51995AP0116

A4-0116/95

Proposal for a Council Directive on ambient air quality assessment and management (COM(94)0109 - C4-0112/94 - 94/0106(SYN))

The proposal was approved with the following amendments:

(Amendment 1)

Article 2(6)

>Original text>

6. 'limit value' means a quality objective fixed with the aim of preventing harmful effects on environment and/or health which shall not be exceeded and beyond which actions shall be taken by the Member States as laid down in this Directive;

>Text following EP vote>

6. 'limit value' means a quality objective fixed with the aim of preventing harmful effects on environment and/or health, according to the 'critical load concept', which shall not be exceeded and beyond which actions shall be taken by the Member States as laid down in this Directive;

(Amendment 38)

Article 2(6a) (new)

>Text following EP vote>

6a. 'maximum allowable immission level' means the level of a certain pollutant, the effects of which when ingested or deposited are not detrimental to humans, animals, plants or goods, according to the 'critical load concept';

(Amendment 37)

Article 2(6b) (new)

>Text following EP vote>

6b. 'critical load concept' means either: The highest load that will not cause chemical changes leading to long-term harmful effects on the most sensitive ecological systems for acid deposition, or, for gaseous pollutants, the concentration of pollutants in the atmosphere above which direct adverse effects on receptors, such as plants, ecosystems or materials, may occur, according to present knowledge;

(Amendment 3)

Article 3, second paragraph (new)

>Text following EP vote>

At the same time as informing the Commission as above, the Member States shall also make all the above information available to the public by every appropriate means.

(Amendment 39)

Article 4(1)

>Original text>

1. For those substances listed in Annex I, the Commission, after consultations with the advisory Committee referred to in Article 12, shall submit to the Council proposals for the setting of the ambient air quality objectives according to the following timetable:

>Text following EP vote>

1. For those substances listed in Annex I, the Commission, after consultations with the advisory Committee referred to in Article 12, shall submit to the Council and the European Parliament proposals for the setting of the ambient air quality objectives and maximum allowable immission levels according to the following timetable:

>Original text>

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

>Text following EP vote>

- no later than 31 December 1996 for substances under 1;

>Original text>

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

>Text following EP vote>

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

>Original text>

- as soon as possible and no later than 31 December 1999 for substances 7 to 14.

>Text following EP vote>

- as soon as possible and no later than 31 December 1999 for substances under 2.

>Original text>

For the other substances not listed in Annex I, the Commission shall submit to the Council proposals for limit values and alert thresholds if, on the basis of scientific progress and taking into account the guidelines in Annex II, the environment and/or human health in the European Community have to be protected against their effects; these proposals will be made after consultations with the advisory Committee.

>Text following EP vote>

For the other substances not listed in Annex I, the Commission shall submit to the Council and the European Parliament proposals for limit values, maximum allowable immission levels and alert thresholds if, on the basis of scientific progress and taking into account the guidelines in Annex II, the environment and/or human health in the European Union have to be protected against their effects; these proposals will be made after consultations with the advisory Committee.

(Amendment 5)

Article 4(1a) (new)

>Text following EP vote>

1a. The Commission shall ensure that the quality objectives (limit values and alert thresholds) referred to above are reviewed at regular intervals, taking account of the most recent developments in scientific research in the relevant epidemiological fields, and the most recent advances in measuring techniques.

(Amendment 6)

Article 4(1b) (new)

>Text following EP vote>

1b. The Commission shall, as soon as possible, set air quality objectives in relation to other pollutants listed under the third priority in Annex I.

(Amendment 7)

Article 4(1c) (new)

>Text following EP vote>

1c. The Commission shall subsequently carry out studies to analyze the combined effects of various pollutants or sources of pollution, and the effect of climate on the activity of the various pollutants examined in the context of this Directive.

(Amendment 8)

Article 4(2)(a), third indent a (new)

>Text following EP vote>

- the sampling techniques and sampling points

(Amendment 9)

Article 4(3), first subparagraph

>Original text>

3. If necessary and in order to take into account the existing levels of a given pollutant at the time of setting quality objectives as well as the time needed to implement measures aiming at improving the ambient air quality, a temporary permitted margin of exceedance shall also be set by the Council for the limit value.

