The Law Library of Congress, Global Legal Research Center 

(202) 707-5080 (phone) • (866) 550-0442 (fax) • law@loc.gov • http://www.law.gov

Regulation of Air Pollution

Australia • Brazil • Canada • China • European Union

France • Israel • Japan • South Africa

Switzerland • United Kingdom

June 2018
This report is provided for reference purposes only. 

It does not constitute legal advice and does not represent the official 

opinion of the United States Government. The information provided 

reflects research undertaken as of the date of writing. 

It has not been updated.
Contents

Introduction ......................................................................................................................................1 

European Union ...............................................................................................................................2

Australia .........................................................................................................................................16 

Brazil ..............................................................................................................................................34 

Canada............................................................................................................................................45 

China ..............................................................................................................................................56 

France .............................................................................................................................................67 

Israel ...............................................................................................................................................81 

Japan .............................................................................................................................................95 

South Africa .................................................................................................................................111 

Switzerland ..................................................................................................................................122 

United Kingdom...........................................................................................................................135
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Introduction

Luis Acosta

Chief, Foreign, Comparative, and International Law Division II

This report by the foreign law research staff of the Law Library of Congress’s Global Legal 

Research Directorate includes surveys of eleven jurisdictions on the regulation of air pollution. 

The covered jurisdictions include one supranational entity, the European Union, and a diverse 

array of countries, including some with common-law legal systems (Australia, Canada, and the 

United Kingdom), some civil-law countries (Brazil, China, France, Israel, Japan, and Switzerland), 

and one with a mixed legal system (South Africa). Some of the countries are unitary in nature, 

while others have federated governments. The report details the regimes these diverse jurisdictions 

have developed in recent decades to regulate air pollution. 

The country surveys cover each jurisdiction’s regulation of both stationary and mobile sources of 

air pollution, and of pollutants including sulfur oxides, nitrogen oxides, carbon monoxide, ozone, 

particulate matter, and hazardous air pollutants. Fuel quality standards, renewable fuel 

requirements, and vehicle emissions standards are covered, as are strategies for meeting 

international requirements to address climate change. 
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European Union 

Jenny Gesley 

Foreign Law Specialist

SUMMARY The European Union (EU) aims to protect, conserve, and enhance its natural capital; turn 

itself into a resource-efficient, green, and competitive low-carbon economy; and safeguard 

the EU’s citizens from environment-related pressures and risks to health and wellbeing by 

2020. In furtherance of these goals, it has introduced a variety of legislative measures to 

fight air pollution and improve air quality. The EU itself and its Member States have ratified 

the relevant international agreements on the topic. These international commitments were 

enacted into EU legislation. The legislation sets ambient air quality limits and target values 

for air quality, implements emission mitigation controls, sets caps on Member States’ total 

annual emissions of certain pollutants, sets vehicle emission standards to reduce greenhouse 

gas (GHG) emissions from transport, sets fuel quality standards, encourages the use of 

renewable fuels, establishes an emission trading scheme (ETS), sets annual national GHG 

emission limits for sectors not covered by the ETS, and limits industrial pollution, among 

other measures. 

I. General Introduction 

The European Union (EU) prides itself on having some of the highest environmental standards in 

the world.1 In 2015, the EU’s total greenhouse gas emissions (GHG) were 22% lower compared 

with 1990 levels, with emission levels varying among the individual Member States.2 In order to 

lower its carbon footprint further, the EU has set the objective of becoming a “smart, sustainable 

and inclusive economy” by 2020 with policies and actions aimed at making it “more resourceefficient, greener, and more competitive.”3

 Resource efficiency is understood as a low carbon 

economy, with an increased use of renewable energy, a modernized transport sector, and energy 

efficiency.4 The latest policy goals for EU environmental law through 2020 can be found in the 

7th Environment Action Programme (EAP).5 The EAP sets out several key objectives: 

 

1 Environment, EUROPEAN UNION, https://europa.eu/european-union/topics/environment_en (last updated Apr. 16, 

2018), archived at http://perma.cc/MK9W-H3F4. 

2

 EUROSTAT, ENERGY, TRANSPORT AND ENVIRONMENT INDICATORS 142 (2017), http://ec.europa.eu/eurostat/ 

documents/3217494/8435375/KS-DK-17-001-EN-N.pdf/18d1ecfd-acd8-4390-ade6-e1f858d746da, archived at

http://perma.cc/E3B7-4LL9. 

3 Communication from the Commission. Europe 2020. A Strategy for Smart, Sustainable and Inclusive Growth, at 5, 

COM (2010) 2020 final (Mar. 3, 2010), http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52010DC 

2020&from=EN, archived at http://perma.cc/C6Z3-HZG9. 

4 Id. at 6. 

5

 Decision No. 1386/2013/EU of the European Parliament and of the Council of 20 November 2013 on a General 

Union Environment Action Programme to 2020 ‘Living Well, Within the Limits of Our Planet’ (7th Environment 

Action Programme) (EAP), 2013 O.J. (L 354) 171, http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri= 

CELEX:32013D1386&from=EN, archived at http://perma.cc/NN5R-SJ2R. 
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a. to protect, conserve and enhance the Union’s natural capital; 

b. to turn the Union into a resource-efficient, green, and competitive lowcarbon economy; 

c. to safeguard the Union’s citizens from environment-related pressures, and risks to 

health and wellbeing; 

d. to maximize the benefits of Union environment legislation by 

improving implementation; 

e. to improve the knowledge and evidence base for Union environment policy; 

f. to secure investment for environment and climate policy and address 

environmental externalities; 

g. to improve environmental integration and policy coherence; 

h. to enhance the sustainability of the Union’s cities; [and] 

i. to increase the Union’s effectiveness in addressing international environmental and 

climate-related challenges.6

II. EU Competence to Legislate in the Field of Environmental Law 

The European Union is currently made up of twenty-eight Member States.7

 Although the Member 

States remain independent, sovereign states, they have transferred some of their sovereign powers 

to the institutions of the EU. In general, the EU can only act insofar as the EU Members States 

have conferred the competence upon it in the EU Treaties to achieve the objectives set out in the 

Treaties (principle of conferral).8 Competences not conferred upon the EU remain with the 

Member States.9

 Articles 2-6 of the Treaty on the Functioning of the European Union (TFEU) set 

out the competences of the EU, which are divided into exclusive, shared, and supporting 

competences.10 Exclusive competence means that only the EU may legislate, whereas both the EU 

and the Member States may legislate in the areas of shared competences.11 As long as the EU has 

not exercised its shared competence to legislate, the Member States are free to adopt their 

own measures.12

 

6 Id art. 2(1)(a)–(i). 

7

 A list of the Member States is available on the website of the EU. EU Member Countries in Brief, EU, 

https://europa.eu/european-union/about-eu/countries/member-countries_en (last updated Apr. 16, 2018), archived at 

http://perma.cc/VE4P-44TW. The United Kingdom currently remains a full member of the EU. 

8

 Consolidated Version of the Treaty on European Union (TEU), art. 5, 2016 O.J. (C 202) 13, http://eurlex.europa.eu/resource.html?uri=cellar:9e8d52e1-2c70-11e6-b497-01aa75ed71a1.0006.01/DOC_2&format=PDF, 

archived at http://perma.cc/V92F-NZZG. 

9 Id. art. 4, para. 1. 

10 Consolidated Version of the Treaty on the Functioning of the European Union (TFEU), 2016 O.J. (C 202) 47, 

http://eur-lex.europa.eu/resource.html?uri=cellar:9e8d52e1-2c70-11e6-b497-01aa75ed71a1.0006.01/DOC_3& 

format=PDF, archived at http://perma.cc/8TVM-PUJW. 

11 Id. art. 2, paras. 1, 2, art. 4, para. 1. 

12 Id. art. 2, para. 2. 
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Even though the EU was active in setting environmental policy early on, an explicit legal basis for 

the EU to legislate in this area was not codified in the EU Treaties until 1987, when a new title, 

“Environment,” was added.13 The EU’s competence to legislate in the field of environmental law 

is listed among the shared competences.14 It is described in further detail in article 11 and articles 

191 to 193 of the TFEU. According to these provisions, the EU can act both internally and 

externally, meaning that it can enact legislation binding upon the Member States as well as 

conclude agreements with third countries or international organizations regarding environmental 

law.15 These agreements are binding on EU organs and institutions as well as on the Member 

States.16 The EU has adhered to various international agreements in the field of environmental law, 

among them the United Nations Framework Convention on Climate Change (UNFCCC), its Kyoto 

Protocol, and the Paris Agreement.17 Because of the shared competence in environmental law, the 

EU and the Member States will usually conclude mixed agreements in this field, meaning treaties 

between the EU and the Member States jointly with a third state or organization.18

As the EU has exercised its shared competence to legislate in the field of environmental law, the 

Member States are generally precluded from regulating themselves.19 They are, however, allowed 

to adopt more stringent regulations than the EU standards upon notification of the European 

Commission.20 Over the years, the EU has enacted a plethora of legislative measures in the field 

of environmental law and issued various action programs. 

 

13 Single European Act art. 13, 1987 O.J. (L 169) 1, http://eur-lex.europa.eu/resource.html?uri=cellar:a519205f924a-4978-96a2-b9af8a598b85.0004.02/DOC_1&format=PDF, archived at http://perma.cc/MY95-HRP7

14 TFEU art. 4, para. 2, lit. e. 

15 Id. art. 191, para. 4. 

16 Id. art. 216 para. 2. 

17 United Nations Framework Convention on Climate Change (UNFCCC), May 9, 1992, 1771 U.N.T.S. 107, 

http://unfccc.int/files/essential_background/background_publications_htmlpdf/application/pdf/conveng.pdf, 

archived at http://perma.cc/2XMZ-7GKG; Status. United Nations Framework Convention on Climate Change, 

UNITED NATIONS TREATY COLLECTION (UNTC), https://treaties.un.org/Pages/ViewDetailsIII.aspx?src= 

IND&mtdsg_no=XXVII-7&chapter=27&Temp=mtdsg3&clang=_en (last updated Apr. 16, 2018), archived at

http://perma.cc/JY6G-BAUX; Kyoto Protocol to the United Nations Framework Convention on Climate Change 

(Kyoto Protocol), Dec. 11, 1997, 2303 U.N.T.S. 162, annex B, http://unfccc.int/resource/docs/convkp/kpeng.pdf, 

archived at http://perma.cc/3HQM-LT8M; Status. Kyoto Protocol, UNTC, https://treaties.un.org/Pages/View 

Details.aspx?src=TREATY&mtdsg_no=XXVII-7-a&chapter=27&clang=_en (last updated Apr. 16, 2018), archived 

at http://perma.cc/RF7S-BGQN; Paris Agreement, Dec. 12, 2015, http://unfccc.int/files/essential_background/ 

convention/application/pdf/english_paris_agreement.pdf, archived at http://perma.cc/9UKH-4U6T; Status. Paris 

Agreement, UNTC, https://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=XXVII-7-

d&chapter=27&clang=_en (last updated May 2, 2018), archived at http://perma.cc/M76Y-4TKJ. 

18 Marcus Klamert, The Principle of Loyalty in EU Law 183, 186 (2014). 

19 TFEU art. 2, para. 2. 

20 Id. art. 193. 
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III. Legal Framework 

A. Air Quality 

1. Ambient Air Quality Directives 

Since the 1970s, improving air quality and fighting air pollution has been a focus of EU 

environmental policy. It therefore enacted a series of directives that set ambient air-quality limits 

and target values for air quality, and implemented emission mitigation controls.21 Directives are 

binding on EU Member States, but are not directly applicable and therefore need to be transposed 

into national law.22 The first major legislative instrument was the Air Quality Framework Directive 

96/62/EC and its accompanying four “daughter” directives.23 In 2001, these directives were 

supplemented by the “Clean Air for Europe (CAFE) Programme,” which laid out a thematic 

strategy to review the implementation and effectiveness of the directives, improve monitoring of 

air quality and the provision of information to the public, and set priorities for further action.24 

In 2008, the Air Quality Framework Directive and three of the four daughter directives were 

consolidated into a single Ambient Air Quality Directive.25 The Ambient Air Quality Directive 

kept the existing standards for the ambient concentration of sulfur dioxide, nitrogen dioxide, and 

oxides of nitrogen, lead, benzene, and carbon monoxide, and set new ones for particulate matter.26

It also included specific provisions, objectives, and target values for the secondary pollutant ozone 

and ozone precursor substances such as nitrogen oxides and volatile organic compounds (VOC).27

The Ambient Air Quality Directive also established minimum common requirements and criteria 

for Member States’ monitoring and assessment of air quality in their designated zones 

and agglomerations.28 

In order to improve air quality and remedy situations in which targets are not met, the Ambient 

Air Quality Directive includes the following measures and corrective actions: 

 

21 Air Quality – Introduction, EUROPEAN COMMISSION, http://ec.europa.eu/environment/air/quality/index.htm (last 

updated Jan. 15, 2018), archived at http://perma.cc/U5DW-GP4V. 

22 TFEU art. 288, para. 3. 

23 Council Directive 96/62/EC of 27 September 1996 on Ambient Air Quality Assessment and Management, 1996 

O.J. (L 296) 55, https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:31996L0062&from=EN, 

archived at http://perma.cc/Z76D-74ET. 

24 Communication from the Commission – The Clean Air for Europe (CAFE) Programme: Towards a Thematic 

Strategy for Air Quality, at 6, COM (2001) 245 final (May 4, 2001), http://eur-lex.europa.eu/legalcontent/EN/TXT/PDF/?uri=CELEX:52001DC0245&from=EN, archived at http://perma.cc/5Y5B-SB3K. 

25 Directive 2008/50/EC of the European Parliament and of the Council of 21 May 2008 on Ambient Air Quality and 

Cleaner Air for Europe (Ambient Air Quality Directive), 2008 O.J. (L 152) 1, https://eur-lex.europa.eu/legalcontent/EN/TXT/PDF/?uri=CELEX:32008L0050&from=EN, archived at http://perma.cc/6XF2-QWC4. 

26 Id. art. 5, para. 1. 

27 Id. annexes VII, X. 

28 Id. arts. 6-11, annex III. 
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 Thresholds, limit values, and target values for each pollutant covered by the directive.29

 Specifically designated national bodies to carry out the tasks of the directive.30

 Air quality plans to address situations where pollution levels exceed limit or target values in a 

zone or agglomeration. Air quality plans set out measures to attain the limit or target values 

and may include specific measures to protect sensitive population groups, such as children.31

 Short-term action plans if there is a risk that pollution levels may exceed one or more of the 

alert thresholds. 32 These may include measures to reduce road traffic, construction works, 

certain industrial activities, or domestic heating, as well as specific measures to protect 

sensitive population groups.33

 Provide information about ambient air quality, air quality plans, and other related topics to 

public and environmental, consumer, and other relevant organizations by means of any easily 

accessible media including the Internet.34

 Publication of annual reports on all the pollutants covered by the legislation of EU 

Member States.35

The limit values for the covered air pollutants became legally binding upon the Member States 

with the entry into force of the Clean Air Directive in June 2008. However, Member States were 

allowed to apply to the Commission for time extensions of three years (particulate matter) or up 

to five years (nitrogen dioxide, benzene) to meet certain limit values, provided that air quality 

plans were established for these zones or agglomerations.36

2. Reduction of National Emissions 

The National Emission Ceiling Directive (NEC Directive), which updated and replaced earlier 

directives in 2016, sets caps on Member States’ total annual emissions of certain pollutants from 

all land sources in their territory that are not in the EU’s Emissions Trading System (ETS).37 The 

update also implemented the international obligations agreed upon by the EU and its Member 

 

29 Id. annexes II, VII, XI, XIV. 

30 Id. art. 3, annex XV. 

31 Id. art. 23. 

32 Id. art. 24. 

33 Id. art. 24, para. 2. 

34 Id. art. 26, annex XVI. 

35 Id. art. 26, para. 2. 

36 Id. art. 22. 

37 Directive (EU) 2016/2284 of the European Parliament and of the Council of 14 December 2016 on the Reduction 

of National Emissions of Certain Atmospheric Pollutants, Amending Directive 2003/35/EC and Repealing Directive 

2001/81/EC (National Emissions Ceilings (NEC) Directive), art. 2, 2016 O.J. (L 344) 1, http://eur-lex.europa.eu/ 

legal-content/EN/TXT/PDF/?uri=CELEX:32016L2284&from=EN, archived at http://perma.cc/6FNN-F4PP. For the 

ETS, see infra Part III(C). 
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States in the Convention on Long-Range Transboundary Air Pollution of 1979 (LRTAP 

Convention) and its revised Gothenburg Protocol.38

The NEC Directive entered into force on December 31, 2016, and Member States have until July 1, 

2018, to transpose it into national law.39 It establishes different national emission-reduction 

commitments for each Member State from 2020 to 2029, and from 2030 onwards for sulfur 

dioxide, nitrogen oxides, non-methane volatile organic compounds, ammonia, and fine particulate 

matter.40 The emission ceilings for 2010 that were set in the earlier Directive remain applicable 

until the end of 2019.41 In order to achieve the objectives of the NEC Directive, each Member 

State must draw up, adopt, and implement a National Air Pollution Control Program and provide 

it to the Commission.42 These programs are also supposed to contribute to the successful 

implementation of the air quality plans established under the Ambient Air Quality Directive.43 The 

programs must be updated every four years.44 In addition, Member States are required to prepare 

and annually update national emission inventories for the pollutants covered by the NEC Directive 

as well as emission projections for certain pollutants.45 Information on National Air Pollution 

Control Programs, national emission inventories, national emission projections, informative 

inventory reports, and additional reports must be made available to the public.46

3. Compliance with and Update of Air Quality Legislation 

Even though air quality has substantially improved across Europe due to the abovementioned 

measures, air pollutant concentrations are still too high and expose people to serious health risks.47

In 2014, all but five EU Member States exceeded the allowed thresholds for particulate matter and 

nitrogen dioxide set in the Ambient Air Quality Directive. The Commission opened infringement 

 

38 Id. recitals 5–7; Convention on Long-range Transboundary Air Pollution (CLRTAP), Nov. 13, 1979, 1302 

U.N.T.S. 217, http://www.unece.org/fileadmin/DAM/env/lrtap/full%20text/1979.CLRTAP.e.pdf, archived at

http://perma.cc/F9ZJ-DU4Y; 1999 Protocol to Abate Acidification, Eutrophication and Ground-level Ozone to the 

Convention on Long-range Transboundary Air Pollution (Gothenburg Protocol), Nov. 30, 1999, as amended on 

May 4, 2012, 2319 U.N.T.S. 81, http://www.unece.org/fileadmin/DAM/env/documents/2013/air/eb/ECE.EB.AIR. 

114_ENG.pdf, archived at http://perma.cc/R47Y-ERQZ. 

39 NEC Directive arts. 20, 22. 

40 Id. art. 4, para. 1, annex II. 

41 Id. art. 21, recital 37; Directive 2001/81/EC of the European Parliament and of the Council of 23 October 2001 on 

National Emission Ceilings for Certain Atmospheric Pollutants, 2001 O.J. (L 309) 22, http://eur-lex.europa.eu/legalcontent/EN/TXT/PDF/?uri=CELEX:32001L0081&from=EN, archived at http://perma.cc/7P96-DL5R. 

42 NEC Directive arts. 6, 10. 

43 Id. recital 18. 

44 Id. art. 6, para. 3. 

45 Id. art. 8, art. 10, para. 2. 

46 Id. art. 14. 

47 Air Pollution, EUROPEAN ENVIRONMENT AGENCY (EEA), https://www.eea.europa.eu/themes/air/intro (last 

updated Oct. 9, 2017), archived at http://perma.cc/88H5-V2T8. 
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proceedings and ten Member States were referred to the Court of Justice.48 The respective national 

emission ceilings for one or more pollutants were also frequently exceeded by Member States.49

The EU therefore proposed a Clean Air Policy Package in 2013, which included a Clean Air 

Programme for Europe50 and proposals for the above mentioned NEC Directive from 2016;51 for 

a Directive on Limitation of Emissions of Certain Pollutants Into the Air from Medium 

Combustion Plants (the MCP Directive), which entered into force in 2015;52 and to approve the 

revised Gothenburg Protocol at EU level, which was accepted by the Council in July 2017.53 The 

goal of the Clean Air Policy Package is to achieve compliance with existing legislation and to 

further reduce emissions of air pollutants until 2030.54

B. Vehicle Emissions 

About one-fifth of the CO2 emissions in the EU can be attributed to traffic, the only major sector 

in which GHG emission are still increasing.55 In order to reduce GHG emissions from transport, 

the EU sets emission standards for light-duty vehicles (cars and vans), has proposed a strategy to 

reduce emissions from heavy-duty vehicles (coaches, buses, trucks), requires that new cars display 

a label indicating the car’s fuel efficiency and CO2 emissions, sets fuel quality standards, and 

encourages the use of biofuels. 

 

 

48 EUROPEAN PARLIAMENT, IMPLEMENTATION OF THE AMBIENT AIR QUALITY DIRECTIVE. STUDY 23 (Apr. 2016), 

http://www.europarl.europa.eu/RegData/etudes/STUD/2016/578986/IPOL_STU(2016)578986_EN.pdf, archived at 

http://perma.cc/6ZSJ-XG8A. 

49 NEC Directive Reporting Status 2017 - The Need to Reduce Air Pollution in Europe, EEA, https://www.eea. 

europa.eu/themes/air/national-emission-ceilings/nec-directive-reporting-status#tab-data-visualisations (last updated 

Apr. 16, 2018), archived at http://perma.cc/NJP2-47GN. 

50 Communication from the Commission to the Council, the European Parliament, the European Economic and 

Social Committee and the Committee of the Regions – A Clean Air Programme for Europe (Clean Air Programme 

for Europe), COM (2013) 918 final (Dec. 18, 2013), http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri= 

CELEX:52013DC0918&from=EN, archived at http://perma.cc/6D6A-HYK4. 

51 NEC Directive, supra note 37. 

52 Directive (EU) 2015/2193 of the European Parliament and of the Council of 25 November 2015 on the Limitation 

of Emissions of Certain Pollutants Into the Air from Medium Combustion Plants (Medium Combustion Plant (MCP) 

Directive), 2015 O.J. (L 313) 1, http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32015L2 

193&from=EN, archived at http://perma.cc/2QNQ-VZLV. 

53 Council Decision on the Acceptance of the Amendment to the 1999 Protocol to the 1979 Convention on LongRange Transboundary Air Pollution to Abate Acidification, Eutrophication and Ground-level Ozone, file 

no. 2013/0448 (NLE) (Apr. 26, 2017), http://data.consilium.europa.eu/doc/document/ST-7524-2017-ADD-1-COR1/en/pdf, archived at http://perma.cc/AV5Y-LM4M; Press Release, Council of the EU, Improving Air Quality: EU 

Acceptance of the Gothenburg Protocol Amendment in Sight (July 17, 2017), http://www.consilium.europa.eu/ 

en/press/press-releases/2017/07/17/agri-improving-air-quality/, archived at http://perma.cc/6NUX-T3U2. 

54 Clean Air Programme for Europe, supra note 50, at 6, para. 3.1. 

55 Road Transport: Reducing CO2 Emissions from Vehicles, EUROPEAN COMMISSION, https://ec.europa.eu/clima/ 

policies/transport/vehicles_en (last visited Apr. 16, 2018), archived at http://perma.cc/Z5XZ-2PQZ. 
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1. Emission Standards for Light-Duty Vehicles 

The EU emission standards were enacted as a regulation, meaning they are directly applicable in 

the EU Member States without any national implementing legislation needed.56 The limit for 

passenger cars that are registered for the first time was originally set as 130 grams (g) of CO2

emitted per kilometer (km).57 The limit was phased in between 2012 and 2015.58 Currently, new 

passenger cars may not emit more than 95 g CO2 per km on average by 2021.59 The targets are 

phased in from 2020, meaning 95% of new cars will have to comply with the limit in 2020, 

increasing to 100% in 2021.60 New light commercial vehicles (vans), defined as vehicles used to 

carry goods weighing up to 3.5 tonnes and weighing less than 2610 kg when empty, have different 

limits.61 They originally had a target of 175 g of CO2/km by 2017.62 The limit was phased in 

between 2014 and 2017.63 By 2020, new vans may not emit more than 147 g CO2/km.64 The targets 

are based on the New European Driving Cycle (NEDC) test procedure. If a manufacturer exceeds 

the average CO2 emission limit, a fine will be imposed for each vehicle registered.65 From 2019 

onwards, the fine for manufacturers of passenger cars and vans will be €95 (around US$118) for 

each gram that exceeds the limit.66

In November 2017, a legislative proposal amending the current CO2 emission standards for lightduty vehicles was published.67 The current standards will expire on January 1, 2020. The new 

 

56 TFEU art. 288, para. 2. 

57 Regulation (EC) No. 443/2009 of the European Parliament and of the Council of 23 April 2009 Setting Emission 

Performance Standards for New Passenger Cars as Part of the Community’s Integrated Approach to Reduce CO2

Emissions from Light-Duty Vehicles, art. 1, para. 1, 2009 O.J. (L 140) 1, https://eur-lex.europa.eu/legal-content/EN/ 

TXT/PDF/?uri=CELEX:32009R0443&from=EN, archived at http://perma.cc/NP8M-SJGD. 

58 Id. art. 4. 

59 Id. art. 1, para. 2; Regulation (EU) No. 333/2014 of the European Parliament and of the Council of 11 March 2014 

Amending Regulation (EC) No. 443/2009 to Define the Modalities for Reaching the 2020 Target to Reduce CO2

Emissions from New Passenger Cars, 2014 O.J. (L 103) 15, http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/ 

?uri=CELEX:32014R0333&from=EN, archived at http://perma.cc/FP7F-5AWA. 

60 Regulation (EU) No. 333/2014, supra note 59, art. 1, para. 4. 

61 Regulation (EU) No. 510/2011 of the European Parliament and of the Council of 11 May 2011 Setting Emission 

Performance Standards for New Light Commercial Vehicles as Part of the Union’s Integrated Approach to Reduce 

CO2 Emissions from Light-Duty Vehicles, art. 2, 2011 O.J. (L 145) 1, http://eur-lex.europa.eu/legal-content/EN/ 

TXT/PDF/?uri=CELEX:32011R0510&from=EN, archived at http://perma.cc/GGL4-5G8Q. 

62 Id. art. 1, para. 1. 

63 Id. art. 4. 

64 Id. art 1, para. 2. 

65 Regulation (EC) No. 443/2009, supra note 57, art. 9; Regulation (EU) No. 510/2011, supra note 61, art. 9. 

66 Reducing CO2 Emissions from Vans, EUROPEAN COMMISSION, https://ec.europa.eu/clima/policies/transport/ 

vehicles/vans_en (last visited Apr. 18, 2018), archived at http://perma.cc/F7GL-9XEU. 

67 Proposal for a Regulation of the European Parliament and of the Council Setting Emission Performance 

Standards for New Passenger Cars and for New Light Commercial Vehicles as Part of the Union’s Integrated 

Approach to Reduce CO2 Emissions From Light-Duty Vehicles and Amending Regulation (EC) No. 715/2007 

(Recast), COM (2017) 676 final/2 (Jan. 26, 2018), http://eur-lex.europa.eu/resource.html?uri=cellar:609fc0d1-04ee11e8-b8f5-01aa75ed71a1.0001.02/DOC_1&format=PDF, archived at http://perma.cc/P698-A46C. 
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emission targets will be based on the Worldwide Harmonised Light Vehicle Test Procedure 

(WLTP), which was introduced on September 1, 2017.68 The WLTP is a globally harmonized 

laboratory test procedure developed within the UN Economic Commission for Europe (UNECE) 

framework with the support of the European Commission that is supposed to provide fuel 

consumption and CO2 emission values that are more representative of real-world conditions.69 As 

the new targets will be WLTP based, the new EU fleet-wide targets from 2020 onwards will not 

be defined as absolute values in g CO2/km, but will be expressed as percentage reductions 

compared to the average of the specific emission targets for 2021 determined for each 

manufacturer.70 The proposal envisages a 15% reduction in 2021 and a 30% reduction from 

January 1, 2030 onwards.71

2. Emission Standards for Heavy-Duty Vehicles 

Emissions from heavy-duty vehicles (trucks and buses) are currently neither measured nor 

reported, even though they account for 25% of road transport CO2 emissions and are expected to 

increase further in the future.72 In 2017, the Commission therefore proposed to set up a system for 

monitoring and reporting of CO2 emissions from and fuel consumption by these vehicles as a 

prerequisite for setting emission standards.73 The proposal requires heavy-duty vehicle 

manufacturers to calculate the CO2 emissions and fuel consumption of new vehicles using the new 

Vehicle Energy Consumption Calculation Tool (VECTO) from January 1, 2019, onwards.74 The 

Commission is expected to publish a proposal on emission standards for CO2 emissions and fuel 

efficiency of heavy-duty vehicles by the end of 2018.75

 

68 Press Release, European Commission, New and Improved Car Emissions Tests Become Mandatory on 

1 September (Sept. 4, 2017), http://ec.europa.eu/growth/content/new-and-improved-car-emissions-tests-becomemandatory-1-september_en, archived at http://perma.cc/638Q-ZDPH. 

69 EUROPEAN COMMISSION, FACT SHEET. EU ACTION TO CURB AIR POLLUTION BY CARS: QUESTIONS AND ANSWERS, 

MEMO/17/2821 (Aug. 31, 2017), http://europa.eu/rapid/press-release_MEMO-17-2821_en.pdf, archived at

http://perma.cc/RZ7V-9CDF. 

70 COM (2017) 676 final/2, supra note 67, art. 1, para. 4, annex I. 

71 Id. 

72 Commission Regulation (EU) 2017/2400 of 12 December 2017 Implementing Regulation (EC) No. 595/2009 of 

the European Parliament and of the Council as Regards the Determination of the CO2 Emissions and Fuel 

Consumption of Heavy-Duty Vehicles and Amending Directive 2007/46/EC of the European Parliament and of the 

Council and Commission Regulation (EU) No. 582/2011 (Certification Regulation), recitals 4 & 5, 2017 O.J. (L 

349), 1, http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32017R2400&from=EN, archived at 

http://perma.cc/G2PK-JWJD. 

73 Proposal for a Regulation of the European Parliament and of the Council on the Monitoring and Reporting of 

CO2 Emissions from and Fuel Consumption of New Heavy-Duty Vehicles, COM (2017) 279 final (May 31, 2017), 

http://eur-lex.europa.eu/resource.html?uri=cellar:a8840d33-4625-11e7-aea8-01aa75ed71a1.0003.02/ 

DOC_1&format=PDF, archived at http://perma.cc/TNB9-9HJX. 

74 Id. at 3. VECTO is described in the Certification Regulation, supra note 72, art. 5. 

75 Legislative Train Schedule: Resilient Energy Union with a Climate Change Policy. Heavy-Duty Vehicles CO2

Emissions and Fuel Efficiency, EUROPEAN PARLIAMENT, http://www.europarl.europa.eu/legislative-train/themeresilient-energy-union-with-a-climate-change-policy/file-heavy-duty-vehicles-co2-emissions-and-fuel-efficiency

(last updated Mar. 20, 2018), archived at http://perma.cc/R4WN-HYVR. 
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3. Car Labelling 

Furthermore, EU legislation provides that each new car must display a label showing its fuel 

consumption and CO2 emissions so that consumers can make an informed choice.76 The 

information on fuel efficiency must also be published in all promotional literature and guides, and 

be exhibited in a prominent position on a poster or display at the place of sale.77

4. Fuel Quality 

The Fuel Quality Directive sets quality standards for petrol, diesel fuels, and biofuels used in road 

vehicles as well as for gas oil used in non-road-mobile machinery.78 The rules generally ban petrol 

with lead and limit the amount of sulfur in diesel fuels.79 Petrol and diesel fuels may only be placed 

on the market in a Member State if they comply with the environmental specifications set out in 

the Directive.80 Fuel suppliers are required to reduce the GHG intensity of the EU fuel mix by 6% 

by 2020 in comparison to 2010.81 Furthermore, the Fuel Quality Directive sets sustainability 

criteria for biofuels when they are to be taken into account for GHG emission reductions in line 

with the ones set in the Renewable Energy Directive, as outlined below.82

5. Renewable Fuels 

The EU promotes the use of biofuels and bioliquids as an alternative to fossil fuels in order to 

decrease carbon emissions from transport.83 The target is to have 10% of the transport fuel of every 

EU Member State come from renewable fuels by 2020 as part of the overall goal to fulfill at least 

20% of the EU’s total energy needs with renewables as set out in the Renewable Energy 

Directive.84 In order to achieve these goals, the EU sets sustainability criteria for biofuels, has 

 

76 Consolidated Version of Directive 1999/94/EC of the European Parliament and of the Council of 13 December 

1999 Relating to the Availability of Consumer Information on Fuel Economy and CO2 Emissions in Respect of the 

Marketing of New Passenger Cars (Car Labelling Directive), arts. 1, 3, 2000 O.J. (L 12) 16, http://eurlex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:01999L0094-20081211&from=EN, archived at

http://perma.cc/5PPA-BNCJ. 

77 Id. arts. 4–6. 

78 Consolidated Version of Directive 98/70/EC of the European Parliament and of the Council of 13 October 1998 

Relating to the Quality of Petrol and Diesel Fuels and Amending Council Directive 93/12/EEC (Fuel Quality 

Directive), art. 1, 1998 O.J. (L 350) 58, http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:019 

98L0070-20151005&from=EN, archived at http://perma.cc/2Y3P-7B9H. 

79 Id. art. 3, para. 1, art, 4, para, 1 in conjunction with annex II.

80 Id. art. 3, para. 2 in conjunction with annex I art. 4, para. 1 in conjunction with annex II. 

81 Id. art. 7a, para. 2(a).

82 Id. art. 7b. 

83 Biofuels, EUROPEAN COMMISSION, https://ec.europa.eu/energy/en/topics/renewable-energy/biofuels (last visited 

Apr. 16, 2018), archived at http://perma.cc/MY7N-CZRB. 

84 Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the Promotion of the 

Use of Energy from Renewable Sources and Amending and Subsequently Repealing Directives 2001/77/EC and 

2003/30/EC (Renewable Energy Directive), art. 3, 2009 O.J. (L 140) 16, http://eur-lex.europa.eu/legalcontent/EN/TXT/PDF/?uri=CELEX:32009L0028&from=EN, archived at http://perma.cc/QUL4-MM46. 
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enacted legislation to combat indirect land use change,85 requires EU Member States to submit 

reports on emissions from cultivation of raw materials for use in biofuels, promotes biofuels as an 

alternative in aviation, and sets quality standards for biofuels. 

Only biofuels and bioliquids that fulfill the following sustainability criteria are entitled to receive 

government support or can count towards national renewable energy targets:86 

 They achieve GHG savings of at least 35% in comparison to fossil fuels. This savings 

requirement rose to 50% in 2017 and again to 60% in 2018, but only for new production plants. 

 They are not produced from raw materials obtained from land with high biodiversity value 

such as primary forests or highly biodiverse grasslands. 

 They are not grown in areas converted from land with previously high carbon stock such as 

wetlands or forests.87

In 2016, the Commission published a proposal that updates the targets and the current 

sustainability criteria for biofuels, bioliquids, and biomass fuels.88 Negotiations between the 

European Parliament, the Council, and the Commission on the legislative proposal started in 

February 2018 and are still ongoing.89

C. 2020 Climate and Energy Package 

The “2020 Package” of the EU is a set of legislation that establishes the following three binding 

targets to ensure that the EU meets its climate and energy targets for the year 2020:90 

 

85 Directive (EU) 2015/1513 of the European Parliament and of the Council of 9 September 2015 Amending 

Directive 98/70/EC Relating to the Quality of Petrol and Diesel Fuels and Amending Directive 2009/28/EC on the 

Promotion of the Use of Energy from Renewable Sources, 2015 O.J. (L 239) 1, http://eur-lex.europa.eu/legalcontent/EN/TXT/PDF/?uri=CELEX:32015L1513&from=EN, archived at http://perma.cc/8AV2-XMNZ. 

86 Renewable Energy Directive arts. 2(k), 3, 5, 11, 17. 

87 Id. art. 17. 

88 Proposal for a Directive of the European Parliament and of the Council on the Promotion of the Use of Energy 

From Renewable Sources (Recast), COM (2016) 767 final (Feb. 23, 2017), http://eur-lex.europa.eu/resource. 

html?uri=cellar:3eb9ae57-faa6-11e6-8a35-01aa75ed71a1.0007.02/DOC_1&format=PDF, archived at

http://perma.cc/8F73-HB5A. 

89 Legislative Train Schedule: Resilient Energy Union with a Climate Change Policy. Review of the Renewable 

Energy Directive 2009/28/EC to Adapt It to the EU 2030 Climate and Energy Targets, EUROPEAN PARLIAMENT, 

http://www.europarl.europa.eu/legislative-train/theme-resilient-energy-union-with-a-climate-change-policy/filerenewable-energy-directive-for-2030-with-sustainable-biomass-and-biofuels (last updated Mar. 20, 2018), archived 

at http://perma.cc/48FS-YP6F. 

90 2020 Climate & Energy Package, EUROPEAN COMMISSION, https://ec.europa.eu/clima/policies/strategies/2020_en

(last visited Apr. 17, 2018), archived at http://perma.cc/GK8Q-J2TU. 
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 20% cut in greenhouse gas emissions (from 1990 levels) 

 20% of EU energy from renewables 

 20% improvement in energy efficiency91

The goals are to be met by the EU’s Emissions Trading Scheme (ETS), by binding national annual 

GHG emission reduction targets for sectors not in the ETS, and by binding national targets for 

raising the share of renewables in energy consumption as discussed above.92 

1. Emissions Trading Scheme (ETS) 

The EU’s Emissions Trading Scheme (ETS) adheres to the “cap-and-trade” principle, meaning 

that there is a limited quantity of tradable rights to emit greenhouse gases (emission allowances) 

available.93 Sectors covered by the ETS include energy industries, large industrial installations, 

and aviation.94 The EU ETS currently covers all EU Member States as well as Iceland, 

Liechtenstein, and Norway. In addition, on November 23, 2017, the EU and Switzerland signed 

an agreement to link their GHG emissions trading systems and create a joint CO2 market.95 In a 

next step, the Swiss parliament and the competent EU institutions (Council and Parliament) need 

to approve the ratification for the agreement to enter into force.96 

The EU ETS has a single, EU-wide cap on GHG emissions.97 Previously, a system of national caps 

was in place.98 The current default method for allocating emission allowances is auctioning, 

meaning that companies are required to buy an increasing proportion of allowances through 

 

91 Id. 

92 Renewable Energy Directive, supra note 84. 

93 Consolidated Version of Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 

Establishing a Scheme for Greenhouse Gas Emission Allowance Trading Within the Community and Amending 

Council Directive 96/61/EC (ETS Directive), 2003 O.J. (L 275) 32, http://eur-lex.europa.eu/legal-content/EN/ 

TXT/PDF/?uri=CELEX:02003L0087-20140430&from=EN, archived at http://perma.cc/28PQ-ZEEW. 

94 Id. annex I. 

95 Agreement between the European Union and the Swiss Confederation on the Linking of Their Greenhouse Gas 

Emissions Trading Systems, 2017 O.J. (L 322) 3, https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri= 

CELEX:22017A1207(01)&from=EN, archived at http://perma.cc/LN2S-SQ32; Press Release, European 

Commission, EU and Switzerland Sign Agreement to Link Emissions Trading Systems (Nov. 23, 2017), 

https://ec.europa.eu/clima/news/eu-and-switzerland-sign-agreement-link-emissions-trading-systems_en, archived at

http://perma.cc/PW9N-6ZTJ. 

96 Press Release, supra note 95. 

97 ETS Directive, supra note 93, art. 9. 

98 Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 Establishing a Scheme 

for Greenhouse Gas Emission Allowance Trading Within the Community and Amending Council Directive 

96/61/EC (ETS Directive 2003), art. 9, 2003 O.J. (L 275) 32, https://eur-lex.europa.eu/legal-content/EN/ 

TXT/PDF/?uri=CELEX:32003L0087&from=EN, archived at http://perma.cc/V443-28AN. 
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auctions.99 When the ETS was established, the default method was free allocation.100 Companies 

in certain sectors are required to participate in the ETS.101 They either receive or buy emission 

allowances, which they can trade with others as needed. The Member States are required to use at 

least 50% of auctioning revenues for climate and energy-related purposes.102

In July 2015, a proposal was published for reforming the ETS for the period after 2020. The 

proposal was adopted in March 2018.103 In order to meet the 43% GHG emission reduction target 

in the ETS sector compared to 2005 levels in line with the EU 2020 Package and the Paris 

Agreement commitments, the number of emission allowances will be reduced by an annual rate of 

2.2% starting in 2021, among other measures.104

2. Effort Sharing Decision 

The Effort Sharing Decision sets annual national GHG emission limits for the period 2013–2020 

for sectors not covered by the ETS, which include transport, buildings, agriculture, and waste.105

The national targets aim for a GHG emissions reduction of between 10% and 20% in total 

compared with 2005 levels.106 Furthermore, the Effort Sharing Decision also limits the amount of 

CO2 equivalent (in tonnes) that each Member State may emit in each year from 2013 to 2020 by 

establishing annual emission allocations (AEA).107

In July 2016, the European Commission presented a proposal for a regulation to limit post-2020 

national GHG emissions and to meet the Paris Agreement obligations.108 The proposal was 

 

99 ETS Directive, supra note 93, art. 10; Auctioning, EUROPEAN COMMISSION, https://ec.europa.eu/clima/policies/ 

ets/auctioning_en (last visited Apr. 18, 2018), archived at http://perma.cc/53L5-XE56. 

100 ETS Directive 2003, supra note 98, art. 10. 

101 ETS Directive, supra note 93, art 4, annex I. 

102 Id. art. 10, para. 3. 

103 Directive (EU) 2018/410 of the European Parliament and of the Council of 14 March 2018 Amending Directive 

2003/87/EC to Enhance Cost-Effective Emission Reductions and Low-Carbon Investments, and Decision (EU) 

2015/1814, 2018 O.J. (L 76) 3, http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32018L0 

410&from=EN, archived at http://perma.cc/ET2Z-2WBU. 

104 Id. art. 1, para. 12. 

105 Decision No. 406/2009/EC of the European Parliament and of the Council of 23 April 2009 on the Effort of 

Member States to Reduce Their Greenhouse Gas Emissions to Meet the Community’s Greenhouse Gas Emission 

Reduction Commitments up to 2020 (Effort Sharing Decision), 2009 O.J. (L 140) 136, http://eur-lex.europa. 

eu/legal-content/EN/TXT/PDF/?uri=CELEX:32009D0406&from=EN, archived at http://perma.cc/24PB-J4D7. 

106 Id. art. 3, para. 1 in conjunction with annex II. 

107 Id. art. 2, para. 2, art 3, para. 2; Commission Decision of 26 March 2013 on determining Member States’ annual 

emission allocations for the period from 2013 to 2020 pursuant to Decision No. 406/2009/EC of the European 

Parliament and of the Council, 2013 O. J. (L 90) 106, https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri= 

CELEX:32013D0162&from=en, archived at http://perma.cc/CCT6-YU6N. 

108 Proposal for a Regulation of the European Parliament and of the Council on Binding Annual Greenhouse Gas 

Emission Reductions by Member States from 2021 to 2030 for a Resilient Energy Union and to Meet Commitments 

under the Paris Agreement and Amending Regulation No. 525/2013 of the European Parliament and the Council on 

a Mechanism for Monitoring and Reporting Greenhouse Gas Emissions and Other Information Relevant to Climate 

Change (Effort Sharing Regulation), COM (2016) 482 final (July 20, 2017), https://eur-lex.europa.eu/resource. 
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accepted in the plenary session of the European Parliament on April 17, 2018.109 In a next step, 

the text must be approved by the Council before entering into force.110 

D. Industrial Pollution 

The EU also tries to reduce harmful industrial emissions by setting limits for emissions of 

pollutants from large combustion plants with a thermal input of 50 megawatts (MW) or more,111

setting emission limits for medium combustion plants over 1 MW and less than 50 MW as enacted 

in the MCP Directive as part of the Clean Air Policy Package mentioned above,112 and by 

developing a general framework based on integrated permitting, meaning that permits for plants 

must take account of a plant’s complete environmental performance to avoid pollution being 

shifted from one medium to another.113 Permit conditions including emission limit values must be 

based on the Best Available Techniques (BAT).114

 

html?uri=cellar:923ae85f-5018-11e6-89bd-01aa75ed71a1.0002.02/DOC_1&format=PDF, archived at 

http://perma.cc/EDH8-46AF. 

109 Press Release, European Parliament, EP Backs National CO2 Cuts and Forestry Plans to Meet Paris Climate 

Targets (Apr. 17, 2018), http://www.europarl.europa.eu/news/en/press-room/20180411IPR01515/ep-backs-nationalco2-cuts-and-forestry-plans-to-meet-paris-climate-targets, archived at http://perma.cc/C8XV-RVP8. 

110 Id. 

111 Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial 

emissions (integrated pollution prevention and control), ch. III & annex V, 2010 O.J. (L 334) 17, https://eurlex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32010L0075&from=EN, archived at

http://perma.cc/6GA5-KUXU. 

112 MCP Directive, supra note 52, arts. 2, art. 6, para. 1 in conjunction with annex II of Directive 2010/75/EU. 

113 Directive 2010/75/EU, supra note 111. 

114 Id. art. 14. 
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Australia 

Kelly Buchanan 

Chief, Foreign, Comparative, and 

International Law Division I

SUMMARY The Australian federal government works with state and territory governments to set 

national objectives related to air quality and emissions through National Environment 

Protection Measures. State and territory governments are responsible for implementing the 

Measures and have monitoring and reporting obligations. The National Clean Air 

Agreement, signed in 2015, provides the basis for a joint work program related to reducing 

air pollution and improving air quality. Actions taken under the agreement include new 

regulations related to product emissions and a new target regarding particle pollution. 

 The federal government also sets national fuel quality standards and vehicle emissions 

standards for new and newly imported vehicles; emissions standards for in-service vehicles 

are the responsibility of state and territory governments. The Australian government has a 

policy of harmonizing its vehicle emissions standards with international regulations. 

 The Ministerial Forum on Vehicle Emissions, established in 2015, is examining the 

potential adoption of Euro 6/VI noxious emissions standards, revised fuel quality standards 

based on European standards, and the introduction of fuel efficiency standards for light 

vehicles. It has released draft regulation impact statements on these subjects for the 

purposes of public consultation. These discuss the importance of harmonizing such 

standards with international regulations and/or measures taken by Australia’s major 

trading partners in order to ensure that the most efficient vehicles are available to 

consumers in Australia. 

I. Air Quality Management Framework 

Australia is a federation encompassing six states and two mainland self-governing territories. 

This report outlines national-level laws and regulatory measures related to air quality and air 

pollutant management, with particular reference to vehicle emissions. The 2016 State of the 

Environment report, published by the Australian government, explains the ambient air quality 

management framework as follows: 

Each level of government—Australian, state and territory, and local—plays a role in 

managing the impacts of air pollution by preventing or minimising air pollutant 

emissions. For the key air quality standards, the Australian, state and territory 

governments act cooperatively to set national objectives and develop the NEPMs 

[National Environment Protection Measures], through the NEPC [National Environment 

Protection Council]. 

The Australian Government is responsible for emissions standards for new motor 

vehicles, motor vehicle fuel standards, the National Pollutant Inventory, the national 

response to climate change, and international obligations such as the International 
Regulation of Air Pollution: Australia 

The Law Library of Congress 17

Convention for the Prevention of Pollution from Ships (commonly referred to 

as MARPOL). 

State and territory governments are responsible for implementing NEPMs and other 

measures with appropriate legislation, policies and programs. They report on progress 

made in achieving the NEPM goals. 

Local government authorities are generally responsible for managing air pollution from 

small businesses and domestic premises, and through their role in urban planning.1

This report provides information on the NEPMs that relate to air quality; the National Clean Air 

Agreement, which provides a basis for action at the national, state, and territory levels in a range 

of areas; national fuel quality standards; national vehicle emissions standards for new and 

imported vehicles; and the work of the Ministerial Forum on Vehicle Emissions in relation to 

enhancing the fuel and emissions standards as well as the possible introduction of a mandatory 

vehicle fuel efficiency standard. 

The Australian federal government also has in place various policies and programs related to 

climate change and reducing greenhouse gas emissions, including certain funds, energy 

efficiency initiatives, and reporting programs.2

 Such activities are not covered in this report. 

As indicated above, state and territory legislation and programs address the implementation of a 

range of measures and can also extend beyond the federal laws in some areas; however, specific 

measures of individual jurisdictions are not covered in this report. As stated in the State of the 

Environment report, “[e]nvironmental agencies in the states and territories are responsible for 

controlling pollutant emissions from large industrial point sources, such as power stations, 

refineries, smelters, manufacturing plants, cement works and abattoirs.”3 It further states that 

[d]uring the past 30–40 years, state and territory environment protection agencies have 

employed a variety of regulatory measures (including works approval, licensing and 

notices) to control and greatly restrict emissions of air pollutants from industrial and 

commercial sources. More recently, nonregulatory measures (such as codes of practice, 

market-based mechanisms and cleaner production incentive schemes) have been 

increasingly used to complement regulatory controls. In some jurisdictions, local 

government has a role in controlling emissions (mainly of particles and odour) from 

commercial sources. Local government also tends to be the main tier of government 

 

1 Management Framework: Ambient Air Quality (2016), AUSTRALIA: STATE OF THE ENVIRONMENT 2016, 

https://soe.environment.gov.au/theme/ambient-air-quality/topic/2016/management-framework (last visited Apr. 9, 

2018), archived at http://perma.cc/48GM-3W55. 

2 See Climate Change: Government and International Initiatives, DEPARTMENT OF THE ENVIRONMENT AND ENERGY, 

http://www.environment.gov.au/climate-change/government (last visited Apr. 9, 2018), archived at 

https://perma.cc/2TGA-U7AC. 

3 Management of Sources of Pollution, AUSTRALIA: STATE OF THE ENVIRONMENT 2016, https://soe.environment.gov. 

au/theme/ambient-air-quality/topic/2016/management-sources-pollution (last visited Apr. 9, 2018), archived at

https://perma.cc/G3KM-Z39R. 
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responding to complaints at the neighbourhood level about smoke from domestic 

wood heaters.4

II. National Environment Protection Measures 

National Environment Protection Measures (NEPMs) are “a special set of national objectives 

designed to assist in protecting particular aspects of the environment.”5

 They are made by the 

National Environment Protection Council (NEPC), as authorized by the National Environment 

Protection Council Act 1994 (Cth) and complementary state and territory legislation,6

 and each 

jurisdiction is responsible for determining how to implement them through their own laws and 

regulations.7 The NEPC itself is made up of representatives from the federal government and the 

governments of each state and territory.8

NEPMs can cover a range of matters, including ambient air quality, guidelines for the assessment 

of site contamination, water quality, and recycling.9 The NEPC is able to make measures related 

to motor vehicle noise and emissions, but where these involve standards relating to the design, 

construction, and technical characteristics of new and in-service motor vehicles they must “be 

developed and agreed in conjunction with the National Transport Commission” and determined 

in accordance with other relevant legislation.10

The NEPC has promulgated four NEPMs to date that relate to aspects of air pollution, being on 

ambient air quality, air toxics, the National Pollutant Inventory, and diesel vehicle emissions. 

 

4 Effectiveness of Management: Ambient Air Quality, AUSTRALIA: STATE OF THE ENVIRONMENT 2016, 

https://soe.environment.gov.au/theme/ambient-air-quality/framework/effectiveness-of-management (last visited Apr. 

9, 2018), archived at https://perma.cc/TP9X-4B89. 

5 National Environment Protection Measures, NATIONAL ENVIRONMENT PROTECTION COUNCIL (NEPC), 

http://www.nepc.gov.au/nepms (last visited Apr. 3, 2018), archived at https://perma.cc/X5JB-8EB8. 

6

 National Environment Protection Council Act 1994 (Cth) (NEPC Act) s 14, https://www.legislation. 

gov.au/Details/C2016C00844, archived at https://perma.cc/Y9D3-SC6Y; National Environment Protection Council 

Act 1994 (ACT); National Environment Protection Council (New South Wales) Act 1995 (NSW); National 

Environment Protection Council (Northern Territory) Act (NT); National Environment Protection Council 

(Queensland) Act 1994 (Qld); National Environment Protection Council (South Australia) Act 1995 (SA); National 

Environment Protection Council (Tasmania) Act 1995 (Tas); National Environment Protection Council (Victoria) 

Act 1995 (Vic); National Environment Protection Council (Western Australia) Act 1996 (WA). 

7 National Environment Protection Measures, supra note 5. 

8

 NEPC Act s 9; About NEPC, NEPC, http://www.nepc.gov.au/about-us (last visited Apr. 3, 2018), archived at 

https://perma.cc/V4QY-XTL8. 

