Activities of Stanislav POLČÁK related to 2022/0347(COD)
Plenary speeches (1)
Ambient air quality and cleaner air for Europe (A9-0233/2023 - Javi López)
Amendments (37)
Amendment 207 #
Proposal for a directive
Recital 5
Recital 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 principle that environmental damage should as a priority be rectified at source, and the ‘polluter pays principle’ established in the Treaty on the Functioning of the European Union, and the ‘do no harm’ principle of the European Green Deal. 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, cultural heritage, 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; the impact ofmotivation to make behavioural changes and their impact; fairness and solidarity across and within Member States, in light of their economic capability, national circumstances, such as the specificities of islands and structurally disadvantaged regions, and the need for convergence over time; the need to make the transition just and socially fair through, among other things, appropriate education and training programmes; best available and most recent scientific evidence, in particular the findings reported by the WHO; the need to integrate air pollution related risks into investment and planning decision-making, both in the public and private sectors; cost- effectiveness and technological neutrality in achieving air pollutant emission reductions; and progression over time in environmental integrity and level of ambition.
Amendment 214 #
Proposal for a directive
Recital 6
Recital 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 theas 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 information to the public and access to justice are needed. This guides the objectives set in this Directive. _________________ 43 Decision (EU) 2022/591 of the European Parliament and of the Council of 6 April 2022 on a General Union Environment Action Programme to 2030 (OJ L 114, 12.4.2022, p. 22–36).
Amendment 220 #
Proposal for a directive
Recital 7
Recital 7
(7) The Commission should regularly review the latest scientific evidence related to pollutants, their effects on human health and the environment and technological development. 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 no later than by 31/12/2028 to assess whether air quality standards need to be updated based on the latest scientific information.
Amendment 223 #
Proposal for a directive
Recital 10
Recital 10
(10) MWhere 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 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).
Amendment 228 #
Proposal for a directive
Recital 11
Recital 11
(11) It is important that pollutants of emerging concern, such as, but not limited to, 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.
Amendment 257 #
Proposal for a directive
Recital 22
Recital 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 .
Amendment 259 #
Proposal for a directive
Recital 23
Recital 23
(23) An alert 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 an information threshold for ozone, should be set for the protection of the generalsensitive population ,s and vulnerable and sensitive sectionsgroups, including children, respectively, from briefshort-term exposures to elevated ozone concentrations of pollutants. Those thresholds should trigger the dissemination of information to the public on the risks of exposure and the implementation, if appropriate, of short- term measures to reduce pollution levels where the alert threshold is exceeded.
Amendment 269 #
Proposal for a directive
Recital 30
Recital 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 and agglomerations. Any postponement for a given zone or agglomeration should be accompanied by a comprehensive plan to be assessed by the Commission to ensure compliance by the revised deadline.
Amendment 271 #
Proposal for a directive
Recital 31
Recital 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 2001/80/EC 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. _________________ 48 Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (OJ L 334, 17.12.2010, p. 17). 49 Directive 2002/49/EC of the European Parliament and of the Council of 25 June 2002 relating to the assessment and management of environmental noise (OJ L 189, 18.7.2002, p. 12.).
