COMMON POSITION (EC) No 57/98 adopted by the Council on 24 September 1998 with a view to adoption of Council Directive 98/.../EC relating to limit values for sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter and lead in ambient air
Date: 1998-09-24
Institutions: Council of the European Union
Subjects: air quality, anhydride, atmospheric pollutant, lead, metal pollution, oxide

23.11.98

EN

Official  Journal  of  the  European  Communities

C 360/99

COMMON  POSITION  (EC)  No  57/98

adopted  by  the  Council  on  24  September  1998

with  a  view  to  adoption  of  Council  Directive  98/. . ./EC  relating  to  limit  values  for  sulphur
dioxide,  nitrogen  dioxide  and  oxides  of  nitrogen,  particulate  matter  and  lead  in  ambient  air

(98/C 360/04)

THE  COUNCIL  OF  THE  EUROPEAN  UNION,

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

Having  regard  to  the  proposal  from  the  Commission (1),

Having regard to the opinion of the Economic and Social
Committee (2),

Acting  in  accordance  with  the  procedure  laid  down  in
Article  189c  of  the  Treaty (3),

(1) Whereas,  on  the  basis  of  principles  enshrined
in  Article  130r  of  the  Treaty,  the  European
Community  programme  of  policy  and  action  in
sustainable
relation 
the  environment  and 
to 
action
fifth 
development 
programme) (4)  envisages  in  particular  amendments
legislation  on  air  pollutants;  whereas  that
to 
programme  recommends 
the  establishment  of
long-term  air-quality  objectives;

environment 

(the 

requirements 

(2) Whereas  Article  129  of  the  Treaty  provides  that
health  protection 
form  a
constituent  part  of  the  Community’s  other  policies;
whereas  Article  3(o)  of  the  Treaty  provides  that
the  activities  of  the  Community  shall  include  a
contribution  to  the  attainment  of  a  high  level  of
health  protection;

shall 

(3) Whereas,  pursuant  to  Article  4(5)  of  Council
Directive  96/62/EC  of  27  September  1996  on
ambient air quality assessment and management (5),
the  Council  is  to  adopt  the  legislation  provided  for
in  paragraph  1  and  the  provisions  laid  down  in
paragraphs  3  and  4  of  the  same  Article;

(1) OJ  C  9,  14.1.1998,  p.  6.
(2) Opinion  delivered  on  29  April  1998  (OJ  C  214,  10.7.1998,

p.  1).

(3) Opinion  of  the  European  Parliament  of  13  May  1998  (OJ
C  167,  1.6.1998,  p.  110),  Council  Common  Position  of
24 September 1998 and Decision of the European Parliament
of  . . .  (not  yet  published  in  the  Official  Journal).

(4) OJ  C  138,  17.5.1993,  p.  5.
(5) OJ  L  296,  21.11.1996,  p.  55.

(4) Whereas the limit values laid down in this Directive
are minimum requirements; whereas, in accordance
with Article 130t of the Treaty, Member States may
maintain  or  introduce  more  stringent  protective
measures;  whereas, 
limit
values  may  be  introduced  to  protect  the  health  of
particularly vulnerable categories of the population,
such  as  children  and  hospital  patients;  whereas  a
Member  State  may  require  that  limit  values  be
attained  before  the  dates 
in  this
Directive;

in  particular,  stricter 

laid  down 

(5) Whereas ecosystems should be protected against the
adverse  effects  of 
sulphur  dioxide;  whereas
vegetation  should  be  protected  against  the  adverse
effects  of  oxides  of  nitrogen;

(6) Whereas  different  types  of  particles  can  have
different  harmful  effects  on  human  health;  whereas
is  evidence  that  risks  to  human  health
there 
associated  with  exposure  to  man-made  particulate
matter  are  higher  than  risks  associated  with
exposure to naturally occurring particles in ambient
air;

(7) Whereas  Directive  96/62/EC  requires  that  action
for  zones  within  which
plans  be  developed 
concentrations  of  pollutants  in  ambient  air  exceed
limit  values  plus  any 
temporary  margins  of
tolerance  applicable  in  order  to  ensure  compliance
with  limit  values  by  the  date  or  dates  laid  down;
whereas  in  so  far  as  they  relate  to  particulate
matter  such  action  plans  and  other  reduction
strategies  should  aim  to  reduce  concentrations  of
fine  particles  as  part  of  the  total  reduction  in
concentrations  of  particulate  matter;

for 

(8) Whereas  Directive  96/62/EC  provides  that  the
numerical  values 
limit  values  and  alert
thresholds  are  to  be  based  on  the  findings  of  work
carried  out  by  international  scientific  groups  active
in  the  field;  whereas  the  Commission  is  to  take
account  of  the  most  recent  scientific  research  data
in  the  epidemiological  and  environmental  fields
concerned  and  of  the  most  recent  advances  in
metrology  for  re-examining  the  elements  on  which
limit  values  and  alert  thresholds  are  based;

C 360/100

EN

Official  Journal  of  the  European  Communities

23.11.98

(9) Whereas  in  order  to  facilitate  the  review  of  this
Directive in 2003 the Commission and the Member
States  should  consider  encouraging  research  into
the  effects  of  the  pollutants  referred  to  herein,
namely  sulphur  dioxide,  nitrogen  dioxide  and
oxides  of  nitrogen,  particulate  matter  and  lead;

— maintain  ambient  air  quality  where  it  is  good  and
improve  it  in  other  cases  with  respect  to  sulphur
dioxide,  nitrogen  dioxide  and  oxides  of  nitrogen,
particulate  matter  and  lead.

(10) Whereas 

standardised 

accurate  measurement
techniques  and  common  criteria  for  the  location  of
measuring  stations  are  an  important  element  in  the
assessment  of  ambient  air  quality  with  a  view  to
obtaining  comparable 
the
Community;

information  across 

(11) Whereas,  in  accordance  with  Article  12(1)  of
Directive  96/62/EC,  the  amendments  necessary  for
adaptation  to  scientific  and  technical  progress  may
relate  solely  to  criteria  and  techniques  for  the
assessment  of  concentrations  of  sulphur  dioxide,
nitrogen dioxide and oxides of nitrogen, particulate
matter  and 
lead  or  detailed  arrangements  for
forwarding  information  to  the  Commission,  and
may not have the effect of modifying limit values or
alert  thresholds  either  directly  or  indirectly;

(12) Whereas  up-to-date  information  on  concentrations
of  sulphur  dioxide,  nitrogen  dioxide  and  oxides  of
nitrogen, particulate matter and lead in ambient air
should  be  readily  available  to  the  public,

HAS  ADOPTED  THIS  DIRECTIVE:

Article  1

Objectives

The  objectives  of  this  Directive  shall  be  to:

— establish 

limit  values  and,  as  appropriate,  alert
thresholds  for  concentrations  of  sulphur  dioxide,
nitrogen  dioxide  and  oxides  of  nitrogen,  particulate
matter  and  lead  in  ambient  air  intended  to  avoid,
prevent  or  reduce  harmful  effects  on  human  health
and  the  environment  as  a  whole,

— assess  concentrations  of  sulphur  dioxide,  nitrogen
dioxide and oxides of nitrogen, particulate matter and
lead  in  ambient  air  on  the  basis  of  common  methods
and criteria,

Article  2

Definitions

For  the  purposes  of  this  Directive:

1.

2.

3.

4.

5.

6.

7.

8.

9.

