PE 88 2024 INIT

PE 88 2024 INIT

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EUROPEAN UNION THE EUROPEAN PARLIAMENT THE COUNCIL
Brussels , 2 October 2024 (OR. en) 2022/0347(COD)
PE-CONS 88 /24
ENV 513 ENER 226 IND 257 TRANS 229 ENT 95 SAN 278 AGRI 404 CODEC 1281
LEGISLATIVE ACTS AND OTHER INSTRUMENTS Subject: DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on ambient air quality and cleaner air for Europe (recast)

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DIRECTIVE (EU) 2024/… OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of … on ambient air quality and cleaner air for Europe (recast) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the functioning of the European Union, and in particular Article 192(1) thereof, Having regard to the proposal from the European Commission, After transmission of the draft legislative act to the national parliaments, Having regard to the opinion of the European Economic and Social Committee1, Having regard to t he opinion of the Committee of the Regions2, Acting in accordance with the ordinary legislative procedure3,
1 OJ C 146, 27.4.2023, p. 46. 2 OJ C, C/2023/251, 26.10.2023, ELI: https://ift.tt/xL1IneP. 3 Position of the European Parliament of 24 April 2024 (not yet published in the Official Journal) and decision of the Council of …
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Whereas: (1) Directives 2004/107/EC4 and 2008/50/EC5 of the European Parliament and of the Council have been substantially amended. Since further a mendments are to be made, those Directives should be recast in the interest of clarity. (2) The Commission set out in its communication of 11 December 2019 entitled ‘The European Green Deal’ an ambitious roadmap to transform the Union into a fair and prosp erous society, with a modern, resource -efficient and competitive economy, that aims 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 Commission committed itself to further improving air quality and to aligning Union air quality standards more closely with the recommendations of the World Health Organization (WHO). The Commission also announced in the European Green Dea l a strengthening of provisions on air quality monitoring, modelling and planning. (3) In its communication of 12 May 2021 entitled ‘Pathway to a Healthy Planet for All – EU Action Plan: Towards Zero Pollution for Air, Water and Soil’, the Commission established a ‘Zero Pollution Action Plan’ that, inter alia, addresses pollution aspects of the European Green Deal and further commits to reducing, by 2030, the health impact of air pollution by more than 55 % and the Union ecosystems where air pollution threatens biodiversity by 25 %.
4 Directive 2004/107/EC of the European Parliament and of the Council of 15 December 2004 relating to arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocar bons in ambient air (OJ L 23, 26.1.2005, p. 3). 5 Directive 2008/50/EC of the European Parliament and of the Council of 21 May 2008 on ambient air quality and cleaner air for Europe (OJ L 152, 11.6.2008, p. 1).
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(4) The Zero Pollution Action Plan also sets out a vision for 2050, where air pollution is reduced to levels no longer considered harmful to h ealth and natural ecosystems. To that end, a staged approach towards setting current and future Union air quality standards should be pursued, establishing air quality standards for 2030 and beyond, and developing a perspective for alignment with the most up-to-date WHO Air Quality Guidelines at the latest by 2050 based on a regular review mechanism to take into account the latest scientific evidence. Given the links between pollution reduction and decarbonisation, the long-term objective to achieve the zer o pollution ambition should be pursued together with a reduction of greenhouse gas emissions as established by Regulation (EU) 2021/1119 of the European Parliament and of the Council6. (5) In September 2021, the WHO updated its Air Quality Guidelines, base d on a systematic review of the scientific evidence on health effects of air pollution. The updated WHO Air Quality Guidelines highlight new evidence about effects occurring at low levels of exposure to air pollution, and formulate lower air quality guidel ine levels for particulate matter (PM 10 and PM 2,5) and for nitrogen dioxide compared to previous guidelines. This Directive takes into account the latest scientific evidence, including the most up -to-date WHO Air Quality Guidelines.
6 Regulation (EU) 2021/1119 of the European P arliament 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).
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(6) Over the past thre e decades, Union and national legislation have delivered steady reductions in harmful air pollutant emissions and corresponding improvements in air quality. Policy options analysed under the impact assessment accompanying this Directive indicate additional net socio -economic benefits from further reducing air pollution, with the projected monetised health and environmental benefits significantly outweighing the expected implementation costs.
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(7) When 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 by the principles that preventive action should be taken, that environme ntal damage should as a priority be rectified at source and that the polluter should pay, established in the Treaty on the Functioning of the European Union (TFEU), and by the ‘do no harm’ principle of the European Green Deal, also acknowledging the human right to a clean, healthy and sustainable environment as recognised in Resolution 76/300 adopted by the United Nations (UN) General Assembly on 28 July 2022. They should, inter alia, take into account the following elements: the contribution of improved ai r quality to human health, the quality of the environment and ecosystem resilience, the well -being of citizens, equality and the protection of sensitive population and vulnerable groups, healthcare costs, the prosperity of society, employment and the compe titiveness 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 and related infrastructure; the im pact of behavioural changes; the impact of fiscal policies; 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, including for healthcare professionals; the best available and most up -to-date scientific evidence, in particular findings reported by the WHO; the need to integrate air pollution related risks into investment and planning decisions; cost -effectiveness, the best available technological solutions and technological neutrality in achieving air pollutant emission reductions, and progression over time in environmental integrity and level of ambition.
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(8) This Directive contributes to the attainment of the UN Sustainable Development Goals (SDGs), in particular SDGs 3, 7, 10, 11 and 13. (9) The General Union Environment Action Programme to 2030 set out i n Decision (EU) 2022/591 of the European Parliament and of the Council7 (the ‘8th Environment Action Programme’) establishes, inter alia, the objective to achieve a toxic -free environment, and to protecting the health and well -being of people, animals and ecosystems from environment -related risks and negative impacts, and, for that purpose, stipulates, inter alia, that further improvement of monitoring methods, better international cooperation, better information to the public and access to justice are need ed. This guides the objectives set out in this Directive.
7 Decision (EU) 2022/591 of the Europ ean 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).
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(10) The Commission should regularly review the scientific evidence related to pollutants, their effects on human health and the environment , and, inter alia, the direct and indirect healthcare cos ts associated with air pollution, socio -economic impacts, environmental costs, and behavioural, fiscal and technological developments . Based on its review, the Commission should assess whether applicable air quality standards are still appropriate to achie ve the objectives of this Directive. The Commission should carry out the first review by 31 December 2030. When carrying out a review, the Commission should assess options and timelines for the alignment of air quality standards with the most recent WHO Ai r Quality Guidelines, whether air quality standards need to be updated in light of the latest scientific information , whether additional air pollutants should be covered and whether provisions on postponement of the attainment deadlines and transboundary a ir pollution should be amended. Following its review, the Commission should, where it deems it necessary, present a proposal to revise air quality standards or to cover other air pollutants. Where the Commission deems it necessary, it should also present p roposals to introduce or revise any relevant source legislation in order to contribute to achieving the proposed revised air quality standards at Union level and propose further actions to be taken at Union level . (11) A common approach to the assessment o f ambient air quality should be followed by applying common assessment criteria. When assessing ambient air quality, account should be taken of the size of populations and ecosystems exposed to air pollution. It is therefore appropriate to classify the ter ritory of each Member State into zones reflecting the population density and average exposure territorial units .
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(12) Fixed measurements should be mandatory in zones where assessment thresholds are exceeded. Modelling applications and indicative measureme nts, in addition to information from fixed measurements, enable point data to be interpreted in terms of geographical distribution of concentrations. The use of such supplementary techniques of assessment should also allow for reduction of the required min imum number of sampling points for fixed measurements in zones where limit values or target values are met but the assessment threshold is exceeded. In zones where limit values or target values are exceeded, from 2 years following the adoption of implement ing acts on modelling applications and on determining the spatial representativeness of sampling points, modelling applications or indicative measurements should be used in addition to mandatory fixed measurements to assess the ambient air quality. Additio nal monitoring of background concentrations and deposition of pollutants in ambient air should also be carried out to enable better understanding of pollution levels and dispersion. (13) Where applicable, modelling applications should be applied to enable point data to be interpreted in terms of geographical distribution of concentration of pollutants, which can help to detect breaches of air quality standards, and to inform air quality plans and air quality roadmaps and the placement of sampling points. In addition to the requirements for air quality monitoring laid down in this Directive, for monitoring purposes, Member States are encouraged to exploit information products and supplementary tools, such as by regular evaluation and quality assessment report s or policy online applications, provided by the Earth Observation component of the Union Space Programme, in particular the Copernicus Atmosphere Monitoring Service.