9 Id.; NEPC Act s 14(1). 

10 NEPC Act s 14(2). 
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A. National Environment Protection (Ambient Air Quality) Measure 

The NEPM related to ambient air quality was first made in 1998.11 It “sets national standards for 

the six key air pollutants to which most Australians are exposed: carbon monoxide, ozone, sulfur 

dioxide, nitrogen dioxide, lead and particles.” 12 Under the NEPM, each state and territory 

government is required to monitor air quality, using Australian Standard Methods set out in the 

NEPM, and report against the standards.13

In addition to listing standards for each pollutant, the NEPM also establishes a goal for particles 

(as PM2.5) to be achieved by 2025.14

B. National Environment Protection (Air Toxics) Measure 

The Air Toxics NEPM was established in 2004 for an initial group of pollutants: formaldehyde, 

toluene, xylene, and polycyclic aromatic hydrocarbons. 15 It “benchmarks monitoring 

investigation levels that, if exceeded, require further investigation.”16 

Each jurisdiction is required to undertake an assessment of locations within the jurisdiction in 

order to identify sites where “significantly elevated concentrations” of one or more of the listed 

air toxics are likely to occur, or sites where there is the “potential for significant population 

exposure” to such air toxics exists. 17 The measure then sets out appropriate methods for 

monitoring and assessment of air toxics, with reference to methods used by certain foreign and 

international agencies, including the United States Environmental Protection Agency, the 

California Environmental Protection Agency, and the International Organization for 

Standardization.18 The jurisdictions have reporting requirements that relate to the identification 

of relevant sites, monitoring of air toxics, and assessment and any planned actions.19

 

11 For related NEPC documents see National Environment Protection (Ambient Air Quality) Measure, NEPC, 

http://www.nepc.gov.au/nepms/ambient-air-quality (last visited Apr. 4, 2018), archived at https://perma.cc/U35BTZAT. 

12 Air Quality Standards, DEPARTMENT OF THE ENVIRONMENT AND ENERGY (DEE), http://www.environment.gov. 

au/protection/air-quality/air-quality-standards (last visited Apr. 3, 2018), archived at https://perma.cc/D3G2-EV59; 

National Environment Protection (Ambient Air Quality) Measure, as amended, sch 1, https://www.legislation. 

gov.au/Details/F2016C00215, archived at https://perma.cc/FDD5-J3NK. 

13 National Environment Protection (Ambient Air Quality) Measure, pt 4 & sch 3. 

14 Id. sch 2. 

15 National Environment Protection (Air Toxics) Measure, as amended, sch 1, https://www.legislation.gov.au/ 

Details/F2011C00855, archived at https://perma.cc/6KAW-QHNE. 

16 Air Toxics: Ambient Air Quality (2016), AUSTRALIA STATE OF THE ENVIRONMENT 2016, https://soe.environment. 

gov.au/theme/ambient-air-quality/topic/2016/air-toxics, archived at https://perma.cc/RJ7P-7S6W. 

17 National Environment Protection (Air Toxics) Measure, cls 6(1) & 8, sch 2. 

18 Id. sch 3. 

19 Id. sch 4. 
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C. National Environment Protection (National Pollutant Inventory) Measure 

The goals of the National Pollutant Inventory (NPI) NEPM, made in 1998, are to “collect a broad 

base of information on emissions and transfers of substances on the reporting list,” and to 

“disseminate the information collected to all sectors of the community in a useful, accessible and 

understandable form.”20 The NEPM was amended in 2008 “in order to remove greenhouse gas 

and energy reporting requirements now covered by the National Greenhouse and Energy 

Reporting Act 2007.”21

The NEPM establishes a publicly accessible database, the NPI, which contains information about 

emissions and transfers of specified substances. 22 Occupiers of reporting facilities estimate 

emission data and provide this and supporting data to state and territory governments, which then 

aggregate the data and provide it to the federal government for collation and dissemination.23 

The reporting list for the NPI under the NEPM includes emissions of ninety-three 

toxic substances.24

D. National Environment Protection (Diesel Vehicle Emissions) Measure 

The goal of the NEPM on diesel vehicle emissions, which was made in 2001, is to “reduce 

exhaust emissions from diesel vehicles, by facilitating compliance with in-service emissions 

standards for diesel vehicles.”25 The NEPM was “developed to complement other measures to 

reduce the impact of emissions from diesel vehicles such as: new vehicle emission standards, 

improved fuel quality and travel demand management.”26 Rather than establishing standards, the 

NEPM sets out principles for the management of emissions from diesel vehicles 27 and 

provides guidelines 

to assist jurisdictions to develop programs for reducing emissions from in-service diesel 

vehicles, in order to achieve compliance with appropriate in-service emissions standards. 

 

20 National Environment Protection (National Pollutant Inventory) Measure 1998, as varied, cl 5, 

https://www.legislation.gov.au/Details/F2008C00620, archived at https://perma.cc/UV2T-Q3ZA.

21 National Environment Protection (National Pollutant Inventory) Measure, NEPC, http://www.nepc.gov.au/ 

nepms/national-pollutant-inventory, archived at https://perma.cc/B583-XZ7X. See also NEPM Variation 2007, 

NATIONAL POLLUTANT INVENTORY, DEPARTMENT OF ENVIRONMENT AND ENERGY, http://www.npi.gov.au/aboutnpi/nepm-variation (last updated Dec. 21, 2016), archived at https://perma.cc/W7BC-3JTQ. 

22 National Environment Protection (National Pollutant Inventory) Measure 1998, cl 7. 

23 Id. cl 8. 

24 Id. sch A; Substance Fact Sheets, NATIONAL POLLUTANT INVENTORY, DEPARTMENT OF ENVIRONMENT AND 

ENERGY, http://www.npi.gov.au/substances/fact-sheets (last updated June 2, 2014), archived at 

https://perma.cc/TJP3-2K3G. 

25 National Environment Protection (Diesel Vehicle Emissions) Measure 2001, as varied, cl 10, 

https://www.legislation.gov.au/Details/F2009C00402, archived at https://perma.cc/DQ7P-7JCB. 

26 EPHC Archive – Diesel Vehicle Emissions NEPM, NEPC, http://www.nepc.gov.au/resource/ephc-archive-dieselvehicle-emissions-nepm (last visited Apr. 4, 2018), archived at https://perma.cc/YG87-N48R. 

27 National Environment Protection (Diesel Vehicle Emissions) Measure 2001, cl 7. 
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Compliance programs may incorporate a combination of the approaches in the 

Guidelines. Emission management approaches other than those in the guidelines may also 

be implemented.28

With respect to standards, the NEPM states that “[p]articipating jurisdictions will use the inservice vehicle emission standards and test determined by the Australian Transport Council or 

successor body as the benchmark against which to assess the emission performance of diesel 

vehicles.”29 Under the NEPM, state and territory governments report annually to the NEPC on 

their assessment of the “need to take action to manage emissions from the in-service diesel fleet” 

and provide information regarding the actions taken and the effectiveness of such actions.30

III. National Clean Air Agreement 

On December 15, 2015, the environment ministers of each Australian jurisdiction established the 

National Clean Air Agreement.31 The Agreement 

focuses on actions to reduce air pollution and improve air quality through cooperative 

action between industry and government at the national, state and local level. The 

Agreement is designed to incorporate a range of existing, new and complementary 

measures to improve Australia’s air quality.32

A factsheet on the Agreement provides the following information: 

The agreement will: 

 provide a basis for governments to identify, prioritise and focus actions to reduce 

air pollution and improve air quality 

 deliver strategic approaches to address air quality priorities through promoting 

cooperative action between all levels of government and with business and the 

community 

 have an agreed work plan that details specific practical actions and identifies 

roles and responsibilities for implementing those actions to address agreed 

 

28 Id. cl 8. The Guidelines are contained in schedule A of the NEPM and include guidelines on smoky vehicle 

programs, emissions testing and repair programs, audited maintenance programs for diesel vehicles, and diesel 

vehicle retrofit programs. 

29 Id. cl 12. 

30 Id. cl 15. 

31 AUSTRALIAN GOVERNMENT, NATIONAL CLEAN AIR AGREEMENT: TOWARDS A CLEAN AIR FUTURE FOR ALL 

AUSTRALIANS (Dec. 2015), http://www.environment.gov.au/system/files/resources/188756ab-ed94-4a3c-9552-

62763ca86a7f/files/national-clean-air-agreement.pdf, archived at https://perma.cc/B46Z-N4UR. 

32 National Clean Air Agreement, DEPARTMENT OF ENVIRONMENT AND ENERGY, http://www.environment. 

gov.au/protection/air-quality/national-clean-air-agreement (last visited Apr. 4, 2018), archived at 

https://perma.cc/TCH2-SV8H. 
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priorities. The work plan would be periodically reviewed to maintain 

accountability and ensure continued relevance.33

At the time the Agreement was made, the environment ministers also agreed to three key initial 

actions under the Agreement, being the introduction of product emission standards for outdoor 

power equipment and marine engines (discussed below, Part IV); measures to reduce air 

pollution from wood heaters; and strengthened ambient air quality reporting standards for 

particle pollution.34

With respect to wood heaters, the Department of the Environment and Energy states that state 

and territory governments are working towards adopting standards for new wood heaters and 

“have agreed to share cost effective approaches tailored for local conditions and priorities.”35 

With respect to particle pollution, “[a]ll jurisdictions have agreed to implement strengthened 

standards for particles, with a longer-term goal to move to even tighter standards for annual 

average and 24-hour PM2.5 particles in 2025.”36 The ambient air quality NEPM was amended to 

reflect the agreed reporting standards and long-term goal.37

According to the factsheet referred to above, 

[a] range of other actions that may be considered under the agreement include: 

 Strengthening the sulfur dioxide, nitrogen dioxide and ozone reporting standards 

in the National Environment Protection (Ambient Air Quality) Measure 

 Initiatives to reduce localised emissions, including from non-road diesel engines 

and ships 

 A review of Australia’s fuel quality standards legislation. 

 Partnership opportunities with business to influence positive air quality 

outcomes. 

 A focus on strengthening knowledge, education and awareness about air quality. 

An Air Project Management Group was established to support the implementation of the 

Agreement and has developed a priority-setting process to guide considerations when 

recommending air quality priorities to environment ministers for inclusion in the work plan.38

 

33 DEPARTMENT OF THE ENVIRONMENT, NATIONAL CLEAN AIR AGREEMENT – FACT SHEET (2015), 

http://www.environment.gov.au/system/files/resources/b5dc33df-06a4-47b7-95bc-57b5c2b7c9b0/files/factsheetclean-air-agreement.pdf, archived at https://perma.cc/E68L-F5CH. 

34 National Clean Air Agreement, supra note 32. 

35 Id. 

36 Id. 

37 Variation to the National Environment Protection (Ambient Air Quality) Measure 2015 (Cth), 

https://www.legislation.gov.au/Details/F2016L00084, archived at https://perma.cc/MBM5-TSQE. 

38 DEPARTMENT OF THE ENVIRONMENT AND ENERGY, NATIONAL CLEAN AIR AGREEMENT PRIORITY SETTING 

PROCESS 4 (Sept. 2016), http://www.environment.gov.au/system/files/resources/17c52c58-f3b9-4466-9ea1-

d4c7d7657ea8/files/national-clean-air-agreement-priority-setting-process.pdf, archived at https://perma.cc/VE4PW4RC. 
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Information regarding the current review of the fuel quality standards legislation is provided 

below, Part VI. 

IV. Product Emissions Standards Act 2017 

The Product Emissions Standards Act 2017 (Cth),39 which came into force on September 15, 

2017, “establishes a national framework to enable Australia to address the adverse impacts of air 

pollution from certain products on human and environmental health.” 40 Under the Act, the 

relevant federal government minister can prescribe emission-controlled products and make rules 

relating to those products.41 

Further to the agreed work program under the National Clean Air Agreement, the first emissionscontrolled products to be covered by the new framework, as specified in the Product Emissions 

Standards Rules 2017 (Cth) (effective January 11, 2018), are new outdoor power equipment 

(“non-road engine”) and marine engines (“propulsion marine engine”).42 The Rules establish 

Australian Emissions Standards for these products, which integrate particular technical 

requirements that are applicable in the United States under Title 40 of the Code of Federal 

Regulations.43 The Rules also cover Australian certification of the products and recognize certain 

foreign certifications.44

V. Fuel Quality Standards 

The information in this section relates to the fuel quality standards regime currently in place at 

the national level in Australia. As discussed in Part VII, below, the standards are currently under 

review by the Ministerial Forum on Vehicle Emissions, including consideration of harmonization 

with different international standards. 

A. Fuel Quality Standards Act 2000 

The Fuel Quality Standards Act 2000 (Cth), together with the Fuel Quality Standards 

Regulations 2001 (Cth),45 “provides the legislative basis for national fuel quality and fuel quality 

information standards for Australia. Where a State or Territory has fuel quality standards in 

 

39 Product Emissions Standards Act 2017 (Cth), https://www.legislation.gov.au/Details/C2017A00104, archived at 

https://perma.cc/9ANH-UU2A. 

40 Product Emissions Standards, DEPARTMENT OF THE ENVIRONMENT AND ENERGY, http://www.environment.gov. 

au/protection/air-quality/emissions-standards (last visited Apr. 4, 2018), archived at https://perma.cc/7MYP-N3W8. 

41 Id. 

42 Id.; Product Emissions Standards Rules 2017 (Cth), cl 6, https://www.legislation.gov.au/Details/F2018L00021, 

archived at https://perma.cc/AFC3-X63F. 

43 Product Emissions Standards Rules 2017 (Cth), pt 3. 

44 Id. pt 4. 

45 Fuel Quality Standards Regulations 2001 (Cth), https://www.legislation.gov.au/Details/F2017C00651, archived at 

https://perma.cc/Y4XK-99TP. 
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place, the Commonwealth standards operate concurrently. State or Territory standards apply 

where they regulate a fuel characteristic not covered by the Commonwealth standards.”46 

The objectives of the Fuel Quality Standards Act 2000 (Cth) are to 

(a) regulate the quality of fuel supplied in Australia in order to: 

(i) reduce the level of pollutants and emissions arising from the use of fuel that 

may cause environmental and health problems; and 

(ii) facilitate the adoption of better engine technology and emission control 

technology; and 

(iii) allow the more effective operation of engines; and 

(b) ensure that, where appropriate, information about fuel is provided when the fuel 

is supplied.47

The Department of the Environment and Energy is responsible for setting fuel standards, 

monitoring industry compliance with the standards, granting approvals for businesses to supply 

fuel that varies from the standards, and reviewing fuel standards.48 Before taking certain actions 

under the Act, including making a fuel standard, the relevant federal minister must consult the 

Fuel Standards Consultative Committee. The Committee includes at least one representative 

from each state and territory government plus a representative from the federal government, and 

also includes “at least one person representing fuel producers, a non-government body with an 

interest in the protection of the environment, and a person representing the interests 

of consumers.”49

An independent review of the Act was completed in April 2016, with the final report showing 

that the Act has “led to a quantifiable reduction in the level of pollutants and emissions arising 

from the use of fuel that may cause environmental and health problems.”50 The report contained 

 

46 Fuel Quality, Department of the Environment and Energy, http://www.environment.gov.au/protection/fuel-quality

(last visited Apr. 4, 2018), archived at https://perma.cc/FFM4-LJW5. See also Fuel Quality Standards, 

DEPARTMENT OF THE ENVIRONMENT AND ENERGY, http://www.environment.gov.au/topics/environmentprotection/fuel-quality/standards (last visited Apr. 6, 2018), archived at https://perma.cc/8YMS-AEFY. 

47 Fuel Quality Standards Act 2000 (Cth), s 3, https://www.legislation.gov.au/Details/C2016C00558, archived at 

http://perma.cc/4AK6-SQDK. 

48 Fuel Quality, supra note 46. See also Monitoring, Compliance and Enforcement Program, DEPARTMENT OF THE 

ENVIRONMENT AND ENERGY, http://www.environment.gov.au/protection/fuel-quality/compliance/monitoring (last 

visited Apr. 4, 2018), archived at https://perma.cc/V6HX-HGVJ; Applications to Vary National Fuel Standards, 

DEPARTMENT OF THE ENVIRONMENT AND ENERGY, http://www.environment.gov.au/protection/fuelquality/applications-vary-national-fuel-standards (last visited Apr. 4, 2018), archived at https://perma.cc/5XEBZ9JW. 

49 Fuel Standards Consultative Committee, DEPARTMENT OF THE ENVIRONMENT AND ENERGY,

http://www.environment.gov.au/protection/fuel-quality/standards/consultative-committee (last visited Apr. 4, 2018), 

archived at https://perma.cc/2MQ6-W9EY. 

50 2015 Review of the Fuel Quality Standards Act 2000, DEPARTMENT OF THE ENVIRONMENT AND ENERGY,

http://www.environment.gov.au/protection/fuel-quality/legislation/review-2015 (last visited Apr. 9, 2018), archived 

at https://perma.cc/F93Y-5NMT. 
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several recommendations related to the retention of and possible amendments to the 

legislative framework.51

B. National Standards 

National fuel quality standards have been set for the following fuels:52 

 Petrol (i.e., gasoline):53 Fuel Standard (Petrol) Determination 2001 (Cth)54 

 Ethanol E85:55 Fuel Standard (Ethanol E85) Determination 2012 (Cth)56 

 Diesel:57 Fuel Standard (Automotive Diesel) Determination 2001 (Cth)58 

 Biodiesel:59 Fuel Standard (Biodiesel) Determination 2003 (Cth)60

 Autogas (i.e., LPG for use in motor vehicles):61 Fuel Standard (Autogas) Determination 

2003 (Cth)62

 

51 PACIFIC ENVIRONMENT LIMITED & MARSDEN JACOB ASSOCIATES, REVIEW OF THE FUEL QUALITY STANDARDS 

ACT 2000: FINAL REPORT viii–ix (Apr. 2016), http://www.environment.gov.au/system/files/resources/b9e8164d7f7f-4671-bf62-cacf2eec245a/files/act-review-final-report.pdf, archived at https://perma.cc/T7YK-57CU. 

52 Fuel Quality Legislation and Standards, DEPARTMENT OF THE ENVIRONMENT AND ENERGY,

http://www.environment.gov.au/topics/environment-protection/fuel-quality/legislation (last visited Apr. 4, 2018), 

archived at https://perma.cc/E7ZM-FRN6. 

53 Petrol Fuel Quality Standard, DEPARTMENT OF THE ENVIRONMENT AND ENERGY, http://www.environment. 

gov.au/topics/environment-protection/fuel-quality/standards/petrol (last visited Apr. 11, 2018), archived at 

https://perma.cc/A3S8-FGBH. 

54 Fuel Standard (Petrol) Determination 2001 (Cth), https://www.legislation.gov.au/Details/F2008C00344, archived 

at https://perma.cc/RY88-Y4BG. 

55 Ethanol E85 Fuel Quality and Fuel Quality Information Standards, DEPARTMENT OF THE ENVIRONMENT AND 

ENERGY, http://www.environment.gov.au/topics/environment-protection/fuel-quality/standards/ethanol-e85 (last 

visited Apr. 11, 2018), archived at https://perma.cc/4LZU-VQEJ. 

56 Fuel Standard (Ethanol E85) Determination 2012 (Cth), https://www.legislation.gov.au/Details/F2012L01770, 

archived at https://perma.cc/3MML-PT42. 

57 Diesel Fuel Quality Standard, DEPARTMENT OF THE ENVIRONMENT AND ENERGY, http://www.environment. 

gov.au/protection/fuel-quality/standards/diesel (last visited Apr. 11, 2018), archived at https://perma.cc/HJA3-

R22C. 

58 Fuel Standard (Automotive Diesel) Determination 2001 (Cth), https://www.legislation.gov.au/Details/F2 

009C00145, archived at https://perma.cc/GU7A-HQQC. 

59 Biodiesel Fuel Quality Standard, DEPARTMENT OF THE ENVIRONMENT AND ENERGY, http://www.environment. 

gov.au/protection/fuel-quality/standards/biodiesel (last visited Apr. 11, 2018), archived at https://perma.cc/64BF4XRY. 

60 Fuel Standard (Biodiesel) Determination 2003 (Cth), https://www.legislation.gov.au/Details/F2009C00146, 

archived at https://perma.cc/TK4D-2ADD. 

61 Autogas Fuel Quality Standard, DEPARTMENT OF THE ENVIRONMENT AND ENERGY, http://www.environment. 

gov.au/topics/environment-protection/fuel-quality/standards/autogas (last visited Apr. 11, 2018), archived at

https://perma.cc/6FW9-FK4S. 

62 Fuel Standard (Autogas) Determination 2003 (Cth), https://www.legislation.gov.au/Details/F2014C01226, 

archived at https://perma.cc/MZN2-C6V6. 
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In addition, a fuel quality information labeling standard has been made for ethanol E1063 (in 

petrol) and ethanol E85.64 In 2003, under the Fuel Standard (Petrol) Determination 2001 (Cth), 

Australia capped the level of ethanol that can be added to petrol at 10%;65 the fuel quality 

information standard requires service stations to display labels indicating the percentage of 

ethanol where petrol contains more than 1% ethanol.66 

VI. Vehicle Emissions Standards 

A. Australian Design Rules and Harmonization 

National emissions standards for newly manufactured and imported new or second hand motor 

vehicles are contained in the Australian Design Rules (ADRs), which are authorized by the 

Motor Vehicle Standards Act 1989 (Cth).67 The ADRs are currently in their third edition. The 

Department of Infrastructure, Regional Development and Cities (DIRDC), which is responsible 

for managing policy and standards development on vehicle emissions, explains that 

[t]he ADRs apply to vehicles in accordance with the “applicability dates” set out at the 

beginning (usually in an applicability table) of each standard. These dates (and not the 

year listed in the title of the standard—which in many cases only represents when the 

ADR was re-made for the FRL [Federal Register of Legislation]) are the key to 

identifying which ADR applies for a particular year of manufacture of a new or 

used vehicle. 

Users of the ADRs should be aware that in some circumstances ADRs referred to here 

can have application to vehicles other than new vehicles. There are two ways this 

can occur: 

Firstly, other laws may call up the ADRs. For example, each state and territory generally 

requires vehicles manufactured to a particular set of ADRs to continue to comply with 

them (or a later version) while in-service. 

Secondly, the Motor Vehicle Standards Act 1989 call up the ADRs for used 

commercially imported vehicles. This generally requires vehicles to comply with the 

ADRs applicable when the vehicles were originally manufactured (Note: used imported 

 

63 Ethanol Labelling Standard, DEPARTMENT OF THE ENVIRONMENT AND ENERGY, http://www.environment.gov. 

au/topics/environment-protection/fuel-quality/standards/ethanol-e10 (last visited Apr. 6, 2018), archived at

https://perma.cc/8EG4-AL6Q; Fuel Quality Information Standard (Ethanol) Determination 2003 (Cth), as amended, 

https://www.legislation.gov.au/Details/F2006C00551, archived at https://perma.cc/33PT-JGQ4. 

64 Ethanol E85 Fuel Quality and Fuel Quality Information Standards, supra note 55; Fuel Quality Information 

Standard (Ethanol E85) Determination 2012 (Cth), https://www.legislation.gov.au/Details/F2012L01771, archived 

at https://perma.cc/2KJL-U29Y. 

65 Fuel Quality Standard (Petrol) Determination 2001 (Cth) cl 3. 

66 Fuel Quality Information Standard (Ethanol) Determination 2003 (Cth) cls 3 & 4. 

67 Motor Vehicle Standards Act 1989 (Cth), pt 2, https://www.legislation.gov.au/Details/C2016C00857, archived at 

https://perma.cc/G966-G8C8. 
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trucks exceeding 12 tonnes and used imported buses with more than 12 seating positions 

must comply with the latest ADRs).68

As indicated in this explanation, “[t]he regulation of emissions from vehicles once they are on 

the road (in-service) is the responsibility of the state and territory governments.”69

In making the standards contained in the ADRs, the relevant minister is able to incorporate 

documents “produced by the Economic Commission for Europe, the International 

Electrotechnical Commission, the International Organization for Standardization or Standards 

Australia or by any other organisation that is determined, by legislative instrument, by the 

Minister.”70 Before determining the standards, the minister must consult with relevant state and 

territory authorities, persons or organizations involved in the road vehicle industry, and 

organizations representing road users.71 

In terms of harmonization, the DIRDC states that 

[t]he Australian Government’s policy is to harmonise the national vehicle safety 

standards with international regulations where possible and consideration is given to the 

adoption of the international regulations of the United Nations Economic Commission for 

Europe (UNECE). Australia is a signatory to the UNECE 1958 Agreement and the 1998 

Agreement. The policy to harmonise is also important to fulfil World Trade Organisation 

and Asia Pacific Economic Cooperation commitments.72

B. Current ADRs on Emissions 

Emission requirements and standards for new vehicles are currently contained in ADR 79/04 

(Emission Controls for Light Vehicles) 73 and ADR 80/03 (Emission Control for Heavy 

Vehicles).74 Appendix A of ADR 79/04 incorporates Regulation No. 83 of the United Nations 

Economic Commission for Europe, titled “Uniform provisions concerning the approval of 

 

68 Third Edition Australian Design Rules, DEPARTMENT OF INFRASTRUCTURE, REGIONAL DEVELOPMENT AND 

CITIES, https://infrastructure.gov.au/vehicles/design/adr_online.aspx (last updated Apr. 6, 2018), archived at 

https://perma.cc/CEJ8-TY9Y. 

69 Vehicle Emission Standards, DEPARTMENT OF INFRASTRUCTURE, REGIONAL DEVELOPMENT AND CITIES, 

https://infrastructure.gov.au/vehicles/environment/emission/index.aspx (last updated Apr. 6, 2018), archived at

https://perma.cc/E4M7-4C47. 

70 Motor Vehicle Standards Act 1989 (Cth), s 7A. 

71 Id. s 8. 

72 Australian Design Rules, DEPARTMENT OF INFRASTRUCTURE, REGIONAL DEVELOPMENT AND CITIES, 

https://infrastructure.gov.au/vehicles/design/ (last updated Apr. 6, 2018), archived at https://perma.cc/N98WVTQN. 

73 Vehicle Standard (Australian Design Rule 79/04 – Emission Control for Light Vehicles) 2011 (Cth), 

https://www.legislation.gov.au/Details/F2012C00284, archived at https://perma.cc/2VNW-TQ6H. 

74 Vehicle Standard (Australian Design Rule 80/03 – Emission Control for Heavy Vehicles) 2006 (Cth), 

https://www.legislation.gov.au/Details/F2013C00048, archived at https://perma.cc/8GQQ-R3XV. 
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vehicles with regard to the emission of pollutants according to engine fuel requirements.”75 The 

current minimum standard in ADR 80/03 is “based on the Euro V standards, with equivalent US 

or Japanese standards accepted as alternatives.”76

In addition to these requirements, ADR 81/02 contains requirements for fuel consumption and 

emissions labeling for light vehicles. 77 The required label “indicates the vehicle’s fuel 

consumption in litres of fuel per 100 kilometres (L/100km) and its emissions of carbon dioxide 

(CO2) in grams per kilometre (g/km).”78 The intention is to provide information to consumers; 

there are no current fuel economy standards for light vehicles. 

As discussed in Part VII, below, “[t]he Australian Government’s Ministerial Forum on Vehicle 

Emissions is currently undertaking a review to consider whether Australia should adopt the Euro 

6 standards for light vehicles and Euro VI standards for heavy vehicles.”79 It is also considering 

whether to introduce mandatory vehicle fuel efficiency standards.80

VII. Ministerial Forum on Vehicle Emissions 

On October 31, 2015, the Australian Government announced the establishment of the Ministerial 

Forum on Vehicle Emissions to conduct a “whole of government review of vehicle emissions.”81

The Ministerial Forum is “supported by an interdepartmental working group which is examining 

issues [related] to reduced vehicle emissions, including the implementation of Euro 6 noxious 

emissions standards, fuel quality standards, fuel efficiency measures (CO2) for light vehicles, 

and emission testing arrangements.”82 

 

75 Id. App. A, https://www.legislation.gov.au/Details/F2012C00284/Html/Volume_2, archived at 

https://perma.cc/Q34Y-BFFU. 

76 Vehicle Emission Standards, supra note 69. 

77 Vehicle Standard (Australian Design Rule 81/02 — Fuel Consumption Labelling for Light Vehicles) 2008 (Cth), 

https://www.legislation.gov.au/Details/F2012C00282, archived at https://perma.cc/YAT5-39JJ; Fuel Consumption 

Label, DEPARTMENT OF INFRASTRUCTURE, REGIONAL DEVELOPMENT AND CITIES, https://infrastructure.gov.au/ 

vehicles/environment/fuel_consumption_label.aspx (last updated Apr. 6, 2018), archived at https://perma.cc/46FTBBH8. 

78 Fuel Consumption Label, GREEN VEHICLE GUIDE, http://www.greenvehicleguide.gov.au/pages/Information/Fuel 

ConsumptionLabel (last visited Apr. 9, 2018), archived at https://perma.cc/M9AS-3L79. 

79 Vehicle Emission Standards, supra note 69. 

80 For background information on the consideration of such a measure in Australia, see Matthew James, Vehicle 

Fuel Efficiency Standards, AUSTRALIAN PARLIAMENTARY LIBRARY (June 28, 2013), https://www.aph.gov. 

au/About_Parliament/Parliamentary_Departments/Parliamentary_Library/pubs/BN/2012-2013/Vehicle 

FuelStandards, archived at https://perma.cc/X9TS-3KZV. See also Anna Mortimore, Australia Has Stalled on Car 

Efficiency, THE CONVERSATION (June 8, 2017), https://theconversation.com/australia-has-stalled-on-car-efficiency78920, archived at https://perma.cc/4L3R-JT5T. 

81 Vehicle Safety & the Environment, DEPARTMENT OF INFRASTRUCTURE, REGIONAL DEVELOPMENT AND CITIES, 

https://infrastructure.gov.au/vehicles/environment/ (last updated Apr. 6, 2018), archived at https://perma.cc/7727-

ZQ7C. 

82 Id. 
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In announcing the review, the Minister for Urban Infrastructure and Cities, Paul Fletcher, stated 

as follows: 

Presently we do not have the same levels of smog pollution in Australia that other 

countries face. Nevertheless, we must work hard to keep our air clean and reduce CO2 

emissions that contribute to climate change by ensuring our new vehicles meet world’s 

best standards. 

Tough noxious emissions standards already ensure that air quality in Australian cities is 

good by international standards, but we are taking direct action on climate change 

through a range of initiatives. It is the Australian Government’s policy to harmonise our 

vehicle standards with international standards developed through the United Nations. 

We have recently adopted the United Nations based Euro 5 noxious emissions standards 

for light and heavy vehicles and are now considering the adoption of Euro 6. We are also 

working with other countries to improve the vehicle testing arrangements for 

noxious emissions.83

The press release further stated that “Australia already has in place a mandatory consumer 

information programme that mandates fuel efficiency labelling on new cars, as well as a 

voluntary programme through the Green Vehicle Guide that aims to assist consumers to make 

informed purchasing decisions,” and that “[t]he Government will examine further measures such 

as incentives and standards to encourage the purchase of more fuel efficient vehicles.”84

In February 2016, the Ministerial Forum released a discussion paper on possible measures for 

reducing Australia’s vehicle emissions.85 Following consideration of the submissions received on 

the discussion paper, the Ministerial Forum released three further consultation documents in 

December 2016: 

 A discussion paper on improving the fuel standards under the Fuel Quality Standards Act 

2000 (Cth)86 

 

83 Press Release, Hon. Paul Fletcher MP, Turnbull Government to Review Approach to Vehicle Emissions (Oct. 31, 

2015), http://minister.infrastructure.gov.au/pf/releases/2015/October/pf014_2015.aspx, archived at

https://perma.cc/27U9-KRVH. 

84 Id. 

85 MINISTERIAL FORUM ON VEHICLE EMISSIONS, VEHICLE EMISSIONS DISCUSSION PAPER (Feb. 2016), 

https://infrastructure.gov.au/vehicles/environment/forum/files/Vehicle_Emissions_Discussion_Paper.pdf, archived 

at https://perma.cc/6232-ZQRS. 

86 MINISTERIAL FORUM ON VEHICLE EMISSIONS, BETTER FUEL FOR CLEANER AIR: DISCUSSION PAPER (Dec. 2016), 

http://www.environment.gov.au/system/files/consultations/f3f4acc3-f9e6-4cc3-8a1e-a59a6490cffd/files/better-fuelcleaner-air.pdf, archived at https://perma.cc/2TJL-BDQ2. 
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 A draft regulation impact statement (RIS) on strengthening noxious gas emissions standards 

for vehicles (under the ADRs)87

 A draft RIS on improving the efficiency of new light vehicles88

Subsequently, in January 2018, the Ministerial Forum released a draft RIS 89 proposing 

improvements to the fuel standards under the Fuel Quality Standards Act 2000 (Cth), with the 

goal of bringing Australia’s fuel quality “into line with international standards.”90 Submissions 

on the RIS closed on March 8, 2018. 

 

Following continued public consultation, the Ministerial Forum “intends to provide a draft 

implementation plan on potential measures for consideration by Government.”91

A. Proposed Changes to Fuel Quality Standards 

The draft RIS related to fuel quality standards notes that the existing legislative instruments 

under the Fuel Quality Standards Act 2000 (Cth) are due to sunset (i.e., cease to have effect) in 

2019.92 Changes are proposed to “many parameters” in the five existing fuel standards, “most 

notably, to levels of sulfur, aromatics and possibly octane in petrol, as well as polycyclic 

aromatic hydrocarbons (PAHs) and cetane in diesel.”93 In addition, a new standard is proposed 

for a B20 diesel-biodiesel blend.94

The RIS states that proposed reforms focus on petrol because “Australia’s petrol is not as high 

quality as petrol in other OECD countries.”95 Three policy options are considered, including (A) 

maintaining the status quo; (B) revising the fuel standards to harmonize with European 

standards, including phasing out regular unleaded petrol as well as broadening the scope of the 

 

87 MINISTERIAL FORUM ON VEHICLE EMISSIONS, VEHICLE EMISSIONS STANDARDS FOR CLEANER AIR: DRAFT 

REGULATION IMPACT STATEMENT (Dec. 2016), https://infrastructure.gov.au/vehicles/environment/ 

forum/files/Vehicle_Noxious_Emissions_RIS.pdf, archived at https://perma.cc/457P-RYZL. 

88 MINISTERIAL FORUM ON VEHICLE EMISSIONS, IMPROVING THE EFFICIENCY OF NEW LIGHT VEHICLES: DRAFT 

REGULATION IMPACT STATEMENT (Dec. 2016), https://infrastructure.gov.au/vehicles/environment/forum/ 

files/Vehicle_Fuel_Efficiency_RIS.pdf, archived at https://perma.cc/5V4J-4JK3. 

89 MINISTERIAL FORUM ON VEHICLE EMISSIONS, BETTER FUEL FOR CLEANER AIR: DRAFT REGULATION IMPACT 

STATEMENT (Jan. 2018), http://www.environment.gov.au/system/files/consultations/56be59ae-a8ff-4c7e-8586-

6b25b975b212/files/better-fuel-cleaner-air-draft-ris.pdf, archived at https://perma.cc/EFW8-ALAR. 

90 Review of the Fuel Standards, DEPARTMENT OF THE ENVIRONMENT AND ENERGY, http://www.environment. 

gov.au/protection/fuel-quality/standards/review (last visited Apr. 6, 2018), archived at https://perma.cc/KQF5-

W2BR. See also Ministerial Forum on Vehicle Emissions, DEPARTMENT OF INFRASTRUCTURE, REGIONAL 

DEVELOPMENT AND CITIES, https://infrastructure.gov.au/roads/environment/forum/index.aspx (last updated Mar. 13, 

2018), archived at https://perma.cc/7GVZ-HTR4. 

91 Ministerial Forum on Vehicle Emissions, supra note 90. 

92 BETTER FUEL FOR CLEANER AIR: DRAFT REGULATION IMPACT STATEMENT, supra note 89, at x. 

93 Id. 

94 Id. 

95 Id. 
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diesel standard; and (C) harmonizing with European standards, with the exception of retaining 

regular unleaded petrol but with a lower sulfur level.96

Information is provided regarding the cost-benefit analysis for each of these options, with 

different implementation dates considered, along with an assessment of the options against 

certain policy assessment criteria.97 It concludes that option C, above, “is likely to produce the 

greatest community net value.”98

The RIS notes that 

[i]nternational vehicle manufacturers are designing vehicles to meet the more stringent 

fuel efficiency and emissions standards adopted by our trading partners. These vehicles 

are designed to perform optimally on higher quality fuel than is currently available in 

Australia, particularly in relation to petrol sulfur, aromatic and octane levels. 

Harmonisation of Australia’s fuel quality with the quality of fuel that these vehicles are 

designed to operate on will maximise vehicle emissions control system operability and 

fuel efficiency outcomes, and will limit vehicle operability issues (for example, to 

vehicle catalysts). 

Harmonisation with European fuel standards was strongly supported by the Federal 

Chamber of Automotive Industries, which advised that to offer vehicles with world-class 

pollutant emissions standards, Australia must harmonise fuel standards with leading 

overseas markets.99

B. Proposed Changes to Vehicle Emissions Standards 

The draft RIS on noxious gas emissions standards considered the following six regulatory and 

nonregulatory options: 

 Option 1–Business as usual; 

 Option 2–Fleet purchasing policies; 

 Option 3–Voluntary standards; 

 Option 4–Mandate Euro 6 for light vehicles under the Motor Vehicle Standards 

Act 1989; 

 Option 5–Mandate Euro VI for heavy vehicles under the Motor Vehicle Standards 

Act 1989; and 

 Option 6–Mandate both Euro 6 for light vehicles and Euro VI for heavy vehicles 

under the Motor Vehicle Standards Act 1989.100

 

96 Id. 

97 Id. at x–xi. 

98 Id. at 48. 

99 Id. at 15. 

100 VEHICLE EMISSIONS STANDARDS FOR CLEANER AIR: DRAFT REGULATION IMPACT STATEMENT, supra note 87, at 

4. 
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Following a qualitative assessment, options 1, 4, 5, and 6 “were considered viable.”101

The RIS notes that “[i]f the ADRs do not keep pace with international trends, Australia runs the 

risk of foregoing the benefits of technology available in other developed countries. 

Manufacturers may find it more cost effective to continue supplying older technology to the 

Australian market.”102 

C. Possible Introduction of Vehicle Fuel Efficiency Standards 

The draft RIS on vehicle efficiency “examines the case for Australian Government action to 

reduce greenhouse gas emissions by improving the efficiency of new light passenger and 

commercial road vehicles supplied to the Australian market for use in transport.”103 The RIS 

notes that “[a] key policy measure adopted in many countries to give manufacturers stronger 

incentives to supply more efficient vehicles has been the adoption of fuel efficiency or CO2 

standards. These standards are in place in approximately 80 per cent of the global light vehicle 

market–including the US, EU, Canada, Japan, China, South Korea and India.”104

The RIS examines different regulatory and non-regulatory options that could be adopted to 

increase the supply of more efficient vehicles in Australia, including a voluntary fuel efficiency 

standard and a legislated standard.105 It states that 

in the absence of further policy measures, it is likely global vehicle manufacturers will 

continue to only offer those vehicles that are the most cost effective to supply to the 

Australian market. In many cases, this will mean that Australian consumers will not be 

offered some of the most efficient variants available to consumers in other markets with 

fuel efficiency standards.106

In terms of legislated fuel efficiency standards, the RIS states that 

Fuel efficiency standards would set a national average target for new light vehicles sold 

in Australia. Entities that supply vehicles to the Australian market would have obligations 

to report on the volume and efficiency of the vehicles they supply to ensure a national 

average target is met. Over time, this would contribute to improvements in vehicle 

efficiency and reductions in greenhouse gas emissions as more efficient vehicles enter 

the fleet.107

 

101 Id. 

102 Id. at 12. 

103 IMPROVING THE EFFICIENCY OF NEW LIGHT VEHICLES: DRAFT REGULATION IMPACT STATEMENT, supra note 88, 

at 9. 

104 Id. at 20. 

105 Id. at 23. 

106 Id. at 24. 

107 Id. at 27. 
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The RIS notes that three different overall fleet average targets have been assessed, each with a 

phase in period of 2020 to 2025, and provides “an estimate of the likely benefits, costs and 

regulatory burden of implementing these three possible targets.”108 It also considers the different 

ways that a mandatory standard might be implemented.109

 

108 Id. at 28 & App. B. 

109 Id. at 28–29 & App. A. 
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Brazil 

Eduardo Soares 

Senior Foreign Law Specialist

SUMMARY The Brazilian Constitution of 1988 determines that everyone has the right to an ecologically 

balanced environment and imposes on the government the duty to defend and preserve it. 

To implement this principle, in 1990, the law that provides for the country’s environmental 

policy was amended to establish a new environmental policy and a National System of the 

Environment. 

 The National Council of the Environment (CONAMA) was created in 1981 for the purpose 

of advising on and proposing directives for government policies on the environment and natural 

resources. CONAMA is also in charge of regulating atmospheric emissions limits for 

pollutants. In this capacity, CONAMA has issued several resolutions that created, inter alia, 

the Program for Control of Air Pollution by Automotive Vehicles; the National Air Pollution 

Control Program; the Program for the Control of Air Pollution by Motorcycles and Similar 

Vehicles; Vehicle Pollution Control Plans; and Inspection and Maintenance Programs for 

Vehicles in Use. 

 State environmental agencies actively participate in the development of air pollution-related 

resolutions due to their dominant role in the licensing and supervision of pollutiongenerating activities. Representatives of Brazilian industry, municipal governments, and 

civil society are also involved in the discussions, providing resolutions based on the situation 

of the country. 

 In the area of renewable fuel, Brazil has been experimenting with programs geared towards 

ethanol made from sugar cane and biodiesel. In this regard, about 45% of the energy and 

18% of the fuels consumed in Brazil are already renewable. 

I. Constitutional Principle 

Article 225 of the Brazilian Constitution declares that everyone has the right to an ecologically 

balanced environment, which is considered to be a public good for the people’s use and essential 

for a healthy life.1

 It further determines that the government and the community have a duty to 

defend and preserve the environment for present and future generations.2 To this end, it is the 

responsibility of the government to, among other things, require a prior environmental impact 

study as provided by law, which must be made public, for the installation of works or activities 

that may cause significant degradation of the environment;3

 and to control the production, 

 

1

 CONSTITUIÇÃO FEDERAL, art. 225, http://www.planalto.gov.br/ccivil_03/Constituicao/Constituicao.htm, archived 

at https://perma.cc/XKK3-L9TM. 

2 Id. 

3 Id. art. 225(§ 1)(IV). 
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commercialization, and employment of techniques, methods, and substances that carry a risk to 

life, the quality of life, and the environment.4 

II. Legal Framework 

Law No. 6,938 of August 31, 1981, created the National Council of the Environment (Conselho 

Nacional do Meio Ambiente, CONAMA).5 The purpose of the CONAMA is to advise, study, and 

propose to the Council of Government (Conselho de Governo)6 directives for government policies on 

the environment and natural resources,7 and to establish, according to the proposals made by the 

Brazilian Institute of the Environment and Renewable Natural Resources (Instituto Brasileito do Meio 

Ambiente e dos Recursos Naturais Renováveis, IBAMA),8

 norms and criteria for the licensing of 

activities presenting the actual or potential risk of polluting the environment, to be issued by the federal 

government (União), states, the Federal District, and municipalities under the supervision 

of IBAMA.9

 

In 1990, Law No. 8,02810 amended Law No. 6,938 to conform it to the Brazilian Constitution of 

1988. Article 1 of Law No. 6,938 established the National Environmental Policy (Política 

Nacional de Meio Ambiente) and the National System of the Environment (Sistema Nacional do 

Meio Ambiente, SISNAMA).11

The objective of the National Environmental Policy is the preservation, improvement, and 

recovery of environmental qualities proper to life, and to guarantee the necessary conditions for 

 

4 Id. art. 225(§ 1)(V). 

5

 Lei No. 6.938, de 31 de Agosto de 1981, art. 6(II), http://www.planalto.gov.br/ccivil_03/Leis/L6938.htm, archived 

at https://perma.cc/W6WG-XHU3. 

6

 The Council of Government is defined by article 6(I) of Law No. 6,938 of August 31, 1981, as modified by Law 

No. 8,028 of April 12, 1990, as a superior organ, which is part of the National System of the Environment, with the 

function of advising the President of the Republic on the preparation of national policies for the environment and 

environmental resources. 

7

 Lei No. 6.938, art. 6(II). 

8

 The Brazilian Institute of the Environment and Renewable Natural Resources was created by Law No. 7.735 of 

February 22, 1989, as modified by Law No. 11.516 of August 28, 2007, as a federal agency subordinated to the 

Ministry of Environment, for the purpose of exercising the environmental police power (art. 2(I)); and to execute 

actions in connection with the national policies for the environment that are related to the federal powers regarding 

environmental licensing, environmental quality control, authorization for the use of natural resources, and the 

inspection, monitoring, and control of the environment, in accordance with the directives issued by the Ministry of 

the Environment (art. 2(II)). Lei No. 7.735 de 22 de Fevereiro de 1989, as modified by Lei No. 11.516 de 28 de 

Agosto de 2007, http://www.planalto.gov.br/ccivil_03/LEIS/L7735. htm#art2, archived at https://perma.cc/2X9QZE42. 

9

 Decreto No. 99.274, de 6 de Junho de 1990, as amended by Decreto No. 3.942 de 27 de Setembro de 2001, art. 

7(I), http://www.planalto.gov.br/ccivil_03/decreto/Antigos/D99274.htm, archived at https://perma.cc/PLH9-US4N. 

10 Lei No. 8.028, de 12 de Abril de 1990, art. 35, http://www. planalto.gov.br/ccivil_03/Leis/L8028.htm, archived at

https://perma.cc/WLH4-YDUS. 

11 Lei No. 6.938, art.1. 
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the social and economic development of the country, its national security interests, and the 

protection of the dignity of human life, in accordance with the principles listed in the law.12 

The SISNAMA is composed of organs and entities of the federal government (União), states, 

Federal District, territories, and municipalities, as well as the foundations created by the 

government (poder público), which are responsible for the protection and improvement of 

environmental quality.13 

Law No. 6,938 is regulated by Decree No. 99,274 of June 6, 1990, which further details the 

execution of the National Environmental Policy,14 the organizational structure of SISNAMA,15

and the composition16 and competency17 of CONAMA. 

III. Atmospheric Emissions 

In the federal government, CONAMA is the regulatory body in charge of regulating atmospheric 

emissions through resolutions that determine the emission limits of pollutants. In CONAMA, the 

Ministry of the Environment and IBAMA coordinate the discussions that generate the new 

emission limits.18 

With regard to the limits of industrial emissions, the Ministry of Environment has declared that 

the participation of state environmental agencies in the edition of the resolutions is very important 

because of their dominant role in the licensing and supervision of these activities, and the empirical 

knowledge these agencies have of the situations in their territories.19 

According to the Ministry of Environment, representatives of Brazilian industry, municipal 

governments, and civil society are also actively involved in the discussions, providing resolutions 

based on the overall situation of the country and with the collaboration of all sectors.20

A. CONAMA Resolutions 

Since the end of the 1990s, the regulation of air emissions from fixed sources has generated intense 

debates in CONAMA. Such debates culminated in the issuance of several resolutions, including 

Resolution No. 382 of December 26, 2006, and Resolution No. 436 of December 22, 2011, which 

 

12 Id. art. 2. 

13 Id. art. 6. 

14 Id. art. 1. 

15 Id. art. 3. 

16 Id. art. 4. 

17 Id. art. 7. 

18 Fontes Fixas, MINISTÉRIO DO MEIO AMBIENTE, http://www.mma.gov.br/cidades-sustentaveis/qualidade-doar/fontes-fixas (last visited Apr.12, 2018), archived at https://perma.cc/43F6-GWZQ. 

19 Id. 

20 Id. 
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aligned the country with the most pollution limits, air quality, and the protection of the 

environment and human health across the globe.21

1. CONAMA Resolution No. 18 of May 6, 1986

CONAMA Resolution No. 18 of May 6, 198822 provides for the creation of the Program for 

Control of Air Pollution by Automotive Vehicles (Programa de Controle de Poluição do Ar por 

Veículos Automotores, PROCONVE)23 for the purpose of reducing the levels of emission of 

pollutants by automotive vehicles to meet air quality standards, especially in urban centers; 

promoting national technological development, both in automotive engineering and in the methods 

and equipment for testing and measuring the emission of pollutants; creating inspection and 

maintenance programs for motor vehicles in use; promoting awareness of the population regarding 

the issue of air pollution by motor vehicles; establishing conditions for the evaluation of the results 

achieved; and promoting the improvement of the technical characteristics of liquid fuels made 

available to the national fleet of motor vehicles with a view to reducing pollutant emissions to 

the atmosphere. 

2. CONAMA Resolution No. 5 of June 15, 1989

CONAMA Resolution No. 5 of June 15, 198924 created the National Air Pollution Control Program 

(Programa Nacional de Controle da Poluição do Ar, PRONAR),25 and determined the need to establish 

maximum emission limits and adopt national air quality standards, including parameters for the 

emission of gaseous pollutants and particulate matter (PM) by fixed sources. . 

3. CONAMA Resolution No. 3 of June 28, 1990

CONAMA Resolution No. 3 of June 28, 1990,26 provides for the air quality standards set forth in 

PRONAR. It was based on standards (or recommendations) established by the World Health 

Organization, which take into account concentration limits compatible with human health 

and well-being. 

 

21 Id. 

22 Resolução CONAMA No. 18, de 6 de Maio de 1986, http://www.mma.gov.br/port/conama/legislacao/ 

CONAMA_RES_CONS_1986_018.pdf, archived at https://perma.cc/8855-66VM. 

23 PROCONVE, http://www.mma.gov.br/images/arquivo/80060/Arquivos/PROCONVE_atualizado%20em%2021nov13.pdf

(last visited May 21, 2018), archived at https://perma.cc/UAQ3-EJEG. 

24 Resolução CONAMA No. 5, de 15 de Junho de 1989, http://www.mma.gov.br/port/conama/legiabre.cfm? 

codlegi=81, archived at https://perma.cc/4VRY-XZ2J. 

25 PRONAR, http://www.mma.gov.br/estruturas/163/_arquivos/pronar_163.pdf (last visited May 21, 2018), archived 

at https://perma.cc/X2AX-YCW8. 

26 Resolução CONAMA No. 3, de 28 de Junho de 1990, http://www.mma.gov.br/port/conama/legiabre.cfm? 

codlegi=100, archived at https://perma.cc/MW4R-KLHS. 
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Article 1 defines air quality standards as atmospheric concentrations which, if exceeded, could 

affect the health, safety, and well-being of the population, as well as cause damage to the flora, 

fauna, and environment in general.27 Article 2 establishes the concepts to be used for the purposes 

of the resolution.28 Primary Air Quality Standards are defined according to concentrations of 

pollutants that, if exceeded, could affect the health of the population.29 Secondary Air Quality 

Standards address the concentrations of pollutants below which the minimum adverse effect on 

the population’s well-being is expected, as well as the minimum damage to fauna, flora, and the 

environment in general.30 Air quality standards set the objective to be achieved through the control 

strategy established by emission standards and should guide the elaboration of Regional Air 

Pollution Control Plans.31

The primary and secondary air quality standard established for ozone is the average concentration 

over one hour of 160 micrograms per cubic meter of air, which should not be exceeded more than 

once per year.32 

4. CONAMA Resolution No. 8 of December 6, 1990

CONAMA Resolution No. 8 of December 6, 1990, established maximum limits for the emission of 

pollutants into the air from external combustion sources of pollution. This resolution complemented 

PRONAR by setting limits for the concentration of certain pollutants in the air.33

5. CONAMA Resolution No. 297 of February 26, 2002

CONAMA Resolution No. 297 of February 26, 2002,34 establishes emission limits for polluting 

gases by mopeds, motorcycles, and similar new vehicles. Resolution No. 297 led to the creation 

of the Program for the Control of Air Pollution by Motorcycles and Similar Vehicles (Programa 

de Controle da Poluição do Ar por Motociclos e Veículos Similares, PROMOT)35 with the 

objective of complementing PROCONVE’s regulation and contributing, in particular, to reducing 

air pollution by mobile sources in the country. 

 

27 Id. art. 1. 

28 Id. art. 2. 

29 Id. art 2(I). 

30 Id. art 2(II). 

31 Id. art 2(sole para.). 

32 Id. art 3(VI). 

33 Resolução CONAMA No. 8, de 6 de Dezembro de 1990, http://www.mma.gov.br/port/conama/legiabre.cfm? 

codlegi=105, archived at https://perma.cc/A6A5-EP2M. 

34 Resolução CONAMA No. 297, de 26 de Fevereiro de 2002, http://www.mma.gov.br/port/conama/legiabre.cfm? 

codlegi=294, archived at https://perma.cc/ES9G-PYYF. 

35 PROMOT, http://www.mma.gov.br/estruturas/163/_arquivos/promot_163.pdf, archived at

https://perma.cc/K8GR-4FHG. 
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6. CONAMA Resolution No. 382 of December 26, 2006

CONAMA Resolution No. 382 of December 26, 2006, established maximum emission limits for 

atmospheric pollutants for fixed sources. It represented a change of approach to the topic. In 

previous PRONAR resolutions, air quality was considered as the basic parameter, assuming a 

higher level of emissions where atmospheric conditions were more favorable. In contrast, 

Resolution 382 establishes specific emission limits for each type of source or fuel used. It applies 

to all fixed sources installed since its enactment in 2007.36 Industrial facilities, new or old, must 

meet the requirements. The limits are set by pollutant and by type of source and are listed in the 

annexes of the Resolution.37

7. CONAMA Resolution No. 415 of September 24, 2009

On September 24, 2009, CONAMA approved Resolution 415,38 which introduced the L6 Phase 

that came into force in 2013. Phase L6 established new limits for the exhaust emission of light 

passenger vehicles and light commercial vehicles. Both categories are for road use and include 

both Otto cycle and Diesel cycle vehicles.39

Phase L6 established reductions of 67% and 65% in carbon monoxide (CO) and nitrogen oxide 

(NOx) emissions, respectively, in addition to improvements in fuel quality. The main technological 

innovation foreseen in this phase was the use of self-diagnosis devices, which were made 

mandatory for light vehicles in the Diesel cycle, as of January 1, 2015.40

8. CONAMA Resolution No. 418 of November 25, 2009

CONAMA Resolution No. 418 of November 25, 2009, provides criteria for the elaboration of 

Vehicle Pollution Control Plans (Planos de Controle de Poluição Veicular, PCPV) and for the 

implementation of Inspection and Maintenance Programs of Vehicles in Use (Programas de 

Inspeção e Manutenção de Veículos em Uso, I/M) by state and municipal environmental agencies, 

and determines new emission limits and procedures for the evaluation of the state of maintenance 

of vehicles in use.41

The PCPV is an instrument for air quality management of PRONAR and PROCONVE, for the 

purpose of establishing rules for the management and control of emissions of pollutants and fuel 

 

36 Resolução CONAMA No. 382, de 26 de Dezembro de 2006, http://www.mma.gov.br/port/conama/res/res06/ 

res38206.pdf, archived at https://perma.cc/F5V9-FGUA. 

