Directive 2008/50/EC of the European Parliament and of the Council of 21 May 2008 on ambient air quality and cleaner air for Europe
Date: 2008-05-21
Institutions: Council of the European Union, European Parliament
Subjects: EU environmental policy, air quality, environmental cooperation, environmental impact, pollution control, prevention of pollution

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I

(Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory)

DIRECTIVES

DIRECTIVE 2008/50/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 21 May 2008

on ambient air quality and cleaner air for Europe

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EURO-
PEAN UNION,

(2)

Having regard to the Treaty establishing the European Commu-
nity, and in particular Article 175 thereof,

Having regard to the proposal from the Commission,

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
most effective emission reduction measures at
local,
national and Community level. Therefore, emissions of
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.

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

(3)

Having regard to the opinion of the Committee of the Regions (2),

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

Whereas:

(1)

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 pro-
vide information to the public.

(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
(OJ C 306 E, 15.12.2006, p. 102), Council Common Position of
25 June 2007 (OJ C 236 E, 6.11.2007, p. 1) and Position of the Euro-
pean Parliament of 11 December 2007. Council Decision of 14 April
2008.

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

Council Directive 96/62/EC of 27 September 1996 on
ambient air quality assessment and management (5), Coun-
cil 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 limit values
for benzene and carbon monoxide in ambient air (7), Direc-
tive 2002/3/EC of the European Parliament and of the
Council of 12 February 2002 relating to ozone in ambient
air (8) and Council Decision 97/101/EC of 27 January
1997 establishing a reciprocal exchange of information
and data from networks and individual stations measuring
ambient air pollution within the Member States (9) need to
be substantially revised in order to incorporate the latest
health and scientific developments and the experience of
the Member States. In the interests of clarity, simplification
and administrative efficiency it is therefore appropriate
that those five acts be replaced by a single Directive and,
where appropriate, by implementing measures.

(5) OJ L 296, 21.11.1996, p. 55. Directive as amended by Regulation (EC)
No 1882/2003 of the European Parliament and of the Council
(OJ L 284, 31.10.2003, p. 1).

(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).

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(4)

(5)

Once sufficient experience has been gained in relation to
the implementation of Directive 2004/107/EC of the Euro-
pean Parliament and of the Council of 15 December 2004
relating to arsenic, cadmium, mercury, nickel and polycy-
clic aromatic hydrocarbons in ambient air (1) consideration
may be given to the possibility of merging its provisions
with those of this Directive.

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

(12)

(6) Where possible modelling techniques should be applied to
enable point data to be interpreted in terms of geographi-
cal distribution of concentration. This could serve as a basis
for calculating the collective exposure of the population
living in the area.

(7)

(8)

(9)

(10)

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 pro-
gramme for monitoring and evaluation of the long range
transmission of air pollutants in Europe (EMEP) set up
under the 1979 Convention on Long-range Transbound-
ary Air Pollution approved by Council Decision
81/462/EEC of 11 June 1981 (2).

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.

(11)

Fine particulate matter (PM2,5) is responsible for significant
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 regulated
in the same way as other air pollutants. The approach
should aim at a general reduction of concentrations in the
urban background to ensure that large sections of the
population benefit from improved air quality. However, to
ensure a minimum degree of health protection everywhere,
that approach should be combined with a limit value,
which is to be preceded in a first stage by a target value.

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 thresh-
old 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 appropriate, of short-
term measures to reduce ozone levels where the alert
threshold is exceeded.

(13) 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 tar-
gets and emission ceilings provided for in Directive
2001/81/EC and, if appropriate, by implementing air qual-
ity plans as provided for in this Directive.

(14)

(15)

Fixed measurements should be mandatory in zones and
agglomerations where the long-term objectives for ozone
or the assessment thresholds for other pollutants are
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 reduction of the required minimum number of
fixed sampling points.

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 sub-
tracted when assessing compliance with air quality limit
values. Contributions to exceedances of particulate matter
PM10 limit values attributable to winter-sanding or -salting
of roads may also be subtracted when assessing compli-
ance with air quality limit values provided that reasonable
measures have been taken to lower concentrations.

(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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(16)

For zones and agglomerations where conditions are par-
ticularly difficult, it should be possible to postpone the
deadline for compliance with the air quality limit values in
cases where, notwithstanding the implementation of
appropriate pollution abatement measures, acute compli-
ance problems exist in specific zones and agglomerations.
Any postponement for a given zone or agglomeration
should be accompanied by a comprehensive plan to be
assessed by the Commission to ensure compliance by the
revised deadline. The availability of necessary Community
measures reflecting the chosen ambition level in the The-
matic Strategy on air pollution to reduce emissions at
source will be important for an effective emission reduc-
tion by the timeframe established in this Directive for com-
pliance with the limit values and should be taken into
account when assessing requests to postpone deadlines for
compliance.

(17)

The necessary Community measures to reduce emissions
at source, in particular measures to improve the effective-
ness of Community legislation on industrial emissions, to
limit the exhaust emissions of engines installed in heavy
duty vehicles, to further reduce the Member States’ permit-
ted national emissions of key pollutants and the emissions
associated with refuelling of petrol cars at service stations,
and to address the sulphur content of fuels including
marine fuels should be duly examined as a priority by all
institutions involved.

(18) 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 and
programmes prepared pursuant to Directive 2001/80/EC
of the European Parliament and of the Council of 23 Octo-
ber 2001 on the limitation of emissions of certain pollut-
ants into the air from large combustion plants (1), Directive
2001/81/EC, and Directive 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). Full account will also be taken of the ambient air
quality objectives provided for in this Directive, where per-
mits are granted for industrial activities pursuant to Direc-
tive 2008/1/EC of the European Parliament and of the
Council of 15 January 2008 concerning integrated pollu-
tion prevention and control (3).

