CELEX: 52005PC0447
Language: en
Date: 2005-09-21
Title: Proposal for a Directive of the European Parliament and of the Council on ambient air quality and cleaner air for Europe {SEC(2005) 1133}

COMMISSION OF THE EUROPEAN COMMUNITIES
                                             Brussels, 21.9.2005
                                             COM(2005) 447 final
                                             2005/0183 (COD)
                                Proposal for a
   DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
              on ambient air quality and cleaner air for Europe
                       (presented by the Commission)
                             {SEC(2005) 1133}
EN                                                               EN
 ---pagebreak---                                EXPLANATORY MEMORANDUM
   1)        CONTEXT OF THE PROPOSAL110
   • Grounds for and objectives of the proposal
   In the context of its "Better Regulation" initiative in June 2002, the Commission proposed in
   February 2003 a policy for updating and simplifying the Community acquis. This aimed at
   securing a clear, understandable, up-to-date and user-friendly body of EC secondary law.
   Following on from this initiative, the current proposal aims to merge the provisions of five
   separate legal instruments into a single directive with the intention of simplifying,
   streamlining and reducing the volume of existing legislation. In addition the proposal aims to
   revise substantially the existing provisions so as to incorporate the latest health and scientific
   developments and the experience of the Member States.120
   • General context
   Air pollution has long been recognised as posing a significant risk to human health and the
   environment. In 1996 the Air Quality Framework Directive was adopted which established a
   Community framework for the assessment and management of ambient air quality in the EU.
   The Framework Directive also provided a list of priority pollutants for which air quality
   objectives would be established in daughter legislation. There have subsequently been four
   daughter directives in respect of particular pollutants and a Council Decision to bring about
   the reciprocal exchange of air quality monitoring information.
   The impact assessment accompanying this proposal has estimated the damage costs due to
   human exposure to particulate matter and ozone in ambient air. In the year 2000, exposure to
   particulate matter was estimated to reduce average statistical life expectancy by
   approximately nine months in the EU-25. This equates to approximately 3.6 million life years
   lost or 348 000 premature mortalities per annum. In addition, it has been estimated that there
   were some 21 400 cases of hastened death due to ozone. Significant progress is expected in
   reducing harmful emissions of particulate matter and its precursors between now and 2020
   such that the average loss in statistical life expectancy is expected to reduce to around
   5.5 months. There is also expected to be a reduction of around 600 cases of hastened death
   due to ozone over the same time period. The damage costs of these impacts in 2020 has been
   estimated at between EUR 189 to 609 billion per annum.130
   • Existing provisions in the area of the proposal
   This proposal aims to revise and combine the following separate instruments into a single
   legal act.
   Council Directive 96/62/EC on ambient air quality assessment and management (“Framework
   Directive"), OJ L 296, 21.11.1996, p. 55.
   Council Directive 1999/30/EC relating to limit values for sulphur dioxide, nitrogen dioxide
   and oxides of nitrogen, particulate matter and lead in ambient air, OJ L 163, 29.6.1999, p. 41
   ("First Daughter Directive").
EN                                                 2                                                  EN
 ---pagebreak---    Directive 2000/69/EC of the European Parliament and of the Council relating to limit values
   for benzene and carbon monoxide in ambient air, OJ L 313, 13.12.2000, p. 12 ("Second
   Daughter Directive").
   Directive 2002/3/EC of the European Parliament and of the Council relating to ozone in
   ambient air, OJ L 67, 9.3.2002, p. 14 ("Third Daughter Directive").
   Council Decision 97/101/EC establishing a reciprocal exchange of information and data from
   networks and individual stations measuring ambient air pollution within the member States,
   OJ L 35, 5.2.1997, p. 14 ("Exchange of Information Decision").140
   • Consistency with other policies and objectives of the Union
   This proposal is consistent with Article 175 of the Treaty establishing the European
   Community and aims to provide a high level of protection for human health the environment.
   2)        CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT
   • Consultation of interested parties
   2 Consultation methods, main sectors targeted and general profile of respondents
   Approximately 13 main meetings with stakeholders including industry groups (road vehicles,
   oil refiners, VOCs industries and general industry representatives), Member States and NGOs
   including the European Environment Bureau, the Swedish Secretariat on Acid Rain and the
   World Health Organisation (WHO) were carried out. Accession and EEA countries were also
   invited to these meetings. There have also been approximately one hundred or so meetings of
   various technical working groups which have been organised by the Commission services. In
   addition, a web based consultation was held on elements of the thematic strategy on air
   pollution which encompassed elements of the current proposal.212
   Summary of responses and how they have been taken into account
   The views of the Member States and other stakeholders are generally supportive of the
   Commission's initiative to simplify the legislation. Member States also (i) recognise the
   importance to address the new air pollutant PM2.5, (ii) are cautious about the absolute level at
   which any air quality standard may be set in light of the potential costs and feasibility of
   compliance, and (iii) supportive of the idea to reduce exposure generally and more in places
   where pollution is greatest. The proposal, therefore, foresees a relatively high concentration
   cap for PM2.5 that would apply everywhere in the EU and which would ensure protection
   against unduly high risks but would only impose burdens in the most polluted areas. In
   addition, Member States would be obliged to measure PM2.5 in urban background locations
   and to bring about a differentiated reduction in the average levels measured according to
   measured pollution levels in 2010. This will enable general exposure to be reduced in the
   most effective manner as decided by the Member States.213
   An open consultation was conducted over the internet from 1 December 2004 to
   31 January 2005. The Commission received 11 578 responses. The results are available on
   http://europa.eu.int/comm/environment/air/cafe/pdf/air_pollu_en.pdf.
EN                                                3                                                 EN
 ---pagebreak---    • Collection and use of expertise
   Scientific/expertise domains concerned
   The following areas of expertise have been used in developing this proposal and the thematic
   strategy on air pollution: (1) impacts of air pollution on human health, (2) integrated
   assessment modelling and development of cost-effective control strategies, (3) health impacts
   estimation including monetary quantification, (4) ecosystem benefits estimation, (5)
   macroeconomic modelling, and (6) air quality assessment and management expertise.222
   Methodology used
   Service contracts and grant agreements and meetings convened by the Commission.223
   Main organisations/experts consulted
   The World Health Organisation, International Institute of Applied Systems Analysis, AEA
   Technology, The Convention on Long Range Transboundary Air Pollution, The European
   Environment Agency, The Joint Research Centre (ISPRA), the Commission's working group
   on particulate matter, Commission's working group on implementation and the Scientific
   Committee on Health and Environmental Risk (SCHER) of the European Commission.2249
   Summary of advice received and used225
   The overwhelming evidence that the Commission has received can be summarised as follows:
   (i) there is a health risk from PM2.5, (ii) PM2.5 is a better metric for anthropogenic
   contributions to ambient levels of particulate matter, and (iii) the risk from the coarse fraction
   (between PM2.5 and PM10) cannot be ignored.226
   Means used to make the expert advice publicly available
   All reports from experts and contracts have been routinely uploaded to the internet for public
   dissemination.230
   • Impact assessment
   The Commission has considered the following options in respect of controlling human
   exposure to PM2.5. Each option assumes that the existing limit values for PM10 remain in
   force.
   (1)       Introduce an exposure reduction target for PM2,5 to be attained by 2020, to reduce
             annual average urban background concentrations of PM2.5 by a defined percentage
             rate of the Member State measured average over 2008-2010. This target to be
             achieved as far as possible but is not legally binding.
   (2)       Replace the indicative limit values for PM10 for the year 2010 by a legally binding
             limit value for annual average concentrations of PM2.5 to be attained by 2015. Such a
             limit value would be designed to offer a high degree of protection to the population
             and would apply everywhere in the territory of the Member States;
   (3)       Replace the indicative limit values for PM10 for the year 2010 by a legally binding
             “cap” for the annual average concentrations of PM2.5 of 25µgm-3 to be attained by
EN                                                   4                                                EN
 ---pagebreak---              2010. Such a “cap” or ceiling would be designed to limit unduly high risks to the
             population;
   (4)       Replace the indicative limit values for PM10 for the year 2010 by a non- binding
             target for the annual average concentrations of PM2.5 to be attained as far as possible
             by 2010. Such a target value would be numerically identical to the limit value in
             option (2) above; and
   (5)       Do nothing, i.e. do not introduce any requirement to reduce human exposure to
             PM2.5.
   In light of the significant impacts on the European economy, option (5) of doing nothing is
   not a serious option. The Commission proposes a combination of options (1) and (3). This
   combination is in line with the best advice received from the WHO. The analyses
   underpinning the impact assessment show that a stringent uniform limit value is not as
   cost-effective as option (1) because a limit value would have most effect in the most polluted
   areas which is not necessarily where most people are exposed. The benefits of the preferred
   combination have been estimated at EUR 37 to 120 billion per annum with costs of around
   EUR 5 billion per annum.
   The simplification exercise and the modernisation of reporting requirements are likely to
   reduce the administrative burden on Member States though this cannot be quantified
   precisely. However, the proposals will require some additional monitoring of air quality
   though the costs involved are small and of the order of several million Euros. This will
   improve our understanding of air pollution and should permit in the longer term a greater use
   of modelling when assessing air quality rather than using more expensive monitoring.231
   The Commission carried out an impact assessment listed in the Work Programme, whose
   report is accessible on http://www.europa.eu./dg/env/cafe/index.
   3)        LEGAL ELEMENTS OF THE PROPOSAL305
   • Summary of the proposed action
   The aim of the current proposal is to revise substantially and merge five separate elements of
   the existing acquis on ambient air quality into a single directive. This will necessarily simplify
   and streamline existing provisions particularly in respect of monitoring and reporting. The
   proposal will also update the provisions to reflect new scientific developments and introduce
   controls on human exposure to PM2.5 in ambient air.310
   • Legal basis
   The legal basis of the proposal is Article 175 of the Treaty.320
   • Subsidiarity principle
   The subsidiarity principle applies insofar as the proposal does not fall under the exclusive
   competence of the Community.
   The objectives of the proposal cannot be sufficiently achieved by the Member States for the
   following reasons.321
EN                                                 5                                                  EN
 ---pagebreak---    The existing legislation established minimum standards of air quality throughout the
   Community and this principle is maintained in the simplification. In addition, particulate
   matter in air consists of a substantial transboundary component and so all Member States
   must take measures in order that the risks to the population in each Member States can be
   reduced.
   Community action will better achieve the objectives of the proposal for the following
   reasons.324
   The major thrust of this proposal is to amend and simplify existing legislation which applies
   minimum standards of air quality across the whole Community. In addition, PM2.5 has a
   substantial transboundary component such that once pollution is emitted or formed in the
   atmosphere it can be transported over thousands of kilometres. So the scale of the problem
   requires Community-wide action.325
   Atmospheric modelling and measurements of air pollution demonstrate beyond doubt that the
   pollution emitted in one Member State contributes to measured pollution in other Member
   States. This shows that individual Member States cannot solve the problems alone and
   concerted action at the EU scale is required.327
   The proposal concentrates on simplifications to existing legislation. On PM2.5, the proposal
   sets Community objectives for each Member State but leaves the means of compliance to be
   decided by the appropriate Member State authorities thus ensuring minimum standards of air
   quality for all citizens of the EU.
   The proposal therefore complies with the subsidiarity principle.
   • Proportionality principle
   The proposal complies with the proportionality principle for the following reasons.331
   The chosen legal instrument is a directive, as (1) the proposal aims to simplify existing
   directives; and (2) it establishes objectives whilst leaving the details of implementation to the
   Member States who have more precise knowledge of local circumstances and the measures
   that will deliver air quality benefits most cost-effectively.332
   The proposal aims to simplify the monitoring and reporting requirements by moving towards
   a shared information system and electronic reporting. In addition, certain reporting
   requirements will be repealed. This will reduce the administrative burden on Member States
   though the precise extent cannot yet be quantified. In addition, although the proposal will
   require additional monitoring requirements in the short to medium term, this will eventually
   permit a greater scientific understanding of certain air pollution problems which should in
   turn permit a greater use of modelling to assess air quality rather than more expensive
   monitoring. Thus cost savings in monitoring activities can be expected in the longer term.
EN                                                  6                                                EN
 ---pagebreak---    • Choice of instruments
   Proposed instruments: directive.342
   Other means would not be adequate for the following reasons.
   The aim of the current proposal is to merge and simplify four existing directives and a
   Council decision into a single instrument. Given this, and given that the existing legislation
   sets Community objectives but leaves the choice of measures for compliance to the Member
   States then the best instrument is a directive.
   4)       BUDGETARY IMPLICATION409
   The research needs linked to the proposal will be covered by Member States, with an EU
   contribution covered by the budget already allocated for this purpose in the 7th Research
   Framework Programme as proposed by the Commission for the financial perspectives
   2007-2013. The proposal has no implication for the Community budget which would go
   beyond these actions.
   5)       ADDITIONAL INFORMATION510
   • Simplification
   The proposal provides for simplification of legislation and simplification of administrative
   procedures for public authorities (EU or national).512
   Four directives and one Council decision will be merged into a single directive. Redundant
   provisions will be repealed, consistency between the separate legal acts improved and
   unnecessary obligations repealed. Non-essential reporting requirements will be repealed and it
   is anticipated that future monitoring will be by electronic means only thus reducing the
   administrative burden on Member States.513
   Reporting and monitoring requirements will be simplified with a move towards electronic
   reporting. This should assist Member States' internal administrative requirements.515
   The proposal is included in the Commission's rolling programme for up-date and
   simplification of the acquis communautaire and its Work and Legislative Programme under
   the reference CLWP 2004 1011 fiche 2005.520
   • Repeal of existing legislation
   The adoption of the proposal will lead to the repeal of existing legislation.
   • Review/revision/sunset clause
   The Commission will review, within five years following the adoption of this Directive, the
   provisions related to PM2,5. In particular the Commission will develop and propose a detailed
   approach to establish legally binding exposure reduction obligations which take account of
   differing future air quality situations and reduction potentials in the Member States.550
EN                                                  7                                             EN
 ---pagebreak---    • Correlation table
   The Member States are required to communicate to the Commission the text of national
   provisions transposing the Directive as well as a correlation table between those provisions
   and this Directive.560
   • European Economic Area
   The proposed act concerns an EEA matter and should therefore extend to the European
   Economic Area.570
   • Detailed explanation of the proposal
   As the major thrust of this proposal is to revise and merge several legal texts and remove
   redundant text, only major changes to the existing legislation are described here.
