Amended proposal for a Directive of the European Parliament and of the Council relating to ozone in ambient air (COM(2000) 613 final — 1999/0068(COD)) (Text with EEA relevance)
Date: 2001-01-30
Institutions: European Commission
Subjects: action programme, environmental protection, ozone, pollution control, public health, stratospheric pollution

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Amended proposal for a Directive of the European Parliament and of the Council relating to
ozone in ambient air (1)

(2001/C 531 E/18)

(Text with EEA relevance)

COM(2000) 613 final (cid:151) 1999/0068(COD)

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

(1) OJ C 56 E, 29.2.2000, p. 40.

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 (1),

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 the Treaty,

Whereas:

the

the Governments of

(1) On the basis of principles enshrined in Article 174 of the
Fifth Environmental Action Programme
Treaty,
the Council and the
approved by the Resolution of
Representatives of
the Member
States meeting within the Council of 1 February 1993
on a European Community programme of policy and
action in relation to the environment and sustainable
development (2) envisages in particular amendments to
existing
said
air
programme recommends the establishment of long-term
air quality objectives.

pollutants.

legislation

The

on

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

___________
(1) OJ C 51, 23.2.2000, p. 11.
(2) OJ C 138, 17.5.1993, p. 1.
(3) OJ L 296, 21.11.1996, p. 55.

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INITIAL PROPOSAL

AMENDED PROPOSAL

(3) It

is important

to ensure effective protection against
effects on human health from exposure to ozone. The
adverse effects of ozone on vegetation, ecosystems and
the environment as a whole should be reduced, as far as
possible. The transboundary nature of ozone requires
action to be taken at Community level.

scientific groups

(4) Directive 96/62/EC provides that numerical thresholds are
to be based on the findings of work carried out by inter-
field. The
national
recent
Commission is
scientific
and
environmental fields concerned and of the most recent
advances in metrology with a view to re-examining the
elements on which such thresholds are based.

the most
epidemiological

to take account of

research data

in the

in the

active

(5) Directive 96/62/EC requires limit and/or target values to
be set for ozone. In view of the transboundary nature of
ozone, target values should be set for the protection of
human health and for the protection of vegetation. Those
should relate to the interim objectives
target values
to combat
derived from the Community
tropospheric ozone.

strategy

(6) Directive 96/62/EC requires action to be taken in respect
of zones and agglomerations within which ozone concen-
trations exceed target values in order to ensure that target
values are met as far as possible by the date specified.
to control
to a large extent
Such action will
measures to be implemented in accordance with relevant
Community legislation.

refer

local measures

(7) Specific local circumstances will

in some cases require
additional
the
target values are to be met. Local measures should not
be required where examination of benefits and costs
shows them to be disproportionate.

to be implemented if

(8) Long-term objectives should be set with the aim of
providing effective protection of human health and the
environment. Long-term objectives should relate to the
ozone strategy and its aim of closing the gap between
current ozone levels and the long-term objective as far
as possible.

(9) Measurements

should be mandatory in zones with
exceedances of the long-term objectives. Supplementary
means of assessment and collocated measurements of
nitrogen dioxide may reduce the required number of
sampling points.

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INITIAL PROPOSAL

AMENDED PROPOSAL

(10) An alert

threshold for ozone should be set

the
protection of
the general population. An information
threshold should be set as an alert threshold to protect
sensitive sectors of the population. Up-to-date information
on concentrations of ozone in ambient air should be
readily available to the public.

for

(11) Short-term action plans should be drawn up where the
risk of exceedances of the alert threshold can be reduced
significantly. The potential
reducing the number,
duration and severity of exceedances should be inves-
tigated and assessed.

for

(12) The transboundary nature of ozone pollution may require
certain coordination between neighbouring Member States
in drawing up and implementing action plans and in
informing the public.

(12) The transboundary nature of ozone pollution may require
certain coordination between neighbouring Member States
as well as Member States and neighbouring accession
candidate countries in drawing up and implementing
action plans and in informing the public.

(13) As a basis for regular reports, information on measured
concentrations should be submitted to the Commission.

Unchanged

(14) The Commission should review the provisions of

recent

the most

this
Directive in the light of
scientific
research concerning in particular the effects of ozone on
human health and the environment. Such review should
be part of an integrated air quality strategy designed to
review and if necessary revise Community air quality
objectives, including those for acidification and eutrophi-
cation. That strategy should include measures to reduce
emissions across all sources, taking into account technical
feasibility and cost-effectiveness,
to ensure
achievement of those objectives. For ozone, the review
should aim if possible
long-term
objectives within a foreseeable time period.

at achieving the

in order

(15) Member States

should lay down rules on penalties
applicable to infringements of
this
Directive and ensure that they are implemented. Those
penalties must be effective, proportionate and dissuasive.

the provisions of

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INITIAL PROPOSAL

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(16) In accordance with the principles of subsidiarity and
proportionality as set out in Article 5 of the Treaty, the
the proposed measure, ensuring effective
objectives of
protection against effects on human health from ozone
and reducing the adverse effect of ozone on vegetation,
ecosystems and the environment as a whole, cannot be
sufficiently achieved by the Member States because of the
transboundary nature of ozone and can therefore be better
achieved by the Community; this Directive confines itself
to the minimum required in order
to achieve those
objectives and does not go beyond what is necessary for
that purpose.

