Overview (table of contents) Chapter 1 of the Executive order on area Chapter 2 assessment of the air quality Chapter 3 Management of air quality.
Chapter 5 cross-border air pollution Chapter 6 public information Chapter 7 entry into force provisions Annex 1 Annex 2 The full text of the Ordinance relating to the assessment and management of luftkvaliteten1) under section 14, paragraph 2, and section 80, paragraph 1, of the law on environmental protection, see. lovbekendtgørelse nr. 1757 by 22. December 2006 fixed: Chapter 1 scope § 1 of the Executive order. This notice covers the following substances: 1) sulphur dioxide (SO2).
4) particulate matter (PM10 and PM2, 5).
8) carbon monoxide/carbon monoxide (CO).
9) polycyclic aromatic hydrocarbons (PAH).
§ 2. The environmental protection agency is in compliance with Directive 2008/50/EC and 2004/107/EC responsible for: 1) to assess ambient air quality, 2) to approve measurement systems, 3) to ensure the accuracy of the measurements, 4) to analyze assessment methods, 5) to carry out coordination in its territory, if the Commission organises community programs for quality assurance and 6) to cooperate with other Member States and the Commission.
(2). Directives 2008/50/EC and 2004/108/EC are included as annexes 1 and 2 to this order.
Chapter 2 assessment of the air quality section 3. The environmental protection agency classifies the whole country in zones and agglomerations. Assessment and management of ambient air quality are implemented in all zones and agglomerations in accordance with Directive 2008/50/EC and Directive 2004/107/EC.
§ 4. The environmental protection agency classifies the in clause 3, those zones and agglomerations in accordance with the applicable assessment thresholds of Directive 2008/50/EC, annex II, part A, of Directive 2004/107/EC, annex II, section I, as well as the long-term objectives for ozone in annex VII, part C to Directive 2008/50/EC. The environmental protection agency shall assess ambient air quality in accordance with the classification and criteria set out in annex III to Directive 2008/50/EC.
Chapter 3 Management of air quality.
§ 5. The following target and limit values, information and alert thresholds, critical levels as well as the long-term objectives are used: 1) limit values and any margins of tolerance for SO2, NO2, CO, benzene, lead and particulate matter (PM10 and PM2, 5) in Annexes XI and XIV to Directive 2008/50/EC.
2) critical levels for SO2 and NOx in annex XIII to Directive 2008/50/EC.
3) target value for PM2, 5 in annex XIV, section D of Directive 2008/50/EC.
4) target values and long-term objectives for ozone in annex VII of Directive 2008/50/EC.
5) target values for arsenic, cadmium, nickel and benzo (a) pyrene as a marker for PAH in annex I to Directive 2004/107/EC.
6 the information threshold for ozone) and alert thresholds for SO2 and NO2 in annex XII of Directive 2008/50/EC.
(2). The environmental protection agency checks compliance with the nr. 1 and 2 with a view to the adoption of measures in order to ensure compliance with the above limit values, margins of tolerance and critical levels.
(3). The environmental protection agency checks compliance with the nr. 3, 4 and 5 with a view to the adoption of the necessary measures not entailing disproportionate costs, in order to achieve the above-mentioned target values and long-term objectives. For arsenic, cadmium, nickel and benzo (a) pyrene as a marker for PAH as mentioned in nr. However, the measures must first be taken from 5 on 31 May. December 2012.
(4). The environmental protection agency monitors the fulfilment of the national exposure reduction target for PM2, 5 laid down in annex XIV, section B of Directive 2008/50/EC, with a view to taking all necessary measures, in so far as it does not entail excessive costs.
(5). The environmental protection agency that monitors the average exposure indicator for PM2, 5 for 2015, as the Agency shall lay down in accordance with Directive 2008/50/EC annex XIV, part A, does not exceed the exposure concentration, as laid down in part C of annex X.
§ 6. If the information threshold for ozone or some of the alert thresholds for SO2, NO2, or ozone is exceeded, see. Annex XII of Directive 2008/50/EC, ensures the environmental protection agency to take the necessary steps to inform the public thereof through radio, television, newspapers or the internet.
§ 7. The implementation of the measures taken pursuant to this notice, as well as new air polluting activities must not cause significant degradation of the air quality in areas where the level of air pollution is below the limit values.
Air quality plans § 8. If a limit value or target value, plus any relevant margin of tolerance in Annexes XI and XIV to Directive 2008/50/EC are exceeded in zones or agglomerations shall draw up the environmental protection agency air quality plans for those zones and agglomerations in order to achieve the said target and limit values. If target or threshold value is exceeded for more than one substance, shall draw up the environmental protection agency, when appropriate, a comprehensive plan for the substances concerned.
(2). Air quality plans shall contain at least the information listed in annex XV, part A, and may contain measures, as referred to in section 9. If the limit values are exceeded after the date on which they enter into force, the air quality plans must also include appropriate measures, so that the exceedance period will be the shortest possible. In addition, air quality plans contain measures to protect the sensitive population groups, including children.
(3). Environmental Protection Agency's compilation of proposals to or amendment of air quality plans as referred to in paragraphs 1 and 2, is done in cooperation with municipal councils and other relevant authorities.
§ 9. If the target value for arsenic, cadmium, nickel and benzo (a) pyrene exceeded the 31. December 2012 or later in one or more zones and agglomerations shall draw up the environmental protection agency, a list that shows where exceedance and the sources contributing thereto. The environmental protection agency will inform the other competent authorities of overshootings and sources for the purpose of that against the main sources of pollution are taken all necessary measures not entailing disproportionate costs, in order to reach the relevant target value.
Short-term action plans section 10. If in a zone or agglomeration is a risk of exceedances of the one or more alert thresholds in annex XII to Directive 2008/50/EC draws up the environmental protection agency, if it considers it expedient, short-term action plans. If this risk applies to one or more limit values or target values in annexes VII, XI and XIV to Directive 2008/50/EC, the environmental protection agency to draw up short-term action plans in accordance with the environmental protection agency's assessment when it is appropriate. The action plans should include measures to be taken in the short term in order to reduce the risk or limit the duration of that overshoot.
(2). If there is a risk that the alert threshold for ozone in annex XII, section B, to Directive 2008/50/EC will be exceeded, only the environmental protection agency will draw up a short-term action plan, when taking into account national geographical, meteorological and economic conditions after the environmental protection agency's assessment is significant opportunities to reduce the risk of the duration or severity of such an exceedance.
(3). Environmental Protection Agency's compilation of short-termaction plans is done in cooperation with municipal councils and other relevant authorities.
(4). The short-term action plans referred to in paragraphs 1 and 2, taking into account the concrete circumstances include effective measures to regulate and, if necessary, suspend certain activities, which contribute to the risk of exceeding the respective limit or target values or alert thresholds. Plans may include measures relating to motor traffic, construction works, ships at berth and the use of industrial plants or products, private heating installations and special measures for the protection of sensitive population groups, including children.
§ 11. For zones and agglomerations in which a target for ozone is exceeded, the environmental protection agency that monitors the national programmes drawn up in accordance with the Ordinance on emission ceilings for sulphur dioxide, nitrogen oxides, volatile organic compounds and ammonia, and, where appropriate, an air quality plan is implemented in order to attain the target values as laid down in annex VII to Directive 2008/50/EC.
However, this does not apply, if the environmental protection agency estimates that the necessary measures in the program or air quality plan will result disproportionate costs.
§ 12. If an alert threshold, limit value or target value plus any margin of tolerance or long-term objective is exceeded due to significant transboundary movement of air pollutants or their precursors, the environmental protection agency shall collaborate with the authorities of the other Member States concerned and shall establish, where necessary, joint or coordinated air quality plans with appropriate and reasonable measures.
(2). If relevant, under section 10, the environmental protection agency shall collaborate with the authorities of other Member States to prepare and implement joint short-term action plans covering neighbouring zones. The environmental protection agency will send relevant information to the competent authorities of other Member States.
(3). If information or alert thresholds, see. § 6, are exceeded in zones or agglomerations close to the border to foreign countries, the environmental protection agency shall communicate this as soon as possible to the competent authorities in the neighbouring Member States concerned.
Chapter 6 section 13 information to the public. In order to give the public the opportunity to comment, the environmental protection agency must make public advertising in local magazines and national newspapers of draft or changes to the following plans and programmes: 1) air quality plans as provided for in section 8.
2) short-term action plans referred to in section 10.
3) Applications under section 11.
(2). The announcement shall indicate 1) environmental protection agency's address, 2) that everyone has the right to view the draft or amendment to the plan or programme and 3) that everyone has the right to comment on the proposal within a specified period of not less than 3 and not more than 6 weeks from the announcement.
(3). The environmental protection agency shall make public announcement of the plan or programme is adopted and on the reasons and considerations that underlie the adoption.
§ 14. The environmental protection agency informs the public and relevant organizations, including health-care bodies and trade associations, on the following: 1) Information on ambient air quality in accordance with annex XVI to Directive 2008/50/EC.
2) information about the concentration in the air of arsenic, cadmium, mercury, nickel and benzo (a) pyrene and other polycyclic aromatic hydrocarbons.
3) inventories of exceedance of the target values and, where appropriate, measures taken under section 9.
4) Decisions relating to the suspension of compliance with limit values for NO2 or benzene in accordance with article 22 of Directive 2008/50/EC.
§ 15. The environmental protection agency shall ensure that the public get access to annual reports for all exceedances of limit values, target values, long-term objectives and information and alert thresholds for the relevant averaging periods of the polluting substances covered by this notice. The annual report is combined with an overall assessment of the severity of effects and can additionally contain information on pollutants, which are not covered by this notice.
§ 16. The information provided to the public pursuant to sections 13, 14 and 15 must be up-to-date, clear, understandable and readily available.
Chapter 7 the effective provisions of section 17. The notice shall enter into force on 4 February. July 2010.
(2). Executive Order No. 137 of 10. February 2007 on target and limit values for certain pollutants in ambient air shall be repealed.
The Ministry of the environment, the 30. June 2010 Karen Ellemann/Anne-Marie R Annex 1 European Parliament and Council Directive 2008/50/EC of 21. May 2008 on ambient air quality and cleaner air for Europe, the European Parliament and the COUNCIL of the EUROPEAN UNION, having regard to the Treaty establishing the European Community, and in particular Article 175, having regard to the proposal from the Commission, having regard to the opinion of the European economic and Social Committee1, having regard to the opinion of) Regionsudvalget2), in accordance with the procedure referred to in article 2513), and on the basis of the following considerations : (1) in the sixth environment action programme adopted by decision No 2/2000 of the European Parliament and of the Council. 1600/2002/EC of 22. July 20024), it was determined that there is a need to reduce pollution to levels where there are fewest possible harmful effects on human health, with particular emphasis on the most vulnerable populations, and the environment as a whole, to improve the monitoring and assessment of air quality, including the deposition of pollutants, and to inform the public.
(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 and national level as well as at Community level. Why should the emissions of harmful air pollutants are avoided, prevented or reduced and appropriate objectives should be set for ambient air quality taking into account the World Health Organisation standards, guidelines and programmes.
(3) Council Directive 96/62/EC of 27. September 1996 relating to the assessment and management of luftkvalitet5), 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 luften6), the European Parliament and Council Directive 2000/69/EC of 16. November 2000 relating to limit values for benzene and carbon monoxide in luften7), the European Parliament and of the Council Directive 2002/3/EC of 12. February 2002 on air content of ozon8) 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 medlemsstaterne9) should be substantially revised in order to incorporate the latest health and scientific progress and the experience of Member States. For reasons of clarity, simplification and administrative efficiency it is therefore appropriate to replace these five acts with a single directive and, where appropriate, by implementing measures.
(4) Once sufficient experience is gained with the implementation of European Parliament and Council Directive 2004/107/EC of 15. December 2004 relating to arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons in luften10) can be considered to collect its provisions with the provisions of this directive.
(5) it is appropriate to adopt a common approach to the assessment of ambient air quality in accordance with common assessment criteria. When air quality is assessed, account should be taken of the size of populations and ecosystems exposed to air pollution. Therefore, each Member State should be classified into zones and agglomerations in accordance with population density.
(6) should be used if possible, model calculations, so that between geographical distribution can be derived from point data. This could serve as a basis for the calculation of the collective exposure of the population in the area concerned.
(7) in order to ensure that the information collected on air pollution is sufficiently representative and comparable across the community, it is important that you use the standardised measurement techniques and common criteria for the number and location of measuring stations for assessing air quality. Other techniques than measurements may be used to assess ambient air quality, and therefore it is necessary to establish criteria for the use and required accuracy of such techniques.
(8) provision should be made detailed measurements of fine particulate matter at rural sites in order to better understand this pollution effects and prepare appropriate measures. Such measurements should be carried out in a manner that is in accordance with them, carried out as part of the cooperative programme for monitoring and evaluation of the long-range transmission of air pollutants in Europe (EMEP) set up under the Convention on long-range transboundary air pollution approved by Council decision 81/462/EEC of 11. June 198111).
(9) air quality mode should be maintained where it is already good, or improved in other cases. When the air quality objectives set out in this directive are achieved, Member States should take action so that the limit values and critical levels are observed, and the target values and long-term objectives as far as possible, be reached.
(10) the risk of vegetation and natural ecosystems from air pollution is greatest at the sites located outside the urban areas. Assessment of such risks and that compliance with critical levels for the protection of vegetation should therefore focus on areas outside built-up areas.
(11) Fine particulate matter (PM2.5) have significant negative effects on human health. There is, moreover, has not yet identified any lower threshold below which PM2, 5 do not pose a risk. This pollutant should, therefore, not be regulated in the same way as the other air pollutants. The approach should aim at a general reduction of concentrations in the bybaggrunden to ensure that large segments of the population benefit from improved air quality. However, in order to ensure a minimum degree of health protection everywhere should approach combined with a limit value after an initial prior target value.
(12) The existing target values and long-term objectives for ozone, to ensure effective protection against harmful effects on human health, vegetation and ecosystems should not be changed. There should be established an alert threshold and an information threshold for ozone, respectively, for the protection of the population in General and particularly sensitive groups for short exposures of high ozone concentrations. Those thresholds should trigger the dissemination of information to the public about the risks of ozone impact and, where appropriate, the implementation of the short-term measures to reduce ozone levels where the alert threshold is exceeded.
