BETA

75 Amendments of Marlene MORTLER related to 2022/0347(COD)

Amendment 218 #
Proposal for a directive
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.
2023/04/03
Committee: ENVI
Amendment 234 #
Proposal for a directive
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.
2023/04/03
Committee: ENVI
Amendment 244 #
Proposal for a directive
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.
2023/04/03
Committee: ENVI
Amendment 249 #
Proposal for a directive
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).
2023/04/03
Committee: ENVI
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 298 #
Proposal for a directive
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.
2023/04/03
Committee: ENVI
Amendment 315 #
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.
2023/04/03
Committee: ENVI
Amendment 334 #
Proposal for a directive
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.
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 350 #
Proposal for a directive
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.
2023/04/03
Committee: ENVI
Amendment 356 #
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 3 – point a
(a) latest scientific information from WHO and other relevant organisations,
2023/04/03
Committee: ENVI
Amendment 371 #
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 3 – point d a (new)
(d a) the proportionality of implementation measures,
2023/04/03
Committee: ENVI
Amendment 405 #
Proposal for a directive
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;
2023/04/03
Committee: ENVI
Amendment 414 #
Proposal for a directive
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.
2023/04/03
Committee: ENVI
Amendment 432 #
Proposal for a directive
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 .
2023/04/03
Committee: ENVI
Amendment 468 #
Proposal for a directive
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.
2023/04/03
Committee: ENVI
Amendment 475 #
Proposal for a directive
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.
2023/04/03
Committee: ENVI
Amendment 480 #
Proposal for a directive
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.
2023/04/03
Committee: ENVI
Amendment 487 #
Proposal for a directive
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.
2023/04/03
Committee: ENVI
Amendment 490 #
Proposal for a directive
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 .
2023/04/03
Committee: ENVI
Amendment 495 #
Proposal for a directive
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.
2023/04/03
Committee: ENVI
Amendment 507 #
Proposal for a directive
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.
2023/04/04
Committee: ENVI
Amendment 509 #
Proposal for a directive
Article 16 – paragraph 1 – introductory part
1. Member States may shall, for a given year, identify :
2023/04/04
Committee: ENVI
Amendment 510 #
Proposal for a directive
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
2023/04/04
Committee: ENVI
Amendment 516 #
Proposal for a directive
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.
2023/04/04
Committee: ENVI
Amendment 519 #
Proposal for a directive
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.
2023/04/04
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 528 #
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), 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:
2023/04/04
Committee: ENVI
Amendment 545 #
Proposal for a directive
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.
2023/04/04
Committee: ENVI
Amendment 550 #
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 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.
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 585 #
Proposal for a directive
Article 19 – paragraph 4
4. Where from [insert year 2 years after entry into force of this Directive], until 31 December 2029 in a zone or NUTS 1 territorial unit, the levels of pollutants are 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 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. Where, for the same pollutant, Member States are required to establish an air quality plan 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.deleted
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 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.
2023/04/04
Committee: ENVI
Amendment 611 #
Proposal for a directive
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.
2023/04/04
Committee: ENVI
Amendment 636 #
Proposal for a directive
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.
2023/04/04
Committee: ENVI
Amendment 666 #
Proposal for a directive
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.
2023/04/04
Committee: ENVI
Amendment 681 #
Proposal for a directive
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.
