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From · report parliamentary committee draft · 2023-02-23 ENVI-PR-742410 on the proposal for a directive of the European Parliament and of the Council Ambient Air quality and cleaner air for Europe (recast)

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To · opinion parliamentary committee · 2023-05-25 TRAN-AD-742298 on the proposal for a directive of the European Parliament and of the Council Proposal for a Directive of the European Parliament and of the Council on ambient air quality and cleaner air for Europe (recast)

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~~Symbols for procedures~~

SHORT JUSTIFICATION

* Consultation procedure

All people have a right to breathe clean air. Air pollution is one of the most serious forms of pollution, which often persists for long periods of time with devastating long-term effects on human health, the environment and society as a whole.

*** Consent procedure

Air pollution continues to be the number one environmental cause of early death in the European Union. Every year, approximately 300 000 persons die prematurely due to air pollution, and many more suffer from a significant number of noncommunicable diseases such as asthma, cardiovascular problems, chronic obstructive pulmonary disease and lung cancer. Women, children, the elderly, residents in heavily polluted areas and workers exposed to high levels of pollution in their daily lives, not least in the transport sector, are particularly impacted.

***I Ordinary legislative procedure (first reading)

As one of the main sources of air pollution, the transport sector plays a particularly important role in the Union’s efforts to improve air quality. Shifting to zero-emission technologies, vehicles and fuels is imperative to reduce transport-induced emissions and air pollutant concentrations, notably in urban areas and in ports.

***II Ordinary legislative procedure (second reading)

Change is possible. Political will, investments and efficient policies are necessary to deliver the societal and industrial changes that are required to tangibly reduce and eliminate air pollution.

***III Ordinary legislative procedure (third reading)

The European Union has succeeded in reducing the concentration of air pollutants over the past two decades. The continued and improved reduction of air pollution benefits both the wellbeing of humans and the environment and at societal level the benefits far outweigh the costs involved. Since the year 2000, air polluting emissions in the EU have decreased significantly thanks to EU and national legislation, whilst the registered GDP has grown by approximately 30 percent. Hence, the Union has successfully decoupled the reduction of air pollution and economic growth.

~~(The type of procedure depends on the legal basis proposed by the draft act.)~~

However, while the measures taken have resulted in overall emissions reductions, exceedances of some of the most harmful pollutants are still widespread and persistent. Therefore, it is necessary to revise and update of the main EU air quality policy instruments - the ambient air quality directives (AAQDs).

~~Amendments to a draft act~~

The 2019 AAQDs fitness check conducted by the European Commission has identified a string of deficiencies that hamper the full potential of the directives to bring about the intended results. To this end, the current revision seeks to address the following key weaknesses of these policy instruments;

~~Amendments by Parliament set out in two columns~~

a) legislative simplification by merging the two directives into one;

~~Deletions are indicated in bold italics in the left-hand column. Replacements are indicated in bold italics in both columns. New text is indicated in bold italics in the right-hand column.~~

b) alignment of EU air quality standards more closely with most recent WHO recommendations;

The first and second lines of the header of each amendment identify the relevant part of the draft act under consideration. If an amendment pertains to an existing act that the draft act is seeking to amend, the amendment heading includes a third line identifying the existing act and a fourth line identifying the provision in that act that Parliament wishes to amend.

c) improvement of the legislative framework notably with regards to air quality assessment and monitoring, governance and enforcement as well as penalties, public information and access to justice and compensation;

~~Amendments by Parliament in the form of a consolidated text~~

Your Rapporteur welcomes this much-needed systemic update of the AAQDs, not least with regards to the ongoing trend of increased urbanisation in all Member States which carries with it the inherent risk of even more air pollution linked to growing transportation and industrial output. The AAQDs revision will only be successful if it is closely linked to the objectives of the European Green Deal, the Zero Pollution Action Plan as well as ongoing and planned policies enhancing the sustainability and greening the transport sector. To this end, your Rapporteur proposes a number of amendments that intend to strengthen those aspects of the new directive, specifically in relation to transport-related measures.

New text is highlighted in bold italics. Deletions are indicated using either the ▌symbol or strikeout. Replacements are indicated by highlighting the new text in bold italics and by deleting or striking out the text that has been replaced.

This includes strengthening the transport-related elements that will be part of the information included in Member States’ air quality plans for the improvement of ambient air quality. Notably, where the transport sector is part of the emission sources responsible for pollution, information on air pollution shall be broken down and reported per each mode of transport.

~~By way of exception, purely technical changes made by the drafting departments in preparing the final text are not highlighted.~~

Member States shall also be obliged to report on all air pollution abatement measures that stem from the reduction of emissions from road, maritime, and air transport through the use of alternative fuels and deployment of alternative fuels infrastructure, as well as the use of economic incentives to accelerate their take-up.

~~DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION~~

Furthermore, information shall be provided on all measures to reduce air pollution in hotspots, including in ports, notably through the deployment of on-shore power infrastructure for ships at berth, as well as measures to better protect the health of workers who are exposed to unhealthy levels of air pollution in their profession. Also information regarding existing and planned zero-emission zones and data relevant for the reductions of emissions and pollutant concentrations contained in Sustainable Urban Mobility Plans shall be provided.

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

Your Rapporteur believes it is necessary to improve the functioning of the sampling points for air pollutants, especially in locations where pollution levels are predominately determined by concentrations of traffic emissions from nearby roads.

~~(COM(2022)0542 – C90364/2022 – 2022/0347(COD))~~

Moreover, your Rapporteur agrees on the importance of ensuring that that the information collected on air pollution is sufficiently representative and comparable across the Union. Therefore, the Commission should adopt guidance and templates concerning the content, structure and format of the Member States’ air quality indexes.

~~(Ordinary legislative procedure – recast)~~

In order to ensure that the AAQDs are fully aligned with the latest scientific findings on air pollutants, your Rapporteur proposes that the Commission regularly commissions an independent review of the scientific evidence related to air pollutants and their effects on human health and the environment. The World Health Organization shall be closely involved in this process.

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

Finally, the Rapporteur considers it extremely important that citizens in the Union have the same opportunities to access information and data on air pollution and can have access to justice as a group or individual. A solid framework that allows a swift pathway for citizens to claim compensation is required. The Rapporteur welcomes the conditions to access justice presented by the Commission, but emphasises that this will only be an effective and reliable tool if the conditions work in practice in the daily lives of citizens.

~~– 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 (C90364/2022),~~

AMENDMENTS

~~– 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 ... ,~~

~~– having regard to the opinion of the Committee of the Regions of…,~~

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

– having regard to the letter of xxx 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 (A90000/2023),~~

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 4~~

Recital 2 a (new)

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 .

(2a) In December 2020, the Commission presented its Sustainable and Smart Mobility Strategy, advocating for increasing the modal shares of collective transport, walking and cycling, as well as automated, connected and multimodal mobility, in order to significantly lower pollution and congestion from transport, especially in cities, and improve the health and well-being of citizens.

(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 and 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 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 .

~~__________________~~

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).

~~Or. en~~

Amendment 2

Proposal for a directive

Recital 42 ab (new)

Text proposed by the Commission

Amendment

(4a) In September 2021, the World Health Organization (WHO) released new Air Quality Guidelines, based on a comprehensive synthesis of the scientific evidence on health effects of air pollution. This Directive takes into account the latest scientific understanding on the need to fully align the Union air quality standards with the most recent WHO guidelines in order to fulfil the overall objectives of the Zero Pollution Action Plan.

(2b) In the 2005 impact assessment prior to the proposal of the current Ambient Air Quality directive, the Commission assessed the direct costs of complying with their proposal for the directive at between €5 and €8 billion, and the monetised health benefits at between €37 to €119 billion per annum in 2020, thereby concluding that benefits of the air quality policy greatly exceeded implementation cost.

~~Or. en~~

Amendment 3

Proposal for a directive

Recital 54

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’ 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 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, the well-being of citizens, the fight against inequalities, the sustainability of solidarity-based social protection systems, the achievement of the Sustainable Development Goals, 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, guided by the non-regression principle.

(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 progressive approach towards setting current and future EU air quality standards should be pursued, establishing intermediate air quality standards for the year 2030 and beyond, ensuring the full alignment of EU air quality standards with the WHO Air Quality Guidelines as soon as possible and by 2050 at the latest, based on a regular review mechanism to take into account the latest scientific understanding. Since transport emissions are the main source for air pollution in urban and coastal environment and 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 and through the implementation of the ‘Fit for 55’ legislative package and its relevant effects on air pollution.

~~Or. en~~

__________________

Amendment 4

Proposal for a directive

~~Recital 8~~

Recital 4 a (new)

Text proposed by the Commission

Amendment

(8) A common approach to the assessment of ambient air quality should be followed by applying common assessment criteria. When assessing ambient air quality, account should be taken of the size of populations and ecosystems exposed to air pollution. It is therefore appropriate to classify the territory of each Member State into zones reflecting the population density.

~~Or. en~~

~~Justification~~

Amended for consistency with Recital 5, that introduces “the fight against social inequalities” in the text. According to the World Health Organization, socio-economic factors are a major health determinant. Therefore, they should be taken into account when assessing ambient air quality. https://www.who.int/health-topics/social-determinants-of-health#tab=tab_1

Amendment 5

Proposal for a directive

~~Recital 11~~

Recital 4 a (new)

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.

(4 a) The societal benefits of continued and improved reduction of air pollution far outweigh the costs involved. Since the year 2000, air-polluting emissions in the EU have decreased significantly thanks to Union and national legislation, whilst the registered GDP has grown by approximately 30 percent. Hence, the Union has successfully decoupled the reduction of air pollution from economic growth.1a

__________________

~~Or. en~~

1a EEA Report No 9/2020 (https://www.eea.europa.eu/publications/air-quality-in-europe-2020-report

Amendment 6

Proposal for a directive

Recital 125

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 at rural background locations should be made in order to understand better the transboundary contribution and 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 .

(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 and transport poverty; food security and affordability; the development of sustainable and smart mobility and the modal shift towards such transport solutions as well as their infrastructure, including alternative fuel infrastructure; economic incentives for individuals and companies to invest in vehicles with lower air pollution emissions; 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, since low-income and vulnerable groups tend to be disproportionately affected by pollution; best available and most recent scientific evidence, in particular the findings reported by the WHO; the need to integrate air pollution1a 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.

~~__________________~~

__________________

~~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).~~

1a https://www.eea.europa.eu/publications/unequal-exposure-and-unequal-impacts https://airqualitynews.com/health/air-pollution-has-twice-the-impact-on-lung-function-for-lower-income-households/ https://www.london.gov.uk/sites/default/files/aether_updated_london_air_pollution_exposure_final.pdf

~~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).~~

~~Or. en~~

~~Justification~~

Particulate matter is a type of air pollution that can travel long distances in the atmosphere. Long-range transport of particulate matter contributes significantly to exposure and to health effects. This aspect should be highlighted in the text. https://www.euro.who.int/__data/assets/pdf_file/0006/78657/E88189.pdf

Amendment 7

Proposal for a directive

Recital 157

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.

(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.

(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 energy generation. 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.

~~Or. en~~

~~Justification~~

~~New drafting for consistency with the changes made to ANNEX I and the wording used when mentioning the WHO Air Quality Guidelines and the latest scientific evidence.~~

Amendment 8

Proposal for a directive

Recital 168

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 significant negative impacts 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, stroke, diabetes, lung cancer, impaired cognitive development and dementia. Although everyone is affected by those substances, certain groups are especially sensitive and vulnerable and more likely to experience adverse health effects, such as for example those with specific pre-existing health conditions (e.g. respiratory or cardiovascular diseases), pregnant women, newborns, children, the elderly, people living in poverty, people living with disabilities or people with inadequate access to medical care. Impact on human health and the environment occurs via concentrations in ambient air and via deposition.

~~Or. en~~

Amendment 9

Proposal for a directive

~~Recital 16 a (new)~~

Recital 11

Text proposed by the Commission

Amendment

(16a) Air pollution affects the human body in the short and long term, in ways that are detrimental to health. Even though air pollution is a universal health problem that affects everyone on this planet, the risks are not evenly distributed amongst the population, with some groups of people at greater risk of harm. Vulnerable people 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. This Directive recognises the increased risks and specific needs of sensitive population and vulnerable groups as regards air pollution and aims at addressing and ending health inequalities caused by polluted air.

~~Or. en~~

(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 further scientific understanding of their effects on health and the environment, as recommended by the WHO, and that, where found necessary, appropriate limit values for these pollutants are established.

Amendment 10

Proposal for a directive

Recital 1813

Text proposed by the Commission

Amendment

(13) In order to ensure that the information collected on air pollution is sufficiently representative and comparable across the Union , it is important that standardised measurement techniques and common criteria for the number and location of measuring stations are used for the assessment of ambient air quality. Techniques other than measurements can be used to assess ambient air quality and it is therefore necessary to define criteria for the use and required accuracy of such techniques.

(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, and should by no means serve as a substitute for those limit values, which have been demonstrated to be the most effectively enforceable standards to date.

(13) In order to ensure that the information collected on air pollution is sufficiently representative and comparable across the Union, it is important that standardised measurement techniques and common criteria for the number and location of measuring stations are used, based on Commission detailed guidelines, for the assessment of ambient air quality. Techniques other than measurements can be used to assess ambient air quality and it is therefore necessary to define criteria for the use and required accuracy of such techniques.

~~Or. en~~

Amendment 11

Proposal for a directive

Recital 1915

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, ozone, 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.

(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, for each category of the source of pollutants, 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. Member States should collect data on measures and technologies to combat emissions of harmful air pollutants and make available information on best practices.

~~__________________~~

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

~~Or. en~~

Amendment 12

Proposal for a directive

~~Recital 21~~

Recital 15 a (new)

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 .

(15 a) Member States should carry out regular transport infrastructure quality checks to identify the areas in need of decongestion and infrastructure optimisation and take appropriate measures in those areas, with the support of EU funding where applicable.

(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 limit value 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 .

~~__________________~~

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).

~~Or. en~~

~~Justification~~

Ozone is an important air pollutant, with well-established health effects of short-term and long-term exposure and therefore commonly used in air pollution burden assessments. For that reason, the ozone target value for the protection of human health has been transformed into a limit value in the Rapporteur proposal (Annex I). Amendment to clarify the impacts of ozone pollution, in relation to the changes on the proposal.

Amendment 13

Proposal for a directive

Recital 2219

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 existing ozone target values of ensuring effective protection against harmful effects on human health should be updated and transformed, in light of the most recent recommendations of the World Health Organization, into a legally binding limit value in order to ensure that adequate measures to decrease ozone concentrations across the Union are taken and that the health of Union citizens is better protected.

(19) The Fitness Check of the Ambient Air Quality Directives (Directives 2004/107/EC and 2008/50/EC) has shown that limit values are more effective in bringing down pollutant concentrations than other types of air quality standards. 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.

~~Or. en~~

__________________

~~Justification~~

__________________

~~Amendment to reflect the change in the proposal of the ozone target value for protection of human into a limit value.~~

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

Amendment 14

Proposal for a directive

~~Recital 23~~

Recital 21 a (new)

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.

(21 a) To prevent any exceedance of air pollution levels and to improve information to the public, an early warning system (EWS), including modelling tools and stress tests, should be established to identify any air quality problems in a Member State before they become systemic and risk that the concentrations of the pollutants are 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 vulnerable groups and sensitive sections, 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.

~~Or. en~~

~~Justification~~

Information thresholds are designed to protect the vulnerable population from air pollution. Given that sensitive groups bear a disproportionate burden, it is unfounded that information thresholds are only applicable for ozone only. Amendment consistent with recommended changes to Article 15 and Annex I.

Amendment 15

(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,~~met. The Commission should draft recommendations with short- and long- term measures based on the source and category of pollution and Member States should take immediate and continuous action in order to comply with the limit values, average exposure reduction ~~obligations,~~obligations and critical ~~levels~~levels, and where possible, to attain the ozone target values and long-term objectives. Members States should notify the Commission of the immediate and continuous actions taken in accordance with the procedure included in this Directive.

~~Or. en~~

~~Justification~~

~~Amendment to reflect the change in the proposal of the ozone target value for protection of human health into a limit value.~~

Amendment 16

Proposal for a directive

~~Recital 29~~

Recital 25 a (new)

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.

(25 a) Air quality plans should include provisions for the reduction of voluntary idling of vehicles in order to reduce the emissions related to such idling.

(29) Contributions from natural sources can be assessed but can in some instances be difficult to control. However, the overall health impact of such contributions can be reduced. 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 or prevented, these may, under the conditions laid down in this Directive, be subtracted when assessing compliance with air quality limit values. The subtraction should be allowed provided that reasonable measures have been taken to reduce local emissions from anthropogenic sources during the episodes and to inform the population about individual actions to reduce the exposure. Moreover, Member States should be able to demonstrate the unpreventable nature of the episode. 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 for particulate matter provided that all reasonable measures have been taken to lower concentrations and that the source contribution from winter-sanding and winter-salting in relation to other sources has been assessed by analyses of chemical constituents of particulate matter and the population has been informed about potential individual actions to reduce the exposure.

~~Or. en~~

~~Justification~~

Scientific evidence demonstrates that air pollution from “natural” sources is also harmful to human health, for that reason it is necessary to reinforce this flexibility. Changes in the recital are necessary to ensure the consistency with changes to paragraph 2 of Article 16.

Amendment 17

Proposal for a directive

~~Recital 30~~

Recital 28 c (new)

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.

(28c) The impact of maritime transport, particularly sulphur dioxide emissions, 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.

(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.

~~Or. en~~

~~Justification~~

~~The term "agglomeration" deleted for consistency, since it has been deleted at the beginning of the Recital and in the text of the COM proposal as well.~~

Amendment 18

Proposal for a directive

~~Recital 31~~

Recital 28 d (new)

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 .

(28d) For the Mediterranean, implementation of a SECA zone was agreed at IMO level recently. While sulphur dioxide pollution is the most detrimental part of exhausts of maritime transport, NOx should not be forgotten. The European Union should therefore work further at IMO level to succeed in declaring the Mediterranean a NECA zone. NECA zones are effective in decreasing air pollution as the experience from North and Baltic Sea shows.

(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 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 .

~~__________________~~

~~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.)~~

~~Or. en~~

~~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 19

Proposal for a directive

~~Recital 32~~

Recital 29 a (new)

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.

(29 a) In cases of significant transboundary air pollution caused by exceptional and unforeseen occurrences such as accidents or force majeure events in a third country, any exceedances due in whole or in part to such transboundary air pollution may, under the conditions laid down in this Directive, be subtracted by Member States when assessing compliance with air quality limit values and average exposure reduction obligations. The Member State should inform the Commission of any such subtractions and jusify its reasons for them.

(32) Preparatory air quality plans should be prepared ahead of 2030 setting out measures and policies to comply with this Directive and for the Member States to attain the new limit values set out in this Directive by that date in order to ensure that levels of pollutants are reduced accordingly.

~~Or. en~~

Amendment 20

Proposal for a directive

~~Recital 33~~

Recital 29 b (new)

Text proposed by the Commission

Amendment

(33) Action plans should be drawn up indicating the measures to be taken in the short term where there is a risk of an exceedance of one or more alert thresholds in order to reduce that risk and to limit its duration. When the risk applies to one or more limit values or target values, Member States may, where appropriate, draw up such short-term action plans.

(29 b) Transboundary pollution requires transboundary cooperation and solutions. Therefore, with a view to further strengthen cooperation with third countries, the Commission shall consider setting up a Structured Dialogue on transboundary air pollution between the Union and neighbouring third countries, to encourage and operationalise increased joint action to reduce transboundary air pollution and to stimulate the exchange of best practices and tangible solutions.

(33) Action plans should be drawn up indicating the measures to be taken in the short term where there is a risk of an exceedance of one or more alert thresholds in order to reduce that risk and to limit its duration. When the risk applies to one or more limit values Member States may, where appropriate, draw up such short-term action plans.

~~Or. en~~

~~Justification~~

~~Amendment to reflect the change in the proposal of the ozone target value for protection of humans into a limit value.~~

Amendment 21

Proposal for a directive

~~Recital 34~~

Recital 30 a (new)

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.

(30 a) Air pollutants emitted from the transport sector pose a particular risk to the health of people living in urban areas and near transport hubs. Therefore, Member States and the relevant regional and local authorities should consider implementing Sustainable Urban Mobility Plans and invest in zero-emission technologies and measures enabling a shift towards active, collective and sustainable transport systems aimed to reducing air pollution and road congestion, especially in urban areas.

