Vastavalt jaotuskavale
11.01.2023 nr 18-1/23/113
Sisendi küsimine õhukvaliteedi direktiivide
muudatuste ettepanekute osas
Austatud koostööpartner
Euroopa Komisjon avalikustas 26. oktoobril 2022. a Euroopa rohelise kokkuleppe osana
õhukvaliteedi direktiivide muudatuste ettepaneku. Kehtivate õigusaktide rakendamise kogemuse
põhjal teeb komisjon ettepaneku karmistada saasteainete piirnorme ning tõhustada nende
rakendamist, kuna ainuüksi õhusaaste tõttu sureb igal aastal Euroopa Liidus enneaegselt peaaegu
300 000 inimest.
Õhukvaliteedi direktiivide muutmise eesmärkid on:
- saavutada õhukvaliteedi nullsaaste eesmärk aastaks 2050;
- liikuda lähemale 2021. aasta Maailma Terviseorganisatsiooni (WHO) soovituslikus juhises
olevate rangemate õhusaasteainete piirväärtuste kontsentratsioonide saavutamiseks;
- liita praegused kaks direktiivi (2008/50/EÜ ja 2004/107/EÜ) üheks ning ühtlustada eeskirjade
sätteid;
- vaadata regulaarselt läbi õhukvaliteedi standardid kooskõlas viimaste teaduslike tõenditega
(artikkel 3);
- täpsustada, täiendada ja lisada uusi mõisteid (artikkel 4);
- täiendada õhukvaliteedi parandamise kava õigusraamistikku ja jõustatavust ning viia sisse
uued sätted õiguskaitsele ligipääsuks, kompensatsiooniks ja karistusteks (nähakse ette ka
rohkem piiriülest koostööd õhukvaliteedi raames) (artiklid 21, 28, 29);
- kehtestada häiretasemed ka tahketele osakestele (seni on see kehtinud lämmastikdioksiidile
ja vääveldioksiidile) (artikkel 15);
- praeguse alumise ja ülemise hindamispiiri asemel on edaspidi üks ainus hindamispiir
saasteaine kohta (artikkel 7);
- parandada seirenõudeid ja -kvaliteeti, määrata uued täiendavad proovivõtukohad hetkel veel
reguleerimata saasteainete kohta. (artiklid 9, 10).
Euroopa Komisjoni teemakohase pressiteate koos Komisjoni teabelehtede ja küsimuste-vastuste
dokumentidega leiab siit.
Paldiski mnt 96/ Tallinn 13522/ 626 2802/
[email protected]/ www.envir.ee/
Registrikood 70001231
Keskkonnaministeerium on koostöös teiste ministeeriumidega koostamas eeltoodud ettepaneku
kohta Vabariigi Valitsuse seisukohti ja seejuures on meie jaoks väga olulised Teie tähelepanekud
antud ettepaneku osas, sh tuues välja Eesti erihuvid, mida arvesse peaks võtma.
Oma tähelepanekud ja märkused õhukvaliteedi direktiivide muudatuste ettepaneku kohta
palume saata
[email protected] ning
[email protected] hiljemalt 28.02.2023.
Kutsume Teid ka osalema 25.01.2023 kell 10.00–12.00 õhukvaliteedi direktiivide muudatuste
ettepaneku tutvustusel MS Teams-i vahendusel. Probleemide korral palun võtke ühendust Mikk
Toimiga.
Lugupidamisega
(allkirjastatud digitaalselt)
Heidi Koger
Välisõhu ja kiirgusosakonna juhataja
Lisad: 1. Ettepanek direktiivide muutmiseks
2. Ettepanekute lisad
3. Kalendrikutse 25.01.2023 koosolekule
Mikk Toim, 6345059
[email protected]
EUROPEAN
COMMISSION
Brussels, 26.10.2022
COM(2022) 542 final
ANNEXES 1 to 11
ANNEXES
to the
Proposal for a Directive of the European Parliament and of the Council
on ambient air quality and cleaner air for Europe (recast)
{SEC(2022) 542 final} - {SWD(2022) 345 final} - {SWD(2022) 542 final} -
{SWD(2022) 545 final}
EN EN
new
ANNEX I
AIR QUALITY STANDARDS
SECTION 1 - LIMIT VALUES FOR THE PROTECTION OF HUMAN HEALTH
Table 1 – Limit values for the protection of human health to be attained by 1 January 2030
Averaging period Limit value
PM2.5
1 day 25 μg/m3 not to be exceeded more than 18 times per calendar year
Calendar year 10 µg/m³
PM10
1 day 45 μg/m3 not to be exceeded more than 18 times per calendar year
Calendar year 20 μg/m3
Nitrogen dioxide (NO2)
1 hour 200 μg/m3 not to be exceeded more than once per calendar year
1 day 50 µg/m3 not to be exceeded more than 18 times per calendar year
Calendar year 20 μg/m3
Sulphur dioxide (SO2)
1 hour 350 μg/m3 not to be exceeded more than once per calendar year
1 day 50 μg/m3 not to be exceeded more than 18 times per calendar year
Calendar year 20 μg/m3
Benzene
Calendar year 3,4 μg/m3
Carbon monoxide (CO)
maximum daily 10 mg/m3
8-hour mean (1)
1 day 4 mg/m3 not to be exceeded more than 18 times per calendar year
EN 1 EN
Lead (Pb)
Calendar year 0,5 μg/m3
Arsenic (As)
Calendar year 6,0 ng/m³
Cadmium (Cd)
Calendar year 5,0 ng/m³
Nickel (Ni)
Calendar year 20 ng/m³
Benzo(a)pyrene
Calendar year 1,0 ng/m³
(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 1 day will be the period from 17.00 on the
previous day to 1.00 on that day; the last calculation period for any 1 day will be the period from 16.00 to
24.00 on that day.
Table 2 – Limit values for the protection of human health to be attained by [INSERT
TRANSPOSITION DEADLINE]
Averaging period Limit value
PM2.5
Calendar year 25 µg/m³
PM10
1 day 50 μg/m3 not to be exceeded more than 35 times per calendar year
Calendar year 40 μg/m3
Nitrogen dioxide (NO2)
1 hour 200 μg/m3 not to be exceeded more than 18 times per calendar year
Calendar year 40 μg/m3
Sulphur dioxide (SO2)
1 hour 350 μg/m3 not to be exceeded more than 24 times per calendar year
1 day 125 μg/m3 not to be exceeded more than 3 times per calendar year
EN 2 EN
Benzene
Calendar year 5 μg/m3
Carbon monoxide (CO)
maximum daily 10 mg/m3
8-hour mean (1)
Lead (Pb)
Calendar year 0,5 μg/m3
Arsenic (As)
Calendar year 6,0 ng/m³
Cadmium (Cd)
Calendar year 5,0 ng/m³
Nickel (Ni)
Calendar year 20 ng/m³
Benzo(a)pyrene
Calendar year 1,0 ng/m³
(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 1 day will be the period from 17.00 on the
previous day to 1.00 on that day; the last calculation period for any 1 day will be the period from 16.00 to
24.00 on that day.
EN 3 EN
SECTION 2 - OZONE TARGET VALUES AND ZONE LONG-TERM OBJECTIVES
A. Definitions and criteria
The ‘Accumulated Ozone exposure over a Threshold of 40 parts per billion’ (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 (CET) each day.
B. Ozone target values
Objective Averaging period Target value
Protection of Maximum daily 8- 120 μg/m3 not to be exceeded
human health hour mean (1) on more than 18
days per calendar
year averaged over
3 years (2)
Protection of the May to July AOT40 (calculated 18 000 μg/m3 × h
environment from 1-hour values) averaged over 5
years (2)
(1) 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 1 day will be the
period from 17.00 on the previous day to 1.00 on that day; the last calculation period for any 1 day
will be the period from 16.00 to 24.00 on the day.
(2) If the 3- or 5-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 1 year,
- for the target value for the protection of vegetation: valid data for 3 years.
C. Long-term objectives for ozone (O3)
Objective Averaging period Long-term objective
Protection of Maximum daily 100 μg/m3 (1)
human health 8-hour mean within
a calendar year
Protection of May to July AOT40 (calculated 6 000 μg/m3 × h
vegetation from 1 h values)
(1) 99th percentile (i.e. 3 exceedance days per year).
EN 4 EN
SECTION 3 - CRITICAL LEVELS FOR THE PROTECTION OF VEGETATION AND
NATURAL ECOSYSTEMS
Averaging period Critical level
Sulphur dioxide (SO2)
Calendar year and winter (1 October to 31 March) 20 μg/m3
Oxides of nitrogen (NOx)
Calendar year 30 μg/m3 NOx
SECTION 4 - ALERT AND INFORMATION THRESHOLDS
A. Alert thresholds for pollutants other than ozone
To be measured over 3 consecutive hours in the case of sulphur dioxide and nitrogen
dioxide, and over three consecutive days for PM10 and PM2.5, at locations representative
of air quality over at least 100 km2 or an entire zone, whichever is the smaller.
Pollutant Alert threshold
Sulphur dioxide (SO2) 500 μg/m3
Nitrogen dioxide (NO2) 400 μg/m3
PM2.5 50 μg/m3
PM10 90 μg/m3
B. Information and alert thresholds for ozone
Purpose Averaging period Threshold
Information 1 hour 180 μg/m3
Alert 1 hour (1) 240 μg/m3
(1) For the implementation of Article 20, the exceedance of the threshold is to be measured or predicted
for 3 consecutive hours.
EN 5 EN
SECTION 5 - AVERAGE EXPOSURE REDUCTION OBLIGATION FOR PM2.5 AND NO2
A. Average exposure indicator
The Average Exposure Indicator expressed in μg/m3 (AEI) shall be based upon
measurements in urban background locations in territorial units at NUTS 1 level
throughout the territory of a Member State. It shall be assessed as a 3-calendar-year
running annual mean concentration averaged over all sampling points of the relevant
pollutant established pursuant to Point B of Annex III in each NUTS 1 territorial unit.
The AEI for a particular year shall be the mean concentration of that same year and the
preceding 2 years.
Where Member States identify exceedances attributable to natural sources, contributions
from natural sources shall be deducted before calculating the AEI.
The AEI is used for the examination of whether the average exposure reduction
obligation is met.
B. Average exposure reduction obligations
As from 2030, the AEI shall not exceed a level that is:
– for PM2.5, 25% lower than the AEI was 10 years before, unless it is already no
higher than the average exposure concentration objective for PM2.5 defined in
Section C.
– for NO2, 25% lower than the AEI was 10 years before, unless it is already no
higher than the average exposure concentration objective for NO2 defined in
Section C.
C. Average exposure concentration objectives
The average exposure concentration objective shall be the following level of the AEI.
Pollutant Average exposure concentration objective
PM2.5 AEI = 5 µg/m3
NO2 AEI = 10 µg/m3
EN 6 EN
ANNEX II
ASSESSMENT THRESHOLDS
SECTION 1 - ASSESSMENT THRESHOLDS FOR HEALTH PROTECTION
Pollutant Assessment threshold (annual mean, unless specified)
PM2.5 5 µg/m3
PM10 15 µg/m3
Nitrogen dioxide (NO2) 10 µg/m3
Sulphur dioxide (SO2) 40 µg/m³ (24-hour mean)(1)
Benzene 1,7 µg/m3
Carbon monoxide (CO) 4 mg/m³ (24-hour mean)(1)
Lead (Pb) 0,25 µg/m3
Arsenic (As) 3,0 ng/m3
Cadmium (Cd) 2,5 ng/m3
Nickel (Ni) 10 ng/m3
Benzo(a)pyrene 0,12 ng/m3
Ozone (O3) 100 µg/m3 (maximum 8-hour mean)(1)
(1) 99th percentile (i.e. 3 exceedance days per year).
SECTION 2 - ASSESSMENT THRESHOLDS FOR THE PROTECTION OF
VEGETATION AND NATURAL ECOSYSTEMS
Pollutant Assessment threshold (annual mean, unless specified)
Sulphur dioxide (SO2) 8 μg/m3 (average between 1 October and 31 March)
Oxides of nitrogen (NOx) 19,5 μg/m3
EN 7 EN
ANNEX III
MINIMUM NUMBERS OF SAMPLING POINTS FOR FIXED MEASUREMENT
A. Minimum number of sampling points for fixed measurement to assess
compliance with limit values for the protection of human health, ozone target values,
long-term objectives, information thresholds and alert thresholds
1. Diffuse sources
Table 1 - Minimum number of sampling points for fixed measurement to assess compliance
with limit values for the protection of human health and alert thresholds in zones where fixed
measurement is the sole source of information (for all pollutants except ozone)
Population of Minimum number of sampling points if concentrations exceed the
zone (thousands) assessment threshold
NO2, Sum Minimum Minimum Pb, Cd, Benzo(a)
SO2, PM (1) PM10 PM2.5 As, Ni pyrene
CO, in PM10 in PM10
benzene
0 - 249 2 4 2 2 1 1
250 - 499 2 4 2 2 1 1
500 - 749 2 4 2 2 1 1
750 - 999 3 4 2 2 2 2
1 000 - 1 499 4 6 2 2 2 2
1 500 - 1 999 5 7 3 3 2 2
2 000 - 2 749 6 8 3 3 2 3
2 750 - 3 749 7 10 4 4 2 3
3 750 - 4 749 8 11 4 4 3 4
4 750 - 5 999 9 13 5 5 4 5
6 000+ 10 15 5 5 5 5
(1) The number of PM2.5 and NO2 sampling points in the urban background locations of urban areas shall meet
the requirements set out in Point B.
EN 8 EN
Table 2 - Minimum number of sampling points for fixed measurement to assess compliance
with ozone target values, long-term objectives and information and alert thresholds where
such measurements are the sole source of information (for ozone only)
Population Minimum number of sampling points if the number
(thousands) of sampling points is reduced by up to 50% (1)
< 250 1
< 500 2
< 1 000 2
< 1 500 3
< 2 000 4
< 2 750 5
< 3 750 6
≥ 3 750 1 additional sampling point per 2 million inhabitants
(1) At least 1 sampling point in areas where exposure of the population to the highest concentrations of ozone
is likely to occur. In agglomerations, at least 50 % of the sampling points shall be located in suburban
areas.
EN 9 EN
Table 3 - Minimum number of sampling points for fixed measurement to assess compliance
with limit values for the protection of human health and alert thresholds in zones where a
50% reduction of such measurements applies (for all pollutants except ozone)
Population of Minimum number of sampling points if the number of sampling
zone (thousands) points is reduced by up to 50%
NO2, Sum Minimum Minimum Pb, Cd, Benzo(a)
SO2, PM (1) PM10 PM2.5 As, Ni pyrene
CO, in PM10 in PM10
benzene
0 - 249 1 2 1 1 1 1
250 - 499 1 2 1 1 1 1
500 - 749 1 2 1 1 1 1
750 - 999 2 2 1 1 1 1
1 000 - 1 499 2 3 1 1 1 1
1 500 - 1 999 3 4 2 2 1 1
2 000 - 2 749 3 4 2 2 1 2
2 750 - 3 749 4 5 2 2 1 2
3 750 - 4 749 4 6 2 2 2 2
4 750 - 5 999 5 7 3 3 2 3
6 000+ 5 8 3 3 3 3
(1) The number of PM2.5 and NO2 sampling points in the urban background locations of urban areas shall
meet the requirements set out in Point B.
EN 10 EN
Table 4 - Minimum number of sampling points for fixed measurements to assess compliance
with ozone target values, long-term objectives and information and alert thresholds in zones
where a 50% reduction of such measurements applies (for ozone only)
Population of zone Minimum number of sampling points if the number of
(thousands) sampling points is reduced by up to 50% (1)
< 250 1
< 500 1
< 1 000 1
< 1 500 2
< 2 000 2
< 2 750 3
< 3 750 3
≥ 3 750 1 additional sampling point per 4 million inhabitants
(1) At least 1 sampling point in areas where exposure of the population to the highest concentrations of ozone
is likely to occur. In agglomerations, at least 50 % of the sampling points shall be located in suburban
areas.
For each zone, the minimum number of sampling points for fixed measurements set out
in the tables in this point shall include at least 1 background location sampling point and
1 sampling point in the area with the highest concentrations according to Point B, of
Annex IV provided this does not increase the number of sampling points. For nitrogen
dioxide, particulate matter, benzene and carbon monoxide, this shall include at least 1
sampling point focused on measuring contribution from transport emissions. However, in
the cases where there is only 1 sampling point required, this shall be in the area with the
highest concentrations to which the population is likely to be directly or indirectly
exposed.
For each zone, for nitrogen dioxide, particulate matter, benzene and carbon monoxide,
the total number of urban background location sampling points and the total number of
sampling points where the highest concentrations occur required shall not differ by more
than a factor of 2. The number of PM2.5 and nitrogen dioxide sampling points at urban
background locations shall meet the requirements set out in Point B.
2. 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. Such sampling points shall be sited such that the application of BAT (Best
Available Techniques) as defined by Directive 2010/75/EU can be monitored.
EN 11 EN
B. Minimum number of sampling points for fixed measurement to assess
compliance with the PM25 and NO2 average exposure reduction obligations for the
protection of human health
For PM2.5 and NO2 each, one sampling point per NUTS 1 region as described in
Regulation (EC) No 1059/2003, and at least 1 sampling point per million inhabitants
calculated over urban areas in excess of 100 000 inhabitants shall be operated for this
purpose. Those sampling points may coincide with sampling points under Point A.
C. Minimum number of sampling points for fixed measurements to assess
compliance with critical levels, and with long-term objectives for ozone
1. Critical levels for the protection of vegetation and natural ecosystems
If maximum concentrations exceed the 1 sampling point every 20 000 km2
critical levels
If maximum concentrations exceed the 1 sampling point every 40 000 km2
assessment threshold
In island zones the number of sampling points for fixed measurement shall be calculated
taking into account the likely distribution patterns of ambient air pollution and the
potential exposure of vegetation.
2. Long–term objective for the protection of human health and the environment for
ozone
For rural background measurement Member States shall ensure at least 1 sampling point
per 50 000 km2 as an average density over all zones per country. For complex terrain
1 sampling point per 25 000 km2 is recommended.
D. Minimum number of sampling points for fixed measurements of ultrafine
particles where high concentrations
Ultrafine particles shall be monitored at selected locations in addition to other air
pollutants. Sampling points to monitor ultrafine particles shall coincide, where
appropriate, with sampling points for particulate matter or nitrogen dioxide referred to in
Point A, and be sited in accordance with Section 3 of Annex VII. For this purpose, at
least 1 sampling point per 5 million inhabitants shall be established at a location where
high UFP concentrations are likely to occur. Member States that have fewer than
5 million inhabitants shall establish at least 1 fixed sampling point at a location where
high UFP concentrations are likely to occur.
Monitoring supersites at urban background or rural background locations established in
accordance with Article 10 shall not be included for the purpose of meeting the
requirements on the minimum number of sampling points for UFP set here.
EN 12 EN
ANNEX IV
ASSESSMENT OF AMBIENT AIR QUALITY
AND LOCATION OF SAMPLING POINTS
A. General
Ambient air quality shall be assessed in all zones as follows:
1. Ambient air quality shall be assessed at all locations except those listed in paragraph 2.
Points B and C shall apply to the location of sampling points. The principles established
by Points B and C shall also apply in so far as they are relevant in identifying the specific
locations in which concentration of the relevant pollutants are established where ambient
air quality is assessed through indicative measurements or modelling.
2. Compliance with the limit values directed at the protection of human health shall not be
assessed at the following locations:
(a) any locations situated within areas where members of the public do not have
access and there is no fixed habitation;
(b) in accordance with Article 4(1), on factory premises or at industrial sites to
which all relevant provisions concerning health and safety at work apply;
(c) on the carriageway of roads; and on the central reservations of roads except
where there is normally pedestrian access to the central reservation.
B. Macroscale siting of sampling points
1. Information
The siting of sampling points shall take into account national gridded data of emissions
reported under Directive (EU) 2016/2284 of the European Parliament and of the Council1
and emission data reported under the European Pollutant Release and Transfer Register.
2. Protection of human health
(a) Sampling points directed at the protection of human health shall be sited in such a
way as to provide data on all of the following:
(i) concentration levels in the areas within zones with the highest concentrations 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),
(ii) concentration levels in other areas within the zones which are representative of
the exposure of the general population, and
(iii) for arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons,
the deposition rates representing the indirect exposure of the population through the
food chain;
1
Directive (EU) 2016/2284 of the European Parliament and of the Council of 14 December 2016 on the
reduction of national emissions of certain atmospheric pollutants, amending Directive 2003/35/EC and
repealing Directive 2001/81/EC (OJ L 344, 17.12.2016, p. 1).
EN 13 EN
(b) sampling points shall in general be sited in such a way as to avoid measuring micro-
environments in the immediate vicinity of the sampling point, which means that a
sampling point must be sited in such a way that the air sampled is representative of
air quality for a street segment no less than 100 m in length at locations measuring
the contribution of road traffic and at least 250 m × 250 m at locations measuring the
contribution from industrial sites or other sources such as ports or airports, where
feasible;
(c) urban background locations shall be located so that their pollution level is influenced
by the integrated contribution from all sources upwind of the sampling point. The
pollution level shall not be dominated by a single source unless such a situation is
typical for a larger urban area. Those sampling points shall, as a general rule, be
representative for several square kilometres;
(d) where the objective is to measure the contribution of domestic heating, at least one
sampling point shall be installed within the main wind direction of these sources;
(e) where the objective is to assess rural background levels, the sampling point shall not
be influenced by urban areas or industrial sites in its vicinity, i.e. sites closer than
5 km;
(f) where contributions from industrial sources, ports or airports are to be assessed, at
least 1 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. The sampling points
shall be sited such that the application of BAT can be monitored;
(g) sampling points shall, where possible, also be representative of similar locations not
in the immediate vicinity of the sampling points. In the zones where the level of air
pollutants is above the assessment threshold, the area which each sampling point is
representative of shall be clearly defined. The whole zone shall be covered by the
different areas of representativeness defined for each sampling points;
(h) account shall be taken of the need to locate sampling points on islands where that is
necessary for the protection of human health;
(i) sampling points measuring arsenic, cadmium, mercury, nickel and polycyclic aromatic
hydrocarbons shall, where possible, be co-located with sampling points for PM10.
When defining the spatial representativeness area the following associated characteristics
shall be considered:
(a) the geographical area may include non-contiguous domains but shall be limited in its
extension by the borders of the air quality zone under consideration;
(b) if assessed via modelling, a fit-for-purpose modelling system shall be used and
modelled concentrations shall be used at station location to prevent systematic
model-measurement biases from distorting the assessment;
(c) other metrics than absolute concentrations can be considered (e.g. percentiles);
(d) the tolerance levels and possible cut-offs for the different pollutants may change
depending on the station characteristics;
(e) the annual average of the observed pollutant concentration shall be used as the air
quality metric for a specific year.
EN 14 EN
3. Protection of vegetation and natural ecosystems
Sampling points targeted at the protection of vegetation and natural ecosystems shall be
sited more than 20 km away from urban areas or more than 5 km away from other built-
up areas, industrial sites or motorways or major roads with traffic counts of more than
50 000 vehicles per day, 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 or of the opportunities to protect particularly vulnerable areas.
Account shall be taken of the need to assess air quality on islands.
4. Additional criteria for ozone sampling points
The following apply to fixed and indicative measurements:
Type of sampling Objectives of Representat Macro-scale siting criteria
point measurement iveness (1)
Urban background Protection of human 1 to Away from the influence of
locations for ozone health: 10 km2 local emissions such as traffic,
assessments petrol stations, etc.;
to assess the exposure
of the urban vented locations where well
population to ozone, mixed levels can be measured;
i.e. where population locations such as residential and
density and ozone commercial areas of cities, parks
concentration are (away from trees), wide streets
relatively high and or squares with very little or no
representative of the traffic, open areas characteristic
exposure of the of educational, sports or
general population recreation facilities.
Suburban locations for Protection of human 10 to At a certain distance from the
ozone assessments health and vegetation: 100 km2 area of maximum emissions,
downwind following the main
to assess the exposure
wind direction/directions during
of the population and
conditions favourable to ozone
vegetation located in
formation;
the outskirts of the
urban area, with the where population, sensitive
highest ozone levels crops or natural ecosystems
to which the located in the outer fringe of an
population and urban area are exposed to high
vegetation are likely ozone levels;
to be directly or where appropriate, some
indirectly exposed. suburban sampling points also
upwind of the area of maximum
emissions, in order to determine
EN 15 EN
the regional background levels
of ozone.
Rural locations for Protection of human Sub-regional Sampling points may be located
ozone assessments health and vegetation: levels in small settlements and/or areas
with natural ecosystems, forests
to assess the exposure (100 to
or crops;
of population, crops 1 000 km2)
and natural representative for ozone away
ecosystems to sub- from the influence of immediate
regional scale ozone local emissions such as
concentrations. industrial sites and roads;
at open area sites, but not on
summits of higher mountains.
Rural background Protection of human Regional/nat Sampling points located in areas
locations for ozone health and vegetation: ional/contin with lower population density,
assessments ental levels e.g. with natural ecosystems,
to assess the exposure
forests, at a distance of at least
of crops and natural (1 000 to
20 km from urban and industrial
ecosystems to 10 000 km2)
areas and away from local
regional-scale ozone
emissions;
concentrations as well
as exposure of the avoid locations which are
population. subject to locally 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.
(1) Sampling points shall, where possible, be representative of similar locations not in the immediate vicinity of the
sampling points.
The locations of sampling points for rural locations and rural background locations for
ozone assessment shall, where appropriate, be coordinated with the monitoring
requirements of Commission Regulation (EC) No 1737/20062.
C. Micro-scale siting of sampling points
In so far as is practicable, the following shall apply:
(a) the flow around the sampling point inlet shall be unrestricted (in general free in an arc
of at least 270°, or, for sampling points at the building line, of at least 180°) without
any obstructions affecting the airflow in the vicinity of the inlet (at least 1,5 m away
from buildings, balconies, trees and other obstacles, and at least 0,5 m from the
2
Commission Regulation (EC) No 1737/2006 of 7 November 2006 laying down detailed rules for the
implementation of Regulation (EC) No 2152/2003 of the European Parliament and of the Council concerning
monitoring of forests and environmental interactions in the Community (OJ L 334, 30.11.2006, p. 1).
EN 16 EN
nearest building in the case of sampling points representing air quality at the building
line);
(b) in general, the sampling point inlet shall be between 0,5 m (the breathing zone) and
4 m above the ground. Higher siting (up to 8m) may be appropriate if the sampling
point is representative of a large area (a background location) or in other specific
circumstances and any derogations shall be fully documented;
(c) 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 to which members of
the public are unlikely to be exposed;
(d) the sampler's exhaust outlet shall be positioned so that recirculation of exhaust air to
the sampler inlet is avoided;
(e) for all pollutants, sampling probes shall be at least 25 m from the edge of major
junctions and no more than 10 m from the kerbside; for the purposes of this point, a
‘kerbside’ means the line that separates motorised traffic from other areas; a ‘major
junction’ means a junction which interrupts the traffic flow and causes different
emissions (stop&go) from the rest of the road;
(f) for the deposition measurements in rural background locations, the guidelines and
criteria of EMEP shall apply as far as practicable;
(g) for ozone measurement, Member States shall ensure that the sampling point is
positioned well away from sources such as furnaces and incineration flues, and more
than 10 m from the nearest road, with distance increasing as a function of traffic
intensity.
The following factors may also be taken into account:
(a) interfering sources;
(b) security;
(c) access;
(d) availability of electrical power and telephone communications;
(e) visibility of the site in relation to its surroundings;
(f) safety of the public and operators;
(g) the desirability of co-locating sampling points for different pollutants;
(h) planning requirements.
D. Site selection, its review and documentation
1. The competent authorities responsible for air quality assessment shall for all zones
fully document the site-selection procedures and record information to support the
network design and choice of location for all monitoring sites. The design of the
monitoring network shall be supported at least by either modelling or indicative
measurements.
2. The documentation shall include the location of the sampling points through spatial
coordinates, detailed maps and shall include information on the spatial
representativeness of all sampling points.
EN 17 EN
3. The documentations shall include any deviation from the micro-scale siting criteria,
their underlying reasons and the likely impact on measured levels.
4. Where indicative measurements, modelling or objective estimation, or a combination
thereof are used within a zone, the documentation shall include details of these
methods and information on how the criteria listed in Article 9(3) are met.
5. Where indicative measurements, modelling or objective estimation are used,
competent authorities shall use gridded data reported under Directive (EU) 2016/2284
and emission information reported under Directive 2010/75/EU.
6. For ozone measurements, Member States shall apply 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.
7. When applicable, the list of ozone precursors substances, the objective sought for
measuring them and the methods used to sample and measure them shall be part of the
documentation.
8. When applicable, information of the measurement methods used for the measurement
of the chemical composition of PM2.5 shall also be part of the documentation.
9. At least every 5 years the selection criteria, network design and monitoring site
locations, defined by the competent authorities in view of the requirements of this
Annex, shall be reviewed to ensure they remain valid and optimal overtime. The
review shall be supported at least by either modelling or indicative measurements.
10. The documentation shall be updated following every review and other relevant
changes to the monitoring network, and shall be made public through appropriate
communication channels
EN 18 EN
ANNEX V
DATA QUALITY OBJECTIVES
A. Uncertainty of measurements and modelling for ambient air quality assessment
1. Uncertainty for measurement and modelling of long-term mean concentrations (annual
mean)
Maximum ratio of
uncertainty of
modelling and
Maximum uncertainty objective estimation
Maximum uncertainty of indicative over uncertainty of
Air pollutant of fixed measurements measurements (1) fixed measurements
Absolute Relative Absolute Relative Maximum ratio
value value value value
PM2.5 3,0 µg/m3 30 % 4,0 µg/m3 40 % 1,7
PM10 4,0 µg/m3 20 % 6,0 µg/m3 30 % 1,3
NO2 / NOx 6,0 µg/m3 30 % 8,0 µg/m3 40 % 1,4
Benzene 0,75 µg/m3 25 % 1,2 µg/m3 35 % 1,7
Lead 0,125 µg/m3 25 % 0,175 µg/m3 35 % 1,7
Arsenic 2,4 ng/m3 40 % 3,0 ng/m3 50 % 1,1
Cadmium 2,0 ng/m3 40 % 2,5 ng/m3 50 % 1,1
Nickel 8,0 ng/m3 40 % 10,0 ng/m3 50 % 1,1
Benzo(a)pyrene 0,5 ng/m3 50 % 0,6 ng/m3 60 % 1,1
(1) When using indicative measurements for other purposes other than compliance assessment, such as, but not
only: design or review of the monitoring network, model calibration and validation, the uncertainty may be
that established for modelling applications.
EN 19 EN
2. Uncertainty for measurement and modelling of short-term mean concentrations
Maximum ratio of
uncertainty of
modelling and
Maximum uncertainty objective estimation
Maximum uncertainty of indicative over uncertainty of
Air pollutant of fixed measurements measurements (1) fixed measurements
Absolute Relative Absolute Relative Maximum ratio
value value value value
PM2.5 (24-hour) 6,3 µg/m3 25 % 8,8 µg/m3 35 % 2,5
PM10 (24-hour) 11,3 µg/m3 25 % 22,5 µg/m3 50 % 2,2
NO2 (daily) 7,5 µg/m3 15 % 12,5 µg/m3 25 % 3,2
NO2 (hourly) 30 µg/m3 15 % 50 µg/m3 25 % 3,2
SO2 (daily) 7,5 µg/m3 15 % 12,5 µg/m3 25 % 3,2
SO2 (hourly) 52,5 µg/m3 15 % 87,5 µg/m3 25 % 3,2
CO (24-hour) 0,6 mg/m3 15 % 1,0 mg/m3 25 % 3,2
CO (8-hour) 1,0 mg/m3 10 % 2,0 mg/m3 20 % 4,9
Ozone (peak
season):
10,5 µg/m3 15 % 17,5 µg/m3 25 % 1,7
uncertainty of
the 8h values
Ozone (8h mean) 18 µg/m3 15 % 30 µg/m3 25 % 2,2
(1) When using indicative measurements for other purposes other than compliance assessment, such as, but not
only: design or review of the monitoring network, model calibration and validation, the uncertainty may be that
established for modelling applications.
The uncertainty for measurements (expressed at a 95 % confidence level) of the
assessment methods shall be calculated in line with the respective EN standard of each
pollutant. For methods where no standard is available, the uncertainty of the assessment
method shall be evaluated in accordance with the principles of the Joint Committee for
Guidance in Metrology (JCGM) 100:2008 ‘Evaluation of measurement data - Guide to
the Expression of Uncertainty in Measurement’ and the methodology in Part 5 of ISO
5725:1998. For indicative measurements, uncertainty shall be calculated according to the
guidance on the demonstration of equivalence referred to in Point B of Annex VI.
The percentages for uncertainty in the tables in this Section apply for all limit values (and
the ozone target value) that are calculated by simple averaging of individual
measurements such as hourly mean, daily mean or yearly mean values without
considering the additional uncertainty for the calculation of the number of exceedances.
The uncertainty shall be interpreted as being applicable in the region of the appropriate
EN 20 EN
limit values (or ozone target value). The uncertainty calculation does not apply to AOT40
and values that include more than 1 year, more than 1 station (e.g. AEI) or more than 1
component. They are also not applicable for information thresholds, alert thresholds and
critical levels for the protection of vegetation and natural ecosystems.
The uncertainty of measurement data used for ambient air quality assessment shall not
exceed either the absolute value or the relative value expressed in this Section.
The maximum uncertainty of modelling is set to the uncertainty for fixed measurements
multiplied by the applicable maximum ratio. The modelling quality objective (i.e. a
modelling quality indicator less or equal to 1) shall be verified at least at 90% of the
available monitoring points, over the assessment area and period considered. At a given
monitoring point, the modelling quality indicator shall be calculated as the ratio of the
root mean square error(s) between modelling results and measurements over the square
root of the quadratic sum(s) of the modelling and measurement uncertainties, over an
entire assessment period. Note that the sum will reduce to a single value when annual
means are considered. All fixed measurements meeting the data quality objectives (i.e.
uncertainty of measurement and data coverage of measurement as specified in Sections A
and B of this Annex, respectively) located in the modelling assessment area shall be used
for the evaluation of uncertainty of modelling. Note that the maximum ratio shall be
interpreted as being applicable over the entire concentration range.
For short-term mean concentrations, the maximum uncertainty of measurement data used
to assess the modelling quality objective shall be the absolute uncertainty calculated
using the relative value expressed in this Section, above the limit value and shall decrease
linearly from the absolute value at the limit value, to a threshold at zero concentration3.
Both the short-term and long-term modelling quality objectives shall be fulfilled.
For modelling of annual mean concentrations of benzene, lead, arsenic, cadmium, nickel
and benzo(a)pyrene, the maximum uncertainty of measurement data used for assessing
the modelling quality objective shall not exceed the relative value expressed in this
Section.
For modelling of annual mean concentrations of PM2.5, PM10, and nitrogen dioxide the
maximum uncertainty of measurement data used for assessing the modelling quality
objective shall not exceed either the absolute value or the relative value expressed in this
Section.
Where an air quality model is used for assessment, references to descriptions of the
model and information on the calculation of the modelling quality objective shall be
compiled.
The uncertainty of objective estimation shall not exceed the uncertainty for indicative
measurements by more than the applicable maximum ratio and shall not exceed 85%. The
uncertainty for objective estimation is defined as the maximum deviation of the measured
and calculated concentration levels, over the period considered, by the limit value (or
ozone target value), without taking into account the timing of the events.
3
The threshold shall be set to 4, 3, 10, 3 and 5 ug/m3 for PM10, PM2.5, O3, NO2 and SO2, respectively and
0.5 mg/m3 for CO. These values represent the state of knowledge and shall be regularly updated at least
every 5 years, to reflect developments in the state-of-art.
EN 21 EN
B. Data coverage of measurements for ambient air quality assessment
“Data coverage” refers to the proportion of the measurement period for which valid
measurement data are available, expressed as a percentage.
Minimum data coverage
Air pollutant
Fixed measurements Indicative measurements
Annual 1-hour, 8-hour Annual 1-hour, 8-hour
means or 24-hour means or 24-hour
means (1) means (1)
SO2, NO2/NOx, CO, O3 85 % (2) 75% (3) 13 % 50 % (4)
PM10, PM2.5 85 % 75% 13 % 50%
Benzene 85 % - 13 % -
Benzo(a)pyrene, polycyclic 30 % - 13 % -
aromatic hydrocarbons
(PAH), total gaseous
mercury
As, Cd, Ni, Pb 45 % - 13 % -
BC, Ammonia (NH3), UFP, 80 % - 13 % -
particle size number
distribution of UFP
Total Deposition - - 30% -
(1) For O3 and CO, the calculation of the ‘maximum daily 8-hour mean’ for any specific day requires a
minimum 75% of the hourly running eight-hour averages (i.e. 18 eight-hour averages per day).
(2) For O3, minimum data coverage requirements are to be met both for the full calendar year, and for the
periods of April to September, and October to March, respectively.
Assessment of the AOT40 for ozone minimum data coverage requirements are to be met during the time
period defined for calculating the AOT40 value.
(3) For the assessment of annual mean values, Member States may apply random measurements instead of
continuous measurements if they can demonstrate to the Commission that the uncertainty, including the
uncertainty due to random sampling, meets the quality objectives in the table and the time coverage is still
larger than the minimum data 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’.
(4) For O3, minimum data coverage applies for the period of April to September (no criterium of minimum data
coverage is required during the winter period).
Fixed measurements of SO2, NO2, CO, O3, PM10, PM2.5 and benzene are to be carried out
continuously during the full calendar year.
EN 22 EN
For the other cases, measurements are to be evenly distributed over the calendar year (or
over the April-September period for indicative measurements of O3). In order to comply
with these requirements and to ensure that any potential losses of data do not skew
results, the minimum data coverage requirements shall be met for specific periods
(quarter, month, weekday) of the whole year depending on the pollutant and
measurement method/frequency.
For the assessment of annual mean values via indicative measurements, Member States
may apply random measurements instead of continuous measurements if they can
demonstrate that the uncertainty, including the uncertainty due to random sampling,
meets the required data quality objectives and minimum data coverage for indicative
measurements. Such random sampling shall 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’.
The requirements for minimum data coverage do not include loss(es) of data due to the
regular calibration or the normal maintenance of the instrumentation. Such maintenance
shall not take place during pollution peak periods.
24-hour sampling is required for the measurement of benzo(a)pyrene and other polycyclic
aromatic hydrocarbons. Individual samples taken over a period of up to 1 month may be
combined and analysed as a composite sample, provided the method ensures that the
samples are stable for that period. The three congeners benzo(b)fluoranthene,
benzo(j)fluoranthene, benzo(k)fluoranthene can be difficult to resolve analytically. In
such cases, they can be reported as a sum together. Sampling must be spread evenly over
the weekdays and the year. For the measurement of deposition rates monthly, or weekly,
samples throughout the year are recommended.
Furthermore, those provisions on individual samples shall also apply to arsenic,
cadmium, nickel and total gaseous mercury. Moreover, sub–sampling of PM10 filters for
metals for subsequent analysis is allowed, providing there is evidence that the sub-sample
is representative of the whole and that the detection sensitivity is not compromised when
compared with the relevant data quality objectives. As an alternative to daily sampling,
weekly sampling for metals in PM10 is allowed provided that the collection characteristics
are not compromised.
Member States may use wet sampling only, instead of bulk sampling, if they can
demonstrate that the difference between them is within 10 %. Deposition rates shall
generally be given as μg/m2 per day.
C. Methods for assessing compliance and estimating statistical parameters to
account for low data coverage or significant data losses
An assessment of compliance with the relevant limit and ozone target value shall be
carried out regardless of whether the data quality objectives are achieved, provided the
available data allows for a conclusive assessment. In cases relating to the short-term limit
and ozone target values, measurements that only cover a fraction of the calendar year,
and that have not delivered sufficient valid data as required by Point B, may still
constitute non-compliance. Where this is the case, and there are no clear grounds to doubt
the quality of the valid data acquired, this shall be considered an exceedance of the limit
or target value and be reported as such.
EN 23 EN
D. Results of air quality assessment
The following information shall be compiled for zones where air quality modelling or
objective estimation is used:
(a) a description of assessment activities carried out,
(b) the specific methods used, with references to descriptions of the method,
(c) the sources of data and information,
(d) a description of results, including uncertainties and, in particular, the extent of any
area or, if relevant, the length of road within the zone over which concentrations
exceed any limit value, ozone target value or long-term objective, and of any area
within which concentrations exceed the assessment threshold,
(e) the population potentially exposed to levels in excess of any limit value for protection
of human health.
E. 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 Point A, the appropriate competent authorities and bodies designated
pursuant to Article 5 shall ensure the following:
(a) that all measurements undertaken in relation to the assessment of ambient air quality
pursuant to Article 8 are traceable in accordance with the requirements set out in the
harmonised standard for testing and calibration laboratories;
(b) that institutions operating networks and individual sampling points have an
established quality assurance and quality control system which provides for regular
maintenance to assure the continued accuracy of measuring devices. The quality
system shall be reviewed as necessary and at least every 5 years by the relevant
national reference laboratory;
(c) that a quality assurance/quality control process is established for the process of data
collection and reporting and that organisations appointed for this task actively
participate in the related Union-wide quality assurance programmes;
(d) that the national reference laboratories are appointed by the appropriate competent
authority or body designated pursuant to Article 5 of this Directive and are accredited
for the reference methods referred to in Annex VI to this Directive, at least for those
pollutants for which concentrations are above the assessment threshold, according to
the relevant harmonised standard for testing and calibration laboratories, the reference
to which has been published in the Official Journal of the European Union pursuant
to Article 2(9) of Regulation (EC) No 765/2008 of the European Parliament and of
the Council4 setting out the requirements for accreditation and market surveillance.
These laboratories shall also be responsible for the coordination in Member State's
territory of the Union-wide quality assurance programmes to be organised by the
Commission's Joint Research Centre and shall also be responsible for coordinating,
4
Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the
requirements for accreditation and market surveillance relating to the marketing of products and repealing
Regulation (EEC) No 339/93 (OJ L 218, 13.8.2008, p. 30).
EN 24 EN
on the national level, the appropriate use of reference methods, and the demonstration
of equivalence of non-reference methods. National reference laboratories organising
intercomparison on the national level shall also be accredited according to the
relevant harmonised standard for proficiency testing;
(e) that the national reference laboratories take part at least every 3 years in the Union-
wide quality assurance programmes organised by the Joint Research Centre for at
least those pollutants for which concentrations are above the assessment threshold.
Participation for other pollutants is recommended. If this participation produces
unsatisfactory results, then the national laboratory shall demonstrate at the next
participation in the intercomparison satisfactory remediation measures, and provide a
report to the Joint Research Centre on these measures;
(f) that the national reference laboratories support the work done by the European
network of National Reference Laboratories set up by the Commission's Joint
Research Centre;
(g) that the European network of National Reference Laboratories be responsible for the
periodic review, at least every 5 years, of the measurement uncertainties listed in the
first two columns of Tables 1 and 2 of this Annex and subsequent proposal of any
necessary changes to the Commission.
2. All reported data under Article 23 shall be deemed to be valid except data flagged as
provisional.
F. Promotion of harmonised air quality modelling approaches
1. To promote and support the harmonised use of scientifically sound air quality
modelling approaches by the competent authorities with an emphasis on model
application, the appropriate competent authorities and bodies designated pursuant to
Article 5 shall ensure the following:
(a) that the designated reference institutions participate in the European network of air
quality modelling set up by the Commission's Joint Research Centre;
(b) that best practices in air quality modelling identified by the network through
scientific consensus are adopted in relevant applications of air quality modelling for
the purposes of fulfilling legal requirements pursuant to Union legislation, without
prejudice to model adaptations necessitated by singular circumstances;
(c) that the quality of relevant applications of air quality modelling is periodically
checked and improved through intercomparison exercises organised by the
Commission’s Joint Research Centre;
(d) that the European network of air quality modelling be responsible for the periodic
review, at least every 5 years, of the ratio of modelling uncertainties listed in the final
columns of Tables 1 and 2 of this Annex and subsequent proposal of any necessary
changes to the Commission.
EN 25 EN
ANNEX VI
REFERENCE METHODS FOR ASSESSMENT OF CONCENTRATIONS IN
AMBIENT AIR AND DEPOSITION RATES
A. Reference methods for the assessment of concentrations of sulphur dioxide,
nitrogen dioxide and oxides of nitrogen, particulate matter (PM10 and PM2.5), lead,
benzene, carbon monoxide, arsenic, cadmium, mercury, nickel, polycyclic aromatic
hydrocarbons, ozone and other pollutants in ambient air and deposition rates
1. Reference method for the measurement of sulphur dioxide in ambient air
The reference method for the measurement of sulphur dioxide is that described in EN
14212:2012 ‘Ambient air — Standard method for the measurement of the concentration of
sulphur dioxide by ultraviolet fluorescence’.
2. Reference method for the measurement of nitrogen dioxide and oxides of
nitrogen in ambient air
The reference method for the measurement of nitrogen dioxide and oxides of nitrogen is
that described in EN 14211:2012 ‘Ambient air — 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 PM10 in ambient air
The reference method for the sampling and measurement of PM10 is that described in
EN12341:2014 ‘Ambient Air — Standard gravimetric measurement method for the
determination of the PM10 or PM2.5 mass concentration of suspended particulate matter’.
4. Reference method for the sampling and measurement of PM2.5 in ambient air
The reference method for the sampling and measurement of PM2.5 is that described in
EN12341:2014 ‘Ambient Air — Standard gravimetric measurement method for the
determination of the PM10 or PM2.5 mass concentration of suspended particulate matter’.
5. Reference method for the sampling and measurement of lead, arsenic,
cadmium and nickel in ambient air
The reference method for the sampling of lead, arsenic, cadmium and nickel is that
described in EN 12341:2014 ‘Ambient Air — Standard gravimetric measurement method
for the determination of the PM10 or PM2.5 mass concentration of suspended particulate
matter’. The reference method for the measurement of lead, arsenic, cadmium and nickel is
that described in EN 14902:2005 ‘Standard method for measurement of Pb/Cd/As/Ni in the
PM10 fraction of suspended particulate matter’.
6. Reference method for the sampling and measurement of benzene in ambient air
The reference method for the sampling and measurement of benzene is that described in
EN 14662, parts 1 (2005), 2 (2005) and 3 (2016) ‘Ambient air quality — Standard method
for measurement of benzene concentrations’.
7. Reference method for the measurement of carbon monoxide in ambient air
The reference method for the measurement of carbon monoxide is that described in EN
14626:2012 ‘Ambient air — Standard method for the measurement of the concentration of
carbon monoxide by non-dispersive infrared spectroscopy’.
EN 26 EN
8. Reference method for the sampling and measurement of polycyclic aromatic
hydrocarbons in ambient air
The reference method for the sampling of polycyclic aromatic hydrocarbons in ambient
air is described in EN 12341:2014 ‘Ambient Air — Standard gravimetric measurement
method for the determination of the PM10 or PM2.5 mass concentration of suspended
particulate matter’. The reference method for the measurement of benzo(a)pyrene in
ambient air is that described in EN 15549:2008 ‘Air quality — Standard method for the
measurement of concentration of benzo[a]pyrene in ambient air’. In the absence of a CEN
standard method for the other polycyclic aromatic hydrocarbons referred to in Article
8(6), Member States are allowed to use national standard methods or ISO methods such as
ISO standard 12884.
9. Reference method for the sampling and measurement of mercury in ambient air
The reference method for the measurement of total gaseous mercury concentrations in
ambient air is that described in EN 15852:2010 ‘Ambient air quality — Standard method
for the determination of total gaseous mercury’.
10. Reference method for the sampling and analysis of the deposition of arsenic,
cadmium, nickel, mercury and polycyclic aromatic hydrocarbons
The reference method for the determination of the deposition of arsenic, cadmium, and
nickel is that described in EN 15841:2009 ‘Ambient air quality — Standard method for
determination of arsenic, cadmium, lead and nickel in atmospheric deposition’.
The reference method for the determination of the deposition of mercury is that described
in EN 15853:2010 ‘Ambient air quality — Standard method for determination of mercury
deposition’.
The reference method for the determination of the deposition of benzo(a)pyrene and the
other polycyclic hydrocarbons referred to in Article 8(6) is that described in EN
15980:2011 ‘Air quality - Determination of the deposition of benz[a]anthracene,
benzo[b]fluoranthene, benzo[j]fluoranthene, benzo[k]fluoranthene, benzo[a]pyrene,
dibenz[a,h]anthracene and indeno[1,2,3-cd]pyrene’.
11. Reference method for the measurement of ozone in ambient air
The reference method for the measurement of ozone is that described in EN 14625:2012
‘Ambient air — Standard method for the measurement of the concentration of ozone by
ultraviolet photometry’.
12. Reference method for the sampling and measurement of volatile organic
compounds that are ozone precursor substances in ambient air
In the absence of a European Committee for Standardization (CEN) standard method for
sampling and measuring volatile organic compounds that are ozone precursor substances
in ambient air other than benzene, Member States may choose the sampling and
measuring methods they use, in accordance with Annex V and taking into account the
measurement objectives set out in Section 2, Point A, of Annex VII.
13. Reference method for the sampling and measurement of elemental carbon and
organic carbon in ambient air
The reference method for the sampling of elemental carbon and organic carbon is that
describe in EN 12341:2014 ‘Ambient Air — Standard gravimetric measurement method
for the determination of the PM10 or PM2.5 mass concentration of suspended particulate
matter’. The reference method for the measurement of elemental carbon and organic
EN 27 EN
carbon in ambient air is that described in EN 16909:2017 ‘Ambient air - Measurement of
elemental carbon (EC) and organic carbon (OC) collected on filters’.
14. Reference method for the sampling and measurement of NO3-, SO4²-, Cl-, NH4+,
Na+, K+, Mg²+, Ca²+ in PM2.5 in ambient air
The reference method for the sampling of elemental carbon and organic carbon is that
describe in EN 12341:2014 ‘Ambient Air — Standard gravimetric measurement method
for the determination of the PM10 or PM2.5 mass concentration of suspended particulate
matter’. The reference method for the measurement of NO3-, SO4²-, Cl-, NH4+, Na+, K+,
Mg²+, Ca²+ in PM2.5 in ambient air is that described in EN 16913:2017 ’Ambient air -
Standard method for measurement of NO3-, SO4²-, Cl-, NH4+, Na+, K+, Mg²+, Ca²+ in
PM2.5 as deposited on filters’.
B. Demonstration of equivalence
1. A Member State may use any other method which it can demonstrate gives results
equivalent to any of the reference methods referred to in Point 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 such other 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 Member States to prepare and submit a report on the
demonstration of equivalence in accordance with point 1.
3. When assessing the acceptability of the report mentioned in point 2, the Commission
will refer to its guidance on the demonstration of equivalence. Where Member States
have been using interim factors to approximate equivalence, approximate equivalence
shall be confirmed or amended with reference to that guidance.
4. Member States shall 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 (including lead, arsenic, cadmium, and benzo(a)pyrene), the
sampling volume refers to ambient conditions in terms of temperature and atmospheric
pressure at the date of measurements.
When demonstrating that equipment meets the performance requirements of the reference
methods listed in Point A, the competent authorities and bodies designated pursuant to
Article 5 shall accept test reports issued in other Member States provided that the test
laboratories are accredited by the relevant harmonised standard for testing and calibration
laboratories.
The detailed test reports and all the results of the tests shall be available to other
competent authorities or their designated bodies. Test reports shall demonstrate that the
equipment meets all the performance requirements including where some environmental
and site conditions are specific to a Member State and are outside the conditions for
which the equipment has been already tested and type approved in another Member State.
EN 28 EN
D. Mutual recognition of data
When demonstrating that equipment meets the performance requirements of the reference
methods listed in Point A, the competent authorities and bodies designated pursuant to
Article 5 shall accept test reports issued in other Member States provided that the test
laboratories are accredited by the relevant harmonised standard for testing and calibration
laboratories.
The detailed test reports and all the results of the tests shall be available to other
competent authorities or their designated bodies. Test reports shall demonstrate that the
equipment meets all the performance requirements including where some environmental
and site conditions are specific to a Member State and are outside the conditions for
which the equipment has been already tested and type approved in another Member State.
E. Reference air quality modelling applications
In the absence of a CEN standard on modelling quality objectives, Member States may
choose the modelling applications they use, in accordance with Annex V, Section F.
EN 29 EN
ANNEX VII
MONITORING OF MASS CONCENTRATION AND CHEMICAL COMPOSITION
OF PM2.5, OZONE PRECURSOR SUBSTANCES AND ULTRAFINE PARTICLES
SECTION 1 - MEASUREMENTS OF MASS CONCENTRATION AND CHEMICAL
COMPOSITION OF PM2,5
A. Objectives
The main objectives of such measurements are to ensure that adequate information is made
available on levels in urban background and rural background locations. 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 pollutants, support source apportionment analysis and for the
understanding of specific pollutants such as particulate matter. It is also essential for the
increased use of modelling also in urban areas.
B. Substances
Measurement of PM2.5 must include at least the total mass concentration and concentrations
of 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 shall be taken in urban background and rural background locations in
accordance with Annex IV.
SECTION 2- MEASUREMENTS OF OZONE PRECURSOR SUBSTANCES
A. Objectives
The main objectives of measurements of ozone precursor substances are to analyse any
trend in ozone precursors, to check the efficiency of emission reduction strategies, to
check the consistency of emission inventories, to support the understanding of ozone
formation and precursor dispersion processes, as well as the application of photochemical
models, and to help attribute emission sources to observed pollution concentrations.
B. Substances
Measurement of ozone precursor substances shall include at least nitrogen oxides (NO
and NO2), and appropriate volatile organic compounds (VOC). The selection of the
specific compounds to be measured completed by other compounds of interest will
depend on the objective sought.
EN 30 EN
(a) Member States may use the method which it considers suitable for the
objective sought;
(b) the reference method as specified under Annex VI applies for nitrogen dioxide
and oxides of nitrogen;
(c) methods that are being standardised by the CEN shall be used once available.
A list of VOC recommended for measurement is given below:
Substance
Chemical
family CAS
Trivial name IUPAC name Formula
number
Methanol Methanol CH4O 67-56-1
Alcohols
Ethanol Ethanol C2H6O 64-17-5
Formaldehyde Methanal CH2O 50-00-0
Aldehyde Acetaldehyde Ethanal C2H4O 75-07-0
Methacrolein 2-Methylprop-2-enal C4H6O 78-85-3
Alkynes Acetylene Ethyne C2H2 74-86-2
Ethane Ethane C2H6 74-84-0
Propane Propane C3H8 74-98-6
n-Butane Butane C4H10 106-97-8
i-Butane 2-Methylpropane C4H10 75-28-5
n-Pentane Pentane C5H12 109-66-0
Alkanes i-Pentane 2-Methylbutane C5H12 78-78-4
n-Hexane Hexane C6H14 110-54-3
i-Hexane 2-Methylpentane C6H14 107-83-5
n-Heptane Heptane C7H16 142-82-5
n-Octane Octane C8H18 111-65-9
i-Octane 2,2,4-Trimethylpentane C8H18 540-84-1
Ethylene Ethene C2H4 75-21-8
Propene / Propylene Propene C3H6 115-07-1
Alkenes
1,3-Butadiene Buta-1,3-diene C4H6 106-99-0
1-Butene But-1-ene C4H8 106-98-9
EN 31 EN
Trans-2-Butene (E)-but-2-ene C4H8 624-64-6
cis-2-Butene (Z)-but-2-ene C4H8 590-18-1
1-Pentene Pent-1-ene C5H10 109-67-1
(Z)-Pent-2-ene 627-20-3
(cis-2
pentene)
2-Pentene C5H10
(E)-Pent-2-ene 646-04-8
(trans-2
pentene)
Benzene Benzene C6H6 71-43-2
Toluene / Methylbenzene Toluene C7H8 108-88-3
Ethyl benzene Ethylbenzene C8H10 100-41-4
1,3-Dimethylbenzene 108-38-3
(m-Xylene) (m-Xylene)
m + p-Xylene C8H10
Aromatic 1,4-Dimethylbenzene 106-42-3
hydrocarbons (p-Xylene) (p-Xylene)
1,2-Dimethylbenzene C8H10
o-Xylene 95-47-6
(o-Xylene)
1,2,4-Trimethylebenzene 1,2,4-Trimethylbenzene C9H12 95-63-6
1,2,3-Trimethylebenzene 1,2,3-Trimethylbenzene C9H12 526-73-8
1,3,5-Trimethylebenzene 1,3,5-Trimethylebenzene C9H12 108-67-8
Acetone Propan-2-one C3H6O 67-64-1
Ketones Methyl ethyl ketone Butan-2-one C4H8O 78-93-3
Methyl vinyl ketone 3-Buten-2-one C4H6O 78-94-4
Isoprene 2-Methylbut-1,3-diene C5H8 78-79-5
1-Methyl-4-(1-
p-Cymene C10H14 99-87-6
methylethyl)benzene
1-methyl-4-(1-
Limonene C10H16 138-86-3
methylethenyl)-cyclohexene
Terpenes
7-Methyl-3-methylene-1,6-
-Myrcene C10H16 123-35-3
octadiene
2,6,6-Trimethyl-
-Pinene C10H16 80-56-8
bicyclo[3.1.1]hept-2-ene
6,6-Dimethyl-2-methyl-
-Pinene C10H16 127-91-3
enebicyclo[3.1.1]heptane
EN 32 EN
2,2-dimethyl-3-methyl-
Camphene C10H16 79-92-5
enebicyclo[2.2.1]heptane
3,7,7-Trimethyl-
3-Carene C10H16 13466-78-9
bicyclo[4.1.0]hept-3-ene
1,3,3 trimethyl 2
1,8-Cineol C10H18O 470-82-6
oxabicyclo[2,2,2]octane
C. Siting
Measurements shall be taken at sampling points set up in accordance with the
requirements of this Directive and considered appropriate with regards to the monitoring
objectives referred to in Point A of this Section.
SECTION 3- MEASUREMENT OF ULTRAFINE PARTICULES (UFP)
A. Objectives
The objective of such measurements is to ensure that adequate information is available at
locations where high concentrations of UFP occur that are mainly influenced by sources
from air, water or road transport (such as airports, ports, roads), industrial sites or
domestic heating. The information shall be appropriate to judge on enhanced levels of
UFP concentrations from those sources.
B. Substances
UFP.
C. Siting
Sampling points shall be established in accordance with Annex IV and V at a location
where high UFP concentrations are likely to occur and within the main wind direction.
EN 33 EN
ANNEX VIII
INFORMATION TO BE INCLUDED IN AIR QUALITY PLANS FOR
IMPROVEMENT IN AMBIENT AIR QUALITY
A. Information to be provided under Article 19(5)
1. Localisation of excess pollution
(a) region;
(b) city (map);
(c) sampling point(s) (map, geographical coordinates).
2. General information
(a) type of zone (urban, industrial or rural area) or characteristics of NUTS 1
territorial unit (including urban, industrial or rural areas);
(b) estimate of the polluted area (in km2) and of the population exposed to the
pollution;
(c) concentrations or average exposure indicator of the relevant pollutant observed
at least 5 years prior to the exceedance;
3. Responsible authorities
Names and addresses of the competent authorities responsible for the development
and implementation of air quality plans.
4. Origin of pollution taking into account reporting under Directive (EU) 2016/2284 and
information provided in the national air pollution control programme
(a) list of the main emission sources responsible for pollution;
(b) total quantity of emissions from these sources (in tonnes/year);
(c) assessment of the level of emissions (e.g. city level, regional level, national
level, and transboundary contributions);
(d) source apportionment according to relevant sectors that contribute to the
exceedance in the national air pollution control programme.
5. Expected impact of measures to reach compliance within 3 years after adoption of the
air quality plan
(a) expected quantified concentration reduction (in µg/m³) at each sampling point
in exceedance of limit values, ozone target value or of the average exposure
indicator in case of an exceedance of the average exposure reduction
obligation, from the measures referred to in point 6;
(b) estimated year of compliance per air pollutant covered by the air quality plan
taking into account measures referred to in point 6.
EN 34 EN
6. Annex 1: Details of measures to reduce air pollution under point 5
(a) listing and description of all the measures set out in the air quality plan,
including the identification of the competent authority in charge of their
implementation;
(b) quantification of emission reduction (in tonnes/year) of each measure under
point (a);
(c) timetable for implementation of each measure and responsible actors;
(d) estimate of the concentration reduction as a consequence of each air quality
measure, in relation to the exceedance concerned;
(e) list of the information (including modelling and assessment results of
measures) to reach the air quality standard concerned in accordance with
Annex I.
7. Annex 2: Further background information
(a) climatic data;
(b) data on topography;
(c) information on the type of targets requiring protection in the zone, (if
applicable);
(d) listing and description of all additional measures, that unfold their full impact
on ambient air pollutant concentrations in 3 years or more.
8. Annex 3: Evaluation of measures (in case of an air quality plan update)
(a) assessment of timetable of measures from the previous air quality plan;
(b) estimate of impact on emission reduction and pollutant concentrations of
measures from the previous air quality plan.
B. Indicative list of air pollution abatement measures
1. Information concerning the status of implementation of the Directives referred to in
Article 14(3), point (b), of Directive (EU) 2016/2284.
2. Information on all air pollution abatement measures that have been considered at
local, regional or national level for implementation in connection with the attainment of air
quality objectives, including:
(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, and that the energy
efficiency of buildings is improved;
(b) reduction of emissions from vehicles through retrofitting with zero emissions
powertrains and emission control equipment. The use of economic incentives
to accelerate take-up shall be considered;
EN 35 EN
(c) procurement by public authorities, in line with the handbook on environmental
public procurement, of zero emissions road vehicles, fuels and combustion
equipment to reduce emissions;
(d) measures to limit transport emissions through traffic planning and management
(including congestion pricing, differentiated parking fees or other economic
incentives; establishing urban vehicles access restrictions schemes, including
low emission zones);
(e) measures to encourage a shift towards less polluting forms of transport;
(f) measures to encourage a shift towards zero emissions vehicles and non-road
machinery for both private and commercial applications;
(g) measure to ensure that low emission fuels are given preference in small-,
medium- and large-scale stationary sources and in mobile sources;
(h) measures to reduce air pollution from industrial sources under Directive
2010/75/EU, and through the use of economic instruments such as taxes,
charges or emission trading, while taking into account specificities of SMEs;
(i) measures to protect the health of children or other sensitive population groups.
EN 36 EN
ANNEX IX
PUBLIC INFORMATION
1. Member States shall provide at least the following information:
(a) hourly up-to-date data per sampling point of sulphur dioxide, nitrogen dioxide,
particulate matter (PM10 and PM2.5), carbon monoxide and ozone. This shall
apply to information from all sampling points where up-to-date information is
available, and at least to information from the minimum number of sampling
points required under Annex III. When available, up-to-date information
resulting from modelling shall also be provided;
(b) measured concentrations of all pollutants presented according to the
appropriate periods as laid down in Annex I;
(c) information on observed exceedance(s) of any limit value, ozone target value,
and average exposure reduction obligation, including at least:
(i) the location or area of the exceedance,
(ii) the start time and duration of the exceedance,
(iii) the measured concentration in comparison to the air quality
standards, or average exposure indicator in case of an exceedance of the
average exposure reduction obligation;
(d) information regarding on health and vegetation, including at least:
(i) the health impacts of air pollution on general population,
(ii) the health impacts of air pollution on vulnerable groups,
(iii) description of likely symptoms,
(iv) recommended precautions to be taken,
(v) where to find further information;
(e) information on preventive actions to reduce pollution and exposure to it:
indication of main source sectors; recommendations for actions to reduce
emissions;
(f) information on measuring campaigns or similar activities and their results
where performed.
2. 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 one hour concentration and in addition highest eight hour
mean concentration in the case of ozone;
(b) forecast for the following afternoon/day(s):
EN 37 EN
– 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,
– 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 exceedances, Member State shall take steps to ensure
that such details are supplied to the extent practicable.
3. When an exceedance occur or when there is a risk of exceedance of any limit value, ozone
target value, average exposure reduction obligation, alert thresholds or information
thresholds, Member States shall ensure that the information referred to in this Annex is
additionally promoted to the public.
EN 38 EN
ANNEX X
Part A
Repealed Directives with lists of the successive amendments thereto
(referred to in Article 30)
Directive 2004/107/EC of the European Parliament
and of the Council
(OJ L 23, 26.1.2005, p. 3)
Regulation (EC) No 219/2009 of the European only point 3.8 of the Annex
Parliament and of the Council
(OJ L 87, 31.3.2009, p. 109)
Commission Directive (EU) 2015/1480 only Article 1
(OJ L 226, 29.8.2015, p. 4)
Directive 2008/50/EC of the European Parliament
and of the Council
(OJ L 152, 11.6.2008, p. 1)
Commission Directive (EU) 2015/1480 only Article 2
(OJ L 226, 29.8.2015, p. 4)
Part B
Time-limits for transposition into national law
(referred to in Article 30)
Directive Time-limit for transposition
2004/107/EC 15 February 2007
2008/50/EC 11 June 2010
(EU) 2015/1480 31 December 2016
_____________
EN 39 EN
ANNEX XI
CORRELATION TABLE
This Directive Directive 2008/50/EC Directive 2004/107/EC
Article 1 — —
Article 2 Article 1 Article 1
Article 3 Article 32 Article 8
Article 4 Article 2 Article 2
Article 5 Article 3 —
Article 6 Article 4 Article 4(1)
Article 7 Articles 5 and 9(2) Article 4(2), (3) and (6)
Article 8 Articles 6 and 9(1) Article 4(1) to (5) and
4(8)and (10)
Article 9 Articles 7 and 10 Article 4(7) and (11)
Article 10 — Article 4(9)
Article 11 Articles 8 and 11 Article 4(12) and (13)
Article 12 Articles 12, 17(1) and (3) and Article 3(2)
Article 18
Article 13 Articles 13, 15 and 17(1) Article 3(1) and (3)
Article 14 Article 14 —
Article 15 Article 19 —
Article 16 Article 20 —
Article 17 Article 21 —
Article 18 Article 22
Article 19 Articles 17(2) and 23 Article 3(3)
Article 20 Article 24 —
Article 21 Article 25 —
Article 22 Article 26 Article 7
EN 40 EN
Article 23 Article 27 Article 5
Article 24 Article 28 Article 4(15)
Article 25 — —
Article 26 Article 29 Article 6
Article 27 — —
Article 28 — —
Article 29 Article 30 Article 9
Article 30 Article 31 —
Article 31 — —
Article 32 Article 33 Article 10
Article 33 Article 34 Article 11
Article 34 Article 35 Article 12
2004/107
ANNEX IV
Data quality objectives and requirements for air quality models
I. DATA QUALITY OBJECTIVES
The following data quality objectives are provided as a guide to quality assurance.
2015/1480 Art. 1 and Annex
I.1(a)
Benzo(a)pyrene Arsenic, Polycyclic aromatic Total
cadmium hydrocarbons other than depositi
and nickel benzo(a)pyrene, total on
gaseous mercury
—
Uncertaint
y
Fixed and 50 % 40 % 50 % 70 %
indicative
measurements
EN 41 EN
Modelling 60 % 60 % 60 % 60 %
— Minimum 90 % 90 % 90 % 90 %
data capture
— Minimum
time coverage
Fixed 33 % 50 %
measurements5
Indicative 14 % 14 % 14 % 33 %
measurements67
2004/107/EC
1 2015/1480 Art. 1 and Annex
I.1(b)
The uncertainty (expressed at a 95 % confidence level) of the methods used for the
assessment of ambient air concentrations 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 are given for individual measurements, which
are averaged over typical sampling times, for a 95 % confidence interval. The uncertainty of
the measurements should be interpreted as being applicable in the region of the appropriate
target value. Fixed and indicative measurements must be evenly distributed over the year in
order to avoid skewing of results.
The requirements for minimum data capture and time coverage do not include losses of data
due to regular calibration or normal maintenance of the instrumentation. Twenty-four-hour
sampling is required for the measurement of benzo(a)pyrene and other polycyclic aromatic
hydrocarbons. With care, individual samples taken over a period of up to one month can be
combined and analysed as a composite sample, provided the method ensures that the samples
are stable for that period. The three congeners benzo(b)fluoranthene, benzo(j)fluoranthene,
benzo(k)fluoranthene can be difficult to resolve analytically. In such cases they can be
reported as sum.1 --- Sampling must be spread evenly over the weekdays and the year.
For the measurement of deposition rates monthly, or weekly, samples throughout the year are
recommended.
5
Distributed over the year to be representative of various conditions for climate and anthropogenic
activities
6
Distributed over the year to be representative of various conditions for climate and anthropogenic
activities
7
Indicative measurement being measurements which are performed at reduced regularity but fulfil the
other data quality objectives
EN 42 EN
2015/1480 Art. 1 and Annex
I.1(c)
The provisions on individual samples in the previous paragraph apply also to arsenic,
cadmium, nickel and total gaseous mercury. Moreover, sub–sampling of PM10 filters for
metals for subsequent analysis is allowed, providing there is evidence that the sub-sample is
representative of the whole and that the detection sensitivity is not compromised when
compared with the relevant data quality objectives. As an alternative to daily sampling,
weekly sampling for metals in PM10 is allowed provided that the collection characteristics are
not compromised.
2004/107/EC
Member States may use wet only instead of bulk sampling if they can demonstrate that the
difference between them is within 10 %. Deposition rates should generally be given as μg/m2
per day.
Member States may apply a minimum time coverage lower than indicated in the table, but not
lower than 14 % for fixed measurements and 6 % for indicative measurements provided that
they can demonstrate that the 95 % expanded uncertainty for the annual mean, calculated
from the data quality objectives in the table according to ISO 11222:2002 — ‘Determination
of the uncertainty of the time average of air quality measurements’ will be met.
II. REQUIREMENTS FOR AIR QUALITY MODELS
Where an air quality model is used for assessment, references to descriptions of the model and
information on the uncertainty shall be compiled. The uncertainty for modelling is defined as
the maximum deviation of the measured and calculated concentration levels, over a full year,
without taking into account the timing of the events.
III. REQUIREMENTS FOR OBJECTIVE ESTIMATION TECHNIQUES
Where objective estimation techniques are used, the uncertainty shall not exceed 100 %.
IV. STANDARDISATION
For substances to be analysed in the PM10 fraction, the sampling volume refers to ambient
conditions.
EN 43 EN
2004/107
ANNEX V
Reference methods for assessment of concentrations in ambient air and deposition rates
2015/1480 Art. 1 and Annex I.2
I. REFERENCE METHOD FOR THE SAMPLING AND ANALYSIS OF ARSENIC, CADMIUM AND
NICKEL IN AMBIENT AIR
The reference method for the sampling of arsenic, cadmium and nickel in ambient air is
described in EN 12341:2014. The reference method for the measurement of arsenic, cadmium
and nickel in ambient air is that described in EN 14902:2005 ‘Ambient air quality —
Standard method for the measurement of Pb, Cd, As and Ni in the PM10 fraction of
suspended particulate matter’.
A Member State may also use any other methods which it can demonstrate give results
equivalent to the above method.
II. REFERENCE METHOD FOR THE SAMPLING AND ANALYSIS OF POLYCYCLIC AROMATIC
HYDROCARBONS IN AMBIENT AIR
The reference method for the sampling of polycyclic aromatic hydrocarbons in ambient air is
described in EN 12341:2014. The reference method for the measurement of benzo(a)pyrene in
ambient air is that described in EN 15549:2008 ‘Air quality — Standard method for the
measurement of concentration of benzo[a]pyrene in ambient air’. In the absence of a CEN
standard method for the other polycyclic aromatic hydrocarbons referred to in Article 4(8),
Member States are allowed to use national standards methods or ISO methods such as ISO
standard 12884.
A Member State may also use any other method which it can demonstrate give results
equivalent to the above method.
III. REFERENCE METHOD FOR THE SAMPLING AND ANALYSIS OF MERCURY IN AMBIENT
AIR
The reference method for the measurement of total gaseous mercury concentrations in
ambient air is that described in EN 15852:2010 ‘Ambient air quality — Standard method for
the determination of total gaseous mercury’.
A Member State may also use any other method which it can demonstrate give results
equivalent to the above method.
IV. REFERENCE METHOD FOR THE SAMPLING AND ANALYSIS OF THE DEPOSITION OF
ARSENIC, CADMIUM, MERCURY, NICKEL AND POLYCYCLIC AROMATIC HYDROCARBONS
The reference method for the determination of the deposition of arsenic, cadmium, and nickel
is that described in EN 15841:2009 ‘Ambient air quality — Standard method for
determination of arsenic, cadmium, lead and nickel in atmospheric deposition’.
EN 44 EN
The reference method for the determination of the deposition of mercury is that described in
EN 15853:2010 ‘Ambient air quality — Standard method for determination of mercury
deposition’.
The reference method for the determination of the deposition of benzo(a)pyrene and the other
polycyclic hydrocarbons referred to in Article 4(8) is that described in EN 15980:2011 ‘Air
quality. Determination of the deposition of benz[a]anthracene, benzo[b]fluoranthene,
benzo[j]fluoranthene, benzo[k]fluoranthene, benzo[a]pyrene, dibenz[a,h]anthracene and
indeno[1,2,3-cd]pyrene’.
219/2009 Art. 1 and Annex
.3(8)
V. REFERENCE AIR QUALITY MODELLING TECHNIQUES
Reference air quality modelling techniques cannot be specified at present. The Commission
may make amendments to adapt this point to scientific and technical progress. Those
measures, designed to amend non-essential elements of this Directive, shall be adopted in
accordance with the regulatory procedure with scrutiny referred to in Article 6(3).
EN 45 EN
2008/50
ANNEX I
DATA QUALITY OBJECTIVES
A. DATA QUALITY OBJECTIVES FOR AMBIENT AIR QUALITY ASSESSMENT
Sulphur dioxide, Benzene Particulate matter Ozone and
nitrogen dioxide and (PM10/PM2,5) and related NO
oxides of nitrogen and lead and NO2
carbon monoxide
Fixed
measurements8
Uncertainty 15 % 25 % 25 % 15 %
Minimum data 90 % 90 % 90 % 90 % during
capture summer
75 % during
winter
Minimum time
coverage:
— urban — 35 %9 — —
background and
traffic
— industrial — 90 % — —
sites
Indicative
measurements
Uncertainty 25 % 30 % 50 % 30 %
Minimum data 90 % 90 % 90 % 90 %
8
Member States may apply random measurements instead of continuous measurements for benzene, lead
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 requirements of the PM10 limit value, the 90,4 percentile (to be lower than or equal
to 50 μg/m3) should be evaluated instead of the number of exceedances, which is highly influenced by
data coverage.
9
Distributed over the year to be representative of various conditions for climate and traffic.
EN 46 EN
capture
Minimum time 14 %10 14 %11 14 %12 > 10 %
coverage during
summer
Modelling
uncertainty:
Hourly 50 % — — 50 %
Eight-hour 50 % — — 50 %
averages
Daily averages 50 % — not yet defined —
Annual averages 30 % 50 % 50 % —
Objective
estimation
Uncertainty 75 % 100 % 100 % 75 %
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 (or target value in the case of ozone), 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 (or target value in the case of ozone).
The uncertainty for modelling is defined as the maximum deviation of the measured and
calculated concentration levels for 90 % of individual monitoring points, over the period
considered, by the limit value (or target value in the case of ozone), without taking into
account the timing of the events. The uncertainty for modelling shall be interpreted as being
applicable in the region of the appropriate limit value (or target value in the case of ozone).
The fixed measurements that have to be selected for comparison with modelling results shall
be representative of the scale covered by the model.
The uncertainty for objective estimation is defined as the maximum deviation of the measured
and calculated concentration levels, over the period considered, by the limit value (or target
value in the case of ozone), without taking into account the timing of the events.
10
One measurement a week at random, evenly distributed over the year, or eight weeks evenly distributed
over the year.
11
One day's measurement a week at random, evenly distributed over the year, or eight weeks evenly
distributed over the year.
12
One measurement a week at random, evenly distributed over the year, or eight weeks evenly distributed
over the year.
EN 47 EN
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, 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 for
protection of human health.
2015/1480 Art. 2 and Annex
II.1
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, the appropriate competent authorities and bodies designated pursuant
to Article 3 shall ensure the following:
(i) that all measurements undertaken in relation to the assessment of ambient air
quality pursuant to Articles 6 and 9 are traceable in accordance with the requirements
set out in the harmonised standard for testing and calibration laboratories,
(ii) that institutions operating networks and individual stations have an established
quality assurance and quality control system which provides for regular maintenance
to assure the continued accuracy of measuring devices. The quality system shall be
reviewed as necessary and at least every five years by the relevant National
Reference Laboratory
(iii) 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 Union-wide quality assurance programmes,
(iv) that the National Reference Laboratories are appointed by the appropriate
competent authority or body designated pursuant to Article 3 and are accredited for
the reference methods referred to in Annex VI, at least for those pollutants for which
concentrations are above the lower assessment threshold, according to the relevant
harmonised standard for testing and calibration laboratories, the reference to which
has been published in the Official Journal of the European Union pursuant to Article
2(9) of Regulation (EC) No 765/2008 setting out the requirements for accreditation
and market surveillance. These laboratories shall also be responsible for the
EN 48 EN
coordination in Member State's territory of the Union-wide quality assurance
programmes to be organised by the Commission's Joint Research Centre and shall
also be responsible for coordinating, on the national level, the appropriate use of
reference methods, and the demonstration of equivalence of non-reference methods.
National Reference Laboratories organising intercomparison on the national level
should also be accredited according to the relevant harmonised standard for
proficiency testing.
(v) that the National Reference Laboratories, take part at least every three years in
the Union-wide quality assurance programmes organized by the Commission's Joint
Research Centre. If this participation produces unsatisfactory results then the national
laboratory should demonstrate at the next participation in the intercomparison
satisfactory remediation measures, and provide a report to the Joint Research Centre
on these.
(vi) that the national reference laboratories support the work done by the European
network of National Reference Laboratories set up by the Commission.
2. All reported data under Article 27 shall be deemed to be valid except data flagged as
provisional.
EN 49 EN
2008/50/EC
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,
benzene and carbon monoxide in ambient air within a zone or agglomeration
A. UPPER AND LOWER ASSESSMENT THRESHOLDS
The following upper and lower assessment thresholds will apply:
1. Sulphur dioxide
Health protection Vegetation protection
Upper 60 % of 24-hour limit value (75 μg/m3, not to be 60 % of winter critical
assessment exceeded more than 3 times in any calendar level
threshold year) (12 μg/m3)
Lower 40 % of 24-hour limit value (50 μg/m3, not to be 40 % of winter critical
assessment exceeded more than three times in any calendar level
threshold year) (8 μg/m3)
2. Nitrogen dioxide and oxides of nitrogen
Hourly limit value for the Annual limit value Annual critical level for
protection of human for the protection of the protection of
health (NO2) human health (NO2) vegetation and natural
ecosystems (NOx)
Upper 70 % of limit value 80 % of limit value 80 % of critical level
assessment (140 μg/m3, not to be (32 μg/m3) (24 μg/m3)
threshold exceeded more than 18
times in any calendar
year)
Lower 50 % of limit value 65 % of limit value 65 % of critical level
assessment (100 μg/m3, not to be (26 μg/m3) (19,5 μg/m3)
threshold exceeded more than 18
times in any calendar
year)
EN 50 EN
3. Particulate matter (PM10/PM2,5)
24-hour average PM10 Annual average Annual average
PM10 PM2,513
Upper 70 % of limit value (35 μg/m3, not to 70 % of limit 70 % of limit
assessment be exceeded more than 35 times in value value (17 μg/m3)
threshold any calendar year) (28 μg/m3)
Lower 50 % of limit value (25 μg/m3, not to 50 % of limit 50 % of limit
assessment be exceeded more than 35 times in value value (12 μg/m3)
threshold any calendar year) (20 μg/m3)
4. 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)
5. Benzene
Annual average
Upper assessment threshold 70 % of limit value
(3,5 μg/m3)
Lower assessment threshold 40 % of limit value (2 μg/m3)
6. 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)
13
The upper assessment threshold and the lower assessment threshold for PM 2,5 do not apply to the
measurements to assess compliance with the PM2,5 exposure reduction target for the protection of
human health.
EN 51 EN
2008/50/EC
ANNEX III
Assessment of ambient air quality and location of sampling points for the measurement
of sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter (PM10
and PM2,5), lead, benzene and carbon monoxide in ambient air
A. GENERAL
Ambient air quality shall be assessed in all zones and agglomerations in accordance with the
following criteria:
1. Ambient air quality shall be assessed at all locations except those listed in
paragraph 2, in accordance with the criteria established by Sections B and C for the location
of sampling points for fixed measurement. The principles established by Sections B and C
shall also apply in so far as they are relevant in identifying the specific locations in which
concentration of the relevant pollutants are established where ambient air quality is assessed
by indicative measurement or modelling.
2. Compliance with the limit values directed at the protection of human health shall not
be assessed at the following locations:
(a) any locations situated within areas where members of the public do not have
access and there is no fixed habitation;
(b) in accordance with Article 2(1), on factory premises or at industrial
installations to which all relevant provisions concerning health and safety at work
apply;
(c) on the carriageway of roads; and on the central reservations of roads except
where there is normally pedestrian access to the central reservation.
B. MACROSCALE SITING OF SAMPLING POINTS
1. Protection of human health
(a) 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),
– levels in other areas within the zones and agglomerations which are
representative of the exposure of the general population,
(b) 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 for a street segment no less than 100 m length at traffic-orientated sites
and at least 250 m × 250 m at industrial sites, where feasible;
(c) Urban background locations 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
EN 52 EN
typical for a larger urban area. Those sampling points shall, as a general rule, be
representative for several square kilometres;
(d) Where the objective is to assess rural background levels, the sampling point
shall not be influenced by agglomerations or industrial sites in its vicinity, i.e. sites
closer than five kilometres;
(e) 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;
(f) Sampling points shall, where possible, also be representative of similar
locations not in their immediate vicinity;
(g) Account shall be taken of the need to locate sampling points on islands where
that is necessary for the protection of human health.
2. Protection of vegetation and natural ecosystems
Sampling points targeted at the protection of vegetation and natural ecosystems 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 or major roads with traffic counts of more than
50000 vehicles per day, 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 1000 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
or of the opportunities to protect particularly vulnerable areas.
Account shall be taken of the need to assess air quality on islands.
C. MICROSCALE SITING OF SAMPLING POINTS
In so far as is practicable, the following shall apply:
2015/1480 Art. 2 and Annex
II.2(a)
– the flow around the inlet sampling probe shall be unrestricted (in general free in an
arc of at least 270° or 180° for sampling points at the building line) without any
obstructions affecting the airflow in the vicinity of the inlet (normally some metres
away from buildings, balconies, trees and other obstacles and 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 siting may also be appropriate if the station is
representative of a large area and any derogations should be fully documented,
2008/50/EC
– 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,
EN 53 EN
– the sampler's exhaust outlet shall be positioned so that recirculation of exhaust air to
the sampler inlet is avoided,
2015/1480 Art. 2 and Annex
II.2(a)
– for all pollutants, traffic-orientated sampling probes shall be at least 25 m from the
edge of major junctions and no more than 10 m from the kerbside. A ‘major
junction’ to be considered here is a junction which interrupts the traffic flow and
causes different emissions (stop&go) from the rest of the road.,
2008/50/EC
The following factors may also be taken into account:
– interfering sources,
– 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.,
2015/1480 Art. 2 and Annex
II.2(a)
Any deviation from the criteria listed in this Section shall be fully documented through the
procedures described in Section D.
2015/1480 Art. 2 and Annex
II.2(b)
D. DOCUMENTATION AND REVIEW OF SITE SELECTION
The competent authorities responsible for air quality assessment shall for all zones and
agglomerations fully document the site-selection procedures and record information to
support the network design and choice of location for all monitoring sites. The documentation
shall include compass-point photographs of the area surrounding monitoring sites and detailed
maps. Where supplementary methods are used within a zone or agglomeration, the
documentation shall include details of these methods and information on how the criteria
listed in Article 7(3) are met. The documentation shall be updated as necessary and reviewed
at least every 5 years, to ensure that selection criteria, network design and monitoring site
locations remain valid and optimal over time. The documentation shall be provided to the
Commission within 3 months of being requested.
EN 54 EN
2008/50
ANNEX IV
MEASUREMENTS AT RURAL 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,
support source apportionment analysis and for the understanding of specific pollutants such as
particulate matter. It is also essential for the increased use of modelling also in urban areas.
B. Substances
Measurement of PM2.5 must include at least the total mass concentration and concentrations
of 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 urban background and rural background areas in accordance
with parts A, B and C of Annex III.
EN 55 EN
2008/50
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, benzene and carbon monoxide in ambient air
A. Minimum number of sampling points for fixed measurement to assess compliance
with limit values for the protection of human health and alert thresholds in zones and
agglomerations where fixed measurement is the sole source of information
1. Diffuse sources
Population of If maximum concentrations If maximum concentrations are
agglomeration or exceed the upper assessment between the upper and lower
zone threshold14 assessment thresholds
(thousands)
Pollutants PM15 (sum of Pollutants PM16 (sum of
except PM PM10 and except PM PM10 and PM2,5)
PM2,5)
0-249 1 2 1 1
250-499 2 3 1 2
500-749 2 3 1 2
750-999 3 4 1 2
1000-1499 4 6 2 3
1500-1999 5 7 2 3
2000-2749 6 8 3 4
14
For nitrogen dioxide, particulate matter, benzene and carbon monoxide: to include at least one urban
background monitoring station and one traffic-orientated station provided this does not increase the
number of sampling points. For these pollutants, the total number of urban-background stations and the
total number of traffic oriented stations in a Member State required under Section A(1) shall not differ
by more than a factor of 2. Sampling points with exceedances of the limit value for PM10 within the last
three years shall be maintained, unless a relocation is necessary owing to special circumstances, in
particular spatial development.
15
Where PM2,5 and PM10 are measured in accordance with Article 8 at the same monitoring station, these
shall count as two separate sampling points. The total number of PM 2,5 and PM10 sampling points in a
Member State required under Section A(1) shall not differ by more than a factor of 2, and the number of
PM2,5 sampling points in the urban background of agglomerations and urban areas shall meet the
requirements under Section B of Annex V.
16
Where PM2,5 and PM10 are measured in accordance with Article 8 at the same monitoring station, these
shall count as two separate sampling points. The total number of PM 2,5 and PM10 sampling points in a
Member State required under Section A(1) shall not differ by more than a factor of 2, and the number of
PM2,5 sampling points in the urban background of agglomerations and urban areas shall meet the
requirements under Section B of Annex V.
EN 56 EN
2750-3749 7 10 3 4
3750-4749 8 11 3 6
4750-5999 9 13 4 6
≥ 6000 10 15 4 7
2. 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 summed over agglomerations and additional urban
areas in excess of 100000 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 20000 km2 1 station every 40000 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 57 EN
2008/50/EC
ANNEX VI
Reference methods for assessment of concentrations of sulphur dioxide, nitrogen dioxide
and oxides of nitrogen, particulate matter (PM10 and PM2,5), lead, benzene, carbon
monoxide, and ozone
2015/1480 Art. 2 and Annex
II.3(a)
A. REFERENCE METHODS FOR THE ASSESSMENT OF CONCENTRATIONS OF SULPHUR
DIOXIDE, NITROGEN DIOXIDE AND OXIDES OF NITROGEN, PARTICULATE MATTER
(PM10 AND PM2,5), LEAD, BENZENE, CARBON MONOXIDE AND OZONE
1. Reference method for the measurement of sulphur dioxide
The reference method for the measurement of sulphur dioxide is that described in EN
14212:2012 ‘Ambient air — Standard method for the measurement of the concentration 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 14211:2012 ‘Ambient air — Standard method for the measurement of the
concentration of nitrogen dioxide and nitrogen monoxide by chemiluminescence’.
2015/1480 Art. 2 and Annex
II.3(a) amended by Corrigendum,
OJ L 072, 14.3.2019, p. 141
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
‘Standard method for measurement of Pb/Cd/As/Ni in the PM10 fraction of suspended
particulate matter’.
2015/1480 Art. 2 and Annex
II.3(a)
4. Reference method for the sampling and measurement of PM10
The reference method for the sampling and measurement of PM10 is that described in
EN12341:2014 ‘Ambient Air — standard gravimetric measurement method for the
determination of the PM10 or PM2,5 mass concentration of suspended particulate matter’.
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 in
EN12341:2014 ‘Ambient Air — standard gravimetric measurement method for the
determination of the PM10 or PM2,5 mass concentration of suspended particulate matter’
EN 58 EN
2015/1480 Art. 2 and Annex
II.3(a) amended by Corrigendum,
OJ L 072, 14.3.2019, p. 141
6. Reference method for the sampling and measurement of benzene
The reference method for the measurement of benzene is that described in EN 14662:2005,
parts 1, 2 and 3 ‘Ambient air quality — Standard method for measurement of benzene
concentrations’.
2015/1480 Art. 2 and Annex
II.3(a)
7. Reference method for the measurement of carbon monoxide
The reference method for the measurement of carbon monoxide is that described in EN
14626:2012 ‘Ambient air — Standard method for the measurement of the concentration of
carbon monoxide by non-dispersive infrared spectroscopy’.
8. Reference method for measurement of ozone
The reference method for the measurement of ozone is that described in EN 14625:2012
‘Ambient air — Standard method for the measurement of the concentration of ozone by
ultraviolet photometry’.
2008/50/EC
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, the latter 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
EN 59 EN
particulate matter (e.g. lead) the sampling volume refers to ambient conditions in terms of
temperature and atmospheric pressure at the date of measurements.
E. MUTUAL RECOGNITION OF DATA
2015/1480 Art. 2 and Annex
II.3(c)
When demonstrating that equipment meets the performance requirements of the reference
methods listed in Section A of this Annex, the competent authorities and bodies designated
pursuant to Article 3 shall accept test reports issued in other Member States provided that the
test laboratories are accredited to the relevant harmonised standard for testing and calibration
laboratories.
The detailed test reports and all the results of the tests shall be available to other competent
authorities or their designated bodies. Test reports shall demonstrate that the equipment meets
all the performance requirements including where some environmental and site conditions are
specific to a Member State and are outside the conditions for which the equipment has been
already tested and type approved in another Member State.
EN 60 EN
2008/50/EC
ANNEX VII
OZONE TARGET VALUES AND LONG-TERM OBJECTIVES
A. DEFINITIONS AND CRITERIA
1. 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 one-hour values measured between 8.00 and 20.00 Central European Time
(CET) each day.
2. Criteria
The following criteria shall be used for checking validity when aggregating data and
calculating statistical parameters:
Parameter Required proportion of valid data
One hour values 75 % (i.e. 45 minutes)
Eight hours values 75 % of values (i.e. six hours)
Maximum daily 8 hours mean 75 % of the hourly running eight hours averages (i.e.
from hourly running 8 hours 18 eight-hourly averages per day)
AOT40 90 % of the one hour values over the time period defined for
calculating the AOT40 value17
Annual mean 75 % of the one hour values over summer (April
to September) and 75 % over winter (January to March,
October to December) seasons separately
Number of exceedances and 90 % of the daily maximum eight hours mean values (27
maximum values per month available daily values per month)
90 % of the one hour values between 8.00 and 20.00 CET
Number of exceedances and five out of six months over the summer season (April
17
In cases where all possible measured data are not available, the following factor shall
be used to calculate AOT40 values:
AOT40estimate = AOT40measured × total possible number of hours (*)
number of measured hourly values
(*) being the number of hours within the time period of AOT40 definition, (i.e. 08:00
to 20:00 CET from 1 May to 31 July each year, for vegetation protection and from 1 April
to 30 September each year for forest protection).
EN 61 EN
maximum values per year to September)
B. TARGET VALUES
Objective Averaging period Target value Date by which
target value
should be met18
Protection of Maximum daily 120 μg/m3 not to be exceeded on 1.1.2010
human health eight-hour more than 25 days per calendar
mean19 year averaged over three years20
Protection of May to July AOT40 (calculated from 1 h 1.1.2010
vegetation values)
18000 μg/m3 · h averaged over five
years21
C. LONG-TERM OBJECTIVES
Objective Averaging period Longterm objective Date by which the
longterm objective
should be met
Protection of Maximum daily eight- 120 μg/m3 not defined
18
Compliance with target values will be assessed as of this date. That is, 2010 will be the first year the
data for which is used in calculating compliance over the following three or five years, as appropriate.
19
The maximum daily eight-hour mean concentration shall be selected by examining eight-hour running
averages, calculated from hourly data and updated each hour. Each eight -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.
20
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.
–
21
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.
–
EN 62 EN
human health hour mean within a
calendar year
Protection of May to July AOT40 (calculated not defined
vegetation from 1 h values)
6000 μg/m3 · h
EN 63 EN
2008/50
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 Representativeness22 Macroscale siting criteria
station measurement
Urban Protection of A few km2 Away from the influence
human health: of local emissions such
as traffic, petrol stations,
to assess the
etc.;
exposure of the
urban population vented locations where
to ozone, i.e. well mixed levels can be
where population measured;
density and ozone locations such as
concentration are residential and
relatively high and commercial areas of
representative of
cities, parks (away from
the exposure of the trees), big streets or
the general squares with very little or
population no traffic, open areas
characteristic of
educational, sports or
recreation facilities
Suburban Protection of Some tens of km2 At a certain distance
human health and from the area of
vegetation: maximum emissions,
downwind following the
to assess the
main wind
exposure of the
direction/directions
population and
during conditions
vegetation located
favourable to ozone
in the outskirts of
formation;
the agglomeration,
where the highest where population,
ozone levels, to sensitive crops or natural
which the ecosystems located in the
population and outer fringe of an
vegetation are agglomeration are
22
Sampling points should, where possible, be representative of similar locations not in their immediate
vicinity.
EN 64 EN
likely to be exposed to high ozone
directly or levels;
indirectly exposed where appropriate, some
occur suburban stations also
upwind of the area of
maximum emissions, in
order to determine the
regional background
levels of ozone
Rural Protection of Sub-regional levels Stations can be located in
human health and small settlements and/or
(some hundreds of km2)
vegetation: areas with natural
ecosystems, forests or
to assess the
crops;
exposure of
population, crops representative for ozone
and natural away from the influence
ecosystems to sub- of immediate local
regional scale emissions such as
ozone industrial installations
concentrations and roads;
at open area sites, but not
on summits of higher
mountains
Rural Protection of Regional/national/continental Station located in areas
background vegetation and levels with lower population
human health: density, e.g. with natural
(1000 to 10000 km2)
ecosystems, forests, at a
to assess the
distance of at least 20 km
exposure of crops
from urban and industrial
and natural
areas and away from
ecosystems to
local emissions;
regional-scale
ozone avoid locations which are
concentrations as subject to locally
well as exposure enhanced formation of
of the population ground-near inversion
conditions, also summits
of higher mountains;
coastal sites with
pronounced diurnal wind
cycles of local character
are not recommended.
For rural and rural background stations the location shall, where appropriate, be coordinated
with the monitoring requirements of Commission Regulation (EC) No 1737/2006 of
7 November 2006 laying down detailed rules for the implementation of Regulation (EC)
EN 65 EN
No 2152/2003 of the European Parliament and of the Council concerning monitoring of
forests and environmental interactions in the Community23.
B. MICROSCALE SITING
In so far as is practicable the procedure on microscale siting in Section C 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 D 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.
23
OJ L 334, 30.11.2006, p. 1.
EN 66 EN
2008/50/EC
ANNEX IX
Criteria for determining the minimum number of sampling points for fixed
measurement of concentrations of ozone
2015/1480 Art. 2 and Annex
II.4
A. MINIMUM NUMBER OF SAMPLING POINTS FOR FIXED MEASUREMENTS OF
CONCENTRATIONS OF OZONE
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 (× Agglomeration24 Other zones25 Rural background
1000)
< 250 1 1 station/50000 km2 as an
average density over all
< 500 1 2 zones per country26
< 1000 2 2
< 1500 3 3
< 2000 3 4
< 2750 4 5
< 3750 5 6
> 3750 One additional station per One additional
2 million inhabitants station per
2 million
inhabitants
24
At least 1 station in areas where exposure of the population to the highest concentrations of ozone is
likely to occur. In agglomerations, at least 50 % of the stations shall be located in suburban areas.
25
At least 1 station in areas where exposure of the population to the highest concentrations of ozone is
likely to occur. In agglomerations, at least 50 % of the stations shall be located in suburban areas.
26
1 station per 25000 km2 for complex terrain is recommended.
EN 67 EN
2008/50/EC
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 collocated 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 one per 100000 km2.
EN 68 EN
2008/50
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 appropriate volatile organic compounds (VOC). A list of volatile organic
compounds recommended for measurement is given below:
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 or 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 69 EN
2008/50
ANNEX XI
LIMIT VALUES FOR THE PROTECTION OF HUMAN HEALTH
A. CRITERIA
Without prejudice to Annex I, the following criteria shall be used for checking validity when
aggregating data and calculating statistical parameters:
Parameter Required proportion of valid data
One hour values 75 % (i.e. 45 minutes)
Eight hours values 75 % of values (i.e. 6 hours)
Maximum daily 8-hour mean 75 % of the hourly running eight hour averages (i.e. 18 eight
hour averages per day)
24-hour values 75 % of the hourly averages (i.e. at least 18 hour values)
Annual mean 90 %27 of the one hour values or (if not available) 24-hour
values over the year
B. LIMIT VALUES
Averaging Limit value Margin of tolerance Date by which
Period limit value is to be
met
Sulphur
dioxide
One hour 350 μg/m3, not to 150 μg/m3 (43 %) —28
be exceeded more
than 24 times a
calendar year
One day 125 μg/m3, not to None —29
be exceeded more
than 3 times a
calendar year
27
The requirements for the calculation of annual mean do not include losses of data due to the regular
calibration or the normal maintenance of the instrumentation.
28
Already in force since 1 January 2005
29
Already in force since 1 January 2005
EN 70 EN
Nitrogen
dioxide
One hour 200 μg/m3, not to 50 % on 19 July 1999, 1 January 2010
be exceeded more decreasing on 1 January 2001
than 18 times a and every 12 months thereafter
calendar year by equal annual percentages to
reach 0 % by 1 January 2010
Calendar year 40 μg/m3 50 % on 19 July 1999, 1 January 2010
decreasing on 1 January 2001
and every 12 months thereafter
by equal annual percentages to
reach 0 % by 1 January 2010
Benzene
Calendar year 5 μg/m3 5 μg/m3 (100 %) on 1 January 2010
13 December 2000, decreasing
on 1 January 2006 and every 12
months thereafter by 1 μg/m3 to
reach 0 % by 1 January 2010
Carbon
monoxide
maximum 10 mg/m3 60 % —31
daily eight
hour mean30
Lead
Calendar year 0,5 μg/m332 100 % —33
PM10
One day 50 μg/m3, not to be 50 % —34
30
The maximum daily eight hour mean concentration will be selected by examining eight hour running
averages, calculated from hourly data and updated each hour. Each eight 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.
31
Already in force since 1 January 2005
32
Already in force since 1 January 2005. Limit value to be met only by 1 January 2010 in the immediate
vicinity of the specific industrial sources situated on sites contaminated by decades of industrial
activities. In such cases, the limit value until 1 January 2010 will be 1,0 μg/m3. The area in which
higher limit values apply must not extend further than 1000 m from such specific sources.
33
Already in force since 1 January 2005. Limit value to be met only by 1 January 2010 in the immediate
vicinity of the specific industrial sources situated on sites contaminated by decades of industrial
activities. In such cases, the limit value until 1 January 2010 will be 1,0 μg/m3. The area in which
higher limit values apply must not extend further than 1000 m from such specific sources.
EN 71 EN
exceeded more than
35 times a calendar
year
Calendar year 40 μg/m3 20 % —35
34
Already in force since 1 January 2005
35
Already in force since 1 January 2005
EN 72 EN
2008/50/EC
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 km2 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 hour36 240 μg/m3
36
For the implementation of Article 24, the exceedance of the threshold is to be measured or predicted for
three consecutive hours.
EN 73 EN
2008/50
ANNEX XIII
CRITICAL LEVELS FOR THE PROTECTION OF VEGETATION
Averaging period Critical level Margin of tolerance
Sulphur dioxide
Calendar year and winter (1 October 20 μg/m3 None
to 31 March)
Oxides of nitrogen
Calendar year 30 μg/m3 NOx None
EN 74 EN
2008/50/EC
ANNEX XIV
NATIONAL EXPOSURE REDUCTION TARGET, TARGET VALUE AND LIMIT
VALUE 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 three-calendar year running annual mean
concentration averaged over all sampling points established pursuant to Section B of
Annex V. The AEI for the reference year 2010 shall be the mean concentration of the years
2008, 2009 and 2010.
However, where data are not available for 2008, Member States may use the mean
concentration of the years 2009 and 2010 or the mean concentration of the years 2009, 2010
and 2011. Member States making use of these possibilities shall communicate their decisions
to the Commission by 11 September 2008.
The AEI for the year 2020 shall be the three-year running mean concentration averaged over
all those sampling points for the years 2018, 2019 and 2020. The AEI is used for the
examination whether the national exposure reduction target is met.
The AEI for the year 2015 shall be the three-year running mean concentration averaged over
all those sampling points for the years 2013, 2014 and 2015. The AEI is used for the
examination whether the exposure concentration obligation is met.
B. NATIONAL EXPOSURE REDUCTION TARGET
Exposure reduction target relative to the AEI in 2010 Year by which the exposure
reduction target should be met
Initial concentration Reduction target in percent 2020
in μg/m3
< 8,5 = 8,5 0%
> 8,5 — < 13 10 %
= 13 — < 18 15 %
= 18 — < 22 20 %
≥ 22 All appropriate measures to
achieve 18 μg/m3
Where the AEI in the reference year is 8,5 μg/m3 or less the exposure reduction target shall be
zero. The reduction target shall be zero also in cases where the AEI reaches the level of
EN 75 EN
8,5 μg/m3 at any point of time during the period from 2010 to 2020 and is maintained at or
below that level.
C. EXPOSURE CONCENTRATION OBLIGATION
Exposure concentration obligation Year by which the obligation value is to be met
20 μg/m3 2015
D. TARGET VALUE
Averaging period Target value Date by which target value should be met
Calendar year 25 μg/m3 1 January 2010
E. LIMIT VALUE
Averaging Limit value Margin of tolerance Date by which limit
period value is to be met
STAGE 1
Calendar 25 μg/m3 20 % on 11 June 2008, decreasing on the 1 January 2015
year next 1 January and every 12 months
thereafter by equal annual percentages to
reach 0 % by 1 January 2015
STAGE 237
Calendar 20 μg/m3 1 January 2020
year
37
Stage 2 — indicative limit value to be reviewed by the Commission in 2013 in the light of further
information on health and environmental effects, technical feasibility and experience of the target value
in Member States.
EN 76 EN
2008/50
ANNEX XV
Information to be included in the local, regional or national air quality plans for
improvement in ambient air quality
A. INFORMATION TO BE PROVIDED UNDER ARTICLE 23 (AIR QUALITY PLANS)
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.
6. Analysis of the situation
(a) details of those factors responsible for the exceedance (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 11 June 2008, i.e:
(a) local, regional, national, international measures;
(b) observed effects of these measures.
EN 77 EN
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 22(1)
1. All information as laid down in Section A.
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 vehicles38;
2. 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
stations39;
3. Directive 2008/1/EC of the European Parliament and of the Council of
15 January 2008 concerning integrated pollution prevention and control40;
4. 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 machinery41;
5. Directive 98/70/EC of the European Parliament and of the Council of
13 October 1998 relating to the quality of petrol and diesel fuels42;
6. 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 installations43;
7. Council Directive 1999/32/EC of 26 April 1999 relating to a reduction in the
sulphur content of certain liquid fuels44;
38
OJ L 76, 6.4.1970, p. 1. Directive as last amended by Directive 2006/96/EC (OJ L 363, 20.12.2006,
p. 81).
39
OJ L 365, 31.12.1994, p. 24. Directive as amended by Regulation (EC) No 1882/2003 (OJ L 284,
31.10.2003, p. 1).
40
OJ L 24, 29.1.2008, p. 8.
41
OJ L 59, 27.2.1998, p. 1. Directive as last amended by Directive 2006/105/EC.
42
OJ L 350, 28.12.1998, p. 58. Directive as amended by Regulation (EC) No 1882/2003.
43
OJ L 85, 29.3.1999, p. 1. Directive as last amended by Directive 2004/42/EC of the European
Parliament and of the Council (OJ L 143, 30.4.2004, p. 87).
EN 78 EN
8. Directive 2000/76/EC of the European Parliament and of the Council of
4 December 2000 on the incineration of waste45;
9. 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;
10. Directive 2001/81/EC of the European Parliament and of the Council of
23 October 2001 on national emission ceilings for certain atmospheric pollutants;
11. 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
products46;
12. Directive 2005/33/EC of the European Parliament and of the Council of 6 July
2005 amending Directive 1999/32/EC as regards the sulphur content of marine
fuels47;
13. Directive 2005/55/EC of the European Parliament and of the Council of
28 September 2005 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 vehicles48;
14. Directive 2006/32/EC of the European Parliament and of the Council of
5 April 2006 on energy end-use efficiency and energy services49.
3. Information on all air pollution abatement measures that have been considered at
appropriate local, regional or national level for implementation in connection with the
attainment of air quality objectives, including:
(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 procurement, of road vehicles, fuels and combustion equipment to reduce
emissions, including the purchase of:
– new vehicles, including low emission vehicles,
– cleaner vehicle transport services,
44
OJ L 121, 11.5.1999, p. 13. Directive as last amended by Directive 2005/33/EC of the European
Parliament and of the Council (OJ L 191, 22.7.2005, p. 59).
45
OJ L 332, 28.12.2000, p. 91.
46
OJ L 143, 30.4.2004, p. 87.
47
OJ L 191, 22.7.2005, p. 59.
48
OJ L 275, 20.10.2005, p. 1. Directive as last amended by Regulation (EC) No 715/2007 (OJ L 171,
29.6.2007, p. 1).
49
OJ L 114, 27.4.2006, p. 64.
EN 79 EN
– 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;
(g) measures to reduce air pollution through the permit system under Directive
2008/1/EC, the national plans under Directive 2001/80/EC, and through the use of
economic instruments such as taxes, charges or emission trading.
(h) where appropriate, measures to protect the health of children or other sensitive
groups.
EN 80 EN
2008/50/EC
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, 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 (at least PM10), 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 one hour concentration and in addition highest eight 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,
– 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;
EN 81 EN
(e) in the case of predicted exceedances, Member State shall take steps to ensure
that such details are supplied to the extent practicable.
EN 82 EN
2008/50 (adapted)
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 (5) Article 2(1) — — —
to (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 (13) and (14) and (b)
Article 2(14) — — — Article 2(10)
Article 2(15) Article 2(9) Article 2(8) — Article 2(7)
and (16) and (10) and (9) and (8)
Article 2(17) — Article 2(11) — —
and (18) and (12)
Article 2(19), (20), — — — —
(21), (22) and (23)
Article 2(24) — Article 2(10) — —
Article 2(25) Article 6(5) — — —
and (26)
Article 2(27) — — — Article 2(13)
Article 2(28) — — — Article 2(3)
Article 3, with the Article 3 — — —
exception of
paragraph (1)(f)
Article 3(1)(f) — — — —
EN 83 EN
Article 4 Article 2(9) — — —
and (10),
Article 6(1)
Article 5 — Article 7(1) Article 5(1) —
Article 6(1) to (4) Article 6(1) — — —
to (4)
Article 6(5) — — — —
Article 7 — Article 7(2) Article 5(2) —
and (3) with and (3) with
amendments amendments
Article 8 — Article 7(5) Article 5(5) —
Article 9 — — — Article 9(1)
first and
second
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) —
4(1), 5(1) and 6 and 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 — — — —
Article 17(1) — — — Articles 3(1)
and 4(1)
Article 17(2) — — — Article 3(2)
EN 84 EN
and (3)
Article 17(3) — — — Article 4(2)
Article 18 — — — Article 5
Article 19 Article 10 with Article 8(3) — Article 6 with
amendments amendments
Article 20 — Articles 3(4) — —
and 5(4) with
amendments
Article 21 — — — —
Article 22 — — — —
Article 23 Article 8(1) — — —
to (4) with
amendments
Article 24 Article 7(3) — — Article 7 with
with amendments
amendments
Article 25 Article 8(5) — — Article 8 with
with amendments
amendments
Article 26 — Article 8 with Article 7 with Article 6 with
amendments amendments amendments
Article 27 Article 11 with Article 5(2) — Article 10 with
amendments second amendments
subparagraph
Article 28(1) Article 12(1) — — —
with
amendments
Article 28(2) Article 11 with — — —
amendments
Article 28(3) — — — —
Article 28(4) — Annex IX with — —
amendments
Article 29 Article 12(2) — — —
Article 30 — Article 11 Article 9 Article 14
EN 85 EN
Article 31 — — — —
Article 32 — — — —
Article 33 Article 13 Article 12 Article 10 Article 15
Article 34 Article 14 Article 13 Article 11 Article 17
Article 35 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, Annex I, —
section I, Annex II
Annex II,
section I and
Annex III (with
amendments);
Annex IV
(unchanged)
Annex XII — Annex I, — Annex II,
section II, section I
Annex II,
section II,
Annex XIII — Annex I, — —
section I,
EN 86 EN
Annex II,
section I
Annex XIV — — — —
Annex XV Section Annex IV — — —
A
Annex XV Section — — — —
B
Annex XVI — Article 8 Article 7 Article 6 with
amendments
EN 87 EN
EUROPEAN
COMMISSION
Brussels, 26.10.2022
COM(2022) 542 final
2022/0347 (COD)
Proposal for a
DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
on ambient air quality and cleaner air for Europe
(recast)
{SEC(2022) 542 final} - {SWD(2022) 345 final} - {SWD(2022) 542 final} -
{SWD(2022) 545 final}
EN EN
EXPLANATORY MEMORANDUM
1. CONTEXT OF THE PROPOSAL
Clean air is essential to human health and sustaining the environment. Major improvements in
air quality have been achieved in the European Union (EU) over the past three decades,
thanks to joint efforts by the EU and national, regional and local authorities in the Member
States to reduce the adverse impacts of air pollution1. However, around 300 000 premature
deaths a year (compared with up to 1 million a year in the early 1990s) and a significant
number of noncommunicable diseases such as asthma, cardiovascular problems and lung
cancer, are still attributed to air pollution (and especially to particulate matter, nitrogen
dioxide and ozone)2;3. Air pollution continues to be the number one environmental cause of
early death in the EU. It disproportionally affects vulnerable groups such as children, elderly
people and persons with pre-existing conditions, as well as socioeconomically disadvantaged
groups4. There is also increasing evidence that air pollution may be associated with changes
of the nervous system, such as dementia5.
In addition, air pollution threatens the environment through acidification, eutrophication, and
ozone damage, causing damage to forests, ecosystems and crops. Eutrophication from
deposition of nitrogen exceeds critical loads in two thirds of ecosystem areas across the EU,
with significant impact on biodiversity.6 This pollution pressure can aggravate situations of
nitrogen surplus via water pollution.
In November 2019, the Commission published its Fitness Check of the Ambient Air Quality
Directives (Directives 2004/107/EC and 2008/50/EC)7. It concluded that the Directives have
been partially effective in improving air quality and achieving air quality standards, but that
not all their objectives have been met to date.
In December 2019, in the European Green Deal8, the European Commission committed to
further improving air quality and to aligning EU air quality standards more closely with the
recommendations of the World Health Organization (WHO). The WHO recommendations
were most recently revised in September 20219 and are subject to periodic scientific review,
typically every 10 years. This objective of closer alignment with latest scientific findings was
confirmed in the zero pollution action plan10, entailing a vision for 2050 to reduce air (and
water and soil) pollution to levels no longer considered harmful to health and natural
ecosystems, and that respect the boundaries our planet can cope with, thus creating a toxic-
1
See, for example: EEA (2018), Air Quality in Europe 2018 Report. The median estimate for all datasets
available pointed to 445 000 premature deaths across Europe per year in 2015, compared to a situation 25
years earlier when the median value was 960 000 deaths per year in 1990.
2
As specified by the WHO, “[n]communicable diseases (NCDs), also known as chronic diseases, tend to be of
long duration and are the result of a combination of genetic, physiological, environmental and behavioural
factors. NCDs disproportionately affect people in low- and middle-income countries, where more than three
quarters of global NCD deaths (31.4 million) occur.”
3
See, for example: EEA (2021), Air Quality in Europe 2021.
4
See, for example, EEA (2018): Unequal exposure and unequal impacts: social vulnerability to air pollution,
noise and extreme temperatures in Europe.
5
United States Environmental Protection Agency (2019 and 2022): Integrated Science Assessment for
Particulate Matter; Supplement to the 2019 Integrated Science Assessment for Particulate Matter.
6
See, for example, The Second Clean Air Outlook, COM(2021) 3.
7
Directive 2004/107/EC relating to arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons
in ambient air and Directive 2008/50/EC on ambient air quality and cleaner air for Europe, as amended by
Commission Directive (EU) 2015/1480.
8
COM(2019) 640.
9
WHO (2021) WHO Global Air Quality Guidelines.
10
COM (2021) 400.
EN 1 EN
free environment. In addition, 2030 targets were introduced, two of them on air: to reduce the
health impacts of air pollution (premature deaths) by more than 55%, and the share of EU
ecosystems where air pollution threatens biodiversity by 25%. Stricter air quality standards
would also contribute to the objectives of Europe’s Beating Cancer Plan.11 The Commission
also announced in the European Green Deal that it would strengthen air quality monitoring,
modelling and planning.
The Russian military aggression against Ukraine, which started in February 2022, led EU
leaders to agree on the need to urgently accelerate the transition to clean energy production,
with a view to reducing the EU’s dependence on gas and other fossil fuels imported from
Russia. On 18 May 2022 an ambitious RePowerEU package of measures was adopted, aimed
amongst others at assisting Member States in speeding up the deployment of renewable
energy production. If swiftly implemented as set out in the Commission Communication12,
this package may have significant co-benefits from an air pollution perspective.
The Ambient Air Quality Directives are part of a comprehensive clean air policy framework
built on three main pillars. The first consists of the Ambient Air Quality Directives
themselves, setting quality standards for concentration levels of 12 ambient air pollutants. The
second is the Directive on the reduction of national emissions of certain atmospheric
pollutants (the NEC Directive), which sets out commitments per Member State to reduce the
emissions of key ambient air pollutants and their precursors, acting within the EU to achieve a
joint reduction in transboundary pollution13. To this add international efforts, notably through
the UNECE Air Convention, to reducing transboundary emissions from outside the EU14. The
third pillar consists of legislation setting emissions standards for key sources of air pollution,
such as road transport vehicles, domestic heating installations and industrial installations15.
The amount of pollution from such sources is also affected by other policies that influence
key activities and sectors in areas such as transport, industry, energy and climate, and
agriculture. A number of these policies are part of recent initiatives taken under the European
Green Deal, such as the zero pollution action plan, the European Climate Law16 and the Fit
for 5517 package with initiatives on energy efficiency and renewable energy, the methane
strategy18, the sustainable and smart mobility strategy19, the related 2021 new urban mobility
framework20, the biodiversity strategy21 and the farm to fork initiative22. Furthermore,
11
COM(2021)44. The Beating Cancer Plan confirms the need to reduce ambient air pollution, which causes,
amongst others, lung cancer. The plan also includes a legislative proposal in 2022 to further reduce worker’s
exposure to asbestos, see COM(2022(489).
12
COM(2022)230.
13
See Directive 2016/2284/EU.
14
It should be noted that air pollutant emissions from outside EU Member States also play a role in background
pollution in the EU. The UNECE Air Convention can play a key role on reducing these emissions, as well as
capacity building and other support provided by the EU in the context of accession processes, in particular
for Western Balkans countries.
15
Including Directives 2010/75/EU (on industrial emissions), 2015/2193/EU (on medium combustion plants),
98/70/EC (on fuel quality), 2016/802/EU (on sulphur content in liquid fuels), 2009/125/EC (on eco-design),
as well as EC Regulations 443/2009 and 510/2011 (on emission standards for vehicles), Regulations
(EU) 2016/427, (EU) 2016/646, and (EU) 2017/1154 (on real driving emissions), and Regulation
(EU) 2016/1628 (on non-road mobile machinery).
16
Regulation (EU) 2021/1119.
17
COM(2021) 550.
18
COM(2020) 663.
19
COM(2020) 789, including a Commission commitment to launch a dedicated study in 2023, which will map
and clarify which digital and technical solutions would be available to enable more effective and user-
friendly urban vehicles access restriction schemes (UVARs), including low emission zones (LEZ), while
respecting the principle of subsidiarity (see also COM(2021) 811).
20
COM(2021) 811.
EN 2 EN
significant reductions of pollutant emissions from cars, vans, lorries and buses are expected to
result from the adoption and implementation of the forthcoming Euro 7 proposal (cf
PLAN/2020/6308).
The revision of the Ambient Air Quality Directives would merge the Directives into one, and
seek to:
align EU air quality standards more closely with WHO recommendations
further improve the legislative framework (e.g. in relation to penalties, and public
information)
better support local authorities in achieving cleaner air through strengthening air quality
monitoring, modelling and plans.
The impact assessment shows that the benefits of the proposed revision for society far
outweigh the costs. The main benefits expected are related to health (including reduced
mortality and morbidity, reduced healthcare expenditure, reduced absence from work due to
illness and increased productivity at work) and the environment (including reduced ozone-
related crop yield losses).
1.1. Consistency with other Union policies
This initiative is part of the 2022 Commission work programme and a key action in the Zero
Pollution Action Plan. Like all initiatives under the European Green Deal, it aims to ensure
that objectives are achieved in the most effective and least burdensome way and comply with
the ‘do no significant harm’ principle. The proposal contributes to implementing the zero
pollution ambition and the targets of the Zero Pollution Action Plan for air quality to
protection health and the environment. Many European Green Deal policies and priorities are
of relevance for the successful implementation of the proposal, and can benefit from the
increased ambition under the proposed Directive. These include:
The Climate Law and the Fit for 55 package with their increased climate ambition will
foster uptake of low- or zero emission technologies with co-benefits for air quality (such as
non-combustible renewables, energy efficiency measures, electric mobility). Proposals on
increased ambition include an increased ambition of the EU emission trading system
(ETS), an increased ambition of the EU’s Effort Sharing Regulation, and stricter CO₂
emission performance standards for cars and vans requiring all newly registered cars and
vans to be zero-emission from 2035. Stricter air quality standards under this proposal will
bring co-benefits for climate in the form of reduced greenhouse gas emissions, notably
CO2 emissions, from fossil fuel burning, and reduction of black carbon (BC), a short-lived
climate forcer (SLCF).
RePowerEU proposes actions to rapidly reducing Europe’s dependence on Russian fossil
fuels, including an overall reduction of energy consumption, diversification of energy
imports, substituting fossil fuels and accelerating the transition to renewable energy in
power generation, industry, buildings and transport and smart investments. Speeding up
these actions can benefit air quality, too.
21
COM(2020) 380.
22
COM(2020) 381.
EN 3 EN
Increased uptake of non-combustible renewable energy sources will reduce reliance on
fossil fuels and hence emissions of air pollutants, improving air quality. Initiatives
promoting renewable energy sources include the 2021 proposal to revise the Renewable
Energy Directive (RED II)23, which puts forward more ambitious 2030 targets, as well as
the 2022 Commission Communication on RePower EU with its emphasis on frontloading
investments in renewables, notably solar power and wind, and in heat pumps, all of which
are beneficial also for air quality.
Increased ambition on energy efficiency and the introduction of a binding EU energy
efficiency target through the proposal on a revised Energy Efficiency Directive 24 will
decrease energy needs overall, including of fossil fuels and hence reduce emissions of air
pollutants, improving air quality.
Action under the Sustainable and Smart Mobility Strategy and the related the related 2021
new urban mobility framework supporting the move towards lower-emission and public
transport will bring positive co-benefits for air quality. Some actions with particular
relevance for air quality include more stringent air pollutant emissions standards for
combustion engine vehicles (in the forthcoming Euro 7 proposal)25; the proposal for an
alternative fuels infrastructure regulation26: a comprehensive network of recharging and
refuelling infrastructure is needed to facilitate the increased uptake of renewable and low-
carbon fuels, including e-mobility, which would bring important air quality co-benefits.;
proposals for ReFuelEU Aviation and FuelEU Maritime include measures that promote
cleaner fuels, with a potential to reduce air pollutant emissions, and to improve air quality
near ports and airports by requiring the use of on-shore power supply or zero-emission
energy at berth for specific ship types and sustainable aviation fuels in aircrafts. In turn, the
Ambient Air Quality Directives trigger increased action in urban areas to move to lower
emission mobility, introduction of low-emission zones, increased uptake of public
transport and active mobility to attain limit values.
Greening the Common Agricultural Policy and the ‘Farm to Fork’ Strategy can help to
reduce ammonia emissions from agriculture, for instance through promoting ammonia
reduction measures via CAP Strategic Plans or improving nutrient management.
Stricter air quality standards under this proposal will help to protect diversity in line with
the Biodiversity Strategy, while policies that improve ecosystem health, such as the
proposed Nature Restoration Law, can also deliver on clean air aspects.
1.2. Legal basis
The legal basis for the EU to act on air quality lies in Articles 191 and 192 of the Treaty on
the Functioning of the European Union (TFEU), on the environment. These Articles empower
the EU to act to preserve, protect, and improve the quality of the environment, protect human
health and promote measures at international level to deal with regional or worldwide
environmental problems. The same legal basis underpins the current Ambient Air Quality
Directives. Given that this is an area of shared competence between the EU and the Member
States, EU action must respect the subsidiarity principle.
23
COM (2021) 557 final
24
COM/2021/558 final
25
COM (2022), European vehicle emissions standards – Euro 7 for cars, vans, lorries and buses (accessed
04.08.2022)
26
COM(2021) 559 final
EN 4 EN
1.3. Subsidiarity and proportionality
The objectives of this initiative cannot be sufficiently achieved at Member State level alone.
This is due, firstly, to the transboundary nature of air pollution: 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 27. Once air pollutants
are emitted or formed in the atmosphere, they can be transported over thousands of
kilometres. The scale of the issue at hand requires EU-wide action to ensure that all Member
States take measures to reduce the risks to the population in each Member State.
Secondly, the TFEU requires policies aiming for a high level of protection, taking into
account the diversity of situations across the EU28. The existing Directives established
minimum air quality standards throughout the EU but leave the choice of measures to the
Member States, so that they can adjust these measures to specific national, regional and local
circumstances. This principle is maintained in the proposed Directive, which would merge the
two existing Ambient Air Quality Directives into one.
Thirdly, fairness and equality must be ensured as regards the economic implications of air
pollution control measures and the ambient air quality experienced by people across the EU.
1.4. Proportionality principle
The proposal complies with the proportionality principle as it
merges two Directives, consolidating and simplifying the provisions of the existing
Directives in one;
leaves the details of implementation to the Member States who know national, regional and
local circumstances and can therefore better choose the most cost-effective measures to
attain air quality standards;
delivers substantial health and economic benefits that are expected to clearly outweigh the
costs of measures to be taken;
requires more precise air quality assessment through specific monitoring and modelling
requirement, which can be expected to foster more targeted and cost-effective measures to
comply with air quality standards.
1.5. Choice of instruments
The proposed instrument remains a Directive, as previously. Other means would not be
suitable, as the proposal is to continue setting objectives at EU level but leaving the choice of
measures for compliance to the Member States, who can adjust these measures to different
national, regional and local circumstances, i.e. taking into account the diversity and specificity
of situations across the EU. Continuity in the choice of instrument also facilitates merging and
simplifying the two existing Directives into a single instrument.
27
See, for instance, the JRC Urban PM2.5 Atlas that analyses the sources of fine particulate matter pollution in
150 cities in the EU
28
Articles 191.2 of the Treaty on the Functioning of the European Union (TFEU)
EN 5 EN
2. RESULTS OF EX- POST EVALUATIONS, STAKEHOLDER
CONSULTATIONS AND IMPACT ASSESSMENTS
2.1. Evaluation/fitness check and related opinions of the Regulatory Scrutiny Board
(RSB)
The Fitness Check on the Ambient Air Quality Directives29 found that they had guided the
setting up of representative high-quality monitoring of air quality, set clear air quality
standards, and facilitated the exchange of reliable, objective, comparable information on air
quality, including information for a wider public. They had been less successful in ensuring
that sufficient action was taken to meet air quality standards and keep the duration of
exceedances as short as possible. Nevertheless, the available evidence indicated that Ambient
Air Quality Directives had contributed to a downward trend in air pollution and reduced the
number and magnitude of exceedances. The conclusion, in the light of this partial delivery,
was that the Ambient Air Quality Directives had been broadly fit for purpose – while at the
same time pointing to scope for improvements in the existing framework to achieve good air
quality across the EU. It emerged from the Fitness Check that additional guidance, or clearer
requirements in the Ambient Air Quality Directives themselves, could help to make
monitoring, modelling and the provisions for plans and measures more effective and efficient.
Air quality standards were found to have been instrumental in driving concentrations
downward and reducing exceedance levels. Nevertheless, EU air quality standards are not
fully aligned with well-established health recommendations30, and there have been and
continue to be substantial delays in taking appropriate and effective measures to meet the air
quality standards.
Overall, the monitoring network was found by and large to comply with the provisions of the
existing Ambient Air Quality Directives, and to ensure that reliable and representative air
quality data are available. However, concerns were noted that the criteria on monitoring offer
too much leeway and present some ambiguity for relevant authorities.
Following recommendations from the Regulatory Scrutiny Board, the Fitness Check provided
further clarifications in several areas, including on differences between EU air quality
standards and WHO recommendations, air quality trends and monitoring, effectiveness of
legislation in achieving air quality standards, stakeholder feedback and public perception of
air quality.
2.2. Stakeholder consultation
The stakeholder consultation aimed to collect supporting information, data, knowledge and
views from a comprehensive range of stakeholders, to provide input for the different policy
options for revising the Ambient Air Quality Directives, and to help assess the feasibility of
implementing them.
The open public consultation ran for 12 weeks, as an online questionnaire with
13 introductory and 31 specific questions, hosted on the EU Survey tool. The questionnaire
included issues to be covered in the impact assessment and gathered initial views on the
ambition level and potential impacts of certain options for revision of the Ambient Air
Quality Directives. A total of 934 responses were received, and 116 position papers were
submitted. Open questions received between 11 and 406 individual responses – 124 on
average. The responses came from 23 different Member States.
29
SWD(2019)427
30
The WHO Air Quality Guidelines have been revised since, in 2021.
EN 6 EN
The targeted survey was published on EU Survey in two parts (part 1 on policy area 1 ‘air
quality standards’ on 13 December 2021, and part 2 on policy areas 2 and 3 ‘governance;
monitoring, modelling and air quality plans’ on 13 January 2022), both with a deadline for
contributions of 11 February 2022. The targeted survey sought in-depth views from
organisations with an interest in or working with EU rules on air quality. Accordingly, the
survey was sent out to targeted stakeholders, including relevant authorities at different levels
of governance, private sector organisations, academics and civil society organisations in all
EU Member States. Part 1 of the targeted stakeholder survey received in total 139 replies
from 24 Member States. Part 2 of the survey received 93 replies from 22 Member States.
The first stakeholder meeting took place on 23 September 2021 and was attended by
315 external participants, either onsite or online, from 27 Member States. The aim of the first
stakeholder meeting was to gather views on shortcomings identified in the current Ambient
Air Quality Directives, as well as on the ambition level for the revised legislation.
The second stakeholder meeting on 4 April 2022 was attended by 257 external participants,
either onsite or online, from 23 Member States. The aim of the meeting was to collect
feedback from stakeholders for the completion of the impact assessment.
Targeted interviews were conducted to complement the other consultation activities, in
particular with representatives of regional and national public authorities, civil society &
NGOs, and academia & research. The main purpose of the interviews was to fill remaining
information gaps identified from the evaluation of the targeted stakeholder survey.
Consequently, the interviews focused on policy area 2, notably on the feasibility, means of
implementation and impacts of the various options considered.
In addition, the impact assessment took into account: 30 ad hoc contributions (position
papers, scientific studies and other documents) received from 25 different stakeholders;
discussions at the third EU Clean Air Forum on 18 and 19 November 2021; feedback on the
inception impact assessment from 63 stakeholders from 12 Member States; and the Fit for
Future Platform opinion on the ambient air quality legislation.
Furthermore, the report on the final outcome of the Conference on the Future of Europe
showed that citizens demand action to reduce air pollution31.
2.3. Use of expertise
The following areas of expertise have been used in developing this proposal: (1) analysis of
links between air pollution and human health, (2) estimation of health impacts, including
monetary quantification, (4) estimation of ecosystem impacts, (5) macroeconomic modelling,
and (6) air quality assessment and management expertise.
This expertise has been gathered mainly through service contracts and grant agreements, with,
among others, the WHO, the European Environment Agency, the Joint Research Centre and
different consultants. All reports from experts and contracts have been routinely uploaded to
the internet for public distribution.
2.4. Impact assessment and opinion of the Regulatory Scrutiny Board
The impact assessment analysed 19 policy options (comprising 69 policy measures) to
address shortcomings identified in the current Ambient Air Quality Directives regarding
31
Conference on the Future of Europe (2022): Report on the final outcome, https://europa.eu/!3k9WY6
EN 7 EN
environment and health, governance and enforcement, monitoring and assessment, as well as
information and communication.
Each of these policy options was assessed with regards to its environmental, social and
economic consequences, its consistency with other policy priorities and its expected benefit-
to-cost ratio.
The preferred policy package is set out below.
1. On air quality standards:
a. setting clear EU air quality standards, defined as limit values for 2030, based on a
political choice between policy options ‘full alignment’ (I-1), ‘closer alignment’ ( I-
2) and ‘partial alignment’ (I-3), with a limited number of temporary exceptions
where these are clearly warranted;
b. pointing to a post-2030 perspective for a full alignment with the 2021 WHO Air
Quality Guidelines, whilst getting on track towards alignment also with future
WHO Guidelines to achieve the zero pollution vision by the year 2050;
c. a regular review mechanism to assure that the latest scientific understanding of air
quality guides future decisions.
2. On governance and enforcement
a. updating the minimum requirements for air quality plans;
b. introducing limit values for air pollutants currently subject to target values, to
enable more effective reduction of the concentrations of these pollutants;
c. further clarifying how exceedances of air quality standards need to be resolved, how
to prevent them in advance, and when to update air quality plans;
d. further defining the type of measures that competent authorities must take to keep
exceedance periods as short as possible, and expanding provisions on penalties in
case of breaches of air quality standards;
e. strengthening the obligations for Member States to cooperate when transboundary
pollution causes breaches of air quality standards;
f. improving enforceability of the Directives through new provisions on access to
justice and compensation and an enhanced provision on penalties.
3. On air quality assessments
a. Further improving, simplifying and somewhat expanding air quality monitoring and
assessment, including
i. monitoring pollutants of emerging concern;
ii. limiting relocations of air quality sampling points to those where limit values
have been respected for at least three years;
iii. further clarifying and streamlining siting criteria for sampling points;
vi. updating the maximum measurement uncertainties allowed in line with the
stricter air quality standards proposed.
b. making better use of air quality modelling
i. to detect breaches of air quality standards, inform air quality plans and the
placement of sampling points;
EN 8 EN
ii. Improving the quality and comparability of air quality modelling.
4. On public information about air quality
a. Hourly reporting of all available up-to-date air quality measurements for key
pollutants, and making the information accessible to citizens with an air quality
index;
b. Informing the public about possible health effects and recommending behaviour
when air quality standards are breached.
Overall, the main benefits are expected to come in the form of reduced mortality and
morbidity, reduced healthcare expenditure, reduced ozone-related crop yield losses, reduced
absence from work due to illness and increased productivity at work.
The policy options regarding different levels of alignment with the WHO Air Quality
Guidelines have environmental, economic, social and health implications. All three of these
options, i.e. ‘full alignment’ (I-1), ‘closer alignment’ (I-2) and ‘partial alignment’ (I-3), would
render significant health and environment benefits – albeit to varying degrees. However, for
all three policy options, the impact assessment shows that benefits for society far outweigh
the costs.
The annual costs and benefits have been calculated for 2030 as a central estimate, since this is
the year in which the majority of new air quality standards would need to be achieved for the
first time. Mitigation costs would already arise in preceding years to ensure the new
standards were met in 2030, but after 2030 they are likely to decrease as one-off investments
necessary to achieve the targets will have been made already.
Policy option I-3 (‘partial alignment’ with the 2021 WHO Air Quality Guidelines by 2030)
has the highest benefit-to-cost ratio (between 10:1 and 28:1). Most air quality sampling points
in the EU might be expected to meet the corresponding air quality standards with little
additional effort. Under the central estimate, the net benefits amount to more than EUR 29
billion, compared to corresponding mitigation measure costs of EUR 3.3 billion in 2030.
For policy option I-2 (‘closer alignment’ with the 2021 WHO Air Quality Guidelines by
2030) the benefit-to-cost ratio is expected to be slightly lower (between 7.5:1 and 21:1) Some
6% of sampling points would not be expected to meet the corresponding air quality standards
without additional effort at local level (or may need time extensions or exceptions). Under the
central estimate, the net benefits amount to more than 36 billion EUR, i.e. 25% more than
policy option I-3. The corresponding total mitigation measures and related administrative
costs are estimates at EUR 5.7 billion in 2030.
Under policy option I-1 (‘full alignment’ with the 2021 WHO Air Quality Guidelines by
2030) the benefit-to-cost ratio also remains significantly positive (between 6:1 and 18:1).
However, 71% of sampling points would not be expected to meet the corresponding air
quality standards without additional effort at local level (and in many of these instances would
not be able to meet these standards at all with technical feasible reductions only). Under the
central estimate, the net benefits amount to more than EUR 38 billion, i.e. 5% more than
policy option I-2. The corresponding mitigation costs are estimated at EUR 7 billion in 2030.
Administrative costs are in an estimated range of EUR 75 million to EUR 106 million a year
in 2030. This includes the cost of drawing up air quality plans, of air quality assessments and
additional sampling points. In particular, the cost of drawing up air quality plans is expected
to decrease over time, as they resolve air quality exceedances and make themselves
redundant. Similarly, air quality assessment regime requirements become less stringent as air
quality improves, with an expected decrease in costs related to air quality monitoring –
EN 9 EN
however, the above estimates, including one-off investment, have been annualised in the
calculations. Note all these costs are borne by public authorities.
It is important to note that the Ambient Air Quality Directives impose no direct
administrative costs on consumers and businesses. The potential costs for them stem
mainly from measures taken by Member State authorities to achieve the air quality standards
set in the Directives. These are part of the overall mitigation/adjustment costs mentioned
above.
The proposed merging of the current Ambient Air Quality Directives, 2008/50/EC and
2004/107/EC, into a single Directive is expected to reduce the administrative burden for
public authorities, in particular relevant authorities in the Member States, by simplifying
rules, enhancing consistency and clarity, and making implementation more efficient.
The impact assessment also checked consistency with climate policy, in particular the
European Climate Law. Given the many common sources of greenhouse gas and pollutant
emissions, the proposed revision of EU air quality standards will support climate targets, as
measures to achieve clean air will lead to greenhouse gas emission reductions as well.
The assessed impacts of the proposal on air quality is also coherent with the zero pollution
action plan, notably its 2030 target to reduce by more than 55% the health impacts
(premature deaths) of air pollution, and, the 2050 vision of the Action Plan to reduce air,
water and soil pollution to levels no longer considered harmful to health. There are also
important synergies with policies that address pollutant emissions at source and that are part
of the Action Plan, too. This concerns, for instance, the recent proposal for revising the
Industrial Emissions Directive and the forthcoming proposal for Euro 7 emission standards
for road vehicles, which will support the achievement of stricter air quality standards.
Following the opinion of the Regulatory Scrutiny Board, the impact assessment was
enhanced with additional analysis and clarifications on (1) the interaction of the proposal with
other initiatives such as the impact of the proposed revision of the Industrial Emissions
Directive, (2) the different parameters analysed for different policy options, including their
respective feasibility, and (3) the reasons for problems identified with the implementation of
the current Ambient Air Quality Directives.
In parallel to the impact assessment undertaken for this proposal, a wider analysis of the clean
air context and its future prospects has been carried out and will be published as a regular
Clean Air Outlook report32 and as part of the Zero Pollution Monitoring and Outlook report
planned for the end of 2022. The Third Clean Air Outlook will complement the analysis
undertaken for the impact assessment for revision of the Directives, shedding light on
additional elements such as: the regional impact of the measures proposed in the REPowerEU
package on clean air; the positive prospect of achieving the zero pollution 2030 targets under
the preferred policy package for revision of the Directives; and the effect of including non-
technological (e.g. dietary) measures on clean air projections for 2030. These impacts are in
addition to possible greater long-term positive impacts.
2.5. Regulatory fitness and simplification (REFIT)
In light of its better regulation agenda (and REFIT programme), the Commission is proposing
to merge Directive 2008/50/EC and Directive 2004/107/EC into one Directive regulating all
relevant air pollutants.
32
Previous editions of the Clean Air Outlook are available at https://europa.eu/!Q7XXWT.
EN 10 EN
When Directive 2008/50/EC was adopted, it replaced a number of legislative acts: Council
Directive 96/62/EC on ambient air quality assessment and management, Council Directive
99/30/EC on limit values for sulphur dioxide, nitrogen dioxide and oxides of nitrogen,
particulate matter and lead in ambient air, Directive 2000/69/EC on limit values for benzene
and carbon monoxide in ambient air, Directive 2002/3/EC on ozone in ambient air and
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.
They were merged into a single Directive in the interest of clarity, simplification and
administrative efficiency. At the time, the European Parliament and the Council also
stipulated that consideration should be given to merging Directive 2004/107/EC with
Directive 2008/50/EC, once sufficient experience had been gained in relation to the
implementation of Directive 2004/107/EC.
After more than a decade of implementing Directive 2008/50/EC and Directive 2004/107/EC
in parallel, the revision of the Ambient Air Quality Directives provides an opportunity to
incorporate the latest scientific knowledge and experience with implementation by merging
them into a single Directive. This will consolidate air quality legislation, while simplifying
rules applying to relevant authorities, enhancing overall consistency and clarity, and thus
making implementation more efficient.
The proposal also streamlines and simplifies a number of provisions, notably in relation to air
quality monitoring of different air pollutants, types of air quality standards for these
pollutants, and the requirements that result from them, such as the development of air quality
plans.
The suggestions by the Fit for Future Platform’s 12 November 2021 opinion on “Ambient air
quality legislation”33 was considered throughout the impact assessment, including for instance
recommendations related to air quality standards, implementation, monitoring, merging the
existing directives into one, coherence with related policies.
2.6. Fundamental rights
The proposed directive respects fundamental rights and observes the principles recognised in
particular by the EU Charter of Fundamental Rights. This proposal sets out to avoid, prevent
and reduce harmful effects on human health and the environment from air pollution, in line
with Article 191(1) of the TFEU. It thus seeks to integrate into EU policies a high level of
environmental protection and improvement in the quality of the environment in accordance
with the principle of sustainable development laid down in Article 37 of the EU Charter of
Fundamental Rights. It also puts into concrete terms the obligation to protect the right to life
and to the integrity of the person laid down in Articles 2 and 3 of the Charter.
Further, it contributes to the right to an effective remedy before a tribunal as laid down in
Article 47 of the Charter, in relation to the protection of human health, through detailed
provisions on access to justice, compensation and penalties.
3. BUDGETARY IMPLICATIONS
The financial statement related to the budgetary implications and the human and
administrative resources required for this proposal are integrated in the legislative financial
33
COM (2022), Fit for Future Platform Opinion reference: 2021/SBGR1/04
EN 11 EN
statement for the zero pollution package which is presented as part of the proposal for
revision of the lists of pollutants affecting surface and groundwaters.
The proposal will have budgetary implications for the Commission, the Joint Research Centre
(JRC) and the European Environment Agency (EEA) in terms of human and administrative
resources required.
The Commission’s implementation and enforcement workload will slightly increase as a
result of listing new standards and more substances to be monitored, and the need to review
and update existing guidance and implementing decisions, as well as draft new guidance
documents.
The Commission will furthermore need increased support from the JRC to strengthen air
quality monitoring and modelling implementation. Specifically, this will involve drafting
guidance, chairing two key expert networks, and drawing up standards relating to air quality
monitoring and modelling in collaboration with the European Committee for Standardization
(CEN). This scientific support would be obtained through the launch of administrative
arrangements.
The EEA will have an increased workload as a result of: the need to expand infrastructure and
support continuous reporting, which would be extended to include air pollutants of emerging
concern as well as average exposure reduction obligations covering pollutants PM2.5 and NO2;
the need to expand reporting infrastructure for up-to-date information from additional
sampling points, modelling data and air quality plans; the need to increase support for sound
assessments of air quality data reported; and the need to strengthen the links between the
analysis and support for policies on air pollution, climate change, human and ecosystem
health. This will require one new additional full-time-equivalent staff and two redeployments,
on top of the current team of EEA colleagues already supporting EU clean air policy.
4. OTHER ELEMENTS
The current framework established under the Ambient Air Quality Directives already offers
high-quality representative monitoring of air quality, as demonstrated in the Fitness Check for
the Directives. Across the EU, Member States have established an air quality monitoring
network with some 16 000 sampling points for specific pollutants (many of which are
grouped together at more than 4 000 monitoring stations), with sampling based on common
criteria defined by the Directives. Overall, the monitoring network largely complies with the
Directives and ensures that reliable and representative air quality data are available. The
monitoring framework will be further improved by this proposal, as explained in more detail
below.
The existing provisions on reporting set out in Commission Decision 2011/850 guided the
development of an effective and efficient digital e-reporting system, hosted by the EEA34. In
addition, this proposal includes monitoring of pollutants of emerging concern. This will make
it possible to observe several air pollutants for which no harmonised EU-wide air quality
monitoring yet exists.
Improvements to air quality monitoring, modelling and assessment regimes are also part of
this proposal. They will provide additional comparable and objective information making it
possible to regularly monitor and evaluate the development of air quality in the EU. Along
with more precise requirements for information to be included in air quality plans, as
34
See also fitness check on monitoring and reporting in environmental policy, SWD(2017) 230 final.
EN 12 EN
provided for in this proposal, this will enable the effectiveness of specific (often local) air
quality measures to be kept under constant review. Clearer specific requirements on public
information will make it easier and faster for the public to access the outcomes of monitoring
and evaluation of air quality data and related policy action.
All this will usefully inform future evaluations of a revised Ambient Air Quality Directive.
5. DETAILED EXPLANATION OF THE SPECIFIC PROVISIONS OF THE
PROPOSAL:
Amendments made through the proposal to merge the current Ambient Air Quality
Directives (2008/50/EC and 2004/107/EC) aim to consolidate and simplify the legislation.
The following explanations focus on changes compared to the current Directives. The
numbering of articles cited corresponds to the proposal.
Article 1 introduces the 2050 zero pollution objective for air quality to ensure that, by 2050,
air quality is so improved that pollution is no longer considered harmful to human health and
the environment.
Article 3 provides for a regular review of scientific evidence to check whether the air quality
standards in force are still sufficient to protect human health and the environment, and
whether additional air pollutants should be regulated. The review will inform the development
of plans for alignment with the WHO Air Quality Guidelines by 2050 based on a regular
review mechanism to take into account the latest scientific understanding.
Article 4 include updates and adds new definitions of elements which are changed or added
to the Directive.
Article 5 requires that Member States ensure the accuracy of model applications, with a view
to enabling increased use of modelling for air quality assessment, and better use of the
modelling.
Article 7 simplifies the rules for assessment thresholds. The thresholds inform which air
quality assessment techniques should apply at different levels of pollution. The proposal
replaces the current lower and upper threshold with a single assessment threshold per
pollutant.
Article 8 ensures that ambient air quality must be monitored using fixed sampling points
wherever air pollution levels exceed WHO recommendations. When limit values or the ozone
target value of this Directive are exceeded, air quality must also be assessed with modelling
applications. Modelling will also help to detect possible additional locations where limit
values or the ozone target value are exceeded. This aims to make use of the advances in
modelling applications to guide effective, targeted and cost-efficient air quality measures with
a view to ending breaches of air quality standards as soon as possible.
Article 9 updates and clarifies rules for the number and location of sampling points, including
stricter rules for relocating sampling points. The revised rules also bring together and simplify
sampling point requirements for different air pollutants and air quality standards, currently
spread out across the Directives.
Article 10 introduces monitoring supersites and regulates their number and location. These
monitoring supersites combine multiple sampling points to gather long-term data on air
pollutants covered by this Directive, as well as on air pollutants of emerging concern and
other relevant metrics. Combining multiple sampling points in a supersite instead of placing
EN 13 EN
them separately may in some instances save costs. Introducing additional sampling points for
unregulated air pollutants of emerging concern, such as ultrafine particles (UFP), black
carbon (BC), ammonia (NH3) or the oxidative potential of particulate matter, will support
scientific understanding of their effects on health and the environment. Where applicable,
Member States can set up common monitoring supersites, which can reduce costs.
Article 11 clarifies data quality objectives for air quality measurement and introduces quality
objectives for modelling. A new requirement is added that requires all data to be reported and
to be used for compliance assessment purposes, even if they do not meet the data quality
objectives.
Provisions on assessing ozone are integrated with provisions on assessing other pollutants to
simplify and streamline the provisions.
Article 12 brings together existing requirements on keeping air pollutant levels below limit
values and introduces new requirements for average exposure concentrations.
Article 13 aligns EU air quality standards more closely with 2021 WHO recommendations,
taking into account feasibility and cost-effectiveness analysed in the impact assessment
accompanying this proposal. In addition, limit values are introduced for all air pollutants
currently subject to target values, except for ozone (O3). Experience with the current
Directives shows that this will increase effectiveness in bringing down air pollutant
concentrations. Ozone is exempted from this change due to the complex characteristics of its
formation in the atmosphere which complicate the task of assessing the feasibility of
complying with strict limit values. The revised limit and target values will enter into force in
2030, balancing the need for swift improvement with the need to ensure sufficient lead-time
and for coordination with key related policies that will bear results in 2030, such as the Fit for
55 package of climate change mitigation policies. To put the EU on a trajectory that will
enable it to realise the zero pollution vision for air in 2050, a new provision is introduced
requiring a reduction in public's average exposure to fine particulate matter (PM2.5) and
nitrogen dioxide (NO2) at regional level (NUTS 1 territorial units), towards the levels
recommended by the WHO. This adds to the obligation to meet limit and target values,
applicable in air quality zones. To inform clean air policy at EU level, Member States are
required to notify the Commission swiftly if they introduce more stringent air quality
standards than the EU standards.
Article 14 is shortened, as sampling point requirements are the same as those under Article 7.
The content of several articles (former Articles 15-18 of Directive 2008/50/EC) on air quality
standards and related requirements for fine particulate matter (PM2.5) and ozone (O3) is
integrated with standards for other pollutants in Articles 12, 13 and 23, and requirements on
sampling points are integrated into Article 7.
Article 15 introduces alert thresholds for short-term measures on peak pollution from
particulate matter (PM10 and PM2.5), in addition to the existing alert thresholds for nitrogen
dioxide (NO2) and sulphur dioxide (SO2), given the significant health impacts of particulate
matter pollution.
Article 16 extends the rules on deducting natural source contributions to exceedances of air
quality standards to cover exceedances of average exposure reduction obligations. Air
pollution from natural sources such as Saharan dust cannot be influenced by air quality
management. This is why Articles 19 and 20 ensure that air quality exceedances resulting
from these sources will not count as non-compliance with air quality standards including
average exposure reduction obligations, and not require air quality plans.
EN 14 EN
Article 17 on deduction of winter-sanding and winter-salting is extended to include fine
particulate matter (PM2.5). Winter-sanding and winter-salting are important for road safety,
even though resuspension of particles from these measures can also contribute to air pollution
with particulate matter of different sizes. Air quality exceedances resulting from these sources
only will not result in a requirement to establish air quality plans under Article 19.
Article 18 on postponing deadlines to attain limit values for particulate matter (PM10 and
PM2.5) and nitrogen dioxide (NO2) lays down additional prerequisites for postponement, in
order to increase the efficiency of air quality measures taken towards respecting the limit
values. For example, air quality plans must outline how additional funding will be sought to
achieve compliance faster, and how the public will be informed about the consequences of the
postponement for human health and the environment. In addition, it will only be possible to
postpone attainment of a limit value if the average exposure reduction obligation for the
relevant air pollutant has been complied with for at least 3 years before the postponement
starts. This is to ensure that postponement is granted only for cases of localised exceedances
of limit values due to site-specific conditions, and will not be used to delay local, regional or
national air quality measures, be it at local, regional or national measures.
Article 19 increases the effectiveness of air quality plans to ensure compliance with air
quality standards as soon as possible. This will be achieved by (a) requiring air quality plans
to be drawn up before air quality standards enter into force in cases of non-compliance prior
to 2030, (b) specifying that air quality plans must aim to keep the exceedance period as short
as possible, and in any case no longer than 3 years for limit values, and (c) mandating regular
updates of air quality plans if they do not achieve compliance.
Air quality plans are made mandatory when limit values, the ozone target value or average
exposure reduction obligations are exceeded. The plans will also be mandatory when it is
anticipated that these standards will be exceeded. This will help to ensure that periods of
exceedance are kept as short as possible. It will also foster synergies between managing
different air pollutants, and between measures to attain different standards. For instance,
measures to attain the average exposure reduction obligation for fine particulate matter
(PM2.5) will also support the attainment of the PM2.5 limit value.
A final amendment will require that air quality plans analyse the risk of exceeding alert
thresholds. This will lead to greater integration of short-term action plans – required to
address alert threshold exceedances – with longer-term action plans, saving resources and
improving the measures taken.
Article 20 requires Member States to demonstrate why a short-term action plan would not be
effective if they decide not to adopt one despite a risk of exceeding the ozone alert threshold.
The article also makes public consultation on short-term action plans mandatory to ensure all
relevant information is taken into account for their design.
Article 21 further clarifies and strengthens the arrangements for cooperation between
Member States to address breaches of air quality standards due to transboundary air pollution,
notably requiring swift exchange of information between Member States and with the
Commission.
Article 22 improves public awareness of air pollution by obliging Member States to establish
an air quality index providing hourly air quality updates for the most harmful air pollutants.
Article 23 stipulates that the Commission will adopt implementing acts on reporting
information about air quality data and management. These implementing acts will be brought
into line with the revised Directive.
EN 15 EN
Article 27 establishes detailed provisions to ensure access to justice for those who want to
challenge the implementation of this Directive, such as when an air quality plan has not been
established despite exceedances of relevant air quality standards.
Article 28 aims to establish an effective right for people to be compensated where damage to
their health has occurred wholly or partially as a result of a violation of rules prescribed on
limit values, air quality plans, short-term action plans or in relation to transboundary
pollution. People affected have the right to claim and obtain compensation for that damage.
This includes the possibility for collective actions.
Article 29 is amended to clarify in more detail how Member States need to establish
effective, proportionate and dissuasive penalties for those who violate the measures adopted
in the Member State to implement this Directive, including dissuasive financial penalties,
without prejudice to Directive 2008/99/EC on the protection of the environment through
criminal law35.
Annex I, in conjunction with Articles 13 and 15, brings together air quality standards for
different pollutants, setting: (a) new limit values for the protection of human health;
(b) updated ozone target values and long-term objectives; (c) new alert thresholds for
particulate matter (PM10 and PM2.5); and (d) average exposure reduction obligations for fine
particulate matter (PM2.5) and nitrogen dioxide (NO2) towards an average exposure
concentration obligation at the level of WHO recommendations.
Annex II sets the assessment thresholds for air quality monitoring and modelling.
Annex III, in conjunction with Article 9, simplifies criteria for determining minimum
numbers of sampling points for fixed measurement, and brings together these criteria for all
air pollutants subject to different air quality standards (limit values, ozone target value,
average exposure reduction obligations, alert thresholds and critical levels).
Annex IV brings together criteria for the location of sampling points for all air pollutants
subject to different air quality standards.
Annex V updates and strengthens the data quality and uncertainty requirements for fixed and
indicative air quality measurements, modelling, and objective estimation to ensure precise
assessment in light of stricter air quality standards proposed and technical advances since the
adoption of the existing Directives.
Annex VI updates rules for the methods that must be used for assessing the concentrations of
different pollutants in ambient air, as well as for assessing the rate at which certain pollutants
enter ecosystems.
Annex VII introduces monitoring of ultrafine particles (UFP) at locations where high
concentrations of UFP are likely, such as at or close to airports, ports, roads, industrial sites or
domestic heating. Together with the information from monitoring UFP background
concentrations at monitoring supersites required by Article 10, this will help to understand the
contribution of different sources to UFP concentrations. Annex VII also updates the list of
volatile organic compounds (VOC) recommended for measurements that aim to improve the
understanding of ozone formation and management.
35
Directive 2008/99/EC of the European Parliament and of the Council of 19 November 2008 on the protection
of the environment through criminal law; OJ L 328, 6.12.2008, p. 28-37. The Commission adopted a
proposal 15/12/2021 to replace Directive 2008/99/EC: COM(2021) 851 final ‘Proposal for a Directive of the
European Parliament and of the Council on the protection of the environment through criminal law and
replacing Directive 2008/99/EC.
EN 16 EN
Annex VIII, in conjunction with Article 19, brings together requirements for air quality plans
that address exceedances of limit values, the ozone target value and average exposure
reduction obligations. Streamlining these requirements will foster synergies between
managing different air pollutants and attaining different air quality standards. Annex VIII also
requires that air quality plans contain a more precise analysis of the expected effects of air
quality measures. This will help make air quality plans more effective.
Annex IX enhances the air quality information to be provided to the public, including
obligatory hourly updates for fixed measurements of key air pollutants, as well as up-to-date
modelling results where those are available.
EN 17 EN
2008/50 (adapted)
2022/0347 (COD)
Proposal for a
DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
on ambient air quality and cleaner air for Europe
(recast)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the functioning of the European Union establishing the
European Community, and in particular Article 192 175 thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee36,
Having regard to the opinion of the Committee of the Regions37,
Acting in accordance with the ordinary legislative procedure,
Whereas:
new
(1) Directive No 2004/107/EC of the European Parliament and of the Council38 and
Directive 2008/50/EC of the European Parliament and of the Council 39 have been
substantially amended. Since further amendments are to be made, those Directives
should be recast in the interest of clarity.
(2) In December 2019, the European Commission set out in its Communication ‘The
European Green Deal’40 an ambitious roadmap to transform the Union into a fair and
prosperous society, with a modern, resource-efficient and competitive economy,
aiming to protect, conserve and enhance the Union’s natural capital, and to protect the
health and well-being of citizens from environment-related risks and impacts.
Specifically on clean air, the European Green Deal committed to further improving air
36
OJ C […], […], p. […].
37
OJ C […], […], p. […].
38
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 air (OJ L 023,
26.1.2005, p. 3).
39
Directive 2008/50/EC of the European Parliament and of the Council of 21 May 2008 on ambient air
quality and cleaner air for Europe (OJ L 152, 11.6.2008, p. 1).
40
Communication from the Commission to the European Parliament, the European Council, the Council,
the European Economic and Social Committee and the Committee of the Regions The European Green
Deal; COM(2019) 640 final.
EN 18 EN
quality and to aligning EU air quality standards more closely with the
recommendations of the World Health Organization (WHO). It also announced a
strengthening of provisions on air quality monitoring, modelling and planning.
(3) In May 2021, the Commission adopted a Communication establishing a ‘Zero
Pollution Action Plan’41 that inter alia addresses pollution aspects of the European
Green Deal and further commits to reducing, by 2030, the health impact of air
pollution by more than 55% and the EU ecosystems where air pollution threatens
biodiversity by 25%.
(4) The Zero Pollution Action Plan also sets out a vision for the year 2050, where air
pollution is reduced to levels no longer considered harmful to health and natural
ecosystems. To this end, a staged approach towards setting current and future EU air
quality standards should be pursued, establishing intermediate air quality standards for
the year 2030 and beyond, and developing a perspective for alignment with the WHO
Air Quality Guidelines by the year 2050 at the latest based on a regular review
mechanism to take into account the latest scientific understanding. Given the links
between pollution reduction and decarbonisation, the long-term objective to achieve
the zero pollution ambition should be pursued hand in hand with reduction of
greenhouse gas emissions as set by Regulation (EU) 2021/1119 of the European
Parliament and of the Council42.
(5) In taking the relevant measures at Union and national level to achieve the zero
pollution objective for air pollution, Member States, the European Parliament, the
Council and the Commission should be guided by the ‘precautionary principle’ and the
‘polluter pays principle’ established in the Treaty on the Functioning of the European
Union, and the ‘do no harm’ principle of the European Green Deal. They should, inter
alia, take into account: the contribution of improved air quality to public health, the
quality of the environment, the well-being of citizens, the prosperity of society,
employment and the competitiveness of the economy; the energy transition,
strengthened energy security and the tackling of energy poverty; food security and
affordability; the development of sustainable and smart mobility and transport
solutions; the impact of behavioural changes; fairness and solidarity across and within
Member States, in light of their economic capability, national circumstances, such as
the specificities of islands, and the need for convergence over time; the need to make
the transition just and socially fair through appropriate education and training
programmes; best available and most recent scientific evidence, in particular the
findings reported by the WHO; the need to integrate air pollution related risks into
investment and planning decisions; cost-effectiveness and technological neutrality in
achieving air pollutant emission reductions; and progression over time in
environmental integrity and level of ambition.
(6) The ‘Eighth General Union Environment Action Programme to 2030’ adopted by
Decision (EU) 2022/591 of the European Parliament and of the Council on 6 April
202243 establishes the objective to achieve a non-toxic environment protecting the
41
Communication from the Commission to the European Parliament, the Council, the European
Economic and Social Committee and the Committee of the Regions, Pathway to a Healthy Planet for
All EU Action Plan: 'Towards Zero Pollution for Air, Water and Soil' COM(2021) 400 final.
42
Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing
the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU)
2018/1999 (‘European Climate Law’) (OJ L 243, 9.7.2021, p. 1–17).
43
Decision (EU) 2022/591 of the European Parliament and of the Council of 6 April 2022 on a General
Union Environment Action Programme to 2030 (OJ L 114, 12.4.2022, p. 22–36).
EN 19 EN
health and well-being of people, animals and ecosystems from environment-related
risks and negative impacts, and, for that purpose, stipulates that further improvement
of monitoring methods, better information to the public and access to justice are
needed. This guides the objectives set in this Directive.
(7) The Commission should regularly review the scientific evidence related to pollutants,
their effects on human health and the environment and technological development.
Based on the review, the Commission should assess whether applicable air quality
standards are still appropriate to achieve the objectives of this Directive. The first
review should be carried out by 31/12/2028 to assess whether air quality standards
need to be updated based on the latest scientific information.
2008/50 recital 5 (adapted)
(8) A common approach to the assessment of ambient air quality should be followed
according to by applying 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.
2008/50 recital 14 (adapted)
new
(9) Fixed measurements should be mandatory in zones and agglomerations where the
long-term objectives for ozone or the assessment thresholds for other pollutants are
exceeded. Information from fixed measurements may be supplemented by modelling
techniques and/or indicative measurements to Modelling applications and
indicative measurements, in addition to information from fixed measurements,
enable point data to be interpreted in terms of geographical distribution of
concentrations. The use of such supplementary techniques of assessment
should also allow for reduction of the required minimum number of fixed sampling
points. in zones where assessment thresholds are not exceeded. In zones where limit
values or target values are exceeded, both fixed measurements and the use of
modelling applications should be mandatory. Additional monitoring of background
concentrations and deposition of pollutants in ambient air should also be carried out to
enable better understanding of pollution levels and dispersion .
2008/50 recital 6 (adapted)
new
(10) Where possible Mmodelling techniques applications should be applied to enable
point data to be interpreted in terms of geographical distribution of concentration ,
to help to detect breaches of air quality standards, and to inform air quality plans and
the placement of sampling points . This could serve as a basis for calculating the
collective exposure of the population living in the area.
In addition to the requirements for air quality monitoring defined in this Directive,
for monitoring purposes, Member States are encouraged to exploit information
products and supplementary tools (e.g. regular evaluation and quality assessment
reports, policy online applications), provided by the Earth Observation component of
EN 20 EN
the EU Space Programme, in particular the Copernicus Atmosphere Monitoring
Service (CAMS).
new
(11) It is important that pollutants of emerging concern, such as ultrafine particles, black
carbon and elemental carbon, as well as ammonia and the oxidative potential of
particulate matter, be monitored in order to support scientific understanding of their
effects on health and the environment, as recommended by the WHO.
2008/50 recital 8 (adapted)
new
(12) Detailed measurements of fine particulate matter at rural 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 United
Nations Economic Commission for Europe (UNECE) Convention on Long-range
Transboundary Air Pollution approved by Council Decision 81/462/EEC of 11 June
198144 and its Protocols, including the Protocol to Abate Acidification,
Eutrophication and Ground-level Ozone of 1999, which was revised in 2012 .
2008/50 recital 7 (adapted)
(13) In order to ensure that the information collected on air pollution is sufficiently
representative and comparable across the Union 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.
2004/107 recital 12
new
(14) Standardised accurate measurement techniques and common criteria for the location of
measuring stations are important elements in assessing ambient air quality so that the
information obtained is comparable throughout the Community. Providing reference
measurement methods is acknowledged to be an important issue. The Commission has
already mandated work on the preparation of CEN standards for the measurement of
polycyclic aromatic hydrocarbons and for the evaluation of the performance of
sensor systems for the determination of concentrations of gaseous pollutants and
particulate matter in ambient air those constituents in ambient air where target
values are defined (arsenic, cadmium, nickel and benzo(a)pyrene) as well as for the
deposition of heavy metals with a view to their early development and adoption. In the
44
Council Decision 81/462/EEC of 11 June 1981 on the conclusion of the Convention on long-range
transboundary air pollution (OJ L 171, 27.6.1981, p. 11).
EN 21 EN
absence of CEN standard methods, the use of international or national standard
reference measurement methods should be permitted.
2008/50 recital 2 (adapted)
new
(15) In order to protect human health and the environment as a whole, it is particularly
important to combat emissions of pollutants at source and to identify and implement
the most effective emission reduction measures at local, national and Union
Community level , in particular when it comes to emissions from agriculture,
industries, transport and energy generation . Therefore, emissions of harmful air
pollutants should be avoided, prevented or reduced and appropriate standards
objectives set for ambient air quality taking into account relevant World Health
Organisation Organization standards, guidelines and programmes.
2004/107 recital 3 (adapted)
new
(16) Scientific evidence shows that sulphur dioxide, nitrogen dioxide and oxides of
nitrogen, particulate matter, lead, benzene, carbon monoxide, arsenic, cadmium,
nickel,and some polycyclic aromatic hydrocarbons and ozone are responsible
for significant negative impacts on human health human genotoxic carcinogens and
that there is no identifiable threshold below which these substances do not pose a risk
to human health. Impact on human health and the environment occurs via
concentrations in ambient air and via deposition. With a view to cost-effectiveness,
ambient air concentrations of arsenic, cadmium, nickel and polycyclic aromatic
hydrocarbons, which would not pose a significant risk to human health, cannot be
achieved in specific areas.
2004/107 recital 11 (adapted)
new
(17) The effects of lead, arsenic, cadmium, mercury, nickel and polycyclic aromatic
hydrocarbons on human health, including via the food chain, and the environment as a
whole, also occur through concentrations in ambient air and via deposition;
the accumulation of these substances in soils and the protection of ground water
should be taken into account. In order to facilitate review of this Directive in 2010, the
Commission and the Member States should consider promoting research into the
effects of arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons on
human health and the environment, particularly via deposition.
new
(18) The average exposure of the population to the pollutants with the highest documented
impact on human health, fine particulate matter (PM2.5) and nitrogen dioxide (NO2),
should be reduced based on WHO recommendations. To this end, an average exposure
reduction obligation should be introduced for these pollutants, in addition to limit
values.
EN 22 EN
2004/107 recital 4
new
(19) The Fitness Check of the Ambient Air Quality Directives (Directives 2004/107/EC
and 2008/50/EC)45 has shown that limit values are more effective in bringing down
pollutant concentrations than target values. With the aim of minimising harmful
effects on human health, paying particular attention to vulnerable groups and
sensitive populations, and the environment as a whole, of airborne arsenic, cadmium
and nickel and polycyclic aromatic hydrocarbons, target limit values should be
set for the concentration of sulphur dioxide, nitrogen dioxide, particulate matter,
lead, benzene, carbon monoxide, arsenic, cadmium, nickel and polycyclic aromatic
hydrocarbons in ambient air , to be attained as far as possible. Benzo(a)pyrene
should be used as a marker for the carcinogenic risk of polycyclic aromatic
hydrocarbons in ambient air.
new
(20) To allow Member States to prepare for revised air quality standards set by this
Directive and to ensure legal continuity, for an interim period limit values should be
identical to those set under the repealed Directives until the new limit values start
applying.
2008/50 recital 13 (adapted)
new
(21) Ozone is a transboundary pollutant formed in the atmosphere from the emission of
primary pollutants addressed by Directive 2016/2284/EUDirective 2001/81/EC of the
European Parliament and of the Council46 of 23 October 2001 on national emission
ceilings for certain atmospheric pollutants47. Progress towards the air quality targets
and long-term objectives for ozone set in this Directive should be determined by the
targets and emission reduction commitments ceilings provided for in Directive
2016/2284/EUDirective 2001/81/EC and, if appropriate, by implementing cost-
effective measures and air quality plans as provided for in this Directive.
2008/50 recital 12 (adapted)
new
(22) The existing ozone target values and long-term objectives of ensuring effective
protection against harmful effects on human health and vegetation and ecosystems
from exposure to ozone should remain unchanged should be updated in light of the
most recent recommendations of the World Health Organization .
(23) An alert threshold for sulphur dioxide, nitrogen dioxide, particulate matter (PM10
and PM2.5) and ozone, and an information threshold for ozone, should be set for the
45
Fitness check of the Ambient Air Quality Directives of 28 November 2019 (SWD(2019) 427 final).
46
Directive (EU) 2016/2284/EU of the European Parliament and of the Council of 14 December 2016 on
the reduction of national emissions of certain atmospheric pollutants, amending Directive 2003/35/EC
and repealing Directive 2001/81/EC (OJ L 344, 17.12.2016, p.1).
47
OJ L 309, 27.11.2001, p. 22. Directive as last amended by Council Directive 2006/105/EC (OJ L 363,
20.12.2006, p. 368).
EN 23 EN
protection of the general population , vulnerable and sensitive sections,
respectively, from brief exposures to elevated ozone concentrations. Those thresholds
should trigger the dissemination of information to the public on the risks of exposure
and the implementation, if appropriate, of short-term measures to reduce ozone
pollution levels where the alert threshold is exceeded.
2004/107 recital 7 (adapted)
(24) In accordance with Article 193 176 of the Treaty, Member States may maintain
or introduce more stringent protective measures relating to arsenic, cadmium,
mercury, nickel and polycyclic aromatic hydrocarbons provided that they are
compatible with the Treaty and that they are notified to the Commission.
2008/50 recital 9
new
(25) Air quality status should be maintained where it is already good, or improved. Where
the standards objectives for ambient air quality laid down in this Directive are
not met at risk of not being met, or have not been met, Member States should
take immediate action in order to comply with the limit values , average
exposure reduction obligations and critical levels, and where possible, to attain the
ozone target values and long-term objectives.
2004/107 recital 9
(26) Mercury is a very hazardous substance for human health and the environment. It is
present throughout the environment and, in the form of methylmercury, has the
capacity to accumulate in organisms, and in particular to concentrate in organisms
higher up the food chain. Mercury released into the atmosphere is capable of being
transported over long distances.
2004/107 recital 10 (adapted)
new
(27) The Commission intends to come forward in 2005 with a coherent strategy containing
measures to Regulation 2017/852 of the European Parliament and the Council48
aims to protect human health and the environment from the release of mercury,
based on a life-cycle approach, and taking into account production, use, waste
treatment and emissions. In this context, the Commission should consider all
appropriate measures with a view to reducing the quantity of mercury in terrestrial and
aquatic ecosystems, and thereby the ingestion of mercury via food, and avoiding
mercury in certain products. Provisions on monitoring mercury in this Directive
complement and inform that Regulation.
48
Regulation (EU) 2017/852 of the European Parliament and of the Council of 17 May 2017 on mercury,
and repealing Regulation (EC) No 1102/2008 (OJ L 137, 24.5.2017, p. 1–21).
EN 24 EN
2008/50 recital 10
new
(28) The risk posed by air pollution to vegetation and natural ecosystems is most important
in places away from urban areas. The assessment of such risks and the compliance
with critical levels for the protection of vegetation should therefore focus on places
away from built-up areas. This assessment should take into account and
complement requirements under Directive 2016/2284/EU to monitor the impacts of air
pollution on terrestrial and aquatic ecosystems, and to report such impacts.
2008/50 recital 15 (adapted)
new
(29) Contributions from natural sources can be assessed but cannot be controlled.
Therefore, where natural contributions to pollutants in ambient air can be determined
with sufficient certainty, and where exceedances are due in whole or in part to these
natural contributions, these may, under the conditions laid down in this Directive, be
subtracted when assessing compliance with air quality limit values and average
exposure reduction obligations . Contributions to exceedances of particulate matter
PM10 limit values attributable to winter-sanding or winter -salting of roads may
also be subtracted when assessing compliance with air quality limit values provided
that reasonable measures have been taken to lower concentrations.
2008/50 recital 16
(30) For zones and agglomerations where conditions are particularly difficult, it should be
possible to postpone the deadline for compliance with the air quality limit values 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 be assessed by the Commission to ensure compliance by the
revised deadline. The availability of necessary Community measures reflecting the
chosen ambition level in the Thematic Strategy on air pollution to reduce emissions at
source will be important for an effective emission reduction by the timeframe
established in this Directive for compliance with the limit values and should be taken
into account when assessing requests to postpone deadlines for compliance.
2008/50 recital 18
new
(31) Air quality plans should be developed and updated for zones and agglomerations
within which concentrations of pollutants in ambient air exceed the relevant air quality
target values or limit values , ozone target values or average exposure reduction
obligations , plus any temporary margins of tolerance, where applicable. Air
pollutants are emitted from many different sources and activities. To ensure coherence
between different policies, such air quality plans should where feasible be consistent,
and integrated with plans and programmes prepared pursuant to Directive 2010/75/EU
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
EN 25 EN
plants4950, Directive (EU) 2016/2284Directive 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 environmental noise5152. Full account will also be
taken of the ambient air quality objectives provided for in this Directive, where
permits are granted for industrial activities pursuant to Directive 2008/1/EC of the
European Parliament and of the Council of 15 January 2008 concerning integrated
pollution prevention and control53.
new
(32) Air quality plans should also be prepared ahead of 2030 where there is a risk that
Member States will not attain the limit values or ozone target value by that date in
order to ensure that levels of pollutants are reduced accordingly.
2008/50 recital 19
new
(33) Action plans should be drawn up indicating the measures to be taken in the short term
where there is a risk of an exceedance of one or more alert thresholds in order to
reduce that risk and to limit its duration. When the risk applies to one or more limit
values or target values, Member States may, where appropriate, draw up such short-
term action plans. 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 air.
2008/50 recital 20
new
(34) Member States should consult cooperate 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 any limit value, ozone target
value, average exposure reduction obligation air quality objectives plus the margin
of tolerance where applicable 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 air quality plans 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.
The Commission should be timely informed of and invited to assist in any such
cooperation.
49
OJ L 309, 27.11.2001, p. 1. Directive as last amended by Directive 2006/105/EC.
50
Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on
industrial emissions (integrated pollution prevention and control) (OJ L 334, 17.12.2010, p. 17).
51
OJ L 189, 18.7.2002, p. 12.
52
Directive 2002/49/EC of the European Parliament and of the Council of 25 June 2002 relating to the
assessment and management of environmental noise (OJ L 189, 18.7.2002, p. 12.)
53
OJ L 24, 29.1.2008, p. 8.
EN 26 EN
2008/50 recital 21
new
(35) 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 as well as air quality plans and short-term
action plans should also be readily available to the public.
2008/50 recital 22
new
(36) Information on the concentrations and the deposition of the regulated pollutants
should be forwarded to the Commission as a basis for regular reports. In order to
facilitate the handling and comparison of air quality information, data should be made
available to the Commission in a standardised form.
2008/50 recital 23
(37) 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 such procedures are compatible with Directive
2007/2/EC of the European Parliament and the Council of 14 March 2007 establishing
an infrastructure for spatial information in the European Community (INSPIRE)54.
2008/50 recital 24
(38) 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 adapting thereto the information to be provided.
new
(39) As clarified by the case-law of the Court of Justice55, Member States may not restrict
legal standing to challenge a decision of a public authority to those members of the
public concerned who participated in the preceding administrative procedure to adopt
that decision. As also clarified by the case-law of the Court of Justice56, effective
access to justice in environmental matters and effective remedies requires inter alia
that members of the public concerned should have the right to ask the court or a
competent independent and impartial body to order interim measures to prevent a
given instance of pollution. Therefore, it should be specified that legal standing should
not be made conditional on the role that the concerned member of the public played
54
Directive 2007/2/EC of the European Parliament and the Council of 14 March 2007 establishing an
infrastructure for spatial information in the European Community (INSPIRE) (OJ L 108, 25.4.2007,
p. 1).
55
Case C–826/18, Judgment of the Court (First Chamber) of 14 January 2021; LB and Others v College
van burgemeester en wethouders van de gemeente Echt-Susteren; paragraphs 58 and 59.
56
Case C-416/10 Judgment of the Court (Grand Chamber), 15 January 2013; Jozef Križan and Others v
Slovenská inšpekcia životného prostredia.Križan, paragraph 109.
EN 27 EN
during a participatory phase of the decision-making procedures under this Directive. In
addition, any review procedure should be fair, equitable, timely and not prohibitively
expensive, and provide for adequate and effective redress mechanisms, including
injunctive relief as appropriate.
2008/50 recital 30
new
(40) 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 the policies of the Union
of a high level of environmental protection and the improvement of the quality of the
environment in accordance with the principle of sustainable development as laid down
in Article 37 of the Charter of Fundamental Rights of the European Union. Where
damage to human health has occurred as a result of a violation of Articles 19, 20, 21 of
this Directive, Member States should ensure that the individuals affected by such
violations are able to claim and obtain compensation for that damage from the relevant
competent authority. The rules on compensation, access to justice and penalties set in
this Directive have the objective to avoid, prevent and reduce harmful effects on
human health and the environment from air pollution, in line with Article 191(1)
TFEU. They thus seeks to integrate into the policies of the Union a high level of
environmental protection and the improvement of the quality of the environment in
accordance with the principle of sustainable development as laid down in Article 37 of
the Charter, and puts into concrete terms the obligation to protect the right to life and
to the integrity of the person laid down in Articles 2 and 3 of the Charter. It also
contributes to the right to an effective remedy before a tribunal as laid down in Article
47 of the Charter, in relation to the protection of human health.
2008/50 recital 28 (adapted)
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.
2008/50 recital 29 (adapted)
In accordance with point 34 of the Interinstitutional Agreement on better
lawmaking57, Member States are encouraged to draw up, for themselves and in the
interest of the Community, their own tables illustrating, as far as possible, the
correlation between the Directive and the transposition measures, and to make them
public.
new
(41) In order to ensure uniform conditions for the implementation of the Member States’
requirements on transmitting information and reporting on air quality under this
Directive, implementing powers should be conferred on the Commission as regards
(i) the establishment of rules relating to information on ambient air quality to be made
57
OJ C 321, 31.12.2003, p. 1.
EN 28 EN
available by Member States to the Commission as well as timescales in which that
information is to be communicated and (ii) to the streamlining of the way data are
reported and the reciprocal exchange of information and data from networks and
individual sampling points measuring ambient air pollution within Member States.
Those powers should be exercised in accordance with Regulation (EU) No 182/2011
of the European Parliament and of the Council58.
(42) In order to ensure that this Directive continues meeting its objectives, in particular to
avoid, prevent and reduce harmful effects from ambient air quality on human health
and the environment, the power to adopt acts in accordance with Article 290 of the
Treaty on the Functioning of the European Union should be delegated to the
Commission in respect of amending the annexes to this Directive to take account of
technical and scientific developments related to air pollutants, their assessment and
management, their impacts on human health and the environment and to appropriate
information of the public. It is of particular importance that the Commission carry out
appropriate consultations during its preparatory work, including at expert level, and
that those consultations be conducted in accordance with the principles laid down in
the Interinstitutional Agreement of 13 April 2016 Better Law Making59. In particular,
to ensure equal participation in the preparation of delegated acts, the European
Parliament and the Council receive all documents at the same time as Member States'
experts, and their experts systematically have access to meetings of Commission
expert groups dealing with the preparation of delegated acts.
(43) The obligation to transpose this Directive into national law should be confined to those
provisions which represent a substantive amendment as compared to the earlier
Directives. The obligation to transpose the provisions which are unchanged arises
under the earlier Directives.
(44) This Directive should be without prejudice to the obligations of the Member States
relating to the time-limits for the transposition into national law of the Directives set
out in Part B of Annex X.
2004/107 recital 1 (adapted)
On the basis of principles enshrined in Article 175(3) of the Treaty, the Sixth Community
Environment Action Programme, adopted by Decision No 1600/2002/EC of the European
Parliament and of the Council60, 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.
2004/107 recital 2 (adapted)
Article 4(1) of Council Directive 96/62/EC of 27 September 1996 on ambient air quality
assessment and management61 requires the Commission to submit proposals for regulating
the pollutants listed in Annex I to that Directive taking into account the provisions laid down
in paragraphs 3 and 4 of that Article.
58
OJ L 55, 28.2.2011, p. 13–18
59
OJ C 321, 31.12.2003, p. 1.
60
OJ L 242, 10.9.2002, p. 1.
61
OJ L 296, 21.11.1996, p. 55. Directive as amended by Regulation (EC) No 1882/2003 of the European
Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).
EN 29 EN
2004/107 recital 5
The target values would not require any measures entailing disproportionate costs. Regarding
industrial installations, they would not involve measures beyond the application of best
available techniques (BAT) as required by Council Directive 96/61/EC of 24 September 1996
concerning integrated pollution prevention and control62 and in particular would not lead to
the closure of installations. However, they would require Member States to take all cost-
effective abatement measures in the relevant sectors.
2004/107 recital 6
In particular, the target values of this Directive are not to be considered as environmental
quality standards as defined in Article 2(7) of Directive 96/61/EC and which, according to
Article 10 of that Directive, require stricter conditions than those achievable by the use of
BAT.
2004/107 recital 8
Where concentrations exceed certain assessment thresholds, monitoring of arsenic, cadmium,
nickel and benzo(a)pyrene should be mandatory. Supplementary means of assessment may
reduce the required number of sampling points for fixed measurements. Further monitoring of
background ambient air concentrations and deposition is foreseen.
2004/107 recital 13
Information on the concentrations and the deposition of the regulated pollutants should be
forwarded to the Commission as a basis for regular reports.
2004/107 recital 14
Up-to-date information on ambient air concentrations and deposition of regulated pollutants
should be readily available to the public.
2004/107 recital 15
The Member States should lay down rules on penalties applicable to infringements of the
provisions of this Directive and ensure that they are implemented. Those penalties should be
effective, proportionate and dissuasive.
2004/107 recital 16
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 Commission63.
62
OJ L 257, 10.10.1996, p. 26. Directive as last amended by Regulation (EC) No 1882/2003.
63
OJ L 184, 17.7.1999, p. 23.
EN 30 EN
2004/107 recital 17
The amendments necessary for adaptation of this Directive to scientific and technical progress
should relate solely to criteria and techniques for the assessment of concentrations and
deposition of regulated pollutants or detailed arrangements for forwarding information to the
Commission. They should not have the effect of modifying the target values either directly or
indirectly,
2008/50 recital 1 (adapted)
The Sixth Community Environment Action Programme adopted by Decision
No 1600/2002/EC of the European Parliament and of the Council of 22 July 200264
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.
2008/50 recital 2
In order to protect human health and the environment as a whole, it is particularly important
to combat emissions of pollutants at source and to identify and implement the most effective
emission reduction measures at local, national and Community level. Therefore, emissions of
harmful air pollutants should be avoided, prevented or reduced and appropriate objectives set
for ambient air quality taking into account relevant World Health Organisation standards,
guidelines and programmes.
2008/50 recital 3 (adapted)
Council Directive 96/62/EC of 27 September 1996 on ambient air quality assessment and
management65, Council Directive 1999/30/EC of 22 April 1999 relating to limit values for
sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter and lead in
ambient air66, 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
air67, Directive 2002/3/EC of the European Parliament and of the Council of 12 February
2002 relating to ozone in ambient air68 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 States69 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 and, where
appropriate, by implementing measures.
64
OJ L 242, 10.9.2002, p. 1.
65
OJ L 296, 21.11.1996, p. 55. Directive as amended by Regulation (EC) No 1882/2003 of the European
Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).
66
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).
67
OJ L 313, 13.12.2000, p. 12.
68
OJ L 67, 9.3.2002, p. 14.
69
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).
EN 31 EN
2008/50 recital 4 (adapted)
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 air70
consideration may be given to the possibility of merging its provisions with those of this
Directive.
2008/50 recital 11
Fine particulate matter (PM2,5) is responsible for significant negative impacts on human
health. Further, there is as yet no identifiable threshold below which PM2,5 would 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 a limit value, which is to be preceded in a first stage by a target value.
2008/50 recital 17
The necessary Community measures to reduce emissions at source, in particular measures to
improve the effectiveness of Community legislation on industrial emissions, to limit the
exhaust emissions of engines installed in heavy duty vehicles, to further reduce the Member
States’ permitted national emissions of key pollutants and the emissions associated with
refuelling of petrol cars at service stations, and to address the sulphur content of fuels
including marine fuels should be duly examined as a priority by all institutions involved.
2008/50 recital 18
Air quality plans should be developed for zones and agglomerations within which
concentrations of pollutants in ambient air exceed the relevant air quality target values or limit
values, plus any temporary margins of tolerance, where applicable. Air pollutants are emitted
from many different sources and activities. To ensure coherence between different policies,
such air quality plans should where feasible 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 plants71, 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 environmental noise72. Full account will also be taken of the ambient air
quality objectives provided for in this Directive, where permits are granted for industrial
activities pursuant to Directive 2008/1/EC of the European Parliament and of the Council of
15 January 2008 concerning integrated pollution prevention and control73.
70
OJ L 23, 26.1.2005, p. 3.
71
OJ L 309, 27.11.2001, p. 1. Directive as last amended by Directive 2006/105/EC.
72
OJ L 189, 18.7.2002, p. 12.
73
OJ L 24, 29.1.2008, p. 8.
EN 32 EN
2008/50 recital 25 (adapted)
Since the objectives of this Directive cannot be sufficiently achieved by the Member States by
reason of the transboundary nature of air pollutants and can therefore 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.
2008/50 recital 26
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.
2008/50 recital 27 (adapted)
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.
2008/50 recital 31
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 Commission74.
2008/50 recital 32
The Commission should be empowered to amend Annexes I to VI, Annexes VIII to X and
Annex XV. Since those measures are of general scope and are designed to amend non-
essential elements of this Directive, they must be adopted in accordance with the regulatory
procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.
2008/50 recital 33 (adapted)
The transposition clause requires Member States to ensure that the necessary urban
background measurements are in place well in time to define the Average Exposure Indicator,
in order to guarantee that the requirements related to the assessment of the National Exposure
Reduction Target and to the calculation of the Average Exposure Indicator are met,
74
OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006,
p. 11).
EN 33 EN
2008/50
HAVE ADOPTED THIS DIRECTIVE:
CHAPTER I
GENERAL PROVISIONS
2004/107
Article 1
Objectives
The objectives of this Directive shall be to:
(a) establish a target value for the concentration of arsenic, cadmium, nickel and
benzo(a)pyrene in ambient air so as to avoid, prevent or reduce harmful effects of
arsenic, cadmium, nickel and polycyclic aromatic hydrocarbons on human health and
the environment as a whole;
(b) ensure, with respect to arsenic, cadmium, nickel and polycyclic aromatic
hydrocarbons, that ambient air quality is maintained where it is good and that it is
improved in other cases;
(c) determine common methods and criteria for the assessment of concentrations
of arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons in
ambient air as well as of the deposition of arsenic, cadmium, mercury, nickel and
polycyclic aromatic hydrocarbons;
(d) ensure that adequate information on concentrations of arsenic, cadmium,
mercury, nickel and polycyclic aromatic hydrocarbons in ambient air as well as on
the deposition of arsenic, cadmium, mercury, nickel and polycyclic aromatic
hydrocarbons is obtained and ensure that it is made available to the public.
new
Article 1
Objectives
1. This Directive sets out a zero pollution objective for air quality, so that within the
Union air quality is progressively improved to levels no longer considered harmful to
human health and natural ecosystems, as defined by scientific evidence, thus
contributing to a toxic-free environment at the latest by 2050.
2. This Directive sets intermediate limit values, target values, average exposure
reduction obligations, average exposure concentration objectives, critical levels,
information thresholds, alert thresholds and long-term objectives (‘air quality
EN 34 EN
standards’) to be met by the year 2030, and regularly reviewed thereafter in
accordance with Article 3.
3. Furthermore, this Directive contributes to achieving: the Union’s pollution-reduction,
biodiversity and ecosystem objectives in accordance with the 8th Environment
Action Programme, as set out in Decision (EU) 2022/591 of the European Parliament
and of the Council75.
2008/50 (adapted)
new
Article 2
Subject matter
This Directive lays down the following measures aimed at the following:
1. measures 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. measures setting common methods and criteria to assess assessing the ambient air
quality in Member States on the basis of common methods and criteria;
3. measures for monitoring obtaining information on ambient air quality, in order to
help combat air pollution and nuisance and to monitor long-term trends and improvements
resulting from impacts of national and Community Union and national
measures on ambient air quality ;
4. measures ensuring that such the information on ambient air quality is made
available to the public;
5. measures maintaining air quality where it is good and improving it in other cases;
6. measures promoting increased cooperation between the Member States in reducing
air pollution.
new
Article 3
Regular review
1. By 31 December 2028, and every 5 years thereafter, and more often if substantial new
scientific findings point to the need for it, the Commission shall review the scientific evidence
related to air pollutants and their effects on human health and the environment relevant to
achieving the objective set in Article 1 and present a report with the main findings to the
European Parliament and to the Council.
2. The review shall assess whether applicable air quality standards are still appropriate to
achieve the objective of avoiding, preventing or reducing harmful effects on human health
and the environment and whether additional air pollutants should be covered.
In order to achieve the objectives set in Article 1, the review shall assess whether this
Directive needs to be revised with a view to ensuring alignment with the World Health
Organization (WHO) Air Quality Guidelines and the latest scientific information.
75
Decision (EU) 2022/591 of the European Parliament and of the Council of 6 April 2022 on a General
Union Environment Action Programme to 2030 (OJ L 114, 12.4.2022, p. 22).
EN 35 EN
For the purposes of the review, the Commission shall take into account, inter alia, the
following:
(a) latest scientific information from WHO and other relevant organisations,
(b) technological developments impacting air quality and its assessment,
(c) air quality situations and associated impacts on human health and the environment in
Member States,
(d) progress made in implementing national and Union reduction measures for pollutants
and improving air quality.
3. The European Environment Agency shall assist the Commission in carrying out the
review.
4. Where the Commission considers it appropriate, as a result of the review, it shall
present a proposal to revise air quality standards or to cover other air pollutants.
2008/50 (adapted)
new
Article 42
Definitions
For the purposes of this Directive , the following definitions apply :
(1) ‘ambient air’ shall mean means outdoor air in the troposphere,
excluding workplaces as defined by in Article 2 of Council Directive
89/654/EEC76 where provisions concerning health and safety at work apply and
to which members of the public do not have regular access;
(2) ‘pollutant’ shall mean means 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 means the concentration of a pollutant in ambient air
or the deposition thereof on surfaces in a given time;
2004/107 (adapted)
Article 2
Definitions
For the purposes of this Directive the definitions in Article 2 of Directive 96/62/EC, with the
exception of the definition of ‘target value’, shall apply.
The objectives of this Directive shall be to:
76
Council Directive 89/654/EEC of 30 November 1989 concerning the minimum safety and health
requirements for the workplace (first individual directive within the meaning of Article 16 (1) of
Directive 89/391/EEC) (OJ L 393, 30.12.1989, p. 1). Directive as amended by Directive 2007/30/EC of
the European Parliament and of the Council (OJ L 165, 27.6.2007, p. 21).
EN 36 EN
(a)‘target value’ means a concentration in the ambient air 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;
(4) (b) ‘total or bulk deposition’ means the total mass of pollutants which is
transferred from the atmosphere to surfaces , such as (e.g. soil,
vegetation, water, buildings, etc.) in a given area within a given time;
2008/50 (adapted)
(5) 18.‘PM10’ shall mean means particulate matter which passes through a
size-selective inlet as defined in the reference method for the sampling and
measurement of PM10, EN 12341, with a 50 % efficiency cut-off at 10 μm
aerodynamic diameter;
(6) 19.‘PM2.5’ shall mean means particulate matter which passes through a
size-selective inlet as defined in the reference method for the sampling and
measurement of PM2.5, EN 14907, with a 50 % efficiency cut-off at 2,5 μm
aerodynamic diameter;
(7) 24.‘oxides of nitrogen’ shall mean means 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);
2004/107 (adapted)
(c)‘upper assessment threshold’ means a level specified in Annex II below which a
combination of measurements and modelling techniques may be used to assess
ambient air quality, in accordance with Article 6(3) of Directive 96/62/EC;
(d)‘lower assessment threshold’ means a level specified in Annex II below which the
sole use of modelling or objective estimation techniques shall be possible to assess
ambient air quality, in accordance with Article 6(4) of Directive 96/62/EC;
(e)‘fixed measurements’ means measurements taken at fixed sites either
continuously or by random sampling, in accordance with Article 6(5) of Directive
96/62/EC;
(8) (f)‘arsenic’, ‘cadmium’, ‘nickel’ and ‘benzo(a)pyrene’ mean the total content
of these elements and compounds in the PM10 fraction;
(g) ‘PM10’ means 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;
(9) (h)‘polycyclic aromatic hydrocarbons’ means those organic compounds,
composed of at least two fused aromatic rings made entirely from carbon and
hydrogen;
(10) (i)‘total gaseous mercury’ means elemental mercury vapour (Hg0) and reactive
gaseous mercury, i.e. water-soluble mercury species with sufficiently high
vapour pressure to exist in the gas phase;.
EN 37 EN
2008/50 (adapted)
(11) 27.‘volatile organic compounds’ (VOC) shall mean means 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;
(12) 28.‘ozone precursor substances’ means substances which contribute to the
formation of ground-level ozone;, some of which are listed in Annex X.
new
(13) “black carbon” (BC) means equivalent black carbon (eBC) derived from
optical methods.
(14) “ultrafine particles” (UFP) means the particle number concentrations in cm³ for
a size range with a lower limit of ≤ 10 nm and for a size range with no
restriction on the upper limit.
2008/50 (adapted)
new
(15) 16.‘zone’ shall mean means part of the territory of a Member State, as
delimited by that Member State for the purposes of air quality assessment and
management;
(16) 17.‘agglomeration’ shall mean means 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 fewer , with a given population density per
km2 to be established by the Member States;
(17) 4.‘assessment’ shall mean means any method used to measure,
calculate, predict or estimate levels;
(18) 12.‘upper assessment threshold’ shall mean means a the level
below which a combination of fixed measurements and modelling techniques
and/or indicative measurements may that determines the required
assessment regime to 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;
(19) 25.‘fixed measurements’ shall mean means measurements taken at
sampling points fixed sites, either continuously or by random sampling,
at constant locations for at least 1 calendar year to determine the levels in
accordance with the relevant data quality objectives;
(20) 26.‘indicative measurements’ shall mean means measurements which
meet data quality objectives that are less strict than those required for fixed
measurements;
EN 38 EN
new
(21) ‘objective estimation’ means an assessment method to obtain quantitative or
qualitative information on the concentration or deposition level of a pollutant
through expert judgement, which may include use of statistical tools, remote
sensing, and in-situ sensors;
(22) ‘spatial representativeness’ means an assessment approach whereby the air
quality metrics observed at a sampling point are representative for an explicitly
delineated geographical area to the extent that air quality metrics within that
area do not differ from the metrics observed at the sampling point by more than
a pre-defined tolerance level;
2008/50 (adapted)
(23) 23. ‘urban background locations’ shall mean means places in urban
areas where levels are representative of the exposure of the general urban
population;
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(24) ‘rural background locations’ means places in rural areas with low population
density where levels are representative of the exposure of the general rural
population;
(25) ‘monitoring supersite’ means a monitoring station at an urban background or
rural background location that combines multiple sampling points to gather
long-term data on several pollutants;
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(26) 5.‘limit value’ shall mean means a level which is not to be exceeded
and which is fixed on the basis of scientific knowledge, with the aim of
avoiding, preventing or reducing harmful effects on human health and/or the
environment as a whole, to be attained within a given period and not to be
exceeded once attained;
(27) 9.‘ ozone target value’ shall mean means a level fixed on the
basis of scientific knowledge, with the aim of avoiding, preventing or
reducing harmful effects from ozone on human health and/or the
environment as a whole, to be complied with attained where possible
over a given period;
(28) 20.‘average exposure indicator’ shall mean means an average level
determined on the basis of measurements at urban background locations
throughout the territory of a Member State territorial unit at NUTS 1 level as
described in Regulation (EC) No 1059/2003, or, if there is no urban area
located in that territorial unit, at rural background locations, and which
reflects population exposure. It is, used to calculate check whether the
national average exposure reduction obligation target and the
EN 39 EN
average exposure concentration obligation objective for that territorial
unit have been met ;
(29) 22.‘national average exposure reduction obligation target’ shall
mean means a percentage reduction of the average exposure of the
population , expressed as average exposure indicator, of a territorial
unit at NUTS 1 level as described in Regulation (EC) No 1059/2003 of the
European Parliament and of the Council77 Member State set for the reference
year with the aim of reducing harmful effects on human health, to be attained
where possible over a given period;
(30) 21.‘ average exposure concentration objective obligation’ shall
mean means a level fixed on the basis of the average exposure indicator
to be attained, with the aim of reducing harmful effects on human
health, to be attained over a given period;
(31) 6.‘critical level’ shall mean means 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;
(32) 11.‘information threshold’ shall mean means a level beyond which
there is a risk to human health from brief exposure for particularly sensitive
sections of the population and vulnerable groups and for which
immediate and appropriate information is necessary;
(33) 10.‘alert threshold’ shall mean means a level beyond which there is a
risk to human health from brief exposure for the population as a whole and at
which immediate steps are to be taken by the Member States;
7. ‘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;
(34) 14.‘long-term objective’ shall mean means 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;
(35) 15.‘contributions from natural sources’ shall mean means emissions of
pollutants not caused directly or indirectly by human activities, including
natural events such as volcanic eruptions, seismic activities, geothermal
activities, wild-land fires, high-wind events, sea sprays or the atmospheric re-
suspension or transport of natural particles from dry regions;
(36) 8.‘air quality plans’ shall mean means plans that set out measures in
order to attain the comply with limit values, or ozone target
values or average exposure reduction obligations ;
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(37) ‘short-term action plans’ means plans that set out emergency measures to be
taken in the short term to reduce the immediate risk or the duration of the
exceedance of the alert thresholds;
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Regulation (EC) No 1059/2003 of the European Parliament and of the Council of 26 May 2003 on the
establishment of a common classification of territorial units for statistics (NUTS) (OJ L 154, 21.6.2003,
p. 1).
EN 40 EN
(38) ‘the public concerned’ means the public affected or likely to be affected by
exceedances of air quality standards, or having an interest in, the decision-
making procedures related to the implementation of the obligations under this
Directive, including non-governmental organisations promoting the protection
of human health or the environment and meeting any requirements under
national law;
(39) ‘sensitive population and vulnerable groups’ means those population groups
that are more vulnerable to air pollution exposure than the average population,
because they have a higher sensitivity or a lower threshold for health effects or
have a reduced ability to protect themselves.
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Article 53
Responsibilities
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 the accuracy of measurements;
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(d) ensuring the accuracy of modelling applications;
2008/50 (adapted)
(ed) analysis of assessment methods;
(fe) coordination on their territory if Community-wide Union-wide quality
assurance programmes are being organised by the Commission;
(gf) cooperation with the other Member States and the Commission;.
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(h) establishment of air quality plans;
(i) establishment of short-term action plans.
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Where relevant, the competent authorities and bodies shall comply with Section C Points E
and F of Annex VI.
EN 41 EN
Article 64
Establishment of zones and agglomerations
Member States shall establish zones and agglomerations throughout their territory ,
including, where appropriate for the purposes of air quality assessment and management, at
the level of agglomerations . Air quality assessment and air quality management shall be
carried out in all zones and agglomerations.
CHAPTER II
ASSESSMENT OF AMBIENT AIR QUALITY AND DEPOSITION
RATES
SECTION 1
Assessment of ambient air quality in relation to sulphur dioxide, nitrogen dioxide and
oxides of nitrogen, particulate matter, lead, benzene and carbon monoxide
Article 7 5
Assessment regime
1. The upper and lower assessment thresholds specified in Section A of Annex II shall
apply to sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter (PM10
and PM2.5), lead, benzene, and carbon monoxide , arsenic, cadmium, nickel,
benzo(a)pyrene and ozone in ambient air .
Each zone and agglomeration shall be classified in relation to those assessment thresholds.
2. Member States shall review tThe classification referred to in paragraph 1 shall
be reviewed at least every 5 five years in accordance with the procedure laid down in
this paragraph Section B of Annex II. However, classifications shall be reviewed
more frequently in the event of significant changes in activities emitting air pollutants and
modifying the result to the ambient concentrations of sulphur dioxide, nitrogen dioxide
and or, where relevant, oxides of nitrogen, particulate matter (PM10 and PM2.5), lead,
benzene, or carbon monoxide , arsenic, cadmium, nickel, benzo(a)pyrene or ozone .
B. Determination of exceedances of upper and lower assessment thresholds
Exceedances of upper and lower the assessment thresholds shall be determined on the
basis of concentrations during the previous 5 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 3 three separate years out of those previous 5 five
years.
Where fewer data are available for less than 5 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 42 EN
Article 86
Assessment criteria
1. Member States shall assess ambient air quality with respect to the pollutants referred
to in Article 75 in all their zones and agglomerations, in accordance with the criteria laid
down in paragraphs 2, 3, and 4 to 6 of this Article and in accordance with the criteria
laid down in Annex IVIII.
2. In all zones and agglomerations where the level of pollutants 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 applications and/or indicative measurements
to assess air quality and to provide adequate information on the spatial distribution of
the ambient air pollutants quality and on the spatial representativeness of fixed
measurements .
3. In all zones and agglomerations where the level of pollutants referred to in
paragraph 1 is below the upper assessment threshold exceeds a limit value established
for those pollutants in Table 1 of Section 1 of Annex I or an ozone target value established
in Section 2 of Annex I , a combination of fixed measurements and modelling techniques
applications and/or indicative measurements may shall be used in addition to
fixed measurements to assess the ambient air quality.
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Those modelling applications shall also provide information on the spatial distribution of
pollutants and on the spatial representativeness of fixed measurements.
2008/50 (adapted)
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4. In all zones and agglomerations where the level of pollutants referred to in
paragraph 1 is below the lower assessment threshold established for those pollutants,
modelling techniques applications, indicative measurements, or objective-estimation
techniques, or a combination thereof both shall be sufficient for the assessment of the
ambient air quality.
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5. If modelling shows an exceedance of any limit value or ozone target value in an area of the
zone not covered by fixed measurements, additional fixed or indicative measurements shall be
used during at least 1 calendar year after the exceedance was recorded, to assess the
concentration level of the relevant pollutant.
2004/107
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Article 4
Assessment of ambient air concentrations and deposition rates
EN 43 EN
1. Ambient air quality with respect to arsenic, cadmium, nickel and benzo(a)pyrene shall
be assessed throughout the territory of the Member States.
2. In accordance with the criteria referred to in paragraph 7, measurement is mandatory
in the following zones:
(a) zones and agglomerations in which levels are between the upper and the lower
assessment threshold, and
(b) other zones and agglomerations where levels exceed the upper assessment
threshold.
The measurements provided for may be supplemented by modelling techniques to provide an
adequate level of information on ambient air quality.
3. A combination of measurements, including indicative measurements as referred to in
Annex IV, Section I, and modelling techniques may be used to assess ambient air quality in
zones and agglomerations where the levels over a representative period are between the upper
and lower assessment thresholds, to be determined pursuant to Annex II, Section II.
4. In zones and agglomerations where the levels are below the lower assessment
threshold, to be determined pursuant to Annex II, Section II, the sole use of modelling or
objective estimation techniques for assessing levels shall be possible.
5. Where pollutants have to be measured, the measurements shall be taken at fixed sites
either continuously or by random sampling. The number of measurements shall be sufficient
to enable the levels to be determined.
6. The upper and lower assessment thresholds for arsenic, cadmium, nickel and
benzo(a)pyrene in ambient air shall be those laid down in Section I of Annex II. The
classification of each zone or agglomeration for the purposes of this Article shall be reviewed
at least every five years in accordance with the procedure laid down in Section II of Annex II.
Classification shall be reviewed earlier in the event of significant change in activities relevant
to concentrations of arsenic, cadmium, nickel and benzo(a)pyrene, in ambient air.
7. The criteria for determining the location of sampling points for the measurement of
arsenic, cadmium, nickel and benzo(a)pyrene in ambient air in order to assess compliance
with the target values shall be those listed in Sections I and II of Annex III. The minimum
number of sampling points for fixed measurements of concentrations of each pollutant shall
be as laid down in Section IV of Annex III, and they shall be installed in each zone or
agglomeration within which measurement is required if fixed measurement is the sole source
of data on concentrations within it.
68. To assess the contribution of benzo(a)pyrene in ambient air, each Member State shall
monitor other relevant polycyclic aromatic hydrocarbons at a limited number of measurement
sites sampling points . These compounds shall include at least: benzo(a)anthracene,
benzo(b)fluoranthene, benzo(j)fluoranthene, benzo(k)fluoranthene, indeno(1,2,3-cd)pyrene,
and dibenz(a,h)anthracene. Monitoring sites Sampling points for these polycyclic
aromatic hydrocarbons shall be co-located with sampling points sites for
benzo(a)pyrene and shall be selected in such a way that geographical variation and long-term
trends can be identified. Sections I, II and III of Annex III shall apply.
EN 44 EN
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7. In addition to monitoring required under Article 10, Member States shall, where applicable,
monitor ultrafine particles levels in accordance with Point D of Annex III and Section 3 of
Annex VII.
2008/50
5. In addition to the assessments referred to in paragraphs 2, 3 and 4, measurements shall
be made, at rural background locations away from significant sources of air pollution, for the
purposes of providing, as a minimum, information on the total mass concentration and the
chemical speciation concentrations of fine particulate matter (PM2,5) on an annual average
basis and shall be conducted using the following criteria:
(a) one sampling point shall be installed every 100000 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 coordinated 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) Sections A and C of Annex I shall apply in relation to the data quality
objectives for mass concentration measurements of particulate matter and Annex IV
shall apply in its entirety.
Member States shall inform the Commission of the measurement methods used in the
measurement of the chemical composition of fine particulate matter (PM2,5).
219/2009 Art. 1 and Annex
.3(8) (adapted)
9. Irrespective of concentration levels, one background sampling point shall be installed every
100000 km2 for the indicative measurement, in ambient air, of arsenic, cadmium, nickel, total
gaseous mercury, benzo(a)pyrene and the other polycyclic aromatic hydrocarbons referred to
in paragraph 8, and of the total deposition of arsenic, cadmium, mercury, nickel,
benzo(a)pyrene and the other polycyclic aromatic hydrocarbons referred to in paragraph 8.
Each Member State shall set up at least one measuring station. However, Member States may,
by agreement, and in accordance with guidelines to be drawn up under the regulatory
procedure referred to in Article 6(2), set up one or several common measuring stations,
covering neighbouring zones in adjoining Member States, to achieve the necessary spatial
resolution. Measurement of particulate and gaseous divalent mercury is also recommended.
Where appropriate, monitoring shall be coordinated with the European Monitoring and
Evaluation of Pollutants (EMEP) monitoring strategy and measurement programme. The
sampling sites for these pollutants shall be selected in such a way that geographical variation
and long-term trends can be identified. Sections I, II and III of Annex III shall apply.
EN 45 EN
2004/107
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8.10. The use of bio indicators may shall be considered where regional patterns of the
impact on ecosystems are to be assessed , including in accordance with the monitoring
undertaken under Directive (EU) 2016/2284 .
11. For zones and agglomerations within which information from fixed measurement
stations is supplemented by information from other sources, such as emission inventories,
indicative measurement methods and air quality modelling, the number of fixed measuring
stations to be installed and the spatial resolution of other techniques shall be sufficient for the
concentrations of air pollutants to be established in accordance with Section I of Annex III
and Section I of Annex IV.
12. Data quality objectives are laid down in Section I of Annex IV. Where air quality
models are used for assessment, Section II of Annex IV shall apply.
13. The reference methods for the sampling and analysis of arsenic, cadmium, mercury,
nickel and polycyclic aromatic hydrocarbons in ambient air shall be as laid down in Sections
I, II and III of Annex V. Section IV of Annex V sets out reference techniques for measuring
the total deposition of arsenic, cadmium, mercury, nickel and the polycyclic aromatic
hydrocarbons and Section V of Annex V refers to reference air quality modelling techniques
when such techniques are available.
14. The date by which Member States shall inform the Commission of the methods used
for the preliminary assessment of air quality under Article 11(1)(d) of Directive 96/62/EC
shall be the date referred to in Article 10 of this Directive.
219/2009 Art. 1 and Annex
.3(8)
15. Any amendments necessary to adapt the provisions of this Article and of Section II of
Annex II and of Annexes III, IV and V to scientific and technical progress shall be adopted by
the Commission. Those measures, designed to amend non-essential elements of this Directive,
shall be adopted in accordance with the regulatory procedure with scrutiny referred to in
Article 6(3). They may not result in any direct or indirect changes to target values.
2008/50 (adapted)
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Article 97
Sampling points
1. The location of sampling points for the measurement of sulphur dioxide, nitrogen
dioxide and oxides of nitrogen, particulate matter (PM10 and PM2.5), lead, benzene, and
carbon monoxide , arsenic, cadmium, nickel, benzo(a)pyrene in ambient air shall be
determined in accordance with using the criteria listed in Annex IVIII.
The location of sampling points for the measurement of ozone shall be determined in
accordance with Annex IV.
EN 46 EN
2. In each zone or agglomeration where the level of pollutants exceeds the assessment
threshold specified in Annex II, 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 Tables 3 and 4 of
Points A and Point C, of Annex IIIV .
3. For zones and agglomerations where the level of pollutants exceeds the relevant
assessment threshold specified in Annex II, but not the respective limit values specified in
Table 1 of Section 1 of Annex I, ozone target values specified in Section 2 of Annex I or
critical levels specified in Section 3 of Annex I within which information from fixed
measurement sampling points is supplemented by information from modelling and/or
indicative measurement, the total minimum number of sampling points specified in
Section A of Annex V may be reduced by up to 50 %, in accordance with Points A and C
of Annex III provided that the following conditions are met:
(a) the supplementary methods indicative measurements and modelling
provide sufficient information for the assessment of air quality with regard to limit
values , ozone target values, critical levels, information thresholds and or alert
thresholds, as well as adequate information for the public , in addition to the one
provided by the fixed sampling points ;
(b) the number of sampling points to be installed and the spatial resolution of other
indicative measurements and modelling techniques are sufficient for the
concentration of the relevant pollutant to be established in accordance with the data
quality objectives specified in Section Points A and B of Annex VI and enable
assessment results to meet the criteria requirements specified in Point DB of
Annex V; I
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(c) the number of indicative measurements is the same as the number of fixed
measurements that are being replaced and the indicative measurements have a
minimum duration of 2 months per calendar year;
(d) for ozone, nitrogen dioxide is measured at all remaining sampling points
measuring ozone except at rural background locations for ozone assessment as
referred to in Point B of Annex IV.
4. One or more sampling points adapted to the monitoring objective specified in Section 2,
Point A of Annex VII, shall be installed in a Member State’s territory to supply data on
concentrations of the ozone precursor substances listed in Point B of that Section at locations
determined in accordance with Point C of that Section.
2008/50 (adapted)
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5.4. Each Member State shall, in accordance with Annex IVIII, ensure that the distribution
and the number of sampling points on which used for the calculation of the average
exposure indicator indicators for PM2.5 and NO2, is based reflect the general
population exposure adequately. The number of sampling points shall be no less than that
determined by application of PointSection B, of Annex IIIV.
EN 47 EN
6. The results of modelling applications and/or indicative measurement
measurements shall be taken into account for the assessment of air quality with respect
to the limit values and ozone target values .
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7. Sampling points at which exceedances of any limit value specified in Section 1 of
Annex I were recorded within the previous 3 years shall not be relocated, unless a
relocation is necessary due to special circumstances, including spatial development.
Relocation of sampling points shall be done within their area of spatial
representativeness and be based on modelling results.
2008/50
4. The application in Member States of the criteria for selecting sampling points shall be
monitored by the Commission so as to facilitate the harmonised application of those criteria
throughout the European Union.
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Article 10
Monitoring supersites
1. Each Member State shall establish at least one monitoring supersite per 10 million
inhabitants at an urban background location. Member States that have fewer than 10 million
inhabitants shall establish at least one monitoring supersite at an urban background location.
Each Member State shall establish at least one monitoring supersite per 100 000 km2 at a rural
background location. Member States whose territory is less than 100 000 km2 shall establish
at least one monitoring supersite at a rural background location.
2. The siting of monitoring supersites shall be determined for urban background
locations and rural background locations in accordance with Point B of Annex IV.
3. All sampling points that fulfil the requirements laid down in Point B and C of Annex
IV and which are installed at monitoring supersites may be taken into account for the purpose
of meeting the requirements on the minimum number of sampling points for the relevant
pollutants as specified in Annex III.
4. A Member State may set up in agreement with one or more neighbouring Member
States to establish one or more joint monitoring supersites to meet the requirements set out in
paragraph 1. This does not affect the obligation of each Member State to establish at least 1
monitoring supersite at an urban background location and 1 monitoring supersite at a rural
background location.
5. Measurements at all monitoring supersites at urban background locations shall include
fixed or indicative measurements of size distribution of ultrafine particles and particulate
matter oxidative potential.
6. Measurements at all monitoring supersites at urban background locations and rural
background locations shall include at least the following:
EN 48 EN
(a) fixed measurements of particulate matter (PM10 and PM2.5), nitrogen dioxide (NO2),
ozone (O3), black carbon (BC), ammonia (NH3) and ultrafine particles (UFP).
(b) fixed or indicative measurements of fine particulate matter (PM2.5) for the purposes of
providing, as a minimum, information on their total mass concentration and their
chemical speciation concentrations on an annual average basis in accordance with
Section 1 of Annex VII;
(c) fixed or indicative measurements of arsenic, cadmium, nickel, total gaseous mercury,
benzo(a)pyrene and the other polycyclic aromatic hydrocarbons referred to in Article
8(6), and of the total deposition of arsenic, cadmium, mercury, nickel,
benzo(a)pyrene and the other polycyclic aromatic hydrocarbons referred to in Article
8(6), irrespective of concentration levels.
7. Measurements of particulate and gaseous divalent mercury may also be undertaken at
monitoring supersites at urban background locations and rural background locations.
2008/50 (adapted)
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8.(c) Where appropriate, monitoring shall be coordinated 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) , the Aerosol, Clouds
and Trace Gases Research Infrastructure (ACTRIS), and the monitoring of air pollution
impacts undertaken under Directive (EU) 2016/2284 .
Article11 8
Reference measurement methods and data quality objectives
1. Member States shall apply the reference measurement methods and criteria specified
in Section A and Section C Points A and C of Annex VI.
2. However, oOther measurement methods may be used subject to the
conditions set out in PointsSection B, C, D and E, of Annex VI.
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2. Air quality data shall meet the data quality objectives laid down in Annex V.
2008/50 (adapted)
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SECTION 2
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 C of Annex VII during any of the previous five years of
measurement, fixed measurements shall be taken.
EN 49 EN
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 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
Sampling points
1. The siting of sampling points for the measurement of ozone shall be determined using
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.
3. 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 50000 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 as referred to in Section A of Annex VIII.
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.
5. In zones and agglomerations where, during each of the previous five years of
measurement, concentrations are below the long-term objectives, the number of sampling
points for fixed measurements shall be determined in accordance with Section B of Annex IX.
6. 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.
EN 50 EN
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 levels are lower than the limit values , ozone target value and
average exposure concentration objectives, but above the assessment thresholds
1. In zones and agglomerations where the levels of sulphur dioxide, nitrogen dioxide,
particulate matter ( PM10 and PM2.5), lead, benzene, and carbon monoxide , arsenic,
cadmium, nickel and benzo(a)pyrene in ambient air are below the respective limit values
specified in Section 1 of Annex I Annexes XI and XIV, Member States shall maintain the
levels of those pollutants below the limit values and shall endeavour to preserve the best
ambient air quality, compatible with sustainable development.
Article 18
Requirements in zones and agglomerations where ozone concentrations meet the long-
term objectives
2. In zones and agglomerations in which ozone levels are below the ozone target value
meet the long-term objectives, Member States shall take necessary measures to maintain
those levels below the ozone target value and endeavour to attain the long-term
objectives specified in Section 2 of Annex I , in so far as factors including the
transboundary nature of ozone pollution and meteorological conditions so permit,
and provided that any necessary measures do not entail a disproportionate cost. maintain
those levels below the long-term objectives.
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3. In territorial units at NUTS 1 level as described in Regulation (EC) No 1059/2003 where
the average exposure indicators for PM2.5 and NO2 are below the respective value of the
average exposure concentration objectives for those pollutants as laid down in Section 5 of
Annex I, Member States shall maintain the levels of those pollutants below the average
exposure concentration objectives.
2008/50 (adapted)
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4. and Member States shall endeavour to achieve and preserve through
proportionate measures the best ambient air quality compatible with sustainable development
and a high level of environmental and human health protection , in line with the air quality
guidelines published by the WHO and below the assessment thresholds laid down in Annex
II .
EN 51 EN
Article 13
Limit values, ozone target values and average exposure reduction
obligation lert thresholds for the protection of human health
1. Member States shall ensure that, throughout their zones and agglomerations, levels of
sulphur dioxide, nitrogen dioxide, particulate matter ( PM10, and PM2.5), lead,
benzene, and carbon monoxide , arsenic, cadmium, nickel and benzo(a)pyrene in
ambient air, do not exceed the limit values laid down in Section 1 of Annex IXI.
In respect of nitrogen dioxide and benzene, the limit values specified in Annex XI may not be
exceeded from the dates specified therein.
Article 17
Requirements in zones and agglomerations where ozone concentrations exceed the
target values and long-term objectives
2.1.. For ozone, Member States shall ensure, by taking take all necessary
measures not entailing disproportionate costs, to ensure that throughout the zone levels do
not exceed the ozone target values and long-term objectives are attained , as laid
down in Section 2, Point B, of Annex I .
Article 15
National PM2,5 exposure reduction target for the protection of human health
31. Member States shall ensure that take all necessary measures not entailing
disproportionate costs to reduce exposure to PM2,5 with a view to attaining the national
average exposure reduction target obligations for PM2.5 and NO2 laid down in
Section 5, Point B, of Annex I, Section B of Annex XIV are met throughout their
territorial units at NUTS 1 level, where they exceed the average exposure concentration
objectives set out in Section 5, Point C, of Annex I. by the year specified therein.
4. Compliance with these requirements paragraphs 1, 2 and 3 shall be assessed in
accordance with Annex IV Annex III.
5. The average exposure indicator indicators for PM2,5 shall be assessed in accordance
with Section 5, Point A, of Annex IXIV.
6. The deadline for attaining the limit values margins of tolerancelaid down in Table 1
of Section 1 of Annex IXI shall apply may be postponed in accordance with
Article 18(3) and Article 23(1).
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7. Member States that introduce more stringent air quality standards, in accordance with
Article 193 TFEU, shall notify them to the Commission within 3 months after their adoption.
Such notification shall be accompanied by an explanation on the process of how those air
quality standards have been established and the scientific information used.
EN 52 EN
2008/50 (adapted)
Article 14
Critical levels for the protection of vegetation and natural ecosystems
1. Member States shall ensure compliance with the critical levels specified in Section 3 of
Annex IXIII as assessed in accordance with SectionPoint A, of Annex IVIII.
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, 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.
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Article 3
Target values
1. Member States shall take all necessary measures not entailing disproportionate costs
to ensure that, as from 31 December 2012, concentrations of arsenic, cadmium, nickel and
benzo(a)pyrene, used as a marker for the carcinogenic risk of polycyclic aromatic
hydrocarbons, in ambient air, as assessed in accordance with Article 4, do not exceed the
target values laid down in Annex I.
2. Member States shall draw up a list of zones and agglomerations in which the levels of
arsenic, cadmium, nickel, and benzo(a)pyrene are below the respective target values. Member
States shall maintain the levels of these pollutants in these zones and agglomerations below
the respective target values and shall endeavour to preserve the best ambient air quality,
compatible with sustainable development.
3. Member States shall draw up a list of the zones and agglomerations where the target
values laid down in Annex I are exceeded.
For such zones and agglomerations, Member States shall specify the areas of exceedance and
the sources contributing thereto. In the areas concerned, Member States shall demonstrate the
application of all necessary measures not entailing disproportionate costs, directed in
particular at the predominant emission sources, in order to attain the target values. In the case
of industrial installations covered by Directive 96/61/EC this means the application of BAT as
defined by Article 2(11) of that Directive.
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Article 16
PM2,5 target value and limit value for the protection of human health
EN 53 EN
1. Member States shall take all necessary measures not entailing disproportionate costs
to ensure that concentrations of PM2,5 in ambient air do not exceed the target value laid down
in Section D of Annex XIV as from the date specified therein.
2. Member States shall ensure that concentrations of PM2,5 in ambient air do not exceed
the limit value laid down in Section E of Annex XIV throughout their zones and
agglomerations as from the date specified therein. Compliance with this requirement shall be
assessed in accordance with Annex III.
3. The margin of tolerance laid down in Section E of Annex XIV shall apply in
accordance with Article 23(1).
Article 1519
Measures required in the event of information or Exceedances of alert or
information thresholds being exceeded
12. The alert thresholds for concentrations of sulphur dioxide, and nitrogen dioxide , and
particulate matter (PM10 and PM2.5) in ambient air shall be those laid down in Section 4,
Point A of Annex IXII.
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2. The alert threshold and information threshold for ozone shall be that laid down in Section
4, Point B, of Annex I.
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3. Where the information threshold specified in Annex XII or any of the alert thresholds
threshold or any information threshold laid down in Section 4 of Annex I
therein is exceeded, Member States shall take the necessary steps to inform the public
within a few hours at the latest, making use of different media and communication channels
and ensuring broad public access means of radio, television, newspapers or the Internet.
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4. Member States shall ensure that information about actual or predicted exceedances of any
alert threshold or information threshold is provided to the public as soon as possible in
accordance with, points 2 and 3 of Annex IX.
2008/50 (adapted)
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Article 1620
Contributions from natural sources
1. Member States may shall transmit to the Commission, for a given year, lists of
identify :
(a)- zones and agglomerations where exceedances of limit values for a given
pollutant are attributable to natural sources; and
EN 54 EN
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(b) NUTS 1 territorial units where exceedances of the level determined by the
average exposure reduction obligations are attributable to natural sources.
2008/50 (adapted)
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2. Member States shall provide the Commission with lists of any such zones and NUTS 1
territorial units, as referred to in paragraph 1, together with information on concentrations
and sources and the evidence demonstrating that the exceedances are attributable to natural
sources.
32. Where the Commission has been informed of an exceedance attributable to natural
sources in accordance with paragraph 21, that exceedance shall not be considered as an
exceedance for the purposes of this Directive.
3. The Commission shall by 11 June 2010 publish guidelines for demonstration and
subtraction of exceedances attributable to natural sources.
Article 1721
Exceedances attributable to winter-sanding or winter -salting of roads
1. Member States may , for a given year, designate identify zones or
agglomerations within which limit values for PM10 are exceeded in ambient air due to the re-
suspension of particulates following winter-sanding or winter -salting of roads.
2. Member States shall provide send the Commission with lists of any
such zones , as referred to in paragraph 1 or agglomerations together with information
on concentrations and sources of PM10 in such zones. therein.
3. When informing the Commission in accordance with Article 27, Member States shall
also provide the necessary evidence to demonstrate demonstrating that any
exceedances are due to re-suspended particulates and that reasonable measures have been
taken to lower such the concentrations.
34. Without prejudice to Article 1620, in the case of zones and agglomerations referred to
in paragraph 1 of this Article, Member States need to establish the air quality plan provided
for in Article 1923 only in so far as exceedances are attributable to PM10 sources other than
winter-sanding or winter -salting of roads.
5. The Commission shall by 11 June 2010 publish guidelines for determination of
contributions from the re-suspension of particulates following winter-sanding or -salting of
roads.
Article 1822
Postponement of attainment deadline and exemption from the obligation to apply
certain limit values
1. Where, in a given zone or agglomeration, conformity with the limit values for
particulate matter (PM10 and PM2.5) or nitrogen dioxide or benzene cannot be achieved
by the deadline deadlines specified in Table 1 of Section 1 of Annex IXI, because
of site-specific dispersion characteristics, orographic boundary conditions, adverse climatic
EN 55 EN
conditions or transboundary contributions, a Member State may postpone those deadlines -
that deadline once by a maximum of 5 five years for that particular zone or
agglomeration, on condition if the following conditions are met:
2008/50 (adapted)
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(a) that an air quality plan is established in accordance with Article 19(4) and
meeting the requirements listed in Article 19(5) to (7) of Article 23 for the zone
or agglomeration to which the postponement would apply;
(b) the such air quality plan referred in point (a) is shall be supplemented
by the information listed in Point B of Annex VIIIXV related to the pollutants
concerned and shall demonstrate demonstrates how exceedance periods
above the limit values will be kept as short as possible conformity will be
achieved with the limit values before the new deadline;.
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(c) the air quality plan referred to in point (a) outlines how the public and, in particular,
sensitive population and vulnerable groups will be informed about the consequences
of the postponement for human health and the environment;
(d) the air quality plan referred to in point (a) outlines how additional funding, including
via relevant national and Union funding programmes, will be mobilised to accelerate
the improvement of air quality in the zone to which the postponement would apply;
2008/50 (adapted)
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2. Where, in a given zone or agglomeration, conformity with the limit values for PM10 as
specified in Annex XI cannot be achieved because of site-specific dispersion characteristics,
adverse climatic conditions or transboundary contributions, a Member State shall be exempt
from the obligation to apply those limit values until 11 June 2011 provided that the conditions
laid down in paragraph 1 are fulfilled and that the Member State shows that all appropriate
measures have been taken at national, regional and local level to meet the deadlines.
3. Where a Member State applies paragraphs 1 or 2, it shall ensure that the limit value
for each pollutant is not exceeded by more than the maximum margin of tolerance specified in
Annex XI for each of the pollutants concerned.
24. Member States shall notify the Commission where, in their view,
paragraphparagraphs 1 or 2 is are applicable, and shall communicate the air quality
plan referred to in paragraph 1 including and all relevant information necessary for the
Commission to assess whether or not the invoked reason for postponement and the
relevant conditions set out in that paragraph are satisfied. In its assessment, the
Commission shall take into account estimated effects on ambient air quality in the Member
States, at present and in the future, of measures that have been taken by the Member States as
well as estimated effects on ambient air quality of current Community Union measures
and planned Community measures to be proposed by the Commission.
EN 56 EN
Where the Commission has raised no objections within 9 nine months of receipt of
that notification, the relevant conditions for the application of paragraphparagraphs 1 or 2
shall be deemed to be satisfied.
If objections are raised, the Commission may require Member States to adjust or provide new
air quality plans.
CHAPTER IV
PLANS
Article 1923
Air quality plans
1. Where, in given zones or agglomerations, the levels of pollutants in ambient air
exceed any limit value , laid down in Section 1 of Annex I, or target value, plus any
relevant margin of tolerance in each case, Member States shall establish ensure that air
quality plans are established for those zones and agglomerations as soon as possible and no
later than 2 years after the calendar year during which that exceedance of any limit value was
recorded. Those air quality plans shall set out appropriate measures in order to achieve the
concerned related limit value or target value specified in Annexes XI and XIV. and
to keep the exceedance period as short as possible, and in any case no longer than 3 years
from the end of the calendar year in which the first exceedance was reported .
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Where exceedances of any limit values persist during the third calendar year after the
establishment of the air quality plan, Member States shall update the air quality plan and the
measures therein, and take additional and more effective measures, in the subsequent calendar
year to keep the exceedance period as short as possible.
2. Where in a given NUTS 1 territorial unit, the levels of pollutants in ambient air exceed the
ozone target value, laid down in Section 2 of Annex I, Member States shall establish air
quality plans for those NUTS 1 territorial units as soon as possible and no later than 2 years
after the calendar year during which the exceedance of the ozone target value was recorded.
Those air quality plans shall set out appropriate measures in order to achieve the ozone target
value and to keep the exceedance period as short as possible.
Where exceedances of the ozone target value persist during the fifth calendar year after the
establishment of the air quality plan in the relevant NUTS 1 territorial unit, Member States
shall update air quality plan and the measures therein, and take additional and more effective
measures, in the subsequent calendar year to keep the exceedance period as short as possible.
For NUTS 1 territorial units where the ozone target value is exceeded, Member States shall
ensure that the relevant national air pollution control programme prepared pursuant to
Article 6 of Directive (EU) 2016/2284 includes measures addressing those exceedances.
3. Where in a given NUTS 1 territorial unit, the average exposure reduction obligation laid
down in Section 5 of Annex I is exceeded, Member States shall establish air quality plans for
those NUTS 1 territorial units as soon as possible and no later than 2 years after the calendar
year during which the exceedance of the average exposure reduction obligation was recorded.
Those air quality plans shall set out appropriate measures to achieve the average exposure
reduction obligation and to keep the exceedance period as short as possible.
EN 57 EN
Where exceedances of the average exposure reduction obligation persist during the fifth
calendar year after the establishment of the air quality plan, Member States shall update the
air quality plan and the measures therein, and take additional and more effective measures, in
the subsequent calendar year to keep the exceedance period as short as possible.
4. Where from [insert year 2 years after entry into force of this Directive], until 31 December
2029 in a zone or NUTS 1 territorial unit, the levels of pollutants are above any limit value to
be attained by 1 January 2030 as laid down in Table 1 of Section 1 of Annex I, Member States
shall establish an air quality plan for the concerned pollutant as soon as possible and no later
than 2 years after the calendar year during which the exceedance of the was recorded to attain
the respective limit values or ozone target value by the expiration of the attainment deadline.
Where, for the same pollutant, Member States are required to establish an air quality plan in
accordance with this paragraph as well as an air quality plan in accordance with Article 19(1),
they may establish a combined air quality plan in accordance with Article 19(5), (6) and (7)
and provide information on the expected impact of measures to reach compliance for each
limit value it addresses, as required by in Annex VIII, points 5 and 6. Any such combined air
quality plan shall set out appropriate measures to achieve all related limit values and to keep
all exceedance periods as short as possible.
5. Air quality plans shall contain at least the following information:
(a) the information listed in Point A, points 1 to 6 of Annex VIII;
(b) where applicable, the information listed in Point A, points 7 and 8, of Annex VIII;
(c) where appropriate, information on abatement measures listed in Point B, Point 2 of
Annex VIII.
2008/50 (adapted)
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Member States shall consider including measures referred to in Article 20(2) and The
air quality plans may additionally include specific measures aiming at the protection of
sensitive population and vulnerable groups , including children in their air quality
plans .
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Regarding the pollutants concerned, when preparing air quality plans, Member States shall
assess the risk of exceeding the respective alert thresholds. That analysis shall be used for
establishing short-term action plans where applicable.
2008/50 (adapted)
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Where air quality plans must shall be established be prepared or implemented in
respect of several pollutants or air quality standards , Member States shall, where
appropriate, prepare and implement establish integrated air quality plans covering all
pollutants and air quality standards concerned.
EN 58 EN
2. Member States shall, to the extent feasible, ensure consistency of their air quality
plans with other plans that have a significant impact on air quality, including those
required under Directive 2001/80/EC 2010/75/ EU of the European Parliament and of the
Council78, Directives (EU) 2016/2284, 2001/81/EC or and 2002/49/EC and under
climate, energy, transport and agriculture legislation .
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6. Member States shall consult the public, in accordance with Directive 2003/35/EC of the
European Parliament and of the Council79, and the competent authorities, which, by reason of
their responsibilities in the field of air pollution and air quality, are likely to be concerned by
the implementation of the air quality plans, on draft air quality plans and any significant
updates of air quality plans prior to their finalisation.
When preparing air quality plans, Member States shall ensure that stakeholders whose
activities contribute to the exceedance situation are encouraged to propose measures they are
able to take to help end the exceedances and that non-governmental organisations, such as
environmental organisations, consumer organisations, organisations representing the interests
of sensitive population and vulnerable groups, other relevant health-care bodies and the
relevant industrial federations are allowed to take part in those consultations.
2008/50 (adapted)
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7. Those Air quality plans shall be communicated to the Commission within 2
months after their adoption without delay, but no later than two years after the end of the
year the first exceedance was observed.
Article 2024
Short-term action plans
1. Where, in a given zone or agglomeration, there is a risk that the levels of pollutants
will exceed one or more of the alert thresholds specified in Section 4 of Annex IXII, Member
States shall draw up short-term action plans indicating the emergency measures
to be taken in the short term in order to reduce the risk or duration of such an exceedance.
Where this risk applies to one or more limit values or target values specified in Annexes VII,
XI and XIV, Member States may, where appropriate, draw up such short-term action plans.
However, where there is a risk that the alert threshold for ozone Member States shall only
draw may refrain from drawing up such short-term action plans when in their opinion
there is no a significant potential, taking into account national geographical,
meteorological and economic conditions, to reduce the risk, duration or severity of such an
exceedance. When drawing up such a short-term action plan Member States shall take
account of Decision 2004/279/EC.
78
Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on
industrial emissions (integrated pollution prevention and control) (OJ L 334, 17.12.2010, p. 17).
79
Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003 providing for
public participation in respect of the drawing up of certain plans and programmes relating to the
environment and amending with regard to public participation and access to justice Council Directives
85/337/EEC and 96/61/EC (OJ L 156, 25.6.2003, p. 17).
EN 59 EN
2. When drawing up the The short-term action plans referred to in
paragraph 1 Member States may, depending on the individual case, provide for
effective measures to control and, where necessary, temporarily suspend activities
which contribute to the risk of the respective limit values or target values or alert threshold
being exceeded. Those Depending on the share of the main pollution sources to the
exceedances to be addressed, those short-term action plans shall consider including
may include measures in relation to transport motor-vehicle traffic, construction works,
ships at berth, and the use of industrial installations plants or and the use of
products and domestic heating. Specific actions aiming at the protection of sensitive
population and vulnerable groups, including children, shall may also be considered
in the framework of those plans.
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3. Member States shall consult the public in accordance with Directive 2003/35/EC, and the
competent authorities, which, by reason of their responsibilities in the field of air pollution
and air quality, are likely to be concerned by the implementation of the short-term action plan,
on draft short-term action plans and any significant updates thereof prior to their finalisation.
2008/50
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43. When Member States have drawn up a short-term action plan, they shall make
available to the public and to appropriate organisations such as environmental organisations,
consumer organisations, organisations representing the interests of sensitive population and
vulnerable groups, other relevant health-care bodies and the relevant industrial federations
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.
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5. Member States shall submit short-term action plans to the Commission within 2 months
after their adoption.
2008/50 (adapted)
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4. For the first time before 11 June 2010 and at regular intervals thereafter, the
Commission shall publish examples of best practices for the drawing-up of short-term action
plans, including examples of best practices for the protection of sensitive population groups,
including children.
Article 2125
Transboundary air pollution
1. Where transboundary transport of air pollution from one or more Member State
contributes significantly to the exceedance of any alert threshold, limit value, or
ozone target value, plus any relevant margin of tolerance average exposure
reduction obligation or alert threshold or long-term objective is exceeded due to
significant transboundary transport of air pollutants or their precursors, in another Member
EN 60 EN
State, the latter shall notify the Member States from which the air pollution originated and the
Commission thereof.
Tthe Member States concerned shall cooperate to identify the sources of air pollution and
the measures to be taken to address those sources, and, where appropriate, draw up joint
activities, such as the preparation of joint or coordinated air quality plans pursuant to
Article 1923, in order to remove such exceedances through the application of appropriate but
proportionate measures.
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Member States shall respond to each other in a timely manner, and no later than 3 months
after being notified by another Member State in accordance with the first subparagraph.
2008/50 (adapted)
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2. The Commission shall be informed of, and invited to be present and to assist in
any cooperation referred to in paragraph 1 of this Article . Where appropriate, the
Commission shall, taking into account the reports established pursuant to Article 119 of
Directive (EU) 2016/2284 2001/81/EC, consider whether further action shall be taken at
Community Union level in order to reduce precursor emissions responsible for
transboundary pollution.
3. Member States shall, if appropriate pursuant to Article 2024, 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 regarding these short-term
action plans without undue delay .
4. Where the information threshold or alert thresholds are exceeded in zones or
agglomerations close to national borders, information on these exceedances 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 as provided for in paragraphs 1 and 3 and in informing the public
as referred to in paragraph 4, Member States shall, where appropriate, endeavour to pursue
cooperation with third countries, and in particular with candidate countries.
CHAPTER V
INFORMATION AND REPORTING
Article 2226
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 vulnerable groups , other relevant health-care bodies and
the relevant industrial federations are informed, adequately and in good time, of the
following:
EN 61 EN
(a) ambient air quality in accordance with Annex points 1 and 3 of IXXVI;
2008/50
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(b) any postponement decisions pursuant to Article 1822(1);
(c) any exemptions pursuant to Article 22(2);
(c) (d) air quality plans as provided for in Article 22(1) and 19;23 and programmes
referred to in Article 17(2).
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(d) short-term action plans as provided for in Article 20;
2008/50 (adapted)
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(e) 2. Member States shall make available to the public annual reports for all pollutants
covered by this Directive.
Those reports shall summarise the levels exceeding limit values, target values,
long-term objectives, information thresholds and alert thresholds, for the
relevant averaging periods. That information shall be combined with a
summary assessment of the effects of those exceedances of limit values,
ozone target values, average exposure reduction obligations, information
thresholds and alert thresholds in a summary assessment ;. The the
summary assessment reports shall may include, where appropriate,
further information and assessments on forest protection as well as information
on other pollutants covered by Article 10 and Annex VII. 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 .
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2. Member States shall establish an air quality index covering sulphur dioxide, nitrogen
dioxide, particulate matter (PM10 and PM2.5) and ozone, and make it available through a
public source providing an hourly update. The air quality index shall consider the
recommendations by the WHO and build on the air quality indices at European scale provided
by the European Environmental Agency.
2008/50 (adapted)
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3. Member States shall inform the public of the competent authority or body designated in
relation to the tasks referred to in Article 53.
EN 62 EN
4. The information referred to in this Article shall be made available to the
public free of charge by means of any easily accessible media and communication
channels including the Internet or any other appropriate means of telecommunication, and
shall take into account the provisions laid down in accordance with Directive
2007/2/EC80 and Directive (EU)2019/102481 of the European Parliament and of the
Council .
2004/107
Article 7
Public information
1. Member States shall ensure that clear and comprehensible information is accessible
and is routinely made available to the public as well as to appropriate organisations, such as
environmental organisations, consumer organisations, organisations representing the interests
of sensitive populations and other relevant healthcare bodies, on ambient air concentrations of
arsenic, cadmium, mercury, nickel and benzo(a)pyrene and the other polycyclic aromatic
hydrocarbons referred to in Article 4(8) as well as on deposition rates of arsenic, cadmium,
mercury, nickel and benzo(a)pyrene and the other polycyclic aromatic hydrocarbons referred
to in Article 4(8).
2. The information shall also indicate any annual exceedance of the target values for
arsenic, cadmium, nickel and benzo(a)pyrene laid down in Annex I. The information shall
give the reasons for the exceedance and the area to which it applies. It shall also provide a
short assessment in relation to the target value and appropriate information regarding effects
on health and impact on the environment.
Information on any measures taken pursuant to Article 3 shall be made available to the
organisations referred to in paragraph 1 of this Article.
3. The information shall be made available by means of, for example, Internet, press and
other easily accessible media.
Article 5
Transmission of information and reporting
1. With regard to the zones and agglomerations where any of the target values laid down
in Annex I is exceeded, Member States shall forward the following information to the
Commission:
(a) the lists of the zones and agglomerations concerned,
(b) the areas of exceedance,
(c) the concentration values assessed,
(d) the reasons for exceedance, and in particular any sources contributing to it,
(e) the population exposed to such exceedance.
80
Directive 2007/2/EC of the European Parliament and the Council of 14 March 2007 establishing an
infrastructure for spatial information in the European Community (INSPIRE) (OJ L 108, 25.4.2007,
p. 1).
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Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data
and the re-use of public sector information (OJ L 172, 26.6.2019, p. 56).
EN 63 EN
Member States shall also report all data assessed in accordance with Article 4, unless already
reported under 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 States82.
The information shall be transmitted for each calendar year, by no later than 30 September of
the following year, and for the first time for the calendar year following 15 February 2007.
2. In addition to the requirements laid down in paragraph 1, Member States shall also
report any measures taken pursuant to Article 3.
3. The Commission shall ensure that all information submitted pursuant to paragraph 1 is
promptly made available to the public by appropriate means, such as Internet, press and other
easily accessible media.
219/2009 Art. 1 and Annex
.3(8)
4. The Commission shall adopt, in accordance with the regulatory procedure referred to
in Article 6(2), any detailed arrangements for forwarding the information to be provided
under paragraph 1 of this Article.
2008/50 (adapted)
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Article 2327
Transmission of information and reporting
1. Member States shall ensure that information on ambient air quality is made available
to the Commission within the required timescale in accordance with the implementing
acts referred to in paragraph 5, and irrespective of compliance with data quality
objectives laid down in Annex V as determined by the implementing measures referred to
in Article 28(2).
2. In any event, fFor the specific purpose of assessing compliance with the limit values,
ozone target values, average exposure reduction obligations and critical levels and the
attainment of target values, such the information referred to in paragraph 1 shall
be made available to the Commission no later than 4 nine months after the end of each
calendar year and shall include:
(a) the changes made in that year to the list and delimitation of zones and
agglomerations established under Article 64 or any NUTS 1 territorial unit ;
(b) the list of zones and agglomerations and NUTS 1 territorial units and the
levels of pollutants assessed. For zones in which the levels of one or more
pollutants are higher than the limit values plus the margin of tolerance where
applicable or higher than target values or critical levels , as well as for NUTS 1
territorial units where the levels of one or more pollutants are higher than the target
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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).
EN 64 EN
values or average exposure reduction obligations: ; and for these zones and
agglomerations:
(i) levels assessed and, if relevant, the dates and periods when such levels
were observed;
(ii) if appropriate, an assessment on contributions from natural sources and
from re-suspension of particulates following winter -sanding or winter -
salting of roads to the levels assessed, as declared to the Commission under
Articles 16 and 1720 and 21.
3. Paragraphs 1 and 2 shall apply to information collected as from the beginning of the
second calendar year after the entry into force of the implementing measures referred to in
Article 28(2).
3. Member States shall also forward report to the Commission in accordance with
paragraph 1 , 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.
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4. Member States shall provide information listed in Point D of Annex IV to the Commission
within 3 months of being requested to do so.
5. The Commission shall adopt, as appropriate, by means of implementing acts, measures:
(a) determining the additional information to be made available by Member States
pursuant to this Article as well as the timescales in which such information is to be
communicated;
(b) identifying ways of streamlining the way data are reported and the reciprocal
exchange of information and data from networks and individual sampling points
measuring ambient air pollution within Member States.
Those implementing acts shall be adopted in accordance with the examination procedure
referred to Article 26(2).
CHAPTER VI
DELEGATED AND IMPLEMENTING ACTS
2008/50 (adapted)
Article 2428
Implementing measures Amendments to Annexes
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The Commission is empowered to adopt delegated acts in accordance with Article 25
amending Annexes II to IX to take account of technical and scientific developments regarding
EN 65 EN
assessment of ambient air quality, information to be included in air quality plans, and public
information.
2008/50 (adapted)
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Measures designed to amend the non-essential elements of this Directive, namely Annexes I
to VI, Annexes VIII to X and Annex XV, shall be adopted in accordance with the regulatory
procedure with scrutiny referred to in Article 29(3).
However, the amendments may not have the effect of directly or indirectly modifying either
of the following:
(a) the limit values, ozone target values and long-term
objectives exposure reduction targets, critical levels, target values, information or alert
and information thresholds , average exposure reduction obligations and average
exposure concentration objectives or long-term objectives specified in Annex IVII and
Annexes XI to XIV;
(b) the dates for compliance with any of the parameters referred to in point (a).
2. The Commission shall, in accordance with the regulatory procedure referred to in
Article 29(2), determine the additional information to be made available by Member States
pursuant to Article 27 as well as the timescales in which such information is to be
communicated.
The Commission shall also identify ways of streamlining the way 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 regulatory procedure
referred to in Article 29(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.
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Article 25
Exercise of delegation
1. The power to adopt delegated acts is conferred on the Commission subject to the
conditions laid down in this Article.
2. The power to adopt delegated acts referred to in Article 24 shall be conferred on the
Commission for an indeterminate period of time from … [date of entry into force of this
Directive].
3. The delegation of power referred to in Article 24 may be revoked at any time by the
European Parliament or by the Council. A decision to revoke shall put an end to the
delegation of the power specified in that decision. It shall take effect the day following the
EN 66 EN
publication of the decision in the Official Journal of the European Union or at a later date
specified therein. It shall not affect the validity of any delegated acts already in force.
4. Before adopting a delegated act, the Commission shall consult experts designated by
each Member State in accordance with the principles laid down in the Interinstitutional
Agreement on Better Law-Making.
5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to
the European Parliament and to the Council.
A delegated act adopted pursuant to Article 24 shall enter into force only if no objection has
been expressed either by the European Parliament or by the Council within a period of 2
months of notification of that act to the European Parliament and to the Council or if, before
the expiry of that period, the European Parliament and the Council have both informed the
Commission that they will not object. That period shall be extended by 2 months at the
initiative of the European Parliament or of the Council.
2008/50 (adapted)
new
Article 2629
Committee procedure
1. The Commission shall be assisted by a committee, ‘the Ambient Air Quality
Committee’. That committee shall be a committee within the meaning of Regulation (EU)
No 182/2011.
2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC
Article 5 of Regulation (EU) 182/2011 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. Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7 of
Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
2004/107
Article 6
Committee
1. The Commission shall be assisted by the committee established by Article 12(2) of
Directive 96/62/EC.
2. Where reference is made to this Article, 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.
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219/2009 Art. 1 and Annex
.3(8)
3. Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7 of
Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
new
CHAPTER VII
ACCESS TO JUSTICE, COMPENSATION AND PENALTIES
Article 27
Access to justice
1. Member States shall ensure that, in accordance with their national legal system,
members of the public concerned have access to a review procedure before a court of law, or
another independent and impartial body established by law, to challenge the substantive or
procedural legality of all decisions, acts or omissions concerning air quality plans referred to
in Article 19, and short term action plans referred to in Article 20, of the Member State,
provided that any of the following conditions is met:
(a) the members of the public understood as one or more natural or legal persons and, in
accordance with national law or practice, their associations, organisations or groups,
have a sufficient interest;
(b) where the applicable law of the Member State requires this as a precondition, the
members of the public maintain the impairment of a right.
Member States shall determine what constitutes a sufficient interest and impairment of a right
consistently with the objective of giving the public concerned wide access to justice.
The interest of any non-governmental organisation which is a member of the public
concerned shall be deemed sufficient for the purposes of the first paragraph, point (a). Such
organisations shall also be deemed to have rights capable of being impaired for the purposes
of the first paragraph, point (b).
2. To have standing to participate in the review procedure shall not be conditional on the role
that the member of the public concerned played during a participatory phase of the decision-
making procedures related to Article 19 or 20.
3. The review procedure shall be fair, equitable, timely and not prohibitively expensive, and
shall provide adequate and effective redress mechanisms, including injunctive relief as
appropriate.
4. This Article does not prevent Member States from requiring a preliminary review
procedure before an administrative authority and does not affect the requirement of
exhaustion of administrative review procedures prior to recourse to judicial review
procedures, where such a requirement exists under national law.
5. Member States shall ensure that practical information is made available to the public on
access to administrative and judicial review procedures referred to in this Article.
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Article 28
Compensation for damage to human health
1. Member States shall ensure that natural persons who suffer damage to human health caused
by a violation of Articles 19(1) to 19(4), 20(1) and 20(2), 21(1) second sub-paragraph and
21(3) of this Directive by the competent authorities are entitled to compensation in
accordance with this article.
2. Member States shall ensure that non-governmental organisations promoting the protection
of human health or the environment and meeting any requirements under national law are
allowed to represent natural persons referred to in paragraph 1 and bring collective actions for
compensation. The requirements set out in Article 10 and Article 12(1) of Directive (EU)
2020/1828 shall mutatis mutandis apply to such collective actions.
3. Member States shall ensure that a claim for compensation for a violation can be pursued
only once by a natural person referred to in paragraph 1 and by the non-governmental
organisations representing the person referred to in paragraph 2. Member States shall lay
down rules to ensure that the individuals affected do not receive compensation more than
once for the same cause of action against the same competent authority.
4. Where a claim for compensation is supported by evidence showing that the violation
referred to in paragraph 1 is the most plausible explanation for the occurrence of the damage
of that person, the causal link between the violation and the occurrence of the damage shall be
presumed.
The respondent public authority shall be able to rebut this presumption. In particular, the
respondent shall have the right to challenge the relevance of the evidence relied on by the
natural person and the plausibility of the explanation put forward.
5. Member States shall ensure that national rules and procedures relating to claims for
compensation, including as concerns the burden of proof, are designed and applied in such a
way that they do not render impossible or excessively difficult the exercise of the right to
compensation for damage pursuant to paragraph 1.
6. Member States shall ensure that the limitation periods for bringing actions for
compensation as referred to in paragraph 1 are not less than 5 years. Such periods shall not
begin to run before the violation has ceased and the person claiming the compensation knows,
or can reasonably be expected to know, that he or she suffered damage from a violation as
referred to in paragraph 1.
2004/107 (adapted)
Article 9
Penalties
Member States shall determine the penalties applicable to infringements of the national
provisions adopted pursuant to this Directive and shall take all the measures necessary to
ensure that they are implemented. The penalties provided for must be effective, proportionate
and dissuasive.
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2008/50 (adapted)
new
Article 2930
Penalties
1. Without prejudice to the obligations of Member States under Directive 2008/99/EC of
the European Parliament and of the Council83, Member States shall lay down the rules on
penalties applicable to infringements violations by natural and legal persons, of
the national provisions adopted pursuant to this Directive and shall ensure that those
rules take all measures necessary to ensure that they are implemented. The penalties
provided for shall must be effective, proportionate and dissuasive. Member States
shall notify the Commission without undue delay of those rules and of any amendment
thereof.
new
2. The penalties referred to in paragraph 1 shall include fines proportionate to the
turnover of the legal person or to the income of the natural person having committed the
violation. The level of the fines shall be calculated in such a way as to make sure that they
effectively deprive the person responsible for the violation of the economic benefits derived
from that violation. In the case of a violation committed by a legal person, such fines shall be
proportionate to the legal person’s annual turnover in the Member State concerned, taking
account, inter alia, the specificities of small and medium-sized enterprises (SMEs).
3. Member States shall ensure that the penalties referred to in paragraph 1 give due
regard to the following circumstances, as applicable:
(a) the nature, gravity, extent and duration of the violation;
(b) the intentional or negligent character of the violation;
(c) the population, including sensitive population and vulnerable groups, or the
environment affected by the violation, taking into account the objective of achieving
a high level of protection of human health and the environment;
(d) the repetitive or singular character of the violation.
2008/50 (adapted)
new
CHAPTER VIII
COMMITTEE, TRANSITIONAL AND FINAL PROVISIONS
Article 3031
Repeal and transitional provisions
83
Directive 2008/99/EC of the European Parliament and of the Council of 19 November 2008 on the
protection of the environment through criminal law (OJ L 328, 6.12.2008, p. 28).
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1. Directives 96/62/EC, 1999/30/EC, 2000/69/EC and 2002/3/EC 2004/107/EC and
2008/50/EC, as amended by the Directives listed in Part A of Annex X, are shall be
repealed as with effect from [insert date 1 day after end of transposition
deadline] 11 June 2010, without prejudice to the obligations on of Member States
relating to the time-limits for the transposition into national law or
application of those the Directives set out in Part B of Annex X .
However, from 11 June 2008, the following shall apply:
(a) in Directive 96/62/EC, paragraph 1 of Article 12 shall be replaced by the
following:
‘1. The detailed arrangements for forwarding the information to be provided under
Article 11 shall be adopted in accordance with the procedure referred to in
paragraph 3.’;
(b) in Directive 1999/30/EC, Article 7(7), footnote 1 in point I of Annex VIII and
point VI of Annex IX shall be deleted;
(c) in Directive 2000/69/EC, Article 5(7) and point III in Annex VII shall be
deleted;
(d) in Directive 2002/3/EC, Article 9(5) and point II of Annex VIII shall be
deleted.
2. Notwithstanding the first subparagraph of paragraph 1, 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), (2) and (3) of Directive
2002/3/EC until the end of the second calendar year following the entry into force of
the implementing measures referred to in Article 28(2) of this Directive;
(c) Article 9(3) and (4) of Directive 1999/30/EC until 31 December 2009.
23. References made to the repealed Directives shall be construed as being made
references to this Directive and should shall be read in accordance with the
correlation table in Annex XIXVII.
4. Decision 97/101/EC shall be repealed with effect from the end of the second calendar
year following the entry into force of the implementing measures referred to in Article 28(2)
of this Directive.
However, the third, fourth and fifth indents of Article 7 of Decision 97/101/EC shall be
deleted with effect from 11 June 2008.
2004/107 (adapted)
Article 8
Report and review
1. The Commission shall, by 31 December 2010 at the latest, submit to the European
Parliament and the Council a report based on:
(a) the experience acquired in the application of this Directive,
(b) in particular, the results of the most recent scientific research concerning the
effects on human health, paying particular attention to sensitive populations, and on the
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environment as a whole, of exposure to arsenic, cadmium, mercury, nickel and polycyclic
aromatic hydrocarbons, and
(c) technological developments including the progress achieved in methods of
measuring and otherwise assessing concentrations of these pollutants in ambient air as well as
their deposition.
2. The report referred to in paragraph 1 shall take into account:
(a) current air quality, trends and projections up to and beyond 2015;
(b) the scope for making further reductions in polluting emissions from all
relevant sources, and the possible merit in introducing limit values aimed at reducing the risk
to human health, for the pollutants listed in Annex I, taking account of technical feasibility
and cost-effectiveness and any significant additional health and environmental protection that
this would provide;
(c) the relationships between pollutants and opportunities for combined strategies
for improving Community air quality and related objectives;
(d) current and future requirements for informing the public and for the exchange
of information between Member States and Commission;
(e) the experience acquired in the application of this Directive in Member States,
and in particular the conditions under which measurement has been carried out as laid down
in Annex III;
(f) secondary economic benefits for the environment and health in reducing the
emissions of arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons to the
extent that these can be assessed;
(g) the adequacy of the particle size fraction used for sampling in view of general
particulate matter measurement requirements;
(h) the suitability of benzo(a)pyrene as a marker for the total carcinogenic activity
of polycyclic aromatic hydrocarbons, having regard to predominantly gaseous forms of
polycyclic aromatic hydrocarbons such as fluoranthene.
In the light of the latest scientific and technological developments the Commission shall also
examine the effect of arsenic, cadmium and nickel on human health with a view to
quantifying their genotoxic carcinogenicity. Taking account of measures adopted pursuant to
the mercury strategy the Commission shall also consider whether there would be merit in
taking further action in relation to mercury, taking account of technical feasibility and cost-
effectiveness and any significant additional health and environmental protection that this
would provide.
3. With a view to achieving levels of ambient air concentrations that would further
reduce harmful effects on human health and would lead to a high level of protection of the
environment as a whole, taking into account the technical feasibility and cost-effectiveness of
further action, the report referred to in paragraph 1 may be accompanied, if appropriate, by
proposals for amendments to this Directive, particularly taking into account the results
obtained in accordance with paragraph 2. In addition the Commission shall consider
regulating the deposition of arsenic, cadmium, mercury, nickel and specific polycyclic
aromatic hydrocarbons.
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2008/50 (adapted)
Article 32
Review
1. In 2013 the Commission shall review the provisions related to PM2,5 and, as
appropriate, other pollutants, and shall present a proposal to the European Parliament and the
Council.
As regards PM2,5, the review shall be undertaken with a view to establishing a legally binding
national exposure reduction obligation in order to replace the national exposure reduction
target and to review the exposure concentration obligation laid down in Article 15, taking into
account, inter alia, the following elements:
– latest scientific information from WHO and other relevant organisations,
– air quality situations and reduction potentials in the Member States,
– the revision of Directive 2001/81/EC,
– progress made in implementing Community reduction measures for air pollutants,
2. The Commission shall take into account the feasibility of adopting a more ambitious
limit value for PM2,5, shall review the indicative limit value of the second stage for PM2,5 and
consider confirming or altering that value.
3. As part of the review, the Commission shall also prepare a report on the experience
and on the necessity of monitoring of PM10 and PM2,5, taking into account technical progress
in automatic measuring techniques. If appropriate, new reference methods for the
measurement of PM10 and PM2,5 shall be proposed.
2004/107
Article 10
Implementation
1. Member States shall bring into force the laws, regulations and administrative
provisions necessary to comply with this Directive by 15 February 2007 at the latest. They
shall forthwith inform the Commission thereof.
When Member States adopt these measures, 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 texts of the main provisions
of national law, which they adopt in the field covered by this Directive.
2008/50 (adapted)
new
Article 31 33
Transposition
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1. Member States shall bring into force the laws, regulations and administrative
provisions necessary to comply with this Directive Articles 1, 2 and 3, Article 4, points
(2), (13), (14), (16), (18), (19), (21), (22), points (24) to (30), points (36), (37), (38) and (39),
Articles 5 to 12, Article 13(1), (2), (3), (6) and (7), Article 15, Article 16(1) and (2), Articles
17 to 21, Article 22(1), (2) and (4), Articles 23 to 29 and Annexes I to IX by [insert
date : two years after entry into force] at the latest before 11 June 2010.
When Member States adopt these the measures referred to in this paragraph ,
they shall contain a reference to this Directive or shall be accompanied by such reference on
the occasion of their official publication. They shall also include a statement that
references in existing laws, regulations and administrative provisions to the Directives
repealed by this Directive shall be construed as references to this Directive. Member States
shall determine how such reference is to be made and how that statement is to be
formulated. The methods of making such reference shall be laid down by Member States.
2. Member States shall communicate to the Commission the text of the main
measures provisions of national law which they adopt in the field covered by this
Directive.
Article 3234
Entry into force
This Directive shall enter into force on the twentieth day following that of its
publication in the Official Journal of the European Union.
new
Article 4(1), (3) to (12), Article 4(15), (17), (20), (23) and (31) to (35), Article 13(4) and (5),
Article 14, Article 16(3) and Article 22(3) shall apply from [the day after the date in the first
subparagraph of Article 31(1)].
2008/50
Article 3335
Addressees
This Directive is addressed to the Member States.
Done at Brussels,
For the European Parliament For the Council
The President The President
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