Common Position (EC) No 16/2001 of 8 March 2001 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to adopting a Directive of the European Parliament and of the Council relating to ozone in ambient air
Date: 2001-03-08
Institutions: Council of the European Union
Subjects: drafting of EU law, environmental protection, health policy, ozone, physical environment, pollution control

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I

(Information)

COUNCIL

COMMON POSITION (EC) No 16/2001

adopted by the Council on 8 March 2001

with a view to the adopting Directive 2001/.../EC of the European Parliament and of the Council
of ... relating to ozone in ambient air

(2001/C 126/01)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Having regard to the Treaty establishing the European Com-
munity, 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),

Having regard to the opinion of
Regions (3),

the Committee of

the

Acting in accordance with the procedure laid down in
Article 251 of the Treaty (4),

Whereas:

(1) On the basis of principles enshrined in Article 174 of
the Treaty, the fifth environmental action programme,
approved by resolution of the Council and the representa-
tives of the Governments of the Member States meeting
within the Council of 1 February 1993 on a Euro-
pean Community programme of policy and action in
relation to the environment and sustainable develop-
ment (5) and supplemented by Decision No 2179/98/
EC (6) envisages, in particular, amendments to existing

(1) OJ C 56 E, 29.2.2000, p. 40, as amended by OJ C 29 E, 30.1.2001,

p. 291.

(2) OJ C 51, 23.2.2000, p. 11.
(3) OJ C 317, 6.11.2000, p. 35.
(4) Opinion of the European Parliament of 15 March 2000 (OJ C
377, 29.12.2000, p. 154), Council Common Position of 8 March
2001 and Decision of the European Parliament of ... (not yet
published in the Official Journal).

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

(2)

(3)

(4)

legislation on air pollutants. The said programme rec-
ommends the establishment of long-term air quality
objectives.

Pursuant to Article 4(5) of Council Directive 96/62/EC
of 27 September 1996 on ambient air quality assessment
and management (7), the Council is to adopt the legis-
lation provided for in paragraph 1 and the provisions
laid down in paragraphs 3 and 4 of that Article.

It is important to ensure effective protection against
harmful 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 pollution requires measures to be taken at
Community level.

Directive 96/62/EC provides that numerical thresholds
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 with a view to re-examining the
elements on which such thresholds are based.

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

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(5)

(6)

(7)

Directive 96/62/EC requires limit and/or target values to
be set for ozone. In view of the transboundary nature of
ozone pollution, target values should be set at Com-
munity level for the protection of human health and for
the protection of vegetation. Those target values should
relate to the interim objectives derived from the Com-
munity integrated strategy to combat acidification and
ground level ozone, which also form the basis of
Directive 2001/…/EC of the European Parliament and
of the Council of ... on national emission ceilings for
certain atmospheric pollutants (1).

In accordance with Directive 96/62/EC, plans and
programmes should be implemented in respect of zones
and agglomerations within which ozone concentrations
exceed target values in order to ensure that target values
are met as far as possible by the date specified. Such
plans and programmes should to a large extent refer to
control measures to be implemented in accordance with
relevant Community legislation.

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 and acidification abatement strategy and its aim
of closing the gap between current ozone levels and the
long-term objectives as far as possible.

(8) Measurements should be mandatory in zones with
exceedances of the long-term objectives. Supplementary
means of assessment may reduce the required number
of fixed sampling points.

(9)

An alert threshold for ozone should be set for the
protection of the general population. An information
threshold should be set to protect sensitive sections of
the population. Up-to-date information on concen-
trations of ozone in ambient air should be routinely
made available to the public.

(10) Short-term action plans should be drawn up where the
risk of exceedances of the alert threshold can be reduced
significantly. The potential for reducing the risk, duration
and severity of exceedances should be investigated and
assessed. Local measures should not be required where
examination of benefits and costs shows them to be
disproportionate.

(11) The transboundary nature of ozone pollution may
require some coordination between neighbouring Mem-
ber States in drawing up and implementing plans,
programmes and short-term action plans and in
informing the public. Where appropriate, Member States
should pursue cooperation with non-member countries,
with particular
emphasis on accession candidate
countries.

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

(13) The Commission should review 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. The Com-
mission’s report should be presented as an integral part
of an air quality strategy designed to review and
propose Community air quality objectives and develop
implementing strategies to ensure achievement of those
objectives. In this context, the report should take into
account the potential to achieve the long-term objectives
within a specified time period.

(14) 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 (2).

(15) Since the objectives of the proposed action ensuring
effective protection against harmful 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 pollution and can therefore be better achieved at
Community level, the Community may adopt measures,
in accordance with the principle of subsidiarity as set
out in Article 5 of the Treaty. In accordance with the
principle of proportionality, as set out in that Article,
this Directive does not go beyond what is necessary in
order to achieve those objectives.

(16) Council Directive 92/72/EEC of 21 September 1992 on

air pollution by ozone (3) should be repealed,

(1) OJ L ...

(2) OJ L 184, 17.7.1999, p. 23.
(3) OJ L 297, 13.10.1992, p. 1.

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HAVE ADOPTED THIS DIRECTIVE:

Article 1

Objectives

The purpose of this Directive is:

(a)

(b)

(c)

(d)

(e)

to establish long-term objectives, target values, an alert
threshold and an information threshold for concen-
trations 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;

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;

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

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

to promote increased cooperation between the Member
in reducing ozone levels, use of the potential
States,
of
transboundary measures and agreement on such
measures.