37 Id. art. 1. 

38 Resolução CONAMA No. 415, de 24 de Setembro de 2009, http://www.mma.gov.br/port/conama/legiabre.cfm? 

codlegi=615, archived at https://perma.cc/AB8C-UAFP. 

39 PROCONVE, supra note 23 at 3. 

40 Id. at 4. 

41 Resolução CONAMA No. 418, de 25 de Novembro de 2009, http://www.mma.gov.br/port/conama/legiabre.cfm? 

codlegi=618, archived at https://perma.cc/FE9Z-QJKG. 
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consumption of vehicles.42 The PCPV is to be prepared by the state environmental agencies after 

hearing the municipalities and the PCPV of the Federal District should be based on an inventory of 

emissions from mobile sources and, when applicable, the monitoring of air quality, with the goal of 

reducing the emission of pollutants and fuel consumption. A Vehicle Inspection and Maintenance 

Program in Use (I/M) may be included when necessary.43

9. CONAMA Resolution No. 436 of December 22, 2011

CONAMA Resolution No. 436 of December 22, 2011, restricts the emissions of pollutants from 

thirteen of the main industrial sectors, determining emission limits of the main pollutants with firm 

deadlines for the implementation of the changes.44 It establishes the maximum emission limits for 

atmospheric pollutants for installed fixed sources or with an application for an installation license 

prior to January 2, 2007, thus complementing CONAMA Resolutions 5 and 382, imposing new 

limits on old sources. For most industry segments, the limits have been matched, meaning old 

factories will have to modernize and substantially reduce their emissions, matching the 

new plants.45

According to the Ministry of Environment, this Resolution induced a technological revolution in 

Brazil, being one of the measures of greater environmental impact that CONAMA has approved 

in recent years. It brought about a profound technological change to the country’s industrial parks 

and significantly reduced the emissions of the industries located there, which are the oldest and 

located within the most consolidated urban areas, thus having greater polluting impacts.46

B. Law No. 8,723 of October 28, 1993 

On October 28, 1993, Law No. 8,723 was enacted to compel manufacturers of engines, vehicles, 

and fuel to take the necessary measures to reduce the emission levels of CO, nitrogen oxides 

(NOX), hydrocarbons, alcohols, aldehydes (RCHO), soot, PM, and other pollutant compounds in 

the vehicles sold in the country, and to adapt to the emission limits and deadlines established in 

Law No. 8,723.47

Article 3 of Law No. 8,723 determines that the bodies responsible for establishing procedures for 

testing, measuring, certifying, licensing, and evaluating emission levels of vehicles, as well as all 

 

42 Id. art. 3. 

43 Id. art. 4. 

44 Resolução CONAMA No. 436, de 22 de Dezembro de 2011, 

http://www.mma.gov.br/port/conama/legiabre.cfm?codlegi=660, archived at https://perma.cc/Q9VZ-BQRD. 

45 “Resolução CONAMA No. 436, de 22 de Dezembro de 2011,” Fontes Fixas, MINISTÉRIO DO MEIO AMBIENTE, 

http://www.mma.gov.br/cidades-sustentaveis/qualidade-do-ar/fontes-fixas, archived at https://perma.cc/T85BGJQX. 

46 Id. 

47 Lei No. 8.723, de 28 de Outubro de 1993, art. 1, http://www.planalto.gov.br/ccivil_03/leis/L8723.htm, archived at

https://perma.cc/V6TU-PYUX. 
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complementary measures related to the control of pollutants by motor vehicles, are CONAMA and 

IBAMA, in line with PROCONVE, respecting the metrological system in force in the country.48

The use of automotive fuels classified by IBAMA as having low polluting potential is encouraged 

and prioritized, especially in metropolitan regions.49 State and municipal governments are 

authorized to establish, through specific plans, standards and additional air pollution control 

measures for circulating motor vehicles, in accordance with the requirements of PROCONVE and 

its complementary measures.50 Governmental environmental agencies at the federal, state, and 

municipal levels, as of the publication of Law No. 8,723, monitor the quality of atmospheric air 

and establish guidelines and programs for its control, especially in urban centers with a population 

of more than five hundred thousand inhabitants and in the peripheral areas under the direct 

influence of these regions.51

C. National Inventory of Atmospheric Emissions by Automotive Road Vehicles 

In 2011, the first National Inventory of Atmospheric Emissions by Road Vehicles (1o Inventário 

Nacional de Emissões Atmosféricas por Veículos Automotores Rodoviários)52 was launched as a way 

of implementing and monitoring the results of PROCONVE and PRONAR. The National Inventory 

estimates national emissions of air pollutants and greenhouse gases in the cargo and passenger 

transport sectors.53

The second National Inventory of Atmospheric Emissions by Road Vehicles 2013: Base-Year 

2012 continues the strategy of periodically updating the inventory, providing official data from 

1980 to 2012 on emissions of pollutants regulated by PROCONVE (CO, NOx, non-methane 

hydrocarbons [NMHC], RCHO, and PM), in addition to greenhouse gases (carbon dioxide [CO2], 

methane [CH4], and nitrous oxide [N2O]). Emissions of PM due to tire wear, brakes, and runways 

were also inventoried.54

 

48 Id. art. 3. 

49 Id. art. 11. 

50 Id. art. 12. 

51 Id. art. 15. 

52 1o INVENTÁRIO NACIONAL DE EMISSÕES ATMOSFÉRICAS POR VEÍCULOS AUTOMOTORES RODOVIÁRIOS 5 (2011), 

http://www.mma.gov.br/images/arquivo/80060/1o_Inventario_Nacional_de_Emissoes_Atmosfericas_por_Veiculos_

Automotores_Rodoviarios.PDF, archived at https://perma.cc/P5E4-VKLN. This document presents emissions from 

1980 to 2009 and projections for 2020 of pollutants regulated by the PROCONVE and PROMOT programs (CO, 

NOx, non-methane hydrocarbons [NMHC], RCHO, and PM) in addition to greenhouse gases (carbon dioxide 

[CO2], and methane [CH4]). 

53 INVENTÁRIO NACIONAL DE EMISSÕES ATMOSFÉRICAS POR VEÍCULOS AUTOMOTORES RODOVIÁRIOS 2013: ANOBASE 2012, at 4, http://www.mma.gov.br/images/arquivo/80060/Inventario_de_Emissoes_por_Veiculos_ 

Rodoviarios_2013.pdf, archived at https://perma.cc/SU5R-YUCY. 

54 Id. 
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The 2011 and 2013 studies were used in preparing the Transport and Urban Mobility Sector Plan 

for Climate Change Mitigation and Adaptation (Plano Setorial de Transporte e de Mobilidade 

Urbana para Mitigação e Adaptação à Mudança do Clima, PSTM), and updating the National Plan 

for Climate Change (Plano Nacional de Mudanças do Clima), in addition to other national and 

regional applications. 

IV. Renewable Fuel 

The Brazilian quest for a substitute to fossil fuel started in the 1920s when the Institute of National 

Technology (Instituto Nacional de Tecnologia, INT) tested biofuels in internal combustion 

engines.55 For economic reasons, on February 20, 1931, Decree No. 19,717 made mandatory the 

addition of 5% of ethanol (álcool anidro) produced in Brazil to all imported gasoline.56 On 

September 23, 1938, in order to develop the production of gasoline and the petroleum industry in 

Brazil, the government issued Decree-Law No. 737 making mandatory the addition of ethanol 

(álcool anidro) to gasoline produced in Brazil as well.57 

In 1993, acting on environmental concerns rather than economic ones, the government, in an effort 

to reduce the emission of pollutants by automotive vehicles, issued Law No. 8,723 (discussed 

above), which established as mandatory the addition of 22% of ethanol (álcool etílico anidro 

combustível) to gasoline,58 and determined the amount of allowable gas emissions for different 

types of motor vehicles, as well as the periods of time required for the implementation of these 

measures and compliance by the appropriate industries.59 

A. Ethanol Program (ProÁlcool)

In the 1970s, the petroleum crisis substantially increased oil prices, and the heavy dependence on 

imported oil forced Brazil to launch a national program of commercial renewable fuel, the National 

 

55 Paulo Teixeira de Sousa et al., The Ethanol and Biodiesel Programmes in Brazil, in INTERNATIONAL 

DEVELOPMENT RESEARCH CENTRE, MAKING CHOICES ABOUT HYDROGEN: TRANSPORT ISSUES FOR DEVELOPING 

COUNTRIES 118, 154 (Lynn K. Mytelka & Grant Boyle eds., 2008), http://collections.unu.edu/eserv/UNU: 

2494/pdf9789280811551.pdf, archived at https://perma.cc/LJ7N-GAV6. 

56 Decreto No. 19.717, de 20 de febereiro de 1931, art. 1, http://www2.camara.leg.br/legin/fed/decret/1930-

1939/decreto-19717-20-fevereiro-1931-518991-publicacaooriginal-1-pe.html, archived at https://perma.cc/77MTYW87. 

57 Decreto-Lei No. 737, de 23 de Setembro de 1938, art. 1, http://www2.camara.leg.br/legin/fed/declei/1930-

1939/decreto-lei-737-23-setembro-1938-350748-publicacaooriginal-1-pe.html, archived at https://perma.cc/Q3J2-

A5CX. 

58 Lei No. 8.723 de 28 de Outubro de 1993, art. 9. Currently, the executive branch may raise this percentage up to the 

limit of 27.5%, provided that its technical feasibility is verified, or reduce it to 18%. Id. art. 9(§ 1). 

59 Id. arts. 1, 2.
Regulation of Air Pollution: Brazil 

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Program of Alcohol (Programa Nacional do Álcool, ProÁlcool).60 It was designed to be used as an 

alternative to replace fossil fuel used in automobiles by biofuels, mainly ethanol made from sugar cane.61 

ProÁcool was created by Decree No. 76,593 of November 14, 1975, which offered government 

subsidies, tax breaks, and price controls to producers of sugar cane, manioc, and other raw 

materials, and to investors willing to build distilleries to convert the crops into ethanol.62

B. Biodiesel Program 

On July 2, 2003, the Brazilian government issued a decree creating an interministerial group for the 

purpose of presenting a study about the viability of using biodiesel as an alternative source of energy 

and suggesting the necessary and proper course of action for the use of biodiesel.63 An additional 

decree issued on December 23, 2003, created a committee to implement actions directed to the 

production and use of vegetable-oil biodiesel as an alternative source of energy.64 

On January 13, 2005, Brazil promulgated Law No. 11,097,65 which introduced biodiesel66 into the 

Brazilian energy matrix67 and expanded the administrative competency of the National Agency of 

Petroleum to also include natural gas and biofuels as part of the activities regulated by the agency.68 As 

a consequence, the agency’s name was changed to the National Agency of Petroleum, Natural Gas 

and Biofuels (Agência Nacional do Petróleo, Gás Natural e Biocombustíves, ANP),69 and it was charged 

with regulating and enforcing activities related to the production, quality control, distribution, re-sale, 

and commercialization of biodiesel and the mixture of diesel with biodiesel.70 

 

60 Suani Teixeira Coelho, Sustentabilidade, UNICA, UNIÃO DA INDÚSTRIA DE CANA-DE-AÇUCAR (Nov. 13, 2017), 

http://www.unica.com.br/convidados/20908199920323508121/sustentabilidade/, archived at

https://perma.cc/U5KD-4KE9. 

61 História do Etanol (O álcool combustível), SIAMIG, SINDICATO DA INDÚSTRIA DE FABRICAÇÃO DO ÁLCOOL NO 

ESTADO DE MINAS GERAIS, http://www.siamig.com.br/institucional/etanol (last visited Apr. 12, 2018), archived at

https://perma.cc/U3RV-4KQ7. 

62 Decreto No. 76.593 de 14 de Novembro de 1975, arts. 2, 5, 6, 7, http://www2.camara.leg.br/legin/fed/decret/1970-

1979/decreto-76593-14-novembro-1975-425253-publicacaooriginal-1-pe.html, archived at https://perma.cc/6WQVGB2S. 

63 Decreto de 2 de Julho de 2003, art. 1, http://www.planalto. gov.br/ccivil_03/DNN/2003/Dnn9920.htm, archived at

https://perma.cc/2WAK-HMQV. 

64 Decreto de 23 de Dezembro de 2003, art. 1, http://www. planalto.gov.br/ccivil_03/DNN/2003/Dnn10093.htm, 

archived at https://perma.cc/NVJ9-HS3D.

65 Lei No. 11.097 de 13 de Janeiro de 2005, http://www.planalto.gov.br/ccivil_03/_Ato2004-2006/2005/Lei/ 

L11097.htm, archived at https://perma.cc/9PMW-PH4D. 

66 Pursuant to article 4 of Law No. 11.097, which amended Law No. 9.478 of August 6, 1997, “biodiesel” is defined 

as a biofuel derived from renewable (and biodegradable) biomass (vegetable oils and animal fats) to be used in 

internal combustion engines with ignition by compression or, according to the rules, for the generation of other type 

of energy that can partially or totally replace fossil fuels. 

67 Id. art. 2. 

68 Id. art. 5. 

69 Id. 

70 Id. art. 6. Initially, article 2 of Law No. 11,097 set the minimum mandatory percentage of biodiesel to be added to 
Regulation of Air Pollution: Brazil 

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Law No. 11,097 also amended Article 8 of Law No. 9,478 of August 5, 1997,71 which regulates the 

petroleum industry, to include the enforcement of good practices for the conservation and rational use of 

petroleum, natural gas, and biofuels, and environmental protection in connection with these activities.72 

 

C. Biofuels 

The two main liquid biofuels used in Brazil are ethanol obtained from sugarcane and, on a growing 

scale, biodiesel, which is produced from vegetable oils or animal fats and added to petroleum 

diesel in variable proportions.73

According to ANP, about 45% of the energy and 18% of the fuels consumed in Brazil are already 

renewable. In the rest of the world, 86% of the energy comes from nonrenewable energy sources. 

A pioneer in the use of biofuels, Brazil has reached a position sought by many countries that seek 

to develop renewable energy sources as strategic alternatives to oil.74

 

the diesel fuel marketed to the final consumer at 5% in any part of the national territory. However, on September 24, 

2014, Law No. 13,033 increased the percentage to 6%. Subsequent laws amended this percentage and currently the 

percentage is 10%. Lei No. 13.033, de 24 de Setembro de 2014, http://www.planalto.gov.br/ccivil_03/_Ato2011-

2014/2014/Lei/L13033.htm, archived at https://perma.cc/5XBV-CFAW. 

71 Lei No. 11.097, art. 6. 

72 Lei No. 9.478, de 6 de Agosto de 1997, art. 8(IX), http://www.planalto.gov.br/ccivil_03/Leis/L9478.htm, archived 

at https://perma.cc/QPE5-4C7C. 

73 Biocombustíveis, AGÊNCIA NACIONAL DE PETRÓLEO, GÁS NATURAL E BIOCOMBUSTÍVEL, http://www.anp.gov.br/ 

biocombustiveis (last visited Apr. 13, 2018), archived at https://perma.cc/S2MP-M44T. 

74 Id. 
The Law Library of Congress 45

Canada 

Tariq Ahmad 

Foreign Law Specialist

SUMMARY Canada’s Constitution divides the legislative authority to regulate environmental protection 

between the federal Parliament and the provincial legislatures. The Canadian Environmental 

Protection Act, 1999 is Canada’s main federal legislation on preventing pollution and 

protecting the environment. The Canadian federal government has issued regulations to 

control emissions of criteria air contaminants (nitrogen oxides, sulfur dioxide, carbon 

monoxide, particulate matter, etc.) as well as greenhouse gases. Generally, the Canadian 

approach has been to harmonize emissions standards with the United States Environmental 

Protection Agency’s federal standards. 

I. Overview 

Canada’s Constitution Act, 18671 divides the legislative authority to regulate environmental 

protection between the federal Parliament and the provincial legislatures.2

 Canada is a signatory 

to the Paris Agreement, which it ratified on October 5, 2016.3 Canada’s Nationally Determined 

Contribution (NDC) is to reduce economy-wide greenhouse gas (GHG) emissions by 30% below 

2005 levels by 2030.4 

On December 9, 2016, Canada adopted the Pan-Canadian Framework on Clean Growth and 

Climate Change, the federal government’s plan to “meet its emissions reduction targets and grow 

the economy.”5 A central element of the Pan-Canadian Framework is “the commitment to pricing 

carbon pollution across the country by 2018.”6 In order to implement the commitments Canada 

made under the Paris Agreement, the government has stated that “actions outlined in the PanCanadian Framework, supported by federal investments announced in Budget 2017, will enable 

 

1

 Canada’s Constitution Act, 1867, 30 & 31 Victoria, c. 3 (U.K.), http://laws-lois.justice.gc.ca/eng/const/ 

FullText.html, archived at https://perma.cc/DQ2F-6EMN. 

2 Environmental Law, HISTORICA CANADA (Feb. 1, 2012), http://www.thecanadianencyclopedia.ca/en/article/ 

environmental-law/, archived at https://perma.cc/V864-2ATC. 

3 Paris Agreement, Status as at 21-05-2018, UNITED NATIONS TREATY COLLECTION, https://treaties.un.org/ 

Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=XXVII-7-d&chapter=27&clang=_en, archived at

https://perma.cc/D868-XUWY. 

4 Canada, CLIMATE ACTION TRACKER, http://climateactiontracker.org/countries/canada.html (last updated Nov. 7, 

2017), https://perma.cc/F92X-2TXE; UNITED NATIONS FRAMEWORK CONVENTION ON CLIMATE CHANGE 

(UNFCCC), CANADA’S INDC SUBMISSION TO THE UNFCCC, http://www4.unfccc.int/submissions/INDC/ 

Published%20Documents/Canada/1/INDC%20-%20Canada%20-%20English.pdf, archived at

https://perma.cc/57MQ-YGB6. 

5 Pan-Canadian Framework on Clean Growth and Climate Change, GOVERNMENT OF NORTHWEST TERRITORIES, 

http://www.fin.gov.nt.ca/implementing-pan-canadian-carbon-pricing-northwest-territories/pan-canadian-frameworkclean-growth (last visited Apr. 12 2018), archived at https://perma.cc/J63T-DXWC. 

6 Id. 
Regulation of Air Pollution: Canada 

The Law Library of Congress 46

Canada to meet or even exceed its target to reduce emissions to 30% below 2005 levels by 2030.”7

Canada is also a party to the Climate and Clean Air Coalition to Reduce Short-Lived Climate 

Pollutants, “which is a voluntary initiative aimed at protecting the environment and public health 

and addressing climate change.”8

The Canadian Environmental Protection Act, 1999 (CEPA)9 is Canada’s main federal legislation 

on preventing pollution and protecting the environment. At the federal level, Environment and 

Climate Change Canada (ECCC) and Transport Canada (TC) have the mandate to regulate 

emissions from internal combustion engines. Under CEPA, Environment Canada has the 

“authority to regulate emissions from on-road engines, as well as from most categories of off-road 

engines.”10 The CEPA “transfers the legislative authority for regulating emissions from on-road 

vehicles and engines to Environment Canada from Transport Canada’s Motor Vehicle Safety 

Act.”11 TC, on the other hand, has the responsibility to regulate emissions from aircraft, railway 

locomotives and commercial marine vessels.12 The Canadian federal government has issued 

regulations to control emissions of criteria air contaminants (CAC) (nitrogen oxides, sulfur 

dioxide, carbon monoxide, particulate matter, etc.) as well as GHGs.13 Generally, the Canadian 

approach has been to harmonize emissions standards with the United States Environmental 

Protection Agency’s federal standards: 

In 1988, on-road vehicle emission standards were first aligned with the US federal 

standards. In February 2001, the Minister of the Environment in the Federal Agenda on 

Cleaner Vehicles, Engines and Fuels set out a number of policy measures that continued 

the harmonization of on-road emission standards, as well as expanded this harmonization 

by developing emission standards for off-road engines and standards for fuels that are 

aligned with the federal US requirements.14

 

7

 UNFCCC, Canada’s 2017 Nationally Determined Contribution Submission to the United Nations Framework 

Convention on Climate Change, http://www4.unfccc.int/ndcregistry/PublishedDocuments/Canada%20 

First/Canada%20First%20NDC-Revised%20submission%202017-05-11.pdf, archived at https://perma.cc/8FSJGNZL. 

8

 Jonathan Cocker, Canada, ENV’T & CLIMATE CHANGE L. REV. (2d ed. Feb. 2018), https://thelawreviews. 

co.uk/chapter/1153045/canada, archived at https://perma.cc/Z3V9-Z6BK. 

9

 Canadian Environmental Protection Act, 1999, S.C. 1999, c. 33, http://laws-lois.justice.gc.ca/eng/acts/c15.31/FullText.html, archived at https://perma.cc/UF6N-Y2WS. 

10 Canada: Regulatory Background, TRANSPORTPOLICY.NET, https://www.transportpolicy.net/standard/canadaregulatory-background/ (last visited Apr. 11, 2018), archived at https://perma.cc/TL2M-CSBX. 

11 Air Pollution: Regulations for Vehicles and Engines, ENVIRONMENT AND CLIMATE CHANGE CANADA, 

https://www.canada.ca/en/environment-climate-change/services/air-pollution/sources/transportation/regulationsvehicles-engines.html (last updated July 17, 2013), archived at https://perma.cc/JY2R-A7BH. 

12 Canada: Regulatory Background, TRANSPORTPOLICY.NET, supra note 10. 

13 Emission Standards: Canada, DIESELNET, https://www.dieselnet.com/standards/ca/, archived at

https://perma.cc/9UZZ-W73H. 

14 Id. (footnote in original omitted). 
Regulation of Air Pollution: Canada 

The Law Library of Congress 47

Each Canadian province and territory also has its own environmental legislation, “regulating dayto-day environmental management.”15 

The National Pollutant Release Inventory (NPRI) tracks pollution in Canada, providing a “publicly 

accessible inventory of pollutant releases to air, water and land” and “disposals and transfers for 

recycling.”16 The NPRI “contains information reported annually by industrial facilities (meeting 

certain criteria) and published by Environment Canada under the authority of CEPA 1999. The 

NPRI also includes information on air emission estimates compiled for facilities not required to 

report and various nonindustrial sources (e.g., motor vehicles).”17 NPRI information is mainly used 

to “identify and monitor sources of pollution in Canada, develop indicators for the quality of air, 

water and land, and evaluate releases and transfers of substances of concern.”18 This combined 

information can then be used to “identify and take action on environmental priorities, or to 

implement policy initiatives and risk management measures.”19

II. Emission Standards 

A. Greenhouse Gas Emissions 

The federal government sets GHG emission limits on light-duty vehicles through the Passenger 

Automobile and Light Truck Greenhouse Gas Regulations20 (made pursuant to the Canadian 

Environmental Protection Act, 1999), which are harmonized with US standards set out in the US 

Code of Federal Regulations (CFR). The Regulations were issued in October 2010. 

Section 2 of the Regulations stipulates that the “purpose of these Regulations is to reduce 

greenhouse gas emissions from passenger automobiles and light trucks by establishing emission 

standards and test procedures that are aligned with the federal requirements of the United States.”21

The Regulations “prescribe progressively more stringent annual emission standards for new 

vehicles of model years 2011 to 2016.”22 These Regulations require that “manufacturers and 

importers meet fleet average GHG Emission Standards as well vehicle specific standards for 

 

15 Cocker, supra note 8. 

16 National Pollutant Release Inventory, ENVIRONMENT AND CLIMATE CHANGE CANADA, http://www.ec.gc.ca/inrpnpri/default.asp?lang%BCEn&;n%BC4A577BB9-1 (last updated Dec. 6, 2016), archived at https://perma.cc/5PHD35MZ. 

17 National Pollutant Release Inventory (NPRI) Reporting, NATIONAL COUNCIL FOR AIR AND STREAM 

IMPROVEMENT, http://www.ncasi.org/Programs/Chemical-Reporting/National-Pollutant-Release-Inventory/ 

Index.aspx (last visited Apr. 11, 2018), archived at https://perma.cc/ZV3N-HLZY. 

18 Id. 

19 Id. 

20 Passenger Automobile and Light Truck Greenhouse Gas Emission Regulations (SOR/2010-201), http://lawslois.justice.gc.ca/eng/regulations/SOR-2010-201/FullText.html, archived at https://perma.cc/28YB-WMMT. 

21 Id. § 2. 

22 ENVIRONMENT CANADA, 2014 CANADA’S EMISSIONS TRENDS (2014) https://www.ec.gc.ca/GES-GHG/ 

default.asp?lang=En&n=E0533893-&printfullpage=true, archived at https://perma.cc/3JDC-HEQY. 
Regulation of Air Pollution: Canada 

The Law Library of Congress 48

emissions of methane and nitrous oxides.”23 A summary of the Regulations by the law firm 

Gowling WLG notes that “[f]lexibility is provided including incentives for vehicles with dual-fuel 

capability and advanced technology vehicles. There are optional standards for companies selling 

smaller volumes of vehicles. Companies are required to submit annual reports, and to maintain 

records to confirm compliance with the Regulations.”24

The Government of Canada adopted amendments to the Regulations in 2014 that established a 

“progressively more stringent annual fleet average GHG emission standards over the 2017 to 2025 

model years.” 25The amended regulations included the following requirements: 

For model years 2017 to 2025, cars will be required to achieve, on average, 5% annual 

reductions in GHG emissions. As light trucks are typically used by farmers and 

construction workers, it is equally important that these vehicles can perform the work they 

are required to do. To that end, the proposed regulations provide short-term relief in the 

form of less-aggressive annual reductions. Consequently, light trucks will be required to 

achieve, on average, 3.5% annual GHG emission reductions from model year 2017 to 2021 

and 5% reductions from 2022 to 2025. This will give time for companies to find 

technological solutions that lead to reduced emissions without affecting the utility of their 

trucks. With these regulations, it is projected that 2025 vehicles will consume up to 50% 

less fuel than 2008 vehicles—leading to significant savings at the pump. On average, a 

Canadian driving a model year 2025 vehicle will realize fuel savings of around $900 per 

year compared to driving today’s new vehicles. It is also estimated that 2025 model year 

vehicles will emit close to 50% less GHGs than 2008 vehicles.26

Heavy-duty Vehicle and Engine Greenhouse Gas Emission Regulations27 also exist that 

“set performance-based greenhouse gas emission standards for new on-road heavy-duty vehicles 

(such as highway tractors, buses and dump trucks) and their engines made in 2014 and later 

years.”28 These standards and procedures are also “aligned with those of the US Code of Federal 

 

23 Passenger Automobile and Light Truck Greenhouse Gas Emissions Regulations, LEXOLOGY.COM (Jan. 7, 2011), 

https://www.lexology.com/library/detail.aspx?g=d98b3953-9ef6-4a7d-bdaa-8bc852104c9f, archived at

https://perma.cc/HUW8-EBTR. 

24 Id. 

25 See Regulatory Impact Analysis Statement, Regulations Amending the Passenger Automobile and Light Truck 

Greenhouse Gas Emission Regulations, SOR/2014-207 (Sept. 19, 2014), http://www.gazette.gc.ca/rp-pr/p2/2014/ 

2014-10-08/html/sor-dors207-eng.html, archived at https://perma.cc/WX48-ZSAG. 

26 Backgrounder Regulating Greenhouse Gas Emissions from Light-Duty Vehicles (2017–2025), ENVIRONMENT AND 

CLIMATE CHANGE CANADA, http://www.ec.gc.ca/default.asp?lang=En&n=56D4043B-1&news=1F13DA8A-EB01-

4202-AA6B-9E1E49BBD11E (last updated June 25, 2013), archived at https://perma.cc/CKG9-9P3S; 

ENVIRONMENT AND CLIMATE CHANGE CANADA, CONSULTATION DOCUMENT – PROPOSED REGULATIONS TO 

FURTHER LIMIT GREENHOUSE GAS EMISSIONS FROM NEW ON-ROAD LIGHT-DUTY VEHICLES, http://www.ec.gc.ca/ 

lcpe-cepa/default.asp?lang=En&n=F24B936F-1 (last updated Apr. 24, 2013), archived at https://perma.cc/Y9XA3Z7U. 

27 Heavy-duty Vehicle and Engine Greenhouse Gas Emission Regulations (SOR/2013-24), http://laws-lois.justice. 

gc.ca/eng/regulations/SOR-2013-24/index.html, archived at https://perma.cc/9D7J-999N. 

28 Heavy-duty Vehicle and Engine Greenhouse Gas Emission Regulations, CANADIAN ENVIRONMENTAL 

PROTECTION ACT REGISTRY, https://pollution-waste.canada.ca/environmental-protection-registry/regulations/ 

view?Id=119 (last updated Apr. 17, 2018), archived at https://perma.cc/SY74-MSLY. 
Regulation of Air Pollution: Canada 

The Law Library of Congress 49

Regulations (CFR) for on-road heavy-duty vehicles and engines.”29 On March 4, 2017, Canada 

published proposed standards to “reduce greenhouse gas (GHG) emissions from new on-road 

heavy-duty vehicles . . . . As proposed, the new regulation would apply to model year (MY) 2018 

to 2027 vehicles.”30

B. Smog-related Emission Regulations 

On January 1, 2003, the On-Road Vehicle and Engine Emission Regulations were promulgated 

under CEPA 1999, setting smog-related31 “air pollutant emission standards for new passenger cars, 

light-duty trucks, motorcycles, heavy-duty vehicles (such as highway tractors, buses and dump 

trucks) and their engines beginning with the 2004 model year.”32 The Regulations “aligned vehicle 

and engine certification requirements with those of the US EPA beginning January 1, 2004 and 

including the US Tier 2 standards for new light-duty vehicles, light-duty trucks and medium-duty 

passenger vehicles, and Phase 1 (US2004) and Phase 2 (US2007) programs for new heavyduty vehicles and engines.”33 According to TransportPolicy.net (a collaboration between the 

International Council on Clean Transportation and DieselNet), 

[t]he Regulations set out technical standards for vehicles and engines for exhaust, 

evaporative and crankcase emissions, on-board diagnostic systems and other specifications 

related to emission control systems. The Regulations defined several phase-in schedules, 

as follows: Tier 2 standards for light-duty vehicles and light light-duty trucks (2004-2007); 

Tier 2 standards for heavy light-duty trucks and medium-duty passenger vehicles (2004-

2009); Phase 1 (2005) and Phase 2 (2008-2009) standards for complete heavy-duty 

vehicles; and Phase 1 (2004-2006) and Phase 2 (2007-2010) standards for heavyduty engines.34

On July 16, 2015, amendments were adopted to the On-Road Vehicle and Engine Emission 

Regulations “that harmonize Canadian requirements with the US EPA Tier 3 emission regulations, 

starting with the 2017 model year.”35 Key elements of the amended regulations include 

the following: 

 

29 Environment Canada, Heavy-duty Vehicle and Engine Greenhouse Gas Emission Regulations Guidance 

Document (Feb. 2015), https://www.canada.ca/en/environment-climate-change/services/canadian-environmentalprotection-act-registry/publications/vehicle-emission-regulations-guidance-document/chapter-b.html, archived at

https://perma.cc/23HU-GQEP. 

30 International Council on Clean Transportation, Proposed Second-Phase Greenhouse Gas Emission Standards for 

Heavy-duty Engines and Vehicles in Canada (June 2017), https://www.theicct.org/sites/default/files/publications/ 

ECCC-HDV-Phase-2_ICCT_Policy-Update_15062017_vF.pdf, archived at https://perma.cc/7JJW-DDL9. 

31 Vehicle Emissions, CANADIAN VEHICLE MANUFACTURERS’ ASSOCIATION, https://www.cvma.ca/priorities/ 

environment/vehicle-emissions/, archived at https://perma.cc/2WSJ-PE57. 

32 On-Road Vehicle and Engine Emission Regulations, SOR/2003-2, http://laws-lois.justice.gc.ca/eng/ 

regulations/SOR-2003-2/FullText.html, archived at https://perma.cc/6HEM-3W6Q. 

33 Canada: Light-Duty: Emissions, TRANSPORTPOLICY.NET, https://www.transportpolicy.net/standard/canada-lightduty-emissions/ (last visited Apr. 11, 2018), archived at https://perma.cc/S7LB-4HUS. 

34 Id. 

35 Emission Standards: Canada, supra note 13. 
Regulation of Air Pollution: Canada 

The Law Library of Congress 50

 Tighter ‘Tier 3’ emission standards start being phased-in with the 2017 model year and 

will be fully implemented by 2025: 

o standards up to 80% and 70% more stringent for volatile organic compounds 

(VOCs)/nitrogen oxyde (NOx) and particulate matter (PM) respectively, 

compared to Tier 2 standards 

o more stringent evaporative emission standards 

 A system for generating, banking and trading emission credits, including the possibility 

of earning early credits beginning in the 2015 model year. 

 Increased time during which a vehicle must comply with the standards (i.e. a vehicle’s 

useful life) from 10 years or 192,000 kilometers to 15 years or 240,000 kilometers. 

 Changes to improve the administration of the Parent Regulations and other regulations 

that cover the same vehicle classes including: simplifying the requirements regarding 

information to be submitted for vehicles imported into Canada and provisions for the 

submission of reports electronically.36

The On-Road Vehicle and Engine Emission Regulations also set out emission standards for 

motorcycles, which are also aligned with US EPA emission standards. 

C. Power Plant Emission Standards 

In 2012 the Canadian government issued the Reduction of Carbon Dioxide Emissions from Coalfired Generation of Electricity Regulations,37 which “set a stringent performance standard for new 

coal-fired electricity generation units and those that have reached the end of their useful life.”38

The Regulations 

require[] any new coal-fired electricity generation unit, and old units that have reached the 

end of their useful life, to perform at the level of an efficient combined cycle gas turbine 

facility, or close. Since two-thirds of Canada’s coal-fired units will reach the end of their 

useful lives by 2030, this ‘clean or close’ choice will leave total Canadian thermal power 

plant emissions in 2030 at approximately 60 Mt [metric tons] per annum—a 50 percent 

reduction from 2005 levels that will leave Canada with one of the cleanest power systems 

in the world.39 

 

36 Frequently Asked Questions – Regulations Amending the On-Road Vehicle and Engine Emission Regulations and 

Other Regulations Made Under the Canadian Environmental Protection Act, 1999, ENVIRONMENT AND CLIMATE 

CHANGE CANADA, http://ec.gc.ca/lcpe-cepa/default.asp?lang=En&xml=9F40F55C-8046-4631-BD7E-DDCD 

BD0F7A0A (last updated July 7, 2017), https://perma.cc/59RE-Z7LF. 

37 Reduction of Carbon Dioxide Emissions from Coal-fired Generation of Electricity Regulations (SOR/2012-167), 

http://laws-lois.justice.gc.ca/eng/regulations/SOR-2012-167/FullText.html, archived at https://perma.cc/TP5EG7UK. 

38 About the Regulations, CANADIAN ENVIRONMENTAL PROTECTION ACT REGISTRY, https://pollutionwaste.canada.ca/environmental-protection-registry/regulations/view?Id=116 (last updated Apr. 10, 2018), archived 

at https://perma.cc/BG2K-YF33. 

39 Peter Burn, Power Plant Emissions Regulations in the United States and Canada: Looking Behind the Headlines, 

CENTRE FOR INTERNATIONAL GOVERNANCE INNOVATION (CIGI Commentary, Oct. 13, 2015), 

https://www.cigionline.org/publications/power-plant-emissions-regulations-united-states-and-canada-lookingbehind-headlines, archived at https://perma.cc/VZH9-Z8YQ. 
Regulation of Air Pollution: Canada 

The Law Library of Congress 51

More specifically, 

[t]he Regulations impose a performance standard (an emissions limit) of 420 t [metric tons] 

of CO2/GWh of electricity produced by electricity generating units fuelled by coal, coal 

derivatives and petroleum coke. New units coming online after July 1, 2015, are subject to 

the performance standard from the start of operation. Units operational prior to 2015 must 

comply with the performance standard once they have reached the end of their useful life, 

which is defined as follows in the Regulations: 

• Units commissioned before January 1, 1975, are subject to the performance standard 

after 50 years of operation, or no later than December 31, 2019; 

• Units commissioned after December 31, 1974, and before January 1, 1986, are subject 

to the performance standard after 50 years of operation, or no later than December 31, 

2029, whichever date comes first; and 

• Units commissioned after December 31, 1985, are subject to the performance standard 

after 50 years of operation. 

The Regulations also include compliance flexibility options to ensure a reliable supply of 

electricity while achieving the objectives of the Regulations.40

On February 2018, the Government published proposed amendments that “would require all coalfired electricity generating units to comply with an emissions performance standard of 420 tonnes 

[metric tons] of carbon dioxide per gigawatt hour of electricity produced (t of CO2/GWh) by 2030, 

at the latest. Some units will be required to comply with this performance standard earlier.”41

III. Fuel Quality Standards 

Fuel regulations set limits for certain components in fuels that are produced, imported, or sold in 

Canada, for on-road or off-road use. The Gasoline Regulations42 

limit the concentration of lead in gasoline that is produced, imported, sold or offered for 

sale in Canada and limit the concentration of phosphorus in unleaded gasoline. The 

regulations also specify the acceptable analytical methods for determining the 

concentration of lead and phosphorus in gasoline and impose record-keeping and reporting 

obligations for leaded gasoline. Gasoline for use in aircraft is exempt from the regulations 

 

40 Regulations Amending the Reduction of Carbon Dioxide Emissions from Coal-fired Generation of Electricity 

Regulations, CANADA GAZETTE, Pt. I, Vol. 152, No. 7 (Feb. 17, 2018) http://www.gazette.gc.ca/rp-pr/p1/2018/2018-

02-17/html/reg3-eng.html, archived at https://perma.cc/B5BG-7T78. 

41 Id. 

42 Gasoline Regulations (SOR/90-247), http://laws-lois.justice.gc.ca/eng/regulations/SOR-90-247/FullText.html, 

archived at https://perma.cc/J6DS-8TGA. 
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and leaded gasoline for use in competition vehicles is not subject to the lead 

concentration restrictions.43 

The Regulations limit the lead and phosphorus content in gasoline produced, imported, or sold in 

Canada to 5 milligrams per liter (mg/L) and 1.3 mg/L, respectively.44 These regulations do not 

apply to gasoline used in aircrafts and competition vehicles.45

The Sulphur in Diesel Fuel Regulations46 set maximum limits for sulfur in diesel fuel for use in 

on-road vehicles.47 On June 1, 2006, the maximum limit was set at 15 mg/kilogram (kg) for onroad diesel fuel “produced or imported for use or sale in Canada and for on-road diesel fuel that is 

sold or offered for sale.”48 Prior to 2006 the limit was 500 mg/kg. 

The Sulphur in Gasoline Regulations49 limited the amount of sulfur in gasoline to 14 mg/kg starting 

January 1, 2017, with the limit reducing further to 12 mg/kg on January 1, 2020. “Alternatively, 

gasoline producers and importers can elect to apply a pool average sulphur [sulfur] limit, in which 

case the pool average limit becomes 10 mg/kg, with a never-to-be-exceeded batch limit of 

80 mg/kg.”50

The Benzene in Gasoline Regulations51 “set limits for the amount of benzene contained in gasoline 

and prohibit the sale of gasoline having a concentration of more than 1.5% benzene by volume. 

They also set limits for the benzene emissions number which relates gasoline composition to 

 

43 Gasoline Regulations, ENVIRONMENT AND CLIMATE CHANGE CANADA, https://www.canada.ca/en/environmentclimate-change/services/managing-pollution/energy-production/fuel-regulations/gasoline.html (last updated Aug. 

18, 2017), archived at https://perma.cc/QV32-VQVH. 

44 Gasoline Regulations (SOR/90-247), §§ 4, 6.

45 Id. § 3(1)–(2). 

46 Sulphur in Diesel Fuel Regulations (SOR/2002-254), http://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-

254/FullText.html, archived at https://perma.cc/RQ2Z-MUDL. 

47 Canadian Environmental Protection Act: Fuel Quality and Vehicle and Engine Emissions, ENVIRONMENT AND 

CLIMATE CHANGE CANADA, https://www.canada.ca/en/environment-climate-change/services/canadianenvironmental-protection-act-registry/general-information/fact-sheets/fuel-quality-vehicle-engine-emissions.html 

(last updated Apr. 6, 2017), archived at https://perma.cc/92YU-QY5Q. 

48 ENVIRONMENT AND CLIMATE CHANGE CANADA, FORMATIVE EVALUATION OF CEPA 1999, ¶ 2.7.4, 

https://ec.gc.ca/lcpe-cepa/default.asp?lang=En&n=B0CA29F1-1&offset=12&toc=hide (last updated May 9, 2013). 

archived at https://perma.cc/H88D-CAXD. 

49 Sulphur in Gasoline Regulations (SOR/99-236), http://laws-lois.justice.gc.ca/eng/regulations/SOR-99-

236/FullText.html, archived at https://perma.cc/74BF-TEQ9. 

50 Sulphur in Gasoline Regulations, ENVIRONMENT AND CLIMATE CHANGE CANADA, https://www.canada.ca/ 

en/environment-climate-change/services/managing-pollution/energy-production/fuel-regulations/sulphurgasoline.html (last updated Apr. 6, 2017), archived at https://perma.cc/4GVX-D2TY. 

51 Benzene in Gasoline Regulations (SOR/97-493), http://laws-lois.justice.gc.ca/eng/regulations/SOR-97-

493/FullText.html, archived at https://perma.cc/7G9J-NSA3. 
Regulation of Air Pollution: Canada 

The Law Library of Congress 53

predicted emissions of benzene from gasoline-powered vehicles.”52 A summary of the regulations 

are found on the Government of Canada website: 

The regulations prohibit the supply of gasoline that contains benzene at a concentration 

exceeding 1.0% by volume as of July 1, 1999. They also prohibit the sale or the offer for 

sale of gasoline that contains benzene at a concentration that exceeds 1.5% by volume after 

July 1, 2000, in the “northern supply area” (as defined by the regulations), and effective 

October 1, 1999, everywhere else in Canada. The regulations also prohibit the supply of 

gasoline after July 1, 1999, that exceeds a benzene emission number of 71 during the 

summer, and 92 during the winter.53

IV. Clean and Renewable Fuel Standards 

Renewable fuel regulations54 at the federal level require “fuel producers and importers to have an 

average renewable fuel content of at least 5% based on the volume of gasoline that they produce 

or import into Canada and of at least 2% based on the volume of diesel fuel and heating distillate 

oil that they produce or import into Canada.”55 The regulations include “provisions that govern the 

creation of compliance units, allow trading of these units among participants and also require 

record-keeping and reporting to ensure compliance.”56 Some provinces also have renewable fuel 

standards equal to or higher than the current federal requirements.57

The Canadian government plans to put in place clean fuel standard regulations under the Canadian 

Environmental Protection Act, 1999 to help reduce Canada’s GHG emissions. The objective of 

the proposed regulations “is to achieve 30 megatonnes of annual reductions in GHG emissions by 

2030, contributing to Canada’s effort to achieve its overall GHG mitigation target of 30% emission 

reduction below 2005 levels by 2030.”58 The intent of the new standards would be 

 

52 Benzene in Gasoline Regulations, GOVERNMENT OF CANADA, https://pollution-waste.canada.ca/environmentalprotection-registry/regulations/view?Id=1 (last updated Apr. 18, 2018), archived at https://perma.cc/VNR2-RPQE. 

53 Benzene in Gasoline Regulations: Frequently Asked Questions, GOVERNMENT OF CANADA, https://www.canada. 

ca/en/environment-climate-change/services/canadian-environmental-protection-act-registry/benzene-gasolineregulations-frequently-asked-questions.html (last visited Mar. 14, 2018), archived at https://perma.cc/Q68D-XK4L. 

54 Renewable Fuels Regulations (SOR/2010-189), https://www.canada.ca/en/environment-climatechange/services/managing-pollution/energy-production/fuel-regulations/renewable.html, archived at

https://perma.cc/58KH-3S7E. 

55 Renewable Fuel Regulations, ENVIRONMENT AND CLIMATE CHANGE CANADA, https://www.canada.ca/en/ 

environment-climate-change/services/managing-pollution/energy-production/fuel-regulations/renewable.html (last 

updated Aug. 18, 2017), archived at https://perma.cc/MP2Y-S6Z8. 

56 Id. 

57 For provincial-level renewable fuel standards See App. A: Provincial Renewable Fuel Requirements [Current to 

February 11, 2016], , in ENVIRONMENT AND CLIMATE CHANGE CANADA, RENEWABLE FUELS REGULATIONS 

REPORT: DECEMBER 15, 2010 TO DECEMBER 31, 2012, http://ec.gc.ca/energie-energy/default.asp?lang=En&n= 

EE22EC31-11&offset=11&toc=hide, archived at https://perma.cc/AB6L-AD3S. 

58 Clean Fuel Standard Regulatory Framework, ENVIRONMENT AND CLIMATE CHANGE CANADA, 

https://www.canada.ca/en/environment-climate-change/services/canadian-environmental-protection-actregistry/publications/clean-fuel-standard-regulatory-framework.html (last updated Dec. 13, 2017), archived at 

https://perma.cc/7ZFH-WBMV. 
Regulation of Air Pollution: Canada 

The Law Library of Congress 54

a performance-based approach that would incent the use of a broad range of low carbon 

fuels, energy sources and technologies, such as electricity, hydrogen, and renewable fuels, 

including renewable natural gas. It would establish lifecycle carbon intensity requirements 

separately for liquid, gaseous and solid fuels, and would go beyond transportation fuels to 

include those used in industry and buildings. The approach would not differentiate between 

crude oil types produced in Canada or imported. The clean fuel standard would 

complement the pan-Canadian approach to pricing carbon pollution.59

On December 13, 2017, Environment and Climate Change Canada published a regulatory 

framework on the clean fuel standard. The framework “outlines the key elements of the design of 

the clean fuel standard regulation, including its scope, regulated parties, carbon intensity approach, 

timing, and potential compliance options such as credit trading.”60 The Environment and Climate 

Change Canada website describes some of the next steps leading to promulgation of the 

final regulations: 

 Winter 2017 - Consultations on the framework and technical aspects of the regulations 

with multi-stakeholder consultative and technical working groups 

 Further public engagement to be organized as required (e.g., webinars) 

 Late-2018 - Publication of proposed regulations in Canada Gazette, Part I 

 Mid-2019 - Publication of final regulations in the Canada Gazette, Part II61

V. Ozone Standard 

Canadian Ambient Air Quality Standards (CAAQS)62 are “the driver for air quality management 

across Canada”63 and are agreed by the Canadian Council of Ministers of the Environment 

(CCME), an intergovernmental forum for “collective action on environmental issues of national 

and international concern”64 made up of ministers from the federal government, ten provincial 

governments, and three territorial governments. The air quality standards were established as 

nonbinding objectives65 under sections 54 and 55 of the Canadian Environmental Protection Act, 

 

59 Clean Fuel Standard, ENVIRONMENT AND CLIMATE CHANGE CANADA, https://www.canada.ca/en/environmentclimate-change/services/managing-pollution/energy-production/fuel-regulations/clean-fuel-standard.html (last 

updated Jan. 1, 2018), archived at https://perma.cc/5JCW-AZQZ. 

60 Id. 

61 Id. 

62 Canadian Council of Ministers of the Environment (CCME), Canadian Ambient Air Quality Standards (CAAQS) 

for Fine Particulate Matter (PM2.5) and Ozone (Oct. 2012), https://www.ccme.ca/files/current_priorities/ 

aqms_elements/caaqs_and_azmf.pdf, archived at https://perma.cc/BU8B-X6NN. 

63 Current Priorities: CAAQS, CCME, https://www.ccme.ca/en/current_priorities/air/caaqs.html (last visited Apr. 

17, 2018), archived at https://perma.cc/GC9A-5AJD. 

64 About, CCME, https://www.ccme.ca/en/about/index.html (last visited Apr. 17, 2018), archived at

https://perma.cc/RL8S-H753. 

65 Canadian Ambient Air Quality Standards, ONTARIO’S MINISTRY OF THE ENVIRONMENT AND CLIMATE CHANGE, 

https://www.ontario.ca/document/air-quality-ontario-2015-report/canadian-ambient-air-quality-standards (last 

updated Apr. 28, 2017), archived at https://perma.cc/8GBH-YLWW. 
Regulation of Air Pollution: Canada 

The Law Library of Congress 55

1999 on May 25, 2013.66 The CAAQS are part of a “collaborative national Air Quality 

Management System (AQMS)”67 to better protect human health and the environment. According 

to the CCME website, CAAQS have been developed for “sulphur dioxide, fine particulate matter 

and ozone. Industry associations, non-governmental organisations and Indigenous organisations 

participate in the development and review of CAAQS. CAAQS are reviewed every five years to 

ensure they are stringent enough to protect human health and the environment.”68 According to 

Ontario’s Ministry of the Environment and Climate Change website,69

[t]he CAAQS replaced the existing Canada-wide Standards (CWS) for ozone and PM2.5 in 

2013 by setting stricter targets, and introducing an annual standard for PM2.5. An annual 

standard helps protect human health from long-term or chronic exposure to fine particles. 

The purpose of the CAAQS is to drive continuous improvement in air quality. In 2015, 

provinces and territories were formally required to report ambient air quality measurements 

against the CAAQS. Table 1 shows the 2015 standards for achieving the CAAQS. 

Table 1: CAAQS Standards 

Ozone 8h PM2.5 24h PM2.5 Annual 

63 ppb 28 μg/m3 10 μg/m3

The figure for ozone reflected in the preceding table is based on the “annual 4th highest daily 

maximum eight-hour running average, averaged over three consecutive years.”70 The standard set 

for 2020 is 62 ppb [parts per billion].71 “The CAAQS for ozone are currently under review.”72 

 

66 Backgrounder: Canadian Ambient Air Quality Standards, ENVIRONMENT AND CLIMATE CHANGE CANADA, 

http://www.ec.gc.ca/default.asp?lang=En&n=56D4043B-1&news=A4B2C28A-2DFB-4BF4-8777-ADF29B4360BD

(last updated Aug. 14, 2013), archived at https://perma.cc/8ZM7-TEKH. 

67 Canadian Ambient Air Quality Standards, ALBERTA ENVIRONMENT AND PARKS, http://aep.alberta.ca/air/ 

management-frameworks/canadian-ambient-air-quality-standards/default.aspx (last updated Apr. 13, 2018), 

archived at https://perma.cc/EXJ8-ASUP. 

68 Current Priorities: CAAQS, supra note 63. 

69 Canadian Ambient Air Quality Standards, ONTARIO’S MINISTRY OF THE ENVIRONMENT AND CLIMATE CHANGE, 

supra note 65.

70 Id. 

71 Canadian Ambient Air Quality Standards (CAAQS) for Fine Particulate Matter (PM2.5) and Ozone, supra

note 62. 

72 Current Priorities: CAAQS, supra note 63. 
The Law Library of Congress 56

China 

Laney Zhang 

Foreign Law Specialist

SUMMARY Since the initial passage of the framework Environmental Protection Law in 1979, China 

has passed many laws, regulations, and standards addressing environmental protection. The 

Law on Prevention and Control of Air Pollution, the primary law dealing with air pollution, 

provides comprehensive measures on air pollution prevention and control. 

 Construction of new industrial facilities that may affect the atmospheric environment must 

be preceded by environmental impact assessments, and standards for the emission of 

atmospheric pollutants and the total emission control requirements for key atmospheric 

pollutants must be met. Polluting entities must also obtain a pollutant discharge permit for 

industrial emissions or the emission of specified hazardous and toxic atmospheric pollutants. 

Effective January 1, 2018, a newly designed environmental protection tax replaced the 

pollution discharge fee. The tax applies to specified air pollutants, not including 

carbon dioxide. 

 Pollutants discharged by motor vehicles and vessels as well as non-road mobile machinery 

must not exceed the stipulated emission standards. China has been implementing vehicle 

emissions standards that mainly follow the EU standards. The China 5 standard for lightduty vehicles is similar to the Euro 5 standard with some deviations. 

 National standards for fuel consumption limits have been established for various types of 

vehicles. The current Phase IV standards for passenger cars, which took effect on January 

1, 2016, set a fleet average target of 5.0 L/100km for new vehicles sold in 2020. 

 China has created a New Energy Vehicle (NEV) credit system under which passenger car 

manufacturers will be required to earn NEV credits starting in 2019. The excess NEV 

credits, if any, may be used to offset an automaker’s negative corporate average fuel 

consumption (CAFC) points that occurred by exceeding the CAFC target set by the state. 

