6. 8. 84 Official Journal of the European Communities No C 206/1 
II 
(Preparatory Acts) 
ECONOMIC AND SOCIAL COMMITTEE 
Opinion on the proposal for a Council Directive on air quality standards for nitrogen 
dioxide 
(84/C 206/01) 
The text referred to the Committee has been published in Official Journal of European 
Communities No C 258 of 27 September 1983, page 3. 
A. LEGAL BASIS FOR THE OPINION 
On 26 September 1983 the Council decided to consult the Economic and Social Com­
mittee under Articles 100 and 235 of the Treaty establishing the European Economic 
Community on the abovementioned matter. 
Procedure: 
The Section for Protection of the Environment, Public Health and Consumer Affairs, 
which was responsible for preparing the Committee's work on the subject, adopted its 
opinion on 26 and 27 April 1984 in the light of the report by Mr de Normann. 
B. OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE 
At its 217th plenary session, meeting of 23 May 1984, the Economic and Social Com­
mittee unanimously adopted the following opinion: 
1. Preliminary remarks 
1.1. The Committee endorses the proposal by the 
Commission for a Council Directive on air quality 
standards for nitrogen dioxide and considers it par­
ticularly important for the protection of human 
health and of the environment. 
1.2. The Committee considers that the situation 
should be tackled quickly while it is still control­
lable and before it becomes critical. 
1.3. The Committee recommends the Council to 
approve this proposed Directive subject to com­
ments made in the body of this text and to ensure 
prompt action by the Commission for the following 
reasons: 1.3.1. Above certain dosages nitrogen dioxide is 
known to have adverse effects on human health, the 
health of animals, on vegetation and on materials. 
1.3.2. Environmental levels of nitrogen dioxide 
have been increasing in recent years. 
1.3.3. There has been a continual increase in the 
acidity and nitrate content of rainfall. 
1.3.4. Photochemical pollution (smog), a complex 
phenomenon in which oxides of nitrogen are 
involved, is now known to be a widespread occurr­
ence and not confined to conditions of high sun­
light and stable air systems. 
1.4. This proposal springs from three Council 
instruments (1973, 1977, 1983) concerned with the 
No C 206/2 Official Journal of the European Communities 6. 8. 84 
Programme of Action for the Protection of the Envi­
ronment together with an international convention 
on long-range transboundary air pollution (1981). 
All these are concerned with establishing limits and 
gradually reducing and preventing air pollution. 
1.5. Air quality limits are in themselves only a part 
of an action strategy. 
1.6. Other equally important aspects are the setting 
of emission limits for the main polluting sources, 
the encouragement of technological changes to 
reduce such emissions and perhaps the most impor­
tant of all, the education of public opinion to have 
the will to conquer pollution. 
1.7. The Committee urges the Council to approve 
this Directive and others before it which are relative 
to the Programme of Action without further loss of 
time. 
2. General comments 
2.1. The Directive sets a limit value for nitrogen 
dioxide in the ambient air which must not be 
exceeded and lower guide values to act as a warn­
ing. 
2.2. The Committee considers these actions for the 
implementation of the proposed Directive by Mem­
ber States to be practicable and opportune. 
2.3. The Directive is concerned only with the 
ambient air concentration of nitrogen dioxide. The 
Committee recommends that the Commission be 
asked to take similar initiatives to limjt concentra­
tions of nitrogen dioxide internally in buildings 
(including homes) and at the work place. Separate 
Directives forming part of the Action Programme 
will deal with emission levels from various sources. 
2.4. Effects of oxides of nitrogen 
2.4.1. The Committee considered the extensive lit­
erature on the effects of oxides of nitrogen on 
human health and supports the Commission in its 
reliance on the data given by Dr Wagner in his 
report to the Commission. 2.4.2. The Committee notes that the bulk of the 
data refers to short-term exposure at relatively high 
concentrations. Exposures to the median concentra­
tions commonly found in cities do not indicate ser­
ious effects of long-term exposures by the general 
population to these concentrations. 
2.4.3. The Committee notes that much less data is 
available on concentrations affecting vegetation, 
while data on the effect on materials, on photo­
chemical smog and on acid deposition cannot as yet 
be expressed numerically although efforts to do this 
should be intensified. 
