Legal provisions of COM(2022)542 - Ambient air quality and cleaner air for Europe (recast) - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2022)542 - Ambient air quality and cleaner air for Europe (recast). |
|---|---|
| document | COM(2022)542 |
| date | October 23, 2024 |
CHAPTER I
GENERAL PROVISIONS
Article 1
Objectives
1. This Directive sets out air quality provisions with the aim of achieving a zero-pollution objective, so that air quality within the Union is progressively improved to levels no longer considered harmful to human health, natural ecosystems and biodiversity, as defined by the best available and most up-to-date scientific evidence, thus contributing to a toxic-free environment at the latest by 2050.
2. This Directive lays down limit values, target values, average exposure reduction obligations, average exposure concentration objectives, critical levels, alert thresholds, information thresholds and long-term objectives. Such air quality standards, which are set out in Annex I, shall be regularly reviewed in accordance with Article 3, in line with WHO recommendations.
3. Furthermore, this Directive contributes to achieving the Union’s pollution-reduction, biodiversity and ecosystem objectives in accordance with the 8th Environment Action Programme, as well as enhanced synergies between the Union’s air quality policy and other relevant Union policies.
Article 2
Subject matter
This Directive lays down provisions in relation to the following:
| (1) | defining and establishing objectives for ambient air quality designed to avoid, prevent or reduce harmful effects on human health and the environment; |
| (2) | setting common methods and criteria to assess the ambient air quality in Member States; |
| (3) | monitoring current ambient air quality and long-term trends as well as impacts of Union and national measures on ambient air quality; |
| (4) | ensuring that information on ambient air quality is comparable across the Union and made available to the public; |
| (5) | maintaining air quality where it is good and improving it in other cases; |
| (6) | promoting increased cooperation between Member States and their competent authorities and bodies in reducing air pollution. |
Article 3
Regular review
1. By 31 December 2030 and every 5 years thereafter, and more often if substantial new scientific findings, such as revised WHO Air Quality Guidelines, point to the need for it, the Commission shall review the scientific evidence related to air pollutants and their effects on human health and the environment relevant to achieving the objectives set out in Article 1 and present a report with the main findings to the European Parliament and to the Council.
2. The review referred to in paragraph 1 shall assess whether applicable air quality standards continue to be appropriate to achieve the objective of avoiding, preventing or reducing harmful effects on human health and the environment and whether additional air pollutants should be covered.
In order to achieve the objectives set out in Article 1, the review shall assess options and timelines for the alignment of air quality standards with the most recent WHO Air Quality Guidelines and the most up-to-date scientific evidence.
The review shall also assess all other provisions of this Directive, including those on postponement of the attainment deadlines and on transboundary air pollution, and furthermore, it shall assess the most up-to-date scientific evidence, including, where applicable, on air pollutants measured at the monitoring supersites referred to in Article 10 but currently not included in Annex I.
For the purposes of the review, the Commission shall take into account, inter alia, the following:
| (a) | the latest scientific information from relevant Union bodies, international organisations, such as the WHO and the UNECE Convention on Long-range Transboundary Air Pollution, and other relevant scientific organisations; |
| (b) | behavioural changes, fiscal policies and technological developments impacting air quality and its assessment; |
| (c) | air quality situations and associated impacts on human health and the environment, including the effects of ozone on vegetation, in Member States; |
| (d) | direct and indirect healthcare and environmental costs associated with air pollution; |
| (e) | the nature and socioeconomic impacts of complementary actions to be implemented to achieve new objectives as well as a cost-benefit analysis of these actions; |
| (f) | progress made in implementing national and Union reduction measures for pollutants and improving air quality; |
| (g) | relevant source legislation at Union level for sectors and activities that contribute to air pollution, including progress made in implementing such legislation; |
| (h) | relevant information submitted for the purposes of the review to the Commission by Member States; |
| (i) | the introduction by individual Member States of more stringent air quality standards in accordance with Article 193 TFEU. |
3. The European Environment Agency shall assist the Commission in carrying out the review.
4. Where the Commission deems it necessary, as a result of the review, it shall present a proposal to revise air quality standards or to cover other air pollutants. Furthermore, where the Commission deems it necessary, it shall present proposals to introduce or revise any relevant source legislation in order to contribute to achieving the proposed revised air quality standards at Union level.
5. If the Commission identifies during the review that further measures are needed to achieve applicable air quality standards in a significant area of the Union territory, the Commission may propose further action to be taken at Union level.
Article 4
Definitions
For the purposes of this Directive, the following definitions apply:
| (1) | ‘ambient air’ means outdoor air in the troposphere, excluding workplaces as defined in Article 2 of Council Directive 89/654/EEC (19) where provisions concerning health and safety at work apply and to which members of the public do not have regular access; |
| (2) | ‘air quality standards’ means limit values, target values, average exposure reduction obligations, average exposure concentration objectives, critical levels, alert thresholds, information thresholds and long-term objectives; |
| (3) | ‘pollutant’ means any substance present in ambient air and likely to have harmful effects on human health or the environment; |
| (4) | ‘level’ means the concentration of a pollutant in ambient air or the deposition thereof on surfaces in a given time; |
| (5) | ‘total deposition’ means the total mass of pollutants which is transferred from the atmosphere to surfaces, such as soil, vegetation, water or buildings, in a given area within a given time; |
| (6) | ‘PM10’ means particulate matter which passes through a size-selective inlet as defined in the reference method for the sampling and measurement of PM10, EN 12341, with a 50 % efficiency cut-off at 10 μm aerodynamic diameter; |
| (7) | ‘PM2,5’ means particulate matter which passes through a size-selective inlet as defined in the reference method for the sampling and measurement of PM2,5, EN 12341, with a 50 % efficiency cut-off at 2,5 μm aerodynamic diameter; |
| (8) | ‘oxides of nitrogen’ means the sum of the volume mixing ratio (ppbv) of nitrogen monoxide (nitric oxide) and nitrogen dioxide expressed in units of mass concentration of nitrogen dioxide (μg/m3); |
| (9) | ‘arsenic’, ‘cadmium’, ‘lead’, ‘nickel’ and ‘benzo(a)pyrene’ mean the total content of these elements and compounds in the PM10 fraction; |
| (10) | ‘polycyclic aromatic hydrocarbons’ means those organic compounds, composed of at least two fused aromatic rings made entirely from carbon and hydrogen; |
| (11) | ‘total gaseous mercury’ means elemental mercury vapour (Hg0) and reactive gaseous mercury, i.e. water-soluble mercury species with sufficiently high vapour pressure to exist in the gas phase; |
| (12) | ‘volatile organic compounds’ or ‘VOC’ means organic compounds from anthropogenic and biogenic sources, other than methane, that are capable of producing photochemical oxidants by reactions with nitrogen oxides in the presence of sunlight; |
| (13) | ‘ozone precursor substances’ means substances which contribute to the formation of ground-level ozone; |
| (14) | ‘black carbon’ or ‘BC’ means carbonaceous aerosols measured by light absorption; |
| (15) | ‘ultrafine particles’ or ‘UFP’ means particles with a diameter less than or equal to 100 nm, where UFP are measured as the particle number concentrations per cubic centimetre for a size range with a lower limit of 10 nm and for a size range with no restriction on the upper limit; |
| (16) | ‘oxidative potential of particulate matter’ means a measure of the capacity of particulate matter to oxidise potential target molecules; |
| (17) | ‘zone’ means part of the territory of a Member State, as delimited by that Member State for the purposes of air quality assessment and management; |
