CELEX: 51991PC0220
Language: en
Date: 1991-06-24
Title: PROPOSAL FOR A COUNCIL DIRECTIVE ON AIR POLLUTION BY OZONE

COMMISSION OF THE EUROPEAN COMMUNITIES
                                   C0M(91) 220 final
                                   Brussels, 24 June 1991
                    Proposal for a
                  COUNCIL DIRECTIVE
                          CM
                AIRPOimrCN HT O0ONE
            (presented by the Commission)
 ---pagebreak---                            EXPLANATORY MEMORANDUM
l. mtrodufltiûû
Air quality problems have been tackled at Community level since the 1980s.
Since then the presence in the air of a number of recognized pollutants
(SOg, particulates, Pb and NOg) has been regulated.
At the present time, however, the problem of air pollution by photochemical
oxidants* is regarded as one of the major environmental problems of the
turn of the oentury.
The concentrations of photo-cxidants in general and ozone in particular
recorded in Europe are a source of concern because they have adverse
effects on:
    human health: causing eye irritations, headaches, respiratory
    difficulties;
    nature: slowing down or disturbing plant growth;
    materials: damaging buildings (paint, polymers, etc.).
Ozone concentration measurement in Europe is of recent origin and is far
from being general practice in all Member States; the measurement networks
in place at present do not guarantee optimum and complete monitoring of the
levels of ozone in the air; moreover, the information available does not
allow an accurate overall assessment of the problem. Also, the mechanisms
involved in the phenomena in question are multifarious, complex and at
present inadequately understood.
The Commission would therefore like to see action taken to monitor ozone,
collect and exchange Information and inform the public Only in this way
will it be possible to obtain a better understanding of the problem,
formulate rational plans of action, decide upon the most suitable measures
to be taken and identify the sources to be addressed.
    Also known as photo-oxidants. Ozone (O3) is the main jtooto-oxidant
    among all the oompounds in this category.
 ---pagebreak---                                         - 2-
2. A O U O D to ormrnt,tfinfrocftpnlorflpollution
At Oommunity level a series of measures are in progress or in preparation
to reduce emissions of a number of souroes of air pollutants and in
particular the precursors of ozone (oxides of nitrogen and volatile organic
oompounds). These measures oonoern both stationary souroes (large
oombustion plants) and mobile souroes (oars/lorries).
Given that it takes several years to Implement these measures in the
Member States (in view of transposition times, gradual application and the
replacement rate), it is proposed that initially the impact of these
measures on ozone levels in Europe should be monitored. During this first
stage, and in view of the difficulty of monitoring emissions of other
souroes of less significant precursors, it is preferable to leave it to
each Member State to take the initiative with regard to other emission
reductions for other industrial sectors. These additional measures could
be optimized during a second stage.
3.   l*wwrt«rtK1« nrwren+raMrffW n f f ^ in thft * 1 r
The World Health Organization (WHO) reoommends that, in order to protect
first of all human health and then vegetation, the following values for
O3 concentration levels in the air should not be exceeded:
   Criterion                  Exposure                   Recommended
                               (hours)                 concentrations
                                                           (ug/m3)
   Health                         1                       150-200
                                  8                        100-120
   Vegetation                     1                          200
                                 24                          65
                          Growing period                      60
                             (100 days)
The thresholds set in this Directive are based on these values.
 ---pagebreak---                                         - 3-
4.     ttmltnHTg   «nnhftngft r^f l^nnnmtlrm «nd ramlrg «ygt/m f o r a i r
      pollution ïg o?.onft
The ozone levels now recorded in Europe are regularly above the values
recommended to guarantee the protection first of all of health and then of
ecosystems; the current state of knowledge of this problem does not allow
a date to be set from which these recommendations could be met. It would
therefore be premature to set objective and binding limit values for ozone
concentrations in the air at present.
It Is, however, possible now to launch at Community level a number of
measures designed to improve our understanding of the problem of O3
pollution and to limit the impact on human health of episodes of heavy O3
concentrations. The measures envisaged are as follows:
4.1 Monitoring
It is proposed that the Member States should set up new or supplement
existing networks for the measurement of O5 in ambient air; a number of
station-siting criteria set out in Annex II have to be met.
A reference method for measuring ozone Is proposed, tut any other method Is
permissible, subject to proof of equivalence.
4.2 Tftrtnngft of Information,
Some of the data collected in the context of this monitoring will be
exchanged between the Member States and the Commission in order to pool
Individual experience and knowledge and to provide objective information
for a subsequent stage in the control of photochemical pollution. In order
to limit the amount of information to be exchanged, only annual statistics
and values in excess of the thresholds above which there is a risk for
health or vegetation will have to be transmitted.
4 . 3 KaxnlDg_S3Sj£BL
When an ozone pollution episode occurs, it is no longer possible (because
of the nature of the phenomena involved) to reduce concentration levels by
reducing precursor emissions; the Directive therefore seeks to limit the
impact of such episodes on public health by setting up publio information
or warning systems for oases where ozone levels exceed the thresholds above
which there is a health risk. This should enable the publio to take a
number of precautions and preventive measures in the event of pollution
episodes. Such a publio information procedure is also part of the new
approach to access to information on the environment, the principles of
which are laid down in Directive 90/313/EBC.
 ---pagebreak---                                    - 4 -
The thresholds set out in the Directive are reference levels corresponding
to health or vegetation protection requirements in accordance with WHO
recommendations.
6. fiihfiflqu/arrt notion
A second stage is already provided for in this process of combating ozone
pollution: a further proposal setting limit values for O3 in the air,
together with an implementation timetable, will be prepared after five
Years of operation of the procedure envisaged in this proposal. This
subsequent proposal could also be based on other ideas developed In
connection with the Introduction of a new overall approach to the
establishment of air quality Directives. That will be a two-stage
approach: a framework DLreotive will first of all be prepared to oover
general aspects connected with air pollution: objectives pursued, minimum
criteria for the establishment of networks, setting of various types of
limit values corresponding to specific objectives (statutory inspection,
aotivation of warning system, Information, e t c ) , frequency of transmission
of Information; following this general Directive, specifio Directives are
envisaged: they will oonoern specifio pollutants and will be limited tc -,
small number of provisions (numerical concentration limit values,
measurement methods, e t c ) .
 ---pagebreak---                                    _ 1-
Proposai for a Council Directive on air pollution by ozone
THE COUNCIL OF THE EUROPEAN CEMMONITIES,
Having regard to the Treaty establishing the European Economio 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 Eoonomio 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 health, ozone concentrations in the air
should be limited; whereas the scientific and technical Information
available and knowledge of the formation and transport of photochemical
pollutants does not make it possible at present to adopt limit values for
those concentrations;
Whereas, however, as ocmplete a knowledge as possible of ozone pollution
levels is required in all Member States;
Whereas to obtain this knowledge it is necessary to set up measurement
stations to provide data on ozone conoentrations 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;
1   CJ No C 328, 7.12.1989. p. 1.
2   OJ No L 120, 11.5.1990, p. 1.
 ---pagebreak--- Whereas the setting of warning levels at which precautions should be taken
by the publio 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
Organization (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 photochemical
precursors and establish in the future new provisions concerning ozone and
air quality,
HAS ADOPTED THIS DERBCTIVE:
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 publio 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 threshold" 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 O3 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---                                     - 3
 Article 2
Each Member State shall designate at national level a central body to
Implement the procedure set out In Article 1 point 1, and shall
forthwith Inform the Commission thereof.
 Article 3
 Member States shall establish measuring stations to supply the data
 necessarY for the application of this Directive. Such stations must meet
 the specifications In Annex II.
