BETA

19 Amendments of Markus FERBER related to 2022/0347(COD)

Amendment 62 #
Proposal for a directive
Recital 4
(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 20305 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 . __________________ 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).
2023/03/28
Committee: TRAN
Amendment 68 #
Proposal for a directive
Recital 5
(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 by the ‘do no harm’ principlegoals 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.
2023/03/28
Committee: TRAN
Amendment 100 #
Proposal for a directive
Recital 32
(32) Air quality plans should also be prepared ahead of 20305 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.
2023/03/28
Committee: TRAN
Amendment 107 #
Proposal for a directive
Recital 40
(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.
2023/03/28
Committee: TRAN
Amendment 114 #
Proposal for a directive
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.
2023/03/28
Committee: TRAN
Amendment 122 #
Proposal for a directive
Article 3 – paragraph 1
1. By 31 December 202833, 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.
2023/03/28
Committee: TRAN
Amendment 166 #
Proposal for a directive
Article 19 – paragraph 4 – subparagraph 1
Where from [insert year 2 years after entry into force of this Directive], until 31 December 202934 in a zone or NUTS 1 territorial unit, the levels of pollutants are above any limit value to be attained by 1 January 20305 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.
2023/03/28
Committee: TRAN
Amendment 183 #
Proposal for a directive
Article 27
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: (a) understood as one or more natural or legal persons and, in accordance with national law or practice, their associations, organisations or groups, have a sufficient interest; (b) Member State requires this as a precondition, the members of the public maintain the impairment of a right. 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. 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). 2. 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. 3. equitable, timely and not prohibitively expensive, and shall provide adequate and effective redress mechanisms, including injunctive relief as appropriate. 4. Member States from requiring a preliminary review procedure before an administrative authority and does not affect the requirement of exhaustion of administrative review procedures prior to recourse to judicial review procedures, where such a requirement exists under national law. 5. practical information is made available to the public on access to administrative and judicial review procedures referred to in this Article.Article 27 deleted Access to justice the members of the public where the applicable law of the To have standing to participate in The review procedure shall be fair, This Article does not prevent Member States shall ensure that
2023/03/28
Committee: TRAN
Amendment 184 #
Proposal for a directive
Article 28
1. 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. 2. non-governmental organisations promoting the protection of human health or the environment and meeting any requirements under national law are allowed to represent natural persons referred to in paragraph 1 and bring collective actions for compensation. The requirements set out in Article 10 and Article 12(1) of Directive (EU) 2020/1828 shall mutatis mutandis apply to such collective actions. 3. claim for compensation for a violation can be pursued only once by a natural person referred to in paragraph 1 and by the non-governmental organisations representing the person referred to in paragraph 2. Member States shall lay down rules to ensure that the individuals affected do not receive compensation more than once for the same cause of action against the same competent authority. 4. 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. 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. 5. national rules and procedures relating to claims for compensation, including as concerns the burden of proof, are designed and applied in such a way that they do not render impossible or excessively difficult the exercise of the right to compensation for damage pursuant to paragraph 1. 6. 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.Article 28 deleted Compensation for damage to human health Member States shall ensure that Member States shall ensure that Member States shall ensure that a Member States shall ensure that Member States shall ensure that
2023/03/28
Committee: TRAN
Amendment 185 #
Proposal for a directive
Article 29
1. 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, 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. 2. paragraph 1 shall include fines proportionate to the turnover of the legal person or to the income of the natural person having committed the violation. The level of the fines shall be calculated in such a way as to make sure that they effectively deprive the person responsible for the violation of the economic benefits derived from that violation. In the case of a violation committed by a legal person, such fines shall be proportionate to the legal person’s annual turnover in the Member State concerned, taking account, inter alia, the specificities of small and medium-sized enterprises (SMEs). 3. the penalties referred to in paragraph 1 give due regard to the following circumstances, as applicable: (a) duration of the violation; (b) character of the violation; (c) population and vulnerable groups, or the environment affected by the violation, taking into account the objective of achieving a high level of protection of human health and the environment; (d) of the violation. __________________ 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).Article 29 deleted Penalties Without prejudice to the The penalties referred to in Member States shall ensure that the nature, gravity, extent and the intentional or negligent the population, including sensitive the repetitive or singular character
2023/03/28
Committee: TRAN
Amendment 187 #
Proposal for a directive
Annex I – Part 1 – paragraph 1
Table 1 – Limit values for the protection of human health to be attained by 1 January 20305
2023/03/28
Committee: TRAN
Amendment 191 #
Proposal for a directive
Annex I – Part 5 – subpart B – paragraph 1 – introductory part
As from 20305, the AEI shall not exceed a level that is:
2023/03/28
Committee: TRAN
Amendment 296 #
Proposal for a directive
Article 1 – paragraph 1
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.deleted
2023/04/03
Committee: ENVI
Amendment 338 #
Proposal for a directive
Article 3 – paragraph 1
1. By 31 December 2028, 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.
2023/04/03
Committee: ENVI
Amendment 527 #
Proposal for a directive
Article 18 – paragraph 1 – introductory part
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:
2023/04/04
Committee: ENVI
Amendment 553 #
Proposal for a directive
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 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 .
2023/04/04
Committee: ENVI
Amendment 566 #
Proposal for a directive
Article 19 – paragraph 2 – subparagraph 1
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. In the event of an exceedance of the ozone target values, the preparation of a Clean Air Plan pursuant to this paragraph may be waived for territorial units at NUTS level, should Member States be able to ensure that their National Clean Air Programmes in accordance with the requirements of Article 6 of Directive (EU) 2016/2284 contain all measures necessary to address these exceedances.
2023/04/04
Committee: ENVI
Amendment 586 #
Proposal for a directive
Article 19 – paragraph 4 – subparagraph 1
Where from [insert year 2 yearstwo after entry into force of this Directive], until 31 December 2029 in a zone or NUTS level 1 territorial unit, the levels of pollutants are above anythe limit values to be attained by 1 January 2030 as laid down in Table 1 of Section 1 of Annex I, and where model applications, taking into account the predicted effect of measures already in place by Union, national or regional policies, do not indicate compliance by 1 January 2030, 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 deadlinas soon as possible.
2023/04/04
Committee: ENVI
Amendment 829 #
Proposal for a directive
Annex IV – Part B – point 2 – point a – point i
(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). To ensure this, the assessment of short-term air quality standards (hourly and daily means) should be designed to address associated short-term exposure situations. The assessment of long-term air quality standards (annual means) and exposure concentration obligations should mirror long-term exposure situations,
2023/04/03
Committee: ENVI