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TA-9-2023-0318 → TA-9-2024-0319
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- TA-9-2023-0318 Adopted text of 13 Sept 2023
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- TA-9-2024-0319 Adopted text of 24 Apr 2024
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- +21 added · −290 removed · 1 changed
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- Title (from)
- Ambient air quality and cleaner air for Europe
- Title (to)
- Ambient air quality and cleaner air for Europe
These two texts have too little in common to be compared paragraph by paragraph (under 15 % of their paragraphs match): they are different documents rather than versions of one — for example a group’s motion and the joint text that was adopted.
Changes that matter, 1
Changes to the text in document order — the ones the change notes describe. Cover page, renumbering and punctuation-only edits are left out (see “Every difference”); changes to citations and references stay in and are marked as formal in the notes.
Change 1
RemovedRecital 4: (4) The Zero Pollution Action Plan also sets out a vision for the year 2050, where air pollution is reduced to levels no longer considered harmful to health and natural ecosystems. To this end, an ambitious approach towards setting current and future EU air quality standards should be pursued, establishing air quality standards for the year 2035, including intermediate air quality standards for 2030, and at regular intervals beyond, and developing a perspective for continuous full alignment with the most up-to-date WHO Air Quality Guidelines in order to achieve the zero pollution objective by the year 2050 at the latest based on a regular review mechanism to take into account the latest scientific evidence. Given the links between pollution reduction and decarbonisation, the long-term objective to achieve the zero pollution ambition should be pursued hand in hand with reduction of greenhouse gas emissions as set by Regulation (EU) 2021/1119 of the European Parliament and of the Council42 .
RemovedRecital 4 a (new): (4a) In September 2021, the WHO released new Air Quality Guidelines, based on a comprehensive synthesis of the scientific evidence on health effects of air pollution. The conclusions of these Air Quality Guidelines specifically stress the importance of lowering the pollution concentrations at every level and show clear benefits for public health and the environment of such actions. This Directive takes into account the latest scientific understanding and the need to fully align the Union air quality standards with the most recent WHO Air Quality Guidelines in order to fulfil the overall objectives of the Zero Pollution Action Plan.
RemovedRecital 4 b (new): (4b) The societal benefits from the continued and improved reduction of air pollution far outweigh the costs involved. According to Commission estimates, the annual direct costs of complying with various policy scenarios analysed under the impact assessment accompanying this Directive are between EUR 3,3 billion and EUR 7 billion, and the monetised health and environmental benefits are between EUR 36 billion and EUR 130 billion in 2030, thereby demonstrating that benefits of the air quality policy greatly exceeded implementation cost. Since the year 2000, air-polluting emissions in the Union have steadily decreased as a result of Union and national legislation.
RemovedRecital 5: (5) In taking the relevant measures at Union and national level to achieve the zero pollution objective for air pollution, Member States, the European Parliament, the Council and the Commission should be guided by the ‘precautionary principle’, the ‘polluter pays principle’ and the ‘prevention and rectifying pollution at source principle’ established in the Treaty on the Functioning of the European Union, the ‘do no harm’ principle of the European Green Deal and the respect of the human right to a clean, healthy and sustainable environment. They should, inter alia, take into account: the contribution of improved air quality to public health, the quality of the environment and ecosystem resilience, the well-being of citizens, equality and the protection of sensitive population and vulnerable groups, healthcare costs, the achievement of the Sustainable Development Goals (SDGs), the role of civil society, the prosperity of society, employment and the competitiveness of the economy; the energy transition, strengthened energy security and the tackling of energy poverty; food security and affordability; the development of sustainable and smart mobility and transport solutions and their infrastructure; the impact of behavioural changes; the impact of fiscal policies; fairness and solidarity across and within Member States, in light of their economic capability, national circumstances, such as the specificities of islands, and the need for convergence over time; the need to make the …
RemovedRecital 5 a (new): (5a) This Directive contributes to the attainment of the SDGs, in particular SDGs 3, 7, 10, 11 and 13.
RemovedRecital 6: (6) The ‘Eighth General Union Environment Action Programme to 2030’ adopted by Decision (EU) 2022/591 of the European Parliament and of the Council on 6 April 202243 establishes as one of its priority objectives to achieve a non-toxic environment protecting the health and well-being of people, animals and ecosystems from environment-related risks and negative impacts, and, for that purpose, stipulates, inter alia, that further improvement of monitoring methods, better transboundary coordination, better information to the public and access to justice are needed. This guides the objectives set in this Directive.
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RemovedRecital 7: (7) The Commission should regularly review the scientific evidence related to pollutants, their effects on human health and the environment, health inequalities, direct and indirect healthcare costs associated with air pollution, environmental costs, and behavioural, fiscal and technological developments. Based on the review, the Commission should assess whether applicable air quality standards are still appropriate to achieve the objectives of this Directive. The first review should be carried out by 31/12/2028 to assess whether air quality standards need to be updated based on the latest scientific information. The Commission should regularly assess the contribution of Union legislation laying down emissions standards for sources of air pollution to the achievement of the air quality standards established by this Directive and, where necessary, propose additional Union measures.
RemovedRecital 10: (10) Where relevant, modelling applications should be applied to enable point data to be interpreted in terms of geographical distribution of concentration of pollutants, to help to detect breaches of air quality standards, and to inform air quality plans and air quality roadmaps and the placement of sampling points. In addition to the requirements for air quality monitoring defined in this Directive, for monitoring purposes, Member States are encouraged to exploit information products and supplementary tools (e.g. regular evaluation and quality assessment reports, policy online applications), provided by the Earth Observation component of the EU Space Programme, in particular the Copernicus Atmosphere Monitoring Service (CAMS).
RemovedRecital 11: (11) It is important that pollutants of emerging concern, such as ultrafine particles, black carbon and elemental carbon, as well as ammonia and the oxidative potential of particulate matter, be monitored in order to support scientific understanding of their effects on health and the environment, as recommended by the WHO, and with a view to establishing limit values for them in the framework of the first review of this Directive in 2028. The Commission should continue to monitor scientific developments regarding any other pollutants not covered by this Directive and assess the need to extend its provisions to these pollutants.
RemovedRecital 12: (12) Detailed measurements of fine particulate matter, black carbon, mercury and ammonia at rural background locations should be made in order to understand better the transboundary contribution and the impacts of those pollutants, and to develop appropriate policies, including the possible introduction of limit values, target values or critical levels. Such measurements should be made in a manner consistent with those of the cooperative programme for monitoring and evaluation of the long range transmission of air pollutants in Europe (EMEP) set up under the 1979 United Nations Economic Commission for Europe (UNECE) Convention on Long-range Transboundary Air Pollution approved by Council Decision 81/462/EEC of 11 June 198144 and its Protocols, including the Protocol to Abate Acidification, Eutrophication and Ground-level Ozone of 1999, which was revised in 2012 .
