Amendments adopted by the European Parliament on 28 October 2015 on the proposal for a directive of the European Parliament and of the Council on the reduction of national emissions of certain atmospheric pollutants and amending Directive 2003/35/EC (COM(2013)0920 — C7-0004/2014 — 2013/0443(COD))
Date: 2015-10-28
Institutions: Committee on Agriculture and Rural Development, Committee on Industry, Research and Energy, Committee on Regional Development, Committee on Transport and Tourism, Committee on the Environment, Climate and Food Safety, European Parliament
Subjects: EU Member State, access to information, atmospheric pollutant, disclosure of information, environmental impact, reduction of gas emissions




C_2017355EN.01016701.xml










20.10.2017   


EN


Official Journal of the European Union


C 355/167





P8_TA(2015)0381
Emissions of certain atmospheric pollutants ***I
Amendments adopted by the European Parliament on 28 October 2015 on the proposal for a directive of the European Parliament and of the Council on the reduction of national emissions of certain atmospheric pollutants and amending Directive 2003/35/EC (COM(2013)0920 — C7-0004/2014 — 2013/0443(COD)) (1)

(Ordinary legislative procedure: first reading)
(2017/C 355/27)

Amendment 2


Proposal for a directive


Recital 2








Text proposed by the Commission




Amendment











(2)


The seventh Environment Action Programme (18) confirms the Union’s long-term objective for air policy, to achieve levels of air quality that do not give rise to significant negative impacts on and risks to human health and the environment, and calls, to that end, for full compliance with the current air quality legislation of the Union, post-2020 strategic targets and actions, enhanced efforts in areas where the population and ecosystems are exposed to high levels of air pollutants, and reinforced synergies between air quality legislation and Union’s policy objectives set for climate change and biodiversity in particular.












(2)


The seventh Environment Action Programme (18) confirms the Union’s long-term objective for air policy, to achieve levels of air quality that do not give rise to significant negative impacts on and risks to human health and the environment, and calls, to that end, for full compliance with the current air quality legislation of the Union, post-2020 strategic targets and actions, enhanced efforts in areas where the population and ecosystems are exposed to high levels of air pollutants, and reinforced synergies between air quality legislation and Union’s policy objectives set for climate change and biodiversity in particular. 
The Common Agricultural Policy for the 2014-2020 period offers the possibility for Member States to contribute to air quality with specific measures. Future evaluation will provide a better understanding of the effects of these measures.











Amendment 3


Proposal for a directive


Recital 4 a (new)








Text proposed by the Commission




Amendment





 










(4a)






Member States and the Union are parties to the 2013 Minamata Convention on Mercury, which seeks to improve human health and environmental protection through the reduction of mercury emissions from existing and new sources. This Directive should contribute to the reduction of mercury emissions in the Union as required by the Communication from the Commission to the Council and the European Parliament of 28 January 2005 on a Community Strategy on Mercury and the Minamata Convention on Mercury.











Amendment 4


Proposal for a directive


Recital 6








Text proposed by the Commission




Amendment











(6)


The national emission ceiling regime established by Directive 2001/81/EC should therefore be revised in order to 
align it
 with the international commitments of the Union and the Member States.












(6)


The national emission ceiling regime established by Directive 2001/81/EC should therefore be revised in order to 
ensure compliance
 with the international commitments of the Union and the Member States.









Amendment 5


Proposal for a directive


Recital 8








Text proposed by the Commission




Amendment











(8)


This Directive should also contribute to the achievement of the air quality objectives set in Union legislation and to the mitigation of climate change impacts by reducing emissions of short-lived climate pollutants 
as well as
 to the improvement of air quality globally.












(8)


This Directive should also contribute to the achievement
, in a cost-effective manner,
 of the air quality objectives set in Union legislation and to the mitigation of climate change impacts by reducing emissions of short-lived climate pollutants 
in addition
 to the improvement of air quality globally 
and by improving synergies with Union climate and energy policy and ensuring non-duplication of existing Union legislation. In particular, this Directive should be aligned with evolving Union and international climate change action, including, but not limited to, the 2030 policy framework for climate and energy and a comprehensive, binding global climate change agreement
.









Amendment 6


Proposal for a directive


Recital 8 a (new)








Text proposed by the Commission




Amendment





 










(8a)






This Directive should also contribute to the reduction of the health-related costs of air pollution in the Union by improving EU citizens’ quality of life as well as to favour the transition to a green economy.











Amendment 7


Proposal for a directive


Recital 8 b (new)








Text proposed by the Commission




Amendment





 










(8b)






In order to reduce emissions from maritime transport, it is necessary to ensure a full and timely implementation of the limits laid down by the International Maritime Organization (IMO) and a strict enforcement of Directive 2012/33/EU of the European Parliament and of the Council

 (1a)

. Further action to control shipping emissions is also needed. It is appropriate that the Union and Member States consider defining new emission control areas and continue to work within the IMO to further reduce the emissions.











Amendment 8


Proposal for a directive


Recital 9








Text proposed by the Commission




Amendment











(9)




Member States should comply with the emission reduction commitments set out in this Directive for 2020 and 2030. So as to ensure demonstrable progress towards the 2030 commitments, Member States should meet intermediate emission levels in 2025, set on the basis of a linear trajectory between their emission levels for 2020 and those defined by the
 emission reduction commitments 
for 2030, unless this would entail disproportionate costs. Where the 2025 emissions cannot be so limited, Member States should explain the reasons in their reports under this Directive
.












(9)




In order to limit the atmospheric emissions of air pollutants and to effectively contribute to the Union objective of achieving air quality that does not give rise to significant negative impacts on and risks to health, and to reducing the levels and deposition of acidifying and eutrophying pollutants below critical loads and levels, binding national
 emission reduction commitments 
are set in this Directive for 2020, 2025 and 2030
.









Amendment 9


Proposal for a directive


Recital 11








Text proposed by the Commission




Amendment











(11)


In order to promote cost-effective achievement of the national emission reduction commitments 
and of the intermediate emission levels
, Member States should 
be entitled to account for emission reductions from international maritime traffic if emissions from that sector are lower than the levels of emissions that would result from compliance with Union law standards, including the sulphur limits for fuels set in Directive 1999/32/EC of the Council (21).


Member States should also
 have the possibility to jointly meet their commitments 
and intermediate emission levels
 regarding methane (CH4) and of making use of Decision no406/2009/EC of the European Parliament and of the Council for so doing (22). For the purpose of checking compliance with their national emission ceilings, emission reduction commitments and 
intermediate
 emission levels, Member States could adjust their national emission inventories in view of improved scientific understanding and methodologies regarding emissions. The Commission could object to the use of 
any of these flexibilities
 by a Member State, should the conditions set out in this Directive not be met.












(11)


In order to promote cost-effective achievement of the national emission reduction commitments, Member States should have the possibility to jointly meet their commitments regarding methane (CH4) and of making use of Decision no 406/2009/EC of the European Parliament and of the Council for so doing (22). For the purpose of checking compliance with their national emission ceilings, emission reduction commitments and emission levels, Member States could adjust their national emission inventories in view of improved scientific understanding and methodologies regarding emissions. The Commission could object to the use of 
these flexibilities
 by a Member State, should the conditions set out in this Directive not be met.









Amendment 10


Proposal for a directive


Recital 12








Text proposed by the Commission




Amendment











(12)


Member States should adopt and implement a national air pollution control programme with a view to meeting their emission reduction requirements and 
intermediate emission levels, and
 to contributing effectively to the achievement of the Union air quality objectives. To this effect, Member States should take account of the need to reduce emissions in zones and agglomerations affected by excessive air pollutant concentrations and/or in those that contribute significantly to air pollution in other zones and agglomerations, including in neighbouring countries. National air pollution control programmes should, to that end, contribute to the successful implementation of air quality plans enacted under Article 23 of Directive 2008/50/EC of the European Parliament and of the Council (23).












(12)


Member States should adopt and implement a national air pollution control programme with a view to meeting their emission reduction requirements and to contributing effectively to the achievement of the Union air quality objectives. To this effect, Member States should take account of the need to reduce emissions in zones and agglomerations affected by excessive air pollutant concentrations and/or in those that contribute significantly to air pollution in other zones and agglomerations, including in neighbouring countries. National air pollution control programmes should, to that end, contribute to the successful implementation of air quality plans enacted under Article 23 of Directive 2008/50/EC of the European Parliament and of the Council (23).









