Commission decides to refer Romania to the Court of Justice of the European Union for failure to comply with EU clean air and industrial emissions legislation

The Commission decided to refer Romania to the Court of Justice of the European Union in two cases - for failing to comply with EU rules to tackle industrial pollution and to adopt an air pollution control programme.   In the first case, Romania has not ensured that three industrial plants operate with a valid permit under the Industrial Emissions Directive (Directive 2010/75/EU) in order to prevent or reduce pollution. In the second case, Romania has not adopted its first national air pollution control programme under Directive (EU) 2016/2284 on the reduction of national emissions of certain atmospheric pollutants (the “NEC Directive”).   The European Green Deal, leading the EU to Zero Pollution levels, puts emphasis on cutting air pollution, which is among the key factors affecting human health. Full implementation of EU legislation is key to effectively protect human health and safeguard the natural environment.   The Industrial Emissions Directive lays down rules designed to prevent and reduce harmful industrial emissions into air, water and land and to prevent the generation of waste. Under the Directive, industrial installations are required to have permits to be able to operate. In the absence of a permit, compliance with emission limit values, in particular, cannot be checked and environmental and human health risks cannot be effectively avoided. Three industrial plants in Romania do not have a permit yet ensuring that their emissions into air do not exceed the emission limit values set by EU law. Under the NEC Directive, Member states are obliged to draw up, adopt and implement national air pollution control programmes. Those should include measures to achieve levels of air quality that do not give rise to significant negative impacts on and risks to human health and the environment.   The Directive establishes reduction commitments for the Member states' emissions with regard to five air pollutants (sulphur dioxide, nitrogen oxides, non-methane volatile organic compounds, ammonia and fine particulate matter - PM2.5) on which Member states have to report annually. Romania should have provided its first national air pollution control programme to the Commission by 1 April 2019, but has not yet adopted it.   The Commission is therefore referring Romania to the Court of Justice of the European Union for both of these cases.   Background On the first case, before referring Romania to the Court for failing to comply with the Industrial Emissions Directive, the Commission had sent a Letter of Formal Notice in July 2018, an additional Letter of Formal Notice in July 2019 and a Reasoned Opinion in July 2020.   On the second case, before referring Romania to the Court of Justice for failing to comply with the NEC Directive, the Commission had sent a Letter of Formal Notice in February 2020 and a Reasoned Opinion in October 2020.