>Text following EP vote>

3. If necessary and in order to take into account the existing levels of a given pollutant at the time of setting quality objectives as well as the time needed to implement measures aiming at improving the ambient air quality, a temporary permitted margin of exceedance shall also be set by the Council for the limit value. This shall not exceed 5 years.

(Amendment 10)

Article 4(4)

>Original text>

4. When a Member State sets more stringent objectives than those agreed by the Council, it shall inform the Commission thereof.

>Text following EP vote>

4. When a Member State sets more stringent objectives than those agreed by the Council, it shall inform the Commission and the European Environment Agency thereof.

(Amendment 11)

Article 4(5)

>Original text>

5. When a Member State intends to set quality objectives for substances not covered by ambient air quality objectives of the European Community, it shall, before implementing these, inform in due time the Commission in order to allow examination of the need to act at Community level following the guidelines in Annex II.

>Text following EP vote>

5. When a Member State intends to set quality objectives for substances not covered by ambient air quality objectives of the European Community, it shall, before implementing these, inform in due time the Commission and the European Environment Agency. The Commission, after consultations and examination with the advisory Committee referred to in Article 12, shall reply in due time, indicating the extent to which there is a need to act at Community level following the guidelines in Annex II.

(Amendment 12)

Article 5(2)

>Original text>

2. Measurement is mandatory in the following areas:

>Text following EP vote>

2. Measurement is mandatory in the following areas:

>Original text>

- agglomerations of more than 250 000 inhabitants with a population density of more than 1000 inhabitants/km2,

>Text following EP vote>

- agglomerations of more than 100 000 inhabitants,

>Original text>

- areas of poor or improving air quality.

>Text following EP vote>

- areas of poor or improving air quality,

>Text following EP vote>

- areas with a high density of industrial activity and consumption of mineral fuels.

(Amendment 13)

Article 7(1)

>Original text>

1. Member States shall take appropriate measures to ensure that, within the time limits which will be fixed in the Acts referred to in Article 4, the limit values set at Community level are not exceeded.

>Text following EP vote>

1. Member States shall take appropriate measures to ensure that, within the time limits which will be fixed in the Acts referred to in Article 4, the limit values set at Community level are not exceeded. The Member States shall take such measures in conjunction with granting permits for industrial installations, taking into account the forthcoming directive on an integrated pollution prevention and control system.

(Amendment 14)

Article 7(2)

>Original text>

2. Member States shall make short term plans for actions to be taken in cases when an exceedance is forecast in order to reduce the likelihood of exceedance and to limit its duration.

>Text following EP vote>

2. Member States shall make short term plans for actions to be taken in cases when an exceedance is forecast in order to reduce the likelihood of exceedance and to limit its duration. Depending on the case, such plans shall include measures to suspend temporarily activities contributing to the exceedance of limit values as well as a ban on motor traffic.

(Amendment 15)

Article 7(3)(a), introduction

>Original text>

(a) Member States shall inform the Commission about:

>Text following EP vote>

(a) Member States shall inform the Commission and the European Environment Agency about:

(Amendment 16)

Article 7(3)(b), second subparagraph

>Original text>

This plan or programme, which has to be made available to the public, shall at least specify the information listed in Annex III.

>Text following EP vote>

This plan or programme, which has to be made available to the public, and to non-governmental environment organizations shall at least specify the information listed in Annex III.

(Amendment 17)

Article 7(3)(c)(i)

>Original text>

(i) send these plans or programmes to the Commission as soon as possible and at the latest within two years after the end of the year during which levels were observed;

>Text following EP vote>

(i) send these plans or programmes to the Commission as soon as possible and at the latest one year after the end of the year during which levels were observed;

(Amendment 18)

Article 8, second paragraph

>Original text>

The list of areas of improving air quality and information summarizing the levels assessed in these areas shall be transmitted to the Commission according to the requirements of Article 11.

>Text following EP vote>

The list of areas of improving air quality and information summarizing the levels assessed in these areas shall be transmitted to the Commission and the European Environment Agency according to the requirements of Article 11.

(Amendment 19)

Article 9

>Original text>

Areas of good air quality shall be notified to the Commission and information summarizing the levels assessed in these areas shall be transmitted to the Commission according to the provisions of Article 11.

