Changes from report parliamentary committee draft to plenary report

RemovedArticle 4 – paragraph 1 – point 24 b (new): (24b) ‘industrial location’ means a place whose pollution level is influenced predominantly by emissions from a nearby single industrial source or an industrial area with many sources, such as, but not limited to, sources of power generation, incinerators, waste treatment plants and ports;

RemovedAmendment for consistency with the changes made to the assessment of “Average Exposure Indicator” (AEI) in Definition 28 of Article 4, Point A in Section 5 of Annex I, and the deletion of Point B in Annex III.

RemovedArticle 4 – paragraph 1 – point 24 c (new): (24c) ‘residential location’ means a place whose predominant use is residential, and whose concentration levels are higher than urban background locations as a result of the high use of residential heating sources in the area;

RemovedAmendment for consistency with the changes made to the assessment of “Average Exposure Indicator” (AEI) in Definition 28 of Article 4, Point A in Section 5 of Annex I, and the deletion of Point B in Annex III.

RemovedArticle 4 – paragraph 1 – point 33: (33) ‘alert threshold’ means a level beyond which there is a severe threat to human health from brief exposure for the population as a whole and at which immediate steps are to be taken by Member States;

AddedAmendment 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.

RemovedAmendment to further differentiate between information and alert thresholds and their impacts on human health. This amendment is linked to the changes made to Section 4 of Annex I.

AddedArticle 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;

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

AddedArticle 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;

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 (new Paragraph 1, Article 19), from the ones to be adopted when there’s an exceedance of the limit values (new Paragraph 2 Article 19).

AddedArticle 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.

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

AddedArticle 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;

RemovedAmendment to reflect the change in the proposal of the ozone target value into a limit value. Amendment for consistency with the vocabulary on the air quality plans on paragraph 2 of Art. 19 as proposed by the Rapporteur. The changes to ozone target values are linked to the amendments to Table 1, Section 1 of Annex I and Section 2 of Annex I.

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

RemovedArticle 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, such as those with specific pre-existing health conditions, pregnant women, newborns, children, the elderly, people living in poverty or people living with disabilities.

AddedArticle 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;

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

AddedAmendment 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.

RemovedAmendment for consistency with the changes made in Point 11, Point D, Annex IV.

AddedArticle 5 – paragraph 1 – point d: (d) ensuring the accuracy of air quality modelling applications;

RemovedArticle 8 – paragraph 5: 5. Without prejudice to Article 9(6) and Article 19, if modelling or indicative measurements show an exceedance of any limit value in an area of the zone not covered by fixed measurements, additional fixed measurements shall be installed within 1 calendar year after the exceedance was recorded.

AddedArticle 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 shall be sufficient for the assessment of the ambient air quality.

RemovedArticle 8 – paragraph 7: 7. In addition to monitoring required under Article 10, Member States shall monitor ultrafine particles levels in accordance with Point D of Annex III and Section 3 of Annex VII.

AddedAmendment for consistency with changes to paragraph 5.

RemovedArticle 9 – paragraph 1 – subparagraph 1: The location of sampling points for the measurement of sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter (PM10 and PM2.5), ozone, lead, benzene, carbon monoxide , arsenic, cadmium, nickel, benzo(a)pyrene in ambient air shall be determined in accordance with Annex IV.

AddedArticle 8 – paragraph 5: 5. If modelling or indicative measurements show an exceedance of any limit value or ozone target value in an area of the zone not covered by fixed measurements, additional fixed measurements shall be installed within 6 months after the exceedance was recorded and shall be used during at least 1 calendar year to assess the concentration level of the relevant pollutant.

RemovedAmendment for consistency with the changes made in Annex I. Ozone has been set as a limit value.

AddedArticle 8 – paragraph 7: 7. In addition to monitoring required under Article 10, Member States shall 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.

AddedArticle 9 – paragraph 1 – subparagraph 1 a (new): The location of sampling points shall be representative of the exposure of at risk communities and of the exposure of one or more sensitive population and vulnerable groups.

AddedAmendment consistent with the changes made to Annex VIII.

RemovedArticle 9 – paragraph 6: 6. The results of modelling applications and indicative measurements shall be taken into account for the assessment of air quality with respect to the limit values.

AddedArticle 10 – paragraph 1 – subparagraph 1: Each Member State shall establish at least one monitoring supersite per 2 million inhabitants at an urban background location. Member States that have fewer than 2 million inhabitants shall establish at least one monitoring supersite at an urban background location.

RemovedArticle 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 measurement and be based on modelling results.

RemovedArticle 10 – paragraph 1 – subparagraph 1: Each Member State shall establish at least one monitoring supersite per territorial unit at NUTS 2 level as described in Regulation (EC) No 1059/2003 at an urban background location.

RemovedAmendment for consistency with ozone changes as proposed by the Rapporteur. Ozone should be treated as the other pollutants, for which limit values are being proposed.

AddedArticle 12 – paragraph 2: 2. In zones in which ozone levels are below the ozone target value Member States shall take necessary measures to maintain those levels below the ozone target value and 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. Once the long-term objectives are attained, Member States shall maintain the ozone levels below the long-term objectives.

RemovedArticle 19 – paragraph -1 (new): -1. Where on ... [ three months after the date of entry into force of this Directive], in a zone or NUTS 2 territorial unit, the levels of pollutants recorded for the preceding calendar year, are above any limit value to be attained by 1 January 2030 as laid down in Section 1, Table 1, of Annex I, Member States shall establish a preparatory air quality plan for the concerned pollutant as soon as possible and no later than 2 years after the date where the exceedance of the limit value was reported in line with Article 23(2) in order to attain the respective limit values by the expiration of the attainment deadline. / Where, for the same pollutant, Member States are required to establish a preparatory air quality plan in accordance with this paragraph as well as an air quality plan in accordance with Article 19(2), 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 Annex VIII, Point A, 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.

AddedArticle 18 – paragraph 1 – point c: (c) the air quality roadmap referred to in point (a) outlines how the public and, in particular, sensitive population and vulnerable groups will be informed in a coherent and easily understandable manner about the consequences of the postponement for human health and the environment;

RemovedArticle 19 – paragraph 1 – subparagraph 1: Where, in given zones the levels of pollutants in ambient air exceed any limit value, laid down in Section 1 of Annex I, Member States shall establish air quality plans for those zones as soon as possible and no later than 2 years after the calendar year during which that exceedance of any limit value was recorded. Those air quality plans shall set out all appropriate measures to achieve the limit value concerned, to address the dangers to human health caused by the exceedance of the concerned limit value and to keep the exceedance period as short as possible, and in any case no longer than 3 years from the end of the calendar year in which the first exceedance was recorded.

