REPORT on the proposal for a directive of the European Parliament and of the Council on ambient air quality and cleaner air for Europe (recast)

5.7.2023 - (COM(2022)0542 – C9‑0364/2022 – 2022/0347(COD)) - ***I

Committee on the Environment, Public Health and Food Safety
Rapporteur: Javi López
(Recast – Rule 110 of the Rules of Procedure)


Procedure : 2022/0347(COD)
Document stages in plenary

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a directive of the European Parliament and of the Council on ambient air quality and cleaner air for Europe (recast)

(COM(2022)0542 – C9‑0364/2022 – 2022/0347(COD))

(Ordinary legislative procedure – recast)

The European Parliament,

 having regard to the Commission proposal to Parliament and the Council (COM(2022)0542),

 having regard to Article 294(2) and Article 192 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C9‑0364/2022),

 having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

 having regard to the opinion of the European Economic and Social Committee of 22 February 2023[1],

 after consulting the Committee of the Regions,

 having regard to the Interinstitutional Agreement of 28 November 2001 on a more structured use of the recasting technique for legal acts[2],

 having regard to the letter of 27 June 2023 sent by the Committee on Legal Affairs to the Committee on the Environment, Public Health and Food Safety in accordance with Rule 110(3) of its Rules of Procedure,

 having regard to Rules 110 and 59 of its Rules of Procedure,

 having regard to the opinion of the Committee on Transport and Tourism,

 having regard to the report of the Committee on the Environment, Public Health and Food Safety (A9-0233/2023),

A. whereas, according to the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission, the Commission proposal does not include any substantive amendments other than those identified as such in the proposal and whereas, as regards the codification of the unchanged provisions of the earlier acts together with those amendments, the proposal contains a straightforward codification of the existing texts, without any change in their substance;

1. Adopts its position at first reading hereinafter set out, taking into account the recommendations of the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission;

2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

 


 

Amendment  1

Proposal for a directive

Recital 2

 

Text proposed by the Commission

Amendment

(2) In December 2019, the European Commission set out in its Communication ‘The European Green Deal’40 an ambitious roadmap to transform the Union into a fair and prosperous society, with a modern, resource-efficient and competitive economy, aiming to protect, conserve and enhance the Union’s natural capital, and to protect the health and well-being of citizens from environment-related risks and impacts. Specifically on clean air, the European Green Deal committed to further improving air quality and to aligning EU air quality standards more closely with the recommendations of the World Health Organization (WHO). It also announced a strengthening of provisions on air quality monitoring, modelling and planning.

(2) In December 2019, the European Commission set out in its Communication ‘The European Green Deal’40an ambitious roadmap to transform the Union into a fair and prosperous society, with a modern, resource-efficient and competitive economy, aiming to protect, conserve and enhance the Union’s natural capital, and to protect the health and well-being of citizens from environment-related risks and impacts. Specifically on clean air, the Commission committed itself to further improving air quality and to aligning EU air quality standards more closely with the recommendations of the World Health Organization (WHO). It also announced a strengthening of provisions on air quality monitoring, modelling and planning.

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40 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions The European Green Deal; COM(2019) 640 final.

40 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions The European Green Deal; COM(2019) 640 final.

Amendment  2

Proposal for a directive

Recital 4

 

Text proposed by the Commission

Amendment

(4) The Zero Pollution Action Plan also sets out a vision for the year 2050, where air pollution is reduced to levels no longer considered harmful to health and natural ecosystems. To this end, a staged approach towards setting current and future EU air quality standards should be pursued, establishing intermediate air quality standards for the year 2030 and beyond, and developing a perspective for alignment with the WHO Air Quality Guidelines by the year 2050 at the latest based on a regular review mechanism to take into account the latest scientific understanding. Given the links between pollution reduction and decarbonisation, the long-term objective to achieve the zero pollution ambition should be pursued hand in hand with reduction of greenhouse gas emissions as set by Regulation (EU) 2021/1119 of the European Parliament and of the Council42 .

(4) The Zero Pollution Action Plan also sets out a vision for the year 2050, where air pollution is reduced to levels no longer considered harmful to health and natural ecosystems. To this end, an ambitious approach towards setting current and future EU air quality standards should be pursued, establishing air quality standards for the year 2030 and at regular intervals beyond, and developing a perspective for continuous full alignment with the most up-to-date WHO Air Quality Guidelines in order to achieve the zero pollution objective by the year 2050 at the latest based on a regular review mechanism to take into account the latest scientific evidence. Given the links between pollution reduction and decarbonisation, the long-term objective to achieve the zero pollution ambition should be pursued hand in hand with reduction of greenhouse gas emissions as set by Regulation (EU) 2021/1119 of the European Parliament and of the Council42.

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42 Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (‘European Climate Law’) (OJ L 243, 9.7.2021, p. 1–17).

42 Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (‘European Climate Law’) (OJ L 243, 9.7.2021, p. 1–17).

Amendment  3

Proposal for a directive

Recital 4 a (new)

 

Text proposed by the Commission

Amendment

 

(4a) In September 2021, the WHO released new Air Quality Guidelines, based on a comprehensive synthesis of the scientific evidence on health effects of air pollution. The conclusions of these Air Quality Guidelines specifically stress the importance of lowering the pollution concentrations at every level and show clear benefits for public health and the environment of such actions. This Directive takes into account the latest scientific understanding and the need to fully align the Union air quality standards with the most recent WHO Air Quality Guidelines in order to fulfil the overall objectives of the Zero Pollution Action Plan.

Amendment  4

Proposal for a directive

Recital 4 b (new)

 

Text proposed by the Commission

Amendment

 

(4b) The societal benefits from the continued and improved reduction of air pollution far outweigh the costs involved. According to Commission estimates, the annual direct costs of complying with various policy scenarios analysed under the impact assessment accompanying this Directive are between EUR 3,3 billion and EUR 7 billion, and the monetised health and environmental benefits are between EUR 36 billion and EUR 130 billion in 2030, thereby demonstrating that benefits of the air quality policy greatly exceeded implementation cost. Since the year 2000, air-polluting emissions in the Union have steadily decreased as a result of Union and national legislation.

Amendment  5

Proposal for a directive

Recital 5

 

Text proposed by the Commission

Amendment

(5) In taking the relevant measures at Union and national level to achieve the zero pollution objective for air pollution, Member States, the European Parliament, the Council and the Commission should be guided by the ‘precautionary principle’ and the ‘polluter pays principle’ established in the Treaty on the Functioning of the European Union, and the ‘do no harm’ principle of the European Green Deal. They should, inter alia, take into account: the contribution of improved air quality to public health, the quality of the environment, the well-being of citizens, the prosperity of society, employment and the competitiveness of the economy; the energy transition, strengthened energy security and the tackling of energy poverty; food security and affordability; the development of sustainable and smart mobility and transport solutions; the impact of behavioural changes; fairness and solidarity across and within Member States, in light of their economic capability, national circumstances, such as the specificities of islands, and the need for convergence over time; the need to make the transition just and socially fair through appropriate education and training programmes; best available and most recent scientific evidence, in particular the findings reported by the WHO; the need to integrate air pollution related risks into investment and planning decisions; cost-effectiveness and technological neutrality in achieving air pollutant emission reductions; and progression over time in environmental integrity and level of ambition.

(5) In taking the relevant measures at Union and national level to achieve the zero pollution objective for air pollution, Member States, the European Parliament, the Council and the Commission should be guided by the ‘precautionary principle’, the ‘polluter pays principle’ and the ‘prevention and rectifying pollution at source principle’ established in the Treaty on the Functioning of the European Union, the ‘do no harm’ principle of the European Green Deal and the respect of the human right to a clean, healthy and sustainable environment. They should, inter alia, take into account: the contribution of improved air quality to public health, the quality of the environment and ecosystem resilience, the well-being of citizens, equality and the protection of sensitive population and vulnerable groups, healthcare costs, the achievement of the Sustainable Development Goals (SDGs), the role of civil society, the prosperity of society, employment and the competitiveness of the economy; the energy transition, strengthened energy security and the tackling of energy poverty; food security and affordability; the development of sustainable and smart mobility and transport solutions and their infrastructure; the impact of behavioural changes; the impact of fiscal policies; fairness and solidarity across and within Member States, in light of their economic capability, national circumstances, such as the specificities of islands, and the need for convergence over time; the need to make the transition just and socially fair through appropriate education and training programmes, including for healthcare professionals; best available and most recent scientific evidence, in particular the findings reported by the WHO; the need to integrate air pollution related risks into investment and planning decisions; cost-effectiveness, the best available technological solutions and technological neutrality in achieving air pollutant emission reductions; and progression over time in environmental integrity and level of ambition, guided by the non-regression principle established in the Charter of Fundamental Rights of the European Union.

Amendment  6

 

Proposal for a directive

Recital 5 a (new)

 

Text proposed by the Commission

Amendment

 

(5a) This Directive contributes to the attainment of the SDGs, in particular SDGs 3, 7, 10, 11 and 13.

Amendment  7

 

Proposal for a directive

Recital 6

 

Text proposed by the Commission

Amendment

(6) The ‘Eighth General Union Environment Action Programme to 2030’ adopted by Decision (EU) 2022/591 of the European Parliament and of the Council on 6 April 202243 establishes the objective to achieve a non-toxic environment protecting the health and well-being of people, animals and ecosystems from environment-related risks and negative impacts, and, for that purpose, stipulates that further improvement of monitoring methods, better information to the public and access to justice are needed. This guides the objectives set in this Directive.

(6) The ‘Eighth General Union Environment Action Programme to 2030’ adopted by Decision (EU) 2022/591 of the European Parliament and of the Council on 6 April 202243 establishes as one of its priority objectives to achieve a non-toxic environment protecting the health and well-being of people, animals and ecosystems from environment-related risks and negative impacts, and, for that purpose, stipulates, inter alia, that further improvement of monitoring methods, better transboundary coordination, better information to the public and access to justice are needed. This guides the objectives set in this Directive.

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43 Decision (EU) 2022/591 of the European Parliament and of the Council of 6 April 2022 on a General Union Environment Action Programme to 2030 (OJ L 114, 12.4.2022, p. 22–36).

43 Decision (EU) 2022/591 of the European Parliament and of the Council of 6 April 2022 on a General Union Environment Action Programme to 2030 (OJ L 114, 12.4.2022, p. 22–36).

Amendment  8

 

Proposal for a directive

Recital 7

 

Text proposed by the Commission

Amendment

(7) The Commission should regularly review the scientific evidence related to pollutants, their effects on human health and the environment and technological development. Based on the review, the Commission should assess whether applicable air quality standards are still appropriate to achieve the objectives of this Directive. The first review should be carried out by 31/12/2028 to assess whether air quality standards need to be updated based on the latest scientific information.

(7) The Commission should regularly review the scientific evidence related to pollutants, their effects on human health and the environment, health inequalities, direct and indirect healthcare costs associated with air pollution, environmental costs, and behavioural, fiscal and technological developments. Based on the review, the Commission should assess whether applicable air quality standards are still appropriate to achieve the objectives of this Directive. The first review should be carried out by 31/12/2028 to assess whether air quality standards need to be updated based on the latest scientific information. The Commission should regularly assess the contribution of Union legislation laying down emissions standards for sources of air pollution to the achievement of the air quality standards established by this Directive and, where necessary, propose additional Union measures.

Amendment  9

 

Proposal for a directive

Recital 10

 

Text proposed by the Commission

Amendment

(10) Modelling applications should be applied to enable point data to be interpreted in terms of geographical distribution of concentration , to help to detect breaches of air quality standards, and to inform air quality plans and the placement of sampling points . In addition to the requirements for air quality monitoring defined in this Directive, for monitoring purposes, Member States are encouraged to exploit information products and supplementary tools (e.g. regular evaluation and quality assessment reports, policy online applications), provided by the Earth Observation component of the EU Space Programme, in particular the Copernicus Atmosphere Monitoring Service (CAMS).

(10) Where relevant, modelling applications should be applied to enable point data to be interpreted in terms of geographical distribution of concentration of pollutants, to help to detect breaches of air quality standards, and to inform air quality plans and air quality roadmaps and the placement of sampling points. In addition to the requirements for air quality monitoring defined in this Directive, for monitoring purposes, Member States are encouraged to exploit information products and supplementary tools (e.g. regular evaluation and quality assessment reports, policy online applications), provided by the Earth Observation component of the EU Space Programme, in particular the Copernicus Atmosphere Monitoring Service (CAMS).

Amendment  10

 

Proposal for a directive

Recital 11

 

Text proposed by the Commission

Amendment

(11) It is important that pollutants of emerging concern, such as ultrafine particles, black carbon and elemental carbon, as well as ammonia and the oxidative potential of particulate matter, be monitored in order to support scientific understanding of their effects on health and the environment, as recommended by the WHO.

(11) It is important that pollutants of emerging concern, such as ultrafine particles, black carbon and elemental carbon, as well as ammonia and the oxidative potential of particulate matter, be monitored in order to support scientific understanding of their effects on health and the environment, as recommended by the WHO, and with a view to establishing limit values for them in the framework of the first review of this Directive in 2028. The Commission should continue to monitor scientific developments regarding any other pollutants not covered by this Directive and assess the need to extend its provisions to these pollutants.

Amendment  11

 

Proposal for a directive

Recital 12

 

Text proposed by the Commission

Amendment

(12) Detailed measurements of fine particulate matter at rural background locations should be made in order to understand better the impacts of this pollutant and to develop appropriate policies. Such measurements should be made in a manner consistent with those of the cooperative programme for monitoring and evaluation of the long range transmission of air pollutants in Europe (EMEP) set up under the 1979 United Nations Economic Commission for Europe (UNECE) Convention on Long-range Transboundary Air Pollution approved by Council Decision 81/462/EEC of 11 June 198144 and its Protocols, including the Protocol to Abate Acidification, Eutrophication and Ground-level Ozone of 1999, which was revised in 2012 .

(12) Detailed measurements of fine particulate matter, black carbon, mercury and ammonia at rural background locations should be made in order to understand better the transboundary contribution and the impacts of those pollutants, and to develop appropriate policies, including the possible introduction of limit values, target values or critical levels. Such measurements should be made in a manner consistent with those of the cooperative programme for monitoring and evaluation of the long range transmission of air pollutants in Europe (EMEP) set up under the 1979 United Nations Economic Commission for Europe (UNECE) Convention on Long-range Transboundary Air Pollution approved by Council Decision 81/462/EEC of 11 June 198144 and its Protocols, including the Protocol to Abate Acidification, Eutrophication and Ground-level Ozone of 1999, which was revised in 2012 .

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44 Council Decision 81/462/EEC of 11 June 1981 on the conclusion of the Convention on long-range transboundary air pollution (OJ L 171, 27.6.1981, p. 11).

44 Council Decision 81/462/EEC of 11 June 1981 on the conclusion of the Convention on long-range transboundary air pollution (OJ L 171, 27.6.1981, p. 11).

Justification

Amendment in order to safeguard the internal logic of the text.

