Changes from report parliamentary committee draft to plenary report

RemovedRecital 25: (25) Air quality status should be maintained where it is already good, or improved. Where the standards for ambient air quality laid down in this Directive are at risk of not being met, or have not been met, Member States should take immediate action in order to comply with the limit values, average exposure reduction obligations, critical levels and the ozone long-term objectives.

AddedRecital 15 d (new): (15d) Air pollution from maritime transport alone leads to over 50 000 premature deaths annually in the Union1a. While the most detrimental part of maritime transport exhausts is sulphur dioxide pollution, NOx should not be forgotten. The impact of maritime transport on the environment and on coastal communities, both in terms of ecosystem damage and public health, could be alleviated with a comprehensive electrification of short-distance and urban maritime transport, in addition to zero-emission requirements and infrastructure at berth. Moreover, comprehensive coverage of the Union maritime space under sulphur emission control area (SECA) and nitrogen emission control area (NECA) zones would significantly contribute to the reduction of air pollution in ports and port cities, as well as in Union waters. / 1a Brandt, J., Silver, J. D., and Frohn, L. M., Assessment of Health-Cost Externalities of Air Pollution at the National Level using the EVA Model System, CEEH Scientific Report No 3, 2011.

RemovedAmendment to reflect the change in the proposal of the ozone target value for protection of human health into a limit value.

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

RemovedRecital 29: (29) Contributions from natural sources can be assessed but can in some instances be difficult to control. However, the overall health impact of such contributions can be reduced. Therefore, where natural contributions to pollutants in ambient air can be determined with sufficient certainty, and where exceedances are due in whole or in part to these natural contributions, which are beyond the Member States’ control and could not have been anticipated or prevented, these may, under the conditions laid down in this Directive, be subtracted when assessing compliance with air quality limit values. The subtraction should be allowed provided that reasonable measures have been taken to reduce local emissions from anthropogenic sources during the episodes and to inform the population about individual actions to reduce the exposure. Moreover, Member States should be able to demonstrate the unpreventable nature of the episode. Contributions to exceedances of particulate matter limit values attributable to winter-sanding or winter-salting of roads may also be subtracted when assessing compliance with air quality limit values for particulate matter provided that all reasonable measures have been taken to lower concentrations and that the source contribution from winter-sanding and winter-salting in relation to other sources has been assessed by analyses of chemical constituents of particulate matter and the population has been informed about potential individual actions to reduce the exp…

AddedRecital 16: (16) Scientific evidence shows that sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter, lead, benzene, carbon monoxide, arsenic, cadmium, nickel some polycyclic aromatic hydrocarbons and ozone are responsible for an array of significant adverse effects on human health that can result in premature death, and that there is no identifiable threshold below which those substances do not pose a risk to human health. Those substances damage most organ systems and are linked to many debilitating diseases, such as childhood and adult-onset asthma, cardiovascular diseases, chronic obstructive pulmonary disease, pneumonia, strokes, diabetes, lung cancer, impaired cognitive development and dementia. Impact on human health and the environment occurs via concentrations in ambient air and via deposition.

RemovedScientific evidence demonstrates that air pollution from “natural” sources is also harmful to human health, for that reason it is necessary to reinforce this flexibility. Changes in the recital are necessary to ensure the consistency with changes to paragraph 2 of Article 16.

AddedRecital 16 a (new): (16a) Air pollution affects the human body, in both the short and long term, in ways that are detrimental to health. Even though air pollution is a universal health problem that affects everyone, the risks are not evenly distributed amongst the population, with some groups of people at greater risk of harm than others. Sensitive population and vulnerable groups, such as those with specific pre-existing health conditions (e.g. respiratory or cardiovascular diseases), pregnant women, newborns, children, the elderly, people living with disabilities or having inadequate access to medical care, and workers who are exposed to particularly high levels of air pollution in their profession, appear to be most at risk, as highlighted by studies linking air pollution to decreased cognitive performance among the elderly as well as suggesting that poor air quality is especially dangerous to children. Those groups should be informed and protected. This Directive recognises the increased risks and specific needs of sensitive population and vulnerable groups as regards air pollution and aims to address health inequalities caused by polluted air.

