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Decision of 18 August 2009, laying down provisions for measures referred to in Article 5.17 of the Environmental Management Act and the administrative bodies responsible for those measures (Decision measures guide values (air quality requirements))
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
On the nomination of Our Minister of Housing, Spatial Planning and the Environment of 20 April 2009, no. BJZ2009027220, Executive Board of Administrative and Legal Affairs;
Having regard to Article 5.17 of the Environmental Management Act ;
The Council of State heard (opinion of 19 June 2009, no. W08.09.0141/IV);
Having regard to the further report by Our Minister for Housing, Spatial Planning and the Environment of 11 August 2009, No BJZ2009048457, Directorate of Administrative and Legal Affairs;
Have found good and understand:
For the purposes of this Decision and the provisions based thereon, the following definitions shall apply:
1 Our Minister proposes all necessary measures which do not entail disproportionate costs, aimed at achieving, as far as possible, a provision in Reg 8.1, point a, or 8.2, point a, of Annex 2 of the Act Target value for ozone in zones or agglomerations where the concentrations of ozone are higher than that guide value. These measures may be included in a plan for the implementation of Article 6 of the Treaty. Directive 2001 /81/EC from the European Parliament and the Council of 23 October 2001 on national emission ceilings for certain atmospheric pollutants (Pb EC L 309).
2 The first paragraph shall apply mutatis mutandis where the concentrations of ozone are higher than a long-term guide value, set out in Regulation 8.1. (b) or 8.2 (b). Annex 2 of the Act , but be lower than or equal to a target value for ozone included in Regulation 8.1. (a) or 8.2 (a) of that Annex, subject to the provision of cost-effective measures in that case.
Our Minister shall adopt all necessary measures which do not entail disproportionate costs, aimed at achieving, as far as possible, a requirement of 4.3 or 4.7 of this Regulation. Annex 2 of the Act Target value for particulate matter (PM2, 5) in zones or agglomerations where concentrations of particulate matter (PM2, 5) are higher than that guide value. These measures may be part of a programme as referred to in Article 5.12, first paragraph , or 5.13, first paragraph, of the Act .
The governing bodies shall, in the case of it, adopt all necessary measures which do not entail disproportionate costs, aimed at achieving, as far as possible, a provision in Regulation 9.1., 10.1, 11.1. or 12.1 of this Regulation. Annex 2 of the Act Target value for arsenic, cadmium, nickel or benzo (a) pyrene in zones or agglomerations where concentrations of arsenic, cadmium, nickel or benzo (a) pyrene are higher than that guide value. The measures shall be directed, in particular, on the largest sources of emissions.
Ministerial rules may be subject to rules as set out in Article 5.15, introductory wording and point (c) of the Act .
This Decision shall enter into force from the day following the date of issuance of the Official Gazette, in which it is placed, and shall return to it until 1 August 2009.
This decision is referred to as: Decision measures guide values (air quality requirements).
Charges and orders that this Decision will be placed in the Official Journal by means of the note of explanatory note accompanying it.
' s-Gravenhage, 18 August 2009
Beatrix
The Minister for Housing, Spatial Planning and the Environment,
J. M. Cramer
Issued the first September 2009The Minister of Justice,
E. M. H. Hirsch Ballin
