ANNEX I

DATA QUALITY OBJECTIVES

A.   Data quality objectives for ambient air quality assessment

	Sulphur dioxide, nitrogen dioxide and oxides of nitrogen and carbon monoxide	Benzene	Particulate matter (PM10/PM2,5) and lead	Ozone and related NO and NO2
Fixed measurements (1)
Uncertainty	15 %	25 %	25 %	15 %
Minimum data capture	90 %	90 %	90 %	90 % during summer 75 % during winter
Minimum time coverage:
— urban background and traffic	—	35 % (2)	—	—
— industrial sites	—	90 %	—	—
Indicative measurements
Uncertainty	25 %	30 %	50 %	30 %
Minimum data capture	90 %	90 %	90 %	90 %
Minimum time coverage	14 % (4)	14 % (3)	14 % (4)	> 10 % during summer
Modelling uncertainty:
Hourly	50 %	—	—	50 %
Eight-hour averages	50 %	—	—	50 %
Daily averages	50 %	—	not yet defined	—
Annual averages	30 %	50 %	50 %	—
Objective estimation
Uncertainty	75 %	100 %	100 %	75 %

The uncertainty (expressed at a 95 % confidence level) of the assessment methods will be evaluated in accordance with the principles of the CEN Guide to the Expression of Uncertainty in Measurement (ENV 13005-1999), the methodology of ISO 5725:1994 and the guidance provided in the CEN report ‘Air Quality — Approach to Uncertainty Estimation for Ambient Air Reference Measurement Methods’ (CR 14377:2002E). The percentages for uncertainty in the above table are given for individual measurements averaged over the period considered by the limit value (or target value in the case of ozone), for a 95 % confidence interval. The uncertainty for the fixed measurements shall be interpreted as being applicable in the region of the appropriate limit value (or target value in the case of ozone).

The uncertainty for modelling is defined as the maximum deviation of the measured and calculated concentration levels for 90 % of individual monitoring points, over the period considered, by the limit value (or target value in the case of ozone), without taking into account the timing of the events. The uncertainty for modelling shall be interpreted as being applicable in the region of the appropriate limit value (or target value in the case of ozone). The fixed measurements that have to be selected for comparison with modelling results shall be representative of the scale covered by the model.

The uncertainty for objective estimation is defined as the maximum deviation of the measured and calculated concentration levels, over the period considered, by the limit value (or target value in the case of ozone), without taking into account the timing of the events.

The requirements for minimum data capture and time coverage do not include losses of data due to the regular calibration or the normal maintenance of the instrumentation.

B.   Results of air quality assessment

The following information shall be compiled for zones or agglomerations within which sources other than measurement are employed to supplement information from measurement or as the sole means of air quality assessment:

—	a description of assessment activities carried out,

—	the specific methods used, with references to descriptions of the method,

—	the sources of data and information,

—

a description of results, including uncertainties and, in particular, the extent of any area or, if relevant, the length of road within the zone or agglomeration over which concentrations exceed any limit value, target value or long-term objective plus margin of tolerance, if applicable, and of any area within which concentrations exceed the upper assessment threshold or the lower assessment threshold,

—	the population potentially exposed to levels in excess of any limit value for protection of human health.

C.   Quality assurance for ambient air quality assessment: data validation

1.   To ensure accuracy of measurements and compliance with the data quality objectives laid down in Section A, the appropriate competent authorities and bodies designated pursuant to Article 3 shall ensure the following:

—	that all measurements undertaken in relation to the assessment of ambient air quality pursuant to Articles 6 and 9 are traceable in accordance with the requirements set out in Section 5.6.2.2 of the ISO/IEC 17025:2005,

—	that institutions operating networks and individual stations have an established quality assurance and quality control system which provides for regular maintenance to assure the accuracy of measuring devices,

—	that a quality assurance/quality control process is established for the process of data collection and reporting and that institutions appointed for this task actively participate in the related Community-wide quality assurance programmes,

—

that the national laboratories, when appointed by the appropriate competent authority or body designated pursuant to Article 3, that are taking part in Community-wide intercomparisons covering pollutants regulated in this Directive, are accredited according to EN/ISO 17025 by 2010 for the reference methods referred to in Annex VI. These laboratories shall be involved in the coordination on Member States territory of the Community wide quality assurance programmes to be organised by the Commission and shall also coordinate, on the national level, the appropriate realisation of reference methods and the demonstration of equivalence of non-reference methods.

2.   All reported data under Article 27 shall be deemed to be valid except data flagged as provisional.

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(1)  Member States may apply random measurements instead of continuous measurements for benzene, lead and particulate matter if they can demonstrate to the Commission that the uncertainty, including the uncertainty due to random sampling, meets the quality objective of 25 % and the time coverage is still larger than the minimum time coverage for indicative measurements. Random sampling must be evenly distributed over the year in order to avoid skewing of results. The uncertainty due to random sampling may be determined by the procedure laid down in ISO 11222 (2002) ‘Air Quality — Determination of the Uncertainty of the Time Average of Air Quality Measurements’. If random measurements are used to assess the requirements of the PM10 limit value, the 90,4 percentile (to be lower than or equal to 50 µg/m3) should be evaluated instead of the number of exceedances, which is highly influenced by data coverage.

(2)  Distributed over the year to be representative of various conditions for climate and traffic.

(3)  One day's measurement a week at random, evenly distributed over the year, or eight weeks evenly distributed over the year.

(4)  One measurement a week at random, evenly distributed over the year, or eight weeks evenly distributed over the year.

ANNEX II

Determination of requirements for assessment of concentrations of sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter (PM10 and PM2,5), lead, benzene and carbon monoxide in ambient air within a zone or agglomeration

A.   Upper and lower assessment thresholds

The following upper and lower assessment thresholds will apply:

1.   Sulphur dioxide

	Health protection	Vegetation protection
Upper assessment threshold	60 % of 24-hour limit value (75 µg/m3, not to be exceeded more than 3 times in any calendar year)	60 % of winter critical level (12 µg/m3)
Lower assessment threshold	40 % of 24-hour limit value (50 µg/m3, not to be exceeded more than three times in any calendar year)	40 % of winter critical level (8 µg/m3)

2.   Nitrogen dioxide and oxides of nitrogen

	Hourly limit value for the protection of human health (NO2)	Annual limit value for the protection of human health (NO2)	Annual critical level for the protection of vegetation and natural ecosystems (NOx)
Upper assessment threshold	70 % of limit value (140 µg/m3, not to be exceeded more than 18 times in any calendar year)	80 % of limit value (32 µg/m3)	80 % of critical level (24 µg/m3)
Lower assessment threshold	50 % of limit value (100 µg/m3, not to be exceeded more than 18 times in any calendar year)	65 % of limit value (26 µg/m3)	65 % of critical level (19,5 µg/m3)