AddedRecital 16 b (new): (16b) While ambient air pollution is a major environmental health risk affecting everyone and all Member States, there is ample evidence emerging on the associations between socio-economic status and air pollution, demonstrating in particular that the health of people of lower socio-economic status tends to be more affected by air pollution than the health of the general population as a result of their both greater exposure and higher vulnerability1a. Member States should take into account such factors when drafting, implementing or updating their air quality plans or air quality roadmaps to address effectively the social aspects of air pollution and to minimise the socio-economic impacts of measures taken. / 1a Unequal exposure and unequal impacts: social vulnerability to air pollution, noise and extreme temperatures in Europe, European Environment Agency, 2018.

AddedRecital 18: (18) The average exposure of the population to the pollutants with the highest documented impact on human health, fine particulate matter (PM2.5) and nitrogen dioxide (NO2), should be reduced based on the most up-to-date WHO recommendations. To this end, an average exposure reduction obligation should be introduced for these pollutants, in addition to limit values. The average exposure reduction obligation should complement and not substitute those limit values which have demonstrated to be the most effectively enforceable standards to date.

AddedRecital 19: (19) The Fitness Check of the Ambient Air Quality Directives (Directives 2004/107/EC and 2008/50/EC)45 has shown that limit values are more effective in bringing down pollutant concentrations than other types of air quality standards, such as target values. With the aim of minimising harmful effects on human health, paying particular attention to vulnerable groups and sensitive populations, and the environment limit values should be set for the concentration of sulphur dioxide, nitrogen dioxide, particulate matter, lead, benzene, carbon monoxide, arsenic, cadmium, nickel and polycyclic aromatic hydrocarbons in ambient air. To ensure effective protection against harmful effects on ecosystems, those limit values should be regularly updated in light of the most recent recommendations by the WHO. Benzo(a)pyrene should be used as a marker for the carcinogenic risk of polycyclic aromatic hydrocarbons in ambient air.

AddedRecital 21: (21) Ozone is a transboundary pollutant formed in the atmosphere from the emission of primary pollutants, some of which are addressed by Directive 2016/2284/EU of the European Parliament and of the Council46. Ground-level ozone adversely affects not only human health but also vegetation and ecosystems, leading to decreased crop yields and forest growth, and loss of biodiversity. Progress towards the air quality targets and long-term objectives for ozone set in this Directive should be determined by the targets and emission reduction commitments provided for in Directive 2016/2284/EU and, by implementing cost-effective measures, air quality roadmaps and air quality plans .

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

AddedRecital 22: (22) The ozone target values and long-term objectives of ensuring effective protection against harmful effects on human health and vegetation and ecosystems from exposure to ozone should be regularly updated in light of the most recent recommendations of the World Health Organization .

AddedRecital 23: (23) An alert threshold and an information threshold for sulphur dioxide, nitrogen dioxide, particulate matter (PM10 and PM2.5) and ozone, should be set for the protection of the general population, and especially sensitive population and vulnerable groups, from brief exposures to elevated concentrations of pollutants. Those thresholds should trigger the dissemination of information to the public on the associated health risks of exposure and the implementation, of short-term measures to reduce pollution levels where the alert threshold is exceeded. Alert and information thresholds are not set for the other regulated pollutants, as evidence on the health effects of those pollutants often considers long-term exposure effects only. In the event that scientific evidence emerges on their short-term exposure effects, the Commission should evaluate the need to introduce alert and information thresholds for those pollutants.

