Common Position (EC) No 29/2000 of 10 April 2000 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to adopting a Directive of the European Parliament and of the Council relating to limit values for benzene and carbon monoxide in ambient air
Date: 2000-04-10
Institutions: Council of the European Union
Subjects: atmospheric pollutant, environmental protection, hydrocarbon, pollution control, public health

11.7.2000

EN

Official Journal of the European Communities

C 195/1

I

(Information)

COUNCIL

COMMON POSITION (EC) No 29/2000

adopted by the Council on 10 April 2000

with a view to adopting Directive 2000/(cid:133)/EC of the European Parliament and of the Council of
(cid:133) relating to limit values for benzene and carbon monoxide in ambient air

(2000/C 195/01)

THE EUROPEAN PARLIAMENT AND THE
COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 175(1) thereof,

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

Having regard to the opinion of
Committee (2),

the Economic and Social

After consultation of the Committee of the Regions,

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

Whereas:

(1)

supplemented

On the basis of principles enshrined in Article 174 of
the European Community programme of
the Treaty,
policy and action in relation to the environment and
sustainable development (the Fifth Environment Action
Programme) (4),
No
2179/98/EC (5) on its review, envisages in particular
to legislation on air pollutants. That
amendments
programme recommends the establishment of long-term
objectives on air quality. Article 174 of
the Treaty
requires the precautionary principle to be applied in
relation to the protection of human health and the
environment.

Decision

by

(2)

(3)

(4)

(5)

Article 152 of the Treaty provides that health-protection
requirements are to form a constituent part of
the
Community’s other policies. Article 3(1)(p) of the Treaty
provides that the activities of the Community are to
include a contribution to the attainment of a high level
of health protection.

Pursuant to Article 4(5) of Council Directive 96/62/EC
of 27 September 1996 on ambient
air quality
assessment and management (6), the Council is to adopt
the legislation provided for in paragraph 1 as well as
the provisions laid down in paragraphs 3 and 4 of that
Article.

that

Directive 96/62/EC requires
action plans be
developed for zones within which 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 dates laid
down.

Directive 96/62/EC provides that the numerical values
for limit values are to be based on the findings of work
carried out by international scientific groups active in
the field. The Commission is to take account of the
most
the
epidemiological and environmental fields concerned and
for
of
re-examining the elements on which limit values are
based.

in metrology

the most

advances

scientific

research

recent

recent

data

in

(1) OJ C 53, 24.2.1999, p. 8.
(2) OJ C 138, 18.5.1999, p. 42.
(3) Opinion of the European Parliament of 2 December 1999 (not yet
published in the Official Journal), Council Common Position of 10
April 2000 and Decision of the European Parliament of (cid:133) (not net
published in the Official Journal).

(4) OJ C 138, 17.5.1993, p. 5.
(5) OJ L 275, 10.10.1998, p. 1.

(6)

The measures necessary for the implementation of this
Directive should be adopted in accordance with Council

(6) OJ L 296, 21.11.1996, p. 55.

C 195/2

EN

Official Journal of the European Communities

11.7.2000

Decision 1999/468/EC of 28 June 1999 laying down
the procedures for the exercise of implementing powers
conferred on the Commission (1).

HAVE ADOPTED THIS DIRECTIVE:

(7)

(8)

for

The amendments necessary for adaptation to scientific
and technical progress may relate solely to criteria and
techniques
the assessment of concentrations of
benzene and carbon monoxide or detailed arrangements
for forwarding information to the Commission, and
may not have the effect of modifying limit values either
directly or indirectly.

The limit values
laid down in this Directive are
minimum requirements; in accordance with Article 176
of the Treaty, Member States may maintain or introduce
more stringent protective measures; in particular, stricter
limit values may be introduced to protect the health of
particularly vulnerable categories of
the population,
such as children and hospital patients. A Member State
may require that
limit values be attained before the
dates laid down in this Directive.

(9)

Benzene is a human genotoxic carcinogen and there is
no identifiable threshold below which there is no risk to
human health.

(10) However, when limit values for benzene as set by this
Directive are difficult to achieve because of site-specific
dispersion characteristics or relevant climatic conditions
and if the application of the measures would result in
severe socio-economic problems, Member States may
ask the Commission for one time-limited extension
under specific conditions.