I. Introduction 

Air pollution and carbon emissions in China have mainly been attributable to coal burning and 

industrial production during the early stage of economic development. In urban areas, especially 

megacities such as Beijing and Shanghai, emissions from vehicles have become an increasing 

problem.1

 In recent years, it has been observed that the emissions of long-regulated sulfur dioxide 

(SO2) and total suspended particulates (TSP, including particulate matter [PM10]), have passed their 

peak and are diminishing. The situation of fine particulate matter (PM2.5) and ground-level ozone 

(O3) concentration, however, is worsening. Regional air pollution problems are becoming 

 

1

 Yana Jin et al., Air Pollution Control Policies in China: A Retrospective and Prospects, INT’L. J. ENVIRON. RES. &

PUB. HEALTH (Dec. 9, 2016), available at http://www.mdpi.com/1660-4601/13/12/1219/pdf, archived at

https://perma.cc/22PF-983Y. 
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significant. Sometimes vast regions, such as all of eastern and central China, are under very high 

concentrations of PM2.5 and O3.2 

The environmental protection agency in the central government, the Ministry of Environmental 

Protection (MEP), was previously responsible for the prevention and control of air pollution. 

Greenhouse gas emissions control, climate change, and energy management, were the 

responsibility of the National Development and Reform Commission (NDRC). In April 2018 a 

new Ministry of Ecology and Environment (MEE) was established.3 The new MEE absorbed the 

environmental protection functions of the former MEP and several other central government 

departments, as well as the pollution-related functions of the NDRC.4 

II. National Policies 

The government has recognized that air pollution is severe and that the pressure to control pollution 

is expected to increase due to growing energy consumption resulting from the industrialization and 

urbanization of the country.5

 Air pollution has been addressed in a series of national policies, 

including the national five-year plans for economic and social development, which set clean-air 

targets for the country with corresponding time limits. 

A. Air Pollution Prevention and Control Action Plan 

The administration led by Xi Jinping and Li Keqiang illustrated its strong will to improve air 

quality in its first year, during which the State Council issued the Air Pollution Prevention and 

Control Action Plan in September 2013. The Action Plan provides guidance for national efforts 

to control air pollution in the present and near future.6 

In the Action Plan, the State Council emphasizes that the protection of the atmospheric 

environment “assures the people’s welfare, the sustainable development of [the] economy, [and] 

enhances a well-off society and the great rejuvenation of the China Dream.”7 The Plan recognizes 

that “air pollution is serious in China,” describing the problem as follows: 

[The r]egional air quality problem characterized by the inhalable particulate matter (PM10) 

and fine particles (PM2.5) has become increasingly prominent, which harms people’s health 

and affects social harmony and stability. As the deepening of the industrialization and 

 

2 Id. 

3

 MEE News Release, Ministry of Ecology and Environment Inaugurated (Apr. 18, 2018), http://english.mep.gov. 

cn/News_service/news_release/201804/t20180419_434955.shtml, archived at https://perma.cc/6QTR-5XBM. 

4

 Ma Tianjie & Liu Qin, China Reshapes Ministries to Better Protect Environment, CHINA DIALOGUE (Mar. 14, 

2018), https://www.chinadialogue.net/article/show/single/en/10502-China-reshapes-ministries-to-better-protectenvironment, archived at https://perma.cc/P5XB-3JLV. 

5

 State Council, Air Pollution Prevention and Control Action Plan (Guo Fa [2013] No. 37, Sept. 10, 2013), 

http://www.gov.cn/zwgk/2013-09/12/content_2486773.htm (in Chinese), archived at https://perma.cc/63LS-QXDJ; 

English translation at http://en.cleanairchina.org/file/loadFile/26.html, archived at https://perma.cc/S5FB-4ECZ. 

6 Id. 

7 Id. 
Regulation of Air Pollution: China 

The Law Library of Congress 58

urbanization, energy resource consumption keeps growing, and the [urgency of 

implementing efforts of] air pollution prevention and control continues to increase.8

The Action Plan sets quantitative targets for improving the air quality of the whole country and of 

key regions within specified time limits, and provides ten key actions covering major aspects of 

air quality management, which include the following: 

 By 2017, the urban concentration of PM10 must decrease by 10% compared with 2012, and as 

a result the annual number of days with fairly good air quality should gradually increase. 

 Concentrations of PM2.5 in the heavily polluted Beijing-Tianjin-Hebei, Yangtze River Delta, 

and Pearl River Delta regions must fall by around 25%, 20%, and 15%, respectively. 

 PM2.5 annual concentrations in Beijing must be controlled below 60 milligrams per cubic 

meter (mg/m3).9

B. The 13th Five Year Plan 

China’s 13th Five-Year (2016–2020) Plan for Economic and Social Development contains strong 

commitments to improve air quality and control emissions.10 The Plan describes the country’s 

clean-air action plan as follows: 

We will formulate a plan for ensuring air quality standards in cities are met, strictly enforce 

obligatory targets, see that cities at and above the prefectural level achieve a 25% reduction 

in the number of days of heavy air pollution, and channel greater effort into reducing fine 

particulate matter emissions in key regions. We will establish a monitoring system to 

ensure that environmental protection standards for vehicles, watercraft, and fuel oil are 

achieved. We will work to increase the proportion of natural gas users in cities. We will 

strengthen monitoring of windblown dust from unpaved roads and construction sites and 

prohibit open straw burning.11

The Five-Year Plan commits to reduce emissions, ensure compliance with emissions standards, 

and promote the use of clean energy: 

We will ensure that all industrial polluters meet emissions standards. We will improve 

emissions standards, strengthen supervisory monitoring of industrial pollution sources, 

publish a blacklist of enterprises that fail to meet emissions standards, and require such 

enterprises to make corrections within a stipulated time frame. All heavily polluting 

enterprises located within urban districts will either be relocated, upgraded, or, in 

accordance with the law, shut down. We will conduct the second national survey of 

pollution sources. We will reform the total emissions control system for major pollutants 

so that more pollutants are covered. . . . We will promote the use of alternative clean energy 

 

8 Id. 

9 Id.

10 The 13th Five-Year Plan for Economic and Social Development of the People’s Republic of China (2016–2020), 

http://en.ndrc.gov.cn/newsrelease/201612/P020161207645765233498.pdf, archived at https://perma.cc/7L3R-P8J2. 

11 Id. ch. 44, § 1. 
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The Law Library of Congress 59

in urban “villages” and [outskirts], and replace small and medium coal-fired facilities. . . . 

Chief industries will be transformed to achieve clean production.12

III. Laws, Regulations, and Standards 

During the past four decades, China has adopted many laws, regulations, and standards adressing 

environmental protection. Implementation of the environmental protection laws used to be weak, 

but has becoming increasingly stronger over the past few decades when the severe air pollution 

has caused huge health damages and social losses.13 

A. Environmental Protection Law 

The Environmental Protection Law is the framework law that provides general provisions 

regulating all aspects of environmental protection and pollution control. The Environmental 

Protection Law was first adopted in 1979 on a trial basis, and formally promulgated on December 

26, 1989. The Law was most recently revised in 2014, with the revisions taking effect on January 

1, 2015.14 

B. Law on Prevention and Control of Air Pollution (Air Law) 

After the first passage of the Environmental Protection Law, China passed approximately thirty 

special laws regulating various areas of environmental protection, approximately ninety 

administrative regulations, and many more standards.15 Among them, the Law on Prevention and 

Control of Air Pollution (Air Law) is the primary law dealing with air pollution, providing 

comprehensive measures of air pollution prevention and control. 

The Air Law was first adopted in 1987 and has been revised several times since then, including a 

major revision in 2015 that took effect on January 1, 2016.16 The revised Air Law sets a specific 

goal of improving air quality and emphasizes the control of air pollution caused by coal burning, 

industrial production, motor vehicles and vessels, dust, and agricultural activities. It calls for 

comprehensive measures to be taken to restrict atmospheric pollutants and greenhouse gases, 

 

12 Id. ch. 44, § 2. 

13 Jin et al., supra note 1. 

14 PRC Environmental Protection Law (adopted by the Standing Committee of the National People’s Congress 

(NPC) on Dec. 26, 1989, revised Apr. 24, 2014, effective Jan. 1, 2015), http://zfs.mep.gov.cn/fl/201404/t2014 

0425_271040.shtml (in Chinese), archived at https://perma.cc/E92B-E2HZ; English translation at

https://www.chinadialogue.net/Environmental-Protection-Law-2014-eversion.pdf, archived at

https://perma.cc/Q2A9-V6ZK. 

15 Environmental Protection Law First Major Revision in 25 Years, CHINA.COM.CN (Apr. 25, 2014), http://guoqing. 

china.com.cn/2014-04/25/content_32201755.htm (in Chinese), archived at https://perma.cc/PS2J-BUKL. 

16 PRC Law on Prevention and Control of Air Pollution (adopted by the NPC Standing Committee on Sept. 5, 1987, 

last revised Aug. 29, 2015, effective Jan. 1, 2016), http://www.npc.gov.cn/npc/xinwen/2015-08/31/content_ 

1945589.htm (in Chinese), archived at https://perma.cc/YVZ6-2E9T. 
Regulation of Air Pollution: China 

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including particulate matter, sulfur dioxide, nitrogen oxides, volatile organic compounds, 

and ammonia.17 

IV. Air Quality Standards

A. Legal Provisions 

According to the Environmental Protection Law and the Air Law, the environmental protection 

agency under the State Council is tasked with formulating national environmental quality 

standards, including air quality standards.18 Provincial governments may establish local standards 

on items not covered in the national standards and set stricter limits on items covered by the 

national standards. 19 Regions that have not met the national standards must formulate an 

attainment plan showing how they will meet the standards by a certain time.20

For regions that exceed national total emissions targets of key air pollutants or could not achieve 

the improvement targets of ambient air quality set by the state, the local government leaders will 

be “interviewed” by the central or provincial environmental protection authorities and new projects 

in that region will be prohibited from undergoing required environmental impact assessments.21

B. Ambient Air Quality Standards, GB 3095-2012 

The Ambient Air Quality Standards that are currently effective, GB 3095-2012, were released by 

the then Ministry of Environmental Protection on February 29, 2012. The Standards set mandatory 

limits for the primary pollutants—SO2, nitrogen dioxide (NO2), carbon monoxide (CO), O3, PM10, 

and PM2.5—and took effect nationwide on January 1, 2016.22

The Standards set two classes of limit values: Class I standards apply to regions that need special 

protection such as natural reserves and natural scenic areas, while Class II standards apply to all 

other areas including residential, mixed-use, industrial, and rural areas.23 For example, the limit 

for the daily average of O3 is 100 micrograms per cubic meter (μg/m3) under Class I, compared to 

160 μg/m3 under Class II. The hourly average limit of O3 is 160 μg/m3 under Class I and 200 

μg/m3

 under Class II.24

 

 

17 Id. art. 2. 

18 Environmental Protection Law art. 15; Air Law art. 8. 

19 Environmental Protection Law art. 15. 

20 Id. art. 28. 

21 Air Law art. 22. 

22 Ambient Air Quality Standards, GB 3095-2012 (issued by the MEP and AQSIQ on Feb. 29, 2012, effective Jan. 

1, 2016), http://210.72.1.216:8080/gzaqi/Document/gjzlbz.pdf, archived at https://perma.cc/8PHM-FPJ5. 

23 Id.

24 Id.
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V. Control of Coal Use 

The Air Law calls for changing the energy stucture to reduce the percentage of coal used for energy 

consumption and promotes the clean and efficient use of coal.25 Article 32 of the Air Law provides 

that the central and local governments will take measures to improve the energy infrastructure and 

popularize the production and utilization of clean energy; optimize the utilization of coal to be 

cleaner and more efficient; reduce the proportion of coal in primary energy consumption; and 

reduce the discharge of atmospheric pollutants during the production, utilization, and 

transformation of coal.26

The Law requires coal plants to have on-site washing equipment to remove sulfur and ash content, 

to meet environmental standards.27 Importing, selling, or using substandard coal is prohibited, and 

the state encourages the use of high-quality coal.28 The Law requires oil refinery companies to 

produce fuel oil in accordance with the fuel quality standards. Importing, selling, and burning 

petroleum coke that fails to comply with quality standards are prohibited.29

VI. Clean-Air Requirements for Industrial Facilities 

A. Environmental Impact Assessments 

Construction of new industrial facilities that may affect the atmospheric environment must be 

preceded by an environmental impact assessments according to article 18 of the Air Law.30 The 

standards for emissions of atmospheric pollutants and the total emission control requirements for 

key atmospheric pollutants must be complied with if a proposed construction project will discharge 

atmospheric pollutants.31 

B. Pollutant Discharge Permit 

Polluting entities must obtain a pollutant discharge permit for industrial emissions or the emission 

of specified hazardous and toxic atmospheric pollutants. A pollutant discharge permit is also 

required for entities manufacturing and operating coal-burning heat sources.32 Detailed rules about 

the issuance of pollutant discharge permits are provided by the Interim Measures on 

 

25 Air Law arts. 32–42. 

26 Id. art. 32. 

27 Id. art. 33. 

28 Id. art. 35. 

29 Id. art. 37. 

30 Id. art. 18. 

31 Id.

32 Id. 19. 
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Administration of Pollution Discharge Permit, which were issued by the MEP on December 

23, 2016.33

C. Pollutant Discharge Fees and Environmental Protection Tax 

China previously collected a pollutant discharge fee on pollutants discharged into the environment, 

as provided by the Environmental Protection Law.34 Effective January 1, 2018, the Environmental 

Protection Tax Law replaced the pollutant discharge fee with a newly designed environmental 

protection tax. 35 Under the Environmental Protection Tax Law, entities directly discharging 

pollutants into the environment, including air pollutants, water pollutants, solid waste, and noise, 

are subject to the tax.36 The Law lists specific air pollutants that are subject to the tax; CO2 is 

not included.37

VII. Vehicle Emissions Standards 

A. Legal Provisions 

The Air Law calls for low-carbon and eco-friendly transportation. It provides that the state must 

adopt fiscal, taxation, government procurement, and other measures to promote the use of energyefficient and new-energy vehicles, vessels, and non-road mobile machinery, and that the 

development of high-fuel-consumption and high-emission motor vehicles, vessels, and non-road 

mobile machinery will be restricted to reduce fossil fuel consumption.38

According to the Air Law, pollutants discharged by motor vehicles, vessels, and non-road mobile 

machinery must not exceed the stipulated emission standards. The Law prohibits manufacturing, 

importing, or selling motor vehicles, vessels, and non-road mobile machinery that exceeds the 

emission standards.39

B. Vehicle Emissions Standards 

The current emissions standard for light-duty vehicles, the Limits and Measurement Methods for 

Emissions From Light-duty Vehicles (China 5), GB 18352.5–2013, was issued by the MEP and 

the General Administration of Quality Supervision, Inspection and Quarantine (AQSIQ) in May 

 

33 Interim Measures on Administration of Pollution Discharge Permit (issued by the MEP on Dec. 23, 2016), 

http://www.mep.gov.cn/gkml/hbb/bwj/201701/t20170105_394012.htm?COLLCC=871453746& (in Chinese), 

archived at https://perma.cc/MCE2-J2KJ. 

34 Environmental Protection Law art. 43. 

35 PRC Environmental Protection Tax Law (adopted by the NPC Standing Committee on Dec. 25, 2016, effective 

Jan. 1, 2018), http://www.npc.gov.cn/npc/xinwen/2016-12/25/content_2004993.htm (in Chinese), archived at

https://perma.cc/9RJQ-ETMD. 

36 Id. arts. 2&3. 

37 Id. Annex II. 

38 Air Law art. 50. 

39 Air Law art. 51. 
Regulation of Air Pollution: China 

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2013. Ligh-duty vehicles sold and registered in China were required to comply with this standard 

effective January 1, 2018.40 China has been issuing vehicle emissions standards mainly following 

the EU standards. The China 5 standard for light-duty vehicles is similar to the Euro 5 standard, 

with some deviations.41 

China also issued the following emissions standards for heavy-duty vehicles, three-wheeled and 

low-speed vehicles, motorcycles, and non-road mobile machinery: 

 Limits and Measurement Methods for Exhaust Pollutants from Compression Ignition and GasFueled Positive Ignition Engines of Vehicles (III, IV, V), GB 17691–2005, effective January 

1, 2007.42

 Limits and Measurement Method for Exhaust Pollutants from Gasoline Engines of Heavy-duty 

Vehicles (III, IV), GB 14762–2008, effective July 1, 2009.43

 Limits and Measurement Methods for Exhaust Pollutants from Diesel Engines of Three-wheel 

& Low-speed Goods Vehicles (I, II), GB 19756–2005, effective January 1, 2006.44

 Limits and Measurement Methods for Emissions from Motorcycles (IV), GB 14622–2007, 

effective July 1, 2008.45

 

40 The Limits and Measurement Methods for Emissions from Light-duty Vehicles (China 5), GB 18352.5-2013 

(issued by MEP and AQSIQ on Sept. 17, 2013), http://kjs.mep.gov.cn/hjbhbz/bzwb/dqhjbh/dqydywrwpfbz/ 

201309/W020131105534056881723.pdf (in Chinese), archived at https://perma.cc/DJ2U-P2WK. 

41 China: Light-Duty: Emissions, TRANSPORTPOLICY.NET, https://www.transportpolicy.net/standard/china-lightduty-emissions/ (last visited Apr. 20, 2018), archived at https://perma.cc/7W4A-M3QJ. 

42 Limits and Measurement Methods for Exhaust Pollutants from Compression Ignition and Gas Fueled Positive 

Ignition Engines of Vehicles (III, IV, V), GB 17691-2005 (issued by MEP and AQSIQ on May 30, 2005), 

http://kjs.mep.gov.cn/hjbhbz/bzwb/dqhjbh/dqydywrwpfbz/200701/W020110127400649893698.pdf (in Chinese), 

archived at https://perma.cc/8UKY-VMQ8. 

43 Limits and Measurement Method for Exhaust Pollutants from Gasoline Engines of Heavy-duty Vehicles (III, IV), 

GB 14762-2008 (issued by MEP and AQSIQ on Apr. 2, 2008), http://kjs.mep.gov.cn/hjbhbz/bzwb/dq 

hjbh/dqydywrwpfbz/200804/W020111121354629553675.pdf (in Chinese), archived at https://perma.cc/DU8LGM4C. 

44 Limits and Measurement Methods for Exhaust Pollutants from Diesel Engines of Three-wheel & Low-speed 

Goods Vehicles (I, II), GB 19756—2005 (issued by MEP and AQSIQ on May 30, 2005), http://kjs.mep.gov.cn/ 

hjbhbz/bzwb/dqhjbh/dqydywrwpfbz/200601/W020110127403616308220.pdf (in Chinese), archived at

https://perma.cc/XBJ5-LNMY. 

45 Limits and Measurement Methods for Emissions from Motorcycles (IV), GB 14622–2007 (issued by MEP and 

AQSIQ on Apr. 3, 2007), http://kjs.mep.gov.cn/hjbhbz/bzwb/dqhjbh/dqydywrwpfbz/200704/W0201201 

04512013466312.pdf (in Chinese), archived at https://perma.cc/7VDS-HZ6Q. 
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 Limits and Measurement Methods for Exhaust Pollutants from Diesel Engines of Non-road 

Mobile Machinery (III, IV), GB 20891–2014, effective October 1, 2014.46

 Limits and Measurement Methods for Exhaust Pollutants from Small Spark Ignition Engines 

of Non-road Mobile Machinery (I, II), GB 26133–2010, effective March 1, 2011.47

VIII. Fuel Efficiency 

A. Fuel Consumption Limits 

According to China’s Energy Conservation Law, which was first enacted in 1997 and most 

recently revised in 2016, the state encourages the development and use of clean fuels and 

alternative fuels in transportation.48 The relevant departments under the State Council formulate 

standards for fuel consumption limits for vehicles and vessels, and vehicles and vessels that cannot 

meet the fuel consumption standards are prohibited from being operated.49 

China’s Energy-Saving and New Energy Vehicle Industry Development Plan (2012–2020) sets 

the expected fleet average targets of 6.9 liters (L) per 100 kilometers (km) by 2015 and 5.0 

L/100km by 2020.50 National fuel consumption limits have been established for various types of 

vechicles. The current Phase IV standards for passenger cars, the Fuel Consumption Limits for 

Passenger Cars, GB 19578–2014, was released in December 2014.51 Effective January 1, 2016, 

the Phase IV standards set a fleet average target of 5.0 L/100km for new vehicles sold in 2020, 

equivalent to a 27.5% reduction from the previous target of 6.9 L/100km in 2015.52 

 

 

46 Limits and Measurement Methods for Exhaust Pollutants from Diesel Engines of Non-road Mobile Machinery 

(III, IV), GB 20891–2014 (issued by MEP and AQSIQ on May 16, 2014), http://kjs.mep.gov.cn/hjbhbz/ 

bzwb/dqhjbh/dqydywrwpfbz/201405/W020140603336102800621.pdf (in Chinese), archived at

https://perma.cc/F9JW-YRXW. 

47 Limits and Measurement Methods for Exhaust Pollutants from Small Spark Ignition Engines of Non-road Mobile 

Machinery (I, II), GB 26133–2010 (issued by MEP and AQSIQ on Dec. 30, 2010), http://kjs.mep.gov.cn/hj 

bhbz/bzwb/dqhjbh/dqydywrwpfbz/201101/W020130206491873646734.pdf (in Chinese), archived at

https://perma.cc/8V9W-7VPG. 

48 PRC Energy Conservation Law (adopted by the NPC Standing Committee on Nov. 1, 1997, revised Oct. 28, 2007, 

effective Apr. 1, 2008) art. 45, http://www.gov.cn/flfg/2007-10/28/content_788493.htm (in Chinese), archived at

https://perma.cc/9YEH-FVAJ. 

49 Id. art. 46. 

50 State Council, Energy-Saving and New Energy Vehicle Industry Development Plan (2012–2020) (June 28, 2012), 

http://www.gov.cn/zwgk/2012-07/09/content_2179032.htm (in Chinese), archived at https://perma.cc/GH9K-9R95. 

51 Fuel Consumption Limits for Passenger Cars, GB 19578–2014 (issued by the AQSIQ and Standardization 

Administration of China on Dec. 22, 2014, effective Jan. 1, 2016), http://www.miit.gov.cn/n1146295/ 

n1652858/n1653018/c3780606/part/3780612.pdf (in Chinese), archived at https://perma.cc/N6AH-7ARS. 

52 China: Light-Duty: Fuel Consumption, TRANSPORTPOLICY.NET (last visited Apr. 20, 2018) https://www.transport 

policy.net/standard/china-light-duty-fuel-consumption/, archived at https://perma.cc/8GNT-K3C5. 
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B. CAFC and New Energy Vehicle Credits 

The Phase IV standards include a corporate average fuel consumption (CAFC) standard for 

manufacturers, and each manufacturer’s passenger car fleet must meet the CAFC target of the 

given year.53 

On September 27, 2017, China’s Ministry of Industry and Information Technology (MIIT) and 

several other central government departments jointly issued the Measures on Parallel 

Administration of Passenger Car Enterprise Average Fuel Consumption and New Energy Vehicle 

(NEV) Credits, which took effect on April 1, 2018.54 The Measures apply to passenger cars only.55 

The NEVs under the Measures include pure electric passenger cars, plug-in hybrids, and fuel-cell 

passenger cars.56 The Measures establish a “parallel administration” system of auto companies’ 

CAFC and NEV sales aimed at promoting new-energy cars and providing additional compliance 

flexibility to the existing fuel-consumption regulation. China’s NEV mandate is similar to 

California’s Zero Emission Vehicle (ZEV) mandate.57

According to the Measures, auto companies producing or importing over 30,000 non-NEV 

passenger cars per year will be required to earn NEV credits equal to a set percentage of their nonNEV sales in China starting in 2019. The required annual NEV credit percentage is 10% in 2019 

and will increase to 12% in 2020.58 Credits each NEV may generate vary: each plug-in hybrid 

may generate two credits, the credits each purely electric car may generate depends on the electric 

battery range, and the credits each fuel-cell car may generate depends on the rated power of the 

fuel cell system.59 

A company generates surplus NEV credits if its actual NEV credits are greater than the NEV 

target.60 Similarly, it generates surplus CAFC credits if its actual CAFC is lower than its CAFC 

target.61 The surplus NEV credits can be used to offset the CAFC credit deficit if its actual CAFC 

is higher than its target.62 The Measures create a market where the credits can be traded: 

 

53 Id.

54 Measures on Parallel Administration of Passenger Car Enterprise Average Fuel Consumption and New-Energy 

Vehicle Credits (issued by the MIIT, Ministry of Finance, Ministry of Commerce, General Administration of 

Customs, and AQSIQ on Sept. 27, 2017, effective Apr. 1, 2018), http://www.miit.gov.cn/n1146290/n4388791/ 

c5826378/content.html (in Chinese), https://perma.cc/L2CP-5XTS. 

55 Id. art. 2. 

56 Id. art. 4. 

57 China’s New Energy Vehicle Mandate Policy (Final Rule), INTERNATIONAL COUNCIL ON CLEAN 

TRANSPORTATION (Jan. 2018), https://www.theicct.org/sites/default/files/publications/ICCT_China-NEVmandate_policy-update_20180111.pdf, archived at https://perma.cc/86KZ-UA5H. 

58 Measures, supra note 54, art. 17. 

59 Id. Annex II. 

60 Id. art. 14. 

61 Id. art. 8. 

62 Id. art. 26. 
Regulation of Air Pollution: China 

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 Surplus NEV credits can be sold to other companies. 

 Surplus CAFC credits can be banked and carried forward to help with CAFC 

compliance in future years or transferred to affiliated companies to help offset a CAFC 

credit deficit. 

 To offset an NEV credit deficit, an automaker needs to purchase NEV credits from 

other companies. 

 To offset a CAFC credit deficit, more options are provided, including using banked 

CAFC credits, transferring CAFC credits from affiliated companies, using 

selfgenerated NEV credits, and purchasing NEV credits from other companies.63

 

63 China’s New Energy Vehicle Mandate Policy (Final Rule), supra note 57. 
The Law Library of Congress 67 

France 

Nicolas Boring 

Foreign Law Specialist

SUMMARY The French air quality management framework is based on a mix of international 

agreements, European directives, and domestic legislation. The first significant domestic 

legislation on air pollution came in 1961. Since 1996, French law has recognized the 

people’s right to breathe air that is not harmful to their health. Air quality is managed at the 

national and local levels through various regulatory measures. An extensive air quality 

monitoring system is in place throughout France, comprised of a network of licensed 

nonprofit groups coordinated by the Central Laboratory for Air Quality Monitoring. This 

air quality monitoring system informs the implementation of air quality improvement 

measures. Emissions of certain substances are prohibited or limited through means such as 

mandatory technical standards regarding the manufacture, sale, storage, use, maintenance, 

and/or disposal of various products and goods. Pollution is also prevented through 

“atmosphere protection plans,” which all urban areas of over 250,000 inhabitants must 

implement to meet air quality standards set by the government. Furthermore, emergency 

measures may be taken whenever the air quality limits of a certain area are exceeded or risk 

being exceeded. In these circumstances, the local prefect may restrict or entirely suspend the 

activities that contribute to the pollution spike. This may include, if necessary, entirely 

prohibiting the operation of certain vehicles in the affected area. Additionally, a 2015 law 

authorized local authorities to establish restricted traffic zones in urban zones and other areas 

subject to an atmosphere protection plan. French air quality control also relies on national 

objectives on the emissions of several air pollutants, including a national carbon budget, 

which is a general cap on greenhouse gas emissions for a five-year period. The national 

objectives on other emissions are medium and long term reduction goals for sulfur dioxide, 

nitrogen oxides, non-methane volatile organic compounds, ammonia, and fine particles. 

These objectives are to be attained through the implementation of a National Low-Carbon 

Strategy (for the national carbon budget) and a National Atmospheric Pollutant Emissions 

Reduction Plan (for the objectives on other emissions). These two plans overlap in many 

areas, although they also have their specific points. They each detail a series of different 

measures to reduce emissions, including tax and financial incentives, establishing more 

traffic restriction zones, developing infrastructures for clean alternative fuels, developing 

new technologies, changing agricultural practices, developing alternatives to burning waste, 

making buildings more energy efficient, and raising public awareness. 
Regulation of Air Pollution: France

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I. Legal Framework 

The French air quality management framework is based on a mix of international agreements, 

European directives, and domestic legislation.1

 France is a party to the 1979 Geneva Convention 

on Long-range Transboundary Air Pollution and all its protocols,2

 the 1992 Rio Convention on 

Climate Change,3

 the 1997 Kyoto Protocol,4 and the 2015 Paris Agreement.5 France is also bound 

by European Union texts such as Directive 2008/50/EC on Ambient Air Quality and Cleaner Air 

for Europe 6 and Directive 2016/2284 on the Reduction of National Emissions of Certain 

Atmospheric Pollutants. 7 Directive 2008/50/EC has been incorporated in French domestic 

legislation,8 but not Directive 2016/50/EC. 

The first significant domestic legislation on air pollution came in 1961, with a law on atmospheric 

pollution and odors.9 This marked the beginning of gradually stronger policy responses to air 

pollution, with a landmark law being adopted in 1996: the Law on Air and Rational Energy Usage 

(often referred to under its French acronym, LAURE).10 Although many of its provisions have 

been superseded by more recent legislation, this law is significant, among other reasons, for being 

 

1

 PASCAL PLANCHET, DROIT DE L’ENVIRONNEMENT [ENVIRONMENTAL LAW] 161–62 (2015). 

2

 Convention on Long-range Transboundary Air Pollution (CLRTAP), Nov. 13, 1979, 1302 U.N.T.S. 217, 

http://www.unece.org/fileadmin/DAM/env/lrtap/full%20text/1979.CLRTAP.e.pdf, archived at

http://perma.cc/F9ZJ-DU4Y. 

3

 United Nations Framework Convention on Climate Change (UNFCCC), May 9, 1992, 1771 U.N.T.S. 107, 

http://unfccc.int/files/essential_background/background_publications_htmlpdf/application/pdf/conveng.pdf, 

archived at http://perma.cc/2XMZ-7GKG. 

4

 Kyoto Protocol to the United Nations Framework Convention on Climate Change (Kyoto Protocol), Dec. 11, 1997, 

2303 U.N.T.S. 162, annex B, http://unfccc.int/resource/docs/convkp/kpeng.pdf, archived at http://perma.cc/3HQMLT8M. 

5

 Paris Agreement, Dec. 12, 2015, http://unfccc.int/files/essential_background/convention/application/pdf/english_ 

paris_agreement.pdf, archived at http://perma.cc/9UKH-4U6T. 

6

 Directive 2008/50/EC of the European Parliament and of the Council of 21 May 2008 on Ambient Air Quality and 

Cleaner Air for Europe (Ambient Air Quality Directive), 2008 O.J. (L 152) 1, https://eur-lex.europa.eu/legalcontent/EN/TXT/PDF/?uri=CELEX:32008L0050&from=EN, archived at http://perma.cc/6XF2-QWC4. 

7

 Directive (EU) 2016/2284 of the European Parliament and of the Council of 14 December 2016 on the Reduction 

of National Emissions of Certain Atmospheric Pollutants, Amending Directive 2003/35/EC and Repealing Directive 

2001/81/EC, http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32016L2284&from=FR, archived at

https://perma.cc/RU7R-DKML. 

8

 Décret n° 2010-1250 du 21 octobre 2010 relatif à la qualité de l’air [Decree No. 2010-1250 of 21 October 2010 

Regarding Air Quality], https://www.legifrance.gouv.fr/eli/decret/2010/10/21/DEVE1016116D/jo/texte, archived at 

https://perma.cc/RFP9-P6MT. 

9

 Loi No. 61-842 du 2 aout 1961 relative à la lutte contre les pollutions atmosphériques et les odeurs et portant 

modification de la loi du 19 décembre 1917 [Law No. 61-842 of 2 August 1961 Regarding the Fight Against 

Atmospheric Pollutions and Odors and Amending the Law of 19 December 1917], 

https://www.legifrance.gouv.fr/jo_pdf.do?id=JORFTEXT000000684032, archived at https://perma.cc/V4X2-

HVWC. 

10 Loi n° 96-1236 du 30 décembre 1996 sur l’air et l’utilisation rationnelle de l'énergie [Law No. 96-1236 of 30 

December 1996 on Air and Rational Energy Usage], https://www.legifrance.gouv.fr/affichTexte.do?cidTexte= 

JORFTEXT000000381337&categorieLien=id, archived at https://perma.cc/JHB9-GKZ7. 
Regulation of Air Pollution: France

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the first to recognize a right “for everyone to breathe air that is not harmful to their health.”11 Other 

noteworthy laws include the so-called Grenelle II Law of 201012 and the 2015 Law on Energy 

Transition for Green Growth.13 All provisions currently in effect are codified in the Code de 

l’Environnement (Environmental Code).14 Additionally, air quality is managed at the national and 

local levels through regulatory measures such as regional schemes on climate, air and energy 

(Schémas régionaux du climat, de l’air et de l’énergie, SRCAE) and territorial climate energy 

plans (Plans climat-énergie territoriaux, PCET).15 With some exceptions, the present report will 

mostly focus on regulations and policies at the national level. 

II. Air Quality Monitoring 

An extensive air quality monitoring system was progressively put in place from 1997 onward, first 

in towns of over 25,000 inhabitants, and by January 2000 throughout the entire national territory.16 

The air quality monitoring system relies on a network of licensed nonprofit groups referred to as 

licensed associations for air quality monitoring [Associations agréées de surveillance de la qualité 

de l’air, AASQAs].17 The leadership of each AASQA is composed of representatives from the 

national government, regional and local authorities, industries that emit monitored substances, 

recognized environmental advocacy groups and consumer advocacy groups, and at least one 

representative from the healthcare professions.18 There are currently eighteen AASQAs covering 

the entire French territory under the coordination of the Central Laboratory for Air Quality 

Monitoring (Laboratoire central de surveillance de la qualité de l’air).19

 

11 Id. art. 1 (all translations by author); PLANCHET, supra note 1, at 162. 

12 Loi n° 2010-788 du 12 juillet 2010 portant engagement national pour l’environnement [Law No. 2010-788 of 12 

July 2010 for a National Commitment to the Environment], https://www.legifrance.gouv.fr/eli/loi/2010/ 

7/12/DEVX0822225L/jo/texte, archived at https://perma.cc/4XM8-JQ4B. 

13 Loi n° 2015-992 du 17 août 2015 relative à la transition énergétique pour la croissance verte [Law No. 2015-992 

of 17 August 2015 Regarding Energy Transition for Green Growth], https://www.legifrance.gouv.fr/eli/loi/2015/ 

8/17/DEVX1413992L/jo/texte, archived at https://perma.cc/T9JN-P9NH. 

14 CODE DE L’ENVIRONNEMENT [ENVIRONMENTAL CODE], https://www.legifrance.gouv.fr/affichCode.do? 

cidTexte=LEGITEXT000006074220&dateTexte=20180412, archived at https://perma.cc/R2QR-77C9. 

15 PLANCHET, supra note 1, at 165; C. ENVIRONNEMENT, arts. L222-1, L229-26. 

16 MICHEL PRIEUR, DROIT DE L’ENVIRONNEMENT [ENVIRONMENTAL LAW] 665–66 (2016). 

17 Id.; Le dispositif de surveillance de la qualité de l’air en France [The Air Quality Monitoring System in France], 

MINISTÈRE DE LA TRANSITION ÉCOLOGIQUE ET SOLIDAIRE [MINISTRY FOR ENVIRONMENTAL AND SOLIDARITY 

TRANSITION] (Nov. 14, 2017), http://www.statistiques.developpement-durable.gouv.fr/lessentiel/ar/227/0/dispositifsurveillance-qualite-lair-france.html, archived at https://perma.cc/674H-4TPG. 

18 Id.; C. ENVIRONNEMENT, art. R221-9. 

19 Le dispositif de surveillance de la qualité de l’air en France [The Air Quality Monitoring System in France], 

MINISTÈRE DE LA TRANSITION ÉCOLOGIQUE ET SOLIDAIRE, supra note 17. 
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III. Atmosphere Protection Plans and Air Quality Standards 

Measure to prevent pollution include prohibitions or limitations on the emission of certain 

substances. This is done through mandatory technical standards regarding the manufacture, sale, 

storage, use, maintenance, and/or disposal of various products and goods.20 The legislation and 

regulations mandating these technical standards are often found in the Environmental Code, but 

are sometimes found in other French legal codes,21 such as the Road Code (for vehicles)22 or the 

Building and Housing Code (for buildings).23 

Pollution is also prevented through “atmosphere protection plans.” All urban areas of over 250,000 

inhabitants must implement policies to limit air pollution to meet standards set by the 

government.24 These standards are established by the French government but must be consistent 

with standards set by the European Union and, when applicable, the World Health Organization.25 

These standards concern levels of nitrogen dioxide (NO2), oxides of nitrogen (NOx), sulfur dioxide 

(SO2), lead (Pb), particulate matter 10 micrometers or less in diameter (PM10) and 2.5 micrometers 

or less in diameter (PM2.5), carbon monoxide (CO), benzene (C6H6), ozone (O3), as well as 

concentrations of arsenic, cadmium, nickel, and benzo[a]pyrene.26 The Environmental Code 

standards are expressed, depending on the substance in question, in terms of annual averages, daily 

averages, or hourly averages, with some substances being subject to limits expressed in more than 

one type of average.27 Nitrogen dioxide emissions, for example, are limited to both an annual 

average of 40 micrograms per cubic meter of air (μg/m3) and an hourly average of 200 μg/m3 that 

must not be exceeded for more than eighteen hours per year.28

 

20 PLANCHET, supra note 1, at 163. 

21 Id. 

22 CODE DE LA ROUTE [ROAD CODE], arts. L318-1 to L318-4, R318-1 to R318-10, https://www.legifrance.gouv. 

fr/affichCode.do;jsessionid=7AD8E325EB9339510171A71C95A27823.tplgfr36s_3?cidTexte=LEGITEXT0000060

74228&dateTexte=20180413, archived at https://perma.cc/GP4K-FLBQ. 

23 CODE DE LA CONSTRUCTION ET DE L’HABITATION [BUILDING AND HOUSING CODE], arts. L111-9 to L111-10-5, 

R111-21, R111-21-1, https://www.legifrance.gouv.fr/affichCode.do?cidTexte=LEGITEXT000006074096&date 

Texte=20180413, archived at https://perma.cc/WZ4D-GEQN. 

24 C. ENVIRONNEMENT, art. L222-4, L222-5. 

25 Id. art. L221-1. 

26 Id. art. R221-1; Les critères nationaux de qualité de l’air [National Air Quality Criteria], AIRPARIF [LICENSED 

ASSOCIATION FOR AIR QUALITY MONITORING], https://www.airparif.asso.fr/reglementation/normes-francaises (last 

visited Apr. 13, 2018), archived at https://perma.cc/PV7N-YNZ3. 

27 Id. 

28 Id. 
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The current French air quality standards are as follows: 

Pollutants Limit value Quality 

objectives 

Recommendation 

and information 

threshold Alert threshold Critical level 

Nitrogen 

dioxide 

(NO2) 

Annual mean:Since 

the 01/01/10 : 

40 μg/m3. 

Hourly mean:Since 

the 01/01/10 : 

200 μg/m3 not to be 

exceeded more than 

18 per year. 

Annual 

mean:40 μg/m3. 

Hourly 

mean:200 μg/m3. 

Hourly mean:

400 μg/m3 

exceeded on 3 

consecutive 

hours. 

200 μg/m3 if the 

information level 

has already been 

reached the day 

before and the 

current day, and if 

a new 

exceedence is 

forecasted for the 

next day. 

Nitrogen 

oxides 

(NOx) 

Annual 

mean(NO2 

equivalent) : 

30 μg/m3 (for the 

vegetation 

protection). 

Sulphur 

dioxide 

(SO2) 

Hourly mean: 

125 μg/m3 not to be 

exceeded more than 

3 per year. 

Daily mean: Since 

the 01/01/05 : 

350 μg/m3 not to be 

exceeded more than 

24 per year. 

Annual 

mean: 50 μg/m3. 

Hourly 

mean: 300 μg/m3. 

Hourly 

mean 500 μg/m3 

exceeded on 3 

consecutive 

hours. 

Annual & winter

mean (for the 

vegetation 

protection ): 

20 μg/m3. 

Lead 

(Pb) 

Annual mean:Since 

the 01/01/02 : 

0,5 μg/m3. 

Annual mean:

0,25 μg/m3. 

Particles with 

a diameter of 

10 

micrometers 

or less 

(PM10) 

Annual mean:Since 

the 01/01/05 : 

40 μg/m3. 

Hourly mean: Since 

the 01/01/2005 : 

50 μg/m3 not to be 

exceeded more than 

35 per year. 

Annual 

mean: 30 μg/m3. 

Daily 

mean:50 μg/m3. 

Daily 

mean:80 μg/m3. 

Carbon 

monoxide 

(CO) 

Maximum daily on 

a 8-hour 

mean: 10 000 μg/m3. 
Regulation of Air Pollution: France

The Law Library of Congress 72 

Benzene 

(C6H6) 

Annual mean: Since 

the 01/01/10 : 

5 μg/m3. 

Annual mean: 

2 μg/m3. 

Pollutant Limit value Quality 

objectives 

Recommendation 

and information 

threshold Alert threshold Target value 

Ozone 

(O3) 

Protection of

human Health, on 

a maximum daily 

eight-hour mean: 

120 μg/m3 per civil 

year. 

Protection of 

vegetation, 

AOT40* from May 

to July 8am to 

8pm : 

6 000 μg/m3.h 

Hourly mean:

180 μg/m3. 

Alert threshold 

for the Human 

health 

protectionAlert 

threshold for the 

Human health 

protection, on a 

hourly mean: 

240 μg/m3 per 

hour 

Alert threshold 

for a progressive 

implementation 

of emergency 

measures, hourly 

means: 

1st threshold: 

240 μg/m3 

exceeded during 3 

consecutive hours. 

2nd threshold: 

300 μg/m3 

exceeded during 3 

consecutive hours. 

3rd threshold: 

360 μg/m3. 

Protection of

human 

Health: 120 μg/m3 

for the daily 

maximun on a 

8hour average not 

to be exceeded 

more than 25 days 

per calendar year 

calculated on a 3 

year average. This 

target value is 

applicable from 

2010. 

Protection of 

vegetation: AOT 

40* from May to 

July from 8am until 

8pm: 

18 000 μg/m3.h on 

a 5 year average. 

This target value is 

applicable from 

2010. 

*AOT40 (expressed in (μg/m3) · hours) means the sum of the difference between hourly concentrations greater than 

80 μg/m3 (= 40 parts per billion) and 80 μg/m3 over a given period using only the one-hour values measured 

between 8.00 and 20.00 Central European Time (CET) each day. 

Polluant Limit value Quality 

objectives Target value Exposure reduction target relative to the AEI*2011 

Exposure 

concentrati

on 

obligation 

Particles 

with a 

diameter 

of 2.5 

micromete

rs or less 

(PM2.5) 

Annual 

mean: 27μg/m3decreasing

every year by equal annual 

percentage to reach 

25μg/m3 by 2015. 

Annual 

mean: 10 μg/

m3. 

Annual 

mean: 20 μg/

m3. 

Initial 

Concentrati

on 

Reducti

on 

target in 

percent 

20 μg/m3 
Regulation of Air Pollution: France

The Law Library of Congress 73 

<= à 

8,5 μg/m3

0%

>8,5 and 

<13 μg/m3

10%

>=13 and 

<18 μg/m3

15%

>=18 and 

<22 μg/m3

20%

>= à 

22 μg/m3

All 

appropria

te 

measures 

to 

archive 

18 μg/m3

Polluant Target value* 

which should be met by the 31st of December 2012 

Arsenic 6 ng/m3 

Cadmium 5 ng/m3 

Nickel 20 ng/m3 

Benzo(a)pyrène

(used as a tracer of the 

carcinogenic risk of polycyclic 

aromatic hydrocarbons - PAHs) 

1 ng/m3 

* Averaged over the calendar year of the total content in the PM10 fraction. 

Source: French Standards, AIRPARIF, https://www.airparif.asso.fr/en/reglementation/normes-francaises (last visited 

Apr. 13, 2018), archived at https://perma.cc/Q6GR-5MQH. Reproduced with permission of Airparif. 

IV. Emergency Measures 

Whenever the air quality limits of a certain area are exceeded or risk being exceeded, the prefect 

responsible for that geographic area must immediately inform the public and take measures to 

mitigate the pollution spike’s magnitude and its effect on the population.29 After informing the 

mayors of towns within the affected zone, the prefect may restrict or entirely suspend the activities 

that contribute to the pollution spike.30 The restrictions must be proportionate to the pollution 

risk.31 Activities that may be restricted include (but are not limited to) automobile traffic—for 

 

29 C. ENVIRONNEMENT, art. L223-1. 

30 Id. 

31 PLANCHET, supra note 1, at 163. 
Regulation of Air Pollution: France

The Law Library of Congress 74 

example, through the temporary lowering of speed limits.32 If necessary, traffic may be entirely 

prohibited for certain categories of vehicles during the duration of the pollution emergency, and 

the prefect may encourage the use of public transportation by lowering transportation rates or by 

making it entirely free.33

There have been several examples of pollution-related emergency measures over the last several 

years. On December 6 and 7, 2016, for example, vehicle traffic in Paris and several nearby suburbs 

was limited due to an excess of fine particles in the air.34 Driving certain vehicles, such as heavy 

trucks and vehicles with uncatalyzed exhaust pipes, was entirely prohibited during that time.35 For 

most other vehicles, an “alternating traffic” plan was enforced: driving vehicles with a license plate 

ending with an even number was authorized on December 6 and prohibited on December 7, while 

vehicles with a license plate ending with an odd number were prohibited on December 6 and 

authorized on December 7.36 Certain vehicles were exempted from this emergency plan, and could 

therefore be driven on both days: “Green” vehicles (such as electric cars, natural gas vehicles, and 

hybrids); vehicles necessary for the performance of public services (such as garbage trucks, police 

vehicles, fire trucks, ambulances, and postal vehicles); vehicles used for the city’s food supply 

(vehicles used to supply the city’s markets, grocery stores, cafes, and restaurants); and light-weight 

and medium-weight vehicles that are absolutely necessary to conduct a professional activity and 

that are easily identifiable as such (buses, taxis, tow-trucks, small trucks, etc.).37

A few weeks later, on January 23–25, 2017, new pollution spikes in several French regions, 

including Paris and Lyon (France’s third largest city), caused the respective prefects of these 

regions to implement emergency plans.38 The plan for Lyon relied principally on an “alternating 

traffic” scheme similar to the one described above.39 However, a new type of scheme was 

implemented in Paris: “differentiated traffic” (circulation différenciée).40 This new plan relies on 

a mandatory classification of vehicles into one of six categories according to the vehicle’s 

emissions level. Paris’ differentiated traffic plan prohibited the operation of the vehicles 

categorized in the two most polluting categories.41 Another differentiated traffic plan, which this 

 

32 C. ENVIRONNEMENT, art. L223-1. 

33 Id. art. L223-2. 

34 Circulation alternée à Paris et en banlieue: qui peut rouler ? [Alternating Traffic in Paris and Suburbs: Who Can 

Drive?], LE PARISION (Dec. 7, 2016), http://www.leparisien.fr/info-paris-ile-de-france-oise/transports/circu lationalternee-qui-peut-rouler-mardi-05-12-2016-6415992.php, archived at https://perma.cc/M3D5-QGPR. 

35 Id. 

36 Id. 

37 Id. 

38 Circulation différenciée ou alternée: qui est affecté et qui peut circuler? [Differentiated or Alternate Traffic: Who 

is Affected and Who May Drive?], LE MONDE (Jan. 23, 2017), http://www.lemonde.fr/pollution/article/2017/ 

01/22/pics-de-pollution-qui-est-affecte-et-qui-pourra-circuler-en-voiture-lundi_5066989_1652666.html, archived at 

https://perma.cc/44EX-968D. 

39 Id. 

40 Id. 

41 Pollution: la circulation différenciée reconduite mardi et mercredi en Ile-de-France [Pollution: Differentiated 

Traffic Rules Renewed for Tuesday and Wednesday in Ile-de-France], LE PARISIEN (Jan. 23, 2017), 
Regulation of Air Pollution: France

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time prohibited the operation of vehicles in the three most polluting categories, was implemented 

in the Paris region on June 22, 2017.42

V. Vehicle Emissions Standards and Restricted Traffic Zones 

The 2015 Law on Energy Transition for Green Growth authorized local authorities to establish 

restricted traffic zones (also referred to as environmental zones) in urban zones and other areas 

subject to an atmosphere protection plan.43 All vehicles operating within these restricted traffic 

zones must display a special sticker indicating their emissions categorization.44 These restricted 

traffic zones may be permanent or weather-dependent.45 Vehicles that do not have the required 

sticker are prohibited from permanently restricted traffic zones at all times, but are allowed in 

weather-dependent zones so long as there is no air pollution spike.46 There are at least twentyeight environmental zones throughout France, including Paris and its region, and the cities of 

Strasbourg, Grenoble, and Lyon.47

The sticker, referred to as the “CRIT’Air sticker” (vignette CRIT’Air), classifies vehicles into one 

of six categories, plus an additional “uncategorized” type that is not eligible for a sticker.48 The 

categories are principally based on European emissions standards (EURO rating) and the date on 

which the vehicle was manufactured.49 

 

http://www.leparisien.fr/info-paris-ile-de-france-oise/transports/paris-la-circulation-differenciee-reconduite-mardi23-01-2017-6608367.php, archived at https://perma.cc/24YH-KJNQ. 

42 Circulation différenciée: les véhicules polluants interdits ce jeudi dans Paris [Differentiated Traffic: Polluting 

Vehicles Forbidden in Paris this Thursday], LE PARISIEN (June 22, 2017), http://www.leparisien.fr/info-paris-ile-defrance-oise/transports/les-vehicules-polluants-interdits-ce-jeudi-dans-paris-21-06-2017-7075470.php, archived at

https://perma.cc/4ZZV-L9TN. 

43 Loi n° 2015-992 du 17 août 2015 relative à la transition énergétique pour la croissance verte [Law No. 2015-992 

of 17 August 2015 Regarding Energy Transition for Green Growth], art. 48, https://www.legifrance.gouv.fr/eli/loi/ 

2015/8/17/DEVX1413992L/jo/texte, archived at https://perma.cc/T9JN-P9NH. 

44 C. ROUTE, arts. L318-1, R411-19. 

45 France Has Introduced the Crit’Air Vignette!, CRIT’AIR, https://www.crit-air.fr/en.html (last visited Apr. 16, 

2018), archived at https://perma.cc/UYT3-7XUB. 

46 The French ZCR and ZPA Environmental Zones, CRIT’AIR, https://www.crit-air.fr/en/information-about-thecritair-vignette/french-environmental-zones-zcr/french-environmental-zones.html (last visited Apr. 16, 2018), 

archived at https://perma.cc/T4TC-DWLX. 

47 France Has Introduced the Crit’Air Vignette!, CRIT’AIR, supra note 46. 

48 Arrêté du 21 juin 2016 établissant la nomenclature des véhicules classés en fonction de leur niveau d’émission de 

polluants atmosphériques en application de l’article R. 318-2 du code de la route [Order of 21 June 2016 

Establishing the Nomenclature of Vehicles Categorized According to their Levels of Air Pollution Emissions in 

Application of Article R.318-2 of the Road Code], Annex, https://www.legifrance.gouv.fr/affichTexte.do; 

jsessionid=083F314642589299B51CFF4776A6E309.tplgfr21s_1?cidTexte=JORFTEXT000032749723&dateTexte

=20160623, archived at https://perma.cc/5KHB-L4AS. 

49 Id. 
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The Law Library of Congress 76 

The CRIT’Air categories are as follows: 

Source: Crit’Air Classification, CRIT’AIR, https://www.crit-air.fr/en/information-about-the-critair-vignette/thefrench-vignette-critair/who-will-get-which-critair-colours.html (last visited Apr. 16, 2018), archived at 

https://perma.cc/KR4S-KPSG. Reproduced with permission of CRIT’Air. 
Regulation of Air Pollution: France

The Law Library of Congress 77 

VI. Carbon Budgets and Low-Carbon Strategy 

On November 18, 2015, the French government issued its first national carbon budget and lowcarbon initiative.50 These were issued in pursuance of a provision of the 2015 Law on Energy 

Transition for Green Growth, codified in the Environmental Code, that requires the government to 

decree, “for the 2015–2018 period, and then for every consecutive five-year period, a national 

greenhouse gas ceiling called the ‘carbon budget’.”51 The 2015 law also requires the government 

to decree a “national low-carbon intensity development strategy, called ‘low-carbon strategy’ . . . 

which defines the road to follow towards a policy to reduce greenhouse gas emissions in conditions 

that are economically sustainable in the medium and long terms.”52 The law specifies that the lowcarbon strategy must “take into account the specificities of the agricultural sector,” in particular 

cattle farming.53 Furthermore, the government should be careful that national efforts to decrease 

emissions are not cancelled out by increased high-carbon imports.54

1. National Carbon Budget 

The French national carbon budgets are essentially “caps on greenhouse gas emissions established 

for successive five-year periods, designed to set the downward trend in emissions.”55 The national 

carbon budget for 2015–CO18 was set at 110 metric tons (t) of CO2 equivalent (CO2 eq) per year 

for economic sectors that fall within the European Union Emissions Trading System (excluding 

international aviation), 332 t of CO2 eq for other sectors, and 442 t of CO2 eq for all sectors 

combined.56 The subsequent all-sectors-combined budgets were set at 399 t of CO2 eq for 2019–

2023 and 358 t of CO2 eq for 2024–2028.57

 

50 La France se dote de «budgets carbone» pour réduire ses émissions de CO2 [France Adopts “Carbon Budgets” 

to Reduce its CO2 Emissions], LE PARISIEN (Nov. 18, 2015), http://www.leparisien.fr/environnement/energies/lafrance-se-dote-de-budgets-carbone-pour-reduire-ses-emissions-de-co2-18-11-2015-5289663.php, archived at

https://perma.cc/398V-M6KC; Décret n° 2015-1491 du 18 novembre 2015 relatif aux budgets carbone nationaux et 

à la stratégie nationale bas-carbone [Decree No. 2015-1491 of 18 November 2015 Regarding National Carbon 

Budgets and the National Low-Carbon Strategy], https://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORF 

TEXT000031493783&categorieLien=id, archived at https://perma.cc/5MDK-FA9Q. 

