Air Quality: a case for lawyers and NGOs action in Portugal?
Capacity Building Workshop
Lisbon – 19 May 2015
Air quality
legal cases in
Portugal
Mafalda Sousa
Quercus – Associação Nacional
de Conservação da Natureza
Quercus – National Association for
Nature Conservation

Environmental NGO

Non-profit

Since 31st October 1985

Lisbon headquarters

Mostly voluenteer based work

18 local groups

Working groups
Energy and Climate Change Group
3

Climate change policy – mitigation and adaptation

Energy policy
Renewables and energy efficiency

Transport policy

Air quality

Noise

Awareness activities
EU and national projects

Background
• Follow air quality policy at EU and national level
• Monitor air quality data
• Write complaints to European Commission
• Provide awareness to decision-makers
• Communication activities
• Joint actions
National TV shows
Communication
Leaflets/bookmarkers
National radio show
Website & social
networks
Opinion articles
Fairs & exhibitions
Newspaper
Actions and campaigns on air quality
• Public consultations (e.g. National Air Strategy 2020)
• Joint actions
Quercus legal case
Quercus/Nabu: impact of
cruise ship emissions
Launch of Soot free city
ranking – Lisbon 23rd place
Air pollution: public concern in Portugal?
• 6.000 premature deaths due to PM2.5 and O3 levels
(EEA, 2014)
• 5-15 million Euros annually on health costs (50%
related to road traffic emissions)
•13 cities above WHO guideline for PM10 (annual average
20 µg/m3), 10 cities above WHO guideline for PM2.5
(annual average 10 µg/m3) (WHO, 2014)
Air pollution: public concern in Portugal?
Eurobarometer 81.3 (2014):
• Air quality degradated in the last decade (>50%)
• EU should apply additional measures (87%)
• Priority on transport emissions (61%)
• More information on air quality status and health
impacts (47%)
• Support stricter road traffic restrictions, e.g. LEZ,
congestion charges (36%)
Institutional framework
Organizations
Roles
Agência Portuguesa do
Define national air quality policy and
Ambiente
strategy
(Portuguese Environment Agency)
Manage a national AQ database QualAr
Comissões de Coordenação e Manage AQ regional networks
Desenvolvimento Regional
Report to the European Commission
(Regional authorities - CCDR)
Prepare and implement AQ plans
IMT, municipalities, public
Share responsabilities on the
transport companies,…
implementation of AQ measures
Quercus legal cases
Background
LIFE+ project Clean Air
9 EU NGOs take action to improve implementation of the Air
Quality Directive on national and local levels
Despite the existing legislative framework and the citizens’ right to
clean air, violation of air quality legislation – also in Portugal remains a problem to be solved and threatens health, environment
and climate.
Quercus legal cases
Background
Under a grant provided by DUH, Quercus has 3 main tasks:
1. Bring legal action(s) to an administrative court in
Portugal;
2. Increase public awareness regarding urban pollution
and health impacts;
3. Promote the effective implementation of measures
proposed under the regional plans and programs to
improve air quality.
Quercus legal cases
Case 1
When?
9 March 2015 (delivered to court)
Where?
Administrative court of Lisbon area
Objective?
Call authorities involved in the implementation of a measure set by AQ
plans and programs: set HOV+BUS+E lanes in the main corridors of
Lisbon and Porto cities. If authorities are unable to implement, Quercus
calls for additional measures to the court.
Quercus legal cases
Case 1
Targets?
- Presidency of Ministers Council, responsible for regional
authorities on air quality (CCDR-LVT and CCDR-N)
- Portuguese Environmental Agency (APA)
- Institute for Mobility and Transport (IMT)
Why?
- There are air quality plans in force for Lisbon and Tagus River Valley
Region (NO2/PM10) and North Region (PM10)
- Execution programs approved set legally binding measures
- Complex measures have a calendar of phased implementation and
shared responsibilities (e.g. LEZ, HOV+BUS+E lanes)
Quercus legal cases
Case 1
Why?
- Phased implementation failed and deadlines not
met
- Only a preparatory study was made to select a
pilot lane; budget constraints to move forward
- Measure proven effective to reduce traffic and
pollution, other benefits associated (e.g. shift
towards public transportation)
Similar lanes in other cities: Barcelona,
Madrid, Leeds, Amsterdam…
Quercus legal cases
Case 2
When?
June 2015
Where?
Administrative court of Lisbon area
Objective?
Call regional authority CCDR-N to prepare and deliver two execution
programs (for NO2 - North Region and PM10 - Braga agglomeration)
setting legally binding measures to comply with plans approved by
national laws of June 2014.
Quercus legal cases
Case 2
Targets?
- Presidency of Ministers Council, responsible for regional
authorities on air quality (CCDR-N)
Why?
- Air quality plans have been approved on 3rd June 2014 (NO2 for North
Region, and PM10 for Braga agglomeration, both CCDR-N responsibility)
- Measures are mandatory only after approval by decree of the execution
program (deadline is 6 months after the plan approved)
- Execution programs not approved in the timeframe set by the national
legislation (3rd December 2014)
Conclusions
• Plans are late prepared and approved by
national law considering the period of non
compliance of AQ limits
• Measures set by plans and programs have
been ineffective to improve air quality
through time
• Some of the most ambitious measures
have not been implemented (e.g. LEZ of
Porto, HVO+BUS+E lanes) or even
considered
Conclusions
• Other measures implemented show some progress on improving
air quality, but have low ambition requirements and inforcement
rules (e.g. LEZ of Lisbon)
• Governance issues delay the implementation of measures at
supramunicipal level
• Need for more information and active role by national and EU
institutions
• NGO legal actions aim to call public attention for air quality
impacts, and overcome the implementation barriers of plans and
programs in Portugal
Obrigada!
Thank you!
[email protected]
www.ecocasa.pt