CELEX: 51998PC0386
Language: en
Date: 1998-07-08
Title: Amended proposal for a Council Directive relating to limit values for sulphur dioxide, oxides of nitrogen, particulate matter and lead

C 259/10            EN                 Official Journal of the European Communities                                    18.8.98
             Amended proposal for a Council Directive relating to limit values for sulphur dioxide, oxides of
                                           nitrogen, particulate matter and leadØ(Î)
                                                        (98/C 259/04)
                                                   (Text with EEA relevance)
                                          COM(1998) 386 final — 97/0266(SYN)
               (Submitted by the Commission pursuant to Article 189a(2) of the EC Treaty on 8 July 1998)
             (Î)ÙOJ C 9, 14.1.1998, p. 6.
                   ORIGINAL PROPOSAL                                                  AMENDED PROPOSAL
                                                           Recital 8a
                                                                   Whereas account should be taken of the need to assess
                                                                   air quality in tourist areas during the peak season;
                                                           Recital 6a
                                                                   Whereas in order to facilitate the review stage of the
                                                                   Directive in 2003, the Commission and Member States
                                                                   should consider encouraging research into the effects of
                                                                   the pollutants referred to herein, namely sulphur dioxide,
                                                                   oxides of nitrogen, particulate matter and lead under the
                                                                   remit of the fifth framework research programme and
                                                                   other research programmes;
                                                          Article 3(1)
Member States shall take the necessary measures to                 Member States shall take the necessary measures to
ensure that concentrations of sulphur dioxide in ambient           ensure that concentrations of sulphur dioxide in ambient
air, as assessed in accordance with Article 7, do not              air, as assessed in accordance with Article 7, do not
exceed the limit values set out in Section I of Annex I as         exceed the limit values set out in Section I of Annex I, as
from the dates specified therein.                                  soon as possible and in any event no later than the dates
                                                                   specified therein.
The margins of tolerance set out in Section I of Annex I
shall apply in accordance with Article 8 of Directive
96/62/EC.
                                                          Article 3(3)
Member States shall record data on concentrations of               Member States shall, until 31 December 2003, record
sulphur dioxide averaged over 10 minutes from                      data on concentrations of sulphur dioxide averaged over
measuring stations at which hourly concentrations are              10 minutes from measuring stations selected by Member
measured. Member States shall report to the Commission             States to be representative of air quality within inhabited
the 98th and 99th percentile of 10-minute concentrations           areas close to sources. Member States shall report to the
measured within the calendar year at the same time as              Commission the number of 10-minute concentrations
data are supplied on hourly concentrations.                        which exceed 500Ømg/mÐ within the calendar year, the
                                                                   number of days within the calendar year on which this
                                                                   occurred and the maximum concentration recorded at
                                                                   the same time as data are supplied on hourly concen-
                                                                   trations.
 ---pagebreak--- 18.8.98             EN                Official Journal of the European Communities                                C 259/11
                    ORIGINAL PROPOSAL                                               AMENDED PROPOSAL
                                                         Article 4
Member States shall take the necessary measures to               1.ÚÙMember States shall take the necessary measures to
ensure that concentrations of nitrogen dioxide, and              ensure that concentrations of nitrogen dioxide, and
where applicable of nitrogen dioxide plus nitric oxide, in       where applicable of nitrogen dioxide plus nitric oxide, in
ambient air, as assessed in accordance with Article 7, do        ambient air, as assessed in accordance with Article 7, do
not exceed the limit values set out in Section I of Annex        not exceed the limit values set out in Section I of Annex
II as from the dates specified therein.                          II as soon as possible and in any event no later than the
                                                                 dates specified therein.
The margins of tolerance set out in Section I of Annex II        The margins of tolerance set out in Section I of Annex II
shall apply in accordance with Article 8 of Directive            shall apply in accordance with Article 8 of Directive
96/62/EC.                                                        96/62/EC.
                                                                 2.ÚÙThe alert threshold for concentrations of nitrogen
                                                                 dioxide in ambient air is set out in Section II of Annex
                                                                 II. Details to be supplied to the public in accordance
                                                                 with Article 10 of Directive 96/62/EC shall include as a
                                                                 minimum the items listed in Section III of Annex I.
