EUROPEAN PARLIAMENT
2009 - 2014
Committee on Petitions
31.1.2014
NOTICE TO MEMBERS
Subject:
1.
Petition 0123/2011 by R.R. (German), on air pollution in the Polish town of
Proszkow as a result of the burning of household waste
Summary of petition
The petitioner, who lives in the Polish town of Proszkow, claims that a large proportion of the
local population uses household waste as fuel, and that this is partly due to the fact that an
effective refuse collection service is not provided. The petitioner emphasises that the current
circumstances are leading to very serious air pollution that is harmful to health, and as the
Polish authorities have not intervened, he is asking the European Parliament to consider the
matter.
2.
Admissibility
Declared admissible on 10 May 2011. Information requested from Commission under Rule
202(6).
3.
Commission reply, received on 30 September 2011
The Commission's observations
Directive 2008/50/EC on ambient air quality and cleaner air for Europe1 lays down pollutant
concentration levels in ambient air which are not to be exceeded. According to the annual air
quality reports submitted by Poland, the PM10 2 limit values in force since 1 January 2005
have been exceeded during several years since then. It has been exceeded inter alia in the air
1
2
OJ L 152, 11.6.2008.
‘PM10’ means particulate matter with a diameter of 10 micrometers or less.
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quality zone where Proszkow (Opole) is situated.
The emissions from the combustion of coal, wood, wood residues or other solid fuels in small
appliances are currently not regulated at the European level. It is, therefore, up to the Member
States to regulate this activity and limit its environmental impacts. However, under the
Directive 2009/125/EC establishing a framework for the setting of ecodesign requirements for
energy-related products1, legislation is being developed for new solid fuel small combustion
installations placed on the market in the European Union. This legislation for ovens, stoves
and central heating boilers using wood or coal is expected in 2012. It will not only address
energy efficiency but also various air emissions, including particulate matter. It is expected
that this set of ecodesign requirements will contribute to better air quality in the future in all
Member States.
Furthermore as regards the burning of waste, it can only be incinerated in installations
meeting the requirements of the Waste Incineration Directive (WID, 2000/76/EC)2. The
technical requirements laid down in the directive are such that they are usually not met by
private households.
The Waste Framework Directive, 2008/98/EC3, however contains general provisions (see
Article 13 of that directive) stating that waste management should be conducted in a way that
minimizes impacts on health and environment, including nuisances as odour. Detailed
technical provisions fall within the competences of relevant national, regional or local
authorities of Member States.
Conclusion
On the grounds of exceedances of the PM10 limit values, the Commission has initiated an
infringement procedure against Poland for failure to apply the PM10 limit values. The
procedure is ongoing and will eventually lead to a Court referral should compliance not be
reached in the meantime.
4.
Commission reply (REV), received on 31 January 2014
In April 2013, the Commission addressed an additional letter of formal notice to the Polish
authorities for the persisting and long standing breach of the PM10 limit values laid down by
Directive 2008/50/EC4 on most of its territory, including Proszkow (Opole).
One of the key factors which determine the widespread situation of non compliance with air
quality limit values in Poland are the emissions from the combustion of coal, wood, wood
residues or other solid fuels in small appliances, which are currently not regulated at the
European level. It is, therefore, up to the Member States to take all the appropriate measures
including, where necessary, local bans on solid fuel combustion.
Given the environmental impacts of solid fuel combustion, legislation is being developed at
the EU level for new small combustion installation, in the framework of Directive
1
OJ L 285, 31.10.2009.
OJ L 332, 28.12.2000.
3
OJ L 312, 22.11.2008.
4
OJ L 152, 11.6.2008, p. 1–44.
2
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2009/125/EC establishing a framework for the setting of ecodesign requirements for energyrelated products1. Such legislation would apply to ovens, stoves and central heating boilers
using wood or coal, and its adoption is expected in 2014. However, as the new rules will
apply only to new installations, measures at the local level may still be needed as regards the
use of existing installations, where such installations are contributing to the exceedance of air
quality limit values for the protection of human health.
1
OJ L 285, 31.10.2009, p. 10–35.
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