COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 24.06.1996 
COM(96)311 final 
94/0106 (SYN) 
Re-examined proposal for a 
COUNCIL DIRECTIVE 
on 
AMBIENT AIR QUALITY 
ASSESSMENT AND MANAGEMENT 
(presented by the Commission pursuant to Article 189 c (d) 
of the EC Treaty) 

EXPLANATORY MEMORANDUM 
On 4 July 1994, the Commission adopted a "Proposal for a Council Directive on ambient 
air quality assessment aad management". 
The Economic and Social Committee delivered its opinion on 23 February 1995.2 
Parliament gave its opinion on the first reading on 16 June 1995.3 
On 6 July 1995, the Commission adopted an amended proposal, in accordance with 
Article 189a, paragraph 2, of the EC Treaty. This amended proposal included, in whole, 
in part or in principle, 24 of the 37 proposed amendments. 
On 30 November 1995, the Council adopted a common position on the Commission's 
amended proposal. 
Par'lament discussed the Council's common position at a second reading on 22 May 1996 
and approved it, subject to 23 proposed amendments. 
The Commission has examined the amendments proposed by Parliament at its second 
reading and has included a number of them in this reexamined proposal. 
The Commission's position on each of the amendments approved by Parliament at its 
second reading is as follows: 
Amendments 1, 2 and 3 
These amendments require the introduction of the "critical load concept" which was 
developed in the context of United Nations protocols on trans-boundary pollution. This 
concept is applicable only to a very limited number of substances (having an acidifying 
effect); it is not appropriate for most of the substances covered by the Directive. 
Furthermore, the impact of acid depositions largely depends on the types of soil on which 
they occur and it varies greatly from one European region to another. Accordingly, this 
concept appears to fall outside the scope of the Directive, which deals with concentrations 
of pollutants in the ambient air and not with the problem of depositions. Moreover, the 
geographical variability of critical loads will make it impossible to set harmonized limit 
values throughout the European Union. Consequently, these amendments are not 
accepted. 
OJC216, 16.8.1994. 
OJC 110, 2.5.1995, p. 5. 
OJC 116, 3.7.1995, p. 173. 
OJC 28, 13.9.1995, p. 10. 
OJC 59, 28.2.1996, p. 24. 
Amendments 4. 7 (target values). 8 (part 2) and 9 
These amendments seek to generalize the concept of "target values". This concept, which 
did not appear in the Commission's original proposal, was introduced during discussions 
at the Council to enable the problem of air pollution b} ozone to be tackled in the most 
appropriate way. In general, the Directive provides for two types of value: 
the limit value, which is legally binding and which must not be exceeded in any 
of the Member States after a certain date. If this value is exceeded, steps must 
be taken to ensure that it is complied with in the future; 
the alert threshold: if this figure is exceeded, the general public must be informed. 
Target values constitute long term objectives, and there are no precise and binding 
requirements that they should be met. Experience has shown that they were not 
operative. Moreover, as in the case of limit values based on objective criteria for health 
and environmental protection, it is difficult to understand on what basis such target values 
would be set. Finally, the introduction of yet more values and value types does not make 
it any easier to inform the general public simply and comprehensibly. 
The "target value" concept is acceptable only in the case of ozone in view of the 
particular nature of the problem: ozone, being a secondary pollutant, requires special 
measures and it is uncertain whether, on the basis of present knowledge, it is possible to 
lay down a limit value which can be met in the near future. 
Accordingly, these amendments are not accepted. 
Amendments 5 and 12 
On the basis of these amendments, it is proposed to reduce from 250 000 to 100 000 the 
population concentration in excess of which a measurement network must be established, 
and to add a third category of zones. 
The Directive already lays down that ambient air quality must be assessed - using a 
whole range of methods - throughout the territory of the Member States and that 
measurement networks must be established in all zones where concentrations exceed or 
may exceed the limit values. In addition, there must be a measurement network in all 
areas having a population of more than 250 000, whatever the levels of pollution. This 
system ensures that concentrations in the ambient air will be assessed everywhere and, 
in all cases, measured in areas which have a high population density or a high pollution 
level, without obliging small towns which have no pollution problems to introduce and 
pay for an unnecessary measurement network. 
Industrial areas need not be included since, in most cases, they will be zones within 
which levels exceed the limit values. 
Accordingly, these two amendments have not been included. 
Amendment 6 
This amendment, under which the information collected pursuant to the Directive is to 
be made available to the public, is in line with Community policy and is consequently 
accepted. 
Amendment 10 
This amendment seeks to set a time limit of five years for the margin of tolerance for 
limit values. The purpose of this margin of tolerance is to allow a period of time within 
which measures to reduce concentrations and to comply with limit values can be 
implemented. This period may well be different for each substance, given the levels 
concerned and the more or less complex nature of the measures to be adopted. Moreover, 
if too short a period is laid down, the limit values may be less rigorously complied with. 