| (18) | ‘average exposure territorial unit’ means a part of the territory of a Member State designated by that Member State for the purposes of determining the average exposure indicator, corresponding to a NUTS 1 or NUTS 2 region as set out in Regulation (EC) No 1059/2003 of the European Parliament and of the Council (20) or a combination of two or more adjacent NUTS 1 or NUTS 2 regions, provided that their total combined size is smaller than the entire territory of that Member State and not larger than 85 000 km2; |
| (19) | ‘agglomeration’ means a conurbation with a population in excess of 250 000 inhabitants or, where the population is 250 000 inhabitants or fewer, with a given population density per km2 to be established by the Member States; |
| (20) | ‘assessment’ means any method used to measure, calculate, predict or estimate levels; |
| (21) | ‘assessment threshold’ means the level that determines the required assessment regime to be used to assess ambient air quality; |
| (22) | ‘fixed measurements’ means measurements taken at sampling points, either continuously or by random sampling, at constant locations for at least 1 calendar year to determine the levels in accordance with the relevant data quality objectives; |
| (23) | ‘indicative measurements’ means measurements, taken either at regular intervals during a calendar year or by random sampling, to determine the levels in accordance with data quality objectives that are less strict than those required for fixed measurements; |
| (24) | ‘modelling application’ means application of a modelling system, understood as a chain of models and submodels, including all necessary input data, and any post-processing; |
| (25) | ‘objective estimation’ means information on the concentration or deposition level of a specific pollutant obtained through expert analysis and which can include use of statistical tools; |
| (26) | ‘spatial representativeness’ means an assessment approach whereby the air quality metrics observed at a sampling point are representative for an explicitly delineated geographical area to the extent that air quality metrics within that area do not differ from the metrics observed at the sampling point by more than a pre-defined tolerance level; |
| (27) | ‘air pollution hotspots’ means locations within a zone with the highest concentrations to which the population is likely to be directly or indirectly exposed for a period which is significant in relation to the averaging period of the limit values or target values, including where the pollution level is strongly influenced by the emissions from heavy pollution sources, such as nearby congested and heavily trafficked roads, a single industrial source or an industrial area with many sources, ports, airports, intensive residential heating, or a combination thereof; |
| (28) | ‘urban background locations’ means places in urban and suburban areas where levels are representative of the exposure of the general urban population; |
| (29) | ‘rural background locations’ means places in rural areas with low population density where levels are representative of the exposure of the general rural population, vegetation and natural ecosystems; |
| (30) | ‘monitoring supersite’ means a monitoring station at an urban background location or rural background location that combines multiple sampling points to gather long-term data on several pollutants; |
| (31) | ‘limit value’ means a level which is fixed on the basis of scientific knowledge, with the aim of avoiding, preventing or reducing harmful effects on human health or the environment, and which is to be attained within a given period and not to be exceeded once attained; |
| (32) | ‘target value’ means a level fixed on the basis of scientific knowledge, with the aim of avoiding, preventing or reducing harmful effects on human health or the environment, to be attained where possible over a given period; |
| (33) | ‘average exposure indicator’ or ‘AEI’ means an average level determined on the basis of measurements at urban background locations throughout the average exposure territorial unit or, if there is no urban area located in that territorial unit, at rural background locations, and which reflects population exposure, used to check whether the average exposure reduction obligation and the average exposure concentration objective for that territorial unit have been met; |
| (34) | ‘average exposure reduction obligation’ means a percentage reduction of the average exposure of the population, expressed as an average exposure indicator, of an average exposure territorial unit, set with the aim of reducing harmful effects on human health, to be attained over a given period and not to be exceeded once attained; |
| (35) | ‘average exposure concentration objective’ means a level of the average exposure indicator to be attained, with the aim of reducing harmful effects on human health; |
| (36) | ‘critical level’ means a level above which direct adverse effects can occur on some receptors, such as trees, other plants or natural ecosystems but not on humans; |
| (37) | ‘alert threshold’ means a level beyond which there is a risk to human health from brief exposure for the population as a whole and at which immediate steps are to be taken by Member States; |
| (38) | ‘information threshold’ means a level beyond which there is a risk to human health from brief exposure for particularly sensitive population and vulnerable groups and for which immediate and appropriate information is necessary; |
| (39) | ‘long-term objective’ means a level to be attained in the long-term, save where not achievable through proportionate measures, with the aim of providing effective protection of human health and the environment; |
| (40) | ‘contributions from natural sources’ means emissions of pollutants not caused directly or indirectly by human activities, including natural events such as volcanic eruptions, seismic activities, geothermal activities, wild-land fires, high-wind events, sea sprays or the atmospheric re-suspension or transport of natural particles from dry regions; |
| (41) | ‘air quality plan’ means a plan that sets out policies and measures in order to comply with limit values, target values or average exposure reduction obligations once these have been exceeded; |
| (42) | ‘air quality roadmap’ means an air quality plan, adopted ahead of the attainment deadline of limit values and target values, that sets out policies and measures in order to comply with those limit values and target values within the attainment deadline; |
| (43) | ‘short-term action plan’ means a plan that sets out emergency measures to be taken in the short term to reduce the immediate risk or the duration of the exceedance of the alert thresholds; |
| (44) | ‘sensitive population and vulnerable groups’ means those population groups that are permanently or temporarily more sensitive or more vulnerable to the effects of air pollution than the average population, because of specific characteristics that make the health effects of exposure more significant or because they have a higher sensitivity or a lower threshold for health effects or have a reduced ability to protect themselves; |
| (45) | ‘the public concerned’ means one or more natural or legal persons affected or likely to be affected by, or having an interest in, the decision-making procedures related to the implementation of Article 9, 19 or 20; for the purposes of this definition, non-governmental organisations promoting the protection of human health or the environment and meeting any requirements under national law shall be deemed to have an interest. |
Article 5
Responsibilities
Member States shall designate at the appropriate levels the competent authorities and bodies responsible for the following:
| (a) | assessment of ambient air quality, including ensuring an adequate functioning and maintenance of the monitoring network; |
| (b) | approval of measurement systems (methods, equipment, networks and laboratories); |
| (c) | ensuring the accuracy of measurements and the transfer and sharing of measurement data; |
| (d) | promoting the accuracy of modelling applications; |
| (e) | analysis of assessment methods; |
| (f) | coordination on their territory if Union-wide quality assurance programmes are being organised by the Commission; |
| (g) | cooperation with the other Member States and the Commission, including on transboundary air pollution; |
| (h) | establishment of air quality plans and air quality roadmaps; |
| (i) | establishment of short-term action plans; |
| (j) | provision and maintenance of an air quality index and other relevant public information as specified in Annex X. |
Article 6
Establishment of zones and average exposure territorial units
Member States shall establish zones and average exposure territorial units throughout their territory, including, where appropriate for the purposes of air quality assessment and management, at the level of agglomerations. Air quality assessment and air quality management shall be carried out in all zones and average exposure territorial units.
CHAPTER II
ASSESSMENT OF AMBIENT AIR QUALITY AND DEPOSITION RATES
Article 7
Assessment regime
1. The assessment thresholds specified in Annex II shall apply to sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter (PM10 and PM2,5), benzene, carbon monoxide, arsenic, cadmium, lead, nickel, benzo(a)pyrene and ozone in ambient air.
Each zone shall be classified in relation to those assessment thresholds.
