1985L0203 — EN — 01.01.1995 — 002.001 — 1
Thisdocumentismeantpurelyasadocumentationtoolandtheinstitutionsdonotassumeanyliabilityforitscontents
►B COUNCILDIRECTIVE
of7March1985
onairqualitystandardsfornitrogendioxide
(85/203/EEC)
(OJ L 87, 27.3.1985, p. 1)
Amended by:
Official Journal
No page date
►M1Council Directive of 20 December 1985 (85/580/EEC) L 372 36 31.12.1985
►M2Council Directive of 23 December 1991 (91/692/EEC) L 377 48 31.12.1991
Amended by:
►A1Act of Accession of Austria, Sweden and Finland C 241 21 29.8.1994
(adapted by Council Decision 95/1/EC, Euratom, ECSC) L 1 1 1.1.1995
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COUNCILDIRECTIVE
of7March1985
onairqualitystandardsfornitrogendioxide
(85/203/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community, and in particular Articles 100 and 235 thereof,
Having regard to the proposal from the Commission(1),
Having regard to the opinion of the European Parliament(2),
Having regard to the opinion of the Economic and Social Committee(3),
Whereas the programmes of action of the European Communities on the
environment of 1973(4), 1977(5) and 1982(6) provide that priority is to
be given to measures against nitrogen dioxide because of its noxiousnessand having regard to the current state of knowledge of its effects onhuman health and the environment;
Whereas insufficient technical and scientific information is available to
enable the Council to lay down specific standards for the environment
generally and whereas the adoption of limit values for the protection ofhuman health will contribute to the protection of the environment aswell;
Whereas any discrepancy between the provisions already applicable or
being drawn up in the various Member States with regard to nitrogen
dioxide in the air could give rise to unequal conditions of competitionand could in consequence directly affect the functioning of the commonmarket; whereas, therefore, the approximation of laws prescribed inArticle 100 of the Treaty should be carried out in this area;
Whereas one of the basictasks of the Community is to promote
throughout the Community a harmonious development of economicactivities and a continued and balanced expansion, which is incon-ceivable without an attack on pollution and nuisance or an improvementin the quality of life and the protection of the environment; whereas,
since the Treaty has not provided the necessary powers, recourse must
be had to Article 235 of the Treaty;
Whereas, in order to protect in particular human health and the
environment, it is necessary to set for nitrogen dioxide a limit valuewhich must not be exceeded in the territory of the Member States during
specified periods and whereas this value should be based on the results
of work carried out for the World Health Organization, particularly withregard to the dose/effect relationships established for this pollutant;
Whereas, despite the measures taken, it may not be possible to comply
with the limit value in certain zones; whereas the Member States may be
allowed temporary derogations on condition that they forward to the
Commission plans for the gradual improvement of the quality of the airin these zones;
Whereas it is expected that the Council will shortly establish a further
legal act enabling Member States to impose significantly lower limit
values for exhaust gases from motor vehicles;
Whereas the measures taken pursuant to this Directive must be
economically feasible and compatible with balanced development;1985L0203 — EN — 01.01.1995 — 002.001 — 2
(1) OJ No C 258, 27. 9. 1983, p. 3.
(2) OJ No C 337, 17. 12. 1984, p. 434.
(3) OJ No C 206, 6. 8. 1984, p. 1.
(4) OJ No C 112, 20. 12. 1973, p. 1.
(5) OJ No C 139, 13. 6. 1977, p. 1.
(6) OJ No C 46, 17. 2. 1983, p. 1.
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Whereas nitrogen dioxide is also a precursor in the formation of
photochemical oxidants which can be harmful to man and theenvironment and whereas preventive action can help reduce their
formation;
Whereas it is necessary to establish measuring stations to monitor
compliance with the limit value for nitrogen dioxide and whereas it isdesirable that these stations also measure nitricoxide whic h is anintermediary step in the formation of nitrogen dioxide;
Whereas, in view of the existence of different methods of analysis in the
Member States, it is necessary to permit, under certain conditions, theuse of methods of analysis other than the reference method laid down in
the Directive;
Whereas, in addition to the limit value, there is a need to provide for
guide values to improve the protection of human health and contribute to
the long-term protection of the environment;
Whereas subsequent changes in the reference method of analysis
referred to in this Directive may be desirable in the light of technical andscientific progress in this area; whereas, in order to facilitate theimplementation of the work necessary to this end, a procedure should beset up to establish close cooperation between Member States and the
Commission within a Committee on Adaptation to Scientific and
Technical Progress,
HAS ADOPTED THIS DIRECTIVE:
Article 1
1. The purpose of this Directive is to:
— fix a limit value (Annex I) for nitrogen dioxide in the atmosphere
specifically to help protect human beings against the effects of
nitrogen dioxide in the environment,
— lay down guide values (Annex II) for nitrogen dioxide in the
atmosphere in order to improve the protection of human health and
contribute to the long-term protection of the environment.