Amendment 289 #
Proposal for a directive
Recital 39
Recital 39
(39) As clarified by the case-law of the Court of Justice51, Member States may not restrict legal standing to challenge a decision of a public authority to those members of the public concerned who participated in the preceding administrative procedure to adopt that decision. As also clarified by the case-law of the Court of Justice52, effective access to justice in environmental matters and effective remedies requires inter alia that members of the public concerned should have the right to ask the court or a competent independent and impartial body to order interim measures to prevent a given instance of pollution. Therefore, it should be specified that legal standing should not be made conditional on the role that the concerned member of the public played during a participatory phase of the decision-making procedures under this Directive. In addition, any review procedure should be fair, equitable, timely and not prohibitively expensive, and provide for adequate and effective redress mechanisms, including injunctive relief as appropriate. _________________ 51 Case C–826/18, Judgment of the Court (First Chamber) of 14 January 2021; LB and Others v College van burgemeester en wethouders van de gemeente Echt- Susteren; paragraphs 58 and 59. 52 Case C-416/10 Judgment of the Court (Grand Chamber), 15 January 2013; Jozef Križan and Others v Slovenská inšpekcia životného prostredia.Križan, paragraph 109. Does not affect the English version.) Or. cs Justification
Amendment 291 #
Proposal for a directive
Recital 40
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 has occurred as a result of a violation of Articles 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. The rules on compensation, access to justice and penalties set in this Directive have 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. They 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, contribute to ensuring a high level of protection of human health as laid down in Article 35 of the Charter, and puts into concrete terms the obligation to protect the right to life and to the integrity of the person laid down in Articles 2 and 3 of the Charter. ItThey 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.
Amendment 294 #
Proposal for a directive
Recital 42
Recital 42
(42) In order to ensure that this Directive continues meeting its objectives, in particular to avoid, prevent and reduce harmful effects from deteriorating ambient air quality on human health and the environment, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amending the annexes to this Directive to take account, without undue delay, of technical and scientific developments related to air pollutants, their assessment and management, their impacts on human health and the environment and to appropriate information of the public. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 Better Law Making54. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 54 OJ C 321, 31.12.2003, p. 1.
Amendment 295 #
Proposal for a directive
Recital 43
Recital 43
(43) The obligation to transpose this Directive into national law should be confined to those provisions which represent a substantiven amendment as compared to the earlier Directives. The obligation to transpose the provisions which are unchanged arises under the earlier Directives.
Amendment 299 #
Proposal for a directive
Article 1 – paragraph 1
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 and natural ecosystems, as defined by scientific evidence, thus contributing to, on the basis of the best available and most recent scientific evidence, harmful to human health and natural ecosystems, thus contributing to attaining the objective of a toxic-free environment at the latest by 2050.
Amendment 322 #
Proposal for a directive
Article 1 – paragraph 3
Article 1 – paragraph 3
3. Furthermore, this Directive contributes to achieving: the Union’s pollution-reduction, and biodiversity and ecosystem protection 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. _________________ 55 Decision (EU) 2022/591 of the European Parliament and of the Council of 6 April 2022 on a General Union Environment Action Programme to 2030 (OJ L 114, 12.4.2022, p. 22).
Amendment 331 #
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. By 31 December 2028 at the latest, 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.
Amendment 349 #
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 2
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 the broadest possible alignment with the World Health Organization (WHO) Air Quality Guidelines and the latest scientific information.
Amendment 355 #
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 3 – point a
Article 3 – paragraph 2 – subparagraph 3 – point a
(a) latest scientific information from WHO and other relevant organisations and experts,
Amendment 393 #
Proposal for a directive
Article 4 – paragraph 1 – point 26
Article 4 – paragraph 1 – point 26
(26) ‘limit value’ means a level which is not to be exceeded and which is fixed on the basis of the best scientific knowledge, with the aim of avoiding, preventing or reducing harmful effects on human health or the environment ;
Amendment 397 #
Proposal for a directive
Article 4 – paragraph 1 – point 27
Article 4 – paragraph 1 – point 27
(27) ‘ ozone target value’ means a level fixed on the basis of the best scientific knowledge, with the aim of avoiding, preventing or reducing harmful effects from ozone on human health or the environment , to be complied with where possible over a given period;
Amendment 404 #
Proposal for a directive
Article 4 – paragraph 1 – point 35
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; emissions of pollutants from wild-land fires, regardless of whether they are caused by human activity, shall also be considered to be contributions from natural sources;
Amendment 410 #
Proposal for a directive
Article 4 – paragraph 1 – point 38
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 and meeting anythe requirements underof national law shall be considered as the public concerned;
Amendment 430 #
Proposal for a directive
Article 5 – paragraph 1 – point i a (new)
Article 5 – paragraph 1 – point i a (new)
i a) provision of information to the public.
