A4-0155/96

Decision on the common position established by the Council with a view to the adoption of a Council Directive on ambient air quality assessment and management (C4-0061/96 - 94/0106(SYN))

(Cooperation procedure: second reading)

The European Parliament,

- having regard to the common position of the Council, C4-0061/96 - 94/0106(SYN),

- having regard to its opinion at first reading ((OJ C 166, 3.7.1995, p. 167.)) on the Commission proposal to the Council, COM(94)0109 ((OJ C 216, 6.8.1994, p. 4.)),

- having regard to the amended Commission proposal, COM(95)0312 ((OJ C 28, 13.9.1995, p. 10.)),

- having been consulted by the Council pursuant to Article 189c of the EC Treaty,

- having regard to Rule 67 of its Rules of Procedure,

- having regard to the recommendation for second reading of the Committee on the Environment, Public Health and Consumer Protection (A4-0155/96),

1. Amends the common position as follows;

2. Instructs its President to forward this decision to the Council and Commission.

Common position of the Council Amendments by Parliament

(Amendment 1)

Article 2(5)

>Original text>

5) 'limit value' shall mean a level fixed on the basis of scientific knowledge, with the aim of avoiding, preventing or reducing harmful effects on human health and/or the environment as a whole to be attained within a given period and not to be exceeded once attained;

>Text following EP vote>

5) 'limit value' shall mean a level fixed on the basis of scientific knowledge, with the aim of avoiding, preventing or reducing harmful effects on human health and/or the environment as a whole, according to the 'critical load concept', to be attained within a given period and not to be exceeded once attained;

(Amendment 2)

Article 2(5a) (new)

>Text following EP vote>

5a) 'maximum allowable immission level' shall mean the level of a certain pollutant, the effects of which when ingested or deposited are not detrimental to humans, animals, plants or goods, according to the 'critical load concept';

(Amendment 3)

Article 2(5b) (new)

>Text following EP vote>

5b) 'critical load concept' shall mean, for acid deposition, the highest load that will not cause chemical changes leading to long-term harmful effects on the most sensitive ecological systems, or, for gaseous pollutants, the concentration of pollutants in the atmosphere above which direct adverse effects on receptors, such as plants, ecosystems or materials, may occur, according to present scientific knowledge;

(Amendment 4)

Article 2(6)

>Original text>

6) 'target value' shall mean a level fixed with the aim of avoiding more long- term harmful effects on human health and/or the environment as a whole, to be attained where possible over a given period;

>Text following EP vote>

6) 'target value' shall mean a level, based on scientific knowledge concerning the critical load, i.e. the concentration above which direct adverse effects on human beings, animals, plants or goods may occur, fixed with the aim of averting or preventing more long-term harmful effects on human health and/or the environment as a whole, to be attained where possible over a given period;

(Amendment 5)

Article 2(10)

>Original text>

10) 'agglomeration' shall mean a zone with a population concentration in excess of 250 000 inhabitants or, where the population concentration is 250 000 inhabitants or less, a population density per km2 which for the Member States justifies the need for ambient air quality to be assessed and managed.

>Text following EP vote>

10) 'agglomeration' shall mean a zone with a population concentration in excess of 100 000 inhabitants or, where the population concentration is 100 000 inhabitants or less, a population density per km2 which for the Member States justifies the need for ambient air quality to be assessed and managed.

(Amendment 6)

Article 3, second paragraph (new)

>Text following EP vote>

The Member States shall also make all the above information available to the public by every appropriate means.

(Amendment 7)

Article 4, title and (1)

>Original text>

Setting of the limit values and alert thresholds for ambient air

>Text following EP vote>

Setting of the limit and target values and alert thresholds for ambient air

>Original text>

1. For those pollutants listed in Annex I, the Commission shall submit to the Council proposals for the setting of limit values and, as appropriate, alert thresholds according to the following timetable:

>Text following EP vote>

1. For those pollutants listed in Annex I, the Commission shall submit to the Council proposals for the setting of limit and target values and, as appropriate, alert thresholds according to the following timetable:

>Original text>

- no later than 31 December 1996 for pollutants 1 to 5;

>Text following EP vote>

- no later than 31 December 1996 for pollutants in the first series (Section I);

>Original text>

- in accordance with Article 8 of Directive 92/72/EEC for ozone;

>Text following EP vote>

- in accordance with Article 8 of Directive 92/72/EEC for ozone;

>Original text>

- as soon as possible, and no later than 31 December 1999, for pollutants 7 to 13.

