Explanatory Memorandum to COM(2005)447 - Ambient air quality and cleaner air for Europe

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dossier COM(2005)447 - Ambient air quality and cleaner air for Europe.
source COM(2005)447 EN
date 21-09-2005


1) Context of the proposal110

- Grounds for and objectives of the proposal

In the context of its 'Better Regulation' initiative in June 2002, the Commission proposed in February 2003 a policy for updating and simplifying the Community acquis. This aimed at securing a clear, understandable, up-to-date and user-friendly body of EC secondary law. Following on from this initiative, the current proposal aims to merge the provisions of five separate legal instruments into a single directive with the intention of simplifying, streamlining and reducing the volume of existing legislation. In addition the proposal aims to revise substantially the existing provisions so as to incorporate the latest health and scientific developments and the experience of the Member States.120

- General context

Air pollution has long been recognised as posing a significant risk to human health and the environment. In 1996 the Air Quality Framework Directive was adopted which established a Community framework for the assessment and management of ambient air quality in the EU. The Framework Directive also provided a list of priority pollutants for which air quality objectives would be established in daughter legislation. There have subsequently been four daughter directives in respect of particular pollutants and a Council Decision to bring about the reciprocal exchange of air quality monitoring information.

The impact assessment accompanying this proposal has estimated the damage costs due to human exposure to particulate matter and ozone in ambient air. In the year 2000, exposure to particulate matter was estimated to reduce average statistical life expectancy by approximately nine months in the EU-25. This equates to approximately 3.6 million life years lost or 348 000 premature mortalities per annum. In addition, it has been estimated that there were some 21 400 cases of hastened death due to ozone. Significant progress is expected in reducing harmful emissions of particulate matter and its precursors between now and 2020 such that the average loss in statistical life expectancy is expected to reduce to around 5.5 months. There is also expected to be a reduction of around 600 cases of hastened death due to ozone over the same time period. The damage costs of these impacts in 2020 has been estimated at between EUR 189 to 609 billion per annum.130

- Existing provisions in the area of the proposal

This proposal aims to revise and combine the following separate instruments into a single legal act.

Council Directive 96/62/EC on ambient air quality assessment and management (“Framework Directive"), OJ L 296, 21.11.1996, p. 55.

Council Directive 1999/30/EC relating to limit values for sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter and lead in ambient air, OJ L 163, 29.6.1999, p. 41 ("First Daughter Directive").

Directive 2000/69/EC of the European Parliament and of the Council relating to limit values for benzene and carbon monoxide in ambient air, OJ L 313, 13.12.2000, p. 12 ("Second Daughter Directive").

Directive 2002/3/EC of the European Parliament and of the Council relating to ozone in ambient air, OJ L 67, 9.3.2002, p. 14 ("Third Daughter Directive").

Council Decision 97/101/EC establishing a reciprocal exchange of information and data from networks and individual stations measuring ambient air pollution within the member States, OJ L 35, 5.2.1997, p. 14 ("Exchange of Information Decision").140

- Consistency with other policies and objectives of the Union

This proposal is consistent with Article 175 of the Treaty establishing the European Community and aims to provide a high level of protection for human health the environment.

2) Consultation of interested parties and impact assessment

- Consultation of interested parties

2Consultation methods, main sectors targeted and general profile of respondents

Approximately 13 main meetings with stakeholders including industry groups (road vehicles, oil refiners, VOCs industries and general industry representatives), Member States and NGOs including the European Environment Bureau, the Swedish Secretariat on Acid Rain and the World Health Organisation (WHO) were carried out. Accession and EEA countries were also invited to these meetings. There have also been approximately one hundred or so meetings of various technical working groups which have been organised by the Commission services. In addition, a web based consultation was held on elements of the thematic strategy on air pollution which encompassed elements of the current proposal.212

Summary of responses and how they have been taken into account

The views of the Member States and other stakeholders are generally supportive of the Commission's initiative to simplify the legislation. Member States also (i) recognise the importance to address the new air pollutant PM2.5, (ii) are cautious about the absolute level at which any air quality standard may be set in light of the potential costs and feasibility of compliance, and (iii) supportive of the idea to reduce exposure generally and more in places where pollution is greatest. The proposal, therefore, foresees a relatively high concentration cap for PM2.5 that would apply everywhere in the EU and which would ensure protection against unduly high risks but would only impose burdens in the most polluted areas. In addition, Member States would be obliged to measure PM2.5 in urban background locations and to bring about a differentiated reduction in the average levels measured according to measured pollution levels in 2010. This will enable general exposure to be reduced in the most effective manner as decided by the Member States.213

An open consultation was conducted over the internet from 1 December 2004 to 31 January 2005. The Commission received 11 578 responses. The results are available on europa.eu.int/comm/environment/air/cafe/pdf.