2. Member States shall review the classification referred to in paragraph 1 at least every 5 years in accordance with the procedure laid down in paragraph 3. However, classifications shall be reviewed more frequently in the event of significant changes in activities impacting the ambient concentrations of sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter (PM10 and PM2,5), benzene, carbon monoxide, arsenic, cadmium, lead, nickel, benzo(a)pyrene or ozone.
3. Exceedances of the assessment thresholds specified in Annex II shall be determined on the basis of concentrations during the previous 5 years where sufficient data are available. An assessment threshold shall be deemed to have been exceeded if it has been exceeded during at least 3 separate years out of those previous 5 years.
Where data are available for less than 5 years, Member States may combine measurement campaigns of short duration during the period of the year and at locations likely to be typical of the highest pollution levels, with information from emission inventories and results obtained from modelling applications to determine exceedances of the assessment thresholds.
Article 8
Assessment criteria
1. Member States shall assess ambient air quality with respect to the pollutants referred to in Article 7 in all their zones, in accordance with the criteria laid down in paragraphs 2 to 6 of this Article and in accordance with Annex IV.
2. In all zones classified as above the assessment thresholds established for the pollutants referred to in Article 7, fixed measurements shall be used to assess the ambient air quality. Those fixed measurements may be supplemented by modelling applications or indicative measurements to assess air quality and to provide adequate information on the spatial distribution of air pollutants and on the spatial representativeness of fixed measurements.
3. From 2 years following the adoption of the implementing acts referred to in paragraph 7 of this Article, modelling applications or indicative measurements shall be used in addition to fixed measurements to assess the ambient air quality in all zones where the level of pollutants exceeds a relevant limit value or target value set out in Annex I.
The modelling applications or indicative measurements referred to in the first subparagraph shall provide information on the spatial distribution of pollutants. Where modelling applications are used, they shall also provide information on the spatial representativeness of fixed measurements and they shall be carried out as often as appropriate but at least every 5 years.
4. In all zones classified as below the assessment thresholds established for the pollutants referred to in Article 7, modelling applications, indicative measurements, objective estimations or a combination thereof shall be sufficient for the assessment of the ambient air quality.
5. The results of modelling applications used in accordance with paragraph 3 or 4 of this Article or Article 9(3), or of indicative measurements shall be taken into account for the purpose of assessing air quality with respect to the limit values and target values.
If fixed measurements with an area of spatial representativeness covering the area of exceedance calculated by the modelling application are available, a Member State may choose not to report the modelled exceedance as an exceedance of the relevant limit values and target values.
6. If modelling applications used in accordance with paragraphs 3 or 4 show an exceedance of any limit value or target value in an area of the zone that is not covered by fixed measurements and their area of spatial representativeness, at least one additional fixed or indicative measurement may be used at possible additional air pollution hotspots in the zone as identified by the modelling application.
If modelling applications used in accordance with Article 9(3) show an exceedance of any limit value or target value in an area of the zone that is not covered by fixed measurements and their area of spatial representativeness, at least one additional fixed or indicative measurement shall be used at possible additional air pollution hotspots in the zone as identified by the modelling application.
Where additional fixed measurements are used, those measurements shall be established within 2 calendar years after the exceedance was modelled. Where additional indicative measurements are used, those measurements shall be established within 1 calendar year after the exceedance was modelled. The measurements shall cover at least 1 calendar year in accordance with the minimum data coverage requirements set out in Point B of Annex V, to assess the concentration level of the relevant pollutant.
Where a Member State chooses not to conduct any additional fixed or indicative measurements, the exceedance shown by modelling applications shall be used for air quality assessment.
7. By 11 June 2026, the Commission shall provide, by means of implementing acts, further technical details for:
| (a) | modelling applications, including how results from modelling applications and indicative measurements shall be taken into account when assessing air quality and how potential exceedances that are identified by those assessment methods can be verified; |
| (b) | determining the spatial representativeness of sampling points. |
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 26(2).
8. The use of bio indicators shall be considered where regional patterns of the impact on ecosystems are to be assessed, including in accordance with the monitoring undertaken under Directive (EU) 2016/2284.
Article 9
Sampling points
1. The location of sampling points for the measurement of sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter (PM10 and PM2,5), benzene, carbon monoxide, arsenic, cadmium, lead, nickel, benzo(a)pyrene and ozone in ambient air shall be determined in accordance with Annex IV.
2. In each zone where the level of pollutants exceeds the assessment threshold specified in Annex II, the number of sampling points for each pollutant shall not be less than the minimum number of sampling points specified in Points A and C of Annex III.
3. For zones where the level of pollutants exceeds the relevant assessment threshold specified in Annex II, but not the respective limit values, target values and critical levels specified in Annex I, the minimum number of sampling points for fixed measurements may be reduced by up to 50 %, in accordance with Points A and C of Annex III, provided that the following conditions are met:
| (a) | indicative measurements or modelling applications provide sufficient information for the assessment of air quality with regard to limit values, target values, critical levels, alert thresholds and information thresholds, as well as adequate information for the public, in addition to the information provided by the sampling points for fixed measurements; |
| (b) | the number of sampling points to be installed and the spatial resolution of indicative measurements and modelling applications are sufficient for the concentration of the relevant pollutant to be established in accordance with the data quality objectives specified in Points A and B of Annex V and enable assessment results to meet the requirements set out in Point E of Annex V; |
| (c) | the number of indicative measurements, if used to meet the requirements of this paragraph, is at least the same as the number of fixed measurements that are being replaced and the indicative measurements are evenly distributed over the calendar year; |
| (d) | for ozone, nitrogen dioxide is measured at all remaining sampling points measuring ozone except at rural background locations for ozone assessment as referred to in Point B of Annex IV. |
4. One or more sampling points adapted to the monitoring objective set out in Section 3, Point A, of Annex VII, shall be installed in a Member State’s territory to supply data on concentrations of the ozone precursor substances listed in Point B of that Section at locations determined in accordance with Point C of that Section.
5. Nitrogen dioxide shall be measured at a minimum of 50 % of the ozone sampling points required under Point A, Table 2, of Annex III. That measurement shall be continuous, except at rural background locations, as referred to in Point B of Annex IV, where other measurement methods may be used.
6. Each Member State shall, in accordance with Annex IV, ensure that the distribution of sampling points used for the calculation of the average exposure indicators for PM2,5 and nitrogen dioxide reflect the general population exposure adequately. The number of sampling points shall be no less than that determined by application of Point B of Annex III.
7. Sampling points at which exceedances of a relevant limit value or target value specified in Section 1 of Annex I were recorded within the previous 3 years shall not be relocated, unless a relocation is necessary due to special circumstances, including spatial development. Relocation of such sampling points shall be supported by modelling applications or indicative measurements and shall, wherever possible, ensure continuity of measurements and be done within their area of spatial representativeness. A detailed justification of any relocation of such sampling points shall be fully documented in accordance with the requirements set out in Point D of Annex IV.
8. To assess the contribution of benzo(a)pyrene in ambient air, each Member State shall monitor other relevant polycyclic aromatic hydrocarbons at a limited number of sampling points. Those polycyclic aromatic hydrocarbons shall include at least: benzo(a)anthracene, benzo(b)fluoranthene, benzo(j)fluoranthene, benzo(k)fluoranthene, indeno(1,2,3-cd)pyrene, and dibenz(a,h)anthracene. Sampling points for those polycyclic aromatic hydrocarbons shall be co-located with sampling points for benzo(a)pyrene and shall be selected in such a way that geographical variation and long-term trends can be identified.
