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Executive Order Relating To The Assessment And Management Of Ambient Air Quality

Original Language Title: Bekendtgørelse om vurdering og styring af luftkvaliteten

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Overview (in Contents)

Chapter 1The area of decision

Chapter 2Assessment of the air quality

Chapter 3Control of the air quality.

Chapter 4Plans, etc.

Chapter 5Air pollution

Chapter 6Information to the public

Chapter 7Provisional provisions

Annex 1

Annex 2

Report on assessment and control of air quality1)

Pursuant to Section 14(2) and Section 80(1) of the European Union, pursuant to Section 1757 of 22 December 2006:

Chapter 1

The area of decision

§ 1. This notice includes the following substances:

1) Carbon dioxide (SO2).

2) Nitrogen dioxide (NO2).

3) 3) Nitrogen oxides (NOx x x).

4) P articles (PM10 10 and PM2.5).

5) Bly (Pb).

6) Ozon (O3).

7) Benzen.

8) Carbon monoxide (CO).

9) Polycyclic aromatic hydrocarbons (PAH).

10) Cadmium (Cd).

11) Arsen (As).

12) Nickel (Ni).

13) Silver (Hg).

§ 2. The Danish Environmental Protection Agency is in accordance with Directive 2008/50/EC and 2004/107/EC responsible for:

1) to assess the air quality,

2) to approve measurement systems,

3) 3) to ensure the accuracy of measurements,

4) analyze assessment methods,

5) coordination in its area if the Commission organises Community programmes for quality assurance and

6) cooperation with other Member States and the Commission.

Substances. 2. Directives 2008/50/EC and 2004/107/EC have been admitted as Annex 1 and 2 to this notice.

Chapter 2

Assessment of the air quality

§ 3. The Danish Environmental Protection Agency shall enter into zones and urban areas. Assessment and control of air quality is carried out in all zones and urban areas in accordance with Directive 2008/50/EC and Directive 2004/107/EC.

§ 4. In accordance with the applicable assessment thresholds set out in Directive 2008/50/EC, Annex II, Part A, and Directive 2004/107/EC, Annex II, Part I and the long-term objectives of ozone in Annex VII, Part C to Directive 2008/50/EC. The Danish Environmental Protection Agency assesses the air quality in accordance with the classification and criteria set out in Annex III to Directive 2008/50/EC.

Chapter 3

Control of the air quality.

§ 5. The following target and limit values, information and alert threshold values, critical levels and long-term objectives are used:

1) Limit values and any tolerance margins for SO2, NO2, benzen, CO, lead and particles (PM10 10 and PM2.5) in Annex XI and XIV to Directive 2008/50/EC.

2) Kritisk levels for SO2 and NOx x x Annex XIII to Directive 2008/50/EC.

3) 3) The value of PM2.5 Annex XIV, Part D to Directive 2008/50/EC.

4) Measures and long-term targets for ozone in Annex VII to Directive 2008/50/EC.

5) Measurement values for arsen, cadmium, nickel and benzo[a]pyren as a marker for PAH in Annex I to Directive 2004/107/EC.

6) Information threshold value for ozone and alert threshold values for SO2 and NO2 Annex XII of Directive 2008/50/EC.

Substances. 2. The Danish Environmental Protection Agency checks compliance No 1 and 2 to ensure compliance with the above limit values, tolerance margins and critical levels.

3. The Danish Environmental Protection Agency checks compliance with no 3, 4 and 5 in order to take the necessary measures which do not result in excessive expenditure, in order to achieve the measured values and long-term objectives. The arsen, cadmium, nickel and benzo[a]pyren as a marker for PAH as mentioned in No 5, the measures are first taken from 31 December 2012.

4. The Danish Environmental Protection Agency monitors the achievement of national targets for reducing exposure to PM2.5foreseen in Annex XIV, Part B of Directive 2008/50/EC, for the purposes of taking all necessary measures, in so far as it does not cause excessive expenditure.

5. The Danish Environmental Protection Agency monitors that the indicator of average exposure of PM2.5 for 2015, as the Danish Agency lays down in accordance with Directive 2008/50/EC Annex XIV, Part A, does not exceed the exposure concentration set out in Part C of the Annex X Directive.

§ 6. If the information threshold value for ozone or some of the warning threshold values for SO2, NO2 or ozone is exceeded, in accordance with Annex XII of Directive 2008/50/EC, the Danish Environmental Protection Agency shall ensure that the necessary steps to provide the public through radio, television, newspapers or internet.

§ 7. The implementation of the measures taken pursuant to this notice, as well as new air polluting activities shall not affect the substantial deterioration of air quality in areas where the level of air pollution is under the limit values.

Chapter 4

Plans, etc.

Air quality plans

§ 8. If a limit value or a target value as well as any relevant tolerance margins in Annex XI and XIV to Directive 2008/50/EC are exceeded in certain zones or urban areas, the Danish Environmental Protection Agency prepares air quality plans for the area concerned and urban areas to reach the target and limit values. If the target or limit value is exceeded for more than a substance, the Danish Environmental Protection Agency shall prepare the overall plan for the substances concerned.

Substances. 2. The air quality plans must at least contain the information listed in Annex XV, Part A and may contain measures referred to in Section 9. If the limit values are exceeded after the date in which they enter into force, the air quality plans must contain suitable measures, so the duration of the exceeds the shortest possible. In addition, the air quality plans may contain measures to protect sensitive populations, including children.

3. The Danish Environmental Protection Agency’s proposal for or amending air quality plans referred to in paragraph 1 and 2 shall be carried out in cooperation with the municipal councils and other relevant authorities.

Section 9. If the target value of arsen, cadmium, nickel and benzo[a]pyren is exceeded on 31 December 2012 or later in one or more zones and urban areas, the Danish Environmental Protection Agency shall set up a list showing where the exceeds occur and which sources contribute to the excess. The Danish Environmental Protection Agency shall inform other competent authorities of exceeding and sources in order to ensure that the main sources of pollution are taken all necessary measures which do not involve excessive costs, in order to achieve the objective value.

Long-term action plans

Section 10. In a zone or urban area, the risk of exceeding one or more alert thresholds in Annex XII to Directive 2008/50/EC shall prepare the Danish Environmental Protection Agency if it finds appropriate short-term action plans. If this risk applies to one or more limit values or values in Annex VII, XI and XIV to Directive 2008/50/EC, the Danish Environmental Protection Agency can prepare short-term action plans when it is appropriate for the assessment of the Danish Environmental Protection Agency. The action plans shall contain measures to be taken in the short term to reduce the risk or limit the duration of the exceeding.

Substances. 2. If there is a risk that the warning threshold value for ozone in Annex XII, Part B, to Directive 2008/50/EC will be exceeded, the Danish Environmental Protection Agency will only prepare a short-term action plan when national, geographical, meteorological and economic conditions after the assessment of the Danish Environmental Protection Agency are essential opportunities to reduce the risk of duration or seriousness of such exceeding.

3. The drafting of short-term action plans is carried out in cooperation with the municipal councils and other relevant authorities.

4. The short-term action plans in paragraph 1 and 2 may include effective measures to regulate and, if necessary, set certain activities that contribute to the risk of exceeding the respective limit or target values or alert threshold values. The plans may include measures relating to motor traffic, works, ships by quarrel and use of industrial plants or products, private heating systems and special measures to protect sensitive populations, including children.

§ 11. For zones and urban areas where the target value for ozone is exceeded, the Danish Environmental Protection Agency monitors that the national programmes prepared under the order of emission ceilings for sulphur dioxide, nitric oxides, volatile organic compounds and ammonia, and, in order to achieve an air quality plan, are carried out in order to achieve the values set out in Annex VII to Directive 2008/50/EC.

However, this does not apply if the Danish Environmental Protection Agency considers that the necessary measures in the programme or the air quality plan will lead to excessive expenditure.

Chapter 5

Air pollution

§ 12. If an alert threshold value, a limit value or a target value as well as a possible tolerance margin or a long-term objective is exceeded due to significant cross-border transfer of air pollutants or their precursors, the Danish Environmental Protection Agency cooperates with the authorities of the other Member States and prepares if necessary common or coordinated air quality plans with adequate and reasonable measures.

Substances. 2. Where applicable pursuant to Section 10, the Danish Environmental Protection Agency cooperates with the authorities of other Member States to prepare and initiate joint short-term action plans for neighbour zones. The Danish Environmental Protection Agency shall send relevant information to the competent authorities of other Member States.

3. If the information or warning threshold values referred to in Section 6 are exceeded in zones or urban areas close to the border of foreign countries, the Danish Environmental Protection Agency shall notify this as soon as possible to the competent authorities of the neighbour Member States.

Chapter 6

Information to the public

§ 13. In order to give the public opportunity to pronounce, the Danish Environment Agency must conduct public advertising in local magazines and nationwide newspapers of proposals or changes to the following plans and programmes:

1) Air quality plans referred to in section 8.

2) Long-term action plans referred to in Section 10.

3) 3) Applications by Section 11.

Substances. 2. The advertisement shall contain information about

1) The address of the Danish Environmental Protection Agency

2) that anyone has the right to see the proposal for or the change of the plan or program and

3) 3) that anyone has the right to comment on the proposal within a specified period of at least 3 and no more than 6 weeks from the advertising.

3. The Danish Environmental Protection Agency shall conduct public advertising on the adoption of the plan or the adoption of the programme and on the grounds and considerations laid down for the adoption.

§ 14. The Danish Environmental Protection Agency informs the public and relevant organisations, including health-related bodies and business organisations, whether the following:

1) Information on the air quality in accordance with Annex XVI to Directive 2008/50/EC.

2) Information about concentration in the air of arsen, cadmium, mercury, nickel and benzo[a]pyren and other relevant polycyclic aromatic hydrocarbons.

3) 3) Lists over the exceeding values and possibly trufne measures after Section 9.

4) Decisions on compliance with limit values for NO2 or benzen under Article 22 of Directive 2008/50/EC.

§ 15. The Danish Environmental Protection Agency shall ensure that the public will gain access to Annual Reports for all oversights of limit values, target values, long-term objectives and information threshold values for the relevant average calculation periods for the pollutants covered by this notice. The Annual Report is combined with an overall assessment of the effects of the exceedions and may also contain information about pollutants which are not covered by this notice.

§ 16 The information transmitted to the public according to 13 13, 14 and 15 must be up to date, clear, understandable and easily accessible.

Chapter 7

Provisional provisions

§ 17. The decision shall enter into force on 4 July 2010.

Substances. 2. Decision No 137 of 10 February 2007 on target and limit values for the content of certain pollutants is repealed.

Ministry of Environment, 30 June 2010

Karen Ellemann

/ Anne-Marie Rasmussen


Annex 1

Directive 2008/50/EC of the European Parliament and of the Council

May 21, 2008

about the air quality and cleaner air in Europe

THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF THE COUNCIL UNION HAR —

Having regard to the Treaty establishing the European Community, and in particular Article 175 thereof,

Having regard to proposals by the Commission,

Having regard to the opinion of the European Economic and Social Committee1),

Having regard to the opinion of the Committee of the Regions2),

after the procedure of Article 251 of the Treaty3) 3), and

from the following considerations:

(1) In the sixth environmental action adopted by the decision of the European Parliament and of the Council No. 1600/2002/EC of 22 July 20024), it was determined that it is necessary to reduce pollution to a level where there are less possible harm to human health, with particular emphasis on the most vulnerable populations, and the environment as a whole, to improve monitoring and the assessment of air quality, including the position of pollutants, and to inform the public.

(2) To protect human health and the environment as a whole, it is particularly important to combat emissions of pollutants by the source and to identify and implement the most effective emission reduction measures at local and national level as well as at Community level. Therefore, emissions of harmful air pollutants should be avoided, prevented or reduced, and appropriate targets for the air quality should take account of the standards of the World Health Organization, guidelines and programmes.

(3) Council Directive 96/62/EC of 27 September 1996 on the assessment and control of air quality5), Council Directive 1999/30/EC of 22 April 1999 on air quality limit values for sulphur dioxide, nitrogen dioxide and nitrogen oxides, particles and lead in the air6), Directive 2000/69/EC of the European Parliament and of the Council of 16 November 2000 on the limit values of benzen and carbon monoxide in the air7)Directive 2002/3/EC of the European Parliament and of the Council of 12 February 2002 on the content of ozone8) and Council Decision 97/101/EC of 27 January 1997 establishing a mutual exchange of information and data from networks and individual stations measuring air pollution in Member States9) should significantly be reviewed to incorporate the latest health and scientific progress and the experience of Member States. In terms of clarity, simplification and administrative efficiency, it is therefore appropriate to replace these five acts with a single Directive and in respect of implementing measures.

(4) When sufficient experience in the implementation of Directive 2004/107/EC of the European Parliament and of the Council of 15 December 2004 on arsen, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons in the air10) It may be considered to gather the provisions of this Directive.

(5) A common approach should be brought to the assessment of air quality after common assessment criteria. When the air quality is assessed, it should be taken into account the size of the populations and ecosystems exposed to air pollution. Therefore, each Member State’s area should be divided into zones and urban areas after population density.

(6) If possible, model calculations should be used so that the geographical distribution of concentration can be derived from point data. This will be able to serve as a basis for the calculation of the collective exposure of the population in that area.

(7) In order to ensure that the collected information on air pollution is sufficient representative and comparable to the entire Community, it is important that standardized measurement techniques and common criteria for the number of measurement stations and placement of the air quality assessment. Other techniques can be used than measurements to assess the air quality, and therefore it is necessary to establish criteria for the use and accuracy of such techniques.

(8) In addition, detailed measurements of fine particles should be carried out on country localities to better understand this pollution effects and prepare appropriate measures. Such measurements should be made in a way consistent with those carried out in the cooperation programme for monitoring and assessing the transport of air pollutants across large distances in Europe (EMEP) established by the Convention on cross-border pollution across large distances approved by Council Decision 81/462/EEC of 11 June 1981;11).

(9) The state of the air quality should be maintained where it is already good or improved in other cases. When the air quality objectives of this Directive have not reached, Member States should go into, so that the limit values and the critical levels are observed and the target values and long-term objectives as far as possible.

(10) The risk of vegetation and natural ecosystems from air pollution is greatest in the places located outside urban areas. Assessment of such risks and of the fact that critical levels are adhered to the protection of vegetation should therefore be concentrated on areas outside urban buildings.

(11) Fine particles (PM2.5) has significant negative effects on human health. There is also no lower threshold under which PM2.5 not constitute a risk. This pollutants should therefore not be regulated in the same way as the other air pollutants. The approach should aim to a general reduction of the concentration in the city background to ensure that large parts of the population benefit from improved air quality. However, to ensure a minimum of health protection should be combined with a limit value after an initial target value.

(12) The existing target values and long-term objectives to ensure effective protection against the harmful effects of ozone impacts on human health, plant growth and ecosystems should not be changed. A notification threshold value and an information threshold value for ozone should be provided for the protection of the population in general and particularly sensitive groups thereof for short exposures of high ozone concentrations. These threshold values should provide information to the public about the risk of ozone impact and when appropriate, the implementation of short-term measures to reduce the ozone levels where the alert threshold is exceeded.

(13) Ozon is a cross-border pollutants formed in the air from emissions of primary pollutants referred to in Directive 2001/81/EC of 23 October 2001 on national emission ceilings for certain air pollutants12). The progress of achieving the air quality objectives and the long-term objectives of ozone in this Directive should be determined based on the objectives and emission ceilings set out in Directive 2001/81/EC and, when appropriate, by the implementation of air quality plans set out in this Directive.

(14) It should be obliged to conduct fixed measurements in zones and urban areas where long-term targets for ozone or the assessment thresholds for other pollutants have passed. Information from fixed measurements can be supplemented by model calculations and/or Indicative measurements so that the geographical distribution of concentration can be derived from point data. The use of supplementary assessment techniques should also enable the minimum number of fixed sampling points.

(15) Contributes from natural sources can be assessed, but not controlled. Where sufficient safety can be determined that natural sources contribute to pollutants in the air, and where the transitions can be wholly or partly attributed to these natural contributions, these can therefore be set out in this Directive by the assessment of whether the air quality meets the limit values. Excess of the partial substance PM10 10- limit values as a result of sand or salt spread on the roads in winter can also be calculated by the assessment of whether the air quality meets the limit values provided that there are reasonable measures to reduce concentration.

(16) For zones and urban areas with particularly difficult conditions, it should be possible to extend the deadline for compliance with the air quality limit values in cases where appropriate measures to combat pollution are acute problems with compliance in specific zones and urban areas. A exposure to a zone or urban area should be accompanied by a general plan to be assessed by the Commission to ensure compliance within the extended period of time. It is important to dispose of the necessary Community measures which reflect the level of ambition chosen in thematic strategy of air pollution, in order to reduce emissions by the source, to achieve an effective reduction of emissions within the time limit set out in this Directive for the fulfilment of the limit values and should be taken into account when requests for the postponement of the deadline for compliance with the provisions are assessed.

