COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS A Europe that protects: Clean air for all
Date: 2018-05-17
Institutions: European Commission, Secretariat-General
Subjects: EU environmental policy, air quality, atmosphere, atmospheric pollutant, environmental cooperation, environmental monitoring, environmental standard, health risk, pollution control measures, quality of the environment

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 17.5.2018 COM(2018) 330 final  COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS A Europe that protects: Clean air for all  
 
 
1. 

THE AIR QUALITY CHALLENGE 

Air quality has improved in the European Union (EU) over the last decades, thanks to joint 
efforts by the EU and the national, regional and local authorities. As a result, since 2000, the 
EU's GDP grew by 32% while emissions of the main air pollutants decreased by 10% to 70% 
depending on the pollutant1. 

However, in most Member States, the quality of life of EU citizens remains hampered, as air 
quality  standards  are  still  not  being  met.  The  situation  is  especially  severe  in  urban  areas, 
where a majority of Europeans live. 

Air pollution is a cause of both chronic and serious diseases such as asthma, cardiovascular 
problems and lung  cancer.  According to the latest data by the World Health Organisation2, 
air  pollution  levels  remain  dangerously  high  in  many  parts  of  the  world,  with  9  out  of  10 
people  breathing  air  containing  high  levels  of  pollutants.  Air  pollution  continues  to  be  the 
number  one  environmental  cause  of  early  death  in  the  EU,  with  estimates  of  more  than 
400,000  premature  deaths  per  year3.  This  all  comes  at  a  high  price  to  society  with  high 
external health-related costs4.  

Public awareness about air pollution is high and citizens expect authorities to act. In a recent 
opinion  poll  on  the  environment  in  the  EU,  air  pollution  was  cited  as  the  issue  of  most 
concern  for  citizens  after  climate  change5.  They  have  legitimate  expectations  that  effective 
action  will  be  taken  at  all  levels  to  reduce  air  pollution  and  protect  them  from  its  harmful 
effects.  

To address this, the EU has set, by means of legislation agreed by the Member States and the 
European Parliament, the goal to achieve levels of air quality that do not give rise to negative 
impacts on, and risks to, human health and the environment. To meet this objective, effective 
air  quality  policies  require  action  and  cooperation  at  global,  European,  national  and  local 
levels.  

In  line with the principle of subsidiarity, implementation largely relies on  national, regional 
and local measures tailored to specific needs and circumstances.  

This Communication sets out wide-ranging policy efforts of the EU to support and facilitate 
the necessary measures of the Member States to meet their targets, and the enforcement action 
being  taken  to  help  ensure  that  the  common  objective  of  clean  air  for  all  Europeans  is 
achieved and maintained across the EU. 

1   EEA (2017) Air Quality in Europe – 2017 Report: between 2000 and 2015 emissions decreased in the EU 

between 8% (ammonia) and 72% (for sulphur oxides). 

2   http://www.who.int/news-room/detail/02-05-2018-9-out-of-10-people-worldwide-breathe-polluted-air-but-

more-countries-are-taking-action 

3   EEA (2017). Air Quality in Europe – 2017 Report. European Environment Agency. 

4   Estimated  in  the  range  of  EUR  330-940  billion  per  year  (Impact  Assessment  underpinning  the  Clean  Air 

Programme for Europe, SWD(2013)532). 

5   Special Eurobarometer 468: Attitudes of European citizens towards the environment.  

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2. 

EU CLEAN AIR POLICY  

The  EU  has  been  working  for  decades  to  improve  air  quality  by  controlling  emissions  of 
harmful  substances  into  the  atmosphere,  improving  fuel  quality,  and  by  integrating 
environmental  protection  requirements  into  the  transport,  industrial  and  energy  sectors.  The 
aim is to reduce air pollution to levels which minimise harmful effects on human health and 
the  environment  over  the  EU  territory.  Air  pollution  travels  across  national  boundaries  so 
coordination  at  EU  level  is  important.  EU  law  leaves  the  choice  of  means  to  comply  with 
limit values agreed at EU level to the Member States. For key sources of pollution, EU-level 
standards are applied to ensure efficient internal market functioning.  

The  2013  Clean  Air  Programme  for  Europe6  reconfirmed  the  objective  to  achieve  full 
compliance  with  existing  air  quality  standards  across  the  EU  as  soon  as  possible  and  set 
objectives for 2020 and 2030. As such, EU policy efforts rest on three main pillars. 

The  first  pillar  comprises  the  ambient  air  quality  standards  set  out  in  the  Ambient  Air 
Quality  Directives7  for  ground  level  ozone,  particulate  matter,  nitrogen  oxides,  dangerous 
heavy  metals  and  a  number  of  other  pollutants8.  These  air  quality  standards  were  to  be 
attained  by  all  Member  States  across  their  territories  from  –  depending  on  the  pollutant  – 
2005 or  2010 onwards9.  If the set limit values  are exceeded, Member States  are required to 
adopt  air  quality  plans  detailing  measures  apt  to  keep  the  exceedance  period  as  short  as 
possible.  

