New Directive 2008/50/EC on ambient air quality and cleaner air for Europe

1. February 10, 2009 New Directive 2008/50/ECon ambient air quality and cleaner air for Europe Aiga Kāla, Valts Vilnītis SIA Estonian, Latvian & Lithuanian Environment

2. CAFE Directive

3. EU Air Quality Management CAFÉ Directive • Commission Proposal in September 2005 • European Parliament 1st reading September 2006 • Adoption 21 May 2008 • Entry into force: 11 June 2008

4. EU Air Quality Management CAFÉ Directive • Health based limit values for concentrations of main pollutants. • These to be applied universally: to Integrated Pollution Prevention and Control (IPPC), Environmental Impact Assessment (EIA) and for specific requirements of Air Quality Management Framework. • Requires identification of agglomerations/zones for detailed assessment. Population over 250,000, densely populated or industrial zone

5. EU Air Quality Management CAFÉ Directive - II • Specifies number of ambient air quality monitors required for zone/agglomeration of given size. • Member states must list all places where pollutants exceed limit values (plus margin of tolerance) • Improvement ‘action’ plans and programmes required for zones of exceedence – development of these requires air quality modelling. • Exceedence of short term thresholds (NOx, SO2) requires immediate action – air quality forecasting • Public information

6. Attainment scheme Concentrationintheagglomerationorzone Above margine of tolerance: annual report and plans or programmes to improve air quality sent to EC Margin of tolerance Between limit value and margin of tolerance: annual report to EC Limit value Below limit value: annual report to EC, Good air quality maintained Time Directive comes into force Attainment date

7. New Directive key elements • Existing legislation merged into a single directive (except for the fourth daughter directive) • No change to existing air quality objectives • New air quality objectives for PM2.5 (fine particles) • Possibility for time extensions for complying with limit values • The possibility to discount natural sources of pollution

8. Air quality objectives for PM2.5 5 objectives for PM2.5 • Target and limit value • 25 μg/m3 annual average to apply everywhere . • Target value in 2010, limit value in 2015 • Indicative limit value of 20 μg/m3 in 2020, to be confirmed at review • Exposure (based on national average exposure indicator) • Exposure concentration obligation 20 μg/m3 in 2015 • Exposure reduction target to reduce national average measured urban background concentration 0-20% between 2010 and 2020 subject to later review where differentiated MS legal objectives to be proposed

9. Compliance problems (Article 22) • Attainment date can be postponed for particular pollutants: • NO2, benzene - maximum postponement up to 2015 • PM10 – until June 2011 • Conditions – air quality plan which obligatory has to at least consider a list of measures (Annex to the Directive) • LV in force, but at LV+MoT level

10. Compliance problems (Article 22) – II • PM10 • Attainment date already passed • All appropriate measures taken to reach compliance in 2005 • External reasons prevented compliance (transboundary, climatic conditions, dispersion • Compliance demonstrated by new deadline • NO2, benzene • Attainment date not yet arrived • 2010 can not be reached (measures taken) • Compliance demonstrated by new deadline

11. Addressing man-made pollution • Existing provision to deduct natural events generalized to natural contributions • Natural sources: volcanic eruptions, seismic activities, geothermal activities, wild-land fires, highwind events, sea sprays or the atmospheric re-suspension or transport of natural particles from dry regions • Deduction needs to be well justified • Further source apportionment mostly required to be able to use this provision • Guidance in development

12. Addressing man-made pollutionII • Contribution from re-suspension • Exceedances of PM10 attributable to winter-sanding or -salting of roads • Deduction needs to be well justified • Reasonable measures taken, air quality plans • Guidance in development

13. Where limit values apply? • Specific list of locations where compliance with limit values related to health is not to be assessed: • On the motorway • Where no access and no permanent habitation Limit values apply everywhere!

14. Protection of vegetation and biodiversity • Critical levels (SO2 and NOX) – Annex XIII • “Level” – shall mean the concentration of a pollutant in ambient air or the deposition thereof on surface in a given time • Critical loads important for the assessment under the Habitats directive