(17) Council Directive 92/72/EEC of 21 September 1992 on air
pollution by ozone (1) should therefore be repealed,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Objectives

The purpose of this Directive is:

(a) to establish long-term objectives,

target values, an alert
threshold and an information threshold for concentrations
of ozone in ambient air in the Community, designed to
avoid, prevent or reduce harmful effects on human health
and the environment as a whole;

(b) to ensure that common methods and criteria are used to
assess concentrations of ozone and, as appropriate, ozone
precursors
(oxides of nitrogen and volatile organic
compounds) in ambient air in the Member States;

(c) to ensure that adequate information is obtained on ambient
levels of ozone and that it is made available to the public;

(d) to ensure that, with respect to ozone, ambient air quality is
maintained where it is good, and improved in other cases.

___________
(1) OJ L 297, 13.10.1992, p. 1.

(e) to ensure increased cooperation between the Member States
in reducing ozone levels, use of the potential of trans-
boundary measures and agreement on such measures.

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INITIAL PROPOSAL

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Article 2

Definitions

Unchanged

For the purposes of this Directive:

1.

(cid:145)ambient air(cid:146) means outdoor air
excluding work places;

in the troposphere,

2.

(cid:145)pollutant(cid:146) means any substance introduced directly or
indirectly by man into the ambient air and likely to have
harmful effects on human health and/or the environment
as a whole;

3.

(cid:145)level(cid:146) means the concentration of a pollutant in ambient
air or the deposition thereof on surfaces in a given time;

3.

(cid:145)level(cid:146) means the concentration of ozone or its precursors
in ambient air or the deposition thereof on surfaces in a
given time;

4.

(cid:145)assessment(cid:146) means any method used to measure, calculate,
predict or estimate the level of a pollutant in the ambient
air;

Unchanged

5.

(cid:145)fixed measurements(cid:146) means measurements
accordance with Article 6(5) of Directive 96/62/EC;

taken in

6.

(cid:145)zone(cid:146) means part of
Member States;

their

territory delimited by the

7.

8.

9.

(cid:145)agglomeration(cid:146) means a zone with a population concen-
tration in excess of 250 000 inhabitants or, where the
population concentration is 250 000 inhabitants or less,
a population density per km2 which for the Member
State justifies the need for ambient air quality to be
assessed and managed;

(cid:145)target value(cid:146) means a level fixed with the aim in the long
term of avoiding harmful effects on human health and/or
the environment as a whole,
to be attained as far as
possible within a given period;

(cid:145)long-term objective(cid:146) means an ozone concentration in the
atmosphere below which, according to current scientific
knowledge, direct adverse effects on human health and/or
the environment as a whole are unlikely, to be attained as
far as possible in the long term with the aim of providing
effective protection of human health and the environment;

10.

(cid:145)alert threshold(cid:146) means a level beyond which there is a risk
to human health in the general population from brief
exposure and at which immediate steps must be taken
by the Member States as laid down in this Directive;

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INITIAL PROPOSAL

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11.

(cid:145)information threshold(cid:146) means an alert
sensitive sections of the population;

threshold for

12.

(cid:145)Volatile organic compounds(cid:146)
(VOC) means all organic
compounds capable of producing photochemical oxidants
in the presence of
by reaction with nitrogen oxides
sunlight.

Article 3

Target values

The target values to be achieved by 2010 in respect of
in

1.
ozone concentrations in ambient air are those set out
Section II of Annex I.

2. Member States shall draw up a list of zones and agglom-
erations in which the levels of ozone in ambient air, as assessed
in accordance with Article 9, are higher than the target values
referred to in paragraph 1.

In the zones and agglomerations referred to in paragraph
3.
2, Member States shall take steps to ensure that a plan or
programme is prepared and implemented for attaining as far
as possible the target value as from the date specified in
Section II of Annex I.

Where, in accordance with Article 8(3) of Directive 96/62/EC,
plans or programmes must be prepared or implemented in
respect of other pollutants, Member States shall prepare and
implement integrated plans or programmes covering all the
pollutants concerned. Those plans or programmes shall incor-
porate at least the information listed in Annex IV to Directive
96/62/EC and shall be made available to the public and to
appropriate organisations such as environmental organisations,
the
consumer
interests of sensitive population groups and other relevant
health care bodies.

organisations,

organisations

representing

Article 4

Long-term objectives

The long-term objectives for ozone concentrations in

1.
ambient air are those set out in Section III of Annex I.

2. Member States shall draw up a list of the zones and
agglomerations in which the levels of ozone in ambient air,
as assessed in accordance with Article 9, are higher than the
long-term objectives referred to in paragraph 1 but below or
equal to the target values set out in Section II of Annex I.
Within such zones and agglomerations Member States shall
implement measures with the aim of achieving the long-term
objectives as far as possible.

2. Member States shall draw up a list of the zones and
agglomerations in which the levels of ozone in ambient air,
as assessed in accordance with Article 9, are higher than the
long-term objectives referred to in paragraph 1 but below or
equal to the target values set out in Section II of Annex I.
Within such zones and agglomerations Member States shall
prepare and implement measures with the aim of achieving
the long-term objectives as far as possible.

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INITIAL PROPOSAL

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Article 5

Unchanged

Requirements in zones and agglomerations where ozone
levels meet the long-term objectives

Member States shall draw up a list of zones and agglomerations
in which ozone levels meet the long-term objectives. They shall
maintain the levels of ozone in those zones and agglomerations
below the long-term objectives and shall endeavour to preserve
the best ambient air quality compatible with sustainable devel-
opment.

