The 1996 Air Quality Framework Directive has set limit values for various pollutants in ambient air, including for PM10 which should have been met since 2005. The new Council Directive on ambient air quality which entered into force in June 2008 provides for the possibility of limited time extensions for compliance for PM10 which can run until 10 June 2011. Member States are, therefore, allowed to request limited extra time to meet the PM10 standard but under certain conditions.
Hence, time extensions may only be granted for zones that satisfy the conditions laid down in the directive. The Member States when submit time extension notification to the Commission must demonstrate that all appropriate measures have been taken at national, regional and local level to meet the required limit values in 2005 and that these could not be achieved because of external factors such as site-specific dispersion characteristics, adverse climatic conditions or transboundary contributions. Member States are also required to show, through the establishment of an air quality plan for each zone, how compliance with the limit values will be achieved by June 2011 and put forward appropriate measures so that the "exceedences period" can be kept as short as possible.
If there are no objections, within nine months of receipt of an official and complete notification, the Commission will issue a decision confirming the details where extra time to meet the limit value has been agreed. If the Commission raises any objections a Member State may be required to adjust or provide new air quality plan but a shorter extension period could be granted.
Nevertheless, during the extension period Member States must ensure that the limit value is not exceeded by more than the maximum margin of tolerance specified in the Directive. Moreover, Member States must fully comply with the limit values outside the zones or agglomerations covered by the exemption decision.
In January 2009, the Commission has started infringement proceedings, sending first warning letters to 10 Member States, including the UK, that have not yet achieved compliance with the PM10 limit values and have failed to submit notifications requesting extra time to meet the standards in all air quality zones where the PM10 limit values are being exceeded.
In the meantime, the UK submitted to the Commission the application for an extension. The UK notification covered 8 zones: Greater London Urban Area, West Midlands Urban Area, West Yorkshire Urban Area, Glasgow Urban Area, Brighton/Worthing/Littlehampton, Swansea Urban Area, Eastern England zone and Yorkshire and Humberside zone. The last Government was convinced that the limit values in those zones will be met by 2011.
According to the Commission the exemption is not justified as seven out of the eight zones already complied with the limit values. However, for the Greater London Urban Area, the UK had not shown that compliance with the daily PM10 limit value would be achieved by 2011.
The UK has recently sent another request for extra time for Greater London, which the Commission is still assessing. Nevertheless, on the 3 June, the Commission has addressed a "Reasoned Opinion” to the UK for breaching EU air quality standards. This is a “final warning” for the UK to comply with EU air quality standards for dangerous airborne particles, the PM10. The Commission pointed out that Greater London Urban Area and Gibraltar, have exceeded the limits for PM10. Then, if the UK fails to comply with the Reasoned Opinion, the Commission may decide to bring the case before the Court of Justice which may impose financial penalties.
According to the Daily Telegraph “The UK could be fined £300 million, which the Local Government Association said will add £15 to the average annual council tax bill.” A spokesman from Department for the Environment said: “As the Commission is currently assessing the UK’s request for additional time to meet the limit value in London, and has nine months to do so, it is difficult to see what further action the Commission expects the UK to take.”