9. In addition to the monitoring required under Article 10, Member States shall monitor ultrafine particles levels in accordance with Point D of Annex III and Section 4 of Annex VII. Monitoring of black carbon concentrations may be undertaken at the same locations.
Article 10
Monitoring supersites
1. Each Member State shall establish at least one monitoring supersite per 10 million inhabitants at an urban background location. Member States that have fewer than 10 million inhabitants shall establish at least one monitoring supersite at an urban background location.
Member States whose territory is more than 10 000 km2, but not more than 100 000 km2, shall establish at least one monitoring supersite at a rural background location. Each Member State whose territory is more than 100 000 km2 shall establish at least one monitoring supersite per 100 000 km2 at a rural background location.
2. The siting of monitoring supersites shall be determined for urban background locations and rural background locations in accordance with Point B of Annex IV.
3. All sampling points that meet the requirements laid down in Points B and C of Annex IV and which are installed at monitoring supersites may be taken into account for the purpose of meeting the requirements on the minimum number of sampling points for the relevant pollutants as specified in Annex III.
4. A Member State may establish, with one or more neighbouring Member States, one or more joint monitoring supersites to meet the requirements set out in paragraph 1. This does not affect the obligation of each Member State to establish at least one monitoring supersite at an urban background location and the obligation of each Member State whose territory is more than 10 000 km2 to establish at least one monitoring supersite at a rural background location.
5. Measurements at monitoring supersites at urban background locations and rural background locations shall include the pollutants listed in Section 1, Tables 1 and 2, of Annex VII and may also include the pollutants listed in Table 3 of that Section.
6. A Member State may choose not to measure black carbon, ultrafine particles or ammonia in half of its monitoring supersites at rural background locations if the number of its monitoring supersites at rural background locations exceeds the number of its monitoring supersites at urban background locations by at least a ratio of 2:1, as long as the selection of its monitoring supersites is representative for those pollutants.
7. Where appropriate, monitoring shall be coordinated with the monitoring strategy and measurement programme of EMEP, the Aerosol, Clouds and Trace Gases Research Infrastructure (ACTRIS), and the monitoring of air pollution impacts undertaken pursuant to Directive (EU) 2016/2284.
Article 11
Reference measurement methods, modelling applications and data quality objectives
1. Member States shall apply the reference measurement methods specified in Points A and C of Annex VI.
However, other measurement methods may be used subject to the conditions set out in Points B, C and D of Annex VI.
2. Member States shall apply air quality modelling applications subject to the conditions set out in Point E of Annex VI.
3. Air quality assessment data shall meet the data quality objectives laid down in Annex V.
CHAPTER III
AMBIENT AIR QUALITY MANAGEMENT
Article 12
Requirements where levels are lower than the limit values, target values and average exposure concentration objectives
1. In zones where the levels of pollutants in ambient air are below the respective limit values specified in Section 1 of Annex I, Member States shall maintain the levels of those pollutants below the limit values.
2. In zones in which the levels of pollutants in ambient air are below the respective target values specified in Sections 1 and 2 of Annex I, Member States shall take the necessary measures not entailing disproportionate costs to maintain those levels below the target values.
Member States shall endeavour to attain the long-term objectives for ozone specified in Section 2 of Annex I, and, once attained, shall endeavour to maintain the ozone levels below those long-term objectives in so far as factors including the transboundary nature of ozone pollution, volatile organic compounds from biogenic sources and meteorological conditions so permit, and provided that any necessary measures do not entail disproportionate costs.
3. In average exposure territorial units where the average exposure indicators for PM2,5 and NO2 are below the respective value of the average exposure concentration objectives for those pollutants as laid down in Section 5 of Annex I, Member States shall maintain the levels of those pollutants below the average exposure concentration objectives.
4. Member States shall endeavour to achieve and preserve the best ambient air quality and a high level of protection of human health and the environment, with the aim of achieving a zero-pollution objective as referred to in Article 1(1), in line with WHO recommendations, and below the assessment thresholds laid down in Annex II.
Article 13
Limit values, target values and average exposure reduction obligations
1. Member States shall ensure that, throughout their zones, levels of pollutants in ambient air do not exceed the respective limit values laid down in Section 1 of Annex I.
2. Member States shall ensure, by taking all necessary measures not entailing disproportionate costs, that levels of pollutants throughout their zones do not exceed the respective target values laid down in Sections 1 and 2 of Annex I.
3. Member States shall ensure that the average exposure reduction obligations for PM2,5 and NO2 laid down in Section 5, Point B, of Annex I, are met throughout their average exposure territorial units, where they exceed the average exposure concentration objectives set out in Section 5, Point C, of Annex I.
4. Compliance with paragraphs 1, 2 and 3 of this Article shall be assessed in accordance with Annex IV.
5. The average exposure indicators shall be assessed in accordance with Section 5, Point A, of Annex I.
6. The deadline for attaining the limit values laid down in Section 1, Table 1, of Annex I may be postponed in accordance with Article 18.
7. Member States may maintain or introduce more stringent protective measures, including air quality standards that are more stringent than those referred to in this Article, in accordance with Article 193 TFEU. Member States shall notify such measures to the Commission within 3 months of their adoption.
Article 14
Critical levels for the protection of vegetation and natural ecosystems
Member States shall ensure compliance with the critical levels specified in Section 3 of Annex I as assessed in accordance with Point A, point 1, and Point B, point 3, of Annex IV.
Article 15
Exceedances of alert thresholds or information thresholds
1. The alert thresholds for concentrations of sulphur dioxide, nitrogen dioxide, particulate matter (PM10 and PM2,5) and ozone in ambient air shall be those laid down in Section 4, Point A, of Annex I.
2. The information thresholds for concentrations of sulphur dioxide, nitrogen dioxide, particulate matter (PM10 and PM2,5) and ozone shall be those laid down in Section 4, Point B, of Annex I.
3. Where any alert threshold laid down in Section 4, Point A, of Annex I is exceeded, or, where appropriate, if it is predicted to be exceeded based on modelling applications or other forecasting tools, Member States shall, where applicable, implement without undue delay the emergency measures indicated in the short-term action plans established pursuant to Article 20.
4. Where any alert threshold or any information threshold laid down in Section 4 of Annex I is exceeded, or, where appropriate, if it is predicted to be exceeded based on modelling applications or other forecasting tools, Member States shall take the necessary steps to inform the public within the shortest possible timeframe and as far as possible within a few hours, in accordance with points 2 and 3 of Annex X, making use of different media and communication channels and ensuring broad public access.
5. Member States may maintain or introduce more stringent protective measures, including alert thresholds or information thresholds that are more stringent than those referred to in this Article, in accordance with Article 193 TFEU. Member States shall notify such measures to the Commission within 3 months of their adoption.
Article 16
Contributions from natural sources
1. Member States may, for a given year, identify:
| (a) | zones where exceedances of limit values for a given pollutant are attributable to natural sources; and |
| (b) | average exposure territorial units, where exceedances of the level determined by the average exposure reduction obligations are attributable to natural sources. |
2. Member States shall provide the Commission with lists of any such zones and average exposure territorial units, as referred to in paragraph 1, together with information on concentrations and sources and the evidence demonstrating that the exceedances are attributable to natural sources.
