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IP-'1 COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 06.07.1995 
COM(95) 312 final 
94/0106 (SYN) 
Amended proposal for a 
COI JNOL DIRECTIVE 
on 
AMBIENT AIR QUALITY 
ASSESSMENT AND MANAGEMENT 
(presented by the Commission pursuant to Article 189 a (2) 
of the EC-Treaty) 

EXPLANATORY MEMORANDUM 
Pursuant to Article 130s(l) of the EC Treaty, the Council consulted the European 
Parliament on the proposal for a Directive on ambient air quality assessment and 
management (COM (94) 109 final - 94/0106 (SYN)). During the June 1995 plenary 
session, Parliament approved "37" amendments, "24" of which were accepted by the 
Commission either fully or in part. 
The various amendments accepted and rejected are discussed below: 
Amendments accepted by the Commission 
Amendment 5 (new Article 4(1 )(a)) introduces the requirement for a regular review of 
the quality objectives taking account of new scientific or technical developments. This 
was already implicit in the Commission's initial proposal; the result will be a dynamic 
process which will in any case be beneficial for air quality management in the Union. 
The altered structure of Annex I proposed in amendments 6, 24, 25, 26, 28, 29, 30, 32, 
33 and 34 (Article 4(l)(b) (new), Annex 1.1, Annex 1.1(6) (new), Annex 1.2, Annex 1.2(a) 
(new)) provides for a third list of substances to be examined at a second stage and a 
change in priorities for substances listed in the Commission's initial proposal. The 
principle of an assessment, at a second stage, of the need to take account of new 
pollutants is acceptable, but not all the substances proposed are sufficiently specific to the 
issue of air quality or reliably measurable. Furthermore, the shortening of the deadlines 
laid down for setting quality objectives, however desirable and understandable, can be 
accepted to a certain extent only for priority substances such as benzene and carbon 
monoxide. 
The involvement of the European Environment Agency in the various tasks planned for 
the Commission and detailed in amendments 10, 11, 15, 18, 19 and 20 (Articles 4(4), 
4(5), 7(3)(a), 7(3)(b), 8, 9 and 11(1)) is justified in principle, but the many references to 
the Agency in several articles are not justified. The Agency's role will be taken into 
account in the form of a new recital. 
Other amendments which are accepted in full or in principle improve or supplement the 
proposed provisions from the operational point of view (7, 8, 13, 14, 16, 17, 35 and 36) 
(Articles 4(l)(c), 4(2)(a) (new), 7(1), 7(3)(b), 7(3)(c), Annex II.5a (new) and Annex 
111.6). 
Amendments rejected by the Commission 
Amendments 39 (paragraphs 1 and 2), 22 and 23 provide for Parliament's involvement 
in the process for the submission of subsequent Commission proposals and in the work 
of the committee set up by the proposal. These amendments are not accepted since they 
are incompatible with the cooperation procedure and with Council Decision 87/373/EEC 
of 13 July 1987.1 The second part of amendment 11 is also rejected since it is 
incompatible with the Commission's right of initiative. 
Amendments 1, 37 and 38 require the introduction of the critical load concept. The 
concept of critical load devised in the context of the United Nations protocols on 
transboundary pollution is applicable only for a very limited number of substances 
(essentially acidifying); the extension of the concept to other pollutants is not appropriate. 
Hence they are rejected. 
Amendment 3 on the provision of information to the public by Member States is not 
accepted in view of the transparency policy introduced by the Commission, the provisions 
of Directive 90/313/EEC on the freedom of access to information on the environment, and 
the principle of subsidiarity which covers this aspect. 
Amendments 16 and 21 concern information to and participation by non-governmental 
organizations; the Commission acknowledges the importance of these organizations and 
considers that they play an important and positive part in improving the environment. 
Nevertheless, these amendments would give them a formal status linked to the 
implementation of the Directive. The Commission considers that it is unnecessary and 
inappropriate to grant such a status in the context of this proposal. Hence they are 
rejected. 
Amendments 39 (paragraph 3), 36, 27, 31 and 40, providing for an accelerated timetable 
for pollutants in Annex I part 2, are not accepted because the Commission has already 
agreed to earlier dates for benzene and CO, and in view of the amount of work and time 
required to draw up new proposals. 
Amendment 9 is unrealistic because each pollutant has its own specific problems and 
hence the time required to implement the emission reduction measures will vary; it Is not 
therefore possible to set an identical time limit for all substances. 
Amendment 12 paragraph 1 would involve substantial costs to Member States. The 
second paragraph of the amendment is of little practical value owing to the difficulty of 
defining the phrase "high density" of industrial activity. 
In accordance with Article 189a(2) of the EC Treaty, the Commission hereby amends as 
follows its proposal on ambient air quality monitoring to include the accepted 
amendments. 
OJ L 197, 18.7.1987, p. 33. 