3.   Particulate matter (PM10/PM2,5)

	24-hour average PM10	Annual average PM10	Annual average PM2,5  (1)
Upper assessment threshold	70 % of limit value (35 µg/m3, not to be exceeded more than 35 times in any calendar year)	70 % of limit value (28 µg/m3)	70 % of limit value (17 µg/m3)
Lower assessment threshold	50 % of limit value (25 µg/m3, not to be exceeded more than 35 times in any calendar year)	50 % of limit value (20 µg/m3)	50 % of limit value (12 µg/m3)

4.   Lead

	Annual average
Upper assessment threshold	70 % of limit value (0,35 µg/m3)
Lower assessment threshold	50 % of limit value (0,25 µg/m3)

5.   Benzene

	Annual average
Upper assessment threshold	70 % of limit value (3,5 µg/m3)
Lower assessment threshold	40 % of limit value (2 µg/m3)

6.   Carbon monoxide

	Eight-hour average
Upper assessment threshold	70 % of limit value (7 mg/m3)
Lower assessment threshold	50 % of limit value (5 mg/m3)

B.   Determination of exceedances of upper and lower assessment thresholds

Exceedances of upper and lower assessment thresholds shall be determined on the basis of concentrations during the previous five years where sufficient data are available. An assessment threshold shall be deemed to have been exceeded if it has been exceeded during at least three separate years out of those previous five years.

Where fewer than five years’ data are available, Member States may combine measurement campaigns of short duration during the period of the year and at locations likely to be typical of the highest pollution levels with results obtained from information from emission inventories and modelling to determine exceedances of the upper and lower assessment thresholds.

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(1)  The upper assessment threshold and the lower assessment threshold for PM2,5 do not apply to the measurements to assess compliance with the PM2,5 exposure reduction target for the protection of human health.

ANNEX III

Assessment of ambient air quality and location of sampling points for the measurement of sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter (PM10 and PM2,5), lead, benzene and carbon monoxide in ambient air

A.   General

Ambient air quality shall be assessed in all zones and agglomerations in accordance with the following criteria:

1.   Ambient air quality shall be assessed at all locations except those listed in paragraph 2, in accordance with the criteria established by Sections B and C for the location of sampling points for fixed measurement. The principles established by Sections B and C shall also apply in so far as they are relevant in identifying the specific locations in which concentration of the relevant pollutants are established where ambient air quality is assessed by indicative measurement or modelling.

2.   Compliance with the limit values directed at the protection of human health shall not be assessed at the following locations:

(a)	any locations situated within areas where members of the public do not have access and there is no fixed habitation;

(b)	in accordance with Article 2(1), on factory premises or at industrial installations to which all relevant provisions concerning health and safety at work apply;

(c)	on the carriageway of roads; and on the central reservations of roads except where there is normally pedestrian access to the central reservation.

B.   Macroscale siting of sampling points

1.   Protection of human health

(a)

Sampling points directed at the protection of human health shall be sited in such a way as to provide data on the following: — the areas within zones and agglomerations where the highest concentrations occur to which the population is likely to be directly or indirectly exposed for a period which is significant in relation to the averaging period of the limit value(s), — levels in other areas within the zones and agglomerations which are representative of the exposure of the general population,

(b)

Sampling points shall in general be sited in such a way as to avoid measuring very small micro-environments in their immediate vicinity, which means that a sampling point must be sited in such a way that the air sampled is representative of air quality for a street segment no less than 100 m length at traffic-orientated sites and at least 250 m × 250 m at industrial sites, where feasible;

(c)

Urban background locations shall be located so that their pollution level is influenced by the integrated contribution from all sources upwind of the station. The pollution level should not be dominated by a single source unless such a situation is typical for a larger urban area. Those sampling points shall, as a general rule, be representative for several square kilometres;

(d)	Where the objective is to assess rural background levels, the sampling point shall not be influenced by agglomerations or industrial sites in its vicinity, i.e. sites closer than five kilometres;

(e)	Where contributions from industrial sources are to be assessed, at least one sampling point shall be installed downwind of the source in the nearest residential area. Where the background concentration is not known, an additional sampling point shall be situated within the main wind direction;

(f)	Sampling points shall, where possible, also be representative of similar locations not in their immediate vicinity;

(g)	Account shall be taken of the need to locate sampling points on islands where that is necessary for the protection of human health.

2.   Protection of vegetation and natural ecosystems

Sampling points targeted at the protection of vegetation and natural ecosystems shall be sited more than 20 km away from agglomerations or more than 5 km away from other built-up areas, industrial installations or motorways or major roads with traffic counts of more than 50 000 vehicles per day, which means that a sampling point must be sited in such a way that the air sampled is representative of air quality in a surrounding area of at least 1 000 km2. A Member State may provide for a sampling point to be sited at a lesser distance or to be representative of air quality in a less extended area, taking account of geographical conditions or of the opportunities to protect particularly vulnerable areas.

Account shall be taken of the need to assess air quality on islands.

C.   Microscale siting of sampling points

In so far as is practicable, the following shall apply:

—

the flow around the inlet sampling probe shall be unrestricted (free in an arc of at least 270°) without any obstructions affecting the airflow in the vicinity of the sampler (normally some metres away from buildings, balconies, trees and other obstacles and at least 0,5 m from the nearest building in the case of sampling points representing air quality at the building line),

—	in general, the inlet sampling point shall be between 1,5 m (the breathing zone) and 4 m above the ground. Higher positions (up to 8 m) may be necessary in some circumstances. Higher siting may also be appropriate if the station is representative of a large area,

—	the inlet probe shall not be positioned in the immediate vicinity of sources in order to avoid the direct intake of emissions unmixed with ambient air,

—	the sampler's exhaust outlet shall be positioned so that recirculation of exhaust air to the sampler inlet is avoided,

—	for all pollutants, traffic-orientated sampling probes shall be at least 25 m from the edge of major junctions and no more than 10 m from the kerbside.,

The following factors may also be taken into account:

—	interfering sources,

—

security,

—

access,

—	availability of electrical power and telephone communications,

—	visibility of the site in relation to its surroundings,

—	safety of the public and operators,

—	the desirability of co-locating sampling points for different pollutants,

—	planning requirements.,

D.   Documentation and review of site selection

The site-selection procedures shall be fully documented at the classification stage by such means as compass-point photographs of the surrounding area and a detailed map. Sites shall be reviewed at regular intervals with repeated documentation to ensure that selection criteria remain valid over time.

