Amended proposal for a Council Directive relating to limit values for sulphur dioxide, oxides of nitrogen, particulate matter and lead
Date: 1998-07-08
Institutions: European Commission
Subjects: EU environmental policy, atmospheric pollutant, environmental protection, lead, metal pollution

C  259/10

EN

Official  Journal  of  the  European  Communities

18.8.98

Amended  proposal  for  a  Council  Directive  relating  to  limit  values  for  sulphur  dioxide,  oxides  of
nitrogen,  particulate  matter  and  lead(cid:216)(˛)

(98/C  259/04)

(Text  with  EEA  relevance)

COM(1998)  386  final  -  97/0266(SYN)

(Submitted  by  the  Commission  pursuant  to  Article  189a(2)  of  the  EC  Treaty  on  8  July  1998)

(˛)(cid:217)OJ  C  9,  14.1.1998,  p.  6.

ORIGINAL  PROPOSAL

AMENDED  PROPOSAL

Recital  8a

Whereas  account  should  be  taken  of  the  need  to  assess
air  quality  in  tourist  areas  during  the  peak  season;

Recital  6a

Whereas  in  order  to  facilitate  the  review  stage  of  the
Directive  in  2003,  the  Commission  and  Member  States
should  consider  encouraging  research  into  the  effects  of
the  pollutants  referred  to  herein,  namely  sulphur  dioxide,
oxides  of  nitrogen,  particulate  matter  and  lead  under  the
remit  of  the  fifth  framework  research  programme  and
other  research  programmes;

Article  3(1)

Member  States  shall  take  the  necessary  measures  to
ensure  that  concentrations  of  sulphur  dioxide  in  ambient
air,  as  assessed  in  accordance  with  Article  7,  do  not
exceed  the  limit  values  set  out  in  Section  I  of  Annex  I  as
from  the  dates  specified  therein.

Member  States  shall  take  the  necessary  measures  to
ensure  that  concentrations  of  sulphur  dioxide  in  ambient
air,  as  assessed  in  accordance  with  Article  7,  do  not
exceed  the  limit  values  set  out  in  Section  I  of  Annex  I,  as
soon  as  possible  and  in  any  event  no  later  than  the  dates
specified  therein.

The  margins  of  tolerance  set  out  in  Section  I  of  Annex  I
shall  apply  in  accordance  with  Article  8  of  Directive
96/62/EC.

Article  3(3)

Member  States  shall  record  data  on  concentrations  of
sulphur  dioxide  averaged  over  10  minutes 
from
measuring  stations  at  which  hourly  concentrations  are
measured.  Member  States  shall  report  to  the  Commission
the  98th  and  99th  percentile  of  10(cid:220)minute  concentrations
measured  within  the  calendar  year  at  the  same  time  as
data  are  supplied  on  hourly  concentrations.

Member  States  shall,  until  31  December  2003,  record
data  on  concentrations  of  sulphur  dioxide  averaged  over
10  minutes  from  measuring  stations  selected  by  Member
States  to  be  representative  of  air  quality  within  inhabited
areas  close  to  sources.  Member  States  shall  report  to  the
Commission  the  number  of  10(cid:220)minute  concentrations
which  exceed  500(cid:216)mg/m—  within  the  calendar  year,  the
number  of  days  within  the  calendar  year  on  which  this
occurred  and  the  maximum  concentration  recorded  at
the  same  time  as  data  are  supplied  on  hourly  concen(cid:220)
trations.

18.8.98

EN

Official  Journal  of  the  European  Communities

C  259/11

ORIGINAL  PROPOSAL

AMENDED  PROPOSAL

Article  4

Member  States  shall  take  the  necessary  measures  to
ensure  that  concentrations  of  nitrogen  dioxide,  and
where  applicable  of  nitrogen  dioxide  plus  nitric  oxide,  in
ambient  air,  as  assessed  in  accordance  with  Article  7,  do
not  exceed  the  limit  values  set  out  in  Section  I  of  Annex
II  as  from  the  dates  specified  therein.

1.(cid:218)(cid:217)Member  States  shall  take  the  necessary  measures  to
ensure  that  concentrations  of  nitrogen  dioxide,  and
where  applicable  of  nitrogen  dioxide  plus  nitric  oxide,  in
ambient  air,  as  assessed  in  accordance  with  Article  7,  do
not  exceed  the  limit  values  set  out  in  Section  I  of  Annex
II  as  soon  as  possible  and  in  any  event  no  later  than  the
dates  specified  therein.

The  margins  of  tolerance  set  out  in  Section  I  of  Annex  II
shall  apply  in  accordance  with  Article  8  of  Directive
96/62/EC.

The  margins  of  tolerance  set  out  in  Section  I  of  Annex  II
shall  apply  in  accordance  with  Article  8  of  Directive
96/62/EC.

2.(cid:218)(cid:217)The  alert  threshold  for  concentrations  of  nitrogen
dioxide  in  ambient  air  is  set  out  in  Section  II  of  Annex
II.  Details  to  be  supplied  to  the  public  in  accordance
with  Article  10  of  Directive  96/62/EC  shall  include  as  a
minimum  the  items  listed  in  Section  III  of  Annex  I.

Article  5(1)

Member  States  shall  take  the  necessary  measures  to
ensure  that  concentrations  of  PM10  in  ambient  air,  as
assessed  in  accordance  with  Article  7,  do  not  exceed  the
limit  values  set  out  in  Section  I  of  Annex  III  as  from  the
dates  specified  therein.

Member  States  shall  take  the  necessary  measures  to
ensure  that  concentrations  of  PM10  in  ambient  air,  as
assessed  in  accordance  with  Article  7,  do  not  exceed  the
limit  values  set  out  in  Section  I  of  Annex  III  as  soon  as
later  than  the  dates
possible  and 
specified  therein.

in  any  event  no 

Article  8(1)

shall 

steps 

appropriate 

Member  States 
to
take 
disseminate  up(cid:220)to(cid:220)date  information  on  ambient  concen(cid:220)
trations  of 
sulphur  dioxide,  oxides  of  nitrogen,
particulate  matter  and  lead  to  the  public  by  means,  for
example,  of  broadcast  media,  press,  information  screens
or  computer  network  services  and  by  notification  of
appropriate  organisations  such  as  environmental  organi(cid:220)
sations,  consumer  organisations,  organisations  repre(cid:220)
senting  the  interests  of  sensitive  populations  and  other
pertinent  healthcare  bodies.  A  list  of  the  organisations
notified  shall  be  sent  to  the  Commission  at  the  same  time
as  information  transmitted  under  Article  11  of  Directive
96/62/EC.

shall 

steps 

appropriate 

Member  States 
to
take 
disseminate  up(cid:220)to(cid:220)date  information  on  ambient  concen(cid:220)
trations  of 
sulphur  dioxide,  oxides  of  nitrogen,
particulate  matter  and  lead  to  the  public  by  means,  for
example,  of  broadcast  media,  press,  information  screens
or  computer  network  services  and  by  notification  of
appropriate  organisations  such  as  environmental  organi(cid:220)
sations,  consumer  organisations,  organisations  repre(cid:220)
senting  the  interests  of  sensitive  populations  and  other
pertinent  healthcare  bodies.  Information  on  ambient
concentrations  of  sulphur  dioxide,  oxides  of  nitrogen
and  particulate  matter  shall  be  updated  on  an  hourly
basis.  Information  on  ambient  concentrations  of 
lead
shall  be  updated  on  a  three(cid:220)monthly  basis.  A  list  of  the
organisations  notified  shall  be  sent  to  the  Commission
at  the  same  time  as 
information  transmitted  under
Article  11  of  Directive  96/62/EC.

