1. Implementation of AQ Directives Update by DG ENV Andrej Kobe, Hans Meijer ENV C3, DG Environment

2. Outline EU policies - update  New air quality Directive 2008/50/EC published in June 2008  Development, implementation of Community measures Implementation  4 th DD  FWD & 1-3 DD : enforcement  ECJ case : Janacek vs Bayern  AQD Article 22 – time extensions  Development of guidance documents  Activities supporting implementation

3. Air Quality team AQ team in C.3  Susanna Lindvall  Andrea Weber  Alessandro Bertello  Andrej Kobe Doors open, please contact if questions Starting to prepare review 2013, across units  Duncan Johnstone (C3, review of Thematic strategy)  Andre Zuber (NECD, CLRTAP, hemispheric transport of AP)

4. Ambient Air Quality Mobile Sources Stationary sources National emissions ceilings IPPC LCP’s Road Non-roadFuels Quality Framework Directive 1 St Daughter 2 nd Daughter 3 rd Daughter Exchange Information 4 th Daughter ConcentrationsEmissions IncinerationVOC’s Community Air Policy Air Pollution CAFE Directive

5. Community Air Pollution measures - update Done  EURO 5,6 (light duty vehicles)  IMO agreement on shipping fuel quality Co-decision  IPPC revision (merges LCP, waste incineration,intense agriculture…)  EURO VI (heavy duty vehicles)  Fuel quality (incl. biofuels) In preparation…  NECD  Storage of petrol (Stage II)  Eco-design and reducing the emissions of domestic boilers and water heaters,  Solvent content of paints, varnishes and vehicle refinishing products,  Non-road mobile machinery Climate change measures strongly interlinked  Climate/energy package (incl. renewables, biofuels, CCS…)

6. Community Air Pollution measures – update II A large number of Community tools available  National emission ceilings  IPPC  …  EU Structural funds  State aid provisions  Policies (hooks to promote specific measures) They should be used to maximum AQ benefit!

7. FWD + 1-3 DD Enforcement  Reporting of assessment information (Q461)  Communication of info on Air Quality Plans (2004/224/EC)  (attainment date in future)  Exceedance of SO2  Exceedance of PM10 – interlinked with AQD Art. 22 Janacek before European Court of Justice  Citizen has individual right to request that measures are taken  But not which measures (i.e. AQ plan)

8. Implementation – 3 th Daughter Directive Target values, long term objective: Ozone  2 nd most potent pollutant in terms of adverse effects on human health  very important adverse effects on crops,vegetation (will become even more important with changing climate) Target values to be achieved by 2010  Take all measures not entailing disproportionate costs  Current data indicates : widespread exceedance expected in 2010 and beyond (large meteo variability) Ozone secondary pollutant, i.e. generated from precursors (mainly VOC, NOx) in atmosphere  NECD implementation important abatement instrument  Improvements offset through increasing hemispheric contribution

9. Implementation – 4 th Daughter Directive Target values: Benzo(a)pyrene, As, Ni, Cd  (Pb limit value set already in 1999/30/EC) Regular assessment performed since 1 Jan 2008  First official assessment reported Sept 2009 Target values to be achieved by 31 Dec 2012  Take all measures not entailing disproportionate costs First data indicates very high concentrations of BaP or selected heavy metals in the vicinity of some industrial sources

10. Expectations Directive 2008/50/EC l Streamlined provisions, implementation clarity l Maintains existing limit, target values l New PM2.5 objectives, monitoring requirements l Includes new exposure objectives l Focused, more coherent measures, better information for further policy development l More time for compliance, under conditions m Assessment of measures by Commission l Expanded concept of deduction of natural contributions m Demonstration requirement leads to better understanding of sources and subsequently more effective measures l Additional QA/QC provisions, new reporting provisions...

11. AQD Implementation Some important dates 30 September  Reporting for year 2007  Info for 2 countries + few regions still missing  Improvement in some areas, no real qualitative difference 30 October  If no notification received start with PM10 infringements 1 January 2009 :  PM2.5 monitoring at least at Urban background sites selected for exposure assessment 11 June 2010 : full transposition of 2008/50/EC 11 June 2011: end of derogation for PM10 (where applied)

12. Time extensions : Article 22 (I) PM10  Up to June 2011  All appropriate measures taken to reach compliance in 2005  External reasons prevented compliance  Transboundary, climatic conditions, dispersion  Compliance demonstrated by new deadline NO2, benzene  Maximum up to 2015  2010 can not be reached (though measures taken...)  Compliance demonstrated by new deadline Communication COM(2008) 403 final  Explanation of the exercise, information requirements

13. Article 22 (II) Notification by Member State (can be several)  Air quality plan(s)  All other notification information (how conditions are fulfilled)  Use of Forms encouraged Assessment zone by zone Commission has 9 months to raise objections Information continuously updated on web, CIRCA http://ec.europa.eu/environment/air/quality/legislation/time_extensions.htm

14. Article 22 (III) Role of NGO in the process?  Can provide its view on the notification  Commission will consider it (but it is not part of official file)  NGO can challenge notification in Member State and/or final Commission decision (that will trigger internal review) Current status  NL first to notify (decision by March 09)  Several MS notified by November, few more in the pipeline

15. AQD Implementation Ongoing (I) Guidance preparation  Objective : facilitate implementation, increase ‘level playing field’  Review & update of existing  Specific guidance  Equivalence  Natural contributions  Winter sanding/salting  Common measurement stations QAQC  Objective : increase quality of assessment (monitoring, modelling) data and comparability  Accreditation of National reference laboratories  Traceability of measurements

16. AQD Implementation Ongoing (II) New implementing provisions  Objective : streamlined reporting, improved information access, usability  Near Real Time exchange  Support also public information Other activities  GMES/Kopernikus  Services for better information on air quality  forecasting (information to sensitive population...)  EEA as data centre  Improved access to air quality information, check the web!

17. Final messages Serious challenges ahead  Community measures facilitate improvement, but...  must be fully implemented! (ex. IPPC, NECD)  Enforcement at EU level delivers but only up to the minimum compliance level, and with significant time delay  Further measures needed at local/regional/nat. level  Public pressure and good governance crucial! Art.22 exercise provides pressure...  Follow-up necessary to ensure good implementation  Not notified or objections raised > enforcement follows Strong links with other policies (climate change)  benefits but also trade-offs! Review in 2013 important  More ambitious PM2.5 standards?