AddedArticle 18 – paragraph 1 – point d: (d) the air quality roadmap referred to in point (a) outlines how additional funding, including via relevant national and Union funding programmes, where such funding is foreseen, will be mobilised to accelerate the improvement of air quality in the zone to which the postponement would apply;

RemovedArticle 19 – paragraph 1 – subparagraph 2: Where exceedances of any limit values persist during the third calendar year after the end of the calendar year in which the first exceedance was recorded, Member States shall update the air quality plan and the measures therein, provide detailed information concerning the status of implementation of the Directives referred to in Point B, point 1, of Annex VIII and take additional and more effective measures, in the subsequent calendar year to keep the exceedance period as short as possible and in any case no longer than 1 year after the update of the air quality plan.

AddedArticle 18 – paragraph 2 – subparagraph 1: Member States shall notify the Commission where, in their view, paragraph 1 is applicable, and shall communicate the air quality roadmap referred to in paragraph 1 and all relevant information necessary for the Commission to assess whether the invoked reason for postponement and the conditions set out in that paragraph are satisfied. In its assessment, the Commission shall take into account estimated effects on ambient air quality in Member States, at present and in the future, of measures that have been taken by Member States as well as estimated effects on ambient air quality of Union measures . Where annual projections provided in accordance with paragraph 1, point (b), demonstrate that the measures set out in the air quality roadmap are insufficient to achieve likely compliance with the limit value of the pollutant concerned by the postponed attainment deadline, Member States shall update the air quality roadmap and revise the measures therein in order to ensure compliance by that deadline.

RemovedArticle 19 – paragraph 2: deleted / (deleted) / (deleted)

AddedAmendment for consistency, linked to the introduction of the term “air quality roadmap”.

RemovedArticle 19 – paragraph 3 – subparagraph 1: Where in a given NUTS 2 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 2 territorial units as soon as possible and no later than 2 years 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 3 years from the end of the calendar year in which the first exceedance was recorded.

AddedArticle 19 – title: Air quality plans and air quality roadmaps

RemovedArticle 19 – paragraph 3 – subparagraph 2: Where exceedances of the average exposure reduction obligation persist during the third calendar year after the end of the calendar year in which the first exceedance was recorded, Member States shall update the air quality plan and the measures therein, provide detailed information concerning the status of implementation of the Directives referred to in Point B, point 1, of Annex VIII, and take additional and more effective measures, in the subsequent calendar year to keep the exceedance period as short as possible.

AddedAmended to be coherent with changes in Article 19, paragraph 4.

AddedArticle 19 – paragraph -1 (new): -1. Where from ... [three months after the date of entry into force of this Directive], in a zone or NUTS 2 territorial unit, the levels of any pollutant recorded for the preceding calendar year are above any limit or target value to be attained by 1 January 2030 as laid down in Section 1, Table 1, of Annex I and Section 2, Point B, of Annex I, the Member State concerned shall establish an air quality roadmap for that pollutant as soon as possible and no later than 2 years after the calendar year during which the exceedance of the pollutant was recorded in order to attain the respective limit values or ozone target value by the expiration of the attainment deadline. / Where, for the same pollutant as referred to in the first subparagraph of this paragraph, a Member State is required to establish an air quality roadmap in accordance with that subparagraph as well as an air quality plan in accordance with paragraph 1 of this Article, it may establish a combined air quality roadmap in accordance with paragraphs 5, 6 and 7 of this Article and provide information on the expected impact of measures to reach compliance for each limit value it addresses, as required by Point A, points 5 and 6, of Annex VIII. Any such combined air quality roadmap shall set out appropriate measures to achieve all related limit values and to keep all exceedance periods as short as possible.

AddedAmendment for internal logic of the text. Paragraph 4 has been moved here because it comes first time-wise.

AddedArticle 19 – paragraph 1 – subparagraph 1: Where, in given zones the levels of pollutants in ambient air exceed any limit value, laid down in Section 1 of Annex I, Member States shall establish air quality plans for those zones as soon as possible and no later than 2 years after the calendar year during which that exceedance of any limit value was recorded. Those air quality plans shall set out all appropriate and sufficient measures to achieve the concerned limit value and to keep the exceedance period as short as possible, and in any case no longer than 3 years from the end of the calendar year in which the first exceedance was recorded.

AddedArticle 19 – paragraph 1 – subparagraph 2: Where exceedances of any limit values persist during the third calendar year after the end of the calendar year in which the first exceedance was recorded, Member States shall update the air quality plan and the measures therein, including updated detailed information concerning the status of implementation of the Directives referred to in Point B, point 1, of Annex VIII and take additional and more effective measures, in the subsequent calendar year to keep the exceedance period as short as possible and in any case no longer than 1 calendar year after the update of the air quality plan.

AddedArticle 19 – paragraph 2 – subparagraph 1: Where in a given NUTS 2 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 2 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 and sufficient measures in order to achieve the ozone target value and to keep the exceedance period as short as possible, and in any case no longer than 3 years from the end of the calendar year in which the first exceedance was recorded.

AddedArticle 19 – paragraph 2 – subparagraph 2: Where exceedances of the ozone target value persist during the third calendar year after the end of the calendar year in which the first exceedance was recorded in the relevant NUTS 2 territorial unit, 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, and in any case no longer than 2 calendar years after the update of the air quality plan.

AddedArticle 19 – paragraph 2 – subparagraph 3: For NUTS 2 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.

AddedArticle 19 – paragraph 3 – subparagraph 1: Where in a given NUTS 2 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 2 territorial units as soon as possible and no later than 2 years after the calendar year during which the exceedance of the average exposure reduction obligation was recorded. Those air quality plans shall set out appropriate and sufficient 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 3 years from the end of the calendar year in which the first exceedance was recorded.

AddedArticle 19 – paragraph 3 – subparagraph 2: Where exceedances of the average exposure reduction obligation persist during the third calendar year after the end of the calendar year in which the first exceedance was recorded, Member States shall update the air quality plan and the measures therein, including updated detailed information concerning the status of implementation of the Directives referred to in Point B, point 1, of Annex VIII and take additional and more effective measures, in the subsequent calendar year to keep the exceedance period as short as possible, and in any case no longer than 1 calendar year after the update of the air quality plan.

RemovedArticle 20 – paragraph 5 a (new): 5a. The Commission shall publish, at regular intervals, examples of best practices for drawing up short-term action plans, including examples of best practices for the protection of sensitive population groups, including children.

AddedAmendment for consistency, linked to the introduction of the term “air quality roadmap”.