(17) All institutions concerned should, in essence, prioritise a study of the Community necessary measures to reduce emissions by the source, in particular, measures to improve the efficiency of Community legislation on emissions from industry, to limit exhaust emissions from motors in heavy vehicles, to further reduce Member States' national emission ceilings for important pollutants and emissions in connection with the filling of fuel for petrol cars on service stations, and to reduce sulphur content in fuels, including in ship fuels.

(18) Air quality plans should be prepared for zones and urban areas where the air concentration of pollutants exceeds the relevant air quality measurement values or limit values, plus any temporary tolerance margins when relevant. Air pollutants are emitted from many different sources and activities. In order to ensure compliance with different policies, such air quality plans should be coherent with and integrated into plans and programmes prepared pursuant to Directive 2001/80/EC of the European Parliament and of the Council of 23 October 2001 on the limitation of certain air polluting emissions from large combustion plants;13)Directive 2001/81/EC and Directive 2002/49/EC of the European Parliament and of the Council of 25 June 2002 on the assessment and control of external noise14). It will also take full account of the air quality objectives set out in this Directive when authorisation is granted to industrial business in accordance with Directive 2008/1/EC of the European Parliament and of the Council of 15 January 2008 on integrated prevention and combating pollution15).

(19) Actions should be prepared with the indication of the measures to be taken in the short term when there is a risk of exceeding one or more alert thresholds, to reduce this risk and limit the duration thereof. Where the risk applies to one or more limit values or target values, Member States may, when appropriate, set up such short-term action plans. As regards ozone, such short-term action plans should take into account the provisions of the Commission Decision 2004/279/EC of 19 March 2004 on guidance in the implementation of Directive 2002/3/EC of the European Parliament and of the Council on the content of ozone16).

(20) Member States should consult with each other if the level of a pollutant exceeds or may be expected to exceed the relevant air quality measurements plus when relevant, the allowed tolerance margin or, in the given case, the notification threshold value resulting from significant pollution originating in another Member State. Due to the cross-border disabling of pollutants, such as ozone and particles, coordination between neighbour Member States may be required in connection with the preparation and implementation of air quality plans and short-term action plans and in connection with the notification of the public. When relevant, Member States should continue cooperation with third countries, in particular candidate countries should be involved at an early stage.

(21) It is necessary that Member States and the Commission collect, exchange and convey information about air quality to get a better knowledge of the impacts of air pollution and bring a purposeful policy. Updated information on the air concentration of all regulated pollutants should also be easily accessible to the public.

(22) To make the treatment and comparison of information about air quality easier, data should be accessed by the Commission in standardized form.

(23) It is necessary to adapt the procedures for notification, assessment and reporting of air quality data, so it is possible to use electronic means and the Internet as the main tools to provide information, and so the procedures are in accordance with Directive 2007/2/EC of the European Parliament and of the Council of 14 March 2007 establishing an infrastructure for geographical information in the Community (Inspire)17).

(24) It should be possible to customize the criteria and techniques used for assessing the air quality, to the scientific and technical development and to adjust the information to be reported.

(25) The objectives of this Directive cannot be sufficiently achieved by the Member States and can therefore, because of the cross-border nature of air pollutants, be better achieved at Community level; The Community can therefore take measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as referred to in Article, this Directive does not go beyond what is necessary to achieve those objectives.

(26) Member States should lay down rules on penalties for infringements of the provisions of this Directive and ensure that they are enforceable. The 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 current air quality limit values for nitrogen dioxide until they are replaced by others from 1 January 2010, ensure the continuation of the provisions on reporting air quality until new implementation measures are adopted and ensure the continuation of the obligations for interim assessment of air quality pursuant to Directive 2004/107/EC.

(28) The obligation to transpose this Directive in national legislation should be limited to the provisions which constitute a contental modification compared to the previous directives.

(29) In accordance with point 34 of the Interinstitutional Agreement on Better Law18) Member States are encouraged to, both in their own and Community interest, to prepare and disclose their own overviews, which, as far as possible, demonstrate the conformity of this Directive and implementing measures.

(30) In this Directive, the fundamental rights and the principles recognised in, among other things, the Charter of Fundamental Rights of the European Union. In particular, the Directive aims to promote the integration of a high level of environmental protection and better environmental quality of EU policies in accordance with the principle of sustainable development as set out in Article 37 of the Charter of Fundamental Rights of the European Union.

(24) The necessary measures to implement this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission;19).

(32) The Commission should be empowered to amend Annex I-VI, VIII-X and XV. Since general measures are designed to amend non-essential provisions of this Directive, the measures shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 5a of Decision 1999/468/EC.

(33) The implementation clause imposes Member States to ensure that the necessary urban background measurements are made in good time, so the indicator of average exposure can be determined to ensure compliance with the assessment of the national targets for reducing exposure and the calculation of the average exposure indicator;

DIRNING DIRNING:

KAPITEL

GENERAL PURPOSE

Article 1

Purpose

This Directive lays down measures for:

1) to define and fix the objective of the air quality in order to avoid, prevent or limit harmful effects on human health and the environment as a whole

2) assessing the air quality of Member States on the basis of common methods and criteria

3) 3) to obtain information about the air quality as help combat air pollution and genes and monitor long-term trends and improvements as result of Member States and Community measures

4) ensure that the information on the air quality is available to the public

5) to maintain the air quality where it is good and improve it in other cases

6) promoting increased cooperation between Member States to reduce air pollution.

Article 2

Definitions

This Directive is understood by:

1) "air": outdoor air in the sphere of faith, except in workplaces defined in Directive 89/654/EEC20)Where provisions on health and safety at work apply and where the population does not regularly have access

2) "polating substance": a substance in the air that may have harmful effects on human health and/or the environment as a whole

3) 3) "level": the concentration in the air or the position of a pollutant on surfaces within a given time

4) " Assessment": a method of measurement, calculation, prediction or estimation of levels

5) ‘limited value’ means a level established on a scientific basis in order to avoid, prevent or reduce the harmful effects of human health and/or the environment as a whole that must be reached within a given period and which must not be exceeded when it has reached

6) "critical level": a level established on a scientific basis, and above which can act directly harmful effects on certain receptors, such as trees, other plants or natural ecosystems, but not on humans

7) "tolerance margin": the percentage of the limit value that this value may be exceeded in accordance with the conditions set out in this Directive

8) "air quality plans": plans in which measures are set to reach limit values or target values;

9) "measure value": a level determined to avoid, prevent or reduce harmful effects on human health and/or for the environment as a whole, and as far as possible must be reached during a given period

10) ‘variation threshold value’ means a level which, in case of oversight, involves a health risk for people at short-term impact on the population as a whole, and where Member States should immediately take measures

11) "information threshold value": a level, above which is a health risk for people by short-term influence for special sensitive populations, and where it is necessary to provide relevant information

12) "øve assessment threshold": a level that can be used a combination of fixed measurements and model calculations and/or Indicative measurements to assess the air quality

13) "neighing assessment threshold": a level, under which it is sufficient to use model calculation or techniques for lens estimation to assess the air quality

14) “longed objective” means the level to be reached in the long term for the effective protection of human health and the environment, unless it cannot be made using proportionate measures

15) "tributes from natural sources": emissions of pollutants, which are not directly or indirectly due to human activities, including nature events such as volcanic eruption, seismic activity, geothermal activity, natural fires, storms, dust rain from the sea or atmospheric the transport of natural particles or transport of natural particles from dry areas

16) "zone": a part of the territory of a Member State which the Member State concerned has bound to assess and control air quality

17) "cooked area": a zone that is a city area with a population of more than 250000 inhabitants or when the population is 250000 inhabitants or below, with a population density per km2Member States lay down

18) "PM10 10": the particles that pass through a sizedchive si as defined in the reference method for sampling and measuring PM10 10 EN 12341 with 50% effective cutting at 10 μm aerodynamic diameter

19) "PM2.5": the particles that pass through a sizedchive si as defined in the reference method for sampling and measuring PM2.5 EN 14907 with 50% effective cutting at 2.5 μm aerodynamic diameter

20) " indicators for average exposure": an average level set on the basis of measurements on city-back stations across the territory of a Member State and reflecting the exposure of the population. It is used for calculating the national target for reducing exposure and the obligation on exposure concentration

21) "The obligation on exposure concentration": a level determined on the basis of the average exposure indicator in order to limit the harmful effects of human health and which must be reached during a given period

22) "national targets for reducing exposure": a percentage reduction of the average exposure of a Member State population established for the reference year in order to limit the harmful effects of human health, and as far as possible must be reached over a given period

23) "bybaker": places in urban areas where the levels are representative of the general urban population exposure

24) "nitrogen oxides": the sum of the mixture ratio in volume (ppbv) of nitrogen monoxide (nitrogen oxide) and nitrogen dioxide, expressed as devices of mass concentration of nitrogen dioxide (μg/m3)

25) "fast measurements": measurements made on stationary measuring stations either continuous or by sampler to the determination of the levels in accordance with the relevant data quality measurements

26) "indictive measurements" means measurements that meet sensitive data quality measurements than fixed measurements

27) " volatile organic compounds" (VOC): organic compounds from anthropogenic and bio sources, apart from methan, which can form photochemical oxidants by reaction with nitrogen oxides in the presence of sunlight

28) "ozon preliminaries": substances contributing to the formation of ozone at the ground surface and some of which are listed in the Annex X list.

Article 3

Liability areas

Member States shall appoint at appropriate levels the competent authorities and bodies responsible for:

a) to assess the air quality

b) to approve measurement systems ( methods, devices, networks and laboratories)

(c) to ensure the accuracy of measurements

d) analyze assessment methods

e) coordination in their area if the Commission organises Community programmes for quality assurance

(f) cooperation with other Member States and the Commission.

Where applicable, the competent authorities and bodies shall meet the requirements of Annex I, Part C.

Article 4

Determination of zones and urban areas

Member States shall establish zones and urban areas throughout their territory. Air quality assessment and management are carried out in all zones and urban areas.

CHAPTER II

VURDING AF LUFTKVALITETEN

AFDELING 1

Assessment of the air quality with regard to sulphur dioxide, nitrogen dioxide and netrogen oxides, particles, lead, benzen and carbon monoxide

Article 5

Assessment scheme

1. In terms of sulphur dioxide, nitrogen dioxide and nitrogen oxides, particles (PM10 10 and PM2.5), lead, benzen and carbon monoxide apply the upper and lower assessment thresholds listed in Annex II, Part A.

All zones and urban areas are classified according to these assessment thresholds.

2. The classification referred to in paragraph 1 shall be reviewed at least every five years after the procedure in Annex II, Part B.

However, classifications are reviewed more often if significant changes occur in activities relevant to the air concentration of sulphur dioxide, nitrogen dioxide or, if applicable, nitrogen oxides, particles (PM)10 10, PM2.5), lead, benzen or carbon monoxide.

Article 6

Assessment criteria

1. Member States shall assess the quality of air with regard to the pollutants referred to in all their zones and urban areas in accordance with the criteria set out in paragraph 2, 3 and 4 and in accordance with the criteria set out in Annex III.

2. In all zones and urban areas where the level of pollutants referred to in paragraph 1 exceeds the upper assessment threshold set for these pollutants, fixed measurements are used to assess the air quality. The fixed measurements can be supplemented with model calculations and/or Indicative measurements to provide appropriate information about the geographical distribution of the air quality.

3. In all zones and urban areas where the level of pollutants referred to in paragraph 1 is below the upper assessment threshold set for these pollutants, a combination of fixed measurements and model calculations and/or Indicative measurements can be used to assess the air quality.

4. In all zones and urban areas where the level of pollutants referred to in paragraph 1 is below the lower assessment threshold set for these pollutants, it is sufficient to use model calculations or techniques for objective estimer to assess the air quality.

5. In addition to the assessments referred to in paragraph 2, 3 and 4, measurements are carried out on land localities in environments that are not located near essential sources of air pollution, in order to provide information about the total mass concentration and concentration chemical composition in terms of fine particles (PM)2.5(a) as a year average, and these measurements are carried out under the following conditions:

a) a sampling place for each 100 000 km2

b) each Member State shall create at least one measuring station or may, in accordance with neighbour Member States, establish one or more common measuring stations covering the relevant neighbor zones to achieve the necessary spatial resolution;

(c) when appropriate, the monitoring of the monitoring strategy and the measurement programme is coordinated in the cooperation programme for monitoring and assessing the transport of air pollutants across large distances in Europe (EMEP)

d) Annex I, Part A and C, shall apply to data quality measurements for the measurements of the mass concentration of particles, and Annex IV shall apply in its entirety.

Member States shall notify the Commission of the measuring methods used for measuring the chemical composition of fine particles (PM)2.5).

Article 7

Sample

1. The location of sampling points for measuring sulphur dioxide, nitrogen dioxide and nitrogen oxides, particles (PM10 10, PM2.5), lead, benzen and carbon monoxide in the air are determined according to the criteria of Annex III.

2. In all zones and urban areas where the fixed measurements are the only source of information for the assessment of the air quality, the number of sampling points for each relevant pollutants shall not be less than the minimum number of sampling points specified in Annex V, Part A.

3. For zones and urban areas where information from sampling points for fixed measurements can be supplemented with information from model calculations and/or statements, the total number of sampling points in Annex V, Part A may be reduced by up to 50 %, if the following conditions are met:

a) the supplementary methods provide sufficient information for the assessment of the air quality in terms of limit values or warning threshold values and provide relevant information to the public

b) the number of sampling points and the spatial resolution of the other methods is sufficient for the concentration of that polluting substance to be determined in accordance with the data quality objectives set out in Annex I, Part A, and enable the assessment results to meet the criteria of Annex I, Part B.

As regards limit values, the results from model calculations and/or Indicative measurements are taken by the assessment of the air quality.

4. Member States' use of the criteria for the selection of sampling sites is monitored by the Commission in order to promote a uniform application of those criteria everywhere in the EU.

Article 8

Reference methods

1. Member States shall use the reference measuring methods and criteria set out in Annex VI, Part A and C.

2. Other measuring methods may be used on the conditions laid down in Annex VI, Part B.

AFDELING 2

Assessment of the air quality in terms of ozone

Article 9

Assessment criteria

1. If the ozone concentrations in a zone or a city area have exceeded the long-term objectives of Annex VII, Part C, for any year in the previous five-year measurement period, fixed measurements must be taken.

2. If data is available for less than five years, Member States may determine whether the long-term objectives referred to in paragraph 1 have been exceeded in the five years, combine the results from the measurement campaigns of short duration conducted at the times and the places where the levels can be expected to be highest, with results obtained from emission records and model calculations.

Article 10

Samples

1. The location of sampling points for measuring ozone is determined according to the criteria in Annex VIII.

2. The sampling points for fixed measurements of ozone in the zones and urban areas where measurement is the only information source for assessing the air quality must not be less than the minimum number of sampling points specified in Annex IX, Part A.

3. For zones and urban areas where information from sampling points for fixed measurements is supplemented with information from model calculations and/or statements, the total number of sampling points in Annex IX, Part A may be reduced if the following conditions are met:

a) the supplementary methods provide sufficient information for the assessment of the air quality, as regards target values, long-term objectives, as well as information and alert threshold values;

b) the number of sampling points and the spatial resolution of the methods is sufficient for the ozone concentration to be determined in accordance with the data quality measurements set out in Annex I, Part A and enable the assessment results to meet the criteria in Annex I, Part B;

(c) the number of sampling points in zones and urban areas correspond to at least one sampling point per two million inhabitants or a sampling point per 50000 km2, depending on what gives the largest number of sampling points, but there must be at least one sampling point in each zone or each city area

d) nitrogen dioxide is measured at all remaining sampling sites with the exception of background stations in rural areas as referred to in Annex VIII, Part A.

The results from model calculations and/or Indicative measurements are taken into account in the assessment of air quality, as regards target values.

4. Nitrogen dioxide is measured at least 50 % of the ozone sampling points required according to Annex IX, Part A. Nitrogen dioxide measurements are carried out continuously except on background stations in rural areas as referred to in Annex VIII, Part A, where other measuring methods can be used.

5. In zones and urban areas where concentrations each year in the previous five-year measurement period have been lower than the long-term objectives, the number of sampling points for fixed measurements in accordance with Annex IX, Part B.

6. Each Member State shall ensure that the area is installed and operated at least one sampling point for the collection of data on the concentrations of the ozone contraceptives in Annex X. Each Member State chooses the number and location of the stations where the ozone exchangers should be measured, taking into account the objectives and methods of Annex X.

Article 11

Reference methods

1. Member States shall use the reference method for measuring ozone in Annex VI, Part A, point 8. Other measurement methods may be used on the terms set out in Annex VI, Part B.

