Changes from report parliamentary committee draft to plenary report

AddedArticle 17 – paragraph 1: 1. Member States may, for a given month, identify zones within which limit values for PM10 are exceeded in ambient air due to the re-suspension of particulates following winter-sanding or winter -salting of roads.

Removed"Exceptional" added to circumscribe the scope of the Regulation. The shortening of the time extension from 5 to 3 years aims to align the timing with the 3 years cycle of the Air Quality Plans in Article 19.

AddedArticle 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 and unpreventable site-specific dispersion characteristics, orographic boundary conditions or transboundary contributions, a Member State may postpone - that deadline once by a maximum of 5 years for that particular zone , if the following conditions are met:

Change 32

ChangedArticle 18 – paragraph 1 – point a: (a)-a an(new): air(-a) qualitythe planlevels isof establishedpollutants in accordance with Article 19(1)ambient andair meetingin the requirementsrelevant listedzone inare Articlebelow 19(5)the tolimit (7)values forspecified thein zoneSection to1, whichTable the2, postponementof wouldAnnex apply;I;

Change 33

RemovedParagraph 4 of Article 19 has been moved to Paragraph 1.

AddedAmendment for consistency with the amendment to Annex I, Section 5, Point B.

Change 34

ChangedArticle 18 – paragraph 1 – point b:a: (b)(a) thean air quality plan referred in point (a)roadmap is supplemented by the information listedestablished in Point B of Annex VIII related toaccordance thewith pollutantsArticle concerned19(-1) and demonstrates how exceedance periods abovemeeting the limit values will berequirements keptlisted asin shortArticle as19(5) possibleto and(7) howfor the limit values will be attained by thezone endto ofwhich the new postponed deadlinepostponement forwould compliance;apply;

Change 35

RemovedArticle 18 – paragraph 1 – point c: (c) the air quality plan referred to in point (a) outlines how the public and, in particular, sensitive population and vulnerable groups will be informed about the consequences of the postponement for human health and the environment and includes specific measures designed for the protection of the sensitive population and vulnerable groups;

AddedAmendment for consistency with a change of order made by another amendment to Article 19, whereby paragraph 4 is moved to the beginning of the Article, and with the introduction of the term “air quality roadmap”.

RemovedArticle 18 – paragraph 1 – point d a (new): (da) the levels of pollutants in ambient air in the relevant zone are below the limit values specified in Section 1, Table 2, of Annex I;

AddedArticle 18 – paragraph 1 – point b: (b) the air quality roadmap referred in point (a) is supplemented by the information listed in Point B of Annex VIII related to the pollutants concerned as well as annual projections on the evolution of emissions and concentrations in the zone concerned until the attainment date and demonstrates how the limit values will be attained by the end of the postponed deadline for compliance and how exceedance periods above the limit values will be kept as short as possible;

RemovedArticle 18 – paragraph 1 – point d b (new): (db) in addition to the information and reporting under Articles 22 and 23, annual projections are published on the evolution of emissions and concentrations in the zone concerned, taking into consideration the measures included in the air quality plan, covering all years until the attainment date; where any such projection reveals that the measures included in the air quality plan are insufficient to achieve likely compliance with the related limit value by the postponed attainment deadline, 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 attain compliance by the postponed deadline.

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

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.

Article 19 – paragraph 4: deleted / (deleted)

Change 36

ChangedArticle 19 – paragraph 5 – subparagraph 1 – pointintroductory c:part: (c)Air informationquality onplans abatementand measuresair listedquality inroadmaps Pointshall B,contain Pointat 2least ofthe Annexfollowing VIII;information:

Change 37

ChangedArticle 19 – paragraph 5 – subparagraph 1 – point cb a (new): (ca) where applicable,(ba) the information referred to in Point B, point 1, of Annex VIII.VIII, and in particular measures included in the National Air Pollution Control Programme (NAPCP);

Change 38

RemovedArticle 19 – paragraph 6 – subparagraph 1 a (new): Member States shall ensure that before the time period for receiving comments from the public starts, the following is made available to the public on the internet, free of charge and without restricting access to registered users: / (a) the draft air quality plan containing the minimum information required under Points A and B of Annex VIII; / (b) information on the estimated impact of the air quality plan assessed pursuant to Point C of Annex VIII, and the background documents and information used for the development of the draft; / (c) a non-technical summary of the information referred to under points (a) and (b).

AddedArticle 19 – paragraph 5 – subparagraph 1 – point c: (c) information on abatement measures listed in Point B, Point 2 of Annex VIII.

RemovedArticle 19 – paragraph 7 a (new): 7a. The Commission shall facilitate the elaboration and implementation of the air quality plans, where appropriate, through an exchange of good practices. The Commission may establish guidance on the elaboration, implementation and revision of air quality plans.

AddedArticle 19 – paragraph 5 – subparagraph 2: Member States shall include measures referred to in Article 20(2) and specific measures aiming at the protection of sensitive population and vulnerable groups, including children in their air quality plans and air quality roadmaps.

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

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

Change 39

ChangedArticle 2019 – paragraph 15 – subparagraph 2: However, where3: thereRegarding isthe apollutants riskconcerned, thatwhen thepreparing alertair thresholdquality forplans ozoneor willair bequality exceededroadmaps, Member States may refrain from drawing up such short-term action plans when there is no significantshall potential,assess takingthe intorisk accountof nationalexceeding geographical,the meteorologicalrespective andalert economicthresholds. conditions,That toanalysis reduceshall thebe risk,used durationfor orestablishing severityshort-term ofaction suchplans anwhere exceedance.applicable.

Change 40

RemovedTechnical correction, words missing in the COM proposal.

AddedArticle 19 – paragraph 5 – subparagraph 4: Where air quality plans or air quality roadmaps shall be established in respect of several pollutants or air quality standards, Member States shall, where appropriate, establish integrated air quality plans or air quality roadmaps covering all pollutants and air quality standards concerned.

RemovedArticle 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 alert threshold being exceeded. Member States shall also take into consideration the list of measures outlined 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 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.

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

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

AddedArticle 19 – paragraph 5 – subparagraph 5: Member States shall, to the extent feasible, ensure consistency of their air quality plans and air quality roadmaps with other plans that have a significant impact on air quality, including those required under Directive 2010/75/ EU of the European Parliament and of the Council58, Directives (EU) 2016/2284 and 2002/49/EC and under climate, biodiversity protection, energy, transport and agriculture legislation.

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”.