Member States shall draw up a list of zones and agglomerations
in which ozone levels meet the long-term objectives. They shall
maintain the levels of ozone in those zones and agglomerations
below the long-term objectives and shall endeavour to preserve
the best ambient air quality compatible with sustainable devel-
opment and a high level of environmental and human health
protection.

Article 6

Unchanged

Dissemination of up-to-date information, information
thresholds and alert thresholds

1. Member States shall take appropriate steps to disseminate
up-to-date information on ambient concentrations of ozone to
the public as well as to appropriate organisations representing
the interests of sensitive population groups and other relevant
health care bodies, by means, for example, of the broadcasting
media, the press,
information screens or computer network
services. This shall include information on relevant precursor
substances in so far as these are not covered by existing
Community legislation.

1. Member States shall ensure that up-to-date information
on ambient concentrations of ozone is routinely made available
to the public as well as to appropriate organisations such as
environmental organisations, consumer organisations, organi-
sations
sensitive population
groups and other relevant health care bodies, by means, for
information
example, of
the broadcasting media, the press,
include
screens or computer network services. This
information on relevant precursor substances in so far as
these are not covered by existing Community legislation.

representing the interests of

shall

This information shall be updated on at least a daily basis and,
wherever appropriate and practicable, on an hourly basis.

Unchanged

Such information shall at
indicate all exceedances of
least
concentrations in the long-term objectives, target values and
information and alert thresholds and, where appropriate, the
reference levels given in Section III of Annex II, for the relevant
averaging period. It shall also provide a short assessment in
relation to the long-term objectives and the information and
alert thresholds, and appropriate information regarding effects
on health.

2.
The information threshold and the alert threshold for
concentrations of ozone in ambient air are given in Section I
of Annex II. Details supplied to the public in accordance with
Article 10 of Directive 96/62/EC when either threshold is
exceeded shall
include as a minimum the items listed in
Section II of Annex II. Member States shall where practicable
also take steps to supply such information when an exceedance
of the information threshold or alert threshold is predicted.

Information supplied under paragraphs 1 and 2 shall be

3.
clear, comprehensible and accessible.

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INITIAL PROPOSAL

AMENDED PROPOSAL

Article 7

Short-term action plans

In accordance with Article 7(3) of Directive 96/62/EC, Member
States shall draw up action plans, indicating measures to be
taken in the short term where there is a risk of exceedances of
the alert threshold and where there is likely to be significant
potential for reducing that risk or for reducing the duration
and severity of any exceedance.

In accordance with Article 7(3) of Directive 96/62/EC, Member
States shall draw up action plans, at appropiate administrative
indicating specific measures to be taken in the short
levels,
term where there is a risk of exceedances of
the alert
threshold and where there is likely to be significant potential
for reducing that risk or for reducing the duration and severity
of any exceedance of the alert threshold.

For this purpose, Member States shall investigate and assess the
reduction potential of those short-term measures, taking into
account the criteria specified in the guidance referred to in
Article 12.

Unchanged

Member States shall also have regard to that guidance when
developing and implementing the short-term action plans.

Member States shall
inform the public, appropriate organi-
sations such as environmental organisations, consumer organi-
sations, organisations representing the interests of sensitive
population groups and health care bodies about both the
results of their investigations and the content and implemen-
tation of specific short-term action plans.

Article 8

Unchanged

Transboundary pollution

1. Where ozone concentrations exceeding target values or
long-term objectives are due largely to precursor emissions in
the Member States concerned shall
other Member States,
cooperate, where appropriate, in drawing up joint plans and
programmes in order to attain the target values or long-term
objectives as far as possible. The Commission may assist in
those efforts. In carrying out its obligations under Article 11,
the Commission shall consider whether further action should
be taken at Community level
in order to reduce precursor
emissions responsible for such transboundary ozone pollution.

if

shall,

States

appropriate, prepare

and
2. Member
short-term action plans under Article 7
implement
joint
in different Member States.
covering neighbouring zones
Member States
in
different Member States which have developed short-term
action plans receive all appropriate information.

shall ensure that neighbouring zones

3. Where exceedances of the information threshold or alert
threshold occur in zones close to national borders, information
should be provided as soon as possible to the competent auth-
orities in the neighbouring Member States concerned in order
to facilitate the provision of information to the public in those
States.

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4.
In drawing up plans and programmes referred to in
paragraph 1 and 2 and in informing the public as referred
to in paragraph 3 Member States shall, where appropriate,
pursue cooperation between Member States and accession
candidate countries.

Article 9

Unchanged

Assessment of concentrations of ozone and precursor
substances in ambient air

1. Measurements are mandatory in zones where exceedance
of a long-term objective for ozone has occurred during the
previous five years of measurements. Where fewer than five
to determine
years’ data are available Member States may,
short
exceedances,
duration at times and locations likely to be typical of
the
highest pollution levels with results obtained from emission
inventories and modelling.

combine measurement

campaigns of

2.
Annex IV sets out criteria for determining the location of
sampling points for the measurement of ozone and relevant
precursor substances.

3.
Section I of Annex V sets out the minimum number of
fixed sampling points for continuous measurement of ozone in
each zone or agglomeration within which measurement
is
mandatory, if measurement is the sole source of information
for assessing air quality.

