Changes from report parliamentary committee draft to plenary report

RemovedArticle 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.

AddedArticle 5 – paragraph 1 – point h: (h) establishment of air quality plans and air quality roadmaps;

RemovedObjective estimation has been eliminated from the Rapporteur proposal.Amendment for consistency with changes on paragraph 5. The Rapporteur suggests to always have a combination of model and indicative data, to increase data quality.

AddedArticle 5 – paragraph 1 – point i a (new): (ia) provision and maintenance of an hourly updated air quality index and other relevant public information.

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.

Article 9 – paragraph 2: 2. In each zone where the level of pollutants exceeds the assessment threshold specified in Annex II, the number of sampling points for each pollutant shall not be less than the minimum number of sampling points specified in Points A and C of Annex III .

Change 17

ChangedAmendment to fix a typo error in the Commission’sCommission proposal. Tables 3 and 4 apply to instances when numbers of monitoring sites can be reduced by 50%, dealt with in the following paragraph.

Change 18

RemovedArticle 9 – paragraph 3 – introductory part: 3. For zones where the level of pollutants exceeds the relevant assessment threshold specified in Annex II, but not the respective limit values specified in Table 1 of Section 1 of Annex I or critical levels specified in Section 3 of Annex I and where information from fixed measurement sampling points is supplemented by information from modelling or indicative measurement, the minimum number of sampling points may be reduced by up to 50 %, in accordance with Points A and C of Annex III provided that the following conditions are met:

AddedArticle 9 – paragraph 3 – point c: (c) the number of indicative measurements is the same as the number of fixed measurements that are being replaced and the indicative measurements have a minimum duration of 2 months per calendar year equally distributed over the calendar year;

RemovedArticle 9 – paragraph 3 – point a: (a) indicative measurements and modelling provide sufficient information for the assessment of air quality with regard to limit values, critical levels, information thresholds and alert thresholds, as well as adequate information for the public , in addition to the one provided by the fixed sampling points ;

AddedArticle 9 – paragraph 5: 5. Each Member State shall, in accordance with Annex IV, ensure that the distribution used for the calculation of the average exposure indicators for PM2.5 and nitrogen dioxide (NO2), reflect the general population exposure adequately. The number of sampling points shall be no less than that determined by application of Point B, of Annex III.

RemovedArticle 9 – paragraph 3 – point c: (c) the number of indicative measurements is the same as the number of fixed measurements that are being replaced and the indicative measurements cover the full calendar year;

AddedArticle 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 absolutely necessary. Relocation of sampling points shall be done within their area of spatial representativeness, ensure continuity of measurement and be based on modelling results.

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.

Article 10 – paragraph 5: 5. Measurements at all monitoring supersites at urban background locations shall include fixed measurements of size distribution of ultrafine particles and particulate matter oxidative potential.

Article 10 – paragraph 6 – point a: (a) fixed measurements of particulate matter (PM10 and PM2.5), nitrogen dioxide (NO2), sulphur dioxide (SO2), carbon monoxide (CO), ozone (O3), black carbon (BC), ammonia (NH3) and ultrafine particles (UFP).

Article 10 – paragraph 6 – point b: (b) fixed measurements of fine particulate matter (PM2.5) for the purposes of providing, as a minimum, information on their total mass concentration and their chemical speciation concentrations on an annual average basis in accordance with Section 1 of Annex VII;

Change 19

ChangedArticle 10 – paragraph 6 – point c: (c) fixed measurements of arsenic, cadmium, nickel, total gaseous mercury, benzo(a)pyrene and the other polycyclic aromatic hydrocarbons referred to in Article 8(6), and of the total deposition of arsenic, cadmium, mercury, nickel, lead, benzene, benzo(a)pyrene and the other polycyclic aromatic hydrocarbons referred to in Article 8(6), irrespective of concentration levels.

Change 20

RemovedArticle 12 – title: Requirements where levels are lower than the limit values and average exposure concentration objectives

AddedArticle 10 – paragraph 7: 7. Measurements of particulate and gaseous divalent mercury shall also be undertaken at monitoring supersites at urban background locations and rural background locations.

RemovedAmendment for consistency with the changes made on ozone as proposed by the Rapporteur proposal. Deletion of the reference to assessment thresholds because it was incoherent with paragraph 4 of this article. If Member States shall endeavour to achieve the best ambient air quality, there is no reason to limit the obligation only to the areas where concentrations are above the assessment thresholds.

