

Towards Zero Pollution by 2050, Europe is equipping itself with a new directive that updates air quality standards for pollutants, with objectives to be achieved by 2030 and more closely aligned with the guidelines of the World Health Organization (WHO).
The pollutants referred include PM10 and PM2,5 particulate matter, nitrogen dioxide, sulphur dioxide and sulphur dioxide, all of which are known to cause respiratory problems and poor air quality that affects almost the entire population.
The directive also establishes fair access to justice and the right to compensation for citizens whose health is affected by air pollution. The Council formally adopted the directive on 14 October 2024.
“The new rules will contribute to the EU's objective of achieving zero pollution by 2050 and help prevent premature deaths due to air pollution. EU citizens will be able to claim compensation for damage to their health caused by non-compliance with EU air quality rules”. (1)
The bad air that we breathe causes respiratory and health problems. According to the European Environment Agency, every year around 300 people in Europe die prematurely due to air pollution. In 2021 it represented the second cause of death for children. (2)
In 2021, 97% of the population living in urban areas was exposed to concentrations of fine particulate matter (PM2,5, the most harmful air pollutant) higher than the levels mentioned in the most recent WHO guidelines.
Exposure to fine particulate matter 238 premature deaths in 2020, a number 12 times higher than the number of road accident victims in the same year.
Despite the commitments, emission levels still remain above recommended levels. Reducing air pollution is therefore essential to protect human health and the planet.
The new directive therefore sets more stringent air quality standards for 2030, as an intermediate step towards achieving the zero pollution objective and contributing to a toxic-free environment by 2050.
We align ourselves more to WHO guidelines. The standards will also cover emission limits, average exposure reduction requirements and alert thresholds. For example, for fine particulate matter (PM2,5), which is responsible for the largest number of early deaths in Europe, the annual limit value will be reduced from 25 µg/m³ to 10 µg/m³ (the WHO guidelines value is 5 µg/m³).
“The average exposure of the population to pollutants with the highest documented impact on human health, namely fine particulate matter (PM2,5) and nitrogen dioxide, should be reduced on the basis of the most recent WHO recommendations. To this end, in addition to the limit values, but not as a replacement for them, an obligation to reduce average exposure should be introduced as a complementary air quality standard”, we read in the directive. (3)
“It is appropriate to set a threshold of warning and an information threshold for sulphur dioxide, nitrogen dioxide, particulate matter (PM10 and PM2,5) and ozone in order to protect the health of the population in general and, in particular, of vulnerable categories and sensitive groups from short-term exposure to high concentrations of pollutants”.
The reference date for the new standards is 2030. However, the possibility of a postponement of the date remains.
“The Member States may request that the 2030 deadline be extended if specific conditions are met,” explains the Council.
In the directive, in fact, it is written that “For areas where conditions are particularly difficult, it should exceptionally be possible to extend the deadline by which compliance with air quality limit values must be ensured in cases where, despite the implementation of adequate abatement measures, acute compliance problems persist in specific areas. Any extensions for a given area should be accompanied by a comprehensive roadmap submitted to the Commission for assessment.”
Then there is the compensation for damage to human health, with a strengthening of citizens' access to justice. The directive allows those with a sufficient interest, including NGOs, to challenge its implementation.
The norms therefore require Member States to ensure that people can claim and obtain compensation if they have suffered damage to their health as a result of an intentional or negligent infringement of the national provisions implementing the Directive.
“The Member States ensure that natural persons whose health suffers damage as a result of an infringement of the national provisions transposing (…) this Directive, committed intentionally or negligently by the competent authorities, have the right to seek and obtain compensation for that damage” (art. 28 paragraph 1).
The states will have two years to transpose the directive into national law.
Sabrina Bergamini
(1) Air quality: Council gives final green light to strengthen standards in the EU https://www.consilium.europa.eu/it/press/press-releases/2024/10/14/air-quality-council-gives-final-green-light-to-strengthen-standards-in-the-eu/
(2) Air quality https://www.consilium.europa.eu/it/policies/air-quality/
(3) DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on ambient air quality and cleaner air for Europe https://data.consilium.europa.eu/doc/document/PE-88-2024-INIT/it/pdf