‘ambient  air’  shall  mean  outdoor  air 
troposphere,  excluding  workplaces;

in 

the

‘pollutant’  shall  mean  any  substance  introduced
directly  or  indirectly  by  man  into  the  ambient  air
and  likely  to  have  harmful  effects  on  human  health
and/or  the  environment  as  a  whole;

‘level’ shall mean the concentration of a pollutant in
ambient  air  or  the  deposition  thereof  on  surfaces  in
a  given  time;

‘assessment’  shall  mean  any  method  used 
to
measure,  calculate,  predict  or  estimate  the  level  of  a
pollutant  in  the  ambient  air;

‘limit  value’  shall  mean  a  level  fixed  on  the  basis  of
scientific  knowledge,  with  the  aim  of  avoiding,
preventing  or  reducing  harmful  effects  on  human
health  and/or  the  environment  as  a  whole,  to  be
attained  within  a  given  period  and  not  to  be
exceeded  once  attained;

‘alert  threshold’  shall  mean  a  level  beyond  which
there  is  a  risk  to  human  health  from  brief  exposure
and  at  which  immediate  steps  shall  be  taken  by  the
Member  States  as  laid  down  in  Directive  96/62/EC;

‘margin  of  tolerance’  shall  mean  the  percentage  of
the limit value by which this value may be exceeded
subject  to  the  conditions  laid  down  in  Directive
96/62/EC;

‘zone’ shall mean part of their territory delimited by
the  Member  States;

‘agglomeration’ shall mean a zone with a population
concentration  in  excess  of  250 000  inhabitants  or,
where  the  population  concentration 
is  250 000
inhabitants  or  less,  a  population  density  per  km2
which  for  the  Member  States  justifies  the  need  for
ambient  air  quality  to  be  assessed  and  managed;

— obtain  adequate  information  on  concentrations  of
sulphur  dioxide,  nitrogen  dioxide  and  oxides  of
nitrogen,  particulate  matter  and  lead  in  ambient  air
and  ensure  that  it  is  made  available  to  the  public,

10.

‘oxides  of  nitrogen’  shall  mean  the  sum  of  nitric
oxide  and  nitrogen  dioxide  added  as  parts  per
billion  and  expressed  as  nitrogen  dioxide 
in
micrograms  per  cubic  metre;

23.11.98

EN

Official  Journal  of  the  European  Communities

C 360/101

11.

‘PM10’  shall  mean  particulate  matter  which  passes
through  a  size-selective  inlet  with  a  50 %  efficiency
cut-off  at  10  µm  aerodynamic  diameter;

12.

‘PM2,5’  shall  mean  particulate  matter  which  passes
through  a  size-selective  inlet  with  a  50 %  efficiency
cut-off  at  2,5  µm  aerodynamic  diameter;

13.

14.

‘upper  assessment  threshold’  shall  mean  a  level
specified in Annex V, below which a combination of
measurements  and  modelling  techniques  may  be
used  to  assess  ambient  air  quality,  in  accordance
with  Article  6(3)  of  Directive  96/62/EC;

‘lower  assessment  threshold’  shall  mean  a  level
specified  in  Annex  V,  below  which  modelling  or
objective estimation techniques alone may be used to
in  accordance  with
assess  ambient  air  quality 
Article  6(4)  of  Directive  96/62/EC;

15.

‘natural  events’  shall  mean  volcanic  eruptions,
seismic  activities,  wild-land  fires,  high-wind  events
or  the  atmospheric  re-suspension  or  transport  of
natural  particles  from  dry  regions;

16.

‘fixed  measurements’  shall  mean  measurements
taken  in  accordance  with  Article  6(5)  of  Directive
96/62/EC.

Article  3

Sulphur  dioxide

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

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

2.
The  alert  threshold  for  concentrations  of  sulphur
dioxide  in  ambient  air  shall  be  that  laid  down  in
Section  II  of  Annex  I.

3.
In  order  to  assist  the  Commission  in  preparing  the
report  provided  for  in  Article  10,  until  31  December
2003 Member States shall, where practicable, record data
on  concentrations  of  sulphur  dioxide  averaged  over  10
minutes from certain measuring stations which they have
selected as representative of air quality in inhabited areas
close  to  sources  and  at  which  hourly  concentrations  are

measured.  At  the  same  time  as  data  are  supplied  on
hourly concentrations in accordance with Article 11(1) of
Directive  96/62/EC.  Member  States  shall  report  to  the
Commission,  for  those  selected  measuring  stations,  the
number  of  10-minute  concentrations  which  have
exceeded  500  µg/m3,  the  number  of  days  within  the
calendar  year  on  which  that  occurred,  the  number  of
those  days  on  which  hourly  concentrations  of  sulphur
dioxide  simultaneously  exceeded  350  µg/m3  and  the
maximum  10-minute  concentration  recorded.

zones 

designate 

States  may 

4. Member 
or
agglomerations  within  which  limit  values  for  sulphur
dioxide as laid down in Section I of Annex I are exceeded
owing  to  concentrations  of  sulphur  dioxide  in  ambient
air  due  to  natural  sources.  Member  States  shall  send  the
Commission  lists  of  any  such  zones  or  agglomerations
together  with  information  on  concentrations  and  sources
of 
the
Commission in accordance with Article 11(1) of Directive
96/62/EC,  Member  States  shall  provide  the  necessary
justification to demonstrate that any exceedances are due
to  natural  sources.

sulphur  dioxide 

therein.  When 

informing 

Within such zones or agglomerations Member States shall
be  obliged  to  implement  action  plans  in  accordance  with
Article  8(3)  of  Directive  96/62/EC  only  where  the  limit
values  laid  down  in  Section  I  of  Annex  I  are  exceeded
owing  to  man-made  emissions.

Article  4

Nitrogen  dioxide  and  oxides  of  nitrogen

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

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

2.
The  alert  threshold  for  concentrations  of  nitrogen
dioxide  in  ambient  air  shall  be  that  laid  down  in
Section  II  of  Annex  II.

Article  5

Particulate  matter

1. Member States shall take the measures necessary to
ensure  that  concentrations  of  PM10  in  ambient  air,  as

C 360/102

EN

Official  Journal  of  the  European  Communities

23.11.98

assessed  in  accordance  with  Article  7,  do  not  exceed  the
limit  values  laid  down  in  Section  I  of  Annex  III  as  from
the  dates  specified  therein.

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

2. Member  States  shall  ensure  that  measuring  stations
to  supply  data  on  concentrations  of  PM2,5  are  installed
and  operated.  Each  Member  State  shall  choose  the
number and the siting of the stations at which PM2,5  is to
be  measured  as  representative  of  concentrations  of  PM2,5
within  that  Member  State.  Where  possible  sampling
points for PM2,5  shall be co-located with sampling points
for  PM10.

Within  nine  months  of  the  end  of  each  year  Member
States  shall  send  the  Commission  the  arithmetic  mean,
the  median,  the  98th  percentile  and  the  maximum
concentration  calculated  from  measurements  of  PM2,5
over  any  24  hours  within  that  year.  The  98th  percentile
shall  be  calculated  in  accordance  with  the  procedure  laid
down  in  Section  4  of  Annex  I  to  Council  Decision
97/101/EC  of  27  January  1997  establishing  a  reciprocal
exchange  of  information  and  data  from  networks  and
individual  stations  measuring  ambient  air  pollution
within  the  Member  States (1).

Action  plans  for  PM10  prepared  in  accordance  with
3.
Article 8 of Directive 96/62/EC and general strategies for
decreasing  concentrations  of  PM10  shall  also  aim  to
reduce  concentrations  of  PM2,5.

shall 

I  of  Annex 

III  are  exceeded  owing 

4. Where  the  limit  values  for  PM10  laid  down  in
Section 
to
concentrations  of  PM10  in  ambient  air  due  to  natural
events  which  result  in  concentrations  significantly  in
excess of normal background levels from natural sources,
Member  States 
in
inform 
accordance  with  Article  11(1)  of  Directive  96/62/EC,
providing  the  necessary  justification  to  demonstrate  that
such exceedances are due to natural events. In such cases,
Member States shall be obliged to implement action plans
in  accordance  with  Article  8(3)  of  Directive  96/62/EC
only  where  the  limit  values  laid  down  in  Section  I  of
Annex  III  are  exceeded  owing  to  causes  other  than
natural events.

the  Commission 

zones 

designate 

States  may 

5. Member 
or
agglomerations within which limit values for PM10  as laid
down  in  Section  I  of  Annex  III  are  exceeded  owing  to
concentrations  of  PM10 
in  ambient  air  due  to  the
resuspension  of  particulates  following  the  winter  sanding
of  roads.  Member  States  shall  send  the  Commission  lists
of  any  such  zones  or  agglomerations  together  with

(1) OJ  L  35,  5.2.1997,  p.  14.

information  on  concentrations  and  sources  of  PM10
therein.  When  informing  the  Commission  in  accordance
with  Article  11(1)  of  Directive  96/62/EC,  Member  States
shall  provide  the  necessary  justification  to  demonstrate
that  any  exceedances  are  due  to  such  resuspended
particulates,  and  that  reasonable  measures  have  been
taken  to  lower  the  concentrations.

