Amended proposal for a COUNCIL DECISION establishing a reciprocal exchange of information and data from networks and individual stations measuring ambient air pollution within the Member States
Date: 1995-11-28
Institutions: European Commission
Subjects: air quality, applied research, disclosure of information, exchange of information, pollution control, statistics

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels,  28.11.1995 
COM(95) 468 final 

94/0194  (SYN) 

Amended  proposal  for  a 

COUNCIL  DECISION 

establishing 

a  reciprocal  exchange  of  information  and  data  from  networks  and  individual  stations 
measuring  ambient  air  pollution  within  the  Member  States 

(presented  by  the  Commission  pursuant  to Article  189 a  (2) 
of  the  EC-Treaty) 

EXPLANATORY  MEMORANDUM 

In  accordance  with  the  first  paragraph  of  Article  130a  of  the  EC  Treaty,  the  Council 
consulted  Parliament  on the  proposal  for  a Decision  establishing  a reciprocal  exchange 
of  information  and  data  from  networks  and  individual  stations  measuring  ambient  air 
pollution  within  the  Member  States  (COM(94)  345  final  - 90/0194  (SYN)).  During  its 
June  1995  plenary  part-session,  the  European  Parliament  approved  11 amendments,  10 
of  which  were  accepted  by the  Commission  either  wholly  or  in  part. 

The  following  comments  relate  to the  various  amendments  approved  and  rejected. 

Amendments  accepted  by the  Commission 

Amendment  18, amending  the title  of the proposal,  simplifies  it while  still covering  the 
objective  of  the  Decision;  in practice, the  new name  will  be  easier  to use. 

Amendments  2, 9 and 20 (first  part) introduce a distinction between the pollutants which 
will  be  covered  by  the  Directives  on  ambient  air  quality,  for  which  the  exchange  of 
information  is compulsory, and those which are not covered  and for  which the exchange 
of  information  is  required  only  to  the  extent  that  these  pollutants  are  measured  in 
Member  States.  However,  the  second  part  of  Amendment  2  is not  accepted  because  it 
refers to an obligation to measure substances at a later stage whereas this Decision covers 
only  the exchange  of  information.  The obligation  to  carry  out measurements  is, or  will 
be,  covered  by the  Ambient  Air  Quality  Directives.  For  the  same  reason,  the  reference 
to  measurements  in the title  of  Amendment  9 is  rejected. 

Amendments  3 and 6 relate to the obligation to make available to the general  public the 
data concerned and the software  which makes it possible to consult the data bases.  These 
amendments are in line with the Commission's  policy on transparency  and public access 
to  information.  However,  to  avoid  setting  up  a  complex  and  costly  system,  the 
Commission  wishes  to  use  simple  means to  achieve  this  end. 

Amendments  19  and  8  (first  part)  amend  the  dates  on  which  the  proposed  legislation 
enters  into  force  and  are  consistent  with  the  present  situation. 

Amendment  7 concerns the preparation  of reports  on the trends in air  quality  within  the 
EU  and  on  the  breaching  of  EU  limits.  The  publication  of  such  data  for  public 
consumption  is  certainly  necessary  and  useful;  nevertheless,  such  publication  must  not 
duplicate  the  work  being  carried  out  pursuant  to  the  Ambient  Air  Quality  Directives, 
which  also  require  reports to  be  drawn up. 

The  principle  of  reviewing  the  system  after  it  has  been  in  place  for  a  certain  time,  as 
proposed  in Amendment  8 (second  part),  is completely justified;  it  enables  a  beneficial 
dynamic process to be initiated.  However, the proposed period  of two years is too  short 
to provide  a proper  overview  of the  situation;  the  Commission  considers  that  five  years 
would  be  a more  appropriate  period. 

Other  amendments  which  have  been  accepted  in  whole  or  in  principle  represent 
operational 
improvements  or  useful  additions  (Amendment  10,  second  part,  and 
Amendment  11). 

Amendment  rejected  by  the  Commission 

Amendment  5 stipulates  that  all  the  measuring  stations  in the  Member  States  must  take 
part  in the  exchange  of  information.  This  does  not  meet  the  objective  of  the  proposal, 
which is to make available a representative body of data. This amendment is unacceptable 
because  it  would  mean  a considerable  and  useless  increase  in  the  amount  of  data  to  be 
transmitted and stored, and there is no guarantee whatsoever that this mass of  information 
would  be used.  In practice, it would mean a duplication  at Community  level  of the  data 
bases which  exist  at national  level. 

In  accordance  with  Article  189a  (2)  of  the  EC  Treaty,  the  Commission  hereby  amends 
as follows  its proposal  for  a Decision  establishing  a reciprocal  exchange  of  information 
and data from networks and individual stations measuring ambient air pollution within the 
Member  States,  so  as to  include  the  accepted  amendments  in  its new  proposal. 