Amendment  12

 

Proposal for a directive

Recital 15

 

Text proposed by the Commission

Amendment

(15) In order to protect human health and the environment as a whole, it is particularly important to combat emissions of pollutants at source and to identify and implement the most effective emission reduction measures at local, national and Union level , in particular when it comes to emissions from agriculture, industries, transport and energy generation . Therefore, emissions of harmful air pollutants should be avoided, prevented or reduced and appropriate standards set for ambient air quality taking into account relevant World Health Organization standards, guidelines and programmes.

(15) In order to protect human health and the environment as a whole, it is particularly important to combat emissions of pollutants at source and to identify and implement the most effective emission reduction measures at local, national and Union level, in particular when it comes to emissions from agriculture, industries, transport, heating and cooling systems and energy generation. Relevant Union legislation such as on European vehicle emission standards or on industrial emissions are instrumental in further reducing ambient air pollution. Therefore, emissions of harmful air pollutants should be avoided, prevented or reduced and appropriate standards set for ambient air quality on the basis of the latest scientific evidence as published in the most up-to-date WHO Air Quality Guidelines and in line with the Zero Pollution Action Plan for 2050.

Justification

New drafting for consistency with the changes made to the wording used when mentioning the WHO Air Quality Guidelines and the latest scientific evidence, as well as with Annexes I and VII.

 

Amendment  13

 

Proposal for a directive

Recital 15 a (new)

 

Text proposed by the Commission

Amendment

 

(15a) Agriculture is a significant source of air pollution: it accounts for around 93 % of total ammonia emissions in the Union, while the agricultural emissions of methane, the precursor of ozone ground level formation, and of particulate matter such as PM10, account for about 54 % of total emissions of this gas in the Union. Member States should take the necessary measures to reduce emissions in agriculture, alongside those in the other sectors, which could include, inter alia, measures to reduce emissions linked to livestock management, such as nitrogen management systems and low-emission animal housing systems, sustainable management of agricultural waste, sustainable crop management, precision farming, efficient use of resources and alternative energy sources.

Justification

Amendment necessary for pressing reasons relating to the internal logic of the text.

 

Amendment  14

 

Proposal for a directive

Recital 15 b (new)

 

Text proposed by the Commission

Amendment

 

(15b) The Commission should assess the consistency of any relevant draft measure or legislative proposal, including budgetary proposals, with the air quality standards set out in this Directive, before adoption, and include that assessment in any impact assessment accompanying those measures or proposals, and make the result of that assessment publicly available at the time of adoption. The Commission should endeavour to align its draft measures and legislative proposals with the objectives of this Directive. In any case of non-alignment, the Commission should provide its reasons as part of the consistency assessment.

Justification

Amendment necessary for pressing reasons relating to the internal logic of the text.

 

Amendment  15

 

Proposal for a directive

Recital 15 c (new)

 

Text proposed by the Commission

Amendment

 

(15c) Air pollutants emitted from the transport sector pose a particular risk to the health of people living in urban areas and near transport hubs. Member States and the relevant regional and local authorities should therefore consider implementing Sustainable Urban Mobility Plans and invest in zero-emission technologies and measures enabling a modal shift towards active, collective and sustainable transport systems, as well as the creation of green spaces and pedestrian areas in the cities with the aim to reduce air pollution and road congestion, especially in urban areas in line with the communication of the Commission of 9 December 2020 entitled ‘Sustainable and Smart Mobility Strategy - putting European transport on track for the future’. Member States should also take all necessary measures to accelerate the deployment of alternative fuels infrastructure, in particular electric recharging infrastructure for light- and heavy-duty vehicles, as well as carry out regular transport infrastructure quality checks to identify the areas in need of decongestion and infrastructure optimisation, and take appropriate measures, with the support of Union funding, where applicable.

Justification

Amendment necessary for pressing reasons relating to the internal logic of the text.

 

Amendment  16

 

Proposal for a directive

Recital 15 d (new)

 

Text proposed by the Commission

Amendment

 

(15d) Air pollution from maritime transport alone leads to over 50 000 premature deaths annually in the Union1a. While the most detrimental part of maritime transport exhausts is sulphur dioxide pollution, NOx should not be forgotten. The impact of maritime transport on the environment and on coastal communities, both in terms of ecosystem damage and public health, could be alleviated with a comprehensive electrification of short-distance and urban maritime transport, in addition to zero-emission requirements and infrastructure at berth. Moreover, comprehensive coverage of the Union maritime space under sulphur emission control area (SECA) and nitrogen emission control area (NECA) zones would significantly contribute to the reduction of air pollution in ports and port cities, as well as in Union waters.

 

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1a Brandt, J., Silver, J. D., and Frohn, L. M., Assessment of Health-Cost Externalities of Air Pollution at the National Level using the EVA Model System, CEEH Scientific Report No 3, 2011.

Justification

Amendment necessary for pressing reasons relating to the internal logic of the text.

 

Amendment  17

 

Proposal for a directive

Recital 16

 

Text proposed by the Commission

Amendment

(16) Scientific evidence shows that sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter, lead, benzene, carbon monoxide, arsenic, cadmium, nickel, some polycyclic aromatic hydrocarbons and ozone are responsible for significant negative impacts on human health . Impact on human health and the environment occurs via concentrations in ambient air .

(16) Scientific evidence shows that sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter, lead, benzene, carbon monoxide, arsenic, cadmium, nickel some polycyclic aromatic hydrocarbons and ozone are responsible for an array of significant adverse effects on human health that can result in premature death, and that there is no identifiable threshold below which those substances do not pose a risk to human health. Those substances damage most organ systems and are linked to many debilitating diseases, such as childhood and adult-onset asthma, cardiovascular diseases, chronic obstructive pulmonary disease, pneumonia, strokes, diabetes, lung cancer, impaired cognitive development and dementia. Impact on human health and the environment occurs via concentrations in ambient air and via deposition.

Amendment  18

 

Proposal for a directive

Recital 16 a (new)

 

Text proposed by the Commission

Amendment

 

(16a) Air pollution affects the human body, in both the short and long term, in ways that are detrimental to health. Even though air pollution is a universal health problem that affects everyone, the risks are not evenly distributed amongst the population, with some groups of people at greater risk of harm than others. Sensitive population and vulnerable groups, such as those with specific pre-existing health conditions (e.g. respiratory or cardiovascular diseases), pregnant women, newborns, children, the elderly, people living with disabilities or having inadequate access to medical care, and workers who are exposed to particularly high levels of air pollution in their profession, appear to be most at risk, as highlighted by studies linking air pollution to decreased cognitive performance among the elderly as well as suggesting that poor air quality is especially dangerous to children. Those groups should be informed and protected. This Directive recognises the increased risks and specific needs of sensitive population and vulnerable groups as regards air pollution and aims to address health inequalities caused by polluted air.

Amendment  19

 

Proposal for a directive

Recital 16 b (new)

 

Text proposed by the Commission

Amendment

 

(16b) While ambient air pollution is a major environmental health risk affecting everyone and all Member States, there is ample evidence emerging on the associations between socio-economic status and air pollution, demonstrating in particular that the health of people of lower socio-economic status tends to be more affected by air pollution than the health of the general population as a result of their both greater exposure and higher vulnerability1a. Member States should take into account such factors when drafting, implementing or updating their air quality plans or air quality roadmaps to address effectively the social aspects of air pollution and to minimise the socio-economic impacts of measures taken.

 

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1a Unequal exposure and unequal impacts: social vulnerability to air pollution, noise and extreme temperatures in Europe, European Environment Agency, 2018.

Amendment  20

 

Proposal for a directive

Recital 18

 

Text proposed by the Commission

Amendment

(18) The average exposure of the population to the pollutants with the highest documented impact on human health, fine particulate matter (PM2.5) and nitrogen dioxide (NO2), should be reduced based on WHO recommendations. To this end, an average exposure reduction obligation should be introduced for these pollutants, in addition to limit values.

(18) The average exposure of the population to the pollutants with the highest documented impact on human health, fine particulate matter (PM2.5) and nitrogen dioxide (NO2), should be reduced based on the most up-to-date WHO recommendations. To this end, an average exposure reduction obligation should be introduced for these pollutants, in addition to limit values. The average exposure reduction obligation should complement and not substitute those limit values which have demonstrated to be the most effectively enforceable standards to date.

Amendment  21

 

Proposal for a directive

Recital 19

 

Text proposed by the Commission

Amendment

(19) The Fitness Check of the Ambient Air Quality Directives (Directives 2004/107/EC and 2008/50/EC)45 has shown that limit values are more effective in bringing down pollutant concentrations than target values. With the aim of minimising harmful effects on human health, paying particular attention to vulnerable groups and sensitive populations, and the environment limit values should be set for the concentration of sulphur dioxide, nitrogen dioxide, particulate matter, lead, benzene, carbon monoxide, arsenic, cadmium, nickel and polycyclic aromatic hydrocarbons in ambient air . Benzo(a)pyrene should be used as a marker for the carcinogenic risk of polycyclic aromatic hydrocarbons in ambient air.

(19) The Fitness Check of the Ambient Air Quality Directives (Directives 2004/107/EC and 2008/50/EC)45 has shown that limit values are more effective in bringing down pollutant concentrations than other types of air quality standards, such as target values. With the aim of minimising harmful effects on human health, paying particular attention to vulnerable groups and sensitive populations, and the environment limit values should be set for the concentration of sulphur dioxide, nitrogen dioxide, particulate matter, lead, benzene, carbon monoxide, arsenic, cadmium, nickel and polycyclic aromatic hydrocarbons in ambient air. To ensure effective protection against harmful effects on ecosystems, those limit values should be regularly updated in light of the most recent recommendations by the WHO. Benzo(a)pyrene should be used as a marker for the carcinogenic risk of polycyclic aromatic hydrocarbons in ambient air.

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45 Fitness check of the Ambient Air Quality Directives of 28 November 2019 (SWD(2019) 427 final).

45 Fitness check of the Ambient Air Quality Directives of 28 November 2019 (SWD(2019) 427 final).

Amendment  22

 

Proposal for a directive

Recital 21

 

Text proposed by the Commission

Amendment

(21) Ozone is a transboundary pollutant formed in the atmosphere from the emission of primary pollutants addressed by Directive 2016/2284/EU of the European Parliament and of the Council46 . Progress towards the air quality targets and long-term objectives for ozone set in this Directive should be determined by the targets and emission reduction commitments provided for in Directive 2016/2284/EU and, by implementing cost-effective measures and air quality plans .

(21) Ozone is a transboundary pollutant formed in the atmosphere from the emission of primary pollutants, some of which are addressed by Directive 2016/2284/EU of the European Parliament and of the Council46. Ground-level ozone adversely affects not only human health but also vegetation and ecosystems, leading to decreased crop yields and forest growth, and loss of biodiversity. Progress towards the air quality targets and long-term objectives for ozone set in this Directive should be determined by the targets and emission reduction commitments provided for in Directive 2016/2284/EU and, by implementing cost-effective measures, air quality roadmaps and air quality plans .

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46 Directive (EU) 2016/2284/EU of the European Parliament and of the Council of 14 December 2016 on the reduction of national emissions of certain atmospheric pollutants, amending Directive 2003/35/EC and repealing Directive 2001/81/EC (OJ L 344, 17.12.2016, p.1).

46 Directive (EU) 2016/2284/EU of the European Parliament and of the Council of 14 December 2016 on the reduction of national emissions of certain atmospheric pollutants, amending Directive 2003/35/EC and repealing Directive 2001/81/EC (OJ L 344, 17.12.2016, p.1).

Justification

Amendment necessary for pressing reasons relating to the internal logic of the text.

 

Amendment  23

 

Proposal for a directive

Recital 22

 

Text proposed by the Commission

Amendment

(22) The ozone target values and long-term objectives of ensuring effective protection against harmful effects on human health and vegetation and ecosystems from exposure to ozone should be updated in light of the most recent recommendations of the World Health Organization .

(22) The ozone target values and long-term objectives of ensuring effective protection against harmful effects on human health and vegetation and ecosystems from exposure to ozone should be regularly updated in light of the most recent recommendations of the World Health Organization .

Amendment  24

 

Proposal for a directive

Recital 23

 

Text proposed by the Commission

Amendment

(23) An alert threshold for sulphur dioxide, nitrogen dioxide, particulate matter (PM10 and PM2.5) and ozone, and an information threshold for ozone, should be set for the protection of the general population , vulnerable and sensitive sections, respectively, from brief exposures to elevated ozone concentrations. Those thresholds should trigger the dissemination of information to the public on the risks of exposure and the implementation, if appropriate, of short-term measures to reduce pollution levels where the alert threshold is exceeded.

(23) An alert threshold and an information threshold for sulphur dioxide, nitrogen dioxide, particulate matter (PM10 and PM2.5) and ozone, should be set for the protection of the general population, and especially sensitive population and vulnerable groups, from brief exposures to elevated concentrations of pollutants. Those thresholds should trigger the dissemination of information to the public on the associated health risks of exposure and the implementation, of short-term measures to reduce pollution levels where the alert threshold is exceeded. Alert and information thresholds are not set for the other regulated pollutants, as evidence on the health effects of those pollutants often considers long-term exposure effects only. In the event that scientific evidence emerges on their short-term exposure effects, the Commission should evaluate the need to introduce alert and information thresholds for those pollutants.

Justification

Amendment necessary for pressing reasons relating to the internal logic of the text.

 

 

Amendment  25

 

Proposal for a directive

Recital 25

 

Text proposed by the Commission

Amendment

(25) Air quality status should be maintained where it is already good, or improved. Where the standards for ambient air quality laid down in this Directive are at risk of not being met, or have not been met, Member States should take immediate action in order to comply with the limit values , average exposure reduction obligations and critical levels, and where possible, to attain the ozone target values and long-term objectives.

(25) Air quality status should be maintained where it is already good, or improved. Where the standards for ambient air quality laid down in this Directive are at risk of not being met, or have not been met, Member States should take immediate and continuous action in order to comply with the limit values , average exposure reduction obligations and critical levels, and to attain the ozone target values and long-term objectives

Justification

Amendment necessary for pressing reasons relating to the internal logic of the text.

 

Amendment  26

 

Proposal for a directive

Recital 29

 

Text proposed by the Commission

Amendment

(29) Contributions from natural sources can be assessed but cannot be controlled. Therefore, where natural contributions to pollutants in ambient air can be determined with sufficient certainty, and where exceedances are due in whole or in part to these natural contributions, these may, under the conditions laid down in this Directive, be subtracted when assessing compliance with air quality limit values and average exposure reduction obligations . Contributions to exceedances of particulate matter limit values attributable to winter-sanding or winter-salting of roads may also be subtracted when assessing compliance with air quality limit values provided that reasonable measures have been taken to lower concentrations.

