BETA

188 Amendments of Michael BLOSS related to 2022/0347(COD)

Amendment 197 #
Proposal for a directive
Recital 4
(4) The Zero Pollution Action Plan also sets out a vision for the year 2050, where air pollution is reduced to levels no longer considered harmful to health and natural ecosystems. To this end, a staged approach towards setting current and futurenew EU air quality standards should be pursued, establishing intermediate air quality standards for the year 203028 and beyond, and developing a perspective forair quality standards alignmented with the latest WHO Air Quality Guidelines byfor the year 2050 at the latest based on30, with a regular review mechanism to take into account the latest scientific understandingadjust those standards after the year 2030 based on the latest scientific evidence and recommendations with a view to achieving zero pollution by 2050 at the latest. Given the links between pollution reduction and decarbonisation, the long-term objective to achieve the zero pollution ambition should be pursued hand in hand with reduction of greenhouse gas emissions as set by Regulation (EU) 2021/1119 of the European Parliament and of the Council42. _________________ 42 Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (‘European Climate Law’) (OJ L 243, 9.7.2021, p. 1–17).
2023/04/03
Committee: ENVI
Amendment 204 #
Proposal for a directive
Recital 5
(5) In taking the relevant measures at Union and national level to achieve the zero pollution objective for air pollution, Member States, the European Parliament, the Council and the Commission should be guided by the ‘precautionary principle’ and the ‘polluter pays principle’ established in the Treaty on the Functioning of the European Union, and the ‘do no harm’ principle of the European Green Deal and the non-regression principle. They should, inter alia, take into account: the contribution of improved air quality to public health, the quality of the environment, the well-being of citizens, the fight against health inequalities, the protection of vulnerable groups and sensitive populations as well as of workers exposed to high pollution levels; socio- economic aspects of measures to improve air quality; the role of civil society in fighting air quality; the prosperity of society, employment and the competitiveness of the economy; the energy transition, strengthened energy security and the tackling of energy poverty; food security and affordability; the development of sustainable and smart mobility and transport solutions; the impact of behavioural changes; the impact of fiscal policies; fairness and solidarity across and within Member States, in light of their economic capability, national circumstances, such as the specificities of islands, and the need for convergence over time; the need to make the transition just and socially fair through appropriate education and training programmes, including for healthcare professionals; best available and most recent scientific evidence, in particular the findings reported by the WHO; the need to integrate air pollution related risks into investment and planning decisions; cost- effectiveness and technological neutrality in achieving air pollutant emission reductions; and progression over time in environmental integrity and level of ambition.
2023/04/03
Committee: ENVI
Amendment 216 #
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, health inequalities, direct and indirect healthcare costs associated with air pollution, environmental costs, and behavioural, fiscal and technological developments. Based on the review, the Commission should assess whether applicable air quality standards are still appropriatesufficient 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. The Commission should base its review on the results of regular monitoring and reviews contracted to the WHO Office for Europe, which should be given the necessary resources to integrate evidence from different scientific disciplines, including epidemiology, toxicology, exposure science, atmospheric chemistry and physics, and ecology. The Commission should also regularly assess the contribution of Union legislation setting emissions standards for sources of air pollution to the achievement of the air quality standards established by this Directive and propose additional Union measures when such contribution is insufficient.
2023/04/03
Committee: ENVI
Amendment 227 #
Proposal for a directive
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, with the perspective of establishing limit values when sufficient information is gathered.
2023/04/03
Committee: ENVI
Amendment 230 #
Proposal for a directive
Recital 12
(12) Detailed measurements of fine particulate matter at rural, black carbon, mercury and ammonia at rural and urban background locations should be made in order to understand better the impacts of this pollutant and to develop appropriate policies. Such measurements should be made in a manner consistent with those of the cooperative programme for monitoring and evaluation of the long range transmission of air pollutants in Europe (EMEP) set up under the 1979 United Nations Economic Commission for Europe (UNECE) Convention on Long-range Transboundary Air Pollution approved by Council Decision 81/462/EEC of 11 June 198144and its Protocols, including the Protocol to Abate Acidification, Eutrophication and Ground-level Ozone of 1999, which was revised in 2012 . _________________ 44 Council Decision 81/462/EEC of 11 June 1981 on the conclusion of the Convention on long-range transboundary air pollution (OJ L 171, 27.6.1981, p. 11).
2023/04/03
Committee: ENVI
Amendment 239 #
Proposal for a directive
Recital 16
(16) Scientific evidence shows that sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter, lead, benzene, carbon monoxide, arsenic, cadmium, nickel, some polycyclic aromatic hydrocarbons and ozone are responsible for significant negative impacts on human health . Impact on human health and the environment occurs via concentrations in ambient air . Although everyone is affected by those substances, certain groups are especially sensitive and vulnerable and more likely to experience adverse health effects, such as for example those with specific pre-existing health conditions (e.g. respiratory or cardiovascular diseases), pregnant women, newborns, children, elderly people, people living in poverty, people with disabilities or people with inadequate access to medical care. Those groups should be informed and protected, and health inequalities should be reduced. Some outdoor workers, such as road workers and people working in airports and ports, are particularly exposed to high levels of air pollution. They should also receive proper information and protection.
2023/04/03
Committee: ENVI
Amendment 245 #
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 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.
2023/04/03
Committee: ENVI
Amendment 251 #
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, ozone,lead, benzene, carbon monoxide, arsenic, cadmium, nickel and polycyclic aromatic hydrocarbons in 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 255 #
Proposal for a directive
Recital 22
(22) The ozone target values and long- term objectives of ensuring effective protection against harmful effects on human health and vegetation and ecosystems from exposure to ozone should be updated in light of the most recent recommendations of the World Health Organization . The target values should be replaced by limit values in order to ensure better protection of human health and the environment.
2023/04/03
Committee: ENVI
Amendment 258 #
Proposal for a directive
Recital 23
(23) An alert and information thresholds for sulphur dioxide, nitrogen dioxide, particulate matter (PM10 and PM2.5) and ozone, and an information threshold for ozone, should be set for the protection of the general population ,and vulnerable and sensitive sections, respectively, from brief exposures to elevated ozone concentrations. Those thresholds should trigger the dissemination of information to the public on the risks of exposure and the implementation, if appropriate, of short- term measures to reduce pollution levels where the alert threshold is exceeded. Alert and information thresholds are not set for the other regulated pollutants, as evidence on the health effects of those pollutants often considers long-term exposure effects. The review contract with the WHO Office for Europe referred to in Article 3 should require the WHO to provide information on short-term exposure effects vith a view to allowing the future introduction of alert and information thresholds for those pollutants.
2023/04/03
Committee: ENVI
Amendment 273 #
Proposal for a directive
Recital 31 a (new)
(31 a) The primary objective of this Directive is to ensure that levels of air pollutants are below the established air quality standards and no longer harmful to human health and natural ecosystems. While this Directive sets up provisions for the adoption of air quality plans in the event of exceedances of air quality standards after their attainment deadline, such plans should be the exception and should urgently address the grave dangers to human health caused by the exceedance of limit values after the attainment deadline. As clarified by the case-law of the Court of Justice1a, the provisions on air quality plans do not allow for the extension of the deadline for complying with air quality standards. The fact that an air quality plan has been drawn up does not, in itself, mean that a Member State has nevertheless fulfilled its obligations to ensure that levels of air pollutants do not exceed the air quality standards established by this Directive. _________________ 1a Case C-644/18 Judgment of the Court (Grand Chamber), 10 November 2020; European Commission v Italian Republic, paragraph 154. Case C-404/13 Judgment of the Court (Second Chamber) of 19 November 2014, ClientEarth v The Secretary of State for the Environment, Food and Rural Affairs, paragraph 49.
2023/04/03
Committee: ENVI
Amendment 274 #
Proposal for a directive
Recital 32
(32) Air quality plans should also be prepared ahead of 2030 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 levels of pollutants in ambient air exceed the limit values or average exposure obligations to be attained by 2030. Air quality plans should comprise all the measures necessary to comply with those standards and should include a trajectory for the reduction of thate levels of pollutants are reduced accordinglywith 2028 intermediate values, to ensure continuous progress.
2023/04/03
Committee: ENVI
Amendment 290 #
Proposal for a directive
Recital 39
(39) As clarified by the case-law of the Court of Justice51, Member States may not restrict legal standing to challenge a decision of a public authority to those members of the public concernedwho participated in the preceding administrative procedure to adopt that decision. As also clarified by the case-law of the Court of Justice52, effective access to justice in environmental matters and effective remedies requires inter alia that members of the public concerned should have the right to ask the court or a competent independent and impartial body to order interim measures to prevent a given instance of pollution. Therefore, it should be specified that legal standing should not be made conditional on the role that the concernedmember of the public played during a participatory phase of the decision-making procedures under this Directive. In addition, any review procedure should be fair, equitable, timely and not prohibitively expensive, and provide for adequate and effective redress mechanisms, including injunctive relief as appropriate. _________________ 51 Case C–826/18, Judgment of the Court (First Chamber) of 14 January 2021; LB and Others v College van burgemeester en wethouders van de gemeente Echt- Susteren; paragraphs 58 and 59. 52 Case C-416/10 Judgment of the Court (Grand Chamber), 15 January 2013; Jozef Križan and Others v Slovenská inšpekcia životného prostredia.Križan, paragraph 109.
2023/04/03
Committee: ENVI
Amendment 301 #
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 the most up-to-date scientific evidence, thus contributing to a toxic-free environment at the latest by 2050.
2023/04/03
Committee: ENVI
Amendment 307 #
Proposal for a directive
Article 1 – paragraph 2
2. This Directive sets intermediate limit values, targeo be met as soon as possible and by the year 2028 at the latest, limit values, average exposure reduction obligations, and average exposure concentration objectives, to be met as soon as possible and by the year 2030 at the latest, and critical levels, information thresholds, alert thresholds and long-term objectives (‘air quality standards’) to be met by the year 2030, and, which are all to be regularly reviewed thereafter in accordance with Article 3.