ANNEX IV

MEASUREMENTS AT RURAL BACKGROUND LOCATIONS IRRESPECTIVE OF CONCENTRATION

A.   Objectives

The main objectives of such measurements are to ensure that adequate information is made available on levels in the background. This information is essential to judge the enhanced levels in more polluted areas (such as urban background, industry related locations, traffic related locations), assess the possible contribution from long-range transport of air pollutants, support source apportionment analysis and for the understanding of specific pollutants such as particulate matter. It is also essential for the increased use of modelling also in urban areas.

B.   Substances

Measurement of PM2,5 must include at least the total mass concentration and concentrations of appropriate compounds to characterise its chemical composition. At least the list of chemical species given below shall be included.

SO4 2–	Na+	NH4 +	Ca2+	elemental carbon (EC)
NO3 –	K+	Cl–	Mg2+	organic carbon (OC)

C.   Siting

Measurements should be taken in particular in rural background areas in accordance with parts A, B and C of Annex III.

ANNEX V

Criteria for determining minimum numbers of sampling points for fixed measurement of concentrations of sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter (PM10, PM2,5), lead, benzene and carbon monoxide in ambient air

Minimum number of sampling points for fixed measurement to assess compliance with limit values for the protection of human health and alert thresholds in zones and agglomerations where fixed measurement is the sole source of information

1.   Diffuse sources

Population of agglomeration or zone (thousands)	If maximum concentrations exceed the upper assessment threshold (1)		If maximum concentrations are between the upper and lower assessment thresholds
	Pollutants except PM	PM (2) (sum of PM10 and PM2,5)	Pollutants except PM	PM (2) (sum of PM10 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
1 000 -1 499	4	6	2	3
1 500 -1 999	5	7	2	3
2 000 -2 749	6	8	3	4
2 750 -3 749	7	10	3	4
3 750 -4 749	8	11	3	6
4 750 -5 999	9	13	4	6
≥ 6 000	10	15	4	7

2.   Point sources

For the assessment of pollution in the vicinity of point sources, the number of sampling points for fixed measurement shall be calculated taking into account emission densities, the likely distribution patterns of ambient-air pollution and the potential exposure of the population.

B.   Minimum number of sampling points for fixed measurement to assess compliance with the PM2,5 exposure reduction target for the protection of human health

One sampling point per million inhabitants summed over agglomerations and additional urban areas in excess of 100 000 inhabitants shall be operated for this purpose. Those sampling points may coincide with sampling points under Section A.

C.   Minimum number of sampling points for fixed measurements to assess compliance with critical levels for the protection of vegetation in zones other than agglomerations

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

In island zones the number of sampling points for fixed measurement should be calculated taking into account the likely distribution patterns of ambient-air pollution and the potential exposure of vegetation.

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(1)  For nitrogen dioxide, particulate matter, benzene and carbon monoxide: to include at least one urban background monitoring station and one traffic-orientated station provided this does not increase the number of sampling points. For these pollutants, the total number of urban-background stations and the total number of traffic oriented stations in a Member State required under Section A(1) shall not differ by more than a factor of 2. Sampling points with exceedances of the limit value for PM10 within the last three years shall be maintained, unless a relocation is necessary owing to special circumstances, in particular spatial development.

(2)  Where PM2,5 and PM10 are measured in accordance with Article 8 at the same monitoring station, these shall count as two separate sampling points. The total number of PM2,5 and PM10 sampling points in a Member State required under Section A(1) shall not differ by more than a factor of 2, and the number of PM2,5 sampling points in the urban background of agglomerations and urban areas shall meet the requirements under Section B of Annex V.

ANNEX VI

Reference methods for assessment of concentrations of sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter (PM10 and PM2,5), lead, benzene, carbon monoxide, and ozone

A.   Reference measurement methods

1.   Reference method for the measurement of sulphur dioxide

The reference method for the measurement of sulphur dioxide is that described in EN 14212:2005 ‘Ambient air quality — Standard method for the measurement of the concentration of sulphur dioxide by ultraviolet fluorescence’.

2.   Reference method for the measurement of nitrogen dioxide and oxides of nitrogen

The reference method for the measurement of nitrogen dioxide and oxides of nitrogen is that described in EN 14211:2005 ‘Ambient air quality — Standard method for the measurement of the concentration of nitrogen dioxide and nitrogen monoxide by chemiluminescence’.

3.   Reference method for the sampling and measurement of lead

The reference method for the sampling of lead is that described in Section A(4) of this Annex. The reference method for the measurement of lead is that described in EN 14902:2005 ‘Standard method for measurement of Pb/Cd/As/Ni in the PM10 fraction of suspended particulate matter’.

4.   Reference method for the sampling and measurement of PM10

The reference method for the sampling and measurement of PM10 is that described in EN 12341:1999 ‘Air Quality — Determination of the PM10 fraction of suspended particulate matter — Reference method and field test procedure to demonstrate reference equivalence of measurement methods’.

5.   Reference method for the sampling and measurement of PM2,5

The reference method for the sampling and measurement of PM2,5 is that described in EN 14907:2005 ‘Standard gravimetric measurement method for the determination of the PM2,5 mass fraction of suspended particulate matter’.

6.   Reference method for the sampling and measurement of benzene

The reference method for the measurement of benzene is that described in EN 14662:2005, parts 1, 2 and 3 ‘Ambient air quality — Standard method for measurement of benzene concentrations’.

7.   Reference method for the measurement of carbon monoxide

The reference method for the measurement of carbon monoxide is that described in EN 14626:2005 ‘Ambient air quality — Standard method for the measurement of the concentration of carbon monoxide by non-dispersive infrared spectroscopy’.

8.   Reference method for measurement of ozone

The reference method for the measurement of ozone is that described in EN 14625:2005 ‘Ambient air quality — Standard method for the measurement of the concentration of ozone by ultraviolet photometry’.

B.   Demonstration of equivalence

1.   A Member State may use any other method which it can demonstrate gives results equivalent to any of the methods referred to in Section A or, in the case of particulate matter, any other method which the Member State concerned can demonstrate displays a consistent relationship to the reference method. In that event the results achieved by that method must be corrected to produce results equivalent to those that would have been achieved by using the reference method.

2.   The Commission may require the Member States to prepare and submit a report on the demonstration of equivalence in accordance with paragraph 1.

3.   When assessing the acceptability of the report mentioned in paragraph 2, the Commission will make reference to its guidance on the demonstration of equivalence (to be published). Where Member States have been using interim factors to approximate equivalence, the latter shall be confirmed and/or amended with reference to the Commission's guidance.

4.   Member States should ensure that whenever appropriate, the correction is also applied retroactively to past measurement data in order to achieve better data comparability.

C.   Standardisation

For gaseous pollutants the volume must be standardised at a temperature of 293 K and an atmospheric pressure of 101,3 kPa. For particulate matter and substances to be analysed in particulate matter (e.g. lead) the sampling volume refers to ambient conditions in terms of temperature and atmospheric pressure at the date of measurements.

D.   Introduction of new equipment

All new equipment purchased for implementation of this Directive must comply with the reference method or equivalent by 11 June 2010.

All equipment used in fixed measurements must comply with the reference method or equivalent by 11 June 2013.

E.   Mutual recognition of data

In carrying out the type approval to demonstrate that equipment meets the performance requirements of the reference methods listed in Section A, competent authorities and bodies designated pursuant to Article 3 shall accept test reports issued in other Member States by laboratories accredited to EN ISO 17025 for carrying out such testing.

ANNEX VII

OZONE TARGET VALUES AND LONG-TERM OBJECTIVES

A.   Definitions and criteria

1.   Definitions

AOT40 (expressed in (µg/m3) · hours) means the sum of the difference between hourly concentrations greater than 80 µg/m3 (= 40 parts per billion) and 80 µg/m3 over a given period using only the one-hour values measured between 8.00 and 20.00 Central European Time (CET) each day.

2.   Criteria

The following criteria shall be used for checking validity when aggregating data and calculating statistical parameters:

Parameter	Required proportion of valid data
One hour values	75 % (i.e. 45 minutes)
Eight hours values	75 % of values (i.e. six hours)
Maximum daily 8 hours mean from hourly running 8 hours	75 % of the hourly running eight hours averages (i.e. 18 eight-hourly averages per day)
AOT40	90 % of the one hour values over the time period defined for calculating the AOT40 value (1)
Annual mean	75 % of the one hour values over summer (April to September) and 75 % over winter (January to March, October to December) seasons separately
Number of exceedances and maximum values per month	90 % of the daily maximum eight hours mean values (27 available daily values per month) 90 % of the one hour values between 8.00 and 20.00 CET
Number of exceedances and maximum values per year	five out of six months over the summer season (April to September)

B.   Target values

Objective	Averaging period	Target value	Date by which target value should be met (2)
Protection of human health	Maximum daily eight-hour mean (3)	120 µg/m3 not to be exceeded on more than 25 days per calendar year averaged over three years (4)	1.1.2010
Protection of vegetation	May to July	AOT40 (calculated from 1 h values) 18 000  µg/m3 · h averaged over five years (4)	1.1.2010

C.   Long-term objectives

Objective	Averaging period	Longterm objective	Date by which the longterm objective should be met
Protection of human health	Maximum daily eight-hour mean within a calendar year	120 µg/m3	not defined
Protection of vegetation	May to July	AOT40 (calculated from 1 h values) 6 000  µg/m3 · h	not defined

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(1)  In cases where all possible measured data are not available, the following factor shall be used to calculate AOT40 values:

AOT40estimate = AOT40measured ×	total possible number of hours (*)
	number of measured hourly values

(*)	being the number of hours within the time period of AOT40 definition, (i.e. 08:00 to 20:00 CET from 1 May to 31 July each year, for vegetation protection and from 1 April to 30 September each year for forest protection).

(2)  Compliance with target values will be assessed as of this date. That is, 2010 will be the first year the data for which is used in calculating compliance over the following three or five years, as appropriate.

(3)  The maximum daily eight-hour mean concentration shall be selected by examining eight-hour running averages, calculated from hourly data and updated each hour. Each eight -hour average so calculated shall be assigned to the day on which it ends. i.e. the first calculation period for any one day will be the period from 17:00 on the previous day to 01:00 on that day; the last calculation period for any one day will be the period from 16:00 to 24:00 on the day.

(4)  If the three or five year averages cannot be determined on the basis of a full and consecutive set of annual data, the minimum annual data required for checking compliance with the target values will be as follows:

—	for the target value for the protection of human health: valid data for one year,

—	for the target value for the protection of vegetation: valid data for three years.

ANNEX VIII

Criteria for classifying and locating sampling points for assessments of ozone concentrations

The following apply to fixed measurements:

A.   Macroscale siting

Type of station	Objectives of measurement	Representativeness (1)	Macroscale siting criteria
Urban	Protection of human health: to assess the exposure of the urban population to ozone, i.e. where population density and ozone concentration are relatively high and representative of the exposure of the general population	A few km2	Away from the influence of local emissions such as traffic, petrol stations, etc.; vented locations where well mixed levels can be measured; locations such as residential and commercial areas of cities, parks (away from the trees), big streets or squares with very little or no traffic, open areas characteristic of educational, sports or recreation facilities
Suburban	Protection of human health and vegetation: to assess the exposure of the population and vegetation located in the outskirts of the agglomeration, where the highest ozone levels, to which the population and vegetation are likely to be directly or indirectly exposed occur	Some tens of km2	At a certain distance from the area of maximum emissions, downwind following the main wind direction/directions during conditions favourable to ozone formation; where population, sensitive crops or natural ecosystems located in the outer fringe of an agglomeration are exposed to high ozone levels; where appropriate, some suburban stations also upwind of the area of maximum emissions, in order to determine the regional background levels of ozone
Rural	Protection of human health and vegetation: to assess the exposure of population, crops and natural ecosystems to sub-regional scale ozone concentrations	Sub-regional levels (some hundreds of km2)	Stations can be located in small settlements and/or areas with natural ecosystems, forests or crops; representative for ozone away from the influence of immediate local emissions such as industrial installations and roads; at open area sites, but not on summits of higher mountains
Rural background	Protection of vegetation and human health: to assess the exposure of crops and natural ecosystems to regional-scale ozone concentrations as well as exposure of the population	Regional/national/continental levels (1 000 to 10 000  km2)	Station located in areas with lower population density, e.g. with natural ecosystems, forests, at a distance of at least 20 km from urban and industrial areas and away from local emissions; avoid locations which are subject to locally enhanced formation of ground-near inversion conditions, also summits of higher mountains; coastal sites with pronounced diurnal wind cycles of local character are not recommended.

For rural and rural background stations the location shall, where appropriate, be coordinated with the monitoring requirements of Commission Regulation (EC) No 1737/2006 of 7 November 2006 laying down detailed rules for the implementation of Regulation (EC) No 2152/2003 of the European Parliament and of the Council concerning monitoring of forests and environmental interactions in the Community (2).

B.   Microscale siting

In so far as is practicable the procedure on microscale siting in Section C of Annex III shall be followed, ensuring also that the inlet probe is positioned well away from such sources as furnaces and incineration flues and more than 10 m from the nearest road, with distance increasing as a function of traffic intensity.

C.   Documentation and review of site selection

The procedures in Section D of Annex III shall be followed, applying proper screening and interpretation of the monitoring data in the context of the meteorological and photochemical processes affecting the ozone concentrations measured at the respective sites.

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(1)  Sampling points should, where possible, be representative of similar locations not in their immediate vicinity.

(2)   OJ L 334, 30.11.2006, p. 1.

ANNEX IX

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

A.   Minimum number of sampling points for fixed continuous measurements to assess compliance with target values, long-term objectives and information and alert thresholds where such measurements are the sole source of information

Population (× 1 000 )	Agglomerations (urban and suburban) (1)	Other zones (suburban and rural) (1)	Rural background
< 250		1	1 station/50 000  km2 as an average density over all zones per country (2)
< 500	1	2
< 1 000	2	2
< 1 500	3	3
< 2 000	3	4
< 2 750	4	5
< 3 750	5	6
> 3 750	One additional station per 2 million inhabitants	One additional station per 2 million inhabitants

B.   Minimum number of sampling points for fixed measurements for zones and agglomerations attaining the long-term objectives

The number of sampling points for ozone shall, in combination with other means of supplementary assessment such as air quality modelling and collocated nitrogen dioxide measurements, be sufficient to examine the trend of ozone pollution and check compliance with the long-term objectives. The number of stations located in agglomerations and other zones may be reduced to one-third of the number specified in Section A. Where information from fixed measurement stations is the sole source of information, at least one monitoring station shall be kept. If, in zones where there is supplementary assessment, the result of this is that a zone has no remaining station, coordination with the number of stations in neighbouring zones shall ensure adequate assessment of ozone concentrations against long-term objectives. The number of rural background stations shall be one per 100 000 km2.

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(1)  At least 1 station in suburban areas, where the highest exposure of the population is likely to occur. In agglomerations at least 50 % of the stations shall be located in suburban areas.

(2)  1 station per 25 000 km2 for complex terrain is recommended.

ANNEX X

MEASUREMENTS OF OZONE PRECURSOR SUBSTANCES

A.   Objectives

The main objectives of such measurements are to analyse any trend in ozone precursors, to check the efficiency of emission reduction strategies, to check the consistency of emission inventories and to help attribute emission sources to observed pollution concentrations.

An additional aim is to support the understanding of ozone formation and precursor dispersion processes, as well as the application of photochemical models.

B.   Substances

Measurement of ozone precursor substances shall include at least nitrogen oxides (NO and NO2), and appropriate volatile organic compounds (VOC). A list of volatile organic compounds recommended for measurement is given below:

	1-Butene	Isoprene	Ethyl benzene
Ethane	Trans-2-Butene	n-Hexane	m + p-Xylene
Ethylene	cis-2-Butene	i-Hexane	o-Xylene
Acetylene	1,3-Butadiene	n-Heptane	1,2,4-Trimethylebenzene
Propane	n-Pentane	n-Octane	1,2,3-Trimethylebenzene
Propene	i-Pentane	i-Octane	1,3,5-Trimethylebenzene
n-Butane	1-Pentene	Benzene	Formaldehyde
i-Butane	2-Pentene	Toluene	Total non-methane hydrocarbons

C.   Siting

Measurements shall be taken in particular in urban or suburban areas at any monitoring site set up in accordance with the requirements of this Directive and considered appropriate with regard to the monitoring objectives referred to in Section A.

ANNEX XI

LIMIT VALUES FOR THE PROTECTION OF HUMAN HEALTH

A.   Criteria

Without prejudice to Annex I, the following criteria shall be used for checking validity when aggregating data and calculating statistical parameters:

Parameter	Required proportion of valid data
One hour values	75 % (i.e. 45 minutes)
Eight hours values	75 % of values (i.e. 6 hours)
Maximum daily 8-hour mean	75 % of the hourly running eight hour averages (i.e. 18 eight hour averages per day)
24-hour values	75 % of the hourly averages (i.e. at least 18 hour values)
Annual mean	90 % (1) of the one hour values or (if not available) 24-hour values over the year

B.   Limit values

Averaging Period	Limit value	Margin of tolerance	Date by which limit value is to be met
Sulphur dioxide
One hour	350 µg/m3, not to be exceeded more than 24 times a calendar year	150 µg/m3 (43 %)	— (2)
One day	125 µg/m3, not to be exceeded more than 3 times a calendar year	None	— (2)
Nitrogen dioxide
One hour	200 µg/m3, not to be exceeded more than 18 times a calendar year	50 % on 19 July 1999, decreasing on 1 January 2001 and every 12 months thereafter by equal annual percentages to reach 0 % by 1 January 2010	1 January 2010
Calendar year	40 µg/m3	50 % on 19 July 1999, decreasing on 1 January 2001 and every 12 months thereafter by equal annual percentages to reach 0 % by 1 January 2010	1 January 2010
Benzene
Calendar year	5 µg/m3	5 µg/m3 (100 %) on 13 December 2000, decreasing on 1 January 2006 and every 12 months thereafter by 1 µg/m3 to reach 0 % by 1 January 2010	1 January 2010
Carbon monoxide
maximum daily eight hour mean (3)	10 mg/m3	60 %	— (2)
Lead
Calendar year	0,5 µg/m3  (4)	100 %	— (4)
PM10
One day	50 µg/m3, not to be exceeded more than 35 times a calendar year	50 %	— (2)
Calendar year	40 µg/m3	20 %	— (2)

---

(1)  The requirements for the calculation of annual mean do not include losses of data due to the regular calibration or the normal maintenance of the instrumentation.

(2)  Already in force since 1 January 2005

(3)  The maximum daily eight hour mean concentration will be selected by examining eight hour running averages, calculated from hourly data and updated each hour. Each eight hour average so calculated will be assigned to the day on which it ends i.e. the first calculation period for any one day will be the period from 17:00 on the previous day to 01:00 on that day; the last calculation period for any one day will be the period from 16:00 to 24:00 on that day.

(4)  Already in force since 1 January 2005. Limit value to be met only by 1 January 2010 in the immediate vicinity of the specific industrial sources situated on sites contaminated by decades of industrial activities. In such cases, the limit value until 1 January 2010 will be 1,0 µg/m3. The area in which higher limit values apply must not extend further than 1 000 m from such specific sources.

ANNEX XII

INFORMATION AND ALERT THRESHOLDS

A.   Alert thresholds for pollutants other than ozone

To be measured over three consecutive hours at locations representative of air quality over at least 100 km2 or an entire zone or agglomeration, whichever is the smaller.

