Re-examined proposal for a COUNCIL DIRECTIVE on AMBIENT AIR QUALITY ASSESSMENT AND MANAGEMENT
Date: 1996-06-24
Institutions: European Commission
Subjects: air quality, atmosphere, environmental policy, environmental protection, physical environment

COMMISSION  OF THE EUROPEAN  COMMUNITIES 

Brussels,  24.06.1996 
COM(96)311  final 

94/0106  (SYN) 

Re-examined  proposal  for  a 

COUNCIL  DIRECTIVE 

on 

AMBIENT AIR  QUALITY 
ASSESSMENT AND MANAGEMENT 

(presented  by the Commission  pursuant  to Article  189 c (d) 
of the EC  Treaty) 

EXPLANATORY  MEMORANDUM 

On 4  July  1994, the Commission adopted  a "Proposal for  a Council Directive on  ambient 
air  quality  assessment  aad  management". 

The  Economic  and  Social  Committee  delivered  its  opinion  on  23  February  1995.2 

Parliament  gave  its  opinion  on  the  first  reading  on  16 June  1995.3 

On  6  July  1995,  the  Commission  adopted  an  amended  proposal,  in  accordance  with 
Article  189a, paragraph  2, of the EC  Treaty.  This amended  proposal  included,  in whole, 
in  part  or  in  principle,  24  of  the  37  proposed  amendments. 

On  30  November  1995,  the  Council  adopted  a  common  position  on  the  Commission's 
amended  proposal. 

Par'lament discussed the Council's common position at a second reading on 22  May  1996 
and  approved  it,  subject  to  23  proposed  amendments. 

The  Commission  has  examined  the  amendments  proposed  by  Parliament  at  its  second 
reading  and  has  included  a  number  of  them  in  this  reexamined  proposal. 

The  Commission's  position  on  each  of  the  amendments  approved  by  Parliament  at  its 
second  reading  is  as  follows: 

Amendments  1,  2  and  3 

These  amendments  require  the  introduction  of  the  "critical  load  concept"  which  was 
developed  in the  context  of  United  Nations  protocols  on  trans-boundary  pollution.  This 
concept  is  applicable  only  to  a very  limited  number  of  substances  (having  an  acidifying 
effect);  it  is  not  appropriate  for  most  of  the  substances  covered  by  the  Directive. 
Furthermore, the impact of acid  depositions largely depends on the types of  soil on  which 
they  occur  and  it varies  greatly  from  one  European  region  to  another.  Accordingly,  this 
concept  appears to fall  outside the scope of the Directive, which deals with  concentrations 
of  pollutants  in the  ambient  air  and  not  with  the  problem  of  depositions.  Moreover,  the 
geographical  variability  of  critical  loads  will  make  it  impossible  to  set  harmonized  limit 
values  throughout  the  European  Union.  Consequently,  these  amendments  are  not 
accepted. 

OJC216,  16.8.1994. 
OJC  110, 2.5.1995, p. 5. 
OJC  116, 3.7.1995, p. 173. 
OJC  28,  13.9.1995, p.  10. 
OJC  59, 28.2.1996, p. 24. 

Amendments  4. 7 (target values). 8 (part 2) and 9 

These amendments seek to generalize the concept of "target values".  This concept, which 
did not appear in the Commission's original proposal, was introduced  during discussions 
at the Council to enable the problem  of air pollution b}  ozone to be tackled in the most 
appropriate  way.  In general, the Directive provides for  two types of value: 

the limit value, which  is legally  binding and which must not be exceeded  in any 
of the  Member  States  after  a certain  date.  If this value  is exceeded,  steps must 
be taken to ensure that  it is complied  with in the  future; 
the alert threshold: if this figure  is exceeded, the general public must be informed. 

Target  values  constitute  long  term  objectives,  and  there  are  no  precise  and  binding 
requirements  that  they  should  be  met.  Experience  has  shown  that  they  were  not 
operative.  Moreover, as in the case of limit values based on objective  criteria for health 
and environmental protection, it is difficult  to understand on what basis such target values 
would be set.  Finally, the introduction of yet more values and value types does not make 
it any  easier to  inform  the general  public  simply  and  comprehensibly. 

