Amended proposal for a Directive of the European Parliament and of the Council on limit values for benzene and carbon monoxide in ambient air
Date: 2000-04-11
Institutions: European Commission
Subjects: atmospheric pollutant, environmental protection, pollution control, public awareness campaign, public health

26.9.2000

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Official Journal of the European Communities

C 274 E/91

Amended proposal for a directive of the European Parliament and of the Council on limit values
for benzene and carbon monoxide in ambient air (1)

(2000/C 274 E/10)

(Text with EEA relevance)

COM(2000) 223 final (cid:151) 98/0333(COD)

Submitted by the Commission pursuant to Article 250(2) of the EC-Treaty on 12 April 2000)

(1) OJ C 53, 24.2.1999, p. 8.

INITIAL PROPOSAL

AMENDED PROPOSAL

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Unchanged

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

Having regard to the proposal from the Commission,

Having regard to the opinion of
Committee,

the Economic and Social

Having regard to the opinion of the Committee of the Regions,

Acting in accordance with the procedure laid down in Article
251 of
in cooperation with the European
Parliament,

the Treaty,

Whereas:

(1) On the basis of principles enshrined in Article 174 of the
Treaty, the European Community programme of policy and
action in relation to the environment and sustainable devel-
(the Fifth Environment Action Programme) (1)
opment
envisages in particular amendments to legislation on air
pollutants; that 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.

shall

(2) Article 152 of the Treaty provides that health-protection
requirements
the
Community’ s other policies; point (p) of Article 3 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.

constituent part of

form a

(3) Pursuant to Article 4(5) of Council Directive 96/62/EC of
27 September 1996 on ambient air quality assessment and
management (2),
the legislation
provided for in paragraph 1 as well as the provisions laid
down in paragraphs 3 and 4 of that Article.

the Council

is to adopt

___________
(1) OJ C 138, 17.5.1993, p. 5.
(2) OJ L 296, 21.11.1996, p. 55.

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INITIAL PROPOSAL

AMENDED PROPOSAL

(4) Article 8 of Directive 96/62/EC requires that 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 date or dates
laid down.

(5) 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 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 are based

in accordance with Article 176 of

(5a) The limit values laid down in this Directive are minimum
requirements;
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.

(5b) Benzene is a human genotoxic carcinogen and there is no
identifiable threshold below which there is no risk to
human health.

Unchanged

(6) In order to facilitate the review of

the
should consider
Commission and the Member States
encouraging research into the effects of
the pollutants
referred to herein, namely benzene and carbon monoxide.

this Directive,

(7) Standardised

accurate measurement

and
common criteria for the location of measuring stations
are an important element in the assessment of ambient
air
comparable
information across the Community.

view to obtaining

quality with a

techniques

(7a) Information on concentrations of benzene and carbon
monoxide should be forwarded to the Commission as a
basis for regular reports.

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

Unchanged

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INITIAL PROPOSAL

AMENDED PROPOSAL

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Objectives

The objectives of this Directive shall be to:

(a) establish limit values for concentrations of benzene and
intended to avoid,
carbon monoxide in ambient air
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:

1.

2.

(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;

(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;

3.

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

Article 3

Benzene

take the measures necessary to
1. Member States shall
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. The margin of tolerance
laid down in Annex I shall apply in accordance with Article
8 of Directive 96/62/EC.

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INITIAL PROPOSAL

AMENDED PROPOSAL

2. Within zones and agglomerations, within which Member
States can demonstrate that the application of measures to
meet the limit value laid down in Annex I would result in
severe socio-economic problems, the Commission may, acting
in accordance with the procedure laid down in Article 12(2) of
Directive 96/62/EC, grant time-limited extensions for meeting
the limit value for periods of up to five years.

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.

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 for the purposes of Article 6 of Directive
96/62/EC shall be those laid down in Section I of Annex III.

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

for

benzene

the measurement of

The criteria for determining the location of sampling
2.
points
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 measurement is the sole source of data on
concentrations within it.

sampling points

and

for

is

supplemented

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.

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

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INITIAL PROPOSAL

AMENDED PROPOSAL

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 sets
out reference techniques for air quality modelling.

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.

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
laid down in Article 12 of Directive 96/62/EC.

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
laid down in Article 12 of Directive 96/62/EC, but may not
result in any direct or indirect changes to limit values.

Article 6

Public information

Unchanged

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
means,
information
screens or computer-network services.

for example, of broadcast media, press,

representing the

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
means,
information
screens or computer-network services, teletext, telephone or
fax.

for example, of broadcast media, press,

representing the

Information on ambient concentrations of benzene shall be
updated on at least a monthly basis. Information on ambient
concentrations of carbon monoxide shall be updated on at least
a daily basis.

Information on ambient concentrations of benzene shall be
updated on at least a monthly basis. Information on ambient
concentrations of carbon monoxide shall be updated on at least
a daily basis or, where feasible, on an hourly basis.

Such information 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.

Unchanged

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 this Article.

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 this Article. This also includes
the documentation required by Annex VI(II).

3.
Information made available to the public and to organi-
sations under paragraphs 1 and 2 shall be clear, compre-
hensible and accessible.