Amendment 11


Proposal for a directive


Recital 13








Text proposed by the Commission




Amendment











(13)


In order to reduce atmospheric 
NH3 and PM2,5 
 emissions from the main contributors, national air pollution control programmes should include measures applicable to the agricultural sector. Member States should be entitled to implement measures other than those set out in this Directive with an equivalent level of environmental performance owning to specific national circumstances.












(13)


In order to reduce atmospheric 
NH3, CH4 and PM2,5 
 emissions from the main contributors, national air pollution control programmes should include measures applicable to the agricultural sector. 
These measures should be cost-effective and based on specific information and data, taking account of scientific progress and previous measures undertaken by Member States. The development of guidelines on good agricultural practice for using NH3, to be exchanged at Union level, would also be desirable in an attempt to reduce these emissions
. Member States should be entitled to implement measures other than those set out in this Directive with an equivalent level of environmental performance owning to specific national circumstances.









Amendment 12


Proposal for a directive


Recital 13 a (new)








Text proposed by the Commission




Amendment





 










(13a)






In order to reduce emissions from the main contributors, national air pollution control programmes should include measures applicable to all relevant sectors, including agriculture, industry, road transport, non-road mobile machinery, inland and domestic shipping, domestic heating and solvents. Member States should be entitled to implement measures other than those set out in this Directive with an equivalent level of environmental performance taking into account specific national circumstances.











Amendment 13


Proposal for a directive


Recital 13 b (new)








Text proposed by the Commission




Amendment





 










(13b)






In taking measures to be included in national air control programmes which are applicable to the agricultural sector, Member States should ensure that impacts on small to medium-sized farms are fully taken into account and these impacts do not entail significant additional costs that cannot be borne by such farms. Improvements in air quality should be achieved through proportionate measures that safeguard the future of agricultural holdings. The national air pollution control programmes should provide a balance between animal husbandry and pollution control.











Amendment 14


Proposal for a directive


Recital 13 c (new)








Text proposed by the Commission




Amendment





 










(13c)






The measures taken under national air pollution control programmes to prevent NH3, CH4 and PM2,5  emissions in the agricultural sector should be eligible for financial support under, inter alia, the Rural Development Funds, in particular measures by small and medium-sized farms requiring significant changes of practices or significant investments such as extensive grazing, agroecology, anaerobic digestion for biogas production using farm waste, and low emission housing systems.











Amendment 15


Proposal for a directive


Recital 14 a (new)








Text proposed by the Commission




Amendment





 










(14a)






In order to improve air quality, particularly in urban areas, national air pollution control programmes should include measures to reduce emissions of nitrogen oxides and particulate matter in those areas.











Amendment 16


Proposal for a directive


Recital 15 a (new)








Text proposed by the Commission




Amendment





 










(15a)






In accordance with the Aarhus Convention on access to information, public participation in decision-making and access to justice in environmental matters and with the case law of the Court of Justice, the public should be given wide access to justice in order to ensure the effective implementation and enforcement of this Directive and to contribute to the protection of the right to live in an environment which is adequate for personal health and well-being.











Amendment 17


Proposal for a directive


Recital 15 b (new)








Text proposed by the Commission




Amendment





 










(15b)





Environmental inspections and market surveillance are needed in order to ensure the effectiveness of this Directive and of measures adopted pursuant to the achievement of its objectives.










Amendment 18


Proposal for a directive


Recital 15 c (new)








Text proposed by the Commission




Amendment





 










(15c)






When assessing the synergies between EU air quality policy and climate and energy policy the Commission should take account of the European Parliamentary Research Service's study ‘Air Quality — Complementary Impact Assessment on interactions between EU air quality policy and climate and energy policy’.











Amendment 123


Proposal for a directive


Recital 20








Text proposed by the Commission




Amendment











(20)


It is necessary to amend Directive 2003/35/EC of the European Parliament and of the Council (26) with a view to ensuring consistency of this Directive with the 1998 Aarhus Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters.












(20)


It is necessary to amend Directive 2003/35/EC of the European Parliament and of the Council (26) with a view to ensuring consistency of this Directive 
and Directive 2008/50/EC
 with the 1998 Aarhus Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters.









Amendment 19


Proposal for a directive


Recital 21








Text proposed by the Commission




Amendment











(21)


In order to take into account technical developments, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amending the reporting guidelines set out in Annex I, as well as Part 1 of Annex III and Annexes IV and V to adapt them to technical progress. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.












(21)


In order to take into account technical developments, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission 
for a determinate period
 in respect of amending the reporting guidelines set out in Annex I, as well as Part 1 of Annex III and Annexes IV and V to adapt them to technical progress. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.









Amendment 21


Proposal for a directive


Recital 26 a (new)








Text proposed by the Commission




Amendment





 










(26a)






The candidate and potential candidate countries should align, as far as possible, their national laws with this Directive.











Amendment 22


Proposal for a directive


Article 1 — paragraph 1 a (new)








Text proposed by the Commission




Amendment





 




This Directive aims at limiting atmospheric emissions of acidifying and eutrophying pollutants, ozone precursors, primary particulate matter and precursors of secondary particulate matter and other air pollutants, thereby contributing to:






 










(a)






the Union's long-term objective of achieving levels of air quality that do not give rise to significant negative impacts on and risks to human health and the environment, in line with the air quality guidelines published by the World Health Organisation;










 










(b)






the achievement of Union biodiversity and ecosystem objectives by reducing the levels and deposition of acidifying and eutrophying pollutants, and other pollutants, including ground-level ozone, below critical loads and levels;










 










(c)






the achievement of the air quality objectives set out in legislative acts of the Union;










 










(d)






the mitigation of climate change impacts by reducing emissions of short-lived climate pollutants and by improving synergies with Union climate and energy policy.










 




This Directive shall in particular, be aligned with evolving Union and international climate change action, including, but not limited to, the 2030 policy framework for climate and energy and a comprehensive, binding global climate change agreement.







Amendment 131


Proposal for a directive


Article 3 — point 2








Text proposed by the Commission




Amendment











2.


‘ozone precursors’ mean nitrogen oxides, non-methane volatile organic compounds
, methane,
 and carbon monoxide;












2.


‘ozone precursors’ mean nitrogen oxides, non-methane volatile organic compounds and carbon monoxide;









Amendment 23


Proposal for a directive


Article 3 — point 3 a (new)








Text proposed by the Commission




Amendment





 










3a.





‘critical load’ means a quantitative estimate of an exposure to one or more pollutants below which, according to present knowledge, significant adverse effects on specified sensitive elements of the environment do not occur;










Amendment 24


Proposal for a directive


Article 3 — point 3 b (new)








Text proposed by the Commission




Amendment





 










3b.





‘critical level’ means the concentration of pollutants in the atmosphere or fluxes to receptors above which, according to present knowledge, direct adverse effects on receptors, such as human beings, plants, ecosystems or materials, may occur;










Amendment 25


Proposal for a directive


Article 3 — point 4 a (new)








Text proposed by the Commission




Amendment





 










4a.





‘ground-level ozone’ means ozone in the lowermost part of the troposphere;










Amendment 26


Proposal for a directive


Article 3 — point 4 b (new)








Text proposed by the Commission




Amendment





 










4b.





‘volatile organic compounds’ (VOC) mean all organic compounds arising from human activities, other than methane, which are capable of producing photochemical oxidants by reactions with nitrogen oxides in the presence of sunlight;










Amendment 28


Proposal for a directive


Article 3 — point 6 a (new)








Text proposed by the Commission




Amendment





 










6a.





‘national emission ceiling’ means the maximum amount of a substance expressed in kilotonnes, which may be emitted in a Member State in a calendar year;










Amendment 29


Proposal for a directive


Article 3 — point 9








Text proposed by the Commission




Amendment













9.





‘international maritime traffic’ means journeys at sea and in coastal waters by water-borne vessels of all flags, save fishing vessels, that depart from the territory of one country and arrive in the territory of another country;









deleted







Amendment 30


Proposal for a directive


Article 3 — point 12 a (new)








Text proposed by the Commission




Amendment





 










12a.





