Activities of Karin KARLSBRO related to 2022/0347(COD)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council on ambient air quality and cleaner air for Europe (recast)
Amendments (120)
Amendment 198 #
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 2030 and beyond, and developing a perspective for alignment with the most up-to-date 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 224 #
Proposal for a directive
Recital 10
Recital 10
(10) Modelling applications should be applied to enable point data to be interpreted in terms of geographical distribution of concentration , to help to detect breaches of air quality standards, and to inform air quality roadmaps and air quality plans and the placement of sampling points . In addition to the requirements for air quality monitoring defined in this Directive, for monitoring purposes, Member States are encouraged to exploit information products and supplementary tools (e.g. regular evaluation and quality assessment reports, policy online applications), provided by the Earth Observation component of the EU Space Programme, in particular the Copernicus Atmosphere Monitoring Service (CAMS).
Amendment 226 #
Proposal for a directive
Recital 11
Recital 11
(11) It is important that pollutants of emerging concern, such as ultrafine particles, black carbon and elemental carbon, as well as ammonia and the oxidative potential of particulate matter, be monitored in order to support scientific understanding of their effects on health and the environment, as recommended by the WHO, and that the Commission already start the process of presenting a proposal of limit values for these pollutants by the first review of this Directive in 2028.
Amendment 246 #
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 onin line with the most up-to-date WHO recommendations. To this end, an average exposure reduction obligation should be introduced for these pollutants, in addition to limit values.
Amendment 253 #
Proposal for a directive
Recital 21
Recital 21
(21) Ozone is a transboundary pollutant formed in the atmosphere from the emission of primary pollutants addressed by Directive 2016/2284/EU of the European Parliament and of the Council46. Progress towards the air quality targets and long-term objectives for ozone set in this Directive should be determined by the targets and emission reduction commitments provided for in Directive 2016/2284/EU and, by implementing cost- effective measures , air quality roadmapsand air quality plans . _________________ 46 Directive (EU) 2016/2284/EU of the European Parliament and of the Council of 14 December 2016 on the reduction of national emissions of certain atmospheric pollutants, amending Directive 2003/35/EC and repealing Directive 2001/81/EC (OJ L 344, 17.12.2016, p.1).
Amendment 266 #
Proposal for a directive
Recital 29
Recital 29
(29) Contributions from natural sources can be assessed but cannot be controlled. Therefore, where natural contributions to pollutants in ambient air, which the Member States could not mitigate or prevent, can be determined with sufficient certainty, and where exceedances are due in whole or in part to these natural contributions, these may, under the conditions laid down in this Directive, be subtracted when assessing compliance with air quality limit values and average exposure reduction obligations . Contributions to exceedances of particulate matter limit values attributable to winter- sanding or winter -salting of roads may also be subtracted when assessing compliance with air quality limit values only when concrete scientific evidence is provided that reasonable measures have been taken to lower concentrations.
Amendment 276 #
Proposal for a directive
Recital 32
Recital 32
(32) Air quality planroadmaps should also be prepared ahead of 2030 for each pollutant 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 282 #
Proposal for a directive
Recital 34
Recital 34
(34) Member States should cooperate with one another if, following significant pollution originating in another Member State, the level of a pollutant exceeds, or is likely to exceed, any limit value, ozone target value, average exposure reduction obligation or alert threshold. The transboundary nature of specific pollutants, such as ozone and particulate matter, may require coordination between neighbouring Member States in drawing up air quality roadmaps and in drawing up and implementing air quality plans and short- term action plans and in informing the public. Where appropriate, Member States should pursue cooperation with third countries, with particular emphasis on the early involvement of candidate countries. The Commission should be timely informed of and invited to assist in any such cooperation.
Amendment 286 #
Proposal for a directive
Recital 35
Recital 35
(35) It is necessary for the Member States and the Commission to collect, exchange and disseminate air quality information in order to understand better the impacts of air pollution and develop appropriate policies. Up-to-date information on concentrations of all regulated pollutants in ambient air as well as air quality plans, air quality roadmaps and short-term action plans should also be readily available to the public in a coherent and easily understandable manner.
Amendment 311 #
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 at the latest by the year 2030, and regularly reviewed thereafter in accordance with Article 3.
Amendment 321 #
Proposal for a directive
Article 1 – paragraph 3 – introductory part
Article 1 – paragraph 3 – introductory part
3. Furthermore, this Directive contributes to achieving: the Union’s pollution-reduction, biodiversity and ecosystem objectives in accordance with the 8th Environment Action Programme, as set out in Decision (EU) 2022/591 of the European Parliament and of the Council55. and to enhanced synergies between the Union's air quality policy and other relevant Union policies, in particular climate and energy policies. _________________ 55 Decision (EU) 2022/591 of the European Parliament and of the Council of 6 April 2022 on a General Union Environment Action Programme to 2030 (OJ L 114, 12.4.2022, p. 22).
Amendment 330 #
Proposal for a directive
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
6. measures promoting increased cooperation between Member States and regional and local authorities within and between Member States in reducing air pollution.
Amendment 348 #
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 with the most- up-to-date World Health Organization (WHO) Air Quality Guidelines and the latest scientific information.
