The EU limit values for NO2 have not been complied with in Germany for years. The ECJ has issued a judgment.
Luxembourg – The air pollutant nitrogen dioxide is to blame that Germany is not doing well for the European judges. Limit values are said to have been exceeded in many cities for years, sometimes considerably. With this, Germany is violating EU law, the highest judges of the EU decided on Thursday in Luxembourg. The background to this is a lawsuit by the EU Commission that relates to the years 2010 to 2016.
What does that mean now? The ruling against Germany does not rule out new conditions. This could, for example, affect diesel vehicles in certain locations. At the same time, the air quality has improved in many German cities – among other things because of the Corona crisis. According to the Federal Environment Ministry, 90 cities exceeded the limit values in 2016 and have fallen every year since then. In 2019 there were only 25 cities, in 2020 only six.
Judgment of the ECJ against Germany: nitrogen oxide exceeds limit values
The EU Commission justified the lawsuit from 2018 against Germany by stating that the annual limit values for nitrogen dioxide had been systematically and continuously exceeded in 26 areas since 2010. The cities affected included Berlin, Hamburg, Munich and Stuttgart.
The ECJ upheld these arguments. With the increased limit values, Germany had violated its obligation under the air pollution control line, “that no suitable measures were taken to ensure compliance with the limit values for NO2 in all areas from June 11, 2010,” the court said.
Federal government defends itself – Schulze points to progress against nitrogen oxides
The German government defended itself that the exceeding of the limit values was primarily to blame for the EU Commission – the EU Commission had not been vigorously committed to limiting nitrogen dioxide emissions from diesel vehicles. The court rejected this argument. Firstly, diesel vehicles are not the only cause of emissions; secondly, EU rules for vehicles cannot relieve countries from their obligation to comply with EU air pollution laws.
In a statement on the verdict, Federal Environment Minister Svenja Schulze (SPD) said that Germany had achieved “a lot for air quality in recent years”. “In 2016, the limit values were exceeded in 90 cities, in some cases considerably. In 2020 only a fraction of it will break the bar – that is a great success. ”Nevertheless, six cities with limit values exceeded are still six too many. “In addition, the new emission standards for diesel cars ensure more clean vehicles on the road, and not just on paper.” She referred to the federal government’s “Clean Air” program, which provides a total of 1.5 billion euros. The program enables bus fleets to be operated electrically or diesel buses to be retrofitted. In addition, measures in the cities themselves – such as speed limits of 30 km / h or retrofitting buses – make a valuable contribution to clean air.
ECJ ruling a “resounding slap in the face” for diesel lobbyists in the government
Deutsche Umwelthilfe welcomed the judgment of the ECJ against Germany. “The final conviction of the federal government by the highest European court is a resounding slap in the face for the diesel lobbyists on the government bench,” said the managing director Jürgen Resch on Thursday in Berlin. He called for quick consequences, including the change of road surfaces into protected bike paths and the shutdown or retrofitting of the almost ten million “fraudulent diesel”. This retrofit should be at the expense of the manufacturer.
“Since 2010 the federal governments have deliberately pursued a policy against the people in the country and ignored their obligation to keep the air clean,” said Resch. The judgment confirms the legal opinion of Deutsche Umwelthilfe.
Limit values for nitrogen oxide in the EU
40 micrograms per cubic meter of air on an annual average are the limit values for nitrogen oxide. In addition, there is a one-hour limit of 200 micrograms, which may be exceeded a maximum of 18 times a year. The nitrogen oxides, which are harmful to asthmatics, among others, arise during combustion processes, both in engines and in furnaces for coal, oil, gas, wood and waste. According to calculations by the European Environment Agency, several hundred thousand people died prematurely as a result of excessive air pollution.
Germany is called upon to act against nitrogen oxides
The EU Commission also called on Germany to act. All causes must be addressed, said a spokeswoman for the commission in Brussels on Thursday. She also addressed the emissions from older diesel vehicles. The federal government has a free hand in choosing the measures to reduce nitrogen oxides in the air. But they have to be effective and solve the problem as quickly as possible. “Therefore, the measures must address the main causes of the emissions,” said the spokeswoman. “The greater the exceedance, the more urgent the need to take drastic measures to protect the health of the citizens.” (Spr)
Header list image: © Sven Hoppe
