CELEX: 51992PC0236
Language: en
Date: 1992-05-26
Title: Amended proposal for a COUNCIL DIRECTIVE ON AIR POLLUTION BY OZONE

COMMISSION OF THE EUROPEAN COMMUNITIES
                                       C0M(92) 236 final
                                       Brussels, 26 May 1992
                       Amended proposal for a
                          COUNCIL DIRECTIVE
                                 OS
                      AIR KXIOTKH B* O0OME
      (presented by the Commission pursuant to Article 149(3)
                         of the EEC-Treaty)
 ---pagebreak---                           EXPEAHKTOKr MBMnRAumK
1. In June 1991 the Commission submitted a proposal for a Council
   Directive on air pollution by ozone (OOM(91)220 final) based on
   Article 130s of the Treaty establishing the European Economic
   Community.
2. The European Parliament endorsed the Commission proposal on 14 Hay 1992
   subject to certain amendments which it wished the Commission to
   incorporate into its proposal in accordance with Article 149(3) of the
   Treaty.
3. Of the 21 amendments tabled by Parliament, the Commission can accept
   five unreservedly (Nos 14, 15, 17, 19 and 20) and six others in part
   (Nos 1, 4, 6, 7, 9 and 22).
4. The text on the following pages takes account of the changes entailed.
5. The second recital and Article 6(1) and (2) and Article 8 have been
   amended to emphasize the need to take measures to limit the precursors
   of ozone, an Article 7a on this point has been added, and reference to
   the impossibility of adopting limit values has been deleted from the
   second recital.
6. The need to specify criteria for the establishment of measuring
   stations in order to increase the comparability of measurements has
   also been taken into account and has resulted in the amendment of
   Article 3.
7. The role of the European Environment Agency in the operational aspects
   of implementing the directive is also recognized and has been taken
   into account in Articles 4(3) and 6(1) (assuming that the agency is in
   operation by the time this directive comes into force.)
8. The need for a sufficiently large number of measurement points for the
   purposes of the directive has been added in Article 4(3) and
   Annex II.2.
9. Lastly, various practical points concerning the measurement of
   precursors and details regarding Information for the public have been
   added to Annexes III and IV.
 ---pagebreak---                                      - 1 -
                   Amended proposal for a Council Directive
                           on air pollution by ozone
THE UUUNCJJL. OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty
establishing the European Economic
Community, and in particular
Article 130s thereof,
Having regard to the proposal from
the Commission,
Having regard to the opinion of the
European Parliament,
Having regard to the opinion of the
Economic and Social Committee,
whereas the 1987 fourth Community
action programme on the
environment1 provides for the
possibility of action on
photochemical pollution, and in
particular ozone, in view of its
harmful effects and the state of
knowledge concerning its Impact on
human health and the environment;
whereas, in order to protect human     Whereas, in order to protect human
health, ozone concentrations in        health, measures must be taken to
the air should be limited;             limit ozone and its precursors where
whereas the scientific and             concentration thresholds are
technical information available        exceeded; whereas technical and
and knowledge of the formation and     scientific information must be used
transport of photochemical             and promoted to enable limit values
pollutants does not make it            for these concentrations to be
possible at present to adopt limit
values for those concentrations;
Whereas, however, as complete a
knowledge as possible of ozone
pollution levels is required in
all Member States;
1   OJ No C 328, 7.12.1989, p. 1.
                                                                            /f>
 ---pagebreak---                                       - 2 -
Whereas to obtain this knowledge it
is necessary to set up measurement
stations to provide data on ozone
concentrations in the air;
Whereas, In order to obtain
comparable results, the methods
used by the Member States to
determine concentrations should be
equivalent;
Whereas, In view of the special
nature of photochemical pollution,
the reciprocal exchange of
Information between the
Member States and the Commission
including, once it is effectively
set up, the European Environment
Agency,2 is essential for a better
understanding of the problem;
Whereas the setting of warning
levels at which precautions should
be taken by the public will make it
possible to limit the Impact of
pollution episodes on health;
Whereas the numerical values of
these levels should be based on the
findings of work carried out in the
framework of the World Health
Ctrga.n1 zatlon (WHO), in particular
as regards the dose-effect
relationships established for the
pollutant in question;
