Participatory and Procedural Rights in Environmental Matters

It also cannot be argued that fixing of limit values for air pollutants goes beyond what is necessary under subsidiarity considerations, and that therefore the regulation adopted under the Noise Directive 2002/49/EC struck the right balance between Member States' and EU competences. Firstly, air pollution is not linked to national boundaries. The acid rain phenomenon in Europe in the 1980s clearly demonstrated the transboundary nature of air pollution - which is again also underlined by the air pollution caused by transport.

Secondly, setting of ambient air quality limit values in Directive 2008/50/EC is necessary to effectively attain a reduction of the pollutants in the air,       which cannot be achieved just by emission limit values for point sources of pollutants: even when the individual point source respects a regulatory emission limit value, the cumulated quantity of point source emissions often generate enough air pollution that is dangerous to human health. The necessary flexibility for action at local, regional or national level is reached by the possibility to take more stringent protective measures on air pollution (Article 193 TFEU).