Proposal for a COUNCIL DIRECTIVE on Ambient Air Quality Assessment and Management
Date: 1994-07-04
Institutions: European Commission
Subjects: European Environment Agency, action programme, atmospheric pollutant, environmental protection, pollution control, public health

COMMISSION  OF  THE  EUROPEAN  COMVlUNITIES 

COM(94) 109 final 
Brussels, 04:07.1994 

94/0106  (SYN) 

Proposal 

f or  a 

COUNCIL  DIRECTIVE 

on Ambient Air Quality 
Assessment and  Management 

( p r e s e n t ed  by 

the  Commission) 

EXPLANATORY  MEMORANDUM 
concerning 
the  Proposal  for  a  Council  Directive 
on  Ambient  Air  Quality  Assessment  and  Management 

1. 

Justification  of  the  proposal 

1.1 

Reference  to  the  5th  Action  Programme 

The  5th  Action  Programme  acknowledges  the  continuing  need  for  legislative  measures  at 
Community  level,  particularly  with  respect  to  the  establishment  of  fundamental  levels  of 
environmental  care  and  protection;  in  addition  it  highlights  the  need  for  base-line  data, 
statistics  and  indicators  to  assess  environmental  conditions  and  trends  and  where  necessary 
to  adjust  and  optimise  policy.  This  Programme  also  advocates  the  setting  of  long-term 
objectives. 

With regard to ambient  air  quality,  the objectives  fixed  in  the  5th  Action  Programme are the 
effective  protection  of  all  people  against  recognized  risks  from  air  pollution  and  the 
establishment  of  permitted  concentration  levels  of  air  pollutants  which  should  take  into 
account  the protection  of  the  environment.  These  objectives  imply: 

extension  of  the  list  of  regulated  substances 
monitoring  and  control  of  concentrations  with  regard  to  standards. 

Successive  programmes  of  action  of  the  European  Communities  on  the  protection  of  the 
environment  have  stressed  the  need  to  find  a  balance  between  the  use  of  different  tools: 
product  standards,  emission  limits  and  environmental  quality  objectives/standards. 

1.2 

Scientific,  and  technical  basis  for  the  proposal 

The existing Directives, particularly  those on sulphur dioxide and suspended  particulate matter 
and on  lead,  gave  a  major  push  to  reduce  the  concentrations  of  the  respective  pollutants in 
ambient air and  there are only  a  few  'hot  spots'  left  in  the Community  where breaches  of the 
limit  values  occur. 

However,  the  implementation  of  these  Directives  highlighted  the  existence  of  various 
problems  which 
\KX\\  to  be  addressed  in  a  more  detailed  manner;  the  most  important 
difficulties  were: 

the measures taken  by Member  States did  not achieve compliance with  the limit values 
within  the  shortest  possible  lime; 

long term  air  quality  objectives  have not  been  considered  to be very  important  by  the 
majority  of  Member  States; 

there are  large  differences  in  monitoring  strategies  in  comparable  situations  between 
and  within  Member  States; 

the  harmonisation  of  measuring  methods  is  only  partially  reached  due  to  national 
practices; 

the  quality  of  the  measurements  also  depends  very  much  on  calibration  and  quality 
assurance  procedures.  There  are  obvious  differences  in  these  among,  and  within, 
Member  States; 

the information  forwarded  by  Member  States  about  the  results of  the  survey  and  the 
measures  taken  is seldom  complete  and  is difficult  for  the  Commission's  services  to 
assess.  In  the  past,  mainly  due  to  the  extremely  limited  resources  available  for  this 
task,  only  an  administrative  treatment  of  the  information  provided  by  countries  has 
been  carried  out. 

1.3 

Objectives  of  the  proposed  legislation 

The parallel  development  of ambient  air  quality  standards  and  emission/product  standards  is 
accepted  as  the  best  way  of  saleguarding  air  quality.  The  principle  of  prevention  can  be 
implemented  via stringent  ambient  air quality objectives  which  are low enough  so that adverse 
effects  are  unlikely  to  occur  according  to  the  available  knowledge. 

Under  the  present  proposal  a  Community-wide  framework  is  provided  for  assessing  and 
managing  ambient  air  quality  in  the  future. 

A  high  degree  of  harmonisation  is  proposed  in  the  assessment  strategy  which  will: 

allow  identification  of  areas  where  specific  actions  need  to  be  taken, 

highlight  the  need  for  Community-wide  legislation  in  other  areas,  and 

provide  a direct  way  of  measuring  the  impact  of  the  measures  implemented  in  order 
to  reduce  the  emissions  of  atmospheric  pollutants. 

Data on  ambient  air  quality  made available  through  this  proposal  can  be  linked  with  data on 
emissions by  models.  In  the  long  run,  the  models can  help to improve emission  inventories, 
air  quality  surveillance  and  the  design  of  control  measures.  The  detailed 
information 
collected  through  the  assessment  could  also  be  used  in  relation  to  observed  effects  on 
environment  and  health  . 

The  policy  propo.sed  al.so  aims  at  limiting  as  far  as  possible  the  economic  implications  for 
Member  States  by  restricting  the  list  of  pollutants  to  those  of  most  concern  and  by  making 
the system  of  assessment  highly  flexible. 

Air pollution  at  the workplace,  whether  indoors or  outdoors,  is subject  to other  Community 
legislation  on  the  health  and  safety  of  workers  at  work. 

1.4  Means  for  achieving  the  assessment  and  management 

In order to provide  environmental  quality  standards  needed  for  the control  of  emissions and 
to protect  human  health  it  is  proposed  to  set  air  quality  objectives  for  a  list  of  substances 
which  are  relevant  to  both. 

Criteria are  fixed  for  the assessment  in order  to  have a coherent  and  reliable  system.  Limit 
values, alert thresholds,  location of monitoring  sites, measurement  methods and other specific 
criteria  will  be  set  on  a  pollutant  to  pollutant  basis  through  Acts  under  the  Directive  which 
will  be agreed  by  Council. 

With regard  to  management,  the aim  is to  maintain  the quality  of air  and  when  necessary,  to 
improve  it.  To  meet  that  aim  requirements  are  fixed  and  in  cases  where  there  is a need  for 
improvement;  measures  and  plans  have  to  be  designed  and  implemented  by  Member  States 
to  improve  the  situation. 

2. 

Need  for  action  at  Community  lev el  -  Subsidiarity. 

2.1  What  are  the  objectives  of  the  action  envisaged  in  relation  to  the  Community's 

obligations  ? 

The aims  of  the  Directive  are  outlined  in  section  1.3;  these  are  in  complete  agreement  with 
the objectives  set  in  Article  130r  of  the  Treaty  which  include:  preservation,  protection  and 
improvement  of  the  quality  of  the  environment  and  protection  of  human  health.  The 
introduction  of a Community-wide approach  for the assessment and  management of air quality 
will  contribute  to  achieving  this  objectives. 

The protection  of  health  is one of  the  main  motivations  for  action  at  all  levels.  For  ambient 
air quality  in  particular,  it  is  logical  that  common  standards  should  be established  within  the 
Community.  There  is  no  evidence  to  suggest  that  populations  in  different  parts  of  the 
Community  vary  in  their  tolerance  of  air  pollutants. 

With  regard  to  environmental  protection,  the  proposal  aims  at  ensuring  the  protection,  and 
when  necessary,  the  improvement  of  environmental  resources  in  the  Community. 

2.2 

Is  the  action  envisaged  an  exclusive  competence  of  the  Community  or  a  shared 
competence  with  the  Member  States? 

The  competence  is  shared  with  the  Member  States,  taking  into  account  the  subsidiarity 
principle  stated  in  paragraph  4 of  Article  130r  of  the  Treaty. 

With  regard  to  the  protection  of  health,  the  Community  is  not  seeking  to  legislate  for  every 
potentially  detrimental  substance,  but  only  those  commonly  present  in  the  environment  and 
known to be in ambient air at levels which  might  be hazardous.  The standards to be proposed 
will be based on the recommendations of international, Community and national expert groups 
competent  in  this  field. 

Existing  legislation  on  ambient  air  quality  (Directives  80/779/EEC  amended  by  89/427/EEC 
on  sulphur  dioxide  and  suspended  particulate  matter,  82/884/EEC  on  lead,  85/203/EEC  on 
nitrogen  dioxide and  92/72/EEC  on  ozone)  pre-dates even  the  introduction  of  the Single Act 
which defined  the subsidiarity  principle;  the  first  Directive was adopted  in  1980 and  the most 
recent,  on  ozone,  was  approved  in  1992.  The  problems  encountered  with  the  earlier 
Directives,  outlined 
in  paragraphs  1.2  and  2.3.3,  have  demonstrated  the  need  for  a 
harmonised  approach  to  the  assessment  and  management  of  ambient  air  pollution  in  the 
Community. 

2.3  What  is the  Community  dimension  of  the  problem  ? What  solution  has  been  in  force 

until  now  ? 

All Member  States  face  the problem  of assessing and  managing  ambient air  quality.  In nearly 
all  industrialised  countries,  objectives  for  ambient  air  quality  and  for  emissions  of  air 
pollutants  have been  laid  down.  The  situation  in the  Member  States,  at  Community  level  and 
in  some  other  countries  is  summarised  below. 

2.3.1  Situation  in  the  Member  States 

All Member  States  have at  least  the air  quality  objectives  required  by current  EC  legislation. 

The evaluation  of  the situation  in different  countries  has shown  large differences  with  regard 
to  national  air  pollution  policy  in  general  and  to  the  use  of  emission  or  product  standards 
and/or ambient air quality  standards.  It underlines the fact  that countries which  have achieved 
a  high  degree  of  protection  are,  as  a  rule,  basing  their  policy  on  both  emission/product 
standards  and  ambient  air  quality  standards.  For  these countries  the  question  of  whether  the 
emission/product  standard  approach  is  more  advanced  than  the ambient  air  quality  standard 
approach  or  vice  versa  depends  mainly  on  the  importance  given  to preventive actions and on 
feasibility  aspects.  There  are  several  reasons  why  some  countries  have  still  not  achieved  a 
high  degree of  protection,  for  example,  the  air  quality  policy  has only  recently  been  defined 
and is still in a development  stage; air  pollution  is not a priority  in national  politics;  economic 
interests  of  specific  industrial  groups  are  strong  and  hamper  progress,  etc. 

Belgium 
Besides  the air  quality  standards  required  by  EC legislation,  emission  and  product  standards 
have been  laid  down  for  a  few categories  of  sources at  national  level  and  for  many  industrial 
processes  through  locally-issued  authorizations;  these  emission  standards  relate  mainly  to 
sulphur  dioxide,  dust  and  nitrogen  dioxide. 

There  are  relatively  few  independent  national  laws or  regulations  in  force  in  addition  to  the 
Community  Directives. 