Article 2

Definitions

For the purposes of this Directive:

‘ambient air’ means outdoor air in the troposphere,
excluding workplaces;

‘pollutant’ 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;

6.

7.

8.

9.

10.

11.

12.

13.

‘fixed measurements’ means measurements taken in
accordance with Article 6(5) of Directive 96/62/EC;

‘zone’ means part of the territory of a Member State as
delimited by it;

‘agglomeration’ 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;

‘target value’ 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 where possible
over a given period;

‘long-term objective’ means an ozone concentration in
the ambient air below which, according to current
scientific knowledge, direct adverse effects on human
health and/or the environment as a whole are unlikely.
This objective is to be attained, as far as practicable, in
the long term with the aim of providing effective
protection of human health and the environment;

‘alert threshold’ means a level beyond which there is a
risk to human health from brief exposure for the general
population and at which immediate steps shall be taken
by the Member States as laid down in Articles 6 and 7;

‘information threshold’ means a level beyond which there
is a risk to human health from brief exposure for
particularly sensitive sections of the population and at
which up-to-date information is necessary;

‘volatile organic compounds’ (VOC) means all organic
compounds from anthropogenic and biogenic sources,
other than methane,
that are capable of producing
photochemical oxidants by reactions with nitrogen oxides
in the presence of sunlight.

Article 3

Target values

The target values for 2010 in respect of ozone concen-
1.
trations in ambient air are those set out in Section II of
Annex I.

‘ozone precursor substances’, means substances which
contribute to the formation of ground-level ozone, some
of which are listed in Annex VI;

2. Member States shall draw up a list of zones and
agglomerations 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.

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

‘assessment’ means any method used to measure, calcu-
late, predict or estimate the level of a pollutant in the
ambient air;

3.
For the zones and agglomerations referred to in para-
graph 2, Member States shall take steps, consistent with the
provisions of Directive 2001/.../EC, 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.

1.

2.

3.

4.

5.

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Where, in accordance with Article 8(3) of Directive 96/62/EC,
plans or programmes must be prepared or implemented in
respect of pollutants other than ozone, Member States shall,
where appropriate, prepare and implement integrated plans or
programmes covering all the pollutants concerned.

(a)

to ensure that up-to-date information on concentrations
of ozone in ambient air is routinely made available to the
public as well as to appropriate organisations such as
environmental organisations, consumer organisations,
organisations representing the interests of sensitive popu-
lation groups and other relevant health care bodies.

The plans or programmes, referred to in paragraph 3,
4.
shall incorporate 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 organ-
isations, consumer organisations, organisations representing
the interests of sensitive population groups and other relevant
health care bodies.

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. For such
zones and agglomerations, Member States shall prepare and
implement cost effective measures with the aim of achieving
the long-term objectives as far as possible. The measures taken
shall, at least, be consistent with all plans or programmes
specified in Article 3(3). Furthermore, they shall build on
measures taken under the provisions of Directive 2001/.../EC
and other relevant existing and future EC legislation.

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

Such information shall at least indicate all exceedances of
the concentrations in the long-term objective for the
protection of health, the information threshold and alert
threshold for the relevant averaging period. It should also
provide a short assessment in relation to effects on health.

The information threshold and the alert threshold for
concentrations of ozone in ambient air are given in
Section I of Annex II;

(b)

to make available to the public and to appropriate
organisations such as environmental organisations, con-
sumer organisations, organisations representing the inter-
ests of sensitive population groups and other relevant
health-care bodies comprehensive annual reports which
shall at least indicate all exceedances of concentrations in
the long-term objective for the protection of health, the
information threshold and the alert threshold, for the
relevant averaging period, combined with, as appropriate,
a short assessment of the effects of these exceedances.
They may include, where appropriate, further information
and assessments on vegetation and forest protection, as
specified in Section I of Annex III. They may also include
information on relevant precursor substances, in so far as
these are not covered by existing Community legislation;

Article 5

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

(c)

to ensure that timely information about actual or predict-
ed exceedances of the alert threshold is provided to health
care institutions and the population.

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

The information and reports referred to above shall be
published by appropriate means, depending on the case, for
example, the broadcasting media, the press or publications,
information screens or computer network services, such as the
Internet.

Article 6

Information to the public

1. Member States shall take appropriate steps:

2.
Details supplied to the public in accordance with
Article 10 of Directive 96/62/EC when either threshold is
exceeded shall include 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 infor-
mation threshold or alert threshold is predicted.

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Information supplied under paragraphs 1 and 2 shall be

3.
clear, comprehensible and accessible.

Article 7

Short-term action plans

1.
In accordance with Article 7(3) of Directive 96/62/EC,
Member States shall draw up action plans, at appropriate
administrative levels, indicating specific measures to be taken
in the short term, for the zones where there is a risk of
exceedances of the alert threshold,
if there is a significant
potential for reducing that risk or for reducing the duration or
severity of any exceedance. Where it is found that there is no
significant potential for reducing the risk, duration or severity
of any exceedance in the relevant zones, Member States shall
be exempt from the provisions of Article 7(3) of Directive
96/62/EC. It is for Member States to identify whether there is
significant potential for reducing the risk, duration or severity
of any exceedance, taking account of the national geographical,
meteorological and economic conditions.

