Acts Adopted Under The EC Treaty/Euratom Treaty Whose Publication Is Obligatory
Acts Adopted Under The EC Treaty/Euratom Treaty Whose Publication Is Obligatory
Acts Adopted Under The EC Treaty/Euratom Treaty Whose Publication Is Obligatory
2008
EN
L 152/1
I
(Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory)
DIRECTIVES
(2)
(3)
Having regard to the Treaty establishing the European Community, and in particular Article 175 thereof,
Whereas:
(1)
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EN
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
11.6.2008
(12)
(13)
Ozone is a transboundary pollutant formed in the atmosphere from the emission of primary pollutants addressed
by Directive 2001/81/EC of the European Parliament and
of the Council of 23 October 2001 on national emission
ceilings for certain atmospheric pollutants (3). Progress
towards the air quality targets and long term objectives for
ozone set in this Directive should be determined by the targets and emission ceilings provided for in Directive
2001/81/EC and, if appropriate, by implementing air quality plans as provided for in this Directive.
(14)
(15)
11.6.2008
(16)
(17)
(18)
(19)
EN
For zones and agglomerations where conditions are particularly difficult, it should be possible to postpone the
deadline for compliance with the air quality limit values in
cases where, notwithstanding the implementation of
appropriate pollution abatement measures, acute compliance problems exist in specific zones and agglomerations.
Any postponement for a given zone or agglomeration
should be accompanied by a comprehensive plan to be
assessed by the Commission to ensure compliance by the
revised deadline. The availability of necessary Community
measures reflecting the chosen ambition level in the Thematic Strategy on air pollution to reduce emissions at
source will be important for an effective emission reduction by the timeframe established in this Directive for compliance with the limit values and should be taken into
account when assessing requests to postpone deadlines for
compliance.
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(20)
Member States should consult with one another if, following significant pollution originating in another Member
State, the level of a pollutant exceeds, or is likely to exceed,
the relevant air quality objectives plus the margin of tolerance where applicable or, as the case may be, the alert
threshold. The transboundary nature of specific pollutants,
such as ozone and particulate matter, may require coordination between neighbouring Member States in drawing
up and implementing air quality plans and short-term
action plans and in informing the public. Where appropriate, Member States should pursue cooperation with third
countries, with particular emphasis on the early involvement of candidate countries.
(21)
(22)
(23)
(24)
(25)
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(26)
EN
Member States should lay down rules on penalties applicable to infringements of the provisions of this Directive
and ensure that they are implemented. The penalties should
be effective, proportionate and dissuasive.
11.6.2008
CHAPTER I
GENERAL PROVISIONS
(27)
(28)
(29)
In accordance with point 34 of the Interinstitutional Agreement on better lawmaking (1), Member States are encouraged to draw up, for themselves and in the interest of the
Community, their own tables illustrating, as far as possible,
the correlation between the Directive and the transposition
measures, and to make them public.
(30)
(31)
Article 1
Subject matter
This Directive lays down measures aimed at the following:
1.
2.
3.
4.
5.
6.
Article 2
Definitions
For the purposes of this Directive:
(32)
(33)
1.
2.
3.
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EN
4.
assessment shall mean any method used to measure, calculate, predict or estimate levels;
5.
6.
7.
critical level shall mean a level fixed on the basis of scientific knowledge, above which direct adverse effects may occur
on some receptors, such as trees, other plants or natural ecosystems but not on humans;
margin of tolerance shall mean the percentage of the limit
value by which that value may be exceeded subject to the
conditions laid down in this Directive;
8.
air quality plans shall mean plans that set out measures in
order to attain the limit values or target values;
9.
target value shall mean a level fixed with the aim of avoiding, preventing or reducing harmful effects on human health
and/or the environment as a whole, to be attained where possible over a given period;
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24. oxides of nitrogen shall mean 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 (g/m3);
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EN
27. volatile organic compounds (VOC) shall mean 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;
28. ozone precursor substances means substances which contribute to the formation of ground-level ozone, some of
which are listed in Annex X.
11.6.2008
Responsibilities
Member States shall designate at the appropriate levels the competent authorities and bodies responsible for the following:
Article 6
Article 3
Assessment criteria
1. Member States shall assess ambient air quality with respect
to the pollutants referred to in Article 5 in all their zones and
agglomerations, in accordance with the criteria laid down in paragraphs 2, 3 and 4 of this Article and in accordance with the criteria laid down in Annex III.
2. In all zones and agglomerations where the level of pollutants referred to in paragraph 1 exceeds the upper assessment
threshold established for those pollutants, fixed measurements
shall be used to assess the ambient air quality. Those fixed measurements may be supplemented by modelling techniques and/or
indicative measurements to provide adequate information on the
spatial distribution of the ambient air quality.
3. In all zones and agglomerations where the level of pollutants referred to in paragraph 1 is below the upper assessment
threshold established for those pollutants, a combination of fixed
measurements and modelling techniques and/or indicative measurements may be used to assess the ambient air quality.
4. In all zones and agglomerations where the level of pollutants referred to in paragraph 1 is below the lower assessment
threshold established for those pollutants, modelling techniques
or objective-estimation techniques or both shall be sufficient for
the assessment of the ambient air quality.
CHAPTER II
ASSESSMENT OF AMBIENT AIR QUALITY
SECTION 1
Assessment regime
1. The upper and lower assessment thresholds specified in Section A of Annex II shall apply to sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter (PM10 and PM2,5),
lead, benzene and carbon monoxide.
(b) each Member State shall set up at least one measuring station or may, by agreement with adjoining Member States, set
up one or several common measuring stations, covering the
relevant neighbouring zones, to achieve the necessary spatial
resolution;
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2.
Other measurement methods may be used subject to the
conditions set out in Section B of Annex VI.
SECTION 2
Article 9
Member States shall inform the Commission of the measurement
methods used in the measurement of the chemical composition
of fine particulate matter (PM2,5).
Article 7
Sampling points
1. The location of sampling points for the measurement of sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate
matter (PM10, PM2,5), lead, benzene and carbon monoxide in
ambient air shall be determined using the criteria listed in
Annex III.
2.
In each zone or agglomeration where fixed measurements
are the sole source of information for assessing air quality, the
number of sampling points for each relevant pollutant shall not
be less than the minimum number of sampling points specified
in Section A of Annex V.
3.
For zones and agglomerations within which information
from fixed measurement sampling points is supplemented by
information from modelling and/or indicative measurement, the
total number of sampling points specified in Section A of Annex V
may be reduced by up to 50 %, provided that the following conditions are met:
(a) the supplementary methods provide sufficient information
for the assessment of air quality with regard to limit values
or alert thresholds, as well as adequate information for the
public;
(b) the number of sampling points to be installed and the spatial
resolution of other techniques are sufficient for the concentration of the relevant pollutant to be established in accordance with the data quality objectives specified in Section A
of Annex I and enable assessment results to meet the criteria
specified in Section B of Annex I.
The results of modelling and/or indicative measurement shall be
taken into account for the assessment of air quality with respect
to the limit values.
4.
The application in Member States of the criteria for selecting sampling points shall be monitored by the Commission so as
to facilitate the harmonised application of those criteria throughout the European Union.
Article 8
Reference measurement methods
1. Member States shall apply the reference measurement methods and criteria specified in Section A and Section C of Annex VI.
Assessment criteria
1. Where, in a zone or agglomeration, concentrations of ozone
have exceeded the long-term objectives specified in Section C of
Annex VII during any of the previous five years of measurement,
fixed measurements shall be taken.