Within such zones or agglomerations Member States shall
be  obliged  to  implement  action  plans  in  accordance  with
Article  8(3)  of  Directive  96/62/EC  only  where  the  limit
values  laid  down  in  Section  I  of  Annex  III  are  exceeded
owing  to  PM10  levels  other  than  those  caused  by  winter
road  sanding.

Article  6

Lead

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

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

Article  7

Assessment  of  concentrations

The  upper  and  lower  assessment  thresholds  for
1.
sulphur dioxide, nitrogen dioxide and oxides of nitrogen,
particulate  matter  and  lead  for  the  purposes  of  Article  6
of  Directive  96/62/EC  shall  be  those  laid  down  in
Section  I  of  Annex  V.

The  classification  of  each  zone  or  agglomeration  for  the
purposes  of  the  same  Article  6  shall  be  reviewed  at  least
every  five  years  in  accordance  with  the  procedure  laid
down  in  Section  II  of  Annex  V.  Classification  shall  be
reviewed  earlier  in  the  event  of  significant  changes  in
activities  relevant  to  ambient  concentrations  of  sulphur
dioxide,  nitrogen  oxide  or,  where  relevant,  oxides  of
nitrogen,  particulate  matter  or  lead.

The  criteria 

2.
location  of
for  determining 
sampling  points  for  the  measurement  of  sulphur  dioxide,
nitrogen  dioxide  and  oxides  of  nitrogen,  particulate
matter  and  lead  in  ambient  air  shall  be  those  listed  in
Annex  VI.  The  minimum  number  of  sampling  points  for
fixed  measurements  of  concentrations  of  each  relevant

the 

23.11.98

EN

Official  Journal  of  the  European  Communities

C 360/103

pollutant  shall  be  as  laid  down  in  Annex  VII  and  they
shall  be  installed  in  each  zone  or  agglomeration  within
which  measurement  is  required  if  fixed  measurement  is
the  sole  source  of  data  on  concentrations  within  it.

from 

stations 

fixed  measurement 

For  zones  and  agglomerations  within  which
3.
information 
is
supplemented by information from other sources, such as
emission  inventories,  indicative  measurement  methods
and air-quality modelling, the number of fixed measuring
stations to be installed and the spatial resolution of other
techniques shall be sufficient for the concentrations of air
pollutants  to  be  established  in  accordance  with  Section  I
of  Annex  VI  and  Section  I  of  Annex  VIII.

4.
For  zones  and  agglomerations  within  which
measurement  is  not  required,  modelling  or  objective
estimation  techniques  may  be  used.

5.
The  reference  methods  for  the  analysis  of  sulphur
dioxide,  of  nitrogen  dioxide  and  of  oxides  of  nitrogen
and for the sampling and analysis of lead shall be as laid
down  in  Sections  I  to  III  of  Annex  IX.

particulate matter and lead is routinely made available to
the public as well as to appropriate organisations such as
environmental  organisations,  consumer  organisations,
organisations  representing 
interests  of  sensitive
populations  and  other  relevant  health-care  bodies  by
for  example,  of  broadcast  media,  press,
means, 
information  screens  or  computer-network  services.

the 

Information  on  ambient  concentrations  of  sulphur
dioxide,  nitrogen  dioxide  and  particulate  matter  shall  be
updated  on  at  least  a  daily  basis,  and,  in  the  case  of
hourly  values  for  sulphur  dioxide  and  nitrogen  dioxide,
wherever practicable, information shall be updated on an
hourly  basis.  Information  on  ambient  concentrations  of
lead  shall  be  updated  on  a  three-monthly  basis.

Such  information  shall  at  least  indicate  any  excesses  of
the concentrations in the limit values and alert thresholds
over the averaging periods laid down in Annexes I to IV.
It shall also provide a short assessment in relation to limit
values  and  alert  thresholds  and  appropriate  information
regarding  effects  on  health.

The reference method for the sampling and measurement
of  PM10  shall  be  as  laid  down  in  Section  IV  of
Annex  IX.

2. When making plans or programmes available to the
public  pursuant  to  Article  8(3)  of  Directive  96/62/EC,
Member  States  shall  also  make  them  available  to  the
organisations  referred  to  in  paragraph  1.

The  provisional  reference  method  for  the  sampling  and
measurement of PM2,5  shall be as laid down in Section V
of  Annex  IX.

The  reference  techniques  for  air-quality  modelling  shall
be  as  laid  down  in  Section  VI  of  Annex  IX.

6.
The  date  by  which  Member  States  shall  inform  the
Commission  of  the  methods  they  have  used  for  the
preliminary 
under
Article 11(1)(d) of Directive 96/62/EC shall be 18 months
after  the  entry  into  force  of  this  Directive.

assessment 

quality 

air 

of 

3. When an alert threshold laid down in Annex I or II
is  exceeded,  details  made  available  to  the  public  in
accordance with Article 10 of Directive 96/62/EC shall at
least include the items listed in Section III of the Annex in
question.

4.
Information  made  available  to  the  public  and  to
organisations  under  paragraphs  1  and  3  shall  be  clear,
comprehensible  and  accessible.

7.
Any amendments necessary to adapt this Article and
Annexes V to IX to scientific and technical progress shall
be  adopted  in  accordance  with  the  procedure  laid  down
in  Article  12  of  Directive  96/62/EC.

Article  9

Repeals  and  transitional  arrangements

Article  8

Public  information

1.
Council  Directive  80/779/EEC  of  15  July  1980  on
air-quality  limit  values  and  guide  values  for  sulphur
dioxide  and  suspended  particulates (1)  shall  be  repealed
with effect from . . . (*) except that Article 1, Article 2(1),
Article  3(1),  Article  9,  Article  15  and  Article  16  of
Directive 80/779/EEC and Annexes I, IIIb and IV thereto
shall  be  repealed  with  effect  from  1  January  2005.

1. Member  States 
that  up-to-date
information  on  ambient  concentrations  of  sulphur
dioxide,  nitrogen  dioxide  and  oxides  of  nitrogen,

shall  ensure 

(*) 24  months  after  the  entry  into  force  of  this  Directive.
(1) OJ  L  229,  30.8.1980,  p.  30.

C 360/104

EN

Official  Journal  of  the  European  Communities

23.11.98

Council  Directive  82/884/EEC  of  3  December  1982
2.
on  a  limit  value  for  lead  in  the  air (1)  shall  be  repealed
with  effect  from  . . . (*)  except  that  Article  1,  Article  2,
Article  3(1),  Article  7,  Article  12  and  Article  13  of
Directive  82/884/EEC  shall  be  repealed  with  effect  from
1  January  2005.

suspended  particulate  matter  it  may  continue  to  use  the
guide  values  for  the  protection  of  ecosystems  laid  down
in  Annex  II  to  Directive  80/779/EEC  and  in  Annex  II  to
Directive  85/203/EEC.

Council Directive 85/203/EEC of 7 March 1985 on
3.
air-quality  standards  for  nitrogen  dioxide (2)  shall  be
repealed  with  effect  from  . . . (*)  except  that  Article  1(1),
first  indent,  and  (2),  Article  2,  first  indent,  Article  3(1),
Article 5, Article 9, Article 15 and Article 16 of Directive
85/203/EEC  and  Annex  I  thereto  shall  be  repealed  with
effect  from  1  January  2010.

shall 

From 

States 

. . . (*)  Member 

employ
4.
measurement  stations  and  other  methods  of  air-quality
assessment  that  comply  with  this  Directive  to  assess
concentrations  of  sulphur  dioxide,  nitrogen  dioxide  and
lead  in  ambient  air  to  obtain  data  for  the  purpose  of
demonstrating  compliance  with  the  limit  values  laid
down 
in  Directives  80/779/EEC,  82/884/EEC  and
85/203/EEC until such time as the limit values laid down
in  those  Directives  cease  to  apply.

From 

States  may 

. . . (*)  Member 

5.
employ
measurement  stations  and  other  methods  of  air-quality
assessment  that  comply  with  this  Directive  as  regards
PM10  to  assess  concentrations  of  suspended  particulate
matter for the purpose of demonstrating compliance with
the  limit  values  for  total  suspended  particulates  laid
down  in  Annex  IV  to  Directive  80/779/EEC;  for  the
purpose  of  demonstrating  such  compliance,  however,  the
data  so  collected  shall  be  multiplied  by  a  factor  of  1,2.