3. Where the Commission has been informed of an exceedance attributable to natural sources in accordance with paragraph 2, that exceedance shall not be considered as an exceedance for the purposes of this Directive. If the Commission considers that the evidence provided by a Member State is not sufficient, it shall inform that Member State that the exceedance is not considered to be attributable to natural sources until that Member State provides appropriate additional information.
4. By 31 December 2026, the Commission shall provide, by means of implementing acts, technical details on the demonstration and subtraction of exceedances attributable to natural sources. Such technical details shall specify the content of the evidence to be provided by Member States pursuant to paragraph 2.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 26(2).
Article 17
Exceedances attributable to winter-sanding or winter-salting of roads
1. Member States may, for a given year, identify zones within which limit values for PM10 are exceeded in ambient air due to the re-suspension of particulates following winter-sanding or winter-salting of roads.
2. Member States shall provide the Commission with lists of any such zones, as referred to in paragraph 1, together with information on concentrations and sources of PM10 in such zones.
Member States shall also provide the evidence demonstrating that any exceedances are due to re-suspended particulates and that reasonable measures have been taken to lower such concentrations.
3. Without prejudice to Article 16, in the case of zones referred to in paragraph 1 of this Article, Member States need to establish the air quality plan provided for in Article 19 only in so far as exceedances are attributable to PM10 sources other than winter-sanding or winter-salting of roads.
4. By 31 December 2026, the Commission shall provide, by means of implementing acts, technical details for the methodology for determining contributions from the re-suspension of particulates following winter-sanding or winter-salting of roads, as well as the information to be provided by Member States pursuant to paragraph 2, which shall include information on the contribution of re-suspension to daily concentration levels where applicable.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 26(2).
Article 18
Postponement of attainment deadline and exemption from the obligation to apply certain limit values
1. Where, in a given zone, conformity with the limit values for particulate matter (PM10 and PM2,5), nitrogen dioxide, benzene or benzo(a)pyrene cannot be achieved by the deadline specified in Section 1, Table 1, of Annex I, Member States may postpone that deadline for that particular zone by a period justified by an air quality roadmap and provided that the conditions set out in paragraph 2 of this Article are met:
| (a) | up to 1 January 2040, if justified by site-specific dispersion characteristics, orographic boundary conditions, adverse climatic conditions, transboundary contributions, or where the necessary reductions can only be achieved by replacing a considerable fraction of the existing domestic heating systems that are the source of pollution causing exceedances; or |
| (b) | up to 1 January 2035, if justified by projections that demonstrate that even taking into account the expected impact of effective air pollution measures identified in the air quality roadmap, the limit values cannot be attained by the attainment deadline. |
Where an attainment deadline has been postponed in accordance with the first subparagraph, point (b), of this paragraph, but attainment cannot be achieved by that postponed deadline, Member States may postpone the deadline for that particular zone for a second and last time by a period which is no longer than 2 years from the end of the first postponement period and which is justified by an updated air quality roadmap, provided that the conditions set out in paragraph 2 are met.
2. Member States may postpone an attainment deadline in accordance with paragraph 1 of this Article if the following conditions are met:
| (a) | an air quality roadmap is established by 31 December 2028 that meets the requirements listed in Article 19(6), (7) and (8) for the zone to which the postponement would apply; |
| (b) | the air quality roadmap referred to in point (a) of this paragraph is supplemented by information on air pollution abatement measures listed in Point B of Annex VIII and demonstrates how exceedance periods above the limit values will be kept as short as possible; |
| (c) | the air quality roadmap referred to in point (a) of this paragraph is underpinned by air quality projections, including those performed for the purposes of Point A, point 5 and point 7(e), of Annex VIII, which show how the limit values will be attained as soon as possible and no later than by the end of the postponed attainment deadline, taking into account reasonable and proportionate measures; |
| (d) | the air quality roadmap referred to in point (a) of this paragraph outlines how the public and, in particular, sensitive population and vulnerable groups will be informed in a coherent and easily understandable manner about the consequences of the postponement for human health and the environment; |
| (e) | the air quality roadmap referred to in point (a) of this paragraph outlines how additional funding, including via relevant national programmes, and Union funding programmes where applicable, will be mobilised to accelerate the improvement of air quality in the zone to which the postponement would apply; |
| (f) | the conditions laid down in paragraph 3 are fulfilled throughout the period of postponement of the attainment deadline; |
| (g) | where an attainment deadline is postponed in accordance with paragraph 1, second subparagraph, the updated air quality roadmap referred to in that subparagraph demonstrates that the first air quality roadmap has been implemented or that steps have been taken in view of its implementation and is supplemented by an analysis showing that the original projections of compliance made in accordance with point (c) of this paragraph did not materialise. |
3. During the period of postponement of an attainment deadline in accordance with paragraph 1 of this Article, the Member State shall ensure that the following conditions are met:
| (a) | the measures in the air quality roadmap referred to in paragraph 1 of this Article, where applicable as updated in accordance with point (b) of this paragraph, are being implemented, as demonstrated by the Member State by way of an implementation report, including updated projections of emissions and, where possible, of concentrations provided to the Commission on a two-and-a-half yearly basis and for the first time by 30 June 2031; where relevant, reference may be made to the most recent programmes and projections of emissions reported pursuant to Directive (EU) 2016/2284 and the accompanying informative inventory report and, where relevant, the implementation report may be integrated in the updated air quality roadmap; |
| (b) | the air quality roadmap referred to in paragraph 1 of this Article is updated in accordance with Article 19(5); |
| (c) | from 1 January 2035, the concentration levels for the relevant pollutant show a general decreasing trend in line with an indicative trajectory towards compliance estimated in an updated air quality roadmap established pursuant to Point A, point 7(e), of Annex VIII; |
| (d) | the implementation reports and the updated air quality roadmaps are communicated to the Commission within 2 months of their adoption. |
4. Member States shall notify the Commission no later than 31 January 2029 where, in their view, paragraph 1, first subparagraph, point (a) or (b), is applicable, and shall communicate the air quality roadmap referred to in paragraph 1 and all relevant information necessary for the Commission to assess whether the invoked reason for postponement and the conditions set out in that paragraph are satisfied.
Member States shall notify the Commission no later than 31 January 2034 where, in their view, attainment cannot be achieved by an attainment deadline postponed in accordance with paragraph 1, second subparagraph, and shall communicate the updated air quality roadmap referred to in paragraph 1 and all relevant information necessary for the Commission to assess whether the invoked reason for a second and last postponement and the conditions set out in that paragraph are satisfied.
As regards the projections provided as a reason for postponement, Member States shall justify the methods as well as the data used to obtain those projections.
In its assessment, the Commission shall take into account air quality projections provided by the Member State concerned, the estimated effects on ambient air quality in that Member State of measures that have been taken by that Member State as well as estimated effects on ambient air quality of Union measures.
Where the Commission has raised no objections within 9 months of receipt of that notification, the relevant conditions for the application of paragraph 1 shall be deemed to be satisfied.
If objections are raised, the Commission may require the Member State concerned to adjust or provide a new air quality roadmap to meet the requirements set out in paragraph 1.
5. By 31 December 2026, the Commission shall provide, by means of implementing acts, further technical details on the requirements for projections performed for the purposes of paragraph 1 of this Article with the objective to show how the limit values specified in Section 1, Table 1, of Annex I will be attained, taking into account reasonable and proportionate measures. Furthermore, it shall specify information to be included in implementation reports for the purposes of paragraph 3 of this Article.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 26(2).