(19) 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, Mem-
ber States may, where appropriate, draw up 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 (4).

(20) Member States should consult with one another if, follow-
ing significant pollution originating in another Member
State, the level of a pollutant exceeds, or is likely to exceed,
the relevant air quality objectives plus the margin of toler-
ance where applicable or, as the case may be, the alert
threshold. The transboundary nature of specific pollutants,
such as ozone and particulate matter, may require coordi-
nation between neighbouring Member States in drawing
up and implementing air quality plans and short-term
action plans and in informing the public. Where appropri-
ate, Member States should pursue cooperation with third
countries, with particular emphasis on the early involve-
ment of candidate countries.

(21)

It is necessary for the Member States and the Commission
to collect, exchange and disseminate air quality informa-
tion in order to understand better the impacts of air pol-
lution 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.

(22)

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

(23)

(24)

(25)

It is necessary to adapt procedures for data provision,
assessment and reporting of air quality to enable electronic
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 establish-
ing an infrastructure for spatial information in the Euro-
pean Community (INSPIRE) (5).

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 sufficiently
achieved by the Member States by reason of the trans-
boundary nature of air pollutants and can therefore be bet-
ter achieved at Community level, the Community may
adopt measures, in accordance with the principle of sub-
sidiarity as set out in Article 5 of the Treaty. In accordance
with the principle of proportionality, as set out in that
Article, this Directive does not go beyond what is neces-
sary in order to achieve those objectives.

(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 24, 29.1.2008, p. 8.

(4) OJ L 87, 25.3.2004, p. 50.
(5) OJ L 108, 25.4.2007, p. 1.

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

(27)

(28)

(29)

(30)

(31)

(32)

(33)

Certain provisions of the acts repealed by this Directive
should remain in force in order to ensure the continuance
of existing air quality limits for nitrogen dioxide until they
are replaced from 1 January 2010, the continuance of air
quality reporting provisions until new implementing mea-
sures are adopted, and the continuance of obligations relat-
ing 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 represent a
substantive change as compared with the earlier Directives.

In accordance with point 34 of the Interinstitutional Agree-
ment on better lawmaking (1), Member States are encour-
aged 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.

This Directive respects the fundamental rights and observes
the principles recognised in particular by the Charter of
Fundamental Rights of the European Union. In particular,
this Directive seeks to promote the integration into the
policies of the Union of a high level of environmental pro-
tection and the improvement of the quality of the environ-
ment in accordance with the principle 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 the exercise of implementing powers con-
ferred on the Commission (2).

The Commission should be empowered to amend
Annexes I to VI, Annexes VIII to X and Annex XV. Since
those measures are of general scope and are designed to
amend non-essential elements of this Directive, they must
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 measurements are in
place well in time to define the Average Exposure Indica-
tor, in order to guarantee that the requirements 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 Com-
munity 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.

‘ambient air’ shall mean outdoor air in the troposphere,
excluding workplaces as defined by 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;

3.

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

(3) Council Directive 89/654/EEC of 30 November 1989 concerning the
minimum safety and health requirements for the workplace (OJ L 393,
30.12.1989, p. 1). Directive as amended by Directive 2007/30/EC of
the European Parliament and of the Council (OJ L 165, 27.6.2007,
p. 21).

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

16.

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

4.

5.

6.

7.

8.

9.

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

‘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 eco-
systems 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 avoid-
ing, preventing or reducing harmful effects on human health
and/or the environment as a whole, to be attained where pos-
sible 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 population
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 par-
ticularly 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 tech-
niques 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 proportionate
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 activi-
ties, including natural events such as volcanic eruptions, seis-
mic activities, geothermal activities, wild-land fires, high-
wind events, sea sprays or the atmospheric re-suspension or
transport of natural particles from dry regions;

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 popu-
lation density per km2 to be established by the Member
States;

18.

‘PM10’ shall mean particulate matter which passes through a
size-selective inlet as defined in the reference method for the
sampling and measurement of PM10, EN 12341, with a 50 %
efficiency cut-off at 10 µm aerodynamic diameter;

19.

‘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;

20.

‘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 calcu-
late the national exposure reduction target and the exposure
concentration obligation;

21.

‘exposure concentration obligation’ shall mean a level fixed
on the basis of the average exposure indicator with the aim
of reducing harmful effects on human health, to be attained
over a given period;

22.

‘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;

23.

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

24.

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

25.

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

26.

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

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27.

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

28.

‘ozone precursor substances’ means substances which con-
tribute 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 com-
petent authorities and bodies responsible for the following:

(a) assessment of ambient air quality;

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

works and laboratories);

(c)

ensuring the accuracy of measurements;

(d) analysis of assessment methods;

(e)

coordination on their territory if Community-wide quality
assurance programmes
are being organised by the
Commission;

(f)

cooperation with the other Member States and the
Commission.

Where relevant, the competent authorities and bodies shall com-
ply with Section C of Annex I.

Article 4

Establishment of zones and agglomerations

Member States shall establish zones and agglomerations through-
out their territory. Air quality assessment and air quality manage-
ment shall be carried out in all zones and agglomerations.

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

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 rel-
evant, oxides of nitrogen, particulate matter (PM10, PM2,5), lead,
benzene or carbon monoxide.

Article 6

Assessment criteria

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 para-
graphs 2, 3 and 4 of this Article and in accordance with the cri-
teria laid down in Annex III.

