Ambient Air Quality

Case of Ostrava-Karvina Agglomeration, Czech Republic


The European Commission is taking action over harmful levels of air pollution in EU member states.
It has started infringement procedures against France, Italy, Spain, Slovenia and the UK for
exceeding EU limits on ambient concentrations of sulfur dioxide (SO2), an air pollutant from
industrial installations that can cause respiratory problems and aggravate cardiovascular disease.
The Commission is also asking 23 member states to provide information on the measures they are
taking to reduce the levels of airborne particles known as PM10 to meet EU standards. These coarse
particles emitted by industry and traffic can cause asthma, cardiovascular problems, lung cancer
and premature death. Some 70% of European towns and cities with 250,000 inhabitants or more have
reported exceeding the PM10 limits in at least part of their area. EU limit values for sulfur
dioxide, PM10 and several other pollutants were agreed in a 1999 directive , which was replaced by
Directive 2008/50/EC of the European Parliament and of the Council of 21 May 2008 on ambient air
quality and cleaner air for Europe.

Binding daily and annual limit values for PM10 have been in force since 1 January 2005.^^[1]
According to the Directive, the territory of the Czech Republic was divided into 10 zones and
agglomerations.  In Ostrava-Karvina agglomeration, the measurements proved the limit values
regarding to PM[10] are exceeded (especially during smog situations) and the quality of ambient air
in many parts of the City of Ostrava is very bad.

In previous years , 24 hour limit value for PM[10]  was exceeded  118 - 67 times a year, depending
on the site of measurements. The average annual concentration of PM[10] fluctuated between  47- 49
micrograms/m^3.

The Air Quality Plan (according to Art. 23 ) is in place since 2007 in the Czech Republic. The
short term action plan (Art. 24) was elaborated by the Municipal Authority for Ostrava
Agglomeration in 2012.

Main causes of  air pollution by  PM[10]  can be seen as:

a) industrial sources of pollution (Arcelor Mittal, Vítkovice Machinery Group, central heating
systems etc.)

b) car transportation

c) local heating systems

d) transboundary air pollution (mainly from Poland).


Study

-          Directive 2008/50/EC of the European Parliament and of the Council of 21 May 2008 on
ambient air quality and cleaner air for Europe (Art. 13 and 23.1)

-          Case CJ EU Dieter Janecek v. Freistaat Bayern (C- 237/07)

-          Case C- 404/13: Reference for a preliminary ruling from Supreme Court of the United
Kingdom (United Kingdom) made on 16 July 2013 — R on the application of ClientEarth v Secretary of
State for the Environment, Food and Rural Affairs

-          Case C – 404/13: Judgment of the Court of 19 November 2014

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Questions:
 1. Does the Czech Republic comply with EU legislation regarding to concentration of PM[10]
particulates in ambient air?
 2. Is there the possibility for the European Commission to open infringement procedure against the
Czech Republic?
 3. Do you know any other Member State against which Commission opened infringement procedure
regarding to non compliance with the Directive? What steps had been taken in that infringement
procedure?

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[1] EU law  (Directive  2008/50/EC) requirements related to PM10 particulates  in EU Member States:

24-hour limit value for PM10 = 50 micrograms/m3, not to be exceeded more than 35 times a year.

 Annual limit value = 40 ug/m3.