EUROPEAN PARLIAMENT Committee on Petitions NOTICE TO MEMBERS

Transcription

1 EUROPEAN PARLIAMT Committee on Petitions NOTICE TO MEMBERS Subject: Petition 1484/2008 by Catherine Le Comte (French) concerning the impact of noise and atmospheric pollution on the health of residents in the vicinity of Charles de Gaulle - Roissy airport 1. Summary of petition The petitioner criticises the failure of the French authorities to reduce noise and atmospheric pollution from the excessive number of aircraft using the French Charles de Gaulle- Roissy Airport. She maintains that the constant noise and air pollution levels are adversely affecting the health of local residents and that, during the day, one aircraft every 30 seconds during the night, one aircraft every 3 minutes flies over the district in which she lives. She is accordingly seeking the assistance of the European Parliament to remedy matters indicating that her representations to the French authorities have been ignored. 2. Admissibility Declared admissible on 12 March Information requested from Commission under Rule 202(6). 3. Commission reply, received on 1 September Noise pollution Applicable Community legislation as regards the evaluation and management of noise in the environment is Directive 2002/49/EC1. 1 OJ L 189, , p CM\ doc PE v07-00 United in diversity

2 Under the directive, Member States must draw up strategic noise maps and action plans aimed at managing ambient noise. However, the directive leaves it to the discretion of the Member States to decide on the limit values for noise and the measures aimed at reducing noise to include in the action plans. Strategic noise maps had to be drawn up before 30 June 2007 while the corresponding action plans had to be adopted after the consultation and participation of the public before 18 July France has made a noise map concerning Charles de Gaulle- Roissy Airport. The report has been submitted to the Commission and is available to the public. The preparation of the action plan is ongoing. In addition for large airports in the EU (i.e. those with more than aircraft movements a year), a harmonised European framework already exists in relation to noise from airports. Directive 2002/30/EC1 on the establishment of rules and procedures with regard to the introduction of noise-related operating restrictions at Community airports requires Member States to adopt a balanced approach when addressing issues of noise in relation to Community airports. Air pollution The applicable and relevant Community legislation as regards the evaluation and management of ambient air quality is Directive 1999/30/EC2 which defines limit values for particulate matter PM 10 and nitrogen dioxide NO2 and the new Directive 2008/50/EC3 which replaces Directive 1999/30/EC. The new directive retains the limit values from Directive 1999/30/EC and introduces further objectives for fine particulate matter PM 2.5. PM 10 and NO2 are the pollutants which most commonly exceed the environmental standard related to the protection of human health, in particular in urban areas and near major transport infrastructure. According to the last official report provided by France, PM 10 daily and annual limit values as well the NO2 annual limit values to be achieved by 2010 have been exceeded in the air quality zone "Paris-agglomeration", where the airport is situated. The Commission has, until now, not launched an infringement procedure against France for non-respect of the PM 10 limit value4 as France notified an application of Article 22 of the new Directive 2008/50/EC which enables further time for compliance if specific conditions are fulfilled. The notification included a specific request for a time extension for the Paris agglomeration air quality zone. The notification referred to an air quality plan, 'Plan de Protection de l'atmosphere pour l'ile de France', approved by French authorities in July 2006 which identifies some specific airport related measures to reduce air pollution. In its Decision C(2009) 5244 final of 2 July 2009, the Commission raised objections to the application of Article 22 in the Paris-agglomeration zone on the grounds that it was not demonstrated that appropriate measures had been taken prior to the initial 2005 attainment date, nor was it clear whether one or more of the external factors listed in Article 22(2) can be considered the chief cause of the exceedances. In addition, on the basis of the information currently available to 1 OJ L 85, , p OJ L 163, ,p OJ L152, ,p.1. 4 This procedure was launched against 10 other Member states on 29 January PE v /6 CM\ doc