6. Member States shall inform the Commission of any
exceedances  of  the  limit  values  laid  down  in  Directives
80/779/EEC, 82/884/EEC and 85/203/EEC, together with
the  values  recorded,  the  reasons  for  each  recorded
instance  and 
to  prevent  any
recurrence, within nine months of the end of each year in
accordance with the procedure laid down in Article 11 of
Directive  96/62/EEC  until  such  time  as  the  limit  values
laid  down  in  those  Directives  cease  to  apply.

the  measures 

taken 

Article  10

Report  and  review

in 

the  experience  acquired 

No  later  than  31  December  2003  the  Commission  shall
submit  to  the  European  Parliament  and  the  Council  a
report  based  on 
the
application  of  this  Directive  and,  in  particular,  on  the
results  of  the  most  recent  scientific  research  concerning
the  effects  on  human  health  and  ecosystems  of  exposure
to  sulphur  dioxide,  nitrogen  dioxide  and  oxides  of
nitrogen,  different  fractions  of  particulate  matter  and
lead,  and  on  technological  developments  including  the
progress achieved in methods of measuring and otherwise
assessing  concentrations  of  particulate  matter  in  ambient
air  and  the  deposition  of  particulate  matter  and  lead  on
surfaces.

With  a  view  to  maintaining  a  high  level  of  protection  of
human  health  and  the  environment  and  taking  into
account the experience acquired in the application of this
Directive  in  Member  States  including,  in  particular,  the
conditions  as  laid  down  in  Annex  VI  under  which
measurement  has  been  carried  out,  the  aforementioned
report  will  be  accompanied  by  proposals  for  the
amendment of this Directive if appropriate. In particular,
the  Commission  will  examine  the  limit  values  for  the
second  stage  for  PM10  with  a  view  to  making  them
mandatory  and  will  consider  confirming  or  altering  the
limit  values  for  the  second  stage  and,  if  appropriate,  for
the  first  stage.  In  addition,  the  Commission  will  give
particular  attention  to  setting  limit  values  for  PM2,5  or
different  fractions  of  particulate  matter,  as  appropriate.
Furthermore  the  Commission  will  examine  the  annual
limit  value  for  the  protection  of  human  health  for
nitrogen dioxide and will make a proposal confirming or
modifying that value. It will also examine the hourly limit
value  for  nitrogen  dioxide  in  the  light  of  World  Health
Organisation  guidelines  and  consider  whether  that  limit
value  should  be  confirmed  or  altered.

In  the  zones  in  which  a  Member  State  considers  it
7.
necessary  to  limit  or  prevent  a  foreseeable  increase  in
pollution  by  sulphur  dioxide,  oxides  of  nitrogen  or

Article  11

Penalties

(*) 24  months  after  the  entry  into  force  of  this  Directive.
(1) OJ  L  378,  31.12.1982,  p.  15.
(2) OJ  L  87,  27.3.1985,  p.  1.

Member  States  shall  determine  the  penalties  applicable
to  breaches  of  the  national  provisions  adopted  pursuant
to  this  Directive.  Those  penalties  shall  be  effective,
proportionate  and  dissuasive.

23.11.98

EN

Official  Journal  of  the  European  Communities

C 360/105

Article  12

Implementation

Article  13

Entry  into  force

1.
The  Member  States  shall  bring  into  force  the  laws,
regulations  and  administrative  provisions  necessary  to
comply  with  this  Directive  by 
. . . (*).  They  shall
forthwith  inform  the  Commission  thereof.

When  the  Member  States  adopt  those  measures,  these
shall  contain  references  to  this  Directive  or  shall  be
accompanied  by  such  references  on  the  occasion  of  their
official  publication.  The  methods  of  making  such
reference  shall  be  laid  down  by  the  Member  States.

2.
The  Member  States  shall  communicate  to  the
Commission  the  texts  of  the  main  provisions  of  national
law  which  they  adopt  in  the  field  covered  by  this
Directive.

This  Directive  shall  enter  into  force  on  the  20th  day
following  its  publication  in  the  Official  Journal  of  the
European  Communities.

Article  14

Addressees

This  Directive  is  addressed  to  the  Member  States.

Done  at  Brussels,  . . .

For  the  Council

The  President

(*) 24  months  after  the  entry  into  force  of  this  Directive.

C 360/106

EN

Official  Journal  of  the  European  Communities

23.11.98

ANNEX  I

LIMIT  VALUES  AND  THE  ALERT  THRESHOLD  FOR  SULPHUR  DIOXIDE

I. LIMIT  VALUES  FOR  SULPHUR  DIOXIDE

Limit values must be expressed in eg/m3. The volume must be standardised at a temperature of 293 °K
and  a  pressure  of  101,3 kPa.

Date  by  which  limit
value  is  to  be  met

1  January  2005

Averaging period

Limit value

Margin  of  tolerance

One  hour

1. Hourly limit
value  for  the
protection  of
human  health

350  eg/m3,  not
to  be  exceeded
more  than  24
times  a  calendar
year

150  eg/m3
(43 %)  on  the
entry  into  force
of  this  Directive,
reducing  on
1  January  . . . (*)
and every
12  months
thereafter  by
equal annual
percentages  to
reach  0 %  by
1  January  2005

2. Daily limit

24  hours

value  for  the
protection  of
human  health

125  eg/m3,  not
to  be  exceeded
more  than  three
times  a  calendar
year

None

1  January  2005

3. Limit value
for  the
protection  of
ecosystems

Calendar year
and winter
(1  October  to
31  March)

20  eg/m3

None

. . . (**)

(*) The  date  will  be  the  first  or  second  1  January  after  the  entry  into  force  of  this  Directive.

(**) 24  months  after  the  entry  into  force  of  this  Directive.

II. ALERT  THRESHOLD  FOR  SULPHUR  DIOXIDE

500 eg/m3  measured over three consecutive hours at locations representative of air quality over at least
100  km2  or  an  entire  zone  or  agglomeration,  whichever  is  the  smaller.

III. MINIMUM  DETAILS  TO  BE  MADE  AVAILABLE  TO  THE  PUBLIC  WHEN  THE  ALERT

THRESHOLD  FOR  SULPHUR  DIOXIDE  IS  EXCEEDED

Details  to  be  made  available  to  the  public  should  include  at  least:

— the  date,  hour  and  place  of  the  occurrence  and  the  reasons  for  the  occurrence,  where  known;

— any  forecasts  of:

— changes  in  concentrations  (improvement,  stabilisation,  or  deterioration),  together  with  the

reasons  for  those  changes;

— the  geographical  area  concerned;

— the  duration  of  the  occurrence;

— the  type  of  population  potentially  sensitive  to  the  occurrence;

— the  precautions  to  be  taken  by  the  sensitive  population  concerned.

23.11.98

EN

Official  Journal  of  the  European  Communities

C 360/107

ANNEX  II

LIMIT  VALUES  FOR  NITROGEN  DIOXIDE  (NO2)  AND  OXIDES  OF  NITROGEN  (NOx)  AND  THE
ALERT  THRESHOLD  FOR  NITROGEN  DIOXIDE

I. LIMIT  VALUES  FOR  NITROGEN  DIOXIDE  AND  OXIDES  OF  NITROGEN

Limit values must be expressed in eg/m3. The volume must be standardised at a temperature of 293 °K
and  a  pressure  of  101,3 kPa.

Date  by  which  limit
value  is  to  be  met

1  January  2010

1  January  2010

Averaging period

Limit value

Margin  of  tolerance

One  hour

1. Hourly limit
value  for  the
protection  of
human  health

200  eg/m3  NO2,
not  to  be
exceeded  more
than  18  times  a
calendar year

Calendar  year

40  eg/m3  NO2

2. Annual limit
value  for  the
protection  of
human  health

50 %  on  the
entry  into  force
of  this  Directive,
reducing  on
1  January  . . . (*)
and every
12  months
thereafter  by
equal annual
percentages  to
reach  0 %  by
1  January  2010

50 %  on  the
entry  into  force
of  this  Directive,
reducing  on
1  January  . . . (*)
and every
12  months
thereafter  by
equal annual
percentages  to
reach  0 %  by
1  January  2010

Calendar  year

30  eg/m3  NOx

None

. . . (**)

3. Annual limit
value  for  the
protection  of
vegetation

(*) The  date  will  be  the  first  or  second  1  January  after  the  entry  into  force  of  this  Directive.

(**) 24  months  after  the  entry  into  force  of  this  Directive.

II. ALERT  THRESHOLD  FOR  NITROGEN  DIOXIDE

400 eg/m3  measured over three consecutive hours at locations representative of air quality over at least
100  km2  or  an  entire  zone  or  agglomeration,  whichever  is  the  smaller.

III. MINIMUM  DETAILS  TO  BE  MADE  AVAILABLE  TO  THE  PUBLIC  WHEN  THE  ALERT

THRESHOLD  FOR  NITROGEN  DIOXIDE  IS  EXCEEDED

Details  to  be  made  available  to  the  public  should  include  at  least:

— the  date,  hour  and  place  of  the  occurrence  and  the  reasons  for  the  occurrence,  where  known;

— any  forecasts  of:

— changes  in  concentrations  (improvement,  stabilisation,  or  deterioration),  together  with  the

reasons  for  those  changes,

— the  geographical  area  concerned,

— the  duration  of  the  occurrence,

— the  type  of  population  potentially  sensitive  to  the  occurrence,

— the  precautions  to  be  taken  by  the  sensitive  population  concerned.

C 360/108

EN

Official  Journal  of  the  European  Communities

23.11.98

ANNEX  III

LIMIT  VALUES  FOR  PARTICULATE  MATTER  (PM10)

Averaging period

Limit value

Margin  of  tolerance

Date  by  which  limit
value  is  to  be  met

24  hours

1. 24-hour  limit
value  for  the
protection  of
human  health

Stage 1

50  eg/m3  PM10,
not  to  be
exceeded  more
than  35  times  a
calendar year

Calendar  year

40  eg/m3  PM10

2. Annual limit
value  for  the
protection  of
human  health

24  hours

Stage 2 (1)

50  eg/m3  PM10,
not  to  be
exceeded  more
than  7  times  a
calendar year

Calendar  year

20  eg/m3  PM10

1. 24-hour  limit
value  for  the
protection  of
human  health

2. Annual limit
value  for  the
protection  of
human  health

1  January  2005

1  January  2005

1  January  2010

1  January  2010

50 %  on  the  entry
into  force  of  this
Directive,
reducing  on
1  January  . . . (*)
and every
12  months
thereafter  by
equal annual
percentages  to
reach  0 %  by
1  January  2005

20 %  on  the  entry
into  force  of  this
Directive,
reducing  on
1  January  . . . (*)
and every
12  months
thereafter  by
equal annual
percentages  to
reach  0 %  by
1  January  2005

To  be  derived
from  data  and  to
be  equivalent  to
the  Stage  1  limit
value

50 %  on
1  January  2005
reducing  every  12
months  thereafter
by  equal  annual
percentages  to
reach  0 %  by
1  January  2010

(*) The  date  will  be  the  first  or  second  1  January  after  the  entry  into  force  of  this  Directive.
(1)

Indicative limit values to be reviewed in the light of further information on health and environmental effects, technical
feasibility  and  experience  in  the  application  of  Stage  1  limit  values  in  the  Member  States.

23.11.98

EN

Official  Journal  of  the  European  Communities

C 360/109

ANNEX  IV

LIMIT  VALUE  FOR  LEAD

Averaging period

Limit value

Margin  of  tolerance

Annual  limit  value
for  the  protection
of  human  health

Calendar  year

0,5  eg/m3 (1)

100%  on  the
entry  into  force  of
this  Directive,
reducing  on
1  January  . . . (*)
and every
12  months
thereafter  by
equal annual
percentages  to
reach  0 %  by
1  January  2005,
or  by
1  January  2010  in
the  immediate
vicinity  of  specific
point  sources,  of
which  the
Commission  must
be  notified

Date  by  which  limit
value  is  to  be  met

1  January  2005,
or  1  January
2010  in  the
immediate vicinity
of  specific
industrial  sources
situated  on  sites
contaminated  by
decades  of
industrial
activities. The
Commission  must
be  notified  of
those  sources  by
. . . (**) (2).  In
such  cases,  the
limit  value  as
from  1  January
2005  will  be
1,0  eg/m3

(*) The  date  will  be  the  first  or  second  1  January  after  the  entry  into  force  of  this  Directive.

(**) 24  months  after  the  entry  into  force  of  this  Directive.
(1) The  process  laid  down  in  Article  10  for  the  review  of  this  Directive  will  include  consideration  of  the  possibility  of
supplementing  or  replacing  the  limit  value  by  a  deposition  limit  value  in  the  immediate  vicinity  of  point  sources.
Such notification must be accompanied by appropriate justification. The area in which higher limit values apply must
not  extend  further  than  1 000  m  from  such  specific  sources.

(2)

C 360/110

EN

Official  Journal  of  the  European  Communities

23.11.98

ANNEX  V

DETERMINATION  OF  REQUIREMENTS  FOR  ASSESSMENT  OF  CONCENTRATIONS  OF
SULPHUR  DIOXIDE,  NITROGEN  DIOXIDE  (NO2)  AND  OXIDES  OF  NITROGEN  (NOx),
PARTICULATE  MATTER  (PM10)  AND  LEAD  IN  AMBIENT  AIR  WITHIN  A  ZONE  OR
AGGLOMERATION

I. UPPER  AND  LOWER  ASSESSMENT  THRESHOLDS

The  following  upper  and  lower  assessment  thresholds  will  apply:

(a) Sulphur  dioxide

Upper  assessment  threshold

Lower  assessment  threshold

Health  protection

Ecosystem  protection

60 %  of  24-hour  limit  value
(75  eg/m3,  not  to  be
exceeded  more  than  three
times  in  any  calendar  year)

40 %  of  24-hour  limit  value
(50  eg/m3,  not  to  be
exceeded  more  than  three
times  in  any  calendar  year)

60 %  of  winter  limit  value
(12  eg/m3)

40 %  of  winter  limit  value
(8  eg/m3)

(b) Nitrogen  dioxide  and  oxides  of  nitrogen

Hourly  limit  value  for  the
protection  of  human
health  (NO2)

Annual  limit  value  for  the
protection  of  human
health  (NO2)

Annual  limit  value  for
the  protection  of
vegetation  (NO2)

Upper  assessment
threshold

Lower  assessment
threshold

70 %  of  limit  value
(140  eg/m3,  not  to
be  exceeded  more
than  18  times  in  any
calendar year)

50 %  of  limit  value
(100  eg/m3,  not  to
be  exceeded  more
than  18  times  in  any
calendar year)

80 %  of  limit  value
(32  eg/m3)

80 %  of  limit  value
(24  eg/m3)

65 %  of  limit  value
(26  eg/m3)

65 %  of  limit  value
(19,5  eg/m3)

(c) Particulate  matter

The  upper  and  lower  assessment  for  PM10  are  to  be  based  on  the  indicative  limit  values  for
1  January  2010.

Upper  assessment  threshold

Lower  assessment  threshold

24-hour  average

Annual average

60 %  of  limit  value
(30  eg/m3,  not  to  be
exceeded  more  than  seven
times  in  any  calendar  year)

40 %  of  limit  value
(20  eg/m3,  not  to  be
exceeded  more  than  seven
times  in  any  calendar  year)

70 %  of  limit  value
(14  eg/m3)

50 %  of  limit  value
(10  eg/m3)

23.11.98

EN

Official  Journal  of  the  European  Communities

C 360/111

(d) Lead

Upper  assessment  threshold

70 %  of  limit  value  (0,35  eg/m3)

Lower  assessment  threshold

50 %  of  limit  value  (0,25  eg/m3)

Annual average

II. DETERMINATION  OF  EXCEEDANCES  OF  UPPER  AND  LOWER  ASSESSMENT  THRESHOLDS

Exceedances  of  upper  and  lower  assessment  thresholds  must  be  determined  on  the  basis  of
concentrations  during  the  previous  five  years  where  sufficient  data  are  available.  An  assessment
threshold  will  be  deemed  to  have  been  exceeded  if  during  those  five  years  the  total  number  of
exceedances  of  the  numerical  concentration  of  the  threshold  is  more  than  three  times  the  number  of
exceedances  allowed  each  year.