   Chapter III (Air Quality Management):
   The Commission does not propose to modify the existing air quality limit values but will
   propose a strengthening of existing provisions so that Member States will be obliged to
   prepare and implement plans and programmes to remove non-compliances. However, where
   Member States have taken all reasonable measures the Commission will propose that Member
   States be allowed to delay the attainment date in affected zones where limit values are not yet
   complied with, if certain objective criteria are met. Any extension will have to be notified to
   the Commission. Furthermore, the Commission will confirm the intent of the current
   legislation to discount pollutant contributions from natural sources for compliance purposes.
   There is strong evidence to conclude that fine particles (PM2.5) are more hazardous than larger
   ones. However, the coarse fraction (particles in the range of 2.5 to 10 µm in diameter) cannot
   be ignored. As such a new approach to control PM2.5 is required to complement the existing
   controls on PM10. This is supported by the Scientific Committee on Health and Environmental
   Risks. The proposed approach would establish a concentration cap for PM2.5 in ambient air set
   to prevent unduly high risks to the population and to be attained by 2010. This would be
   coupled with a non-binding target to reduce human exposure generally to PM2.5 between 2010
   and 2020 in each Member State, based upon measurement data.
   The proposal also envisages more comprehensive monitoring of certain pollutants such as
   PM2.5. This will permit a greater understanding of this pollutant and lead to better policy
   development in the future. In addition, this monitoring should eventually permit a greater use
   of modelling and objective estimation techniques to assess the extent of air pollution. This
   should allow less use of more expensive monitoring.
   Chapter V (Information and Reporting):
   The Commission proposes to move to a system of electronic reporting based upon a shared
   information system within the INSPIRE framework1. This approach will reduce paperwork,
   shorten information flows, enhance assessment capabilities and improve public access to
   information. As such, those provisions of the Exchange of Information Decision relating to
   1
           COM(2004) 516 final.
EN                                                  8                                              EN
 ---pagebreak---    the mechanism for reporting will remain in force until such time as new implementing
   provisions are adopted under the INSPIRE Directive..
EN                                             9                                        EN
 ---pagebreak---                                                                 2005/0183 (COD)
                                                 Proposal for a
        DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
                          on ambient air quality and cleaner air for Europe
                                        (Text with EEA relevance)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular
   Article 175 thereof,
   Having regard to the proposal from the Commission1,
   Having regard to the opinion of the European Economic and Social Committee2,
   Having regard to the opinion of the Committee of the Regions3,
   Acting in accordance with the procedure laid down in Article 251 of the Treaty4,
   Whereas:
   (1)     The Sixth Community Environment Action Programme adopted by Decision
           No 1600/2002/EC of the European Parliament and of the Council of 22 July 20025
           establishes the need to reduce pollution to levels which minimise harmful effects on
           human health, paying particular attention to sensitive populations, and the
           environment as a whole, to improve the monitoring and assessment of air quality
           including the deposition of pollutants and to provide information to the public.
   (2)     In order to protect human health and the environment as a whole, emissions of harmful
           air pollutants should be avoided, prevented or reduced and appropriate standards set
           for ambient air quality taking into account relevant World Health Organisation
           standards, guidelines and programmes.
   (3)     Council Directive 96/62/EC of 27 September 1996 on ambient air quality assessment
           and management6, Council Directive 1999/30/EC of 22 April 1999 relating to limit
           values for sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter
   1
           OJ […], […], p. […].
   2
           OJ […], […], p. […].
   3
           OJ […], […], p. […].
   4
           Opinion of the European Parliament of […], Council Common Position of […].
   5
           OJ L 242, 10.9.2002, p. 1.
   6
           OJ L 296, 21.11.1996, p. 55. Directive as amended by Regulation (EC) No 1882/2003 of the European
           Parliament and the Council (OJ L 284, 31.10.2003, p. 1).
EN                                                     10                                                    EN
 ---pagebreak---        and lead in ambient air7, Directive 2000/69/EC of the European Parliament and of the
       Council of 16 November 2000 relating to limit values for benzene and carbon
       monoxide in ambient air8, Directive 2002/3/EC of the European Parliament and of the
       Council of 12 February 2002 relating to ozone in ambient air9 and Council
       Decision 97/101/EC of 27 January 1997 establishing a reciprocal exchange of
       information and data from networks and individual stations measuring ambient air
       pollution within the Member States10 need to be substantially revised in order to
       incorporate the latest health and scientific developments and the experience of the
       Member States. In the interests of clarity, simplification and administrative efficiency
       it is therefore appropriate that those five acts be replaced by a single Directive.
   (4) Once sufficient experience has been gained in relation to the implementation of
       Directive 2004/107/EC of the European Parliament and of the Council of
       15 December 2004 relating to arsenic, cadmium, mercury, nickel and polycyclic
       aromatic hydrocarbons in ambient air11 consideration may be given to the possibility
       of merging its provisions with those of this Directive.
   (5) A common approach to the assessment of air quality should be followed according to
       common assessment criteria. When assessing ambient air quality, account should be
       taken of the size of populations and ecosystems exposed to air pollution. It is therefore
       appropriate to classify the territory of each Member State into zones or agglomerations
       reflecting the population density.
   (6) In order to ensure that the information collected on air pollution is sufficiently
       representative and comparable across the Community, it is important that standardised
       measurement techniques and common criteria for the number and location of
       measuring stations are used for the assessment of ambient air quality. Techniques
       other than measurements can be used to assess ambient air quality and it is therefore
       necessary to define criteria for the use and required accuracy of such techniques.
   (7) Detailed measurements of fine particulate matter at background locations should be
       made in order to understand better the impacts of this pollutant and to develop
       appropriate policies. Such measurements should be made in a manner consistent with
       those of the cooperative programme for monitoring and evaluation of the long range
       transmission of air pollutants in Europe (EMEP) set up under the 1979 Convention on
       Long-range Transboundary Air Pollution approved by Council Decision 81/462/EEC
       of 11 June 198112.
   (8) Air quality status should be maintained or improved where it is already good. Where
       air quality standards are exceeded, Member States should take action so that they
       achieve compliance with the specified values but exceedances attributable to
       wintertime sanding of roads should be ignored.
   7
       OJ L 163, 29.6.1999, p. 41. Directive as amended by Commission Decision 2001/744/EC (OJ L 278,
       23.10.2001, p. 35).
   8
       OJ L 313, 13.12.2000, p. 12.
   9
       OJ L 67, 9.3.2002, p. 14.
   10
       OJ L 35, 5.2.1997, p. 14. Decision as amended by Commission Decision 2001/752/EC (OJ L 282,
       26.10.2001, p. 69).
   11
       OJ L 23, 26.1.2005, p. 3.
   12
       OJ L 171 , 27.6.1981, p. 11.
EN                                                 11                                                 EN
 ---pagebreak---    (9)  The risk to vegetation from air pollution is most important in places away from urban
        areas, where such vegetation is situated. The assessment of such risks and the
        compliance with air quality standards for the protection of vegetation should therefore
        focus on places away from built-up areas.
   (10) Fine particulate matter (PM2,5) is responsible for significant negative impacts on
        human health. Further, there is as yet no identifiable threshold below which
        PM2,5would not pose a risk. As such, this pollutant should not be regulated in the same
        way as other air pollutants. The approach should aim at a general reduction of
        concentrations in the urban background to ensure that large sections of the population
        benefit from improved air quality. However, to ensure a minimum degree of health
        protection everywhere, that approach should be combined with an absolute
        concentration cap.
   (11) The existing long-term objectives of ensuring effective protection against harmful
        effects on human health and vegetation and ecosystems from exposure to ozone should
        remain unchanged. An alert threshold and an information threshold for ozone should
        be set for the protection of the general population and sensitive sections, respectively,
        from brief exposures to elevated ozone concentrations. Those thresholds should trigger
        the dissemination of information to the public about the risks of exposure and the
        implementation of appropriate short-term measures to reduce ozone levels where the
        alert threshold is exceeded.
   (12) Ozone is a transboundary pollutant formed in the atmosphere from the emission of
        primary pollutants addressed by Directive 2001/81/EC of the European Parliament and
        of the Council of 23 October 2001 on national emission ceilings for certain
        atmospheric pollutants13. Progress towards the air quality targets and long term
        objectives for ozone set in this Directive should be determined by the targets and
        emission ceilings provided for in Directive 2001/81/EC.
   (13) Fixed measurements of ozone should be mandatory in zones where the long-term
        objectives are exceeded. The use of supplementary means of assessment should be
        allowed for the purpose of reducing the required number of fixed sampling points.
   (14) Pollutant emissions to air from natural sources are capable of measurement but cannot
        be controlled. Therefore, where natural contributions to pollutants in ambient air can
        be determined with sufficient certainty, they should be subtracted when assessing
        compliance with air quality limit values.
   (15) Existing air quality limit values should remain unchanged, although it should be
        possible to postpone the deadline for compliance in cases where, notwithstanding the
        implementation of appropriate pollution abatement measures, acute compliance
        problems exist in specific zones and agglomerations. Any postponement for a given
        zone or agglomeration should be accompanied by a comprehensive plan to ensure
        compliance by the revised deadline.
   (16) Plans or programmes should be developed for zones and agglomerations within which
        concentrations of pollutants in ambient air exceed the relevant air quality standards,
   13
        OJ L 309, 27.11.2001, p. 22. Directive as amended by the Act of Accession 2003.
EN                                                   12                                           EN
 ---pagebreak---         plus any temporary margins of tolerance applicable. Air pollution is emitted from
        many different sources and activities. To ensure coherence between different policies,
        such plans and programmes should be consistent, and integrated with plans and
        programmes prepared pursuant to Directive 2001/80/EC of the European Parliament
        and of the Council of 23 October 2001 on the limitation of emissions of certain
        pollutants into the air from large combustion plants14, Directive 2001/81/EC, and
        Directive 2002/49/EC of the European Parliament and of the Council of 25 June 2002
        relating to the assessment and management of noise15.
   (17) Action plans should be drawn up indicating the measures to be taken in the short term
        where there is a risk of an exceedence of one or more relevant air quality standards or
        alert thresholds in order to reduce that risk and to limit the duration of such an
        occurrence. In respect of ozone, such short-term action plans should take into account
        the provisions of Commission Decision 2004/279/EC of 19 March 2004 concerning
        guidance for implementation of Directive 2002/3/EC of the European Parliament and
        of the Council relating to ozone in ambient air16.
   (18) The purpose of such plans and programmes is the direct improvement of air quality
        and the environment and they should not therefore be subject to Directive 2001/42/EC
        of the European Parliament and of the Council of 27 June 2001 on the assessment of
        the effects of certain plans and programmes on the environment17.
   (19) Member States should consult with one another if, following significant pollution
        originating in another Member State, the level of a pollutant exceeds, or is likely to
        exceed, the relevant air quality standards plus the margin of tolerance or, as the case
        may be, the alert threshold,. The transboundary nature of specific pollutants, such as
        ozone and particulate matter, may require coordination between neighbouring Member
        States in drawing up and implementing plans, programmes and short-term action plans
        and in informing the public. Where appropriate, Member States should pursue
        cooperation with third countries, with particular emphasis on the early involvement of
        candidate countries.
   (20) It is necessary for the Member States and the Commission to collect, exchange and
        disseminate air quality information in order to understand better the impacts of air
        pollution and develop appropriate policies. Up-to-date information on concentrations
        of all regulated pollutants in ambient air should also be readily available to the public.
   (21) In order to facilitate the handling and comparison of air quality information, data
        should be made available to the Commission in a standardised form.
   (22) It is necessary to adapt procedures for data provision, assessment and reporting of air
        quality to enable electronic means and the internet to be used as the main tools to
        make information available, and so that those procedures will be compatible with
        Directive […]18.
   14
        OJ L 309, 27.11.2001, p. 1. Directive as amended by the Act of Accession 2003.
   15
        OJ L 189, 18.7.2002, p.12.
   16
        OJ L 87, 25.3.2004, p. 50.
   17
        OJ L 197, 21.7.2001, p. 30.
   18
        [OJ L […], […], p. […].]
EN                                                   13                                            EN
 ---pagebreak---    (23) It is appropriate to provide for the possibility of adapting the criteria and techniques
        used for the assessment of the ambient air quality to scientific and technical progress
        and the information to be provided. Furthermore, reference techniques for air quality
        modelling should be adopted, where available.
   (24) Since the air quality objectives of this Directive cannot be sufficiently achieved by the
        Member States alone and can therefore, by reason of the transboundary nature of air
        pollutants, be better achieved at Community level, the Community may adopt
        measures, in accordance with the principle of subsidiarity as set out in Article 5 of the
        Treaty. In accordance with the principle of proportionality, as set out in that Article,
        this Directive does not go beyond what is necessary in order to achieve those
        objectives.
   (25) Member States should lay down rules on penalties applicable to infringements of the
        provisions of this Directive and ensure that they are implemented. The penalties
        should be effective, proportionate and dissuasive.
   (26) Certain provisions of the acts repealed by this Directive should remain in force in
        order to ensure the continuance of existing air quality limits for nitrogen dioxide until
        they are replaced from 1 January 2010, the continuance of air quality reporting
        provisions until new implementing measures are adopted, and the continuance of
        obligations relating to the preliminary assessments of air quality required under
        Directive 2004/107/EC.
   (27) The obligation to transpose this Directive into national law should be confined to those
        provisions which represent a substantive change as compared with the earlier
        Directives. The obligation to transpose the provisions which are unchanged arises
        under the earlier Directives.
   (28) This Directive respects the fundamental rights and observes the principles recognised
        in particular by the Charter of Fundamental Rights of the European Union. In
        particular, this Directive seeks to promote the integration into Community policies of a
        high level of environmental protection and the improvement of environmental quality
        in accordance with the principle of sustainable development as laid down in Article 37
        of the Charter of Fundamental Rights of the European Union.
   (29) The measures necessary for the implementation of this Directive should be adopted in
        accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the
        procedures for the exercise of implementing powers conferred on the Commission19,
   HAVE ADOPTED THIS DIRECTIVE:
   19
        OJ L 184, 17.7.1999, p. 23.
