Public Consultation on the revision of the Ambient Air Quality Directives

ClientEarth argues for the full alignment of EU air quality standards with the 2021 World Health Organization (WHO) guidelines through legally binding limit values. The document proposes strengthening the legislative framework by introducing an independent Scientific Advisory Board on Healthy Air, enhancing the requirements for air quality plans, and expanding monitoring to include Black Carbon and Ultrafine Particles. It further calls for explicit access to justice provisions, harmonised compensation for health damages, and the introduction of administrative penalties for public authorities that fail to comply with air quality standards.

• ClientEarth urges the European Commission to fully align EU air quality standards with the 2021 WHO Air Quality Guidelines (AQG) using legally binding limit values rather than aspirational objectives. It specifically advocates for Scenario 6, which commits to binding limits aligned as closely as possible with the WHO AQG by 2030, noting that current EU limits for NO2 and PM2.5 are 4 and 5 times higher than WHO recommendations, respectively.
• The document proposes the creation of an independent Scientific Advisory Board on Healthy Air to review air quality standards every four years. This board would provide the evidence base to trigger automatic updates to EU limit values when the WHO issues new guidelines or when regional European studies (such as REVIHAAP and HRAPIE) provide updated scientific advice.
• ClientEarth recommends strengthening the legal framework for air quality plans by distinguishing between 'delivery plans' (to ensure compliance before a deadline) and 'remedial plans' (emergency mechanisms for existing breaches). It suggests that delivery plans be updated every three years and that remedial plans be adopted within a maximum of 6 months.
• The paper calls for the introduction of administrative penalties for public authorities that fail to meet air quality standards, suggesting a system of variable fines based on the margin and duration of exceedance and the affected population. It argues that the Environmental Crimes Directive is insufficient because it targets criminal intent rather than administrative failure.
• To address inconsistent national legal systems, ClientEarth proposes explicit access to justice provisions within the AAQDs. These should guarantee EU citizens the right to breathe air meeting limit values, the right of standing to demand adequate air quality plans, and the right to substantive review of those plans in national courts.
• The document advocates for a harmonised EU-wide system for compensation for health damages caused by air pollution. It suggests a 'rebuttable presumption' of harm when an individual provides prima facie proof of health impacts linked to air pollution, and a minimum limitation period of 5 years to bring such claims.
• ClientEarth recommends expanding the list of regulated pollutants to include Black Carbon (BC) and Ultrafine Particles (UFP), proposing target values of 1.08 μg/m3 for BC and 0.5 μg/m3 for EC.
• The paper suggests improving air quality monitoring by increasing the minimum number of PM2.5 stations, clarifying definitions for 'traffic', 'industrial', and 'background' stations, and mandating the use of modelling and indicative measurements to supplement fixed sampling points.
• ClientEarth argues that the economic benefits of stricter air quality standards far outweigh the costs. It cites a Fitness Check finding that implementation costs (EUR 70-80 billion/year) are significantly lower than the societal and health costs of air pollution (EUR 330-940 billion/year).

APA

ClientEarth (2021). Public Consultation on the revision of the Ambient Air Quality Directives. https://www.clientearth.org/media/maspuana/clientearth_public-consultation-on-the-revision-of-the-ambient-air-quality-directives_dec-2021.pdf

Chicago

ClientEarth. Public Consultation on the revision of the Ambient Air Quality Directives. 2021. https://www.clientearth.org/media/maspuana/clientearth_public-consultation-on-the-revision-of-the-ambient-air-quality-directives_dec-2021.pdf.

Wikipedia

{{cite press release |author=ClientEarth |title=Public Consultation on the revision of the Ambient Air Quality Directives |date=December 2021 |url=https://www.clientearth.org/media/maspuana/clientearth_public-consultation-on-the-revision-of-the-ambient-air-quality-directives_dec-2021.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@misc{clientearth2021public, author = {{ClientEarth}}, title = {{Public Consultation on the revision of the Ambient Air Quality Directives}}, publisher = {ClientEarth}, year = {2021}, month = dec, url = {https://www.clientearth.org/media/maspuana/clientearth_public-consultation-on-the-revision-of-the-ambient-air-quality-directives_dec-2021.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }