27.9.83 Official Journal of the European Communities No C 258/3 
II 
(Preparatory Acts) 
COMMISSION 
Proposal for a Council Directive on air quality standards for nitrogen dioxide 
(Submitted by the Commission to the Council on 13 September 1983) 
THE COUNCIL OF THE EUROPEAN 
COMMUNITIES, 
Having regard to the Treaty establishing the 
European Economic Community, and in particular 
Articles 100 and 235 thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European 
Parliament, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas the programmes of action of the European 
Communities on the environment of 1973 ('), 1977 (2) 
and 1982 (J) provide that priority is to be given to 
measures against nitrogen dioxide because of its 
noxiousness and the current state of knowledge of its 
effects on human health and the environment; 
Whereas, since any discrepancy between the 
provisions already applicable or being drawn up in 
the various Member States with regard to nitrogen 
dioxide in the atmosphere could give rise to unequal 
conditions of competition and could in consequence 
directly affect the functioning of the common market, 
the legislative provisions in this area should be 
harmonized as prescribed in Article 100 of the 
Treaty; 
Whereas one of the basic tasks of the European 
Economic Community is to promote throughout the 
Community a harmonious development of economic 
activities and a continued and balanced expansion, 
which is inconceivable, without measures to combat 
pollution, improve the quality of life and protect the 
environment; whereas, since the Treaty has not 
provided the powers in this field, recourse must be 
had to Article 235 of the Treaty; 
(') OJ No C 112, 20. 12. 1973, p. 1. 
O OJ No C 139, 13. 6. 1977, p. 1. 
O OJ No.C 46, 17. 2. 1983, p. 1. Whereas, in order to protect human health in 
particular and the environment, it is necessary to set 
for nitrogen dioxide a limit value which must not be 
exceeded in the territory of the Member States during 
specified periods, and this value should be based on 
the findings reached within the framework of the 
World Health Organization, particularly with regard 
to the dose/effect relationships established for this 
pollutant; 
Whereas, despite the measures taken, it may not be 
possible to comply with the limit value in certain 
zones; whereas the Member States must therefore be 
allowed temporary derogations on conditions that 
they forward to the Commission plans for the gradual 
improvement of the quality of the air in these zones; 
Whereas the measures taken pursuant to this 
Directive must be economically feasible and 
compatible with balanced development; 
Whereas nitrogen monoxide, given that it has no 
noxious effect on health, constitutes an intermediate 
stage in the formation of nitrogen dioxide and that it 
should therefore be measured to enable a check to be 
kept on the pollutants which can be formed 
therefrom; 
Whereas nitrogen dioxide is also a precursor in the 
formation of photochemical oxidants; whereas, 
therefore, preventive action on nitrogen dioxide can 
contribute to reducing the formation of 
photochemical oxidants; 
Whereas it is necessary to establish suitable 
arrangements for monitoring the quality of the air 
and particularly the observance of the limit value; 
whereas the Member States should therefore be 
obliged to establish not only measuring stations to 
supply the data necessary for the application of the 
Directive but also stations to measure the nitrogen 
monoxide which can be converted into nitrogen 
dioxide; 
Whereas, since different sampling and analysis 
methods are applied in the Member States, it is 
necessary to permit, under certain conditions, the use 
No C 258/4 Official Journal of the European Communities 27.9. 83 
of sampling and measurement methods other than the 
reference methods laid down in the Directive; 
Whereas there is a need to provide for guide values 
separate from the limit value which must assist the 
Member States in taking action with a view to 
complying with the limit value and which also 
represent medium- and long-term air quality 
objectives; 
Whereas the subsequent development of reference 
methods of sampling and analysis referred to in this 
Directive may be desirable in the light of technical 
and scientific progress in this area; whereas, in order 
to facilitate the implementation of the work necessary 
to this end, a procedure should be set up to establish 
close cooperation between Member States and the 
Commission within a Committee on Adaptation to 
Scientific and Technical Progress, 
HAS ADOPTED THIS DIRECTIVE: 
Article 1 
The purpose of this Directive is to lay down: 
1. A limit value (Annex I) for nitrogen dioxide in the 
atmosphere and lay down the conditions for the 
application thereof in order: 
— to improve the protection of human health, 
— to contribute, if possible, to the protection of 
the environment. 
2. Guide values (Annex II) to assist Member States in 
taking action with a view to respecting the limit 
value. 
Article 2 
For the purposes of this Directive: 
'Limit value' means the concentrations of nitrogen 
dioxide as defined in the table in Annex I, which must 
not be exceeded throughout the territory of the 
Member States during specified periods and under the 
conditions laid down in the following Articles. 
'Guide values' means the nitrogen dioxide 
concentrations set out in Annex II. If those 
concentrations are exceeded, the Member States must 
exercise special vigilance and provide for measures to 
reduce them in order to avoid exceeding the limit 
value. Article 3 
1. Member States shall take the necessary measures 
to ensure that as from [1 April 1986] the 
concentrations of nitrogen dioxide in the atmosphere 
outside the work place and buildings are not greater 
than the limit value given in Annex I. 
