BETA

12 Amendments of Ulrike MÜLLER related to 2022/0347(COD)

Amendment 313 #
Proposal for a directive
Article 1 – paragraph 2
2. This Directive sets intermediate limit values, target values, average exposure reduction obligations, average exposure concentration objectives, critical levels, information thresholds, alert thresholds and long-term objectives (‘air quality standards’) to be met by the year 20340, and regularly reviewed thereafter in accordance with Article 3.
2023/04/03
Committee: ENVI
Amendment 373 #
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 3 – point d a (new)
(d a) a socio-economic cost-benefit analysis
2023/04/03
Committee: ENVI
Amendment 493 #
Proposal for a directive
Article 13 – paragraph 3
3. Member States shall ensure by taking all necessary measures not entailing disproportionate costs 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 1 level, where they exceed the average exposure concentration objectives set out in Section 5, Point C, of Annex I.
2023/04/03
Committee: ENVI
Amendment 526 #
Proposal for a directive
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 deadline specified in Table 1 of Section 1 of Annex I, because of site-specific dispersion characteristics, orographic boundary conditions, adverse climatic 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:
2023/04/04
Committee: ENVI
Amendment 554 #
Proposal for a directive
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 appropriate 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 reported .
2023/04/04
Committee: ENVI
Amendment 556 #
Proposal for a directive
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 appropriate and proportionate 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 reported .
2023/04/04
Committee: ENVI
Amendment 570 #
Proposal for a directive
Article 19 – paragraph 2 – subparagraph 3
For NUTS 1 territorial units at NUTS level 1 where the ozone target value for ozone is exceeded, Member States shall ensurthe establishment of an air pollution control plan under this paragraph may be waived if Member States can demonstrate that the relevantir national air pollution control programme prepared pursuant tos in accordance with Article 6 of Directive ( EU) 2016/2284 includes measures addressingcontain the appropriate measures to combat thoese exceedances.
2023/04/04
Committee: ENVI
Amendment 587 #
Proposal for a directive
Article 19 – paragraph 4 – subparagraph 1
Where from [insert year 2 years after entry into force of this Directive], until 31 December 2029 in a zone or NUTS 1 territorial unit, the levels of pollutants are above any limit value to be attained by 1 January 2030 as laid down in Table 1 of Section 1 of Annex I, and where model applications, taking into account the predicted effect of measures already in place by Union, national or regional policies, do not indicate compliance by 1 January 2030, Member States shall establish an air quality plan for the concerned pollutant as soon as possible and no later than 2 years after the calendar year during which the exceedance of the was recorded to attain the respective limit values or ozone target value by the expiration of the attainment deadlinas soon as possible.
2023/04/04
Committee: ENVI
Amendment 724 #
Proposal for a directive
Article 28
Compensation for damage to human 1. Member States shall ensure that natural persons who suffer damage to human health caused by a violation of Articles 19(1) to 19(4), 20(1) and 20(2), 21(1) second sub-paragraph and 21(3) of this Directive by the competent authorities are entitled to compensation in accordance with this article. 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. 3. Member States shall ensure that a claim for compensation for a violation can be pursued only once by a natural person referred to in paragraph 1 and by the non-governmental organisations representing the person referred to in paragraph 2. Member States shall lay down rules to ensure that the individuals affected do not receive compensation more than once for the same cause of action against the same competent authority. 4. Where a claim for compensation is supported by evidence showing that the violation referred to in paragraph 1 is the most plausible explanation for the occurrence of the damage of that person, the causal link between the violation and the occurrence of the damage shall be presumed. The respondent public authority shall be able to rebut this presumption. In particular, the respondent shall have the right to challenge the relevance of the evidence relied on by the natural person and the plausibility of the explanation put forward. 5. Member States shall ensure that national rules and procedures relating to claims for compensation, including as concerns the burden of proof, are designed and applied in such a way that they do not render impossible or excessively difficult the exercise of the right to compensation for damage pursuant to paragraph 1. 6. Member States shall ensure that the limitation periods for bringing actions for compensation as referred to in paragraph 1 are not less than 5 years. Such periods shall not begin to run before the violation has ceased and the person claiming the compensation knows, or can reasonably be expected to know, that he or she suffered damage from a violation as referred to in paragraph 1.Article 28 deleted health
2023/04/04
Committee: ENVI
Amendment 751 #
Proposal for a directive
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 violation. 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 small and medium-sized enterprises (SMEs).deleted
2023/04/04
Committee: ENVI
Amendment 769 #
Proposal for a directive
Annex I – Part 1 – paragraph 1
Table 1 – Limit values for the protection of human health to be attained by 1 January 20340
2023/04/03
Committee: ENVI
Amendment 830 #
Proposal for a directive
Annex IV – Part B – point 2 – point a – point i
(i) concentration levels in the areas within zones with the highest concentrations to which the population is likely to be directly or indirectly exposed for a period which is significant in relation to the averaging period of the limit value(s). Therefore, the assessment of short-term air quality standards (hourly or daily means) should be designed to address corresponding short-term exposure situations, whereas the assessment of long-term air quality standards (annual means) and exposure concentration obligations should reflect long-term exposure situations,
2023/04/03
Committee: ENVI