The design of short-term action plans, including trigger
2.
levels for specific actions,
is the responsibility of Member
States. Depending on the individual case, the plans may
provide for graduated, cost-effective measures to control and,
where necessary, reduce or suspend certain activities, including
motor vehicle traffic, which contribute to emissions which
result in the alert threshold being exceeded. These may also
include effective measures in relation to the use of industrial
plants or products.

3. When developing and implementing the short-term
action plans, Member States may consider examples of
measures (the effectiveness of which has been assessed), which
should be included in the guidance referred to in Article 12.

Article 8

Transboundary pollution

1. Where ozone concentrations exceeding target values or
long-term objectives are due largely to precursor emissions in
other Member States, the Member States concerned shall
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 should assist in
those efforts. In carrying out its obligations under Article 11,
the Commission should consider, taking into account Directive
2001/.../EC, in particular Article 9 thereof, whether further
action should be taken at Community level in order to reduce
precursor emissions responsible for such transboundary ozone
pollution.

2. Member States shall, if appropriate according to Article
7, prepare and implement
joint short-term action plans
covering neighbouring zones in different Member States.
Member States shall ensure that neighbouring zones in differ-
ent Member States, which have developed short-term action
plans, receive all appropriate information.

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
authorities in the neighbouring Member States concerned in
order to facilitate the provision of information to the public in
those States.

4.
In drawing up the 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 with non-member countries, with particu-
lar emphasis on accession candidate countries.

Article 9

Assessment of concentrations of ozone and precursor
substances in ambient air

1.
In zones and agglomerations where, during any of the
previous five years of measurement, concentrations of ozone
have exceeded a long-term objective,
fixed continuous
measurement is mandatory.

Where fewer than five years’ data are available, Member
States may, to determine exceedances, combine measurement
campaigns of short duration at times and locations likely to be
typical of the highest pollution levels with results obtained
from emission inventories and modelling.

Annex IV sets out criteria for determining the location of
sampling points for the measurement of ozone.

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 the sole
source of information for assessing air quality.

Measurements of nitrogen dioxide shall also be made at a
minimum of 50 % of the ozone sampling points required by
Section I of Annex V. Measurement of nitrogen dioxide shall
be continuous, except at rural background stations, as defined
in Section I of Annex IV, where other measurement methods
may be used.

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For zones and agglomerations within which information from
sampling points for fixed measurement is supplemented by
information from modelling and/or indicative measurement,
the total number of sampling points specified in Section I of
Annex V may be reduced, provided that:

(a)

(b)

(c)

(d)

(e)

the supplementary methods provide an adequate level of
information for the assessment of air quality with regard
to target values, information and alert thresholds;

the number of sampling points to be installed and the
spatial resolution of other techniques are sufficient for
the concentration of ozone to be established in accord-
ance with the data quality objectives specified in Section I
of Annex VII and lead to assessment results as specified
in Section II of Annex VII;

the number of sampling points in each zone or agglomer-
ation amounts to at least one sampling point per 2 million
inhabitants or one sampling point per 50 000 km2,
whichever produces the greater number of sampling
points;

each zone or agglomeration contains at least one sam-
pling point, and

nitrogen dioxide is measured at all remaining sampling
points except at rural background stations.

In this case, the results of modelling and/or indicative measure-
ment shall be taken into account for the assessment of air
quality with respect to the target values.

2.
In zones and agglomerations where, during each of the
previous five years of measurement, concentrations are below
the long-term objectives, the number of continuous measure-
ment stations shall be determined in accordance with Section II
of Annex V.

Each Member State shall ensure that at

least one
3.
measuring station to supply data on concentrations of the
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
substances are to be measured,
the
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 laid down, taking into account existing
requirements in Community legislation and the cooperative
programme for monitoring and evaluation of the long-range
transmission of air pollutants in Europe (EMEP).

5.
Any amendments necessary to adapt this Article and
Annexes IV to VIII to scientific and technical progress shall be
adopted in accordance with the procedure laid down in
Article 13(2).

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,
and, for the first time, for the calendar year following the date
referred to in Article 15(1):

(a)

(b)

send to the Commission for each calendar year no later
than 30 September of the following year the lists of zones
and agglomerations referred to in Article 3(2), Article 4(2)
and Article 5;

send to the Commission the plans or programmes
referred to in Article 3(3) no later than two years after
the end of the period 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.

2.
Furthermore, Member States shall, for the first time, for
the calendar year following the date referred to in Article 15(1):

(a)

for each month from April to September each year, send
to the Commission, on a provisional basis,

(b)

(c)

(i)

by no later than the end of the following month, for
each day with exceedance(s) of the information
and/or the alert
the following infor-
mation: date, total hours of exceedance, maximum
one-hour ozone value(s),

threshold,

(ii) by no later than 31 October each year, any other

information specified in Annex III;

for each calendar year no later than 30 September of the
following year, send to the Commission the validated
information specified in Annex III and the annual average
concentrations for that year of the ozone precursor
substances specified in Annex VI;

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
30 September following the end of each three-year period:

(i)

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

(ii)

information on any measures taken or planned
under Article 4(2), and

Reference methods for analysis of ozone are set out in
4.
Section I of Annex VIII. Section II of Annex VIII provides for
reference modelling techniques for ozone.

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

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(iii)

information regarding decisions on short-term
action plans and concerning the design and content,
and an assessment of the effects, of any such plans
prepared in accordance with Article 7.