(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, 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.

~~Or. en~~

Amendment 22

Proposal for a directive

~~Recital 40~~

Recital 30 b (new)

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.

(30 b) Relevant EU transport legislation such as European vehicle emission standards is instrumental to further reduce ambient air pollution from the transport sector and should be aligned with the objectives under the European Green Deal and the Zero Pollution Action Plan. Also the deployment of alternative fuels infrastructure, notably the provisions in the Alternative Fuels Infrastructure Regulation pertaining to the deployment of shore-side electricity supply to ships in ports, as well as the deployment of electric recharging infrastructure for light- and heavy-duty vehicles, can deliver ambient air pollution reductions, particularly in urban areas and ports.

(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 right to 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 recognised by the United Nations General Assembly in resolution A/76/L.75 dated 26 July 2022.

~~Or. en~~

Amendment 23

Proposal for a directive

~~Article 1 – paragraph 1~~

Recital 30 c (new)

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.

(30 c) Air pollution from maritime transport alone leads to over 50,000 premature deaths annually in the Union1b. Therefore, Member States should take appropriate and effective measures to reduce air pollution in port and in port cities, in order to ensure an adequate protection of the health of residents and port workers.

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 the most up-to-date scientific evidence, thus contributing to a toxic-free environment at the latest by 2050.

__________________

~~Or. en~~

1b 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

Amendment 24

Proposal for a directive

~~Article 1 – paragraph 2~~

Recital 31

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, 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 at the latest, and regularly reviewed thereafter in accordance with Article 3.

(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, including the transport, industry, energy, agriculture and waste sectors. 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 Council, Directive (EU) 2016/2284 of the European Parliament and of the Council, and Directive 2002/49/EC of the European Parliament and of the Council.

~~Or. en~~

__________________

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.)

Amendment 25

Proposal for a directive

~~Article 1 – paragraph 3 a (new)~~

Recital 32

Text proposed by the Commission

Amendment

3a. In addition, this Directive protects the individual right to breathe clean and healthy air, which follows from Articles 2, 3, 7, 35 and 37 of the Charter of Fundamental Rights of the European Union.

~~Or. en~~

Amendment 26

Proposal for a directive

~~Article 2 – paragraph 1 – point 4~~

Recital 33

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;~~

~~Or. en~~

~~Justification~~

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

Amendment 27

Proposal for a directive

~~Article 3 – paragraph 2 – subparagraph 2~~

Recital 34

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 continuous alignment with the most-up-to date WHO Air Quality Guidelines and the latest scientific information.

(34) Member States should cooperate with one another if, following significant pollution originating in another Member State, based also on transboundary measurements data, 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. The Commission should provide support and assistance, including recommendations, in the preparation of these plans. Where appropriate, Member States should pursue cooperation with third countries, with particular emphasis on the early involvement of candidate countries. The Commission should be present, assist and oversee any such cooperation.

~~Or. en~~

Amendment 28

Proposal for a directive

~~Article 3 – paragraph 2 – subparagraph 3 – point a~~

Recital 34 a (new)

Text proposed by the Commission

Amendment

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

(34 a) In order to facilitate cooperation and increase the support to Member States in cases of transboundary pollution, a Commission representative should be appointed as European Transboundary Coordinator, who should oversee and assist in the transboundary coordination between Member States as well as with third countries, and in all tasks relevant to this.

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

~~Or. en~~

Amendment 29

Proposal for a directive

~~Article 3 – paragraph 2 – subparagraph 3 – point b~~

Recital 35

Text proposed by the Commission

Amendment

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

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

(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, per category of the source of pollutants, as well as air quality plans and short-term action plans should also be readily available to the public. In order for such information to be consistent and reliable, it is essential that Member States have sufficient air quality monitoring infrastructure deployed across cities and towns, in accordance with this Directive. Where such infrastructure is lacking or does not comply with the requirements laid down in the Commission guidelines, it should be put in place at the earliest possibility, including with the use of the EU funding opportunities.

~~Or. en~~

Amendment 30

Proposal for a directive

~~Article 3 – paragraph 2 – subparagraph 3 – point c~~

Recital 39

Text proposed by the Commission

Amendment

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

(39) As clarified by the case-law of the Court of Justice51 , Member States may not restrict legal standing to challenge a decision of a public authority to those members of the public concerned who participated in the preceding administrative procedure to adopt that decision. As also clarified by the case-law of the Court of Justice52 , effective access to justice in environmental matters and effective remedies requires inter alia that members of the public concerned should have the right to ask the court or a competent independent and impartial body to order interim measures to prevent a given instance of pollution. Therefore, it should be specified that legal standing should not be made conditional on the role that the concerned member of the public played during a participatory phase of the decision-making procedures under this Directive. In addition, any review procedure should be fair, equitable, timely and not prohibitively expensive, and provide for adequate and effective redress mechanisms, including injunctive relief as appropriate.

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

(39) As clarified by the case-law of the Court of Justice, Member States may not restrict legal standing to challenge a decision of a public authority to those members of the public concerned who participated in the preceding administrative procedure to adopt that decision. As also clarified by the case-law of the Court of Justice, effective access to justice in environmental matters and effective remedies requires inter alia that members of the public concerned should have the right to ask the court or a competent independent and impartial body to order interim measures to prevent a given instance of pollution. Therefore, it should be specified that legal standing should not be made conditional on the role that the concerned member of the public played during a participatory phase of the decision-making procedures under this Directive. In addition, any review procedure should be fair, equitable, timely and not prohibitively expensive, and promptly accessible for both individuals and organisations. Moreover, it should provide for clear, adequate and effective redress mechanisms, including injunctive relief as appropriate.

~~Or. en~~

__________________

51 Case C–826/18, Judgment of the Court (First Chamber) of 14 January 2021; LB and Others v College van burgemeester en wethouders van de gemeente Echt-Susteren; paragraphs 58 and 59.

52 Case C-416/10 Judgment of the Court (Grand Chamber), 15 January 2013; Jozef Križan and Others v Slovenská inšpekcia životného prostredia.Križan, paragraph 109.

Amendment 31

Proposal for a directive

~~Article 3 – paragraph 4~~

Recital 40

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 cover other air pollutants. Such a proposal shall be developed in line with the non-regression principle.

(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. In cases where it is proven that damage to human health has occurred as a direct result of breaches of air quality standards due to significant transboundary pollution originating in another Member State, that Member State should bear the responsibility for compensation, in line with the polluter pays principle. 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.

~~Or. en~~

Amendment 32

Proposal for a directive

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

Recital 41 a (new)

Text proposed by the Commission

Amendment

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

(41 a) In order to ensure comparable conditions for data measurements between Member States, the Commission should provide detailed guidelines in the form of a delegated act setting out standardised requirements of sampling points as well as the location for new sampling points and existing sampling points which currently do not ensure sufficient level of air quality assessments.

~~Or. en~~

~~Justification~~

~~Definition provided in Article 1(2). Included also here, so that all definitions are in the same article for greater clarity.~~

Amendment 33

Proposal for a directive

Article 41 – 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~~

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 the most up-to date state of the art scientific evidence, thus contributing to a toxic-free environment at the latest by 2050.

~~Or. en~~

Amendment 34

Proposal for a directive

Article ~~4 – paragraph~~ 1 – ~~point~~paragraph 232

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, taking socio-economic health inequalities into account;

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 as soon as possible and by the year 2030 at the latest, and regularly reviewed thereafter in accordance with Article 3.

~~Or. en~~

~~Justification~~

~~Amended for consistency with Recital 5, Recital 16a and Article 12(4), that introduce “the fight against social inequalities” in the text.~~

Amendment 35

Proposal for a directive

Article ~~4 – paragraph~~ 1 – ~~point 24 a~~paragraph ~~(new)~~3

Text proposed by the Commission

Amendment

~~(24a) ‘traffic location’ means a place whose pollution level is determined predominantly by the emissions from nearby traffic on roads, motorways or other highways;~~

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 .

~~Or. en~~

3. Furthermore, this Directive contributes to achieving:

~~Justification~~

__________________

Amendment for consistency with the changes made to the assessment of “Average Exposure Indicator” (AEI) in Definition 28 of Article 4, Point A in Section 5 of Annex I, and the deletion of Point B in Annex III.

__________________

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 36

Proposal for a directive

Article 41 – paragraph 13 – point ~~24 b~~a (new)

Text proposed by the Commission

Amendment

(24b) ‘industrial location’ means a place whose pollution level is influenced predominantly by emissions from a nearby single industrial source or an industrial area with many sources, such as, but not limited to, sources of power generation, incinerators, waste treatment plants and ports;

(a) 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 .

~~Or. en~~

~~Justification~~

Amendment 37

Proposal for a directive

Article 41 – paragraph 13 – point ~~24 c~~b (new)

Text proposed by the Commission

Amendment

(24c) ‘residential location’ means a place whose predominant use is residential, and whose concentration levels are higher than urban background locations as a result of the high use of residential heating sources in the area;

(b) enhanced synergies between the Union's air quality policy and other relevant Union policies, in particular climate and energy policies.

~~Or. en~~

~~Justification~~

Amendment 38

Proposal for a directive

Article 41 – paragraph ~~1 –~~3 ~~point~~a 26(new)

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 ;

3 a. In addition, this Directive protects the individual right to breathe clean and healthy air stemming from the Charter of Fundamental Rights of the European Union.

(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 ;

~~Or. en~~

Amendment 39

Proposal for a directive

Article 42 – paragraph 1 – point 273

Text proposed by the Commission

Amendment

(27) ‘ ozone target value’ means a level fixed on the basis of scientific knowledge, with the aim of avoiding, preventing or reducing harmful effects from ozone on human health or the environment , to be complied with where possible over a given period;

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

~~deleted~~

3. standardised measures for monitoring ambient air quality, short- and long-term trends and impacts of Union and national measures, including transboundary measures, on ambient air quality ;

~~Or. en~~

~~Justification~~

Amendment to reflect the change in the proposal of the ozone target value for the protection of human health into a limit value, and for the protection of the environment into a critical level. This change is in accordance with the changes made to Table 1, Section 1 of Annex I and Section 2 of Annex I.

Amendment 40

Proposal for a directive

Article 42 – paragraph 1 – point 284

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 ;

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

(28) ‘average exposure indicator’ means an average level determined on the basis of measurements at urban background, traffic, industrial and residential 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 ;

4. measures ensuring that the information on ambient air quality and the sources of air pollutants is made available to the public, as well as relevant mitigation measures taken to reduce air pollution;

~~Or. en~~

~~Justification~~

~~Amendment for consistency with the addition of definitions 24a, 24b and 24c, and changes made in Point A, Section A of Annex I.~~

Amendment 41

Proposal for a directive

Article 42 – paragraph 1 – point 296

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;

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

(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;

6. measures promoting increased cooperation between the Member States in reducing air pollution monitored and overseen by the European Commission, including the European transboundary coordinator.

~~__________________~~

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).

~~Or. en~~

~~Justification~~

~~Amendment for consistency with the wording on definition (26).~~

Amendment 42

Proposal for a directive

Article 43 – 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 ;~~

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.

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

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 regularly 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.

~~Or. en~~

~~Justification~~

~~Amendment for consistency with the changes made in Annex I.~~

Amendment 43

Proposal for a directive

Article 43 – paragraph 12 – ~~point~~subparagraph 333 – introductory part

Text proposed by the Commission

Amendment

~~(33) ‘alert threshold’ means a level beyond which there is a risk to human health from brief exposure for the population as a whole and at which immediate steps are to be taken by Member States;~~

For the purposes of the review, the Commission shall take into account, inter alia, the following:

(33) ‘alert threshold’ means a level beyond which there is a severe threat to human health from brief exposure for the population as a whole and at which immediate steps are to be taken by Member States;

For the purposes of the review, the Commission shall launch a public consultation and take into account, inter alia, the following:

~~Or. en~~

~~Justification~~

~~Amendment to further differentiate between information and alert thresholds and their impacts on human health. This amendment is linked to the changes made to Section 4 of Annex I.~~

Amendment 44

Proposal for a directive

Article 43 – paragraph 12 – subparagraph 3 – point 35a a (new)

Text proposed by the Commission

Amendment

(35a) ‘preparatory air quality plans’ means plans, adopted ahead of the attainment deadline of new limit values laid down in Section 1, Table 1, of Annex I, that set out short and long-term policies and measures in order to comply with those limit values or average exposure reduction obligations;

(a a) information provided by the Earth Observation component of the EU Space Programme, in particular the Copernicus Atmosphere Monitoring Service (CAMS)

~~Or. en~~

~~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 (new Paragraph 1, Article 19), from the ones to be adopted when there’s an exceedance of the limit values (new Paragraph 2 Article 19).

Amendment 45

Proposal for a directive

Article 43 – paragraph 12 – subparagraph 3 – point 36c

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 once these have been exceeded, or average exposure reduction obligations ;~~

~~Or. en~~

~~Justification~~

Amendment to reflect the change in the proposal of the ozone target value into a limit value. Amendment for consistency with the vocabulary on the air quality plans on paragraph 2 of Art. 19 as proposed by the Rapporteur. The changes to ozone target values are linked to the amendments to Table 1, Section 1 of Annex I and Section 2 of Annex I.

Amendment 46

Proposal for a directive

Article 43 – paragraph 12 – subparagraph 3 – point 39d

Text proposed by the Commission

Amendment

(d) progress made in implementing national and Union reduction measures for pollutants and improving air quality.

(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, such as those with specific pre-existing health conditions, pregnant women, newborns, children, the elderly, people living in poverty or people living with disabilities.

(d) progress made in implementing national and Union reduction measures for pollutants, including the relevant elements of the Fit for 55 legislative package, and improving air quality;

~~Or. en~~

Amendment 47

Proposal for a directive

Article 53 – paragraph 12 – subparagraph 3 – point bd a (new)

Text proposed by the Commission

Amendment

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

(d a) relevant socio-economic aspects and societal costs.

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

~~Or. en~~

~~Justification~~

~~Amendment for consistency with the changes made in Point 11, Point D, Annex IV.~~

Amendment 48

Proposal for a directive

Article 53 – paragraph ~~1 – point i a (new)~~4

Text proposed by the Commission

Amendment

~~(ia) provision of public information.~~

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.

~~Or. en~~

4. Where the Commission considers it appropriate, as a result of the review, and in particular where the latest review of the WHO Air Quality Guidelines finds health effects of pollutant concentrations that are below the current limit values, it shall present a proposal to revise air quality standards or to cover other air pollutants, in line with the non-regression principle.

Amendment 49

Proposal for a directive

Article 84 – paragraph 31 – ~~subparagraph~~point 1 a (new)

Text proposed by the Commission

Amendment

In all zones where the level of pollutants exceeds a limit value established for those pollutants in Table 1 of Section 1 of Annex I or an ozone target value established in Section 2 of Annex I , modelling applications shall be used in addition to fixed measurements to assess the ambient air quality.

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

In all zones where the level of pollutants exceeds a limit value established for those pollutants in Table 1 of Section 1 of Annex I, modelling applications shall be used in addition to fixed measurements to assess the ambient air quality.

~~Or. en~~

Amendment 50

Proposal for a directive

Article 84 – paragraph 41 – point 3

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.

(3) ‘level’ means the concentration of a pollutant in ambient air or the deposition thereof on surfaces in a given time;

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.

(3) ‘level’ means the measured or modelled concentration of a pollutant in ambient air or the deposition thereof on surfaces in a given time;

~~Or. en~~

~~Justification~~

Objective estimation has been eliminated from the Rapporteur proposal.Amendment for consistency with changes on paragraph 5. The Rapporteur suggests to always have a combination of model and indicative data, to increase data quality.

Amendment 51

Proposal for a directive

Article 84 – paragraph 51 – point 16

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.

(16) ‘agglomeration’ means a conurbation with a population in excess of 250 000 inhabitants or, where the population is 250 000 inhabitants or fewer , with a given population density per km2 to be established by the Member States;

5. Without prejudice to Article 9(6) and Article 19, if modelling or indicative measurements show an exceedance of any limit value in an area of the zone not covered by fixed measurements, additional fixed measurements shall be installed within 1 calendar year after the exceedance was recorded.

deleted

~~Or. en~~

Amendment 52

Proposal for a directive

Article 84 – paragraph 71 – point 24 a (new)

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.~~

(24 a) ‘traffic location’ means a place whose pollution level is determined predominantly by the emissions from nearby traffic activity;

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

~~Or. en~~

Amendment 53

Proposal for a directive

Article 94 – paragraph 1 – ~~subparagraph~~point 124 b (new)

Text proposed by the Commission

Amendment

The location of sampling points for the measurement of sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter (PM10 and PM2.5), lead, benzene, carbon monoxide , arsenic, cadmium, nickel, benzo(a)pyrene in ambient air shall be determined in accordance with Annex IV.

(24 b) ‘industrial location’ means a place whose pollution level is determined predominantly by emissions from nearby single industrial sources or industrial areas with many sources. An ‘industry source’ is to be interpreted widely in this context and shall include but not be limited to sources of power generation, incinerators, waste treatment plants and ports;

The location of sampling points for the measurement of sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter (PM10 and PM2.5), ozone, lead, benzene, carbon monoxide , arsenic, cadmium, nickel, benzo(a)pyrene in ambient air shall be determined in accordance with Annex IV.

~~Or. en~~

~~Justification~~

~~Amendment for consistency with the changes made in Annex I. Ozone has been set as a limit value.~~

Amendment 54

Proposal for a directive

Article 94 – paragraph 21 – point 24 c (new)

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 .

(24 c) ‘residential location’ means a place whose predominant use is residential, and whose concentration levels are higher than urban background locations as a result of the choice of residential heating sources in the area.

~~Or. en~~

~~Justification~~

~~Amendment to fix a typo error in the Commission’s 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 55

Proposal for a directive

Article 94 – paragraph 31 – ~~introductory~~point ~~part~~28

Text proposed by the Commission

Amendment

3. For zones where the level of pollutants exceeds the relevant assessment threshold specified in Annex II, but not the respective limit values specified in Table 1 of Section 1 of Annex I, ozone target values specified in Section 2 of Annex I or critical levels specified in Section 3 of Annex I , the minimum number of sampling points may be reduced by up to 50 %, in accordance with Points A and C of Annex III provided that the following conditions are met:

3. For zones where the level of pollutants exceeds the relevant assessment threshold specified in Annex II, but not the respective limit values specified in Table 1 of Section 1 of Annex I or critical levels specified in Section 3 of Annex I and where information from fixed measurement sampling points is supplemented by information from modelling or indicative measurement, the minimum number of sampling points may be reduced by up to 50 %, in accordance with Points A and C of Annex III provided that the following conditions are met:

(28) ‘average exposure indicator’ means an average level determined on the basis of measurements at urban background locations, including traffic, industrial, and residential 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, including traffic, industrial and residential 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; the average is weighted taking into account the population which each sampling point is representative of;

~~Or. en~~

Amendment 56

Proposal for a directive

Article 94 – paragraph 31 – point a32

Text proposed by the Commission

~~Amendment~~

Unmodified text included in the compromise

(a) indicative measurements and modelling provide sufficient information for the assessment of air quality with regard to limit values , ozone target values, critical levels, information thresholds and alert thresholds, as well as adequate information for the public , in addition to the one provided by the fixed sampling points ;

(32) ‘information threshold’ means a level beyond which there is a risk to human health from brief exposure for particularly sensitive population and vulnerable groups and for which immediate and appropriate information is necessary;

(a) indicative measurements and modelling provide sufficient information for the assessment of air quality with regard to limit values, critical levels, information thresholds and alert thresholds, as well as adequate information for the public , in addition to the one provided by the fixed sampling points ;

~~Or. en~~

Amendment 57

Proposal for a directive

Article 94 – paragraph 31 – point c39

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 cover the full calendar year;~~

(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. For the purpose of this Directive, transport workers and residents in areas with heavy traffic are also considered vulnerable groups.

~~Or. en~~

Amendment 58

Proposal for a directive

Article 94 – paragraph 61 – point 39 a (new)

Text proposed by the Commission

Amendment

~~6. The results of modelling applications and indicative measurements shall be taken into account for the assessment of air quality with respect to the limit values and ozone target values .~~

(39 a) 'early warning system’ means a set of modelling tools and stress tests identifying a risk of pollutant concentration exceedance;

~~6. The results of modelling applications and indicative measurements shall be taken into account for the assessment of air quality with respect to the limit values.~~

~~Or. en~~

Amendment 59

Proposal for a directive

Article 94 – paragraph 71 – point 39 b (new)

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.

