Changes from plenary report to adopted text

Recital 29 a (new): (29a) It is crucial to systematically monitor air quality in the vicinity of air pollution hotspots where pollution level is strongly influenced by the emissions from heavy pollution sources that could expose individuals and population groups to elevated risks of adverse health effects. To that end, Member States should install sampling points in the air pollution hotspots, such as ports or airports, with the aim to improve the understanding of the impact of those sources on air pollution, and to take appropriate measures to minimise their impact on human health.

Change 13

RemovedAmendment necessary for pressing reasons relating to the internal logic of the text.

Recital 30: (30) For zones where conditions are particularly difficult, it should be possible to postpone the deadline for compliance with the air quality limit values in cases where, notwithstanding the implementation of appropriate pollution abatement measures, acute compliance problems exist in specific zones. Any postponement for a given zone should be accompanied by a comprehensive plan to be assessed by the Commission to ensure compliance by the revised deadline.

Change 14

RemovedAmendment necessary for pressing reasons relating to the internal logic of the text.

Recital 31: (31) Air quality plans should be developed and updated for zones within which concentrations of pollutants in ambient air exceed the relevant air quality limit values, ozone target values or average exposure reduction obligations. Air pollutants are emitted from many different sources and activities. To ensure coherence between different policies, such air quality plans should where feasible be consistent with plans and programmes prepared pursuant to Directive 2010/75/EU of the European Parliament and of the Council48, Directive (EU) 2016/2284, and Directive 2002/49/EC of the European Parliament and of the Council49.

Change 15

Removed"2001/80/EC" is deleted as this number is wrong. Directive 2001/80/EC has been repealed by Directive 2010/75/EU, which is mentioned just before.

Recital 31 a (new): (31a) As clarified by the case-law of the Court of Justice1a, the provisions on air quality plans do not allow the deadline for complying with air quality standards to be extended. 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 Judgment of the Court of Justice of 10 November 2020, European Commission v Italian Republic, C-644/18, ECLI:EU:C:2020:895, paragraph 154, and judgment of the Court of Justice of 19 November 2014, ClientEarth v The Secretary of State for the Environment, Food and Rural Affairs, C-404/13, ECLI:EU:C:2014:2382, paragraph 49.

Recital 32: (32) In order to align Union legislation with the latest scientific evidence and the most recent WHO Air Quality Guidelines, this Directive sets new air quality standards to be met by 2030. Member States and competent authorities should in anticipation of the 2030 deadline for new limit values laid down in Section 1, Table 1, of Annex I, develop a distinct type of an air quality plan, a so-called air quality roadmap, for zones within which concentrations of pollutants in ambient air exceed the relevant air quality limit values set for 2030. The air quality roadmap should set out short- and long-term policies and measures in order to comply with those limit values by 2030 at the latest. For the sake of legal clarity, and notwithstanding the specific terminology used, an air quality roadmap should be considered to be an air quality plan as defined in Article 4, point (36).

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, should require rapid coordination between neighbouring Member States in drawing up and implementing air quality plans and short-term action plans and in informing the public as soon as possible. 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.

Change 16

RemovedAmendment necessary for pressing reasons relating to the internal logic of the text. The amendment is linked to the changes made to Article 1.

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.

Change 17

RemovedAmended to be coherent with changes in the text such as Article 19(4) and Article 15(3).

Recital 35 a (new): (35a) The Digital Economy and Society Index (DESI) shows that over 40 % of adults in the Union lack basic digital skills1a. Member States should therefore ensure that information to be made public in accordance with this Directive is communicated, where relevant, also via non-digital communication channels. / 1a Digital Economy and Society Index (DESI) 2022 (https://digital-strategy.ec.europa.eu/en/policies/desi).

Change 18

RemovedAmendment necessary for pressing reasons relating to the internal logic of the text.

Recital 40: (40) This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. Where damage to human health and well-being has occurred as a result of a violation of Articles 13, 19, 20, 21 of this Directive, Member States should ensure that the individuals affected by such violations are able to claim and obtain compensation for that damage from the relevant competent authority. This Directive has the objective to avoid, prevent and reduce harmful effects on human health and the environment from air pollution, in line with Article 191(1) TFEU. It thus seeks to integrate into the policies of the Union a high level of environmental protection and the improvement of the quality of the environment in accordance with the principle of sustainable development as laid down in Article 37 of the Charter, and puts into concrete terms the obligation to protect the right to life and to the integrity of the person, the respect for private life and the right to healthcare laid down in Articles 2, 3, 7 and 35 of the Charter. It also contributes to the right to an effective remedy before a tribunal as laid down in Article 47 of the Charter, in relation to the protection of human health. In addition, it recognises and protects the human right to a clean, healthy and sustainable environment as recognised by the United Nations General Assembly in resolution 76/300 of 28 July 2022.

Recital 40 a (new): (40a) Rebuttable presumptions are a common mechanism for alleviating a claimant’s evidential difficulties, while preserving the rights of the defendant. Rebuttable presumptions are only applicable provided that certain conditions are fulfilled. In order to maintain a fair apportionment of risk, and to avoid a reversal of the burden of proof, a claimant should be required to demonstrate sufficiently relevant evidence, including scientific data, that give rise to a presumption that the violation has caused or contributed to the occurrence of damage. In light of the evidentiary challenges faced by injured persons, especially in complex cases, such a rebuttable presumption will achieve a fair balance between the rights of the individuals suffering from human health damage and the relevant authorities. It should also be possible to use relevant scientific data as evidence in accordance with national law. Where such relevant scientific data is not available, it should be possible to use other evidence to support the claim in accordance with national law. Considering that air quality standards are set on the basis of scientific knowledge on the harmful effects of air pollution on human health, where limit values are exceeded, air pollution becomes potentially harmful to the health and well-being of those exposed to it1a. / 1a European Court of Human Rights judgment in Fadeyeva v. Russia, 55723/00, (ECtHR, 9 June 2005), §87.

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, natural ecosystems and biodiversity, as defined by the best available and most up-to-date scientific evidence, thus contributing to a toxic-free environment at the latest by 2050.

Change 19

ChangedArticle 1 – paragraph 2: 2. This Directive sets intermediate limit values, target values, average exposure reduction obligations, average exposure concentration objectives and critical levels,levels to be met as soon as possible and by the year 2030 at the latest, andas well as limit values to be met by 2035, which are to be regularly reviewed thereafter in accordance with Article 3. It also sets long-term objectives, information thresholds and alert thresholds as part of air quality standards.

Article 1 – paragraph 3: 3. Furthermore, this Directive contributes to achieving the Union’s pollution-reduction, biodiversity and ecosystem objectives in accordance with the 8th Environment Action Programme, as set out in Decision (EU) 2022/591 of the European Parliament and of the Council55, as well as to enhanced synergies between the Union’s air quality policy and other relevant Union policies, in particular climate, transport and energy policies.

Article 2 – paragraph 1 – point 3: 3. measures for monitoring ambient air quality long-term trends and impacts of Union and national measures, as well as measures established in cooperation with third countries, on ambient air quality;

Article 2 – paragraph 1 – point 4: 4. measures ensuring that the information on ambient air quality is harmonised across the Union and made available to the public;

Change 20

RemovedAmendment for consistency with the changes on Article 22, requiring harmonised air quality indices across the EU.

Article 2 – paragraph 1 – point 6: 6. measures promoting increased cooperation between Member States, regional and local authorities, within and between Member States, as well as with third countries that have a common border with the Union, in reducing air pollution.

Change 21

RemovedAmendment needed to ensure consistency in the text. In most cases, air pollution and harmful effects on human health and the environment do not stop at the border of the Member State, particularly where a production facility is located not far from the border, which means that reliable and effective ways of cooperation at cross-border level, including with candidate or non-EU countries, must be established, to enable interventions in the shortest possible time and in the most efficient manner, as also advocated in Article 4, paragraph 1, point 37

▸12 unchanged paragraphs

Article 3 – paragraph 1: 1. By 31 December 2028, and every 5 years thereafter, and more often if substantial new scientific findings point to the need for it, the Commission shall review the scientific evidence related to air pollutants and their effects on human health and the environment relevant to achieving the objective set in Article 1 and present a report with the main findings to the European Parliament and to the Council. The review shall be carried out without undue delay following the publication of the latest WHO Air Quality Guidelines.

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 full and continuous alignment with the most up-to-date World Health Organization (WHO) Air Quality Guidelines, the most recent review by the WHO Regional Office for Europe and the latest scientific information.

Article 3 – paragraph 2 – subparagraph 3 – point a: (a) latest scientific information from relevant Union bodies, WHO and other relevant scientific organisations,

Article 3 – paragraph 2 – subparagraph 3 – point b: (b) behavioural changes, fiscal policies and technological developments impacting air quality and its assessment,

Article 3 – paragraph 2 – subparagraph 3 – point c: (c) air quality and associated impacts on human health and the environment in Member States,

Article 3 – paragraph 2 – subparagraph 3 – point c a (new): (ca) direct and indirect healthcare and environmental costs associated with air pollution as well as cost-benefit analysis,

Article 3 – paragraph 2 – subparagraph 3 – point d a (new): (da) progress made in implementing other relevant Union legislation, in particular in the field of climate, transport and energy,

Article 3 – paragraph 2 – subparagraph 3 – point d b (new): (db) introduction by individual Member States of more stringent air quality standards in accordance with Article 193 TFEU.