(13) Ozone is a transboundary pollutant formed in the air from emissions of primary pollutants as provided for in European Parliament and Council Directive 2001/81/EC of 23. October 2001 on national emission ceilings for certain atmospheric stoffer12). The progress made in achieving the air quality objectives and long-term objectives for ozone in this directive should be determined by the targets and emission ceilings provided for in Directive 2001/81/EC, and, where appropriate, by implementing air quality plans as provided for in this directive.
(14) There should be a duty to make fixed measurements 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 and/or indicative measurement, so that between geographical distribution can be derived from point data. The use of additional assessment techniques should also make it possible to reduce the required minimum number of fixed sampling points.
(15) contributions from natural sources can be assessed, but not controlled. Where it can be determined with sufficient certainty, that natural sources contribute to pollutants in the air, and where exceedances partly or wholly attributable to these natural contributions, these may, therefore, on the conditions laid down in this directive be subtracted when assessing whether air quality complies with the limit values. Exceedances of the particulate substance PM10 limit values as a result of sand or salt spread on the roads in winter can also be subtracted when assessing whether air quality complies with the limit values provided that reasonable measures have been taken to lower the concentrations.
(16) For zones and agglomerations with particularly difficult conditions should it be possible to postpone the deadline for compliance with the limit values for air quality in cases where, notwithstanding the implementation of appropriate measures to combat pollution is acute problems with compliance in specific zones and agglomerations. A reprieve for a zone or agglomeration should be accompanied by a comprehensive plan to be assessed by the Commission, in order to ensure compliance before the extended deadline. It is important to dispose of the necessary Community measures reflecting the level of ambition that is selected in the thematic strategy on air pollution, in order to reduce emissions at source, in order to achieve an effective reduction of emissions within the time limit laid down in this directive for compliance with the limit values, and that should be taken into account when requests for postponement of the deadline for the fulfilment of the provisions is assessed.
(17) All institutions concerned should properly prioritize an examination of the necessary Community measures to reduce emissions at source, in particular, measures to improve the efficiency of the Community legislation on emissions from industry, to reduce exhaust emissions from engines used in heavy vehicles, to further reduce the Member States ' national emission ceilings for key pollutants and emissions in connection with filling of fuel to petrol cars at service stations and to reduce the sulphur content of fuels including marine fuels.
(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 appropriate. Air pollutants emanating from many different sources and activities. In order to ensure consistency between the different policies, such air quality plans should where possible be coherent with and integrated into the plans and programmes drawn up in accordance with European Parliament and Council Directive 2001/80/EC of 23. October 2001 on the limitation of emissions of certain pollutants into from major fyringsanlæg13), Directive 2001/81/EC and European Parliament and Council Directive 2002/49/EC of 25. June 2002 relating to the assessment and management of external støj14). There will also be fully taken into account the air quality targets, as set out in this directive, when permission is given to industrial activities in accordance with European Parliament and Council Directive 2008/1/EC of 15. January 2008 concerning integrated pollution prevention and control of forurening15).
(19) There should be drawn up action plans indicating the measures to be taken in the short term, when there is a risk of exceedance of one or more alert thresholds, in order to reduce that risk and to limit their duration. When the risk applies to one or more limit values or target values, Member States may, where it is found appropriate, draw up such short-term action plans. With regard to ozone such short-term action plans should take into account the provisions of Commission decision 2004/279/EC of 19. March 2004 for guidance in the implementation of European Parliament and Council Directive 2002/3/EC on ambient air ozon16).
(20) Member States should consult with one another if the level of a pollutant exceeds, or is likely to exceed the relevant air quality objectives plus, where applicable, the permitted margin of tolerance or, as appropriate, alert threshold as a result of significant pollution originating in another Member State. Due to the cross-border nature of pollutants, such as ozone and particulate matter, there may be a need for 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, particularly candidate countries should be involved at an early stage.
(21) it is necessary that Member States and the Commission to collect, Exchange and disseminate information on air quality in order to get a better understanding of the effects of air pollution and adopt an appropriate policy. Up-to-date information on ambient concentration of any of the regulated pollutants should also be easily accessible to the public.
(22) in order to allow For the examination and comparison of data on air quality easier, should the data flow to the Commission in standardized form.
(23) whereas it is necessary to adapt the procedures for the notification, assessment and reporting of air quality data, so it will be possible to use electronic means and the Internet as the main tools to make information available, and so the procedures are in accordance with European Parliament and Council Directive 2007/2/EC of 14. March 2007 establishing an infrastructure for spatial information in the Community (Inspire) 17).
(24) whereas it should be possible to adapt the criteria and techniques used for the assessment of ambient air quality to scientific and technical progress and adapt the information to be reported.
(25) since the objectives of this directive cannot be sufficiently achieved by the Member States and can therefore, by reason of the transboundary nature of air pollutants, be better achieved at Community level; The community may therefore adopt measures, in accordance with the principle of proportionality, as Article 5 of the Treaty. In accordance with the principle of proportionality referred to in article 6. that article, this directive does not go beyond what is necessary to achieve those objectives.
(26) Member States should lay down rules on penalties applicable to infringements of the provisions of this directive and ensure that they are enforced. Those penalties should be effective, proportionate and dissuasive.
(27) certain provisions of the acts repealed by this directive should remain in force to ensure the continuation of the current air quality limits for nitrogen dioxide until they are replaced by others from the 1. January 2010, ensure the continuation of the provisions concerning the reporting of air quality, pending the adoption of new implementing measures, and ensure the continuity of obligations to the preliminary assessment of air quality under Directive 2004/107/EC.
(28) 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.
(29) in accordance with point 34 of the interinstitutional agreement on better lovgivning18) Member States are encouraged, both in themselves and in the interest of the community, to set up and publish their own tables, which will, as far as possible, illustrate the correlation between this directive and the transposition measures.
(30) for the purposes of this directive are complied with the fundamental rights and observes the principles recognised in particular. The European Union's charter of fundamental rights. The directive aims in particular at promoting the integration of a high level of environmental protection, and improved environmental quality in the EU's policies in accordance with the principle of sustainable development as laid down in article 37 of the charter of fundamental rights.
(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. June 1999 laying down the procedures for the exercise of implementing powers conferred on the Kommissionen19).
(32) the Commission should be empowered to amend Annex I to VI, VIII-X and XV. Since those measures are of general scope which seek to amend non-essential elements of this directive, they must be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 5a of decision 1999/468/EC.
(33) the transposition clause requires Member States to ensure that the necessary urban background measurements are carried out in good time so that the average exposure indicator can be set, to ensure that the requirements in connection with the assessment of the national exposure reduction target and the calculation of the average exposure indicator observed — HAS ADOPTED THIS DIRECTIVE: chapter I GENERAL PROVISIONS Article 1 Purpose this directive lays down measures with a view to : 1) that define and establish objectives for ambient air quality designed to avoid, prevent or reduce harmful effects on human health and on the environment as a whole; 2) to assess the ambient air quality in Member States on the basis of common methods and criteria 3) to provide information on air quality to help combat air pollution and nuisance and to monitor long-term trends and improvements resulting from national and Community measures 4) to ensure that information on ambient air quality is made available to the public 5) to maintain ambient air quality where it is good and improve it in other cases, 6) to promote increased cooperation between Member States to reduce air pollution.
Article 2 Definitions for the purposes of this directive: 1) "air" shall mean outdoor air in the troposphere, excluding workplaces as defined in Directive 89/654/EØF20), where the provisions on health and safety at work apply and where the population does not have regular access 2) "pollutant" means a substance in the air, which can have harmful effects on human health and/or the environment as a whole 3) "level" shall mean the concentration of a pollutant in ambient air or the deposition thereof on surfaces in a given time; 4) "assessment" means any method used to measure, calculate, predict or estimate the level of levels 5) "limit value" shall mean a level fixed on the basis of scientific knowledge, with the aim of avoiding, preventing or reducing harmful effects on human health and/or the environment as a whole, to be attained within a given period and not to be exceeded once attained 6) "critical level" shall mean a level fixed on the basis of scientific knowledge, and beyond which there may be direct harmful effects on certain receptors, such as trees, other plants or natural ecosystems but not on humans 7) "margin of tolerance" shall mean the percentage of the limit value, which this value may be exceeded in accordance with the conditions laid down in this Directive 8) "air quality plans" : plans, laying down measures in order to attain the limit values or target values 9) "target value" means a level fixed in order to avoid, prevent or reduce harmful effects on human health and/or the environment as a whole, to be attained where possible over a given period 10) "alert threshold" means a level beyond which there is a risk to human health from brief exposure of the population as a whole , and where Member States immediately to take measures 11) "information threshold" means a level beyond which there is a risk to human health from brief exposure for particularly sensitive sections of the population, and where it is needed immediately to provide relevant information 12) "upper assessment threshold" shall mean a level below which can be used a combination of fixed measurements and modelling and/or indicative measurements to assess air quality 13) "lower assessment threshold" shall mean a level below which it is sufficient to use modelling or objective estimation techniques for assessing ambient air quality 14) "long-term objective" shall mean a level to be attained in the long term with a view to the effective protection of human health and the environment, unless it is not feasible by means of proportionate measures 15) "contributions from natural sources" shall mean emissions of pollutants that is neither directly or indirectly due to human activities, including natural events such as volcanic eruptions, seismic activities, geothermal activities, wild fires, storms, ocean or atmospheric resuspension from drizzle of particles or transport of natural particles from dry regions 16) "zone" shall mean part of the territory of a Member State, the Member State concerned has delineated for the purposes of air quality assessment and management 17) "agglomeration" shall mean a zone that is a conurbation with a population of more than 250000 inhabitants or, where the population concentration is 250000 inhabitants or less, a population density per km2, as Member States set 18) "PM10" shall mean 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 19) "PM2 , 5 "shall mean 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; 20)" average exposure indicator "shall mean an average level determined on the basis of measurements at urban background locations throughout the territory of a Member State and which reflects population exposure. It is used to calculate the national exposure reduction target and the exposure concentration obligation concerning 21) "exposure concentration" shall mean a level fixed on the basis of the average exposure indicator in order to limit the harmful effects on human health, to be achieved over a given period of time 22) "national exposure reduction target" shall mean a percentage reduction of the average exposure of the population of a Member State established for the reference year in order to limit the harmful effects on human health, and which are to be attained where possible over a given period 23) "urban background locations" shall mean places in urban areas, where the levels are representative of the General exposure 24) "oxides of nitrogen" shall mean the sum of the mixing ratio by volume (ppbv) of nitrogen monoxide (nitric oxide) and nitrogen dioxide expressed in units of mass concentration of nitrogen dioxide (µ g/m3) 25) "fixed measurements" : measurements performed on the stationary measuring stations either continuously or by random sampling to determine the levels in accordance with the relevant data quality objectives 26) "indicative measurements" shall mean measurements which meet less stringent data quality than fixed measurements 27) "volatile organic compounds" (VOCs): organic compounds from anthropogenic and biogenic sources, other than methane, that are capable of producing photochemical oxidants by reaction with nitrogen oxides in the presence of sunlight 28) "ozone precursor substances" : substances which contribute to the formation of ground-level ozone, some of which are listed in annex X.
Article 3 responsibilities of the Member States shall designate at the appropriate levels the competent authorities and bodies responsible for: (a)) to assess the air quality (b)) to approve measurement systems (methods, equipment, networks and laboratories) (c)) to ensure accuracy of measurements (d)) to analyze assessment methods e) to carry out coordination on their territory if the Commission organises community programmes for quality assurance f) to cooperate with other Member States and the Commission.
Where appropriate, the competent authorities and bodies shall comply with the requirements set out in annex I, part c.
Article 4 definition of zones and agglomerations Member States shall determine the zones and agglomerations throughout their territory. Air quality assessment and management is implemented in all zones and agglomerations.
CHAPTER II ASSESSMENT of AIR QUALITY section 1 Assessment of air quality with regard to sulphur dioxide, nitrogen dioxide and particulate matter, netrogenoxider, lead, benzene and carbon monoxide Article 5 assessment scheme 1. With regard to sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter (PM10 and PM2, 5), lead, benzene and carbon monoxide shall be subject to the upper and lower assessment thresholds specified in annex II, part a.
All zones and agglomerations shall be classified in relation to those assessment thresholds.
2. The classification referred to in paragraph 1 shall be reviewed at least every five years in accordance with the procedure laid down in annex II, part b.
However, the revised classifications more often if significant changes in activities relevant to ambient concentrations of sulphur dioxide, nitrogen dioxide or, where relevant, oxides of nitrogen, particulate matter (PM10, PM2, 5), lead, benzene or carbon monoxide.
Article 6 assessment criteria 1. Member States shall assess ambient air quality with regard to the pollutants referred to in article 5 in all their zones and agglomerations, in accordance with the criteria set out in paragraphs 2, 3 and 4 and in accordance with the criteria set out in annex III.
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 and/or indicative measurements to provide adequate information about the spatial distribution of air quality.
3. In all zones and agglomerations where the level of pollutants referred to in paragraph 1 is below the upper assessment threshold established for those pollutants, a combination may be used by fixed measurements and modelling and/or indicative measurements to assess air quality.
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, it is sufficient to use modelling or objective estimation techniques for assessing air quality.
5. In addition to the assessments referred to in paragraphs 2, 3 and 4, measurements shall be carried out on land sites in the surrounding area, which is not near major air pollution sources, with a view to, as a minimum, to provide information on the total mass concentration and chemical composition of the concentration in terms of fine particulate matter (PM2, 5) as an annual average, and these measurements are carried out under the following conditions : a) establishment of a sampling point for every 100 000 km2 (b)) each Member State shall set up at least one measuring station or may, by agreement with neighbouring 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)) Annex I part (A) and (C) shall apply with regard to the data quality objectives for measurement of mass concentration of particulate matter and annex IV shall apply in its entirety.
Member States shall notify the Commission of the measurement methods used for the measurement of the chemical composition of fine particulate matter (PM2, 5).
Article 7 Sampling location 1. The location of sampling points for the measurement of sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter (PM10, PM2, 5), lead, benzene and carbon monoxide in ambient air shall be determined in accordance with the criteria set out in annex III.
2. In all zones and agglomerations where fixed measurement is 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 annex V, part a.
3. For zones and agglomerations within which information from sampling points for fixed measurements is supplemented by information from modelling and/or indicative measurement, the total number of sampling points specified in annex V, part A, however, be reduced by up to 50%, if the following conditions are met: a) the supplementary methods provide sufficient information to permit an assessment of air quality with regard to limit values or alert thresholds and provided relevant information to the public (b)) the number of sampling points and the spatial spatial resolution is sufficient for the concentration of the respective pollutant may be determined in accordance with the data quality objectives specified in Annex i, part A, and allows the assessment results to meet the criteria set out in Annex i, part B.