Amendment 361 #
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 3 – point b a (new)
Article 3 – paragraph 2 – subparagraph 3 – point b a (new)
(b a) environmental, climate or behavioural developments impacting air quality and its assessment;
Amendment 364 #
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 3 – point c
Article 3 – paragraph 2 – subparagraph 3 – point c
(c) air quality situations and associated impacts on human health and the environment in Member States,
Amendment 366 #
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 3 – point d
Article 3 – paragraph 2 – subparagraph 3 – point d
(d) efficiency of the Directive and progress made in implementing national and Union reduction measures for pollutants and improving air quality.
Amendment 379 #
Proposal for a directive
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3 a. In the first regular review by 31 December 2028, the Commission shall propose limit or target values for those air pollutants measured by the monitoring supersites referred to in Article 10 but not currently included in Annex I. These values shall be in line with the latest scientific information on what is necessary to protect human health and the environment.
Amendment 383 #
4. Where the Commission considers it appropriate, as a result of the review, it shall present a proposal to revisetighten air quality standards or to cover ofurther air pollutants.
Amendment 391 #
Proposal for a directive
Article 4 – paragraph 1 – point 24 a (new)
Article 4 – paragraph 1 – point 24 a (new)
(24 a) ‘air pollution hotspot’ means a place where pollution levels are higher than the average of the area due to the influence of heavy pollution sources, such as, but not limited to, congested and heavily trafficked roads, industrial plants, ports, or pollution intensive residential heating;
Amendment 398 #
Proposal for a directive
Article 4 – paragraph 1 – point 28
Article 4 – paragraph 1 – point 28
(28) ‘average exposure indicator’ means an average level determined on the basis of measurements at urban background locations and air pollution hotspots throughout the territorial unit at NUTS 12 level as described in Regulation (EC) No 1059/2003, or, if there is no urban area or air pollution hotspot located in that territorial unit, at rural background locations, and which reflects population exposure, used to check whether the average exposure reduction obligation and the average exposure concentration objective for that territorial unit have been met ;
Amendment 401 #
Proposal for a directive
Article 4 – paragraph 1 – point 29
Article 4 – paragraph 1 – point 29
(29) ‘ average exposure reduction obligation ’ means a percentage reduction of the average exposure of the population , expressed as average exposure indicator, of a territorial unit at NUTS 12 level as described in Regulation (EC) No 1059/2003 of the European Parliament and of the Council57set for the reference year with the aim of reducing harmful effects on human health, to be attained over a given period; _________________ 57 Regulation (EC) No 1059/2003 of the European Parliament and of the Council of 26 May 2003 on the establishment of a common classification of territorial units for statistics (NUTS) (OJ L 154, 21.6.2003, p. 1).
Amendment 403 #
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, which the Member State could not have prevented or mitigated by policy actions;
Amendment 406 #
Proposal for a directive
Article 4 – paragraph 1 – point 36 a (new)
Article 4 – paragraph 1 – point 36 a (new)
(36 a) ‘air quality roadmaps’ means plans established before the attainment deadline that set out measures in order for Member States to comply with limit values, ozone target values or average exposure reduction obligations;
Amendment 409 #
Proposal for a directive
Article 4 – paragraph 1 – point 38
Article 4 – paragraph 1 – point 38
(38) ‘the public concerned’ means the public affected or likely to be affected by exceedances of air quality standards, or having an interest in, the decision-making procedures related to the implementation of the obligations under this Directive, including non-governmental organisations promoting the protection of human health or the environment and meeting any requirements under national law;
Amendment 422 #
Proposal for a directive
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) ensuring the accuracy of air quality modelling applications;
Amendment 425 #
Proposal for a directive
Article 5 – paragraph 1 – point h
Article 5 – paragraph 1 – point h
(h) establishment of air quality plans and air quality roadmaps;
Amendment 428 #
Proposal for a directive
Article 5 – paragraph 1 – point i a (new)
Article 5 – paragraph 1 – point i a (new)
(i a) provision and maintenance of hourly updated air quality index and other relevant public information.
Amendment 440 #
Proposal for a directive
Article 8 – paragraph 7
Article 8 – paragraph 7
7. In addition to monitoring required under Article 10, Member States shall, where applicable, monitor ultrafine particles levels in accordance with Point D of Annex III and Section 3 of Annex VII.
Amendment 447 #
Proposal for a directive
Article 9 – paragraph 3 – point c
Article 9 – paragraph 3 – point c
(c) the number of indicative measurements is the same as the number of fixed measurements that are being replaced and the indicative measurements have a minimum duration of 2 months per calendar year equally distributed over the calendar year;
Amendment 453 #
Proposal for a directive
Article 9 – paragraph 7
Article 9 – paragraph 7
7. Sampling points at which exceedances of any limit value specified in Section 1 of Annex I were recorded within the previous 3 years shall not be relocated, unless a relocation is strictly necessary due to special circumstances, including spatial development. Relocation of sampling points shall be done within their area of spatial representativeness, strictly replicate a continuity of measurement and be based on modelling results.
Amendment 455 #
Proposal for a directive
Article 10 – paragraph 1 – subparagraph 1
Article 10 – paragraph 1 – subparagraph 1
Each Member State shall establish at least one monitoring supersite per 102 million inhabitants at an urban background location. Member States that have fewer than 102 million inhabitants shall establish at least one monitoring supersite at an urban background location.
