Changes from report parliamentary committee draft to plenary report

Change 48

RemovedArticle 28 – paragraph 4 a (new): 4a. For the purpose of this Article, it shall be presumed that where limit values specified in Article 13 and Table 1 of Annex I are exceeded, air pollution becomes harmful to human health and well-being of those exposed to it, in particular sensitive population groups, and it causes or contributes to the associated health effects. / The association between the exceedance of the limit values and health effects shall be based on reliable relevant data, including, but not limited to, epidemiological studies. / Member States shall create the opportunity to systematise and publish available information on epidemiological studies and other scientific data on health effects of air pollution and causality associations, taking into account both domestic and international research, impact factor considerations, peer-reviewed publications, university and research institutions rankings, degree of acceptance by the scientific community and its admissibility in legal procedures under this Directive.

AddedArticle 28 – paragraph 4 – subparagraph 2 b (new): The violation of this Directive by the respondent public authority shall be presumed where the respondent public authority has failed to comply with an obligation to disclose relevant requested evidence at its disposal pursuant to this paragraph.

RemovedArticle 28 – paragraph 6: 6. Member States shall ensure that the limitation periods for bringing actions for compensation as referred to in paragraph 1 are not less than 10 years. Such periods shall not begin to run before the violation has ceased and the person claiming the compensation knows, or can reasonably be expected to know, that he or she suffered damage from a violation as referred to in paragraph 1. / Where new relevant data, for example scientific studies, epidemiological studies, or other such studies, demonstrates for the first time a causality link between a violation as referred to in paragraph 1 and adverse health effects, the limitation period shall begin to run from the date of release of those relevant data. Where the limitation period has already begun to run, that period shall be reset as from the date of release of the relevant data.

AddedArticle 28 – paragraph 4 a (new): 4a. For the purpose of this Article, ‘relevant scientific data’ means statistical, epidemiological and other data demonstrating a statistically robust causal relationship between certain types of pollution and certain health conditions.

RemovedArticle 29 – paragraph 3 a (new): 3a. The types of infringements subject to penalties shall be at least the following: / (a) exceeding any limit value laid down in Section 1 of Annex I, in breach of Article 13(1); / (b) exceeding the average exposure reduction obligation laid down in Section 5 of Annex I, in breach of Article 13(3); / (c) failing to promptly adopt or implement adequate air quality plans pursuant to Article 19; / (d) failing to promptly adopt or implement adequate short-term action plans pursuant to Article 20; / (e) non-compliance with measures to reduce air pollution set out in air quality plans pursuant to Article 19 and short-term action plans pursuant to Article 20; / (f) failing to take the necessary steps to inform the public in the event of information or alert thresholds being exceeded pursuant to Article 15(3); / (g) failing to design the monitoring network and locate sampling points in accordance with the requirements in Article 9 and Annexes III, IV and V.

AddedArticle 28 – paragraph 6: 6. Member States shall ensure that the limitation periods for bringing actions for compensation as referred to in paragraph 1 are not less than 10 years. Such periods shall not begin to run before the violation has ceased and the person claiming the compensation knows, or can reasonably be expected to know, that he or she suffered damage from a violation as referred to in paragraph 1.

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

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

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

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

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

Article 31 – paragraph 1 – subparagraph 1: Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Articles 1, 2 and 3, Article 4, points (2), (13), (14), (16), (18), (19), (21), (22), points (24) to (30), points (36), (37), (38) and (39), Articles 5 to 12, Article 13(1), (2), (3), (6) and (7), Article 15, Article 16(1) and (2), Articles 17, 18, 20 and 21, Article 22(1), (2) and (4), Articles 23 to 29 and Annexes I to IX by [insert date : 18 months after entry into force] at the latest .

Change 49

AddedAmendment needed for the internal logic of the text.

Article 31 – paragraph 1 – subparagraph 1 a (new): Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Article 19 by ... [three months after the date of entry into force of this Directive] at the latest.

Change 50

RemovedTo be in line with the objectives of the Zero Pollution ambition, the EU air quality standards need to be fully aligned with the most up to date WHO Air Quality Guidelines. Given that the suggested limit values for some pollutants have not been updated in the 2021 WHO guidelines, these have been aligned with earlier WHO guidelines or other national limit values. The hourly limit value for SO2 has been aligned with the values agreed under the Gothenburg Protocol and in line with the US NAAQS.

AddedB Ozone target values

RemovedAnnex I – Section 2 – title: 2 Ozone long-term objectives

AddedB Ozone target values

RemovedAnnex I – Section 2 – point B: deleted / (deleted)

AddedC Long-term objectives for ozone (O3)

Removeddeleted

RemovedGiven the extensive impacts of ozone on human health and the need to reduce the level of this pollutant in the ambient air, it is necessary to transform the currently applicable target value for this pollutant into a legally binding limit value. At the same time, for the sake of consistency, the ozone target value for the protection of the environment should be transformed into an ozone critical level.