In all zones and agglomerations where the level of pollut-
2.
ants 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 mea-
surements may be supplemented by modelling techniques and/or
indicative measurements to provide adequate information on the
spatial distribution of the ambient air quality.

3.
In all zones and agglomerations where the level of pollut-
ants 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 mea-
surements may be used to assess the ambient air quality.

4.
In all zones and agglomerations where the level of pollut-
ants 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 pur-
poses 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;

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

(b) each Member State shall set up at least one measuring sta-
tion 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;

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(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 inform the Commission of the measurement
methods used in the measurement of the chemical composition
of fine particulate matter (PM2,5).

Article 7

Sampling points

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

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 con-
ditions are met:

(a)

(b)

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;

the number of sampling points to be installed and the spatial
resolution of other techniques are sufficient for the concen-
tration of the relevant pollutant to be established in accor-
dance 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.

4.
The application in Member States of the criteria for select-
ing sampling points shall be monitored by the Commission so as
to facilitate the harmonised application of those criteria through-
out the European Union.

Article 8

Reference measurement methods

1. Member States shall apply the reference measurement meth-
ods 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.

2. Where fewer than five years’ data are available, 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 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 ozone

1.
shall be determined using the criteria set out in 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 conditions are met:

(a)

(b)

(c)

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

the number of sampling points to be installed and the spatial
resolution of other techniques are sufficient for the concen-
tration 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 Sec-
tion B of Annex I;

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;

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

and carbon monoxide in ambient air do not exceed the limit val-
ues laid down in Annex XI.

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.

4.
Nitrogen dioxide shall be measured at a minimum of 50 %
of the ozone sampling points required under Section A 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.

5.
In zones and agglomerations where, during each of the pre-
vious 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
the ozone precursor substances listed in
concentrations of
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 mea-
surement 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 monox-
ide 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

their
1. Member States
zones and agglomerations, levels of sulphur dioxide, PM10, lead,

throughout

ensure

shall

that,

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

Compliance with these requirements shall be assessed in accor-
dance 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.
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 lev-
els 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 con-
centrations of the relevant pollutant can be established in accor-
dance 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 entail-
ing 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.

2. Member States shall ensure that the average exposure indi-
cator for the year 2015 established in accordance with Section A
of Annex XIV does not exceed the exposure concentration obli-
gation laid down in Section C of that Annex.

The average exposure indicator for PM2,5 shall be assessed

3.
in accordance with Section A of Annex XIV.

4.
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 sam-
pling points shall be no less than that determined by application
of Section B of Annex V.

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Article 16

Article 19

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

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

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

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.

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

The margin of

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

tolerance laid down in Section E of

Article 17

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

Member States shall also forward to the Commission, on a pro-
visional basis, information concerning the levels recorded and the
duration of the periods during which the alert threshold or infor-
mation 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 concentrations and
sources and the evidence demonstrating that the exceedances are
attributable to natural sources.

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

2. Where the Commission has been informed of an exceed-
ance attributable to natural sources in accordance with para-
graph 1, that exceedance shall not be considered as an exceedance
for the purposes of this Directive.

2.
For zones and agglomerations in which a target value is
exceeded, Member States shall ensure that the programme pre-
pared 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 Sec-
tion B of Annex VII to this Directive.

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 includ-
transboundary nature of ozone pollution and
ing the
meteorological conditions permit, maintain those levels below the
long-term objectives and shall preserve through proportionate
measures the best ambient air quality compatible with sustainable
development and a high level of environmental and human health
protection.

3.
The Commission shall by 11 June 2010 publish guidelines
for 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 values for PM10 are exceeded in ambient air
due to the re-suspension of particulates following winter-sanding
or -salting of roads.

2. Member States shall send the Commission lists of any such
zones or agglomerations together with information on concen-
trations 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 par-
ticulates 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, Mem-
ber States need to establish the air quality plan provided for in
Article 23 only in so far as exceedances are attributable to PM10
sources other than winter-sanding or -salting of roads.

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The Commission shall by 11 June 2010 publish guidelines
5.
for determination of contributions from the re-suspension of par-
ticulates following winter-sanding or -salting of roads.

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 information
listed in Section B of Annex XV related to the pollutants con-
cerned 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, adverse
climatic conditions or transboundary contributions, a Member
State shall be exempt from the obligation to apply those limit val-
ues until 11 June 2011 provided that the conditions laid down in
paragraph 1 are fulfilled and that the Member State shows that all
appropriate measures have been taken at national, regional and
local level to meet the deadlines.

CHAPTER IV

PLANS

Article 23

Air quality plans

1. Where, in given zones or agglomerations, the levels of pol-
lutants in ambient air exceed any limit value or target value, 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 tar-
get 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 plans shall
set out appropriate measures, so that the exceedance period can
be kept as short as possible. The air quality plans may addition-
ally include specific measures aiming at the protection of sensi-
tive population groups, including children.

Those air quality plans shall incorporate at least the information
listed in Section A of Annex XV and may include measures pur-
suant to Article 24. Those plans shall be communicated to the
Commission 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 cover-
ing all pollutants concerned.

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.

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.

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 rel-
evant
information necessary for the Commission to assess
whether or not the relevant conditions are satisfied. In its assess-
ment, the Commission shall take into account estimated effects
on ambient air quality in the Member States, at present and in the
future, of measures that have been taken by the Member States as
well as estimated effects on ambient air quality of current Com-
munity measures and planned Community measures to be pro-
posed by the Commission.

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.

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 thresh-
olds 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 exceedance. Where
this risk applies to one or more limit values or target values speci-
fied 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.