Amendment 458 #
Proposal for a directive
Article 10 – paragraph 5
Article 10 – paragraph 5
5. Measurements at all monitoring supersites at urban background locations shall include fixed or indicative measurements of size distribution of ultrafine particles and particulate matter oxidative potential, irrespective of concentration levels.
Amendment 459 #
Proposal for a directive
Article 10 – paragraph 6 – point a
Article 10 – paragraph 6 – point a
(a) fixed measurements of particulate matter (PM10 and PM2.5), nitrogen dioxide (NO2), ozone (O3), black carbon (BC), ammonia (NH3) and ultrafine particles (UFP), irrespective of concentration levels and measurements of sulphur dioxide (SO2) and carbon monoxide (CO) where appropriate.
Amendment 462 #
(b) fixed or indicative measurements of fine particulate matter (PM2.5), irrespective of concentration levels, for the purposes of providing, as a minimum, information on their total mass concentration and their chemical speciation concentrations on an annual average basis in accordance with Section 1 of Annex VII;
Amendment 464 #
Proposal for a directive
Article 10 – paragraph 6 – point c
Article 10 – paragraph 6 – point c
(c) fixed or indicative measurements of arsenic, cadmium, nickel, total gaseous mercury, benzo(a)pyrene and the other polycyclic aromatic hydrocarbons referred to in Article 8(6), and of the total deposition of arsenic, cadmium, mercury, nickel, benzo(a)pyrene and the other polycyclic aromatic hydrocarbons referred to in Article 8(6), irrespective of concentration levels.
Amendment 465 #
Proposal for a directive
Article 10 – paragraph 7
Article 10 – paragraph 7
7. Measurements of particulate and gaseous divalent mercury mayshall also be undertaken at monitoring supersites at urban background locations and rural background locations.
Amendment 474 #
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. In zones in which ozone 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 atto attain and maintain 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 477 #
Proposal for a directive
Article 12 – paragraph 3
Article 12 – paragraph 3
3. In territorial units at NUTS 12 level as described in Regulation (EC) No 1059/2003 where the average exposure indicators for PM2.5 and NO2 are below the respective value of the average exposure concentration objectives for those pollutants as laid down in Section 5 of Annex I, Member States shall maintain the levels of those pollutants below the average exposure concentration objectives.
Amendment 496 #
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 12 level, where they exceed the average exposure concentration objectives set out in Section 5, Point C, of Annex I.
Amendment 500 #
Proposal for a directive
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
2 a. When any air pollutant exceeds its alert threshold, Member States shall without undue delay implement the emergency measures drawn up in their short-term action plans referred to in Article 20.
Amendment 504 #
Proposal for a directive
Article 15 – paragraph 3
Article 15 – paragraph 3
3. Where any alert threshold or any information threshold laid down in Section 4 of Annex I is exceeded, Member States shall take the necessary steps to inform the public within a few hours at the latest, in a coherent and easily understandable manner, making use of different media and communication channels and ensuring broad public access . .
Amendment 506 #
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 in a coherent and easily understandable manner as soon as possible in accordance with, points 2 and 3 of Annex IX.
Amendment 512 #
Proposal for a directive
Article 16 – paragraph 1 – point b
Article 16 – paragraph 1 – point b
(b) NUTS 12 territorial units where exceedances of the level determined by the average exposure reduction obligations are attributable to natural sources.
Amendment 515 #
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 12 territorial units, as referred to in paragraph 1, together with verifiable information that the natural sources could not have been foreseen, prevented or mitigated by the Member State and information on concentrations and sources and the evidence demonstrating that the exceedances are attributable to natural sources.
Amendment 521 #
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Member States may , for a given yearmonth, identify zones within which limit values for PM10 are exceeded in ambient air due to the re-suspension of particulates following winter-sanding or winter -salting of roads.
Amendment 533 #
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 unpreventable 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 538 #
Proposal for a directive
Article 18 – paragraph 1 – point b
Article 18 – paragraph 1 – point b
(b) the air quality plan referred in point (a) is supplemented by the information listed in Point B of Annex VIII related to the pollutants concerned and demonstrates how the limit values will be adhered to by the new deadline and exceedance periods above the limit values will be kept as short as possible ;
Amendment 541 #
Proposal for a directive
Article 18 – paragraph 1 – point c
Article 18 – paragraph 1 – point c
(c) the air quality plan referred to in point (a) outlines how the public and, in particular, sensitive population and vulnerable groups will be informed in a coherent and easily understandable manner about the consequences of the postponement for human health and the environment;
Amendment 547 #
Proposal for a directive
Article 19 – title
Article 19 – title
19 Air quality plans and air quality roadmaps
Amendment 557 #
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 and sufficient 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 reportmeasured .
Amendment 561 #
Proposal for a directive
Article 19 – paragraph 1 – subparagraph 2
Article 19 – paragraph 1 – subparagraph 2
Where exceedances of any limit values persist during the third calendar year after the establishment of the air quality planfirst exceedance was measured, Member States shall update the air quality plan and the measures therein, and take additional and more effective measures, in the subsequent calendar year to keep the exceedance period as short as possible and no longer than one calendar year.
Amendment 567 #
Proposal for a directive
Article 19 – paragraph 2 – subparagraph 1
Article 19 – paragraph 2 – subparagraph 1
Where in a given NUTS 12 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 12 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 recordmeasured. Those air quality plans shall set out appropriate and sufficient measures in order to achieve the ozone target value and to keep the exceedance period as short as possible, and in any case no longer than 5 years from the end of the calendar year in which the first exceedance was reported.