RemovedRecital 15: (15) In order to protect human health and the environment as a whole, it is particularly important to combat emissions of pollutants at source and to identify and implement the most effective emission reduction measures at local, national and Union level, in particular when it comes to emissions from agriculture, industries, transport, heating and cooling systems and energy generation. Relevant Union legislation such as on European vehicle emission standards or on industrial emissions are instrumental in further reducing ambient air pollution. Therefore, emissions of harmful air pollutants should be avoided, prevented or reduced and appropriate standards set for ambient air quality on the basis of the latest scientific evidence as published in the most up-to-date WHO Air Quality Guidelines and in line with the Zero Pollution Action Plan for 2050.
RemovedRecital 15 b (new): (15b) The Commission should assess the consistency of any relevant draft measure or legislative proposal, including budgetary proposals, with the air quality standards set out in this Directive, before adoption, and include that assessment in any impact assessment accompanying those measures or proposals, and make the result of that assessment publicly available at the time of adoption. The Commission should endeavour to align its draft measures and legislative proposals with the objectives of this Directive. In any case of non-alignment, the Commission should provide its reasons as part of the consistency assessment.
AddedA. whereas, according to the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission, the Commission proposal does not include any substantive amendments other than those identified as such in the proposal and whereas, as regards the codification of the unchanged provisions of the earlier acts together with those amendments, the proposal contains a straightforward codification of the existing texts, without any change in their substance;
RemovedRecital 15 c (new): (15c) Air pollutants emitted from the transport sector pose a particular risk to the health of people living in urban areas and near transport hubs. Member States and the relevant regional and local authorities should therefore consider implementing Sustainable Urban Mobility Plans and invest in zero-emission technologies and measures enabling a modal shift towards active, collective and sustainable transport systems, as well as the creation of green spaces and pedestrian areas in the cities with the aim to reduce air pollution and road congestion, especially in urban areas in line with the communication of the Commission of 9 December 2020 entitled ‘Sustainable and Smart Mobility Strategy - putting European transport on track for the future’. Member States should also take all necessary measures to accelerate the deployment of alternative fuels infrastructure, in particular electric recharging infrastructure for light- and heavy-duty vehicles, as well as carry out regular transport infrastructure quality checks to identify the areas in need of decongestion and infrastructure optimisation, and take appropriate measures, with the support of Union funding, where applicable.
RemovedRecital 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.
RemovedRecital 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.
RemovedRecital 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.
AddedP9_TC1-COD(2022)0347
RemovedRecital 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.
AddedPosition of the European Parliament adopted at first reading on 24 April 2024 with a view to the adoption of Directive (EU) 2024/… of the European Parliament and of the Council on ambient air quality and cleaner air for Europe (recast)
RemovedRecital 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.
Added(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Directive (EU) 2024/2881.)
RemovedRecital 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.
RemovedRecital 21: (21) Ozone is a transboundary pollutant formed in the atmosphere from the emission of primary pollutants, some of which are addressed by Directive (EU) 2016/2284 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 (EU) 2016/2284 and, by implementing cost-effective measures, air quality roadmaps and air quality plans . / 46 Directive (EU) 2016/2284 of the European Parliament and of the Council of 14 December 2016 on the reduction of national emissions of certain atmospheric pollutants, amending Directive 2003/35/EC and repealing Directive 2001/81/EC (OJ L 344, 17.12.2016, p. 1).
RemovedRecital 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 .
RemovedRecital 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.
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 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.
RemovedRecital 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.
RemovedRecital 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.
RemovedRecital 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.
RemovedRecital 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. 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, Directive (EU) 2016/2284, and Directive 2002/49/EC of the European Parliament and of the Council49.
RemovedRecital 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 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).
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, 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 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.
RemovedRecital 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).
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 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.
RemovedRecital 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.
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, 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.
RemovedArticle 1 – paragraph 2: 2. This Directive sets intermediate 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, as well as limit values to be met by 2035, which are to be regularly reviewed in accordance with Article 3. It also sets long-term objectives, information thresholds and alert thresholds as part of air quality standards.
RemovedArticle 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.
RemovedArticle 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;
RemovedArticle 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;
RemovedArticle 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 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 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 2 – subparagraph 3 – point a: (a) latest scientific information from relevant Union bodies, WHO and other relevant scientific organisations,
RemovedArticle 3 – paragraph 2 – subparagraph 3 – point b: (b) behavioural changes, fiscal policies and technological developments impacting air quality and its assessment,
RemovedArticle 3 – paragraph 2 – subparagraph 3 – point c: (c) air quality and associated impacts on human health and the environment in Member States,
RemovedArticle 3 – paragraph 2 – subparagraph 3 – point c a (new): (ca) direct and indirect healthcare and environmental costs associated with air pollution as well as cost-benefit analysis,
RemovedArticle 3 – paragraph 2 – subparagraph 3 – point d a (new): (da) progress made in implementing other relevant Union legislation, in particular in the field of climate, transport and energy,
RemovedArticle 3 – paragraph 2 – subparagraph 3 – point d b (new): (db) introduction by individual Member States of more stringent air quality standards in accordance with Article 193 TFEU.
RemovedArticle 3 – paragraph 2 – subparagraph 3 a (new): The Commission shall support and work closely with the WHO Regional Office for Europe to monitor and review the scientific evidence on health effects of air pollution.
RemovedArticle 3 – paragraph 2 a (new): 2a. In the first regular review, by 31 December 2028, the Commission shall propose, if appropriate, limit values, target values or critical levels for the air pollutants measured by the monitoring supersites referred to in Article 10 but currently not included in Annex I. Those values or levels shall be in line with the latest scientific evidence as to what is necessary to protect human health and the environment. In the framework of the first regular review, the Commission shall publish an assessment on the possibility to convert the target value for ozone into a limit value, accompanied, if appropriate, by a legislative proposal.
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 to cover other air pollutants. Such a proposal shall be developed in line with the non-regression principle.
