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

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

ENVI-PR-742410

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

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Written by a language model from the full text only; every figure comes from the text. The paragraph links open the paragraph a statement rests on — check the text itself before relying on it.

This is the rapporteur's draft report on the Commission proposal for a directive on ambient air quality and cleaner air for Europe (recast). It proposes amendments to align EU air quality standards fully with the 2021 WHO Air Quality Guidelines by 2030. The draft turns the ozone target value into a limit value, adds information thresholds for several pollutants, and requires monitoring of ultrafine particles and other emerging pollutants. It strengthens rules on air quality plans, including new preparatory plans ahead of 2030, and requires Member States to assess all effective pollution abatement measures. It introduces provisions on access to justice, compensation for health damage, and harmonised air quality indices across the EU.

Committee position. The rapporteur proposes to amend the Commission proposal to increase ambition, notably by fully aligning EU limit values with the 2021 WHO Air Quality Guidelines by 2030, strengthening monitoring and air quality plans, and reinforcing public information and access to justice.

Key points

  1. The draft aligns EU air quality standards with the most up-to-date WHO Air Quality Guidelines, with a zero pollution objective by 2050 at the latest.
  2. It transforms the ozone target value for human health into a limit value and the ozone target value for the environment into a critical level.
  3. It adds information thresholds for sulphur dioxide, nitrogen dioxide, PM10 and PM2.5, in addition to ozone, and requires public information when thresholds are exceeded.
  4. It requires monitoring of ultrafine particles, black carbon, ammonia and other emerging pollutants, and sets rules for monitoring supersites.
  5. It introduces new definitions for traffic, industrial and residential locations and requires the average exposure indicator to be assessed from all sampling points at NUTS 2 level.
  6. It requires Member States to establish preparatory air quality plans ahead of 2030 and to update air quality plans when exceedances persist.
  7. It requires air quality plans to consider all effective pollution abatement measures, including measures on transport, heating, industry and agriculture.
  8. It allows postponement of compliance deadlines by a maximum of 3 years under strict conditions, including measures to protect sensitive groups.
  9. It requires Member States to establish a harmonised air quality index and to provide detailed health risk information, including for sensitive groups.
  10. It strengthens access to justice for the public and introduces a right to compensation for health damage caused by violations of the directive.
  11. It sets a limitation period of not less than 10 years for compensation claims and lists types of infringements subject to penalties.
  12. It requires Member States to transpose most provisions within 18 months and the provisions on air quality plans within 3 months.

Who is affected

  • Member States, which must meet stricter air quality standards, monitor pollutants and adopt air quality plans.
  • Sensitive population and vulnerable groups, who receive specific protection and information under the amended rules.
  • Competent authorities, which must ensure monitoring, public information and enforcement.
  • The Commission, which must review evidence, facilitate plans and adopt guidance.

Figures and deadlines

  • Zero pollution objective to be achieved at the latest by 2050.
  • Limit values to be met by the year 2030 at the latest.
  • Postponement of compliance deadline by a maximum of 3 years.
  • Air quality plans to be established no later than 2 years after the exceedance was recorded.
  • Exceedance period to be kept as short as possible and no longer than 3 years from the end of the calendar year in which the first exceedance was recorded.
  • Limitation period for compensation claims not less than 10 years.
  • Transposition deadline of 18 months after entry into force for most provisions.
  • Transposition deadline of 3 months after entry into force for provisions on air quality plans.

Legal basis: Article 192 of the Treaty on the Functioning of the European Union.