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(14) It is important that pollutants of emerging concern, such as ultrafine particles, b lack carbon and elemental carbon, as well as ammonia and the oxidative potential of particulate matter, be measured at monitoring supersites at both rural background locations and urban background locations in order to support scientific understanding of t heir effects on human health and the environment, as recommended by the WHO. For Member States whose territory is less than 10 000 km2 measuring at monitoring supersites at urban background locations would be sufficient. (15) Detailed measurements of fine particulate matter (PM 2,5) should be made in order to understand better the impacts of that pollutant and to develop appropriate policies. Such measurements should be made in a manner consistent with those of the cooperative programme for monitoring and ev aluation of the long range transmission of air pollutants in Europe (EMEP) set up under the 1979 United Nations Economic Commission for Europe (UNECE) Convention on Long -range Transboundary Air Pollution approved by Council Decision 81/462/EEC8and its Prot ocols, including the Protocol to Abate Acidification, Eutrophication and Ground -level Ozone of 1999, which was revised in 2012. (16) In order to ensure that the information collected on air pollution is sufficiently representative and comparable across the Union, it is important that standardised measurement techniques and common criteria for the number and location of sampling points are used for the assessment of ambient air quality. Techniques other than measurements can be used to assess ambient air qua lity and it is therefore necessary to define criteria for the use and required accuracy of such techniques.
8 Council Decision 81/462/EEC of 11 June 1981 on the conclusion of the Convention on long-range transboundary air pollut ion (OJ L 171, 27.6.1981, p. 11).
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(17) Providing reference measurement methods is acknowledged to be an important issue. The Commission has already mandated work on the preparation of EN standards for the measurement of polycyclic aromatic hydrocarbons and for the evaluation of the performance of sensor systems for the determination of concentrations of gaseous pollutants and particulate matter (PM 10 and PM 2,5) in ambient air with a view to their early development and adoption. In the absence of EN standard methods, the use of international standard reference measurement methods , national standard reference measurement methods or European Committee for Standardization (CEN) technical specifications should be permitted. (18) In order to protect human health and the environment as a whole, it is particularly important to combat emissions of pollutants at source and to identify and implement the most effective emission reduction measures at local, national and Union level, in particular as regards emissions from agriculture, industries, transport, heating and cooling systems and energy generation. Therefore, emissions of harmful air pollutants should be avoided, prevented or reduced and ap propriate air quality standards should be set on the basis of, inter alia, the most up -to-date scientific evidence, including WHO recommendations. (19) Scientific evidence shows that sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate mat ter (PM 10 and PM 2,5), benzene, carbon monoxide, arsenic, cadmium, lead, nickel, some polycyclic aromatic hydrocarbons and ozone are responsible for a number of significant negative effects on human health, and are linked to several non -communicable disease s, adverse health conditions and increased mortality. Impact on human health and the environment occurs via concentrations in ambient air and via deposition.
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(20) Even though air pollution is a universal health problem, the risks are not evenly distribute d amongst the population, with sensitive population and vulnerable groups at greater risk of harm than others. This Directive recognises the increased risks for, and specific needs of, sensitive population and vulnerable groups as regards air pollution and aims to inform and protect them. (21) According to the European Environment Agency Report No 22/2018 entitled ‘Unequal exposure and unequal impacts: social vulnerability to air pollution, noise and extreme temperatures in Europe’, the health of people of lower socio -economic status tends to be more affected by air pollution than the health of the general population, as a result of their both greater exposure and higher vulnerability. This Directive takes into account the social aspects of air pollution and the socio -economic impacts of measures taken. (22) The effects of arsenic, cadmium, lead, mercury, nickel and polycyclic aromatic hydrocarbons on human health, including via the food chain, and the environment, also occur via deposition. The accumulation of those substances in soils and the protection of ground water should be taken into account. (23) The average exposure of the population to the pollutants with the highest documented impact on human health, fine particulate matter (PM 2,5) and nitrogen dio xide, should be reduced based on the most up -to-date WHO recommendations. To that end, an average exposure reduction obligation should be introduced as a complementary air quality standard in addition to, but not as a substitute for, limit values.
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(24) The Fitness Check of the Ambient Air Quality Directives, covering Directives 2004/107/EC and 2008/50/EC, has shown that limit values are more effective in bringing down pollutant concentrations than other types of air quality standards, such as 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, particulat e matter (PM 10 and PM 2,5), benzene, carbon monoxide, arsenic, cadmium, lead, nickel and polycyclic aromatic hydrocarbons in ambient air. Benzo(a)pyrene should be used as a marker for the carcinogenic risk of polycyclic aromatic hydrocarbons in ambient air. (25) To allow Member States to prepare for the revised air quality standards set by this Directive and to ensure legal continuity, for an interim period limit values and target values should be identical to those set under the repealed Directives until th e new limit values apply. (26) Ozone is a transboundary pollutant formed in the atmosphere from the emission of primary pollutants. Some of those atmospheric pollutants are addressed by Directive (EU) 2016/2284 of the European Parliament and of the Council9. Ground -level ozone adversely affects not only human health but also vegetation and ecosystems. Progress towards the target values and long -term objectives for ozone set in this Directive should be determined by the targets and emission reduction commitm ents provided for in Directive (EU) 2016/2284 and by implementing cost -effective measures, air quality roadmaps and air quality plans where appropriate.
9 Directive (EU) 2016/2284 of the European Parliament and of the Council of 14 December 2016 on the reduction of national emissions of certain atmospheric pollutants, amending Directive 2003/35/EC and repealing Directive 2 001/81/EC (OJ L 344, 17.12.2016, p. 1).
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(27) The ozone target values and long -term objectives of ensuring effective protection against harmful effects on human health and vegetation and ecosystems from exposure to ozone should be updated in light of the most up -to-date scientific evidence, including WHO recommendations. (28) An alert threshold and an information threshold for sulphur dioxide, ni trogen dioxide, particulate matter (PM 10 and PM 2,5) and ozone should be set for the protection of the general population, and especially sensitive population and vulnerable groups, from brief exposures to elevated concentrations of pollutants. Those thresh olds should trigger the dissemination of information to the public on the associated health risks of exposure and the implementation, where applicable, of short -term measures to reduce pollution levels where the alert threshold is exceeded. (29) In accorda nce with Article 193 TFEU, Member States are able to maintain or introduce more stringent protective measures provided that they are compatible with the Treaties and that they are notified to the Commission. Such a notification can be accompanied by an explanation of the process of how those air quality standards have been established and the scientific information used. (30) Where air quality status is already good, it should be maintained or improved. Where the air quality standards laid down in this Dire ctive risk not being met, or have not been met, Member States should adopt appropriate measures in accordance with the relevant timelines established in this Directive in order to comply with the limit values, average exposure reduction obligations and cri tical levels and, where possible, to attain the target values and ozone long-term objectives.
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(31) Mercury is a very hazardous substance for human health and the environment. It is present throughout the environment and, in the form of methylmercury, has the capacity to accumulate in organisms, and in particular to concentrate in organisms higher up the food chain. Mercury released into the atmosphere is capable of being transported over long distances. (32) Regulation (EU) 2017/852 of the European Parliament and of the Council10 aims to protect human health and the environment from the release of mercury, based on a life -cycle approach, and taking into account production, use, waste treatment and emissions. Provisions on monitoring mercury in this Directive complement and provide information for that Regulation. (33) The risks posed by air pollution to vegetation and natural ecosystems are most important in places away from urban areas. The assessment of such risks and the compliance with critical levels for the protection of vege tation should therefore focus on places away from built-up areas. That assessment should take into account and complement requirements pursuant to Directive (EU) 2016/2284 to monitor the impacts of air pollution on terrestrial and aquatic ecosystems, and t o report such impacts.
10 Regulation (EU) 2017/852 of the European Parliament and of the Council of 17 May 2017 on mercury, and repealing Regulation (EC) No 1102/2008 (OJ L 137, 24.5.2017, p. 1).
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(34) Contributions from natural sources can be assessed but cannot be controlled. Therefore, where natural contributions to pollutants in ambient air can be determined with sufficient certainty, and where exceedances are due in whol e or in part to these natural contributions, these should be able to, under the conditions laid down in this Directive, be subtracted when assessing compliance with air quality limit values and average exposure reduction obligations. Contributions to excee dances of particulate matter (PM 10) limit values attributable to winter -sanding or winter -salting of roads should also be able to be subtracted when assessing compliance with air quality limit values provided that reasonable measures have been taken to low er concentrations. Subtractions of those contributions do not prevent Member States from taking action to reduce their health impact. (35) It is crucial to systematically monitor air quality in air pollution hotspots, including where the pollution level is strongly influenced by emissions from heavy -pollution sources that could expose individuals and population groups to elevated risks of adverse health effects. To that end, Member States should install sampling points in the air -pollution hotspots and take appropriate measures to minimise the impact of air pollution on human health in those hotspots.
