Common Position (EC) No 13/2007 of 25 June 2007 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to the adoption of a Directive of the European Parliament and of the Council on ambient air quality and cleaner air for Europe
Date: 2007-06-25
Institutions: Council of the European Union
Subjects: EU programme, action programme, air quality, environmental protection, pollution control measures, public health

6.11.2007

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Official Journal of the European Union

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III

(Preparatory Acts)

COUNCIL

COMMON POSITION (EC) No 13/2007

adopted by the Council on 25 June 2007

with a view to adopting Directive 2007/…/EC of the European Parliament and of the Council of …
on ambient air quality and cleaner air for Europe

(2007/C 263 E/01)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

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

Having regard to the opinion of
Regions (2),

the Committee of

the

Acting in accordance with the procedure
Article 251 of the Treaty (3),

laid down in

Whereas:

(1)

(2)

The Sixth Community Environment Action Programme
adopted by Decision No 1600/2002/EC of the European
Parliament and of the Council of 22 July 2002 (4) estab-
lishes the need to reduce pollution to levels which mini-
mise 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.

In order to protect human health and the environment as
a whole, it is particularly important to combat emissions
of pollutants at source and to identify and implement the
local,
most effective emission reduction measures at
national and Community level. Therefore, emissions of

(1) OJ C 195, 18.8.2006, p. 84.
(2) OJ C 206, 29.8.2006, p. 1.
(3) Opinion of the European Parliament of 26 September 2006 (not yet
published in the Official Journal), Council Common Position of 25 June
and Position of the European Parliament of … (not yet published in the
Official Journal).

(4) OJ L 242, 10.9.2002, p. 1.

harmful air pollutants should be avoided, prevented or
reduced and appropriate objectives set for ambient air
quality taking into account relevant World Health Organi-
sation standards, guidelines and programmes.

Council Directive 96/62/EC of 27 September 1996 on
ambient air quality assessment and management (5),
Council Directive 1999/30/EC of 22 April 1999 relating
to limit values for sulphur dioxide, nitrogen dioxide and
oxides of nitrogen, particulate matter and lead in ambient
air (6), Directive 2000/69/EC of the European Parliament
and of the Council of 16 November 2000 relating to
for benzene and carbon monoxide in
limit values
ambient air (7), Directive 2002/3/EC of
the European
Parliament and of
the Council of 12 February 2002
relating to ozone in ambient air (8) and Council Deci-
sion 97/101/EC of 27 January 1997 establishing a reci-
procal exchange of information and data from networks
and individual stations measuring ambient air pollution
within the Member States (9) need to be substantially
revised in order to incorporate the latest health and scien-
tific developments and the experience of the Member
States.
simplification and
administrative efficiency it is therefore appropriate that
those five acts be replaced by a single Directive and,
where appropriate, by implementing measures.

In the interests of clarity,

Once sufficient experience has been gained in relation to
the
the implementation of Directive 2004/107/EC of
of
Council
European

Parliament

and

the

of

(3)

(4)

(5) OJ L 296, 21.11.1996, p. 55. Directive as amended by Regulation (EC)
the Council

the European Parliament and of

No 1882/2003 of
(OJ L 284, 31.10.2003, p. 1).

(6) OJ L 163, 29.6.1999, p. 41. Directive as amended by Commission

Decision 2001/744/EC (OJ L 278, 23.10.2001, p. 35).

(7) OJ L 313, 13.12.2000, p. 12.
(8) OJ L 67, 9.3.2002, p. 14.
(9) OJ L 35, 5.2.1997, p. 14. Decision as amended by Commission Deci-

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

(5)

(6)

(7)

(8)

(9)

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15 December 2004 relating to arsenic,
cadmium,
mercury, nickel and polycyclic aromatic hydrocarbons in
ambient air (1) consideration may be given to the possibi-
lity of merging its provisions with those of this Directive.

criteria. When assessing ambient

A common approach to the assessment of ambient air
quality should be followed according to common assess-
ment
air quality,
account should be taken of the size of populations and
ecosystems exposed to air pollution. It is therefore appro-
priate to classify the territory of each Member State into
zones or
reflecting the population
density.

agglomerations

In order to ensure that the information collected on air
pollution is sufficiently representative and comparable
across the Community, it is important that standardised
measurement techniques and common criteria for the
number and location of measuring stations are used for
the assessment of ambient air quality. Techniques other
than measurements can be used to assess ambient air
quality and it is therefore necessary to define criteria for
the use and required accuracy of such techniques.

Detailed measurements of fine particulate matter at rural
background locations should be made in order to under-
stand better the impacts of this pollutant and to develop
appropriate policies. Such measurements should be made
in a manner consistent with those of the cooperative
programme for monitoring and evaluation of the long
range transmission of air pollutants in Europe (EMEP) set
up under the 1979 Convention on Long-range Trans-
boundary Air Pollution approved by Council Decision
81/462/EEC of 11 June 1981 (2).

regulated in the same way as other air pollutants. The
approach should aim at a general reduction of concentra-
tions in the urban background to ensure that
large
the population benefit from improved air
sections of
quality. However, to ensure a minimum degree of health
protection
be
that
combined with a limit value, which is to be preceded in a
first stage by a target value.

everywhere,

approach

should

(11)

The existing target values and long-term objectives of
ensuring effective protection against harmful effects on
human health and vegetation and ecosystems from expo-
sure to ozone should remain unchanged. An alert
threshold and an information threshold for ozone should
be set for the protection of the general population and
sensitive sections, respectively, from brief exposures to
elevated ozone concentrations. Those thresholds should
trigger the dissemination of information to the public on
the risks of exposure and the implementation, if appro-
priate, of short-term measures to reduce ozone levels
where the alert threshold is exceeded.

(12) Ozone is a transboundary pollutant formed in the atmo-
sphere from the emission of primary pollutants addressed
by Directive 2001/81/EC of the European Parliament and
of the Council of 23 October 2001 on national emission
ceilings for certain atmospheric pollutants (3). Progress
towards the air quality targets and long term objectives
for ozone set in this Directive should be determined by
the targets and emission ceilings provided for in Directive
2001/81/EC and,
if appropriate, by implementing air
quality plans as provided for in this Directive.

Air quality status should be maintained where it
is
already good, or improved. Where the objectives for
ambient air quality laid down in this Directive are not
met, Member States should take action in order
to
comply with the limit values and critical
levels, and
where possible, to attain the target values and long-term
objectives.

The risk posed by air pollution to vegetation and natural
ecosystems is most important in places away from urban
areas. The assessment of such risks and the compliance
with critical levels for the protection of vegetation should
therefore focus on places away from built-up areas.

(13)

(14)

(10)

Fine particulate matter (PM2,5) is responsible for signifi-
cant negative impacts on human health. Further, there is
as yet no identifiable threshold below which PM2,5 would
not pose a risk. As such, this pollutant should not be

Fixed measurements should be mandatory in zones and
agglomerations where the long-term objectives for ozone
thresholds for other pollutants are
or the assessment
exceeded. Information from fixed measurements may be
supplemented by modelling techniques and/or indicative
measurements to enable point data to be interpreted in
terms of geographical distribution of concentrations. The
use of supplementary techniques of assessment should
also allow for
the required minimum
number of fixed sampling points.

reduction of

Contributions from natural sources can be assessed but
cannot be controlled. Therefore, where natural contribu-
tions to pollutants in ambient air can be determined with
sufficient certainty, and where exceedances are due in
whole or in part to these natural contributions, these
may, under the conditions laid down in this Directive, be
subtracted when assessing compliance with air quality
limit values. Contributions to exceedances of particulate

(1) OJ L 23, 26.1.2005, p. 3.
(2) OJ L 171, 27.6.1981, p. 11.

(3) OJ L 309, 27.11.2001, p. 22. Directive as last amended by Council

Directive 2006/105/EC (OJ L 363, 20.12.2006, p. 368).

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matter PM10 limit values attributable to winter-sanding or
-salting of roads may also be subtracted when assessing
compliance with air quality limit values provided that
reasonable measures have been taken to lower concentra-
tions.

(15)

Existing air quality limit values should remain unchanged.
However, for nitrogen dioxide, benzene and particulate
matter PM10, it should be possible to postpone the dead-
line for compliance or to obtain temporary exemption
from the obligation to apply certain limit values in cases
where, notwithstanding the implementation of appro-
priate pollution abatement measures, acute compliance
problems exist in specific zones and agglomerations. Any
postponement or temporary exemption for a given zone
or agglomeration should be accompanied by a compre-
hensive plan to be assessed by the Commission to ensure
compliance by the revised deadline.

(16) Air quality plans should be developed for zones and
agglomerations within which concentrations of pollutants
in ambient air exceed the relevant air quality target values
or limit values, plus any temporary margins of tolerance,
where applicable. Air pollutants are emitted from many
different sources and activities. To ensure coherence
between different policies, such air quality plans should
where feasible be consistent, and integrated with plans
to Directive
and
2001/80/EC of
the
Council of 23 October 2001 on the limitation of emis-
from large
sions of certain pollutants
combustion plants (1), Directive 2001/81/EC, and Direc-
tive 2002/49/EC of the European Parliament and of the
Council of 25 June 2002 relating to the assessment and
management of environmental noise (2).

the European Parliament and of

into the air

programmes

pursuant

prepared

(17) Action plans should be drawn up indicating the measures
to be taken in the short term where there is a risk of an
exceedance of one or more alert thresholds in order to
reduce that risk and to limit its duration. When the
risk applies to one or more limit values or target values,
appropriate, draw up
Member States may, where
such short-term action plans. In respect of ozone, such
short-term action plans should take into account
the
provisions of Commission Decision 2004/279/EC of
19 March 2004 concerning guidance for implementation
of Directive 2002/3/EC of the European Parliament and
of the Council relating to ozone in ambient air (3).

the alert

to exceed, the relevant air quality objectives plus the
margin of tolerance where applicable or, as the case may
be,
threshold. The transboundary nature of
specific pollutants, such as ozone and particulate matter,
may require coordination between neighbouring Member
States in drawing up and implementing air quality plans
and short-term action plans and in informing the public.
Where
should pursue
particular
cooperation with
emphasis on the early involvement of candidate coun-
tries.

States
countries, with

appropriate, Member

third

(19)

It is necessary for the Member States and the Commis-
sion to collect, exchange and disseminate air quality
information in order to understand better the impacts of
air pollution and develop appropriate policies. Up-to-date
information on concentrations of all regulated pollutants
in ambient air should also be readily available to the
public.

(20)

In order to facilitate the handling and comparison of air
quality information, data should be made available to the
Commission in a standardised form.

(21)

(22)

(23)

It is necessary to adapt procedures for data provision,
assessment and reporting of air quality to enable elec-
tronic means and the internet to be used as the main
tools to make information available, and so that such
procedures are compatible with Directive 2007/2/EC of
the European Parliament and the Council of 14 March
2007 establishing an infrastructure for spatial
informa-
tion in the European Community (Inspire) (4).

It is appropriate to provide for the possibility of adapting
the criteria and techniques used for the assessment of the
ambient air quality to scientific and technical progress
and adapting thereto the information to be provided.

Since the objectives of this Directive cannot be suffi-
ciently achieved by the Member States by reason of the
transboundary nature of air pollutants and can therefore
be better achieved at Community level, the Community
may adopt measures, in accordance with the principle of
In
subsidiarity as set out
accordance with the principle of proportionality, as set
out in that Article, this Directive does not go beyond
what is necessary in order to achieve those objectives.

in Article 5 of

the Treaty.

(18) Member States should consult with one another

if,
following significant pollution originating in another
Member State, the level of a pollutant exceeds, or is likely

(1) OJ L 309, 27.11.2001, p. 1. Directive as last amended by Directive

2006/105/EC.

(2) OJ L 189, 18.7.2002, p. 12.
(3) OJ L 87, 25.3.2004, p. 50.

(24) Member States should lay down rules on penalties applic-
able to infringements of the provisions of this Directive
they are implemented. The penalties
and ensure that
should be effective, proportionate and dissuasive.

(4) OJ L …

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(25)

(26)

(27)

(28)

(29)

(30)

(31)

Certain provisions of the acts repealed by this Directive
should remain in force in order to ensure the continu-
ance of existing air quality limits for nitrogen dioxide
until they are replaced from 1 January 2010, the continu-
ance of air quality reporting provisions until new imple-
menting measures are adopted, and the continuance of
obligations relating to the preliminary assessments of air
quality required under Directive 2004/107/EC.

The obligation to transpose this Directive into national
law should be confined to those provisions which repre-
sent a substantive change as compared with the earlier
Directives.