The  "target  value"  concept  is  acceptable  only  in  the  case  of  ozone  in  view  of  the 
particular  nature  of  the  problem:  ozone,  being  a  secondary  pollutant,  requires  special 
measures and it is uncertain whether, on the basis of present knowledge, it is possible to 
lay down a limit value which  can be met in the near  future. 

Accordingly, these amendments  are not  accepted. 

Amendments  5 and 12 

On the basis of these amendments, it is proposed to reduce from  250 000 to  100 000 the 
population concentration in excess of which a measurement network must be established, 
and to add a third category  of zones. 

The  Directive  already  lays  down  that  ambient  air  quality  must  be  assessed -  using  a 
whole  range  of  methods -  throughout  the  territory  of  the  Member  States  and  that 
measurement networks must be established  in all zones where concentrations  exceed or 
may  exceed  the  limit values.  In addition,  there  must be a measurement  network  in all 
areas having a population of more than 250 000, whatever the levels of pollution.  This 
system ensures that  concentrations  in the ambient  air will  be assessed everywhere  and, 
in all cases, measured in areas which have a high population density or a high pollution 
level, without  obliging  small towns which have  no pollution problems to  introduce and 
pay  for  an unnecessary  measurement  network. 

Industrial  areas  need  not  be  included  since,  in  most  cases,  they  will  be  zones  within 
which  levels exceed the limit values. 

Accordingly,  these two amendments have not been  included. 

Amendment  6 

This  amendment,  under  which  the  information  collected  pursuant to the  Directive  is to 
be  made  available  to  the public,  is  in  line  with  Community  policy  and  is  consequently 
accepted. 

Amendment  10 

This  amendment  seeks to  set a  time  limit  of  five  years  for  the margin  of  tolerance  for 
limit values.  The purpose of this margin of tolerance is to allow a period of time within 
which  measures  to  reduce  concentrations  and  to  comply  with  limit  values  can  be 
implemented.  This  period  may  well  be  different  for  each  substance,  given  the  levels 
concerned and the more or less complex nature of the measures to be adopted.  Moreover, 
if too short a period is laid down, the limit values may be less rigorously complied with. 

This amendment  is not  accepted. 

Amendments  8 (part  1).  11 and 14 

These  amendments  bring useful  additions  to  the text of the Directive  and  will  enable it 
to be  implemented  more swiftly  and effectively.  They  are therefore  accepted. 

Amendments  7 (timetable),  16,  17.  18,  19, 20, 21  and 22 

These  various  amendments  are  aimed  at  speeding  up the timetable  for  future  directives 
on  benzene  and  carbon  monoxide  and  at  introducing  a  third  list  of  substances  to  be 
considered  in  future. 

The principle  of these amendments  is acceptable,  subject to the following  reservations: 

the  proposed  deadline  cannot  be  met  in  practice:  December  1997  is  the  most 
realistic  date for  the  Commission; 
although  it  is feasible  to consider the possibility of setting quality  objectives  for 
new substances, it is premature  to draw a list of  such substances at present. 

Amendments  13.  15 and 23 

These amendments are not acceptable as they are incompatible with the other provisions 
of the  Directive. 

Reexamined proposal  for  a 

COUNCIL  DIRECTIVE 

on 

AMBIENT AIR  QUALITY 
ASSESSMENT AND MANAGEMENT 

Text of the common  position 

Reexamined  proposal 

Article  3, second paragraph  (new) 

Article  3, second paragraph  (new) 

At  the  same  time  that  thev  supply  it  to 
the  Member  States 
the  Commission, 
the  above 
shall  make 
information 
available 
the  public  bv  every 
to 
appropriate means. 