Whereas the information collected
under this Directive will make it
possible to monitor the development
of air pollution by ozone and the
impact of national and Community
provisions to reduce pihotochemical
precursors and establish in the
future new provisions concerning
ozone and air quality,
2     O J N o L 120, 11.5.1990, p. 1.
 ---pagebreak---                                          7T
                                          \
                                          \
                                    - 3 -
HAS ADOPTED THIS DIRECTIVE:
Article 1
1. The purpose of this Directive is
   to establish a common procedure:
   - for monitoring,
   - for the exchange of
     information,
   - for warning,
   concerning air pollution by
   ozone in order to enable the
   competent authorities of the
   Member States and the Commission
   to obtain wider knowledge of
   this form of air pollution in
   the Community and guarantee a
   minimum amount of public
   information where concentration
   thresholds are exceeded and
   there may be a risk to human
   health or vegetation.
2. For the purposes of this
   Directive:
   - "health protection th^eshold,,
     means the O3 concentration
     value given in Annex I,
     point 1 beyond which there Is
     a risk to human health in the
     event of prolonged pollution
     episodes;
   - "vegetation protection
     thresholds" means the O3
     concentration values given in
     Annex I, point 2 beyond which
     there is a risk to vegetation;
   - "warning threshold" means the
     Q3 concentration value given
     in Annex I, point 3 beyond
     which there is a risk to human
     health in the event of short
     exposure and at which steps
     must be taken by the
     Member States as specified in
     the following articles.
 ---pagebreak---                                    - 4 -
Article 2
Each Member State shall designate a
central body responsible for
problems concerning air pollution
by ozone at national level, and
shall forthwith inform the
Commission thereof.
Article 3
Member States shall establish        1. Member States shall establish
measuring stations to supply the     measuring stations to supply the data
data necessary for the application   necessary for the application of this
of this Directive. Such stations     Directive. Such stations must meet
must meet the specifications in      the specifications in Annex II.
Annex II.
                                     2. The Commission shall specify, as
                                     soon as possible, the conditions which
                                     must be fulfilled by networks of
                                     stations for measuring Og and its
                                     precursors and adapt these, as
                                     necessary . according to the
                                     information arising from the actions
                                     referred to in article 4.3.
Article 4
1. For the measurement of O3
   concentrations, Member States
   shall use:
   - either the reference method
     referred to in Annex V;
   - or any other method of
     analysis shown to produce
     measurement results equivalent
      to those obtained using the
     reference method.
   To this end, each Member State
   sha.11 designate one or more
   central laboratories responsible
   for evaluating the method used
   at national level in relation to
   the reference method.
   Furthermore, they shall organize
   at national level
   intercjomparisons between
   laboratories taking part in the
   collection and analysis of the
   data.
 ---pagebreak---                                    - 5 -
2. Once the measuring stations have
   been established, Member States
   gTvUi provide the Commission
   with the following information:
   - the method used to determine
     O3 concentrations and, if it
     is different from the
     reference method, proof of its
     equivalence with the latter;
   - the geographical coordinates
     of the measuring stations, a
     description of the area
     covered by the stations, and
     the site-selection criteria;
   - the results of any indicative
     measurement programmes carried
     out under the provisions of
     Annex II, point 2.
3. Ihe Commission may organize, on   3. The Commission, with the assistance
   a Community scale,                of the European Environment Agency,
   intercomparison programmes        shall organize, at regular intervals,
   between central laboratories.     meetings with those responsible for
                                     measuring centres in the Member States
                                     with the aim of exchanging information
                                     and experience concerning
                                     photochemical pollution.
Article 5
Member States sha.ll make the
necessary arrangements for
informing the public in accordance
with Annex IV by the most
appropriate means (radio,
television, newspapers) where the
warning value given in Annex I,
point 3 is exceeded.