EN                                               14                                               EN
 ---pagebreak---                                             Chapter I
                                     General Provisions
                                               Article 1
                                           Subject matter
   This Directive lays down measures aimed at the following:
   (1)    defining and establishing objectives for ambient air quality designed to avoid, prevent
          or reduce harmful effects on human health and the environment as a whole;
   (2)    assessing the ambient air quality in Member States on the basis of common methods
          and criteria and, in particular, assessing concentrations in ambient air of certain
          pollutants;
   (3)    providing information on ambient air quality in order to help combat pollution and
          nuisance and to monitor long-term trends and improvements resulting from national
          and Community measures;
   (4)    ensuring that such information on ambient air quality is made available to the public;
   (5)    maintaining air quality where it is good and improving it in other cases;
   (6)    promoting increased cooperation between the Member States in reducing air pollution.
                                               Article 2
                                             Definitions
   For the purposes of this Directive:
   (1)    “ambient air” shall mean outdoor air in the troposphere, excluding work places;
   (2)    “pollutant” shall mean any substance present in ambient air and likely to have harmful
          effects on human health and/or the environment as a whole;
   (3)    “level” shall mean the concentration of a pollutant in ambient air or the deposition
          thereof on surfaces in a given time;
   (4)    “assessment” shall mean any method used to measure, calculate, predict or estimate
          levels;
   (5)    “limit value” shall mean a level fixed on the basis of scientific knowledge, with the
          aim of avoiding, preventing or reducing harmful effects on human health and the
          environment as a whole, to be attained within a given period and not to be exceeded
          once attained;
EN                                                15                                              EN
 ---pagebreak---    (6)  “concentration cap” shall mean a level fixed on the basis of scientific knowledge, with
        the aim of preventing unduly high risks for human health, to be attained within a given
        period and not to be exceeded once attained;
   (7)  “critical level” shall mean a level fixed on the basis of scientific knowledge, above
        which direct adverse effects may occur on some receptors, such as trees, other plants
        or natural ecosystems but not on humans;
   (8)  “margin of tolerance” shall mean the percentage of the limit value by which that value
        may be exceeded subject to the conditions laid down in this Directive;
   (9)  “target value” shall mean a level fixed with the aim of avoiding, preventing or
        reducing harmful effects on human health and the environment as a whole, to be
        attained where possible over a given period;
   (10) “alert threshold” shall mean a level beyond which there is a risk to human health from
        brief exposure and at which immediate steps are to be taken by the Member States;
   (11) “information threshold” shall mean a level beyond which there is a risk to human
        health from brief exposure for particularly sensitive sections of the population and for
        which immediate and appropriate information is necessary;
   (12) “upper assessment threshold” shall mean a level below which a combination of
        measurements and modelling techniques may be used to assess ambient air quality;
   (13) “lower assessment threshold” shall mean a level below which modelling or
        objective-estimation techniques alone may be used to assess ambient air quality;
   (14) “long-term objective” shall mean a level to be attained in the long term, save where
        not achievable through proportionate measures, with the aim of providing effective
        protection of human health and the environment;
   (15) “zone” shall mean part of the territory of a Member State, as delimited by that
        Member State for the purposes of air quality assessment and management;
   (16) “agglomeration” shall mean a zone that is a conurbation with a population in excess of
        250 000 inhabitants or, where the population is 250 000 inhabitants or less, with a
        given population density per km² to be established by the Member States;
   (17) “PM10” shall mean particulate matter which passes through a size-selective inlet as
        defined in EN 12341 with a 50% efficiency cut-off at 10 µm aerodynamic diameter;
   (18) “PM2,5”shall mean particulate matter which passes through a size-selective inlet as
        defined in EN 14907 with a 50% efficiency cut-off at 2,5 µm aerodynamic diameter;
   (19) “average exposure indicator” shall mean an average level determined on the basis of
        measurements at urban background locations throughout the territory of a Member
        State and which reflects population exposure;
   (20) “exposure reduction target” shall mean a percentage reduction of the average exposure
        indicator set with the aim of reducing harmful effects on human health, to be attained
        where possible over a given period;
EN                                             16                                                EN
 ---pagebreak---    (21) “urban background locations” shall mean places in urban areas where apparent levels
        are representative of the exposure of the general urban population;
   (22) “oxides of nitrogen” shall mean the sum of the volume mixing ratio (ppbv) of nitrogen
        monoxide (nitric oxide) and nitrogen dioxide expressed in units of mass concentration
        of nitrogen dioxide (µg/m3);
   (23) “fixed measurements” shall mean measurements taken at fixed sites, either
        continuously or by random sampling to determine the levels in accordance with the
        required data quality objectives;
   (24) “indicative measurements” shall mean measurements which fulfil less strict quality
        criteria compared to fixed measurements;
   (25) “volatile organic compounds” (VOC) shall mean organic compounds from
        anthropogenic and biogenic sources, other than methane, that are capable of producing
        photochemical oxidants by reactions with nitrogen oxides in the presence of sunlight.
                                              Article 3
                                          Responsibilities
   1.     Member States shall designate at the appropriate levels the competent authorities and
          bodies responsible for the following:
          (a)   assessment of ambient air quality;
          (b)   approval of measurement systems (methods, equipment, networks and
                laboratories);
          (c)   ensuring accuracy of measurements;
          (d)   analysis of assessment methods;
          (e)   coordination on their territory if Community-wide quality assurance
                programmes are being organised by the Commission;
          (f)   cooperation with the other Member States and the Commission.
          Where relevant, the competent authorities and bodies shall comply with Section C of
          Annex I.
   2.     The Member States shall inform the public of the competent authority or body
          designated in relation to the tasks referred to in paragraph 1.
EN                                               17                                             EN
 ---pagebreak---                                            Chapter II
                          Assessment of Ambient Air Quality
                                            SECTION 1
                                            GENERAL
                                              Article 4
                           Establishment of zones and agglomerations
   Member States shall establish zones and agglomerations throughout their territory. Air quality
   assessment and air quality management shall be carried out in all zones and agglomerations.
                                            SECTION 2
      ASSESSMENT OF AMBIENT AIR QUALITY IN RELATION TO SULPHUR DIOXIDE,
    NITROGEN DIOXIDE AND OXIDES OF NITROGEN, PARTICULATE MATTER, LEAD,
                              BENZENE AND CARBON MONOXIDE
                                              Article 5
                                        Assessment regime
   1.      With respect to sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate
           matter (PM10 and PM2,5), lead, benzene and carbon monoxide, the upper and lower
           assessment thresholds specified in Section A of Annex II for health and vegetation
           protection shall apply.
           Each zone and agglomeration shall be classified in relation to those assessment
           thresholds.
   2.      The classification referred to in paragraph 1 shall be reviewed at least every five
           years in accordance with the procedure laid down in Section B of Annex II.
           However, classifications shall be reviewed more frequently in the event of significant
           changes in activities relevant to the ambient concentrations of sulphur dioxide,
           nitrogen dioxide or, where relevant, oxides of nitrogen, particulate matter (PM10,
           PM2,5), lead, benzene or carbon monoxide.
                                              Article 6
                                        Assessment criteria
   1.      Member States shall undertake assessments of ambient air quality with respect to the
           pollutants referred to in Article 5 throughout their territory, in accordance with the
           criteria laid down in paragraphs 2, 3 and 4 of this Article.
EN                                               18                                               EN
 ---pagebreak---    2. In all zones and agglomerations where the level of pollutants in ambient air referred
      to in paragraph 1 exceeds the upper assessment threshold established for those
      pollutants, fixed measurements shall be used to assess the ambient air quality. Those
      fixed measurements may be supplemented by modelling techniques and/or indicative
      measurements to provide adequate information on ambient air quality.
   3. In all zones and agglomerations where the level of pollutants in ambient air referred
      to in paragraph 1 is below the upper assessment threshold established for those
      pollutants, a combination of fixed measurements and modelling techniques and/or
      indicative measurements may be used to assess the ambient air quality.
   4. In all zones and agglomerations where the level of pollutants in ambient air referred
      to in paragraph 1 is below the lower assessment threshold established for those
      pollutants, modelling techniques or objective-estimation techniques or both shall be
      sufficient for the assessment of the ambient air quality.
   5. In addition to the assessments referred to in paragraphs 2, 3 and 4, measurements
      shall be made, at background locations away from significant sources of air
      pollution, for the purposes of providing, as a minimum, information on the mass
      concentration and the chemical speciation of fine particulate matter (PM2,5) on an
      annual average basis and shall be conducted according to the following criteria:
      (a)    one sampling point shall be installed every 100 000 km2;
      (b)    each Member State shall set up at least one measuring station or may, by
             agreement with adjoining Member States, set up one or several common
             measuring stations, covering the relevant neighbouring zones, to achieve the
             necessary spatial resolution;
      (c)    where appropriate, monitoring shall be co-ordinated with the monitoring
             strategy and measurement programme of the Cooperative Programme for
             Monitoring and Evaluation of the Long-range Transmission of Air Pollutants in
             Europe (EMEP);
      (d)    Section A of Annex I shall apply in relation to the data quality objectives for
             mass measurements of particulate matter and Annex IV shall apply in its
             entirety.
      Member States shall also inform the Commission of the measurement methods used
      in the measurement of the chemical composition of fine particulate matter (PM2,5).
                                          Article 7
                                     Sampling points
   1. The location of sampling points for the measurement of sulphur dioxide, nitrogen
      dioxide and oxides of nitrogen, particulate matter (PM10, PM2,5), lead, benzene
      and carbon monoxide in ambient air shall be determined in accordance with the
      criteria listed in Annex III.
EN                                           19                                              EN
 ---pagebreak---    2.      In each zone or agglomeration where fixed measurements are the sole source of
           information for assessing air quality, the number of sampling points for each
           relevant pollutant shall not be less than the minimum number of sampling points
           specified in Section A of Annex V.
           However, for zones and agglomerations within which information from fixed
           measurement sampling points is supplemented by information from modelling and/or
           indicative measurement, the total number of sampling points specified in Section A
           of Annex V may be reduced by up to 50%, provided that the following conditions are
           met:
           (a)   the supplementary methods provide sufficient information for the
                 assessment of air quality with regard to limit values, concentration caps or alert
                 thresholds, as well as adequate information for the public;
           (b)   the number of sampling points to be installed and the spatial resolution of other
                 techniques are sufficient for the concentration of the relevant pollutant to be
                 established in accordance with the data quality objectives specified in
                 Section A of Annex I and enable assessment results to meet the criteria
                 specified in Section B of Annex I.
           In the case referred to in the second subparagraph, the results of modelling and/or
           indicative measurement shall be taken into account for the assessment of air quality
           with respect to the limit values or concentration caps.
                                               Article 8
                                 Reference measurement methods
   Member States shall apply the reference measurement methods and criteria specified in
   Section A and Section C of Annex VI.
   Other measurement methods may be used subject to the conditions set out in Section B of
   Annex VI.
                                             SECTION 3
            ASSESSMENT OF AMBIENT AIR QUALITY IN RELATION TO OZONE
                                               Article 9
                                        Assessment criteria
   1.      Where, in a zone or agglomeration, concentrations of ozone have exceeded the long
           term objectives specified in Section A3 of Annex VII during any of the previous five
           years of measurement, fixed measurements shall be taken.
   2.      Where fewer than five years’ data are available, Member States may, for the
           purposes of determining whether the long-term objectives referred to in paragraph 1
           have been exceeded during those five years, combine the results from measurement
EN                                                20                                                EN
 ---pagebreak---       campaigns of short duration carried out when and where levels are likely to be at
      their highest, with the results obtained from emission inventories and modelling.
                                          Article 10
               Location of sampling points for the measurement of ozone
   1. The location of sampling points for the measurement of ozone shall be determined in
      accordance with the criteria set out in Annex VIII.
   2. The sampling points for fixed measurements of ozone in each zone or agglomeration
      within which measurement is the sole source of information for assessing air quality
      shall not be less than the minimum number of sampling points specified in Section A
      of Annex IX.
      However, for zones and agglomerations within which information from sampling
      points for fixed measurements is supplemented by information from modelling
      and/or indicative measurements, the number of sampling points specified in
      Section A of Annex IX may be reduced provided that the following conditions are
      met:
      (a)    the supplementary methods provide sufficient information for the assessment
             of air quality with regard to target values, long-term objectives, information
             and alert thresholds;
      (b)    the number of sampling points to be installed and the spatial resolution of other
             techniques are sufficient for the concentration of ozone to be established in
             accordance with the data quality objectives specified in Section A of Annex I
             and enable assessment results to meet the criteria specified in Section B of
             Annex I;
      (c)    the number of sampling points in each zone or agglomeration amounts to at
             least one sampling point per two million inhabitants or one sampling point per
             50 000 km2, whichever produces the greater number of sampling points, but
             must not be less than one sampling point in each zone or agglomeration;
      (d)    nitrogen dioxide is measured at all remaining sampling points except at rural
             background stations.
      In the case referred to in the second subparagraph, the results of modelling and/or
      indicative measurement shall be taken into account for the assessment of air quality
      with respect to the target values.
   3. Nitrogen dioxide shall be measured at a minimum of 50% of the ozone sampling
      points required under Section A of Annex IX. That measurement shall be continuous
      except at rural background stations, as referred to in Section A of Annex VIII, where
      other measurement methods may be used.
   4. In zones and agglomerations where, during each of the previous five years of
      measurement, concentrations are below the long-term objectives, the number of
EN                                            21                                               EN
 ---pagebreak---              sampling points for fixed measurements shall be determined in accordance with
             Section B of Annex IX.
   5.        Each Member State shall ensure that at least one sampling point is installed and
             operated in its territory to supply data on concentrations of the ozone precursor
             substances listed in Annex X. Each Member State shall choose the number and siting
             of the stations at which ozone precursor substances are to be measured, taking into
             account the objectives and methods laid down in Annex X.
                                               Article 11
                                   Reference measurement methods
   1.        Member States shall apply the reference method for measurement of ozone, set out in
             point 8 of Section A of Annex VI. Other measuring methods may be used subject to
             the conditions set out in Section B of Annex VI.
   2.        Each Member State shall inform the Commission of the methods it uses to sample
             and measure VOC, as listed in Annex X.
                                            Chapter III
                           Ambient Air Quality Management
                                               Article 12
     Requirements where the levels are lower than the limit values and concentration caps
   In zones and agglomerations where the levels of sulphur dioxide, nitrogen dioxide, PM10,
   PM2,5, lead, benzene and carbon monoxide in ambient air are below the respective limit values
   or concentration caps specified in Annexes XI and XIV, Member States shall ensure that that
   air quality status is maintained.
