68 Amendments of Jens GIESEKE related to 2022/0347(COD)
Amendment 218 #
Proposal for a directive
Recital 7
Recital 7
(7) The Commission should regularly review the scientific evidence related to pollutants, their effects on human health and the environment and technological development. To cost-effectively mitigate emissions of air pollutants, best available technologies should be included. 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.
Amendment 234 #
Proposal for a directive
Recital 15
Recital 15
(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 taking into account relevant World Health Organization standards, guidelines and programm. Member States shall consider the cost-effectiveness of measures and the best available technologies available for the mitigation of pollutants at the source, such as filtering technologies, when identifying emission reduction measures.
Amendment 244 #
Proposal for a directive
Recital 18
Recital 18
(18) The average exposure of the population to the pollutants with the highest documented impact on human health, fine particulate matter (PM2.5) and nitrogen dioxide (NO2), should be reduced based on WHO recommendations. This could be done by using best available technologies as identified by the 2022 EU Clean Air Tech Hub report.To this end, an average exposure reduction obligation should be introduced for these pollutants, in addition to limit values.
Amendment 249 #
Proposal for a directive
Recital 19
Recital 19
(19) The Fitness Check of the Ambient Air Quality Directives (Directives 2004/107/EC and 2008/50/EC)45has 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 and target values for cadmium, arsenic and nickelin ambient air . Benzo(a)pyrene should be used as a marker for the carcinogenic risk of polycyclic aromatic hydrocarbons in ambient air. _________________ 45 Fitness check of the Ambient Air Quality Directives of 28 November 2019 (SWD(2019) 427 final).
Amendment 298 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive sets out a zerolow 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.
Amendment 315 #
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
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 20305, and regularly reviewed thereafter in accordance with Article 3.
Amendment 334 #
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. By 31 December 202833, and every 510 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.
Amendment 350 #
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 2
Article 3 – paragraph 2 – subparagraph 2
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 withpproximation towards the World Health Organization (WHO) Air Quality Guidelines and the latest scientific information.
Amendment 356 #
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 3 – point a
Article 3 – paragraph 2 – subparagraph 3 – point a
(a) latest scientific information from WHO and other relevant organisations,
Amendment 371 #
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 3 – point d a (new)
Article 3 – paragraph 2 – subparagraph 3 – point d a (new)
(d a) the proportionality of implementation measures,
Amendment 405 #
Proposal for a directive
Article 4 – paragraph 1 – point 35
Article 4 – paragraph 1 – point 35
(35) ‘contributions from natural sources’ means emissions of pollutants not caused directly or indirectly by human activities, including natural events such as volcanic eruptions, seismic activities, geothermal activities, wild-land fires, high-wind events, sea sprays or the atmospheric re- suspension or transport of natural particles from dry regions; emissions caused by indirect human activities shall be counted as emissions from natural sources;
Amendment 414 #
Proposal for a directive
Article 4 – paragraph 1 – point 39 a (new)
Article 4 – paragraph 1 – point 39 a (new)
(39 a) 'Average exposure' means the environmental pollution to which the population in a definable area is exposed over the respective averaging period.
Amendment 432 #
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1
Article 7 – paragraph 2 – subparagraph 1
Member States shall review the classification referred to in paragraph 1 at least every 510 years in accordance with the procedure laid down in this paragraph . However, classifications shall be reviewed more frequently in the event of significant changes in activities emitting air pollutants and modifying the result to the ambient concentrations 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 or ozone .
Amendment 468 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. In zones where the 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 are below the respective limit values specified in Section 1 of Annex I , Member States shall maintain the levels of those pollutants below the limit values . These limit values shall only apply from 2035 onwards and it has to be ensured that the costs are proportionate to the measures that are necessary.
Amendment 475 #
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. In zones in which ozone, arsenic, cadmium and nickel 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.
Amendment 480 #
Proposal for a directive
Article 12 – paragraph 4
Article 12 – paragraph 4
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 through proportionate measures and costs.
Amendment 487 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
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. These limit values shall only apply from 2035 onwards and it has to be ensured that the costs are proportionate to the measures that are necessary.
