Proposal for a Directive of the European Parliament and of the Council relating to arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons in ambient air
Date: 2003-07-16
Institutions: European Commission
Subjects: EU environmental policy, air quality, environmental monitoring, environmental standard, hydrocarbon, non-ferrous metal, quality of the environment, semi-metal

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 16.7.2003
COM(2003) 423 final

2003/0164 (COD)

Proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

relating to arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons in
ambient air

(presented by the Commission)

DRAFT EXPLANATORY MEMORANDUM

1

INTRODUCTION

Council  Directive  96/62/EC  of  27  September  19961  on  ambient  air  quality
assessment  and  management  (the  Air  Quality  Framework  Directive)  provides  the
framework  for  future  EC  legislation  on  air  quality.  The  four  objectives  of  the  Air
Quality Framework Directive are to:

– 

– 

– 

define  and  establish  objectives  for  ambient  air  quality  in  the  Community
designed to avoid, prevent and reduce harmful effects on human health and the
environment as a whole;

assess ambient air quality in Member States on the basis of common methods
and criteria;

obtain adequate information on ambient air quality and ensure that  it is  made
available to the public inter alia by means of alert thresholds;

– 

maintain ambient air quality where it is good, and improve it where it is not.

The proposed Directive relates to Annex I of the Air Quality Framework Directive,
which  lists  atmospheric  pollutants  to  be  taken  into  consideration  in  the  assessment
and  management  of  ambient  air  quality.  Directive  1999/30/EC  relating  to  limit
values  for  sulphur  dioxide,  nitrogen  dioxide  and  oxides  of  nitrogen,  particulate
matter  and  lead2,  Directive  2000/69/EC  relating  to  limit  values  for  benzene  and
carbon  monoxide3  and  Directive  2002/3/EC  relating  to  ozone  in  ambient  air4  are
already in force.  In addition to  this  legislation, there is  provision  in  Annex  I of  the
Air  Quality  Framework  for  regulating  ambient  air  quality  of  arsenic,  cadmium,
mercury, nickel and polycyclic aromatic hydrocarbons (PAH) by setting out criteria
and  techniques  for  assessing  ambient  air  quality,  and  laying  down  provisions  for
forwarding  information  to  the  Commission  and  the  public.  Thereby  the  proposal
incorporates 
the  Sixth  Community  Environment  Action
Programme5.

the  objectives  of 

2

THE NEED FOR COMMUNITY ACTION

The  present  proposal  introduces  Community  legislation  on  arsenic,  cadmium,
mercury,  nickel  and  polycyclic  aromatic  hydrocarbons  in  fulfilment  of  obligations
under  Directive 96/62/EC.  The  explanatory  memorandum  accompanying  that
Directive (COM(94)109  final)  sets  out  the  reasons  for  and  the  scope  of  the
framework for action on ambient air quality.

1 OJ L 296, 21.11.1996, p.55.
2 OJ L 163, 29.6.1999, p. 41.
3 OJ L 313, 13.12.2000, p. 12.
4 OJ L 67, 9.3.2002, p. 14.
5 OJ L 242, 10.9.2002, p. 1

2

                                                
Arsenic,  cadmium,  mercury,  some  nickel  compounds  and  PAH  are  known  human
carcinogenes  for  which  no  threshold  for  adverse  effects  on  human  health  can  be
identified.  The  present  proposal  considers  the  obligation  under  the  Treaty  to  apply
the  principle  that  exposure  to  such  pollutants  should  be  as  low  as  reasonably
achievable.

There is a number of existing legislation, international conventions and policies (cf.
Section 3) which regulate the emissions of heavy metals and PAH to air. As a result
heavy metals and PAH emissions are expected to decline significantly across the EU.
However  in  some areas  current ambient  air concentrations  are  still  posing  a  risk  to
human health. Economic evaluation of the costs and benefits shows that in urban and
residential  areas  PAH  emissions  from  domestic  heating  and  road  transport  can  be
reduced  to  a  concentration  level,  which  would  minimise  harmful  effects  on  human
health,  without  entailing  excessive  costs.  A  target  value  is  introduced  for
benzo(a)pyrene  (BaP)  to  enforce  the  necessary  regulations  in  Member  States,  in
particular relating to non-industrial sources.

However,  near  some  specific  industrial  installations  the  attainment  of  ambient  air
concentration levels, which would minimise harmful effects on human health , would
entail  excessive  costs  for  any  of  the  named  pollutants  except  mercury.  Regulations
are in place to reduce industrial emissions of heavy metals and PAH to the air as far
as economically possible.

So  far  the monitoring of the  abatement  measures  relating  to  improving  ambient  air
quality is not explicitly regulated, in particular where diffuse and fugitive emissions
are concerned. Where ambient air concentrations and deposition give rise to harmful
effects on human health and the environment harmonised monitoring is essential

– 

– 

– 

– 

to  assess  the  implementation  and  achievement  of  abatement  measures  in
particular near fugitive and diffuse sources,

to  get  information  on  local  air  quality  and  where  improvement  shall  be
envisaged,

to monitor the state of the environment also with a view to soil degradation,

to implement the UN/ECE Protocols on Heavy Metals and Persistent Organic
Pollutants and the conclusions from the UNEP Global Mercury Assessment.

To  combat  problems  of  air  pollution  related  to  concentrations  of  heavy  metals  and
PAH  in  ambient  air  the  proposed  Directive  complements  abatement  strategies
undertaken across the EU to comply with existing legislation and encourages further
measures,  where  appropriate.  Member  States  are  responsible  for  determining  and
taking the specific actions, which are best suited to local circumstances.

3

3.1

EXISTING LEGISLATION AND POLICIES

National thresholds

There is at present no EC or US ambient air quality limit value for arsenic, mercury,
nickel or PAH compounds. Some Member States set guide or target values that are
not legally binding, ranging from 0.5 to 12.5 ng/m³ for arsenic, 0.25 to 5 ng/m³ for

3

nickel  and  0.1  to  1.3  ng/m³  for  BaP,  which  is  a  marker  for  the  total  polycyclic
aromatic  hydrocarbons  (PAH)  mixture.  Italy  has  a  legally  enforceable  ambient  air
quality standard of 1.0 ng BaP/m³. Sweden also has a guidance value of 2 ng/m³ for
fluoranthene.

For  cadmium,  Belgium  and  Germany  have  introduced  an  ambient  air  quality
standard of 40 ng/m³ as an annual mean. Germany has set a target value of 1.7 ng/m³.
Austria  and  Germany  have  deposition  limit  values  of  2  µg/(m²day),  respectively  5
µg/(m²day).  Switzerland  has  adopted  an  ambient  air  quality  standard  of  1.5  ng/m³
and  a  deposition  value  of  2  µg/(m²day).  Target  values  for  deposition  in  different
Member States range from 0.27 to 20 µg/(m²day). There is at present no US ambient
air quality or deposition limit value for cadmium.

3.2

Community legislation and policies

The following policies are considered to contribute to the reduction of emissions of
arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons.

3.2.1

Directive 96/61/EC concerning integrated pollution prevention and control6

The  IPPC  Directive  aims  to  achieve  a  high  level  protection  of  the  environment  by
means of a permit system applicable to specified industrial activities. These include
industrial  sources  of  arsenic,  cadmium,  mercury,  nickel  and  PAH.  Among  other
items  the  permit  shall  address  emissions  to  the  air  and  must  be  based  on  the
application of Best Available Techniques (BAT), i.e. it must take into consideration
the costs and advantages of the techniques. The Directive applies to new installations
since 1999, existing installations have to comply until October 2007.

3.2.2

Directives setting emission limit values

– 

– 

Directive  2001/80/EC,7  the  new  Large  Combustion  Plant  Directive  (LCP
Directive),  is  likely  to  have  some  impact  on  heavy  metal  emissions  from
existing  coal-  and  oil-fired  LCPs  as  it  will  set  limit  values  for  total  dust
emissions.  It  will  apply  to  new  plants  licensed  after  1987  while  older  plants
have to comply from 2008 onwards. The review due in 2004 could have even
more of an impact on heavy metal emissions.

Directive  2000/76/EC  on  the  incineration  of  waste8  covers  a  wide  range  of
incineration  and  co-incineration  processes.  The  Directive  has  potentially
significant  implications  for  heavy  metal  emissions,  as  there  will  be  directly
applicable  emission  limit  values  for  specific  metals  and  also  for  particulate
matter (PM).

3.2.3

Other relevant Community legislation

– 

Directive  2000/60/EC  establishing  a  framework  for  Community  action  in  the
field of water policy9 sets out a further integrated approach to reducing, where

6 OJ L 257, 10.10.1996, p.26.
7 OJ L 309, 27.11.2001, p.1.
8 OJ L 332, 28.12.2000, p.91.
9 OJ L 327, 22.12.2000, p.1.

4

                                                
necessary,  discharges  of,  among  others,  cadmium,  nickel,  mercury  and  PAH
into the environment. Article 16 of that Directive classifies cadmium, mercury
and PAH as priority hazardous substances.

The  limit  values  for  PM10
Directive 1999/30/EC are also relevant to emissions of other metals and PAH.

10  and  lead  set  by  the  first  Air  Quality  Daughter

Directive  98/70/EC  relating  to  the  quality  of  fuels  limits  the  PAH  content  in
diesel fuels.  EU  regulations  on  new vehicles that  meet the EURO 4  emission
standards will bring about a reduction of PAH as an important side-effect.

– 

– 

3.2.4

Related Community strategies

– 

Thematic Strategy for Soil Protection11

To avoid the loss of the function of soils and possible cross contamination of water
the  introduction  of  contaminants,  such  as  heavy  metals  and  persistent  organic
compounds must not exceed certain levels. The Commission’s Communication on a
Soil  Strategy  mentions,  among  others,  local  and  diffuse  soil  contamination  by
deposition as a relevant cause for soil degradation. Deposition and accumulation of
the named pollutants in soils lead to oral uptake via the food chain.

There is no evidence of significant reversal in negative trends in the degradation of
soils. Detailed and comparable information on soil contamination will be  necessary
to  devise  a  strategy  to  prevent  further  degradation.  Besides  soil  monitoring  the
assessment of deposition would be necessary.

– 

Strategy on Health and Environment12

The  strategy  aims  to  develop  a  Community  system  that  will  provide  the  necessary
information for assessing the overall environmental impact on human health. A key
objective  is  to  reduce  exposure  to  priority  environmental  pollutants,  such  as  heavy
metals, having a significant health impact.

Long  time  scales  are  needed  to  account  properly  for  persistent  pollutants  that
accumulate  in  the  environment.  Some  environmental  burdens  are  present  in  the
environment  in  very  low  doses.  They  accumulate  in  the  environment,  in  the  food
chain  and  in  human  bodies.  Their  accumulative  effects  will  only  be  visible  after
several years.

3.3

International action

3.3.1

The UN/ECE Protocol on Heavy Metals

The objective of the Protocol is to control emissions of heavy metals that are subject
to long-range transboundary atmospheric transport and are likely to have significant
adverse effects on human health or the environment. The Parties to the Protocol are

10 particulate matter with an aerodynamic diameter of less than 10 m
11 COM(2002) 179, 16.4.2002
12 COM…

5

                                                
encouraged  to  reduce  their  emissions  of  heavy  metals  and  to  monitor  the
concentration and deposition by harmonised methodologies.