The  second  pillar  consists  of  national  emission  reduction  targets  established  in  the 
National  Emissions  Ceiling  Directive  for  the  most  important  trans-boundary  air  pollutants: 
sulphur  oxides,  nitrogen  oxides,  ammonia,  volatile  organic  compounds  and  particulate 
matter10. The national emission reduction targets were recently revised to include new limits 
that  need  to  be  met  in  2020  and  2030,  and  an  additional  pollutant  –  fine  particulate  matter 
(PM2.5). Member States have to develop National Air Pollution Control Programmes by 2019 
with a view to complying with their emission reduction commitments. 

The third pillar comprises emissions standards for key sources of pollution, from vehicle 
and  ship  emissions  to  energy  and  industry.  These  standards  are  set  out  at  EU  level  in 
legislation  targeting  industrial  emissions11,  emissions  from  power  plants12,  vehicles13  and 
transport fuels14, as well as the energy performance of products15.   

6   COM(2013)918. 

7   Directives 2004/107/EC and 2008/50/EC. 

8   Altogether,  12  pollutants  are  covered  by  this  legislation:  sulphur  dioxide,  nitrogen  dioxide  and  nitrogen 
oxides,  particulate  matter  (PM10  and  PM2.5),  ozone,  benzene,  lead,  carbon  monoxide,  arsenic,  cadmium, 
nickel, and benzo(a)pyrene. 

9   Postponing  the  deadline  (until  2015  for  nitrogen  dioxide  and  benzene  and  until  June  2011  for  particulate 

matter) was possible under specific circumstances. 

10   Directive 2001/81/EC as replaced by Directive 2016/2284/EU. 

11   Industrial Emissions Directive 2010/75/EU. 

12   Industrial Emissions Directive 2010/75/EU and EU Medium Combustion Plant Directive 2015/2193/EU. 

13   Regulation (EC) No 443/209 setting CO2 emission standards for new passenger cars and Regulation (EC) 
No  510/2011  setting  CO2  emission  standards  for  new  light  commercial  vehicles,  Regulations  on  CO2 
emission standards for new cars and light duty vehicles. 

14   Fuel Quality Directive 97/70EC 

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Moreover,  in  the  aftermath  of  the  vehicles  emissions  scandal  in  2015,  the  package  of  Real 
Driving  Emissions  rules16  was  put  in  place  to  ensure  air  pollutant  emissions  standards  are 
properly implemented and type approval requirements are reinforced. This package includes 
tests for nitrogen oxides and particulate matter emissions as well as upcoming new in-service 
conformity  rules  to  improve  testing  of  vehicles  already  in  service.  Latest  changes  were 
adopted  on  3  May  to  further  reduce  margins  of  technical  uncertainty  in  Real  Driving 
Emissions  testing,  increase  emissions  checks  of  cars  already  in  circulation  and  introduce 
testing  by  independent  and  accredited  third  parties.  Moreover,  since  September  2017  new 
types of light-duty vehicles types have to comply with a new test procedure for type approval 
laboratory testing which is closer to real driving conditions17. 

The European Commission has also proposed new CO2 emission standards for cars and vans 
to help manufacturers to further embrace innovation and supply significantly more low- and 
zero-emission  vehicles  to  the  market18.  The  first  ever  European  Commission’s  legislative 
proposal  on  CO2  emissions  standards  for  new  heavy-duty  vehicles  presented  as  part  of  the 
third  Mobility  Package  is  also  expected  to  have  long-term  indirect  effects  on  air  quality  by 
further  improving  fuel  efficiency  and  greenhouse  gas  emissions  in  this  segment,  and  by 
providing  incentives  for  the  placing  on  the  market  of  low-  and  zero-emission  heavy-duty 
vehicles, including buses, with positive knock-on effects on air pollutant emissions. 

Furthermore,  the  EU  has  been  protecting  the  health  and  safety  of  workers  across  Europe 
through  its  legislation  establishing  minimum  requirements  for  the  quality  of  air  in  the 
workplaces19,  which  includes  the  establishment  of  occupational  exposure  limit  values  for  a 
number of dangerous chemical substances. This Commission has been particularly active with 
a  series  of  proposals  amending  the  Carcinogens  and  Mutagens  Directive  by  setting  limit 
values  aimed  at  improving  protection  for  millions  of  workers  against  occupational  cancer  – 
the first killer at workplaces20. 

3. 