                                               Article 13
                           Limit values for the protection of human health
   1.        Member States shall ensure that, throughout their territory, levels of sulphur
             dioxide, PM10, lead, and carbon monoxide in ambient air do not exceed the limit
             values laid down in Annex XI.
             In respect of nitrogen dioxide and benzene, the limit values specified in Annex XI
             may not be exceeded from the dates specified therein.
             The margins of tolerance laid down in Annex XI shall apply in accordance with
             Article 21.
   2.        The alert thresholds for concentrations of sulphur dioxide and nitrogen dioxide in
             ambient air shall be those laid down in Section A of Annex XII.
EN                                                 22                                            EN
 ---pagebreak---    3.      Member States may designate zones or agglomerations within which limit values for
           PM10 are exceeded owing to concentrations of PM10 in ambient air due to the
           resuspension of particulates following road-sanding in winter-time.
           Member States shall send the Commission lists of any such zones or agglomerations
           together with information on concentrations and sources of PM10 therein.
           When informing the Commission in accordance with Article 25, Member States shall
           provide the necessary evidence to demonstrate that any exceedances are due to such
           resuspended particulates and that reasonable measures have been taken to lower the
           concentrations.
           Without prejudice to Article 19, in the case of the zones or agglomerations referred
           to in the first subparagraph of this paragraph, Member States need establish the
           plans or programmes provided for in Article 21 only in so far as exceedances are
           attributable to PM10 sources other than road-sanding in wintertime.
                                              Article 14
                                           Critical levels
   1.      Member States shall, in zones away from agglomerations and other built-up areas,
           ensure compliance with the critical levels specified in Annex XIII.
           Where there is a significant risk of adverse effects, Member States may apply critical
           levels also inside agglomerations and other built-up areas.
   2.      Where fixed measurements are the sole source of information for assessing air
           quality, the number of sampling points shall not be less than the minimum number
           specified in Section C of Annex V. Where that information is supplemented by
           indicative measurements or modelling then the minimum number of sampling points
           may be reduced by up to 50% so long as the assessed concentrations of the relevant
           pollutant can be established in accordance with the data quality objectives specified
           in Section A of Annex I.
                                              Article 15
      PM2,5 exposure reduction target and concentration cap for the protection of human
                                               health
   1.      Member States shall ensure that the exposure reduction target for PM2,5 laid down in
           Section B of Annex XIV is achieved within the timeframe specified therein.
   2.      The average exposure indicator for PM2,5 shall be assessed in accordance with
           Section A of Annex XIV.
   3.      Each Member State shall, in accordance with Annex III, ensure that the distribution
           and the individual number of sampling points on which the average exposure
           indicator for PM2,5 is based reflect the general population exposure adequately. The
EN                                                23                                              EN
 ---pagebreak---            number of sampling points shall be no less than that determined by application of
           Section B of Annex V.
   4.      Member States shall ensure that concentrations of PM2,5 in ambient air do not exceed
           the concentration cap laid down in Section C of Annex XIV throughout their territory
           as from the date specified therein.
   5.      The margins of tolerance laid down in Section C of Annex XIV shall apply in
           accordance with Article 21.
                                              Article 16
                   Requirements in zones and agglomerations where ozone
                        concentrations exceed the long-term objectives
   1.      Member States shall ensure that the target values and long-term objectives specified
           in Annex VII are attained within the timeframe set out therein.
   2.      For zones and agglomerations in which a target value is exceeded, Member States
           shall ensure that the plan or programme prepared pursuant to Article 6 of
           Directive 2001/81/EC is implemented in order to attain the target values, save
           where not achievable through proportionate measures, as from the date specified
           in Section A.2 of Annex VII.
           Where, in accordance with Article 21(1) of this Directive, plans or programmes must
           be prepared or implemented in respect of pollutants other than ozone, Member States
           shall, where appropriate, prepare and implement integrated plans or programmes
           covering all pollutants concerned.
   3.      For zones and agglomerations in which the levels of ozone in ambient air are
           higher than the long-term objectives but below, or equal to, the target values,
           Member States shall prepare and implement cost-effective measures with the aim
           of achieving the long-term objectives. Those measures shall, at least, be consistent
           with all the plans and programmes referred to in paragraph 2.
                                              Article 17
                   Requirements in zones and agglomerations where ozone
                         concentrations meet the long-term objectives
   In zones and agglomerations in which ozone levels meet the long-term objectives, Member
   States shall, in so far as factors including the transboundary nature of ozone pollution and
   meteorological conditions permit, maintain those levels below the long-term objectives and
   shall preserve through proportionate measures the best ambient air quality compatible
   with sustainable development and a high level of environmental and human health
   protection.
EN                                                24                                            EN
 ---pagebreak---                                                Article 18
        Measures required in the event of information or alert thresholds being exceeded
   Where the information threshold specified in Annex XII or any of the alert thresholds laid
   down therein is exceeded, Member States shall take the necessary steps to inform the public
   by means of radio, television, newspapers or the Internet.
   Member States shall also forward to the Commission without delay, on a provisional basis,
   information concerning the levels recorded and the duration of the periods during which the
   alert threshold or information threshold was exceeded.
                                               Article 19
                                   Emissions from natural sources
   1.        Member States may designate zones or agglomerations where the exceedance of limit
             values or concentration caps for a given pollutant is attributable to natural sources.
             Member States shall send the Commission lists of any such zones or
             agglomerations together with information on concentrations and sources and the
             evidence demonstrating that the exceedances are attributable to natural sources.
   2.        Where the Commission has been informed of an exceedence attributable to
             natural sources in accordance with paragraph 1, that exceedence shall not be
             considered as an exceedance for the purposes of this Directive.
                                               Article 20
       Postponement of attainment deadlines and exemption from the obligation to apply
                                         certain limit values
   1.        Where, in a given zone or agglomeration, conformity with the limit values for
             nitrogen dioxide or benzene or the concentration cap for PM2,5 cannot be achieved by
             the deadlines specified in Annex XI or in Section C of Annex XIV, a Member State
             may postpone those deadlines by a maximum of five years for that particular zone or
             agglomeration, subject to the following conditions:
             (a)   establishment of a plan or a programme in accordance with Article 21 for the
                   zone or agglomeration to which the postponement would apply, and
                   communication of that plan or programme to the Commission;
             (b)   establishment of an air pollution abatement programme for the period of the
                   postponement, which incorporates at least the information listed in Section B
                   of Annex XV, and demonstrates that conformity will be achieved with the limit
                   values or concentration caps before the new deadline, and communication of
                   that programme to the Commission.
EN                                                 25                                               EN
 ---pagebreak---    2. Where, in a given zone or agglomeration, conformity with the limit values for
      sulphur dioxide, carbon monoxide, lead and PM10 as specified in Annex XI cannot be
      achieved because of site-specific dispersion characteristics, adverse climatic
      conditions or transboundary contributions, Member States shall be exempt from the
      obligation to apply those limit values until 31 December 2009 at the latest, provided
      that the conditions laid down in paragraph 1(a) and (b) are fulfilled.
   3. Where a Member State applies paragraphs 1 or 2, it shall ensure that the limit value
      or concentration cap for each pollutant is not exceeded by more than the maximum
      margin of tolerance specified in Annexes XI or XIV for each of the pollutants
      concerned.
   4. Member States shall notify the Commission without delay where, in their view,
      paragraphs 1 or 2 are applicable, and shall communicate the plans or programmes
      and air pollution abatement programme referred to in paragraph 1 including all
      relevant information necessary for the Commission to assess whether or not the
      relevant conditions are satisfied.
      Where the Commission has raised no objections within nine months of receipt of that
      notification, the relevant conditions for the application of paragraphs 1 or 2 shall be
      deemed to be satisfied.
      If objections are raised, the Commission may require Member States to adjust or
      provide new plans or programmes or air pollution abatement programmes.
                                      Chapter IV
                             Plans and Programmes
                                         Article 21
                            Air quality plans or programmes
   1. Where, in given zones or agglomerations, the levels of pollutants in ambient air
      exceed any limit value or target value or concentration cap, plus any relevant margin
      of tolerance in each case, Member States shall ensure that plans or programmes are
      established for those zones and agglomerations in order to achieve the related limit or
      target value or concentration cap specified in Annexes XI and XIV.
      Those plans or programmes shall incorporate at least the information listed in
      Section A of Annex XV and be communicated to the Commission without delay.
   2. Member States shall, to the extent feasible, ensure consistency with other plans
      required      under     Directive     2001/80/EC,      Directive     2001/81/EC      or
      Directive 2002/49/EC in order to achieve the relevant environmental objectives.
   3. The plans or programmes referred to in paragraph 1 and the air pollution abatement
      programmes referred to in Article 20(1)(b) shall not be subject to assessment under
      Directive 2001/42/EC.
EN                                           26                                               EN
 ---pagebreak---                                          Article 22
                                 Short-term action plans
   1. Where, in a given zone or agglomeration, there is a risk that the levels of pollutants
      in ambient air will exceed one or more of the limit values, concentration caps, target
      values or alert thresholds specified in Annexes VII, XI, Section A of Annex XII, and
      Annex XIV, Member States shall, where appropriate, draw up action plans indicating
      the measures to be taken in the short term in order to reduce that risk and to limit the
      duration of such an occurrence.
      However, where there is a risk that the alert threshold for ozone specified in Section
      B of Annex XII will be exceeded, Member States shall only draw up such short-term
      action plans when in their opinion there is a significant potential, taking into account
      national geographical, meteorological and economic conditions, to reduce the risk,
      duration or severity of such an exceedence. When drawing up such a short-term
      action plan Member States shall take account of Decision 2004/279/EC.
   2. The short-term action plans referred to in paragraph 1 may, depending on the
      individual case, provide for measures to control and, where necessary, suspend
      activities, including motor-vehicle traffic, which contribute to the risk of the
      respective limit values or concentration caps or target value or alert threshold being
      exceeded. Those action plans may also include effective measures in relation to
      the use of industrial plants or products.
   3. Member States shall make available to the public and to appropriate
      organisations such as environmental organisations, consumer organisations,
      organisations representing the interests of sensitive population groups and
      other relevant health care bodies both the results of their investigations on the
      feasibility and the content of specific short-term action plans as well as
      information on the implementation of these plans.
                                         Article 23
                              Transboundary air pollution
   1. Where any alert threshold, limit or target value or concentration cap plus any
      relevant margin of tolerance or long-term objective is exceeded due to significant
      transboundary transport of air pollutants or their precursors, the Member States
      concerned shall cooperate and, where appropriate, draw up joint activities, such as
      the preparation of joint or coordinated plans or programmes pursuant to Article 21 in
      order to remove such exceedences through the application of appropriate but
      proportionate measures.
   2. The Commission shall be invited to be present and to assist in any cooperation
      referred to in paragraph 1. Where appropriate, the Commission shall, taking into
      account the reports established pursuant to Article 9 of Directive 2001/81/EC,
      consider whether further action should be taken at Community level in order to
      reduce precursor emissions responsible for transboundary pollution.
EN                                           27                                                EN
 ---pagebreak---    3. Member States shall, if appropriate pursuant to Article 22, prepare and implement
      joint short-term action plans covering neighbouring zones in other Member States.
      Member States shall ensure that neighbouring zones in other Member States which
      have developed short-term action plans receive all appropriate information.
   4. Where the information threshold or alert thresholds are exceeded in zones or
      agglomerations close to national borders, information shall be provided as soon as
      possible to the competent authorities in the neighbouring Member States concerned.
      That information shall also be made available to the public.
   5. In drawing up plans or programmes as provided for in paragraphs 1 and 3 and in
      informing the public as referred to in paragraph 4, Member States shall, where
      appropriate, pursue cooperation with third countries, and in particular with candidate
      countries.
                                      Chapter V
                         Information and Reporting
                                         Article 24
                                   Public information
   1. Member States shall ensure that the public as well as appropriate organisations such
      as environmental organisations, consumer organisations, organisations representing
      the interests of sensitive populations and other relevant health-care bodies are
      informed, adequately and in good time, of the following:
      (a)   ambient air quality in accordance with Annex XVI;
      (b)   any postponement decisions pursuant to Article 20(1);
      (c)   any exemptions pursuant to Article 20(2);
      (d)   plans or programmes and air pollution abatement programmes as provided for
            in Article 16(2), Article 20(1)(b) and Article 21.
      The information shall be made available free of charge by means of any easily
      accessible media including the internet or any other appropriate means of
      telecommunication, and shall take into account the provisions laid down in
      Directive […].
   2. Member State shall make available to the public comprehensive annual reports for
      all pollutants covered by this Directive.
      Those reports shall, as a minimum, summarise the levels exceeding limit values,
      concentration caps, target values, long-term objectives, information thresholds and
      alert threshold, for the relevant averaging periods. That information shall be
      combined with a summary assessment of the effects of those exceedences. The
      reports may include, where appropriate, further information and assessments on
EN                                           28                                              EN
 ---pagebreak---           forest protection as well as information on other pollutants for which monitoring
          provisions are specified in this Directive, such as, inter alia, selected non-regulated
          ozone precursor substances as listed in Section B of Annex X.
                                            Article 25
                          Transmission of information and reporting
   Member States shall ensure that information on ambient air quality is made available to the
   Commission.
                                            Article 26
                            Amending and implementing measures
   1.     The Commission shall in accordance with the procedure referred to in Article 27(2),
          amend, where necessary, Annexes I to VI, Annexes VIII to X and Annex XV.
          However, the amendments may not have the effect of directly or indirectly
          modifying either of the following:
        (a)     the limit values, concentration caps, exposure reduction requirements, critical
                levels, target values, information or alert thresholds or long-term objectives
                specified in Annex VII and Annexes XI to XIV;
        (b)     dates for the compliance with any of the parameters referred to in point (a).
   2.     The Commission shall, in accordance with the procedure referred to in Article 27(2),
          determine the information to be made available by Member States pursuant to
          Article 25.
          The Commission shall also identify ways of streamlining the way such data are
          reported and the reciprocal exchange of information and data from networks and
          individual stations measuring ambient air pollution within the Member States, in
          accordance with the procedure referred to in Article 27(2).
