53 Amendments of Martin HOJSÍK 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 321 #
Proposal for a directive
Article 1 – paragraph 3 – introductory part
Article 1 – paragraph 3 – introductory part
3. 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. and to enhanced synergies between the Union's air quality policy and other relevant Union policies, in particular climate and energy policies. _________________ 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 330 #
Proposal for a directive
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
6. measures promoting increased cooperation between Member States and regional and local authorities within and between Member States in reducing air pollution.
Amendment 348 #
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 with the most- up-to-date World Health Organization (WHO) Air Quality Guidelines and the latest scientific information.
Amendment 361 #
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 3 – point b a (new)
Article 3 – paragraph 2 – subparagraph 3 – point b a (new)
(b a) environmental, climate or behavioural developments impacting air quality and its assessment;
Amendment 364 #
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 3 – point c
Article 3 – paragraph 2 – subparagraph 3 – point c
(c) air quality situations and associated impacts on human health and the environment in Member States,
Amendment 366 #
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 3 – point d
Article 3 – paragraph 2 – subparagraph 3 – point d
(d) efficiency of the Directive and progress made in implementing national and Union reduction measures for pollutants and improving air quality.
Amendment 391 #
Proposal for a directive
Article 4 – paragraph 1 – point 24 a (new)
Article 4 – paragraph 1 – point 24 a (new)
(24 a) ‘air pollution hotspot’ means a place where pollution levels are higher than the average of the area due to the influence of heavy pollution sources, such as, but not limited to, congested and heavily trafficked roads, industrial plants, ports, or pollution intensive residential heating;
Amendment 398 #
Proposal for a directive
Article 4 – paragraph 1 – point 28
Article 4 – paragraph 1 – point 28
(28) ‘average exposure indicator’ means an average level determined on the basis of measurements at urban background locations and air pollution hotspots throughout the territorial unit at NUTS 12 level as described in Regulation (EC) No 1059/2003, or, if there is no urban area or air pollution hotspot located in that territorial unit, at rural background locations, and which reflects population exposure, used to check whether the average exposure reduction obligation and the average exposure concentration objective for that territorial unit have been met ;
Amendment 401 #
Proposal for a directive
Article 4 – paragraph 1 – point 29
Article 4 – paragraph 1 – point 29
(29) ‘ average exposure reduction obligation ’ means a percentage reduction of the average exposure of the population , expressed as average exposure indicator, of a territorial unit at NUTS 12 level as described in Regulation (EC) No 1059/2003 of the European Parliament and of the Council57set for the reference year with the aim of reducing harmful effects on human health, to be attained over a given period; _________________ 57 Regulation (EC) No 1059/2003 of the European Parliament and of the Council of 26 May 2003 on the establishment of a common classification of territorial units for statistics (NUTS) (OJ L 154, 21.6.2003, p. 1).
Amendment 409 #
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 any requirements under national law;
Amendment 428 #
Proposal for a directive
Article 5 – paragraph 1 – point i a (new)
Article 5 – paragraph 1 – point i a (new)
(i a) provision and maintenance of hourly updated air quality index and other relevant public information.
Amendment 440 #
Proposal for a directive
Article 8 – paragraph 7
Article 8 – paragraph 7
7. In addition to monitoring required under Article 10, Member States shall, where applicable, monitor ultrafine particles levels in accordance with Point D of Annex III and Section 3 of Annex VII.
Amendment 455 #
Proposal for a directive
Article 10 – paragraph 1 – subparagraph 1
Article 10 – paragraph 1 – subparagraph 1
Each Member State shall establish at least one monitoring supersite per 102 million inhabitants at an urban background location. Member States that have fewer than 102 million inhabitants shall establish at least one monitoring supersite at an urban background location.
Amendment 458 #
Proposal for a directive
Article 10 – paragraph 5
Article 10 – paragraph 5
5. Measurements at all monitoring supersites at urban background locations shall include fixed or indicative measurements of size distribution of ultrafine particles and particulate matter oxidative potential, irrespective of concentration levels.
Amendment 459 #
Proposal for a directive
Article 10 – paragraph 6 – point a
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), irrespective of concentration levels and measurements of sulphur dioxide (SO2) and carbon monoxide (CO) where appropriate.
