processes, policies and air quality plans, to enforcement and (to a lesser .... The transposition of EU Directive on Air Quality into national and regional law is.
Transposition of EU Air Quality Directive in national and regional laws in Germany, Belgium and the Netherlands: comparison and review of competences for cross-border project on particulate matter in Euregion MeuseRhine. Author: Marcel Severijnen1
Abstract Competences of authorities are important in air quality control. In a cross-border project on particulate matter in the Euregion Meuse-Rhine (PMLab), competences of concerned authorities in the three countries were studied in an advice process. Though speed of implementation differed, transposition of the EU air quality directive 2008/50/EC was completed by national and regional governments within reasonable time. Formal competences in air quality lie substantially at the local level, but are strongly mixed and influenced by regional or provincial, and the national level. Priority given to the issue of air quality differs within the Euregion and determines the degree of implementation of the directive and the uptake by lower levels of government. Keywords: Air quality, competent authorities, Euregion Introduction Fine particulate matter in the air has detrimental effects on human health. Preliminary death is associated to short term exposure, about 3000 per year for the Netherlands. Long term exposure has been associated with cardiovascular-related mortality and morbidity, even recently with diabetes 2. That’s why levels of particulate matter in air are limited by law and monitored in air quality networks. Air pollution is not hindered by country borders. Sources abroad can contribute for a great part to ambient levels, so it’s important to improve the knowledge about sources and policies across the borders. In 2009 a three years during cross-border project2 in the Euregion Meuse-Rhine on fine particulate matter (PM) started to study the diverging approaches to measure and interpret PM data, and measures taken to reduce PM exposure. The study set up fits in a policy oriented cycle: Different measured and handled PM values across the borders contribute to inequalities in the level playing field for economic activities.
1
Former head of Bureau Onderzoek & Advies, Province of Limburg-NL (environmental research), Technical Coordination PMLab project 2 Project PMLab, participants: Institut Scientifique de Service Public (ISSeP) at Liége, Province of Limburg (NL), Centre Environmental Science - University Hasselt, Geografisches Institut, RWTH - University Aachen, coordination by Centre for Sustainable Environment - University Zuyd Heerlen. Funded by European Fund for Regional Development, national ministries and participants. Website: www.pmlab.eu
Exceedances of PM limit values threaten the public health. These societal problems call for more uniform approaches.
Project coordination CSE Financial/admin.
General/technical
PL
CSE
Monitoring
Mapping
Analysis/
Local authorities
ISSeP/PL
RWTH
health effects
RWTH/CSE
CMK-UH
Differences in methods of measurement were triggers to set up a calibration campaign at measuring stations from the regional and national air quality networks in the Euregion Meuse-Rhine (Monitoring in the scheme). Results of these calibrations are combined with PM103 derived emissions from land use and from EPRTR4 databases and modelled to obtain real-time pictures of the PM10-load and to communicate the results to authorities and the wider public by means of a web platform . In the overview of the project structure this action belongs to Mapping. Inventory air quality competences – central question A final step within this mapping action, is to inform the authorities and other concerned parties on the possibilities of emission and/or exposure reduction, as to try to close the policy cycle by creating a more level playing field for economic activities and to enhance public health. For this advisory step an inventory of the competent authorities in each country was needed. Indeed, it is important to know which authority to address with advices in order to obtain maximum effectiveness. The sources of PM can be found in industry, traffic, housewarming and natural sources. The competences of control of air pollution from these sources are divided over different levels of government, so it’s necessary to assess these competences. 3 4
PM10: fraction of fine particulate matter, with diameter of 10 micrometer EPRTR: European Pollution Release and Transfer Register, environmental data of industrial facilities: http://prtr.ec.europa.eu/
This was done by studying the way the European Directive on air quality was transposed into national and regional law, with specific attention to permitting processes, policies and air quality plans, to enforcement and (to a lesser extent) to measurement competences. Information for this desk study was gathered from literature and internet sources.
The inventory of PM emissions clears the question on who is responsible for the industrial emissions. Public awareness of the issue will be stimulated by the created web platform. For more information, also on the other project actions, see the website of the project or a more general article on the project5.
Study area, language and culture The Euregion Meuse-Rhine (EMR) is a cooperation between parts of Belgium, the Netherlands and Germany. The EMR comprises:
The western part of the Region of Cologne (Regierungsbezirk) including the city of Aachen, the District (Kreis) of Aachen, the District of Düren, the District of Euskirchen and the District of Heinsberg, collectively referred to as the Region of Aachen.
The Belgian Province of Liège.
The Belgian Province of Limburg.
The German-speaking Community of Belgium; the seat of the Euregion is located in its capital Eupen.
The southern part of the Dutch Province of Limburg, with the northern point of the Meuse–Rhine Euregion being the city of Roermond. The Meuse–Rhine Euregion includes the provincial capital city of Maastricht as well as the cooperative region Parkstad Limburg surrounding the city of Heerlen.
The Euregion Meuse-Rhine is characterized by densely populated agglomerated, urban areas with different industries, mixed with rural areas, among the latest parts of the hills of the Ardennes and Eifel (350-400m). The Euregion is called a “laboratory of
5
http://pmlab.eu or Marcel Severijnen, Het PMLab project: fijn stof over de grens, Tijdschrift Lucht, 9, february 2013, 26-29
European integration”, due to the three languages Dutch, French and German used in the area. So, in the project three languages have met, Dutch, French and German. Not only three languages, but people from at least three different cultures were brought together to work on a very specific subject. It’s then important that all participants speak a common language. It’s one of the challenges of a cross-border cooperation that needs some time to accommodate6
Finding a common language is more than using English to understand each other. Some understanding of each other’s language proved to be fruitfully by times, but for simplicity reasons it was decided to turn to the accepted lingua franca in this science niche. Still it’s important that participants try to understand a bit of the other tongues and get acquainted with the culture of the others. The issue of language and culture also occurs in particular in the transposition of the European Directives, and this effect is even further coloured by the different political cultures, existing legal frameworks and indirectly by the priority that air quality receives in the three countries and regions.
Transposition of EU Directives EU-member states are obliged to transpose European directives in national law. As secondary laws they are binding only as to the result to be achieved. Choice of form and methods are left to the national authorities7, as long as the targets will be reached. A European directive is in principle addressed to the national government. Through the national governments European directives end up with local or regional authorities. Normally member states must transpose European directives within a certain time period. A formal condition for funding of the PMLab project from the German co-financing partner, included an update to a 2006 document8 on the way European directives were transposed in German and Dutch laws, and how the control of air quality was organized. This article elaborates the update further in detail.
6
Another view on cultural differences in the Meuse-Rhine Euregion: http://www.uhasselt.be/UH/Tijdschriften/ToonPersmededeling.html?i=550 7 third paragraph of Article 288, Treaty on the functioning of the EU: http://eurlex.europa.eu/JOHtml.do?uri=OJ%3AC%3A2010%3A083%3ASOM%3AEN%3AHTML 8 Pläne und Programme nach den EU-Luftqualitätsrichtlinien - Ein deutsch-niederländischer Erfahrungsbericht http://www.umwelt.nrw.de/ministerium/pdf/erfahrungsbericht_d.pdf
Such an insight in the transposition – with focus on the role of the competencies of authorities - was necessary for the project purposes, as an advice activity was included at the end of the project in connection to air quality plans. Next to a GermanDutch comparison the same issue for Belgium had to be dealt with, and this part proved to be the hardest to reveal. The transposition of EU Directive on Air Quality into national and regional law is presented in the following parts: 1. Legal basis in the three countries 2. Competences in permitting and enforcement 3. Air quality measurements 4. Air quality policy 5. Air quality plans and its effectiveness
1.