CHAPTER IV
PLANS
Article 19
Air quality plans and air quality roadmaps
1. Where, in given zones, the levels of pollutants in ambient air exceed any limit value or target value laid down in Section 1 of Annex I, Member States shall establish air quality plans for those zones that set out appropriate measures to achieve the limit value or target value concerned and to keep the exceedance period as short as possible, and in any case no longer than 4 years from the end of the calendar year in which the first exceedance was recorded. Those air quality plans shall be established as soon as possible and no later than 2 years after the calendar year during which that exceedance of any limit value or target value was recorded.
Where in a given zone an exceedance of a limit value is already covered by an air quality roadmap, Member States shall ensure that the measures set out in that roadmap are appropriate to keep the exceedance period as short as possible and, where relevant, take additional and more effective measures and follow the procedure for updating an air quality roadmap as set out in paragraph 5.
2. Where in territorial units covering at least one zone, the levels of pollutants in ambient air exceed any ozone target value, laid down in Section 2 of Annex I, Member States shall establish air quality plans for those territorial units that set out appropriate measures in order to achieve the ozone target value and to keep the exceedance period as short as possible. Those air quality plans shall be established as soon as possible and no later than 2 years after the calendar year during which the exceedance of the ozone target value was recorded.
Where in a given territorial unit an exceedance of an ozone target value is already covered by an air quality roadmap, Member States shall ensure that the measures set out in that roadmap are appropriate to keep the exceedance period as short as possible and, where relevant, follow the procedure for updating an air quality roadmap as set out in paragraph 5.
However, Member States may refrain from establishing such air quality plans or air quality roadmaps to address the exceedance of ozone where there is no significant potential to reduce ozone concentrations, considering geographical and meteorological conditions, and where the measures would entail disproportionate costs.
Where an air quality plan or air quality roadmap is not established, Member States shall provide to the public and the Commission a detailed justification as to why there is no significant potential to reduce the exceedance resulting in a decision not to establish an air quality plan or air quality roadmap.
At least every 5 years, Member States shall reassess the potential to reduce ozone concentrations.
For territorial units where the ozone target value is exceeded, Member States shall ensure that the relevant national air pollution control programme prepared pursuant to Article 6 of Directive (EU) 2016/2284 includes measures addressing ozone precursors covered by that Directive.
3. Where in a given average exposure territorial unit, the average exposure reduction obligation laid down in Section 5 of Annex I is not achieved, Member States shall establish air quality plans for those average exposure territorial units that set out appropriate measures to achieve the average exposure reduction obligation and to keep the exceedance period as short as possible. Those air quality plans shall be established as soon as possible and no later than 2 years after the calendar year during which the exceedance of the average exposure reduction obligation was recorded.
4. Where from 1 January 2026 until 31 December 2029 in a zone or territorial unit, the levels of pollutants are above any limit value or target value to be attained by 1 January 2030 as laid down in Section 1, Table 1, of Annex I and in Section 2, Point B, of Annex I, and without prejudice to paragraph 2, third subparagraph, of this Article, Member States shall establish an air quality roadmap for the pollutant concerned to attain the respective limit values or target values by the expiration of the attainment deadline. Those air quality roadmaps shall be established as soon as possible and no later than 2 years after the calendar year during which the exceedance was recorded.
However, Member States may refrain from establishing such air quality roadmaps when the baseline scenario following the information required by Point A, point 5, of Annex VIII, shows that the limit value or target value will be achieved with the measures that are already in force, including when the exceedance is caused by temporary activities influencing the levels of pollutants in a single year. Where an air quality roadmap is not established pursuant to this subparagraph, Member States shall provide to the public and the Commission a detailed justification.
5. Where exceedances of any limit value, average exposure reduction obligation or target value persist during the third calendar year after the deadline for establishment of an air quality plan or air quality roadmap, and without prejudice to paragraph 2, third subparagraph, Member States shall update the air quality plan or air quality roadmap and the measures therein, including their impact on projected emissions and concentrations, no later than 5 years following the deadline for establishment of the previous air quality plan or air quality roadmap and take additional and more effective measures to keep the exceedance period as short as possible.
6. Air quality plans and air quality roadmaps shall contain at least the following information:
| (a) | the information listed in Point A, points 1 to 7, of Annex VIII; |
| (b) | where applicable, the information listed in Point A, points 8, 9 and 10, of Annex VIII; |
| (c) | information on relevant abatement measures listed in Point B, point 2, of Annex VIII. |
Member States shall include, where appropriate, the measures referred to in Article 20(2) and specific measures aiming at the protection of sensitive population and vulnerable groups, including children, in their air quality plans and air quality roadmaps.
Member States shall assess, when preparing air quality plans or air quality roadmaps, the risk of exceeding the respective alert thresholds for the pollutants concerned. That analysis shall be used for establishing short-term action plans where applicable.
Where air quality plans or air quality roadmaps are to be established in respect of several pollutants or air quality standards, Member States shall, where appropriate, establish integrated air quality plans or air quality roadmaps covering all pollutants and air quality standards concerned.
Member States shall, to the extent feasible, ensure consistency of their air quality plans and air quality roadmaps with other plans that have a significant impact on air quality, including those required under Directives 2002/49/EC, 2010/75/EU and (EU) 2016/2284 and under climate, biodiversity, energy, transport and agriculture legislation.
7. Member States shall consult the public, in accordance with Directive 2003/35/EC of the European Parliament and of the Council (21), and the competent authorities, which, by reason of their responsibilities in the field of air pollution and air quality, are likely to be concerned by the implementation of the air quality plans and air quality roadmaps, on draft air quality plans and draft air quality roadmaps and on any significant updates of air quality plans and air quality roadmaps prior to their finalisation. Member States shall ensure that the public, when consulted, has access to the draft air quality plan or draft air quality roadmap containing the minimum information required under Annex VIII to this Directive and, where possible, a non-technical summary of the information referred to in this subparagraph.
Member States shall encourage the active involvement of all interested parties in the preparation, implementation and update of air quality plans and air quality roadmaps. Where air quality plans and air quality roadmaps are being prepared, Member States shall ensure that stakeholders whose activities contribute to the exceedance situation are encouraged to propose measures they are able to take to help end the exceedances and that non-governmental organisations, such as environmental and health organisations, consumer organisations, organisations representing the interests of sensitive population and vulnerable groups, other relevant health-care bodies, including organisations representing healthcare professionals, and the relevant industrial federations are encouraged to take part in those consultations.
8. Air quality plans and air quality roadmaps shall be communicated to the Commission within 2 months of their adoption.
Article 20
Short-term action plans
1. Where, in a given zone, there is a risk that the levels of pollutants will exceed one or more of the alert thresholds specified in Section 4 of Annex I, Member States shall establish short-term action plans indicating the emergency measures to be taken in the short term in order to reduce the risk or duration of such an exceedance.
However, where there is a risk that the alert threshold for ozone will be exceeded, Member States may refrain from establishing such short-term action plans when there is no significant potential, taking into account national geographical, meteorological and economic conditions, to reduce the risk, duration or severity of such an exceedance.
Where, for particulate matter (PM10 and PM2,5), the potential to reduce the risk of such an exceedance is severely limited, taking into account local geographical and meteorological conditions and specificities of domestic heating systems, Member States may establish a short-term action plan that focuses only on specific actions aiming to protect both the general public and sensitive population and vulnerable groups, as well as easily understandable information on recommended behaviour to reduce exposure to the measured or forecasted exceedance.