 Article 4
 1.  For the measurement of O3 conoentrations, 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 shall 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 intercomparisons
     between laboratories taking part in the collection and analysis of the
     data.
 2.  Once the measuring stations have been established, Member States shall
     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.  The Commission may organize, on a Community scale, inteixDomparison
     programmes between central laboratories.
 ---pagebreak---                                      - 4 -
Article 5
Member States shall make the necessary arrangements for Informing the
public by the most appropriate means (radio, television, newspapers)
where the warning value given In Annex I, point 3 is exceeded. The data
to be diffused is that be found on the text contained in Annex IV.
Article 6
1. As from [1 January 1994], Member States shall provide the Commission
     with the following information no later than three months following the
     annual reference period:
          the maximum, the median and the 98th percentile of the mean values
          over one hour and eight hours recorded during the year in each
          measuring station; the percentiles shall be calculated in
          accordance with the method given in Annex III;
          the number, date and duration of periods during which the
          thresholds in Annex I, points 1 and 2 are exceeded.
2. Where the warning threshold in Annex I, point 3 is exceeded,
     Member States shall inform the Commission no later than seven days
     following the period in question of:
          the date of the occurrence;
          the duration of the occurrence;
          the maximum hourly concentration recorded during this period.
     Where possible, this information should be supplemented by relevant
     data concerning sources of precursors and weather conditions which
     might explain the reasons for the occurrence.
 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
 concerning:
      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 photocheml cal
     pollution.
 ---pagebreak---                                    - 5 -
Article 6
On the basis of the information collected, the Commission shall submit to
the Council no later than [1 July 1997] a proposal on the control of air
pollution by O3, including in particular limit values for O3
conoentrations in the air and time limits for compliance therewith.
Article 9
Member States shall bring into foroe the laws, regulations and
administrative provisions necessary to comply with this DLreotlve 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 1Q
This DLreotlve is addressed to the Member States.
Done at Brussels,
                                FOr the Council
                                The President
 ---pagebreak---                                        - 6 -
                                  ANNEX        I
              7ÎWftn™ff for Q7i0nft concentrations In tfo   ^Tl
(The values are expressed In ug 03/m3. The volume must be standardized
at the following conditions of temperature and pressure: 293* K and
101.3 kPa).
                           Wft
                      I -     *ltfr protection threshold
                                (Lengthy exposure)
               110 ug/m3 for the mean value over eight hours 2
                    2 - Vegetation protection thrfifihOld^
                 200 ug/m33 for the mean value over one hour
                 65 ug/m for the mean value over 24 hours
                    g - Health protection warning value
                                 (Short exposure)
                 175 ug/m3 for the mean value over one hour
1   Conoentrations 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---                                     - 7 -
                                ANNEX        II
                      Monitoring of ozone, concentrations.
1. The purpose of measuring ozone concentrations in ambient air Is to
assess •
 (1)     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 located at geographically and
olimatologioally representative sites where:
 (1)     the risk of approaching or exceeding the thresholds in Annex I is
         the highest;
(11)     it is likely that one of the targets mentioned in paragraph 1 is
At places where the Member States do not have Information oonoernlng the
sites mentioned under (i) and (11), 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.
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;
(11)     to monitor changes In ozone concentrations In areas affected by
         background pollution.
Parallel measurement of photochemical precursors (oxides of nitrogen,
volatile organic compounds) is recommended in order to make it possible 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 H I .
 ---pagebreak---                                       - 8-
                                 ANNEX        III
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 (96th) percentile on the basis of the
    values recorded throughout the year shall be carried out as follows:
    the 50th (96th) 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:
                Xj JL Xg j. Xg _<.     .iXfcjl    - %-1-i %
The 50th (96th) percentile is the value of k, to be calculated from the
following formula:
                                k - 0.50 (0.96).N
N being the number of values actually measured. The value of 0.50 (0.98).K
shall be rounded off to the nearest whole number.
