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The EU offers a complex regulatory framework based on directives as the main legislative instrument. EU law leaves the choice of means to comply with limit values agreed at EU level to the Member States. For key sources of pollution, EU-level standards are applied to ensure efficient internal market functioning. Under the Article 193 of the TFEU, each Member State is entitled to maintain or introduce more stringent requirements in order to protect human health or the environment against air pollution. EU measures thus constitute a common minimum level of protection but allow each Member State to effectively combat air pollution.

The current policy for cleaner air can be divided into three main pillars:

1. The first pillar comprises the ambient air quality standards set out in the Ambient Air Quality Directives (directives 2008/50/EC and 2004/107/EC are at the core) for ground level ozone, particulate matter, nitrogen oxides, dangerous heavy metals and a number of other pollutants. These air quality standards were to be attained by all Member States across their territories from – depending on the pollutant – 2005 or 2010 onwards. Postponing the deadline was possible only under specific circumstances. If the set limit values are exceeded, Member States are required to adopt air quality plans detailing measures apt to keep the exceedance period as short as possible.
2. The second pillar consists of national emission reduction targets established in the National Emissions Ceiling Directive (2001/81/EC) which sets concrete ceilings for specific emissions, within the sphere of each individual Member State (National Emission Ceilings), for the most important trans-boundary air pollutants: sulphur oxides, nitrogen oxides, ammonia, volatile organic compounds and particulate matter. The national emission reduction targets were recently revised to include new limits that need to be met in 2020 and 2030, and an additional pollutant – fine particulate matter (PM2.5). Member States were required to develop National Air Pollution Control Programmes by 2019 with a view to complying with their emission reduction commitments.
3. The third pillar (Emission Standards for Key Sources of Pollution) puts the industry in charge by setting emission standards for heavy industrial polluters. comprises emissions standards for key sources of pollution, from vehicle and ship emissions to energy and industry. These standards are set out at EU level in legislation targeting industrial emissions (Industrial Emissions Directive 2010/75/EU), emissions from power plants (Industrial Emissions Directive 2010/75/EU and Medium Combustion Plant Directive 2015/2193/EU) , vehicles (Regulation No 2019/631 setting CO2 emission standards for new passenger cars and for new light commercial vehicles, Regulations on CO2 emission standards for new cars and light duty vehicles.) and transport fuels (Fuel Quality Directive 98/70/EC), as well as the energy performance of products (Ecodesign Directive 2009/125/EC).

This is complemented by the ambitious aspirations of the Green Deal, which was announced in 2020 and should enhance the envisaged sustainable transformation of the EU. This plan, as a starting point for the further development of EU policies, directly relates to the SDGs and contains a zero tolerance policy for air pollution to reinforce the already comprehensive legislative framework for the protection of clean air in the EU.

Moreover, in the aftermath of the vehicles emissions scandal in 2015, the package of Real Driving Emissions rules (Regulation 2016/427, Regulation 2016/646 – see Case C-177/19 P Ville de Paris and Others v Commission, Regulation 2017/1154) was put in place to ensure air pollutant emissions standards are properly implemented and type approval requirements are reinforced. This package includes tests for nitrogen oxides and particulate matter emissions as well as upcoming new in-service conformity rules to improve testing of vehicles already in service. Latest changes were adopted on 3 May to further reduce margins of technical uncertainty in Real Driving Emissions testing, increase emissions checks of cars already in circulation and introduce testing by independent and accredited third parties. Moreover, since September 2017 new types of light-duty vehicles types have to comply with a new test procedure for type approval laboratory testing which is closer to real driving conditions (The so-called Worldwide harmonised Light vehicles Test Procedure - WLTP).