Denmark 
The Danish  legislation  and  the practice of air pollution  control  aims at covering all the aspects 
needed  for  a complete  management  system.  However,  at  present  this  still  does  not  seem  to 
be  fully  developed;  there  are  gaps  in  the  setting  of  emission  standards  and  ambient  air  limit 
values  are  only  in  force  for  very  few  pollutants.  Recently  published  guidelines  may  close 
these  gaps. 

The Danish air pollution  policy aims  more towards complete emission  control  than to  drafting 
further  ambient  air  quality  standards.  In  the  frame  of  the  international  convention  of  the 
Economic  Commission  for  Europe  of  United  Nations  on  long  range  transport  and  the  cor 
responding  protocols,  Denmark  places  the  emphasis  on  emission  reduction  rather  than  the 
definition  of  new  air  quality  objectives. 

F.R.Germany 
In  Germany  the air  pollution  management  system  exists  at  two  levels:  national  and  with  the 
Lander.  Emissions  standards  are  laid  down  for  all  major  sources  of  air  pollution  and  are 
regularly up-dated according to the development of 'best available technology' and  application 
of the principle  of  prevention.  For  a number  of  pollutants  air  quality  limit  values  have been 
laid  down  linked  to  the  authorization  procedure  for  new  plants.  These  limit  values  also 
undergo  regular  revision  which  generally  means  that  they  are  tightened-up;  in addition,  alert 
concentrations  are  fixed  at  national  and  local  level  for  some  pollutants. 

The  monitoring  of  ambient  air  al.so  covers  pollutants  which  are  not  regulated;  screening 
programmes  are  often  carried  out  for  these.  Concentrations  of  many  of  the  regulated  air 
pollutants  are  surveyed  continuously  in  the  most  polluted  zones  as  well  as  in  background 
areas. 

However,  it  is  worthwhile  to  note  that  even  in  this  well  developed  management  system  the 
number  of  pollutants  for  which  air  quality  standards are  set  is much  smaller  than  the number 
of  pollutants  for  which  emission  standards  have  been  laid  down. 

France 
At the present  time,  French  air  pollution  control  policy  is orientated  towards  prevention  and 
emissions  reduction.  There  is  also  an  'air  quality  objective'  element,  i.e.,  because  binding 
emission  standards  have  been  laid  down  for  very  few  sources,  actual  concentrations  of 
pollutants  in  ambient  air  play  a  major  role  as  soon  as  the  limit  values  are  approached  in 
heavily  polluted  zones. 

While the French  authorities  pursue  their  efforts  to abate sulphur  dioxide within  the "Special 
Protection Zones"  they  have started  to generally  reduce emissions of  sulphur dioxide,  oxides 
of  nitrogen  and  volatile  organic  compounds. 

Continuous monitoring  of  industrial  and  related  emission  at source and of ambient air quality 
is being  developed  in  order  to  improve  the  enforcement  of  measures. 

Even at local  level  comprehensive  management  of  air  quality  has been  developed  for  control 
of  sulphur  dioxide  and,  to  much  a  lesser  extent,  Black  Smoke.  Local  authorities  are 
increasing  the numbers of other  pollutants  monitored  and  treat  breaches very  seriously;  local 
measures  against  nitrogen  dioxide  and  ozone  have  been  implemented  or  are  planned. 

Greece 
Greece is still in the phase of building  an efficient  environmental  management system;  major 
progress  is being  made  in  all  fields  (legislation,  administration  and  enforcement). 

No national air  pollution  management  plan  is being  implemented  although  from  time to time 
plans are developed  at  the  political  level.  In  practice,  in  this  area  the  Greek  government  is 
largely  driven  by  Community  legislation. 

The focal  point  of  Greek  air  pollution  policy  is  the  Greater  Athens  Area  for  which  detailed 
plans  have  been  developed  linking  emissions  and  ambient  air  quality  in  a  very  complex 
strategy, 
the  use  of 
techno-economical  studies on emission  reduction,  air  quality  monitoring,  etc.,  for  achieving 
the objectives.  Air  quality  modelling  and  forecasting  of emissions  have been  developed  with 
the aim  of  abating  photochemical  pollution. 

the  setting  of  additional  air  quality  objectives  and 

including 

While  the application  of  a complete  management  system  is  poor  for  the  whole  country,  it is 
quite  well  developed,  but  with  some  gaps,  for  Athens. 

Ireland 
In  the past,  Irish  policy  was  clearly  orientated  at  'ambient  air  quality'.  However,  in  recent 
years  Community  legislation  on  emission  and  product  standards  and  the  serious  breaches  of 
the ambient air  limit  values  for  black  smoke  in Dublin  have led  to substantial  revision  of Irish 
legislation.  The  ambient  air  quality  approach  and  the  emission  approach  have  both  been 
strengthened.  However,  while there are clear definitions  of ambient air quality  standards,  the 
regulations  for  emission  standards  for  stationary  and  mobile  sources  are  less  binding.  In 
practice,  only  the  standards  laid  down  in  Community  legislation  are  mandatory. 

Nevertheless,  at  national  level  a  comprehensive  air  pollution  management  system  is  not 
applied  because  it  is  considered  to  be  unnecessary  for  many  of  the  potential  air  pollutants. 
Apart  from  a  few  'hot  spots',  Ireland  enjoys  very  clean  air.  At  local  level,  Irish  legislation 
'Air  Quality  Management  Plans'  but  comprehensive  plans 
includes  provisions  to  draft 
comparable,  for  example,  to  those  for  some  German  areas  have  not  been  forwarded  to  the 
Commission.  On  the other  hand,  the  plan  made  for  Dublin  involves  many  elements  of a  full 
air  quality  management  scheme  including  detailed  assessment  of  air  quality,  emission 
inventories,  modelling,  assessment  of different  possible abatement  measures,  selection  of the 
most  appropriate  measures  and  implementation  of  measures. 

Italy 
The Italian  air  quality  management  strategy  is in a transition  phase: while,  in  the past,  it was 
almost entirely  'ambient  air quality'  orientated,  emission  control  is beginning  to play a  more 
important  role.  There  now  seems  to be a better  balance  between  these  two approaches.  The 
major  reasons  for  the  change  are: 

i)  the ineffectiveness  of  the  ambient  air  quality  approach; 
ii)  the greater  importance  given  to  international  efforts  to  reduce  emissions. 

The  Italian  authorities  have  issued  ambient  quality  guide  values  for  pollutants  other  than 
those  covered  by  EC  legislation  (in  total  for  8  substances)  but  in  reality  this  has  had  little 
effect,  indicating  that  the air quality  management  is not complete in practice either at national 
or  local  level.  The  recently  published  emission  guidelines  try  to  close  this  gap  and  it  is 
interesting  to  note  that  emission  standards  for  about  400  substances  have  been  laid  down  in 
the decree,  50  times  more  than  covered  by  air  quality  objectives. 

The Italian air  pollution  policy  is currently  equally  based  on emissions/product  standards and 
air  quality  objectives  with  a  well  developed  legal  basis.  However,  due  to  important  gaps  in 
enforcement,  the  air  quality  management  system,  with  the  exception  of  sulphur  dioxide 
abatement  in  a  few  regions,  cannot  be  considered  as  well  developed. 

Luxembourg 
The  practical  air  pollution  policy  in  Luxembourg  appears  to  be  concentrated  on  emission 
controls rather than  the application  of an  'ambient  air quality objective'  approach.  Legislation 
does  not  reflect  this  policy  and  only  very  few  emissions  standards  are  in  force.  The 
government  has  prepared,  and  is  preparing  additional,  legislation  on  emission  limits. 

A quite complex  authorization  procedure  for  industrial  sources  is in operation  but,  as  far  as 
legally  binding  emission  limits  are  concerned,  only  very  few  installations  are  covered.  For 
emission  standards  the  Community  Directives  play  an  important  role  as  well  as  relevant 
German  technical  guidelines  (T.A.-Luft).  Currently,  a  national  air  quality  plan  is  in  the 
preparatory  phase. 

The  Netherlands 
In the 1960s,  the Dutch air  pollution  control  policy  was characterised  by a sectoral  approach, 
nowadays  it  is an  integrated  part  of  a  total  environmental  policy. 

For  the implementation  of  the  new  policy,  which  tries  to cover  national,  regional  and  local 
levels,  The  Netherlands  has  developed  owe  of  the  most  comprehensive  strategies  for 
environmental  protection  of  all  EC-countries. 

Environmental policy in The Netherlands is effect-orientated  and  emission-(source-)orientated. 

The  underlying  premise  of  the  effect-orientated  approach  is  that  the  physical  environment 
should  be  such  that  effects  from  pollution  are  not  detrimental  to  humans,  plants,  animals  or 
goods.  To accomplish  this,  air  quality  standards  are  set  with  risk  management  providing  the 
basis  for  standard  setting. 

A  list  of  priority  substances  has  been  developed  on  which  action  is  focused.  As  far  as 
acceptable  air  quality  levels  are  concerned  a  three  level  system  has  been  established: 

-  limit  values, 
-  guide  values, 
-  target values. 

The policy  aims  at  achieving  the  target  values  in  the  long  term  with  the  limit  values  being 
revised  downwards  to  reach  these. 

The  air  quality  limit  values  for  sulphur  dioxide,  suspended  particulates,  carbon  monoxide, 
lead and nitrogen dioxide are  included  in legislation. The three  levels of government  involved 
are  urged  to  maintain  the  limit  values  when  they  have  been  legally  set. 

In addition  to the priority  substances  for  which  air quality  objectives  have been  set,  there are 
other  compounds  entering  the environment  which  have  the  potential  to cause  serious  effects 
to  humans  and  the  environment.  A source-orientated  approach  is advocated  for  these. 

Many of the Dutch target  values cannot  be achieved  without  international  emission  reductions. 
Therefore,  the  Dutch  environmental  programmes  includes  initiation  and  support  for  interna 
tional  activities  which  has  resulted  in  the  past  in  the  drafting  of 
Organisation  Air  Quality  Guidelines  for  Europe  (1987). 

the  World  Health 

Portugal 
The relatively  recent  Portuguese  air  quality  policy  still  does  not  seem  to be fully  developed. 
At  present,  driven  mostly  by  EC-legislation,  both  lines  of  the  effect-orientated  ambient  air 
quality  policy  and  the  source  orientated  emission  control  policy,  are  being  developed. 
However,  with  the establishment  of a system of  identification  of  "heavily  polluted  zones" and 
the parallel  creation  of  extended  monitoring  networks,  the effect-orientated  approach  linked 
to  the  most  polluted  zones  seems  to  have  a  somewhat  higher  priority.  An  air  quality 
management  system,  interconnecting  both  approaches,  has  still  not  been  set  up  either  at 
national,  regional  or  local  levels. 

Spain 
Spanish air pollution  control  policy appears to be more orientated  towards ambient air quality 
than emission  control.  In  fact,  only  very  few  emission  limit  values are  in  force  in  Spain.  In 
contrast,  as  far  as  the  survey  of  air  quality  is  concerned,  relatively  large  networks  are  in 
operation  focusing  mainly on sulphur dioxide,  suspended  particulate  matter and  Black Smoke. 
For  these  substances  breaches  o\'  the  relevant  EC-limit  values  have  been  identified  and 
measures  to  remedy  these  are  in  preparation.  Detailed  air  quality  management  plans,  either 
at national  or  at  regional  or  local  level,  aiming  at  more  general  emission  reductions  are  still 
in  preparation. 

United  Kingdom 
The  major  element  of  the  UK's  clean  air  policy  is  flexibility.  This  appears  to  be  strongly 
effect-orientated  but  the  fact  that  no  national  ambient  air  quality  standards  have been  set  as 
yet,  other  than  those  of  the  EC,  contradicts  this  view.  Such  standards  are  currently  being 
developed.  It appears  thai  there  will  be  more  emphasis  on  emission  control  in  the  future  as 

demonstrated  by  the  increasing  number  of  guidelines  on  scheduled  works. 

The element  of  fiexibilily  is accompanied  by  the  great  importance  given  to  research  in the 
UK's  clean  air  policy.  General  research  into  air  pollution  sources,  control  technology, 
dispersion of  pollutants and  effects  is conducted  by a wide  variety  of  bodies;  much  of  this is 
commissioned  by  the  Department  of  the  Environment. 
In  many  air  pollution  issues  of 
international  concern,  policy  decisions  are  influenced  by  results  of  this  work. 

The pairing of  "fiexibilily  in  measures"  with  "research  to identify  the problem  in all aspects" 
is considered  to  be  the  most  cost-effective  approach  because  it  allows  tailor-made  measures 
for  specific  problems.  The  major  drawback  of  this  approach  is  that  the  research  can  take a 
long  time  to  provide  answers,  and  the  chance  to  take  early  measures  at  low  costs  to avoid 
adverse  effects  has  been  lost. 

UK  clean  air  policy  is  well-developed  although  with  some  gaps  which  will  be  addressed  to 
some extent by the increasing number  of guidelines on scheduled  works and  the establishment 
of  ambient  air  quality  standards. 

2.3.2  Situation  in  other  countries 

Austria 
Air pollution  control  is enforced  by  laws setting  maximum  allowable  emission  levels as well 
as  maximum  ambient  air  concentrations;  these  laws  may  be  on  a  federal  as  well  as  on  a 
regional  basis.  With  the exception  of  the  laws on  smog-alert  and  protection  of  forests,  there 
is no direct connection  between  the  regulations  on  emissions  and  ambient  air  concentrations. 
Therefore,  the policy  tools  have  to be considered  as  still  not  being  fully  developed,  e.g.,  the 
application  of  models  and  emission  reduction  scenarios  which  link  emission  reductions  with 
ambient  air  quality.  Recently,  the  first  steps  towards  such  an  integration  were  made  with 
regard  to  ozone  pollution. 

The  present  policy  applies  nearly  equal!)'  to  emission  and  product  standards  as  well  as 
ambient  air  quality  objectives. 

Japan 
The Japanese  Ambient  Air  Quality  Management  System  is characterised  by  the existence  of 
many  regional  or  local  'agreements'  to  improve  the  quality  of  air  which  are  based  on  the 
criterion  of  "social  acceptance".  If  only  the  national  policy  is considered,  the  management 
system  seems  to  be  based  on  both  approaches,  emission/product  standards  +  air  quality 
objectives  although  the  emission  standard  approach  seems  to  be  further  developed,  e.g.,  a 
large  number  of  emitters  are  covered,  while  air  quality  objectives  which  are  not  legally 
binding,  are  set  for  only  a  few  pollutants. 
It  is  not  clear  whether  an  efficient  connection 
between  ambient  air  quality  and  emissions  has  been  set  up  in all  regions.  However,  at  least 
for the large agglomerations,  there are detailed  emission  inventories,  modelling  studies, and 
emission  reduction  plans available showing a well-developed  state of air quality  management. 

Sweden 
Air  Pollution  Control  Policy  in  Sweden  is  highly  centralized  and  based  on  a  national 
"masterplan",  the  "philosophy"  of  which  is  to  prevent,  as  far  as  possible,  future  adverse 
effects  on the environment  and  to  restore any  parts of the environment  that may already have 
been  damaged.  The  preventive  principle  of  the  Swedish  environment  policy  is  realized  by 
comprehensive  emission  control  and  reduction. 

These  measures  are  implemented  even  if  the  ambient  air  quality  data  do  not  exceed  the 
standards.  In  fact,  limit  values  are  in  force  for  only  very  few  pollutants  and  do  not  play a 
major role in the overall  air quality  management  system.  However,  in the light of the 'Critical 
Load1  discussion,  taking  place  at  the  United  Nations  Economic  Commission  for  Europe, 
Sweden is currently  preparing  a set of ambient  air  quality  target  values; so it is to be expected 
that the achievement  of  certain  targeted  ambient  air  levels will  play  a  more  important role in 
the  future. 

Switzerland 
In recent  years,  Switzerland  managed  it) create  a  well-developed  air  pollution  management 
system.  It covers  the  main  emission  sources by applying  a preventive  approach  as well r.s the 
use of ambient  air  quality  standards.  As in other  countries,  the number  of  pollutants  covered 
by  limit  values  is  fewer  than  those  covered  by  emission  standards. 
Both approaches  are  linked  by  regional  and  local  air  pollution  management  plans  and  where 
ever  air  quality  standards  are  breached  such  plans  have  to  be  created. 

Such  plans  have  already  been  published  for  a  number  of  'cantons'  and,  in  addition,  the 
federal  government  has  issued,  ami  is  preparing  further,  national  measures  necessary  for 
implementing  this  approach.  The overall  aim  is to avoid  breaches  of  the  limit  values  and to 
bring  emissions  back  to  the  levels  o(  1950  (for  sulphur  dioxide)  or  1960  (for  oxides  of 
nitrogen  and  volatile  organic  compounds). 

United  States  of  America 
As  far  as  the  classical  pollutants  are  concerned,  the  US  air  quality  management  system  is 
clearly  air  quality  objective  orientated:  emission  reduction  measures  are  tailored  to  comply 
with  the  standards.  Prevention  does  not  play  such  a  dominating  role  in  the  US  policy  as  in 
some of the other countries considered  above.  For example, emission  limits which  are in line 
with BAT are  required  only  for  areas  where  the  limit  values are  breached,  in other  areas less 
stringent  emissions  standards  apply. 

The management  system  is fully  developed  and  operated  at a very  high  level  of  technical  and 
scientific  quality;  all  the  necessary  administrative  prerequisites  have  been  created.  For  air 
toxics no air  quality  standards  have yet  been  laid  down  but  the strategy  for  their  management 
concentrates  on  emission  control  applying  the  principle  o\  'Maximum  Achievable  Control 
Technology'.  The  next  step of  this strategy  will  link emissions  and  ambient  air quality  again: 
the emission  standards  are  to  be  revised  for  those  pollutants  which  still  exceed  a  maximum 
individual  risk  of  cancer  o(  1 in  1 million. 

2.3.3  Situation  in  the  European  Community 
The dominating  aspects of  the Commission's  clean  air  policy  in  the period  1975 -  1985 were 
definition  of  and  legislation  for  air  quality  standards.  The  aims  of  this  policy  were  to  set 
ambient air  quality  standards  for  priority  pollutants  principally  to protect  human  health, and 
to require Member  States to take the  necessary  measures  for  complying  with  these standards 
within  a  given  time.  In  addition  the  Commission  prepared  legislation  for  those  pollution 
sources  requiring  Community  wide  action.  The  first  actions  focused  on: 

the definition  of  air  quality  standards  for  sulphur  dioxide  and  suspended  particulate 
matter  as  well  as  proposals  on  emissions  from  large  combustion  plants  and  on  the 
sulphur  content  of  gas oil 

the  setting  of  an  ambient  air  quality  standard  for  lead  accompanied  by  measures  to 
reduce  the  lead  content  of  petrol. 

This  process  also  provided  the  basis  for  the  definition  of  the  nitrogen  dioxide  strategy 
(ambient  air  quality  standards  and  emission  limits  for  motor  vehicles). 

However,  during  the  implementation  of  this  policy,  it  appeared  that: 

i) 

ii) 

the  process  of  defining  air  quality  standards  was  much  more  time-consuming  than 
expected; 

the  simple  principle  'achievement  of  compliance  with  the  limit  value can  be obtained 
by tackling a few  well-defined  sources'  did  not  work  for all  primary air pollutants and 
was  even  less  successful  for  secondary  pollutants  and  also  did  not  work  at  all  levels 
of  action  (national,  local); 

iii) 

the degradation  of  the total  environment  could  not  be remedied  by an approach  which 
focused  mainly  on  the  protection  of  human  health; 

iv) 

practical difficulties  hampered  the harmonised application  of the air quality Directives. 

Therefore,  from  around  1985  onwards,  prompted  by  the  'forest  decline'  problem,  the 
Commission  formulated  a  more  general  emissions  reduction  policy.  Measures  against  the 
emissions from  power  plants,  stationary  industrial  sources and  mobile sources followed  while 
the air  quality  standard  concept  was  not  developed  further. 

All  negotiations  on  emissions  reductions,  always  return  to  the  point  where  reductions  need 
to  be  justified  by  effects  on  the  environment.  The  establishment  of  ambient  air  quality 
standards  which  are  closely  linked  to  air  pollution  effects  provides  a  clear  basis  for  the 
justification  of  emissions  reduction  measures. 

Five  Directives  already  exist  regarding  ambient  air  quality.  These  differ  in  the  times  when 
they were adopted  and  the philosophical  basis on  which  they  were agreed  and do not provide 
an  overall  view  of  the  situation  regarding  ambient  air  quality  in  the  European  Community. 

2.4  What  is the  most  effective  solution,  comparing  the  means  of  the  Member  States  and 

the  Community  ? 

The need  for  an  harmonised  assessment  and  management  of  ambient  air  quality  throughout 
the  Community  has  been  highlighted  above.  The  present  proposal  provides  an  effective 
framework  for  such  action  and  will  provide  the  same  high  degree  of  protection  to  human 
health  and  the  environment  throughout  the  Community. 

One of  the key  elements  of  the solution  proposed  is the quality  of  the data  collected  through 
the  assessment;  these  must  be  reliable  and  comparable  to  allow  actions  to  be  taken  on  an 
appropriate basis, and thus, Community-wide,  minimum  harmonised  criteria have to be fixed. 
The informationcollected  needs  to be  made available  to the Commission  to enable  it to  make 
a Community-wide  assessment  of ambient  air  quality  and  to enable actions to be  apportioned 
to  the appropriate  level. 