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The short-term action plans referred to in paragraph 1 may,
2.
depending on the individual case, provide for effective measures
to control and, where necessary, suspend activities which contrib-
ute to the risk of the respective limit values or target values or
alert threshold being exceeded. Those action plans may include
measures in relation to motor-vehicle traffic, construction works,
ships at berth, and the use of industrial plants or products and
domestic heating. Specific actions aiming at the protection of sen-
sitive population groups, including children, may also be consid-
ered in the framework of those plans.

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, Mem-
ber States shall, where appropriate, endeavour to pursue coopera-
tion with third countries, and in particular with candidate
countries.

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 sensitive
population groups, other relevant health-care bodies and the rel-
evant industrial federations both the results of their investigations
on the feasibility and the content of specific short-term action
plans as well as information on the implementation of these plans.

For the first time before 11 June 2010 and at regular inter-
4.
vals thereafter, the Commission shall publish examples of best
practices for the drawing-up of short-term action plans, includ-
ing examples of best practices for the protection of sensitive
population groups, including children.

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 pollut-
ants or their precursors, the Member States concerned shall coop-
erate 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 be invited to be present and to assist
2.
in any cooperation referred to in paragraph 1. Where appropri-
ate, the Commission shall, taking into account the reports estab-
lished pursuant to Article 9 of Directive 2001/81/EC, consider
whether further action should be taken at Community level in
order to reduce precursor emissions responsible for transbound-
ary pollution.

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 appropriate
information.

4. Where the information threshold or alert thresholds are
exceeded in zones or agglomerations close to national borders,

CHAPTER V

INFORMATION AND REPORTING

Article 26

Public information

1. Member States shall ensure that the public as well as appro-
priate organisations such as environmental organisations, con-
sumer organisations, organisations representing the interests of
sensitive populations, other relevant health-care bodies and the
relevant industrial federations 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 take into
account the provisions laid down in Directive 2007/2/EC.

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 informa-
tion shall be combined with a summary assessment of the effects
of those exceedances. The reports may include, where appropri-
ate, further 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.

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).

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In any event, for the specific purpose of assessing compli-
2.
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;

(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 tar-
get values or critical
levels; and for these zones and
agglomerations:

The Commission shall publish guidance on the demonstra-

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

CHAPTER VI

COMMITTEE, TRANSITIONAL AND FINAL PROVISIONS

Article 29

Committee

The Commission shall be assisted by a committee,

1.
Ambient Air Quality Committee’.

‘the

levels assessed and, if relevant, the dates and periods
when such levels were observed;

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

(i)

(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 lev-
els assessed, as declared to the Commission under
Articles 20 and 21.

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

Article 28

Implementing measures

1. 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:

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 30

Penalties

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

(a)

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

1.
Directives 96/62/EC, 1999/30/EC, 2000/69/EC and
2002/3/EC shall be repealed as from 11 June 2010, without
prejudice to the obligations on the Member States relating to
time-limits for transposition or application of those Directives.

(b)

the dates for compliance with any of the parameters referred
to in point (a).

However, from 11 June 2008, the following shall apply:

The Commission shall, in accordance with the regulatory
2.
procedure referred to in Article 29(2), determine the additional
information 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 information and
data from networks and individual stations measuring ambient air
pollution within the Member States, in accordance with the regu-
latory procedure referred to in Article 29(2).

(a)

in Directive 96/62/EC, paragraph 1 of Article 12 shall be
replaced by the following:

‘1.
The detailed arrangements for forwarding the informa-
tion to be provided under Article 11 shall be adopted in
accordance with the procedure referred to in paragraph 3.’;

(b)

in Directive 1999/30/EC, Article 7(7), footnote 1 in point I
of Annex VIII and point VI of Annex IX shall be deleted;

(c)

in Directive 2000/69/EC, Article 5(7) and point
Annex VII shall be deleted;

III

in

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

(d)

in Directive 2002/3/EC, Article 9(5) and point
Annex VIII shall be deleted.

II of

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Notwithstanding the first subparagraph of paragraph 1, the

2.
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 Decem-

ber 2009.

References made to the repealed Directives shall be con-
3.
strued as being made to this Directive and should be read in
accordance with the correlation table in Annex XVII.

Decision 97/101/EC shall be repealed with effect from the
4.
end of the second calendar year following the entry into force of
the implementing measures referred to in Article 28(2) of this
Directive.

However, the third, fourth and fifth indents of Article 7 of Deci-
sion 97/101/EC shall be deleted with effect from 11 June 2008.

Article 32

Review

1.
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 national exposure reduction obliga-
tion in order to replace the national exposure reduction target and
to review the exposure concentration obligation 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,

As part of the review, the Commission shall also prepare a
3.
report on the experience and on the necessity of monitoring of
PM10 and PM2,5, taking into account technical progress in auto-
matic measuring techniques. If appropriate, new reference meth-
ods for the measurement of PM10 and PM2,5 shall be proposed.

Article 33

Transposition

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive before 11 June 2010. They shall forthwith communi-
cate to the Commission the text of those measures.

When Member States adopt these measures, they shall contain a
reference to this Directive or shall be accompanied by such refer-
ence 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 num-
ber of urban background measurement stations of PM2,5 neces-
sary for the calculation of the Average Exposure Indicator, in
accordance with Section B of Annex V, is established 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

Entry into force

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

Article 35

Addressees

— the revision of Directive 2001/81/EC,

This Directive is addressed to the Member States.

— progress made in implementing Community reduction mea-

sures for air pollutants,

Done at Strasbourg, 21 May 2008.

2.
The Commission shall take into account the feasibility of
adopting a more ambitious limit value for PM2,5, shall review the
indicative limit value of the second stage for PM2,5 and consider
confirming or altering that value.