Amendment 568 #
Proposal for a directive
Article 19 – paragraph 2 – subparagraph 2
Article 19 – paragraph 2 – subparagraph 2
Where exceedances of the ozone target value persist during the fifth calendar year after the establishment of the air quality planfirst exceedance was measured in the relevant NUTS 12 territorial unit, Member States shall update the air quality plan and the measures therein, and take additional and more effective measures, in the subsequent calendar year to keep the exceedance period as short as possible, and no longer than 2 calendar years.
Amendment 571 #
Proposal for a directive
Article 19 – paragraph 2 – subparagraph 3
Article 19 – paragraph 2 – subparagraph 3
For NUTS 12 territorial units where the ozone target value is exceeded, Member States shall ensure that the relevant national air pollution control programme prepared pursuant to Article 6 of Directive (EU) 2016/2284 includes measures addressing those exceedances.
Amendment 573 #
Proposal for a directive
Article 19 – paragraph 3 – subparagraph 1
Article 19 – paragraph 3 – subparagraph 1
Where in a given NUTS 12 territorial unit, the average exposure reduction obligation laid down in Section 5 of Annex I is exceeded, Member States shall establish air quality plans for those NUTS 12 territorial units as soon as possible and no later than 2 years after the calendar year during which the exceedance of the average exposure reduction obligation was recordmeasured. Those air quality plans shall set out appropriate and sufficient measures to achieve the average exposure reduction obligation 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 measured.
Amendment 578 #
Proposal for a directive
Article 19 – paragraph 3 – subparagraph 2
Article 19 – paragraph 3 – subparagraph 2
Where exceedances of the average exposure reduction obligation persist during the fifththird calendar year after the establishment of the air quality planfirst exceedance was measured, Member States shall update the air quality plan and the measures therein, and take additional and more effective measures, in the subsequent calendar year to keep the exceedance period as short as possible. , and no longer than 1 calendar year.
Amendment 588 #
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 2029 in a zone or NUTS 12 territorial unit, the levels of any pollutants are is above any limit value to be attained by 1 January 2030 as laid down in Table 1 of Section 1 of Annex I, Member States shall establish an air quality planroadmaps 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 recordpollutant was measured, to attain the respective limit values or ozone target value by the expiration of the attainment deadline.
Amendment 593 #
Proposal for a directive
Article 19 – paragraph 4 – subparagraph 2
Article 19 – paragraph 4 – subparagraph 2
Where, for the same pollutant, Member States are required to establish an air quality planroadmap in accordance with this paragraph as well as an air quality plan in accordance with Article 19(1), they may establish a combined air quality plan in accordance with Article 19(5), (6) and (7) and provide information on the expected impact of measures to reach compliance for each limit value it addresses, as required by in Annex VIII, points 5 and 6. Any such combined air quality plan shall set out appropriate measures to achieve all related limit values and to keep all exceedance periods as short as possible.
Amendment 597 #
Proposal for a directive
Article 19 – paragraph 5 – subparagraph 1 – introductory part
Article 19 – paragraph 5 – subparagraph 1 – introductory part
Air quality plans and air quality roadmaps shall contain at least the following information:
Amendment 601 #
Proposal for a directive
Article 19 – paragraph 5 – subparagraph 1 – point c
Article 19 – paragraph 5 – subparagraph 1 – point c
(c) where appropriate, information on abatement measures listed in Point B, Point 2 of Annex VIII.
Amendment 603 #
Proposal for a directive
Article 19 – paragraph 5 – subparagraph 2
Article 19 – paragraph 5 – subparagraph 2
Member States shall consider including measures referred to in Article 20(2) and shall include specific measures aiming at the protection of sensitive population and vulnerable groups , including children in their air quality plans .
Amendment 604 #
Proposal for a directive
Article 19 – paragraph 5 – subparagraph 3
Article 19 – paragraph 5 – subparagraph 3
Regarding the pollutants concerned, when preparing air quality plans or air quality roadmaps , Member States shall assess the risk of exceeding the respective alert thresholds. That analysis shall be used for establishing short-term action plans where applicable.
Amendment 606 #
Proposal for a directive
Article 19 – paragraph 5 – subparagraph 4
Article 19 – paragraph 5 – subparagraph 4
Where air quality plans or air quality roadmaps shall be established in respect of several pollutants or air quality standards , Member States shall, where appropriate, establish integrated air quality or air quality roadmaps plans covering all pollutants and air quality standards concerned.
Amendment 607 #
Proposal for a directive
Article 19 – paragraph 5 – subparagraph 5
Article 19 – paragraph 5 – subparagraph 5
Member States shall, to the extent feasible, ensure consistency of their air quality plans and air quality roadmaps with other plans that have a significant impact on air quality, including those required under Directive 2010/75/ EU of the European Parliament and of the Council58, Directives (EU) 2016/2284 and 2002/49/EC and under climate, energy, transport and agriculture legislation . _________________ 58 Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (OJ L 334, 17.12.2010, p. 17).