 ---pagebreak---                                    - 6 -
Article 6
1. As from [1 January 1994],         1. As from [1 January 1994], Member
   Member States shall provide the   States shall provide the Commission
   Commission with the following     through the European Environment
   information no later than three   Agency with the following information
   months following the annual       no later than three months following
   reference period:                 the annual reference period:
   - the maximum, the median and     - the maximum, the median and the 98th
     the 98th percentile of the        percentile of the mean values over
     mean values over one hour and     one hour and eight hours recorded
     eight hours recorded during       during the year in each measuring
     the year in each measuring        station; the percentiles shall be
     station; the percentiles          calculated in accordance with the
     shall be calculated in            method given in Annex III;
     accordance with the method
     given in Annex III;             - the number, date and duration of
   - the number, date and duration     periods during which the thresholds
     of periods during which the       in Annex I, point 1 and 2, are
     thresholds in Annex I,            exceeded;
     points 1 and 2 are exceeded.
                                     - the measures envisaged or taken to
                                       prevent the thresholds in Annex I.
                                       points 1 and 2. being exceeded.
2. Where the warning threshold in    2. Where the warning threshold in
   Annex I, point 3 is exceeded,     Annex I, point 3, is exceeded, Member
   Member States shall Inform the    States shall inform the Commission no
   Commission no later than seven    later than seven days following the
   days following the period in      period in question of:
   question of:
   - the date of the occurrence;     - the date of the occurrence;
   - the duration of the             - the duration of the occurrenoe;
     cjocurrence;                    - the maximum hourly concentration
   - the maximum hourly                recorded during this period;
     concentration recorded during   - measures envisaged or taken to
     this period.                      restrict concentrations of Qg.
   Where possible, this information (...) This information should be
   should be supplemented by         supplemented by relevant data
   relevant data concerning sources concerning sources of precursors and
   of precursors and weather         weather conditions which might explain
   conditions which might explain    the reasons for the occurrence.
   the reasons for the occurrence.
 ---pagebreak---                                    - 7
3. Where the data referred to in
   paragraphs 1 and 2 above are
   available in the Member States
   for periods preceding the date
   referred to in Article 9 of this
   Directive, Member States shall
   send them to the Commission at
   the latest when they send the
   data relating to the first
   reference period.
Article 7
Member States and the Commission
shall regularly exchange
information conOerning:
-  the data collected under this
   Directive;
- measures taken or planned and
   programmes established by the
   Member States to Improve air
   quality;
- experience and knowledge
   concerning the problem of
   photochemical pollution.
                                     Article 7a
                                     The Member States shall lhfbrm the
                                     Commission of the means they propose
                                     to use to reduce Ozone precursors In
                                      'eneral and volatile organic compounds
                                     iVOC) and oxides of nitrogen (MQx) in
                                     particular to an acceptable level.
 ---pagebreak---                                    - 8 -
Article 8                            Article 8
On the basis of the information      On the basis of the information
collected, the Commission shall      collected and notably those Obtained
submit to the Council no later than  under the terms of article 7b above.
[1 July 1997] a proposal on the      the Commission shall submit to the
control of air pollution by O3,      Council no later than [1 July 1997] a
including In particular limit        proposal on the control of air
values for O3 concentrations in      pollution by O3, including in
the air and time limits for          particular limit values for O3
compliance therewith.                inol aiding in particular limit values
                                     for O3 concentrations In the air and
                                     time limits for compliance therewith.
Article 9                            and the measures to be taken to reduce
                                     air pollution by Og.
Member States shall bring into
force the laws, regulations and
administrative provisions necessary
to comply with this Directive no
later than [31 December 1992].
They shall forthwith Inform the
Commission thereof.
When Member States adopt such
provisions, they shall contain a
reference to this Directive or
shall be accompanied by such a
reference at the time of their
official, publication. The
procedures for making such a
reference shall be laid down by the
Member States.
Article 10
This Directive is addressed to the
Member States.
Done at Brussels,
        For the Council
        The President
 ---pagebreak---                                    - 9 -
              A N N E X I
Thresholds for ozone concentrations
in the fyiT*^-
(The values are expressed In ug
63/m3. The volume must be
standardized at the following
conditions of temperature and
pressure: 293* K and 101.3 kPa).
1 - Health protection threshold
(Lengthy exposure)
110 vg/m3 for the mean value over
eight hours 2
2 - Vegetation protection
thresholds
200 ug/m3 for the mean value over
one hour
65 ug/m3 for the mean value over
24 hours
5 - Health protection warning value
(Short exposure)
175 ug/m3 for the mean value over
one hour
1   Concentrations must be measured continuously.
2   The mean over eight hours is a simple moving average calculated each
    hour h from the eight hourly values between h and h-9.
