19 Amendments of Markus FERBER related to 2022/0347(COD)
Amendment 62 #
Proposal for a directive
Recital 4
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).
Amendment 68 #
Proposal for a directive
Recital 5
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.
Amendment 100 #
Proposal for a directive
Recital 32
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.
Amendment 107 #
Proposal for a directive
Recital 40
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.
Amendment 114 #
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 122 #
Proposal for a directive
Article 3 – paragraph 1
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.
Amendment 166 #
Proposal for a directive
Article 19 – paragraph 4 – subparagraph 1
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.
Amendment 183 #
Proposal for a directive
Article 27
Article 27
Amendment 184 #
Proposal for a directive
Article 28
Article 28
Amendment 185 #
Proposal for a directive
Article 29
Article 29
Amendment 187 #
Proposal for a directive
Annex I – Part 1 – paragraph 1
Annex I – Part 1 – paragraph 1
Table 1 – Limit values for the protection of human health to be attained by 1 January 20305
Amendment 191 #
Proposal for a directive
Annex I – Part 5 – subpart B – paragraph 1 – introductory part
Annex I – Part 5 – subpart B – paragraph 1 – introductory part
As from 20305, the AEI shall not exceed a level that is:
Amendment 296 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
Amendment 338 #
Proposal for a directive
Article 3 – paragraph 1
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.
Amendment 527 #
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) 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:
Amendment 553 #
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 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 .
Amendment 566 #
Proposal for a directive
Article 19 – paragraph 2 – subparagraph 1
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.
Amendment 586 #
Proposal for a directive
Article 19 – paragraph 4 – subparagraph 1
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.
Amendment 829 #
Proposal for a directive
Annex IV – Part B – point 2 – point a – point i
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,