2. However, when in particular circumstances the 
nitrogen oxide concentrations in the air in certain 
declared zones are likely to exceed the limit value of 
Annex I beyond [1 April 1986], despite the measures 
taken, the Member State concerned shall inform the 
Commission before [1 October 1985]. 
It shall at the same time forward to the Commission 
plans for the gradual improvement of the quality of 
the air in these zones. These plans, drawn up on the 
basis of relevant information on the nature, origin 
and development of this pollution, shall describe, in 
particular, the measures taken or to be taken and the 
procedures implemented or to be implemented by the 
Member State concerned. These measures and pro­
cedures must bring the nitrogen dioxide con­
centrations in the atmosphere within these zones to 
values not exceeding the limit value given in Annex I 
as rapidly as possible and by [1 April 1993] at the 
latest. 
3. When the guide values laid down in Annex II 
are exceeded, the Member States are obliged to 
provide for all suitable surveillance and/or reductions 
to prevent any risk of exceeding the limit value. 
Article 4 
1. In the zones in which the Member State 
concerned considers it necessary to limit or prevent a 
foreseeable increase in pollution by nitrogen dioxide 
in the wake of urban or industrial development in 
particular, the Member State shall fix values lower 
than the limit value in Annex I; 
2. In zones which the Member States concerned 
considers should be afforded special environmental 
protection, the Member State shall fix values much 
lower than the limit value given in Annex I. 
3. The Member States shall inform the 
Commission of the values, deadlines and timetables 
they have laid down for the zones referred to in 
paragraphs 1 and 2, and of any appropriate measures 
they have taken. 
27.9.83 Official Journal of 
Article 5 
1. The Member States shall establish measuring 
stations designed to supply the data necessary for the 
application of this Directive, in particular in zones 
where the limit value referred to in Article 3 (1) is 
exceeded or likely to be exceeded and where the 
population is likely to be exposed, as well as in the 
zones referred to in Article 4. 
2. In the zones referred to in Article 3 (2) and 
Article 4, the measuring stations shall be set up in 
accordance with the specifications laid down in 
Annex III. 
Such stations should if possible also measure the 
concentrations of nitrogen monoxide. 
Article 6 
1. After [1 April 1986] Member States shall inform 
the Commission, not later than six months after the 
end (31 March) of the annual reference period, of 
instances in which the limit value laid down in Annex 
I have been exceeded and of the concentrations 
recorded. 
2. Member States shall also notify the Commission, 
not later than one year after the end of the annual 
reference period, of the reasons for such instances 
and of the measures they have taken to avoid their 
recurrence. 
3. In addition, Member States shall forward infor­
mation to the Commission, at its request, on the 
concentration of nitrogen dioxide in the zones they 
have designated pursuant to Article 4 (1) and (2). 
Article 7 
The Commission shall periodically publish a summary 
report on the application of this Directive. 
Article 8 
The application of the measures taken pusuant to this 
Directive must not lead to a significant deterioration 
in the quality of the air in zones outside the urban 
areas where the level of pollution by nitrogen 
dixodide at the time of implementation of this 
Directive is low in relation to the limit value set out 
in Annex I. This provision does not imply a ban on 
the construction of roads to bypass urban areas. 
Article 9 
1. For the purposes of applying this Directive, the 
Member States shall use either the reference methods 
of sampling and analysis referred to in Annex IV or 
any other method of sampling and analysis in respect 
of which they demonstrate to the Commission that it 
ensures satisfactory equivalence with the results 
obtained using the method. ie European Communities No C 258/5 
2. The Commission shall determine, before 
[1 April 1985], the terms for establishing proof of this 
equivalence. 
Article 10 
1. Where, in accordance with Article 4 (1) and (2), 
a Member State intends to fix, in a region near a 
border with one or more Member States, values for 
concentrations of nitrogen dioxide in the atmosphere, 
it shall hold prior consultations with the Member 
States or States concerned. The Commission shall 
be informed and, at its request, attend such 
consultations. 
2. Where the limit value given in Annex I or the 
values referred to in Article 4 (1) and (2) — inasmuch 
as the latter values have been the subject of consul­
tations in accordance with the provisions of 
paragraph 1 — are or might be exceeded following 
significant pollution which originates or may have 
originated in another Member State, the Member 
States concerned shall hold consultations with a view 
to remedying the situation. The Commission shall be 
informed and attend such consultations. 
Article 11 
The amendments necessary to adapt the provisions of 
Annexes III and IV to technical progress shall be 
taken in accordance with the procedure laid down in 
Article 13. These modifications shall not be such as to 
alter, directly or indirectly, the limit value specified in 
Annex I. 
Article 12 
1. For the purposes of Article 11, a Committee on 
the adaptation of this Directive to scientific and 
technical progress, hereinafter called 'the Committee', 
shall be set up: it shall consist of representatives of 
the Member States, with a Commission representative 
as chairman. 
2. The Committee shall adopt its own rules of 
procedure. 
Article 13 
1. Where the procedure laid down in this Article is 
to be followed, the Committee shall be convened by 
the chairman, either on his own initiative or at the 
request of the representative of a Member State. 