As regards the limit values take account of the results of modelling and/or indicative measurement for assessing air quality.
4. Member States ' application of the criteria for selecting sampling points monitored by the Commission with the aim of promoting a uniform application of these criteria throughout the European Union.
Article 8 Reference measurement methods 1. Member States shall apply the reference measurement methods and criteria set out in annex VI, part A and C.
2. Other measurement methods may be used subject to the conditions laid down in annex VI, part b.
Section 2 Assessment of air quality with regard to ozone Article 9 evaluation criteria 1. If ozone concentrations in a zone or agglomeration has exceeded the long-term objectives set out in annex VII, part C, in any year in the previous five-year period of measurement, fixed measurements shall be taken.
2. If data are available for less than five years, the Member States may, in order to determine whether the long-term objectives referred to in paragraph 1 has been exceeded in those five years, combine the results from measurement campaigns of short duration, which was carried out at the times and the places where the levels are likely to be highest, with results obtained from emission inventories and modelling.
Article 10 sampling points 1. The location of sampling points for the measurement of ozone shall be determined in accordance with the criteria set out in annex VIII.
2. The sampling points for fixed measurements of ozone in the zones and agglomerations 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 annex IX, part A.
3. For zones and agglomerations within which information from sampling points for fixed measurements is supplemented by information from modelling and/or indicative measurement, the total number of sampling points specified in annex IX, part A, shall be reduced, if the following conditions are met: a) the supplementary methods provide sufficient information to permit an assessment of air quality with regard to target values, long-term objectives and information and alert thresholds; b) the number of sampling points and the spatial spatial resolution is sufficient to the concentration of ozone to be established in accordance with the data quality objectives specified in Annex i, part A, and allows the assessment results to meet the criteria set out in Annex i, part B (c)) the number of sampling points in zones and agglomerations shall correspond to at least one sampling point per two million. inhabitants or one sampling point per 50000 km², whichever produces the largest number of sampling points, but there must be at least one sampling point in each zone or agglomeration area d) nitrogen dioxide is measured at all remaining sampling points except for the rural background stations, as referred to in annex VIII, part a.
Taking into account the results of modelling and/or indicative measurement in the assessment of air quality with regard to target values.
4. Nitrogen dioxide shall be measured at a minimum of 50% of the ozone sampling points required in accordance with annex IX, part a. Nitrogen dioxide measurements shall be carried out on a continuous basis except at rural background stations, as referred to in annex VIII, part A, where other measurement methods may be used.
5. In zones and agglomerations where concentrations in each year of the previous five-year measurement period has been lower than the long-term objectives, determined the number of sampling points for fixed measurements in accordance with annex IX, part b.
6. Each Member State shall ensure that within its territory and at least one sampling point is installed and operated to supply data on concentrations of the ozone precursor substances specified 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 the measurement of ozone in annex VI, part A, point 8. Other measurement methods may be used under the conditions laid down in annex VI, part b.
2. Each Member State shall notify the Commission of the methods it uses for the sampling and measurement of VOC listed in annex X.
CHAPTER III Article 12 AIR QUALITY MANAGEMENT Requirements, where the levels are lower than the limit values in zones and agglomerations where the content of sulphur dioxide, nitrogen dioxide, PM10, PM2, 5, lead, benzene and carbon monoxide in ambient air are below the respective limit values in Annexes XI and XIV, Member States levels of these substances under the limit values and shall endeavour to preserve the best ambient air quality compatible with sustainable development.
Article 13 limit values and alert thresholds for the protection of human health 1. Member States shall ensure that the air content of sulphur dioxide, PM10, lead, and carbon monoxide in their zones and urban areas do not exceed the limit values set out in annex XI.
With regard to nitrogen dioxide and benzene, the limit values set out in annex XI may not be exceeded from the dates mentioned therein.
Assessing whether these requirements are complied with, shall be carried out in accordance with annex III.
Tolerance margins set out in annex XI shall apply in accordance with article 22, paragraph 3, and article 23, paragraph 1.
2. the alert thresholds for concentrations of sulphur dioxide and nitrogen dioxide are set out in annex XII, part A.
Article 14 critical levels 1. Member States shall ensure compliance with the critical levels in annex XIII, as assessed in accordance with annex III, part a.
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 quantity referred to in annex V, section c. Where that information is supplemented by indicative measurements or modelling, the minimum number of sampling points can be reduced by up to 50% so long as the estimated concentration of the respective pollutant can be determined in accordance with the data quality objectives in Annex i part A.
Article 15 national exposure reduction target for PM2, 5 for the protection of human health 1. Member States shall take — insofar as this does not entail disproportionate costs — all necessary measures in order to achieve the national exposure reduction target for PM2, 5 laid down in annex XIV, section B, no later than the year specified therein.
2. Member States shall ensure that the average exposure indicator for 2015, as laid down in accordance with annex XIV, part A, does not exceed the exposure concentration obligation laid down in section C of the annex.
3. the average exposure indicator for PM2, 5 shall be valued in accordance with annex XIV, section a.
4. Member States shall ensure, in accordance with annex III, the distribution and number of sampling sites, which average exposure indicator for PM2, 5 are determined on the basis of, adequately reflects the general population exposure. The number of sampling points shall not be less than that resulting from the application of annex V, part b.
Article 16 PM2.5 target value and limit value for the protection of human health 1. Member States shall take — in so far as it does not entail disproportionate costs — all necessary measures in order to ensure that concentrations of PM2, 5 in ambient air do not exceed the target value of annex XIV, section D, from the date laid down therein.
2. Member States shall ensure that concentrations of PM2, 5 in ambient air do not exceed the limit value laid down in annex XIV, section E, in any of their zones or agglomerations as from the date specified therein. The assessment of whether this requirement is met, shall be carried out in accordance with annex III.
3. the Tolerance margin in part E of annex XIV shall apply in accordance with article 23, paragraph 1.
Article 17 requirements in zones and agglomerations within which ozone concentrations exceed target values and long-term objectives 1. Member States shall take — insofar as this does not entail disproportionate costs — all necessary measures in order to ensure that the target values and long-term objectives are achieved.
2. For zones and agglomerations in which a target value is exceeded, Member States shall ensure that the programme, drawn up in accordance with article 6 of Directive 2001/81/EC, and, where appropriate, an air quality plan is implemented in order to attain the target values from the date referred to in annex VII, part B of annex I to this directive, except where this cannot be achieved by measures which do not entail disproportionate costs.
3. For zones and agglomerations in which ozone levels are higher than the long-term objectives but below, or equal to, the target values, Member States shall prepare and implement cost-effective measures with the aim of achieving the long-term objectives. These measures shall at least comply with all air quality plans and the programme referred to in paragraph 2.
Article 18 requirements in zones and agglomerations where ozone concentrations meet the long-term objectives in the zones and agglomerations in which ozone levels meet the long-term objectives, maintaining the Member States, in so far as factors including the transboundary nature of ozone pollution and meteorological conditions permit, this level below the long-term objectives and preserves using reasonable measures the best ambient air quality compatible with sustainable development , as well as a high level of protection for the environment and human health.
Article 19 measures to be taken, if the information or alert threshold is exceeded If the information threshold or alert thresholds in any of annex XII will be exceeded, Member States shall take the necessary measures to inform the public through radio, television, newspapers or the Internet.
Member States shall, on a provisional basis the Commission with information concerning the levels recorded and the duration of the periods in which the warning or information thresholds were exceeded.
Article 20 Contributions from natural sources 1. Member States shall provide for a given year, the Commission lists of zones and agglomerations where exceedances of limit values for a given pollutant are attributable to natural sources. Member States shall submit information on concentrations and sources and the evidence that the exceedances are attributable to natural sources.
2. If the Commission has been informed of an exceedance attributable to natural sources in accordance with paragraph 1, shall be deemed the person exceeding not to be exceeded in accordance with this directive.
3. At the latest by 11. June 2010, the Commission shall publish guidelines for demonstration and subtraction of exceedances attributable to natural sources.
Article 21 Overruns as a result of sand or salt spread on the roads in winter 1. Member States may designate zones or agglomerations within which limit values for PM10 are exceeded in ambient air due to the resuspension of particulates following road-sanding or-salting in winter.
2. Member States shall send the Commission a list of such zones or agglomerations together with information on the concentrations of PM10 are occurring and PM10 sources.
3. When Member States shall inform the Commission in accordance with article 27, enclose the appropriate documentation to demonstrate that any exceedances are due to ophvirvlede particles, and that reasonable measures have been taken to reduce the concentrations.
4. In the case of zones or agglomerations referred to in paragraph 1, Member States shall only run air quality plans as provided for in article 23, if the exceedances are attributable to PM10 sources other than sanding or-salting of roads in winter, see. However, article 20.
5. Not later than 11. June 2010, the Commission shall publish guidelines for determination of contributions due to resuspension of particles as a result of sand or salt spread on the roads in winter.
Article 22 postponement of attainment deadlines and exemption from the obligation to apply certain limit values 1. Where compliance with the limit values for nitrogen dioxide or benzene in a given zone or agglomeration cannot be achieved within the time limits laid down in annex XI, a Member State may postpone those deadlines by a maximum of five years for that particular zone or agglomeration, on condition that an air quality plan shall be drawn up in accordance with article 23 for the zone or agglomeration that deferment would apply to; such an air quality plan shall be supplemented with the information listed in annex XV, part B, of the pollutants concerned, and demonstrate how the limit values be attained before the new deadline.
2. Where compliance with the limit values for PM10 as specified in annex XI in a given zone or agglomeration cannot be achieved because of site-specific dispersion characteristics, adverse climatic conditions or transboundary contributions, Member State shall be exempted from the obligation to apply those limit values until the 11. June 2011, provided that the conditions laid down in paragraph 1 are fulfilled and that the Member State demonstrates that, at national, regional and local level is taken all appropriate measures in order to comply with the time limits.
3. When 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 highest margin of tolerance laid down in annex XI for each of the pollutants.
4. Member States shall communicate to the Commission, where paragraph 1 or paragraph 2 of this article in your opinion are applicable, and shall communicate the air quality plan referred to in paragraph 1 including all relevant information necessary for the Commission to assess whether or not the relevant conditions are met. In the evaluation the Commission shall take into account the anticipated effects on air quality in the Member States, at present and in the future, the expected effects of measures taken by the Member States and the community as well as the expected impact of current Community measures and planned Community measures, which the Commission will present a proposal.
If the Commission has not made any objections within nine months of receipt of that notification, the relevant conditions for the application of paragraph 1 or 2 to be met.
If there are objections, the Commission may request Member States to adjust or provide any new air quality plans.
CHAPTER IV PLANS Article 23 air quality plans 1. If the level of pollutants in the air in certain zones or agglomerations exceeding a limit value or target value, plus any relevant margin of tolerance for it in this particular case, Member States shall ensure that run air quality plans for those zones and agglomerations in order to achieve the relevant limit value or target value in Annexes XI and XIV.
Exceeded these limit values for air quality plans must include appropriate measures deadline, so that the exceedance period will be the shortest possible. Air quality plans may also include specific measures designed to protect the sensitive population groups, including children.
The relevant air quality plans shall contain at least the information listed in annex XV, part A, and may include measures pursuant to article 24. These plans shall be communicated to the Commission forthwith, but not later than two years after the end of the year the first exceedance was registered.
If there is to be drawn up or implemented air quality plans for more pollutants, prepare and implement the Member States shall, where appropriate, overall air quality plans, covering all the pollutants concerned.
2. Member States shall ensure as far as possible consistency with other plans required under Directive 2001/80/EC, Directive 2001/81/EC and Directive 2002/49/EC, in order to achieve the relevant environmental objectives.
Article 24 short-term action plans 1. If in a zone or agglomeration is a risk that the levels of pollutants will exceed one or more alert thresholds set out in annex XII, Member States shall draw up, when it found appropriate, action plans indicating the measures to be taken in the short term in order to reduce this risk or limit the duration of that overshoot. If this risk applies to one or more limit values or target values in annexes VII, XI and XIV, Member States may, where it is found appropriate, draw up such short-term action plans.
Where, however, there is a risk that the alert threshold for ozone in annex XII, part B, will be exceeded, Member States shall draw up a short-term plan of action only when taking into account national geographical, meteorological and economic conditions, in your opinion, are significant opportunities to reduce the risk, duration or severity of such an exceedance. When the Member States shall draw up such short-term action plan, they shall take account of decision 2004/279/EC.
2. The short-term plans in paragraph 1, taking into account the facts and include effective measures to regulate and, if necessary, suspend certain activities, which contribute to the risk of exceeding the respective limit or target values or alert thresholds. These action plans may include measures relating to motor traffic, construction works, ships at berth, and the use of industrial plants or products as well as private heating installations. Specific measures designed to protect the sensitive population groups, including children, within the framework of these plans can also be considered.
3. When Member States have drawn up a short-term action plan, provides the public and to appropriate organisations such as environmental organisations, consumer organisations, organisations representing the interests of sensitive population groups, takes other relevant health-care bodies and the relevant professional organisations access to both the results of their investigations on the feasibility and the content of the individual short-termaction plans as the information on the implementation of these plans.
4. For the first time before the 11. June 2010 and at regular intervals thereafter, the Commission shall publish examples of best practice with regard to the drawing up of short-term action plans, including examples of best practices for the protection of sensitive befokningsgrupper, including children.
Article 25 long-range transboundary air pollution 1. If an alert threshold, limit value or target value, plus any margin of tolerance or long-term objective is exceeded due to significant transboundary movement of air pollutants or their precursors, the Member States concerned shall cooperate and, where necessary, draw up joint activities such as the preparation of joint or coordinated air quality plans pursuant to article 23 in order to remove such exceedances by means of appropriate but reasonable steps.
2. the Commission shall be invited to participate and assist in the cooperation referred to in paragraph 1. If necessary, the Commission is considering taking into account the reports established pursuant to article 9 of Directive 2001/81/EC, on further measures to be taken at Community level in order to reduce emissions of precursors that cause transboundary pollution.
3. If appropriate pursuant to article 24, Member States shall prepare and implement joint short-term action plans covering neighbouring zones in other Member States. Member States shall ensure that neighbouring zones in other Member States, which have developed short-term action plans receive all appropriate information.
4. If information or alert thresholds are exceeded in zones or agglomerations close to national borders, to be informed by the competent authorities in the neighbouring Member States concerned as soon as possible. This information will also be made available to the public.
5. In connection with the preparation of plans pursuant to paragraphs 1 and 3, and when the public is informed pursuant to paragraph 4, Member States shall endeavour, when it is appropriate to continue the cooperation with third countries, and in particular with candidate countries.
CHAPTER V INFORMATION and REPORTING Information to the public Article 26 1. Member States shall ensure that the public and appropriate organisations such as environmental organisations, consumer organisations, organisations representing the interests of sensitive population groups, takes other relevant health-care bodies and the relevant professional bodies adequately and in good time to be informed of the following: (a)) ambient air quality in accordance with annex XVI b) decisions for suspension in accordance with article 22, paragraph 1 (c)) exceptions under article 22, paragraph 2 (d)) air quality plans as provided for in article 22 paragraph 1, and article 23, as well as in article 17, paragraph 2, referred to programs.
The information made available for free through accessible media including the Internet or any other suitable telecommunication means, and taking into account the provisions of Directive 2007/2/EC.
2. Member States shall provide the public access to annual reports for all pollutants covered by this directive.
Those reports shall summarise the levels exceeding limit values, target values, long-term objectives and information and alert thresholds for the relevant averaging. This information is combined with a summary assessment of these exceedences. The annual reports can contain, as appropriate, further information and assessments on forest protection as well as information on other pollutants for which monitoring provisions of this directive, such as selected non-regulated ozone precursor substances referred to in article 6. Annex X, part b.
3. Member States shall make known, the competent authorities or the bodies designated to carry out the tasks laid down in article 3.
Article 27 transmission of information and reporting 1. Member States shall ensure that the Commission will have access to information on air quality within the required time limit as provided in the implementing measures referred to in article 28, paragraph 2.
2. With the specific objective to assess whether the limit values and critical levels are respected and target levels have been reached, must, in any event, such information shall be made available to the Commission no later than nine months after the end of each year and shall contain an indication of: (a)) the changes that the year in question is made in the register and the demarcation of the zones and agglomerations as defined in article 4 (b)) the list of zones and agglomerations where the level with regard to one or more pollutants are higher than the limit values plus the margin of tolerance, if any, or higher than target values or critical values, and for those zones and agglomerations: i) the assessed levels and, if necessary, the dates and periods when such levels were observed ii) if appropriate, an assessment of the contributions from natural sources and from the resuspension of particles as a result of sand or salt spread on the roads in winter to the assessed levels , which is given to the Commission in accordance with articles 20 and 21.
3. Paragraphs 1 and 2 shall apply to the information collected from the beginning of the second calendar year following the entry into force of the implementing measures referred to in article 28, paragraph 2.
Article 28 implementing measures 1. Measures designed to amend 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, paragraph 3.
The changes, however, must not involve any direct or indirect modification of the following: a) the limit values, exposure reduction targets, critical levels, target values, information or alert thresholds or long-term objectives in annex VII and Annexes XI-XIV, or b) deadlines for compliance with the parameters in (a)).
2. the Commission shall in accordance with the regulatory procedure referred to in article 29, paragraph 2, what additional information Member States should make available in accordance with article 27, as well as the time limits for the communication of this information.
The Commission shall determine in accordance with the regulatory procedure referred to in article 29, paragraph 2, also, how the reporting process for data and the mutual exchange of information and data from networks and individual stations measuring ambient air pollution within the Member States, can be streamlined.
3. the Commission shall draw up guidelines for the agreements on the establishment of common measuring stations as referred to. Article 6, paragraph 5.
4. the Commission shall publish guidelines for demonstration of equivalence referred to in article 6. Annex VI, part b.
CHAPTER VI COMMITTEE, transitional and FINAL PROVISIONS Article 29 Committee 1. The Commission shall be assisted by a Committee referred to as the "air quality Committee".
3. where reference is made to this paragraph, article 5a, paragraphs 1 to 4, and article 7 of decision 1999/468/EC shall apply. its article 8.
Article 30 Penalties Member States shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this directive and shall take all necessary measures to ensure its implementation. Penalties provided for must be effective, proportionate to the infringements and dissuasive.
Article 31 repeal and transitional provisions 1. Directive 96/62/EC, 1999/30/EC, 2000/69/EC and 2002/3/EC are repealed with effect from the 11. June 2010, without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law, or the application of the directives.
From the 11. However, the following shall apply: (a) June 2008) in Directive 96/62/EEC shall be replaced by article 12, paragraph 1, as follows: "1. the provisions relating to the transmission of the information to be provided in accordance with article 11, shall be adopted in accordance with the procedure laid down in paragraph 3."
(b)) of Directive 1999/30/EC, article 7, paragraph 7, footnote 1 in annex VIII, point at and point VI of annex IX.
c) Directive 2000/69/EC shall be deleted from article 5, paragraph 7, and section III of annex VII.
(d)) of Directive 2002/3/EC shall be deleted from article 9, paragraph 5, and section II of annex VIII.
2. Notwithstanding paragraph 1, first subparagraph, the following articles shall continue to apply: (a)) article 5 of Directive 96/62/EC until 31 December 2008. December 2010 b) article 11, paragraph 1, of Directive 96/62/EC and article 10, paragraph 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 provided for in this directive, article 28, paragraph 2 (c)), article 9, paragraphs 3 and 4 of Directive 1999/30/EC until 31 December 2008. December 2009.
3. References to the repealed directives shall be construed as references to this directive and shall be read in accordance with the correlation table in annex XVII.
4. Decision 97/101/EC is repealed with effect from the end of the second calendar year following the entry into force of the implementing measures provided for in this directive, article 28, paragraph 2.
However, the deletion of article 7, third, fourth and fifth indent, of decision 97/101/EC with effect from 11. June 2008.
Article 32 Revision 1. The Commission shall revise the provisions relating to PM2.5 in 2013 and, where appropriate, other pollutants and submit a proposal to the European Parliament and the Council.
As regards PM2, 5 shall be carried out the review, with a view to introducing a legally binding national exposure reduction obligation for compensation for the national exposure reduction target and to review the exposure concentration obligation laid down in article 15, inter alia. taking into account the following elements: – the latest scientific information from WHO and other relevant organisations – Member States ' air quality conditions and opportunities for reduction – the revision of Directive 2001/81/EC – progress with implementing community reduction measures for air pollutants.
2. the Commission shall take account of the possibility of introducing a more ambitious limit value for PM2, 5, revise the indicative limit value for PM2, 5 second stage and is considering to confirm or change the value.
3. As part of the review, the Commission shall draw up a report on the experience with and also the necessity of monitoring of PM10 and PM2, 5, taking into account technical progress in automatic measuring techniques. Where appropriate, new reference methods for measurement of PM10 and PM2, 5.
Article 33 implementation 1. Member States shall bring the laws, regulations and administrative provisions necessary to comply with this directive before 11. June 2010. They shall forthwith communicate to the Commission of those provisions.
2. Member States shall ensure that, no later than the 1. January 2009 created a sufficient number of urban background locations for measurement of PM2, 5, as are necessary for the calculation of the average exposure indicator, in accordance with section B of annex V, so that the timing and the terms of section A of annex XIV is respected.
Article 34 entry into force this Directive shall enter into force on the day of its publication in the official journal of the European Union.
Article 35 Addressees this directive is addressed to the Member States.
Done at Strasbourg, 21. May 2008.
50% – objective estimation Uncertainty 75% 100% 100% 75% 1) 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 greater than minimum time coverage for indicative measurements. Samplings carried out in the form of samples must be evenly distributed over the year in order to avoid skewing of results. The uncertainty due to random sampling can be determined using 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 for the limit value for PM10, should 90.4 percentile (which must be less than or equal to 50 µ g/m3) instead of on the number of overshootings shall be assessed, which is highly depending on the data coverage.
2) Distributed over the year in order to be representative of different climate and traffic conditions.
3) measuring a random day/week, evenly spread over a year, or 8 weeks evenly distributed over a year.
4) An arbitrary measurement a week evenly spread over a year, or 8 weeks evenly distributed over a year.
Assessment methods the uncertainty (expressed by a confidence interval at 95%) will be evaluated in accordance with the principles of the Cen Guide to the Expression of "Uncertainty in Measurement (ENV 13005-1999)", ISO 5725-method (1994) and the guidelines 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 in relation to the limit value (or target value by ozone) with a confidence interval of 95%. The uncertainty in connection with the fixed measurements should be interpreted as being applicable in the region of the appropriate limit value (or target value by ozone).
The uncertainty for modelling is defined as the maximum deviation of the measured and calculated concentration levels for 90% of the individual monitoring points in the period concerned in relation to the limit value (or target value by ozone) without regard to the timing of the events. The uncertainty for modelling shall be interpreted as being applicable in the context of the appropriate limit value (or target value by ozone). The fixed measurements that must be selected for comparison with the results of model calculation, must be representative of the scale used in model calculation.
The uncertainty in connection with objective estimation is defined as the maximum deviation of the measured and calculated concentration levels, over the period considered, in relation to the limit value (or target value by ozone) without regard to the timing of the events.
Minimum 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 is collected for zones and agglomerations within which sources other than measurement are used, in order to complement the measurement results or as the sole means of air quality assessment: – a description of the assessment activities – the specific methods used, with references to descriptions of the method – data and information sources – a description of results, including uncertainties and, in particular, a description of the extent of all areas or if it is appropriate , all vejlængder in a zone or agglomeration over which concentrations exceed any limit value, target value or long-term objective plus any applicable tolerance margin, and of all areas where concentrations exceed the upper or the lower assessment threshold – populations potentially exposed to concentrations in excess of a limit value for the protection of human health.
C. quality assurance of air quality assessment: data validation 1. To ensure accurate measurements and compliance with the data quality objectives, which are given in part (A), shall provide the relevant competent authorities and bodies designated pursuant to article 3, in order to ensure that – all measurements made in connection with the assessment of ambient air quality in accordance with article 6 and 9 are traceable in accordance with the requirements in section 5.6.2.2 of ISO/IEC 17025:2005 – institutions , who runs prøvetagningsnet and individual sampling stations, have a recognized quality assurance and quality control system, which includes regular maintenance that guarantees the accuracy of the measuring equipment – establishment of a procedure for quality assurance/quality control of the collection and transmission of data, and to the institutions, which is appointed to carry out this task, actively participating in the corresponding quality assurance programs for the community – the national laboratories, when appointed by the relevant competent authorities or the bodies designated pursuant to article 3 involved in the intra-Community comparisons of pollutants covered by this directive, are accredited or in the process of being accredited according to EN/ISO 17025 by 2010 at the latest as regards the reference methods referred to in annex VI. These laboratories are participating on the national territory in the coordination of EU-wide quality assurance programmes, organised by the Commission, also at the national level and coordinate the use of the reference methods and the demonstration of equivalence for other methods than the reference methods.
2. All data transmitted in accordance with article 27 shall be deemed to be validated, except data that is labeled as temporary.
50% of limit value (20 µ g/m3) 50% of limit value (12 µ g/m3) 1) The upper assessment threshold and the lower assessment threshold for PM2, 5 shall not apply to the measurements used to assess whether the objective of reducing exposure to PM2, 5 with a view to health protection are met.
6. Carbon monoxide 8-hour average upper assessment threshold 70% of limit value (7 µ g/m3) lower assessment threshold 50% of limit value (5 µ g/m3) B. determination of exceedances of upper and lower assessment thresholds exceedances of upper and lower assessment thresholds must be determined on the basis of concentrations during the previous five years where sufficient data are available. An assessment threshold shall be deemed passed if it has been exceeded during at least three each year out of the previous five years.
If there are less than five years of data, Member States may combine measurement campaigns of short duration during the period of the year and on the places that are the most 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.
--------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) in General, air quality is 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 section 2, in accordance with the criteria set out in part (B) and (C) with a view to identifying sampling points for fixed measurements. The principles set out in part (B) and (C) shall also apply, in so far as they serve to identify the specific locations where the concentration of the relevant pollutants shall be determined, and where air quality is assessed by means of indicative measurement or modelling.
2. On the following sites should not be assessed whether the limit values for the protection of human health are respected: (a)) any location within an area that the public does not have access to, and where there is no permanent habitation b) in accordance with article 2, paragraph 1, on factory areas or in industrial installations to which all relevant regulations on health and safety at work applies to c) lanes and midterrabatter except where pedestrians normally have access to the central reservation.
B. Macroscale siting of sampling points 1. Protection of human health a) sampling points with health protection sited, obtain information about the following: – the spots in zones or agglomerations where the population is assumed to be directly or indirectly exposed to the highest concentrations during a period which is significant in relation to the limit value midlingstid – levels in other areas within zones and agglomerations which are representative of the exposure , the population is exposed to.
b) sampling points shall be placed in such a way as to avoid measuring very small micro-environments in their immediate vicinity, which means that a sampling point must be located in such a way that the samples are representative of air quality in a street segment with a length of at least 100 m on busy sites, and at least 250 m × 250 m at industrial sites, when possible.
c) urban background locations should be placed in such a way that the level of pollution include the total contribution from all sources upwind of the station is located in. Pollution levels should not be dominated by a single major source of pollution, unless this situation is typical for a larger urban area. Sampling points should normally be representative for several square kilometers.
(d)) Where the aim is to assess background levels in a rural area, must not be influenced by the sampling zone agglomerations or industrial sites in its vicinity, i.e. areas less than five km away.
e) Where contributions from industrial sources are to be assessed, at least one sampling point in the nearest residential area in wind direction in relation to the source. Where the background concentration is not known, yet a sampling point is placed in the most common wind direction.
f) sampling points shall, where possible, also be representative of similar locations not in their immediate vicinity.
g) are taken into account, that it may be necessary to place the sampling points on islands, where this is necessary for the protection of public health.
2. Protection of vegetation and natural ecosystems sampling points for the protection of vegetation and natural ecosystems must be positioned 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 the sampling points should be placed so that the air samples is representative of air quality in a surrounding area of at least 1000 km2. Member States may, taking into account geographical circumstances or the opportunities to protect particularly vulnerable areas set sampling points within a shorter distance, or rely on them for the representative of air quality in a less used area.
C. microscale siting of sampling points, the following must be met: – as far as possible the flow around the inlet sampling probe should be unrestricted (in an arc of at least 270 °) without any obstructions affecting the airflow in the vicinity of the sampler (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 site be between 1.5 m (the breathing zone) and 4 m above the ground. Higher positions (up to 8 m) may in some cases be necessary. Higher siting may also be appropriate if the measuring point is representative of a large area – try the inlet probe shall not be positioned in the immediate vicinity of sources in order to avoid direct intake of emissions unmixed with ambient air – the sampler's exhaust outlet should be positioned so that recirculation of exhaust air to be avoided – by measuring of all pollutants, traffic-orientated sampling intake be at least 25 metres from the edge of major junctions , and no more than 10 m from the kerbside.