In accordance with paragraph 34 of the interinstitutional
agreement on better lawmaking (1), Member States are
encouraged to draw up, for themselves and in the interest
of the Community, their own tables illustrating, as far as
possible, the correlation between the Directive and the
transposition measures, and to make them public.

the fundamental

rights and
This Directive respects
observes the principles recognised in particular by the
Charter of Fundamental Rights of the European Union.
In particular, this Directive seeks to promote the integra-
tion into the policies of the Union of a high level of
environmental protection and the improvement of the
quality of the environment in accordance with the prin-
ciple of sustainable development as laid down in Article
37 of the Charter of Fundamental Rights of the European
Union.

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 (2).

In particular, power should be conferred on the Commis-
sion to amend Annexes I to VI, Annexes VIII to X and
Annex XV. Since those measures are of general scope and
this
are designed to amend non-essential elements of
Directive, they should be adopted in accordance with the
regulatory procedure with scrutiny provided for
in
Article 5a of Decision 1999/468/EC.

The transposition clause requires Member States
to
ensure that the necessary urban background measure-
in time to define the Average
ments are in place well
Exposure Indicator, in order to guarantee that the require-
ments related to the assessment of the National Exposure
Reduction Target and to the calculation of the Average
Exposure Indicator are met,

(1) OJ C 321, 31.12.2003, p. 1.
(2) OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision

2006/512/EC (OJ L 200, 22.7.2006, p. 11).

HAVE ADOPTED THIS DIRECTIVE:

CHAPTER I

GENERAL PROVISIONS

Article 1

Subject matter

This Directive lays down measures aimed at the following:

1. defining and establishing objectives for ambient air quality
designed to avoid, prevent or reduce harmful effects on
human health and the environment as a whole;

2. assessing the ambient air quality in Member States on the

basis of common methods and criteria;

3. obtaining information on ambient air quality in order to
help combat air pollution and nuisance and to monitor
long-term trends and improvements resulting from national
and Community measures;

4. ensuring that such information on ambient air quality is

made available to the public;

5. maintaining air quality where it is good and improving it in

other cases;

6. promoting increased cooperation between the Member States

in reducing air pollution.

Article 2

Definitions

For the purposes of this Directive:

1.

2.

3.

4.

5.

‘ambient air’ shall mean outdoor air in the troposphere,
excluding workplaces as defined by Council Directive
89/654/EEC (3) where provisions concerning health and
safety at work apply and to which members of the public
do not have regular access;

‘pollutant’ shall mean any substance present in ambient air
and likely to have harmful effects on human health and/or
the environment as a whole;

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

‘assessment’ shall mean any method used to measure, calcu-
late, predict or estimate levels;

‘limit value’ shall mean a level fixed on the basis of scien-
tific knowledge, with the aim of avoiding, preventing or
reducing harmful effects on human health and/or the envir-
onment as a whole, to be attained within a given period
and not to be exceeded once attained;

(3) OJ L 393, 30.12.1989, p. 1.

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6.

7.

8.

9.

‘critical level’ shall mean a level fixed on the basis of scien-
tific knowledge, above which direct adverse effects may
occur on some receptors, such as trees, other plants or
natural ecosystems but not on humans;

‘margin of tolerance’ shall mean the percentage of the limit
value by which that value may be exceeded subject to the
conditions laid down in this Directive;

‘air quality plans’ shall mean plans that set out measures in
order to attain the limit values or target values;

‘target value’ shall mean a level
fixed with the aim of
avoiding, preventing or reducing harmful effects on human
health and/or the environment as a whole, to be attained
where possible over a given period;

10.

‘alert threshold’ shall mean a level beyond which there is a
risk to human health from brief exposure for the popula-
tion as a whole and at which immediate steps are to be
taken by the Member States;

11.

‘information threshold’ shall mean a level beyond which
there is a risk to human health from brief exposure for
particularly sensitive sections of
the population and for
which immediate and appropriate information is necessary;

12.

‘upper assessment
threshold’ shall mean a level below
which a combination of fixed measurements and modelling
techniques and/or indicative measurements may be used to
assess ambient air quality;

13.

‘lower assessment threshold’ shall mean a level below which
modelling or objective-estimation techniques alone may be
used to assess ambient air quality;

14.

‘long-term objective’ shall mean a level to be attained in the
long term, save where not achievable through propor-
tionate measures, with the aim of providing effective
protection of human health and the environment;

15.

‘contributions from natural sources’ shall mean emissions
of pollutants not caused directly or indirectly by human
including natural events such as volcanic erup-
activities,
tions,
seismic activities, geothermal activities, wild-land
the atmospheric
fires, high-wind events, sea sprays or
re-suspension or transport of natural particles from dry
regions;

16.

‘zone’ shall mean part of the territory of a Member State, as
delimited by that Member State for the purposes of air
quality assessment and management;

17.

‘agglomeration’ shall mean a zone that is a conurbation
with a population in excess of 250 000 inhabitants or,
where the population is 250 000 inhabitants or less, with a
given population density per km2 to be established by the
Member States;

19.

20.

21.

the sampling and measurement of PM10, EN 12341, with a
50 % efficiency cut-off at 10 µm aerodynamic diameter;

‘PM2,5’ shall mean particulate matter which passes through a
size-selective inlet as defined in the reference method for
the sampling and measurement of PM2,5, EN 14907, with a
50 % efficiency cut-off at 2,5 µm aerodynamic diameter;

‘average exposure indicator’ shall mean an average level
determined on the basis of measurements at urban back-
ground locations throughout the territory of a Member
State and which reflects population exposure. It is used to
calculate the national exposure reduction target;

‘national exposure reduction target’ shall mean a percentage
reduction of the average exposure of the population of a
Member State set for the reference year with the aim of
reducing harmful effects on human health, to be attained
where possible over a given period;

22.

‘urban background locations’ shall mean places in urban
areas where levels are representative of the exposure of the
general urban population;

23.

24.

the volume
‘oxides of nitrogen’ shall mean the sum of
mixing ratio (ppbv) of nitrogen monoxide (nitric oxide) and
nitrogen dioxide expressed in units of mass concentration
of nitrogen dioxide (µg/m3);

‘fixed measurements’ shall mean measurements taken at
fixed sites, either continuously or by random sampling, to
determine the levels in accordance with the relevant data
quality objectives;

25.

‘indicative measurements’ shall mean measurements which
meet data quality objectives that are less strict than those
required for fixed measurements;

26.

(VOC) shall mean organic
‘volatile organic compounds’
compounds
from anthropogenic and biogenic sources,
other than methane, that are capable of producing photo-
chemical oxidants by reactions with nitrogen oxides in the
presence of sunlight;

27.

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

Article 3

Responsibilities

Member States shall designate at
the appropriate levels the
competent authorities and bodies responsible for the following:

(a) assessment of ambient air quality;

18.

‘PM10’ shall mean particulate matter which passes through a
size-selective inlet as defined in the reference method for

(b) approval of measurement systems (methods, equipment,

networks and laboratories);

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(c) ensuring the accuracy of measurements;

(d) analysis of assessment methods;

(e) coordination on their territory if Community-wide quality
the
are

being organised

by

assurance programmes
Commission;

(f) cooperation with the other Member States

and the

Commission.

Where relevant,
comply with Section C of Annex I.

the competent authorities and bodies shall

Article 4

Establishment of zones and agglomerations

shall

Member States
and agglomerations
establish zones
throughout their territory. Air quality assessment and air quality
management shall be carried out in all zones and agglomera-
tions.

CHAPTER II

ASSESSMENT OF AMBIENT AIR QUALITY

SECTION 1

Assessment of ambient air quality in relation to sulphur
dioxide, nitrogen dioxide and oxides of nitrogen, particulate
matter, lead, benzene and carbon monoxide

Article 5

Assessment regime

1.
The upper and lower assessment thresholds specified in
Section A of Annex II shall apply to sulphur dioxide, nitrogen
dioxide and oxides of nitrogen, particulate matter (PM10 and
PM2,5), lead, benzene and carbon monoxide.

Each zone and agglomeration shall be classified in relation to
those assessment thresholds.

2.
The classification referred to in paragraph 1 shall be
reviewed at least every five years in accordance with the proce-
dure laid down in Section B of Annex II.

However, classifications shall be reviewed more frequently in the
event of significant changes in activities relevant to the ambient
concentrations of sulphur dioxide, nitrogen dioxide or, where
relevant, oxides of nitrogen, particulate matter (PM10, PM2,5),
lead, benzene or carbon monoxide.

2.
In all zones and agglomerations where the level of pollu-
tants referred to in paragraph 1 exceeds the upper assessment
threshold established for those pollutants, fixed measurements
shall be used to assess the ambient air quality. Those fixed
measurements may be supplemented by modelling techniques
and/or indicative measurements to provide adequate informa-
tion on the spatial distribution of the ambient air quality.

3.
In all zones and agglomerations where the level of pollu-
tants referred to in paragraph 1 is below the upper assessment
threshold established for those pollutants, a combination of
fixed measurements and modelling techniques and/or indicative
measurements may be used to assess the ambient air quality.

4.
In all zones and agglomerations where the level of pollu-
tants referred to in paragraph 1 is below the lower assessment
threshold established for those pollutants, modelling techniques
or objective-estimation techniques or both shall be sufficient for
the assessment of the ambient air quality.

5.
In addition to the assessments referred to in paragraphs 2,
3 and 4, measurements shall be made, at rural background loca-
tions away from significant sources of air pollution, for the
purposes of providing, as a minimum, information on the total
mass concentration and the chemical speciation concentrations
of fine particulate matter (PM2,5) on an annual average basis and
shall be conducted using the following criteria:

(a) one sampling point shall be installed every 100 000 km2;

(b) each Member State shall set up at

least one measuring
station or may, by agreement with adjoining Member States,
set up one or several common measuring stations, covering
the relevant neighbouring zones, to achieve the necessary
spatial resolution;

(c) where appropriate, monitoring shall be coordinated with the
monitoring strategy and measurement programme of the
Cooperative Programme for Monitoring and Evaluation of
the Long-range Transmission of Air Pollutants in Europe
(EMEP);

(d) Sections A and C of Annex I shall apply in relation to the
data quality objectives for mass concentration measurements
of particulate matter and Annex IV shall apply in its
entirety.

Member States shall
ment methods used in the measurement of
composition of fine particulate matter (PM2,5).

inform the Commission of the measure-
the chemical

Article 6

Assessment criteria

Article 7

Sampling points

1. Member States shall assess ambient air quality with respect
to the pollutants referred to in Article 5 in all their zones and
agglomerations,
in accordance with the criteria laid down in
paragraphs 2, 3 and 4 of this Article and in accordance with
the criteria laid down in Annex III.

1.
The location of sampling points for the measurement of
sulphur dioxide, nitrogen dioxide and oxides of nitrogen, parti-
culate matter (PM10, PM2,5), lead, benzene and carbon monoxide
in ambient air shall be determined using the criteria listed in
Annex III.

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2.
In each zone or agglomeration where fixed measurements
are the sole source of information for assessing air quality, the
number of sampling points for each relevant pollutant shall not
be less than the minimum number of sampling points specified
in Section A of Annex V.

3.
For zones and agglomerations within which information
from fixed measurement sampling points is supplemented by
information from modelling and/or indicative measurement, the
total number of sampling points specified in Section A of
Annex V may be reduced by up to 50 %, provided that the
following conditions are met:

(a)

the supplementary methods provide sufficient information
for the assessment of air quality with regard to limit values
or alert thresholds, as well as adequate information for the
public;

(b) the number of sampling points to be installed and the
spatial resolution of other techniques are sufficient for the
concentration of the relevant pollutant to be established in
accordance with the data quality objectives specified in
Section A of Annex I and enable assessment results to meet
the criteria specified in Section B of Annex I.

The results of modelling and/or indicative measurement shall be
taken into account for the assessment of air quality with respect
to the limit values.

Article 8

Reference measurement methods

1. Member States shall apply the reference measurement
methods and criteria specified in Section A and Section C of
Annex VI.

Other measurement methods may be used subject to the

2.
conditions set out in Section B of Annex VI.

SECTION 2

Assessment of ambient air quality in relation to ozone

Article 9

Assessment criteria

1. Where,
in a zone or agglomeration, concentrations of
ozone have exceeded the long-term objectives specified in
Section C of Annex VII during any of the previous five years of
measurement, fixed measurements shall be taken.

fewer

than five

available,
2. Where
Member States may, for the purposes of determining whether
the long-term objectives referred to in paragraph 1 have been
exceeded during those five years, combine the results from

years' data

are

measurement campaigns of short duration carried out when
and where levels are likely to be at their highest, with the results
obtained from emission inventories and modelling.

Article 10

Sampling points

The siting of sampling points for the measurement of
in

1.
ozone shall be determined using the criteria set out
Annex VIII.

2.
The sampling points for fixed measurements of ozone in
each zone or agglomeration within which measurement is the
sole source of information for assessing air quality shall not be
less than the minimum number of sampling points specified in
Section A of Annex IX.