2. When establishing the short-term action plans referred to in paragraph 1 of this Article, Member States may, depending on the individual case, provide for effective measures to control and, where necessary, temporarily suspend activities which contribute to the risk of the respective limit values or target values or alert threshold being exceeded. Member States shall also take into consideration the list of measures set out in Annex IX for their short-term action plans, and depending on the share of the main pollution sources to the exceedances to be addressed, they shall consider including, where appropriate, in those short-term action plans measures in relation to activities such as transport, construction works, industrial installations, agriculture and the use of products and domestic heating. Specific actions aiming at the protection of sensitive population and vulnerable groups, including children, shall also be considered in the framework of those plans.
3. Member States shall consult the public in accordance with Directive 2003/35/EC, and the competent authorities, which, by reason of their responsibilities in the field of air pollution and air quality, are likely to be concerned by the implementation of the short-term action plan, on draft short-term action plans and any significant updates thereof prior to their finalisation.
4. When Member States have established a short-term action plan, they shall make available to the public and to appropriate organisations such as environmental and health organisations, consumer organisations, organisations representing the interests of sensitive population and vulnerable groups, organisations representing healthcare professionals and other relevant health-care bodies and the relevant industrial federations both the results of their investigations on the feasibility and the content of specific short-term action plans as well as information on the implementation of those plans.
5. Short-term action plans shall be communicated to the Commission within 1 year of their adoption in the framework of the annual reporting pursuant to Article 23.
6. When establishing their short-term action plans indicating the emergency measures to be taken, Member States may request the Commission to organise an exchange of best practices in order to allow the requesting Member States to benefit from the experience of other Member States.
Article 21
Transboundary air pollution
1. Where transboundary transport of air pollution from one or more Member State contributes significantly to the exceedance of any limit value, ozone target value, average exposure reduction obligation or alert threshold in another Member State, that other Member State shall notify the Member States from which the air pollution originated and the Commission thereof.
2. The Member States concerned shall cooperate with each other, including by establishing joint teams of experts and with technical support from the Commission, to identify the sources of air pollution, contributions of those sources to exceedances in another Member State and the measures to be taken individually and in coordination with other Member States to address those sources, and draw up coordinated activities, such as the coordination of air quality plans pursuant to Article 19, in which each Member State shall address pollution sources located in its territory, in order to remove such exceedances.
Member States shall respond to each other in a timely manner, and inform the Commission, no later than 3 months after being notified by another Member State in accordance with the first subparagraph.
3. The Commission shall be informed of, and invited to be present or assist in any cooperation referred to in paragraph 2 of this Article. The Commission may request the Member States concerned to provide an update on progress in implementing any coordinated activities established pursuant to that paragraph. Where appropriate, the Commission shall, taking into account the reports established pursuant to Article 11 of Directive (EU) 2016/2284, consider whether further action shall be taken at Union level in order to reduce precursor emissions responsible for transboundary pollution.
4. Member States shall, where appropriate pursuant to Article 20, prepare and implement coordinated short-term action plans covering neighbouring zones in other Member States. Member States shall ensure that neighbouring zones in other Member States receive all appropriate information regarding those short-term action plans without undue delay.
5. Where the alert thresholds or information thresholds are exceeded in zones close to national borders, information on these exceedances shall be provided as soon as possible to the competent authorities in the neighbouring Member States concerned. That information shall also be made available to the public.
6. In the notification referred to in paragraph 1, Member States may, for the relevant year, identify:
| (a) | zones in which transboundary transport of air pollution from one or more Member States contributes significantly to the exceedances of limit values or target values in those zones; |
| (b) | average exposure territorial units, in which transboundary transport of air pollution from one or more Member States contributes significantly to the exceedances of the level determined by the average exposure reduction obligations in those units. |
A Member State may also provide the Member States concerned and the Commission with the lists of any such zones and average exposure territorial units together with information on concentrations and the evidence demonstrating that air pollution from transboundary sources, including from third countries, on which that Member State has no direct control, contributes significantly to the exceedances. The Commission may consider that information, where relevant, for the purposes of Article 18.
7. When establishing plans as provided for in paragraphs 2 and 4 and in informing the public as referred to in paragraph 5, Member States shall, where appropriate, endeavour to pursue cooperation with third countries, and in particular with candidate countries. Member States may, where appropriate, request technical support from the Commission.
CHAPTER V
INFORMATION AND REPORTING
Article 22
Public information
1. Member States shall ensure that the public as well as appropriate organisations such as environmental and health organisations, consumer organisations, organisations representing the interests of sensitive populations and vulnerable groups, organisations representing healthcare professionals and other relevant health-care bodies and the relevant industrial federations are informed, adequately and in good time, of the following:
| (a) | air quality in accordance with Annex X; |
| (b) | location of sampling points for all air pollutants, as well as information on any issues in complying with data coverage requirements per sampling point and pollutant; |
| (c) | any postponement decision pursuant to Article 18; |
| (d) | air quality plans and air quality roadmaps as provided for in Article 19; |
| (e) | short-term action plans established pursuant to Article 20; |
| (f) | the effects of exceedances of limit values, target values, average exposure reduction obligations, average exposure concentration objectives, alert thresholds and information thresholds in a summary assessment; the summary assessment shall include, where appropriate, further information and assessments on the environment as well as information on pollutants covered by Article 10 and Annex VII. |
2. Member States shall establish and make available through a public source, in an easily understandable manner, an air quality index covering hourly updates on at least sulphur dioxide, nitrogen dioxide, particulate matter (PM10 and PM2,5) and ozone, provided that there is an obligation to monitor those pollutants pursuant to this Directive. That index may include additional pollutants, when relevant. Insofar as possible, the air quality index shall be comparable across all Member States and follow WHO recommendations. The air quality index shall build on the air quality indices at European scale provided by the European Environment Agency and include information regarding impacts on health, including information tailored to sensitive population and vulnerable groups. Alternatively, Member States may use the air quality index provided by the European Environment Agency to meet the requirements set out in this paragraph. If a Member State decides not to use the index provided by the European Environment Agency, a reference to that index shall be made available at national level.
3. Member States shall make publicly available information on symptoms associated with air pollution peaks and on air pollution exposure reduction and protection behaviours, and shall encourage its display to the public in locations frequented by sensitive population and vulnerable groups, such as healthcare facilities.
4. Member States shall inform the public of the competent authority or body designated in relation to the tasks referred to in Article 5.
5. The information referred to in this Article shall be made available to the public free of charge by means of easily accessible media and communication channels in a coherent and easily understandable manner in accordance with Directive 2007/2/EC and Directive (EU) 2019/1024 of the European Parliament and of the Council (22), while ensuring broad public access to that information.
Article 23
Transmission of information and reporting
1. Member States shall ensure that information on ambient air quality is made available to the Commission within the required timescale in accordance with the implementing acts referred to in paragraph 5 of this Article, and irrespective of compliance with data quality objectives for data coverage laid down in Point B of Annex V.
