Air pollution causes 4,000 early deaths each year in London alone and poses a particular danger to children and those with existing health conditions.

The court case, brought by environmental lawyers at Client Earth, concerns 16 cities and regions which government plans show will suffer from illegal levels of nitrogen dioxide, a toxic gas – until as late as 2020 or 2025.

The Supreme Court confirmed that because the Government is in breach of the EU Air Quality Directive “the way is open to immediate enforcement action at national or European level”. However, before deciding whether to take further action to enforce the law, it has referred a number of legal questions to the Court of Justice of the European Union.

Jean Lambert, Green Party Member of the European Parliament for London and an honorary founder member of Clean Air London said:

“This ruling confirms what many of us have been saying for a long time: The UK Government must do more to protect the population from harmful levels of air pollution.

For too long we’ve seen action on air pollution happening at a snail’s pace. The government must take heed of this ruling and get to work on drastically reducing the levels of pollution in our towns and cities.”

James Thornton, ClientEarth CEO, said: “This historic ruling marks a turning point in the fight for clean air and will pile the pressure on Owen Paterson.

Faced with court action on two fronts, he must now come up with an ambitious plan to protect people from carcinogenic diesel fumes. Until now, his only policy has been lobbying in Europe to try and weaken air pollution laws.”

“The Supreme Court recognised that this case has broader implications for EU environmental law: The Government can’t flout environmental law with impunity. If the Government breaks the law, citizens can demand justice and the courts must act.”

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Jean Lambert, Green MEP for London, has condemned the Mayor of London for failing to take the radical and immediate action necessary to tackle air pollution in the capital, and has urged the European Commission to stand firm on the UK’s blatant and consistent breaches of EU air quality law.

Under EU law, the UK must ensure that PM10 levels do not go over a certain level more than 35 days per calendar year {1}.  Neasden Lane is the first place in London to breach this legal limit in 2012, yet some 15 places across London have exceeded the limits on 17 days or more this year, including Marylebone Road, Swiss Cottage and the Blackwell Tunnel.

The EU Environment Commissioner, Janez Potocnik, has recently confirmed that he will reinvestigate the UK’s application for a time extension to comply with legal limits for PM10 particles.

Speaking on the day of the breach, Jean said: “The fact that London continues to have the dirtiest air in the UK and is one of the most polluted places in Europe is an utter disgrace. Research shows that air pollution could be responsible for thousands of premature deaths a year.  Not only is this a great tragedy, but it places an enormous burden on the health service which could be avoided.

“Yet instead of tackling air pollution and the health risks it poses, the Mayor of London seems intent on ‘fooling’ air monitoring stations, such as those at Neasden Lane, and of finding ever new ways to sidestep vitally important EU legislation which is aimed at protecting the public from this invisible health crisis.  Citizen’s health must come first, and the European Commission now needs to follow through and show that there are real consequences when Member States don’t comply with crucial environmental law.”

Notes to Editor

1. Limit values for PM10 impose both an annual average concentration value of 40 micrograms and a daily concentration value of 50 micrograms which must not be exceeded more than 35 times per calendar year.  These entered into force on 1st January 2005.

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Commissioner Potocnik was responding to a complaint submitted by air pollution campaign group, Clear Air in London, which was formally supported by Jean Lambert, Green MEP for London, and Keith Taylor, Green MEP for the South East [1]. The complaint also calls on Commissioner Potocnik to take legal action against the UK for breaching the annual mean and hourly limits for nitrogen dioxide (NO2), a toxic gas, in 17 zones of the UK’s 43 zones, including London.  The Government has failed to request time extensions for these zones to meet ‘safe’ levels of NO2, as set out in EU air quality legislation.

In his response, Commissioner Potocnik explains that the Commission will now reassess notifications submitted by the UK Government on NO2 in September and December of 2011.  These notifications fail to set out measures to bring air pollution within EU legal limits by 2015, and instead indicate that these 17 areas may not achieve the limits until 2020.  The notifications also make clear that Greater London may not achieve the limits much before 2025.

Jean Lambert, Green MEP for London said: “I am delighted by the Commissioner’s response, which confirms that the Commission is willing to take another look at the evidence submitted by the UK Government.  We know that 29,000 people die prematurely in the UK each year because of air pollution – this is more people than die, or sustain serious injuries, in road traffic accidents.  It is clear that something, somewhere, is going dramatically wrong.  Also, how selective was the Government when it submitted its notifications on these problematic areas? If it had not submitted notifications for Greater London and 16 other areas, would the Commission have been more concerned? Answers to these questions must now be provided by the UK Government.”

Keith Taylor, Green MEP for South East England said: “The European Commission must look again at the UK’s air pollution data and the government’s woefully inadequate plans to improve air quality. The government has already admitted that in 17 UK zones it may not be able to meet the EU limits until 2020 and in London they may not be met until 2025. This makes a mockery of EU law in place since 1999 and earlier which exists to protect people from breathing in dirty air which can lead to health problems and premature death. The European Commission now needs to follow through and show that there are real consequences when member states don’t comply with crucial environmental legislation.”