   3.     The Commission shall draw up guidelines for the agreements on setting up common
          measuring stations as referred to in Article 6(5).
   4.     The Commission shall publish guidance on the demonstration of equivalence
          referred to in Section B of Annex VI.
EN                                              29                                                EN
 ---pagebreak---                                             Chapter VI
                   Committee, transitional and final provisions
                                                Article 27
                                              Committee
   1.       The Commission shall be assisted by a committee, called “the Ambient Air Quality
            Committee”, hereinafter “the Committee”.
   2.       Where reference is made to this paragraph, Articles 5 and 7 of
            Decision 1999/468/EC shall apply, having regard to the provisions of Article 8
            thereof.
            The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three
            months.
   3.       The Committee shall adopt its Rules of Procedure.
                                                Article 28
                                                Penalties
   The Member States shall lay down the rules on penalties applicable to infringements of the
   national provisions adopted pursuant to this Directive and shall take all measures necessary to
   ensure that they are implemented. The penalties provided for must be effective, proportionate
   and dissuasive. The Member States shall notify those provisions to the Commission by the
   date specified in Article 31(1) at the latest and shall notify it without delay of any subsequent
   amendment affecting them.
                                                Article 29
                                 Repeal and transitional provisions
   1.       Directives 96/62/EC, 1999/30/EC, 2000/69/EC, and 2002/3/EC are repealed as from
            the date indicated in Article 31(1) of this Directive, without prejudice to the
            obligations on the Member States relating to time-limits for transposition or
            application of those Directives.
            However, the following Articles shall remain in force:
            (a)   Article 5 of Directive 96/62/EC until 31 December 2010;
            (b)   Article 11(1) of Directive 96/62/EC and Article 10(1) and (2) of
                  Directive 2002/3/EC until the entry into force of the implementing measures
                  referred to in Article 26(2) of this Directive;
            (c)   Article 9(3) and (4) of Directive 1999/30/EC until 31 December 2009.
EN                                                  30                                               EN
 ---pagebreak---    2.       References to the repealed Directives shall be construed as references to this
            Directive and shall be read in accordance with the correlation table in Annex XVII.
   3.       Decision 97/101/EC is repealed with effect from the entry into force of the
            implementing measures referred to in Article 26(2) of this Directive.
                                                Article 30
                                                 Review
   The Commission will review, within five years following the adoption of this Directive, the
   provisions related to PM2,5. In particular the Commission will develop and propose a detailed
   approach to establish legally binding exposure reduction obligations which take account of
   differing future air quality situations and reduction potentials in the Member States.
                                                Article 31
                                             Transposition
   1.       Member States shall bring into force the laws, regulations and administrative
            provisions necessary to comply with this Directive by 31 December 2007 at the
            latest. They shall forthwith communicate to the Commission the text of those
            provisions and a correlation table between those provisions and this Directive.
            When Member States adopt those provisions, they shall contain a reference to this
            Directive or be accompanied by such a reference on the occasion of their official
            publication. Member States shall determine how such reference is to be made.
   2.       Member States shall communicate to the Commission the text of the main provisions
            of national law which they adopt in the field covered by this Directive.
                                                Article 32
   This Directive shall enter into force on the day of its publication in the Official Journal of the
   European Union.
                                                Article 33
   This Directive is addressed to the Member States.
   Done at Brussels, […]
   For the European Parliament                    For the Council
   The President                                  The President
   […]                                            […]
EN                                                  31                                                EN
 ---pagebreak---                                                 ANNEX I
                                DATA QUALITY OBJECTIVES
   A. DATA QUALITY OBJECTIVES FOR AMBIENT AIR QUALITY ASSESSMENT
                                           Sulphur           Benzene           Particulate           Ozone
                                           dioxide,                              matter           and related
                                           nitrogen                           (PM10/PM2,5)        NO and NO2
                                         dioxide and                            and lead
                                           oxides of
                                        nitrogen and
                                            carbon
                                           monoxide
       Fixed measurements (1)
       Uncertainty                      15 %               25%              25%               15 %
       Minimum data capture             90 %               90 %             90%               90 % during summer
       Minimum time coverage:                                                                 75 % during winter
       - urban background and                              35 % (2)
       traffic
       - industrial sites                                  90 %
       Indicative measurements
       Uncertainty                      25 %               30 %             50%               30 %
       Minimum data capture             90 %               90 %             90%               90 %
       Minimum time coverage            14 %(4)            14 %(3)          14 %(4)           >10 % during
                                                                                              summer
      Modelling uncertainty:
      Hourly                            50%                -
      Eight-hour averages               50%                -
      Daily averages                    50%                -                not yet defined   50%
      Annual averages                   30%                50%              50%               50%
       Objective estimation
       Uncertainty                      75 %               100 %            100 %             75 %
      (1)         Member States may apply random measurements instead of continuous measurements for
                  benzene and particulate matter if they can demonstrate to the Commission that the
                  uncertainty, including the uncertainty due to random sampling, meets the quality objective
                  of 25 % and the time coverage is still larger than the minimum time coverage for indicative
                  measurements. Random sampling must be evenly distributed over the year in order to avoid
                  skewing of results. The uncertainty due to random sampling may be determined by the
                  procedure laid down in ISO 11222 (2002) “Air Quality – Determination of the Uncertainty
                  of the Time Average of Air Quality Measurements”. If random measurements are used to
                  assess the number of exceedences (N[estimate]) of the PM10 daily limit value, the following
                  correction should be applied: N[estimate] = N[measurement] x 365 days / number of measured days.
      (2)
                  Distributed over the year to be representative of various conditions for climate and traffic.
      (3)
                One day's measurement a week at random, evenly distributed over the year, or 8 weeks
                evenly distributed over the year.
      (4)
                One measurement a week at random, evenly distributed over the year, or 8 weeks evenly
                distributed over the year.
EN                                                  32                                                             EN
 ---pagebreak---       The uncertainty (expressed at a 95% confidence level) of the assessment methods will
      be evaluated in accordance with the principles of the CEN Guide to the Expression
      of Uncertainty in Measurement (ENV 13005-1999), the methodology of
      ISO 5725:1994 and the guidance provided in the CEN report ‘Air Quality –
      Approach to Uncertainty Estimation for Ambient Air Reference Measurement
      Methods’ (CR 14377:2002E). The percentages for uncertainty in the above table
      are given for individual measurements averaged over the period considered by the
      limit value, for a 95% confidence interval. The uncertainty for the fixed
      measurements shall be interpreted as being applicable in the region of the appropriate
      limit value.
      The uncertainty for modelling and objective estimation is defined as the
      maximum deviation of the measured and calculated concentration levels, over the
      period considered, by the limit value, without taking into account the timing of the
      events.
      The requirements for minimum data capture and time coverage do not include losses
      of data due to the regular calibration or the normal maintenance of the
      instrumentation.
   B. RESULTS OF AIR QUALITY ASSESSMENT
      The following information shall be compiled for zones or agglomerations within
      which sources other than measurement are employed to supplement information from
      measurement or as the sole means of air quality assessment:
      –     a description of assessment activities carried out;
      –     the specific methods used, with references to descriptions of the method;
      –     the sources of data and information;
      –     a description of results, including uncertainties and, in particular, the extent of
            any area or, if relevant, the length of road within the zone or agglomeration
            over which concentrations exceed any limit value, concentration cap, target value
            or long-term objective plus margin of tolerance, if applicable, and of any area
            within which concentrations exceed the upper assessment threshold or the
            lower assessment threshold;
      –     the population potentially exposed to levels in excess of any limit value.
   C. QUALITY ASSURANCE FOR AMBIENT AIR QUALITY ASSESSMENT: DATA VALIDATION
   1. To ensure accuracy of measurements and compliance with the data quality objectives
      laid down in Section A of this Annex, the appropriate competent authorities and
      bodies designated pursuant to Article 3 shall ensure the following:
      –     that all measurements undertaken in relation to the assessment of ambient air
            quality pursuant to Articles 6 and 9 are traceable;
EN                                           33                                                 EN
 ---pagebreak---       –     that institutions operating networks and individual stations have an established
            quality assurance and quality control system which provides for regular
            maintenance to assure the accuracy of measuring devices;
      –     that a quality assurance/quality control process is established for the process of
            data collection and reporting and that institutions appointed for this task
            actively participate in the related Community-wide quality assurance
            programmes;
      –     that the national laboratories, as appointed by the appropriate competent
            authority or body designated pursuant to Article 3, that are taking part in
            Community-wide intercomparisons covering pollutants regulated in this
            Directive, are accredited according to EN/ISO 17025 for the methods being
            performed in these intercomparisons, or are in the process of accreditation.
            These laboratories shall be involved in the coordination on Member States
            territory of the Community wide quality assurance programmes to be organized
            by the Commission and shall also coordinate, on the national level, the
            appropriate realization of reference methods and the demonstration of
            equivalence of non-reference methods.
   2. All reported data shall be deemed to be valid.
EN                                          34                                                 EN
 ---pagebreak---                                                     ANNEX II
              DETERMINATION OF REQUIREMENTS FOR ASSESSMENT OF
        CONCENTRATIONS OF SULPHUR DIOXIDE, NITROGEN DIOXIDE AND
        OXIDES OF NITROGEN, PARTICULATE MATTER (PM10 and PM2,5), LEAD,
    CARBON MONONXIDE AND BENZENE IN AMBIENT AIR WITHIN A ZONE
                                          OR AGGLOMERATION
   A.        UPPER AND LOWER ASSESSMENT THRESHOLDS
   The following upper and lower assessment thresholds will apply:
   (a)       Sulphur dioxide
                                            Health protection                     Vegetation protection
                                 60 % of 24-hour limit value (75 µg/m3,
   Upper assessment threshold    not to be exceeded more than 3 times      60 % of winter limit value (12 µg/m3)
                                 in any calendar year)
                                 40 % of 24-hour limit value (50 µg/m3,
   Lower assessment threshold    not to be exceeded more than 3 times      40 % of winter limit value (8 µg/m3)
                                 in any calendar year)
   (b)       Nitrogen dioxide and oxides of nitrogen
                       Hourly limit value for the        Annual limit value for     Annual limit value for the
                          protection of human          the protection of human       protection of vegetation
                              health (NO2)                   health (NO2)                       (NOx)
                        70 % of limit value
   Upper assessment     (140 µg/m3, not to be           80 % of limit value              80 % of limit value
   threshold            exceeded more than 18           (32 µg/m3)                            (24 µg/m3)
                        times in any calendar year)
                        50 % of limit value (100
   Lower assessment     µg/m3, not to be exceeded       65 % of limit value              65 % of limit value
   threshold            more than 18 times in any       (26 µg/m3)                           (19,5 µg/m3)
                        calendar year)
   (c)       Particulate matter (PM10 /PM2,5)
                                              24-hour average                     Annual              Annual
                                                                                 average              average
                                                                                   PM10                PM2,5
   Upper assessment threshold      30 µg/m3, not to be exceeded more             14 µg/m3            10 µg/m3
                                   than 7 times in any calendar year
   Lower assessment threshold      20 µg/m3, not to be exceeded more             10 µg/m3             7 µg/m3
                                   than 7 times in any calendar year
EN                                                        35                                                     EN
 ---pagebreak---    (d)       Lead
                                                                     Annual average
   Upper assessment threshold                                70% of limit value (0,35 µg/m3)
   Lower assessment threshold                                50% of limit value (0,25 µg/m3)
   (e)       Benzene
                                                                     Annual average
   Upper assessment threshold                                 70 % of limit value (3,5 µg/m3)
   Lower assessment threshold                                   40 % of limit value (2 µg/m3)
   (f)       Carbon Monoxide
                                                                    Eight-hour average
   Upper assessment threshold                                  70 % of limit value (7 mg/m3)
   Lower assessment threshold                                 50 % of limit value (5 mg/m3)
   B.        DETERMINATION       OF    EXCEEDENCES      OF   UPPER      AND      LOWER      ASSESSMENT
             THRESHOLDS
   Exceedances of upper and lower assessment thresholds shall be determined on the basis of
   concentrations during the previous five years where sufficient data are available. An
   assessment threshold shall be deemed to have been exceeded if it has been exceeded during at
   least three separate years out of those previous five years.
   Where fewer than five years' data are available, Member States may combine measurement
   campaigns of short duration during the period of the year and at locations likely to be typical
   of the highest pollution levels with results obtained from information from emission
   inventories and modelling to determine exceedances of the upper and lower assessment
   thresholds.
EN                                                36                                                   EN
 ---pagebreak---                                              ANNEX III
         LOCATION OF SAMPLING POINTS FOR THE MEASUREMENT OF
       SULPHUR DIOXIDE, NITROGEN DIOXIDE AND OXIDES OF NITROGEN,
    PARTICULATE MATTER (PM10 and PM2,5), LEAD, CARBON MONOXIDE AND
                                   BENZENE IN AMBIENT AIR
   The following shall apply to fixed measurements:
   A.       MACROSCALE SITING
   (a)      Protection of human health
   1.       Sampling points directed at the protection of human health shall be sited in such a
            way as to provide data on the following:
            –     the areas within zones and agglomerations where the highest concentrations
                  occur to which the population is likely to be directly or indirectly exposed for a
                  period which is significant in relation to the averaging period of the limit
                  value(s) or concentration cap(s);
            –     levels in other areas within the zones and agglomerations which are
                  representative of the exposure of the general population.
   2.       Sampling points shall in general be sited in such a way as to avoid measuring very
            small micro-environments in their immediate vicinity, which means that a sampling
            point must be sited in such a way that the air sampled is representative of air quality
            in a surrounding area of no less than 200 m2 at traffic-orientated sites and at least
            250 m x 250 m at industrial sites, where feasible.
   3.       Urban background sites shall be located so that their pollution level is influenced by
            the integrated contribution from all sources upwind of the station. The pollution level
            should not be dominated by a single source unless such a situation is typical for a
            larger urban area. Those sampling points shall typically be representative for several
            square kilometres.
   4.       Where the objective is to assess background levels, the sampling site shall not be
            influenced by agglomerations or industrial sites in its vicinity, i.e. sites closer than a
            few kilometres.
   5.       Where contributions from industrial sources are to be assessed, at least one sampling
            point shall be installed downwind of the source in the nearest residential area. Where
            the background concentration is not known, an additional sampling point shall be
            situated within the main wind direction.
