BETA

70 Amendments of Massimiliano SALINI related to 2022/0347(COD)

Amendment 65 #
Proposal for a directive
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’ 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, the well-being of citizens, 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; (in the case of heavy goods road transport vehicles and light vehicles for private use, providing economic support for companies and/or individuals to adapt their vehicles to engines considered less polluting), the impact of behavioural changes; fairness and solidarity across and within Member States, in light of their economic capability, national circumstances, such as the specificities of islands, and the need for convergence over time; the need to make the transition just and socially fair through 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 decisions; cost- effectiveness and technological neutrality in achieving air pollutant emission reductions; and progression over time in environmental integrity and level of ambition.
2023/03/28
Committee: TRAN
Amendment 113 #
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 objectivelimit values and average exposure reduction obligations (‘air quality standards’) to be met by the year 20340, and regularly reviewed thereafter in accordance with Article 3.
2023/03/28
Committee: TRAN
Amendment 117 #
Proposal for a directive
Article 1 – paragraph 3
3. This Directive also sets target values, average exposure concentration objectives, critical levels, information thresholds, alert thresholds and long-term objectives. 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 . __________________ 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).
2023/03/28
Committee: TRAN
Amendment 159 #
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, due to the complex characteristics of its secondary formation in the atmosphere which complicate the task of assessing the feasibility of complying with strict limit values, a Member State may postpone - that deadline once by a maximum of 5 years for that particular zone , if the following conditions are met:
2023/03/28
Committee: TRAN
Amendment 160 #
Proposal for a directive
Article 18 – paragraph 1 – point c
(c) the air quality plan referred to in point (a) outlines how the public and, in particular, sensitive population and vulnerable groups will be informed about the consequences of the postponement for human health and the environment;deleted
2023/03/28
Committee: TRAN
Amendment 189 #
Proposal for a directive
Annex I – Section 1 – table 1
Averaging period Limit value PM2.5 PM2.5 1 day 237,5 μg/m3 not to be exceeded more than 18 times per calendar year Calendar year 105 μg/m³ PM10 PM10 1 day 450 μg/m3 not to be exceeded more than 18 times per calendar year Calendar year 20 μg/m3 Nitrogen dioxide (NO2) 1 hour 200 μg/m3 not to be exceeded more than once per calendar year 1 day 50 μg/m3 not to be exceeded more than 18 times per calendar year Calendar year 20 μg/m3 Sulphur dioxide (SO2) 1 hour 350 μg/m3 not to be exceeded more than once per calendar year 1 day 50 μg/m3 not to be exceeded more than 18 times per calendar year Calendar year 20 μg/m3 Benzene Calendar year 3,4 μg/m3 Carbon monoxide (CO) maximum daily 8 – hour mean 10 mg/m3 (1) (1) 1 day 4 mg/m3 not to be exceeded more than 18 times per calendar year Lead (Pb) Calendar year 0,5 μg/m3 Arsenic (As) Calendar year 6,0 ng/m³ Cadmium (Cd) Calendar year 5,0 ng/m³ Nickel (Ni) Calendar year 20 ng/m³ Benzo(a)pyrene Calendar year 1,0 ng/m³ (1) The maximum daily 8-hour mean concentration will be selected by examining 8-hour running averages, calculated from hourly data and updated each hour. Each 8-hour average so calculated will be assigned to the day on which it ends i.e. the first calculation period for any 1 day will be the period from 17.00 on the previous day to 1.00 on that day; the last calculation period for any 1 day will be the period from 16.00 to 24.00 on that day.
2023/03/28
Committee: TRAN
Amendment 205 #
Proposal for a directive
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’ 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, the well-being of citizens, 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; (in the case of heavy goods road transport vehicles and light vehicles for private use, providing forms of economic support for companies and/or individuals to adapt their vehicles to engines considered less polluting), the impact of behavioural changes; fairness and solidarity across and within Member States, in light of their economic capability, national circumstances, such as the specificities of islands, and the need for convergence over time; the need to make the transition just and socially fair through 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 decisions; cost- effectiveness and technological neutrality in achieving air pollutant emission reductions; and progression over time in environmental integrity and level of ambition.