(29) Contributions from natural sources can be assessed but can in some instances be difficult to control. Therefore, where natural contributions to pollutants in ambient air can be determined with sufficient certainty, and where exceedances are due in whole or in part to these natural contributions, which are beyond the Member States’ control and could not have been anticipated, mitigated or prevented, these may, under the conditions laid down in this Directive, be subtracted when assessing compliance with air quality limit values and average exposure reduction obligations. Contributions to exceedances of particulate matter limit values attributable to winter-sanding or winter-salting of roads may also be subtracted when assessing compliance with air quality limit values only when evidence is provided that all reasonable measures have been taken to lower concentrations. Subtractions of those contributions when assessing compliance with air quality limit values and average exposure reduction obligations should not prevent Member States from taking action to reduce their health impact.

Justification

Amendment necessary for pressing reasons relating to the internal logic of the text.

 

Amendment  27

 

Proposal for a directive

Recital 29 a (new)

 

Text proposed by the Commission

Amendment

 

(29a) It is crucial to systematically monitor air quality in the vicinity of air pollution hotspots where pollution level is strongly influenced by the emissions from heavy pollution sources that could expose individuals and population groups to elevated risks of adverse health effects. To that end, Member States should install sampling points in the air pollution hotspots, such as ports or airports, with the aim to improve the understanding of the impact of those sources on air pollution, and to take appropriate measures to minimise their impact on human health.

Justification

Amendment necessary for pressing reasons relating to the internal logic of the text.

 

Amendment  28

 

Proposal for a directive

Recital 30

 

Text proposed by the Commission

Amendment

(30) For zones where conditions are particularly difficult, it should be possible to postpone the deadline for compliance with the air quality limit values in cases where, notwithstanding the implementation of appropriate pollution abatement measures, acute compliance problems exist in specific zones and agglomerations. Any postponement for a given zone or agglomeration should be accompanied by a comprehensive plan to be assessed by the Commission to ensure compliance by the revised deadline.

(30)  For zones where conditions are particularly difficult, it should be possible to postpone the deadline for compliance with the air quality limit values in cases where, notwithstanding the implementation of appropriate pollution abatement measures, acute compliance problems exist in specific zones. Any postponement for a given zone should be accompanied by a comprehensive plan to be assessed by the Commission to ensure compliance by the revised deadline.

Justification

Amendment necessary for pressing reasons relating to the internal logic of the text.

 

Amendment  29

 

Proposal for a directive

Recital 31

 

Text proposed by the Commission

Amendment

(31) Air quality plans should be developed and updated for zones within which concentrations of pollutants in ambient air exceed the relevant air quality limit values , ozone target values or average exposure reduction obligations . Air pollutants are emitted from many different sources and activities. To ensure coherence between different policies, such air quality plans should where feasible be consistent with plans and programmes prepared pursuant to Directive 2010/75/EU 2001/80/EC of the European Parliament and of the Council48, Directive (EU) 2016/2284, and Directive 2002/49/EC of the European Parliament and of the Council49.

(31) Air quality plans should be developed and updated for zones within which concentrations of pollutants in ambient air exceed the relevant air quality limit values, ozone target values or average exposure reduction obligations. Air pollutants are emitted from many different sources and activities. To ensure coherence between different policies, such air quality plans should where feasible be consistent with plans and programmes prepared pursuant to Directive 2010/75/EU of the European Parliament and of the Council48, Directive (EU) 2016/2284, and Directive 2002/49/EC of the European Parliament and of the Council49.

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48 Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (OJ L 334, 17.12.2010, p. 17).

48 Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (OJ L 334, 17.12.2010, p. 17).

49 Directive 2002/49/EC of the European Parliament and of the Council of 25 June 2002 relating to the assessment and management of environmental noise (OJ L 189, 18.7.2002, p. 12.)

49 Directive 2002/49/EC of the European Parliament and of the Council of 25 June 2002 relating to the assessment and management of environmental noise (OJ L 189, 18.7.2002, p. 12.)

Justification

"2001/80/EC" is deleted as this number is wrong. Directive 2001/80/EC has been repealed by Directive 2010/75/EU, which is mentioned just before.

 

Amendment  30

 

Proposal for a directive

Recital 31 a (new)

 

Text proposed by the Commission

Amendment

 

(31a) As clarified by the case-law of the Court of Justice1a, the provisions on air quality plans do not allow the deadline for complying with air quality standards to be extended. The fact that an air quality plan has been drawn up does not, in itself, mean that a Member State has nevertheless fulfilled its obligations to ensure that levels of air pollutants do not exceed the air quality standards established by this Directive.

 

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1a Judgment of the Court of Justice of 10 November 2020, European Commission v Italian Republic, C-644/18, ECLI:EU:C:2020:895, paragraph 154, and judgment of the Court of Justice of 19 November 2014, ClientEarth v The Secretary of State for the Environment, Food and Rural Affairs, C-404/13, ECLI:EU:C:2014:2382, paragraph 49.

Amendment  31

 

Proposal for a directive

Recital 32

 

Text proposed by the Commission

Amendment

(32) Air quality plans should also be prepared ahead of 2030 where there is a risk that Member States will not attain the limit values or ozone target value by that date in order to ensure that levels of pollutants are reduced accordingly.

(32) In order to align Union legislation with the latest scientific evidence and the most recent WHO Air Quality Guidelines, this Directive sets new air quality standards to be met by 2030. Member States and competent authorities should in anticipation of the 2030 deadline for new limit values laid down in Section 1, Table 1, of Annex I, develop a distinct type of an air quality plan, a so-called air quality roadmap, for zones within which concentrations of pollutants in ambient air exceed the relevant air quality limit values set for 2030. The air quality roadmap should set out short- and long-term policies and measures in order to comply with those limit values by 2030 at the latest. For the sake of legal clarity, and notwithstanding the specific terminology used, an air quality roadmap should be considered to be an air quality plan as defined in Article 4, point (36).

Amendment  32

 

Proposal for a directive

Recital 34

 

Text proposed by the Commission

Amendment

(34) Member States should cooperate with one another if, following significant pollution originating in another Member State, the level of a pollutant exceeds, or is likely to exceed, any limit value, ozone target value, average exposure reduction obligation or alert threshold. The transboundary nature of specific pollutants, such as ozone and particulate matter, may require coordination between neighbouring Member States in drawing up and implementing air quality plans and short-term action plans and in informing the public. Where appropriate, Member States should pursue cooperation with third countries, with particular emphasis on the early involvement of candidate countries. The Commission should be timely informed of and invited to assist in any such cooperation.

(34) Member States should cooperate with one another if, following significant pollution originating in another Member State, , the level of a pollutant exceeds, or is likely to exceed, any limit value, ozone target value, average exposure reduction obligation or alert threshold. The transboundary nature of specific pollutants, such as ozone and particulate matter, should require rapid coordination between neighbouring Member States in drawing up and implementing air quality plans and short-term action plans and in informing the public as soon as possible. Where appropriate, Member States should pursue cooperation with third countries, with particular emphasis on the early involvement of candidate countries. The Commission should be timely informed of and invited to assist in any such cooperation.

Justification

Amendment necessary for pressing reasons relating to the internal logic of the text. The amendment is linked to the changes made to Article 1.

 

Amendment  33

 

Proposal for a directive

Recital 35

 

Text proposed by the Commission

Amendment

(35) It is necessary for the Member States and the Commission to collect, exchange and disseminate air quality information in order to understand better the impacts of air pollution and develop appropriate policies. Up-to-date information on concentrations of all regulated pollutants in ambient air as well as air quality plans and short-term action plans should also be readily available to the public.

(35) It is necessary for the Member States and the Commission to collect, exchange and disseminate air quality information in order to understand better the impacts of air pollution and develop appropriate policies. Up-to-date information on concentrations of all regulated pollutants in ambient air as well as air quality plans, air quality roadmaps and short-term action plans should also be readily available to the public in a coherent and easily understandable manner.

Justification

Amended to be coherent with changes in the text such as Article 19(4) and Article 15(3).

 

Amendment  34

 

Proposal for a directive

Recital 35 a (new)

 

Text proposed by the Commission

Amendment

 

(35a) The Digital Economy and Society Index (DESI) shows that over 40 % of adults in the Union lack basic digital skills1a. Member States should therefore ensure that information to be made public in accordance with this Directive is communicated, where relevant, also via non-digital communication channels.

 

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1a Digital Economy and Society Index (DESI) 2022 (https://digital-strategy.ec.europa.eu/en/policies/desi).

Justification

Amendment necessary for pressing reasons relating to the internal logic of the text.

 

Amendment  35

 

Proposal for a directive

Recital 40

 

Text proposed by the Commission

Amendment

(40) This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. Where damage to human health has occurred as a result of a violation of Articles 19, 20, 21 of this Directive, Member States should ensure that the individuals affected by such violations are able to claim and obtain compensation for that damage from the relevant competent authority. The rules on compensation, access to justice and penalties set in this Directive have the objective to avoid, prevent and reduce harmful effects on human health and the environment from air pollution, in line with Article 191(1) TFEU. They thus seeks to integrate into the policies of the Union a high level of environmental protection and the improvement of the quality of the environment in accordance with the principle of sustainable development as laid down in Article 37 of the Charter, and puts into concrete terms the obligation to protect the right to life and to the integrity of the person laid down in Articles 2 and 3 of the Charter. It also contributes to the right to an effective remedy before a tribunal as laid down in Article 47 of the Charter, in relation to the protection of human health.

(40) This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. Where damage to human health and well-being has occurred as a result of a violation of Articles 13, 19, 20, 21 of this Directive, Member States should ensure that the individuals affected by such violations are able to claim and obtain compensation for that damage from the relevant competent authority. This Directive has the objective to avoid, prevent and reduce harmful effects on human health and the environment from air pollution, in line with Article 191(1) TFEU. It thus seeks to integrate into the policies of the Union a high level of environmental protection and the improvement of the quality of the environment in accordance with the principle of sustainable development as laid down in Article 37 of the Charter, and puts into concrete terms the obligation to protect the right to life and to the integrity of the person, the respect for private life and the right to healthcare laid down in Articles 2, 3, 7 and 35 of the Charter. It also contributes to the right to an effective remedy before a tribunal as laid down in Article 47 of the Charter, in relation to the protection of human health. In addition, it recognises and protects the human right to a clean, healthy and sustainable environment as recognised by the United Nations General Assembly in resolution 76/300 of 28 July 2022.

Amendment  36

 

Proposal for a directive

Recital 40 a (new)

 

Text proposed by the Commission

Amendment

 

(40a) Rebuttable presumptions are a common mechanism for alleviating a claimant’s evidential difficulties, while preserving the rights of the defendant. Rebuttable presumptions are only applicable provided that certain conditions are fulfilled. In order to maintain a fair apportionment of risk, and to avoid a reversal of the burden of proof, a claimant should be required to demonstrate sufficiently relevant evidence, including scientific data, that give rise to a presumption that the violation has caused or contributed to the occurrence of damage. In light of the evidentiary challenges faced by injured persons, especially in complex cases, such a rebuttable presumption will achieve a fair balance between the rights of the individuals suffering from human health damage and the relevant authorities. It should also be possible to use relevant scientific data as evidence in accordance with national law. Where such relevant scientific data is not available, it should be possible to use other evidence to support the claim in accordance with national law. Considering that air quality standards are set on the basis of scientific knowledge on the harmful effects of air pollution on human health, where limit values are exceeded, air pollution becomes potentially harmful to the health and well-being of those exposed to it1a.

 

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1a European Court of Human Rights judgment in Fadeyeva v. Russia, 55723/00, (ECtHR, 9 June 2005), §87.

Amendment  37

 

Proposal for a directive

Article 1 – paragraph 1

 

Text proposed by the Commission

Amendment

1. This Directive sets out a zero pollution objective for air quality, so that within the Union air quality is progressively improved to levels no longer considered harmful to human health and natural ecosystems, as defined by scientific evidence, thus contributing to a toxic-free environment at the latest by 2050.

1. This Directive sets out a zero pollution objective for air quality, so that within the Union air quality is progressively improved to levels no longer considered harmful to human health, natural ecosystems and biodiversity, as defined by the best available and most up-to-date scientific evidence, thus contributing to a toxic-free environment at the latest by 2050.

Amendment  38

 

Proposal for a directive

Article 1 – paragraph 2

 

Text proposed by the Commission

Amendment

2. This Directive sets intermediate limit values, target values, average exposure reduction obligations, average exposure concentration objectives, critical levels, information thresholds, alert thresholds and long-term objectives (‘air quality standards’) to be met by the year 2030, and regularly reviewed thereafter in accordance with Article 3.

2. This Directive sets limit values, target values, average exposure reduction obligations, average exposure concentration objectives and critical levels, to be met as soon as possible and by the year 2030 at the latest, and regularly reviewed thereafter in accordance with Article 3. It also sets long-term objectives, information thresholds and alert thresholds as part of air quality standards.

Amendment  39

 

Proposal for a directive

Article 1 – paragraph 3

 

Text proposed by the Commission

Amendment

3. Furthermore, this Directive contributes to achieving: the Union’s pollution-reduction, biodiversity and ecosystem objectives in accordance with the 8th Environment Action Programme, as set out in Decision (EU) 2022/591 of the European Parliament and of the Council55.

3. Furthermore, this Directive contributes to achieving the Union’s pollution-reduction, biodiversity and ecosystem objectives in accordance with the 8th Environment Action Programme, as set out in Decision (EU) 2022/591 of the European Parliament and of the Council55, as well as to enhanced synergies between the Union’s air quality policy and other relevant Union policies, in particular climate, transport and energy policies.

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55 Decision (EU) 2022/591 of the European Parliament and of the Council of 6 April 2022 on a General Union Environment Action Programme to 2030 (OJ L 114, 12.4.2022, p. 22).

55 Decision (EU) 2022/591 of the European Parliament and of the Council of 6 April 2022 on a General Union Environment Action Programme to 2030 (OJ L 114, 12.4.2022, p. 22).

Amendment  40

 

Proposal for a directive

Article 2 – paragraph 1 – point 3

 

Text proposed by the Commission

Amendment

3. measures for monitoring ambient air quality long-term trends and impacts of Union and national measures on ambient air quality ;

3. measures for monitoring ambient air quality long-term trends and impacts of Union and national measures, as well as measures established in cooperation with third countries, on ambient air quality;

Amendment  41

 

Proposal for a directive

Article 2 – paragraph 1 – point 4

 

Text proposed by the Commission

Amendment

4. measures ensuring that the information on ambient air quality is made available to the public;

4. measures ensuring that the information on ambient air quality is harmonised across the Union and made available to the public;

Justification

Amendment for consistency with the changes on Article 22, requiring harmonised air quality indices across the EU.

Amendment  42

 

Proposal for a directive

Article 2 – paragraph 1 – point 6

 

Text proposed by the Commission

Amendment

6. measures promoting increased cooperation between Member States in reducing air pollution.

6. measures promoting increased cooperation between Member States, regional and local authorities, within and between Member States, as well as with third countries that have a common border with the Union, in reducing air pollution.