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(36) For zones where conditions are particularly difficult, it should exceptionally be possible to postpone the deadline for compliance with the air quality l imit values in cases where, notwithstanding the implementation of appropriate pollution abatement measures, acute compliance problems exist in specific zones. Any postponement for a given zone should be accompanied by a comprehensive air quality roadmap to be assessed by the Commission. In such a case, the air quality roadmap should set out appropriate measures to keep the exceedance period as short as possible. Member States should also demonstrate that the measures in their air quality roadmaps have been implemented to ensure compliance. (37) Air quality plans should be developed and updated for zones or average exposure territorial units within which concentrations of pollutants in ambient air exceed the relevant air quality limit values, target values or average exposure reduction obligations. Air quality plans should also be developed and updated for ozone target values exceedances, except if there is no significant potential to reduce ozone concentrations under the given circumstances and the measures t o address the exceedances would entail disproportionate costs. (38) Air pollutants are emitted from many different sources and activities. To ensure coherence between different policies, air quality plans or air quality roadmaps should, where feasible, be consistent with plans and programmes prepared pursuant to Directives 2002/49/EC11 and 2010/75/EU12 of the European Parliament and of the Council and Directive (EU) 2016/2284.
11 Directive 2002/49/EC of the European Parli ament and of the Council of 25 June 2002 relating to the assessment and management of environmental noise (OJ L 189, 18.7.2002, p. 12.) 12 Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (OJ L 334, 17.12.2010, p. 17).
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(39) As established by the case law of the Court of Justice13, the fact that an air quality plan has been drawn up does not, in itself, mean that a Member State has nevertheless fulfilled its obligations to ensure that levels of air pollutants do not exceed the air quality standards established by this Directive. (40) Air quality roadmap s should be prepared ahead of 2030 where there is a risk that Member States will not attain the limit values or, where appropriate, target values by that date, in order to ensure that levels of pollutants are reduced accordingly. The air quality roadmap sh ould set out policies and measures in order to comply with those limit values and, where appropriate, target values by the attainment deadline. For the sake of legal clarity, and notwithstanding the specific terminology used, an air quality roadmap is a ty pe of air quality plan as defined in this Directive. (41) Short -term action plans should be established indicating the measures to be taken in the short term where there is a risk of an exceedance of one or more alert thresholds in order to reduce that ris k and to limit its duration. Member States should be able, in certain circumstances, to refrain from establishing such short -term action plans for ozone if there is no significant potential to reduce the risk, duration or severity of such an exceedance.
13 Judgment of the Court of Justice of 19 November 2014, ClientEarth v The Secretary of State for the Environment, Food and Rural Affairs , C-404/13, ECLI:EU:C:2014:2382, paragraph 49, and judgment of the Court of Justice of 10 November 2020, European Commission v Italian Republic , C-644/18, ECLI:EU:C:2020:895, paragraph 154.
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(42) Air pollution has no boundaries and is shared across the Union. In most Member States, a significant share of pollution is generated outside their territory. Where appropriate, Member States should cooperate with one another if, following significant p ollution originating in another Member State, the level of a pollutant exceeds, or is likely to exceed, any limit value, target value , average exposure reduction obligation or alert threshold. The transboundary nature of specific pollutants, such as ozone and particulate matter (PM 10 and PM 2,5), requires the Member States concerned to cooperate with each other in order to identify the sources of air pollution and the measures to be taken to address those sources and draw up coordinated activities, such as t he coordination of air quality plans and short -term action plans , in which each Member State should address pollution sources in its territory, in order to remove such exceedances, as well as to inform the public. Where appropriate, Member States should pu rsue cooperation with third countries, with particular emphasis on the early involvement of candidate countries. The Commission should be informed in a timely manner of, and be invited to be present and assist in , any such cooperation , and it should be abl e to provide technical support to Member States upon request where appropriate . (43) It is necessary for the Member States and the Commission to collect, exchange and disseminate air quality information in order to understand better the impacts of air pollution and develop appropriate policies. Up-to-date information, where available, on concentrations of all regulated pollutants in ambient air , information regarding impacts on health, as well as air quality plans , air quality roadmaps and short -term action plans should also be readily available to the public in a coherent and easily understandable manner .
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(44) In order to ensure broad public access to air quality information, that information should be made public using digital and, where relevant, non-digital communication channels. (45) Information on the concentrations and the deposition of the regulated pollutants should be forwarded to the Commission as a basis for regular reports. In order to facilitate the handling and comparison of air qualit y information, data should be made available to the Commission in a standardised form. (46) It is necessary to adapt procedures for data provision, assessment and reporting of air quality to enable electronic means and the Internet to be used as the main t ools to make information available, and so that such procedures are compatible with Directive 2007/2/EC of the European Parliament and of the Council14. (47) It is appropriate to provide for the possibility of adapting the criteria and techniques used for the assessment of the ambient air quality to scientific and technical progress and adapting thereto the information to be provided.
14 Directive 2007/2/EC of the European Parliament and the Council of 14 March 2007 establishing an Infrastruct ure for Spatial Information in the European Community (INSPIRE) (OJ L 108, 25.4.2007, p. 1).
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(48) As established by the case law of the Court of Justice15, Member States are not to restrict legal standing to challenge a decision of a public authority to those members of the public concerned who participated in the preceding administrative procedure to adopt that decision. In addition, any review procedure has to be fair, equitable, timely and not prohibitively expensive , and provide for adequate redress mechanisms, including injunctive relief as appropriate. Furthermore, in line with the case -law of the Court of Justice16 access to justice is, as a minimum, to be granted to the public concerned.
15 Judgment of the Court of Justice of 14 January 2021, LB and Others v College van burgemeester en wethouders van de gemeente Echt -Susteren , C–826/18, ECLI:EU:C:20 21:7, paragraphs 58 and 59. 16 Judgment of the Court of Justice of 25 July 2008, Dieter Janecek v Freistaat Bayern , C-237/07, ECLI:EU:C:2008:447, paragraph 42; judgment of the Court of Justice of 19 November 2014, Client Earth v The Secretary of State for the Environment, Food and Rural Affairs , C-404/13, ECLI:EU:C:2014:2382, paragraph 56; judgment of the Court of Justice of 26 June 2019, Lies Craeynest and Others v Brussels Hoofdstedelijk Gewest and Brussels Instituut voor Milieubeheer , C-723/17, ECLI:EU:C :2019:533, paragraph 56; and judgment of the Court of Justice of 19 December 2019, Deutsche Umwelthilfe eV v Freistaat Bayern , C-752/18, ECLI:EU:C:2019:1114, paragraph 56.
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(49) This Directive respe cts the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union (the ‘Charter’). Where damage to human health has occurred as a result of a violation of the national rules transposi ng Article 19(1) to (5) and Article 20(1) and (2) of this Directive, and that violation has been committed intentionally or negligently, Member States should ensure that the individuals affected by such violations have the right to claim and obtain compens ation for that damage from the relevant competent authority. The rules on compensation, access to justice and penalties laid down in this Directive have the objective to avoid, prevent and reduce harmful effects on human health and the environment from air pollution, in line with Article 191(1) TFEU. Those rules seek to integrate into the policies of the Union a high level of environmental protection and the improvement of the quality of the environment in accordance with the principle of sustainable develo pment as laid down in Article 37 of the Charter, and put into concrete terms the obligation to protect the right to life and to the integrity of the person and the right to healthcare laid down in Articles 2, 3 and 35 of the Charter. This Directive also co ntributes to the right to an effective remedy before a tribunal, as laid down in Article 47 of the Charter, in relation to the protection of human health. The penalties provided for in this Directive should be effective, proportionate and dissuasive.
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(50) In order to ensure uniform conditions for the implementation of this Directive, implementing powers should be conferred on the Commission as regards further technical details for modelling applications; for determining the spatial representativeness of sampling points; on the demonstration and subtraction of exceedances attributable to natural sources; for determination of contributions from the re -suspension of particulates following winter -sanding or winter -salting; on the requirements for projections pe rformed for the purposes of postponement of attainment deadlines and on information to be included in implementation reports; and on requirements for transmitting information and reporting on air quality as regards (i) the establishment of rules relating t o information on ambient air quality to be made available by Member States to the Commission as well as timescales in which that information is to be communicated and (ii) the streamlining of the way data are reported and the reciprocal exchange of informa tion and data from networks and individual sampling points measuring ambient air pollution within Member States. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council17.