EXAMPLES OF MEASURES TO REDUCE AIR POLLUTION  

Different  sets  of  measures  have  been  taken  throughout  the  years  at  EU,  Member  State  and 
local  levels  to  successfully  reduce  emissions  of  air  pollutants,  including  from  large 
combustion plants, industrial installations, and transport, including road vehicles (e.g. via fuel 
quality  improvements  and  the  successive  Euro  emission  standards).  This  shows  that  cost-
effective  solutions  exist  and  can  support  innovation  and  have  a  positive  net  impact  on  EU 

15   Ecodesign Directive 2009/125/EC. 

16   Regulation (EU) 2016/427, Regulation (EU) 2016/646, Regulation (EU) 2017/1154. 

17   The so-called Worldwide harmonised Light vehicles Test Procedure (WLTP).   

18   Proposal for a Regulation setting emission performance standards for new passenger cars and for new light 

commercial vehicles (COM(2017)676. 

19   Framework  Directive  89/391/EEC  (OJ  L  183,  29.06.89,  p.1),  supplemented  in  particular  by  Directive 
89/654/EEC  on  workplaces  (OJ  L393,  30.12.89,  p.1),  Directive  98/24/EC  on  chemical  agents  (OJ  L  131, 
05.05.1998, p.11) and Directive 2004/37/EC on carcinogens and mutagens at work (OJ L 158, 30.04.2004, 
p.50). 

20   So far, three proposals have been submitted (COM(2016) 248, COM(2017) 11 and COM (2018) 171), the 
first meanwhile adopted by the European Parliament and the Council as Directive (EU) 2017/2398,  OJ L, 
27.12.2017, p. 8. 

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competitiveness, in line with broader European Commission priorities on sustainable growth 
and job-creation21.  

3.1.  Measures to reduce emissions from the transport sector 

Based on latest available data, the transport sector is the largest contributor to nitrogen oxide 
emissions, and a significant contributor to particulate matter emissions22.  

Measures  to further  reduce  emissions can  aim  at technical improvements,  behaviour  change 
and demand  management (promoting cleaner modes of transportation via urban planning  or 
car-sharing  options),  or  at  infrastructure  investment  (e.g.  for  alternative  fuelling  or  public 
transport). 

To  support  authorities  in  taking  these  measures,  the  European  Commission  presented  two 
Mobility  packages  last  year.  In  the  first  Mobility  Package,  the  European  Commission 
proposed updating the EU rules on road pricing and extending their scope to buses, vans and 
passenger  cars23,  promoting  proportionate  distance-based  road  charging  differentiated 
according to the environmental performance of both heavy and light vehicles with a view to 
internalising  the  real  cost  of  their  use.  The  second  Mobility  Package  included  measures  for 
promoting  better  integrated  and  cleaner  public  transport,  for  shifting  long-distance  freight 
from road to rail, inland waterways, or short-sea shipping, and for accelerated shifting to low- 
and zero-emissions vehicles through the new CO2 emission standards for cars and vans and 
via public procurement24, including in particular for zero-emission city buses. The European 
Commission  also  presented  an  action  plan25,  supported  by  additional  finance,  for  the  trans-
European  deployment  of  infrastructure  for  alternative  fuels,  including  charging  points  for 
electric  vehicles.  In  addition,  in  the  context  of  the  Third  Mobility  Package,  the  European 
Commission proposed CO2 emission standards for heavy-duty vehicles, including incentives 
for  zero-  and  low-emission  vehicles.  It  also  presented  a  strategic  action  plan  to  create  a 
competitive  and  sustainable  battery  eco-system  in  Europe  with  a  major  focus  on  cell 
manufacturing.  Europe-based,  competitive  production  of  batteries  will  be  key  for  the  EU 
automotive industry to build its competitive advantage for low- and zero-emissions vehicles.  

Finally, the European Commission is preparing non-binding guidance with recommendations 
and  best  practices  that  can  support  local  administrators  in  addressing  aspects  concerning 
urban vehicle access restrictions. For example, there are different ways in which low emission 
zones  can  be  enforced,  beyond  using  manual  stickers,  such  as  through  modern  information 
technologies. The European Commission is engaging with stakeholders and with national and 
local authorities to foster consistency and information on access regulations and is supporting 
cities  in  the  provision  of  information/data  related  to  them.  In  any  event,  it  is  important  that 
any plans for access restrictions are not designed in isolation but are part of a comprehensive 
Sustainable  Urban  Mobility  Plan  and  duly  integrated  in  local  air  quality  plans  established 
under Directive 2008/50/EU.  

21   Impact Assessment underpinning the Clean Air Programme for Europe, SWD(2013)532, Annex 9). 

22   EEA (2017). Air Quality in Europe – 2017 Report. European Environment Agency. 

23   Proposal for a Directive of the European Parliament and of the Council amending Directive 1999/62/EC on 

the charging of heavy goods vehicles for the use of certain infrastructures (COM(2017)275). 

24   Proposal for a review of Directive on the promotion of clean and energy-efficient road transport vehicles - 

COM(2017)653. 
25   COM(2017)652. 

