Changes between two versions
What changed between the draft committee report and the plenary report
From · draft committee report· 23 Feb 2023
on the proposal for a directive of the European Parliament and of the Council Ambient Air quality and cleaner air for Europe (recast)
To · plenary report· 5 Jul 2023
on the proposal for a directive of the European Parliament and of the Council on ambient air quality and cleaner air for Europe (recast)
+280 added · −176 removed · 38 changed paragraphs, packaging included.
Part 8 of 10: Paragraphs 421–480
Added:Annex 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;
Removed:Annex IV – Part 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,
Added:Annex 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;
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Changed:Annex IV – PartSection B – point 2 – point ac –b point(new): ii(cb) awhere (new):the (iia)objective is to measure concentration levels in other areas withinreferred theto zonesin whichpoints are(a)(i) and (a)(ii), sampling points shall be sited close to locations frequented by sensitive population and vulnerable groups,groups and at-risk communities, such as schools, playgrounds, hospitals and homes for the elderly,elderly;
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Removed:Annex IV – Part B – point 2 – point b a (new): (ba) Urban traffic locations 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 (e.g. in street canyons);
Added:Annex 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;
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Changed:Annex IV – PartSection B – point 2 – point d: (d) where the objective is to measure the contribution ofe: residential(e) heating,sampling atpoints leastin onerural samplingbackground pointlocations shall be installed within the main wind direction oflocated theseso sources;that samplingthey pointsare shallnot beinfluenced sitedby inurban suchareas aand wayso that thetheir airpollution sampledlevel is representative of air quality for a residential areainfluenced ofby atthe leastintegrated 250contribution mfrom ×all 250relevant m;sources;
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Changed:Annex IV – PartSection B – point 2 – point f: (f) where contributions from industrial sources, ports orand airports are to be assessed, at least 1one sampling point shall be installed downwind (fromfollowing the main wind direction)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;
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Removed:Given that sensitive population and vulnerable groups are particularly susceptible to the adverse effects of elevated ozone concentrations even after brief exposures, the sampling points for ozone shall be positioned in locations frequented by sensitive population and vulnerable groups, such as schools, playgrounds, hospitals and homes for elderly.
Added:Annex 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.
Removed:Annex IV – Part C – paragraph 1 – point b: (b) in general, the sampling point inlet shall be between 0,5 m (the breathing zone) and 2 m above the ground. Higher siting (up to 4 m) may be appropriate if the sampling point is representative of a large area (a background location) or in other specific circumstances and any derogations shall be fully documented;
Added:Annex IV – Section C – paragraph 1 – introductory part: The following shall apply:
Removed:Annex IV – Part C – paragraph 1 – point e: (e) for all pollutants, sampling probes shall be no more than 10 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;
Added:Annex 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;
Removed:Annex IV – Part D – point 3: 3. The documentations shall include evidence explaining the reasons for the network design, 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.
Added:Annex 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;
Removed:Annex IV – Part 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.
Added:Annex IV – Section C – paragraph 1 – point f: (f) for the deposition measurements in rural background locations, the guidelines and criteria of EMEP shall apply;
Removed:Annex IV – Part 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.
Added:Annex 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.
Removed:Annex IV – Part 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. Where such a review reveals that the network design and monitoring site locations are not valid anymore (for instance, there is no fixed monitoring station in the area of modelled maximum levels), then the competent authority shall correct and update the network design within no more than one year.
Added:Annex 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.
Removed:Annex IV – Part D – point 10 a (new): 10a. The competent authorities responsible for air quality assessment shall perform 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.
Added:Annex 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.
Removed:While technologies for air quality monitoring are improving, the Commission proposal introduced wider margin of uncertainties compared to the current AAQD. The introduced changes are to bring the numbers in line with the current AAQD and with the amended limit values in Table 1 Section 1 of Annex I.
Added:Annex 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.
Removed:The introduced changes are to bring the numbers in line with the amended limit values in Table 1 Section 1 of Annex I.
Added:Annex 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.
Removed:Annex V – Part 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, respectively, 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.
Added:Annex 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.
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Changed:Annex VIV – PartSection AD – point 210 –a paragraph(new): 9:10a. WhereThe ancompetent authorities responsible for air quality modelassessment isshall usedperform forand assessment,document referencesregular tochecks descriptionsand maintenance of the model, includingambient theair spatialquality resolutionmonitoring ofstations theto modelensure itselfthat andthey source-specificcontinue inputto dataoperate and informationto onensure the calculationaccuracy of the modelling qualitymeasurements objectiveand shallreliability beof compiled.instrumentation.
