Select Committee on European Scrutiny Tenth Report


8 Thematic study on air pollution

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12735/05

COM(05) 446

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Commission Communication: Thematic Strategy on Air Pollution


Commission Staff Working Paper: Annex to the Commission Communication "Thematic Strategy on Air Pollution"

Commission Staff Working Paper: Annex to the Commission Communication "Thematic Strategy on Air Pollution" and the Directive on Ambient Air Quality and Cleaner Air for Europe - Impact Assessment

Legal base
Document originated21 September 2005
Deposited in Parliament10 October 2005
DepartmentEnvironment, Food and Rural Affairs
Basis of considerationEM of 28 October 2005
Previous Committee ReportNone
To be discussed in CouncilNo date set
Committee's assessmentPolitically important
Committee's decisionNot cleared; further information awaited

Background

8.1 According to the Commission, the need for cleaner air has been recognised for many years, with action having been taken at both national and Community levels, as well as through active participation in international conventions, such as that on Long-range Transboundary Air Pollution (CLRTAP). In particular, the Community has focused on establishing minimum quality standards for ambient air and tackling the problems of acid rain and ground level ozone, but it has also sought to reduce emissions from large combustion plant and mobile sources; to improve fuel quality; and to integrate environmental protection requirements into the transport and energy sectors.

8.2 However, the Commission says that, despite significant improvements, serious air pollution persists, leading the Community's Sixth Environmental Action Programme (EAP) to call for the development of a thematic strategy on air pollution, in order to avoid significant risks to human health and the environment. It has now examined whether current legislation is sufficient to achieve these objectives by 2020, and has concluded that significant problems will persist even with effective implementation of current legislation. It has therefore sought in this document to outline a strategy on air pollution, establishing interim objectives and proposing appropriate measures for achieving them.

The current document

THE NATURE AND SCALE OF THE PROBLEM

8.3 The Commission describes air pollution as both a local and a trans-boundary problem, with ground level ozone and particulate matter ("fine dust") being of most concern to health,[17] whilst environmental damage arises from the deposition of acidifying substances;[18] from excess nutrient nitrogen, which can leach into freshwaters and lead to eutrophication;[19] and from ground level ozone, which causes damage to agricultural crops, forests and plants, as well as to buildings. In particular, it highlights both the reductions in life expectancy, and increases in conditions such as cardiovascular disease and asthma, which will occur if no further action is taken, and it suggests that, in monetary terms, the damage to human health alone would be in the range €189-609 billion per annum in 2020. It therefore concludes that taking no further action is not an option.

8.4 However, the Commission points out that, whilst achieving the environmental objectives in the EAP requires that so-called critical loads and levels are not exceeded, there is no known safe level of exposure of humans to certain pollutants. It has therefore considered a range of scenarios, and has concluded that even the application of all technically feasible measures would not meet the EAP objectives. In view of this, it says that a policy choice has to be made about the level of protection which can be achieved by 2020, taking into account the benefits and costs, and it suggests setting health and environmental objectives and emission reduction targets for the main pollutants, with the aim of reducing concentrations of particulate matter to 75% of what is technically feasible by 2020, with a corresponding figure of 60% for ground level ozone. In addition, the threat to the natural environment from both acidification and eutrophication would be reduced by 55% from what is technically possible.

8.5 The Commission says that, to achieve these objectives, emissions of sulphur dioxide would need to decrease by 82%, those of nitrogen oxide by 60%, those of volatile organic compounds by 51%, those of ammonia by 27%, and those of primary particulate matter by 59% compared with emissions in 2000. However, it suggests that a large part of these reductions could be delivered by measures already implemented by the Member States. It also claims that this would result in health benefits of at least €42 billion per annum, and that the environmental benefits — though unquantifiable — would also be significant, whilst the estimated costs would be approximately €7.1 billion per annum (representing about 0.05% of the GDP of the enlarged Community in 2020).

IMPLEMENTATION OF THE STRATEGY

8.6 The Commission says that, in order to attain these strategic objectives, current air quality legislation will need to be simplified and other legislation revised where appropriate.

Improving existing environmental legislation

8.7 It proposes that the Air Quality Framework Directive[20] should be combined with the first three "daughter" directives adopted under it, covering respectively sulphur dioxide, nitrogen dioxide, oxides of nitrogen, particulate matter and lead,[21] benzene and carbon monoxide,[22] and ozone,[23] whilst the recently adopted Fourth Daughter Directive[24] dealing with arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons will be merged later through a simplified "codification" process. The Commission also says that air quality limit values set by these Directives currently apply throughout the territory of the Member States, whereas experience has shown that there are zones suffering from exceptional problems. Therefore, it proposes to allow Member States to request an extension to the deadline for compliance in affected zones if strict criteria are met and plans are in place to move towards compliance. It is also proposing to replace the present system of monitoring and reporting by Member States with a system of electronic reporting based on a shared information system using the INSPIRE framework.