2023/04/03
Committee: ENVI
Amendment 323 #
Proposal for a directive
Article 1 – paragraph 3 a (new)
3 a. Finally, this Directive protects the individual right to breathe clean and healthy air, which follows from Articles 2, 3, 7, 35 and 37 of the Charter of Fundamental Rights of the European Union, and reduces health inequalities by protecting sensitive population and vulnerable groups from polluted air.
2023/04/03
Committee: ENVI
Amendment 326 #
Proposal for a directive
Article 2 – paragraph 1 – point 4
4. measures ensuring that the information on ambient air quality is made available to the public; in a harmonised manner across the Union.
2023/04/03
Committee: ENVI
Amendment 341 #
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 1
The review shall assess whether applicable air quality standards are still appropriatesufficient to achieve the objective of avoiding, preventing or reducing harmful effects on human health and the environment and whether additional air pollutants should be covered.
2023/04/03
Committee: ENVI
Amendment 343 #
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 prompt alignment with the most up-to-date World Health Organization (WHO) Air Quality Guidelines, the latest review by the WHO Regional Office for Europe, and the latest scientific information.
2023/04/03
Committee: ENVI
Amendment 351 #
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 3 – introductory part
For the purposes of the review, the Commission shall engage the World Health Organization Regional Office for Europe to monitor and review, on a regular basis and at least every five years, the scientific evidence on health effects of air pollution and shall take into account, inter alia, the following:
2023/04/03
Committee: ENVI
Amendment 354 #
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 3 – point a
(a) latest scientific information from WHO and other relevant organisations on health and environmental effects, health inequalities, direct and indirect healthcare costs associated with air pollution, and environmental costs due to damage to ecosystems, crops and forests,
2023/04/03
Committee: ENVI
Amendment 357 #
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 3 – point b
(b) behavioural, fiscal and technological developments impacting air quality and its assessment,
2023/04/03
Committee: ENVI
Amendment 365 #
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 3 – point d
(d) progress made in implementing national and Union reduction measures for pollutants and improving air quality.deleted
2023/04/03
Committee: ENVI
Amendment 374 #
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 3 a (new)
The advice and regular reviews provided by the WHO Regional Office for Europe referred to in the third subparagraph of this paragraph shall be made publicly available without delay.
2023/04/03
Committee: ENVI
Amendment 375 #
Proposal for a directive
Article 3 – paragraph 2 a (new)
2 a. By 31 December 2028, and every 5 years thereafter, the Commission shall review all relevant Union legislation setting emissions standards for sources of air pollution, and assess whether it provides a sufficient contribution to the achievement of the air quality standards established in this Directive.
2023/04/03
Committee: ENVI
Amendment 378 #
Proposal for a directive
Article 3 – paragraph 3
3. The European Environment Agency shall assist the Commission in carrying out the reviews.
2023/04/03
Committee: ENVI
Amendment 380 #
Proposal for a directive
Article 3 – paragraph 4
4. Where the Commission considers it appropriate, as a result of the review, it shall present a proposal to revise air quality standards or to cover other air pollutant referred to in paragraph 2, and in particular where the latest review by the WHO Regional Office for Europe or WHO Air Quality Guidelines points to adverse health effects of lower air pollutant concentrations, it shall present a proposal to revise air quality standards or to cover other air pollutants, in line with the non-regression principle. Where the Commission, in its review referred to in paragraph 2(a) new, concludes that Union legislation setting emissions standards for sources of air pollution does not make a sufficient contribution to the achievement of the standards established by this Directive, it shall, where appropriate, propose new Union measures.
2023/04/03
Committee: ENVI
Amendment 387 #
Proposal for a directive
Article 4 – paragraph 1 – point 21
(21) ‘objective estimation’ means an assessment method to obtain quantitative or qualitative information on the concentration or deposition level of a pollutant through expert judgement, which may include use of statistical tools, remote sensing, and in-situ sensors;deleted
2023/04/03
Committee: ENVI
Amendment 388 #
Proposal for a directive
Article 4 – paragraph 1 – point 23
(23) ‘urban background locations’ means places in urban areas where levels are representative of the exposure of both the general urban population and urban sensitive population and vulnerable groups;
2023/04/03
Committee: ENVI
Amendment 389 #
Proposal for a directive
Article 4 – paragraph 1 – point 24
(24) ‘rural background locations’ means places in rural areas with low population density where levels are representative of the exposure of both the general rural population and rural vulnerable population and sensitive groups;
2023/04/03
Committee: ENVI
Amendment 392 #
Proposal for a directive
Article 4 – paragraph 1 – point 26
(26) ‘limit value’ means a level which is not to be exceeded and which is fixed on the basis of scientific knowledge, with the aim of avoiding, preventing or reducing harmful effects on human health or the environment and which is to be attained within a given period and not to be exceeded once attained;
2023/04/03
Committee: ENVI
Amendment 394 #
Proposal for a directive
Article 4 – paragraph 1 – point 26 a (new)
(26 a) 'intermediary limit value’ means a level which is fixed with the aim of avoiding, preventing or reducing harmful effects on human health or the environment, and which, where possible, is to be attained within a given period and not to be exceeded once attained;
2023/04/03
Committee: ENVI
Amendment 395 #
Proposal for a directive
Article 4 – paragraph 1 – point 27
(27) ‘ ozone target value’ means a level fixed on the basis of scientific knowledge, with the aim of avoiding, preventing or reducing harmful effects from ozone on human health or the environment , to be complied with where possible over a given period;deleted
2023/04/03
Committee: ENVI
Amendment 399 #
Proposal for a directive
Article 4 – paragraph 1 – point 28
(28) ‘average exposure indicator’ means an average level determined on the basis of measurements at urban background locations throughout the territorial unit at NUTS 13 level as described in Regulation (EC) No 1059/2003, or, if there is no urban area 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 ; the average is weighted taking into account the population density which each sampling point is representative of;
2023/04/03
Committee: ENVI
Amendment 400 #
Proposal for a directive
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 13 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 and not to be exceeded once attained; _________________ 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).
2023/04/03
Committee: ENVI
Amendment 402 #
Proposal for a directive
Article 4 – paragraph 1 – point 30
(30) ‘ average exposure concentration objective ’ means a level of the average exposure indicator to be attained,, set with the aim of reducing harmful effects on human health , to be attained within a given period and not to be exceeded once attained;
2023/04/03
Committee: ENVI
Amendment 411 #
Proposal for a directive
Article 4 – paragraph 1 – point 39
(39) ‘sensitive population and vulnerable groups’ means those population groups that are permanently or temporarily more sensitive or more vulnerable to the effects of air pollution exposure than the average population, because of specific characteristics that make the health consequences of exposure more significant or because they have a higher sensitivity or a lower threshold for health effects or have a reduced ability to protect themselves, such as those with specific pre-existing health conditions, pregnant women, newborns, children, elderly people, people living in poverty or people with disabilities.
2023/04/03
Committee: ENVI
Amendment 418 #
Proposal for a directive
Article 5 – paragraph 1 – point a
(a) assessment of ambient air quality including roll-out and insurance of proper functioning of the monitoring network;
2023/04/03
Committee: ENVI
Amendment 420 #
Proposal for a directive
Article 5 – paragraph 1 – point c
(c) ensuring the accuracy of measurements and the transfer and sharing of measurement data;
2023/04/03
Committee: ENVI
Amendment 421 #
Proposal for a directive
Article 5 – paragraph 1 – point c a (new)
(c a) provision of public information;
2023/04/03
Committee: ENVI
Amendment 434 #
Proposal for a directive
Article 8 – paragraph 3 – subparagraph 1
In all zones where the level of pollutants exceeds a limit value established for those pollutants in Table 1 of Section 1 of Annex I or an ozone target value established in Section 2 of Annex I , modelling applications shall be used in addition to fixed measurements to assess the ambient air quality.
2023/04/03
Committee: ENVI
Amendment 436 #
Proposal for a directive
Article 8 – paragraph 4
4. In all zones where the level of pollutants is below the assessment threshold established for those pollutants, a combination of modelling applications, and indicative measurements, objective-estimation techniques, or a combination thereof shall be sufficient for the assessment of the ambient air quality.
2023/04/03
Committee: ENVI
Amendment 437 #
Proposal for a directive
Article 8 – paragraph 5
5. If modelling or indicative measurements shows an exceedance of any limit value or ozone target value in an area of the zone not covered by fixed measurements, additional fixed or indicativefixed measurement stations shall be used during at least 1 calendar yearinstalled within 3 months after the exceedance was recorded, to assess the concentration level of the relevant pollutant.
2023/04/03
Committee: ENVI
Amendment 439 #
Proposal for a directive
Article 8 – paragraph 7
7. In addition to monitoring required under Article 10, Member States shall, where applicable, monitor ultrafine particles levels, black carbon, ammonia and mercury in accordance with Point D of Annex III and Sections 3, 3a, 3b and 3c of Annex VII.
2023/04/03
Committee: ENVI
Amendment 448 #
(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 percover the full calendar year;
2023/04/03
Committee: ENVI
Amendment 450 #
Proposal for a directive
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 necessary due to special circumstances, including spatial development. Relocation of sampling points shall be done within their area of spatial representativeness, ensure continuity of measurements and be based on modelling results.
2023/04/03
Committee: ENVI
Amendment 454 #
Proposal for a directive
Article 10 – paragraph 1 – subparagraph 1
Each Member State shall establish at least one monitoring supersite per 10 million inhabitants at an urban background location. Member States that have fewer than 10 million inhabitants shall establish at least one monitoring supersiteNUTS 3 territorial unit as described in Regulation (EC) No 1059/2003 at an urban background location.