The following factors may also be taken into account: – disturbing sources – security – access – access to electrical power and telephone communications – visibility of the site in relation to its surroundings – the public and the operators ' safety – the desire to have the same sampling point for various pollutants – plan requirements.
D. Documentation and review of site selection the site selection procedures should already at the classification stage by such complete documentation in the form of as compass-point photographs of the surrounding area and a detailed map. Sites should be reviewed periodically reviewed with new documentation to ensure that the criteria for the election remains valid.
--------ANNEX IV MEASUREMENTS at BACKGROUND STATIONS in rural AREAS, without REGARD to the CONCENTRATION of a. Purpose the main purpose of such measurements are to ensure that there is sufficient information available on levels in the background. This information is essential in the context of the assessment of the higher concentration levels in more polluted areas (URf.eks. long-range transport, industrial areas, traffic areas), assess the possible contribution from air pollutants transported over long distances, such as support for source of differentiation analyses, and in connection with knowledge of specific pollutants, such as URf.eks. particles. It is also essential in the context of the frequent use of model calculations also for urban areas.
B. Substances measurements of PM2, 5 shall include at least the total mass concentration and concentrations of appropriate compounds, which describes the chemical composition. At a minimum, the chemical substances on the list below be included.
Der bør navnlig gennemføres målinger i landdistrikters baggrundsområder i overensstemmelse med bilag III, del A, B og C.
1) For nitrogendioxid, partikler, benzen og carbonmonoxid: Der skal være mindst en station til måling af bybaggrund og en trafikorientere t station, provided that this does not increase the number of sampling points. For these pollutants, the difference between the total number of urban background stations and the total number of traffic oriented stations in a Member State required under part A, section 1, be no more than a factor of 2. Sampling points shall, where the limit value for PM10 have been exceeded within the last three years, maintained, unless it is necessary to move them because of special circumstances, in particular land-use planning and development.
2) If PM2, 5 and PM10 are measured in accordance with article 8 at the same monitoring station, supposed to be made on two separate measurements, the sampling points. The difference between the total number of sampling points for PM2.5 and PM10 in a Member State required under part A, point 1, shall not be more than a factor of 2, and the number of sampling points for PM2.5 in urban areas-urban background and built-up urban areas shall meet the requirements set out in annex V, part b.
2. Point sources for the assessment of pollution in the vicinity of point sources, the number of sampling points for fixed measurement 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 objective of reducing exposure to PM2, 5 for the protection of human health for this purpose be provided one sampling point per million inhabitants for the agglomerations and other built-up areas with more than 100 000 inhabitants. These sampling points may coincide with sampling points in part (A).
C. minimum number of sampling points for fixed measurement to assess compliance with critical levels for the protection of vegetation in zones other than agglomerations Where the highest concentrations exceed the upper assessment threshold If the largest concentrations are between the upper and lower assessment thresholds 1 station every 20000 km2 1 station every 40 000 km2 in island zones the number of sampling points for fixed measurements taking into account the likely distribution patterns of ambient-air pollution and vegetation potential exposure.
--------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 a. Reference measurement methods 1. Reference method for the measurement of sulphur dioxide Reference method for the measurement of sulphur dioxide is that described in EN 14212:2005 "Ambient air quality — 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 14211:2005 "Ambient air quality — Standard method for the measurement of the concentration of nitrogen dioxide and nitrogen monoxide by chemiluminescence".
3. Reference method for the sampling and measurement of lead Reference method for the sampling of lead is that described in part A, point 4 of this annex. The reference method for the measurement of lead is described in a 14902:2005 "Standard method for measurement of Pb/Cd/As/Ni in the PM10 fraction of suspended particulate matter".
4. Reference method for the sampling and measurement of PM10 Reference method for the sampling and measurement of PM10 is that described in EN 12341:1999 ' Air Quality — Determination of the PM10 fraction of suspended particulate matter — Reference method and field test procedure to demonstrate reference equivalence of two measurement methods ".
5. Reference method for the sampling and measurement of PM2, 5 the Reference method for the sampling and measurement of PM2, 5 is that described in en 14907:2005 the "gravimetric method for the determination of the PM2, 5 mass fraction of suspended particulate matter".
6. Reference method for the sampling and measurement of benzene 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".
7. Reference method for the measurement of carbon monoxide Reference method for the measurement of carbon monoxide are those described in a 14626:2005 "Ambient air quality — Standard method for the measurement of the concentration of carbon monoxide by nondispersive infrared spectroscopy".
8. Reference method for the measurement of ozone Reference method for the measurement of ozone is that described in EN 14625:2005 "Ambient air quality — Standard method for the measurement of the concentration of ozone by ultraviolet photometry".
B. demonstration of equivalence 1. A Member State may use any other method which the Member State concerned can demonstrate will produce results that correspond to the methods mentioned in part (A), or, in the case of particulate matter, any other method which the Member State concerned can demonstrate stands in a consistent relationship to the reference method. In this case, the results obtained by this method, be corrected so that it provides results equivalent to those that would be achieved by using the reference method.
2. the Commission may require Member States to draw up and submit a report on the demonstration of equivalence in accordance with point 1.
3. for the assessment of whether the report referred to in paragraph 2 may be accepted, the Commission refers to its guidance for equivalence proof (published). If the Member States have applied temporary factors with a view to an approximate equivalence, these factors shall be confirmed and/or amended with reference to the Commission's guidance.
4. Member States should, where appropriate, ensure that the correction is also applied with retroactive effect on past measurements to ensure a better data comparability.
C. Standardisation Gaseous pollutants must be standardised at a temperature of 293 K and 101.3 kPa at an atmospheric pressure. For particulate matter and substances to be analysed in particulate matter (URf.eks. lead) the sampling volume refers to ambient conditions with regard to temperature and atmospheric pressure at the measurement date.
D. Introduction of new equipment All new equipment purchased for the purpose of implementing this directive, shall be in accordance with the reference method or equivalent prior to the 11. June 2010.
All equipment used for fixed measurements shall be in accordance with the reference method or equivalent at the latest on 11. June 2013.
E. mutual recognition of data Under the implementation of type approval to demonstrate that the equipment meets the performance requirements of the reference methods referred to in part (A), the competent authorities and bodies designated pursuant to article 3 shall accept test reports, which are produced in other Member States by laboratories approved in accordance with EN ISO 17025 for carrying out such testing.
1. Definitions AOT40 (expressed in µ g/m3 · h) believed the sum of the difference between hourly concentrations above 80 µ g/m3 (40 parts per billion (ppb)) and 80 µ g/m3 over a given period, solely on the basis of the 1 hour values measured between 16:00 daily. 8 and 20 CET (central European time).
*) Number of hours within the time period of AOT40 definition, applicable after (IE. kl. 08:00-20:00 CET every year during the period 1 May to 31 July for the protection of vegetation and annually during the period 1 april to 30 september for protection of forests).
AOT40 (calculated from 1 h values) 18000 µ g/m3 · h, measured as an average over 5 years 4) 1.1.2010 2) compliance with target values will be assessed as of this date, IE. that 2010 will be the first year in which the data are used to calculate the correlation in the following 3 or 5 years, if it is appropriate.
3) the maximum daily 8-hour mean concentration shall be selected on the basis of rolling 8-hour averages, calculated from hourly data and updated each hour. Each 8-hour average, calculated in this way must be endorsed for the day, the calculation ends, IE. to the first calculation period for any one day will be the period from 16:00. 5 pm the previous day until 8 pm. 01:00 on that day, and the last calculation period for any one day will be the period at. 16:00-24:00 on that day.
4) if the three or five year averages cannot be determined on the basis of a full and consecutive set of annual data, the minimum of the following annual data required for checking compliance with the target values: – for the target value for the protection of human health: quality-assured data for 1 year – for the target value for the protection of vegetation: quality-assured data for 3 years.
C. long-term objectives Goal Midlingstid long-term goal date for compliance with the long-term objectives of the protection of human health, the Daily maximum 8-timersmiddelværdi within 1 calendar year 120 µ g/m3 not provided for protection of vegetation may to July AOT40 (calculated from 1 hour values) 6000 µ g/m3 · (h) not defined--------ANNEX VIII criteria for classifying and locating sampling points for assessments of ozone concentration, the following conditions apply to fixed measurements: a. Overall placement criteria Type station purpose of measuring Representativeness 1) General placement criteria By Protection of human health: to assess the exposure of urban population to ozone, i.e. where population density and concentration of ozone is relatively high and representative of the exposure, as the entire population is exposed to a few square kilometres Distant from the influence of local emissions, as URf.eks. traffic, petrol stations, etc.
Unprotected places where concentrations are highly mixed.
Places like URf.eks. residential and commercial areas of cities, parks (not in the vicinity of trees), wide streets or squares with very little or no traffic, open areas, such as URf.eks. educational institutions, sports or recreational facilities.
At a certain distance from the areas with the biggest emissions, in the prevailing wind direction (is) in conditions favourable to ozone formation.
Where population, sensitive crops or natural ecosystems in an urban area's outer edges are exposed to high ozone levels.
To the extent necessary: also some suburban stations that are not placed in downwind from the area with the biggest emissions, for the determination of the regional background levels of ozone.
Rural area of protection of human health and vegetation: to assess the population, crops and natural ecosystems exposure to ozone concentrations in subregional scale Sub-regional levels (some hundred km2) Stations can be placed in small settlements and/or areas with natural ecosystems, forests or crops.
Representative for ozone concentration, without influence from nearby local emissions such as URf.eks. industrial installations and roads.
In open areas, but not on top of the higher mountains in rural Background protection of vegetation and human health: to assess crops and natural ecosystems exposure to ozone concentrations in regional scale as well as public exposure.
Regional/national/continental level (1 000 to 10 000 km2) Station located in areas with lower population density, URf.eks. with natural ecosystems, forests, at a distance of at least 20 km from urban and industrial areas and far from local emissions.
Avoid locations with locally-enhanced creation of mundane inversion conditions, also high mountain tops.
Coastal areas with strong local Diurnal variations in wind conditions is not recommended.
1) sampling points should, as far as possible, be representative of similar locations not in the immediate vicinity.
For stations in rural areas and for the background concentration in rural areas shall, where appropriate, be considered a coordination with the monitoring requirements of Commission Regulation (EC) No 1782/2003. 1737/2006 of 7. November 2006 laying down detailed rules for a European Parliament and Council Regulation (EC) No 1782/2003. 2152/2003 concerning monitoring of forests and environmental interactions in the Community2).
B. microscale siting as far as is practicable the procedure on microscale siting, laid down in annex III, part C, and to ensure also that the inlet intake is located remote from sources like URf.eks. smoke emissions from industrial furnaces and incinerators and more than 10 m from the nearest road, the strippers, the closer the traffic is.
C. Documentation and review of site selection Procedure in annex III, part D, be followed, given that monitoring data be examined and interpreted correctly, in the light of the meteorological and photochemical processes affecting the ozone concentrations measured at a given measuring station.
1) At least 1 station in suburban areas, where the population can be assumed to be exposed to the highest exposure. In urban areas should be at least 50% of the stations reside in the suburbs.
2) recommended 1 station per 25000 km2 in complex terrain.
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 must, in combination with other means of supplementary assessment, as URf.eks. air quality modelling and colocated nitrogen dioxide measurements, be sufficient to ensure that any trend in ozone pollution can be examined and the compliance with the long-term objectives shall be checked. The number of stations located in agglomerations or 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, should be retained at least 1 monitoring station. If this in zones where there is supplementary assessment shall be carried out, resulting in the fact that in a zone has no remaining station, coordination with the number of stations in neighbouring zones ensure adequate assessment of ozone concentrations in relation to the long-term objectives. The number of stations to measure background concentrations in rural areas should be 1 per 100 000 km2.
---------ANNEX X MEASUREMENTS of OZONE PRECURSOR SUBSTANCES a. Objective the main objectives of such measurements are to analyse any trend in ozone precursors, to check whether emission reduction strategies are effective and whether is correct, emission inventories and to help attribute emission sources to observed pollution.
An additional aim is to support the understanding of ozone formation and precursor dispersion, as well as the application of photochemical models.
1 3.5-trimethylbenzene, n-Butane 1-Penten Benzene formaldehyde in Butane-2-Penten Toluene total non-methane Hydrocarbons (C). The location of measuring stations are implemented in particular measurements in urban or suburban areas by monitoring stations established in accordance with the requirements of this directive and betra gtes as appropriate in relation to the monitoring objectives referred to in part (A).
--------ANNEX XI LIMIT VALUES for the PROTECTION OF HUMAN HEALTH a. criteria subject to the provisions of annex I, the following criteria shall be used to verify the data's validity in the context of aggregating data and calculating statistical parameters: Parameter Required proportion of valid data 1 hour values 75% (i.e. 45 minutes) 8-hour values 75% of values (i.e. 6 hours) Daily maximum 8-timersmiddelværdi 75% of the 1-hour-based rolling 8 hours mean values (i.e. 18 mean values (a) 8 hours/day) 24-hour values 75% of the hourly averages (i.e. at least 18 hour values-) annual average 90% 1) of the 1 hour values or (if not available) 24-hour values over one year 1) 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.
2) Already in force from 1. January 2005.
3) the maximum daily 8-hour mean concentration shall be selected on the basis of rolling 8-average, calculated from hourly data and updated each hour. Each 8-hour average, calculated in this way must be endorsed for the day, the calculation ends, IE. to the first calculation period for any one day will be the period from 16:00. 5 pm the previous day until 8 pm. 01:00 on that day, and the last calculation period for any one day will be the period at. 16:00-24:00 on that day.
4) Already in force from 1. January 2005. The limit value must first be reached before 1 January 2002. January 2010 in the immediate vicinity of the specific industrial sources situated on sites contaminated by decades of industrial activity. In such cases, the limit value until 1. January 2010 be 1.0 μg/m3. The area in which higher limit values apply must not go beyond 1000 m from specific sources.
--------ANNEX XII information and alert thresholds a. alert thresholds for pollutants other than ozone is measured over three consecutive hours at locations representative of air quality over at least 100 km2 or an entire zone or agglomeration, whichever the least used.
1 hour  240 µ g/m3 1) with a view to the implementation of article 24 must overrun of the threshold is measured or predicted for three consecutive hours.