2. This Directive shall not apply to exposure at work or inside
buildings.
Article 2
For the purposes of this Directive:
— ‘limit value’ means the concentration of nitrogen dioxide as defined
in the table in Annex I which must not be exceeded throughout theterritory of the Member States during specified periods and under theconditions laid down in the following Articles,
— ‘guide values’ means the concentrations of nitrogen dioxide as given
in Annex II considered over specified periods and intended, inparticular, to serve as reference points for the establishment ofspecific schemes within zones determined by the Member States.
Article 3
1. Member States shall take the necessary measures to ensure that as
from 1 July 1987 the concentrations of nitrogen dioxide in theatmosphere measured in accordance with Annex III are not greater
than the limit value given in Annex I.
2. However, when in particular circumstances the nitrogen dioxide
concentrations in the atmosphere in certain zones are likely, despite themeasures taken, to exceed the limit value in Annex I after 1 July 1987,the Member State concerned shall inform the Commission thereofbefore 1 July 1987.
It shall forward plans for the gradual improvement of the quality of the
air in these zones to the Commission as soon as possible. These plans,drawn up on the basis of relevant information on the nature, origin and1985L0203 — EN — 01.01.1995 — 002.001 — 3
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development of this pollution, shall describe, in particular, the measures
taken or to be taken and the procedures implemented or to beimplemented by the Member State concerned. These measures and
procedures must aim at reducing the nitrogen dioxide concentrations in
the atmosphere within these zones to values not exceeding the limitvalue given in Annex I as rapidly as possible and by 1 January 1994 atthe latest.
Article 4
1. In the zones in which the Member State concerned considers it
necessary to limit or prevent a foreseeable increase in pollution bynitrogen dioxide in the wake of urban or industrial development inparticular, it may fix values lower than the limit value in Annex I.
2. In zones which the Member State concerned considers should be
afforded special environmental protection, it may fix values which are
generally lower than the guide values in Annex II.
Article 5
Member States may, at any time, fix values more stRingent than those
laid down in this Directive.
Article 6
Member States shall establish measuring stations to supply the data
necessary for the application of this Directive in accordance with thespecifications in Annex III, in particular in zones where the limit valueis exceeded or likely to be exceeded and in the zones referred to in
Article 4.
Such stations may also measure concentrations of nitric oxide.
Article 7
1. From 1 July 1987 Member States shall inform the Commission, not
later than six months after the end (31 December) of the annual
reference period, of instances in which the limit value laid down in
Annex I has been exceeded and of the concentrations recorded.
2. Member States shall also notify the Commission, not later than one
year after the end of the annual reference period, of the reasons for suchinstances and of the measures they have taken to deal with them.
3. In addition, Member States shall inform the Commission, at its
request, of:
— the concentrations they have measured,
— the limit values, deadlines and timetables they have laid down,— any appropriate measures they have taken,
concerning the zones referred to in Article 4 (1) and (2).This information must also be made available to the public.
4. The Commission shall each year communicate to the Member
States the information it has received pursuant to this Article.
Article 8
At intervals of three years Member States shall send information to the
Commission on the implementation of this Directive, in the form of asectoral report which shall also cover other pertinent CommunityDirectives. The report shall be drawn up on the basis other of aquestionnaire or outline drafted by the Commission in accordance withthe procedure laid down in Article 6 of Directive 91/692/EE(
1). The1985L0203 — EN — 01.01.1995 — 002.001 — 4
(1) OJ No L 377, 31. 12. 1991, p. 48.▼M2
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questionnaire or outline shall be sent to the Member States six months
before the start of the period covered by the report. The report shall bemade to the Commission within nine months of the end of the three-year
period covered by it.
The first report shall cover the period from 1994 to 1996 inclusive.
The Commission shall publish a Community report on the implementa-
tion of the Directive within nine months of receiving the reports fromthe Member States.