Justification

Amendment needed to ensure consistency in the text. In most cases, air pollution and harmful effects on human health and the environment do not stop at the border of the Member State, particularly where a production facility is located not far from the border, which means that reliable and effective ways of cooperation at cross-border level, including with candidate or non-EU countries, must be established, to enable interventions in the shortest possible time and in the most efficient manner, as also advocated in Article 4, paragraph 1, point 37

Amendment  43

 

Proposal for a directive

Article 3 – paragraph 1

 

Text proposed by the Commission

Amendment

1. By 31 December 2028, and every 5 years thereafter, and more often if substantial new scientific findings point to the need for it, the Commission shall review the scientific evidence related to air pollutants and their effects on human health and the environment relevant to achieving the objective set in Article 1 and present a report with the main findings to the European Parliament and to the Council.

1. By 31 December 2028, and every 5 years thereafter, and more often if substantial new scientific findings point to the need for it, the Commission shall review the scientific evidence related to air pollutants and their effects on human health and the environment relevant to achieving the objective set in Article 1 and present a report with the main findings to the European Parliament and to the Council. The review shall be carried out without undue delay following the publication of the latest WHO Air Quality Guidelines.

Amendment  44

 

Proposal for a directive

Article 3 – paragraph 2 – subparagraph 2

 

Text proposed by the Commission

Amendment

In order to achieve the objectives set in Article 1, the review shall assess whether this Directive needs to be revised with a view to ensuring alignment with the World Health Organization (WHO) Air Quality Guidelines and the latest scientific information.

In order to achieve the objectives set in Article 1, the review shall assess whether this Directive needs to be revised with a view to ensuring full and continuous alignment with the most up-to-date World Health Organization (WHO) Air Quality Guidelines, the most recent review by the WHO Regional Office for Europe and the latest scientific information.

Amendment  45

 

Proposal for a directive

Article 3 – paragraph 2 – subparagraph 3 – point a

 

Text proposed by the Commission

Amendment

(a) latest scientific information from WHO and other relevant organisations,

(a) latest scientific information from relevant Union bodies, WHO and other relevant scientific organisations,

Amendment  46

 

Proposal for a directive

Article 3 – paragraph 2 – subparagraph 3 – point b

 

Text proposed by the Commission

Amendment

(b) technological developments impacting air quality and its assessment,

(b) behavioural changes, fiscal policies and technological developments impacting air quality and its assessment,

Amendment  47

 

Proposal for a directive

Article 3 – paragraph 2 – subparagraph 3 – point c

 

Text proposed by the Commission

Amendment

(c) air quality situations and associated impacts on human health and the environment in Member States,

(c) air quality and associated impacts on human health and the environment in Member States,

Amendment  48

 

Proposal for a directive

Article 3 – paragraph 2 – subparagraph 3 – point c a (new)

 

Text proposed by the Commission

Amendment

 

(ca) direct and indirect healthcare and environmental costs associated with air pollution as well as cost-benefit analysis,

Amendment  49

 

Proposal for a directive

Article 3 – paragraph 2 – subparagraph 3 – point d a (new)

 

Text proposed by the Commission

Amendment

 

(da) progress made in implementing other relevant Union legislation, in particular in the field of climate, transport and energy,

Amendment  50

 

Proposal for a directive

Article 3 – paragraph 2 – subparagraph 3 – point d b (new)

 

Text proposed by the Commission

Amendment

 

(db) introduction by individual Member States of more stringent air quality standards in accordance with Article 193 TFEU.

Amendment  51

 

Proposal for a directive

Article 3 – paragraph 2 – subparagraph 3 a (new)

 

Text proposed by the Commission

Amendment

 

The Commission shall support and work closely with the WHO Regional Office for Europe to monitor and review the scientific evidence on health effects of air pollution.

Amendment  52

 

Proposal for a directive

Article 3 – paragraph 2 a (new)

 

Text proposed by the Commission

Amendment

 

2a. In the first regular review, by 31 December 2028, the Commission shall propose, if appropriate, limit values, target values or critical levels for the air pollutants measured by the monitoring supersites referred to in Article 10 but currently not included in Annex I. Those values or levels shall be in line with the latest scientific evidence as to what is necessary to protect human health and the environment. In the framework of the first regular review, the Commission shall publish an assessment on the possibility to convert the target value for ozone into a limit value, accompanied, if appropriate, by a legislative proposal.

Amendment  53

 

Proposal for a directive

Article 3 – paragraph 4

 

Text proposed by the Commission

Amendment

4. Where the Commission considers it appropriate, as a result of the review, it shall present a proposal to revise air quality standards or to cover other air pollutants.

4. Where the Commission considers it appropriate, as a result of the review, it shall present a proposal to revise air quality standards or to cover other air pollutants. Such a proposal shall be developed in line with the non-regression principle.

Amendment  54

 

Proposal for a directive

Article 4 – paragraph 1 – point 1 a (new)

 

Text proposed by the Commission

Amendment

 

(1a) ‘air quality standards’ means limit values, target values, average exposure reduction obligations, average exposure concentration objectives, critical levels, information thresholds and alert thresholds;

Justification

Term used in Article 1(2). Included also here, so that all definitions are in the same article for greater clarity and consistency of the text.

Amendment  55

 

Proposal for a directive

Article 4 – paragraph 1 – point 21

 

Text proposed by the Commission

Amendment

(21) ‘objective estimation’ means an assessment method to obtain quantitative or qualitative information on the concentration or deposition level of a pollutant through expert judgement, which may include use of statistical tools, remote sensing, and in-situ sensors;

deleted

Amendment  56

 

Proposal for a directive

Article 4 – paragraph 1 – point 23

 

Text proposed by the Commission

Amendment

(23) ‘urban background locations’ means places in urban areas where levels are representative of the exposure of the general urban population;

(23) ‘urban background locations’ means places in urban areas where levels are representative of the exposure of the general urban population, including urban sensitive population and vulnerable groups;

Justification

The amendment creates coherence with the concept of "sensitive population and vulnerable groups" defined in Article 4(39).

Amendment  57

 

Proposal for a directive

Article 4 – paragraph 1 – point 24

 

Text proposed by the Commission

Amendment

(24) ‘rural background locations’ means places in rural areas with low population density where levels are representative of the exposure of the general rural population;

(24) ‘rural background locations’ means places in rural areas with low population density where levels are representative of the exposure of the general rural population, including rural sensitive population and vulnerable groups;

Amendment  58

 

Proposal for a directive

Article 4 – paragraph 1 – point 24 a (new)

 

Text proposed by the Commission

Amendment

 

(24a) ‘air pollution hotspot’ means a place where the pollution level is strongly influenced by the emissions from heavy pollution sources such as, but not limited to, nearby congested and heavily trafficked roads, motorways or other highways, a single industrial source or an industrial area with many sources, ports, airports, intensive residential heating, or a combination thereof;

Amendment  59

 

Proposal for a directive

Article 4 – paragraph 1 – point 26

 

Text proposed by the Commission

Amendment

(26) ‘limit value’ means a level which is not to be exceeded and which is fixed on the basis of scientific knowledge, with the aim of avoiding, preventing or reducing harmful effects on human health or the environment ;

(26) ‘limit value’ means a level which is fixed on the basis of scientific knowledge, with the aim of avoiding, preventing or reducing harmful effects on human health or the environment, and which is to be attained within a given period and not to be exceeded once attained ;

Justification

Clarification amendment. The words "not to be exceeded" are moved to the end.

Amendment  60

 

Proposal for a directive

Article 4 – paragraph 1 – point 28

 

Text proposed by the Commission

Amendment

(28) ‘average exposure indicator’ means an average level determined on the basis of measurements at urban background locations throughout the territorial unit at NUTS 1 level as described in Regulation (EC) No 1059/2003, or, if there is no urban area located in that territorial unit, at rural background locations, and which reflects population exposure, used to check whether the average exposure reduction obligation and the average exposure concentration objective for that territorial unit have been met;

(28) ‘average exposure indicator’ means an average level determined on the basis of measurements at urban background locations throughout the territorial unit at NUTS 2 level as described in Regulation (EC) No 1059/2003, or, if there is no urban area located in that territorial unit, at rural background locations, and which reflects population exposure, used to check whether the average exposure reduction obligation and the average exposure concentration objective for that territorial unit have been met;

Amendment  61

 

Proposal for a directive

Article 4 – paragraph 1 – point 29

 

Text proposed by the Commission

Amendment

(29) ‘ average exposure reduction obligation ’ means a percentage reduction of the average exposure of the population , expressed as average exposure indicator, of a territorial unit at NUTS 1 level as described in Regulation (EC) No 1059/2003 of the European Parliament and of the Council57 set for the reference year with the aim of reducing harmful effects on human health, to be attained over a given period;

(29) ‘average exposure reduction obligation’ means a percentage reduction of the average exposure of the population , expressed as average exposure indicator, of a territorial unit at NUTS 2 level as described in Regulation (EC) No 1059/2003 of the European Parliament and of the Council57 set for the reference year with the aim of reducing harmful effects on human health, to be attained over a given period and not to be exceeded once attained;

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57 Regulation (EC) No 1059/2003 of the European Parliament and of the Council of 26 May 2003 on the establishment of a common classification of territorial units for statistics (NUTS) (OJ L 154, 21.6.2003, p. 1).

57 Regulation (EC) No 1059/2003 of the European Parliament and of the Council of 26 May 2003 on the establishment of a common classification of territorial units for statistics (NUTS) (OJ L 154, 21.6.2003, p. 1).

Justification

Amendment for consistency with the wording on the definition set out in Article 4, paragraph 1, point 26.

Amendment  62

 

Proposal for a directive

Article 4 – paragraph 1 – point 30

 

Text proposed by the Commission

Amendment

(30) ‘ average exposure concentration objective ’ means a level of the average exposure indicator to be attained, with the aim of reducing harmful effects on human health ;

(30) ‘average exposure concentration objective ’ means a level of the average exposure indicator set with the aim of reducing harmful effects on human health, to be attained within a given period and not to be exceeded once attained;

Amendment  63

 

Proposal for a directive

Article 4 – paragraph 1 – point 35

 

Text proposed by the Commission

Amendment

(35) contributions from natural sources’ means emissions of pollutants not caused directly or indirectly by human activities, including natural events such as volcanic eruptions, seismic activities, geothermal activities, wild-land fires, high-wind events, sea sprays or the atmospheric re-suspension or transport of natural particles from dry regions;

(35) ‘contributions from natural sources’ means emissions of pollutants not caused directly or indirectly by human activities, including natural events such as volcanic eruptions, seismic activities, geothermal activities, wild-land fires, high-wind events, sea sprays or the atmospheric re-suspension or transport of natural particles from dry regions, which the Member State concerned could not have prevented or mitigated by policy actions;

Justification

Amendment for consistency with change in Annex I.

Amendment  64

 

Proposal for a directive

Article 4 – paragraph 1 – point 35 a (new)

 

Text proposed by the Commission

Amendment

 

(35a) ‘air quality roadmap’ means an air quality plan, adopted ahead of the attainment deadline of new limit values laid down in Section 1, Table 1, of Annex I, that sets out short- and long-term policies and measures in order to comply with those limit values;

Justification

Amendment for consistency with the changes made to Article 19, in order to differentiate the air quality plans that have to be adopted to guarantee the attainment of new limit values, from the ones to be adopted when there is an exceedance of the limit values.

Amendment  65

 

Proposal for a directive

Article 4 – paragraph 1 – point 36

 

Text proposed by the Commission

Amendment

(36) ‘air quality plans’ means plans that set out measures in order to comply with limit values, ozone target values or average exposure reduction obligations ;

(36) ‘air quality plans’ means plans that set out measures in order to comply with limit values, ozone target values or average exposure reduction obligations once these have been exceeded;

Amendment  66

 

Proposal for a directive

Article 4 – paragraph 1 – point 38

 

Text proposed by the Commission

Amendment

(38) ‘the public concerned’ means the public affected or likely to be affected by exceedances of air quality standards, or having an interest in, the decision-making procedures related to the implementation of the obligations under this Directive, including non-governmental organisations promoting the protection of human health or the environment and meeting any requirements under national law;

(38) ‘the public concerned’ means the public affected or likely to be affected by exceedances of air quality standards, or having an interest in, the decision-making procedures related to the implementation of the obligations under this Directive, including non-governmental organisations promoting the protection of human health or the environment;

Amendment  67

 

Proposal for a directive

Article 4 – paragraph 1 – point 39

 

Text proposed by the Commission

Amendment

(39) ‘sensitive population and vulnerable groups’ means those population groups that are more vulnerable to air pollution exposure than the average population, because they have a higher sensitivity or a lower threshold for health effects or have a reduced ability to protect themselves.

(39) ‘sensitive population and vulnerable groups’ means those population groups that are permanently or temporarily more sensitive or more vulnerable to the effects of air pollution than the average population, because of specific characteristics that make the health consequences of exposure more significant or because they have a higher sensitivity or a lower threshold for health effects or have a reduced ability to protect themselves.

Amendment  68

 

Proposal for a directive

Article 5 – paragraph 1 – point b

 

Text proposed by the Commission

Amendment

(b) approval of measurement systems (methods, equipment, networks and laboratories);

(b) approval of measurement systems (locations, methods, equipment, networks and laboratories) and ensuring an adequate functioning and maintenance of the monitoring network;

Justification

Amendment for consistency with the changes made in Annex IV, Part D, point 10 a (new).

Amendment  69

 

Proposal for a directive

Article 5 – paragraph 1 – point c

 

Text proposed by the Commission

Amendment

(c) ensuring the accuracy of measurements;

(c) ensuring the accuracy of measurements and the transfer and sharing of measurement data, including their compliance with the data quality objectives laid down in Annex V;

Justification

Amendment consistent with the obligations set out in Articles 22 and 23 on the provision of information to the public and reporting of information to the Commission.

Amendment  70

 

Proposal for a directive

Article 5 – paragraph 1 – point d

 

Text proposed by the Commission

Amendment

(d) ensuring the accuracy of modelling applications;

(d) ensuring the accuracy of air quality modelling applications;

Amendment  71

 

Proposal for a directive

Article 5 – paragraph 1 – point g

 

Text proposed by the Commission

Amendment

(g) cooperation with the other Member States and the Commission;

(g) cooperation with the other Member States, third countries and the Commission;

Justification

Amendment for consistency of the text (e.g. recital 34 and Article 2, paragraph 1, points 3 and 6).

Amendment  72

 

Proposal for a directive

Article 5 – paragraph 1 – point h

 

Text proposed by the Commission

Amendment

(h) establishment of air quality plans;

(h) establishment of air quality plans and air quality roadmaps;

Amendment  73

 

Proposal for a directive

Article 5 – paragraph 1 – point i a (new)

 

Text proposed by the Commission

Amendment

 

(ia) provision and maintenance of an hourly updated air quality index and other relevant public information.

Amendment  74

 

Proposal for a directive

Article 8 – paragraph 4

 

Text proposed by the Commission

Amendment

4. In all zones where the level of pollutants is below the assessment threshold established for those pollutants, modelling applications, indicative measurements, objective-estimation techniques, or a combination thereof shall be sufficient for the assessment of the ambient air quality.