--------ANNEX XIV NATIONAL EXPOSURE REDUCTION TARGET, TARGET VALUE and LIMIT VALUE FOR PM2, 5 a. average exposure indicator average exposure indicator in µ g/m3 (AEI) shall be valued on the basis of measurements of long-range transport in zones and agglomerations throughout the territory of the Member State. The indicator should be the annual mean concentration of 3 rolling calendar year averaged for all sampling points established see. Annex V, part b. AEI for the reference year 2010 is medium concentration of the years 2008, 2009 and 2010.
In the absence of data for 2008, Member States may, however, use means the concentration of the years 2009 and 2010 or product concentration of the years 2009, 2010 and 2011. Member States making use of these possibilities shall communicate their decisions to the Commission no later than 11. September 2008.
AEI for the year 2020 be the annual mean concentration over rolling three year averaged for all these sampling points for the years 2018, 2019 and 2020. AEI is used to examine whether the national exposure reduction target is reached.
AEI for 2015 be the annual mean concentration over rolling three year averaged for all these sampling points for the years 2013, 2014 and 2015. AEI is used to examine whether the national exposure reduction target is reached.
15% = 18-22 20% ≥ 22 < all appropriate measures in order to achieve 18 μg/m3 If AEI in the reference year is 8.5 µ g/m3 or less, set the objective of reducing exposure to zero. The goal of the reduction to zero also in cases where the AEI reaches a level of 8.5 g/m3 at any point between 2010 and 2020 and is maintained at or below that level.
1. January 2020 1) Phase 2 — the indicative limit value shall be revised by the Commission in 2013 on the basis of further information on health and environmental effects, technical feasibility and experience with the target value in Member States.
--------ANNEX XV Information which must be included in the local, regional or national air quality plans for the improvement of air quality (A). Information to be given in accordance with article 23 (air quality plans) 1. Geographic area in which the breach took place a) region b) city (map) c) measuring station (map, geographical coordinates).
2. General information a) art zone (city, industrial or rural area) b) estimated contaminated area (km2 and exposed population c) relevant climate data d) relevant topographical data e) sufficient information on the types of target groups, which makes it necessary to protect the area.
3. The competent authorities of the Names and addresses of individuals who are responsible for the preparation and implementation of plans for the improvement of air quality.
4. nature and assessment of pollution a) concentrations, as observed in previous years (before corrective action is initiated) 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) detailed information on the factors that contribute to the overrun (URf.eks. transport, including cross-border transport, formation of secondary pollutants in the atmosphere) (b)) detailed information on possible measures to improve the air quality.
7. Details of those measures or projects for improvement of air quality, which existed before September 11. June 2008, IE: a) local, regional, national, international measures b) effects which have been observed in connection with the measures.
8. Details of those measures or projects adopted with a view to the reduction of pollution after the entry into force of this directive: (a)) enumeration and description of all the measures planned under the project b) implementation schedule c) estimate of the improvement of air quality planned and of the time, which is estimated to be necessary in order to attain the quality objectives.
9. Details of the measures or projects planned or to be implemented in the long term, 10. List of publications, documents and other works, etc., used to supplement the information required pursuant to this annex b. information to be given in accordance with article 22, paragraph 1 1. All information listed in part (A).
2. Information on the status of the 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 relating to the measures to be taken against air pollution caused by emissions from motorkøretøjer1) 2) European Parliament and Council Directive 94/63/EC of 20. December 1994 on prevention of emissions of volatile organic compounds (VOC) at petrol storage and distribution of petrol from terminals to servicestationer2) 3) European Parliament and Council Directive 2008/1/EC of 15. January 2008 concerning integrated pollution prevention and control by forurening3) 4) European Parliament and Council Directive 97/68/EC of 16. December 1997 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 internal combustion engines to be installed in non-road mobile maskiner4) 5) European Parliament and Council Directive 98/70/EC of 13. October 1998 on the quality of petrol and dieselolie5) 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 anlæg6) 7) Council Directive 1999/32/EC of 26. April 1999 on the reduction of sulphur content of certain liquid brændstoffer7) 8) European Parliament and Council Directive 2000/76/EC of 4. December 2000 on the incineration of affald8) 9) European Parliament and Council Directive 2001/80/EC of 23. October 2001 on the limitation of emissions of certain pollutants into the air from large combustion plants 10) European Parliament and Council Directive 2001/81/EC of 23. October 2001 on national emission ceilings for certain atmospheric pollutants 11) European Parliament and Council Directive 2004/42/EC 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 autoreparationslakering9) 12) European Parliament and Council Directive 2005/33/EC of 6 May 2003. July 2005 amending Directive 1999/32/EC as regards the sulphur content of skibsbrændstoffer10) 13) of the European Parliament and of the Council Directive 2005/55/EC of 28 June 1999. September 2005 on the approximation of the laws of the Member States relating to 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 (LPG) as brændstof11) 14) European Parliament and Council Directive 2006/32/EC of 5. April 2006 on energy end-use efficiency and energitjenester12).
3. Information on all measures to combat air pollution, which is considered at the appropriate local, regional or national level in order to meet the 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) be equipped with emission control equipment or replaced b) reduction of emissions from vehicles using the installation of emission control equipment. Consideration should be given to use economic incentives to accelerate take-up c) green procurement with public authorities, in line with the Handbook on greener public procurement, in connection with the procurement of vehicles, fuels and combustion equipment, so that emissions be reduced, including the purchase of: – new vehicles, among other things. vehicles with low emission values – transport services with more environmentally friendly vehicles – stationary combustion sources with low emissions – low emission fuels for stationary and mobile sources (d)) methods to limit the emissions from transport by means of transport planning and management (including higher rates during peak hours, differentiated parking fees or other economic incentives, the introduction of "low emission zones") e) methods to promote a switch of modes of transport to less polluting ways f) measures to ensure that low emission fuels are used in small, medium and large stationary and mobile sources g) measures to reduce air pollution by using the approval system provided for in Directive 2008/1/EC, on the basis of the national plans under Directive 2001/80/EC and using economic instruments such as taxes, charges or emission trading h) where appropriate, measures for the protection of children or other vulnerable sections of the population health.
--------ANNEX XVI INFORMATION to CITIZENS 1. Member States shall ensure publication of up-to-date information on concentrations of the polluting substances covered by this directive.
2. Ambient concentrations be presented as average values referred to in article 6. the relevant midlingstider, laid down in annex VII and Annexes XI-XIV. This information shall at least indicate the levels exceeding air quality objectives, including limit values, target values, information and alert thresholds and the long-term objectives of the regulated pollutants. They must also include a brief assessment on 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 at least once a day and, where possible, the information is updated every hour. Information on concentrations of lead and benzene, in the form of an average value for the last 12 months, shall be updated every three months or every month, where possible.
4. Member States shall ensure that the public receives timely information about actual or predicted exceedances of the alert threshold or information threshold. The information shall include at least: (a) information on observed exceedance): – place or area of the exceedance – type of threshold exceeded (information or alert) – starting point for timeand duration – highest 1-hour concentration and in addition highest 8-hour mean concentration, in the case of ozone b) forecast for the following afternoon/day (s): – geographic area for the expected where exceedances of the information threshold or alert threshold – and/or expected changes in pollution (improvement , stabilisation or deterioration), together with the reasons for the changes c) information about the type of population concerned, possible health effects and recommended conduct – information about risk vulnerable populations – description of likely symptoms – suggested actions the population concerned should take, – indication of where there are available additional information d) information on preventive action to reduce pollution and/or exposure to it, an indication of the sectors with the most important sources , recommended measures to reduce emissions e) in the case of predicted exceedances, Member States shall take steps to ensure that there are published as accurate information, as is reasonably practicable.
Annex XVI – Article 8 Article 7 Article 6 as amended,--------STATEMENT by the COMMISSION the Commission takes note of the text of the directive on ambient air quality and cleaner air for Europe, as the Council and the European Parliament has adopted. The Commission notes in particular that the European Parliament and the Member States in article 22, paragraph 4, and paragraph 16 confers on Community measures for the control of atmospheric emissions at source.
The Commission is aware that the emissions of harmful air pollutants should be reduced, if there must be substantial progress towards the objectives set out in the sixth environment action programme. The Commission's communication on a thematic strategy on air pollution sets out a large number of possible Community measures. Since the adoption of the strategy has made significant progress in the implementation of these and other measures: – the Council and Parliament have already adopted new legislation limiting the exhaust emissions from light passenger cars and light commercial vehicles.
– The Commission has adopted a proposal for a new law aimed at enhancing the efficiency of Community legislation on industrial emissions, including from intensive agricultural installations and measures specifically aimed at smaller industrial combustion sources.
– The Commission has adopted a proposal for a new law aimed at limiting exhaust emissions from engines on heavy-duty vehicles.
– For 2008, the Commission plans new legislative proposals, such as: – will further reduce the Member States ' permitted national emissions of key pollutants – will reduce emissions from refuelling at petrol stations – will tighten the rules on the sulphur content of fuels including marine fuels.
– There is also preparing to examine the feasibility of: – to improve environmental design and reduce emissions from hot-water boilers and water heaters for household use – to reduce the content of solvents in paints, varnishes and vehicle refinishing products – to reduce exhaust emissions from non-road mobile machinery and thereby maximise the benefit of lower sulphur content in fuels for such machinery, as already proposed by the Commission.
– The Commission will, in addition, within the framework of The International Maritime organisation (IMO) to continue to advocate for tangible reductions in emissions from ships and has undertaken to bring forward proposals for Community measures, if the IMO has not put forward sufficiently ambitious proposals as foreseen in 2008.
However, on his initiative, the Commission keeps on better law-making and the requirement that the new proposal is supported by a comprehensive assessment of the impacts and benefits. In accordance with the Treaty establishing the European Community, the Commission will therefore continue to assess whether it is necessary to put forward new legislative proposals in that it reserves the right to determine whether and when it would be appropriate to submit such proposals.
DECLARATION by the NETHERLANDS the Netherlands has always advocated the development of an ambitious and effective European air quality policy and will continue to do so in the future. The Netherlands is therefore pleased that the Council and the European Parliament reached a compromise, and it would like to congratulate both the European Parliament and the Commission and the Presidency, with the result achieved. With the now adopted directive on air quality is being achieved progress both for the environment and for health!
As the Netherlands has already pointed out in the preparation of the common position, is the air quality in the Netherlands as a result of the cross-border nature of the heavily reliant on an effective European approach and will benefit greatly from it. For the Netherlands it has been important that the directive is a balanced package of European and national measures, combined with time limits also make goals realistic. Only then is it possible for Member States to reach the ambitious targets also really laid down.
The Netherlands welcomes the fact that the Commission will present Community measures in good time. If the targets are to be achieved throughout the EU on time, it is necessary to have a sound European policy based on prevention of pollution at source. The Netherlands points in the context, inter alia, on the lack of data and uncertainty about emissions and concentrations of especially fine particulate matter (PM2, 5). The Netherlands will, of course, do its utmost to achieve the objectives of the directive for the set time. With the knowledge that exists at the present time, this should by and large be possible. The Netherlands is in the process of developing a national cooperative programme on air quality, which must make it possible to achieve these goals for the set time also on the areas where emission limits even exceeded.
The Netherlands is pleased that the Council and the European Parliament be able to finish the second reading of the directive on air quality so that the directive can enter into force at the beginning of 2008. It is important for our national efforts, but also for efforts in the countries around us. The Netherlands will, of course, work energetically to ensure that it is using the national cooperation programme and all local and regional measures will be possible actually to achieve the European objectives for ambient air quality.
--------Annex 2 European Parliament and Council Directive 2004/107/EC of 15. December 2004 relating to arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons in ambient air, the European Parliament and the COUNCIL of the EUROPEAN UNION, having regard to the Treaty establishing the European Community, and in particular Article 175 (1), having regard to the proposal from the Commission, having regard to the opinion of the European economic and Social Committee1, after consulting the Committee of the Regions), in accordance with the procedure referred to in article 2512) , and on the basis of the following considerations: (1) on the basis of the principles set out in article 175 of the Treaty (3), it is in the sixth environment action programme is the adoption get by decision No 2/2000 of the European Parliament and of the Council. 1600/2002/Ec3), held that the need to reduce pollution to levels that have the least possible harmful effects for human health – with a special emphasis on sensitive population groups – and the environment as a whole, to improve the monitoring and assessment of air quality, including the deposition of pollutants and pollutants, and to provide information to the public.
(2) according to article 4, paragraph 1, of Council Directive 96/62/EC of 27. September 1996 relating to the assessment and management of luftkvalitet4) require the Commission to submit proposals for the regulation of the pollutants listed in annex I to the directive, taking into account the provisions of paragraphs 3 and 4 of the same article.
(3) research has shown that arsenic, cadmium, nickel and some polycyclic aromatic hydrocarbons are genotoxic and carcinogenic to humans, and that there can be no threshold below which these substances do not present a risk for human health. The effects on human health and the environment occurs via the presence in ambient air and via deposition. In some specific areas, it is not cost effective to reach such concentrations in ambient air of arsenic, cad mium, nickel and polycyclic aromatic hydrocarbons, that there is no significant risk to human health.
(4) in order to minimize airborne arsenic, cadmium, nickel and polycyclic aromatic hydrocarbons harmful effects for human health – with a special emphasis on sensitive population groups – and the environment as a whole, must be determined, as far as possible targets to be achieved. Benzo (a) pyrene should be used as a marker for the carcinogenic risk of polycyclic aromatic hydrocarbons in ambient air.
(5) the target values would not require measures indebæ rer disproportionate costs. What industrial plant concerned, will not result in other target levels in front of measures than the use of BAT (best available techniques) as required by Council Directive 96/61/EC of 24. September 1996 on integrated pollution prevention and fight off coats of forurening5), and they will certainly not lead to the closure of the plant. On the other hand, requires the Member States to take all cost-effective emissionsbe fighting measures in the relevant sectors.
(6) the target levels in this Directive shall not be regarded as mil jøkvalitetskrav as defined in article 2, paragraph 7, of Directive 96/61/EC, article 10 requires stricter conditions than those achievable by the use of BAT.
(7) in accordance with article 176 of the Treaty Member States may maintain or introduce more stringent protection measures with regard relating to arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons, provided that they are compatible with the Treaty and notified to The Commission.
(8) Where concentrations exceed certain assessment thresholds, should monitoring of arsenic, cadmium, nickel and benzo (a) pyrene be mandatory. Additional resources are used for the assessment of concentrations, can the required number of sampling points for fixed measurements shall be reduced. Further monitoring is foreseen by behind the grundskoncentrationerne in the air and of the baggrundsdeposi combination.