Amendment 615 #
Proposal for a directive
Article 19 – paragraph 6 – subparagraph 1
Article 19 – paragraph 6 – subparagraph 1
Member States shall consult the public, in accordance with Directive 2003/35/EC of the European Parliament and of the Council59, and the competent authorities, which, by reason of their responsibilities in the field of air pollution and air quality, are likely to be concerned by the implementation of the air quality plans and air quality roadmaps, on draft air quality plans and draft air quality roadmapsand any significant updates of air quality plans and air quality roadmapsprior to their finalisation. _________________ 59 Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003 providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment and amending with regard to public participation and access to justice Council Directives 85/337/EEC and 96/61/EC (OJ L 156, 25.6.2003, p. 17).
Amendment 617 #
Proposal for a directive
Article 19 – paragraph 6 – subparagraph 2
Article 19 – paragraph 6 – subparagraph 2
When preparing air quality plans and air quality roadmaps, Member States shall ensure that stakeholders whose activities contribute to the exceedance situation are encouraged to propose measures they are able to take to help end the exceedances and that non- governmental organisations, such as environmental organisations, consumer organisations, organisations representing the interests of sensitive population and vulnerable groups, other relevant health- care bodies and the relevant industrial federations are allowed to take part in those consultations. Member States shall make sure that relevant stakeholders and citizens are duly informed about the specific sources and air pollutants affecting air quality and the relevant air pollution mitigation measures that exist and are available on the market.
Amendment 623 #
Proposal for a directive
Article 19 – paragraph 7
Article 19 – paragraph 7
7. Air quality plans and air quality roadmaps shall be communicated to the Commission within 2 months after their adoption .
Amendment 633 #
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 at least 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 641 #
Proposal for a directive
Article 20 – paragraph 5 a (new)
Article 20 – paragraph 5 a (new)
5 a. Within one year after the entry into force of this Directive, the Commission shall adopt guidelines setting out best practice actions to take to reduce air pollution from air pollution hotspots for the drawing-up of short-term action plans. These examples shall be updated regularly.
Amendment 645 #
Proposal for a directive
Article 21 – paragraph 1 – subparagraph 2
Article 21 – paragraph 1 – subparagraph 2
The Member States concerned shall cooperate at national, regional and local level to identify the sources of air pollution and the measures to be takenshares of pollution originating from which country and the measures to be taken separately and jointly to address those sources, and draw up joint activities, such as the preparation of joint or coordinated air quality plans pursuant to Article 19, in order to remove such exceedances .
Amendment 647 #
Proposal for a directive
Article 21 – paragraph 1 – subparagraph 3
Article 21 – paragraph 1 – subparagraph 3
Member States shall respond to each other in a timely manner, and no later than 3 2 months after being notified by another Member State in accordance with the first subparagraph and cooperate in an efficient manner when one Member State is taking legal action against a natural or legal person for violations against national provisions adopted pursuant to this Directive, as referred to in Article 29, that has caused air pollution in another Member State.
Amendment 655 #
Proposal for a directive
Article 22 – paragraph 1 – point c
Article 22 – paragraph 1 – point c
(c) air quality plans and air quality roadmaps as provided for in Article 19;
Amendment 658 #
Proposal for a directive
Article 22 – paragraph 1 – point d a (new)
Article 22 – paragraph 1 – point d a (new)
(d a) air pollution sources and air pollutants affecting air quality;
Amendment 664 #
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 in a coherent and easily understandable manner through a public source providing an hourly update. The air quality index shall consider thebe comparable across all Member States and be aligned with the latest recommendations by the WHO and build on the air quality indices at European scale provided by the European Environmental Agency. The Commission shall by [12 months after the entry into force of this Directive] adopt implementing acts specifying how the air quality index shall be calculated and presented. The implementing acts shall be adopted in accordance with the examination procedure referred to Article 26(2).
Amendment 672 #
Proposal for a directive
Article 22 – paragraph 4
Article 22 – paragraph 4
4. The information referred to in this Article shall be made available to the public free of charge by means of easily accessible media and communication channels in a coherent and easily understandable manner in accordance with Directive 2007/2/EC60and Directive (EU)2019/102461of the European Parliament and of the Council . _________________ 60 Directive 2007/2/EC of the European Parliament and the Council of 14 March 2007 establishing an infrastructure for spatial information in the European Community (INSPIRE) (OJ L 108, 25.4.2007, p. 1). 61 Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data and the re-use of public sector information (OJ L 172, 26.6.2019, p. 56).
Amendment 678 #
Proposal for a directive
Article 23 – paragraph 2 – point a
Article 23 – paragraph 2 – point a
(a) the changes made in that year to the list and delimitation of zones established under Article 6 or any NUTS 12 territorial unit ;
Amendment 679 #
Proposal for a directive
Article 23 – paragraph 2 – point b – introductory part
Article 23 – paragraph 2 – point b – introductory part
(b) the list of zones and NUTS 12 territorial units and the levels of pollutants assessed. For zones in which the levels of one or more pollutants are higher than the limit values or critical levels , as well as for NUTS 12 territorial units where the levels of one or more pollutants are higher than the target values or average exposure reduction obligations: :
Amendment 691 #
Proposal for a directive
Article 27 – paragraph 1 – subparagraph 1 – introductory part
Article 27 – paragraph 1 – subparagraph 1 – introductory part
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 by Member States to be in compliance with this Directive including, but not limited to, those concerning air quality plans and air quality roadmaps 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:
Amendment 729 #
Proposal for a directive
Article 28 – paragraph 1
Article 28 – paragraph 1
1. Member States shall ensure that 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.
Amendment 736 #
Proposal for a directive
Article 28 – paragraph 4 – subparagraph 1
Article 28 – paragraph 4 – subparagraph 1
Where a claim for compensation is supported by evidence showing that the violation referred to in paragraph 1 is the most plausiblwithout reasonable doubt the 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.