RemovedOzone concentrations peak in certain parts of the year, especially in regions with high emissions from traffic and industry. In regions away from the equator, in the northern hemisphere, this period will typically be in the warm season (summer) within a single calendar year. Consequently, possible exceedances are likely to be recorded during that period. The long-term objective for this pollutant should therefore be also linked to the peak season exposure in line with the 2021 WHO Guidelines.

RemovedFor the sake of consistency with the other pollutants having adverse effect on the ecosystem, the ozone target value for the protection of the environment should be transformed into an ozone critical level. Moreover, critical level for ammonia should be also introduced, in line with the provisions of the Convention on Long Range Transboundary Air Pollution (LRTAP) and the values recommended by the group of experts under the Convention.

Annex I – Section 4 – point A – title: A Alert thresholds

Change 51

ChangedAnnex I – Section 4 – point A – paragraph 1: The alert thresholds are triggered when the values in the following table are exceeded for 3 consecutive hours in the case of sulphur dioxide, nitrogen dioxide and ozone, and over 23 consecutive days for PM10 and PM2.5.PM2.5, at locations representative of air quality over at least 100 km2 or an entire zone, whichever is the smaller.

Change 52

RemovedFor the sake of overall consistency of the Directive, alert threshold for ozone should be included together with the alert thresholds for other pollutants. Moreover, alert thresholds for SO2 and NO2 should be lowered following the alignment of the limit values listed in Table 1 Section 1 of Annex I (the new values proposed have as a basis the Canadian air quality legislation).

Annex I – Section 4 – point B – title: B Information thresholds

Annex I – Section 4 – point B – paragraph -1 (new): The information thresholds are triggered when the values in the following table are exceeded for a 24-hour period in the case of sulphur dioxide, nitrogen dioxide, PM10 and PM2.5, and for 3 consecutive hours in the case of ozone.

Change 53

RemovedThere are certain risks to human health from brief exposure for particularly sensitive population and vulnerable groups to pollutants other than ozone, such as SO2, NO2, PM2.5 and PM10. It is therefore prudent to include in the Directive information thresholds also for those pollutants. The numerical values for newly introduced information thresholds are based on those of the Canadian air quality legislation.

AddedAnnex I – Section 5 – point A – paragraph 1: The Average Exposure Indicator expressed in μg/m3 (AEI) shall be based upon measurements at all sampling points in urban background locations in territorial units at NUTS 2 level throughout the territory of a Member State. It shall be assessed as a 3-calendar-year running annual mean concentration averaged over all sampling points of the relevant pollutant in each NUTS 2 territorial unit. The AEI for a particular year shall be the mean concentration of that same year and the preceding 2 years.

RemovedAnnex I – Section 5 – point A – paragraph 1: The Average Exposure Indicator expressed in μg/m3 (AEI) shall be based upon measurements at all sampling points in urban background, traffic, industrial and residentiallocations in territorial units at NUTS 2 level throughout the territory of a Member State. It shall be assessed as a 3-calendar-year running annual mean concentration averaged over all sampling points of the relevant pollutant in each NUTS 2 territorial unit. The AEI for a particular year shall be the mean concentration of that same year and the preceding 2 years.

AddedAnnex I – Section 5 – point A – paragraph 2: Where Member States identify exceedances attributable to natural sources, which the Member State or Member States could not have mitigated, contributions from natural sources shall be deducted before calculating the AEI.

Change 54

ChangedAnnex I – Section 5 –point– point B – paragraph 1 – indent 1: – for PM2.5, 25% lower than the AEI was 57 years before, unless it is already no higher than the average exposure concentration objective for PM2.5 defined in Section C.

Change 55

ChangedAnnex I – Section 5 – point B – paragraph 1 – indent 2: – for NO2, 25% lower than the AEI was 57 years before, unless it is already no higher than the average exposure concentration objective for NO2 defined in Section C.

Change 56

ChangedThe assessment thresholds forAnnex healthIII protection– haveSection beenA adjusted– inpoint light1 of– theparagraph full1: alignmentTable with1 the- WHOMinimum guidelinesnumber of the limit values listedsampling inpoints Tablefor 1fixed ofmeasurement Sectionto 1assess ofcompliance Annexwith Ilimit byvalues usingfor the percentageprotection of the upperhuman assessmenthealth thresholdand forinformation eachand pollutantalert listedthresholds in thezones currentwhere Directive.fixed Formeasurement ozoneis the assessment threshold has been derived from EEAsole Assessmentsource of ground-levelinformation ozone(for inall EEApollutants memberexcept countries.ozone)

Change 57

RemovedFollowing the addition of ozone and ammonia to the list of critical levels for the protection of vegetation and natural ecosystems, it is necessary to establish assessment thresholds for both pollutants. Assessment threshold for ammonia stems from the work of the expert group under the Convention on Long Range Transboundary Air Pollution (LRTAP). For ozone the assessment threshold has been derived from EEA Assessment of ground-level ozone in EEA member countries,

AddedAnnex III – Section A – point 1 – paragraph 3: Table 3 - Minimum number of sampling points for fixed measurement to assess compliance with limit values for the protection of human health and information and alert thresholds in zones where a 50% reduction of such measurements applies (for all pollutants except ozone)

RemovedAnnex III – Part A – title: A Minimum number of sampling points for fixed measurement to assess compliance with limit values for the protection of human health, ozone long-term objectives, information thresholds and alert thresholds

AddedAnnex III – Section A – point 1 – paragraph 5: For each zone, the minimum number of sampling points for fixed measurements set out in the tables in this point shall include at least 1 background location sampling point and 1 sampling point in air pollution hotspots according to Point B, of Annex IV. For nitrogen dioxide, particulate matter, benzene, sulphur dioxide and carbon monoxide, this shall include at least 1 sampling point focused on measuring contribution from transport emissions. However, in the cases where there is only 1 sampling point required, this shall be in the area with the highest concentrations to which the population is likely to be directly or indirectly exposed.

RemovedAnnex III – Part A – point 1 – paragraph 1: Table 1 - Minimum number of sampling points for fixed measurement to assess compliance with limit values for the protection of human health and information and alert thresholds in zones where fixed measurement is the sole source of information (for all pollutants except ozone)

AddedAnnex III – Section A – point 1 – paragraph 6: For each zone, for nitrogen dioxide, particulate matter, benzene and carbon monoxide, the total number of urban background location sampling points and the total number of sampling points in air pollution hotspots required shall not differ by more than a factor of 2. The number of PM2.5 and nitrogen dioxide sampling points at urban background locations and air pollution hotspots shall meet the requirements set out in Point B.

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

AddedAnnex III – Section B: deleted / (deleted)

Change 58

ChangedAnnex III – Part A – pointSection 1D – paragraph 2: Table 2title: -D Minimum number of sampling points for fixed measurement to assess compliance with the ozone limit value,measurements criticalof level,ultrafine long-termparticles, objectivesblack andcarbon, informationmercury and alert thresholdsammonia where suchhigh measurementsconcentrations are the sole source of information (forlikely ozoneto only)occur

Change 59

RemovedTechnical AM following the transformation of ozone target value for the protection of human health into a limit value and the ozone target value for the protection of environment into ozone critical level. Additionally an editing mistake in the table has been corrected.

AddedAnnex III – Section D – paragraph 1: Ultrafine particle number concentrations and BC shall be monitored at selected locations in addition to other air pollutants at those same locations as sampling points for particulate matter or nitrogen dioxide referred to in Point A of this Annex, and be sited in accordance with Section 3 of Annex VII. Sampling points to monitor ammonia shall coincide, where appropriate, with sampling points for particulate matter referred to in Point A of this Annex, and be sited in accordance with Section 3 of Annex VII. Sampling points to monitor mercury shall be sited in accordance with Section 3 of Annex VII. For this purpose, at least one sampling point per 1 million inhabitants shall be established at a location where high UFP concentrations are likely to occur, at least one sampling point per 1 million inhabitants shall be established at a location where high BC concentrations are likely to occur, at least one sampling point per 1 million inhabitants shall be established at a location where high mercury concentrations are likely to occur, and at least one sampling point per 1 million inhabitants shall be established at a location where high NH3 concentrations are likely to occur. Member States that have fewer than 1 million inhabitants shall establish at least one fixed sampling point at a location where high UFP concentrations are likely to occur, one sampling point at a location where high BC concentrations are likely to occur, one sampling point at a location where high NH3 concen…

RemovedAnnex III – Part A – point 1 – paragraph 3: Table 3 - Minimum number of sampling points for fixed measurement to assess compliance with limit values for the protection of human health and information and alert thresholds in zones where a 50% reduction of such measurements applies (for all pollutants except ozone)

AddedAnnex III – Section D – paragraph 2: Monitoring supersites at urban background or rural background locations established in accordance with Article 10 shall not be included for the purpose of meeting the requirements on the minimum number of sampling points for UFP, BC and NH3 set here.

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

AddedAnnex IV – Section A – paragraph 1 – point 2 – point c: (c) on the carriageway of roads; and on the central reservations of roads except where there is normally pedestrian access to the central reservation or where cycling lanes are present.

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

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

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

AddedAnnex IV – Section B – point 2 – point a – point i: (i) concentration levels in the areas within zones with the highest concentrations to which the population is likely to be directly or indirectly exposed for a period which is significant in relation to the averaging period of the limit value(s), including in the vicinity of all air pollution hotspots,

RemovedAnnex III – Part B: deleted / (deleted)

AddedAnnex IV – Section B – point 2 – point a – point ii: (ii) concentration levels in other areas within the zones which are representative of the exposure of the general population, both in urban and rural background locations, and

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

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

RemovedAnnex III – Part D – paragraph 1: Ultrafine particle number concentrations shall be monitored at selected locations in addition to other air pollutants at the same locations as sampling points for particulate matter or nitrogen dioxide referred to in Point A, and be sited in accordance with Section 3 of Annex VII. For this purpose, at least 1 sampling point per 1 million inhabitants shall be established at a location where high UFP concentrations are likely to occur. Member States that have fewer than 1 million inhabitants shall establish at least 1 fixed sampling point at a location where high UFP concentrations are likely to occur.