(9) Mercury is a substance that is very dangerous to human health and the environment. It seems everywhere in the environment and can form, methylmercury accumulates in organisms and in particular concentrated in organisms higher up the food chain. Mercury emitted into the atmosphere, can be transported over great distances.
(10) the Commission will, in 2005, present a sammenhæn lowing strategy with measures to protect human health and the environment but against discharges of mercury based on a life-cycle approach, taking into account production, use, waste treatment and emissions. In this context, the Commission should consider all appropriate measures with a view to reducing mercury-silver crowd in ecosystems on land and at sea, and thereby the ingestion of mercury via food, and avoiding mercury in certain products.
(11) the effects of arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons on human health, including via the food chain, and the environment as a whole, obtained via concentrations in ambient air and via are tion. Whereas account should be taken of the accumulation of these substances in the soil and to the protection of groundwater. In order to make the review of the directive in 2010, the easier the Commission and Member States should encourage research into the effects of arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons on human health and the environment, particularly via deposition.
(12) Standardised accurate measurement techniques and the same criteria for the location of measuring stations are important for the assessment of air quality, since the information collected thereby will be comparable throughout the community. It is recognised that it is important to determine the reference measurement methods. Com-Mission has already mandated the preparation of CEN standards for the measurement of the constituents in the air, for which fixed target values (arsenic, cadmium, nickel and benzo (a) pyrene), and for the deposition of heavy metals for rapid design and adoption. In the absence of CEN standard methods, the use of international or national standard reference measurement methods are allowed.
(13) information on the concentrations and deposition of regulated pollutants should be sent to The Commission as a basis for regular reports.
(14) the public should have easy access to up-to-date information on concentrations in air and deposition of regulated pollutants.
(15) Member States should determine the penalties applicable to infringements of the provisions of this directive and ensure that they are applied. Those penalties should be effective, proportionate and have a deterrent effect of its sanctions-know the effect.
(16) the measures for the implementation of this directive should be adopted in accordance with Council decision 1999/468/EC of 28 June 1999. June 1999 laying down the procedures for the exercise of implementing powers conferred on the Kommissionen6).
(17) the amendments necessary for adaptation of this directive to scientific and technical progress, should only relate to criteria and techniques for the assessment of concentrations and deposition of regulated pollutants pollutants or the details of how this information is then sent to the Commission. They should neither directly nor indirectly cause any alteration of the target values – HAS ADOPTED THIS DIRECTIVE: Article 1 Purpose the purpose of this directive is to: (a) establish a target value for the concentration) of arsenic, cad mium, nickel and benzo (a) pyrene in ambient air in order to prevent, mitigate or reduce arsenic, cadmium, nickel and polycyclic aromatic hydrocarbons to harmful effects on human health and the environment as a whole b) ensure that air quality in terms of arsenic, cadmium, nickel and polycyclic aromatic hydrocarbons, is maintained where it is good, and improved in other cases c) determine common methods and criteria for evaluation of concentrated residues of arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons in ambient air and 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 and of the deposition of arsenic, cadmium, mercury, nickel and polycyclic hydrocarbons, and happen to aromati public access to them.
Article 2 Definitions for the purpose of this directive the definitions in article 2 of Directive 96/2/EC 6, except for the definition of ' target '.
In addition, for the purposes of: (a)) ' target value ' means a concentration in air that is provided with the intention to avoid, prevent or reduce the harmful virk ences to human health and the environment as a whole and as much as possible, to be attained where possible over a given period (b)) ' total deposition or bulk ' means the total mass of pollutants which is transferred from the atmosphere to surfaces (URf.eks. soil, vegetation, water, buildings, etc.) in a specific area within a specified time (c)) "upper assessment threshold" shall mean a level specified in annex II, under which a combination of measurements and modelling techniques to assess ambient air quality in accordance with article 6, paragraph 3, of Directive 96/62/EC d) "lower assessment threshold" shall mean a level specified in annex II, under which the assessment of air quality can be based solely on modelling techniques or objective-estimation techniques in accordance with article 6 (4) of Directive 96/62/EC e)» fixed measurements "shall mean measurements which will take place at fixed sites either continuously or by random sampling, in accordance with article 6, paragraph 5, of Directive 96/62/EC f) ' arsenic ', ' cadmium ', ' nickel ' and ' benzo (a) pyrene" mean the total content of these elements and compounds in the PM10 fraction g) ' PM10 ' shall mean particulate matter which passes through a size-selective inlet as defined in EN 12341 with a 50% efficiency cut-off at 10 µm aerodynamic diameter (h)) ' polycyclic aromatic hydrocarbons ' : organic compounds that consists of at least two condensed aromatic rings and only contain carbon and hydrogen in)» Mercury form in everything ': vapors of elemental mercury (Hg0) and reactive gaseous mercury form, IE. water soluble mercury-silver compounds with a high vapour pressure, so that they can trade the existence in gas-phase.
Article 3 Targets 1. From the 31. December 2012, Member States shall take all necessary measures, which do not involve large costs, uforholdsmæs term to ensure that the concentration of arsenic, cadmium, nickel and benzo (a) pyrene, used as a marker for cancer risk of polycyclic aromatic hydrocarbons in ambient air, as assessed in accordance with article 4, do not exceed the target value laid down in Annex i.
2. Member States shall draw up a list of zones and agglomerations in which arsenic, cadmium, nickel and benzo [a] pyrenni performance level is below the respective target values. Member States shall stand in those zones and agglomerations in the level of these contaminants below the target value and will endeavour to preserve the best ambient air quality compatible with sustainable development ling.
3. Member States shall draw up a list of zones and agglomerations in which the target values in Annex i is exceeded.
For those zones and agglomerations clarifies Member States which places exceedance and the sources contributing thereto. Those sites proves Member States that all necessary measures have been taken that do not involve excessive costs and is specifically aimed at the main pollution sources in order to attain the target values. For industrial installations covered by Directive 96/61/EC, implies that the application of BAT as defined in article 2 (3). 11 of that directive.
Article 4 Assessment of concentrations in ambient air and deposition 1. Air quality with respect to arsenic, cadmium, nickel and benzo (a) pyrene shall be assessed by the Member States on their entire territory.
2. In accordance with the criteria referred to in paragraph 7 is mandatory in the following zones: foals measurement a) zones and agglomerations in which the levels are be-tween the upper and the lower assessment threshold, and (b)) other zones and agglomerations in which the levels of-exceed the upper assessment threshold.
These measurements may be supplemented by modelling techniques to provide an adequate level of information with regard to air-quality.
3. A combination of measurements as referred to in annex IV, section I, inter alia. indicative measurements 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, see. Annex II, section II.
4. In zones and agglomerations where the levels are below the lower assessment threshold, to be determined see. Annex II, title II, it must be possible to use only ringsteknikker modelling or objective-estimation techniques for assessing levels.
5. where pollutants have to be measured, the measurements shall take place at fixed sites either continuously or by random sampling. The number of measurements must be large enough that the levels can be determined.
6. The upper and lower assessment thresholds for arsenic, cadmium, nickel and benzo (a) pyrene in ambient air shall be those listed in annex II, section I. The classification of the individual zones and urban areas-which for the purposes of the application of this article shall be reviewed at least every five years in accordance with the procedure laid down in this directive, annex II, section II. Classification shall be reviewed in the event of significant changes 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 target values are specified in annex III, sections I and II. In annex III, section IV sets out the minimum number of sampling points for fixed measurements of concentrations of each pollutant kon, and these spots will be placed in each zone and agglomeration, where each measurement is required if fixed measurement is the sole source of data on concentrations there.
8. Member States shall monitor other relevant polycyclic aromatic hydrocarbons at a smaller number of measurement sites in order to assess the contribution of air from benzo (a) pyrene. These links shall include at least: benzo [a] anthracene, benzo [b] fluoranthene, benzo [j] fluoranthene, benzo [k] fluoranthene, indeno [1,2,3-cd] pyrene and dibenzo [a, h] anthracene. Monitoring sites for these polycyclic aromatic hydrocarbons co-located with sampling sites for benzo (a) pyrene and shall be elected in such a way that it is possible to detect geographic variation and long-term trends. Annex III, section I, II and III, fin-use there.
9. Irrespective of concentration levels should be placed behind the grundsprøveudtagningssted for every 100 000 km2 for the indicative measurement in the air of arsenic, cadmium, nickel, mercury-form in everything, benzo (a) pyrene and the other polycyclic aromatic hydrocarbons referred to in paragraph 8 and 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 mutual agreement and in accordance with guidelines to be established in accordance with the procedure referred to in article 6, set up one or several common measuring stations, covering neighbouring zones in Member States that are adjacent to each other, to achieve the necessary spatial resolution. It is also recommended to measure particulate matter and gaseous divalent mercury form. When appropriate, overvågnin gen coordinated with Emep (cooperative programme for monitoring and evaluation of the transport of air pollutants over large distances in Europe) monitoring strategy and measurement programme. Sampling sites for these pollutants should place-res in such a way that it is possible to detect geographic variation and long-term trends. Annex III, section I, II and III shall apply.
10. use of bio-indicators can be envisaged where ecosys stem the regional patterns to be assessed.
11. For zones and agglomerations within which information from fixed measurement stations is supplemented by information from other sources, URf.eks. emission inventories, indicative measurement methods and air quality modelling, the number of fixed measuring stations to be created, and the other of all the spatial resolution shall be sufficient for the concentrations of air pollutants can be determined in the above in accordance with annex III, section I and annex IV, section I.
12. Data quality objectives are laid down in annex IV, section i. If air quality models for the assessment are used, see annex IV, title II shall apply.
13. the Reference methods for the sampling and analysis of arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons set out in annex V, section I, II and III. Annex V, section IV contains the reference techniques for the measurement of the total deposition of arsenic, cadmium, mercury, nickel and polycyclic aromatic carbon sulfide, and annex V, section V contains the reference techniques for air quality modelling when such techniques are available.
14. The Member States shall notify not later than on the date laid down in article 10 the Commission of the methods used for the fore løbige assessment of ambient air quality in accordance with the provisions of article 11, no. 1 (d)) of Directive 96/62/EC.
15. Any changes in order to adapt the provisions the provisions of this article and in annex II, section II and annex III to V to scientific and technical progress shall be adopted in accordance with the procedures in article 6, but pure should not result in any direct or indi Rect changes to target values.
Article 5 submission of information and reporting 1. With regard to the zones and agglomerations in which just one of the target values in Annex i is exceeded, Member States shall submit the following information to the Commission: (a)) a list of those zones and agglomerations b) areas of exceedance (c)) the assessed values d) reasons for exceedance of concentration, in particular the sources promoting ker therefor e) the population exposed to such exceedance.
In addition, Member States shall report all data assessed in accordance with article 4, unless already reported under Council decision 97/101/EC of 27. January 1997 on the mutual exchange of information and data from networks and individual stations measuring ambient air pollution within the medlemsstaterne7).
The information to be reported for each calendar year no later than 30 June. September in the following year, the first time for the calendar year following 15. February 2007.
2. In addition to the information provided for in paragraph 1, Member States shall transmit any measurements made with-before of article 3.
3. the Commission shall ensure that any information that is submitted pursuant to paragraph 1 shall immediately be made available to the public in an appropriate way, URf.eks. via the Internet, press and other lettil available media.
4. the Commission shall, in accordance with the procedure laid down in article 6 the details concerning the functioning of the information prescribed in paragraph 1 shall be submitted.
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. its article 8.
Article 7 public information 1. Member States shall ensure that clear and comprehensible information on ambient concentrations of arsenic, cadmium, mercury, nik-kel and benzo (a) pyrene and the other polycyclic aromatic hydrocarbons referred to in article 4, paragraph 8, and of the deposition of arsenic, cadmium, mercury, nickel and benzo (a) pyrene and the other polycyclic aromatic hydrocarbons referred to in article 4, paragraph 8, is available and routinely made available to the public and to appropriate organisations such as miljøorga organisations , consumer organisations, organisations representing the interests of sensitive population groups, and takes other relevant health-care bodies.
2. Among the information shall also indicate any annual over tolerances of the target values for arsenic, cadmium, nickel and ben zo [a] pyrene, which is laid down in Annex i. indicate why and on what place overruns have occurred. There must also be given a brief assessment on the target value and appropriate information regarding effects on health and the environment.
Given indication of any measures taken pursuant to article 3, to the organisations referred to in paragraph 1.
3. data made available through URf.eks. the Internet, press and other easily accessible media.
Article 8 report and review 1. No later than 31 December. December 2010, the Commission shall submit to the European Parliament and the Council a report (a)) on experience gained in the application of this directive, in particular on the results of b) the latest scientific research into the effects on human health, with particular emphasis on sensitive population groups and for the environment as a whole, by exposure to arsenic, cadmium, mercury, nickel and polycykli happen aromatic hydrocarbons, as well as c) on technological developments including the progress achieved in methods of measuring and evaluation of concentrations of these pollutants in ambient air and deposition thereof.
2. In the report referred to in paragraph 1, the emphasis is on foals lowing: a) the current air quality and trends and projections to 2015 and later b) the scope for making further reductions in polluting emissions across all relevant sources of EMI and the possible benefits of introducing limit values with a view to reducing the risk to human health for the pollutants listed in Annex i taking into account the technical nemførlighed and cost-effectiveness as well as the gene appli elle significant additional health and environmental protection, as this would imply c) the link between pollutants and opportunities for combined strategies for improving procedures by air quality lead in the community and related objective d) current and future requirements for informing the public and the exchange of information between Member States and Commission e) experience with the application of this directive in Member States , especially the conditions with which the measurements are performed under, see. Annex III f) secondary economic benefits for the environment and human health by reducing emissions of arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons, in so far as these can be assessed g) adequacy of the particle size fraction used for sampling on the basis of the General requirements for measuring particles h) benzo [a] pyrens fitness as a marker for the total carcinogenic polycyclic hydrocarbons and systematic aro activity, taking into account the polycyclic aromatic hydrocarbons that predominantly occurs in gaseous form, such as fluoran then.
In the light of the latest scientific and technological developments, the Commission also examines the effects of arsenic, cadmium and nickel on human health with a view to kvantifi cation of these substances genotoxic carcinogenicity. On the basis of the measures adopted pursuant to the mercury strategy, the Commission should also consider whether further measures for mercury will be adequate, taking into account technical gene nemførlighed and cost-effectiveness and any significant additional health and environmental protection, as this would involve.