Pollutant	Alert threshold
Sulphur dioxide	500 µg/m3
Nitrogen dioxide	400 µg/m3

B.   Information and alert thresholds for ozone

Purpose	Averaging period	Threshold
Information	1 hour	180 µg/m3
Alert	1 hour (1)	240 µg/m3

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(1)  For the implementation of Article 24, the exceedance of the threshold is to be measured or predicted for three consecutive hours.

ANNEX XIII

CRITICAL LEVELS FOR THE PROTECTION OF VEGETATION

Averaging period	Critical level	Margin of tolerance
Sulphur dioxide
Calendar year and winter (1 October to 31 March)	20 µg/m3	None
Oxides of nitrogen
Calendar year	30 µg/m3 NOx	None

ANNEX XIV

NATIONAL EXPOSURE REDUCTION TARGET, TARGET VALUE AND LIMIT VALUE FOR PM2,5

A.   Average exposure indicator

The Average Exposure Indicator expressed in µg/m3 (AEI) shall be based upon measurements in urban background locations in zones and agglomerations throughout the territory of a Member State. It should be assessed as a three-calendar year running annual mean concentration averaged over all sampling points established pursuant to Section B of Annex V. The AEI for the reference year 2010 shall be the mean concentration of the years 2008, 2009 and 2010.

However, where data are not available for 2008, Member States may use the mean concentration of the years 2009 and 2010 or the mean concentration of the years 2009, 2010 and 2011. Member States making use of these possibilities shall communicate their decisions to the Commission by 11 September 2008.

The AEI for the year 2020 shall be the three-year running mean concentration averaged over all those sampling points for the years 2018, 2019 and 2020. The AEI is used for the examination whether the national exposure reduction target is met.

The AEI for the year 2015 shall be the three-year running mean concentration averaged over all those sampling points for the years 2013, 2014 and 2015. The AEI is used for the examination whether the exposure concentration obligation is met.

B.   National exposure reduction target

Exposure reduction target relative to the AEI in 2010		Year by which the exposure reduction target should be met
Initial concentration in µg/m3	Reduction target in percent	2020
< 8,5 = 8,5	0 %
> 8,5 — < 13	10 %
= 13 — < 18	15 %
= 18 — < 22	20 %
≥ 22	All appropriate measures to achieve 18 μg/m3

Where the AEI in the reference year is 8,5 µg/m3 or less the exposure reduction target shall be zero. The reduction target shall be zero also in cases where the AEI reaches the level of 8,5 µg/m3 at any point of time during the period from 2010 to 2020 and is maintained at or below that level.

C.   Exposure concentration obligation

Exposure concentration obligation	Year by which the obligation value is to be met
20 µg/m3	2015

D.   Target value

Averaging period	Target value	Date by which target value should be met
Calendar year	25 µg/m3	1 January 2010

E.   Limit value

Averaging period	Limit value	Margin of tolerance	Date by which limit value is to be met
STAGE 1
Calendar year	25 µg/m3	20 % on 11 June 2008, decreasing on the next 1 January and every 12 months thereafter by equal annual percentages to reach 0 % by 1 January 2015	1 January 2015
STAGE 2 (1)
Calendar year	20 µg/m3		1 January 2020

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(1)  Stage 2 — indicative limit value to be reviewed by the Commission in 2013 in the light of further information on health and environmental effects, technical feasibility and experience of the target value in Member States.

ANNEX XV

Information to be included in the local, regional or national air quality plans for improvement in ambient air quality

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

1.   Localisation of excess pollution

(a)

region;

(b)	city (map);

(c)	measuring station (map, geographical coordinates).

2.   General information

(a)	type of zone (city, industrial or rural area);

(b)	estimate of the polluted area (km2) and of the population exposed to the pollution;

(c)	useful climatic data;

(d)	relevant data on topography;

(e)	sufficient information on the type of targets requiring protection in the zone.

3.   Responsible authorities

Names and addresses of persons responsible for the development and implementation of improvement plans.

4.   Nature and assessment of pollution

(a)	concentrations observed over previous years (before the implementation of the improvement measures);

(b)	concentrations measured since the beginning of the project;

(c)	techniques used for the assessment.

5.   Origin of pollution

(a)	list of the main emission sources responsible for pollution (map);

(b)	total quantity of emissions from these sources (tonnes/year);

(c)	information on pollution imported from other regions.

6.   Analysis of the situation

(a)	details of those factors responsible for the exceedance (e.g. transport, including cross-border transport, formation of secondary pollutants in the atmosphere);

(b)	details of possible measures for the improvement of air quality.

7.   Details of those measures or projects for improvement which existed prior to 11 June 2008, i.e:

(a)	local, regional, national, international measures;

(b)	observed effects of these measures.

8.   Details of those measures or projects adopted with a view to reducing pollution following the entry into force of this Directive:

(a)	listing and description of all the measures set out in the project;

(b)	timetable for implementation;

(c)	estimate of the improvement of air quality planned and of the expected time required to attain these objectives.

9.   Details of the measures or projects planned or being researched for the long term.

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

B.   Information to be provided under article 22(1)

1.   All information as laid down in Section A.

2.   Information concerning the status of implementation of the following Directives:

1.	Council Directive 70/220/EEC of 20 March 1970 on the approximation of the laws of the Member States on measures to be taken against air pollution by emissions from motor vehicles (1);

2.	Directive 94/63/EC of the European Parliament and of the Council of 20 December 1994 on the control of volatile organic compound (VOC) emissions resulting from the storage of petrol and its distribution from terminals to service stations (2);

3.	Directive 2008/1/EC of the European Parliament and of the Council of 15 January 2008 concerning integrated pollution prevention and control (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 measures against the emission of gaseous and particulate pollutants from internal combustion engines to be installed in non-road mobile machinery (4);

5.	Directive 98/70/EC of the European Parliament and of the Council of 13 October 1998 relating to the quality of petrol and diesel fuels (5);

6.	Council Directive 1999/13/EC of 11 March 1999 on the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain activities and installations (6);

7.	Council Directive 1999/32/EC of 26 April 1999 relating to a reduction in the sulphur content of certain liquid fuels (7);

8.	Directive 2000/76/EC of the European Parliament and of the Council of 4 December 2000 on the incineration of waste (8);

9.	Directive 2001/80/EC of the European Parliament and of the Council of 23 October 2001 on the limitation of emissions of certain pollutants into the air from large combustion plants;

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

11.	Directive 2004/42/EC of the European Parliament and of the Council of 21 April 2004 on the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain paints and varnishes and vehicle refinishing products (9);

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 fuels (10);

13.

