BETA

22 Amendments of Anna ZALEWSKA related to 2022/0347(COD)

Proposal for a directive
Article 3 – paragraph 1

1. By 31 December 202835, 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

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, as far as technically and economically feasible, with the World Health Organization (WHO) Air Quality Guidelines and the latest scientific information.

2023/04/03
Committee: ENVI

Proposal for a directive
Article 3 – paragraph 2 – subparagraph 3 – point b

(b) demonstrated technological ~~development~~progress impacting air quality and its assessment,

2023/04/03
Committee: ENVI

3. The European Environment Agency and relevant stakeholders, including industry, shall assist the Commission in carrying out the review.

2023/04/03
Committee: ENVI

Proposal for a directive
Article 3 a (new)

Article 3 a The measures prescribed under paragraphs (1) to (3) should be distributed fairly among the sectors contributing to the exceedance(s), to the extent of their contribution to the exceedance(s) and their techno-economic capabilities.

2023/04/03
Committee: ENVI

Proposal for a directive
Article 10 – paragraph 6 – point a

(a) fixed measurements of particulate matter (PM10 and PM2.5), nitrogen dioxide (NO2), ozone (O3)~~, black carbon (BC), ammonia (NH3) and ultrafine particles (UFP~~ and ammonia (NH3).

2023/04/03
Committee: ENVI

Proposal for a directive
Article 19 – paragraph 1 – subparagraph 2

Where exceedances of any limit values persist during the third calendar year after the establishment of the air quality plan, Member States shall update the air quality plan and the measures therein, and take additional and more effective measures, ~~in the subsequent calendar~~within 2 years, to keep the exceedance period as short as possible.

2023/04/04
Committee: ENVI

Proposal for a directive
Article 19 – paragraph 2 – subparagraph 2

Where exceedances of the ozone target value persist during the fifth calendar year after the establishment of the air quality plan in the relevant NUTS 1 territorial unit, Member States shall update air quality plan and the measures therein, and take additional and more effective measures, ~~in the subsequent calendar~~within two years, to keep the exceedance period as short as possible.

2023/04/04
Committee: ENVI

Proposal for a directive
Article 19 – paragraph 3 – subparagraph 2

Where exceedances of the average exposure reduction obligation persist during the fifth calendar year after the establishment of the air quality plan, Member States shall update the air quality plan and the measures therein, and take additional and more effective measures, ~~in the subsequent calendar~~within two years, to keep the exceedance period as short as possible.

2023/04/04
Committee: ENVI

Proposal for a directive
Article 19 – paragraph 3 a (new)

3 a. The measures prescribed under paragraphs (1) to (3) should be based on an analysis of their potential for mitigating the exceedance(s) as well as their costs and benefits, as recommended by the World Health Organization, taking specifically into account sector-specific environmental legislation.

2023/04/04
Committee: ENVI

Proposal for a directive
Article 19 – paragraph 4 a (new)

4 a. Member States are encouraged, where applicable and feasible, to employ new and developing technologies and innovative solutions in their air quality plans, or to complement and facilitate the implementation of their air quality plans.

2023/04/04
Committee: ENVI

Proposal for a directive
Article 19 – paragraph 4 b (new)

4 b. The Commission shall provide assistance, including information campaigns, and sufficient technical know- how, at the request of Member States, to help successfully foster projects from Horizon Europe, InvestEU, the Cohesion Fund, the European Regional Development Fund, EU4Health, the LIFE programme, and others, where appropriate, to help improve the ambient air quality and implement Member State air quality plans. The Commission and Member States shall endeavour to realise at least one such project in each Member State.

2023/04/04
Committee: ENVI

Proposal for a directive
Article 19 – paragraph 4 c (new)

4 c. Member States and the Commission may, where appplicable and feasible, explore possibilities of capturing carbon at point-source emissions or directly from the ambient air and its subsequent utilisation or sequestration, if it would improve the ambient air quality and complement or facilitate the implementation of Member State air quality plans.

2023/04/04
Committee: ENVI

Proposal for a directive
Article 19 – paragraph 5 – subparagraph 5 a (new)

Air quality plans shall not include measures requiring investments in industrial processes and measures that already comply with environmental legislation and will be phased out as part of their deep industrial transformation.

2023/04/04
Committee: ENVI

Proposal for a directive
Article 19 – paragraph 5 a (new)

5 a. The Commission shall take every measure to provide financial and technical support to Member States, without undue delay, in implementing the Member States' air quality plans, at the request of Member States, in order to swiftly ensure the health and well-being of citizens affected by the levels of ambient air quality.

2023/04/04
Committee: ENVI

Proposal for a directive
Article 20 – paragraph 3 a (new)

3 a. The Commission shall take every measure to financially and technically support the Member States without undue delay in drawing up or implementing the short-term action plans, at the request of the Member State, in order to swiftly ensure the health and well-being of citizens affected.

2023/04/04
Committee: ENVI

Proposal for a directive
Article 23 – paragraph 2 – introductory part

2. For the specific purpose of assessing compliance with the limit values, ozone target values, average exposure reduction obligations and critical levels , the information referred to in paragraph 1 shall be made available to the Commission no later than 49 months after the end of each calendar year and shall include:

2023/04/04
Committee: ENVI

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

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

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).

2023/04/04
Committee: ENVI

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

Proposal for a directive
Annex I – Section 1 – table 2 – title

Table 2 – Limit values for the protection of human health to be attained by [~~INSERT TRANSPOSITION DEADLINE~~5 years after the transposition deadline]

2023/04/03
Committee: ENVI