Legal Basis
Articles 174 and 1759 of the European Treaty on environmental issues are the legal basis (primary law) for the directives (secondary law). There are about 400 European environmental directives. Many of the directives are independent from each other’s, but luckily in air quality there is more coherence. The most recent and important within the frame of the project is Directive 2008/50/EC. Some of the older directives for air quality comprise10 :
9
Air Quality Framework Directive 96/62/EC and four daughter Directives:
1999/30/EC (limit values for gases, particulate matter and lead),
2000/69/EC (benzene, carbon monoxide),
2002/3/EC (ozone),
2004/107/EC (arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons - PAH), and
Decision 97/101/EC (revised by 2001/752/EC, exchange of information), and
Consolidated versions of the treaty on European Union and of the treaty establishing the European Community: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:2006:321E:0001:0331:EN:PDF 10 2008/50/EC of the European Parliament and of the Council of 21 May 2008 on ambient air quality and cleaner air for Europe (CAFE). An overview: http://ec.europa.eu/environment/air/legis.htm
Decisions on annual reporting, plans and programmes for air quality zones, directives on Integrated Pollution Prevention and Control (IPPC-BAT11), emissions of Large Combustion Plants, and Waste Incineration Plants, on National Emission Ceilings, the Industrial Emission Directive 2010/75/EU, which replaces the IPPC and several sectoral directives as of January 2013............about 25 in total.
For the project the ambient air quality directive 2008/50/EC is most important. It replaces nearly all the previous EU air quality legislation on ambient air12, but provides greater clarity on where to assess air quality, so that the focus can be directed to areas of potential public exposure. Limit values for ambient air from older directives are kept, as for PM10. It contains new quality objectives for PM2.513, among them limit values, the possibility of discounting natural contributions when assessing compliance to limit values like sea salt in the Netherlands, and it offers the possibility of time extension for complying with limit values, a feature that was very much appreciated by most of the member states (derogation): 22 member states applied for it, most of them for PM10 exceedances. Most important instrument within the air quality directive is the air quality plan. Whenever target or limit values of ambient air are exceeded, such plans should be prepared by the competent authority. For the project’s purposes it is important to assess the existence and extent of air quality plans, and how competences of authorities are divided in the plans. The European Commission has declared 2013 as the “Year of Air” and part of it is a review of current European policy on air quality. Three fields are viewed: the Thematic Strategy, National Emission Ceilings and the Air Quality Framework Directive.14 Within this review important information is gathered on the health effects of exposure to particulate matter by World Health Organisation Regional Office for Europe. So, it’s probable that some directives like the 2008/50/EC will be revised in due time. The legal basis for air quality management in the three countries is found in the older domestic air quality laws, to which the conversion of the European directives added current regulations in the course of time. The transposition process is different in each member state. Delays in transposition are caused by combinations of several constitutional, legal, political and operational factors whose effect cannot be judged independently. Rather, these effects can only
11 12
BAT: Best Available Techniques to abate air pollution from industrial sources Framework Directive 96/62/EC, 1-3 daughter Directives 1999/30/EC, 2000/69/EC, 2002/3/EC, and Decision on Exchange of Information 97/101/EC 13 PM 2.5: fraction of fine particulate matter, with diameter of 2.5 micrometer 14 http://ec.europa.eu/environment/air/review_air_policy.htm
be considered interrelated elements of the national system15. The 2008/50/EC directive of May 20, 2008 came into force on June 11, 2008 and had to be transposed within two years. Here are the adapted laws as legal basis:
Country/region
Legal basis
Germany
8. Gesetz zur Änderung des BundesImmissionsschutz-gesetzes 39. Verordnung zur Durchführung des Bundes-Immissions-schutzgesetzes (Verordnung über Luftqualitätsstandards und Emissionshöchstmengen)
Netherlands
Belgium
Wet milieubeheer (hoofdstuk 5, titel 5.2 Wm)
Transposition
201016 200917
Law of 28 December 1964 on the control of air pollution State reform 1980
Flanders
Decreet van 28 juni 1985 betreffende de Milieuvergunning
2011
Vlarem I and Vlarem II Wallonia
Arrêté du Gouvernement wallon relatif à l'évaluation et la gestion de la qualité de l'air ambiant
2010
For Belgium a distinction in time and in regions has to be made. A series of by now six state reforms since 1970 has split the country in three regions, Flanders, Wallonia and Brussels and in four (language) communities including the German community along the eastern border. The latest reform was in 2011, in which the electoral 15
In: Voermans W., Steunenberg B. The transposition of EC directives: A Comparative Study of Instruments, Techniques and Processes in Six Member States, 11, Leiden University, Leiden/ Research and Documentation Centre (WODC) of the Ministry of Justice, The Hague, 2006 16 A slightly amended bill was submitted to the Bundestag on March 4, 2009, and adopted on March 25, the opposition parties voted against it. The Verordnung came into force on August 10, 2010. 17 The amended bill was submitted to the House of Representatives on february 19, 2009 and on March 10 to the Senate. Voting in both houses was a formality. The bill was published on March 29, and came into force on July 9, 2009.
constituency of Brussel-Halle-Vilvoorde was split. Each reform provided new competences to the regions and communities. The state reform of 1980 made the regions competent for environmental control including air quality management. In general terms, decentralized states tend to have delays in transposing European regulations18. The Belgian Senate reported the highest score within member states on environmental infringements in December 201119. Each year the transposition status is reported in Senate, together with advices on the improvement of the transposition process. The specific cause for the delay in transposition of the 2008/50/EC directive in Flanders is not known. Anyway, Belgium was urged by the European Commission to implement the directive.20 Though competences might be mandated to regions or Länder in decentralized states like Belgium, Germany and Austria, the federal governments will be kept responsible for non-compliance21 of the directives. Within these laws the 2008/50/EC directive and the fourth daughter directive as mentioned before were transposed. Before and after the transposition further finetuning took place, like in these seven Dutch implementing rules, mostly on air quality criteria:
18
Besluit niet in betekenende mate bijdragen (luchtkwaliteitseisen), 2007
Regeling niet in betekenende mate bijdragen (luchtkwaliteitseisen), 2007
Regeling beoordeling luchtkwaliteit, 2007
Regeling projectsaldering luchtkwaliteit, 2007
Besluit gevoelige bestemmingen (air quality criteria), 2009
Besluit maatregelen richtwaarden (air quality criteria), 2009
Besluit derogatie (air quality criteria), 2009
König, Thomas, and Brooke Luetgert (2009): Troubles with Transposition? Explaining Trends in Member-State Notification and the Delayed Transposition of EU Directives. British Journal of Political Science, 39, issue 1, p. 163-194. And: Borghetto,E, Franchino,F, The Role of Subnational Authorities in the Implementation of EU Directives, Journal of European Public Policy, Volume 17, Issue 6, 2010, pages 759-780 19 Belgische Senaat en Kamer van volksvertegenwoordigers, Zitting 2011-2012, 8 December 2011, De omzetting van Europese richtlijnen in de Belgische wetgeving, Bijlage X http://www.senate.be/www/?MIval=/publications/viewPub&COLL=S&LEG=5&NR=1369&PUID=83888018&LANG =nl 20 http://ec.europa.eu/environment/legal/law/press_en.htm 21 Fisahn, Probleme der Umsetzung von EU-Richtlinien im Bundesstaat, Die Öffentliche Verwaltung, 2002, 239-246 (http://www.jura.unibielefeld.de/lehrstuehle/fisahn/veroeffentlichungen/2002/Probleme_der_Umsetzung_von_EURichtlinien_im_Bundesstaat.pdf
Examining these additional rules gives detailed information on permitting procedures and policies on air quality control, but that is off topic here. In the last rule the word “derogatie” - derogation - appears, the term for the application of time extension in implying the EU Directive 2008/50/EC as mentioned before. Generally, texts from the directive were literally translated in national and regional laws22. More differences in the transposition process are found elsewhere, in passing the directives through the respective legislative processes, in achieving the action within the appointed time, and in the way competences were assigned, being most relevant for the PMLab project. The search for information was not difficult for the parts covering Germany, North Rhine-Westphalia, the Netherlands and Province of Limburg (NL). It took more time to find one’s way through the Flemish parts, as there are less documents describing the current relations between the authorities within the frame of this environmental issue. Most problems were encountered with the Walloon part of the study, as there are virtually no authoritive documents, no academic study or theses, except for the law texts. More than once secondary sources had to be used to construct a picture of the competences, like daily papers or information from specific commercial branches. Meanwhile the information situation in Wallonia somewhat improved,
2.