Amendment 449 #
Proposal for a directive
Article 9 – paragraph 5
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.
Amendment 452 #
Proposal for a directive
Article 9 – paragraph 7
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 strictly necessary due to special circumstances, including spatial development. Relocation of sampling points shall be done within their area of spatial representativeness and be based on modelling results.
Amendment 457 #
Proposal for a directive
Article 10 – paragraph 4
Article 10 – paragraph 4
4. A Member States may set up in agreement with one or more neighbouring Member States to establish one or more joint monitoring supersites to meet the requirements set out in paragraph 1. This does not affect the obligation of each Member State to establish at least 1 monitoring supersite at an urban background location and 1 monitoring supersite at a rural background location.
Amendment 473 #
Proposal for a directive
Article 12 – paragraph 2
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 endeavour to 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, and provided that anythose necessary measures do not entail a disproportionate costcosts that are clearly disproportionate to the potential rate of increase in ozone levels.
Amendment 483 #
Proposal for a directive
Article 12 – paragraph 4
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 current air quality guidelines published by the WHO and below the assessment thresholds laid down in Annex II .
Amendment 608 #
Proposal for a directive
Article 19 – paragraph 5 – subparagraph 5
Article 19 – paragraph 5 – subparagraph 5
Member States shall, to the extent feasible, ensure consistency of their air quality plans 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. _________________ 58 Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (OJ L 334, 17.12.2010, p. 17).
Amendment 622 #
Proposal for a directive
Article 19 – paragraph 6 – subparagraph 2
Article 19 – paragraph 6 – subparagraph 2
When preparing air quality plans, 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, for example, environmental organisations, consumer organisations, organisations representing the interests of sensitive population and vulnerable groups, other relevant health- care bodies and the relevant industrial federations are allowed to take part in those consultations.
Amendment 635 #
Proposal for a directive
Article 20 – paragraph 2
Article 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. Depending on the share of the main pollution sources to the exceedances to be addressed, those short- term action plans shall 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.
Amendment 642 #
Proposal for a directive
Article 21 – paragraph 1 – subparagraph 1
Article 21 – paragraph 1 – subparagraph 1
Where transboundary transport of air pollution from one or more Member State contributes significantlyto a greater than negligible extent to the exceedance of any limit value, ozone target value, average exposure reduction obligation or alert threshold in another Member State, the latter shall notify the Member States from which the air pollution originated and the Commission thereof.
Amendment 656 #
Proposal for a directive
Article 22 – paragraph 1 – point d
Article 22 – paragraph 1 – point d
(d) short-term action plans as provided for indrawn up in accordance with Article 20;
Amendment 717 #
Proposal for a directive
Article 27 – paragraph 3
Article 27 – paragraph 3
3. The review procedure shall be fair, equitable, timely and not prohibitively expensive, and shall provide adequate and effective redress mechanisms, including injunctive reliefterim measures as appropriate.
Amendment 732 #
Proposal for a directive
Article 28 – paragraph 2
Article 28 – paragraph 2
2. Member States shall ensure that non-governmental organisations promoting the protection of human health or the environment and meeting any requirements under national law 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.
Amendment 754 #
Proposal for a directive
Article 29 – paragraph 2
Article 29 – paragraph 2
2. The penalties referred to in paragraph 1 shall include fines proportionate to the turnover of the legal person or to the income of the natural person having committed the violationinfringement. The level of the fines shall be calculated in such a way as to make sure that they effectively deprive the person responsible for the violation of the economic benefits derived from that violation. In the case of a violation committed by a legal person, such fines shall be proportionate to the legal person’s annual turnover in the Member State concerned, taking account, inter alia, the specificities of micro-enterprises and small and medium-sized enterprises (SMEs).
Amendment 757 #
Proposal for a directive
Article 29 – paragraph 3 – point b a (new)
Article 29 – paragraph 3 – point b a (new)
b a) the amount of the benefits gained by the responsible person from the infringement;