Amended proposal for a Council Directive relating to limit values for sulphur dioxide, oxides of
nitrogen, particulate matter and leadØ (˛)
(98/C 259/04)
(Text with EEA relevance)
COM(1998) 386 final - 97/0266(SYN)
(Submitted by the Commission pursuant to Article 189a(2) of the EC Treaty on 8 July 1998)
(˛)ÙOJ C 9, 14.1.1998, p. 6.
ORIGINAL PROPOSAL AMENDED PROPOSAL
Recital 8a
Whereas account should be taken of the need to assess
air quality in tourist areas during the peak season;
Recital 6a
Whereas in order to facilitate the review stage of the
Directive in 2003, the Commission and Member States
should consider encouraging research into the effects ofthe pollutants referred to herein, namely sulphur dioxide,oxides of nitrogen, particulate matter and lead under the
remit of the fifth framework research programme and
other research programmes;
Article 3(1)
Member States shall take the necessary measures to
ensure that concentrations of sulphur dioxide in ambientair, as assessed in accordance with Article 7, do not
exceed the limit values set out in Section I of Annex I as
from the dates specified therein.Member States shall take the necessary measures to
ensure that concentrations of sulphur dioxide in ambientair, as assessed in accordance with Article 7, do not
exceed the limit values set out in Section I of Annex I, as
soon as possible and in any event no later than the datesspecified therein.
The margins of tolerance set out in Section I of Annex I
shall apply in accordance with Article 8 of Directive96/62/EC.
Article 3(3)
Member States shall record data on concentrations of
sulphur dioxide averaged over 10 minutes from
measuring stations at which hourly concentrations aremeasured. Member States shall report to the Commissionthe 98th and 99th percentile of 10Üminute concentrations
measured within the calendar year at the same time as
data are supplied on hourly concentrations.Member States shall, until 31 December 2003, record
data on concentrations of sulphur dioxide averaged over
10 minutes from measuring stations selected by MemberStates to be representative of air quality within inhabitedareas close to sources. Member States shall report to the
Commission the number of 10Üminute concentrations
which exceed 500Ø
mg/m— within the calendar year, the
number of days within the calendar year on which thisoccurred and the maximum concentration recorded atthe same time as data are supplied on hourly concenÜ
trations.C 259/10 18.8.98 Official Journal of the European Communities
EN
ORIGINAL PROPOSAL AMENDED PROPOSAL
Article 4
Member States shall take the necessary measures to
ensure that concentrations of nitrogen dioxide, andwhere applicable of nitrogen dioxide plus nitric oxide, in
ambient air, as assessed in accordance with Article 7, do
not exceed the limit values set out in Section I of AnnexII as from the dates specified therein.1.ÚÙMember States shall take the necessary measures to
ensure that concentrations of nitrogen dioxide, andwhere applicable of nitrogen dioxide plus nitric oxide, in
ambient air, as assessed in accordance with Article 7, do
not exceed the limit values set out in Section I of AnnexII as soon as possible and in any event no later than thedates specified therein.
The margins of tolerance set out in Section I of Annex II
shall apply in accordance with Article 8 of Directive96/62/EC.The margins of tolerance set out in Section I of Annex II
shall apply in accordance with Article 8 of Directive96/62/EC.
2.ÚÙThe alert threshold for concentrations of nitrogen
dioxide in ambient air is set out in Section II of AnnexII. Details to be supplied to the public in accordancewith Article 10 of Directive 96/62/EC shall include as a
minimum the items listed in Section III of Annex I.
Article 5(1)
Member States shall take the necessary measures to
ensure that concentrations of PM
10 in ambient air, as
assessed in accordance with Article 7, do not exceed the
limit values set out in Section I of Annex III as from thedates specified therein.Member States shall take the necessary measures to
ensure that concentrations of PM
10 in ambient air, as
assessed in accordance with Article 7, do not exceed the
limit values set out in Section I of Annex III as soon aspossible and in any event no later than the datesspecified therein.
Article 8(1)
Member States shall take appropriate steps to
disseminate upÜtoÜdate information on ambient concenÜtrations of sulphur dioxide, oxides of nitrogen,
particulate matter and lead to the public by means, for
example, of broadcast media, press, information screensor computer network services and by notification ofappropriate organisations such as environmental organiÜ
sations, consumer organisations, organisations repreÜ
senting the interests of sensitive populations and otherpertinent healthcare bodies. A list of the organisationsnotified shall be sent to the Commission at the same time
as information transmitted under Article 11 of Directive
96/62/EC.Member States shall take appropriate steps to
disseminate upÜtoÜdate information on ambient concenÜtrations of sulphur dioxide, oxides of nitrogen,
particulate matter and lead to the public by means, for
example, of broadcast media, press, information screensor computer network services and by notification ofappropriate organisations such as environmental organiÜ
sations, consumer organisations, organisations repreÜ
senting the interests of sensitive populations and otherpertinent healthcare bodies. Information on ambientconcentrations of sulphur dioxide, oxides of nitrogen
and particulate matter shall be updated on an hourly
basis. Information on ambient concentrations of leadshall be updated on a threeÜmonthly basis. A list of theorganisations notified shall be sent to the Commissionat the same time as information transmitted under
Article 11 of Directive 96/62/EC.18.8.98 C 259/11 Official Journal of the European Communities
EN
ORIGINAL PROPOSAL AMENDED PROPOSAL
Article 8(3a) (new)
All information supplied to the public and all organiÜ
sations listed in Article 8(1) and (3) pursuant to Article 8of this Directive and information supplied to the public
pursuant to Article 10 of Directive 96/62/EC shall be
clear, comprehensible and accessible for their statedpurpose.