(39 b) ‘category of the source of pollutants’ means pollutants stemming from the following sectors: - stationary installations for industry and/or energy; - transport; - buildings; - agriculture; - waste;

~~Or. en~~

Amendment 60

Proposal for a directive

Article 105 – paragraph 1 – ~~subparagraph~~point 1a a (new)

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.

(a a) provision of public information, in accordance with Article 22;

~~Each Member State shall establish at least one monitoring supersite per territorial unit at NUTS 2 level as described in Regulation (EC) No 1059/2003 at an urban background location.~~

~~Or. en~~

Amendment 61

Proposal for a directive

Article 105 – paragraph 51 – point a b (new)

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.

(a b) provision of hourly updated air quality index and other related and relevant health information, in accordance with Article 22;

~~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.~~

~~Or. en~~

Amendment 62

Proposal for a directive

Article 105 – paragraph 61 – point ad

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).~~

(d) ensuring the accuracy of modelling applications;

(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).

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

~~Or. en~~

Amendment 63

Proposal for a directive

Article 105 – paragraph 61 – point bg

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;

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

(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;

(g) cooperation with the other Member States and the Commission, including the European transboundary coordinator;

~~Or. en~~

Amendment 64

Proposal for a directive

Article ~~10 – paragraph~~ 6 – ~~point~~paragraph c1

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.

Member States shall establish zones throughout their territory , including, where appropriate for the purposes of air quality assessment and management, at the level of agglomerations . Air quality assessment and air quality management shall be carried out in all zones .

(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, benzo(a)pyrene and the other polycyclic aromatic hydrocarbons referred to in Article 8(6), irrespective of concentration levels.

Member States shall establish sufficiently representative for the purposes of the measurements zones throughout their territory , including, where appropriate for the purposes of air quality assessment and management, at the level of agglomerations . Air quality assessment and air quality management shall be carried out in all zones.

~~Or. en~~

Amendment 65

Proposal for a directive

Article 128 – ~~title~~paragraph 2

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 and average exposure concentration objectives~~

2. In all zones where the level of pollutants exceeds the assessment threshold established for those pollutants, fixed measurements shall be used to assess the ambient air quality. Those fixed measurements may be supplemented by modelling applications and indicative measurements to assess air quality and to provide adequate information on the spatial distribution of air pollutants and on the spatial representativeness of fixed measurements. Member States are encouraged to exploit information products and supplementary tools provided by the Earth Observation component of the EU Space Programme, in particular the Copernicus Atmosphere Monitoring Service, for the modelling and provision of this information.

~~Or. en~~

~~Justification~~

Amendment for consistency with the changes made on ozone as proposed by the Rapporteur proposal. Deletion of the reference to assessment thresholds because it was 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 66

Proposal for a directive

Article 129 – paragraph 1 – subparagraph 1

Text proposed by the Commission

Amendment

1.The Inlocation ~~zones~~of ~~where~~sampling points for the ~~levels~~measurement of sulphur dioxide, nitrogen ~~dioxide,~~dioxide and oxides of nitrogen, particulate matter ~~( PM10~~(PM10 and PM2.5), lead, benzene, carbon monoxide , arsenic, cadmium, ~~nickel and~~nickel, benzo(a)pyrene in ambient air ~~are below the respective limit~~shall ~~values~~be ~~specified~~determined in ~~Section 1~~accordance ofwith Annex ~~I , Member States shall maintain the levels of those pollutants below the limit values .~~IV.

1.The Incompetent ~~zones~~authority ~~where~~shall ~~the~~adopt ~~levels~~a ofdecision ~~sulphur~~by ~~dioxide,~~[the ~~nitrogen~~date ~~dioxide,~~laid ~~particulate~~down ~~matter~~in (Article ~~PM10~~31(1)], and ~~PM2.5),~~at ~~ozone,~~least ~~lead,~~every ~~benzene,~~5 ~~carbon~~years ~~monoxide~~thereafter, ,defining ~~arsenic,~~the ~~cadmium,~~network ~~nickel~~design and ~~benzo(a)pyrene~~the inlocation ~~ambient~~of ~~air~~sampling ~~are~~points ~~below~~for the ~~respective~~measurement ~~limit~~of ~~values~~sulphur ~~specified~~dioxide, innitrogen ~~Section~~dioxide 1and oxides of ~~Annex~~nitrogen, Iparticulate ,matter ~~Member~~(PM10 ~~States~~and ~~shall~~PM2.5), ~~maintain~~lead, ~~the~~benzene, ~~levels~~carbon ofmonoxide, ~~those~~arsenic, ~~pollutants~~cadmium, ~~below~~nickel, ~~the~~benzo(a)pyrene ~~limit~~in ~~values~~ambient .air shall be determined in accordance with Annex IV.

~~Or. en~~

~~Justification~~

~~Amendment for consistency with ozone changes as proposed by the Rapporteur. Ozone should be treated as the other pollutants, for which limit values are being proposed.~~

Amendment 67

Proposal for a directive

Article 129 – paragraph 21 – subparagraph 1 a (new)

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.

Member States may continue to use the existing infrastructure in place, provided that the existing sampling points and monitoring sites correspond to the objectives of this Directive.

2. In zones in which ozone levels are below the ozone limit value Member States shall take necessary measures to maintain those levels below the ozone limit 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 maintain those levels below the long-term objectives.

~~Or. en~~

Amendment 68

Proposal for a directive

Article 129 – paragraph 3 – introductory part

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.

3. For zones where the level of pollutants exceeds the relevant assessment threshold specified in Annex II, but not the respective limit values specified in Table 1 of Section 1 of Annex I, ozone target values specified in Section 2 of Annex I or critical levels specified in Section 3 of Annex I, and in which information from fixed measurements is supplemented by information from modelling and/or indicative measurements, the minimum number of sampling points may be reduced by up to 50 %, in accordance with Points A and C of Annex III provided that the following conditions are met:

~~Or. en~~

Amendment 69

Proposal for a directive

Article 129 – paragraph 43 – point c

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 .

(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;

4. Member States shall achieve and preserve the best ambient air quality and a high level of environmental and human health protection, in line with the most recent air quality guidelines published by the WHO and below the assessment thresholds laid down in Annex II, paying particular attention to the protection of sensitive population and vulnerable groups, as well as socio-economic and health inequalities.

~~Or. en~~

Amendment 70

Proposal for a directive

Article 139 – ~~title~~paragraph 7

Text proposed by the Commission

Amendment

~~Limit values, ozone target values and average exposure reduction obligation for the protection of human health~~

~~Limit values and average exposure reduction obligation for the protection of human health~~

~~Or. en~~

~~Justification~~

~~Amendment for consistency with the changes made in Annex I. Ozone has been set as a limit value.~~

Amendment 71

Proposal for a directive

Article 1312 – paragraph 12

Text proposed by the Commission

Amendment

1. Member States shall ensure that, throughout their zones , levels of sulphur dioxide, nitrogen dioxide, particulate matter ( PM10 and PM2.5), lead, benzene, carbon monoxide , arsenic, cadmium, nickel and benzo(a)pyrene in ambient air, do not exceed the limit values laid down in Section 1 of Annex I.

1. Member States shall ensure that, throughout their zones , levels of sulphur dioxide, nitrogen dioxide, particulate matter ( PM10 and PM2.5), ozone, lead, benzene, carbon monoxide , arsenic, cadmium, nickel and benzo(a)pyrene in ambient air, do not exceed the limit values laid down in Section 1 of Annex I.

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 make sure 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.

~~Or. en~~

Amendment 72

Proposal for a directive

Article 1317 – paragraph 21

Text proposed by the Commission

Amendment

2.. For ozone, Member States shall ensure, by taking all necessary measures not entailing disproportionate costs, that throughout the zone levels do not exceed the ozone target values , as laid down in Section 2, Point B, of Annex I .

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.

2. For ozone, Member States shall ensure, by taking all necessary measures not entailing disproportionate costs, that throughout the zone long-term objectives are attained, as laid down in Section 2, Point C, of Annex I.

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, pavements and bike paths.

~~Or. en~~

~~Justification~~

~~Amendment for consistency with the changes made in Annex I. Ozone has been set as a limit value.~~

Amendment 73

Proposal for a directive

Article 1319 – paragraph 31 – subparagraph 1

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.

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 .

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.

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 1 year 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 2 years from the end of the calendar year in which the first exceedance was reported .

~~Or. en~~

Amendment 74

Proposal for a directive

Article 1519 – paragraph 1 – subparagraph 2

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.~~

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.

~~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.~~

Where exceedances of any limit values persist during the second calendar year after the establishment of the air quality plan, The Commission shall issue recommendations and Member States shall update the air quality plan in accordance with those recommendations 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.

~~Or. en~~

Amendment 75

Proposal for a directive

Article 1519 – paragraph 2 – subparagraph 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.~~

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.

~~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.~~

Where exceedances of the ozone target value persist during the third 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.

~~Or. en~~

Amendment 76

Proposal for a directive

Article 1519 – 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.

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, providing detailed information about the severity of the exceedance and the associated health impacts, and on sensitive population and vulnerable groups in particular, and making use of different media and communication channels and ensuring broad public access.

Where exceedances of the average exposure reduction obligation 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.

~~Or. en~~

Amendment 77

Proposal for a directive

Article 1519 – paragraph 35 a– ~~(new)~~subparagraph 2

Text proposed by the Commission

Amendment

3a. Where any alert threshold laid down in Section 4, Point A, of Annex I is exceeded, Member States shall implement the emergency measures outlined in short-term action plans drawn up under Article 20.

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 .

~~Or. en~~

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

Amendment 78

Proposal for a directive

Article 1619 – paragraph 15 – ~~point~~subparagraph b2 a (new)

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.~~

Member States shall promote measures to address and reduce voluntary engine idling, so as to reduce the impact of idling-related emissions which is particularly damaging in the areas of schools, hospitals and densely populated areas.

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

~~Or. en~~

Amendment 79

Proposal for a directive

Article 1619 – paragraph 6 – subparagraph 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:~~

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 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, in accordance with Article 22.

~~(a) a progress report on the implementation of the national strategy for adaptation to climate change adopted pursuant to Article 5(4) of Regulation (EU) 2021/1119;~~

(b) where appropriate, the evidence demonstrating the impact of ecosystem perturbations driven by climate change resulting in excess emissions in a way which is beyond the Member States’ control and could not have been anticipated or prevented, in particular by implementing sufficient adaptation measures to ensure the resilience of the affected area to climate change;

~~(c) information on concentrations and sources; and~~

~~(d) the evidence demonstrating that the exceedances are attributable to natural sources.~~

~~Or. en~~

Amendment 80

Proposal for a directive

~~Article 16 – paragraph 3~~

Article 19 a (new)

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.

Article 19 a

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.

Early warning system

~~Or. en~~

1. The Commission shall establish, by means of a delegated act, guidelines concerning modelling approach and tools, as well as stress tests methodology functioning as an early warning system (EWS).

~~Justification~~

2. The system shall identify any systemic problem(s) with the air quality in a Member State which will likely lead in the future to the exceedance of the concentrations of the pollutants.

To ensure the integrity 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.

3. Where the EWS identifies a problem, Member State shall draft a Preventive Air Plan.

4. The Preventive Air Plan shall contain preventive measures based on the problem identified by the EWS.

Amendment 81

Proposal for a directive

Article 1820 – paragraph ~~1 – introductory part~~2

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:

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.

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 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 3 years for that particular zone , if the following conditions are met:

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 and transport workers particularly exposed to air pollution shall also be considered in the framework of those plans.

~~Or. en~~

~~Justification~~

"Exceptional" added to circumscribe the scope of the Regulation. The shortening of the time extension from 5 to 3 years aims to align the timing with the 3 years cycle of the Air Quality Plans in Article 19.

Amendment 82

Proposal for a directive

Article 1820 – paragraph ~~1 – point~~5 a (new)

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;~~

5a. Within one year after the entry into force of this directive, the Commission shall publish examples of best practice actions to take within transport, residential and industrial sectors for the drawing-up of short-term action plans.

~~(a) an air quality plan 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;~~

~~Or. en~~

~~Justification~~

~~Paragraph 4 of Article 19 has been moved to Paragraph 1.~~

Amendment 83

Proposal for a directive

Article 1821 – paragraph 1 – ~~point~~subparagraph b1 a (new)

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 VIIIrelated to the pollutants concerned and demonstrates how exceedance periods above the limit values will be kept as short as possible ;

With a view to facilitate cooperation and increase the support to Member States in cases of transboundary pollution, a Commission representative shall be appointed as European Transboundary Coordinator, who, for the purpose of this Directive, shall oversee and assist in the transboundary coordination between Member States as well as with third countries.

(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 and how the limit values will be attained by the end of the new postponed deadline for compliance;

~~Or. en~~

Amendment 84

Proposal for a directive

Article 1821 – paragraph 1 – ~~point~~subparagraph c2

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 .

(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 and includes specific measures designed for the protection of the sensitive population and vulnerable groups;

The Member States concerned shall cooperate with each other and with the European transboundary coordinator, 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.

~~Or. en~~

Amendment 85

Proposal for a directive

Article 1821 – paragraph ~~1 – point d a (new)~~2

Text proposed by the Commission

Amendment

~~(da) 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;~~

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.

~~Or. en~~

2. The Commission shall be informed of, and shall be present, assist and oversee any cooperation referred to in paragraph 1 of this Article. The European transboundary coordinator shall assist in the drafting of the solutions to be implemented. Where appropriate, the Commission shall, taking into account the reports established pursuant to Article 11 of Directive, consider whether further action shall be taken at Union level in order to reduce precursor emissions responsible for transboundary pollution.

Amendment 86

Proposal for a directive

Article 1821 – paragraph ~~1 – point d b (new)~~3

Text proposed by the Commission

Amendment

(db) in addition to the information and reporting under Articles 22 and 23, annual projections are published on the evolution of emissions and concentrations in the zone concerned, taking into consideration the measures included in the air quality plan, covering all years until the attainment date; where any such projection reveals that the measures included in the air quality plan are insufficient to achieve likely compliance with the related limit value by the postponed attainment deadline, 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 attain compliance by the postponed deadline.

3. Member States shall, if appropriate pursuant to Article 20, prepare and implement joint short-term action plans covering neighbouring zones in other Member States. Member States shall ensure that neighbouring zones in other Member States receive all appropriate information regarding these short-term action plans without undue delay .

~~Or. en~~

3. Member States shall, if appropriate pursuant to Article 20, prepare and implement joint short-term action plans covering neighbouring zones in other Member States. Upon request of one or more Member States, the European transboundary Coordinator shall make recommendations and assist in the preparation of those plans. Member States shall ensure that neighbouring zones in other Member States receive all appropriate information regarding these short-term action plans without undue delay.

Amendment 87

Proposal for a directive

Article 1921 – paragraph ~~-1 (new)~~5

Text proposed by the Commission

Amendment

-1. Where on ... [ three months after the date of entry into force of this Directive], in a zone or NUTS 2 territorial unit, the levels of pollutants recorded for the preceding calendar year, are above any limit value to be attained by 1 January 2030 as laid down in Section 1, Table 1, of Annex I, Member States shall establish a preparatory air quality plan for the concerned pollutant as soon as possible and no later than 2 years after the date where the exceedance of the limit value was reported in line with Article 23(2) in order to attain the respective limit values by the expiration of the attainment deadline.

Where, for the same pollutant, Member States are required to establish a preparatory air quality plan in accordance with this paragraph as well as an air quality plan in accordance with Article 19(2), 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 Annex VIII, Point A, 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.

5. In drawing up plans as provided for in paragraphs 1 and 3 and in informing the public as referred to in paragraph 4, Member States shall, where appropriate, endeavour to pursue cooperation with third countries, and in particular with candidate countries. The Commission, including the European transboundary Coordinator, shall provide support to Member States in such cooperation, and liaise with third countries in order to facilitate agreement and joint efforts.

~~Or. en~~

Amendment 88

Proposal for a directive

Article 1921 – paragraph ~~1 –~~5 ~~subparagraph~~a 1(new)

Text proposed by the Commission

Amendment

5 a. With a view to further strengthen cooperation with third countries, the Commission shall consider setting up a Structured Dialogue on transboundary air pollution between the Union and neighbouring third countries, to encourage and operationalise increased joint action to reduce transboundary air pollution.

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 measures to achieve the limit value concerned, to address the dangers to human health caused by the exceedance of 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.

~~Or. en~~

Amendment 89

Proposal for a directive

Article 1922 – paragraph 1 – ~~subparagraph~~point 2c a (new)

Text proposed by the Commission

Amendment

(c a) any significant problems identified by the early warning system and the ensuing preventive air plans, as provided for in Article 19a;

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, provide 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 year after the update of the air quality plan.

~~Or. en~~

Amendment 90

Proposal for a directive

Article 1922 – paragraph 21 – point d a (new)

Text proposed by the Commission

Amendment

2. 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.

(d a) air pollution sources and air pollutants affecting air quality

~~deleted~~

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.

~~Or. en~~

Amendment 91

Proposal for a directive

Article 1922 – paragraph 31 – ~~subparagraph~~point 1d b (new)

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.

(d b) best practice mitigation measures and technologies available to reduce pollutant emissions

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 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.

~~Or. en~~

Amendment 92

Proposal for a directive

Article 1922 – paragraph ~~3 – subparagraph~~ 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.

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, provide 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.

2. Member States shall establish an air quality index covering sulphur dioxide, nitrogen dioxide, particulate matter (PM10 and PM2.5) and ozone, based on an EU-wide framework containing data that will ensure harmonised information across the EU and make it available in a coherent and easily understandable manner through a public source providing an hourly update and accompanied with health information, including information tailored to sensitive population and vulnerable groups. In order to ensure harmonized and comparable data across the Union, the air quality index shall be closely aligned with the latest recommendations by the WHO and build on the air quality indices at European scale provided by the European Environmental Agency.

~~Or. en~~

Amendment 93

Proposal for a directive

Article 1922 – paragraph 42 a (new)

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.

2 a. The Commission shall adopt guidance and templates concerning the content, structure and format of the national air quality indexes, no later than six months after the entry into force referred to in Article 32. In so doing, the Commission shall also include information on the health impacts of air pollution from different concentration levels of each pollutant on the general population and on sensitive population and vulnerable groups, as well as recommended precautions. The Commission may adopt guidance and templates to facilitate the effective application across the Union of any other provisions of this Directive.

~~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.

~~Or. en~~

Amendment 94

Proposal for a directive

Article 1924 – paragraph 51 – subparagraph 1 ~~– point c~~(new)

Text proposed by the Commission

Amendment

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

The Commission shall also adopt a delegated act in accordance with Article 25 supplementing Annex IV by establishing guidelines for standardised requirements for sampling points as well as the location for new sampling points and existing sampling points which currently do not ensure sufficient level of air quality assessments.

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

~~Or. en~~

Amendment 95

Proposal for a directive

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

Article 25 – paragraph 2

Text proposed by the Commission

Amendment

~~(ca) where applicable, the information referred to in Point B, point 1, of Annex VIII.~~

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].

~~Or. en~~

2. The power to adopt delegated acts referred to in Articles 19a and 24 shall be conferred on the Commission for an indeterminate period of time from … [date of entry into force of this Directive].

Amendment 96

Proposal for a directive

~~Article~~Annex 19IV – ~~paragraph~~Part 6A – ~~subparagraph~~paragraph 1 a– ~~(new)~~point 2 – point c

Text proposed by the Commission

Amendment

Member States shall ensure that before the time period for receiving comments from the public starts, the following is made available to the public on the internet, free of charge and without restricting access to registered users:

(c) on the carriageway of roads; and on the central reservations of roads except where there is normally pedestrian access to the central reservation.

~~(a) the draft air quality plan containing the minimum information required under Points A and B of Annex VIII;~~

(c) on the carriageway of roads; and on the central reservations of roads except where there is normally pedestrian access to the central reservation or, where applicable, cycling lanes are present .

~~(b) information on the estimated impact of the air quality plan assessed pursuant to Point C of Annex VIII, and the background documents and information used for the development of the draft;~~

~~(c) a non-technical summary of the information referred to under points (a) and (b).~~

~~Or. en~~

Amendment 97

Proposal for a directive

~~Article 19 – paragraph 7 a (new)~~

Annex IV – Part B – point 2 – paragraph 1 – point e

Text proposed by the Commission

Amendment

7a. The Commission shall facilitate the elaboration and implementation of the air quality plans, where appropriate, through an exchange of good practices. The Commission may establish guidance on the elaboration, implementation and revision of air quality plans.