2023/04/04
Committee: ENVI
Amendment 687 #
Proposal for a directive
Article 27 – paragraph 1
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) the members of the public 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) where the applicable law of the 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).deleted
2023/04/04
Committee: ENVI
Amendment 688 #
Proposal for a directive
Article 27 – paragraph 1 – subparagraph 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) the members of the public 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) where the applicable law of the Member State requires this as a precondition, the members of the public maintain the impairment of a right.deleted
2023/04/04
Committee: ENVI
Amendment 693 #
Proposal for a directive
Article 27 – paragraph 1 – subparagraph 1 – point a
(a) the members of the public 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;deleted
2023/04/04
Committee: ENVI
Amendment 696 #
Proposal for a directive
Article 27 – paragraph 1 – subparagraph 1 – point b
(b) where the applicable law of the Member State requires this as a precondition, the members of the public maintain the impairment of a right.deleted
2023/04/04
Committee: ENVI
Amendment 700 #
Proposal for a directive
Article 27 – paragraph 1 – subparagraph 2
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.deleted
2023/04/04
Committee: ENVI
Amendment 705 #
Proposal for a directive
Article 27 – paragraph 1 – subparagraph 3
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).deleted
2023/04/04
Committee: ENVI
Amendment 710 #
Proposal for a directive
Article 27 – paragraph 2
2. To have standing to participate in 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.deleted
2023/04/04
Committee: ENVI
Amendment 714 #
Proposal for a directive
Article 27 – paragraph 3
3. The review procedure shall be fair, equitable, timely and not prohibitively expensive, and shall provide adequate and effective redress mechanisms, including injunctive relief as appropriate.deleted
2023/04/04
Committee: ENVI
Amendment 718 #
Proposal for a directive
Article 27 – paragraph 4
4. This Article does not prevent 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.deleted
2023/04/04
Committee: ENVI
Amendment 719 #
Proposal for a directive
Article 27 – paragraph 5
5. Member States shall ensure that practical information is made available to the public on access to administrative and judicial review procedures referred to in this Article.deleted
2023/04/04
Committee: ENVI
Amendment 722 #
Proposal for a directive
Article 28
Compensation for damage to human 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. 2. Member States shall ensure that 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. Member States shall ensure that a 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. Member States shall ensure that 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. Member States shall ensure that 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 health
2023/04/04
Committee: ENVI
Amendment 726 #
Proposal for a directive
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.deleted
2023/04/04
Committee: ENVI
Amendment 731 #
Proposal for a directive
Article 28 – paragraph 2
2. Member States shall ensure that 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.deleted
2023/04/04
Committee: ENVI
Amendment 733 #
Proposal for a directive
Article 28 – paragraph 3
3. Member States shall ensure that a 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.deleted
2023/04/04
Committee: ENVI
Amendment 734 #
Proposal for a directive
Article 28 – paragraph 4
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.deleted
2023/04/04
Committee: ENVI
Amendment 735 #
Proposal for a directive
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 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.deleted
2023/04/04
Committee: ENVI
Amendment 738 #
Proposal for a directive
Article 28 – paragraph 4 – subparagraph 2
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.deleted
2023/04/04
Committee: ENVI
Amendment 747 #
Proposal for a directive
Article 28 – paragraph 5
5. Member States shall ensure that 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.deleted
2023/04/04
Committee: ENVI
Amendment 748 #
Proposal for a directive
Article 28 – paragraph 6
6. Member States shall ensure that 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.deleted
2023/04/04
Committee: ENVI
Amendment 749 #
Proposal for a directive
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).
2023/04/04
Committee: ENVI
Amendment 750 #
Proposal for a directive
Article 29 – paragraph 2
2. The penalties referred to in 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).deleted
2023/04/04
Committee: ENVI
Amendment 755 #
Proposal for a directive
Article 29 – paragraph 3
3. Member States shall ensure that the penalties referred to in paragraph 1 give due regard to the following circumstances, as applicable: (a) the nature, gravity, extent and duration of the violation; (b) the intentional or negligent character of the violation; (c) the population, including sensitive 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) the repetitive or singular character of the violation.deleted
2023/04/04
Committee: ENVI
Amendment 767 #
Proposal for a directive
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
2023/04/03
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
Amendment 834 #
Proposal for a directive
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
2023/04/03
Committee: ENVI
Amendment 838 #
Proposal for a directive
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;
2023/04/03
Committee: ENVI
Amendment 840 #
Proposal for a directive
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;
2023/04/03
Committee: ENVI
Amendment 847 #
Proposal for a directive
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;
2023/04/03
Committee: ENVI
Amendment 848 #
Proposal for a directive
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.
2023/04/03
Committee: ENVI
Amendment 851 #
Proposal for a directive
Annex IV – Part C – paragraph 1 – introductory part
In so far as is practicable, tThe following shall apply:
2023/04/03
Committee: ENVI
Amendment 852 #
Proposal for a directive
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);
2023/04/03
Committee: ENVI
Amendment 854 #
Proposal for a directive
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;
2023/04/03
Committee: ENVI
Amendment 856 #
Proposal for a directive
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.
2023/04/03
Committee: ENVI
Amendment 857 #
Proposal for a directive
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;
2023/04/03
Committee: ENVI
Amendment 860 #
Proposal for a directive
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.
2023/04/03
Committee: ENVI
Amendment 918 #
Proposal for a directive
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;
2023/04/03
Committee: ENVI