   6.       Sampling points shall, where possible, also be representative of similar locations not
            in their immediate vicinity.
   7.       Account shall be taken of the need to locate sampling points on islands where that is
            necessary for the protection of human health.
EN                                                37                                                   EN
 ---pagebreak---    (b) Protection of vegetation
       Sampling points targeted at the protection of vegetation shall be sited more than
       20 km away from agglomerations or more than 5 km away from other built-up areas,
       industrial installations or motorways, which means that a sampling point must be
       sited in such a way that the air sampled is representative of air quality in a
       surrounding area of at least 1 000 km2. A Member State may provide for a sampling
       point to be sited at a lesser distance or to be representative of air quality in a less
       extended area, taking account of geographical conditions.
       Account shall be taken of the need to assess air quality on islands.
   B.  MICROSCALE SITING
       In so as far as is practicable the following shall apply:
       –     the flow around the inlet sampling probe shall be unrestricted (free in an arc of
             at least 270°) without any obstructions affecting the airflow in the vicinity of
             the sampler (normally as many metres away from buildings, balconies, trees
             and other obstacles as corresponds to more than twice the height by which the
             obstacle protrudes above the sampler; at least 0,5 m from the nearest building
             in the case of sampling points representing air quality at the building line);
       –     in general, the inlet sampling point shall be between 1,5 m (the breathing zone)
             and 4 m above the ground. Higher positions (up to 8 m) may be necessary in
             some circumstances. Higher siting may also be appropriate if the station is
             representative of a large area;
       –     the inlet probe shall not be positioned in the immediate vicinity of sources in
             order to avoid the direct intake of emissions unmixed with ambient air;
       –     the sampler’s exhaust outlet shall be positioned so that recirculation of exhaust
             air to the sampler inlet is avoided;
       –     location of traffic-orientated samplers:
             (a)    for all pollutants, such sampling points shall be at least 25 m from the
                    edge of major junctions and at least 4 m from the centre of the nearest
                    traffic lane;
             (b)    for nitrogen dioxide and carbon monoxide, inlets shall be no more than
                    5 m from the kerbside;
             (c)    for particulate matter, lead and benzene, inlets shall be sited so as to be
                    representative of air quality near to the building line but no more than
                    10 m from the kerbside.
       The following factors may also be taken into account:
       –     interfering sources;
EN                                             38                                               EN
 ---pagebreak---       –    security;
      –    access;
      –    availability of electrical power and telephone communications;
      –    visibility of the site in relation to its surroundings;
      –    safety of the public and operators;
      –    the desirability of co-locating sampling points for different pollutants;
      –    planning requirements.
   C. DOCUMENTATION AND REVIEW OF SITE SELECTION
      The site-selection procedures shall be fully documented at the classification stage by
      such means as compass-point photographs of the surrounding area and a detailed
      map. Sites shall be reviewed at regular intervals with repeated documentation to
      ensure that selection criteria remain valid over time.
EN                                             39                                            EN
 ---pagebreak---                                              ANNEX IV
          MEASUREMENTS AT BACKGROUND LOCATIONS IRRESPECTIVE OF
                                        CONCENTRATION
   A.       OBJECTIVES
   The main objectives of such measurements are to ensure that adequate information is made
   available on levels in the background. This information is essential to judge the enhanced
   levels in more polluted areas (such as urban background, industry related locations, traffic
   related locations), assess the possible contribution from long range transport of air pollutants
   and to support source apportionment analysis. It is essential for the understanding of specific
   pollutants such as particulate matter. Further, this background information is essential for the
   increased use of modelling also in urban areas.
   B.       SUBSTANCES
   Measurement of PM2,5 must include at least the mass concentration and appropriate
   compounds to characterise its chemical composition. At least the list of chemical species
   given below shall be included.
      SO42-            Na+            NH4+              Ca2+             elemental carbon (EC)
      NO3-             K+             Cl-               Mg2+             organic carbon (OC)
   C.       SITING
   Measurements should be taken in particular in rural background areas in accordance with
   parts A, B, and C of Annex III.
EN                                                40                                                EN
 ---pagebreak---                                                          ANNEX V
         CRITERIA FOR DETERMINING MINIMUM NUMBERS OF SAMPLING
     POINTS FOR FIXED MEASUREMENT OF CONCENTRATIONS OF SULPHUR
               DIOXIDE, NITROGEN DIOXIDE AND OXIDES OF NITROGEN,
        PARTICULATE MATTER (PM10, PM2,5), LEAD, CARBON MONOXIDE AND
                                          BENZENE IN AMBIENT AIR
   A.         MINIMUM         NUMBER OF SAMPLING POINTS FOR FIXED MEASUREMENT TO ASSESS
              COMPLIANCE WITH LIMIT VALUES OR CONCENTRATION CAPS FOR THE PROTECTION
              OF HUMAN HEALTH AND ALERT THRESHOLDS IN ZONES AND AGGLOMERATIONS
              WHERE FIXED MEASUREMENT IS THE SOLE SOURCE OF INFORMATION.
   (a)        Diffuse sources
       Population of agglomeration              If concentrations exceed          If maximum concentrations are
                 or zone                   the upper assessment threshold (1)      between the upper and lower
               (thousands)                                                             assessment thresholds
               0-249                                        1                                      1
              250-499                                       2                                      1
              500-749                                       2                                      1
              750-999                                       3                                      1
            1 000-1 499                                     4                                      2
            1 500-1 999                                     5                                      2
            2 000-2 749                                     6                                      3
            2 750-3 749                                     7                                      3
            3 750-4 749                                     8                                      4
            4 750-5 999                                     9                                      4
              ≥ 6 000                                       10                                     5
    (1)
             For nitrogen dioxide, particulate matter, carbon monoxide and benzene: to include at least one urban
             background monitoring station and one traffic-orientated station provided this does not increase the
             number of sampling points. The total number of urban-background stations and the total number of
             traffic oriented stations in a Member State shall not differ by more than a factor of 2.
EN                                                            41                                                  EN
 ---pagebreak---    (b)       Point sources
   For the assessment of pollution in the vicinity of point sources, the number of sampling points
   for fixed measurement shall be calculated taking into account emission densities, the likely
   distribution patterns of ambient-air pollution and the potential exposure of the population.
   B.        MINIMUM     NUMBER OF SAMPLING POINTS FOR FIXED MEASUREMENT TO ASSESS
             COMPLIANCE WITH THE PM2,5 EXPOSURE REDUCTION TARGET FOR THE
             PROTECTION OF HUMAN HEALTH
             One sampling point per million inhabitants applied to agglomerations and additional
             conurbations in excess of 100 000 inhabitants shall be operated for this purpose.
             Those sampling points may coincide with sampling points under Section A.
   C.        MINIMUM     NUMBER OF SAMPLING POINTS FOR FIXED MEASUREMENTS TO ASSESS
             COMPLIANCE WITH CRITICAL LEVELS FOR THE PROTECTION OF VEGETATION IN
             ZONES OTHER THAN AGGLOMERATIONS
                If maximum concentrations exceed the     If maximum concentrations are between upper
                     upper assessment threshold                  and lower assessment threshold
                      1 station every 20 000 km2                    1 station every 40 000 km2
             In island zones the number of sampling points for fixed measurement should be
             calculated taking into account the likely distribution patterns of ambient-air pollution
             and the potential exposure of vegetation.
EN                                                 42                                                 EN
 ---pagebreak---                                            ANNEX VI
   REFERENCE METHODS FOR ASSESSMENT OF CONCENTRATIONS OF SULPHUR
      DIOXIDE, NITROGEN DIOXIDE AND OXIDES OF NITROGEN, PARTICULATE
    MATTER (PM10 AND PM2,5), LEAD, CARBON MONOXIDE, BENZENE AND OZONE
   A.     REFERENCE MEASUREMENT METHODS
   1.     Reference method for the measurement of sulphur dioxide
          The reference method for the measurement of sulphur dioxide is that described in
          EN 14212:2005 ‘Ambient air quality – Standard method for the measurement of
          sulphur dioxide by ultraviolet fluorescence’.
   2.     Reference method for the measurement of nitrogen dioxide and oxides of
          nitrogen
          The reference method for the measurement of nitrogen dioxide and oxides of
          nitrogen is that described in EN 14211:2005 ‘Ambient air quality – Standard method
          for the measurement of the concentration of nitrogen dioxide and nitrogen monoxide
          by chemiluminescence’.
   3.     Reference method for the sampling and measurement of lead
          The reference method for the sampling of lead is that described in Section A(4) of
          this Annex. The reference method for the measurement of lead is that described in
          EN 14902:2005 ‘Reference method for determination of Pb/Cd/As/Ni in ambient
          air’.
   4.     Reference method for the sampling and measurement of PM10
          The reference method for the sampling and measurement of PM10 is that described in
          EN 12341:1999 ‘Air Quality – Determination of the PM10 fraction of suspended
          particulate matter – Reference method and field test procedure to demonstrate
          reference equivalence of measurement methods’.
   5.     Reference method for the sampling and measurement of PM2,5
          The reference method for the sampling and measurement of PM2,5 is that described
          EN 14907:2005 ‘Standard gravimetric measurement method for the determination of
          the PM2,5 mass fraction of suspended particulate matter in Ambient air’.
   6.     Reference method for the sampling and measurement of benzene
          The reference method for the measurement of benzene is that described in
          14662:2005, parts 1, 2 and 3 ‘Ambient air quality - Reference method for
          measurement of benzene concentrations’.
EN                                              43                                           EN
 ---pagebreak---    7. Reference method for the measurement of carbon monoxide
      The reference method for the measurement of carbon monoxide is that described in
      EN 14626:2005 ‘Ambient air quality – Standard method for the measurement of the
      concentration of carbon monoxide by nondispersive infrared spectroscopy’.
   8. Reference method for measurement of ozone
      The reference method for the measurement of ozone is that described in
      EN 14625:2005 ‘Ambient air quality – Standard method for the measurement of the
      concentration of ozone by ultraviolet photometry’.
   B. DEMONSTRATION OF EQUIVALENCE
   1. A Member State may use any other method which it can demonstrate gives results
      equivalent to any of the methods referred to in Section A or, in the case of particulate
      matter, any other method which the Member State concerned can demonstrate
      displays a consistent relationship to the reference method. In that event the results
      achieved by that method must be corrected to produce results equivalent to those that
      would have been achieved by using the reference method.
   2. The Commission may require the Member States to prepare and submit a report on
      the demonstration of equivalence in accordance with paragraph 1.
   3. When assessing the acceptability of the report mentioned in paragraph 2, the
      Commission will make reference to its guidance on the demonstration of equivalence
      (to be published). Where Member States have been using interim factors to
      approximate equivalence then these shall be confirmed and/or amended with
      reference to the Commission’s guidance.
   4. Member States should ensure that whenever appropriate, the correction is also
      applied retroactively to past measurement data in order to achieve better data
      comparability.
   C. STANDARDISATION
      For gaseous pollutants the volume must be standardised at a temperature of 293 K
      and an atmospheric pressure of 101,3 kPa. For particulate matter and substances to be
      analysed in particulate matter (e.g. lead) the sampling volume refers to ambient
      conditions.
EN                                         44                                                  EN
 ---pagebreak---                                                      ANNEX VII
                        TARGET VALUES AND LONG-TERM OBJECTIVES
   A.         OZONE TARGET VALUES AND LONG TERM OBJECTIVES
   1. Definitions and criteria
   (a)        Definitions
   AOT40 (expressed in (µg/m³)•hours) means the sum of the difference between hourly
   concentrations greater than 80 µg/m³ (= 40 parts per billion) and 80 µg/m³ over a given period
   using only the 1-hour values measured between 8:00 and 20:00 Central European Time each
   day1 .
   (b)        Criteria
   The following criteria shall be used for checking validity when aggregating data and
   calculating statistical parameters:
              Parameter                                     Required proportion of valid data
    1 hour values                     75 % (i.e. 45 minutes)
    8 hours values                    75 % of values (i.e. 6 hours)
    Maximum daily 8 hours mean 75 % of the hourly running 8 hours averages (i.e. 18 8-hourly averages per day)
    from hourly running 8 hours
    AOT40                             90 % of the 1 hour values over the time period defined for calculating the
                                      AOT40 value (a)
                                      90 % of the 1 hour values over summer (April to September) and 75 % over
    Annual mean
                                      winter (January to March, October to December) seasons separately
                                      90 % of the daily maximum 8 hours mean values (27 available daily values per
    Number of exceedances and
                                      month)
    maximum values per month
                                      90 % of the 1 hour values between 8:00 and 20:00 Central European Time
    Number of exceedances and five out of six months over the summer season (April to September)
    maximum values per year
     (a)
             In cases where all possible measured data are not available, the following factor shall be used to
             calculate AOT40 values:
                                                         total possible number of hours*
     AOT40estimate        =    AOT40measured      x
                                                         number of measured hourly values
     *
             being the number of hours within the time period of AOT40 definition, (i.e. 08:00 to 20:00 h CET
             from 1 May to 31 July each year, for vegetation protection and from 1 April to 30 September each
             year for forest protection).
   1
            Or the appropriate time for ultra-peripheral regions.
EN                                                          45                                                     EN
 ---pagebreak---    .
   .2.        Target values
               Objective              Averaging period                 Target value                   Date by which
                                                                                                       target value
                                                                                                      should be met
      Protection of human health      Maximum daily       120 µg/m3 not to be exceeded on                  2010
                                      8-hour mean (a)     more than 25 days per calendar year
                                                          averaged over three years (b)
      Protection of vegetation        May to July         AOT40 (calculated from 1 h values)               2010
                                                          18 000 µg/m3•h averaged over five
                                                          years (b)
      (a)
               The maximum daily 8-hour mean concentration shall be selected by examining 8-hour running
               averages, calculated from hourly data and updated each hour. Each 8-hour average so calculated
               shall be assigned to the day on which it ends. i.e. the first calculation period for any one day will
               be the period from 17:00 on the previous day to 01:00 on that day; the last calculation period for
               any one day will be the period from 16:00 to 24:00 on the day.
      (b)
               If the three or five year averages cannot be determined on the basis of a full and consecutive set of
               annual data, the minimum annual data required for checking compliance with the target values will be
               as follows:
                 – for the target value for the protection of human health: valid data for one year;
                 – for the target value for the protection of vegetation: valid data for three years.