2.5  What  is the added  value  brought  about  by the action  envisaged  to the Community  and 

what  would  be  the  cost  of 

inaction  7 

In addition  to the improvements  highlighted  in paragraphs  1.2 and  1.3 above,  the  information 
which will be made available will allow optimisation  of  measures  for  reduction  of emissions. 
Moreover,  ambient  air  quality  standards  will  become  a  key  planning  tool  for  industry:  they 
will  provide  a  basis  for  the  definition  o\' emission  standards  and  therefore  have  a  role  in 
consideration  of  Single  Market  matters.  The  Proposal  for  a  Council  Directive  relating  to 
measures  to  be  taken  against  air  pollution  by  emissions  from  motor  vehicles  amending 
Directive  70/220/EEC  (COM  (92)  572  final)  states,  in  Article  4.1,  that: 

"The  future  strategy  will  be  based,  inter  alia,  on  the  following  requirements: 

The need  for compliance with the Community's air quality criteria and  implementation 
of  common  Community  measures  relating  to the  monitoring  and  measurement  of  air 
quality." 

The  present  proposal  defines  a  new  approach  for  developing  Community-wide  ambient  air 
quality  policy  and  sets  out  a  long-term  programme. 

The work  to be carried  out  by the Commission  in  implementing  the approach  is complex  and 
comprehensive.  This  was  foreseen  in  the  frame  of  the  proposal  for  the  establishment  of  the 
European  Environment  Agency.  Technical  contributions  from  the Joint  Research  Centre at 
Ispra are anticipated; and to assist the Commission  in handling the information  collected  under 
the proposed  Directive  a  management  committee  will  be  set  up. 

Benefits  are  foreseen  for  health  and  the environment  but  it  is  not  possible  to  assess  them  at 
the present  stage  as  no  precise  objectives  have  yet  been  set. 

2• 6  What  action  is  available  to  the  Community  ? 

This framework  legislation  represents  a  fundamental  change  in  policy  related  to ambient  air 
quality which  needs to be translated  into national  law in Member  States thus requiring the use 
of  a  Directive.  The  specific  requirements  under  the  Directive,  for  example,  quality 
objectives,  measurement  methods  etc.,  will  be  established  on  a  pollutant  to  pollutant  basis 
through  individual  Council  Acts. 

Directives already exist  selling ambient  air quality objectives  for  some pollutants; amendment 
of  these  makes  it  desirable  that  any  new  legislation  is  in  the  form  of  a  Directive. 

Is  uniform  regulation  necessary  or  is a  Directive  setting  out  the  general  objectives 

2.7 
leaving  the  detailed  execution  to  the  Member  States  enough? 

The  assessment  of  air  quality  allows  the  identification  of  areas  within  the  European 
Community  where  the concentrations of different  pollutants are at  levels where the protection 
of  health and  ecosystems  can  not  be guaranteed.  In these areas,  the  requirements  in  terms of 
monitoring and actions to be taken  in order  to improve  the air quality  are greater than in other 
zones where a greater  flexibility 
for  the methods  used  for  assessing the air quality is allowed 
and where industrial  development  may take place  provided  that  the quality  objectives are met 
.  The laying down  of  norms  for  the  levels of  pollutants  in ambient  air allows definition  of the 
reasons and  the  conditions  for  the  improvement  of  air  quality.  The  present  proposal  defines 
the  framework  for  setting  broad  Community-wide  ambient  air  quality  objectives  but  leaves 
the responsibility  for taking specific actions to reduce pollution  levels with  the Member States. 
In order  to take  into account  the actual  concentrations  of  the different  substances  considered 
and  the  time  needed  to  implement  the  measures  necessary  to  reduce  the  levels,  the  quality 
objectives  are foreseen  to be such  that  in areas where  levels of  pollutants are high,  continuous 
improvement  is necessary.  Compliance  must  be achieved  in all areas  in the long term  (10-15 
years).  Quality  objectives  are  fixed  on  the  basis oi' present  knowledge  and  will  be  reviewed 
at  the end  of  the  period  referred  to  above. 

3. 

Results  of  consultation  wilji_aJïeçled  pa.rjners 

Consultation  has taken  place with  Member States  through  meetings with  National  Experts and 
the  need  for  a  new,  more  coherent  approach  to  improving  ambient  air  quality  in  the 
Community  is  acknowledged. 

Different  sectors  of  industry,  in  particular  the  motor  and  oil  industries,  are  aware  of  the 
proposal  through  meetings  with  Commission  officials  and  welcome  the  introduction  of 
legislation  providing  clear  and  planned  requirements  for  assessing  and  managing  ambient  air 
quality. 

13 

4. 

Choice  and  justification  of  the  legal  basis 

Article  130 S of the Treaty  is chosen  as the  legal  basis  for  the proposal  because the objectives 
pursued relate to conservation,  protection,  improvement  of the quality of the environment and 
the protection of  health.  This same  legal  basis was used  for  the last two air quality  Directives 
(89/427/EEC  and  92/72/EEC). 

5. 

Provisions  of  the  proposal 

5.1 

The  scope  of  the  Directive 

The  proposal  aims  at  defining  a  strategy  which  limits  or  prevents  harmful  effects  of  air 
pollution  to  human  health  and  the  environment.  It  does  not  apply  to  air  pollution  at work 
place  which  are  subject  to  separate  Community  legislation. 

It  sets  out  the  principles  to  be  used  to: 

fix  objectives  for  ambient  air  quality  in  the  European  Community; 
assess  the  air  quality  in  a  uniform  manner; 
make  information  on  air  pollution  available  to  the  public; 
maintain  or  improve  ambient  air  quality. 

5.2 

Topics  covered  bv_thjc_Directjye 

The  proposal  addresses  the  following  subjects: 

the  substances  to  be  considered; 
the  types  of  ambient  air  quality  objective*; 
the  methods  for  assessing  ambient  air  quality; 
the  actions  needed  according  to  the  state  o(  the  air  with  regard  to  the  ambient  air 
quality  objectives; 
the  information/daia  which  should  be  made  available  through  the  Directive. 

5.3 

Substances  covered 

The  pollutants  covered  by  the  Directive  have  been  selected  considering  the  following: 

the  effects  on  health  and  the  environment; 
all  substances  for  which  EC-air  quality  objectives  are  in  force; 
all  substances  tor  which  emission  limits  have  been  laid  down  in  at  least  one  of  the 
EC-Directives  on  mobile  and  stationary  sources; 
other  substances  for  which  international  guidelines  are  available,  such  as  those  from 
the  World  Health  Organisation  and  the  United  Nations  Economic  Commission  for 
Europe; 
source-related  measures  which  are  being  prepared  or  are  planned  within  the 
Commission. 

14 

In  addition,  the  existence  of  ambient  air  quality  objectives  in  the  Member  States  and  the 
existing or possible transboundary  aspect  were also taken  into account.  The  list of  substances 
which  will  be covered  under  the  present  proposal  is  in  Annex  I and  the  guidelines  used  for 
selecting  them  are  in  Annex  II. 

5.4 

Objectives  for  ambient  air  quality 

The present  proposal  foresees  two  different  kind  of  ambient  air  quality  objectives: 

-  limit  values  (mandatory  within  a  period  of  10-15  years) 

-  alert  thresholds  (requiring  provision  of  information  to  the  public); 

The criteria  considered  for  proposing  these  different  air  quality  objectives  are: 

to  reach  ambient  air  concentrations  which  are  under  recommended 

the  need 
(or-proved)  no adverse-effect  levels; 
the  availability  and  the  feasibility  of  measures  to  reduce  emissions  at  Community, 
national  or  local  level 
the  existing  air  pollution  levels 
the  need  for  long  term  objectives 
the  avoidance  of  an  increase  of  pollution  in  areas  where  pollution  is  low 
the  need  for  the  public  to  be  informed  about  air  pollution  levels 
the occurrence  o\' (very)  high  pollution  levels  for  short  periods  of  time  for  which  the 
measures/actions  required  go  beyond  those  necessary  for  compliance  with  the  limit 
values. 

Continuous  improvement  of air  quality  is required  in order  to reach  the  long term  limit  value 
by  the  compliance  date  which  will  be  fixed  according  to  the  procedure  laid  down  in  the 
Directive.  A  margin  of  exceedance  of  the  limit  value,  which  decreases  with  time,  may  be 
permitted  and  if so,  will  be specified  when  the  limit  value  is set. 
(The  long  term  limit  value 
+  permitted  margin  of  exceedance  is  referred  to  below  as  the  current  permitted  value). 

5.5 

Assessment  of  ambient  air  quajjjy 

In  order  to  construct  a  comprehensive  picture  of  ambient  air  pollution  throughout  the 
European  Community,  and  to  guarantee  that  air  quality  will  be  assessed  in  the  same  way 
where the ambient  air  quality  objectives  apply,  precise  requirements  have  to be defined  and 
agreed. 

The proposal  allows  the  possibility  of  using  modelling  and  estimation  techniques  as  well  as 
'precise'  measurements  as  parts  of  an  overall  and  comprehensive  assessment  system.  This 
flexibility  will  allow  optimization  of  the  resources  available  for  the  assessment  of  ambient 
concentrations. 

In  order  to  ensure  an  objective  and  umform  assessment  of  ambient  air  quality,  quality 

15 

assurance  programs,  in  line  with  tlu* requirements  o(  European  standards  are  required. 

The establishment  of criteria  for  the  selection  and  localisation  oi' measuring points and for  the 
use of  modelling  and  estimation  techniques  is a  very  complex  and  difficult  task  which  needs 
careful  scientific  ind  technical  analysis.  Moreover,  these  criteria  are  pollutant  specific  and 
ii  is  not  possible  to  set  up  general  rules  which  are  valid  for  all  substances.  The  present 
proposal  aims  at  setting  up  the  principles  and  only  requirements  of  a  general  nature  are 
proposed.  These criteria  will  fixed  pollutant  by pollutant  through  individual  Acts to be agreed 
by  the  Council  after  the  adoption  of  the  present  Directive. 

5.6 

Actions  foreseen  according  to  the  state  of  ambient  air. 

With  regard  to  the  actions  required  under  the  present  proposal,  four  different  cases  are 
considered: 

i) 

in cases  where  the  levels are above  the current  permitted  value  (long term  limit  value 
-f-  permitted  margin  of  exceedance),  Member  Stales  have  to  take  measures  and 
develop  plans/programmes  in  order  to  improve  the  Air  Quality  so  that: 

the  current  permitted  value  is  reached  as  soon  as  possible, 
compliance  with  the  long  term  limit  value  is  achieved  within  the  time  limit 
specified 

Where  appropriate,  short  term  remedial  measures  must  be  taken  in order  to  limit  the 
length  and  avoid  repetition  of  any  exceedance. 