For zones and agglomerations within which information
3.
from sampling points for fixed measurements is supplemented
by information from modelling and/or indicative measurements,
the number of sampling points specified in Section A of
Annex IX may be reduced provided that the following condi-
tions are met:

(a)

the supplementary methods provide sufficient information
for the assessment of air quality with regard to target values,
long-term objectives, information and alert thresholds;

(b) the number of sampling points to be installed and the
spatial resolution of other techniques are sufficient for the
concentration of ozone to be established in accordance with
the data quality objectives specified in Section A of Annex I
and enable assessment results to meet the criteria specified
in Section B of Annex I;

(c)

the number of sampling points in each zone or agglomera-
tion amounts to at least one sampling point per two million
inhabitants or one sampling point per 50 000 km2, which-
ever produces the greater number of sampling points, but
must not be less than one sampling point in each zone or
agglomeration;

(d) nitrogen dioxide is measured at all remaining sampling
points except at rural background stations as referred to in
Section A of Annex VIII.

The results of modelling and/or indicative measurement shall be
taken into account for the assessment of air quality with respect
to the target values.

Nitrogen dioxide shall be measured at a minimum of 50 %
4.
the ozone sampling points required under Section A of
of
Annex IX. That measurement shall be continuous except at
rural background stations, as referred to in Section A of
Annex VIII, where other measurement methods may be used.

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5.
In zones and agglomerations where, during each of the
previous five years of measurement, concentrations are below
the long-term objectives, the number of sampling points for
fixed measurements shall be determined in accordance with
Section B of Annex IX.

6.
Each Member State shall ensure that at least one sampling
point is installed and operated in its territory to supply data on
concentrations of
the ozone precursor substances listed in
Annex X. Each Member State shall choose the number and
siting of the stations at which ozone precursor substances are to
be measured, taking into account the objectives and methods
laid down in Annex X.

Article 11

Reference measurement methods

1. Member States shall apply the reference method for
measurement of ozone, set out in point 8 of Section A of
Annex VI. Other measuring methods may be used subject to the
conditions set out in Section B of Annex VI.

2.
Each Member State shall inform the Commission of the
methods it uses to sample and measure VOC, as listed in
Annex X.

CHAPTER III

AMBIENT AIR QUALITY MANAGEMENT

Article 12

Requirements where levels are lower than the limit values

In zones and agglomerations where the levels of sulphur
dioxide, nitrogen dioxide, PM10, PM2,5, lead, benzene and carbon
monoxide in ambient air are below the respective limit values
specified in Annexes XI and XIV, Member States shall maintain
the levels of those pollutants below the limit values and shall
endeavour to preserve the best ambient air quality, compatible
with sustainable development.

Article 13

Limit values and alert thresholds for the protection of
human health

1. Member States shall ensure that, throughout their zones
and agglomerations, levels of sulphur dioxide, PM10, lead, and
carbon monoxide in ambient air do not exceed the limit values
laid down in Annex XI.

In respect of nitrogen dioxide and benzene, the limit values
specified in Annex XI may not be exceeded from the dates
specified therein.

2.
The alert thresholds for concentrations of sulphur dioxide
and nitrogen dioxide in ambient air shall be those laid down in
Section A of Annex XII.

Article 14

Critical levels

1. Member States shall ensure compliance with the critical
levels specified in Annex XIII as assessed in accordance with
Section A of Annex III.

2. Where fixed measurements are the sole source of informa-
tion for assessing air quality, the number of sampling points
shall not be less than the minimum number specified in
Section C of Annex V. Where that information is supplemented
by indicative measurements or modelling,
the minimum
number of sampling points may be reduced by up to 50 % so
long as the assessed concentrations of the relevant pollutant can
be established in accordance with the data quality objectives
specified in Section A of Annex I.

Article 15

National PM2,5 exposure reduction target for the protection
of human health

1. Member States shall
take all necessary measures not
entailing disproportionate costs to reduce exposure to PM2,5
with a view to attaining the national exposure reduction target
laid down in Section B of Annex XIV by the year specified
therein.

The average exposure indicator for PM2,5 shall be assessed

2.
in accordance with Section A of Annex XIV.

3.
Each Member State shall, in accordance with Annex III,
ensure that the distribution and the number of sampling points
on which the average exposure indicator for PM2,5 is based
reflect the general population exposure adequately. The number
of sampling points shall be no less than that determined by
application of Section B of Annex V.

Article 16

PM2,5 target value and limit value for the protection of
human health

1. Member States shall
take all necessary measures not
entailing disproportionate costs to ensure that concentrations of
PM2,5 in ambient air do not exceed the target value laid down in
Section C of Annex XIV as from the date specified therein.

Compliance with these requirements shall be assessed in accord-
ance with Annex III.

The margins of tolerance laid down in Annex XI shall apply in
accordance with Article 22(3) and Article 23(1).

2. Member States shall ensure that concentrations of PM2,5 in
ambient air do not exceed the limit value laid down in Section
D of Annex XIV throughout their zones and agglomerations as
from the date specified therein. Compliance with this require-
ment shall be assessed in accordance with Annex III.

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The margin of

3.
Annex XIV shall apply in accordance with Article 23(1).

tolerance laid down in Section D of

Article 17

Requirements in zones and agglomerations where ozone
concentrations exceed the target values and long-term
objectives

1. Member States shall
take all necessary measures not
entailing disproportionate costs to ensure that the target values
and long-term objectives are attained.

For zones and agglomerations in which a target value is
2.
exceeded, Member States shall ensure that
the programme
prepared pursuant to Article 6 of Directive 2001/81/EC and, if
appropriate, an air quality plan is implemented in order to
attain the target values, save where not achievable through
measures not entailing disproportionate costs, as from the date
specified in Section B of Annex VII.

3.
For zones and agglomerations in which the levels of
ozone in ambient air are higher than the long-term objectives
but below, or equal to, the target values, Member States shall
prepare and implement cost-effective measures with the aim of
achieving the long-term objectives. Those measures shall, at
least, be consistent with all
the air quality plans and the
programme referred to in paragraph 2.

Article 18

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

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

Article 19

Measures required in the event of information or alert
thresholds being exceeded

Where the information threshold specified in Annex XII or any
of the alert thresholds laid down therein is exceeded, Member
States shall take the necessary steps to inform the public by
means of radio, television, newspapers or the Internet.

Member States shall also forward to the Commission, on a
provisional basis,
information concerning the levels recorded
and the duration of the periods during which the alert threshold
or information threshold was exceeded.

Article 20

Contributions from natural sources

1. Member States shall transmit to the Commission, for a
given year, lists of zones and agglomerations where exceedances
of limit values for a given pollutant are attributable to natural
sources. Member States shall provide information on concentra-
the
tions and sources and the evidence demonstrating that
exceedances are attributable to natural sources.

the Commission has been informed of

2. Where
an
exceedance attributable to natural sources in accordance with
paragraph 1, that exceedance shall not be considered as an
exceedance for the purposes of this Directive.

The Commission shall by … (*) publish guidelines for
3.
demonstration and subtraction of exceedances attributable to
natural sources.

Article 21

Exceedances attributable to winter-sanding or -salting of
roads

1. Member States may designate zones or agglomerations
within which limit
in
ambient air due to the re-suspension of particulates following
winter-sanding or -salting of roads.

exceeded

values

PM10

are

for

2. Member States shall send the Commission lists of any
such zones or agglomerations together with information on
concentrations and sources of PM10 therein.

3. When informing the Commission in accordance with
Article 27, Member States shall provide the necessary evidence
to demonstrate that any exceedances are due to re-suspended
particulates and that reasonable measures have been taken to
lower the concentrations.

4. Without prejudice to Article 20, in the case of zones and
agglomerations referred to in paragraph 1 of
this Article,
Member States need to establish the air quality plan provided
for in Article 23 only insofar as exceedances are attributable to
PM10 sources other than winter-sanding or -salting of roads.

5.
The Commission shall publish guidelines for determin-
ation of contributions from the re-suspension of particulates
following winter-sanding or -salting of roads by … (*).

(*) Two years after the date of entry into force of this Directive.

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Article 22

Postponement of attainment deadlines and exemption from
the obligation to apply certain limit values

1. Where, in a given zone or agglomeration, conformity with
the limit values for nitrogen dioxide or benzene cannot be
achieved by the deadlines specified in Annex XI, a Member State
may postpone those deadlines by a maximum of five years for
that particular zone or agglomeration, on condition that an air
quality plan is established in accordance with Article 23 for the
zone or agglomeration to which the postponement would
apply; such air quality plan shall be supplemented by the infor-
mation listed in Section B of Annex XV related to the pollutants
concerned and shall demonstrate how conformity will be
achieved with the limit values before the new deadline.

2. Where, in a given zone or agglomeration, conformity with
the limit values for PM10 as specified in Annex XI cannot be
achieved because of
site-specific dispersion characteristics,
transboundary contributions,
adverse climatic conditions or
Member States shall be exempt from the obligation to apply
those limit values until … (*) provided that the conditions laid
down in paragraph 1 are fulfilled.

3. Where a Member State applies paragraphs 1 or 2, it shall
ensure that the limit value for each pollutant is not exceeded by
more than the maximum margin of
tolerance specified in
Annex XI for each of the pollutants concerned.

information necessary for

4. Member States shall notify the Commission where, in their
view, paragraphs 1 or 2 are applicable, and shall communicate
the air quality plan referred to in paragraph 1 including all rele-
the Commission to assess
vant
whether or not the relevant conditions are satisfied. In its assess-
ment, the Commission shall take into account estimated effects
of measures that have been taken by the Member States as well
as estimated effects of Community measures.

Where the Commission has raised no objections within nine
months of receipt of that notification, the relevant conditions
for the application of paragraphs 1 or 2 shall be deemed to be
satisfied.

If objections are raised, the Commission may require Member
States to adjust or provide new air quality plans.

CHAPTER IV

PLANS

Article 23

Air quality plans

in given zones or agglomerations, the levels of
1. Where,
pollutants in ambient air exceed any limit value or target value,

(*) Three years after the date of entry into force of this Directive.

plus any relevant margin of tolerance in each case, Member
States shall ensure that air quality plans are established for those
zones and agglomerations in order to achieve the related limit
value or target value specified in Annexes XI and XIV.

In the event of exceedances of those limit values for which the
attainment deadline is already expired, the air quality plan shall
set out appropriate measures, so that the exceedance period can
be kept as short as possible.

Those plans shall incorporate at least the information listed in
Section A of Annex XV and be communicated to the Commis-
sion without delay, but no later than two years after the end of
the year the first exceedance was observed.

Where air quality plans must be prepared or implemented in
respect of several pollutants, Member States shall, where appro-
priate, prepare and implement
integrated air quality plans
covering all pollutants concerned.

2. Member States shall, to the extent feasible, ensure consis-
tency with other plans required under Directive 2001/80/EC,
Directive 2001/81/EC or Directive 2002/49/EC in order to
achieve the relevant environmental objectives.

Article 24

Short-term action plans

1. Where, in a given zone or agglomeration, there is a risk
that the levels of pollutants will exceed one or more of the alert
thresholds specified in Annex XII, Member States shall draw up
action plans indicating the measures to be taken in the short
term in order to reduce the risk or duration of such an excee-
dance. Where this risk applies to one or more limit values or
target values specified in Annexes VII, XI and XIV, Member States
may, where appropriate, draw up such short-term action plans.

However, where there is a risk that the alert threshold for ozone
specified in Section B of Annex XII will be exceeded, Member
States shall only draw up such short-term action plans when in
their opinion there is a significant potential, taking into account
national geographical, meteorological and economic conditions,
to reduce the risk, duration or severity of such an exceedance.
When drawing up such a short-term action plan Member States
shall take account of Decision 2004/279/EC.

2.
The short-term action plans referred to in paragraph 1
may, depending on the individual case, provide for measures to
control and, where necessary,
including
motor-vehicle traffic, which contribute to the risk of the respec-
threshold being
tive limit values or
exceeded. Those action plans may also include
effective
measures in relation to the use of industrial plants or products.

target values or alert

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3. When Member States have drawn up a short-term action
plan, they shall make available to the public and to appropriate
organisations such as environmental organisations, consumer
organisations, organisations representing the interests of sensi-
tive population groups and other relevant health-care bodies
both the results of their investigations on the feasibility and the
content of specific short-term action plans as well as informa-
tion on the implementation of these plans.

4.
For the first time before … (*) and at regular intervals
thereafter, the Commission shall publish examples of best prac-
tices for the drawing-up of short-term action plans.