3. In order to bring the ambient concentrations down to a level that will reduce the harmful effects to human health and cause a high level of protection for the environment as a whole, the report referred to in paragraph 1, taking into account whether or not further action is technically feasible and cost-effective, possibly accompanied by proposals to amend this directive, taking into account in particular the results of ter obtained in accordance with paragraph 2. In addition, the Commission is considering a possible regulation of the deposition of arsenic, cadmium, mercury, nickel and specific polycyclic aro and systematic hydrocarbons.
Article 9 Penalties Member States shall determine the sanctions to be apply in violation for breaches of the national provisions issu des pursuant to this directive and shall take all the measures necessary to ensure the implementation of them. Penalties for the municipalities shall be effective, proportionate and dissuasive.
Article 10 implementation 1. Member States shall bring into force the laws, regulations ative provisions necessary to comply with this directive before 15. February 2007. They shall forthwith inform the Commission thereof.
These laws and regulations to be adopted shall contain a reference to this directive or shall be accompanied by such reference publication. The detailed rules for the reference to be determined by the Member States.
Article 11 entry into force this Directive shall enter into force on the twentieth day after that late in the official journal of the European Union.
Article 12 Addressees this directive is addressed to the Member States.
Done at Strasbourg, on 15 May. December 2004.
Cadmium 5 ng/m3 Nickel 20 ng/m3 Benzo (a) pyrene 1 ng/m3 1) the total content in the PM10 fraction averaged over a calendar year.
II. Determination of exceedances of upper and lower assessment thresholds being exceeded by the upper and lower assessment thresholds must be determined on the basis of concentrations during the previous five years where sufficient data are available. An assessment threshold shall be deemed passed if it has been exceeded during at least three calendar years out of those previous five years.
In the absence of information for less than five years, the 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, and thus determine exceedances of the upper and lower assessment ringstærskler.
--------ANNEX III location and minimum number of sampling points for the measurement of concentrations in ambient air and deposition rates i. Macroscale siting of sampling points should be placed in such a way – that provided information on the locations in zones and agglomerations where the population is assumed to be directly or indirectly exposed to the highest concentrations averaged over a calendar year – that provision of data on levels in other locations in zones and agglomerations which are representative of the population exposed to levels in General – that provision of data on deposition rates representing the indirect exposure of the population gene-easy food chain.
Sampling points should in General be placed in such a way as to avoid measuring very small micro-environments in their immediate vicinity. As a general rule, a sampling point should be placed in such a way that the samples are representative of air quality in a surrounding area of at least 200 m2 on heavily trafficked sites, at least 250 m × 250 m in indus triom advises when it is possible, and of several square kilometres at urban background locations.
If the aim is to assess background levels, the sampling site should not be influenced by agglomerations or industrial sites in its vicinity, i.e. areas at a distance of less than a few km.
Where contributions from industrial sources are to be assessed, at least one sampling point in the nearest residential area in the wind direction. Where the background concentration is not known, yet a sampling point is placed in the forward-prevailing wind direction. Sampling points should, especially when article 3, paragraph 3, shall apply, so that the application of BAT can be monitored.
Sampling points should also, as far as possible, be representative of similar locations not in their immediate vicinity. Where appropriate, they should be co-located with sampling points for PM10.
II. Microscale siting the following guidelines must be met: – as far as possible the flow around the inlet sampling probe should be unrestricted and without any obstructions affecting the airflow in the vicinity of the sampler (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 sampler's intake funnel be between 1.5 m (the breathing zone) and 4 m above the ground. Higher positions (up to 8 m) may be necessary under certain circumstances. Higher siting may also be appropriate if the station is representative of a large area.
-The sampler's intake should not be positioned in the immediate vicinity of sources, so the direct intake of emissions unmixed with ambient air, be avoided.
-The sampler's return outlet should be positioned so that the exhaust air is not sucked into the sampler.
– Traffic-orientated sampling points should be at least 25 metres from the edge of major junctions and at least 4 m from the Centre of the nearest traffic lane. Inlets should be sited so as to be representative of air quality near the building line.
– For the deposition measurements in background areas in rural areas should Emep guidelines and criteria, as far as possible, apply where not otherwise provided for in the annexes.
Account should also be taken of the following factors: – interfering sources – security – access – the possibilities for connection to the electricity and telephone-visibility of the site in relation to its surroundings – the public and the operators ' safety – the desire to have the same sampling point for various pollutants – plan requirements.
III. Documentation and review of site selection procedures for the choice of location should be fully documented at the classification stage by such means as compass punktsbilleder of the surrounding area and a detailed map. Sites should be reviewed periodically to review with repeated documentation, thereby ensuring that the selection criteria are still met.
IV. Criteria for determining numbers of sampling points for fixed measurement of concentrations of arsenic, cadmium, nickel and benzo (a) pyrene in ambient air minimum number of sampling points for fixed measurement to assess compliance with target values for the protection of human health in zones and agglomerations where fixed measurement is the sole source of information.
5 2 2 1) should include at least a background station in cities and for benzo (a) pyrene also one traffic-oriented station provided that the number of sampling points shall not thereby be increased.
(b) point sources) for the assessment of pollution in the vicinity of point sources is determined by the number of prøveudtagningsste for fixed measurement taking into account emission densities, the likely distribution patterns of luftforur Association and potential exposure of the population.
The sampling points should be placed in such a way that the application of BAT as defined in article 2 (3). 11 of Directive 96/61/EC can be monitored.
--------ANNEX IV Data quality objectives and requirements for air quality models in. Following data quality Data quality is given as a guide to quality assurance.
50% indicative measurement *) 14% 14% 14% 33% *) indicative measurement being measurements carried out at reduced frequency, but meeting the other data quality objectives.
The uncertainty (expressed at a confidence level of 95%) by the methods used for the assessment of concentrations in ambient air shall be assessed in accordance with the principles of the Cen Guide to the Expression of Uncertainty ' in Measure-ment ' (ENV 13005-1999), ISO 5725-method (1994) and the guidelines in the ' CEN Report Air Quality — Approach to uncertainty estimation for ambient air reference measurement methods (CR 14377:2002E) '. Uncertainty the percentages specified for individual measurements, which are calculated as an average over typical sampling period for a 95%-confidence interval. The uncertainty associated with the measurements should be interpreted as being applicable in the region of the appropriate target value. Fixed and indicative measurements must be distributed evenly over the year in order to avoid distorted 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. For the measurement of benzo (a) pyrene and other polycyclic aromatic hydrocarbons requ-ves there sampling over a full 24 hours. Individual samples taken over a period of up to one month, may with care be combined and analyzed as a composite sample, if the method ensures that the samples are stable for the period in question. The three congener benzo [b] fluoranthene, benzo [j] fluoranthene and benzo [k] fluoranthene can be difficult to dissolve analytical. In such cases, they can be reported together. Sampling over a full 24-hour is also advisable for the measurement of arsenic, cadmium and nickel concentrations. Sampling must be evenly distributed over the days of the week and throughout the year. For the measurement of the deposition is recommended monthly or weekly tests throughout the year.
Member States may use wet only instead of bulk sampling sampling if they can demonstrate that the difference between them is less than 10%. Deposition rates should generally be expressed in µ g/m2 per day.
Member States may apply a minimum time coverage lower than indicated in the table, however, not lower than 14% for fixed measurements and 6% for indicative measurements, if they can show that the expanded uncertainty at 95% of the annual average, calculated from the data quality objectives in the table according to ISO 112 22:2002 –» Determination of the uncertainty of the time average of air quality measurements ' , are met.
II. Requirements for air quality models If an air quality model is used for assessment, indicated references to descriptions of the model and information on the uncertainty. The uncertainty for modelling is defined as the maximum deviation between the measured and calculated concentration levels, over an entire year without taking into account, when the results of the measurements are recorded.
III. Requirements for objective estimation When used objective estimation, uncertainty must not be greater than 100%.
IV. Standardization Of substances to be analysed in the PM10 fraction, the sampling volume refers to ambient conditions.
--------ANNEX V Reference methods for assessment of concentrations in ambient air and the deposition of. Reference method for the sampling and analysis of arsenic, cadmium and nickel in ambient air Reference method for the measurement of arsenic, cadmium and nickel concentrations in ambient air is under standardization by CEN and will be based on manual PM10 sampling equivalent to EN 12341, followed by dissolution of the samples and analysis by atomic absorption spectrometry or ICP mass spectrometry. So long as the absence of a CEN standardised method, Member States are allowed to use national standard methods or ISO standard methods.
Member States may also use other methods, as they can demonstrate gives results similar to those mentioned here.
II. Reference method for the sampling and analysis of polycyclic aromatic hydrocarbons in ambient air Reference method for the measurement of benzo [a] pyrene concentrations in ambient air is under standardization by CEN and will be based on manual PM10 sampling equivalent to EN 12341. So long as the absence of a CEN standard method for benzo (a) pyrene or the other polycyclic aromatic hydrocarbons referred to in article 4, paragraph 8, Member States may use national standard methods or ISO methods such as URf.eks. ISO standard 12884.
Member States may also use other methods, as they can demonstrate gives results equivalent to the here mentioned.
III. Reference method for the sampling and analysis of mercury in the air as the reference method for the measurement of the concentration of mercury vapor in all in the air using an automated method based on atomic absorption spectrometry or atomic fluorescence spectrometry,. So long as the absence of a CEN standardised method, Member States are allowed to use national standard methods or ISO standard methods.
IV. Reference method for the sampling and analysis of the deposition of arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons Reference method for the sampling of deposited arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons shall be based on the exposure of cylindrical deposit gauges with standard dimensions. So long as the absence of a CEN standardised method, Member States are allowed to use national standard methods.
V. Reference air quality modelling techniques Reference air quality modelling techniques cannot be specified at this time. All changes in order to adapt this point to scientific and technical progress shall be adopted in accordance with the procedure referred to in article 6.
--------Official notes 1) Ordinance contains provisions transposing the European Parliament and of the Council Directive 2008/50/EC of 21. in May 2008, the official journal of the European Union 2008 nr. L 152, page 1 and European Parliament and Council Directive 2004/107/EC of 15. December 2004, the official journal of the European Union 2005 nr. L 23, page 3.
1) OJ C 195 of 18.08.2006, p. 84.
2) OJ C 206 of 29.8.2006, p. 1.
3 26.9.2006) opinion of the European Parliament of (OJ C 306 E, 15.12.2006, p. 102) 25.6.2007, Council common position of (OJ C 236 E, 6.11.2007, p. 1) and position of the European Parliament of 11.12.2007. Council decision of 14.4.2008.
4) OJ L 242 of 10/9/2002, p. 1.
5) OJ L 296 of 21.11.1996, p. 55. Amended by European Parliament and Council Regulation (EC) No 1782/2003. 1882/2003 (OJ L 284 of 31.10.2003, p. 1).
6) OJ L 163 of 29.6.1999, p. 41. Amended by Commission decision 2001/744/EC (OJ L 278 of 23.10.2001, p. 35).
7) OJ L 313 of 13.12.2000, p. 12.
8) OJ L 67 of 9.3.2002, p. 14.
9) OJ L 35 of 5.2.1997, p. 14. Amended by Commission decision 2001/752/EC (OJ L 282 of 26.10.2001, p. 69).
10) OJ L 23 of 26.1.2005, p. 3.
11) OJ L 171 of 27.6.1981, p. 11.
OJ L 309 of 27.11.2001) 12, s. 22. As last amended by Council Directive 2006/105/EC (OJ L 363 of 20.12.2006, p. 368).
13 OJ L 309 of 27.11.2001), p. 1. As last amended by Council Directive 2006/105/EC.
OJ L 189 of 18.7.2002) 14, p. 12.
15 OJ L 24 of 29.1.2008), p. 8.
16 OJ L 87 of 25.03.2004), p. 50.
17) OJ L 108 of 25.4.2007, p. 1.
18 OJ C 321 of 31.12.2003), p. 1.
OJ L 184 of 17.7.1999) 19, p. 23. Amended by decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).
20) Council Directive 89/654/EEC of 30. November 1989 on the minimum health and safety requirements in relation to the workplace (OJ L 393 of 393,30.12.1989, p. 1). The European Parliament and of the Council amended by Directive 2007/30/EC (OJ L 165 of 27.6.2007, p. 21).
2) OJ L 334 of 30.11.2006, p. 1.
1) OJ L 76, 6.4.1970, p. 1 of. As last amended by Directive 2006/96/EC (OJ L 363 of 20.12.2006, p. 81).
2) OJ L 365, 31.12.1994, p. 24. As amended by Regulation (EC) No 1782/2003. 1882/2003 (OJ L 284 of 31.10.2003, p. 1).
3 OJ L 24 of 29.1.2008), p. 8.
4) OJ L 59 of 27.2.1998, p. 1. As last amended by Directive 2006/105/EC.
OJ L 350 of 28.12.1998) 5, p. 58. As last amended by Regulation (EC) No 1782/2003. 1882/2003.
6) OJ L 85 of 29.3.1999, p. 1. As last amended by European Parliament and Council Directive 2004/42/EC (OJ L 143, 30.4.2004, p. 87).
7) OJ L 121 of 11.5.1999, p. 13. As last amended by European Parliament and Council Directive 2005/33/EC (OJ L 191 of 22.7.2005, p. 59).
OJ L 332 of 28.12.2000) 8, s. 91.
9) OJ L 143, 30.4.2004, p. 87.
10 OJ L 191 of 22.7.2005), p. 59.
11) OJ L 275 of 20.10.2005, p. 1. As last amended by Regulation (EC) No 1782/2003. No 715/2007 (OJ L 171 of 29.6.2007, p. 1).
12 OJ L 114 of 27.04.2006), p. 64.
1) OJ C 110, 30.4.2004, p. 16.
2 20.4.2004) opinion of the European Parliament of (not yet published-made in the official journal), Council decision of 15.11.2004.
3) OJ L 242 of 10/9/2002, p. 1.
4) OJ L 296 of 21.11.1996, p. 55. Amended by European Parliament and Council Regulation (EC) No 1782/2003. 1882/2003 (OJ L 284 of 31.10.2003, p. 1).
OJ L 257 of 10.10.1996) 5, p. 26. As last amended by Regulation (EC) No 1782/2003. 1882/2003.
OJ L 184 of 17.7.1999) 6, p. 23.
7) OJ L 35 of 5.2.1997, p. 14. Amended by Commission decision 2001/752/EC (OJ L 282 of 26.10.2001, p. 69).