Amendment 758 #
Proposal for a directive
Article 29 – paragraph 3 – point c
Article 29 – paragraph 3 – point c
(c) the population, including sensitive population and vulnerable groups, or the environment affected by the violation, and the harm caused taking into account the objective of achieving a high level of protection of human health and the environment;
Amendment 776 #
Proposal for a directive
Annex I – Section 1 – table 1
Annex I – Section 1 – table 1
Amendment 788 #
Proposal for a directive
Annex I – Section 4 – point A– table
Annex I – Section 4 – point A– table
Amendment 791 #
Proposal for a directive
Annex I – Section 5 – point A – paragraph 1
Annex I – Section 5 – point A – paragraph 1
The Average Exposure Indicator expressed in μg/m3 (AEI) shall be based upon measurements in urban background locations and air pollution hotspots in territorial units at NUTS 12 level throughout the territory of a Member State. It shall be assessed as a 3-calendar- year running annual mean concentration averaged over all sampling points of the relevant pollutant established pursuant to Point B of Annex III in each NUTS 12 territorial unit. The AEI for a particular year shall be the mean concentration of that same year and the preceding 2 years.
Amendment 794 #
Proposal for a directive
Annex I – Section 5 – point A – paragraph 2
Annex I – Section 5 – point A – paragraph 2
Where Member States identify exceedances attributable to natural sources, which the Member State could not have mitigated, contributions from natural sources shall be deducted before calculating the AEI.
Amendment 800 #
Proposal for a directive
Annex I – Section 5 – point B – paragraph 1 – indent 1
Annex I – Section 5 – point B – paragraph 1 – indent 1
– for PM2.5, 25% lower than the AEI was 105 years before, unless it is already no higher than the average exposure concentration objective for PM2.5 defined in Section C.
Amendment 802 #
Proposal for a directive
Annex I – Section 5 – point B – paragraph 1 – indent 2
Annex I – Section 5 – point B – paragraph 1 – indent 2
– for NO2, 25% lower than the AEI was 105 years before, unless it is already no higher than the average exposure concentration objective for NO2 defined in Section C.
Amendment 806 #
Proposal for a directive
Annex II – Section 1 – table
Annex II – Section 1 – table
Amendment 810 #
Proposal for a directive
Annex III – Part A – point 1 – paragraph 5
Annex III – Part A – point 1 – paragraph 5
For each zone, the minimum number of sampling points for fixed measurements set out in the tables in this point shall include at least 1 background location sampling point and 1 sampling point in the area with the highest concentrations according to Point B, of Annex IV provided this does not increase the number of sampling pointsan air quality hotspot according to Point B, of Annex IV. For nitrogen dioxide, particulate matter, benzene and carbon monoxide, this shall include at least 1 sampling point focused on measuring contribution from transport emissions. However, in the cases where there is only 1 sampling point required, this shall be in the area with the highest concentrations to which the population is likely to be directly or indirectly exposed.
Amendment 811 #
Proposal for a directive
Annex III – Part A – point 1 – paragraph 6
Annex III – Part A – point 1 – paragraph 6
For each zone, for nitrogen dioxide, particulate matter, benzene and carbon monoxide, the total number of urban background location sampling points and the total number of sampling points where the highest concentrations occurin air quality hotspots required shall not differ by more than a factor of 2. The number of PM2.5 and nitrogen dioxide sampling points at urban background locations and air quality hotspots shall meet the requirements set out in Point B.
Amendment 814 #
Proposal for a directive
Annex III – Part A – point 1 – table 1
Annex III – Part A – point 1 – table 1
Minimum number of sampling points if concentrations exceed the assessment threshold Population NO2, SO2, Sum PM (1) Minimum Minimum Pb, Cd, Pb, Benzo(a)pyrene of zone CO, benzene (1) PM10 PM2.5 As, Ni Cd, in PM10 (thousands) in As, Ni in PM10 0 - 249 2 4 4 2 2 2 1 1 250 - 499 2 4 4 2 2 2 1 1 1 500 - 749 2 4 4 2 2 1 1 1 750 - 999 3 4 4 2 2 2 2 2 1 000 - 1 4 6 6 2 2 2 2 2 499499 1 500 - 1 5 7 3 3 2 2 2 999 2 000 - 2 6 8 3 3 2 3 7493 749 2 750 - 3 7 10 4 4 2 3 7493 749 3 750 - 4 8 11 4 4 3 4 7494 749 4 750 - 5 9 13 5 5 4 5 9995 999 6 000+ 10 15 5 5 5 5 (1) The number of PM2.5 and NO2 sampling points in the urban background locations of urban areas and air quality hotspots shall meet the requirements set out in Point B.