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Events  such as  the European  Mobility Week  campaign, often culminating in  a car-free day, 
can  be  a  useful  tool  to  raise  awareness  of  the  benefits  of  clean  air  through  walking  and 
cycling. 

3.2.  Measures to reduce emissions from power and heat 

Fuel combustion by power plants, industries and households for generating power and heat is 
the largest contributor to particulate matter and sulphur dioxide emissions26.  

Measures to reduce air pollutant emissions from power and heat generation often go hand in 
hand  with  efforts  to  reduce  greenhouse  gas  emissions.  They  include  an  increased  use  of 
renewable combustion-free power sources (such as solar, wind or hydropower), cogeneration 
of  heat  and  power,  distributed  energy  generation  (e.g.  mini-grids  and  rooftop  solar  power 
generation), schemes, including fiscal incentives, to replace older and less efficient boilers in 
households, district heating and cooling, or – in some cases – solid fuel bans. These measures 
are highly effective in reducing particulate matter emissions. The EU State aid rules provide a 
framework that allows Member States to facilitate investments in such measures.  

3.3.  Measures to reduce emissions from industry 

Measures  to  reduce  emissions  from  industry  –  the  second  largest  contributor  of  particulate 
matter  emissions  and  the  largest  contributor  to  volatile  organic  compounds  –  are  mainly 
achieved  through  the  implementation  of  ‘Best  Available  Techniques’  (BAT)  established 
under  the  EU  Industrial  Emissions  Directive27.  In  practice,  EU-based  large  industrial 
installations  –  including  large  combustion  power  plants  –  must  apply  the  most  effective 
techniques for preventing or reducing emissions that are technically feasible and economically 
viable within the sector.  

Such  measures  are  already  delivering 
the 
implementation of the new EU environmental standards for large combustion plants adopted 
in 2017 will further reduce sulphur dioxide and nitrogen dioxide emissions across Europe. 

important  benefits  for  air  quality  and 

3.4.  Measures to reduce emissions from the agricultural sector 

The agricultural sector is an important source of air pollutants such as ammonia, which is a 
key  precursor  to  particulate  matter,  with  significant  impacts  at  urban  level.  Measures  to 
mitigate  such  emissions  include  agronomic  measures  (aiming  at  reducing  the  need  for 
nitrogen  fertilisers),  livestock  measures  (closed  storage  of  manure,  improved  application  of 
manure and urea fertiliser, improved livestock feeding strategies so that animals produce less 
ammonia-rich  manure,  as  well  as  anaerobic  digestion  for  large  farms),  or  energy  measures 
(such as developing photovoltaic installations or reducing fuel consumption).These measures 
are  already  available  and  technically  and  economically  viable  and  should  be  applied  more 
widely.  

4. 

WORKING TOGETHER TO DELIVER CLEAN AIR FOR ALL EUROPEANS 

Air quality standards were agreed by both the Member States in the Council and the European 
Parliament, to address the legitimate concerns of citizens for their health. Common air quality 

26   EEA (2017). Air Quality in Europe – 2017 Report. European Environment Agency. 

27   Directive 2010/75/EU. 

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standards ensure that each person enjoys a minimum level of air quality anywhere in the EU, 
and create a level playing field for industry across the EU. A precondition for their efficient 
implementation  is  to  build  effective  action  at  national,  regional  and  local  level  across 
administrative  boundaries  between  public  authorities.  When  lack  of  action  leads  to  non-
compliance with EU air quality legislation, the national courts have jurisdiction to rule on the 
matter, as recently illustrated by decisions taken by courts in a number of Member States28.  

EU  financial  support  and  close  co-operation  between  Member  States'  authorities  and  the 
European  Commission  are  also  indispensable.  The  European  Commission  has  therefore 
intensified  engagement  with  Member  States  to  facilitate  their  efforts  through  various 
initiatives  and  measures.  The  European  Commission  is  ready  to  further  step  up  this  co-
operation, including on the basis of the National Energy and Climate Plans. 

4.1. 

Stepping up cooperation with Member States via Clean Air Dialogues 

The European Commission has already held several Clean Air Dialogues with Member States 
to  support  their  implementation  efforts.  It  is  also  seeking  synergies  with  Energy  Union  and 
Climate  Change  policies,  including  the  Clean  Mobility  Package,  as  well  as  with  dialogue 
initiatives, such as the Platform for Coal Regions in Transition set-up under the 'Clean Energy 
for All Europeans' framework29.  

In  addition,  the  European  Commission  is  ready  to  engage  in  further  discussions  with  the 
Member  States,  including  through  a  tour  of  capital  cities  to  carry  out  'Clean  Air  Dialogues' 
with  Member  States  that  face  significant  implementation  gaps.  The  goal  is  to  facilitate  full 
implementation of EU and national air pollution policies across all economic sectors, whilst 
raising awareness and allowing citizens to directly engage on the steps being taken to improve 
their air quality. It will ensure high-level political representation at these dialogues, and calls 
on  Member  States  to  make  use  of  these  dialogues  for  developing  an  integrated  approach  to 
addressing the air quality challenge, across levels of governance and across economic sectors. 