2.
Where fewer than five years data are available, Member
States may, for the purposes of determining whether the longterm objectives referred to in paragraph 1 have been exceeded
during those five years, combine the results from measurement
campaigns of short duration carried out when and where levels
are likely to be at their highest, with the results obtained from
emission inventories and modelling.
Article 10
Sampling points
1. The siting of sampling points for the measurement of ozone
shall be determined using the criteria set out in Annex VIII.
2.
The sampling points for fixed measurements of ozone in
each zone or agglomeration within which measurement is the
sole source of information for assessing air quality shall not be
less than the minimum number of sampling points specified in
Section A of Annex IX.
3.
For zones and agglomerations within which information
from sampling points for fixed measurements is supplemented by
information from modelling and/or indicative measurements, the
number of sampling points specified in Section A of Annex IX
may be reduced provided that the following conditions are met:
(a) the supplementary methods provide sufficient information
for the assessment of air quality with regard to target values,
long-term objectives, information and alert thresholds;
(b) the number of sampling points to be installed and the spatial
resolution of other techniques are sufficient for the concentration of ozone to be established in accordance with the data
quality objectives specified in Section A of Annex I and
enable assessment results to meet the criteria specified in Section B of Annex I;
(c) the number of sampling points in each zone or agglomeration amounts to at least one sampling point per two million
inhabitants or one sampling point per 50 000 km2, whichever produces the greater number of sampling points, but
must not be less than one sampling point in each zone or
agglomeration;
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11.6.2008
and carbon monoxide in ambient air do not exceed the limit values laid down in Annex XI.
In respect of nitrogen dioxide and benzene, the limit values specified in Annex XI may not be exceeded from the dates specified
therein.
Compliance with these requirements shall be assessed in accordance with Annex III.
The margins of tolerance laid down in Annex XI shall apply in
accordance with Article 22(3) and Article 23(1).
2. The alert thresholds for concentrations of sulphur dioxide
and nitrogen dioxide in ambient air shall be those laid down in
Section A of Annex XII.
Article 14
Critical levels
1. Member States shall ensure compliance with the critical levels specified in Annex XIII as assessed in accordance with Section
A of Annex III.
2. Where fixed measurements are the sole source of information for assessing air quality, the number of sampling points shall
not be less than the minimum number specified in Section C of
Annex V. Where that information is supplemented by indicative
measurements or modelling, the minimum number of sampling
points may be reduced by up to 50 % so long as the assessed concentrations of the relevant pollutant can be established in accordance with the data quality objectives specified in Section A of
Annex I.
2.
Each Member State shall inform the Commission of the
methods it uses to sample and measure VOC, as listed in Annex X.
Article 15
CHAPTER III
Article 12
Requirements where levels are lower than the limit values
In zones and agglomerations where the levels of sulphur dioxide,
nitrogen dioxide, PM10, PM2,5, lead, benzene and carbon monoxide in ambient air are below the respective limit values specified
in Annexes XI and XIV, Member States shall maintain the levels
of those pollutants below the limit values and shall endeavour to
preserve the best ambient air quality, compatible with sustainable
development.
Article 13
Limit values and alert thresholds for the protection of
human health
1.
Member States shall ensure that, throughout their
zones and agglomerations, levels of sulphur dioxide, PM10, lead,
1. Member States shall take all necessary measures not entailing disproportionate costs to reduce exposure to PM2,5 with a
view to attaining the national exposure reduction target laid down
in Section B of Annex XIV by the year specified therein.
2. Member States shall ensure that the average exposure indicator for the year 2015 established in accordance with Section A
of Annex XIV does not exceed the exposure concentration obligation laid down in Section C of that Annex.
3. The average exposure indicator for PM2,5 shall be assessed
in accordance with Section A of Annex XIV.
4. Each Member State shall, in accordance with Annex III,
ensure that the distribution and the number of sampling points
on which the average exposure indicator for PM2,5 is based reflect
the general population exposure adequately. The number of sampling points shall be no less than that determined by application
of Section B of Annex V.
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Article 16
Article 19
1.
Member States shall take all necessary measures not entailing disproportionate costs to ensure that concentrations of PM2,5
in ambient air do not exceed the target value laid down in Section
D of Annex XIV as from the date specified therein.
2.
Member States shall ensure that concentrations of PM2,5 in
ambient air do not exceed the limit value laid down in Section E
of Annex XIV throughout their zones and agglomerations as from
the date specified therein. Compliance with this requirement shall
be assessed in accordance with Annex III.
Member States shall also forward to the Commission, on a provisional basis, information concerning the levels recorded and the
duration of the periods during which the alert threshold or information threshold was exceeded.
Article 20
3.
The margin of tolerance laid down in Section E of
Annex XIV shall apply in accordance with Article 23(1).
Article 17
Requirements in zones and agglomerations where ozone
concentrations exceed the target values and long-term
objectives
1.
Member States shall take all necessary measures not entailing disproportionate costs to ensure that the target values and
long-term objectives are attained.
2.
For zones and agglomerations in which a target value is
exceeded, Member States shall ensure that the programme prepared pursuant to Article 6 of Directive 2001/81/EC and, if
appropriate, an air quality plan is implemented in order to attain
the target values, save where not achievable through measures not
entailing disproportionate costs, as from the date specified in Section B of Annex VII to this Directive.
3.
For zones and agglomerations in which the levels of ozone
in ambient air are higher than the long-term objectives but below,
or equal to, the target values, Member States shall prepare and
implement cost-effective measures with the aim of achieving the
long-term objectives. Those measures shall, at least, be consistent
with all the air quality plans and the programme referred to in
paragraph 2.
Article 18
Requirements in zones and agglomerations where ozone
concentrations meet the long-term objectives
In zones and agglomerations in which ozone levels meet the longterm objectives, Member States shall, in so far as factors including the transboundary nature of ozone pollution and
meteorological conditions permit, maintain those levels below the
long-term objectives and shall preserve through proportionate
measures the best ambient air quality compatible with sustainable
development and a high level of environmental and human health
protection.
Article 21
Exceedances attributable to winter-sanding or -salting of
roads
1.
Member States may designate zones or agglomerations
within which limit values for PM10 are exceeded in ambient air
due to the re-suspension of particulates following winter-sanding
or -salting of roads.
2. Member States shall send the Commission lists of any such
zones or agglomerations together with information on concentrations and sources of PM10 therein.
3.
When informing the Commission in accordance with
Article 27, Member States shall provide the necessary evidence to
demonstrate that any exceedances are due to re-suspended particulates and that reasonable measures have been taken to lower
the concentrations.
4.
Without prejudice to Article 20, in the case of zones and
agglomerations referred to in paragraph 1 of this Article, Member States need to establish the air quality plan provided for in
Article 23 only in so far as exceedances are attributable to PM10
sources other than winter-sanding or -salting of roads.
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5.
The Commission shall by 11 June 2010 publish guidelines
for determination of contributions from the re-suspension of particulates following winter-sanding or -salting of roads.
11.6.2008
CHAPTER IV
PLANS
Article 23
Article 22
Postponement of attainment deadlines and exemption
from the obligation to apply certain limit values
1.
Where, in a given zone or agglomeration, conformity with
the limit values for nitrogen dioxide or benzene cannot be
achieved by the deadlines specified in Annex XI, a Member State
may postpone those deadlines by a maximum of five years for
that particular zone or agglomeration, on condition that an air
quality plan is established in accordance with Article 23 for the
zone or agglomeration to which the postponement would apply;
such air quality plan shall be supplemented by the information
listed in Section B of Annex XV related to the pollutants concerned and shall demonstrate how conformity will be achieved
with the limit values before the new deadline.