Amendment 462 #
(b) fixed or indicative measurements of fine particulate matter (PM2.5), irrespective of concentration levels, for the purposes of providing, as a minimum, information on their total mass concentration and their chemical speciation concentrations on an annual average basis in accordance with Section 1 of Annex VII;
Amendment 464 #
Proposal for a directive
Article 10 – paragraph 6 – point c
Article 10 – paragraph 6 – point c
(c) fixed or indicative measurements of arsenic, cadmium, nickel, total gaseous mercury, benzo(a)pyrene and the other polycyclic aromatic hydrocarbons referred to in Article 8(6), and of the total deposition of arsenic, cadmium, mercury, nickel, benzo(a)pyrene and the other polycyclic aromatic hydrocarbons referred to in Article 8(6), irrespective of concentration levels.
Amendment 465 #
Proposal for a directive
Article 10 – paragraph 7
Article 10 – paragraph 7
7. Measurements of particulate and gaseous divalent mercury mayshall also be undertaken at monitoring supersites at urban background locations and rural background locations.
Amendment 474 #
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 atto attain and maintain 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.
Amendment 477 #
Proposal for a directive
Article 12 – paragraph 3
Article 12 – paragraph 3
3. In territorial units at NUTS 12 level as described in Regulation (EC) No 1059/2003 where the average exposure indicators for PM2.5 and NO2 are below the respective value of the average exposure concentration objectives for those pollutants as laid down in Section 5 of Annex I, Member States shall maintain the levels of those pollutants below the average exposure concentration objectives.
Amendment 496 #
Proposal for a directive
Article 13 – paragraph 3
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 12 level, where they exceed the average exposure concentration objectives set out in Section 5, Point C, of Annex I.
Amendment 504 #
Proposal for a directive
Article 15 – paragraph 3
Article 15 – paragraph 3
3. Where any alert threshold or any information threshold laid down in Section 4 of Annex I is exceeded, Member States shall take the necessary steps to inform the public within a few hours at the latest, in a coherent and easily understandable manner, making use of different media and communication channels and ensuring broad public access . .
Amendment 506 #
Proposal for a directive
Article 15 – paragraph 4
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 in a coherent and easily understandable manner as soon as possible in accordance with, points 2 and 3 of Annex IX.
Amendment 512 #
Proposal for a directive
Article 16 – paragraph 1 – point b
Article 16 – paragraph 1 – point b
(b) NUTS 12 territorial units where exceedances of the level determined by the average exposure reduction obligations are attributable to natural sources.
Amendment 541 #
Proposal for a directive
Article 18 – paragraph 1 – point c
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 in a coherent and easily understandable manner about the consequences of the postponement for human health and the environment;
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 601 #
Proposal for a directive
Article 19 – paragraph 5 – subparagraph 1 – point c
Article 19 – paragraph 5 – subparagraph 1 – point c
(c) where appropriate, information on abatement measures listed in Point B, Point 2 of Annex VIII.
Amendment 617 #
Proposal for a directive
Article 19 – paragraph 6 – subparagraph 2
Article 19 – paragraph 6 – subparagraph 2
When preparing air quality plans and air quality roadmaps, 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, 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. Member States shall make sure that relevant stakeholders and citizens are duly informed about the specific sources and air pollutants affecting air quality and the relevant air pollution mitigation measures that exist and are available on the market.
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 647 #
Proposal for a directive
Article 21 – paragraph 1 – subparagraph 3
Article 21 – paragraph 1 – subparagraph 3
Member States shall respond to each other in a timely manner, and no later than 3 2 months after being notified by another Member State in accordance with the first subparagraph and cooperate in an efficient manner when one Member State is taking legal action against a natural or legal person for violations against national provisions adopted pursuant to this Directive, as referred to in Article 29, that has caused air pollution in another Member State.
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.