Entry into force of the Protocol can be expected soon as fourteen out of the required
minimum  sixteen  Parties  have  ratified  the  Protocol  among  them  the  European
Community13.

3.3.2

The  UN/ECE  Protocol14  and  the  UNEP  Convention15  on  Persistent  Organic
Pollutants

Parties  to  the  Protocol  are  obliged  to  reduce  their  emissions  of,  among  other
pollutants, PAH. The Convention requires the Parties to implement control measures
on  releases  of  persistent  organic  compounds,  to  facilitate  exchange  of  information
and public awareness as well as access to information. PAH emissions are subject to
release reduction provisions.

So far the Protocol has been ratified by fourteen Parties out of the necessary sixteen.
It  can  therefore  be  expected  to  come  into  force  in  2003.  The  Convention  has  been
ratified by 26 Parties; it enters into force after the fiftieth ratification which may be
expected  in  2004.  Ratification  of  both,  the  Protocol  and  the  Convention  by  the
European Community is under preparation.

3.3.3

The UNEP Global Mercury Assessment Report16

The  report  summarises  existing  information  on  the  chemistry,  toxicology,  and
impacts of mercury on human health and the environment and on the global natural
and  anthropogenic  sources  of  mercury.  It  consolidates  and  analyses  information
regarding  relevant  environmental  long-range  transport  and  the  origin,  pathways,
deposition  and  transformation  of  mercury  on  a  global  scale.  It  summarises
information  about  prevention  and  control  technologies  and  practices,  and  their
associated  costs  and  effectiveness,  that  could  reduce  and/or  eliminate  releases  of
mercury, including the use of suitable substitutes, where applicable.

The  report  concludes  that  there  is  sufficient  evidence  of  significant  global  adverse
impacts to warrant international action to reduce the risks to human health and/or the
environment arising from the release of mercury into the environment. Nonetheless,
further  research  and  other  activities  would  be  useful  to  improve  the  understanding
and  coordination  in  a  number  of  areas;  this  includes  assessment  and  monitoring  of
mercury levels and impacts on humans and ecosystems.

The Council has agreed to the conclusions of the report.17

13 COM …
14 POP protocol
15 Stockholm Convention
16 UNEP mercury report
17 Nov Council 2002

6

                                                
4

STAKEHOLDER INVOLVEMENT AND INFORMATION SOURCES

The Air Quality Framework Directive provides that daughter legislation should have
solid  technical  and  scientific  justification  in  accordance  with  the  Treaty.  Technical
Working  Groups  of  experts  from  Member  States,  industry,  non-governmental
organisations,  the  European  Environment  Agency,  the  World  Health  Organisation
and other representatives of international scientific groups and the Commission have
met to assess the current state of knowledge and to prepare technical position papers
on each pollutant. These Working Groups were chaired by experts from the Member
States.  They  came  up  with  three  position  papers,  one  on  arsenic,  cadmium  and
nickel, one on polycyclic aromatic hydrocarbons (PAH) and another on mercury. The
latter  not  only  covers  mercury  in  ambient  air  but  addresses  the  whole  cycle  of
mercury in the environment. The position papers are available on the Commission's
website.18

The  Commission  signed  a  Common  Agreement  with 
the  World  Health
Organisation’s Regional Office for Europe to work co-operatively on air quality and
in particular on a revision of the Guidelines. The updated Air Quality Guidelines for
Europe19  were  made  available  to  the  Working  Groups,  and  experts  from  the  WHO
European  Centre  for  Environment  and  Health  participated  in  the  Working  Groups
referred  to  above.  The  Scientific  Committee  for  Toxicity,  Ecotoxicity  and
Environment (CSTEE) was consulted to give its view on the assessment of desirable
concentration levels based on cancer and non cancer effects.20

Two separate studies entitled “Economic  evaluation of air quality targets for heavy
metals” and “Economic evaluation of air quality targets for PAH", respectively were
undertaken by consultants for the Commission. These studies have included the EU
15 Member States plus to a large extent Accession Candidate Countries, i.e. Cyprus,
Czech  Republic,  Estonia,  Hungary,  Poland  and  Slovenia.  Data  from  Accession
Candidate  Countries  were  considered  to  the  extent  possible,  thereby  taking  into
account  the  situation  in  these  countries.  Both  studies  are  also  available  on  the
Commission's  website18.  They  took  as  their  baseline  a  "business-as-usual"  scenario
taking into account policies at EU and international level that are expected to secure
significant further reductions of emissions until 2010. They paid particular attention
to the key policies listed in section 3.2.

The  proposal  was  subject  to  consultations  at  several  meetings  of  the  Clean  Air  for
Europe  (CAFE)21  Steering  Group,  where  representatives  from  Member  States,
Accession  Candidate  Countries  and  other  stakeholders  had  the  opportunity  to
comment.

18 http://www.europa.eu.int/comm/environment/air/ambient.htm#2
19 Air Quality Guidelines for Europe, Second Edition, WHO, Copenhagen, Denmark, 2000.
20 http://europa.eu.int/comm/food/fs/sc/sct/index_en.html
21 COM (2001) 245

7

                                                
5

5.1

AMBIENT AIR CONCENTRATIONS AND EMISSION DATA

Arsenic

Arsenic is a metalloid that forms a variety of inorganic and also organic compounds.
Arsenic in ambient air is mostly found in the fine particle fraction PM2.5.

Current  ambient air  concentrations of arsenic  at  rural  sites  generally  do  not  exceed
1.5 ng/m³, with lowest values of 0.2 ng/m³. Urban background levels show a range of
0.5 to 3 ng/m³. Arsenic concentrations monitored near industrial installations may be
up  to  one  order  of  magnitude  higher  depending  on  the  type  of  installation  and  the
distance and position of the monitoring site.

Total arsenic emissions in the Community in 1990 are estimated to be 575 tonnes, 86
% of which is emitted by stationary combustion. However, in general the emissions
from  this  sector  do  not  result  in  relevant  ambient  air  concentrations  as  they  are
released  via  sufficiently  high  stacks.  Due  to  their  fugitive  character  emission  from
the  iron  and  steel  and  non-ferrous  metals  industry,  mainly  in  copper  and  lead
production, are more relevant to ambient air quality though they contribute only 9 %
to the arsenic emissions.

In general anthropogenic sources outweigh natural sources; the global natural share
is  estimated  at  25  %,  mainly  from  volcanoes.  On  a  local  scale  there  may  be  more
significant  contributions  up  to  60  %  from  weathering  processes  in  regions  rich  in
sulphidic ore deposits.

5.2

Cadmium

Cadmium  is  a  relatively  rare  element,  which  occurs  mainly  in  association  with
sulphide  ores  of  other  metals.  Cadmium  in  ambient  air  is  mostly  found  in  the  fine
particle fraction PM2.5. There are no data available on the speciation of cadmium in
suspended particulate matter.

Current  ambient  air  levels  of  cadmium  at  rural  sites  generally  do  not  exceed  0.4
ng/m³, with lowest values of 0.1 ng/m³. Urban background levels show a range of 0.2
to 2.5 ng/m³. Cadmium concentrations near industrial installations may be up to one
order of magnitude higher, depending on the type of installation and the distance and
position of the monitoring site.

Total  emissions  in  the  Community  amounted  to  203  tonnes  in  1990.  The  iron  and
steel industries, stationary combustion and transport each contribute around 20 % to
the total anthropogenic emissions of cadmium.

Relevant  ambient  air  concentrations  result  from  the  non-ferrous  metals  industry,
which  contributes  about  14  %  of  the  emissions.  Same  as  for  arsenic,  cadmium
compounds  are  released  into  the  atmosphere  from  copper  and  lead  production
processes. However, zinc production is the  most  relevant  non-ferrous  metals  sector
regarding cadmium emissions. Zinc is associated with cadmium and the concentrates
are a source of this metal.

8

Anthropogenic sources considerably outweigh natural sources such as volcanogenic
aerosols and windblown dust. Estimates for global natural share amount to 10 %.

5.3

Mercury

Mercury may occur in several stable isotopes. In the environment it is mainly found
as elemental mercury and methyl mercury. In ambient air elemental mercury vapour
is the most common compound. Due to its long lifetime in the atmosphere, mercury
is  transported  over  large  distances.  Deposition  plays  a  major  role  in  the  transfer  of
mercury  from the atmosphere to surface  waters  and  soil  or  vegetation,  and  there  is
now steady accumulation of mercury in soils. In the aquatic environment, mercury is
transformed into methyl mercury.

Mercury is  monitored  only  at a  few  sites  and in general not  on  a  continuous  basis.
Concentrations of total gaseous mercury vary between less than 2 ng/m³ at European
background locations to a maximum of about 35 ng/m³ at heavily impacted locations.
No  trends  are  available  for  ambient  air  concentrations  of  total  gaseous  mercury.
However concentrations of mercury in precipitation show a constant downward trend
since 1995.

Natural  emissions  contribute  about  one  third  of  total  mercury  emissions  in  Europe
mainly  in  gaseous  elemental  form.  Volcanoes  are  seen  as  one  of  the  major  natural
sources  of  mercury  together  with  exhalation  of  the  element  from  aquatic  and
terrestrial ecosystems.

Anthropogenic  emissions  of  mercury  are  mainly  from  coal  combustion  and  waste
incineration  (about  50  %).  In  1990,  it  was  estimated  that  the  chlor-alkali  industry
contributed 12 % of the total of 245 tonnes in the Community. The EU-15 contribute
about  one  third  of  total  European  anthropogenic  emissions.  As  much  as  60  %  of
anthropogenic  emissions  of  mercury  in  Europe  are  estimated  to  be  in  a  gaseous
elemental form, 30 % as gaseous bivalent mercury and 10  % as elemental mercury
on particles.

The accuracy of emission estimates for anthropogenic sources is within 30 %, except
for waste incineration where it is believed to be much higher. Emission estimates for
natural  sources  are  thought  to  be  much  less  accurate  than  emission  estimates  for
anthropogenic sources.

5.4

Nickel

Nickel exists in a variety of species  which can be classified as  metallic, oxidic and
sulphidic nickel, or soluble nickel salts.

Current ambient air concentrations of nickel at rural sites generally do not exceed 2
ng/m³, with lowest values of 0.4 ng/m³. Urban background levels show a range of 1.4
to 13 ng/m³. Nickel concentrations monitored near industrial installations may be up
to  one  order  of  magnitude  higher  depending  on  the  type  of  installation  and  the
distance and position of the monitoring site.

Which  nickel  compounds  are  predominant  in  ambient  air  depends  on  their  origin.
Although  around  50  %  of  nickel  from  combustion  sources  may  be  soluble,  this
applies to less than 10 % of sulphidic nickel. Indicative measurements show oxidic

9

nickel to be the main fraction in ambient air. As regards size distribution, nickel in
ambient air has significant shares of coarse particles with a diameter around 10 µm.