Amendment 817 #
Proposal for a directive
Annex III – Part A – point 1 – table 3
Annex III – Part A – point 1 – table 3
Population of Minimum number of sampling points if the number of sampling points is zone reduced by up to 50% (thousands) NO2, Sum PM Minimum Minimum Pb, Cd, Benzo(a)p SO2, (1) PM10 PM2.5 As, Ni in yrene in CO, PM10 PM10 benzene 0 - 249 1 2 1 1 1 1 250 - 499 1 2 1 1 1 1 500 - 749 1 2 1 1 1 1 750 - 999 2 2 1 1 1 1 1 000 - 1 499 2 3 1 1 1 1 1 500 - 1 999 3 4 2 2 1 1 2 000 - 2 749 3 4 2 2 1 2 2 750 - 3 749 4 5 2 2 1 2 3 750 - 4 749 4 6 2 2 2 2 4 750 - 5 999 5 7 3 3 2 3 6 000+ 5 8 3 3 3 3 (1) The number of PM2.5 and NO2 sampling points in the urban background locations of urban areas and air quality hotspots shall meet the requirements set out in Point B.
Amendment 821 #
Proposal for a directive
Annex III – Part B – paragraph 1
Annex III – Part B – paragraph 1
For PM2.5 and NO2 each, one sampling point per NUTS 12 region as described in Regulation (EC) No 1059/2003, and at least 1 sampling point per million inhabitants calculated over urban areas in excess of 100 000 inhabitants shall be operated for this purpose. Those sampling points may coincide with sampling points under Point A.
Amendment 824 #
Proposal for a directive
Annex III – Part D – paragraph 1
Annex III – Part D – paragraph 1
Ultrafine particles shall be monitored at selected locations in addition to other air pollutants. Sampling points to monitor ultrafine particles shall coincide, where appropriate, with sampling points for particulate matter or nitrogen dioxide referred to in Point A, and be sited in accordance with Section 3 of Annex VII. For this purpose, at least 1 sampling point per 51 million inhabitants shall be established at a location where high UFP concentrations are likely to occur. Member States that have fewer than 51 million inhabitants shall establish at least 1 fixed sampling point at a location where high UFP concentrations are likely to occur.
Amendment 841 #
Proposal for a directive
Annex IV – Part B – point 2 – point c a (new)
Annex IV – Part B – point 2 – point c a (new)
(ca) air quality hotspot locations shall be covered by sufficient sampling points in all wind directions where there is a near residential area or an area where 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 or target value(s), including but not limited to schools, hospitals, assisted living facilities and office areas.
Amendment 843 #
Proposal for a directive
Annex IV – Part B – point 2 – point d
Annex IV – Part B – point 2 – point d
(d) where the objective is to measure the contribution of domestic heating, at least one sampling point shall be installed within the main wind direction of these sources;
Amendment 846 #
Proposal for a directive
Annex IV – Part B – point 2 – point f
Annex IV – Part B – point 2 – point f
(f) where contributions from industrial sources, ports or airports are to be assessed, at least 1 sampling point shall be installed downwindin the main wind direction of the source in the nearest residential area. Where the background concentration is not known, an additional sampling point shall be situated within the main wind direction. The sampling points shall be sited such that the application of BAT can be monitored;
Amendment 855 #
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) and 43 m above the ground. Higher siting (up to 86 m) may be appropriate if the sampling point is representative of a large area (a background location) or in other specific circumstances and any derogations shall be fully documented;
Amendment 863 #
Proposal for a directive
Annex IV – Part D – point 9
Annex IV – Part D – point 9
9. At least every 5 years the selection criteria, network design and monitoring site locations, defined by the competent authorities in view of the requirements of this Annex, shall be reviewed to ensure they remain valid and optimal overtime. The review shall be supported at least by either modelling or indicative measurements, and where discrepancies or insufficiencies are found, the competent authority shall rectify the situation within six months.
Amendment 866 #
Proposal for a directive
Annex V – Part A – point 1 – table
Annex V – Part A – point 1 – table
Air pollutant Maximum uncertainty of Maximum uncertainty of Maximum fixed measurements indicative measurements (1) ratio of uncertainty of modelling and objective estimation over uncertainty of fixed fixed measurement s s Absolute Relative Absolute Relative value Maximum value value value ratio PM2.5 3,01,25 μg/ m3 3025 % 42,0 μg/ m3 40 % 1,7 PM10 43,0 μg/ m3 20 % 6,04,5 μg/ m3 30 % 1,3 NO2 / NOx 6,01,5 μg/ m3 3015 % 8,02,5 μg/ m3 430 % 1,4 Benzene 0,750456 μg/ m3 25 % 1,20,05 μg/ m3 35 % 1,7 Lead 0,120375 μg/ m3 25 % 0,170,045 μg/ m3 35 % 1,7 Arsenic 2,40,26 ng/ m3 40 % 3,00,33 ng/ m3 50 % 1,1 Cadmium 21,0 ng/ m3 40 % 1,2,5 ng/ m3 50 % 1,1 Nickel 81,0 ng/ m3 40 % 10,0,25 ng/ m3 50 % 1,1 Benzo(a)pyre 0,5 ng m 3 0,06 ng m3 50 % 0,6072 ng/ m3 60 % 1,1 ne (1) When using indicative measurements for other purposes other than compliance assessment, such as, but not only: design or review of the monitoring network, model calibration and validation, the uncertainty may be that established for modelling applications.
