Air Quality Directive (AQD)

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When certain alert thresholds of air pollution are exceeded, the public shall be informed, so that it can adapt to the increased air pollution. Already when such a risk of exceedance appears, a Member State in question is obliged to draw up an action plan in order to reduce the risk or duration of such an exceedance. However, when alert thresholds for ground-level ozone - a pollutant which is formed by nitrogen oxides or other chemical substances ("ozone precursor substances") under the influence of sunlight - are exceeded, Member States need only adopt an action plan, when they believe that the plan could reduce the risk, duration or severity of the ozone pollution.

When the limit values for any of the regulated pollutants are exceeded in a given zone or agglomeration, the Member State in question has to elaborate the air quality plan for that area, in order to keep the exceedance period as short as possible. Directive 2008/50/EC gives a long list of information which must be contained in the plan and indicates types of measures for the reduction of air pollution which a Member State could adopt; for example, the Member State could reduce the emissions from stationary sources or from vehicles, adapt transport planning and management, establish car-free or low-emission zones, or reduce the use of some fuels (peat, coal etc).

The Member State shall communicate such the air quality plan without delay to European Commission, but bears itself the entire responsibility for the measures to be taken. European Commission might comment on a plan or suggest taking of certain measures; however, it may not impose certain measures. The Member State in question decides whether a clean-up plan is elaborated at local, regional or national level; in practice this depends on the degree and the local spread of the pollution.

The public must be regularly informed of the concentration of pollutants in the air, also when the limit values are not exceeded. The public must also be informed of any air quality plan that is elaborated. Furthermore, an annual report on all the pollutants which are covered by Directive 2008/50/EC must be made publicly available, including long-term objectives pursued with the national air quality policy. The report must contain information on any exceedance of the concentration limit values and an assessment of the effects of theses exceedances.