2. Each Member State shall notify the Commission which methods it uses for sampling and measuring VOC as specified in Annex X.

KAPITEL III

LUFTKVAITY

Article 12

Requirements where the levels are lower than the limit values

In zones and urban areas where the content of sulphur dioxide, nitrogen dioxide, PM10 10, PM2.5, lead, benzen and carbon monoxide in the air are under the respective limit values of Annex XI and XIV, the Member States hold the level of these substances under the limit values and strives to maintain the best air quality compatible with sustainable development.

Article 13

Border values and warning threshold values for the protection of human health

1. Member States shall ensure that the content of sulphur dioxide, PM10 10, lead and carbon monoxide in their zones and urban areas do not exceed the limit values of Annex XI.

In terms of nitrogen dioxide and benzen, the limit values of Annex XI shall not be exceeded from the dates laid down therein.

The assessment of whether these requirements are complied with shall be carried out in accordance with Annex III.

The Tolerance margins of Annex XI shall apply in accordance with Article 22(3) and Article 23(1).

2. The supply threshold values for the air concentrations of sulphur dioxide and nitrogen dioxide are laid down in Annex XII, Part A.

Article 14

Kritisk levels

1. Member States shall ensure compliance with the critical levels of Annex XIII, which assessed in accordance with Annex III, Part A.

2. Where fixed measurements are the only source of information for assessing the air quality, the number of sampling points shall not be less than the minimum number specified in Annex V, Part C. Where this information is supplemented by Indicative measurements or model calculations, the minimum number of sampling points can be reduced by up to 50 %, as long as the estimated concentration of the concerned pollutant can be determined in accordance with the data quality measurements in Annex A.

Article 15

National targets for reducing exposure to PM2.5 for the protection of human health

1. Member States shall take — as far as it does not result in excessive expenditure — all necessary measures to achieve the national objective of reducing exposure to PM2.5foreseen in Annex XIV, Part B, shall be no later than the year specified.

2. Member States shall ensure that the indicator of average exposure to 2015 provided in accordance with Annex XIV, Part A does not exceed the obligation for exposure concentration set out in Part C of the Annex.

3. The indicator of average exposure to PM2.5 shall be hired in accordance with Annex XIV, Part A.

4. Member States shall ensure compliance with Annex III that the distribution and number of sampling points, as the indicator of average exposure to PM2.5 is determined on the basis of sufficient scope, reflects the exposure of the general population. The number of sampling points shall not be less than that obtained using Annex V, Part B.

Article 16

PM PM2.5-measure value and limit value for the protection of human health

1. Member States shall take — as far as it does not result in excessive expenditure — all necessary measures to ensure that the PM2.5- concentrations do not exceed the measured value of Annex XIV, Part D, from the date specified.

2. Member States shall ensure that the PM2.5- concentrations do not exceed the limit value in Annex XIV, Part E, in any of their zones or urban areas from the date specified. The assessment of whether this requirement is met shall be carried out in accordance with Annex III.

3. The Tolerance margin of Annex XIV, Part E shall apply in accordance with Article 23(1).

Article 17

Requirements in zones and urban areas where the ozone concentrations exceed the target values and long-term objectives

1. Member States shall take — as far as it does not result in excessive expenditure — all necessary measures to ensure that the objectives and long-term objectives are achieved.

2. For zones and urban areas where the target value is exceeded, Member States shall ensure that the programme prepared pursuant to Article 6 of Directive 2001/81/EC, and if necessary an air quality plan is carried out in order to achieve the values of the date of Annex VII, Part B, to this Directive, except where this cannot be achieved by means of measures which do not result in excessive expenditure.

3. For zones and urban areas where the air's ozone levels are higher than the long-term objectives, but lower than or equal to the target values, prepare and entrepreneurship Member States cost effective measures to reach the long-term objectives. These measures shall be at least in accordance with all air quality plans and the programme referred to in paragraph 2.

Article 18

Requirements in zones and urban areas where the ozone concentrations meet long-term objectives

In zones and urban areas where the ozone levels meet the long-term objectives, Member States maintain the extent of factors such as the border of the ozone pollution and the meteorological conditions allow, this level during the long-term objectives and preserves by the best possible air quality compatible with a 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 notification threshold value is exceeded

If the information threshold value or any of the notification thresholds in Annex XII are exceeded, Member States shall take the necessary measures to inform the public through radio, television, newspapers or the Internet.

Member States shall report a preliminary basis The Commission information on the data subject levels and the duration of the periods where the notification or information threshold values were exceeded.

Article 20

Contributes from natural sources

1. Member States shall send for a given year the Commission records of zones and urban areas where the limit values for a given pollutant substance can be attributed to natural sources. Member States shall provide information on concentrations of and sources, as well as evidence that the exceeds may be attributed to natural sources.

2. If the Commission has been informed of a exceeding that can be attributed to natural sources in accordance with paragraph 1, the corresponding exceeding shall not be deemed to an exceeding in accordance with this Directive.

3. By 11 June 2010, the Commission shall publish guidelines for detection and conversion of exceedings that can be attributed to natural sources.

Article 21

Excess due to sand or salt spread on the road in winter

1. Member States may appoint zones or urban areas where the limits for PM10 10 In the air, which is due to the accumulation of particles due to sand or salt spread on the roads of winter.

2. Member States shall send the Commission a list of such zones or urban areas together with information on the affected PM10 10- concentrations and PM10 10- sources.

3. When Member States shall notify the Commission in accordance with Article 27, the nutrient documentation shall be construed to demonstrate that any exceeding is due to ophvironted particles and that reasonable measures are taken to reduce concentration.

4. In the event of zones or urban areas referred to in paragraph 1, Member States shall only set up air quality plans pursuant to Article 23 if the exceeds may be attributed to other PM10 10- sources than sand or salt spread on the roads in winter, in accordance with Article 20.

5. By 11 June 2010, the Commission shall publish guidelines on the setting of contributions due to the reduction of particles due to sand or salt spread on the road in winter.

Article 22

Appointment of deadlines for fulfillment and exception from the obligation to apply certain limit values

1. Where compliance with the limit values for nitrogen dioxide or benzen in a given zone or a given urban area cannot be obtained within the deadlines of Annex XI, a Member State may delay those deadlines with a maximum five years for that zone or the city area, in the condition of an air quality plan in accordance with Article 23 of the zone or the city area, the discharge period should apply to such air quality should be supplemented with the information referred to in Annex X and Part X.

2. If compliance with the values for PM10 10 as set out in Annex XI of a given zone or a given urban area cannot be obtained due to location-specific spread properties, unfavorable climate conditions or cross-border contributions, the Member State from the obligation to apply the relevant limit values until 11 June 2011 provided that the conditions in paragraph 1 are complied with and that the Member State makes good for national, regional and local plan all appropriate measures to comply with the deadlines.

3. When a Member State uses paragraph 1 or 2, it ensures that the limit value for each pollutant is not exceeded by more than the highest tolerance margin set out in Annex XI for each of the pollutants.

4. Member States shall notify the Commission where paragraph 1 or 2 of their opinion apply, and shall send it into paragraph 1 of air quality plans, including all relevant information necessary for the Commission to assess whether the conditions are met. In the assessment, the Commission shall take into account the expected effects of air quality in Member States, at present time and in the future, expected effects of measures taken by the Member States and the Community as well as expected effects of current Community measures and planned Community measures, which the Commission will set proposals.

If the Commission has not objected within nine months after receipt of the notification concerned, the relevant conditions for the use of paragraph 1 or 2 shall be met.

If an objection is made, the Commission may request Member States to adapt or submit new air quality plans.

KAPITEL IV

PLANER

Article 23

Air quality plans

1. If the level of pollutants in the air in certain zones or urban areas exceeds a limit value or a target value as well as any relevant tolerance margins in the specific case, Member States shall provide air quality plans for the zones and urban areas to reach that limit value or target value in Annex XI and XIV.

These limit values after the deadline must include suitable measures, so the duration of the exceed is the shortest possible. Air quality plans may also include specific measures that are intended to protect sensitive populations, including children.

Those air quality plans shall at least contain the information listed in Annex XV, Part A and may include measures pursuant to Article 24. These plans are immediately notified by the Commission, but no later than two years after the end of the year the first surpass was registered.

If there is to be prepared or launched air quality plans for several pollutants, prepare and entrepreneurship Member States where appropriate, total air quality plans that include all the pollutants.

2. Member States shall ensure as far as possible in accordance with other plans required under Directive 2001/80/EC, Directive 2001/81/EC and Directive 2002/49/EC to meet the relevant environmental objectives.

Article 24

Long-term action plans

1. In a zone or a urban area is the risk that the level of pollutants will exceed one or more alert threshold values in Annex XII, Member States shall set up when appropriate, action plans, stating the measures to be taken in the short term to reduce this risk or limit the duration of that exceeding. If this risk applies to one or more limit values or target values in Annex VII, XI and XIV, Member States may, when appropriate, set up such short-term action plans.

However, if there is a risk that the warning threshold value for ozone in Annex XII, Part B will be exceeded, Member States will only set a short-term action plan when national geographical, meteorological and economic conditions in their opinion are essential opportunities to reduce the risk of, duration or seriousness of such a transcend. When Member States establish such a short-term action plan, they take into account Decision 2004/279/EC.

2. The short-term plans in paragraph 1 may include effective measures to regulate and, if necessary, set certain activities contributing to the risk of overriding of the respective limit or target values or notification threshold values. These action plans may include measures relating to motor traffic, works, ships by quarrel, and use of industrial facilities or products as well as private heating systems. Specific measures to protect sensitive populations, including children, within the framework of these plans may also be considered.

3. When Member States have prepared a short-term action plan, the public and relevant organisations, such as environmental organisations, consumer organisations, organisations dealing with the interests of sensitive populations, other relevant health-related bodies and the relevant business organisations access to the results of their investigations on the feasibility and the content of the individual short-term action plans as well as information on the implementation of this plans.

4. The first time within 11 June 2010 and then regularly regularly publishes the Commission examples of best practice in setting short-term action plans, including examples of best practices for protecting sensitive groups, including children.

Article 25

Air pollution

1. If a warning threshold value, a limit value or a target value, as well as a possible tolerance margin or a long-term objective is exceeded due to significant cross-border transfer of air pollutants or their pre-cursors, the Member States concerned and set up if necessary common activities such as the preparation of common or coordinated air quality plans pursuant to Article 23 to remove such exceedings by means of appropriate but reasonable measures.

2. The Commission shall be invited to participate and assist in the cooperation referred to in paragraph. 1. If necessary, consider the Commission taking into account the reports prepared pursuant to Article 9 of Directive 2001/81/EC, whether additional measures should be taken at Community level to reduce the emission of preliminary pollution.

3. Where relevant pursuant to Article 24, Member States shall draw up common short-term action plans for neighbour zones in other Member States. Member States shall ensure that neighbour zones in other Member States, which have prepared short-term action plans, receive all relevant information.

4. If the information or warning threshold values are exceeded in zones or urban areas close to national borders, the competent authorities of the neighbour Member States shall be informed as soon as possible. This information is also provided to the public.

5. In the context of the preparation of plans pursuant to paragraph 1 and 3, and when the public is notified pursuant to paragraph 4, Member States shall endeavour to continue cooperation with third countries, and in particular with candidate countries.

KAPITEL V

Data protection

Article 26

Information to the public

1. Member States shall ensure that the public and relevant organisations such as environmental organisations, consumer organisations, organisations dealing with the interests of sensitive populations, other relevant health-related bodies and relevant business organisations to the extent and at good time are informed about the following:

a) air quality in accordance with Annex XVI

b) Decisions on exposure pursuant to Article 22(1)

(c) exceptions pursuant to Article 22(2)

d) air quality plans referred to in Article 22(1) and Article 23, as well as in Article 17(2) referred to programmes.

The information is provided free of charge through accessible media, including the internet or other suitable telecommunications agents, and takes into account the provisions of Directive 2007/2/EC.

2. Member States shall provide the public access to Annual Reports for all the pollutants covered by this Directive.

The Annual Reports shall contain a summary of the levels that exceed limit values, target values, long-term objectives and information threshold values for the relevant average calculation periods. This information is combined with a summary assessment of the effects of these exceeds. The Annual Reports may, in accordance with the circumstances, contain additional information and assessments of the protection of forests and information on other pollutants, which this Directive contains monitoring rules on, such as selected non-regulated ozone pragles, in accordance with Annex X, Part B.

3. Member States shall recognise the competent authorities or bodies designated to carry out the tasks referred to in Article 3.

Article 27

Sending information and reporting

1. Member States shall ensure that the Commission shall access the information on the air quality within the required time limit provided for in the implementing measures referred to in Article 28(2).

2. With the particular purpose of assessing whether the limit values and the critical levels have been complied with and the values have been reached, such information in any case shall be made available to the Commission no later than nine months after the end of each year and include indication:

a) the changes referred to in this year have been made in the list and the limit of zones and urban areas as set out in Article 4;

b) the list of zones and urban areas where the level of one or more pollutants is higher than the limit values plus any tolerance margin, or higher than values or critical values, and for these zones and urban areas:

in) the assessed levels and if necessary the dates and periods where such levels were observed

ii) if it is appropriate an assessment of the contribute from natural sources and from the uptake of particles due to sand or salt spread on the road in winter to the assessed levels which are abandoned to the Commission pursuant to Article 20 and 21.

3. 1 and 2 shall apply to the information collected from the beginning of the second calendar year after the entry into force of the implementing measures referred to in Article 28(2).

Article 28

Implementation measures

1. Measures to amend non-essential provisions of this Directive, namely Annex I-VI, Annex VIII-X and Annex XV, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 29(3).

However, the changes may not include a direct or indirect modification of the following:

a) the limits, the objectives of reducing exposure, the critical levels, the values, information or warning threshold values or long term objectives of Annex VII and Annex XI-XIV, or

b) the deadlines for compliance with the parameters in point (a).

2. The Commission shall lay down in accordance with the regulatory procedure referred to in Article 29(2), which additional information Member States shall be provided pursuant to Article 27 and the time limits for notification of this information.

The Commission shall lay down by the regulatory procedure in Article 29(2) of Article 29(2), also how the reporting of data and the mutual exchange of information and data from networks and the individual stations measuring air pollution in the Member States can be streamlined.

3. The Commission shall set guidelines for agreements establishing common measuring stations in accordance with Article 6(5).

4. The Commission shall publish guidelines for the detection of the equivalence in accordance with Annex VI, Part B.

KAPITEL VI

DECRIPTIONS OF THE EUROPEAN PARLIAMENT AND OF THE COUNCILITY

Article 29

Committee

1. The Commission is assisted by a committee referred to as the "air quality committee".

2. When reference to this paragraph, Article 5 and 7 of Decision 1999/468/EC shall be used in accordance with Article 8 thereof.

The period in Article 5(1) of Decision 1999/468/EC shall be established for three months.

3. When reference to this paragraph, Article 5a(1)-4 and Article 7 of Decision 1999/468/EC shall be used in accordance with Article 8 thereof.

Article 30

Saintions

Member States shall lay down provisions on penalties for infringements of national provisions adopted pursuant to this Directive and take all necessary measures to ensure the implementation thereof. The penalties must be effective, proportionate and dissuasive.

Article 31

Provision and transitional provisions

1. Directive 96/62/EC, 1999/30/EC, 2000/69/EC and 2002/3/EC shall be repealed with effect from 11 June 2010, without prejudice to the obligations of the Member States relating to deadlines for implementation in national law or the use of the Directives.

From 11 June 2008, the following applies:

a) In Directive 96/62/EEC, Article 12(1) of Directive 96/62/EEC shall be replaced by:

"1. The provisions on the transmission of the information to be provided pursuant to Article 11 shall be adopted in accordance with the procedure referred to in paragraph 3.

b) In Directive 1999/30/EC Article 7(7) of Directive 1999/30/EC, point VI of Annex IX shall apply.

(c) In Directive 2000/69/EC, Article 5(1) and point III of Annex VII.

d) In Directive 2002/3/EC, Article 9(5) and point II of Annex VIII shall apply.

2. Regardless of paragraph 1, the following articles continue to apply:

a) Article 5 of Directive 96/62/EC until 31 December 2010

b) Article 11(1) of Directive 96/62/EC and Article 10(1), 2 and 3 of Directive 2002/3/EC until the end of the second calendar year after the entry into force of the implementing measures referred to in Article 28(2) of this Directive;

(c) Article 9(3) and 4 of Directive 1999/30/EC until 31 December 2009.

3. References to the repealed Directives shall be construed as references to this Directive and shall be read in accordance with the correlation table set out in Annex XVII.

4. Decision 97/101/EC shall be repealed with effect from the end of the second calendar year after the entry into force of the implementing measures of Article 28(2) of this Directive.

However, Article 7, third, fourth and fifth indent, in Decision 97/101/EC with effect from 11 June 2008.