2. The Commission representative shall submit a 
draft of the measures to be taken to the Committee. 
The Committee shall give its opinion on the draft 
within a time limit set by the chairman having regard 
No C 258/6 Official Journal of the European Communities 27.9. 83 
to the urgency of the matter. Decisions shall be taken 
by a majority of 45 votes, the votes of the Member 
States being weighted as provided in Article 148 (2) 
of the Treaty. The chairman shall not vote. 
3. The Commission shall adopt the proposed 
measures if they are consistent with the opinion of the 
Committee. Where the proposed measures are not 
consistent 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 decide 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. Article 14 
1. The Member States shall bring into force the 
laws, regulations and administrative provisions 
necessary to comply with this Directive by [1 April 
1986] at the latest and shall forthwith inform the 
Commission thereof. 
2. The Member States shall communicate to the 
Commission the texts of the provisions of national 
law which they adopt in the field covered by this 
Directive. 
Article 15 
This Directive is addressed to the Member States. 
ANNEX I 
Limit value for nitrogen dioxide 
(expressed in ug/m3, the volume has to be standardized at a temperature of 293 °K and the 
pressure of 101,3 kPa) 
Reference period (') 
Year Limit value for nitrogen dioxide 
200 
98 percentile calculated from the hourly mean 
values recorded throughout the year (*) 
(') The annual reference period begins on 1 April in a given calendar year and ends the following 
year on 31 March. 
(2) To ensure that the validity of the calculation of the 98 percentile is recognized, at least 60 % of 
the annual values must be available and, as far as possible, distributed uniformly over the year in 
question for that particular measurement site. In the case when readings on a certain site were 
not available over a period at longer than two weeks, the calculated percentiles must mention it. 
The calculation of the 98 percentile on the basis of hourly mean values recorded throughout the 
year is to be carried out as follows: the 98 percentiles must be calculated from the values actu­
ally measured and not from interpolated or extrapolated values. The measured values are to be 
rounded to the nearest jig/m3. All the hourly values are to be listed in increasing order for each 
Xj < X2 ^ X3 ^ Xfc ^ XN-I ^ XN 
The 98 percentile is the vaue of the component of rank k where k is calculated from the 
following: 
k = (q X N) + 1 
where q is equal to 0,98 for the 98 percentile and to 0,50 for the 50 percentile, N being the 
number of values actually measured. The value of (q x N) has to be rounded-off to nearest 
integer value. 
27.9. 83 Official Journal of the European Communities No C 258/7 
ANNEX II 
Guide values for nitrogen dioxide 
(expressed in ug/mJ, the volume has to be standardized at a temperature of 293 °K and the 
pressure of 101,3 kPa) 
Reference period 
Year Guide values for nitrogen dioxide 
50 
50 percentile calculated from the hourly mean 
values recorded throughout the year 
135 
98 percentile calculated from the hourly mean 
values recorded throughout the year 
The formula given in Annex I (2) must be used in calculating these percentiles, the value of q being 
0,50 for the 50 percentile and 0,98 for the 98 percentile. 
ANNEX III 
A. The siting of measurement stations monitoring the atmospheric concentration of N02 
1. For the surveillance of NO2 concentration, it is necessary to take measurements for two types of 
situation where people are exposed and where the limit value is likely to be exceeded: 
— confined spaces (e.g. street canyons), . 
— critical zones (e.g. affected by photochemical smog). 
2. For confined spaces, a minimum of measurement stations must be placed in a site where N02 
concentrations are principally influenced by traffic emissions and where the highest N02 
concentrations are likely to be found. 
3. For critical zones, the N02 concentrations should be surveyed by means of stations located 
outside the direct influence of traffic with a density of three stations per 100 square kilometers. 
One station will be placed where the highest concentration is most likely encountered. 
4. The sampling intake should be located at a height of between 1,5 and 5 metres. 
5. There must be a sufficient distance between the sampling point and local fixed sources of N02 
emissions in order to avoid the measurement results being influenced directly by such sources. 
No C 258/8 Official Journal of the European Communities 27. 9. 83 
B. Operation of the measurement stations 
1. If a Member State chooses a measurement method different from the reference method of 
Annex IV, nevertheless it must consider the general recommendation concerning sampling which 
is in the reference method. 
2. The degree of precision in processing and transmitting the measured values should be at least 
equal to 5 ug/m3. 
3. The final reading of the instruments should be processed in such a way that an hourly mean may 
be calculated. These hourly mean values should be stored: 
— where the limit value has not been exceeded: until the final report by the Commission is 
drawn up as provided for in Article 7, 
— where the limit value has been exceeded: until the measures called for in Article 3 have been 
taken successfully. 
ANNEX IV 
Reference sampling and analysis methods to be used pursuant to this Directive 
The reference sampling and analysis methods used to plot nitrogen oxides shall be those described 
in standard ISO DP 7996. 
For these methods the language versions published by the International Standards Organization 
(ISO) and any other versions certified by the Commission as being in line with these shall be 
considered authentic.