17 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
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(51) In order to ensure that this Directive continues meeting its objectives, in particular to avoid, prevent and reduce harmful effects from ambient air quality on human health and the environment, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of amending Annexes III to VII, IX and X to this Directive to take account of technical and scientific developments regarding assessment of ambient air quality, measures to be considered for inclusion in the short -term action plans and public information. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law -Making18. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Memb er States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. (52) The obligation to transpose this Directive into national law should be confined to those provision s which represent a substantive amendment as compared to the earlier Directives. The obligation to transpose the provisions which are unchanged arises under the earlier Directives. (53) This Directive should be without prejudice to the obligations of the M ember States relating to the time -limits for the transposition into national law of the Directives set out in Part B of Annex XI to this Directive.
18 OJ L 123, 12.5.2016, p. 1.
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(54) Since the objective of this Directive, namely to set out air quality provisions with the aim to achiev e a zero -pollution objective, so that air quality within the Union is progressively improved to levels no longer considered harmful to human health, natural ecosystems or biodiversity, cannot be sufficiently achieved by the Member States by reason of the transboundary nature of air pollutants, but can rather, by reason of its scale and effects, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European U nion. In accordance with the principle of proportionality as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective, HAVE ADOPTED THIS DIRECTIVE:
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Chapter I General provisions Article 1 Objectives 1. This Directive sets out air quality provisions with the aim of achieving a zero -pollution objective, so that air quality within the Union is progressively improved to levels no longer considered harmful to human health, natural ecosystems and biodiversity , as defined by the best available and most up -to-date scientific evidence, thus contributing to a toxic -free environment at the latest by 2050. 2. This Directive lays down limit values, target values, average exposure reduction obligations, average exposu re concentration objectives, critical levels, alert thresholds, information thresholds and long -term objectives. Such air quality standards, which are set out in Annex I, shall be regularly reviewed in accordance with Article 3, in line with WHO recommenda tions. 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 well as enhanced synergies between the Union’s air quality pol icy and other relevant Union policies.
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Article 2 Subject matter This Directive lays down provisions in relation to the following: (1) defining and establishing objectives for ambient air quality designed to avoid, prevent or reduce harmful effects on huma n health and the environment; (2) setting common methods and criteria to assess the ambient air quality in Member States; (3) monitoring current ambient air quality and long -term trends as well as impacts of Union and national measures on ambient air quali ty; (4) ensuring that information on ambient air quality is comparable across the Union and made available to the public; (5) maintaining air quality where it is good and improving it in other cases; (6) promoting increased cooperation between Member State s and their competent authorities and bodies in reducing air pollution.
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Article 3 Regular review 1. By 31 December 2030 and every 5 years thereafter, and more often if substantial new scientific findings, such as revised WHO Air Quality Guidelines, 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 objectives set out in Article 1 and present a report with the main findings to the European Parliament and to the Council. 2. The review referred to in paragraph 1 shall assess whether applicable air quality standards continue to be appropriate to achieve the objective of avoiding, preventing or reducing harmful effects on human hea lth and the environment and whether additional air pollutants should be covered. In order to achieve the objectives set out in Article 1, the review shall assess options and timelines for the alignment of air quality standards with the most recent WHO Air Quality Guidelines and the most up -to-date scientific evidence. The review shall also assess all other provisions of this Directive, including those on postponement of the attainment deadlines and on transboundary air pollution, and furthermore, it shall a ssess the most up -to-date scientific evidence, including, where applicable, on air pollutants measured at the monitoring supersites referred to in Article 10 but currently not included in Annex I.
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For the purposes of the review, the Commission shall take into account, inter alia, the following: (a) the latest scientific information from relevant Union bodies, international organisations, such as the WHO and the UNECE Convention on Long -range Transboundary Air Pollution, and other relevant scientific organi sations; (b) behavioural changes, fiscal policies and technological developments impacting air quality and its assessment; (c) air quality situations and associated impacts on human health and the environment, including the effects of ozone on vegetation, in Member States; (d) direct and indirect healthcare and environmental costs associated with air pollution; (e) the nature and socio -economic impacts of complementary actions to be implemented to achieve new objectives as well as a cost -benefit analysis of these actions; (f) progress made in implementing national and Union reduction measures for pollutants and improving air quality; (g) relevant source legislation at Union level for sectors and activities that contribute to air pollution, including progress made in implementing such legislation; (h) relevant information submitted for the purposes of the review to the Commission by Member States; (i) the introduction by individual Member States of more stringent air quality standards in accordance with Articl e 193 TFEU.
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3. The European Environment Agency shall assist the Commission in carrying out the review. 4. Where the Commission deems it necessary, as a result of the review, it shall present a proposal to revise air quality standards or to cover other air pollutants. Furthermore, where the Commission deems it necessary, it shall present proposals to introduce or revise any relevant source legislation in order to contribute to achieving the proposed revised air quality standards at Union level. 5. If the Co mmission identifies during the review that further measures are needed to achieve applicable air quality standards in a significant area of the Union territory, the Commission may propose further action to be taken at Union level. Article 4 Definitions For the purposes of this Directive, the following definitions apply: (1) ‘ambient air’ means outdoor air in the troposphere, excluding workplaces as defined in Article 2 of Council Directive 89/654/EEC19 where provisions concerning health and safety at work ap ply and to which members of the public do not have regular access; (2) ‘air quality standards’ means limit values, target values, average exposure reduction obligations, average exposure concentration objectives, critical levels, alert thresholds, informat ion thresholds and long -term objectives;
19 Council Directive 89/654/EEC of 30 N ovember 1989 concerning the minimum safety and health requirements for the workplace (first individual directive within the meaning of Article 16(1) of Directive 89/391/EEC) (OJ L 393, 30.12.1989, p. 1).
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(3) ‘pollutant’ means any substance present in ambient air and likely to have harmful effects on human health or the environment; (4) ‘level’ means the concentration of a pollutant in ambient air or the deposition thereof on surfaces in a given time; (5) ‘total deposition’ means the total mass of pollutants which is transferred from the atmosphere to surfaces, such as soil, vegetation, water or buildings, in a given area within a given time; (6) ‘PM 10’ means particu late matter which passes through a size -selective inlet as defined in the reference method for the sampling and measurement of PM 10, EN 12341, with a 50 % efficiency cut -off at 10 μm aerodynamic diameter; (7) ‘PM 2,5’ means particulate matter which passes t hrough a size -selective inlet as defined in the reference method for the sampling and measurement of PM 2,5, EN 12341, with a 50 % efficiency cut -off at 2,5 μm aerodynamic diameter; (8) ‘oxides of nitrogen’ means the sum of the volume mixing ratio (ppbv) of nitrogen monoxide (nitric oxide) and nitrogen dioxide expressed in units of mass concentration of nitrogen dioxide (μg/m3); (9) ‘arsenic’, ‘cadmium’, ‘ lead’, ‘ nickel’ and ‘benzo(a)pyrene’ mean the total content of these elements and compounds in the PM 10 fraction; (10) ‘polycyclic aromatic hydrocarbons’ means those organic compounds, composed of at least two fused aromatic rings made entirely from carbon and hydrogen;
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(11) ‘total gaseous mercury’ means elemental mercury vapour (Hg0) and reactive gaseous mercury, i.e. water -soluble mercury species with sufficiently high vapour pressure to exist in the gas phase; (12) ‘volatile organic compounds’ or ‘VOC’ means organic compounds from anthropogenic and biogenic sources, other than methane, that are capable of producing photochemical oxidants by reactions with nitrogen oxides in the presence of sunlight; (13) ‘ozone precursor substances’ means substances which contribute to the formation of ground -level ozone; (14) ‘black carbon’ or ‘BC’ means carbonaceous aero sols measured by light absorption; (15) ‘ultrafine particles’ or ‘UFP’ means particles with a diameter less than or equal to 100 nm, where UFP are measured as the particle number concentrations per cubic centimetre for a size range with a lower limit of 10 nm and for a size range with no restriction on the upper limit; (16) ‘oxidative potential of particulate matter’ means a measure of the capacity of particulate matter to oxidise potential target molecules; (17) ‘zone’ means part of the territory of a Memb er State, as delimited by that Member State for the purposes of air quality assessment and management;
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(18) ‘average exposure territorial unit’ means a part of the territory of a Member State designated by that Member State for the purposes of determining the average exposure indicator, corresponding to a NUTS 1 or NUTS 2 region as set out in Regulation (EC) No 1059/2003 of the European Parliament and of the Council20 or a combination of two or more adjacent NUTS 1 or NUTS 2 regions, provided that their total combined size is smaller than the entire territory of that Member State and not larger than 85 000 km²; (19) ‘agglomeration’ means a conurbation with a population in excess of 250 000 inhabitants or, where the population is 250 000 inhabitants or fewer, with a given population density per km2 to be established by the Member States; (20) ‘assessment’ means any method used to measure, calculate, predict or estimate l evels; (21) ‘assessment threshold’ means the level that determines the required assessment regime to be used to assess ambient air quality; (22) ‘fixed measurements’ means measurements taken at sampling points, either continuously or by random sampling, at constant locations for at least 1 calendar year to determine the levels in accordance with the relevant data quality objectives; (23) ‘indicative measurements’ means measurements, taken either at regular intervals during a calendar year or by random sampling, to determine the levels in accordance with data quality objectives that are less strict than those required for fixed measurements;