4.
In zones and agglomerations within which measurements
of ozone are mandatory, continuous measurements of nitrogen
dioxide shall also be made at a minimum of 50 % of the ozone
sampling points to be located in each zone or agglomeration in
accordance with Section I of Annex V.

is

supplemented

For zones and agglomerations within which information
5.
from fixed measurement
by
stations
information from other sources such as objective estimation,
modelling, random sampling and indicative measurement, the
total number of sampling points specified in Section I of
Annex V may be reduced by one-third. The number of
stations remaining shall be sufficient
to enable assessment
within the accuracy limits specified in Annex VII, and at
least one sampling point must be retained in each zone or
agglomeration.
shall be
measured at all such remaining sampling points except at
rural background stations.

case nitrogen dioxide

In this

6. Measurements shall also be made in zones where concen-
trations are below the long-term objectives. In this case the
number of
be
continuous measurement
determined in accordance with Section II of Annex V.

stations

shall

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least one
Each Member State shall ensure that at
7.
the
measuring station to supply data on concentrations of
ozone precursor substances listed in Annex VI
is installed
and operated in its territory. Each Member State shall choose
the number and siting of the stations at which ozone precursor
the
substances are to be measured,
objectives, methods and recommendations laid down in the
said Annex.

taking into account

As part of the guidance developed under Article 12, guidelines
for an appropriate strategy to measure ozone precursor
substances shall be developed,
taking into account existing
in Community legislation and the EMEP (1)
requirements
programme.

8.
Reference methods for analysis of ozone are set out in
Section I of Annex VIII. Section II of Annex VIII sets out
reference techniques for air quality modelling and objective
estimation.

Any amendments necessary to adapt

9.
this Article and
Annexes IV to VIII to scientific and technical progress shall
be adopted in accordance with the procedure set out
in
Article 12 of Directive 96/62/EC.

Article 10

Transmission of information and reports

1. When forwarding information to the Commission under
Article 11 of Directive 96/62/EC, Member States shall also:

(a) send to the Commission annually and no later than nine
months following the end of each calendar year the lists of
zones and agglomerations referred to in Article 3(2), Article
4(2) and Article 5 of this Directive;

(b) send to the Commission the plans or programmes referred
to in Article 3(3) of this Directive no later than two years
after the end of the year during which exceedances of the
target values for ozone were observed;

(c) inform the Commission every three years of the progress of

any such plan or programme.

___________
(1) The cooperative programme for monitoring and evaluation of the

long-range transmission of air pollution in Europe.

(d) inform the Commission of the results of any investigation
and of concluding decisions on short-term action plans and
of the content of any such plans prepared in accordance
with Article 7 of this Directive. Member States shall also
such
provide
short-term actions.

annually details of

application of

the

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2. Member States shall also:

Unchanged

(a) for each month from April to September each year, send to
the Commission, on a provisional basis, by no later than
the end of the following month, the information specified
in Annex III to this Directive;

(b) for each year, send to the Commission by no later than 1
validated

following

July of
calendar
information specified in Annex III;

year

the

the

(c) within nine months of

Commission the annual average concentration for
year of
Annex VI;

the end of each year, send the
that
specified in

the ozone precursor

substances

(d) forward to the Commission every three years within the
framework of the sectoral report referred to in Article 4 of
Council Directive 91/692/EEC (1) and no later
than 9
months after the end of each three-year period:

(i) information reviewing the levels of ozone observed or
in the zones and agglom-
assessed, as appropriate,
erations referred to in Articles 3(2), Article 4(2) and
Article 5 of this Directive;

(ii) information on any measures taken or planned under

Article 4(2) of this Directive;

(iii) information regarding decisions on short-term action
plans and concerning the design of any such plans
prepared in accordance with Article 7 of this Directive.

Deleted

3.

The Commission shall:

Unchanged

(a) publish annually a list of the zones and agglomerations
submitted pursuant to paragraph 1(a) and, by the end of
October each year, a report on the ozone situation during
the current summer and the preceding calendar year;

(b) publish the information submitted by Member States in a
form that, where practicable, enables direct comparison
between the performance of Member States;

(b) check the implementation of

the plans or programmes
submitted pursuant to paragraph 1(b) by examining their
progress and the trends in air pollution;

(c) check the implementation of

the plans or programmes
submitted pursuant to paragraph 1(b) by examining their
progress and the trends in air pollution, taking account of
the meteorological conditions;

(c) take

the

into account

information provided under
paragraphs 1 and 2 in preparing three-yearly reports on
ambient air quality in accordance with Article 11(2) of
Directive 96/62/EC;

___________
(1) OJ L 377, 31.12.1991, p. 48.

(d) take

the

into account

information provided under
paragraphs 1 and 2 in preparing three-yearly reports on
ambient air quality in accordance with Article 11(2) of
Directive 96/62/EC;

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(d) arrange

exchange

appropriate

and
forwarded in accordance with paragraph
regarding the design and implementation of

information

of

experience
2(d)(iii)
short-term action plans.

(e) arrange

exchange

appropriate

and
forwarded in accordance with paragraph
regarding the design and implementation of

information

of

experience
2(d)(iii)
short-term action plans.

4.
The Commission will, as necessary, call upon the
expertise available in the European Environment Agency in
drafting the reports referred to in paragraph 3(a) and (c).

Unchanged

The date by which Member States shall

inform the
5.
Commission of
the preliminary
the methods used for
assessment of air quality under Article 11(1)(d) of Directive
96/62/EC shall be 18 months after the entry into force of
this Directive.

Article 11

Review and reporting

1.
The Commission shall submit to the European Parliament
and the Council by [31 December 2004] at the latest a report
based on experience of the application of this Directive, and in
particular on the findings of the most recent scientific research
into the effects on human health and the environment of
exposure
to ozone, and on technological developments,
including progress achieved in methods of measuring and
otherwise assessing concentrations.