Major anthropogenic sources of nickel are stationary combustion (55 %) and mobile
sources  and  machinery  other  than  road  transport  (30  %).  The  latter  figure  is  not
confirmed by national inventories, which attribute only a few percent to this source.
Total emissions from the Community in 1990 were 4860 tonnes. With a view to air
quality  the relevant sources  are  petroleum  refining  and  fugitive  emissions  from  the
electric arc furnace steel works.

Important  natural  sources  of  nickel  are  windblown  soil  and  volcanoes.
Anthropogenic  sources  considerably  outweigh  natural  sources.  Globally,  they  are
estimated at 35 %, but in Europe may be  presumed  to be  lower  as there are  hardly
any significant nickel deposits.

5.5

Polycyclic aromatic hydrocarbons

Polycyclic aromatic hydrocarbons (PAH) are a large group of compounds, consisting
of  two  or  more  fused  aromatic  rings  made  entirely  of  carbon  and  hydrogen.  While
the  physico-chemical  properties  of  PAH  vary  considerably,  the  semi-volatile
property of some PAH makes them highly mobile throughout the environment, with
deposition  and  re-volatilisation  processes  distributing  them  between  air,  soil  and
water. Some PAH are subject to long-range transport through the atmosphere making
them a transboundary environmental problem.

Comparable and consistent ambient PAH concentration figures for the whole of the
EU region are sparse and do not allow a detailed analysis of either total or species-
specific concentrations. The figures which do exist centre on concentrations of BaP.

In  the  1990s,  typical  annual  mean  concentrations  for  BaP  in  ambient  air  varied
between  0.1  and  1  ng/m3  in  rural  background  areas;  between  0.5  and  3  ng/m3  in
urban areas (traffic sites  are included  at  the  upper part of this range); and up  to 30
ng/m3  in  the  immediate  vicinity  of  certain  industrial  installations.  There  is  little
measurement  data  for  rural  communities  burning  coal  and  wood  domestically,  but
those measurements do suggest levels similar to those found in cities. Concentrations
can be high close to large industrial sites and busy roads.

PAH  are  emitted  from  a  number  of  industrial,  agricultural  and  domestic  sources,
major  contributors  being  combustion  of  solid  fuels  (best  estimate:  50  %  of  total
Benzo(a)pyrene  (BaP)  emissions),  and  to  a  much  lesser  extent  primary  aluminium
production  (15  %  in  1990)and  cokeries  (5  %  in  1990)  .  A  further  source  is  the
exhaust from road transport, i.e. from diesel engines (5 %). Important natural sources
are fires and volcanoes. BaP from industrial and mobile sources is largely associated
with the PM2.5 fraction. BaP from domestic sources is associated with a larger range
of particle size.

Current emission inventories have a high uncertainty because 75 % of the emissions
come  from  diffuse  sources.  For  the  relevant  industrial  sources  no  reliable  emission
estimate is possible because of substantial diffuse and fugitive emissions. Moreover
emissions  inventories  are  often  not  directly  comparable  as  some  address  BaP  only,
whilst others include additional compounds which are not always specified. Despite
current  uncertainties  in  PAH  emission  inventories,  a  continued  reduction  in  total

10

mass emission from 1990 to 2010 is anticipated, predominantly related to industrial
and mobile sources.

Agricultural  and  natural  sources  such  as  stubble-burning  or  accidental  burning  of
forests  may  contribute  significantly  to  PAH  levels  in  certain  locations.  Due  to
uncertainties in the emission factors and the frequency of these events, it is difficult
to quantify their contribution.

6

ABATEMENT STRATEGIES

From  Section  5  it  can  be  concluded  that  industrial  emissions  of  arsenic,  cadmium,
and  nickel  affecting  ambient  air  quality  come  from  non-ferrous  metals  industry,
electric arc steel works and petroleum refineries.

These  industrial  activities  are  all  subject  to  the  IPPC  Directive  and  are  thereby
required  to  apply  BAT  by  2007  at  the  latest.  Member  States  are  obliged  to  take
account  of  the  BAT  reference  documents  (BREFs),  which  provide  European  level
sector benchmarks on what constitutes BAT when setting permit conditions. Several
BREFs22 address fugitive heavy metal emissions from industrial sources and set out
the best techniques to reduce these to achieve a high level of environment protection.

It is to mention that in assessing the implementation of the IPPC directive a lack of
common  understanding  and  application  of  BAT  and  inadequate  monitoring  were
identified among the major shortcomings. With regard to industrial sources the IPPC
Directive  refers  to  monitoring  as  a  precondition  to  assess  the  abatement  measures
laid  down  in  the  permits.  A  BREF  on  the  General  Principles  of  Monitoring
emphasises the increase in the relative importance of diffusive  and  fugitive  sources
and  the  growing  need  to  monitor  those  releases.  To  this  purpose  the  BREF
recommends  to  quantify  emissions  from  down-wind  air  quality  data  and  from  the
deposition of relevant pollutants.

The  BREF  on  the  non-ferrous  metals  industry  mentions  that  heavy  metals  can  be
emitted  from  most  stages  of  the  production  process.  It  reports  fugitive  emissions
from  smelters  of  the  same  order  of  magnitude  as  stack  emissions  and  mentions
storage, handling and pre-treatment of raw materials as a major source of diffuse and
fugitive releases. Maintenance is identified as a key abatement measure in this sector.

Petroleum refineries meet different technical standards. Moreover the emission rates
depend on whether high or low sulphur crude oil is used. The release of heavy metals
occurs  mainly  via  the  flue  gases  from  process-fired  heaters  and  boilers.  Emission
reduction  by  switching  to  low  sulphur  crude  oil  is  restricted  by  the  limited
availability  of  the  product  and  technical  requirements.  In  some  places  the  use  of
natural gas as a replacement fuel could be a reasonable abatement option. The BREF
on Mineral Oil and Gas Refineries lists a limited number of further options to abate
releases  to  ambient  air,  such  as  optimisation  of  catalytic  cracking  and  retrofitting
heaters and boilers of older installations.

The  BREF  on  the  Production  of  Iron  and  Steel  refers  to  an  increase  of  the  dust
collection efficiency as a major abatement option in electric arc steel works. Besides

22 http:///eippcb.jrc.es

11

                                                
optimisation  of  raw  material  handling  and  storage  it  is  mentioned  that  emphasis
should  be  given  to  waste  gas  de-dusting  by  application  of  a  well-designed  fabric
filter.

As can be seen from Section  5 high  ambient  air  concentrations  of  PAH  are  mainly
due to domestic heating by solid fuels, but also to a lesser  extent  to  road transport,
cokeries and aluminium production.

Emissions from solid fuel consumption for domestic heating, i.e. wood and biomass
burning and the use of coal, can be substantially reduced by the application of rules
of good practice. They are not regulated through Community legislation and the net
size  of  this  source  is  likely  to  remain  constant  up  to  2010  without  any  additional
incentive. Increased combustion efficiency in modern stoves could lead to substantial
reductions in PAH emissions.

The BREF on the production of iron and steel refers to cokeries. It lists diffuse and
fugitive emissions from various sources such as leakages from lids, oven doors and
leveller  doors,  ascension  pipes  and  emissions  from  certain  operations  like  coal
charging, coke pushing and coke quenching as relevant sources of PAH. In addition,
fugitive  emissions  arise  from  the  coke  oven  gas  treatment  plant.  To  abate  such
emissions  the  BREF  recommends  placing  emphasis  on  smooth  and  undisturbed
operation as well as on maintenance of coke ovens.

Emissions  from  aluminium  production  are  only  relevant  for  air  quality  near  plants
still  using  the  Söderberg  process.  PAH  emissions  from  a  Söderberg  plant  are  two
orders of magnitude higher than those from one based on anode baking.

The  Directive  98/70/EC  relates  to  the  quality  of  fuels  limits  the  PAH  content  in
diesel fuels. A further reduction of total mass emission from road transport could be
achieved by introducing measures that would reduce particulate emissions from the
diesel engines.

This  proposal  will  monitor  the  effectiveness  of  measures  implemented  under  the
IPPC  Directive  by  assessing  the  air  quality near  industrial  installations.  Relating  to
these installations it does not entail any measures beyond the application of BAT as
required  by  IPPC.  In  particular  the  concept  of  BAT,  i.e.  requiring  only  such
techniques  which  allow  implementation  under  economically  and  technically  viable
conditions, prevents the closure of existing installations to meet air quality standards.
Furthermore for sectors not covered by the IPPC Directive, e.g. domestic heating by
solid fuels and road traffic, this proposal will require Member States to implement all
abatement measures that are not entailing excessive costs.

7

IMPACT ON HUMAN HEALTH

The Working Groups mentioned in Section 4 concluded on ambient air concentration
levels,  which  would  minimise  harmful  effects  on  human  health.  The  assessment  is
based  on  the  concept  of  unit  risk,  which  corresponds  to  the  extra  risk  to  conceive
cancer, if continuously exposed to 1 µg/m3 for a lifetime. For pollutants where WHO
provides a unit risk   thresholds relateto an acceptable excess lifetime risk. As WHO
provides  no  recommendation  as  to  what  level  of  risk  is  acceptable,  the  approach
followed by the Working Groups was the same as that of Directive 98/83/EC on the

12

quality of water intended for human consumption23, where an additional lifetime risk
of  one  in  a  million  was  used  as  the  starting  point.  Where  no  unit  risk  could  be
provided  the  assessment  of  impacts  on  human  health  has  regard  to  non-cancer
effects.  The  proposed  protection  levels  were  in  general  supported  by  the  Scientific
Committee  for  Toxicity,  Ecotoxicity  and  Environment  (CSTEE)24.  The  Committee
also emphasized, in the case of PAHs, the limitations of current scientific, technical,
epidemiological  knowledge  to  assess  a  level  of  risk  of  these  concentrations  in
ambient air and recommended further research.

7.1

Arsenic

Arsenic  in ambient air may  have important  effects  on  human  health.  In  addition  to
non-carcinogenic  effects  the  most  significant  adverse  effects  from  prolonged
exposure to arsenic are lung and skin carcinogens. The International Agency on the
Risks  of  Cancer  (IARC)  classifies  arsenic  as  a  known  human  carcinogen.  The
Working  Group  on  metals  felt  that  at  present  there  is  not  sufficient  evidence  that
arsenic  may  act as  a  genotoxic25 agent,  implying  that  for  the  known  mechanisms  a
safe  threshold  does  exist.  On  the  contrary  CSTEE  is  of  the  opinion  that  arsenic
should  be  classified  as  genotoxic.  Oral  uptake  of  arsenic  is  of  minor  importance
compared to carcinogenic effects due to inhalation.

In  presuming  arsenic  to  be  a  genotoxic  human  carcinogen,  and  thereby  concluding
that there is no threshold level below which no effect would occur, any assessment of
the risk to human health should be based on the unit-risk-approach. WHO proposes a
unit  risk  of  1.5  x  10-3  (µg/m³)-1  for  arsenic.  This  unit  risk  is  the  extra  risk  of
contracting  lung  cancer,  if  continuously  exposed  to  1  µg/m3  for  a  lifetime.
Translating  this  unit  risk  into  an  annual  average  concentration  that  equates  to  a
lifetime risk of one in a million, gives a concentration of 0.66 ng/m³.

However, with regard to the likely existence of a threshold, the Working Group felt
that  the  unit-risk-approach  would  overestimate  the  true  risk.  The  majority  of  the
members  supported  a  “pseudo-threshold”  approach  concluding  that  annual  mean
concentrations  of  total  arsenic  below  a  range  of  4  to  13  ng/m³  would  minimise
harmful effects on human health.

7.2

Cadmium

Though  generally  the  oral  uptake  of  cadmium  is  the  most  important  route  of
exposure there is sufficient evidence that cadmium in ambient air constitutes a risk to
human health. It may have important cancer as well as non-cancer effects and there is
also a reasonable chance that it could be genotoxic. With regard to non-cancer effects
the kidney is the critical organ. From occupational studies a LOAEL26 of 100 µg/m³
times  years  was  identified  by  WHO  in  connection  with  renal  dysfunction.
Extrapolating  this  to  a  NOAEL27  taking  into  account  lifetime  exposure  and
intraspecies uncertainty WHO recommends a non-cancer limit value of 5 ng/m³.

23 OJ L 330, 5.12.1998, p.32.
24 http://europa.eu.int/comm/food/fs/sc/sct/index_en.html
25 genotoxic substances are capable of causing damage to DNA
26 Lowest-observed-adverse-effect level, as defined by the WHO Air Quality Guidelines for Europe
27 No-observed-adverse-effect level, as defined by the WHO Air Quality Guidelines for Europe

13

                                                
Though cadmium and its compounds are classified as a human carcinogen by IARC,
WHO  felt  unable  to  recommend  a  reliable  unit  risk  due  to  the  influence  of
confounding  exposure  to  arsenic  in  the  available  epidemiological  studies.  Without
taking account of possible confounding, the US EPA recommends a unit risk of 1.8
10-3  (µg/m³)-1.  By  accepting  an  excess  risk  of  one  in  a  million  this  results  in  a
concentration of 0.24 ng/m³.

The Working Group on metals and the CSTEE considered the US EPA approach to
be overprotective, though they agree that there is not sufficient evidence to classify
cadmium  as  non-genotoxic.  They  recommend  that  an  annual  mean  of  the  total
concentration  of  cadmium  in  ambient  air  of  5  ng/m³  should  not  be  exceeded  to
prevent adverse non-cancer effects. This corresponds to accepting at most an excess
life-time risk of 20 cases per million.

7.3

Mercury

The impact of mercury on human health and the environment results from different
toxicokinetic mechanisms  depending on  the  chemical  form,  i.e.  elemental  mercury,
and organic and inorganic mercury compounds.

The major exposure route to mercury is via ingestion. Chronic exposure to mercury
through  any  route  can  produce  central  nervous  system  damage  and  have  adverse
effects on the  kidneys.  It  may damage  developing  foetuses  and  decrease  fertility in
males and females. Methylmercury is classified  as  a  possible human carcinogen  by
IARC,  while  elemental mercury is considered not  classifiable.  Metalllic  mercury  is
not classifiable  as to  carcinogenity according to  IARC. Mercury may  cause muscle
tremors,  personality  and  behaviour  changes,  memory  loss,  metallic  taste,  loosening
of  the  teeth,  digestive  disorders,  skin  rashes,  and  brain  and  kidney  damage.  It  can
cause skin allergies and accumulates in the body.

Exposure to elemental mercury, i.e. Hg(0), is mainly from dental fillings and only to
a  minor  extent  from  inhalation  or  ingestion.  Based  on  a  LOAEL-approach  it  was
found  that  an  annual  average  concentration  of  50  ng  Hg(0)  per  m³  should  not  be
exceeded in ambient air.

Inorganic  mercury  compounds  are  only  poorly  absorbed  and  the  majority  of  the
inhaled or ingested dose is excreted in faeces.

7.4

Nickel

The non-cancer effects on human health of nickel in ambient air are in the respiratory
tract, the immune system and endocrine regulation. Effects depend on the form of the
nickel, soluble nickel compounds having the greatest impact.

The  Working  Group  on  metals  and  the  CSTEE  found  that  no  NOAEL  could  be
identified from available studies. Starting from a LOAEL of 0.06 mg/m³, taking into
account  inter- and intraspecies uncertainties  and  extrapolating  from  non-continuous
to life-time exposure the Working Group recommended that a total concentration of
between 10 and 50 ng/m³ of nickel in ambient air as an annual average should not be
exceeded. The CSTEE regards the lower value as appropriate, but proposes to work
on the assumption that soluble nickel compounds in general form no more than 50 %

14

of total nickel in ambient air. Accordingly CSTEE recommends that to prevent non-
cancer effects from nickel a concentration of 20 ng/m³ should not be exceeded.

IARC  classified  several  nickel  compounds  as  carcinogens  and  metallic  nickel  as
possible carcinogen . As there is not sufficient evidence that nickel is non-genotoxic
the Working Group on metals and the CSTEE felt that no threshold could be set. The
WHO recommends a unit risk of 3.8 10-4 (µg/m³)-1. Based on this number an excess
lifetime risk of one in a million corresponds to a concentration of 2.5 ng/m³. CSTEE
considers  this  to  be  a  conservative  estimate  as  even  sulphidic  nickel,  the  most
prevalent  compound,  contributes  only  10  %  of  the  total  nickel  concentration  in
ambient  air.  CSTEE  therefore  considers  that  a  concentration  of  20  ng/m³  provides
reasonable protection from carcinogenic effects.

7.5

Polycyclic aromatic hydrocarbons

Humans are never exposed to single PAH compounds, so it has not been possible to
classify  individual  PAH  compounds  as  proven  human  carcinogens.  Ambient  PAH
include  substances  which  are  classified  by  IARC  as  probable  or  possible
carcinogens. Several PAH are genotoxic as well. The exposure route is via inhalation
into the lungs of PAH compounds associated with airborne particles.

Occupational studies exist which can be used as the basis for estimating the risk to
human health posed by ambient levels of PAH. On the balance of current evidence,
the  Working  Group  has  adopted  BaP  as  an  indicator  compound  for  assessing  the
risks  associated  with  ambient  mixtures  of  PAH  compounds.  On  the  other  hand,
CSTEE is of the opinion that present evidence only allows BaP to be used as a semi-
quantitative  marker  for  the  presence  of  carcinogenic  PAH.  Because  there  are
insufficient data available, CSTEE recommends further research.

Extensive  mechanistic  studies  have  shown  that  many  PAH  compounds  -  including
some present in ambient air - are complete carcinogens, i.e. they can both induce and
promote  cancer.  These  effects  are  referred  to  as  genotoxic  and  epigenetic  effects,
respectively.  In  presuming  BaP  to  be  a  genotoxic  human  carcinogen,  and  thereby
concluding that there is no threshold level below which no effect would occur, any
air  quality  standard  should  be  based  on  the  unit-risk-approach.  However  the  dose-
response relationship of promotion is better described by an S-shaped curve - it being
accepted  that  there  is  a  threshold  of  effect  below  which  promotion  will  not  take
place.

The WHO proposes a unit risk of 8.7 x 10-5 (ng/m³)-1 for BaP. This unit risk is the
extra  risk  of  contracting  cancer  if  continuously  exposed  to  1  µg/m3  for  a  lifetime.
The  WHO  provides  no  recommendation  as  to  what  level  of  risk  is  tolerable.
Translating  the  unit  risk  given  above  into  an  annual  average  concentration,  which
equates to a lifetime risk of one in a million, gives a concentration of 0.01 ng/m³. The
Working Group and CSTEE are both of the opinion that given the presumed S-shape
of the dose response, a linear extrapolation of this kind most likely overestimates the
carcinogenic risk.

15

8

DEPOSITION – IMPACT ON SOIL, WATER AND CROPS

Local  and  diffuse  soil  contamination  by  deposition  is  a  relevant  cause  for  soil
degradation.  Deposition  and  accumulation  of  heavy  metals  and  persistent  organic
pollutants  in  soils  lead  to  oral  uptake  via  the  food  chain.  For  systemicly  acting
pollutants  like  cadmium,  the  oral  uptake  from  food  or  soil  (children)  can  be  more
important  than  the  inhalation.  In  the  long  term,  accumulation  of  metal  compounds
and  PAH  in  soil  can  cause  problems  by  increased  uptake  and  contamination  of
plants.  In  the  short  term,  dust  deposits  also  cause  contamination  of  above-ground
plant  parts.  This  can  enhance  transfer  to  humans  via  contact,  e.g.  children  having
contact with plants and bare soil and taking up heavy metals via contaminated hands,
or by the consumption of vegetables.

Taking  into  account  the  levels  of  arsenic,  cadmium  and  nickel  compounds  in  the
environment,  the  Working  Group on Metals (see Section 4)  found  that  cadmium  is
without any doubt the most relevant metal for oral uptake.

Cadmium compounds act as systemic pollutants and their transfer into the food chain
is of particular relevance. The Working Group therefore recommends that deposition
of cadmium should not exceed 2.5 to 5 µg/(m²day) as an annual mean. This range is
based on a tolerable daily dose of 0.75 to 0.95 µg per kg body weight and day. The
recommendation  does  not  pay  particular  regard  to  the  evidence  that  cadmium  has
been  accumulating  in  soils  for  recent  decades.  A  thematic  strategy  for  avoiding
further  degradation  of  soils  due  to  the  contamination  is  currently  prepared  by  the
Commission.

Furthermore  the  Working  Group  found  that  the  oral  uptake  of  arsenic  is  the  most
important route of exposure, however regarding its carcinogenic effect inhalation is
of major importance. For nickel the Working Group found that the risk evaluation is
clearly dominated by effects on the respiratory system.

Whilst the physico-chemical properties of PAH vary  considerably  the  semi-volatile
property  of  some  PAH  makes  them  highly  mobile  throughout  the  environment,
deposition and re-volatilisation distributing them between air, soil and water bodies.
Same  as  for  other  persistent  organic  pollutants  accumulation  of  PAH  promotes
degradation and the functioning of the soil.

The most important exposure route of methylmercury (MeHg) is oral uptake through
diet, in particular through fish. Methylmercury is the most important organic mercury
compound as it is rapidly and extensively absorbed through the gastrointestinal tract.
A reference dose of 0.1 µg MeHg per kg body weight and day is recommended by
the US EPA and is considered appropriate for Europe as well.

Elemental mercury emitted into the atmosphere is deposited, thus entering terrestrial
and aquatic ecosystems where it is converted into MeHg. However major parts of the
mercury cycle in the environment are still unknown and subject to further research.
This applies to emissions, transport, deposition, transformation and bioaccumulation.
The  Working  Group  on  Mercury  (see  Section  4)  stated  that  there  is  no  universal
relationship  between 
the  anthropogenic  emission  of  mercury  and  MeHg
concentrations in fish.

16

To  assess  the  effectiveness  of  control  measures  and  overall  input  into  aquatic  and
terrestrial ecosystems a mandatory monitoring network for total gaseous mercury in
ambient air and mercury in deposition should be established in the Community.

9

COSTS AND BENEFITS

The  purpose  of  the  economic  studies  mentioned  in  Section  4  was  to  estimate  the
additional  costs  and  the  likely  benefits  of  actions  required  to  meet  the  range  for
ambient air  concentration levels,  which  would  minimise  harmful  effects  for  human
health, as recommended by the Working Groups mentioned earlier.

The  studies took a sector-specific  approach,  investigating the  profile of each sector
by analysing sources of emissions and how they could be reduced. A comparison of
future  air  quality  in  2010  under  "business-as-usual"  against  the  considered
concentration  levels  led  to  an  investigation  of  packages  of  additional  emission
reduction  techniques  to  enable  compliance.  Finally  a  cost  assessment  was  done  to
identify the least costly package.

The studies considered impacts on mortality from exposure. Benefits were quantified
in monetary terms in order to allow them to be compared with the costs of meeting
the considered concentration levels.

It must be stated that secondary benefits have not been taken into account, as it is not
yet  possible  to  monetise  them.  These  benefits  include  for  example  reductions  in
adverse impacts on ecosystems and crops or reductions in occupational exposure.

Economic aspects relating to mercury were not studied as there is no indication that
current ambient air concentrations pose a significant risk to human health.

The costs associated with the monitoring of air quality concentrations and deposition
have  been  assessed  concluding  from  current  operation  costs  in  selected  Member
States.

9.1

Arsenic

Following  discussions  in  the  Working  Group  on  metals,  costs  and  benefits  were
estimated  with  regard  to  emissions  from  relevant  sources  for  five  possible
concentration values, namely 20 ng/m³, 13 ng/m³, 5 ng/m³, 4 ng/m³, and 1 ng/m³. It
was considered technically impossible to attain the lowest value at nearly all sites by
the  target  year  2010.  For  one  copper  production  site  and  one  lead  production  site,
plant  closure  was  considered  the  only  way  of  achieving  even  the  highest  of  these
values.  In  order  to  achieve  the  recommended  range  of  concentrations  from  4  to  13
ng/m³, the study concluded that where compliance techniques could be applied costs
clearly outweigh the specific quantifiable benefits.

Application of BAT to the nine major copper refineries in the EU-15 is presumed to
result  in  maximum  ambient  air  concentrations  in  the  range  of  10  to  20  ng/m³.  An
estimate  of  €19  million  per  year  is  given  for  attainment  costs  in  the  copper  sector.
Benefits  resulting  from  lower  mortality  due  to  the  attainment  of  a  concentration  in
the range of 4 to 13 ng/m³ were estimated to amount to only €0.1 million per year.

17

There  were  insufficient  data  available  to  quantify  costs  at  lead  production  sites.
Compliance  at  nickel  and  nickel  alloy  production  sites  would  be  achieved  through
investment in abatement measures for nickel (see Section 9.3).

9.2

Cadmium

Following  discussions  in  the  Working  Group  on  metals,  costs  and  benefits  were
estimated for three possible concentration values, namely 15 ng/m³, 5 ng/m³ and 0.5
ng/m³.  The  lowermost  value  was  considered  unlikely  to  be  attainable  at  nearly  all
sites by the target year 2010. For one copper production site and one lead production
site, plant closure was considered the only way of achieving even the highest of those
values.  In  order  to  achieve  the  recommended  concentration  level  of  5  ng/m³,  the
study  concluded  that  where  compliance  techniques  could  be  applied  costs  would
clearly outweigh the specific quantifiable benefits.

Monitoring data from the 1990s show cadmium concentrations of 30 ng/m³ or even
higher  near  zinc  production  sites.  Application  of  BAT  is  supposed  to  achieve  the
recommended concentration level at 14 out of the 19 major zinc production sites. For
the remaining five sites a best estimate of a total of €24 million per year is given for
attainment costs. Benefits  from  lower mortality  due  to  the  attainment  of the  named
concentration level would amount to only €0.2 million per year.

At  two  copper production  sites  it  was  considered  technically  impossible  to  achieve
the named concentration level, mostly due to resuspension, whereas at the remaining
sites compliance  could  be  achieved by investing  in  abatement  measures  for  arsenic
(see  section  9.1).  There  were  insufficient  data  available  to  quantify  costs  at  lead
production sites.

9.3

Nickel

Following  discussions  in  the  Working  Group  on  metals,  costs  and  benefits  were
estimated for four possible concentration values: 50 ng/m³, 30 ng/m³, 10 ng/m³ and 3
ng/m³. The lowest value was considered unlikely to be attainable by the target  year
2010  at  nearly  all  sites,  while  50  ng/m³  was  considered  to  be  attainable  at  all  sites
without any additional costs. For concentrations in  the range of 20 ng/m³ the study
concluded  that  where  compliance  techniques  could  be  applied,  costs  would  clearly
outweigh  the  specific  quantifiable  benefits.  Moreover,  the  study  concluded  that  it
was  technically  impossible  to  attain  a  value  of  10  ng/m³  near  the  nine  copper
production sites in the EU-15.

Substantial investment costs would be necessary beyond implementation of existing
legislation to attain a concentration of 10 ng/m³ near specific industrial installations.
A best estimate of €405 million per year is given for costs at 48 petroleum refineries
in the EU-15; costs for compliance techniques to be applied at 11 petroleum refining
sites to achieve a value of 30 ng/m³ are estimated to €136 million. Attainment costs
were  estimated  at  between  €54  and  73  million  per  year  at  the  34  out  of  about  250
electric  arc  furnaces  and  at  €6  million  per  year  at  the  four  nickel  and  nickel  alloy
production sites. Benefits resulting  from lower mortality  due  to  the  attainment  of  a
concentration of 20 ng/m³ were estimated at only €0.3 million per year.

There  were  insufficient  data  available  to  quantify  attainment  costs  at  zinc  and  lead
production sites, and the costs for emissions from shipping in the vicinity of ports.

18

9.4

Polycyclic aromatic hydrocarbons

Following  discussions  in  the  Working  Group  on  PAH,  costs  and  benefits  were
estimated  with  BaP  serving  as  a  marker.  Five  possible  concentration  values  -  5.0
ng/m³,  1.0  ng/m³, 0.5 ng/m³, 0.05 ng/m³  and  0.01  ng/m³  -  were  investigated  with  a
view to attainment by 2010. The lowest of these standards is clearly far exceeded by
current background concentrations and could not be attained by 2010 if ever.

At present, ambient air concentrations of more than 5 ng/m³ can be observed in the
vicinity of cokeries and aluminium plants using the Söderberg process. In 2010 these
PAH  ambient  air  levels  are  still  to  be  expected,  even  using  BAT.  To  attain  a
concentration value in the range of 1 to 5 ng/m³, the only alternative to plant closure
would be conversion into a new plant. However, the best cost estimate – of about €
10  million  for  a  plant  conversion  from  the  Söderberg  process  to  a  pre-bake
technology  plant  -  would  clearly  outweigh  the  total  benefits  for  all  plants,  which
work out at €3 million in terms of lower mortality.

According to estimates, solid fuel consumption for domestic heating, i.e.  wood  and
biomass burning and the use of coal, is expected to be the cause of 86 % of the lung
cancers in the EU 15 which will be attributable to PAH in 2010. An economic study
carried out for the Commission estimates the benefits of reducing emissions to meet
a concentration value of 1 ng/m3 BaP to be approximately  €150 million a  year  and
total costs for stove optimisation in the  EU 15 at € 2,5-€ 3,7  billion over 10  years.
The study points out that these cost estimates are uncertain and should be regarded as
a maximum. The report concludes that annualised costs will be of a broadly similar
magnitude  to  the  estimated  benefits.  The  ratio  between  costs  and  benefits  varies
between Member States, because of different ambient air concentrations, penetration
rates  and  replacement  costs  for  new  stoves  etc.  Therefore,  to  decide  on  which
measures to implement in regions where the target value is exceeded, the competent
authorities  concerned  should  base  themselves  on  a  specific  assessment  of  which
measures will be appropriate in their region.

Many of the measures that could be introduced to reduce PAH emissions from traffic
will  follow  from  legislation  on  other  pollutants,  and  from  measures  to  reduce
congestion  in  towns  and  cities.  But  it  will  clearly  be  difficult  to  define  baseline
concentrations  for  2010  because  of  uncertainty  over  the  extent  to  which  these
measures  will  be  implemented.  A  best  estimate  of  the  benefits  of  meeting  1  ng/m³
BaP for traffic emissions would be €7 million per year.

9.5

Costs for monitoring air quality and deposition

Based on data from selected Member States who are running monitoring stations on
an operational base the average analysing costs per sample are estimated to €15 for
each  of  the  heavy  metals  and  €100  for  BaP.  The  total  number  of  samples  is
calculated  based  on  the  provision  that  monitoring  would  be  mandatory  where
ambient air concentrations pose a significant risk to human health.

Concluding  from  the  economic  study  on  PAH  BaP  monitoring  would  be  required
around most of the cokeries, in some residential areas and in several agglomerations.
Overall  about  100  sites  for  fixed  measurement  may  be  required  within  the  EU  15.
Based  on  time  coverage  of  33  %  and  24-hour  sampling.  Including  also  the
background monitoring of BaP concentration and deposition at about 40 sites taking

19

20  samples  per  year,  total  costs  for  BaP  monitoring  would  amount  to  about  €1,5
million per year.

Concluding  from  economic  assessment  about  100  monitoring  sites  for  arsenic,
cadmium and nickel would have to be operated in the EU 15. Based on a sampling
period  of  no  more  than  one  week  and  a  time-coverage  of  50  %  the  overall  annual
costs can be estimated to €250 000.

From a background monitoring of ambient air concentrations and deposition rates of
arsenic, cadmium and nickel at about 40 sites with a lower sampling frequency, i.e.
20 samples per year, there would result costs of about €80 000 per year.

10

THE SITUATION IN AN ENLARGED EUROPEAN COMMUNITY

Information on the situation in the Accession Countries (AC) is available from data
reported under the Convention on Long-Range Transboundary Air Pollution28. From
data submitted for 1999 it may be concluded that total cadmium and PAH emissions
from the ten AC exceed those from the EU 15 while emissions of arsenic and nickel
are some 50 % of EU 15 levels.

As in the European Community, the iron and steel and non-ferrous metals industries
are  the  major  contributors  to  arsenic,  cadmium  and  nickel  emissions  in  the
enlargement area. Because of its industrial structure, up to half of the emissions come
from Poland; with further major contributions from Bulgaria and Romania. Lithuania
has  significant  nickel  emissions.  As  in  the  EU  15  a  downward  trend  has  been
observed  since  1990.  Implementation  of  the  acquis  communautaire  will  ensure  a
further reduction of environmental emissions.

BaP emissions in the enlargement area exceeded Community figures for 1999, major
contributors being Poland, Romania and the Czech Republic. Since 1990 the trends
has been only slight downwards. Although no sectoral analysis is available for PAH
emissions, it may be assumed from general emission patterns that major sources are
domestic heating and cokeries.

There  is  little  monitoring  data  on  ambient  air  concentrations  of  heavy  metals  and
PAH for the accession countries. From the information available it may be concluded
that in large areas air concentration levels, which would not pose a significant risk to
human  health,  are  exceeded.  Due  to  the  lack  of  data  it  has  not  been  possible  to
include  the  enlargement  area  in  the  cost-benefit  analyses.  It  can  be  assumed,
however,  that  in  most  exceedance  areas  attainment  of  the  mentioned  concentration
levels would not be possible without closing industrial plants. At the same time the
benefits  from  some  basic  improvements  towards  best  available  techniques  would
probably offset the costs.

28 http://www.emep.int/emis_tables/tab1.html

20

                                                
11

THE COMMISSION’S PROPOSAL

11.1

Target value

As there are no cost-effective measures to attain everywhere the concentration levels
that  would  not  give  rise  to  harmful  effects  on  human  health  the  proposal  does  not
follow Directive 96/62/EC, which foresees to set binding limit values.

In particular with a view to the risk to human health posed by PAH emissions from
domestic  heating  and  road  traffic  a  target  value  of  1  ng  BaP  /m³  in  ambient  air  is
proposed, which must be attained as far as possible and without entailing excessive
costs. This target value refers to an annual average of the PM10 particle fraction in
ambient air. Attainment of these concentrations would ensure a reasonable protection
of the population from carcinogenic effects.

To ensure the best protection of human health all proportionate abatement measures
should  be  taken  where  the  target  value  is  exceeded.  In  this  context  the  proposal
complements the IPPC directive by raising awareness of any exceedance of the target
value given above and by ensuring that achievements with regard to improvement of
air quality are adequately monitored.

11.2

Air quality and deposition monitoring

The  proposal  foresees  mandatory  monitoring  where  concentrations  exceed  the
following assessment thresholds,

– 

– 

– 

– 

6 ng arsenic /m³,

5 ng cadmium /m³,

20 ng nickel /m³,

1 ng BaP /m³.

As  concentrations  below  these  levels  would  minimise  harmful  effects  on  human
health  only  indicative  monitoring  of  concentrations  of  arsenic,  cadmium,  mercury,
nickel  and  specific  PAH  at  a  limited  number  of  sites  is  required  where  the
assessment thresholds are not exceeded. The objective of this background monitoring
would  be  to  assess  the  impact  on  human  health  and  the  environment  For  the  same
purpose the monitoring of total deposition of arsenic, cadmium, mercury and PAH is
required.

11.3

Assessment and reporting of air quality and deposition

Member States would be required to inform the Commission and the public on any
exceedance  of  the  target  value,  the  reasons  thereof  and  any  measures  taken.  After
2007,  application  of  BAT  would  be  required  for  any  industrial  installation
contributing to the exceedance.

The proposal lays down provisions for the siting and number for the monitoring sites.
Member  States  would  have  to  inform  the  Commission  and  the  public  on  the  air

21

quality and deposition. Decision 97/101/EC on reciprocal exchange of information29
shall be amended with a view to ensure mandatory reporting of the monitoring data.

11.4

Report on the implementation

The  Commission  considers its proposal both ambitious and practical in the light  of
the  balance  of  evidence  available.  It  is  intended  to  assess  the  effectiveness  of  the
abatement measures, which can reasonably be taken by Member States to reduce the
emissions of arsenic, cadmium and nickel and PAH.

The  Commission  considers  it  essential  however  that  the  objectives  should  be
reviewed in due course. This review should give particular emphasis to new evidence
on  the  genotoxicity  of  arsenic,  cadmium  and  nickel  and  the  suitability  of  BaP  as  a
marker for the total carcinogenicity of PAH as well as its dose response. Moreover
progress to meet the target value should be reviewed giving special attention to the
comparison  of  the  emissions  at  locations  that  are  similar  with  respect  to  the
contributing sources.

With regard to mercury, the Commission considers it essential that the evidence for
total exposure should be reviewed in due course. This review should give particular
emphasis  to  source-receptor  relationships  and  the  transformation  of  mercury  in  the
environment.

The  proposal  will  require  the  Commission  to  report  by  2008  at  the  latest  on
implementation of this Directive.

11.5

Legal base

The legal basis for the proposal is Article 175 (1)of the Treaty. The objectives of the
proposed directive relate to conservation, protection, and improvement of the quality
of the environment, and the protection of human health.

12

EXPLANATION OF THE DETAILED PROVISIONS OF THE PROPOSAL

Article 1 and 2

These  Articles  set  out  the  aims  of  the  present  proposal  and  set  out  definitions
necessary for the interpretation of the present proposal.

Articles 3

Provisions  for  regulating  PAH  in  ambient  air  are  laid  down.  In  particular  a  target
value  is  set  for  BaP.  Provisions  are  given  for  the  case  when  the  target  value  is
exceeded.

Articles 4 incl. Annexes

Requirements for the monitoring of air quality and deposition are given. Annex I lays
down the corresponding assessment thresholds. Provisions for the minimum number

29 OJ L 35, 5.2.97, p. 14, as amended by Decision 2001/752/EC, OJ L 282, 26.10.2001, p. 69.

22

                                                
and the location of monitoring sites are laid down where Annexes II and III set out
full details. Reference methods are defined in Annex IV.

Article 5

Member States will be required to forward to the Commission information on zones
and agglomerations where a target value is not met or where an assessment threshold
is exceeded. The Commission must make this information available to the public.

Article 6

This  Article  establishes  a  committee  to  assist  the  Commission  according  to  Article
12(2) of Directive 96/62/EC.

Article 7

This Article requires Member States to supply regular information to the public and
appropriate  organisations  about  arsenic,  cadmium,  mercury,  nickel  and  polycyclic
aromatic hydrocarbons, and in particular on the respective target value for BaP.

23

Article 8

This  Article  requires  the  Commission  to  report  to  Council  and  the  European
Parliament no later than 31 December 2008 on implementation of this Directive and
progress in understanding of the pollutants with which it deals.

Articles 9 to 12

These are standard provisions.

24

2003/0164 (COD)

Proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

relating to arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons in
ambient air

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal from the Commission1,

Having regard to the opinion of the European Economic and Social Committee2,

Having regard to the opinion of the Committee of the Regions3,

Acting in accordance with the procedure laid down in Article 251 of the Treaty4,

Whereas:

(1)

(2)

(3)

On  the  basis  of  principles  enshrined  in  Article 175(3)  of  the  Treaty,  the  Sixth
Community  Environment  Action  Programme5,  adopted  by  Decision  No.
1600/2002/EC of the European Parliament and of the Council6, establishes the need to
attain  levels  of  pollution,  which  minimise  harmful  effects  on  human  health  and  the
environment and to improve the monitoring and assessment of air quality including the
deposition of pollutants, and to provide information to the public.

Article  4(1)  of  Council  Directive  96/62/EC  of  27 September 1996  on  ambient  air
quality  assessment  and  management7,  foresees  that  the  Commission  would  submit
proposals  for regulating the pollutants  listed  in  Annex  I  to  that  Directive  taking  into
account the provisions laid down in paragraphs 3 and 4 of that Article.

Scientific evidence shows that arsenic, cadmium, nickel and some polycyclic aromatic
hydrocarbons  are  human  genotoxic  carcinogens  and  that  there  is  no  identifiable
threshold below which these substances do not pose a risk to human health. Impact on
human  health  and  the  environment  occurs  via  concentrations  in  ambient  air,  and  via

1 OJ C , , p. .
2 OJ C , , p. .
3 OJ C , , p. .
4 Opinion of the European Parliament of (not yet published in the Official Journal), Council Common Position of
……(not yet published in the Official Journal) and Decision of the European Parliament of ……. (not yet
published in the Official Journal).
5 OJ L 242, 10.9.2002, p. 1
6 OJ L 242, 10.9.2002, p. 1
7 OJ L 296, 21.11.1996, p. 55.

25

                                                
deposition.  With  a  view  to  economic  and  technical  feasibility,  ambient  air
concentrations  of  arsenic,  cadmium,  nickel  and  polycyclic  aromatic  hydrocarbons,
which  would  not  pose  a  significant  risk  to  human  health,  cannot  be  achieved  in
specific areas.

(4)

Benzo(a)pyrene  shall  be  used  as  a  marker  for  the  carcinogenic  risk  of  polycyclic
aromatic hydrocarbons in ambient air and a target value shall be set, to be attained as
far as possible.

(4bis) The  target  value  for  benzo(a)pyrene  would  not  require  any  measures  entailing
excessive costs.  Regarding industrial installations it would not  involve  any measures
beyond  the  application  of  BAT  as  required  by  Directive  96/61/EC  and  in  particular
would not lead to the closure of any installations. However it would require Member
States  to  take  all  cost-effective  abatement  measures  in  the  relevant  sectors,  e.g.
domestic heating by solid fuels.

(5) Where  concentrations  exceed  certain  assessment  thresholds  monitoring  of  arsenic,
cadmium,  nickel  and  benzo(a)pyrene  shall  be  mandatory.  Further  monitoring  of
background ambient air concentrations and deposition is foreseen.

(6)

(7)

(8)

(9)

In  accordance  with  Article  176  of  the  Treaty,  Member  States  may  maintain  or
introduce  more  stringent  protective  measures  relating  to  arsenic,  cadmium,  mercury,
nickel  and  polycyclic  aromatic  hydrocarbons  provided  that  they  are  compatible  with
the Treaty and that they are notified to the Commission.

Methylmercury  is  a  possible  human  carcinogen,  while  elemental  mercury  is
considered not to be classifiable in terms of carcinogenicity. The main exposure route
to mercury is via ingestion; in Europe concentrations in ambient air are below a level
where they have adverse effects on human health. As ambient air is the major transfer
medium of mercury in the environment, deposition of airborne mercury contributes to
the accumulation of toxic methylmercury in water and soil. At present, not enough is
known about the cycle of mercury in the environment, particularly  transfer rates  and
exposure routes, so it is not appropriate to set target values at this stage.

In order to facilitate review of this Directive in 2008, the Commission and the Member
States  should  consider  promoting  research  into  the  effects  of  arsenic,  cadmium,
mercury,  nickel  and  polycyclic  aromatic  hydrocarbons  on  human  health  and  the
environment, particularly via deposition.

Standardised accurate measurement techniques and common criteria for the location of
measuring stations are important elements in assessing ambient air quality so that the
information obtained is comparable throughout the Community.

(10)

Information on the concentrations and the deposition of the regulated pollutants should
be forwarded to the Commission as a basis for regular reports.

(11) Up-to-date  information  on  ambient  air  concentrations  and  deposition  of  regulated

pollutants should be readily available to the public.

(12)

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

26

(13)

(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. 8

The amendments necessary for  adaptation to scientific  and  technical progress  should
relate  solely  to  criteria  and  techniques  for  the  assessment  of  concentrations  and
deposition of regulated pollutants or detailed arrangements for forwarding information
to the Commission. They should not have the effect of modifying the target value or
the assessment thresholds either directly or indirectly.

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Objectives

This Directive:

(a) 

(b) 

(c) 

(d) 

establishes  a  target  value  for  the  concentration  of  benzo(a)pyrene  in  ambient
air  so  as  to  avoid,  prevent  or  reduce  harmful  effects  of  polycyclic  aromatic
hydrocarbons on human health;

ensures  that  ambient  air  quality  is  maintained  where  it  is  good  and  that  it  is
improved in other cases with respect to polycyclic aromatic hydrocarbons;

determines common methods and criteria for the assessment of concentrations
of arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons in
ambient  air  as  well  as  of  the  deposition  of  arsenic,  cadmium,  mercury  and
polycyclic aromatic hydrocarbons;

ensures  that  adequate  information  on  concentrations  of  arsenic,  cadmium,
mercury, nickel and polycyclic aromatic hydrocarbons in ambient air as well as
on  the  deposition  of  arsenic,  cadmium,  mercury  and  polycyclic  aromatic
hydrocarbons is obtained and ensures that it is made available to the public.

Article 2

Definitions

For the purposes of this Directive the definitions in Article 2 of Directive 96/62/EC, with the
exception of the definition of "target value", shall apply.

The following definitions shall also apply: 

(a) 

"target value" means  a concentration in the ambient air fixed with the aim of
minimising harmful effects on human health and the environment;

8 OJ L 184, 17.7.1999, p. 23.

27

                                                
(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

"assessment  threshold"  means  a  level  specified  in  Annex  I,  requiring  the
monitoring of air quality when exceeded, in accordance with Article 4 of this
Directive;

"fixed  measurements"  means  measurements  taken  at  fixed  sites  either
continuously or by random sampling;

"arsenic", "cadmium", "nickel" and "benzo(a)pyrene" mean the total content of
these elements in the PM10 fraction;

"PM10" means particulate matter, which passes through a size-selective inlet as
defined  in  ISO  7708  with  a  50  %  efficiency  cut-off  at  10  µm  aerodynamic
diameter;

"polycyclic  aromatic  hydrocarbons"  means 
those  organic  compounds,
composed of at least two fused aromatic rings made entirely from carbon and
hydrogen;

"total  gaseous  mercury"  means  elemental  mercury  vapour  (Hg0)  and  reactive
gaseous  mercury,  i.e.  water-soluble  mercury  species  with  sufficiently  high
vapour pressure to exist in the gas phase.

Article 3

Polycyclic aromatic hydrocarbons

1. Benzo(a)pyrene shall be used as a marker for the carcinogenic risk of polycyclic aromatic
hydrocarbons in ambient air. To assess the contribution of benzo(a)pyrene each Member State
shall  monitor  other  relevant  polycyclic  aromatic  hydrocarbons  at  a  limited  number  of
measurement sites. The compounds to be monitored in accordance with Article 4 shall include
benzo(j)fluoranthene,
at 
benzo(k)fluoranthene, indeno(1,2,3-cd)pyrene, dibenz(a,h)anthracene and fluoranthene.

benzo(b)fluoranthene, 

benzo(a)anthracene, 

least: 

2. Member States shall take all necessary measures not entailing excessive costs to ensure that
concentrations of benzo(a)pyrene in ambient air, as assessed in accordance with Article 4, do
not  exceed  a  target  value  of  1  ng/m³  applying  to  the  benzo(a)pyrene  content  in  the  PM  10
fraction averaged over a calendar year.

3.  Member  States  shall  draw  up  a  list  of  zones  and  agglomerations  in  which  the  levels  of
benzo(a)pyrene  are  below  the  target  value.  Member  States  shall  maintain  the  levels  of
benzo(a)pyrene in these zones and agglomerations below the target value and shall endeavour
to preserve the best ambient air quality, compatible with sustainable development.

4. Member States shall draw up a list of the zones and agglomerations where the target value
laid down in Article 3 (2) is exceeded.

For such zones and agglomerations, Member States shall specify the areas of exceedance and
the  sources  contributing  to  this  exceedance.  In  the  areas  concerned  Member  States  must
demonstrate the application of all necessary measures not entailing excessive  costs, targeted
in  particular  at  the  predominant  emission  sources,  and  including  the  application  of  best
available  techniques  as  defined  by  Article  2  (11)  of  Directive  96/61/EC  to  all  industrial
installations contributing to the exceedance.

28

Article 4

Assessment of ambient air concentrations and deposition rates

1. Ambient air quality of arsenic, cadmium, nickel, benzo(a)pyrene and total gaseous mercury
shall be assessed throughout the territory of the Member States.

Member States shall also monitor the total deposition of arsenic, cadmium, mercury and
polycyclic aromatic hydrocarbons.

Accompanying monitoring of particulate and gaseous divalent mercury is recommended.

2.  The  assessment  thresholds  for  arsenic,  cadmium,  nickel  and  benzo(a)pyrene  and  the
methods  for  determining  their  exceedance  are  those  laid  down  in  Annex I.  In  zones  and
agglomerations where the assessment thresholds are exceeded fixed measurement of ambient
air  concentrations  is  mandatory.  To  assess  the  contribution  from  channeled  emissions  air
quality modelling may be used.

Where  the  levels  are  below  the  assessment  threshold  indicative  monitoring  may  be  used  to
assess air quality in a zone or agglomeration, with the exemption of benzo(a)pyrene for which
fixed measurement shall be mandatory in all agglomerations.

3. The minimum number of sampling points for fixed measurements of concentrations shall
be  as  laid  down  in  Section  IV  of  Annex II,  and  they  shall  be  installed  in  each  zone  or
agglomeration within which measurement is required.

4. Irrespective of concentration levels one sampling point should be installed every 50000 km²
for  the  indicative  measurement  of  arsenic,  cadmium,  total  gaseous  mercury,  nickel,
benzo(a)pyrene and polycyclic aromatic hydrocarbons other than benzo(a)pyrene, and of the
total  deposition  of  arsenic,  cadmium,  mercury  and  polycyclic  aromatic  hydrocarbons.  Each
Member  State  shall  at  least  set  up  one  measuring  station.  Where  appropriate  monitoring
should be co-ordinated with the EMEP monitoring strategy and measurement programme.

5. The criteria for determining the location of sampling points for the measurement of arsenic,
cadmium, nickel and benzo(a)pyrene in ambient air shall be those listed in Annex II.

The  sampling  sites  for  monitoring  total  gaseous  mercury  and  polycyclic  aromatic
hydrocarbons  other  than  benzo(a)pyrene  must  be  selected  in  such  a  way  that  geographical
variation  and  long-term  trends  can  be  identified.  Monitoring  sites  for  polycyclic  aromatic
hydrocarbons shall be co-located with sampling sites for benzo(a)pyrene. Section II and III of
Annex II shall apply.

The sampling sites for monitoring deposition must be selected in such a way that geographical
variation  and  long-term  trends  can  be  identified.  Where  appropriate  sampling  points  for
deposition should be sited where the highest deposition to agricultural soils occurs. Section III
of Annex  II shall  apply. Co-location with sites for soil monitoring is  preferable. The use of
bioindicators may be considered where regional patterns of the impact on ecosystems shall be
assessed.

6. The monitoring data must meet the data quality objectives laid down in Section I of Annex
III. Where air quality models are used for assessment Section II of Annex III shall apply.

29

7.  The  reference  methods  for  the  sampling  and  the  analysis  of  arsenic,  cadmium,  mercury,
nickel and polycyclic aromatic hydrocarbons shall be as laid down in Annex IV.

8. The date by which Member States shall inform the Commission of the methods used for the
preliminary assessment of air quality under point (d) of Article 11(1) of  Directive 96/62/EC
shall be the date set out in Article 10 of this Directive.

9. Any amendments necessary to adapt the provisions of paragraphs 1 to 6, of Section  II of
Annex  I  and  of  Annexes  II  to  IV  to  scientific  and  technical  progress  shall  be  adopted  in
accordance with the procedure referred to in Article 6(2) but may not result in any direct or
indirect changes to the target value or the assessment thresholds.

Article 5

Transmission of information and reporting

1. With regard to the zones and agglomerations where any of the assessment thresholds laid
down in Annex I is exceeded Member States shall forward the following information to the
Commission:

(a) 

the lists of the zones and agglomerations concerned,

(b) 

the areas of exceedance,

(c) 

the concentration values assessed,

(d) 

the reasons for exceedance, and in particular any sources contributing to it,

(e) 

the population exposed to concentrations above the assessment threshold.

Member States shall also report all data assessed in accordance with Article 4.

The information shall be transmitted for each calendar year, no later than 30 September of the
following year, and for the first time no later than […(cid:1)].

2. In addition to the requirements laid down in paragraph 1 Member States shall forward any
measures taken pursuant to Article 3 (2).

3.  The  Commission  shall  ensure  that  all  information  submitted  pursuant  to  paragraph  1  is
promptly made available to the public by appropriate means.

4. The Commission shall adopt, in accordance with the procedure referred to in Article 6(2),
any detailed arrangements for forwarding the information to be provided under paragraph 1 of
this Article

(cid:1) The year following the date given in Article 15

30

                                                
Article 6

Committee

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

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

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

Article 7

Public information

1. Member States shall ensure that clear and comprehensible information is accessible and 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 populations and other relevant health-care bodies, on  ambient air concentrations
of  arsenic,  cadmium,  mercury,  nickel  and  polycyclic  aromatic  hydrocarbons  as  well  as  on
deposition rates of arsenic, cadmium, mercury and polycyclic aromatic hydrocarbons.

2.  The  information  shall  also  indicate  any  annual  exceedance  of  the  target  value  for
benzo(a)pyrene  laid  down  in  Article  3(2).  The  information  shall  give  the  reasons  for  the
exceedance and the area to which it applies. It shall also provide a short assessment in relation
to the target value and appropriate information regarding effects on health.

Information  on  any  measures  taken  pursuant  to  Article  3  (2)  shall  be  made  available  to  the
organisations referred to in paragraph 1 of this Article.

3. The information shall be made available by means of for example press, computer-network
services, or teletext.

Article 8

Report and Review

1.  The  Commission  shall,  by  31  December  2008  at  the  latest,  submit  to  the  European
Parliament and the Council a report based on the experience acquired in the application of this
Directive and, in particular, on the results of the most recent scientific research concerning the
effects on human  health, paying  particular  attention to sensitive  populations,  of  exposure  to
arsenic,  cadmium,  mercury,  nickel  and  polycyclic  aromatic  hydrocarbons,  and  on
technological  developments  including  the  progress  achieved  in  methods  of  measuring  and
otherwise  assessing  concentrations  of  these  pollutants  in  ambient  air  as  well  as  their
deposition.

2. The report referred to in paragraph 1 shall take into account in particular as regards arsenic,
cadmium, mercury, nickel and polycyclic aromatic hydrocarbons:

31

(a) 

current air quality, trends and projections up to and beyond 2015;

(b) 

(c) 

(d) 

(e) 

the scope for making further reductions in polluting emissions from all relevant
sources, taking account of technical feasibility and cost-effectiveness;

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

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

the experience acquired in the application of this Directive in Member States,
and in particular the conditions under which measurement has been carried out
as laid down in Annex II;

3. With a view to achieving levels of ambient air concentrations  that would not give rise to
harmful  effects  on  human  health  and  would  ensure  a  reasonable  protection  of  the
environment, taking into account the economic and technical feasibility of further action, the
report  referred  to  in  paragraph 1  may  be  accompanied,  if  appropriate,  by  proposals  for
amendments  to  this  Directive.  In  the  light  of  the  latest  scientific  and  technological
developments the Commission shall in particular examine the effect of arsenic, cadmium and
nickel  on  human  health  with  a  view  to  quantifying  their  genotoxic  carcinogenicity  and  the
suitability  of  benzo(a)pyrene  as  a  marker  for  the  total  carcinogenic  activity  of  polycyclic
aromatic hydrocarbons.  In  addition the Commission shall consider  regulating the deposition
of cadmium, mercury and specific polycyclic aromatic hydrocarbons.

