OPINION OF THE COMMISSION pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, on the European Parliament's amendments to the Council's common position regarding the proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL relating to ozone in ambient air - AMENDING THE PROPOSAL OF THE COMMISSION pursuant to Article 250 (2) of the EC Treaty

1. Introduction

Article 251, paragraph 2, letter c) of the Treaty establishing the European Community establishes that the Commission gives an opinion on the amendments proposed by the European Parliament in the second reading.

The Commission hereafter gives its opinion on the 17 amendments adopted by the European Parliament.

2. Background

- Date of transmission of the proposal to the European Parliament and Council [COM(1999)125 final 1999/0068 (COD)]:

14 July 1999

- Date on which the European Parliament gave its opinion at first reading: 15 March 2000

- Date on which the Economic and Social Committee adopted its opinion: 8 December 1999

- Date on which the Committee of the Regions adopted its opinion: 14 June 2000

- Date on which the Commission adopted its amended proposal (COM(2000)613): 2 October 2000

- Date on which the Common Position was adopted by Council: 8 March 2001

- Date on which the Common Position was received y the EP: 16 March 2001

- Date on which the Commission communicated its view on the Common Position (SEC(2001)384): 9 March 2001

- On 13 June 2001 the European Parliament at its Second Reading adopted 17 amendments. Parliament mainly aims to make the target values and long term objectives on ozone more binding and to introduce a fixed target year by which the long term objectives must be met.

3. Objective of the Commission Proposal

The Commission's proposal for a directive relating to ozone in ambient air has been developed under the framework directive 96/62/EC (OJ L 296, 21.11.1996, p. 55). The first daughter directive 1999/30/EC on limit values for sulphur dioxide, oxides of nitrogen and nitrogen dioxide, particulate matter and lead in ambient air was adopted in June 1999 (OJ L 163, 29.6.1999, p. 41). A second daughter directive 2000/69/EC on limit values for benzene and carbon monoxide in ambient air was adopted in December 2000 (OJ L 313, 13.12.2000, p.12).

The proposal would set target values for ozone concentrations in ambient air to protect human health and vegetation. The target values to be attained as far as possible by 2010 were based on emission ceilings proposed by the Commission designed in the lowest cost way for the Community as a whole (COM(1999)125-1 1999/0068(COD)). Long-term objectives are proposed. Member States will be required to monitor and report ozone concentrations. They will have to inform the public if information and alert thresholds are exceeded. In the latter case short-term measures have to be planned.

4. Commission opinion on the amendments adopted by the Parliament

On 13 June 2001 the European Parliament adopted 17 amendments. 3 amendments have been accepted by the Commission in full (Amendment 7, 13, 22), 10 have been accepted in part or in principle (Amendments 4, 14 and 26 to 33). The remaining 4 amendments (Amendment 1, first part of Amendment 10, first part of Amendment 12 and Amendment 25) cannot be accepted.

4.1 Amendments accepted by the Commission

The Commission agrees on the requirement set out by Amendment 7 to maintain air quality where it is good save when this is not possible due to transboundary pollution or meteorological conditions.

Amendment 13 is acceptable in making it binding for Member States to consider examples of measures given in a guidance report to be adopted by a Committee.

Amendment 22 requires Member States to pay special attention to the effects of ozone on the environment and on human health. The Commission considers this as a useful supplement.

4.2 Amendments accepted in principle by the Commission

Following Amendment 14 Member States have to report on short-term action plans. As reporting to the Commission is already covered by Article 10 (2) (iii) (c) the amendment should only mention reporting to the public etc. and could only be accepted in principle in its current wording.

The Commission agrees on Amendment 4 insofar as it requires to ensure consistency with the Directive on National Emission Ceilings. The second part of that amendment turns the target values for ozone in binding limit values by deleting the words "as far as possible". This is not acceptable and should be brought in line with the compromise to be found on Amendments 26 to 33.

Amendments 26 to 33 all address the attainment of the target values and the long-term objectives. They propose to replace the term "as far as possible" by "save where physically impossible" thereby making the requirement for attainment more binding. The Commission could agree on this, however feels it necessary to complement this wording by "or not cost effective".

4.3 Amendments not accepted by the Commission

Amendment 1 addresses accession candidate countries, which is not appropriate for an EU Directive. Instead of extending Recital 3 early involvement of accession candidate countries could be required in Recital 11.

Amendment 10 requires Member States to report also on target values. However, this is already covered, as the numeric value of the target value is identical to the long-term objective. With regard to the nature of the long-term objective the proposed reference to the protection of vegetation could not imply reporting to single exceedences but on an annually integrated value. Though this could be agreed in general the amendment would need a substantial rewording.

Following Amendment 25 Member States have to report information on effects on materials. However the relevant level proposed is a broad generalisation and does not allow conclusions on economic costs. In general effects on materials are considered less important compared to human health or vegetation. Corresponding data should not increase the extend of the information to be reported.

The first part of Amendment 12 requires short-term actions to the local level. With regard to the transboundary nature of ozone the Commission considers this as inappropriate.

4.4 Re-examined proposal

Having regard to Article 250, paragraph 2 of the EC Treaty, the Commission modifies its proposal as indicated above.