Directive 2005/55/EC of the European Parliament and of the Council of 28 September 2005 on the approximation of the laws of the Member States relating to the measures to be taken against the emission of gaseous and particulate pollutants from compression-ignition engines for use in vehicles, and the emission of gaseous pollutants from positive-ignition engines fuelled with natural gas or liquefied petroleum gas for use in vehicles (11);

14.	Directive 2006/32/EC of the European Parliament and of the Council of 5 April 2006 on energy end-use efficiency and energy services (12).

3.   Information on all air pollution abatement measures that have been considered at appropriate local, regional or national level for implementation in connection with the attainment of air quality objectives, including:

(a)	reduction of emissions from stationary sources by ensuring that polluting small and medium sized stationary combustion sources (including for biomass) are fitted with emission control equipment or replaced;

(b)	reduction of emissions from vehicles through retrofitting with emission control equipment. The use of economic incentives to accelerate take-up should be considered;

(c)

procurement by public authorities, in line with the handbook on environmental public procurement, of road vehicles, fuels and combustion equipment to reduce emissions, including the purchase of: — new vehicles, including low emission vehicles, — cleaner vehicle transport services, — low emission stationary combustion sources, — low emission fuels for stationary and mobile sources,

(d)	measures to limit transport emissions through traffic planning and management (including congestion pricing, differentiated parking fees or other economic incentives; establishing low emission zones);

(e)	measures to encourage a shift of transport towards less polluting modes;

(f)	ensuring that low emission fuels are used in small, medium and large scale stationary sources and in mobile sources;

(g)	measures to reduce air pollution through the permit system under Directive 2008/1/EC, the national plans under Directive 2001/80/EC, and through the use of economic instruments such as taxes, charges or emission trading.

(h)	where appropriate, measures to protect the health of children or other sensitive groups.

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(1)   OJ L 76, 6.4.1970, p. 1. Directive as last amended by Directive 2006/96/EC (OJ L 363, 20.12.2006, p. 81).

(2)   OJ L 365, 31.12.1994, p. 24. Directive as amended by Regulation (EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1).

(3)   OJ L 24, 29.1.2008, p. 8.

(4)   OJ L 59, 27.2.1998, p. 1. Directive as last amended by Directive 2006/105/EC.

(5)   OJ L 350, 28.12.1998, p. 58. Directive as amended by Regulation (EC) No 1882/2003.

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

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

(8)   OJ L 332, 28.12.2000, p. 91.

(9)   OJ L 143, 30.4.2004, p. 87.

(10)   OJ L 191, 22.7.2005, p. 59.

(11)   OJ L 275, 20.10.2005, p. 1. Directive as last amended by Regulation (EC) No 715/2007 (OJ L 171, 29.6.2007, p. 1).

(12)   OJ L 114, 27.4.2006, p. 64.

ANNEX XVI

PUBLIC INFORMATION

1.   Member States shall ensure that up-to-date information on ambient concentrations of the pollutants covered by this Directive is routinely made available to the public.

2.   Ambient concentrations provided shall be presented as average values according to the appropriate averaging period as laid down in Annex VII and Annexes XI to XIV. The information shall at least indicate any levels exceeding air quality objectives including limit values, target values, alert thresholds, information thresholds or long term objectives of the regulated pollutant. It shall also provide a short assessment in relation to the air quality objectives and appropriate information regarding effects on health, or, where appropriate, vegetation.

3.   Information on ambient concentrations of sulphur dioxide, nitrogen dioxide, particulate matter (at least PM10), ozone and carbon monoxide shall be updated on at least a daily basis, and, wherever practicable, information shall be updated on an hourly basis. Information on ambient concentrations of lead and benzene, presented as an average value for the last 12 months, shall be updated on a three-monthly basis, and on a monthly basis, wherever practicable.

4.   Member States shall ensure that timely information about actual or predicted exceedances of alert thresholds, and any information threshold is provided to the public. Details supplied shall include at least the following information:

(a)	information on observed exceedance(s): — location or area of the exceedance, — type of threshold exceeded (information or alert), — start time and duration of the exceedance, — highest one hour concentration and in addition highest eight hour mean concentration in the case of ozone;

(b)	forecast for the following afternoon/day(s): — geographical area of expected exceedances of information and/or alert threshold, — expected changes in pollution (improvement, stabilisation or deterioration), together with the reasons for those changes;

(c)	information on the type of population concerned, possible health effects and recommended behaviour: — information on population groups at risk, — description of likely symptoms, — recommended precautions to be taken by the population concerned, — where to find further information;

(d)	information on preventive action to reduce pollution and/or exposure to it: indication of main source sectors; recommendations for action to reduce emissions;

(e)	in the case of predicted exceedances, Member State shall take steps to ensure that such details are supplied to the extent practicable.