(a)

the findings of the most recent scientific research, in the
light of the World Health Organisation’s Guidelines, into
the effects of exposure to ozone on the environment and
human health, specifically taking into account sensitive
population groups; the development of more accurate
models shall be taken into account;

3.

The Commission shall:

(a)

ensure that the information submitted pursuant to para-
graph 2(a) is promptly made available by appropriate
means and is transmitted to the European Environment
Agency;

(b)

technological developments, including progress achieved
in methods of measuring and otherwise assessing concen-
trations and evolution of ozone concentrations through-
out Europe;

(b) publish annually a list of the zones and agglomerations
submitted pursuant to paragraph 1(a) and, by 30 Novem-
ber each year, a report on the ozone situation during the
current summer and the preceding calendar year, aiming
to provide an overview of the different Member States’
situations;

(c)

(d)

(e)

check regularly 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 meteorological conditions and the
origin of the ozone precursors (biogenic or anthropog-
enic);

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

arrange appropriate exchange of information and experi-
ence forwarded in accordance with paragraph 2(c)(iii)
regarding the design and implementation of short-term
action plans.

4. When carrying out the tasks referred to in paragraph 3,
the Commission shall, as necessary, call on the expertise
available in the European Environment Agency.

The date by which Member States shall

5.
inform the
Commission of the methods used for the preliminary assess-
ment of air quality under Article 11(1)(d) of Directive 96/62/EC
shall be no later than ... (*).

Article 11

Review and reporting

The Commission shall submit to the European Parlia-
1.
ment and the Council by 31 December 2004, at the latest, a
report based on experience of the application of this Directive.
It shall report, in particular, on:

(c)

comparison of model predictions with actual measure-
ments;

(d)

the setting of, and levels for, long-term objectives, for
target values, for information and alert thresholds;

(e)

the results on the effects of ozone on crops and natural
vegetation of the International Cooperative Programme
under the UN/ECE Convention on Long-range Trans-
boundary Air Pollution.

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

(a)

(b)

the broad scope for making further reductions in pollut-
ing emissions across all relevant sources, taking account
of technical feasibility and cost-effectiveness;

relationships between pollutants, and opportunities for
combined strategies to achieve Community air quality
and related objectives;

(c)

the potential for further action to be taken at Community
level in order to reduce precursor emissions;

(d)

the progress in implementing the target values in Annex
I, including the plans and programmes developed and
implemented in accordance with Articles 3 and 4, the
experience in implementing short-term action plans
under Article 7 and the conditions, as laid down under
Annex IV, under which air quality measurement has been
carried out;

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

(e)

the potential to achieve the long-term objectives, set out
in Section III of Annex I, within a specified time period;

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(f)

(g)

(h)

current and future requirements for informing the public
and for the exchange of information between Member
States and the Commission;

Article 14

Penalties

the relationship between this Directive and expected
changes resulting from measures to be taken by the
Community and Member States in order to fulfil commit-
ments relating to climate change;

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.

transport of pollution across national boundaries taking
account of measures
taken in accession candidate
countries.

Article 15

Transposition

3.
The report shall also include a review of the provisions
of this Directive in the light of its findings and it shall be
accompanied,
if appropriate, by proposals to amend this
Directive.

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

Article 12

Guidance

The

develop

Commission

1.
for
shall
implementing this Directive by ... (*). In so doing, it will call on
the expertise available in the Member States, the European
Environment Agency and other expert bodies, as appropriate
and taking into account existing requirements in Community
legislation and EMEP.

guidance

2.
The guidance shall be adopted in accordance with the
procedure laid down in Article 13(2). Such guidance shall not
have the effect of modifying the target values,
long-term
objectives, alert threshold or information threshold either
directly or indirectly.

When Member States adopt those measures, 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 16

Repeal

Directive 92/72/EEC shall be repealed from ... (**).

Article 17

Entry into force

Article 13

Committee procedure

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

The Commission shall be assisted by the Committee

1.
established by Article 12(2) of Directive 96/62/EC.

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

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

Article 18

Addressees

This Directive is addressed to the Member States.

Done at ...

For the European Parliament

For the Council

3.

The Committee shall adopt its rules of procedure.

The President

The President

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

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

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ANNEX I

DEFINITIONS, TARGET VALUES AND LONG-TERM OBJECTIVES FOR OZONE

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 (expressed in ((cid:236)g/m3).hours) 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 one-hour values
measured between 8 a.m. and 8 p.m. central European time each day (1).

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 (1)

tion of human health

1. Target value for the protec- Maximum daily eight-hour 120 (cid:236)g/m3 not to be exceed-
ed on more than 25 days per
calendar year averaged over
three years (4)

mean (3)

2. Target value for the protec- AOT40, calculated from one- 18 000 (cid:236)g/m3.h averaged
hour values from May to July

tion of vegetation

over five years (4)

Year by which
the target value
must be attained
as far as
possible (2)

2010

2010

(1) These target values and permitted exceedance are set without prejudice to the results of the studies and of the review,
provided for in Article 11, which will take account of the different geographical and climatic situations in the European
Community.

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

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

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

(4) 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:
— for the target value for the protection of human health: valid data for one year,
— for the target value for the protection of vegetation: valid data for three years.

(1) Or the appropriate time for ultraperipheral regions.

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III.

Long-term objectives for ozone

Parameter

Long-term objective

1. Long-term objective for the protection Maximum daily eight-hour mean within a

of human health

calendar year.