Competences in permitting and enforcement
Roughly spoken, the permitting is done in the same way by all, though the concerned actors may differ, depending on how competences are assigned., Military establishments are left out here for all countries. For those permits the states are responsible.
22
See for instance: http://www.minaraad.be/digibib-1/dossiers-adviezen/2010/100730-omzetting-eurichtlijnen-inzake-luchtkwaliteit/concordantietabel.pdf/download
2.1.
Belgium
Starting with Belgium, for the distribution of competences in Belgium seems to be quite complex. In general the regions have "assigned" powers, the Belgian federal government still has some powers by the constitutional law, and some so-called "residual" powers, for tasks that are not assigned to the regions. The regions have also "exclusive" powers, in which the federal government cannot intervene principally (but that happens anyway more than once). And then there are "parallel" and "competitive" powers, where regions and federal state meet....so it’s a bit hard to find one’s way. The federal government is responsible for certain aspects of pollution from marketed products, appliances, vehicles and equipment. The current federal approach is mainly focused on transport and the indoor environment.
But, as already stated, basically the competences for environment control are assigned to the regions.
2.1.1. Flanders23
Permitting in Flanders
23
See also: E. De Pue, L. Lavrysen, P. Stryckers, Milieuzakboekje (Kluwer, 2011), 395
In the field of air quality management the Flemish region is competent, the local authorities have some competences here. Applying for a permit is indicative of the competence. Permitting is regulated in Vlarem I24, depending on the degree of nuisance and the amount of emissions, as is mostly done in this part of Europe. Nuisance is compiled to three classes. Attachment I of Vlarem I gives the clues to the permitting authority. In the procedure the permit is published and objections can be brought forward. Appeal is possible at a higher level. For establishments with higher impact emission measurements can be prescribed in the permit.
Vlarem I class (att. 1)
Permitting
Appeal
1: nuisance high
Province
Flemish government
2: less nuisance
Local authorities
Province
3: lesser nuisance
Report to local authorities
--
Recently the Flemish government has agreed on a new regulation for environmental permits, combining constructive and environmental issues into one permit.25 This development will change the basic competences because a lot of class 1 establishments will be ”declassified” to class 2, including a growing role for local authorities. The new regulation will not come into force until 2014.
Enforcement in Flanders Enforcement of permits is quite complex in Flanders depending on the Vlarem classes and spread over several departments and levels:
Department
Class 1
Class 2
Class 3
Milieu-Inspectie, Ministry LNE (Environment Nature Energy), provincial field office
Direct
Indirect
Indirect
24
Vlaams reglement betreffende de milieuvergunning; http://www.lne.be/themas/vergunningen/regelgeving 25 See press message april 19, 2013: http://www.vlaanderen.be/servlet/Satellite?pagename=nieuwsberichten/NB_Nieuwsbericht/Nieuwsbericht&cid=13 37436501836
Local Authority: mayor, police, officials (technical, juridical)
Visual
Direct
Direct
Province
Visual
Direct
Direct
Milieuhandhaving, Milieuschade en Crisisbeheer (AMMC), Ministerie LNE
Administrative sanctions: administrative measures and fines for non-compliance or for environmental offenses
Milieuhandhavingscollege (MHHC)
Appeal against sanctions
Vlaamse Hoge Raad voor de Milieuhandhaving (VHRM).
Policy, advice, coordination, annual plans and reports
The supervision is formulated in the Milieuhandhavingsdecreet (Environmental Enforcement Decree) of February 10, 2009. The Milieu-Inspectie26 (Environmental Inspectorate) supervises class one companies, and indirectly class 2 and 3 companies. The local regulators as mayor, police, technical officials with a certificate of competence, and juridical officers have the authority as a supervisor. The municipal and provincial supervisors oversee class 2 and 3 companies and carry out inspections and sampling for class 1 companies (Article 34, Decree). The AMMC27 (Department of Environmental Enforcement, Environmental Damage and Crisis Management) is responsible for administrative sanctions as administrative measures or penalties for environmental violations or environmental crime, and acts in cases of environmental accidents. The MHHC28 is the Environmental Enforcement Court of Flanders with which an appeal may be brought against an administrative sanction. The VHRM29 (Flemish High Council of Environmental Enforcement) produces an annual environmental enforcement programme to set next year’s priorities for the regional entities that have specific competences for environmental enforcement. The yearly programme contains recommendations concerning the enforcement of environmental law at, and collaboration between the provincial and local level. The annual frequency of the program will be changed now into a five-year programme. Annual reporting on enforcement is a further task. The high council advices Flemish 26 27
Afdeling Milieu Inspectie: http://www.lne.be/organisatie/structuur/afdeling-milieu-inspectie Milieuhandhaving, Milieuschade en Crisisbeheer: http://www.lne.be/organisatie/structuur/milieuhandhaving-milieuschade-crisisbeheer 28 Milieuhandhavingscollege: http://www.mhhc.be/en 29 Vlaamse Hoge Raad voor de Milieuhandhaving: http://www.vhrm.be/english
government and parliament on enforcement policies, coordinates activities and gathers information on environmental enforcement.
2.1.2. Wallonia
Permitting in Wallonia There are four AGW’s (Arrêté Gouvernemental Wallon) to describe the permitting process. The AGW containing a list of activities prone to permitting is crucial: AGW du 4/07/02 arrêtant la liste des projets soumis à étude d'incidences et des installations et activités classées (arrêté liste) (MB du 21/09/02 - Err. 4/10/02 )
The list divides the activities in three classes (rubriques) in a similar but not quite equal manner like in Flanders, depending on the installed capacity of machines, production and storage. In Wallonia the municipalities are the proper authorities. Applying for a permit must be done there. For establishments with higher impact, emission measurements can be prescribed in the permit.