- Collection and use of expertise

Scientific/expertise domains concerned

The following areas of expertise have been used in developing this proposal and the thematic strategy on air pollution: i impacts of air pollution on human health, i integrated assessment modelling and development of cost-effective control strategies, i health impacts estimation including monetary quantification, i ecosystem benefits estimation, i macroeconomic modelling, and i air quality assessment and management expertise.222

Methodology used

Contents

1.

Service contracts and grant agreements and meetings convened by the Commission.223


Main organisations/experts consulted

The World Health Organisation, International Institute of Applied Systems Analysis, AEA Technology, The Convention on Long Range Transboundary Air Pollution, The European Environment Agency, The Joint Research Centre (ISPRA), the Commission's working group on particulate matter, Commission's working group on implementation and the Scientific Committee on Health and Environmental Risk (SCHER) of the European Commission.2249

Summary of advice received and used225

The overwhelming evidence that the Commission has received can be summarised as follows: (i) there is a health risk from PM2.5, (ii) PM2.5 is a better metric for anthropogenic contributions to ambient levels of particulate matter, and (iii) the risk from the coarse fraction (between PM2.5 and PM10) cannot be ignored.226

Means used to make the expert advice publicly available

2.

All reports from experts and contracts have been routinely uploaded to the internet for public dissemination.230


- Impact assessment

The Commission has considered the following options in respect of controlling human exposure to PM2.5. Each option assumes that the existing limit values for PM10 remain in force.

Introduce an exposure reduction target for PM2,5 to be attained by 2020, to reduce annual average urban background concentrations of PM2.5 by a defined percentage rate of the Member State measured average over 2008-2010. This target to be achieved as far as possible but is not legally binding.

Replace the indicative limit values for PM10 for the year 2010 by a legally binding limit value for annual average concentrations of PM2.5 to be attained by 2015. Such a limit value would be designed to offer a high degree of protection to the population and would apply everywhere in the territory of the Member States;

Replace the indicative limit values for PM10 for the year 2010 by a legally binding “cap” for the annual average concentrations of PM2.5 of 25µgm-3 to be attained by 2010. Such a “cap” or ceiling would be designed to limit unduly high risks to the population;

Replace the indicative limit values for PM10 for the year 2010 by a non- binding target for the annual average concentrations of PM2.5 to be attained as far as possible by 2010. Such a target value would be numerically identical to the limit value in option i above; and

Do nothing, i.e. do not introduce any requirement to reduce human exposure to PM2.5.

In light of the significant impacts on the European economy, option i of doing nothing is not a serious option. The Commission proposes a combination of options i and i. This combination is in line with the best advice received from the WHO. The analyses underpinning the impact assessment show that a stringent uniform limit value is not as cost‑effective as option i because a limit value would have most effect in the most polluted areas which is not necessarily where most people are exposed. The benefits of the preferred combination have been estimated at EUR 37 to 120 billion per annum with costs of around EUR 5 billion per annum.

The simplification exercise and the modernisation of reporting requirements are likely to reduce the administrative burden on Member States though this cannot be quantified precisely. However, the proposals will require some additional monitoring of air quality though the costs involved are small and of the order of several million Euros. This will improve our understanding of air pollution and should permit in the longer term a greater use of modelling when assessing air quality rather than using more expensive monitoring.231

The Commission carried out an impact assessment listed in the Work Programme, whose report is accessible on www.europa.eu./dg/env/cafe/index.

3) Legal elements of the proposal305

- Summary of the proposed action

The aim of the current proposal is to revise substantially and merge five separate elements of the existing acquis on ambient air quality into a single directive. This will necessarily simplify and streamline existing provisions particularly in respect of monitoring and reporting. The proposal will also update the provisions to reflect new scientific developments and introduce controls on human exposure to PM2.5 in ambient air.310

- Legal basis

3.

The legal basis of the proposal is Article 175 of the Treaty.320


- Subsidiarity principle

The subsidiarity principle applies insofar as the proposal does not fall under the exclusive competence of the Community.

4.

The objectives of the proposal cannot be sufficiently achieved by the Member States for the following reasons.321


The existing legislation established minimum standards of air quality throughout the Community and this principle is maintained in the simplification. In addition, particulate matter in air consists of a substantial transboundary component and so all Member States must take measures in order that the risks to the population in each Member States can be reduced.

5.

Community action will better achieve the objectives of the proposal for the following reasons.324


The major thrust of this proposal is to amend and simplify existing legislation which applies minimum standards of air quality across the whole Community. In addition, PM2.5 has a substantial transboundary component such that once pollution is emitted or formed in the atmosphere it can be transported over thousands of kilometres. So the scale of the problem requires Community-wide action.325

Atmospheric modelling and measurements of air pollution demonstrate beyond doubt that the pollution emitted in one Member State contributes to measured pollution in other Member States. This shows that individual Member States cannot solve the problems alone and concerted action at the EU scale is required.327

The proposal concentrates on simplifications to existing legislation. On PM2.5, the proposal sets Community objectives for each Member State but leaves the means of compliance to be decided by the appropriate Member State authorities thus ensuring minimum standards of air quality for all citizens of the EU.

