EC to take action against UK for persistent air pollution 20 February 2014

The European Commission has launched legal proceedings against the UK for its "failure to cut excessive levels of nitrogen dioxide", primarily from diesel engines.

European legislation sets limits on air pollution and the UK and some other European member states should have reached those relating to NOx 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, including Greater London, the West Midlands, Greater Manchester, West Yorkshire, Teesside, Southampton, Glasgow, the South East, East Midlands, Merseyside, West Midlands and the North East.

The court also noted that UK air quality improvement plans suggest that London will fail to achieve compliance with EU standards until 2025, while for the other 15 zones affected, 2020 was the best prediction.

Although the original deadline for meeting the limits was 1 January 2010, extensions have been agreed with member states offering a credible plan for meeting air quality standards by January 2015. However, the UK failed to present such a plan.

Improving the UK's NOx emissions levels ahead of the forecast 2020—2025 timelines is going to be a tough ask.

Some other European countries – notably Germany – were much quicker to institute Low Emission Zones, which make a significant difference by effectively freezing out heavily polluting engines. It's a similar story with tax incentives and, in commercial transport, RPIs (reduced pollution incentives), which have failed to stimulate early adoption of EEV and Euro 6 vehicles.

As a result, the EC says 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.

Other parts of Europe are also experiencing problems with air quality, and the Commission is currently taking action against 17 member states. To date, however, these have only related to high levels of particulates (PM10).

Nitrogen dioxide is the main pre-cursor for ground-level ozone, known to causes respiratory problems and to lead to premature death. Urban conurbations are most at risk, because of the high density of diesel-burning traffic, both from private cars and commercial vehicles.

Author
Brian Tinham

Related Companies
European Commission- Joint Research Centre

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