The information  to be included  in the  plans /  programmes  for  improvement  of  the air 
quality  is  listed  in  Annex  III. 

The Commission  shall  regularly  check  the implementation  of the plans / programs and 
their  impact  on  ambient  air  quality. 

ii) 

when the levels are between  the current  permitted  value and  the long term  limit value, 
no increase  in concentration  is allowed  and  compliance  with  the long  term  limit  value 
has  to  be  achieved  within  the  lime  limit  fixed. 

iii) 

in  cases  where  the  concentration  is  below  the  long  term  limit  value,  no  particular 
requirements  exist. 

iv) 

in cases of exceedance  of alert  thresholds,  the necessary  steps  must  be taken to  inform 
the  public. 

The proposal  requires  Member  Stales  lo classify  areas according  to paragraphs  i) - iii) above 
and  provide  this  information  to  the  Commission 

5.7 

Operational  requirements 

It is required  that the Commission  be informed  about the authorities and  laboratories/institutes 
which  will  be  involved  from  the  administrative  and  technical  point  of  view,  the  aim  is 
twofold: 

i) 

ii) 

to allow  the  Commission  to have  clearly  identified  bodies  with  which  it can examine 
the  matters  related  to  the  Directive; 

to guarantee  the  reliability  of  the  assessment  of  ambient  air  quality  conducted  in the 
Member  Slates. 

In order  to allow  Member  States  to collect,  centralise  and  check  the  validity  of  information 
and data, and to draft  plans  where necessary,  the  following  timetable  is set out for  supplying 
information  to  the  Commission: 

; 

every  year,  at  the latest  3 months after  the end of the reference  period  (calendar  year) 
for  the  identification  of  poor  air  quality  areas. 

6  months  after  the  reference  period  (calendar  year)  for  the  levels  recorded  in  cases 
where  they  are  above  the  permitted  values  and  the  reasons  for  these. 

at the latest,  2 years after  the  reference  period  for  the plans which  are required  for the 
improvement  of  the  air  quality. 

.  3  months  after  their  occurrence  for  exceedances  of  alert  thresholds. 

On  the basis  of  the  information  above  the  Commission  shall  publish  annually  a  list  of  areas 
where  the  levels  of  air  pollution  are  highest,  and,  every  3  years  in  collaboration  with  the 
European  Environment  Agency,  a  report  of  the  quality  of  air  in  the  European  Community 
which  will  include  a  list  of  areas  classified  according  to  the  levels  of  air  pollution. 

5.8 

Implementation  of  the  Directive  -  Calendar 

The proposal  does not cover  specific  details  regarding  the individual  substances,  for  example: 

the  quality  objectives 
the  assessment  criteria 
the  measuring  methods 

and  related  subjects. 

It is proposed  that  these  be addressed,  under  the  present  Directive,  through  individual  Acts, 
agreed  by  Council  on  a  pollutant  by  pollutant  basis. 

17 

An advisory  Committee  will  be created  in order  to assist  the Commission  on  the  follow-up 
to  the present  Directive.  This  Committee  will  be consulted  regarding  the  specific  details 
above  for  each  pollutant  before  the Commission  submits  its  proposals  for  the  Acts  to  the 
Council.  It will  also assist  the Commission  in evaluating  the  information  sent by  Member 
States. 
The timetable fixed  for  the implementation  of the Directive  makes two commitments for the 
establishment  of quality  objectives  and  related  matters: 

before  31  December  1996 for  the substances covered  by existing  Directives 

before  31  December  1999 for  the other  substances  listed  in  Annex  I. 

Existing Directives on air quality (80/779/EEC, 82/884/EEC, 85/203/EEC, 89/427/EEC and 
92/72/EEC) will cease to be valid when the relevant Acts for the substances covered by those 
Directives are adopted. 

18 

Proposal  for  a  Council  Directive 
on  Ambient  Air  Quality 
Assessment  and  Management 

The Council  of  the  The  European  Union; 

Having  regard  to  the  Treaty  establishing  the  European  Community  and  in  particular  Article  130 s, 
paragraph  1,  thereof; 

Having  regard  to  the  propositi  from  the Commission1; 

In cooperation  with 

the  European  Parliament-'; 

Having  regard  to  the  opinion  of  the  Economic  and  Social  Committee3; 

Whereas  the  fifth  Action  programme  of  19921 on  the  environment  foresees  amendments  to existing 
legislation  on  air  pollutants  and  extension  of  the  list  of  regulated  air  pollutants  and  requires  the 
establishment  of  long  term  objectives; 

Whereas  in order  to  protect  the  environment  as  a  whole  and  human  health,  concentrations  of 
harmful  air  pollutants  shall  be  limited  and  ambient  air  quality  objectives  set; 

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  the ambient  air  quality  needs  to  be  assessed  against  quality  objectives; 

Whereas  the  needs  for  the  assessment  of  the  ambient  air  quality  in  the  European  Community  have 
to be proportional  to  the  degree  of  pollution; 

Whereas  the  strategy  for  this  assessment  has  to  be  linked  to  the  air  pollution  levels  and  to the  size 
of  populations  and  ecosystems  exposed  to  these  levels; 

1  OJ  N'" 

2  OJ  N° 

1  OJ  M° 

A  OJ  N° 

Whereas,  at a  regional  scale  and  in  order  to optimize  the  cost  effectiveness  of  prevention  measures, 
greater  flexibility  for  ambient  air  quality  management  is  foreseen  in order  to allow  sustainable 
development; 

Whereas  in order  for  assessment  of  ambient  air  quality  based  on  measurements  made in  Member 
States  to be comparable,  the  location  and  number  of  sampling  points  and  methods of  measurement 
shall  be  specified  when  values  are  set  for  ambient  air  quality  objectives; 

Whereas  to allow  for  the  use  ol* other  techniques  of  estimation  of  ambient  air quality  besides direct 
measurement  it  is  necessary  to  i\ci"u\c  the  criteria  for  use  and  required  accuracy  of  these techniques; 

Whereas  the  general  rules  set  up  under  the  present  Directive  have  to  be  completed  by  others 
specific  to  the  individual  substances  covered; 

Whereas  in  order  to  protect  the  environment  as  a  whole  and  human  health  it  is  necessary  that 
Member  States  take  action  when  limit  values  are  exceeded  in  order  to  comply  with  these values 
within  the time  fixed; 

Whereas  these  actions  require  time  to  be  implemented  and  become  effective,  permitted  margins of 
exceedance  of  the  ambient  air  quality  objectives  may  need  to  be  set; 

Whereas  areas  may  exist  in  Member  Stales  where  levels  are  greater  than  the  limit  value but within 
the allowed  margin  of  exceedance,  ambient  air  quality  shall  not  be  allowed  to deteriorate 
significantly  or  permanently  and  the  limit  value  shall  be  complied  with  within  the time  specified; 

Whereas  the  setting  of  alert  thresholds  at  which  precautionary  measures  should  be taken  by the 
public  will  make  it  possible  to  limit  the  impact  of  pollution  episodes  on  health; 

Whereas  in  order  to  facilitate  handling  and  comparison  of  data  received,  this  shall  be  provided  to 
the  Commission  in  standardised  form; 

Whereas  the  implementation  of  a  wide  and  comprehensive  policy  for  ambient  air  quality  assessment 
and  management  needs  to  be  based  on  strong  technical  and  scientific  grounds  and  permanent 
exchange  of  views  with  the  Member  Stales; 

Whereas  in  order  to  provide  the  Commission  with  the  necessary  assistance  with  these  matters, an 
advisory  Committee  shall  be  set  up; 

Whereas  in  order  to  manage  the  information  collected  and  to  evaluate  exceedances of  the limit 
value and  the  actions  being  taken  in  Member  Stales,  the  Commission  will  act  with  the assistance of 
the advisory  Committee; 

Whereas  in  order  to  promote  the  reciprocal  exchange  of  information  between  Member  States and 
the European  Environment  Agency  (EEA),  the  Commission  with  the  EEA  shall  publish  a report on 
ambient  air  quality  in  the .European  Community  every  3  years: 

_?c 

Whereas  Directives  on  air  quality  already  exist,  and  whereas  the  substances  covered  by  Directives: 
80/779/EEC  amended  by  89/427/EEC,  82/884/EEC,  85/203/EEC  and  92/72/EEC  shall  be 
addressed  first; 

HAS  ADOPTED  THIS  DIRECTIVE: 

Article 1 

Objectives  -  scope. 

The general  aim  of  this  Directive  is  to  define  the  basic  principles  of  a common  strategy  to: 

\ 

establish  objectives  lor  ambient  air  quality  in  the  European  Community  designed  to  limit  or 
prevent  harmful  effects  the  environment  as  a  whole  and  to  human  health; 

assess  the  ambient  air  quality  in  Member  Slates  in  a  uniform  manner; 

make  available  10 the  public  information  on  ambient  air  quality; 

maintain  good'ambient  air  quality  and  improve  poor  ambient  air  quality. 

This  strategy  shall  cover: 

the  procedure  and  the  criteria  by  which  ambient  air  quality  objectives  are  required  to  be  set  at 
Community  level; 

the  types  of  ambient  air  quality  objectives  foreseen; 

methods  of  carrying  oui  ambient  air  quality  assessment; 

the actions  /  measures  required  when  and  where  the  ambient  air  quality  objectives  are 
exceeded ; 

the  information  required  under  this  Directive. 

Article  2 

Definitions 

For  the  purpose  of  this  Directive  : 

1. 

"Ambient  air"  : outdoor  air  in  the  troposphere,  excluding  workplaces  and  indoors; 

i\  -

2. 

3. 

"Pollutant"  means  any  substance  introduced  directly  or  indirectly  by  man  into  the ambient air 
and which  are  listed  in  Annex  1  . 

"Level"  :  the  concentration  in  ambient  air  or  the  deposition  rale  of  a  pollutant  on  surfaces  in a 
given  time; 

4. 

"Assessment"  :  any  method  used  to  measure,  compute,  predict  or  estimate  the  level  of a 
pollutant  in  the  ambient  air. 

5. 

6. 

7. 

8. 

"Quality  Objective"  : a  limit  value  or  alert  threshold  which  when  exceeded  is  subject  to the 
conditions  laid  down  in  the  following  articles. 

"Limit  value"  : a  quality  objective  fixed  with  the  aim  of  preventing  harmful  effects  on 
environment  and/or  health  which  shall  not  be  exceeded  and  beyond  which  actions  shall  be 
taken  by  the  Member  Slates  as  laid  down  in  this  Directive. 