2023/04/03
Committee: ENVI
Amendment 456 #
Proposal for a directive
Article 10 – paragraph 1 – subparagraph 2
Each Member State shall establish at least one monitoring supersite per 100 000 km2at a rural background location. Member States whose territory is less than 100 000 km2 shall establish at least one monitoring supersite NUTS 2 territorial unit as described in Regulation (EC) No 1059/2003at a rural background location.
2023/04/03
Committee: ENVI
Amendment 460 #
Proposal for a directive
Article 10 – paragraph 6 – point a
(a) fixed measurements of sulphur dioxide (SO2), carbon monoxide (CO), particulate matter (PM10 and PM2.5), nitrogen dioxide (NO2), ozone (O3), black carbon (BC), ammonia (NH3) and ultrafine particles (UFP).
2023/04/03
Committee: ENVI
Amendment 463 #
Proposal for a directive
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, lead, benzene, benzo(a)pyrene and the other polycyclic aromatic hydrocarbons referred to in Article 8(6), irrespective of concentration levels.
2023/04/03
Committee: ENVI
Amendment 467 #
Proposal for a directive
Article 12 – title
12 Requirements where levels are lower than the limit values , ozone target value and average exposure concentration objectives, but above the assessment thresholds
2023/04/03
Committee: ENVI
Amendment 476 #
Proposal for a directive
Article 12 – paragraph 2
2. In zones in which ozone levels are below the ozone targelimit value Member States shall take necessary measures to maintain those levels below the ozone targelimit 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 478 #
3. In territorial units at NUTS 13 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.
2023/04/03
Committee: ENVI
Amendment 479 #
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 latest air quality guidelines and reviews published by the WHO and below the assessment thresholds laid down in Annex II , and decrease health inequalities, paying particular attention to vulnerable population and sensitive groups.
2023/04/03
Committee: ENVI
Amendment 486 #
Proposal for a directive
Article 13 – title
13 Limit values, ozone target values and average exposure reduction obligation for the protection of human health
2023/04/03
Committee: ENVI
Amendment 489 #
Proposal for a directive
Article 13 – paragraph 1
1. Member States shall ensure that, throughout their zones , levels of ozone, 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.
2023/04/03
Committee: ENVI
Amendment 492 #
Proposal for a directive
Article 13 – paragraph 2
2.. For ozone, 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 , asong-term objectives for ozone laid down in Section 2, Point BC, of Annex I, are attained .
2023/04/03
Committee: ENVI
Amendment 494 #
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 13 level, where they exceed the average exposure concentration objectives set out in Section 5, Point C, of Annex I, but do not exceed the limit values set out in Table -1 of Annex I .
2023/04/03
Committee: ENVI
Amendment 497 #
Proposal for a directive
Article 13 – paragraph 6
6. The deadline for attaining the limit values laid down in Table 1 of Section 1 of Annex Ifor the pollutants referred to in Article 18(1) may be postponed in accordance with Article 18.
2023/04/04
Committee: ENVI
Amendment 498 #
Proposal for a directive
Article 15 – paragraph 1
1. The alert thresholds for concentrations of sulphur dioxide, nitrogen dioxide , ozone and particulate matter (PM10 and PM2.5) in ambient air shall be those laid down in Section 4, Point A of Annex I.
2023/04/04
Committee: ENVI
Amendment 499 #
Proposal for a directive
Article 15 – paragraph 2
2. The alert threshold and information threshold for sulphur dioxide, nitrogen dioxide, PM2.5 PM10 and ozone shall be that laid down in Section 4, Point B, of Annex I.
2023/04/04
Committee: ENVI
Amendment 503 #
Proposal for a directive
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, making use of different media and communication channels and ensuring broad public access outreach to the population, taking into account the digital divide.
2023/04/04
Committee: ENVI
Amendment 511 #
Proposal for a directive
Article 16 – paragraph 1 – point b
(b) NUTS 13 territorial units where exceedances of the level determined by the average exposure reduction obligations are attributable to natural sources.
2023/04/04
Committee: ENVI
Amendment 514 #
Proposal for a directive
Article 16 – paragraph 2
2. Member States shall provide the Commission with evidence demonstrating that all possible actions were taken to prevent, where relevant, the natural sources from causing the exceedances, evidence demonstrating that those natural sources were beyond their control, evidence demonstrating that, where the given natural sources were predictable, all actions possible were taken to compensate for the concentrations caused by those sources, and lists of any such zones and NUTS 13 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.
2023/04/04
Committee: ENVI
Amendment 518 #
Proposal for a directive
Article 16 – paragraph 3
3. Where the Commission has been informed of an exceedance attributable to natural sources in accordance with paragraph 2, it shall review the evidence and inform the Member State whether that exceedance shallmay not be considered as an exceedance for the purposes of this Directive.
2023/04/04
Committee: ENVI
Amendment 534 #
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 unusual 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 52 years for that particular zone , if the following conditions are met:
2023/04/04
Committee: ENVI
Amendment 535 #
Proposal for a directive
Article 18 – paragraph 1 – point -a (new)
(-a) the levels of pollutants in ambient air in the relevant zone exceed the limit values referred to in Table -1 of Section 1 of Annex I by a maximum of 10%;
2023/04/04
Committee: ENVI
Amendment 536 #
Proposal for a directive
Article 18 – paragraph 1 – point a
(a) an air quality plan is established in accordance with Article 19(4-1) and meeting the requirements listed in Article 19(5) to (7) for the zone to which the postponement would apply;
2023/04/04
Committee: ENVI
Amendment 537 #
Proposal for a directive
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 exceedance periods above the limit values will be kept as short as possible and how the limit values will be attained by the new postponed deadlines;
2023/04/04
Committee: ENVI
Amendment 542 #
Proposal for a directive
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 about and protected from the consequences of the postponement for human health and the environment;
2023/04/04
Committee: ENVI
Amendment 548 #
Proposal for a directive
Article 19 – paragraph -1 (new)
-1. Where, from [date of entry into force of this Directive] until 31 December 2027, the levels of pollutants in ambient air in a given zone or NUTS 3 territorial unit exceed 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 1 year after the exceedance was recorded, in order to attain the respective limit values by the attainment deadline.The air quality plan shall include a linear trajectory until 1 January 2030 with a milestone on 1 January 2028, by which date Member States shall endeavour to achieve levels of pollutants in ambient air not exceeding the intermediary limit values laid down in Table 1a of Section 1 of Annex I. Where, on 1 January 2028, the levels of pollutants in ambient air in a given zone or NUTS 3 territorial unit exceed any intermediary limit value that had to be attained by that date as laid down in Table 1a of Annex I, Member States shall, as soon as possible and no later than 1 July 2028, update their air quality plan and the measures therein and take additional and more effective measures in order to attain the limit values laid down in Table 1 of Section 1 of Annex I by the attainment deadline of 1 January 2030.
2023/04/04
Committee: ENVI
Amendment 551 #
Proposal for a directive
Article 19 – paragraph 1 – subparagraph 1
Where, after the expiration of the attainment deadlines referred to in Tables 1 and 2 of Section 1 of Annex I, in given zones, the levels of pollutants in ambient air exceed any limit value , laid down in Tables 1 and 2 Section 1 of Annex I, , Member States shall establish air quality plans for those zones as soon as possible and no later than 2 year6 months after the calendar year during which that exceedance of any limit value was recorded. Those air quality plans shall set out all appropriate measures to address the unacceptable dangers to human health caused by the exceedance of the limit value, to achieve the concerned limit value and to keep the exceedance period as short as possible, and in any case no longer than 32 years from the end of the calendar year idate on which the first exceedance was repcortded .
2023/04/04
Committee: ENVI
Amendment 558 #
Proposal for a directive
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 plan, 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.deleted
2023/04/04
Committee: ENVI
Amendment 565 #
Proposal for a directive
Article 19 – paragraph 2
2. 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. Where exceedances of the ozone target value persist during the fifth calendar year after the establishment of the air quality plan in the relevant NUTS 1 territorial unit, Member States shall update 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. For NUTS 1 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.deleted
2023/04/04
Committee: ENVI
Amendment 574 #
Proposal for a directive
Article 19 – paragraph 3 – subparagraph 1
Where in a given NUTS 13 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 13 territorial units as soon as possible and no later than 2 year6 months after the calendar year during which the exceedance of the average exposure reduction obligation was recorded. Those air quality plans shall set out appropriate 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 2 years from the date on which the exceedance was recorded.
2023/04/04
Committee: ENVI
Amendment 575 #
Proposal for a directive
Article 19 – paragraph 3 – subparagraph 1 a (new)
For zones where the ozone limit value or NUTS 3 territorial units where the average exposure reduction obligation are exceeded, Member States shall ensure that the relevant national air pollution control programme prepared pursuant to Article 6 of Directive (EU) 2016/2284 is updated as soon as possible and no later than 1 year after the exceedance of the ozone limit value or average exposure reduction obligation was recorded, and that additional and more effective measures are taken to address those exceedances. The update of the national air pollution control programme shall be additional to the adoption of all effective pollution abatement measures in the air quality plan.
2023/04/04
Committee: ENVI
Amendment 576 #
Proposal for a directive
Article 19 – paragraph 3 – subparagraph 2
Where exceedances of the average exposure reduction obligation persist during the fifth calendar year after the establishment of the air quality plan, 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.deleted
2023/04/04
Committee: ENVI
Amendment 580 #
Proposal for a directive
Article 19 – paragraph 3 a (new)
3 a. Member States shall lay down rules to provide that competent authorities at all relevant levels which bear responsibility, in full or in part, for the exceedance of any limit values referred to in Tables 1 and 2 of Section 1 of Annex I and of any average exposure reduction obligations referred to in Section 5 of Annex I, pay periodic fines starting from the calendar year during which the exceedance occurred and continuing for as long as such exceedance persists. The penalties provided for shall be effective, proportionate and dissuasive. The proceeds of the penalties shall not be paid into an account which ultimately benefits the budget from which the relevant competent authority receives its funding. This requirement is without prejudice to the power conferred to the Commission to launch infringement procedures, including with referral to the Court of Justice, which may impose financial sanctions, against Member States failing to attain any of the limit values and average exposure reduction obligations by the attainment deadlines.