>Text following EP vote>

Areas of good air quality shall be notified to the Commission and the European Environment Agency and information summarizing the levels assessed in these areas shall be transmitted to the Commission and the European Environment Agency according to the provisions of Article 11.

(Amendment 20)

Article 11(1), introduction

>Original text>

1. Member States shall provide to the Commission:

>Text following EP vote>

1. Member States shall provide to the Commission and the European Environment Agency:

(Amendment 21)

Article 12(1)

>Original text>

1. The Commission shall be assisted by a committee of an advisory nature composed of the representatives of the Member States and chaired by the representative of the Commission.

>Text following EP vote>

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

(Amendment 22)

Article 12(2)

>Original text>

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

>Text following EP vote>

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

(Amendment 23)

Article 12(4)

>Original text>

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

>Text following EP vote>

4. The Commission shall take the utmost account of the opinions delivered by the European Parliament and the committee. It shall inform the European Parliament and the committee of the manner in which their opinions have been taken into account.

(Amendment 24)

Annex I(1), title

>Original text>

1. Pollutants covered by EC Directives

>Text following EP vote>

1. Pollutants to be considered in the first stage including the pollutants covered by EC Directives

(Amendment 25)

Annex I(1)(6a) (new)

>Text following EP vote>

6a. Carbon monoxide (CO);

(Amendment 26)

Annex I(1)(6b) (new)

>Text following EP vote>

6b. Benzene (C6H6);

(Amendment 27)

Annex I(1)(6c) (new)

>Text following EP vote>

6c. Acid deposition;

(Amendment 28)

Annex I(1)(6d) (new)

>Text following EP vote>

6d. PM10;

(Amendment 29)

Annex I(2)(7)

>Original text>

7. Carbon monoxide (CO);

>Text following EP vote>

Deleted

(Amendment 30)

Annex I(2)(9)

>Original text>

9. Acid deposition;

>Text following EP vote>

Deleted

(Amendment 31)

Annex I(2)(10)

>Original text>

10. Benzine (C6H6);

>Text following EP vote>

Deleted

(Amendment 32)

Annex I(2)(14)

>Original text>

14. Nickel (Ni).

>Text following EP vote>

14. Nickel compounds of nickel classified carcinogenic in category L by Directive 67/548/EEC.

(Amendment 33)

Annex I(2)(14a) (new)

>Text following EP vote>

14a. Butadienne 1.3

(Amendment 34)

Annex I(2a) (new)

>Text following EP vote>

2a. Pollutants to be considered at a second stage:

- Dioxins

- VOC

- Methane

- Ammonia

- Nitric acid

- Poly-aromatic hydrocarbons in general.

(Amendment 35)

Annex II, after final paragraph (new)

>Text following EP vote>

Risk assessment methods may also be used.

(Amendment 36)

Annex III(6), first indent

>Original text>

- details of those factors responsible for the excess (transport, formation)

>Text following EP vote>

- details of those factors responsible for the excess (transport, including cross-border transport, formation)

Legislative resolution embodying the opinion of the European Parliament on the proposal for a Council Directive on ambient air quality assessment and management (COM(94)0109 - C4-0112/94 - 94/0106(SYN))

(Cooperation procedure: first reading)

The European Parliament,

- having regard to the Commission proposal to the Council, COM(94)0109 - 94/0106(SYN) ((OJ C 216, 6.8.1994, p. 4.)),

- having been consulted by the Council pursuant to Articles 189c and 130s(1) of the EC Treaty (C4-0112/94),

- having regard to Rule 58 of its Rules of Procedure,

- having regard to the report of the Committee on the Environment, Public Health and Consumer Protection and the opinion of the Committee on Budgets (A4-0116/95),

1. Approves the Commission proposal subject to Parliament's amendments;

2. Calls on the Commission to amend its proposal accordingly, pursuant to Article 189a(2) of the EC Treaty;

3. Calls on the Council to incorporate Parliament's amendments in the common position that it adopts in accordance with Article 189c(a) of the EC Treaty;

4. Asks to be consulted again should the Council intend to make substantial modifications to the Commission proposal;

5. Instructs its President to forward this opinion to the Council and Commission.