120 (cid:236)g/m3

2. Long-term objective for the protection AOT40, calculated from one-hour values

of vegetation

from May to July

6 000 (cid:236)g/m3.h

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ANNEX II

INFORMATION AND ALERT THRESHOLDS

I.

Information and alert thresholds for ozone

Parameter

Threshold

Information threshold

One hour average

Alert threshold

One hour average (1)

180 (cid:236)g/m3

240 (cid:236)g/m3

(1) For the implementation of Article 7, the exceedence of the threshold is to be measured or predicted for three consecutive

hours.

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:

1.

Information on observed exceedance(s):

— location or area of the exceedance,

— type of threshold exceeded (information or alert),

— start time and duration of the exceedance,

— highest one-hour and eight-hour mean concentration;

2.

forecast for the following afternoon/day(s):

— geographical area of expected exceedances of information and/or alert threshold,

— expected change in pollution (improvement, stabilisation, or deterioration);

3.

information on type of population concerned, possible health effects and recommended conduct:

— information on population groups at risk,

— description of likely symptoms,

— recommended precautions to be taken by the population concerned,

— where to find further information;

4.

information on preventive action to reduce pollution and/or exposure to it:

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

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ANNEX III

INFORMATION SUBMITTED BY MEMBER STATES TO THE COMMISSION AND CRITERIA FOR
AGGREGATING DATA AND CALCULATING STATISTICAL PARAMETERS

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:

Type of station

Level

Averaging/
accumulation time

Provisional data
for each month
from April
to September

Report for each year

Information
threshold

Any

180 (cid:236)g/m3

One hour

— for

each

day — for each day with

exceedance(s):
date, total hours
of
exceedance,
maximum one-
hour ozone and
NO2
related
when
values,
required

with
exceed-
date,
ance(s):
total hours of
exceedance,
maximum one
hour ozone and
NO2
related
values
when
required

— monthly

one-
hour maximum
ozone

Alert
threshold

Health
protection

Vegetation
protection

Forest
protection

Any

240 (cid:236)g/m3

One hour

— for

each

day — for each day with

exceed-
with
ance(s):
date,
total hours of
exceedance,
maximum one-
hour ozone and
related
NO2
values,
when
required,

exceedance(s):
date, total hours
of
exceedance,
maximum one-
hour ozone and
NO2
related
values
when
required

Any

120 (cid:236)g/m3

Eight hours

— for

each

day — for each day with

exceed-
date,

with
ance(s):
eight-hour
maximum (2)

exceedance(s):
date,
maximum (2)

eight-hour

Suburban,
rural,
background

Suburban,
rural,
background

AOT40 (1)

= One

hour,

—

Value

rural 6 000 (cid:236)g/m3.h accumulated

from May to
July

AOT40 (1)

= One

hour,

—

Value

rural 20 000(cid:236)g/m3.h accumulated
from April
September

to

(1) See definition of AOT40 in Section I of Annex I.
(2) Maximum daily eight-hour mean, (see Annex I footnote 3).

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As part of the yearly reporting, the following must also be provided, if all available hourly data for ozone,
nitrogen dioxide and nitrogen oxides of the year in question have not already been delivered under the
framework of Council Decision 97/101/EC (1):

— for ozone, nitrogen dioxide, nitrogen oxides and the sums of ozone and nitrogen dioxide (added as parts
per billion and expressed in (cid:236)g/m3 ozone) the maximum, 99,9th, 98th, 50th percentile and annual
average and number of valid data from hourly series;

— the maximum, 98th, 50th percentile and annual average from series of daily eight-hour ozone maxima.

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

One-hour values

75 % (i.e. 45 minutes)

Eight-hour values

75 % of values (i.e. six hours)

Daily eight-hour maximum from 75 % of the hourly running eight hour averages (i.e. 18 eight-hour averages
hourly running eight hour averages per day)

AOT40

Annual mean

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

75 % of the one-hour values over summer (April to September) and winter
(January-March, October-December) seasons separately

Number
exceedances
maximum values per month

of

and 90 % of the daily maximum eight-hour mean values (27 available daily

values per month)

90 % of the one-hour values between 8 a.m. and 8 p.m. central European
time

Number
of
maximum values per year

exceedances

and Five out of six months over the summer season (April to September)

(1) In cases where all possible measured data are not available, the following factor shall be used to calculate AOT40 values:
total possible number of hours (*)
number of measured hourly values

AOT40 [estimate] = AOT40measured ×

(*) Being the number of hours within the time period of AOT40 definition (i.e. 8 a.m. to 8 p.m. central European time
from 1 May to 31 July each year, for vegetation protection and from 1 April to 30 September each year for forest
protection).

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

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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 (1)

Macroscale siting criteria

Urban

Suburban

Protection of human health: to assess A few km2
the exposure of the urban population
to ozone, i.e. where population den-
sity and ozone concentration are rela-
tively high and representative of the
exposure of the general population

Protection of human health and veg- Some tens of km2
etation: to assess the exposure of the
population and vegetation located in
the outskirts of the agglomeration,
where the highest ozone levels, to
which the population and vegetation
is likely to be directly or indirectly
exposed, occur

Rural

Protection of human health and veg- Subregional levels
etation:
to assess the exposure of
population, crops and natural ecosys-
tems to subregional scale ozone con-
centrations

(a few 100 km2)

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

Vented locations where well-mixed levels can be
measured

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

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

Where population, sensitive crops or natural
ecosystems located in the outer fringe of an
agglomeration 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

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

Representative for ozone away from the influ-
ence of immediate local emissions such as indus-
trial installations and roads

At open area sites, but not on higher mountain
tops

Rural background

Protection of vegetation and human Regional/national/continen-
health: to assess the exposure of crops tal levels
and natural ecosystems to regional-
scale ozone concentrations as well as
exposure of the population

(1 000 to 10 000 km2)

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

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

Coastal sites with pronounced diurnal wind
cycles of local character are not recommended

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

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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 (1) concerning protection of the Community’s forests against atmospheric pollution

II. Microscale siting

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

1.