2023/04/04
Committee: ENVI
Amendment 584 #
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 599 #
Proposal for a directive
Article 19 – paragraph 5 – subparagraph 1 – point c
(c) where appropriate, information on abatement measures listed in Point B, Points 1 and 2 of Annex VIII.
2023/04/04
Committee: ENVI
Amendment 602 #
Proposal for a directive
Article 19 – paragraph 5 – subparagraph 2
Member States shall consider includingWhen preparing air quality plans, Member States shall aim to minimise negative socio-economic impacts of the measures by providing adequate financial support to groups of the population with low socio-economic status. Member States shall include measures referred to in Article 20(2) and specific measures aiming at the protection of sensitive population and vulnerable groups , including children in their air quality plans . .
2023/04/04
Committee: ENVI
Amendment 614 #
Proposal for a directive
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, on draft air quality plans and any significant updates of air quality plans prior to their finalisation. Competent authorities that are responsible for implementing measures of an air quality plan shall sign a commitment clause to ensure timely and adequate implementation. _________________ 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).
2023/04/04
Committee: ENVI
Amendment 616 #
Proposal for a directive
Article 19 – paragraph 6 – subparagraph 1 a (new)
Member States shall ensure that before the time period for receiving comments from the public starts, the following is made available to the public on the internet, free of charge and without restricting access to registered users, and is communicated through other non- digital communication channels to groups with limited access to digital communication: (a) the draft air quality plan containing at least the information listed in Annex VIII; (b) a non-technical summary of the information referred to under point (a).
2023/04/04
Committee: ENVI
Amendment 620 #
Proposal for a directive
Article 19 – paragraph 6 – subparagraph 2
When preparing air quality plans, 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, including healthcare professionals and health insurance funds, and the relevant industrial federations are allowencouraged to take part in those consultations.
2023/04/04
Committee: ENVI
Amendment 625 #
Proposal for a directive
Article 19 – paragraph 7 a (new)
7 a. The Commission shall establish, by means of implementing acts, a template for the air quality plans. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 26(2). The Commission shall promote exchange of best practices among Member States through the EU Clean Air Forum and may issue guidance on the content of air quality plans.
2023/04/04
Committee: ENVI
Amendment 632 #
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, and, while taking into account socio-economic impacts and protecting groups of the population with low socio-economic status, 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, including the measures referred to in Annex VIIIa. Specific actions aiming at the protection of sensitive population and vulnerable groups, including children, and workers particularly exposed to air pollution, shall also be considered in the framework of those plans.
2023/04/04
Committee: ENVI
Amendment 640 #
Proposal for a directive
Article 20 – paragraph 5
5. Member States shall submit short- term action plans to the Commission within 2 months after their adoption. The Commission shall promote the exchange of best practices among Member States through the EU Clean Air Forum on short-term plans and may issue guidance on the content of those plans.
2023/04/04
Committee: ENVI
Amendment 652 #
Proposal for a directive
Article 22 – paragraph 1 – point a
(a) air quality in accordance with Annex points 1 and 3 of IX;
2023/04/04
Committee: ENVI
Amendment 657 #
Proposal for a directive
Article 22 – paragraph 1 – point d a (new)
(d a) the documentation sent to the Commission in relation to exceedances caused by natural sources referred to in Article 16(2);
2023/04/04
Committee: ENVI
Amendment 659 #
Proposal for a directive
Article 22 – paragraph 1 – point d b (new)
(d b) the documentation on site selection referred to in Annex IV, point 4, point D.
2023/04/04
Committee: ENVI
Amendment 660 #
Proposal for a directive
Article 22 – paragraph 1 – point e
(e) the effects of exceedances of limit values, ozone target values, average exposure reduction obligations and objectives, information thresholds and alert thresholds in a summary assessment ; the summary assessment shall include, where appropriate, further information and assessments on forest protection as well as information on pollutants covered by Article 10 and Annex VII.
2023/04/04
Committee: ENVI
Amendment 663 #
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 AgencyBy [1 year from the date of the entry into force of this Directive], Member States shall make available, through a public source providing hourly updates per measuring stations, an air quality index covering sulphur dioxide, nitrogen dioxide, particulate matter (PM10 and PM2.5), benzene, carbon monoxide, lead, arsenic, cadmium, nickel, benzo(a)pyrene, ammonia, mercury, ultrafine particles, black carbon and ozone, and using a template provided by the Commission. By [6 months from the date of the entry into force of this Directive], the Commission shall adopt implementing acts in accordance with Article 26 to establish a template for the air quality index. The template for the air quality index shall have a colour coding, shall be based on the latest recommended maximum pollutant concentration levels by the WHO, assign colours from yellow to red to concentration levels above the latest WHO maximum concentration levels and build on the air quality indices at European scale provided by the European Environmental Agency. The template for the air quality index shall also include information on the health impacts of air pollution from different concentration levels of each pollutant on the general population and on sensitive population and vulnerable groups, description of likely symptoms linked to exposure, recommended precautions to be taken broken down into precautions to be taken by the general population and vulnerable groups, to avoid exposure to air pollutants and to relieve the symptoms once exposure as happened. Such information shall be based on most up-to-date science. The Commission shall adapt the template as soon as new WHO recommended maximum pollutant concentration levels and new information on health impacts and precautions from the WHO Office for Europe and from the scientific community become available.
2023/04/04
Committee: ENVI
Amendment 668 #
Proposal for a directive
Article 22 – paragraph 2 a (new)
2 a. Member States shall ensure that information on symptoms associated with air pollution peaks and on air pollution exposure reduction and protection behaviours be displayed in an easy to understand format in areas and buildings frequented by sensitive population and vulnerable groups, such as social housing blocks, schools, playgrounds, and homes for the elderly.
2023/04/04
Committee: ENVI
Amendment 671 #
Proposal for a directive
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 accordance with Directive 2007/2/EC60and Directive (EU)2019/102461of the European Parliament and of the Council , with full consideration of the digital divide. _________________ 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).
2023/04/04
Committee: ENVI
Amendment 675 #
Proposal for a directive
Article 23 – paragraph 2 – introductory part
2. For the specific purpose of assessing compliance with the limit values, ozone target values, average exposure reduction obligations and objectives, and critical levels , the information referred to in paragraph 1 shall be made available to the Commission no later than 4 months after the end of each calendar year and shall include:
2023/04/04
Committee: ENVI
Amendment 677 #
Proposal for a directive
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 13 territorial unit ;
2023/04/04
Committee: ENVI
Amendment 680 #
Proposal for a directive
Article 23 – paragraph 2 – point b – introductory part
(b) the list of zones and NUTS 13 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 13 territorial units where the levels of one or more pollutants are higher than the target values or average exposure reduction obligations: and objectives:
2023/04/04
Committee: ENVI
Amendment 690 #
Proposal for a directive
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 concerning, including, but not limited to, those concerning the classification of zones referred to in Article 7, the network design, location and relocation of sampling points referred to in Article 9, 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:
2023/04/04
Committee: ENVI
Amendment 702 #
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.
2023/04/04
Committee: ENVI
Amendment 707 #
Proposal for a directive
Article 27 – paragraph 1 – subparagraph 3
The interest of any natural legal person 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, and 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 natural persons and organisations shall also be deemed to have rights capable of being impaired for the purposes of the first paragraph, point (b).
2023/04/04
Committee: ENVI
Amendment 712 #
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 20under this Directive.
2023/04/04
Committee: ENVI
Amendment 715 #
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. Member States shall ensure that the courts or other independent and impartial review bodies are able to apply effective coercive measures, including by setting periodic penalty payments starting from the moment of the first infringement to the moment of attainment of compliance.
2023/04/04
Committee: ENVI
Amendment 727 #
Proposal for a directive
Article 28 – paragraph 1
1. Member States shall ensure that natural persons who suffer damage to human health and well-being caused by a violation of the provisions of this Directive, including, but not limited to, Articles 13, 19(-1) to 19(4), 20(1) and 20(2), 21(1) second sub-paragraph and 21(3) of this Directive by a decision, act, or omission, delayed or ceased action by the competent authorities are entitled to compensation in accordance with this article.
2023/04/04
Committee: ENVI
Amendment 737 #
Proposal for a directive
Article 28 – paragraph 4 – subparagraph 1
Where a claim for compensation is supported by evidence showingfrom which it may be presumed that the violation referred to in paragraph 1 is the most plausible explanation forcaused or contributed to the occurrence of the damage of that person, the causal link between the violation and the occurrence of the damage shall be presumed.
2023/04/04
Committee: ENVI
Amendment 740 #
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 forwardprove that the violation did not cause or contribute to the occurrence of the damage suffered by the claimant.
2023/04/04
Committee: ENVI
Amendment 741 #
Proposal for a directive
Article 28 – paragraph 4 – subparagraph 2 a (new)
Member States shall ensure that, where the claimant has provided reasonably available evidence to support a claim for compensation and has reasonably substantiated that additional evidence lies in the control of the respondent or a third party, if requested by the claimant, the court or administrative authority is able to order that such evidence be disclosed by the respondent or the third party in accordance with national procedural law, subject to the applicable Union and national rules on confidentiality and proportionality. The violation of this Directive by the respondent shall be presumed when the respondent has failed to comply with an obligation to disclose evidence at its disposal, relevant for the assessment of the violation. Member States shall ensure that the person responsible for the violation shall have the right to rebut the presumption.