4. In all zones where the level of pollutants is below the assessment threshold established for those pollutants, a combination of modelling applications and indicative measurements shall be sufficient for the assessment of the ambient air quality.

Justification

Amendment for consistency with changes to paragraph 5.

Amendment  75

 

Proposal for a directive

Article 8 – paragraph 5

 

Text proposed by the Commission

Amendment

5. If modelling shows an exceedance of any limit value or ozone target value in an area of the zone not covered by fixed measurements, additional fixed or indicative measurements shall be used during at least 1 calendar year after the exceedance was recorded, to assess the concentration level of the relevant pollutant.

5. If modelling or indicative measurements show an exceedance of any limit value or ozone target value in an area of the zone not covered by fixed measurements, additional fixed measurements shall be installed within 6 months after the exceedance was recorded and shall be used during at least 1 calendar year to assess the concentration level of the relevant pollutant.

Amendment  76

 

Proposal for a directive

Article 8 – paragraph 7

 

Text proposed by the Commission

Amendment

7. In addition to monitoring required under Article 10, Member States shall, where applicable, monitor ultrafine particles levels in accordance with Point D of Annex III and Section 3 of Annex VII.

7. In addition to monitoring required under Article 10, Member States shall monitor ultrafine particles levels, black carbon, ammonia and mercury in accordance with Point D of Annex III and Sections 3, 3a, 3b and 3c of Annex VII.

Amendment  77

 

Proposal for a directive

Article 9 – paragraph 1 – subparagraph 1 a (new)

 

Text proposed by the Commission

Amendment

 

The location of sampling points shall be representative of the exposure of at risk communities and of the exposure of one or more sensitive population and vulnerable groups.

Justification

Amendment consistent with the changes made to Annex VIII.

Amendment  78

 

Proposal for a directive

Article 9 – paragraph 2

 

Text proposed by the Commission

Amendment

2. In each zone where the level of pollutants exceeds the assessment threshold specified in Annex II, the number of sampling points for each pollutant shall not be less than the minimum number of sampling points specified in Tables 3 and 4 of Points A and Point C, of Annex III .

2. In each zone where the level of pollutants exceeds the assessment threshold specified in Annex II, the number of sampling points for each pollutant shall not be less than the minimum number of sampling points specified in Points A and C of Annex III .

Justification

Amendment to fix a typo error in the Commission proposal. Tables 3 and 4 apply to instances when numbers of monitoring sites can be reduced by 50%, dealt with in the following paragraph.

Amendment  79

 

Proposal for a directive

Article 9 – paragraph 3 – point c

 

Text proposed by the Commission

Amendment

(c) the number of indicative measurements is the same as the number of fixed measurements that are being replaced and the indicative measurements have a minimum duration of 2 months per calendar year;

(c) the number of indicative measurements is the same as the number of fixed measurements that are being replaced and the indicative measurements have a minimum duration of 2 months per calendar year equally distributed over the calendar year;

Amendment  80

 

Proposal for a directive

Article 9 – paragraph 5

 

Text proposed by the Commission

Amendment

5. Each Member State shall, in accordance with Annex IV, ensure that the distribution used for the calculation of the average exposure indicators for PM2.5 and NO2, reflect the general population exposure adequately. The number of sampling points shall be no less than that determined by application of Point B, of Annex III.

5. Each Member State shall, in accordance with Annex IV, ensure that the distribution used for the calculation of the average exposure indicators for PM2.5 and nitrogen dioxide (NO2), reflect the general population exposure adequately. The number of sampling points shall be no less than that determined by application of Point B, of Annex III.

Amendment  81

 

Proposal for a directive

Article 9 – paragraph 7

 

Text proposed by the Commission

Amendment

7. Sampling points at which exceedances of any limit value specified in Section 1 of Annex I were recorded within the previous 3 years shall not be relocated, unless a relocation is necessary due to special circumstances, including spatial development. Relocation of sampling points shall be done within their area of spatial representativeness and be based on modelling results.

7. Sampling points at which exceedances of any limit value specified in Section 1 of Annex I were recorded within the previous 3 years shall not be relocated, unless a relocation is absolutely necessary. Relocation of sampling points shall be done within their area of spatial representativeness, ensure continuity of measurement and be based on modelling results.

Amendment  82

 

Proposal for a directive

Article 10 – paragraph 1 – subparagraph 1

 

Text proposed by the Commission

Amendment

Each Member State shall establish at least one monitoring supersite per 10 million inhabitants at an urban background location. Member States that have fewer than 10 million inhabitants shall establish at least one monitoring supersite at an urban background location.

Each Member State shall establish at least one monitoring supersite per 2 million inhabitants at an urban background location. Member States that have fewer than 2 million inhabitants shall establish at least one monitoring supersite at an urban background location.

Amendment  83

 

Proposal for a directive

Article 10 – paragraph 5

 

Text proposed by the Commission

Amendment

5. Measurements at all monitoring supersites at urban background locations shall include fixed or indicative measurements of size distribution of ultrafine particles and particulate matter oxidative potential.

5. Measurements at all monitoring supersites at urban background locations shall include fixed measurements of size distribution of ultrafine particles and particulate matter oxidative potential.

Amendment  84

 

Proposal for a directive

Article 10 – paragraph 6 – point a

 

Text proposed by the Commission

Amendment

(a) fixed measurements of particulate matter (PM10 and PM2.5), nitrogen dioxide (NO2), ozone (O3), black carbon (BC), ammonia (NH3) and ultrafine particles (UFP).

(a) fixed measurements of particulate matter (PM10 and PM2.5), nitrogen dioxide (NO2), sulphur dioxide (SO2), carbon monoxide (CO), ozone (O3), black carbon (BC), ammonia (NH3) and ultrafine particles (UFP).

Amendment  85

 

Proposal for a directive

Article 10 – paragraph 6 – point b

 

Text proposed by the Commission

Amendment

(b) fixed or indicative measurements of fine particulate matter (PM2.5) for the purposes of providing, as a minimum, information on their total mass concentration and their chemical speciation concentrations on an annual average basis in accordance with Section 1 of Annex VII;

(b) fixed measurements of fine particulate matter (PM2.5) for the purposes of providing, as a minimum, information on their total mass concentration and their chemical speciation concentrations on an annual average basis in accordance with Section 1 of Annex VII;

Amendment  86

 

Proposal for a directive

Article 10 – paragraph 6 – point c

 

Text proposed by the Commission

Amendment

(c) fixed or indicative measurements of arsenic, cadmium, nickel, total gaseous mercury, benzo(a)pyrene and the other polycyclic aromatic hydrocarbons referred to in Article 8(6), and of the total deposition of arsenic, cadmium, mercury, nickel, benzo(a)pyrene and the other polycyclic aromatic hydrocarbons referred to in Article 8(6), irrespective of concentration levels.

(c) fixed measurements of arsenic, cadmium, nickel, total gaseous mercury, benzo(a)pyrene and the other polycyclic aromatic hydrocarbons referred to in Article 8(6), and of the total deposition of arsenic, cadmium, mercury, nickel, lead, benzene, benzo(a)pyrene and the other polycyclic aromatic hydrocarbons referred to in Article 8(6), irrespective of concentration levels.

Amendment  87

 

Proposal for a directive

Article 10 – paragraph 7

 

Text proposed by the Commission

Amendment

7. Measurements of particulate and gaseous divalent mercury may also be undertaken at monitoring supersites at urban background locations and rural background locations.

7. Measurements of particulate and gaseous divalent mercury shall also be undertaken at monitoring supersites at urban background locations and rural background locations.

Amendment  88

 

Proposal for a directive

Article 12 – title

 

Text proposed by the Commission

Amendment

Requirements where levels are lower than the limit values , ozone target value and average exposure concentration objectives, but above the assessment thresholds

Requirements where levels are lower than the limit values, ozone target value and average exposure concentration objectives

Justification

Deletion of the reference to assessment thresholds because it is incoherent with paragraph 4 of this article. If Member States shall endeavour to achieve the best ambient air quality, there is no reason to limit the obligation only to the areas where concentrations are above the assessment thresholds.

Amendment  89

 

Proposal for a directive

Article 12 – paragraph 2

 

Text proposed by the Commission

Amendment

2. In zones in which ozone levels are below the ozone target value Member States shall take necessary measures to maintain those levels below the ozone target value and endeavour to attain the long-term objectives specified in Section 2 of Annex I , in so far as factors including the transboundary nature of ozone pollution and meteorological conditions so permit, and provided that any necessary measures do not entail a disproportionate cost.

2. In zones in which ozone levels are below the ozone target value Member States shall take necessary measures to maintain those levels below the ozone target value and attain the long-term objectives specified in Section 2 of Annex I, in so far as factors including the transboundary nature of ozone pollution and meteorological conditions so permit. Once the long-term objectives are attained, Member States shall maintain the ozone levels below the long-term objectives.

Amendment  90

 

Proposal for a directive

Article 12 – paragraph 3

 

Text proposed by the Commission

Amendment

3. In territorial units at NUTS 1 level as described in Regulation (EC) No 1059/2003 where the average exposure indicators for PM2.5 and NO2 are below the respective value of the average exposure concentration objectives for those pollutants as laid down in Section 5 of Annex I, Member States shall maintain the levels of those pollutants below the average exposure concentration objectives

3. In territorial units at NUTS 2 level as described in Regulation (EC) No 1059/2003 where the average exposure indicators for PM2.5 and NO2 are below the respective value of the average exposure concentration objectives for those pollutants as laid down in Section 5 of Annex I, Member States shall maintain the levels of those pollutants below the average exposure concentration objectives

Amendment  91

 

Proposal for a directive

Article 12 – paragraph 4

 

Text proposed by the Commission

Amendment

4. Member States shall endeavour to achieve and preserve the best ambient air quality and a high level of environmental and human health protection, in line with the air quality guidelines published by the WHO and below the assessment thresholds laid down in Annex II .

4. Member States shall endeavour to achieve and preserve the best ambient air quality and a high level of environmental and human health protection , in line with the most recent WHO Air Quality Guidelines and reviews published by the WHO Regional Office for Europe and below the assessment thresholds laid down in Annex II, paying particular attention to the protection of sensitive population and vulnerable groups.

Amendment  92

 

Proposal for a directive

Article 13 – paragraph 3

 

Text proposed by the Commission

Amendment

3. Member States shall ensure that the average exposure reduction obligations for PM2.5 and NO2 laid down in Section 5, Point B, of Annex I, are met throughout their territorial units at NUTS 1 level, where they exceed the average exposure concentration objectives set out in Section 5, Point C, of Annex I.

3. Member States shall ensure that the average exposure reduction obligations for PM2.5 and NO2 laid down in Section 5, Point B, of Annex I, are met throughout their territorial units at NUTS 2 level, where they exceed the average exposure concentration objectives set out in Section 5, Point C, of Annex I.

Amendment  93

 

Proposal for a directive

Article 13 – paragraph 6

 

Text proposed by the Commission

Amendment

6. The deadline for attaining the limit values laid down in Table 1 of Section 1 of Annex I may be postponed in accordance with Article 18.

6. The deadline for attaining the limit values laid down in Table 1 of Section 1 of Annex I for the pollutants referred to in Article 18(1) may be postponed in accordance with Article 18.

Amendment  94

 

Proposal for a directive

Article 15 – paragraph 1

 

Text proposed by the Commission

Amendment

1. The alert thresholds for concentrations of sulphur dioxide, nitrogen dioxide , and particulate matter (PM10 and PM2.5) in ambient air shall be those laid down in Section 4, Point A of Annex I.

1. The alert thresholds for concentrations of sulphur dioxide, nitrogen dioxide, particulate matter (PM10 and PM2.5) and ozone in ambient air shall be those laid down in Section 4, Point A of Annex I.

Amendment  95

 

Proposal for a directive

Article 15 – paragraph 2

 

Text proposed by the Commission

Amendment

2. The alert threshold and information threshold for ozone shall be that laid down in Section 4, Point B, of Annex I.

2. The information thresholds for concentrations of sulphur dioxide, nitrogen dioxide, particulate matter (PM10 and PM2.5) and ozone shall be that laid down in Section 4, Point B, of Annex I.

Amendment  96

 

Proposal for a directive

Article 15 – paragraph 2 a (new)

 

Text proposed by the Commission

Amendment

 

2a. Where any alert threshold laid down in Section 4, Point A, of Annex I is exceeded, Member States shall implement without undue delay the emergency measures indicated in the short-term action plans drawn up under Article 20.

Amendment  97

 

Proposal for a directive

Article 15 – paragraph 3

 

Text proposed by the Commission

Amendment

3. Where any alert threshold or any information threshold laid down in Section 4 of Annex I is exceeded, Member States shall take the necessary steps to inform the public within a few hours at the latest, making use of different media and communication channels and ensuring broad public access .

3. Where any alert threshold laid down in Section 4 of Annex I is exceeded, Member States shall take the necessary steps to inform the public within a few hours at the latest, in a coherent and easily understandable manner, providing detailed information about the severity of the exceedance and the associated health impacts, as well as suggestions for the protection of the population, with a special focus on sensitive population and vulnerable groups. Member States shall make use of different media and communication channels and ensure broad public access.

Amendment  98

 

Proposal for a directive

Article 15 – paragraph 3 a (new)

 

Text proposed by the Commission

Amendment

 

3a. Where any information threshold laid down in Section 4 of Annex I is exceeded, Member States shall take the necessary steps to inform the public, and sensitive population and vulnerable groups in particular, within a few hours at the latest, in an accessible, coherent and easily understandable manner.

Amendment  99

 

Proposal for a directive

Article 15 – paragraph 4

 

Text proposed by the Commission

Amendment

4. Member States shall ensure that information about actual or predicted exceedances of any alert threshold or information threshold is provided to the public as soon as possible in accordance with, points 2 and 3 of Annex IX.

4. Member States shall ensure that information about actual or predicted exceedances of any alert threshold or information threshold is provided to the public in a coherent and easily understandable manner as soon as possible in accordance with, points 2 and 3 of Annex IX.

Amendment  100

 

Proposal for a directive

Article 16 – paragraph 1 – point b

 

Text proposed by the Commission

Amendment

(b) NUTS 1 territorial units where exceedances of the level determined by the average exposure reduction obligations are attributable to natural sources.

(b) NUTS 2 territorial units where exceedances of the level determined by the average exposure reduction obligations are attributable to natural sources.

Amendment  101

 

Proposal for a directive

Article 16 – paragraph 2

 

Text proposed by the Commission

Amendment

2. Member States shall provide the Commission with lists of any such zones and NUTS 1 territorial units, as referred to in paragraph 1, together with information on concentrations and sources and the evidence demonstrating that the exceedances are attributable to natural sources.