2. For the specific purpose of assessing compliance with the limit values, target values, average exposure reduction obligations and critical levels, the information referred to in paragraph 1 of this Article shall be made available to the Commission no later than 9 months after the end of each calendar year and shall include:
| (a) | the changes made in that year to the list and delimitation of zones or average exposure territorial units established under Article 6; |
| (b) | the list of zones and average exposure territorial units and the levels of pollutants assessed; |
| (c) | for zones in which the levels of one or more pollutants are higher than the limit values, target values or critical levels, as well as for average exposure territorial units where the levels of one or more pollutants are higher than the level determined by the average exposure reduction obligations:
|
3. Member States shall report to the Commission in accordance with paragraph 1 information concerning the levels recorded and the duration of the periods during which the alert threshold or information threshold was exceeded.
4. Member States shall provide the information referred to in Point D of Annex IV to the Commission within 3 months of being requested to do so.
5. The Commission shall adopt, by means of implementing acts, measures:
| (a) | specifying the information to be made available by Member States pursuant to this Article as well as the timescales in which such information is to be communicated; |
| (b) | identifying ways of streamlining the way data are reported and the reciprocal exchange of information and data from networks and individual sampling points measuring ambient air pollution within Member States. |
Those implementing acts shall be adopted in accordance with the examination procedure referred to Article 26(2).
CHAPTER VI
DELEGATED AND IMPLEMENTING ACTS
Article 24
Amendments to Annexes
The Commission is empowered to adopt delegated acts in accordance with Article 25 amending Annexes III to VII, IX and X to take account of technical and scientific developments regarding assessment of ambient air quality, measures to be considered for inclusion in the short-term action plans and public information.
However, the amendments may not have the effect of directly or indirectly modifying either of the following:
| (a) | the limit values, target values, ozone long-term objectives, critical levels, alert thresholds and information thresholds, average exposure reduction obligations and average exposure concentration objectives specified in Annex I; |
| (b) | the dates for compliance with any of the parameters referred to in point (a). |
Article 25
Exercise of the delegation
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
2. The power to adopt delegated acts referred to in Article 24 shall be conferred on the Commission for a period of 5 years from 10 December 2024. The Commission shall draw up a report in respect of the delegation of power not later than 9 months before the end of the 5-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than 3 months before the end of each period.
3. The delegation of power referred to in Article 24 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.
5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
A delegated act adopted pursuant to Article 24 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of 2 months of notification of that act to the European Parliament and to the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months at the initiative of the European Parliament or of the Council.
Article 26
Committee procedure
1. The Commission shall be assisted by the Ambient Air Quality Committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
CHAPTER VII
ACCESS TO JUSTICE, COMPENSATION AND PENALTIES
Article 27
Access to justice
1. Member States shall ensure that, in accordance with their national legal system, members of the public concerned have access to a review procedure before a court of law, or another independent and impartial body established by law, to challenge the substantive or procedural legality of all decisions, acts or omissions by Member States concerning the location and number of sampling points under Article 9 in accordance with the relevant criteria laid down in Annexes III and IV, air quality plans and air quality roadmaps referred to in Article 19, and short-term action plans referred to in Article 20, of the Member State, provided that any of the following conditions is met:
| (a) | they have a sufficient interest; |
| (b) | they maintain the impairment of a right, where administrative procedural law of a Member State requires this as a precondition. |
Member States shall determine what constitutes a sufficient interest and impairment of a right consistently with the objective of giving the public concerned wide access to justice.
To that end, the interest of any non-governmental organisation that promotes the protection of human health or the environment and meeting any requirements under national law shall be deemed sufficient for the purposes of the first subparagraph, point (a). Such organisations shall also be deemed to have rights capable of being impaired for the purposes of the first subparagraph, point (b).
2. The review procedure shall be fair, equitable, timely and not prohibitively expensive, and shall provide adequate and effective redress mechanisms, including injunctive relief as appropriate.
3. Member States shall determine the stage at which decisions, acts or omissions may be challenged, such that access to a review procedure before a court of law or another independent and impartial body established by law, is not rendered impossible or excessively difficult.
4. This Article does not prevent Member States from requiring a preliminary review procedure before an administrative authority and does not affect the requirement of exhaustion of administrative review procedures prior to recourse to judicial review procedures, where such a requirement exists under national law.
5. Member States shall ensure that practical information is made available to the public on access to administrative and judicial review procedures referred to in this Article.
Article 28
Compensation for damage to human health
1. Member States shall ensure that natural persons who suffer damage to human health caused by a violation of the national rules transposing Article 19(1) to (5) and Article 20(1) and (2) of this Directive that has been committed intentionally or negligently by the competent authorities have the right to claim and obtain compensation for that damage.
2. Member States shall ensure that national rules and procedures relating to claims for compensation are designed and applied in such a way that they do not render impossible or excessively difficult the exercise of the right to compensation for damage pursuant to paragraph 1.
3. Member States may establish limitation periods for bringing actions for compensation as referred to in paragraph 1. Such periods shall not begin to run before the violation has ceased and the person claiming the compensation knows, or can reasonably be expected to know, that he or she suffered damage from a violation as referred to in paragraph 1.
Article 29
Penalties
1. Without prejudice to the obligations of Member States under Directive 2008/99/EC of the European Parliament and of the Council (23), Member States shall lay down the rules on penalties applicable to infringements of 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, without undue delay, notify the Commission of those rules and of those measures and shall notify it, without undue delay, of any subsequent amendment affecting them.
2. Member States shall ensure that the penalties established pursuant to paragraph 1 give due regard to the following circumstances, as applicable:
| (a) | the nature, gravity, extent and duration of the infringement; |
| (b) | the impact on the population, including sensitive population and vulnerable groups, or the environment affected by the infringement, bearing in mind the objective of achieving a high level of protection of human health and the environment; |
| (c) | the repetitive or singular character of the infringement, including any previous receipt of an admonition penalty, or any administrative or criminal penalty; |
| (d) | the economic benefits derived from the infringement by the natural or legal person held responsible, insofar as this can be determined. |
CHAPTER VIII
TRANSITIONAL AND FINAL PROVISIONS
Article 30
Transposition
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Articles 1 and 3, Article 4, points (2), (7), (9), (14), (15), (16), (18), (21) to (30), (33), (34) and (41) to (45), Articles 5 to 8, Article 9(1), (2), (3) and (5) to (9), Articles 10, 11 and 12, Article 13(1), (2), (3), (5), (6) and (7), Article 15, Article 16(1), (2) and (4), Article 17(4), Articles 18 to 21, Article 22(1), (2), (3) and (5), Articles 23 to 29 and Annexes I to X by 11 December 2026. They shall immediately communicate the text of those measures to the Commission.
When Member States adopt those measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. They shall also include a statement that references in existing laws, regulations and administrative provisions to the Directives repealed by this Directive shall be construed as references to this Directive. Member States shall determine how such reference is to be made and how that statement is to be formulated.
2. Member States shall communicate to the Commission the text of the main measures of national law which they adopt in the field covered by this Directive.
Article 31
Repeal
1. Directives 2004/107/EC and 2008/50/EC, as amended by the acts listed in Part A of Annex XI to this Directive, are repealed with effect from 12 December 2026, without prejudice to the obligations of Member States relating to the time-limits for the transposition into national law of the Directives set out in Part B of Annex XI to this Directive.
2. References to the repealed Directives shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex XII to this Directive.
Article 32
Entry into force and application
This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
Article 2, Article 4, points (1), (3) to (6), (8), (10) to (13), (17), (19), (20), (31), (32) and (35) to (40), Article 9(4), Article 13(4), Article 14, Article 16(3), Article 17(1), (2) and (3) and Article 22(4) shall apply from 12 December 2026.
Article 33
Addressees
This Directive is addressed to the Member States.