For the European Parliament
The President
H.-G. PÖTTERING

For the Council
The President
J. LENARČIČ

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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 nitro-
gen 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 win-
ter

—

—

30 %

90 %

> 10 % during
summer

Modelling uncertainty:

Hourly

Eight-hour averages

Daily averages

Annual averages

Objective estimation
Uncertainty

50 %

50 %

50 %

30 %

75 %

—

—

—

—

—

not yet defined

50 %

50 %

100 %

100 %

50 %

50 %

—

—

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 sam-
pling 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 per-
centile (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 eight weeks evenly distributed over the year.
(4) One measurement a week at random, evenly distributed over the year, or eight 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 methodol-
ogy of ISO 5725:1994 and the guidance provided in the CEN report ‘Air Quality — Approach to Uncertainty Estima-
tion 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 interpreted 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 pur-
suant 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 Commu-
nity wide quality assurance programmes to be organised by the Commission and shall also coordinate, on the
national level, the appropriate realisation 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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11.6.2008

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

Upper assessment threshold

Lower assessment threshold

Health protection

Vegetation protection

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

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

60 % of winter critical level
(12 µg/m3)

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

2. Nitrogen dioxide and oxides of nitrogen

Upper assessment threshold

Lower assessment threshold

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

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

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

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

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

80 % of limit value
(32 µg/m3)

80 % of critical level
(24 µg/m3)

65 % of limit value
(26 µg/m3)

65 % of critical level
(19,5 µg/m3)

3. Particulate matter (PM10/PM2,5)

Upper assessment threshold

Lower assessment threshold

24-hour average PM10

Annual average PM10

Annual average
PM2,5 (1)

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

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

70 % of limit value
(28 µg/m3)

70 % of limit value
(17 µg/m3)

50 % of limit value
(20 µg/m3)

50 % of limit value
(12 µg/m3)

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

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

4. Lead

Upper assessment threshold

Lower assessment threshold

Annual average

70 % of limit value (0,35 µg/m3)

50 % of limit value (0,25 µg/m3)

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5. Benzene

Upper assessment threshold

Lower assessment threshold

6. Carbon monoxide

Upper assessment threshold

Lower assessment threshold

Annual average

70 % of limit value (3,5 µg/m3)

40 % of limit value (2 µg/m3)

Eight-hour average

70 % of limit value (7 mg/m3)

50 % of limit value (5 mg/m3)

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 duration
during the period of the year and at locations likely to be typical of the highest pollution levels with results obtained
from information from emission inventories and modelling to determine exceedances of the upper and lower assess-
ment thresholds.

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Official Journal of the European Union

11.6.2008

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 concen-
tration 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 habitation;

(b) in accordance with Article 2(1), on factory premises or at industrial installations to which all relevant provisions

concerning health and safety at work apply;

(c) 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 population is
likely to be directly or indirectly exposed for a period which is significant in relation to the averaging period of
the limit value(s),

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

eral 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 contribu-
tion 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 agglomera-

tions 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 down-
wind 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 vicinity;

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

of human health.

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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 motorways 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 representative 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.

C. Microscale siting of sampling points

In so far 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 pho-
tographs of the surrounding area and a detailed map. Sites shall be reviewed at regular intervals with repeated docu-
mentation to ensure that selection criteria remain valid over time.

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MEASUREMENTS AT RURAL BACKGROUND LOCATIONS IRRESPECTIVE OF CONCENTRATION

ANNEX IV

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 par-
ticulate matter. It is also essential for the increased use of modelling also in urban areas.

B. Substances

Measurement of PM2,5 must include at least 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.

Na+

K+

+

NH4
Cl–

Ca2+

Mg2+

elemental carbon (EC)

organic carbon (OC)

2–

SO4

–

NO3

C. Siting

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

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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)

0-249

250-499

500-749

750-999

1 000-1 499

1 500-1 999

2 000-2 749

2 750-3 749

3 750-4 749

4 750-5 999

≥ 6 000

If maximum concentrations exceed the upper
assessment threshold (1)

If maximum concentrations are between the
upper and lower assessment thresholds

Pollutants except PM

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

Pollutants except PM

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

1

2

2

3

4

5

6

7

8

9

10

2

3

3

4

6

7

8

10

11

13

15

1

1

1

1

2

2

3

3

3

4

4

1

2

2

2

3

3

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 PM10 within the
last three years shall be maintained, unless a relocation is necessary owing to special circumstances, in particular spatial devel-
opment.

(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 pol-
lution 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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ANNEX VI

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

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 measurement of the concentration of sulphur dioxide by ultraviolet fluorescence’.

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 procedure 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 gravi-
metric 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 qual-
ity — 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 — Stan-
dard 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.

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

in accordance with paragraph 1.

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 measure-

ment 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 11 June 2010.

All equipment used in fixed measurements must comply with the reference method or equivalent by 11 June 2013.

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.

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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 one-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

One hour values

Eight hours values

75 % (i.e. 45 minutes)

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

Maximum daily 8 hours mean from
hourly running 8 hours

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

AOT40

Annual mean

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

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

Number of exceedances and maximum
values per month

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

Number of exceedances and maximum
values per year

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

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 = AOT40measured ×

total possible number of hours (*)

number of measured hourly values

(*) being the number of hours within the time period of AOT40 definition, (i.e. 08:00 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
eight-hour mean (2)

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

Protection of
vegetation

May to July

AOT40 (calculated from 1 h values)
18 000 µg/m3 ∙ h averaged over five years (3)

Date by which target
value should be met (1)

1.1.2010

1.1.2010

(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 cal-

culating compliance over the following three or five years, as appropriate.

