Directive 2002/3/EC of the European Parliament and of the Council of 12 February 2002 relating to ozone in ambient air
Date: 2002-02-12
Institutions: Council of the European Union, European Parliament
Subjects: EU policy, air quality, environmental protection, ozone, pollution control, public health

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DIRECTIVE 2002/3/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 12 February 2002

relating to ozone in ambient air

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

(4)

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

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

Having regard to the opinion of the Economic and Social
Committee (2),

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), in light of the joint text approved by the
Conciliation Committee on 10 December 2001,

Whereas:

(1)

(2)

(3)

the Governments of

On the basis of principles enshrined in Article 174 of
the Treaty, the Fifth Environmental Action Programme,
approved by the Resolution of the Council and the
the Member
Representatives of
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 (5) and supplemented by Decision No
2179/98/EC (6) envisages, in particular, amendments to
existing
said
air
programme recommends the establishment of long-term
air quality objectives.

pollutants. The

legislation

on

Pursuant to Article 4(5) of Council Directive 96/62/EC
of 27 September 1996 on ambient air quality assess-
ment and management (7), the Council is to adopt the
legislation provided for in paragraph 1 and the provi-
sions 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.

(1) OJ C 56 E, 29.2.2000, p. 40, and
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
(OJ C 126, 26.4.2001, p. 1) and Decision of the European Parlia-
ment of 13 June 2001 (not yet published in the Official Journal).
Decision of the European Parliament of 17 January 2002 and Deci-
sion of the Council of 19 December 2001.

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

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 envir-
onmental
recent
advances in metrology with a view to re-examining the
elements on which such thresholds are based.

fields concerned and of

the most

should be

Directive 96/62/EC requires limit and/or target values to
be set for ozone. In view of the transboundary nature of
ozone pollution,
at
target values
Community 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
Community integrated strategy to combat acidification
and ground-level ozone, which also form the basis of
Directive 2001/81/EC of the European Parliament and of
the Council of 23 October 2001 on national emission
ceilings for certain atmospheric pollutants (8).

set

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.

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.

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

(5)

(6)

(7)

(8)

(9)

(8) OJ L 309, 27.11.2001, p. 22.

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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, dura-
tion 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.

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Objectives

(10)

(11)

some

The transboundary nature of ozone pollution may
require
coordination between neighbouring
Member States in drawing up and implementing plans,
programmes
and in
informing the public. Where appropriate, Member States
should pursue cooperation with third countries, with
particular emphasis on early involvement of accession
candidate countries.

and short-term action plans

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

(13)

(14)

(15)

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 Commis-
sion'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 imple-
menting strategies to ensure achievement of those objec-
tives. In this context, the report should take into account
the potential to achieve the long-term objectives within
a specified time period.

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 (1).

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 (2) should be repealed,

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

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;

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

Article 2

Definitions

For the purposes of this Directive:

1.

2.

3.

4.

5.

6.

7.

‘ambient air’ means outdoor air
excluding work places;

in the troposphere,

‘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;

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

‘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, calculate,
predict or estimate the level of a pollutant in the ambient
air;

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

taken in

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

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8.

‘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;

9.

‘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;

10.

11.

12.

13.

‘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 in the long term, save where not achievable
through proportionate measures, 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 popu-
lation 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 particu-
larly 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 photo-
chemical oxidants by reactions with nitrogen oxides in the
presence of sunlight.

Article 3

Target values

The target values for 2010 in respect of ozone concentra-
1.
tions in ambient air are those set out in 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.

For the zones and agglomerations referred to in para-
3.
in
graph 2, Member States shall take measures to ensure,
accordance with the provisions of Directive 2001/81/EC, that a
plan or programme is prepared and implemented in order to
attain the target value, save where not achievable through
proportionate measures, 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 pollutants other than ozone, Member States shall,
where appropriate, prepare and implement integrated plans or
programmes covering all the pollutants concerned.

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. The measures taken shall, at
least, be consistent with all plans or programmes specified in
Article 3(3). Furthermore, they shall build upon measures taken
under the provisions of Directive 2001/81/EC and other rele-
vant existing and future EC legislation.

3.
Community progress towards attaining the long-term
objectives shall be subject to successive reviews, as part of the
process set out in Article 11 and in connection with Directive
2001/81/EC, using the year 2020 as a benchmark and taking
account of progress towards attaining the national emission
ceilings set out in the said Directive.