2.
Where, in a given zone or agglomeration, conformity with
the limit values for PM10 as specified in Annex XI cannot be
achieved because of site-specific dispersion characteristics, adverse
climatic conditions or transboundary contributions, a Member
State shall be exempt from the obligation to apply those limit values until 11 June 2011 provided that the conditions laid down in
paragraph 1 are fulfilled and that the Member State shows that all
appropriate measures have been taken at national, regional and
local level to meet the deadlines.
3.
Where a Member State applies paragraphs 1 or 2, it shall
ensure that the limit value for each pollutant is not exceeded by
more than the maximum margin of tolerance specified in
Annex XI for each of the pollutants concerned.
2.
Member States shall, to the extent feasible, ensure consistency with other plans required under Directive 2001/80/EC,
Directive 2001/81/EC or Directive 2002/49/EC in order to
achieve the relevant environmental objectives.
4.
Member States shall notify the Commission where, in their
view, paragraphs 1 or 2 are applicable, and shall communicate
the air quality plan referred to in paragraph 1 including all relevant information necessary for the Commission to assess
whether or not the relevant conditions are satisfied. In its assessment, the Commission shall take into account estimated effects
on ambient air quality in the Member States, at present and in the
future, of measures that have been taken by the Member States as
well as estimated effects on ambient air quality of current Community measures and planned Community measures to be proposed by the Commission.
Article 24
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information 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.
5. In drawing up plans as provided for in paragraphs 1 and 3
and in informing the public as referred to in paragraph 4, Member States shall, where appropriate, endeavour to pursue cooperation with third countries, and in particular with candidate
countries.
CHAPTER V
3.
When Member States have drawn up a short-term action
plan, they shall make available to the public and to appropriate
organisations such as environmental organisations, consumer
organisations, organisations representing the interests of sensitive
population groups, 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 these plans.
4.
For the first time before 11 June 2010 and at regular intervals thereafter, the Commission shall publish examples of best
practices for the drawing-up of short-term action plans, including examples of best practices for the protection of sensitive
population groups, including children.
Article 26
Public information
1. Member States shall ensure that the public as well as appropriate organisations such as environmental organisations, consumer organisations, organisations representing the interests of
sensitive populations, other relevant health-care bodies and the
relevant industrial federations are informed, adequately and in
good time, of the following:
(a) ambient air quality in accordance with Annex XVI;
(b) any postponement decisions pursuant to Article 22(1);
(c) any exemptions pursuant to Article 22(2);
Article 25
Transboundary air pollution
1.
Where any alert threshold, limit value or target value plus
any relevant margin of tolerance or long-term objective is
exceeded due to significant transboundary transport of air pollutants or their precursors, the Member States concerned shall cooperate and, where appropriate, draw up joint activities, such as the
preparation of joint or coordinated air quality plans pursuant to
Article 23 in order to remove such exceedances through the
application of appropriate but proportionate measures.
2.
The Commission shall be invited to be present and to assist
in any cooperation referred to in paragraph 1. Where appropriate, the Commission shall, taking into account the reports established pursuant to Article 9 of Directive 2001/81/EC, consider
whether further action should be taken at Community level in
order to reduce precursor emissions responsible for transboundary pollution.
3.
Member States shall, if appropriate pursuant to Article 24,
prepare and implement joint short-term action plans covering
neighbouring zones in other Member States. Member States shall
ensure that neighbouring zones in other Member States which
have developed short-term action plans receive all appropriate
information.
4.
Where the information threshold or alert thresholds are
exceeded in zones or agglomerations close to national borders,
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2.
In any event, for the specific purpose of assessing compliance with the limit values and critical levels and the attainment of
target values, such information shall be made available to the
Commission no later than nine months after the end of each year
and shall include:
(a) the changes made in that year to the list and delimitation of
zones and agglomerations established under Article 4;
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4. The Commission shall publish guidance on the demonstration of equivalence referred to in Section B of Annex VI.
CHAPTER VI
COMMITTEE, TRANSITIONAL AND FINAL PROVISIONS
Article 29
(b) the list of zones and agglomerations in which the levels of
one or more pollutants are higher than the limit values plus
the margin of tolerance where applicable or higher than target values or critical levels; and for these zones and
agglomerations:
(i)
Committee
1. The Commission shall be assisted by a committee, the
Ambient Air Quality Committee.
2. Where reference is made to this paragraph, Articles 5 and 7
of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
The period laid down in Article 5(6) of Decision 1999/468/EC
shall be set at three months.
3. Where reference is made to this paragraph, Article 5a(1)
to (4) and Article 7 of Decision 1999/468/EC shall apply, having
regard to the provisions of Article 8 thereof.
Article 30
Penalties
Article 28
Implementing measures
1.
Measures designed to amend the non-essential elements of
this Directive, namely Annexes I to VI, Annexes VIII to X and
Annex XV, shall be adopted in accordance with the regulatory
procedure with scrutiny referred to in Article 29(3).
(a) the limit values, exposure reduction targets, critical levels, target values, information or alert thresholds or long-term
objectives specified in Annex VII and Annexes XI to XIV;
1.
Directives 96/62/EC, 1999/30/EC, 2000/69/EC and
2002/3/EC shall be repealed as from 11 June 2010, without
prejudice to the obligations on the Member States relating to
time-limits for transposition or application of those Directives.
(b) the dates for compliance with any of the parameters referred
to in point (a).
2.
The Commission shall, in accordance with the regulatory
procedure referred to in Article 29(2), determine the additional
information to be made available by Member States pursuant to
Article 27 as well as the timescales in which such information is
to be communicated.
The Commission shall also identify ways of streamlining the way
data are reported and the reciprocal exchange of information and
data from networks and individual stations measuring ambient air
pollution within the Member States, in accordance with the regulatory procedure referred to in Article 29(2).
3.
The Commission shall draw up guidelines for the agreements on setting up common measuring stations as referred to in
Article 6(5).
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2.
Notwithstanding the first subparagraph of paragraph 1, the
following Articles shall remain in force:
(a) Article 5 of Directive 96/62/EC until 31 December 2010;
(b) Article 11(1) of Directive 96/62/EC and Article 10(1), (2)
and (3) of Directive 2002/3/EC until the end of the second
calendar year following the entry into force of the implementing measures referred to in Article 28(2) of this
Directive;
(c) Article 9(3) and (4) of Directive 1999/30/EC until 31 December 2009.
3.
References made to the repealed Directives shall be construed as being made to this Directive and should be read in
accordance with the correlation table in Annex XVII.
4.
Decision 97/101/EC shall be repealed with effect from the
end of the second calendar year following the entry into force of
the implementing measures referred to in Article 28(2) of this
Directive.
However, the third, fourth and fifth indents of Article 7 of Decision 97/101/EC shall be deleted with effect from 11 June 2008.
Article 32
Review
1. In 2013 the Commission shall review the provisions related
to PM2,5 and, as appropriate, other pollutants, and shall present a
proposal to the European Parliament and the Council.
As regards PM2,5, the review shall be undertaken with a view to
establishing a legally binding national exposure reduction obligation in order to replace the national exposure reduction target and
to review the exposure concentration obligation laid down in
Article 15, taking into account, inter alia, the following elements:
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Article 34
Entry into force
This Directive shall enter into force on the day of its publication
in the Official Journal of the European Union.
Article 35
Addressees
2.
The Commission shall take into account the feasibility of
adopting a more ambitious limit value for PM2,5, shall review the
indicative limit value of the second stage for PM2,5 and consider
confirming or altering that value.
H.-G. PTTERING
J. LENARI
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11.6.2008
ANNEX I
DATA QUALITY OBJECTIVES
Benzene
Particulate matter
(PM10/PM2,5) and
lead
Uncertainty
15 %
25 %
25 %
15 %
90 %
90 %
90 %
90 % during
summer
75 % during winter
35 % (2)
industrial sites
90 %
Uncertainty
25 %
30 %
50 %
30 %
90 %
90 %
90 %
90 %
14 % (4)
14 % (3)
14 % (4)
> 10 % during
summer
Hourly
50 %
50 %
Eight-hour averages
50 %
50 %
Daily averages
50 %
Annual averages
30 %
50 %
50 %
Objective estimation
Uncertainty
75 %
100 %
100 %
75 %
Indicative measurements
( ) Member States may apply random measurements instead of continuous measurements for benzene, lead and particulate matter if
they can demonstrate to the Commission that the uncertainty, including the uncertainty due to random sampling, meets the quality
objective of 25 % and the time coverage is still larger than the minimum time coverage for indicative measurements. Random sampling must be evenly distributed over the year in order to avoid skewing of results. The uncertainty due to random sampling may be
determined by the procedure laid down in ISO 11222 (2002) Air Quality Determination of the Uncertainty of the Time Average
of Air Quality Measurements. If random measurements are used to assess the requirements of the PM10 limit value, the 90,4 percentile (to be lower than or equal to 50 g/m3) should be evaluated instead of the number of exceedances, which is highly influenced
by data coverage.
(2) Distributed over the year to be representative of various conditions for climate and traffic.
(3) One days measurement a week at random, evenly distributed over the year, or eight weeks evenly distributed over the year.
(4) One measurement a week at random, evenly distributed over the year, or eight weeks evenly distributed over the year.
1
The uncertainty (expressed at a 95 % confidence level) of the assessment methods will be evaluated in accordance with
the principles of the CEN Guide to the Expression of Uncertainty in Measurement (ENV 13005-1999), the methodology of ISO 5725:1994 and the guidance provided in the CEN report Air Quality Approach to Uncertainty Estimation for Ambient Air Reference Measurement Methods (CR 14377:2002E). The percentages for uncertainty in the above
table are given for individual measurements averaged over the period considered by the limit value (or target value in
the case of ozone), for a 95 % confidence interval. The uncertainty for the fixed measurements shall be interpreted as
being applicable in the region of the appropriate limit value (or target value in the case of ozone).
The uncertainty for modelling is defined as the maximum deviation of the measured and calculated concentration levels
for 90 % of individual monitoring points, over the period considered, by the limit value (or target value in the case of
ozone), without taking into account the timing of the events. The uncertainty for modelling shall be interpreted as being
applicable in the region of the appropriate limit value (or target value in the case of ozone). The fixed measurements
that have to be selected for comparison with modelling results shall be representative of the scale covered by the model.
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The uncertainty for objective estimation is defined as the maximum deviation of the measured and calculated concentration levels, over the period considered, by the limit value (or target value in the case of ozone), without taking into
account the timing of the events.
The requirements for minimum data capture and time coverage do not include losses of data due to the regular calibration or the normal maintenance of the instrumentation.
a description of results, including uncertainties and, in particular, the extent of any area or, if relevant, the length
of road within the zone or agglomeration over which concentrations exceed any limit value, target value or longterm objective plus margin of tolerance, if applicable, and of any area within which concentrations exceed the
upper assessment threshold or the lower assessment threshold,
the population potentially exposed to levels in excess of any limit value for protection of human health.
that all measurements undertaken in relation to the assessment of ambient air quality pursuant to Articles 6
and 9 are traceable in accordance with the requirements set out in Section 5.6.2.2 of the ISO/IEC 17025:2005,
that institutions operating networks and individual stations have an established quality assurance and quality
control system which provides for regular maintenance to assure the accuracy of measuring devices,
that a quality assurance/quality control process is established for the process of data collection and reporting
and that institutions appointed for this task actively participate in the related Community-wide quality assurance programmes,
that the national laboratories, when appointed by the appropriate competent authority or body designated pursuant to Article 3, that are taking part in Community-wide intercomparisons covering pollutants regulated in
this Directive, are accredited according to EN/ISO 17025 by 2010 for the reference methods referred to in
Annex VI. These laboratories shall be involved in the coordination on Member States territory of the Community wide quality assurance programmes to be organised by the Commission and shall also coordinate, on the
national level, the appropriate realisation of reference methods and the demonstration of equivalence of nonreference methods.
2. All reported data under Article 27 shall be deemed to be valid except data flagged as provisional.
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11.6.2008
ANNEX II
Determination of requirements for assessment of concentrations of sulphur dioxide, nitrogen dioxide and
oxides of nitrogen, particulate matter (PM10 and PM2,5), lead, benzene and carbon monoxide in ambient air
within a zone or agglomeration
1. Sulphur dioxide
Health protection
Vegetation protection
3
80 % of limit value
(32 g/m3)
80 % of critical level
(24 g/m3)
65 % of limit value
(26 g/m3)
65 % of critical level
(19,5 g/m3)
Annual average
PM2,5 (1)
70 % of limit value
(28 g/m3)
70 % of limit value
(17 g/m3)
50 % of limit value
(20 g/m3)
50 % of limit value
(12 g/m3)
(1) The upper assessment threshold and the lower assessment threshold for PM2,5 do not apply to the measurements to assess compliance with the PM2,5 exposure reduction target for the protection of human health.
4. Lead
Annual average
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5. Benzene
Annual average
6. Carbon monoxide
Eight-hour average
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ANNEX III
Assessment of ambient air quality and location of sampling points for the measurement of sulphur dioxide,
nitrogen dioxide and oxides of nitrogen, particulate matter (PM10 and PM2,5), lead, benzene
and carbon monoxide in ambient air
A. General
Ambient air quality shall be assessed in all zones and agglomerations in accordance with the following criteria:
1. Ambient air quality shall be assessed at all locations except those listed in paragraph 2, in accordance with the criteria
established by Sections B and C for the location of sampling points for fixed measurement. The principles established
by Sections B and C shall also apply in so far as they are relevant in identifying the specific locations in which concentration of the relevant pollutants are established where ambient air quality is assessed by indicative measurement or
modelling.
2. Compliance with the limit values directed at the protection of human health shall not be assessed at the following
locations:
(a) any locations situated within areas where members of the public do not have access and there is no fixed habitation;
(b) in accordance with Article 2(1), on factory premises or at industrial installations to which all relevant provisions
concerning health and safety at work apply;
(c) on the carriageway of roads; and on the central reservations of roads except where there is normally pedestrian
access to the central reservation.
the areas within zones and agglomerations where the highest concentrations occur 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 value(s),
levels in other areas within the zones and agglomerations which are representative of the exposure of the general population,
(b) Sampling points shall in general be sited in such a way as to avoid measuring very small micro-environments in
their immediate vicinity, which means that a sampling point must be sited in such a way that the air sampled is
representative of air quality for a street segment no less than 100 m length at traffic-orientated sites and at least
250 m 250 m at industrial sites, where feasible;
(c) Urban background locations shall be located so that their pollution level is influenced by the integrated contribution from all sources upwind of the station. The pollution level should not be dominated by a single source unless
such a situation is typical for a larger urban area. Those sampling points shall, as a general rule, be representative for
several square kilometres;
(d) Where the objective is to assess rural background levels, the sampling point shall not be influenced by agglomerations or industrial sites in its vicinity, i.e. sites closer than five kilometres;
(e) Where contributions from industrial sources are to be assessed, at least one sampling point shall be installed downwind of the source in the nearest residential area. Where the background concentration is not known, an additional
sampling point shall be situated within the main wind direction;
(f) Sampling points shall, where possible, also be representative of similar locations not in their immediate vicinity;
(g) Account shall be taken of the need to locate sampling points on islands where that is necessary for the protection
of human health.
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the flow around the inlet sampling probe shall be unrestricted (free in an arc of at least 270) without any obstructions affecting the airflow in the vicinity of the sampler (normally some metres away from buildings, balconies,
trees and other obstacles and at least 0,5 m from the nearest building in the case of sampling points representing
air quality at the building line),
in general, the inlet sampling point shall be between 1,5 m (the breathing zone) and 4 m above the ground. Higher
positions (up to 8 m) may be necessary in some circumstances. Higher siting may also be appropriate if the station
is representative of a large area,
the inlet probe shall not be positioned in the immediate vicinity of sources in order to avoid the direct intake of
emissions unmixed with ambient air,
the samplers exhaust outlet shall be positioned so that recirculation of exhaust air to the sampler inlet is avoided,
for all pollutants, traffic-orientated sampling probes shall be at least 25 m from the edge of major junctions and
no more than 10 m from the kerbside.,
interfering sources,
security,
access,
planning requirements.,
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ANNEX IV
MEASUREMENTS AT RURAL BACKGROUND LOCATIONS IRRESPECTIVE OF CONCENTRATION
A. Objectives
The main objectives of such measurements are to ensure that adequate information is made available on levels in the
background. This information is essential to judge the enhanced levels in more polluted areas (such as urban background, industry related locations, traffic related locations), assess the possible contribution from long-range transport
of air pollutants, support source apportionment analysis and for the understanding of specific pollutants such as particulate matter. It is also essential for the increased use of modelling also in urban areas.
B. Substances
Measurement of PM2,5 must include at least the total mass concentration and concentrations of appropriate compounds
to characterise its chemical composition. At least the list of chemical species given below shall be included.
SO42
NO3
Na+
NH4+
Cl
Ca2+
2+
Mg
C. Siting
Measurements should be taken in particular in rural background areas in accordance with parts A, B and C of Annex III.
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L 152/21
ANNEX V
Criteria for determining minimum numbers of sampling points for fixed measurement of concentrations
of sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter (PM10, PM2,5),
lead, benzene and carbon monoxide in ambient air
A. Minimum number of sampling points for fixed measurement to assess compliance with limit values for the protection
of human health and alert thresholds in zones and agglomerations where fixed measurement is the sole source of
information
1. Diffuse sources
Population
of agglomeration
or zone
(thousands)
Pollutants except PM
PM (2) (sum
of PM10 and PM2,5)
Pollutants except PM
PM (2) (sum
of PM10 and PM2,5)
0-249
250-499
500-749
750-999
1 000-1 499
1 500-1 999
2 000-2 749
2 750-3 749
10
3 750-4 749
11
4 750-5 999
13
6 000
10
15
(1) For nitrogen dioxide, particulate matter, benzene and carbon monoxide: to include at least one urban background monitoring
station and one traffic-orientated station provided this does not increase the number of sampling points. For these pollutants,
the total number of urban-background stations and the total number of traffic oriented stations in a Member State required under
Section A(1) shall not differ by more than a factor of 2. Sampling points with exceedances of the limit value for PM10 within the
last three years shall be maintained, unless a relocation is necessary owing to special circumstances, in particular spatial development.
(2) Where PM2,5 and PM10 are measured in accordance with Article 8 at the same monitoring station, these shall count as two separate sampling points. The total number of PM2,5 and PM10 sampling points in a Member State required under Section A(1) shall
not differ by more than a factor of 2, and the number of PM2,5 sampling points in the urban background of agglomerations and
urban areas shall meet the requirements under Section B of Annex V.
2. Point sources
For the assessment of pollution in the vicinity of point sources, the number of sampling points for fixed measurement shall be calculated taking into account emission densities, the likely distribution patterns of ambient-air pollution and the potential exposure of the population.
B. Minimum number of sampling points for fixed measurement to assess compliance with the PM2,5 exposure reduction
target for the protection of human health
One sampling point per million inhabitants summed over agglomerations and additional urban areas in excess of
100 000 inhabitants shall be operated for this purpose. Those sampling points may coincide with sampling points under
Section A.
C. Minimum number of sampling points for fixed measurements to assess compliance with critical levels for the protection of vegetation in zones other than agglomerations
If maximum concentrations exceed the upper assessment
threshold
In island zones the number of sampling points for fixed measurement should be calculated taking into account the likely
distribution patterns of ambient-air pollution and the potential exposure of vegetation.
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ANNEX VI
Reference methods for assessment of concentrations of sulphur dioxide, nitrogen dioxide and oxides of
nitrogen, particulate matter (PM10 and PM2,5), lead, benzene, carbon monoxide, and ozone
B. Demonstration of equivalence
1. A Member State may use any other method which it can demonstrate gives results equivalent to any of the methods
referred to in Section A or, in the case of particulate matter, any other method which the Member State concerned can
demonstrate displays a consistent relationship to the reference method. In that event the results achieved by that method
must be corrected to produce results equivalent to those that would have been achieved by using the reference method.
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2. The Commission may require the Member States to prepare and submit a report on the demonstration of equivalence
in accordance with paragraph 1.
3. When assessing the acceptability of the report mentioned in paragraph 2, the Commission will make reference to its
guidance on the demonstration of equivalence (to be published). Where Member States have been using interim factors
to approximate equivalence, the latter shall be confirmed and/or amended with reference to the Commissions guidance.
4. Member States should ensure that whenever appropriate, the correction is also applied retroactively to past measurement data in order to achieve better data comparability.
C. Standardisation
For gaseous pollutants the volume must be standardised at a temperature of 293 K and an atmospheric pressure of
101,3 kPa. For particulate matter and substances to be analysed in particulate matter (e.g. lead) the sampling volume
refers to ambient conditions in terms of temperature and atmospheric pressure at the date of measurements.
E.
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11.6.2008
ANNEX VII
OZONE TARGET VALUES AND LONG-TERM OBJECTIVES
1. Definitions
AOT40 (expressed in (g/m3) hours) means the sum of the difference between hourly concentrations greater than
80 g/m3 (= 40 parts per billion) and 80 g/m3 over a given period using only the one-hour values measured
between 8.00 and 20.00 Central European Time (CET) each day.
2. Criteria
The following criteria shall be used for checking validity when aggregating data and calculating statistical parameters:
Parameter
75 % (i.e. 45 minutes)
AOT40
90 % of the one hour values over the time period defined for calculating the
AOT40 value (1)
Annual mean
five out of six months over the summer season (April to September)
(1) In cases where all possible measured data are not available, the following factor shall be used to calculate AOT40 values:
total possible number of hours (*)
AOT40estimate = AOT40measured
number of measured hourly values
(*) being the number of hours within the time period of AOT40 definition, (i.e. 08:00 to 20:00 CET from 1 May to 31 July each year,
for vegetation protection and from 1 April to 30 September each year for forest protection).
B. Target values
Objective
Averaging period
Target value
Protection of human
health
Maximum daily
eight-hour mean (2)
1.1.2010
Protection of
vegetation
May to July
1.1.2010
(1) Compliance with target values will be assessed as of this date. That is, 2010 will be the first year the data for which is used in calculating compliance over the following three or five years, as appropriate.
