CJEU condemns Spain for polluting Barcelona and Madrid

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This Court of Justice of the European Union (CJEU) condemned Spain this Thursday. systematic violations Barcelona Y of Madrid European directive on air quality. According to the European court, Spain has not ensured that the annual limit values ​​for nitrogen dioxide (NO2) are not “systematically and continuously” exceeded in the regions of Barcelona and the Community of Madrid, and since 2010 and 2017 in Vallés-Baix Llobregat. . The CJEU also considers that Spain does not ensure that adequate measures are taken to ensure that the limit values ​​set for NO2 in its air quality plans are as short as possible.

The only point in which Brussels rejects the claims of the European Commission is that the limit values ​​were not complied with in the El Vallés case in 2018 because, according to the CJEU, the data for that year show that since it did not exceed the annual limit value of 40 μg/m3, the obligation not to exceed this limit. A systematic and sustained breach has not occurred in this area since 2018.

Air quality plans

The case dates back to 2015, but it wasn’t until July 25, 2019, after the European Commission confirmed the decision to condemn Spain before the CJEU. “systematic disharmony” levels of nitrogen dioxide in three cities: Barcelona, ​​u200bu200bVallés-Baix Llobregat and the Madrid metropolitan area. Brussels justified its decision that, according to the available data, the European norms regarding NO2 values, which have been legally binding since 1 January 2010, have been violated. In particular, and according to the annual reports submitted to Brussels, between 2010 and 2018 the values ​​in the three areas for which limits were specified were “systematically and continuously should have been exceeded.

In its letter to the court, the European Commission stated, directive Europe It lays down the Member States’ obligation to accept. air quality plans that, in the event of exceeding the limit values, they have established adequate measures to ensure that the overshoot period is as short as possible. However, Spain has not provided, in the “air quality plans” adopted since the regulation came into force, “sufficient and adequate measures to ensure that the time to exceed such limits in the three affected regions is as long as possible”. as soon as possible.”

The Barcelona City Council was already expecting a negative decision, even though it was announced Wednesday by the councilor responsible for the climate emergency and ecological transition. eloi badiaAccording to data collected and analyzed by the ASPB, air pollution in the Catalan capital reinforced the downward trend and NO2 levels at transit stations decreased by 31% between 2015 and 2022.

Getting cleaner air remains one of the priorities of the European Commission, which presented a new proposal two months ago. harden the law and reduce the number of premature deaths attributable to the main atmospheric pollutant by more than 75% within 10 years fine particles Number and severity of diseases caused or aggravated by air pollution such as (PM2.5) and respiratory and cardiovascular diseases

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