   3.         Long-term objectives
               Objective                  Averaging period             Long-term objective            Date by which
                                                                                                      the long-term
                                                                                                        objective
                                                                                                      should be met
                                      Maximum daily 8-hour
      Protection of human health      mean within a calendar                 120 µg/m3                       -
                                      year
                                                                              AOT40,
                                                                    (calculated from 1 h values)
      Protection of vegetation        May to July                                                            -
                                                                                       3
                                                                           6 000 µg/m •h
EN                                                         46                                                        EN
 ---pagebreak---                                                     ANNEX VIII
          CRITERIA FOR CLASSIFYING AND LOCATING SAMPLING POINTS FOR
                         ASSESSMENTS OF OZONE CONCENTRATIONS
   The following apply to fixed measurements:
   A.           MACROSCALE SITING
        Type of   Objectives of measurement Representativeness (a)                   Macroscale siting criteria
        station
         Urban    Protection of human health: A few km2                     Away from the influence of local emissions
                  to assess the exposure of the                             such as traffic, petrol stations, etc.;
                  urban population to ozone,                                Vented locations where well mixed levels
                  i.e. where population density                             can be measured; Locations such as
                  and ozone concentration are                               residential and commercial areas of cities,
                  relatively high and                                       parks (away from the trees), big streets or
                  representative of the exposure                            squares with very little or no traffic, open
                  of the general population                                 areas characteristic of educational, sports or
                                                                            recreation facilities
       Suburban Protection of human health        Some tens of km2          At a certain distance from the area of
                  and vegetation:                                           maximum emissions, downwind following
                  to assess the exposure of the                             the main wind direction/directions during
                  population and vegetation                                 conditions favourable to ozone formation;
                  located in the outskirts of the                           Where population, sensitive crops or natural
                  agglomeration, where the                                  ecosystems located in the outer fringe of an
                  highest ozone levels, to                                  agglomeration are exposed to high ozone
                  which the population and                                  levels;
                  vegetation is likely to be                                Where appropriate, some suburban stations
                  directly or indirectly exposed,                           also upwind of the area of maximum
                  occur                                                     emissions, in order to determine the regional
                                                                            background levels of ozone
         Rural    Protection of human health      Sub-regional levels       Stations can be located in small settlements
                  and vegetation:                 (a few km2)               and/or areas with natural ecosystems, forests
                  to assess the exposure of                                 or crops;
                  population, crops and natural                             Representative for ozone away from the
                  ecosystems to sub-regional                                influence of immediate local emissions such
                  scale ozone concentrations                                as industrial installations and roads;
                                                                            At open area sites, but not on summits of
                                                                            higher mountains
         Rural    Protection of vegetation and Regional/national/           Station located in areas with lower
    background human health:                      continental levels        population density, e.g. with natural
                  to assess the exposure of       (1 000 to 10 000 km2) ecosystems, forests, far removed from urban
                  crops and natural                                         and industrial areas and away from local
                  ecosystems to regional-scale                              emissions;
                  ozone concentrations as well                              Avoid locations which are subject to locally
                  as exposure of the population                             enhanced formation of ground-near
                                                                            inversion conditions, also summits of higher
                                                                            mountains;
                                                                            Coastal sites with pronounced diurnal wind
                                                                            cycles of local character are not
                                                                            recommended.
   (a)
              Sampling points should, where possible, be representative of similar locations not in their immediate vicinity.
EN                                                         47                                                                 EN
 ---pagebreak---    For rural and rural background stations the location shall, where appropriate, be coordinated
   with the monitoring requirements of Commission Regulation (EC) No 1091/94 of 29 April
   1994 laying down certain detailed rules for the implementation of Council Regulation (EEC)
   No 3528/86 on the protection of the Community's forests against atmospheric pollution1.
   B.        MICROSCALE SITING
   In so far as is practicable the procedure on microscale siting in Section B of Annex III shall be
   followed, ensuring also that the inlet probe is positioned well away from such sources as
   furnaces and incineration flues and more than 10 m from the nearest road, with distance
   increasing as a function of traffic intensity.
   C.        DOCUMENTATION AND REVIEW OF SITE SELECTION
   The procedures in Section C of Annex III shall be followed, applying proper screening and
   interpretation of the monitoring data in the context of the meteorological and photochemical
   processes affecting the ozone concentrations measured at the respective sites.
   1
           OJ L 125, 18.5.1994, p. 1.
EN                                                48                                                 EN
 ---pagebreak---                                                        ANNEX IX
   CRITERIA FOR DETERMINING THE MINIMUM NUMBER OF SAMPLING POINTS
              FOR FIXED MEASUREMENT OF CONCENTRATIONS OF OZONE
   A.         MINIMUM NUMBER OF SAMPLING POINTS FOR FIXED CONTINUOUS MEASUREMENTS
              TO ASSESS COMPLIANCE WITH TARGET VALUES, LONG-TERM OBJECTIVES AND
              INFORMATION AND ALERT THRESHOLDS WHERE SUCH MEASUREMENTS ARE THE
              SOLE SOURCE OF INFORMATION
        Population             Agglomerations                  Other zones                     Rural background
         (× 1 000)         (urban and suburban) (a)      (suburban and rural) (a)
          < 250                                                      1
          < 500                        1                             2
         < 1 000                       2                             2
                                                                                     1 station/50 000 km2 as an average
         < 1 500                       3                             3
                                                                                     density over all zones per country(b)
         < 2 000                       3                             4
         < 2 750                       4                             5
         < 3 750                       5                             6
                          1 additional station per     1 additional station per
         > 3 750
                          2 million inhabitants        2 million inhabitants
    (a)
             At least 1 station in suburban areas, where the highest exposure of the population is likely to occur. In
             agglomerations at least 50% of the stations shall be located in suburban areas.
    (b)
             1 station per 25 000 km2 for complex terrain is recommended.
   B.         MINIMUM        NUMBER OF SAMPLING POINTS FOR FIXED MEASUREMENTS FOR ZONES
              AND AGGLOMERATIONS ATTAINING THE LONG-TERM OBJECTIVES
   The number of sampling points for ozone shall, in combination with other means of
   supplementary assessment such as air quality modelling and colocated nitrogen dioxide
   measurements, be sufficient to examine the trend of ozone pollution and check compliance
   with the long-term objectives. The number of stations located in agglomerations and other
   zones may be reduced to one-third of the number specified in Section A. Where information
   from fixed measurement stations is the sole source of information, at least one monitoring
   station shall be kept. If, in zones where there is supplementary assessment, the result of this is
   that a zone has no remaining station, coordination with the number of stations in neighbouring
   zones shall ensure adequate assessment of ozone concentrations against long-term objectives.
   The number of rural background stations shall be 1 per 100 000 km2.
EN                                                             49                                                          EN
 ---pagebreak---                                                ANNEX X
                 MEASUREMENTS OF OZONE PRECURSOR SUBSTANCES
   A.       OBJECTIVES
   The main objectives of such measurements are to analyse any trend in ozone precursors, to
   check the efficiency of emission reduction strategies, to check the consistency of emission
   inventories and to help attribute emission sources to observed pollution concentrations.
   An additional aim is to support the understanding of ozone formation and precursor dispersion
   processes, as well as the application of photochemical models.
   B.       SUBSTANCES
   Measurement of ozone precursor substances shall include at least nitrogen oxides (NO and
   NO2), and the following VOC:
                           1-Butene             Isoprene          Ethyl benzene
      Ethane               Trans-2-Butene       n-Hexane          m+p-Xylene
      Ethylene             cis-2-Butene         i-Hexane          o-Xylene
      Acetylene            1,3-Butadiene        n-Heptane         1,2,4-Trimethylebenzene
      Propane              n-Pentane            n-Octane          1,2,3- Trimethylebenzene
      Propene              i-Pentane            i-Octane          1,3,5- Trimethylebenzene
      n-Butane             1-Pentene            Benzene           Formaldehyde
      i-Butane             2-Pentene            Toluene           Total non-methane hydrocarbons
   C.       SITING
   Measurements shall be taken in particular in urban and suburban areas at any monitoring site
   set up in accordance with the requirements of this Directive and considered appropriate with
   regard to the monitoring objectives referred to in Section A.
EN                                                 50                                            EN
 ---pagebreak---                                                    ANNEX XI
                LIMIT VALUES FOR THE PROTECTION OF HUMAN HEALTH
     Averaging                  Limit value                       Margin of tolerance           Date by which
       Period                                                                                    limit value is
                                                                                                   to be met
   Sulphur dioxide
                    350 µg/m3, not to be exceeded more
   1 hour                                                           150 µg/ m3 (43%)
                       than 24 times a calendar year
                      125 µg/m3, not to be exceeded
   1 day                                                                  None
                     more than 3 times a calendar year
   Nitrogen dioxide
                                                         50% on 19 July 1999, decreasing on
                      200 µg/m3, not to be exceeded      1 January 2001 and every 12 months
   1 hour                                                                                       1 January 2010
                     more than 18 times a calendar year  thereafter by equal annual percentages
                                                         to reach 0% by 1 January 2010
                                                         50% on 19 July 1999, decreasing on
                                                         1 January 2001 and every 12 months
   Calendar year                 40 µg/m3                thereafter     by     equal    annual  1 January 2010
                                                         percentages to reach 0% by 1 January
                                                         2010
   Carbon monoxide
   max. daily 8-
                                 10 mg/m3                                60 %
   hour mean(1)
   Benzene
                                                         5 µg/m3 (100%) on 13 December
                                                         2000, decreasing on 1 January 2006
   Calendar year                  5 µg/m3                and every 12 months thereafter by      1 January 2010
                                                         1 µg/m3 to reach 0% by 1 January
                                                         2010
   Lead
   Calendar year                 0,5 µg/m3                               100 %
EN                                                      51                                                      EN
 ---pagebreak---    PM10
                     50 µg/ m3, not to be exceeded more
   1 day                                                                   50 %
                        than 35times a calendar year
   Calendar year                  40 µg/m3                                 20 %
   (1)
           The maximum daily 8-hour mean concentration will be selected by examining 8-hour running
           averages, calculated from hourly data and updated each hour. Each 8-hour average so calculated will
           be assigned to the day on which it ends i.e. the first calculation period for any one day will be the
           period from 17:00 on the previous day to 01:00 on that day; the last calculation period for any one day
           will be the period from 16:00 to 24:00 on that day.
EN                                                        52                                                       EN
 ---pagebreak---                                             ANNEX XII
                     INFORMATION AND ALERT THRESHOLDS
   A. ALERT THRESHOLDS FOR POLLUTANTS OTHER THAN OZONE
      To be measured over three consecutive hours at locations representative of air quality
      over at least 100 km 2 or an entire zone or agglomeration, whichever is the
      smaller.
                          Pollutant                                      Alert threshold
                       Sulphur dioxide                                      500 µg/m3
                      Nitrogen dioxide                                      400 µg/m3
   B. INFORMATION AND ALERT THRESHOLDS FOR OZONE
                Purpose                    Averaging period                       Threshold
       Information                                1 hour                           180 µg/m3
       Alert                                     1 hour (a)                        240 µg/m3
       (a)
                For the implementation of Article 18, the exceedance of the threshold is to be measured or
                predicted for three consecutive hours.
EN                                                 53                                                      EN
 ---pagebreak---                                         ANNEX XIII
              CRITICAL LEVELS FOR THE PROTECTION OF VEGETATION
                                                                   Date by which Critical
       Averaging period      Critical Level    Margin of tolerance
                                                                     Level is to be met
   Sulphur dioxide
    Calendar year and winter
                               20 µg/ m3             None
    (1 October to 31 March)
   Oxides of nitrogen
         Calendar year       30 µg/m3 NOx            None
EN                                          54                                            EN
 ---pagebreak---                                               ANNEX XIV
      EXPOSURE REDUCTION TARGET AND CONCENTRATION CAP FOR PM2,5
   A.    AVERAGE EXPOSURE INDICATOR
         The Average Exposure Indicator expressed in µg/m3 (AEI) shall be based upon
         measurements in urban background locations in zones and agglomerations
         throughout the territory of a Member State. It should be assessed as a 3-calendar year
         running annual mean concentration averaged over all sampling points established
         pursuant to Articles 6 and 7. The AEI for the reference year 2010 shall be the mean
         concentration of the years 2008, 2009 and 2010. Similarly, the AEI for the year 2020
         shall be the 3-year running mean concentration averaged over all sampling points for
         the years 2018, 2019 and 2020.
   B.    EXPOSURE REDUCTION TARGET
          Exposure Reduction Target relative to the AEI in 2010            Date by which the exposure
                                                                          reduction target should be met
                                 20 percent                                            2020
         Where the average exposure indicator expressed in µg/m3 in the reference year is
         7 µg/m3 or less the exposure reduction target shall be zero
   C.    CONCENTRATION CAP
           Averaging     Concentration                 Margin of tolerance (1)              Date by which
              Period          cap                                                           concentration
                                                                                           cap is to be met
            Calendar        25 µg/m3        20% on the entry into force of this           1 January 2010
               year                         Directive, decreasing on the next 1 January
                                            following and every 12 months thereafter
                                            by equal annual percentages to reach 0 %
                                            by 1 January 2010
          (1)
                    The maximum margin of tolerance applies also in accordance with Article 15(4)
EN                                                   55                                                     EN
 ---pagebreak---                                           ANNEX XV
      INFORMATION TO BE INCLUDED IN THE LOCAL, REGIONAL OR
       NATIONAL PLANS OR PROGRAMMES FOR IMPROVEMENT IN
                                 AMBIENT AIR QUALITY
   A.    INFORMATION TO BE PROVIDED UNDER ARTICLE 21 (PLANS OR PROGRAMMES)
   1.    Localisation of excess pollution
         (a)   region;
         (b)   city (map);
         (c)   measuring station (map, geographical coordinates).
   2.    General information:
         (a)   type of zone (city, industrial or rural area);
         (b)   estimate of the polluted area (km2) and of the population exposed to the
               pollution;
         (c)   useful climatic data;
         (d)   relevant data on topography;
         (e)   sufficient information on the type of targets requiring protection in the zone.
   3.    Responsible authorities
         Names and addresses of persons responsible for the development and
         implementation of improvement plans.
   4.    Nature and assessment of pollution:
         (a)   concentrations observed over previous years (before the implementation of the
               improvement measures);
         (b)   concentrations measured since the beginning of the project;
         (c)   techniques used for the assessment.