Article 5

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

Member States shall draw up a list of zones and agglomera-
tions in which ozone levels meet the long-term objectives. In
so far as factors including the transboundary nature of ozone
pollution and meteorological conditions permit,
they shall
maintain the levels of ozone in those zones and agglomerations
below the long-term objectives and shall preserve through
proportionate measures the best ambient air quality compatible
with sustainable development and a high level of environ-
mental and human health protection.

Article 6

Information to the public

1. Member States shall take appropriate steps to:

(a) 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 envir-
onmental organisations, consumer organisations, organ-
isations representing the interests of sensitive population
groups and other relevant health care bodies.

4.
The plans or programmes, referred to in paragraph 3,
shall incorporate at least the information listed in Annex IV to
Directive 96/62/EC and shall be made available to the public

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

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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 the
alert threshold for the relevant averaging period. It should
also provide a short assessment in relation to effects on
health.

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

(b) make available to the public and to appropriate organ-
isations such as environmental organisations, consumer
organisations, organisations representing the interests of
sensitive population groups and other relevant health care
bodies comprehensive annual reports which shall at least
indicate, in the case of human health, all exceedances of
concentrations in the target value and the long-term objec-
tive, the information threshold and the alert threshold, for
the relevant averaging period, and in the case of vegetation,
any exceedance of the target value and the long-term objec-
tive, combined with, as appropriate, a short assessment of
the effects of these exceedances. They may include, where
appropriate, further information and assessments on 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;

(c) ensure that timely information about actual or predicted
exceedances of the alert threshold is provided to health care
institutions and the population.

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.

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 information threshold
or alert threshold is predicted.

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, taking into account particular local circum-
stances, for the zones where there is a risk of exceedances of
the alert
for
reducing that risk or for reducing the duration or severity of
any exceedance of the alert threshold. Where it is found that
there is no significant potential for reducing the risk, duration

there is a significant potential

threshold,

if

The design of short-term action plans, including trigger
2.
is the responsibility of Member
levels for specific actions,
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 shall consider examples of meas-
ures (the effectiveness of which has been assessed), which
should be included in the guidance referred to in Article 12.

4. Member States shall make available to the public and to
appropriate organisations such as environmental organisations,
consumer organisations, organisations representing the inter-
ests of sensitive population groups and other relevant health
care bodies both the results of their investigations and the
content of specific short-term action plans as well as informa-
tion on the implementation of these plans.

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 coop-
erate, where appropriate,
in drawing up joint plans and
programmes in order to attain the target values or long-term
objectives, save where not achievable through proportionate
measures. The Commission shall assist
In
carrying out its obligations under Article 11, the Commission
shall consider, taking into account Directive 2001/81/EC, in
particular Article 9 thereof, whether further action should be
taken at Community level in order to reduce precursor emis-
sions responsible for such transboundary ozone pollution.

in those efforts.

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 different 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.

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

Article 9

Assessment of concentrations of ozone and precursor
substances in ambient air

50 000 km², whichever produces the greater number of
sampling points;

(d) each zone or agglomeration contains at least one sampling

point, and

(e) 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.

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 meas-
urement is mandatory.

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.

to determine

Where fewer than five years' data are available, Member States
may,
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.

exceedances,

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.

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) the supplementary methods provide an adequate level of
information for the assessment of air quality with regard to
target values,

information and alert thresholds;

(b) 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 accordance
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;

(c) the number of sampling points in each zone or agglomera-
least one sampling point per two
per
sampling

tion amounts to at
inhabitants
million

point

one

or

3.
Each Member State shall ensure that at least one meas-
uring station to supply data on concentrations of the ozone
precursor substances listed in Annex VI is installed and oper-
ated in its territory. Each Member State shall choose the
number and siting of the stations at which ozone precursor
substances are to be measured, taking into account the objec-
tives, methods and recommendations laid down in the said
Annex.

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).

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

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) 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;

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(b) send to the Commission a report giving an overview of the
situation as regards exceedance of the target values as laid
down in section II of Annex I. This report shall provide an
explanation of annual exceedances of the target value for
the protection of human health. The report shall also
contain the plans and programmes referred to in Article
3(3). The report shall be sent 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,

(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 information: date,
total hours of exceedance, maximum 1 h ozone
value(s);

threshold,

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

information specified in Annex III;

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

(c) 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 agglomera-
tions referred to in Articles 3(2), Article 4(2) and
Article 5;

(ii) information on any measures taken or planned under

Article 4(2), and

(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.