8.8 Other measures proposed include the control of exposure to particulate matter, with a cap of 25 µg/m3 on the more hazardous fine particles below 2.5µg in diameter. This would be combined with more comprehensive monitoring of ambient levels of such particles in urban areas, and it is proposed that all Member States should achieve a uniform interim reduction target of 20% between 2010 and 2020, with that target being reviewed when more information is available. The Commission will also review the National Emissions Ceilings Directive in 2006, and will propose revisions based upon this Strategy.

Coherence with other environment policies

8.9 The Commission says that the proposed strategy is consistent with climate change policies and will help meet commitments to halt the loss of biodiversity and support its longer-term recovery. It will also deliver progress towards the objectives of the Community's mercury strategy by reducing combustion-related emissions, the Water Framework Directive, and the forthcoming thematic strategy on the marine environment. Likewise, the monitoring of soil, water quality and biodiversity will feed into the evaluation of air pollution policies since these are all affected by acidification and nutrient nitrogen. Similarly, air quality monitoring and reporting will support the Health & Environment Action Plan.

8.10 The Commission says that meeting the targets set out in the Strategy will also require air quality concerns to be integrated into other policy areas. These include:

  • Energy
    • The Commission says that more efficient use of energy and better use of natural resources can help to reduce harmful emissions, and it recalls that the Community has indicative targets for the production of energy and electricity from renewable energy sources by 2010, as well as for the increased uptake of biofuels. In addition, action has been taken to curb demand (including energy labelling, energy performance of buildings, a Directive on cogeneration, and a Directive related to eco-design requirements for energy-using products), whilst a recent Green Paper on energy efficiency explores ways to make further progress in this area.[25]
  • Smaller combustion plants
    • Whilst the Commission describes such plants as an increasingly important emissions source, it notes that they are not regulated at Community level. It says that it will examine whether the Integrated Pollution Prevention and Control (IPPC) Directive should be expanded to cover sources below 50 MWth (megawatt thermal) and that harmonised technical standards will also be developed for domestic combustion appliances and their fuels. If feasible, smaller residential and commercial buildings could be included in an extended directive on energy efficiency.
  • Emissions of volatile organic compounds (VOC) at fuel stations
    • Given the role of volatile organic compounds in the formation of ground level ozone, the Commission says that it will examine the scope to reduce further emissions at petrol filling stations.
  • Transport
    • In keeping with the commitments made in its White Paper on a Common Transport Policy,[26] the Commission says that it will further encourage shifts towards less polluting methods of transport, alternative fuels, reduced congestion and the incorporation of externalities into transport costs. It points out that it has already made proposals regarding charges for the use of road infrastructure applicable to heavy vehicles (Eurovignette), and says that a common framework for all methods will be examined in due course. Other possible measures include:
    • The revitalisation and integration of European railway systems, the promotion of intermodal freight transport via the "Marco Polo" programme, and improvements in transport efficiency through the European satellite radio navigation programme GALILEO.
    • Reductions in emissions from new passenger cars and vans, together with a further tightening of those from heavy duty vehicles, and an investigation into the feasibility of improving the type approval process.
    • Consideration of practical guidelines for differentiated charging according to air pollution damage and impacts in environmentally sensitive areas; obligations on public authorities to implement minimum annual procurement quotas of new cleaner and energy efficient vehicles; and the establishment of a common framework for designating low-emission zones.
    • Targeted retrofitting and scrapping schemes for older road vehicles causing disproportionate levels of pollution.
    • Exploring, in the context of the thematic strategy on the urban environment, how best to help Member States and local authorities devise and implement sustainable urban transport plans which ensure that transport makes a fair contribution to the achievement of air quality, noise and climate change objectives.
    • Consideration, in connection with the recent Communication[27] on the use of economic instruments to reduce the climate change impact of aircraft, of measures with potential synergies between climate change and air quality.
    • The submission of a recommendation for a Council Decision authorising the Commission to strengthen current standards for emissions of sulphur dioxide and nitrogen oxides from ships within the framework of the IMO, with consideration also being given to a proposal for tighter standards for nitrogen oxides by the end of 2006, if the IMO has not made any such proposals by then.
  • Agriculture
    • The Commission notes that agriculture accounts for the vast proportion of ammonia emissions, but that recent reforms[28] of the Common Agricultural Policy should bring about a reduction in these. Further improvements are also expected to result from an effective implementation of measures such as the Nitrates Directive, the IPPC Directive, the Environmental Impact Assessment Directive and the Water Framework Directive.
    • However, it suggests that these improvements could be insufficient, and it says that it intends to pursue an integrated approach to nitrogen management, with priority being attached to measures which reduce "excessive" nitrogen use in agriculture and which simultaneously address nitrates in water, and ammonia and nitrous oxide emissions to air. In addition, Member States will have to prepare plans to demonstrate how they will meet the new ceilings for emissions set by the National Emissions Ceilings Directive, whilst proposals for rural development for 2007-2013 provide opportunities to tackle ammonia emissions from agricultural sources. Also, Member States' agri-environment schemes can go beyond environmental legislative obligations and minimum requirements for fertiliser use identified in rural development programmes.
  • Structural Funds
    • The Commission observes that the Structural Funds are co-financing many measures in the Member States and regions which contribute to improved air quality, and that its proposals for the reform of cohesion policy for 2007-2013 will help meet the objectives of this Strategy, for example by support for sustainable transport systems, sustainable and cleaner energy supplies, and the rehabilitation and reuse of derelict land. In addition, environmental protection is included in the three proposed Objectives of Convergence, Competitiveness and Employment and Territorial Co-operation.
  • International dimension
    • The Commission says that, as the regional and global background contribution to European air pollution is growing, the Community must work on building an international consensus around the importance of hemispheric pollution. It says that it will lead, jointly with the USA, a new task force on hemispheric air pollution within the CLRTAP, and that it is also stepping up its cooperation with China on air pollution.