Article 3 – paragraph 2 – subparagraph 3 a (new): The Commission shall support and work closely with the WHO Regional Office for Europe to monitor and review the scientific evidence on health effects of air pollution.

Article 3 – paragraph 2 a (new): 2a. In the first regular review, by 31 December 2028, the Commission shall propose, if appropriate, limit values, target values or critical levels for the air pollutants measured by the monitoring supersites referred to in Article 10 but currently not included in Annex I. Those values or levels shall be in line with the latest scientific evidence as to what is necessary to protect human health and the environment. In the framework of the first regular review, the Commission shall publish an assessment on the possibility to convert the target value for ozone into a limit value, accompanied, if appropriate, by a legislative proposal.

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 pollutants. Such a proposal shall be developed in line with the non-regression principle.

Article 4 – paragraph 1 – point 1 a (new): (1a) ‘air quality standards’ means limit values, target values, average exposure reduction obligations, average exposure concentration objectives, critical levels, information thresholds and alert thresholds;

Change 22

RemovedTerm used in Article 1(2). Included also here, so that all definitions are in the same article for greater clarity and consistency of the text.

Article 4 – paragraph 1 – point 21: deleted

Article 4 – paragraph 1 – point 23: (23) ‘urban background locations’ means places in urban areas where levels are representative of the exposure of the general urban population, including urban sensitive population and vulnerable groups;

Change 23

RemovedThe amendment creates coherence with the concept of "sensitive population and vulnerable groups" defined in Article 4(39).

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 the general rural population, including rural sensitive population and vulnerable groups;

Article 4 – paragraph 1 – point 24 a (new): (24a) ‘air pollution hotspot’ means a place where the pollution level is strongly influenced by the emissions from heavy pollution sources such as, but not limited to, nearby congested and heavily trafficked roads, motorways or other highways, a single industrial source or an industrial area with many sources, ports, airports, intensive residential heating, or a combination thereof;

Article 4 – paragraph 1 – point 26: (26) ‘limit value’ means a level 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 ;

Change 24

RemovedClarification amendment. The words "not to be exceeded" are moved to the end.

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 2 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;

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 2 level as described in Regulation (EC) No 1059/2003 of the European Parliament and of the Council57 set 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;

Change 25

RemovedAmendment for consistency with the wording on the definition set out in Article 4, paragraph 1, point 26.

Article 4 – paragraph 1 – point 30: (30) ‘average exposure concentration objective ’ means a level of the average exposure indicator 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;

Article 4 – paragraph 1 – point 35: (35) ‘contributions from natural sources’ means emissions of pollutants not caused directly or indirectly by human activities, including natural events such as volcanic eruptions, seismic activities, geothermal activities, wild-land fires, high-wind events, sea sprays or the atmospheric re-suspension or transport of natural particles from dry regions, which the Member State concerned could not have prevented or mitigated by policy actions;

Change 26

RemovedAmendment for consistency with change in Annex I.

AddedArticle 4 – paragraph 1 – point 35 a (new): (35a) ‘air quality roadmap’ means an air quality plan, adopted ahead of the attainment deadline of new limit values laid down in Section 1, Table 1, of Annex I and intermediate limit values laid down in Section 1, Table 1A, of Annex I, that sets out short- and long-term policies and measures in order to comply with those limit values;

RemovedArticle 4 – paragraph 1 – point 35 a (new): (35a) ‘air quality roadmap’ means an air quality plan, adopted ahead of the attainment deadline of new limit values laid down in Section 1, Table 1, of Annex I, that sets out short- and long-term policies and measures in order to comply with those limit values;

RemovedAmendment for consistency with the changes made to Article 19, in order to differentiate the air quality plans that have to be adopted to guarantee the attainment of new limit values, from the ones to be adopted when there is an exceedance of the limit values.

▸4 unchanged paragraphs

Article 4 – paragraph 1 – point 36: (36) ‘air quality plans’ means plans that set out measures in order to comply with limit values, ozone target values or average exposure reduction obligations once these have been exceeded;

Article 4 – paragraph 1 – point 38: (38) ‘the public concerned’ means the public affected or likely to be affected by exceedances of air quality standards, or having an interest in, the decision-making procedures related to the implementation of the obligations under this Directive, including non-governmental organisations promoting the protection of human health or the environment;

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 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.

Article 5 – paragraph 1 – point b: (b) approval of measurement systems (locations, methods, equipment, networks and laboratories) and ensuring an adequate functioning and maintenance of the monitoring network;

Change 27

RemovedAmendment for consistency with the changes made in Annex IV, Part D, point 10 a (new).

Article 5 – paragraph 1 – point c: (c) ensuring the accuracy of measurements and the transfer and sharing of measurement data, including their compliance with the data quality objectives laid down in Annex V;

Change 28

RemovedAmendment consistent with the obligations set out in Articles 22 and 23 on the provision of information to the public and reporting of information to the Commission.