18 Amendments of Michal WIEZIK related to 2022/0347(COD)
Amendment 192 #
Proposal for a directive
Recital 2
Recital 2
(2) In December 2019, the European Commission set out in its Communication ‘The European Green Deal’40an ambitious roadmap to transform the Union into a fair and prosperous society, with a modern, resource-efficient and competitive economy, aiming to protect, conserve and enhance the Union’s natural capital, and to protect the health and well-being of citizens from environment-related risks and impacts. Specifically on clean air, the European Green Deal committed to further improving air quality and to aligning EU air quality standards more closelywith the recommendations of the World Health Organization (WHO). It also announced a strengthening of provisions on air quality monitoring, modelling and planning. _________________ 40 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions The European Green Deal; COM(2019) 640 final.
Amendment 196 #
Proposal for a directive
Recital 4
Recital 4
(4) The Zero Pollution Action Plan also sets out a vision for the year 2050, where air pollution is reduced to levels no longer considered harmful to health and natural ecosystems. To this end, a stagedn ambitious approach towards setting current and future EU air quality standards should be pursued, establishing intermediate air quality standards for the year 2030 and beyond, and developing a perspective for alignment with the WHO Air Quality Guidelines by the year 2050 at the latest based on a regular review mechanism to take into accountfollow the latest scientific understanding. Given the links between pollution reduction and decarbonisation, the long- term objective to achieve the zero pollution ambition should be pursued hand in hand with reduction of greenhouse gas emissions as set by Regulation (EU) 2021/1119 of the European Parliament and of the Council42. _________________ 42 Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (‘European Climate Law’) (OJ L 243, 9.7.2021, p. 1–17).
Amendment 240 #
Proposal for a directive
Recital 16
Recital 16
(16) Scientific evidence shows that sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter, lead, benzene, carbon monoxide, arsenic, cadmium, nickel, some polycyclic aromatic hydrocarbons and ozone are responsible for significant negative impacts on human health . Impact on human health and the environment occurs via concentrations in ambient air . an array of significant adverse effects on the environment and human health, and can result in premature death. These substances damage most organ systems and are linked to many debilitating diseases, such as childhood and adult- onset asthma, cardiovascular diseases, chronic obstructive pulmonary disease, pneumonia, stroke, diabetes, lung cancer, impaired cognitive development, and dementia. Certain groups are especially sensitive and vulnerable and more likely to experience adverse health effects, such as for example those with specific pre- existing health conditions (e.g. respiratory or cardiovascular diseases), pregnant women, newborns, children, the elderly, people living in poverty, people living with disabilities or people with inadequate access to medical care.
Amendment 302 #
1. This Directive sets out a zero pollution objective for air quality, so that within the Union air quality is progressiveurgently 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.
Amendment 309 #
Proposal for a directive
Article 1 – paragraph 2
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 as soon as possible and at the latest by the year 2030, and regularly reviewed thereafter in accordance with Article 3.
Amendment 552 #
Proposal for a directive
Article 19 – paragraph 1 – subparagraph 1
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, including triggering permit revision in accordance with Article 21 (5) of Directive (EU).../….[recast IED], 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 .
Amendment 619 #
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 environmental organisations and organisations promoting human health, consumer organisations, organisations representing the interests of sensitive population and vulnerable groups, healthcare professionals, other relevant health- care bodies and the relevant industrial federations are allowed to take part in those consultations.
Amendment 624 #
Proposal for a directive
Article 19 – paragraph 7 a (new)
Article 19 – paragraph 7 a (new)
7 a. Air Quality Plans shall be duly taken into account when preparing heating and cooling plans of municipalities and for any measures to be taken in the context of the obligations under the Energy Performance of Buildings Directive which may have an impact on ambient air quality, the limit and target values, average exposure reduction obligations, average exposure concentration objectives, critical levels, information thresholds, alert thresholds and long-term objectives.
Amendment 631 #
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. Such conditions related to industrial installations shall include specific additional conditions in the permit that are more stringent than those set in the relevant BAT conclusions, in order to ensure that the installation complies with environmental quality standards, and may consist in setting stricter emission limit values or limiting the operation or capacity of the installation. 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 639 #
Proposal for a directive
Article 20 – paragraph 4
Article 20 – paragraph 4
4. When Member States have drawn up a short-term action plan, they shall make available to the public and to appropriate organisations such as environmental organisations and organisations promoting human health, consumer organisations, organisations representing the interests of sensitive population and vulnerable groups, healthcare professionals, other relevant health- care bodies and the relevant industrial federations both the results of their investigations on the feasibility and the content of specific short-term action plans as well as information on the implementation of these plans.
Amendment 650 #
Proposal for a directive
Article 22 – paragraph 1 – introductory part
Article 22 – paragraph 1 – introductory part
1. Member States shall ensure that the public as well as appropriate organisations such as environmental organisations and organisations promoting human health, consumer organisations, organisations representing the interests of sensitive populations and vulnerable groups , healthcare professionals and other relevant health-care bodies and the relevant industrial federations are informed, adequately and in good time, of the following:
Amendment 667 #
Proposal for a directive
Article 22 – paragraph 2
Article 22 – paragraph 2
2. Member States shall establish an air quality index covering sulphur dioxide, nitrogen dioxide, particulate matter (PM10 and PM2.5) and ozone, and make it available through a public source providing an hourly update and accompanied with health information, including information tailored to sensitive population and vulnerable groups.. The air quality index shall consider the recommendations by the WHO and build on the air quality indices at European scale provided by the European Environmental Agency.
Amendment 728 #
Proposal for a directive
Article 28 – paragraph 1
Article 28 – paragraph 1
1. Member States shall ensure that natural persons who suffer damage to human health caused by a violation of the provisions under this Direcitive, including but not limited to Articles 13, 19(1) to 19(4), 20(1) and 20(2), 21(1) second sub- paragraph and 21(3) of this Directive by an omission, decision, act or delay therof of the competent authorities are entitled to compensation in accordance with this article.
Amendment 742 #
Proposal for a directive
Article 28 – paragraph 4 – subparagraph 2 a (new)
Article 28 – paragraph 4 – subparagraph 2 a (new)
Member States shall ensure that, where the claimant has reasonably substantiated that evidence lies in the control of the respondent, the court or administrative authority is able to order that such evidence be disclosed by the respondent in accordance with national procedural law and subject to applicable Union and national rules on confidentiality.
Amendment 743 #
Proposal for a directive
Article 28 – paragraph 4 – subparagraph 2 b (new)
Article 28 – paragraph 4 – subparagraph 2 b (new)
The violation of this Directive by the respondent shall be presumed when the respondent has failed to comply with an obligation to disclose evidence at its disposal pursuant to this paragraph.
Amendment 745 #
Proposal for a directive
Article 28 – paragraph 4 a (new)
Article 28 – paragraph 4 a (new)
4 a. For the purposes of this Article, air pollution in excess of the limit values specified in Article 13 and in Table 1 of Annex I, shall be presumed to be harmful to the health of those exposed to it, in particular sensitive population and vulnerable groups, and it causes or contributes to the associated health effects.
Amendment 756 #
Proposal for a directive
Article 29 – paragraph 3 – point a a (new)
Article 29 – paragraph 3 – point a a (new)
(a a) real or estimated avoided cost of compliance;
Amendment 759 #
Proposal for a directive
Article 29 – paragraph 3 – point d
Article 29 – paragraph 3 – point d
(d) the repetitive or singular character of the violation, including any previous receipt of an admonition penalty, administrative or criminal sanction.