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Air Quality Issues In The Netherlands

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Information about Air Quality Issues In The Netherlands

Published on February 2, 2009

Author: cornelis53

Source: slideshare.net

Description

Presentation held for the delegation of Belgium, United Kingdom and the Netherlands at the Dutch Ambassy in Londen at the 29th of January 2009
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Air Quality Issues in the Netherlands Problems and Sollutions

Content EC Directives (nineties) Implementation (2001) Implementation (2005) Dutch case law ECJ case law (Janecek) EC Directive (2008) ECJ case law (Janecek) Implementation (2007-2009)

EC Directives (nineties)

Implementation (2001)

Implementation (2005)

Dutch case law

ECJ case law (Janecek)

EC Directive (2008)

ECJ case law (Janecek)

Implementation (2007-2009)

EC Directives (nineties) Framework Directive: on ambient air quality assessment and management (96/62/EC) (27 September 1996) 3 directives and 1 Council Decision Critical limit values for the Netherlands Particulate matter (PM 10 ) 40 µg/m 3 as of 1/1/2005 Particulate matter (PM 10 ) 35 exceedances of dayly average of 50 µg/m 3 as of 1/1/2005 Nitrogen Dioxide (NO 2 ) 40 µg/m 3 as of 1/1/2010

Framework Directive: on ambient air quality assessment and management (96/62/EC) (27 September 1996)

3 directives and 1 Council Decision

Critical limit values for the Netherlands

Particulate matter (PM 10 ) 40 µg/m 3 as of 1/1/2005

Particulate matter (PM 10 ) 35 exceedances of dayly average of 50 µg/m 3 as of 1/1/2005

Nitrogen Dioxide (NO 2 ) 40 µg/m 3 as of 1/1/2010

Implementation (2001) Air Quality Decree Dutch legal system; linking when making decisions, planning authority must take air quality standards into account, even if the planned development does not, per se, have any impact in this area. Use of compentences -> respect limit values Not only environmental licences, but also with spatial plans (roads, houses) Air quality plans PM 10 : central government NO 2 : local government Especially exceedance of limit values PM 10 and NO 2 In short, a lot of blockage for decision-making

Dutch legal system; linking

when making decisions, planning authority must take air quality standards into account, even if the planned development does not, per se, have any impact in this area.

Use of compentences -> respect limit values

Not only environmental licences, but also with spatial plans (roads, houses)

Air quality plans

PM 10 : central government

NO 2 : local government

Especially exceedance of limit values PM 10 and NO 2

In short, a lot of blockage for decision-making

Implementation (2005) Air Quality Decree 2005 In search for more air “ Balance” approach: allow a project that, on the whole, will improve the situation, despite the fact that it will also make things a little worse in some respects Deduction of natural sources

In search for more air

“ Balance” approach:

allow a project that, on the whole, will improve the situation, despite the fact that it will also make things a little worse in some respects

Deduction of natural sources

Dutch case law In general: descisions were insufficiently substantiated or had not been prepared with the due procedural care A larger airport attracts more traffic Negligible contribution (0,02-0,1 µg/m 3 ) All “significant effects”: Total area Sum of people who are exposed Concentrations in the air

In general: descisions were insufficiently substantiated or had not been prepared with the due procedural care

A larger airport attracts more traffic

Negligible contribution (0,02-0,1 µg/m 3 )

All “significant effects”:

Total area

Sum of people who are exposed

Concentrations in the air

ECJ case law (Janecek) (I) Air quality plan where there is the risk of the limit values and/or alert thresholds being exceeded Also an individual can require the competent national authorities to draw up an action plan Measures to reduce to a minimum the risk that limit values may be exceeded and to ensure a gradual return to a level below those values

Air quality plan where there is the risk of the limit values and/or alert thresholds being exceeded

Also an individual can require the competent national authorities to draw up an action plan

Measures to reduce to a minimum the risk that limit values may be exceeded and to ensure a gradual return to a level below those values

ECJ case law (Janecek) (II) But… Freedom regarding the content of the air quality plan taking into account the factual circumstances and all opposing interests Exceedences are allowed

But…

Freedom regarding the content of the air quality plan

taking into account the factual circumstances and all opposing interests

Exceedences are allowed

EC Directive (2008) (I) Directive 2008/50/EC on ambient air quality and cleaner air for Europe Ultimate implementation June 11th 2010 Replacement of old directives The latest health and scientific developments and the experience of the Member States, clarity and simplification Dutch goals: realistic values, European source policy, flexibility

Directive 2008/50/EC on ambient air quality and cleaner air for Europe

Ultimate implementation June 11th 2010

Replacement of old directives

The latest health and scientific developments and the experience of the Member States, clarity and simplification

Dutch goals: realistic values, European source policy, flexibility

EC Directive (2008) (II) Same limit values for PM10 and NO2 and system of plans But…. Postponement and exemption to apply PM 10 : June 11th 2011 NO 2 : January 1st 2015 Maximum margin of tolerance Sampling points no more than 10 m form kerbside

Same limit values for PM10 and NO2 and system of plans

But….

Postponement and exemption to apply

PM 10 : June 11th 2011

NO 2 : January 1st 2015

Maximum margin of tolerance

Sampling points no more than 10 m form kerbside

EC Directive (2008) (III) Principle of non-compliance at specific locations and locations at which people are not exposed for a significant period New value: particulate matter (PM 2,5 ) Target value: 25 µg/m 3 at 1/1/2010 Limit value: 25 µg/m 3 at 1/1/2015 Exposure concentration obligation: 20 µg/m 3 at 1/1/2015 National exposure reduction target: percentage of 3. Review 2013 PM 2,5 European source policy

Principle of non-compliance at specific locations and locations at which people are not exposed for a significant period

New value: particulate matter (PM 2,5 )

Target value: 25 µg/m 3 at 1/1/2010

Limit value: 25 µg/m 3 at 1/1/2015

Exposure concentration obligation: 20 µg/m 3 at 1/1/2015

National exposure reduction target: percentage of 3.

Review 2013

PM 2,5

European source policy

ECJ case law (Janecek) (III) Relevance of Janecek under new directive? It’s the old directive, no postponement or exemption to apply Different position of the European Commission?

Relevance of Janecek under new directive?

It’s the old directive, no postponement or exemption to apply

Different position of the European Commission?

Implementation (2007-2009) (I) Environmental Management Act Still in search for more air Continue “balance” approach National Air Quality Cooperation Programme (NSL); flexible linking Spatial projects and decisions that make a non “significant” contribution to air pollution ‘ significant’: a project increases concentrations of ambient air pollutants by more than 3% of the annual average limit value for PM 10 and NO 2 (1,2 μg/m 3 )

Still in search for more air

Continue “balance” approach

National Air Quality Cooperation Programme (NSL); flexible linking

Spatial projects and decisions that make a non “significant” contribution to air pollution

‘ significant’: a project increases concentrations of ambient air pollutants by more than 3% of the annual average limit value for PM 10 and NO 2 (1,2 μg/m 3 )

Implementation (2007-2009) (II) Environmental Management Act Specific set of compentences Governmental decree on buildings for more vulnerable people Early implementation of annex III (use of CAFE Working Group) De-linking target values and ECO-norm

Specific set of compentences

Governmental decree on buildings for more vulnerable people

Early implementation of annex III (use of CAFE Working Group)

De-linking target values and ECO-norm

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