Article 25

Transboundary air pollution

1. Where any alert threshold, limit value or target value plus
any relevant margin of
tolerance or long-term objective is
exceeded due to significant transboundary transport of air pollu-
tants or their precursors, the Member States concerned shall
cooperate and, where appropriate, draw up joint activities, such
as the preparation of
joint or coordinated air quality plans
pursuant to Article 23 in order to remove such exceedances
through the application of appropriate but proportionate
measures.

the Commission shall,

The Commission shall be invited to be present and to
2.
assist in any cooperation referred to in paragraph 1. Where
appropriate,
the
taking into account
reports
to Article 9 of Directive
2001/81/EC, consider whether further action should be taken at
to reduce precursor emissions
Community level
responsible for transboundary pollution.

established pursuant

in order

3. Member States shall, if appropriate pursuant to Article 24,
prepare and implement joint short-term action plans covering
neighbouring zones in other Member States. Member States
shall ensure that neighbouring zones in other Member States
which have developed short-term action plans receive all appro-
priate information.

4. Where the information threshold or alert thresholds are
exceeded in zones or agglomerations close to national borders,
information shall be provided as soon as possible to the compe-
tent authorities in the neighbouring Member States concerned.
That information shall also be made available to the public.

5.
In drawing up plans as provided for in paragraphs 1 and 3
and in informing the public as referred to in paragraph 4,
Member States shall, where appropriate, endeavour to pursue
cooperation with third countries, and in particular with candi-
date countries.

(*) Two years after the date of entry into force of this Directive.

CHAPTER V

INFORMATION AND REPORTING

Article 26

Public information

1. Member States shall ensure that the public as well as
appropriate organisations such as environmental organisations,
consumer organisations, organisations representing the interests
of sensitive populations and other relevant health-care bodies
are informed, adequately and in good time, of the following:

(a) ambient air quality in accordance with Annex XVI;

(b) any postponement decisions pursuant to Article 22(1);

(c) any exemptions pursuant to Article 22(2);

(d) air quality plans as provided for

in Article 22(1) and

Article 23 and programmes referred to in Article 17(2).

The information shall be made available free of charge by
means of any easily accessible media including the Internet or
any other appropriate means of telecommunication, and shall
laid down in Directive
take into account
2007/2/EC.

the provisions

2. Member States shall make available to the public annual
reports for all pollutants covered by this Directive.

Those reports shall summarise the levels exceeding limit values,
target values, long-term objectives, information thresholds and
alert thresholds, for the relevant averaging periods. That infor-
mation shall be combined with a summary assessment of the
effects of those exceedances. The reports may include, where
appropriate,
information and assessments on forest
protection as well as information on other pollutants for which
monitoring provisions are specified in this Directive, such as,
inter alia, selected non-regulated ozone precursor substances as
listed in Section B of Annex X.

further

3. Member States shall inform the public of the competent
authority or body designated in relation to the tasks referred to
in Article 3.

Article 27

Transmission of information and reporting

1. Member States shall ensure that information on ambient
air quality is made available to the Commission within the
required timescale as determined by the implementing measures
referred to in Article 28(2).

2.
In any event, for the specific purpose of assessing compli-
ance with the limit values and critical levels and the attainment
of target values, such information shall be made available to the
Commission no later than nine months after the end of each
year and shall include:

(a)

the changes made in that year to the list and delimitation of
zones and agglomerations established under Article 4;

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(b) the list of zones and agglomerations in which the levels of
one or more pollutants are higher than the limit values plus
the margin of tolerance where applicable or higher than
levels; and for these zones and
target values or critical
agglomerations:

(i)

levels assessed and,
when such levels were observed;

if relevant, the dates and periods

(ii) if appropriate, an assessment on contributions from
natural sources and from re-suspension of particulates
following winter-sanding or -salting of roads to the
levels assessed, as declared to the Commission under
Articles 20 and 21.

Paragraphs 1 and 2 shall apply to information collected as
3.
the
from the beginning of
entry into force of the implementing measures referred to in
Article 28(2).

the second calendar year after

CHAPTER VI

COMMITTEE, TRANSITIONAL AND FINAL PROVISIONS

Article 29

Committee

The Commission shall be assisted by a committee,

1.
Ambient Air Quality Committee’.

‘the

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

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

3. Where reference is made to this paragraph, Article 5a(1)
to (4) and Article 7 of Decision 1999/468/EC shall apply,
having regard to the provisions of Article 8 thereof.

Article 28

Implementing measures

Article 30

Penalties

1.
The measures designed to amend the non-essential
elements of this Directive, namely Annexes I to VI, Annexes VIII
to X and Annex XV, shall be adopted in accordance with the
regulatory procedure with scrutiny referred to in Article 29(3).

However, the amendments may not have the effect of directly or
indirectly modifying either of the following:

(a)

the limit values, exposure reduction targets, critical
levels,
target values, information or alert thresholds or long-term
objectives specified in Annex VII and Annexes XI to XIV;

(b) dates for the compliance with any of the parameters referred

to in point (a).

2.
The Commission shall, in accordance with the procedure
referred to in Article 29(2), determine the additional informa-
tion to be made available by Member States pursuant
to
Article 27 as well as the timescales in which such information is
to be communicated.

The Commission shall also identify ways of streamlining the
way data are reported and the reciprocal exchange of informa-
tion and data from networks and individual stations measuring
ambient air pollution within the Member States, in accordance
with the procedure referred to in Article 29(2).

3.
The Commission shall draw up guidelines for the agree-
ments on setting up common measuring stations as referred to
in Article 6(5).

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

Article 31

Repeal and transitional provisions

and
Directives 96/62/EC, 1999/30/EC, 2000/69/EC,
1.
2002/3/EC are repealed as from … (*), without prejudice to the
obligations on the Member States relating to time-limits for
transposition or application of those Directives.

However, the following Articles shall remain in force:

(a) Article 5 of Directive 96/62/EC until 31 December 2010;

(b) Article 11(1) of Directive 96/62/EC and Article 10(1), (2)
and (3) of Directive 2002/3/EC until the end of the second
calendar year following the entry into force of the imple-
menting measures referred to in Article 28(2) of
this
Directive;

(c) Article 9(3)

and (4) of Directive 1999/30/EC until

31 December 2009.

References made to the repealed Directives

2.
shall be
construed as being made to this Directive and should be read in
accordance with the correlation table in Annex XVII.

3.
Decision 97/101/EC is repealed with effect from the end
of the second calendar year following the entry into force of the
this
implementing measures referred to in Article 28(2) of
Directive.

The Commission shall publish guidance on the demonstra-

4.
tion of equivalence referred to in Section B of Annex VI.

(*) Two years after the date of entry into force of this Directive.

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Article 32

Review

In 2013 the Commission shall review the provisions related to
PM2,5 and, as appropriate, other pollutants, and shall present a
proposal to the European Parliament and the Council.

As regards PM2,5, the review shall be undertaken with a view to
establishing a legally binding exposure reduction obligation in
order to replace the national exposure reduction target laid
down in Article 15, taking into account, inter alia, the following
elements:

— latest scientific information from WHO and other relevant

organisations,

— air quality situations and reduction potentials in the Member

States,

— the revision of Directive 2001/81/EC,

— progress made in implementing Community reduction

measures for air pollutants.

As part of the review, the Commission shall also prepare a
report on the experience on monitoring of PM10 and PM2,5,
taking into account technical progress in automatic measuring
techniques.
the
measurement of PM10 and PM2,5 shall be proposed.

If appropriate, new reference methods

for

When Member States adopt these measures, they shall contain a
reference to this Directive or shall be accompanied by such
reference on the occasion of
their official publication. The
methods of making such reference shall be laid down by
Member States.

2.
However, Member States shall ensure that a sufficient
number of urban background measurement stations of PM2,5
necessary for the calculation of the Average Exposure Indicator,
in accordance with Section B of Annex V,
is established by
1 January 2008 or, at the latest, by 1 January 2009, in order to
comply with the timeframe and the conditions indicated in
Section A of Annex XIV.

3. Member States shall communicate to the Commission the
text of the main provisions of national law which they adopt in
the field covered by this Directive.

Article 34

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

Article 35

This Directive is addressed to the Member States.

Article 33

Transposition

Done at …,

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive before … (*).

For the European Parliament

The President

For the Council

The President

(*) Two years after the date of entry into force of this Directive.

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ANNEX I

Data quality objectives

A. Data quality objectives for ambient air quality assessment

Sulphur dioxide,
nitrogen dioxide and
oxides of nitrogen
and carbon monoxide

Benzene

Particulate matter
(PM10/PM2,5) and lead

Ozone and related
NO and NO2

Fixed measurements (1)

Uncertainty

Minimum data capture

Minimum time coverage:

— urban background and

traffic

— industrial sites

Indicative measurements

Uncertainty

Minimum data capture

15 %

90 %

—

—

25 %

90 %

25 %

90 %

35 % (2)

90 %

30 %

90 %

25 %

90 %

—

—

50 %

90 %

Minimum time coverage

14 % (4)

14 % (3)

14 % (4)

15 %

90 % during
summer
75 % during
winter

—

—

30 %

90 %

> 10 % during
summer

Modelling uncertainty:

Hourly

Eight-hour averages

Daily averages

Annual averages

Objective estimation

Uncertainty

50 %

50 %

50 %

30 %

—

—

—

—

—

not yet defined

50 %

50 %

50 %

50 %

—

—

75 %

100 %

100 %

75 %

(1) Member States may apply random measurements instead of continuous measurements for benzene, lead and particulate matter if
they can demonstrate to the Commission that the uncertainty, including the uncertainty due to random sampling, meets the
quality objective of 25 % and the time coverage is still larger than the minimum time coverage for indicative measurements.
Random sampling must be evenly distributed over the year in order to avoid skewing of results. The uncertainty due to random
sampling may be determined by the procedure laid down in ISO 11222 (2002) ‘Air Quality — Determination of the Uncertainty
of the Time Average of Air Quality Measurements’. If random measurements are used to assess the requirements of the PM10 limit
value, the 90,4 percentile (to be lower than or equal to 50 µg/m3) should be evaluated instead of the number of exceedances,
which is highly influenced by data coverage.

(2) Distributed over the year to be representative of various conditions for climate and traffic.
(3) One day's measurement a week at random, evenly distributed over the year, or 8 weeks evenly distributed over the year.
(4) One measurement a week at random, evenly distributed over the year, or 8 weeks evenly distributed over the year.

The uncertainty (expressed at a 95 % confidence level) of the assessment methods will be evaluated in accordance
with the principles of the CEN Guide to the Expression of Uncertainty in Measurement (ENV 13005-1999), the meth-
odology of ISO 5725:1994 and the guidance provided in the CEN report ‘Air Quality — Approach to Uncertainty
Estimation for Ambient Air Reference Measurement Methods’ (CR 14377:2002E). The percentages for uncertainty in
the above table are given for individual measurements averaged over the period considered by the limit value (or
target value in the case of ozone), for a 95 % confidence interval. The uncertainty for the fixed measurements shall be
interpreted as being applicable in the region of the appropriate limit value (or target value in the case of ozone).

The uncertainty for modelling is defined as the maximum deviation of the measured and calculated concentration
levels for 90 % of individual monitoring points, over the period considered, by the limit value (or target value in the
case of ozone), without taking into account the timing of the events. The uncertainty for modelling shall be inter-
preted as being applicable in the region of the appropriate limit value (or target value in the case of ozone). The fixed
measurements that have to be selected for comparison with modelling results shall be representative of the scale
covered by the model.

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The uncertainty for objective estimation is defined as the maximum deviation of the measured and calculated concen-
tration levels, over the period considered, by the limit value (or target value in the case of ozone), without taking into
account the timing of the events.

The requirements for minimum data capture and time coverage do not include losses of data due to the regular cali-
bration or the normal maintenance of the instrumentation.

B. Results of air quality assessment

The following information shall be compiled for zones or agglomerations within which sources other than measure-
ment are employed to supplement information from measurement or as the sole means of air quality assessment:

— a description of assessment activities carried out,

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

— the sources of data and information,

— a description of results, including uncertainties and, in particular, the extent of any area or, if relevant, the length
of road within the zone or agglomeration over which concentrations exceed any limit value, target value or long-
term objective plus margin of tolerance, if applicable, and of any area within which concentrations exceed the
upper assessment threshold or the lower assessment threshold,

— the population potentially exposed to levels in excess of any limit value for protection of human health.