Where fewer than five years’ data are available Member States may combine measurement campaigns of
short duration during the period of the year and at locations likely to be typical of the highest pollution
levels  with  results  obtained  from  information  from  emission  inventories  and  modelling  to  determine
exceedances  of  the  upper  and  lower  assessment  thresholds.

C 360/112

EN

Official  Journal  of  the  European  Communities

23.11.98

ANNEX  VI

LOCATION  OF  SAMPLING  POINTS  FOR  THE  MEASUREMENT  OF  SULPHUR  DIOXIDE,
NITROGEN  DIOXIDE  AND  OXIDES  OF  NITROGEN,  PARTICULATE  MATTER  AND  LEAD  IN
AMBIENT  AIR

The  following  considerations  will  apply  to  fixed  measurement:

I. MACRO-SCALE  SITING

(a) Protection  of  human  health

Sampling  points  directed  at  the  protection  of  human  health  should  be  sited:

(i)

to  provide  data  on  the  areas  within  zones  and  agglomerations  where  the  highest
concentrations occur to which the population is likely to be directly or indirectly exposed for
a  period  which  is  significant  in  relation  to  the  averaging  period  of  the  limit  value(s);

(ii)

to  provide  data  on  levels  in  other  areas  within  the  zones  and  agglomerations  which  are
representative  of  the  exposure  of  the  general  population.

Sampling  points  should  in  general  be  sited  to  avoid  measuring  very  small  micro-environments  in
their immediate vicinity. As a guideline, a sampling point should be sited to be representative of air
quality in a surrounding area of no less than 200 m2  at traffic-orientated sites and of several square
kilometres  at  urban-background  sites.

Sampling  points  should  also,  where  possible,  be  representative  of  similar  locations  not  in  their
immediate vicinity.

Account should be taken of the need to locate sampling points on islands, where that is necessary
for  the  protection  of  human  health.

(b) Protection  of  ecosystems  and  vegetation

Sampling  points  targeted  at  the  protection  of  ecosystems  or  vegetation  should  be  sited  more  than
20  kilometres  from  agglomerations  or  more  than  five  kilometres  from  other  built-up  areas,
industrial  installations  or  motorways.  As  a  guideline,  a  sampling  point  should  be  sited  to  be
representative  of  air  quality  in  a  surrounding  area  of  at  least  1 000  km2.  A  Member  State  may
provide for a sampling point to be sited at a lesser distance or to be representative of air quality in
a  less  extended  area,  taking  account  of  geographical  conditions.

Account  should  be  taken  of  the  need  to  assess  air  quality  on  islands.

II. MICRO-SCALE  SITING

The  following  guidelines  should  be  met  as  far  as  practicable:

— the flow around the inlet sampling probe should be unrestricted without any obstructions affecting
the  airflow  in  the  vicinity  of  the  sampler  (normally  some  metres  away  from  buildings,  balconies,
trees, and other obstacles and at least 0,5 m from the nearest building in the case of sampling points
representing  air  quality  at  the  building  line),

— in  general,  the  inlet  sampling  point  should  be  between  1,5  m  (the  breathing  zone)  and  4  m  above
the  ground.  Higher  positions  (up  to  8  m)  may  be  necessary  in  some  circumstances.  Higher  siting
may  also  be  appropriate  if  the  station  is  representative  of  a  large  area,

— the  inlet  probe  should  not  be  positioned  in  the  immediate  vicinity  of  sources  in  order  to  avoid  the

direct  intake  of  emissions  unmixed  with  ambient  air,

— the sampler’s exhaust outlet should be positioned so that recirculation of exhaust air to the sampler

inlet  is  avoided,

23.11.98

EN

Official  Journal  of  the  European  Communities

C 360/113

— location  of  traffic-orientated  samplers:

— for all pollutants, such sampling points should be at least 25 m from the edge af major junctions

and  at  least  4  m  from  the  centre  of  the  nearest  traffic  lane,

— for  nitrogen  dioxide,  inlets  should  be  no  more  than  5  m  from  the  kerbside,

— for  particulate  matter  and  lead,  inlets  should  be  sited  so  as  to  be  representative  of  air  quality

near  to  the  building  line.

The  following  factors  may  also  be  taken  into  account:

— interfering  sources,

— security,

— access,

— availability  of  electrical  power  and  telephone  communications,

— visibility  of  the  site  in  relation  to  its  surroundings,

— safety  of  public  and  operators,

— the  desirability  of  co-locating  sampling  points  for  different  pollutants,

— planning  requirements.

III. DOCUMENTATION  AND  REVIEW  OF  SITE  SELECTION

The  site  selection  procedures  should  be  fully  documented  at  the  classification  stage  by  such  means  as
compass-point  photographs  of  the  surrounding  area  and  a  detailed  map.  Sites  should  be  reviewed  at
regular  intervals  with  repeated  documentation  to  ensure  that  selection  criteria  remain  valid  over  time.

C 360/114

EN

Official  Journal  of  the  European  Communities

23.11.98

ANNEX  VII

CRITERIA  FOR  DETERMINING  MINIMUM  NUMBERS  OF  SAMPLING  POINTS  FOR  FIXED
MEASUREMENT  OF  CONCENTRATIONS  OF  SULPHUR  DIOXIDE  (SO2),  NITROGEN  DIOXIDE
(NO2)  AND  OXIDES  OF  NITROGEN,  PARTICULATE  MATTER  AND  LEAD  IN  AMBIENT  AIR

I. MINIMUM  NUMBER  OF  SAMPLING  POINTS  FOR  FIXED  MEASUREMENT  TO  ASSESS
COMPLIANCE  WITH  LIMIT  VALUES  FOR  THE  PROTECTION  OF  HUMAN  HEALTH  AND
ALERT THRESHOLDS IN ZONES AND AGGLOMERATIONS WHERE FIXED MEASUREMENT IS
THE  SOLE  SOURCE  OF  INFORMATION

(a) Diffuse  sources

Population  of
agglomeration  or  zone
(thousands)

If  concentrations  exceed
the  upper  assessment
threshold

If  maximum
concentrations  are  between
the  upper  and  lower
assessment  thresholds

For  SO2  and  NO2,  in
agglomerations where
maximum  concentrations
are  below  the  lower
assessment  threshold

1

1

1

1

2

2

3

3

4

4

5

Not applicable

1

1

1

1

1

2

2

2

2

3

0  to  250

250  to  499

500  to  749

750  to  999

1 000  to  1 499

1 500  to  1 999

2 000  to  2 749

2 750  to  3 749

3 750  to  4 749

4 750  to  5 999

1

2

2

3

4

5

6

7

8

9

. 6 000

10

For  NO2  and
particulate  matter:  to
inlcude  at  least  one
urban-background
station  and  one
traffic-orientated
station

(b) Point  sources

For the assessment of pollution in the vicinity of point sources, the number of sampling points for
fixed  measurement  should  be  calculated  taking  into  account  emission  densities,  the  likely
distribution  patterns  of  ambient-air  pollution  and  the  potential  exposure  of  the  population.

23.11.98

EN

Official  Journal  of  the  European  Communities

C 360/115

II. MINIMUM  NUMBER  OF  SAMPLING  POINTS  FOR  FIXED  MEASUREMENT  TO  ASSESS
COMPLIANCE  WITH  LIMIT  VALUES  FOR  THE  PROTECTION  OF  ECOSYSTEMS  OR
VEGETATION  IN  ZONES  OTHER  THAN  AGGLOMERATIONS

If  maximum  concentrations  exceed  the  upper
assessment  threshold

If  maximum  concentrations  are  between  the  upper  and
lower  assessment  thresholds

One  station  every  20 000  km2

One  station  every  40 000  km2

In  island  zones  the  number  of  sampling  points  for  fixed  measurement  should  be  calculated  taking  into
account  the  likely  distribution  patterns  of  ambient-air  pollution  and  the  potential  exposure  of
ecosystems  or  vegetation.