Article 9

Penalties

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

Article 10

Implementation

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

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

* 18 month after entry into force

32

                                                
2. The Member States shall communicate to the Commission the texts of the main provisions
of national law, which they adopt in the field covered by this Directive.

Article 11

Entry into force

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

Article 12

Addressees

This Directive is addressed to the Member States.

Done at Brussels,

For the European Parliament
The President

For the Council
The President

33

ANNEX I

DETERMINATION OF REQUIREMENTS FOR ASSESSMENT OF CONCENTRATIONS OF
ARSENIC, CADMIUM, NICKEL AND BENZO(A)PYRENE
IN AMBIENT AIR WITHIN A ZONE OR AGGLOMERATION

I.

ASSESSMENT THRESHOLDS

Pollutant

Arsenic

Cadmium

Assessment
Threshold(1)

6 ng/m3

5 ng/m³

Nickel

20 ng/m³

Benzo(a)pyrene

1 ng/m³

(1) 

For the total content in the PM 10 fraction averaged over a calendar year

II.

DETERMINATION OF EXCEEDANCES OF ASSESSMENT THRESHOLDS

Exceedances of assessment thresholds must be determined on  the  basis of concentrations
during the previous five years where sufficient data are available. An assessment threshold
will be deemed to have been exceeded if it has been exceeded during at least three out of
those five years.

In areas where sufficient data during the previous five years are not available but there is
reason  to  believe  that  exceedances  could  be  expected,  Member  States  may  combine
measurement  campaigns  of  short  duration  during  the  period  of  the  year  and  at  locations
likely to be typical of the highest  pollution  levels  with  results  obtained from information
from  emission  inventories  and  modelling  to  determine  exceedances  of  the  assessment
thresholds.

34

LOCATION AND MINIMUM NUMBER OF SAMPLING POINTS FOR THE MEASUREMENT
OF CONCENTRATIONS IN AMBIENT AIR AND DEPOSITION RATES

ANNEX II

I.

MACROSCALE SITING

The sites of sampling points should be selected in such a way as to:

(i) 

to  provide  data  on  the  areas  within  zones  and  agglomerations  where  the
population  is  likely  to  be  directly  or  indirectly  exposed  to  the  highest
concentrations averaged over a calendar year;

(ii) 

to  provide  data  on  levels  in  other  areas  within  zones  and  agglomerations
which are representative of the exposure of the general population.

Sampling  points  should  in  general  be  sited  so  as  to  avoid  measuring  very  small
micro-environments in their immediate vicinity. As a guideline, a sampling point should be
representative of air quality in surrounding areas of no less than 200 m² at traffic-orientated
sites,  at  least  250x250  m²  at  industrial  sites  and  several  square  kilometres  at  urban-
background sites.

Where  the  objective  is  to  assess  background  levels  the  sampling  site  should  not  be
influenced by agglomerations or industrial sites in its vicinity, i.e. sites closer than  a few
kilometres.

For  the  assessment  of  pollution  in  the  vicinity  of  industrial  sources,  the  location  of
sampling points for fixed measurement should be determined taking into account emission
densities, the likely distribution patterns of ambient air pollution and potential exposure of
the population.

Where contributions from industrial sources shall be assessed at least one sampling point
shall  be  installed  downwind  of  the  source  in  the  nearest  residential  area.  Where  the
background  concentration  is  not  known  an  additional  sampling  point  shall  be  situated
within  the  main  wind  direction.  In  particular  where  Article  3(4)  applies,  the  sampling
points  should  be  sited  such  that  the  application  of  best  available  techniques  can  be
monitored.

Sampling points should also, where possible, be representative of similar locations not in
their  immediate  vicinity.  Where  appropriate  they  should  be  co-located  with  sampling
points for PM10.

II.

MICROSCALE SITING

The following guidelines should be met as far as practicable: 

– 

the  flow  around  the  inlet  sampling  probe  should  be  unrestricted,  without  any
obstructions  affecting  the  airflow  in  the  vicinity  of  the  sampler  (normally  some
metres away from buildings, balconies, trees and other obstacles and at least 0,5 m
from the nearest building in the case of sampling points representing air quality at the
building line);

35

– 

– 

– 

– 

in general, the inlet sampling point should be between 1,5 m (the breathing zone) and
4 m  above  the  ground.  Higher  positions  (up  to  8  m)  may  be  necessary  in  some
circumstances. Higher siting may also be  appropriate if the station is representative
of a large area; 

the inlet probe should not be positioned in the immediate vicinity of sources in order
to avoid direct intake of emissions unmixed with ambient air;

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

traffic-orientated sampling points should be at least 25 metres from the edge of major
junctions and at least 4 m from the centre of the nearest traffic lane; inlets should be
no more than 5 m from the kerbside.

The following factors may also be taken into account:

– 

– 

– 

– 

– 

– 

– 

– 

interfering sources;

security;

access;

availability of electrical power and telephone communications;

visibility of the site in relation to its surroundings;

safety of public and operators;

the desirability of co-locating sampling points for different pollutants;

planning requirements.

III.

DOCUMENTATION AND REVIEW OF SITE SELECTION

The  site  selection  procedures  should  be  fully  documented  at  the  classification  stage  by
such  means  as  compass-point  photographs  of  the  surrounding  area  and  a  detailed  map.
Sites  should  be  reviewed  at  regular  intervals  with  repeated  documentation  to  ensure  that
selection criteria remain valid over time.

36

IV.

MINIMUM NUMBER OF SAMPLING POINTS TO MONITOR DIFFUSE SOURCES

Population of
agglomeration or zone
(thousands)

Minimum number of sampling
points in zones and
agglomerations. (1)

0 – 249

250– 749

750 – 999

1 000 – 1 999

2 000 – 3 749

3 750 – 4 749

4 750 – 5 999

≥ 6 000

1

2

3

4

5

6

7

8

(1) To include one traffic-oriented station, provided this does not increase the number of sampling
points.

37

DATA QUALITY OBJECTIVES AND REQUIREMENTS FOR AIR QUALITY MODELS

ANNEX III

I.

DATA QUALITY OBJECTIVES

The following data quality objectives are provided as a guide to quality-assurance.

Benzo(a)pyrene

Arsenic, cadmium and
nickel

Polycyclic aromatic
hydrocarbons other than
benzo(a)pyrene, total
gaseous mercury, and total
deposition

–  Uncertainty

–  Minimum data capture

–  Minimum time coverage:

Fixed Measurements 

Indicative measurements

50 %

90 %

33%

14%

40 %

90 %

50%

14%

50 %

90 %

-

14%

The  uncertainty  (expressed  at  a  95%  confidence  level)  of  the  methods  used  for  the
assessment  of  ambient  air  concentrations  will  be  evaluated  in  accordance  with  the
principles of the CEN Guide to the Expression of Uncertainty in Measurement (EN 13005-
1999), the methodology of ISO 5725:1994, and the guidance provided in the CEN/TC 264
Report  N422.  The  uncertainties  given  apply  to  individual  measurements,  which  are
averaged  over  typical  sampling  times.  The  uncertainty  of  the  measurements  should  be
interpreted as being applicable in the region of the appropriate assessment threshold. Until
such time as CEN standards with detailed test protocols are fully adopted, the Commission
will issue, before the adoption of this Directive, the guidelines for use developed by CEN.

The  requirements  for  minimum  data  capture  and  time  coverage  do  not  include  losses  of
data due to regular calibration or normal maintenance of the instrumentation. Twenty-four-
hour  sampling  is  required  for  the  measurement  of  benzo(a)pyrene  and  other  polycyclic
aromatic  hydrocarbons,  and  for  the  concentration  of  total  gaseous  mercury.  It  is  also
advisable  for  the  measurement  of  arsenic,  cadmium  and  nickel  concentrations.  Sampling
must be spread evenly over the weekdays and the year. For the measurement of deposition
rates monthly samples throughout the year are recommended.

II.

REQUIREMENTS FOR AIR QUALITY MODELS

Where  an  air  quality  model  is  used  to  for  assessment,  references  to  descriptions  of  the
model and information on the uncertainty shall be compiled. The uncertainty for modelling
is defined as the maximum deviation of the measured and calculated concentration levels,
over a full year, without taking into account the timing of the events. The uncertainty shall
not exceed 50 %.

38

ANNEX IV

REFERENCE METHODS FOR ASSESSMENT OF
CONCENTRATIONS IN AMBIENT AIR AND DEPOSITION RATES

I.

REFERENCE  METHOD  FOR  THE  SAMPLING  AND  ANALYSIS  OF  ARSENIC,  CADMIUM
AND NICKEL IN AMBIENT AIR

The  reference  method  for  the  measurement  of  arsenic,  cadmium  and  nickel
concentrations  in  ambient  air  is  currently  being  standardised  by  CEN  and  shall  be
based on manual PM10 sampling equivalent to EN 12341, followed by digestion of
the  samples  and  analysis  by  Atomic  Adsorption  Spectrometry  or  ICP  Mass
Spectrometry. In the absence of a CEN standard method, Member States are allowed
to use national standard methods or ISO standard methods.

II.

REFERENCE  METHOD  FOR  THE  SAMPLING  AND  ANALYSIS  OF  POLYCYCLIC
AROMATIC HYDROCARBONS IN AMBIENT AIR

The  reference  method  for  the  measurement  of  benzo(a)pyrene  concentrations  in
ambient  air  is  currently  being  standardised  by  CEN  and  shall  be  based  on  manual
PM10 sampling equivalent to EN 12341. In the absence of a CEN standard method,
for  benzo(a)pyrene  or  the  other  polycyclic  aromatic  hydrocarbons  referred  to  in
Article 3(1), the Member States are allowed to use national standard methods or ISO
methods such as ISO standard 12884.

III.

REFERENCE METHOD FOR THE SAMPLING AND ANALYSIS OF MERCURY IN AMBIENT
AIR

The reference method for the measurement of total gaseous mercury concentrations
in  ambient  air  shall  be  an  automated  method  based  on  Atomic  Absorption
Spectrometry  or  Atomic  Fluorescence  Spectrometry.  The  reference  method  for  the
measurement  of  deposition  of  mercury  shall  be  a  bulk  sampling  method  using  a
funnel system. In the absence of a CEN standardised method, the Member States are
allowed to use national standard methods or ISO standard methods.

IV.

REFERENCE  METHOD  FOR  THE  SAMPLING  AND  ANALYSIS  OF  THE  DEPOSITION  OF
ARSENIC, CADMIUM, MERCURY AND POLYCYCLIC AROMATIC HYDROCARBONS

The reference method for the sampling of deposited arsenic, cadmium, mercury and
polycyclic  aromatic  hydrocarbons  shall  be  based  on  the  exposition  of  cylindrical
deposit gauges with standardised dimensions. In the absence of a CEN standardised
method, the Member States are allowed to use national standard methods.

39