1.
The Commission shall submit to the European Parliament
and the Council by [31 December 2004] at the latest a report
based on experience of the application of this Directive, and in
particular on the findings of the most recent scientific research
into the effects on human health and the environment of
exposure
to ozone, and on technological developments,
including progress achieved in methods of measuring and
otherwise assessing concentrations and evolution of ozone
concentrations throughout Europe. The report shall compare
model predictions with actual measurements.

2.
The report shall include a review of the provisions of this
Directive in the light of the most recent scientific research
concerning in particular
the effects of ozone on human
health and the environment.

2.
The report shall include a review of the provisions of this
Directive in the light of the most recent scientific research
concerning in particular
effects of ozone on the
the
environment and on human health, specifically taking into
account sensitive population groups.

The report shall be presented as an integral part of an air
3.
quality strategy designed to review and propose Community air
quality objectives and develop implementing strategies
to
ensure achievement of those objectives.

Unchanged

The strategy shall take into account:

(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,
in
particular the information received from Member States
regarding plans and programmes developed and imple-
mented in accordance with Articles 3 and 4 of
this
Directive, experience in implementing short-term action
plans under Article 7 of this Directive and the conditions
under which air quality measurement has been carried out;

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(b) transport of pollution across national boundaries;

(b) transport of pollution across national boundaries, taking
account of
the progress made by accession candidate
countries as regards preparations for the implementation
of Community air quality legislation;

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

Unchanged

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 in polluting
taking account of

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

(f) relationships between pollutants, and opportunities

for
combined strategies to achieve Community air quality and
related objectives;

(f) relationships between pollutants, and opportunities

for
combined strategies to achieve Community air quality and
related objectives,
in particular those relating to climate
change;

(g) 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;

Unchanged

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

and for the exchange of
States and the Commission;

(i) with specific regard to ozone, the potential to achieve the
long-term objective, based on the guidelines of the WHO,
within a foreseeable time period.

The report shall be accompanied as appropriate by

4.
proposals to amend this Directive.

Article 12

Guidance

The

Commission

1.
for
shall
implementing the provisions of this Directive. In so doing, it
will call upon the expertise available in the Member States, the
European Environment Agency and other expert bodies, as
appropriate.

guidance

develop

2.
The guidance shall be adopted in accordance with the
procedure laid down in Article 12(2) of Directive 96/62/EC.
Such guidance shall not have the effect of modifying the target
values,
threshold or information
threshold either directly or indirectly.

long-term objectives, alert

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INITIAL PROPOSAL

AMENDED PROPOSAL

Article 13

Penalties

Member States shall lay down the rules on penalties applicable
to infringements of the national provisions adopted pursuant to
this Directive and shall take all measures necessary to ensure
that they are implemented. The penalties provided for must be
effective, proportionate and dissuasive.

Article 14

Transposition

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive and shall apply those provisions from 1 January
(2001). They shall forthwith inform the Commission thereof.

When Member States adopt those provisions, they shall contain
a reference to this Directive or 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 15

Repeal

Directive 92/72/EC shall be repealed from [date in Article 14].

Article 16

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 17

Addressees

This Directive is addressed to the Member States.

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DEFINITIONS, TARGET VALUES AND LONG-TERM OBJECTIVES FOR OZONE

ANNEX I

I. Definitions

All values are to be expressed in (cid:236)g/m3. The volume must be standardised at the following conditions of
temperature and pressure: 293 K and 101.3 kPa. The time is to be specified in Central European Time.

AOT40 means the sum of the difference between hourly concentrations greater than 80 (cid:236)g/m3 (= 40 parts per
billion) and 80 (cid:236)g/m3 over a given period using only the 1 hour values measured between 8 a.m. and 8 p.m.
Central European Time each day.

In order to be valid, the annual data on exceedances used to check compliance with the target values and long-term
objectives below must meet the criteria laid down in Section II of Annex III.

II. Target values for ozone

Parameter

Target value

Year by which the target
value must be
attained as far as possible (1)

1. Target value for the
protection of human
health

Highest
8-hour mean
within one day, calculated
running
from hourly
8-hour averages

to

not

120 (cid:236)g/m3
be
exceeded on more than
20 days per calendar year
averaged
three
years (2)

over

2. Target value for the
protection of vegeta-
tion

AOT40, calculated from
1-hour values from May
to July

17 000 (cid:236)g/m3 h averaged
over five years (2)

2010

2010

(1) Compliance with target values will be assessed as of this date. That is, 2010 will be the first year the data for which is used in

calculating compliance over the following three or five years, as appropriate.

(2) If the three or five year averages cannot be determined on the basis of a full and consecutive set of annual data, the minimum

annual data required for checking compliance with the target values will be as follows:
(cid:151) for the target value for the protection of human health: valid data for one year
(cid:151) for the target value for the protection of vegetation: valid data for three years.

III. Long-term objectives for ozone

1. Long-term objective

for
protection of human health

the

Parameter

Highest 8-hour mean within a
calendar
from
hourly running 8-hour averages

calculated

year,

Long-term objective not to
be exceeded

120 (cid:236)g/m3

2. Long-term objective

for

the

protection of vegetation

AOT40, calculated from 1-hour
values from May to July

6 000 (cid:236)g/m3 h

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INFORMATION AND ALERT THRESHOLDS; ADDITIONAL REFERENCE LEVELS FOR INFORMING THE
PUBLIC

ANNEX II

I. Information and alert thresholds for ozone

Parameter

Information threshold

1-hour average

Alert threshold

1-hour average

Threshold

180 (cid:236)g/m3

140 (cid:236)g/m3

II. Minimum details to be supplied to the public when the information or alert threshold is exceeded or

exceedance is predicted

Details to be supplied to the public on a sufficiently large scale as soon as possible should include as a minimum:

1. Information on observed exceedance(s):

(cid:151) Location or area of the exceedance;

(cid:151) Type of threshold exceeded (information or alert);

(cid:151) Time and duration of the exceedance;

(cid:151) Highest 1-hour and 8-hour mean concentration.