Arrêté liste
Permitting
Advice
Appeal
1: nuisance high
Local authorities
2: less nuisance
Local authorities in case of environmental impact study
Division de la Prévention et des Autorisations (DPA), Ministry of Environment, Territory management and Mobility
Ministry of Environment, Territory management and Mobility
3: lesser nuisance
Report to local authorities
--
--
For some situations the Walloon Fonctionnaire Technique and the Fonctionnaire Délegué (from DPA) are the competent authorities, for instance if the establishment is a mobile one or covers more than one community. In the procedure for the permit a public survey is held by the local authority and objections can be brought forward. Advice is asked from the ministry. After that the
permit decision is taken and published by the local authorities. Appeal is possible at a higher level, from the Fonctionnaire Technique or Fonctionnaire Délegué at DPA up to the Council of State.
Enforcement in Wallonia A specific assignment of enforcement to the three classes of nuisance is not very apparent, but it can be expected that activities with lesser environmental impact are dealt with by the local authorities. The Département de la Police et des Contrôles (DPC) of the Ministry with offices in for instance Liège plans preventive controls of industrial activities, and is active in repressive actions in case of non complying to the permit. All in coordination with other departments of the Ministry, all local, regional and federal police organizations, local authorities and the public prosecutor. Two directories Direction des controles and Direction de l’Anti-braconnage (Anti-poaching) et de la Répression des pollutions with the unit L'unité de la répression des pollutions (URP), for heavy cases. The URP was erected in 2007 after severe critics on the efficacy of the DPE. The Division de la Police de l’Environnement (DPE), part of the DGRNE (Direction Générale des Ressources Naturelles et de l'Environnement) was until some years active in the field and had a subsidiary in the provinces, also in the Province of Liège in the EMR. It provided control of all pollutants in surface water, air, soil and waste. Further: emission control and environmental quality of effluents to air and water, performing the monitoring and control of (licensed) premises, handling complaints or statutory control of accidental pollution, the management of existing monitoring networks and the development of new networks. The division is now fused with DPC.30
Department
Tasks
Direction générale opérationnelle de l’agriculture, des ressources naturelles et de l’environnement (DGARNE) Département de la Police et des Contrôles (DPC)
Preventive controls of industrial activities, repressive actions in case of noncomplying in coordination with other departments of the Ministry, local, regional and federal police organizations, local authorities and the public prosecutor
Direction des contrôles
30
On the Walloon website of DPC information on DPE can still be found: http://environnement.wallonie.be/cgi/dgrne/plateforme_dgrne/visiteur/frames_affichage_document2.cfm?origine=2 852&idFile=2852&thislangue=FR&pere=123
Direction de l’Antibraconnage et de la Répression des pollutions - L' unité de la répression des pollutions (URP)
Heavy cases of environmental crime “Le bras armée de de la DPE“
Local authorities (mayor) are involved too in enforcement. In case of non-complying of the establishment, the police can impose a time period to restore the situation, make up a police report or seal the premisses. Administrative sanctions can be put on non-compliance of the permit conditions, as well as fines, mostly by the local authorities - the board of mayor and aldermen - and the Walloon technical officer (Fonctionnaire Technique) and the Fonctionnair Sanctionnateur for administrative sanctions, if the public prosecutor won’t prosecute.
2.2. The Netherlands – Province of Limburg
Permitting in the Netherlands - Limburg The Wet milieubeheer or Environmental Management Act (EMA) is the most important environmental law. The main instruments are environmental plans and programs, environmental quality standards, permits, general rules and enforcement.31 The Wet Algemene Bepalingen Omgevingsrecht (Wabo,General Provisions Environmental Law of october 2010) governs the environmental permit (omgevingsvergunning). The permit is an integrated product for building, housing, monuments, space, nature and the environment. The Activiteitenbesluit Milieubeheer (Activities Decree), the Besluit Omgevingsrecht (Decree Environmental law) and agrarian governmental decrees give general rules in which the environmental requirements for all relevant environmental compartments are defined. A lot of companies don’t need an environmental permit following these rules. The decree distinguishes three types of companies A, B and C depending on the environmental impact. Type A companies must comply with the rules of the Activities Decree but do not have to report their activities. Type B companies have to report their activities. Type C companies must apply for an environmental permit. As in Belgium there is a long list of activities in the Activiteitenbesluit32, where activities are categorized in classes depending on their environmental impact.
31 32
More information at: http://www.infomil.nl/onderwerpen/klimaat-lucht/luchtkwaliteit/wettelijk-kader/ On htttp://wetten.overheid.nl a daily updated list can be found
There is an online joint counter to apply for an environmental permit at Infomil (omgevingsloket)33. Infomil, an agency of the Ministry of Infrastructure and Environment, presents itself as knowledge centre for environmental legislation and policy, “primary source of information and best practices in matters of environmental legislation and policy in The Netherlands: the link between policy and practice”. Permitting is mostly done by the local authorities, the establishments with a higher impact are permitted by the provincial government, very much alike the Belgian way. The question of authority is not very obvious though, and it takes some time to learn using the online desk of Infomil to discover whether the establishment needs a permit and how the procedure will look like.34 The permit procedure includes publishing of a draft permit, handling of objections by the permitting authority, and finally a possible appeal to the Raad van State (Council of State).
Law
Content
Appeal
Wet milieubeheer
General environmental law
Council of State
Air quality criteria Wet Algemene Bepalingen Omgevingsrecht
Environmental permits
Activiteitenbesluit
List of activities in categories
Competences
Enforcement in the Netherlands - Limburg As a simple rule, enforcement is done by the authority that grants the permit. But sometimes more than one authority is competent to enforce the concerned laws. Enforcement is done by planning and extra driven by events or plaints. Selfcontrol by permit holders is often integrated as condition in the permit. At this time a change is taking place in the organization of permitting and enforcement in the Netherlands, keeping the permit and enforcement decisions to the authoritative levels. Both field activities will be taken over by a new regional implementation service (Regionale Uitvoerings Dienst), joining the forces of 33 34
http://www.infomil.nl/onderwerpen/integrale/omgevingsloket/ http://www.infomil.nl/onderwerpen/integrale/omgevingsloket/bedrijven/infoblad-bedrijven/10-tips-gebruik/ Establishments can check their appliance for a permit at www.omgevingsloket.nl.
municipalities, provincial and water authorities. There will be two of these services in the Dutch province of Limburg.
2.3.
Germany - North Rhine-Westphalia (NRW)
Permitting in Germany - NRW In Germany the “Vierte Verordnung zur Durchführung des BundesImmissionsschutzgesetzes (Verordnung über genehmigungsbedürftige Anlagen) (4. BImSchV)”35 regulates the permits for establishments. The first attachment to the Verordnung36 gives in ten categories all activities that need a permit. For instance: chemical plants, power plants, incinerators, brickworks, cement works, quarries, big farming plants, pesticide storage facilities and waste treatment plants. The federal state of NRW is divided in five governmental districts so-called Regierungsbezirk. The German part of the EMR lies in the Regierungsbezirk of Cologne and comprises the Kreis Aachen (District Aachen) and the Kreisfreie Stadt Aachen (District free town of Aachen). The federal state of NRW is the highest level in the distribution of competences in the field of air quality. Much alike the way it’s done in Belgium and the Netherlands assignments of authority in environmental permitting is laid down in a list as attachments to the Zuständigkeitsverordnung Umweltschutz (ZustVU)37. Since 2008 the lower environmental authorities in the EMR are the Kreise or the Kreisfreie Stadt like Aachen (according to § 1 Abs. 3 ZustVU). In some cases with higher levels of possible environmental impact, competence moves up to the Bezirksregierung (Anhang 1 der ZstVU), and in the EMR that’s the Bezirksregierung at Cologne. The BundesImmissionsschutgesetz §10 describes the permit procedure, comparable to the way this is done in the other countries. Within the permit procedure the “Zaun” (fence of the establishment) principle is an important feature, it means that all environmental aspects in a given area are integrated by one authority into the environmental permit38. Appeal (Klagebefugnis) is possible for those that can prove to be touched in their rights by the permit. Appeal is done at the Verwaltungsgericht (Administrative Court) 35 36 37
4. BimSchV: http://www.gesetze-im-internet.de/bimschv_4_2013/ http://www.gesetze-im-internet.de/bimschv_4_2013/anhang_1_4.html Zuständigkeitsverordnung Umweltschutz (ZustVU) http://www.bezregkoeln.nrw.de/brk_internet/organisation/abteilung05/dezernat_54/zustvu-umweltschutz.pdf 38 http://www.umwelt.nrw.de/umwelt/pdf/zustaendigkeitsvo.pdf
in for instance Aachen, and if necessary Oberverwaltungsgericht and in the third place the Bundesverwaltungsgericht at Leipzig.
