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Nitrogen dioxide directive adopted
Environmental Policy and Law, 14/2/3 (1985)
55
REGIONAL ACTIVITIES EC European Council The European Council met in Brussels on 29-30 March. In accordance •with its decision taken in Dublin in December 1984, it devoted part of its meeting to the serious problems raised by the considerable deterioration of the environment and to the question of the remedial measures to be taken. In this connection, the Council noted with satisfaction the useful work done by the Environment Council in the field of combating air pollution caused by exhaust gases from motor vehicles. It noted that this progress is an important stage in the achievement, on a Corn-
munity scale, of a genuine overalt and balanced environmental protection policy and expressed the desire, firstly, that this work take practical form as soon as possible and secondly, that similar progress be made regarding pollution caused by large-scale combustion plants. The European Council considers that a Community environmental protection policy must be based on the following considerations: " - - Having acknowledged that this policy can contribute to improved economic growth and jobcreation, it affirms its determination to give the policy the dimension of an essential component of the economic, industrial, agricultural and social policies implemented by the Community and by its Member
Nitrogen Dioxide Directive Adopted On March 7, the Council adopted a directive on air quality standards for nitrogen dioxide 1, a matter which has been accorded priority in all three of the Community's programmes on the environment. Progress has been hampered by the relative paucity of scientific data, which finally defeated attempts to establish specific standards for the environment as a whole. The Directive, therefore, sets out to establish a "limit value" for nitrogen dioxide which will protect human health, thus protecting the rest of the environment as a by-product. Beginning in July 1986, Member States will be obliged to make sure that the concentrations of nitrogen dioxide in the atmosphere do not exceed the limit specified in the DirectiveL In addition to the traditional provision enabling Member States to adopt
national measures stricter than those set out in the Directive, there is also provision encouraging Member States to fix lower values in areas where it is foreseeable that pollution by nitrogen dioxide will increase as a result of urban or industrial development. Further, provision is made for Member States to establish areas of special protection, and within these zones a Member State may set values even lower than those contained in a technical annex to the Directive containing "guide values" for the use of Member States when seeking "reference points" for the establishment of differing zones of protection ~. Where limit values are to be fixed for such special areas which happen to be located near frontiers, the other Member States in question must be consulted. If
States. It acknowledges the need for the Member States to take coherent action in the Community framework to protect the air, the sea and the soil, since isolated action is unlikely to prove effective and may even be harmful. It requests the Council to expedite its proceedings and to make every effort, together wit'h the Commission, to ensure that the years to come are marked by significant progress in Community action for the protection of the environment in Europe and throughout the world". In this connection, the European Council has decided that 1987 will be designated "European Environment Year." []
such consultation has taken place and a Member State alleges that its failure to achieve the standards which it has set itself arises out of transfrontier pollution from the other Member State which has been consulted, a mandatory consultation procedure is activated with a view to resolving the difficulty4. The Directive imposes monitoring requirements upon Member States s, specifying that particular attention should be paid to areas surrounding roads carrying hesvy traffic, especially the so-called "canyon stree s" familiar in some European cities. Malcolm J. Forster I Council Directive 8512031EEC. OJ No L 87, 27.3.1985. P.I, 2 Art. 3 and Annex 1. Member States may notify.' the Commission of zones in which these standards v..in not be attainable, in such cases, the state must submit proposals for achieving the values set out in the Directive by 1994 at the |alt~t - - Art. 3(2). J Arts. 2 & 4, and Annex I1. The Usual more stringent measures provision is round in Art. 5. 4 Art. 1I. 5 Art. 6 and Annex I11. Note that Ihe monitoring stations may also measure concentrations of nitric oxide.
0378-777X/85/$3.30 © 1985 Elsevier Science Publishers B.V. (North-Holland)
55
REGIONAL ACTIVITIES EC European Council The European Council met in Brussels on 29-30 March. In accordance •with its decision taken in Dublin in December 1984, it devoted part of its meeting to the serious problems raised by the considerable deterioration of the environment and to the question of the remedial measures to be taken. In this connection, the Council noted with satisfaction the useful work done by the Environment Council in the field of combating air pollution caused by exhaust gases from motor vehicles. It noted that this progress is an important stage in the achievement, on a Corn-
munity scale, of a genuine overalt and balanced environmental protection policy and expressed the desire, firstly, that this work take practical form as soon as possible and secondly, that similar progress be made regarding pollution caused by large-scale combustion plants. The European Council considers that a Community environmental protection policy must be based on the following considerations: " - - Having acknowledged that this policy can contribute to improved economic growth and jobcreation, it affirms its determination to give the policy the dimension of an essential component of the economic, industrial, agricultural and social policies implemented by the Community and by its Member
Nitrogen Dioxide Directive Adopted On March 7, the Council adopted a directive on air quality standards for nitrogen dioxide 1, a matter which has been accorded priority in all three of the Community's programmes on the environment. Progress has been hampered by the relative paucity of scientific data, which finally defeated attempts to establish specific standards for the environment as a whole. The Directive, therefore, sets out to establish a "limit value" for nitrogen dioxide which will protect human health, thus protecting the rest of the environment as a by-product. Beginning in July 1986, Member States will be obliged to make sure that the concentrations of nitrogen dioxide in the atmosphere do not exceed the limit specified in the DirectiveL In addition to the traditional provision enabling Member States to adopt
national measures stricter than those set out in the Directive, there is also provision encouraging Member States to fix lower values in areas where it is foreseeable that pollution by nitrogen dioxide will increase as a result of urban or industrial development. Further, provision is made for Member States to establish areas of special protection, and within these zones a Member State may set values even lower than those contained in a technical annex to the Directive containing "guide values" for the use of Member States when seeking "reference points" for the establishment of differing zones of protection ~. Where limit values are to be fixed for such special areas which happen to be located near frontiers, the other Member States in question must be consulted. If
States. It acknowledges the need for the Member States to take coherent action in the Community framework to protect the air, the sea and the soil, since isolated action is unlikely to prove effective and may even be harmful. It requests the Council to expedite its proceedings and to make every effort, together wit'h the Commission, to ensure that the years to come are marked by significant progress in Community action for the protection of the environment in Europe and throughout the world". In this connection, the European Council has decided that 1987 will be designated "European Environment Year." []
such consultation has taken place and a Member State alleges that its failure to achieve the standards which it has set itself arises out of transfrontier pollution from the other Member State which has been consulted, a mandatory consultation procedure is activated with a view to resolving the difficulty4. The Directive imposes monitoring requirements upon Member States s, specifying that particular attention should be paid to areas surrounding roads carrying hesvy traffic, especially the so-called "canyon stree s" familiar in some European cities. Malcolm J. Forster I Council Directive 8512031EEC. OJ No L 87, 27.3.1985. P.I, 2 Art. 3 and Annex 1. Member States may notify.' the Commission of zones in which these standards v..in not be attainable, in such cases, the state must submit proposals for achieving the values set out in the Directive by 1994 at the |alt~t - - Art. 3(2). J Arts. 2 & 4, and Annex I1. The Usual more stringent measures provision is round in Art. 5. 4 Art. 1I. 5 Art. 6 and Annex I11. Note that Ihe monitoring stations may also measure concentrations of nitric oxide.
0378-777X/85/$3.30 © 1985 Elsevier Science Publishers B.V. (North-Holland)