Original  text 

Amended  text 

Amendment  18 
Title 

Proposal  for a Council  Decision 

Proposal  for  a  Council  Decision 

establishing  a  reciprocal  exchange  of 
information  and data from  networks and 
individual  stations  measuring  ambient 
air pollution within  the  Member  States. 

on the measurement  of.  and exchange of 
information  on^ ambient  air  pollution. 

Amendment  2 
Article  2 

The  reciprocal  exchange  shall  cover  the 
pollutants listed in Annex  1  to the extent 
that 
the 
are  measured 
they 
Member  States. 

in 

The  reciprocal  exchange  shall  cover  all 
in  Annex  1. 
listed 
the  pollutants 
Member States shall be obliged to supply 
the  data  and  information  covered  by the 
Ambient Air Quality Directive and listed 
in  Annex  1.1.  Member  States  shall  be 
required  to  supply  data  and  information 
for  the  pollutants  in  Annex  1.2  to  the 
extent  that  they  are  currently  measured 
in Member  States. 

Amendment  3 
Article  4  (2) 

computer 

The  Commission  will  make  available  to 
files 
the  Member  States 
containing 
already 
collected  by 
its  departments  on  the 
subject  and software  enabling them to be 
used  and  updated. 

information 

the 

The Commission  shall make available to 
the  Member  States  and  the  latter  shall 
make  available  to  the  general  public 
computer files containing the  information 
already  collected  by  its  departments  on 
the  subject,  and  software  enabling  them 
to be  used  and  updated. 

(Amendment  19) 
Article  4  (3) 

The Member  States  shall correct,  amend 
and/or supplement that information.  The 
updated  computer  files  shall  be  sent  to 
the  Commission  each year by  1 October 
at  the  latest;  the  first  sending  shall  take 
place  by  1 October  1994. 

The Member  States  shall correct,  amend 
and/or supplement that information.  The 
updated  computer  files  shall  be  sent  to 
the  Commission  each year  by  1 October 
at  the  latest;  the  first  sending  shall  take 
place  on  1 October  1995. 

(Amendment  6) 
Article  5 (6) 

The Commission  shall prepare each year 
a technical report on the results collected 
and 
the 
Member  States the updated "results" data 
base. 

shall  make  available 

to 

shall  make  available 

The Commission  shall prepare each year 
a technical report on the results collected 
and 
the 
Member  States the updated  "results" data 
base.  This  data  shall  be  made  available 
by  the  Member  States  to  the  public  on 
request  using  an  appropriate  medium. 

to 

(Amendment  7) 
Article  5(7a)  (new) 

The Commission  or EEA  shall  prepare a 
general report which Member States shall 
make  available  for  public  consumption 
summarizing 
the  collected  data  and 
outlining the underlying trends in the EU 
for  air  quality.  The  report  shall  also 
contain  a  summary  of  the  information 
gathered 
the 
implementation  of  the  Directives  on 
Ambient  Air  Quality. 

result 

as 

of 

a 

(Amendment  8) 
Article  9 

This  Decision  shall  apply  with  effect 
from  1 October  1994. 

This  Decision  shall  apply  with  effect 
shall  be 
from 
reviewed  five  years  after  this  date. 

1 October  1995. 

It 

(Amendment  9) 
Annex 1.1 

List  of  pollutants  covered  bv  the  Ambient 
Air Quality Directives in respect of which the 
is 
reciprocal  exchange  of 
compulsory. 

information 

POLLUTANT 

AVERAGE 
OVER 

S02 
SPM 
BS 
03 
N02 
NOx 

CO 
Pb 
Cd 
Ni 
As 
QH6 
PAH 

24  h 

24 h 
1 h 
1 h 
1 h 

sulphur  dioxide 
suspended  particulate  matter  24  h 
black  smoke 
ozone 
nitrogen  dioxide 
nitrogen  oxides 
(expressed  in N02  equivalent) 
1 h 
carbon  monoxide 
24  h 
lead 
24 h 
cadmium 
24  h 
nickel 
24 h 
arsenic 
benzene 
24  h 
polyaromatic  hydrocarbons  24 h 
(Benzo-a-Pvrene  (BaP)  as  indicator) 
Fluoride 

List  of  pollutants,  recommended  averaging 
times,  statistical  parameters  and  units  of 
measurement. 

POLLUTANT 

1.  SO,  Sulphur  dioxide 
2.  AF  Strong  acidity 

AVERAGE 
OVER 

24 h 
24 h 

(expressed  in  S 02  equivalent) 

3.  SPM  suspended  particulates 

(total) 
4.  PM10  suspended  part.  (<10^m) 
5.  BS  black  smoke 
6.  03  ozone 
7. NO2  nitrogen  dioxide 
8. MOx  nitrogen  oxides 

24 h 

24 h 

24 h 
1 h 
1 h 
1 h 

(Expressed  in NO* equivalent) 