Article 9
The application of the measures taken pursuant to this Directive must
not lead to a significant deterioration in the quality of the air in zones,
outside urban areas, where the level of pollution by nitrogen dioxide at
the time of implementation of this Directive is low in relation to thelimit value laid down in Annex I.
Article 10
In applying this Directive, Member States shall use:
— either the reference method of analysis referred to in Annex IV,
— or any other method of analysis which the Commission has been
shown is equivalent to the reference method.
Article 11
1. Where a Member State intends to fix, in a region near the border
with one or more other Member States, values for concentrations ofnitrogen dioxide in the atmosphere in accordance with Article 4 (1) and(2), it shall hold prior consultations with the Member States concerned.
The Commission shall be informed and may attend such consultations.
2. Where the limit value given in Annex I or the values referred to in
Article 4 (1) and (2) — provided that the latter values have been the
subject of consultations in accordance with paragraph 1 — are or are
likely to be exceeded following significant pollution which originates ormay originate in another Member State, the Member States concernedshall hold consultations with a view to remedying the situation. TheCommission shall be informed and may attend such consultations.
Article 12
The amendments necessary to adapt the specifications in Annex IV to
technical progress shall be adopted in accordance with the proceduredescribed in Article 14. These amendments shall not be such as to alter,directly or indirectly, the limit value laid down in Annex I.
Article 13
1. For the purposes of Article 12, a Committee on the Adaptation of
this Directive to Scientific and Technical Progress, hereinafter called
‘the Committee’, shall be set up, composed of representatives of the
Member States with a Commission representative as Chairman.
2. The Committee shall adopt its own rules of procedure.
Article 14
1. Where the procedure laid down in this Article is to be followed,
matters shall be referred to the Committee by its Chairman, either on hisown initiative or at the request of the representative of a Member State.
2 The Commission representative shall submit a draft of the measures
to be taken to the Committee. The Committee shall give its opinion onthe draft within a time limit set by the Chairman having regard to theurgency of the matter. Decisions shall be taken by a majority of►
A162◄votes, the votes of the Member States being weighted as
provided in Article 148 (2) of the Treaty. The Chairman shall not vote.1985L0203 — EN — 01.01.1995 — 002.001 — 5
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3. The Commission shall adopt the proposed measures if they are
consistent with the opinion of the Committee.
Where the proposed measures are not consistent with the opinion of the
Committee, or if no opinion is delivered, the Commission shall without
delay submit to the Council a proposal on the measures to be taken. TheCouncil shall decide by a qualified majority.
If, within three months of the proposal being submitted to it, the Council
has not acted, the proposed measures shall be adopted by theCommission.
Article 15
1. Member States shall bring into force the laws, regulations and
administrative provisions necessary to comply with this Directive by 1January 1987 at the latest and shall forthwith inform the Commission
thereof.
2. Member States shall communicate to the Commission the texts of
the provisions of national law which they adopt in the field covered bythis Directive.
Article 16
This Directive is addressed to the Member States.1985L0203 — EN — 01.01.1995 — 002.001 — 6
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ANNEX I
LIMITVALUEFORNITROGENDIOXIDE
(The value limit shall be expressed in µg/m3. The volume must be standardized at
the following condition of temperature and pressure: 293º K and 101,3 kPa)
Reference period (1) Limit value for nitrogen dioxide
Year200
98th percentile calculated from the
mean values per hour or per period
of less than an hour recorded
throughout the year (2)
(1) The annual reference period begins on 1 January in any given calendar year and ends on
31 December.
(2) To ensure that the validity of the calculation of the 98th percentile is recognized, 75 % of
the possible values must be available and, as far as possible, distributed uniformly
throughout the year in question for that particular measurement site.
