Podcast
Questions and Answers
What obligation do member states have if the deadline for air quality compliance has expired?
What obligation do member states have if the deadline for air quality compliance has expired?
As of 2017, how many member states recorded exceedances of the EU limit for PM10 daily concentrations?
As of 2017, how many member states recorded exceedances of the EU limit for PM10 daily concentrations?
What sector contributes significantly to non-compliance with NO2 limits?
What sector contributes significantly to non-compliance with NO2 limits?
What is a major problem with the air quality plans that member states implement?
What is a major problem with the air quality plans that member states implement?
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Which pollutant is associated with breaches clustered around the Po Valley of Northern Italy and Central and Eastern Europe?
Which pollutant is associated with breaches clustered around the Po Valley of Northern Italy and Central and Eastern Europe?
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What percentage of the EU’s emissions of NH3 comes from agriculture?
What percentage of the EU’s emissions of NH3 comes from agriculture?
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What is the relationship between PM10 and PM2.5 limit breaches in urban centers across the EU?
What is the relationship between PM10 and PM2.5 limit breaches in urban centers across the EU?
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What is a consequence of diesel cars approved under Euro 5 and 6 standards?
What is a consequence of diesel cars approved under Euro 5 and 6 standards?
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What principle was established by the CJEU regarding air quality in EU law?
What principle was established by the CJEU regarding air quality in EU law?
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In the Janecek case, what did the CJEU require of authorities when limit values risk being exceeded?
In the Janecek case, what did the CJEU require of authorities when limit values risk being exceeded?
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What does the Air Quality Directive require of member states according to the CJEU ruling in the ClientEarth case?
What does the Air Quality Directive require of member states according to the CJEU ruling in the ClientEarth case?
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What was clarified by the CJEU in the Craeynest case regarding national courts?
What was clarified by the CJEU in the Craeynest case regarding national courts?
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How have German courts responded to the CJEU case law on air quality?
How have German courts responded to the CJEU case law on air quality?
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Which statement is NOT true regarding the limit values imposed on air quality?
Which statement is NOT true regarding the limit values imposed on air quality?
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Which of the following describes the role of environmental NGOs as determined by the CJEU?
Which of the following describes the role of environmental NGOs as determined by the CJEU?
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What is required of air quality plans according to German courts?
What is required of air quality plans according to German courts?
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What is a significant reason authorities are hesitant to implement technical solutions for air quality problems?
What is a significant reason authorities are hesitant to implement technical solutions for air quality problems?
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Which of the following statements about air quality monitoring practices is accurate?
Which of the following statements about air quality monitoring practices is accurate?
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What role does the Commission play in the enforcement of air quality regulations?
What role does the Commission play in the enforcement of air quality regulations?
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Which of the following is NOT one of the public rights guaranteed by the Aarhus Convention?
Which of the following is NOT one of the public rights guaranteed by the Aarhus Convention?
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What is the potential impact of civil society on air quality compliance?
What is the potential impact of civil society on air quality compliance?
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In which circumstances must member states allow public access to review procedures?
In which circumstances must member states allow public access to review procedures?
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What factor influences the length of infringement proceedings initiated by the Commission?
What factor influences the length of infringement proceedings initiated by the Commission?
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What type of data discrepancy exists regarding NO2 concentrations?
What type of data discrepancy exists regarding NO2 concentrations?
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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.