(e) the annual average of the observed pollutant concentration shall be used as the air quality metric for a specific year.

~~Or. en~~

(e) the annual average of the observed pollutant concentration shall be used as the air quality metric for a specific year; in case of significant differences of observed concentrations between summer and winter seasons, annualised seasonal averages for those concentrations shall also be used;

Amendment 98

Proposal for a directive

~~Article 19 – paragraph 7 b (new)~~

Annex IV – Part B – point 2 – point a – introductory part

Text proposed by the Commission

Amendment

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

(a) Sampling points directed at the protection of human health shall be sited in such a way as to provide data on all of the following:

~~Or. en~~

(a) Sampling points directed at the protection of human health shall be sited in such a way as to provide reliable data on all of the following:

Amendment 99

Proposal for a directive

~~Article 20 – paragraph 1 – subparagraph 2~~

Annex IV – Part B – point 2 – point a – point i

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.

(i) concentration levels in the areas within zones with the highest concentrations to which the population is likely to be directly or indirectly exposed for a period which is significant in relation to the averaging period of the limit value(s), including in the vicinity of all pollution hotspots such as industries, farms, airports and ports, residential areas, as well as neighbourhoods with heavy traffic;

~~Or. en~~

~~Justification~~

~~Technical correction, words missing in the COM proposal.~~

Amendment 100

Proposal for a directive

~~Article 20 – paragraph 2~~

Annex IV – Part B – point 2 – point b a (new)

Text proposed by the Commission

Amendment

(b a) urban traffic locations shall be located in such a way as to provide data on the streets with the highest concentration to which the population is exposed, taking into consideration traffic volume, local dispersion conditions and spatial land use (e.g. in street canyons);

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 alert threshold being exceeded. Member States shall also take into consideration the list of measures outlined 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 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.

~~Or. en~~

~~Justification~~

~~Amendment for consistency with the changes made in Annex I. Ozone has been set as a limit value.~~

Amendment 101

Proposal for a directive

~~Article 20 – paragraph 5 a (new)~~

Annex IV – Part B – point 2 – point f

Text proposed by the Commission

Amendment

5a. The Commission shall publish, at regular intervals, examples of best practices for drawing up short-term action plans, including examples of best practices for the protection of sensitive population groups, including children.

(f) where contributions from industrial sources, ports or airports are to be assessed, at least 1 sampling point shall be installed downwind of the source in the nearest residential area. Where the background concentration is not known, an additional sampling point shall be situated within the main wind direction. The sampling points shall be sited such that the application of BAT can be monitored;

~~Or. en~~

(f) where contributions from industrial sources, farms, ports or airports are to be assessed, at least 1 sampling point shall be installed downwind of the source in the nearest residential area. Where the background concentration is not known, an additional sampling point shall be situated within the main wind direction. The sampling points shall be sited such that the application of BAT can be monitored;

Amendment 102

Proposal for a directive

~~Article 21 – paragraph 1 – subparagraph 1~~

Annex IV – Part B – point 2 – point i a (new)

Text proposed by the Commission

Amendment

Where transboundary transport of air pollution from one or more Member State contributes significantly to the exceedance of any limit value, ozone target value, average exposure reduction obligation or alert threshold in another Member State, the latter shall notify the Member States from which the air pollution originated and the Commission thereof.

(i a) sufficient number of sampling points shall be located in the transborder zones;

Where transboundary transport of air pollution from one or more Member State contributes significantly to the exceedance of any limit value, average exposure reduction obligation or alert threshold in another Member State, the latter shall notify the Member States from which the air pollution originated and the Commission thereof.

~~Or. en~~

~~Justification~~

~~Amendment for consistency with the changes made in Annex I. Ozone has been set as a limit value.~~

Amendment 103

Proposal for a directive

~~Article~~Annex 22IV – Part C – paragraph 1 – point ab

Text proposed by the Commission

Amendment

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

(b) in general, the sampling point inlet shall be between 0,5 m (the breathing zone) and 4 m above the ground. Higher siting (up to 8m) may be appropriate if the sampling point is representative of a large area (a background location) or in other specific circumstances and any derogations shall be fully documented;

~~(a) air quality in accordance with Annex IX;~~

(b) in general, the sampling point inlet shall be between 0,5 m (the breathing zone) and 4 m above the ground. Higher siting (up to 8m or, where justified, higher) may be appropriate if the sampling point is representative of a large area (a background location) or in other specific circumstances and any derogations shall be fully documented;

~~Or. en~~

~~Justification~~

~~Technical correction, air quality information should be in accordance to the whole Annex IX.~~

Amendment 104

Proposal for a directive

~~Article~~Annex 22IV – ~~paragraph~~Part 1D – point e1

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.

1. The competent authorities responsible for air quality assessment shall for all zones fully document the site-selection procedures and record information to support the network design and choice of location for all monitoring sites. The design of the monitoring network shall be supported at least by either modelling or indicative measurements.

(e) the effects of exceedances of limit 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.

1. The competent authorities responsible for air quality assessment shall provide, for all zones, assessments based on data, fully document the site-selection procedures, record information to support the network design and choice of location for all monitoring sites and provide justifications. The design of the monitoring network shall be supported at least by either modelling with sufficiently low level of uncertainty or indicative measurements.

~~Or. en~~

Amendment 105

Proposal for a directive

~~Article 22 – paragraph 2~~

Annex IV – Part D – point 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. The documentation shall include the location of the sampling points through spatial coordinates, detailed maps and shall include information on the spatial representativeness of all sampling points.

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, ensuring that sufficient real-time data is available in all stations. The air quality index shall be comparable across all Member States, follow the most up-to-date recommendations by the WHO, be based on the air quality indices at European scale provided by the European Environmental Agency and shall be accompanied by detailed information about the associated health risks for each pollutant, including information tailored to sensitive population and vulnerable groups.

2. The documentation shall include the location of the sampling points through spatial coordinates, detailed maps, photos and shall include information on the spatial representativeness of all sampling points.

~~Or. en~~

Amendment 106

Proposal for a directive

~~Article 22 – paragraph 2 a (new)~~

Annex IV – Part D – point 3

Text proposed by the Commission

Amendment

~~2a. The Commission shall adopt guidelines specifying the format and structure of the information provided to the public via an air quality index.~~

3. The documentations shall include any deviation from the micro-scale siting criteria, their underlying reasons and the likely impact on measured levels.

~~Or. en~~

3. The documentations shall include reports explaining the reasons for the network design, in particular: (a) the reasons for selecting sites representative of the highest pollution levels in the zone for each pollutant; (b) the reasons for selecting sites representative of the general population exposure; and (c) any deviation from the micro-scale siting criteria, their underlying reasons and the likely impact on measured levels.

Amendment 107

Proposal for a directive

~~Article 23 – paragraph 2 – point a~~

Annex IV – Part D – point 9

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 ;~~

9. At least every 5 years the selection criteria, network design and monitoring site locations, defined by the competent authorities in view of the requirements of this Annex, shall be reviewed to ensure they remain valid and optimal overtime. The review shall be supported at least by either modelling or indicative measurements and inform about measures to be taken to correct and update the network design within one year, in case the review reveals that the network design and location of monitoring sites are no longer valid (e.g. there is no fixed monitoring station in the area of the modelled maximum levels).

~~Or. en~~

Amendment 108

Proposal for a directive

~~Article 23 – paragraph~~Annex 2V – ~~point~~Part bB – ~~introductory~~paragraph ~~part~~3

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: :

For the other cases, measurements are to be evenly distributed over the calendar year (or over the April-September period for indicative measurements of O3). In order to comply with these requirements and to ensure that any potential losses of data do not skew results, the minimum data coverage requirements shall be met for specific periods (quarter, month, weekday) of the whole year depending on the pollutant and measurement method/frequency.

(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 or average exposure reduction obligations:

For the other cases, measurements are to be evenly distributed over the calendar year (or over the April-September period for indicative measurements of O3). In order to comply with these requirements and to ensure that any potential losses of data do not skew results, the minimum data coverage and distribution requirements shall be met for specific periods (quarter, month, weekday) of the whole year depending on the pollutant and measurement method/frequency.

~~Or. en~~

Amendment 109

Proposal for a directive

~~Article~~Annex 24V – Part D – paragraph 21 – point e a (new)

Text proposed by the Commission

Amendment

(a) the limit values, ozone target values and long-term objectives , critical levels, alert and information thresholds , average exposure reduction obligations and average exposure concentration objectives specified in Annex I

(e a) for measurements from transborder sampling points, an estimation shall be provided of the transborder pollution originating in another Member State;

(a) the limit values and long-term objectives, critical levels, alert and information thresholds , average exposure reduction obligations and average exposure concentration objectives specified in Annex I;

~~Or. en~~

Amendment 110

Proposal for a directive

~~Article 27 – paragraph 1 – subparagraph 1 – introductory part~~

Annex VI – Part B – point 2

Text proposed by the Commission

Amendment

1. 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:

2. The Commission may require Member States to prepare and submit a report on the demonstration of equivalence in accordance with point 1.

1. Member States shall ensure that, in accordance with their national legal system, members of the public 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 or acts taken by, or omissions of, the Member State to achieve compliance with this Directive, 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 referred to in Article 19 and short term action plans referred to in Article 20, provided that any of the following conditions is met:

2. The Commission shall require Member States to prepare and submit a report on the demonstration of equivalence in accordance with point 1.

~~Or. en~~

Amendment 111

Proposal for a directive

~~Article 27 – paragraph 1 – subparagraph 2~~

Annex VIII – Part A – point 4 – point a

Text proposed by the Commission

Amendment

~~Member States shall determine what constitutes a sufficient interest and impairment of a right consistently with the objective of giving the public concerned wide access to justice.~~

(a) list of the main emission sources responsible for pollution;

~~Member States shall determine what constitutes a sufficient interest and impairment of a right consistently with the objective of giving the public wide access to justice.~~

(a) list of the main emission sources, including its category, responsible for pollution;

~~Or. en~~

Amendment 112

Proposal for a directive

~~Article 27 – paragraph 1 – subparagraph 3~~

Annex VIII – Part A – point 4 a (new)

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).

4 a. Where the transport sector is part of the emission sources responsible for pollution referred to under point (a), the relevant information provided under points (a-d) shall be broken down and reported per mode of transport if possible.

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 any non-governmental organisation which is a member of the public 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).

~~Or. en~~

Amendment 113

Proposal for a directive

~~Article 27 – paragraph 2~~

Annex VIII – Part A – point 5 – point a

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.

(a) expected quantified concentration reduction (in µg/m³) at each sampling point in exceedance of limit values, ozone target value or of the average exposure indicator in case of an exceedance of the average exposure reduction obligation, from the measures referred to in point 6;

~~Or. en~~

Amendment 114

Proposal for a directive

~~Article 27 – paragraph 3~~

Annex VIII – Part A – point 5 – point b a (new)

Text proposed by the Commission

Amendment

~~3. The review procedure shall be fair, equitable, timely and not prohibitively expensive, and shall provide adequate and effective redress mechanisms, including injunctive relief as appropriate.~~

(b a) for air quality plans under Article 19(2), detailed reasons to explain how the plan sets out all appropriate measures, so that the exceedance period can be kept as short as possible, including the following:

3. The review procedure shall be fair, equitable, timely and not prohibitively expensive, and shall provide adequate and effective redress mechanisms, including injunctive relief as appropriate. Member States shall ensure that the courts or other independent and impartial review bodies are able to apply effective coercive measures.

(i) where the start date for implementation of a measure is later than 6 months from the date of adoption of the air quality plan, an explanation of the reasons why an earlier start date is not possible;

~~Or. en~~

(ii) where the analysis pursuant to point 4a has identified measures that would have greater impacts in improving air quality, but they have not been selected for adoption, an explanation of the reasons why adoption of such measures is impossible and evidence that the selected measures will achieve at least an equivalent reduction in emissions and concentrations.

Amendment 115

Proposal for a directive

~~Article 28 – paragraph 1~~

Annex VIII – Part A – point 6 – point a

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.

(a) listing and description of all the measures set out in the air quality plan, including the identification of the competent authority in charge of their implementation;

1. Member States shall ensure that natural persons who suffer damage to human health and well-being caused by a violation of the provisions of this Directive, including, but not limited to, Articles 13, 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.

(a) listing and description of all the short-term measures related to relevant categories set out in the air quality plan and justification for those measures regarding the source and category of exceedance, their efficiency and availability in time, including the identification of the competent authority in charge of their implementation;

~~Or. en~~

Amendment 116

Proposal for a directive

~~Article 28 – paragraph 4 – subparagraph 1~~

Annex VIII – Part A – point 6 – point a a (new)

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.

(a a) listing and description of all the long-term measures related to relevant categories set out in the air quality plan and justification for those measures regarding the source and category of exceedance, their efficiency, availability in time and socio-economic impact, including the identification of the competent authority in charge of their implementation;

Where a claim for compensation is supported by evidence from which it may be presumed that the violation referred to in paragraph 1 caused or contributed to the occurrence of the damage of that person, it shall be for the respondent public authority to prove that the violation did not cause or contribute to the occurrence of the damage.

~~Or. en~~

Amendment 117

Proposal for a directive

~~Article 28 – paragraph 4 – subparagraph 2~~

Annex VIII – Part A – point 6 – point b

Text proposed by the Commission

Amendment

The respondent public authority shall be able to rebut this presumption. In particular, the respondent shall have the right to challenge the relevance of the evidence relied on by the natural person and the plausibility of the explanation put forward.

(b) quantification of emission reduction (in tonnes/year) of each measure under point (a);

The respondent public authority shall be able to rebut this presumption. In particular, the respondent shall be required to prove that the violation did not cause or contribute to the occurrence of the damage or that the violation did not reasonably lead to the associated damage suffered by the claimant.

(b) quantification of emission reduction (in tonnes/year) of each measure and category under point (a);

~~Or. en~~

Amendment 118

Proposal for a directive

~~Article~~Annex 28VIII – ~~paragraph~~Part 4A – point 6 – point c a (new)

Text proposed by the Commission

Amendment

4a. For the purpose of this Article, it shall be presumed that where limit values specified in Article 13 and Table 1 of Annex I are exceeded, air pollution becomes harmful to human health and well-being of those exposed to it, in particular sensitive population groups, and it causes or contributes to the associated health effects.

(c a) an estimate of the economic and social impact of each measure, including, where relevant, any possible impact on the access to energy and mobility;

~~The association between the exceedance of the limit values and health effects shall be based on reliable relevant data, including, but not limited to, epidemiological studies.~~

Member States shall create the opportunity to systematise and publish available information on epidemiological studies and other scientific data on health effects of air pollution and causality associations, taking into account both domestic and international research, impact factor considerations, peer-reviewed publications, university and research institutions rankings, degree of acceptance by the scientific community and its admissibility in legal procedures under this Directive.

~~Or. en~~

Amendment 119

Proposal for a directive

~~Article 28 – paragraph 6~~

Annex VIII – Part A – point 6 – point e

Text proposed by the Commission

Amendment

6. Member States shall ensure that the limitation periods for bringing actions for compensation as referred to in paragraph 1 are not less than 5 years. Such periods shall not begin to run before the violation has ceased and the person claiming the compensation knows, or can reasonably be expected to know, that he or she suffered damage from a violation as referred to in paragraph 1.

(e) list of the information (including modelling and assessment results of measures) to reach the air quality standard concerned in accordance with Annex I.

6. Member States shall ensure that the limitation periods for bringing actions for compensation as referred to in paragraph 1 are not less than 10 years. Such periods shall not begin to run before the violation has ceased and the person claiming the compensation knows, or can reasonably be expected to know, that he or she suffered damage from a violation as referred to in paragraph 1.

(e) list of the information (including modelling and assessment results of short-term and long-term measures) to reach the air quality standard concerned in accordance with Annex I.

Where new relevant data, for example scientific studies, epidemiological studies, or other such studies, demonstrates for the first time a causality link between a violation as referred to in paragraph 1 and adverse health effects, the limitation period shall begin to run from the date of release of those relevant data. Where the limitation period has already begun to run, that period shall be reset as from the date of release of the relevant data.

~~Or. en~~

Amendment 120

Proposal for a directive

~~Article 29 – paragraph 3 a (new)~~

Annex VIII – Part A – point 7 – point d

Text proposed by the Commission

Amendment

~~3a. The types of infringements subject to penalties shall be at least the following:~~

(d) listing and description of all additional measures, that unfold their full impact on ambient air pollutant concentrations in 3 years or more.

~~(a) exceeding any limit value laid down in Section 1 of Annex I, in breach of Article 13(1);~~

(d) listing, description, justification and socio-economic impact of all additional measures, that unfold their full impact on ambient air pollutant concentrations in 3 years or more.

~~(b) exceeding the average exposure reduction obligation laid down in Section 5 of Annex I, in breach of Article 13(3);~~

~~(c) failing to promptly adopt or implement adequate air quality plans pursuant to Article 19;~~

~~(d) failing to promptly adopt or implement adequate short-term action plans pursuant to Article 20;~~

~~(e) non-compliance with measures to reduce air pollution set out in air quality plans pursuant to Article 19 and short-term action plans pursuant to Article 20;~~

~~(f) failing to take the necessary steps to inform the public in the event of information or alert thresholds being exceeded pursuant to Article 15(3);~~

~~(g) failing to design the monitoring network and locate sampling points in accordance with the requirements in Article 9 and Annexes III, IV and V.~~

~~Or. en~~

Amendment 121

Proposal for a directive

~~Article 31 – paragraph 1 – subparagraph 1~~

Annex VIII – Part A – point 7 – point d a (new)

Text proposed by the Commission

Amendment

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Articles 1, 2 and 3, Article 4, points (2), (13), (14), (16), (18), (19), (21), (22), points (24) to (30), points (36), (37), (38) and (39), Articles 5 to 12, Article 13(1), (2), (3), (6) and (7), Article 15, Article 16(1) and (2), Articles 17 to 21, Article 22(1), (2) and (4), Articles 23 to 29 and Annexes I to IX by [insert date : two years after entry into force] at the latest .

(d a) data on existing and planned zero- or low-emission zones;

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Articles 1, 2 and 3, Article 4, points (2), (13), (14), (16), (18), (19), (21), (22), points (24) to (30), points (36), (37), (38) and (39), Articles 5 to 12, Article 13(1), (2), (3), (6) and (7), Article 15, Article 16(1) and (2), Articles 17, 18, 20 and 21, Article 22(1), (2) and (4), Articles 23 to 29 and Annexes I to IX by [insert date : 18 months after entry into force] at the latest .

~~Or. en~~

Amendment 122

Proposal for a directive

~~Article~~Annex 31VIII – ~~paragraph~~Part 1A – ~~subparagraph~~point 17 a– point d b (new)

Text proposed by the Commission

Amendment

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Article 19 by ... [three months after the date of entry into force of this Directive] at the latest.

(d b) where applicable, data relevant for the reductions of emissions and pollutant concentrations contained in Sustainable Urban Mobility Plans, as established in COM/2013/0913;

~~Or. en~~

Amendment 123

Proposal for a directive

~~Annex I – Section 1 – table 1~~

Annex VIII – Part A – point 8 – point b a (new)

Text proposed by the Commission

~~Averaging period~~

~~Limit value~~

~~PM2.5~~

~~1 day~~

~~25 μg/m3~~

~~not to be exceeded more than 18 times per calendar year~~

~~Calendar year~~

~~10 μg/m³~~

~~PM10~~

~~1 day~~

~~45 μg/m3~~

~~not to be exceeded more than 18 times per calendar year~~

~~Calendar year~~

~~20 μg/m3~~

~~Nitrogen dioxide (NO2)~~

~~1 hour~~

~~200 μg/m3~~

~~not to be exceeded more than once per calendar year~~

~~1 day~~

~~50 μg/m3~~

~~not to be exceeded more than 18 times per calendar year~~

~~Calendar year~~

~~20 μg/m3~~

~~Sulphur dioxide (SO2)~~

~~1 hour~~

~~350 μg/m3~~

~~not to be exceeded more than once per calendar year~~

~~1 day~~

~~50 μg/m3~~

~~not to be exceeded more than 18 times per calendar year~~

~~Calendar year~~

~~20 μg/m3~~

~~Benzene~~

~~Calendar year~~

~~3,4 μg/m3~~

~~Carbon monoxide (CO)~~

~~maximum daily 8 – hour mean (1)~~

~~10 mg/m3~~

~~1 day~~

~~4 mg/m3~~

~~not to be exceeded more than 18 times per calendar year~~

~~Lead (Pb)~~

~~Calendar year~~

~~0,5 μg/m3~~

~~Arsenic (As)~~

~~Calendar year~~

~~6,0 ng/m³~~

~~Cadmium (Cd)~~

~~Calendar year~~

~~5,0 ng/m³~~

~~Nickel (Ni)~~

~~Calendar year~~

~~20 ng/m³~~

~~Benzo(a)pyrene~~

~~Calendar year~~

~~1,0 ng/m³~~

(1) The maximum daily 8-hour mean concentration will be selected by examining 8-hour running averages, calculated from hourly data and updated each hour. Each 8-hour average so calculated will be assigned to the day on which it ends i.e. the first calculation period for any 1 day will be the period from 17.00 on the previous day to 1.00 on that day; the last calculation period for any 1 day will be the period from 16.00 to 24.00 on that day.