C. Quality assurance for ambient air quality assessment: data validation

1. To ensure accuracy of measurements and compliance with the data quality objectives laid down in Section A, the

appropriate competent authorities and bodies designated pursuant to Article 3 shall ensure the following:

— that all measurements undertaken in relation to the assessment of ambient air quality pursuant to Articles 6 and
9 are traceable in accordance with the requirements set out in Section 5.6.2.2. of the ISO/IEC 17025:2005,

— that institutions operating networks and individual stations have an established quality assurance and quality

control system which provides for regular maintenance to assure the accuracy of measuring devices,

— that a quality assurance/quality control process is established for the process of data collection and reporting
and that institutions appointed for this task actively participate in the related Community-wide quality assur-
ance programmes,

— that the national laboratories, when appointed by the appropriate competent authority or body designated
pursuant to Article 3, that are taking part in Community-wide intercomparisons covering pollutants regulated
in this Directive, are accredited according to EN/ISO 17025 by 2010 for the reference methods referred to in
Annex VI. These laboratories shall be involved in the coordination on Member States territory of the Com-
munity wide quality assurance programmes to be organized by the Commission and shall also coordinate, on
the national level, the appropriate realization of reference methods and the demonstration of equivalence of
non-reference methods.

2. All reported data under Article 27 shall be deemed to be valid except data flagged as provisional.

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ANNEX II

Determination of requirements for assessment of concentrations of sulphur dioxide, nitrogen dioxide and oxides
of nitrogen, particulate matter (PM10 and PM2,5), lead, benzene and carbon monoxide in ambient air within a
zone or agglomeration

A. Upper and lower assessment thresholds

The following upper and lower assessment thresholds will apply:

1. Sulphur dioxide

Health protection

Vegetation protection

Upper assessment threshold

Lower assessment threshold

value
60 % of 24-hour
(75 µg/m3, not to be exceeded more
than 3 times in any calendar year)

limit

40 % of 24-hour
value
(50 µg/m3, not to be exceeded more
than 3 times in any calendar year)

limit

60 % of winter critical
m3)

level (12 µg/

40 % of winter critical level (8 µg/m3)

2. Nitrogen dioxide and oxides of nitrogen

Hourly limit value for the
protection of human health
(NO2)

Annual limit value for the
protection of human health
(NO2)

Annual critical level for the
protection of vegetation and
natural ecosystems (NOx)

80 % of
(32 µg/m3)

limit

value

80 % of
(24 µg/m3)

critical

level

65 % of
(26 µg/m3)

limit

value

65 % of
(19,5 µg/m3)

critical

level

Upper
threshold

assessment

Lower
threshold

assessment

value
limit
70 % of
(140 µg/m3, not
to be
exceeded
than
more
18 times in any calendar
year)

value
50 % of
limit
(100 µg/m3, not
to be
exceeded
than
more
18 times in any calendar
year)

3. Particulate matter (PM10/PM2,5)

24-hour average PM10

Annual average PM10

Annual average
PM2,5 (1)

Upper
threshold

assessment

70 % of limit value (35 µg/m3, not to be
in any
exceeded more than 35 times
calendar year)

70 % of limit value
(28 µg/m3)

70 % of
(17 µg/m3)

limit value

Lower
threshold

assessment

50 % of limit value (25 µg/m3, not to be
exceeded more than 35 times
in any
calendar year)

50 % of limit value
(20 µg/m3)

50 % of
(12 µg/m3)

limit value

(1) The upper assessment threshold and the lower assessment threshold for PM2,5 do not apply to the measurements to assess

compliance with the PM2,5 exposure reduction target for the protection of human health.

4. Lead

Upper assessment threshold

70 % of limit value (0,35 µg/m3)

Lower assessment threshold

50 % of limit value (0,25 µg/m3)

Annual average

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5. Benzene

Upper assessment threshold

70 % of limit value (3,5 µg/m3)

Lower assessment threshold

40 % of limit value (2 µg/m3)

Annual average

6. Carbon Monoxide

Upper assessment threshold

70 % of limit value (7 mg/m3)

Lower assessment threshold

50 % of limit value (5 mg/m3)

Eight-hour average

B. Determination of exceedances of upper and lower assessment thresholds

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

Where fewer than five years' data are available, Member States may combine measurement campaigns of short dura-
tion 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.

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Official Journal of the European Union

6.11.2007

ANNEX III

Assessment of ambient air quality and location of sampling points for the measurement of sulphur dioxide,
nitrogen dioxide and oxides of nitrogen, particulate matter (PM10 and PM2,5), lead, benzene and carbon monoxide
in ambient air

A. General

Ambient air quality shall be assessed in all zones and agglomerations in accordance with the following criteria:

1. Ambient air quality shall be assessed at all locations except those listed in paragraph 2, in accordance with the
criteria established by Sections B and C for the location of sampling points for fixed measurement. The principles
established by Sections B and C shall also apply in so far as they are relevant in identifying the specific locations in
which concentration of the relevant pollutants are established where ambient air quality is assessed by indicative
measurement or modelling.

2. Compliance with the limit values directed at the protection of human health shall not be assessed at the following

locations:

(a) any locations situated within areas where members of the public do not have access and there is no fixed habi-

tation;

(b) on the carriageway of roads; and on the central reservations of roads except where there is normally pedestrian

access to the central reservation.

B. Macroscale siting of sampling points

1. Protection of human health

(a) Sampling points directed at the protection of human health shall be sited in such a way as to provide data on

the following:

— the areas within zones and agglomerations where the highest concentrations occur to which the popula-
tion is likely to be directly or indirectly exposed for a period which is significant in relation to the aver-
aging period of the limit value(s);

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

general population.

(b) Sampling points shall in general be sited in such a way as to avoid measuring very small micro-environments
in their immediate vicinity, which means that a sampling point must be sited in such a way that the air
sampled is representative of air quality for a street segment no less than 100 m length at traffic-orientated
sites and at least 250 m × 250 m at industrial sites, where feasible.

(c) Urban background locations shall be located so that their pollution level is influenced by the integrated contri-
bution from all sources upwind of the station. The pollution level should not be dominated by a single source
unless such a situation is typical for a larger urban area. Those sampling points shall, as a general rule, be
representative for several square kilometres.

(d) Where the objective is to assess rural background levels, the sampling point shall not be influenced by agglom-

erations or industrial sites in its vicinity, i.e. sites closer than five kilometres.

(e) 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.

(f) Sampling points shall, where possible, also be representative of similar locations not in their immediate vici-

nity.

(g) Account shall be taken of the need to locate sampling points on islands where that is necessary for the protec-

tion of human health.

2. Protection of vegetation and natural ecosystems

Sampling points targeted at the protection of vegetation and natural ecosystems shall be sited more than 20 km
away from agglomerations or more than 5 km away from other built-up areas, industrial installations or motor-
ways or major roads with traffic counts of more than 50 000 vehicles per day, which means that a sampling
point must be sited in such a way that the air sampled is representative of air quality in a surrounding area of at
least 1 000 km2. A Member State may provide for a sampling point to be sited at a lesser distance or to be repre-
sentative of air quality in a less extended area, taking account of geographical conditions or of the opportunities
to protect particularly vulnerable areas.

Account shall be taken of the need to assess air quality on islands.

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C. Microscale siting of sampling points

Insofar as is practicable, the following shall apply:

— the flow around the inlet sampling probe shall be unrestricted (free in an arc of at least 270°) without any obstruc-
tions 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 shall 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 shall not be positioned in the immediate vicinity of sources in order to avoid the direct intake of

emissions unmixed with ambient air,

— the sampler's exhaust outlet shall be positioned so that recirculation of exhaust air to the sampler inlet is avoided,

— for all pollutants, traffic-orientated sampling probes shall be at least 25 m from the edge of major junctions and

no more than 10 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 the public and operators,

— the desirability of co-locating sampling points for different pollutants,

— planning requirements.

D. Documentation and review of site selection

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

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Official Journal of the European Union

6.11.2007

ANNEX IV

Measurements at rural background locations irrespective of concentration

A. Objectives

The main objectives of such measurements are to ensure that adequate information is made available on levels in the
background. This information is essential to judge the enhanced levels in more polluted areas (such as urban back-
ground, industry related locations, traffic related locations), assess the possible contribution from long-range transport
of air pollutants, support source apportionment analysis and for the understanding of specific pollutants such as parti-
culate matter. It is also essential for the increased use of modelling also in urban areas.

B. Substances

Measurement of PM2,5 must
the total mass concentration and concentrations of appropriate
compounds to characterise its chemical composition. At least the list of chemical species given below shall be
included.

include at

least

SO4

2-

NO3

-

C. Siting

Na+

K+

NH4

+

Cl-

Ca2+

Mg2+

elemental carbon (EC)

organic carbon (OC)

Measurements should be taken in particular in rural background areas in accordance with parts A, B, and C of
Annex III.

ANNEX V

Criteria for determining minimum numbers of sampling points for fixed measurement of concentrations of
sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter (PM10, PM2,5), lead, benzene and
carbon monoxide in ambient air

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

1. Diffuse sources

Population of agglomeration or zone
(thousands)

If maximum concentrations exceed the
upper assessment threshold (1)

If maximum concentrations are between
the upper and lower assessment
thresholds

Pollutants except
PM

PM (2) (sum of
PM10 and PM2,5)

Pollutants except
PM

PM (2) (sum of
PM10 and PM2,5)

0-249

250-499

500-749

750-999

1 000-1 499

1 500-1 999

2 000-2 749

1

2

2

3

4

5

6

2

3

3

4

6

7

8

1

1

1

1

2

2

3

1

2

2

2

3

3

4

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Population of agglomeration or zone
(thousands)

If maximum concentrations exceed the
upper assessment threshold (1)

If maximum concentrations are between
the upper and lower assessment
thresholds

Pollutants except
PM

PM (2) (sum of
PM10 and PM2,5)

Pollutants except
PM

PM (2) (sum of
PM10 and PM2,5)

2 750-3 749

3 750-4 749

4 750-5 999

≥ 6 000

7

8

9

10

10

11

13

15

3

3

4

4

4

6

6

7

(1) For nitrogen dioxide, particulate matter, benzene and carbon monoxide: to include at least one urban background monitoring
station and one traffic-orientated station provided this does not increase the number of sampling points. For these pollutants,
the total number of urban-background stations and the total number of traffic oriented stations in a Member State required
under Section A(1) shall not differ by more than a factor of 2. Sampling points with exceedances of the limit value for PM 10
within the last three years shall be maintained.

(2) Where PM2,5 and PM10 are measured in accordance with Article 8 at the same monitoring station, these shall count as two sepa-
rate sampling points. The total number of PM2,5 and PM10 sampling points in a Member State required under Section A(1) shall
not differ by more than a factor of 2, and the number of PM2,5 sampling points in the urban background of agglomerations
and urban areas shall meet the requirements under Section B of Annex V.

2. Point sources

For the assessment of pollution in the vicinity of point sources, the number of sampling points for fixed measure-
ment shall be calculated taking into account emission densities, the likely distribution patterns of ambient-air pollu-
tion and the potential exposure of the population.

B. Minimum number of sampling points for fixed measurement to assess compliance with the PM2,5 exposure reduction

target for the protection of human health

One sampling point per million inhabitants summed over agglomerations and additional urban areas in excess of
100 000 inhabitants shall be operated for this purpose. Those sampling points may coincide with sampling points
under Section A.

C. Minimum number of sampling points for fixed measurements to assess compliance with critical levels for the protec-

tion of vegetation in zones other than agglomerations

If maximum concentrations exceed the upper assessment
threshold

If maximum concentrations are between upper and lower
assessment threshold

1 station every 20 000 km2

1 station every 40 000 km2

In island zones the number of sampling points for fixed measurement should be calculated taking into account the
likely distribution patterns of ambient-air pollution and the potential exposure of vegetation.

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Official Journal of the European Union

6.11.2007

Reference methods for assessment of concentrations of sulphur dioxide, nitrogen dioxide and oxides of nitrogen,
particulate matter (PM10 and PM2,5), lead, benzene, carbon monoxide, and ozone

ANNEX VI

A. Reference measurement methods

1. Reference method for the measurement of sulphur dioxide

The reference method for the measurement of sulphur dioxide is that described in EN 14212:2005 ‘Ambient air
quality — Standard method for
the concentration of sulphur dioxide by ultraviolet
fluorescence’.

the measurement of

2. Reference method for the measurement of nitrogen dioxide and oxides of nitrogen

The reference method for the measurement of nitrogen dioxide and oxides of nitrogen is that described in
EN 14211:2005 ‘Ambient air quality — Standard method for the measurement of the concentration of nitrogen
dioxide and nitrogen monoxide by chemiluminescence’.

3. Reference method for the sampling and measurement of lead

The reference method for the sampling of lead is that described in Section A(4) of this Annex. The reference
method for the measurement of lead is that described in EN 14902:2005 ‘Standard method for measurement of
Pb/Cd/As/Ni in the PM10 fraction of suspended particulate matter’.

4. Reference method for the sampling and measurement of PM10

The reference method for the sampling and measurement of PM10 is that described in EN 12341:1999 ‘Air Quality
— Determination of the PM10 fraction of suspended particulate matter — Reference method and field test proce-
dure to demonstrate reference equivalence of measurement methods’.