(2) The maximum daily eight-hour mean concentration shall be selected by examining eight-hour running averages, calculated from
hourly data and updated each hour. Each eight -hour average so calculated shall be assigned to the day on which it ends. i.e. the first
calculation period for any one day will be the period from 17:00 on the previous day to 01:00 on that day; the last calculation period
for any one day will be the period from 16:00 to 24:00 on the day.
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)

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C. Long-term objectives

Objective

Averaging period

Longterm objective

Protection of human
health

Maximum daily eight-hour mean within
a calendar year

120 µg/m3

Protection of
vegetation

May to July

AOT40 (calculated
from 1 h values)
6 000 µg/m3 ∙ h

Date by which
the longterm objective
should be met

not defined

not defined

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Official Journal of the European Union

11.6.2008

ANNEX VIII

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

The following apply to fixed measurements:

A. Macroscale siting

Type of station

Objectives of measurement

Urban

Protection of human health:

Representative-
ness (1)

A few km2

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

Suburban

Protection of human health and
vegetation:

Some tens
of km2

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

Rural

Protection of human health and
vegetation:

Sub-regional
levels

to assess the exposure of popula-
tion, crops and natural ecosys-
tems to sub-regional scale ozone
concentrations

(some
hundreds
of km2)

Macroscale siting criteria

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

vented locations where well mixed levels can be
measured;

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

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

where population, sensitive crops or natural eco-
systems located in the outer fringe of an agglom-
eration are exposed to high ozone levels;

where appropriate, some suburban stations also
upwind of the area of maximum emissions, in
order to determine the regional background lev-
els of ozone

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

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

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

Rural
background

Protection of vegetation and
human health:

natural

ecosystems

to assess the exposure of crops
to
and
regional-scale ozone concentra-
tions as well as exposure of the
population

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, also summits of higher mountains;

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

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

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 mea-
sured at the respective sites.

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Official Journal of the European Union

11.6.2008

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 val-
ues, long-term objectives and information and alert thresholds where such measurements are the sole source
of information

Population (× 1 000)

Agglomerations (urban
and suburban) (1)

Other zones (suburban
and rural) (1)

Rural background

< 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

One additional station per
2 million inhabitants

One additional station per
2 million inhabitants

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

(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 pol-
lution 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 supple-
mentary 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 num-
ber of rural background stations shall be one per 100 000 km2.

11.6.2008

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L 152/29

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 emis-
sion 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

Trans-2-Butene

n-Hexane

m + p-Xylene

cis-2-Butene

1,3-Butadiene

n-Pentane

i-Pentane

1-Pentene

2-Pentene

i-Hexane

n-Heptane

n-Octane

i-Octane

Benzene

Toluene

o-Xylene

1,2,4-Trimethylebenzene

1,2,3-Trimethylebenzene

1,3,5-Trimethylebenzene

Formaldehyde

Total non-methane hydrocarbons

Ethane

Ethylene

Acetylene

Propane

Propene

n-Butane

i-Butane

C. Siting

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.

L 152/30

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Official Journal of the European Union

11.6.2008

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 cal-
culating statistical parameters:

Parameter

Required proportion of valid data

One hour values

Eight hours values

Maximum daily 8-hour mean

24-hour values

Annual mean

75 % (i.e. 45 minutes)

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

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

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

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

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

tenance of the instrumentation.

B. Limit values

Averaging Period

Limit value

Margin of tolerance

Date by which limit value
is to be met

Sulphur dioxide

One hour

One day

Nitrogen dioxide

One hour

350 µg/m3, not to be exceeded
more than 24 times a calendar
year

150 µg/m3 (43 %)

125 µg/m3, not to be exceeded
more than 3 times a calendar year

None

200 µg/m3, not to be exceeded
more than 18 times a calendar
year

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

thereafter

by

Calendar year

40 µg/m3

Benzene

Calendar year

5 µg/m3

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

thereafter

by

5 µg/m3 (100 %) on 13 Decem-
ber 2000, decreasing on 1 Janu-
ary 2006 and every 12 months
thereafter by 1 µg/m3 to reach
0 % by 1 January 2010

— (1)

— (1)

1 January 2010

1 January 2010

1 January 2010

Carbon monoxide

maximum daily
eight hour
mean (2)

10 mg/m3

60 %

— (1)

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Averaging Period

Limit value

Margin of tolerance

Date by which limit value
is to be met

Lead

Calendar year

0,5 µg/m3 (3)

PM10

One day

50 µg/m3, not to be exceeded
more than 35 times a calendar
year

Calendar year

40 µg/m3

100 %

50 %

20 %

— (3)

— (1)

— (1)

(1) Already in force since 1 January 2005
(2) The maximum daily eight hour mean concentration will be selected by examining eight hour running averages, calculated from hourly
data and updated each hour. Each eight hour average so calculated will 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 01:00 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 indus-
trial 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.

L 152/32

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Official Journal of the European Union

11.6.2008

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

Alert threshold

500 µg/m3

400 µg/m3

B.

Information and alert thresholds for ozone

Purpose

Averaging period

Information

Alert

1 hour

1 hour (1)

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.

11.6.2008

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Official Journal of the European Union

L 152/33

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)

Oxides of nitrogen

Calendar year

20 µg/m3

30 µg/m3 NOx

None

None

L 152/34

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Official Journal of the European Union

11.6.2008

NATIONAL EXPOSURE REDUCTION TARGET, TARGET VALUE AND LIMIT VALUE FOR PM2,5

ANNEX XIV

A. Average exposure indicator

The Average Exposure Indicator expressed in µg/m3 (AEI) shall be based upon measurements in urban background loca-
tions in zones and agglomerations throughout the territory of a Member State. It should be assessed as a three-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, where data are not available for 2008, Member States may use the mean concentration of the years 2009
and 2010 or the mean concentration of the years 2009, 2010 and 2011. Member States making use of these possi-
bilities shall communicate their decisions to the Commission by 11 September 2008.