(11)

(12)

In order to facilitate the review of
this Directive in
2004, the Commission and the Member States should
consider
effects of
encouraging research into the
benzene and carbon monoxide.

Standardised accurate measurement
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
information across the Community.

techniques

(13)

Information on concentrations of benzene and carbon
monoxide should be forwarded to the Commission as a
basis for regular reports.

(14) Up-to-date information on concentrations of benzene
and carbon monoxide in ambient air should be readily
available to the public,

(1) OJ L 184, 17.7.1999, p. 23.

Article 1

Objectives

The objectives of this Directive shall be to:

(a) establish limit values for concentrations of benzene and
carbon monoxide in ambient air intended to avoid, prevent
or
reduce harmful effects on human health and the
environment as a whole;

(b) assess concentrations of benzene and carbon monoxide in
ambient air on the basis of common methods and criteria;

(c) obtain adequate information on concentrations of benzene
and carbon monoxide in ambient air and ensure that it is
made available to the public;

(d) maintain ambient air quality where it is good and improve
to benzene and carbon

in other cases with respect

it
monoxide.

Article 2

Definitions

The definitions in Article 2 of Directive 96/62/EC shall apply.

For the purposes of this Directive:

(a)

(cid:145)upper assessment threshold(cid:146) shall mean a level specified in
Annex III, 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;

(b)

(cid:145)lower assessment threshold(cid:146) shall mean a level specified in
Annex III, below which modelling or objective estimation
techniques alone may be used to assess ambient air quality
in accordance with Article 6(4) of Directive 96/62/EC;

(c)

(cid:145)fixed measurements(cid:146) shall mean measurements taken in
accordance with Article 6(5) of Directive 96/62/EC.

Article 3

Benzene

1. Member States shall
take the measures necessary to
ensure that concentrations of benzene in ambient air, as
assessed in accordance with Article 5, do not exceed the limit
value laid down in Annex I according to the dates mentioned
therein.

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

11.7.2000

EN

Official Journal of the European Communities

C 195/3

2. When the limit value laid down in Annex I is difficult to
achieve because of site-specific dispersion characteristics or
relevant climatic conditions, such as low windspeed and/or
conditions conducive to evaporation, and if the application of
the measures were
socio-economic
problems, a Member State may ask the Commission for a
time-limit extension. The Commission, acting in accordance
with the procedure laid down in Article 12(2) of Directive
96/62/EC, may, at the request of a Member State and without
prejudice to Article 8(3) of this Directive, grant one extension
for a period of up to five years if the Member State concerned:

in severe

to resuIt

measurement
within it.

is the sole source of data on concentrations

is

For zones and agglomerations within which information
3.
from fixed measurement
by
stations
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 IV, and Section I of Annex VI.

supplemented

(cid:151) designates the zones and/or agglomerations concerned,

(cid:151) provides the necessary justification for such an extension,

(cid:151) demonstrates that all reasonable measures have been taken
to lower the concentrations of the pollutants concerned
and to minimise the area over which the limit value is
exceeded, and

(cid:151) outlines

the future developments with regard to the
measures which it will take according to Article 8(3) of
Directive 96/62/EC.

The limit value for benzene to be granted during that
time-limited extension shall, however, not exceed 10 lg/m3.

Article 4

Carbon monoxide

Member States shall take the measures necessary to ensure that
concentrations of carbon monoxide in ambient air, as assessed
in accordance with Article 5, do not exceed the limit value laid
down in Annex II according to the dates mentioned therein.

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

Article 5

Assessment of concentrations

1.
The upper and lower assessment thresholds for benzene
and carbon monoxide shall be those laid down in Section I of
Annex III.

the
The classification of each zone or agglomeration for
purposes of Article 6 of Directive 96/62/EEC shall be reviewed
at least every five years in accordance with the procedure laid
down in Section II of Annex III to this Directive. Classification
shall be reviewed earlier in the event of significant change in
to ambient concentrations of benzene or
activities relevant
carbon monoxide.

2.
The criteria for determining the location of sampling
points for the measurement of benzene and carbon monoxide
in ambient air shall be those listed in Annex IV. The minimum
number of
fixed measurements of
concentrations of each relevant pollutant shall be as laid down
in Annex V, and they shall be installed in each zone or
agglomeration within which measurement is required if fixed

sampling points

for

For

zones

4.
which
measurement is not required, modelling or objective-estimation
techniques may be used.

agglomerations

within

and

5.
The reference methods for the analysis and the sampling
of benzene and carbon monoxide shall be as laid down in
Sections I and II of Annex VII. Section III of Annex VII will set
out reference techniques for air quality modelling when such
techniques are available.