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;

to paragraph 1(a)

(b) publish annually a list of the zones and agglomerations
submitted pursuant
and, by 30
November each year, a report on the ozone situation
during the current summer and the preceding calendar
year, aiming to provide overviews, in a comparable format,
of each Member State's situation, taking into account the
different meteorological conditions and transboundary
pollution, and an overview of all the exceedances of the
long-term objective in the Member States;

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

(c) 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 anthropogenic);

(d) 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;

(e) 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 upon 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 9 September 2003.

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. It shall
report,

in particular, on:

(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;

(b) technological developments, including progress achieved in
methods of measuring and otherwise assessing concentra-
tions and evolution of ozone concentrations throughout
Europe;

(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 UN/ECE Convention on Long-range Transboundary
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) the broad scope for making further reductions in polluting
emissions across all relevant sources, taking account of
technical feasibility and cost-effectiveness;

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(b) 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 imple-
mented 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;

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

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

and for the exchange of
States and the Commission;

(g) 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;

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

3.
The report shall also include a review of the provisions of
this Directive in the light of its findings and it shall be accom-
panied, if appropriate, by proposals to amend this Directive,
paying special attention to the effects of ozone on the environ-
ment and on human health, with particular reference to sensi-
tive population groups.

Article 12

Guidance

The Commission shall develop guidance for

1.
imple-
menting this Directive by 9 September 2002. In so doing, it
will call upon 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.

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

Article 13

Committee procedure

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

3.

The committee shall adopt its rules of procedure.

Article 14

Penalties

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

Article 15

Transposition

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive by 9 September 2003.They shall forthwith inform the
Commission thereof.

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 9 September 2003.

Article 17

Entry into force

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

Article 18

Addressees

This Directive is addressed to the Member States.

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.

Done at Brussels, 12 February 2002.

For the European Parliament

For the Council

The President

P. COX

The President

J. PIQUÉ I CAMPS

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Official Journal of the European Communities

L 67/21

DEFINITIONS, TARGET VALUES AND LONG-TERM OBJECTIVES FOR OZONE

ANNEX I

I. Definitions

All values are to be expressed in µg/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 (µg/m³)·hours) means the sum of the difference between hourly concentrations greater than
80 µg/m³ (= 40 parts per billion) and 80 µg/m³ over a given period using only the 1 hour values measured between
8:00 and 20:00. 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 for 2010 (a) (1)

1. Target value for the protection of

Maximum daily 8-hour mean (b)

human health

120 µg/m3 not to be exceeded on
more than 25 days per calender year
averaged over three years (c)

2. Target value for the protection of

vegetation

AOT40, calculated from 1 h values
from May to July

18 000 µg/m3·h averaged over five
years (c)

(a) Compliance with target values will be assessed as of this value. 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.

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

(c) 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) 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.

III. Long-term objectives for ozone

Parameter

Long-term objective (a)

1. Long-term objective

for
protection of human health

the

Maximum daily
within a calender year

8-hour mean

2. Long-term objective

for

the

protection of vegetation

AOT40, calculated from 1 h values
from May to July

120 µg/m3

6 000 µg/m3·h

(a) Community progress towards attaining the long-term objective using the year 2020 as a benchmark shall be reviewed as part of the

process set out in Article 11.

(1) Or the appropriate time for ultra-peripheral regions.

L 67/22

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Official Journal of the European Communities

9.3.2002

ANNEX II

INFORMATION AND ALERT THRESHOLDS

I. Information and alert thresholds for ozone

Information threshold

1 hour average

Alert threshold

1 hour average (a)

180 µg/m3

240 µg/m3

Parameter

Threshold

(a) For the implementation of Article 7, the exceedance 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 1-hour and 8-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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L 67/23

Information submitted by Member States to the Commission and criteria for aggregating 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:

Type of station

Level

Averaging/
accumulation
time

Provisional data for each month
from April to September

Report for each year

Information
threshold

Any

180 µg/m3

1 hour

Alert threshold Any

240 µg/m3

1 hour

Health protec-
tion

Any

120 µg/m3

8 hours

— for each day with exceed-
total hours of
ance(s): date,
exceedance, maximum 1 hour
ozone and related NO2 values
when required,