51 C. ENVIRONNEMENT, art. L222-1A. 

52 C. ENVIRONNEMENT, art. L222-1B. 

53 Id. 

54 Id. 

55 Adoption of the National Low-carbon Strategy for Climate, GOUVERNEMENT.FR (Nov. 27, 2015), 

http://www.gouvernement.fr/en/adoption-of-the-national-low-carbon-strategy-for-climate, archived at 

https://perma.cc/8XYM-2BPY. 

56 Décret n° 2015-1491 du 18 novembre 2015 relatif aux budgets carbone nationaux et à la stratégie nationale bascarbone [Decree No. 2015-1491 of 18 November 2015 Regarding National Carbon Budgets and the National LowCarbon Strategy], art. 3. 

57 Id. 
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2. National Low-Carbon Strategy 

According to the National Low-Carbon Strategy, France aims to reduce its carbon footprint 

through the following measures:58

 a reduction in the carbon intensity of the economy: developing renewable energies, 

using bio-based materials (e.g. timber in construction), encouraging cleaner, more 

mindful travel, especially via low-carbon technologies, and awareness-raising 

among consumers ; 

 a major development of energy savings in all sectors, especially industry, buildings 

and transport ; 

 the development of the circular economy: eco-design, recycling and reuse. 

The means to reach those goals include raising the awareness of companies, institutions, and the 

general public; creating a guarantee fund for energy transition and encouraging energy efficiency 

investments; raising the portion of energy consumption taxes corresponding to carbon 

consumption; encouraging sustainable land management; encouraging research and development 

of new technologies for a carbon-free economy; developing low-carbon transportation, buildings, 

agriculture, and industry; encouraging the development of a bio-based economy; and protecting 

and expanding forest ecosystems.59 

With regard to energy consumption taxes, the government aims to increase the portion 

corresponding to carbon consumption from €22 (about US$27) per metric ton of CO2 in 2016 to 

€56 (US$69) per metric ton of CO2 in 2020 and €100 (US$124) in 2030.60 With regard to lowcarbon transportation, the national strategy takes 2013 levels of emissions as a point of reference 

and aims to reduce transportation emissions by at least 70% of these levels by 2050. This is to be 

achieved in large part by improving vehicle energy efficiency (with a goal of new light-duty 

vehicles having an average fuel efficiency of 2 liters (L)/100km [118 miles/gallon] by 2030) and 

developing the infrastructure for low-carbon transport (charging points for electric cars, etc.).61 

For low-carbon buildings, the national strategy’s target is to reduce residential-tertiary sector 

emissions by at least 87% of 2013 levels by 2050, through regulations increasing the energy and 

environmental performance of new buildings and policies to increase retrofitting efforts for 

existing buildings.62 For low-carbon energy, the goal is to reduce industry emissions by 75% of 

2013 levels by 2050, mainly by improving energy efficiency, recycling and reuse of materials, 

replacing carbon-intensive materials with less carbon-intensive ones, energy recovery, and energy 

 

58 MINISTÈRE DE L’ÉCOLOGIE, DU DÉVELOPPEMENT DURABLE ET DE L’ÉNERGIE [MINISTRY OF THE ENVIRONMENT,

SUSTAINABLE DEVELOPMENT, AND ENERGY], STRATÉGIE NATIONALE BAS-CARBONE [NATIONAL LOW-CARBON 

STRATEGY]: SUMMARY FOR DECISION-MAKERS 5, https://unfccc.int/files/focus/longterm_strategies/application/pdf/national_low_carbon_ strategy_en.pdf (last visited Apr. 16, 2018), archived at 

https://perma.cc/QP2N-ND8U. 

59 Id. at 7–16. 

60 Id. at 8. 

61 Id. at 11. 

62 Id. at 12. 
Regulation of Air Pollution: France

The Law Library of Congress 79 

substitution.63 The plan also notes that “in the longer term, the development and deployment of 

carbon capture and storage (CCS) will play a significant role in achieving targets.”64

VII. National Atmospheric Pollutant Emissions Reduction Plan 

In May 2017, the French government issued national objectives on the emissions of several air 

pollutants.65 These objectives, defined in reference to 2005-level emissions, are as follows: 

From 2020 to 

2024 

From 2025 to 

2029 

From 2030 

Onward 

Sulfur Dioxide (SO2) -55 % -66 % -77 % 

Nitrogen Oxides (NOx) -50 % -60 % -69 % 

Non-Methane Volatile Organic Compounds 

(NMVOC) -43 % -47 % -52 % 

Ammonia (NH3) -4 % -8 % -13 % 

Fine Particles (PM2, 5) -27 % -42 % -57 % 

Source: Décret No. 2017-949 du 10 mai 2017 fixant les objectifs nationaux de réduction des émissions de certains 

polluants atmosphériques en application de l’article L. 222-9 du code de l’environnement art. 1, https://www.legi 

france.gouv.fr/eli/decret/2017/5/10/DEVR1707211D/jo/texte, archived at https://perma.cc/7WUR-KR5Y. 

Concurrently, the government issued a National Air Pollutant Emission Reduction Plan (Plan 

national de Réduction des Emissions de Polluants Atmosphériques, PREPA),66 as required by the 

Environmental Code.67 This Plan consists of a long list of measures to be implemented in the 

2017–2021 time frame in the industry, transportation, building, and agriculture sectors, as well as 

measures to improve research, innovation, and participation and coordination between 

governmental institutions and authorities at all levels.68 This Plan is meant to comply with the 

 

63 Id. at 14. 

64 Id. 

65 Décret No. 2017-949 du 10 mai 2017 fixant les objectifs nationaux de réduction des émissions de certains 

polluants atmosphériques en application de l’article L. 222-9 du code de l’environnement [Decree No. 2017-949 of 

10 May 2017 Establishing National Objectives for the Reduction of Emissions of Certain Atmospheric Pollutants, in 

Application of Article L.222-9 of the Environmental Code], https://www.legifrance.gouv.fr/eli/decret/2017/ 

5/10/DEVR1707211D/jo/texte, archived at https://perma.cc/7WUR-KR5Y. 

66 Arrêté du 10 mai 2017 établissant le plan national de réduction des émissions de polluants atmosphériques [Order 

of 10 May 2017 Establishing the National Air Pollutant Emission Reduction Plan], https://www.legifrance.gouv.fr/ 

jo_pdf.do?numJO=0&dateJO=20170511&numTexte=37&pageDebut=&pageFin=, archived at 

https://perma.cc/WN4U-VS63. 

67 C. ENVIRONNEMENT, art. L222-9. 

68 Arrêté du 10 mai 2017 établissant le plan national de réduction des émissions de polluants atmosphériques, 

Annex. 
Regulation of Air Pollution: France

The Law Library of Congress 80 

objectives of the Gothenburg Protocol and European Directive 2016/2284.69 It is worth noting 

that there appears to be a certain amount of overlap between this Plan and the National LowCarbon Strategy described above. 

With regard to industry, the principal measures included in the Plan include the strengthening of 

air emissions controls, the tightening of regulatory requirements, and the reinforcement of the 

General Tax on Polluting Activities (Taxe Générale sur les Activités Polluantes, TGAP).70 

For transportation, the Plan includes measures towards increased tax convergence between 

gasoline and diesel, incentives for bicycle usage, more traffic restriction zones, replacement or 

conversion of existing vehicles, development of infrastructures for clean alternative fuels, limiting 

the amount of sulfur in marine fuels, verification of actual vehicle emissions, and an initiative with 

Mediterranean countries to set up a low-emission zone in the Mediterranean area.71 For the 

residential and tertiary building sectors, the Plan includes measures to lower the sulfur content of 

domestic heating oil, incentives to make existing buildings more energy efficient and for the 

replacement of poorly performing heating equipment, support for the development of alternatives 

to the burning of waste, prohibiting the sale of personal garden incinerators, and raising 

public awareness.72

With regard to agriculture, the National Air Pollutant Emission Reduction Plan includes measures 

to reduce emissions of ammonia and particulates, develop alternatives to burning agricultural 

residues, study and monitor the dissemination of phytopharmaceutical products in the air, enforce 

the prohibition on aerial application of pesticides, provide financial incentives towards the 

reduction of volatile ammonia, and spread agricultural technologies and practices that help reduce 

air pollution.73

 

69 CLAIRE ROSEVÈGUE & NADINE ALLEMAND, MINISTÈRE DE LA TRANSITION ÉCOLOGIQUE ET SOLIDAIRE [MINISTRY 

FOR ENVIRONMENTAL AND SOLIDARITY TRANSITION], FRENCH PLAN TO REDUCE EMISSIONS OF AIR POLLUTANTS 3 

(June 2, 2017), https://www.unece.org/fileadmin/DAM/env/documents/2017/AIR/WGSR/1_French_plan_to_ 

reduce_emissions_of_air_pollutants_Claire_Rosevegue.pdf, archived at https://perma.cc/ZV5P-P2C6. 

70 Arrêté du 10 mai 2017 établissant le plan national de réduction des émissions de polluants atmosphériques, 

Annex. 

71 Id. 

72 Id. 

73 Id. 
The Law Library of Congress 81

Israel 

Ruth Levush 

Senior Foreign Law Specialist

SUMMARY Israel recognizes the importance of reducing fossil-fuel consumption for both strategic and 

environmental reasons. Israel is therefore a signatory to a number of environmental 

protection international agreements, including the 2016 Paris Agreement. Israel has an 

extensive legislative and regulatory framework addressing clean air requirements, ozone 

standards, greenhouse gas tailpipe emission standards, and clean air requirements for 

industrial facilities. The government has adopted multiple decisions on the development of 

clean air strategies, projects, and standards for the production and use of renewable fuel. 

I. Introduction 

Israel considers a reduction in its reliance on natural gas and its replacement with renewable fuels 

to be important objectives, both strategically and for environmental reasons. Meeting these goals 

is expected to reduce the dependence of the state on imports of oil and protect the environment by 

reducing levels of pollution.1 

The regulation of fuel emissions and policies for the encouragement of renewable fuel sources are 

based on a variety of laws, regulations, government decisions, and programs.2

 The main legislative 

instrument for the control of air quality is the Abatement of Nuisances Law 5721-1961. This Law 

makes it illegal to cause any considerable or unreasonable noise or air pollution, including odors, 

“if it disturbs or is likely to disturb a person in the vicinity or a passerby.”3 The Law authorizes the 

Ministry of Environmental Protection “to issue nuisance removal orders, and, in case of 

noncompliance, to remove the nuisance and to charge the person responsible with double the 

 

1

 Ingman D. et al., MoEP, Review of Standards for Adaptability and Persistence of Local Fuel Transportation, 

Distribution and Storage Infrastructures for Alternative Fuels (e.g. methanol [M30, M60, M85], ethanol [E10, E85], 

isobutanol [DME]) at 80 (Apr. 2, 2016), http://www.sviva.gov.il/InfoServices/ReservoirInfo/DocLib4/R0401-

R0500/R0422.pdf, archived at https://perma.cc/3Y3Y-CZ6B. 

2

 Unofficial translations of some environmental legislation are available on the Israel Ministry of Environmental 

Protection (MoEP) website, at http://www.sviva.gov.il/English/Legislation/Pages/Legislation.aspx (last visited Apr. 

13, 2018), archived at https://perma.cc/EPA5-AYXK. For a list and full text of primary legislation and amendments 

on environment protection see the Knesset (Israel Parliament) website, using the term הסביבה הגנת) environment 

protection), at http://main.knesset.gov.il/Activity/Legislation/Laws/Pages/LawLaws.aspx?t=lawlaws&st= 

lawlaws&sl=10 , archived at https://perma.cc/D9QP-UC53. Up-to-date texts of all legal sources cited in this report 

are available in the Nevo Legal Database, http://www.nevo.co.il, and the Takdin Legal Database, 

http://www.takdin.co.il (both by subscription, in Hebrew, last visited Apr. 9, 2018). 

3

 Abatement of Nuisances Law 5721-1961, SEFER HAHUKIM [SH] [BOOK OF LAWS (the official gazette)] 5761 No. 

332 p. 58, as amended, unofficial English translation available at http://www.sviva.gov.il/English/Legislation/ 

Pages/PollutionAndNuisances.aspx, archived at https://perma.cc/86KE-SV3Q. 
Regulation of Air Pollution: Israel 

The Law Library of Congress 82

expenses. All payments and fines under the law are paid to a designated fund, established under 

the Maintenance of Cleanliness Law.”4

The Clean Air Law, 5768-2008 came into effect in January 2011.5 The Law provides a 

comprehensive framework for the reduction and prevention of air pollution by “imposing 

obligations on the government, local authorities, and the industrial sector.”6 Among requirements 

imposed by the Law are the establishment of emission limits, the issuance of emission permits 

from major industrial polluters, the publication of air quality data and forecasts, the monitoring 

and sampling of air pollutants, and the introduction of enforcement mechanisms. The Law includes 

strict penalties for violators.7 Specific standards of industrial and vehicle pollution sources are 

regulated under various pieces of legislation regarding licensing, reporting and registering. 

Israel signed the Paris Agreement on April 22, 2016.8 The Ministry of Environment Protection 

(MoEP) noted that, 

[t]o comply with the Agreement, national level preparation is required that relates, first and 

foremost, to implementation of the national target for greenhouse gas (GHG) emissions 

reduction in 2030. This target was determined in Government Decision 542 from 

September 2015 and was submitted as part of Israel’s intended Nationally Determined 

Contribution (INDC) to the Climate Change Convention Secretariat.9

In furtherance of this objective, the Israel National Plan for Implementation of the Paris Agreement 

(INPIPA), was adopted in September 2016. It addresses several issues, including 

 reduction of GHG emissions, 

 monitoring and control, 

 international financing, 

 participating in international negotiations, and 

 development of a training program.10

 

4

 Abatement of Environmental Nuisances Law, 1961, summarized at Pollution and Nuisances, MOEP, 

http://www.sviva.gov.il/English/Legislation/Pages/PollutionAndNuisances.aspx (last visited Apr. 13, 2018), 

archived at https://perma.cc/QN2X-EHKN. 

5

 Clean Air Law, 5768-2008, SH 5768 No. 2174 p. 752, as amended. 

6 Pollution and Nuisances, supra note 4. 

7

 UNEP, ISRAEL AIR QUALITY CATALOGUE 1–2 (2015), https://wedocs.unep.org/bitstream/handle/20.500.11822/ 

17221/Israel.pdf?sequence=1&isAllowed=y, archived at https://perma.cc/XX2F-WR5Y. 

8

 Paris Agreement, Dec. 12, 2015, available at http://unfccc.int/files/essential_background/convention/ 

application/pdf/english_paris_agreement.pdf, archived at https://perma.cc/J534-K5BC. 

9

 MoEP, Israel National Plan for Implementation of the Paris Agreement (INPIPA) (Sept. 2016), http://www.sviva. 

gov.il/InfoServices/ReservoirInfo/DocLib2/Publications/P0801-P0900/P0836eng.pdf, archived at

https://perma.cc/6ZGN-HT26. 

10 Id. 
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This report addresses Israeli legislation, regulatory norms, government programs, and INPIPA 

provisions regarding clean air requirements, focusing particularly on issues concerning ozone 

standards, greenhouse gas tailpipe emission standards, clean air requirements for industrial 

facilities, and programs establishing renewable fuel standards. 

II. Air Quality Standards 

National ambient air quality standards were first established in Israel in 1992 within the framework 

of the Abatement of Nuisances Law 5721-1961.11 The current standards were determined under 

the authority provided to the Minister of Environment Protection in accordance with the Clean Air 

Law, 5768-2008. The 2008 Law authorizes setting target values for the presence in the air of 

specified compounds.12 These include 

(1) values whose exceedance constitutes potential danger or harm to the life, health and 

quality of life of human beings, to property and to the environment, including in soil, water, 

fauna and flora, and which should be striven to achieve as a target (in this Law: 

target values) . . . ; 

(2) values whose exceedance constitutes considerable or unreasonable air pollution, to be 

set on the basis of the target values and of updated scientific and technological knowledge, 

and in consideration of the practical possibility of preventing exceedance from the target 

values (in this Law: ambient air quality values) . . . ; [and] 

(3) values whose exceedance, in short term exposure, causes or is liable to cause danger or 

harm to the health of human beings, and which require undertaking immediate measures 

to prevent their exceedance or to prevent the damage derived from their exceedance (in 

this Law: alert threshold) . . . .13

The current standards for the above categories are provided by the Clean Air (Air Quality Values) 

Regulations (Temporary Provision), 5771-2011, with effect to March 1, 2021.14

The regulations set target and ambient values for a list of chemical compounds, including ozone. 

The regulations determine the target value for ozone as 100 micrograms per cubic meter (mcg/cm) 

in eight hours.15 The ambient value for ozone was set at 140 mcg/cm in eight hours with ten annual 

 

11 Abatement of Nuisances Law 5721-1961, SH 5761 No. 332 p. 58, as amended. 

12 Clean Air Law, 5768-2008, § 6, SH 5768 No. 2174 p. 752, as amended. 

13 Id. 

14 Clean Air (Air Quality Standards) Regulations 5771-2011, KOVETZ HATAKANOT [KT] [SUBSIDIARY 

LEGISLATION] 5771 No. 7002 p. 970, as amended, up-to-date text available in the Nevo Legal Database (in Hebrew, 

by subscription), archived at https://perma.cc/6ALJ-94K3, partial translation (not including supplements) available 

at http://www.sviva.gov.il/English/Legislation/Documents/Clean Air Laws and Regulations/CleanAirRegulationsAirQualityValues-2011.pdf, archived at https://perma.cc/ZM5B-HRW6. 

15 Clean Air (Air Quality Standards) Regulations 5771-2011, 1st Supp. 
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deviations permitted.16 The alert threshold for ozone was set at 240 mcg/cm in three 

consecutive hours.17

III. Clean Air Requirements for Industrial Facilities 

A. Emission Permits for Industry Pollutants 

Under the Clean Air (Emissions Permits) Regulations 5770-2010, which came into force in 2010, 

applications for emissions permits are required to be prepared according to specific guidelines 

based on reference documents (BREFs) on Best Available Techniques (BAT).18 

Maximum permissible emission levels are regulated under the Licensing of Businesses Law, 5728-

1968, and determined within the framework of conditions in the businesses licenses of small and 

medium installations.19 Accordingly, “[u]niform specifications have been set for some sectors. 

Businesses are monitoring to ensure ongoing compliance with environmental 

license conditions.”20

B. Reporting and Registering Duties 

Israel has committed to the implementation of a Pollutant Release and Transfer Register (PRTR) 

“within the framework of the country’s joining the OECD.”21 This includes imposing an 

obligation on factories to report on emissions and transfers, establish a data management system, 

and publish the resulting data for public consumption.22 

The Protection of the Environment (Releases and Transfers to the Environment Reporting and 

Registering Obligations) Law, 5772-201223 imposes reporting obligations on facilities that have a 

significant impact on the environment. The annex to the law includes a list of 114 pollutants and 

seventy-four activities by several industrial sectors. This information is publicly accessible on an 

 

16 Id., 2d Supp. 

17 Id., 3d Supp. 

18 Clean Air (Emissions Permits) Regulations 5770-2010, § 14, KT 5770 No. 6904 at 1334, as amended; see also

ISRAEL AIR QUALITY CATALOGUE, supra note 7, at 2. 

19 Licensing of Businesses Law, 5728-1968, SH 5728 No. 537 at 204, as amended. 

20 ISRAEL AIR QUALITY CATALOGUE, supra note 7, at 2.

21 See 2016 Emissions and Transfers, MOEP, at 5, http://www.sviva.gov.il/English/env_topics/IndustryAnd 

BusinessLicensing/PRTR/PRTRReportingInIsrael/Documents/PRTR-2016-data-published-sept-2017.pdf,, archived 

at https://perma.cc/P7F6-ZF4U. For 2016 PRTRR figures see MOEP, POLLUTANT RELEASE AND TRANSFER 

REGISTER SUMMARY AND ANALYSIS OF 2016 REPORTS (Sept. 2017), http://www.sviva.gov.il/English/ 

env_topics/IndustryAndBusinessLicensing/PRTR/PRTRReportingInIsrael/Documents/PRTR-2016-data-publishedsept-2017.pdf, archived at https://perma.cc/R8AM-6TFS . 

22 Id. 

23 Protection of the Environment (Releases and Transfers to the Environment Reporting and Registering 

Obligations) Law, 5772-2012, SH 5772 No. 2348 p. 238, as amended. 
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internet-based PRTR.24 The guidelines for the PRTR system were set in the Kiev Protocol on 

Pollutant Release and Transfer Registers, which Israel acceded to in January 2013.25 

C. Environmental Impact Index of Public Companies 

The MoEP introduced an Environmental Impact Index of Public Companies in 2014. This Index 

ranks the potential environmental impact of factories across Israel based on 

data from the PRTR submitted by the company, the proximity of its factory to population 

centers and water sources, risks arising from the storage of hazardous materials at the 

facility, and compliance with environmental protection laws. The index allows investors to 

receive straightforward information about a company’s environmental risk level.26

The MoEP’s website lists the “20 Companies with the Most Potential to Pollute.”27

D. Regional Program for Reduction of Industrial Emissions 

In 2008 the government adopted a national plan for the reduction of industrial emissions in the 

Haifa Bay region. The plan was updated in September 2015. The main elements of the 2015 Haifa 

Bay Action Plan call for setting regional targets for the reduction of air pollutant emissions from 

industrial sources and from vehicular emissions, relocating hazardous facilities such as fuel farms 

and fuel tanks to less populated sites, and making environmental information accessible.28

IV. Reduction of Vehicular Pollution 

In recent years Israel has undertaken several measures to reduce vehicle pollution. These include 

the adoption of EU vehicle emission standards, encouraging the importation and operation of 

efficient fuel vehicles through the use of tax incentives, retrofitting heavy fleet vehicles with filters 

 

24 Pollutant Release and Transfer Register (PRTR), MOEP, http://www.sviva.gov.il/English/env_topics/IndustryAnd 

BusinessLicensing/PRTR/Pages/default.aspx (last visited Apr. 5, 2018), archived at https://perma.cc/2K2D-KV4L. 

25 Protocol on Pollutant Release and Transfer Registers, MOEP, http://www.sviva.gov.il/English/env_topics/ 

InternationalCooperation/IntlConventions/Pages/KievProtocol.aspx (last visited Apr. 5, 2018) archived at

https://perma.cc/PN6Y-A3LB. 

26 ISRAEL AIR QUALITY CATALOGUE, supra note 7, at 5. For the criteria used to determine public company index 

rankings see 2015 Environmental Impact Index: Public Companies, MOEP, http://www.sviva.gov.il/English/env_ 

topics/Sustainable%20Development/Environmental-Impact-Index/Pages/2015-Public%20Companies-ImpactIndex.aspx (last visited Apr. 12, 2018), archived at https://perma.cc/DH5R-MR4T. 

27 2015 Environmental Impact Index: Public Companies, supra note 26. 

28 For specific details see Haifa Bay Action Plan to Reduce Pollution and Environmental Risks, MOEP, 

http://www.sviva.gov.il/English/env_topics/IndustryAndBusinessLicensing/Haifa-Bay-Industrial-Zone/Action-Planto-Reduce-Pollution/Pages/Plan-to-Reduce-Air-Pollution-and-Environmental-Risks-in-Haifa-Bay-2015-2020.aspx

(last visited Apr. 13, 2018), archived at https://perma.cc/FS7D-GYX6. 
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and other technologies, removing old and polluting vehicles from use, and equipping fleets with 

new vehicles. The following discussion provides specific information on these measures.29

A. Exhaust Emission Standards 

According to information provided by the MoEP, 

[i]n the mid-1990s Israel adopted European vehicle emission standards (Euro standards) 

and the US Tier standards for gasoline-powered passenger cars and light-duty diesel engine 

vehicles. (While the standards requirements were the same, Israeli standards sometimes 

went into effect after they went into effect in Europe or the US). 

The standards have become gradually stricter - with new standards going into effect every 

few years. This has resulted in a significant reduction of vehicular pollution emissions on 

Israeli roads since the 1990s. 

Today, every new vehicle that is imported into or sold in Israel must comply with 

government requirements that it not exceed the maximum permitted values of pollution 

emissions for that vehicle.30

B. Fuel Quality Standards 

Israel adopted Euro 5 fuel quality standards, which dictated a 10 parts per million (ppm) sulfur 

limit, in January 2009.31

C. Establishment and Enforcement of Vehicle Emission Limits 

A 2015 United Nations Environmental Protection Agency report summarizes steps taken by Israel 

regarding the establishment and enforcement of vehicle emission limits: 

Vehicle emission standard requirements are identical to EU limits in terms of Euro rating. 

Rules and technical specifications have been set for air pollution emission tests from diesel 

and gasoline- powered vehicles in vehicle inspection stations during annual road 

worthiness tests. 

Israel’s air quality monitoring network includes transportation stations situated at road 

level along main transportation arteries to monitor the primary pollutants emitted 

from vehicles. 

 

29 Government Measures to Reduce Vehicular Pollution, MOEP, http://www.sviva.gov.il/English/env_topics/ 

AirQuality/PollutionFromTransportation/GovtMeasures/Pages/default.aspx (last visited Apr. 13, 2018), archived at

https://perma.cc/KPQ5-JWUN. 

30 Government Measures to Reduce Vehicular Pollution, IMEP, http://www.sviva.gov.il/English/env_ 

topics/AirQuality/PollutionFromTransportation/GovtMeasures/Pages/default.aspx#GovXParagraphTitle3 (last 

visited Apr. 10, 2018), archived at https://perma.cc/A75K-TTJG . 

31 Id. 
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Mobile enforcement units are responsible for roadside enforcement. Vehicles with 

excessive emissions are taken off the road. 

An 83% purchase tax is imposed on all vehicles powered by conventional 

combustion engines. 

The “green tax” car reform directly links the purchase tax on a vehicle to its emission 

levels, providing an incentive for buying low polluting vehicles: cleaner conventional 

combustion engine cars enjoy a purchase tax rebate and low purchase taxes are imposed 

on hybrids (30%) and electric cars (8%). 

Publication of air pollution emission data is required in all vehicle advertisements as 

of 2009. 

In January 2015, the Ministry of Environmental Protection issued instructions on air 

pollution reduction to owners of heavy vehicle fleets. The instructions set an average target 

for the vehicle fleet to ensure compliance with Euro 4 and Euro 5 emission standards by 

2018 and require the gradual use of alternative propulsion systems (electric, hybrid, natural 

gas, or biodiesel) so that by 2020, 3% of the fleet will be powered by alternative fuels. 

Monitoring trends show a decrease in carbon monoxide and hydrocarbon emissions due to 

improvements in emission reduction technologies including catalytic converters which are 

mandatory since 1994.32

D. Minimizing Pollution from Heavy Vehicle Fleets 

1. 2015 Rules 

In January 2015 the MoEP issued rules for heavy vehicle fleets. Among other things the rules were 

intended to reduce air pollution by removing older and more polluting heavy vehicles from the 

road and replacing them with electric or natural gas vehicles.33 The rules 

1. Set an average emissions target for a fleet of vehicles, so that by 2018, it will meet the 

Euro 4 and Euro 5 emission standards. 

2. Prohibit the use of particularly polluting vehicles. 

3. Require that engines be turned off when vehicles are idle. 

4. Require gradual use in alternative fuel vehicles (electric, hybrid, natural gas, or 

biodiesel), so that by 2020, 3% of the fleet will be powered by alternative fuels. 

5. Set rules to prevent visible smoke emission from vehicles. 

 

32 “Vehicle Emission Limit,” ISRAEL AIR QUALITY CATALOGUE, supra note 7, at 5–6. 

33 Reducing Pollution from Heavy Vehicle Fleets, MOEP, http://www.sviva.gov.il/English/env_topics/AirQuality/ 

PollutionFromTransportation/GovtMeasures/Pages/Reducing-Pollution-from-Heavy-Vehicle-Fleets.aspx (last 

visited Apr. 3, 2018), archived at https://perma.cc/ZA4W-A8HT. 
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6. Require drivers to be trained in cost-effective and “green” driving. 

7. Require fleet owners to register, submit reports, and publicize those reports, so that the 

public will be able to monitor the compliance of these companies to the 

pollution targets.34

2. 2018 Rules 

New rules issued by the MoEP will enter into effect in November 2018. The rules will require the 

installation of special particle filters in heavy fleet vehicles as a condition for renewal of operating 

licenses. The rules will also require labeling vehicles according to a rating of their impact on air 

pollution under the following categories: “clean vehicle” (electric), “reduced pollution vehicle,”,; 

and “polluting vehicle.” The rules will apply to heavy fleet vehicles using diesel that were 

registered in Israel “up to 2005” (presumably including 2005) and are used for the transport of at 

least eight passengers, or commercial vehicles with a total weight of 12 metric tons or higher. The 

rules are expected to reduce air pollution from vehicles in Israel by 30%.35

The MoEP has undertaken to fully subsidize the acquisition of Retrofit Diesel Particulate Filter 

(DPF) Exhaust Systems. DPF-approved systems are those proven to have reduced particulate 

matter by 98%.36 The MoEP will also provide compensation for the disposal of heavy fleets in 

accordance with the criteria posted on its website.37

E. “Clean Car Revolution” Initiatives 

Since 2016, the MoEP has launched a number of programs and projects aimed at reducing 

vehicular air pollution. A list of clean car revolution initiatives is available at the MoEP’s website 

and includes the following: 

 Subsidizing the Purchase of Hybrid Taxis 

 Electric Buses 

 Electric Car Ride-Share 

 Particulate Filters on Garbage Trucks 

 Low-Emission Zones in Urban Centers 

 

34 Id. 

35 Plan to Minimize Air Pollution from Diesel Operated Vehicles, MOEP, http://www.sviva.gov.il/subjectsEnv/Sviva 

Air/CarPollution/program-heavy-diesel-engines-2018/Pages/about-program-heavy-diesel-engines-2018.aspx? 

utm_source=from-LP-to-about-pg&utm_campaign=heavy-diesel-engines-2018 (in Hebrew; last visited Apr. 6, 

2018), archived at https://perma.cc/U4WK-NNTJ. 

36 Particulate Matter, MOEP, http://www.sviva.gov.il/InfoServices/ReservoirInfo/DocLib2/Publications/P0701-

P0800/P0762/Particulate-Matter.pdf (in Hebrew; last visited Apr. 6, 2018), archived at https://perma.cc/FM2KEUME. 

37 Id. 
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 Reducing Pollution from Commuting with Private Cars 

 Program to Reduce Pollution from Diesel Vehicles38

V. Reducing Greenhouse Gases 

A. Israel National Plan for Implementation of the Paris Agreement 

Israel signed the 2015 Paris Agreement39 on April 22, 2016.40 Intended to enhance the 

implementation of the 1992 United Nations Framework Convention on Climate Change, the 

Agreement “aims to strengthen the global response to the threat of climate change.”41 

The Agreement calls for reducing emissions and limiting the rise in average global temperature, 

increasing the capacity to adapt to the existing impacts of climate change, and assuring the 

availability of financial resources to support the global effort toward mitigation and adaptation to 

climate change. The Agreement further “requires all Parties to put forward their best efforts 

through ‘nationally determined contributions’ (NDCs) and to strengthen these efforts in the years 

ahead. This includes requirements that all Parties report regularly on their emissions and on their 

implementation efforts.”42 

In September 2016 the Israeli government issued the Israel National Plan for Implementation of 

the Paris Agreement (INPIPA).43 INPIPA was formulated in accordance with recommendations 

made by an interministerial committee that had been appointed to review and recommend ways 

for Israeli implementation of the Agreement.44 INPIPA addresses implementation of various 

objectives of the Agreement, including a reduction of emissions, providing as follows:45

In September 2015, within the framework of Decision 542, Israel’s government set a 

national target of reducing GHG emissions to 8.8 [metric] tons CO2 equivalent [tCO2e] per 

capita by 2025 and 7.7 tons CO2e per capita by 2030. In order to meet the national target, 

sector-specific targets were set for reducing electricity consumption by at least 17% and 

reducing private car mileage by at least 20% by 2030, relative to a Business as Usual 

(BAU) scenario. An additional target was set for the production of at least 17% of total 

electricity generation from renewable energy by 2030. Compliance with the GHG 

emissions mitigation target, as determined in the government decision, will require the 

 

38 See Clean Car Revolution, MOEP, http://www.sviva.gov.il/English/env_topics/AirQuality/PollutionFrom 

Transportation/Clean-Car-Revolution/Pages/default.aspx (last visited Apr. 10, 2018), archived at

https://perma.cc/775Y-EGBV. 

39 Paris Agreement, supra note 8. 

40 INPIPA, supra note 9. 

41 Paris Agreement, supra note 8, art. 2(1). 

42 Paris Agreement: Essential Elements, UN CLIMATE CHANGE, http://unfccc.int/paris_agreement/items/9485.php, 

archived at https://perma.cc/E8K3-3676. 

43 INPIPA, supra note 9. 

44 Id. at 9. 

45 Id. at 4–5. 
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reduction of some 24.5 million tons carbon dioxide equivalent (tCO2e) in 2030, relative to 

anticipated emissions under the BAU scenario. Further to Government Decision 542, 

Government Decision 1403 of April 2016 outlines a national plan for implementation of 

the targets. Following is the estimated emissions reduction potential of the plan: 

Summary of GHG Emissions Reduction Measures and their Mitigation Potential: 

Measure

Average Mitigation 

Potential in 2030 

(million tCO2e) under 

a BAU scenario

Energy efficiency in electricity consumption 7.1 

Reduction of coal use 

*closure of units 1–4/and change in the loading order of the power plants 

3.6–9.7 

Electricity production from renewable energy 

Only relates to an addition above BAU assuming compliance with the 10% 

target in 2020

3.1 

Reduction in refrigerant gases (F-Gas) 1.5 

Waste treatment 1.6 

Reduction in fuel use and emissions from production processes 1.3 

Reduction in private car mileage (establishment of public 

transportation) 

*relates only to addition above BAU

1.5 

Fuel efficiency in transportation 

*relates only to addition above BAU

1.5 

Total mitigation through implementation of the central measures 21.2–27.3 

Mitigation required to comply with the target 24.5 

B. Government Decisions on GHG Emissions Reduction 

To advance these goals the government issued several decisions addressing such issues as 

operational methods, funding allocations, cooperation with the private sector, development of 

research activities, and target dates.46 Among the relevant decisions are the following: 

 Instituting National Effort for Development of Technologies that Reduce Global Use in 

Transportation and Strengthening High Tech Industries (Government Decision No. 1354, Feb. 

7, 2010)47

 

46 Id. 

47 Prime Minister’s Office (PMO), Instituting National Effort for Development of Technologies that Reduce Global 

Use in Transportation and Strengthening High Tech Industries (Government Decision No. 1354, 02/07/10), 

https://www.gov.il/he/Departments/policies/2010_des1354, archived at https://perma.cc/5VD5-LMQL. 
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 Operating a National Program for Development of Technologies that Reduce Global Use of 

Fuel in Transportation and Strengthening High Tech Industries in the Field (Government 

Decision No. 2790, Jan. 30, 2011)48

 Reduction of Israeli Dependence on Fuel in Transportation (Government Decision No. 5327, 

Jan. 13, 2013)49

A specific decision was adopted by the government on GHG reduction on September 20, 2015: 

In January 2015, an inter-ministerial committee was established in order to recommend to 

the Israeli government a national greenhouse gas (GHG) emissions reduction target for 

2030, as well as abatement actions. The committee’s activities included: developing an 

updated projection of GHG emissions and electricity consumption under a business-asusual (BAU) scenario, conducting a qualitative analysis to identify key technological 

abatement measures relevant to Israel, examining different target scenarios based on the 

identified abatement measures, and ultimately – providing a recommended national GHG 

emissions reduction target. 

The committee published a report in 2015, shortly before the government approved its 

official GHG emissions reduction target.50

On September 20, 2015 the Government adopted Decision No. 542, which sets “a target of 17% 

reduction in electricity consumption by 2020 relative to the electricity consumption forecast for 

2030 under the business as usual scenario (within the framework of a decision on the reduction of 

greenhouse gas emissions and increased energy Efficiency).”51 Decision 542 sets a national per 

capita GHG emissions reduction target of 8.8 tCO2e (metric tons of carbon dioxide equivalent) by 

2025 and 7.7 tCO2e by 2030.52 The Israeli government submitted its official GHG reduction target 

to the UN Framework Convention on Climate Change on September 29, 2015.53 

On April 10, 2016, the Israeli Cabinet approved Government Decision No. 1403, the National Plan 

for Implementation of the Greenhouse Gas Emissions Reduction Targets and for Energy 

Efficiency. The Plan allocated NIS 300 million (about US$86 million) for 2016–2019 for an action 

plan to reach this target and NIS 500 million (about US$143 million) in government guarantees 

for 2016–2025.54

 

48 Operating a National Program for Development of Technologies that Reduce Global Use of Fuel in 

Transportation and Strengthening High Tech Industries in the Field (Government Decision No. 2790, 01/30/11), 

PMO, id., https://www.gov.il/he/Departments/policies/2011_des2790, archived at https://perma.cc/QBG2-9KQX. 

49 Reduction of Israeli Dependence on Fuel in Transportation (Government Decision No. 5327, 01/13/13), PMO, id., 

https://www.gov.il/he/Departments/policies/2013_des5327, archived at https://perma.cc/9JTN-TYPW. 

50 Reducing Greenhouse Gases: Climate Change Mitigation, MOEP, http://www.sviva.gov.il/English/env_ 

topics/climatechange/Mitigation/Pages/default.aspx (last visited Apr. 11, 2018), archived at https://perma.cc/NG4F6499. 

51 ISRAEL AIR QUALITY CATALOGUE, supra note 7, at 3. 

52 Reducing Greenhouse Gases: Climate Change Mitigation, supra note 50. 

53 Id. 

54 INPIPA, supra note 9. A discussion of INPIPA is provided below. 
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An energy efficiency reduction program for small and medium-sized enterprises was launched in 

2013. The program includes subsidized consultations on energy consumption and the identification 

of energy-saving solutions.55

 

C. Incentives for Clean Production and the Installation of Pollution Prevention 

Technologies 

The following is a list of areas in which the Israeli government has offered incentives for the 

development and use of pollution prevention technologies: 

 Natural gas 

 A national plan for greenhouse gas emissions reduction, which was approved by the 

government in November 2010, included a subsidy program for energy efficiency 

and greenhouse gas reduction investments in the industrial, commercial and 

municipal sectors. As part of the package, approved projects based on innovative 

technologies developed by Israeli companies which are commercially installed for 

the first time were eligible for an additional subsidy. 

 The Office of the Chief Scientist in the Ministry of Economy supports the 

development of innovative technologies, including the clean-tech market. 

 The Ministry of Economy provides financial assistance to support pilot plants for 

technology demonstration and is helping to establish green industrial zones, based 

on integrated environmental management. 

 The EU-funded MED TEST II project in collaboration with UNIDO helps to build 

capacity for green Industry and facilitate transfer of environmentally sound 

technology. 7 Israeli industrial companies have been chosen to take part in the 

project, which is now in the implementation phase. 

 The aim of a planned Resource Efficiency and Clean Production Knowledge Center 

is to promote environmental innovation and provide advice and support for 

industries and businesses required to comply with IPPC legislation. The Center will 

collect and disseminate information on strategies and policies to promote green 

growth and resource efficiency.56

D. “Green Tax” Reform 

On March 14, 2018, the Knesset Finance Committee unanimously approved a tax reform measure 

concerning energy sources. The reform was led by the Ministries of the Treasury and Energy, and 

was intended to increase the use of natural gas in public transportation, industry, and the production 

of electricity and to decrease the use of solar and coal. Accordingly, 

[t]he excise tax on coal will rise from NIS 46 per ton to NIS 142 per ton. The significance 

of the decision is to raise the electricity tariffs by about 2% starting from 2019. The 

Committee's demand that the cost of coal will come into force as of March 2019. 

 

55 Id. 

56 ISRAEL AIR QUALITY CATALOGUE, supra note 7, at 4. 
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According to the Committee's decision, the increase in taxation on natural gas, which is 

expected to come into force gradually from 2024, will apply if at least 25 filling stations 

operate with natural gas. 

As part of the plan, in the first years, taxation on natural gas for transportation will stand 

at 0.02, and after six years it will begin to rise gradually and eventually in 2028 the excise 

tax will be NIS 1.4 per kilo. At the same time, as stated, the overcharging arrangement will 

be gradually canceled, so that the difference will be saved in favor of the feasibility of 

using natural gas for owners of commercial heavy vehicles. 

It was further decided that NIS 100 million would be allocated to encourage the 

construction of natural gas filling stations, which would finance the construction of 25 

planned stations. 

In addition, the reform includes tax incentives and an investment in the upgrading of the 

NIS 150 million natural gas distribution network in Israel, intended to promote the entry 

of gas stations in 2019. This is part of an investment of NIS 500 million in a plan to 

dismantle the distribution lines defined by the government. In addition, the reform includes 

encouraging the use of compressed natural gas (CNG) in public transportation tenders, 

accelerated depreciation for 25% and 4-year CNG vehicles, and exemption from a license 

fee under a temporary order for 5 years. As for taxis, the reform allocates NIS 30 million 

for assistance in purchasing hybrid taxis and the benefit of accumulated use of full 

reduction of import taxes after 4 years. 

It was further determined that until January 2023, the Director General of the Ministry of 

Energy and the Director of the Tax Authority will report to the Committee on the rates of 

purchases of heavy vehicles that do not prevent polluting fuels and the progress of 

construction of natural gas filling stations. Of vehicles powered by natural gas will be tested 

for the route and alternatives to it. 

In addition, by mid-March 2020, the Director-General of the Ministry of Energy, the 

Chairman of the Electricity Authority and the Finance Ministry's Budget Director, will 

report to the Committee on the effect of raising the tax on coal.57

VI. Renewable Fuel Standards 

According to the MoEP, in order to evaluate the level of reduction in GHG emissions resulting 

from biofuel use it is common to use the “well to wheel” system: 

This method refers to greenhouse gases emitted throughout the entire life cycle of the fuel: 

for biofuels, from plant growth, through processing and distribution, to engine combustion. 

According to this method, the reduction in greenhouse gas emissions is no more than a few 

tens of percent per liter of fossil fuel replaced with biofuel.58

 

57 Sonia Grodiski, The “Green Taxation” Reform Was Approved; Will It Encourage Transition to Natural Gas in 

the Economy, GLOBES (Mar. 14, 2018), https://www.globes.co.il/news/article.aspx?did=1001227829, archived at

https://perma.cc/QW3N-2LRU. 

58 Biofuels: Biodiesel and Bioethanol, MOEP, http://www.sviva.gov.il/subjectsEnv/SvivaAir/CarPollution/ 

Types/Pages/BioFuel.aspx (in Hebrew; last visited Apr. 12, 2018), archived at https://perma.cc/2CAV-B427; see 

also Fuel for Vehicles Engines – Methyl Esters of Fatty Acids for Diesel Engines – Test Requirements and Methods 
Regulation of Air Pollution: Israel 

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Dealing in methanol in quantities greater than 100 kg or with the sodium base at a concentration 

of at least 20% and in excess of 100 kg requires a license. Similar licensing requirements apply to 

dealing with hazardous substances in quantities and concentrations exceeding those specified in 

the Hazardous Substances Regulations (Classification and Exemption) 1996-1996.59

Prior to the issuance of a license the MoEP checks the storage methods, possible risks, production 

methods, and pollution associated with the substance that is the subject of the permit.60 

The following are specific standards for the dilution of biodiesel and bioethanol: 

Biodiesel 

According to the MoEP, 

Biodiesel is mainly produced from soy or palm oil. It can also be produced from used food 

oil or animal fat. These nutrients, along with alcohol (mostly methanol) and other 

chemicals, undergo a chemical process called Trans esterification to produce biodiesel. 

Diesel fuel can be diluted with bio-diesel at concentrations of up to 5% without any need 

for changes in the engine. This value is also the permissible value for the standard in the 

Israeli standard for diesel for transportation. This standard is formal and binding. Most of 

the use of biodiesel is in Europe, where it is added to diesel at concentrations of 5%, 7%, 

20% and even 100% in vehicles designed for this.

Bioethanol 

Regarding bioethanol production the MoEP provides as follows: 

Bioethanol is produced in the process of fermentation of sugars for the production of 

alcohol (ethanol type). Ethanol sources are sugar cane (mainly in Brazil) or corn and other 

starch-containing grains (mainly in the US). Bioethanol can be diluted in gasoline at 

concentrations of up to 5% without any need for changes in the engine. Ethanol is added 

to gasoline at concentrations of 5% (in Europe), 10%, 20%, 85% (in Brazil and the USA), 

and 100% for vehicles designed for this purpose.61

 

(FAME), THE STANDARDS INSTITUTION OF ISRAEL (SII), https://portal.sii.org.il/heb/standardization/teken/? 

tid=bf3a4a8f-64a8-4246-9f10-0fb40bd61620 (in Hebrew; last visited Apr. 12, 2018), archived at

https://perma.cc/HE8D-HNEV. 

59 Biofuels: Biodiesel and Bioethanol, supra note 58. 

60 Id. 

61 Id.; see also Fuel Car Engines: Ethanol as a Component at Night for Gasoline Requirements and Testing 

Methods, SII, https://portal.sii.org.il/heb/standardization/teken/?tid=3b192c3a-8e39-4846-9ad1-7c4925458c3e (last 

visited Apr. 12, 2018), archived at https://perma.cc/2K7J-746H. 
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Japan 

Sayuri Umeda 

Foreign Law Specialist

SUMMARY The Air Pollution Control Act is the main legislation concerning air pollution in Japan. 

Regarding protection of the ozone layer, the Ozone Layer Protection Act regulates the 

manufacture and import of specified substances that deplete the ozone layer. The use, 

management, and disposal of fluorocarbons are strictly regulated by the Fluorocarbons 

Management Act, the Home Appliances Recycling Law, and the Automobile 

Recycling Law. 

Emission standards for automobiles have been established by the relevant ministries under 

the Air Pollution Control Act and the Road Transport Vehicle Act. Nitrogen oxides (NOx) 

and particulate matters (PM) are further regulated in metropolitan areas. Under the Air 

Pollution Control Act, the Minister of Environment may prescribe maximum permissible 

limits for the properties of automobile fuel, or maximum permissible limits for the quantity 

of substances contained in automobile fuel. 

Under the Act on Rationalizing Energy Use, the Ministry of Economy, Trade and Industry 

(METI) and the Ministry of Land, Infrastructure, Transport and Tourism (MLIT) have 

established standards for the improved fuel efficiency of automobiles taking into 

consideration the highest level fuel efficiency. 

When a person intends to establish facilities that generate soot and smoke, specified 

particulates, or other pollutants, her or she must submit advance notice the prefectural 

governor under the Air Pollution Control Act. 

The government is currently trying to increase the amount of power sourced by renewable 

energy. The Act on Special Measures Concerning Procurement of Electricity from 

Renewable Energy Sources by Electricity Utilities requires electric companies to purchase 

electricity generated by renewable energy source at a certain price. To protect desirable 

farmland and fishery areas while promoting renewable power generation facilities, the 

Renewable Energy Generation in Farmland Act facilitates the orderly establishment of such 

facilities. The government also supports development of large-scale energy storage systems 

for power generated by renewable sources. 

I. Basic Framework 

Japan’s Basic Environment Act articulates the country’s basic policies regarding environmental 

conservation.1

 Based on the Act, the government has established the Basic Environment Plan,2

and has also established environmental quality standards with regard to air pollution, water 

 

1 環境基本法 [Basic Environment Act], Act No. 91 of 1993, amended by Act No. 46 of 2014, art. 1. 

2 Id. art. 15. 
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pollution, soil contamination, and noise. 3 The prefectural governors may also formulate 

environmental pollution control programs for specific areas if environmental pollution in the area 

is currently serious or could be worsened due to the rapidly increasing population and the 

concentration of industry.4

The Air Pollution Control Act is the main legislation concerning air pollution in Japan. The Act 

promotes the implementation of measures against hazardous air pollutants and sets maximum 

permissible limits for automobile exhaust.5

In addition, Japan is a party to several relevant international agreements, having ratified the 1985 

Vienna Convention for the Protection of the Ozone Layer6

 and the 1987 Montreal Protocol on 

Substances that Deplete the Ozone Layer in 1988.7

 Regarding global warming, the government 

adopted the Plan for Global Warming Countermeasures in May 20168 and ratified the Paris 

Agreement in November 2016.9 In the Plan, the government set a greenhouse gas (GHG) emission 

reduction target of 26% by 2030 (25.4% compared to 2005).10

The Ministry of the Environment (MOE) plays a central role in the government’s environmental 

conservation policy.11 The Ministry of Economy, Trade and Industry (METI) has jurisdiction over 

energy efficiency, renewable energy (especially solar photovoltaic power), and global warming.12 

The Ministry of Land, Infrastructure, Transport and Tourism (MLIT) is in charge of making 

 

3 Id. art. 16. 

4 Id. art. 17. 

5 大気汚染防止法 [Air Pollution Control Act], Act No. 97 of 1968, amended by Act No. 41 of 2015, art. 1. 

6

 United Nations Treaty Collection (UNTC), Ch. 27, 2, Vienna Convention for the Protection of the Ozone Layer, 

https://treaties.un.org/pages/ViewDetails.aspx?src=TREATY&mtdsg_no=XXVII-2&chapter=27&clang=_en,

archived at https://perma.cc/3H9U-YW7P. 

7

 UNTC, Ch. 27, 2. a Montreal Protocol on Substances that Deplete the Ozone Layer, https://treaties.un.org/ 

pages/ViewDetails.aspx?src=TREATY&mtdsg_no=XXVII-2-a&chapter=27&clang=_en, archived at

https://perma.cc/48MN-LHAB. 

8 「地球温暖化対策計画」の閣議決定について [Regarding Cabinet Decision of “Plan for Global Warming 

Countermeasures”], MOE (May 13, 2016), https://www.env.go.jp/press/102512.html, archived at

https://perma.cc/DX8G-MBY7. 

9

 UNTC, Ch. 27, 7.d Paris Agreement, https://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_ 

no=XXVII-7-d&chapter=27&clang=_en (last visited Apr. 30, 2018), archived at https://perma.cc/4GS9-UL4X. 

10 地球温暖化対策計画 [Plan for Global Warming Countermeasures], Cabinet Decision (May 13, 2016), 

https://www.env.go.jp/earth/ondanka/keikaku/onntaikeikaku-zentaiban.pdf, archived at https://perma.cc/LM7PHLW7. See also Overview of the Plan for Global Warming Countermeasures, Cabinet Decision on May 13, 2016, 

MOE (Tentative Translation), https://www.env.go.jp/press/files/en/676.pdf, archived at https://perma.cc/L7ESNK33. 

11 Environmental Conservation Policy of the Government and the Task of the Ministry of the Environment, MOE 

(Feb. 2006), http://www.env.go.jp/en/aboutus/pamph/html/00pan040.html, archived at https://perma.cc/7J3TAWTN. The entire document is available through http://www.env.go.jp/en/aboutus/pamph/html/ (last visited Apr. 

30, 2018), archived at https://perma.cc/4PQU-HMRV. 

12 Energy and Environment Policy, METI, http://www.meti.go.jp/english/policy/energy_environment/index.html

(last visited Apr. 30, 2018), archived at https://perma.cc/7V3G-EZZP. 
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buildings more energy efficient, developing greenhouse gas countermeasures for individual 

vehicles, and promoting low-carbon urban development.13 The Ministry of Agriculture, Forestry 

and Fisheries (MAFF) also has some jurisdiction over environmental issues, such as agricultural 

greenhouse gases and renewable energy from biomass.14

II. Ozone Layer Protection 

A. Ozone Layer Protection Act 

The Diet (Japan’s parliament) enacted the Act on the Protection of the Ozone Layer Through the 

Control of Specified Substances and Other Measures (Ozone Layer Protection Act) in 1988.15 The 

Act establishes measures for controlling the manufacture of, reducing emissions from, and 

rationalizing the use of specified substances that deplete the ozone layer. 16 The controlled 

substances are specified in a cabinet order that corresponds to substances in annexes to the 

Montreal Protocol.17 

The Minister of METI issues permits for manufacturing specified substances or approvals for their 

import in order to keep the level of production and consumption of each specified substance within 

the limits that Japan must observe based on the provisions of the Montreal Protocol.18 

A person who seeks to manufacture specified substances must obtain a permit from the Minister 

of METI for the quantity of the specified substance the person seeks to manufacture during the 

year. However, permission is not required when a person manufactures a certain specified 

substance in a quantity that has been already been allowed by the Minister in another permitting 

procedure.19 A person who manufactures a specified substance in a quantity not exceeding the 

fixed quantity specified by a cabinet order20 is also not required to obtain permission, but is 

required to report the quantity to the Minister. 21 When a person has destroyed a specified 

substance, used it as a raw material in a manufacturing process of a substance other than the 

specified substance, or used it for a purpose specified by a cabinet order, the person may 

 

13 MLIT, White Paper on Land Infrastructure, Transport and Tourism in Japan ch. 8, § 1. 1 (2016), 

http://www.mlit.go.jp/common/001216023.pdf, archived at https://perma.cc/5Z7E-BT42. 

14 Environmental Issues, MAFF, http://www.maff.go.jp/e/policies/env/index.html (last visited May 1, 2018), 

archived at https://perma.cc/65FC-7Y3D. 