 ---pagebreak---                                    - 10 -
            ANNEX       II
Monitoring of ozone concentrations
1. The purpose of measuring ozone
concentrations in ambient air is to
assess:
 (i) as closely as possible the
      Individual risk of exposure of
      human beings to values In
      excess of the health
      protection thresholds;
(11) the exposure of vegetation
      (e.g. forests, natural
      ecosystems, crops) to the
      values given in Annex I.
2. The measurement points shall be   2. An adequate number of measurement
located at geographically and        points shall be located at
ol 1 matologlcal ly representative    geographically and cllmatologicallY
sites where:                         representative sites where:
 (i) the risk of approaching or
      exceeding the thresholds in
      Annex I is the highest;
(ii) it is likely that one of the
      targets mentioned in
      paragraph 1 is exposed.
At places where the Member States
do not have information concerning
the sites mentioned under (1) and
(il), they shall carry out
indicative measurement programmes
in order to determine the siting of
the measurement points to supply
the data necessary for the
application of this Directive.
 ---pagebreak---                                    - 11 -
3. Member States shall establish
additional measurement points in
order:
 (i) to contribute towards the
     identification and description
     of the formation and transport
     of ozone and its precursors;
(ii) to monitor changes in ozone
     concentrations in areas
     affected by background
     pollution.
                                     Hi)   to Identify concentrations or
                                           sources of natural emissions.
Parallel measurement of              In the measurement stations mentioned
pho1xx}hemioal precursors (oxides of In points 1 and 2 above, the
nitrogen, volatile organic           concentrations of oxides of nitrogen
compounds) is recommended in order   and, if possible, those of organic
to make it possible to identify      compounds will be measured in parallel
links between the different          with Og in order to make it possible
pollutants.                          to Identify links between the
                                     different pollutants.
4. The final reading of the
measurement instruments must be
carried out in such a way that the
mean values over one hour and eight
hours can be calculated, in
accordance with the provisions of
Annex III.
 ---pagebreak---                                    - 12 -
          ANNEX        III
Calculation of the measurement
results for the annual reference
period
1. Concentrations must be measured
   continuously.
2. The annual reference period
   shall begin on 1 January and end
   on 31 December in any given
   calendar year.
3. For the validity of the
   calculation of the percentiles*
   to be recognized, 75% of the
   possible values must be
   available and, as far as
   possible, distributed uniformly
   throughout the period in
   question for the particular
   measurement site. If that is not
   the case, this fact must be
   mentioned when the results are
   communicated.
   The calculation of the 50th
   (98th) percentile on the basis
   of the values recorded
   throughout the year shall be
   carried out as follows: the
   50th (98th) percentile must be
   calculated from the values
   actually measured. The measured
   values shall be rounded off to
   the nearest ug/m3. All the
   values are to be listed in
   increasing order for each site:
     Xl^Xg^Xg^             ±Xk
±       ± %-U. %
The 50th (98th) percentile is the
value of k, to be calculated from
the following formula:
         k - 0.50 (0.98).N
N being the number of values
actually measured. The value of
0.50 (0.98).N shall be rounded off
to the nearest whole number.
    The median shall be calculated as the 50th percentile,
 ---pagebreak---                                    - 13 -
           A N N E X    IV
The information set out below must
be circulated on a sufficiently
large scale as soon as possible to
enable the public to take all
appropriate preventive protective
action.
Standard text for informing the
public about a high level of ozone
in the air
Situation
Today,1 at           hrs,
significant concentrations of ozone
in the air were recorded.
At the following measurement
points:
concentrations in excess of
 175 ug/m3 (European warning
value) were recorded.
The details of the recorded values
are as follows:
               Station       Time      Concentration
                                       (hourly mean)
 Forecast:
 Since no significant change in
 weather conditions is foreseeable
 in the next few days, significant
 concentrations can still be
 expected tonight/tomorrow/this
 weekend between          hrs and
         hrs
                   or
 The most recent weather forecasts
 indicate an Improvement in the
 situation by          hrs/ within
        days.