ANNEX XVII

CORRELATION TABLE

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(1) to (5)	Article 2(1) to (5)	—	—	—
Article 2(6) and (7)	—	—	—	—
Article 2(8)	Article 2(8)	Article 2(7)	—	—
Article 2(9)	Article 2(6)	—	—	Article 2(9)
Article 2(10)	Article 2(7)	Article 2(6)	—	Article 2(11)
Article 2(11)	—	—	—	Article 2(12)
Article 2(12) and (13)	—	Article 2(13) and (14)	Article 2(a) and (b)	—
Article 2(14)	—	—	—	Article 2(10)
Article 2(15) and (16)	Article 2(9) and (10)	Article 2(8) and (9)	—	Article 2(7) and (8)
Article 2(17) and (18)	—	Article 2(11) and (12)	—	—
Article 2(19), (20), (21), (22) and (23)	—	—	—	—
Article 2(24)	—	Article 2(10)	—	—
Article 2(25) and (26)	Article 6(5)	—	—	—
Article 2(27)	—	—	—	Article 2(13)
Article 2(28)	—	—	—	Article 2(3)
Article 3, with the exception of paragraph (1)(f)	Article 3	—	—	—
Article 3(1)(f)	—	—	—	—
Article 4	Article 2(9) and (10), Article 6(1)	—	—	—
Article 5	—	Article 7(1)	Article 5(1)	—
Article 6(1) to (4)	Article 6(1) to (4)	—	—	—
Article 6(5)	—	—	—	—
Article 7	—	Article 7(2) and (3) with amendments	Article 5(2) and (3) with amendments	—
Article 8	—	Article 7(5)	Article 5(5)	—
Article 9	—	—	—	Article 9(1) first and second subparagraphs
Article 10	—	—	—	Article 9(1) to (3) with amendments
Article 11(1)	—	—	—	Article 9(4)
Article 11(2)	—	—	—	—
Article 12	Article 9	—	—	—
Article 13(1)	—	Articles 3(1), 4(1), 5(1) and 6	Articles 3(1) and 4	—
Article 13(2)	—	Articles 3(2) and 4(2)	—	—
Article 13(3)	—	Article 5(5)	—	—
Article 14	—	Articles 3(1) and 4(1) with amendments	—	—
Article 15	—	—	—	—
Article 16	—	—	—	—
Article 17(1)	—	—	—	Articles 3(1) and 4(1)
Article 17(2)	—	—	—	Article 3(2) and (3)
Article 17(3)	—	—	—	Article 4(2)
Article 18	—	—	—	Article 5
Article 19	Article 10 with amendments	Article 8(3)	—	Article 6 with amendments
Article 20	—	Articles 3(4) and 5(4) with amendments	—	—
Article 21	—	—	—	—
Article 22	—	—	—	—
Article 23	Article 8(1) to (4) with amendments	—	—	—
Article 24	Article 7(3) with amendments	—	—	Article 7 with amendments
Article 25	Article 8(5) with amendments	—	—	Article 8 with amendments
Article 26	—	Article 8 with amendments	Article 7 with amendments	Article 6 with amendments
Article 27	Article 11 with amendments	Article 5(2) second subparagraph	—	Article 10 with amendments
Article 28(1)	Article 12(1) with amendments	—	—	—
Article 28(2)	Article 11 with amendments	—	—	—
Article 28(3)	—	—	—	—
Article 28(4)	—	Annex IX with amendments	—	—
Article 29	Article 12(2)	—	—	—
Article 30	—	Article 11	Article 9	Article 14
Article 31	—	—	—	—
Article 32	—	—	—	—
Article 33	Article 13	Article 12	Article 10	Article 15
Article 34	Article 14	Article 13	Article 11	Article 17
Article 35	Article 15	Article 14	Article 12	Article 18
Annex I	—	Annex VIII with amendments	Annex VI	Annex VII
Annex II	—	Annex V with amendments	Annex III	—
Annex III	—	Annex VI	Annex IV	—
Annex IV	—	—	—	—
Annex V	—	Annex VII with amendments	Annex V	—
Annex VI	—	Annex IX with amendments	Annex VII	Annex VIII
Annex VII	—	—	—	Annex I, Annex III section II
Annex VIII	—	—	—	Annex IV
Annex IX	—	—	—	Annex V
Annex X	—	—	—	Annex VI
Annex XI	—	Annex I, section I, Annex II, section I and Annex III (with amendments); Annex IV (unchanged)	Annex I, Annex II	—
Annex XII	—	Annex I, section II, Annex II, section II,	—	Annex II, section I
Annex XIII	—	Annex I, section I, Annex II, section I	—	—
Annex XIV	—	—	—	—
Annex XV Section A	Annex IV	—	—	—
Annex XV Section B	—	—	—	—
Annex XVI	—	Article 8	Article 7	Article 6 with amendments

STATEMENT BY THE COMMISSION

The Commission takes note of the text adopted by the Council and the European Parliament for the Directive on ambient air quality and cleaner air for Europe. In particular, the Commission notes the importance attributed by the European Parliament and the Member States in Article 22(4) and recital 16 to Community measures for the abatement of air pollutant emissions at source.

The Commission recognises the need to reduce the emissions of harmful air pollutants if significant progress is to be delivered towards the objectives established in the Sixth Environmental Action Programme. The Commission's communication on a thematic strategy on air pollution sets out a significant number of possible Community measures. Significant progress on these and other measures has been made since the adoption of the strategy:

—	the Council and Parliament have already adopted new legislation limiting the exhaust emissions of light duty vehicles,

—	the Commission has adopted a proposal for new legislation to improve the effectiveness of Community industrial emissions legislation including intensive agricultural installations and measures to tackle smaller scale industrial combustion sources,

—	the Commission has adopted a proposal for new legislation limiting the exhaust emissions of engines installed in heavy duty vehicles,

—	in 2008 the Commission foresees new legislative proposals that would: — further reduce the Member States’ permitted national emissions of key pollutants, — reduce emissions associated with refuelling of petrol cars at service stations, — address the sulphur content of fuels including marine fuels,

—

preparatory work is also underway to investigate the feasibility of: — improving the eco-design and reducing the emissions of domestic boilers and water heaters, — reducing the solvent content of paints, varnishes and vehicle refinishing products, — reducing the exhaust emissions of non-road mobile machinery and thereby maximise the benefit of lower sulphur non-road fuels already proposed by the Commission,

—	The Commission also continues to push for substantial emissions reductions from ships at the International Maritime Organisation and it is committed to bringing forward proposals for Community measures should the IMO fail to deliver sufficiently ambitious proposals as foreseen in 2008.

The Commission is, however, committed to the aims of its Better Regulation initiative and the need for proposals to be underpinned by a comprehensive assessment of the impacts and benefits. In this regard and in accordance with the Treaty establishing the European Community, the Commission will continue to evaluate the need to bring forward new legislative proposals but reserves its right to decide if and when it would be appropriate to present any such proposal.

STATEMENT BY THE NETHERLANDS

The Netherlands has always supported the development of ambitious and effective European policy on air quality and will continue to do so in the future. It is, therefore, happy with the compromise agreed by the Council and the European Parliament and compliments the Parliament, the Commission and the Presidency on the results achieved. The new Directive on ambient air quality marks significant progress for both the environment and public health.

As the Netherlands pointed out when the Common Position was drawn up, the air quality in our country is strongly influenced by transboundary developments and will therefore benefit enormously from an effective European approach. The Netherlands’ main concern has been that the Directive should contain a balanced package of European and national measures, as well as realistic time limits to achieve the air quality targets. Only then will Member States be able to achieve the ambitious targets that have been set.

The Netherlands is pleased with the Commission's statement that it will present Community measures in good time. Timely, EU-wide compliance with the air quality standards will depend on sound European policy tackling pollution at the source. The Netherlands would especially point to the lack of data and prevailing uncertainties about emissions and concentrations of fine particulates (PM2,5). It will of course make every effort to meet the objectives of the Directive by the target date. On the basis of the knowledge currently at our command, this will largely be feasible. The Dutch government is developing a National Air Quality Cooperation Programme to tackle locations where emission ceilings are persistently exceeded, so that, there too, air quality standards may be met by the target date.

The Netherlands is pleased that the Council and the European Parliament concluded their second reading in time for the Directive to take effect as of early 2008. This is essential for our own national programme, as well as actions in the countries around us. The Netherlands will work hard to ensure that the national cooperation programme and all local and regional measures are sufficient.