The legal case for low emission zones

1. The legal case for low emission zones

2. An introduction to ClientEarth

3. “The United Kingdom is in breach of its obligations to comply with the nitrogen dioxide limits provided for in Article 13 of Directive 2008/50/EC”

4. “... the way is open to immediate enforcement at national or European level.”

5. 16 zones and agglomerations London Manchester Liverpool Teeside Hull Southampton Glasgow Belfast Eastern England South East England East Midlands The Potteries Yorkshire & Humberside West Midlands North East England West Midlands

6. The Dirty Dozen Tyneside Liverpool Sheffield Bristol Brighton Birkenhead* Preston* Swansea* Belfast South West England North East Scotland South Wales

7. 4 Questions referred to the ECJ • Are member states obliged to apply for a time extension? • If so, when are they excused? • What does “as short as possible mean?” • What remedies must national courts provide?

8. The Commission’s case • UK first to face NO2 infringement • Press release JanezPotocnik

10. An introduction to ClientEarth ECJ Hearing Autumn 2014? 2nd UKSChearing 2015 Court of Justice of the European Union, Luxembourg

11. “...the air quality plans shall set out appropriate measures, so that the exceedance period can be kept as short as possible.” Directive 2008/50/EC, Article 23

12. Defra’s case • Could not apply for a time extension • 2025 = “shortest time possible” • Failure of Euro standards • Breaches in other Member States

13. “Investigate the feasibility of a national framework for low emission zones”

14. “Use the European Commission review of air quality legislation, expected in 2013, to seek amendments to the Air Quality Directive which reduce the infraction risk faced by most Member States, especially in relation to nitrogen dioxide provisions.”

15. ClientEarth’s case • As short as possible = as short as physically possible • Limit values v target values • Mandatory order

17. Case C-56/90 Commission v UK (1993) • Legal duty to achieve limit values by deadlines is absolute • UK failed to demonstrate impossibility • More than just “best efforts”

18. “It is irrelevant whether the failure to fulfil obligations is the result of intention or negligence by the member state…or of technical difficulties encountered by it” Case C-68/11 Commission v Italy (2012)

19. Irrelevant factors: • Financial • Political • Legal • Technical • Weather • Crime • Riots • Crime • Social unrest

20. C-237/07 Janecek The right to clean air

21. An introduction to ClientEarth Federal administrative Court, Leipzig Hess and Bavaria ordered to improve NO2 plans

22. Crystall ball gazing Early 2015: Supreme Court order for new plan to tackle NO2 ASAP

23. A National Network of S

24. The Berlin LEZ 19% reductions in NOx emissions 40% reductions in black carbonemissions

25. 70 + LEZs

26. The need for a national framework • Ensure effectiveness • Uniform standards • Create a level playing field • Avoids pollution displacement • Economies of scale

27. LEZs and localism • Compliance impossible before 2025 • Failure of Euro standards • Other Member States are in breach

28. Legal necessity Moral imperative Economic opportunity

29. Thank you Alan Andrews + 32 2808 3467 aandrews@clientearth.org www.clientearth.org www.facebook.co.uk/ClientEarth @ClientEarth