2.

3.

The flow around the inlet sampling probe should be unrestricted (free in an arc of at least 270°) 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.

In general, the inlet sampling point should be between 1,5 m (the breathing zone) and 4 m above ground. Higher positions are
possible for urban stations in some circumstances and in wooded areas.

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 recirculation of exhaust air to the sampler inlet.

The following factors may also be taken into account:

1.

2.

3.

4.

5.

6.

7.

8.

interfering sources

security

access

availability of electrical power and telephone communications

visibility of the site in relation to its surroundings

safety of public and operators

the desirability of co-locating sampling points for different pollutants

planning requirements.

III. Documentation and review of site selection

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.

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

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ANNEX V

CRITERIA FOR DETERMINING THE MINIMUM NUMBER OF SAMPLING POINTS FOR FIXED MEASURE-
MENT OF CONCENTRATIONS OF OZONE

I.

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

Population
(× 1 000)

Agglomerations
(urban and suburban) (1)

Other zones
(suburban and rural) (1)

Rural background

One station/50 000 km2 as an
average density over all zones
per country (2)

< 250

< 500

< 1 000

< 1 500

< 2 000

< 2 750

< 3 750

1

2

3

3

4

5

1

2

2

3

4

5

6

> 3 750

One additional station per One additional station per

2 million inhabitants

2 million inhabitants

(1) At least one station in suburban areas, where the highest exposure of the population is likely to occur. In agglomerations

at least 50 % of the stations should be located in suburban areas.
(2) One station per 25 000 km2 for complex terrain is recommended.

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 co-located 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
agglomerations and other zones may be reduced to one third of the number specified in Section I. Where
information from fixed measurement stations is the sole source of information, at least one monitoring station
should be kept. If, in zones where there is supplementary assessment, the result of this is that a zone has no
remaining station, coordination with the number of stations in neighbouring zones must ensure adequate
assessment of ozone concentrations against long-term objectives. The number of rural background stations
should be one 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 oxides, and appropriate volatile organic
compounds (VOC). A list of volatile organic compounds recommended for measurement is given below.

1-Butene

trans-2-Butene

cis-2-Butene

1,3-Butadiene

n-Pentane

i-Pentane

1-Pentene

2-Pentene

Isoprene

n-Hexane

i-Hexane

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

Ethane

Ethylene

Acetylene

Propane

Propene

n-Butane

i-Butane

Reference methods

The reference method specified in Directive 1999/30/EC (1) or in subsequent Community legislation will apply for
nitrogen oxides.

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

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.

(1) OJ L 163, 29.6.1999, p. 41.

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ANNEX VII

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

I.

Data quality objectives

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

Continuous fixed measurement

Uncertainty of individual measurements

15 %

For ozone, NO and NO2

Minimum data capture

Indicative measurement

Uncertainty of individual measurements

Minimum data capture

Minimum time coverage

Modelling

Uncertainty

— One-hour averages (daytime)

— Eight-hour daily maximum

Objective estimation

Uncertainty

90 % during summer

75 % during winter

30 %

90 %

> 10 % during summer

50 %

50 %

75 %

The uncertainty (on a 95 % confidence interval) of the measurement 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 5725-1 ‘Accuracy (trueness and precision) of measurement methods and results’ (1994)
or equivalent. The percentages for uncertainty 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
uncertainty for continuous fixed measurements should be interpreted as being applicable in the region of the
concentration used for the appropriate threshold.

The uncertainty 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 ratio of the time for which the instrument produces valid data, to the time for
which the statistical parameter or aggregated value is to be calculated.

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.

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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:

— a description of the assessment activities carried out,

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

— sources of data and information,

— a description of results, including uncertainties and, in particular, the extent of any area within the zone

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

— 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.

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 the standardisation specified in Directive 1999/30/EC will apply.

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

— Analysis method: UV photometric method (ISO FDIS 13964)

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

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

A Member State may also use any other method which it can demonstrate gives results equivalent 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 13(2).

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STATEMENT OF THE COUNCIL’S REASONS

I.

INTRODUCTION

The Commission submitted to the Council, on 14 July 1999, its proposal for a Directive of the
European Parliament and the Council relating to ozone in ambient air (1).

Following the opinion of the European Parliament, delivered on 15 March 2000 (2), the Commission
amended its proposal and transmitted it to the Council on 3 October 2000 (3).

The Economic and Social Committee issued its opinion on 8 December 1999 (4).

The Committee of the Regions issued its opinion on 14 June 2000 (5).

The Council adopted its Common Position in accordance with Article 251 of the Treaty on 8 March
2001.

