Changes from report parliamentary committee draft to plenary report

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.

Article 22 – paragraph 1 – point a: (a) air quality in accordance with Annex IX;

Change 41

RemovedTechnical correction, air quality information should be in accordance to the whole Annex IX.

AddedTechnical correction, needed to ensure the internal coherence of the text.

RemovedArticle 22 – paragraph 1 – point e: (e) the effects of exceedances of limit values, average exposure reduction obligations, 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 1 – point a a (new): (aa) any observed lack of data from sampling points, in particular in relation to the data referred to in point 1, points (a) and (b), of Annex IX;

RemovedArticle 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 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, follow the most up-to-date recommendations by the WHO, be based on the air quality indices at European scale provided by the European Environmental Agency and shall be accompanied by detailed information about the associated health risks for each pollutant, including information tailored to sensitive population and vulnerable groups.

AddedAmendment needed for the internal logic of the text (Annex IX).

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:

Article 23 – paragraph 2 – point a: (a) the changes made in that year to the list and delimitation of zones established under Article 6 or any NUTS 2 territorial unit ;

Change 42

ChangedArticle 23 – paragraph 2 – point b – introductory part: (b) the list of zones and NUTS 2 territorial units and the levels of pollutants assessed. For zones in which the levels of one or more pollutants are higher than the limit values or critical levels ,levels, as well as for NUTS 2 territorial units where the levels of one or more pollutants are higher than the target valuesvalues, average exposure reduction obligations or average exposure reductionconcentration obligations:objectives:

Change 43

RemovedArticle 24 – paragraph 2 – point a: (a) the limit values and long-term objectives, critical levels, alert and information thresholds , average exposure reduction obligations and average exposure concentration objectives specified in Annex I;

AddedArticle 25 – paragraph 2: 2. The power to adopt delegated acts referred to in Article 22(2a), Article 24 and Article 29(3a) shall be conferred on the Commission for a period of five years from ... [date of entry into force of this Directive]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

RemovedArticle 27 – paragraph 1 – subparagraph 1 – introductory part: 1. Member States shall ensure that, in accordance with their national legal system, members of the public 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 or acts taken by, or omissions of, the Member State to achieve compliance with this Directive, 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 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 25 – paragraph 3: 3. The delegation of power referred to in Article 22(2a), Article 24 and Article 29(3a) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

RemovedArticle 27 – paragraph 1 – subparagraph 2: Member States shall determine what constitutes a sufficient interest and impairment of a right consistently with the objective of giving the public wide access to justice.

AddedArticle 25 – paragraph 5 – subparagraph 2: A delegated act adopted pursuant to Article 22(2a), Article 24 and Article 29(3a) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of 2 months of notification of that act to the European Parliament and to the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months at the initiative of the European Parliament or of the Council.

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).

Article 27 – paragraph 2: 2. To have standing to participate in the review procedure shall not be conditional on the role that the member of the public concerned played during a participatory phase of the decision-making procedures under this Directive.

Change 44

RemovedArticle 27 – paragraph 3: 3. The review procedure shall be fair, equitable, timely and not prohibitively expensive, and shall provide adequate and effective redress mechanisms, including injunctive relief as appropriate. Member States shall ensure that the courts or other independent and impartial review bodies are able to apply effective coercive measures.

AddedArticle 28 – paragraph 1: 1. Member States shall ensure that natural persons who suffer damage to human health caused by a violation of this Directive, including, but not limited to, Article 13, Articles 19(1) to 19(4), 20(1) and 20(2), Article 21(1) second subparagraph, and Article 21(3) of this Directive by an omission, decision, act or delay of a decision or act of the competent authorities are entitled to compensation in accordance with this article.

Change 45

ChangedArticle 28 – paragraph 1:2: 1.2. Member States shall ensure that naturalnon-governmental personsorganisations whopromoting sufferthe damageprotection toof human health and well-beingor causedthe byenvironment aare violationallowed ofto therepresent provisionsnatural ofpersons thisreferred Directive,to including,in butparagraph not1 limitedand to,bring Articlescollective 13,actions 19(1)for tocompensation. 19(4),The 20(1)requirements andset 20(2),out 21(1)in secondArticle sub-paragraph10 and 21(3)Article of12(1) thisof Directive by(EU) the2020/1828 competentshall authoritiesmutatis aremutandis entitledapply to compensation in accordance withsuch thiscollective article.actions.

Change 46

ChangedArticle 28 – paragraph 4 – subparagraph 1: Where a claim for compensation is supported by evidenceevidence, including relevant scientific data, from which it may be presumed that the violation referred to in paragraph 1 has caused or contributed to the occurrence of the damage of that person, it shall be for the respondent public authority tocausal provelink thatbetween the violation did not cause or contribute toand the occurrence of the damage.damage shall be presumed.

Change 47

ChangedArticle 28 – paragraph 4 – subparagraph 2:2 Thea respondent(new): publicMember authorityStates shall beensure ablethat where the claimant has provided reasonably available evidence to rebutsupport thisa presumption.claim Infor particular,compensation thein respondentaccordance shallwith beparagraph required1, toand provehas reasonably substantiated that additional evidence lies in the violationcontrol didof notthe causerespondent public authority or contributea tothird theparty, occurrenceif ofrequested by the damageclaimant, the court or administrative authority is able to order that such evidence be disclosed by the violationrespondent didpublic notauthority reasonablyor leadthird party in accordance with national procedural law and subject to the associatedapplicable damageUnion sufferedand bynational therules claimant.on confidentiality and proportionality.