RemovedArticle 4 – paragraph 1 – point 1 a (new): (1a) ‘air quality standards’ means limit values, target values, average exposure reduction obligations, average exposure concentration objectives, critical levels, information thresholds and alert thresholds;
RemovedArticle 4 – paragraph 1 – point 21: deleted
RemovedArticle 4 – paragraph 1 – point 23: (23) ‘urban background locations’ means places in urban areas where levels are representative of the exposure of the general urban population, including urban sensitive population and vulnerable groups;
RemovedArticle 4 – paragraph 1 – point 24: (24) ‘rural background locations’ means places in rural areas with low population density where levels are representative of the exposure of the general rural population, including rural sensitive population and vulnerable groups;
RemovedArticle 4 – paragraph 1 – point 24 a (new): (24a) ‘air pollution hotspot’ means a place where the pollution level is strongly influenced by the emissions from heavy pollution sources such as, but not limited to, nearby congested and heavily trafficked roads, motorways or other highways, a single industrial source or an industrial area with many sources, ports, airports, intensive residential heating, or a combination thereof;
RemovedArticle 4 – paragraph 1 – point 26: (26) ‘limit value’ means a level which is fixed on the basis of scientific knowledge, with the aim of avoiding, preventing or reducing harmful effects on human health or the environment, and which is to be attained within a given period and not to be exceeded once attained ;
RemovedArticle 4 – paragraph 1 – point 28: (28) ‘average exposure indicator’ means an average level determined on the basis of measurements at urban background locations throughout the territorial unit at NUTS 2 level as described in Regulation (EC) No 1059/2003, or, if there is no urban area located in that territorial unit, at rural background locations, and which reflects population exposure, used to check whether the average exposure reduction obligation and the average exposure concentration objective for that territorial unit have been met;
RemovedArticle 4 – paragraph 1 – point 29: (29) ‘average exposure reduction obligation’ means a percentage reduction of the average exposure of the population , expressed as average exposure indicator, of a territorial unit at NUTS 2 level as described in Regulation (EC) No 1059/2003 of the European Parliament and of the Council57 set for the reference year with the aim of reducing harmful effects on human health, to be attained over a given period and not to be exceeded once attained;
RemovedArticle 4 – paragraph 1 – point 30: (30) ‘average exposure concentration objective ’ means a level of the average exposure indicator set with the aim of reducing harmful effects on human health, to be attained within a given period and not to be exceeded once attained;
RemovedArticle 4 – paragraph 1 – point 35: (35) ‘contributions from natural sources’ means emissions of pollutants not caused directly or indirectly by human activities, including natural events such as volcanic eruptions, seismic activities, geothermal activities, wild-land fires, high-wind events, sea sprays or the atmospheric re-suspension or transport of natural particles from dry regions, which the Member State concerned could not have prevented or mitigated by policy actions;
RemovedArticle 4 – paragraph 1 – point 35 a (new): (35a) ‘air quality roadmap’ means an air quality plan, adopted ahead of the attainment deadline of new limit values laid down in Section 1, Table 1, of Annex I and intermediate limit values laid down in Section 1, Table 1A, of Annex I, that sets out short- and long-term policies and measures in order to comply with those limit values;
RemovedArticle 4 – paragraph 1 – point 36: (36) ‘air quality plans’ means plans that set out measures in order to comply with limit values, ozone target values or average exposure reduction obligations once these have been exceeded;
RemovedArticle 4 – paragraph 1 – point 38: (38) ‘the public concerned’ means the public 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, including non-governmental organisations promoting the protection of human health or the environment;
RemovedArticle 4 – paragraph 1 – point 39: (39) ‘sensitive population and vulnerable groups’ means those population groups that are permanently or temporarily more sensitive or more vulnerable to the effects of air pollution than the average population, because of specific characteristics that make the health consequences of exposure more significant or because they have a higher sensitivity or a lower threshold for health effects or have a reduced ability to protect themselves.
RemovedArticle 5 – paragraph 1 – point b: (b) approval of measurement systems (locations, methods, equipment, networks and laboratories) and ensuring an adequate functioning and maintenance of the monitoring network;
RemovedArticle 5 – paragraph 1 – point c: (c) ensuring the accuracy of measurements and the transfer and sharing of measurement data, including their compliance with the data quality objectives laid down in Annex V;
RemovedArticle 5 – paragraph 1 – point d: (d) ensuring the accuracy of air quality modelling applications;
RemovedArticle 5 – paragraph 1 – point g: (g) cooperation with the other Member States, third countries and the Commission;
RemovedArticle 5 – paragraph 1 – point h: (h) establishment of air quality plans and air quality roadmaps;
RemovedArticle 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 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 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.
RemovedArticle 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.
RemovedArticle 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.
RemovedArticle 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 .
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 have a minimum duration of 2 months per calendar year equally distributed over the calendar year;
RemovedArticle 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 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 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 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.
RemovedArticle 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).
RemovedArticle 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;
RemovedArticle 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.
RemovedArticle 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.
RemovedArticle 12 – title: Requirements where levels are lower than the limit values, ozone target value and average exposure concentration objectives
RemovedArticle 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.
RemovedArticle 12 – paragraph 3: 3. In territorial units at NUTS 2 level as described in Regulation (EC) No 1059/2003 where the average exposure indicators for PM2.5 and NO2 are below the respective value of the average exposure concentration objectives for those pollutants as laid down in Section 5 of Annex I, Member States shall maintain the levels of those pollutants below the average exposure concentration objectives
RemovedArticle 12 – paragraph 4: 4. Member States shall endeavour to achieve and preserve the best ambient air quality and a high level of environmental and human health protection , in line with the most recent WHO Air Quality Guidelines and reviews published by the WHO Regional Office for Europe and below the assessment thresholds laid down in Annex II, paying particular attention to the protection of sensitive population and vulnerable groups.
RemovedArticle 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.
RemovedArticle 13 – paragraph 6: 6. The deadline for attaining the limit values laid down in Table 1 of Section 1 of Annex I and the intermediate limit values laid down in Table 1A of Section 1 of Annex I for the pollutants referred to in Article 18(1) may be postponed in accordance with Article 18.
RemovedArticle 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.
RemovedArticle 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.
RemovedArticle 15 – paragraph 2 a (new): 2a. Where any alert threshold laid down in Section 4, Point A, of Annex I is exceeded, Member States shall implement without undue delay the emergency measures indicated in the short-term action plans drawn up under Article 20.
RemovedArticle 15 – paragraph 3: 3. Where any alert threshold laid down in Section 4 of Annex I is exceeded, Member States shall take the necessary steps to inform the public within a few hours at the latest, in a coherent and easily understandable manner, providing 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.
RemovedArticle 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.
RemovedArticle 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.
RemovedArticle 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.