15 特定物質の規制等によるオゾン層の保護に関する法律 [Act on the Protection of the Ozone Layer Through 

the Control of Specified Substances and Other Measures], Act No. 53 of 1988, amended by Act No. 64 of 2014. 

16 Id. art. 1. 

17 特定物質の規制等によるオゾン層の保護に関する法律施行令 [Enforcement Order of Act on the Protection 

of the Ozone Layer Through the Control of Specified Substances and Other Measures], Cabinet Order No. 308 of 

1994, amended by Cabinet Order No. 411 of 2014, art. 1 & attached tables. 

18 Id. art. 7. 

19 Id. art. 4, para. 1. 

20 Enforcement Order of Ozone Layer Protection Act art. 2. 

21 Ozone Layer Protection Act art. 4, para. 3. 
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manufacture the specified substance in the specified quantity upon confirmation from the Minister 

of METI.22

A person who seeks to import a specified substance must receive approval to import23 pursuant to 

the Foreign Exchange and Foreign Trade Act.24 A person who has exported a specified substance 

must notify the Minister of METI every year of the export quantity in the previous year and 

other matters.25

The Ozone Layer Protection Act obligates persons who use specified substances to endeavor to 

reduce their emissions and rationalize the use of specified substances.26 The Minister of METI 

and the Minister of the Environment have issued guidelines for reducing emissions and 

rationalizing the use of specified substances.27 The guidelines suggest that persons who use the 

specified substances (1) make their facility a sealed structure, (2) add cooling and steam 

condensation functions for the specified substances, (3) introduce substitute substances, and (4) 

recycle the specified substances that are used for cleaning solutions, among other things.28 

B. Act on the Rational Use and Proper Management of Fluorocarbons 

Under the Act on Rational Use and Proper Management of Fluorocarbons (Fluorocarbons 

Management Act), the government takes measures for the “rational use” of fluorocarbons and the 

“proper management” of fluorocarbons used in specified products in order to control fluorocarbon 

emissions into the atmosphere.29 

The “rational use” of fluorocarbons means reducing the use of fluorocarbons by such measures as 

manufacturing alternative substances that will not deplete the ozone layer and will not have a 

serious impact on global warming, and reducing the amount of fluorocarbons used in products.30 

The Minister of METI has issued guidelines for manufacturers of products that use 

 

22 Id. arts. 11–13. 

23 Id. art. 6. 

24 外国為替及び外国貿易法 [Foreign Exchange and Foreign Trade Act], Act No. 228 of 1949, amended by Act 

No. 38 of 2017, art. 52. 

25 Ozone Layer Protection Act art. 17. 

26 Id. art. 19. 

27 Id. art. 20; 特定物質の排出抑制・使用合理化指針 [Guidelines for Reducing Emissions and Rationalizing Use], 

MOE and METI Notification No. 2 (Jan. 4, 1989), amended by MOE and METI Notification No. 1 (Mar. 26, 2008), 

http://www.env.go.jp/hourei/11/000631.html, archived at https://perma.cc/BEL9-D7J6. 

28 Id. 

29 フロン類の使用の合理化及び管理の適正化に関する法律 [Act on Rational Use and Proper Management of 

Fluorocarbons], Act No. 64 of 2001, amended by Act No. 39 of 2013, art. 1, http://www.japaneselawtranslation. 

go.jp/law/detail_main?re=02&ia=03&ph=&vm=02&id=2848, archived at https://perma.cc/2E96-52VL. 

30 Id. art. 2, para. 6. 
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fluorocarbons.31 The guidelines state that manufacturers must establish a “plan of rationalization” 

for the use of fluorocarbons and submit an annual report to the METI.32

The “proper management” of fluorocarbons used in specified products means that fluorocarbon 

users must properly measure emissions of, fill specified products with, make efforts to reduce 

overall emissions of, and recover, recycle, and destroy fluorocarbons.33 “Specified products” 

means Class I specified products, including air conditioners and refrigeration equipment or 

freezing equipment for commercial use, and Class II specified products, including air conditioners 

for automobiles that use fluorocarbons as a refrigerant.34 

The Minister of METI has established standards regarding the measures to be taken by persons 

who manage Class I specified products.35 A person who manages more than Class I specified 

products is obligated to annually report the estimated leakage amount of fluorocarbons calculated 

by the method specified by an ordinance.36 Any person intending to engage in filling and recovery 

operations for a particular fluorocarbon (Class I fluorocarbon filling and recovery operator) must 

be registered with the relevant municipal heads or prefectural governors having jurisdiction over 

the areas where the operations are to be conducted.37 A person who manages Class I specified 

products must hire a registered Class I fluorocarbon filling and recovery operator when 

fluorocarbon is added to or recovered from the Class I specified products.38 A person who 

manages Class I specified products must also deliver the fluorocarbons added to the Class I 

specified products to a registered fluorocarbon filling and recovery operator when the person 

disposes of the product.39 Quantities of fluorocarbons filled or collected by a fluorocarbon filling 

and recovery operator are reported to designated information process centers.40

A person intending to engage in recycling operations for Class I fluorocarbons must obtain a 

license from the competent ministers for each place of business where the person will operate the 

business.41 Such Class I fluorocarbon recycling operators collect fluorocarbons from Class I 

fluorocarbon filling and recovery operators and recycle the fluorocarbons. When recycling, the 

 

31 フロン類の製造業者等向けガイドライン [Guidelines for Fluorocarbons Manufacturers], Ozone Layer 

Protection Promotion Room, Chemical Substance Management Division, Manufacture and Industry Bureau, METI 

(July 7, 2015), http://www.meti.go.jp/policy/chemical_management/ozone/furon-gas-guidline20151217.pdf, 

archived at https://perma.cc/XRR9-6Y4F. 

32 Id. 

33 Fluorocarbons Management Act art. 2, para. 9. 

34 Id. art. 2, paras. 3–5. 

35 Id. art. 16, para. 1. 

36 Id. art. 19. 

37 Id. art. 27. 

38 Id. arts. 37 & 39. 

39 Id. art. 41. 

40 Id. arts. 76 & 78. 

41 Id. art. 50. 
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operators must follow the standards for recycling fluorocarbons specified by the ordinances of the 

competent ministries.42

 

A person intending to engage in fluorocarbon destruction operations must obtain a license from 

the competent ministers for each place of business where the person will conduct operations.43 A 

fluorocarbon destruction operator must collect fluorocarbons when a Class I fluorocarbon filling 

and recovery operator has so requested or a fluorocarbon recycling operator request to collect them 

because the recycling operator cannot process unless there are reasonable grounds for refusal.44 

A person who recovers or transports fluorocarbons used in Class II specified products upon 

maintenance of vehicles must comply with the standards for recovery or transport of fluorocarbons 

specified by ordinances of the competent ministries. 45 The recovery and destruction of 

fluorocarbons used in Class II specified products are governed by the End-of-Life Vehicles 

Recycling Act (see the following section) in addition to the Fluorocarbons Management Act.46

The Act prohibits the release of fluorocarbons used in specified products into the atmosphere 

without good reason.47 It also requires products containing fluorocarbons to bear labels stating 

such prohibition and the necessity of collecting fluorocarbons upon disposal of the product, among 

other things.48 

Violations of the Act are criminally punishable.49

C. Home Appliance and Automobile Recycling Laws 

The Home Appliances Recycling Act50 obligates manufactures of air conditioners and refrigerators 

to collect and recycle fluorocarbons from these appliances. The Act on Recycling of End-of-Life 

Vehicles obligates fluorocarbon recovery operators who are registered under the Act to collect 

end-of-life automobiles, collect fluorocarbons from them, and hand over the remaining car to car 

dismantling operators.51

 

42 Id. art. 58, para. 1. 

43 Id. art. 63, para. 1. 

44 Id. art. 69, paras. 1 & 2. 

45 Id. art. 88. 

46 Id. art. 89. 

47 Id. art. 86. 

48 Id. art. 87. 

49 Id. ch. V, arts. 103–109. 

50 特定家庭用機器再商品化法 [Specified Home Appliances Recycling Act], Act No. 97 of 1998, amended by Act 

No. 74 of 2011, art. 18, para. 2; Specified Home Appliances Recycling Act Enforcement Order, Cabinet Order No. 

378 of 1998, amended by Cabinet Order No. 81 of 2015, art. 2. 

51 使用済自動車の再資源化等に関する法律 [Act on Recycling, etc. of End-of-Life Vehicles], Act No. 87 of 

2002, amended by Act No. 61 of 2017, art. 11. 
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III. Automobile Emission Standards 

A. Emission Standards 

Under the Air Pollution Control Act, the Minister of the Environment prescribes maximum 

permissible limits for various pollutants contained in automobile emissions under specified 

conditions.52 Current standards are set forth in the MOE Notification No. 141, the Motor Vehicle 

Exhaust Emission Standards.53 

Based on the Road Transport Vehicle Act,54 the Minister of MLIT also issues regulations in 

connection with the emission of automobile exhaust, which must be consistent with the MOE 

Notification.55 In the Notification Detailing the Safety Standards of the Road Transport Vehicle, 

the MLIT specifies the test method and the maximum emissions for carbon monoxide (CO), nonmethane hydrocarbons (NMHC), nitrogen oxides (NOx), and particulate matter (PM) per unit,56 as 

reflected in the following chart: 

Emission Standards of Gasoline and LPG Cars (unit: g/km) 

 CO NMHC NOx PM 

Max 

Average 

1.92 

1.15 

0.08 

0.05 

0.08 

0.05 

0.007 

0.005 

Source: MLIT Notification No. 619 of 2002.57 

B. Automobile NOx/PM Reduction Law 

In consideration of the problem of air pollution caused by NOx and PM emitted from automobiles

in areas where traffic is concentrated, the Automobile NOx/PM Reduction Act establishes NOx

and PM emission standards for certain automobiles registered in specified areas, and restricts the 

 

52 Air Pollution Control Act art. 19, para. 1. 

53 自動車排出ガスの量の許容限度 [Motor Vehicle Exhaust Emission Standards], MOE Notification No. 1 of 

1974, amended by MOE Notification No. 141 of 2006. An English translation of the chart of the standards is 

available at https://www.env.go.jp/en/air/aq/mv/table_290628.pdf, archived at https://perma.cc/FYB8-RESJ. 

54 道路運送車両法 [Road Transport Vehicle Act], Act No. 185 of 1951, amended by Act No. 40 of 2017. 

55 Air Pollution Control Act art. 19, para. 2. 

56 道路運送車両の保安基準 [Safety Standards of the Road Transport Vehicle], Ministry of Transport Ordinance 

No. 67 of 1951, amended by MLIT Ordinance No. 39 of 2017, art. 31; 道路運送車両の保安基準の細目を定める

告示 [Notification Detailing the Safety Standards of the Road Transport Vehicle], MLIT Notification No. 619 of 

2002, as amended, arts. 41, 119 & 197. See also 保安基準等関係基準の各条文検索一覧表 [Chart of Each 

Article of the Safety Standards and Other Standards], MLIT, at 4, http://www.mlit.go.jp/notice/noticedata/pdf/ 

200904/00005130.pdf (last visited Apr. 17, 2018), archived at https://perma.cc/RHV4-KHA7. 

57 道路運送車両の保安基準の細目を定める告示 [Notification Detailing the Safety Standards of the Road Transport 

Vehicle], MLIT Notification No. 619 of 2002, as amended, arts. 41, 119 & 197. 
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amount of NOx and PM emissions from automobiles for business activities.58 The specified areas 

are metropolitan areas where traffic is concentrated, as designated by governors.59 The specific 

automobiles are trucks and buses (not only diesel-fueled ones) and diesel passenger cars. The 

owners of automobiles that do not satisfy the emission standards cannot register them within the 

specified areas and will not be permitted to operate in those areas.60 Automobiles that were 

previously registered but are now subject to restrictions under the Act do not pass the required 

inspection and therefore the car registration cannot be renewed.61 However, when the owners of 

such automobiles install MLIT-certified devices to reduce emissions, such automobiles may 

be registered.62 

The emission standards under the Act are as follows: 

Car Type 

Permissible Limits 

Fuel NOx PM 

Passenger cars & Special 

car with capacity of 

maximum 10 persons 

Diesel 0.48 g/km 

100 ppm 

0.055 g/km 

Automobiles (Buses, trucks, 

etc.) 1.7 ton or less (GVW) 

Gasoline or LPG 0.48 g/km 

Diesel 0.48 g/km 

100 ppm 

0.055 g/km 

Automobiles more than 1.7 

ton & 2.5 ton or less 

Gasoline or LPG 0.63 g/km 

Diesel 0.63 g/km 

130 ppm 

0.06 g/km 

Automobiles more than 2.5 

ton & 3.5 ton or less 

Gasoline or LPG 5.9 g/kWh 

[kilowatt hours] 

580 ppm 

 

58 自動車から排出される窒素酸化物及び粒子状物質の特定地域における総量の削減等に関する特別措置

法 [Act on Special Measures for Total Emission Reduction of Nitrogen Oxides from Automobiles in Specified 

Areas], Act No. 70 of 1992, amended by Act No. 105 of 2011, art. 1. 

59 Id. arts. 15 & 17. 

60 自動車 NOx PM 法の車種規制 [Regulation by Automobile Models under Automobile NOx/PM Law], MOE, 

http://www.env.go.jp/air/mat/mat01_02.pdf (last visited Apr. 30, 2018), archived at https://perma.cc/W5PN-SD4X. 

61 Road Transport Vehicle Act art. 62. 

62 NOx PM 低減改造認定制度を創設しました [Establishment of NOx PM Reduction Certification System], MLIT 

(Aug. 23, 2005), http://www.mlit.go.jp/kisha/kisha05/09/090823_.html, archived at https://perma.cc/YX9A-7GDG. 
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Diesel 5.9 g/kWh 

340 ppm 

0.175 g/kWh 

Automobiles more than 3.5 

ton 

Gasoline or LPG 5.9 g/kWh 

580 ppm 

Diesel 5.9 g/kWh 0.49 g/kWh 

Source: Emission Standards (Summary), MLIT, as translated by author.63 

C. Automobile Fuel Quality Regulations 

Under the Air Pollution Control Act, the Minister of Environment may prescribe maximum 

permissible limits for the properties of automobile fuel, or maximum permissible limits for the 

quantity of substances contained in automobile fuel, in order to keep emissions from automobiles 

below the permissible limits.64 The MOE has issued a notification to set the standards.65 The 

Minister of Economy, Trade and Industry may also issue an ordinance on the quality of gasoline 

and diesel to be used as fuels for automobiles, based on the Act on Quality Control for Gasoline 

and Other Fuels.66 The Air Quality Control Act states that the Minister must set standards for 

gasoline in compliance with the MOE standards. 67 The METI Ordinance currently sets the 

standards as follows: 

Gasoline 

Lead Non-detectable 

Sulfur content 10 ppm 

MTBE 7% vol. max 

Oxygen content 1.3% mass. max 

Benzene 1% vol. max 

Kerosene 4% vol. max 

Methanol Non-detectable 

Ethanol 3% vol% max 

Washed gum 5 mg/100 ml. max 

Color Orange 

 

63 排出基準 (要約) [Emission Standards (Summary)], MLIT, http://wwwtb.mlit.go.jp/kanto/jidou_gian/ 

nox_pm/date/standard.pdf (last visited Apr. 30, 2018), archived at https://perma.cc/A7BK-BTS7. 

64 Air Pollution Control Act art. 19-1, para. 1. 

65 自動車の燃料の性状に関する許容限度及び自動車の燃料に含まれる物質の量の許容限度 [Upper Limit of 

Conditions of Automobile Fuels and Maximum Limits of Substances Contained] https://www.env.go.jp/ 

hourei/04/000022.html (last visited Apr. 30, 2018), archived at https://perma.cc/ZHP2-5NHG. 

66 揮発油等の品質の確保等に関する法律 [Act on Quality Control for Gasoline and Other Fuels], Act No. 88 of 

1976, amended by Act No. 69 of 2014, arts. 13 & 17-7, http://www.japaneselawtranslation.go.jp/law/detail_ 

main?re=02&ia=03&ph=&vm=02&id=2999, archived at https://perma.cc/B6HY-XH2K. 

67 Air Pollution Control Act art. 19-1, para. 2. 
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Diesel 

Sulfur 10 ppm 

Cetane Index 45 min. 

Distillation, T90% 360°C max 

Triglyceride1 0.01 mass% max 

Fatty Acid Methyl Ester 0.1 mass% max 

or 

0.5 max% and 

 Methanol: 0.01 mass% max; 

 Acid Value: 0.13 mg KOH/g max; 

 Formic Acid+Acetic Acid+Propionic 

Acid: 0.003 mass% max; and 

 Oxidation stability: 65 minutes min 

(temporary alternative: 0.12 mg KOH/g 

max) 

Source: Based on information provided in MITI Ordinance No. 24 of 1977.68

D. Fuel Efficiency 

Pursuant to the Act on Rationalizing Energy Use, the Ministers of METI and MLIT have 

established and publicized “standards of judgment” for manufacturers of automobiles with regard 

to improvements in fuel efficiency.69 The standards of judgment are established by considering 

the highest level of automobile fuel efficiency, future prospects for related technological 

developments, and other circumstances,70 referred to collectively as the “top runner standards.”71 

The Ministers set the standards by joint ordinances. The chart below shows 2015 fuel efficiency 

targets for gasoline and diesel passenger cars. The numbers apply to the average fuel efficiency 

of cars of each weight category that importers or manufacturers sold. The measurement method 

is the JC08 mode. In the case of diesel cars, the fuel economy numbers are divided by 1.1.72 

Targets for 2020 were set in 2013: 

 

68 揮発油等の品質の確保等に関する法律施行規則 [Enforcement Ordinance of the Act on Quality Control for 

Gasoline and Other Fuels], Ministry of International Trade and Industry (MITI) Ordinance No. 24 of 1977, amended 

by METI Ordinance No. 43 of 2016, arts. 10 & 22. 

69 エネルギーの使用の合理化等に関する法律 [Act on Rationalizing Energy Use], No. 49 of 1979, amended by

Act No. 65 of 2015, art. 78, para. 1, http://www.japaneselawtranslation.go.jp/law/detail_main?re=02&ia= 

03&ph=&vm=02&id=2857, archived at https://perma.cc/D7XR-ZHL6. 

70 Id. art. 78, para. 1. 

71 “Top Runner Standards refer to standard values established based on the most fuel-efficient vehicles available on 

the market and in view of the future prospects for technology development.” New Standards for Fuel Efficiency of 

Small Freight Vehicles (Top Runner Standards), METI (Mar. 2015), http://www.meti.go.jp/english/press/ 

2015/0320_01.html, archived at https://perma.cc/D3JQ-T7AE. 

72 乗用自動車のエネルギー消費性能の向上に関するエネルギー消費機器等製造事業者等の判断の基準等

[Standards for Manufacturers of Energy Consumption Machines/Devices Regarding Improvements of Fuel 

Efficiencies of Passenger Cars], METI·MLIT Notification No. 11 of 2013 (Dec. 27, 2013), 1-1(3), 
Regulation of Air Pollution: Japan 

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Curb Weight 

(kg) 

Fuel Economy 

Target 

(km/L) 

- 600 22.5 

601 - 740 21.8 

741 - 855 21.0 

856 - 970 20.8 

971 - 1080 20.5 

1081 - 1195 18.7 

1196 - 1310 17.2 

1311 -1420 15.8 

1421 - 1530 14.4 

1531 - 1650 13.2 

1651 - 1760 12.2 

1761 - 1870 11.1 

1871 - 1990 10.2 

1991 - 2100 9.4 

2101 - 2270 8.7 

2271 - 7.4 

Source: METI·MLIT Notification No. 11 of 

2013, as translated & adapted by author.73 

The fuel efficiency targets of buses, trucks, and tractors were also set by a METI and MLIT 

notification.74 A chart reflecting those standards is available on the MLIT website.75

 

It,http://www.enecho.meti.go.jp/category/saving_and_new/saving/summary/pdf/top_runner/01toprunner_zyouyouzi

dousya.pdf, archived at https://perma.cc/4GJK-V2PP. 

73 乗用自動車のエネルギー消費性能の向上に関するエネルギー消費機器等製造事業者等の判断の基準等

[Standards for Manufacturers of Energy Consumption Machines/Devices Regarding Improvements of Fuel 

Efficiencies of Passenger Cars], METI·MLIT Notification No. 11 of 2013 (Dec. 27, 2013), at 1-1(7), 

http://www.enecho.meti.go.jp/category/saving_and_new/saving/summary/pdf/top_runner/01toprunner_zyouyouzido

usya.pdf, archived at https://perma.cc/4GJK-V2PP.

74 Id.; 貨物自動車のエネルギー消費性能の向上に関するエネルギー消費機器等製造事業者等の判断の基準

等 [Standards for Manufacturers of Energy Consumption Machines/Devices Regarding Improvements of Fuel 

Efficiencies of Trucks], METI MLIT Notification No. 1 of 2015 (July 10, 2015), http://www.mlit.go.jp/common/ 

001023499.pdf, archived at https://perma.cc/J25N-HJAZ. 

75 自動車の燃費基準値 [Fuel Efficiency Standards of Automobiles], MLIT (Mar. 2018), http://www.mlit.go.jp/ 

common/001225548.pdf, archived at https://perma.cc/NW52-EKBX. These standards are a part of 自動車燃費一

覧(平成 30 年 3 月)[Compendium of Automobile Fuel Efficiencies (Mar. 2018)], MLIT, http://www.mlit. 

go.jp/jidosha/jidosha_fr10_000035.html, archived at https://perma.cc/T9A5-NLYP. Charts in English are available 

on Transport Policy’s website, at https://www.transportpolicy.net/standard/japan-light-duty-fuel-economy/ (last 

visited May 1, 2018), archived at https://perma.cc/22FH-C72L. 
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IV. Requirements for Opening New Industrial Facilities 

The Air Pollution Control Act regulates the emission from factories and workplaces of soot and 

smoke, volatile organic compounds (VOCs), specified particulates, and mercury. “Soot and 

smoke” includes 

 sulfur oxides generated by the combustion of fuel or other items; 

 soot and dust generated by the combustion of fuel or other items or by the use of electricity 

as a source of heat; and 

 specified cadmium, chlorine, hydrogen fluoride, lead, and other substances that are generated 

as a result of combustion, synthesis, decomposition, or other processes that are likely to harm 

human health or living conditions.76

The government may identify areas with concentrations of factories or workplaces where it is 

difficult to attain air quality standards by using only the emission standards, whereupon the 

prefectural governor must formulate and implement aggregate volume standards of sulfur oxide 

and NOx. Factories and workplaces that are larger than the scale that the prefectural governor 

specifies in accordance with the standards prescribed by MOE ordinance are subject to 

such regulation.77 

When a person intends to establish facilities that generate general particulates, the person must 

submit a notification to the prefectural governor before beginning to operate the facility. Such 

notification must include information about the structure and planned use of the facility. 78 

Subsequent operation of the facility must comply with the standards in terms of the structure, use, 

and management of the facility as set by the MOE.79 When a prefectural governor finds that the 

person is not complying with the standards, the governor may order him or her to comply within 

a specified period and/or temporarily suspend use of the facility.80

Persons intending to establish facilities that generate soot and smoke, VOCs, specified particulates, 

or mercury must submit notifications to the prefectural governor more than sixty days before 

beginning construction.81 In addition to information about the structure and use of the facility, 

such notifications must include information on the methods for disposing of soot and smoke or 

VOCs, or the methods for disposing of or preventing dispersal of specified particulates.82 A 

governor may order changes or abolition of a plan set forth in a notification if he or she thinks the 

 

76 Air Pollution Control Act art. 2, para. 1. 

77 Id. art. 5-2, para. 1. 

78 Id. art. 18. 

79 Id. art. 18-3. 

80 Id. art. 18-4. 

81 Id. arts. 6, 10, 17-5, 17-9, 18-6, 18-9, 18-23 & 18-27. 

82 Id. 
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facility will emit more soot and smoke, VOCs, or specified particulates than regulated. 83 

Documents stating the quantities of sulfur oxides and NOx generated and the way in which sulfur 

oxides and NOx will be emitted by the factories or workplaces must be attached to 

the notification.84 

In addition, under the Automobile NOx/PM Act, a person who intends to establish a theater, hotel, 

office building, or other building of a certain size that generates heavier traffic must submit a 

notification to the prefectural governor. The notification must include information on the use, size, 

and layout of parking for the building; expected emissions of NOx from vehicles coming to the 

building; and methods the person will take to reduce emission of NOx from vehicles.85 

V. Promotion of Renewable Energy 

A. Feed-In-Tariff Act 

The 2015 Long-Term Energy Supply and Demand Outlook by METI aims to have power sourced 

by renewable energy at 22–24% of total power generation in Japan by 2030.86 To promote the use 

of renewable energy sources for electricity, the Act on Special Measures Concerning Procurement 

of Electricity from Renewable Energy Sources by Electricity Utilities (the FIT Act) was enacted 

in 2011 and became effective in 2012.87 The FIT Act requires electricity companies to purchase 

electricity generated by renewable energy sources (solar photovoltaic, wind power, hydraulic 

power below 30 megawatts, geothermal, and biomass)88 at a certain price.89 Costs incurred by the 

utility in purchasing renewable energy-sourced electricity must be transferred to all electricity 

customers, who pay the surcharge for renewable energy in proportion to their electricity usage.90

A person who intends to generate electricity by a power generation facility using a renewable 

energy source must obtain certification from the Minister of METI in order to provide the power 

to an electricity utility.91 To be certified, the following requirements must be met: 

 

83 Id. arts. 9, 17-11, 18-8 & 18-26. 

84 Id. art. 6, para. 2. 

85 Automobile NOx/PM Reduction Act art. 20. See also 自動車 NOx・PM 法の改正について [Regarding 

Amendment of Automobile NOx/PM Reduction Act] § 3, MOE (Dec. 2007), http://www.env.go.jp/air/ 

car/pamph_kaiseihou/04.pdf, archived at https://perma.cc/Y2WZ-HVUK. The entire pamphlet is available through 

http://www.env.go.jp/air/car/pamph_kaiseihou/, archived at https://perma.cc/VU5F-XDNF. 

86 METI, LONG-TERM ENERGY SUPPLY AND DEMAND OUTLOOK (July 2015), http://www.meti.go.jp/english/ 

press/2015/pdf/0716_01a.pdf, archived at https://perma.cc/KT96-H9WA. 

87 電気事業者による再生可能エネルギー電気の調達に関する特別措置法 [Act on Special Measures 

Concerning Procurement of Electricity from Renewable Energy Sources by Electricity Utilities (FIT Act)], Act No. 

108 of 2011, amended by Act No. 59 of 2016, art. 1, http://www.japaneselawtranslation.go.jp/law/detail_main?re= 

02&ia=03&ph=&vm=02&id=2573, archived at https://perma.cc/AH6T-9LHJ. 

88 Id. art. 2, para. 4. 

89 Id. art. 2, para. 5 & art. 16. 

90 Id. arts. 31 & 36. 

91 Id. art. 9, para. 1. 
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 The electricity generating business must be deemed to promote usage of electricity generated 

by a renewable source based on the standards provided by the METI Ordinance. 

 The electricity generating business must be expected to run smoothly and with certainty. 

 The renewable energy power generation facility must be able to generate power steadily and 

efficiently over the Procurement Period and conform to other standards provided for by the 

METI Ordinance.92 

When these requirements were initially implemented large numbers of businesses sought 

certification as solar power suppliers because the prices at which utilities were required to buy 

electricity from solar power suppliers were relatively high. However, many certified business did 

not start for various reasons, such as a failure to establish a facility.93 The METI requested relevant 

information from such businesses and cancelled their certifications if they could not start a 

business within a certain amount of time.94 The 2016 amendment of the Act addresses this issue. 

As stated above, in order to be certified, the business plan is now examined, not just the facility. 

The amended Act also requires owners of renewable energy facilities to enter into an 

interconnection agreement with the relevant utility before certification.95 In addition, certifications 

for those who were certified soon after the FIT Act became effective and had not started their 

business by the end of March 2017 expired.96 

To give power-generating businesses predictability regarding their profits, the Minister of METI 

may set tariffs in advance for the following fiscal years97 and must set a target price for tariffs over 

the long term.98 To reduce electricity purchase costs, the amended Act introduced a reverse 

auction system for determination of electricity tariffs. When the Minister expects that the tariff 

for electricity from a particular renewable source can be reduced by using an auction system, the 

Minister may conduct such an auction.99 Suppliers then submit bids and compete for the right to 

supply a fixed amount of power to the utilities. The bids are accepted from the lowest bid upwards, 

until the capacity available at the auction is fully allocated.100 

 

92 Id. art. 9, para. 3. 

93 FIT 発電事業の適正化 [Optimization of FIT Electricity Generation Business], AGENCY FOR NATURAL 

RESOURCES AND ENERGY (Jan. 24, 2018), http://www.meti.go.jp/committee/sougouenergy/denryoku_gas/ 

saiseikanou_jisedai/pdf/002_05_00.pdf, archived at https://perma.cc/Q4YG-3VEE. 

94 Id. See also FIT Act (original Act No. 108 of 2011) art. 6, para. 6. 

95 FIT Act art. 9, para. 2, item 5. 

96 Optimization of FIT Electricity Generation Business, supra note 93. 

97 FIT Act art. 3, para. 2. 

98 Id. art. 3, para. 12. 

99 Id. art. 4. 

100 Id. art. 7. 
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The METI calculated that the annual surcharges collected from an average household that 

consumes 300 kWh per year would be ¥8,100 (about US$80) in 2016.101 In 2018, the purchase 

price of solar PV electricity for 10 kW to 2,000 kW is 18 yen (US$0.16),102 reduced from the 2016 

price of 24 yen (US$0.22). For the price of solar PV power at 2,000 kW or more, the reverse 

auction system has applied since 2017.103

B. Renewable Energy Generation in Farmland Act 

After the FIT Act was implemented, the Act on Promoting Generation of Electricity from 

Renewable Energy Sources Harmonized with Sound Development of Agriculture, Forestry and 

Fisheries (Renewable Energy Generation in Farmland Act) was enacted in 2013 to prevent harm 

to farmland and fishery areas by the establishment of renewable energy power generation facilities 

and to facilitate their orderly establishment.104 

Under the Act, the national government establishes a basic policy to harmonize promotion of 

power generation from renewable sources and the sound development of agriculture, forestry, and 

fisheries. 105 Municipal governments establish basic plans of renewable energy generation 

management based on the national basic policy.106 A business that intends to establish a power 

generation facility by using renewable sources within the area where the municipal basic plan 

applies must obtain an approval from the municipal government under the basic plan.107 

The Act intended that power generation facilities would be established on land that is not desirable 

for farming rather than on fertile land. In addition, a percentage of the profit from power 

 

101 News Release, METI, Agency for Natural Resources and Energy, Settlement of FY 2016 Purchase Prices and FY 

2016 Surcharge Rates Under the Feed-In Tariff Scheme for Renewable Energy (Mar. 18, 2016), http://www.meti. 

go.jp/english/press/2016/0318_03.html, archived at https://perma.cc/LRY3-GB4N. 

102 買取価格・期間等 (2018 年度以降) [Purchase Price Terms, etc. (Fiscal Year 2018 and After)], Agency for 

Natural Resources and Energy, http://www.enecho.meti.go.jp/category/saving_and_new/saiene/kaitori/fit_ 

kakaku.html, archived at https://perma.cc/AS4T-RTZ4. 

103 Id. 

104 農林漁業の健全な発展と調和のとれた再生可能エネルギー電気の発電の促進に関する法律 [Act on 

Promoting Generation of Electricity from Renewable Energy Sources Harmonized with Sound Development of 

Agriculture, Forestry and Fisheries], Act No. 81 of 2013, art. 1, http://www.japaneselawtranslation.go.jp/ 

law/detail_main?re=02&ia=03&ph=&vm=02&id=3036, archived at https://perma.cc/9ZWW-ZBM3. See also 農林

漁業の健全な発展と調和のとれた再生可能エネルギー電気の発電の促進に関する法律(骨子) [Act on 

Promoting Generation of Electricity from Renewable Energy Sources Harmonized with Sound Development of 

Agriculture, Forestry and Fisheries (Outline)], MAFF (Dec. 2013), http://www.maff.go.jp/j/shokusan 

/renewable/energy/pdf/re_ene3.pdf, archived at https://perma.cc/4WQA-SD7L. 

105 Renewable Energy Generation in Farmland Act art. 4; 農林漁業の健全な発展と調和のとれた再生可能エネ

ルギー電気の発電の促進による農山漁村の活性化に関する基本的な方針 [Basic Policy on Revitalization of 

Farm, Mountain and Fishery Villages by Promoting Generation of Electricity from Renewable Energy Sources 

Harmonized with Sound Development of Agriculture, Forestry and Fisheries], MAFF, METI and MOE Notification 

No. 2 (May 16, 2014), amended by MAFF, METI and MOE Notification No. 3 (May 27, 2016), http://www.maff. 

go.jp/j/shokusan/renewable/energy/pdf/hoshin.pdf, archived at https://perma.cc/SUF3-QSQ7. 

106 Renewable Energy Generation in Farmland Act art. 5. 

107 Id. art. 7. 
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generation must be used for revitalization of the area.108 The Act enables municipalities to issue 

one permit that substitutes for various permits under various laws, such as the Farmland Act, the 

Cattle Business Promotion Act, the Forestry Act, the Natural Park Act, etc.109 

C. Storage of Energy Generated by Renewable Source 

Because solar photovoltaic and wind power generation is affected by weather, energy storage is 

important for managing volatility in electricity production. When energy can be stored, the excess 

electricity produced from renewable resources during ideal energy generation conditions can be 

stored and used during cloudy (in the case of solar energy) or calm (in the case of wind energy) 

weather conditions. The METI has supported development of large-scale energy storage systems 

since 2012.110

 

108 農山漁村再生可能エネルギー法Q&A [Renewable Energy in Farm, Mountain Fishery Villages Act Q&A], 

MAFF, at 1 (Sept. 27, 2016), http://www.maff.go.jp/j/shokusan/renewable/energy/attach/pdf/houritu-2.pdf, archived 

at https://perma.cc/T8YD-LVSX. 

109 Renewable Energy Generation in Farmland Act arts. 9–15. 

110 再エネの安定化に役立つ「電力系統用蓄電池」 [“Large-scale Storage Battery” Useful for Stabilization of 

Renewable Energy], AGENCY FOR NATURAL RESOURCES AND ENERGY (Feb. 27, 2018), http://www.enecho. 

meti.go.jp/about/special/johoteikyo/keitoyochikudenchi.html, archived at https://perma.cc/MVK3-4YDA. See also

Kikuo Takagi, Battery Energy Storage Systems for Maximizing Renewable Energy Introduction: Approaches and 

Cases in Japan (Paper presented at U.S.-Japan Renewable Energy Policy Business Roundtable, Dec. 11, 2013), 

http://www.enecho.meti.go.jp/notice/event/045/pdf/event045008.pdf, archived at https://perma.cc/LKN5-EHTX. 
The Law Library of Congress 111

South Africa 

Hanibal Goitom 

Foreign Law Specialist

SUMMARY South Africa’s Air Quality Act of 2004 put in place various measures for the prevention of 

pollution and national norms and standards for the regulation of air quality in the country. 

It also authorizes the Minister of Environmental Affairs to enforce its provisions through the 

issuance of policy documents and regulations. 

 In 2007 the Minister issued the National Framework for Air Quality Management. In 2009, 

the Minister issued national ambient air quality standards for seven pollutants, including 

carbon dioxide and ozone. After a statutorily mandated review, in 2012 the Minister 

replaced the 2007 National Framework and in the same year issued national ambient air 

quality standards for particulate matter with an aerodynamic diameter of less than 2.5 

microns. In 2013, the Minister issued emissions standards for a number of listed activities 

deemed detrimental to the environment. In 2014, the Minister issued regulations for the 

phasing out of certain ozone-depleting substances. In 2015, the Minister declared smallscale char and small-scale charcoal plants “controlled emitters” and imposed emissions 

limits on such activities. In 2017, the Minister declared a number of greenhouse gases 

(including carbon dioxide and methane) “priority pollutants.” 

 While South Africa does not appear to have vehicle fuel emissions standards in place, it 

imposes environmental levies on carbon dioxide emissions of new vehicles imported to or 

manufactured in South Africa. 

I. Introduction 

South Africa’s GHG emissions are among the highest in the world and its absolute carbon dioxide 

(CO2) emissions rank among the top twenty countries, “with emissions per capita in the region of 

10 metric tons per annum.”1 The 2011 National Climate Change White Paper described this 

challenge as follows: 

The energy intensity of the South African economy, largely due to the significance of 

mining and minerals processing in the economy and our coal-intensive energy system, has 

resulted in an emissions profile that differs substantially from that of other developing 

countries at a similar stage of development as measured by the Human Development Index. 

Since coal is the most emissions-intensive energy carrier, South Africa[’]s economy is very 

emissions-intensive. Furthermore, emissions from land-use change (primarily 

deforestation) contribute a significantly smaller share to our emission profile than for many 

other developing countries. In 2000, average energy use emissions for developing countries 

constituted 49% of total emissions, whereas South Africas [sic] energy use emissions 

 
Regulation of Air Pollution: South Africa 

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constituted just under 80% of total emissions. Even in some fast-developing countries with 

a similar reliance on coal for energy, energy use emissions are lower than South Africa.2

South Africa has national and international legal obligation to reduce its emissions. The Bill of 

Rights section of the South African Constitution includes an environment clause, which states that 

[e]veryone has the right – 

a. to an environment that is not harmful to their health or well-being; and 

b. to have the environment protected, for the benefit of present and future 

generations, through reasonable legislative and other measures that – 

i. prevent pollution and ecological degradation; 

ii. promote conservation; and 

iii. secure ecologically sustainable development and use of natural resources 

while promoting justifiable economic and social development.3

South Africa is party to a number of multinational environmental agreements. These include the United 

Nations Framework Convention on Climate Change (UNFCCC), which South Africa ratified in 1997; the 

Kyoto Protocol, which South Africa ratified in 2002; and the Paris Agreement on Climate Change, ratified 

by South Africa in 2016.4

 In the 2009 Copenhagen Climate Change Conference, South Africa 

committed to reducing its GHG emissions by 34% below its current levels (see below) by 2020 

and 42% below current levels by 2025, “with emissions peaking in 2020–2025, stabilizing in 

2025–2035 and declining in absolute terms from around 2035.”5

As part of its plan to implement the environment clause of the Constitution and its obligations 

under international law, South Africa enacted the National Environmental Management: Air 

Quality Act in 2004. The Act delegates a great deal of power to the executive branch to, among 

other things, put in place national policy and a regulatory framework for pollution prevention and 

the enhancement of air quality. 

This report summarizes some of the key policy and regulatory documents issued for the purpose 

of implementing the Act and South Africa’s obligations under international law. 

 

2 DEPARTMENT OF ENVIRONMENTAL AFFAIRS, NATIONAL CLIMATE CHANGE RESPONSE WHITE PAPER 26 (Oct. 12, 

2011), https://www.environment.gov.za/sites/default/files/legislations/national_climatechange_response_whitepap 

er.pdf, archived at https://perma.cc/W6WQ-YGZZ. 

3 S. AFR. CONST., 1996, § 24, available on the South African government website, at https://www.gov.za/ 

documents/constitution/chapter-2-bill-rights#24, archived at https://perma.cc/YXV8-DLAZ. 

4 2012 NATIONAL FRAMEWORK FOR AIR QUALITY MANAGEMENT IN THE REPUBLIC OF SOUTH AFRICA § 2.4 (Dec. 

2012), available on the Centre for Environmental Rights website, at https://cer.org.za/wp-content/uploads/ 

2013/12/Framework-for-Air-Quality-Management_new.pdf, archived at https://perma.cc/77YM-FD7T; Paul

Herman, Parliament Ratifies Paris Climate Change Agreement, NEWS24 (Nov. 1, 2016), https://www.news24.com/ 

Green/News/parliament-ratifies-paris-climate-change-agreement-20161101, archived at https://perma.cc/999VDCPU. 

5 DEPARTMENT OF ENVIRONMENTAL AFFAIRS, NATIONAL CLIMATE CHANGE RESPONSE WHITE PAPER, supra note 1,

at 25.
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II. National Environmental Management: Air Quality Act 

A. Delegated Powers 

The Air Quality Act, which, among other things, seeks to impose “reasonable measures for the 

prevention of pollution” and national norms and standards to regulate air quality, accords the 

executive branch a great deal of national regulatory authority for purposes of realizing the Act’s 

objectives. The executive branch, more specifically the Minister of Environmental Affairs, is 

mandated to establish a national framework for the effective implementation of the objectives of 

the Act, including 

a. mechanisms, systems and procedures to attain compliance with ambient air 

quality standards; 

b. mechanisms, systems and procedures to give effect to the Republic’s obligations in 

terms of international agreements; 

c. national norms and standards for the control of emissions from point and nonpoint sources; 

d. national norms and standards for air quality monitoring; 

e. national norms and standards for air quality management planning; 

f. national norms and standards for air quality information management; and 

g. any other matter which the Minister considers necessary for achieving the object of 

this Act.6

In addition to specific mandates stipulated in its different sections, the Act accords the Minister of 

Environmental Affairs the following general regulatory powers: 

The Minister may make regulations that are not in conflict with this Act, regarding— 

(a) any matter necessary to give effect to the Republic’s obligations in terms of an 

international agreement relating to air quality and climate change; 

(aA) information relating to energy that is required for compiling atmospheric emissions; 

(b) matters relating to environmental management co-operation agreements, to the 

extent that those agreements affect air quality; 

(c) emissions, including the prohibition of specific emissions, from point, non-point 

and mobile sources of emissions, including motor vehicles; 

(d) open fires and incinerators; 

(e) ozone-depleting substances; 

(f) codes of practice; 

 

6 National Environmental Management: Air Quality Act 39 of 2004, § 7, 20 STATUTES OF THE REPUBLIC OF SOUTH 

AFRICA − LAND (updated through 2016), available on the University of Pretoria website, at http://www.lawsofsouth 

africa.up.ac.za/index.php/browse/environment-and-conservation/national-environmental-management-air-qualityact-39-of-2004/act/39-of-2004-national-environmental-management-air-quality-act-19-may-2014-to-datepdf/download, archived at https://perma.cc/ML2M-NSED. 
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(g) records and returns; 

(h) labelling; 

(i) trading schemes; 

(j) powers and duties of air quality officers; 

(k) appeals against decisions of officials in the performance of their functions in terms 

of the regulations; 

(l) incentives to encourage change in behaviour towards air pollution by all sectors in 

society; 

(lA) the procedure and criteria to be followed in the determination of an administrative 

fine in terms of section 22A. 

(m) requirements in respect of monitoring; 

(n) the avoidance or reduction of harmful effects on air quality from activities not 

otherwise regulated in terms of this Act; 

(o) any matter that may or must be prescribed in terms of this Act; or 

(p) any other matter necessary for the implementation or application of this Act.7

Regulations on these matters maybe issued to “restrict or prohibit any act, either absolutely or 

conditionally;” may be made applicable nationally, provincially, or target a specific area or 

category of areas; or may be applicable to all persons or certain categories of person.8 Such 

regulations may impose fines of up to South Africa Rand R5million (about US$418,578) and/or a 

maximum of five years in prison for first-time violators of its provisions and double the amount 

of fines and prison term for recidivists.9

In addition to the Ministry of Environmental Affairs, a number of other national departments are 

accorded jurisdiction in matters relating to management of atmospheric emissions. These include 

the Department of Energy, which is responsible for emissions resulting from the use of fossil fuels 

and the Department of Mineral Resources, which, among other matters, deals with emissions from 

mining haul roads and emissions from fires in working and abandoned coal mines.10 

B. 2012 National Framework for Air Quality Management 

As noted above, the Air Quality Act mandates that the Minister Establish a National Framework 

for Air Quality Management, which must be reviewed at least every five years.11 The Minister 

issued a national framework in 2007, which was repealed and replaced by the 2012 National 

 

7 National Environmental Management: Air Quality Act § 53. 

8 Id. § 55. 

9 Id. 

10 NATIONAL FRAMEWORK FOR AIR QUALITY MANAGEMENT IN THE REPUBLIC OF SOUTH AFRICA, supra note 3,

§ 3.2.4. 

11 National Environmental Management: Air Quality Act § 7.
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Framework for Air Quality Management (the National Framework).12 According to the Act, the 

National Framework “binds all organs of state in all spheres of government”13 and “serves as a 

blueprint for air quality management.”14 

C. Ambient Air Quality Standards 

The Act mandates that the Minister identify substances in ambient air that present a threat to health 

or the environment and establish national standards for ambient air quality, including the 

permissible amount or concentration of each substance in ambient air. The Minister is also 

authorized to impose national emissions standards for each substance.15 

In 2009, the Minister established national ambient air quality standards for seven different 

pollutants: sulfur dioxide (SO2), nitrogen dioxide (NO2), particulate matter (PM10), ozone (O3), 

benzene (C6H6), lead (Pb), and carbon monoxide (CO).16 For instance, the ambient air quality 

standards for ozone are as follows: 

Averaging 

Period 

Concentration Frequency of 

Exceedence 

Compliance Date 

8 hours 

(running) 120 ug/m3 (61 ppb) 11 immediate 

The reference method for the analysis of ozone shall be UV photometric method as described 

in SANS 13964 

Source: National Ambient Air Quality Standards, G.G. No. 1210. 

In 2012, the Minister issued national ambient air quality standards for particulate matter with an 

aerodynamic diameter of less than 2.5 microns (PM2.5).17 The standards are set as follows: 

 

12 NATIONAL FRAMEWORK FOR AIR QUALITY MANAGEMENT IN THE REPUBLIC OF SOUTH AFRICA, supra note 3, § 7. 

13 National Environmental Management: Air Quality Act § 7. 

14 NATIONAL FRAMEWORK FOR AIR QUALITY MANAGEMENT IN THE REPUBLIC OF SOUTH AFRICA, supra note 3,

§ 2.2.3. 

15 National Environmental Management: Air Quality Act § 9.

16 National Environmental Management: Air Quality Act: National Ambient Air Quality Standards, GOVERNMENT 

NOTICE (G.N.) 1210 (DEC. 24, 2009), available at http://www.lawsofsouthafrica.up.ac.za/index.php/browse/envi 

ronment-and-conservation/national-environmental-management-air-quality-act-39-of-2004/regulations-andnotices/39-2004-national-environmental-management-air-quality-act-regs-gn-1210-in-gg32816-pdf/download,

archived at https://perma.cc/F5ME-8SND.

17 National Environmental Management: Air Quality Act: National Ambient Air Quality Standard for Particular 

Matter with Aerodynamic Diameter Less than 2.5 Micron Metres (PM2.5), G.N. 486 (June 29, 2012), available on 

the Rhodes University website, at 

https://www.ru.ac.za/media/rhodesuniversity/content/environment/documents/NEMA Air Qual Act 2004.pdf,

archived at https://perma.cc/5GCS-L4LE.
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Averaging 

Period 

Concentration Frequency of 

Exceedence 

Compliance Date 

24 hours 65 ug/m3 4 Immediate‒31 December 2015 

24 hours 40 ug/m3 4 1 January 2016‒31 December 2029 

24 hours 25 ug/m3 4 1 January 2030 

1 year 25 ug/m3 0 Immediate‒31 December 2015 

1 year 20 ug/m3 0 1 January 2016‒31 December 2029 

1 year 15 ug/m3 0 1 January 2030 

The reference method for the determination of PM2.5 Fraction pf suspended particulate matter 

shall be EN 14907 

Source: National Ambient Air Quality Standard for Particular Matter with Aerodynamic Diameter Less than 2.5 

Micron Metres (PM2.5), G.N. 486.

D. Listed Activities and Minimum Emissions Standards 

The Air Quality Act requires the Minister to issue a list of activities that he “reasonably believes 

have or may have a significant detrimental effect on the environment, including health, social 

conditions, economic conditions, ecological conditions and cultural heritage.”18 A person who 

wishes to engage in a listed activity cannot do so without first obtaining an atmospheric emission 

license.19 Among the items that an atmospheric emission license must include are “the maximum 

allowed amount, volume, emission rate or concentration of pollutants that may be discharged in 

the atmosphere . . . under normal working conditions and . . . normal start-up, maintenance and 

shutdown conditions,” as well as “point source emission measurement and 

reporting requirements.”20 

In 2013, the Minister issued list of various activities and associated minimum emission standards.21 

For instance, the emission standards for catalytic cracking units are set as follows: 

 

18 National Environmental Management: Air Quality Act § 21. 

19 Id. § 22.

20 Id. § 43. 

21 National Environmental Management: Air Quality Act: List of Activities which Result in Atmospheric Emissions 

which have or may have a Significant Detrimental Effect on the Environment, including Health, Social Conditions, 

Economic Conditions, Ecological Conditions or Cultural Heritage, G.N. NO. 893 (Nov. 22, 2013), available at

http://www.lawsofsouthafrica.up.ac.za/index.php/browse/environment-and-conservation/national-environmentalmanagement-air-quality-act-39-of-2004/regulations-and-notices/39-of-2004-national-environmental-managementair-quality-act-regs-gn-893-12-jun-2015-to-date-pdf/download, archived at https://perma.cc/2T6D-5PBP. 
Regulation of Air Pollution: South Africa 

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Description: Refinery catalytic cracking units 

Application: All installations. 

Substance or mixture of substances

Plant 

status

mg/Nm3

 under normal conditions of 

10% O2,

273 Kelvin and 101.3 kPa. Common name

Chemical

symbol

Particulate matter N/A 

New 100 

Existing 120 

Oxides of nitrogen NOX expressed as 

NO2

New 400 

Existing 550 

Sulphur dioxide SO2

New 1500 

Existing 3000 

Source: National Environmental Management: Air Quality Act: List of Activities which Result in Atmospheric 

Emissions which have or may have a Significant Detrimental Effect on the Environment, including Health, Social 

Conditions, Economic Conditions, Ecological Conditions or Cultural Heritage, G.N. No. 893, Part 3 (Nov. 22, 2013). 

E. Emission Standards for Controlled Emitters 

The Act authorizes the Minister to declare “any appliance or activity” a “controlled emitter” if the 

appliance or activity results, or the Minister reasonably believes could result, “in atmospheric 

emissions which through ambient concentrations, bio-accumulation, deposition or any other way, 

present a threat to health or the environment.”22 A notice declaring an activity or an appliance to 

be a controlled emitter must “establish emission standards, which must include standards setting 

the permissible amount, volume, emission rate or concentration of any specified substance or 

mixture of substances that may be emitted from the controlled emitter.”23 The Act bars any person 

from selling or using an appliance or engaging in an activity declared as a controlled emitter unless 

the appliance or the activity meets the standards set by the Minister.24 

In 2015, the Minister issued a notice declaring all small-scale char and small-scale charcoal plants 

in the country to be controlled emitters and imposed emission limits. 25 The limits are set 

as follows: 

 

 

22 National Environmental Management: Air Quality Act § 23.

23 Id. § 24.

24 Id. § 25. 

25 National Environmental Management: Air Quality Act 39 of 2004, Declaration of a Small-Scale Char and SmallScale Charcoal Plants as Controlled Emitters and Establishment of Emission Standards, G.N. 602 (Sept. 18, 2015),

available at http://www.lawsofsouthafrica.up.ac.za/index.php/browse/environment-and-conservation/nationalenvironmental-management-air-quality-act-39-of-2004/regulations-and-notices/39-of-2004-national-environmentalmanagement-air-quality-act-regs-gn-602-18-sep-2015-to-date-pdf/download, archived at https://perma.cc/TZ23-

ZWET. 
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Description The production of char or charcoal

Application All small -scale char plant or small -scale charcoal plant.

Substance or mixture of substances

Plant status

Limit value 

(dry mg/Nm3

at 

273K and 

101.3kPa) Common name

Chemical or 

Commonly-used 

symbol

Particulate Matter PM New 50 

Existing 100 

Polycyclic Aromatic 

Hydrocarbons

PAH New 0.1

Existing 0.5

Source: Declaration of a Small-Scale Char and Small-Scale Charcoal Plants as Controlled Emitters and Establishment 

of Emission Standards § 7, G.N. 602 (Sept. 18, 2015). 

F. Priority Air Pollutants 

The Act permits the Minister to designate certain substances “priority air pollutants” and to require 

persons dealing with such substances to prepare, submit for approval, and implement pollution 

prevention plans.26 Such requirements must “contain a requirement that the person . . . monitors, 

evaluates and reports on the implementation of the pollution prevention plan.”27

In 2017, the Minister declared the following greenhouse gases to be priority pollutants: carbon 

dioxide (CO2), methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFCs), 

perfluorocarbons (PFCs), and sulfur hexafluoride (SF6).28 Persons engaged in the production 

processes listed in the declaration, including coal mining, cement production, and electricity 

production facilities, are required to submit pollution prevention plans to the Minister and must 

monitor, evaluate, and report on the implementation of such plans.29

G. National Atmospheric Emissions Inventory 

In 2015, the Minister issued the National Atmospheric Reporting Regulations, the purpose of 

which is “to regulate reporting of data and information from an identified point, non-point and 

mobile sources of atmospheric emissions to an internet-based National Atmospheric Emissions 

 

26 National Environmental Management: Air Quality Act § 29.

27 Id.

28 National Environmental Management: Air Quality Act 39 of 2004: Declaration of Greenhouse Gases as Priority 

Air Pollutants, G.N. 710, § 2 (July 21, 2017), available at http://www.lawsofsouthafrica.up.ac.za/index.php/ 

browse/environment-and-conservation/national-environmental-management-air-quality-act-39-of-2004/regulationsand-notices/39-of-2004-national-environmental-management-air-quality-act-regs-gn-710-21-jul-2017-to-datepdf/download, archived at https://perma.cc/P35W-E32Y. 

29 Id. §§ 3–5. 
Regulation of Air Pollution: South Africa 

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Inventory System (NAEIS) towards the compilation of atmospheric emission inventories.”30 The 

Regulations create a classification for several emissions sources and data providers, and require 

persons identified as data providers to register on the NAEIS.31 Data providers are classified into 

four groups, all of which must submit annual reports: persons who engage in listed activities, 

controlled emitters, mines, and facilities identified under applicable municipal bylaws.32

H. Greenhouse Gas Emissions Reporting 

In 2017, The Minister issued the National Greenhouse Gas Emissions Reporting Regulations, 

2016.33 The purpose of the Regulations is to “to introduce a single national reporting system for 

the transparent reporting of greenhouse gas emissions.”34 Much like the National Atmospheric 

Reporting Regulations, these Regulations create categories of data providers and requires them to 

register and submit periodic reports.35 

I. Phase-Out and Management of Ozone-Depleting Substances 

In 2014, the Minister issued the Regulations Regarding the Phasing-out and Management of 

Ozone-Depleting Substances.36 Unless it is for a “critical use,” the Regulations bar anyone from 

“producing, importing, exporting, using or placing on the market” chlorofluorocarbons, 

bromochlorofluorocarbons, halons, carbon tetrachloride, 1,1,1-trichloroethane, 

hydrobromofluorocarbons, and bromochloromethane.37 They also prohibit the stockpiling of 

certain listed ozone-depleting substances and require persons who had already stockpiled such 

substances at the time of enactment of the Regulations to submit an abatement plan.38 In addition, 

the Regulations put in place a schedule for completely phasing out the importing of 

hydrochloroflourocarbons by 2040.39 

 

30 National Environmental Management: Air Quality Act 39 of 2004, National Atmospheric Emissions Reporting 

Regulations, 2015, G.N. R283 (Apr. 2, 2015), https://www.gov.za/sites/www.gov.za/files/40762_gen275.pdf, 

archived at https://perma.cc/ZUY8-XJSU. 

31 Id. §§ 1 & 5. 

32 Id. § 8 & Annexure 1. 

33 National Environmental Management: Air Quality Act 39 of 2004, National Greenhouse Gas Emissions Reporting 

Regulations, 2016, G.N. 275 (Apr. 3, 2017), http://www.lawsofsouthafrica.up.ac.za/index.php/browse/environmentand-conservation/national-environmental-management-air-quality-act-39-of-2004/regulations-and-notices/39-of2004-national-environmental-management-air-quality-act-regs-genn-275-3-apr-2017-to-date-pdf/download, 

archived at https://perma.cc/926G-CSMM. 

34 Id. § 2. 

35 Id. §§ 3, 4, 5 & 7. 

36 National Environmental Management: Air Quality Act 39 of 2004: Regulations Regarding the Phasing-Out and 

Management of Ozone-Depleting Substances, G.N 351 (May 8, 2014), http://www.lawsofsouthafrica.up.ac.za/ 

index.php/browse/environment-and-conservation/national-environmental-management-air-quality-act-39-of2004/regulations-and-notices/39-of-2004-national-environmental-management-air-quality-act-regs-gn-351-8-may2014-to-date-pdf/download, archived at https://perma.cc/XG37-J938. 

37 Id. § 3. 

38 Id. § 4. 

39 Id. § 5. 
Regulation of Air Pollution: South Africa 

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III. Fuel Emission Standards 

It appears that South Africa does not currently have vehicle CO2 emissions standards.40 However, 

South Africa does have what is known as an environmental levy “based on CO2 emissions of new 

motor vehicles imported into or manufactured” in the country.41 The CO2 emissions subject to the 

environmental levy are calculated as follows: 

(a) using the CO2 emissions stated in the test report of the vehicle type obtained as 

prescribed in the rules; or 

(b) if such report has not been obtained or is not submitted upon request to the 

Commissioner, by application of the following methods: 

i. motor vehicles specified in item 151.01 – 

(aa) if the engine capacity does not exceed 3 000 cm3

 [cubic 

centimeters]: CO2 emissions (g/km) = 120 + (0.05 x engine capacity 

in cm3

(bb) if the engine capacity exceeds 3 000 cm3

: CO2 emissions (g/km) = 

175 + (0.05 x engine capacity in cm3) 

ii. motor vehicles specified in item 151.02 – 

CO2 emissions (g/km) = 195 + (0,07 x engine capacity in cm3

).42

IV. Carbon Tax Bill 

South Africa may soon impose a carbon tax on emissions. On December 14, 2017, the country’s 

National Treasury issued the second draft bill on carbon tax for public comment and introduction 

before Parliament.43 Based on the “polluter pays” principle, if enacted in its current form, the 

proposal would introduce a carbon tax in phases in which the rate would be set at R120 (about 

US$10) per metric ton of carbon dioxide above the tax-free allowances.44 The rate would increase 

every year parallel to consumer price inflation plus 2% up to December 31, 2022.45 After that, the 

 

40 FRANCISCO POSADA, ICCT, SOUTH AFRICA’S NEW PASSENGER VEHICLE CO2 EMISSION STANDARDS: BASELINE 

DETERMINATION AND BENEFITS ASSESSMENT 13 (Jan. 2018), https://www.theicct.org/sites/default/files/publications/ 

South-Africa-PV-emission-stds_ICCT-White-Paper_17012018_vF.pdf, archived at https://perma.cc/9E65-RFKG. 

41 Karin Lehmann, South Africa’s Climate Change Commitments and Regulatory Response Potential, in CLIMATE 

CHANGE: LAW AND GOVERNANCE IN SOUTH AFRICA 8-1, 8-14 (Tracy-Lynn Humby et al. eds., 1st ed. 2016).

42 Customs and Excise Act 91 of 1964, Schedule 1, Part 3, Section D, Note 5(a)–(b) (commencement Jan. 1, 1965), 

http://www.sars.gov.za/AllDocs/LegalDoclib/SCEA1964/LAPD-LPrim-Tariff-2012-11 - Schedule No 1 Part 

3D.pdf, archived at https://perma.cc/SD35-JSXD. 

43 Media Statement, Department of National Treasury of Republic of South Africa, Release of Carbon Tax Bill for 

Introduction in Parliament and Public Comment (Dec. 14, 2017), http://www.treasury.gov.za/comm_media/ 

press/2017/2017121401 MEDIA STATEMENT - CARBON TAX.BILL.pdf, archived at https://perma.cc/5YXE5KTT. 

44 Draft Carbon Tax Bill, B-2017, §§ 5 & 7 (2017), http://www.treasury.gov.za/public comments/CarbonTax 

Bll2017/Draft Carbon Tax Bill December 2017.pdf, archived at https://perma.cc/SH5R-TAFD. 

45 Id. § 5. 
Regulation of Air Pollution: South Africa 

The Law Library of Congress 121

rate would be determined by the amount of the consumer price inflation for the preceding 

tax year.46

 

46 Id. 
The Law Library of Congress 122

Switzerland 

Jenny Gesley 

Foreign Law Specialist

SUMMARY The Swiss Constitution tasks the Swiss Confederation with enacting legislation to protect 

the Swiss population and the natural environment against damage or nuisance. In 

furtherance of that goal, Switzerland has ratified the major relevant international treaties 

that deal with air pollution and greenhouse gas emissions and implemented the 

requirements into national law. It uses various measures to reduce air pollution and 

greenhouse gas emissions, in particular it sets ambient limit values; prohibits the 

manufacturing, import, export, or use of substances that deplete the ozone layer; levies 

incentive taxes on petrol and diesel, extra-light fuel oil, volatile organic compounds, and 

the production, extraction, and import of thermal fuels; participates in emissions trading; 

sets building and vehicle emissions standards; requires fuel importers and operators of 

fossil-thermal power plants to compensate for CO2 emissions; makes voluntary agreements 

with industry sectors to reduce emissions; promotes climate program training and 

communication; and set up a technology fund to guarantee loans for companies that are 

developing and marketing new products and methodologies for reducing greenhouse gas 

emissions. Furthermore, it encourages the use of renewable fuels (biofuels) by exempting 

domestic manufacturers and importers from the mineral oil tax that is generally levied on 

fuels if the biofuels fulfill the ecological and social requirements set out in the 

relevant legislation. 

I. General Introduction 

Switzerland is a confederation that is made up of twenty-six cantons (states), each of which has 

its own government, parliament, and courts. Its constitution provides that the “Confederation 

shall legislate on the protection of the population and its natural environment against damage or 

nuisance” and “shall ensure that such damage or nuisance is avoided.”1 The cantons are 

generally responsible for the implementation of the relevant federal regulations in this area.2

At the end of 2017, Switzerland had a population of 8.48 million, which is an increase of 0.7% 

compared to 2016, but lower than the average population growth of around 1% during the years 

2007 to 2016.3 It is located in the middle of Europe, with the Swiss Plateau, the Jura Mountains, 

and the Alps covering most of the country’s 41,285 square-kilometer (about 15,940 square-mile) 

 

1

 Bundesverfassung [BV] [Swiss Constitution] (Apr. 18, 1999), SYSTEMATISCHE RECHTSSAMMLUNG [SR]

[SYSTEMATIC COMPILATION OF LAWS] 101, art. 74, paras. 1, 2, https://www.admin.ch/opc/de/classified-compilation/ 

19995395/201801010000/101.pdf, archived at http://perma.cc/68KJ-ZYR7, unofficial English translation available 

at https://www.admin.ch/opc/en/classified-compilation/19995395/201801010000/101.pdf, archived at

http://perma.cc/AR8P-J2L6. 

2 Id. art. 74, para. 3. 

3

 Press Release, Federal Statistical Office, Net Decline in Population Growth in 2017 (Apr. 6, 2018), 

https://www.bfs.admin.ch/bfsstatic/dam/assets/4782550/master, archived at http://perma.cc/P67D-88NJ. 
Regulation of Air Pollution: Switzerland 

The Law Library of Congress 123

surface area. The Alps act as a climate divide.4 It neighbors the European Union (EU) which is a 

major economic partner. The EU and Switzerland have concluded a number of bilateral 

agreements and Switzerland generally aims to align its laws with EU legislation.5

From 1864, when industrialization began, to 2012, the temperature in Switzerland rose by about 

1.8°C, thereby exceeding the global average increase of 0.85°C by more than double. The rise in 

temperature is most likely caused by increased greenhouse gas (GHG) emissions.6 In 2015, 

Switzerland emitted a total 48.14 million metric tons (t) of CO2 equivalent (CO2 eq) into the 

atmosphere.7 Most of this can be attributed to traffic (15.47 million t), the manufacturing 

industry (9.79 million t), and residential households (8.59 million t). Agriculture accounted for 

6.50 million t, the services industry for 4.13 million t, and waste for 3.65 million t.8 In a global 

comparison, Switzerland’s GHG emissions make up only 0.1% of global emissions.9

 It is 

nonetheless committed to an active climate policy, in particular because it is affected by the 

melting of glaciers.10 Future GHG emissions will determine to what extent the climate will 

change and if the temperature increase in Switzerland will continue.11 However, even though the 

Swiss economy and population kept growing in the years from 1990 to 2015, GHG emissions per 

capita and per gross domestic product (GDP) declined by 27% and 39%, respectively, in the 

same time frame.12 

 

4

 SWITZERLAND’S SEVENTH NATIONAL COMMUNICATION AND THIRD BIENNIAL REPORT UNDER THE UNFCCC.

FOURTH NATIONAL COMMUNICATION UNDER THE KYOTO PROTOCOL TO THE UNFCCC 11 (Jan. 1, 2018), 

https://unfccc.int/files/national_ 

reports/annex_i_natcom/submitted_natcom/application/pdf/624078315_switzerland-nc7-br3-1-

che_nc7_br3_2018.pdf, archived at http://perma.cc/T56X-QXC8. 

5 Id. at 10. 

6 Climate Change in Switzerland, FEDERAL OFFICE OF METEOROLOGY AND CLIMATOLOGY [METEOSWISS], 

http://www.meteoswiss.admin.ch/home/climate/climate-change-in-switzerland.html (last updated Jan. 1, 2018), 

archived at http://perma.cc/VT74-WFYZ. 

7

 Bundesamt für Umwelt [BAFU] [Federal Office for the Environment] [FOEN], Treibhausgasemissionen in der 

Schweiz. Entwicklung in CO2-Äquivalente und Emissionen nach Sektoren [Greenhouse Gas Emissions in 

Switzerland. Development in CO2 Equivalent and Emissions by Sectors], Sept. 1, 2017, https://www.bfs.admin. 

ch/bfsstatic/dam/assets/3362335/master, archived at http://perma.cc/3DA6-MAFG. 

8 Id. 

9

 FOEN, SCHWEIZER KLIMAPOLITIK AUF EINEN BLICK [SWISS ENVIRONMENTAL POLICY IN A NUTSHELL] 3 (2014), 

https://www.bafu.admin.ch/dam/bafu/de/dokumente/klima/ud-umwelt-diverses/schweizer_klimapolitik 

aufeinenblick.pdf.download.pdf/schweizer_klimapolitikaufeinenblick.pdf, archived at http://perma.cc/UL3Z-B8ZL. 

10 Id. 

11 METEOSWISS, supra note 6. 

12 SWITZERLAND’S SEVENTH NATIONAL COMMUNICATION AND THIRD BIENNIAL REPORT UNDER THE UNFCCC, 

supra note 4, at 12. 
Regulation of Air Pollution: Switzerland 

The Law Library of Congress 124

II. Legal Framework 

A. International Law 

1. Convention on Long-range Transboundary Air Pollution 

Switzerland has signed and ratified the 1979 Convention on Long-range Transboundary Air 

Pollution (CLRTAP) and its eight Protocols.13 The Convention entered into force for Switzerland 

on May 6, 1983.14 The CLRTAP aims to reduce and prevent air pollution, including 

transboundary air pollution, by means of information exchanges, consultation, research, 

monitoring, and development of policies and strategies.15 The Convention was initially regarded 

as a “flexible framework for cooperation.” The eight protocols extended the number of 

substances covered by the CLRTAP and laid down legally binding targets to be taken by the 

State Parties to cut air pollutants emissions.16 State Parties are obligated to report on their 

measures on a periodical basis. 

2. United Nations Framework Convention on Climate Change and Kyoto Protocol 

Switzerland ratified the United Nations Framework Convention on Climate Change (UNFCCC) 

in December 1993 and it entered into force for Switzerland in March 1994.17 In 2003, 

Switzerland ratified the Kyoto Protocol to the UNFCCC, which entered into force for 

Switzerland in 2005.18 Switzerland pledged to reduce its GHG emissions to an average of 8% 

against 1990 levels for the commitment period of 2008–2012. The commitments were 

implemented into national law in the first CO2 Act of 1999.19

 

13 Convention on Long-range Transboundary Air Pollution (CLRTAP), Nov. 13, 1979, 1302 U.N.T.S. 217, 

http://www.unece.org/fileadmin/DAM/env/lrtap/full%20text/1979.CLRTAP.e.pdf, archived at

http://perma.cc/F9ZJ-DU4Y. 

14 Convention on Long-range Transboundary Air Pollution, Status as of Apr 5, 2018, UNITED NATIONS TREATY 

COLLECTION, https://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=XXVII-1&chapter= 

27&clang=_en, archived at http://perma.cc/G2PX-RU22. 

15 CLRTAP, arts. 2, 3. 

16 Protocols, UNITED NATIONS ECONOMIC COMMISSION FOR EUROPE (UNECE), https://www.unece.org/env/lrtap/ 

status/lrtap_s.html (last visited Apr. 5, 2018), archived at http://perma.cc/J25P-C7G9. 

17 United Nations Framework Convention on Climate Change (UNFCCC), May 9, 1992, 1771 U.N.T.S. 107, 

http://unfccc.int/files/essential_background/background_publications_htmlpdf/application/pdf/conveng.pdf, 

archived at http://perma.cc/2XMZ-7GKG; Status of Ratification of the Convention, UNITED NATIONS CLIMATE 

CHANGE, http://unfccc.int/essential_background/convention/status_of_ratification/items/2631.php (last visited 

Apr. 5, 2018), archived at http://perma.cc/SDU8-TRUN. 

18 Kyoto Protocol to the United Nations Framework Convention on Climate Change (Kyoto Protocol), Dec. 11, 

1997, 2303 U.N.T.S. 162, annex B, http://unfccc.int/resource/docs/convkp/kpeng.pdf, archived at 

http://perma.cc/3HQM-LT8M; Status of Ratification of the Kyoto Protocol, UNITED NATIONS CLIMATE CHANGE, 

http://unfccc.int/kyoto_protocol/status_of_ratification/items/2613.php (last visited Apr. 5, 2018), archived at

http://perma.cc/9NCN-NJMG. 

19 Bundesgesetz über die Reduktion der CO2-Emissionen [CO2-Gesetz] [Federal Act on the Reduction of CO2

Emissions] [CO2 Act], Oct. 8, 1999, SR 641.71, as in force on Apr. 18, 2000, https://www.admin.ch/opc/ 

de/classified-compilation/19995362/200005010000/641.71.pdf, archived at http://perma.cc/7ASY-J4BA. 
Regulation of Air Pollution: Switzerland 

The Law Library of Congress 125

The Kyoto Protocol was amended in December 2012 (Doha Amendment to the Kyoto Protocol) 

and new commitments were agreed upon by some countries.20 During the second commitment 

period, which runs from 2013 to 2020, Switzerland pledged to reduce its GHG emissions by 20% 

compared to 1990 levels.21

3. Paris Agreement to the UNFCCC 

In October 2017, Switzerland ratified the Paris Agreement, which entered into force for 

Switzerland on November 5, 2017.22 The Paris Agreement’s goal is to limit the global average 

temperature increase above preindustrial levels to well below 2°C. In furtherance of that goal, 

Switzerland submitted its “intended nationally determined contribution” (INDC) in which it set a 

total GHG emissions reduction target of 50% below 1990 levels by 2030.23

B. National Law 

1. Air Pollution Control 

Even though the air quality in Switzerland has improved since the 1980s, pollution continues to 

be higher than the ambient limit values set out in the relevant legislation.24 Air pollution 

reduction measures are mainly codified in the Environmental Protection Act (EPA).25 The EPA 

contains general provisions that apply to all aspects of environmental protection and is 

supplemented by various detailed implementing ordinances. For the area of air pollution control 

and reduction these are in particular the Ordinance on Air Pollution Control (OAPC),26 the 

 

20 Doha Amendment to the Kyoto Protocol, Dec. 8, 2012, reference no. C.N.718.2012 TREATIES-XXVII.7.c, 

https://unfccc.int/files/kyoto_protocol/application/pdf/kp_doha_amendment_english.pdf, archived at 

http://perma.cc/CVK3-2YFR. 

21 Id. at 3, n.11. 

22 Paris Agreement, Dec. 12, 2015, http://unfccc.int/files/essential_background/convention/application/pdf/english_ 

paris_agreement.pdf, archived at http://perma.cc/9UKH-4U6T; Paris Agreement – Status of Ratification, UNITED 

NATIONS CLIMATE CHANGE http://unfccc.int/paris_agreement/items/9444.php (last visited Apr. 5, 2018), archived at

http://perma.cc/T5LP-X53J. 

23 SWITZERLAND, SWITZERLAND’S INTENDED NATIONALLY DETERMINED CONTRIBUTION (INDC) AND CLARIFYING 

INFORMATION, http://www4.unfccc.int/ndcregistry/PublishedDocuments/Switzerland First/15 02 27_INDC 

Contribution of Switzerland.pdf, archived at http://perma.cc/F9MQ-MG88. 

24 Air Quality in Switzerland, FOEN, https://www.bafu.admin.ch/bafu/en/home/topics/air/info-specialists/airquality-in-switzerland.html (last updated June 28, 2017), archived at http://perma.cc/W8E6-4AAX. 

25 Umweltschutzgesetz [USG] [Environmental Protection Act] [EPA], Oct. 7, 1983, SR 814.01, https://www.admin. 

ch/opc/de/classified-compilation/19830267/201801010000/814.01.pdf, archived at http://perma.cc/46PW-TE5Y, 

unofficial English translation available at https://www.admin.ch/opc/en/classified-compilation/19830267/ 

201801010000/814.01.pdf, archived at http://perma.cc/3VP4-DV3J. 

26 Luftreinhalte-Verordnung [LRV] [Ordinance on Air Pollution Control] [OAPC], Dec. 16, 1985, 

SR 814.318.142.1, https://www.admin.ch/opc/de/classified-compilation/19850321/201801010000/814.318. 

142.1.pdf, archived at http://perma.cc/LHU3-4A9Z, unofficial English translation at https://www.admin.ch/ 

opc/en/classified-compilation/19850321/201801010000/814.318.142.1.pdf, archived at http://perma.cc/W748-

7Q7R. 
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Chemical Risk Reduction Ordinance,27 the Ordinance on Incentive Taxation of Petrol and Diesel 

with a Sulfur Content of More Than 0.001% (PDSO),28 the Ordinance on the Incentive Tax on 

Extra-Light Heating Oil with a Sulfur Content of More Than 0.1% (ELHOO),29 and the 

Ordinance on the Incentive Tax on Volatile Organic Compounds (OVOC).30 The legislation is 

mainly focused on reducing air pollution from respirable particulate matter (PM10), nitrogen 

oxides (NOX), sulfur dioxide (SO2), and ozone (O3), among others. The reduction of CO2

emissions is dealt with in separate legislation.31

a. Ordinance on Air Pollution Control 

“Air pollution” is defined as a “modification of the natural condition of the air, in particular, 

through smoke, soot, dust, gases, aerosols, steams, odors or waste heat.”32 The EPA generally 

requires that the spread of air pollutants and other emissions are kept to a minimum and 

prevented where they occur.33 The EPA authorizes the Swiss Federal Council (the Swiss 

government) to enact legislation to limit emissions, in particular by setting ambient limit 

values.34 The OAPC therefore includes preventive emission limits for installations35 that pollute 

the air, provisions on open-air waste incineration, requirements for thermal and motor fuels, 

maximum permitted ambient air pollution levels (ambient limit values), and procedures in the 

event of excessive ambient air pollution levels.36 Different rules exist for existing and new 

 

27 Chemikalien-Risikoreduktions-Verordnung [ChemRRV] [Chemical Risk Reduction Ordinance] [ORRChem], 

May 18, 2005, SR 814.81, https://www.admin.ch/opc/de/classified-compilation/20021520/201803010000/ 

814.81.pdf, archived at http://perma.cc/H2AQ-HPAH, unofficial English translation available at

https://www.admin.ch/opc/en/classified-compilation/20021520/201803010000/814.81.pdf, archived at

http://perma.cc/6BVG-6XRL. 

28 Verordnung über die Lenkungsabgabe auf Benzin und Dieselöl mit einem Schwefelgehalt von mehr als 0,001 

Prozent [BDSV] [Ordinance on Incentive Taxation of Petrol and Diesel With a Sulfur Content of More than 

0.001%] [PDSO], Oct. 15, 2003, SR 814.020, https://www.admin.ch/opc/de/classified-compilation/20031 

179/200901010000/814.020.pdf, archived at http://perma.cc/N7FY-THTN; EPA, arts. 35bbis, 35c. 

29 Verordnung über die Lenkungsabgabe auf «Heizöl Extraleicht» mit einem Schwefelgehalt von mehr als 0,1 

Prozent [HELV] [Ordinance on the Incentive Tax on “Extra-Light Heating Oil” with a Sulfur Content of More Than 

0.1%] [ELHOO], Nov. 12, 1997, SR 814.019, https://www.admin.ch/opc/de/classified-compilation/199704 

59/200901010000/814.019.pdf, archived at http://perma.cc/X3LD-7GC6; EPA, arts. 35b, 35c. 

30 Verordnung über die Lenkungsabgabe auf flüchtigen organischen Verbindungen [VOCV] [Ordinance on the 

Incentive Tax on Volatile Organic Compounds] [OVOC], Nov. 12, 1997, SR 814.018, https://www.admin.ch/opc/ 

de/classified-compilation/19970460/201801010000/814.018.pdf, archived at http://perma.cc/JNG7-8K9X, 

unofficial English translation available at https://www.admin.ch/opc/en/classified-compilation/19970460/2018 

01010000/814.018.pdf, archived at http://perma.cc/HGJ3-BY5J; EPA, arts. 35a, 35c. 

31 See infra Part II(B)(2). 

32 EPA, § 7, para. 3. 

33 Id. art. 1, para. 2. 

34 Id. arts. 12, 13, 39. 

35 “Installations” are defined as buildings, traffic routes, other fixed facilities, modifications of the terrain, 

appliances, machines, vehicles, ships, and aircraft. See EPA, § 7, para. 7. 

36 OAPC, art. 1, para. 2. 
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stationary installations (industrial pollution), vehicles, and transport infrastructure.37 The main 

reduction measures are limits to the release of certain organic and inorganic substances from 

existing and new stationary installations;38 additional limits to the release of substances for 

certain installations, in particular chemical plants, the mineral oil industry, metal productions 

plants, agricultural and foodstuffs installations, coating and printing factories, and waste 

incinerators;39 additional or different emission limits for combustion installations;40 licensing of 

combustion installations, construction machines and particle filter systems, and machinery;41

sulfur content and combustion limits for thermal and motor fuels;42 restrictions on the height of 

industrial chimneys;43 and average ambient limit values for air pollutants like SO2, nitrogen 

dioxide (NO2), carbon monoxide (CO), O3, and PM10, calculated on an annual or hourly basis.44 

The cantons are obligated to monitor ambient air pollution levels in their territory, establish and 

regularly review action plans to control excessive ambient air pollution levels, and enforce the 

OAPC in general.45

b. Chemical Risk Reduction Ordinance 

The Chemical Risk Reduction Ordinance (ORRChem) includes measures to deal with the 

damage of the ozone layer. Substances that deplete the ozone layer like fully halogenated 

chlorofluorocarbons (CFCs) generally cannot be manufactured, imported, exported, or used.46

Exceptions may be granted upon special request and in limited circumstances. 

c. Incentive Taxation of Petrol and Diesel, Extra-light Fuel Oil, and VOCs 

The ordinances on incentive taxation of petrol and diesel, extra-light fuel oil, and volatile organic 

compounds (VOCs) create economic incentives to reduce the use of sulfur and VOCs47 like 

acetone and benzene by making them more expensive. Exemptions from the taxes are possible if 

measures to reduce emissions are taken in return. In the case of the VOC incentive tax, for 

example, persons liable for the tax must prove that they have an operational air purification plant 

in place that is in good technical condition and that the measures taken have resulted in the 

 

37 Id. art. 2. 

38 Id. annex 1. 

39 Id. annex 2. 

40 Id. annex 3. 

41 Id. annex 4. 

42 Id. annex 5. 

43 Id. annex 6. 

44 Id. annex 7. 

45 Id. arts. 27, 31, 33, para. 3, art. 35. 

46 ORRChem, art. 3 in conjunction with annex 1.4. 

47 VOCs are defined as “organic compounds with a vapour pressure of at least 0.1 mbar at 20°C or a boiling point of 

maximum 240°C at 1013.25 mbar.” See OVOC, art. 1. VOCs subject to the tax are found in annex 1 of the OVOC. 
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annual quantity of VOC emissions from their installations being reduced by at least 50%.48 The 

proceeds from the taxes are redistributed to the general public.49

2. Greenhouse Gas Emissions Reduction 

The core domestic legal instrument to combat GHG emissions and climate change in Switzerland 

is the CO2 Act50 and its corresponding ordinance.51 The CO2 Act implements, inter alia, the 

goals agreed upon under the UNFCCC and the Kyoto Protocol, Doha Amendment, and Paris 

Agreement. The current second revision of the CO2 Act sets targets for buildings, transport, and 

industry for GHG emission reduction until 2020. Furthermore, it obligates the Swiss Federal 

Council to submit proposals to the Swiss Parliament on how to reduce GHG emissions beyond 

2021.52 In order to meet the GHG emission reduction target under the Paris Agreement of 50% 

by 2030 compared to 1990 levels, a third revision of the CO2 Act is currently in progress.53

Measures to reduce CO2 emissions set out in the CO2 Act and its implementing ordinances 

include a CO2 levy, emissions trading, building standards, vehicle emissions standards, 

compensation for CO2 emissions for fuel importers and operators of fossil-thermal power plants, 

voluntary agreements with industry sectors, climate program training and communication, and a 

technology fund to guarantee loans for companies that are developing and marketing new 

products and methodologies for reducing GHG emissions.54

a. CO2 Levy 

Since 2008, Switzerland has levied an incentive tax on the production, extraction, and import of 

thermal fuels, such as heating oil and natural gas and coal, when they are used to produce heat, to 

generate light, in thermal installations for the production of electricity, or for the operation of 

heat-power cogeneration plants.55 The goal is to encourage people to use them more 

 

48 OVOC, art. 9. 

49 EPA, art. 35a, para. 9, art. 35b, para. 5; art. 35bbis, para. 6. 

50 Bundesgesetz über die Reduktion der CO2-Emissionen [CO2-Gesetz] [Federal Act on the Reduction of CO2

Emissions] [CO2 Act], Dec. 23, 2011, SR 641.71, https://www.admin.ch/opc/de/classified-compilation/20091 

310/201801010000/641.71.pdf, archived at http://perma.cc/9VE5-ZEX9, unofficial English translation at

https://www.admin.ch/opc/en/classified-compilation/20091310/201801010000/641.71.pdf (English version updated 

through Jan. 1, 2013), archived at http://perma.cc/LZ88-PNPE. 

51 Verordnung über die Reduktion der CO2-Emissionen [CO2-Verordnung] [Ordinance on the Reduction of CO2

Emissions] [CO2 Ordinance], Nov. 30, 2012, SR 641.711, https://www.admin.ch/opc/de/classified-compilation/201 

20090/201801010000/641.711.pdf, archived at http://perma.cc/6QE6-SRPQ, unofficial English translation available 

at https://www.admin.ch/opc/en/classified-compilation/20120090/201801010000/641.711.pdf (English version 

updated through June 15, 2017), archived at http://perma.cc/LGE3-5M7T. 

52 Botschaft zur Totalrevision des CO2-Gesetzes nach 2020 [Message Regarding the Complete Revision of the CO2

Act After 2020], Dec. 1, 2017, BUNDESBLATT [BBL.] [FEDERAL GAZETTE] I 247, 248 (2018), https://www.admin.ch/ 

opc/de/federal-gazette/2018/247.pdf, archived at http://perma.cc/YS3D-TCJH. 

53 Id. 

54 Swiss Climate Policy, FOEN, https://www.bafu.admin.ch/bafu/en/home/topics/climate/info-specialists/climatepolicy.html (last updated Aug. 30, 2016), archived at http://perma.cc/K9LR-AY5G. 

55 CO2 Act, arts. 29–33; CO2 Ordinance, arts. 93–95, annex 11. 
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economically and choose more carbon-neutral or low-carbon energy sources.56 The current rate 

as of January 1, 2018, is CHF 96 (about US$100) per metric ton of CO2.

57 One-third of the 

revenue from the CO2 levy is invested into energy-efficient renovations of buildings and 

transferred to the technology fund, and two-thirds is redistributed to the public and the 

business community.58

Certain companies and persons may be exempted from the CO2 levy and can request a refund 

from the Swiss Federal Customs Administration.59 Greenhouse gas-intensive companies that 

commit to a reduction in their GHG emissions or participate in the Emissions Trading Scheme as 

well as power plants are exempt.60 Furthermore, persons that prove that they did not use the 

thermal fuels to generate energy may request an exemption.61 Lastly, since January 1, 2018, 

operators of fossil fuel-based combined heat and power plants (CHP plants) have been able to 

request a (partial) refund for fossil combustible fuels that they use for electricity production if the 

plants have a rated thermal input of 0.5 to 20 MW.62

b. Emissions Trading Scheme 

The Swiss Emissions Trading Scheme (ETS) adheres to the “cap-and-trade” principle, meaning 

that the availability of tradable rights to emit greenhouse gases (emission allowances) is limited. 

The Swiss ETS requires certain large, greenhouse gas-intensive companies to participate, 

whereas other small and medium-sized companies can choose to do so.63 As mentioned, 

participation in the ETS qualifies the companies for an exemption from the CO2 levy.64

Participating companies must submit annual greenhouse gas emission reports.65 If emissions of 

ETS companies are neither covered by emission allowances nor by emission reduction 

 

56 CO2 Levy, FOEN, https://www.bafu.admin.ch/bafu/en/home/topics/climate/info-specialists/climate-policy/co2-

levy.html (last updated May 11, 2016), archived at http://perma.cc/G8BA-8CE3. 

57 Imposition of the CO2 Levy on Heating and Process Fuels, FOEN, https://www.bafu.admin.ch/bafu/en/ 

home/topics/climate/info-specialists/climate-policy/co2-levy/imposition-of-the-co2-levy-on-thermal-fuels.html (last 

updated Jan. 8, 2016), archived at http://perma.cc/HA4U-S9HC. 

58 CO2 Act, arts. 34, 35, 36; Redistribution of the CO2 Levy, FOEN, https://www.bafu.admin.ch/bafu/en/home/ 

topics/climate/info-specialists/climate-policy/co2-levy/redistribution-of-the-co2-levy.html (last updated Aug. 8, 

2016), archived at http://perma.cc/J5HV-99NF. 

59 CO2 Act, arts. 17, 25, 31, 31a, 32a, 32c; CO2 Ordinance, arts. 96, 96a, 97. The newly codified articles 31a, 32a, 

and 32c of the CO2 Act and article 96a of the CO2 Ordinance are not yet reflected in the English translation of the 

CO2 Ordinance. 

60 CO2 Act, arts. 17, 25. 

61 CO2 Act, art. 32c; CO2 Ordinance, art. 96, para. 1c. These newly codified articles are not yet reflected in the 

English translation of the CO2 Act and the CO2 Ordinance. 

62 CO2 Act, arts. 32a, 32b; CO2 Ordinance, art. 96a. These newly codified articles are not yet reflected in the English 

translation of the CO2 Act and the CO2 Ordinance. 

63 CO2 Act, arts. 15, 16; CO2 Ordinance, art. 40 in conjunction with annex 6, art. 42 in conjunction with annex 7. 

64 CO2 Act, art. 17. 

65 Id. art. 20. 
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certificates, companies will have to pay a fine of CHF125 (about US$130) per metric ton of 

CO2 eq.66

On November 23, 2017, the EU and Switzerland signed an agreement to link their GHG 

emissions trading systems and create a joint CO2 market.67 In a next step, the Swiss Parliament 

and the competent EU institutions need to approve the ratification for the agreement to enter into 

force.68 In preparation for the agreement entering into force, Switzerland updated the Ordinance 

on the Acquisition and Reporting of Tonne-Kilometre Data Relating to Distances Covered by 

Aircraft,69 because emissions generated from aviation were excluded from the Swiss ETS, unlike 

in the EU. The Ordinance only includes emissions from domestic flights and flights from 

Switzerland to member states of the European Economic Area.70

c. Building Standards 

Buildings account for one-quarter of the Swiss CO2 emissions and 40% of energy consumption.71

The goal is to reduce these emissions by 40% compared to the 1990 levels, with an interim target 

of a 22% reduction by 2015.72 The abovementioned CO2 levy and the proceeds from it that are 

invested in the federal and cantonal building programs are two of the measures available to 

reduce building emissions. The buildings programs invest in energy-efficient renovation of 

buildings, renewable energies, waste heat recovery, and the optimization of building services 

technology.73 In addition, the cantons are required to define standards for the continuous 

reduction of CO2 emissions in new and older buildings that are heated with fossil fuels based on 

 

66 Id. art. 21. 

67 Agreement between the European Union and the Swiss Confederation on the Linking of Their Greenhouse Gas 

Emissions Trading Systems, 2017 O.J. (L 322) 3, https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri= 

CELEX:22017A1207(01)&from=EN, archived at http://perma.cc/LN2S-SQ32; Press Release, FOEN, Signature of 

the Agreement Between Switzerland and the EU on the Linking of Their Emissions Trading Schemes (Nov. 23, 

2017), https://www.bafu.admin.ch/bafu/en/home/topics/climate/info-specialists/climate-policy/emissionstrading/linking-the-swiss-and-eu-emissions-trading-schemes/unterzeichnung-des-abkommens-zur-verknuepfungder-emissionshande.html, archived at http://perma.cc/Z64K-KT4C. 

68 Press Release, supra note 67. 

69 Verordnung über die Erhebung von Tonnenkilometerdaten aus Flugstrecken und die Berichterstattung darüber 

[Ordinance on the Acquisition and Reporting of Tonne-Kilometre Data Relating to Distances Covered by Aircraft], 

June 2, 2017, SR 641.714.11, https://www.admin.ch/opc/de/classified-compilation/20170489/201707010000/ 

641.714.11.pdf, archived at http://perma.cc/37HU-CPWJ, unofficial English translation available at https://www. 

admin.ch/opc/en/classified-compilation/20170489/201707010000/641.714.11.pdf, archived at

http://perma.cc/A2ZA-SU4N. 

70 Id. art. 3, para. 1; Press Release, supra note 67. 

71 The Federal and Cantonal Buildings Programme, FOEN, https://www.bafu.admin.ch/bafu/en/home/topics/ 

climate/info-specialists/climate-policy/buildings/buildings-programme.html (last modified Feb. 15, 2018), archived 

at http://perma.cc/Z79V-EVEA. 

72 CO2 Ordinance, art. 3, para. 1a. 

73 The Federal and Cantonal Buildings Programme, supra note 71. 
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the current state of the art.74 They submit regular reports to the Confederation on the 

measures taken.75

d. Vehicle Emission Standards 

More than a third of the total energy consumption and CO2 emissions in Switzerland can be 

attributed to traffic.76 Rules on vehicle emission standards are codified in the CO2 Act, the CO2

Ordinance, the Ordinance on Technical Requirements for Road Vehicles,77 and the Ordinance on 

the Homologation of Road Vehicles.78 CO2 emission regulations for new passenger cars in 

Switzerland are similar to those found in the EU. The CO2 Act explicitly states that regulations of 

the EU on vehicle emission standards must be considered when reduction goals are set.79

Currently, passenger cars that are registered for the first time may not emit more than 130 grams 

of CO2 per kilometer on average by the end of 2015.80 Importers or manufacturers of cars that 

violate the individual targets are subject to a fine of between CHF5 and CHF8 (about US$5.20 to 

US$8.31) for the first gram of CO2 per kilometer over the individual target up to between CHF95 

and CHF152 (about US$99 to US$158) for the fourth and every additional gram of CO2/km over 

the individual target for the period from 2017 to 2018.81 Beginning January 1, 2019, the fine will 

be raised to CHF95 to CHF152 for each gram of CO2/km over the individual target.82 The fines 

are recalculated every year.83

A continuous tightening of the emission rules for passenger cars and new rules for light 

commercial vehicles was proposed by the Swiss Federal Council as part of the Energy Strategy 

2050 and enacted into law.84 From 2020 onwards, new passenger cars will not be allowed to emit 

 

74 CO2 Act, art. 9, para. 1. 

75 Id. art. 9, para. 2. 

76 Measures for Increasing Energy Efficiency, SWISS FEDERAL OFFICE OF ENERGY [SFOE], http://www.bfe.admin. 

ch/energiestrategie2050/06447/06457/index.html?lang=en# (last updated Jan. 18, 2018), archived at

http://perma.cc/HB2L-APDD. 

77 Verordnung über die technischen Anforderungen an Strassenfahrzeuge [VTS] [Ordinance on Technical 

Requirements on Road Vehicles], June 19, 1995, SR 741.41, https://www.admin.ch/opc/de/classified-compilation/ 

19950165/201707010000/741.41.pdf, archived at http://perma.cc/5VVC-RG8W. 

78 Verordnung über die Typengenehmigung von Strassenfahrzeugen [TGV] [Ordinance on the Homologation of 

Road Vehicles], June 19, 1995, SR 741.511, https://www.admin.ch/opc/de/classified-compilation/19950161/ 

201701150000/741.511.pdf, archived at http://perma.cc/UYE6-67WZ. 

79 CO2 Act, art. 10, para. 3, art. 11, para. 2. 

80 Id. art. 10, para. 1. 

81 Id. art. 13, para. 1. Please note that the higher fines are not yet reflected in the English translation of the CO2 Act. 

82 Id. 

83 Id. art. 13, para. 2. 

84 What is the Energy Strategy 2050?, SFOE, http://www.bfe.admin.ch/energiestrategie2050/06445/index.html? 

lang=en (last updated Jan. 18, 2018), archived at http://perma.cc/TGD8-P373; CO2 Emissions Regulations for 

Passenger Cars, FOEN, https://www.bafu.admin.ch/bafu/en/home/topics/climate/info-specialists/climatepolicy/co2-emissions-regulations-for-passenger-cars.html (last updated Apr. 24, 2015), archived at

http://perma.cc/J92X-YJFX. 
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more than 95 grams of CO2/km, whereas light commercial vehicles and light articulated vehicles 

may not emit more than 147 grams of CO2/km.85 

e. Compensation for CO2 Emissions 

Importers of fossil fuels and operators of fossil fuel thermal power plants are required to 

compensate for CO2 emissions. Importers of fossil fuels must compensate for 10% of the CO2

emissions caused by traffic, whereas fossil fuel thermal power plant operators must compensate 

for all their CO2 emissions.86 Importers of fossil fuels can only use domestic measures, whereas 

fossil fuel thermal power plant operators have several compensation options as long as half of 

the compensation measures take place domestically.87 As an example, investments in renewable 

energies may count as a compensation measure.88

f. Industry Sector Agreements 

The Swiss Confederation is authorized to conclude agreements with individual sectors of the 

economy to generally enforce the objectives of the EPA, to set quantitative targets and deadlines 

for meeting them, and to set GHG reduction targets.89 Two such agreements have been 

concluded; one is a voluntary industry solution with the goal of limiting consumption and 

emissions of SF6, a potent greenhouse gas, and the other is between the Federal Department of 

the Environment, Transport, Energy, and Communications (DETEC) and waste recycling plants 

to reduce emissions from the incineration of waste and provide incentives for improving 

energy efficiency.90

 

85 CO2 Act, art. 10, paras. 1, 2. Please note that the new vehicle emission standards are not yet reflected in the 

English translation of the CO2 Act. For an English description of the new rules see CO2 Emission Regulations for 

New Cars and Light Commercial Vehicles, SFOE, http://www.bfe.admin.ch/themen/00507/05318/index.html? 

lang=en (last updated Apr. 4, 2018), archived at http://perma.cc/27WF-F6PZ. 

86 CO2 Act, art. 22, para. 1a; CO2 Ordinance, arts. 89, para. 1d. 

87 CO2 Act, arts. 22, 26, 27; CO2 Ordinance, arts. 83, 90. 

88 CO2 Act, art. 22, para. 3. 

89 EPA, art. 41a; CO2 Act, art. 3, para. 4. 

90 Swiss Voluntary Agreement for the Use of SF6 in Electrical Switching Devices and Switchgear, Dec. 19, 2013, 

https://www.bafu.admin.ch/dam/bafu/en/dokumente/klima/fachinfo-daten/selbstverpflichtungserklaerungzusf6 

inelektrischenschaltgeraetenu.pdf.download.pdf/swiss_voluntary_agreementfortheuseofsf6inelectricalswitchingdevi.

pdf, archived at http://perma.cc/KM2K-UC9R; Swiss Voluntary Agreement for the Use of SF6 in Particle Beam 

Accelerators (Electron and Proton Beam Accelerators), Dec. 19, 2013, https://www.bafu.admin.ch/dam/bafu/en/ 

dokumente/klima/fachinfo-daten/selbstverpflichtungserklaerungzusf6inteilchenbeschleunigernelekt.pdf.download. 

pdf/swiss_voluntary_agreementfortheuseofsf6inparticlebeamaccelerator.pdf, archived at http://perma.cc/64SV74J4; Vertrag zwischen der Schweizerischen Eidgenossenschaft vertreten durch das Eidg. Departement für Umwelt, 

Verkehr, Energie und Kommunikation (UVEK) und den in Anhang 1 aufgeführten Kehrichtverbrennungsanlagen 

vertreten durch den Verband der Betreiber Schweizerischer Abfallverwertungsanlagen (VBSA) betreffend 

Reduktion der fossilen C02-Emissionen aus der Abfallverbrennung [Agreement between the Swiss Confederation 

Represented by the Federal Department of the Environment, Transport, Energy, and Communications(DETEC) and 

the Municipal Waste Incineration Plants Listed in Annex 1 Represented by the Association of Plant Managers of 

Swiss Waste Treatment Installations (VBSA) on the Reduction of Fossil CO2 Emissions from the Incineration of 

Waste], Aug. 2014, https://www.bafu.admin.ch/dam/bafu/en/dokumente/klima/fachinfo-daten/zielvereinbarung. 

pdf.download.pdf/zielvereinbarung.pdf, archived at http://perma.cc/YL5D-LF86. For a description of the 
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g. Other Measures 

In addition, Switzerland uses money from the technology fund to guarantee loans for companies 

that are developing and marketing new products and methodologies for reducing GHG 

emissions, for the use of renewable energies, and for the economical use of natural resources; 

invests in training programs to qualify skilled workers in climate-relevant occupations; and 

provides cities and municipalities with advice and information services with respect to 

climate issues.91

3. Renewable Fuels 

In order to promote the use of biofuels like biogas, bioethanol, biodiesel, and vegetable or animal 

oils, Switzerland exempts domestic manufacturers and importers from the mineral oil tax that is 

generally levied on fuels.92 A proportional tax relief may be granted for mixtures of fossil fuels 

and biofuels. The manufacturers or importers have to apply to the Directorate General of 

Customs (DGC) for such an exemption and submit evidence to show that the fuels comply with 

the ecological and social requirements set out in the relevant legislation.93 Tax exemptions are 

generally valid for four years.94 

 

 agreements see Voluntary Industry Solution for SF6, FOEN, https://www.bafu.admin.ch/bafu/en/home/topics/ 

climate/info-specialists/climate-policy/sector-agreements/freiwillige-branchenloesung-fuer-sf6.html (last updated 

Apr. 24, 2015), archived at http://perma.cc/WQP5-ZCWF; Target Agreement DETEC Waste-Recycling Plants CH, 

FOEN, https://www.bafu.admin.ch/bafu/en/home/topics/climate/info-specialists/climate-policy/sectoragreements/target-agreement-detec-waste-recycling-plants-ch.html (last updated Apr. 24, 2015), archived at

http://perma.cc/WJ7K-DSQU. 

91 CO2 Act, art. 35; FOEN, KLIMAPROGRAMM. BILDUNG UND KOMMUNIKATION [CLIMATE PROGRAM. EDUCATION 

AND COMMUNICATION] (Jan. 2017), https://www.bafu.admin.ch/dam/bafu/de/dokumente/klima/ud-umweltdiverses/Klimaprogramm.pdf.download.pdf/BAFU_Publikation_A5_DE_def_low.pdf, archived at 

http://perma.cc/BMJ7-UWFX. 

92 Mineralölsteuergesetz [MinöStG] [Mineral Oil Tax Law], June 21, 1996, SR 641.61, art. 2, para. 3, let. d, art. 12b, 

https://www.admin.ch/opc/de/classified-compilation/19960320/201701010000/641.61.pdf, archived at 

http://perma.cc/2D3H-QVXN; Mineralölsteuerverordnung [MinöStV] [Mineral Oil Tax Ordinance], Nov. 20, 1996, 

SR 641.611, arts. 19a, 19b in conjunction with annex 2, https://www.admin.ch/opc/de/classified-compilation/1996 

0585/201701010000/641.611.pdf, archived at http://perma.cc/U4GT-RHRH; Verordnung des UVEK über den 

Nachweis der Erfüllung der ökologischen Anforderungen an biogene Treibstoffe [BTrV] [DETEC Ordinance on 

Demonstrating Compliance with the Ecological Requirements for Biofuels] [Biofuel Ordinance], June 15, 2016, 

SR 641.611.21, https://www.admin.ch/opc/de/classified-compilation/20152686/201608010000/641.611.21.pdf, 

archived at http://perma.cc/BUY2-X7RS. 

93 Mineral Oil Tax Law, arts. 12b, 12c, 12d; Mineral Oil Tax Ordinance, arts. 19b–19g. 

94 Mineral Oil Tax Ordinance, art. 19h, para. 1. 
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In order to benefit from the tax exemption, biofuels must fulfill three ecological and two social 

requirements. To meet the ecological requirements, biofuels must 

 generate at least 40% less GHG emissions from the cultivation of raw materials until their

end use compared to fossil fuels;

 be no more than 25% more harmful to the environment from the cultivation of raw materials

until their end use than fossil fuels; and

 use raw materials that are not obtained from land converted after January 1, 2008, or

represented land with high carbon stock or high biodiversity value prior to its conversion.95

To meet the social requirements, 

 the land for the cultivation of raw materials must have been legally acquired; and

 the raw materials and fuel must have been cultivated and produced under socially acceptable

conditions that respected the social regulations applicable in the producing country. The

fundamental conventions of the International Labor Organization (ILO) must be respected in

every case.96

95 Mineral Oil Tax Law, arts. 12b, let. a-c; Mineral Oil Tax Ordinance, art. 19c. 

96 Mineral Oil Tax Law, arts. 12b, let. d, e; Mineral Oil Tax Ordinance, art. 19d. 
The Law Library of Congress 135

United Kingdom

Clare Feikert-Ahalt 

Senior Foreign Law Specialist 

SUMMARY The United Kingdom has extensive and robust legislation to help provide for clean air. It 

has legislated independently, as well as implemented a number of EU Directives concerning 

clean air into its national law. The government has opted to require local authorities to 

monitor and ensure that air in these areas do not have pollutants that exceed limits set by the 

EU. It is also working to reduce the amount of pollutants in car emissions. The UK is a 

party to the EU’s Emissions Trading Scheme, which has established a cap on the amount of 

carbon emissions specified installations are permitted to produce each year, allowing them 

to either take measures to reduce the amount of emissions or purchase allowances through 

auctions to cover the emissions they produce. The government has also undertaken a number 

of other measures with the aim of reducing carbon emissions, such as restricting the amount 

of packaging used for products and tying the annual car tax rate to the amount of carbon 

emissions each vehicle produces.

I. Introduction

The UK has a wide range of environmental laws, with many that govern clean air stemming from 

the European Union (EU). The government has also issued a number of policies relating to 

climate change. 

The government considers that air pollution is a national health emergency,1 inasmuch as it 

contributes to the deaths of approximately 40,000 people in the UK each year, making it the 

“second largest cause of mortality [in the UK] after smoking.”2

 The cost of air pollution amounts 

to £20 billion (approximately US$29 billion) annually in the UK.3

 The government is currently 

investing £3.5 billion (approximately US$4.8 million) “to improve air quality and reduce harmful 

emissions.”4 Despite this investment, and extensive legislation, a government report notes that 

“[t]he current legislative framework for air quality is not doing enough to protect public and 

environmental health,”5

 and the government is currently considering how to improve the existing 

air quality legislation.6 

1

 House of Commons Environment, Food and Rural Affairs, Environmental Audit, Health and Social Care, and 

Transport Committees, Fourth Report: Improving Air Quality, 2017-18, HC 433, ¶ 11, https://publications. 

parliament.uk/pa/cm201719/cmselect/cmenvfru/433/433.pdf, archived at https://perma.cc/N4PC-FM2V. 

2 Id. ¶ 5. 

3 Id. ¶ 9. 

4

 Feb. 22, 2018, PARL. DEB., H.C. (5th Ser.) (2018) WS477, https://www.parliament.uk/business/publications/ 

written-questions-answers-statements/written-statement/Commons/2018-02-22/HCWS477/, archived at

https://perma.cc/MM7G-NR22. 

5

 House of Commons Environment, Food and Rural Affairs, Environmental Audit, Health and Social Care, and 

Transport Committees, supra note 1, ¶ 34. 

6 Id. 
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Given the comprehensive and extensive environmental legislation,7 this report will provide a high 

level overview of these laws as they apply in England 8 to achieving a target of reducing 

air pollution. 

While responsibility for implementing and enforcing environmental policy falls across many 

government departments and bodies, the Department for Environment, Food and Rural Affairs is 

the lead department that has authority for ensuring the implementation of the majority of clean air 

legislation in England. 

II. Clean Air Regulations

England has a number of laws that aim to reduce pollutants in the air, and these laws have led to a 

long-term decrease in the emissions of a several air pollutants.9

 Standards on air quality are driven 

at the EU level, notably by the Directive on Ambient Air Quality, which provides limits on the 

levels of major pollutants in outdoor air.10 The UK is also a party to a number of international 

agreements on the environment, including the Kyoto Protocol,11 the United Nations Framework 

Convention on Climate Change,12 and the Paris Agreement,13 and is actively working to meet 

targets set by these instruments. 

A. National Legislation

England’s domestic laws serve to prohibit industries from emitting some of the most serious 

pollutants in the air. Notably, the Clean Air Act 1995 provides that it is an offense, punishable 

7 UK and EU Air Quality Policy Context, DEPARTMENT FOR ENVIRONMENT FOOD & RURAL AFFAIRS, https://ukair.defra.gov.uk/air-pollution/uk-eu-policy-context (last visited May 8, 2018), archived at https://perma.cc/3DZSWZDJ. 

8

 Environmental legislation is a devolved area, meaning that the Scottish Parliament, Northern Ireland Assembly, 

and National Assembly for Wales may legislate on this issue. 

9

 Department for Environment Food & Rural Affairs, Statistical Release: 15 Feb. 2018, Emissions of Air Pollutants 

in the UK, 1970 to 2016, https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_ 

data/file/681445/Emissions_of_air_pollutants_statistical_release_FINALv4.pdf, archived at 

https://perma.cc/K67U-Q883. 