2.4.4. Further details on the effects of the oxides of 
nitrogen together with a summary of their sources 
and other technical background data is given in the 
report of the Section for Protection of the Environ­
ment, Public Health and Consumer Affairs. 
3. Specific comments 
3.1. Measurement of both nitric oxide and nitrogen 
dioxide 
3.1.1. Since nitric oxide is important as a precursor 
to nitrogen dioxide, the proposed Directive recom­
mends its measurement at measuring stations to be 
set up by Member States. 
3.1.2. The Committee goes further and urges that 
the Commission be asked to amend the proposal to 
require the measurement of nitric oxide as well as 
nitrogen dioxide since the two measurements can be 
combined in the preferred method. 
3.1.3. Measurement both of the precursor and the 
secondary pollutant will provide information on the 
connection between pollutant emission and ambient 
air quality. 
3.2. The Limit value 
3.2.1. The Committee endorses the limit value of 
200 |ig/m3 for nitrogen dioxide on a 98 percentile 
calculated from the hourly mean values recorded 
throughout the year on a continual basis. This figure 
has been derived by the Commission by applying a 
safety factor of three to the World Health Organ-
6. 8. 84 Official Journal of the European Communities No C 206/3 
ization downward extrapolation of 940 (j,g/m3 for a 
99,98 percentile as 'an estimate of the lowest level at 
which adverse health effects due to short-term expo­
sure to nitrogen dioxide can be expected to occur'. 
3.2.2. Data considered by the experts appointed by 
the Section for Protection of the Environment, 
Public Health and Consumer Affairs is given in the 
report of this section. 
3.2.3. Based on that data the experts considered 
that a 300 u,g/m3 limit would not have been unreas­
onable for the Commission to propose in so far as 
the safety of human and animal life is concerned. 
3.2.4. However, no comparable data exists for the 
effect on the atmospheric phenomena of photo­
chemical air pollution (smog) and acid deposition. 
Until further data is available, limits for nitrogen 
dioxide must be set as low as is economically feasi­
ble. It is for this reason that the Committee supports 
the limit of 200 ug/m3. 
3.2.5. The Committee notes that the proposed limit 
value is higher than that proposed in the Nether­
lands but significantly below that in the new regula­
tions in the Federal Republic of Germany which 
aim only to protect health. 
3.3. Guide values 
3.3.1. The Commission proposal introduces two 
guide values, 50 ug/m3 at 50 percentile and 135 jig/ 
m3 at 98 percentile (Annex II). 
3.3.2. The purpose of these is their use as a warn­
ing to alert Member States that concentrations may 
be approaching the limit value. Member States are 
obliged to take action when the guide value is 
exceeded although they are not required to inform 
the Commission. 
3.3.3. Member States will all need to designate 
their own alarm systems to avoid exceeding the limit 
value. In devising these they will have to bear in 
mind that the method of measurement of the oxides 
of nitrogen appears as yet insufficiently developed 
for measurements of low concentrations (such as are 
proposed for guide values) with sufficient accuracy. 3.3.4. The Committee is not convinced that the 
proposal is strengthened by the introduction of 
these guide values which may give Member States 
the impression that they are a lower limit value. 
This would be wrong and could lead to a dispropor­
tionate increase in the costs of implementing the 
Directive in some Member States. 
3.4. Method of measurement 
3.4.1. The Committee understands that the best 
available method for measuring oxides of nitrogen 
is chemiluminescence and that the draft standard 
ISO DP 7996 involves a low temperature reduction 
technique that avoids interference by ammonia and 
similar compounds. 
3.4.2. Some further work on the ISO standard will 
need to be done to ensure the required accuracy and 
comparability between measuring stations. An accu­
racy of between ±20 and ± 15 % is achievable now 
at the 200 |ig/m3 level and less at lower levels. To 
achieve ± 5 %, further work would need to be done 
and the Commission would need to introduce a 
technical policing programme. 
3.4.3. The precision of the method is currently of 
the order of ± 20 u.g/m3 of nitrogen dioxide. To 
achieve the 5 p.g/m3 required in Annex III.B.2 will 
require further work. 
3.4.4. The Committee urges the Commission to 
take action to improve measuring methods to reduce 
the margin of error and to consider, derive and issue 
a guide to atmospheric sampling and operating 
techniques to ensure a standard approach by Mem­
ber States. 
