What changed between the adopted text of 13 Sept 2023 and the adopted text of 24 Apr 2024

Removed:Recital 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.

Removed:Recital 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.

Removed:Article 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.

Removed:Article 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.

Removed:Article 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.

Removed:Article 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;

Removed:Article 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;

Removed:Article 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.

Removed:Article 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.

Removed:Article 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.

Removed:Article 3 – paragraph 2 – subparagraph 3 – point a: (a) latest scientific information from relevant Union bodies, WHO and other relevant scientific organisations,

Removed:Article 3 – paragraph 2 – subparagraph 3 – point b: (b) behavioural changes, fiscal policies and technological developments impacting air quality and its assessment,

Removed:Article 3 – paragraph 2 – subparagraph 3 – point c: (c) air quality and associated impacts on human health and the environment in Member States,

Removed:Article 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,

Removed:Article 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,

Removed:Article 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.

Removed:Article 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.

Removed:Article 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.

Removed:Article 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.

Removed:Article 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;

Removed:Article 4 – paragraph 1 – point 21: deleted

Removed:Article 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;

Removed:Article 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;

Removed:Article 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;

Removed:Article 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 ;

Removed:Article 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;

Removed:Article 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;

Removed:Article 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;

Removed:Article 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;

Removed:Article 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;

Removed:Article 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;

Removed:Article 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;

Removed:Article 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.

Removed:Article 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;

Removed:Article 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;

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

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

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

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

Removed: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.

Removed: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.

Removed: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.

Removed: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.

Removed: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 .

Removed: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;

Removed: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.

Removed: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.

Removed: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.

Removed: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.

Removed: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).

Removed: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;

Removed: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.

Removed: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.

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

Removed: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.

Removed: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

Removed: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.

Removed: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.

Removed: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.

Removed: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.