3 the Commission, it could not be fully assessed whether compliance could be achieved by the expiry of the exemption period in June 2011 throughout the zone. A detailed analysis of the elevated NO 2 concentrations around the airport has been recently provided in the study by AirParif1 that indicates high concentrations of NO 2 along the roads leading to or passing the airport and in two areas just next to the airport. However, for PM 10 particles it indicates that though there is a significant contribution from the nearby Paris conurbation (where exceedances are recorded), compliance with the PM 10 limit values in the area around the airport is reached unless there are very unfavorable climatic conditions. Full compliance with the PM 2.5 target value in 2010 in the vicinity of the airport is also expected on the basis of the monitored data. For all three pollutants, the emissions from aircraft themselves (as explicitly mentioned by the petitioner) play a minor role as compared to the on-ground activity and the traffic to and from the airport. Conclusions In view of these elements and in view of the information communicated by the petitioner, it has been established that Community legislation on ambient air quality is being infringed in the relevant air quality zone, while the explicit contribution of aircraft is less certain due to the complex mixture of pollution from a number of different sources in the area. The Commission is therefore considering further steps to enforce EU air quality legislation. Evaluation of the reports on the noise maps submitted by the Member States according to article 10 (2) of Directive 2002/49/EC is still ongoing. Should the completion of the evaluation show that further investigation is necessary in respect of the Charles de Gaulle- Roissy Airport or that conditions set by EU legislation have not been fulfilled, appropriate action will be taken. Citizens also have individual rights before the national court to request that EU limit values be respected and that short-term action plans be prepared and implemented to offset the risk of exceedance in their area. 4. (REV) Commission reply, received on 11 May Protection from environmental noise and local atmospheric pollutants are covered by two separate legal instruments. With regard to noise, the relevant Community legislation, Directive 2002/49/EC 2 relating to the assessment and management of environmental noise requires Member States to identify sources of noise, including airports with more than 50,000 movements per year, establish noise maps and take the appropriate mitigation measures. The noise map corresponding to Charles de Gaulle-Roissy Airport has been assessed and it fulfils the requirements of the Directive 2002/49/EC. Regarding the action plans, it should be noted that the submission of the summaries and the translations of these plans are ongoing OJ L 189, , p CM\ doc 3/6 PE v07-00

4 With regard to atmospheric pollution, since the first communication, France has submitted a report on air quality for It appears from that report that, in the air quality zone "Parisagglomération", the limit values for PM 10 were still exceeded during that year. Furthermore, in the same year, the NO 2 annual limit value, to be achieved in 2010, has also been exceeded in the zone where the airport is located. Further to the adoption on 2 July 2009 of Decision C(2009)5244 in which the Commission objected to an exemption from the obligation to apply the limit values for PM 10 in all notified zones including the "Paris-agglomération" zone, the Commission has launched an infringement procedure against France on 20 November 2009 for not meeting the PM 10 limit values. On 29 December 2009 and 30 March 2010, the French authorities submitted new information in view of re-notifying some zones for an exemption from the obligation to meet the PM 10 limit values. The pursuit of the infringement proceedings for not meeting the PM 10 limit values will be considered on the basis of the decisions on the exemption, taking into account also the latest information on PM 10 levels in the zones and agglomerations concerned. According to Article 22 of Directive 2008/50/EC 1, Member States can also notify a postponement of the deadline for attaining the limit values for NO 2. The Commission expects notifications on that matter to be submitted by Member States during 2010 and mainly Any possible infringement procedures for not meeting the NO 2 limit values will be considered on the basis of the decision on a postponement and the latest information on NO 2 levels. In view of the breach of Community legislation on ambient air quality in the air quality zone "Paris-agglomération", first steps in the infringement procedure against France have been taken. A letter of formal notice was sent on 20 November 2009 and further steps will be considered by the Commission if needed. The Commission would like to point out that citizens have individual rights before a national court to request that EU limit values be respected and that short term action plans be prepared and implemented to offset the risk of exceedance in their area. In view of these elements and in view of the information communicated by the petitioner regarding the noise maps, it is not evident that Community legislation is being infringed. Should the completion of the evaluation of the action plans show that further investigation is necessary in respect of the Charles de Gaulle-Roissy Airport or that conditions set by EU legislation have not been fulfilled, appropriate action will be taken. 5. (REV II) Commission reply, received on 3 March With regard to atmospheric pollution and the implementation of Directive 2008/50/EC 2, it appears from the report for 2009 that, in the air quality zone "Paris-agglomération", the limit values for PM 10 were still exceeded during that year. Furthermore, in the same year, the NO 2 limit values, to be achieved in 2010, have also been exceeded in the zone where the airport is located. 1 OJ L 152, , p.1. 2 OJ L 152, , p.1. PE v /6 CM\ doc

5 On 28 October 2010, the Commission decided to send a final written warning to the French authorities urging them to comply with the PM 10 limit values as laid down in Annex XI of Directive 2008/50/EC. Furthermore, on 17 December 2010, the Commission, in Decision C(2010)9168, again raised objections to the notification of an exemption from the obligation to apply the PM 10 limit values in the air quality zone "Paris-agglomération" because the conditions laid out in Directive 2008/50/EC were not met. Following the recent French reply to the above-mentioned written warning, the Commission is currently in the process of analysing the latest information. With regard to noise, the French authorities are obliged to follow specific procedures to introduce noise mitigating measures and/or operating restrictions, in line with international standards and Directive 2002/30/EC (the airport noise directive 1 ). These procedures allow the assessment of the efficiency of the mitigating measures to be carried out on an airport by airport basis. In view of the currently available information, the French authorities have adopted such noise mitigating measures in accordance with this directive. 6. (REV III) Commission reply, received on 20 April 2012 With regard to atmospheric pollution and the implementation of Directive 2008/50/EC 2, it appears from the report for 2010 that, in the air quality zone of Paris, the limit values for PM 10 and NO 2 were still exceeded during that year. The infringement procedure against France for failure to apply the PM 10 limit values is still ongoing. The next steps are being considered in the frame of a horizontal action addressing several Member States for the same failure. As regards NO 2, France has, by letter registered on 8 March , notified a postponement of the deadline to comply with the NO 2 limit values inter alia for Paris. The Commission has nine months to assess the request. With regard to noise, the Commission has requested the French authorities to provide information on the implementation of the environmental noise directive 4 on their territory including as regards the Roissy Charles de Gaulle airport. The French authorities have just informed the Commission that the missing noise action plan for this airport is in elaboration. Further information will be reported to the Commission by end of April 2012 and then regularly every three months. 7. (REV IV) Commission reply, received on 30 January With regard to noise, the Commission has requested the French authorities to provide 1 OJ L 85/40, OJ L 152, , p ication_ &vm=detailed&sb=title. 4 Directive 2002/49/EC, OJ L 189, , p CM\ doc 5/6 PE v07-00

6 information on the implementation of the environmental noise directive 1 on their territory including as regards the Roissy Charles de Gaulle airport. The French authorities have informed the Commission that the missing noise action plan for this airport is in elaboration. However, by mid November 2012, the action plan summary had not yet been reported and, therefore, the Commission is drafting a letter of formal notice under article 258 of the Treaty to request the French Authorities to fulfil their obligations. 8. Commission reply (REV. V), received on 28 August With regard to noise, despite previous information provided by France that the missing noise action plan for the Roissy Charles de Gaulle airport was in elaboration, as of mid-july 2013 the action plan summary had not yet been submitted to the European Commission. Therefore the Commission submitted a Letter of Formal Notice to request the French Authorities to fulfil their obligations concerning the environmental noise directive 2. A reply from the French authorities has been requested by end of August Commission reply (REV. VI), received on 28 February Regarding environmental noise, France has replied to the letter of formal notice of the Commission in November 2013, indicating that the action plan for the airport Roissy Charles de Gaulle is currently in consultation, and that its summary will be provisionally submitted to the European Commission in December The Commission has not received any summary action plan for the airport Roissy Charles de Gaulle by mid-february As regards ambient air quality, an additional letter of formal notice was addressed to France in 2013 for the persistent breach of the PM10 limit values laid down in Directive 2008/50/EC 3 in several air quality zones including Paris. The reply of the French authorities is being assessed and will be followed-up soon. The overall assessment of ambient air quality in Paris will also need to take into account the concentrations of NO2, which appear to exceed the annual limit value laid down by the Directive according to the latest available reports. Conclusions The Commission will follow up on the abovementioned issues and ensure the respect of Directives 2008/50/EC and 2002/49/EC 4. 1 Directive 2002/49/EC, OJ L 189, , p Directive 2002/49/EC, OJ L 189, , p OJ L151.1, OJ L 189, PE v /6 CM\ doc