This  will  complement  existing  co-operation  which  is  taking  place  in  the  context  of  the 
Environmental Implementation Review and the "Peer-to-Peer tool" which were both launched 
in  2017  to  improve  implementation  of  environmental  legislation  in  the  EU.  With  the  same 
purpose,  and  in  order  to  foster  action  at  Member  States'  level  for  tackling  air  quality 
exceedances, the European Commission will make use of the newly established Compliance 
and Governance Forum30. 

4.2. 

Bringing together Member States, regions and cities 

The  EU  Urban  Agenda  and  Urban Innovative Actions  will  further  facilitate the  cooperation 
with  and  among  city  actors  across  the  EU  to  address  air  pollution  in  urban  areas,  with  an 
associated  budget  of  EUR  372  million  over  the  current  financing  period31.  This  seeks  to 

28   In  detailing  how  national  courts  should  address  legal  challenges  from  individuals  and  associations,  the 
Commission's Notice on access to justice in environmental matters (C2017)2616 final) refers to important 
case-law of the Court of Justice on EU air quality requirements (C-237/07 Janecek, C404/13 Client Earth). 

29   https://ec.europa.eu/info/news/no-region-left-behind-launch-platform-coal-regions-transition-2017-dec-

08_en. 

30   C(2018)10.- Commission Decision of 18.1.2018 setting up a group of experts on environmental compliance 

and governance. 

31   In 

the  area  of  air  quality 

the 

relevant  Air  Quality  Action  Plan  was  already  adopted: 

https://ec.europa.eu/futurium/en/air-quality. 

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support  concrete  measures  to  address  urban  challenges  ranging  from  fighting  pollution,  to 
mobility and sustainable urban development.  

The Clean Air Forum launched by the European Commission in November 2017 in Paris, as 
well as the 2018 Green Week32 devoted to urban challenges, provide a basis for exchanges of 
good practices across all public and private actors whilst enhancing the capacity of relevant 
stakeholders to improve air quality. This will also strengthen the cohesiveness of action across 
all governance levels. 

To facilitate investment in sustainable projects in European cities – including those supporting 
the clean air agenda  – the European Commission and the European Investment Bank put in 
place  URBIS,  a  new  dedicated  advisory  initiative  for  urban  authorities33.  URBIS  has  been 
established to improve cities' access to technical and financial advice needed to develop urban 
investment projects, programmes and innovative financing/investment platforms. It is already 
clear that there is significant demand from the urban authorities for this type of service. 

Synergies  could  also  be  looked  for  with  the  Global  Covenant  of  Mayors,  successfully 
contributing  to  reducing  greenhouse  gas  emissions  and  promoting  a  low-carbon  economy 
transition and resilience at urban level.  

4.3.  Making available EU funding to support measures to improve air quality 

EU funding under various financial streams has been made available and successfully used by 
Member  States  to  address  the  air  quality  challenge,  by  either  directly  supporting  air  quality 
projects,  or  effectively  mainstreaming  air  quality  objectives  in  other  investments  (e.g. 
infrastructure,  agriculture  and  rural  and  regional  development).  The  European  Commission 
will  step  up  its  work  with  Member  States  to  help  them  make  optimal  use  of  the  remaining 
funds available under this programming period.  

In the current programming period 2014-2020, Member States have allocated EUR 1.8 billion 
to  support  air  quality  measures  under  the  European  Structural  and  Investment  Funds.  In 
addition, further indirect contributions potentially beneficial to clean air are expected to come 
from  the  2014-2020  European  Structural  and  Investment  Funds'  investments  in  the  low-
carbon economy (EUR 45 billion), environmental protection and resource efficiency (totalling 
EUR  63  billion)  and  network  infrastructure  (totalling  EUR  58  billion),  notably  supporting 
vulnerable regions and citizens.  

As of now, a third of all the investments under the European Fund for Strategic Investments 
(around  EUR  80  billion)  went  into  energy,  transport  and  environment.  All  this  has  indirect 
positive  effect  on  air  quality.  In  addition,  the  EU's  research  and  development  programme 
Horizon  2020  indirectly  benefits  emission  reductions  and  air  quality.  Funding  includes 
research components for cleaner transport solutions. 

The  European  Commission  recently  proposed  to  invest  EUR  1  billion  in  39  clean  transport 
projects to upgrade Europe's rail network, further develop alternative fuels infrastructure and 
pave the way for zero emission water transport. The Commission’s contribution will unlock a 
total  of  EUR  4.5  billion  of  public  and  private  co-financing  under  the  Connecting  Europe 
Facility. In the context of the recently closed Blending call for alternative fuels infrastructure 
and  cleaner  mobility,  69  project  proposals  have  been  submitted  requesting  three  times  the 

32   https://www.eugreenweek.eu/. 

