EU Right to Clean Air

The right to clean air in the EU is enshrined by law and aims to ensure that air quality targets are met, with member states required to prepare plans in case of pollution episodes and report on exceeding limits.

Member states face challenges in implementing the Air Quality Directive, leading to a significant gap between legislation and actual implementation.

As of 2017, 17 EU member states exceeded the daily limit for PM10 concentration, while 16 exceeded the NO2 limit.

Pollution from traffic, domestic heating, and agriculture are key contributors to poor air quality in the EU. Notably, diesel vehicles contribute significantly to NO2 breaches.

Many air quality plans are ineffective due to inadequate measures, lack of information and updates, and limited public participation.

Most diesel cars certified under Euro 5 and 6 standards emit notably higher than legal NO2 limits, with some Euro 6 vehicles exceeding the limit by 12 times.

Solid fuel burning stoves and boilers produce high levels of soot particles compared to power plants, contributing significantly to air pollution.

Agriculture accounts for a significant portion of ammonia emissions (NH3), which subsequently forms fine particulate matter (PM) in the atmosphere.

EU law protects the right to clean air and requires Member States to uphold it.

The European Commission has the power to take legal action against Member States violating EU air quality regulations.

The Commission can initiate legal procedures against Member States that fail to comply with air quality rules.

Groups like NGOs and citizens can bring legal cases to protect their right to clean air.

The Aarhus Convention guarantees citizens the right to access environmental information, participate in decision-making, and challenge environmental violations in court.

Member states must provide mechanisms for citizens to challenge decisions or actions related to environmental information, participation, and legal breaches.

EU Member States must ensure access to review procedures when access to information is denied, public participation rights are violated, or national environmental laws are breached.

The Aarhus Convention grants the public access to challenge environmental problems through the courts.

Individuals directly affected by potential air pollution exceeding limits can demand authorities create an action plan to mitigate the risk.

The CJEU ruled that member states have an absolute obligation to comply with air quality limits by the specified deadline.

The CJEU established the right to clean air as enforceable in EU law, ensuring individuals can seek legal action for air pollution.

The CJEU clarified that national courts must analyze air quality plans, ensuring they contain measures sufficient to achieve compliance with air quality limits effectively.

The CJEU asserted that limit values for clean air are mandatory rules designed to protect human health.

National courts are increasingly involved in reviewing air quality plans, ensuring they comply with EU directives.

Environmental NGOs can pursue legal actions to ensure member states comply with the Air Quality Directive.

German courts, influenced by CJEU case law, are more actively reviewing the content of air quality plans to ensure they effectively achieve compliance with limits.