>Text following EP vote>

- as soon as possible, and no later than 31 December 1999, for pollutants in the second series (Section II).

>Original text>

In fixing the limit values and, as appropriate, alert thresholds, account shall be taken, by way of example, of the factors laid down in Annex II.

>Text following EP vote>

In fixing the limit and target values and, as appropriate, alert thresholds, account shall be taken of the factors laid down in Annex II.

>Original text>

Regarding ozone, these proposals will take account of the specific formation mechanisms of this pollutant and, to this end, provision may be made for target values and/or limit values.

>Text following EP vote>

Regarding ozone, these proposals will take account of the specific formation mechanisms of this pollutant and, to this end, target values and limit values shall be established.

>Original text>

If a target value fixed for ozone is exceeded, Member States shall inform the Commission of the measures taken in order to attain that value. On the basis of this information the Commission shall evaluate whether additional measures are necessary at Community level and, should the need arise, shall submit proposals to the Council.

>Text following EP vote>

If a target value fixed for ozone is exceeded, Member States shall inform the Commission of the measures taken in order to attain that value. On the basis of this information the Commission shall evaluate whether additional measures are necessary at Community level and, should the need arise, shall submit proposals to the Council.

>Original text>

For other pollutants, the Commission shall submit to the Council proposals for fixing limit values and, as appropriate, alert thresholds if, on the basis of scientific progress and taking into account the criteria laid down in Annex III, it appears necessary to avoid, prevent or reduce the harmful effects of such pollutants on human health and/or the environment as a whole within the Community.

>Text following EP vote>

For other pollutants, the Commission shall submit to the Council proposals for fixing limit and target values and, as appropriate, alert thresholds if, on the basis of scientific progress and taking into account the criteria laid down in Annex III, it appears necessary to avoid, prevent or reduce the harmful effects of such pollutants on human health and/or the environment as a whole within the Community.

(Amendment 8)

Article 4(2)

>Original text>

2. The Commission shall be responsible, taking account of the most recent scientific-research data in the epidemiological fields concerned and of the most recent advances in metrology, for re-examining the elements on which the limit values and alert thresholds referred to in paragraph 1 are based.

>Text following EP vote>

2. The Commission shall be responsible, taking account of the most recent scientific-research data in the epidemiological and environmental fields concerned and of the most recent advances in metrology, for re-examining the elements on which the limit and target values and alert thresholds referred to in paragraph 1 are based.

(Amendment 9)

Article 4(3), introduction

>Original text>

3. When limit values and alert thresholds are set, criteria and techniques shall be established for:

>Text following EP vote>

3. When limit and target values and alert thresholds are set, criteria and techniques shall be established for:

(Amendment 10)

Article 4(4)

>Original text>

4. To take into account the actual levels of a given pollutant when setting limit values and the time needed to implement measures for improving the ambient air quality, the Council may also set a temporary margin of tolerance for the limit value.

>Text following EP vote>

4. To take into account the actual levels of a given pollutant when setting limit values and the time needed to implement measures for improving the ambient air quality, the Council may also set a temporary margin of tolerance for the limit value, whose period of validity shall not exceed five years.

>Original text>

This margin shall be reduced according to procedures to be defined for each pollutant in order to attain the level of the limit value at the latest at the end of a period to be determined for each pollutant when that value is set.

>Text following EP vote>

This margin shall be reduced according to procedures to be defined for each pollutant in order to attain the level of the limit value at the latest at the end of the five-year period referred to in the first subparagraph.

(Amendment 11)

Article 4(7)

>Original text>

7. When a Member State intends to set limit values or alert thresholds for pollutants not referred to in Annex I and not covered by Community provisions concerning ambient air quality in the Community, it shall inform the Commission thereof in sufficient time to allow examination of the need to act at Community level following the criteria laid down in Annex III.