    The median shall be calculated as the 50th percentile.
 ---pagebreak---                                        -9-
                                  ANN BX       IV
The information set out below must be circulated on a sufficiently large
scale as soon as possible to enable the publio to take all appropriate
preventive protective action.
                       Standard text for Informing the public
                      about a high level of ozojtt In thft ajj
Situation
Today,1 at             hrs, significant concentrations of ozone in the air
were recorded.
At the following measurement points:
conoentrations 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)
FftTflOrtfrtii
Since no significant change in weather conditions is foreseeable in the
next few days, significant conoentrations can still be expected
tani^t/tomorrow/this weekend between               hrs and       hrs
                                         or
The most recent weather forecasts Indicate an ijaprovement in the situation
by             hrs/ within ...... days.
      Where information Is provided In newspapers a reference to the previous
      day may be added.
 ---pagebreak---                                     - 10 -
Precautions:
    As a précaution, those people who are particularly at risk from air
    pollution (children, the elderly, people with respiratory problems,
    eto. ) should avoid unaooustomed physical effort and all outdoor
    exercise during the next          hrs.
    In general, it is recommended that sustained physical effort (e.g.
    Jogging) should be avoided during this period.
    For the publio in general, it is recommended that all physical effort
    should be avoided. A number of symptoms such as eye irritations,
    headaches, respiratory1 difficulties and a reduction in physical
    capacities may occur.
    This paragraph is to be added in the event of concentrations in excess
    of 350 vg/mu.
 ---pagebreak---                                    - 11 -
                               ANNBX       V
The reference method of analysis used to determine ozone shall be the
chemiluminesoenoe 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 oonsl deration 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 acLbQQ
    preconditioned standard gases.
    The potassium iodide method or the method based on gas titration using
    NO 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 O3
    concentrations.
4. The sampling head must be plaoed 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 prefllter is to be used.
 ---pagebreak---                                    - 12 -
6.  Sampling must not be influenced by adjoining installations (the
    aix-oonditioning or data-transmission equipment).
7. The sampling U n e must be of inert material (e.g. glass, PTFE,
    stainless steel) which is not affected by the presence of Q3.
    It must be exposed beforehand to appropriate O3 conoentrations.
8. The sampling line between the sampling head 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 U n e 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---           FICHE D'IMPACT SUR LA COMPETITIVITE ET L'EMPLOI
I.   Quelle est la Justification principale de la mesure?
     Il s'agit d'initial Iser sur le pian communautaire une série
     d'actions en matière de pollution atmopshérIque par l'ozone. A
     l'heure actuelle la pollution photochImlque, à laquelle l'ozone
     contribue de manière Importante, constitue un problème sérieux;
     les concentrations en ozone observées en Europe peuvent
     présenter des risques pour la santé et la végétation.
II.  Caractéristiques des entreprises concernées. En particulier:
     Les PME ne sont pas directement concernées.
     a) Y a-t-ll un grand nombre de PME?
     b) Note t-on des concentrations dans des réglons?
           - éllglbles aux aides régionales des Etats membres?
           - éllglbles au FEDER?
III. Quelles    sont   les  obligations   Imposées   directement  aux
     entreprises?
     Aucune
IV.  Quelles sont les obligations susceptibles d'être Imposée?
      Indirectement aux entreprises via les autorités locales?
     Sans objet
V.   Y a-t-ll des mesures spéciales pour les PME? Lesquelles?
     Non
VI.  Quel est l'effet prévisible?
      a) sur la compétitivité des entreprises
      aucun effet
      b) sur I'emploi
     aucun effet
VII. Les partenaires sociaux ont-Ils été consultés? Quels sont leurs
      avis?
     Pas applicable dans le cadre de cette proposition.
 ---pagebreak---                                                                      ÏSSN 0254-1475
                                                              COM (91) 220 final
                                                      DOCUMENTS
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                                                             ISBN 92-77-73533-3
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