82/884/EEC - - - I
This document is meant purely as a documentation tool and the institutions do not assume any liability for its con-
tents
COUNCIL DIRECTIVE
of 3 December 1982
on a limit value for lead in the air
(82/884/EEC)
(OJ No L 378, 31. 12. 1982, p. 15.)
Amended by:
Official Journal
No page date
Council Directive of 23 December 1991 (91/692/EEC) L 377 48 31. 12. 1991
Amended by:
Act concerning the Conditions of Accession and Adjustments to the
T reaties - - - Accession to the European Communities of the Kingdom of
Spain and the Portuguese Republic (185I)L 302 219 15. 11. 1985
82/884/EEC - - - I
ICOUNCIL DIRECTIVE
of 3 December 1982
on a limit value for lead in the air
(82/884/EEC)
THE COUNCIL OF THE EUROPEAN COMMU-
NITIES,
Having regard to the T reaty establishing the European
Economic Community, and in particular Article 235 there-
of,
Having regard to the proposal from the Commission(1),
Having regard to the opinion of the European Parlia-
ment(2),
Having regard to the opinion of the Economic and Social
Committee(3),
Whereas one of the essential tasks of the European Econ-
omic Community is to promote throughout the Community
a harmonious development of economic activities and a
continuous and balanced expansion, which cannot be imag-
ined in the absence of a campaign to combat pollution and
nuisances or of an improvement in the quality of life and
the protection of the environment;
Whereas the use of lead is currently causing lead conta-
mination of many areas of the environment;
Whereas inhaled lead contributes significantly to the total
body burden of lead;
Whereas the protection of human health against the haz-
ards of lead requires that the individual’s exposure to lead
in the air be monitored;
Whereas the first(4)and second(5)programme of action of
the European Communities on the environment state that
this pollutant should receive priority consideration; where-
as the said programmes provide for the coordination of
national programmes in this field and for the harmoniz-
ation of national policies within the Community on the
basis of a common long-term plan aiming at improving thequality of life; whereas since the specific powers of action
required to this end have not been provided for in the
T reaty, it is necessary to invoke Article 235 thereof;
Whereas insufficient technical and scientific information is
available to enable the Council to lay down specific stan-
dards for the environment generally; whereas the adoption
of limit values for the protection of human health will con-
tribute to the protection of the environment as well;
Whereas it is desirable to fix a limit value for lead in the
air;
Whereas the measures taken pursuant to this Directive
must be economically feasible and compatible with bal-
anced development; whereas in consequence a sufficient
time limit should be laid down for its implementation;
whereas account should also be taken of the provisions of
Council Directive 78/611/EEC of 29 June 1978 on the ap-
(1)OJ No C 154, 7. 7. 1975, p. 29.
(2)OJ No C 28, 9. 2. 1976, p. 31.
(3)OJ No C 50, 4. 3. 1976, p. 9.
(4)OJ No C 112, 20. 12. 1973, p. 1.
(5)OJ No C 139, 13. 6. 1977, p. 1.
82/884/EEC - - - I
IIproximation of the laws of the Member States concerning
the lead content of petrol(6);
Whereas it is desirable to monitor the quality of t_he air
in places where people may be exposed continuously and
for a long period and where there is a risk that the limit
v a l u em a yn o tb eo b s e r v e d ;
Whereas it is important that the Commission should obtain
information concerning the sites used for sampling, the
sampling and analysis procedures used to determine the
concentration of lead in the air, the places where the limit
value laid down in the Directive has been exceeded and
the concentrations measured in these places as well as the
measures taken to avoid a repetition of the occurrence;
Whereas each year as from the second year after the im-
plementation of this Directive the Commission should pub-
lish a summary report on the implementation of national
provisions adopted pursuant to the Directive;
Whereas the application of the measures taken pursuant to
this Directive should not lead to a noticeable deterioration
of the quality of the air where the level of lead pollution
observed when the Directive is implemented is lower than
the limit value fixed;
Whereas, to implement the Directive, it is desirable to
comply with the characteristics adopted in the Annex for
choosing the sampling method; whereas, to analyze the
samples taken, it is desirable to use the reference method
adopted in the Annex or any other method for which the
Commission has previously had proof that it provides
equivalent results;
Whereas further development of the characteristics to be
complied with for choosing a sampling method and the ref-
erence method of analysis, set out in the Annex to this
Directive, may be desirable in the light of technical and
scientific progress achieved in this field; whereas, to facili-
tate the implementation of the necessary work, it is desir-
able to provide for a procedure introducing close cooper-
ation between the Member States and the Commission
within a committee responsible for adapting the Directive
to scientific and technical progress,
HAS ADOPTED THIS DIRECTIVE:
(6)OJ No L 197, 22. 7. 1978, p. 19.