20 Regulation (EC) No 1059/2003 of the European Parli ament 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).
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(24) ‘modelling application’ means application of a modelling system, understood as a chain of models and submode ls, including all necessary input data, and any post -processing; (25) ‘objective estimation’ means information on the concentration or deposition level of a specific pollutant obtained through expert analysis and which can include use of statistical tools; (26) ‘spatial representativeness’ means an assessment approach whereby the air quality metrics observed at a sampling point are representative for an explicitly delineated geographical area to the extent that air quality metrics within that area do not di ffer from the metrics observed at the sampling point by more than a pre -defined tolerance level; (27) ‘air pollution hotspots’ means locations within a zone with the highest concentrations to which the population is likely to be directly or indirectly expo sed for a period which is significant in relation to the averaging period of the limit values or target values, including where the pollution level is strongly influenced by the emissions from heavy pollution sources, such as nearby congested and heavily t rafficked roads, a single industrial source or an industrial area with many sources, ports, airports, intensive residential heating, or a combination thereof; (28) ‘urban background locations’ means places in urban and suburban areas where levels are repre sentative of the exposure of the general urban population; (29) ‘rural background locations’ means places in rural areas with low population density where levels are representative of the exposure of the general rural population, vegetation and natural eco systems;
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(30) ‘monitoring supersite’ means a monitoring station at an urban background location or rural background location that combines multiple sampling points to gather long -term data on several pollutants; (31) ‘limit value’ means a level which is f ixed on the basis of scientific knowledge, with the aim of avoiding, preventing or reducing harmful effects on human health or the environment , and which is to be attained within a given period and not to be exceeded once attained ; (32) ‘target value’ mean s a level fixed on the basis of scientific knowledge, with the aim of avoiding, preventing or reducing harmful effects on human health or the environment, to be attained where possible over a given period; (33) ‘average exposure indicator’ or ‘AEI’ means a n average level determined on the basis of measurements at urban background locations throughout the average exposure territorial unit or, if there is no urban area located in that territorial unit, at rural background locations, and which reflects populat ion exposure, used to check whether the average exposure reduction obligation and the average exposure concentration objective for that territorial unit have been met; (34) ‘average exposure reduction obligation’ means a percentage reduction of the average exposure of the population, expressed as an average exposure indicator, of an average exposure territorial unit, set with the aim of reducing harmful effects on human health, to be attained over a given period and not to be exceeded once attained;
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(35) ‘average exposure concentration objective’ means a level of the average exposure indicator to be attained, with the aim of reducing harmful effects on human health; (36) ‘critical level’ means a level above which direct adverse effects can occur on some receptors, such as trees, other plants or natural ecosystems but not on humans; (37) ‘alert threshold’ means a level beyond which there is a risk to human health from brief exposure for the population as a whole and at which immediate steps are to be taken by Member States; (38) ‘information threshold’ means a level beyond which there is a risk to human health from brief exposure for particularly sensitive population and vulnerable groups and for which immediate and appropriate information is necessary; (39) ‘long-term objective’ means a level to be attained in the long -term, save where not achievable through proportionate measures, with the aim of providing effective protection of human health and the environment; (40) ‘contributions from natural sources’ mean s 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; (41) ‘air quality plan’ means a plan that sets out policies and measures in order to comply with limit values, target values or average exposure reduction obligations once these have been exceeded ;
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(42) ‘air quality roadmap’ means an air quality plan, adopted ahead of the attainment deadline of limit values and target values, that sets out policies and measures in order to comply with those limit values and target values within the attainment deadline; (43) ‘short -term action plan’ means a plan that sets out emergency measures to be taken in the short term to reduce the immediate risk or the duration of the exceedance of the alert thresholds; (44) ‘sensitive population and vulnerable groups’ means those po pulation groups that are permanently or temporarily more sensitive or more vulnerable to the effects of air pollution than the average population, because of specific characteristics that make the health effects of exposure more significant or because they have a higher sensitivity or a lower threshold for health effects or have a reduced ability to protect themselves; (45) ‘the public concerned’ means one or more natural or legal persons affected or likely to be affected by, or having an interest in, the d ecision -making procedures related to the implementation of Article 9, 19 or 20; for the purposes of this definition, non-governmental organisations promoting the protection of human health or the environment and meeting any requirements under national law shall be deemed to have an interest.
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Article 5 Responsibilities Member States shall designate at the appropriate levels the competent authorities and bodies responsible for the following: (a) assessment of ambient air quality, including ensuring an adequa te functioning and maintenance of the monitoring network; (b) approval of measurement systems (methods, equipment, networks and laboratories); (c) ensuring the accuracy of measurements and the transfer and sharing of measurement data; (d) promoting the accuracy of modelling applications; (e) analysis of assessment methods; (f) coordination on their territory if Union -wide quality assurance programmes are being organised by the Commission; (g) cooperation with the other Member States and the Commission, i ncluding on transboundary air pollution; (h) establishment of air quality plans and air quality roadmaps; (i) establishment of short -term action plans; (j) provision and maintenance of an air quality index and other relevant public information as specified in Annex X.
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Article 6 Establishment of zones and average exposure territorial units Member States shall establish zones and average exposure territorial units throughout their territory, including, where appropriate for the purposes of air quality assess ment and management, at the level of agglomerations. Air quality assessment and air quality management shall be carried out in all zones and average exposure territorial units. Chapter II Assessment of ambient air quality and deposition rates Article 7 Assessment regime 1. The assessment thresholds specified in Annex II shall apply to sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter (PM 10 and PM 2,5), benzene, carbon monoxide, arsenic, cadmium, lead, nickel, benzo(a)pyrene and ozo ne in ambient air. Each zone shall be classified in relation to those assessment thresholds.
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2. Member States shall review the classification referred to in paragraph 1 at least every 5 years in accordance with the procedure laid down in paragraph 3. Howe ver, classifications shall be reviewed more frequently in the event of significant changes in activities impacting the ambient concentrations of sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter (PM 10 and PM 2,5), benzene, carbon monoxide, arsenic, cadmium, lead, nickel, benzo(a)pyrene or ozone. 3. Exceedances of the assessment thresholds specified in Annex II shall be determined on the basis of concentrations during the previous 5 years where sufficient data are available. An assessment threshold shall be deemed to have been exceeded if it has been exceeded during at least 3 separate years out of those previous 5 years. Where data are available for less than 5 years, Member States may combine measurement campaigns of short duration during the period of the year and at locations likely to be typical of the highest pollution levels, with information from emission inventories and results obtained from modelling applications to determine exceedances of the assessment thresholds. Article 8 Assessment criteria 1. Member States shall assess ambient air quality with respect to the pollutants referred to in Article 7 in all their zones, in accordance with the criteria laid down in paragraphs 2 to 6 of this Article and in accordance with Annex IV.
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2. In all zones classified as above the assessment thresholds established for the pollutants referred to in Article 7, fixed measurements shall be used to assess the ambient air quality. Those fixed measurements may be supplemented by modelling appli cations or indicative measurements to assess air quality and to provide adequate information on the spatial distribution of air pollutants and on the spatial representativeness of fixed measurements. 3. From 2 years following the adoption of the implementi ng acts referred to in paragraph 7 of this Article, modelling applications or indicative measurements shall be used in addition to fixed measurements to assess the ambient air quality in all zones where the level of pollutants exceeds a relevant limit valu e or target value set out in Annex I. The modelling applications or indicative measurements referred to in the first subparagraph shall provide information on the spatial distribution of pollutants. Where modelling applications are used, they shall also pr ovide information on the spatial representativeness of fixed measurements and they shall be carried out as often as appropriate but at least every 5 years. 4. In all zones classified as below the assessment thresholds established for the pollutants referre d to in Article 7, modelling applications, indicative measurements, objective estimations or a combination thereof shall be sufficient for the assessment of the ambient air quality. 5. The results of modelling applications used in accordance with paragraph 3 or 4 of this Article or Article 9(3), or of indicative measurements shall be taken into account for the purpose of assessing air quality with respect to the limit values and target values.