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Removed:Annex V – Part A – point 2 – paragraph 10: deleted
Added:Annex 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.
Removed:Annex V – Part C – paragraph 1: An assessment of compliance with the relevant limit value shall be carried out regardless of whether the data quality objectives are achieved, provided the available data allows for a conclusive assessment. In cases relating to the short-term limit values, measurements that only cover a fraction of the calendar year, and that have not delivered sufficient valid data as required by Point B, may still constitute non-compliance. Where this is the case, and there are no clear grounds to doubt the quality of the valid data acquired, this shall be considered an exceedance of the limit and be reported as such.
Added:Annex 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.
Removed:Annex V – Part D – paragraph 1 – introductory part: The following information shall be compiled for zones where air quality modelling is used:
Added:Annex V – Section A – point 2 – paragraph 10: deleted
Removed:Annex V – Part D – paragraph 1 – point d: (d) a description of results, including uncertainties and, in particular, the extent of any area or, if relevant, the length of road within the zone over which concentrations exceed any limit value or long-term objective, and of any area within which concentrations exceed the assessment threshold,
Added:Annex 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.
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Changed:Annex V – PartSection FD – pointparagraph 1 a– (new):introductory 1a.part: The Commission shall providefollowing clearinformation guidanceshall andbe requirementscompiled for the usezones ofwhere air quality models, workingmodelling towardsis harmonisation.used:
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Removed:Annex VIII – Part A – point 3 a (new): 3a. Nature and assessment of pollution and health effects / (a) the concentrations observed or recorded in previous years, before implementation of the air quality plan to be adopted or updated started; / (b) in the event of an updated air quality plan, concentrations measured since the beginning of the implementation of the measures set out in the air quality plan being updated; / (c) assessment of 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) techniques used for the assessment of air pollution, exposure and health effects.
Added:Annex V – Section D – paragraph 1 – point c a (new): (ca) observed lack of data or information from specific sampling points,
Removed:Annex VIII – Part 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, 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, bothindividual and combined impacts, including the method of analysis and the associated uncertainties in line with the methodology described under Point C.
Added:Annex 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;
Removed:Annex VIII – Part 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; / (c) observed effects of these measures 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 described under Point C.
Added:Annex 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.
Removed:Annex VIII – Part A – point 5 – introductory part: 5. Expected impact of measures to reach compliance in the shortest time possible and, at the latest, within 3 years after the end of the year in which the first exceedance was recorded.
Added:Annex 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.
Removed:Annex VIII – Part A – point 5 – point b a (new): (ba) for air quality plans under Article 19(2), detailed reasons to explain how the plan sets out all appropriate measures, so that the exceedance period can be kept as short as possible, 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, 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 impossible and evidence that the selected measures will achieve at least an equivalent reduction in emissions and concentrations.
Added:Annex 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.
Removed:Annex VIII – Part 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 plan.
Added:Annex 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.
Removed:Annex VIII – Part B – point 2 – introductory part: 2. When preparing air quality plans, 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:
Added:Annex 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.
Removed:Annex VIII – Part B – point 2 – point a: (a) reduction of emissions from stationary sources by ensuring that polluting small and medium-sized stationary combustion sources (including coal, biomass and gas stoves and boilers) are fitted with emission control equipment, and progressively phased-out and replaced by zero-emission alternatives, and that the energy efficiency of buildings is improved;
Added:Annex 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.
Removed:Annex VIII – Part B – point 2 – point c: (c) procurement by public authorities, in line with the handbook on environmental public procurement, of zero-emission vehicles;
Added:Annex 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.
Removed:Annex VIII – Part B – point 2 – point d: (d) measures to limit transport emissions through traffic planning and management, including at least: / (i) congestion pricing; / (ii) parking fees on all public land or other economic incentives to reduce unnecessary mobility by car and with differentiated fees for polluting and zero-emission vehicles; / (iii) establishing urban vehicles access restrictions schemes, including low emission zones in line with the most recent Euro standard, and zero-emission zones; / (iv) establishing low-traffic neighbourhoods; / (v) introducing speed limits of 30 km per hour; / (vi) ‘last mile’ zero (exhaust) emission delivery arrangements; / (vii) promoting car sharing and carpooling.
Added:Annex 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.