8.11 Finally, the Commission proposes that the Strategy should be reviewed in 2010, thus feeding into the final evaluation of the Sixth EAP, and that ongoing assessment of policies should continue. It also says that more research will be required in the coming years on emission sources, atmospheric chemistry and pollutant dispersion, and on the effects of air pollution on health and the environment. There is also a need to improve the monetary evaluation of ecosystem impacts and to implement the analysis of costs and effectiveness of measures in place.

The Government's view

8.12 In his Explanatory Memorandum of 28 October 2005, the Minister for Local Environment, Marine and Animal Welfare at the Department for Environment, Food and Rural Affairs (Mr Ben Bradshaw) says that the UK welcomes the publication of this strategy and the accompanying impact assessment, regarding the improvement of air quality and the reduction of detrimental effects on human health and the environment as an issue of central importance. In particular, he says that the Government is pleased to see that the Commission has undertaken a thorough impact assessment, which it regards as a key part of the better regulation agenda. He adds that the Government is preparing its own Assessment of the impact of the proposed measures in the UK, and that it expects to submit this by the end of 2005. It also points out that the Communication itself will result in neither costs nor benefits because it has no legislative effect, but that the costs of any such measures which the Commission subsequently brought forward would have to be justified, including as regards any impact they might have on competitiveness.

Conclusion

8.13 We note that the Government will be producing a Regulatory Impact Assessment, and we propose to await this before taking a view on this Communication, given both the extraordinarily high level, and large spread, of the Commission's estimates of the health costs of the levels of pollution currently expected in 2020. In the meantime, we think it right to draw this wide-ranging document to the attention of the House.


17   Ozone is not emitted directly, but is formed through the reaction of volatile organic compounds (VOCs) and nitrogen oxides (NOx) in the presence of sunlight. Particulate matter can be emitted directly to the air (so called primary particles) or be formed in the atmosphere as "secondary particles" from gases such as sulphur dioxide (SO2), nitrogen oxides and ammonia (NH3). Back

18   Nitrogen oxides, sulphur dioxide and ammonia. Back

19   Euthrophication is an increase in plant life leading to a shortage of oxygen. Back

20   Directive 96/62/EC OJ L 296, 21.11.1996, p.55. Back

21   Directive 1999/30/EC OJ L 163, 29.6.1999, p.41. Back

22   Directive 2000/69/EC OJ L 313, 13.12.2000, p.12. Back

23   Directive 2002/3/EC OJ L 67, 9.3.2002, p.14. Back

24   Directive 2004/107/EC OJ L 23, 26.1.2005, p.3. Back

25   (26683) 10368/05: see HC 34-vii (2005-06), para 1 (26 October 2005). Back

26   (22660) 11932/01: see HC 152-xv (2001-02), para 2 (30 January 2002). Stg Co Deb, European Standing Committee A (13 March 2002). Back

27   (26885) 12790/05: see HC 34-viii (2005-06), para 1 (2 November 2005). Back

28   For example, the removal an obligation to retain specific animal numbers in order to receive support; the removal of incentives towards intensification; and the introduction of obligatory cross compliance. Back


 
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