"Permitted  margin  of  exceedance"  :  the  percentage  of  the  limit  value  by  which  this  value 
might  be  exceeded  during  according  to  the  conditions  laid  down  in  the  following  articles. 

"Alert  threshold"  : a quality  objective  beyond  which  there  is a  risk  to  human  health  in  the 
event  of  short  term  exposure  and  at  which  immediate  steps  shall  be  taken  by  the  Member 
States  as  laid  down  in  this  Directive. 

9. 

"Agglomeration"  : an  area  where  the  population  and/or  the  economic  activities  are  sufficiently 
concentrated  that  it  is  necessary  for  ambient  air  quality  to  be  assessed  and  managed. 

10.  "Zone"  :  any  oilier  delimited  geographical  area; 

11.  "Area  of  poor  air  quality"  : an  agglomeration  or  a  /one  in  which  the  levels  of  a  given 

pollutant  are  higher  than  the  limit  value  plus  the  permitted  margin  of  exceedance  and  where 
measures  shall  be  taken  to  ensure  that  the  limit  value  is  achieved  within  the  time  limit 
specified. 

12.  "Area  of  improving  air  quality"  : an  agglomeration  or  a  /one  in  which  the  levels  of  a  given 
pollutant  are  higher  than  the  limit  value  but  lower  than  the  limit  value  plus  the  permitted 
margin  of  exceedance  and  where  care  should  be  taken  in  order  .not  to  increase  air  pollutant 
concentrations  in  a continuing  way;  in  these  areas,  measures  shall  be  taken  to  ensure  that  the 
limit  value  is  reached  within  the  lime  limit  specified. 

13.  "Area  of  good  air  quality"  : an  agglomeration  or  a  /.one  in  which  the  levels  of  a  given 

pollutant  are 

lower  than  the  limit  value  and  where  the  levels  are  to  be  kept  below  this  value. 

vi 

Article  3 

Implementation -  responsibilities. 

For  the  implementation  of  the  provisions  of  this  Directive,  the  Member  States  shall: 

designate  those  national,  regional  or  local  authorities  which  are  to be  responsible  for 
the  implementation  of  this  Directive,  as  well  as  the  accreditation  of  laboratories and 
inform  the  Commission  thereof. 

inform  the  Commission  which  laboratories  or  institutes  are  to  be  responsible  in  line 
with  the  requirements  of  European  standards  for  quality  assurance,  for  assessing and 
for  estimating  ambient  air  quality. 

inform  the  Commission  which  Central  Authority  is  responsible  for  the coordination 
on  their  territory  of  Community-wide  quality  assurance  programmes  organised  by the 
Commission. 

make  the  necessary  provisions  to ensure  thai  the  laboratories/institutes  here above 
organize  systematic  internal  quality  controls  including  measuring  sites; 

carry  out  at  regular  intervals  an  analysis  of  the  methods  of  assessment  for  examining 
the  quality  of  ambient  air,  specially  with  regard  to actual  levels  compared  to the 
objectives,  and  modify  it  if  it  no  longer  correspond  to  the  provisions  in  force  relating 
to  the  quality  of  air. 

Article  4 

Setting of  the  ambieni  air  t/uu/iiy objectives 

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  N%  for  substances  I  to 5; 
in  accordance  with  Article  8 of  the  Council  Directive  92/72/EEC  for  ozone; 
as  soon  as  possible  and  no  later  than  31  December  1999  for  substances  7  to  14; 

For  the  other  substances  not  listed  in  Annex  1,  the  Commission  shall  submit  to  the  Council 
proposals  for  limit  values  and  alert  thresholds  if,  on  the  basis  of  scientific  progress  and taking 
into  account  the  guidelines  in  Annex  II, 
European  Community  have  to  be  protected  against  their  effects;  these  proposals  will  be  made 
after  consultations  with  the  advisory  Committee. 

the  environment  and/or  human  health 

in  the 

2.  At  the  time  of  selling  the  ambient  air  quality  objectives,  time  limits  for  compliance  shall  be 

fixed  and  criteria  shall  be  estai)!ished  iuf  : 

L 

a.  the measurement 

+  the location of the sampling points; 
+  the minimum number of sampling points; 
+  the measuring techniques 

b.  the use of other techniques for assessing ambient air quality. 

These criteria shall be established in respect of each substance and according to the size of 
agglomerations or the pollution level in agglomerations or zones where the ambient air quality 
is assessed. 

3. 

If necessary and in order to take into account the existing levels of a given pollutant at the 
time of setting quality objectives as well as the time needed to implement measures aiming at 
improving the ambient air quality, a temporary permitted margin of exceedance shall also be 
set by the Council for the limit value . 

This margin shall be reduced each year by a constant factor allowing the limit value to be 
reached within the time limit referred to in paragraph 2 here above. 

4.  When a Member State sets more stringent objectives, than those agreed by the Council, it 

shall inform the Commission thereof. 

5.  When a Member State intends to set quality objectives for substances not covered by ambient 
air quality objectives of the European Community it shall, before implementing these, inform 
in due time the Commission in order to allow examination of the need to act at Community 
level following the guidelines in Annex n. 

Articled 

Assessment of ambient air quality 

1.  Once quality objectives are set, ambient air quality shall be assessed throughout the territory 

of the Member States according to the provisions of the following paragraphs. 

2.  Measurement is mandatory in the following areas : 

agglomerations of more than 250.000 inhabitants with a population density of more 
than 1000 inhabitants/km2 
areas of poor or improving air quality 

3.  Provided that representative measurements or survey campaigns show that the levels in an 
area are below 75% of the limit values, measurements combined with modelling might be 
used. 

-?u  -

4. 

5. 

Provided  that  representative  measurements  or  survey  campaigns  show  that  the levels  in an 
area are  below  50%  of  the  limit  values,  techniques  of  modelling  or  objective  estimation, 
might  be  used  alone  to  evaluate  the  levels. 

In  cases  where  substances  shall  be  measured,  this  shall  be  carried  out  at fixed  sites either 
continuously  or  by  random  sampling;  the  number  of  measurements  shall  be  sufficient  in order 
to allow  the  determination  of  the  quality  objectives. 

Article  6 

Improvement of  ambient  air  qualify  -  General rcijuireinenis 

Any  actions  taken  in  order  to  achieve  the  aims  of  this  Directive  shall  not  : 

(i) 

induce  additional  pollution  in  another  media; 

(ii)  have an  adverse  effect  on  the  air  at  the  workplace  or  the  arrangements  made  for  the  protection 
of  safety  and  health  of  workers  at  work; 

Article 7 

Improvement of  ambient  air  totality - Mcii.aircs  applicable  in  areas  oj poor  air  quality. 

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. 

2.  Member  States  shall  make  short  term  plans  for  actions  to  be  taken  in  cases  when  an 

exceedance  is  forecast  in  order  to  reduce  the  likelihood  of  exceedance  and  to  limit  its 
duration. 

3. 

In  areas  of  poor  air  quality, 

a. 

(i) 

(ii) 

b. 

Member  States  shall  inform  the  Commission  about: 

the  occurrence  of  levels  above  the  limit  value  -t-  the  permitted  margin  of  exceedance, 
the  date(s)  or  pcnod(s)  of  occurrence  and  the  values  recorded  within  three  months 
after  the  end  of  each  year: 
the  reasons  for  each  occurence  within  six  months  after  the  end  of  each  year; 

Member  Stales  shall  take  measures  to  ensure  that  a  plan  or  programme  shall  be 
produced  and  implemented  which  shall  result  in  the  limit  value  being  attained  within 
the  time  limit  fixed. 

This  plan  or  programme,  which  has  to  be  made  available  to  the  public,  shall  at  least 
specify  the  information  listed  in  Annex  111. 

c. 

(i) 

(ii) 

Member  Slates  shall: 

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; 
inform  the  Commission  annually  of  the  progress  in  the  implementation  of  the 
plan/programme. 

4. 

In  areas  where  levels  of  more  than  one  pollutant  exceed  the  quality  objectives,  Member-States 
shall  provide  an  integrated  plan  covering  all  substances  concerned. 

5.  The  Commission,  assisted  by  the  advisory  Committee  referred  to  in  Article  12,  shall  regularly 
check  the  implementation  of  the  plans  /  programmes  submitted  under  paragraph  3.b)  by 
examining  their  progress  and  the  trends  in  air  pollution. 

Article  8 

Measures applicable  in  area  of  improving  ambient  air  quality  . 

In areas  of  improving  air  quality,  the  necessary  measures  shall  be  taken  to  ensure  that  the 
requirements  of  Article  7.1  shall  be  met. 

The  list  of  areas  of  improving  air  quality  and  information  summarising  the  levels  assessed  in  these 
areas  shall  be  transmitted  to  the  Commission  according  to  the  requirements  of  Article  11. 

Article  9 

Requirement in  areas  of  good  cur quality 

Areas  of  good  air  quality  shall  be  notified  to  the  Commission  and  information  summarising  the 
levels  assessed  in  tliese  areas  shall  be  transmitted  to  the  Commission  according  to  the  provisions  of 
Article  11. 

Article  10 

Measures applicable  when levels  are  above  the  alert  thresholds 

When  the  alert  thresholds  are  exceeded.  Member  States  shall  take  the  necessary  steps  to  inform  the 
public  (e.g.  by  means  of  radio,  television  :\\\d  the  press).  Member  States  shall  also  forward  to  the 
Commission,  information  about  the  lev els  recorded  and  duration  of  episode(s)  within  3  months  of 
their  occurrence.  A  list  of  minimum  details  to  be  supplied  to  the  public  shall  be  specified  together 
with  the  alert  thresholds. 

cL 

Article  11 

Transmission  of  the  data  -  reports. 

After  adoption  by  the  Council  of  the  first  proposal  referred  to  in  Article  4.1: 

1.  Members  states  shall  provide  to  the  Commission: 

a. 

b. 

Each  year  and  at  the  latest  three  months  after  the  em\  of  each  year,  the  list  of  areas of 
improving  and  good  air  quality. 

Every  three  years  and  at  the  latest  six  months  after  each  three  year  period,  the 
information  on  the  levels  required  under  Article  8. 

2.  The  Commission  shall  publish: 

a. 

b. 

Each  year,  a  list  of  areas  of  poor  air  quality  in  the  European  Community  . 

Every  three  years,  a  report  on  the  ambient  air  quality  in  the  European  Community. 
This  report  shall  show  in  a  summarized  form  the  information  received  under  Articles 
7,  8  ,9  and  10 above  as  well  as  that  relating  to  the  activities  set  out  in  Article  3; it 
will  also  include  the  data  collected  following  the  decision  ...  /  ...  /EEC  setting  up a 
reciprocal  exchange  of  information  and  data  collected  from  the  networks and 
individual  stations  measuring  atmospheric  air  pollution  in  the  Member States. 