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If fixed measurements with an area of spatial representativenes s covering the area of exceedance calculated by the modelling application are available, a Member State may choose not to report the modelled exceedance as an exceedance of the relevant limit values and target values. 6. If modelling applications used in a ccordance with paragraphs 3 or 4 show an exceedance of any limit value or target value in an area of the zone that is not covered by fixed measurements and their area of spatial representativeness, at least one additional fixed or indicative measurement ma y be used at possible additional air pollution hotspots in the zone as identified by the modelling application. If modelling applications used in accordance with Article 9(3) show an exceedance of any limit value or target value in an area of the zone that is not covered by fixed measurements and their area of spatial representativeness, at least one additional fixed or indicative measurement shall be used at possible additional air pollution hotspots in the zone as identified by the modelling application. Where additional fixed measurements are used, those measurements shall be established within 2 calendar years after the exceedance was modelled. Where additional indicative measurements are used, those measurements shall be established within 1 calendar ye ar after the exceedance was modelled. The measurements shall cover at least 1 calendar year in accordance with the minimum data coverage requirements set out in Point B of Annex V, to assess the concentration level of the relevant pollutant.
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Where a Membe r State chooses not to conduct any additional fixed or indicative measurements, the exceedance shown by modelling applications shall be used for air quality assessment. 7. By … [18 months from the date of entry into force of this Directive], the Commission shall provide, by means of implementing acts, further technical details for: (a) modelling applications, including how results from modelling applications and indicative measurements shall be taken into account when assessing air quality and how potential exceedances that are identified by those assessment methods can be verified; (b) determining the spatial representativeness of sampling points. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 26 (2). 8. The use of bio indicators shall be considered where regional patterns of the impact on ecosystems are to be assessed, including in accordance with the monitoring undertaken under Directive (EU) 2016/2284.
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Article 9 Sampling points 1. The location of sampling points for the measurement of sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter (PM 10 and PM 2,5), benzene, carbon monoxide, arsenic, cadmium, lead, nickel, benzo(a)pyrene and ozone in ambient air shall be determined i n accordance with Annex IV. 2. In each zone where the level of pollutants exceeds the assessment threshold specified in Annex II, the number of sampling points for each pollutant shall not be less than the minimum number of sampling points specified in Poi nts A and C of Annex III. 3. For zones where the level of pollutants exceeds the relevant assessment threshold specified in Annex II, but not the respective limit values, target values and critical levels specified in Annex I, the minimum number of samplin g points for fixed measurements may be reduced by up to 50 %, in accordance with Points A and C of Annex III, provided that the following conditions are met: (a) indicative measurements or modelling applications provide sufficient information for the asses sment of air quality with regard to limit values, target values, critical levels, alert thresholds and information thresholds, as well as adequate information for the public, in addition to the information provided by the sampling points for fixed measurem ents;
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(b) the number of sampling points to be installed and the spatial resolution of indicative measurements and modelling applications are sufficient for the concentration of the relevant pollutant to be established in accordance with the data quality o bjectives specified in Points A and B of Annex V and enable assessment results to meet the requirements set out in Point E of Annex V; (c) the number of indicative measurements, if used to meet the requirements of this paragraph, is at least the same as th e number of fixed measurements that are being replaced and the indicative measurements are evenly distributed over the calendar year; (d) for ozone, nitrogen dioxide is measured at all remaining sampling points measuring ozone except at rural background lo cations for ozone assessment as referred to in Point B of Annex IV. 4. One or more sampling points adapted to the monitoring objective set out in Section 3, Point A, of Annex VII, shall be installed in a Member State’s territory to supply data on concentra tions of the ozone precursor substances listed in Point B of that Section at locations determined in accordance with Point C of that Section. 5. Nitrogen dioxide shall be measured at a minimum of 50 % of the ozone sampling points required under Point A, Ta ble 2, of Annex III. That measurement shall be continuous, except at rural background locations, as referred to in Point B of Annex IV, where other measurement methods may be used.
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6. Each Member State shall, in accordance with Annex IV, ensure that the d istribution of sampling points used for the calculation of the average exposure indicators for PM 2,5 and nitrogen dioxide reflect the general population exposure adequately. The number of sampling points shall be no less than that determined by application of Point B of Annex III. 7. Sampling points at which exceedances of a relevant limit value or targe t value specified in Section 1 of Annex I were recorded within the previous 3 years shall not be relocated, unless a relocation is necessary due to special circumstances, including spatial development. Relocation of such sampling points shall be supported by modelling applications or indicative measurements and shall, wherever possible, ensure continuity of measurements and be done within their area of spatial representativeness. A detailed justification of any relocation of such sampling points shall be fu lly documented in accordance with the requirements set out in Point D of Annex IV. 8. To assess the contribution of benzo(a)pyrene in ambient air, each Member State shall monitor other relevant polycyclic aromatic hydrocarbons at a limited number of sampli ng points. Those polycyclic aromatic hydrocarbons shall include at least: benzo(a)anthracene, benzo(b)fluoranthene, benzo(j)fluoranthene, benzo(k)fluoranthene, indeno(1,2,3 -cd)pyrene, and dibenz(a,h)anthracene. Sampling points for those polycyclic aromatic hydrocarbons shall be co -located with sampling points for benzo(a)pyrene and shall be selected in such a way that geographical variation and long -term trends can be identified.
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9. In addition to the monitoring required under Article 10, Member States sha ll monitor ultrafine particles levels in accordance with Point D of Annex III and Section 4 of Annex VII. Monitoring of black carbon concentrations may be undertaken at the same locations. Article 10 Monitoring supersites 1. Each Member State shall establi sh at least one monitoring supersite per 10 million inhabitants at an urban background location. Member States that have fewer than 10 million inhabitants shall establish at least one monitoring supersite at an urban background location. Member States whos e territory is more than 10 000 km2, but not more than 100 000 km2, shall establish at least one monitoring supersite at a rural background location. Each Member State whose territory is more than 100 000 km2 shall establish at least one monitoring supersi te per 100 000 km2 at a rural background location. 2. The siting of monitoring supersites shall be determined for urban background locations and rural background locations in accordance with Point B of Annex IV. 3. All sampling points that meet the requirements laid down in Points B and C of Annex IV and which are installed at monitoring supersites may be taken into account for the purpose of meeting the requirements on the minimum number of sampling points for the relevant pollutants as specified in Annex III.
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4. A Member State may establish, with one or more neighbouring Member States, one or more joint monitoring supersites to meet the requirements set out in paragraph 1. This does not affect the obligation of each Member State to establish at lea st one monitoring supersite at an urban background location and the obligation of each Member State whose territory is more than 10 000 km2 to establish at least one monitoring supersite at a rural background location. 5. Measurements at monitoring supersi tes at urban background locations and rural background locations shall include the pollutants listed in Section 1, Tables 1 and 2, of Annex VII and may also include the pollutants listed in Table 3 of that Section. 6. A Member State may choose not to measu re black carbon, ultrafine particles or ammonia in half of its monitoring supersites at rural background locations if the number of its monitoring supersites at rural background locations exceeds the number of its monitoring supersites at urban background locations by at least a ratio of 2:1, as long as the selection of its monitoring supersites is representative for those pollutants. 7. Where appropriate, monitoring shall be coordinated with the monitoring strategy and measurement programme of EMEP, the Ae rosol, Clouds and Trace Gases Research Infrastructure (ACTRIS), and the monitoring of air pollution impacts undertaken pursuant to Directive (EU) 2016/2284.
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Article 11 Reference measurement methods, modelling applications and data quality objectives 1. Member States shall apply the reference measurement methods specified in Points A and C of Annex VI. However, other measurement methods may be used subject to the conditions set out in Points B, C and D of Annex VI. 2. Member States shall apply air quality m odelling applications subject to the conditions set out in Point E of Annex VI. 3. Air quality assessment data shall meet the data quality objectives laid down in Annex V. Chapter III Ambient air quality management Article 12 Requirements where levels are lower than the limit values, target values and average exposure concentration objectives 1. In zones where the levels of pollutants in ambient air are below the respective limit values specified in Section 1 of Annex I, Member States shall maintain the le vels of those pollutants below the limit values.
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2. In zones in which the levels of pollutants in ambient air are below the respective target values specified in Sections 1 and 2 of Annex I, Member States shall take the necessary measures not entailing di sproportionate costs to maintain those levels below the target values. Member States shall endeavour to attain the long -term objectives for ozone specified in Section 2 of Annex I, and, once attained, shall endeavour to maintain the ozone levels below thos e long -term objectives in so far as factors including the transboundary nature of ozone pollution, volatile organic compounds from biogenic sources and meteorological conditions so permit, and provided that any necessary measures do not entail disproportio nate costs. 3. In average exposure territorial units where the average exposure indicators for PM 2,5 and NO 2 are below the respective value of the average exposure concentration objectives for those pollutants as laid down in Section 5 of Annex I, Member S tates shall maintain the levels of those pollutants below the average exposure concentration objectives. 4. Member States shall endeavour to achieve and preserve the best ambient air quality and a high level of protection of human health and the environmen t, with the aim of achieving a zero-pollution objective as referred to in Article 1(1), in line with WHO recommendations, and below the assessment thresholds laid down in Annex II.