Law
Content
Verordnung über genehmigungs- List of activities in 10 bedürftige Anlagen (4. BImSchV) categories Anlage 1
Klagebefugnis
Verwaltungsgericht
BundesImmissionsschutgesetz §10
Procedures for permitting
Zuständigkeitsverordnung Umweltschutz (ZustVU)
Competence
Anhang 1
Appeal
Oberverwaltungsgericht Bundesverwaltungsgericht
Mostly local authorities, Kreise, Kreisfreie Städte, higher impact: Bezirksregierung
Enforcement in Germany - NRW According to §52 of the Bundesimmissionsschutzgesetz the competent authorities are also responsible for the enforcement. They have comparable rights as in the other countries i.e. the right to enter the establishment, to take samples etc. Enforcement is risk based, planned, driven by event or complaints or by themes. Sometimes control of air quality conditions of the permits is done by remote control, involving third certified parties. Self-control by permit holders like emission measurements can be integrated as a condition in the permit. For fines there is a “Bußgeldkatalog”, a list of fines for every thinkable minor environmental offense39. For heavier offenses the criminal law (Strafgesetzbuch) is used.
3.
Air quality measurements
39
At least until 2010: http://5186477.de.strato-hosting.eu/red/ges-bussgeldkatalog-umwelt-nrw-2010-02-
27.pdf
Who
Emissionregistry
EU reporting
Flanders
VMM IRCEL-CELINE
VMM
IRCEL-CELINE
Wallonia
ISSeP IRCEL-CELINE
SPW/AWAC
IRCEL-CELINE
NRW
LANUV
LANUV
UBA
RIVM
RIVM
Netherlands/Limburg RIVM/Province
3.1.
Belgium40
Air quality measurements in Flanders fall within the competence of the Flemish Environment Agency (VMM). The VMM operates the air monitoring network, reports periodically on the measurements and emissions inventories and manages the emission registration. In Wallonia ISSeP is responsible for the air quality network, while Service Public de Wallonie (SPW) -Agence wallonne de l'Air et du Climat (AWAC) holds the Emission Registry. ISSeP performs the periodic dioxin emission measurements on waste incineration plants. The IRCEL-CELINE, the Interregional Cell is a collaboration between the three regions. It is managed by VMM, the Walloon Direction Générale des Ressources Naturelles et de l'Environnement, the Scientific Institute of the Public Service (ISSeP) and the Institute for Environment for the Brussels Capital Region. IRCEL-CELINE maintains a common scientific basis concerning the registration, control of and the interpretation of the data from the regional networks and is responsible for creating reports on air pollution, among them the annual reports to the European Commission. At the website of IRCEL/CELINE a current status report on PM10 exceedances is published.
3.2
The Netherlands – Province of Limburg41
The Rijksinstituut voor Volkgezondheid en Milieu (RIVM - National Institute for Public Health and the Environment), an agency of the Ministry of Health, Welfare and Sport, exploits a network (Landelijk Meetnet Luchtkwaliteit) with 4 stations in the Limburg part of the EMR. The province of Limburg has a network of 6 stations from which 4
40
http://en.vmm.be/air; http://www.issep.be/page.asp?id=113&langue=FR; http://www.wallonie.be/fr/competences/environnement-et-ressources-naturelles; http://airclimat.wallonie.be/spip/Plan-Air-Climat-.html; http://www.irceline.be/~celinair/english/homeen_java.html 41 http://www.lml.rivm.nl/; http://www.luchtkwaliteit.limburg.nl/
within the EMR. Emissionregistry is a responsibility of RIVM, as is the annual reporting to the European Commission. At the website of RIVM a current status report on PM10 exceedances is published.
3.3.
North Rhine-Westphalia42
The federal Umweltbundesamt air quality network has three background stations in NRW, but outside the EMR. The Landesamt für Natur, Umwelt und Verbraucherschutz Nordrhein-Westfalen (LANUV) has a dense network with 6 stations within the EMR. LANUV is subordinate to the Ministerium für Klimaschutz, Umwelt, Landwirtschaft, Natur- und Verbraucherschutz des Landes NRW (Ministry for Climate Protection, Environment, Agriculture, Nature- and Consumerprotection of North Rhine-Westphalia). Emissionregistration (Emissionskataster) is with LANUV too, annual reporting to the European Commission is done by the Umweltbundesamt (UBA). At the website of UBA a current status report on PM10 exceedances is published.
4.
Air quality policies – short overview of current policies
The national policies are designed to meet the national emission ceilings in the NEC Directive43 and the European air quality standards. Generally national ceilings were translated to ceilings by sector (such as industry, agriculture, transport), and specific measures were described to meet the ceilings in 2010. These concern emissions for four air pollutants: nitrogen oxides (NOX), non-methane volatile organic compounds (NMVOCs), sulfur dioxide (SO2), and ammonia (NH3). As reported for 2010, all three countries did not reach the ceiling for NOx, as for NH3 Germany and the Netherlands. The 2012 updated report still mentions exceedances of the ceilings for NO x for Belgium and Germany, and for NH3 for Germany.44 Emissions have been lowered, partly due to the economic crisis. As for PM10, emissions have decreased about 15% in the last decade in Europe. But exposure to PM10 is still high, even with a small decline in the last decade. About 80% of urban population is exposed to high levels, above the WHO limit value. Long range transport of air pollution and changing consumption patterns (like more coal and wood burning in small stoves) contribute to the current PM levels in Europe. 45
42
http://www.umweltbundesamt.de/luft-e/luftmessnetze/index.htm; http://www.lanuv.nrw.de/luft/immissionen/aktluftqual/eu_luft_akt.htm
43 44 45
Directive 2001/81/EC, http://ec.europa.eu/environment/air/pollutants/ceilings.htm http://www.eea.europa.eu/publications/nec-directive-status-report-2012 http://www.eea.europa.eu/signals/signals-2013/articles/europes-air-today
4.1.
Belgium
No time extension was given to Belgium, as the European Commission found the proposed measures to reduce PM10 exposure not sufficient46. Belgium was subsequently brought before the European Court of Justice for not complying to the European standards in the regions, and may await a heavy fine for that47. The court procedure has not taken place yet. The latest federal coalition agreement indicates several initiatives for enhancing the quality of the environment including air quality 48.
4.2.