3.  The  Commission  shall  call  upon  the  expertise  available  in  the  European  Environment  Agency 

in  drafting  the  report  referred  to  in  Article  11.2.1). 

Article  12 

The  advisory  Committee 

1.  The  Commission  shall  be  assisted  by  a committee  of  an  advisory  nature  composed  of  the 

representatives  of  Member  States  and  chaired  by  the  representative  of  the  Commission. 

2.  The  representative  of  the  Commission  shall  submit  to  the  committee  a  draft  of  the  measures to 

be  taken.  The  committee  shall  deliver  its  opinion  to  the  draft,  within  a  time  limit  which  the 
chairman  may  lay  down  according  to  the  urgency  of  the  matter,  if  necessary  by  taking  a vote. 

3.  The opinion  shall  be  recorded  in  the  inimités  :  in  addition,  each  Member  State  shall  have the 

right  to ask  to  have  its  position  recorded  in  the  minutes. 

4.  The  Commission  shall  take  the  utino'M  account  of  the  opinion  delivered  by  the committee.  It 

shal  inform  the  committee  of  the  manner  in  which  its  opinion  has  been  taken  into account. 

-n 

Article 13 

1.  Member  States  shall  bring  into  lorce  the  laws,  regulations  and  administrative provisions 

necessary  to comply  with  this  Directive  before  31 July  1996. 

When  Member  States adopt  these  provisions,  these shall  contain  a reference  to this Directive 
or shall  be accompanied  by  such  a  reference  at  the time of  their  official  publication, the 
procedures for  such  a reference  shall  be adopted  by  Member  States. 

2.  Member  Stales shall  communicate  to the Commission  the texts of  the provisions of national 

law  which  they  adopt  in  the  field  covered  by  this  Directive. 

Article  14 

This Directive  is addressed  to the  Member  Slates and  shall  enter  into  force  on the 20th day 
following  its publication  in the Official  Journal  of  the  European  Communities. 

Done at Brussels,  . 

"or  the Council 

fhe  President 

_ I  sr 

List of atmospheric  pollutants  lo be taken  into consideration  within  the  framework  for  assessment 
and  management  of  Ambient  Air Quality  . 

ANNEX 1 

1) Pollutants covered  by  EC  Directives 

1. Sulphur  Dioxide (SO,) 
2.  Nitrogen  Dioxide  /  Oxides  (NO, /  NOJ 
3.  Black Smoke  (B S) 
4.  Suspended  Particulate  Matter  (S  P M) 
5.  Lead  (Pb) 
6.  Ozone (O,) 

2) Other ambient  air  pollutants  for  consideration 

7.  Carbon  Monoxide  (CO) 
8.  Cadmium  (Cd) 
9.  Acid  deposition 
10. Benzene  (CftHJ 
11.  Poly-Aromatic  Hydrocarbons  (PAH  )(  Ben/o-a-Pyrene (BaP) as  indicator) 
12. Arsenic (As) 
13.  Fluoride 
14. Nickel  (Ni) 

- ? " >-

ANNEX  li 

(iuidelines  for  selecting  air  pollutants  for  consideration 

1. 

possibility,  severity  and  frequency  of  effects;  with  regard  to  human  health,  the  irreversible 
effects  must  be  of  special  concern; 

2. 

ubiquity  and  abundance  of  the  pollutant  in  the  atmosphere; 

3. 

4. 

environmental  translbrmations  or  metabolic  alterations,  as  these  alterations  may  lead  to the 
production  of  chemicals  with  greater  toxicity; 

persistence  in  the  environment,  particularly  if  the  pollutant  is  resistant  to  environmental 
degradation  and  can  accumulate  in  humans,  the  environment  or  food  chains; 

5. 

impact  of  the  pollutant  : 

+  size  of  exposed  population  .  living  resources  or  ecosystems; 
+  existence  of  particularly  sensitive  targets. 

The criteria  established  under  the  Directive  o7/.v!8/CEE  and  its  successive  adaptations  shall  be 
taken  into  account  for  the  selection. 

--\o  ~ 

ANNEX  III 

Information  to  be  included  in  the  local,  regional  or  national  programmes  for  improvement  in the air 
quality 

Information  to be  provided  under  Article  7.3 

1.  Localization  of  the  exceedance 

region 
city  (map) 

measuring,  station  (map,  geographical  coordinates) 

2.  General  information 

type  of  area  (city,  industrial  or  rural  area) 
estimate  of  the  polluted  area  (km')  and  of  the  population  exposed  to  the pollution 
useful  climatic  data 
relevant  data  on  topography 
sufficient  information  on  the  type  of  targets  requiring  protection  in  the  area 

3.  Responsible  authorities 

names,  addresses  of  persons  responsible  for  the  tievelopment  and  implementation  of  improvement 
plans. 

4.  Nature  and  assessment  of  pollution 

concentrations  observed  over  previous  years  (before  the  implementation  of  the 
improvement  measures) 
concentrations  measured  since  the  beginning  of  the  project 
techniques  used  for  the  assessment 

5.  Origin  of  pollution. 

list  of  the  main  emission  sources  responsible  for  pollution  (map) 
total  quantity  of  emissions  from  these  sources  (t/year) 
information  on  imported  pollution.in  the  area. 

6.  Analysis  of  the  situation 

details  of  those  factors  responsible  for  the  excess  (transport,  formation) 
details  of  possible  measures  foy improvement  of  air  quality 

-~*>\ 

7.  Details of  those  measures or  projecls  for  improvement  which  existed  prior  to the entry into 

force of  this  Directive  i.e. 

local,  regional,  national,  international  measures 
observed  efleets  of  these  measures 
funding  set  aside  for  these  measures 

8.  Details of  those  measures or  projecls  atlopied  with  a view  to  reducing  pollution,  following  the 

entry into force  of  this Directive 

listing  and  description  of all  the  measures  set  out  in the  project 
timetable  for  implementation 
estimate  of  the  improvement  of  air  quality  planned  and  of  the expected  time required 
to attain  these quality  objectives 
funding  required  and  funding  available  for  the  project 

9.  Details,  including  a timetable,  of  the  measures or  projects  planned  or  being  researched  for  the 

long term. 

10.  List of  the publications,  documents,  work,  etc  used  to supplement  this annex 

-Y2 

FINANCIAL  STATEMENT 

Section  1;  Financial  implications 

1. 

Title  of  operation 

Proposal  for  a  Council  Directive  on  ambient  air  quality  assessment  and  management. 

2. 

Budget  headings  involved 

B4-306 
B4-304 

Awareness  and  subsidies  (Report  publication  foreseen  under  Article  11) 
Environment  legislation  (technical  evaluations) 

3. 

Legal  basis 

EC  Treaty  Article  130S. 

4. 

Description  of  operation 

4.1 

Specific  objectives  of  operation 

To establish  objectives  for  ambient  air  quality  in  the  European  Community  designed  to  limit 
or  prevent  harmful  effects  on  human  health  and  on  the  environment  as  a  whole. 

To establish  a common  framework  under  which  air quality can  be assessed  and  managed  such 
that  areas  requiring  specific  actions  can  be  identified, 
the  need  for  Community-wide 
legislation  in  other  areas  is  highlighted  and  such  that  there  is a  direct  way  of  assessing  the 
measures  implemented  to  reduce  emissions. 

To  inform  the  general  public  about  the  quality  of  ambient  air. 

To  maintain  good  air  quality  and  improve  poor  air  quality 

To  reform  existing  legislation  regarding  ambient  air  pollutants. 

4.2 

Duration 

Not  defined 

-VI 

4.3 

Target  population 

The Directive  is aiming  at a high  degree  of  protection  for  human  health  against  atmospheric 
pollution  caused  by  different  substances  for  which  quality  objectives  have  to  be  fixed 
according to a calendar.  The setting of  maximum  allowable concentrations  in the ambient air 
will  affect  all  people  in  the  European  Community  . 

In  addition,  the  proposal  includes  different  practical  requirements  related  to  the  assessment 
of  the  air  quality  (monitoring  and  measuring  systems)  and  its  management;  the  different 
national,  regional  or  local  centers  in  charge  of  these  matters  are  also  concerned. 

5 

Classification  of  expenditure  or  revenue 

5.1 

Non-compulsory 

5.2 

Differentiated 

5.3 

No  receipts 

6. 

Type  of  expenditure 

Publication  of  summarized  information  each  year  and  of  a  report  every  three  years  (Part  B 
of  budget) 
Technical  and  scientific  support  is needed  for  the achievement  of the objectives  foreseen  (Part 
B of  budget) 

7. 

Financial  impact  of  operations  (Pan  P>  of  budget) 

7.1  Method  of  calculating  lolal  cost  of  operation 

Studies have to be carried  out  in order  to provide  the technical/scientific  basis needed  to  draft 
the regulations  foreseen  under the present  Directive;  they will cover  the different  issues linked 
to  monitoring/modelling  criteria  and  the  measuring  techniques;  14  substances  are  to  be 
covered  within  a  period  of  6  years;  costs  are  estimated  between  ECU  50  000  - 75  000  per 
contract.  A  reserve  of  ECU  50 000  is  foreseen  at  the  em\  of  the  drafting  period  in  order  to 
allow  a  review  of  the  work  carried  oui. 

Information  collected  through  the  Directive  neeô to be assessed,  summarized  and  published. 
Costs  for  that  have  been  estimated  to be on  average  ECU  15 000  for  the annual  information 
and ECU  75 000  for  the three year  report.  The different  reports will  replace and extend  those 
required  under  Directives  80/779/EEC,  85/20.VEEC  and  82/884/EEC.  The  annual 
information  is  foreseen  to  start  in  1997 and  the  three  year  one  in  1999. 

-Ik  -

7.2 

Indicative  schedule  of  commitment  and  payment  appropriations 

Commitments  and  payments  (1000  ECU)  in  constant  money  terms) 

B4-304 
B4-306 

95 
150 

96 
100 

97 
100 
15 

98 
150 
15 

99 
100 
90 

00 
100 
15 

01 

02 

50 
15 

90 

8.  What  anti-fraud  measures  are  planned  in  the  proposal  for  the  operation 

The contracts  between  the  Commission  and  the  parlies  involved  include  clatises  on  anti-fraud 
measures,  controls,  audits,  where  appropriate,  and  the  contractor's  obligations 

Section  2:  Administrative  expenditure 

Titles  Al  and  A2:  expenditure  relating  to  persons  working  with  the  institution. 

Budget  lines  concerned: 

A  250: 
A  2510: 

Meetings  in  general 
Expenditure  on  meetings  of  committees  whose  consultation  is  compulsory  in 
the  procedure  for  drafting  community  legislation. 

1. 