2. Forecast for the following afternoon/day(s):

(cid:151) Time period and geographical area of expected exceedances of information and/or alert threshold;

(cid:151) Predicted 1-hour maximum concentration or range of concentration;

(cid:151) Expected change in pollution (improvement, stabilisation, or deterioration);

(cid:151) Reason for occurrence and/or expected change in the situation.

3. Information on type of population concerned, possible health effects and recommended conduct:

(cid:151) Information on population groups at risk;

(cid:151) Description of likely symptoms;

(cid:151) Recommended precautions to be taken by the population concerned;

(cid:151) Where to find further information.

4. Information on preventive action to reduce pollution:

Indication of main source sectors; recommendations for action to reduce emissions.

III. Reference levels relating to damage to materials and forests, and visible damage to crops

Target

Reference level

Averaging/accumulation time

Type of station

Visible damage
to crops

AOT40 =
400 (cid:236)g/m3 h and
AOT40 =
1 000 (cid:236)g/m3 h

Daily running period
of 5 consecutive days;
maximum value

Station targeted at
protection of
vegetation

Damage to
materials

Damage to
forests

40 (cid:236)g/m3

Yearly mean

Any

AOT40 =
20 000 g/m3 h

April-September

Station targeted at
protection of
vegetation

Recommended
frequency
of publication

Monthly, yearly

Yearly

Yearly

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INFORMATION SUBMITTED BY MEMBER STATES TO THE COMMISSION AND CRITERIA FOR AGGRE-
GATING DATA AND CALCULATING STATISTICAL PARAMETERS

ANNEX III

I. Information to be submitted to the Commission

The following table stipulates the type and amount of data Member States are to submit to the Commission:

Target

Type of station

Reference level

Averaging/
accumulation time

Reports for each month
from April to September

Report for each year

Information
threshold

Any

180 (cid:236)g/m3

1-hour

Alert
threshold

Any

240 (cid:236)g/m3

1-hour

(cid:151) for

day

with
each
total
exceedance(s): date,
exceedance,
of
hours
maximum 1-hour ozone
and related NO2 values;

(cid:151) for

day

with
each
total
exceedance(s): date,
exceedance,
of
hours
maximum 1-hour ozone
and related NO2 values;

(cid:151) monthly
ozone

1-hour max.

(cid:151) for

day

each

with
total
exceedance(s): date,
hours
exceedance,
of
maximum 1-hour ozone
and related NO2 values;

(cid:151) for

day

with
each
total
exceedance(s): date,
hours
exceedance,
of
maximum 1-hour ozone
and related NO2 values;

Health
protection

Any

120 (cid:236)g/m3

8-hours

(cid:151) for

each day with ex-
ceedance(s): date, 8-hours
max.

(cid:151) for

each day with ex-
ceedance(s): date, 8-hours
max.

Vegetation
protection

Suburban, rural,
rural background

AOT40 (1) =
6 000 (cid:236)g/m3 h

1-hour
accumulated from
May-July

Once in September

Value

Short-term
vegetation
protection

Suburban, rural,
rural background

AOT40 (1) =
400 (cid:236)g/m3 h and
AOT40 (1) =
1 000 (cid:236)g/m3 h

1-hour
accumulated over
five-day period

Forest
protection

Suburban, rural,
rural background

AOT40 (1) =
20 000 (cid:236)g/m3 h

1-hour
accumulated from
April-September

Materials

Any

40 (cid:236)g/m3

Year

(cid:151)

(cid:151)

(cid:151)

Max., 98 %, 50 % value from
the
running AOT40
values

daily

Value

Value

(1) Sum of the difference between hourly concentrations greater than 80 (cid:236)g/m3 and 80 (cid:236)g/m3 using the values measured between 8.00 and 20.00 Central European Time

each day.

As part of the yearly reporting, the following must also be provided:

(cid:151) for ozone and the sum of ozone and nitrogen dioxide (expressed in (cid:236)g/m3), the maximum, 99.9th, 98th, 50th

percentile and number of valid data from hourly series,

(cid:151) the maximum, 98th, and 50th percentile from the series of daily 8-hour maxima,

(cid:151) the annual average of nitrogen dioxide and nitrogen oxide (1) (NOx).

(1) Sum of nitric oxide and nitrogen dioxide added as parts per billion and expressed as nitrogen dioxide in (cid:236)g/m3.

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The information specified in Annex II of Council Decision 97/101/EC (1), concerning new stations is to be submitted
together with the first data submission, if it has not already been delivered under the framework of the said Council
Decision.

Data submitted in the monthly reports are considered provisional and are to be updated, if necessary, in subsequent
submissions.

II. Criteria for aggregating data and calculating statistical parameters

Percentiles are to be calculated using the method specified in Council Decision 97/101/EC.

The following criteria are to be used for checking validity when aggregating data and calculating statistical
parameters:

Parameter

Required proportion of valid data

1-hour values

8-hour values

AOT40

Annual mean

75 % (i.e. 45 minutes)

75 % of 1-hour values (i.e. 6 hours)

90 % of the 1-hour values over the time period defined for
calculating the AOT40 value

75 % of the 1-hour values over summer (April-September)
and winter (January-March, October-December) seasons sepa-
rately

Number of exceedances and maximum values
per month

90 % of the daily maximum 8-hour mean values
(23 available daily values per month)

90 % of the 1-hour values between 8.00 and 20.00 Central
European Time

Number of exceedances and maximum values
per year

five out of six months over the summer season
(April-September)

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

CRITERIA FOR CLASSIFYING AND LOCATING SAMPLING POINTS FOR ASSESSMENTS OF OZONE
CONCENTRATIONS

ANNEX IV

The following considerations apply to fixed measurements:

I. Macroscale siting

Type of station

Objectives of measurement

Representativeness

Macroscale
siting criteria

Urban

Protection of human health: to
assess the exposure of the urban
i.e. where
population to ozone,
and ozone
population density
concentration are relatively high

A few km2

Away from the influence of
emissions
such as
stations, etc.

local
traffic, petrol

Vented locations where well mixed
levels can be measured

Locations such as residential and
commercial areas of cities, parks
(away from the trees), big streets
or squares with very little or no
traffic, open areas characteristic of
educational,
recreation
sports or
facilities

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Type of station

Objectives of measurement

Representativeness

Macroscale
siting criteria

Suburban

Some
km2

tens

of

Protection of human health and
to determine
vegetation:
the
the population and
exposure of
located
vegetation
the
outskirts of
the agglomeration,
where ozone levels tend to be
highest.

in

At a certain distance from the area
of maximum emissions, downwind
following the main wind direction/
directions
conditions
during
favourable to ozone formation

Where population, sensitive crops
or natural ecosystems located in
the outer
fringe of an agglom-
eration are exposed to high ozone
levels

Where appropriate, some suburban
stations also upwind of the area of
maximum emissions,
in order to
determine the regional background
levels of ozone

Rural

to determine

Protection of human health and
the
vegetation:
crops
exposure of population,
and
to
sub-regional scale ozone concen-
trations

ecosystems

natural

Sub-regional
levels
(a few 100 km2)

Stations can be located in small
settlements
areas with
and/or
natural ecosystems, forests or crops

for ozone

away
Representative
immediate
from the influence of
local emissions such as industrial
installations and roads

At open area sites, but not on
higher mountain tops

Rural background

to assess

Protection of vegetation and
human health:
the
exposure of crops and natural
ecosystems
regional-scale
to
ozone concentrations as well as
exposure of the population

Regional/
national/conti-
nental levels
(1 000 to
10 000 km2)

Station located in areas with lower
e.g. with
density,
population
natural
far
forests,
ecosystems,
removed from urban and industrial
from local
away
areas
emissions

and

Avoid locations which are subject
to locally enhanced formation of
inversion conditions,
ground-near
also summits of higher mountains

sites with

Coastal
diurnal wind
character are not recommended

pronounced
local

cycles

of

For rural and rural background stations, consideration should be given, where appropriate, to coordination with
the monitoring requirements of Commission Regulation (EC) No 1091/94 concerning protection of
the
Community’s forests against atmospheric pollution (1).

II. Microscale siting

The following guidelines should be followed, as far as practicable:

1. The flow around the inlet sampling probe should be unrestricted (free in an arc of at least 270(cid:176)) without any
obstructions affecting the air flow in the vicinity of the sampler, i.e. away from buildings, balconies, trees, and
other obstacles by more than twice the height the obstacle protrudes above the sampler.

2. In general, the inlet sampling point should be between 1.5 m (the breathing zone) and 4 m above the ground.

Higher positions are possible for urban stations in some circumstances and in wooded areas.

(1) OJ L 125, 18.5.1994, p. 1.

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3. The inlet probe should be positioned well away from such sources as furnaces and incineration flues and more

than 10 m from the nearest road, with distance increasing as a function of traffic intensity.

4. The sampler’s exhaust outlet should be positioned so as to avoid re-circulation of exhaust air to the sampler

inlet.

The following factors may also be taken into account:

1.

interfering sources;

2. security;

3. access;

4. availability of electrical power and telephone communications;

5. visibility of the site in relation to its surroundings;

6. safety of public and operators;

7.

the desirability of collocating sampling points for different pollutants;

8. planning requirements.

III. Documentation and review of site selection

Site selection procedures should be fully documented at the classification stage by such means as compass point
photographs of the surroundings and a detailed map. Sites should be reviewed at regular intervals with repeated
documentation to ensure that selection criteria are still being met.

This requires proper screening and interpretation of the monitoring data in the context of the meteorological and
photochemical processes affecting the ozone concentrations measured at the respective site.

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CRITERIA FOR DETERMINING THE MINIMUM NUMBER OF SAMPLING POINTS FOR FIXED
MEASUREMENT OF CONCENTRATIONS OF OZONE AND RELEVANT PRECURSOR SUBSTANCES

ANNEX V

I. Minimum number of sampling points for fixed continuous measurements to assess compliance with the
target values, long-term objectives and information and alert thresholds where continuous measurement is
the sole source of information

Population
((cid:215) 1 000)

< 250

< 500

< 1 000

< 1 500

< 2 000

< 2 750

< 3 750

> 3 750

Agglomerations

Other zones

Urban

Suburban

Suburban

Rural

Rural background

1 station/
50 000 (1) km2 as
an average density
over all zones per
country

1

2

2

3

3

4

1 additional
station per
2 m inhabitants

1

1

1

1

1

1

1

1

1

2

2

2

1

1

2

3

4

5

7

1 additional
station per
0,5 m inhabitants

(1) One station per 25 000 km2 for complex terrain in regions below 55 (cid:176)N latitude.