‘EU source-based air pollution policies’ means Regulations or Directives which, irrespective of the obligations laid down in those Regulations or Directives, have as a goal, whether partially or not, to reduce the emissions of sulphur dioxide (SO2), nitrogen oxides (NOx), non-methane volatile organic compounds (NMVOC), ammonia (NH3), particulate matter (PM2,5 ) and methane (CH4), by undertaking mitigation measures at the source, including at least, but not exclusively, the reductions of emissions accomplished by:









 








—




Directive 94/63/EC

 (1a)

,










 








—




Directive 97/68/EC

 (1b)

,










 








—




Directive 98/70/EC

 (1c)

;










 








—




Directive 1999/32/EC

 (1d)

,










 








—




Directive 2009/126/EC

 (1e)

,










 








—




Directive 2004/42/EC

 (1f)

,










 








—




Directive 2007/46/EC

 (1 g)

including Regulation (EC) No 715/2007

 (1h)

,










 








—




Regulation (EC) No 79/2009

 (1i)

,










 








—




Regulation (EC) No 595/2009

 (1j)

and Regulation (EC) No 661/2009

 (1k)

,










 








—




Directive 2010/75/EU

 (1l)

,










 








—




Regulation (EU) No 167/2013

 (1m)

,










 








—




Regulation (EU) No 168/2013

 (1n)

,










 








—




Directive 2014/94/EU

 (1o)

.











Amendment 31


Proposal for a directive


Article 3 — point 12 b (new)








Text proposed by the Commission




Amendment





 










12b.





‘the public concerned’ means the public affected or likely to be affected by, or having an interest in emissions of air pollution into the atmosphere; for the purposes of this definition, non-governmental organisations promoting environmental protection, consumer organisations, organisations representing the interests of vulnerable populations and other relevant health-care bodies meeting requirements under national law shall be deemed to have an interest.










Amendment 32


Proposal for a directive


Article 4 — paragraph 1








Text proposed by the Commission




Amendment





1.   Member States shall, as a minimum, limit their annual anthropogenic emissions of sulphur dioxide (SO

2

), nitrogen oxides (NOx), volatile organic compounds 
other than methane
 (NMVOC), ammonia (
N
H

3

), particulate matter (PM

2,5 

) 
and methane (CH4

) in accordance with the national emission reduction commitments applicable from 2020 and 2030, as laid down in Annex II.


1.   Member States shall, as a minimum, limit their annual anthropogenic emissions of sulphur dioxide (SO2), nitrogen oxides (NOx), 
non-methane
 volatile organic compounds (NMVOC), ammonia (NH

3

), particulate matter (PM2,5 ), in accordance with the national emission reduction commitments applicable from 2020
, 2025
 and 2030, as laid down in Annex II.





Amendment 33


Proposal for a directive


Article 4 — paragraph 1 a (new)








Text proposed by the Commission




Amendment





 




1a.
   
Member States shall, as a minimum, limit their annual anthropogenic emissions of methane (CH4) except emissions of enteric methane produced by ruminant livestock in accordance with the national emission reduction commitments applicable from 2030, as laid down in Annex II.







Amendment 34


Proposal for a directive


Article 4 — paragraph 2 — subparagraph 1








Text proposed by the Commission




Amendment





2.   
Without prejudice to paragraph 1,
 Member States shall 
take all the necessary measures not entailing disproportionate costs to limit
 their 
2025 anthropogenic emissions of SO2, NOx, NMVOC, NH3, PM2,5  and CH4. The levels of those emissions shall be determined on the basis of fuels sold, by a linear
 reduction 
trajectory established between their emission levels for 2020 and the emission levels defined by the emission reduction commitments for 2030
.


2.   Member States shall 
provide, in their reports submitted to the Commission in accordance with Article 9, updates on
 their 
progress towards achieving their national emission
 reduction 
commitments
.





Amendment 35


Proposal for a directive


Article 4 — paragraph 3 — introductory part








Text proposed by the Commission




Amendment





3.   The following emissions are not 
accounted
 for the purpose of complying with 
paragraphs
 1 
and 2
:


3.   The following emissions are not 
taken into account
 for the purpose of complying with 
paragraph
 1:





Amendment 36


Proposal for a directive


Article 4 — paragraph 3 — point d








Text proposed by the Commission




Amendment











(d)


emissions from international maritime traffic
, without prejudice to Article 5(1)
.












(d)


emissions from international maritime traffic.









Amendment 37


Proposal for a directive


Article 5 — paragraph 1








Text proposed by the Commission




Amendment







1.
   
In order to comply with the intermediate emission levels determined for 2025 in accordance with Article 4, paragraph 2, and the national emission reduction commitments set out in Annex II applicable from 2030 onwards for NOx, SO2 and PM2,5 , Member States may offset NOx, SO2 and PM2,5 



emission reductions achieved by international maritime traffic against NOx, SO2 and PM2,5 



emissions released by other sources in the same year, provided that they meet the following conditions:






deleted














(a)






the emission reductions occur in the sea areas that fall within the Member States' territorial seas, exclusive economic zones or in pollution control zones if such zones have been established;








 












(b)






they have adopted and implemented effective monitoring and inspection measures to ensure a proper operation of this flexibility;








 












(c)






they have implemented measures to achieve lower NOx, SO2 and PM2,5 



emissions from international maritime traffic than the emissions levels that would be achieved by compliance with the Union standards applicable to emissions of NOx, SO2 and PM2,5  and have demonstrated an adequate quantification of the additional emission reductions resulting from these measures;








 












(d)






they have not offset more than 20 % of the NOx, SO2 and PM2,5 



emission reductions calculated in accordance with point (c), provided that the offset does not result in non-compliance with the national emission reduction commitments for 2020 set out in Annex II.








 





Amendment 38


Proposal for a directive


Article 5 — paragraph 2 — introductory part








Text proposed by the Commission




Amendment





2.   Member States may jointly implement their methane emission reduction commitments 
and intermediate emission levels
 referred to in Annex II, provided that they meet the following conditions:


2.   Member States may jointly implement their methane emission reduction commitments referred to in Annex II, provided that they meet the following conditions:





Amendment 39


Proposal for a directive


Article 5 — paragraph 3








Text proposed by the Commission




Amendment





3.   Member States may establish adjusted annual national emission inventories for SO2, NOx, NH3, NMVOC and PM2,5  in accordance with Annex IV where non-compliance with their national emission reduction commitments 
or their intermediate emission levels
 would result from applying improved emission inventory methods updated in accordance with scientific knowledge.


3.   Member States may establish adjusted annual national emission inventories for SO2, NOx, NH3, NMVOC and PM2,5  in accordance with Annex IV where non-compliance with their national emission reduction commitments would result from applying improved emission inventory methods updated in accordance with scientific knowledge.





Amendment 40


Proposal for a directive


Article 5 — paragraph 4








Text proposed by the Commission




Amendment





4.   Members States that intend to apply 
paragraphs 1, 2 and 3
 shall inform the Commission by 
30 September
 of the year preceding the reporting year concerned. That information shall include the pollutants and sectors concerned and, where available, the magnitude of the impacts upon national emission inventories.


4.   Members States that intend to apply 
the flexibilities under this Directive
 shall inform the Commission by 
31 December
 of the year preceding the reporting year concerned. That information shall include the pollutants and sectors concerned and, where available, the magnitude of the impacts upon national emission inventories.





Amendment 41


Proposal for a directive


Article 5 — paragraph 5 — subparagraph 1








Text proposed by the Commission




Amendment





5.   The Commission, assisted by the European Environment Agency, shall review and assess whether the use of 
any of the flexibilities
 for a particular year fulfils the relevant requirements and criteria.


5.   The Commission, assisted by the European Environment Agency, shall review and assess whether the use of 
a flexibility or adjustment
 for a particular year fulfils the relevant requirements and criteria.