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Article 13 Limit values, target values and average exposure reduction obli gations 1. Member States shall ensure that, throughout their zones, levels of pollutants in ambient air do not exceed the respective limit values laid down in Section 1 of Annex I. 2. Member States shall ensure, by taking all necessary measures not entaili ng disproportionate costs, that levels of pollutants throughout their zones do not exceed the respective target values laid down in Sections 1 and 2 of Annex I. 3. Member States shall ensure that the average exposure reduction obligations for PM 2,5 and NO 2 laid down in Section 5, Point B, of Annex I, are met throughout their average exposure territorial units, where they exceed the average exposure concentration objectives set out in Section 5, Point C, of Annex I. 4. Compliance with paragraphs 1, 2 and 3 o f this Article shall be assessed in accordance with Annex IV. 5. The average exposure indicators shall be assessed in accordance with Section 5, Point A, of Annex I. 6. The deadline for attaining the limit values laid down in Section 1, Table 1, of Annex I may be postponed in accordance with Article 18.
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7. Member States may maintain or introduce more stringent protective measures, including air quality standards that are more stringent than those referred to in this Article, in accordance with Article 193 TFEU. Member States shall notify such measures to the Commission within 3 months of their adoption. Article 14 Critical levels for the protection of vegetation and natural ecosystems Member States shall ensure compliance with the critical levels specified in Section 3 of Annex I as assessed in accordance with Point A, point 1, and Point B, point 3, of Annex IV. Article 15 Exceedances of alert thresholds or information thresholds 1. The alert thresholds for concentrations of sulphur dioxide, nitrogen dioxide , particulate matter (PM 10 and PM 2,5) and ozone in ambient air shall be those laid down in Section 4, Point A, of Annex I. 2. The information thresholds for concentrations of sulphur dioxide, nitrogen dioxide, particulate matter (PM 10 and PM 2,5) and ozone shall be those laid down in Section 4, Point B, of Annex I.
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3. Where any alert threshold laid down in Section 4, Point A, of Annex I is exceeded, or, where appropriate, if it is predicted to be exceeded based on modelling applications or other forecasting tools, Member States shall, where applicable, implement without undue delay the emergency measures indicated in the short -term action plans established pursuant to Article 20. 4. Where any alert threshold or any information threshold laid down in Section 4 of Annex I is exceeded, or, where appropriate, if it is predicted to be exceeded based on modelling applications or other forecasting tools, Member States shall take the necessary steps to inform the public within the shortest possible timeframe and as f ar as possible within a few hours, in accordance with points 2 and 3 of Annex X, making use of different media and communication channels and ensuring broad public access. 5. Member States may maintain or introduce more stringent protective measures, inclu ding alert thresholds or information thresholds that are more stringent than those referred to in this Article, in accordance with Article 193 TFEU. Member States shall notify such measures to the Commission within 3 months of their adoption. Article 16 Contributions from natural sources 1. Member States may, for a given year, identify: (a) zones where exceedances of limit values for a given pollutant are attributable to natural sources; and
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(b) average exposure territorial units, where exceedances of the level determined by the average exposure reduction obligations are attributable to natural sources. 2. Member States shall provide the Commission with lists of any such zones and average exposure territorial units, as referred to in paragraph 1, together w ith information on concentrations and sources and the evidence demonstrating that the exceedances are attributable to natural sources. 3. Where the Commission has been informed of an exceedance attributable to natural sources in accordance with paragraph 2 , that exceedance shall not be considered as an exceedance for the purposes of this Directive. If the Commission considers that the evidence provided by a Member State is not sufficient, it shall inform that Member State that the exceedance is not consider ed to be attributable to natural sources until that Member State provides appropriate additional information. 4. By 31 December 2026, the Commission shall provide, by means of implementing acts, technical details on the demonstration and subtraction of exc eedances attributable to natural sources. Such technical details shall specify the content of the evidence to be provided by Member States pursuant to paragraph 2. Those implementing acts shall be adopted in accordance with the examination procedure referr ed to in Article 26(2).
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Article 17 Exceedances attributable to winter -sanding or winter -salting of roads 1. Member States may, for a given year, identify zones within which limit values for PM 10 are exceeded in ambient air due to the re -suspension of part iculates following winter -sanding or winter -salting of roads. 2. Member States shall provide the Commission with lists of any such zones, as referred to in paragraph 1, together with information on concentrations and sources of PM 10 in such zones. Member States shall also provide the evidence demonstrating that any exceedances are due to re-suspended particulates and that reasonable measures have been taken to lower such concentrations. 3. Without prejudice to Article 16, in the case of zones referred to i n paragraph 1 of this Article, Member States need to establish the air quality plan provided for in Article 19 only in so far as exceedances are attributable to PM 10 sources other than winter -sanding or winter -salting of roads. 4. By 31 December 2026, the Commission shall provide, by means of implementing acts, technical details for the methodology for determining contributions from the re -suspension of particulates following winter -sanding or winter -salting of roads, as well as the information to be provid ed by Member States pursuant to paragraph 2, which shall include information on the contribution of re ‑suspension to daily concentration levels where applicable.
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Those implementing acts shall be adopted in accordance with the examination procedure referre d to in Article 26(2). Article 18 Postponement of attainment deadline and exemption from the obligation to apply certain limit values 1. Where, in a given zone, conformity with the limit values for particulate matter (PM 10 and PM 2,5), nitrogen dioxide, be nzene or benzo(a)pyrene cannot be achieved by the deadline specified in Section 1, Table 1, of Annex I, Member States may postpone that deadline for that particular zone by a period justified by an air quality roadmap and provided that the conditions set o ut in paragraph 2 of this Article are met: (a) up to 1 January 2040, if justified by site -specific dispersion characteristics, orographic boundary conditions, adverse climatic conditions, transboundary contributions, or where the necessary reductions can o nly be achieved by replacing a considerable fraction of the existing domestic heating systems that are the source of pollution causing exceedances; or (b) up to 1 January 2035, if justified by projections that demonstrate that even taking into account the expected impact of effective air pollution measures identified in the air quality roadmap, the limit values cannot be attained by the attainment deadline.
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Where an attainment deadline has been postponed in accordance with the first subparagraph, point (b), of this paragraph, but attainment cannot be achieved by that postponed deadline, Member States may postpone the deadline for that particular zone for a second and last time by a period which is no longer than 2 years from the end of the first postpone ment period and which is justified by an updated air quality roadmap, provided that the conditions set out in paragraph 2 are met. 2. Member States may postpone an attainment deadline in accordance with paragraph 1 of this Article if the following conditio ns are met: (a) an air quality roadmap is established by 31 December 2028 that meets the requirements listed in Article 19(6), (7) and (8) for the zone to which the postponement would apply; (b) the air quality roadmap referred to in point (a) of this para graph is supplemented by information on air pollution abatement measures listed in Point B of Annex VIII and demonstrates how exceedance periods above the limit values will be kept as short as possible; (c) the air quality roadmap referred to in point (a) of this paragraph is underpinned by air quality projections, including those performed for the purposes of Point A, point 5 and point 7(e), of Annex VIII, which show how the limit values will be attained as soon as possible and no later than by the end of the postponed attainment deadline, taking into account reasonable and proportionate measures;
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(d) the air quality roadmap referred to in point (a) of this paragraph outlines how the public and, in particular, sensitive population and vulnerable groups wil l be informed in a coherent and easily understandable manner about the consequences of the postponement for human health and the environment; (e) the air quality roadmap referred to in point (a) of this paragraph outlines how additional funding, including via relevant national programmes, and Union funding programmes where applicable, will be mobilised to accelerate the improvement of air quality in the zone to which the postponement would apply; (f) the conditions laid down in paragraph 3 are fulfilled thr oughout the period of postponement of the attainment deadline; (g) where an attainment deadline is postponed in accordance with paragraph 1, second subparagraph, the updated air quality roadmap referred to in that subparagraph demonstrates that the first a ir quality roadmap has been implemented or that steps have been taken in view of its implementation and is supplemented by an analysis showing that the original projections of compliance made in accordance with point (c) of this paragraph did not materiali se.