(2) The maximum daily eight-hour mean concentration shall be selected by examining eight-hour running averages, calculated from
hourly data and updated each hour. Each eight -hour average so calculated shall be assigned to the day on which it ends. i.e. the first
calculation period for any one day will be the period from 17:00 on the previous day to 01:00 on that day; the last calculation period
for any one day will be the period from 16:00 to 24:00 on the day.
(3) If the three or five year averages cannot be determined on the basis of a full and consecutive set of annual data, the minimum annual
data required for checking compliance with the target values will be as follows:
for the target value for the protection of human health: valid data for one year,
for the target value for the protection of vegetation: valid data for three years.
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L 152/25
C. Long-term objectives
Objective
Averaging period
Longterm objective
Date by which
the longterm objective
should be met
Protection of human
health
120 g/m3
not defined
Protection of
vegetation
May to July
AOT40 (calculated
from 1 h values)
6 000 g/m3 h
not defined
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11.6.2008
ANNEX VIII
Criteria for classifying and locating sampling points for assessments of ozone concentrations
A. Macroscale siting
Type of station
Urban
Objectives of measurement
Representativeness (1)
A few km2
Suburban
Some tens
of km2
Rural
Sub-regional
levels
to assess the exposure of population, crops and natural ecosystems to sub-regional scale ozone
concentrations
(some
hundreds
of km2)
Rural
background
Regional/
national/
continental
levels
(1 000 to
10 000 km2)
(1) Sampling points should, where possible, be representative of similar locations not in their immediate vicinity.
For rural and rural background stations the location shall, where appropriate, be coordinated with the monitoring
requirements of Commission Regulation (EC) No 1737/2006 of 7 November 2006 laying down detailed rules for the
implementation of Regulation (EC) No 2152/2003 of the European Parliament and of the Council concerning monitoring of forests and environmental interactions in the Community (1).
(1) OJ L 334, 30.11.2006, p. 1.
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B. Microscale siting
In so far as is practicable the procedure on microscale siting in Section C of Annex III shall be followed, ensuring also
that the inlet probe is positioned well away from such sources as furnaces and incineration flues and more than 10 m
from the nearest road, with distance increasing as a function of traffic intensity.
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11.6.2008
ANNEX IX
Criteria for determining the minimum number of sampling points for fixed measurement
of concentrations of ozone
A. Minimum number of sampling points for fixed continuous measurements to assess compliance with target values, long-term objectives and information and alert thresholds where such measurements are the sole source
of information
Population ( 1 000)
Agglomerations (urban
and suburban) (1)
< 250
Rural background
< 500
< 1 000
< 1 500
< 2 000
< 2 750
< 3 750
> 3 750
(1) At least 1 station in suburban areas, where the highest exposure of the population is likely to occur. In agglomerations at least 50 %
of the stations shall be located in suburban areas.
(2) 1 station per 25 000 km2 for complex terrain is recommended.
B. Minimum number of sampling points for fixed measurements for zones and agglomerations attaining the longterm objectives
The number of sampling points for ozone shall, in combination with other means of supplementary assessment such as
air quality modelling and collocated nitrogen dioxide measurements, be sufficient to examine the trend of ozone pollution and check compliance with the long-term objectives. The number of stations located in agglomerations and other
zones may be reduced to one-third of the number specified in Section A. Where information from fixed measurement
stations is the sole source of information, at least one monitoring station shall be kept. If, in zones where there is supplementary assessment, the result of this is that a zone has no remaining station, coordination with the number of stations
in neighbouring zones shall ensure adequate assessment of ozone concentrations against long-term objectives. The number of rural background stations shall be one per 100 000 km2.
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L 152/29
ANNEX X
MEASUREMENTS OF OZONE PRECURSOR SUBSTANCES
A. Objectives
The main objectives of such measurements are to analyse any trend in ozone precursors, to check the efficiency of emission reduction strategies, to check the consistency of emission inventories and to help attribute emission sources to
observed pollution concentrations.
An additional aim is to support the understanding of ozone formation and precursor dispersion processes, as well as
the application of photochemical models.
B. Substances
Measurement of ozone precursor substances shall include at least nitrogen oxides (NO and NO2), and appropriate volatile organic compounds (VOC). A list of volatile organic compounds recommended for measurement is given below:
1-Butene
Isoprene
Ethyl benzene
Ethane
Trans-2-Butene
n-Hexane
m + p-Xylene
Ethylene
cis-2-Butene
i-Hexane
o-Xylene
Acetylene
1,3-Butadiene
n-Heptane
1,2,4-Trimethylebenzene
Propane
n-Pentane
n-Octane
1,2,3-Trimethylebenzene
Propene
i-Pentane
i-Octane
1,3,5-Trimethylebenzene
n-Butane
1-Pentene
Benzene
Formaldehyde
i-Butane
2-Pentene
Toluene
C. Siting
Measurements shall be taken in particular in urban or suburban areas at any monitoring site set up in accordance with
the requirements of this Directive and considered appropriate with regard to the monitoring objectives referred to in
Section A.
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11.6.2008
ANNEX XI
LIMIT VALUES FOR THE PROTECTION OF HUMAN HEALTH
A. Criteria
Without prejudice to Annex I, the following criteria shall be used for checking validity when aggregating data and calculating statistical parameters:
Parameter
75 % (i.e. 45 minutes)
24-hour values
Annual mean
90 % (1) of the one hour values or (if not available) 24-hour values
over the year
(1) The requirements for the calculation of annual mean do not include losses of data due to the regular calibration or the normal maintenance of the instrumentation.
B. Limit values
Averaging Period
Limit value
Margin of tolerance
Sulphur dioxide
One hour
( 1)
One day
None
( 1)
One hour
1 January 2010
Calendar year
40 g/m3
1 January 2010
5 g/m3
5 g/m3 (100 %) on 13 December 2000, decreasing on 1 January 2006 and every 12 months
thereafter by 1 g/m3 to reach
0 % by 1 January 2010
1 January 2010
10 mg/m3
60 %
Nitrogen dioxide
Benzene
Calendar year
Carbon monoxide
maximum daily
eight hour
mean (2)
( 1)
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Averaging Period
Limit value
Margin of tolerance
L 152/31
Date by which limit value
is to be met
Lead
0,5 g/m3 (3)
100 %
( 3)
One day
50 %
( 1)
Calendar year
40 g/m3
20 %
( 1)
Calendar year
PM10
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11.6.2008
ANNEX XII
INFORMATION AND ALERT THRESHOLDS
Alert threshold
Sulphur dioxide
500 g/m3
Nitrogen dioxide
400 g/m3
Information
Alert
Averaging period
Threshold
1 hour
180 g/m3
1 hour (1)
240 g/m3
(1) For the implementation of Article 24, the exceedance of the threshold is to be measured or predicted for three consecutive hours.
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L 152/33
ANNEX XIII
CRITICAL LEVELS FOR THE PROTECTION OF VEGETATION
Averaging period
Critical level
Margin of tolerance
20 g/m3
None
30 g/m3 NOx
None
Sulphur dioxide
Calendar year and winter
(1 October to 31 March)
Oxides of nitrogen
Calendar year
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11.6.2008
ANNEX XIV
NATIONAL EXPOSURE REDUCTION TARGET, TARGET VALUE AND LIMIT VALUE FOR PM2,5
0%
10 %
= 13 < 18
15 %
= 18 < 22
20 %
22
2020
Where the AEI in the reference year is 8,5 g/m3 or less the exposure reduction target shall be zero. The reduction target shall be zero also in cases where the AEI reaches the level of 8,5 g/m3 at any point of time during the period from
2010 to 2020 and is maintained at or below that level.
