EU Right to Clean Air
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Questions and Answers

What obligation do member states have if the deadline for air quality compliance has expired?

  • They need to prepare a new air quality plan from scratch.
  • They are required to report on exceedance of limits. (correct)
  • They must take no action until new guidelines are issued.
  • They have the option to ignore the exceedance.
  • As of 2017, how many member states recorded exceedances of the EU limit for PM10 daily concentrations?

  • 17 member states. (correct)
  • 20 member states.
  • 15 member states.
  • 10 member states.
  • What sector contributes significantly to non-compliance with NO2 limits?

  • Residential sectors.
  • Agriculture.
  • Transport. (correct)
  • Industrial manufacturing.
  • What is a major problem with the air quality plans that member states implement?

    <p>They are generally ineffective and outdated.</p> Signup and view all the answers

    Which pollutant is associated with breaches clustered around the Po Valley of Northern Italy and Central and Eastern Europe?

    <p>PM10.</p> Signup and view all the answers

    What percentage of the EU’s emissions of NH3 comes from agriculture?

    <p>92%.</p> Signup and view all the answers

    What is the relationship between PM10 and PM2.5 limit breaches in urban centers across the EU?

    <p>Both PM10 and PM2.5 breaches follow similar patterns.</p> Signup and view all the answers

    What is a consequence of diesel cars approved under Euro 5 and 6 standards?

    <p>They consistently exceed NO2 limits.</p> Signup and view all the answers

    What principle was established by the CJEU regarding air quality in EU law?

    <p>People have a right to clean air enforceable before national courts.</p> Signup and view all the answers

    In the Janecek case, what did the CJEU require of authorities when limit values risk being exceeded?

    <p>To prepare an action plan if persons are at risk and take legal action.</p> Signup and view all the answers

    What does the Air Quality Directive require of member states according to the CJEU ruling in the ClientEarth case?

    <p>They have an absolute duty to meet air quality limits by a specified deadline.</p> Signup and view all the answers

    What was clarified by the CJEU in the Craeynest case regarding national courts?

    <p>They have to scrutinize the content of air quality plans for compliance.</p> Signup and view all the answers

    How have German courts responded to the CJEU case law on air quality?

    <p>By enhancing standing requirements and judicial review scope.</p> Signup and view all the answers

    Which statement is NOT true regarding the limit values imposed on air quality?

    <p>They can be adjusted by member states based on local pollution levels.</p> Signup and view all the answers

    Which of the following describes the role of environmental NGOs as determined by the CJEU?

    <p>They can enforce compliance with the Air Quality Directive.</p> Signup and view all the answers

    What is required of air quality plans according to German courts?

    <p>They must include strategies for timely compliance with limit values.</p> Signup and view all the answers

    What is a significant reason authorities are hesitant to implement technical solutions for air quality problems?

    <p>Political considerations and costs</p> Signup and view all the answers

    Which of the following statements about air quality monitoring practices is accurate?

    <p>Member states vary in their practices for siting monitoring stations.</p> Signup and view all the answers

    What role does the Commission play in the enforcement of air quality regulations?

    <p>It can initiate legal proceedings against member states that fail to comply.</p> Signup and view all the answers

    Which of the following is NOT one of the public rights guaranteed by the Aarhus Convention?

    <p>The right to participate in elections</p> Signup and view all the answers

    What is the potential impact of civil society on air quality compliance?

    <p>Civil society can take legal action to support air quality laws.</p> Signup and view all the answers

    In which circumstances must member states allow public access to review procedures?

    <p>Upon ignoring public participation rights.</p> Signup and view all the answers

    What factor influences the length of infringement proceedings initiated by the Commission?

    <p>The specific member state involved</p> Signup and view all the answers

    What type of data discrepancy exists regarding NO2 concentrations?

    <p>Official data often differs from unofficial reports.</p> Signup and view all the answers

    Study Notes

    EU Right to Clean Air

    • EU countries face difficulties implementing the Air Quality Directive, especially the enforcement gap
    • As of 2017, 17 EU member states exceeded PM10 daily limit values, and 16 exceeded NO2 limits
    • Exceedances of PM limits are concentrated in the Po Valley, Northern Italy, and Central/Eastern Europe
    • EU limit values are weaker than WHO guidelines, leading to ongoing pollution issues for many citizens
    • Key pollution sectors include transport, domestic heating, and agriculture
    • NOx emissions from diesel vehicles significantly contribute to non-compliance with limits, but laboratory tests often differ from real-world conditions.
    • Solid-fuel burning stoves and boilers are highly polluting, with residential heating emissions significantly exceeding those from power plants
    • Agriculture is a key contributor to ammonia emissions, which form PM
    • Air quality plans are often ineffective, citing inadequate measures, lack of updates, and inadequate public participation
    • EU courts have repeatedly stressed the importance of achieving limit values as quickly as possible, not just gradually

    Access to Justice

    • EU citizens have the right to access information, participation, and court action concerning environmental issues
    • National courts must ensure review procedures for access to information requests, decisions, and actions
    • National rules on access to the courts often present hurdles
    • National courts' scrutiny of environmental cases usually involves deference toward expert decisions.
    • The Craeynest case forced a shift towards stricter review of technical data in court cases.
    • CJEU rulings have established precedents requiring stricter court scrutiny of air quality plans to achieve compliance within a reasonable timeframe
    • Successful court cases in Germany have resulted in the implementation of low-emission zones and reduction in PM concentrations

    Enforcement & Commission role

    • EU Commission has a crucial role in enforcing air quality rules, acting as the "guardian of the treaty"
    • Legal proceedings against member states are a crucial enforcement tool, but can be lengthy
    • Challenges to limit values are due, in part, to political and economic considerations and delays in implementing required measures
    • CJEU decisions have established the principle that the EU Commission's role in ensuring compliance is absolute, not contingent on external factors

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    Description

    This quiz explores the challenges EU countries face in implementing the Air Quality Directive, focusing on enforcement gaps and pollution exceedances. It highlights key contributors to air quality issues, including transportation, domestic heating, and agriculture, while contrasting EU limits with WHO guidelines. Test your knowledge on how these factors affect air quality across Europe.

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