10 Air Quality – Existing Legislation, EUROPEAN COMMISSION, http://ec.europa.eu/environment/air/quality/ 

existing_leg.htm (last visited May 7, 2018), archived at https://perma.cc/ANP3-H74S. 

11 Kyoto Protocol to the United Nations Framework Convention on Climate Change (Kyoto Protocol), Dec. 11, 

1997, 2303 U.N.T.S. 162, annex B, http://unfccc.int/resource/docs/convkp/kpeng.pdf, archived at 

http://perma.cc/3HQM-LT8M. 

12 United Nations Framework Convention on Climate Change (UNFCCC), May 9, 1992, 1771 U.N.T.S. 107, 

http://unfccc.int/files/essential_background/background_publications_htmlpdf/application/pdf/conveng.pdf, 

archived at http://perma.cc/2XMZ-7GKG.

13 Paris Agreement, Dec. 12, 2015, http://unfccc.int/files/essential_background/convention/application/ 

pdf/english_paris_agreement.pdf, archived at http://perma.cc/9UKH-4U6T.
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upon conviction with an unlimited fine, for industries or trades to emit dark smoke from 

their premises.14

The Climate Change Act was enacted in 2008, setting a target for England to reduce its greenhouse 

gas emissions to levels that are 34% lower than 1990 levels by 2020, and 80% lower than 1990 

levels by 2050.15 

B. National Air Quality Standards 

Part IV of the Environmental Act 1995 requires the UK government and devolved administrations 

(Scotland, Northern Ireland, and Wales) to produce a National Air Quality Strategy.16 As part of 

this strategy, the government established Local Air Quality Management Areas, which imposed 

obligations on local authorities to monitor, assess, and, where appropriate, take action, to ensure 

the air quality in their area meets government targets.17 Three pollutants are at the core of this 

program: nitrogen dioxide (NO2), particulate matter (PM), and sulfur dioxide (SO2). 18 The 

government has established a £255 million (approximately US$345 million) Implementation Fund 

to help local authorities develop clean air plans, and an additional Clean Air Fund of £220 million 

(approximately US$300 million) was announced in 2017 to further help support the 

implementation of such plans.19 

The Local Air Quality Management Areas require local authorities to monitor air quality. If the 

local authority is not satisfied that an objective under the plan will be met, an Air Quality 

Management Area must be declared and an Action Plan must be implemented that details the 

measures that will be established to reduce pollution.20 Such measures could include “changing 

road layouts; reducing congestion; encouraging active travel and public transport use; encouraging 

Ultra Low Emission Vehicle (ULEV) uptake; and retrofitting existing vehicles.”21 

If these initial measures prove to be insufficient to bring levels of pollutants down to acceptable 

levels, local authorities may use the powers granted to them under the under the Transport Act 

 

14 Clean Air Act 1995, c. 11, § 2, http://www.legislation.gov.uk/ukpga/1993/11, archived at https://perma.cc/VT6P3BZ4. 

15 Climate Change Act 2008, c. 27, § 1, http://www.legislation.gov.uk/ukpga/2008/27/contents, archived at

https://perma.cc/MY27-P45G. 

16 Environment Act 1995, c. 25, § 80, https://www.legislation.gov.uk/ukpga/1995/25, archived at

https://perma.cc/VLQ4-YFNL. 

17 Department for Environment Food & Rural Affairs, Part IV of the Environment Act 1995 Local Air Quality 

Management Technical Guidance (TG16), Feb. 2018, ¶ 1.01, available at https://laqm.defra.gov.uk/documents/ 

LAQM-TG16-February-18-v1.pdf, archived at https://perma.cc/A5KR-YMV2. 

18 Id. ¶ 1.08. 

19 House of Commons Environment, Food and Rural Affairs, Environmental Audit, Health and Social Care, and 

Transport Committees, supra note 1, ¶ 72. 

20 Air Quality Management Areas, DEPARTMENT FOR ENVIRONMENT FOOD & RURAL AFFAIRS, https://ukair.defra.gov.uk/aqma/ (last visited Apr. 24, 2018), archived at https://perma.cc/2QBK-DNFX. 

21 House of Commons Environment, Food and Rural Affairs, Environmental Audit, Health and Social Care, and 

Transport Committees, supra note 1, ¶ 37. 
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200022 to establish Clean Air Zones. These zones would require owners of vehicles that do not 

meet a specified emissions standard to pay to enter or move around a designated area.23 The 

government has stated that Clean Air Zones are the fastest way to decrease NO2 emissions, and 

that the measures should be temporary and “lifted once legal compliance is achieved and there is 

no risk of legal limits being breached again.”24

The proposals have not gone without criticism, with some groups saying that current actions to 

reduce pollutants have largely been ineffective and that Clean Air Zones should be initiated 

immediately, while others note that introducing such zones would be “politically contentious for 

many councils, particularly if they opted for Band D Zones, which would charge private 

vehicles . . . [and] would be ‘difficult to implement locally without leadership from national 

government and a persuasive, evidence based, compelling argument’.”25 

C. Breach of EU Directive on Ambient Air Quality

The UK is currently in breach of the 2008 EU Directive on Ambient Air Quality, which required 

member states to comply with limits for certain air pollutants by 2010.26 In cases where these 

limits are exceeded, the Member State is required to implement an air quality plan to help reduce 

these pollutants, which would include measures used in an Air Quality Management Area 

(discussed above) and may also include reducing traffic volume, the type of fuels used in vehicles, 

or encouraging people to adjust their driving behavior.27 

The European Commission started an infringement case28 against the UK for failing to meet the 

obligations contained in this Directive in sixteen air-quality zones, and in February 2017, it issued 

a Reasoned Opinion, a final written warning, for the UK to comply with the obligations imposed 

by the Directive. If the UK does not meet these obligations, the European Commission has stated 

that it will refer the case to the Court of Justice of the European Union,29 which could order the 

22 Transport Act 2000, c. 38, https://www.legislation.gov.uk/ukpga/2000/38/pdfs/ukpga_20000038_en.pdf. . 

23 DEPARTMENT FOR ENVIRONMENT FOOD & RURAL AFFAIRS AND DEPARTMENT FOR TRANSPORT, CLEAN AIR ZONE

FRAMEWORK, May 2017, ¶ 126, https://assets.publishing.service.gov.uk/government/uploads/system/uploads/ 

attachment_data/file/612592/clean-air-zone-framework.pdf, archived at https://perma.cc/CG38-W4YQ. 

24 House of Commons Environment, Food and Rural Affairs, Environmental Audit, Health and Social Care, and 

Transport Committees, supra note 1, ¶ 18. 

25 Id. ¶ 52. 

26 Directive 2008/50/EC of the European Parliament and of the Council of 21 May 2008 on Ambient Air Quality and 

Cleaner Air for Europe (Ambient Air Quality Directive), 2008 O.J. (L 152) 1, https://eur-lex.europa.eu/legalcontent/EN/TXT/PDF/?uri=CELEX:32008L0050&from=EN, archived at http://perma.cc/6XF2-QWC4. This 

Directive was implemented into the national law of the UK by the Air Quality Standards Regulations 2010, SI 

2010/1001, http://www.legislation.gov.uk/uksi/2010/1001/pdfs/uksi_20101001_en.pdf, archived at

https://perma.cc/3WWZ-GUF6. 

27 Press Release, European Commission, Commission Warns Germany, France, Spain, Italy and the United 

Kingdom of Continued Air Pollution Breaches (Feb. 15, 2017), http://europa.eu/rapid/press-release_IP-17-

238_en.htm, archived at https://perma.cc/CK2C-CEBB. 

28 Id. 

29 Id. 
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UK to pay a financial penalty. The government has stated that it is not aware of the amount this 

penalty could be, or whether the penalties would be imposed before or after the UK exits the EU.30 

England’s plans to enable it to comply with the Directive have also been subject to 

domestic legal action, brought by ClientEarth, which claimed that the government’s plan 

to reduce NO2 emissions to comply with its obligations under the Directive were 

insufficient. The High Court sided with ClientEarth and ruled that the government “must 

aim to achieve compliance by the soonest date possible, that [the Secretary of State] must 

choose a route to that objective which reduces exposure as quickly as possible, and that 

[the Secretary of State] must take steps which mean meeting the value limits is not just 

possible, but likely.”31 

In 2017, the government published a new plan to tackle NO2 pollution,32 and ClientEarth brought 

further legal proceedings, claiming that the new plan “failed to adequately address the magnitude 

of the problem.”33 While the court dismissed two complaints, finding the government’s approach 

to combat NO2 pollution in areas with the worst air quality to be “sensible, rational and lawful,”34

it did rule in favor of Client Earth, opining that the measures across England were not sufficient to 

“ensure substantive compliance with the 2008 Directive and the English Regulations.”35 The 

government responded to the judgment by issuing legally binding directions to all local authorities 

instructing them to consider any further actions that could be made to accelerate compliance with 

the Directive.36 It also aims to publish a supplement to the 2017 plan in the fall of 2018 and will 

release a comprehensive Clean Air Strategy in 2018 to detail further steps that it plans to take to 

combat air pollution. 

30 House of Commons Environment, Food and Rural Affairs, Environmental Audit, Health and Social Care, and 

Transport Committees, supra note 1, ¶ 21. 

31 ClientEarth v. Secretary of State for the Environment, Food & Rural Affairs et al., [2016] EWHC 2740 (Admin), 

¶ 22, https://www.judiciary.gov.uk/wp-content/uploads/2016/11/clientearth-v-ssenviron-food-rural-affairsjudgment-021116.pdf, archived at https://perma.cc/328R-TLYV. 

32 Department for Environment Food & Rural Affairs and the Department for Transport, UK Plan for Tackling 

Roadside Nitrogen Dioxide Concentrations, July 2017, https://assets.publishing.service.gov.uk/government/ 

uploads/system/uploads/attachment_data/file/633270/air-quality-plan-detail.pdf, archived at https://perma.cc/32Y7-

V6SF. All documents relating to this paper are available at Policy Paper Air Quality Plan for Nitrogen Dioxide 

(NO2) in UK (2017), Department for Environment, Food & Rural Affairs and Department for Transport (last 

updated Mar. 23, 2018), https://www.gov.uk/government/publications/air-quality-plan-for-nitrogen-dioxide-no2-inuk-2017, archived at https://perma.cc/HQ5L-E6WH. 

33 ClientEarth v. Secretary of State for the Environment, Food & Rural Affairs et al., [2016] EWHC 2740 (Admin), 

¶ 95, https://www.judiciary.gov.uk/wp-content/uploads/2016/11/clientearth-v-ssenviron-food-rural-affairsjudgment-021116.pdf, archived at https://perma.cc/328R-TLYV. 

34 R (on the application of ClientEarth) No. 3 v. Secretary of State for Environment, Food and Rural Affairs et al., 

[2018] EWHC 315 (Admin), ¶ 101, https://www.judiciary.gov.uk/wp-content/uploads/2018/02/clientearth-no3-

final-judgmentdocx.pdf, archived at https://perma.cc/YL9S-NHPN. 

35 Id. ¶ 104. 

36 Feb. 22, 2018, PARL. DEB., H.C. (5th Ser.) (2018) WS477, https://www.parliament.uk/business/publications/ 

written-questions-answers-statements/written-statement/Commons/2018-02-22/HCWS477/, archived at

https://perma.cc/MM7G-NR22. 
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The Law Library of Congress 140

D. Reducing Industrial Emissions 

The EU’s National Emission Ceiling Directive37 sets limits on the total emissions of certain 

pollutants from land sources in Member States that are not covered under the EU’s Emissions 

Trading System (EU ETS, discussed below), which establishes a limit on greenhouse gas 

emissions by Member States. 

In early 2018, the government passed regulations to implement a further EU Directive38 that 

established limits for air pollution from medium-sized combustion plants and generators, filling 

the gap between large industries covered by the Industrial Emissions Directive that have a thermal 

input of more than 50 megawatts39 and small appliances, such as boilers and heaters with a thermal 

input of 1 megawatt or less that are covered by the Ecodesign Directive.40 The regulations require 

existing medium-combustion plants to reduce emissions by 2025 to 2030, depending upon the size 

of the plant. New medium-combustion plants must comply with the reduced emissions 

requirements starting December 20, 2018.41

III. Greenhouse Gas Tail Pipe Emission Reduction Measures 

Vehicle exhaust emissions are regulated at the EU level, meaning that before vehicles are approved 

for sale they must meet certain standards set out in EC Regulation 715/2007.42 This Regulation 

 

37 Directive 2016/2284/EU of the European Parliament and of the Council of 14 December 2016 on the Reduction of 

National Emissions of Certain Atmospheric Pollutants, Amending Directive 2003/35/EC and Repealing Directive 

2001/81/EC (National Emissions Ceilings (NEC) Directive), art. 2, 2016 O.J. (L 344) 1, http://eur-lex.europa.eu/ 

legal-content/EN/TXT/PDF/?uri=CELEX:32016L2284&from=EN, archived at http://perma.cc/6FNN-F4PP. This 

Directive was implemented into England’s national legislation by the National Emission Ceilings Regulations 2018, 

SI 2018/129, http://www.legislation.gov.uk/cy/uksi/2018/129/made?view=plain, archived at https://perma.cc/964JU962. 

38 Directive 2015/2193/EU of the European Parliament and of the Council of 25 November 2015 on the Limitation 

of Emissions of Certain Pollutants Into the Air from Medium Combustion Plants (Medium Combustion Plant (MCP) 

Directive), 2015 O.J. (L 313) 1, http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32015L2 

193&from=EN, archived at http://perma.cc/2QNQ-VZLV. This Directive was implemented into England and 

Wales’ national legislation by the Environmental Permitting (England and Wales) (Amendment) Regulations 2018, 

SI 2018/110, https://www.legislation.gov.uk/uksi/2018/110/made, archived at https://perma.cc/78XT-W8CE. 

39 Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on Industrial 

Emissions (Integrated Pollution Prevention and Control), ch. III & annex V, 2010 O.J. (L 334) 17, https://eurlex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32010L0075&from=EN, archived at

http://perma.cc/6GA5-KUXU. 

40 Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 on Establishing a 

Framework for the Setting of Eco-design Requirements for Energy-related Products (Recast), 2009 O.J. (L 285) 10, 

https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32009L0125&from=EN, archived at 

https://perma.cc/M37W-TANE. 

41 Department for Environment, Food & Rural Affairs & Thérèse Coffey MP, New Emission Controls Will Help 

Improve Air Quality (Jan. 24, 2018), https://www.gov.uk/government/news/new-emission-controls-will-helpimprove-air-quality, archived at https://perma.cc/UT59-4QUG. 

42 Regulation 715/2007/EC of June 26, 2007 on Type Approval of Motor Vehicles with Respect to Emissions from 

Light Passenger and Commercial Vehicles (Euro 5 and Euro 6) and on Access to Vehicle Repair and Maintenance 
Regulation of Air Pollution: United Kingdom 

The Law Library of Congress 141

requires new cars on sale after September 1, 2015, to meet the requirements set out in the Euro 6 

standard before they will be approved for sale in the EU. This standard requires cars fueled with 

petrol that weigh up to 2.5 metric tons laden to not exceed emissions of more than 1,000mg of 

carbon dioxide (CO2), 100mg of total hydrocarbon (THC), 68mg of non-methane hydrocarbons 

(NMHC), 60mg of NOx, and 5.0/4.5mg of PM per kilometer.43 For diesel vehicles, the standard 

requires those that weigh up to 2.5 metric tons laden to not exceed emissions of more than 500mg 

of CO2, 180mg of NOx, 230mg of THC+NOX, 5.0/4.5mg of PM, and 6.0 x 10 particles per 

kilometer.44 Electric vehicles do not produce pollutant exhaust emissions and are not subject to 

these regulations. 

In England, cars older than three years must also pass emissions tests as part of the annual 

roadworthiness test, known as the MOT.45 The level of acceptable emissions varies according to 

the year that the vehicle was first registered.46

The UK was part of a wide-scale emissions fraud by a car manufacturer, in which 1.2 million 

vehicles imported into the UK were fitted with “defeat devices” that enabled these vehicles to pass 

emissions testing, but only during the test. 47 In the wake of this incident, the government 

announced its intention to introduce legislation that, if enacted, will enable it to bring criminal 

charges and impose financial penalties against vehicle manufacturers that install such devices.48

The government has further stated that it will end the sale of conventional gas and diesel fueled 

cars by 2040,49 and included this statement as one of its priorities in its recently-issued twentyfive-year environmental plan.50

 

Information, 2007 O.J. (L 171) at 1–16, https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2007:171:TOC, 

archived at https://perma.cc/5XWC-QKPT. 

43 Exhaust Air Quality Pollutant Emissions Testing, VEHICLE CERTIFICATION AGENCY, http://www.dft.gov.uk/vca/ 

fcb/exhaust-emissions-testing.asp (last visited Apr. 11, 2018), archived at https://perma.cc/7RU5-ENMH. 

44 Id. 

45 Road Traffic Act 1988, c. 52, § 45, http://www.legislation.gov.uk/ukpga/1988/52, archived at

https://perma.cc/TQY9-DDFF. 

46 Driver & Vehicle Standards Agency, In Service Exhaust Emission Standards for Road Vehicles (19th ed. 2017), 

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/676700/inservice-exhaust-emission-standards-for-road-vehicles-19th-edition.pdf, archived at https://perma.cc/7J9Q-3BZB. 

47 Joe Watts, Carmakers That Cheat on Emissions Tests Could Be Given Unlimited Fines Under a Strict New 

Regime, TELEGRAPH (London) (Feb. 1, 2018), https://www.independent.co.uk/news/uk/politics/emissions-scandalvolkswagen-unlimited-fine-diesel-cars-uk-a8188851.html, archived at https://perma.cc/9WTW-MYLH. 

48 DEPARTMENT FOR TRANSPORT, ROAD VEHICLES IMPROVING AIR QUALITY AND SAFETY (Feb. 2018), 

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/678209/roadvehicles-improving-air-quality-and-safety.pdf, archived at https://perma.cc/WGC8-F2BN. 

49 Feb. 22, 2018, PARL. DEB., H.C. (5th Ser.) (2018) WS477, https://www.parliament.uk/business/publications/ 

written-questions-answers-statements/written-statement/Commons/2018-02-22/HCWS477/, archived at

https://perma.cc/MM7G-NR22. 

50 Policy Paper At a Glance: Summary of Targets in Our 25 Year Environment Plan, DEPARTMENT FOR 

ENVIRONMENT FOOD & RURAL AFFAIRS, https://www.gov.uk/government/publications/25-year-environment-
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The Law Library of Congress 142

IV. Pollution Control : Reducing Greenhouse Gases

A. Cap and Trade Scheme

The establishment of the EU Emissions Trading Scheme in 2005 was considered a major milestone 

to collectively tackle climate change across the EU. It is one of the EU’s key policies to help meet 

a target of reducing greenhouse gas emissions to 8% below the levels produced in 1990, as per the 

Kyoto Protocol.51 The rationale behind emissions trading is that it enables emission reductions to 

take place where the cost of the reduction is lowest, lessening the overall cost of tackling 

climate change.52 

The UK is under an obligation to meet the emissions trading standards set by the EU ETS and 

must reduce emissions to at least 15% below 1990 levels by 2020, and to at least 80% of those 

levels by 2050.53 The UK has transposed the EU Directives that regulate this scheme into its 

national law. The most current version of the regulations is the Greenhouse Gas Emissions Trading 

Scheme Regulations 2012, which came into force on January 1, 2013.54 

B. UK’s Regulatory Authority for the EU ETS

The Department for Business, Energy & Industrial Strategy is the regulator of the EU ETS in the 

UK, with the financial aspect of bidding on emissions regulated by the Financial Services 

Authority. The Environmental Agency regulates England’s opt-out scheme for small emitters and 

hospitals. The regulators ensure compliance with the EU ETS and, among other things, grants and 

maintains permits, aviation emission plans, and the monitoring and reporting of planes.55

plan/25-year-environment-plan-our-targets-at-a-glance#clean-air (last updated Feb. 1, 2018), archived at

https://perma.cc/32TC-3H68. 

51 Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2012, SI 2012/3038, Explanatory 

Memorandum, ¶ 7.1, http://www.legislation.gov.uk/uksi/2012/3038/pdfs/uksiem_20123038_en.pdf, archived at

https://perma.cc/DWY3-PLS5. 

52 Id. 

53 Climate Change Act 2008, c. 27, § 1. 

54 Greenhouse Gas Emissions Trading Scheme Regulations 2012, SI 2012/3038, http://www.legislation.gov.uk/ 

uksi/2012/3038/made, archived at https://perma.cc/6QAL-QLZW. This Regulation served to implement Directive 

2003/87/EC of the European Parliament and of the Council of 13 October 2003 Establishing a Scheme for 

Greenhouse Gas Emission Allowance Trading Within the Community and Amending Council Directive 96/61/EC, 

2003 O.J. (L 275) 32 (as amended), http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG: 

2003L0087:20090625:EN:HTML, archived at https://perma.cc/EWB3-3M9H. 

55 Participating in the EU ETS, DEPARTMENT FOR BUSINESS, ENERGY & INDUSTRIAL STRATEGY, https://www.gov. 

uk/ participating-in-the-eu-ets (last updated Apr. 27, 2018), archived at https://perma.cc/7GL6-SGSG. 
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C. Installations Covered by the EU ETS 

1. Permit Requirement 

The Greenhouse Gas Emissions Trading System Regulations 2012 provide that any operator 

conducting an activity that is covered by the EU ETS must hold a greenhouse gas emissions 

permit.56 The government describes this permit as effectively being a “license to operate and emit 

greenhouse gases covered by the EU ETS.”57 When applying for a permit, the operator must 

propose a monitoring plan that provides information on how the emissions will be measured and 

reported on an annual basis, in accordance with the European Commission’s Monitoring and 

Reporting Regulation.58 Applications for permits are made to the relevant regulator, who may 

grant the permit if the applicant is capable of monitoring and reporting emissions from the 

installation in accordance with the requirements of the regulation.59 

In accordance with the EU Directive, the UK has set out the list of participants in Phase III.60 The 

aviation industry has been included in the EU ETS61 since January 1, 2012, with the system 

covering flights that land and depart from any EU or European Economic Area Agreement 

Member State.62 Each aircraft operator is to be administered by a single Member State, as set out 

by the European Commission.63 While there are four regulators in the UK, only the Environment 

Agency for England and Wales and the Scottish Environment Protection Agency regulate 

aircraft operators.64

2. Opt-out Scheme for Small Emitters and Hospitals 

The UK has a Small Emitter and Hospital Opt-out Scheme, which allows eligible installations to 

be excluded from Phase III, which runs from 2013 to 2020.65 This is in accordance with article 27 

of the EU ETS Directive, which allows the exclusion of such emitters. The opt-out requires that 

 

56 Greenhouse Gas Emissions Trading Scheme Regulations 2012, ¶ 9. 

57 Activities covered by the EU ETS are listed in Annex I of Directive 2003/87/EC, supra note 54. 

58 DEPARTMENT FOR BUSINESS, ENERGY & INDUSTRIAL STRATEGY, supra note 55. 

59 Greenhouse Gas Emissions Trading Scheme Regulations 2012, ¶ 10(4). 

60 Department of Energy and Climate Change, The UK’s National Implementation Measures for Phase III of the EU 

Emissions Trading System as Submitted to the European Commission (Dec. 13, 2011), 

https://www.gov.uk/government/uploads/system/uploads/attachment_ data/file/48248/3846-uk-nat-imp-measuresphase3-euets.pdf, archived at https://perma.cc/3U9D-VPAM. 

61 DEPARTMENT FOR BUSINESS, ENERGY & INDUSTRIAL STRATEGY, supra note 55. 

62 Greenhouse Gas Emissions Trading Scheme Regulations 2012, ¶ 10(4). 

63 Aircraft Operators and Their Administering Member States, EUROPEAN COMMISSION, https://ec.europa.eu/ 

clima/policies/ets/monitoring/operators_en (last updated Feb. 2017), archived at https://perma.cc/SG9C-GPWV. 

64 DEPARTMENT FOR BUSINESS, ENERGY & INDUSTRIAL STRATEGY, supra note 55. 

65 DEPARTMENT OF ENERGY & CLIMATE CHANGE, THE UK’S SMALL EMITTER AND HOSPITAL OPT-OUT SCHEME

¶ 3.2 (Dec. 2015), https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_ 

data/file/481396/Annex_D_small_emitter_SI_updated_guidance_-_final_policy_clearance__3_.pdf, archived at

https://perma.cc/KYT6-2WSK. 
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such installations be subject to a domestic scheme that provides for an equivalent contribution to 

the reduction of emissions as the EU ETS.66 

A “small emitter” is an installation with reported annual emissions of less than 25,000 tons of 

carbon since 2008 and, if certain combustion activity is undertaken, a net-rated thermal input of 

below 35 megawatts between the years 2008–2010. To be eligible for the scheme, a hospital 

participant must not export more than 15% of the heat it produces to another non-hospital 

establishment or, if the installation is not operated by a hospital, it must supply at least 85% of the 

heat it produces to a hospital.67 Two hundred and forty-seven installations have been approved to 

participate in this scheme during Phase III of the EU ETS. 68 The aim of excluding these 

installations it to reduce the administrative burden, as these costs are “disproportionately higher 

per tonne [metric ton] of CO2, in comparison to the costs for large emitting installations.”69 

D. The Scheme in Practice

The EU ETS cap-and-trade system works by placing a cap (limit) on the total greenhouse gas 

emissions permitted by participants. The cap is converted into tradable emission allowances, so 

those who are likely to produce more emissions than they have been allocated may either take 

measures to reduce their emissions or purchase surplus allocations.70 This is done through either 

the secondary market or from auctions held by the EU or its individual Member States.71 

The EU ETS is occurring in phases, three of which have already been delivered or agreed to.72 

The current phase, Phase III (2013–2020) places an EU-wide cap on the number of 

available allowances. 

66 The Small Emitter and Hospital Opt-out Scheme allows eligible installations to be excluded from Phase III, which 

runs from 2013 to 2020. This is in accordance with article 27 of the EU ETS Directive, which allows the exclusion 

of such emitters. DEPARTMENT FOR BUSINESS, ENERGY & INDUSTRIAL STRATEGY, supra note 55. 

67 DEPARTMENT OF ENERGY & CLIMATE CHANGE, THE UK’S SMALL EMITTER AND HOSPITAL OPT-OUT SCHEME, 

supra note 65, ¶ 3.3. 

68 Id. See also Department for Business, Energy & Industrial Strategy, List of the UK Installations to Be Excluded 

from Phase III of EU Emissions Trading System (EU ETS) Under Article 27 of the Revised ETS Directive, 

https://www.gov.uk/government/ uploads/system/uploads/ attachment_data/file/65660/7178-list-of-the-ukinstallations-to-be-excluded-from-p.pdf (last visited May 9, 2018) (providing list of installations approved to 

participate in the small operators scheme), archived at https://perma.cc/9M4P-3VMB. 

69 This allows eligible installations to be excluded from Phase III, which runs from 2013 to 2020 in accordance with 

article 27 of the EU ETS Directive. DEPARTMENT FOR BUSINESS, ENERGY & INDUSTRIAL STRATEGY, supra note 

555. 

70 Id. 

71 Id. 

72 Phase I occurred between January 2005 and December 2007; Phase II occurred between January 2008 and 

December 2012. Phase III is currently in operation and is intended to run from January 2013 to December 2020. Id.
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E. Allocating Allowances

Under the EU ETS, one ton of carbon dioxide is equivalent to one EU allowance.73 Participants 

in the EU ETS are required to monitor and report their emissions at the end of each calendar year, 

with reports and monitoring verified by an independent verifier, in accordance with the EU’s 

Accreditation and Verification Regulation.74 The Secretary of State set the carbon price at £4.86 

(approximately US$6.59) per metric ton of carbon for 2018.75 

All sectors covered by the EU ETS, with the exception of most of the EU power sector, are 

currently provided with free allowances in order to assist the transition to lowering carbon 

emissions. Additional allowances are provided to sectors where competition from countries with 

no emission reduction schemes is high,76 and in cases where the scheme could cause “carbon 

leakage,” such as where the company may be inclined to shift production or investment overseas 

to a country with no emission reduction scheme to avoid the increased costs associated with 

complying with the EU ETS. These free allowances are determined in accordance with the 

methodology in Commission Decision 2011/278/EU. 77 The UK government has expressed 

concern that the current additional allowances will not adequately compensate these sectors in the 

future if the EU ETS is not reformed for Phase IV.78 Electricity intensive companies that are 

deemed at high risk for carbon leakage are also eligible for compensation from the UK government 

73 Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2012, Explanatory Memorandum, supra

note 51, ¶ 7.3. 

74 The UK’s National Implementation Measures for Phase III of the EU Emissions Trading System, supra note 60, 

¶ 6; DEPARTMENT FOR BUSINESS, ENERGY & INDUSTRIAL STRATEGY, supra note 555. In the UK, the verifier is 

currently the UK Accreditation Service (UKAS), http://www.ukas.com/about-accreditation, archived at

https://perma.cc/DLN6-NHH6. 

75 Determination by the Secretary of State for Business, Energy and Industrial Strategy of the EU Emissions Trading 

System (EU ETS) Carbon Price Under the Greenhouse Gas Emissions Trading Scheme Regulations 2012 (Nov. 20, 

2017), https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/ 

664472/Carbon_Penalty_Price_Determination_for_2018.pdf, archived at https://perma.cc/F3XW-KA5T. 

76 Sectors deemed at high risk from competition were assessed against criteria in the EU ETS Directive and agreed 

to through the EU comitology procedure in December 2009. The Directive provides that reviews of high-risk 

sectors may occur every five years. Commission Decision of 24 December 2009 Determining, Pursuant to Directive 

2003/87/EC of the European Parliament and of the Council, a List of Sectors and Subsectors Which Are Deemed to 

Be Exposed to a Significant Risk of Carbon Leakage, 2010 O.J. (L 1) 10–18, http://eur-lex.europa.eu/Lex 

UriServ/LexUriServ.do?uri=CELEX:32010D0002:EN:NOT, archived at https://perma.cc/3TTM-NVQ3. 

77 Commission Decision of 27 April 2011 Determining Transitional Union-wide Rules for Harmonised Free 

Allocation of Emission Allowances Pursuant to Article 10a of Directive 2003/87/EC of the European Parliament and 

of the Council, 2011 O.J. (L 130) 1, http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2011: 

130:0001:0045:EN:PDF, archived athttps://perma.cc/CJE6-PEVF . The UK’s allowances for Phase III were 

approved in December 2013. See Press Release, European Commission, Commission Gives Green Light for a First 

Set of Member States to Allocate Allowances for Calendar Year 2013 (Dec. 18, 2013), http://ec.europa.eu/clima/ 

news/articles/news_2013121801_en.htm, archived at https://perma.cc/H8S2-24CR; The UK’s National 

Implementation Measures for Phase III of the EU Emissions Trading System as Submitted to the European 

Commission, supra note 60. 

78 DEPARTMENT FOR BUSINESS, ENERGY & INDUSTRIAL STRATEGY, supra note 555. 
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to help offset the increased costs associated with compliance with the EU ETS and the carbon 

price floor.79 

F. Auctioning Allowances

The European Commission’s Auctioning Regulation governs the auctioning of European Union 

allocation allowances and establishes a common EU auction platform.80 The regulations provide 

that Member States may opt out of using the common EU auction platform and set up their own 

national platform, which the UK has done. Auctions are overseen by the Department of Energy 

and Climate Control and administered by ICE Futures Europe.81 During the Phase II auctions 

between 2008–2012, the UK auctioned 10% of allowances (more than triple the EU’s average of 

3%), held thirty auctions, and sold almost 123 EU allowances, raising £1.3 billion (approximately 

US$2.2 billion) for the Exchequer.82 

EU Regulations require certain persons wishing to bid in the EU ETS auctions across Europe to 

be regulated by the competent national authority. Bidding for emissions under the EU ETS in the 

UK by certain bodies, such as investment firms, is regulated by the Financial Services 

Authority (FSA).83

G. Penalties for Noncompliance

The penalties for noncompliance with the EU ETS are left to each Member State’s discretion, but must be 

“effective, proportionate and dissuasive.”84 In the UK, civil penalties for noncompliance are provided for 

in the Greenhouse Gas Emissions Trading System Regulations 2012.85 These regulations provide that the 

regulator may issue a penalty notice to operators stating the regulation under which the liability arises; the 

amount of civil penalty due; how the penalty is calculated; whether the operator is liable for an additional 

daily penalty; and the date the penalty must be paid.86 The current civil penalty for failing to surrender 

enough allowances is €100 (approximately US$160) per metric ton of carbon not covered by an 

79 Policy Paper, Energy-intensive Industries: Compensation for Indirect Costs of Energy and Climate Change 

Policies, DEPARTMENT FOR BUSINESS, INNOVATION & SKILLS (Dec. 12, 2012), https://www.gov.uk/government/ 

publications/energy-intensive-industries-support-for-indirect-costs-of-energy-and-climate-change-policies/energyintensive-industries-support-for-indirect-costs-of-energy-and-climate-change-policies, archived at

https://perma.cc/H64Z-AFYV. 

80 Commission Regulation (EU) No. 1031/2010, 2010 O.J. (L 302) 1, http://eur-lex.europa.eu/LexUriServ/ 

LexUriServ.do?uri=OJ:L:2010:302:0001:0041:EN:PDF, archived at https://perma.cc/A8AB-65KW. 

81 This role was initially conducted by the UK Debt Management Office. Guidance – EU ETS: Carbon Markets, 

DEPARTMENT FOR BUSINESS, ENERGY & INDUSTRIAL STRATEGY (Jan. 22, 2013), https://www.gov.uk/guidance/euets-carbon-markets, archived at http://perma.cc/3S8P-SXY6. 

82 Id. 

83 Regulating Certain Bidders in Auctions of EU Emissions Allowances, HM TREASURY (Feb. 14, 2012), 

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/81557/condoc_reg

ulating_certain_bidders_auctions_euemissions_allowances.pdf, archived at https://perma.cc/8V5K-97H7. 

84 DEPARTMENT FOR BUSINESS, ENERGY & INDUSTRIAL STRATEGY, supra note 555. 

85 Greenhouse Gas Emissions Trading Scheme Regulations 2012, ¶ 7.1. 

86 Id. ¶ 50. 
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allowance.87 The regulator does have some discretion to either decrease or increase the penalty to an 

amount that exceeds any economic benefit the operator obtains by failing to provide the appropriate 

allowances.88 In the 2012 Regulations a discretionary €20 (approximately US$32) per metric ton 

of carbon emissions penalty was introduced for installations that fail to surrender allowances “in 

cases where emissions are under-reported and the error is self-rectified.”89

H. Methods of Recourse Against Administrative Decisions 

A right of appeal against a decision from the regulatory body is available to the First Tier Tribunal 

in England and Wales, the Planning and Appeals Commission in Northern Ireland, and the 

Directorate for Planning and Environmental Appeals in Scotland determines appeals on behalf of 

the Scottish Minister.90 The appeal body has recourse to four actions under the Regulations 

and may 

(a) affirm the decision; 

(b) quash the decision or vary any of its terms; 

(c) substitute a deemed refusal with a decision of the appeal body; or 

(d) give directions to the regulator as to the exercise of the regulator’s functions under 

these Regulations.91

V. Corporate Average Fuel Economy 

As noted above, the UK’s Climate Change Act set a target to reduce greenhouse gas emissions to 

80% lower than 1990 levels by 2050.92 The government set out a plan to reduce greenhouse gases 

in 2011 in the Carbon Plan,93 and identified vehicle emissions as making up nearly 25% of UK 

emissions and reducing them as playing a “critical role in meeting the Climate Change Act (2008) 

obligations.”94 It acknowledged that the use of vehicles are important for economic growth, and 

 

87 Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2012, SI 2012/3038, Explanatory 

Memorandum, supra note 511, ¶ 7.1. 

88 Greenhouse Gas Emissions Trading Scheme Regulations 2012, ¶ 52(3). 

89 Department of Energy & Climate Change et al., Amendments to UK Greenhouse Gas Emissions Trading Scheme 

and National Emissions Inventory Regulations: A Public Consultation 4 (Dec. 2013), http://www.gov.uk/ 

government/uploads/system/uploads/attachment_data/file/267670/Summ_response_and_Gov_resp_to_consult_on_a

mend_to_ghg_and_invent_regs_new_format_FINAL.pdf, archived at https://perma.cc/7P6S-V7LW. 

90 Id.; DEPARTMENT FOR BUSINESS, ENERGY & INDUSTRIAL STRATEGY, supra note 555. 

91 Greenhouse Gas Emissions Trading Scheme Regulations 2012, ¶ 77. 

92 Climate Change Act 2008, c. 27, § 1. 

93 HM GOVERNMENT, CARBON PLAN: DELIVERING OUR LOW CARBON FUTURE, 2011, https://assets.publishing. 

service.gov.uk/government/uploads/system/uploads/attachment_data/file/47613/3702-the-carbon-plan-deliveringour-low-carbon-future.pdf, archived at https://perma.cc/E7KJ-XFXX. 

94 Cars and Carbon Dioxide, VEHICLE CERTIFICATION AGENCY, http://www.dft.gov.uk/vca/fcb/cars-and-carbondioxide.asp (last visited Apr. 11, 2018), archived at https://perma.cc/P5VW-A9XF. 
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that over the short term, improving fuel efficiency standards would provide the most significant 

greenhouse gas savings.95 

The UK must also comply with EU Regulations, which set targets for manufacturers to produce 

new vehicles registered in the EU to have an average emission of 130g CO2 per kilometer, dropping 

to 95g of CO2 per kilometer to be phased in beginning in 2020.96 As this number is based on an 

average, is does not require each vehicle to produce CO2 levels lower than the required amount, 

but rather that the average emission of new vehicles registered in the EU meet this requirement. It 

does not require older vehicles to meet this standard.97 

The UK has taken additional steps to encourage vehicle owners to purchase more fuel efficient 

vehicles through tax incentives98 and grants of up to £5,000 (approximately US$7,100) for electric 

or hybrid ultra-low emission vehicles that produce less than 75g of CO2 per kilometer.99 Tax 

incentives are provided based on the first year of tax of the vehicle, with the rate being tied to the 

level of CO2 emissions. The rates are organized in thirteen bands based on CO2 emissions and 

range from charges of £0 for vehicles that emit less than 100g of CO2 per kilometer up to £2,070 

(approximately US$3,000) for vehicles that emit over 255g of CO2 per kilometer.100 After the first 

year, there is an annual tax that varies according to whether the vehicle uses petrol, diesel, electric, 

or alternative fuel and ranges from £0 for electric vehicles to £140 (approximately US$200) for 

petrol and diesel vehicles. 

VI. Renewable Fuel Standards 

In 2008, the UK introduced the Renewable Transport Fuel Obligation Order (RTFO),101 which 

serves as “one of the Government’s main policies for reducing greenhouse gas (GHG) emissions 

from road transport in the UK.”102 At the time of the RTFO’s introduction, the UK’s road 

 

95 Id. 

96 Id. 

97 Id. 

98 Vehicle Excise and Registration Act 1994, c.22, § 1, http://www.legislation.gov.uk/ukpga/1994/22/contents, 

archived at https://perma.cc/7HP8-T8GC. 

99 Cars and Carbon Dioxide, supra note 94. 

100 Vehicle Tax Rates, GOV.UK, https://www.gov.uk/vehicle-tax-rate-tables, archived at https://perma.cc/6UCWPDLF. 

101 The RTFO was made under the Energy Act 2004, c. 20, https://www.legislation.gov.uk/ukpga/2004/20, archived 

at https://perma.cc/R7RY-3TMJ, and serves to implement Council Directive 2009/28, 2009 O.J. (L 140) 16 (EC), 

https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32009L0028&from=EN, archived at

https://perma.cc/PZ7P-MEYG. 

102 DEPARTMENT FOR TRANSPORT, RENEWABLE TRANSPORT FUEL OBLIGATION ANNUAL REPORT 2015–16, 2017, 

Cm. 9436, ¶ 1.3, https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_ 

data/file/602389/rtfo-annual-report-2015-2016-web-version.pdf, archived at https://perma.cc/9WNT-4SM3. 
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transportation accounted for approximately 25% of the UK’s greenhouse gas emissions, 

amounting to 112.5 million metric tons of carbon dioxide annually.103 

The RTFO aims to reduce the UK’s greenhouse gas emissions by imposing an obligation on 

suppliers of fuel in the UK104 to demonstrate that a specified percentage of fuel they supply 

originates from renewable sources and, as the result of a 2011 amendment to prevent 

environmental damage due to the production of biofuels, is produced from sustainable sources.105 

This percentage is increased each year and the criteria of sustainable sources may also be varied.106 

For the period April 15, 2015, to April 14, 2016 (“the reporting year”), fuel suppliers were required 

to provide biofuel that was 4.7501% of their overall fuel supply, 107 and meet the following 

sustainability criteria: 

 The biofuel meets a minimum GHG saving of 35%;

 Growing crops for biofuels does not lead to a loss of biodiversity; and

 Growing crops for biofuels does not lead to a loss of high-carbon stock land such as

forest or peatland.108

The cost of compliance with the RTFO is estimated to be £177 million (approximately US$247 

million) for the years 2019 and 2020, with the amount passed along to the consumer at the gas 

pump estimated to be 0.44 pence (p) per liter (approximately US$0.61 per liter, or approximately 

US$2.49 per US gallon). This is in addition to the excise duty charged to petrol and diesel at 57.95 

p per liter (approximately US$0.95 per liter, working out to approximately US$3.59 per gallon). 

With value added tax, a charge on almost every good sold in the country, included, taxes make up 

around 60% of the price paid for gas and diesel in England and raised £28.1 billion (approximately 

US$38 billion) in revenue in 2017/18.109 

103 Explanatory Memorandum to the Renewable Transport Fuel Obligation Order 2007, 2007 No. 3072, ¶ 7.1, 

http://www.legislation.gov.uk/uksi/2007/3072/pdfs/uksiem_20073072_en.pdf, archived at https://perma.cc/NR7JPH79. 

104 Fuel suppliers are defined in the Order as those that provide at least 450,000 liters of fuel each fiscal year, for 

both transport and non-road mobile machinery. Renewable Transport Fuel Obligation Order 2007, SI 2007/3072, 

¶ 4, http://www.legislation.gov.uk/uksi/2007/3072/made, archived at https://perma.cc/33EW-TVLX. 

105 Id. The number of certificates awarded per liter varies according to the type of fuel. 

106 The Renewable Transport Fuels and Greenhouse Gas Emissions Regulations 2018, SI 2018/374, 

http://www.legislation.gov.uk/uksi/2018/374/memorandum/contents, archived at https://perma.cc/DKU6-4KUC.

This order transposed Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the 

promotion of the use of energy from renewable sources, commonly known as the Renewable Energy Directive, into 

the national law of the United Kingdom. It requires Member States ensure that 10% of energy used for transport is 

from renewable sources by the year 2020. 

107 DEPARTMENT FOR TRANSPORT, supra note 1022, ¶ 1.6. 

108 Id. ¶ 6.9. 

109 Antony Seely, Taxation of Road Fuels, House of Commons Library Standard Note, SN824, April 2018, available 

at: http://www.parliament.uk/briefing-papers/SN00824.pdf, archived at https://perma-archives.org/warc/L9F8-

VWUR/http://researchbriefings.files.parliament.uk/documents/SN00824/SN00824.pdf. 
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To enable monitoring and enforcement of the provisions of the RTFO, the Office of the Renewable 

Fuels Agency was established,110 which issues “tradeable certificates in return for the supply of 

renewable road fuel. The certificates can be used as evidence of meeting the obligation.”111 In 

order to obtain a certificate, the supplier must demonstrate that the fuel provided meets 

sustainability requirements, and this information must be independently verified.112 The number 

of certificates awarded per liter varies according to the type of fuel. Specifically, from the 

reporting year 2015–16, 

[o]ne RTFC [Renewable Transport Fuel Certificate] is issued per litre of liquid biofuel

derived from crop based feedstocks. The number of RTFCs issued to biomethane (1.9),

biobutane (1.75) and biopropane (1.75) is greater, to reflect their higher energy content

relative to liquid biofuels. Biofuels produced from waste material and certain other sources

have an increased incentive of twice the number of RTFCs per litre. This reflects the lower

risk that these materials will cause undesirable impacts such as indirect land use change.113

If the fuel supplier does not have enough certificates to show that renewable fuels make up the 

correct percentage of its road fuel sales in the reporting year, it may still fulfill the obligation under 

the RTFO by buying a certificate from another supplier of biofuel, or paying 0.30 per liter of 

biofuel that the supplier was short from meeting the obligation imposed by the order. This amount 

is set to “protect[] consumers from excessive increases in fuel prices by setting a maximum value 

for RTFCs.”114

The RTFO was “designed and managed to ensure a high level of compliance with its 

requirements,”115 and this ease of compliance has been evidenced in the results. The Department 

for Transport has stated that “[t]he RTFO is meeting its objective of reducing GHG emissions from 

road transport.”116 The initial target was that renewable fuels would comprise 5% of UK road fuel 

sales by 2010.117 

In its first year of operation, no fuel suppliers needed to buy credits, and the total renewable fuel 

sold was 2.7%, slightly over the 2.5% target, and double the amount sold in the previous year.118 

110 Renewable Transport Fuel Obligation Order 2007, SI 2007/3072, ¶ 6, http://www.legislation.gov.uk/uksi/2007/ 

3072/made, archived at https://perma.cc/33EW-TVLX. This Order was introduced Energy Act 2004` 

111 DEPARTMENT FOR TRANSPORT, supra note 1022, ¶ 2.1. 

112 Id. ¶ 1.4. 

113 Id. ¶ 1.5. 

114 Id. ¶ 1.8. 

115 Id. ¶ 6. 

116 Id. 

117 Explanatory Memorandum to the Renewable Transport Fuel Obligation Order 2007 2007 No. 3072, 

http://www.legislation.gov.uk/uksi/2007/3072/pdfs/uksiem_20073072_en.pdf, archived at https://perma.cc/NR7JPH79. 

118 RENEWABLE FUELS AGENCY, RENEWABLE FUELS AGENCY 2008/09 ANNUAL REPORT TO PARLIAMENT ON THE 

RENEWABLE TRANSPORT FUEL OBLIGATION, 2008/9, at 4, https://assets.publishing.service.gov.uk/government/ 

uploads/system/uploads/attachment_data/file/243584/9780108508868.pdf, archived at https://perma.cc/9NGB6CY7. 
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By reporting year 2015–16, all road fuel suppliers met the 2015–16 obligations by providing 

biofuel as 4.7501% of their overall fuel supply.119 The government has announced that it intends 

to increase this obligation to 9.75% in 2020 and up to 12.4% by 2032.120 

The difference in cost between renewable fuels supplied and the fossil fuels it replaced was £451.7 

million (approximately US$630 million), with this number predicted to rise in fiscal year 2016–

17 by a further £75.3 million (approximately US$105 million) to £527 million (approximately 

US$735 million).121 The most common type of renewable fuels used are “bioethanol (50%), which 

is blended into fossil petrol and biodiesel (47%), which is blended into fossil diesel.”122 This 

program is estimated to have saved 2.67 million metric tons of CO2, which is equivalent to 

removing 1.3 million cars off the roads annually.123 While this program has helped remove some 

greenhouse gas emissions due to transportation, a 2017 report from the Department for Transport 

has stated that domestic transport continues to be the “UK’s largest emitting sector of damaging 

greenhouse gas emissions, accounting for nearly a quarter of emissions,” with transport emissions 

increasing in 2014 and 2015.124 

VII. Other Energy Efficiency Measures

There are a number of laws in place to help reduce the UK’s carbon footprint. As referenced 

above, the UK has its own Climate Change Act, with a carbon price floor applicable to UK base 

electricity generators that aims to reduce the UK’s carbon emissions faster than the EU ETS can 

alone.125 The UK has restrictions on excessive packaging of products, stemming from an EU 

directive. The Regulations require companies to reduce excessive packaging unless it is essential 

for safety, the protection of the health and hygiene of the packed products, or 

transport requirements.126 

119 DEPARTMENT FOR TRANSPORT, supra note 102, ¶ 6.14. 

120 DEPARTMENT FOR TRANSPORT, THE RENEWABLE TRANSPORT FUEL OBLIGATIONS ORDER: GOVERNMENT

RESPONSE TO THE CONSULTATION ON AMENDMENTS, 2017, Cm. 9494, ¶ 13, https://assets.publishing.service. 

gov.uk/government/uploads/system/uploads/attachment_data/file/644843/renewable-transport-fuel-obligationsorder-government-response-to-consultations-on-amendments.pdf, archived at https://perma.cc/X5KV-LDLB. 

121 DEPARTMENT FOR TRANSPORT, supra note 102, ¶¶ 3–4. 

122 Id. ¶ 4.1. 

123 Id. ¶ 6.3. 

124 DEPARTMENT FOR TRANSPORT, THE RENEWABLE TRANSPORT FUEL OBLIGATIONS ORDER, supra note 1200, ¶ 1. 

125 HM TREASURY, HM REVENUE & CUSTOMS, CARBON PRICE FLOOR CONSULTATION: THE GOVERNMENT 

RESPONSE ¶ 1.14 (Mar. 2011), http://www.gov.uk/government/uploads/system/uploads/attachment_ 

data/file/190279/ carbon_price_floor_consultation_govt_response.pdf, archived at https://perma.cc/5GH2-FLJT. 

See also HM Revenue & Customs, Carbon Price Floor, https://assets.publishing.service.gov.uk/government/ 

uploads/system/uploads/attachment_data/file/179259/carbon_price_floor.pdf.pdf (last visited May 9, 2018), 

archived at https://perma.cc/CRN9-ZPJK. 

126 Packaging (Essential Requirements) Regulations 2015, SI 2015/1640, http://www.legislation.gov.uk/ 

uksi/2015/1640/pdfs/uksi_20151640_en.pdf, archived at https://perma.cc/Y7Q7-HPFP. 
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VIII. Impact of the UK’s Exit from the EU on Environmental Laws 

As noted above, a large amount of the UK’s legislative regime regulating air quality has been 

established at the EU level and therefore reflects the “polluter pays” approach and the 

“precautionary principle” of EU law.127 Concerns have been raised as to how the government will 

legislate to ensure environmental protection after the UK leaves the EU. 128 The House of 

Commons Environment, Food and Rural Affairs, Environmental Audit, Health and Social Care, 

and Transport Committees have stated that the current legislative framework for air quality is 

insufficient to protect the public and environment and that it should update and improve it during 

the UK’s departure from the EU.129

With thirty successful cases out of thirty-four brought by the Environment Directorate-General 

against the UK for not meeting its environmental obligations, concerns have been raised that the 

UK’s approach to environmental protection and its enforcement mechanisms will not be as robust 

upon its exit.130 Lord Rooker stated before the Select Committee on the European Union that 

[t]he Government by definition opposed what it was doing; in other words, we had to be 

forced to operate environmental policies under threat of legal action. That will be removed 

following Brexit. Leaving the ECJ and the Commission leaves a gaping hole in the 

Government’s arrangements.131 

ClientEarth, who has also undertaken successful legal action against the UK over its failure to 

meet its environmental obligations, has also expressed concern over what body will replace the 

European Commission and European Court of Justice.132 

The Secretary of State for Environment, Food and Rural Affairs acknowledged that the concerns 

raised are legitimate, and that, without action, exit from the EU would leave a governance gap,133

but that the government has a responsibility to address this and create an enforcement body, and 

this will be done during the “course of the progress of the Withdrawal Bill.”134 The Secretary of 

 

127 HOUSE OF COMMONS, supra note 1, ¶ 29. 

128 House of Commons Library, Brexit and the Environment, Briefing Paper No. CBP8132, Jan. 2018, 

http://researchbriefings.files.parliament.uk/documents/CBP-8132/CBP-8132.pdf, archived at 

https://perma.cc/FVN9-RTG5. 

129 HOUSE OF COMMONS, supra note 1, ¶ 34. 

130 Id. ¶ 23. 

131 Select Committee on the European Union Energy and Environment Sub-Committee, Corrected Oral Evidence: 

Secretary of State for Environment, Food and Rural Affairs, 2017–18, at 17, http://data.parliament.uk/written 

evidence/committeeevidence.svc/evidencedocument/eu-energy-and-environment-subcommittee/secretary-ofstate/oral/73100.pdf, archived at https://perma.cc/FD3R-F5JY. 

132 Id. 

133 Department for Environment, Food & Rural Affairs & The Rt. Hon. Michael Gove, Environment Secretary Sets 

Out Plans to Enhance Environmental Standards, GOV.UK (Nov. 13, 2017), https://www.gov.uk/government/ 

speeches/environment-secretary-sets-out-plans-to-enhance-environmental-standards, archived at

https://perma.cc/4RQJ-NR9T. 

134 Select Committee on the European Union Energy and Environment Sub-Committee, supra note 1311, at 17. 
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State has proposed “establishing a body that is independent of Government . . . [and] placed on a 

statutory footing, ensuring it has clear authority. Its ambition will be to champion and uphold 

environmental standards.”135 While there were differing opinions within the government whether 

such a body, or Parliament, is the best body to enforce environmental laws and hold the 

government to account, 136 in spring 2018, the government announced that it would work to 

establish an “independent statutory body to hold Government to account for upholding 

environmental standards.”137 

135 Department for Environment, Food & Rural Affairs & The Rt. Hon. Michael Gove, supra note 1333. 

136 Select Committee on the European Union Energy and Environment Sub-Committee, supra note 1331, ¶ 25. 

137 HM GOVERNMENT, A GREEN FUTURE: OUR 25 YEAR PLAN TO IMPROVE THE ENVIRONMENT, 2018, at 7, 

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/693158/25-yearenvironment-plan.pdf, archived at https://perma.cc/C2CC-G5RZ.