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EU Parl Watch

Changes between two versions

What changed between the plenary report and the adopted text

From · plenary report· 5 Jul 2023

A-9-2023-0233

on the proposal for a directive of the European Parliament and of the Council on ambient air quality and cleaner air for Europe (recast)

To · adopted text· 13 Sept 2023

TA-9-2023-0318

Ambient air quality and cleaner air for Europe

+17 added · −106 removed · 10 changed paragraphs, packaging included.

Part 3 of 8: Paragraphs 121–180

Article 5 – paragraph 1 – point d: (d) ensuring the accuracy of air quality modelling applications;

Article 5 – paragraph 1 – point g: (g) cooperation with the other Member States, third countries and the Commission;

Change 29

Removed:Amendment for consistency of the text (e.g. recital 34 and Article 2, paragraph 1, points 3 and 6).

Article 5 – paragraph 1 – point h: (h) establishment of air quality plans and air quality roadmaps;

Article 5 – paragraph 1 – point i a (new): (ia) provision and maintenance of an hourly updated air quality index and other relevant public information.

Article 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.

Change 30

Removed:Amendment for consistency with changes to paragraph 5.

Article 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.

Article 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.

Article 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.

Change 31

Removed:Amendment consistent with the changes made to Annex VIII.

Article 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 .

Change 32

Removed:Amendment to fix a typo error in the Commission proposal. Tables 3 and 4 apply to instances when numbers of monitoring sites can be reduced by 50%, dealt with in the following paragraph.

10 unchanged paragraphs

Article 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;

Article 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.

Article 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.

Article 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.

Article 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.

Article 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).

Article 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;

Article 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.

Article 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.

Article 12 – title: Requirements where levels are lower than the limit values, ozone target value and average exposure concentration objectives

Change 33

Removed:Deletion of the reference to assessment thresholds because it is incoherent with paragraph 4 of this article. If Member States shall endeavour to achieve the best ambient air quality, there is no reason to limit the obligation only to the areas where concentrations are above the assessment thresholds.

4 unchanged paragraphs

Article 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.

Article 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

Article 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.

Article 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.

Change 34

Changed:Article 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.

8 unchanged paragraphs

Article 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.

Article 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.

Article 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.

Article 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.

Article 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.

Article 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.

Article 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.

Article 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.

Change 35

Removed:Amendment necessary for pressing reasons relating to the internal logic of the text.

Article 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.

Change 36

Removed:Amendment necessary to ensure the consistency of the Article and given the amount of new evidence that a Member State needs to provide in order to discount the exceedance for the compliance purposes, it should be made clear that the Commission will review the evidence and inform the Member State accordingly.

Article 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.

Change 37

Changed:Article 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 deadlinedeadlines specified in TableTables 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:

Article 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;

Change 38

Removed:Amendment for consistency with the amendment to Annex I, Section 5, Point B.

Article 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;

Change 39

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

Article 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;

Change 40

Removed:Amendment for consistency, linked to the introduction of the term “air quality roadmap”.

Article 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;

Article 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;

Article 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.

Change 41

Removed:Amendment for consistency, linked to the introduction of the term “air quality roadmap”.

Article 19 – title: Air quality plans and air quality roadmaps

Change 42

Removed:Amended to be coherent with changes in Article 19, paragraph 4.

Added:Article 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.

Removed:Article 19 – paragraph -1 (new): -1. Where from ... [three months after the date of entry into force of this Directive], in a zone or NUTS 2 territorial unit, the levels of any pollutant recorded for the preceding calendar year are above any limit or target value to be attained by 1 January 2030 as laid down in Section 1, Table 1, of Annex I and Section 2, Point B, of Annex I, the Member State concerned shall establish an air quality roadmap for that pollutant as soon as possible and no later than 2 years after the calendar year during which the exceedance of the pollutant was recorded in order to attain the respective limit values or ozone target value by the expiration of the attainment deadline. / Where, for the same pollutant as referred to in the first subparagraph of this paragraph, a Member State is required to establish an air quality roadmap in accordance with that subparagraph as well as an air quality plan in accordance with paragraph 1 of this Article, it may establish a combined air quality roadmap in accordance with paragraphs 5, 6 and 7 of this Article and provide information on the expected impact of measures to reach compliance for each limit value it addresses, as required by Point A, points 5 and 6, of Annex VIII. Any such combined air quality roadmap shall set out appropriate measures to achieve all related limit values and to keep all exceedance periods as short as possible.

Removed:Amendment for internal logic of the text. Paragraph 4 has been moved here because it comes first time-wise.

Article 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.

Article 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.

Article 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.