10 million euros per semester, or more than 54,000 euros per day. The State Council on Friday ordered the government to take measures to reduce air pollution in several cities and regions, on pain of a record penalty for each six months late.
This penalty is the "highest" amount ever imposed "to compel the state to execute a decision made by the administrative judge," said the Council of State, which had already ruled three years ago that the state did not meet its commitments in this area.
The Council of State orders the Government to take measures to reduce air pollution, under penalty of € 10 million per semester late
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Nine zones still in the red
In this previous decision of July 2017, the Council of State, seized by the NGO Les Amis de la Terre, had enjoined the State to implement plans to reduce levels of PM10 particles (diameter less than or equal at 10 microns) and / or nitrogen dioxide (NO2, a pollutant associated in particular with road traffic) in thirteen zones.
According to the Council of State, the limit values of pollution remain exceeded in nine zones in 2019 - last year for which the Government provided the Council of State with complete figures -: the Arve Valley, Grenoble, Lyon, Marseille -Aix, Reims, Strasbourg and Toulouse for nitrogen dioxide, Fort-de-France for fine particles, and Paris for nitrogen dioxide and fine particles.
The institution considers that, except for the Arve valley, the State has not taken sufficient measures, "decides to impose on the State a penalty of 10 M € per semester as long as it will not have taken the measures that have been ordered, "he said in a statement.
The sum paid to the applicant NGOs
Why such a sum? "This penalty of 10 million euros per semester, or more than 54,000 euros per day, was fixed taking into account the time elapsed since its first decision, the importance of compliance with European Union law, the gravity of the consequences in terms of public health and of the particular urgency which results from it, specifies the institution.
The Council of State gives the state six months to act. Where appropriate, it specifies that "for the first time" the penalty payment could be paid to the applicant NGOs but also to public legal entities "having sufficient autonomy from the State" or private for non-profit purposes. lucrative, taking action in this area of air quality.
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During the hearing last week, the public rapporteur, who had asked for this penalty, had notably mentioned Ademe (Agency for ecological transition).