Amendment 776 #
Proposal for a directive
Annex I – Section 1 – table 1
Annex I – Section 1 – table 1
Amendment 788 #
Proposal for a directive
Annex I – Section 4 – point A– table
Annex I – Section 4 – point A– table
Amendment 806 #
Proposal for a directive
Annex II – Section 1 – table
Annex II – Section 1 – table
Amendment 814 #
Proposal for a directive
Annex III – Part A – point 1 – table 1
Annex III – Part A – point 1 – table 1
Minimum number of sampling points if concentrations exceed the assessment threshold Population NO2, SO2, Sum PM (1) Minimum Minimum Pb, Cd, Pb, Benzo(a)pyrene of zone CO, benzene (1) PM10 PM2.5 As, Ni Cd, in PM10 (thousands) in As, Ni in PM10 0 - 249 2 4 4 2 2 2 1 1 250 - 499 2 4 4 2 2 2 1 1 1 500 - 749 2 4 4 2 2 1 1 1 750 - 999 3 4 4 2 2 2 2 2 1 000 - 1 4 6 6 2 2 2 2 2 499499 1 500 - 1 5 7 3 3 2 2 2 999 2 000 - 2 6 8 3 3 2 3 7493 749 2 750 - 3 7 10 4 4 2 3 7493 749 3 750 - 4 8 11 4 4 3 4 7494 749 4 750 - 5 9 13 5 5 4 5 9995 999 6 000+ 10 15 5 5 5 5 (1) The number of PM2.5 and NO2 sampling points in the urban background locations of urban areas and air quality hotspots shall meet the requirements set out in Point B.
Amendment 817 #
Proposal for a directive
Annex III – Part A – point 1 – table 3
Annex III – Part A – point 1 – table 3
Population of Minimum number of sampling points if the number of sampling points is zone reduced by up to 50% (thousands) NO2, Sum PM Minimum Minimum Pb, Cd, Benzo(a)p SO2, (1) PM10 PM2.5 As, Ni in yrene in CO, PM10 PM10 benzene 0 - 249 1 2 1 1 1 1 250 - 499 1 2 1 1 1 1 500 - 749 1 2 1 1 1 1 750 - 999 2 2 1 1 1 1 1 000 - 1 499 2 3 1 1 1 1 1 500 - 1 999 3 4 2 2 1 1 2 000 - 2 749 3 4 2 2 1 2 2 750 - 3 749 4 5 2 2 1 2 3 750 - 4 749 4 6 2 2 2 2 4 750 - 5 999 5 7 3 3 2 3 6 000+ 5 8 3 3 3 3 (1) The number of PM2.5 and NO2 sampling points in the urban background locations of urban areas and air quality hotspots shall meet the requirements set out in Point B.
Amendment 866 #
Proposal for a directive
Annex V – Part A – point 1 – table
Annex V – Part A – point 1 – table
Air pollutant Maximum uncertainty of Maximum uncertainty of Maximum fixed measurements indicative measurements (1) ratio of uncertainty of modelling and objective estimation over uncertainty of fixed fixed measurement s s Absolute Relative Absolute Relative value Maximum value value value ratio PM2.5 3,01,25 μg/ m3 3025 % 42,0 μg/ m3 40 % 1,7 PM10 43,0 μg/ m3 20 % 6,04,5 μg/ m3 30 % 1,3 NO2 / NOx 6,01,5 μg/ m3 3015 % 8,02,5 μg/ m3 430 % 1,4 Benzene 0,750456 μg/ m3 25 % 1,20,05 μg/ m3 35 % 1,7 Lead 0,120375 μg/ m3 25 % 0,170,045 μg/ m3 35 % 1,7 Arsenic 2,40,26 ng/ m3 40 % 3,00,33 ng/ m3 50 % 1,1 Cadmium 21,0 ng/ m3 40 % 1,2,5 ng/ m3 50 % 1,1 Nickel 81,0 ng/ m3 40 % 10,0,25 ng/ m3 50 % 1,1 Benzo(a)pyre 0,5 ng m 3 0,06 ng m3 50 % 0,6072 ng/ m3 60 % 1,1 ne (1) When using indicative measurements for other purposes other than compliance assessment, such as, but not only: design or review of the monitoring network, model calibration and validation, the uncertainty may be that established for modelling applications.
Amendment 868 #
Proposal for a directive
Annex V – Part A – point 2 – table
Annex V – Part A – point 2 – table