1. Topic

  Differences in responsibilities for air pollution between levels of government across Europe

2. Introduction

   

The EU Framework Directive on Ambient Air Quality Assessment and Management (96/62/EC) requires Member States to transpose, implement and report on the contents of the Framework Directive. Whilst it is clear that Member States have an over-riding responsibility for the whole process, it is clear that some responsibilities can be delegated to lower levels of government or other bodies within the State. This is expressed in Article 3:

For the implementation of this Directive, the Member States shall designate at the appropriate levels the competent authorities and bodies responsible for:

· Implementation of this Directive;

· Assessment of ambient air quality;

· Approval of the measuring devices (methods. equipment, networks, laboratories),

· Ensuring accuracy of measurement by measuring devices and checking the maintenance of such accuracy by those devices, in particular by internal quality controls carried out in accordance, inter alia, with the requirements of European quality assurance standards;

· Analysis of assessment methods;

· Coordination on their territory of Community-wide quality assurance programmes organized by the Commission.

The much of the scope for delegation of responsibilities is to secondary levels of government. These loosely fall in to the categories of regional, provincial and municipal (although names vary between countries).

Annex IV of the Framework Directive expressly states that the Action Plans/Programmes required in Article 8 to attain the limit values can be based on local, regional or national scales. Again the “responsible authority” must be named making it clear that Action Plans are not necessarily the remit of the Member State at a national level.

3. Discussion

   

Although the range of governmental strata mentioned in the introduction (national, regional, provincial and municipal) are not ubiquitous in all EU Member States, this general pattern of governmental hierarchy is usually recognisable in some form. All countries have there own historical pattern of responsibility for air pollution within these structures, some of it related to previous EU environmental legislation.

One of the greatest variations between States is the autonomy either granted to or taken up by different levels in the hierarchy. One example of this is Germany where the secondary ‘regional’ tier of government is comprised of the federal states who have their own legislative assemblies. This autonomous situation is reflected in the decision by some German municipalities to set their own Environmental standards and objectives independent of national or state requirements. By contrast, in the UK, regional government is in the very early stages of development (Scotland and Wales only recently having acquired elected legislatures – and these are considered to be “devolved administrations” rather than regional government) and municipal authorities are very strongly bound to follow a very prescriptive methodology for air quality management laid out by the national government(s). Two things should be noted about the arrangement in the United Kingdom:

· Despite having a duty to carry out extensive AQM work for the UK government, UK municipal authorities have not been passed the responsibility for meeting EU limit values – being required instead to attain a set of national AQ objectives.

· Although the UK government has passed duties on to UK municipal authorities regarding AQM, similar duties have not been given to provincial (e.g. County) or regional bodies, or to national state agencies (Highways Agency/Environment Agency) despite these bodies having significant interest/control with regard to certain pollution sources.

4. Recommendation / Conclusion

   

It should be made very clear within all levels of government (and other institutional bodies with interests in air pollution) where responsibilities for improving air pollution, and the powers for controlling air pollution, lie (the two not necessarily being the same). Where statutory provisions have not been made to make controlling bodies responsible, these parties should be encouraged to strongly participate in the air quality management process. This can be done in a number of ways:

· Ensuring that provincial and regional representatives are invited (and attend) relevant municipal meetings from very early on in the process

· Making sure that regular contact is made with these bodies and taking account of their various plans and programmes within work looking at forward projections of air quality and within any action plans or programmes

· Encouraging relevant bodies with no statutory responsibilities to undertake some process of corporate adoption of a role within the AQM process

5. Examples / Further Reading

    Differences by activity
Differences by Level

6. Additional Documents / Web Links

   

European Framework Directive on Ambient Air Quality Assessment and Management: http://europa.eu.int/smartapi/cgi/sga_doc?smartapi!celexapi!prod!CELEXnumdoc&lg=en&numdoc=31996L0062&model=guichett

Proposed regulations transposing the EC Air Quality Framework Directive and 1st Daughter Directive Consultation paper:

· http://www.defra.gov.uk/environment/consult/aqframe/index.htm

· Member States and air quality contacts: http://www.europa.eu.int/comm/environment/air/links.htm

· Commission portal on “What is environmental governance?” http://europa.eu.int/comm/environment/governance/index_en.htm

· http://www.minambiente.it/%20(Italian%20Environment%20Ministry%20web%20site)

Last Updated


 

21st January 2005

Back