The proposal therefore complies with the subsidiarity principle.

- Proportionality principle

6.

The proposal complies with the proportionality principle for the following reasons.331


The chosen legal instrument is a directive, as i the proposal aims to simplify existing directives; and i it establishes objectives whilst leaving the details of implementation to the Member States who have more precise knowledge of local circumstances and the measures that will deliver air quality benefits most cost-effectively.332

The proposal aims to simplify the monitoring and reporting requirements by moving towards a shared information system and electronic reporting. In addition, certain reporting requirements will be repealed. This will reduce the administrative burden on Member States though the precise extent cannot yet be quantified. In addition, although the proposal will require additional monitoring requirements in the short to medium term, this will eventually permit a greater scientific understanding of certain air pollution problems which should in turn permit a greater use of modelling to assess air quality rather than more expensive monitoring. Thus cost savings in monitoring activities can be expected in the longer term.

- Choice of instruments

7.

Proposed instruments: directive.342


Other means would not be adequate for the following reasons.

The aim of the current proposal is to merge and simplify four existing directives and a Council decision into a single instrument. Given this, and given that the existing legislation sets Community objectives but leaves the choice of measures for compliance to the Member States then the best instrument is a directive.

4) Budgetary implication409

The research needs linked to the proposal will be covered by Member States, with an EU contribution covered by the budget already allocated for this purpose in the 7th Research Framework Programme as proposed by the Commission for the financial perspectives 2007‑2013. The proposal has no implication for the Community budget which would go beyond these actions.

5) Additional information510

- Simplification

8.

The proposal provides for simplification of legislation and simplification of administrative procedures for public authorities (EU or national).512


Four directives and one Council decision will be merged into a single directive. Redundant provisions will be repealed, consistency between the separate legal acts improved and unnecessary obligations repealed. Non-essential reporting requirements will be repealed and it is anticipated that future monitoring will be by electronic means only thus reducing the administrative burden on Member States.513

Reporting and monitoring requirements will be simplified with a move towards electronic reporting. This should assist Member States' internal administrative requirements.515

The proposal is included in the Commission's rolling programme for up-date and simplification of the acquis communautaire and its Work and Legislative Programme under the reference CLWP 2004 1011 fiche 2005.520

- Repeal of existing legislation

The adoption of the proposal will lead to the repeal of existing legislation.

- Review/revision/sunset clause

The Commission will review, within five years following the adoption of this Directive, the provisions related to PM2,5. In particular the Commission will develop and propose a detailed approach to establish legally binding exposure reduction obligations which take account of differing future air quality situations and reduction potentials in the Member States.550

- Correlation table

9.

The Member States are required to communicate to the Commission the text of national provisions transposing the Directive as well as a correlation table between those provisions and this Directive.560


- European Economic Area

10.

The proposed act concerns an EEA matter and should therefore extend to the European Economic Area.570


- Detailed explanation of the proposal

As the major thrust of this proposal is to revise and merge several legal texts and remove redundant text, only major changes to the existing legislation are described here.

Chapter III (Air Quality Management):

The Commission does not propose to modify the existing air quality limit values but will propose a strengthening of existing provisions so that Member States will be obliged to prepare and implement plans and programmes to remove non-compliances. However, where Member States have taken all reasonable measures the Commission will propose that Member States be allowed to delay the attainment date in affected zones where limit values are not yet complied with, if certain objective criteria are met. Any extension will have to be notified to the Commission. Furthermore, the Commission will confirm the intent of the current legislation to discount pollutant contributions from natural sources for compliance purposes.

There is strong evidence to conclude that fine particles (PM2.5) are more hazardous than larger ones. However, the coarse fraction (particles in the range of 2.5 to 10 µm in diameter) cannot be ignored. As such a new approach to control PM2.5 is required to complement the existing controls on PM10. This is supported by the Scientific Committee on Health and Environmental Risks. The proposed approach would establish a concentration cap for PM2.5 in ambient air set to prevent unduly high risks to the population and to be attained by 2010. This would be coupled with a non-binding target to reduce human exposure generally to PM2.5 between 2010 and 2020 in each Member State, based upon measurement data.

The proposal also envisages more comprehensive monitoring of certain pollutants such as PM2.5. This will permit a greater understanding of this pollutant and lead to better policy development in the future. In addition, this monitoring should eventually permit a greater use of modelling and objective estimation techniques to assess the extent of air pollution. This should allow less use of more expensive monitoring.

Chapter V (Information and Reporting):

The Commission proposes to move to a system of electronic reporting based upon a shared information system within the INSPIRE framework1. This approach will reduce paperwork, shorten information flows, enhance assessment capabilities and improve public access to information. As such, those provisions of the Exchange of Information Decision relating to the mechanism for reporting will remain in force until such time as new implementing provisions are adopted under the INSPIRE Directive..