CELEX: 51988PC0436
Language: en
Date: 1988-09-13
Title: PROPOSAL FOR A COUNCIL DIRECTIVE AMENDING DIRECTIVE 80/779/EEC ON AIR QUALITY LIMIT VALUES AND GUIDE VALUES FOR SULPHUR DIOXIDE AND SUSPENDED PARTICULATES

No C 254/6                                Official Journal of the European Communities                                  30. 9. 88
              Proposal for a Council Regulation (EEC) amending Article 4 of Council Regulation (EEC) No
                                                    428/87 of 9 February 1987
                                                          COM(88) 487 final
                                      (Submitted by the Commission on 16 September 1988)
                                                            (88/C 254/07)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                             application of Article 5 of that Regulation in respect of
                                                                     budgetary procedure,
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 235                    HAS ADOPTED THIS REGULATION:
thereof,
                                                                                               Article 1
Having regard to the proposal from the Commission,
                                                                     Article 4 of Regulation (EEC) No 428/87 is hereby
Having regard to the opinion of Parliament,                          amended as follows:
Whereas by Council Regulation (EEC) No . . 788                            'The estimated budgetary cost of implementing the
Burma has been added to the countries eligible under the                  system pursuant to Article 1 should not exceed 65
system of compensation for loss of export earnings for                    million ECU for the five-year period from the
least-developed countries not signatory to the third                      financial year 1987 to the financial year 1991.'
ACP-EEC Convention;
                                                                                               Article 2
Whereas, because of the considerable rise in the fore-
                                                                     This Regulation shall enter into force on the third day
seeable cost of the system as a result of the decision to
                                                                     following that of its publication in the Official Journal of
include     Burma      amongst      the    beneficiaries,    the
                                                                     the European Communities.
Commission proposes that the Council amend Article 4
of Council Regulation (EEC) No 428/87 concerning the                 This Regulation shall be binding in its entirety and
estimated budgetary cost, without prejudice to the                   directly applicable in all Member States.
              Proposal for a Council Directive amending Directive 80/779/EEC on air quality limit values
                                and guide values for sulphur dioxide and suspended particulates
                                                          COM(88) 436 final
                                       (Submitted by the Commission on 20 September 1988)
                                                            (88/C 254/08)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                             vironment put the accent on harmonization of the action
                                                                     taken to protect the environment and on the need to
 Having regard to the Treaty establishing the European               reduce the concentrations of the principal pollutants in
 Economic Community, and in particular Article 130s                  the air to levels considered acceptable for protecting
 thereof,                                                            sensitive ecosystems;
 Having regard to the proposal from the Commission,
                                                                     Whereas Council Directive 80/779/EEC (*), as last
 Having regard       to   the   opinion    of   the   European       amended by the Act of Accession of Spain and Portugal,
 Parliament,                                                          offers a choice between two methods of sampling and
                                                                      analysis and two sets of associated limit values;
 Having regard to the opinion of the Economic and
 Social Committee,
                                                                     Whereas Article 10 (4) of the abovementioned Directive
                                                              2       requires the submission between July 1987 an July 1988
 Whereas the European Communities' 1973 (»), 1977 ( ),
                                                                      of proposals on this parallel application of two different
  1983 (3) and 1987 (4) action programmes on the en-
                                                                      sets of measurement methods and limit values;
 (')  OJ No C  112, 20. 12. 1973, p. 1.
 (2)  OJ No C  139, 13. 6. 1977, p. 1.
 (J)  OJ No C  46, 17. 2. 1983, p. 1.
  (4) OJ No C  328, 7. 12. 1987, p. 1.                                (*) OJ No L 229, 30. 8. 1980, p. 30.
 ---pagebreak--- 30. 9. 88                              Official Journal of the European Communities                             No C 254/7
Whereas these proposals must take account of the results             — inform the Commission before 1 January 1990 of
of the parallel measurements referred to in Article 10 (3)               any zones where they consider that there is a
and of the need to avoid discriminatory provisions;                      likelihood that the concentrations of sulphur
                                                                         dioxide and suspended particulates in the air
Whereas the results of the parallel measurements have                    might exceed the limit values set out in Annex IV
demonstrated that the limit values set out in Annex I and                after 1 January 1990,
Annex IV are not of corresponding stringency;                        — forward to the Commission, as from 1 April 1990,
                                                                         plans for the progressive improvement of air
Whereas some Member States apply the limit values in                     quality in those zones. These plans, drawn up on
Annex I and others those in Annex IV;                                    the basis of relevant information on the nature,
                                                                         origin and development of the pollution, shall
Whereas this has led to the use of different methods of                  describe in particular the measures taken or to be
sampling which are difficult to compare;                                 taken and the procedures implemented or to be
                                                                         implemented by the Member States concerned.
Whereas it is essential to harmonize the measurement                     These measures and procedures must bring the
methods; whereas, therefore, a reference method for the                  concentrations of sulphur dioxide and suspended
sampling and analysis of suspended particulates in the air               particulates in the air in these zones to values
must be defined, developed and finalized;                                below or equal to the limit values set out in Annex
                                                                         IV as soon as possible and by 1 April 1993 at the
Whereas the Member States have taken measures to                         latest.
observe the limit values in the exempted zones as soon as
                                                                     4.    To overcome the disadvantages of the dual
possible and by 1 April 1993 at the latest;
                                                                     approach currently laid down in Annexes I and IV, by
                                                                     31 December 1992 the Commission shall submit to
Whereas these measures are based on one or other of the              the Council a proposal for a general review of this
two measurement methods and associated values laid                   Directive, which shall take account of the experience
down by Directive 80/779/EEC;                                        acquired from the studies referred to in paragraph 5
                                                                     and of the results of subsequent measurements taken
Whereas the dual approach for measuring suspended                    using a reference method for suspended particulates;
particulates in the air causes discrimination between                this method must be finalized by the Commission by
Member States;                                                       31 December 1990.
Whereas a two-stage review is needed to draft proposals              This proposal may also cover any other aspects in
to avoid this dual approach without calling into question            need of review in the light of scientific knowledge
completion of the measures already taken by the                      and of the experience acquired over the period of
Member States to observe the limit values;                           application of this Directive.'
                                                                  2. Annex IV is amended as set out in the Annex to this
Whereas these amendments must be taken into account                  Directive.
in the obligations imposed by Article 3 on Member
States applying Annex IV,                                                                   Article 2
                                                                  1.    Member States shall bring into force the laws,
HAS ADOPTED THIS DIRECTIVE:                                       regulations and administrative provisions necessary to
                                                                  comply with this Directive not later than 1 October 1989
                          Article 1                               and shall forthwith inform the Commission thereof.
Directive 80/779/EEC is hereby amended as follows:                2.    Member States shall communicate to the
                                                                  Commission the texts of the provisions of national law
 1. Article 10 (3) and (4) are replaced by the following:         which they adopt in the field covered by this Directive.
    '3.    Notwithstanding Article 3, Member States                                         Article 3
    which decide to avail themselves of the provisions of
    paragraph 2 shall:                                            This Directive is addressed to the Member States.
 ---pagebreak--- N o C 254/8                                  Official Journal of the European Communities                                         30. 9. 88
                                                                     ANNEX
            1. Table A is replaced by the following:
                                                                      TABLE A
                Limit values for sulphur dioxide expressed in |i.g/m3, and associated values for suspended particulates
                expressed in u.g/m3
                            Reference period              Limit value for sulphur dioxide           Associated value for
                                                                                                   suspended particulates
                                                                         80                                > 150
                                                      (median of daily mean values         (median of daily mean values
                                                         taken throughout the year)            taken throughout the year)
                                 Year
                                                                        120                                < 150
                                                      (median of daily mean values         (median of daily mean values
                                                         taken throughout the year)            taken throughout the year)
                                                                        130                                > 200
                                                      (median of daily mean values         (median of daily mean values
                               Winter                   taken throughout the winter)          taken throughout the winter)
                    (1 October to 31 March)
                                                                        180                                < 200
                                                      (median of daily mean values         (median of daily mean values
                                                        taken throughout the winter)          taken throughout the winter)
                                                                      250 O                                > 350
                                                      (98the percentile of all daily mean  (95th percentile of all daily mean
                                                      values taken throughout the          values taken throughout the year)
                                Year                                   year)
                (made       up     of    units     of
                measuring periods of             24                   350 (')                              < 350
                               hours)                 (98th percentile of all daily mean   (95th percentile of all daily mean
                                                      values taken throughout the          values taken throughout the year)
                                                                       year)
                (') Member States must take all appropriate steps to ensure that this value is not exceeded for more than three
                    consecutive days. Moreover, Member States must endeavour to prevent and to reduce any such instances in which
                    this value has been exceeded.'
           2. The text of the first indent of paragraph (i) is replaced by the following:
               'The reference method in Annex III A.'