Six months to harden the device against air pollution. Summoned several times to reduce the level of air pollutants, the French government now faces the threat of record fines. The Council of State announced Friday July 10 a penalty of 10 million euros per semester, which will become effective if measures are not put in place during the next six months.

On July 12, 2017, the Council of State ordered the State to implement plans to reduce levels of PM10 particles (diameter less than or equal to 10 microns) and / or nitrogen dioxide (NO2, polluting in particular associated with road traffic) in thirteen cities and regions.

But three years later, the state has not "taken sufficient measures to ensure the full execution of this decision" in eight of these areas, said the highest French administrative court in a new decision issued Friday.

Despite "roadmaps" adopted for the thirteen zones, the pollution limit values ​​are still exceeded in six zones for NO2 (Lyon, Marseille-Aix, Reims, Grenoble, Strasbourg and Toulouse), in Fort-de-France for PM10 and in Paris for the two pollutants.

The limits are also exceeded in the Arve valley (Haute-Savoie), but the action plan for this area includes "detailed" and "credible" measures to reduce pollution by 2022. It is therefore for the eight major cities that the state is doomed.

Given the delay, the importance of compliance with European rules, "the seriousness of the consequences" in terms of public health and "the urgency that results", the Council of State has therefore imposed a penalty of 10 million euros per semester.

It is "the highest amount" ever imposed "to compel the state to execute a decision made by the administrative judge," said the Council of State in a statement. Amount which may be revised, downward or upward, at the end of the first six months granted to the State to take measures, then thereafter at each half-yearly term.

"For the first time", the periodic penalty payment could be paid to the applicant NGOs, but also to public legal persons "having sufficient autonomy from the State" or private non-profit making actions in this area of ​​air quality.          

A militant victory

During the hearing last week, the public rapporteur, who had requested this penalty, had in particular mentioned Ademe (Agency for ecological transition) as a possible beneficiary.

"It is a great satisfaction. It means that the Council of State takes into consideration the major issues related to air quality", welcomed Me Louis Cofflard, lawyer of Friends of the Earth, who had claimed 100,000 euros per day late, almost twice as much.

"And above all, the Council of State seems to give itself the means of its authority with a totally unprecedented fine. It is a victory for the rule of law," he told AFP, stressing that the applicants' objective was not money, but the application of the original decision.

"Victory!", Welcomed the NGO Notre Affaire à tous on Twitter. "Inaction in the face of environmental degradation and climate change must stop."

"Air pollution is not inevitable. Solutions exist!" Commented in a press release Olivier Blond, director of the Respire association.

"Beyond the fines, tens of thousands of lives are at stake each year," he added, presenting in particular "20 measures to do away with diesel" (exclude diesel vehicles from premiums to conversion, prohibiting the entry of diesel touring coaches into city centers, encouraging the transport of goods by rail, etc.).

Based on values ​​set by European directives, exposure to the main air pollutants (fine particles, ozone, benzene, nitrogen dioxide and sulfur dioxide) must not exceed certain concentrations, on one day and on one 'the whole year.

While the situation has generally improved over the past 15 years in France, these standards are regularly exceeded in large cities or in industrial areas.

France is regularly called to order by the European Commission, which had not been convinced by the action plans presented for the most polluted areas in France.

With AFP

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