AddedArticle 12 – title: Requirements where levels are lower than the limit values, ozone target value and average exposure concentration objectives

RemovedArticle 12 – paragraph 1: 1. In zones where the levels of sulphur dioxide, nitrogen dioxide, particulate matter ( PM10 and PM2.5), ozone, lead, benzene, carbon monoxide , arsenic, cadmium, nickel and benzo(a)pyrene in ambient air are below the respective limit values specified in Section 1 of Annex I , Member States shall maintain the levels of those pollutants below the limit values .

AddedDeletion of the reference to assessment thresholds because it is incoherent with paragraph 4 of this article. If Member States shall endeavour to achieve the best ambient air quality, there is no reason to limit the obligation only to the areas where concentrations are above the assessment thresholds.

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.

Change 21

ChangedArticle 12 – paragraph 2:3: 2.3. In zones in which ozone levels are belowterritorial theunits ozoneat limitNUTS value2 Memberlevel Statesas shalldescribed takein necessaryRegulation measures(EC) toNo maintain1059/2003 thosewhere levelsthe belowaverage theexposure ozoneindicators limitfor valuePM2.5 and endeavourNO2 toare attainbelow the long-term objectivesrespective specifiedvalue inof Sectionthe 2average ofexposure Annexconcentration I,objectives infor sothose farpollutants as factorslaid includingdown thein transboundarySection nature5 of ozoneAnnex pollutionI, andMember meteorologicalStates conditionsshall somaintain permit,the andlevels maintainof those levelspollutants below the long-termaverage objectives.exposure concentration objectives

Change 22

ChangedArticle 12 – paragraph 3:4: 3.4. InMember territorialStates unitsshall atendeavour NUTSto 2achieve leveland aspreserve describedthe inbest Regulationambient (EC)air Noquality 1059/2003and wherea thehigh averagelevel exposureof indicatorsenvironmental forand PM2.5human andhealth NO2protection are, belowin line with the respectivemost valuerecent ofWHO theAir averageQuality exposureGuidelines concentrationand objectivesreviews forpublished thoseby pollutantsthe asWHO laidRegional downOffice infor SectionEurope 5and ofbelow Annexthe I,assessment Memberthresholds Stateslaid shalldown maintainin theAnnex levelsII, ofpaying thoseparticular pollutantsattention belowto the averageprotection exposureof concentrationsensitive objectives.population and vulnerable groups.

Change 23

RemovedArticle 12 – paragraph 4: 4. Member States shall achieve and preserve the best ambient air quality and a high level of environmental and human health protection, in line with the most recent air quality guidelines published by the WHO and below the assessment thresholds laid down in Annex II, paying particular attention to the protection of sensitive population and vulnerable groups, as well as socio-economic and health inequalities.

RemovedArticle 13 – title: Limit values and average exposure reduction obligation for the protection of human health

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

RemovedArticle 13 – paragraph 1: 1. Member States shall ensure that, throughout their zones , levels of sulphur dioxide, nitrogen dioxide, particulate matter ( PM10 and PM2.5), ozone, lead, benzene, carbon monoxide , arsenic, cadmium, nickel and benzo(a)pyrene in ambient air, do not exceed the limit values laid down in Section 1 of Annex I.

RemovedArticle 13 – paragraph 2: 2. For ozone, Member States shall ensure, by taking all necessary measures not entailing disproportionate costs, that throughout the zone long-term objectives are attained, as laid down in Section 2, Point C, of Annex I.

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

Article 13 – paragraph 3: 3. Member States shall ensure that the average exposure reduction obligations for PM2.5 and NO2 laid down in Section 5, Point B, of Annex I, are met throughout their territorial units at NUTS 2 level, where they exceed the average exposure concentration objectives set out in Section 5, Point C, of Annex I.

Change 24

AddedArticle 13 – paragraph 6: 6. The deadline for attaining the limit values laid down in Table 1 of Section 1 of Annex I for the pollutants referred to in Article 18(1) may be postponed in accordance with Article 18.

Article 15 – paragraph 1: 1. The alert thresholds for concentrations of sulphur dioxide, nitrogen dioxide, particulate matter (PM10 and PM2.5) and ozone in ambient air shall be those laid down in Section 4, Point A of Annex I.