3.4.5. The Committee further urges the Commis­
sion to ensure that all Member States use one stan­
dard reference measuring technique rather than pos­
sibly different measures as inferred from 
Annex III.B.l. 
3.5. Monitoring with measuring stations 
3.5.1. The Committee supports the proposal to 
establish measuring stations in locations of likely 
No C 206/4 Official Journal of the European Communities 6. 8. 84 
high exposure to oxides of nitrogen or where for 
other reasons it would be useful continuously to 
monitor them. 
3.5.2. Some Member States are further advanced 
than others in the number of such stations in opera­
tion. 
3.5.3. The Committee urges the Commission to 
take a rapid census of the stations in operation to 
establish from them principles based on their experi­
ence which can be used to assist other Member 
States. 
3.5.4. The Committee considered the capital and 
running costs of monitoring stations and does not 
consider that these costs are excessive in view of the 
benefits to be derived from the knowledge obtained. 
An example of the cost of a monitoring site is 30 000 
ECU capital cost with an annual running cost of 
17 000 ECU. 
3.5.5. The Committee considers the options for sit­
ing given in Annex III.A are too extensive. To 
avoid excess costs, monitoring should be continuous 
only in areas where the limit value is likely to be 
exceeded and where human beings are exposed to 
relatively high concentrations of nitrogen dioxide in 
ambient air. 
3.5.6. To limit unnecessary cost the Committee 
recommends that the Commission propose a preli­
minary assessment in each Member State on the 
basis of short-term measurements carried out by 
mobile stations and operated by government-
nominated laboratories. This will indicate the opti­
mum number of permanent sites necessary. This 
should also shorten the time scale for effective ac­
tion. 
3.5.7. The Commission should also be asked to 
give some attention to the development of tech­
niques of interpolation and extrapolation. The 
Committee notes that the relevant wording of the 
proposed Directive is flexible to allow Member 
States the option to set up mathematical models in 
order to reduce the number of measuring stations. 
3.6. Collection and dissemination of data 
3.6.1. The Committee supports the Commission on 
the emphasis in their proposal for the collection of data on the oxides of nitrogen and recommends that 
this data be used for further research on secondary 
pollutants. 
3.6.2. However, the Committee feels that this data, 
having been collected, should be forwarded every 
three months to the Commission for collation and 
publication every six months. This will require 
appropriate amendments to Articles 6 and 7. 
3.6.3. By such action the problem of oxides of 
nitrogen pollution will be more widely recognized 
and trends in pollution will become apparent and 
will enable any appropriate action to be initiated. 
Especially it will provide a feedback on the efficacy 
of the limit value. 
3.6.4. The Committee proposes the concept of an 
'inventory of pollution' for the Community. To this 
end a similar procedure to the above should be con­
sidered for other air pollutants with the objective of 
publishing, at least annually, maps of the Com­
munity showing main polluted areas and pollutant 
concentrations. 
In addition to oxides of nitrogen maps should show 
acid deposition, photochemical pollution and major 
environmental damage. 
3.6.5. Major benefits from such action would 
include feedback of information to assess the effi­
cacy of protective methods applied; an improve­
ment in the availability of data in support of the 
planning and decisions required to implement 
policy and the mobilization of public opinion in 
support of action. 
3.6.6. The Committee believes that Member States 
should play their full part in the collection, analysis 
and dissemination of local data reducing the load 
on the Commission to that of Community trends 
and the necessary Community action. 
3.6.7. The Committee suggests that the Commis­
sion be asked to take the necessary steps to initiate 
such an inventory of pollution. The necessity for the 
Commission to publish standard reference methods 
of measurement for the effects to be measured 
should be emphasized. 
6. 8. 84 Official Journal of the European Communities No C 206/5 
3.6.8. The Committee realizes that such a general 
programme for mobilizing public opinion against 
air pollution will be costly in staff as well as money. 
Nevertheless, it urges the Commission to propose 
it and the Council to support it as the necessary 
basic step to find out what should be done. 
3.7. Committee on Adaptation to Scientific and 
Technical Progress 
3.7.1. The Committee approves the proposal for 
the formation of a Committee on the adaptation of 
this Directive to scientific and technical progress 
which may lead to changes in the reference methods 
proposed. 