The date by which Member States shall

inform the
6.
Commission of
the preliminary
the methods used for
assessment of air quality under point (d) of Article 11(1) of
Directive 96/62/EC shall be the date set out in Article 9 of this
Directive.

7.
Any amendments necessary to adapt the provisions of
this Article and Annexes III to VII to scientific and technical
progress shall be adopted in accordance with the procedure
referred to in Article 6(2) but may not result in any direct or
indirect changes to limit values.

Article 6

Committee

The Commission shall be assisted by the committee
1.
referred to in Article 12(2) of Directive 96/62/EC hereinafter
referred to as (cid:145)the Committee(cid:146).

2. Where reference is made to this paragraph Articles 5 and
7 of Decision 1999/468/EC shall apply, having regard to the
provisions of Article 8 thereof.

The period laid down in Article 5(6) of Decision 1999/468/EC
shall be set at three months.

3.

The Committee shall adopt its rules of procedure.

Article 7

Public information

1. Member States shall ensure that up-to-date information
on ambient concentrations of benzene and carbon monoxide is
routinely made available to the public as well as to appropriate
organisations, such as environmental organisations, consumer
organisations, organisations
interests of
sensitive populations and other relevant health-care bodies, by
information
means,
screens or computer-network services, teletext, telephone or
fax.

for example, of broadcast media, press,

representing the

Information on ambient concentrations of benzene, as an
average value over the last 12 months, shall be updated on at

C 195/4

EN

Official Journal of the European Communities

11.7.2000

a

three-monthly basis

least
and, wherever practicable,
information shall be updated on a monthly basis. Information
on ambient
a
maximum running average over eight hours, shall be updated
on at least a daily basis and, wherever practicable, information
shall be updated on an hourly basis.

carbon monoxide,

concentrations of

as

The information referred to in the second subparagraph shall
at least indicate any exceedances of the concentrations stated
in the limit values over the averaging periods laid down in
Annexes I and II. It shall also provide a short assessment in
relation to limit values and appropriate information regarding
effects on health.

2. When making plans or programmes available to the
public under Article 8(3) of Directive 96/62/EC, Member States
shall also make them available to the organisations referred to
in paragraph 1 of
the
this Article. This also includes
documentation required by Annex VI(II) of this Directive.

Information made

3.
and to
available
organisations under paragraphs 1 and 2 shall be clear,
comprehensible and accessible.

to the public

Article 8

Report and review

1.
No later than 31 December 2004 the Commission shall
submit to the European Parliament and the Council a report
based on the experience acquired in the application of this
Directive and, in particular, on the results of the most recent
scientific research concerning the effects on human health,
paying particular attention to sensitive populations, and on
ecosystems of exposure to benzene and carbon monoxide, and
on technological developments including the progress achieved
in methods
assessing
concentrations of benzene and carbon monoxide in ambient
air.

of measuring

otherwise

and

The report referred to in paragraph 1 shall take into
and carbon

regards benzene

in particular

as

2.
account
monoxide:

(a) current air quality and trends up to and beyond the year

2010;

(b) the scope for making further

reductions

emissions across all relevant sources,
their technical feasibility and cost-effectiveness;

to polluting
taking account of

(e)

the experience acquired in the application of this Directive
in particular, the conditions
in Member States including,
laid down in Annex IV under which measurement has
been carried out.

3. With a view to maintaining a high level of protection of
human health and the environment, the report referred to in
paragraph 1 shall be accompanied, if appropriate, by proposals
for the amendment of
this Directive which could include
further extensions to the timetable for meeting the limit value
for benzene in Annex I which may be agreed under Article
3(2).

Article 9

Penalties

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

Article 10

Implementation

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive by [(cid:133)] (*) at the latest. They shall forthwith inform
the Commission thereof.

When Member States adopt those measures, they shall contain
a reference to this Directive or shall be accompanied by such
as reference on the occasion of
their official publication.
Member States shall determine how such reference is to be
made.

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

Article 11

Entry into force

This Directive shall enter
publication in the Official Journal of the European Communities.

into force on the day of

its

Article 12

Addressees

This Directive is addressed to the Member States.