     Where information is provided in newspapers a reference to the previous
     day may be added.
 ---pagebreak---                                    - 14
Precautions:
   As a precaution, those people     - As a precaution, those people who
   who are particularly at risk         are particularly at risk from air
   from air pollution (children,        pollution (children, the elderly,
   the elderly, people with             people with respiratory problems,
   respiratory problems, etc.)          etc.) and persons particularly
   should avoid unaccustomed            sensitive to ozone should avoid
   physical effort and all outdoor      unaccustomed strenuous physical
   exercise during the next             activity outdoors during the next
   hours.                               ... hours.
   In general, it is recommended
   that sustained physical effort
   Ce.g. jogging) should be avoided
   during this period.
   For the public in general, it is
   recommended that all physical,
   effort should be avoided. A
   number of symptoms such as eye
   irritations, headaches,
   respiratory difficulties and a
   reduction in physical capacities
   may occur.1
                                     Counter-measures
                                     While Og concentrations continue to
                                     exceed permissible levels, the
                                     following measures shall be taken to
                                     restrict Qg in the atmosphere:
    This paragraph is to be added in the event of concentrations in excess
    of 350 ug/m3.
 ---pagebreak---                                     - 15 -
                                ANNEX        V
Reference method of analysis t o be used for the purposes of +»^ q TM-nftahira
I . GKNKHAL
The reference method of analysis used to determine ozonefinal!be the
chemi 1 uminesoenoe method. This method Is being standardized by the ISO.
Once the latter has published the standard in question, the method
described therein shall constitute the reference method.
The following points must be taken Into consideration when the measurement
methods and instruments are used by the Member States In the field:
1. The conformity of the operating characteristics of the measurement
    Instrument with those indicated by the manufacturer, In particular
    background noise, response time and linearity, must be verified in the
    laboratory.
2.  The instrument must be totally   calibrated regularly, using ad hoc
    preconditioned standard gases.
    The potassium iodide method or   the method based on gas titration using
    ND as reagent Is to be used in   parallel In the laboratory to analyse
    the O3 content of the standard   gases and/or the accuracy and
    precision of the other methods   of measurement provided for in Article 4
     (double-checking principle).
    Special care must be taken with regard to Interferences Inherent In the
    method and the instrument in order to optimize flow rates and guarantee
    the condition of the apparatus during the calibration procedure.
3.  In the field, the instruments must be calibrated regularly, e.g. every
    23 or 25 hours.
    In addition, the validity of the calibration must be verified by
    regularly operating in parallel an instrument calibrated in accordance
    with paragraph 1.
    If the instrument Inlet filter is changed before calibration,
    calibration must be carried out after an appropriate period of exposure
    (from 30 minutes to several hours) of the filter to ambient O5
    concentrations.
4.  The sampling head must be placed at least 1 m away from buildings In
    order to avoid any screening effect.
5. The sampling head opening must be protected against rain and insects.
    No prefilter is to be used.
 ---pagebreak---                                        16 -
6.  Sampling must not be influenced by adjoining installations (the
    air-conditioning or data-transmission equipment).
7. The sampling line must be of inert material (e.g. glass, PTFE,
    stainless steel) which is not affected by the presence of O3.
    It must be exposed beforehand to appropriate O5 concentrations.
8. The sampling H T V * between the sampling hea^i and the analysis Instrument
    must be as short as possible. In particular, the time taken for the
    gas volume sample to pass through the sampling line must be as short as
    possible (e.g. of the order of a few seconds in the presence of other
    reagents such as NO).
9.  Condensation In the sampling line must be avoided.
10. The sampling line must be cleaned regularly, taking local conditions
    Into account.
11. The sampling line must be tight and the flow rate must be Inspected
    regularly.
12. Sampling must not be influenced by gas discharges from the instrument
    or from the calibration system.
13. All necessary precautions must be taken to prevent temperature
    variations from producing measurement errors.
 ---pagebreak---                                                                      ISSN 0254-1475
                                                              COM(92) 236 final
                                                       DOCUMENTS
EN                                                                              14
                           -i—*
                                Catalogue number t CB^CO-92-244-EN-C
                                                             ISBN 92-77-44764-8
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