20 g/m3
2015
D. Target value
Averaging period
Calendar year
Target value
25 g/m
1 January 2010
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E.
L 152/35
Limit value
Averaging period
Limit value
Margin of tolerance
STAGE 1
Calendar year
25 g/m3
1 January 2015
STAGE 2 (1)
Calendar year
20 g/m3
1 January 2020
(1) Stage 2 indicative limit value to be reviewed by the Commission in 2013 in the light of further information on health and
environmental effects, technical feasibility and experience of the target value in Member States.
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ANNEX XV
Information to be included in the local, regional or national air quality plans for improvement
in ambient air quality
region;
(b)
city (map);
(c)
2. General information
(a)
(b)
estimate of the polluted area (km2) and of the population exposed to the pollution;
(c)
(d)
(e)
3. Responsible authorities
Names and addresses of persons responsible for the development and implementation of improvement plans.
concentrations observed over previous years (before the implementation of the improvement measures);
(b)
(c)
5. Origin of pollution
(a)
(b)
(c)
details of those factors responsible for the exceedance (e.g. transport, including cross-border transport, formation
of secondary pollutants in the atmosphere);
(b)
7. Details of those measures or projects for improvement which existed prior to 11 June 2008, i.e:
(a)
(b)
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8. Details of those measures or projects adopted with a view to reducing pollution following the entry into force of this Directive:
(a)
listing and description of all the measures set out in the project;
(b)
(c)
estimate of the improvement of air quality planned and of the expected time required to attain these objectives.
9. Details of the measures or projects planned or being researched for the long term.
10. List of the publications, documents, work, etc., used to supplement information required under this Annex.
Council Directive 70/220/EEC of 20 March 1970 on the approximation of the laws of the Member States on measures to be taken against air pollution by emissions from motor vehicles (1);
2.
Directive 94/63/EC of the European Parliament and of the Council of 20 December 1994 on the control of volatile
organic compound (VOC) emissions resulting from the storage of petrol and its distribution from terminals to
service stations (2);
3.
Directive 2008/1/EC of the European Parliament and of the Council of 15 January 2008 concerning integrated
pollution prevention and control (3);
4.
Directive 97/68/EC of the European Parliament and of the Council of 16 December 1997 on the approximation
of the laws of the Member States relating to measures against the emission of gaseous and particulate pollutants
from internal combustion engines to be installed in non-road mobile machinery (4);
5.
Directive 98/70/EC of the European Parliament and of the Council of 13 October 1998 relating to the quality of
petrol and diesel fuels (5);
6.
Council Directive 1999/13/EC of 11 March 1999 on the limitation of emissions of volatile organic compounds
due to the use of organic solvents in certain activities and installations (6);
7.
Council Directive 1999/32/EC of 26 April 1999 relating to a reduction in the sulphur content of certain liquid
fuels (7);
8.
Directive 2000/76/EC of the European Parliament and of the Council of 4 December 2000 on the incineration of
waste (8);
9.
Directive 2001/80/EC of the European Parliament and of the Council of 23 October 2001 on the limitation of
emissions of certain pollutants into the air from large combustion plants;
10. Directive 2001/81/EC of the European Parliament and of the Council of 23 October 2001 on national emission
ceilings for certain atmospheric pollutants;
(1 )
(2 )
(3 )
(4 )
(5 )
(6 )
OJ L 76, 6.4.1970, p. 1. Directive as last amended by Directive 2006/96/EC (OJ L 363, 20.12.2006, p. 81).
OJ L 365, 31.12.1994, p. 24. Directive as amended by Regulation (EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1).
OJ L 24, 29.1.2008, p. 8.
OJ L 59, 27.2.1998, p. 1. Directive as last amended by Directive 2006/105/EC.
OJ L 350, 28.12.1998, p. 58. Directive as amended by Regulation (EC) No 1882/2003.
OJ L 85, 29.3.1999, p. 1. Directive as last amended by Directive 2004/42/EC of the European Parliament and of the Council (OJ L 143,
30.4.2004, p. 87).
(7) OJ L 121, 11.5.1999, p. 13. Directive as last amended by Directive 2005/33/EC of the European Parliament and of the Council (OJ L 191,
22.7.2005, p. 59).
(8) OJ L 332, 28.12.2000, p. 91.
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11. Directive 2004/42/EC of the European Parliament and of the Council of 21 April 2004 on the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain paints and varnishes and vehicle
refinishing products (1);
12. Directive 2005/33/EC of the European Parliament and of the Council of 6 July 2005 amending Directive
1999/32/EC as regards the sulphur content of marine fuels (2);
13. Directive 2005/55/EC of the European Parliament and of the Council of 28 September 2005 on the approximation of the laws of the Member States relating to the measures to be taken against the emission of gaseous
and particulate pollutants from compression-ignition engines for use in vehicles, and the emission of gaseous
pollutants from positive-ignition engines fuelled with natural gas or liquefied petroleum gas for use in vehicles (3);
14. Directive 2006/32/EC of the European Parliament and of the Council of 5 April 2006 on energy end-use efficiency and energy services (4).
3. Information on all air pollution abatement measures that have been considered at appropriate local, regional or national
level for implementation in connection with the attainment of air quality objectives, including:
(a)
reduction of emissions from stationary sources by ensuring that polluting small and medium sized stationary combustion sources (including for biomass) are fitted with emission control equipment or replaced;
(b)
reduction of emissions from vehicles through retrofitting with emission control equipment. The use of economic
incentives to accelerate take-up should be considered;
(c)
procurement by public authorities, in line with the handbook on environmental public procurement, of road
vehicles, fuels and combustion equipment to reduce emissions, including the purchase of:
(d)
measures to limit transport emissions through traffic planning and management (including congestion pricing, differentiated parking fees or other economic incentives; establishing low emission zones);
(e)
(f)
ensuring that low emission fuels are used in small, medium and large scale stationary sources and in mobile
sources;
(g)
measures to reduce air pollution through the permit system under Directive 2008/1/EC, the national plans under
Directive 2001/80/EC, and through the use of economic instruments such as taxes, charges or emission trading.
(h) where appropriate, measures to protect the health of children or other sensitive groups.
(1 )
(2 )
(3 )
(4 )
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ANNEX XVI
PUBLIC INFORMATION
1. Member States shall ensure that up-to-date information on ambient concentrations of the pollutants covered by this
Directive is routinely made available to the public.
2. Ambient concentrations provided shall be presented as average values according to the appropriate averaging period as
laid down in Annex VII and Annexes XI to XIV. The information shall at least indicate any levels exceeding air quality
objectives including limit values, target values, alert thresholds, information thresholds or long term objectives of the
regulated pollutant. It shall also provide a short assessment in relation to the air quality objectives and appropriate information regarding effects on health, or, where appropriate, vegetation.
3. Information on ambient concentrations of sulphur dioxide, nitrogen dioxide, particulate matter (at least PM10), ozone
and carbon monoxide shall be updated on at least a daily basis, and, wherever practicable, information shall be updated
on an hourly basis. Information on ambient concentrations of lead and benzene, presented as an average value for the
last 12 months, shall be updated on a three-monthly basis, and on a monthly basis, wherever practicable.