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

The AEI for the year 2015 shall be the three-year running mean concentration averaged over all those sampling points
for the years 2013, 2014 and 2015. The AEI is used for the examination whether the exposure concentration obliga-
tion is met.

B. National exposure reduction target

Exposure reduction target relative to the AEI in 2010

Year by which the exposure
reduction target should
be met

Initial concentration in µg/m3

Reduction target in percent

2020

< 8,5 = 8,5

> 8,5 — < 13

= 13 — < 18

= 18 — < 22

≥ 22

0 %

10 %

15 %

20 %

All appropriate measures to achieve
18 μg/m3

Where the AEI in the reference year is 8,5 µg/m3 or less the exposure reduction target shall be zero. The reduction tar-
get shall be zero also in cases where the AEI reaches the level of 8,5 µg/m3 at any point of time during the period from
2010 to 2020 and is maintained at or below that level.

C. Exposure concentration obligation

Exposure concentration obligation

Year by which the obligation value is to be met

20 µg/m3

2015

D. 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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E. Limit value

Averaging period

Limit value

Margin of tolerance

STAGE 1

Calendar year

25 µg/m3

STAGE 2 (1)

Calendar year

20 µg/m3

20 % on 11 June 2008, decreas-
ing on the next 1 January and
every 12 months thereafter by
equal annual percentages to reach
0 % by 1 January 2015

Date by which limit value
is to be met

1 January 2015

1 January 2020

(1) Stage 2 — indicative limit value to be reviewed by the Commission in 2013 in the light of further information on health and

environmental effects, technical feasibility and experience of the target value in Member States.

L 152/36

EN

Official Journal of the European Union

11.6.2008

ANNEX XV

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

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 11 June 2008, i.e:

(a)

local, regional, national, international measures;

(b) observed effects of these measures.

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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.

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 mea-
sures 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. Directive 2008/1/EC of the European Parliament and of the Council of 15 January 2008 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 approximation
of the laws of the Member States relating to measures against the emission of gaseous and particulate pollutants
from internal combustion engines to be installed in non-road mobile machinery (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.

7.

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);

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 incineration 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;

(1) OJ L 76, 6.4.1970, p. 1. Directive as last amended by Directive 2006/96/EC (OJ L 363, 20.12.2006, p. 81).
(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 24, 29.1.2008, p. 8.
(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.

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Official Journal of the European Union

11.6.2008

11. Directive 2004/42/EC of the European Parliament and of the Council of 21 April 2004 on the limitation of emis-
sions of volatile organic compounds due to the use of organic solvents in certain paints and varnishes and vehicle
refinishing products (1);

12. Directive 2005/33/EC of the European Parliament and of the Council of 6 July 2005 amending Directive

1999/32/EC as regards the sulphur content of marine fuels (2);

13. Directive 2005/55/EC of the European Parliament and of the Council of 28 September 2005 on the approxima-
tion 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 (3);

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

ciency and energy services (4).

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)

(b)

(c)

reduction of emissions from stationary sources by ensuring that polluting small and medium sized stationary com-
bustion sources (including for biomass) are fitted with emission control equipment or replaced;

reduction of emissions from vehicles through retrofitting with emission control equipment. The use of economic
incentives to accelerate take-up should be considered;

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, dif-

ferentiated 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 2008/1/EC, the national plans under
Directive 2001/80/EC, and through the use of economic instruments such as taxes, charges or emission trading.

(h) where appropriate, measures to protect the health of children or other sensitive groups.

(1) OJ L 143, 30.4.2004, p. 87.
(2) OJ L 191, 22.7.2005, p. 59.
(3) OJ L 275, 20.10.2005, p. 1. Directive as last amended by Regulation (EC) No 715/2007 (OJ L 171, 29.6.2007, p. 1).
(4) OJ L 114, 27.4.2006, p. 64.

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Official Journal of the European Union

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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 infor-
mation 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 one hour concentration and in addition highest eight 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)

(e)

information on preventive action to reduce pollution and/or exposure to it: indication of main source sectors; rec-
ommendations for action to reduce emissions;

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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Official Journal of the European Union

11.6.2008

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(1) to (5)

Article 2(1) to (5)

Article 2(6) and (7)

—

—

—

Article 2(8)

Article 2(9)

Article 2(8)

Article 2(7)

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(13)
and (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),
(21), (22) and (23)

Article 2(24)

—

—

—

Article 2(11)
and (12)

—

Article 2(10)

Article 2(25) and (26)

Article 6(5)

Article 2(27)

Article 2(28)

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

Article 3(1)(f)

Article 4

Article 5

Article 3

—

—

—

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

—

—

—

—

—

—

—

—

—

—

—

—

Article 2(a) and (b)

—

—

—

—

—

—

—

—

—

—

—

—

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 13(1)

—

—

—

—

—

—

—

—

Article 9

—

—

—

—

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

—

—

—

Article 2(9)

Article 2(11)

Article 2(12)

—

Article 2(10)

Article 2(7) and (8)

—

—

—

—

Article 2(13)

Article 2(3)

—

—

—

—

—

—

—

—

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 13(2)

Article 13(3)

Article 14

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 24

Article 25

Article 26

Article 27

Article 28(1)

Article 28(2)