Article 4 (1) 

1. 
For  those  pollutants  listed  in 
Annex  I, the Commission shall submit to 
the  Council  proposals  for  the  setting  of 
limit  values  and,  as  appropriate,  alert 
thresholds  according  to  the  following 
timetable: 
-  no  later  than  31 December  1996  for 
pollutants  1 to 5 
- 
Directive  92/72/EEC  for  ozone; 
-  no  later  than  31 December  1997  for 
pollutants  7 and  8; 
-  as  soon  as  possible, and  no  later  than 
31 December  1999,  for  pollutants  9  to 
13. 

in  accordance  with  Article  8  of 

Article  4 (1) 

1. 
For  those  pollutants  listed  in 
Annex  I, the Commission shall submit to 
the  Council  proposals  for  the  setting  of 
limit  values  and,  as  appropriate,  alert 
thresholds  according  to  the  following 
timetable: 
-  no  later  than  31 December  1996  for 
pollutants  1 to 5 
- 
Directive  92/72/EEC  for ozone; 

in  accordance  with  Article  8  of 

-  as  soon  as  possible,  and  no  later  than 
31 December  1999,  for  pollutants 7  to. 
13. 

Article  4 (2) 

Article 4 (2) 

shall 

The  Commission 

2. 
be 
responsible,  taking  account  of  the  most 
recent  scientific-research  data  in  the 
epidemiological  fields  concerned  and of 
the  most  recent  advances  in  metrology, 
for  re-examining  the elements  on which 
the  limit  values  and  alert  thresholds 
referred  to in paragraph  1 are based. 

shall 

The  Commission 

be 
2. 
responsible,  taking  account  of  the  most 
recent  scientific-research  data  in  the 
epidemiological and environmental  fields 
the  most  recent 
concerned  and  of 
advances in metrology, for  re-examining 
the  elements  on  which  the  limit  values 
and  alert 
in 
paragraph  1 are based. 

thresholds  referred 

to 

Article  4 (7) 

Article 4 (7) 

When a Member  State intends to 
7. 
set  limit  values  or  alert  thresholds  for 
pollutants not referred  to in Annex  I and 
not  covered  by  Community  provisions 
concerning  ambient  air  quality  in  the 
Community, 
the 
Commission thereof in sufficient  time to 
allow  examination  of  the  need  to  act  at 
Community  level  following  the  criteria 
laid down in Annex  III. 

inform 

shall 

it 

7.  When a Member  State intends to set 
limit  values  or  alert 
thresholds  for 
pollutants not referred to in Annex  I and 
not  covered  by  Community  provisions 
concerning  ambient  air  quality  in  the 
Community, 
the 
Commission  thereof  in  sufficient  time. 
The  Commission  shall  be  required  to 
supply,  in  sufficient  time,  an  answer  to 
the  question  of  the  need  to  act  at 
Community  level  following  the  criteria 
laid  down  in Annex III. 

inform 

shall 

it 

Article  11 (1)  (a) (iii) 

Send  to  the  Commission  the  plans  or 
programmes  referred  to  in  Article  8 (3) 
no  later than  two  years  after  the  end  of 
the  year  during  which  the  levels  were 
observed; 

Annex I 

Pollutants  governed  by  existing 

I. 
ambient  air quality  directives 

Article  11 (1) (a)  (iii) 

Send  to  the  Commission  the  plans  or 
programmes  referred  to  in  Article  8 (3) 
no  later  than  one  year  after  the  end  of 
the  year  during  which  the  levels  were 
observed; 

Annex I 

I.  Pollutants to be studied  at an initial 
stage,  including  pollutants  governed  by 
existing ambient air quality  directives 

II.  Other  air  pollutants 

7.  Benzene 
8.  Polycyclic  aromatic  hydrocarbons 
9.  Carbon monoxide 
10.  Cadmium 
11.  Arsenic 
12.  Nickel 

13.  Mercury 

7.  Benzene 
8.  Carbon  monoxide 
9.  Polycyclic  aromatic  hydrocarbons 
10.  Cadmium 
11.  Arsenic 
12.  Ni 

compounds 

classified 
as 
under  Directive 

carcinogens 
67/548/EEC 

13.  Mercury 

Ï 

ISSN 0254-1475 

COM(96) 311 final 

DOCUMENTS 

EN 

14 

Catalogue  number  :  CB-CO-96-319-EN-C 

ISBN  92-78-05886-6 

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