are exceeded owing to causes other than natural events.

5. Member States may
designate zones or agglomerations within which limit values for PM10 as laid
down in Section I of Annex III are exceeded owing to concentrations of PM10 in
ambient air due to the resuspension of particulates following the winter
sanding of roads. Member States shall send the Commission lists of any such
zones or agglomerations together with information on concentrations and sources
of PM10 therein. When informing the Commission in accordance with Article 11(1)
of Directive 96/62/EC, Member States shall provide the necessary justification
to demonstrate that any exceedances are due to such resuspended particulates,
and that reasonable measures have been taken to lower the concentrations.

Within such zones or
agglomerations Member States shall be obliged to implement action plans in
accordance with Article 8(3) of Directive 96/62/EC only where the limit values
laid down in Section I of Annex III are exceeded owing to PM10 levels other
than those caused by winter road sanding.

 

Article 6

Lead

Member States shall take the measures
necessary to ensure that concentrations of lead in ambient air, as assessed in
accordance with Article 7, do not exceed the limit values laid down in Section
I of Annex IV as from the dates specified therein.

The margins of tolerance laid
down in Section I of Annex IV shall apply in accordance with Article 8 of
Directive 96/62/EC.

 

Article 7

Assessment of concentrations

1. The upper and lower
assessment thresholds for sulphur dioxide, nitrogen dioxide and oxides of
nitrogen, particulate matter and lead for the purposes of Article 6 of
Directive 96/62/EC shall be those laid down in Section I of Annex V.

The classification of each
zone or agglomeration for the purposes of the same Article 6 shall be reviewed
at least every five years in accordance with the procedure laid down in Section
II of Annex V. Classification shall be reviewed earlier in the event of
significant changes in activities relevant to ambient concentrations of sulphur
dioxide, nitrogen dioxide or, where relevant, oxides of nitrogen, particulate
matter or lead.

2. The criteria for
determining the location of sampling points for the measurement of sulphur
dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter and lead
in ambient air shall be those listed in Annex VI. The minimum number of
sampling points for fixed measurements of concentrations of each relevant
pollutant shall be as laid down in Annex VII and they shall be installed in
each zone or agglomeration within which measurement is required if fixed
measurement is the sole source of data on concentrations within it.

3. For zones and
agglomerations within which information from fixed measurement stations is
supplemented by information from other sources, such as emission inventories,
indicative measurement methods and air-quality modelling, the number of fixed
measuring stations to be installed and the spatial resolution of other
techniques shall be sufficient for the concentrations of air pollutants to be
established in accordance with Section I of Annex VI and Section I of Annex
VIII.

4. For zones and
agglomerations within which measurement is not required, modelling or
objective-estimation techniques may be used.

5. The reference methods for
the analysis of sulphur dioxide, of nitrogen dioxide and of oxides of nitrogen
and for the sampling and analysis of lead shall be as laid down in Sections I
to III of Annex IX.

The reference method for the
sampling and measurement of PM10 shall be as laid down in Section IV of Annex
IX.

The provisional reference
method for the sampling and measurement of PM2,5 shall be as laid down in
Section V of Annex IX.

The reference techniques for
air-quality modelling shall be as laid down in Section VI of Annex IX.

6. The date by which Member
States shall inform the Commission of the methods they have used for the
preliminary assessment of air quality under Article 11(1)(d) of Directive
96/62/EC shall be eighteen months after the entry into force of this Directive.

7. Any amendments necessary
to adapt this Article and Annexes V to IX to scientific and technical progress
shall be adopted in accordance with the procedure laid down in Article 12 of
Directive 96/62/EC.

 

Article 8

Public information

1. Member States shall ensure
that up-to-date information on ambient concentrations of sulphur dioxide,
nitrogen dioxide and oxides of nitrogen, particulate matter and lead is
routinely made available to the public as well as to appropriate organisations
such as environmental organisations, consumer organisations, organisations
representing the interests of sensitive populations and other relevant
health-care bodies by means, for example, of broadcast media, press,
information screens or computer-network services.