II. OBJECTIVE

The proposal implements Council Directive 96/62/EC on ambient air quality and assessment (6),
which requested the Commission to submit, for certain pollutants such as ozone, proposals with a
view to establishing limit values and alert thresholds (as appropriate), as well as criteria and
techniques for measuring and assessing the air quality. The proposed Directive on ozone would
become the third ‘daughter’ directive of Directive 96/62/EC, the two others being Directive
1999/30/EC on limit values for SO2, NOx, particulate matter and lead in ambient air (7) and Directive
2000/69/EC on limit values for benzene and carbon monoxide in ambient air (8). The proposal on
ozone, which sets quality limits for ozone, completes the proposal on national emission ceilings
(NEC) for certain atmospheric pollutants (9) which aims at limiting total emissions of substances that
can cause, amongst others, ozone formation.

III. ANALYSIS OF THE COMMON POSITION

The Common Position corresponds to the main features of the Commission proposal. In the interest
of the protection of the environment and of public health, the Common Position:

— specifies target values according to which a maximum daily eight-hour mean ozone
concentration of 120 (cid:236)g/m3 should, by 2010, not be exceeded for more than 25 days per
calendar year. In addition, the accumulated overpassings of a threshold of 80 (cid:236)g/m3, counted
during daylight hours from May to July, (AOT 40) should not exceed 18 000 (cid:236)g/m3.h,

(1) OJ C 56 E, 29.2.2000, p. 40.
(2) OJ C 377, 29.12.2000, p. 154.
(3) OJ C 29 E, 30.1.2001, p. 291.
(4) OJ C 51, 23.2.2000, p. 11.
(5) OJ C 317, 6.11.2000, p. 35.
(6) OJ L 296, 21.11.1996, p. 55.
(7) OJ L 163, 29.6.1999, p. 41.
(8) OJ L 313, 12.12.2000, p. 12.
(9) OJ C 56 E, 29.2.2000, p. 34.

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— specifies long term objectives not allowing any exceedance of a maximum daily eight-hour

mean concentration of 120 (cid:236)g/m3, as well as an AOT 40 of 6 000 (cid:236)g/m3.h,

— establishes an information threshold of 180 (cid:236)g/m3 ozone and an alert threshold of 240 (cid:236)g/m3,

both as an average over one hour,

— obliges Member States to monitor ozone pollution in accordance with harmonised methods,
in particular in zones where the long term objectives have not been met as yet; to implement
action programmes for attaining the target values and the long-term objectives; to preserve the
levels of ozone where they have already been attained; to take measures when the alert
thresholds are exceeded and to cooperate with other Member States in case of transboundary
pollution,

— requests the Commission to submit, by end 2004, a report containing proposals for Community

air quality objectives.

IV. AMENDMENTS BY PARLIAMENT ACCEPTED BY THE COUNCIL

The Council integrated into its Common Position the following amendments by Parliament, all of
which were also accepted by the Commission:

amendment 2 to recital 12 of the proposal (recital 11 of the Common Position) on cooperation
with accession countries: the Council accepted the amendment by Parliament and also integrated
into Article 8(4) the consequential modification proposed by the Commission. The Council also
widened the scope of these two changes with a view to extending the cooperation to non-member
countries other than the accession countries;

amendment 3 for a new Article 1(e) on cooperation between Member States;

amendment 6 to Article 5 on maintaining a high level of environmental and health protection;

amendment 7 to Article 6(1)(a) on informing the public;

last part of amendment 9 to Article 7 (Article 6(1)(b) of the Common Position) on informing the
public of the investigations and the results of action plans: this amendment was accepted with
additions indicating that the information should take the form of comprehensive annual reports and
specifying in greater detail what kind of investigations and results of action plans should be reported
to the public;

amendment 25 to Article 10(3)(b)
meteorological conditions;

(Article 10(3)(c) of

the Common Position) on checking

amendment 13 for an addition to Article 11(1) (see paragraphs b and c of the Common Position);

amendment 14 to Article 11(2) on taking into account recent scientific research on human health
when reviewing the provisions of the Directive: the Council integrated this amendment into the
Common Position by adding, in Article 11(1)(a), after ‘human health’, the words ‘specifically taking
into account sensitive populations’ and by merging former paragraphs 2 and 4 into a single new
paragraph 3 on the future review and amendment of the Directive;

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amendment 15 on taking into account progress made by accession candidates when reporting on
transborder pollution was integrated into Article 11(2)(h) of the Common Position. However, the
Council preferred taking into account general progress in combating transborder pollution and did
not wish to judge this progress solely in relation to preparations on the implementation of
Community legislation;

amendment 16 on studying the effects of the Directive in relation to climate change was adopted in
the more easily readable version of the Commission’s amended proposal (see Article 11(2)(g) of the
Common Position).

V. AMENDMENTS PARTLY ACCEPTED BY THE COUNCIL

Amendment 4 for an addition to Article 2(3) (Article 2(4) of the Common Position), with a view to
defining the pollution level in terms of ozone or of ozone precursors rather than in terms of
pollutants was accepted as such by the Commission. The Council preferred not to modify the
definition of ‘level’ as it also appears in other directives. In any case, the text of the Directive always
specifies whether it refers to the level of pollution by ozone, to the level of pollution by ozone
precursors or to the level of pollution by both. On the other hand, Parliament’s amendment inspired
the Council to introducing a definition of ozone precursor in Article 2(3) of the Common Position,

first part of amendment 9 concerning Article 7(1) and (2), on gearing the action plans to the
specificities of each case and each place: like the Commission, the Council saw great merit in
providing that action plans should be drawn up at the ‘local’ level; The Council however preferred a
reference to action plans at ‘appropriate administrative levels’, as the action plans should adapt to
the size of the polluted area. As a result, the Council saw no need for specifying that the action plans
should concern measures to be taken ‘in each case and in each place’, as this is already implicit in
the fact that the action plans must be established at the appropriate administrative levels.