2023/04/03
Committee: ENVI
Amendment 218 #
Proposal for a directive
Recital 7
(7) The Commission should regularly review the scientific evidence related to pollutants, their effects on human health and the environment and technological development. To cost-effectively mitigate emissions of air pollutants, best available technologies should be included. 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 by 31/12/2028 to assess whether air quality standards need to be updated based on the latest scientific information.
2023/04/03
Committee: ENVI
Amendment 249 #
Proposal for a directive
Recital 19
(19) The Fitness Check of the Ambient Air Quality Directives (Directives 2004/107/EC and 2008/50/EC)45has shown that limit values are more effective in bringing down pollutant concentrations than target values. With the aim of minimising harmful effects on human health, paying particular attention to vulnerable groups and sensitive populations, and the environment limit values should be set for the concentration of sulphur dioxide, nitrogen dioxide, particulate matter, lead, benzene, carbon monoxide, arsenic, cadmium, nickel and polycyclic aromatic hydrocarbons and target values for cadmium, arsenic and nickelin ambient air . Benzo(a)pyrene should be used as a marker for the carcinogenic risk of polycyclic aromatic hydrocarbons in ambient air. _________________ 45 Fitness check of the Ambient Air Quality Directives of 28 November 2019 (SWD(2019) 427 final).
2023/04/03
Committee: ENVI
Amendment 298 #
Proposal for a directive
Article 1 – paragraph 1
1. This Directive sets out a zerolow 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 a toxic-free environment at the latest by 2050.
2023/04/03
Committee: ENVI
Amendment 305 #
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 objectivelimit values and average exposure reduction obligations (‘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 306 #
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 objectivelimit values and average exposure reduction obligations (‘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 315 #
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 20305, and regularly reviewed thereafter in accordance with Article 3.
2023/04/03
Committee: ENVI
Amendment 319 #
Proposal for a directive
Article 1 – paragraph 3
3. This Directive also sets target values, average exposure concentration objectives, critical levels, information thresholds, alert thresholds and long-term objectives. 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. _________________ 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).
2023/04/03
Committee: ENVI
Amendment 320 #
Proposal for a directive
Article 1 – paragraph 3
3. This Directive also sets target values, average exposure concentration objectives, critical levels, information thresholds, alert thresholds and long-term objectives. 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. _________________ 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).
2023/04/03
Committee: ENVI
Amendment 334 #
Proposal for a directive
Article 3 – paragraph 1
1. By 31 December 202833, and every 510 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.
2023/04/03
Committee: ENVI
Amendment 350 #
Proposal for a directive
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 alignment withpproximation towards the World Health Organization (WHO) Air Quality Guidelines and the latest scientific information.
2023/04/03
Committee: ENVI
Amendment 371 #
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 3 – point d a (new)
(d a) the proportionality of implementation measures,
2023/04/03
Committee: ENVI
Amendment 405 #
Proposal for a directive
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 caused by indirect human activities shall be counted as emissions from natural sources;
2023/04/03
Committee: ENVI
Amendment 414 #
Proposal for a directive
Article 4 – paragraph 1 – point 39 a (new)
(39 a) 'Average exposure' means the environmental pollution to which the population in a definable area is exposed over the respective averaging period.
2023/04/03
Committee: ENVI
Amendment 432 #
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1
Member States shall review the classification referred to in paragraph 1 at least every 510 years in accordance with the procedure laid down in this paragraph . However, classifications shall be reviewed more frequently in the event of significant changes in activities emitting air pollutants and modifying the result to the ambient concentrations of sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter (PM10 and PM2.5), lead, benzene, carbon monoxide , arsenic, cadmium, nickel, benzo(a)pyrene or ozone .
2023/04/03
Committee: ENVI
Amendment 468 #
Proposal for a directive
Article 12 – paragraph 1
1. In zones where the levels of sulphur dioxide, nitrogen dioxide, particulate matter ( PM10 and PM2.5), lead, benzene, carbon monoxide , arsenic, cadmium, nickel and benzo(a)pyrene in ambient air are below the respective limit values specified in Section 1 of Annex I , Member States shall maintain the levels of those pollutants below the limit values . These limit values shall only apply from 2035 onwards and it has to be ensured that the costs are proportionate to the measures that are necessary.
2023/04/03
Committee: ENVI
Amendment 475 #
Proposal for a directive
Article 12 – paragraph 2
2. In zones in which ozone, arsenic, cadmium and nickel 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 any necessary measures do not entail a disproportionate cost.