Unchanged

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INITIAL PROPOSAL

AMENDED PROPOSAL

Article 7

Report

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 and
ecosystems of exposure to benzene and carbon monoxide, and
on technological developments including the progress achieved
in methods of measuring and otherwise assessing concen-
trations of benzene and carbon monoxide in ambient air.

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 of measuring and otherwise assessing
concentrations of benzene and carbon monoxide in ambient
air.

The report shall be presented as an integral part of an air
2.
quality strategy, designed to review and propose Community
air quality objectives and develop implementing strategies to
ensure the achievement of those objectives. The strategy shall
take into account:

Unchanged

(a) the implementation of existing requirements relating to air
quality, acidification and eutrophication, including progress
in implementing limit values and target values established
in accordance with Article 4 of Directive 96/62/EC;

(b) transport of pollution across national boundaries;

(c) the need for new or revised objectives relating to air

quality, acidification and eutrophication;

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

2010;

(e) the broad scope for making further reductions to polluting
taking account of

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

(f)

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

(g) current and future requirements for informing the public
and for the exchange information between Member States
and Commission;

(h) the experience acquired in the application of this Directive
in Member States including, in particular, the conditions as
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 shall be accom-
panied by proposals for the amendment of this Directive if
appropriate.
In particular the Commission shall propose an
absolute limit to the length of any further extensions to the
timetable for meeting the limit value for benzene in Annex I
which may be agreed under Article 3(2).

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INITIAL PROPOSAL

AMENDED PROPOSAL

Article 8

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 9

Implementation

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive by 31 December 2001 at
the latest. They shall
forthwith inform the Commission thereof.

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

The Member

2.
Commission the text of the main provisions of national
which they adopt in the field covered by this Directive.

communicate

States

shall

to

the
law

Article 10

Entry into force

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

Article 11

Addressees

This Directive is addressed to the Member States.

ANNEX I

LIMIT VALUE FOR BENZENE

The limit value must be expressed in (cid:236)g/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

Calendar
year

5 (cid:236)g/m3

5 (cid:236)g/m3 (100 %) on the entry into force
of this Directive, reducing on 1 January
2003 and every 12 months thereafter by
equal annual percentages to reach 0% by
1 January 2010

Date by which limit
value is to be met

1 January 2010 (1)

(1) Except within zones and agglomerations within which a time-limited extension has been agreed in accordance with Article 3(2).

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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

8 hours (on
a rolling
basis)

10 (cid:236)g/m3

5 (cid:236)g/m3 (50 %) on the entry into force of
this Directive, reducing on 1 January
2003 and every 12 months thereafter
by equal annual percentages to reach
0 % by 1 January 2005

Date by which limit
value is to be met

1 January 2005

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

ANNEX III

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 (cid:236)g/m3)

Lower assessment threshold

40 % of limit value (2 (cid:236)g/m3)

Annual average

(b) Carbon Monoxide

Upper assessment threshold

70 % of limit value (7 (cid:236)g/m3)

Lower assessment threshold

50 % of limit value (5 (cid:236)g/m3)

Eight-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
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.

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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’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 metres 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;

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

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

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(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 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.

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 (thousands)

If concentrations exceed the upper
assessment threshold

If maximum concentrations are between
the upper and lower assessment
thresholds

0-250

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

1

2

2

3

4

5

6

7

8

9

10

1

1

1

1

2

2

3

3

4

4

5

Where there is more than one measurement station within a zone or agglomeration these should include at least one
traffic-oriented station and at least one urban background station.

(b) Point sources

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

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DATA QUALITY OBJECTIVES AND COMPILATION OF RESULTS OF AIR QUALITY ASSESSMENT

ANNEX VI

I. Data quality objectives

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

Benzene

Carbon Monoxide

Continuous measurement

Accuracy

Minimum data capture

Indicative measurement

Accuracy

Minimum data capture

Minimum time coverage

Modelling Accuracy:

Eight-hour averages

Annual averages

Objective estimation

Accuracy

25 %

90 %

30 %

90 %

15 %

90 %

25 %

90 %

14 % (one measurement a week at
random, evenly distributed over the
year, or 8 weeks evenly distributed
over the year)

14 % (one measurement a week at
random, evenly distributed over the
year, or 8 weeks evenly distributed
over the year)

(cid:151)

50 %

100 %

50 %

(cid:151)

75 %

the measurement

is defined as laid down in the (cid:145)Guide to the Expression of Uncertainty of
The accuracy of
Measurements(cid:146)
(ISO 1993), or in ISO 5725-1 (cid:145)Accuracy (trueness and precision) of measurement methods and
results(cid:146) (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 + 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
the
timing of the events.

taking into account

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.

For benzene, Member States may apply random measurement instead of continuous measurement if they can demon-
strate to the Commission that the uncertainty, including the uncertainty due to random sampling, meets the data quality
objective of 25 % set for continuous measurement.

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:

(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;

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(cid:151) 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 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 volume must be standardised at a temperature of 293 K and a pressure of
101,3 kPa.

ANNEX VII

REFERENCE METHODS FOR ASSESSMENT OF CONCENTRATIONS OF BENZENE AND CARBON
MONOXIDE

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, 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.

II. Reference method for the analysis of carbon monoxide

The reference method for the measurement of carbon monoxide will be the non-dispersive infrared 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.