[ParlTrack]

Proposal for a directive
Article 1 – paragraph 2

2. This Directive sets intermediate limit values, target values, average exposure reduction obligations, average exposure concentration objectives, critical levels, information thresholds, alert thresholds and long-term objectives (‘air quality standards’) to be met by the year 20305, and regularly reviewed thereafter in accordance with Article 3.

2023/04/03
Committee: ENVI

Esther DE LANGE

Proposal for a directive
Article 19 – paragraph 4 – subparagraph 1

Where from [insert year 2 years after entry into force of this Directive], until 31 December 2029 in a zone or NUTS 1 territorial unit, the levels of pollutants are above any limit value to be attained by 1 January 20305 as laid down in Table 1 of Section 1 of Annex I, Member States shall establish an air quality plan for the concerned pollutant as soon as possible and no later than 2 years after the calendar year during which the exceedance of the was recorded to attain the respective limit values or ozone target value by the expiration of the attainment deadline.

2023/04/04
Committee: ENVI

Esther DE LANGE

Proposal for a directive
Chapter VII – title

VII ACCESS TO JUSTICE~~, COMPENSATION~~ AND PENALTIES

2023/04/04
Committee: ENVI

Esther DE LANGE

Proposal for a directive
Article 28

Compensation for damage to human 1. Member States shall ensure that natural persons who suffer damage to human health caused by a violation of Articles 19(1) to 19(4), 20(1) and 20(2), 21(1) second sub-paragraph and 21(3) of this Directive by the competent authorities are entitled to compensation in accordance with this article. 2. Member States shall ensure that non- governmental organisations promoting the protection of human health or the environment and meeting any requirements under national law are allowed to represent natural persons referred to in paragraph 1 and bring collective actions for compensation. The requirements set out in Article 10 and Article 12(1) of Directive (EU) 2020/1828 shall mutatis mutandis apply to such collective actions. 3. Member States shall ensure that a claim for compensation for a violation can be pursued only once by a natural person referred to in paragraph 1 and by the non-governmental organisations representing the person referred to in paragraph 2. Member States shall lay down rules to ensure that the individuals affected do not receive compensation more than once for the same cause of action against the same competent authority. 4. Where a claim for compensation is supported by evidence showing that the violation referred to in paragraph 1 is the most plausible explanation for the occurrence of the damage of that person, the causal link between the violation and the occurrence of the damage shall be presumed. The respondent public authority shall be able to rebut this presumption. In particular, the respondent shall have the right to challenge the relevance of the evidence relied on by the natural person and the plausibility of the explanation put forward. 5. Member States shall ensure that national rules and procedures relating to claims for compensation, including as concerns the burden of proof, are designed and applied in such a way that they do not render impossible or excessively difficult the exercise of the right to compensation for damage pursuant to paragraph 1. 6. Member States shall ensure that the limitation periods for bringing actions for compensation as referred to in paragraph 1 are not less than 5 years. Such periods shall not begin to run before the violation has ceased and the person claiming the compensation knows, or can reasonably be expected to know, that he or she suffered damage from a violation as referred to in paragraph 1.Article 28 deleted health

2023/04/04
Committee: ENVI

Esther DE LANGE

Proposal for a directive
Annex I – Part 1 – paragraph 1

Table 1 – Limit values for the protection of human health to be attained by 1 January 20305

2023/04/03
Committee: ENVI

Esther DE LANGE

Proposal for a directive
Annex I – Section 5 – point B – paragraph 1 – introductory part

As from 20305, the AEI shall not exceed a level that is:

2023/04/03
Committee: ENVI

6 Amendments of Esther DE LANGE related to 2022/0347(COD)

ParlTrack - 2011-2024