Information on ambient
concentrations of sulphur dioxide, nitrogen dioxide and particulate matter
shall be updated on at least a daily basis, and, in the case of hourly values
for sulphur dioxide and nitrogen dioxide, wherever practicable, information
shall be updated on an hourly basis. Information on ambient concentrations of
lead shall be updated on a three-monthly basis.

Such information shall at
least indicate any exceeding of the concentrations in the limit values and
alert thresholds over the averaging periods laid down in Annexes I to IV. It
shall also provide a short assessment in relation to limit values and alert
thresholds and appropriate information regarding effects on health.

2. When making plans or
programmes available to the public under Article 8(3) of Directive 96/62/EC,
including plans or programmes referred to under Articles 3(4), 5(4) and 5(5) of
this Directive, Member States shall also make them available to the
organisations referred to in paragraph 1.

3. When an alert threshold
laid down in Annex I or II is exceeded, details made available to the public in
accordance with Article 10 of Directive 96/62/EC shall at least include the
items listed in Section III of the Annex in question.

4. Information made available
to the public and to organisations under paragraphs 1 and 3 shall be clear,
comprehensible and accessible.

 

Article 9

Repeals and transitional
arrangements

1. Council Directive
80/779/EEC of 15 July 1980 on air-quality limit values and guide values for
sulphur dioxide and suspended particulates(7) shall be repealed with effect
from 19 July 2001 except that Articles 1, 2(1), 3(1), 9, 15 and 16 of Directive
80/779/EEC and Annexes I, IIIb and IV thereto shall be repealed with effect
from 1 January 2005.

2. Council Directive
82/884/EEC of 3 December 1982 on a limit value for lead in the air(8) shall be
repealed with effect from 19 July 2001 except that Articles 1, 2, 3(1), 7, 12
and 13 of Directive 82/884/EEC shall be repealed with effect from 1 January
2005.

3. Council Directive
85/203/EEC of 7 March 1985 on air-quality standards for nitrogen dioxide(9)
shall be repealed with effect from 19 July 2001 except that Articles 1(1),
first indent, and (2), 2, first indent, 3(1), 5, 9, 15 and 16 of Directive
85/203/EEC and Annex I thereto shall be repealed with effect from 1 January
2010.

4. From 19 July 2001 Member
States shall employ measurement stations and other methods of air-quality
assessment that comply with this Directive to assess concentrations of sulphur
dioxide, nitrogen dioxide and lead in ambient air to obtain data for the
purpose of demonstrating compliance with the limit values laid down in
Directives 80/779/EEC, 82/884/EEC and 85/203/EEC until such time as the limit
values laid down in those Directives cease to apply.

5. From 19 July 2001 Member
States may employ measurement stations and other methods of air-quality
assessment that comply with this Directive as regards PM10 to assess
concentrations of suspended particulate matter for the purpose of demonstrating
compliance with the limit values for total suspended particulates laid down in
Annex IV to Directive 80/779/EEC; for the purpose of demonstrating such
compliance, however, the data so collected shall be multiplied by a factor of
1.2.

6. Member States shall inform
the Commission of any exceedances of the limit values laid down in Directives
80/779/EEC, 82/884/EEC and 85/203/EEC, together with the values recorded, the
reasons for each recorded instance and the measures taken to prevent any
recurrence, within nine months of the end of each year in accordance with the
procedure laid down in Article 11 of Directive 96/62/EC until such time as the
limit values laid down in those Directives cease to apply.

7. In the zones in which a
Member State considers it necessary to limit or prevent a foreseeable increase
in pollution by sulphur dioxide, oxides of nitrogen or suspended particulate
matter it may continue to use the guide values for the protection of ecosystems
laid down in Annex II to Directive 80/779/EEC and in Annex II to Directive
85/203/EEC.

 

Article 10

Report and review

No later than 31 December
2003 the Commission shall submit to the European Parliament and the Council a
report based on the experience acquired in the application of this Directive
and, in particular, on the results of the most recent scientific research
concerning the effects on human health and ecosystems of exposure to sulphur
dioxide, nitrogen dioxide and oxides of nitrogen, different fractions of
particulate matter and lead, and on technological developments including the
progress achieved in methods of measuring and otherwise assessing
concentrations of particulate matter in ambient air and the deposition of
particulate matter and lead on surfaces.

With a view to maintaining a
high level of protection of human health and the environment and taking into
account the experience acquired in the application of this Directive in Member
States including, in particular, the conditions as laid down in Annex VI under
which measurement has been carried out, the aforementioned report will be
accompanied by proposals for the amendment of this Directive if appropriate. In
particular, the Commission will examine the limit values for the second stage
for PM10 with a view to making them mandatory and will consider confirming or
altering the limit values for the second stage and, if appropriate, for the
first stage. In addition, the Commission will give particular attention to
setting limit values for PM2,5 or different fractions of particulate matter, as
appropriate. Furthermore the Commission will examine the annual limit value for
the protection of human health for nitrogen dioxide and will make a proposal
confirming or modifying that value. It will also examine the hourly limit value
for nitrogen dioxide in the light of World Health Organisation guidelines and
consider whether that limit value should be confirmed or altered.

The Commission will also
consider whether alert thresholds can be set, consistent with other pollutants
in this Directive, for PM10, PM2,5 or particular fractions of particulate
matter, as appropriate.

 

Article 11

Penalties

Member States shall determine
the penalties applicable to breaches of the national provisions adopted
pursuant to this Directive. Those penalties shall be effective, proportionate
and dissuasive.

 

Article 12

Implementation

1. The Member States shall
bring into force the laws, regulations and administrative provisions necessary
to comply with this Directive by 19 July 2001. They shall forthwith inform the
Commission thereof.

When the Member States adopt
those measures, these shall contain references to this Directive or shall be
accompanied by such references on the occasion of their official publication.
The methods of making such reference shall be laid down by the Member States.

2. The Member States shall
communicate to the Commission the texts of the main provisions of national law
which they adopt in the field covered by this Directive.

 

Article 13

Entry into force

This Directive shall enter
into force on the twentieth day after that of its publication in the Official
Journal of the European Communities.

 

Article 14

Addressees

This Directive is addressed
to the Member States.

 

Done at Luxembourg, 22 April
1999.

 

 

For the Council

The President

W. MÜLLER

 

 

(1) OJ C 9, 14.1.1998, p. 6.

(2) OJ C 214, 10.7.1998, p.
1.

(3) Opinion of the European
Parliament of 13 May 1998 (OJ C 167, 1.6.1998, p. 103), Council Common Position
of 24 September 1998 (OJ C 360, 23.11.1998, p. 99) and Decision of the European
Parliament of 13 January 1999 (OJ C 104, 14.4.1999, p. 44).

(4) OJ C 138, 17.5.1993, p.
5.

(5) OJ L 296, 21.11.1996, p.
55.

(6) OJ L 35, 5.2.1997, p. 14.

(7) OJ L 229, 30.8.1980, p.
30.

(8) OJ L 378, 31.12.1982, p.
15.

(9) OJ L 87, 27.3.1985, p. 1.

 

 

ANNEX I

 

LIMIT VALUES AND THE ALERT
THRESHOLD FOR SULPHUR DIOXIDE

I. Limit values for sulphur
dioxide

Limit values must be
expressed in >ISO_7>ì>ISO_1>g/m3. The volume must be
standardised at a temperature of 293 °K and a pressure of 101,3 kPa.

>TABLE POSITION>

II. Alert threshold for
sulphur dioxide

500
>ISO_7>ì>ISO_1>g/m3 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.

III. Minimum details to be
made available to the public when the alert threshold for sulphur dioxide is
exceeded

Details to be made available
to the public should include at least:

- the date, hour and place of
the occurrence and the reasons for the occurrence, where known;

- any forecasts of:

- changes in concentrations
(improvement, stabi