Amendment 490 #
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
2.. For ozone, arsenic, cadmium and nickel 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 .
Amendment 495 #
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
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. taking into acount proportionality between measures and costs.
Amendment 507 #
Proposal for a directive
Article 15 – paragraph 4
Article 15 – paragraph 4
4. Member States shall ensure that information about actual or predicted exceedances of any alert threshold or information threshold is provided to the public as soon as possible in accordance with, points 2 and 3 of Annex IX.
Amendment 509 #
Proposal for a directive
Article 16 – paragraph 1 – introductory part
Article 16 – paragraph 1 – introductory part
1. Member States may shall, for a given year, identify :
Amendment 510 #
Proposal for a directive
Article 16 – paragraph 1 – point a
Article 16 – paragraph 1 – point a
(a) zones where exceedances of limit values for a given pollutant are attributable to natural sources and to indirect human activities; and
Amendment 516 #
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
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 and to indirect human activities.
Amendment 519 #
Proposal for a directive
Article 16 – paragraph 3
Article 16 – paragraph 3
3. Where the Commission has been informed of an exceedance attributable to natural sources and to indirect human activities in accordance with paragraph 2, that exceedance shall not be considered as an exceedance for the purposes of this Directive.
Amendment 528 #
Proposal for a directive
Article 18 – paragraph 1 – introductory part
Article 18 – paragraph 1 – introductory part
1. Where, in a given zone , conformity with the limit values for particulate matter (PM10 and PM2.5), sulphur dioxode (SO2) 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 510 years for that particular zone , if the following conditions are met:
Amendment 545 #
Proposal for a directive
Article 18 – paragraph 1 a (new)
Article 18 – paragraph 1 a (new)
1 a. Derogations granted under Article 19, paragraph 5a (new), are not subject to the provisions of Article 18.
Amendment 550 #
Proposal for a directive
Article 19 – paragraph 1 – subparagraph 1
Article 19 – paragraph 1 – subparagraph 1
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 proportionate and 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 . These measures shall only be directed against emissions sources which significantly constribute to the exceedance of the limit values.
Amendment 585 #
Proposal for a directive
Article 19 – paragraph 4
Article 19 – paragraph 4
Amendment 605 #
Where air quality plans shall be established in respect of several pollutants or air quality standards , Member States shall, where appropriate, establish integrated air quality plans covering all pollutants and air quality standards concerned. Zones identified according to Article 16(3), shall be listed in the air quality plan and be exempted proportionately from reduction obligations. Individual reduction practices which are tested are to be identified for these zones.
Amendment 611 #
Proposal for a directive
Article 19 – paragraph 5 a (new)
Article 19 – paragraph 5 a (new)
5 a. Competent authorities, which are responsible to establish air quality plans, may together with the operators of installations pursuant to Annex I of Directive 2010/75/EU agree on special conditions for the operation, substantial change or new construction of such installations if these installations contribute significantly to the limit values in the air quality plans concerned being exceeded. To be able to enable operators to convert their installations and their sites to more climate-friendly production processes under economic conditions such derogations shall be agreed. The derogations may include existing installations, which may continue to operate in the area of exceedance without additional measures for up to ten years if it is ensured that they no longer contribute significantly to the exceedance after the expiry of the period, and Article 18 of Directive 2010/75/EU does not apply to the operation of existing installations, the construction of new or the substantial change of existing installations for a period of up to ten years.
Amendment 636 #
Proposal for a directive
Article 20 – paragraph 2
Article 20 – paragraph 2
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.
Amendment 666 #
Proposal for a directive
Article 22 – paragraph 2
Article 22 – paragraph 2
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.
Amendment 681 #
Proposal for a directive
Article 24 – paragraph 1
Article 24 – paragraph 1
The Commission is empowered to adopt delegatedimplemening acts in accordance with Article 25 amending Annexes II to IX to take account of technical and scientific developments regarding assessment of ambient air quality, information to be included in air quality plans, and public information. Relevant stakeholders and technical experts shall be consulted by the Commission.