RemovedArticle 21 – paragraph 1 – subparagraph 1: Where transboundary transport of air pollution from one or more Member State contributes significantly to the exceedance of any limit value, average exposure reduction obligation or alert threshold in another Member State, the latter shall notify the Member States from which the air pollution originated and the Commission thereof.

AddedArticle 19 – paragraph 5 a (new): 5a. The Commission may, at the request of a Member State, provide assistance and technical expertise in the framework of the Technical Support Instrument (TSI) in order to support air quality policies and measures in the Member State concerned.

RemovedAmendment for consistency with the changes made in Annex I. Ozone has been set as a limit value.

AddedArticle 19 – paragraph 6 – subparagraph -1 (new): Member States shall ensure that before the time period for receiving comments from the public starts, the draft air quality plan or draft air quality roadmap containing the minimum information required under Points A and B of Annex VIII is made available to the public on the internet, free of charge and without restricting access to registered users, and, where appropriate, through other non-digital communication channels. Member States may also make available to the public on the internet, free of charge and without restricting access to registered users, and, where appropriate, through other non-digital communication channels the following: / (a) information on the methods used to assess the estimated impact of the air quality plan or air quality roadmap pursuant to Point Ba of Annex VIII, and the background documents and information used for the development of the draft air quality plan or draft air quality roadmap; / (b) a non-technical summary of the information referred to in this subparagraph.

AddedArticle 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 roadmaps and any significant updates of air quality plans and air quality roadmaps prior to their finalisation.

AddedArticle 19 – paragraph 6 – subparagraph 2: Member States shall encourage the active involvement of all interested parties in the implementation of this Directive, in particular in the preparation, review and update of air quality plans and air quality roadmaps. 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 and health organisations, consumer organisations, organisations representing the interests of sensitive population and vulnerable groups, other relevant health-care bodies, including healthcare professionals and the relevant industrial federations are encouraged 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.

AddedArticle 19 – paragraph 7: 7. Air quality plans and air quality roadmaps shall be communicated to the Commission within 2 months after their adoption .

AddedAmendment for consistency, linked to the introduction of the term “air quality roadmap”.

AddedArticle 19 – paragraph 7 a (new): 7a. The Commission shall establish, by means of implementing acts, a template with the format and structure of the air quality plans and air quality roadmaps. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 26(2).

AddedArticle 19 – paragraph 7 b (new): 7b. The Commission may establish guidance on the elaboration, implementation and revision of air quality plans and, where appropriate, air quality roadmaps.

AddedArticle 19 – paragraph 7 c (new): 7c. The Commission shall facilitate the elaboration and implementation of the air quality plans and air quality roadmaps, where appropriate, through an exchange of good practices.

AddedArticle 20 – paragraph 1 – subparagraph 2: However, where there is a risk that the alert threshold for ozone will be exceeded, Member States may refrain from drawing up such short-term action plans when there is no significant potential, taking into account national geographical, meteorological and economic conditions, to reduce the risk, duration or severity of such an exceedance.

AddedAmendment consistent with changes to Annex IX.

AddedArticle 20 – paragraph 1 – subparagraph 2 a (new): In order to inform citizens about poor air quality and its effects, competent authorities shall require the permanent display of easily understandable information on symptoms associated with air pollution peaks and on behaviour to reduce exposure to air pollution in the vicinity of communities of sensitive population and vulnerable groups.

AddedArticle 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. Member States shall also take into consideration the list of measures set out in Annex VIIIa for their short-term action plans, and depending on the share of the main pollution sources to the exceedances to be addressed, 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.

AddedArticle 20 – paragraph 3 a (new): 3a. Member States may request the Commission to provide technical assistance and support in drawing up the short-term action plans.

AddedArticle 20 – paragraph 4: 4. When Member States have drawn up a short-term action plan, they shall make available to the public and to appropriate organisations such as environmental and health organisations consumer organisations, organisations representing the interests of sensitive population and vulnerable groups, healthcare professionals, other relevant health-care bodies and the relevant industrial federations both the results of their investigations on the feasibility and the content of specific short-term action plans as well as information on the implementation of these plans.

AddedThese changes are linked to Article 27, which provides for access to justice for the members of the public, including non-governmental organisations. The proposed changes ensure consistency with recitals 39 and 40, and are inherently linked to Article 27.

AddedArticle 20 – paragraph 4 a (new): 4a. Member States shall use modelling and forecasting to identify the risk that the levels of pollutants will exceed one or more of the alert thresholds and shall ensure that emergency measures enter into force soon after a risk of exceedance is forecasted in order to prevent such exceedance.

AddedAmendment needed for the internal logic of the text.

AddedArticle 20 – paragraph 5 a (new): 5a. The Commission may establish guidelines setting out best practices for drawing up short-term action plans, including examples of best practices for the protection of sensitive population and vulnerable groups, including children. Those examples shall be updated regularly. The Commission shall promote the exchange of best practices among Member States through the EU Clean Air Forum.

AddedArticle 21 – paragraph 1 – subparagraph 2: The Member States concerned shall cooperate at national, regional and local level, including by establishing joint teams of experts, to identify the sources of air pollution and the shares of pollution originating from each country and the measures to be taken individually and jointly to address those sources, and draw up joint activities, such as the preparation of joint or coordinated air quality plans pursuant to Article 19, in order to remove such exceedances.

AddedArticle 21 – paragraph 1 – subparagraph 2 a (new): The Member States concerned shall inform the Commission without undue delay of the situation and measures taken.

AddedArticle 21 – paragraph 1 – subparagraph 3: Member States shall respond to each other in a timely manner, and no later than 2 months after being notified by another Member State in accordance with the first subparagraph.

AddedArticle 21 – paragraph 2: 2. The Commission shall be informed of, and invited to be present, assist and oversee any cooperation referred to in paragraph 1 of this Article. The Commission may also, in cooperation with the Member States concerned, draw up working plans for the implementation of proposed measures. Where appropriate, the Commission shall, taking into account the reports established pursuant to Article 11 of Directive (EU) 2016/2284, consider whether further action shall be taken at Union level in order to reduce precursor emissions responsible for transboundary pollution.

AddedAmendment needed for the internal logic of the text.

AddedArticle 21 – paragraph 3 a (new): 3a. Where a Member State takes legal action for a violation of the national provisions adopted pursuant to this Directive, as referred to in Article 29, that have caused air pollution in another Member State, Member States shall cooperate in an efficient manner.