Amendment

~~Averaging period~~

(b a) estimate of impact of measures to reduce emissions and pollutant concentrations in the transport sector.

~~Limit value~~

~~PM2.5~~

~~1 day~~

~~15 μg/m3~~

~~not to be exceeded more than 18 times per calendar year~~

~~Calendar year~~

~~5 μg/m³~~

~~PM10~~

~~1 day~~

~~45 μg/m3~~

~~not to be exceeded more than 18 times per calendar year~~

~~Calendar year~~

~~15 μg/m3~~

~~Nitrogen dioxide (NO2)~~

~~1 hour~~

~~200 μg/m3~~

~~not to be exceeded more than once per calendar year~~

~~1 day~~

~~25 μg/m3~~

~~not to be exceeded more than 18 times per calendar year~~

~~Calendar year~~

~~10 μg/m3~~

~~Sulphur dioxide (SO2)~~

~~1 hour~~

~~200 μg/m3~~

~~not to be exceeded more than once per calendar year~~

~~1 day~~

~~40 μg/m3~~

~~not to be exceeded more than 18 times per calendar year~~

~~Calendar year~~

~~20 μg/m3~~

~~Ozone (O3)~~

~~maximum daily 8 – hour mean (1)~~

~~120 μg/m3~~

~~not to be exceeded more than three times per calendar year~~

~~Benzene~~

~~Calendar year~~

~~0,17 μg/m3~~

~~Carbon monoxide (CO)~~

~~maximum daily 8 – hour mean (1)~~

~~10 mg/m3~~

~~1 day~~

~~4 mg/m3~~

~~not to be exceeded more than 18 times per calendar year~~

~~Lead (Pb)~~

~~Calendar year~~

~~0,15 μg/m3~~

~~Arsenic (As)~~

~~Calendar year~~

~~0,66 ng/m³~~

~~Cadmium (Cd)~~

~~Calendar year~~

~~5,0 ng/m³~~

~~Nickel (Ni)~~

~~Calendar year~~

~~2,5 ng/m³~~

~~Benzo(a)pyrene~~

~~Calendar year~~

~~0,25 ng/m³~~

~~Or. en~~

~~Justification~~

To be in line with the objectives of the Zero Pollution ambition, the EU air quality standards need to be fully aligned with the most up to date WHO Air Quality Guidelines. Given that the suggested limit values for some pollutants have not been updated in the 2021 WHO guidelines, these have been aligned with earlier WHO guidelines or other national limit values. The hourly limit value for SO2 has been aligned with the values agreed under the Gothenburg Protocol and in line with the US NAAQS.

Amendment 124

Proposal for a directive

Annex IVIII – ~~Section~~Part B – point 2 – ~~title~~introductory part

Text proposed by the Commission

Amendment

~~2 Ozone target values and ozone long-term objectives~~

2. Information on all air pollution abatement measures that have been considered at local, regional or national level for implementation in connection with the attainment of air quality objectives, including:

~~2 Ozone long-term objectives~~

2. Information on all air pollution abatement measures that have been considered at local, regional or national level for implementation and/or will be implemented in connection with the attainment of air quality objectives for each category in short and long term, including:

~~Or. en~~

Amendment 125

Proposal for a directive

Annex IVIII – ~~Section~~Part B – point 2 – point Ba a (new)

Text proposed by the Commission

Amendment

~~B Ozone target values~~

(a a) reduction of emissions from the uptake of zero and low emission vehicles, including as a result of economic incentives, and such reductions from public transport and/or vehicles equipped with modern digital solutions affecting emission reduction;

~~deleted~~

~~[...]~~

~~Or. en~~

Amendment 126

Proposal for a directive

Annex IVIII – ~~Section~~Part 2B – point B2 – ~~table~~point b a (new)

Text proposed by the Commission

~~Objective~~

~~Averaging period~~

~~Target value~~

~~Protection of human health~~

~~Maximum daily 8-hour mean (1)~~

~~120 μg/m3~~

~~not to be exceeded on more than 18 days per calendar year averaged over 3 years (2)~~

~~Protection of the environment~~

~~May to July~~

~~AOT40 (calculated from 1-hour values)~~

~~18 000 μg/m3 × h averaged over 5 years (2)~~

(1) The maximum daily 8-hour mean concentration shall be selected by examining 8-hour running averages, calculated from hourly data and updated each hour. Each 8-hour average so calculated shall be assigned to the day on which it ends. i.e. the first calculation period for any 1 day will be the period from 17.00 on the previous day to 1.00 on that day; the last calculation period for any 1 day will be the period from 16.00 to 24.00 on the day.

(2) If the 3- or 5-year averages cannot be determined on the basis of a full and consecutive set of annual data, the minimum annual data required for checking compliance with the target values will be as follows:

~~- for the target value for the protection of human health: valid data for 1 year,~~

~~- for the target value for the protection of vegetation: valid data for 3 years.~~

Amendment

~~deleted~~

(b a) reduction of emissions from road, maritime, and air transport through the use of alternative fuels and deployment of alternative fuels infrastructure, as well as the use of economic incentives to accelerate their take-up;

~~Or. en~~

~~Justification~~

Given the extensive impacts of ozone on human health and the need to reduce the level of this pollutant in the ambient air, it is necessary to transform the currently applicable target value for this pollutant into a legally binding limit value. At the same time, for the sake of consistency, the ozone target value for the protection of the environment should be transformed into an ozone critical level.

Amendment 127

Proposal for a directive

Annex IVIII – ~~Section~~Part 2B – point C2 – ~~table~~point b b (new)

Text proposed by the Commission

~~Objective~~

~~Averaging period~~

~~Long-term objective~~

~~Protection of human health~~

~~Maximum daily 8-hour mean within a calendar year~~

~~100 μg/m3 (1)~~

~~Protection of vegetation~~

~~May to July~~

~~AOT40 (calculated from 1 h values)~~

~~6 000 μg/m3 × h~~

~~(1) 99th percentile (i.e. 3 exceedance days per year).~~

Amendment

~~Objective~~

(b b) reduction of transport emissions through investments in active mobility, including cycling, relevant infrastructure and intermodal synergies;

~~Averaging period~~

~~Long-term objective~~

~~Protection of human health~~

~~Maximum daily 8-hour mean within a calendar year~~

~~Peak season~~

~~100 μg/m3 (1)~~

~~60 μg/m3 (2)~~

~~Protection of vegetation~~

~~May to July~~

~~AOT40 (calculated from 1 h values)~~

~~6 000 μg/m3 × h~~

~~(1) 99th percentile (i.e. 3 exceedance days per year).~~

~~(2) Average of daily maximum 8-hour mean O3 concentration in the six consecutive months with the highest six-month running- average O3 concentration.~~

~~Or. en~~

~~Justification~~

Ozone concentrations peak in certain parts of the year, especially in regions with high emissions from traffic and industry. In regions away from the equator, in the northern hemisphere, this period will typically be in the warm season (summer) within a single calendar year. Consequently, possible exceedances are likely to be recorded during that period. The long-term objective for this pollutant should therefore be also linked to the peak season exposure in line with the 2021 WHO Guidelines.

Amendment 128

Proposal for a directive

~~Annex I – Section 3 – table~~

Annex VIII – Part B – point 2 – point b c (new)

Text proposed by the Commission

~~Averaging period~~

~~Critical level~~

~~Sulphur dioxide (SO2)~~

~~Calendar year and winter (1 October to 31 March)~~

~~20 μg/m3~~

~~Oxides of nitrogen (NOx)~~

~~Calendar year~~

~~30 μg/m3 NOx~~

Amendment

~~Averaging period~~

(b c) measures related to improved quality, efficiency, affordability and connectivity of public transport;

~~Critical level~~

~~Sulphur dioxide (SO2)~~

~~Calendar year and winter (1 October to 31 March)~~

~~20 μg/m3~~

~~Oxides of nitrogen (NOx)~~

~~Calendar year~~

~~30 μg/m3 NOx~~

~~Ammonia (NH3)~~

~~Calendar year~~

~~3 μg/m3~~

~~Ozone (O3)~~

~~May to July~~

~~AOT40 (calculated from 1 h values)~~

~~18 000 μg/m3 × h averaged over 5 years~~

(1) If the 5-year averages cannot be determined on the basis of a full and consecutive set of annual data, the minimum annual data required for checking compliance with the critical level will be valid data for 3 years.

~~Or. en~~

~~Justification~~

For the sake of consistency with the other pollutants having adverse effect on the ecosystem, the ozone target value for the protection of the environment should be transformed into an ozone critical level. Moreover, critical level for ammonia should be also introduced, in line with the provisions of the Convention on Long Range Transboundary Air Pollution (LRTAP) and the values recommended by the group of experts under the Convention.

Amendment 129

Proposal for a directive

Annex IVIII – ~~Section~~Part 4B – point A2 – ~~title~~point b d (new)

Text proposed by the Commission

Amendment

~~A Alert thresholds for pollutants other than ozone~~

(b d) measures related to the deployment of alternative fuels infrastructure;

~~A Alert thresholds~~

~~Or. en~~

Amendment 130

Proposal for a directive

Annex IVIII – ~~Section~~Part 4B – point A2 – ~~paragraph~~point 1b e (new)

Text proposed by the Commission

Amendment

To be measured over 3 consecutive hours in the case of sulphur dioxide and nitrogen dioxide, and over three consecutive days for PM10 and PM2.5, at locations representative of air quality over at least 100 km2 or an entire zone, whichever is the smaller.

(b e) measures related to the implementation of intelligent transport systems and digital solutions related to emissions reduction;

The alert thresholds are triggered when the values in the following table are exceeded for 3 consecutive hours in the case of sulphur dioxide, nitrogen dioxide and ozone, and over 2 consecutive days for PM10 and PM2.5.

~~Or. en~~

Amendment 131

Proposal for a directive

Annex IVIII – ~~Section~~Part 4B – point A2 – ~~table~~point b f (new)

Text proposed by the Commission

~~Pollutant~~

~~Alert threshold~~

~~Sulphur dioxide (SO2)~~

~~500 μg/m3~~

~~Nitrogen dioxide (NO2)~~

~~400 μg/m3~~

~~PM2.5~~

~~50 μg/m3~~

~~PM10~~

~~90 μg/m3~~

Amendment

~~Pollutant~~

(b f) measures related to smart parking;

~~Alert threshold~~

~~Sulphur dioxide (SO2)~~

~~200 μg/m3~~

~~Nitrogen dioxide (NO2)~~

~~100 μg/m3~~

~~PM2.5~~

~~50 μg/m3~~

~~PM10~~

~~90 μg/m3~~

~~Ozone (O3)~~

~~240 μg/m3~~

~~Or. en~~

~~Justification~~

For the sake of overall consistency of the Directive, alert threshold for ozone should be included together with the alert thresholds for other pollutants. Moreover, alert thresholds for SO2 and NO2 should be lowered following the alignment of the limit values listed in Table 1 Section 1 of Annex I (the new values proposed have as a basis the Canadian air quality legislation).

Amendment 132

Proposal for a directive

Annex IVIII – ~~Section~~Part 4B – point B2 – ~~title~~point d

Text proposed by the Commission

Amendment

~~B Information and alert thresholds for ozone~~

(d) measures to limit transport emissions through traffic planning and management (including congestion pricing, differentiated parking fees or other economic incentives; establishing urban vehicles access restrictions schemes, including low emission zones);

~~B Information thresholds~~

(d) measures to limit transport emissions through traffic planning and management (including congestion pricing, differentiated parking fees or other economic incentives such as reduced public transport fares for targeted low-income groups, establishing urban vehicles access restrictions schemes, including low emission zones);

~~Or. en~~

Amendment 133

Proposal for a directive

Annex IVIII – ~~Section~~Part 4B – point B2 – ~~paragraph -1~~point ~~(new)~~e

Text proposed by the Commission

Amendment

The information thresholds are triggered when the values in the following table are exceeded for a 24-hour period in the case of sulphur dioxide, nitrogen dioxide, PM10 and PM2.5, and for 3 consecutive hours in the case of ozone.

(e) measures to encourage a shift towards less polluting forms of transport;

~~Or. en~~

(e) measures to encourage a modal shift towards less polluting forms of transport including rail and inland waterways, but also through active and public transport, as well as social leasing of electric vehicles and vehicle scrappage schemes, and to support changes in mobility behaviour;

Amendment 134

Proposal for a directive

Annex IVIII – ~~Section~~Part 4B – point B2 – ~~table~~point f

Text proposed by the Commission

~~Purpose~~

~~Averaging period~~

~~Threshold~~

~~Information~~

~~1 hour~~

~~180 μg/m3~~

~~Alert~~

~~1 hour (1)~~

~~240 μg/m3~~

~~(1) For the implementation of Article 20, the exceedance of the threshold is to be measured or predicted for 3 consecutive hours.~~

Amendment

~~Pollutant~~

(f) measures to encourage a shift towards zero emissions vehicles and non-road machinery for both private and commercial applications;

~~Information threshold~~

(f) measures to encourage a shift towards zero and low emissions vehicles and non-road machinery for both private and commercial applications;

~~Sulphur dioxide (SO2)~~

~~40 μg/m3~~

~~Nitrogen dioxide (NO2)~~

~~25 μg/m3~~

~~PM2.5~~

~~15 μg/m3~~

~~PM10~~

~~45 μg/m3~~

~~Ozone (O3)~~

~~180 μg/m3~~

~~Or. en~~

~~Justification~~

There are certain risks to human health from brief exposure for particularly sensitive population and vulnerable groups to pollutants other than ozone, such as SO2, NO2, PM2.5 and PM10. It is therefore prudent to include in the Directive information thresholds also for those pollutants. The numerical values for newly introduced information thresholds are based on those of the Canadian air quality legislation.

Amendment 135

Proposal for a directive

Annex IVIII – ~~Section~~Part 5B – point A2 – ~~paragraph~~point 1g

Text proposed by the Commission

Amendment

The Average Exposure Indicator expressed in μg/m3 (AEI) shall be based upon measurements in urban background locations in territorial units at NUTS 1 level throughout the territory of a Member State. It shall be assessed as a 3-calendar-year running annual mean concentration averaged over all sampling points of the relevant pollutant established pursuant to Point B of Annex III in each NUTS 1 territorial unit. The AEI for a particular year shall be the mean concentration of that same year and the preceding 2 years.

(g) measure to ensure that low emission fuels are given preference in small-, medium- and large-scale stationary sources and in mobile sources;

The Average Exposure Indicator expressed in μg/m3 (AEI) shall be based upon measurements at all sampling points in urban background, traffic, industrial and residentiallocations in territorial units at NUTS 2 level throughout the territory of a Member State. It shall be assessed as a 3-calendar-year running annual mean concentration averaged over all sampling points of the relevant pollutant in each NUTS 2 territorial unit. The AEI for a particular year shall be the mean concentration of that same year and the preceding 2 years.

(g) measure to ensure that zero and low emission fuels are given preference in small-, medium- and large-scale stationary sources and in mobile sources;

~~Or. en~~

Amendment 136

Proposal for a directive

Annex IVIII – ~~Section 5 –point~~Part B – ~~paragraph~~point 12 – ~~indent~~point 1h a (new)

Text proposed by the Commission

Amendment

~~– for PM2.5, 25% lower than the AEI was 10 years before, unless it is already no higher than the average exposure concentration objective for PM2.5 defined in Section C.~~

(h a) measures to reduce air pollution in hotspots, including in ports, notably by speeding-up the deployment of on-shore power infrastructure for ships at berth;

~~– for PM2.5, 25% lower than the AEI was 5 years before, unless it is already no higher than the average exposure concentration objective for PM2.5 defined in Section C.~~

~~Or. en~~

Amendment 137

Proposal for a directive

Annex ~~I – Section 5~~VIII – ~~point~~Part B – ~~paragraph~~point 12 – ~~indent~~point 2i

Text proposed by the Commission

Amendment

~~– for NO2, 25% lower than the AEI was 10 years before, unless it is already no higher than the average exposure concentration objective for NO2 defined in Section C.~~

(i) measures to protect the health of children or other sensitive population groups.

~~– for NO2, 25% lower than the AEI was 5 years before, unless it is already no higher than the average exposure concentration objective for NO2 defined in Section C.~~

(i) measures to protect the health of children, such as school streets with limited or no access for cars, and measures to protect the health of other sensitive population and vulnerable groups.

~~Or. en~~

Amendment 138

Proposal for a directive

~~Annex II – Section 1 – table~~

Annex VIII – Part B – point 2 – point i a (new)

Text proposed by the Commission

~~Pollutant~~

~~Assessment threshold (annual mean, unless specified)~~

~~PM2.5~~

~~5 μg/m3~~

~~PM10~~

~~15 μg/m3~~

~~Nitrogen dioxide (NO2)~~

~~10 μg/m3~~

~~Sulphur dioxide (SO2)~~

~~40 μg/m3 (24-hour mean)(1)~~

~~Benzene~~

~~1,7 μg/m3~~

~~Carbon monoxide (CO)~~

~~4 mg/m³ (24-hour mean)(1)~~

~~Lead (Pb)~~

~~0,25 μg/m3~~

~~Arsenic (As)~~

~~3,0 ng/m3~~

~~Cadmium (Cd)~~

~~2,5 ng/m3~~

~~Nickel (Ni)~~

~~10 ng/m3~~

~~Benzo(a)pyrene~~

~~0,12 ng/m3~~

~~Ozone (O3)~~

~~100 μg/m3 (maximum 8-hour mean)(1)~~

~~(1) 99th percentile (i.e. 3 exceedance days per year).~~

Amendment

~~Pollutant~~

(i a) measures to better protect the health of workers who are exposed to unhealthy levels of air pollution in their profession.

~~Assessment threshold (annual mean, unless specified)~~

~~PM2.5~~

~~3,5 μg/m3~~

~~PM10~~

~~10,5 μg/m3~~

~~Nitrogen dioxide (NO2)~~

~~8 μg/m3~~

~~Sulphur dioxide (SO2)~~

~~24 μg/m³ (24-hour mean)(1)~~

~~Benzene~~

~~0,119 μg/m3~~

~~Carbon monoxide (CO)~~

~~4 mg/m³ (24-hour mean)(1)~~

~~Lead (Pb)~~

~~0,1 μg/m3~~

~~Arsenic (As)~~

~~0,462 ng/m3~~

~~Cadmium (Cd)~~

~~2,5 ng/m3~~

~~Nickel (Ni)~~

~~1,75 ng/m3~~

~~Benzo(a)pyrene~~

~~0,12 ng/m3~~

~~Ozone (O3)~~

~~80 μg/m3 (maximum 8-hour mean)(1)~~

~~(1) 99th percentile (i.e. 3 exceedance days per year).~~

~~Or. en~~

~~Justification~~

The assessment thresholds for health protection have been adjusted in light of the full alignment with the WHO guidelines of the limit values listed in Table 1 of Section 1 of Annex I by using the percentage of the upper assessment threshold for each pollutant listed in the current Directive. For ozone the assessment threshold has been derived from EEA Assessment of ground-level ozone in EEA member countries.

