European Commission launches legal proceedings against UK Government over failure to improve air quality
Thu 20 February 2014
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The European Commission has announced that it has launched legal proceedings against the UK for its failure to cut excessive levels of nitrogen dioxide (NO2). NO2 is the main pre-cursor for ground-level ozone causing major respiratory problems which can lead to premature death.
European legislation sets limits on air pollution and the NOx limits should have been achieved by 1 January 2010 unless an extension was granted until 1 January 2015.
The UK Supreme Court has already declared that air pollution limits are regularly exceeded in 16 zones across the UK. The areas affected are Greater London, the West Midlands, Greater Manchester, West Yorkshire, Teesside, the Potteries, Hull, Southampton, Glasgow, the East, the South East, the East Midlands, Merseyside, Yorkshire & Humberside, the West Midlands, and the North East.
The Court also noted that air quality improvement plans estimate that for London, compliance with EU standards will be achieved by 2025, fifteen years after the original deadline, and in 2020 for the other 15 zones.
EU legislation does contains flexibility as regards the deadlines for returning air pollution to safe levels. Although the original deadline for meeting the limit values was 1 January 2010, extensions had been agreed with member states which had a “credible and workable” plan for meeting air quality standards within five years of the original deadline, i.e. by January 2015.
The Commission said, however, that the UK had not presented any such plans. The Commission is therefore of the opinion that the UK is in breach of its obligations under the Directive, and a letter of formal notice has been sent. The UK has two months to respond.
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