82/884/EEC - - - I
1Article 1
1. This Directive shall fix a limit value for lead in the air
specifically in order to help protect human beings against
the effects of lead in the environment.
2. This Directive shall not apply to occupational expo-
sure.
Article 2
1. For the purpose of this Directive, ‘limit value’ means
the concentration of lead in the air which, subject to the
conditions laid down hereinafter, must not be exceeded.
2. The limit value shall be 2 micrograms Pb/m3ex-
pressed as an annual mean concentration.
3. Member States may, at any time, fix a value more
stringent than that laid down in this Directive.
Article 3
1. Member States shall take the necessary measures to
ensure that five years after notification of this Directive,
the concentration of lead in the air, measured in accord-
ance with Article 4, is not greater than the limit value
g i v e ni nA r t i c l e2 .
2 . W h e r eaM e m b e rS t a t ec o n s i d e r st h a tt h el i m i tv a l u e
fixed in Article 2 (2) may be exceeded in certain places
four years after notification of this Directive, it shall in-
form the Commission thereof.
3. The Member States concerned shall, within two years
of the implementation of this Directive, forward to the
Commission plans for the progressive improvement of the
quality of the air in such places. These plans, drawn up on
the basis of relevant information as to the nature, origin
and development of the pollution, shall in particular de-
scribe the measures already taken or envisaged and the
procedures implemented or planned by the Member States
concerned. The objective of these measures and pro-
cedures must be to bring the concentration of lead in the
air in those places below the level of the limit value fixed
in Article 2 (2) or down to that level, as soon as possible
and at the latest seven years after notification of this Di-
rective. These measures and procedures must take into ac-
count the provisions of Directive 78/611/EEC and the re-
sults of its application.
Article 4
Member States shall ensure that sampling stations are in-
stalled and operated at places where individuals may be
exposed continually for a long period and where they con-
sider that Articles 1 and 2 are likely not to be observed.82/884/EEC
82/884/EEC - - - I
2Article 5
1. For the purposes of applying this Directive, the
Member States shall provide the Commission at its request
with information on:
— the sites used for sampling,
— the sampling and analysis procedures used to deter-
mine the concentration of lead in the air.
2. Member States shall inform the Commission not later
than 1 July of each year, beginning in the calendar year
following the implementation of this Directive, of the
places in which the limit value fixed in Article 2 (2) has
been exceeded in the previous calendar year and of the
concentrations recorded.
3. They shall also notify the Commission, not later than
during the calendar year following that in which the limit
values were exceeded, of the measures they have taken to
avoid recurrence.
4. The Commission shall each year communicate to the
Member States the information it has received pursuant to
this Article.
Article 6
At intervals of three years the Member States shall sendinformation to the Commission on the implementation of
this Directive, in the form of a sectoral report which shall
also cover other pertinent Community Directives. This re-
port shall be drawn up on the basis of a questionnaire or
outline drafted by the Commission in accordance with the
procedure laid down in Article 6 of Directive
91/692/EEC
(7). The 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 be sent 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 1995 to 1997
inclusive.
The Commission shall publish a Community report on the
implementation of the Directive within nine months of re-
ceiving the reports from the Member States.
Article 7
Application of the measures taken pursuant to this Direc-
tive must not bring about a significant deterioration in the
quality of the air where the level of pollution by lead, at
the time of implementation of this Directive, is low in rela-
tion to the limit value fixed in Article 2 (2).
(7)OJ No L 377, 31. 12. 1991, p. 48.82/884/EEC
91/692/EEC
82/884/EEC
91/692/EEC
82/884/EEC
82/884/EEC - - - I
3Article 8
For the purposes of applying this Directive, Member States
shall comply with the characteristics laid down in the
Annex for choosing the sampling method; for analyzing the
samples taken, Member States shall use the reference
method mentioned in the Annex or any other method
which they prove to the Commission beforehand produces
equivalent results.