3.7.2. The Committee further approves that the 
powers of the proposed Committee on Adaptation 
to Scientific and Technical Progress would not 
include the alteration either directly or indirectly of 
the limit values and guide values proposed in 
Annex I of the proposed Directive. 
3.7.3. The Committee suggests that the Commis­
sion be asked to consider the rationalization and 
coordination of the proposed Committee with other 
Committees of a similar nature proposed in air pol­
lution Directives, in order to avoid proliferation, see 
Directive 80/779/EEC (S02 and suspended particu­
lates) and Directive 82/884/EEC (lead in the air). 
3.8. Economic considerations 
3.8.1. The Committee has considered the study 
'The economic implications of adopting air quality 
standards for nitrogen dioxide' prepared for the 
Commission. 
3.8.2. The Committee was not able to quantify the 
benefits which might arise from the implementation 
of this proposal. The health of the community may 
improve in those areas where the limit value would 
have been exceeded, mainly presumably by a reduc­
tion in respiratory troubles. Similarly, some 
improvement in certain plant crop yields might be 
obtained. 3.8.3. It is in the areas of the reduction of acid 
deposition and photochemical smog that some bene­
fits could be very large both in the protection of 
materials and buildings and the environment. How­
ever, there is no means as yet of assessing the opti­
mum limit value to achieve these beneftis. Hence 
the Committee emphasizes the importance of con­
tinual information feedback. 
3.8.4. In the study prepared for the Commission it 
is stated: 'it would not be possible to estimate even 
the order of magnitude of the actual total costs 
which would be entailed in implementing the Direc­
tive proposal...'. 
3.8.5. However, the Committee considers that 
monitoring costs should not be excessive providing 
effort is concentrated in areas where the limit value 
is likely to be exceeded. 
3.8.6. The costs of controlling the oxides of nitro­
gen will rise in inverse relationship to the limit 
value. The benefits will be subject to the law of dim­
inishing returns. The Commission has listed the cost 
effectiveness of methods of control and has given 
some cost estimates based on experience in the 
Netherlands. United States experience of associated 
high indirect costs is also relevant. These matters are 
dealt with in the report of the section in more detail. 
3.8.7. For a given study area where the limit value 
is exceeded, the Commission should be asked to 
have carried out a source contribution analysis 
together with an investigation of the applicability of 
control techniques to estimate actual total compli­
ance costs and the most effective control method 
appropriate to the location. 
3.8.8. Overall the Commission should be urged to 
instigate a wide-ranging public discussion on meth­
ods and costs for controlling nitrogen oxide forma­
tion and for denitrification. 
3.8.9. Public conferences would be a suitable 
approach leading perhaps to shared cost and/or 
concerted research programmes. Above all, the 
Commission should assess and publish techniques 
and cost estimates wherever available. 
No C 206/6 Official Journal of the European Communities 6. 8. 84 
3.9. Timing 
3.9.1. The provisions of the Directive are to enter 
into force on 1 April 1986 with temporary exemp­
tions for clearly defined zones by Member States. 
No exemption may extend beyond 1 April 1993. 
3.9.2. The Committee accepts that exemptions are 
essential, particularly in the early stages, but it 
hopes that Member States will ask for them in mod­
eration and only for valid economic reasons. 
3.9.3. The Committee presumes that the time 
schedule suggested in the proposed Directive is the 
best that is practicable but it considers that never­
theless every effort should be made to reduce it and 
especially the exemption date limit. 
3.10. The need for further research work 
3.10.1. In encouraging the need for further 
research work the Committee does not imply that 
this should be a reason for delay in action. 
3.10.2. As far as human and animal health is con­
cerned, results are already adequate to establish air 
quality limits. Further research work may require 
these limits to be modified, but at least the proposed 
limits are a reasonable initial approach. 
3.10.3. Nevertheless, more research is required in 
many health areas especially for individuals 
exposed to high concentrations of nitrogen dioxide 
for occupational or other reasons. These areas are 
summarized in the Wagner report, and some are 
mentioned specifically in the report of the section. 
The Commission should be asked to draw up a pro­
gramme of further research required on the effects 
of oxides of nitrogen on human and animal health 
and on vegetation and to take steps to implement it. 