II. Minimum number of sampling points for fixed measurements for zones and agglomerations attaining the

long-term objectives

The number of sampling points for ozone must, in combination with other means of supplementary assessment
such as air quality modelling and collocated nitrogen dioxide measurements, be sufficient to examine the trend of
ozone pollution and check compliance with the long-term objectives. The number of stations located in suburban
areas of agglomerations and in rural areas around agglomerations may be reduced to one-third of the number
specified in Section I. If the result of this is that a zone has no remaining station, coordination with the number of
long-term
stations in neighbouring zones must ensure adequate assessment of ozone concentrations against
objectives. The number of rural background stations should be 1 per 100 000 km2.

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ANNEX VI

MEASUREMENTS OF OZONE PRECURSOR SUBSTANCES

Objectives

The main objectives of such measurements are to analyse any trend in ozone precursors, to check the efficiency of
emission reduction strategies, to check the consistency of emission inventories and to help attribute emission sources to
pollution concentration.

An additional aim is to support the understanding of ozone formation and precursor dispersion processes, as well as the
application of photochemical models.

Substances

Measurement of ozone precursor substances must include at least nitrogen oxide, carbon monoxide and appropriate
volatile organic compounds (VOC). A list of volatile organic compounds recommended for measurement is given below.

Methane

Ethane

Ethylene

Acetylene

Propane

Propene

n-Butane

i-Butane

1-Butene

trans-2-Butene

cis-2-Butene

1.3-Butadiene

n-Pentane

i-Pentane

1-Pentene

2-Pentene

Isoprene

n-Hexane

i-Hexene

n-Heptane

n-Octane

i-Octane

Benzene

Toluene

Ethyl benzene

m+p-Xylene

o-Xylene

1.2.4-Trimeth. Benzene

1.2.3-Trimeth. Benzene

1,3,5-Trimeth. Benzene

Formaldehyde

Total non-methane
Hydrocarbons

Reference methods

The reference method specified in Directive 85/203/EEC or in subsequent Community legislation will apply for nitrogen
oxides.

The method to be specified in future legislation pursuant to Directive 96/62/EC is to be used for carbon monoxide once
it has entered into force.

Each Member State must inform the Commission of the methods it uses to sample and measure VOC. The Commission
must carry out intercomparison exercises as soon as possible and investigate the potential for defining reference
methods
to improve the comparability and precision of
measurements for the review of this Directive in accordance with Article 11.

sampling and measurement

for precursor

in order

Siting

Measurements should be taken in particular in urban and suburban areas at any monitoring site set up in accordance
with the requirements of Directive 96/62/EC and considered appropriate with regard to the above monitoring
objectives.

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DATA QUALITY OBJECTIVES AND COMPLICATION OF THE RESULTS OF AIR QUALITY ASSESSMENT

ANNEX VII

I. Data quality objectives

The following data quality objectives are proposed to ensure the requisite accuracy of assessment methods:

Continuous measurement

Accuracy of individual measurements

15 %

For ozone, NO and NO2

Minimum data capture

Indicative measurement

Accuracy of individual measurements

Minimum data capture

Minimum time coverage

Modelling

Accuracy

1-hour averages (daytime)

8-hour daily maximum

Objective estimation

Accuracy

90 % during summer

75 % during winter

30 %

90 %

10 % during summer period

50 %

50 %

75 %

Accuracy of measurement has the definition given in the (cid:145)Guide to the Expression of Uncertainty 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 for calculating target
values and long-term objectives, for a 95 % confidence interval. The accuracy for continuous measurements should
be interpreted as being applicable in the region of the concentration used for the appropriate threshold.

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

Time coverage is defined as the percentage of the time considered for setting the threshold value during which the
pollutant is measured. Data capture is defined as the percentage of the time of measurement during which the
instrument produces valid data. The requirements for minimum data capture and time coverage do not include
losses of data due to the regular calibration or normal maintenance of the instrumentation.

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:

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

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

(cid:151) Sources of data and information;

(cid:151) A description of results, including accuracies and, in particular, the extent of any area within the zone or

agglomeration over which concentrations exceed long-term objectives or target values;

(cid:151) For long-term objectives or target values whose object is the protection of human health, the population

potentially exposed to concentrations in excess of the threshold.

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

III. Standardisation

For ozone the volume must be standardised at the following conditions of temperature and pressure: 293 K,
101.3 kPa. For nitrogen oxides
in subsequent
Community legislation will apply.

the standardisation specified in Directive 85/203/EEC or

REFERENCE METHOD FOR ANALYSIS OF OZONE AND CALIBRATION OF OZONE INSTRUMENTS

ANNEX VIII

I. Reference method for analysis of ozone and calibration of ozone instruments

(cid:151) Analysis method: UV photometric method (ISO FDIS 13964)

(cid:151) Calibration method: Reference UV photometer (ISO FDIS 13964, VDI 2468, Bl. 6)

This method is being standardised by the CEN (1). Once the latter has published the relevant standard, the method
and techniques described therein will constitute the reference and calibration method in this Directive.

Member States may use any other method for analysing ozone which they can demonstrate as giving equivalent
results to the above method.

II. Reference modelling technique for ozone

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

(1) European Committee for Standardisation.