As proposed by Parliament, the Council also introduced into paragraph 2 of Article 7 the idea of
adapting the action plans to each ‘individual case’. The Council also made further amendments to
that paragraph with a view to suggesting types of control that may be provided for in the action
plans;

amendments 10 and 11 concerning Article 10(1) and Article 10(2)(d)(iii) (Article 10(2)(c)(iii) of the
Common Position) on reporting to the Commission: on the one hand, the Council incorporated into
its Common Position Parliament’s amendment with a view to reporting to the Commission on the
‘content and implementation’ of the action plans. On the other hand, the Council did not agree that
reports should be submitted annually and insisted on having three annual reports only, in order not
to overburden the local and national administrations with paperwork;

amendment 12 for a new paragraph in Article 10(3) requiring the Commission to publish the
information submitted by Member States in a form that enabled a comparison between their
performances, which was accepted as such by the Commission, led the Council to add, at the end of
Article 10(3)(b), the words ‘aiming to provide an overview of the different Member States’ situations’.

VI. AMENDMENTS BY PARLIAMENT NOT ACCEPTED BY THE COUNCIL

Amendment 1 to recital 3 on involving candidate countries in the development of the Community
strategy to abate ozone pollution was not accepted by the Commission or by the Council. It should
suffice that candidate countries will be associated to the Community strategy once it has been
established, as already stated in amendment 2 to recital 12 accepted by the Council and in the
consequential modification to Article 8(4);

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amendment 5 to Article 4(2); amendment 17 to Article 11(3)(i); amendment 18 to Annex I,
Sections II and III, on fixing the year 2020 as the year by which long-term objectives must be
attained: except for the addition of the words ‘prepare and’ in Article 4(2), these amendments were
not accepted as such by the Commission and the Council; on the one hand, the Council and the
Commission considered it to be premature to set an attainment period for long-term objectives as
there is a lack of projections of precursor emissions and as the influence of ozone emissions
elsewhere in the world makes it impossible for the Community to commit itself today to meeting
the standards in Annex I by a given date, whatever its own efforts. On the other hand, the Council
felt that it should be possible to fix such a date in the future. It therefore strengthened Article 11(3)(i)
of the proposal in the sense that the Commission reports on the implementation of the Directive,
and the possible future proposals for amending the Directive, will consider the potential to achieve
the long-term objectives set out in Annex I within a specified period (Article 11(2)(e) of the Common
Position);

amendment 8 to Article 6(2) on the obligation to supply to the population certain information
when the exceedance of the information or alert threshold is predicted: the Council and the
Commission insist that the information in Annex II, Section II should only be provided to the public
‘where practicable’ and not, as requested by Parliament, in any case. While admitting that a pre-alert
should be given in case of predicted exceedances of the thresholds, the Council considers that the
information in Section II will not always be available. It is in particular hard to forecast the location
of the area of exceedance, the start time and duration of the pollution, its intensity, the groups of
population likely to be affected and the evolution of the pollution.

VII. OTHER CHANGES TO THE COMMISSION PROPOSAL INTRODUCED BY THE COUNCIL

Some of the recitals (5, 7, 10 of the Common Position) have become more complete; some (7, 15 of
the proposal) have been deleted; Some have been shortened (8, 13 of the Common Position) or
reformulated (15); a new recital was introduced (14).

The definitions in Article 2(12) and (13) were formulated in a more precise manner.

Articles 3(3), 4(2) and 8(1) were placed in the broader context of the proposed NEC Directive.

In Article 6(1)(a), first subparagraph, the specification of the broadcasting techniques was deleted.
The routine warning of the public of long-term target values, reference levels and long-term
objectives in Article 6(1) in fine of the proposal was returned to the annual reports in Article 6(1)(b)
of the Common Position. A new Article 6(1)(c) was added.

Article 7 was completed by a new sentence and a corresponding addition to recital 10 with a view
to dispensing from taking local measures where there is no significant potential for reducing the
risk, duration or severity of the pollution.

Regarding Article 9, rural background stations were given the option of non-continuous measure-
ment of nitrogen dioxide in the end of paragraph 1. Former paragraph 5 (paragraph 1(a) to (e)) has
become more detailed and more stringent.

Article 10 was redrafted without modifying its substance.

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Article 11(2) of the Commission proposal was transferred to Article 11(3) of the Common Position.
The order of paragraph 2 was modified. Paragraphs a and g of the proposal were merged to become
paragraph 2(d) of the Common Position. Paragraphs c and d were deleted and new paragraphs c
and g were added.

A new Article 13 on commitology was inserted and all references to the commitology procedure in
Directive 96/62/EC were deleted.

In Annex I, Section II, the exceedance period and the values for vegetation were broadened in line
with the target values referred to in the draft Directive on national emission ceilings.

Footnote 1 was added to Annex II; elements of Section II.2 and the whole of Section III were deleted.

The row on short-term vegetation was deleted from Annex III, Section II, and footnotes were added
to Section III.

In Annex V, Section I, the minimum numbers of sampling points were modified.

Annex VII, Section I, was overhauled by technical experts.