2023/04/03
Committee: ENVI
Amendment 480 #
Proposal for a directive
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 air quality guidelines published by the WHO and below the assessment thresholds laid down in Annex II through proportionate measures and costs.
2023/04/03
Committee: ENVI
Amendment 487 #
Proposal for a directive
Article 13 – paragraph 1
1. Member States shall ensure that, throughout their zones , levels of sulphur dioxide, nitrogen dioxide, particulate matter ( PM10 and PM2.5), lead, benzene, carbon monoxide , arsenic, cadmium, nickel and benzo(a)pyrene in ambient air, do not exceed the limit values laid down in Section 1 of Annex I. These limit values shall only apply from 2035 onwards and it has to be ensured that the costs are proportionate to the measures that are necessary.
2023/04/03
Committee: ENVI
Amendment 490 #
Proposal for a directive
Article 13 – paragraph 2
2.. For ozone, arsenic, cadmium and nickel Member States shall ensure, by taking all necessary measures not entailing disproportionate costs, that throughout the zone levels do not exceed the ozone target values , as laid down in Section 2, Point B, of Annex I .
2023/04/03
Committee: ENVI
Amendment 495 #
Proposal for a directive
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 1 level, where they exceed the average exposure concentration objectives set out in Section 5, Point C, of Annex I. taking into acount proportionality between measures and costs.
2023/04/03
Committee: ENVI
Amendment 507 #
Proposal for a directive
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 as soon as possible in accordance with, points 2 and 3 of Annex IX.
2023/04/04
Committee: ENVI
Amendment 509 #
Proposal for a directive
Article 16 – paragraph 1 – introductory part
1. Member States may shall, for a given year, identify :
2023/04/04
Committee: ENVI
Amendment 510 #
Proposal for a directive
Article 16 – paragraph 1 – point a
(a) zones where exceedances of limit values for a given pollutant are attributable to natural sources and to indirect human activities; and
2023/04/04
Committee: ENVI
Amendment 516 #
Proposal for a directive
Article 16 – paragraph 2
2. Member States shall provide the Commission with lists of any such zones and NUTS 1 territorial units, as referred to in paragraph 1, together with information on concentrations and sources and the evidence demonstrating that the exceedances are attributable to natural sources and to indirect human activities.
2023/04/04
Committee: ENVI
Amendment 519 #
Proposal for a directive
Article 16 – paragraph 3
3. Where the Commission has been informed of an exceedance attributable to natural sources and to indirect human activities in accordance with paragraph 2, that exceedance shall not be considered as an exceedance for the purposes of this Directive.
2023/04/04
Committee: ENVI
Amendment 528 #
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), sulphur dioxode (SO2) 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 510 years for that particular zone , if the following conditions are met:
2023/04/04
Committee: ENVI
Amendment 530 #
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 531 #
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 540 #
Proposal for a directive
Article 18 – paragraph 1 – point c
(c) the air quality plan referred to in point (a) outlines how the public and, in particular, sensitive population and vulnerable groups will be informed about the consequences of the postponement for human health and the environment;deleted
2023/04/04
Committee: ENVI
Amendment 544 #
Proposal for a directive
Article 18 – paragraph 1 a (new)
1 a. Where, in a given zone, conformity with the limit values for particulate matter (PM10 and PM2.5) 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, due to the complex characteristics of its secondary formation in the atmosphere which complicate the task of assessing the feasibility of complying with strict limit values, a Member State may postpone that deadline for that particular zone if the following conditions are met: a) an air quality plan is established in accordance with Article 19(4) and meeting the requirements listed in Article 19(5) to (7) for the zone to which the postponement would apply; b) the air quality plan referred in point (a) is supplemented by the information listed in Point B of Annex VIII related to the pollutants concerned and demonstrates how exceedance periods above the limit values will be kept as short as possible; c) the air quality plan referred to in point (a) outlines how additional funding, including via relevant national and Union funding programmes, will be mobilised to accelerate the improvement of air quality in the zone to which the postponement would apply.
2023/04/04
Committee: ENVI
Amendment 550 #
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 proportionate and 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 . These measures shall only be directed against emissions sources which significantly constribute to the exceedance of the limit values.
