Directive 2000/69/EC of the European Parliament and of the Council of 16 November 2000 relating to limit values for benzene and carbon monoxide in ambient air
Date: 2000-11-16
Institutions: Council of the European Union, European Parliament
Subjects: atmosphere, atmospheric pollutant, environmental protection, hydrocarbon, oxide, pollution control

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DIRECTIVE 2000/69/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

relating to limit values for benzene and carbon monoxide in ambient air

of 16 November 2000

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 the Economic and Social
Committee (2),

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)

(2)

(3)

(4)

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 development (the Fifth Environment Action
Programme) (4), supplemented by Decision No 2179/
98/EC of the European Parliament and the Council (5) on
its review, envisages in particular amendments to legisla-
tion 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.

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 assess-
ment 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.

Directive 96/62/EC requires that action plans be devel-
oped for zones within which concentrations of pollu-
tants in ambient air exceed limit values, plus any tempo-
rary margins of tolerance applicable in order to ensure
compliance with limit values by the dates laid down.

(5)

(6)

(7)

(8)

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.

The measures necessary for the implementation of this
Directive should be adopted in accordance with Council
Decision 1999/468/EC of 28 June 1999 laying down
the procedures for the exercise of implementing powers
conferred on the Commission (7).

The amendments necessary for adaptation to scientific
and technical progress may relate solely to criteria and
techniques for
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.

(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 (OJ C
194, 11.7.2000, p. 56), Council Common Position of 10 April
2000 (OJ C 195, 11.7.2000, p. 1) and Decision of the European
Parliament of 6 July 2000 (not yet published in the Official
Journal). Council Decision of 24 October 2000.

(4) OJ C 138, 17.5.1993, p. 5.
(5) OJ L 275, 10.10.1998, p. 1.
(6) OJ L 296, 21.11.1996, p. 55.

(11)

In order to facilitate the review of this Directive in 2004,
the Commission and the Member States should consider
encouraging research into the effects of benzene and
carbon monoxide,
taking air pollution in enclosed
spaces into account as well as that in outside air.

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

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(12)

techniques and
Standardised accurate measurement
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 informa-
tion across the Community.

(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,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Objectives

The objectives of this Directive shall be:

(a) to 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 envir-
onment as a whole;

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

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

(d) to maintain ambient air quality where it

is good and
improve it in other cases with respect to benzene and
carbon monoxide.

Article 2

Definitions

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

For the purposes of this Directive:

(a) ‘upper assessment threshold’ 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) ‘lower assessment threshold’ 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) ‘fixed measurements’ 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.

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 to result in severe socio-economic prob-
lems, a Member State may ask the Commission for a time-
limited 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:

— designates the zones and/or agglomerations concerned;

— provides the necessary justification for such an extension;

— 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

— outlines the future developments with regard to the meas-
ures 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 µg/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 classification of each zone or agglomeration for the
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
activities relevant to ambient concentrations of benzene or
carbon monoxide.

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The criteria for determining the location of sampling
2.
points for the measurement of benzene and carbon monoxide
in ambient air shall be those listed in Annex IV. The minimum
number of sampling points for fixed measurements of concen-
trations of each relevant pollutant shall be as laid down in
Annex V, and they shall be installed in each zone or agglom-
eration within which measurement is required if fixed measure-
ment is the sole source of data on concentrations within it.

For zones and agglomerations within which information
3.
from fixed measurement stations is supplemented by informa-
tion from other sources, such as emission inventories, indic-
ative 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.

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 methods used for the preliminary assess-
ment of air quality under point (d) of Article 11(1) of Directive
96/62/EC shall be the date set out
this
Directive.

in Article 10 of

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

1.
The Commission shall be assisted by the committee
referred to in Article 12(2) of Directive 96/62/EC, hereinafter
referred to as ‘the Committee’.

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.

organisations, such as environmental organisations, consumer
organisations, organisations representing the interests of sensi-
tive populations and other relevant health-care bodies, by
means, for example, of broadcast media, press,
information
screens or computer-network services, teletext, telephone or
fax.