Amendment 687 #
Proposal for a directive
Article 27 – paragraph 1
Article 27 – paragraph 1
Amendment 688 #
Proposal for a directive
Article 27 – paragraph 1 – subparagraph 1
Article 27 – paragraph 1 – subparagraph 1
Amendment 693 #
Proposal for a directive
Article 27 – paragraph 1 – subparagraph 1 – point a
Article 27 – paragraph 1 – subparagraph 1 – point a
Amendment 696 #
Proposal for a directive
Article 27 – paragraph 1 – subparagraph 1 – point b
Article 27 – paragraph 1 – subparagraph 1 – point b
Amendment 700 #
Proposal for a directive
Article 27 – paragraph 1 – subparagraph 2
Article 27 – paragraph 1 – subparagraph 2
Amendment 705 #
Proposal for a directive
Article 27 – paragraph 1 – subparagraph 3
Article 27 – paragraph 1 – subparagraph 3
Amendment 710 #
Proposal for a directive
Article 27 – paragraph 2
Article 27 – paragraph 2
Amendment 714 #
Proposal for a directive
Article 27 – paragraph 3
Article 27 – paragraph 3
Amendment 718 #
Proposal for a directive
Article 27 – paragraph 4
Article 27 – paragraph 4
Amendment 719 #
Proposal for a directive
Article 27 – paragraph 5
Article 27 – paragraph 5
Amendment 722 #
Proposal for a directive
Article 28
Article 28
Amendment 726 #
Proposal for a directive
Article 28 – paragraph 1
Article 28 – paragraph 1
Amendment 731 #
Proposal for a directive
Article 28 – paragraph 2
Article 28 – paragraph 2
Amendment 733 #
Proposal for a directive
Article 28 – paragraph 3
Article 28 – paragraph 3
Amendment 734 #
Proposal for a directive
Article 28 – paragraph 4
Article 28 – paragraph 4
Amendment 735 #
Proposal for a directive
Article 28 – paragraph 4 – subparagraph 1
Article 28 – paragraph 4 – subparagraph 1
Amendment 738 #
Proposal for a directive
Article 28 – paragraph 4 – subparagraph 2
Article 28 – paragraph 4 – subparagraph 2
Amendment 747 #
Proposal for a directive
Article 28 – paragraph 5
Article 28 – paragraph 5
Amendment 748 #
Proposal for a directive
Article 28 – paragraph 6
Article 28 – paragraph 6
Amendment 749 #
Proposal for a directive
Article 29 – paragraph 1
Article 29 – paragraph 1
1. Without prejudice to the obligations of Member States under Directive 2008/99/EC of the European Parliament and of the Council62,Member States shall lay down the rules on penalties applicable to violations by natural and legal persons,infringements of the national provisions adopted pursuant to this Directive and shall ensure that those rules are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall notify the Commission without undue delay of those rules and of any amendment thereof. _________________ 62 Directive 2008/99/EC of the European Parliament and of the Council of 19 November 2008 on the protection of the environment through criminal law (OJ L 328, 6.12.2008, p. 28).