END

Notes to Editor

1. The Commissioner’s response reads as follows:

Dear Ms Lambert,

Thank you for your letter of 30th January 2012 in which you offer your support to the complaint now lodged and registered with the Commission as submitted by the Clean Air for London (CAL) group.

With regard to the first part of this complaint, you indicate that you are of the view that the United Kingdom has unlawfully obtained a time extension for PM10 emissions in London because the public was not consulted on time on the updated air quality plan.  We will now be asking the UK authorities to comment on these allegations through the EU pilot process and will inform CAL and yourself of the reply we receive.

The second part of the complaint concerns that the PM10 daily limit value has already been breached in Neasden Lane in London in 2011 and that as a result infringement action should be started.  I must clarify our approach to following up such allegations of individual breach: compliance is verified once the Commission is in receipt of the annual air quality report for 2011 which the United Kingdom is due to provide to us by 30th September 2012.  Once this has been provided we will be in a position to properly verify compliance and decide on the action that is required.

With regard to the last part of the complaint in which CAL asks the Commission to consider initiating infringement proceedings due to the fact that 17 zones were exceeding NO2 limit values in 2010 and have not requested a time extension, you will be aware that the United Kingdom has provided the Commission with information of notifications for NO2 compliance in September and December 2011.  These notifications were initially accepted by the Commission as notifications made according to Article 22 of Directive 2008/50/EC.  However, in light of concerns raised by CAL and the information arising from the national court action by Client Earth, the Commission is verifying whether it was correct to assess all notifications received from the United Kingdom, including the one covering London, in accordance with Article 22.

Once we have obtained the information and clarification sought from the United Kingdom as outlined above we will be in a position to provide you with a more substantive update.

Yours sincerely,

Janez Potocnik

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Pollution levels at Blackstock Road, the site of one of London’s many air pollution monitors, are currently rated as ‘Very High’, by the Government’s Daily Air Quality Index.  At this level, the Government advises that adults and children should reduce all physical exercise outdoors, such is the concentration of airborne pollutants, whilst those with asthma are warned that they may have to use their inhaler more frequently.

NO2 and other forms of vehicle-related air pollution have recently been linked to higher rates fo asthma in children and to cardio-vascular disease.  Worryingly, pollution levels at child height have been found to be double those at the height of adults.

Caroline Allen said: ‘”Yesterday I woke with itchy eyes and a sore throat; when I saw the air pollution data I realised why. It is not acceptable that the residents of Islington are having their health damaged in this way. Islington has very high levels of hospital admissions for asthma and other respiratory disease and I’m angry that nothing is being done, maybe because air pollution an invisible killer. The Council thinks we should accept this as a consequence of living in an Inner City Borough – that’s a shocking attitude”.

Jean said: “Air pollution causes more than 4,300 premature deaths in London every year, and research tells us that at a child’s height, the pollution levels can be twice as bad for adults.  Yet instead of tackling pollution and the health risks it poses, the Mayor of London seems intent on ‘tricking’ air monitoring stations and finding ever new ways to sidestep EU legislation; laws which are aimed at protecting the public from this invisible health crisis.  Citizen’s health must come first, and City Hall must take every effort to clean London’s air without delay.”

END

Notes to Editor

1. Nitrogen dioxide levels are up to 75 per cent higher than EU limits according to new research conducted by Mapping for Change – a social enterprise that exists to support the development of sustainable communities.

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European law currently dictates that Member States must ensure that dangerous airborne particles known as PM10 do not go over a certain level more than 35 days per calendar year [1]. Despite a final warning from the European Commission in March, which saw the UK granted a further three months to meet legally binding air quality standards, London’s air pollution has today breached safety standards for the 36th day punishable by a fine of up to £300 million.

Speaking on the day of the breach, Jean said: “The fact that London has the dirtiest air in the UK is an utter disgrace. It is not just the matter of a £300 million fine.  It is estimated that the equivalent of over 4,000 people died prematurely in 2008 in London as a result of air pollution [2].  Not only is this a tragedy for their families, but it places an enormous burden on the health service and could be avoided.

“Claims that the Mayoral Air Quality Strategy is ‘extremely ambitious’ would be laughable if the situation wasn’t so tragic. Boris has shown little consideration for the health or quality of life of Londoners by rolling back the Western Extension of the Congestion Zone, attempting to abolish the third phase of the Low Emission Zone and dispensing the six monthly inspections of taxis. I urge the Mayor and the UK government to take, without delay, the necessary emergency action to get to grips with this invisible public health crisis.”

Notes for Editors

[1] Limit values for PM10 impose both an annual average concentration value of 40 micrograms and a daily concentration value of 50 micrograms which must not be exceeded more than 35 times per calendar year.  These entered into force on 1 January 2005.

[2] To read the Institute of Occupational Medicine’s full report on ‘Estimation of Mortality Impact of Particular Air Pollution in London’ visit: http://www.london.gov.uk/sites/default/files/Health_Study_%20Report.pdf

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