2. Member States shall provide the Commission with lists of any such zones and NUTS 2 territorial units, as referred to in paragraph 1, together with:

 

(a)  information on concentrations and sources;

 

(b)  the evidence demonstrating that the exceedances are attributable to natural sources and could not have been anticipated, prevented or mitigated by the Member State concerned, including, where appropriate, the evidence demonstrating the impact of ecosystem perturbations driven by climate change resulting in such exceedances;

 

(c)  information on the implementation of relevant measures under the national strategy for adaptation to climate change adopted pursuant to Article 5(4) of Regulation (EU) 2021/1119.

Justification

Amendment necessary for pressing reasons relating to the internal logic of the text.

Amendment  102

 

Proposal for a directive

Article 16 – paragraph 3

 

Text proposed by the Commission

Amendment

3. Where the Commission has been informed of an exceedance attributable to natural sources in accordance with paragraph 2, that exceedance shall not be considered as an exceedance for the purposes of this Directive.

3. Where the Commission has been informed of an exceedance attributable to natural sources in accordance with paragraph 2, it shall review the evidence and inform the Member State whether that exceedance may not be considered as an exceedance for the purposes of this Directive.

Justification

Amendment necessary to ensure the consistency of the Article and given the amount of new evidence that a Member State needs to provide in order to discount the exceedance for the compliance purposes, it should be made clear that the Commission will review the evidence and inform the Member State accordingly.

Amendment  103

Proposal for a directive

Article 17 – paragraph 1

 

Text proposed by the Commission

Amendment

1. Member States may, for a given year, identify zones within which limit values for PM10 are exceeded in ambient air due to the re-suspension of particulates following winter-sanding or winter -salting of roads.

1. Member States may, for a given month, identify zones within which limit values for PM10 are exceeded in ambient air due to the re-suspension of particulates following winter-sanding or winter -salting of roads.

Amendment  104

 

Proposal for a directive

Article 18 – paragraph 1 – introductory part

 

Text proposed by the Commission

Amendment

1. Where, in a given zone , conformity with the limit values for particulate matter (PM10 and PM2.5) or nitrogen dioxide cannot be achieved by the deadline specified in Table 1 of Section 1 of Annex I, because of site-specific dispersion characteristics, orographic boundary conditions, adverse climatic conditions or transboundary contributions, a Member State may postpone - that deadline once by a maximum of 5 years for that particular zone , if the following conditions are met:

1. Where, in a given zone , conformity with the limit values for particulate matter (PM10 and PM2.5) or nitrogen dioxide cannot be achieved by the deadline specified in Table 1 of Section 1 of Annex I, because of exceptional and unpreventable site-specific dispersion characteristics, orographic boundary conditions or transboundary contributions, a Member State may postpone - that deadline once by a maximum of 5 years for that particular zone , if the following conditions are met:

Amendment  105

 

Proposal for a directive

Article 18 – paragraph 1 – point -a (new)

 

Text proposed by the Commission

Amendment

 

(-a) the levels of pollutants in ambient air in the relevant zone are below the limit values specified in Section 1, Table 2, of Annex I;

Justification

Amendment for consistency with the amendment to Annex I, Section 5, Point B.

 

Amendment  106

 

Proposal for a directive

Article 18 – paragraph 1 – point a

 

Text proposed by the Commission

Amendment

(a) an air quality plan is established in accordance with Article 19(4) and meeting the requirements listed in Article 19(5) to (7) for the zone to which the postponement would apply;

(a) an air quality roadmap is established in accordance with Article 19(-1) and meeting the requirements listed in Article 19(5) to (7) for the zone to which the postponement would apply;

Justification

Amendment for consistency with a change of order made by another amendment to Article 19, whereby paragraph 4 is moved to the beginning of the Article, and with the introduction of the term “air quality roadmap”.

Amendment  107

 

Proposal for a directive

Article 18 – paragraph 1 – point b

 

Text proposed by the Commission

Amendment

(b) the air quality plan referred in point (a) is supplemented by the information listed in Point B of Annex VIII related to the pollutants concerned and demonstrates how exceedance periods above the limit values will be kept as short as possible ;

(b) the air quality roadmap referred in point (a) is supplemented by the information listed in Point B of Annex VIII related to the pollutants concerned as well as annual projections on the evolution of emissions and concentrations in the zone concerned until the attainment date and demonstrates how the limit values will be attained by the end of the postponed deadline for compliance and how exceedance periods above the limit values will be kept as short as possible;

Justification

Amendment for consistency, linked to the introduction of the term “air quality roadmap”.

Amendment  108

 

Proposal for a directive

Article 18 – paragraph 1 – point c

 

Text proposed by the Commission

Amendment

(c) the air quality plan referred to in point (a) outlines how the public and, in particular, sensitive population and vulnerable groups will be informed about the consequences of the postponement for human health and the environment;

(c) the air quality roadmap referred to in point (a) outlines how the public and, in particular, sensitive population and vulnerable groups will be informed in a coherent and easily understandable manner about the consequences of the postponement for human health and the environment;

Amendment  109

 

Proposal for a directive

Article 18 – paragraph 1 – point d

 

Text proposed by the Commission

Amendment

(d) the air quality plan referred to in point (a) outlines how additional funding, including via relevant national and Union funding programmes, will be mobilised to accelerate the improvement of air quality in the zone to which the postponement would apply;

(d) the air quality roadmap referred to in point (a) outlines how additional funding, including via relevant national and Union funding programmes, where such funding is foreseen, will be mobilised to accelerate the improvement of air quality in the zone to which the postponement would apply;

Amendment  110

 

Proposal for a directive

Article 18 – paragraph 2 – subparagraph 1

 

Text proposed by the Commission

Amendment

Member States shall notify the Commission where, in their view, paragraph 1 is applicable, and shall communicate the air quality plan referred to in paragraph 1 and all relevant information necessary for the Commission to assess whether the invoked reason for postponement and the conditions set out in that paragraph are satisfied. In its assessment, the Commission shall take into account estimated effects on ambient air quality in Member States, at present and in the future, of measures that have been taken by Member States as well as estimated effects on ambient air quality of Union measures .

Member States shall notify the Commission where, in their view, paragraph 1 is applicable, and shall communicate the air quality roadmap referred to in paragraph 1 and all relevant information necessary for the Commission to assess whether the invoked reason for postponement and the conditions set out in that paragraph are satisfied. In its assessment, the Commission shall take into account estimated effects on ambient air quality in Member States, at present and in the future, of measures that have been taken by Member States as well as estimated effects on ambient air quality of Union measures . Where annual projections provided in accordance with paragraph 1, point (b), demonstrate that the measures set out in the air quality roadmap are insufficient to achieve likely compliance with the limit value of the pollutant concerned by the postponed attainment deadline, Member States shall update the air quality roadmap and revise the measures therein in order to ensure compliance by that deadline.

Justification

Amendment for consistency, linked to the introduction of the term “air quality roadmap”.

Amendment  111

 

Proposal for a directive

Article 19 – title

 

Text proposed by the Commission

Amendment

Air quality plans

Air quality plans and air quality roadmaps

Justification

Amended to be coherent with changes in Article 19, paragraph 4.

Amendment  112

 

Proposal for a directive

Article 19 – paragraph -1 (new)

 

Text proposed by the Commission

Amendment

 

-1. Where from ... [three months after the date of entry into force of this Directive], in a zone or NUTS 2 territorial unit, the levels of any pollutant recorded for the preceding calendar year are above any limit or target value to be attained by 1 January 2030 as laid down in Section 1, Table 1, of Annex I and Section 2, Point B, of Annex I, the Member State concerned shall establish an air quality roadmap for that pollutant as soon as possible and no later than 2 years after the calendar year during which the exceedance of the pollutant was recorded in order to attain the respective limit values or ozone target value by the expiration of the attainment deadline.

 

Where, for the same pollutant as referred to in the first subparagraph of this paragraph, a Member State is required to establish an air quality roadmap in accordance with that subparagraph as well as an air quality plan in accordance with paragraph 1 of this Article, it may establish a combined air quality roadmap in accordance with paragraphs 5, 6 and 7 of this Article and provide information on the expected impact of measures to reach compliance for each limit value it addresses, as required by Point A, points 5 and 6, of Annex VIII. Any such combined air quality roadmap shall set out appropriate measures to achieve all related limit values and to keep all exceedance periods as short as possible.

Justification

Amendment for internal logic of the text. Paragraph 4 has been moved here because it comes first time-wise.

Amendment  113

 

Proposal for a directive

Article 19 – paragraph 1 – subparagraph 1

 

Text proposed by the Commission

Amendment

Where, in given zones the levels of pollutants in ambient air exceed any limit value , laid down in Section 1 of Annex I, , Member States shall establish air quality plans for those zones as soon as possible and no later than 2 years after the calendar year during which that exceedance of any limit value was recorded. Those air quality plans shall set out appropriate measures to achieve the concerned limit value and to keep the exceedance period as short as possible, and in any case no longer than 3 years from the end of the calendar year in which the first exceedance was reported .

Where, in given zones the levels of pollutants in ambient air exceed any limit value, laid down in Section 1 of Annex I, Member States shall establish air quality plans for those zones as soon as possible and no later than 2 years after the calendar year during which that exceedance of any limit value was recorded. Those air quality plans shall set out all appropriate and sufficient measures to achieve the concerned limit value and to keep the exceedance period as short as possible, and in any case no longer than 3 years from the end of the calendar year in which the first exceedance was recorded.

Amendment  114

 

Proposal for a directive

Article 19 – paragraph 1 – subparagraph 2

 

Text proposed by the Commission

Amendment

Where exceedances of any limit values persist during the third calendar year after the establishment of the air quality plan, Member States shall update the air quality plan and the measures therein, and take additional and more effective measures, in the subsequent calendar year to keep the exceedance period as short as possible.

Where exceedances of any limit values persist during the third calendar year after the end of the calendar year in which the first exceedance was recorded, Member States shall update the air quality plan and the measures therein, including updated detailed information concerning the status of implementation of the Directives referred to in Point B, point 1, of Annex VIII and take additional and more effective measures, in the subsequent calendar year to keep the exceedance period as short as possible and in any case no longer than 1 calendar year after the update of the air quality plan.

Amendment  115

 

Proposal for a directive

Article 19 – paragraph 2 – subparagraph 1

 

Text proposed by the Commission

Amendment

Where in a given NUTS 1 territorial unit, the levels of pollutants in ambient air exceed the ozone target value, laid down in Section 2 of Annex I, Member States shall establish air quality plans for those NUTS 1 territorial units as soon as possible and no later than 2 years after the calendar year during which the exceedance of the ozone target value was recorded. Those air quality plans shall set out appropriate measures in order to achieve the ozone target value and to keep the exceedance period as short as possible.

Where in a given NUTS 2 territorial unit, the levels of pollutants in ambient air exceed the ozone target value, laid down in Section 2 of Annex I, Member States shall establish air quality plans for those NUTS 2 territorial units as soon as possible and no later than 2 years after the calendar year during which the exceedance of the ozone target value was recorded. Those air quality plans shall set out appropriate and sufficient measures in order to achieve the ozone target value and to keep the exceedance period as short as possible, and in any case no longer than 3 years from the end of the calendar year in which the first exceedance was recorded.

Amendment  116

 

Proposal for a directive

Article 19 – paragraph 2 – subparagraph 2

 

Text proposed by the Commission

Amendment

Where exceedances of the ozone target value persist during the fifth calendar year after the establishment of the air quality plan in the relevant NUTS 1 territorial unit, Member States shall update air quality plan and the measures therein, and take additional and more effective measures, in the subsequent calendar year to keep the exceedance period as short as possible.

Where exceedances of the ozone target value persist during the third calendar year after the end of the calendar year in which the first exceedance was recorded in the relevant NUTS 2 territorial unit, Member States shall update the air quality plan and the measures therein, and take additional and more effective measures, in the subsequent calendar year to keep the exceedance period as short as possible, and in any case no longer than 2 calendar years after the update of the air quality plan.

Amendment  117

 

Proposal for a directive

Article 19 – paragraph 2 – subparagraph 3

 

Text proposed by the Commission

Amendment

For NUTS 1 territorial units where the ozone target value is exceeded, Member States shall ensure that the relevant national air pollution control programme prepared pursuant to Article 6 of Directive (EU) 2016/2284 includes measures addressing those exceedances.

For NUTS 2 territorial units where the ozone target value is exceeded, Member States shall ensure that the relevant national air pollution control programme prepared pursuant to Article 6 of Directive (EU) 2016/2284 includes measures addressing those exceedances.

Amendment  118

 

Proposal for a directive

Article 19 – paragraph 3 – subparagraph 1

 

Text proposed by the Commission

Amendment

Where in a given NUTS 1 territorial unit, the average exposure reduction obligation laid down in Section 5 of Annex I is exceeded, Member States shall establish air quality plans for those NUTS 1 territorial units as soon as possible and no later than 2 years after the calendar year during which the exceedance of the average exposure reduction obligation was recorded. Those air quality plans shall set out appropriate measures to achieve the average exposure reduction obligation and to keep the exceedance period as short as possible.

Where in a given NUTS 2 territorial unit, the average exposure reduction obligation laid down in Section 5 of Annex I is exceeded, Member States shall establish air quality plans for those NUTS 2 territorial units as soon as possible and no later than 2 years after the calendar year during which the exceedance of the average exposure reduction obligation was recorded. Those air quality plans shall set out appropriate and sufficient measures to achieve the average exposure reduction obligation and to keep the exceedance period as short as possible and in any case no longer than 3 years from the end of the calendar year in which the first exceedance was recorded.

Amendment  119

 

Proposal for a directive

Article 19 – paragraph 3 – subparagraph 2

 

Text proposed by the Commission

Amendment

Where exceedances of the average exposure reduction obligation persist during the fifth calendar year after the establishment of the air quality plan, Member States shall update the air quality plan and the measures therein, and take additional and more effective measures, in the subsequent calendar year to keep the exceedance period as short as possible.

Where exceedances of the average exposure reduction obligation persist during the third calendar year after the end of the calendar year in which the first exceedance was recorded, Member States shall update the air quality plan and the measures therein, including updated detailed information concerning the status of implementation of the Directives referred to in Point B, point 1, of Annex VIII and take additional and more effective measures, in the subsequent calendar year to keep the exceedance period as short as possible, and in any case no longer than 1 calendar year after the update of the air quality plan.

Amendment  120

 

Proposal for a directive

Article 19 – paragraph 4

 

Text proposed by the Commission

Amendment

4. Where from [insert year 2 years after entry into force of this Directive], until 31 December 2029 in a zone or NUTS 1 territorial unit, the levels of pollutants are above any limit value to be attained by 1 January 2030 as laid down in Table 1 of Section 1 of Annex I, Member States shall establish an air quality plan for the concerned pollutant as soon as possible and no later than 2 years after the calendar year during which the exceedance of the was recorded to attain the respective limit values or ozone target value by the expiration of the attainment deadline.

deleted

Where, for the same pollutant, Member States are required to establish an air quality plan in accordance with this paragraph as well as an air quality plan in accordance with Article 19(1), they may establish a combined air quality plan in accordance with Article 19(5), (6) and (7) and provide information on the expected impact of measures to reach compliance for each limit value it addresses, as required by in Annex VIII, points 5 and 6. Any such combined air quality plan shall set out appropriate measures to achieve all related limit values and to keep all exceedance periods as short as possible.