Article 32

Revision

1. The Commission shall review the provisions of PM2.5 and, if appropriate, other pollutants and submit a proposal for the European Parliament and the Council.

In terms of PM2.5 the revision to introduce a legally binding national obligation to reduce exposure to the national objective of reducing exposure and amending the obligation on exposure concentration set out in Article 15, including in respect of the following elements:

– – the latest scientific information from the WHO and other relevant organisations

– – Member States' air quality conditions and reductions

– – revision of Directive 2001/81/EC

– – The progress with the implementation of Community reduction measures for air pollutants.

2. The Commission takes into account the opportunity to introduce a more ambitious limit value for PM2.5, review the indicative PM2.5- limit value for second stage and consider confirming or changing the value.

3. As part of the audit, the Commission also prepares a report on the experience and the necessity of monitoring PM10 10 and PM2.5 in terms of technical progress with automatic measurement techniques. If appropriate, new reference methods are proposed for measuring PM10 10 and PM2.5.

Article 33

Implementation

1. Member States shall bring the laws and administrative provisions necessary to comply with this Directive within 11 June 2010. They shall immediately send these provisions.

The provisions shall include a reference to this Directive or shall be accompanied by such a reference. The detailed rules for the reference are laid down by the Member States.

2. However, Member States ensure that no later than 1 January 2009 is established an adequate number of city-back stations for measuring PM2.5, which is necessary for the calculation of the indicator of average exposure in accordance with Section B of Annex V, so that the schedule and terms of Section A of Annex XIV are observed.

3. Member States shall The Commission the main national provisions which they issue in the area covered by this Directive.

Article 34

Power

This Directive shall enter into force on the day of its publication in Official Journal of the European Union.

Article 35

Addresses

This Directive is aimed at Member States.

Done at Strasbourg, May 21, 2008.

On behalf of the European Parliament
On behalf of the Council
H.-G. Pöttering
J. Lenarčič
Chairman
Chairman

BILAG In

DATA SHEET

A. Data quality measurements for assessing air quality

Carbon dioxide, nitrogen dioxide, nitrogen oxides and carbon monoxide
Benzen
P articles (PM10 10/PM2.5) and lead
Ozon and thus associated NO and NO2
Fixed measurements 1)
Insecurity
15%
25%
25%
15%
Minimum data registration
90%
90%
90%
90%
in the summer months 75%
in the winter months
Minimum time coverage:
– urban background and traffic areas
– –
35% 2)
– –
– –
– industrial areas
– –
90%
– –
– –
Indicative measurements
Insecurity
25%
30%
50%
30%
Minimum data registration
90%
90%
90%
90%
Minimum time coverage
10% 4)
10% 3) 3)
10% 4)
> 10% in the summer months
Model calculation:
Time average
50%
– –
– –
50%
8-hour average
50%
– –
– –
50%
Daily average
50%
– –
not yet determined
– –
Annual average
30%
50%
50%
– –
Objecting estimer Insecurity
75%
100%
100%
75%
1) Member States may make use of sample measurements instead of continuous measurements for the benzen, lead and particles, if they over the Commission can demonstrate that uncertainty, including the uncertainty caused by the sample measurement method, meet the quality goal of 25 %, and that the time coverage is greater than the minimum time coverage for guidance measurements. Trials made in the form of samples must be evenly distributed over the whole year to avoid the crooking of the results. The uncertainty caused by sample measurement can be determined using the ISO 11222 (2004) "Air Quality — Determination of the Uncertainty of the Time Average of Air Quality Measurements". If sample measurements are used to assess the requirements for the limit value for PM10 10, 90,4-percentil should be less than or equal to 50 μg/m3) is assessed instead of the number of exceeds, which are highly dependent on the data coverage.
2) Part of the year to be representative of different climate and traffic conditions.
3) 3) Measure any day a week, evenly distributed over one year, or 8 weeks evenly distributed over one year.
4) An arbitrary measurement per week evenly distributed over one year, or 8 weeks evenly distributed over one year.

The uncertainty of the assessment methods (printed by a reliability margin of 95 %) is evaluated in accordance with the principles of the CEN’s “Guide to the Expression of Uncertainty in Measurement” (ENV 13005-1999), ISO 5725 method (1994) and the guidelines of the CEN Report “Air Quality — Approach to Uncertainty Estimation for Ambient Air Reference Measurement Methods” (CR377 142002E). The percentage rates for uncertainty in the above form apply to individual measurements calculated as average during the time of the limit value (or the value of ozone) with a reliability margin of 95 %. Accidental safety should be interpreted as applicable in the area around the relevant limit value (or target value of ozone).

Accidental safety is defined as the measured and calculated concentration levels maximum deviation for 90% of individual monitoring points during the duration of the limit value (or the target value of ozone) without regard to the time. In addition to model calculation, the uncertainty is interpreted as applicable in relation to the relevant limit value (or target value at ozone). The fixed measurements to be selected for comparison with the results of the model calculation must be representative of the measure used by the model calculation.

In the context of objective estimation, the measured and calculated concentration levels’s maximum deviation during the duration of the limit value (or the value of ozone) is defined without regard to the time.

The minimum data registration requirements and minimum time coverage do not include data loss due to regular adjustment or normal maintenance of the measurement equipment.

B. Results of air quality assessment

The following information is collected for zones and urban areas where other sources are used than measurement, to supplement measurement results or as the only means of air quality assessment:

– – a description of the assessment activities

– – the methods used, with references to method descriptions

– – data and sources of information

– – a description of the results, including their uncertainty, and in particular a description of the extent of all areas or, if applicable, all the lengths of the path in a zone or a city area where concentration exceeds a limit value, a target value or a long-term objective plus possibly applicable tolerance margin, and of all areas where concentration exceeds the upper or lower assessment threshold

– – populations, potentially exposed to concentrations exceeding a limit value for the protection of human health.

C. Quality assurance of air quality assessments: data validation

1. In order to ensure accurate measurements and compliance with the data quality objectives described in Part A, the relevant competent authorities and bodies designated under Article 3 shall ensure that ensure that

– – all measurements made in relation to assessment of air quality according to Article 6 and 9 can be traced in accordance with the requirements set out in Section 5.6.2.2 of ISO/IEC 17025:2005

– – institutions that run the sampling network and individual sampling stations have a recognised quality assurance and control system, which includes smooth maintenance that guarantees the accuracy of the measurement equipment;

– – a procedure for quality assurance/control of data collection and reporting and that the institutions designated to handle this task actively participate in similar quality assurance programmes for the Community

– – the national laboratories, when identified by relevant competent authorities or bodies designated pursuant to Article 3, which participates in comparisons within the Community of pollutants covered by this Directive, is accredited or in the process of being accredited by EN/ISO 17025 within 2010 in respect of the reference methods referred to in Annex VI. These laboratories take part in the national area of the coordination of the EU-wide quality assurance programmes organised by the Commission, and furthermore coordinate the application of reference methods and equivalence for other methods than reference methods.

2. All data reported pursuant to Article 27, is considered to be validated, except data marked as temporary.

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BILAG II

Determination of the concentration in the air of sulphur dioxide, nitrogen dioxide and nitrogen oxides, particles (PM)10 10 and PM2.5), lead, benzen and carbon monoxide in a zone or a urban area

A. Upper and lower assessment threshold

The following upper and lower thresholds are used:

1. Carbon dioxide

Health protection
Protection of plant growth
Upper assessment threshold
60% of the day limit value (75 μg/m3, no more than 3 times per calendar year)
60% of the critical winter level (12 μg/m3)
Lower assessment threshold
40% of the day limit value (50 μg/m3, no more than 3 times per calendar year)
40% of the critical winter level (8 μg/m3)

2. Nitrogen dioxide and nitrogen oxides

Time limit value for health protection (NO2)
Annual limit value for health protection (NO2)
The critical level of the protection of plant growth and natural ecosystems (NONOx x x)
Upper assessment threshold
70% of the limit value (140 μg/m3, no more than 18 times per calendar year)
80% of the limit value (32 μg/m3)
80% of the critical level (24 μg/m3)
Lower assessment threshold
50% of the limit value (100 μg/m3, no more than 18 times per calendar year)
65% of the limit value (26 μg/m3)
65% of the critical level (19.5 μg/m3)

3. P articles (PM10 10/PM2.5)

Døgn Average PM10 10
Average PM10 10
Average PM2.5 [1]
Upper assessment threshold
70% of the limit value (35 μg/m3, no more than 35 times per calendar year)
70% of the limit value (28 μg/m3)
70% of the limit value (17 μg/m3)
Lower assessment threshold
50% of the limit value (25 μg/m3, no more than 35 times per calendar year)
50% of the limit value (20 μg/m3)
50% of the limit value (12 μg/m3)
1) The upper assessment threshold and the lower assessment threshold for PM2.5 does not apply to the measurements that serve to assess whether the objective of reducing exposure to PM2.5 for health protection is met.

4. Bly

Year average
Upper assessment threshold
70% of the limit value (0.35 μg/m3)
Lower assessment threshold
50% of the limit value (0.25 μg/m3)

5. Benzen

Year average
Upper assessment threshold
70% of the limit value (3.5 μg/m3)
Lower assessment threshold
40% of the limit value (2.5 μg/m3)

6. Carbon monoxide

8-hour average
Upper assessment threshold
70% of the limit value (7 μg/m3)
Lower assessment threshold
50% of the limit value (5 μg/m3)

B. Determination of the upper and lower assessment threshold

Exclusion of the upper and lower assessment threshold is determined on the basis of the concentrations of the previous five years if sufficient information is available. An assessment threshold is considered exceeded if it has been exceeded for at least three years out of the previous five years.

If there are less than five years of data, Member States can combine the measurement campaigns of shorter duration during the year and in the locations that are the most typical of the highest levels of pollution, with the results obtained with information from emission records and model calculations, to determine the excess of upper and lower assessment thresholds.

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BILAG III

Assessment of the air quality and location of sampling points for measuring sulphur dioxide, nitrogen dioxide and nitrogen oxides, particles (PM)10 10 and PM2.5), lead, benzen and carbon monoxide in the air

A. General General General General

The air quality is assessed in all zones and urban areas according to the following criteria:

1. The air quality is assessed at all locations except those listed in point 2, according to the criteria of Part B and C for determining sampling points for fixed measurements. The principles of part B and C also applies, as far as they serve to designate the specific locations where the concentration of the relevant pollutants is determined and where the air quality is assessed by means of Indicative measurements or model calculation.

2. In the following locations, it must not be assessed whether the limit values for the protection of human health are complied with:

a) any location within an area that the public has not access and where there is no permanent habit

b) in accordance with Article 2(1), in factory areas or in industrial facilities, all relevant health and safety regulations apply to the workplace;

(c) tracks and middle discounts, except where pedestrians usually have access to the middle discount.

B. Overall placement of sampling sites

1. Protection of human health

a) In order to obtain information about the following:

– – the places in zones or urban areas where the population is assumed to be directly or indirectly exposed to the greatest concentrations during a period of time, which is significant in relation to the mid-ling times

– – levels in other areas of zones and urban areas, which are representative of the exposure, the population is exposed.

b) The sampling points are thus placed so that the samples are representative of the air quality in a street segment with a length of at least 100 m on traffic locations, and at least 250 m × 250 m in industrial areas when possible.

(c) The metro stations are thus placed so that the pollution level includes the total contribution from all sources that the station is located in the winding of. The demand level should not be dominated by a single major source of pollution, unless this situation is typically for a larger urban area. Trials must usually be representative of several square kilometres.

d) Where the purpose is to assess the background level in a country area, the sampling site must not be affected by urban areas or industrial areas near, i.e. areas less than five km away.

e) Where contributions from industrial sources must be assessed, at least one sampling point is placed in the nearest residential area of the winding in relation to the source. Where the background concentration is not known, a sampling point is placed in the most common winding.

(f) Trials must also be representative of similar locations which are not in their immediate vicinity.

g) It is necessary to place sampling points on islands where this is necessary for the health protection.

2. Protection of plant growth and natural ecosystems

Samplers for the protection of plant growth and natural ecosystems must be placed more than 20 km from city areas and more than 5 km from other built areas, industrial plants or highways or major roads with traffic countings of over 50000 vehicles per day, which means that the sampling points must be placed so that the air samples are representative of the air quality in an surrounding area of 1000 km on at least 1000 km per day.2. Member States may, in terms of geographical conditions or the possibility to protect particularly vulnerable areas, place sampling points within a short distance or rely on the representative of the air quality in a small area.

The need to assess the air quality of islands is to be taken into account.

C. Individual placement of sampling sites

The following shall be as far as possible:

– – The flow around the sampling intake must be free (in a bow of at least 270°) without obstacles affecting the air flow near the sampler (usually some meters from buildings, balconies, trees and other obstacles and at least 0.5m from the nearest building in case of sampling points representing the air quality of the building line)

– – In general, the sampling site must be between 1.5 m (inhalation zone) and 4 m above the ground. Higher locations (in addition to 8 m) may in some cases be necessary. Higher placement can also be appropriate if the measuring site is representative of a large area

– – the intake of the sampler shall not be located in the immediate vicinity of sources to avoid direct intake of emissions that are not mixed with the air

– – the discharge of the sampler must be placed so that the intake of discharge air is avoided

– – by measuring all pollutants, traffic-oriented sampling intake should be at least 25 metres from the edge of greater cross, and no more than 10 metres from the front side.

The following factors can also be considered:

– – disruptive sources

– – safety

– – access conditions

– – access to power and telephone connections

– – the visibility of the location

– – public and operators security

– – desire to have the same sampling point for various pollutants

– – plan requirements.

D. Documentation for and re-routing the selected location

The location procedures should already be accompanied by complete documentation in the form of directional photographs of the surroundings and detailed maps. The locations should be regularly taken up to renewed consideration with new documentation to ensure that the criteria for the election remain valid.

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BILAG IV

REQUESTIONS IN LANDOMER UDEN HENSYN ON CENTRE

A. Purpose

The main purpose of such measurements is to ensure that there is sufficient information available on background concentrations. This information is essential for assessing the higher concentration levels in more polluted areas (e.g. city background, industrial areas, trafficed areas), assessment of a possible contribution from air pollutants, which is transported over long distances, which support source differential analysis, and in connection with knowledge of specific pollutants such as particles. It is also essential in relation to the frequent use of model calculations also for urban areas.

B. Substances

Ways of PM2.5 must at least include the total mass concentration and concentration of appropriate compounds, which describe the chemical composition. As a minimum, the chemical substances listed below must be included.

SO SO42–
Na Na+ +
NH NH4+ +
Ca2+
elementary carbon
NO NO NO3– –
K+ +
Cl– –
Mg2+
organic carbon

C. Location of measuring stations

In particular, measurements in rural areas should be carried out in accordance with Annex III, Part A, B and C.

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BILAG V

Criteria for determining minimum number of sampling points for fixed measurement of concentrations in the air of sulphur dioxide, nitrogen dioxide and nitrogen oxides, particles (PM)10 10 and PM2.5), lead, benzen and carbon monoxide

A. Minimum number of sampling points for fixed measurement to assess compliance with limit values for the protection of human health and threshold values for pollution response in zones and urban areas where fixed measurement is the only source of information

1. Diffuser sources

Population in the city area or zone (1000)
If the maximum concentrations exceed the upper assessment threshold 1)
If the main concentrations are between the upper and the lower assessment threshold
Pollutions except PM
PM PM 2) (the price of PM10 10 and PM2.5)
Pollutions except PM
PM PM 2) (the price of PM10 10 and PM2.5)
0-249
1
2
1
1
250-499
2
3
1
2
500-749
2
3
1
2
750-999
3
4
1
2
1000-1499
4
6
2
3
1500-1999
5
7
2
3
2000-2749
6
8
3
4
2750-3749
7
10 10
3
4
3750-4749
8
11
3
6
4750-5999
9
13
4
6
≥ 6000
10 10
15
4
7
1) For nitrogen dioxide, particles, benzen and carbon monomon oxide: there must be at least one station for measuring city background and a traffic-oriented station, provided that this does not increase the number of sampling sites. For these pollutants, the difference between the total number of city stations and the total number of traffic-oriented stations in a Member State required under Part A shall not be more than factor 2. Samples where the limit value for PM10 10 has been exceeded within the last three years, maintained unless it is necessary to move them due to special circumstances, in particular physical planning and development.
2) If PM2.5 and PM10 10 measured in accordance with Article 8 at the same monitoring station, the measurements are supposed to be made at two separate sampling points. The difference between the total number of sampling points for PM2.5 and PM10 10 in a Member State required under Part A, point 1 shall not be more than factor 2 and the number of sampling points for PM2.5 in urban areas and built urban areas must meet the requirements of Annex V, Part B.

2. Point sources

For the assessment of pollution near point sources, the number of sampling points for fixed measurement is calculated taking into account emission density, the likely spread patterns for air pollution and the potential exposure of the population.

B. Minimum number of sampling points for fixed measurement in order to assess the achievement of the target of reducing exposure to PM2.5 for the protection of human health

For this purpose, one sampling point is calculated per million inhabitants for urban areas and other urban areas with more than 100 000 inhabitants. These sampling points can be combined with the sampling points in Part A.

C. Minimum number of sampling points for fixed measurement to assess compliance with critical levels for the protection of plant growth in zones that are not urban areas

If the main concentrations exceed the upper assessment threshold
If the main concentrations are between the upper and the lower assessment threshold
1 station for every 20 000 km2
1 station for every 40 000 km2

In island zones, the number of sampling points for fixed measurements is calculated taking into account the likely spread patterns for air pollution and plant growth potential exposure.

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BILAG VI

Reference methods for assessing concentration of sulphur dioxide, nitrogen dioxide and nitrogen oxides, particles (PM)10 10 and PM2.5), lead, benzen, carbon monoxide and ozone

A. Reference methods

1. Reference method for measuring sulphur dioxide

The reference method for measuring sulphur dioxide is the one described in EN 14212:2005 "Ambient air quality – Standard method for the audience of the concentration of sulphur dioxide by ultraviolet fluorescence".

2. Reference method for measuring nitrogen dioxide and nitrogen oxides

The reference method for measuring nitrogen dioxide and nitrogen oxides is the one described in EN 14211:2005 "Ambient air quality — Standard method for the audience of the concentration of nicotine and nitrogen monoxide by chemiluminescence".

3. Reference method for sampling and measuring lead

The reference method for the sampling of lead is the one described in Part A of this Annex point 4. The reference method for the measurement of lead is described in EN 14902:2005 "standard method for the audience of Pb/Cd/As/Ni in the PM10 10 terrified by partyiculate frost".

4. Reference method for sampling and measuring PM10 10

The reference method for sampling and measuring PM10 10 is the one described in EN 12341:1999 "Air Quality — Determination of the PM10 10 Stage of samurai partyiculate frost — Reference method and field test procedure two reference equivalence of audience methods".

5. Reference method for sampling and measuring PM2.5

The reference method for sampling and measuring PM2.5 is the one described in EN 14907:2005 "standard digimetric audience method for the denial of the PM2.5 Mass offence of partyiculate frost".

6. Reference method for sampling and measuring the benzen

The reference method for measuring the benzen is the one described in EN 14662:2005, Part 1, 2 and 3 "Ambient air quality — Standard method for the audience of benzene samurai".

7. Reference method for measuring carbon monoxide

The reference method for measuring carbon monoxide is those described in EN 14626:2005 "Ambient air quality — Standard method for the audience of the concentration of carbon monoxide city nondispersive spectroscopy".

8. Reference method for measuring ozone

The reference method for measuring ozone is the one described in EN 14625:2005 "Ambient air quality — Standard method for the audience of the concentration of ozone by ultraviolet photometry".

B. Viewing the equivalence

1. Member States may use any other method that the Member State concerned may demonstrate results corresponding to the methods mentioned under Part A, or, in respect of particles, any other method that the Member State may demonstrate is in a consistent relationship with the reference method. In that case, the results obtained by this method must be corrected so it provides results corresponding to those who would be obtained using the reference method.

2. The Commission may impose a report on the equivalence view pursuant to point 1.

3. In the assessment of whether the report referred to in paragraph 2 may be taken, the Commission refers to its guidance for the equivalence view (published). If Member States have used temporary factors for the purposes of an equivalence, these factors shall be confirmed and/or amended by the Commission’s guidance.

4. Member States should, where appropriate, ensure that the correction is also used with retroactive effect on previous measurements, ensure a better data cohesion.

C. Standardisation

Gas-forming pollutants must be standardized at a temperature of 293 K and an atmospheric pressure of 101.3 kPa. For particles and substances to be analysed in particles (e.g. lead), the sampling volume refers to the surrounding conditions for temperature and atmospheric pressure on the measurement date.

D. Introduction of new equipment

All new equipment purchased for the implementation of this Directive shall be in accordance with the reference method or equivalent within 11 June 2010.

All equipment used for fixed measurements must be in accordance with the reference method or equivalent within 11 June 2013.

E. Mutual recognition of data

Under the implementation of the type approval to demonstrate that the equipment meets the performance requirements for the reference methods referred to in Part A, the competent authorities and bodies designated under Article 3 shall accept testing reports prepared in other Member States of laboratories approved by EN ISO 17025 to carry out such testing.

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BILAG VII

MEASURES AND LANCTEDE OZON

A. Definitions and criteria

1. Definitions

With AOT40 (printed in μg/m3 · h) the sum of the difference between 1-hour concentrations above 80 μg/m3 (40 billion parts (ppb) and 80 μg/m3 for a given time only on the basis of 1-hour values measured daily between 8 and 20 CET (Central European Time).

2. Kriterier

The following criteria are used for the verification of the data's validity in relation to the data and calculation of statistical parameters:

Parameter
Required share of valid data
1-time values
75% (i.e. 45 minutes)
8-hour values
75% of values (i.e. 6 hours)
Daily maximum 8-hour value from 1-hour rolling 8-hour values
75% of the 1-hour rolling 8-hours (i.e. 18 middle values a 8 hours/day)
AOT40
90% of the 1-hour values over the period specified in the calculation of the value for AOT40 1)
Year average
75% of the 1-hour values in the summer months (April to September) and 75% in the winter months (January, October to December), each for themselves
Number of exceeds and maximum values per month
90% of the daily maximum 8-hour funds (27 available daily values per month)
90% of the 1-hour values between 20:00 and 20:00 CET onwards CET onwards
Number of exceeds and maximum values per year
5 out of 6 months in the summer year (april-september)
1) If not all measured data is available, the following factor is used for calculating the AOT40 values:
AOT40rated rating = AOT40measured ×
maximum number of hours *)
number measured 1-hour values
*) Number of hours within the period that applies after the AOT40 definition (i.e. at 08:00-20:00 CET each year for the period 1 May to 31 July for the protection of plant growth and every year during the period 1 April to 30 September for the protection of forests).

B. Measurement values

Measures
Midling
Goal value
Deadline for compliance with the target value 2)
Protection of human health
Daily maximum 8-hour value 3) 3)
120 μg/m3 must not exceed over 25 days per calendar year, measured as average over 3 years 4)
1.1.2010
Protection of plant growth
May to July
AOT40 (calculated from 1 hour values) 18000 μg/m3 · h, measured as average over 5 years 4)
1.1.2010
2) The goal values will be assessed on this date, i.e. 2010, the first year of which the data is used to calculate the conformity of the following 3 or 5 years if appropriate.
3) 3) The daily maximum 8-hour concentration value is selected on the basis of rolling 8 hours average, which is calculated from time data and is updated once per hour. Each 8-hour average, calculated in this way, is calculated for the day, the calculation ends, i.e. the first calculation period for any day will be the period from 17:00 the preceding day to 9:00am on that day, and the last calculation period for any day will be the period at 16:00-24:00 on that day.
4) If the 3- or 5-year averages cannot be determined on the basis of a complete and consistent set of annual data, the following annual data is required for control in accordance with the target values:
– for the goal value of the protection of human health: quality-proof data for 1 year
– for the goal value for the protection of plant growth: quality-proof data for 3 years.

C. Long-term objectives

Measures
Midling
Long-term goal
Deadline for compliance with the long-term goal
Protection of human health
Daily maximum 8-hour value within 1 calendar year
120 μg/m3
not determined
Protection of plant growth
May to July
AOT40 (calculated from 1 hour values) 6000 μg/m3 · h
not determined

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BILAG VIII

Criteria for classification and placement of sampling sites for assessing the ozone concentration

The following conditions apply to fixed measurements:

A. Overall placement criteria

Type station
Purpose of the measurement
Representativeity 1)
General placement criteria
City
Protection of human health:
assessing the exposure of the urban population for ozone, i.e. where the population density and the ozone concentration are relatively high and representative of the exposure which the whole population is exposed to
A few km2
Removed from impact from local emissions, such as traffic, gas stations, etc.
Uncovered places where concentrations are heavily mixed.
Places such as residential and business areas in cities, parks (not nearby trees), wide streets or places with very limited or no traffic, open areas, such as education sites, sports or recreational facilities.
suburbs
Protection of human health and of plant growth:
assessing the exposure of the population and plant growth in the outer edges of the city, where the highest ozone levels occur, which the population and plant growth must be assumed to be exposed to, either indirectly or directly
A two-digit number of km2
In a certain distance from areas with the biggest emissions, in it (de) prevailing winding(s) under conditions that are favorable for ozone formation.
Dér where population, sensitive crops or natural ecosystems are exposed to high ozone levels.
To the extent necessary: also certain suburbs, which are not placed in the direction of the area with the main emissions, to determine the regional background levels for ozone.
Land District
Protection of human health and of plant growth:
to assess the population, crops and the exposure of natural ecosystems to ozone concentrations in the area
Subregional levels
(some hundred km2)
The stations can be placed in small residents and/or areas with natural ecosystems, forests or crops.
Representative for the ozone concentration, without impact from nearby local emissions such as industrial plants and roads.
In open areas, but not on top of higher mountains
Background in country
Protection of plant growth and human health:
assessing the exposure of crops and natural ecosystems for ozone concentrations in regional scale as well as the exposure of the population.
Regional/national/ continental level
(1 000 to 10 000 km2)
Station located in areas with lower population density, such as natural ecosystems, forests, at a distance of at least 20 km from city and industrial areas and far from local emissions.
Avoid sites with locally reinforced soil inversion conditions, also high mountain tops.
Coast areas with strong local day variations in the wind conditions are not recommended.
1) The sampling points should as far as possible be representative of similar locations in not immediate vicinity.

For stations in rural areas and for the background concentration in rural areas, a coordination with the monitoring requirements of the Commission Regulation (EC) No 1737/2006 of 7 November 2006 on implementing provisions for Regulation (EC) No 2152/2003 on the monitoring of the forests and of environmental impact in the Community2).

B. Individual location

As far as possible, the procedure for individual placement established in Annex III, Part C and it is also ensured that the intake of the sampler is located remotely from sources such as flue emissions from industrial furnaces and incineration plants and over 10 metres from the nearest path, the closer traffic is.

C. Documentation for and re-routing the selected location

The procedure in Annex III, Part D is followed, as the monitoring data is examined and interpreted correctly on the basis of the meteorological and photochemical processes affecting the ozon concentrations measured by a given measuring station.

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BILAG IX

Criteria for determining minimum number of sampling points for fixed measurement of the ozone concentration

A. At least the number of sampling points for fixed continuous measurements for assessing the conformity of air quality, long-term objectives and information and notification threshold values, where such measurements are the only source of information

People (× 1000)
City areas (by and suburbs) 1)
Other zones (city of settlement and land) 1)
Background Country District
< 250
1
< 500
1
2
< 1000
2
2
< 1500
3
3
1 station per 50000 km2
< 2000
3
4
average of all
< 2750
4
5
zones per country 2)
< 3750
5
6
> 3750
1 additional station per 2 million inhabitants
1 additional station per 2 million inhabitants
1) At least 1 station in suburbs where the population can be assumed to be exposed to the highest exposure. In urban areas, at least 50% of the stations should be in the suburbs.
2) 1 station per 25000 km2 in complex terrain.

B. Minimum number of sampling points for fixed measurements in zones and urban areas that meet the long-term objectives

The number of sampling points for ozone must, combined with other means of supplementary assessment, such as model calculation of air quality and side-running nitrogen dioxide measurements, be sufficiently large to the development stone in the ozone pollution can be examined and compliance with the long-term objectives are checked. The number of stations located in city areas or other zones can be reduced to one third of the number specified in Part A. Where information from stationary measuring stations is the only source of information, it should be retained at least 1 monitoring station. If this in zones where supplementary assessment results in a zone is no longer measured station, through coordination with the number of stations in neighbour zones, ensure adequate measurement of the ozon concentrations compared to the long-term objectives. The number of stations to measure background concentrations in rural areas should be 1 per 100 000 km2.

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BILAG X

MEASURES AF OZONPRROSORER

A. Purpose

The main objective of such measurements is to analyze the development stone in the ozone priceors, to check whether emission reduction strategies are effective and on the emission statements are correct, and to identify the emission sources of observed pollution.

An additional purpose is to improve the understanding of the processes of ozone formation and the spread of precursors as well as to promote the use of photochemical models.

B. Substances

Measurement of ozone pragles must at least include nitrogen oxides (NO and NO2) and relevant volatile organic compounds (VOC). Below is a list of volatile organic compounds that are recommended:

1-But
Isopren
Ethylbenzen
Ethan Ethan
trans-2-Buten
n-Hexan
m + p-Xylen
Ethyl
cis-2-Buten
i-Hexan
o-Xilen
Acetylene
1.3-Butadien
n-Heptan
1.2,4trimethylbenzen
Propan
n-Pentan
n-Octan
1.2,3trimethylbenzen
Propen
i-Pentan
i-Octan
1,3.5-trimethylbenzen
n-Butan
1-Penten
Benzen
Formaldehyde
i-Butan
2-Penten
Tolu
Hydrocarbons in everything, apart from methan

C. Location of measuring stations

In particular, measurements in urban or suburb areas are carried out by monitoring stations established in accordance with the requirements of this Directive and are considered appropriate in relation to the monitoring objectives of Part A.

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BILAG XI

REQUIPMENT WITH HENBLICATION OF THE COMPANY

A. Kriterier

Subject to Annex In the following criteria apply to the verification of the data’s validity in relation to the data and calculation of statistical parameters:

Parameter
Required share of valid data
1-time values
75% (i.e. 45 minutes)
8-hour values
75% of values (i.e. 6 hours)
Daily maximum 8-hour value
75% of the 1-hour rolling 8-hours (i.e. 18 middle values a 8 hours/day)
24-hour values
75% of the time-media values (i.e. at least 18-hour values)
Year average
90% 1) of 1-hour values or (if not available) 24-hour values over one year
1) The requirements for the calculation of annual averages do not include data loss due to regular adjustment or normal maintenance of the measuring equipment.

B. Border values

Midling
Limit value
Tolerance margin
Deadline for compliance with limit value
Carbon dioxide
1 hour
350 μg/m3 must not exceed more than 24 times per calendar year
150 μg/m3 (43 %)
– – 2)
1 day
125 μg/m3 must not exceed more than 3 times per calendar year
No
– – 2)
Nitrogen dioxide
1 hour
200 μg/m3 must not exceed more than 18 times per calendar year
50% per 19 July 1999, as linearly reduced by equal percentage rates, first time on 1 January 2001 and then every 12 month, so the margin is 0% on 1 January 2010
1 January 2010
Calendar year
40 μg/m3
50% per 19 July 1999, as linearly reduced by equal percentage rates, first time on 1 January 2001 and then every 12 month, so the margin is 0% on 1 January 2010
1 January 2010
Benzen
Calendar year
5 μg/m3
5 μg/m3 (100 %) per 13 December 2000, as 1 January 2006 and then every 12 month is reduced by 1 μg/m3, so the margin is 0% on 1 January 2010
1 January 2010
Carbon monoxide
Daily maximum 8-hour value 3) 3)
10 mg/m3
60%
– – 2)
Bly
Calendar year
0.5 μg/m3 4)
100%
– – 4)
PM PM10 10
1 day
50 μg/m3 shall not exceed more than 35 times per calendar year
50%
– – 2)
Calendar year
40 μg/m3
20%
– – 2)
2) Already valid from 1 January 2005.
3) 3) The daily maximum 8-hour concentration value is selected on the basis of rolling 8-hour averages, calculated from time data and updated once per hour. Each 8-hour average, calculated in this way, is calculated for the day, the calculation ends, i.e. the first calculation period for any day will be the period from 17:00 on the preceding day to 01.00 the day concerned, and the last calculation period for any day will be the period at 16.00-24.00 the day.
4) Already valid from 1 January 2005. The limit value must first be reached before 1 January 2010 in the immediate vicinity of specific industrial sources located in locations contaminated by decades of industrial activities. In such cases, the limit value until 1 January 2010 will be 1.0 μg/m3. The area where higher limit values apply shall not go beyond 1000 m from specific sources.

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BILAG XII

Information AND MAKES

A. Varsling thresholds for other substances than ozone

Measures over three consecutive hours in locations representative of the air quality over at least 100 km2 or a whole zone or a completely urban area, as at least used.

Pollution
Varsling threshold
Carbon dioxide
500 μg/m3
Nitrogen dioxide
400 μg/m3

B. Information and warning threshold values for ozone

Purpose
Midling
Tærskel
Information
1 hour
180 μg/m3
Varsling
1 hour [1]
240 μg/m3
1) For the purposes of implementing Article 24, the threshold value must be measured or predicted in three consecutive hours.

