Air Quality Plans – Art. 23

1. Discussion Topic 2DiscussionsTOPIC 1: Air quality plansfor complying with target values Action plans where risk of exceedence of alert threshold values

2. Air Quality Plans – Art. 23 • Mandatory to draw up air quality plans for given zones or agglomerations where pollution exceed any limit value or target value to ensure that the limit values are complied with within a specified time limit (Art. 23). • Keep exceedence period as short as possible by introducing appropriate measures especially for limit values where attainment deadline has expired • Consideration of sensitive groups • Minimum content of plans – Section A of Annex XV and may include effective short term measures • Submission of information regarding limit values for S02, NO2, NOX, PM, lead, benzene and carbon monoxide • 2008/50/EC, Art. 25 (also 96/62/EC (Art. 8(3)) • Decision 2004/224/EC, Art. 1 and Annex

3. Plans to reach target values (Art. 23) • Prepare and implement action programmes to reduce pollution in the short term, when limit values or alert thresholds are in danger of being exceeded. • Draw up a list of zones and agglomerations in which the levels of pollutants are above the limit values (including a list of zones and agglomerations in which the levels of pollutants are between the limit value and the limit value plus the margin of tolerance). • Reporting of plans and programmes in progress in their implementation every 3 years

4. Plans and programmes - steps • Establish efficient ambient air monitoring • Carry out quality-assured assessments of air quality • Draw up a list of zones and agglomerations in which the levels of pollutants are above and below the limit values • Prepare integrated plans covering all the pollutants concerned by daughter directives, for improving air quality and attaining the limit value within a specified time limit • Implement the above plans and programmes • However, action plans to deal with serious exceedances of local type can be prepared before completion of assessments if results of assessment are not likely to change the plans • Take measures to maintain the best ambient air quality in these zones that is compatible with sustainable development. • Establish system for annual reporting on ambient air quality limit values plans or programmes for SO2, NO2, NOx, PM10 and Pb, and benzene and CO and ozone

5. Examples of measures in plans • Integrated Financial incentives such as • Rebates for cleaner (bio) fuels and green vehicles • Tax on Nox, SO2 • Vehicle tax based on fuel economy • More rigorous conditions for emissions from main industrial sources including waste incinerators, energy producers • Incentives for use of clean or biofuels

6. Examples in Member States - UK • Air Quality Strategy for England, Scotland, Wales and Northern Ireland (2007, UK Gov and devolved administrations) • Sets out: • targets for reductions in the concentrations of nine major pollutants, to be achievedbetween 2010 and 2020

7. Short Term Action Plans – Art. 24 • Directive 2008/50/EC (Art. 24)(Directive 96/62/EC, Art. 7(3), Directive 2002/3/EC, Art. 7) • MANDATORY - if risk of exceedence of alert thresholds in Annex XII (although more leeway where plan is targeting groundlevel ozone) • RECOMMENDED – if risk of exceedence relates to limit values or target values in Annexes VII, XI and XIV • Short term, urgent action to reducing the risk of exceedence and return to levels below limit values • May contain effective measuresto control emissions • Must involve and inform public in the investigation and preparation of action plans, content of the plan and its implementation • Consider whether to cover areas of other MS – cooperation also with Candidate Countries • Should complement other ambient air plans and programmes • Normally targeting high risk areas

8. ECJ preliminary ruling on short term action plans • ECJ ruling C-237/07 Dieter Janecek v. Freistaat Bayern - on the right to request CAs to draw up an action plan in case of risk of exceedence of limit values (PMs) • Private individual leaving in central part of Munich affected by PM pollution. Monitoring station showed exceeded values 35 times • Brought action for an order to ask local municipality to draw up an air quality action plan in his district to define short term measures • ECJ ruled that persons directly concerned by pollution are in a position to require the CAs to draw up an action plan • Also in addition to remedies provided under national system • MS are obliged to take such measures in the short term in the action plan to reduce to a minimum the risk that limit values or thresholds may be exceeded and ensuring gradual return to levels below values • However, Ms are not obliged to take measures to ensure that the limit values or alert thresholds are never exceeded

9. Examples of short term measures • Diversion of heavy traffic • Suspension of certain activities (traffic, construction works, industrial plants or domestic heating) • Special measures targeting sensitive groups (children)

10. Authorities preparing and implementing action plans • Usual local authorities as the problem is normally connected with certain geographic areas especially with certain pollutants that don’t travel that far • In Sweden – monitoring of compliance is carried out by municipalities – local level. For cost-efficiency reasons it is now proposed: • that the monitoring and compliance should be at regional level under the regulation of County Boards • Regional programme would be decided by the County Boards with consultation of the municipalities • Several benefits such as pooling and identifying competency at regional level, focused priorities

11. Cost implications Implementation of these plans and programmes will be the most expensive and time-consuming part of achieving compliance with the directive

12. Some discussion points – air quality plans • Who is involved in preparing and implementing these air quality plans under the ambient air framework and National Emissions Ceiling Directive (2001/81/EC), and at which level? • Are these plans based on a reference point including indicators of whether the objectives are being achieved or not? • Give some examples of key measures proposed in the plans and sectors prioritised • Planned cooperation and coordiantion with neighbouring states including MS? • Have you yet assessed the costs for implementing the plans

13. Some discussion points – short term action plans • Are action plans being developed for each zone or agglomeration where there is a risk for exceedence of alert thresholds? • Which pollutants would these primarily target, e.g. NOX, SO2, benzene, ground level ozone, lead, heavy metals or PM. • What type of measures would you typically propose – restriction of transport, industrial activities, domestic heating also taking into account costs and benefits? • Is the public consulted in the preparation and implementation of these plans?

14. Thank you for your attention! Miriam Markus-Johansson, Project Manager, REC Hungary (mmjohansson@rec.org)