Vehicle type approvals (EU)

From 1st September 2017, new car models will have to pass new and more reliable emissions tests in real driving conditions. 

The EU press release is here.

Please note the EU has initiated infringement proceedings (enforcement actions) against a number of member states including the UK, for their failure to fulfill their obligations under EU vehicle type approval legislation. 

The EU press release is here.

The European Commission is also working to ensure the application of EU air quality rules. In this regard, it has launched infringement procedures against 16 Member States in breach of ambient NO2 limit values.

Air Quality NOx: UK Supreme Court Decision

On 29th April, the UK Supreme Court handed down its judgement in the ClientEarth v DEFRA (UK Government) case. I posted about this case December last.

These proceedings arose out of the admitted and continuing failure by the UK since 2010 to secure compliance in certain zones with the limits for nitrogen dioxide levels set out by European law, under Directive 2008/50/EC. The Supreme Court in its judgement of 1st May 2013 had declared the UK to be in breach of article 13 (NOx limit values) and had referred certain questions concerning articles 13, 22 and 23 of the Directive to the Court of Justice of the European Union (CJEU). The CJEU had answered those questions in a judgement dated 14 November 2014 (Case C-404/13). At the same time, the European Court had ruled the UK Government must have a plan to achieve the air quality limits ‘as soon as possible’. My post about this is also in the December archive.

In its judgement of 29th April 2015, the UK Supreme Court unanimously orders that the government must submit new air quality plans to the European Commission no later than 31 December 2015. 

Link to Supreme Court Decision press summary.

Link to Supreme Court Decision.

In 2011 the UK Government said a number of areas, including London, would be unable to comply by 2015 (the deadline in the EU Directive) and instead EU law allowed it to ‘comply as soon as possible’. Indeed, air quality plans would continue the breach at least until 2030. This approach is now struck down by the Supreme Court.

The country goes to the polls on Thursday May 7 to elect a new government.

Some reaction from existing politicians and campaigners is set out in the Air Quality News article here.

UK Persistent Air Pollution (EU legal proceedings) (Update)

My post on action taken by the European Commission for breach of European laws on Air Quality is here.

ClientEarth Case

On 10 July 2014, ClientEarth’s case against the UK Government for breaching air quality limits was heard by the court of Justice of the European Union in Luxembourg. ClientEarth and European Commission lawyers told EU judges UK Government plans will not meet nitrogen dioxide limits in London, Birmingham and Leeds until after 2030. This is 20 years after the original legal deadline and five years later than previously admitted. The information was made publically available by Defra the day before.

European Court of Justice (ECJ) judgment from 19 November 2014 is binding on the UK courts and the national courts in all 28 EU member states. The ECJ highlighted, that limit values for NO2 has to be met since 1 January 2010, if the Member States didn’t apply for a time extension for five years. Member States are obliged to develop an air quality plan, containing effective measures to keep the time of non-compliance as short as possible. The decision indicates that national courts have to demand for any necessary measure from the national authority.

Further information is here.