Amendment 139

Proposal for a directive

Annex IIIX – ~~Section~~point 2 -– ~~table~~point d

~~Text proposed by the Commission~~

~~Pollutant~~

~~Assessment threshold (annual mean, unless specified)~~

~~Sulphur dioxide (SO2)~~

~~8 μg/m3 (average between 1 October and 31 March)~~

~~Oxides of nitrogen (NOx)~~

~~19,5 μg/m3~~

~~Amendment~~

~~Pollutant~~

~~Assessment threshold (annual mean, unless specified)~~

~~Sulphur dioxide (SO2)~~

~~8 μg/m3 (average between 1 October and 31 March)~~

~~Oxides of nitrogen (NOx)~~

~~19,5 μg/m3~~

~~Ammonia (NH3)~~

~~1,0 μg/m3~~

~~Ozone (O3)~~

~~80 µg/m3~~

~~Or. en~~

~~Justification~~

Following the addition of ozone and ammonia to the list of critical levels for the protection of vegetation and natural ecosystems, it is necessary to establish assessment thresholds for both pollutants. Assessment threshold for ammonia stems from the work of the expert group under the Convention on Long Range Transboundary Air Pollution (LRTAP). For ozone the assessment threshold has been derived from EEA Assessment of ground-level ozone in EEA member countries,

~~Amendment 140~~

~~Proposal for a directive~~

~~Annex III – Part A – title~~

~~Text proposed by the Commission~~

~~Amendment~~

A Minimum number of sampling points for fixed measurement to assess compliance with limit values for the protection of human health, ozone target values, long-term objectives, information thresholds and alert thresholds

A Minimum number of sampling points for fixed measurement to assess compliance with limit values for the protection of human health, ozone long-term objectives, information thresholds and alert thresholds

~~Or. en~~

~~Amendment 141~~

~~Proposal for a directive~~

~~Annex III – Part A – point 1 – paragraph 1~~

~~Text proposed by the Commission~~

~~Amendment~~

Table 1 - Minimum number of sampling points for fixed measurement to assess compliance with limit values for the protection of human health and alert thresholds in zones where fixed measurement is the sole source of information (for all pollutants except ozone)

Table 1 - Minimum number of sampling points for fixed measurement to assess compliance with limit values for the protection of human health and information and alert thresholds in zones where fixed measurement is the sole source of information (for all pollutants except ozone)

~~Or. en~~

~~Amendment 142~~

~~Proposal for a directive~~

~~Annex III – Part A – point 1 – table 1~~

~~Text proposed by the Commission~~

~~Population of zone (thousands)~~

~~Minimum number of sampling points if concentrations exceed the assessment threshold~~

~~NO2, SO2, CO, benzene~~

~~Sum~~

~~(1)~~

~~Minimum PM10~~

~~Minimum PM2.5~~

~~Pb, Cd, As, Ni in PM10~~

~~Benzo(a)pyrene in PM10~~

~~0 - 249~~

~~250 - 499~~

~~500 - 749~~

~~750 - 999~~

~~1 000 - 1 499~~

~~1 500 - 1 999~~

~~2 000 - 2 749~~

~~2 750 - 3 749~~

~~3 750 - 4 749~~

~~4 750 - 5 999~~

~~6 000+~~

~~(1) The number of PM2.5 and NO2 sampling points in the urban background locations of urban areas shall meet the requirements set out in Point B.~~

~~Amendment~~

~~Population of zone (thousands)~~

~~Minimum number of sampling points if concentrations exceed the assessment threshold~~

~~NO2, SO2, CO, benzene~~

~~Sum~~

~~Minimum PM10~~

~~Minimum PM2.5~~

~~Pb, Cd, As, Ni in PM10~~

~~Benzo(a)pyrene in PM10~~

~~0 - 249~~

~~250 - 499~~

~~500 - 749~~

~~750 - 999~~

~~1 000 - 1 499~~

~~1 500 - 1 999~~

~~2 000 - 2 749~~

~~2 750 - 3 749~~

~~3 750 - 4 749~~

~~4 750 - 5 999~~

~~6 000+~~

~~Or. en~~

~~Justification~~

~~Technical AM following the introduction of information thresholds for a number of other pollutants and deletion of Point B of Annex III~~

~~Amendment 143~~

~~Proposal for a directive~~

~~Annex III – Part A – point 1 – paragraph 2~~

~~Text proposed by the Commission~~

~~Amendment~~

Table 2 - Minimum number of sampling points for fixed measurement to assess compliance with ozone target values, long-term objectives and information and alert thresholds where such measurements are the sole source of information (for ozone only)

Table 2 - Minimum number of sampling points for fixed measurement to assess compliance with the ozone limit value, critical level, long-term objectives and information and alert thresholds where such measurements are the sole source of information (for ozone only)

~~Or. en~~

~~Amendment 144~~

~~Proposal for a directive~~

~~Annex III – Part A – point 1 – table 2~~

~~Text proposed by the Commission~~

~~Population (thousands)~~

~~Minimum number of sampling points if the number of sampling points is reduced by up to 50% (1)~~

~~< 250~~

~~< 500~~

~~< 1 000~~

~~< 1 500~~

~~< 2 000~~

~~< 2 750~~

~~< 3 750~~

~~≥ 3 750~~

~~1 additional sampling point per 2 million inhabitants~~

(1) At least 1 sampling point in areas where exposure of the population to the highest concentrations of ozone is likely to occur. In agglomerations, at least 50 % of the sampling points shall be located in suburban areas

~~Amendment~~

~~Population (thousands)~~

~~Minimum number of sampling points if concentrations exceed the assessment threshold (1)~~

~~< 250~~

~~< 500~~

~~< 1 000~~

~~< 1 500~~

~~< 2 000~~

~~< 2 750~~

~~< 3 750~~

~~≥ 3 750~~

~~1 additional sampling point per 2 million inhabitants~~

~~Or. en~~

~~Justification~~

Technical AM following the transformation of ozone target value for the protection of human health into a limit value and the ozone target value for the protection of environment into ozone critical level. Additionally an editing mistake in the table has been corrected.

~~Amendment 145~~

~~Proposal for a directive~~

~~Annex III – Part A – point 1 – paragraph 3~~

Text proposed by the Commission

Amendment

Table 3 - Minimum number of sampling points for fixed measurement to assess compliance with limit values for the protection of human health and alert thresholds in zones where a 50% reduction of such measurements applies (for all pollutants except ozone)

(d) information on preventive action to reduce pollution and/or exposure to it: indication of main source sectors; recommendations for action to reduce emissions;

Table 3 - Minimum number of sampling points for fixed measurement to assess compliance with limit values for the protection of human health and information and alert thresholds in zones where a 50% reduction of such measurements applies (for all pollutants except ozone)

(d) information on short term measures and preventive actions to reduce pollution and/or exposure to it: indication of main source sectors; recommendations for action to reduce emissions and limitations for exposure;

~~Or. en~~

PROCEDURE – COMMITTEE ASKED FOR OPINION

~~Amendment 146~~

Title

~~Proposal for a directive~~

Ambient air quality and cleaner air for Europe (recast)

~~Annex III – Part A – point 1 – table 3~~

References

~~Text proposed by the Commission~~

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

~~Population of zone (thousands)~~

Committee responsible

~~Minimum number of sampling points if the number of sampling points is reduced by up to 50%~~

Date announced in plenary

~~NO2, SO2, CO, benzene~~

ENVI

~~Sum PM (1)~~

19.1.2023

~~Minimum PM10~~

Opinion by

~~Minimum PM2.5~~

Date announced in plenary

~~Pb, Cd, As, Ni in PM10~~

TRAN

~~Benzo(a)pyrene in PM10~~

19.1.2023

~~0 - 249~~

Rapporteur for the opinion

Date appointed

Vera Tax

19.1.2023

Discussed in committee

21.3.2023

Date adopted

~~250 - 499~~

24.5.2023

Result of final vote

–:

~~500 - 749~~

~~750 - 999~~

~~1 000 - 1 499~~

~~1 500 - 1 999~~

~~2 000 - 2 749~~

~~2 750 - 3 749~~

~~3 750 - 4 749~~

~~4 750 - 5 999~~

~~6 000+~~

~~(1) The number of PM2.5 and NO2 sampling points in the urban background locations of urban areas shall meet the requirements set out in point B.~~

~~Amendment~~

~~Population of zone (thousands)~~

~~Minimum number of sampling points if the number of sampling points is reduced by up to 50%~~

~~NO2, SO2, CO, benzene~~

~~Sum PM (1)~~

~~Minimum PM10~~

~~Minimum PM2.5~~

~~Pb, Cd, As, Ni in PM10~~

~~Benzo(a)pyrene in PM10~~

~~0 - 249~~

Members present for the final vote

Andris Ameriks, José Ramón Bauzá Díaz, Erik Bergkvist, Paolo Borchia, Karolin Braunsberger-Reinhold, Marco Campomenosi, Ciarán Cuffe, Jakop G. Dalunde, Anna Deparnay-Grunenberg, Ismail Ertug, Carlo Fidanza, Jens Gieseke, Kateřina Konečná, Elena Kountoura, Bogusław Liberadzki, Peter Lundgren, Benoît Lutgen, Elżbieta Katarzyna Łukacijewska, Marian-Jean Marinescu, Ljudmila Novak, Jan-Christoph Oetjen, Rovana Plumb, Bergur Løkke Rasmussen, Dominique Riquet, Massimiliano Salini, Vera Tax, Barbara Thaler, Petar Vitanov, Lucia Vuolo, Roberts Zīle

Substitutes present for the final vote

Pablo Arias Echeverría, Ignazio Corrao, Vlad Gheorghe, Roman Haider, Ondřej Kovařík, Jutta Paulus, Andreas Schieder, Jörgen Warborn

Substitutes under Rule 209(7) present for the final vote

~~250 - 499~~

Mauri Pekkarinen, Antonio Maria Rinaldi, Paul Tang, Eugen Tomac, Elena Yoncheva

FINAL VOTE BY ROLL CALL IN COMMITTEE ASKED FOR OPINION

Key to symbols:

~~500 - 749~~

~~750 - 999~~

~~1 000 - 1 499~~

~~1 500 - 1 999~~

~~2 000 - 2 749~~

~~2 750 - 3 749~~

~~3 750 - 4 749~~

~~4 750 - 5 999~~

~~6 000+~~

~~Or. en~~

~~Justification~~

~~Technical AM following the introduction of information thresholds for a number of other pollutants and deletion of point B of Annex III.~~

~~Amendment 147~~

~~Proposal for a directive~~

~~Annex III – Part A – point 1 – paragraph 4~~

~~Text proposed by the Commission~~

~~Amendment~~

Table 4 - Minimum number of sampling points for fixed measurements to assess compliance with ozone target values, long-term objectives and information and alert thresholds in zones where a 50% reduction of such measurements applies (for ozone only)

Table 4 - Minimum number of sampling points for fixed measurements to assess compliance with the ozone limit value, critical level, long-term objectives and information and alert thresholds in zones where a 50% reduction of such measurements applies (for ozone only)

~~Or. en~~

~~Justification~~

~~Amendment 148~~

~~Proposal for a directive~~

~~Annex III – Part B~~

~~Text proposed by the Commission~~

~~Amendment~~

~~B Minimum number of sampling points for fixed measurement to assess compliance with the PM25 and NO2 average exposure reduction obligations for the protection of human health~~

~~deleted~~

For PM2.5 and NO2 each, one sampling point per NUTS 1 region as described in Regulation (EC) No 1059/2003, and at least 1 sampling point per million inhabitants calculated over urban areas in excess of 100 000 inhabitants shall be operated for this purpose. Those sampling points may coincide with sampling points under Point A.

~~Or. en~~

~~Amendment 149~~

~~Proposal for a directive~~

~~Annex III – Part D – title~~

~~Text proposed by the Commission~~

~~Amendment~~

~~D Minimum number of sampling points for fixed measurements of ultrafine particles where high concentrations~~

~~D Minimum number of sampling points for fixed measurements of ultrafine particles where high concentrations are likely to occur~~

~~Or. en~~

~~Amendment 150~~

~~Proposal for a directive~~

~~Annex III – Part D – paragraph 1~~

~~Text proposed by the Commission~~

~~Amendment~~

Ultrafine particles shall be monitored at selected locations in addition to other air pollutants. Sampling points to monitor ultrafine particles shall coincide, where appropriate, with sampling points for particulate matter or nitrogen dioxide referred to in Point A, and be sited in accordance with Section 3 of Annex VII. For this purpose, at least 1 sampling point per 5 million inhabitants shall be established at a location where high UFP concentrations are likely to occur. Member States that have fewer than 5 million inhabitants shall establish at least 1 fixed sampling point at a location where high UFP concentrations are likely to occur.

Ultrafine particle number concentrations shall be monitored at selected locations in addition to other air pollutants at the same locations as sampling points for particulate matter or nitrogen dioxide referred to in Point A, and be sited in accordance with Section 3 of Annex VII. For this purpose, at least 1 sampling point per 1 million inhabitants shall be established at a location where high UFP concentrations are likely to occur. Member States that have fewer than 1 million inhabitants shall establish at least 1 fixed sampling point at a location where high UFP concentrations are likely to occur.

~~Or. en~~

~~Amendment 151~~

~~Proposal for a directive~~

~~Annex IV – Part B – point 2 – point a – point ii~~

~~Text proposed by the Commission~~

~~Amendment~~

~~(ii) concentration levels in other areas within the zones which are representative of the exposure of the general population, and~~

~~(ii) concentration levels in other areas within the zones which are representative of the exposure of the general population,~~

~~Or. en~~

~~Amendment 152~~

~~Proposal for a directive~~

~~Annex IV – Part B – point 2 – point a – point ii a (new)~~

~~Text proposed by the Commission~~

~~Amendment~~

(iia) concentration levels in other areas within the zones which are close to locations frequented by sensitive population and vulnerable groups, such as schools, playgrounds, hospitals and homes for the elderly,

~~Or. en~~

~~Amendment 153~~

~~Proposal for a directive~~

~~Annex IV – Part B – point 2 – point b a (new)~~

~~Text proposed by the Commission~~

~~Amendment~~

(ba) Urban traffic locations shall be located in such a way as to provide data on the streets where the highest concentrations occur, taking into consideration traffic volume (at least 10 000 vehicles per day or representing the largest traffic density in the zone), local dispersion conditions and spatial land use (e.g. in street canyons);

~~Or. en~~

~~Amendment 154~~

~~Proposal for a directive~~

~~Annex IV – Part B – point 2 – point d~~

~~Text proposed by the Commission~~

~~Amendment~~

~~(d) where the objective is to measure the contribution of domestic heating, at least one sampling point shall be installed within the main wind direction of these sources;~~

(d) where the objective is to measure the contribution of residential heating, at least one sampling point shall be installed within the main wind direction of these sources; sampling points shall be sited in such a way that the air sampled is representative of air quality for a residential area of at least 250 m × 250 m;

~~Or. en~~

~~Amendment 155~~

~~Proposal for a directive~~

~~Annex IV – Part B – point 2 – point f~~

~~Text proposed by the Commission~~

~~Amendment~~

(f) where contributions from industrial sources, ports or airports are to be assessed, at least 1 sampling point shall be installed downwind (from the main wind direction) of the source in the nearest residential area. Where the background concentration is not known, an additional sampling point shall be situated within the main wind direction. The sampling points shall be sited such that the application of BAT can be monitored;

~~Or. en~~

~~Amendment 156~~

~~Proposal for a directive~~

~~Annex IV – Part B – point 4 – table~~

~~Text proposed by the Commission~~

~~Type of sampling point~~

~~Objectives of measurement~~

~~Representativeness (1)~~

~~Macro-scale siting criteria~~

~~Urban background locations for ozone assessments~~

~~Protection of human health:~~

~~to assess the exposure of the urban population to ozone, i.e. where population density and ozone concentration are relatively high and representative of the exposure of the general population~~

~~1 to 10 km2~~

~~Away from the influence of local emissions such as traffic, petrol stations, etc.;~~

~~vented locations where well mixed levels can be measured;~~

locations such as residential and commercial areas of cities, parks (away from trees), wide streets or squares with very little or no traffic, open areas characteristic of educational, sports or recreation facilities.

~~Suburban locations for ozone assessments~~

~~Protection of human health and vegetation:~~

to assess the exposure of the population and vegetation located in the outskirts of the urban area, with the highest ozone levels to which the population and vegetation are likely to be directly or indirectly exposed.

~~10 to 100 km2~~

~~At a certain distance from the area of maximum emissions, downwind following the main wind direction/directions during conditions favourable to ozone formation;~~

~~where population, sensitive crops or natural ecosystems located in the outer fringe of an urban area are exposed to high ozone levels;~~

~~where appropriate, some suburban sampling points also upwind of the area of maximum emissions, in order to determine the regional background levels of ozone.~~

~~Rural locations for ozone assessments~~

~~Protection of human health and vegetation:~~

~~to assess the exposure of population, crops and natural ecosystems to sub-regional scale ozone concentrations.~~

~~Sub-regional levels~~

~~(100 to 1 000 km2)~~

~~Sampling points may be located in small settlements and/or areas with natural ecosystems, forests or crops;~~

~~representative for ozone away from the influence of immediate local emissions such as industrial sites and roads;~~

~~at open area sites, but not on summits of higher mountains~~

~~Rural background locations for ozone assessments~~

~~Protection of human health and vegetation:~~

~~to assess the exposure of crops and natural ecosystems to regional-scale ozone concentrations as well as exposure of the population.~~

~~Regional/national/continental levels~~

~~(1 000 to 10 000 km2)~~

~~Sampling points located in areas with lower population density, e.g. with natural ecosystems, forests, at a distance of at least 20 km from urban and industrial areas and away from local emissions;~~

~~avoid locations which are subject to locally enhanced formation of ground-near inversion conditions, also summits of higher mountains;~~

~~coastal sites with pronounced diurnal wind cycles of local character are not recommended.~~

~~(1) Sampling points shall, where possible, be representative of similar locations not in the immediate vicinity of the sampling points.~~

~~Amendment~~

~~Type of sampling point~~

~~Objectives of measurement~~

~~Representativeness (1)~~

~~Macro-scale siting criteria~~

~~Urban background locations for ozone assessments~~

~~Protection of human health:~~

~~to assess the exposure of the urban population to ozone, i.e. where population density and ozone concentration are relatively high and representative of the exposure of the general population~~

~~1 to 10 km2~~

~~Away from the influence of local emissions such as traffic, petrol stations, etc.;~~

~~vented locations where well mixed levels can be measured;~~

~~locations frequented by sensitive population and vulnerable groups, such as schools, playgrounds, hospitals and homes for elderly;~~

~~Suburban locations for ozone assessments~~

~~Protection of human health and vegetation:~~

~~10 to 100 km2~~

~~At a certain distance from the area of maximum emissions, downwind following the main wind direction/directions during conditions favourable to ozone formation;~~

~~locations frequented by sensitive population and vulnerable groups, such as schools, playgrounds, hospitals and homes for elderly;~~

~~where population, sensitive crops or natural ecosystems located in the outer fringe of an urban area are exposed to high ozone levels;~~

~~where appropriate, some suburban sampling points also upwind of the area of maximum emissions, in order to determine the regional background levels of ozone.~~

~~Rural locations for ozone assessments~~

~~Protection of human health and vegetation:~~

~~to assess the exposure of population, crops and natural ecosystems to sub-regional scale ozone concentrations.~~

~~Sub-regional levels~~

~~(100 to 1 000 km2)~~

~~Sampling points may be located in small settlements and/or areas with natural ecosystems, forests or crops;~~

~~locations frequented by sensitive population and vulnerable groups, such as schools, playgrounds, hospitals and homes for elderly;~~

~~representative for ozone away from the influence of immediate local emissions such as industrial sites and roads;~~

~~at open area sites, but not on summits of higher mountains~~

~~Rural background locations for ozone assessments~~

~~Protection of human health and vegetation:~~

~~to assess the exposure of crops and natural ecosystems to regional-scale ozone concentrations as well as exposure of the population.~~

~~Regional/national/continental levels~~

~~(1 000 to 10 000 km2)~~

~~avoid locations which are subject to locally enhanced formation of ground-near inversion conditions, also summits of higher mountains;~~

~~coastal sites with pronounced diurnal wind cycles of local character are not recommended.~~

~~(1) Sampling points shall, where possible, be representative of similar locations not in the immediate vicinity of the sampling points.~~

~~Or. en~~

~~Justification~~

Given that sensitive population and vulnerable groups are particularly susceptible to the adverse effects of elevated ozone concentrations even after brief exposures, the sampling points for ozone shall be positioned in locations frequented by sensitive population and vulnerable groups, such as schools, playgrounds, hospitals and homes for elderly.

~~Amendment 157~~

~~Proposal for a directive~~

~~Annex IV – Part C – paragraph 1 – point b~~

~~Text proposed by the Commission~~

~~Amendment~~

(b) in general, the sampling point inlet shall be between 0,5 m (the breathing zone) and 2 m above the ground. Higher siting (up to 4 m) may be appropriate if the sampling point is representative of a large area (a background location) or in other specific circumstances and any derogations shall be fully documented;

~~Or. en~~

~~Amendment 158~~

~~Proposal for a directive~~

~~Annex IV – Part C – paragraph 1 – point e~~

~~Text proposed by the Commission~~

~~Amendment~~

(e) for all pollutants, sampling probes shall be at least 25 m from the edge of major junctions and no more than 10 m from the kerbside; for the purposes of this point, a ‘kerbside’ means the line that separates motorised traffic from other areas; a ‘major junction’ means a junction which interrupts the traffic flow and causes different emissions (stop&go) from the rest of the road;

(e) for all pollutants, sampling probes shall be no more than 10 m from the kerbside; consideration shall be given to whether locating the sampling point at less than 25 m from the edge of major junctions would result in over- or under-estimating concentrations and lead to measuring a very small micro-environment that is not representative of levels along that road segment; for the purposes of this point, a ‘kerbside’ means the line that separates motorised traffic from other areas; a ‘major junction’ means a junction which interrupts the traffic flow and causes different emissions (stop&go) from the rest of the road;

~~Or. en~~

~~Amendment 159~~

~~Proposal for a directive~~

~~Annex IV – Part D – point 3~~

~~Text proposed by the Commission~~

~~Amendment~~

~~3. The documentations shall include any deviation from the micro-scale siting criteria, their underlying reasons and the likely impact on measured levels.~~

~~3. The documentations shall include evidence explaining the reasons for the network design, in particular:~~

~~(a) the reasons for the selection of locations representative of the highest levels of pollution in the zone or agglomeration for each pollutant;~~

~~(b) the reasons for the selection of locations representative of the general exposure of population; and~~

~~(c) any deviation from the micro-scale siting criteria, their underlying reasons and the likely impact on measured levels.~~

~~Or. en~~

~~Amendment 160~~

~~Proposal for a directive~~

~~Annex IV – Part D – point 4~~

~~Text proposed by the Commission~~

~~Amendment~~

4. Where indicative measurements, modelling or objective estimation, or a combination thereof are used within a zone, the documentation shall include details of these methods and information on how the criteria listed in Article 9(3) are met.

4. Where indicative measurements or modelling, or a combination thereof are used within a zone, the documentation shall include details of these methods and information on how the criteria listed in Article 9(3) are met.

~~Or. en~~

~~Amendment 161~~

~~Proposal for a directive~~

~~Annex IV – Part D – point 5~~

~~Text proposed by the Commission~~

~~Amendment~~

5. Where indicative measurements, modelling or objective estimation are used, competent authorities shall use gridded data reported under Directive (EU) 2016/2284 and emission information reported under Directive 2010/75/EU.

5. Where indicative measurements or modelling are used, competent authorities shall use gridded data reported under Directive (EU) 2016/2284 and emission information reported under Directive 2010/75/EU.

~~Or. en~~

~~Amendment 162~~

~~Proposal for a directive~~

~~Annex IV – Part D – point 9~~

~~Text proposed by the Commission~~

~~Amendment~~

9. At least every 5 years the selection criteria, network design and monitoring site locations, defined by the competent authorities in view of the requirements of this Annex, shall be reviewed to ensure they remain valid and optimal overtime. The review shall be supported at least by either modelling or indicative measurements. Where such a review reveals that the network design and monitoring site locations are not valid anymore (for instance, there is no fixed monitoring station in the area of modelled maximum levels), then the competent authority shall correct and update the network design within no more than one year.

~~Or. en~~

~~Amendment 163~~

~~Proposal for a directive~~

~~Annex IV – Part D – point 10 a (new)~~

~~Text proposed by the Commission~~

~~Amendment~~

10a. The competent authorities responsible for air quality assessment shall perform regular checks and maintenance of the ambient air quality monitoring stations to ensure that they continue to operate and to ensure the accuracy of measurements and reliability of instrumentation.

~~Or. en~~

~~Amendment 164~~

~~Proposal for a directive~~

~~Annex V – Part A – point 1 – table~~

~~Text proposed by the Commission~~

~~Air pollutant~~

~~Maximum uncertainty of fixed measurements~~

~~Maximum uncertainty of indicative measurements (1)~~

~~Maximum ratio of uncertainty of modelling and objective estimation over uncertainty of fixed measurements~~

~~Absolute value~~

~~Relative value~~

~~Absolute value~~

~~Relative value~~

~~Maximum ratio~~

~~PM2.5~~

~~3,0 μg/ m3~~

~~30 %~~

~~4,0 μg/m3~~

~~40 %~~

~~1,7~~

~~PM10~~

~~4,0 μg/ m3~~

~~20 %~~

~~6,0 μg/m3~~

~~30 %~~

~~1,3~~

~~NO2 / NOx~~

~~6,0 μg/ m3~~

~~30 %~~

~~8,0 μg/m3~~

~~40 %~~

~~1,4~~

~~Benzene~~

~~0,75 μg/ m3~~

~~25 %~~

~~1,2 μg/m3~~

~~35 %~~

~~1,7~~

~~Lead~~

~~0,125 μg/ m3~~

~~25 %~~

~~0,175 μg/m3~~

~~35 %~~

~~1,7~~

~~Arsenic~~

~~2,4 ng/ m3~~

~~40 %~~

~~3,0 ng/m3~~

~~50 %~~

~~1,1~~

~~Cadmium~~

~~2,0 ng/ m3~~

~~40 %~~

~~2,5 ng/m3~~

~~50 %~~

~~1,1~~

~~Nickel~~

~~8,0 ng/ m3~~

~~40 %~~

~~10,0 ng/m3~~

~~50 %~~

~~1,1~~

~~Benzo(a)pyrene~~

~~0,5 ng m3~~

~~50 %~~

~~0,6 ng/m3~~

~~60 %~~

~~1,1~~

(1) When using indicative measurements for other purposes other than compliance assessment, such as, but not only: design or review of the monitoring network, model calibration and validation, the uncertainty may be that established for modelling applications

~~Amendment~~

~~Air pollutant~~

~~Maximum uncertainty of fixed measurements~~

~~Maximum uncertainty of indicative measurements (1)~~

~~Maximum ratio of uncertainty of modelling over uncertainty of fixed measurements~~

~~Absolute value~~

~~Relative value~~

~~Absolute value~~

~~Relative value~~

~~Maximum ratio~~

~~PM2.5~~

~~1,25 μg m3~~

~~25 %~~

~~2,0 μg/ m3~~

~~40 %~~

~~1,7~~

~~PM10~~

~~3,0 μg/ m3~~

~~20 %~~

~~4,5 μg/ m3~~

~~30 %~~

~~1,3~~

~~NO2 / NOx~~

~~1,5 μg/ m3~~

~~15 %~~

~~2,5 μg/ m3~~

~~25 %~~

~~1,4~~

~~Benzene~~

~~0,0425 μg m3~~

~~25 %~~

~~0,05 μg/ m3~~

~~30 %~~

~~1,7~~

~~Lead~~

~~0,0375 μg/ m3~~

~~25 %~~

~~0,045 μg/ m3~~

~~30 %~~

~~1,7~~

~~Arsenic~~

~~0,26 ng/ m3~~

~~40 %~~

~~0,33 ng/ m3~~

~~50 %~~

~~1,1~~

~~Cadmium~~

~~2,0 ng/ m3~~

~~40 %~~

~~2,5 ng/ m3~~

~~50 %~~

~~1,1~~

~~Nickel~~

~~1,0 ng/ m3~~

~~40 %~~

~~1,25 ng/ m3~~

~~50 %~~

~~1,1~~

~~Benzo(a)pyrene~~

~~0,125 ng m3~~

~~50 %~~

~~0,15 ng/ m3~~

~~60 %~~

~~1,1~~

~~Or. en~~

~~Justification~~

While technologies for air quality monitoring are improving, the Commission proposal introduced wider margin of uncertainties compared to the current AAQD. The introduced changes are to bring the numbers in line with the current AAQD and with the amended limit values in Table 1 Section 1 of Annex I.

~~Amendment 165~~

~~Proposal for a directive~~

~~Annex V – Part A – point 2 – table~~

~~Text proposed by the Commission~~

~~Air pollutant~~

~~Maximum uncertainty of fixed measurements~~

~~Maximum uncertainty of indicative measurements (1)~~

~~Maximum ratio of uncertainty of modelling and objective estimation over uncertainty of fixed measurements~~

~~Absolute value~~

~~Relative value~~

~~Absolute value~~

~~Relative value~~

~~Maximum ratio~~

~~PM2.5 (24-hour)~~

~~6,3 μg/m3~~

~~25 %~~

~~8,8 μg/m3~~

~~35 %~~

~~2,5~~

~~PM10 (24-hour)~~

~~11,3 μg/m3~~

~~25 %~~

~~22,5 μg/m3~~

~~50 %~~

~~2,2~~

~~NO2 (daily)~~

~~7,5 μg/m3~~

~~15 %~~

~~12,5 μg/m3~~

~~25 %~~

~~3,2~~

~~NO2 (hourly)~~

~~30 μg/m3~~

~~15 %~~

~~50 μg/m3~~

~~25 %~~

~~3,2~~

~~SO2 (daily)~~

~~7,5 μg/m3~~

~~15 %~~

~~12,5 μg/m3~~

~~25 %~~

~~3,2~~

~~SO2 (hourly)~~

~~52,5 μg/m3~~

~~15 %~~

~~87,5 μg/m3~~

~~25 %~~

~~3,2~~

~~CO (24-hour)~~

~~0,6 mg/m3~~

~~15 %~~

~~1,0 mg/m3~~

~~25 %~~

~~3,2~~

~~CO (8-hour)~~

~~1,0 mg/m3~~

~~10 %~~

~~2,0 mg/m3~~

~~20 %~~

~~4,9~~

~~Ozone (peak season): uncertainty of the 8h values~~

~~10,5 μg/m3~~

~~15 %~~

~~17,5 μg/m3~~

~~25 %~~

~~1,7~~

~~Ozone (8h mean)~~

~~18 μg/m3~~

~~15 %~~

~~30 μg/m3~~

~~25 %~~

~~2,2~~

~~Amendment~~

~~Air pollutant~~

~~Maximum uncertainty of fixed measurements~~

~~Maximum uncertainty of indicative measurements (1)~~

~~Maximum uncertainty of modelling over uncertainty of fixed measurements~~

~~Absolute value~~

~~Relative value~~

~~Absolute value~~

~~Relative value~~

~~Maximum ratio~~

~~PM2.5 (24-hour)~~

~~3,75 μg/m3~~

~~25 %~~

~~5,25 μg/m3~~

~~35 %~~

~~2,5~~

~~PM10 (24-hour)~~

~~11,25 μg/m3~~

~~25 %~~

~~22,5 μg/m3~~

~~50 %~~

~~2,2~~

~~NO2 (daily)~~

~~3,75 μg/m3~~

~~15 %~~

~~6,25 μg/m3~~

~~25 %~~

~~3,2~~

~~NO2 (hourly)~~

~~30 μg/m3~~

~~15 %~~

~~50 μg/m3~~

~~25 %~~

~~3,2~~

~~SO2 (daily)~~

~~6,0 μg/m3~~

~~15 %~~

~~10,0 μg/m3~~

~~25 %~~

~~3,2~~

~~SO2 (hourly)~~

~~30,0 μg/m3~~

~~15 %~~

~~50,0 μg/m3~~

~~25 %~~

~~3,2~~

~~CO (24-hour)~~

~~0,6 mg/m3~~

~~15 %~~

~~1,0 mg/m3~~

~~25 %~~

~~3,2~~

~~CO (8-hour)~~

~~1,0 mg/m3~~

~~10 %~~

~~2,0 mg/m3~~

~~20 %~~

~~4,9~~

~~Ozone (peak season): uncertainty of the 8h values~~

~~9,0 μg/m3~~

~~15 %~~

~~15,0 μg/m3~~

~~25 %~~

~~1,7~~

~~Ozone (8h mean)~~

~~18 μg/m3~~

~~15 %~~

~~30 μg/m3~~

~~25 %~~

~~2,2~~

~~Or. en~~

~~Justification~~

~~The introduced changes are to bring the numbers in line with the amended limit values in Table 1 Section 1 of Annex I.~~

~~Amendment 166~~

~~Proposal for a directive~~

~~Annex V – Part A – point 2 – paragraph 3~~

~~Text proposed by the Commission~~

~~Amendment~~

The percentages for uncertainty in the tables in this Section apply for all limit values (and the ozone target value) that are calculated by simple averaging of individual measurements such as hourly mean, daily mean or yearly mean values without considering the additional uncertainty for the calculation of the number of exceedances. The uncertainty shall be interpreted as being applicable in the region of the appropriate limit values (or ozone target value). The uncertainty calculation does not apply to AOT40 and values that include more than 1 year, more than 1 station (e.g. AEI) or more than 1 component. They are also not applicable for information thresholds, alert thresholds and critical levels for the protection of vegetation and natural ecosystems.

The percentages for uncertainty in the tables in this Section apply for all limit values (and the ozone target value) that are calculated by simple averaging of individual measurements such as hourly mean, daily mean or yearly mean values without considering the additional uncertainty for the calculation of the number of exceedances. Levels below 5 for PM2.5 and 10 for NO2, respectively, shall be allowed to have percentages for uncertainty of 30 %. The uncertainty shall be interpreted as being applicable in the region of the appropriate limit values (or ozone target value). The uncertainty calculation does not apply to AOT40 and values that include more than 1 year, more than 1 station (e.g. AEI) or more than 1 component. They are also not applicable for information thresholds, alert thresholds and critical levels for the protection of vegetation and natural ecosystems.

~~Or. en~~

~~Amendment 167~~

~~Proposal for a directive~~

~~Annex V – Part A – point 2 – paragraph 9~~

~~Text proposed by the Commission~~

~~Amendment~~

~~Where an air quality model is used for assessment, references to descriptions of the model and information on the calculation of the modelling quality objective shall be compiled.~~

Where an air quality model is used for assessment, references to descriptions of the model, including the spatial resolution of the model itself and source-specific input data and information on the calculation of the modelling quality objective shall be compiled.

~~Or. en~~

~~Amendment 168~~

~~Proposal for a directive~~

~~Annex V – Part A – point 2 – paragraph 10~~

~~Text proposed by the Commission~~

~~Amendment~~

The uncertainty of objective estimation shall not exceed the uncertainty for indicative measurements by more than the applicable maximum ratio and shall not exceed 85%. The uncertainty for objective estimation is defined as the maximum deviation of the measured and calculated concentration levels, over the period considered, by the limit value (or ozone target value), without taking into account the timing of the events.

~~deleted~~

~~Or. en~~

~~Amendment 169~~

~~Proposal for a directive~~

~~Annex V – Part C – paragraph 1~~

~~Text proposed by the Commission~~

~~Amendment~~

An assessment of compliance with the relevant limit and ozone target value shall be carried out regardless of whether the data quality objectives are achieved, provided the available data allows for a conclusive assessment. In cases relating to the short-term limit and ozone target values, measurements that only cover a fraction of the calendar year, and that have not delivered sufficient valid data as required by Point B, may still constitute non-compliance. Where this is the case, and there are no clear grounds to doubt the quality of the valid data acquired, this shall be considered an exceedance of the limit or target value and be reported as such.

An assessment of compliance with the relevant limit value shall be carried out regardless of whether the data quality objectives are achieved, provided the available data allows for a conclusive assessment. In cases relating to the short-term limit values, measurements that only cover a fraction of the calendar year, and that have not delivered sufficient valid data as required by Point B, may still constitute non-compliance. Where this is the case, and there are no clear grounds to doubt the quality of the valid data acquired, this shall be considered an exceedance of the limit and be reported as such.

~~Or. en~~

~~Amendment 170~~

~~Proposal for a directive~~

~~Annex V – Part D – paragraph 1 – introductory part~~

~~Text proposed by the Commission~~

~~Amendment~~

~~The following information shall be compiled for zones where air quality modelling or objective estimation is used:~~

~~The following information shall be compiled for zones where air quality modelling is used:~~

~~Or. en~~

~~Amendment 171~~

~~Proposal for a directive~~

~~Annex V – Part D – paragraph 1 – point d~~

~~Text proposed by the Commission~~

~~Amendment~~

(d) a description of results, including uncertainties and, in particular, the extent of any area or, if relevant, the length of road within the zone over which concentrations exceed any limit value, ozone target value or long-term objective, and of any area within which concentrations exceed the assessment threshold,

(d) a description of results, including uncertainties and, in particular, the extent of any area or, if relevant, the length of road within the zone over which concentrations exceed any limit value or long-term objective, and of any area within which concentrations exceed the assessment threshold,

~~Or. en~~

~~Amendment 172~~

~~Proposal for a directive~~

~~Annex V – Part F – point 1 a (new)~~

~~Text proposed by the Commission~~

~~Amendment~~

~~1a. The Commission shall provide clear guidance and requirements for the use of air quality models, working towards harmonisation.~~

~~Or. en~~

~~Amendment 173~~

~~Proposal for a directive~~

~~Annex VIII – Part A – point 3 a (new)~~

~~Text proposed by the Commission~~

~~Amendment~~

~~3a. Nature and assessment of pollution and health effects~~

~~(a) the concentrations observed or recorded in previous years, before implementation of the air quality plan to be adopted or updated started;~~

~~(b) in the event of an updated air quality plan, concentrations measured since the beginning of the implementation of the measures set out in the air quality plan being updated;~~

(c) assessment of health effects related to the exposure of the population to measured concentrations, including assessment of mortality and morbidity from both acute and chronic health effects on both the general population and sensitive population and vulnerable groups;

~~(d) techniques used for the assessment of air pollution, exposure and health effects.~~

~~Or. en~~

~~Amendment 174~~

~~Proposal for a directive~~

~~Annex VIII – Part A – point 4 a (new)~~

~~Text proposed by the Commission~~

~~Amendment~~

~~4a. Identification of effective pollution abatement measures~~

(a) information on all possible air pollution abatement measures that could be adopted at appropriate local, regional or national level to contribute to the attainment of air quality objectives, including at least the pollution abatement measures listed under Point B;

(b) assessment of the emission reduction potential and projected impact on reducing concentrations resulting from the implementation of each of the possible pollution abatement measures identified, bothindividual and combined impacts, including the method of analysis and the associated uncertainties in line with the methodology described under Point C.

~~Or. en~~

~~Amendment 175~~

~~Proposal for a directive~~

~~Annex VIII – Part A – point 4 b (new)~~

~~Text proposed by the Commission~~

~~Amendment~~

~~4b. Baseline scenario~~

~~(a) a description of existing air pollution abatement measures at local, regional, national and international level, including up-to-date information on the status and timetable of implementation;~~

~~(b) information concerning the status of implementation of the Directives referred to in Point B, point 1;~~

~~(c) observed effects of these measures in addressing the factors responsible for the exceedance (emission reductions achieved and related concentration reductions);~~

~~(d) a projected further evolution of air quality, both emissions and concentrations, assuming no change to already adopted measures (baseline scenario), covering all years until the attainment date;~~

~~(e) an estimate of health effects related to the exposure of the population to air pollution in the baseline scenario;~~

~~(f) a description of the method of analysis for the projections and the associated uncertainties in line with the methodology described under Point C.~~

~~Or. en~~

~~Amendment 176~~

~~Proposal for a directive~~

~~Annex VIII – Part A – point 5 – introductory part~~

~~Text proposed by the Commission~~

~~Amendment~~

~~5. Expected impact of measures to reach compliance within 3 years after adoption of the air quality plan~~

~~5. Expected impact of measures to reach compliance in the shortest time possible and, at the latest, within 3 years after the end of the year in which the first exceedance was recorded.~~

~~Or. en~~

~~Amendment 177~~

~~Proposal for a directive~~

~~Annex VIII – Part A – point 5 – point b a (new)~~

~~Text proposed by the Commission~~

~~Amendment~~

(ba) for air quality plans under Article 19(2), detailed reasons to explain how the plan sets out all appropriate measures, so that the exceedance period can be kept as short as possible, including the following:

~~Or. en~~

~~Amendment 178~~

~~Proposal for a directive~~

~~Annex VIII – Part A – point 7 a (new)~~

~~Text proposed by the Commission~~

~~Amendment~~

7a. Annex 2a: A summary of the public information and consultation measures undertaken pursuant to Article 19(6), their results and an explanation of how these results were taken into account in the final plan.

~~Or. en~~

~~Amendment 179~~

~~Proposal for a directive~~

~~Annex VIII – Part B – point 2 – introductory part~~

~~Text proposed by the Commission~~

~~Amendment~~

2. When preparing air quality plans, Member States shall consider at least the following air pollution abatement measures at local, regional or national level for implementation in connection with the attainment of air quality objectives:

~~Or. en~~

~~Amendment 180~~

~~Proposal for a directive~~

~~Annex VIII – Part B – point 2 – point a~~

~~Text proposed by the Commission~~

~~Amendment~~

(a) reduction of emissions from stationary sources by ensuring that polluting small and medium-sized stationary combustion sources (including for biomass) are fitted with emission control equipment or replaced, and that the energy efficiency of buildings is improved;

(a) reduction of emissions from stationary sources by ensuring that polluting small and medium-sized stationary combustion sources (including coal, biomass and gas stoves and boilers) are fitted with emission control equipment, and progressively phased-out and replaced by zero-emission alternatives, and that the energy efficiency of buildings is improved;

~~Or. en~~

~~Amendment 181~~

~~Proposal for a directive~~

~~Annex VIII – Part B – point 2 – point c~~

~~Text proposed by the Commission~~

~~Amendment~~

~~(c) procurement by public authorities, in line with the handbook on environmental public procurement, of zero emissions road vehicles, fuels and combustion equipment to reduce emissions;~~

~~(c) procurement by public authorities, in line with the handbook on environmental public procurement, of zero-emission vehicles;~~

~~Or. en~~

~~Amendment 182~~

~~Proposal for a directive~~

~~Annex VIII – Part B – point 2 – point d~~

~~Text proposed by the Commission~~

~~Amendment~~

~~(d) measures to limit transport emissions through traffic planning and management, including at least:~~

~~(i) congestion pricing;~~

~~(ii) parking fees on all public land or other economic incentives to reduce unnecessary mobility by car and with differentiated fees for polluting and zero-emission vehicles;~~

~~(iii) establishing urban vehicles access restrictions schemes, including low emission zones in line with the most recent Euro standard, and zero-emission zones;~~

~~(iv) establishing low-traffic neighbourhoods;~~

~~(v) introducing speed limits of 30 km per hour;~~

~~(vi) ‘last mile’ zero (exhaust) emission delivery arrangements;~~

~~(vii) promoting car sharing and carpooling.~~

~~Or. en~~

~~Amendment 183~~

~~Proposal for a directive~~

~~Annex VIII – Part B – point 2 – point e~~

~~Text proposed by the Commission~~

~~Amendment~~

~~(e) measures to encourage a shift towards less polluting forms of transport;~~

~~(e) measures to encourage a modal shift from private vehicles towards active mobility and less polluting forms of transport (e.g. walking, cycling, public transport), including at least:~~

~~(i) strengthening the public transport network;~~

~~(ii) reducing the cost of public transport or eliminating it altogether for certain sectors of the population;~~

~~(iii) improving the infrastructure to create more space for people to walk and cycle safely;~~

~~(iv) economic incentives for the purchase of active and shared mobility solutions (e.g. bikes, e-bikes, e-scooters);~~

~~(v) scrappage schemes for the most polluting vehicles;~~

~~Or. en~~

~~Amendment 184~~

~~Proposal for a directive~~

~~Annex VIII – Part B – point 2 – point g~~

~~Text proposed by the Commission~~

~~Amendment~~

~~(g) measure to ensure that low emission fuels are given preference in small-, medium- and large-scale stationary sources and in mobile sources;~~

(g) requiring the use of best available technologies to eliminate or, where it is not possible to eliminate, to reduce as much as possible emissions from small-, medium- and large-scale stationary sources and in mobile sources;

~~Or. en~~

~~Amendment 185~~

~~Proposal for a directive~~

~~Annex VIII – Part B – point 2 – point h a (new)~~

~~Text proposed by the Commission~~

~~Amendment~~

(ha) measures to reduce air pollution in hotspots, including in ports, establishing specific requirements for moored ships, boats and port traffic, while speeding-up on-shore power and electrification of ships and port working machinery;

~~Or. en~~

~~Amendment 186~~

~~Proposal for a directive~~

~~Annex VIII – Part B – point 2 – point h b (new)~~

~~Text proposed by the Commission~~

~~Amendment~~

(hb) measures to reduce emissions from agriculture, including nitrogen management systems, taking into account the whole nitrogen cycle, livestock feeding strategies, low-emission manure spreading techniques, low-emission manure storage systems, low-emission animal housing systems, the reduction of animal number; while taking into account the upcoming revised UNECE Framework Code for Good Agricultural Practice for Reducing Ammonia Emissions;

~~Or. en~~

~~Amendment 187~~

~~Proposal for a directive~~

~~Annex VIII – Part B – point 2 – point i~~

~~Text proposed by the Commission~~

~~Amendment~~

~~(i) measures to protect the health of children or other sensitive population groups.~~

(i) measures to protect the health of children, such as school streets with limited or no access for cars, and measures to protect the health of other sensitive population and vulnerable groups, including pregnant women and people living with asthma or other respiratory or cardio-vascular conditions.

~~Or. en~~

~~Amendment 188~~

~~Proposal for a directive~~

~~Annex VIII – Part B a (new)~~

~~Text proposed by the Commission~~

~~Amendment~~

~~Ba Guidance and minimum requirements for analysing the projected impact of air quality plans and pollution abatement measures~~

1. Member States shall rely on objective and rigorous methods to assess the projected impact of air quality plans and pollution abatement measures. When relying on projected impacts of pollution abatement measures for the delivery of compliance with air quality objectives, those projected impacts must not be only possible, but likely with a high degree of certainty.

~~2. Air quality plans shall contain enough information in sufficient detail in order to justify the impact assessment, including:~~

~~(a) a description of the method used for forecasting the evolution of air quality;~~

(b) an explanation of whether the projections are based on objective data or on assumptions; when relying on assumptions, a sensitivity analysis to explain best case, most likely and worst case scenarios;

~~(c) background documents and information used for the assessment;~~

~~(d) a detailed assessment of the individual impact of each air pollution abatement measure on emission reductions and related concentration reductions and the relevant assumptions;~~

~~(e) a detailed assessment of the combined impact of the air pollution abatement measures included in the plan on emission reductions and related concentration reductions and the relevant assumptions.~~

3. The impact assessment shall only include pollution abatement measures that are certain to be adopted and implemented. Measures which fall under the responsibility of other levels of governance shall only be included where the relevant authority has formally committed to implement such measures.

4. The impact assessment shall include the margin of uncertainty of the projections, and the margin of confidence on factors, such as the real world emissions of vehicles or stoves, or the uncertainty about the impact of voluntary measures aiming at pushing behaviour changes.

5. In line with the obligation to achieve compliance in the shortest time possible, when modelling future scenarios, whenever the projections extend beyond three years, the results shall be shown for each year of the projected period.

6. Sensitivity scenarios shall be included, describing the upper and lower confidence intervals in light of possible variations in the different assumptions and description of the best-case, most likely and worst-case scenarios.

~~Or. en~~

~~Amendment 189~~

~~Proposal for a directive~~

~~Annex VIII a (new)~~

~~Text proposed by the Commission~~

~~Amendment~~

~~ANNEX VIIIa~~

~~EMERGENCY MEASURES TO BE CONSIDERED FOR INCLUSION IN THE SHORT-TERM ACTION PLANS REQUIRED UNDER ARTICLE 20~~

~~1. Measures aimed at addressing the sources which contribute to the risk of the respective limit values or target values or alert threshold being exceeded:~~

~~(a) restricting the circulation of private vehicles;~~

~~(b) temporary free public transportation;~~

~~(c) implementing stricter emission limits or suspending the operation of industrial facilities, or both;~~

~~(d) suspending operations at construction works;~~

~~(e) restricting the use of solid fuels for domestic heating.~~

~~2. Measures aimed at protecting sensitive population and vulnerable groups, including children:~~

~~(a) permitting or mandating remote working;~~

~~(b) closing nurseries and elementary schools;~~

~~(c) introducing driving restrictions around nurseries and elementary schools.~~

3. Proactive steps to provide specific air pollution, health and health protection information both to the general public and to sensitive population and vulnerable groups, as soon as exceedances of information and alert thresholds and of limit values and target values are projected:

~~(a) including air quality forecasts in weather forecasts on television and radio;~~

~~(b) informing environmental organisations, consumer organisations, organisations representing the interests of sensitive population and vulnerable groups and other relevant health-care bodies;~~

~~(c) disseminating information on impacts of air pollution levels forecasted or registered on human health to the general population and sensitive population and vulnerable groups;~~

~~(d) disseminating information on steps that people can personally take to diminish their exposure and protect themselves;~~

~~(e) using mobile phone applications and social media to disseminate live information and forecasts on air quality.~~

~~Or. en~~

~~Amendment 190~~

~~Proposal for a directive~~

~~Annex IX – point 1 – point e~~

~~Text proposed by the Commission~~

~~Amendment~~

~~(e) information on preventive actions to reduce pollution and exposure to it: indication of main source sectors; recommendations for actions to reduce emissions;~~

~~(e) information on preventive actions to reduce pollution and exposure to it: indication of main source sectors; recommendations for actions to reduce emissions both for individuals and organisations;~~

~~Or. en~~

~~Amendment 191~~

~~Proposal for a directive~~

~~Annex IX – point 3~~

~~Text proposed by the Commission~~

~~Amendment~~

3. When an exceedance occur or when there is a risk of exceedance of any limit value, ozone target value, average exposure reduction obligation, alert thresholds or information thresholds, Member States shall ensure that the information referred to in this Annex is additionally promoted to the public.

3. When an exceedance occur or when there is a risk of exceedance of any limit value, average exposure reduction obligation, alert thresholds or information thresholds, Member States shall ensure that the information referred to in this Annex is additionally promoted to the public.

~~Or. en~~

~~EXPLANATORY STATEMENT~~

~~1. INTRODUCTION~~

According to the World Health Organization (WHO), air pollution is the biggest environmental threat to human health, causing an estimated 300 000 premature deaths per year in the EU alone. The European Environment Agency (EEA) has identified the most harmful pollutants to human health in Europe to be particulate matter (PM), nitrogen dioxide (NO₂) and ground-level ozone (O₃). Fine particulate matter (PM₂.₅) alone was responsible of 238 000 premature deaths in the EU-27 in 2020.

Scientific evidence shows that there is no safe threshold for the exposure to pollutants. These substances can have significant impact on our health, leading to debilitating diseases and causing conditions such as asthma, cardiovascular diseases, chronic obstructive pulmonary disease, pneumonia, stroke, diabetes, lung cancer and dementia. Although everyone is affected by air pollution, certain groups are especially sensitive and vulnerable and more likely to experience adverse health effects, including those with specific pre-existing health conditions, pregnant women, newborns, children, the elderly, people living with disabilities or people living in poverty.

Air pollution also has a significant impact on terrestrial and aquatic ecosystems. Acid deposition, resulting from the emissions of SO₂ and NOx, can cause acidification of soil and water, which can negatively affect plant growth and aquatic life. Elevated levels of O₃ can damage agricultural crops, forest and plants by reducing growth rates, lowering yields, and by affecting biodiversity and ecosystem services. Pollution can also lead to eutrophication, where excess nutrients, such as nitrogen and phosphorus, in the air or water lead to excessive growth of algae and reduce oxygen availability.

Air pollutants come from a wide range of sources, from anthropogenic, natural or mixed origin. Emissions from human activities are the primary sources of air pollution in Europe, and are generated by a variety of sectors across the economy: PM is emitted mainly by heating, industry and transport; oxides of nitrogen (NOx) and NO₂ are emitted by transport and energy production; most of sulphur oxide (SOx) emissions come from energy production and non-road transport; almost all ammonia (NH₃) emissions come from agriculture. The transport sector is one of the major contributors to air pollution, particularly in urban areas.

Although there is a downward trend in the emissions of all key pollutants in the EU-27, with the exception of NH₃, air pollution is still a significant burden and most of the European cities exceed the WHO's recommended limits for human health. According to the EEA, in 2020, 96% of the EU urban population exposed to PM₂.₅ concentrations above the WHO guidelines, 95% for O₃ and 89% for NO₂.

~~2. AIR QUALITY AND EU POLICIES~~

The EU has a long history of implementing air quality legislation. Starting with the first air quality directive in 1980, the EU has continued to introduce new and more stringent legislation over the years.

The current EU policy framework on air quality is based on three main pillars. The first one is composed by the Ambient Air Quality Directives (AAQ Directives), setting air quality standards and defining common methods for its monitoring and assessment. The second comprises the Directive on the reduction on national emissions of certain atmospheric pollutants (NEC Directive), which sets binding emission reduction targets for Member States (MS) on key pollutants and their precursors. The third pillar groups several EU legislative acts regulating air pollution from specific sources in sectors such as road transport, industry or domestic heating.

As part of the European Green Deal, the Zero Pollution Action Plan was presented in 2021, which comprises a series of measures to reduce pollution across the EU, including in air, water, and soil. The plan aims to set stricter pollution limits, promote cleaner technologies, and create a framework for addressing pollution challenges in a more coordinated and integrated way. It also focuses on reducing exposure to pollutants and its impact on ecosystems, establishing targets for 2030, such as to reduce by more than 55% the health impacts (premature deaths) of air pollution and to reduce by 25% the EU ecosystems where air pollution threatens biodiversity.

~~The revision of the AAQ Directives is one of key actions of the Zero Pollution Action Plan.~~

~~3. REVISION OF THE AMBIENT AIR QUALITY DIRECTIVES~~

The current AAQ Directives are based on air quality standards that are 15 to 20 years old. The Rapporteur welcomes the timely proposal of the European Commission (EC) to revise the AAQ Directives, that represents a substantial improvement from the current ones, covering some of the findings from their Fitness Check of the AAQ Directives and also including some of the requests made by the European Parliament in the resolution on the implementation of the AAQ Directives.

The Rapporteur considers that the EC proposal has some positive aspects, such as the merging of the two Directives into one to clarify and simplify the rules, the introduction of a regular review mechanism of the air quality standards in line with the latest scientific evidence, the creation of monitoring supersites to control “emerging” pollutants, or the introduction of new provisions on access to justice and compensation.

The current revision of the AAQ Directives constitutes a once in a generation opportunity for the public and the planetary health, therefore the Rapporteur suggests changes in some key areas in order to increase the level of ambition and re-inforce the proposal.

~~3.1. Level of ambition~~

The WHO published their new air quality guidelines in 2021, following a systematic review of the latest scientific evidence on health effects of air pollution. According to the Impact Assessment that accompanies the EC proposal, the net benefits of aligning the EU limit values to the current WHO AQ Guidelines would amount to more than EUR 38 billion and the corresponding mitigation costs estimated are EUR 7 billion in 2030. Air pollution is among the most important causes of cancer, in particular lung cancer. Stricter air quality standards would also contribute to the objectives of Europe´s Beating Cancer Plan, published in December 2021.

For these reasons, the Rapporteur proposes a full alignment of EU limit values with the 2021 WHO Air Quality Guidelines by 2030. The text is also strengthened with the inclusion of explicit references to the UN General Assembly resolution on the human right to a clean, healthy and sustainable environment and the individual right to a clean and healthy air as a direct implementation of the EU Charter of Fundamental Rights.

Although the new “regular review” mechanism introduced in Art. 3 of the proposal is an improvement, the Rapporteur believes it is important to clarify that any further proposal should comply with the “non-regression principle” to avoid a step backwards in the protection of human health in the future.

Given that sensitive populations and vulnerable groups bear a disproportionate burden, the Rapporteur thinks it is important to protect them better from the impact of air pollution. For that reason, information thresholds have been added for SO₂, NOx and PM. The public should be informed about levels of pollution in the air that may affect them, so that they can take measures to protect themselves, before the alert thresholds, which require public authorities to take urgent steps, are activated.

~~3.2. Assessment of air pollution~~

Poor air quality is a contributing factor to health inequalities, thus threatening equity inside and across MS. To guarantee equal protection for all, it is important that air quality is measured in the appropriate locations and from all emission sources. The EC Proposal allows to assess the average exposure indicator (AEI) on a very small number of sampling points based on urban background locations, which would result in an estimate of exposure that does not reflect real exposure of inhabitants. For that reason, the Rapporteur suggests to improve and clarify definitions of monitoring sites, in line with scientific knowledge, including new definitions for “traffic location”, “industrial location” and “residential location” and to require the assessment of the AEI from all sampling points.

The Rapporteur also proposes to set a smaller geographical area for the assessment of AEI and the average exposure reduction obligation. The currently proposed NUTS 1 is too large to detect relevant exposure disparities. Establishing the assessment at NUTS 2 rather than NUTS 1 level would reduce the chance that significant parts of the population are still exposed to levels close to the limit value even when the exposure reduction objectives are met. NUTS 2 areas correspond to administrative areas in MS, which would facilitate the authorities the compliance to average exposure reduction obligation.

~~3.3. Air Quality Plans and enforcement~~

Air Quality Plans (AQPs) are the cornerstone of the AAQ Directive, as they are key for compliance and enforcement. AQPs are required to be developed and updated to improve air quality in those zones where exceedances occur. The current proposal also introduces the requirement for MS to prepare an AQP ahead of 2030, setting out measures and policies to comply with the new air quality standards.

The Rapporteur believes it is necessary to clarify the distinction between plans that need to be adopted before or after the attainment deadline, which is why a definition of “Preparatory Air Quality Plan” has been proposed. The Rapporteur also suggests to introduce an earlier transposition date for the provisions on adoption of Preparatory AQPs. This change would enable MS to make a more rational use of their resources and start implementing policies well in advance to achieve compliance with the new air quality standards by 2030 at the latest.

The Rapporteur believes it is necessary to introduce changes to Art. 19 and Annex VIII on AQPs, to ensure that competent authorities consider and assess the potential impact of all relevant air pollution abatement measures and not only a few policies that have already been pre-selected without scientific evidence. The suggested amendments would require competent authorities to consider all effective pollution abatement measures, while respecting the principle of subsidiarity.

~~3.4. Public information~~

As reported by the European Court of Auditors, public information on air quality in the EU is scarce, unclear and hard to find. There are considerable differences in the design of air quality indices across Europe, leading to divergent assessments for the same air quality levels, and therefore reduced credibility. In this light, the Rapporteur believes it is necessary to introduce a requirement in the AAQ Directive to guarantee the harmonisation of air quality indices across all MS.

~~ANNEX: LIST OF ENTITIES OR PERSONS FROM WHOM THE RAPPORTEUR HAS RECEIVED INPUT~~

The following list is drawn up on a purely voluntary basis under the exclusive responsibility of the rapporteur. The rapporteur has received input from the following entities or persons in the preparation of the draft report:

~~Entity and/or person~~

~~Air Pollution & Climate Secretariat (AirClim)~~

~~All Policies for a Healthy Europe Coalition~~

~~Association Internationale de la Mutualité (AIM)~~

~~Belgian Federation of Independent Health Insurance Funds (MLOZ)~~

~~Clean Air Fund~~

~~ClientEarth~~

~~Ecologistas en Acción~~

~~Eurocities~~

~~European Cancer Patient Coalition~~

~~European Commission, DG Environment~~

~~European Environmental Agency (EEA)~~

~~European Environmental Bureau~~

~~European Federation for Transport and Environment (T&E)~~

~~European Federation of Allergy and Airways Diseases Patients' Associations (EFA)~~

~~European Public Health Alliance (EPHA)~~

~~European Respiratory Society (ERS)~~

~~Exodraft~~

~~Generalitat de Catalunya~~

~~Health and Environment Alliance (HEAL)~~

~~International Society for Environmental Epidemiology (ISEE)~~

~~ISGlobal~~

~~Ministry for the Ecological Transition and the Demographic Challenge of Spain (MITECO)~~

~~Permanent Representation of Spain to the EU~~

~~Regione Lombardia~~

~~Standing Committee of European Doctors (CPME)~~

~~Suez~~

~~World Health Organization (WHO)~~