(c)

the relationships between pollutants and opportunities for
combined strategies for achieving Community air quality
and related objectives;

Done at (cid:133)

(d) current and future requirements for informing the public
information between Member

and for the exchange of
States and Commission;

For the European Parliament

The President

(cid:133)

For the Council

The President

(cid:133)

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

11.7.2000

EN

Official Journal of the European Communities

C 195/5

ANNEX I

LIMIT VALUE FOR BENZENE

The limit value must be expressed in lg/m3, standardised at a temperaturee of 293 K and a pressure of 101,3 kPa.

Averaging period

Limit value

Margin of tolerance

Limit value for the
protection of human
health

Calendar year

5 lg/m3

5 lg/m3 (100 %) on
(cid:133) (*), reducing on
1 January 2006 and
every 12 months
thereafter by 1 lg/m3
to reach 0 % by
January 2010

Date by which limit value
is to be met

1 January 2010 (1)

(*) The date of the entry into force of this Directive.
(1) Except within zones and agglomerations within which a time-limited extension has been agreed in accordance with Article 3(2).

C 195/6

EN

Official Journal of the European Communities

11.7.2000

ANNEX II

LIMIT VALUE FOR CARBON MONOXIDE

The limit value must be expressed in mg/m3. The volume must be standardised at a temperature of 293 K and a
pressure of 101,3 kPa.

Averaging period

Limit value

Margin of tolerance

Limit value for the
protection of human
health

Maximum daily
eight-hour mean

10 mg/m3

(*) The date of the entry into force of this Directive.

6 mg/m3 on (cid:133) (*),
reducing on
1 January 2003 and
every 12 months
thereafter by
2 mg/m3 to reach
0 % by January 2005

Date by which limit value
is to be met

1 January 2005

The maximum daily eight-hour mean concentration will be selected by examining eight-hour running averages,
calculated from hourly data and updated each hour. Each eight-hour average so calculated will be assigned to the day
on which it ends. i.e. the first calculation period for any one day will be the period from 5 p.m. on the previous day to
1 a.m. on that day; the last calculation period for any one day will be the period from 4 p.m. to 12 midnight on that
day.

11.7.2000

EN

Official Journal of the European Communities

C 195/7

ANNEX III

DETERMINATION OF REQUIREMENTS FOR ASSESSMENT OF CONCENTRATIONS OF BENZENE AND
CARBON MONOXIDE IN AMBIENT AIR WITHIN A ZONE OR AGGLOMERATION

I. Upper and lower assessment thresholds

The following upper and lower assessment thresholds will apply:

(a) Benzene

Upper assessment threshold

70 % of limit value (3,5 lg/m3)

Lower assessment threshold

40 % of limit value (2 lg/m3)

Annual average

(b) Carbon monoxide

Upper assessment threshold

70 % of limit value (7 mg/m3)

Lower assessment threshold

50 % of limit value (5 mg/m3)

Eight(cid:150)hour 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 it has been exceeded during at least three separate years out of those previous five years.

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 195/8

EN

Official Journal of the European Communities

11.7.2000

LOCATION OF SAMPLING POINTS FOR THE MEASUREMENT OF CONCENTRATIONS OF BENZENE AND
CARBON MONOXIDE IN AMBIENT AIR

ANNEX IV

The following considerations will apply to fixed measurement.

I. Macroscale siting

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.

II. Microscale siting

The following guidelines should be met as far as practicable:

(cid:151) 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);

(cid:151) 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;

(cid:151) the inlet probe should not be positioned in the immediate vicinity of sources in order to avoid direct intake of

emissions unmixed with ambient air;

(cid:151) the sampler(cid:146)s exhaust outlet should be positioned so that recirculation of exhaust air to the sample inlet is

avoided;

(cid:151) location of traffic-orientated samplers:

(cid:151) for all pollutants, such sampling points should be at least 25 m from the edge of major junctions and at

least 4 m from the centre of the nearest traffic lane;

(cid:151) for carbon monoxide, inlets should be no more than 5 m from the kerbside;

(cid:151) for benzene, 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:

(cid:151) interfering sources;

(cid:151) security;

(cid:151) access;

11.7.2000

EN

Official Journal of the European Communities

C 195/9

(cid:151) availability of electrical power and telephone communications;

(cid:151) visibility of the site in relation to its surroundings;

(cid:151) safety of public and operators;

(cid:151) the desirability of co-locating sampling points for different pollutants;

(cid:151) planning requirements.