Original text 
Recital 3 
Whereas the numerical values for the 
ambient air quality objectives shall be 
based on the findings of work carried out 
by international scientific groups active 
in the field; Amended text 
Recital 3 
Whereas the numerical values for the 
ambient air quality objectives shall be 
based on the findings of work carried out 
by international scientific groups active 
in the field; whereas this work must 
cover in particular the analysis of the 
effects of the combined action of various 
pollutants or sources of pollution and the 
effect of climate on the activity of the 
various pollutants examined in the 
context of this Directive; 
Recital 15b (new) 
Article 4(1) 
1. For those substances listed in Annex I, 
the Commission, after consultations with 
the advisory Committee referred to in 
Article 12, shall submit to the Council 
proposals for the setting of the ambient 
air quality objectives according to the 
following timetable: Recital 15b (new) 
Whereas there is a need to avoid 
increasing the amount of information to 
be transmitted by the Member States; 
whereas the information gathered by the 
Commission pursuant to the 
implementation of this Directive may be 
useful to the European Environment 
Agency and may therefore be transmitted 
to it by the Commission; 
Recital 15c (new) 
Whereas the European Environment 
Agency must be involved in the 
Commission's work on tasks linked to 
the implementation of this Directive for 
which it is competent. 
Article 4(1) 
1. For those substances listed in Annex I, 
the Commission, after consultations with 
the advisory Committee referred to in 
Article 12, shall submit to the Council 
proposals for the setting of the ambient 
air quality objectives according to the 
following timetable: 
- no later than 31 December 1996 for 
substances 1 to 5; 
- in accordance with Article 8 of Council 
Directive 92/72/EEC for ozone; 
- as soon as possible and no later than 31 
December 1999 for substances 7 to 14; 
Article 4(1 )(b) (new) 
Article 4(1 )(c) new - no later than 31 December 1996 for 
substances 1 to 5; 
- in accordance with Article 8 of Council 
Directive 92/72/EEC for ozone; 
- no later than 30 June 1998 for 
substances 7 and 8; 
- as soon as possible and no later than 31 
December 1999 for substances 9 to 14; 
Article 4(1 )(b) (new) 
(b) The Commission shall ensure that the 
quality objectives referred to in the 
previous paragraphs are reviewed at 
regular intervals taking account on each 
occasion of new developments in 
scientific research in the relevant 
epidemiological fields, and new advances 
in measuring techniques. 
Article 4(1 )(c) new 
(c) The Commission shall as soon as 
possible, examine the need and 
procedures for setting air quality 
objectives in relation to other substances 
listed in Annex 1.3 
Article 4(2)(a) 
(a) the measurement Article 4(2)(a) 
(a) the measurement 
the location of the sampling 
points; 
the minimum number of 
sampling points; 
the measuring techniques. 
Article 7(1) 
1. Member States shall take appropriate 
measures to ensure that, within the time 
limits which will be fixed in the Acts 
referred to in Article 4, the limit values 
set at Community level are not exceeded. the location of the sampling 
points; 
the minimum number of 
sampling points; 
the measuring and sampling 
techniques. 
Article 7(1) 
1. Member States shall take appropriate 
measures to ensure that, within the time 
limits which will be fixed in the Acts 
referred to in Article 4, the limit values 
set at Community level are not exceeded. 
The Member States shall take such 
Article 7(2) 
2. Member States shall make short-term 
plans for action to be taken in cases 
where an exceedance is forecast in order 
to reduce the likelihood of exceedance 
and to limit its duration. measures subject to the regulations 
governing the operation of industrial 
installations, taking into account the 
forthcoming directive on integrated 
pollution prevention and control. 
Article 7(2) 
2. Member States shall make short-term 
plans for action to be taken in cases 
where an exceedance is forecast in order 
to reduce the likelihood of exceedance 
and to limit its duration. 
Article 7(3) 
3. send these plans or programmes to the 
Commission as soon as possible and at 
the latest within two years after the end 
of the year during which levels were 
observed; 
Annex 1.1 Where applicable, these short-term plans 
shall also provide for the temporary 
suspension of activities which contribute 
towards exceeding the limit values, and 
the prohibition of road traffic. 
Article 7(3) 
3. send these plans or programmes to the 
Commission as soon as possible and at 
the latest within one year after the end of 
the year during which levels were 
observed; 
Annex 1.1 
1. Pollutants covered bv EC Directives 1- Stage one pollutants 
4. suspended particulate matter 
(SPM, PMIO^ 
2. Other ambient air pollutants for 
consideration 2. Other ambient air pollutants for 
consideration 
7. carbon monoxide (CO) 
8. cadmium (Cd) 
9. acid deposition 
10. benzene (C6H6) 
11. poly-aromatic hydrocarbons (PAH) 
(Benzo-a-pyrene (BaP) as indicator) 
12. arsenic (As) 
13. fluoride 7. benzene (QHJ 
8. carbon monoxide (CO") 
9. cadmium 
10. acid deposition 
IL poly-aromatic hydrocarbons (PAH) 
(Benzo-a-pyrene (BaP) as indicator) 
12. arsenic (As) 
13. fluoride 
# 
14. nickel (Ni) 
Annex II, point 5a (new) 14. nickel compounds classified as 
carcinogenic under category L of 
Directhre67/548/EEC 
3. Pollutants that should be considered at 
a second stage: 
-ffoxjns 
-VQÇ 
- methane 
- ammonia 
- nitric acid 
- poly-aromatic hydrocarbons in general. 
Annex II, point 5a (new) 
5a Risk assessment methods may also be 
used. 
Annex III, point 6, first indent 
Details of those factors responsible for 
the excess (transport, formation) Annex III, point 6, first indent 
Details of those factors responsible for 
the excess (transport (including 
transfrontier transporta formation) 

ISSN 0254-1475 
COM(95) 312 final 
DOCUMENTS 
EN 14 
Catalogue number : CB-CO-95-344-EN-C 
ISBN 92-77-91173-5 
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