— monthly 1 hour maximum

ozone

— for

each day with exceed-
total hours of
ance(s): date,
exceedance, maximum 1 hour
ozone and related NO2 values,
when required

— for each day with exceed-
ance(s): date,
total hours of
exceedance, maximum 1 hour
ozone and related NO2 values,
when required

— for

each day with exceed-
ance(s): date,
total hours of
exceedance, maximum 1 hour
ozone and related NO2 values
when required

— for each day with exceed-
hours
date,

8

ance(s):
maximum (b)

— for

each day with exceed-
hours

date,

8

ance(s):
maximum (b)

Vegetation
protection

Suburban,
rural,
rural background

AOT40 (a)
= 6 000 µg/m3·h

Forest protec-
tion

Suburban,
rural,
rural background

AOT40 (a)
= 20 000 µg/m3·h

1 hour, accumu-
lated from May
to July

1 hour, accumu-
lated from April
to September

—

—

Materials

Any

40 µg/m3 (c)

1 year

—

(a) Se definition of AOT40 in Section I of Annex I.
(b) Maximum daily 8-hour mean (see section II of Annex I note (a)).
(c) Value to be reviewed, pursuant to Article 11(3),

in the light of developing scientific knowledge.

Value

Value

Value

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 µg/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 8-hour ozone maxima.

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

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

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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 hours values

75 % (i.e. 45 minutes)

75 % of values (i.e. 6 hours)

Maximum daily 8 hours mean from hourly running 8 hours
averages

75 % of the hourly running 8 hours averages (i.e. 18 8 hours averages per day)

AOT40

Annual mean

Number of exceedances and maximum values per month

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

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

90 % of the daily maximum 8 hours mean values (27 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 to September)

(a) In cases where all possible measured data are not available, the following factor shall be used to calculated AOT40 values:

* being the number of hours within the time period of AOT40 definition, (i.e. 08:00 to 20:00 h CET from 1 May to 31 July each year, for vegetatin protection and from

1 April to 30 September each year for forest protection).

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Official Journal of the European Communities

L 67/25

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 (a)

Macroscale siting criteria

Urban

Suburban

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

A few km2

Some tens of km2

Protection of human health and vegetation:
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 vegetation:
to assess the exposure of population, crops
and natural ecosystems to sub-regional scale
ozone concentrations

Sub-regional
(a few km2)

levels

Rural background

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

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

levels

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 the trees), big
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-
immediate local emissions
ence of
such as
industrial
installations and roads;
At open area sites, but not on higher mountain-
tops

Station located in areas with lower population
density, e.g. 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.

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

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.

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

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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°) 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.

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 recirculation 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 colocating 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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Official Journal of the European Communities

L 67/27

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 contin-
uous measurement is the sole source of information

Population
(× 1 000)

Agglomerations
(urban and suburban) (a)

Other zones
(suburban and rural) (a)

Rural background

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

over

< 250

< 500

< 1 000

< 1 500

< 2 000

< 2 750

< 3 750

> 3 750

1

2

3

3

4

5

1

2

2

3

4

5

6

1 additional station
per 2 million inhabitants

1 additional station
per 2 million inhabitants

(a) At least 1 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.

(b) 1 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 colocated 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 1 per 100 000 km2.

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Official Journal of the European Communities

9.3.2002

ANNEX VI

MEASUREMENTS OF OZONE PRECURSOR SUBSTANCES

O b j e c t i v e s

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.

S u b s t a n c e s

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.

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-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

R e f e r e n c e m e t h o d s

The reference method specified in Directive 1999/30/CE (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.

S i t i n g

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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L 67/29

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

ANNEX VII

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.

For ozone, NO and NO2

Continuous fixed measurement

Uncertainty of individual measurements

15 %

Minimum data capture

90 % during summer
75 % during winter

Indicative measurement

Uncertainty of individual measurements

30 %

Minimum data capture

Minimum time coverage

Modelling

Uncertainty

1 hour averages (daytime)

8 hours daily maximum

Objective estimation

Uncertainty

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 percent-
ages 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.

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,

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— 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.

ANNEX VIII

REFERENCE METHOD FOR ANALYSIS OF OZONE AND CALIBRATION OF OZONE INSTRUMENTS

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, B1.6).

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).