The Netherlands
For particulate matter (PM10) and nitrogendioxide (NO2) the allowed period to comply with the ambient standards was too short. Time extension was granted for the Netherlands, as an air quality plan was submitted and accepted: the Nationaal Samenwerkingsprogramma Luchtkwaliteit (NSL - National Air Quality Cooperation)49. This plan includes all measures that the government, provinces and municipalities have taken or will take to improve the air quality within the time limits. There are few signs, if any, that the current national government will present new initiatives on air quality policies. Such were not found in the coalition agreement, and if existing, must be found as side-effects within other domains like climate change projects50. The province of Limburg and several cities in the province work together in air quality planning51.
4.3
Germany
Germany had brought forward some zones for time extension, and got time extension for most of them, including Aachen within the EMR. The city of Aachen has adopted an air quality plan, helping to reduce the particulate emissions from traffic and from small woodfire stoves. As the current federal coalition will end its reign in due time, only partisan programs can offer a sign of coming initiatives. Although environment and air quality are
(Draft) Commission decision of […] on the notification by Belgium of an exemption from the obligation to apply the limit values for PM10 http://ec.europa.eu/environment/air/quality/legislation/pdf/be_en.pdf 47 http://europa.eu/rapid/press-release_IP-11-435_en.htm 48 http://premier.fgov.be/sites/all/themes/custom/tcustom/Files/Regeerakkoord_1_december_2011.pdf 49 http://www.infomil.nl/onderwerpen/klimaat-lucht/luchtkwaliteit/vragen-antwoorden/nsl/@112974/nsl/ 50 http://www.kabinetsformatie2012.nl/actueel/documenten/regeerakkoord.html 51 http://www.limburg.nl/Beleid/Milieu/Lucht/Platform_Lucht_Limburg
46
mentioned in de CDU/CSU program (one of the leading political parties), no concrete initiatives are announced52. As most member states have found suitable ways for the transposition of European directives on air quality, compliance with the directives might eventually become the real touchstone of the effectiveness of national policies on air quality. There has been a continuation of existing policy at national levels. Anyway, air quality is not to be found at the front of the national political agendas. The infringement of Belgium and the court-case before the European Court of Justice are signs of a faltering implementation.
5.
Air quality plans
Air quality is caused by local, regional and remote sources. Typically air quality plans focus on local air quality problems, they usually do not exceed an urban scale, and include to a large extent traffic circulation measures. The contribution from sources in the neighbourhood to local air quality can be reduced by comparable air quality plan(s) in the surrounding region. Further, more generic measures like the national emission ceilings (NEC directive) should reduce the contribution from diffuse and remote sources, for traffic the implementation of Euro V- and VI-emission standards, or for instance in Germany for emissions from small combustion plants through the Kleinfeuerungsanlagen-verordnung53. The essential elements of an air quality plan (EU Directive 2008/50/EC, article 2354) are described in attachment XV part A of the Directive and are transposed in the national laws, like a description of the exceedance situation, its cause, expected developments and the proposed measures. Next to air quality plans, the Directive describes short term action plans (2008/50/EC, article 24), which should reduce the risk of exceedances of one or more limit values by taking measures in the short term, and to assure permanent compliance in the future.
5.1.
Belgium
Federal level 52 53 54
http://www.cdu.de/sites/default/files/media/dokumente/cdu_regierungsprogramm_2013-2017.pdf http://www.gesetze-im-internet.de/bundesrecht/bimschv_1_2010/gesamt.pdf http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:152:0001:0044:EN:PDF, page 36
In 2003 a federal environmental program the Belgian National Environment and Health Action Plan (NEHAP)55 was created. This program was meant to tune activities of the three regions and other partners in the broad field of environment and health. A follow up was presented in 2009 as action plan for 2009-201356. On the federal level an action plan “Federale bijdrage in de strijd tegen luchtvervuiling, Actieplan 2009 – 2012” (fourth in series) was presented57. This action plan must be considered as additional and supportive to the air quality plans of the three regions. It consists of six lines, all generic: transversal measures, promoting the sustainable mobility of people and transport of durable goods, enhancing the environmental performance of vehicles, engines etc., improving the environmental quality of energy products and more environmentally friendly warming of households and home maintenance. The federal Minister of Climate and Energy promised an evaluation of this action plan in 2012. Perhaps due to the very long period of last government formation and a new distribution of tasks, that assigned a secretary of state for Environment in the current federal government, this evaluation did not take place yet. “Smog 90” is a measure that reduces car speed on assigned highroads throughout the country down to 90 km/h in case of higher levels of PM. The measure was drawn up sequentially in all three regions, and it is coordinated by IRCEL/CELINE, and as such can be seen more or less as a federal action plan.
Some remarks on administrative structures58 As a result from historical developments, the structures of control of air pollution differ between Flanders and Wallonia. That’s visible in the way the transposition of the European directive took place, but also in the way experts and administrations encounter the air quality issue in the two regions. When it became clear, that exposure to PM was a health problem too, the regions reacted in different ways and handling speed. In Flanders very soon a close cooperating network was set up between scientists, the ministry, the VMM/MIRA59 and IRCEL/CELINE, VITO, universities, and connected to
55
http://www.nehap.be/
56 http://www.health.belgium.be/eportal/Aboutus/relatedinstitutions/NEHAP/PROJECTSANDACTIONS/NEHAP20082013/index.htm 57 http://www.health.belgium.be/filestore/15466533/Federale%20bijdrage%20tot%20de%20strijd%20tegen%20luchtvervuiling_15466533_nl.pdf 58 Vanhaeren, Feron, Hendrickx, Fallon, La Gestion de la qualité de l’air en Belgique, Telescope, vol.19, 1, 2013,115134, http://www.telescope.enap.ca/Telescope/docs/Index/Vol_19_no_1/Telv19no1_vanhaeren_etal.pdf
the network of medical surveillance from general practitioners and the Flemish Centre of expertise on Environment and Health. In Wallonia the issue of air pollution has only recently appeared on the regional political agenda, despite the long history of heavy industry in the Walloon region with its clear contribution to air pollution in the surroundings of Charleroi and Liège. On the Walloon side much weight is given to the federal research level like BELSPO and IRCEL/CELINE, on regional level of course ISSeP and the created air quality agency AWAC. AWAC is the central agency responsible for targets, prioritising, research programs, modelling and interpretation of results. The role of official Walloon health authorities like “La Cellule permanente environnement-santé” (CPES) cannot be great only because of the very limited capacity. The connection environment-health is difficult to make, because health care is assigned to the (language) communities in Belgium. Different levels of government and the regionalisation make it almost impossible to participate in environmental policy on European level. But even then, initiatives and ideas how to abate the air pollution have trouble to reach the political decision makers, due to the additional influence of - often criticised, but installed by law - ministerial cabinets, a typical political oriented construct between minister and his administration, which in practice seem to block or at least to delay these propositions60. The developments in air quality policy, specifically in Wallonia, are subject for studies done by SPIRAL, a research group at the university of Liège (see for instance: ,61 )
5.1.1. Flanders There is an air quality plan issued by the Flemish government for PM exceedances in the whole of the Flemish region, initiated by exceedances in 2003. It came into force in December 2005, followed by an additional action plan in 2007 for industrial hot spots, like the Kanaalzone of Ghent. No specific actions in de Flemish part of the
59
VMM: Vlaamse Milieumaatschappij , www.vmm.be; IRCEL/CELINE, Intergewestelijke Cel voor Leefmilieu - Cellule interregional pour l' Environnement, www.irceline.be/; MIRA, Milieurapport, www.milieurapport.be; VITO, Vlaamse instelling voor technologisch onderzoek, www.vito.be; Steunpunt Milieu en Gezondheid (Flemish Center of expertise on Environment and Health), http://www.milieu-en-gezondheid.be/; BELSPO, Federaal Wetenschapsbeleid - Politique scientifique fédérale - The Belgian Federal Science Policy Office, www.belspo.be/; ISSeP, Institut scientifique de service public, www.issep.be/; AWAC, Agence wallonne de l'Air et du Climat,http://airclimat.wallonie.be/spip/Page-d-attenteAWAC-deja-pleine-d.html
60
M. Göransson, Les cabinets ministériels : Analyse et comparaison de leur nécessité au sein du système politicoadministratif, CEB Working Paper N° 08/038, 2008, Université Libre de Bruxelles
61
Feron, P, The impact of quantative targets on air pollution policies in the Walloon region (Belgium), draft paper for ICPP panel, Grenoble, June 2013, http://www.icpublicpolicy.org/IMG/pdf/panel_18_s2_feron.pdf
Euregion at the regional level were declared.62 In 2008 a further action plan for PM (and NO2) was drawn up for the agglomeration and harbour of Antwerp.