RemovedArticle 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) information on concentrations and sources; / (b) the evidence demonstrating that the exceedances are attributable to natural sources and could not have been anticipated, prevented or mitigated by the Member State concerned, including, where appropriate, the evidence demonstrating the impact of ecosystem perturbations driven by climate change resulting in such exceedances; / (c) information on the implementation of relevant measures under the national strategy for adaptation to climate change adopted pursuant to Article 5(4) of Regulation (EU) 2021/1119.
RemovedArticle 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.
RemovedArticle 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.
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 deadlines specified in Tables 1 and 1A 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:
RemovedArticle 18 – paragraph 1 – point -a (new): (-a) 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;
RemovedArticle 18 – paragraph 1 – point a: (a) an air quality roadmap is established in accordance with Article 19(-1) and meeting the requirements listed in Article 19(5) to (7) for the zone to which the postponement would apply;
RemovedArticle 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 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 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 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 – title: Air quality plans and air quality roadmaps
RemovedArticle 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 value to be attained by 1 January 2035 as laid down in Section 1, Table 1, of Annex I or any target value to be attained by 1 January 2030 as laid down in 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, intermediate limit values or ozone target value by the expiration of the attainment deadlines. 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.
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 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.
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, 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.
RemovedArticle 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.
RemovedArticle 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.
RemovedArticle 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.
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 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.
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, 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.
RemovedArticle 19 – paragraph 4: deleted / (deleted)
RemovedArticle 19 – paragraph 5 – subparagraph 1 – introductory part: Air quality plans and air quality roadmaps shall contain at least the following information:
RemovedArticle 19 – paragraph 5 – subparagraph 1 – point b a (new): (ba) the information referred to in Point B, point 1, of Annex VIII, and in particular measures included in the National Air Pollution Control Programme (NAPCP);
RemovedArticle 19 – paragraph 5 – subparagraph 1 – point c: (c) information on abatement measures listed in Point B, Point 2 of Annex VIII.
RemovedArticle 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 5 – subparagraph 3: Regarding the pollutants concerned, when preparing air quality plans or air quality roadmaps, Member States shall assess the risk of exceeding the respective alert thresholds. That analysis shall be used for establishing short-term action plans where applicable.
RemovedArticle 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 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 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.
RemovedArticle 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.
RemovedArticle 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.
RemovedArticle 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.
RemovedArticle 19 – paragraph 7: 7. Air quality plans and air quality roadmaps shall be communicated to the Commission within 2 months after their adoption .
RemovedArticle 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).
RemovedArticle 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.
RemovedArticle 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.
RemovedArticle 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.
RemovedArticle 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.
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 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.
RemovedArticle 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.
RemovedArticle 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.
RemovedArticle 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.
RemovedArticle 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.
RemovedArticle 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.
RemovedArticle 21 – paragraph 1 – subparagraph 2 a (new): The Member States concerned shall inform the Commission without undue delay of the situation and measures taken.
RemovedArticle 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.
RemovedArticle 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.
RemovedArticle 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.
RemovedArticle 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:
RemovedArticle 22 – paragraph 1 – point a: (a) air quality in accordance with Annex IX;
RemovedArticle 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 1 – point c: (c) air quality plans and air quality roadmaps as provided for in Article 19;
RemovedArticle 22 – paragraph 1 – point d: (d) short-term action plans drawn up in accordance with Article 20;
RemovedArticle 22 – paragraph 1 – point d a (new): (da) overview of air pollution sources and air pollutants affecting air quality in a Member State concerned;
RemovedArticle 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);
RemovedArticle 22 – paragraph 1 – point d c (new): (dc) documentation on site selection referred to in point D of Annex IV;
RemovedArticle 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.
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 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.
RemovedArticle 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.
RemovedArticle 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.
RemovedArticle 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.
RemovedArticle 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.
RemovedArticle 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:
RemovedArticle 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 ;
RemovedArticle 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, as well as for NUTS 2 territorial units where the levels of one or more pollutants are higher than the target values, average exposure reduction obligations or average exposure concentration objectives:
RemovedArticle 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 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 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 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:
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 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).
RemovedArticle 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.
RemovedArticle 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.
RemovedArticle 28 – paragraph 2: 2. Member States shall ensure that non-governmental organisations promoting the protection of human health or the environment are allowed to represent natural persons referred to in paragraph 1 and bring collective actions for compensation. The requirements set out in Article 10 and Article 12(1) of Directive (EU) 2020/1828 shall mutatis mutandis apply to such collective actions.
RemovedArticle 28 – paragraph 4 – subparagraph 1: Where a claim for compensation is supported by evidence, 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, the causal link between the violation and the occurrence of the damage shall be presumed.
RemovedArticle 28 – paragraph 4 – subparagraph 2 a (new): Member States shall ensure that where the claimant has provided reasonably available evidence to support a claim for compensation in accordance with paragraph 1, and has reasonably substantiated that additional evidence lies in the control of the respondent public authority or a third party, if requested by the claimant, the court or administrative authority is able to order that such evidence be disclosed by the respondent public authority or third party in accordance with national procedural law and subject to the applicable Union and national rules on confidentiality and proportionality.
RemovedArticle 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 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 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.
RemovedArticle 29 – paragraph 3 – point a a (new): (aa) the real or estimated economic benefits derived from the violation;
RemovedArticle 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;
RemovedArticle 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.
RemovedArticle 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.
RemovedArticle 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.
RemovedArticle 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 .
RemovedArticle 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.
RemovedAmendments 300 and 330
RemovedAnnex I – Section 1 – paragraph 1
RemovedAmendment: Table 1 – Limit values for the protection of human health to be attained by 1 January 2035
RemovedAnnex I – Section 1 – table 1 A (new) – title: Table 1A – Intermediate limit values for the protection of human health to be attained by 1 January 2030
RemovedB Ozone target values
RemovedB Ozone target values
RemovedC Long-term objectives for ozone (O3)
RemovedAnnex I – Section 4 – point A – title: A Alert thresholds
RemovedAnnex 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 3 consecutive days for PM10 and PM2.5, at locations representative of air quality over at least 100 km2 or an entire zone, whichever is the smaller.
RemovedAnnex I – Section 4 – point B – title: B Information thresholds
RemovedAnnex 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.
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 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 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.
RemovedAnnex I – Section 5 – point B – paragraph 1 – indent 1: – for PM2.5, 25% lower than the AEI was 7 years before, unless it is already no higher than the average exposure concentration objective for PM2.5 defined in Section C.
RemovedAnnex I – Section 5 – point B – paragraph 1 – indent 2: – for NO2, 25% lower than the AEI was 7 years before, unless it is already no higher than the average exposure concentration objective for NO2 defined in Section C.
