Letter to environment Commissioner Janez Potocnik about Nitrogen Dioxide air pollution in London

9 February 2010

Dear Commissioner Potočnik,

Subject: Breach of NO2 hourly limit values in London

First please allow us to congratulate you on your confirmation today as Commissioner for environment. We are writing to you, on your first day in office, to request that you keep the implementation of European air quality standards in London at the very top of your agenda.

NO2 limit values, which came into force just over a month ago on 1 January 2010 as stipulated by directive 2008/50/EC and earlier legislation, state that NO2 cannot exceed 200 µg per cubic metre more than 18 times in a calendar year.

The Marylebone Road air pollution monitor, the government's landmark monitoring site in greater London, had already by 21 January 2010 recorded the 19th breach of this 200 µg per cubic metre level, taking it over the 18 maximum for the calendar year. This monitor has now, six weeks into the year, already reported 53 such exceedences - over double the stipulated maximum for a whole calendar year.

In addition, a number of other locations around London have also already exceeded the limit, such as Brixton Road in Lambeth (382 exceedences), Putney High Street (259), Earls Court Road (103) and Knightsbridge (42). In other words, London, which already has the highest average annual levels of nitrogen dioxide of any capital city in western or eastern Europe , has, in the first few weeks, already exceeded the pollution limit values for the entire year.

There is therefore no doubt here - the United Kingdom has and will grossly breach European NO2 air quality obligations. Furthermore, annual average concentrations of NO2 are set to exceed by a wide margin even the 60 µg per cubic metre level which would apply if the UK successfully gains a time extension for NO2. Nitrogen Dioxide is a toxic gas and is also a strong indicator of the presence of more harmful air pollutants. Air pollution in London already causes up to 3,000 premature deaths a year, and these dangerously high levels of NO2 risk causing serious respiratory problems, especially in young children and the elderly.

We would like to impress upon you the seriousness of the breach and request that this be taken into account should the United Kingdom apply for a time extension for NO2 limit values under Article 22 of the Directive 2008/50/EC, as it has indicated it will this or next year. Karl Falkenberg, Director-General of DG Environment, said in his letter to Simon Birkett of the Campaign for Clean Air in London on 7 May 2009 (reference ENV/AK/NV/ 37041 Ares(2009)), the Commission "is following with concern the evolution of NO2 concentration levels in the UK" and that the Commission will assess the UK's time extension submission "in detail to ensure the respect of the conditions set by Article 22. The authorities will have to demonstrate that all appropriate measures have been taken to achieve compliance with NO2 limit values by the original deadline in 2010, and that the additional time required is as short as possible and not exceeding 2015". We urge you to continue this approach in the years to come.

We understand that official infringement procedures might only start when the UK submits validated data for the year 2010, and that could be as late as 30 September 2011. But there is no time to lose on this issue - the health of millions of Londoners is at stake - and we therefore ask you to massively increase pressure on the UK government prior to that date to ensure that it does everything in its power to reduce NO2 emissions. For example, the European Commission must take seriously the fact that the UK failed to provide by 31 December 2009 adequate plans and programmes to ensure compliance with NO2 and daily limit values for PM10 in London.

As we are sure you are aware, in July and August 2012 London will host the 30th Olympic games. The Liberal Democrats have been pushing for the UK to comply with PM10 and NO2 standards by 2012 for some time. Unless radical action is taken quickly, the European Commission will have to launch infringement procedures just months before the games are due to begin. While being necessary, if this were to occur this would be humiliating not just for London, but also for the United Kingdom and the European Union as a whole. This is an EU issue, not just a London issue.

During your hearing in the European Parliament's environment committee on 13 January you stated that the implementation of existing EU environmental legislation is going to be one of the main priorities of your mandate. We request that you make the application of air quality obligations in London, the host city for the 2012 Olympics, the flagship policy of your implementation drive.

Thank you in advance for your cooperation on this crucial issue.

Yours sincerely,

Baroness Sarah Ludford MEP, Liberal Democrat MEP for London

Edward Davey MP, Liberal Democrat MP for Kingston and Surbiton

MIke Tuffrey AM, Leader, London Assembly Liberal Democrat Group

(This letter was sent to environment Commissioner Janez Potocnik on Tuesday 9 February 2010 by email and by post.)

RESPONSE FROM COMMISSIONER POTOCNIK:

3 March 2010

Dear Baroness Ludford,

Thank you for your letter dated 9 February, also signed by Mr Edward Davey, MP and Mr Mike Tuffrey, AM, and your kind wishes on my confirmation as Commissioner for environment.

The challenging air quality situation in London is well known to the Commission. Unfortunately, it is expected that many cities throughout the EU will be in similar position and so a consistent and horizontal approach must be developed by the Commission in response to breaches of the relevant limit values.

The Commission has so far taken a robust approach to the enforcement of PM10 air quality standards and I expect that the situation in respect of nitrogen dioxide will proceed in a similar way. In short, the decision to launch infringement proceedings will be based upon officially submitted data and will take into consideration the possibility to notify a postponement of the limit values in an analogous fashion to PM10. I can assure you that any decision on a postponement to the limit values will have to satisfy the conditions in the Directive and respect the interim maximum permitted concentrations during any extended period.

Whilst noting the particular circumstances of London and the forthcoming Olympic Games in 2012, I can inform you that the Commission will be hosting a workshop in mid April with the aim to assist the Member State competent authorities to improve their air quality planning processes. The Commission has also recently provided support to the London Assembly and to the UK Parliament's environmental audit committee enquiry on the subject of air pollution, and has had discussions with the competent authorities at the national as well as at the local and borough level. Within the air quality committee established for the implementation of Directive 2008/50/EC, the Commission will raise with the Member States the issue of NO2 hourly limit value exceedances and the respective implementation of short term action plans.

In closing, may I thank you for your continued interest in this matter and support in our shared objective of delivering improved air quality for citizens in London and across the EU.

Your sincerely,

Janez Potocniz