By Michael Green, Elisabetta Righini, Joern Kassow, Rosa Espin, Eun-Kyung Lee, and Cesare Milani.

On 15 February 2017, the European Commission (the Commission) sent final warnings (a Reasoned Opinion) to France, Germany, Italy, Spain and the United Kingdom for failing to comply with the air pollution limits for nitrogen dioxide (NO₂). Under EU law, Directive 2008/50/EC on air quality and cleaner air for Europe (the Directive) sets air quality limits that cannot be exceeded anywhere in the EU and obliges Member States to limit the exposure of citizens to harmful air pollutants.

The Commission stated in its report, “… while it is up to the Member State authorities to choose the appropriate measures to address exceeding NO₂ limits, much more effort is necessary at local, regional and national levels to meet the obligations of EU rules and safeguard public health”.  The Commission has therefore urged the five Member States to take action to ensure good air quality and safeguard public health. These “final warnings” may have serious consequences.  If the said Member States fail to comply with the Directive within two months, the Commission may decide to take the matter to the Court of Justice of the EU (the CJEU).

While the Commission’s Reasoned Opinion is focused on levels of NO₂, it is widely acknowledged that air quality standards (which generally concern NO₂ and particulate matter – especially PM₁₀ – levels) in many parts of Europe are poor.  As air quality gains increasing media attention and demands for improvement, we have briefly summarised the position on air quality standards (whether NO₂, particulate matter or more generally) in each of the countries that are the subject of the most recent Reasoned Opinion.