2023/04/04
Committee: ENVI
Amendment 744 #
Proposal for a directive
Article 28 – paragraph 4 a (new)
4 a. For the purpose of this Article, it shall be presumed that where limit values laid down in Section 1 of Annex I are exceeded, air pollution becomes harmful to human health and well-being of those exposed to it, in particular sensitive population and vulnerable groups, and it causes or contributes to the associated health effects. The association between the exceedance of the limit values and health effects shall be based on reliable relevant data, including, but not limited to, epidemiological studies.
2023/04/04
Committee: ENVI
Amendment 746 #
Proposal for a directive
Article 28 – paragraph 4 b (new)
4 b. Member States shall lay down the appropriate rules to the effect that, in the event that following a full examination of the evidence, doubt remains as to whether a violation referred to in paragraph 1 caused or contributed to the occurrence of damage, the relevant courts shall reach a decision based on the precautionary principle and thereby fall in favour of the claimant.
2023/04/04
Committee: ENVI
Amendment 760 #
Proposal for a directive
Article 29 – paragraph 3 – subparagraph 1 (new)
The Commission shall adopt by [6 months after entry into force of this Directive] implementing acts laying down common criteria for determining the amount of financial penalties. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 26(2).
2023/04/04
Committee: ENVI
Amendment 761 #
Proposal for a directive
Article 29 – paragraph 3 a (new)
3 a. The types of infringements subject to penalties shall be at least the following: (a) exceeding any limit value laid down in Section 1 of Annex I, in breach of Article 13(1); (b) exceeding the average exposure reduction obligation laid down in Section 5 of Annex I, in breach of Article 13(3); (c) failing to promptly adopt or implement adequate air quality plans pursuant to Article 19; (d) failing to promptly adopt or implement adequate short-term action plans pursuant to Article 20; (e) non-compliance with measures to reduce air pollution set out in air quality plans pursuant to Article 19 and short- term action plans pursuant to Article 20; (f) failing to take the necessary steps to inform the public in the event of information or alert thresholds being exceeded pursuant to Article 15(3); (g) failing to design the monitoring network and locate sampling points in accordance with the requirements in Article 9 and Annexes III, IV and V.
2023/04/04
Committee: ENVI
Amendment 763 #
Proposal for a directive
Article 29 – paragraph 3 b (new)
3 b. Member States shall ensure that the revenues from the financial penalties referred to in paragraph 1 are used in a fully transparent way to finance measures related to the improvement of air quality. The Commission may issue guidance on the use of the revenues, including for the setting up of clean air funds.
2023/04/04
Committee: ENVI
Amendment 764 #
Proposal for a directive
Article 31 – paragraph 1 – subparagraph 1
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Articles 1, 2 and 3, Article 4, points (2), (13), (14), (16), (18), (19), (21), (22), points (24) to (30), points (36), (37), (38) and (39), Articles 5 to 12, Article 13(1), (2), (3), (6) and (7), Article 15, Article 16(1) and (2), Articles 17 to 21, Article 22(1), (2) and (4), Articles 23 to 29 and Annexes I to IX by [insert date : twoone years after entry into force] at the latest .
2023/04/04
Committee: ENVI
Amendment 771 #
Proposal for a directive
Annex I – Section 1 – table 1
Averaging period Limit value PM2.5 1 day 2 15 μg/m3 not to be exceeded more than 183 times per per calendar year Calendar year 10 μg/m³ PM10 1 day 5 μg/m³ PM10 1 day 45 μg/m3 not to be exceeded more than 183 times per per calendar year Calendar year 20 15 μg/m3 Nitrogen dioxide (NO2) 1 hour 200 μg/m3 not to be exceeded more than once per calendar year 1 day 1 day 250 μg/m3 not to be exceeded more than 183 times per per calendar year Calendar year 2 10 μg/m3 Sulphur dioxide (SO2) 1 hour 35 200 μg/m3 not to be exceeded more than once per calendar year 1 day 5 40 μg/m3 not to be exceeded more than 183 times per per calendar year Calendar year 20 μg/m3 Benzene Calendar year Ozone (O3) Maximum daily 8 - hours 100 μg/m3 not to be exceeded 3 times per calendar mean (1) year Peak season (2) 3,460 μg/m3 Benzene Calendar year 0,17 μg/m3 Carbon monoxide (CO) maximum daily 8 – hour mean 10 mg/m3 (1) (1) 1 day 4 mg/m3 not to be exceeded more than 183 times per per calendar year Lead (Pb) Calendar year 0,15 μg/m3 Arsenic (As) Calendar year 6,00,66 ng/m³ Cadmium (Cd) Calendar year 5,0 ng/m³ Nickel (Ni) Calendar year 20,5 ng/m³ Benzo(a)pyrene Calendar year 1,00,25 ng/m³ (1) The maximum daily 8-hour mean concentration will be selected by examining 8-hour running averages, calculated from hourly data and updated each hour. Each 8-hour average so calculated will be assigned to the day on which it ends i.e. the first calculation period for any 1 day will be the period from 17.00 on the previous day to 1.00 on that day; the last calculation period for any 1 day will be the period from 16.00 to 24.00 on that day. (2) Average of daily maximum 8-hour mean O3 concentration in the six consecutive months with the highest six-month running-average O3 concentration.
2023/04/03
Committee: ENVI
Amendment 777 #
Proposal for a directive
Annex I – Section 1 – table 1 a (new)
Table 1a (new) Intermediate limit values for the protection of human health to be attained by 1 January 2028 Averaging period Limit value PM2.5 1 day 25 μg/m3 not to be exceeded more than 3 times per calendar year Calendar year 10 μg/m³ PM10 1 day 45 μg/m3 not to be exceeded more than 3 times per calendar year Calendar year 20 μg/m3 Nitrogen dioxide (NO2) 1 hour 200 μg/m3 not to be exceeded more than once per calendar year 1 day 50 μg/m3 not to be exceeded more than 3 times per calendar year Calendar year 20 μg/m3 Sulphur dioxide (SO2) 1 hour 350 μg/m3 not to be exceeded more than once per calendar year 1 day 50 μg/m3 not to be exceeded more than 3 times per calendar year Calendar year 20 μg/m3 Ozone (O3) Maximum daily 8 - hours 120 μg/m3 mean (1) Peak season (2) 70 μg/m3 Benzene Calendar year 3,4 μg/m3 Carbon monoxide (CO) maximum daily 8 – hour 10 mg/m3 mean (1) 1 day 4 mg/m3 not to be exceeded more than 3 times per calendar year Lead (Pb) Calendar year 0,5 μg/m3 Arsenic (As) Calendar year 6,0 ng/m³ Cadmium (Cd) Calendar year 5,0 ng/m³ Nickel (Ni) Calendar year 20 ng/m³ Benzo(a)pyrene Calendar year 1,0 ng/m³ (1) The maximum daily 8-hour mean concentration will be selected by examining 8-hour running averages, calculated from hourly data and updated each hour. Each 8-hour average so calculated will be assigned to the day on which it ends i.e. the first calculation period for any 1 day will be the period from 17.00 on the previous day to 1.00 on that day; the last calculation period for any 1 day will be the period from 16.00 to 24.00 on that day. (2) Average of daily maximum 8-hour mean O3 concentration in the six consecutive months with the highest six-month running-average O3 concentration.
2023/04/03
Committee: ENVI
Amendment 782 #
Proposal for a directive
Annex I – Section 2 – title
2 SECTION 2 - OZONE LONG- TERM OBJECTIVES
2023/04/03
Committee: ENVI
Amendment 783 #
Proposal for a directive
Annex I – Section 2– point B – table
B. Ozone target values Objective Averaging period Target value Protection of Maximum daily 8- deleted 120 μg/m3 not to be exceeded human health hour mean (1) on more than 18 days per calendar year averaged over 3 years (2) Protection of the May to July AOT40 (calculated 18 000 μg/m3 × h environment from 1-hour averaged over 5 values) years (2) (1) The maximum daily 8-hour mean concentration shall be selected by examining 8-hour running averages, calculated from hourly data and updated each hour. Each 8-hour average so calculated shall be assigned to the day on which it ends. i.e. the first calculation period for any 1 day will be the period from 17.00 on the previous day to 1.00 on that day; the last calculation period for any 1 day wi Or. enJustification Given the extensive impacts of ozone on human health and the need to reduce the level of this pollutant in the ambient air, it is necessary to transform the currently applicable target value for this pollutant into a legally be the period from 16.00 to 24.00 on the day. (2) If the 3- or 5-year averages cannot be determined on the basis of a full and consecutive set of annual data, the minimum annual data required for checking compliance with the target values will be as follows: - for the target value for the protection of human health: valid data for 1 year, - for the target value for the protection of vegetation: valid data for 3 years. inding limit value. At the same time, for the sake of consistency, the ozone target value for the protection of the environment should be transformed into an ozone critical level.
2023/04/03
Committee: ENVI
Amendment 784 #
Proposal for a directive
Annex I – Section 2– point C – table
Objective Averaging period Long-term objective Protection of Maximum daily 8- 100 μg/m3 (1) human health hour mean within a calendar year Peak season (2) 60 μg/m3 (2) Protection of May to July AOT40 (calculated 6 000 μg/m3 × h vegetation from 1 h values) (1) 99th percentile (i.e. 3 exceedance days per year). (2) Average of daily maximum 8-hour mean O3 concentration in the six consecutive months with the highest six-month running- average O3 concentration. Or. enJustification Ozone concentrations peak in certain parts of the year, especially in regions with high emissions from traffic and industry. In regions away from the equator, in the northern hemisphere, this period will typically be in the warm season (summer) within a single calendar year. Consequently, possible exceedances are likely to be recorded during that period. The long-term objective for this pollutant should therefore be also linked to the peak season exposure in line with the 2021 WHO Guidelines.