Article 15 – paragraph 2: 2. The information thresholds for concentrations of sulphur dioxide, nitrogen dioxide, particulate matter (PM10 and PM2.5) and ozone shall be that laid down in Section 4, Point B, of Annex I.

Change 25

ChangedArticle 15 – paragraph 3: 3. Where2 anya alert(new): threshold2a. orWhere any informationalert threshold laid down in Section 44, Point A, of Annex I is exceeded, Member States shall take the necessary steps to inform the public within a few hours at the latest, providing detailed information about the severity ofimplement thewithout exceedanceundue anddelay the associated health impacts, and on sensitive population andemergency vulnerablemeasures groupsindicated in particular, and making use of different mediathe andshort-term communicationaction channelsplans anddrawn ensuringup broadunder publicArticle access.20.

Change 26

ChangedArticle 15 – paragraph 3 a (new):3: 3a.3. Where any alert threshold laid down in Section 4, Point A,4 of Annex I is exceeded, Member States shall implementtake the emergencynecessary measuressteps outlinedto inform the public within a few hours at the latest, in short-terma actioncoherent plansand drawneasily upunderstandable undermanner, Articleproviding 20.detailed information about the severity of the exceedance and the associated health impacts, as well as suggestions for the protection of the population, with a special focus on sensitive population and vulnerable groups. Member States shall make use of different media and communication channels and ensure broad public access.

Change 27

AddedArticle 15 – paragraph 3 a (new): 3a. Where any information threshold laid down in Section 4 of Annex I is exceeded, Member States shall take the necessary steps to inform the public, and sensitive population and vulnerable groups in particular, within a few hours at the latest, in an accessible, coherent and easily understandable manner.

AddedArticle 15 – paragraph 4: 4. Member States shall ensure that information about actual or predicted exceedances of any alert threshold or information threshold is provided to the public in a coherent and easily understandable manner as soon as possible in accordance with, points 2 and 3 of Annex IX.

Article 16 – paragraph 1 – point b: (b) NUTS 2 territorial units where exceedances of the level determined by the average exposure reduction obligations are attributable to natural sources.

Change 28

ChangedArticle 16 – paragraph 2: 2. Member States shall provide the Commission with lists of any such zones and NUTS 2 territorial units, as referred to in paragraph 1, together with: / (a) ainformation progresson reportconcentrations onand thesources; implementation/ of(b) the nationalevidence strategydemonstrating forthat adaptationthe exceedances are attributable to climatenatural changesources adoptedand pursuantcould tonot Articlehave 5(4)been ofanticipated, Regulationprevented (EU)or 2021/1119;mitigated /by (b)the Member State concerned, including, where appropriate, the evidence demonstrating the impact of ecosystem perturbations driven by climate change resulting in excess emissions insuch aexceedances; way/ which(c) isinformation beyondon the Member States’ control and could not have been anticipated or prevented, in particular by implementingimplementation sufficientof adaptationrelevant measures to ensureunder the resilience ofnational thestrategy affectedfor areaadaptation to climate change; / (c) information on concentrations and sources; and / (d) the evidencechange demonstratingadopted thatpursuant theto exceedancesArticle are5(4) attributableof toRegulation natural(EU) sources.2021/1119.

Change 29

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

Article 16 – paragraph 3: 3. Where the Commission has been informed of an exceedance attributable to natural sources in accordance with paragraph 2, it shall review the evidence and inform the Member State whether that exceedance may not be considered as an exceedance for the purposes of this Directive.

Change 30

ChangedToAmendment necessary to ensure the integrityconsistency of the Article and given the amount of new evidence that a Member State needs to provide in order to discount the exceedance for the compliance purposes, it should be made clear that the Commission will review the evidence and inform the Member State accordingly.

Change 31

RemovedArticle 18 – paragraph 1 – introductory part: 1. Where, in a given zone , conformity with the limit values for particulate matter (PM10 and PM2.5) or nitrogen dioxide cannot be achieved by the deadline specified in Table 1 of Section 1 of Annex I, because of exceptional site-specific dispersion characteristics, orographic boundary conditions, adverse climatic conditions or transboundary contributions, a Member State may postpone - that deadline once by a maximum of 3 years for that particular zone , if the following conditions are met: