Amended proposal for a Council Directive relating to limit values for sulphur dioxide, oxides of nitrogen, particulate matter and lead
C 259/10 EN Official Journal of the European Communities 18. 8. 98 Amended proposal for a Council Directive relating to limit values for sulphur dioxide, oxides of nitrogen, particulate matter and leadØ(˛) (98/C 259/04) (Text with EEA relevance) COM(1998) 386 final - 97/0266(SYN) (Submitted by the Commission pursuant to Article 189a(2) of the EC Treaty on 8 July 1998) (˛) OJ C 9, 14. 1. 1998, p. 6. ORIGINAL PROPOSAL AMENDED PROPOSAL Recital 8a Whereas account should be taken of the need to assess air quality in tourist areas during the peak season; Recital 6a Whereas in order to facilitate the review stage of the Directive in 2003, the Commission and Member States should consider encouraging research into the effects of the pollutants referred to herein, namely sulphur dioxide, oxides of nitrogen, particulate matter and lead under the remit of the fifth framework research programme and other research programmes; Article 3(1) Member States shall take the necessary measures to ensure that concentrations of sulphur dioxide in ambient air, as assessed in accordance with Article 7, do not exceed the limit values set out in Section I of Annex I as from the dates specified therein. Member States shall take the necessary measures to ensure that concentrations of sulphur dioxide in ambient air, as assessed in accordance with Article 7, do not exceed the limit values set out in Section I of Annex I, as soon as possible and in any event no later than the dates specified therein. The margins of tolerance set out in Section I of Annex I shall apply in accordance with Article 8 of Directive 96/62/EC. Article 3(3) Member States shall record data on concentrations of sulphur dioxide averaged over 10 minutes from measuring stations at which hourly concentrations are measured. Member States shall report to the Commission the 98th and 99th percentile of 10Üminute concentrations measured within the calendar year at the same time as data are supplied on hourly concentrations. Member States shall, until 31 December 2003, record data on concentrations of sulphur dioxide averaged over 10 minutes from measuring stations selected by Member States to be representative of air quality within inhabited areas close to sources. Member States shall report to the Commission the number of 10Üminute concentrations which exceed 500Ømg/m— within the calendar year, the number of days within the calendar year on which this occurred and the maximum concentration recorded at the same time as data are supplied on hourly concenÜ trations. 18. 8. 98 EN Official Journal of the European Communities C 259/11 ORIGINAL PROPOSAL AMENDED PROPOSAL Article 4 Member States shall take the necessary measures to ensure that concentrations of nitrogen dioxide, and where applicable of nitrogen dioxide plus nitric oxide, in ambient air, as assessed in accordance with Article 7, do not exceed the limit values set out in Section I of Annex II as from the dates specified therein. 1. Ú Member States shall take the necessary measures to ensure that concentrations of nitrogen dioxide, and where applicable of nitrogen dioxide plus nitric oxide, in ambient air, as assessed in accordance with Article 7, do not exceed the limit values set out in Section I of Annex II as soon as possible and in any event no later than the dates specified therein. The margins of tolerance set out in Section I of Annex II shall apply in accordance with Article 8 of Directive 96/62/EC. The margins of tolerance set out in Section I of Annex II shall apply in accordance with Article 8 of Directive 96/62/EC. 2. Ú The alert threshold for concentrations of nitrogen dioxide in ambient air is set out in Section II of Annex II. Details to be supplied to the public in accordance with Article 10 of Directive 96/62/EC shall include as a minimum the items listed in Section III of Annex I. Article 5(1) Member States shall take the necessary measures to ensure that concentrations of PM10 in ambient air, as assessed in accordance with Article 7, do not exceed the limit values set out in Section I of Annex III as from the dates specified therein. Member States shall take the necessary measures to ensure that concentrations of PM10 in ambient air, as assessed in accordance with Article 7, do not exceed the limit values set out in Section I of Annex III as soon as later than the dates possible and specified therein. in any event no Article 8(1) shall steps appropriate Member States to take disseminate up to date information on ambient concenÜ trations of sulphur dioxide, oxides of nitrogen, particulate matter and lead to the public by means, for example, of broadcast media, press, information screens or computer network services and by notification of appropriate organisations such as environmental organiÜ sations, consumer organisations, organisations repreÜ senting the interests of sensitive populations and other pertinent healthcare bodies. A list of the organisations notified shall be sent to the Commission at the same time as information transmitted under Article 11 of Directive 96/62/EC. shall steps appropriate Member States to take disseminate up to date information on ambient concenÜ trations of sulphur dioxide, oxides of nitrogen, particulate matter and lead to the public by means, for example, of broadcast media, press, information screens or computer network services and by notification of appropriate organisations such as environmental organiÜ sations, consumer organisations, organisations repreÜ senting the interests of sensitive populations and other pertinent healthcare bodies. Information on ambient concentrations of sulphur dioxide, oxides of nitrogen and particulate matter shall be updated on an hourly basis. Information on ambient concentrations of lead shall be updated on a three monthly basis. A list of the organisations notified shall be sent to the Commission at the same time as information transmitted under Article 11 of Directive 96/62/EC. C 259/12 EN Official Journal of the European Communities 18. 8. 98 ORIGINAL PROPOSAL AMENDED PROPOSAL Article 8(3a) (new) All information supplied to the public and all organiÜ sations listed in Article 8(1) and (3) pursuant to Article 8 of this Directive and information supplied to the public pursuant to Article 10 of Directive 96/62/EC shall be clear, comprehensible and accessible for their stated purpose. Article 10 to shall submit the European The Commission Parliament and the Council not later than 31 December 2003 a report based on experience of the application of this Directive, and in particular, on the results of the most recent scientific research concerning the effects on human health of exposure to different fractions of particulate matter and to lead, and on progress achieved in methods of measuring and otherwise assessing concentrations of particulate matter in ambient air and the deposition of lead on surfaces. sulphur dioxide, to to shall recent submit scientific the European The Commission Parliament and the Council not later than 31 December 2003 a report based on experience of the application of this Directive. This report will include a review of the provisions of this Directive in the light of the results of the most in particular, the effects on human health of exposure to sulphur dioxide, to different fractions of particulate matter and to lead, and of technological developments including progress achieved in measuring and otherwise assessing concentrations of particulate matter in ambient air and the deposition of lead on surfaces. The report will, if appropriate, be accompanied by proposals amending the provisions of this Directive. research concerning 3. Limit value for the protection of ecosystems, to apply 3. Limit value for the protection of ecosystems. away from the immediate vicinity of sources. Annex I, Section I, point 3 3. Annual limit value for the protection of vegetation to apply away from the immediate vicinity of sources. 3. Annual limit value for the protection of vegetation. Annex II, Section I, point 3 Annex II, Section Ia (new) Alert threshold for nitrogen dioxide 400Ømg/m— measured over three successive hours at locations representative of air quality across an entire zone or agglomeration. 18. 8. 98 EN Official Journal of the European Communities C 259/13 ORIGINAL PROPOSAL AMENDED PROPOSAL Annex II, Section Ib (new) Minimum details to be supplied to the public when the alert threshold for nitrogen dioxide is exceeded Details to be supplied to the public should include as a minimum: - date, hour and place of occurrence - forecasts: - change in concentrations (improvement, stabiliÜ sation or deterioration) - geographical area concerned - duration - type of population potentially sensitive to the occurrence - precautions to be taken by the sensitive population concerned. Sampling points may be locations not in their immediate vicinity. representative of similar Sampling points should, where possible, also be represenÜ tative of similar locations not in their immediate vicinity Annex VI, Section Ia paragraph 3 Annex VI, Section Ia paragraph 4 (new) Sampling points should also be located on smaller islands or islands forming part of an archipelago. Annex VI, Section Ib paragraph 1 and 2 (new) Sampling points targeted at the protection of ecosystems or other vegetation should be sited to be representative of air quality away from the immediate vicinity of sources such as agglomerations and other built up areas, industrial installations and roads. As a guideline a sampling point should be sited to be representative of air quality in a surrounding area of at least 1Ø000 kmˇ. Sampling points directed at the protection of ecosystems and other vegetation should be sited beyond 20Økm from agglomerations or 5Økm from another built up area or industrial installation or major road. its territory which the Member State In zones on concerned special be should protection, sampling points should be sited with the aim of achieving this special protection. considers afforded C 259/14 EN Official Journal of the European Communities 18. 8. 98 ORIGINAL PROPOSAL AMENDED PROPOSAL Annex VI, Section Ib paragraph 3 (new) Sampling points should also be located on smaller islands or islands forming part of an archipelago. Annex VI, Section II, paragraph 1, indents 5 to 7 - traffic oriented samplers should be at least 25Øm from major junctions and should be no less than 4Øm from the centre of the nearest traffic lane, - traffic oriented samplers for the measurement of NO2 should be sited less than 5Øm from the kerb side, - in built up areas, traffic oriented samplers for the measurement of particulate matter or lead should be sited to be representative of air quality close to the building line. - traffic oriented samplers should be at least 25Øm from major junctions and between 2 and 5Øm from the nearest part of the vehicular carriageway, or at the building line if closer, unless there is a point at which the population may be directly or indirectly exposed to a higher concentration for a period which is significant in relation to the averaging period of the limit values. Annex VII, Section Ia. , before the first line, new line I. Minimum number of sampling points for continuous measurement to assess compliance with limit values for the protection of human health and alert thresholds in zones and agglomÜ erations where continuous measurement is the sole source of information Population of agglomeration or zone If concentrations exceed the upper assessment threshold If maximum concentrations are between the upper and lower assessment thresholds For SO2, in agglomerations where maximum concentrations are below the lower assessment threshold Z 250Ø000 2 1 Not applicable III. Sampling method and reference method of analysing III. Sampling method and reference method of analysing the concentration of lead in air. the concentration of lead in air. Annex IX, Section III (Annex 3 December 1982 on lead in ambient air) to Council Directive 82/884/EEC of The reference method for sampling shall be the method for PM10 described in draft European standard prEN 12341. The reference method of analysing the concenÜ tration of lead in air is described in the Annex to Council Directive 82/884/EEC of 3 December 1982 on lead in ambient air