RemovedAnnex II – Section 1 – title: SECTION 1 – ASSESSMENT THRESHOLDS FOR THE LIMIT VALUES FOR THE PROTECTION OF HUMAN HEALTH TO BE ATTAINED BY 1 JANUARY 2035
RemovedAnnex II – Section 1A (new) – title: SECTION 1A – ASSESSMENT THRESHOLDS FOR THE LIMIT VALUES FOR THE PROTECTION OF HUMAN HEALTH TO BE ATTAINED BY 1 JANUARY 2030
RemovedAnnex III – Section 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)
RemovedAnnex 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 – 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 – 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.
RemovedAnnex III – Section B: deleted / (deleted)
RemovedAnnex III – Section D – title: D Minimum number of sampling points for fixed measurements of ultrafine particles, black carbon, mercury and ammonia where high concentrations are likely to occur
RemovedAnnex 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 – 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.
RemovedAnnex 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 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:
RemovedAnnex 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 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 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 IV – Section B – point 2 – point c: (c) urban background locations shall be located so that their pollution level is influenced by the integrated contribution from all sources upwind of the sampling point, following the main wind direction. The pollution level shall not be dominated by a single source unless such a situation is typical for a larger urban area. Those sampling points shall, as a general rule, be representative for several square kilometres;
RemovedAnnex IV – Section B – point 2 – point c a (new): (ca) air pollution hotspots shall be covered by a sufficient number of sampling points installed within the main wind direction of the source where there is a near residential area or an area where 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 or target value or values, including but not limited to schools, hospitals, assisted living facilities and office areas;
RemovedAnnex IV – Section B – point 2 – point c b (new): (cb) where the objective is to measure concentration levels in areas referred to in points (a)(i) and (a)(ii), sampling points shall be sited close to locations frequented by sensitive population and vulnerable groups and at-risk communities, such as schools, playgrounds, hospitals and homes for the elderly;
RemovedAnnex IV – Section B – point 2 – point d: (d) where the objective is to measure the contribution of heating, at least one sampling point shall be installed within the main wind direction of these sources; sampling points shall be sited in such a way that the air sampled is representative of air quality for an area of at least 250 m × 250 m;
RemovedAnnex IV – Section B – point 2 – point e: (e) sampling points in rural background locations shall be located so that they are not influenced by urban areas and so that their pollution level is influenced by the integrated contribution from all relevant sources;
RemovedAnnex IV – Section B – point 2 – point f: (f) where contributions from industrial sources, ports and airports are to be assessed, at least one sampling point shall be installed downwind following the main wind direction of the source in the nearest residential area. Where the background concentration is not known, an additional sampling point shall be situated within the main wind direction. The sampling points shall be sited such that the application of BAT can be monitored;
RemovedAnnex IV – Section B – point 2 – point i: (i) sampling points measuring arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons shall be co-located with sampling points for PM10.
RemovedAnnex IV – Section C – paragraph 1 – introductory part: The following shall apply:
RemovedAnnex IV – Section C – paragraph 1 – point b: (b) in general, the sampling point inlet shall be between 0,5 m (the breathing zone) and 3 m above the ground. Higher siting (up to 6 m) may be appropriate if the sampling point is representative of a large area (a background location). The decision to apply such higher siting shall be fully documented;
RemovedAnnex IV – Section C – paragraph 1 – point e: (e) for all pollutants, sampling probes shall be positioned no more than 5 m from the kerbside; consideration shall be given to whether locating the sampling point at less than 25 m from the edge of major junctions would result in over- or under-estimating concentrations and lead to measuring a very small micro-environment that is not representative of levels along that road segment; for the purposes of this point, a ‘kerbside’ means the line that separates motorised traffic from other areas; a ‘major junction’ means a junction which interrupts the traffic flow and causes different emissions (stop&go) from the rest of the road;
RemovedAnnex IV – Section C – paragraph 1 – point f: (f) for the deposition measurements in rural background locations, the guidelines and criteria of EMEP shall apply;
RemovedAnnex IV – Section D – point 1: 1. The competent authorities responsible for air quality assessment shall provide a data-based assessment for all zones, fully document the site-selection procedures, record information to support the network design and choice of location for all monitoring sites and provide justifications. The design of the monitoring network shall be supported at least by either modelling with a sufficiently low level of uncertainty or indicative measurements.
RemovedAnnex IV – Section D – point 2: 2. The documentation shall include the location of the sampling points through spatial coordinates, detailed maps and photos, and shall include information on the spatial representativeness of all sampling points.
RemovedAnnex IV – Section D – point 3: 3. The documentations shall include evidence explaining the reasons for the network design and proof of compliance with the requirements referred to in Points B and C, in particular: / (a) the reasons for the selection of locations representative of the highest levels of pollution in the zone or agglomeration for each pollutant; / (b) the reasons for the selection of locations representative of the general exposure of population; and / (c) any deviation from the micro-scale siting criteria, their underlying reasons and the likely impact on measured levels.
RemovedAnnex IV – Section D – point 4: 4. Where indicative measurements or modelling, or a combination thereof are used within a zone, the documentation shall include details of these methods and information on how the criteria listed in Article 9(3) are met.
RemovedAnnex IV – Section D – point 5: 5. Where indicative measurements or modelling are used, competent authorities shall use gridded data reported under Directive (EU) 2016/2284 and emission information reported under Directive 2010/75/EU.
RemovedAnnex IV – Section D – point 9: 9. At least every 5 years the selection criteria, network design and monitoring site locations, defined by the competent authorities in view of the requirements of this Annex, shall be reviewed to ensure they remain valid and optimal overtime. The review shall be supported at least by either modelling or indicative measurements and shall identify measures to be taken within a timeframe in accordance with the guidelines to ensure that the network design remains valid and optimal. Where such a review reveals that the network design and monitoring site locations are no longer valid (for example, there is no fixed monitoring station in the area of modelled maximum levels), the competent authority shall correct and update the network design within one year.
RemovedAnnex IV – Section D – point 10 a (new): 10a. The competent authorities responsible for air quality assessment shall perform and document regular checks and maintenance of the ambient air quality monitoring stations to ensure that they continue to operate and to ensure the accuracy of measurements and reliability of instrumentation.
RemovedAnnex V – Section A – title: A. Uncertainty of measurements and modelling for ambient air quality assessment (for air quality standards to be attained by 1 January 2035)
RemovedAnnex V – Section A – point 2 – paragraph 3: The percentages for uncertainty in the tables in this Section apply for all limit values (and the ozone target value) that are calculated by simple averaging of individual measurements such as hourly mean, daily mean or yearly mean values without considering the additional uncertainty for the calculation of the number of exceedances. Levels below 5 for PM2.5 and 10 for NO2 shall be allowed to have percentages for uncertainty of 30 %. The uncertainty shall be interpreted as being applicable in the region of the appropriate limit values (or ozone target value). The uncertainty calculation does not apply to AOT40 and values that include more than 1 year, more than 1 station (e.g. AEI) or more than 1 component. They are also not applicable for information thresholds, alert thresholds and critical levels for the protection of vegetation and natural ecosystems.