AddedArticle 22 – paragraph 1 – introductory part: 1. Member States shall ensure that the public as well as appropriate organisations such as environmental and health organisations, consumer organisations, organisations representing the interests of sensitive populations and vulnerable groups, healthcare professionals and other relevant health-care bodies and the relevant industrial federations are informed, adequately and in good time, of the following:

AddedThese changes are linked to Article 27, which provides for access to justice for the members of the public, including non-governmental organisations. The proposed changes ensure consistency with recitals 39 and 40, and are inherently linked to Article 27.

RemovedArticle 22 – paragraph 2 a (new): 2a. The Commission shall adopt guidelines specifying the format and structure of the information provided to the public via an air quality index.

AddedArticle 22 – paragraph 1 – point c: (c) air quality plans and air quality roadmaps as provided for in Article 19;

AddedAmendment for consistency, linked to the introduction of the term “air quality roadmap”.

AddedArticle 22 – paragraph 1 – point d: (d) short-term action plans drawn up in accordance with Article 20;

AddedArticle 22 – paragraph 1 – point d a (new): (da) overview of air pollution sources and air pollutants affecting air quality in a Member State concerned;

AddedArticle 22 – paragraph 1 – point d b (new): (db) documentation submitted to the Commission in relation to exceedances caused by natural sources referred to in Article 16(2);

AddedArticle 22 – paragraph 1 – point d c (new): (dc) documentation on site selection referred to in point D of Annex IV;

AddedArticle 22 – paragraph 1 – point e: (e) the effects of exceedances of limit values, ozone target values, average exposure reduction obligations and average exposure concentration 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.

AddedArticle 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, ensuring that sufficient real-time data is available in all stations. The air quality index shall be comparable across all Member States and follow the most up-to-date recommendations by the WHO and be based on the air quality indices at European scale provided by the European Environmental Agency. The air quality index shall be accompanied by information about the associated health risks for each pollutant, including information tailored to sensitive population and vulnerable groups.

AddedArticle 22 – paragraph 2 a (new): 2a. By ... [12 months after the date of entry into force of this Directive], the Commission shall adopt delegated acts in accordance with Article 25 to supplement this Directive by specifying how the air quality index shall be calculated and presented, and the format and structure of the information provided to the public.

AddedArticle 22 – paragraph 2 b (new): 2b. Member States shall promote the display of information on symptoms associated with air pollution peaks and on air pollution exposure reduction and protection behaviours, in buildings frequented by sensitive population and vulnerable groups, such as healthcare facilities.

AddedArticle 22 – paragraph 3: 3. Member States shall inform the public of the competent authority or body designated in relation to the tasks referred to in Article 5 and of the competent authority or body operating the sampling points established pursuant to Article 9 and Annex IV.

AddedAmendment for consistency, linked to the provision on access to justice (Article 27) and compensation for damage to human health (Article 28).

AddedArticle 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 a coherent and easily understandable manner in accordance with Directive 2007/2/EC60and Directive (EU)2019/102461of the European Parliament and of the Council while ensuring broad public access.

AddedArticle 23 – paragraph 2 – introductory part: 2. For the specific purpose of assessing compliance with the limit values, ozone target values, average exposure reduction obligations, average exposure concentration 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:

RemovedArticle 27 – paragraph 1 – subparagraph 3: The interest of any natural 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 any non-governmental organisation which is a member of the public 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).

AddedArticle 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 including, but not limited to, those concerning the classification of zones under Article 7, the network design, location and relocation of sampling points under Article 9, air quality plans and air quality roadmaps referred to in Article 19 and short term action plans referred to in Article 20, provided that any of the following conditions is met:

AddedArticle 27 – paragraph 1 – subparagraph 3: The interest of any natural 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 of any non-governmental organisation, which are both members 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).

AddedArticle 29 – paragraph 3 – point a a (new): (aa) the real or estimated economic benefits derived from the violation;

AddedArticle 29 – paragraph 3 – point c: (c) the population, including sensitive population and vulnerable groups, or the environment affected by the violation, and the harm caused, taking into account the objective of achieving a high level of protection of human health and the environment;

AddedArticle 29 – paragraph 3 – point d: (d) the repetitive or singular character of the violation, including any previous receipt of an admonition penalty, or administrative or criminal sanction.

AddedArticle 29 – paragraph 3 a (new): 3a. By ... [6 months after the date of entry into force of this Directive], the Commission shall adopt delegated acts in accordance with Article 25 to supplement this Directive by laying down common criteria for determining the amount of penalties referred to in paragraph 1 of this Article.

AddedArticle 29 – paragraph 3 b (new): 3b. Member States shall ensure that revenues from penalties referred to in paragraph 1 of this Article are used, as a matter of priority, to finance measures related to the improvement of air quality. Member States shall make publicly available information on the use of these revenues. Without prejudice to Article 28, revenues raised from penalties shall not be used for the purpose of that Article.

Removeddeleted

RemovedGiven 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 binding 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.

RemovedOzone 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.

RemovedFor 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.

RemovedTechnical AM following the introduction of information thresholds for a number of other pollutants and deletion of Point B of Annex III

AddedAnnex III – Section B: deleted / (deleted)

RemovedAnnex III – Part A – point 1 – paragraph 4: Table 4 - Minimum number of sampling points for fixed measurements to assess compliance with the ozone limit value, critical level, long-term objectives and information and alert thresholds in zones where a 50% reduction of such measurements applies (for ozone only)

AddedAnnex IV – Section B – point 2 – point a – introductory part: (a) Sampling points directed at the protection of human health shall be sited in such a way as to provide reliable data on all of the following:

RemovedTechnical AM following the transformation of ozone target value for the protection of human health into a limit value and the ozone target value for the protection of environment into ozone critical level.

AddedAnnex IV – Section 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 air pollution hotspots,

RemovedAnnex III – Part B: deleted / (deleted)

AddedAnnex IV – Section 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, both in urban and rural background locations, and

RemovedAnnex III – Part D – title: D Minimum number of sampling points for fixed measurements of ultrafine particles where high concentrations are likely to occur

AddedAnnex IV – Section B – point 2 – point b a (new): (ba) locations intended to be representative of urban traffic shall be located in such a way as to provide data on the streets where the highest concentrations occur, taking into consideration traffic volume (at least 10 000 vehicles per day or representing the largest traffic density in the zone), local dispersion conditions and spatial land use (for example in street canyons);

RemovedAnnex III – Part D – paragraph 1: Ultrafine particle number concentrations shall be monitored at selected locations in addition to other air pollutants at the same locations as 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 1 million inhabitants shall be established at a location where high UFP concentrations are likely to occur. Member States that have fewer than 1 million inhabitants shall establish at least 1 fixed sampling point at a location where high UFP concentrations are likely to occur.

AddedAnnex IV – Section B – point 2 – point c: (c) urban background locations shall be located so that their pollution level is influenced by the integrated contribution from all sources upwind of the sampling point, following the main wind direction. 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;

RemovedAnnex 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,

AddedAnnex IV – Section B – point 2 – point c a (new): (ca) air pollution hotspots shall be covered by a sufficient number of sampling points installed within the main wind direction of the source 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 or values, including but not limited to schools, hospitals, assisted living facilities and office areas;

RemovedAnnex IV – Part D – point 3: 3. The documentations shall include evidence explaining the reasons for the network design, in particular: / (a) the reasons for the selection of locations representative of the highest levels of pollution in the zone or agglomeration for each pollutant; / (b) the reasons for the selection of locations representative of the general exposure of population; and / (c) any deviation from the micro-scale siting criteria, their underlying reasons and the likely impact on measured levels.

AddedAnnex IV – Section C – paragraph 1 – point e: (e) for all pollutants, sampling probes shall be positioned no more than 5 m from the kerbside; consideration shall be given to whether locating the sampling point at less than 25 m from the edge of major junctions would result in over- or under-estimating concentrations and lead to measuring a very small micro-environment that is not representative of levels along that road segment; for the purposes of this point, a ‘kerbside’ means the line that separates motorised traffic from other areas; a ‘major junction’ means a junction which interrupts the traffic flow and causes different emissions (stop&go) from the rest of the road;

RemovedAnnex IV – Part D – point 4: 4. Where indicative measurements or modelling, or a combination thereof are used within a zone, the documentation shall include details of these methods and information on how the criteria listed in Article 9(3) are met.

AddedAnnex IV – Section C – paragraph 1 – point f: (f) for the deposition measurements in rural background locations, the guidelines and criteria of EMEP shall apply;

RemovedAnnex IV – Part D – point 5: 5. Where indicative measurements or modelling are used, competent authorities shall use gridded data reported under Directive (EU) 2016/2284 and emission information reported under Directive 2010/75/EU.

AddedAnnex IV – Section D – point 1: 1. The competent authorities responsible for air quality assessment shall provide a data-based assessment for all zones, fully document the site-selection procedures, record information to support the network design and choice of location for all monitoring sites and provide justifications. The design of the monitoring network shall be supported at least by either modelling with a sufficiently low level of uncertainty or indicative measurements.

RemovedAnnex IV – Part D – point 9: 9. At least every 5 years the selection criteria, network design and monitoring site locations, defined by the competent authorities in view of the requirements of this Annex, shall be reviewed to ensure they remain valid and optimal overtime. The review shall be supported at least by either modelling or indicative measurements. Where such a review reveals that the network design and monitoring site locations are not valid anymore (for instance, there is no fixed monitoring station in the area of modelled maximum levels), then the competent authority shall correct and update the network design within no more than one year.

AddedAnnex IV – Section D – point 2: 2. The documentation shall include the location of the sampling points through spatial coordinates, detailed maps and photos, and shall include information on the spatial representativeness of all sampling points.

RemovedAnnex IV – Part D – point 10 a (new): 10a. The competent authorities responsible for air quality assessment shall perform regular checks and maintenance of the ambient air quality monitoring stations to ensure that they continue to operate and to ensure the accuracy of measurements and reliability of instrumentation.

AddedAnnex IV – Section D – point 3: 3. The documentations shall include evidence explaining the reasons for the network design and proof of compliance with the requirements referred to in Points B and C, in particular: / (a) the reasons for the selection of locations representative of the highest levels of pollution in the zone or agglomeration for each pollutant; / (b) the reasons for the selection of locations representative of the general exposure of population; and / (c) any deviation from the micro-scale siting criteria, their underlying reasons and the likely impact on measured levels.

RemovedWhile 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.

AddedAnnex IV – Section D – point 4: 4. Where indicative measurements or modelling, or a combination thereof are used within a zone, the documentation shall include details of these methods and information on how the criteria listed in Article 9(3) are met.

RemovedThe introduced changes are to bring the numbers in line with the amended limit values in Table 1 Section 1 of Annex I.

AddedAnnex IV – Section D – point 5: 5. Where indicative measurements or modelling are used, competent authorities shall use gridded data reported under Directive (EU) 2016/2284 and emission information reported under Directive 2010/75/EU.

RemovedAnnex V – Part A – point 2 – paragraph 3: The percentages for uncertainty in the tables in this Section apply for all limit values (and the ozone target value) that are calculated by simple averaging of individual measurements such as hourly mean, daily mean or yearly mean values without considering the additional uncertainty for the calculation of the number of exceedances. Levels below 5 for PM2.5 and 10 for NO2, respectively, shall be allowed to have percentages for uncertainty of 30 %. The uncertainty shall be interpreted as being applicable in the region of the appropriate limit values (or ozone target value). The uncertainty calculation does not apply to AOT40 and values that include more than 1 year, more than 1 station (e.g. AEI) or more than 1 component. They are also not applicable for information thresholds, alert thresholds and critical levels for the protection of vegetation and natural ecosystems.

AddedAnnex IV – Section D – point 9: 9. At least every 5 years the selection criteria, network design and monitoring site locations, defined by the competent authorities in view of the requirements of this Annex, shall be reviewed to ensure they remain valid and optimal overtime. The review shall be supported at least by either modelling or indicative measurements and shall identify measures to be taken within a timeframe in accordance with the guidelines to ensure that the network design remains valid and optimal. Where such a review reveals that the network design and monitoring site locations are no longer valid (for example, there is no fixed monitoring station in the area of modelled maximum levels), the competent authority shall correct and update the network design within one year.

RemovedAnnex V – Part D – paragraph 1 – point d: (d) a description of results, including uncertainties and, in particular, the extent of any area or, if relevant, the length of road within the zone over which concentrations exceed any limit value or long-term objective, and of any area within which concentrations exceed the assessment threshold,

AddedAnnex V – Section B – paragraph 3: For the other cases, measurements are to be evenly distributed over the calendar year (or over the April-September period for indicative measurements of O3). In order to comply with these requirements and to ensure that any potential losses of data do not skew results, the minimum data coverage and distribution requirements shall be met for specific periods (quarter, month, weekday) of the whole year depending on the pollutant and measurement method/frequency.

RemovedAnnex VIII – Part A – point 5 – introductory part: 5. Expected impact of measures to reach compliance in the shortest time possible and, at the latest, within 3 years after the end of the year in which the first exceedance was recorded.

AddedAnnex VI – Section B – point 2: 2. The Commission shall require Member States to prepare and submit a report on the demonstration of equivalence in accordance with point 1.

RemovedAnnex VIII – Part A – point 5 – point b a (new): (ba) for air quality plans under Article 19(2), detailed reasons to explain how the plan sets out all appropriate measures, so that the exceedance period can be kept as short as possible, including the following: / (i) where the start date for implementation of a measure is later than 6 months from the date of adoption of the air quality plan, an explanation of the reasons why an earlier start date is not possible; / (ii) where the analysis pursuant to point 4a has identified measures that would have greater impacts in improving air quality, but they have not been selected for adoption, an explanation of the reasons why adoption of such measures is impossible and evidence that the selected measures will achieve at least an equivalent reduction in emissions and concentrations.

AddedAnnex 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 locations, air pollution 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.

RemovedAnnex 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.

AddedAnnex VII – Section 1 – point C – paragraph 1: Measurements shall be taken in urban background locations, air pollution hotspots and rural background locations in accordance with Annex IV.

RemovedAnnex VIII – Part B – point 2 – introductory part: 2. When preparing air quality plans, Member States shall consider at least the following air pollution abatement measures at local, regional or national level for implementation in connection with the attainment of air quality objectives:

AddedAnnex VII – Section 2 – point B – paragraph 1: Measurement of ozone precursor substances shall include at least nitrogen oxides (NO and NO2), methane (CH4) and other 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.

RemovedAnnex 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 coal, biomass and gas stoves and boilers) are fitted with emission control equipment, and progressively phased-out and replaced by zero-emission alternatives, and that the energy efficiency of buildings is improved;

AddedAnnex VII – Section 3 a (new): 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 or 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 Annexes IV and V at a location where high BC concentrations are likely to occur and within the main wind direction.

RemovedAnnex VIII – Part B – point 2 – point c: (c) procurement by public authorities, in line with the handbook on environmental public procurement, of zero-emission vehicles;

AddedAnnex VII – Section 3 b (new): 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 the 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 Annexes IV and V at a location where high NH3 concentrations are likely to occur and within the main wind direction.

RemovedAnnex VIII – Part B – point 2 – point d: (d) measures to limit transport emissions through traffic planning and management, including at least: / (i) congestion pricing; / (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; / (iii) establishing urban vehicles access restrictions schemes, including low emission zones in line with the most recent Euro standard, and zero-emission zones; / (iv) establishing low-traffic neighbourhoods; / (v) introducing speed limits of 30 km per hour; / (vi) ‘last mile’ zero (exhaust) emission delivery arrangements; / (vii) promoting car sharing and carpooling.

AddedAnnex VII – Section 3 c (new): 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 Annexes IV and V at a location where high mercury concentrations are likely to occur and within the main wind direction.

RemovedAnnex VIII – Part B – point 2 – point e: (e) measures to encourage a modal shift from private vehicles towards active mobility and less polluting forms of transport (e.g. walking, cycling, public transport), including at least: / (i) strengthening the public transport network; / (ii) reducing the cost of public transport or eliminating it altogether for certain sectors of the population; / (iii) improving the infrastructure to create more space for people to walk and cycle safely; / (iv) economic incentives for the purchase of active and shared mobility solutions (e.g. bikes, e-bikes, e-scooters); / (v) scrappage schemes for the most polluting vehicles;

AddedAnnex VIII – title: Information to be included in air quality plans and air quality roadmaps for improvement in ambient air quality

RemovedAnnex VIII – Part B – point 2 – point g: (g) requiring the use of best available technologies to eliminate or, where it is not possible to eliminate, to reduce as much as possible emissions from small-, medium- and large-scale stationary sources and in mobile sources;

AddedAnnex VIII – Section A – point 2 – point a: (a) type of zone (urban, industrial, air pollution hotspot or rural area) or characteristics of NUTS 2 territorial unit (including urban, industrial, air pollution hotspot or rural areas);

RemovedAnnex VIII – Part B – point 2 – point h a (new): (ha) measures to reduce air pollution in hotspots, including in ports, establishing specific requirements for moored ships, boats and port traffic, while speeding-up on-shore power and electrification of ships and port working machinery;

AddedAnnex VIII – Section A – point 2 – point c: (c) concentrations or average exposure indicator of the relevant pollutant observed at least 5 years prior to the exceedance and comparison with limit values or average exposure reduction obligation and average exposure concentration objective;

RemovedAnnex VIII – Part B – point 2 – point h b (new): (hb) measures to reduce emissions from agriculture, including nitrogen management systems, taking into account the whole nitrogen cycle, livestock feeding strategies, low-emission manure spreading techniques, low-emission manure storage systems, low-emission animal housing systems, the reduction of animal number; while taking into account the upcoming revised UNECE Framework Code for Good Agricultural Practice for Reducing Ammonia Emissions;

AddedAnnex VIII – Section A – point 3 – paragraph 1: Names and addresses of the competent authorities responsible for the development and implementation of air quality plans or air quality roadmaps.

RemovedAnnex VIII – Part B – point 2 – point i: (i) measures to protect the health of children, such as school streets with limited or no access for cars, 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.

AddedAnnex VIII – Section A – point 3 a (new): 3a. Assessment of environmental impacts and health effects / (a) concentrations and exceedances recorded in previous years, before the start of implementation of the air quality plan, the updated air quality plan or the air quality roadmap; / (b) in the event of an updated air quality plan, concentrations and exceedances recorded since the beginning of the implementation of the measures set out in the updated air quality plan; / (c) assessment of environmental impacts and health effects related to the exposure of the population to measured concentrations, including assessment of mortality and morbidity from both acute and chronic health effects on both the general population and sensitive population and vulnerable groups; / (d) methods used for the assessment of environmental impacts, exposure and health effects. / Member States shall be guided in their assesment by the concentration-response (C-R) functions defined by the WHO linking concentrations of pollutants in ambient air to mortality risks or other adverse health effects (Health risks of air pollution in Europe – HRAPIE project), as well as the counterfactual concentrations above which health impacts are estimated (‘cut-off points’).

