EU Council and Parliament reach agreement on new air quality standards
The EU Council and Parliament have reached preliminary agreement on draft amendments to the Air Quality Directive (AAQD), which aim to introduce stricter EU air quality standards. Only with the introduction and application of the new standards will it be possible to meet the goal of eliminating pollution and achieving full zero-emission by 2050. Among other things, the draft new regulations are expected to bring the legislation in line with the latest scientific knowledge and raise air quality standards to World Health Organization (WHO) standards. In addition, they will allow EU citizens to co-determine how to reduce smog. The new regulations will also ensure that people who have lost their health due to polluted air can seek compensation.
In recent years, rising air pollution, especially smog, has become a serious health challenge on a global scale. Air pollutants, such as PM2.5 and PM10 particulate matter, nitrogen oxides and sulfur dioxide, have a serious impact on our health, leading to many diseases and increasing the risk of fatal conditions. In response to this situation, many countries are introducing new air quality standards to protect public health and prevent the negative effects of smog. With the revised directive, the annual limit value for fine particulate matter PM2.5 will be reduced by more than half. This should happen by 2030, but member countries will be able to request a postponement.
New air quality standards are a key part of the strategy to combat smog. The adoption of stricter standards for industrial emissions, transportation or the energy sector is aimed at reducing the amount of harmful substances entering the atmosphere. These standards include limits on emissions of various gases, as well as requirements for the use of greener technologies in manufacturing and transportation.
Awareness of the negative impact of smog on public health has made air quality standards a priority for ruling elites virtually around the world. Scientific studies show a clear link between long-term exposure to polluted air and an increase in respiratory and cardiovascular diseases and cancer. The introduction of stricter standards is aimed at reducing these negative effects and protecting the health of the planet's population.
What changes await us?
Stricter air quality standards. The new regulations will introduce stricter EU air quality standards for 2030 in the form of limit and target values, more closely aligned with WHO guidelines and regularly reviewed. The revised directive covers a number of pollutants, including fine dust and particulate matter (denoted by the symbols PM2.5 and PM10), nitrogen dioxide (NO2), sulfur dioxide (SO2), benzo[a]pyrene, arsenic, lead and nickel, and others. It sets specific standards for each of these substances. For example, annual limit values for the pollutants with the greatest documented impact on human health - PM2.5 and NO2 - will be lowered from 25 µg/m³ to 10 µg/m³ and from 40 µg/m³ to 20 µg/m³.
The preliminary agreement stipulates that until January 31, 2029, member states can request (only in exceptional situations and under strict conditions) a postponement of the deadline for achieving air quality limits:
- by January 1, 2040 at the latest, for areas where compliance with the directive by the original deadline would be impracticable due to special climatic and orographic conditions, or where the necessary reductions can only be made by significantly affecting existing domestic heating systems - by January 1, 2035 at the latest (with the possibility of extension for two more years), if forecasts indicate that the permissible values cannot be achieved by the original deadline. In order to request a postponement, member states will have to include air quality forecasts in their air quality action plans (due by 2028). In them, they are to demonstrate that any exceedances of the standards will be short-term, and that the newly established, limit values will be reached by the end of the deferral period at the latest. During this period, member states will also have to regularly update their action plans and report on their implementation.
Action plans, protection plans and short-term action plans. Where a limit or target value is exceeded, or where there is a specific risk of exceeding alert or information thresholds for certain pollutants, member states are required to develop: - an air quality action plan ahead of schedule if, between 2026 and 2029, pollutant levels exceed a limit value or target value to be achieved by 2030. - air quality plans for areas where pollution levels exceed the Directive's limit and target values after the deadline - short-term action plans providing for emergency measures (e.g., restriction of vehicle traffic, suspension of construction work) to reduce the immediate risk to human health in areas where alert thresholds will be exceeded. There are also more lenient requirements for the development of air protection plans and short-term action plans if the potential for reducing emissions of certain pollutants is significantly limited due to local geographic and meteorological conditions.
Review clause. The tentatively agreed text requires the European Commission to review the air quality standards by 2030 and do so every five years thereafter, to assess the feasibility of complying with current WHO guidelines and the latest scientific evidence. The Commission should then also evaluate other provisions of the directive, including those on deferral and transboundary pollution. After verification, the Commission should make proposals to amend the air quality standards, to include new pollutants, or to propose further action at the EU level.
Access to justice and right to compensation. The proposed directive includes provisions to ensure access to justice for parties who have sufficient interest and wish to challenge the implementation of the act, such as public health and environmental NGOs. All administrative and judicial review procedures should be impartial, timely and non-discriminatory in terms of cost, and practical information about them should be publicly available.
Under the new rules, member states will have to ensure that citizens will have the right to seek and obtain compensation when national laws transposing certain provisions of the directive are intentionally or negligently violated and they suffer injury as a result. The amended provisions also clarify and expand the requirement on member states to establish effective, proportionate and dissuasive penalties for those who violate measures adopted to implement the directive. Depending on the case, these penalties will have to take into account how serious the violation is, how long it lasts, whether it is repetitive and on whom and what environment it affects, as well as the real or estimated economic benefits of the violation.
What's next?
The preliminary agreement will be forwarded to member state representatives in the Council and the Environment Committee in the European Parliament for approval. The approved regulations must be formally adopted - after legal and linguistic verification - by both institutions. They will then be published in the Official Journal of the EU and enter into force. Once the directive enters into force, member states will have two years to transpose it into national law.
Summary
The new air quality standards are a step toward a healthier future for all of us. Awareness of the negative impact of smog on human health is prompting those in power to take action to protect the environment and public health. Investment in innovative technologies, international cooperation and education of the public are key elements in the successful fight against smog. Only through integrated action can we guarantee clean air for current and future generations.