33   http://eiah.eib.org/about/initiative-urbis.htm. 

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available  grant  amount  of  EUR  350  million,  for  a  total  investment  value  of  EUR  4.2  bn. 
Results are expected by October 2018. These investments will help promote cleaner transport 
in Europe, and thus further reduce emissions. 

The LIFE programme has also been instrumental in delivering clean air benefits. For example, 
the  LIFE  Integrated  Project  ‘Małopolska  in  a  healthy  atmosphere’  –  which  had  an  initial 
budget of around EUR 16 million and leveraged more than EUR 800 million – facilitated the 
implementation  of  the  Małopolska  region's  air  quality  plan  and  improved  quality  of  life  for 
some  20  million  citizens,  in  Malopolska  and  in  Silesia  in  Poland  but  also  in  other  Member 
States such as Slovakia and the Czech Republic. Integrated air quality projects under the LIFE 
programme will be particularly encouraged in upcoming calls. 

The  Multiannual  Financial  Framework  for  2021-2027,  as  proposed  by  the  European 
Commission34, will continue to support measures to improve air quality, including through the 
target  of  25%  of  EU  expenditure  contributing  to  climate  objectives,  a  strengthening  of  the 
LIFE  programme,  which  will  also  support  measures  promoting  clean  energy,  energy 
efficiency and a reformed Common Agricultural Policy. 

4.4. 

State aids to facilitate domestic investments in low and zero emission mobility 

To  facilitate  domestic  funding  schemes,  the  EU  State  aid  rules  provide  a  framework  that 
allows  Member  States  to  facilitate  investments  in  low  and  zero  emission  mobility,  for  the 
benefit of clean air and fighting climate change, while promoting the competitiveness of our 
industry. Member States (at national, regional or local level) can make use of these rules to 
effectively  tackle  emissions,  for  example  from  road  transport.  The  state  aid  scheme  in 
Germany approved in February 2018 gives just one among many examples of how EU rules 
help Member States facilitate investments in the purchase of electric and plug-in-hybrid buses 
and the associated recharging infrastructure to limit air pollution35. 

4.5. 

Continued enforcement action  

The  European  Commission  has  worked  intensively  with  national  authorities  throughout  the 
past  years,  even  before  limit  values  entered  into  force,  to  steer  progressive  changes  and  to 
help them deliver compliance with air quality legislation. This has led to improvements, but 
some  core  problems  remain.  The  European  Commission  is  particularly  concerned  that 
persistent exceedances of limit values continue for two key pollutants with significant health 
impacts  –  nitrogen  dioxide,  which  is  mostly  a  result  of  road  traffic36  and  industry,  and 
particulate  matter,  which  is  mainly  present  in  emissions  from  industry,  traffic,  domestic 
heating  and  agriculture.  The  European  Commission  is  committed  to  continue  working  in 
partnership with the Member States to achieve the agreed air quality standards alongside the 
use of its legal powers to enforce the relevant EU legislation. 

34   COM(2018)321 

35   http://europa.eu/rapid/press-release_IP-18-1222_en.htm 

36   Road  traffic  is  responsible  for  around  40%  of  nitrogen  oxides  emissions  in  the  EU.  Of  the  total  emitted 

nitrogen oxides from traffic, around 80% comes from diesel powered vehicles. 

8 

 
                                                 
Excessive air pollution due to particulate matter and to nitrogen dioxide 

State of play 

For  particulate  matter,  compliance  with  EU  limit  values  was  due  as  of  1  January  2005.  
Concentrations of particulate matter continue to exceed these values in large parts of Europe – 
with exceedances reported37 in 19 out of 28 Member States. Based on the latest available data, 
19% of the urban population in the EU has been exposed to particulate matter levels above the 
EU  daily  limit  value  and  about  half  was  exposed  to  concentrations  exceeding  the  stricter 
recommendations by the World Health Organisation38. 

The  European  Commission  has  been  pursuing  infringement  procedures  for  persistent 
excessive particulate matter (PM10) levels against 16 Member States (Belgium, Bulgaria, the 
Czech  Republic,  Germany,  Greece,  Spain,  France,  Hungary,  Italy,  Latvia,  Portugal,  Poland, 
Romania, Sweden, Slovakia and Slovenia).  

In 201739 and 201840, respectively, the Court of Justice of the EU has already handed down 
judgments  on  two  of  the  most  severe  particulate  matter  exceedances  in  Europe,  namely  in 
Bulgaria  and  Poland.  These  judgments  confirm  the  European  Commission’s  view  that 
persistent  exceedances  require  more  effective  measures  to  be  taken  by  the  Member  States 
concerned to limit the exceedances to the shortest possible period41. 