2023/04/03
Committee: ENVI
Amendment 785 #
Averaging period Critical level Sulphur dioxide (SO2) Calendar year and winter (1 October to 31 20 μg/m3 March) Oxides of nitrogen (NOx) Calendar year 30 μg/m3 NOx Ammonia (NH3) Calendar year 3 μg/m3 Ozone (O3) May to July AOT40 18 000 μg/m3 × h (calculated from 1 averaged over 5 h values) years (1) If the 5-year averages cannot be determined on the basis of a full and consecutive set of annual data, the minimum annual data required for checking compliance with the critical level will be valid data for 3 years. Or. enJustification For the sake of consistency with the other pollutants having adverse effect on the ecosystem, the ozone target value for the protection of the environment should be transformed into an ozone critical level. Moreover, critical level for ammonia should be also introduced, in line with the provisions of the Convention on Long Range Transboundary Air Pollution (LRTAP) and the values recommended by the group of experts under the Convention.
2023/04/03
Committee: ENVI
Amendment 786 #
Proposal for a directive
Annex I – Section 4 – point A – title
A Alert thresholds for pollutants other than ozone
2023/04/03
Committee: ENVI
Amendment 787 #
Proposal for a directive
Annex I – Section 4 – Point A – table
Pollutant Alert threshold Sulphur dioxide (SO2) 5200 μg/m3 Nitrogen dioxide (NO2) 4100 μg/m3 PM2.5 50 μg/m3 PM10 90 μg/m3 Ozone (O3) 240 μg/m3
2023/04/03
Committee: ENVI
Amendment 789 #
Proposal for a directive
Annex I – Section 4 – Point B – title
B Information and alert thresholds for ozonethresholds
2023/04/03
Committee: ENVI
Amendment 790 #
Proposal for a directive
Annex I – Section 4 – Point B – table
Purpose Pollutant Averaging period Threshold Information 1 hourInformation threshold Sulphur dioxide (SO2) 40 μg/m3 Nitrogen Dioxide (NO2) 25 μg/m3 PM2.5 1805 μg/m3 AlertPM10 1 hour (1)45 μg/m3 Ozone (O3) 24 180 μg/m3 (1) For the implementation of Article 20, the exceedance of the threshold is to be measured or predicted for 3 consecutive hours. Or. enJustification There are certain risks to human health from brief exposure for particularly sensitive population and vulnerable groups to pollutants other than ozone, such as SO2, NO2, PM2.5 and PM10. It is therefore prudent to include in the Directive information thresholds also for those pollutants. The numerical values for newly introduced information thresholds are based on those of the Canadian air quality legislation.
2023/04/03
Committee: ENVI
Amendment 793 #
Proposal for a directive
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 in territorial units at NUTS 13 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 13 territorial unit. The AEI for a particular year shall be the mean concentration of that same year and the preceding 2 years.
2023/04/03
Committee: ENVI
Amendment 797 #
Proposal for a directive
Annex I – Section 5 – point B – paragraph 1 – introductory part
As fromIn 2030, the AEI shall not exceed a level that is:
2023/04/03
Committee: ENVI
Amendment 798 #
Proposal for a directive
Annex I – Section 5 – point B – paragraph 1 – indent 1
– for PM2.5, 25% lower than the AEI was 105 years before or the limit value for levels of PM2.5 over a calendar year laid down in Table 1 of Section 1 of Annex I, whichever is lower, unless it is already no higher than the average exposure concentration objective for PM2.5 defined in Section C.
2023/04/03
Committee: ENVI
Amendment 801 #
Proposal for a directive
Annex I – Section 5 – point B – paragraph 1 – indent 2
– for NO2, 25% lower than the AEI was 105 years before, or the limit value for levels of NO2 over a calendar year laid down in Table 1 of Section 1 of Annex I, whichever is lower, unless it is already no higher than the average exposure concentration objective for NO2 defined in Section C.
2023/04/03
Committee: ENVI
Amendment 805 #
Proposal for a directive
Annex I – Section 5 – point B – paragraph 1 a (new)
As from 2031, the AEI for PM2.5 and NO2, shall not exceed the level that is 5% lower than the AEI of the previous year, unless it is already not higher than the average exposure concentration objective set out in Section C.
2023/04/03
Committee: ENVI
Amendment 809 #
Proposal for a directive
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 points. For nitrogen dioxide, particulate matter, benzene, sulphur dioxide 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.
2023/04/03
Committee: ENVI
Amendment 812 #
Proposal for a directive
Annex III – Part A – point 1 – table 1
Minimum number of sampling points if concentrations exceed the Population assessment threshold of zone NO2, SO2, Sum Minimum Minimum Pb, Cd, Benzo(a)pyrene (thousands) CO, benzene PM (1) PM10 PM2.5 As, NiCd, in PM10 (1) inAs, Ni in PM10 0 - 249 2 4 2 2 1 1 1 250 - 499 2 4 2 2 1 1 500 - 749 24 4 2 2 1 1 750 - 999 34 4 2 2 2 2 1 000 - 1 46 6 2 2 2 2 499 499 1 500 - 1 57 7 3 3 3 2 2 999 999 2 000 - 2 68 8 3 3 3 2 3 749 749 2 750 - 3 7 10 10 4 4 2 3 749 749 3 750 - 4 8 11 11 4 4 3 4 749 749 4 750 - 5 9 13 13 5 5 5 4 5 999 999 6 000+ 105 15 5 5 5 5 5 (1) The number of PM2.5 and NO2 sampling points in the urban background locations of urban areas shall meet the requirements set out in Point B. Or. enJustification In order to effectively measure the level of pollutants more sampling points are necessary in zones with high habitant members. Especially for NO2 more measuring points are necessary, as it is a gas, which is distributed over a smaller area.
2023/04/03
Committee: ENVI
Amendment 816 #
Proposal for a directive
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 12 2 1 1 1 1 750 - 999 2 2 1 1 1 1 1 000 - 1 499 2 3 3 1 1 1 1 1 1 1 500 - 1 999 3 4 4 2 2 2 1 1 1 2 000 - 2 749 3 4 4 2 2 2 1 1 2 2 750 - 3 749 4 5 5 2 2 2 1 1 2 3 750 - 4 749 4 6 6 2 2 2 2 2 4 750 - 5 999 5 7 7 3 3 3 2 2 3 6 000+ 5 8 8 3 3 3 3 3 3 (1) The number of PM2.5 and NO2 sampling points in the urban background locations of urban areas shall meet the requirements set out in Point B. Or. enJustification To adjust to the minimum number of sampling points required in Table 1 of this Annex.
2023/04/03
Committee: ENVI
Amendment 820 #
Proposal for a directive
Annex III – Part B
B Minimum number of sampling points for fixed measurement to assess compliance with the PM25 and NO2 average exposure reduction obligations for the protection of human health For PM2.5 and NO2 each, one sampling point per NUTS 1 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.deleted
2023/04/03
Committee: ENVI
Amendment 822 #
Proposal for a directive
Annex III – Part D – title
D Minimum number of sampling points for fixed measurements of ultrafine particles, black carbon, mercury and ammonia where high concentrations are likely to occur
2023/04/03
Committee: ENVI
Amendment 823 #
Proposal for a directive
Annex III – Part D – paragraph 1
Ultrafine particles number concentrations, black carbon, mercury and ammonia shall be monitored at selected locations in addition to other air pollutants. Sampling points to monitor ultrafine particles and black carbon 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 5 million inhabitants shall be established at a location where high UFPreferred to in Point A, and be sited in accordance with Section 3 of Annex VII. Sampling points to monitor ammonia shall coincide, where appropriate, with sampling points for particulate matter referred to in Point A, and be sited in accordance with Section 3 of Annex VII. Sampling points to monitor mercury shall be sited in accordance with Section 3 of Annex VII. For this purpose, at least 1 sampling point per 500 thousand inhabitants shall be established at a location where high UFP concentrations are likely to occur, at least 1 sampling point per 500 thousands inhabitants shall be established at a location where high BC concentrations are likely to occur, 1 sampling point per 1 million inhabitants shall be established at a location where high mercury concentrations are likely to occur, and at least 1 sampling point per 500 thousand inhabitants shall be established at a location where high NH3 concentrations are likely to occur. Member States that have fewer than 500 thousand inhabitants shall establish at least 1 fixed sampling point at a location where high UFP, 1 sampling point at a location where high BC and 1 sampling point at a location where high NH3 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 UFPmercury concentrations are likely to occur.
2023/04/03
Committee: ENVI
Amendment 825 #
Proposal for a directive
Annex III – Part D – paragraph 2
Monitoring supersites at urban background or rural background locations established in accordance with Article 10 shall not be included for the purpose of meeting the requirements on the minimum number of sampling points for UFP, BC and NH3 set here.