3.10.4. In the other areas to which this proposal is 
directed, the reduction and prevention of acid 
deposition and photochemical smog, far less is 
known and more research is required. The Commis­
sion should be asked to pull together the research needs in this area in a common paper and to pro­
pose appropriate research actions. Such a pro­
gramme must be closely integrated with the infor­
mation programme suggested in paragraph 3.5. 
3.11. Harmonization of legislation within the Com­
munity 
3.11.1. Legislation for the control of pollutants of 
the air is expressed in different ways in different 
Member States. An attempt to compare existing 
regulations for the control of oxides of nitrogen 
shows this. 
3.11.2. The Committee urges the Commission to 
undertake a review of the format of legislation for 
air pollutants in the Member States and in other 
major industrial countries with a view to minimizing 
the distortion of competition. It further urges them 
to impose and publish a recommended Community 
preferred format for legislation to control air pollu­
tion, together with common definitions for ambient 
air concentration and emission limits for each signi­
ficant pollutant. 
3.11.3. Furthermore it urges the Commission be 
asked to suggest a recommended common format 
for control and enforcement for planning and oper­
ational purposes by Member States. 
3.12. International harmonization 
3.12.1. The Committee urges the Commission to 
ensure that action taken under the proposal takes 
account of and harmonizes with other international 
programmes, especially that of UN-ECE (') and fur­
ther to seek guarantees from neighbouring third 
countries, that their attitudes will not frustrate Com­
munity actions. This is especially important for the 
attempt to reduce acid deposition and photochemi­
cal smog, since pollutants can be transported over 
considerable distances. 
(') United Nations-Economic Commission for Europe, Convention on long range transboundary air pollu­tion, November 1979; OJ No L 171, 27. 6. 1981. 
6. 8. 84 Official Journal of the European Communities No C 206/7 
3.12.2. The Committee recognizes that the Com­
mission is already in discussion with many of the 33 
signatories of the Convention on ways and means to 
Done at Brussels, 23 May 1984. 
1. The Committee considers the protection of the 
health, safety and well-being of consumers as the 
first priority, and accordingly regards the proposed 
Directive as a step in the right direction and as 
being in conformity with the general principles on 
solvents set out in Directive 73/241/EEC (') on 
cocoa and chocolate products and in Directive 77/ 
436/EEC (2) on coffee and chicory extracts. Never-
(') Directive 73/241/EEC of 24 July 1973 on the approxi­
mation of the laws of the Member States relating to 
cocoa and chocolate products intended for human 
consumption (see Article 5); OJ No L 228, 16. 8. 1973, 
p. 23. 
(2) Directive 77/436/EEC of 27 June 1977 on the approx­
imation of the laws of the Member States relating to 
coffee extracts and chicory extracts (see Article 3); OJ 
No L 172, 12. 7. 1977, p. 20. reduce emissions overall in Europe and it stresses 
the great importance of this work. 
theless, the Committee makes a number of signifi­
cant observations which it feels must be taken into 
account. 
General observations 
2. Scientific Committee for Food 
2.1. The Committee accepts the evidence and 
expert opinion on solvents provided by the Scien­
tific Committee for Food, an internationally 
accepted independent body, and set out in report 
EUR 7421 (11th series). The Chairman 
of the Economic and Social Committee 
Franccois CEYRAC 
Opinion on the proposal for a Council Directive on the approximation of the laws of the 
Member States on extraction solvents used in the production of foodstuffs and food 
ingredients 
(84/C 206/02) 
The text referred to the Committee has been published in Official Journal of the Euro­
pean Communities No C 312 of 17 November 1983, page 3. 
A. LEGAL BASIS FOR THE OPINION 
On 21 November 1983 the Council decided to consult the Economic and Social 
Committee under Article 100 of the Treaty establishing the European Economic 
Community on the abovementioned matter. 
Procedure: 
The Section for Protection of the Environment, Public Health and Consumer Affairs, 
which was responsible for preparing the Committee's work on the subject, adopted its 
opinion on 26 and 27 April 1984, in the light of the report by Mrs Williams. 
B. OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE 
At its 217th plenary session, meeting of 23 May 1984, the Economic and Social Com­
mittee unanimously adopted the following opinion: