CELEX: 51995PC0468
Language: en
Date: 1995-11-28
Title: Amended proposal for a COUNCIL DECISION establishing a reciprocal exchange of information and data from networks and individual stations measuring ambient air pollution within the Member States

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                  Brussels, 28.11.1995
                                                  COM(95) 468 final
                                                  94/0194 (SYN)
                               Amended proposal for a
                               COUNCIL DECISION
                                     establishing
a reciprocal exchange of information and data from networks and individual stations
measuring ambient air pollution within the Member States
             (presented by the Commission pursuant to Article 189 a (2)
                                 of the EC-Treaty)
 ---pagebreak---  ---pagebreak---                           EXPLANATORY MEMORANDUM
In accordance with the first paragraph of Article 130a of the EC Treaty, the Council
consulted Parliament on the proposal for a Decision establishing a reciprocal exchange
of information and data from networks and individual stations measuring ambient air
pollution within the Member States (COM(94) 345 final - 90/0194 (SYN)). During its
June 1995 plenary part-session, the European Parliament approved 11 amendments, 10
of which were accepted by the Commission either wholly or in part.
The following comments relate to the various amendments approved and rejected.
Amendments accepted by the Commission
Amendment 18, amending the title of the proposal, simplifies it while still covering the
objective of the Decision; in practice, the new name will be easier to use.
Amendments 2, 9 and 20 (first part) introduce a distinction between the pollutants which
will be covered by the Directives on ambient air quality, for which the exchange of
information is compulsory, and those which are not covered and for which the exchange
of information is required only to the extent that these pollutants are measured in
Member States. However, the second part of Amendment 2 is not accepted because it
refers to an obligation to measure substances at a later stage whereas this Decision covers
only the exchange of information. The obligation to carry out measurements is, or will
be, covered by the Ambient Air Quality Directives. For the same reason, the reference
to measurements in the title of Amendment 9 is rejected.
Amendments 3 and 6 relate to the obligation to make available to the general public the
data concerned and the software which makes it possible to consult the data bases. These
amendments are in line with the Commission's policy on transparency and public access
to information. However, to avoid setting up a complex and costly system, the
Commission wishes to use simple means to achieve this end.
Amendments 19 and 8 (first part) amend the dates on which the proposed legislation
enters into force and are consistent with the present situation.
Amendment 7 concerns the preparation of reports on the trends in air quality within the
EU and on the breaching of EU limits. The publication of such data for public
consumption is certainly necessary and useful; nevertheless, such publication must not
 duplicate the work being carried out pursuant to the Ambient Air Quality Directives,
which also require reports to be drawn up.
 ---pagebreak--- The principle of reviewing the system after it has been in place for a certain time, as
proposed in Amendment 8 (second part), is completely justified; it enables a beneficial
dynamic process to be initiated. However, the proposed period of two years is too short
to provide a proper overview of the situation; the Commission considers that five years
would be a more appropriate period.
Other amendments which have been accepted in whole or in principle represent
operational improvements or useful additions (Amendment 10, second part, and
Amendment 11).
Amendment rejected by the Commission
Amendment 5 stipulates that all the measuring stations in the Member States must take
part in the exchange of information. This does not meet the objective of the proposal,
which is to make available a representative body of data. This amendment is unacceptable
because it would mean a considerable and useless increase in the amount of data to be
transmitted and stored, and there is no guarantee whatsoever that this mass of information
would be used. In practice, it would mean a duplication at Community level of the data
bases which exist at national level.
In accordance with Article 189a (2) of the EC Treaty, the Commission hereby amends
as follows its proposal for a Decision establishing a reciprocal exchange of information
and data from networks and individual stations measuring ambient air pollution within the
Member States, so as to include the accepted amendments in its new proposal.
 ---pagebreak---                 Original text                                  Amended text
                                     Amendment 18
                                           Title
Proposal for a Council Decision                  Proposal for a Council Decision
establishing a reciprocal exchange of            on the measurement of. and exchange of
information and data from networks and           information on^ ambient air pollution.
individual stations measuring ambient
air pollution within the Member States.
                                      Amendment 2
                                        Article 2
The reciprocal exchange shall cover the          The reciprocal exchange shall cover all
pollutants listed in Annex 1 to the extent       the pollutants listed in Annex 1.
that they are measured in the                    Member States shall be obliged to supply
Member States.                                   the data and information covered by the
                                                 Ambient Air Quality Directive and listed
                                                 in Annex 1.1. Member States shall be
                                                 required to supply data and information
                                                 for the pollutants in Annex 1.2 to the
                                                 extent that they are currently measured
                                                 in Member States.
                                      Amendment 3
                                       Article 4 (2)
The Commission will make available to            The Commission shall make available to
the Member States computer files                 the Member States and the latter shall
containing the information already               make available to the general public
collected by its departments on the              computer files containing the information
subject and software enabling them to be         already collected by its departments on
used and updated.                                the subject, and software enabling them
                                                 to be used and updated.
 ---pagebreak---                                       (Amendment 19)
                                         Article 4 (3)
The Member States shall correct, amend             The Member States shall correct, amend
and/or supplement that information. The            and/or supplement that information. The
updated computer files shall be sent to            updated computer files shall be sent to
the Commission each year by 1 October              the Commission each year by 1 October
at the latest; the first sending shall take        at the latest; the first sending shall take
place by 1 October 1994.                           place on 1 October 1995.
                                       (Amendment 6)
                                         Article 5 (6)
The Commission shall prepare each year              The Commission shall prepare each year
a technical report on the results collected         a technical report on the results collected
and shall make available to the                     and shall make available to the
Member States the updated "results" data            Member States the updated "results" data
base.                                               base. This data shall be made available
                                                    by the Member States to the public on
                                                    request using an appropriate medium.
                                       (Amendment 7)
                                     Article 5(7a) (new)
                                                    The Commission or EEA shall prepare a
                                                    general report which Member States shall
                                                    make available for public consumption
                                                    summarizing the collected data and
                                                    outlining the underlying trends in the EU
                                                    for air quality. The report shall also
                                                    contain a summary of the information
                                                    gathered as a result of the
                                                    implementation of the Directives on
                                                    Ambient Air Quality.
                                       (Amendment 8)
                                           Article 9
 This Decision shall apply with effect              This Decision shall apply with effect
 from 1 October 1994.                                from 1 October 1995. It shall be
                                                     reviewed five years after this date.
 ---pagebreak---                                     (Amendment 9)
                                       Annex 1.1
List of pollutants, recommended averaging        List of pollutants covered bv the Ambient
times, statistical parameters and units of       Air Quality Directives in respect of which the
measurement.                                     reciprocal exchange of information is
                                                 compulsory.
POLLUTANT                       AVERAGE
                                OVER             POLLUTANT                    AVERAGE
 1. SO, Sulphur dioxide              24 h                                     OVER
2. AF Strong acidity                 24 h        S0 2    sulphur dioxide               24 h
        (expressed in S 02 equivalent)           SPM suspended particulate matter 24 h
3. SPM suspended particulates                    BS      black smoke                   24 h
                 (total)             24 h        03      ozone                           1h
4. PM10 suspended part. (<10^m)        24 h      N0 2 nitrogen dioxide                   1h
5. BS black smoke                    24 h        NOx nitrogen oxides                     1h
6. 03 ozone                            1h                (expressed in N0 2 equivalent)
7. NO2 nitrogen dioxide                1h        CO      carbon monoxide                 1h
8. MOx nitrogen oxides                 1h        Pb      lead                          24 h
        (Expressed in NO* equivalent)            Cd      cadmium                       24 h
9. CO carbon monoxide                  1h        Ni      nickel                        24 h
 10. H2S hydrogen sulphide           24 h        As      arsenic                       24 h
 11. Pb lead                         24 h        QH 6 benzene                          24 h
 12. Hg mercury                      24 h        PAH polyaromatic hydrocarbons 24 h
 13. Cd cadmium                      24 h                (Benzo-a-Pvrene (BaP) as indicator)
 14. Ni nickel                       24 h                Fluoride
 15. Cr chromium                     24 h
 16. Mn manganese                    24 h
 17. As arsenic                      24 h
 18. CS, carbon disulphide
 19. C6H( ; benzene                  24 h
20. CJk-CH, toluene                  24 h
 21. aH<CH-CH, stvrene               24 h
 22. CH,-CH-CN acrvlonitrile         24 h
 23. HCHO Formaldehyde                 1h
 24. C2HC13 trichloroethvlene        24 h
 25. CoCl,) tetrachloroethylene      24 h
 26. CH,CL dichloromethane 24 h
 27. BaP benzo(a)pvrene              24 h
 28. PAH poly aromatic hydrocarbons 24 h
 29. VC vinyl chloride               24 h
 30. COV (NM) volative organic       24h
      comp. (total non-methane)
 31. COV m vol. org, comp. (total) 24 h
 32. PAN peroxvacetvl nitrate          1h
 33. N-dep. wet nitrogen deposition 1 month
         (N equivalent)
 34. S-dep. wet sulphur deposition 1 month
         (S equivalent)
 ---pagebreak--- (Amendment 10)
  Annex 1.2.