In March 2012 an air quality plan was published for NO2, with the derogation until 2015 for reaching the NO2 targets as background for these two zones. The plan is not focused on PM, but considering the source of NO2 being mostly traffic, it’s obvious that exposure reduction of NO2 by particularly generic measures will lead to exposure reduction of PM too. Eventually PM levels elsewhere in Flanders will possibly benefit from these more generic measures. The instrument of the “Planlasten decreet” (Planning burdens law) 63 reduces the administrative burdens of policies. Through this law the Flemish government supports communities and municipalities. The cities of Hasselt and Genk (in the EMR) receive funding for what is called “sustainable and creative cities”. One of the goals of multiple supported activities - and almost hidden behind society, culture, education and youth items - includes improving the air quality by mobility measures. In Hasselt a city logistic centre was opened in 2010. Hasselt has a prolonged environmental program64, covering most environmental issues, and next to the mentioned city logistic centre, there are some remarks on the possible benefits from greening as means to reduce air pollution. The city of Genk, is an important partner facing some air pollution problems in the industrial zone in the south of the city, characterised by relatively high levels of heavy metals in PM. Hasselt and Genk have a climate plan, as part of the European Covenant of Mayors65, signed by both cities, and including actions to reduce CO2 emissions. Though not specifically mentioned, some of these actions will contribute to lower PM emissions too. As mentioned before the Flemish municipalities have only restricted responsibilities in the field of air quality, and hardly any resembling towards an air quality plan. Almost all responsibilities were placed at higher levels. Municipal police regulations are in practice the only scarcely applied instruments66.
62
http://www.lne.be/themas/luchtverontreiniging/beleid/beleid-in-belgie-en-vlaanderen http://www.lne.be/themas/luchtverontreiniging/beleid/beleid-in-belgie-en- vlaanderen/saneringsplan_23_12_2005.pdf
http://www.lne.be/themas/luchtverontreiniging/beleid/beleid-in-belgie-envlaanderen/20070525_actieplan_hotspots_definitieve_versie_persconferentie.doc
63
http://www.governance-flanders.be/planning-burdens
64 65
http://www.hasselt.be/nl/downloads/4612/milieujaarprogramma-2012.html http://www.covenantofmayors.eu/ De Pue, Lavrysen, Strykers, Milieuzakboekje, Kluwer, 2011, pages 39-40 and 450-451
66
5.1.2. Wallonia In Wallonia the air quality plan “Plan Air/Climat” of 2007 includes hundreds of measures, with ten priorities67. A key priority was the creation of a Walloon Agency Air and Climate (AWAC)68, where previously little specific attention was given to issues of air quality and climate change. In this context, also the air quality monitoring network was completed. The number of fixed and mobile stations now meets the requirements of the European directives. Other key priorities are remediation operations in three of the most polluted industrial areas of Wallonia, followed by a task force consisting of AWAC, municipal authorities, the ISSeP and representatives of companies involved. The plan also provides for greater synergy between the regional plan “Plan d'actions régionales et environnement-santé (Pares)” 69 related to the above mentioned NEHAP and the plan Air/Climat. The mentioned “Smog 90” measure was developed within this “Plan Air/Climat”, joined by a sms-alert system in cases of “pics de pollution”. There is hardly a role for the Walloon provinces in this context. The plan “Air/Climat” strongly emphasizes the role of municipalities in abating air pollution (sic.: "ultimate link in the chain"). Indeed, next to the region, cities have a statutory duty herein, and the municipalities are responsible for the environmental permits. It is difficult to find municipal plans in which air quality is described as a priority. If there are environmental plans, as in Liege70, the frame is wider in terms of "sustainable development", focusing on local energy and waste policy.
5.2.
Netherlands – Province of Limburg
Air quality planning is found in the Wet milieubeheer (Hoofdstuk 5, Titel 5.2: luchtkwaliteitseisen71), describing who in what situation should prepare a plan, and the essentials of the content of the plan, In case of potential exceedance of a limit value the Minister of Infrastructure and the Environment, in consultation with both Chambers and the council of Ministers adopts 67 68
http://airclimat.wallonie.be/spip/-Plan-Air-Climat-.html http://airclimat.wallonie.be/spip/spip.php?page=mot-ministre# temporarely on http://airclimat.wallonie.be/spip/Page-d-attente-AWAC-deja-pleine-d.html 69 http://environnement.wallonie.be/sante/pares.pdf
70
City of Liège, Projet de Ville 2007-2015 and 2012-2020, http://www.liege.be/projet-de-ville
71
http://www.infomil.nl/onderwerpen/klimaat-lucht/luchtkwaliteit/wettelijk-kader/item-88666
a programme to meet that limit value. The programme is designed in close cooperation with the responsible provinces and concerned municipalities within the area where the (potential) exceedance is assessed. In the Netherlands this National Air Quality Cooperation Programme (NSL72) is currently the most important air quality plan. It is a composite plan of seven regional plans. Basically the municipalities are responsible for drafting an air quality plan, possibly supported by the higher government levels. Municipalities and provinces – next to the national government – can take measures to improve the air quality. The regional plan in the province of Limburg was aimed to meet limit values around 201073. All local or regional plans are brought together under the NSL program, including proposed projects, costs and expected effects74. The EU Commission agreed to the plan and granted derogation for PM levels until mid-2011, except for NO2 in the agglomeration of Heerlen-Kerkrade, where targets should be met on January 1, 2013.
The NSL came into force in August 2009. In the Dutch part of the EMR six projects are mentioned in the program, of which five in Maastricht, including low emission zones for heavy duty diesels on specific roads near the centre of the city75. The effects of the zones are unknown. Maastricht has a city logistics centre for distribution of goods since 2010. Recently the province of Limburg registered a subsidy for ebikes.
As an example for local air quality plans not included in the NSL, in 2009 the municipality of Heerlen produced an air quality plan and action plan covering 18 measures contributing to improvement of air quality, with annual progress reporting76.
5.3.