>Text following EP vote>

7. When a Member State intends to set limit values or alert thresholds for pollutants not referred to in Annex I and not covered by Community provisions concerning ambient air quality in the Community, it shall inform the Commission thereof in sufficient time. The Commission shall be required to supply, in sufficient time, an answer to the question of the need to act at Community level following the criteria laid down in Annex III.

(Amendment 12)

Article 6(2), first indent a (new)

>Text following EP vote>

- areas of heavy industrial concentration and high consumption of fossil fuels,

(Amendment 13)

Article 7(2)(a)

>Original text>

(a) take into account an integrated approach to the protection of air, water and soil;

>Text following EP vote>

(a) take into account an integrated approach to the protection of air, water, soil and ecosystems;

(Amendment 14)

Article 11(1)(a)(iii)

>Original text>

(iii) send to the Commission the plans or programmes referred to in Article 8(3) no later than two years after the end of the year during which the levels were observed;

>Text following EP vote>

(iii) send to the Commission the plans or programmes referred to in Article 8(3) no later than one year after the end of the year during which the levels were observed;

(Amendment 15)

Article 12

>Original text>

1. The amendments necessary to adapt the criteria and techniques referred to in Article 4(2) to scientific and technical progress, and the detailed arrangements for forwarding the information to be provided under Article 11, and other tasks specified in the provisions referred to in Article 4(3), shall be adopted in accordance with the procedure laid down in paragraph 2 of this Article.

Such adaptation must not have the effect of modifying the limit values or the alert thresholds either directly or indirectly.

2. The Commission shall be assisted by a committee composed of the representatives of the Member States and chaired by the representative of the Commission.

The representative of the Commission shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft within a time limit which the chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148(2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Members States within the committee shall be weighted in the manner set out in that Article. The chairman shall not vote.

>Text following EP vote>

1. The Commission shall be assisted by a committee of an advisory nature composed of the representatives of the Member States and chaired by the representative of the Commission; this committeee shall consult experts in the fields and sectors concerned, including NGOs specializing in matters within its remit.

2. The representative of the Commission shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft within a time limit which the chairman may lay down according to the urgency of the matter, if necessary by taking a vote.

2a. The opinion shall be recorded in the minutes; in addition, each Member State shall have the right to ask to have its position recorded in the minutes.

2b. The Commission shall take the utmost account of the opinion delivered by the committee. It shall inform the committee of the manner in which its opinion has been taken into account.

>Original text>

The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the committee.

>Original text>

If the measures envisaged are not in accordance with the opinion of the committee, or if no opinion is delivered, the Commission shall, without delay, submit to the Council a proposal relating to the measures to be taken. The Council shall act by a qualified majority.

>Original text>

If, on the expiry of a period of three months from the date of referral to the Council, the Council has not acted, the proposed measures shall be adopted by the Commission.

(Amendment 16)

Annex I(I), heading

>Original text>

I. Pollutants governed by existing ambient air quality directives

>Text following EP vote>

I. Pollutants to be studied at an initial stage, including pollutants governed by existing ambient air quality directives

(Amendment 17)

Annex I(I) (6a) (new)

>Text following EP vote>

6a. Benzene

(Amendment 18)

Annex I(I) (6b) (new)

>Text following EP vote>

6b. Carbon monoxide

(Amendment 19)

Annex I(II) (7)

>Original text>

7. Benzene

>Text following EP vote>

Deleted

(Amendment 20)

Annex I(II) (9)

>Original text>

9. Carbon monoxide

>Text following EP vote>

Deleted

(Amendment 21)

Annex I(II) (12)

>Original text>

12. Nickel

>Text following EP vote>

12. Carcinogenic nickel compounds (category L) within the meaning of Directive 67/548/EEC

(Amendment 22)

Annex I(IIa) (new)

>Text following EP vote>

IIa. Pollutants to be studied at a second stage:

- Dioxins

- Volatile organic compounds (VOCs)

- Methane

- Ammoniac

- Nitric acid

(Amendment 23)

Annex II, introduction

>Original text>

When setting the limit value and, as appropriate, alert threshold, the following factors may, by way of example, be taken into account:

>Text following EP vote>

When setting the limit value and, as appropriate, alert threshold, the following factors shall be taken into account: