Directive 2004/107/EC of the European Parliament and of the Council of 15 December 2004 relating to arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons in ambient air
Date: 2004-12-15
Institutions: Council of the European Union, European Parliament
Subjects: air quality, environmental monitoring, environmental standard, health policy, hydrocarbon, metal pollution, non-ferrous metal, semi-metal

26.1.2005

EN

Official Journal of the European Union

L 23/3

DIRECTIVE 2004/107/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 15 December 2004

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

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

(3)

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

establishing the European

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and
Social Committee (1),

After consulting the Committee of the Regions,

Acting in accordance with the procedure laid down in Article
251 of the Treaty (2),

Whereas:

(1)

(2)

European Parliament

On the basis of principles enshrined in Article 175(3) of
the Treaty, the Sixth Community Environment Action
Programme, adopted by Decision No 1600/2002/EC of
the Council (3),
the
establishes the need to reduce pollution to levels which
minimise harmful effects on human health, paying
particular attention to sensitive populations, and the
environment as a whole, to improve the monitoring and
assessment of air quality including the deposition of
pollutants and to provide information to the public.

and of

4(1)

Article
96/62/EC of
of Council Directive
27 September 1996 on ambient air quality assessment
and management (4) requires the Commission to 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.

(1) OJ C 110, 30.4.2004, p. 16.
(2) Opinion of

the European Parliament of 20 April 2004 (not
Journal), Council Decision of

yet published in the Official
15 November 2004.
(3) OJ L 242, 10.9.2002, p. 1.
(4) OJ L 296, 21.11.1996, p. 55. Directive as amended by Regulation
(EC) No 1882/2003 of the European Parliament and of the Council
(OJ L 284, 31.10.2003, p. 1).

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

paying

attention

(4) With the aim of minimising harmful effects on human
health,
sensitive
particular
populations, and the environment as a whole, of airborne
arsenic, cadmium and nickel and polycyclic aromatic
hydrocarbons, target values should be set, to be attained
as far as possible. Benzo(a)pyrene should be used as
a marker for the carcinogenic risk of polycyclic aromatic
hydrocarbons in ambient air.

to

(5)

(6)

(7)

The target values would not
require any measures
entailing disproportionate costs. Regarding industrial
installations, they would not involve measures beyond
the application of best available techniques (BAT) as
required by Council Directive 96/61/EC of 24 September
1996 concerning integrated pollution prevention and
control (5) and in particular would not lead to the closure
of
installations. However, they would require Member
States to take all cost-effective abatement measures in the
relevant sectors.

In particular, the target values of this Directive are not to
be considered as environmental quality standards as
defined in Article 2(7) of Directive 96/61/EC and which,
according to Article 10 of that Directive, require stricter
conditions than those achievable by the use of BAT.

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

introduce more
to arsenic,

relating

(5) OJ L 257, 10.10.1996, p. 26. Directive as last amended by

Regulation (EC) No 1882/2003.

L 23/4

EN

Official Journal of the European Union

26.1.2005

(8) Where

exceed

certain

concentrations

assessment
thresholds, monitoring of arsenic, cadmium, nickel and
benzo(a)pyrene should be mandatory. Supplementary
means of assessment may reduce the required number of
sampling
Further
monitoring of background ambient air concentrations
and deposition is foreseen.

fixed measurements.

points

for

(9)

(10)

(11)

(12)

It

is present

Mercury is a very hazardous substance for human health
and the environment.
the
environment and, in the form of methylmercury, has the
capacity to accumulate in organisms, and in particular to
concentrate in organisms higher up the food chain.
Mercury released into the atmosphere is capable of being
transported over long distances.

throughout

The Commission intends to come forward in 2005 with
a coherent
to protect
strategy containing measures
human health and the environment from the release of
mercury, based on a life-cycle approach, and taking into
account production, use, waste treatment and emissions.
In this context,
the Commission should consider all
appropriate measures with a view to reducing the
quantity of mercury in terrestrial and aquatic ecosystems,
and thereby the ingestion of mercury via food, and
avoiding mercury in certain products.

The effects of arsenic, cadmium, mercury, nickel and
polycyclic aromatic hydrocarbons on human health,
including via the food chain, and the environment as
a whole, occur through concentrations in ambient air
and via deposition; the accumulation of these substances
in soils and the protection of ground water should be
taken into account. In order to facilitate review of this
Directive in 2010,
the Commission and the Member
should consider promoting research into the
States
effects of
and
polycyclic aromatic hydrocarbons on human health and
the environment, particularly via deposition.

cadmium, mercury, nickel

arsenic,

is

the

the

techniques

Community.
is

Providing
acknowledged to be

and
Standardised accurate measurement
common criteria for the location of measuring stations
are important elements in assessing ambient air quality
comparable
so that
information obtained
throughout
reference
an
measurement methods
important issue. The Commission has already mandated
work on the preparation of CEN standards for
the
measurement of those constituents in ambient air where
target values are defined (arsenic, cadmium, nickel and
benzo(a)pyrene) as well as for the deposition of heavy
metals with a view to their early development and
adoption. In the absence of CEN standard methods, the
use of
standard reference
international or national
measurement methods should be permitted.

(13)

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

(14)

(15)

(16)

(17)

Up-to-date information on ambient air concentrations
and deposition of regulated pollutants should be readily
available to the public.

The Member States should lay down rules on penalties
applicable to infringements of
this
Directive and ensure that they are implemented. Those
penalties
and
dissuasive.

the provisions of

proportionate

effective,

should

be

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
implementing powers
the exercise of
conferred on the Commission (1).

adaptation of

amendments necessary for

The
this
Directive 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
effect of
modifying the target values either directly or indirectly,

the

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Objectives

The objectives of this Directive shall be to:

(a) establish a target value for the concentration of arsenic,
cadmium, nickel and benzo(a)pyrene in ambient air so as to
avoid, prevent or
arsenic,
reduce harmful
cadmium, nickel and polycyclic aromatic hydrocarbons on
human health and the environment as a whole;

effects of

(b) ensure, with respect

to arsenic, cadmium, nickel and
polycyclic aromatic hydrocarbons, that ambient air quality is
maintained where it is good and that it is improved in other
cases;

(c) determine 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, nickel and
polycyclic aromatic hydrocarbons;

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

26.1.2005

EN

Official Journal of the European Union

L 23/5

(d) ensure 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, nickel and polycyclic aromatic
hydrocarbons
is made
is obtained and ensure that
available to the public.

it

(h)

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

(i)

‘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 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 objectives of this Directive shall be to:

(a)

‘target value’ means a concentration in the ambient air fixed
with the aim of avoiding, preventing or reducing harmful
effects on human health and the environment as a whole, to
be attained where possible over a given period;

(b)

‘total or bulk deposition’ means the total mass of pollutants
which is transferred from the atmosphere to surfaces (e.g.
soil, vegetation, water, buildings, etc.) in a given area within
a given time;

(c)

(d)

‘upper assessment
threshold’ means a level specified in
Annex II below which a combination of measurements and
modelling techniques may be used to assess ambient air
quality, in accordance with Article 6(3) of Directive 96/62/
EC;

‘lower assessment
threshold’ means a level specified in
Annex II below which the sole use of modelling or objective
estimation techniques shall be possible to assess ambient air
quality, in accordance with Article 6(4) of Directive 96/62/
EC;

(e)

‘fixed measurements’ means measurements taken at fixed
sites either continuously or by random sampling,
in
accordance with Article 6(5) of Directive 96/62/EC;

Article 3

Target values

take all necessary measures not
1. Member States
shall
entailing disproportionate
from
costs
31 December 2012, concentrations of arsenic, cadmium, nickel
and benzo(a)pyrene, used as a marker for the carcinogenic risk
of polycyclic aromatic hydrocarbons, in ambient air, as assessed
in accordance with Article 4, do not exceed the target values
laid down in Annex I.

to ensure

that,

as

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

3. Member States shall draw up a list of
agglomerations where
Annex I are exceeded.

values

target

the

the zones and
down in
laid

of

For such zones and agglomerations, Member States shall specify
the areas of exceedance and the sources contributing thereto. In
the areas concerned, Member States shall demonstrate the
application
entailing
disproportionate costs, directed in particular at the predominant
emission sources, in order to attain the target values. In the case
of industrial
installations covered by Directive 96/61/EC this
means the application of BAT as defined by Article 2(11) of that
Directive.

necessary measures

not

all

(f)

‘cadmium’,

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

Assessment of ambient air concentrations and deposition
rates

Article 4

(g)

’ means particulate matter, which passes

‘PM10
through
a size-selective inlet as defined in EN 12341 with a 50 %
efficiency cut-off at 10 μm aerodynamic diameter;

1. Ambient air quality with respect
nickel and benzo(a)pyrene shall be assessed throughout
territory of the Member States.

to arsenic, cadmium,
the

L 23/6

EN

Official Journal of the European Union

26.1.2005

In accordance with the criteria referred to in paragraph 7,

2.
measurement is mandatory in the following zones:

(a) zones and agglomerations in which levels are between the

upper and the lower assessment threshold, and

(b) other zones and agglomerations where levels exceed the

upper assessment threshold.

The measurements provided for may be supplemented by
level of
to provide
techniques
modelling
information on ambient air quality.

an adequate

3. A combination of measurements,
including indicative
measurements as referred to in Annex IV, Section I, and
modelling techniques may be used to assess ambient air quality
in
over
agglomerations where
a representative period are between the upper and lower
assessment thresholds, to be determined pursuant to Annex II,
Section II.

zones

levels

and

the

4.
In zones and agglomerations where the levels are below the
to
lower assessment
Annex II, Section II, the sole use of modelling or objective
estimation techniques for assessing levels shall be possible.

to be determined pursuant

threshold,

indeno(1,2,3-cd)pyrene,

benzo(a)anthracene, benzo(b)fluoranthene, benzo(j)fluoranthene,
benzo(k)fluoranthene,
and
dibenz(a,h)anthracene. Monitoring sites
these polycyclic
aromatic hydrocarbons shall be co-located with sampling sites
for benzo(a)pyrene and shall be selected in such a way that
geographical variation and long-term trends can be identified.
Sections I, II and III of Annex III shall apply.

for

Irrespective of

9.
concentration levels, one background
sampling point shall be installed every 100 000 km2 for the
indicative measurement,
in ambient air, of arsenic, cadmium,
nickel, total gaseous mercury, benzo(a)pyrene and the other
referred to in paragraph
polycyclic aromatic hydrocarbons
8 and of the total deposition of arsenic, cadmium, mercury,
nickel, benzo(a)pyrene and the other polycyclic aromatic
hydrocarbons referred to in paragraph 8. Each Member State
shall set up at least one measuring station; however, Member
States may, by agreement, and in accordance with guidelines to
be drawn up under the procedure laid down in Article 6, set up
one
covering
common measuring
neighbouring zones in adjoining Member States, to achieve the
necessary spatial resolution. Measurement of particulate and
gaseous divalent mercury
also recommended. Where
is
appropriate, monitoring shall be coordinated with the European
Monitoring and Evaluation of Pollutants (EMEP) monitoring
strategy and measurement programme. The sampling sites for
selected in such a way that
these pollutants
geographical variation and long-term trends can be identified.
Sections I, II and III of Annex III shall apply.

shall be

stations,

several

or

5. Where pollutants have to be measured, the measurements
shall be taken at fixed sites either continuously or by random
sampling. The number of measurements shall be sufficient to
enable the levels to be determined.

The use of bio indicators may be considered where
the impact on ecosystems are to be

10.
regional patterns of
assessed.

6.
The upper and lower assessment thresholds for arsenic,
cadmium, nickel and benzo(a)pyrene in ambient air shall be
those laid down in Section I of Annex II. The classification of
each zone or agglomeration for the purposes of this Article
shall be reviewed at least every five years in accordance with the
procedure laid down in Section II of Annex II. Classification
shall be reviewed earlier in the event of significant change in
activities relevant to concentrations of arsenic, cadmium, nickel
and benzo(a)pyrene, in ambient air.

cadmium, nickel

The criteria for determining the location of sampling points
7.
for
and
arsenic,
the measurement of
benzo(a)pyrene in ambient air in order to assess compliance
with the target values shall be those listed in Sections I and II of
Annex III. The minimum number of sampling points for fixed
measurements of concentrations of each pollutant shall be as
laid down in Section IV of Annex III, and they shall be installed
in each zone or agglomeration within which measurement is
required if fixed measurement is the sole source of data on
concentrations within it.

8.
To assess the contribution of benzo(a)pyrene in ambient
air, each Member State shall monitor other relevant polycyclic
aromatic hydrocarbons at a limited number of measurement
least:
sites.

compounds

include

These

shall

at

is

For zones and agglomerations within which information
11.
by
stations
from fixed measurement
information from other sources, such as emission inventories,
indicative measurement methods and air quality modelling, the
number of fixed measuring stations to be installed and the
spatial resolution of other techniques shall be sufficient for the
concentrations of air pollutants to be established in accordance
with Section I of Annex III and Section I of Annex IV.

supplemented

12. Data quality objectives are laid down in Section I of
Annex IV. Where air quality models are used for assessment,
Section II of Annex IV shall apply.

13.
The reference methods for the sampling and analysis of
arsenic, cadmium, mercury, nickel and polycyclic aromatic
hydrocarbons in ambient air shall be as laid down in Sections I,
II and III of Annex V. Section IV of Annex V sets out reference
for measuring the total deposition of arsenic,
techniques
cadmium, mercury, nickel
aromatic
hydrocarbons and Section V of Annex V refers to reference air
are
quality modelling
available.

techniques when such techniques

the polycyclic

and

26.1.2005

EN

Official Journal of the European Union

L 23/7

The date by which Member States shall

inform the
14.
Commission of
the preliminary
the methods used for
assessment of air quality under Article 11(1)(d) of Directive
96/62/EC shall be the date referred to in Article 10 of this
Directive.

15. Any amendments necessary to adapt the provisions of this
Article and of Section II of Annex II and of Annexes III to V to
scientific and technical progress shall be adopted in accordance
with the procedure referred to in Article 6 but may not result in
any direct or indirect changes to target values.

The Commission shall adopt,

in accordance with the
4.
procedure referred to in Article 6, any detailed arrangements for
forwarding
under
paragraph 1 of this Article.

information

provided

the

be

to

Article 6

Committee

Article 5

The Commission shall be assisted by the committee

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

Transmission of information and reporting

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

1. With regard to the zones and agglomerations where any of
the target values laid down in Annex I is exceeded, Member
States
information to the
shall
Commission:

forward the

following

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

(a)

the lists of the zones and agglomerations concerned,

3.

The Committee shall adopt its Rules of Procedure.

(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 such exceedance.

Member States shall also report all data assessed in accordance
with Article 4, unless already reported under Council Decision
97/101/EC of 27 January 1997 establishing a reciprocal
exchange of information and data from networks and individual
stations measuring ambient air pollution within the Member
States (1).

The information shall be transmitted for each calendar year, by
no later than 30 September of the following year, and for the
first time for the calendar year following 15 February 2007.

2.
In addition to the requirements laid down in paragraph 1,
Member States shall also report any measures taken pursuant to
Article 3.

The Commission shall

3.
information
submitted pursuant to paragraph 1 is promptly made available
to the public by appropriate means, such as Internet, press and
other easily accessible media.

ensure

that

all

Article 7

Public information

consumer

organisations,

to appropriate organisations,

1. Member States shall ensure that clear and comprehensible
information is accessible and is routinely made available to the
such as
public as well as
environmental
organisations,
organisations representing the interests of sensitive populations
air
and other
concentrations of arsenic,
cadmium, mercury, nickel and
benzo(a)pyrene and the other polycyclic aromatic hydrocarbons
referred to in Article 4(8) as well as on deposition rates of
arsenic, cadmium, mercury, nickel and benzo(a)pyrene and the
to in
aromatic hydrocarbons
other
Article 4(8).

relevant healthcare bodies, on ambient

polycyclic

referred

for

target values

The information shall also indicate any annual exceedance
2.
of
and
arsenic,
the
benzo(a)pyrene laid down in Annex I. 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 and impact on the environment.

cadmium, nickel

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

(1) OJ L 35, 5.2.1997, p. 14. Decision as amended by Commission

Decision 2001/752/EC (OJ L 282, 26.10.2001, p. 69).

The information shall be made available by means of, for

3.
example, Internet, press and other easily accessible media.

L 23/8

EN

Official Journal of the European Union

26.1.2005

Article 8

Report and review

1.
The Commission shall, by 31 December 2010 at the latest,
submit to the European Parliament and the Council a report
based on:

(a)

the experience acquired in the application of this Directive,

(b)

(c)

the most

the results of

in particular,
scientific
research concerning the effects on human health, paying
particular attention to sensitive populations, and on the
environment as a whole, of exposure to arsenic, cadmium,
mercury, nickel and polycyclic aromatic hydrocarbons, and

recent

technological developments including the progress achieved
assessing
in methods
concentrations of these pollutants in ambient air as well as
their deposition.

of measuring

otherwise

and

The report referred to in paragraph 1 shall

2.
account:

take into

(a) current air quality, trends and projections up to and beyond

2015;

(b) the scope for making further

reductions

in polluting
emissions from all relevant sources, and the possible merit
in introducing limit values aimed at reducing the risk to
human health, for the pollutants listed in Annex I, taking
account of technical feasibility and cost-effectiveness and
environmental
any
protection that this would provide;

significant

additional

health

and

(c)

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

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

the exchange of

and for
States and Commission;

(g) the adequacy of the particle size fraction used for sampling
general particulate matter measurement

in view of
requirements;

(h) the suitability of benzo(a)pyrene as a marker for the total
carcinogenic activity of polycyclic aromatic hydrocarbons,
having regard to predominantly gaseous forms of polycyclic
aromatic hydrocarbons such as fluoranthene.

the

latest

scientific

light of

In the
and technological
developments the Commission shall also examine the effect of
arsenic, cadmium and nickel on human health with a view to
quantifying their genotoxic carcinogenicity. Taking account of
measures adopted pursuant
to the mercury strategy the
Commission shall also consider whether there would be merit
in taking further action in relation to mercury, taking account
of technical feasibility and cost-effectiveness and any significant
additional health and environmental protection that this would
provide.

ambient

levels of

view to achieving

air
3. With a
concentrations that would further reduce harmful effects on
human health and would lead to a high level of protection of
the environment as a whole, taking into account the technical
feasibility and cost-effectiveness of further action, the report
referred to in paragraph 1 may be accompanied, if appropriate,
by proposals for amendments to this Directive, particularly
taking into account the results obtained in accordance with
paragraph 2.
In addition the Commission shall consider
regulating the deposition of arsenic, cadmium, mercury, nickel
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

(e)

(f)

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 III;

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive by 15 February 2007 at the latest. They shall forthwith
inform the Commission thereof.

secondary economic benefits
the environment and
health in reducing the emissions of arsenic, cadmium,
mercury, nickel and polycyclic aromatic hydrocarbons to the
extent that these can be assessed;

for

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

26.1.2005

EN

Official Journal of the European Union

L 23/9

2. 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 12

Addressees

Article 11

This Directive is addressed to the Member States.

Entry into force

Done at Strasbourg, 15 December 2004.

This Directive shall enter
following that of its publication in the Official Journal of
European Union.

into force on the twentieth day
the

For the European Parliament

For the Council

The President

J. P. BORRELL FONTELLES

The President

A. NICOLAÏ

L 23/10

EN

Official Journal of the European Union

26.1.2005

ANNEX I

Target values for arsenic, cadmium, nickel and benzo(a)pyrene

Pollutant

Arsenic

Cadmium

Nickel

Benzo(a)pyrene

Target value (1)

6 ng/m3

5 ng/m3

20 ng/m3

1 ng/m3

(1) For the total content in the PM10 fraction averaged over a calendar year.

26.1.2005

EN

Official Journal of the European Union

L 23/11

Determination of requirements for assessment of concentrations of arsenic, cadmium, nickel and benzo(a)pyrene
in ambient air within a zone or agglomeration

ANNEX II

I.

Upper and lower assessment thresholds

The following upper and lower assessment thresholds will apply:

Arsenic

Cadmium

Nickel

B(a)P

Upper assessment threshold in
percent of the target value

Lower assessment threshold in
percent of the target value

60 %
(3,6 ng/m3)

40 %
(2,4 ng/m3)

60 %
(3 ng/m3)

40 %
(2 ng/m3)

70 %
(14 ng/m3)

50 %
(10 ng/m3)

60 %
(0,6 ng/m3)

40 %
(0,4 ng/m3)

II.

Determination of exceedances of upper and lower assessment thresholds

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

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

L 23/12

EN

Official Journal of the European Union

26.1.2005

ANNEX III

Location and minimum number of sampling points for the measurement of concentrations in ambient air and
deposition rates

I.

Macroscale siting

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

— provide data on levels in other areas within zones and agglomerations which are representative of the exposure

of the general population;

— provide data on deposition rates representing the indirect exposure of the population through the food chain.

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 250 m × 250 m at industrial sites, where feasible, 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.

Where contributions from industrial sources are to 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(3) applies,
the sampling points should be sited such that the application of BAT 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);

— 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 sited so as to be representative of air quality
near the building line;

— for the deposition measurements in rural background areas, the EMEP guidelines and criteria should be applied

as far as practicable and where not provided for in the Annexes.

26.1.2005

EN

Official Journal of the European Union

L 23/13

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 the 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.

IV. Criteria for determining numbers of sampling points for fixed measurement of concentrations of arsenic,

cadmium, nickel and benzo(a)pyrene in ambient air

Minimum number of sampling points for fixed measurement to assess compliance with target values for the
protection of human health in zones and agglomerations where fixed measurement
is the sole source of
information.