4. Member States shall ensure that timely information about actual or predicted exceedances of alert thresholds, and any
information threshold is provided to the public. Details supplied shall include at least the following information:
(a)
highest one hour concentration and in addition highest eight hour mean concentration in the case of ozone;
(c)
expected changes in pollution (improvement, stabilisation or deterioration), together with the reasons for those
changes;
information on the type of population concerned, possible health effects and recommended behaviour:
(d) information on preventive action to reduce pollution and/or exposure to it: indication of main source sectors; recommendations for action to reduce emissions;
(e)
in the case of predicted exceedances, Member State shall take steps to ensure that such details are supplied to the
extent practicable.
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11.6.2008
ANNEX XVII
CORRELATION TABLE
This Directive
Directive 96/62/EC
Article 1
Article 1
Directive 1999/30/EC
Article 1
Directive 2000/69/EC
Article 1
Directive 2002/3/EC
Article 1
Article 2(8)
Article 2(8)
Article 2(7)
Article 2(9)
Article 2(6)
Article 2(9)
Article 2(10)
Article 2(7)
Article 2(6)
Article 2(11)
Article 2(11)
Article 2(12)
Article 2(14)
Article 2(15) and (16)
Article 2(24)
Article 2(13)
and (14)
Article 2(10)
Article 2(11)
and (12)
Article 2(10)
Article 6(5)
Article 2(27)
Article 2(13)
Article 2(28)
Article 2(3)
Article 4
Article 5
Article 7(1)
Article 5(1)
Article 3
Article 3(1)(f)
Article 6(5)
Article 7
Article 7(5)
Article 5(5)
Article 11(1)
Article 9(4)
Article 11(2)
Article 8
Article 9
Article 10
Article 12
Article 13(1)
Article 9
11.6.2008
EN
This Directive
Article 13(2)
Article 13(3)
Directive 96/62/EC
Directive 1999/30/EC
L 152/41
Directive 2000/69/EC
Directive 2002/3/EC
Articles 3(2)
and 4(2)
Article 5(5)
Articles 3(1)
and 4(1) with
amendments
Article 14
Article 15
Article 16
Article 17(1)
Article 17(2)
Article 17(3)
Article 4(2)
Article 18
Article 5
Article 6 with
amendments
Article 19
Article 10 with
amendments
Article 20
Article 8(3)
Articles 3(4)
and 5(4) with
amendments
Article 21
Article 22
Article 23
Article 24
Article 7 with
amendments
Article 25
Article 8 with
amendments
Article 26
Article 8 with
amendments
Article 7 with
amendments
Article 27
Article 11 with
amendments
Article 28(1)
Article 28(2)
Article 11 with
amendments
Article 28(3)
Article 28(4)
Article 29
Article 12(2)
Article 6 with
amendments
Annex IX with
amendments
Article 11
Article 9
Article 10 with
amendments
Article 30
Article 14
Article 31
Article 32
Article 33
Article 13
Article 12
Article 10
Article 15
Article 34
Article 14
Article 13
Article 11
Article 17
Article 35
Article 15
Article 14
Article 12
Article 18
Annex VI
Annex VII
Annex V with
amendments
Annex III
Annex VI
Annex IV
Annex I
Annex II
Annex III
L 152/42
EN
This Directive
Annex IV
Annex V
Annex VI
Annex VII
11.6.2008
Directive 96/62/EC
Directive 1999/30/EC
Directive 2000/69/EC
Directive 2002/3/EC
Annex V
Annex IX with
amendments
Annex VII
Annex VIII
Annex VIII
Annex IV
Annex IX
Annex V
Annex X
Annex VI
Annex XI
Annex XII
Annex XIII
Annex XIV
Annex XV Section A
Annex XV Section B
Annex XVI
Annex I, section I,
Annex II, section I
and Annex III
(with amendments);
Annex IV
(unchanged)
Annex I, section I,
Annex II, section I
Annex IV
Article 8
Annex I, Annex II
Article 7
Article 6 with
amendments
11.6.2008
EN
The Commission takes note of the text adopted by the Council and the European Parliament for the Directive
on ambient air quality and cleaner air for Europe. In particular, the Commission notes the importance attributed by the European Parliament and the Member States in Article 22(4) and recital 16 to Community measures for the abatement of air pollutant emissions at source.
The Commission recognises the need to reduce the emissions of harmful air pollutants if significant progress
is to be delivered towards the objectives established in the Sixth Environmental Action Programme. The Commissions communication on a thematic strategy on air pollution sets out a significant number of possible
Community measures. Significant progress on these and other measures has been made since the adoption of
the strategy:
the Council and Parliament have already adopted new legislation limiting the exhaust emissions of light
duty vehicles,
the Commission has adopted a proposal for new legislation to improve the effectiveness of Community
industrial emissions legislation including intensive agricultural installations and measures to tackle smaller
scale industrial combustion sources,
the Commission has adopted a proposal for new legislation limiting the exhaust emissions of engines
installed in heavy duty vehicles,
in 2008 the Commission foresees new legislative proposals that would:
further reduce the Member States permitted national emissions of key pollutants,
reduce emissions associated with refuelling of petrol cars at service stations,
address the sulphur content of fuels including marine fuels,
preparatory work is also underway to investigate the feasibility of:
improving the eco-design and reducing the emissions of domestic boilers and water heaters,
reducing the solvent content of paints, varnishes and vehicle refinishing products,
reducing the exhaust emissions of non-road mobile machinery and thereby maximise the benefit of
lower sulphur non-road fuels already proposed by the Commission,
The Commission also continues to push for substantial emissions reductions from ships at the International Maritime Organisation and it is committed to bringing forward proposals for Community measures should the IMO fail to deliver sufficiently ambitious proposals as foreseen in 2008.
The Commission is, however, committed to the aims of its Better Regulation initiative and the need for proposals to be underpinned by a comprehensive assessment of the impacts and benefits. In this regard and in
accordance with the Treaty establishing the European Community, the Commission will continue to evaluate
the need to bring forward new legislative proposals but reserves its right to decide if and when it would be
appropriate to present any such proposal.
The Netherlands has always supported the development of ambitious and effective European policy on air quality and will continue to do so in the future. It is, therefore, happy with the compromise agreed by the Council
and the European Parliament and compliments the Parliament, the Commission and the Presidency on the
results achieved. The new Directive on ambient air quality marks significant progress for both the environment and public health.
L 152/43
L 152/44
EN
As the Netherlands pointed out when the Common Position was drawn up, the air quality in our country is
strongly influenced by transboundary developments and will therefore benefit enormously from an effective
European approach. The Netherlands main concern has been that the Directive should contain a balanced
package of European and national measures, as well as realistic time limits to achieve the air quality targets.
Only then will Member States be able to achieve the ambitious targets that have been set.
The Netherlands is pleased with the Commissions statement that it will present Community measures in good
time. Timely, EU-wide compliance with the air quality standards will depend on sound European policy tackling pollution at the source. The Netherlands would especially point to the lack of data and prevailing uncertainties about emissions and concentrations of fine particulates (PM2,5). It will of course make every effort to
meet the objectives of the Directive by the target date. On the basis of the knowledge currently at our command, this will largely be feasible. The Dutch government is developing a National Air Quality Cooperation
Programme to tackle locations where emission ceilings are persistently exceeded, so that, there too, air quality
standards may be met by the target date.
The Netherlands is pleased that the Council and the European Parliament concluded their second reading in
time for the Directive to take effect as of early 2008. This is essential for our own national programme, as well
as actions in the countries around us. The Netherlands will work hard to ensure that the national cooperation
programme and all local and regional measures are sufficient.
11.6.2008