Keywords
Summary

Keywords

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Environment ° Atmospheric pollution ° Directive 85/203 ° Fixing of a limit value for nitrogen dioxide concentration ° Discretion for Member States to lay down stricter values ° Exercise in border regions ° Obligation to consult and inform ° Need to transpose into national legislation

(Council Directive 85/203, Arts 4 and 11)

Summary

Under Article 4 of Directive 85/203 on air quality standards for nitrogen dioxide, Member States may fix lower values than those laid down by the Directive and must, by virtue of Article 11, satisfy certain obligations to consult and give information when they intend to use that possibility in a region near the border with one or more other Member States. In order to ensure full and effective protection of the atmosphere against excessive nitrogen dioxide concentrations in border areas, it is essential that the Member State concerned should legislate expressly for the prior consultation required by Article 11(1) of the Directive to take place before measures affecting border areas are taken, and that such legislation should provide expressly for the consultation required by Article 11(2) to take place, in cases of significant pollution originating in a neighbouring Member State.

A transposition into national law of Article 4 of the Directive therefore constitutes an incomplete implementation of the Directive if it is not accompanied by transposition of Article 11, which imposes an obligation relating to the exercise of the discretion conferred by Article 4.