Defra: Consultation on the Transposition of Directive 2008/50/EC of the European Parliament and of the Council of 21 May 2009 on ambient air quality and cleaner air for Europe
(2009)
JNCC Consultation 0940
Submission by the Joint Nature Conservation Committee
Enclosed is JNCC's response to the consultation on the Transposition of Directive 2008/50/EC of the European Parliament and of the Council of 21 May 2009 on ambient air quality and cleaner air for Europe. Submitted in January 2010.
 
 

Summary of key points

 
Our response is confined to aspects of the legislation and transposition affecting nature conservation policies and objectives.  As a result, we have no comment on the impact assessment as it solely relates to the introduction of the new provisions for PM2.5.  We note the UK Government is likely to apply for an extended deadline to meet compliance with the NO2 limit value and we will comment on that in response to the consultation at that time.
 
We also do not have any comments to make directly on the draft Regulations.  However, we do provide advice in relation to the implications of some provisions of the Directive, which are transcribed into the Regulations.
 
In our response to Defra’s consultation on the Air Quality Strategy (AQS) in 2006, and previously, we raised concerns that the AQS does not require the vegetation objectives for NOx and SO2 to be met in ‘exclusion zones’ (i.e. in areas less than 20km from an agglomeration or less than 5km from built up areas, major roads or Part A process).  This is derived from the provisions of the 1st Air Quality Daughter Directive.  We advised Defra that this conflicts with the UK’s nature conservation commitments, for example, Article 6 of the Habitats Directive which requires prevention of deterioration to Special Areas of Conservation (SACs).
 
 
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Please cite as: JNCC Consultation 0940, (2009), Defra: Consultation on the Transposition of Directive 2008/50/EC of the European Parliament and of the Council of 21 May 2009 on ambient air quality and cleaner air for Europe, Submission by the Joint Nature Conservation Committee