48 Amendments of Frédérique RIES related to 2022/0347(COD)
Amendment 224 #
Proposal for a directive
Recital 10
Recital 10
(10) Modelling applications should be applied to enable point data to be interpreted in terms of geographical distribution of concentration , to help to detect breaches of air quality standards, and to inform air quality roadmaps and air quality plans and the placement of sampling points . In addition to the requirements for air quality monitoring defined in this Directive, for monitoring purposes, Member States are encouraged to exploit information products and supplementary tools (e.g. regular evaluation and quality assessment reports, policy online applications), provided by the Earth Observation component of the EU Space Programme, in particular the Copernicus Atmosphere Monitoring Service (CAMS).
Amendment 253 #
Proposal for a directive
Recital 21
Recital 21
(21) Ozone is a transboundary pollutant formed in the atmosphere from the emission of primary pollutants addressed by Directive 2016/2284/EU of the European Parliament and of the Council46. Progress towards the air quality targets and long-term objectives for ozone set in this Directive should be determined by the targets and emission reduction commitments provided for in Directive 2016/2284/EU and, by implementing cost- effective measures , air quality roadmapsand air quality plans . _________________ 46 Directive (EU) 2016/2284/EU of the European Parliament and of the Council of 14 December 2016 on the reduction of national emissions of certain atmospheric pollutants, amending Directive 2003/35/EC and repealing Directive 2001/81/EC (OJ L 344, 17.12.2016, p.1).
Amendment 276 #
Proposal for a directive
Recital 32
Recital 32
(32) Air quality planroadmaps should also be prepared ahead of 2030 for each pollutant where there is a risk that Member States will not attain the limit values or ozone target value by that date in order to ensure that levels of pollutants are reduced accordingly.
Amendment 282 #
Proposal for a directive
Recital 34
Recital 34
(34) Member States should cooperate with one another if, following significant pollution originating in another Member State, the level of a pollutant exceeds, or is likely to exceed, any limit value, ozone target value, average exposure reduction obligation or alert threshold. The transboundary nature of specific pollutants, such as ozone and particulate matter, may require coordination between neighbouring Member States in drawing up air quality roadmaps and in drawing up and implementing air quality plans and short- term action plans and in informing the public. Where appropriate, Member States should pursue cooperation with third countries, with particular emphasis on the early involvement of candidate countries. The Commission should be timely informed of and invited to assist in any such cooperation.
Amendment 286 #
Proposal for a directive
Recital 35
Recital 35
(35) It is necessary for the Member States and the Commission to collect, exchange and disseminate air quality information in order to understand better the impacts of air pollution and develop appropriate policies. Up-to-date information on concentrations of all regulated pollutants in ambient air as well as air quality plans, air quality roadmaps and short-term action plans should also be readily available to the public in a coherent and easily understandable manner.
Amendment 311 #
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Directive sets intermediate limit values, target values, average exposure reduction obligations, average exposure concentration objectives, critical levels, information thresholds, alert thresholds and long-term objectives (‘air quality standards’) to be met at the latest by the year 2030, and regularly reviewed thereafter in accordance with Article 3.
Amendment 348 #
In order to achieve the objectives set in Article 1, the review shall assess whether this Directive needs to be revised with a view to ensuring alignment with the most- up-to-date World Health Organization (WHO) Air Quality Guidelines and the latest scientific information.