C  259/12

EN

Official  Journal  of  the  European  Communities

18.8.98

ORIGINAL  PROPOSAL

AMENDED  PROPOSAL

Article  8(3a)  (new)

All  information  supplied  to  the  public  and  all  organi(cid:220)
sations  listed  in  Article  8(1)  and  (3)  pursuant  to  Article  8
of  this  Directive  and  information  supplied  to  the  public
pursuant  to  Article  10  of  Directive  96/62/EC  shall  be
clear,  comprehensible  and  accessible  for  their  stated
purpose.

Article  10

to 

shall 

submit 

the  European
The  Commission 
Parliament  and  the  Council  not  later  than  31  December
2003  a  report  based  on  experience  of  the  application  of
this  Directive,  and  in  particular,  on  the  results  of  the
most  recent  scientific  research  concerning  the  effects  on
human  health  of  exposure 
to
different  fractions  of  particulate  matter  and  to  lead,  and
on  progress  achieved 
in  methods  of  measuring  and
otherwise  assessing  concentrations  of  particulate  matter
in  ambient  air  and  the  deposition  of  lead  on  surfaces.

sulphur  dioxide, 

to 

to 

shall 

recent 

submit 

scientific 

the  European
The  Commission 
Parliament  and  the  Council  not  later  than  31  December
2003  a  report  based  on  experience  of  the  application  of
this  Directive.  This  report  will  include  a  review  of  the
provisions  of  this  Directive  in  the  light  of  the  results  of
the  most 
in
particular,  the  effects  on  human  health  of  exposure  to
sulphur  dioxide,  to  different  fractions  of  particulate
matter  and  to  lead,  and  of  technological  developments
including  progress  achieved  in  measuring  and  otherwise
assessing  concentrations  of  particulate  matter  in  ambient
air  and  the  deposition  of  lead  on  surfaces.  The  report
will, 
if  appropriate,  be  accompanied  by  proposals
amending  the  provisions  of  this  Directive.

research  concerning 

3.(cid:217)Limit  value  for  the  protection  of  ecosystems,  to  apply

3.(cid:217)Limit  value  for  the  protection  of  ecosystems.

away  from  the  immediate  vicinity  of  sources.

Annex  I,  Section  I,  point  3

3.(cid:217)Annual  limit  value  for  the  protection  of  vegetation  to
apply  away  from  the  immediate  vicinity  of  sources.

3.(cid:217)Annual  limit  value  for  the  protection  of  vegetation.

Annex  II,  Section  I,  point  3

Annex  II,  Section  Ia  (new)

Alert  threshold  for  nitrogen  dioxide

400(cid:216)mg/m—  measured  over 
three  successive  hours  at
locations  representative  of  air  quality  across  an  entire
zone  or  agglomeration.

18.8.98

EN

Official  Journal  of  the  European  Communities

C  259/13

ORIGINAL  PROPOSAL

AMENDED  PROPOSAL

Annex  II,  Section  Ib  (new)

Minimum  details  to  be  supplied  to  the  public  when  the
alert  threshold  for  nitrogen  dioxide  is  exceeded

Details  to  be  supplied  to  the  public  should  include  as  a
minimum:

-(cid:217)date,  hour  and  place  of  occurrence

-(cid:217)forecasts:

-(cid:217)change  in  concentrations  (improvement,  stabili(cid:220)

sation  or  deterioration)

-(cid:217)geographical  area  concerned

-(cid:217)duration

-(cid:217)type  of  population  potentially 

sensitive 

to 

the

occurrence

-(cid:217)precautions  to  be  taken  by  the  sensitive  population

concerned.

Sampling  points  may  be 
locations  not  in  their  immediate  vicinity.

representative  of 

similar

Sampling  points  should,  where  possible,  also  be  represen(cid:220)
tative  of  similar  locations  not  in  their  immediate  vicinity

Annex  VI,  Section  Ia  paragraph  3

Annex  VI,  Section  Ia  paragraph  4  (new)

Sampling  points  should  also  be  located  on  smaller  islands
or  islands  forming  part  of  an  archipelago.

