CELEX: 51996PC0311
Language: en
Date: 1996-06-24
Title: Re-examined proposal for a COUNCIL DIRECTIVE on AMBIENT AIR QUALITY ASSESSMENT AND MANAGEMENT

COMMISSION OF THE EUROPEAN COMMUNITIES
                                     Brussels, 24.06.1996
                                     COM(96)311 final
                                    94/0106 (SYN)
                Re-examined proposal for a
                 COUNCIL DIRECTIVE
                            on
                AMBIENT AIR QUALITY
          ASSESSMENT AND MANAGEMENT
(presented by the Commission pursuant to Article 189 c (d)
                    of the EC Treaty)
 ---pagebreak---  ---pagebreak---                             EXPLANATORY MEMORANDUM
On 4 July 1994, the Commission adopted a "Proposal for a Council Directive on ambient
air quality assessment aad management".
The Economic and Social Committee delivered its opinion on 23 February 1995.2
Parliament gave its opinion on the first reading on 16 June 1995.3
On 6 July 1995, the Commission adopted an amended proposal, in accordance with
Article 189a, paragraph 2, of the EC Treaty. This amended proposal included, in whole,
in part or in principle, 24 of the 37 proposed amendments.
On 30 November 1995, the Council adopted a common position on the Commission's
amended proposal.
Par'lament discussed the Council's common position at a second reading on 22 May 1996
and approved it, subject to 23 proposed amendments.
The Commission has examined the amendments proposed by Parliament at its second
reading and has included a number of them in this reexamined proposal.
The Commission's position on each of the amendments approved by Parliament at its
second reading is as follows:
Amendments 1, 2 and 3
These amendments require the introduction of the "critical load concept" which was
developed in the context of United Nations protocols on trans-boundary pollution. This
concept is applicable only to a very limited number of substances (having an acidifying
effect); it is not appropriate for most of the substances covered by the Directive.
Furthermore, the impact of acid depositions largely depends on the types of soil on which
they occur and it varies greatly from one European region to another. Accordingly, this
concept appears to fall outside the scope of the Directive, which deals with concentrations
of pollutants in the ambient air and not with the problem of depositions. Moreover, the
geographical variability of critical loads will make it impossible to set harmonized limit
values throughout the European Union. Consequently, these amendments are not
accepted.
        OJC216, 16.8.1994.
        OJC 110, 2.5.1995, p. 5.
        OJC 116, 3.7.1995, p. 173.
        OJC 28, 13.9.1995, p. 10.
        OJC 59, 28.2.1996, p. 24.
 ---pagebreak--- Amendments 4. 7 (target values). 8 (part 2) and 9
These amendments seek to generalize the concept of "target values". This concept, which
did not appear in the Commission's original proposal, was introduced during discussions
at the Council to enable the problem of air pollution b} ozone to be tackled in the most
appropriate way. In general, the Directive provides for two types of value:
        the limit value, which is legally binding and which must not be exceeded in any
         of the Member States after a certain date. If this value is exceeded, steps must
        be taken to ensure that it is complied with in the future;
        the alert threshold: if this figure is exceeded, the general public must be informed.
Target values constitute long term objectives, and there are no precise and binding
requirements that they should be met. Experience has shown that they were not
operative. Moreover, as in the case of limit values based on objective criteria for health
and environmental protection, it is difficult to understand on what basis such target values
would be set. Finally, the introduction of yet more values and value types does not make
it any easier to inform the general public simply and comprehensibly.
The "target value" concept is acceptable only in the case of ozone in view of the
particular nature of the problem: ozone, being a secondary pollutant, requires special
measures and it is uncertain whether, on the basis of present knowledge, it is possible to
lay down a limit value which can be met in the near future.
Accordingly, these amendments are not accepted.
Amendments 5 and 12
On the basis of these amendments, it is proposed to reduce from 250 000 to 100 000 the
population concentration in excess of which a measurement network must be established,
and to add a third category of zones.
The Directive already lays down that ambient air quality must be assessed - using a
whole range of methods - throughout the territory of the Member States and that
measurement networks must be established in all zones where concentrations exceed or
may exceed the limit values. In addition, there must be a measurement network in all
areas having a population of more than 250 000, whatever the levels of pollution. This
system ensures that concentrations in the ambient air will be assessed everywhere and,
in all cases, measured in areas which have a high population density or a high pollution
level, without obliging small towns which have no pollution problems to introduce and
pay for an unnecessary measurement network.
Industrial areas need not be included since, in most cases, they will be zones within
which levels exceed the limit values.
Accordingly, these two amendments have not been included.
 ---pagebreak--- Amendment 6
This amendment, under which the information collected pursuant to the Directive is to
be made available to the public, is in line with Community policy and is consequently
accepted.
Amendment 10
This amendment seeks to set a time limit of five years for the margin of tolerance for
limit values. The purpose of this margin of tolerance is to allow a period of time within
which measures to reduce concentrations and to comply with limit values can be
implemented. This period may well be different for each substance, given the levels
concerned and the more or less complex nature of the measures to be adopted. Moreover,
if too short a period is laid down, the limit values may be less rigorously complied with.
This amendment is not accepted.
Amendments 8 (part 1). 11 and 14
These amendments bring useful additions to the text of the Directive and will enable it
to be implemented more swiftly and effectively. They are therefore accepted.
Amendments 7 (timetable), 16, 17. 18, 19, 20, 21 and 22
These various amendments are aimed at speeding up the timetable for future directives
on benzene and carbon monoxide and at introducing a third list of substances to be
considered in future.
The principle of these amendments is acceptable, subject to the following reservations:
        the proposed deadline cannot be met in practice: December 1997 is the most
        realistic date for the Commission;
        although it is feasible to consider the possibility of setting quality objectives for
        new substances, it is premature to draw a list of such substances at present.
Amendments 13. 15 and 23
These amendments are not acceptable as they are incompatible with the other provisions
of the Directive.
 ---pagebreak---      Reexamined proposal for a
      COUNCIL DIRECTIVE
               on
    AMBIENT AIR QUALITY
ASSESSMENT AND MANAGEMENT
 ---pagebreak--- Text of the common position               Reexamined proposal
Article 3, second paragraph (new)        Article 3, second paragraph (new)
                                         At the same time that thev supply it to
                                         the Commission, the Member States
                                         shall make the above information
                                         available to the public bv every
                                         appropriate means.
                                         Article 4 (1)
Article 4 (1)
                                         1.      For those pollutants listed in
1.       For those pollutants listed in  Annex I, the Commission shall submit to
Annex I, the Commission shall submit to  the Council proposals for the setting of
the Council proposals for the setting of limit values and, as appropriate, alert
limit values and, as appropriate, alert  thresholds according to the following
thresholds according to the following    timetable:
timetable:                               - no later than 31 December 1996 for
- no later than 31 December 1996 for     pollutants 1 to 5
pollutants 1 to 5                        - in accordance with Article 8 of
- in accordance with Article 8 of        Directive 92/72/EEC for ozone;
Directive 92/72/EEC for ozone;           - no later than 31 December 1997 for
                                         pollutants 7 and 8;
                                         - as soon as possible, and no later than
- as soon as possible, and no later than 31 December 1999, for pollutants 9 to
31 December 1999, for pollutants 7 to.    13.
 13.
                                         Article 4 (2)
Article 4 (2)
                                         2.      The Commission shall be
2.       The Commission shall be         responsible, taking account of the most
responsible, taking account of the most  recent scientific-research data in the
 recent scientific-research data in the   epidemiological and environmental fields
 epidemiological fields concerned and of  concerned and of the most recent
 the most recent advances in metrology,   advances in metrology, for re-examining
 for re-examining the elements on which   the elements on which the limit values
 the limit values and alert thresholds    and alert thresholds referred to in
 referred to in paragraph 1 are based.    paragraph 1 are based.
 ---pagebreak--- Article 4 (7)                               Article 4 (7)
7.      When a Member State intends to      7. When a Member State intends to set
set limit values or alert thresholds for    limit values or alert thresholds for
pollutants not referred to in Annex I and   pollutants not referred to in Annex I and
not covered by Community provisions         not covered by Community provisions
concerning ambient air quality in the       concerning ambient air quality in the
Community, it shall inform the              Community, it shall inform the
Commission thereof in sufficient time to    Commission thereof in sufficient time.
allow examination of the need to act at     The Commission shall be required to
Community level following the criteria      supply, in sufficient time, an answer to
laid down in Annex III.                     the question of the need to act at
                                            Community level following the criteria
                                            laid down in Annex III.
                                            Article 11 (1) (a) (iii)
Article 11 (1) (a) (iii)
                                            Send to the Commission the plans or
Send to the Commission the plans or         programmes referred to in Article 8 (3)
programmes referred to in Article 8 (3)     no later than one year after the end of
no later than two years after the end of    the year during which the levels were
the year during which the levels were       observed;
observed;
                                            Annex I
Annex I
                                            I. Pollutants to be studied at an initial
I.    Pollutants governed by existing       stage, including pollutants governed by
ambient air quality directives              existing ambient air quality directives
                                            II. Other air pollutants
                                            7.   Benzene
7.   Benzene                                8.   Carbon monoxide
8.   Polycyclic aromatic hydrocarbons       9.   Polycyclic aromatic hydrocarbons
9.   Carbon monoxide                        10.  Cadmium
10.  Cadmium                                11.  Arsenic
11.  Arsenic                                12.  Ni compounds classified as
12.  Nickel                                      carcinogens under          Directive
                                                 67/548/EEC
                                            13. Mercury
13. Mercury
                                          Ï
 ---pagebreak---  ---pagebreak---                                                                   ISSN 0254-1475
                                                            COM(96) 311 final
                                              DOCUMENTS
EN                                                                           14
                                    Catalogue number : CB-CO-96-319-EN-C
                                                             ISBN 92-78-05886-6
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