 

Amendment  121

 

Proposal for a directive

Article 19 – paragraph 5 – subparagraph 1 – introductory part

 

Text proposed by the Commission

Amendment

Air quality plans shall contain at least the following information:

Air quality plans and air quality roadmaps shall contain at least the following information:

Amendment  122

 

Proposal for a directive

Article 19 – paragraph 5 – subparagraph 1 – point b a (new)

 

Text proposed by the Commission

Amendment

 

(ba) the information referred to in Point B, point 1, of Annex VIII, and in particular measures included in the National Air Pollution Control Programme (NAPCP);

Amendment  123

 

Proposal for a directive

Article 19 – paragraph 5 – subparagraph 1 – point c

 

Text proposed by the Commission

Amendment

(c) where appropriate, information on abatement measures listed in Point B, Point 2 of Annex VIII.

(c) information on abatement measures listed in Point B, Point 2 of Annex VIII.

Amendment  124

 

Proposal for a directive

Article 19 – paragraph 5 – subparagraph 2

 

Text proposed by the Commission

Amendment

Member States shall consider including measures referred to in Article 20(2) and specific measures aiming at the protection of sensitive population and vulnerable groups, including children in their air quality plans .

Member States shall include measures referred to in Article 20(2) and specific measures aiming at the protection of sensitive population and vulnerable groups, including children in their air quality plans and air quality roadmaps.

Justification

Amendment for consistency, linked to the introduction of the term “air quality roadmap”.

Amendment  125

 

Proposal for a directive

Article 19 – paragraph 5 – subparagraph 3

 

Text proposed by the Commission

Amendment

Regarding the pollutants concerned, when preparing air quality plans, Member States shall assess the risk of exceeding the respective alert thresholds. That analysis shall be used for establishing short-term action plans where applicable.

Regarding the pollutants concerned, when preparing air quality plans or air quality roadmaps, Member States shall assess the risk of exceeding the respective alert thresholds. That analysis shall be used for establishing short-term action plans where applicable.

Amendment  126

 

Proposal for a directive

Article 19 – paragraph 5 – subparagraph 4

 

Text proposed by the Commission

Amendment

Where air quality plans shall be established in respect of several pollutants or air quality standards , Member States shall, where appropriate, establish integrated air quality plans covering all pollutants and air quality standards concerned.

Where air quality plans or air quality roadmaps shall be established in respect of several pollutants or air quality standards, Member States shall, where appropriate, establish integrated air quality plans or air quality roadmaps covering all pollutants and air quality standards concerned.

Justification

Amendment for consistency, linked to the introduction of the term “air quality roadmap”.

 

Amendment  127

 

Proposal for a directive

Article 19 – paragraph 5 – subparagraph 5

 

Text proposed by the Commission

Amendment

Member States shall, to the extent feasible, ensure consistency of their air quality plans with other plans that have a significant impact on air quality, including those required under Directive 2010/75/ EU of the European Parliament and of the Council58, Directives (EU) 2016/2284 and 2002/49/EC and under climate, energy, transport and agriculture legislation .

Member States shall, to the extent feasible, ensure consistency of their air quality plans and air quality roadmaps with other plans that have a significant impact on air quality, including those required under Directive 2010/75/ EU of the European Parliament and of the Council58, Directives (EU) 2016/2284 and 2002/49/EC and under climate, biodiversity protection, energy, transport and agriculture legislation.

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58 Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (OJ L 334, 17.12.2010, p. 17).

58 Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (OJ L 334, 17.12.2010, p. 17).

Justification

Amendment for consistency, linked to the introduction of the term “air quality roadmap”.

 

Amendment  128

 

Proposal for a directive

Article 19 – paragraph 5 a (new)

 

Text proposed by the Commission

Amendment

 

5a. The Commission may, at the request of a Member State, provide assistance and technical expertise in the framework of the Technical Support Instrument (TSI) in order to support air quality policies and measures in the Member State concerned.

Amendment  129

 

Proposal for a directive

Article 19 – paragraph 6 – subparagraph -1 (new)

 

Text proposed by the Commission

Amendment

 

Member States shall ensure that before the time period for receiving comments from the public starts, the draft air quality plan or draft air quality roadmap containing the minimum information required under Points A and B of Annex VIII is made available to the public on the internet, free of charge and without restricting access to registered users, and, where appropriate, through other non-digital communication channels. Member States may also make available to the public on the internet, free of charge and without restricting access to registered users, and, where appropriate, through other non-digital communication channels the following:

 

(a)  information on the methods used to assess the estimated impact of the air quality plan or air quality roadmap pursuant to Point Ba of Annex VIII, and the background documents and information used for the development of the draft air quality plan or draft air quality roadmap;

 

(b)  a non-technical summary of the information referred to in this subparagraph.

Amendment  130

 

Proposal for a directive

Article 19 – paragraph 6 – subparagraph 1

 

Text proposed by the Commission

Amendment

Member States shall consult the public, in accordance with Directive 2003/35/EC of the European Parliament and of the Council59 , and the competent authorities, which, by reason of their responsibilities in the field of air pollution and air quality, are likely to be concerned by the implementation of the air quality plans, on draft air quality plans and any significant updates of air quality plans prior to their finalisation.

Member States shall consult the public, in accordance with Directive 2003/35/EC of the European Parliament and of the Council59, and the competent authorities, which, by reason of their responsibilities in the field of air pollution and air quality, are likely to be concerned by the implementation of the air quality plans and air quality roadmaps, on draft air quality plans and draft air quality roadmaps and any significant updates of air quality plans and air quality roadmaps prior to their finalisation.

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59 Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003 providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment and amending with regard to public participation and access to justice Council Directives 85/337/EEC and 96/61/EC (OJ L 156, 25.6.2003, p. 17).

59 Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003 providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment and amending with regard to public participation and access to justice Council Directives 85/337/EEC and 96/61/EC (OJ L 156, 25.6.2003, p. 17).

Amendment  131

 

Proposal for a directive

Article 19 – paragraph 6 – subparagraph 2

 

Text proposed by the Commission

Amendment

When preparing air quality plans, Member States shall ensure that stakeholders whose activities contribute to the exceedance situation are encouraged to propose measures they are able to take to help end the exceedances and that non-governmental organisations, such as environmental organisations, consumer organisations, organisations representing the interests of sensitive population and vulnerable groups, other relevant health-care bodies and the relevant industrial federations are allowed to take part in those consultations.

Member States shall encourage the active involvement of all interested parties in the implementation of this Directive, in particular in the preparation, review and update of air quality plans and air quality roadmaps. When preparing air quality plans and air quality roadmaps, Member States shall ensure that stakeholders whose activities contribute to the exceedance situation are encouraged to propose measures they are able to take to help end the exceedances and that non-governmental organisations, such as environmental and health organisations, consumer organisations, organisations representing the interests of sensitive population and vulnerable groups, other relevant health-care bodies, including healthcare professionals and the relevant industrial federations are encouraged to take part in those consultations. Member States shall make sure that relevant stakeholders and citizens are duly informed about the specific sources and air pollutants affecting air quality and the relevant air pollution mitigation measures that exist and are available on the market.

Amendment  132

 

Proposal for a directive

Article 19 – paragraph 7

 

Text proposed by the Commission

Amendment

7. Air quality plans shall be communicated to the Commission within 2 months after their adoption .

7. Air quality plans and air quality roadmaps shall be communicated to the Commission within 2 months after their adoption .

Justification

Amendment for consistency, linked to the introduction of the term “air quality roadmap”.

 

Amendment  133

 

Proposal for a directive

Article 19 – paragraph 7 a (new)

 

Text proposed by the Commission

Amendment

 

7a. The Commission shall establish, by means of implementing acts, a template with the format and structure of the air quality plans and air quality roadmaps. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 26(2).

Amendment  134

 

Proposal for a directive

Article 19 – paragraph 7 b (new)

 

Text proposed by the Commission

Amendment

 

7b. The Commission may establish guidance on the elaboration, implementation and revision of air quality plans and, where appropriate, air quality roadmaps.

Amendment  135

 

Proposal for a directive

Article 19 – paragraph 7 c (new)

 

Text proposed by the Commission

Amendment

 

7c. The Commission shall facilitate the elaboration and implementation of the air quality plans and air quality roadmaps, where appropriate, through an exchange of good practices.

Amendment  136

 

Proposal for a directive

Article 20 – paragraph 1 – subparagraph 2

 

Text proposed by the Commission

Amendment

However, where there is a risk that the alert threshold for ozone Member States may refrain from drawing up such short-term action plans when there is no significant potential, taking into account national geographical, meteorological and economic conditions, to reduce the risk, duration or severity of such an exceedance.

However, where there is a risk that the alert threshold for ozone will be exceeded, Member States may refrain from drawing up such short-term action plans when there is no significant potential, taking into account national geographical, meteorological and economic conditions, to reduce the risk, duration or severity of such an exceedance.

Justification

Amendment consistent with changes to Annex IX.

Amendment  137

 

Proposal for a directive

Article 20 – paragraph 1 – subparagraph 2 a (new)

 

Text proposed by the Commission

Amendment

 

In order to inform citizens about poor air quality and its effects, competent authorities shall require the permanent display of easily understandable information on symptoms associated with air pollution peaks and on behaviour to reduce exposure to air pollution in the vicinity of communities of sensitive population and vulnerable groups.

Amendment  138

 

Proposal for a directive

Article 20 – paragraph 2

 

Text proposed by the Commission

Amendment

2. When drawing up the short-term action plans referred to in paragraph 1 Member States may, depending on the individual case, provide for effective measures to control and, where necessary, temporarily suspend activities which contribute to the risk of the respective limit values or target values or alert threshold being exceeded. Depending on the share of the main pollution sources to the exceedances to be addressed, those short-term action plans shall consider including measures in relation to transport , construction works, industrial installations and the use of products and domestic heating. Specific actions aiming at the protection of sensitive population and vulnerable groups, including children, shall also be considered in the framework of those plans.

2. When drawing up the short-term action plans referred to in paragraph 1 Member States may, depending on the individual case, provide for effective measures to control and, where necessary, temporarily suspend activities which contribute to the risk of the respective limit values or target values or alert threshold being exceeded. Member States shall also take into consideration the list of measures set out in Annex VIIIa for their short-term action plans, and depending on the share of the main pollution sources to the exceedances to be addressed, shall at least consider including measures in relation to transport, construction works, industrial installations and the use of products and domestic heating. Specific actions aiming at the protection of sensitive population and vulnerable groups, including children shall also be considered in the framework of those plans.

Amendment  139

 

Proposal for a directive

Article 20 – paragraph 3 a (new)

 

Text proposed by the Commission

Amendment

 

3a. Member States may request the Commission to provide technical assistance and support in drawing up the short-term action plans.

Amendment  140

 

Proposal for a directive

Article 20 – paragraph 4

 

Text proposed by the Commission

Amendment

4. When Member States have drawn up a short-term action plan, they shall make available to the public and to appropriate organisations such as environmental organisations, consumer organisations, organisations representing the interests of sensitive population and vulnerable groups, other relevant health-care bodies and the relevant industrial federations both the results of their investigations on the feasibility and the content of specific short-term action plans as well as information on the implementation of these plans.

4. When Member States have drawn up a short-term action plan, they shall make available to the public and to appropriate organisations such as environmental and health organisations consumer organisations, organisations representing the interests of sensitive population and vulnerable groups, healthcare professionals, other relevant health-care bodies and the relevant industrial federations both the results of their investigations on the feasibility and the content of specific short-term action plans as well as information on the implementation of these plans.

Justification

These changes are linked to Article 27, which provides for access to justice for the members of the public, including non-governmental organisations. The proposed changes ensure consistency with recitals 39 and 40, and are inherently linked to Article 27.

 

Amendment  141

 

Proposal for a directive

Article 20 – paragraph 4 a (new)

 

Text proposed by the Commission

Amendment

 

4a. Member States shall use modelling and forecasting to identify the risk that the levels of pollutants will exceed one or more of the alert thresholds and shall ensure that emergency measures enter into force soon after a risk of exceedance is forecasted in order to prevent such exceedance.

Justification

Amendment needed for the internal logic of the text.

 

Amendment  142

 

Proposal for a directive

Article 20 – paragraph 5 a (new)

 

Text proposed by the Commission

Amendment

 

5a. The Commission may establish guidelines setting out best practices for drawing up short-term action plans, including examples of best practices for the protection of sensitive population and vulnerable groups, including children. Those examples shall be updated regularly. The Commission shall promote the exchange of best practices among Member States through the EU Clean Air Forum.

Amendment  143

 

Proposal for a directive

Article 21 – paragraph 1 – subparagraph 2

 

Text proposed by the Commission

Amendment

The Member States concerned shall cooperate to identify the sources of air pollution and the measures to be taken to address those sources, and draw up joint activities, such as the preparation of joint or coordinated air quality plans pursuant to Article 19, in order to remove such exceedances .

The Member States concerned shall cooperate at national, regional and local level, including by establishing joint teams of experts, to identify the sources of air pollution and the shares of pollution originating from each country and the measures to be taken individually and jointly to address those sources, and draw up joint activities, such as the preparation of joint or coordinated air quality plans pursuant to Article 19, in order to remove such exceedances.

Amendment  144

 

Proposal for a directive

Article 21 – paragraph 1 – subparagraph 2 a (new)

 

Text proposed by the Commission

Amendment

 

The Member States concerned shall inform the Commission without undue delay of the situation and measures taken.

 

Amendment  145

 

Proposal for a directive

Article 21 – paragraph 1 – subparagraph 3

 

Text proposed by the Commission

Amendment

Member States shall respond to each other in a timely manner, and no later than 3 months after being notified by another Member State in accordance with the first subparagraph.

Member States shall respond to each other in a timely manner, and no later than 2 months after being notified by another Member State in accordance with the first subparagraph.

Amendment  146

 

Proposal for a directive

Article 21 – paragraph 2

 

Text proposed by the Commission

Amendment

2. The Commission shall be informed of, and invited to be present and to assist in any cooperation referred to in paragraph 1 of this Article . Where appropriate, the Commission shall, taking into account the reports established pursuant to Article 11 of Directive (EU) 2016/2284 , consider whether further action shall be taken at Union level in order to reduce precursor emissions responsible for transboundary pollution.

2. The Commission shall be informed of, and invited to be present, assist and oversee any cooperation referred to in paragraph 1 of this Article. The Commission may also, in cooperation with the Member States concerned, draw up working plans for the implementation of proposed measures. Where appropriate, the Commission shall, taking into account the reports established pursuant to Article 11 of Directive (EU) 2016/2284, consider whether further action shall be taken at Union level in order to reduce precursor emissions responsible for transboundary pollution.

Justification

Amendment needed for the internal logic of the text.