Article 10
The Commission shall submit to the European
Parliament and the Council not later than 31 December2003 a report based on experience of the application ofthis Directive, and in particular, on the results of the
most recent scientific research concerning the effects on
human health of exposure to sulphur dioxide, todifferent fractions of particulate matter and to lead, andon progress achieved in methods of measuring and
otherwise assessing concentrations of particulate matter
in ambient air and the deposition of lead on surfaces.The Commission shall submit to the European
Parliament and the Council not later than 31 December2003 a report based on experience of the application ofthis Directive. This report will include a review of the
provisions of this Directive in the light of the results of
the most recent scientific research concerning inparticular, the effects on human health of exposure tosulphur dioxide, to different fractions of particulate
matter and to lead, and of technological developments
including progress achieved in measuring and otherwiseassessing concentrations of particulate matter in ambientair and the deposition of lead on surfaces. The report
will, if appropriate, be accompanied by proposals
amending the provisions of this Directive.
Annex I, Section I, point 3
3.ÙLimit value for the protection of ecosystems, to apply
away from the immediate vicinity of sources.3.ÙLimit value for the protection of ecosystems.
Annex II, Section I, point 3
3.ÙAnnual limit value for the protection of vegetation to
apply away from the immediate vicinity of sources.3.ÙAnnual limit value for the protection of vegetation.
Annex II, Section Ia (new)
Alert threshold for nitrogen dioxide
400Ø
mg/m— measured over three successive hours at
locations representative of air quality across an entire
zone or agglomeration.C 259/12 18.8.98 Official Journal of the European Communities EN
ORIGINAL PROPOSAL AMENDED PROPOSAL
Annex II, Section Ib (new)
Minimum details to be supplied to the public when the
alert threshold for nitrogen dioxide is exceeded
Details to be supplied to the public should include as a
minimum:
-Ùdate, hour and place of occurrence
-Ùforecasts:
-Ùchange in concentrations (improvement, stabiliÜ
sation or deterioration)
-Ùgeographical area concerned-Ùduration
-Ùtype of population potentially sensitive to the
occurrence
-Ùprecautions to be taken by the sensitive population
concerned.
Annex VI, Section Ia paragraph 3
Sampling points may be representative of similar
locations not in their immediate vicinity.Sampling points should, where possible, also be represenÜ
tative of similar locations not in their immediate vicinity
Annex VI, Section Ia paragraph 4 (new)
Sampling points should also be located on smaller islands
or islands forming part of an archipelago.
Annex VI, Section Ib paragraph 1 and 2 (new)
Sampling points targeted at the protection of ecosystems
or other vegetation should be sited to be representativeof air quality away from the immediate vicinity ofsources such as agglomerations and other builtÜup areas,
industrial installations and roads. As a guideline a
sampling point should be sited to be representative of airquality in a surrounding area of at least 1Ø000Økmˇ.Sampling points directed at the protection of ecosystems
and other vegetation should be sited beyond 20Økm fromagglomerations or 5Økm from another builtÜup area orindustrial installation or major road.
In zones on its territory which the Member State
concerned considers should be afforded specialprotection, sampling points should be sited with the aim
of achieving this special protection.18.8.98 C 259/13 Official Journal of the European Communities
EN
ORIGINAL PROPOSAL AMENDED PROPOSAL
Annex VI, Section Ib paragraph 3 (new)
Sampling points should also be located on smaller islands
or islands forming part of an archipelago.
Annex VI, Section II, paragraph 1, indents 5 to 7
-ÙtrafficÜoriented samplers should be at least 25Øm from
major junctions and should be no less than 4Øm fromthe centre of the nearest traffic lane,
-ÙtrafficÜoriented samplers for the measurement of
NO
2 Øshould be sited less than 5Øm from the kerb side,
-Ùin builtÜup areas, trafficÜoriented samplers for the
measurement of particulate matter or lead should besited to be representative of air quality close to the
building line.-ÙtrafficÜoriented samplers should be at least 25Øm from
major junctions and between 2 and 5Øm from thenearest part of the vehicular carriageway, or at thebuilding line if closer, unless there is a point at which
the population may be directly or indirectly exposed
to a higher concentration for a period which issignificant in relation to the averaging period of thelimit values.
Annex VII, Section Ia., before the first line, new line
I.ÙMinimum number of sampling points for continuous measurement to assess compliance with
limit values for the protection of human health and alert thresholds in zones and agglomÜerations where continuous measurement is the sole source of information
Population of agglomeration
or zoneIf concentrations exceed the
upper assessment thresholdIf maximum concentrations
are between the upper and
lower assessment thresholdsFor SO 2, in agglomerations
where maximum
concentrations are below the
lower assessment threshold
Z250Ø000 2 1 Not applicable
Annex IX, Section III
III.Ù Sampling method and reference method of analysing
the concentration of lead in air.
(Annex to Council Directive 82/884/EEC of
3 December 1982 on lead in ambient air)III. Sampling method and reference method of analysing
the concentration of lead in air.
The reference method for sampling shall be the method
for PM 10 described in draft European standard prEN
12341. The reference method of analysing the concenÜtration of lead in air is described in the Annex to CouncilDirective 82/884/EEC of 3 December 1982 on lead in
ambient air.C 259/14 18.8.98 Official Journal of the European Communities EN