Amendment 391 #
Proposal for a directive
Article 4 – paragraph 1 – point 24 a (new)
Article 4 – paragraph 1 – point 24 a (new)
(24 a) ‘air pollution hotspot’ means a place where pollution levels are higher than the average of the area due to the influence of heavy pollution sources, such as, but not limited to, congested and heavily trafficked roads, industrial plants, ports, or pollution intensive residential heating;
Amendment 398 #
Proposal for a directive
Article 4 – paragraph 1 – point 28
Article 4 – paragraph 1 – point 28
(28) ‘average exposure indicator’ means an average level determined on the basis of measurements at urban background locations and air pollution hotspots throughout the territorial unit at NUTS 12 level as described in Regulation (EC) No 1059/2003, or, if there is no urban area or air pollution hotspot located in that territorial unit, at rural background locations, and which reflects population exposure, used to check whether the average exposure reduction obligation and the average exposure concentration objective for that territorial unit have been met ;
Amendment 406 #
Proposal for a directive
Article 4 – paragraph 1 – point 36 a (new)
Article 4 – paragraph 1 – point 36 a (new)
(36 a) ‘air quality roadmaps’ means plans established before the attainment deadline that set out measures in order for Member States to comply with limit values, ozone target values or average exposure reduction obligations;
Amendment 425 #
Proposal for a directive
Article 5 – paragraph 1 – point h
Article 5 – paragraph 1 – point h
(h) establishment of air quality plans and air quality roadmaps;
Amendment 459 #
Proposal for a directive
Article 10 – paragraph 6 – point a
Article 10 – paragraph 6 – point a
(a) fixed measurements of particulate matter (PM10 and PM2.5), nitrogen dioxide (NO2), ozone (O3), black carbon (BC), ammonia (NH3) and ultrafine particles (UFP), irrespective of concentration levels and measurements of sulphur dioxide (SO2) and carbon monoxide (CO) where appropriate.
Amendment 462 #
(b) fixed or indicative measurements of fine particulate matter (PM2.5), irrespective of concentration levels, for the purposes of providing, as a minimum, information on their total mass concentration and their chemical speciation concentrations on an annual average basis in accordance with Section 1 of Annex VII;
Amendment 477 #
Proposal for a directive
Article 12 – paragraph 3
Article 12 – paragraph 3
3. In territorial units at NUTS 12 level as described in Regulation (EC) No 1059/2003 where the average exposure indicators for PM2.5 and NO2 are below the respective value of the average exposure concentration objectives for those pollutants as laid down in Section 5 of Annex I, Member States shall maintain the levels of those pollutants below the average exposure concentration objectives.
Amendment 496 #
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Member States shall ensure that the average exposure reduction obligations for PM2.5 and NO2 laid down in Section 5, Point B, of Annex I, are met throughout their territorial units at NUTS 12 level, where they exceed the average exposure concentration objectives set out in Section 5, Point C, of Annex I.
Amendment 500 #
Proposal for a directive
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
2 a. When any air pollutant exceeds its alert threshold, Member States shall without undue delay implement the emergency measures drawn up in their short-term action plans referred to in Article 20.
Amendment 504 #
Proposal for a directive
Article 15 – paragraph 3
Article 15 – paragraph 3
3. Where any alert threshold or any information threshold laid down in Section 4 of Annex I is exceeded, Member States shall take the necessary steps to inform the public within a few hours at the latest, in a coherent and easily understandable manner, making use of different media and communication channels and ensuring broad public access . .
Amendment 506 #
Proposal for a directive
Article 15 – paragraph 4
Article 15 – paragraph 4
4. Member States shall ensure that information about actual or predicted exceedances of any alert threshold or information threshold is provided to the public in a coherent and easily understandable manner as soon as possible in accordance with, points 2 and 3 of Annex IX.
Amendment 533 #
Proposal for a directive
Article 18 – paragraph 1 – introductory part
Article 18 – paragraph 1 – introductory part
1. Where, in a given zone , conformity with the limit values for particulate matter (PM10 and PM2.5) or nitrogen dioxide cannot be achieved by the deadline specified in Table 1 of Section 1 of Annex I, because of unpreventable site-specific dispersion characteristics, orographic boundary conditions, adverse climatic conditions or transboundary contributions, a Member State may postpone - that deadline once by a maximum of 5 years for that particular zone , if the following conditions are met:
Amendment 547 #
Proposal for a directive
Article 19 – title
Article 19 – title
19 Air quality plans and air quality roadmaps
Amendment 588 #
Proposal for a directive
Article 19 – paragraph 4 – subparagraph 1
Article 19 – paragraph 4 – subparagraph 1
Where from [insert year 2 years after entry into force of this Directive], until 31 December 2029 in a zone or NUTS 12 territorial unit, the levels of any pollutants are is above any limit value to be attained by 1 January 2030 as laid down in Table 1 of Section 1 of Annex I, Member States shall establish an air quality planroadmaps for the concerned pollutant, as soon as possible and no later than 2 years after the calendar year during which the exceedance of the was recordpollutant was measured, to attain the respective limit values or ozone target value by the expiration of the attainment deadline.