2023/04/03
Committee: ENVI
Amendment 831 #
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), including in the vicinity of all pollution hotspots such as industries, farms, airports and ports, and streets where the highest concentrations occur and where traffic density is the highest,
2023/04/03
Committee: ENVI
Amendment 833 #
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 representative of the exposure of the general population, andboth in urban and rural backgrounds,
2023/04/03
Committee: ENVI
Amendment 835 #
Proposal for a directive
Annex IV – Part B – point 2 – point a – point ii a (new)
(iia) concentration levels in areas referred to in points (i) and (ii) which are frequented by vulnerable population and sensitive groups, including, but not limited to, schools, hospitals, homes for the elderly, social housing units,
2023/04/03
Committee: ENVI
Amendment 837 #
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 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 feasibleat locations measuring the pollution from road traffic shall in general be sited in such a way that the air sampled is representative of air quality for a street segment no less than 100 m in length;
2023/04/03
Committee: ENVI
Amendment 839 #
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 updownwind of the sampling point, following the main wind direction or directions. 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 representative for several square kilometres;
2023/04/03
Committee: ENVI
Amendment 844 #
Proposal for a directive
Annex IV – Part B – point 2 – point e
(e) where the objective is to assess rural background levels, the sampling point shall not be influenced by urban areas or industrial sites in its vicinity, i.e. sites closer than 5 kmsampling points in rural background locations shall be located so that they are not influenced by urban areas and so that their pollution level is influenced by all relevant sources, such as industrial sites and farms, and not just one, unless the situation is typical of a larger rural area;
2023/04/03
Committee: ENVI
Amendment 845 #
Proposal for a directive
Annex IV – Part B – point 2 – point f
(f) where contributions from industrial sources, farms, ports orand airports are to be assessed, at least 1 sampling point shall be installed downwind of the source in the nearest residential area and at least 1 sampling point shall be installed so that the air sampled is representative of the quality of the air breathed by the population working in and around industrial sites, farms, ports and airports, without prejudice to Article 4(1). 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;
2023/04/03
Committee: ENVI
Amendment 853 #
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) and 42 m above the ground. Higher siting (up to 84 m) may be appropriate in rural background locations if the sampling point is representative of a large rural area (a rural background location) or in other specific circumstances and any derogations. The decision to apply such higher siting shall be fully documented;
2023/04/03
Committee: ENVI
Amendment 861 #
Proposal for a directive
Annex IV – Part D – point 3
3. The documentations shall include any deviation from the micro-scale siting criteriaproof of compliance with the requirements for macro- and micro-scale siting of sampling points referred to in points B and C of this Annex and any deviation from such requirements, their underlying reasons and the likely impact on measured levels.
2023/04/03
Committee: ENVI
Amendment 864 #
Proposal for a directive
Annex IV – Part D – point 10 a (new)
10a. The competent authorities responsible for air quality assessment shall ensure that monitoring sites operate properly and provide reliable and at least hourly data throughout their entire lifetime. They shall carry out and document regular checks and maintenance and make the documentation public through appropriate communication channels.
2023/04/03
Committee: ENVI
Amendment 865 #
Proposal for a directive
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 measurement 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 40 25 % 1,4 Benzene 0,70425 μg/ m3 25 % 1,20,05 μg/ m3 350 % 1,7 1,7 Lead 0,120375 μg/ m3 25 % 0,17045 μg/ m3 350 % 1,7 Arsenic 2,40,26 ng/ m3 40 % 3,00,33 ng/ m3 50 % 1,1 1,1 Cadmium 2,0 ng/ m3 40 % 2,5 ng/ m3 50 % 1,1 1,1 Nickel 81,0 ng/ m3 40 % 10,0,25 ng/ m3 50 % 1,1 1,1 Benzo(a)pyre 0,125 ng m3 50 % 0,615 ng/ m3 60 % 1,1 ne 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. Or. enJustification While technologies for air quality monitoring are improving, the Commission proposal introduced wider margin of uncertainties compared to the current AAQD. The introduced changes are to bring the numbers in line with the current AAQD and with the amended limit values in Table 1 Section 1 of Annex I.
2023/04/03
Committee: ENVI
Amendment 867 #
Proposal for a directive
Annex V – Part A – point 2 – table
Air pollutant Maximum uncertainty of fixed Maximum uncertainty of Maximum measurements indicative measurements (1) ratio of uncertainty of modelling and objective estimation over uncertainty of fixed measurements Absolute Relative value Absolute value Relative Maximum value value ratio PM2.5 (24- 6,33,75 μg/m3 25 % 8,85,25 μg/m3 35 % 2,5 hour) PM10 (24- 11,325 μg/m3 25 % 22,5 μg/m3 50 % 2,2 hour) NO2 (daily) 3,7,5 μg/m3 15 % 12,6,25 μg/m3 25 % 3,2 NO2 (hourly) 30 μg/m3 15 % 50 μg/m3 25 % 3,2 SO2 (daily) 7,56,0 μg/m3 15 % 12,50,0 μg/m3 25 % 3,2 SO2 (hourly) 52,530 μg/m3 15 % 87,50 μg/m3 25 % 3,2 CO (24-hour) 0,6 mg/m3 15 % 1,0 mg/m3 25 % 3,2 CO (8-hour) 1,0 mg/m3 10 % 2,0 mg/m3 20 % 4,9 Ozone (peak 10,59,0 μg/m3 15 % 17,55,0 μg/m3 25 % 1,7 season): uncertainty of the 8h values Ozone (8h 18 μg/m3 15 % 30 μg/m3 25 % 2,2 mean) mean) 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. Or. enJustification The introduced changes are to bring the numbers in line with the amended limit values in Table 1 Section 1 of Annex I.
2023/04/03
Committee: ENVI
Amendment 874 #
Proposal for a directive
Annex VII – Section 2 – point B – paragraph 1
Measurement of ozone precursor substances shall include at least methane (CH4), nitrogen oxides (NO and NO2), and appropriate volatile organic compounds (VOC). The selection of the specific compounds to be measured completed by other compounds of interest will depend on the objective sought.
2023/04/03
Committee: ENVI
Amendment 876 #
Proposal for a directive
Annex VII – Section 3 a (new)
3a SECTION 3A- MEASUREMENT OF BLACK CARBON (BC) A. Objectives The objective of such measurements is to ensure that adequate information is available at locations where high concentrations of BC occur that are mainly influenced by sources from air, water, or road transport (such as airports, ports, roads), industrial sites or domestic heating. The information shall be appropriate to judge on enhanced levels of BC concentrations from those sources. B. Substances BC C. Siting Sampling points shall be established in accordance with Annex IV and V at a location where high BC concentrations are likely to occur and within the main wind direction.
2023/04/03
Committee: ENVI
Amendment 877 #
Proposal for a directive
Annex VII – Section 3 b (new)
3b SECTION 3B- MEASUREMENT OF AMMONIA (NH3) A. Objectives The objective of such measurements is to ensure that adequate information is available at locations where high concentrations of NH3 occur that are mainly influenced by sources from agricultural and animal farming (fields and grassland subject to application of fertiliser, stables and storages of manure). The information shall be appropriate to judge on enhanced levels of NH3 concentrations from those sources. B. Substances NH3 C. Siting Sampling points shall be established in accordance with Annex IV and V at a location where high NH3 concentrations are likely to occur and within the main wind direction.
2023/04/03
Committee: ENVI
Amendment 878 #
Proposal for a directive
Annex VII – Section 3 c (new)
3c SECTION 3C - MEASUREMENT OF MERCURY A. Objectives The objective of such measurements is to ensure that adequate information is available at locations where high concentrations of mercury occur that are mainly influenced by sources from energy production and industry. The information shall be appropriate to judge on enhanced levels of mercury concentrations from those sources. B. SUBSTANCES Mercury C. Siting Sampling points shall be established in accordance with Annex IV and V at a location where high mercury concentrations are likely to occur and within the main wind direction.
2023/04/03
Committee: ENVI
Amendment 882 #
Proposal for a directive
Annex VIII – Part A – point 2 – point b a (new)
(ba) concentrations or average exposure indicator registered during the exceedance period by each of the relevant sampling points and comparison with limit values or average exposure reduction obligation, duration of the exceedance period, amount of the overall excess pollution (in micro or nanograms/m3);
2023/04/03
Committee: ENVI
Amendment 883 #
Proposal for a directive
Annex VIII – Part A – point 2 – point b b (new)
(bb) estimation of health and environment impacts of the exceedances, including on sensitive population and vulnerable groups, and workers particularly exposed to air pollution, and analysis methods and assumptions used for such estimation;
2023/04/03
Committee: ENVI
Amendment 885 #
Proposal for a directive
Annex VIII – Part A – point 4 – point a
(a) list of the main emission sources and, where relevant, of the specific entities (e.g. industrial installations, airports, ports, and farms), responsible for pollution;
2023/04/03
Committee: ENVI
Amendment 887 #
Proposal for a directive
Annex VIII – Part A – point 4 – point b
(b) total quantity of emissions from these sources, and where relevant, specific entities (in tonnes/year);
2023/04/03
Committee: ENVI
Amendment 888 #
Proposal for a directive
Annex VIII – Part A – point 4 – point d
(d) source apportionment according to relevant sectors and, where relevant, apportionment to specific entities, that contribute to the exceedance in the national air pollution control programme.
2023/04/03
Committee: ENVI
Amendment 892 #
Proposal for a directive
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 planas soon as possible
2023/04/03
Committee: ENVI
Amendment 894 #
Proposal for a directive
Annex VIII – Part A – point 5 – point b
(b) estimated annual concentration reduction per air pollutant and year of compliance per air pollutant covered by the air quality plan taking into account measures referred to in point 6.
2023/04/03
Committee: ENVI
Amendment 897 #
Proposal for a directive
Annex VIII – Part A – point 6 – point a
(a) listing and description of all the measures set outalready in place for the reduction of air pollution, of all the possible measures which would allow further reduction of air pollution in the given zone, description of the measures retained in the air quality plan, including the identification of the competent authority in charge of their implementation, explanation of the reasons why the other measures were discarded;
2023/04/03
Committee: ENVI
Amendment 901 #
Proposal for a directive
Annex VIII – Part A – point 6 – point b
(b) quantification of emission reduction (in tonnes/year) of each measure under point (a), both individual and combined, under point (a), i.e. the measures already in place, the measures analysed but not included in the air quality plan and the measures retained in the air quality plan, including the method of analysis and the associated uncertainties; where measures analysed but not included in the air quality plan would have allowed greater emission reductions than the measures retained in the air quality plan, an explanation of the reasons why adoption of such measures was not possible;
2023/04/03
Committee: ENVI
Amendment 904 #
Proposal for a directive
Annex VIII – Part A – point 6 – point c
(c) timetable for implementation of each measure and responsible actoridentification, where relevant, of the natural and legal persons who have obligations arising from the measures set in the air quality plan and description of those obligations;
2023/04/03
Committee: ENVI
Amendment 906 #
Proposal for a directive
Annex VIII – Part A – point 6 – point d
(d) estimate of the concentration reduction in relation to the exceedance concerned, as a consequence of each air quality measure, in relation to the exceedanceboth individual and combined, under point (a), i.e. the measures already in place, the measures analysed but not included in the air quality plan and the measures retained in the air quality plan, including the method of analysis and the associated uncertainties; where measures analysed but not included in the air quality plan would have allowed greater concentration reductions than the measures retained in the air quality plan, an explanation of the reasons why adoption of such measures was not possible; quantification of the emission reduction by source and, where relevant, by the natural and legal persons concerned;
2023/04/03
Committee: ENVI
Amendment 911 #
Proposal for a directive
Annex VIII – Part A – point 7 a (new)
7a. Annex 2a: A summary of the public information and consultation measures undertaken pursuant to Article 19(6), their results and an explanation of how these results were taken into account in the final plan.