    (New)
             List of pollutants in respect of which
             measurement and the reciprocal exchange are
             required to the extent that they are currently
             measured in Member States
             POLLUTANT                    AVERAGE
                                          OVER
             AF Strong acidity                     24 h
             (expressed in S02 equivalent)
             PM10 suspended part. (<10^m)          24 h
             H,S hydrogen sulphide                 24 h
             H g mercury                           24 h
             Cr chromium                           24 h
             Mn manganese                          24 h
             CS; carbon disulphide                   IL
             CA-CTL toluene                        24 h
             CJLCH-CH, styrene                     24 h
             CH.-CH-CN acrylonitrile               24 h
             HCHO formaldehyde                       1 h
             C2HC1? trichloroethylene              24 h
             G>Ch tetrachloroethylene              24 h
             CH2C12 dichloromethane                24 h
             BaP benzo(a)pyrene                    24 h
             VC vinyl chloride                     24 h
             COV (NM) volatile organic             24h
                  comp. (total non-methane)
             COV (T) vol. org, comp. (total)       24 h
             PAN peroxyacetvl nitrate
             N-dep. wet nitrogen deposition        1 month
                     (N equivalent)
             N-dep. wet sulphur deposition         1 month
                     (S equivalent)
                     Butadienne averaged over 24 h
 ---pagebreak---                                        (Amendment 11)
                              Annex 2. II.2.1. first three indents
- Wide street with                                       Wide street with
                                                           heavy volume of traffic (in excess of 30 000
                                                           vehicles a dav)
    large volume of traffic (in excess of 10 000           large volume of traffic (between 10 000 and
    vehicles a day)                                        30 000 vehicles a day)
    moderate volume of traffic (between 2 000              moderate volume of traffic (between 2 000
    and 10 000 vehicles a day)                             and 10 000 vehicles a day)
    low volume of traffic (less than 2 000                 low volume of traffic (less than 2 000
    vehicles a day)                                        vehicles a day)
    pedestrian area                                        pedestrian area
  Narrow street with                                     Narrow street with
                                                           heavy volume of traffic (in excess of 30 000
                                                           vehicles a dav)
    large volume of traffic (in excess of 10 000           large volume of traffic (between 10 000 and
    vehicles a day)                                        30 000 vehicles a day)
    moderate volume of traffic (between 2 000              moderate volume of traffic (between 2 000
    and 10 000 vehicles a day)                             and 10 000 vehicles a day)
    low volume of traffic (less than 2 000                 low volume of traffic (less than 2 000
    vehicles a day)                                        vehicles a day)
    pedestrian area                                        pedestrian area
  Canyon street with                                     Canyon street with
                                                           heavy volume of traffic (in excess of 30 000
                                                           vehicles a dav)
    large volume of traffic (in excess of 10 000            large volume of traffic (between 10 000 and
    vehicles a day)                                         30 000 vehicles a day)
    moderate volume of traffic (between 2 000               moderate volume of traffic (between 2 000
    and 10 000 vehicles a day)                              and 10 000 vehicles a day)
    low volume of traffic (less than 2 000                  low volume of traffic (less than 2 000
    vehicles a day)                                         vehicles a day)
    pedestrian area                                         pedestrian area
 ---pagebreak---                                                                    ISSN 0254-1475
                                                             COM(95) 468 final
                                               DOCUMENTS
EN                                                                            14
                                     Catalogue number : CB-CO-95-510-EN-C
                                                              ISBN 92-77-94127-8
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