2023/04/04
Committee: ENVI
Amendment 585 #
Proposal for a directive
Article 19 – paragraph 4
4. 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, 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 deadline. Where, for the same pollutant, Member States are required to establish an air quality plan in accordance with this paragraph as well as an air quality plan in accordance with Article 19(1), they may establish a combined air quality plan in accordance with Article 19(5), (6) and (7) and provide information on the expected impact of measures to reach compliance for each limit value it addresses, as required by in Annex VIII, points 5 and 6. Any such combined air quality plan shall set out appropriate measures to achieve all related limit values and to keep all exceedance periods as short as possible.deleted
2023/04/04
Committee: ENVI
Amendment 605 #
Where air quality plans shall be established in respect of several pollutants or air quality standards , Member States shall, where appropriate, establish integrated air quality plans covering all pollutants and air quality standards concerned. Zones identified according to Article 16(3), shall be listed in the air quality plan and be exempted proportionately from reduction obligations. Individual reduction practices which are tested are to be identified for these zones.
2023/04/04
Committee: ENVI
Amendment 681 #
Proposal for a directive
Article 24 – paragraph 1
The Commission is empowered to adopt delegatedimplemening acts in accordance with Article 25 amending Annexes II to IX to take account of technical and scientific developments regarding assessment of ambient air quality, information to be included in air quality plans, and public information. Relevant stakeholders and technical experts shall be consulted by the Commission.
2023/04/04
Committee: ENVI
Amendment 687 #
Proposal for a directive
Article 27 – paragraph 1
1. Member States shall ensure that, in accordance with their national legal system, members of the public concerned have access to a review procedure before a court of law, or another independent and impartial body established by law, to challenge the substantive or procedural legality of all decisions, acts or omissions concerning air quality plans referred to in Article 19, and short term action plans referred to in Article 20, of the Member State, provided that any of the following conditions is met: (a) the members of the public understood as one or more natural or legal persons and, in accordance with national law or practice, their associations, organisations or groups, have a sufficient interest; (b) where the applicable law of the Member State requires this as a precondition, the members of the public maintain the impairment of a right. Member States shall determine what constitutes a sufficient interest and impairment of a right consistently with the objective of giving the public concerned wide access to justice. The interest of any non-governmental organisation which is a member of the public concerned shall be deemed sufficient for the purposes of the first paragraph, point (a). Such organisations shall also be deemed to have rights capable of being impaired for the purposes of the first paragraph, point (b).deleted
2023/04/04
Committee: ENVI
Amendment 688 #
Proposal for a directive
Article 27 – paragraph 1 – subparagraph 1
Member States shall ensure that, in accordance with their national legal system, members of the public concerned have access to a review procedure before a court of law, or another independent and impartial body established by law, to challenge the substantive or procedural legality of all decisions, acts or omissions concerning air quality plans referred to in Article 19, and short term action plans referred to in Article 20, of the Member State, provided that any of the following conditions is met: (a) the members of the public understood as one or more natural or legal persons and, in accordance with national law or practice, their associations, organisations or groups, have a sufficient interest; (b) where the applicable law of the Member State requires this as a precondition, the members of the public maintain the impairment of a right.deleted
2023/04/04
Committee: ENVI
Amendment 693 #
Proposal for a directive
Article 27 – paragraph 1 – subparagraph 1 – point a
(a) the members of the public understood as one or more natural or legal persons and, in accordance with national law or practice, their associations, organisations or groups, have a sufficient interest;deleted
2023/04/04
Committee: ENVI
Amendment 696 #
Proposal for a directive
Article 27 – paragraph 1 – subparagraph 1 – point b
(b) where the applicable law of the Member State requires this as a precondition, the members of the public maintain the impairment of a right.deleted
2023/04/04
Committee: ENVI
Amendment 700 #
Proposal for a directive
Article 27 – paragraph 1 – subparagraph 2
Member States shall determine what constitutes a sufficient interest and impairment of a right consistently with the objective of giving the public concerned wide access to justice.deleted
2023/04/04
Committee: ENVI
Amendment 705 #
Proposal for a directive
Article 27 – paragraph 1 – subparagraph 3
The interest of any non-governmental organisation which is a member of the public concerned shall be deemed sufficient for the purposes of the first paragraph, point (a). Such organisations shall also be deemed to have rights capable of being impaired for the purposes of the first paragraph, point (b).deleted
2023/04/04
Committee: ENVI
Amendment 710 #
Proposal for a directive