Amendment 868 #
Proposal for a directive
Annex V – Part A – point 2 – table
Annex V – Part A – point 2 – table
Amendment 872 #
Proposal for a directive
Annex VII – Section 1 – point A – paragraph 1
Annex VII – Section 1 – point A – paragraph 1
The main objectives of such measurements are to ensure that adequate information is made available on levels in urban background and rural background locations. This information is essential to judge the enhanced levels in more polluted areas (such as urban background, air quality hotspots, industry related locations, traffic related locations), assess the possible contribution from long- range transport of pollutants, support source apportionment analysis and for the understanding of specific pollutants such as particulate matter. It is also essential for the increased use of modelling also in urban areas.
Amendment 873 #
Proposal for a directive
Annex VII – Section 1 – point C – paragraph 1
Annex VII – Section 1 – point C – paragraph 1
Measurements shall be taken in urban background, air quality hotspots and rural background locations in accordance with Annex IV.
Amendment 879 #
Proposal for a directive
Annex VIII – title 1
Annex VIII – title 1
Information to be included in air quality roadmaps and air quality plans for improvement in ambient air quality
Amendment 881 #
Proposal for a directive
Annex VIII – Part A – point 2 – point a
Annex VIII – Part A – point 2 – point a
(a) type of zone (urban, industrial, air quality hotspot or rural area) or characteristics of NUTS 12 territorial unit (including urban, industrial, air quality hotspot or rural areas);
Amendment 884 #
Proposal for a directive
Annex VIII – Part A – point 3 – paragraph 2
Annex VIII – Part A – point 3 – paragraph 2
Names and addresses of the competent authorities responsible for the development and implementation of the air quality roadmap or air quality plans.
Amendment 889 #
Proposal for a directive
Annex VIII – Part A – point 4 a (new)
Annex VIII – Part A – point 4 a (new)
4a. Review of all possible effective pollution reduction measures which could be adopted at national, regional or local level and their estimated effect in air pollution reduction of each air pollutant, including at least the measures listed under Point B;
Amendment 890 #
Proposal for a directive
Annex VIII – Part A – point 5 – introductory part
Annex VIII – Part A – point 5 – introductory part
5. Expected impact of measures to reach compliance within 3 years after adoption of the air quality roadmap or air quality plan
Amendment 895 #
Proposal for a directive
Annex VIII – Part A – point 5 – point b
Annex VIII – Part A – point 5 – point b
(b) estimated year of compliance per air pollutant covered by the air quality roadmap or air quality plan taking into account measures referred to in point 6.
Amendment 896 #
Proposal for a directive
Annex VIII – Part A – point 6 – point -a (new)
Annex VIII – Part A – point 6 – point -a (new)
(-a) review of all possible effective pollution reduction measures which could be adopted at national, regional or local level and their estimated effect in air pollution reduction of each air pollutant, including at least the measures listed under Point B;
Amendment 899 #
Proposal for a directive
Annex VIII – Part A – point 6 – point a
Annex VIII – Part A – point 6 – point a
(a) listing and description of all the measures set out in the air quality plan or air quality roadmap including the justification for the choice in relation to air pollution reduction efficiency, including the identification of the competent authority in charge of their implementation;
Amendment 909 #
Proposal for a directive
Annex VIII – Part A – point 7 – point c a (new)
Annex VIII – Part A – point 7 – point c a (new)
(ca) description of the air pollution reduction measures in place and their projected effect during the time period covered by the air quality roadmap or air quality plan;
Amendment 919 #
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) are gradually replaced with zero-emission alternatives, or if this is not feasible, fitted with emission control equipment or replaced, and that the energy efficiency of buildings is improved;
Amendment 929 #
Proposal for a directive
Annex VIII – Part B – point 2 – point c
Annex VIII – Part B – point 2 – point c
(c) procurement by public authorities, in line with the handbook on environmental public procurement, of zero- emissions road vehicles, fuels and combustion equipment to reduce emissions;
Amendment 932 #
Proposal for a directive
Annex VIII – Part B – point 2 – point d
Annex VIII – Part B – point 2 – point d
(d) measures to limit transport emissions through trafficurban planning and traffic management (including congestion pricing, but not limited to, congestion pricing, choice of road materials, differentiated parking fees or other economic incentives; establishing urban vehicles access restrictions schemes, including low emission zones and low- speed and low-traffic zones, zones free from studded tyres, promoting public transport, car sharing and car-pooling);
Amendment 942 #
Proposal for a directive
Annex VIII – Part B – point 2 – point e
Annex VIII – Part B – point 2 – point e
(e) measures to encourage a shift towards less polluting forms of transport and to support changes in mobility behaviour, such as provide incentives for the public to use public transportation and walking, cycling and e-mobility solutions;
Amendment 952 #
Proposal for a directive
Annex VIII – Part B – point 2 – point g
Annex VIII – Part B – point 2 – point g
(g) measure to ensure that lowzero emission fuels and alternatives are given preference in small-, medium- and large- scale stationary sources and in mobile sources;
Amendment 957 #
Proposal for a directive
Annex VIII – Part B – point 2 – point h a (new)
Annex VIII – Part B – point 2 – point h a (new)
(ha) measures to reduce air pollution from hotspots;
Amendment 960 #
Proposal for a directive
Annex VIII – Part B – point 2 – point h b (new)
Annex VIII – Part B – point 2 – point h b (new)
(hb) measures to reduce air pollution from agriculture and forest management;
Amendment 963 #
Proposal for a directive
Annex VIII – Part B – point 2 – point i a (new)
Annex VIII – Part B – point 2 – point i a (new)
(ia) measures by health authorities to encourage behavioural changes.