Annex  VI,  Section  Ib  paragraph  1  and  2  (new)

Sampling  points  targeted  at  the  protection  of  ecosystems
or  other  vegetation  should  be  sited  to  be  representative
of  air  quality  away  from  the 
immediate  vicinity  of
sources  such  as  agglomerations  and  other  built(cid:220)up  areas,
industrial 
installations  and  roads.  As  a  guideline  a
sampling  point  should  be  sited  to  be  representative  of  air
quality  in  a  surrounding  area  of  at  least  1(cid:216)000(cid:216)kmˇ.

Sampling  points  directed  at  the  protection  of  ecosystems
and  other  vegetation  should  be  sited  beyond  20(cid:216)km  from
agglomerations  or  5(cid:216)km  from  another  built(cid:220)up  area  or
industrial  installation  or  major  road.

its  territory  which  the  Member  State
In  zones  on 
concerned 
special
be 
should 
protection,  sampling  points  should  be  sited  with  the  aim
of  achieving  this  special  protection.

considers 

afforded 

C  259/14

EN

Official  Journal  of  the  European  Communities

18.8.98

ORIGINAL  PROPOSAL

AMENDED  PROPOSAL

Annex  VI,  Section  Ib  paragraph  3  (new)

Sampling  points  should  also  be  located  on  smaller  islands
or  islands  forming  part  of  an  archipelago.

Annex  VI,  Section  II,  paragraph  1,  indents  5  to  7

-(cid:217)traffic(cid:220)oriented  samplers  should  be  at  least  25(cid:216)m  from
major  junctions  and  should  be  no  less  than  4(cid:216)m  from
the  centre  of  the  nearest  traffic  lane,

-(cid:217)traffic(cid:220)oriented  samplers  for 

the  measurement  of
NO2 (cid:216)should  be  sited  less  than  5(cid:216)m  from  the  kerb  side,

-(cid:217)in  built(cid:220)up  areas,  traffic(cid:220)oriented  samplers  for  the
measurement  of  particulate  matter  or  lead  should  be
sited  to  be  representative  of  air  quality  close  to  the
building  line.

-(cid:217)traffic(cid:220)oriented  samplers  should  be  at  least  25(cid:216)m  from
major  junctions  and  between  2  and  5(cid:216)m  from  the
nearest  part  of  the  vehicular  carriageway,  or  at  the
building  line  if  closer,  unless  there  is  a  point  at  which
the  population  may  be  directly  or  indirectly  exposed
to  a  higher  concentration  for  a  period  which 
is
significant  in  relation  to  the  averaging  period  of  the
limit  values.

Annex  VII,  Section  Ia.,  before  the  first  line,  new  line

I.(cid:217)Minimum  number  of  sampling  points  for  continuous  measurement  to  assess  compliance  with
limit  values  for  the  protection  of  human  health  and  alert  thresholds  in  zones  and  agglom(cid:220)
erations  where  continuous  measurement  is  the  sole  source  of  information

Population  of  agglomeration
or  zone

If  concentrations  exceed  the
upper  assessment  threshold

If  maximum  concentrations
are  between  the  upper  and
lower  assessment  thresholds

For  SO2,  in  agglomerations
where  maximum
concentrations  are  below  the
lower  assessment  threshold

Z 250(cid:216)000

2

1

Not  applicable

III.(cid:217)Sampling  method  and  reference  method  of  analysing

III. Sampling  method  and  reference  method  of  analysing

the  concentration  of  lead  in  air.

the  concentration  of  lead  in  air.

Annex  IX,  Section  III

(Annex 
3  December  1982  on  lead  in  ambient  air)

to  Council  Directive 

82/884/EEC 

of

The  reference  method  for  sampling  shall  be  the  method
for  PM10  described  in  draft  European  standard  prEN
12341.  The  reference  method  of  analysing  the  concen(cid:220)
tration  of  lead  in  air  is  described  in  the  Annex  to  Council
Directive  82/884/EEC  of  3  December  1982  on  lead  in
ambient  air.