Amendment 42


Proposal for a directive


Article 5 — paragraph 5 — subparagraph 2








Text proposed by the Commission




Amendment





Where the Commission has raised no objections within 
nine
 months from the date of receipt of the relevant report referred to in Article 7, paragraphs 
4
, 5 and 6, the Member State concerned shall consider the use of the flexibility applied to be accepted and valid for that year. Where the Commission considers the use of a flexibility not to be in accordance with the applicable requirements and criteria, it shall adopt a Decision and inform the Member State that it cannot be accepted.


Where the Commission has raised no objections within 
six
 months from the date of receipt of the relevant report referred to in Article 7, paragraphs 5 and 6, the Member State concerned shall consider the use of the flexibility applied to be accepted and valid for that year. Where the Commission considers the use of a flexibility not to be in accordance with the applicable requirements and criteria, it shall
, within nine months from the date of receipt of the relevant report,
 adopt a Decision and inform the Member State that it cannot be accepted. 
The decision shall be accompanied by a justification
.





Amendment 43


Proposal for a directive


Article 5 — paragraph 6








Text proposed by the Commission




Amendment





6.   The Commission may adopt implementing acts specifying the detailed rules for the use of 
the flexibilities
 as referred to in 
paragraphs 1, 2 and 3
, in accordance with the examination procedure referred to in Article 14.


6.   The Commission may adopt implementing acts specifying the detailed rules for the use of 
a flexibility
 as referred to in 
paragraphs 2 and 3
, in accordance with the examination procedure referred to in Article 14.





Amendment 44


Proposal for a directive


Article 6 — paragraph 1








Text proposed by the Commission




Amendment





1.   Member States shall draw up and adopt a national air pollution control programme in accordance with Part 2 of Annex III in order to limit their annual 
anthropogenic
 emissions in accordance with Article 4.


1.   Member States shall draw up and adopt a national air pollution control programme in accordance with Part 2 of Annex III in order to limit their annual emissions in accordance with Article 4
, and to achieve the objectives of this Directive pursuant to Article 1
.





Amendment 45


Proposal for a directive


Article 6 — paragraph 2 — subparagraph 1 — point a a (new)








Text proposed by the Commission




Amendment





 










(aa)






consider the cost-effectiveness of emission reduction measures and take into account emission reductions that have been achieved or, if the Member State prioritises its emission reduction measures, can be achieved by applying existing Union legislation;











Amendment 46


Proposal for a directive


Article 6 — paragraph 2 — subparagraph 1 — point a b (new)








Text proposed by the Commission




Amendment





 










(ab)






prioritise specific policy measures which aim at reducing risks to the health of vulnerable groups of people and to ensure compliance with the exposure reduction target established in accordance with Section B of Annex XIV to Directive 2008/50/EC;











Amendment 47


Proposal for a directive


Article 6 — paragraph 2 — subparagraph 1 — point b








Text proposed by the Commission




Amendment











(b)




take account of the need to
 reduce air pollutant emissions for the purpose of reaching compliance with air quality objectives in their territories and, where appropriate in neighbouring Member States;












(b)


reduce air pollutant emissions for the purpose of reaching compliance with air quality objectives in their territories
, in particular the limit values under Directive 2008/50/EC,
 and, where appropriate in neighbouring Member States;









Amendment 48


Proposal for a directive


Article 6 — paragraph 2 — subparagraph 1 — point b a (new)








Text proposed by the Commission




Amendment





 










(ba)






quantify the additional emission reductions needed in order to meet by 2030 ambient air quality levels equal to or below the levels as recommended by the World Health Organisation;











Amendment 49


Proposal for a directive


Article 6 — paragraph 2 — subparagraph 1 — point b b (new)








Text proposed by the Commission




Amendment





 










(bb)






quantify the additional emission reductions needed in order to reach the critical loads and levels for the protection of the environment by 2030;











Amendment 50


Proposal for a directive


Article 6 — paragraph 2 — subparagraph 1 — point b c (new)








Text proposed by the Commission




Amendment





 










(bc)






identify relevant measures to meet the objectives referred to in (ba) and (bb);











Amendment 51


Proposal for a directive


Article 6 — paragraph 2 — subparagraph 1 — point c a (new)








Text proposed by the Commission




Amendment





 










(ca)






support the shift of investments towards clean and efficient technologies and sustainable production with the help of fiscal incentives;











Amendment 52


Proposal for a directive


Article 6 — paragraph 2 — subparagraph 1 — point c b (new)








Text proposed by the Commission




Amendment





 










(cb)






assess the extent to which different national geographic regions have distinct needs and difficulties in tackling air pollution;











Amendment 53


Proposal for a directive


Article 6 — paragraph 2 — subparagraph 1 — point d a (new)








Text proposed by the Commission




Amendment





 










(da)






ensure that the relevant competent authorities monitor the effectiveness of measures brought into force by Member States in order to comply with this Directive and, if necessary, are empowered to take action.











Amendment 124


Proposal for a directive


Article 6 — paragraph 2 a (new)








Text proposed by the Commission




Amendment





 




2a.
   
The Commission shall ensure that all EU source-based air pollution policies are fit for purpose and contribute towards reaching the EU's air quality objectives.




To that end, the Commission and the Member States shall immediately agree on the new Real Driving Emissions (RDE) regulation proposal currently under consideration.




The new type approval test method shall apply no later than 2017 and ensure that pollutants such as NOx, and particulate matter (PM2,5  and PM10) are effectively limited under conformity factors necessary to represent real driving conditions. The new tests shall be independent and transparent.




These conformity factors shall be strict and quantified to only represent the uncertainty of the RDE test procedure.







Amendment 55


Proposal for a directive


Article 6 — paragraph 2 b (new)








Text proposed by the Commission




Amendment





 




2b.
   
Member States shall establish a system of routine and non-routine environmental inspections and market surveillance and public reporting of mobile and stationary sources to ensure that policies and measures are effective in delivering emission reductions under real operating conditions.






 




By …

 (*1)

the Commission shall present a legislative proposal for a Union-wide system of in-use surveillance testing and public reporting of emission standards for light duty vehicles, administered by the relevant competent authority, in order to verify that vehicles and engines are Euro 6 compliant throughout their full useful life.







Amendment 56


Proposal for a directive


Article 6 — paragraph 3 a (new)








Text proposed by the Commission




Amendment





 




3a.
   
Member States may support the gradual elimination of the sources of low-level emissions by encouraging the replacement, in the transport and fuel supply sector, of porous hoses by emission-free hose technologies.







Amendment 57


Proposal for a directive


Article 6 — paragraph 4 — point b








Text proposed by the Commission




Amendment











(b)


Member States decide to make use of 
any of the flexibilities
 set out in Article 5.












(b)


Member States decide to make use of 
a flexibility
 set out in Article 5.









Amendment 58


Proposal for a directive


Article 6 — paragraph 4 — subparagraph 1 a (new)








Text proposed by the Commission




Amendment





 




National air pollution control programmes shall indicate whether Member States intend to make use of a flexibility set out in Article 5.







Amendment 59


Proposal for a directive


Article 6 — paragraph 5








Text proposed by the Commission




Amendment





5.   Member States shall consult, in accordance with relevant Union legislation, 
the public and
 competent authorities, which, by reason of their specific environmental responsibilities in the field of air pollution, quality and management at all levels, are likely to be concerned by the implementation of the national air pollution control programmes, on their draft national air pollution control programme and 
any significant
 updates prior to their finalisation. 
Where appropriate, transboundary consultations shall be ensured in accordance with relevant Union legislation
.


5.   Member States shall consult, in accordance with relevant Union legislation, competent authorities, which, by reason of their specific environmental responsibilities in the field of air pollution, quality and management at all levels, are likely to be concerned by the implementation of the national air pollution control programmes, on their draft national air pollution control programme and 
all
 updates prior to their finalisation. 
These consultations shall include the relevant local or regional authorities responsible for implementing emission abatement policies in specified zones and/or agglomerations, and shall not exclude zones and/or agglomerations which are located in at least two Member States
.





Amendment 60


Proposal for a directive


Article 6 — paragraph 5 — subparagraph 1 a (new)








Text proposed by the Commission




Amendment





 




Member States shall ensure, in accordance with relevant Union law, that members of the public concerned are consulted at an early stage in the drawing up and review of draft national air pollution control programmes and in any updates of those programmes prior to their finalisation. Where appropriate, transboundary consultations shall be ensured in accordance with relevant Union law, including Article 25 of Directive 2008/50/EC.