(a) Diffuse sources

Population of
agglomeration or
zone
(thousands)

0–749

750–1 999

2 000–3 749

3 750–4 749

4 750–5 999

≥ 6 000

If maximum concentrations exceed the upper
assessment threshold (1)

If maximum concentrations are between the
upper and lower assessment thresholds

As, Cd, Ni

B(a)P

As, Cd, Ni

B(a)P

1

2

2

3

4

5

1

2

3

4

5

5

1

1

1

2

2

2

1

1

1

2

2

2

(1) To include at least one urban-background station and for benzo(a)pyrene also one traffic-oriented station provided this does

not increase the number of sampling points.

(b) Point sources

For the assessment of pollution in the vicinity of point sources, the number 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.

The sampling points should be sited such that the application of BAT as defined by Article 2(11) of Directive
96/61/EC can be monitored.

L 23/14

EN

Official Journal of the European Union

26.1.2005

ANNEX IV

Data quality objectives and requirements for air quality models

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

Total deposition

50 %

60 %

90 %

33 %

14 %

40 %

60 %

90 %

50 %

14 %

50 %

60 %

90 %

70 %

60 %

90 %

14 %

33 %

— Uncertainty

Fixed and indicative
measurements

Modelling

— Minimum data capture

— Minimum time coverage:

Fixed measurements

Indicative measurements (*)

(*) Indicative measurement being measurements which are performed at reduced regularity but fulfil the other data quality objectives.

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 (ENV 13005-1999), the methodology of ISO 5725:1994, and the guidance provided in
‘Air quality — Approach to uncertainty estimation for ambient air reference measurement
the CEN Report,
methods’ (CR 14377:2002E). The percentages for uncertainty are given for individual measurements, which are
averaged over typical sampling times, for a 95 % confidence interval. The uncertainty of the measurements should
be interpreted as being applicable in the region of the appropriate target value. Fixed and indicative measurements
must be evenly distributed over the year in order to avoid skewing of results.

the instrumentation. Twenty-four-hour sampling is required for

The requirements for minimum data capture and time coverage do not include losses of data due to regular
calibration or normal maintenance of
the
measurement of benzo(a)pyrene and other polycyclic aromatic hydrocarbons. With care, individual samples taken
over a period of up to one month can be combined and analysed as a composite sample, provided the method
ensures that the samples are stable for that period. The three congeners benzo(b)fluoranthene, benzo(j)fluoranthene,
benzo(k)fluoranthene can be difficult to resolve analytically. In such cases they can be reported as sum. Twenty-four
hour sampling 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, or weekly,
samples throughout the year are recommended.

Member States may use wet only instead of bulk sampling if they can demonstrate that the difference between them
is within 10 %. Deposition rates should generally be given as µg/m2 per day.

Member States may apply a minimum time coverage lower than indicated in the table, but not lower than 14 % for
fixed measurements and 6 % for indicative measurements provided that they can demonstrate that the 95 %
expanded uncertainty for the annual mean, calculated from the data quality objectives in the table according to
ISO 11222:2002 — ‘Determination of the uncertainty of the time average of air quality measurements’ will be met.

II.

Requirements for air quality models

Where an air quality model is used 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.

26.1.2005

EN

Official Journal of the European Union

L 23/15

III. Requirements for objective estimation techniques

Where objective estimation techniques are used, the uncertainty shall not exceed 100 %.

IV.

Standardisation

For substances to be analysed in the PM10 fraction, the sampling volume refers to ambient conditions.

L 23/16

EN

Official Journal of the European Union

26.1.2005

ANNEX V

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 Absorption 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.

A Member State may also use any other methods which it can demonstrate give results equivalent to the above
method.

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 4(8),
Member States are allowed to use national standard methods or ISO methods such as ISO standard 12884.

A Member State may also use any other methods which it can demonstrate give results equivalent to the above
method.

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. In the absence
of a CEN standardised method, Member States are allowed to use national standard methods or ISO standard
methods.

A Member State may also use any other methods which it can demonstrate give results equivalent to the above
method.

IV. Reference method for the sampling and analysis of the deposition of arsenic, cadmium, mercury, nickel and

polycyclic aromatic hydrocarbons

The reference method for the sampling of deposited arsenic, cadmium, mercury, nickel 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, Member States are allowed to use national standard methods.

V.

Reference air quality modelling techniques

Reference air quality modelling techniques cannot be specified at present. Any amendments to adapt this point to
scientific and technical progress must be adopted in accordance with the procedure laid down in Article 6.