                                                        Article 5(1)
Member States shall take the necessary measures to               Member States shall take the necessary measures to
ensure that concentrations of PM10 in ambient air, as            ensure that concentrations of PM10 in ambient air, as
assessed in accordance with Article 7, do not exceed the         assessed in accordance with Article 7, do not exceed the
limit values set out in Section I of Annex III as from the       limit values set out in Section I of Annex III as soon as
dates specified therein.                                         possible and in any event no later than the dates
                                                                 specified therein.
                                                        Article 8(1)
Member States shall take appropriate steps to                    Member States shall take appropriate steps to
disseminate up-to-date information on ambient concen-            disseminate up-to-date information on ambient concen-
trations of sulphur dioxide, oxides of nitrogen,                 trations of sulphur dioxide, oxides of nitrogen,
particulate matter and lead to the public by means, for          particulate matter and lead to the public by means, for
example, of broadcast media, press, information screens          example, of broadcast media, press, information screens
or computer network services and by notification of              or computer network services and by notification of
appropriate organisations such as environmental organi-          appropriate organisations such as environmental organi-
sations, consumer organisations, organisations repre-            sations, consumer organisations, organisations repre-
senting the interests of sensitive populations and other         senting the interests of sensitive populations and other
pertinent healthcare bodies. A list of the organisations         pertinent healthcare bodies. Information on ambient
notified shall be sent to the Commission at the same time        concentrations of sulphur dioxide, oxides of nitrogen
as information transmitted under Article 11 of Directive         and particulate matter shall be updated on an hourly
96/62/EC.                                                        basis. Information on ambient concentrations of lead
                                                                 shall be updated on a three-monthly basis. A list of the
                                                                 organisations notified shall be sent to the Commission
                                                                 at the same time as information transmitted under
                                                                 Article 11 of Directive 96/62/EC.
 ---pagebreak--- C 259/12            EN                Official Journal of the European Communities                                   18.8.98
                    ORIGINAL PROPOSAL                                                AMENDED PROPOSAL
                                                    Article 8(3a) (new)
                                                                 All information supplied to the public and all organi-
                                                                 sations listed in Article 8(1) and (3) pursuant to Article 8
                                                                 of this Directive and information supplied to the public
                                                                 pursuant to Article 10 of Directive 96/62/EC shall be
                                                                 clear, comprehensible and accessible for their stated
                                                                 purpose.
                                                         Article 10
The Commission shall submit to the European                      The Commission shall submit to the European
Parliament and the Council not later than 31 December            Parliament and the Council not later than 31 December
2003 a report based on experience of the application of          2003 a report based on experience of the application of
this Directive, and in particular, on the results of the         this Directive. This report will include a review of the
most recent scientific research concerning the effects on        provisions of this Directive in the light of the results of
human health of exposure to sulphur dioxide, to                  the most recent scientific research concerning in
different fractions of particulate matter and to lead, and       particular, the effects on human health of exposure to
on progress achieved in methods of measuring and                 sulphur dioxide, to different fractions of particulate
otherwise assessing concentrations of particulate matter         matter and to lead, and of technological developments
in ambient air and the deposition of lead on surfaces.           including progress achieved in measuring and otherwise
                                                                 assessing concentrations of particulate matter in ambient
                                                                 air and the deposition of lead on surfaces. The report
                                                                 will, if appropriate, be accompanied by proposals
                                                                 amending the provisions of this Directive.
                                                Annex I, Section I, point 3
3.ÙLimit value for the protection of ecosystems, to apply        3.ÙLimit value for the protection of ecosystems.
    away from the immediate vicinity of sources.
                                                Annex II, Section I, point 3
3.ÙAnnual limit value for the protection of vegetation to        3.ÙAnnual limit value for the protection of vegetation.
    apply away from the immediate vicinity of sources.
                                                Annex II, Section Ia (new)
                                                                 Alert threshold for nitrogen dioxide
                                                                 400Ømg/mÐ measured over three successive hours at
                                                                 locations representative of air quality across an entire
                                                                 zone or agglomeration.