Amendment 61


Proposal for a directive


Article 6 — paragraph 5 a (new)








Text proposed by the Commission




Amendment





 




5a.
   
Member States shall appoint their own independent expert body to conduct a review of draft national air pollution programmes to assess the accuracy of the information and the adequacy of the policies and measures set out in those programmes. The results of that review shall be made publicly available prior to the publication of the draft national air pollution control programme in order to facilitate meaningful public participation.







Amendment 62


Proposal for a directive


Article 6 — paragraph 6 — subparagraph 1 a (new)








Text proposed by the Commission




Amendment





 




The Commission shall provide guidance for emission reduction measures not included in Part 1 of Annex III, including domestic heating and road transport, which Member States may include in the national air pollution control programme.







Amendment 63


Proposal for a directive


Article 6 — paragraph 8








Text proposed by the Commission




Amendment





8.   The Commission 
may
 establish guidance on the elaboration and implementation of national air pollution control programmes.


8.   The Commission 
shall
 establish guidance on the elaboration and implementation of national air pollution control programmes.





Amendment 64


Proposal for a directive


Article 6 — paragraph 9








Text proposed by the Commission




Amendment





9.   The Commission 
may
 also specify the format and the necessary information concerning Member States' national air pollution control programmes in the form of implementing acts. These implementing acts shall be adopted in accordance with the examination procedure referred to in Article 14.


9.   The Commission 
shall
 also specify the format and the necessary information concerning Member States' national air pollution control programmes in the form of implementing acts. These implementing acts shall be adopted in accordance with the examination procedure referred to in Article 14.





Amendment 65


Proposal for a directive


Article 6 a (new)








Text proposed by the Commission




Amendment





 




Article 6a




Clean Air Fund




The Commission shall facilitate access to financial support to help ensure that appropriate measures can be taken to comply with the objectives of this Directive.




This shall include available funding under, inter alia:










(a)






agricultural funding, including that available under the Common Agricultural Policy 2014-2020, as amended in the 2017 mid-term review to include Air Quality as a public good with particular reference to ammonia or methane, or both, so as to offer Member States and relevant regional and local authorities the opportunity to contribute to emission reductions with specific measures, and for assistance to do so;














(b)






future work programmes of the Horizon 2020 — the Framework Programme for Research and Innovation;














(c)






European Structural and Investment Funds;














(d)






Funding instruments for the environment and climate action such as LIFE;














(e)






any combination of the above.








The Commission shall ensure that funding procedures are simple, transparent and accessible to different levels of government.




The Commission shall evaluate the possibility of creating a one-stop shop, where entities can easily find the availability of funds and the procedures related to access projects which address air pollution concerns.







Amendment 67


Proposal for a directive


Article 7 — paragraph 4








Text proposed by the Commission




Amendment







4.
   
Member States that apply the flexibility under Article 5(1) shall include the following information in the informative inventory report of the year concerned:






deleted














(a)






the quantity of emissions of NOx, SO2 and PM2,5 



that would have occurred in the absence of an emission control area;








 












(b)






the level of emission reductions attained in the Member State's part of the emission control area in accordance with Article 5(1)(c);








 












(c)






the extent to which they apply this flexibility;








 












(d)






any additional data Member States may deem appropriate to allow the Commission, assisted by the European Environment Agency, to carry out a complete assessment of the conditions under which the flexibility has been implemented.








 





Amendment 68


Proposal for a directive


Article 7 — paragraph 7








Text proposed by the Commission




Amendment





7.   Member States shall establish the emission inventories, including adjusted emission inventories, emission projections and the informative inventory report in accordance with Annex IV.


7.   Member States shall establish the emission inventories, including 
if appropriate
 adjusted emission inventories, emission projections and the informative inventory report in accordance with Annex IV.





Amendment 69


Proposal for a directive


Article 8 — paragraph 1








Text proposed by the Commission




Amendment





1.   Member States shall 
ensure, if practicable, the monitoring of
 adverse impacts of air pollution upon ecosystems in accordance with the requirements laid down in Annex V.


1.   Member States shall 
monitor the
 adverse impacts of air pollution upon ecosystems in accordance with the requirements laid down in Annex V.





Amendment 70


Proposal for a directive


Article 8 — paragraph 2








Text proposed by the Commission




Amendment





2.   Member States shall
, where appropriate,
 coordinate the monitoring of air pollution impacts with other monitoring programmes established by virtue of Union legislation, including Directive 2008/50/EC and Directive 2000/60/EC of the European Parliament and of the Council (30).


2.   Member States shall coordinate the monitoring of air pollution impacts with other monitoring programmes established by virtue of Union legislation, including Directive 2008/50/EC and Directive 2000/60/EC of the European Parliament and of the Council (30).





Amendment 71


Proposal for a directive


Article 9 — paragraph 1 — subparagraph 1








Text proposed by the Commission




Amendment





1.   Member States shall provide their national air pollution control programme to the Commission 
[within three months of the date referred to in Article 17, date to be inserted by OPOCE]
 and updates every two years thereafter.


1.   Member States shall provide their national air pollution control programme to the Commission 
by …

 (*2) and updates every two years thereafter.





Amendment 72


Proposal for a directive


Article 9 — paragraph 1 — subparagraph 2








Text proposed by the Commission




Amendment





Where a national air pollution control programme is updated under Article 6(4), the Member State concerned shall 
inform the Commission thereof
 within two months.


Where a national air pollution control programme is updated under Article 6(4), the Member State concerned shall 
communicate the updated programme to the Commission
 within two months.





Amendment 73


Proposal for a directive


Article 9 — paragraph 2 — subparagraph 1








Text proposed by the Commission




Amendment





2.   Member States shall from 2017 communicate their national emission inventories, emission projections, spatially disaggregated emission inventories, large point source inventories and reports referred to in Article 7(1), (2) and (3) and, where relevant, Article 7
(4),
 (5) and (6), to the Commission and to the European Environmental Agency in accordance with the reporting dates set out in Annex I.


2.   Member States shall from 2017 communicate their national emission inventories, emission projections, spatially disaggregated emission inventories, large point source inventories and reports referred to in Article 7(1), (2) and (3) and, where relevant, Article 7 (5) and (6), to the Commission and to the European Environmental Agency in accordance with the reporting dates set out in Annex I.





Amendment 134


Proposal for a directive


Article 9 — paragraph 3








Text proposed by the Commission




Amendment







3.
   
Member States shall report their national emissions and projections for CH4 in accordance with Regulation (EU) No 525/2013 of the European Parliament and of the Council (31).






deleted







Amendment 74


Proposal for a directive


Article 9 — paragraph 4 — introductory part








Text proposed by the Commission




Amendment





4.   The Commission, assisted by the European Environment Agency and the Member States shall regularly review the national emission inventory data. This review shall involve the following:


4.   The Commission, assisted by the European Environment Agency and the Member States shall regularly review the national emission inventory data 
and national air pollution control programmes
. This review shall involve the following:





Amendment 75


Proposal for a directive


Article 9 — paragraph 4 — point c a (new)








Text proposed by the Commission




Amendment





 










(ca)






checks to verify that national air pollution control programmes satisfy the requirements under Article 6.











Amendment 76


Proposal for a directive


Article 9 — paragraph 4 — subparagraph 1 a (new)








Text proposed by the Commission




Amendment





 




The results of the Commission review shall be made publicly available, in accordance with Article 11.







Amendment 77


Proposal for a directive


Article 10 — paragraph 1 — subparagraph 1








Text proposed by the Commission




Amendment





1.   The Commission shall, every 
five years at least,
 report to the European Parliament and the Council on the progress on 
implementing
 this Directive, 
including an assessment of its contribution to the achievement of the objectives of this Directive.




1.   The Commission shall, every 
30 months starting from …

 (*3)

present a
 report to the European Parliament and the Council on 
the implementation of
 this Directive. 
In doing so, the Commission shall assess:






 










(a)






its contribution and Members States’ efforts, to achieving the objectives of this Directive;










 










(b)






the progress in the reduction of air pollutants’ emissions up to 2025 and 2030;










 










(c)






the progress towards achieving the long term objectives of air quality aims established in the seventh Environment Action Programme;










 










(d)






whether the critical loads and levels and World Health Organisation air pollution guide values are exceeded; and










 










(e)






Member States' uptake of available EU funding, where such funding has been used to target air pollution reduction.