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

AddedRecital 25: (25) Air quality status should be maintained where it is already good, or improved. Where the standards for ambient air quality laid down in this Directive are at risk of not being met, or have not been met, Member States should take immediate and continuous action in order to comply with the limit values , average exposure reduction obligations and critical levels, and to attain the ozone target values and long-term objectives

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

AddedRecital 29: (29) Contributions from natural sources can be assessed but can in some instances be difficult to control. Therefore, where natural contributions to pollutants in ambient air can be determined with sufficient certainty, and where exceedances are due in whole or in part to these natural contributions, which are beyond the Member States’ control and could not have been anticipated, mitigated or prevented, these may, under the conditions laid down in this Directive, be subtracted when assessing compliance with air quality limit values and average exposure reduction obligations. Contributions to exceedances of particulate matter limit values attributable to winter-sanding or winter-salting of roads may also be subtracted when assessing compliance with air quality limit values only when evidence is provided that all reasonable measures have been taken to lower concentrations. Subtractions of those contributions when assessing compliance with air quality limit values and average exposure reduction obligations should not prevent Member States from taking action to reduce their health impact.

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

AddedRecital 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.

AddedAmendment 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 4

RemovedThe term "agglomeration" deleted for consistency, since it has been deleted at the beginning of the Recital and in the text of the COM proposal as well.

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

Change 5

ChangedRecital 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 .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 ,Council48, Directive (EU) 2016/2284, and Directive 2002/49/EC of the European Parliament and of the Council49 .Council49.

"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.

Change 6

RemovedRecital 32: (32) Preparatory air quality plans should be prepared ahead of 2030 setting out measures and policies to comply with this Directive and for the Member States to attain the new limit values set out in this Directive by that date in order to ensure that levels of pollutants are reduced accordingly.

AddedRecital 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.

RemovedRecital 33: (33) Action plans should be drawn up indicating the measures to be taken in the short term where there is a risk of an exceedance of one or more alert thresholds in order to reduce that risk and to limit its duration. When the risk applies to one or more limit values Member States may, where appropriate, draw up such short-term action plans.

AddedRecital 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).

RemovedAmendment to reflect the change in the proposal of the ozone target value for protection of humans into a limit value.

AddedRecital 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.

RemovedRecital 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, average exposure reduction obligation or alert threshold. The transboundary nature of specific pollutants, such as ozone and particulate matter, may require coordination between neighbouring Member States in drawing up and implementing air quality plans and short-term action plans and in informing the public. Where appropriate, Member States should pursue cooperation with third countries, with particular emphasis on the early involvement of candidate countries. The Commission should be timely informed of and invited to assist in any such cooperation.

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

RemovedRecital 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 right to 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 recognised by the United Nations General Assembly in resolution A/76/L.75 dated 26 July 2022.

AddedRecital 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.

RemovedArticle 1 – paragraph 1: 1. This Directive sets out a zero pollution objective for air quality, so that within the Union air quality is progressively improved to levels no longer considered harmful to human health and natural ecosystems, as defined by the most up-to-date scientific evidence, thus contributing to a toxic-free environment at the latest by 2050.

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

RemovedArticle 1 – paragraph 2: 2. This Directive sets limit values, average exposure reduction obligations, average exposure concentration objectives, critical levels, information thresholds, alert thresholds and long-term objectives (‘air quality standards’) to be met by the year 2030 at the latest, and regularly reviewed thereafter in accordance with Article 3.

AddedRecital 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).

RemovedArticle 1 – paragraph 3 a (new): 3a. In addition, this Directive protects the individual right to breathe clean and healthy air, which follows from Articles 2, 3, 7, 35 and 37 of the Charter of Fundamental Rights of the European Union.

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

AddedRecital 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.

AddedRecital 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.

AddedArticle 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.

AddedArticle 1 – paragraph 2: 2. This Directive sets limit values, target values, average exposure reduction obligations, average exposure concentration objectives and critical levels, to be met as soon as possible and by the year 2030 at the latest, and 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.

AddedArticle 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.

AddedArticle 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;

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

Change 7

RemovedArticle 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 continuous alignment with the most-up-to date WHO Air Quality Guidelines and the latest scientific information.

AddedArticle 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.

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

AddedAmendment 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

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

AddedArticle 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.

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

AddedArticle 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.

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