5. Reference method for the sampling and measurement of PM2,5

The reference method for the sampling and measurement of PM2,5 is that described in EN 14907:2005 ‘Standard
gravimetric measurement method for the determination of the PM2,5 mass fraction of suspended particulate matter’.

6. Reference method for the sampling and measurement of benzene

The reference method for the measurement of benzene is that described in EN 14662:2005, parts 1, 2 and 3
‘Ambient air quality — Standard method for measurement of benzene concentrations’.

7. Reference method for the measurement of carbon monoxide

The reference method for the measurement of carbon monoxide is that described in EN 14626:2005 ‘Ambient air
quality — Standard method for the measurement of the concentration of carbon monoxide by non-dispersive
infrared spectroscopy’.

8. Reference method for measurement of ozone

The reference method for the measurement of ozone is that described in EN 14625:2005 ‘Ambient air quality —
Standard method for the measurement of the concentration of ozone by ultraviolet photometry’.

B. Demonstration of equivalence

1. A Member State may use any other method which it can demonstrate gives results equivalent to any of the
methods referred to in Section A or, in the case of particulate matter, any other method which the Member State
concerned can demonstrate displays a consistent relationship to the reference method. In that event the results
achieved by that method must be corrected to produce results equivalent to those that would have been achieved
by using the reference method.

2. The Commission may require the Member States to prepare and submit a report on the demonstration of equiva-

lence in accordance with paragraph 1.

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3. When assessing the acceptability of the report mentioned in paragraph 2, the Commission will make reference to
its guidance on the demonstration of equivalence (to be published). Where Member States have been using interim
factors to approximate equivalence,
the latter shall be confirmed and/or amended with reference to the
Commission's guidance.

4. Member States should ensure that whenever appropriate, the correction is also applied retroactively to past

measurement data in order to achieve better data comparability.

C. Standardisation

For gaseous pollutants the volume must be standardised at a temperature of 293 K and an atmospheric pressure of
101,3 kPa. For particulate matter and substances to be analysed in particulate matter (e.g. lead) the sampling volume
refers to ambient conditions in terms of temperature and atmospheric pressure at the date of measurements.

D. Introduction of new equipment

All new equipment purchased for implementation of this Directive must comply with the reference method or equiva-
lent by … (*).

All equipment used in fixed measurements must comply with the reference method or equivalent by … (**).

E. Mutual recognition of data

In carrying out the type approval to demonstrate that equipment meets the performance requirements of the reference
methods listed in Section A, competent authorities and bodies designated pursuant to Article 3 shall accept test
reports issued in other Member States by laboratories accredited to EN ISO 17025 for carrying out such testing.

(*) Two years after the date of entry into force of this Directive.
(**) Five years after the date of entry into force of this Directive.

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ANNEX VII

Ozone target values and long-term objectives

A. Definitions and criteria

1. Definitions

AOT40 (expressed in (µg/m3) × hours) means the sum of the difference between hourly concentrations greater than
80 µg/m3 (= 40 parts per billion) and 80 µg/m3 over a given period using only the 1-hour values measured
between 8.00 and 20.00 Central European Time (CET) each day.

2. Criteria

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

Parameter

Required proportion of valid data

1 hour values

75 % (i.e. 45 minutes)

8 hours values

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

Maximum daily 8 hours mean from
hourly running 8 hours

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

AOT40

Annual mean

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

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

exceedances
Number
maximum values per month

of

and

90 % of the daily maximum 8 hours mean values (27 available daily values
per month)

90 % of the 1 hour values between 8.00 and 20.00 CET

of
Number
maximum values per year

exceedances

and

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

(1)

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

AOT40estimate ¼ AOT40measured ×

total possible number of hours ð*Þ
number of measured hourly values

(*) being the number of hours within the time period of AOT40 definition, (i.e. 8.00 to 20.00 CET from 1 May to 31 July

each year, for vegetation protection and from 1 April to 30 September each year for forest protection).

B. Target values

Objective

Averaging period

Target value

Protection of human
health

Maximum daily 8-hour mean (2)

120 µg/m3 not to be exceeded on
more than 25 days per calendar
year averaged over three years (3)

Date by which
target value
should be
met (1)

1.1.2010

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Objective

Averaging period

Target value

Date by which
target value
should be
met (1)

Protection of vegetation May to July

AOT40 (calculated from 1 h values)

1.1.2010

18 000 µg/m3 × h averaged over
five years (3)

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

calculating compliance over the following 3 or 5 years, as appropriate.

(2) The maximum daily 8-hour mean concentration shall be selected by examining 8-hour running averages, calculated from hourly
data and updated each hour. Each 8-hour average so calculated shall be assigned to the day on which it ends. i.e. the first calcula-
tion period for any one day will be the period from 17.00 on the previous day to 1.00 on that day; the last calculation period for
any one day will be the period from 16.00 to 24.00 on the day.
If the three or five year averages cannot be determined on the basis of a full and consecutive set of annual data, the minimum
annual data required for checking compliance with the target values will be as follows:
— for the target value for the protection of human health: valid data for one year,
— for the target value for the protection of vegetation: valid data for three years.

(3)

C. Long-term objectives

Objective

Averaging period

Long-term objective

Protection of human
health

Maximum daily 8-hour mean within
a calendar year

120 µg/m3

Date by which the
long-term objective
should be met

not defined

Protection of vegetation May to July

AOT40,
1 h values)

(calculated from

not defined

6 000 µg/m3 × h

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Criteria for classifying and locating sampling points for assessments of ozone concentrations

ANNEX VIII

The following apply to fixed measurements:

A. Macroscale siting

Type of station

Objectives of measurement

Representativeness (1)

Macroscale siting criteria

Urban

Protection of human health:

A few km2

to assess the exposure of the urban popula-
tion to ozone, i.e. where population density
and ozone concentration are relatively high
and representative of
the
general population

the exposure of

Suburban

Protection of human health and vegetation:

Some tens of km2

to assess the exposure of the population and
the
vegetation located in the outskirts of
agglomeration, where the highest ozone
levels, to which the population and vegeta-
tion are likely to be directly or indirectly
exposed occur

Rural

Protection of human health and vegetation:

to assess the exposure of population, crops
and natural ecosystems to sub-regional scale
ozone concentrations

Sub-regional levels
(a few km2)

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

vented locations where well mixed levels can
be measured;

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

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

where population, sensitive crops or natural
ecosystems located in the outer fringe of an
agglomeration are exposed to high ozone
levels;

where appropriate, some suburban stations
also upwind of the area of maximum emis-
sions, in order to determine the regional back-
ground levels of ozone

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

representative for ozone away from the influ-
ence of
immediate local emissions such as
industrial installations and roads;

at open area sites, but not on summits of
higher mountains

Rural background

Protection of vegetation and human health:

to assess the exposure of crops and natural
ecosystems to regional-scale ozone concen-
the
as
trations
population

exposure of

as well

Regional/national/continental
levels
(1 000 to 10 000 km2)

Station located in areas with lower population
density, e.g. with natural ecosystems, forests,
at a distance of at least 20 km from urban
and industrial areas and away from local
emissions;

avoid locations which are subject to locally
enhanced formation of ground-near inversion
conditions,
higher
mountains;

summits

also

of

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

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

For rural and rural background stations the location shall, where appropriate, be coordinated with the monitoring
requirements of Commission Regulation (EC) No 1737/2006 of 7 November 2006 laying down detailed rules for the
implementation of Regulation (EC) No 2152/2003 of the European Parliament and of the Council concerning moni-
toring of forests and environmental interactions in the Community (1).

(1) OJ L 334, 30.11.2006, p. 1.

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B. Microscale siting

In so far as is practicable the procedure on microscale siting in Section C of Annex III shall be followed, ensuring also
that the inlet probe is positioned well away from such sources as furnaces and incineration flues and more than 10 m
from the nearest road, with distance increasing as a function of traffic intensity.

C. Documentation and review of site selection

The procedures in Section D of Annex III shall be followed, applying proper screening and interpretation of the moni-
toring data in the context of the meteorological and photochemical processes affecting the ozone concentrations
measured at the respective sites.

ANNEX IX

Criteria for determining the minimum number of sampling points for fixed measurement of concentrations of
ozone

A. Minimum number of sampling points for fixed continuous measurements to assess compliance with target values,
thresholds where such measurements are the sole source of

long-term objectives and information and alert
information

Population
(× 1 000)

Agglomerations
(urban and suburban) (1)

Other zones

(suburban and rural)

(1)

Rural background

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

< 250

< 500

< 1 000

< 1 500

< 2 000

< 2 750

< 3 750

> 3 750

1

2

3

3

4

5

1

2

2

3

4

5

6

1 additional station per 2 million
inhabitants

1 additional station per 2 million
inhabitants

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

50 % of the stations shall be located in suburban areas.

(2) 1 station per 25 000 km2 for complex terrain is recommended.

B. Minimum number of sampling points for fixed measurements for zones and agglomerations attaining the long-term

objectives

The number of sampling points for ozone shall, in combination with other means of supplementary assessment such
as air quality modelling and collocated nitrogen dioxide measurements, be sufficient to examine the trend of ozone
pollution and check compliance with the long-term objectives. The number of stations located in agglomerations and
other zones may be reduced to one-third of the number specified in Section A. Where information from fixed
measurement stations is the sole source of information, at least one monitoring station shall be kept. If, in zones
where there is supplementary assessment, the result of this is that a zone has no remaining station, coordination
with the number of stations in neighbouring zones shall ensure adequate assessment of ozone concentrations against
long-term objectives. The number of rural background stations shall be 1 per 100 000 km2.

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ANNEX X

Measurements of ozone precursor substances

A. Objectives

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

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

B. Substances

Measurement of ozone precursor substances shall include at least nitrogen oxides (NO and NO2), and appropriate vola-
tile organic compounds (VOC). A list of volatile organic compounds recommended for measurement is given below:

1-Butene

Isoprene

Ethyl benzene

Ethane

Ethylene

Trans-2-Butene

n-Hexane

m+p-Xylene

cis-2-Butene

i-Hexane

o-Xylene

Acetylene

1,3-Butadiene

n-Heptane

1,2,4-Trimethylebenzene

Propane

Propene

n-Butane

i-Butane

C. Siting

n-Pentane

i-Pentane

1-Pentene

2-Pentene

n-Octane

1,2,3-Trimethylebenzene

i-Octane

Benzene

Toluene

1,3,5-Trimethylebenzene

Formaldehyde

Total non-methane hydrocarbons

Measurements shall be taken in particular in urban or suburban areas at any monitoring site set up in accordance with
the requirements of this Directive and considered appropriate with regard to the monitoring objectives referred to in
Section A.

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ANNEX XI

Limit values for the protection of human health

A. Criteria

Without prejudice to Annex I, the following criteria shall be used for checking validity when aggregating data and
calculating statistical parameters:

Parameter

Required proportion of valid data

1 hour values

75 % (i.e. 45 minutes)

8 hours values

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

Maximum daily 8-hour mean

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

24-hour values

75 % of the hourly averages (i.e. at least 18 hour values)

Annual mean

90 % (1) of the 1-hour values or (if not available) 24-hour values over the year

(1) The requirement for the calculation of annual mean do not include losses of data due to the regular calibration or the normal

maintenance of the instrumentation.

B. Limit values

Averaging Period

Limit value

Margin of tolerance

Date by which limit value
is to be met

Sulphur dioxide

1 hour

1 day

Nitrogen dioxide

1 hour

not

µg/m3,

350
be
exceeded more than 24 times
a calendar year

to

not

µg/m3,

125
be
exceeded more than 3 times
a calendar year

to

not

µg/m3,

200
be
exceeded more than 18 times
a calendar year

to

Calendar year

40 µg/m3

Benzene

Calendar year

5 µg/m3

150 µg/m3 (43 %)

None

(1)

(1)

1 January 2010

1 January 2010

1 January 2010

1

50 % on 19 July 1999,
decreasing
January
on
2001 and every 12 months
thereafter by equal annual
percentages to reach 0 % by
1 January 2010

1

50 % on 19 July 1999,
decreasing
January
on
2001 and every 12 months
thereafter by equal annual
percentages to reach 0 % by
1 January 2010

µg/m3

(100 %)

on
5
2000,
December
13
decreasing
January
on
2006 and every 12 months
thereafter by 1 µg/m3
to
reach 0 % by 1 January 2010

1

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Averaging Period

Limit value

Margin of tolerance

Date by which limit value
is to be met

Carbon monoxide

daily

8-hour

10 mg/m3

60 %

max.
mean (2)

Lead

Calendar year

0,5 µg/m3

100 %

PM10

1 day

50 µg/m3, not to be exceeded
more
a
than
calendar year

times

35

Calendar year

40 µg/m3

50 %

20 %

(1)

(3)

(1)

(1)

(1) Already in force since 1 January 2005
(2) The maximum daily 8-hour mean concentration will be selected by examining 8-hour running averages, calculated from hourly
data and updated each hour. Each 8-hour average so calculated will be assigned to the day on which it ends i.e. the first calculation
period for any one day will be the period from 17.00 on the previous day to 1.00 on that day; the last calculation period for any
one day will be the period from 16.00 to 24.00 on that day.