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BILAG XIII

REQUESTION for BESHING OF PLANTEVEN

Midling
Kritisk level
Tolerance margin
Carbon dioxide
Calendar year and winter
(1 October to 31 March)
20 μg/m3
No
Nitrogen oxides
Calendar year
30 μg/m3 NO NO NOx x x
No

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BILAG XIV

NATIONALT MEASURES OF THE COMPANY, MEASURE AND GROUND FOR PM2.5

A. The indicator of average exposure

The average exposure indicator in μg/m3 (AEI) is hired on the basis of measurements of city background in zones and urban areas across the territory of the Member State. The indicator should be the annual average concentration of 3 rolling calendars taken as average for all sampling points established in Annex V, Part B. AEI for the reference year 2010 is the mean concentration for the years 2008, 2009 and 2010.

However, if no data is available for 2008, Member States may apply the medium concentration for the years 2009 and 2010 or the medium concentration for the years 2009, 2010 and 2011. Member States who make use of these options shall notify their decisions to the Commission by 11 September 2008.

AEI must be the annual average concentration over three rolling years taken as average for all these sampling points in the years 2018, 2019 and 2020. AEI is used to examine whether the objective of the national reduction of exposure has reached.

AEI must be the annual average concentration over three rolling years taken as average for all these sampling points in the years 2013 and 2015. AEI is used to examine whether the objective of the national reduction of exposure has reached.

B. National target for reducing exposure

Measures for reducing exposure compared to AEI 2010
Deadline for compliance with the target for reducing exposure
Output concentration in μg/m3
Reduction targets in percentage
2020
≤ 8.5
0%
> 8.5-< 13
10%
= 13-< 18
15%
= 18-< 22
20%
≥ 22
All appropriate measures to achieve 18 μg/m3

If AEI in the reference year is 8.5μg/m3 or below, the goal of reducing exposure to zero. The goal of reduction is also set to zero in cases where AEI reaches a level of 8.5 g/m3 at any time between 2010 and 2020 and is preserved at or below this level.

C. Exposure to exposure concentration

Exposure to exposure concentration
Deadline for compliance with the obligation value
20 μg/m3
2015

D. Goal value

Midling
Goal value
Deadline for compliance with the target value
Calendar year
25 μg/m3
1 January 2010

E. Limit value

Midling
Limit value
Tolerance margin
Deadline for compliance with limit value
FASE 1
Calendar year
25 μg/m3
20% on 11 June 2008, which is reduced by equal major annual percentage rates, the first time on 1 January and then every 12 month, so the margin is 0% on 1 January 2015
1 January 2015
FASE 2 1)
Calendar year
20 μg/m3
1 January 2020
1) Phase 2 — the indicative limit value is reviewed 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 the Member States.

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BILAG XV

Information to be subject to local, regional or national air quality plans to improve air quality

A. Information to be provided under Article 23 (air quality plans)

1. Geographical area where the crossing took place

a) region

b) city (card)

(c) measuring station (short, geographic coordinates).

2. General information

a) the nature of the zone (by, industrial area or land)

b) Beautiful contaminated area (km2 and exposed population

(c) relevant climate data

d) relevant topographic data

e) sufficient information on types of audiences that make it necessary to protect the area.

3. Responsible authorities

Names and addresses of persons responsible for the preparation and implementation of plans to improve the quality of air.

4. The nature and assessment of pollution

a) concentrations observed earlier years (within remedy measures have been initiated)

b) concentrations measured since the start of the project

(c) techniques used for the assessment.

5. The origin of the

a) list of main sources for the pollution emission (card)

b) total amount of emissions from these sources (tons/years)

(c) information about pollution imported from other areas.

6. Analysis of the situation

a) detailed information on factors contributing to the excess (e.g. transport, including cross-border transport, the formation of secondary pollutants in the atmosphere)

b) detailed information on possible measures to improve air quality.

7. Information on measures or projects to improve air quality, which existed within 11 June 2008, i.e.:

a) local, regional, national, international measures

b) effects observed in relation to the measures.

8. Information on measures or projects adopted for the limitation of pollution after the entry into force of this Directive:

a) calculation and description of all measures planned in connection with the project

b) schedule for implementation

(c) The planned improvement of the air quality and of the time that is estimated to be necessary to reach the quality measurements.

9. Information about the measures or projects planned or to be carried out in the long term

10. List of publications, documents and other works, etc., used to supplement the information required under this Annex

B. Information to be provided pursuant to Article 22(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 air pollution caused by emissions from motor vehicles1)

2) Directive 94/63/EC of the European Parliament and of the Council of 20 December 1994 on the prevention of emissions of volatile organic compounds (VOC) by gasoline storage and petrol distribution from terminals to service stations2)

3) 3) Directive 2008/1/EC of the European Parliament and of the Council of 15 January 2008 on integrated prevention and combating pollution3) 3)

4) Directive 97/68/EC of the European Parliament and of the Council of 16 December 1997 on the approximation of the laws of the Member States relating to the emission of pollutants and particles from incineration engines to mount mobile non-road machines4)

5) Directive 98/70/EC of the European Parliament and of the Council of 13 October 1998 on the quality of petrol and diesel oil5)

6) Council Directive 1999/13/EC of 11 March 1999 on the limitation of the emission of volatile organic compounds from the use of organic solvents in certain activities and installations6)

7) Council Directive 1999/32/EC of 26 April 1999 on the limitation of sulphur content in certain liquid fuels7)

8) Directive 2000/76/EC of the European Parliament and of the Council of 4 December 2000 on the incineration of waste8)

9) Directive 2001/80/EC of the European Parliament and of the Council of 23 October 2001 on the limitation of certain air polluting emissions from large combustion plants

10) Directive 2001/81/EC of the European Parliament and of the Council of 23 October 2001 on national emission ceilings for certain air pollutants

11) Directive 2004/42/EC of the European Parliament and of the Council of 21 April 2004 on the limitation of emissions of volatile organic compounds from the use of organic solvents in certain paints and varnishes as well as products for auto repair coating9)

12) Directive 2005/33/EC of the European Parliament and of the Council of 6 July 2005 amending Directive 1999/32/EC as regards the sulphur content of marine fuels10)

13) Directive 2005/55/EC of the European Parliament and of the Council of 28 September 2005 on the approximation of the laws of the Member States relating to measures against emission of pollutants and particles from engines with compression fuel for the propulsion of vehicles and emission of pollutants from vehicle engines with controlled ignition, using natural gas or autogas (LPG) as fuel11)

14) Directive 2006/32/EC of the European Parliament and of the Council of 5 April 2006 on energy efficiency in final applications and on energy services12).

3. Information on all measures to combat air pollution, which is considered on the relevant local, regional or national level to meet air quality targets, including:

a) reducing emissions from stationary sources by ensuring that polluting small and medium-sized stationary combustion sources (including to biomass) are supplied with emission limit equipment or replaced

b) reducing emissions from vehicles using the installation of emission limit equipment. It should be considered to use economic incentives to speed up

(c) green procurement by public authorities, in line with the handbook of greener public procurement, in connection with the purchase of vehicles, fuel and combustion equipment, so emissions are reduced, including the purchase of:

– – new vehicles, including low emission values

– – transport services with more environmentally friendly vehicles

– – stationary combustion sources with low emissions

– – low-carbon fuel for desktop and mobile sources

d) methods to limit emissions from transport using traffic planning and control (including higher tariffs in the rush time, deffentiated parking charges or other economic incentives, the introduction of "low emission zones")

e) methods to promote a switch of transport methods to less pollutants

(f) measures to ensure that low emission fuel is used in small, medium and large stationary and mobile sources

g) measures to limit air pollution by means of the authorisation scheme in Directive 2008/1/EC, on the basis of national plans under Directive 2001/80/EC and by means of economic instruments such as taxes, taxes or emission trading

h) where relevant, measures for the protection of children or other vulnerable population health.

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BILAG XVI

Information

1. Member States shall ensure the publication of updated information on the concentrations of pollutants covered by this Directive.

2. The concentrations in the air shall be submitted as average values in accordance with the relevant midling times laid down in Annex VII and Annex XI-XIV. The information must at least specify the levels that exceed air quality measurements, including limit values, target values, information threshold values and long-term objectives for regulated pollutants. They must also include a short assessment regarding the air quality measurements and appropriate information regarding effects on health or, in the case of, plant growth.

3. The information on concentrations in the air of sulphur dioxide, nitrogen dioxide, particles (in the minimum PM10 10), ozone and carbon monoxide are updated at least once a day and, where possible, the information is updated every hour. The concentrations of lead and benzen in the form of an average value for the last 12 months are updated every third month or every month where possible.

4. Member States shall ensure that the public receives timely information about actual or pre-determined infringements or information thresholds. The information must include:

a) information on observed exceeds:

– – place or area of the exceeding

– – type threshold value that is exceeded (for notification or alert)

– – beginning time for the crossing and duration of this

– – highest 1-hour concentration and also the highest 8-hour concentration if there are ozone

b) forecast for the following afternoon/day(s):

– – geographic area for the expected exceeding of the information threshold value and/or the notification threshold value

– – expected changes in pollution ( Improvement, stabilization or deterioration) as well as the causes of the changes

(c) information about the affected population group, possible health effects and recommended behavior

– – information on risk-accompanied populations

– – description of likely symptoms

– – recommended precautions, the affected population should take

– – specifying where additional information is available

d) information on preventive measures to reduce pollution and/or exposure to it, specifying sectors with the main sources, recommended precautions to reduce emissions

e) Member States shall take steps to ensure that accurate information is made available in advance.

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BILAG XVII

COMMUNICATIONSTABEL

This Directive
Directive 96/62/EC
Directive 1999/30/EC
Directive 2000/69/EC
Directive 2002/3/EC
Article 1
Article 1
Article 1
Article 1
Article 1
Article 2, no. 1)-5)
Article 2, no. 1)-5)
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Article 2, no. 6) and 7)
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Article 2, no. 8)
Article 2, no. 8)
Article 2(7)
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Article 2, no. 9)
Article 2, no. 6)
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Article 2, no. 9)
Article 2, no. 10)
Article 2(7)
Article 2, no. 6)
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Article 2, no. 11)|
Article 2, no. 11)
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Article 2, no. 12)
Article 2, No 12) and 13)
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Article 2, no. 13) and 14)
Article 2(a) and (b)
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Article 2, No. 14)
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Article 2, no. 10)
Article 2, no. 15) and 16)
Article 2, no. 9) and 10)
Article 2, No 8) and 9)
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Article 2(7) and 8)
Article 2, No 17) and 18)
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Article 2, no. 11) and 12)
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Article 2, No. 19)-23)
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Article 2, No 24)
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Article 2, no. 10)
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Article 2, No 25) and 26)
Article 6 (1)
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Article 2, No 27)
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Article 2, no. 13)
Article 2, No 28)
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Article 2(3)
Article 3, except paragraph 1(f)
Article 3
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Article 3(1)(f)
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Article 4
Article 2, no. 9) and 10), Article 6(1)
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Article 5
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Article 7(1)
Article 5(1)
Article 6(1)
Article 6(1)
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Article 6 (1)
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Article 7
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Article 7(2) and 3, with changes
Article 5,(2) and 3, with changes
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Article 8
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Article 7(5)
Article 5(1)
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Article 9
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Article 9(1), first and second subparagraph
Article 10
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Article 9(1), 2 and 3, with changes
Article 11(1)
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Article 9(4)
Article 11(2)
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Article 12
Article 9
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Article 13(1)
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Article 3(1) and Article 6(1) and Article 6(1) thereof,
Article 3(1) and Article 4
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Article 13(2)
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Article 3(2), and Article 4(2);
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Article 13(3)
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Article 5(1)
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Article 14
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Article 3(1) and Article 4(1), with changes
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Article 15
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Article 16
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Article 17(1)
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Article 3(1) and Article 4(1)
Article 17(2)
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Article 3(2) and 3
Article 17(3)
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Article 4(2)
Article 18
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Article 5
Article 19
Article 10 with changes
Article 8(3)
Article 6 with changes
Article 20
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Article 3(4) and Article 5,(4), with changes
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Article 21
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Article 22
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Article 23
Article 8(1), with changes
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Article 24
Article 7(3), with changes
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Article 7 with changes
Article 25
Article 8(5) with changes
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Article 8 with changes
Article 26
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Article 8 with changes
Article 7 with changes
Article 6 with changes
Article 27
Article 11 with changes
Article 5(1) second subparagraph
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Article 10 with changes
Article 28(1)
Article 12(1), with changes
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Article 28(2)
Article 11 with changes
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Article 28(3)
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Article 28(4)
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Annex IX with changes
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Article 29
Article 12(2)
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Article 30
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Article 11
Article 9
Article 14
Article 31
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Article 32
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Article 33
Article 13
Article 12
Article 10
Article 15
Article 34
Article 14
Article 13
Article 11
Article 17
Article 35
Article 15
Article 14
Article 12
Article 18
Annex I
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Annex VIII with changes
Annex VI
Annex VII
Annex II
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Annex V with changes
Annex III
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Annex III
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Annex VI
Annex IV
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Annex IV
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Annex V
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Annex VII with changes
Annex V
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Annex VI
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Annex IX with changes
Annex VII
Annex VIII
Annex VII
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Annex III, Part II
Annex VIII
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Annex IV
Annex IX
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Annex V
Annex X
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Annex VI
Annex XI
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Annex I, Part I, Part I, and Annex III (with amendments); Annex IV (unchanged)
Annex II
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Annex XII
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Annex II, Part II, Part II
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Annex II, Part I
Annex XIII
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Annex II, Part I, Part I
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Annex XIV
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Annex XV, Part A
Annex IV
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Annex XV, Part B
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Annex XVI
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Article 8
Article 7
Article 6 with changes

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COMMUNICATION FROM KOMMISSIONEN

The Commission notes the text to the Directive on air quality and cleaner air for Europe, which the Council and the European Parliament have adopted. In particular, the Commission considers that the European Parliament and the Member States of Article 22(4) of the Directive and recital 16 imposes Community measures to combat air polluting emissions by the source major importance.

The Commission is aware that the emissions of harmful air pollutants must be reduced if significant progress towards the targets set up in the sixth environmental action. Commission communication on a theme strategy for air pollution establishes a large number of possible Community measures. Since the adoption of the strategy made significant progress with the implementation of these and other measures:

– – The Council and Parliament have already adopted new legislation that limits the exhaust from light passenger cars and light commercial vehicles.

– – The Commission has adopted a proposal for new legislation in order to streamline Community legislation on industrial emissions, including from intensive agricultural plants, and measures with particular aim of minor industrial combustion sources.

– – The Commission has adopted a proposal for new legislation aiming to limit the exhaust from motors on heavy commercial vehicles.

– – For 2008, the Commission has plans for new legislative proposals, as:

– – further will reduce Member States' allowed national emissions of important pollution

– – will reduce emissions from gasoline filling at tank stations

– – will sharpen the rules on the sulphur content of fuels, including ship fuels.

– – It is also prepared to examine the possibility 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 products for auto repair coating

– – reducing the exhaust from mobile non-road machines, thereby maximizing the advantage of lower sulphur content in fuels for such machines as already proposed by the Commission.

– – The Commission will also in the framework of the International Maritime Organisation (IMO) continue to turn on sound for noticeable reductions in the emissions of ships and have committed to providing proposals for Community measures if IMO does not make adequate ambitious proposals in 2008.

However, the Commission maintains its initiative on better legislation and the requirement that new proposals are built by a comprehensive assessment of effects and benefits. In accordance with the Treaty establishing the European Community, the Commission will therefore continue to assess whether it is necessary to submit new legislative proposals as it reserves the right to decide whether and when it would be appropriate to submit such proposals.

ERBILITY FROM NEDERLANDENE

The Netherlands has always entered into the development of an ambitious and efficient European air quality policy and will continue to do it in the future. The Netherlands is therefore pleased that the Council and the European Parliament have reached a compromise, and it congratulates the European Parliament as well as the Commission and the Presidency with the result. With the now adopted Directive on air quality, progress has been achieved both for the environment and for health!

As The Netherlands already pointed out in the preparation of the common position, the air quality of the Netherlands is due to the cross-border character heavily depending on an effective European approach and will benefit from it. For the Netherlands, it has been important that the directive is a well-balanced package of European and national measures combined with deadlines that also make the objectives realistic. Only then it is possible for Member States to reach the ambitious objectives set.

The Netherlands emphasises that the Commission will present Community measures in good time. If the objectives must be reached throughout the EU at time, it is necessary with a sound European policy based on pollution prevention at the source. The Netherlands points for the lack of data and uncertainty about emissions and concentrations of especially fine particles (PM)2.5). The Netherlands will, of course, do its utmost to meet the objectives of the Directive for the specified time. With the knowledge currently available, this should be in the great entire way possible. The Netherlands is in the process of developing a national cooperation programme for air quality, which will allow to achieve these objectives for the specified time also in the areas where the emission limits are still exceeded.

The Netherlands is pleased that the Council and the European Parliament could end 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 the efforts in the countries around us. The Netherlands will, of course, work energetic to ensure that it by means of the national cooperation programme and all the local and regional measures will be possible to realize the European targets for the air quality.

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Annex 2

EUROPEAN PARLIAMENT AND OF THE COUNCIL DIRNING 2004/107/EC

of 15 December 2004

about the arsen, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons in the air

THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF THE COUNCIL UNION HAR –

Having regard to the Treaty establishing the European Community, and in particular Article 175(1) thereof,

Having regard to proposals by the Commission,

Having regard to the opinion of the European Economic Area

and Social Committee1),

after consulting the Committee of Regions,

after the procedure of Article 251 of the Treaty2), and

from the following considerations:

(1) Based on the principles of Article 175(3) of the Treaty, it is in the sixth environmental action programme which is at issue by the European Parliament and of the Council No. 1600/2002/EC3) 3), determined that it is necessary to reduce pollution to a level that has the least possible harm to human health – with particular emphasis on sensitive populations – and for the environment as a whole, to improve the monitoring and vurde wavering of the air quality, including the position of preparatory substances, and to provide information to the public.

(2) According to Article 4(1) of Council Directive 96/62/EC of 27 September 1996 on the assessment and control of air quality4) the Commission shall submit proposals for the regulation of the pollutants listed in Annex In the Directive, taking into account the provisions of paragraph 3 and 4 of the same article.

(3) The research has shown that arsen, cadmium, nickel and certain polycyclic aromatic hydrocarbons are genotocese and carcinogenic for humans, and that no threshold value can be fixed, including those substances not present any risk of human health. The effects of human health and the environment occur via the presence of the air and via deposition. In some certain areas, it is not cost effective to reach such concentrations in the air of the arsen, caduringmium, nickel and polycyclic aromatic hydrocarbons that there is no significant risk for human health.

(4) For the purpose of minimising the airborne arsens, cadmiums, nickels and polycyclic aromatic hydrocarbons harmful effects for human health – with particular emphasis on sensitive populations – and for the environment as a whole, measurements must be set as far as possible. Benzo[a]pyren must be used as a marker for the carcinogenic risk of polycyclic aromatic hydrocarbons in the air.

(5) The measurement values will not require measures that contain excessive costs. In the field of industry, the target values will not lead to other preparatory figures than the use of BAT (the best available technique) as required by Council Directive 96/61/EC of 24 September 1996 on integrated prevention and anchoring pollution of pollution5), and they will not lead to the closure of installations. However, they assume that Member States take all cost effective emission-related measures in the relevant sectors.

(6) The measured values of this Directive shall not be considered as milan quality requirements as defined in Article 2(7) of Directive 96/61/EC if Article 10 requires stricter conditions than those that can be obtained by the use of BAT.

(7) In accordance with Article 176 of the Treaty, with the Treaties of Justice, the Member States may maintain or introduce stricter safeguards concerning the arsen, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons provided that they are compatible with the Treaty and are notified to the Kommissi Den.

(8) Where concentrations exceed certain assessment thresholds, monitoring of scarlet, cadmium, nickel and benzo[a]pyren should be mandatory. A supplementary means for the assessment of the concentration may be reduced by the number of sampling points. Further monitoring of the rear floor concentration concentrations in the air and the background deposit.

(9) Gold is a substance that is very dangerous for human health and the environment. It occurs everywhere in the environment and can in the shape methylkvik silver accumulate in organisms and especially concentrate organisms in higher in the food chain. Credential silver, which in the atmosphere can be transported over large distances.

(10) In 2005 the Commission will present a collaborative approach with measures to protect the health and the environment of men from the discharge of mercury on the basis of a lifecycle approach and taking into account production, use, waste treatment and emissions. The Commission should consider all appropriate measures in order to reduce the amount of gold in ecosystems on land and to water and thus the oral intake of mercury through the food and avoid mercury in certain products.

(11) The effects of arsen, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons for human health, including through the food chain, and for the environment as a whole, arise via concentrations in the air and via deposition. It should be taken into account the accumulation of these substances in the soil and to protect the groundwater. In order to make the review of the Directive in 2010 easier, the Commission and the Member States should encourage research in the effects of the arsen, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons for human health and the environment, especially via deposition.

(12) Standardized accurate measuring techniques and one’s criteria for placement of measuring stations are important for assessing the air quality as they obtained information thereby be comparable to the entire Community. It is recognized that it is important to establish reference measuring methods. The mission has already provided mandate for the preparation of CEN standards for measuring the components of the air, for which measured values (arsen, cadmium, nickel and benzo[a]pyren), and for the position of heavy metals for rapid design and adoption. When there is no CEN standard methods, the use of international or national standard reference methods should be allowed.

(13) The concentration and position of the regulated pollutants should be sent to the Kommissio repertoire as a basis for regular reports.

(14) The public should have easy access to up-to-date upscales on concentrations in the air and the position of the regulated pollutants.

(15) Member States should lay down the penalties applicable to infringements of the provisions of this Directive and ensure that they are used. The penalties should be effective, proportionate to the infringement and have a defesssing effect.

(16) Measures to implement this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission6).

(17) Amendments necessary for the adaptation of this Directive to the scientific and technical development should only apply criteria and techniques to the assessment of concentrations and the position of the regulated fornic substances or the details of the information sent to the Commission. They should not directly or indirectly affect any change of the target values –

DIRNING DIRNING:

Article 1

Purpose

The purpose of this Directive is to:

a) setting a target value for the concentration of arsen, cadicular, nickel and benzo[a]pyren in the air in order to avoid, counter or reduce scars, cadmiums, nickels and polycyclic aromatic hydrocarbons harmful effects for human health and the environment as a whole

b) ensure that the air quality, in terms of arsen, cadmium, nickel and polycyclic aromatic hydrocarbons, is preserved where it is good, and improved in other cases

(c) establish common methods and criteria for assessing concension enzymes of arsen, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons in the air and the position of arsen, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons

d) ensure that sufficient information on concentration of arsen, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons are provided in the air and on the position of arsen, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons, and that the public gets access to them.

Article 2

Definitions

In this Directive, definitions are used in Article 2 of Directive 96/ 6 2/EC, except the definition of ‘value’.

Also understood by:

a) ‘measure value’ means a concentration in the air established in the intention to avoid, prevent or reduce the harmful virks for human health and the environment as a whole, and as far as possible must be reached during a specific period

b) ‘collectively, the total mass of pollutants transferred from the atmosphere to surface (e.g. soil, vegetation, water, buildings, etc.) in a certain area within a particular time

(c) ‘øve assessment threshold’ means a level specified in Annex II, which can be used a combination of measurements and modeling techniques to assess the air quality of oversight with Article 6(3) of Directive 96/62/EC

d) ‘necessary assessment threshold’ means a level specified in Annex II, in which the assessment of the air quality can be based solely on modeling techniques or objective estimation in accordance with Article 6(4) of Directive 96/62/EC;

e) ‘fast measurements’ means measurements that take place in fixed locations, either continuous or by samples, in accordance with Article 6(5) of Directive 96/62/EC

(f) ‘a’, ‘cadmium’, ‘nikkel’ and ‘benzo[a]pyren’ means the total content of these substances and connections in PM10 10- fraction

g) »PM10 10«: the particles that pass through a sized silver as defined in EN 12341 with 50% effective cutting at 10 μm aerodynamic diameter

h) ‘polycyclic aromatic hydrocarbons’ means organic compounds consisting of at least two condensed aromatic rings and contains only carbon and hydrogen

in) ‘silver silver on steam form’ means steam of free mercury (Hg0) and reactive mercury on steam form, i.e. water-soluble silver compounds with a so high steam pressure that they can exude the dentures in gas phase.

Article 3

Measurement values

1. From 31 December 2012 Member States shall take all necessary measures which do not involve the irregularity of the arsen, cadmium, nickel and benzo[a]pyren, used as a marker for the cancer risk of polycyclic aromatic hydrocarbons in the air, which assessed in accordance with Article 4, do not exceed the measured value laid down in Annex I.

2. Member States shall set up a list of zones and urban areas where the arsen-, cadmium, nickel and benzo[a]pyrenni denari is under the respective target values. Member States shall hold these zones and urban areas the level of these pollutants during the target value and aim to maintain the best air quality compatible with sustainable discharge.

3. Member States shall set up a list of zones and urban areas where the target values in Annex You are exceeded.

For these zones and urban areas, Member States specify which places are exceeded and which sources contribute to the excess. The Member States concerned ensure that there are all necessary measures that do not involve excessive costs and are specifically targeted to the main sources of pollution to reach the target values. For industrial plants covered by Directive 96/61/EC, this applies to BAT as defined in Article 2, no. 11 of that Directive.

Article 4

Assessment of concentrations in the air and deposition

1. The air quality in terms of arsen, cadmium, nickel and benzo[a]pyren is assessed by the Member States throughout their territory.

2. According to the criteria set out in paragraph 7, the measurement is mandatory in concurrent zones:

a) zones and urban areas where the levels are flour-lem the upper and the lower assessment threshold, and

b) other zones and urban areas where the levels over- ladder the upper assessment threshold.

These measurements can be supplemented with modeling techniques to provide an adequate level of information in relation to the air quality.

3. A combination of measurements referred to in Annex IV, Section I, among other things, Indicative measurements, and modeling techniques can be used to assess the air quality of zones and urban areas where the levels of a representative period are between the upper and the lower assessment threshold, cf. Annex II, Section II.

4. In zones and urban areas where the levels are below the lower assessment threshold set out in Annex II, Section II, it must be possible only to apply modelling techniques or objective estimation to the assessment of the levels.

5. When pollutants must be measured, the measurements must take place at fixed locations, either continuously or by sampler. The number of measurements must be sufficient to be determined.

6. The upper and lower assessment thresholds for the arsen, cadmium, nickel and benzo[a]pyrene in the air are those listed in Annex II, Section I. The classification of the individual zones and urban re-examinations for the application of this article shall be reassessed at least every five years after the procedure in Annex II of this Directive. The classification is reassessed before in case of significant changes in the activities relevant to the concentrations of scarlet, cadmium, nickel and benzo[a]pyrene in the air.

7. The criteria for the placement of sampling points for measuring the arsen, cadmium, nickel and benzo[a]pyrene in the air for assessing whether the values are complied with are specified in Annex III, Section I and II. In Annex III, Section IV, the minimum number of sampling points for fixed measurements of concentrations of each pollutant substance, and these places are placed in each zone and each urban area where measurement is required if fixed measurements are the only source of data on the concentrations there.

8. Member States shall monitor other relevant polycyclic aromatic hydrocarbons on a smaller number of measuring sites in order to assess the contribution in the air from benzo[a]pyren. These precursors must at least include the following: benzo[a]anthracen, benzo[b]fluoranthen, benzo[j]fluoranthen, benzo[k]fluoranthen, beforeo[1,2,3cd]pyren and dibenzo[a,h]anthracen. The monitoring sites for these polycyclic aromatic hydrocarbons are placed along with the sampling points for the benzo[a]pyren and are selected in such a way that it is possible to demonstrate geographical variations and long-term trends. Annex III, paragraph I, II and III, fine-performing.

9. No concentration level should be placed behind the spotlight for each 100 000 km2 for indictive measurement in the air of the arsen, cadmium, nickel, mercury on steam form in all, benzo[a]pyren and the other polycyclic aromatic hydrocarbons mentioned in paragraph 8 and the total deposition of the ar, cadmium, mercury, benzo[a]pyren and the other polycyclic aromatic hydrocarbons mentioned in paragraph 8 and the total deposition of the ar, cadmium, mercury, nickel, benzo[a] and the other polycyclic aromatic hydrocarbons mentioned in paragraph 8. 8. Each Member State shall create at least one measuring station. However, Member States may, in accordance with guidelines set out in Article 6, create one or more common measuring stations covering neighbour zones in Member States that encounter each other, to achieve the necessary spatial resolution. It is also recommended to measure particles and divalent mercury on steam form. When it is appropriate, the overseenin sheriffgen should be coordinated with the EMEPs (same work programme for overseeking and assessing the transport of air pollutants over large distances in Europe) monitoring strategy and measurement program. The sampling points for these pollutants should be placed in such a way that it is possible to detect geographical variations and long term trends. Annex I, II and III shall apply.

10. Use of bio indicators can come to speak, where the regional patterns of the eco-symemory effect should be assessed.

11. For zones and urban areas where the information from fixed measuring stations is supplemented with information from other sources, such as emission records, Indicative measurement methods and air quality modeling, the number of fixed measuring stations created and the spatial resolution of other techniques must be sufficient for the concentration of air pollutants to be determined in oversight with Annex III, Section I, and IV of Annex IV.

12. The data quality objectives are set out in Annex IV, Section I. If air quality models are used for the assessment, Annex IV, Part II shall apply.

13. Reference methods for sampling and analysis of arsen, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons are laid down in Annex V, Section I, II and III. Annex V, Section IV, contains reference techniques for measuring the total deposition of arsen, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons, and Annex V, Section V, contains reference modelling techniques for air quality when such techniques are found.

14. Member States shall notify the latest on the date of Article 10 of the Commission on the methods used for the pre-existing assessment of the air quality pursuant to Article 11(1)(d) of Directive 96/62/EC.

15. Any changes in order to customize the stocks in this article and in Annex II, Section II, and in Annex III-V to the scientific and technical development shall be adopted after the proceducing in Article 6, but shall not lead to any direct or indiverted changes to the target values.

Article 5

Data and reporting

1. As regards the zones and urban areas, only one of the target values in Annex In excess, Member States shall submit the information to the Commission:

a) a list of the zones concerned and urban areas

b) the areas of exceeds

(c) the assessed concentration values

d) the causes of oversight, in particular, the sources of propagations.

e) the population exposed to such exceeding.

Member States shall also report all data assessed in accordance with Article 4, unless they have already reported pursuant to Council Decision 97/101/EC of 27 January 1997 on the mutual exchange of information and data from networks and individual stations measuring air pollution in Member States7).

The information is reported for each calendar year, no later than 30 September in the following year, the first time for the calendar year following 15 February 2007.

2. In addition to the information prescribed in paragraph 1, Member States shall report any measurements made in accordance with Article 3.

3. The Commission shall ensure that all information submitted pursuant to paragraph 1 shall be immediately made available to the public in appropriate manner, such as via the Internet, the press and other easily accessible media.

4. The Commission shall adopt the procedure referred to in Article 6 of the detailed details of how they should be submitted in paragraph 1.

Article 6

Committee

1. The Commission is assisted by the committee established by Article 12(2) of Directive 96/62/EC.

2. Where Article 5 and 7 of Decision 1999/468/EC are referred to in Article 8 of this Article.

The period in Article 5(1) of Decision 1999/468/EC shall be established for three months.

3. The committee shall adopt its rules of procedure.

Article 7

Information about the public

1. Member States shall ensure that clear and understandable information on the concentrations of the air of the arsen, cadmium, mercury, nik-kel and benzo[a]pyren and the other polycyclic aromatic hydrocarbons referred to in Article 4(3), as well as whether the position of arsen, cadmium, mercury, nickel and benzo[apy]pyren and the other polycyclic aromatic hydrocarbons, which are available in Article 4(2) of the public health organisations, such as the public health organisations.

2. Among the information, any annual oversights of the measured values for the arsen, cadmium, nickel and bone saute[a]pyren set out in Annex I. It is stated why and in which place the exceeds are occurred. There must also be a short assessment regarding the target value and appropriate oplysnin pigs with regard to the effects of health and the environment.

In accordance with Article 3, the organisations referred to in paragraph 3 shall be provided. 1.

3. The information is provided via e.g. the Internet, the press and other easily accessible media.

Article 8

Report and review

1. Within 31 December 2010, the Commission presented the European Parliament and the Council a report

a) on experience with the use of this Directive

b) especially on the results of the latest scientific research in the effects of human health with special emphasis on sensitive populations and the environment as a whole, of exposure to scarlet, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons, as well as

(c) on the technological development, including the progress made within the methods of measurement and assessment of concentration of these pollutants in the air and the position thereof.

2. In the report referred to in paragraph 1, emphasis is placed on confusion:

a) current air quality and trends and projections for 2015 and later

b) the possibilities for further reduction of pollutants from all relevant sources and the benefits of introducing limit values to reduce the risk of human health for the pollutants referred to in Annex In taking into account technical genetic integrity and cost efficiency as well as the eventual essential additional health and environmental protection that this would involve

(c) the context of pollutants and possiblehe the respondents for combined strategies for the improvement of the aerial quasi in the Community and related objectives

d) current and future needs for information on publicity and information exchange between Member States and the Commission

e) experience with the application of this Directive in the member stacks, especially the conditions carried out under Annex III

(f) secondary economic benefits for environment and health by reducing emissions of arsen, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons, to the extent these can be assessed

g) the appropriateness of the particle size fraction used for sampling on the basis of the general requirements for measuring particles

h) Benzo[a]pyrens's suit as a marker for polycyclic arofaric hydrocarbons total carcinogenic activity taking into account the polycyclic aromatic hydrocarbons, which consider gas form, such as fluorode.

In the light of the latest scientific and technological development, the Commission also examines the effects of the arsen, cadmium and nickel for human health in order to kvantificerate these substances' genotocese carcinogenicity. Based on the measures adopted in accordance with the mercury strategy, the Commission shall also consider whether additional measures for mercury will be appropriate taking into account technical remediation and cost efficiency as well as the potentially additional health and environmental protection that this would involve.

3. For the purpose of bringing the concentrations of the air down to a level that will reduce the harmful effects of the health of the men concerned and lead to a high level of protection for the environment as a whole, it may, in paragraph 1, take into account whether further measures are technically feasible and cost effective, possibly be accompanied by proposals for the modification of this Directive in particular taking into account the resultsa raisles achieved in accordance with paragraph 1. 2. In addition, the Commission consider a possible regulation of the arsen, cadmium, mercury, nickel and specific polycyclic arotic hydrocarbons.

Article 9

Saintions

Member States shall lay down the sanctions which shall take account of infringements of national provisions which shall be carried out under this Directive and shall take all the measures necessary to ensure the implementation of them. The Statics must be effective, proportionate and dissuasive.

Article 10

Implementation

1. Member States shall bring the laws and administra conductive provisions to comply with this Directive within 15 February 2007. They shall immediately notify the Commission thereof.

These provisions shall include a reference to this Directive or shall be accompanied by such a reference. The detailed rules for the reference are laid down by the Member States.

2. Member States shall notify the Commission the word of the main national legislation which they issue in the area covered by this Directive.

Article 11

Power

This Directive shall enter into force on the twentieth day following the release of the publication in Official Journal of the European Union.

Article 12

Addresses

This Directive is aimed at Member States.

Done at Strasbourg, 15 December 2004.

On behalf of the European Parliament
On behalf of the Council
J. P. BORRELL FONTELLES
A. NICOLAÏ
Chairman
Chairman

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BILAG In

Measurement values for arsen, cadmium, nickel and benzo[a]pyren

Pollution
Goal value 1)
Arsen
6 ng/m3
Cadmium
5 ng/m3
Nickel
20 ng/m3
Benzo[a]pyren
1 ng/m3
1) The total content of the PM10 fraction was taken as an average of a calendar year.

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BILAG II II

Fixing the inscriptions for assessing concentration in the air of thears, cadmium, nickel and benzo[a]pyren in a zone or a city area

In. Upper and lower assessment thresholds

The following upper and lower assessment thresholds shall apply:

Arsen
Cadmium
Nickel
B(a)P
Upper assessment threshold in percentage of the limit value
60%
(3.6 ng/m3)
60%
(3 ng/m3)
70%
(14 ng/m3)
60%
(0.6 ng/m3)
Reduced assessment threshold in percentage of the limit value
40%
(2.4 ng/m3)
40%
(2 ng/m3)
50%
(10 ng/m3)
40%
(0.4 ng/m3)

II. Determination of the upper and lower assessment thresholds

Exclusion of the upper and lower assessment thresholds is determined on the basis of the concentrations of the previous five years if sufficient information is available. An assessment threshold is considered exceeded if it has been exceeded for at least three calendars out of the previous five years.

For less than five years, Member States may combine short-term measurement campaigns during the year and in the places considered typical of the highest levels of pollution, with the result of uplightings from emission registers and model calculations, and thus determining the exceeds of the upper and lower Vurdessots.

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BILAG III

Location and minimum number of sampling points for measuring concentration in the air and deposition

In. Overall Location

Sample outlets should be placed so,

– – to obtain information about the places in zones and urban areas where the population is assumed to be directly or indirectly exposed to the biggest concentrations as average over a calendar year

– – obtaining information about the levels of elsewhere in zones and urban areas, which are representative of the levels the population is exposed in general

– – to obtain information about the position representing the indirect exposure of the population re-nem the food chain.

The sampling points should generally be placed so that it is avoided to measure very small micro environments in their immediate vicinity. As a rule, a sampling point should be placed so that the samples are representative of the air quality in an surrounding area of at least 200 m2 on trafficed locations, at least 250 m × 250 m in industrial location boards when possible and on several square kilometres in urban background localities.

If the purpose is to assess the background level, the sampling site should not be affected by urban areas or industrial areas near, i.e. areas in a distance of less than a few km.

Where contributions from industrial sources must be assessed, at least one sampling point is placed in the nearest residential area of the winding. Where the background concentration is not known, another sampling point is placed in the ophthalmination. The sampling points should, in particular when Article 3(3), apply, be placed so that the use of BAT can be monitored.

Trials should also as far as possible be representative of similar locations which are not in their immediate vicinity. If appropriate, they should be placed together with sampling points for PM10.

II. Individual setup

The following guidelines shall be as far as possible:

– – The flow around the sampling intake should be free and without obstacles affecting the air flow near the sampler (usually some meters from buildings, balconies, trees and other obstacles and at least 0.5m from the nearest building when it comes to sampling points representing the air quality of the building line).

– – Generally, the sampling experience should be between 1.5 m (inhalation zone) and 4 m above the ground. Higher locations (up to 8 m) may be necessary in certain circumstances. Higher location can also be appropriate if the station is representative of a large area.

– – The intake of the sampler should not be located in the immediate vicinity of sources, so direct intake of emissions that are not mixed with the air is avoided.

– – The return of the sampler should be placed so that the return air is not sucked into the sampler.

– – Traffic-oriented sampling sites should be at least 25 metres from the edge of greater cross and at least 4 metres from the centre of the nearest road. The suction hoppers should be placed so that they are representative of the air quality near the building line.

– – For deposit measurements in background areas in rural areas, the guidelines and criteria of the EMEPs should as far as possible apply when second is not set out in the Annex.

The following factors should also be taken into account:

– – interfered sources

– – safety

– – access access access access

– – options for connecting to electricity and phone

– – the visibility of the location

– – public and operators security

– – desire to have the same sampling point for various pollutants

– – plan requirements.

III. Documentation and review of location

The methods of choice of location should be fully documented at the classification stage using the compass point images of the surroundings and a detailed map. The locations should be regularly taken up to reassessment with renewed documentation, so that the selection criteria are still met.

IV. Criteria for determining the number of sampling points for fixed measurement of concentration of arsen, cadmium, nickel and benzo[a]pyren in the air

At least the number of sampling points for fixed measurement to assess compliance with the values of the protection of human health in zones and urban areas where fixed measurement is the only source of information.

a) Diffuser sources

Population in urban area or zone
(tus)
If the concentrations exceed the upper assessment threshold 1)
If the maximum concentration is between the upper and the lower assessment threshold
As, CD, Ni
B(a)P
As, CD, Ni
B(a)P
0–749
1
1
1
1
750–1999
2
2
1
1
2000–3749
2
3
1
1
3750–4749
3
4
2
2
4750–5999
4
5
2
2
≥ 6000
5
5
2
2
1) Must include at least one behind station in cities and for the benzo[a]pyren also a traffic-oriented station, provided that the number of sampling points are not thereby increased.

b) Point sources

For the purposes of the assessment of pollution near point sources, the number of samplingrs for fixed measurement is determined taking into account emission density, the likely spread patterns for air demand and the potential exposure of the population.

The sampling points should be placed so that the use of BAT as defined in Article 2, no. 11 of Directive 96/61/EC can be monitored.

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BILAG IV

Data quality measurements and requirements for air quality models

In. Data quality goals

The following data quality targets are provided as a guide to quality assurance.

Benzo[a]pyren
Arsen, cadmium and nickel
Other polycyclic aromatic hydrocarbons than benzo[a]pyren,
Mercury on
steam form
Total deposition
– U safety
Fixed and dedication
50%
40%
50%
70%
Models
60%
60%
60%
60%
– Minimum data registration
90%
90%
90%
90%
– At least time coverage
Fixed measurements
30%
50%
Indicative measurements *)
10%
10%
10%
30%
*) Indicative measurements are measurements made with reduced frequency, but which meet the other data quality targets.

Insecurity (printed at a level of level of 95 %) by the methods used for the assessment of concentration in the air are assessed in accordance with the principles of CEN’s »Guide to the Expression of Uncertainty in Measure-ment« (ENV 13005-1999), ISO 5725 method (1994) and the guidelines in »CEN Report Air Quality – Approach to the estimation of ambient air reference methods (2014 142002) The Usecurity rates are specified for individual measurements, which are calculated as an average of typical sampling time for a 95 % ratio. The security of the measurements should be interpreted as applicable in the area around the relevant target value. Fixed and dedication measurements must be distributed evenly over the year to avoid distorted results.

The minimum data registration and time coverage requirements do not include data loss due to regular calibration or normal maintenance of the appliance. For measuring the benzo[a]pyren and other polycyclic aromatic hydrocarbons, sampling over a whole day. Individual samples taken over a period of up to one month can be combined and analyzed as a composite sample if the method ensures that the samples are stable for that period. The three congens benzo[b]fluoranthen, benzo[j]fluoranthen and benzo[k]fluoranthen can be difficult to dissolve analytical. In such cases, they can be reported together. Trial over a whole day is also advised for measuring arsen, cadmium and nickel concentrations. The sampling must be equally distributed over the day and over the whole year. To measure the position, monthly or weekly samples are recommended throughout the year.

Member States may use wet sampling alone instead of bulk sampling if they can demonstrate that the difference between them is below 10%. The position should generally be specified in μg/m2 per day.

Member States may apply a lower minimum time coverage than the specified in the table, but not lower than 14 % for fixed measurements and 6 % for Indicative measurements, if they can demonstrate that the increased uncertainty of 95 % for the annual average, calculated from the data quality measurements in the table according to ISO 112 22:2002 – ‘Itermination of the praised of the average average of air quality roasting’ is met.

II. Requirements for air quality models

If an air quality model is used for assessment, references to the descriptions of the model and raise awareness of the uncertainty must be specified. The safety of modeling is defined as the maximum deviation between the measured and the calculated concentration levels over one year without regard to when the measurement results are registered.

III. Requirements for lenses

When lenses are used, uncertainty must not be greater than 100%.

IV. Standardisation

For substances to be analysed in the PM10 fraction, the sampling amount refers to the modification conditions.

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BILAG V

Reference methods for assessing concentrations in the air and the position

In. Reference method for sampling and analysis of arsen, cadmium and nickel in the air

The reference method for measuring arsen, cadmium and nickel concentrations in the air is below standardization in CEN and is based on manual PM10 10- sampling equivalent to EN 12341 followed by the solution of the samples and analysis of atomic spectrometrics or ICP mass spectrometrics. As long as there is no CEN standard method, Member States can use national standard methods or ISO standard methods.

Member States may also use other methods that they can demonstrate results corresponding to those mentioned here.

II. Reference method for sampling and analysis of polycyclic aromatic hydrocarbons in the air

The reference method for measuring benzo[a]pyren concentrations in the air is below standardization in CEN and is based on manual PM10 10- sampling equivalent to EN 12341. As long as there is no CEN standard method for benzo[a]pyren or the other polycyclic aromatic hydrocarbons referred to in Article 4(3), Member stacks can use national standard methods or ISO methods such as ISO standard 12884.

Member States may also use other methods that they can demonstrate results corresponding to it.

III. Reference method for sampling and analysis of mercury in the air

As a reference method for measuring the concentration of mercury on steam form in all of the air is used an automated method that is based on atomic absorption spectrometrics or atomic fluorometrics. As long as there is no CEN standard method, Member States can use national standard methods or ISO standard methods.

Member States may also use other methods that they can demonstrate results corresponding to it.

IV. Reference method for sampling and analysis of the position of arsen, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons

The reference method for sampling deponeret arsen, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons must be based on the exposure of cylinder-shaped deposition measurements with standard dimensions. As long as there is no CEN standard method, Member States can use national standard methods.

V. Reference modeling techniques for air quality

Reference modeling techniques for air quality cannot be set at the moment. All changes to adapt this point to the scientific and technical development must be adopted in accordance with the procedure referred to in Article 6.

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Official notes

1) The decision shall contain provisions implementing Directive 2008/50/EC of the European Parliament and of the Council of 21 May 2008, EU-Tidende 2008 No. L 152, page 1 and Directive 2004/107/EC of the European Parliament and of the Council of 15 December 2004, EU-Tidende 2005 No. L 23, page 3.

1) EUT C 195 of 18.8.2006, p. 84.

2) EUT C 206 of 29.8.2006, p. 1.

3) 3) Opinion of the European Parliament of 26.9.2006 (OJ C 306 E of 15.12.2006, p. 102), Council Common Position of 25.6.2007 (EUT C 236 E of 6.11.2007, p. 1) and Position of the European Parliament of 11 December07. Council Decision of 14.4.2008.

4) OJ L 242 of 10.9.2002, p. 1.

5) OJ L 296, 21.11.1996, p. 55. Changed by Regulation (EC) No 1882/2003 (EUT L 284 of 3110.2003, p. 1).

6) OJ L 163 of 29.6.1999, p. 41. Changed by Commission Decision 2001/744/EC (OJ L 278, 23.10.2001, p. 35).

7) OJ L 313, 13.12.2000, p. 12.

8) EFT L 67 of 9.3.2002, p. 14.

9) OJ L 35 of 5.2.1997, p. 14. Changed by Commission Decision 2001/752/EC (OJ L 282 of 2610.2001, p. 69).

10) EUT L 23 of 26.1.2005, p. 3.

11) OJ L 171, 27.6.1981, p. 11.

12) OJ L 309, 27.11.2001, p. 22. Last modified by Council Directive 2006/105/EC (EUT L 363 of 20.12.2006, p. 368).

13) OJ L 309, 27.11.2001, p. 1. Last modified by Council Directive 2006/105/EC.

14) OJ L 189 of 18.7.2002, p. 12.

15) EUT L 24 of 29.1.2008, p. 8.

16) EUT L 87 of 25.3.2004, p. 50.

17) EUT L 108 of 25.4.2007, p. 1.

18) EUT C 321 of 31 December03, p. 1.

19) OJ L 184 of 17.7.1999, p. 23 Changed by decision 2006/512/EC (EUT L 200 of 22.7.2006, p. 11).

20) Council Directive 89/654/EEC of 30 November 1989 on minimum safety and health conditions (OJ L 393, 30.12.1989, p. 1). Changed by Directive 2007/30/EC of the European Parliament and of the Council (OJ L 165, 27.6.2007, p. 21).

2) EUT L 334 of 30.11.2006, p. 1.

1) OJ L 76, 6.4.1970, p. 1. Last modified by Directive 2006/96/EC (EUT L 363 of 20.12.2006, p. 81).

2) OJ L 365 by 3112.1994, p. 24. Changed by Regulation (EC) No 1882/2003 (OJ L 284 of 3110.2003, p. 1).

3) 3) EUT L 24 of 29.1.2008, p. 8.

4) OJ L 59 of 27.2.1998, p. 1. Last modified by Directive 2006/105/EC.

5) OJ L 350 of 2812.1998, p. 58. Last modified by Regulation (EC) No 1882/2003.

6) OJ L 85 of 29.3.1999, p. 1. Last modified by Directive 2004/42/EC of the European Parliament and of the Council (OJ L 143, 30.4.2004, p. 87).

7) OJ L 121, 11.5.1999, p. 13. Last modified by the Directive of the European Parliament and of the Council 2005/33/EC (EUT L 191 of 22.7.2005, p. 59).

8) OJ L 332, 28.12.2000, p. 91.

9) EUT L 143 of 30.4.2004, p. 87.

10) EUT L 191 of 22.7.2005, p. 59.

11) EUT L 275 of 20.10.2005, p. 1. Last modified by Regulation (EC) No 715/2007(EUT L 171 of 29.6.2007, p. 1).

12) EUT L 114 of 27.4.2006, p. 64.

1) EUT C 110 of 30.4.2004, p. 16

2) Opinion of the European Parliament of 20.4.2004 (not yet published in the EUT), Council Decision of 15.11.2004.

3) 3) OJ L 242 of 10.9.2002, p. 1.

4) OJ L 296, 21.11.1996, p. 55. Changed by Regulation (EC) No 1882/2003 (EUT L 284 of 3110.2003, p. 1).

5) EFT L 257 of 10.10.1996, p. 26. Last modified by Regulation (EC) No 1882/2003.

6) OJ L 184 of 17.7.1999, p. 23

7) OJ L 35 of 5.2.1997, p. 14. Changed by Commission decision 2001/752/EC (OJ L 282 of 2610.2001, p. 69).