The government responds to the criticisms of the Council of State. He promises to review his pollution control plan, and has already announced several measures.
The Council of State left little choice to the government. In the fight against pollution, we must do better. Seized by the association Les Amis de la Terre, the supreme court concluded that the French population is not sufficiently protected by the current measures. This July 12, she therefore enjoins the French State to review its roadmap.
Since 2008, the member countries of the European Union must all respect the same outdoor pollution thresholds. This concerns, in particular, fine particles (PM10) and nitrogen dioxide (NO2). But France is struggling to fall into line.
In the eyes of Suzanne Von Coester, public rapporteur for the case, the exceeding of European thresholds is “flagrant, significant, persistent and old”. Indeed, 15 administrative areas are regularly exposed to an excess of fine particles and NO2.
A notice before March
This non-compliance with European rules has no reason to exist, according to the Council of State. And for good reason: there is a precedent that leaves no doubt on the subject. As early as 2014, the European Court of Justice clarified that governments have not only an obligation of means “but an obligation of result”.
In other words, air quality action plans are not enough. They must also prove effective. Otherwise, the state may be forced to continue the fight. And that is what the Supreme Court demands. By giving reason to the Friends of the Earth association, the Council of State annuls the government’s refusal to put in place additional measures.
The Prime Minister and the Minister of the Environment will therefore have to “take all the necessary measures” to draw up an air quality improvement plan. And this “in the shortest possible time”. The Council of State also demands that the plan be sent to the European Commission before March 31.
48,000 deaths per year
On the government side, the message has obviously been received. In one communicated together, the Ministers of Health and of the Environment are doing their my culpa. Agnès Buzyn and Nicolas Hulot evoke a “major health issue responsible for too many premature deaths in France, in particular due to background pollution”.
But the ministers also recall that measures have recently been adopted: the adoption of Crit’air vignettes, intended to limit traffic during pollution peaks, aid for the replacement of wood-burning heating appliances, etc. The Climate Plan, delivered public on July 6, also aims to reduce pollutants in the country. But the roadmaps have not yet been implemented.
As a reminder, France has been in the sights of Europe since 2009 because of non-compliance with pollution thresholds. In large cities, the maximum levels of fine particles and nitrogen dioxide are not respected. These two substances alone cause 48,000 premature deaths per year. In cities, this corresponds to 9 years less life expectancy, according to a Danish study.
.