C 360/116

EN

Official  Journal  of  the  European  Communities

23.11.98

ANNEX  VIII

DATA-QUALITY  OBJECTIVES  AND  COMPILATION  OF  RESULTS  OF  AIR-QUALITY
ASSESSMENT

I. DATA-QUALITY  OBJECTIVES

The  following  data-quality  objectives  for  the  required  accuracy  of  assessment  methods,  of  minimum
time  coverage  and  of  data  capture  of  measurement  are  laid  down  to  guide  quality-assurance
programmes:

Sulphur  dioxide,  nitrogen  dioxide
and  oxides  of  nitrogen

Particulate  matter  and  lead

Continuous  measurement

Accuracy

Minimum  data  capture

Indicative measurement

Accuracy

Minimum  data  capture

Minimum  time  coverage

15 %

90 %

25 %

90 %

25 %

90 %

50 %

90 %

random, 

(one  measurement  a
14 % 
week 
evenly
at 
distributed  over  the  year,  or
eight  weeks  evenly  distributed
over  the  year)

random, 

(one  measurement  a
14 % 
week 
evenly
at 
distributed  over  the  year,  or
eight  weeks  evenly  distributed
over  the  year)

Modelling

Accuracy

Hourly averages

50  to  60 %

Daily averages

Annual averages

Objective estimation

Accuracy

50 %

30 %

75 %

Not  defined  at  present (1)

50 %

100 %

(1) Any  amendment  necessary  to  adapt  this  point  to  scientific  and  technical  progress  will  be  adopted  in  accordance

with  the  procedure  laid  down  in  Article  12(2)  of  Directive  96/62/EC.

The accuracy of the measurement is defined as laid down in the ‘Guide to Expression of Uncertainty of
Measurements’  (ISO  1993)  or  in  ISO  5725-1  ‘Accuracy  (trueness  and  precision)  of  measurement
methods  and  results’  (1994).  The  percentages  in  the  table  are  given  for  individual  measurements
averaged,  over  the  period  considered,  by  the  limit  value,  for  a  95 %  confidence  interval  (bias  and  two
times  the  standard  deviation).  The  accuracy  for  continuous  measurements  should  be  interpreted  as
being  applicable  in  the  region  of  the  appropriate  limit  value.

The  accuracy  for  modelling  and  objective  estimation  is  defined  as  the  maximum  deviation  of  the
measured  and  calculated  concentration  levels,  over  the  period  considered  by  the  limit  value,  without
taking  into  account  the  timing  of  the  events.

The requirements for minimum data capture and time coverage do not include losses of data due to the
regular  calibration  or  the  normal  maintenance  of  the  instrumentation.

By  way  of  derogation,  Member  States  may  apply  random  measurements  instead  of  continuous
measurements for particulate matter and lead if they can demonstrate to the Commission that accuracy
within  the  95 %  confidence  interval  with  respect  to  continuous  monitoring  is  within  10 %.  Random
sampling  must  be  spread  evenly  over  the  year.

23.11.98

EN

Official  Journal  of  the  European  Communities

C 360/117

II. RESULTS  OF  AIR-QUALITY  ASSESSMENT

The following information should be compiled for zones or agglomerations within which sources other
than measurement are employed to supplement information from measurement or as the sole means of
air-quality assessment:

— a  description  of  assessment  activities  carried  out,

— the  specific  methods  used,  with  references  to  descriptions  of  the  method,

— the  sources  of  data  and  information,

— a description of results, including accuracies and, in particular, the extent of any area or, if relevant,
the length of road within the zone or agglomeration over which concentrations exceed limit value(s)
or,  as  may  be,  limit  value(s)  plus  applicable  margin(s)  of  tolerance  and  of  any  areas  within  which
concentrations  exceed  the  upper  assessment  threshold  or  the  lower  assessment  threshold,

— for  limit  values  the  object  of  which  is  the  protection  of  human  health,  the  population  potentially

exposed  to  concentrations  in  excess  of  the  limit  value.

Where  possible,  Member  States  should  compile  maps  showing  concentration  distributions  within  each
zone  and  agglomeration.

III. STANDARDISATION

For  sulphur  dioxide  and  oxides  of  nitrogen  the  volume  must  be  standardised  at  a  temperature  of
293 °K  and  a  pressure  of  101,3  kPa.

C 360/118

EN

Official  Journal  of  the  European  Communities

23.11.98

ANNEX  IX

REFERENCE  METHODS  FOR  ASSESSMENT  OF  CONCENTRATIONS  OF  SULPHUR  DIOXIDE,
NITROGEN  DIOXIDE  AND  OXIDES  OF  NITROGEN,  PARTICULATE  MATTER  (PM10  AND  PM2,5)
AND  LEAD

I. REFERENCE  METHOD  FOR  THE  ANALYSIS  OF  SULPHUR  DIOXIDE

ISO/FDIS  10498  (Standard  in  draft)  ambient  air  —  determination  of  sulphur  dioxide  —  ultraviolet
fluorescence  method.

A  Member  State  may  use  any  other  method  which  it  can  demonstrate  gives  results  equivalent  to  the
above  method.

II. REFERENCE  METHOD  FOR  THE  ANALYSIS  OF  NITROGEN  DIOXIDE  AND  OXIDES  OF

NITROGEN

ISO  7996:  1985  ambient  air  —  determination  of  the  mass  concentrations  of  nitrogen  oxides  —
chemiluminescence  method.

A  Member  State  may  use  any  other  method  which  it  can  demonstrate  gives  results  equivalent  to  the
above  method.

III. A. Reference  method  for  the  sampling  of  lead

The  reference  method  for  the  sampling  of  lead  will  be  that  described  in  the  Annex  to  Directive
82/884/EEC until such time as the limit value in Annex IV to this Directive is to be met, when the
reference  method  will  be  that  for  PM10  as  laid  down  in  Section  IV  of  this  Annex.

A Member State may use any other method which it can demonstrate gives results equivalent to the
above  method.

B. Reference  method  for  the  analysis  of  lead

ISO  9855:  1993  ambient  air  —  determination  of  the  particulate  lead  content  of  aerosols  collected
in  filters.  Atomic  absorption  spectroscopy  method.

A Member State may use any other method which it can demonstrate gives results equivalent to the
above  method.

IV. REFERENCE  METHOD  FOR  THE  SAMPLING  AND  MEASUREMENT  OF  PM10

The reference method for the sampling and measurement of PM10  will be that described in prEN 12341
‘Air  quality  —  field  test  procedure  to  demonstrate  reference  equivalence  of  sampling  methods  for  the
PM10  fraction of particulate matter’. The measurement principle is based on the collection on a filter of
the  PM10  fraction  of  ambient  particulate  matter  and  the  gravimetric  mass  determination.

A  Member  State  may  use  any  other  method  which  it  can  demonstrate  gives  results  equivalent  to  the
above  method  or  any  other  method  which  the  Member  State  concerned  can  demonstrate  displays  a
consistent relationship to the reference method. In that event the results achieved by that method must
be corrected by a relevant factor to produce results equivalent to those that would have been achieved
by  using  the  reference  method.

Each  Member  State  must  inform  the  Commission  of  the  method  used  to  sample  and  measure  PM10.
The  Commission  must  as  soon  as  possible  carry  out  intercomparison  exercises  for  PM10  sampling and
measurement  methods  in  order  to  provide  information  for  the  review  of  this  Directive  in  accordance
with  Article  10.

23.11.98

EN

Official  Journal  of  the  European  Communities

C 360/119

V. PROVISIONAL  REFERENCE  METHOD  FOR  THE  SAMPLING  AND  MEASUREMENT  OF  PM2,5

The  Commission  will  produce  guidelines,  in  consultation  with  the  committee  referred  to  in  Article  12
of  Directive  96/62/EC,  for  an  appropriate  provisional  reference  method  for  the  sampling  and
assessment  of  PM2,5  by  . . . (*).

A  Member  State  may  use  any  other  method  which  it  considers  suitable.

Each  Member  State  must  inform  the  Commission  of  the  method  used  to  sample  and  measure  PM2,5.
The Commission must as soon as possible carry out intercomparison exercises for PM2,5  sampling and
measurement  methods  in  order  to  provide  information  for  the  review  of  this  Directive  in  accordance
with  Article  10.