(3) Already in force since 1 January 2005. Limit value to be met only by 1 January 2010 in the immediate vicinity of the specific
industrial sources situated on sites contaminated by decades of industrial activities. In such cases, the limit value until 1 January
2010 will be 1,0 µg/m3. The area in which higher limit values apply must not extend further than 1 000 m from such specific
sources.

ANNEX XII

Information and alert thresholds

A. Alert thresholds for pollutants other than ozone

To be measured over three consecutive hours at locations representative of air quality over at least 100 km2 or an
entire zone or agglomeration, whichever is the smaller.

Pollutant

Sulphur dioxide

Nitrogen dioxide

B.

Information and alert thresholds for ozone

Purpose

Averaging period

Information

Alert

1 hour

1 hour (1)

Alert threshold

500 µg/m3

400 µg/m3

Threshold

180 µg/m3

240 µg/m3

(1) For the implementation of Article 24, the exceedance of the threshold is to be measured or predicted for three consecutive hours.

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ANNEX XIII

Critical levels for the protection of vegetation

Averaging period

Critical Level

Margin of tolerance

Sulphur dioxide

Calendar year and winter (1 October to 31 March)

20 µg/m3

Oxides of nitrogen

Calendar year

30 µg/m3 NOx

None

None

ANNEX XIV

National exposure reduction target, target value and limit value for PM2,5

A. Average exposure indicator

The Average Exposure Indicator expressed in µg/m3 (AEI) shall be based upon measurements in urban background
locations in zones and agglomerations throughout the territory of a Member State. It should be assessed as a
3-calendar year running annual mean concentration averaged over all sampling points established pursuant to
Section B of Annex V. The AEI for the reference year 2010 shall be the mean concentration of the years 2008, 2009
and 2010.

However, Member States may use the mean concentration of the years 2009 and 2010 or the mean concentration of
the years 2009, 2010 and 2011 if, for technical or economic reasons, they are not able to establish the necessary
monitoring stations by 1 January 2008. Member States making use of these possibilities shall communicate their deci-
sions to the Commission before 1 January 2008.

The AEI for the year 2020 shall be the 3-year running mean concentration averaged over all sampling points for the
years 2018, 2019 and 2020. The AEI is used for the examination whether the national exposure reduction target is
met.

B. National exposure reduction target

AEI in 2010

Exposure Reduction Target relative to 2010

Year by which the national exposure
reduction target should be met

Above 13 µg/m3

20 percent

2020

7-13 µg/m3

(AEI × 1,5) percent

Where the AEI in the reference year is 7 µg/m3 or less the exposure reduction target shall be zero. The reduction
target shall be zero also in cases where the AEI reaches the level of 7 µg/m3 at any point of time during the period
from 2010 to 2020 and is maintained at or below that level.

C. Target value

Averaging Period

Target value

Date by which target value should be met

Calendar year

25 µg/m3

1 January 2010

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D. Limit value

Averaging period

Limit Value

Margin of tolerance

Calendar year

25 µg/m3

20 % on … (*), decreasing on the next
1 January and every 12 months thereafter
by equal annual percentages to reach 0 %
by 1 January 2015

(*) The date of entry into force of this Directive.

Date by which limit
value is to be met

1 January 2015

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Information to be included in the local, regional or national air quality plans for improvement in ambient air
quality

ANNEX XV

A.

Information to be provided under Article 23 (air quality plans)

1.

Localisation of excess pollution

(a) region;

(b) city (map);

(c) measuring station (map, geographical coordinates).

2. General information:

(a)

type of zone (city, industrial or rural area);

(b) estimate of the polluted area (km2) and of the population exposed to the pollution;

(c) useful climatic data;

(d) relevant data on topography;

(e) sufficient information on the type of targets requiring protection in the zone.

3. Responsible authorities

Names and addresses of persons responsible for the development and implementation of improvement plans.

4. Nature and assessment of pollution:

(a) concentrations observed over previous years (before the implementation of the improvement measures);

(b) concentrations measured since the beginning of the project;

(c)

techniques used for the assessment.

5. Origin of pollution

(a)

list of the main emission sources responsible for pollution (map);

(b) total quantity of emissions from these sources (tonnes/year);

(c)

information on pollution imported from other regions.

6. Analysis of the situation

(a) details of those factors responsible for the exceedance (e.g. transport,

including cross-border transport,

formation of secondary pollutants in the atmosphere);

(b) details of possible measures for the improvement of air quality.

7. Details of those measures or projects for improvement which existed prior to … (*), i.e.:

(a)

local, regional, national, international measures;

(b) observed effects of these measures.

8. Details of those measures or projects adopted with a view to reducing pollution following the entry into force

of this Directive:

(a)

listing and description of all the measures set out in the project;

(b) timetable for implementation;

(c) estimate of the improvement of air quality planned and of the expected time required to attain these

objectives.

9. Details of the measures or projects planned or being researched for the long term.

10. List of the publications, documents, work, etc., used to supplement information required under this Annex.

(*) Date of entry into force of this Directive.

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B.

Information to be provided under Article 22(1)

1. All information as laid down in Section A.

2. Information concerning the status of implementation of the following Directives:

(1) Council Directive 70/220/EEC of 20 March 1970 on the approximation of the laws of the Member States

on measures to be taken against air pollution by emissions from motor vehicles (1);

(2) Directive 94/63/EC of the European Parliament and of the Council of 20 December 1994 on the control of
volatile organic compound (VOC) emissions resulting from the storage of petrol and its distribution from
terminals to service stations (2);

(3) Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and

control (3);

(4) Directive 97/68/EC of the European Parliament and of the Council of 16 December 1997 on the approxi-
mation of the laws of the Member States relating to measures against the emission of gaseous and particu-
late pollutants from internal combustion engines to be installed in non-road mobile machinery as
amended (4);

(5) Directive 98/70/EC of the European Parliament and of the Council of 13 October 1998 relating to the

quality of petrol and diesel fuels (5);

(6) Council Directive 1999/13/EC of 11 March 1999 on the limitation of emissions of volatile organic

compounds due to the use of organic solvents in certain activities and installations (6);

(7) Council Directive 1999/32/EC of 26 April 1999 relating to a reduction in the sulphur content of certain

liquid fuels (7);

(8) Directive 2000/76/EC of the European Parliament and of the Council of 4 December 2000 on the incinera-

tion of waste (8);

(9) Directive 2001/80/EC of the European Parliament and of the Council of 23 October 2001 on the limitation

of emissions of certain pollutants into the air from large combustion plants;

(10) Directive 2001/81/EC of the European Parliament and of the Council of 23 October 2001 on national

emission ceilings for certain atmospheric pollutants;

(11) Directive 2004/42/EC of the European Parliament and of the Council of 21 April 2004 on the limitation of
emissions of volatile organic compounds due to the use of organic solvents in certain paints and varnishes
and vehicle refinishing products (9);

(12) Directive 2005/33/EC of the European Parliament and of the Council of 6 July 2005 amending Direc-

tive 1999/32/EC as regards the sulphur content of marine fuels (10);

(13) Directive 2005/55/EC of the European Parliament and of the Council of 28 September 2005 on the approx-
imation of the laws of the Member States relating to the measures to be taken against the emission of
gaseous and particulate pollutants from compression-ignition engines for use in vehicles, and the emission
of gaseous pollutants from positive-ignition engines fuelled with natural gas or liquefied petroleum gas for
use in vehicles (11);

(14) Directive 2006/32/EC of the European Parliament and of the Council of 5 April 2006 on energy end-use

efficiency and energy services (12).

(1) OJ L 76, 6.4.1970, p. 1. Directive as last amended by Commission Directive 2003/76/EC (OJ L 206, 15.8.2003, p. 29).
(2) OJ L 365, 31.12.1994, p. 24. Directive as amended by Regulation (EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1).
(3) OJ L 257, 10.10.1996, p. 26. Directive as last amended by Regulation (EC) No 166/2006 of the European Parliament and of the Council

(OJ L 33, 4.2.2006, p. 1).

(4) OJ L 59, 27.2.1998, p. 1. Directive as last amended by Directive 2006/105/EC.
(5) OJ L 350, 28.12.1998, p. 58. Directive as amended by Regulation (EC) No 1882/2003.
(6) OJ L 85, 29.3.1999, p. 1. Directive as last amended by Directive 2004/42/EC of the European Parliament and of the Council (OJ L 143,

30.4.2004, p. 87).

(7) OJ L 121, 11.5.1999, p. 13. Directive as last amended by Directive 2005/33/EC of the European Parliament and of the Council (OJ L 191,

22.7.2005, p. 59).

(8) OJ L 332 , 28.12.2000, p. 91.
(9) OJ L 143, 30.4.2004, p. 87.
(10) OJ L 191, 22.7.2005, p. 59.
(11) OJ L 275, 20.10.2005, p. 1. Directive as last amended by Commission Directive 2006/51/EC (OJ L 152, 7.6.2006, p. 11).
(12) OJ L 114, 27.4.2006, p. 64.

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3. Information on all air pollution abatement measures that have been considered at appropriate local, regional or

national level for implementation in connection with the attainment of air quality objectives, including:

(a) reduction of emissions from stationary sources by ensuring that polluting small and medium sized stationary

combustion sources (including for biomass) are fitted with emission control equipment or replaced;

(b) reduction of emissions from vehicles through retrofitting with emission control equipment. The use of

economic incentives to accelerate take-up should be considered;

(c) procurement by public authorities, in line with the handbook on environmental public procurement, of road

vehicles, fuels and combustion equipment to reduce emissions, including the purchase of:

— new vehicles, including low emission vehicles,

— cleaner vehicle transport services,

— low emission stationary combustion sources,

— low emission fuels for stationary and mobile sources;

(d) measures to limit transport emissions through traffic planning and management (including congestion

pricing, differentiated parking fees or other economic incentives; establishing ‘low emission zones’);

(e) measures to encourage a shift of transport towards less polluting modes;

(f) ensuring that low emission fuels are used in small, medium and large scale stationary sources and in mobile

sources;

(g) measures to reduce air pollution through the permit system under Directive 96/61/EC, the national plans
under Directive 2001/80/EC, and through the use of economic instruments such as taxes, charges or emission
trading.

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ANNEX XVI

Public information

1. Member States shall ensure that up-to-date information on ambient concentrations of the pollutants covered by this

Directive is routinely made available to the public.

2. Ambient concentrations provided shall be presented as average values according to the appropriate averaging period as
laid down in Annex VII and Annexes XI to XIV. The information shall at least indicate any levels exceeding air quality
objectives including limit values, target values, alert thresholds, information thresholds or long term objectives of the
regulated pollutant. It shall also provide a short assessment in relation to the air quality objectives and appropriate
information regarding effects on health, or, where appropriate, vegetation.

3. Information on ambient concentrations of sulphur dioxide, nitrogen dioxide, particulate matter (at least PM10), ozone
and carbon monoxide shall be updated on at least a daily basis, and, wherever practicable,
information shall be
updated on an hourly basis. Information on ambient concentrations of lead and benzene, presented as an average
value for the last 12 months, shall be updated on a three-monthly basis, and on a monthly basis, wherever practicable.

4. Member States shall ensure that timely information about actual or predicted exceedances of alert thresholds, and any

information threshold is provided to the public. Details supplied shall include at least the following information:

(a) information on observed exceedance(s):

— location or area of the exceedance,

— type of threshold exceeded (information or alert),

— start time and duration of the exceedance,

— highest 1-hour concentration and in addition highest 8-hour mean concentration in the case of ozone;

(b) forecast for the following afternoon/day(s):

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

— expected changes in pollution (improvement, stabilisation or deterioration), together with the reasons for those

changes;

(c) information on the type of population concerned, possible health effects and recommended behaviour:

— information on population groups at risk,

— description of likely symptoms,

— recommended precautions to be taken by the population concerned,

— where to find further information;

(d) information on preventive action to reduce pollution and/or exposure to it: indication of main source sectors;

recommendations for action to reduce emissions;

(e) in the case of predicted exceedances, Member State shall take steps to ensure that such details are supplied to the

extent practicable.

