(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.

(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.

(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.

(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 .

(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.

(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.

(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 .

(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.

(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).

(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.

(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.

(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.

(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.

(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.

(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.

(15b)

(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’.

(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.

(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.

(26a)

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

(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.

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;

3a.

3b.

4a.

4b.

6a.

9.

12a.

—

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) .

12b.

(d)

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

(d)

emissions from international maritime traffic.

(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.

(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;

(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;

(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;

(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;

(bb)

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

(bc)

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

(ca)

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

(cb)

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

(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.

(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.

(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.

(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.

(ca)

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

(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.

(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.

(ba)

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

(bb)

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

(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.

—

CH4

—

SO2, NOX, NH3, NMVOC, PM2,5

—

SO2, NOX, NH3, NMVOC, PM2,5

—

CH4

(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 ;

(c)

low-emission manure spreading approaches;

(c)

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

(e)

low-emission manure processing and composting systems;

(e)

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

(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;

(gb)

promotion of crop rotation that includes nitrogen fixing crops;

(gc)

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

(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.

Aa.

—

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.

Ca.

(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;

(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;

(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 ;

(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;

(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 .

(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 ;

(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.

(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;

(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.