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

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

A-9-2023-0233

Committee on the Environment, Public Health and Food Safety · Rapporteur: Javi López

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Parliament's amended version of the Commission proposal for a directive on ambient air quality and cleaner air for Europe (recast) sets new air quality standards to be met by 2030 and regularly reviewed thereafter. It requires Member States to prepare air quality roadmaps ahead of the 2030 deadline and air quality plans where limit values, ozone target values or average exposure reduction obligations are exceeded. It adds monitoring of pollutants such as ultrafine particles, black carbon, ammonia and mercury, and requires a harmonised hourly air quality index across the Union. It gives the public access to justice and compensation for damage to human health caused by violations of the directive.

Committee position. The Committee on the Environment, Public Health and Food Safety proposes to amend the Commission proposal to align EU air quality standards with the 2021 WHO Air Quality Guidelines by 2030, strengthen monitoring and public information, introduce air quality roadmaps, and reinforce access to justice and compensation.

Key points

  1. The directive sets limit values, target values, average exposure reduction obligations, average exposure concentration objectives, critical levels, information thresholds and alert thresholds to be met as soon as possible and by 2030 at the latest.
  2. The Commission must review the scientific evidence by 31 December 2028 and every 5 years thereafter, and may propose revised air quality standards in line with the non-regression principle.
  3. In the first review by 31 December 2028, the Commission must propose limit values, target values or critical levels for pollutants measured at monitoring supersites but not yet in Annex I, and assess converting the ozone target value into a limit value.
  4. Member States must establish at least one monitoring supersite per 2 million inhabitants at an urban background location, and monitor ultrafine particles, black carbon, ammonia and mercury.
  5. Member States must establish an air quality roadmap for each pollutant above a 2030 limit or target value, no later than 2 years after the exceedance was recorded.
  6. Where limit values, ozone target values or average exposure reduction obligations are exceeded, Member States must establish air quality plans with measures to keep exceedance periods as short as possible.
  7. Air quality plans and roadmaps must include measures to protect sensitive population and vulnerable groups, and must be consulted on with the public and stakeholders.
  8. Member States must set up an hourly updated air quality index comparable across the Union, accompanied by information on health risks for each pollutant.
  9. The public concerned must have access to a review procedure before a court or other independent body to challenge decisions, acts or omissions on zone classification, sampling point location, air quality plans and roadmaps, and short-term action plans.
  10. Natural persons who suffer damage to human health from violations of the directive are entitled to compensation, with a rebuttable presumption of causal link and limitation periods of not less than 10 years.
  11. Member States must bring into force laws to comply with most provisions within 18 months of entry into force, and with Article 19 within 3 months.

Who is affected

  • Member States, which must meet new air quality standards by 2030, prepare roadmaps and plans, and monitor more pollutants.
  • Sensitive population and vulnerable groups, who must be informed and protected, with specific measures in plans and public information.
  • The Commission, which must review scientific evidence, propose new standards and adopt delegated acts on the air quality index and penalties.
  • Natural persons and non-governmental organisations, who gain rights to compensation and access to justice for violations of the directive.

Figures and deadlines

  • Annual direct costs of complying with policy scenarios are between EUR 3,3 billion and EUR 7 billion, with monetised health and environmental benefits between EUR 36 billion and EUR 130 billion in 2030.
  • Agriculture accounts for around 93 % of total ammonia emissions in the Union, and about 54 % of total methane emissions.
  • Air pollution from maritime transport leads to over 50 000 premature deaths annually in the Union.
  • The first review of air quality standards must be carried out by 31/12/2028.
  • The average exposure reduction obligation for PM2.5 and NO2 is 25% lower than the average exposure indicator was 7 years before.
  • At least one monitoring supersite per 2 million inhabitants must be established at an urban background location.
  • Additional fixed measurements must be installed within 6 months after an exceedance is recorded and used for at least 1 calendar year.
  • Limitation periods for bringing actions for compensation must be not less than 10 years.

Legal basis: Article 294(2) and Article 192 of the Treaty on the Functioning of the European Union.