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ANNEX XVII

Correlation table

This Directive

Directive 96/62/EC

Directive 1999/30/EC

Directive 2000/69/EC

Directive 2002/3/EC

Article 1

Article 1

Article 1

Article 1

Article 1

Article 2(13) and
(14)

Article 2(a) and (b)

—

Article 2(1) to (5)

Article 2(1) to (5)

Article 2(6) and (7)

—

—

—

Article 2(8)

Article 2(8)

Article 2(7)

Article 2(9)

Article 2(6)

—

Article 2(10)

Article 2(7)

Article 2(6)

Article 2(11)

Article 2(12) and (13)

Article 2(14)

—

—

—

Article 2(15) and (16)

Article 2(9) and (10)

Article 2(8) and (9)

Article 2(17) and (18)

Article 2(19), (20) and
(21)

Article 2(22)

—

—

—

Article 2(11) and
(12)

—

Article 2(10)

Article 2(23) and (24)

Article 6(5)

Article 2(25)

Article 3, with the
exception of
paragraph (1)(f)

Article 3

—

—

Article 3(1)(f)

Article 4

Article 2(9) and (10),
Article 6(1)

—

—

—

—

—

—

—

—

—

—

—

—

—

—

—

—

Article 2(9)

Article 2(11)

Article 2(12)

—

—

—

—

—

—

—

—

—

—

Article 2(10)

Article 2(7) and (8)

—

—

—

—

Article 2(13)

—

—

—

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This Directive

Directive 96/62/EC

Directive 1999/30/EC

Directive 2000/69/EC

Directive 2002/3/EC

Article 5

—

Article 7(1)

Article 5(1)

Article 6 (1) to (4)

Article 6 (1) to (4)

Article 6 (5)

Article 7

Article 8

Article 9

Article 10

Article 11(1)

Article 11(2)

Article 12

Article 9

Article 13(1)

Article 13(2)

Article 13(3)

Article 14

—

—

—

—

—

—

—

—

—

—

—

—

—

—

—

—

—

—

Article 7 (2) and (3)
with amendments

Article 5(2) and (3)
with amendments

Article 7(5)

Article 5(5)

—

—

—

—

—

—

—

—

—

—

—

Articles 3(1), 4(1),
5(1) and 6

Articles 3(1) and 4

Articles 3(2) and 4(2)

Article 5(5)

Articles 3(1) and 4(1)
with amendments

—

—

—

Article 9(1) first and
second subparagraphs

Article 9(1) to (3) with
amendments

Article 9(4)

—

—

—

—

—

—

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This Directive

Directive 96/62/EC

Directive 1999/30/EC

Directive 2000/69/EC

Directive 2002/3/EC

Article 15

Article 16

Article 17(1)

Article 17(2)

Article 17(3)

Article 18

Article 19

Article 20

Article 21

Article 22

Article 23

—

—

—

—

—

—

—

—

—

—

—

—

Article 10 with
amendments

Article 8(3)

—

—

—

Article 8(1) to (4)
with amendments

Articles 3(4) and 5(4)
with amendments

—

—

—

—

—

—

—

—

—

—

—

—

—

—

—

—

—

—

—

—

Articles 3(1) and 4(1)

Article 3(2) and (3)

Article 4(2)

Article 5

Article 6 with
amendments

—

—

—

—

Article 7 with
amendments

Article 8 with
amendments

Article 24

Article 7(3) with
amendments

Article 25

Article 8(5) with
amendments

Article 26

—

Article 8 with
amendments

Article 7 with
amendments

Article 6 with
amendments

Article 27

Article 11 with
amendments

Article 5(2) second
subparagraph

Article 28(1)

Article 12(1) with
amendments

Article 28(2)

Article 11 with
amendments

—

—

—

—

—

Article 10 with
amendments

—

—

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This Directive

Directive 96/62/EC

Directive 1999/30/EC

Directive 2000/69/EC

Directive 2002/3/EC

Article 28(3)

Article 28(4)

Article 29

Article 30

Article 31

Article 32

Article 33

Article 34

Article 35

Annex I

Annex II

Annex III

Annex IV

Annex V

Annex VI

Annex VII

Annex VIII

Annex IX

Annex X

Annex XI

Annex XII

Annex XIII

Annex XIV

Annex XV
Section A

Annex XV
Section B

Annex XVI

—

—

—

Annex IX with
amendments

Article 12(2)

—

Article 11

Article 9

Annex VI

Annex IV

—

—

—

—

—

—

—

Article 10

Article 11

Article 12

Annex VI

Annex III

Annex V

Article 14

Article 15

Article 17

Article 18

Annex VII

—

—

—

—

—

—

—

—

Annex VII

Annex VIII

—

—

—

—

Annex I, Annex III
Section II

Annex IV

Annex V

Annex VI

Annex I, Annex II

—

—

—

—

—

—

Annex II, Section I

—

—

—

—

—

—

Article 12

Article 13

Article 14

Annex VIII with
amendments

Annex V with
amendments

Annex VII with
amendments

Annex IX with
amendments

—

—

—

—

Annex I, Section I,
Annex II, Section I
and Annex III (with
amendments);
Annex IV
(unchanged)

Annex I, Section II,
Annex II, Section II,

Annex I, Section I,
Annex II, Section I

—

—

—

Article 8

Article 7

Article 6 with
amendments

—

—

—

Article 13

Article 14

Article 15

—

—

—

—

—

—

—

—

—

—

—

—

—

—

—

—

Annex IV

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STATEMENT OF THE COUNCIL'S REASONS

I.

INTRODUCTION

1. On 21 September 2005, the Commission (1) presented to the Council its proposal for a Directive on

ambient air quality and cleaner air for Europe.

2. The European Parliament (2) gave its Opinion on 26 September 2006.

The European Economic and Social Committee (3) adopted its Opinion on 17 May 2006.

The Committee of the Regions (4) delivered its Opinion on 26 April 2006.

3. On 25 June 2007, the Council adopted its common position.

II. OBJECTIVE

The purpose of the proposal is to consolidate existing ambient air quality legislation into a single direc-
tive. Furthermore, the proposal has some new elements:

— introduction of provisions on fine particles (PM2,5) in order to integrate the latest health and scientific

developments,

— possibility for time limited derogations from the existing and future limit values taking effect as from
1 January 2005 and 1 January 2010 respectively. Such derogations may only be granted under strict
conditions and the Member States are required to establish special air quality plans and to take
appropriate measures in order to ensure compliance.

III. ANALYSIS OF THE COMMON POSITION

1. General

Almost half of the 59 European Parliament's first-reading amendments, were incorporated into the
Council's common position either verbatim, in part or in spirit. The remaining amendments were
considered unnecessary and/or undesirable by the Council.

In particular, the common position presents the following major changes of substance:

— a non-binding target value for PM2,5 in 2010 to be replaced by a binding limit value in 2015

(25 µg/m3 for both target value and limit value),

— the possibility to postpone attainment of the limit value for PM10 until three years after entry into

force of this Directive,

— the possibility to postpone the deadlines for nitrogen dioxide (NO2) and benzene by a maximum

of five years (until 1 January 2015),

— the principle that limit values should apply everywhere, but in certain locations compliance with

limit values should not be assessed.

The following sections describe the changes of substance and the Council's reaction to the European
Parliament's amendments.

2. Assessment of air quality (Articles 5 to 11)

The common position is not consistent with amendments 16 and 17. The Council believes that
modelling techniques should not be compulsory but an option for Member States, taking in principle
amendments 2, 3 and 6.. It also believes that daily measurements should not be mandatory where
there are no daily limit values, as proposed in amendments 18 and 20.

The common position is not consistent with amendment 22 since the Council believes that, in prac-
tice, it will be very difficult to guarantee that Commission and Member States will be able to ensure
the uniform application of the criteria for selecting sampling points.

(1) Doc. 14335/05 — COM(2005) 447 final.
(2) Not yet published in the OJ.
(3) OJ C 195, 18.8.2006, p. 84-87.
(4) OJ C 206, 29.8.2006, p. 1-4.

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3. Air quality management (Articles 12 to 22, Annexes III and XIV)

In its Articles 15 and 16, the common position establishes a two stage approach for the regulation
of fine particles (PM2,5), taking on board, fully or partly, amendments 13, 27, 31, 40 and 48. Amend-
ment 29 was accepted in principle and a clear legal distinction between the target value and the limit
value for PM2,5 was introduced in the common position. The Council cannot accept amendment 50:
Annex XIV of the common position establishes the value of 25 µg/m3 for both target value and limit
value for fine particles.

Article 15 was modified and is now referring to a national PM2,5 exposure reduction target for the
protection of human health. The calculation of the national exposure reduction target was revised in
order to ensure differentiation among Member States, taking into consideration their concentration
levels. Amendment 49 was taken in principle.

In its Article 21, the common position gives to Member States the possibility for subtracting excee-
dances attributable to winter-sanding or -salting of roads, being consistent with amendment 26.
However, amendment 25 is in contradiction with the purpose of this article because it would elimi-
nate the possibility of using the derogation: PM2,5 levels are affected by road-sanding to some extent
in all cases. The common position is not consistent with amendments 24 and 60 since Section A of
Annex III was redrafted maintaining the principle that limit values apply everywhere.

Amendment 81 is not acceptable for the Council that envisages, in the common position, the possi-
bility to postpone the attainment of the limit value for PM10 until three years after the entry into
force of the air quality directive. For nitrogen dioxide and benzene, the deadlines can be postponed
by a maximum of five years. Moreover, the European Parliament proposes in this amendment that
the relevant conditions to assess the need for the postponement of deadlines take into consideration
the adoption of additional Community measures to help Member States to meet the relevant target
and limit values. The Council believes that it is very difficult to demonstrate the link between the
non entry into force of the Community measures aiming at reducing emissions and the non attain-
ment of the target and limit values. For the same reason, amendments 83 and 84 are not acceptable.

Amendment 66 is not appropriate for a recital.

4. Air Quality Plans (Articles 23 to 25)

Amendment 32 was not taken on board. Measures pursuant to Article 24 can already be included in
the air quality plans. Proposals concerning industrial installations and application of best available
techniques could not be accepted. The Council concluded that the application of the best available
techniques in IPPC installations may not be enough in all cases. Therefore, amendments 10 and 33
would require changes to some provisions (namely Article 10) of the IPPC Directive.

Concerning amendments 35 and 36, the Council decided that Member States should draw up
short-term action plans when there is a risk that one or more of the alert thresholds will be
exceeded. For ozone, the obligation is linked to the actual potential to reduce the risk, duration or
severity of such an exceedance. Member States may, on a voluntary basis, draw up short-term action
plans if the limit values or target values are exceeded.

5. Information and reporting (Articles 26 to 28)

The Council believes that if the relevant information is made available to the public, it is not neces-
sary to specify the industrial federations as proposed in European Parliament's amendments 37
and 39.

The common position,
includes the Commission's obligation to
publish examples of best practices for the drawing of short-term action plans, two years after the
entry into force of the directive. Amendment 38 was taken in part and principle.

in its Article 24, paragraph 4,

6. Final provisions (Articles 29 to 35)

The common position is consistent with amendment 41. The Council also believes that
Commission should not be notified of the penalties for infringements of domestic provisions.

the

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Article 32 is consistent with amendment 42. The review clause was broadened and modified in order
to include the possibility to introduce a legally binding exposure reduction obligation for PM2,5 and
to review the provisions of other pollutants, as appropriate. In Article 33 of the common position,
the Council proposes that Member States bring into force all the necessary provisions to comply with
the air quality directive by 24 months — not 12 months as suggested by the European Parliament in
amendment 44 — after its entry into force. Amendment 64 is not acceptable.

7. Other

— In recital 2, the common position takes on board part of amendment 1 referring to the emission
of pollutants at source. In what concerns the second part related to the establishment of emission
rules, the Council considers that it is not directly related to the enacting terms of this Directive.
For the same reason, the common position is not consistent with the second part of amend-
ment 7.

— The common position includes, in Article 2, a definition on contributions from natural sources,

consistent with amendment 14.

— Articles 12 and 18 of the common position are already taking on board the idea of compatibility

with sustainable development, consistent with amendments 4, 9 and 65.

— Amendment 82 is not acceptable for the Council since Member States have decided not to

reopen the existing limit values.

— The Council reduced the monitoring requirements by optimising total PM assessment (PM10 and
PM2,5) in Annex V of the common position. Amendment 45 was taken in part and in principle.
— Amendment 51 was not taken on board because the inclusion of specific financial resources
aiming at meeting air quality standards in the information to be provided with the air quality
plans is a measure difficult to implement.

— Amendment 52 was not taken on board. The Council has chosen a lighter system of reporting,

emphasizing appropriate local, regional and national levels.

— Amendments 61, 62 and 63 were taken in principle, since the common position is already

aligned with the provisions of the new comitology procedure with scrutiny.

IV. CONCLUSION

The Council believes that the common position represents a balanced package that would provide for a
strong improvement of air quality in Europe and for sufficient flexibility for Member States that, despite
their efforts, cannot meet the air quality standards. It looks forward to constructive discussions with the
European Parliament with a view to the adoption of this Directive, as soon as possible.