Increase  in  personnel 

The  implementation  of  the  Directive,  unee  adopted,  will  imply  an  increase  of  the  work  for 
drafting  the  regulations,  managing  the  committee,  assessing  the  information  collected  and 
drafting  the  reports. 

1  A-grade  and  1 B-grade  officials  are  needed  in  199b  onwards,  in  order  to  handle  these  new 
tasks 
The  resources  shall  be  found  by  either  internal  reallocations  or  within  the  framework  of  the 
Commission's  decision  on  the  resource  programming. 

Cost  :  2  x  90  000  ECU  =  ISO  000  ECU/ycar 

2. 

Operating  expenses  generated  by  the  action.  (In  1993  prices) 

Budget  line  A  2510 

Travel  expenses  for  governmental 
representatives  to  attend  meetings  of  the  advisory 
Committee.  This  Committee  will  assist  the  Commission  with  the  Scientific  and  technical 
issues  related  to  the  preparation  of  the  subsequent  Acts  on  individual  pollutants  and  with  the 

management  and  evaluation  of  the  information  collected. 

6  meetings  per  year  beginning  in  1995,  after  1998 4  meetings/year 

Cost  6 x 620  ECU/meefmg  x  12 persons  =  44  640  ECU/year  for  3 years  (1995  to  1997) 
4  x 620  ECU/meeting  x  12 persons  =  29  760  ECU/year  after  that  (starting  in  1998) 

Budget  line  A 250: 

Travel expenses for governmental  representatives to attend annual  meeting to disctiss progress 
and  recommendations  of  advisory  Committee. 
2  meeting  per  year,  beginning  in  1990 

Cost  2  x  620  ECU/mecting  \  12  persons  =  14  ^0  ECU/year 

Section  3:  Eléments  of  cost-effect i s en ess. a nal\ sis 

1. 

Objectives  and  coherence  with  the  financial  programme 

For  specific  objectives  see  attached  proposal 

The present  proposal  updates and extends earlier  legislation  on ambient  air qtiality as outlined 
in  the 5th  Action  Programme. 

In order  to protect  human  health  and  to provide  environmental  quality  objectives  needed  for 
the  control  of  emissions  it  is  proposed  to  set  air  quality  objectives  for  a  list  of  substances 
which  are  relevant  lo  both. 

Criteria  are  fixed  for  the assessment  in older  to have a coherent  and  reliable  system.  Limit 
values, alert thresholds,  location  of  monitoring sites,  measurement  methods and other  specific 
criteria  will  be  set  on  a  pollutant  lo  pollutant  basis  through  Acts  under  the  Directive  which 
will  be agreed  by  Council. 

With  regard  to  management,  the  aim  is lo  maintain  the  quality  of  air  and  when  necessary  to 
improve  it.  To  meet  thai  aim  requirements  are  fixed  and  in  cases  where  there  is a need  for 
improvement;  measures  and  plans  ha\c  to  be  designed  and  implemented  by  Member  States 
to  improve  the  situation. 

2. 

Justification  of  the  action 

This  proposal  replaces  and  updates  earlier  legislation  on  ambient  air  quality.  The  range of 
pollutants  covered  will  increase  bin assessment  and  reporting  will  be harmonised,  increasing 
the  efficiency  of  the  evaluation  process. 

The objectives  of  the  Directive  are  fully  m line  with  the  provisions  of  Article  130R  of  the 
Treaty  which  fixed  objectives  including:  preservation,  protection  and  improvement  of  the 
quality of the environment  and  protection  of human  health. The  introduction  of a Community-
wide approach  for  the  assessment  and  management  of  air  quality  contributes  to  these  aims. 

In  the  area  of  health,  the  Community  has  not  sought  to  legislate  for  every  potentially 
detrimental  substance,  but  only  those commonly  present  in the environment  and  known  to be 
in ambient air  at  levels  which  might  be  hazardous.  The ambient  air  quality  objectives  to be 
proposed  will  be  based  on  the  recommendations  of  international.  Community  and  national 
expert  groups  competent  in  this  field. 

The protection  of  health  is one  of  the  mam  motivations  for  action  at  all  levels.  For  ambient 
air  quality  in  particular,  it  is  logical  that  common  ambient  air  quality  objectives  should  be 
established  within  the  Community.  There  is  no  evidence  to  suggest  that  populations  in 
different  parts  of  the  Community  vary  in  their  tolerance  of  air  pollutants. 

With  regard  to  environmental  protection,  the  proposal  aims  at  ensuring  the  protection,  and 
when  necessary,  improvement  of  environmental  resources  in  the  Community. 

3. 

Follow-up  and  evaluation  m  the  operation 

The Directive  will  set  in place a common  framework  by which  air quality  can  be assessed  and 
managed  in  the  European  Community.  Regulations agreed  under  the  Directive  will  establish 
air quality objectives,  criteria  for  location  of monitoring  sites,  measurement  methods,  criteria 
for use of other  techniques of assessment  etc.  Exceedances of air quality  objectives  and  plans 
of  measure  being  taken  lo  improve  air  quality  in  areas  where  it  exceeds  objectives  will  be 
communicated  to  the  Commission  in  standard  form  at  regular  intervals.  This  can  then  be 
compared  and  further  measures  taken  if  nccessarv. 

TV 

IMPACT  ASSESSMENT  FORM 

THE  IMPACT  OE  THE!  PROPOSAI.  ON  BUSINESS 
with  special  reference  to  small  and  medium  sized  enterprises  (SMEs) 

Title  of  Proposal:  Council  Directive  on  Ambient  Air  Quality  Assessment  and  Management 

Reference  Number  (Repertoire): 

1.  Taking  account  of  the  principle  of  subsidiarily,  why  is  Community  legislation  necessary 
in  this  area  and  what  arc  its  main  aims'.' 

Legislation  on  ambient  air  quality  exists  since  1S)80 and  the  most  recent  Directive,  on 
ozone,  was  approved  last  year.  Various  problems  were  encountered  with  the  earlier 
Directives  and  have  demonstrated  the  need  for  a  harmonised  approach  to  the  assessment 
and  management  of  air  pollution  in  the  Community. 

The  objectives  of  the  Directive  are  fully  in  line  with  the  provisions  of  Article  130R  of  the 
Treaty  which  fixed  objectives  including:  preservation,  protection  and  improvement  of  the 
quality  of  the  environment  and  protection  of  human  health.  The  introduction  of  a 
Community-wide  approach  for  the  assessment  and  management  of  air  quality  contributes 
to  these  aims. 

In  the  area  of  health,  the  Community  has  not  sought  to  legislate  for  every  potentially 
detrimental  substance,  but  only  those  commonly  present  in  the  environment  and  known  to 
be  in  ambient  air  at  levels  which  might  be  hazardous.  The  ambient  air  quality  objectives 
to  be  propo.sed  will  be  based  on  Ihe  recommendations  of  international,  Community  and 
national  expert  groups  compétent  in  this  field. 

The  protection  of  health  is  one  of  the  main  motivations  for  action  at  all  levels.  For 
ambient  air  quality  m  particular,  it  is  logical  thai  common  ambient  air  quality  objectives 
should  be  established  within  the  Commimii.y.  There  is  no  evidence  lo  suggest  that 
populations  in  different  parts  ^>\  ihe  Community  \ary  in  their  tolerance  of  air  pollutants. 

With  regard  to  environmental  protection,  the  proposal  aims  at  ensuring  the  protection,  and 
when  necessary,  improvement  ol" environmental  resources  in  the  Community. 

The  present  proposal  is  providing  a  Community-wide  and  harmonised  framework  for 
assessing  and  managing  ambient  air  quality  in  the  future. 

In  order  to  limit  the  impact  of  ihe  actions  resulting  from  the  proposal,  the  requirements  in 
terms  of  assessment  obligations  and  u\  iuipro\emeni  measures  are  different  according  to 
the  severity  of  the  air  pollution.  The  strategy  proposed  allows  the  identification  of  areas 
throughout  the  European  Community  where  the  concentrations  of  pollutants  covered  are 
high  and  where  ihe  efforts  m  terms  of  monitoring  and  of  actions  lo  be  taken  are  more 
important. 

-  S n 

Moreover,  at  the  time  of  setting  the  objectives  for  air  qtiality,  the  existing  situation  with 
regard  to  the  concentrations  will  be  taken  into  account  and  margins  of  exceedance  will  be 
allowed  for  limited  period  of  lime  in  order  for  the  improvement  actions  to  be  implemented 
and to take  effect. 

Finally,  this  strategy  will  provide  a direct  way  of  measuring  the  impact  of  the  measures 
implemented  in  order  to  reduce  the  emissions  of  atmospheric  pollutants. 

The  impact  on  business 

2.  Who  will  be  affected  by  the  proposal? 

The Directive  is  primarily  aiming  at  fixing  quality  objectives  for  the  quality  of  the ambient 
air and at defining  the  rules  for  assessing  the  concentrations  of  air  pollutants;  it also 
imposes  to  Member  slates  to  take  actions  in  order  to  improve  the  air  quality  when  the 
objectives  are  not  fulfilled. 

No  precise  and  direct  requirements  are  foreseen  for  small  and  medium  sized  enterprises; 
these are  not  directly  affected  by  the  present  proposal. 

Sectors 

Not  relevant  (see  above) 

Sizes 

Not  relevant  (see  above) 

Geographical  areas 

Not  relevant  (see  above) 

3.  What  will  businesses  have  lo  do  to comply  with  the  proposal? 

Nothing  directly 

4.  What  economic  effects  is  the  proposaj.J.ike|y_io_hay_e? 

It  is  impossible  to  quantify  the  economic  effects  of  the  proposal  which  provides  a framework  for 
future  action.  It  will  be  left  to  Member  stales  10 decide  the  most  appropriate  improvement 
measures. 

Benefits  are  foreseen  for  health  and  ihe  environment  but  il  is  not  possible  to  assess  them  at the 
present  stage  as  no  precise  objectives  have  yel  been  set. 

V\-

The information  which  will  be  made available  will  allow  optimisation  of  measures  for  reduction of 
emissions. 

5.  Specific  measures  for  S M Es 

None 

6.  Consultation 

Consultation  has taken  place  with  Member  Stales  through  meetings  with  National  Experts and the 
need  for  a new,  more coherent  approach  to improving  air  quality  in  the Community  is 
acknowledged. 

Different  sectors on  industry,  in  particular,  the  motor  and  oil  industries  are aware of  the proposal 
through  meetings  with  Commission  officials  and  welcome  the  introduction  of  legislation  providing 
clear and  planned  requirements  for  assessing  and  managing  ambient  air  quality. 

V(o  .-

ISSN 0254-1475 

COM (94) 109 final 

DOCUMENTS 

EN 

14 

Catalogue number : CB-CO-94-118-EN-C 

ISBN 92-77-67018-5 

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