RemovedAnnex VIII – Part B a (new): Ba Guidance and minimum requirements for analysing the projected impact of air quality plans and pollution abatement measures / 1. Member States shall rely on objective and rigorous methods to assess the projected impact of air quality plans and pollution abatement measures. When relying on projected impacts of pollution abatement measures for the delivery of compliance with air quality objectives, those projected impacts must not be only possible, but likely with a high degree of certainty. / 2. Air quality plans shall contain enough information in sufficient detail in order to justify the impact assessment, including: / (a) a description of the method used for forecasting the evolution of air quality; / (b) an explanation of whether the projections are based on objective data or on assumptions; when relying on assumptions, a sensitivity analysis to explain best case, most likely and worst case scenarios; / (c) background documents and information used for the assessment; / (d) a detailed assessment of the individual impact of each air pollution abatement measure on emission reductions and related concentration reductions and the relevant assumptions; / (e) a detailed assessment of the combined impact of the air pollution abatement measures included in the plan on emission reductions and related concentration reductions and the relevant assumptions. / 3. The impact assessment shall only include pollution abatement measures that are certain to be adopted and implemented. Meas…

AddedAnnex VIII – Section A – point 4 – point a: (a) list of the main emission sources and, where possible, of the specific entities responsible for pollution;

RemovedAnnex VIII a (new): ANNEX VIIIa / EMERGENCY MEASURES TO BE CONSIDERED FOR INCLUSION IN THE SHORT-TERM ACTION PLANS REQUIRED UNDER ARTICLE 20 / 1. Measures aimed at addressing the sources which contribute to the risk of the respective limit values or target values or alert threshold 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) restricting the use of solid fuels for domestic heating. / 2. Measures aimed at protecting sensitive population and vulnerable groups, including children: / (a) permitting or mandating remote working; / (b) closing nurseries and elementary schools; / (c) introducing driving restrictions around nurseries and elementary schools. / 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 and target values are projected: / (a) including air quality forecasts in weather forecasts on television and radio; / (b) informing environmental organisations, consumer organisations, organisations representing the interests of sensitive population and vulnerable groups and other relevant health-care bodies; / (c) disseminating information on impacts of air pollution lev…

AddedAnnex VIII – Section A – point 4 – point b: (b) total quantity of emissions from these sources and, where possible, of the specific entities (in tonnes/year);

RemovedAnnex IX – point 1 – point e: (e) information on preventive actions to reduce pollution and exposure to it: indication of main source sectors; recommendations for actions to reduce emissions both for individuals and organisations;

AddedAnnex VIII – Section A – point 4 – point d: (d) source apportionment according to relevant sectors and, where possible, apportionment to specific entities, that contribute to the exceedance in the national air pollution control programme.

RemovedAnnex IX – point 3: 3. When an exceedance occur or when there is a risk of exceedance of any limit value, average exposure reduction obligation, alert thresholds or information thresholds, Member States shall ensure that the information referred to in this Annex is additionally promoted to the public.

AddedAnnex VIII – Section A – point 4 a (new): 4a. Identification of effective pollution abatement measures / (a) information on all possible air pollution abatement measures that could be adopted at appropriate local, regional or national level to contribute to the attainment of air quality objectives and their estimated effect in air pollution reduction of each air pollutant, including at least the pollution abatement measures listed under point B; / (b) assessment of the emission reduction potential and projected impact on reducing concentrations resulting from the implementation of each of the possible pollution abatement measures identified, both individual and combined impacts, including the method of analysis and the associated uncertainties in line with the methodology referred to in Point Ba.

AddedAnnex VIII – Section A – point 4 b (new): 4b. Baseline scenario / (a) a description of existing air pollution abatement measures at local, regional, national and international level, including up-to-date information on the status and timetable of implementation; / (b) information concerning the status of implementation of the Directives referred to in point B, point 1, and in particular measures included in the National Air Pollution Control Programme (NAPCP); / (c) observed effects of the measures referred to in points (a) and (b) in addressing the factors responsible for the exceedance (emission reductions achieved and related concentration reductions); / (d) a projected further evolution of air quality, both emissions and concentrations, assuming no change to already adopted measures (‘baseline scenario’), covering all years until the attainment date; / (e) an estimate of health effects related to the exposure of the population to air pollution in the baseline scenario; / (f) a description of the method of analysis for the projections and the associated uncertainties in line with the methodology referred to in Point Ba.

AddedAnnex VIII – Section A – point 5 – introductory part: 5. Expected impact of measures to reach compliance as soon as possible and, at the latest, within 3 years after the end of the calendar year in which the first exceedance was recorded

AddedAnnex VIII – Section A – point 5 – point b: (b) indicative trajectory towards compliance and 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.

AddedAnnex VIII – Section A – point 5 – point b a (new): (ba) for air quality roadmaps under Article 19(-1) and air quality plans under Article 19(1), with a view to ensuring that the exceedance period is kept as short as possible, detailed reasons to explain how the plan sets out measures referred to in point 4a of this Point, including the following: / (i) where the start date for implementation of a measure is later than 6 months from the date of adoption of the air quality plan or air quality roadmap, an explanation of the reasons why an earlier start date is not possible; / (ii) where the analysis pursuant to point 4a has identified measures that would have greater impacts in improving air quality, but they have not been selected for adoption, an explanation of the reasons why adoption of such measures is not considered feasible.

AddedAnnex VIII – Section A – point 6 – point -a (new): (-a). review of pollution reduction measures as referred to in point 4a of this Point and their estimated effect on air pollution reduction of each air pollutant, including at least the measures listed under Point B;

AddedAnnex VIII – Section A – point 6 – point a: (a) listing and description of all the measures set out in the air quality plan or air quality roadmap and justification for those measures in terms of the source of exceedance, their effectiveness, their efficiency and their availability in time, including the identification of the competent authority in charge of their implementation;

AddedAnnex VIII – Section A – point 6 – point b: (b) quantification of emission reduction (in tonnes/year), by source and, where possible, by specific entities, of each measure, both individual and combined, under point (a);

AddedAnnex VIII – Section A – point 6 – point c: (c) timetable for implementation of each measure and identification, where possible, of the specific entities which have obligations arising from the measures set out in the air quality plan or air quality roadmap, and a description of those obligations and their economic and social impacts;

AddedAnnex VIII – Section 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, both individual and combined, under point (a);

AddedAnnex VIII – Section A – point 7 – point d: (d) listing, description, justification and socio-economic impact of all additional measures, that unfold their full impact on ambient air pollutant concentrations in 3 years or more.

AddedAnnex VIII – Section 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 air quality plan or air quality roadmap.

AddedAnnex VIII – Section B – point 2 – introductory part: 2. When preparing air quality plans or air quality roadmaps, Member States shall consider at least the following air pollution abatement measures at local, regional or national level for implementation in connection with the attainment of air quality objectives, including:

AddedAnnex VIII – Section B – point 2 – point c: (c) procurement by public authorities, in line with the handbook on green public procurement, of fuels, combustion equipment to reduce emissions and zero-emission vehicles as defined in Article 3(1), point (m), of Regulation (EU) 2019/631 of the European Parliament and of the Council1a; / 1a Regulation (EU) 2019/631 of the European Parliament and of the Council of 17 April 2019 setting CO2 emission performance standards for new passenger cars and for new light commercial vehicles, and repealing Regulations (EC) No 443/2009 and (EU) No 510/2011 (OJ L 111, 25.4.2019, p. 13).