In addition, an infringement procedure related to the exceedances of the sulphur dioxide limit 
value  was  launched  against  Bulgaria.  As  pollution  by  sulphur  dioxide  is  mainly  caused  by 
industry, progress made on reducing particulate matter would have positive effects for sulphur 
dioxide as well.  

For nitrogen dioxide, compliance with EU limit values was due as of 1 January 2010.  The 
annual  limit  value  continues  to  be  widely  exceeded  across  Europe  –  with  exceedances 
reported42 in a total of 22 out of 28 Member States. Based on the latest available data, 9% of 
the urban population in the EU has been exposed to nitrogen dioxide levels above the annual 
limit value43.   

To date, infringement procedures for persistent exceedances of nitrogen dioxide levels have 
been  launched  against  13  Member  States  (Austria,  Belgium,  the  Czech  Republic,  Germany, 
Denmark,  France,  Spain,  Hungary,  Italy,  Luxembourg,  Poland,  Portugal,  and  the  United 
Kingdom).  

Further action 

On  30  January  2018,  the  European  Commission  invited  nine  Member  States  (the  Czech 
Republic,  Germany,  France,  Spain,  Hungary,  Italy,  Romania,  Slovakia  and  the  United 
Kingdom)  concerned  by  pending  infringement  procedures  regarding  excessive  air  pollution 

37   Through at least one monitoring station.  

38   EEA (2017). Air Quality in Europe – 2017 Report. European Environment Agency. 

39   Judgment of the Court of Justice of 5 April 2017 in C-488/15, Commission v Bulgaria. 

40   Judgment of the Court of Justice of 22 February 2018 in C-336/16, Commission v Poland. 

41   http://curia.europa.eu/juris/liste.jsf?num=C-488/15 and http://curia.europa.eu/juris/liste.jsf?num=C-336/16 

42   Through at least one monitoring station. 

43   EEA (2017). Air Quality in Europe – 2017 Report. European Environment Agency. 

9 

 
                                                 
due to particulate matter or nitrogen dioxide and for which the next procedural step would be 
a referral to the Court of Justice of the EU to an air quality summit in Brussels.  

The  purpose  of  this  meeting  was  to  call  upon  the  Member  States  concerned  to  present 
additional  binding  commitments  for  timely,  effective  and  credible  measures  to  address  the 
sources  of  the  current  exceedances and  bring  forward  compliance  as  soon  as  possible  in  all 
agglomerations.  

Having assessed the additional information provided by these Member States following this 
meeting, the European Commission concludes that the measures adopted or planned by six of 
these Member States44 would not keep exceedance periods as short as possible, as required by 
the case-law of the Court of Justice of the EU. Consequently, the Commission has decided to 
refer these Member States to the Court of Justice of the EU45. 

In  addition  to  the  above,  ensuring  proper  monitoring  of  air  quality  throughout  the  whole 
territory of Member States is essential. This includes, for instance, placing sampling points in 
areas where the highest pollutant concentrations occur to which the population is likely to be 
exposed for a significant period in relation to the relevant limit value(s). In that respect, where 
there was evidence that the monitoring and reporting is not done properly and measures to put 
in place adequate systems have not been taken, such as in Romania, Slovakia, Belgium and 
Luxembourg, the Commission addressed this in infringement procedures. Should appropriate 
measures not be taken by the Member States concerned, the Commission will proceed to the 
next step in these infringement procedures. 

Ensuring full compliance with vehicle pollutant emission standards 

Member State compliance with existing rules 

In the aftermath of the diesel vehicles emissions scandal in 2015, the European Commission 
asked Member States to take action and, in particular, enforce EU legislation.  EU action was 
taken  in  light  of  in  particular  a)  the  insufficient  rate  of  recalls  of  cars  equipped  with  defeat 
devices  prohibited  by  EU  legislation;  and  b)  the  lack  of  administrative  fines  –  namely 
penalties – towards car manufacturers as a result of the breach of EU law following cheated 
emissions tests.  

In  this  respect,  the  European  Commission  asked  EU  Member  States  to  conduct  mandatory 
and/or  voluntary  recalls  across  the  EU.  The  European  Commission  further  asked  Member 
States  to  investigate  the  option  of  additional  hardware  fixes  on  top  of  software  updates  in 
order to make sure that emissions of the concerned cars are fully in line with EU legislation.  