Information on ambient concentrations of benzene, as an
average value over the last 12 months, shall be updated on at
least a three-monthly basis and, wherever practicable, informa-
tion shall be updated on a monthly basis.
Information on
ambient concentrations of carbon monoxide, as 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.

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 this Article. This also includes the documen-
tation required by Annex VI(II) of this Directive.

3.
Information made available to the public and to organ-
isations under paragraphs 1 and 2 shall be clear, comprehen-
sible and accessible.

Article 8

Report and review

No later than 31 December 2004 the Commission shall
1.
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 concentra-
tions of benzene and carbon monoxide in ambient air.

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

2.
The report referred to in paragraph 1 shall take into
account in particular as regards benzene and carbon monoxide:

3.

The Committee shall adopt its rules of procedure.

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

2010;

Article 7

Public information

(b) the scope for making further reductions to polluting emis-
sions across all relevant sources, taking account of their
technical feasibility and cost-effectiveness;

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

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

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

and for the exchange of
States and Commission;

(e) the experience acquired in the application of this Directive
in Member States including, in particular, the conditions
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 13 December 2002 at the latest. They shall forth-
with inform the Commission thereof.

When Member States adopt those measures, 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.

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 into force on the day of its publica-
tion in the Official Journal of the European Communities.

Article 12

Addressees

This Directive is addressed to the Member States.

Done at Brussels, 16 November 2000.

For the European Parliament

For the Council

The President

N. FONTAINE

The President

R. SCHWARTZENBERG

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ANNEX I

LIMIT VALUE FOR BENZENE

The limit value must be expressed in µg/m3, 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 µg/m3

5 µg/m3 (100 %) on 13 De-
cember 2000, reducing on 1
January 2006 and every 12
months thereafter by 1 µg/m3
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).

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
8-hour mean

10 mg/m3

6 mg/m3 on 13 December,
reducing on 1 January 2003
and every 12 months there-
after by 2 mg/m3
to reach
0 % by 1 January 2005

Date by which limit
value is to be met

1 January 2005

The maximum daily 8-hour mean concentration will be selected by examining 8-hour running averages, calculated from
hourly data and updated each hour. Each 8-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 17:00 on the previous day to 01:00 on that day; the
last calculation period for any one day will be the period from 16:00 to 24:00 on that day.

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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) B e n z e n e

Upper assessment threshold

70 % of limit value (3,5 µg/m3)

Lower assessment threshold

40 % of limit value (2 µg/m3)

Annual average

(b) C a r b o n M o n o x i d e

Upper assessment threshold

70 % of limit value (7 mg/m3)

Lower assessment threshold

50 % of limit value (5 mg/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 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.

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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. M a c r o s c a l e s i t i n g

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. M i c r o s c a l e s i t i n g

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 direct intake of

emissions unmixed with ambient air;

— the sampler's exhaust outlet should be positioned so that recirculation of exhaust air to the sample inlet is avoided;

— location of traffic-orientated samplers:

— 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;

— for carbon monoxide,

inlets should be no more than 5 m from the kerbside;

— 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:

— 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.

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III. D o c u m e n t a t i o n a n d r e v i e w o f s i t e s e l e c t i o n

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) D i f f u s e s o u r c e s

Population of agglomeration or zone
(thousands)

If concentrations exceed the upper assess-
ment threshold (1)

If maximum concentrations are between
the upper and lower assessment thresholds

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

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) P o i n t s o u r c e s

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 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 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 averages

Objective estimation

Uncertainty

25 %

90 %

35 % urban background and traffic
sites (distributed over the year to be
representative of various conditions
for climate and traffic)
90 % industrial sites

30 %

90 %

15 %

90 %

25 %

90 %

14 % (one day's 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)

—

50 %

100 %

50 %

—

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 a 95 % confidence interval) of the assessment methods 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 measure-
ments 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.

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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 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;

— 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.

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, 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 6(2).