The air that we breathe
It is an established fact that the air quality in Malta leaves much to be desired. Well, the European Court of Justice has recently affirmed that infuriated citizens can actually do something about this problem. We do not have to remain sitting pretty,...
It is an established fact that the air quality in Malta leaves much to be desired. Well, the European Court of Justice has recently affirmed that infuriated citizens can actually do something about this problem. We do not have to remain sitting pretty, waiting for the authorities to take action but we can actually take the initiative ourselves!
The Court recently asserted that any citizen who is concerned about the fact that there is a risk that the limit values for particulate matter in the air exceed those established by EU law, can actually require the competent authorities to draw up an action plan in order to sort out the issue. EU law on ambient air quality assessment and management sets down limit values for emissions in order to ensure the quality of the air that we breathe. It also provides that member states are to draw up action plans setting down short-term measures to be taken when there is a risk that the limits will be exceeded. Such action plans seek to reduce the risk and to limit the duration of such an occurrence.
A particular case dealt with by the court concerned a German citizen who, annoyed by the fact that emissions in the area in which he lived exceeded the limits established by law, requested the national authorities to draw up an action plan. His request was refused by the authorities. The national court which was eventually seized of the matter made a preliminary reference to the European Court of Justice requesting the latter court to ascertain whether an individual can require the authorities to draw up such action plans.
The European Court of Justice replied that, where there is a risk that the alert thresholds or limit values may be exceeded, people who are directly concerned are entitled to require the authorities in question to produce an action plan. Such an entitlement must not be affected by the fact that other avenues exist under national law to force authorities to take anti-pollution measures. The measures in the action plan ought to aim to reduce the risk of exceeding the limits and thresholds established in EU law to a minimum. They should seek to ensure a gradual return of emission levels to below the limits and thresholds envisaged by law. The court noted, however, that member states are not obliged to take measures to ensure that the limit values or alert thresholds are never exceeded.
This ruling goes to show that EU law endows each and every one of us with the right of ensuring the quality of the air we breathe. We can actually do something to improve the quality of our life and of that of our children rather than wait for something to be done for us!
• Dr Vella Cardona is a freelance consultant in EU, intellectural property and competition law. She is also a visiting lecturer at the University of Malta.
mariosa@vellacardona.com
The Court recently asserted that any citizen who is concerned about the fact that there is a risk that the limit values for particulate matter in the air exceed those established by EU law, can actually require the competent authorities to draw up an action plan in order to sort out the issue. EU law on ambient air quality assessment and management sets down limit values for emissions in order to ensure the quality of the air that we breathe. It also provides that member states are to draw up action plans setting down short-term measures to be taken when there is a risk that the limits will be exceeded. Such action plans seek to reduce the risk and to limit the duration of such an occurrence.
A particular case dealt with by the court concerned a German citizen who, annoyed by the fact that emissions in the area in which he lived exceeded the limits established by law, requested the national authorities to draw up an action plan. His request was refused by the authorities. The national court which was eventually seized of the matter made a preliminary reference to the European Court of Justice requesting the latter court to ascertain whether an individual can require the authorities to draw up such action plans.
The European Court of Justice replied that, where there is a risk that the alert thresholds or limit values may be exceeded, people who are directly concerned are entitled to require the authorities in question to produce an action plan. Such an entitlement must not be affected by the fact that other avenues exist under national law to force authorities to take anti-pollution measures. The measures in the action plan ought to aim to reduce the risk of exceeding the limits and thresholds established in EU law to a minimum. They should seek to ensure a gradual return of emission levels to below the limits and thresholds envisaged by law. The court noted, however, that member states are not obliged to take measures to ensure that the limit values or alert thresholds are never exceeded.
This ruling goes to show that EU law endows each and every one of us with the right of ensuring the quality of the air we breathe. We can actually do something to improve the quality of our life and of that of our children rather than wait for something to be done for us!
• Dr Vella Cardona is a freelance consultant in EU, intellectural property and competition law. She is also a visiting lecturer at the University of Malta.
mariosa@vellacardona.com