RemovedAnnex V – Section A – point 2 – paragraph 9: Where an air quality model is used for assessment, references to descriptions of the model, including the spatial resolution of the model itself and source-specific input data and information on the calculation of the modelling quality objective shall be compiled.
RemovedAnnex V – Section A – point 2 – paragraph 10: deleted
RemovedAnnex V – Section AA (new) – title: AA. Uncertainty of measurements and modelling for ambient air quality assessment (for air quality standards to be attained by 1 January 2030)
RemovedAnnex V – Section B – paragraph 3: For the other cases, measurements are to be evenly distributed over the calendar year (or over the April-September period for indicative measurements of O3). In order to comply with these requirements and to ensure that any potential losses of data do not skew results, the minimum data coverage and distribution requirements shall be met for specific periods (quarter, month, weekday) of the whole year depending on the pollutant and measurement method/frequency.
RemovedAnnex V – Section D – paragraph 1 – introductory part: The following information shall be compiled for zones where air quality modelling is used:
RemovedAnnex V – Section D – paragraph 1 – point c a (new): (ca) observed lack of data or information from specific sampling points,
RemovedAnnex V – Section D – paragraph 1 – point e a (new): (ea) in respect of measurements from transboundary stations, an estimation of transboundary pollution related to another Member State or a third country;
RemovedAnnex V – Section F – point 1 a (new): 1a. The Commission shall provide clear guidance and requirements for the use of air quality models, with a view to working towards harmonisation.
RemovedAnnex VI – Section B – point 2: 2. The Commission shall require Member States to prepare and submit a report on the demonstration of equivalence in accordance with point 1.
RemovedAnnex VII – Section 1 – point A – paragraph 1: The main objectives of such measurements are to ensure that adequate information is made available on levels in urban background and rural background locations. This information is essential to judge the enhanced levels in more polluted areas (such as urban background locations, air pollution hotspots, industry related locations, traffic related locations), assess the possible contribution from long-range transport of pollutants, support source apportionment analysis and for the understanding of specific pollutants such as particulate matter. It is also essential for the increased use of modelling also in urban areas.
RemovedAnnex VII – Section 1 – point C – paragraph 1: Measurements shall be taken in urban background locations, air pollution hotspots and rural background locations in accordance with Annex IV.
RemovedAnnex VII – Section 2 – point B – paragraph 1: Measurement of ozone precursor substances shall include at least nitrogen oxides (NO and NO2), methane (CH4) and other appropriate volatile organic compounds (VOC). The selection of the specific compounds to be measured completed by other compounds of interest will depend on the objective sought.
RemovedAnnex VII – Section 3 a (new): SECTION 3A - MEASUREMENT OF BLACK CARBON (BC) / A. Objectives / The objective of such measurements is to ensure that adequate information is available at locations where high concentrations of BC occur that are mainly influenced by sources from air, water, or road transport (such as airports, ports or roads), industrial sites or domestic heating. The information shall be appropriate to judge on enhanced levels of BC concentrations from those sources. / B. Substances / BC / C. Siting / Sampling points shall be established in accordance with Annexes IV and V at a location where high BC concentrations are likely to occur and within the main wind direction.
RemovedAnnex VII – Section 3 b (new): SECTION 3B - MEASUREMENT OF AMMONIA (NH3) / A. Objectives / The objective of such measurements is to ensure that adequate information is available at locations where high concentrations of NH3 occur that are mainly influenced by sources from agricultural and animal farming (fields and grassland subject to the application of fertiliser, stables and storages of manure). The information shall be appropriate to judge on enhanced levels of NH3 concentrations from those sources. / B. Substances / NH3 / C. Siting / Sampling points shall be established in accordance with Annexes IV and V at a location where high NH3 concentrations are likely to occur and within the main wind direction.
RemovedAnnex VII – Section 3 c (new): SECTION 3C – MEASUREMENT OF MERCURY / A. Objectives / The objective of such measurements is to ensure that adequate information is available at locations where high concentrations of mercury occur that are mainly influenced by sources from energy production and industry. The information shall be appropriate to judge on enhanced levels of mercury concentrations from those sources. / B. SUBSTANCES / Mercury / C. Siting / Sampling points shall be established in accordance with Annexes IV and V at a location where high mercury concentrations are likely to occur and within the main wind direction.
RemovedAnnex VIII – title: Information to be included in air quality plans and air quality roadmaps for improvement in ambient air quality
RemovedAnnex VIII – Section A – point 2 – point a: (a) type of zone (urban, industrial, air pollution hotspot or rural area) or characteristics of NUTS 2 territorial unit (including urban, industrial, air pollution hotspot or rural areas);
RemovedAnnex VIII – Section A – point 2 – point c: (c) concentrations or average exposure indicator of the relevant pollutant observed at least 5 years prior to the exceedance and comparison with limit values or average exposure reduction obligation and average exposure concentration objective;
RemovedAnnex VIII – Section A – point 3 – paragraph 1: Names and addresses of the competent authorities responsible for the development and implementation of air quality plans or air quality roadmaps.
RemovedAnnex VIII – Section A – point 3 a (new): 3a. Assessment of environmental impacts and health effects / (a) concentrations and exceedances recorded in previous years, before the start of implementation of the air quality plan, the updated air quality plan or the air quality roadmap; / (b) in the event of an updated air quality plan, concentrations and exceedances recorded since the beginning of the implementation of the measures set out in the updated air quality plan; / (c) assessment of environmental impacts and health effects related to the exposure of the population to measured concentrations, including assessment of mortality and morbidity from both acute and chronic health effects on both the general population and sensitive population and vulnerable groups; / (d) methods used for the assessment of environmental impacts, exposure and health effects. / Member States shall be guided in their assesment by the concentration-response (C-R) functions defined by the WHO linking concentrations of pollutants in ambient air to mortality risks or other adverse health effects (Health risks of air pollution in Europe – HRAPIE project), as well as the counterfactual concentrations above which health impacts are estimated (‘cut-off points’).
RemovedAnnex VIII – Section A – point 4 – point a: (a) list of the main emission sources and, where possible, of the specific entities responsible for pollution;
RemovedAnnex VIII – Section A – point 4 – point b: (b) total quantity of emissions from these sources and, where possible, of the specific entities (in tonnes/year);
RemovedAnnex VIII – Section A – point 4 – point d: (d) source apportionment according to relevant sectors and, where possible, apportionment to specific entities, that contribute to the exceedance in the national air pollution control programme.
RemovedAnnex VIII – Section A – point 4 a (new): 4a. Identification of effective pollution abatement measures / (a) information on all possible air pollution abatement measures that could be adopted at appropriate local, regional or national level to contribute to the attainment of air quality objectives and their estimated effect in air pollution reduction of each air pollutant, including at least the pollution abatement measures listed under point B; / (b) assessment of the emission reduction potential and projected impact on reducing concentrations resulting from the implementation of each of the possible pollution abatement measures identified, both individual and combined impacts, including the method of analysis and the associated uncertainties in line with the methodology referred to in Point Ba.
RemovedAnnex VIII – Section A – point 4 b (new): 4b. Baseline scenario / (a) a description of existing air pollution abatement measures at local, regional, national and international level, including up-to-date information on the status and timetable of implementation; / (b) information concerning the status of implementation of the Directives referred to in point B, point 1, and in particular measures included in the National Air Pollution Control Programme (NAPCP); / (c) observed effects of the measures referred to in points (a) and (b) in addressing the factors responsible for the exceedance (emission reductions achieved and related concentration reductions); / (d) a projected further evolution of air quality, both emissions and concentrations, assuming no change to already adopted measures (‘baseline scenario’), covering all years until the attainment date; / (e) an estimate of health effects related to the exposure of the population to air pollution in the baseline scenario; / (f) a description of the method of analysis for the projections and the associated uncertainties in line with the methodology referred to in Point Ba.
RemovedAnnex VIII – Section A – point 5 – introductory part: 5. Expected impact of measures to reach compliance as soon as possible and, at the latest, within 3 years after the end of the calendar year in which the first exceedance was recorded
RemovedAnnex VIII – Section A – point 5 – point b: (b) indicative trajectory towards compliance and estimated year of compliance per air pollutant covered by the air quality roadmap or air quality plan taking into account measures referred to in point 6.
RemovedAnnex VIII – Section A – point 5 – point b a (new): (ba) for air quality roadmaps under Article 19(-1) and air quality plans under Article 19(1), with a view to ensuring that the exceedance period is kept as short as possible, detailed reasons to explain how the plan sets out measures referred to in point 4a of this Point, including the following: / (i) where the start date for implementation of a measure is later than 6 months from the date of adoption of the air quality plan or air quality roadmap, an explanation of the reasons why an earlier start date is not possible; / (ii) where the analysis pursuant to point 4a has identified measures that would have greater impacts in improving air quality, but they have not been selected for adoption, an explanation of the reasons why adoption of such measures is not considered feasible.
RemovedAnnex VIII – Section A – point 6 – point -a (new): (-a) review of pollution reduction measures as referred to in point 4a of this Point and their estimated effect on air pollution reduction of each air pollutant, including at least the measures listed under Point B;
RemovedAnnex VIII – Section A – point 6 – point a: (a) listing and description of all the measures set out in the air quality plan or air quality roadmap and justification for those measures in terms of the source of exceedance, their effectiveness, their efficiency and their availability in time, including the identification of the competent authority in charge of their implementation;
RemovedAnnex VIII – Section A – point 6 – point b: (b) quantification of emission reduction (in tonnes/year), by source and, where possible, by specific entities, of each measure, both individual and combined, under point (a);
RemovedAnnex VIII – Section A – point 6 – point c: (c) timetable for implementation of each measure and identification, where possible, of the specific entities which have obligations arising from the measures set out in the air quality plan or air quality roadmap, and a description of those obligations and their economic and social impacts;
RemovedAnnex VIII – Section A – point 6 – point d: (d) estimate of the concentration reduction in relation to the exceedance concerned, as a consequence of each air quality measure, both individual and combined, under point (a);
RemovedAnnex VIII – Section A – point 7 – point d: (d) listing, description, justification and socio-economic impact of all additional measures, that unfold their full impact on ambient air pollutant concentrations in 3 years or more.
RemovedAnnex VIII – Section A – point 7 a (new): 7a. Annex 2a: A summary of the public information and consultation measures undertaken pursuant to Article 19(6), their results and an explanation of how these results were taken into account in the final air quality plan or air quality roadmap.
RemovedAnnex VIII – Section B – point 2 – introductory part: 2. When preparing air quality plans or air quality roadmaps, Member States shall consider at least the following air pollution abatement measures at local, regional or national level for implementation in connection with the attainment of air quality objectives, including:
RemovedAnnex VIII – Section B – point 2 – point c: (c) procurement by public authorities, in line with the handbook on green public procurement, of fuels, combustion equipment to reduce emissions and zero-emission vehicles as defined in Article 3(1), point (m), of Regulation (EU) 2019/631 of the European Parliament and of the Council1a; / 1a Regulation (EU) 2019/631 of the European Parliament and of the Council of 17 April 2019 setting CO2 emission performance standards for new passenger cars and for new light commercial vehicles, and repealing Regulations (EC) No 443/2009 and (EU) No 510/2011 (OJ L 111, 25.4.2019, p. 13).
RemovedAnnex VIII – Section B – point 2 – point c a (new): (ca) reduction of emissions through the uptake of zero- and low-emission collective and public transport vehicles and/or vehicles equipped with modern digital solutions affecting emissions reduction;
RemovedAnnex VIII – Section B – point 2 – point c b (new): (cb) measures to improve the quality, efficiency, affordability and connectivity of collective and public transport;
RemovedAnnex VIII – Section B – point 2 – point c c (new): (cc) measures related to the uptake and implementation of alternative fuel infrastructure;
RemovedAnnex VIII – Section B – point 2 – point d: (d) measures to limit transport emissions through urban planning and traffic management, including at least: / (i) congestion pricing, such as road pricing and mileage-based user fees; / (ii) choice of road materials; / (iii) parking fees on public land or other economic incentives and with differentiated fees for polluting and zero-emission vehicles; / (iv) establishing urban vehicles access restrictions schemes, including low emission zones in line with the most recent Euro standard, and zero-emission zones; / (v) establishing low-traffic neighbourhoods, super blocks and car-free neighbourhoods; / (vi) establishing car-free streets; / (vii) introducing low speed limits; / (viii) ‘last mile’ zero (exhaust) emission delivery arrangements; / (ix) promoting car sharing and carpooling; (x) implementation of intelligent transport systems and digital solutions related to emissions reduction; / (xi) creation of multimodal hubs connecting various sustainable transport solutions and parking facilities;
RemovedAnnex VIII – Section B – point 2 – point e: (e) measures to encourage a modal shift towards active mobility and less polluting forms of transport (e.g walking, cycling, public transport or rail), including at least: / (i) electrifying public transport, strengthening the public transport network, reducing public transport cost for citizens, and simplifying access and use, for example through digital and interconnected booking and real-time transit information; / (ii) ensuring smooth inter-modality for rural-urban commuting, for example between rail and cycling, and between cars and public transport (park and ride schemes); / (iii) incentivising cycling and walking, for example by expanding space for cyclists and pedestrians, prioritising cycling and walking in infrastructure planning, expanding the network of cycling routes, and redirecting fiscal and economic incentives towards active and shared mobility, including incentives for cycling and walking commute to work; / (iv) planning for compact cities; / (v) scrappage schemes for the most polluting vehicles;
RemovedAnnex VIII – Section B – point 2 – point g: (g) requiring the use of best available technologies to eliminate or, where it is not possible to eliminate, to reduce as much as possible emissions from small-, medium- and large-scale stationary sources and in mobile sources;
RemovedAnnex VIII – Section B – point 2 – point h a (new): (ha) measures to reduce air pollution in air pollution hotspots, including in ports and port cities, and establishing specific requirements for ships and boats at berth and port traffic, while speeding-up on-shore power supply and electrification of ships and port working machinery;
RemovedAnnex VIII – Section B – point 2 – point h b (new): (hb) reduction of emissions from road, maritime and air transport through the use of alternative fuels and deployment of alternative fuels infrastructure, as well as the use of economic incentives to accelerate their take-up;
RemovedAnnex VIII – Section B – point 2 – point h c (new): (hc) measures to reduce emissions from agriculture and forestry;
RemovedAnnex VIII – Section B – point 2 – point i: (i) measures to protect the health of children or other sensitive population and vulnerable groups;
RemovedAnnex VIII – Section B – point 2 – point i a (new): (ia) measures by health authorities to encourage behavioural changes.
RemovedAnnex VIII – Section B a (new): Ba. Guidance and minimum requirements for analysing the projected impact of air quality plans or air quality roadmaps and pollution abatement measures / 1. Member States shall rely on objective and scientific methods to assess the projected impact of air quality plans, air quality roadmaps and pollution abatement measures. Where relying on projected impacts of pollution abatement measures for the delivery of compliance with air quality objectives, those projections shall include a low level of uncertainty. / 2. Air quality plans or air quality roadmaps shall contain enough information in sufficient detail in order to justify the impact assessment, including: / (a) a description of the method used for forecasting the evolution of air quality; / (b) an explanation of whether the projections are based on objective data or on assumptions; when relying on assumptions, a sensitivity analysis to explain best-case, most likely and worst-case scenarios; / (c) background documents and information used for the assessment; / (d) an assessment of the individual impact of each air pollution abatement measure on emission reductions and related concentration reductions and the relevant assumptions; / (e) an assessment of the combined impact of the air pollution abatement measures included in the air quality plan or air quality roadmap on emission reductions and related concentration reductions and the relevant assumptions. / 3. The impact assessment shall include the margin of uncertainty of…
RemovedAnnex VIII a (new): ANNEX VIIIa / EMERGENCY MEASURES TO BE CONSIDERED FOR INCLUSION IN THE SHORT-TERM ACTION PLANS REQUIRED UNDER ARTICLE 20 / 1. Measures to be taken in the short term aimed at addressing the sources which contribute to the risk of the relevant limit values, target values or alert threshold being exceeded: / (a) restricting the circulation of vehicles; / (b) low-fare or fare-free public transportation; / (c) implementing stricter emission limits; / (d) suspending operations at construction works; (e) street cleaning; (f) flexible work arrangements; / (g) introducing driving restrictions around locations frequented by sensitive population and vulnerable groups. / 3. Proactive steps to be taken in order to provide specific air pollution, health and health protection information, both to the general public and to sensitive population and vulnerable groups, by means of easily accessible, online or offline communication channels, as soon as exceedances of information and alert thresholds and of limit values and target values are projected.
RemovedAnnex IX – point 1 – point b: (b) measured concentrations of all pollutants and how they compare with the most recent maximum concentrations recommended by the WHO, presented according to the appropriate periods as laid down in Annex I;
RemovedAnnex IX – point 1 – point c – introductory part: (c) information on observed exceedance(s) of any limit value, ozone target value, information threshold, alert threshold, and average exposure reduction obligation, including at least:
RemovedAnnex IX – point 1 – point d – point i: (i) the health impacts of air pollution, and specifically of each pollutant measured under this Directive, on general population,
RemovedAnnex IX – point 1 – point d – point ii: (ii) the health impacts of air pollution, and specifically of each pollutant measured under this Directive, on vulnerable groups,
RemovedAnnex IX – point 1 – point d – point iv: (iv) recommended precautions to be taken, broken down into precautions to be taken by the general population and by sensitive population and vulnerable groups, and actions to relieve the symptoms once exposure has occurred,
RemovedAnnex IX – point 2 – point d: (d) information on short-term measures and preventive actions to reduce pollution and/or exposure to it: indication of main source sectors; recommendations for action to reduce emissions and limitations on exposure;
Sources & citation
Where the facts on this page come from, and how to cite it.
- Data source
- Licensed CC BY 4.0.
- Retrieved
- 25 September 2026
Cite as
European Parliament (2024). “Changes between TA-9-2023-0318 and TA-9-2024-0319”. Text, 24 April 2024. from TA-9-2023-0318, to TA-9-2024-0319. EU Parl Watch Research. https://news.eu-parl.st-solutions.dev/texts/TA-9-2023-0318/compare/TA-9-2024-0319 (retrieved 25 September 2026). Data: European Parliament Open Data, https://data.europarl.europa.eu/ (CC BY 4.0).
BibTeX
@misc{epw-text-2024-04-24,
author = {{European Parliament}},
title = {{Changes between TA-9-2023-0318 and TA-9-2024-0319}},
year = {2024},
date = {2024-04-24},
howpublished = {\url{https://news.eu-parl.st-solutions.dev/texts/TA-9-2023-0318/compare/TA-9-2024-0319}},
url = {https://news.eu-parl.st-solutions.dev/texts/TA-9-2023-0318/compare/TA-9-2024-0319},
urldate = {2026-09-25},
publisher = {EU Parl Watch Research},
note = {Text. from TA-9-2023-0318, to TA-9-2024-0319. Data: European Parliament Open Data (CC BY 4.0)}
}