Amendment 750 #
Proposal for a directive
Article 29 – paragraph 2
Article 29 – paragraph 2
Amendment 755 #
Proposal for a directive
Article 29 – paragraph 3
Article 29 – paragraph 3
Amendment 767 #
Proposal for a directive
Annex I – Part 1 – paragraph 1
Annex I – Part 1 – paragraph 1
Table 1 – Limit and target values for the protection of human health to be attained byas of 1 January 20305
Amendment 834 #
Proposal for a directive
Annex IV – Part B – point 2 – point a – point ii
Annex IV – Part B – point 2 – point a – point ii
(ii) concentration levels in other areas within the zones which are spatially representative of the exposure of the general population, and
Amendment 838 #
Proposal for a directive
Annex IV – Part B – point 2 – point b
Annex IV – Part B – point 2 – point b
(b) sampling points shall in general be sited in such a way as to avoid measuring micro- environments in the immediate vicinity of the sampling point, which means that a sampling point must be sited in such a way that the air sampled is spatially representative of air quality for a street segment no less than 100 m in length at locations measuring the contribution of road traffic and at least 250 m × 250 m at locations measuring the contribution from industrial sites or other sources such as ports or airports, where feasible;
Amendment 840 #
Proposal for a directive
Annex IV – Part B – point 2 – point c
Annex IV – Part B – point 2 – point c
(c) urban background locations shall be located so that their pollution level is influenced by the integrated contribution from all sources upwind of the sampling point. The pollution level shall not be dominated by a single source unless such a situation is typical for a larger urban area. Those sampling points shall, as a general rule, be able to guarantee spatial representativeness for several square kilometres;
Amendment 847 #
Proposal for a directive
Annex IV – Part B – point 2 – point g
Annex IV – Part B – point 2 – point g
(g) sampling points shall, where possible, also be also be spatially representative of similar locations not in the immediate vicinity of the sampling points. In the zones where the level of air pollutants is above the assessment threshold, the area which each sampling point is representative of shall be clearly defined. The whole zone shall be covered by the different areas of representativeness defined for each sampling points;
Amendment 848 #
Proposal for a directive
Annex IV – Part B – point 2 – point i
Annex IV – Part B – point 2 – point i
(i) sampling points measuring arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons shall, where possible, be co-located with sampling points for PM10.
Amendment 851 #
Proposal for a directive
Annex IV – Part C – paragraph 1 – introductory part
Annex IV – Part C – paragraph 1 – introductory part
Amendment 852 #
Proposal for a directive
Annex IV – Part C – paragraph 1 – point a
Annex IV – Part C – paragraph 1 – point a
(a) the flow around the sampling point inlet shall be unrestricted (in general, where possible the air must flow freely in an arc of at least 270°, or, for sampling points at the building line, of at least 180°) without any obstructions affecting the airflow in the vicinity of the inlet (at least 1,5 m away from buildings, balconies, tree crowns and other obstacles, and at least 0,5shall, where possible, be 3 m from the nearest building in the case of sampling points representing air quality at the building line);
Amendment 854 #
Proposal for a directive
Annex IV – Part C – paragraph 1 – point b
Annex IV – Part C – paragraph 1 – point b
(b) in general, the sampling point inlet shall be between 0,5 m (the breathing zone)3 m 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 if measurements are to be made in street canyons at a sufficient distance from concentration fluctuations of traffic or in other specific circumstances and any derogations shall be fully documented;
Amendment 856 #
Proposal for a directive
Annex IV – Part C – paragraph 1 – point c
Annex IV – Part C – paragraph 1 – point c
(c) the inlet probe shall not be positioned in the immediate vicinity of sources in order to avoid the direct intake of emissions including emissions from traffic, unmixed with ambient air to which members of the public are unlikely to be exposed; For all pollutants, sampling points shall be at between 3 and 5 m from the edge of the roadway. For the purposes of this subparagraph, the term "edge of the roadway" means the strip separating motorised traffic from other areas.
Amendment 857 #
Proposal for a directive
Annex IV – Part C – paragraph 1 – point f
Annex IV – Part C – paragraph 1 – point f
(f) for the deposition measurements in rural background locations, the guidelines and criteria of EMEP shall apply as far as practicable;
Amendment 860 #
Proposal for a directive
Annex IV – Part D – point 3
Annex IV – Part D – point 3
3. The documentations shall include any deviation from the mandatory micro- scale siting criteria, their underlying reasons and the likely impact on measured levelswhich are to be determined according to scientific criteria, and the likely impact on publicly accessible measured levels. The effects on the measurement results, especially on measurements at traffic locations, must be quantified, and the respective measurement results shall be corrected accordingly.
Amendment 918 #
Proposal for a directive
Annex VIII – Part B – point 2 – point a
Annex VIII – Part B – point 2 – point a
(a) reduction of emissions from stationary sources by ensuring that polluting small and medium-sized stationary combustion sources (including for biomass, gas-and wood-fired stoves, coal and boilers) are fitted with emission control equipment, such as filtering technologies, or replaced, and that the energy efficiency of buildings is improved;