In cases where the values measured on certain sites are not available over a periodexceeding 10 days. (SIC! days,) the calculated percentile must mention this fact.The calculation of the 98th percentile on the basis of the values recorded throughout theyear is to be carried out as follows: the 98th percentile must be calculated from thevalues actually measured. The measured values should be rounded off to the nearest µg/
m
3. All the values are to be listed in increasing order for each site:
X1≤X2≤X3≤…≤Xk≤…≤XN−1≤XNThe 98th percentile is the value of the component of rank k where k is calculated from
the following formula:k=( q*N )
where q is equal to 0,98 for the 98th percentile and to 0,50 for the 50th percentile, N
being the number of values actually measured. The value of (q x N) should be roundedoff to the nearest whole number.Where measuring equipment does not yet allow the production of discrete values butprovides only classes of values higher than 1 µg/m
3, the Member State concerned may,
for the calculation of the percentile, use an interpolation, provided that the interpolation
formula is accepted by the Commission and that the classes of values are not higher than10µg/m
3. This temporary waiver is only valid for equipment currently installed for a
time span not exceeding the life of the equipment and in any case limited to 10 yearsfrom the application of this Directive.1985L0203 — EN — 01.01.1995 — 002.001 — 7
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ANNEX II
GUIDEVALUESFORNITROGENDIOXIDE
(The value limit shall be expressed in µg/m3. The volume must be standardized at
the following conditions of temperature and pressure: 293º K and 101,3 kPa)
Reference period Guide values for nitrogen dioxide
Year50
50th percentile calculated from the
mean values per hour or per period
of less than an hour recorded
throughout the year
135
98th percentile calculated from the
mean values per hour or per period
of less than an hour recorded
throughout the year
The formula given in footnote (2) of Annex I must be used in calculating these
percentiles, the value of q being 0,50 for the 50th percentile and 0,98 for the 98th
percentile.1985L0203 — EN — 01.01.1995 — 002.001 — 8
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ANNEX III
MONITORINGTHECONCENTRATIONOFNITROGENDIOXIDE
1. The purpose of measuring NO2concentrations in the environment is to assess
the individual risk of exposure in excess of the limit value as closely as
possible; measurement points should accordingly be chosen by the Member
States wherever possible from among sites where this risk is likely to be the
greatest.
Two separate cases need to be considered:
1.1. zones predominantly affected by pollution from motor vehicles and
therefore limited to the vicinity of roads carrying heavy traffic;
1.2. more extensive zones in which discharges from fixed sources also make a
significant contribution to pollution.
2. In the case of 1.1, the measurement points should be selected so as to:
— cover examples of the main types of zone predominantly affected by
pollution from motor vehicles, particularly ‘canyon’ streets carrying heavy
trafficand major intersec tions,
— be, as far as possible, those in which NO2concentrations, as specified in
paragraph 1, are likely to be among the highest.
3. The number of stations to be set up for the zones defined in paragraph 1.2
should reflect:
— the extent of the polluted zone,
— the uneven spatial distribution of the pollution.
The choice of sites should not exclude ‘canyon’ streets carrying heavy traffic
and major intersections as defined in paragraph 2 if there is a danger of the
limit value being exceeded owing to substantial pollution from fixed sources
of combustion.
4. The final reading of the instruments should be processed in such a way that an
hourly mean or a mean of less than an hour may be calculated in accordance
with the provisions of Annex I. In order to enable possible checks to be made,
data should be stored where:
— the limit value has not been exceeded, until the next periodic report by the
Commission is drawn up as provided for in Article 8,
— the limit value has been exceeded, until the measures called for in Article 3
have been taken.1985L0203 — EN — 01.01.1995 — 002.001 — 9
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ANNEX IV
REFERENCE METHOD OF ANALYSIS TO BE USED FOR THE
PURPOSESOFTHISDIRECTIVE
The reference method of analysis used to determine nitrogen oxides shall be the
chemiluminescence method described in ISO standard DIS 7996.
For these methods the language versions published by the ISO and any other
versions certified by the Commission as being in line with them shall be
considered authentic.
In using the measurement methods, the following points should be taken into
consideration:
1. The sampling head should be at a distance of at least 0,5 m from buildings in
order to avoid a screening effect.
2. The sampling line (pipes and connections) should be of inert materials (e.g.
glass, PTFE, stainless steel) which do not alter the NO2concentration.
3. The sampling line between the sampling head and the instrument should be
as short as possible. The time taken for gas volume samples to pass through
the sampling line should not exceed 10 seconds.
4. The sampling head entry must be protected against rain and insects. If a pre-
filter is used, it should be selected and maintained (regular cleaning) so as to
minimize its influence on the NO2concentration.
5. Condensation in the sampling line must be avoided.6. The sampling line should be cleaned regularly, taking local conditions into
account.
7. Sampling should not be influenced by gas discharges from the instrument or
discharges from the calibration system.
8. Sampling at the sampling head should not be influenced by adjoining
installations (the air-conditioning or data transmission equipment).
9. All the necessary precautions must be taken to prevent temperature variations
from producing an excessive percentage of errors of measurement.
10. The instruments should be calibrated regularly.
11. The sampling line must be air-tight and the flow-rate must be inspected
regularly.1985L0203 — EN — 01.01.1995 — 002.001 — 10