2023/04/03
Committee: ENVI
Amendment 913 #
Proposal for a directive
Annex VIII – Part B – point 2 – introductory part
2. Information on allWhen preparing air quality plans, Member States shall consider at least the following air pollution abatement measures that have been considered at local, regional or national level for implementation in connection with the attainment of air quality objectives, including:
2023/04/03
Committee: ENVI
Amendment 915 #
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 forcoal, biomass, gas stoves and boilers) are fitted with emission control equipment or replaced, and progressively phased-out and replaced by zero-emission alternatives, and that the energy efficiency of buildings is improved;
2023/04/03
Committee: ENVI
Amendment 927 #
Proposal for a directive
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;
2023/04/03
Committee: ENVI
Amendment 933 #
Proposal for a directive
Annex VIII – Part B – point 2 – point d
(d) measures to limit transport emissions through traffic planning and management (including congestion pricing, differentiated parking fees or other economic incentives; establishing urban vehicles access restrictions schemes, including low emission zones), including;
2023/04/03
Committee: ENVI
Amendment 934 #
Proposal for a directive
Annex VIII – Part B – point 2 – point d – point i (new)
(i) congestion pricing, road pricing and mileage-based user fees;
2023/04/03
Committee: ENVI
Amendment 935 #
Proposal for a directive
Annex VIII – Part B – point 2 – point d – point ii (new)
(ii) parking fees on all public land or other economic incentives to reduce unnecessary mobility by car and with differentiated fees for polluting and zero- emission vehicles;
2023/04/03
Committee: ENVI
Amendment 936 #
Proposal for a directive
Annex VIII – Part B – point 2 – point d – point iii (new)
(iii) establishing urban vehicles access restrictions schemes, including low emission zones in line with the most recent Euro standard, and zero-emission zones;
2023/04/03
Committee: ENVI
Amendment 937 #
Proposal for a directive
Annex VIII – Part B – point 2 – point d – point iv (new)
(iv) establishing low-traffic neighbourhoods and car-free neighbourhoods;
2023/04/03
Committee: ENVI
Amendment 938 #
Proposal for a directive
Annex VIII – Part B – point 2 – point d – point v (new)
(v) establishing car-free streets on weekends;
2023/04/03
Committee: ENVI
Amendment 943 #
Proposal for a directive
Annex VIII – Part B – point 2 – point e
(e) measures to encourage a shift towards less polluting forms of transport;modal shift from private vehicles towards active mobility and less polluting forms of transport (e.g. walking, cycling, public transport), including at least:
2023/04/03
Committee: ENVI
Amendment 945 #
Proposal for a directive
Annex VIII – Part B – point 2 – point e – point i (new)
(i) strengthening the public transport network; ensuring smooth inter-modality between rail and cycling in order to offer sustainable rural-urban commuting; reducing roads width for private vehicles and expanding infrastructure for public transport and bikes; expanding the EuroVélo network;
2023/04/03
Committee: ENVI
Amendment 946 #
Proposal for a directive
Annex VIII – Part B – point 2 – point e – point ii (new)
(ii) simplifying access to public transport through digital and interconnected booking; introducing real- time passenger information for transit users;
2023/04/03
Committee: ENVI
Amendment 947 #
Proposal for a directive
Annex VIII – Part B – point 2 – point e – point iii (new)
(iii) creating park and ride schemes;
2023/04/03
Committee: ENVI
Amendment 948 #
Proposal for a directive
Annex VIII – Part B – point 2 – point e – point iv (new)
(iv) planning for compact cities (e.g. 15-minute city);
2023/04/03
Committee: ENVI
Amendment 949 #
Proposal for a directive
Annex VIII – Part B – point 2 – point e – point v (new)
(v) introducing per-kilometre incentives for cycling and walking commute to work; eliminating fiscal incentives for company vehicles;
2023/04/03
Committee: ENVI
Amendment 953 #
Proposal for a directive
Annex VIII – Part B – point 2 – point g
(g) measure to ensure that lowzero emission fuels are given preference in small-, medium- and large-scale stationary sources and in mobile sources;
2023/04/03
Committee: ENVI
Amendment 955 #
Proposal for a directive
Annex VIII – Part B – point 2 – point h a (new)
(ha) measures to reduce emissions from agriculture, including nitrogen management systems, taking into account the whole nitrogen cycle, avoidance of urea-based fertilisers, livestock feeding strategies, including efficient use of protein in the diet, low-emission manure spreading techniques, low-emission manure storage systems, including covering of slurry stores, low-emission animal housing systems and frequent cleaning of livestock areas, reduction of livestock farming; while taking into account the upcoming revised UNECE Framework Code for Good Agricultural Practice for Reducing Ammonia Emissions;
2023/04/03
Committee: ENVI
Amendment 961 #
Proposal for a directive
Annex VIII – Part B – point 2 – point i
(i) measures to protect the health of children or other sensitive population group, such as school streets with limited or no access for cars (200 m around schools), and measures to protect the health of other sensitive population and vulnerable groups, including pregnant women and people living with asthma or other respiratory or cardio- vascular conditions.
2023/04/03
Committee: ENVI
Amendment 965 #
Proposal for a directive
Annex VIII a (new)
ANNEX VIIIa 1. Measures aimed at addressing the sources which contribute to the risk of the alert thresholds being exceeded: (a) restricting the circulation of private vehicles; (b) temporary free public transportation; (c) implementing stricter emission limits or suspending the operation of industrial facilities, or both; (d) suspending operations at construction works; (e) street cleaning; (f) flexible work arrangements; (g) restricting the use of solid fuels for domestic heating. 2. Measures aimed at protecting sensitive population and vulnerable groups: (a) permitting or mandating remote working; (b) closing nurseries and elementary schools; (c) introducing driving restrictions around nurseries, and elementary schools, hospitals and retirement homes. 3. Proactive steps to provide specific air pollution, health and health protection information both to the general public and to sensitive population and vulnerable groups, as soon as exceedances of information and alert thresholds and of limit values are projected: (a) including information on street billboards; (b) including air quality forecasts in weather forecasts on television and radio; (c) informing environmental organisations, consumer organisations, organisations representing the interests of sensitive population and vulnerable groups and other relevant health-care bodies; (d) disseminating information on impacts of air pollution levels forecasted or registered on human health to the general population and sensitive population and vulnerable groups; (e) disseminating information on steps that people can personally take to diminish their exposure and protect themselves; (f) using mobile phone applications and social media to disseminate live information and forecasts on air quality.
2023/04/03
Committee: ENVI
Amendment 966 #
Proposal for a directive
Annex IX – point 1 – point a
(a) hourly up-to-date data per sampling point of sulphur dioxide, nitrogen dioxide, particulate matter (PM10 and PM2.5), carbon monoxide benzene, lead, arsenic, cadmium, nickel, benzo(a)pyrene, polycyclic aromatic carbons, mercury, ultrafine particles, ammonia, black carbon and ozone. This shall apply to information from all sampling points where up-to-date information is available, and at least to information from the minimum number of sampling points required under Annex III. When available, up-to-date information resulting from modelling shall also be provided;
2023/04/03
Committee: ENVI
Amendment 967 #
Proposal for a directive
Annex IX – point 1 – point b
(b) measured concentrations of all pollutants and how they compare with information thresholds, alert thresholds, limit values and average exposure obligations, and with the most recent WHO recommended maximum concentrations, presented according to the appropriate periods as laid down in Annex I;
2023/04/03
Committee: ENVI
Amendment 968 #
Proposal for a directive
Annex IX – point 1 – point c – introductory part
(c) information on observed exceedance(s) of any limit value, ozinformatione target valuehreshold, alert threshold, and average exposure reduction obligation, including at least:
2023/04/03
Committee: ENVI
Amendment 969 #
Proposal for a directive
Annex IX – point 1 – point d – point i
(i) the health impacts of air pollution, and specifically of each pollutant measured under this Directive, on general population,
2023/04/03
Committee: ENVI
Amendment 970 #
Proposal for a directive
Annex IX – point 1 – point d – point ii
(ii) the health impacts of air pollution, and specifically of each pollutant measured under this Directive, on vulnerable groups,
2023/04/03
Committee: ENVI
Amendment 971 #
Proposal for a directive
Annex IX – point 1 – point d – point iv
(iv) recommended precautions to be taken, broken down into precautions to be taken by the general population, vulnerable groups, and workers particularly exposed to air pollution, to avoid exposure to air pollutants and to relieve the symptoms once exposure has happened,
2023/04/03
Committee: ENVI
Amendment 973 #
Proposal for a directive
Annex IX – point 2 – point a – indent 2
– type of threshold exceeded (information or alert), and how the registered exceedance compares with the relevant alert and/or information threshold,
2023/04/03
Committee: ENVI