 

Amendment  147

 

Proposal for a directive

Article 21 – paragraph 3 a (new)

 

Text proposed by the Commission

Amendment

 

3a. Where a Member State takes legal action for a violation of the national provisions adopted pursuant to this Directive, as referred to in Article 29, that have caused air pollution in another Member State, Member States shall cooperate in an efficient manner.

Amendment  148

 

Proposal for a directive

Article 22 – paragraph 1 – introductory part

 

Text proposed by the Commission

Amendment

1. Member States shall ensure that the public as well as appropriate organisations such as environmental organisations, consumer organisations, organisations representing the interests of sensitive populations and vulnerable groups , other relevant health-care bodies and the relevant industrial federations are informed, adequately and in good time, of the following:

1. Member States shall ensure that the public as well as appropriate organisations such as environmental and health organisations, consumer organisations, organisations representing the interests of sensitive populations and vulnerable groups, healthcare professionals and other relevant health-care bodies and the relevant industrial federations are informed, adequately and in good time, of the following:

Justification

These changes are linked to Article 27, which provides for access to justice for the members of the public, including non-governmental organisations. The proposed changes ensure consistency with recitals 39 and 40, and are inherently linked to Article 27.

 

Amendment  149

 

Proposal for a directive

Article 22 – paragraph 1 – point a

 

Text proposed by the Commission

Amendment

(a) air quality in accordance with Annex points 1 and 3 of IX;

(a) air quality in accordance with Annex IX;

Justification

Technical correction, needed to ensure the internal coherence of the text.

Amendment  150

 

Proposal for a directive

Article 22 – paragraph 1 – point a a (new)

 

Text proposed by the Commission

Amendment

 

(aa) any observed lack of data from sampling points, in particular in relation to the data referred to in point 1, points (a) and (b), of Annex IX;

Justification

Amendment needed for the internal logic of the text (Annex IX).

 

Amendment  151

 

Proposal for a directive

Article 22 – paragraph 1 – point c

 

Text proposed by the Commission

Amendment

(c) air quality plans as provided for in Article 19;

(c) air quality plans and air quality roadmaps as provided for in Article 19;

Justification

Amendment for consistency, linked to the introduction of the term “air quality roadmap”.

 

Amendment  152

 

Proposal for a directive

Article 22 – paragraph 1 – point d

 

Text proposed by the Commission

Amendment

(d) short-term action plans as provided for in Article 20;

(d) short-term action plans drawn up in accordance with Article 20;

Amendment  153

 

Proposal for a directive

Article 22 – paragraph 1 – point d a (new)

 

Text proposed by the Commission

Amendment

 

(da) overview of air pollution sources and air pollutants affecting air quality in a Member State concerned;

Amendment  154

 

Proposal for a directive

Article 22 – paragraph 1 – point d b (new)

 

Text proposed by the Commission

Amendment

 

(db) documentation submitted to the Commission in relation to exceedances caused by natural sources referred to in Article 16(2);

Amendment  155

 

Proposal for a directive

Article 22 – paragraph 1 – point d c (new)

 

Text proposed by the Commission

Amendment

 

(dc) documentation on site selection referred to in point D of Annex IV;

Amendment  156

 

Proposal for a directive

Article 22 – paragraph 1 – point e

 

Text proposed by the Commission

Amendment

(e) the effects of exceedances of limit values, ozone target values, average exposure reduction obligations, information thresholds and alert thresholds in a summary assessment ; the summary assessment shall include, where appropriate, further information and assessments on forest protection as well as information on pollutants covered by Article 10 and Annex VII.

(e) the effects of exceedances of limit values, ozone target values, average exposure reduction obligations and average exposure concentration objectives, information thresholds and alert thresholds in a summary assessment ; the summary assessment shall include, where appropriate, further information and assessments on forest protection as well as information on pollutants covered by Article 10 and Annex VII.

Amendment  157

 

Proposal for a directive

Article 22 – paragraph 2

 

Text proposed by the Commission

Amendment

2. Member States shall establish an air quality index covering sulphur dioxide, nitrogen dioxide, particulate matter (PM10 and PM2.5) and ozone, and make it available through a public source providing an hourly update. The air quality index shall consider the recommendations by the WHO and build on the air quality indices at European scale provided by the European Environmental Agency.

2. Member States shall establish an air quality index covering sulphur dioxide, nitrogen dioxide, particulate matter (PM10 and PM2.5) and ozone, and make it available in a coherent and easily understandable manner through a public source providing an hourly update, ensuring that sufficient real-time data is available in all stations. The air quality index shall be comparable across all Member States and follow the most up-to-date recommendations by the WHO and be based on the air quality indices at European scale provided by the European Environmental Agency. The air quality index shall be accompanied by information about the associated health risks for each pollutant, including information tailored to sensitive population and vulnerable groups.

Amendment  158

 

Proposal for a directive

Article 22 – paragraph 2 a (new)

 

Text proposed by the Commission

Amendment

 

2a. By ... [12 months after the date of entry into force of this Directive], the Commission shall adopt delegated acts in accordance with Article 25 to supplement this Directive by specifying how the air quality index shall be calculated and presented, and the format and structure of the information provided to the public.

Amendment  159

 

Proposal for a directive

Article 22 – paragraph 2 b (new)

 

Text proposed by the Commission

Amendment

 

2b. Member States shall promote the display of information on symptoms associated with air pollution peaks and on air pollution exposure reduction and protection behaviours, in buildings frequented by sensitive population and vulnerable groups, such as healthcare facilities.

Amendment  160

 

Proposal for a directive

Article 22 – paragraph 3

 

Text proposed by the Commission

Amendment

3. Member States shall inform the public of the competent authority or body designated in relation to the tasks referred to in Article 5.

3. Member States shall inform the public of the competent authority or body designated in relation to the tasks referred to in Article 5 and of the competent authority or body operating the sampling points established pursuant to Article 9 and Annex IV.

Justification

Amendment for consistency, linked to the provision on access to justice (Article 27) and compensation for damage to human health (Article 28).

 

Amendment  161

 

Proposal for a directive

Article 22 – paragraph 4

 

Text proposed by the Commission

Amendment

4. The information referred to in this Article shall be made available to the public free of charge by means of easily accessible media and communication channels in accordance with Directive 2007/2/EC60 and Directive (EU)2019/102461 of the European Parliament and of the Council .

4. The information referred to in this Article shall be made available to the public free of charge by means of easily accessible media and communication channels in a coherent and easily understandable manner in accordance with Directive 2007/2/EC60and Directive (EU)2019/102461of the European Parliament and of the Council while ensuring broad public access.

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60 Directive 2007/2/EC of the European Parliament and the Council of 14 March 2007 establishing an infrastructure for spatial information in the European Community (INSPIRE) (OJ L 108, 25.4.2007, p. 1).

60 Directive 2007/2/EC of the European Parliament and the Council of 14 March 2007 establishing an infrastructure for spatial information in the European Community (INSPIRE) (OJ L 108, 25.4.2007, p. 1).

61 Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data and the re-use of public sector information (OJ L 172, 26.6.2019, p. 56).

61 Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data and the re-use of public sector information (OJ L 172, 26.6.2019, p. 56).

Amendment  162

 

Proposal for a directive

Article 23 – paragraph 2 – introductory part

 

Text proposed by the Commission

Amendment

2. For the specific purpose of assessing compliance with the limit values, ozone target values, average exposure reduction obligations and critical levels , the information referred to in paragraph 1 shall be made available to the Commission no later than 4 months after the end of each calendar year and shall include:

2. For the specific purpose of assessing compliance with the limit values, ozone target values, average exposure reduction obligations, average exposure concentration objectives, and critical levels , the information referred to in paragraph 1 shall be made available to the Commission no later than 4 months after the end of each calendar year and shall include:

Amendment  163

 

Proposal for a directive

Article 23 – paragraph 2 – point a

 

Text proposed by the Commission

Amendment

(a) the changes made in that year to the list and delimitation of zones established under Article 6 or any NUTS 1 territorial unit ;

(a) the changes made in that year to the list and delimitation of zones established under Article 6 or any NUTS 2 territorial unit ;

Amendment  164

 

Proposal for a directive

Article 23 – paragraph 2 – point b – introductory part

 

Text proposed by the Commission

Amendment

(b) the list of zones and NUTS 1 territorial units and the levels of pollutants assessed. For zones in which the levels of one or more pollutants are higher than the limit values or critical levels , as well as for NUTS 1 territorial units where the levels of one or more pollutants are higher than the target values or average exposure reduction obligations: :

(b) the list of zones and NUTS 2 territorial units and the levels of pollutants assessed. For zones in which the levels of one or more pollutants are higher than the limit values or critical levels, as well as for NUTS 2 territorial units where the levels of one or more pollutants are higher than the target values, average exposure reduction obligations or average exposure concentration objectives:

Amendment  165

 

Proposal for a directive

Article 25 – paragraph 2

 

Text proposed by the Commission

Amendment

2. The power to adopt delegated acts referred to in Article 24 shall be conferred on the Commission for an indeterminate period of time from … [date of entry into force of this Directive].

2. The power to adopt delegated acts referred to in Article 22(2a), Article 24 and Article 29(3a) shall be conferred on the Commission for a period of five years from ... [date of entry into force of this Directive]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Amendment  166

 

Proposal for a directive

Article 25 – paragraph 3

 

Text proposed by the Commission

Amendment

3. The delegation of power referred to in Article 24 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

3. The delegation of power referred to in Article 22(2a), Article 24 and Article 29(3a) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

Amendment  167

 

Proposal for a directive

Article 25 – paragraph 5 – subparagraph 2

 

Text proposed by the Commission

Amendment

A delegated act adopted pursuant to Article 24 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of 2 months of notification of that act to the European Parliament and to the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months at the initiative of the European Parliament or of the Council.

A delegated act adopted pursuant to Article 22(2a), Article 24 and Article 29(3a) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of 2 months of notification of that act to the European Parliament and to the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months at the initiative of the European Parliament or of the Council.

Amendment  168

 

Proposal for a directive

Article 27 – paragraph 1 – subparagraph 1 – introductory part

 

Text proposed by the Commission

Amendment

Member States shall ensure that, in accordance with their national legal system, members of the public concerned have access to a review procedure before a court of law, or another independent and impartial body established by law, to challenge the substantive or procedural legality of all decisions, acts or omissions concerning air quality plans referred to in Article 19, and short term action plans referred to in Article 20, of the Member State, provided that any of the following conditions is met:

Member States shall ensure that, in accordance with their national legal system, members of the public concerned have access to a review procedure before a court of law, or another independent and impartial body established by law, to challenge the substantive or procedural legality of all decisions, acts or omissions by Member States including, but not limited to, those concerning the classification of zones under Article 7, the network design, location and relocation of sampling points under Article 9, air quality plans and air quality roadmaps referred to in Article 19 and short term action plans referred to in Article 20, provided that any of the following conditions is met:

Amendment  169

 

Proposal for a directive

Article 27 – paragraph 1 – subparagraph 3

 

Text proposed by the Commission

Amendment

The interest of any non-governmental organisation which is a member of the public concerned shall be deemed sufficient for the purposes of the first paragraph, point (a). Such organisations shall also be deemed to have rights capable of being impaired for the purposes of the first paragraph, point (b).

The interest of any natural person affected or likely to be affected by exceedances of air quality standards, or having an interest in the decision-making procedures related to the implementation of the obligations under this Directive, and of any non-governmental organisation, which are both members of the public concerned shall be deemed sufficient for the purposes of the first paragraph, point (a). Such natural persons and organisations shall also be deemed to have rights capable of being impaired for the purposes of the first paragraph, point (b).

Amendment  170

 

Proposal for a directive

Article 27 – paragraph 2

 

Text proposed by the Commission

Amendment

2. To have standing to participate in the review procedure shall not be conditional on the role that the member of the public concerned played during a participatory phase of the decision-making procedures related to Article 19 or 20.

2. To have standing to participate in the review procedure shall not be conditional on the role that the member of the public concerned played during a participatory phase of the decision-making procedures under this Directive.

Amendment  171

 

Proposal for a directive

Article 28 – paragraph 1

 

Text proposed by the Commission

Amendment

1. Member States shall ensure that natural persons who suffer damage to human health caused by a violation of Articles 19(1) to 19(4), 20(1) and 20(2), 21(1) second sub-paragraph and 21(3) of this Directive by the competent authorities are entitled to compensation in accordance with this article.

1. Member States shall ensure that natural persons who suffer damage to human health caused by a violation of this Directive, including, but not limited to, Article 13, Articles 19(1) to 19(4), 20(1) and 20(2), Article 21(1) second subparagraph, and Article 21(3) of this Directive by an omission, decision, act or delay of a decision or act of the competent authorities are entitled to compensation in accordance with this article.

Amendment  172

 

Proposal for a directive

Article 28 – paragraph 2

 

Text proposed by the Commission

Amendment

2. Member States shall ensure that non-governmental organisations promoting the protection of human health or the environment and meeting any requirements under national law are allowed to represent natural persons referred to in paragraph 1 and bring collective actions for compensation. The requirements set out in Article 10 and Article 12(1) of Directive (EU) 2020/1828 shall mutatis mutandis apply to such collective actions.

2. Member States shall ensure that non-governmental organisations promoting the protection of human health or the environment are allowed to represent natural persons referred to in paragraph 1 and bring collective actions for compensation. The requirements set out in Article 10 and Article 12(1) of Directive (EU) 2020/1828 shall mutatis mutandis apply to such collective actions.

Amendment  173

 

Proposal for a directive

Article 28 – paragraph 4 – subparagraph 1

 

Text proposed by the Commission

Amendment

Where a claim for compensation is supported by evidence showing that the violation referred to in paragraph 1 is the most plausible explanation for the occurrence of the damage of that person, the causal link between the violation and the occurrence of the damage shall be presumed.

Where a claim for compensation is supported by evidence, including relevant scientific data, from which it may be presumed that the violation referred to in paragraph 1 has caused or contributed to the occurrence of the damage of that person, the causal link between the violation and the occurrence of the damage shall be presumed.

Amendment  174

 

Proposal for a directive

Article 28 – paragraph 4 – subparagraph 2 a (new)

 

Text proposed by the Commission

Amendment

 

Member States shall ensure that where the claimant has provided reasonably available evidence to support a claim for compensation in accordance with paragraph 1, and has reasonably substantiated that additional evidence lies in the control of the respondent public authority or a third party, if requested by the claimant, the court or administrative authority is able to order that such evidence be disclosed by the respondent public authority or third party in accordance with national procedural law and subject to the applicable Union and national rules on confidentiality and proportionality.

Amendment  175

 

Proposal for a directive

Article 28 – paragraph 4 – subparagraph 2 b (new)

 

Text proposed by the Commission

Amendment

 

The violation of this Directive by the respondent public authority shall be presumed where the respondent public authority has failed to comply with an obligation to disclose relevant requested evidence at its disposal pursuant to this paragraph.

 

Amendment  176

 

Proposal for a directive

Article 28 – paragraph 4 a (new)

 

Text proposed by the Commission