Article 9
The procedure in Articles 10 and 11 for the adaptation of
this Directive to scientific and technical progress shall re-
late to the characteristics to be complied with for choosing
a sampling method and the reference method referred to
in the Annex.
This adaptation must not have the effect of directly or in-
directly modifying the application of the actual concentra-
tion value fixed in Article 2 (2).
Article 10
1. A committee on the adaptation of this Directive to
scientific and technical progress hereinafter called ‘the
committee’, is hereby set up; it shall consist of representa-
tives of the Member States with a Commission representa-
tive as chairman.
2. The committee shall adopt its own rules of procedure.
Article 11
1. Where the procedure laid down in this Article is to
be followed, the matter shall be referred to the committee
by its chairman, either on his own initiative or at the re-
quest of a representative of a Member State.
2. The Commission representative shall submit to the
committee a draft of the measures to be taken. The com-
mittee shall give its opinion on that draft within a time
limit set by the chairman having regard to the urgency of
the matter. Opinions shall be delivered by a majority of 54
votes, the votes of the Member States being weighted as
provided in Article 148 (2) of the T reaty. The chairman
shall not vote.
3. Where the measures envisaged are in accordance with
the opinion of the committee, the Commission shall adopt
them.
Where the measures envisaged are not in accordance 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. The Council shall
act 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 the Commission.82/884/EEC
185I
82/884/EEC - - - I
4Article 12
1. Member States shall bring into force the laws, regula-
tions and administrative provisions necessary to comply
with this Directive within 24 months of its notification and
shall forthwith inform the Commission thereof.
2. Member States shall forward to the Commission the
texts of the provisions of national law which they adopt in
the field governed by this Directive.
Article 13
This Directive is addressed to the Member States.82/884/EEC
82/884/EEC - - - I
5ANNEX
CHARACTERISTICS TO BE COMPLIED WITH FOR
CHOOSING A SAMPLING METHOD AND A REFER-
ENCE METHOD FOR ANALYZING THE CONCENTRA-
TION OF LEAD IN THE AIR
The atmospheric particles shall be collected on the filter of
a sample for subsequent determination of lead content.
A. Characteristics to be complied with for choosing the
sampling method
1. Filter
The filter shall have a collection efficiency at the
face velocity used in the sampling of not less
than 99% for all particles of a mean aerodynam-
ic diameter of 0.3 μm.
2. Sampler efficiency
The sampler efficiency is defined as the ratio of
the mass concentration of the particles in the air,as collected on the filter, to the concentration in
the atmosphere. The efficiency of a sampler may
not be less than the values given in the following
table and must be independent of wind direction.
Minimum acceptable efficiencies (%) for a sam-
pler
Wind speed Particle size
(aerodynamic diameter)
5μm1 0 μm
2m s
--- 195 65
4m s--- 195 60
6m s--- 185 40
3. Aspiration flow rate of sampling
The aspiration flow rate of sampling must remain
constant to within ± 5 % of the nominal value
throughout a sampling period.
4. Location
As far as possible the sampling stations (or sam-
plers) must be located in such a way as to be
representative of the zones in which measure-
ments must be made.82/884/EEC
82/884/EEC - - - I
65. Operation
Sampling must be continuous although breaks of
a few minutes each day or week are permissible
to enable filters to be changed. An annual mean
value will not be considered valid unless sam-
pling has occurred on a minimum of 10 working
days per month, during the first five years after
the notification of the Directive and on a mini-
mum of 15 working days per month thereafter,
as far as possible, evenly spread over the period
under consideration. The mean annual value is
calculated by dividing the sum of the valid daily
values by the number of days on which valid val-
ues have been obtained.
B. Reference method of analysis
The reference method of analysis shall be atomic ab-
sorption spectrometry in which the analytical error,for the determination of lead in the collected particles
is less than a value corresponding to an atmospheric
concentration of 0.1 μgm
--- 3of lead (5 % of the
2μgm--- 3limit value). This analytical error should be
maintained within the specified range by an appropri-
ate calibration frequency.82/884/EEC