The  European  Commission  is  also  taking  decisive  action  against  EU  Member  States  on  the 
grounds of failing to fulfil the obligations under EU vehicle type approval legislation. Three 
types  of  concerns  have  been  addressed  regarding,  on  the  one  hand,  the  penalties  for  use  of 
illegal  defeat  devices  and,  on  the  other  hand,  the  corrective  measures  to  be  taken  by  the 
Member  States.  A  number  of  infringement  procedures  are  still  on-going46.  One  set  of 

44   France, Germany, and the United Kingdom – for NO2, as well as Italy, Hungary and Romania – for PM10, 

45   See press release http://europa.eu/rapid/press-release_IP-18-3450_en.htm. 

46   Procedures launched in December 2016 against Czech Republic, Germany, Greece, Lithuania, Luxembourg, 
Spain  and  the  United  Kingdom.  http://europa.eu/rapid/press-release_IP-16-4214_en.htm.  The  case  against 
Lithuania was closed in July 2017. With respect to five Member States, these procedures were followed-up 
in  July  2017  in  the  form  of  a  complementary  letter  of  formal  notice  (http://europa.eu/rapid/press-
release_MEMO-17-1935_EN.htm). 

10 

 
                                                 
infringements procedures concerns the absence of penalty systems in the respective national 
legislations. The second set concerns the Member States that issued type approvals for a car 
manufacturer  in  the  EU  and  is  based  on  the  suspected  non-application  of  their  national 
provisions on penalties despite the company's use of illegal defeat device software. The third 
enforcement  procedure  against  one  Member  State  concerns  the  emission  control  strategies 
employed by a car manufacturer, including the absence of imposed penalties47. 

The European Commission, jointly with the Member States, is addressing the phenomenon of 
second-hand trade of vehicles subject to recall actions. 

Further action 

With respect to the pending infringement procedures mentioned above, and in the context of 
the on-going dialogue with the Member States concerned, the European Commission has now 
decided to send two sets of complementary letters of formal notice. A set, addressed to three 
Member  States48,  seeks  additional  clarifications  on  the  reasons  for  the  absence  of  final 
decisions on penalties in light of one car manufacturing group’s use of illegal defeat device 
software.  A  complementary  letter  of  formal  notice  is  sent49  to  one  Member  State  to  seek 
clarifications on the recent steps taken by that Member State regarding the emission control 
strategies  employed  in  certain  vehicles  of  one  car  manufacturer  including  the  absence  of  a 
final decision on penalties. The information to be submitted by the Member States in response 
to these complementary letters of formal notice will be assessed by the European Commission 
in view of the next steps, as appropriate. 

New rules to strengthen market surveillance  

Looking forward, the EU agreed new rules to raise the quality and independence of vehicle 
type-approval  and  testing,  increase  checks  of  cars  that  are  already  on  the  EU  market,  and 
strengthen the overall system with European oversight. The rules will become mandatory in 
September 2020 and will ensure that vehicles on the EU market, including those with diesel 
engines,  comply  with  the  Euro  vehicle  emission  standards  (Euro  5/6)50.  The  new  rules  will 
allow  the  European  Commission  to  take  direct  enforcement  actions  against  manufacturers 
who  do  not  respect  EU  legislation,  including  on  emissions,  if  Member  States  fail  to  act.  In 
particular,  the  European  Commission  would  be  able  to  initiate  EU-wide  recalls  and  impose 
penalties  on  manufacturers  or  technical  service  providers  of  up  to  EUR  30,000  per  non-
compliant  car.  Member  States  would  also  be  obliged  to  perform  mandatory  (pollutant 
emission) checks of cars that are already on the EU market. 

47   In May 2017, the Commission initiated infringement procedures against Italy (http://europa.eu/rapid/press-

release_IP-17-1288_en.htm).  

48   Second  complementary  letters  of  formal  notice  addressed  to  Germany,  Luxembourg  and  the  United 
Kingdom.  See  press  release  http://europa.eu/rapid/press-release_IP-18-3450_en.htm.  In  view  of  the 
developments  which  have  taken  place  in  the  Czech  Republic,  Greece  and  Spain  which  aim  to  address 
Commission's  concerns,  the  three  procedures  do  not  require  taking  next  steps  within  the  infringement 
process at this stage.  

49   Complementary letter of formal notice to Italy, see press release http://europa.eu/rapid/press-release_IP-18-

3450_en.htm. 

50    http://europa.eu/rapid/press-release_IP-17-5131_en.htm  

11 

 
                                                 
5. 

THE WAY FORWARD  

There is an urgent need to improve air quality in Europe through the full implementation of 
the air quality standards agreed by the Member States and the European Parliament more than 
a  decade  ago.  This  requires  action  at  all  levels  (national,  regional,  local)  and  the  European 
Commission is supporting such action by means of all the tools at its disposal.  

Improving  air  quality  remains  a  challenge  for  Europe  also  in  the  long-term.  This  requires  a 
comprehensive  approach  across  different  sectors,  from  transport,  energy,  to  local  planning, 
bringing  together  all  the  different  actors  concerned.  For  its  part  the  European  Commission 
will continue to support Member States such as via the Clean Air Dialogues.  

Poor air quality reduces quality of life and is of great cost to the economy. There is no time to 
waste. Cost-effective solutions to improve air quality exist and are widely available. There is 
a need to act now to scale them up and implement them without delay across the EU to the 
benefit of the half a billion European citizens.  

12