This amendment is not accepted. 
Amendments 8 (part 1). 11 and 14 
These amendments bring useful additions to the text of the Directive and will enable it 
to be implemented more swiftly and effectively. They are therefore accepted. 
Amendments 7 (timetable), 16, 17. 18, 19, 20, 21 and 22 
These various amendments are aimed at speeding up the timetable for future directives 
on benzene and carbon monoxide and at introducing a third list of substances to be 
considered in future. 
The principle of these amendments is acceptable, subject to the following reservations: 
the proposed deadline cannot be met in practice: December 1997 is the most 
realistic date for the Commission; 
although it is feasible to consider the possibility of setting quality objectives for 
new substances, it is premature to draw a list of such substances at present. 
Amendments 13. 15 and 23 
These amendments are not acceptable as they are incompatible with the other provisions 
of the Directive. 
Reexamined proposal for a 
COUNCIL DIRECTIVE 
on 
AMBIENT AIR QUALITY 
ASSESSMENT AND MANAGEMENT 
Text of the common position 
Article 3, second paragraph (new) 
Article 4 (1) 
1. For those pollutants listed in 
Annex I, the Commission shall submit to 
the Council proposals for the setting of 
limit values and, as appropriate, alert 
thresholds according to the following 
timetable: 
- no later than 31 December 1996 for 
pollutants 1 to 5 
- in accordance with Article 8 of 
Directive 92/72/EEC for ozone; 
- as soon as possible, and no later than 
31 December 1999, for pollutants 7 to. 
13. Reexamined proposal 
Article 3, second paragraph (new) 
At the same time that thev supply it to 
the Commission, the Member States 
shall make the above information 
available to the public bv every 
appropriate means. 
Article 4 (1) 
1. For those pollutants listed in 
Annex I, the Commission shall submit to 
the Council proposals for the setting of 
limit values and, as appropriate, alert 
thresholds according to the following 
timetable: 
- no later than 31 December 1996 for 
pollutants 1 to 5 
- in accordance with Article 8 of 
Directive 92/72/EEC for ozone; 
- no later than 31 December 1997 for 
pollutants 7 and 8; 
- as soon as possible, and no later than 
31 December 1999, for pollutants 9 to 
13. 
Article 4 (2) 
2. The Commission shall be 
responsible, taking account of the most 
recent scientific-research data in the 
epidemiological fields concerned and of 
the most recent advances in metrology, 
for re-examining the elements on which 
the limit values and alert thresholds 
referred to in paragraph 1 are based. Article 4 (2) 
2. The Commission shall be 
responsible, taking account of the most 
recent scientific-research data in the 
epidemiological and environmental fields 
concerned and of the most recent 
advances in metrology, for re-examining 
the elements on which the limit values 
and alert thresholds referred to in 
paragraph 1 are based. 
Article 4 (7) Article 4 (7) 
7. When a Member State intends to 
set limit values or alert thresholds for 
pollutants not referred to in Annex I and 
not covered by Community provisions 
concerning ambient air quality in the 
Community, it shall inform the 
Commission thereof in sufficient time to 
allow examination of the need to act at 
Community level following the criteria 
laid down in Annex III. 7. When a Member State intends to set 
limit values or alert thresholds for 
pollutants not referred to in Annex I and 
not covered by Community provisions 
concerning ambient air quality in the 
Community, it shall inform the 
Commission thereof in sufficient time. 
The Commission shall be required to 
supply, in sufficient time, an answer to 
the question of the need to act at 
Community level following the criteria 
laid down in Annex III. 
Article 11 (1) (a) (iii) 
Send to the Commission the plans or 
programmes referred to in Article 8 (3) 
no later than two years after the end of 
the year during which the levels were 
observed; 
Annex I 
I. Pollutants governed by existing 
ambient air quality directives Article 11 (1) (a) (iii) 
Send to the Commission the plans or 
programmes referred to in Article 8 (3) 
no later than one year after the end of 
the year during which the levels were 
observed; 
Annex I 
I. Pollutants to be studied at an initial 
stage, including pollutants governed by 
existing ambient air quality directives 
II. Other air pollutants 
7. Benzene 
8. Polycyclic aromatic hydrocarbons 
9. Carbon monoxide 
10. Cadmium 
11. Arsenic 
12. Nickel 
13. Mercury 7. Benzene 
8. Carbon monoxide 
9. Polycyclic aromatic hydrocarbons 
10. Cadmium 
11. Arsenic 
12. Ni compounds classified as 
carcinogens under Directive 
67/548/EEC 
13. Mercury 
Ï 

ISSN 0254-1475 
COM(96) 311 final 
DOCUMENTS 
EN 14 
Catalogue number : CB-CO-96-319-EN-C 
ISBN 92-78-05886-6 
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