A reflection on the revision of the Ambient Air Quality Directive
Clean air is essential to human health and so improving air quality has been a focus for European Union Environmental policy over the past three decades. Yet despite efforts by local, regional and national authorities there has not been universal compliance with EU air quality limit values set in previous texts. As a result, air pollution in the EU continues to cause more than three hundred thousand premature deaths per year as well as elevated levels of non-communicable diseases such as asthma, other respiratory conditions, and cardiovascular diseases.
Since the last revision of the Ambient Air Quality Directives (AAQD) in 2008 (2008/50/EC and 2004/107/EC), new scientific evidence about the health impacts of air pollution has emerged. This evidence in September 2021 informed revised WHO Air Quality Guidelines that recommend stricter air quality standards for key pollutants that impact human health and the environment.
As a result, in 2022 the Commission proposed to revise the AAQD to simplify the regulatory approach taken whilst also tightening the limit values for key air pollutants. Political discussion on the final values that will emerge in this new Directive has yet to be finalised. The position of the European Parliament has been reached and we now await the reaction from the European Council of Ministers. This position of the European Parliament, however, has been somewhat less stringent than the initial proposal of the Commission and so there is expectation that an early resolution of this revision may be possible.
The new European Commission
As the Mission for the next mandate period of the European Commission is currently being discussed, it is worth examining how the topic of air pollution fits into the work of the forthcoming Commission.
In order to do so, it is also important to understand what the AAQD is supposed to achieve and the approach it takes to its objectives. Firstly, it is an environmental quality standard in approach rather than an emission source regulation. It has always been the case that compliance with this environmental quality standard is the responsibility of the Member States and they are free to use any or all of the range of instruments available that they deem to have the least burden to achieve compliance. Emission regulations at a European level can contribute to the reductions of pollution from sources – vehicle emission standards in EURO VII for example, but the reductions overall will require action from other administrative levels (national, sub-national, local etc.) if air quality is to comply universally with the AAQD.
Secondly the proposal from the Commission that is the basis for ongoing discussions to revise the air quality directives with the AAQD contain short, medium and long-term objectives. Ensuring sufficient progress to meet medium and long-term objectives will require some review of the AAQD towards the end of the forthcoming Commission mandate so as to ensure that the long-term objective of zero dangerous air pollution by 2050 is attainable.
Moreover, the role the EU can play in reducing pollution emissions extends further than the regulatory sphere and includes EU funds that aid a green transition supporting a circular, low environmental impact economy. These funds too are set to be revised by the forthcoming Commission as they propose the next Multi-annual Financial Framework for the period 2028-2034.
Commission President von der Leyen has now published her mission letters outlining the priorities she identified for each individual Commissioner. What references to air quality and the AAQD are there in these mission letters and what other tasks have been included in terms of requiring and facilitating measures that will see real improvements to air quality?
Firstly, it is noteworthy that despite the continued scale of the impact of air pollution, a deeper understanding of the health impacts, and the need to commence the first review of the air quality provisions before the end of the forthcoming Commission mandate, there is no explicit reference to air pollution in any of the mission letters.
This is a glaring omission and while there are indirect references that can be the basis of further Commission work on air pollution, it would have been preferable to have explicit mention of such a major issue and clarity on roles and responsibilities for the members of the College. There are other references that are more indirect and relate to implementation, compliance and enforcement of environmental EU law, including the AAQD, in the mission letter for the Environment Commissioner-designate Jessika Roswall. Additionally, there is the support the Commission can provide to the circular economy the responsibility of both Roswall and Vice President designate Teresa Ribera Rodriguez.
Implementation & compliance
Given that Member States have always found it difficult to comply entirely with all the provisions of EU air quality legislation, it may be more productive for the next Commission to focus its efforts upon implementation and compliance, especially as following adoption of the AAQD there will need to be a period of application before assessment and review. However, this should not prevent scientific advice and evidence recommending the need for revision of the air quality limit values sought in the AAQD. Indeed, the standards accepted by the European Parliament already fall short of those of the science and evidence such that if they are retained in the final AAQD, then revision to align EU law on air quality with the science will be necessary.
But beyond a tightening of the air quality standards, a more robust approach to Member State’s compliance and implementation of the EU air quality standards, overseen by the European Commission, there remains a further task for the Commission to facilitate change. The role the Commission now has in facilitating the green transition extends beyond establishing and policing the legal framework. It also includes driving and funding large-scale programmes that will aid the national, sub national and local efforts needed to transition EU economy, industry, energy and transport towards a circular economy that can deliver the lofty goals set for EU Air quality in 2050.
People’s health should be considered
EPHA’s position is that air quality standards should be set with health considerations at the centre and in line with scientific evidence and knowledge. The review process foreseen by the revised Directive will be essential in ensuring timely, continuous and science-based update of mandated limit values. EPHA also supports actions to limit the emissions of pollutants to achieve such air quality via multiple mutually supportive measures. Better and cleaner technology for point and mobile sources are needed that harness clean and zero carbon energy. At the same time, other measures such as active travel or urban planning are necessary to reduce the need for transport or services that are currently the sources of pollution. It is this level of ambition that is missing from the mission letters and vision outlined for the next European Commission by President von der Leyen.