Amendment 78


Proposal for a directive


Article 10 — paragraph 1 — subparagraph 1 a (new)








Text proposed by the Commission




Amendment





 




When reporting on Member States’ emission reductions for the year 2020, 2025 and 2030
, 
the Commission shall include the reasons for non-achievement, where applicable.







Amendment 79


Proposal for a directive


Article 10 — paragraph 1 — subparagraph 1 b (new)








Text proposed by the Commission




Amendment





 




Where the report indicates that Member States are unable to comply with Union law and the air quality limit values laid down in Directive 2008/50/EC, the Commission shall:






 










(a)






assess whether the non-achievement is the result of ineffective EU source-based air pollution policy, including its implementation at Member State level,










 










(b)






consult with the Committee referred to in Article 14 and identify where there is a need for new source legislation and, where appropriate, present legislative proposals so to ensure compliance with the targets of this Directive. Any such proposal shall be supported by a robust impact assessment and reflect the latest scientific data.











Amendment 80


Proposal for a directive


Article 10 — paragraph 1 — subparagraph 2








Text proposed by the Commission




Amendment







The Commission shall in any case report as above for the year 2025, and shall also include information
 on the 
achievement of the intermediate emission levels referred to in Article 4 paragraph 2 and the reasons for any non-achievement. It shall identify the need for further action
 also considering the sectorial impacts of implementation.




On the basis of these reports, the Commission shall, together with Member States, identify the need for further action to be taken, including at national level,
 also considering the sectorial impacts of implementation.





Amendment 81


Proposal for a directive


Article 10 — paragraph 2








Text proposed by the Commission




Amendment





2.   The reports referred to in paragraph 1 
may
 include an evaluation of the environmental and socioeconomic impacts of this Directive.


2.   The reports referred to in paragraph 1 
shall
 include an evaluation of the 
health,
 environmental, and socioeconomic impacts of this Directive
, including the impact on Member State health systems and the cost of non-implementation
. 
The Commission shall make those reports publicly available.







Amendment 152


Proposal for a directive


Article 10 — paragraph 2a (new)








Text proposed by the Commission




Amendment





 




2a.
   
The Commission shall also carry out an impact assessment on Mercury (Hg) before a national emission reduction commitment is determined and, if necessary, submit a new legislative proposal.







Amendment 82


Proposal for a directive


Article 10 a (new)








Text proposed by the Commission




Amendment





 




Article 10a




European Clean Air Forum




The Commission shall set up a European Clean Air Forum to facilitate the coordinated implementation of the Clean Air Programme and bring together all relevant actors including the Member States’ competent authorities at all relevant levels, the Commission, industry, civil society, and the scientific community every two years. The Clean Air Forum shall oversee the establishment of guidance on the elaboration and implementation of national air pollution control programmes, the evolution of the emissions reduction paths, including the assessment of the reporting requirements.







Amendment 83


Proposal for a directive


Article 11 — paragraph 1 — point b a (new)








Text proposed by the Commission




Amendment





 










(ba)






progress by Member States in achieving the country's specific 2025 and 2030 binding air pollution targets for each pollutant.











Amendment 84


Proposal for a directive


Article 11 — paragraph 1 — point b b (new)








Text proposed by the Commission




Amendment





 










(bb)






the results of the review referred to in Article 9(4).











Amendment 85


Proposal for a directive


Article 11 — paragraph 2 a (new)








Text proposed by the Commission




Amendment





 




2a.
   
Member States shall ensure that the public concerned have access to administrative or judicial procedures to challenge acts and omissions by competent authorities or private persons which do not comply with this Directive.




Such procedures shall provide adequate and effective remedies, including interim relief as appropriate, and be fair, equitable, timely and not prohibitively expensive.




Member States shall ensure that information on how to access such procedures is made publicly available and shall consider the establishment of appropriate assistance mechanisms to remove or reduce financial and other barriers to access to justice.







Amendment 127


Proposal for a directive


Article 11 — paragraph 2 b (new)








Text proposed by the Commission




Amendment





 




2b.
   
Based on the reports referred to in Article 10(1), the Commission shall, as regards NH3, assess existing legally binding national emission reduction commitments on the basis of the latest scientific evidence, taking into account Member States' achievements under Directive 2001/81/EC and the Protocol to the 1979 Convention on Long-Range Transboundary Air Pollution to Abate Acidification, Eutrophication and Ground-level Ozone.




By 2022, the Commission shall assess progress towards the commitments under this Directive, taking into account, inter alia:










(a)






UNECE Guidance Document for Preventing and Abating Ammonia Emissions, the UNECE Framework Code for Good Agricultural Practice for Reducing Ammonia Emissions, as revised in 2014, and the Best Available Techniques (BAT) as defined in Article 3(10) in Directive 2010/75/EU of the European Parliament and of the Council;














(b)






agri-environment measures under the Common Agricultural Policy;














(c)






revisions of all relevant air quality legislation including, inter alia, those referred to under Article 3 (12a) of this Directive.








If appropriate, the Commission shall present legislative proposals for targets for the period after 2030 for improving air quality standards.







Amendment 86


Proposal for a directive


Article 11 a (new)








Text proposed by the Commission




Amendment





 




Article 11a




Based on the reports referred to in Article 10(1), the Commission shall review this Directive no later than 2025 with a view to safeguarding progress towards achieving the World Health Organisation's recommended air quality levels and the long term vision as set out in the seventh Environment Action Programme. In particular, the Commission shall, if appropriate, and taking into account scientific and technological progress, propose changes to the national emissions reduction commitments in Annex II;




On the basis of the regular reports referred to in to in Article 10(1) the Commission shall consider measures for reducing emissions from international shipping particularly in Member States' territorial waters and exclusive economic zones, and, if appropriate, submit a legislative proposal.







Amendment 87


Proposal for a directive


Article 12








Text proposed by the Commission




Amendment





The Union and the Member States, as appropriate, shall pursue bilateral and multilateral cooperation with third countries and coordination within relevant international organisations such as the United Nations Environment Programme (UNEP), United Nations Economic Commission for Europe (UNECE), the International Maritime Organization (IMO) and the International Civil Aviation Organization (ICAO), including through the exchange of information, concerning technical and scientific research and development, with the aim of improving the basis for emission reductions.


The Union and the Member States, as appropriate, shall pursue bilateral and multilateral cooperation with third countries and coordination within relevant international organisations such as the United Nations Environment Programme (UNEP), United Nations Economic Commission for Europe (UNECE), 
the Food and Agriculture Organization of the United Nations (FAO),
 the International Maritime Organization (IMO) and the International Civil Aviation Organization (ICAO), including through the exchange of information, concerning technical and scientific research and development, with the aim of improving the basis for emission reductions. 
Member States shall conduct cross-border consultations on mutual threats posed by emissions from adjacent industrial regions in those countries and the Member States concerned shall develop joint plans to eliminate or reduce those emissions.







Amendment 88


Proposal for a directive


Article 13 — paragraph 2








Text proposed by the Commission




Amendment





2.   
The delegation of power
 referred to in Articles 6(7), 7(9) and 8(3) shall be conferred on the Commission for 
an indeterminate
 period of 
time from
 the date of entry into force of this Directive.


2.   
The power to adopt delegated acts
 referred to in Articles 6(7), 7(9) and 8(3) shall be conferred on the Commission for 
a
 period of 
5 years from …

 (*4)

. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of five-year period. The delegation of power shall be tacitly extended for periods of identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.







Amendment 89


Proposal for a directive


Article 15








Text proposed by the Commission




Amendment





Member States shall lay down the rules on the penalties applicable to infringements of the national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive.


Member States shall lay down the rules on the penalties applicable to infringements of the national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. 
Member States shall notify the Commission of those measures no later than …

 (*5)

and shall notify it without delay of any subsequent amendment thereto.







