Changes from adopted text to adopted text

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);