1 h 
24 h 
24 h 
24 h 
24 h 
24 h 
24 h 
24 h 
24 h 

9.  CO  carbon  monoxide 
10. H2S hydrogen  sulphide 
11.  Pb  lead 
12.  Hg  mercury 
13.  Cd  cadmium 
14.  Ni  nickel 
15.  Cr  chromium 
16.  Mn 
manganese 
17.  As 
arsenic 
18.  CS, 
carbon  disulphide 
19. C6H( 
; benzene 
20.  CJk-CH,  toluene 
21.  aH<CH-CH,  stvrene 
22.  CH,-CH-CN  acrvlonitrile 
23.  HCHO  Formaldehyde 
24.  C2HC13  trichloroethvlene 
25.  CoCl,) tetrachloroethylene 
26.  CH,CL  dichloromethane  24 h 
27.  BaP  benzo(a)pvrene 
28.  PAH poly aromatic  hydrocarbons  24 h 
29.  VC  vinyl  chloride 
30.  COV  (NM) volative  organic 
comp.  (total  non-methane) 
31.  COV  m  vol.  org,  comp.  (total) 
32.  PAN  peroxvacetvl  nitrate 
33.  N-dep.  wet  nitrogen  deposition  1 month 

24 h 
24 h 
24 h 
24 h 
1 h 
24 h 
24 h 

24 h 
1 h 

24 h 
24h 

24 h 

(N  equivalent) 

34.  S-dep.  wet  sulphur  deposition  1 month 

(S  equivalent) 

(Amendment  10) 
Annex 1.2. 
(New) 

List  of  pollutants 
in  respect  of  which 
measurement and the reciprocal exchange are 
required  to the  extent  that they  are  currently 
measured  in Member  States 

POLLUTANT 

AVERAGE 
OVER 

AF  Strong  acidity 
(expressed  in  S02  equivalent) 
PM10  suspended  part.  (<10^m) 
H,S hydrogen  sulphide 
H g  mercury 
Cr  chromium 
Mn  manganese 
CS;  carbon  disulphide 
CA-CTL  toluene 
CJLCH-CH,  styrene 
CH.-CH-CN  acrylonitrile 
HCHO  formaldehyde 
C2HC1? trichloroethylene 
G>Ch  tetrachloroethylene 
CH2C12 dichloromethane 
BaP  benzo(a)pyrene 
VC  vinyl  chloride 
COV  (NM)  volatile  organic 

comp.  (total  non-methane) 
COV  (T)  vol.  org,  comp.  (total) 
PAN  peroxyacetvl  nitrate 
N-dep.  wet  nitrogen  deposition 
(N  equivalent) 
N-dep.  wet  sulphur  deposition 
(S  equivalent) 
Butadienne  averaged  over 

24 h 

24 h 
24 h 
24 h 
24 h 
24 h 
IL 
24 h 
24 h 
24 h 
1 h 
24 h 
24 h 
24 h 
24 h 
24 h 
24h 

24 h 

1 month 

1 month 

24 h 

(Amendment  11) 
Annex  2.  II.2.1.  first  three  indents 

-  Wide  street  with 

Wide  street  with 

heavy volume of traffic  (in excess of 30  000 
vehicles  a dav) 

large volume  of traffic  (in excess of  10 000 
vehicles a day) 

large volume  of traffic  (between  10 000 and 
30 000 vehicles  a day) 

moderate  volume  of traffic  (between  2 000 
and  10 000 vehicles  a day) 

moderate  volume  of  traffic  (between  2 000 
and  10 000 vehicles  a day) 

low  volume  of  traffic  (less  than  2 000 
vehicles  a  day) 

low  volume  of  traffic  (less  than  2 000 
vehicles  a day) 

pedestrian  area 

Narrow  street with 

pedestrian  area 

Narrow  street  with 

heavy volume of traffic  (in excess of  30 000 
vehicles  a dav) 

large volume of traffic  (in excess of  10 000 
vehicles  a day) 

large volume  of traffic  (between  10 000 and 
30  000 vehicles  a day) 

moderate  volume  of traffic  (between  2 000 
and  10 000 vehicles  a day) 

moderate  volume  of  traffic  (between  2 000 
and  10 000 vehicles  a day) 

low  volume  of  traffic  (less  than  2  000 
vehicles  a day) 

low  volume  of  traffic 
vehicles  a day) 

(less  than  2 000 

pedestrian  area 

Canyon  street  with 

pedestrian  area 

Canyon  street  with 

heavy volume of traffic  (in excess of 30  000 
vehicles  a dav) 

large volume  of traffic  (in  excess of  10 000 
vehicles  a day) 

large volume  of traffic  (between  10 000 and 
30  000 vehicles  a day) 

moderate  volume  of traffic  (between  2  000 
and  10 000 vehicles  a day) 

moderate  volume  of  traffic  (between  2 000 
and  10 000 vehicles  a day) 

low  volume  of  traffic  (less  than  2  000 
vehicles  a day) 

low  volume  of  traffic 
vehicles  a day) 

(less  than  2 000 

pedestrian  area 

pedestrian  area 

ISSN 0254-1475 

COM(95) 468  final 

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ISBN 92-77-94127-8 

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