Air Quality Directive (AQD)

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Relationship between Directive 2008/50/EC and other EU legislation
Introduction

 

Air pollution provisions of European Union (further in the text – EU) are normally based on Article 192 of the Treaty of the Functioning of the European Union (further in the text – TFEU), which provides that EU adopts measures in order to preserve, protect and improve the quality of the environment. Only when free circulation of new products, including transport means, is the primary objective of EU legislation, measures to limit the emission of pollutants into the air are based on Article 114 TFEU. EU measures are adopted with qualified majority of the European Parliament and the Council.

The major air pollutants which are emitted into the atmosphere in Europe are sulfur dioxide (SO2), nitrogen oxides (NOx), ammonia (NH3), non-methane volatile organic compounds (NMVOC) and particulate matters (PM10 and PM2.5); historically, also lead was an important pollutant. EU took legislative measures to reduce air emissions from these, but also from other pollutants. The presentation which follows will limit itself to questions of air pollution, but will not discuss measures to reduce the emission of ozone-depleting substances and of greenhouse gases.