Germany – North Rhine-Westphalia
72
http://mt2011.nsl-monitoring.nl/index.php?top=Het NSL
73
http://www.limburg.nl/Beleid/Milieu/Lucht/Nationaal_Samenwerkings_programma_Luchtkwaliteit
74
http://www.nsl-monitoring.nl/data/public/NSL%202011%20Onderbouwingen%20Maatregelen.pdf
75
http://www.lowemissionzones.eu/countries-mainmenu-147/netherlands-mainmenu-88/maastricht or
http://www.milieuzones.nl/
76
http://www.heerlen.nl/Pub/Home/Publicatiesmap/Publicatiesmap-Stadsplanning/Actieplanluchtkwaliteit.pdf
In Germany the Länder and municipalities cooperate close in preparing air quality plans, a so called “Luftreinhalteplan”. Like in the Netherlands, the plans are composed of multiple measures, including low emission zones, bypass roads, city logistic centres, and requirements for environmentally friendly public transport77.
To the essential contents of a Luftreinhalteplan belong: a description of the exceedance situation, its cause, expected developments and the measures to be taken, as is common rule in the EU. The measures should be based on an integrated approach to the protection of air, water and soil. They should not touch the rules for health protection and safety rules of workers in the workplace atmosphere and should not exert significant adverse effects on the environment of other member states of the EU.
A short term measure can be taken by means of an Aktionsplan (actionplan), mostly for excluding heavy traffic on busy roads. A short term measure is meant to be put in effect within a short time, but keeping that situation permanent.
Low emission zones (Umweltzone78) are a preferred instrument within air quality plans or action plans. For a start only vehicles marked with a plaque related to car emissions are allowed into the zone. In the following years – in a staggered way - vehicles that have a red or yellow sticker will be banned, according to their tax class and their EURO emission standard. In the end – only green stickered vehicles allowed - the low emission zones should reduce the ambient PM levels with about 10-12%. The Umweltbundesamt keeps a record of the zones, though none are noted for the EMR. Still there are such zones in the German part of the EMR.
Competences for air quality plans in the Bundesländer are not assigned to the same level of authority. In NRW it’s the District Government who is competent for the air quality plans, according to the Zuständigkeitsverordnung Umweltschutz as mentioned before79. The District Government is responsible for the zoning of the plan, the coordination of the activities of the various authorities, including the procedures of 77
A recent essay on the the development of air quality law in Germany can be found here: Köck, W, Lehman, K., Die Entwicklung des Luftqualitätsrechts, Zeitschrift für Umweltrecht 2, 2013, 67-75 78 http://www.umweltbundesamt.de/umweltzonen/index.htm
79
http://www.bezreg-koeln.nrw.de/brk_internet/organisation/abteilung05/dezernat_53/plaene/index.html
consent of the authorities and for public participation, drafting measures to be taken, examining the proportionality of the measures and ultimately the publication of the air quality plan. Two air quality plans were established by the Regierungsbezirk Köln (District Government of Cologne), one for Aachen in close cooperation with the Landesamt and the city of Aachen (including an action plan), and a second plan for the Hambach opencast lignite quarry, after an earlier action plan in 2005. The number of ten participants to this last plan is indicative for the extent of stakeholders, ranging from a few government branches, municipalities, quarry exploiter to civil environmental groups. An initiative to develop an action plan is not restrained to government. According to the European Court of Justice, it is possible for a concerned individual exposed to exceedances of air pollution to demand an air action plan from local authorities, as is practised in NRW.
5.4.
Effectiveness of local air quality plans
There is need for an evaluation of air quality plans. Air quality plans are drawn up and carried out as part of the policy cycle. Evaluations of the plans close that cycle. As far as known, such evaluations are not available in the Euregion (exception Maastricht). And anyway, it might be hard to show real improvement in local air quality, if not done by ample measurements or modelling. Recentely such a review has taken place in the UK. In the UK local authorities have a statutory duty for the management of local air quality (Part IV of the Environment Act 1995 – Part III of the Environment (Northern Ireland) Order 2002). As part of their responsibilities they are required to perform regular reviews and assessments of the quality of ambient air against a series of specific standards and objectives as prescribed by regulation. As a result many municipalities have drawn up an air quality plan.
This recent review of the effectiveness of local authority Air Quality Action Plans80 has been carried out for the UK Department for Food, Environment and Rural Affairs. In the review a number of 49 local authorities with formal local air quality plans, were surveyed to inform a detailed picture of the successes and failures of the plans. 80
Effectiveness of Local Authority Action Plans and Future for LAQM (2013) http://uk-air.defra.gov.uk/reports/cat09/1306281250_AQAP_Review_Final_Report.pdf
The report concluded that there is often a lack of political will and funding. There is little evidence that robust quantification of measures in the Action Plan has been carried out, and accordingly, it is difficult to assess how successful the measures have been. This assessment was done by studying the reduction to NO2 exposure, as most plans were aimed at NO2. And as the authors of the study state: However, there is evidence that the action planning process has played an important role in providing the evidence base to support local measures that have delivered improvements, and local authority officers are better informed to provide advice on development control decisions, which should in the long run contribute to improved air quality.
6. Conclusion In the end there is only gradual difference between the approaches in transposing the European Directive on air quality. But depending on the interest in politics of the air quality issue, the possible influences in construction of the EU Directives and the distribution of competences, the elaboration differs in terms of transposition speed, the distribution of competences for this issue and the effectiveness of organizations to achieve the targets. The implementation has been done within existing legal frameworks and in existing organizations with their own characteristics and methods.
Air quality policies are primarily controlled by the national states as they are partners in the European Community. In Belgium environmental policies are assigned to the regions, and they are competent for the issue of air quality, and in Germany the respective Bundesland. On smaller scale provinces (the Netherlands) and Bezirksregierung (North Rhine-Westphalia) have some competences, mostly related to permitting activities.
In practice there is little difference between the way environmental permits are granted in the three countries. They cover an important part of the possible contribution to air pollution, and overall the control seems to be sufficient. On the other hand, for this compartment the competences are not always clear, as in enforcement. Generally spoken, the municipalities are mostly competent, but that is only a general rule. Regional or provincial government also act in this field. Choosing the right authority supposes an individual approach for each relevant source.
The picture of competences for measurement networks is clear. In North RhineWestphalia the Land is responsible, in Belgium the regions (VMM and ISSeP) are competent in close cooperation with IRCEL/CELINE. In the Netherlands the RIVM controls the national air quality network, while the province of Limburg has its own additional smaller network.
Air quality plans and action plans can be tools to influence the exposure to particulate matter. Again the greatest input comes from the national or regional level, while hot spots and exceedances often have very local causes. In the Netherlands municipalities and provinces act within and aside of the national plan, sometimes with exhaustive proposed measures to abate air pollution. The regions of Flanders and Wallonia are in practice the only competent authorities for air quality plans. In North Rhine-Westphalia the cities are active too, next to the district government (Bezirksregierung). According to UK experience an evaluation of existing air quality plans should be included as key stone of the policy cycle.
In general competences on air quality are gradually shifted to local authorities in all countries, supported by experts from other levels. For the purposes of the directives the differences of such constructions might not be all too relevant. For the purposes of the advice action of the PMLab project however, every aspect in the field of air quality management will have to be checked as to correctly address the advices.
Exposure to particulate matter has not decreased in a significant degree, despite general and specific measures at European, national and local level.
Competences of authorities in the field of air quality control have been elaborated. But knowledge of competences is a formal issue. It’s the real implementation that counts. Although not so distinct in formal documents, and notwithstanding known serious health effects, it becomes clear that at the moment air quality is found in a subordinate position in the political agenda, and that there is a lack of political will and resources to achieve the air quality objectives in a dynamic manner. Advisory to reduce emissions or exposure to particulate matter must take that into account.
