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 (presented by the Commission)

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COM (88) 436
Vol. 1988/0161
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                        COM(88 ) 436 final
                                        Brussels , 13 September 1988
                          Proposai for a
                         COUNCIL DIRECTIVE
       amending Directive 80 / 779 / EEC on air quality limit
        values and guide values for sulphur dioxide and
                      suspended particulates
                  ( presented by the Commission )
 ---pagebreak---                                         - 2 -
EXPLANATQRY MEMORANDUM
1.    Introduction
                                                                     (^7 /^­'f
Directive 80 / 779 / EEC of 15 July 1980 lays down limit values ( Annexes I and IV )
and guide values ( Annex II ) for the concentration of sulphur dioxide and
suspended particulates in the air . It also lays down the implementing
conditions and the sampling methods ( Annexes III , V and VI ).
In particular . Article 10(4 ) of the Directive stipulates that between July 1987
and July 1988 the Commission must make proposals to the Council relating to
Article 10(2 ) and Annex IV , taking account of the results of the parallel
measurements carried out under Article 10(3 ) and of the need to avoid
discriminatory provisions .
This was acted on when drafting these proposals .
2.    Reasons for and objectives of the Directive
2.1 .   Several possible solutions were proposed and appraised in depth in the
        light of the results of the many experiments and programmes completed
        under Article 10 of the Directive and of the conclusions reached by the
        experts who worked for and with the Commission . At the same time the
        Commission took account of the comments and suggestions made by the
        Member States' experts in 1987 and 1988 .
2.2 .   The Commission based this proposal on the following :
        (a)  the results of the parallel measurements using the methods described
             in Annexes I and IV , the main findings being that :
 ---pagebreak---                                 - 3 -
        ( i ) the Limit values set for SO ^ in Annex I are not of
              corresponding stringency to the values in Annex IV ;
      ( ii )  the limit values set in Annex IV for suspended particulates as
              measured by the gravimetric method are almost invariably more
              stringent than the corresponding values set in Annex I for
              measurement by the black-smoke method ;
    ( iii )   the results obtained by measuring suspended particulates by the
              black-smoke method are not comparable with those obtained by
              the gravimetric method ; they indicate two physically and
              chemically different fractions of the particulates present in
              the air . Different types of measurement covering different
              categories of source are needed to reduce the concentration
              of each of these separate fractions ;
      ( iv )  the work on establishing a reference method for measuring
              suspended particulates is not expected to be completed until
              1988 / 89 ;
(b)     Article 10(4 ) of the Directive , which calls on the Commission to
        submit specific proposals relating to Article 10(2 ) and Annex IV ;
(c)     the need to avoid discriminatory provisions ;
(d)     the need for a remedy to be found as soon as possible to the
        acknowledged inadequacies of the current state of affairs ;
 ---pagebreak---                                             - 4 -
          (e)    the Latest findings in the field covered by the Directive ;
          (f)    the measures taken by the Member States to ensure that the Limit
                 values are applied throughout the Community ( even in the exempted
                 zones ) from 1993 , based on the measurement methods and associated
                 values laid down in the Directive .
2.3 .     At this stage the Commission simply proposes revising Annex IV and
          amending Articles 10(3 ) and 10(4 ) accordingly . However , it is aware
          that a fuller review of the Directive in general and of the limit values
          in particular will be needed in the light of the ongoing research on
          suspended particulates .
          The Commission plans to put proposals along these lines to the Council
          in 1992 or 1993 .
          Based on the arguments outlined above , the broad objectives of the
          Commission 's proposal are :
          (i)    to end random, discontinuous sampling;
        ( ii ) . to leave the choice between the black-smoke and gravimetric
                 methods for measuring suspended particulates ;
      ( iii )    if particulates are measured by the gravimetric method , to introduce
                 activating limit values for particulates associated with the limit
                 values for SOg .
 ---pagebreak---                                              5
3.     Article - by - Article description
       (i)  Article 10(2 ):     Unchanged .
            A choice between two methods of measuring suspended particulates ,
            with two separate sets of limit values set out in two separate
            Annexes has been retained .     However , Annex IV has been amended as
            described below .     The Commission is not yet in a position to propose
            either abandoning one of the methods ( and requiring all Member States
            to use the other ) or that every Member State must use both methods .
     ( ii ) Article 10(3 ):     Enough results have been obtained from the parallel
            measurements and the correlations calculated are stable enough to
            obviate the need for any further verification of the corresponding
            stringency of the limit values . The new wording lays down the time
            limits by which the Member States which opt for the limit values
            proposed in the new Annex IV must satisfy the obligations imposed by
            Article 3 ;
   ( iii )  Article 10(4 ) :    This Directive implements and therefore renders
            superfluous the provisions made in the original Directive for the
            Commission to report on the results of the parallel measurements
            and make proposals .     The amended version of Article 10(4 ) introduces
            a procedure for a fuller review of the Directive designed :
            (a)    to end the current dual approach ( Annex I / Annex IV )>
 ---pagebreak---                                    - 6 -
       ( b) to take account of the progress made in developing a reference
            method to measure suspended particulates ;
       (c)  to take account of technological progress and of any additional
            knowledge acquired while the amended Directive is in force .
( iv ) Article 10(5 ):   This paragraph has been retained because the
       Commission feels that the rules could be particularly useful for :
       (a)  harmonization of the methods used in the new Member States
            ( Portugal and Spain ) where the experience acquired in the others
            is missing ;
       ( b) development and promotion of the reference method for measuring
            particulates .
  (v)  Annex IV
       Table A :  The objective is to propose comparably stringent limit
       values for SO2 irrespective of the method chosen to measure particulates
       in order to avoid discrimination between Member States .   The values
       proposed are based on the equivalence calculations made with the
       results of the parallel measurements taken in the countries using the
       gravimetric method .   The basic principles adopted are :
       ( a) to introduce SO^ limit values identical to those set out in
            Annex I ;  the method of sampling and analysis employed must also
            be the same as laid down for Annex I ;
 ---pagebreak---                                      - 7 -
          (b) to introduce associated Limit values (" activating values ") for
              suspended particulates measured by the gravimetric method .    The
              values proposed are based on the equivalence calculations made
              with the results of the parallel measurements taken in the three
              countries using the gravimetric method ;   they will cause no
              discrimination between Member States ;
          (c) to introduce the rule that the limit values must not be exceeded
              for three consecutive days .  This has been introduced to avoid
              any discrimination against Member States using Annex I.    The
              Commission feels that Member States unable to observe this rule
              because of transfrontier pollution must submit evidence of the
              external cause in their report informing the Commission that
              the values have been exceeded ;
          (d) to propose the 95th percenti le for the short-term limit values for
              suspended particulates instead of the 98th percentile to save
              certain Member States having to amend their national legislation
              until the Directive is reviewed in 1992 / 93 .
Table B :
Table B remains unchanged . Like Table B in Annex I , the limit values are
designed to protect health . The latest knowledge shows no need to amend them .
 ---pagebreak---                                        - 8 -
                        PROPOSAL FOR A COUNCIL DIRECTIVE
                 AMENDING DIRECTIVE 80 / 779 / EEC
                  ON AIR QUALITY LIMIT VALUES AND GUIDE VALUES
                 FOR SULPHUR DIOXIDE AND SUSPENDED PARTICULATES
THE COUNCIL 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 ,
                                          1        ?  -z        4
Whereas the European Communities' 1973 , 1977, 1983-3 and 1987 action
programmes on the environment put the accent on harmonization of the action
taken to protect the environment and on the need to reduce the concentrations
of the principal pollutants in the air to levels considered acceptable for
protecting sensitive ecosystems ;
loj No C 112, 20.12.1973, p . 1 .
^OJ No C 139, 13.6.1977, p. 1 .
foj No C 46, 17.2.1983, p. 1 .
*0J NO C 328, 7.12.1987, p . 1 .
 ---pagebreak---                                               - 9 -
                                                (1 )
  Whereas Council Directive 80/779/ EEC/             as last amended by
  the Act of Accession of Spain and Portugal, offers a choice between two
 methods of sampling and analysis and two sets of associated limit values ;
 Whereas Article 10(4 ) of the abovement i oned Directive requires the submission
 between July 1987 and July 1988 of proposals on this parallel application of
 two different sets of measurement methods and limit values ;
 Whereas these proposals must take account of the results of the parallel
 measurements referred to in Article 10(3 ) and of the need to avoid discriminatory
provisions ;
Whereas the results of the parallel measurements have demonstrated that the
 limit values set out in Annex I and Annex IV are not of corresponding
 stringency ;
Whereas some Member States apply the limit values in Annex I and others those in Amex IV;
Whereas this has led to the use of different methods of sampling which are
difficult to compare ;
Whereas it is essential to harmonize the measurement methods ; whereas ,
therefore , a reference method for the sampling and analysis of suspended
particulates in the air must be defined , developed and finalized ;
Whereas the Member States have taken measures to observe the limit values
 in the exempted zones as soon as possible and by 1 April 1993 at the latest ;
Whereas these measures are based on one or other of the two measurement methods
 and associated values laid down by Directive 80 / 779 / EEC ;
   0J No L 229, 30.8.1980 , p.      30 .
 ---pagebreak---                                     - 10 -
Whereas the dual approach for measuring suspended particulates in the air
causes discrimination between Member States ;
Whereas a two-stage review is needed to draft proposals to avoid this dual
approach without calling into question completion of the measures already
taken by the Member States to observe the limit values ;
Whereas these amendments must be taken into account in the obligations imposed
by Article 3 on Member States applying Annex IV ,
HAS ADOPTED THIS DIRECTIVE :
 ---pagebreak---                                         11
                                      Artide 1
Directive 80 / 779 / EEC is hereby amended as follows :
1.    Articles 10(3 ) and 10(4 ) are replaced by the following :
 " 3 . Notwithstanding Article 3 , Member States which decide to avail themselves
 of the provisions of paragraph 2 shall :
- inform the Commission before 1 January 1990 of any zones where they consider
   that there is a likelihood that the concentrations of sulphur dioxide and
    suspended particulates in the air might exceed the limit values set out in
   Annex IV after 1 January 1990 ;
- forward to the Commission , as from 1 April 1990 , plans for the progressive
    improvement of air quality in those zones . These plans , drawn up on the
   basis of relevant information on the nature , origin and development of the
   pollution , shall describe in particular the measures taken or to be taken
   and the procedures implemented or to be implemented by the Member States
   concerned . These measures and procedures must bring the concentrations of
   sulphur dioxide and suspended particulates in the air in these zones to
   values below or equal to the limit values set out in Annex IV as soon as
   possible and by 1 April 1993 at the latest .
 ---pagebreak---                                      - 12 -
 4 . To overcome the disadvantages of the dual approach currently
laid down in Annexes I and IV , by 31 December 1992 the Commission shall submit
to the Council a proposal for a general review of thi § Directive , which shall
take account of the experience acquired from the studies referred to in
 paragraph 5   and of the results of subsequent measurements taken using a
reference method for suspended pariculates ;  this method must be finalized
by the Commission by 31 December 19?0 .
This proposal may also cover any other aspects in need of review in the light
of scientific knowledge and of the experience acquired over the period of
application of this Directive ."
2.   Annex IV is amended as set out in the Annex to this Directive .
                                    Article 2
1.   Member States shall bring into force the laws , regulations and administrative
provisions necessary to comply with this Directive not later than
/T October 1989/ and shall forthwith inform the Commission thereof .
2.   Member States shall communicate to the Commission the texts of the
provisions of national law which they adopt in the field covered by this       ;
Directive .
 ---pagebreak---                                    Article 3
This Directive is addressed to the Member States .
Done at Brussels ,
                                                 For the Council
                                                 The President
 ---pagebreak---                                         - 14 -
                                        ANNEX
1.    Table A is replaced by the following :
                                     " TABLE A
Limit values for sulphur dioxide expressed in yiq / u? , and associated values
for suspended particulates expressed in jjg / rn
   Reference period           Limit value for             Associated value for
                              sulphur dioxide             suspended particulates
                                        80                        > 150
                              ( median of daily mean      ( median of daily mean
                              values taken throughout     values taken throughout
                              the year )                  the year )
   Year
                                      120                         4150
                              ( median of daily mean      ( median of daily mean
                              values taken throughout     values taken throughout
                              the year )                  the year )
                                      130                         > 200
                              ( median of daily mean      ( median of daily mean
                              values taken throughout     values taken throughout
                              the winter )                the winter )
   Winter
   (1 October to 31 March )
                                      180                         ¿200
                              ( median of daily mean      ( median of daily mean
                              values taken throughout     values taken throughout
                              the winter )                the winter )
                                           1
                                      250                         >350
                              ( 98th percentile of all    ( 95th percentile of all
                              daily mean values taken     daily mean values taken
                              throughout the year )       throughout the year )
   Year
   ( made up of units of
   measuring periods of               3501                        < 350
   24 hours )                 ( 98th percentile of all    ( 95th percentile of all
                              daily mean values taken     daily mean values taken
                              throughout the year )       throughout the year )
1
  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 . "
 ---pagebreak--- The text of the first indent of paragraph ( i ) is replaced by the
fol lowing :
                                       5»
" The reference method in Annex III A.
 ---pagebreak---                                    - 16 -
                             SME impact statement
This proposal for a Directive will have no direct impact on SMEs . It
primarily concerns the authorities responsible for monitoring air quality .
 ---pagebreak---                                          - 17 -
                     COMPETITIVENESS AdD EMPL OYMENT IMPACT STATE MENT
   I.  What is the main reason for introducing the measure ?
       The proposals relate to the parallel application of two different
       methods of sampling and analysis for sulphur dioxide and suspended
       particulates in the air , in response to Article 10(4 ) of Directive
       80 / 779 / EEC .
 II .  Features of the businesses in question .       In particular :
       (a)     are there many SMEs ? -
       (b)     have any mergers been noted in regions which are :
               (i)   eligible for regional aid in the Member
                      States ? -
             ( ii )  eligible under the ERDF ? -
      Small firms are not directly affected .
III . What direct obligations does this measure impose on businesses ?
      None .
 IV . What indirect obligations are local authorities likely to impose on
      businesses ?
      Not applicable .
 ---pagebreak---                                        18
  V.  Are there any special measures in respect of SMEs ?    Please specify .
      No .
 VI . What is the likely effect on :
      ( a ) the competitiveness of businesses')
                                                     no effect
      (b)   employment ?
VII . Have both sides of industry been consulted ?
      Not applicable to this proposal .
      Please indicate their opinions :
      Generally positive ( trade unions , employers ).