VI. REFERENCE  MODELLING  TECHNIQUES

Reference modelling techniques cannot be specified at present. Any amendments to adapt this point to
scientific  and  technical  progress  must  be  adopted  in  accordance  with  the  procedure  laid  down  in
Article  12(2)  of  Directive  96/62/EC.

(*) 24  months  after  the  entry  into  force  of  this  Directive.

C 360/120

EN

Official  Journal  of  the  European  Communities

23.11.98

STATEMENT  OF  THE  COUNCIL’S  REASONS

I.

INTRODUCTION

1. On  21  November  1997,  the  Commission  forwarded  to  the  Council  a  proposal  relating
to  limit  values  for  sulphur  dioxide,  oxides  of  nitrogen,  particulate  matter  and  lead  in
ambient  air,  based  on  Article  130s  (1)  of  the  EC  Treaty (1).

2. The  Economic  and  Social  Committee  and  the  European  Parliament  delivered  their

opinions  on  29  April  1998 (2)  and  on  13  May  1998 (3),  respectively.

3. On  9  July  1998,  the  Commission  forwarded  an  amended  proposal (4)  to  the  Council.

4. On  24  September  1998,  the  Council  adopted  its  common  position  in  accordance  with

Article  189c  of  the  Treaty.

II. OBJECTIVE

In  accordance  with  the  provisions  of  the  1996  framework  Directive  on  ambient  air
quality (5),  the  above  proposal,  with  regard  to  sulphur  dioxide,  oxides  of  nitrogen,
particulate  matter  and  lead  in  ambient  air,  aims  at  setting  out  limit  values  and,  as
appropriate, alert thresholds designed to avoid, prevent or reduce harmful effects on human
health  and  the  environment;  at  assessing  concentrations  on  the  basis  of  common  methods
and criteria; at obtaining adequate information and ensuring that it is made available to the
public  and  at  maintaining  ambient  air  quality  where  it  is  good  and  improving  it  in  other
cases.

III. ANALYSIS  OF  THE  COMMON  POSITION

A. Amended  Commission  proposal

The  Council  adopted  in  full  or  in  part,  and  occasionally  in  spirit,  21  amendments
proposed  by  the  European  Parliament,  of  which  three  were  originally  rejected  by  the
Commission (5).

The  latter  amendments  regard  the  deletion  of  the  public  information  indicators
(Amendments  11  and  27),  as  well  as  the  provisions  for  time-limited  derogations  in
respect of lead in certain areas to take account of specific circumstances (Amendment 8
—  see  Annex  IV).

B. Amendments  accepted  by  the  Commission  but  not  included  in  the  common  position

Amendment  2  (need  to  assess  air  quality  in  tourist  areas  during  the  peak  season)

This  amendment  was  considered  not  appropriate  since  a  ‘whereas’  clause  as  proposed
would  have  no  corresponding  provision  in  the  Articles,  and  since  provisions  for
measurements,  which  apply  irrespective  of  the  season,  are  deemed  sufficient  to  reflect
the  situation  in  peak  tourist  seasons.

(1) OJ  C  9,  14.1.1998,  p.  6.
(2) OJ  C  214,  10.7.1998,  p.  1.
(3) OJ  C  167,  1.6.1998,  p.  110.
(4) Directive  96/62/EC  (OJ  L  296,  21.11.1996,  p.  55).
(5) While  sharing  the  Commission’s  formal  reasoning  that  Amendment  13  would  not  be  appropriate  for
inclusion in the enacting terms of the Directive, the Council did emphasise the importance of research in
this  context.

23.11.98

EN

Official  Journal  of  the  European  Communities

C 360/121

C. Main  changes  or  innovations  introduced  by  the  Council

1. Preamble

The  preamble  was  rearranged  and  streamlined,  where  it  did  not  bring  additional
information  or  explanation  of  subsequent  Articles. 

Additional  ‘whereas’  clauses  were  inserted  to  stress  that  those  of  the  Directive
are  minimum  requirements  (see  fourth  and  in  particular  fifth  ‘whereas’,  which
is  meant  to  reflect  the  spirit  of  the  European  Parliament’s  Amendments  3,  5
and  6).

The  penultimate  ‘whereas’  clause,  which  was  also  added  by  the  Council,  stresses
that  adaptations  via  the  committee’s  procedure  cannot  have  the  effect  of
weakening  the  limit  values  or  alert  threshold  (the  same  intention  was  behind
Parliament’s  Amendment  9).

2. Definitions  (Article  2)

Definitions  4  and  5  were  made  more  user-friendly.

Definition  6  was  introduced  in  connection  with  new  provisions  (see  point  3).

Definition  7  was  introduced  to  clarify  subsequent  provisions.

3. Special  circumstances  (Article  3(4),  Article  5(4)  and  (5))

The  Council  recognised  that  in  some  Member  States  special,  non-controllable,
circumstances  —  such  as  natural  events  or  specific  climatic/geographic  conditions
— could lead to limit values being exceeded. It agreed therefore that, in such cases,
Member  States  would  be  under  the  obligation  to  intervene  only  in  respect  of
exceedances  not  due  to  those  special  circumstances,  provided  that  they  make
available  to  the  Commission  the  necessary  justification.

4.

Information  to  the  public  (Article  8)

The  Council  reformulated  and  assembled  in  a  clearer  and  more  consistent  way
provisions  to  inform  the  public.  It  agreed  to  cancel  the  obligation  to  send  to  the
Commission the list of organisations notified, which would impose an unnecessary
burden  on  Member  States.

5. Repeals  and  transitional  arrangements  (Article  9)

The  Council  brought  some  technical  modifications  to  this  Article,  with  a  view  to
avoiding  possible  double-reporting  obligations  during  the  transitional  period.

6. Review  (Article  10)

The  Council  strengthened  the  newly  introduced  review  clause  by  specifically
indicating  the  main  points  which  should  be  covered  (limit  values  for  all  kinds  of
particulates, and for nitrogen dioxide). It also stressed that the review should take
into  account  the  latest  scientific  research  or  experience  in  the  implementation  of
the  Directive,  and  especially  in  the  application  of  the  criteria  for  measurements.

7. Date  of  implementation  (Article  12)

Given  the  effort  which  the  Directive  will  require  especially  from  some  Member
States,  the  Council  agreed  on  a  period  of  two  years  after  entry  into  force.

C 360/122

EN

Official  Journal  of  the  European  Communities

23.11.98

8. Alert  threshold  for  sulphur  dioxide  (Annex  I,  Section  II)

The  Council  agreed  on  a  500  eg/m3  alert  threshold.  It  considered  that  the
threshold  of  350  eg/m3  proposed  by  the  Commission  —  based  on  the  tests  of
exposure  of  particularly  sensitive  categories  of  the  population  whilst  exercising  —
was  likely  to  induce  unjustified  alarm  in  the  general  population.

9. Possible  exceedances  of  the  hourly  limit  value  for  NO2  (Annex  II)

The  Council  raised  the  number  of  possible  exceedances  to  18  per  year,  given  in
particular  the  difficulties  to  meet  the  limit  values  associated  with  specific  climatic
conditions.  This  point  is  among  those  to  be  specifically  addressed  in  connection
with  the  review  (see  point  6).

10. Limit  values  for  particulate  matter  (Annex  III)

The  Council  recognised  the  large  scientific  uncertainty  associated  with  this
substance,  as  well  as  the  lack  of  extensive  practical  experience  in  emission
reductions.

It  agreed  therefore,

— to render less severe the limit values for PM10  to be met by 2005 (35 instead of
25 exceedances for the daily value; 40 eg/m3  instead of 30 for the annual limit
value)

— to  set  only  indicative  limit  values  for  PM10  as  regards  the  second  stage  to  be

implemented  by  2010

— not  to  include  at  this  stage  provisions  relating  to  PM2,5,

on  the  understanding  that  the  review  scheduled  for  2003  would  specifically
address  these  points  (see  point  6).

11. Reference  methods  (Annex  IX)

In  the  absence  of  internationally  agreed  standards,  the  Council  agreed  on  a
reference  method  to  be  used  for  sampling  and  measurement  of  PM10,  and  on  a
provisional reference method for PM2,5, on the understanding that the Commission
will  carry  out  intercomparison  exercises  in  order  to  provide  information  for  a
review  of  those  two  methods.

*

*

*

The  Commission  has  agreed  to  the  amendments  made  by  Council.