Prawna ochrona powietrza przed zanieczyszczeniami związanymi z prowadzeniem działalności rolniczej

Abstract

Air is a vital component of the environment and its nature determines the priority of protection, but air pollution is still the most serious environmental threat to human life and health. The aim of the article is to determine whether the air protection law takes account of the importance of the agricultural sector (its impact on air quality), and to what extent the legal provisions on this issue are determined by the specificity of agricultural activity. The article focuses on the recent results of European Union legislative activity in this area – in particular the Directive 2016/2284 of 14 December 2016 on the reduction of national emissions of certain atmospheric pollutants (NEC directive). To illustrate how agricultural activities’ specificity impacts air policy on prevention of air pollution, the theoretical assumptions on the specificity of agricultural law are included. The author points out that both EU and national laws on air protection against agricultural pollution is fragmentary. It is also not adequate for the impact of this sector on air quality. New NEC directive’s evaluation shows that it will not be able to compensate for the lack of consistent legislation on air protection against agricultural pollution. This is due to the significant reduction of requirements in relation to the original assumptions, the total exclusion of requirements for methane, the substantial reduction in ammonia’s requirements and the introduction of derogations under the “flexible approach”.