III. Documentation and review of site selection

The site selection procedures
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.

should be fully documented at

C 195/10

EN

Official Journal of the European Communities

11.7.2000

ANNEX V

CRITERIA FOR DETERMINING NUMBERS OF SAMPLING POINTS FOR FIXED MEASUREMENT OF
CONCENTRATIONS OF BENZENE AND CARBON MONOXIDE IN AMBIENT AIR

Minimum number of sampling points for fixed measurement to assess compliance with limit values for the protection
of human health in zones and agglomerations where fixed measurement is the sole source of information.

(a) Diffuse sources

Population of agglomeration or zone

((cid:215) 1 000)

0-249

250-499

500-749

750-999

1 000-1 499

1 500-1 999

2 000-2 749

2 750-3 749

3 750-4 749

4 750-5 999

¯ 6 000

If concentrations exceed the
upper assessment
threshold (1)

If maximum concentrations
are between the upper and
lower assessment thresholds

1

2

2

3

4

5

6

7

8

9

10

1

1

1

1

2

2

3

3

4

4

5

(1) To include at least one urban-background station and one traffic-oriented station provided this does not increase the number of

sampling points.

(b) Point sources

For the assessment of pollution in the vicinity of point sources,
measurement should be calculated taking into account emission densities,
ambient air pollution and potential exposure of the population.

the number of sampling points for fixed
the likely distribution patterns of

11.7.2000

EN

Official Journal of the European Communities

C 195/11

ANNEX VI

DATA QUALITY OBJECTIVES AND COMPILATION OF RESULTS OF AIR QUALITY
ASSESSMENT

I. Data quality objectives

The following data quality objectives, for allowed uncertainty of assessment methods, and of minimum time
coverage and of data capture of measurement are provided to guide quality-assurance programmes.

Benzene

Carbon monoxide

Fixed measurements (1)

Uncertainty

Minimum data capture

Minimum time coverage

Indicative measurements

Uncertainty

Minimum data capture

Minimum time coverage

Modelling

Uncertainty:

Eight-hour averages

Annual estimation

Objective estimation

Uncertainty

25 %

90 %

35 % urban background and traffic
sites
the
(distributed over
year to be representative of
various conditions for climate
and traffic)

90 % industrial sites

30 %

90 %

14 % (one day’s measurement a
week at random, evenly distributed
over
eight weeks
evenly distributed over the year)

the year, or

15 %

90 %

25 %

90 %

14 % (one measurement a week at
random, evenly distributed over the
year,
evenly
distributed over the year)

eight weeks

or

(cid:151)

50 %

100 %

50 %

(cid:151)

75 %

(1) Member States may apply random measurements instead of continuous measurements for benzene if they can demonstrate to
the Commission that the uncertainty, including the uncertainty due to random sampling, meets the quality objective of 25 %.
Random sampling must be evenly distributed over the year in order to avoid skewing of results.

The uncertainty (on 95 % confidence interval) of the assessment method will be evaluated in accordance with the
principles of the ISO Guide to the Expression of Uncertainty in Measurement (1993) or the methodology of ISO
5725:1994 or equivalent. The percentages for uncertainty in the above table are given for individual measurements
averaged over the period considered by the limit value, for a 95 % confidence interval. The uncertainty for the
fixed measurements should be interpreted as being applicable in the region of the appropriate limit value. Until
such time as CEN standards with detailed test protocols are fully adopted, the Commission will issue, before the
adoption of this Directive, the guidelines for use developed by CEN.

The uncertainty 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.

C 195/12

EN

Official Journal of the European Communities

11.7.2000

II. Results of air quality assessment

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

(cid:151) a description of assessment activities carried out;

(cid:151) the specific methods used, with references to descriptions of the method;

(cid:151) the sources of data and information;

(cid:151) a description of results, including uncertainties 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 area within which concentrations exceed the
upper assessment threshold or the lower assessment threshold;

(cid:151) 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 benzene and carbon monoxide the measurement result must be standardised at a temperature of 293 K and a
pressure of 101,3 kPa.

