Susana Borràs Pentinat
Associate Professor of Public International Law and International Relations at Rovira i Virgili University, coordinator of the Master's Degree in Environmental Law and researcher at the Tarragona Centre for Environmental Law Studies (CEDAT)
Air pollution in Europe, according to the European Environment Agency, remains the greatest health risk. It exposes more than 90% of the urban population to very harmful levels of air pollution, which is above the recommendations of the World Health Organization (2021) and leaves a balance of 300,000 deaths per year.
Today, the European Parliament has approved the proposal to review the European regulatory framework by merging the two current air quality directives (2004/107/EC and 2008/50/EC), and by responding, not only to the urgency of setting stricter thresholds for pollution levels by 2030 and achieving zero pollution by 2050, but also to the need to hold the main air pollution emitters accountable.
The most significant aspects of this new regulations are: more clarity on the access to justice, the periodic review of air quality standards according to scientific data, the reparation of damages, the efficacy of the penalties imposed, the improvement of public information on air quality, as well as, the support for local authorities in achieving cleaner air by strengthening air quality plans, modelling and monitoring.
The law also recognizes the rights of people affected by air pollution, like the right to be represented by non-governmental organizations in class actions for damages, and the right to compensation in the event of EU air quality standards breaches.
However, there are still some controversial aspects, such as the horizon for achieving the air quality and reduction goals being too distant, and the possibility for the States to request a 10-year extension if they can’t reach the reduction targets due to specific climatic and orographic conditions.
In any case, it is a very important step forward to ensure a safer, healthier and cleaner environment for all the European citizens