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

—

—

—

—

—

—

—

—

—

Article 10 with
amendments

—

—

—

Article 8(1) to (4)
with amendments

Article 7(3) with
amendments

Article 8(5) with
amendments

Articles 3(2)
and 4(2)

Article 5(5)

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

—

—

—

—

—

—

Article 8(3)

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

—

—

—

—

—

—

—

—

—

—

—

—

—

—

—

—

—

—

—

—

—

—

Article 8 with
amendments

Article 7 with
amendments

—

—

—

—

—

—

—

—

Article 11 with
amendments

Article 5(2) second
subparagraph

Article 12(1) with
amendments

Article 11 with
amendments

—

—

—

—

—

Annex IX with
amendments

Article 12(2)

—

—

—

—

Article 13

Article 14

Article 15

—

—

—

Article 11

Article 9

—

—

Article 12

Article 13

Article 14

Annex VIII with
amendments

Annex V with
amendments

Article 10

Article 11

Article 12

Annex VI

Annex III

Annex VI

Annex IV

—

—

—

—

—

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 6 with
amendments

Article 10 with
amendments

—

—

—

—

—

—

—

—

—

Article 14

Article 15

Article 17

Article 18

Annex VII

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This Directive

Directive 96/62/EC

Directive 1999/30/EC

Directive 2000/69/EC

Directive 2002/3/EC

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 IV

Annex XV Section B

Annex XVI

—

—

—

—

Annex V

—

—

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

—

—

—

Annex VII

Annex VIII

—

—

—

—

Annex I, Annex II

—

—

—

—

—

Annex I, Annex III
section II

Annex IV

Annex V

Annex VI

—

Annex II, section I

—

—

—

—

Article 8

Article 7

Article 6 with
amendments

11.6.2008

EN

Official Journal of the European Union

L 152/43

STATEMENT BY THE COMMISSION

The Commission takes note of the text adopted by the Council and the European Parliament for the Directive
on ambient air quality and cleaner air for Europe. In particular, the Commission notes the importance attrib-
uted by the European Parliament and the Member States in Article 22(4) and recital 16 to Community mea-
sures for the abatement of air pollutant emissions at source.

The Commission recognises the need to reduce the emissions of harmful air pollutants if significant progress
is to be delivered towards the objectives established in the Sixth Environmental Action Programme. The Com-
mission’s communication on a thematic strategy on air pollution sets out a significant number of possible
Community measures. Significant progress on these and other measures has been made since the adoption of
the strategy:

— the Council and Parliament have already adopted new legislation limiting the exhaust emissions of light

duty vehicles,

— the Commission has adopted a proposal for new legislation to improve the effectiveness of Community
industrial emissions legislation including intensive agricultural installations and measures to tackle smaller
scale industrial combustion sources,

— the Commission has adopted a proposal for new legislation limiting the exhaust emissions of engines

installed in heavy duty vehicles,

— in 2008 the Commission foresees new legislative proposals that would:

— further reduce the Member States’ permitted national emissions of key pollutants,

— reduce emissions associated with refuelling of petrol cars at service stations,

— address the sulphur content of fuels including marine fuels,

— preparatory work is also underway to investigate the feasibility of:

— improving the eco-design and reducing the emissions of domestic boilers and water heaters,

— reducing the solvent content of paints, varnishes and vehicle refinishing products,

— reducing the exhaust emissions of non-road mobile machinery and thereby maximise the benefit of

lower sulphur non-road fuels already proposed by the Commission,

— The Commission also continues to push for substantial emissions reductions from ships at the Interna-
tional Maritime Organisation and it is committed to bringing forward proposals for Community mea-
sures should the IMO fail to deliver sufficiently ambitious proposals as foreseen in 2008.

The Commission is, however, committed to the aims of its Better Regulation initiative and the need for pro-
posals to be underpinned by a comprehensive assessment of the impacts and benefits. In this regard and in
accordance with the Treaty establishing the European Community, the Commission will continue to evaluate
the need to bring forward new legislative proposals but reserves its right to decide if and when it would be
appropriate to present any such proposal.

STATEMENT BY THE NETHERLANDS

The Netherlands has always supported the development of ambitious and effective European policy on air qual-
ity and will continue to do so in the future. It is, therefore, happy with the compromise agreed by the Council
and the European Parliament and compliments the Parliament, the Commission and the Presidency on the
results achieved. The new Directive on ambient air quality marks significant progress for both the environ-
ment and public health.

L 152/44

EN

Official Journal of the European Union

11.6.2008

As the Netherlands pointed out when the Common Position was drawn up, the air quality in our country is
strongly influenced by transboundary developments and will therefore benefit enormously from an effective
European approach. The Netherlands’ main concern has been that the Directive should contain a balanced
package of European and national measures, as well as realistic time limits to achieve the air quality targets.
Only then will Member States be able to achieve the ambitious targets that have been set.

The Netherlands is pleased with the Commission’s statement that it will present Community measures in good
time. Timely, EU-wide compliance with the air quality standards will depend on sound European policy tack-
ling pollution at the source. The Netherlands would especially point to the lack of data and prevailing uncer-
tainties about emissions and concentrations of fine particulates (PM2,5). It will of course make every effort to
meet the objectives of the Directive by the target date. On the basis of the knowledge currently at our com-
mand, this will largely be feasible. The Dutch government is developing a National Air Quality Cooperation
Programme to tackle locations where emission ceilings are persistently exceeded, so that, there too, air quality
standards may be met by the target date.

The Netherlands is pleased that the Council and the European Parliament concluded their second reading in
time for the Directive to take effect as of early 2008. This is essential for our own national programme, as well
as actions in the countries around us. The Netherlands will work hard to ensure that the national cooperation
programme and all local and regional measures are sufficient.