Article 27 – paragraph 2
2. To have standing to participate in the review procedure shall not be conditional on the role that the member of the public concerned played during a participatory phase of the decision- making procedures related to Article 19 or 20.deleted
2023/04/04
Committee: ENVI
Amendment 714 #
Proposal for a directive
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 relief as appropriate.deleted
2023/04/04
Committee: ENVI
Amendment 718 #
Proposal for a directive
Article 27 – paragraph 4
4. This Article does not prevent Member States from requiring a preliminary review procedure before an administrative authority and does not affect the requirement of exhaustion of administrative review procedures prior to recourse to judicial review procedures, where such a requirement exists under national law.deleted
2023/04/04
Committee: ENVI
Amendment 719 #
Proposal for a directive
Article 27 – paragraph 5
5. Member States shall ensure that practical information is made available to the public on access to administrative and judicial review procedures referred to in this Article.deleted
2023/04/04
Committee: ENVI
Amendment 722 #
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 726 #
Proposal for a directive
Article 28 – paragraph 1
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.deleted
2023/04/04
Committee: ENVI
Amendment 731 #
Proposal for a directive
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.deleted
2023/04/04
Committee: ENVI
Amendment 733 #
Proposal for a directive
Article 28 – paragraph 3
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.deleted
2023/04/04
Committee: ENVI
Amendment 734 #
Proposal for a directive
Article 28 – paragraph 4
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.deleted
2023/04/04
Committee: ENVI
Amendment 735 #
Proposal for a directive
Article 28 – paragraph 4 – subparagraph 1
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.deleted
2023/04/04
Committee: ENVI
Amendment 738 #
Proposal for a directive
Article 28 – paragraph 4 – subparagraph 2
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.deleted
2023/04/04
Committee: ENVI
Amendment 747 #
Proposal for a directive
Article 28 – paragraph 5
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.deleted
2023/04/04
Committee: ENVI
Amendment 748 #
Proposal for a directive
Article 28 – paragraph 6
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.deleted
2023/04/04
Committee: ENVI
Amendment 749 #
Proposal for a directive
Article 29 – paragraph 1
1. Without prejudice to the obligations of Member States under Directive 2008/99/EC of the European Parliament and of the Council62,Member States shall lay down the rules on penalties applicable to violations by natural and legal persons,infringements of the national provisions adopted pursuant to this Directive and shall ensure that those rules are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall notify the Commission without undue delay of those rules and of any amendment thereof. _________________ 62 Directive 2008/99/EC of the European Parliament and of the Council of 19 November 2008 on the protection of the environment through criminal law (OJ L 328, 6.12.2008, p. 28).
2023/04/04
Committee: ENVI
Amendment 750 #
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 755 #
Proposal for a directive
Article 29 – paragraph 3
3. Member States shall ensure that the penalties referred to in paragraph 1 give due regard to the following circumstances, as applicable: (a) the nature, gravity, extent and duration of the violation; (b) the intentional or negligent character of the violation; (c) the population, including sensitive population and vulnerable groups, or the environment affected by the violation, taking into account the objective of achieving a high level of protection of human health and the environment; (d) the repetitive or singular character of the violation.deleted
2023/04/04
Committee: ENVI
Amendment 767 #
Proposal for a directive
Annex I – Part 1 – paragraph 1
Table 1 – Limit and target values for the protection of human health to be attained byas of 1 January 20305
2023/04/03
Committee: ENVI
Amendment 772 #
Proposal for a directive
Annex I – Section 1 – table 1
Averaging period Limit value PM2.5 1 day 237,5 μg/m3 not to be exceeded more than 18 times per calendar year Calendar year 105 μg/m³ PM10 PM10 1 day 450 μg/m3 not to be exceeded more than 18 times per calendar year Calendar year 20 μg/m3 Nitrogen dioxide (NO2) 1 hour 200 μg/m3 not to be exceeded more than once per calendar year 1 day 50 μg/m3 not to be exceeded more than 18 times per calendar year Calendar year 20 μg/m3 Sulphur dioxide (SO2) 1 hour 350 μg/m3 not to be exceeded more than once per calendar year 1 day 50 μg/m3 not to be exceeded more than 18 times per calendar year Calendar year 20 μg/m3 Benzene Calendar year 3,4 μg/m3 Carbon monoxide (CO) maximum daily 8 – hour mean 10 mg/m3 (1) (1) 1 day 4 mg/m3 not to be exceeded more than 18 times per calendar year Lead (Pb) Calendar year 0,5 μg/m3 Arsenic (As) Calendar year 6,0 ng/m³ Cadmium (Cd) Calendar year 5,0 ng/m³ Nickel (Ni) Calendar year 20 ng/m³ Benzo(a)pyrene Calendar year 1,0 ng/m³ (1) The maximum daily 8-hour mean concentration will be selected by examining 8-hour running averages, calculated from hourly data and updated each hour. Each 8-hour average so calculated will be assigned to the day on which it ends i.e. the first calculation period for any 1 day will be the period from 17.00 on the previous day to 1.00 on that day; the last calculation period for any 1 day will be the period from 16.00 to 24.00 on that day.