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3. During the period of postponement of an attainment deadline in accordance with paragraph 1 of this Article, the Member State shall ensure that the following conditions are met: (a) the measures in the air quality roadmap referred to in paragraph 1 of this Article, where applicable as updated in accordance with point (b) of this paragraph, are being implemented, as demonstrated by the Member State by way of an implementation report, including updated projections of emissions and, where possible, of concentrations provided to the Commission on a two -and-a-half yearly basis and for the first time by 30 June 2031; where relevant, reference may be made to the most recent programmes and projections of emissions reported pursuant to Directive (EU) 2016/2284 and the accompanying informative inventory report and, where relevant, the implementation report may be integrated in the updated air quality roadmap; (b) the air quality roadmap referred to in paragraph 1 of this Article is updated in accordance with Art icle 19(5); (c) from 1 January 2035, the concentration levels for the relevant pollutant show a general decreasing trend in line with an indicative trajectory towards compliance estimated in an updated air quality roadmap established pursuant to Point A, point 7(e), of Annex VIII; (d) the implementation reports and the updated air quality roadmaps are communicated to the Commission within 2 months of their adoption.
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4. Member States shall notify the Commission no later than 31 January 2029 where, in their view, paragraph 1, first subparagraph, point (a) or (b), is applicable, and shall communicate the air quality roadmap referred to in paragraph 1 and all relevant information necessary for the Commission to assess whether the invoked reason for postponement and the conditions set out in that paragraph are satisfied. Member States shall notify the Commission no later than 31 January 2034 where, in their view, attainment cannot be achieved by an attainment deadline postponed in accordance with paragraph 1, sec ond subparagraph, and shall communicate the updated air quality roadmap referred to in paragraph 1 and all relevant information necessary for the Commission to assess whether the invoked reason for a second and last postponement and the conditions set out in that paragraph are satisfied. As regards the projections provided as a reason for postponement, Member States shall justify the methods as well as the data used to obtain those projections. In its assessment, the Commission shall take into account air q uality projections provided by the Member State concerned, the estimated effects on ambient air quality in that Member State of measures that have been taken by that Member State as well as estimated effects on ambient air quality of Union measures. Where the Commission has raised no objections within 9 months of receipt of that notification, the relevant conditions for the application of paragraph 1 shall be deemed to be satisfied. If objections are raised, the Commission may require the Member State conce rned to adjust or provide a new air quality roadmap to meet the requirements set out in paragraph 1.
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5. By 31 December 2026, the Commission shall provide, by means of implementing acts, further technical details on the requirements for projections perform ed for the purposes of paragraph 1 of this Article with the objective to show how the limit values specified in Section 1, Table 1, of Annex I will be attained, taking into account reasonable and proportionate measures. Furthermore, it shall specify inform ation to be included in implementation reports for the purposes of paragraph 3 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 26(2). Chapter IV Plans Article 19 Air quality plan s and air quality roadmaps 1. Where, in given zones, the levels of pollutants in ambient air exceed any limit value or target value laid down in Section 1 of Annex I, Member States shall establish air quality plans for those zones that set out appropriate measures to achieve the limit value or target value concerned and to keep the exceedance period as short as possible, and in any case no longer than 4 years from the end of the calendar year in which the first exceedance was recorded. Those air quality pla ns shall be established as soon as possible and no later than 2 years after the calendar year during which that exceedance of any limit value or target value was recorded.
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Where in a given zone an exceedance of a limit value is already covered by an air quality roadmap, Member States shall ensure that the measures set out in that roadmap are appropriate to keep the exceedance period as short as possible and, where relevant, take additional and more effective measures and follow the procedure for updating an air quality roadmap as set out in paragraph 5. 2. Where in territorial units covering at least one zone, the levels of pollutants in ambient air exceed any ozone target value, laid down in Section 2 of Annex I, Member States shall establish air quality plans for those territorial units that set out appropriate measures in order to achieve the ozone target value and to keep the exceedance period as short as possible. Those air quality plans shall be established as soon as possible and no later than 2 years after the calendar year during which the exceedance of the ozone target value was recorded. Where in a given territorial unit an exceedance of an ozone target value is already covered by an air quality roadmap, Member States shall ensure that the measure s set out in that roadmap are appropriate to keep the exceedance period as short as possible and, where relevant, follow the procedure for updating an air quality roadmap as set out in paragraph 5. However, Member States may refrain from establishing such air quality plans or air quality roadmaps to address the exceedance of ozone where there is no significant potential to reduce ozone concentrations, considering geographical and meteorological conditions, and where the measures would entail disproportionat e costs.
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Where an air quality plan or air quality roadmap is not established, Member States shall provide to the public and the Commission a detailed justification as to why there is no significant potential to reduce the exceedance resulting in a decisio n not to establish an air quality plan or air quality roadmap. At least every 5 years, Member States shall reassess the potential to reduce ozone concentrations. For territorial units where the ozone target value is exceeded, Member States shall ensure that the relevant national air pollution control programme prepared pursuant to Article 6 of Directive (EU) 2016/2284 includes measures addressing ozone precursors covered by that Directive. 3. Where in a given average exposure territorial unit, the average e xposure reduction obligation laid down in Section 5 of Annex I is not achieved, Member States shall establish air quality plans for those average exposure territorial units that set out appropriate measures to achieve the average exposure reduction obligat ion and to keep the exceedance period as short as possible. Those air quality plans shall be established as soon as possible and no later than 2 years after the calendar year during which the exceedance of the average exposure reduction obligation was reco rded.
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4. Where from 1 January 2026 until 31 December 2029 in a zone or territorial unit, the levels of pollutants are above any limit value or target value to be attained by 1 January 2030 as laid down in Section 1, Table 1, of Annex I and in Section 2, P oint B, of Annex I, and without prejudice to paragraph 2, third subparagraph, of this Article, Member States shall establish an air quality roadmap for the pollutant concerned to attain the respective limit values or target values by the expiration of the attainment deadline. Those air quality roadmaps shall be established as soon as possible and no later than 2 years after the calendar year during which the exceedance was recorded. However, Member States may refrain from establishing such air quality roadm aps when the baseline scenario following the information required by Point A, point 5, of Annex VIII, shows that the limit value or target value will be achieved with the measures that are already in force, including when the exceedance is caused by tempor ary activities influencing the levels of pollutants in a single year. Where an air quality roadmap is not established pursuant to this subparagraph, Member States shall provide to the public and the Commission a detailed justification. 5. Where exceedances of any limit value, average exposure reduction obligation or target value persist during the third calendar year after the deadline for establishment of an air quality plan or air quality roadmap, and without prejudice to paragraph 2, third subparagraph, Member States shall update the air quality plan or air quality roadmap and the measures therein, including their impact on projected emissions and concentrations, no later than 5 years following the deadline for establishment of the previous air quality pl an or air quality roadmap and take additional and more effective measures to keep the exceedance period as short as possible.
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6. Air quality plans and air quality roadmaps shall contain at least the following information: (a) the information listed in Poi nt A, points 1 to 7, of Annex VIII; (b) where applicable, the information listed in Point A, points 8, 9 and 10, of Annex VIII; (c) information on relevant abatement measures listed in Point B, point 2, of Annex VIII. Member States shall include, where appropriate, the measures referred to in Article 20(2) and specific measures aiming at the protection of sensitive population and vulnerable groups, including children, in their air quality plans and air quality roadmaps. Member States shall assess, when p reparing air quality plans or air quality roadmaps, the risk of exceeding the respective alert thresholds for the pollutants concerned. That analysis shall be used for establishing short -term action plans where applicable. Where air quality plans or air qu ality roadmaps are to be established in respect of several pollutants or air quality standards, Member States shall, where appropriate, establish integrated air quality plans or air quality roadmaps covering all pollutants and air quality standards concern ed. Member States shall, to the extent feasible, ensure consistency of their air quality plans and air quality roadmaps with other plans that have a significant impact on air quality, including those required under Directives 2002/49/EC, 2010/75/EU and (EU ) 2016/2284 and under climate, biodiversity, energy, transport and agriculture legislation.
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7. Member States shall consult the public, in accordance with Directive 2003/35/EC of the European Parliament and of the Council21, and the competent authorities, w hich, by reason of their responsibilities in the field of air pollution and air quality, are likely to be concerned by the implementation of the air quality plans and air quality roadmaps, on draft air quality plans and draft air quality roadmaps and on an y significant updates of air quality plans and air quality roadmaps prior to their finalisation. Member States shall ensure that the public, when consulted, has access to the draft air quality plan or draft air quality roadmap containing the minimum inform ation required under Annex VIII to this Directive and, where possible, a non -technical summary of the information referred to in this subparagraph. Member States shall encourage the active involvement of all interested parties in the preparation, implement ation and update of air quality plans and air quality roadmaps. Where air quality plans and air quality roadmaps are being prepared, Member States shall ensure that stakeholders whose activities contribute to the exceedance situation are encouraged to prop ose measures they are able to take to help end the exceedances and that non-governmental organisations, such as environmental and health organisations, consumer organisations, organisations representing the interests of sensitive population and vulnerable groups, other relevant h

October 3, 2024 at 02:30AM