Amendment 90


Proposal for a directive


Article 15 — paragraph 1 a (new)








Text proposed by the Commission




Amendment





 




Without prejudice to paragraph 1, Member States shall not pass on the burden of compliance to authorities which do not have the strategic powers to comply with the requirements of the Directive.







Amendment 125


Proposal for a directive


Article 16 — introductory part








Text proposed by the Commission




Amendment





In Annex I of Directive 2003/35/EC, the following 
letter
 (g) shall be added:


In Annex I of Directive 2003/35/EC, the following 
letters
 (g) 
and (h)
 shall be added:





Amendment 126


Proposal for a directive


Article 16 — point 1 a (new)








Text proposed by the Commission




Amendment





 











‘(h)






Article 23 of 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.’












Amendment 135


Proposal for a directive


Annex I — table A — row 4


Text proposed by the Commission











Total national emissions by source category










—




CH4











Annual, from 2005 to reporting year minus 2 (X-2)






15/02****








Amendment



deleted



Amendment 91


Proposal for a directive


Annex I — table A — row 5


Text proposed by the Commission









Preliminary national emissions by aggregated NFR(2)









—


SO2, NOX, NH3, NMVOC, PM2,5 









Annual
, for reporting year minus 1 (X-1)




30/09







Amendment









Preliminary national emissions by aggregated NFR(2)









—


SO2, NOX, NH3, NMVOC, PM2,5 









every two years
, for reporting year minus 1 (X-1)




31/12







Amendment 136


Proposal for a directive


Annex I — table C — row 5


Text proposed by the Commission











Projected emissions by aggregated source category










—




CH4











Biennial reporting, covering every year from year X up to 2030 and, where available, 2040 and 2050






15/03







Amendment



deleted



Amendment 95


Proposal for a directive


Annex III — part 1 — section A — point 1 — point a








Text proposed by the Commission




Amendment











(a)


nitrogen management, taking into account the full nitrogen cycle;












(a)


nitrogen management, taking into account the full nitrogen cycle, 
and consideration of the establishment of soil and nutrient management plans
;









Amendment 96


Proposal for a directive


Annex III — part 1 — section A — point 1 — point c








Text proposed by the Commission




Amendment











(c)


low-emission manure spreading approaches;












(c)


low-emission manure spreading approaches 
and techniques including separation into liquids and solids
;









Amendment 97


Proposal for a directive


Annex III — part 1 — section A — point 1 — point e








Text proposed by the Commission




Amendment











(e)


low-emission manure processing and composting systems;












(e)


low-emission manure processing and composting systems 
including separation into liquids and solids
;









Amendment 98


Proposal for a directive


Annex III — part 1 — section A — point 1 — point g a (new)








Text proposed by the Commission




Amendment





 










(ga)






promotion of grazing and extensive farming and enhancing the pasture biodiversity in plant with high level of amino acids such as clover, alfalfa and cereals;











Amendment 99


Proposal for a directive


Annex III — part 1 — section A — point 1 — point g b (new)








Text proposed by the Commission




Amendment





 










(gb)






promotion of crop rotation that includes nitrogen fixing crops;











Amendment 100


Proposal for a directive


Annex III — part 1 — section A — point 1 — point g c (new)








Text proposed by the Commission




Amendment





 










(gc)






promotion of agroecological farming that leads to agricultural systems with high biodiversity, resource efficiency and reduced or ideally no dependency on chemical inputs.











Amendment 101


Proposal for a directive


Annex III — part 1 — section A — point 3 — point d








Text proposed by the Commission




Amendment











(d)


inorganic fertilisers shall be spread in line with the foreseeable requirements of the receiving crop or grassland with respect to nitrogen and phosphorus, also taking into account the existing nutrient content in the soil and the nutrients from other fertilizers.












(d)


inorganic fertilisers shall 
as far as possible be replaced by organic fertilisers. Where inorganic fertilisers continue to be applied, they shall
 be spread in line with the foreseeable requirements of the receiving crop or grassland with respect to nitrogen and phosphorus, also taking into account the existing nutrient content in the soil and the nutrients from other fertilizers.









Amendment 108


Proposal for a directive


Annex III — part 1 — section A a (new)








Text proposed by the Commission




Amendment





 










Aa.





Measures to control emissions of nitrogen oxides and particulate matter in urban areas









 




In consultation with local and regional authorities, Member States shall consider the following measures:






 








—




sustainable urban mobility plans including measures such as low emission zones, congestion pricing, parking controls, speed limits, car sharing schemes and roll-out of alternative charging infrastructure;










 








—




promotion of modal shift to increase the use of cycling, walking and public transport;










 








—




sustainable urban freight plans such as the introduction of consolidation centres plus measures to encourage a shift of regional freight from road to electric rail and water;










 








—




using the planning system to address emissions from new development and boiler systems; retrofit energy efficiency measures to existing buildings;










 








—




retrofitting schemes to promote the replacement of old domestic combustion installations with better home insulation, heat pumps, light fuel oil, new wood pellet installations, district heating or gas;










 








—




economic and fiscal incentives to encourage the uptake of low emitting heating appliances;










 








—




banning of solid-fuel burning in residential areas and other sensitive areas to protect the health of vulnerable groups including children;










 








—




ensure emissions from construction are minimised by introducing and enforcing policies to reduce and monitor construction dust, and set emissions limits for Non Road Mobile Machinery (NRMM)










 








—




revision of vehicle taxation rates in recognition of the higher real-world emissions from diesel cars and gasoline direct injection vehicles to encourage sales of less polluting vehicles;










 








—




public procurement and fiscal incentives to encourage early uptake of ultra-low emission vehicles;










 








—




support for retrofit of UNECE REC Class IV particulate filters on diesel machines, trucks, buses and taxis;










 








—




regulate emissions from construction machines and other non-road mobile machinery operating in densely populated areas (including through the retrofit);










 








—




awareness raising campaigns and alerts.











Amendment 109


Proposal for a directive


Annex III — part 1 — section C a (new)








Text proposed by the Commission




Amendment





 










Ca.





Emission reduction measures to restrict hydrocarbon emissions









 




Member States shall reduce emissions of non-methane volatile organic compounds (NMVOC) by promoting the use of modern emission-free tube technologies that are used in various sectors.







Amendment 110


Proposal for a directive


Annex III — part 2 — point 1 — point a — point i








Text proposed by the Commission




Amendment











(i)


the policy priorities and their relationship to priorities set in other relevant policy areas, including climate change;












(i)


the policy priorities and their relationship to priorities set in other relevant policy areas, including 
agriculture, rural economic, industrial, mobility and transport, conservation of nature and
 climate change;









Amendment 111


Proposal for a directive


Annex III — part 2 — point 1 — point b








Text proposed by the Commission




Amendment











(b)


the policy options considered to meet the emission reduction commitments for 2020 
and 2030 onwards and the intermediate emission levels determined for 2025 and
 to contribute to further improve the air quality, and their analysis, including the method of analysis; the individual or combined impacts of the polices and measures on emission reductions, air quality and the environment; and the associated uncertainties;












(b)


the policy options considered to meet the emission reduction commitments for 2020
, 2025 and 2030
 to contribute to further improve the air quality, and their analysis, including the method of analysis; the individual or combined impacts of the policies and measures on emission reductions, air quality and the environment; and the associated uncertainties;









Amendment 112


Proposal for a directive


Annex III — part 2 — point 1 — point d








Text proposed by the Commission




Amendment











(d)




where relevant,
 an explanation of the 
reasons why the intermediate emission levels for 2025 cannot be met without
 measures 
entailing disproportionate costs
;












(d)


an explanation of the measures 
taken to achieve national emission reduction commitments
;









Amendment 113


Proposal for a directive


Annex III — part 2 — point 1 — point d a (new)








Text proposed by the Commission




Amendment





 










(da)






an explanation of the methodology used to ensure that measures to achieve national reduction commitments for PM2,5  prioritise reduction of black carbon emissions;











Amendment 114


Proposal for a directive


Annex III — part 2 — point 1 — point e








Text proposed by the Commission




Amendment











(e)


an assessment of how selected policies and measures ensure coherence with plans and programmes set up in other relevant policy areas.












(e)


an assessment of how selected policies and measures ensure coherence with plans and programmes set up in other relevant policy areas 
in particular, but not limited to, air quality plans under Directive 2008/50/EC, transitional national plans and inspection plans under Directive 2010/75/EU, national energy efficiency action plans under Directive 2012/27/EU, national renewable energy action plans under Directive 2009/28/EC, and relevant plans or programmes subject to the requirements of Directive 2001/42/EC or equivalent provisions in successor legislation
.









Amendment 115


Proposal for a directive


Annex III — part 2 — point 2 — point a








Text proposed by the Commission




Amendment











(a)


an assessment of the progress made with implementation of the programme, the reduction of emissions 
and
 the reduction of concentrations;












(a)


an assessment of the progress made with implementation of the programme, the reduction of emissions, the reduction of concentrations 
and associated environmental, public health and socio-economic benefits
;









Amendment 116


Proposal for a directive


Annex III — part 2 — point 2 — point b








Text proposed by the Commission




Amendment











(b)


any significant changes in the policy context, assessments, the programme or the implementation time table.












(b)


any significant changes in the policy context, assessments 
(including the results of the inspections and market surveillance carried out in accordance with Article 6(2b),
 the programme or the implementation time table.









Amendment 117


Proposal for a directive


Annex III — part 2 — point 2 — point b a (new)








Text proposed by the Commission




Amendment





 










(ba)






an assessment of the progress made towards the achievement of the Union's long-term health and environmental objectives, in light of any necessary update of those objectives, including any new air quality guidelines set by the World Health Organisation;











Amendment 118


Proposal for a directive


Annex III — part 2 — point 2 — point b b (new)








Text proposed by the Commission




Amendment





 










(bb)






Where a national air pollution control programme is updated in accordance with Article 6(4), it must include information on all additional air pollution abatement measures that have been considered at appropriate local, regional or national level for implementation in connection with the attainment of emission reduction commitments and air quality objectives, including those outlined in Annex III of this Directive and paragraph 3 of Annex XV (B) to Directive 2008/50/EC.












(1)  The matter was referred back to the committee responsible for reconsideration pursuant to Rule 61(2), second subparagraph (A8-0249/2015).

(18)  Proposal for a Decision of the European Parliament and of the Council on a General Union Environment Action Programme to 2020 ‘Living well, within the limits of our planet’, COM(2012)0710, 29.11.2012.

(18)  Proposal for a Decision of the European Parliament and of the Council on a General Union Environment Action Programme to 2020 ‘Living well, within the limits of our planet’, COM(2012)0710, 29.11.2012.

(1a)  
Directive 2012/33/EU of the European Parliament and of the Council of 21 November 2012 amending Council Directive 1999/32/EC as regards the sulphur content of marine fuels (OJ L 327, 27.11.2012, p. 1).



(21)  
Council Directive 1999/32/EC of 26 April 1999 relating to a reduction in the sulphur content of certain liquid fuels and amending Directive 93/12/EEC (OJ L 121, 11.5.1999, p. 13).



(22)  Decision no 406/2009/EC of the European Parliament and of the Council of 23 April 2009 on the effort of Member States to reduce their greenhouse gas emissions to meet the Community’s greenhouse gas emission reduction commitments up to 2020 (OJ L 140, 5.6.2009, p. 136).

(22)  Decision no406/2009/EC of the European Parliament and of the Council of 23 April 2009 on the effort of Member States to reduce their greenhouse gas emissions to meet the Community’s greenhouse gas emission reduction commitments up to 2020 (OJ L 140, 5.6.2009, p. 136).

(23)  Directive 2008/50/EC of the European Parliament and of the Council of 21 May 2008 on ambient air quality and cleaner air in Europe (OJ L 152, 11.6.2008, p. 1).

(23)  Directive 2008/50/EC of the European Parliament and of the Council of 21 May 2008 on ambient air quality and cleaner air in Europe (OJ L 152, 11.6.2008, p. 1).

(26)  Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003 providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment and amending with regard to public participation and access to justice Council Directives 85/337/EEC and 96/61/EC (OJ L 156, 25.6.2003, p. 17).

(26)  Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003 providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment and amending with regard to public participation and access to justice Council Directives 85/337/EEC and 96/61/EC (OJ L 156, 25.6.2003, p. 17).

(1a)  
European Parliament and Council Directive 94/63/EC of 20 December 1994 on the control of volatile organic compound (VOC) emissions resulting from the storage of petrol and its distribution from terminals to service stations (OJ L 365, 31.12.1994, p. 24).



(1b)  
Directive 97/68/EC of the European Parliament and of the Council of 16 December 1997 on the approximation of the laws of the Member States relating to measures against the emission of gaseous and particulate pollutants from internal combustion engines to be installed in non-road mobile machinery (OJ L 59, 27.2.1998, p. 1).



(1c)  
Directive 98/70/EC of the European Parliament and of the Council of 13 October 1998 relating to the quality of petrol and diesel fuels and amending Council Directive 93/12/EEC (OJ L 350, 28.12.1998, p. 58).



(1d)  
Council Directive 1999/32/EC of 26 April 1999 relating to a reduction in the sulphur content of certain liquid fuels and amending Directive 93/12/EEC (OJ L 121, 11.5.1999, p. 13).



(1e)  
Directive 2009/126/EC of the European Parliament and of the Council of 21 October 2009 on Stage II petrol vapour recovery during refuelling of motor vehicles at service stations (OJ L 285, 31.10.2009, p. 36).



(1f)  
Directive 2004/42/EC of the European Parliament and of the Council of 21 April 2004 on the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain paints and varnishes and vehicle refinishing products and amending Directive 1999/13/EC (OJ L 143, 30.4.2004, p. 87).



(1 g)  
Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (Framework Directive) (OJ L 263, 9.10.2007, p. 1).



(1h)  
Regulation (EC) No 715/2007 of the European Parliament and of the Council of 20 June 2007 on type approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information (OJ L 171, 29.6.2007, p. 1).



(1i)  
Regulation (EC) No 79/2009 of the European Parliament and of the Council of 14 January 2009 on type-approval of hydrogen-powered motor vehicles, and amending Directive 2007/46/EC (OJ L 35, 4.2.2009, p. 32).



(1j)  
Regulation (EC) No 595/2009 of the European Parliament and of the Council of 18 June 2009 on type-approval of motor vehicles and engines with respect to emissions from heavy duty vehicles (Euro VI) and on access to vehicle repair and maintenance information and amending Regulation (EC) No 715/2007 and Directive 2007/46/EC and repealing Directives 80/1269/EEC, 2005/55/EC and 2005/78/EC (OJ L 188, 18.7.2009, p. 1).



(1k)  
Regulation (EC) No 661/2009 of the European Parliament and of the Council of 13 July 2009 concerning type-approval requirements for the general safety of motor vehicles, their trailers and systems, components and separate technical units intended therefor (OJ L 200, 31.7.2009, p. 1).



(1l)  
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).



(1m)  
Regulation (EU) No 167/2013 of the European Parliament and of the Council of 5 February 2013 on the approval and market surveillance of agricultural and forestry vehicles (OJ L 60, 2.3.2013, p. 1).



(1n)  
Regulation (EU) No 168/2013 of the European Parliament and of the Council of 15 January 2013 on the approval and market surveillance of two- or three-wheel vehicles and quadricycles (OJ L 60, 2.3.2013, p. 52).



(1o)  
Directive 2014/94/EU of the European Parliament and of the Council of 22 October 2014 on the deployment of alternative fuels infrastructure (OJ L 307, 28.10.2014, p. 1).



(*1)  
Two years from the date of transposition of this Directive.



(30)  Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ L 327, 22.12.2000, p. 1)

(30)  Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ L 327, 22.12.2000, p. 1)

(*2)  
Six months after entry into force of this Directive.



(31)  
Regulation (EU) No 525/2013 of the European Parliament and of the Council of 21 May 2013 on a mechanism for monitoring and reporting greenhouse gas emissions and for reporting other information at national and Union level relevant to climate change and repealing Decision No 280/2004/EC (OJ L 165, 18.6.2013, p. 13).



(*3)  
Date of entry into force of this Directive.



(*4)  Date of entry into force of this Directive.

(*5)  
Date of entry into force of this Directive.