2023/04/03
Committee: ENVI
Amendment 773 #
Proposal for a directive
Annex I – Section 1 – table 1
Averaging period Limit value PM2.5 1 day 237,5 μg/m3 not to be exceeded more than 18 times per calendar year Calendar year 105 μg/m³ PM10 1 day 450 μg/m3 not to be exceeded more than 18 times per calendar year Calendar year 20 μg/m3 Nitrogen dioxide (NO2) 1 hour 200 μg/m3 not to be exceeded more than once per calendar year 1 day 50 μg/m3 not to be exceeded more than 18 times per calendar year Calendar year 20 μg/m3 Sulphur dioxide (SO2) 1 hour 350 μg/m3 not to be exceeded more than once per calendar year 1 day 50 μg/m3 not to be exceeded more than 18 times per calendar year Calendar year 20 μg/m3 Benzene Calendar year 3,4 μg/m3 Carbon monoxide (CO) maximum daily 8 – hour mean 10 mg/m3 (1) (1) 1 day 4 mg/m3 not to be exceeded more than 18 times per calendar year Lead (Pb) Calendar year 0,5 μg/m3 Arsenic (As) Calendar year 6,0 ng/m³ Cadmium (Cd) Calendar year 5,0 ng/m³ Nickel (Ni) Calendar year 20 ng/m³ Benzo(a)pyrene Calendar year 1,0 ng/m³ (1) The maximum daily 8-hour mean concentration will be selected by examining 8-hour running averages, calculated from hourly data and updated each hour. Each 8-hour average so calculated will be assigned to the day on which it ends i.e. the first calculation period for any 1 day will be the period from 17.00 on the previous day to 1.00 on that day; the last calculation period for any 1 day will be the period from 16.00 to 24.00 on that day.
2023/04/03
Committee: ENVI
Amendment 852 #
Proposal for a directive
Annex IV – Part C – paragraph 1 – point a
(a) the flow around the sampling point inlet shall be unrestricted (in general, where possible the air must flow freely in an arc of at least 270°, or, for sampling points at the building line, of at least 180°) without any obstructions affecting the airflow in the vicinity of the inlet (at least 1,5 m away from buildings, balconies, tree crowns and other obstacles, and at least 0,5shall, where possible, be 3 m from the nearest building in the case of sampling points representing air quality at the building line);
2023/04/03
Committee: ENVI
Amendment 854 #
Proposal for a directive
Annex IV – Part C – paragraph 1 – point b
(b) in general, the sampling point inlet shall be between 0,5 m (the breathing zone)3 m and 4 m above the ground. Higher siting (up to 8m) may be appropriate if the sampling point is representative of a large area (a background location) or if measurements are to be made in street canyons at a sufficient distance from concentration fluctuations of traffic or in other specific circumstances and any derogations shall be fully documented;
2023/04/03
Committee: ENVI
Amendment 856 #
Proposal for a directive
Annex IV – Part C – paragraph 1 – point c
(c) the inlet probe shall not be positioned in the immediate vicinity of sources in order to avoid the direct intake of emissions including emissions from traffic, unmixed with ambient air to which members of the public are unlikely to be exposed; For all pollutants, sampling points shall be at between 3 and 5 m from the edge of the roadway. For the purposes of this subparagraph, the term "edge of the roadway" means the strip separating motorised traffic from other areas.
2023/04/03
Committee: ENVI
Amendment 857 #
Proposal for a directive
Annex IV – Part C – paragraph 1 – point f
(f) for the deposition measurements in rural background locations, the guidelines and criteria of EMEP shall apply as far as practicable;
2023/04/03
Committee: ENVI