Amendment 593 #
Proposal for a directive
Article 19 – paragraph 4 – subparagraph 2
Article 19 – paragraph 4 – subparagraph 2
Where, for the same pollutant, Member States are required to establish an air quality planroadmap in accordance with this paragraph as well as an air quality plan in accordance with Article 19(1), they may establish a combined air quality plan in accordance with Article 19(5), (6) and (7) and provide information on the expected impact of measures to reach compliance for each limit value it addresses, as required by in Annex VIII, points 5 and 6. Any such combined air quality plan shall set out appropriate measures to achieve all related limit values and to keep all exceedance periods as short as possible.
Amendment 597 #
Proposal for a directive
Article 19 – paragraph 5 – subparagraph 1 – introductory part
Article 19 – paragraph 5 – subparagraph 1 – introductory part
Air quality plans and air quality roadmaps shall contain at least the following information:
Amendment 604 #
Proposal for a directive
Article 19 – paragraph 5 – subparagraph 3
Article 19 – paragraph 5 – subparagraph 3
Regarding the pollutants concerned, when preparing air quality plans or air quality roadmaps , Member States shall assess the risk of exceeding the respective alert thresholds. That analysis shall be used for establishing short-term action plans where applicable.
Amendment 606 #
Proposal for a directive
Article 19 – paragraph 5 – subparagraph 4
Article 19 – paragraph 5 – subparagraph 4
Where air quality plans or air quality roadmaps shall be established in respect of several pollutants or air quality standards , Member States shall, where appropriate, establish integrated air quality or air quality roadmaps plans covering all pollutants and air quality standards concerned.
Amendment 607 #
Proposal for a directive
Article 19 – paragraph 5 – subparagraph 5
Article 19 – paragraph 5 – subparagraph 5
Member States shall, to the extent feasible, ensure consistency of their air quality plans and air quality roadmaps with other plans that have a significant impact on air quality, including those required under Directive 2010/75/ EU of the European Parliament and of the Council58, Directives (EU) 2016/2284 and 2002/49/EC and under climate, energy, transport and agriculture legislation . _________________ 58 Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (OJ L 334, 17.12.2010, p. 17).
Amendment 615 #
Proposal for a directive
Article 19 – paragraph 6 – subparagraph 1
Article 19 – paragraph 6 – subparagraph 1
Member States shall consult the public, in accordance with Directive 2003/35/EC of the European Parliament and of the Council59, and the competent authorities, which, by reason of their responsibilities in the field of air pollution and air quality, are likely to be concerned by the implementation of the air quality plans and air quality roadmaps, on draft air quality plans and draft air quality roadmapsand any significant updates of air quality plans and air quality roadmapsprior to their finalisation. _________________ 59 Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003 providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment and amending with regard to public participation and access to justice Council Directives 85/337/EEC and 96/61/EC (OJ L 156, 25.6.2003, p. 17).
Amendment 617 #
Proposal for a directive
Article 19 – paragraph 6 – subparagraph 2
Article 19 – paragraph 6 – subparagraph 2
When preparing air quality plans and air quality roadmaps, Member States shall ensure that stakeholders whose activities contribute to the exceedance situation are encouraged to propose measures they are able to take to help end the exceedances and that non- governmental organisations, such as environmental organisations, consumer organisations, organisations representing the interests of sensitive population and vulnerable groups, other relevant health- care bodies and the relevant industrial federations are allowed to take part in those consultations. Member States shall make sure that relevant stakeholders and citizens are duly informed about the specific sources and air pollutants affecting air quality and the relevant air pollution mitigation measures that exist and are available on the market.
Amendment 623 #
Proposal for a directive
Article 19 – paragraph 7
Article 19 – paragraph 7
7. Air quality plans and air quality roadmaps shall be communicated to the Commission within 2 months after their adoption .
Amendment 633 #
Proposal for a directive
Article 20 – paragraph 2
Article 20 – paragraph 2
2. When drawing up the short-term action plans referred to in paragraph 1 Member States may, depending on the individual case, provide for effective measures to control and, where necessary, temporarily suspend activities which contribute to the risk of the respective limit values or target values or alert threshold being exceeded. Depending on the share of the main pollution sources to the exceedances to be addressed, those short- term action plans shall at least consider including measures in relation to transport , construction works, industrial installations and the use of products and domestic heating. Specific actions aiming at the protection of sensitive population and vulnerable groups, including children, shall also be considered in the framework of those plans.
Amendment 641 #
Proposal for a directive
Article 20 – paragraph 5 a (new)
Article 20 – paragraph 5 a (new)
5 a. Within one year after the entry into force of this Directive, the Commission shall adopt guidelines setting out best practice actions to take to reduce air pollution from air pollution hotspots for the drawing-up of short-term action plans. These examples shall be updated regularly.
Amendment 655 #
Proposal for a directive
Article 22 – paragraph 1 – point c
Article 22 – paragraph 1 – point c
(c) air quality plans and air quality roadmaps as provided for in Article 19;
Amendment 664 #
Proposal for a directive
Article 22 – paragraph 2
Article 22 – paragraph 2
2. Member States shall establish an air quality index covering sulphur dioxide, nitrogen dioxide, particulate matter (PM10 and PM2.5) and ozone, and make it available in a coherent and easily understandable manner through a public source providing an hourly update. The air quality index shall consider thebe comparable across all Member States and be aligned with the latest recommendations by the WHO and build on the air quality indices at European scale provided by the European Environmental Agency. The Commission shall by [12 months after the entry into force of this Directive] adopt implementing acts specifying how the air quality index shall be calculated and presented. The implementing acts shall be adopted in accordance with the examination procedure referred to Article 26(2).
Amendment 691 #
Proposal for a directive
Article 27 – paragraph 1 – subparagraph 1 – introductory part
Article 27 – paragraph 1 – subparagraph 1 – introductory part
Member States shall ensure that, in accordance with their national legal system, members of the public concerned have access to a review procedure before a court of law, or another independent and impartial body established by law, to challenge the substantive or procedural legality of all decisions, acts or omissions by Member States to be in compliance with this Directive including, but not limited to, those concerning air quality plans and air quality roadmaps referred to in Article 19, and short term action plans referred to in Article 20, of the Member State, provided that any of the following conditions is met:
Amendment 791 #
Proposal for a directive
Annex I – Section 5 – point A – paragraph 1
Annex I – Section 5 – point A – paragraph 1
The Average Exposure Indicator expressed in μg/m3 (AEI) shall be based upon measurements in urban background locations and air pollution hotspots in territorial units at NUTS 12 level throughout the territory of a Member State. It shall be assessed as a 3-calendar- year running annual mean concentration averaged over all sampling points of the relevant pollutant established pursuant to Point B of Annex III in each NUTS 12 territorial unit. The AEI for a particular year shall be the mean concentration of that same year and the preceding 2 years.
Amendment 800 #
Proposal for a directive
Annex I – Section 5 – point B – paragraph 1 – indent 1
Annex I – Section 5 – point B – paragraph 1 – indent 1
– for PM2.5, 25% lower than the AEI was 105 years before, unless it is already no higher than the average exposure concentration objective for PM2.5 defined in Section C.
Amendment 810 #
Proposal for a directive
Annex III – Part A – point 1 – paragraph 5
Annex III – Part A – point 1 – paragraph 5
For each zone, the minimum number of sampling points for fixed measurements set out in the tables in this point shall include at least 1 background location sampling point and 1 sampling point in the area with the highest concentrations according to Point B, of Annex IV provided this does not increase the number of sampling pointsan air quality hotspot according to Point B, of Annex IV. For nitrogen dioxide, particulate matter, benzene and carbon monoxide, this shall include at least 1 sampling point focused on measuring contribution from transport emissions. However, in the cases where there is only 1 sampling point required, this shall be in the area with the highest concentrations to which the population is likely to be directly or indirectly exposed.
Amendment 811 #
Proposal for a directive
Annex III – Part A – point 1 – paragraph 6
Annex III – Part A – point 1 – paragraph 6
For each zone, for nitrogen dioxide, particulate matter, benzene and carbon monoxide, the total number of urban background location sampling points and the total number of sampling points where the highest concentrations occurin air quality hotspots required shall not differ by more than a factor of 2. The number of PM2.5 and nitrogen dioxide sampling points at urban background locations and air quality hotspots shall meet the requirements set out in Point B.
Amendment 821 #
Proposal for a directive
Annex III – Part B – paragraph 1
Annex III – Part B – paragraph 1
For PM2.5 and NO2 each, one sampling point per NUTS 12 region as described in Regulation (EC) No 1059/2003, and at least 1 sampling point per million inhabitants calculated over urban areas in excess of 100 000 inhabitants shall be operated for this purpose. Those sampling points may coincide with sampling points under Point A.
Amendment 841 #
Proposal for a directive
Annex IV – Part B – point 2 – point c a (new)
Annex IV – Part B – point 2 – point c a (new)
(ca) air quality hotspot locations shall be covered by sufficient sampling points in all wind directions where there is a near residential area or an area where the population is likely to be directly or indirectly exposed for a period which is significant in relation to the averaging period of the limit or target value(s), including but not limited to schools, hospitals, assisted living facilities and office areas.
Amendment 872 #
Proposal for a directive
Annex VII – Section 1 – point A – paragraph 1
Annex VII – Section 1 – point A – paragraph 1
The main objectives of such measurements are to ensure that adequate information is made available on levels in urban background and rural background locations. This information is essential to judge the enhanced levels in more polluted areas (such as urban background, air quality hotspots, industry related locations, traffic related locations), assess the possible contribution from long- range transport of pollutants, support source apportionment analysis and for the understanding of specific pollutants such as particulate matter. It is also essential for the increased use of modelling also in urban areas.
Amendment 873 #
Proposal for a directive
Annex VII – Section 1 – point C – paragraph 1
Annex VII – Section 1 – point C – paragraph 1
Measurements shall be taken in urban background, air quality hotspots and rural background locations in accordance with Annex IV.
Amendment 879 #
Proposal for a directive
Annex VIII – title 1
Annex VIII – title 1
Information to be included in air quality roadmaps and air quality plans for improvement in ambient air quality
Amendment 881 #
Proposal for a directive
Annex VIII – Part A – point 2 – point a
Annex VIII – Part A – point 2 – point a
(a) type of zone (urban, industrial, air quality hotspot or rural area) or characteristics of NUTS 12 territorial unit (including urban, industrial, air quality hotspot or rural areas);
Amendment 884 #
Proposal for a directive
Annex VIII – Part A – point 3 – paragraph 2
Annex VIII – Part A – point 3 – paragraph 2
Names and addresses of the competent authorities responsible for the development and implementation of the air quality roadmap or air quality plans.
Amendment 890 #
Proposal for a directive
Annex VIII – Part A – point 5 – introductory part
Annex VIII – Part A – point 5 – introductory part
5. Expected impact of measures to reach compliance within 3 years after adoption of the air quality roadmap or air quality plan
Amendment 895 #
Proposal for a directive
Annex VIII – Part A – point 5 – point b
Annex VIII – Part A – point 5 – point b
(b) estimated year of compliance per air pollutant covered by the air quality roadmap or air quality plan taking into account measures referred to in point 6.
Amendment 909 #
Proposal for a directive
Annex VIII – Part A – point 7 – point c a (new)
Annex VIII – Part A – point 7 – point c a (new)
(ca) description of the air pollution reduction measures in place and their projected effect during the time period covered by the air quality roadmap or air quality plan;