Amended proposal for a COUNCIL DIRECTIVE on AMBIENT AIR QUALITY ASSESSMENT AND MANAGEMENT
Date: 1995-07-06
Institutions: European Commission
Subjects: European Environment Agency, action programme, atmospheric pollutant, environmental protection, pollution control, public health

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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 

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  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 
the 
context of this Directive; 

in 

Recital  15b (new) 

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 
the 
implementation of this Directive may be 
useful  to  the  European  Environment 
Agency and may therefore be transmitted 
to it by the Commission; 

pursuant 

to 

Recital  15c (new) 

the  European  Environment 
Whereas 
Agency  must  be 
the 
involved 
Commission's  work  on  tasks  linked  to 
the implementation  of this Directive  for 
which it is competent. 

in 

Article 4(1) 

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: 

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; 

-  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) 

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 
in 
occasion  of  new  developments 
scientific 
relevant 
epidemiological fields, and new advances 
in measuring techniques. 

research 

the 

in 

Article 4(1 )(c) new 

Article 4(1 )(c) new 

(c)  The  Commission  shall  as  soon  as 
possible, 
and 
procedures 
setting  air  quality 
objectives in relation to other substances 
listed  in Annex 1.3 

examine 
for 

the  need 

Article 4(2)(a) 

Article 4(2)(a) 

(a) the measurement 

(a) the measurement 

the  location  of  the  sampling 
points; 
the  minimum 
sampling points; 
the measuring techniques. 

number 

of 

the  location  of  the  sampling 
points; 
the  minimum 
sampling points; 
the  measuring  and  sampling 
techniques. 

number 

of 

Article 7(1) 

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. 

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 

the  regulations 
to 
measures  subject 
governing  the  operation  of  industrial 
installations,  taking  into  account  the 
forthcoming  directive  on 
integrated 
pollution  prevention  and control. 

Article  7(2) 

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. 

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. 

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) 

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; 

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 

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  ( Q HJ 
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) 

# 

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) 

Annex II, point 5a (new) 

5a Risk assessment methods may also be 
used. 

Annex III, point 6, first indent 

Annex III, point 6, first indent 

Details  of  those  factors  responsible  for 
the excess (transport,  formation) 

Details  of  those  factors  responsible  for 
the 
(including 
(transport 
transfrontier  transporta  formation) 

excess 

ISSN 0254-1475 

COM(95) 312  final 

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