European Commission takes 6 EU Member States to European Court of Justice in violation of clean air rules

17 May, 2018
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The European Commission started today infringement procedures against France, Germany, Hungary, Italy, Romania and the United Kingdom for violating EU air quality rules [1].

More than 400,000 Europeans die prematurely every year due to poor air quality, the European Commission finds [2]. Motorised traffic is one of the main sources for air pollution. For example, during an April 2018 London Marathon, air pollution on sections of the marathon dropped by 89 % compared to pollution on three previous Sundays [3].

A 2015 ECF report showed that shifting motorised trips to cycling is an effective means to improve air quality [4]. With 40 % of all car trips in the EU being under 5 km, the potential for higher cycling rates are enormous. In the Netherlands, 36 % of people use the bicycle are their primary mode of transportation, 4.5 times more than the European average [5].

The European Cyclists’ Federation therefore calls upon all 6 Member States to step up national efforts to develop cycling as a way of helping and enabling urban authorities. In particular they should:

  • Set up a National Cycle Investment Fund. It shall be equipped with annual investments equal to at least 10 Euro per person and used to co-fund local and regional cycle projects, such as cycle highway projects and other measures;
  • Introduce or extend a national support scheme for the purchase of conventional and electric bicycles (L1e-A), the latter similar to schemes given to e-cars in a number of countries, and/or set up tax-free allowance schemes for cycle to work;
  • Frame national support and coordination to cycling in a systematic manner, by developing and implementing a national cycling strategy.

 

Adam Bodor, ECF Advocacy Director says: “Investing in cycling is money well spent. It is not only an effective measure to fight air pollution, but will also help the transport sector to decarbonise and get our population more physically active. Every Euro we invest will yield on average a benefit of at least 5.5 Euro.” [6]

An excellent opportunity for Member States to intensify support to cycling will be within the context of submitting National Air Pollution Control Programmes. As part of the revised National Emission Ceiling Directive that set targets for 5 pollutants for 2020 and 2030, Member States will need to submit by 31 March 2019 their first programmes [7]. In a draft guidance report developed for the European Commission, a methodology on how shifts to cycling could be assessed was suggested:

“In assessing the success and progress of a policy that promotes the use of cycling as a replacement for car use, the reduction in vehicle kilometres or fuel used will be needed to determine the reduction in emissions from cars (and subsequently the impacts on pollutant concentrations). However, the change in the number of journeys made by bicycle (measured from before the policy and after the policy implementation) could also be used as an indicator because it is more relevant for the target stakeholders. In this case both metrics could be used and the relationship between the number of journeys made by bicycle and the resulting reduction in vehicle kilometres will need to be determined to allow emissions reductions to be calculated.”

With regard to the infringement procedure, a ruling by the European Court of Justice can be expected by the end of 2019. In similar cases, Bulgaria and Poland were the first two countries to be ordered by the European Court of Justice to take action to improve its air quality in rulings in 2017 and 2018 [8].

Notes:

[1] http://europa.eu/rapid/press-release_IP-18-3450_en.htm

[2] https://www.eea.europa.eu/media/newsreleases/many-europeans-still-exposed-to-air-pollution-2015/premature-deaths-attributable-to-air-pollution

[3] https://www.huffingtonpost.co.uk/entry/the-london-marathon-2018-saw-89-drop-in-air-pollution_uk_5addd15de4b089e33c8a5413

[4] ECF, Cycling and urban air quality. A study of European Experiences, 2014. https://ecf.com/sites/ecf.com/files/150119-Cycling-and-Urban-Air-Quality-A-study-of-European-Experiences_web.pdf

[5] Special Eurobarometer 422a

[6] Department for Transport UK Government, Value for Money Assessment for Cycling Grants, 2014

[7] Article 6 of the NEC Directive [2016/2284/EU]

[8] Commission v Bulgaria, C‑488/15; Commission v Poland, C-336/16

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Fabian Küster's picture
Director - Advocacy and EU Affairs

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