New EU Air Quality Directive

Adoption by the EU Environment Council took place on 14 October 2024. The Directive was published in the Official Journal of the EU on 20 November and entered into force on 10 December.

The EU air quality standards are being aligned more closely with the latest recommendations of the World Health Organization (WHO) and are to be reviewed regularly in line with the most recent scientific evidence. This represents an important step towards achieving the EU objective of ensuring an environment as free from pollution as possible by 2050. In addition, the rules on air quality monitoring are being tightened, the use of modelling applications as an assessment method is being strengthened, greater clarity is being provided regarding access to justice, more effective sanctions and compensation claims are being established, and better public information is being ensured.

The new requirements will help to further reduce air pollution effectively, lower health risks and thus increase the number of healthy life years. Statistically, around 300,000 premature deaths per year in the EU are still attributable to exposure to air pollutants. Vulnerable and socio-economically disadvantaged population groups are particularly affected and will receive increased attention in the future.

New EU Air Quality Directive published in the Official Journal of the EU

Although air quality in the EU has improved significantly over the past three decades, air pollution remains the leading environmental cause of premature death. Children, older people and individuals with pre-existing conditions, as well as socio-economically disadvantaged groups, are disproportionately affected. Air pollution also has negative impacts on the environment: it damages ecosystems and reduces biodiversity. In addition, it causes enormous macroeconomic costs, which far exceed the costs of measures to improve air quality.

Previously, two air quality directives were in force: Directive 2004/107/EC (EUR-Lex) relating to arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons (the fourth Daughter Directive), and Directive 2008/50/EC on ambient air quality and cleaner air for Europe (Air Quality Directive). The revision and consolidation of these two directives were proposed by the Commission in October 2022 as an integral part of the EU Action Plan towards Zero Pollution for Air, Water and Soil under the European Green Deal.

Following intensive negotiations lasting several months, the Council and the Parliament agreed on the text of the new directive. The Directive was adopted by the plenary of the European Parliament on 24 April 2024 and by the EU Environment Council on 14 October 2024. Publication in the Official Journal of the EU took place on 20 November, and the Directive officially entered into force on 10 December.

Key Elements of the Agreement at a Glance

Tightening of Air Quality Standards and Possibilities for Extensions

From 2030 onwards, stricter air quality standards will apply, aligned with the latest WHO air quality guideline recommendations, and are to be reviewed regularly by the Commission.

The new Directive continues to regulate a wide range of air pollutants, including fine particulate matter (PM₂.₅ and PM₁₀), nitrogen dioxide (NO₂), sulphur dioxide (SO₂), benzo(a)pyrene, benzene, heavy metals (arsenic, lead, and nickel) in the PM₁₀ fraction, and ozone. It sets specific limit or target values for each of these pollutants. For example, the annual mean limit values for the pollutants with the greatest impact on human health—PM₂.₅ and NO₂—are reduced from 25 µg/m³ to 10 µg/m³ and from 40 µg/m³ to 20 µg/m³, respectively.

However, for compliance with the limit values for particulate matter, nitrogen dioxide, benzo(a)pyrene, and benzene, an extension request can be submitted until 31 January 2029 for a maximum period of 10 years, provided certain reasons exist. Approval by the Commission is granted only under specific and relatively strict conditions: by the end of 2028, so-called “roadmaps” must be prepared, including measures and projections, demonstrating that the exceedance period is kept as short as possible and that the relevant limit value will be met by the end of the extension period. During the extension period, the roadmaps must be updated regularly and progress reports submitted.

“Roadmaps,” Air Quality Plans, and Short-Term Action Plans

Member States are required to:

• Submit a “roadmap” by 31 December 2028 if pollutant concentrations are expected to exceed the limit or target values to be achieved by 2030 from 2026 onwards, and compliance cannot be ensured with existing measures.

• Prepare air quality plans from 2030 onwards for areas where the limit and target values set in the Directive are exceeded, including appropriate measures.

• Announce short-term action plans (for example: traffic restrictions, suspension of construction work) to reduce immediate risks to human health in areas where there is a risk of exceeding alert thresholds.

Review Clause

The Commission is required to review the new air quality standards for the first time by the end of 2030 and thereafter at least every five years. This review will specifically assess any need to adjust the standards in line with the latest WHO guidelines and the most recent scientific findings.

Based on these reviews, the Commission may also submit proposals to revise the air quality standards, to include additional (currently unregulated) pollutants—such as ammonia, ultrafine particles, and black carbon—and to adopt further measures at the EU level.

Access to Justice and Right to Compensation

The new Directive provides greater clarity regarding access to courts, establishes more effective sanctions, and ensures that citizens have the right to compensation if their health is adversely affected as a result of a deliberate or negligent breach by enforcement authorities of national rules implementing certain provisions of the Directive.

Next Steps

After the Directive enters into force, Member States have two years to transpose it into national law. Work on this has already begun and will be carried out in close coordination with the federal states, the Federal Environment Agency, and other stakeholders.