AddedAnnex VIII – Section B – point 2 – point c a (new): (ca) reduction of emissions through the uptake of zero- and low-emission collective and public transport vehicles and/or vehicles equipped with modern digital solutions affecting emissions reduction;

AddedAnnex VIII – Section B – point 2 – point c b (new): (cb) measures to improve the quality, efficiency, affordability and connectivity of collective and public transport;

AddedAnnex VIII – Section B – point 2 – point c c (new): (cc) measures related to the uptake and implementation of alternative fuel infrastructure;

AddedAnnex VIII – Section B – point 2 – point d: (d) measures to limit transport emissions through urban planning and traffic management, including at least: / (i) congestion pricing, such as road pricing and mileage-based user fees; / (ii) choice of road materials; / (iii) parking fees on public land or other economic incentives and with differentiated fees for polluting and zero-emission vehicles; / (iv) establishing urban vehicles access restrictions schemes, including low emission zones in line with the most recent Euro standard, and zero-emission zones; / (v) establishing low-traffic neighbourhoods, super blocks and car-free neighbourhoods; / (vi) establishing car-free streets; / (vii) introducing low speed limits; / (viii) ‘last mile’ zero (exhaust) emission delivery arrangements; / (ix) promoting car sharing and carpooling; (x) implementation of intelligent transport systems and digital solutions related to emissions reduction; / (xi) creation of multimodal hubs connecting various sustainable transport solutions and parking facilities;

AddedAnnex VIII – Section B – point 2 – point e: (e) measures to encourage a modal shift towards active mobility and less polluting forms of transport (e.g walking, cycling, public transport or rail), including at least: / (i) electrifying public transport, strengthening the public transport network, reducing public transport cost for citizens, and simplifying access and use, for example through digital and interconnected booking and real-time transit information; / (ii) ensuring smooth inter-modality for rural-urban commuting, for example between rail and cycling, and between cars and public transport (park and ride schemes); / (iii) incentivising cycling and walking, for example by expanding space for cyclists and pedestrians, prioritising cycling and walking in infrastructure planning, expanding the network of cycling routes, and redirecting fiscal and economic incentives towards active and shared mobility, including incentives for cycling and walking commute to work; / (iv) planning for compact cities; / (v) scrappage schemes for the most polluting vehicles;

AddedAnnex VIII – Section B – point 2 – point g: (g) requiring the use of best available technologies to eliminate or, where it is not possible to eliminate, to reduce as much as possible emissions from small-, medium- and large-scale stationary sources and in mobile sources;

AddedAnnex VIII – Section B – point 2 – point h a (new): (ha) measures to reduce air pollution in air pollution hotspots, including in ports and port cities, and establishing specific requirements for ships and boats at berth and port traffic, while speeding-up on-shore power supply and electrification of ships and port working machinery;

AddedAnnex VIII – Section B – point 2 – point h b (new): (hb) reduction of emissions from road, maritime and air transport through the use of alternative fuels and deployment of alternative fuels infrastructure, as well as the use of economic incentives to accelerate their take-up;

AddedAnnex VIII – Section B – point 2 – point h c (new): (hc) measures to reduce emissions from agriculture and forestry;

AddedAnnex VIII – Section B – point 2 – point i: (i) measures to protect the health of children or other sensitive population and vulnerable groups;

AddedAnnex VIII – Section B – point 2 – point i a (new): (ia) measures by health authorities to encourage behavioural changes.

AddedAnnex VIII – Section B a (new): Ba. Guidance and minimum requirements for analysing the projected impact of air quality plans or air quality roadmaps and pollution abatement measures / 1. Member States shall rely on objective and scientific methods to assess the projected impact of air quality plans, air quality roadmaps and pollution abatement measures. Where relying on projected impacts of pollution abatement measures for the delivery of compliance with air quality objectives, those projections shall include a low level of uncertainty. / 2. Air quality plans or air quality roadmaps shall contain enough information in sufficient detail in order to justify the impact assessment, including: / (a) a description of the method used for forecasting the evolution of air quality; / (b) an explanation of whether the projections are based on objective data or on assumptions; when relying on assumptions, a sensitivity analysis to explain best-case, most likely and worst-case scenarios; / (c) background documents and information used for the assessment; / (d) an assessment of the individual impact of each air pollution abatement measure on emission reductions and related concentration reductions and the relevant assumptions; / (e) an assessment of the combined impact of the air pollution abatement measures included in the air quality plan or air quality roadmap on emission reductions and related concentration reductions and the relevant assumptions. / 3. The impact assessment shall include the margin of uncertainty of…

AddedAnnex VIII a (new): ANNEX VIIIa / EMERGENCY MEASURES TO BE CONSIDERED FOR INCLUSION IN THE SHORT-TERM ACTION PLANS REQUIRED UNDER ARTICLE 20 / 1. Measures to be taken in the short term aimed at addressing the sources which contribute to the risk of the relevant limit values, target values or alert threshold being exceeded: / (a) restricting the circulation of vehicles; / (b) low-fare or fare-free public transportation; / (c) implementing stricter emission limits; / (d) suspending operations at construction works; (e) street cleaning; (f) flexible work arrangements; / (g) introducing driving restrictions around locations frequented by sensitive population and vulnerable groups. / 3. Proactive steps to be taken in order to provide specific air pollution, health and health protection information, both to the general public and to sensitive population and vulnerable groups, by means of easily accessible, online or offline communication channels, as soon as exceedances of information and alert thresholds and of limit values and target values are projected.

AddedAnnex IX – point 1 – point b: (b) measured concentrations of all pollutants and how they compare with the most recent maximum concentrations recommended by the WHO, presented according to the appropriate periods as laid down in Annex I;

AddedAnnex IX – point 1 – point c – introductory part: (c) information on observed exceedance(s) of any limit value, ozone target value, information threshold, alert threshold, and average exposure reduction obligation, including at least:

AddedAnnex 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,

AddedAnnex 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,

AddedAnnex IX – point 1 – point d – point iv: (iv) recommended precautions to be taken, broken down into precautions to be taken by the general population and by sensitive population and vulnerable groups, and actions to relieve the symptoms once exposure has occurred,

AddedAnnex IX – point 2 – point d: (d) information on short-term measures and preventive actions to reduce pollution and/or exposure to it: indication of main source sectors; recommendations for action to reduce emissions and limitations on exposure;