   5.    Origin of pollution
         (a)   list of the main emission sources responsible for pollution (map);
         (b)   total quantity of emissions from these sources (tonnes/year);
         (c)   information on pollution imported from other regions.
EN                                              56                                             EN
 ---pagebreak---    6.   Analysis of the situation
        (a)    details of those factors responsible for the exceedence (e.g. transport, including
               cross-border transport, formation of secondary pollutants in the atmosphere);
        (b)    details of possible measures for the improvement of air quality.
   7.   Details of those measures or projects for improvement which existed prior to the
        entry into force of this Directive, i.e:
        (a)    local, regional, national, international measures;
        (b)    observed effects of these measures.
   8.   Details of those measures or projects adopted with a view to reducing pollution
        following the entry into force of this Directive:
        (a)    listing and description of all the measures set out in the project;
        (b)    timetable for implementation;
        (c)    estimate of the improvement of air quality planned and of the expected time
               required to attain these objectives.
   9.   Details of the measures or projects planned or being researched for the long term.
   10.  List of the publications, documents, work, etc., used to supplement information
        required under this Annex.
   B.   INFORMATION              TO   BE       PROVIDED       UNDER        ARTICLE       20(1)(b)
        (AIR POLLUTION ABATEMENT PROGRAMME)
   1.   All information as laid down in Section A of this Annex.
   2.   Information concerning the status of implementation of the following Directives:
        (1)    Council Directive 70/220/EEC of 20 March 1970 on the approximation of the
               laws of the Member States on measures to be taken against air pollution by
               emissions from motor vehicles1;
        (2)    Council Directive 88/77/EEC of 3 December 1987 on the approximation of the
               laws of the Member States relating to the measures to be taken against the
               emission of gaseous and particulate pollutants from compression ignition
               engines for use in vehicles, and the emission of gaseous pollutants from
               positive ignition engines fuelled with natural gas or liquefied petroleum gas for
               use in vehicles2;
   1
       OJ L 76, 6.4.1970, p. 1.
   2
       OJ L 36, 9.2.1988, p. 33.
EN                                               57                                               EN
 ---pagebreak---        (3)    Directive 94/63/EC of the European Parliament and of the Council of
              20 December 1994 on the control of volatile organic compound (VOC)
              emissions resulting from the storage of petrol and its distribution from
              terminals to service stations3;
       (4)    Council Directive 96/61/EC of 24 September 1996 concerning integrated
              pollution prevention and control4;
       (5)    Directive 97/68/EC of the European Parliament and of the Council of
              16 December 1997 on the approximation of the laws of the Member States
              relating to measures against the emission of gaseous and particulate pollutants
              from internal combustion engines to be installed in non-road mobile machinery
              as amended5;
       (6)    Directive 98/70/EC of the European Parliament and of the Council of
              13 October 1998 relating to the quality of petrol and diesel fuels and amending
              Council Directive 93/12/EEC6;
       (7)    Council Directive 1999/13/EC of 11 March 1999 on the limitation of emissions
              of volatile organic compounds due to the use of organic solvents in certain
              activities and installations7;
       (8)    Council Directive 1999/32/EC of 26 April 1999 relating to a reduction in the
              sulphur content of certain liquid fuels and amending Directive 93/12/EEC8;
       (9)    Directive 2000/76/EC of the European Parliament and of the Council of
              4 December 2000 on the incineration of waste9;
       (10) Directive 2001/80/EC of the European Parliament and of the Council of
              23 October 2001 on the limitation of emissions of certain pollutants into the air
              from large combustion plants;
       (11) Directive 2001/81/EC of the European Parliament and of the Council of
              23 October 2001 on national emission ceilings for certain atmospheric
              pollutants;
       (12) Directive 2004/42/EC of the European Parliament and of the Council of
              21 April 2004 on the limitation of emissions of volatile organic compounds due
              to the use of organic solvents in certain paints and varnishes and vehicle
              refinishing products and amending Directive 1999/13/EC10;
   3
      OJ L 365, 31.12.1994, p. 24
   4
      OJ L 257, 10.10.1996, p. 22.
   5
      OJ L 59, 27.2.1998, p. 1.
   6
      OJ L 350, 28.12.1998, p. 58.
   7
      OJ L 85, 29.3.1999, p. 1.
   8
      OJ L 121, 11.5.1999, p. 13.
   9
      OJ L 332 , 28.12.2000, p. 91.
   10
      OJ L 143, 30.4.2004, p. 87.
EN                                            58                                                EN
 ---pagebreak---        (13) Directive […] of the European Parliament and of the Council on energy
              end-use efficiency and energy services11.
       (14) Directive […] of the European Parliament and of the Council amending
              Directive 1999/32/EC as regards the sulphur content of marine fuels12;
   3.  Information on all air pollution abatement measures that have been considered for
       implementation in connection with the attainment of air quality objectives, including:
       at the level of agglomeration or zone:
       (a)    reduction of emissions from stationary sources by ensuring that polluting small
              and medium sized stationary combustion sources (including for biomass) are
              fitted with emission control equipment or replaced;
       (b)    reduction of emissions from vehicles through retrofitting with emission control
              equipment. The use of economic incentives to accelerate take-up should be
              considered;
       (c)    procurement by public authorities, in line with the handbook on environmental
              public procurement13, of road vehicles, fuels and combustion equipment to
              reduce emissions, including the purchase of:
              –      new vehicles, including low emission vehicles,
              –      cleaner vehicle transport services,
              –      low emission stationary combustion sources,
              –      low emission fuels for stationary and mobile sources;
       (d)    measures to limit transport emissions through traffic planning and management
              (including congestion pricing, differentiated parking fees or other economic
              incentives; establishing “low emission zones”);
       (e)    measures to encourage a shift of transport towards less polluting modes;
       (f)    ensuring that low emission fuels are used in small, medium and large scale
              stationary sources and in mobile sources;
   11
      OJ L […], […], p. […].
   12
      OJ L […], […], p. […].
   13
      SEC(2004) 1050.
EN                                             59                                             EN
 ---pagebreak---    at regional or national level:
   (g)   measures to reduce air pollution through the permit system under
         Directive 96/61/EC, the national plans under Directive 2001/80/EC, and
         through the use of economic instruments such as taxes, charges or emission
         trading.
EN                                    60                                            EN
 ---pagebreak---                                         ANNEX XVI
                               PUBLIC INFORMATION
   1. Member States shall ensure that up-to-date information on ambient concentrations of
      the pollutants covered by this Directive is routinely made available to the public.
   2. Ambient concentrations provided shall be presented as average values according to
      the appropriate averaging period as laid down in Annex VII and Annexes XI to XIV.
      The information shall at least indicate any levels exceeding air quality objectives
      including limit values, concentration caps, target values, alert thresholds, information
      thresholds or long term objectives of the regulated pollutant. It shall also provide a
      short assessment in relation to the air quality objectives and appropriate
      information regarding effects on health, or, where appropriate, vegetation.
   3. Information on ambient concentrations of sulphur dioxide, nitrogen dioxide,
      particulate matter, ozone and carbon monoxide shall be updated on at least a daily
      basis, and, wherever practicable, information shall be updated on an hourly basis.
      Information on ambient concentrations of lead and benzene, presented as an
      average value for the last 12 months, shall be updated on a three-monthly basis, and
      on a monthly basis, wherever practicable.
   4. Member States shall ensure that timely information about actual or predicted
      exceedances of alert thresholds, and any information threshold is provided to the
      public. Details supplied shall include at least the following information:
      (a)    information on observed exceedance(s):
             –     location or area of the exceedance;
             –     type of threshold exceeded (information or alert);
             –     start time and duration of the exceedance;
             –     highest 1-hour concentration and in addition highest 8-hour mean
                   concentration in the case of ozone;
      (b)    forecast for the following afternoon/day(s):
             –     geographical area of expected exceedances of information and/or alert
                   threshold;
             –     expected changes in pollution (improvement, stabilisation                or
                   deterioration), together with the reasons for those changes;
      (c)    information on the type of population concerned, possible health effects and
             recommended behaviour:
             –     information on population groups at risk;
             –     description of likely symptoms;
EN                                           61                                                EN
 ---pagebreak---        –     recommended precautions to be taken by the population concerned;
       –     where to find further information;
   (d) information on preventive action to reduce pollution and/or exposure to it:
       indication of main source sectors; recommendations for action to reduce
       emissions;
   (e) in the case of predicted exceedences, Member State shall take steps to ensure
       that such details are supplied to the extent practicable.
EN                                      62                                           EN
 ---pagebreak---                                         ANNEX XVII
                                  CORRELATION TABLE
   This Directive    Directive        Directive         Directive        Directive
                     96/62/EC         1999/30/EC        2000/69/EC       2002/3/EC
   Article 1         Article 1        Article 1         Article 1        Article 1
   Article 2(1) to Article 2(1) to -                    -                -
   (5)               (5)
   Article 2(6) and -                 -                 -                -
   (7)
   Article 2(8)      Article 2(8)     Article 2(7)      -                -
   Article 2(9)      Article 2(6)     -                 -                Article 2(9)
   Article 2(10)     Article 2(7)     Article 2(6)      -                Article 2(11)
   Article 2(11)     -                -                 -                Article 2(12)
   Article     2(12) -                Article     2(13) Article 2(a) and -
   and (13)                           and (14)          (b)
   Article 2(14)     -                -                 -                Article 2(10)
   Article     2(15) Article 2(9) and Article 2(8) and -                 Article 2(7) and
   and (16)          (10)             (9)                                (8)
   Article     2(17) -                Article     2(11) -                -
   and (18)                           and (12)
   Article    2(19), -                -                 -                -
   (20) and (21)
   Article 2(22)     -                Article 2(10)     -                -
   Article     2(23) Article 6(5)     -                 -                -
   and (24)
   Article 2(25)     -                -                 -                Article 2(13)
   Article 3, with Article 3          -                 -                -
   the exception of
   paragraph (1)(f)
   Article 3(1)(f)   -                -                 -                -
EN                                            63                                          EN
 ---pagebreak---    Article 4        Article 2(9) and -                   -                 -
                    (10),     Article
                    6(1)
   Article 5        -                 Article 7(1)       Article 5(1)      -
   Article 6 (1) to Article 6 (1) to -                   -                 -
   (4)              (4)
   Article 6 (5)    -                 -                  -                 -
   Article 7        -                 Article 7 (2) and - Article 5(2)
                                      (3)          with and (3) with
                                      amendments         amendments
   Article 8        -                 Article 7(5)       Article 5(5)      -
   Article 9        -                 -                  -                 Article 9(1) 1st
                                                                           and            2nd
                                                                           subparagraphs
   Article 10       -                 -                  -                 Article 9(1) to
                                                                           (3)          with
                                                                           amendments
   Article 11(1)    -                 -                  -                 Article 9(4)
   Article 11(2)    -                 -                  -                 -
   Article 12       Article 9         -                  -                 -
   Article 13(1)    -                 Articles     3(1), Articles 3(1) and -
                                      4(1), 5(1) and 6 4
   Article 13(2)    -                 Articles 3(2) and -                  -
                                      4(2)
   Article 13(3)    -                 Article 5(5)       -                 -
   Article 14       -                 Articles 3(1) and -                  -
                                      4(1)         with
                                      amendments
   Article 15       -                 -                  -                 -
   Article 16(1)    -                 -                  -                 Articles 3(1) and
                                                                           4(1)
   Article 16(2)    -                 -                  -                 Article 3(2) and
                                                                           (3)
EN                                            64                                              EN
 ---pagebreak---    Article 16(3) -                 -                 -           Article 4(2)
   Article 17    -                 -                 -           Article 5
   Article 18    Article 10 with Article 8(3)        -           Article 6 with
                 amendments                                      amendments
   Article 19    -                 Articles 3(4) and -           -
                                   5(4)         with
                                   amendments
   Article 20    -                 -                 -           -
   Article 21    Article 8(1) to -                   -           -
                 (4)          with
                 amendments
   Article 22    Article 7(3) with -                 -           Article 7 with
                 amendments                                      amendments
   Article 23    Article 8(5) with -                 -           Article 8 with
                 amendments                                      amendments
   Article 24    -                 Article 8 with Article 7 with Article 6 with
                                   amendments        amendments  amendments
   Article 25    Article 11 with Article        5(2) -           Article 10 with
                 amendments        second                        amendments
                                   subparagraph
   Article 26(1) Article     12(1) -                 -           -
                 with
                 amendments
   Article 26(2) Article 11 with -                   -           -
                 amendments
   Article 26(3) -                 -                 -           -
   Article 26(4) -                 Annex IX with -               -
                                   amendments
   Article 27    Article 12(2)     -                 -           -
   Article 28    -                 Article 11        Article 9   Article 14
   Article 29    -                 -                 -           -
   Article 30    -                 -                 -           -
   Article 31    Article 13        Article 12        Article 10  Article 15
EN                                         65                                    EN
 ---pagebreak---    Article 32    Article 14 Article 13       Article 11     Article 17
   Article 33    Article 15 Article 14       Article 12     Article 18
   Annex I       -          Annex VIII with Annex VI        Annex VII
                            amendments
   Annex II      -          Annex V with Annex III
                            amendments
   Annex III     -          Annex VI         Annex IV       -
   Annex IV      -          -                -              -
   Annex V       -          Annex VII with Annex V          -
                            amendments
   Annex VI      -          Annex IX with Annex VII         Annex VIII
                            amendments
   Annex VII     -          -                -              Annex I, Annex
                                                            III section II
   Annex VIII    -          -                -              Annex IV
   Annex IX      -          -                -              Annex V
   Annex X       -          -                -              Annex VI
   Annex XI      -          Annex I, section Annex I, Annex -
                            I, Annex II, II
                            section I and
                            Annex III (with
                            amendments);
                            Annex         IV
                            (unchanged)
   Annex XII     -          Annex I, section -              Annex          II,
                            II, Annex II,                   section I
                            section II,
   Annex XIII    -          Annex I, section -              -
                            I, Annex II,
                            section I
   Annex XIV     -          -                -              -
   Annex      XV Annex IV   -                -              -
   Section A
EN                                  66                                         EN
 ---pagebreak---    Annex     XV - -          -         -
   Section B
   Annex XVI    - Article 8  Article 7 Article 6 with
                                       amendments
EN                        67                          EN