 ---pagebreak--- 18.8.98              EN             Official Journal of the European Communities                              C 259/13
                    ORIGINAL PROPOSAL                                              AMENDED PROPOSAL
                                              Annex II, Section Ib (new)
                                                              Minimum details to be supplied to the public when the
                                                              alert threshold for nitrogen dioxide is exceeded
                                                              Details to be supplied to the public should include as a
                                                              minimum:
                                                              —Ùdate, hour and place of occurrence
                                                              —Ùforecasts:
                                                                  —Ùchange in concentrations (improvement, stabili-
                                                                      sation or deterioration)
                                                                  —Ùgeographical area concerned
                                                                  —Ùduration
                                                              —Ùtype of population potentially sensitive to the
                                                                  occurrence
                                                              —Ùprecautions to be taken by the sensitive population
                                                                  concerned.
                                           Annex VI, Section Ia paragraph 3
Sampling points may be representative         of   similar    Sampling points should, where possible, also be represen-
locations not in their immediate vicinity.                    tative of similar locations not in their immediate vicinity
                                        Annex VI, Section Ia paragraph 4 (new)
                                                              Sampling points should also be located on smaller islands
                                                              or islands forming part of an archipelago.
                                    Annex VI, Section Ib paragraph 1 and 2 (new)
Sampling points targeted at the protection of ecosystems      Sampling points directed at the protection of ecosystems
or other vegetation should be sited to be representative      and other vegetation should be sited beyond 20Økm from
of air quality away from the immediate vicinity of            agglomerations or 5Økm from another built-up area or
sources such as agglomerations and other built-up areas,      industrial installation or major road.
industrial installations and roads. As a guideline a
sampling point should be sited to be representative of air
                                                              In zones on its territory which the Member State
quality in a surrounding area of at least 1Ø000ØkmÏ.
                                                              concerned considers should be afforded special
                                                              protection, sampling points should be sited with the aim
                                                              of achieving this special protection.
 ---pagebreak--- C 259/14             EN                  Official Journal of the European Communities                                           18.8.98
                    ORIGINAL PROPOSAL                                                          AMENDED PROPOSAL
                                             Annex VI, Section Ib paragraph 3 (new)
                                                                          Sampling points should also be located on smaller islands
                                                                          or islands forming part of an archipelago.
                                        Annex VI, Section II, paragraph 1, indents 5 to 7
—Ùtraffic-oriented samplers should be at least 25Øm from                  —Ùtraffic-oriented samplers should be at least 25Øm from
    major junctions and should be no less than 4Øm from                       major junctions and between 2 and 5Øm from the
    the centre of the nearest traffic lane,                                   nearest part of the vehicular carriageway, or at the
                                                                              building line if closer, unless there is a point at which
—Ùtraffic-oriented samplers for the measurement of                            the population may be directly or indirectly exposed
    NO2 Øshould be sited less than 5Øm from the kerb side,                    to a higher concentration for a period which is
                                                                              significant in relation to the averaging period of the
—Ùin built-up areas, traffic-oriented samplers for the                        limit values.
    measurement of particulate matter or lead should be
    sited to be representative of air quality close to the
    building line.
                                     Annex VII, Section Ia., before the first line, new line
             I.ÙMinimum number of sampling points for continuous measurement to assess compliance with
                limit values for the protection of human health and alert thresholds in zones and agglom-
                erations where continuous measurement is the sole source of information
                                                                          maximum concentrations For SO   2, in agglomerations
              Population of agglomeration If concentrations exceed the If                               where maximum
                                                                       are between the upper and
                        or zone            upper assessment threshold lower assessment thresholds concentrations are below the
                                                                                                   lower assessment threshold
                      Z 250Ø000                         2                          1                     Not applicable
                                                          Annex IX, Section III
III.ÙSampling method and reference method of analysing                    III. Sampling method and reference method of analysing
     the concentration of lead in air.                                         the concentration of lead in air.
(Annex to Council Directive 82/884/EEC                           of       The reference method for sampling shall be the method
3 December 1982 on lead in ambient air)                                   for PM10 described in draft European standard prEN
                                                                          12341. The reference method of analysing the concen-
                                                                          tration of lead in air is described in the Annex to Council
                                                                          Directive 82/884/EEC of 3 December 1982 on lead in
                                                                          ambient air.