11.7.2000

EN

Official Journal of the European Communities

C 195/13

REFERENCE METHODS FOR ASSESSMENT OF CONCENTRATIONS OF BENZENE AND CARBON
MONOXIDE

ANNEX VII

I. Reference method for the sampling/analysis of benzene

The reference method for the measurement of benzene will be the pumped sampling method on a sorbent
cartridge followed by gas chromatographic determination that is currently being standardised by CEN. In the
absence of a CEN standardised method, Member States are allowed to use national standard methods based on the
same measurement method.

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

II. Reference method for the analysis of carbon monoxide

The reference method for the measurement of carbon monoxide will be the non-dispersive infra-red spectometric
(NDIR) method, that is currently being standardised by CEN. In the absence of a CEN standardised method, the
Member States are allowed to use national standard methods based on the same measurement method.

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

III. 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.

C 195/14

EN

Official Journal of the European Communities

11.7.2000

STATEMENT OF THE COUNCIL’S REASONS

I.

INTRODUCTION

1. On 1 December 1998, the Commission sent the Council a proposal for a Council Directive
relating to limit value for benzene and carbon monoxide in ambient air (1). The proposal was
based on former Article 130S(1) now 175(1) of the Treaty.

2. The European Parliament gave its opinion on 2 December 1999 (2).

The Economic and Social Committee gave its opinion on 25 March 1999 (3), whereas the
Committee of the Regions decided at its meeting on 28 June 1999 that it would not give an
opinion.

3. Following these opinions, the Commission forwarded an amended proposal (4) to the Council on

[(cid:133)] (still to come).

4. On 10 April 2000 the Council adopted its common position in accordance with Article 251(2) of

the Treaty.

II. OBJECTIVE

The aim of the Directive is to establish limit values for and to assess concentrations of carbon
monoxide and benzene in accordance with Article 4 of Council Directive 96/62/EC on ambient air
quality assessment and management, intended to avoid, prevent or reduce harmful effects on human
health and the environment as a whole.

III. ANALYSIS OF THE COMMON POSITION (5)

The Council’s common position, whilst maintaining the approach proposed by the Commission, has
added a series of provisions either to strengthen, to clarify or to bring it into line with Directive
99/30/EC, the first one of this type to be adopted in the framework of Directive 96/62/EC.

A. AMENDED COMMISSION PROPOSAL

The Council has adopted fully (in some cases slightly reworded) or partly all but one (amendment
11) of the 11 European Parliament amendments accepted by the Commission. These concern:

(i)

fully: amendments 1, 6, 10 and 21;

(ii) slightly reworded: amendments 2, 4 and 8;

(iii) partly: amendments 7, 9 and 15.

B. MOST IMPORTANT INNOVATIONS INTRODUCED BY THE COUNCIL

1. Recitals

Council has added:

(cid:151) recital 6: to motivate the incorporation of amendment 6 and to bring it in line with recital

11 of Directive 99/30/EC;

(cid:151) recital 9: to explain the reasons for the possibility of granting one time-limited extension to

Member States as referred to in Article 3(2) (see below).

(1) OJ C 53, 24.2.1999, p. 8.
(2) OJ C (cid:133)
(3) OJ C 138, 18.5.1999, p. 42.
(4) OJ C (cid:133).
(5) The numbering of the recitals, Articles and Annexes follow those retained in the common position.

11.7.2000

EN

Official Journal of the European Communities

C 195/15

2. Articles

(cid:151) Article 3(2): Council has maintained the possibility for an extension in time to comply

with the limit value for benzene as proposed by the Commission but

(cid:151) he has restricted it to only one single time-limited extension (maximum five years),

and

(cid:151) has provided for:

(cid:151) a series of strict criteria to be met, and

(cid:151) full justification to be given.

In particular, Council has added an upper ceiling of 10 lg/m3 to the concentration limit
value where such an extension might possibly be granted.

(cid:151) Article 7(3), last sentence: Council has changed the original Commission proposal in that it
deleted the requirements that the Commission propose an absolute limit to the length of
any further extensions which may be agreed under Article 3(2). Any proposals for a
the Directive, which could include further extensions to the timetable for
review of
meeting benzene limit values as
in Annex I, accompanying possibly the
Commission’s report of 2004, are subject to the condition of maintaining a high level of
protection of human health and the environment.

set out

3. Annexes

Annexes I and II have undergone some changes of a purely technical nature for practical
reasons.

The Commission has agreed to the common position adopted by the Council.