51998AP0161

A4-0161/98

Proposal for a Council Directive relating to limit values for sulphur dioxide, oxides of nitrogen, particulate matter and lead in ambient air (COM(97)0500 - C4-0662/97 - 97/0266(SYN))

The proposal was approved with the following amendments:

(Amendment 1)

Recital 6a (new)

>Original text>

>Text following EP vote>

Whereas in order to facilitate the review stage of the Directive in 2003, the Commission and Member States are required to encourage and support research into the effects of the pollutants referred to herein, namely sulphur dioxide, oxides of nitrogen, particulate matter and lead under the remit of the Fifth Framework Programme and other research programmes;

(Amendment 2)

Recital 8

>Original text>

Whereas standardized accurate measurement techniques are an important element of assessment of ambient air quality;

>Text following EP vote>

Whereas standardized accurate measurement techniques are an important element of assessment of ambient air quality

, and whereas, in order to determine that quality, measurements must also be taken during periods when tourist areas are full;

(Amendment 3)

Article 3(1), 1st subparagraph

>Original text>

1. Member States shall take the necessary measures to ensure that concentrations of sulphur dioxide in ambient air, as assessed in accordance with Article 7, do not exceed the limit values set out in Section I of Annex I as from the dates specified therein.

>Text following EP vote>

1.

Member States shall take the necessary measures to ensure that concentrations of sulphur dioxide in ambient air, as assessed in accordance with Article 7, do not exceed the limit values set out in Section I of Annex I, as soon as possible and in any event no later than the dates specified therein.

(Amendment 4)

Article 3(3)

>Original text>

3. Member States shall record data on concentrations of sulphur dioxide averaged over ten minutes from measuring stations at which hourly concentrations are measured. Member States shall report to the Commission the 98th and 99th percentile of 10-minute concentrations measured within the calendar year at the same time as data are supplied on hourly concentrations.

>Text following EP vote>

3.

Member States shall, until 31 December 2003, record data on concentrations of sulphur dioxide averaged over ten minutes from measuring stations selected by Member States to be representative of air quality within inhabited areas close to sources. Member States shall report to the Commission the number of 10-minute concentrations which exceed 500 ìg/m3 within the calendar year, the number of days within the calendar year on which this occurred and the maximum concentration recorded at the same time as data are supplied on hourly concentrations.

(Amendment 5)

Article 4

>Original text>

Member States shall take the necessary measures to ensure that concentrations of nitrogen dioxide, and where applicable of nitrogen dioxide plus nitric oxide, in ambient air, as assessed in accordance with Article 7, do not exceed the limit values set out in Section I of Annex II as from the dates specified therein.

>Text following EP vote>

1. Member States shall take the necessary measures to ensure that concentrations of nitrogen dioxide, and where applicable of nitrogen dioxide plus nitric oxide, in ambient air, as assessed in accordance with Article 7, do not exceed the limit values set out in Section I of Annex II as soon as possible and in any event no later than the dates specified therein.

>Original text>

The margins of tolerance set out in Section I of Annex II shall apply in accordance with Article 8 of Directive 96/62/EC.

>Text following EP vote>

The margins of tolerance set out in Section I of Annex II shall apply in accordance with Article 8 of Directive 96/62/EC.

>Original text>

>Text following EP vote>

2. The alert threshold for concentrations of nitrogen dioxide in ambient air is set out in Section Ia of Annex II. Details to be supplied to the public in accordance with Article 10 of Directive 96/62/EC shall include as a minimum the items listed in Section Ib of Annex II.

(Amendment 6)

Article 5(1), 1st subparagraph

>Original text>

1. Member States shall take the necessary measures to ensure that concentrations of PM10 in ambient air, as assessed in accordance with Article 7, do not exceed the limit values set out in Section I of Annex III as from the dates specified therein.

>Text following EP vote>

1.

Member States shall take the necessary measures to ensure that concentrations of PM10 in ambient air, as assessed in accordance with Article 7, do not exceed the limit values set out in Section I of Annex III as soon as possible and in any event no later than the dates specified therein.

(Amendment 7)

Article 5(4a) (new)

>Original text>

>Text following EP vote>

4a. The alert threshold for concentrations of PM10 in ambient air is set out in Section Ia of Annex III. Details to be supplied to the public in accordance with Article 10 of Directive 96/62/EC shall include as a minimum the items listed in Section Ib of Annex III.

(Amendment 8)

Article 6, 3rd paragraph (new)

>Original text>

>Text following EP vote>

Exceptionally Member States may designate zones or agglomerations within which the limit value for lead cannot be met by 1 January 2005 owing to concentrations of lead in ambient air due to industrial processes. Member States shall send to the Commission a first list of any such zones or agglomerations together with information on the sources of lead therein within two years of the entry into force of this Directive. Within such zones and agglomerations Member States shall prepare plans or programmes in accordance with Article 8(3) of Directive 96/62/EC for attaining an annual average concentration of 1.0 µg/m3 by 1 January 2005 and for attaining the limit value set out in Annex IV as soon as possible thereafter and in any event no later than 1 January 2010. Such plans and programmes shall show clearly an estimate of the area subject to pollution levels and the population exposed above the limit value in Annex IV. They shall aim to reduce population exposure as quickly as possible.

(Amendment 9)

Article 7(6)

>Original text>

6. 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 set out in Article 12 of Directive 96/62/EC.

>Text following EP vote>

6.

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

(Amendment 10)

Article 8(1), 1st subparagraph

>Original text>

1. Member States shall take appropriate steps to disseminate up-to-date information on ambient concentrations of sulphur dioxide, oxides of nitrogen, particulate matter and lead to the public by means, for example, of broadcast media, press, information screens or computer network services and by notification of appropriate organizations such as environmental organizations, consumer organizations, organizations representing the interests of sensitive populations and other pertinent health care bodies. A list of the organizations notified shall be sent to the Commission at the same time as information transmitted under Article 11 of Directive 96/62/EC.

>Text following EP vote>

1.

Member States shall take appropriate steps to disseminate up-to-date information on ambient concentrations of sulphur dioxide, oxides of nitrogen, particulate matter and lead to the public by means, for example, of broadcast media, press, information screens or computer network services and by provision of corresponding data via teletext, the Internet, telephone or fax to relevant organizations such as environmental organizations, consumer organizations, organizations representing the interests of sensitive populations and other pertinent health care bodies. Information on ambient concentrations of sulphur dioxide, oxides of nitrogen and particulate matter shall be updated on an hourly basis. Information on ambient concentrations of lead shall be updated on a three-monthly basis. A list of these organizations shall be sent to the Commission at the same time as information transmitted under Article 11 of Directive 96/62/EC. This information must make clear whether the pollution levels are above, below or equal to the limit and threshold values set out in Annexes I to IV.

(Amendment 11)

Article 8(2)

>Original text>

2. The public information indicators of Section V of Annex X shall apply for the purposes of Article 5(4) above.

>Text following EP vote>

Deleted

(Amendment 12)

Article 8(3a) (new)

>Original text>

>Text following EP vote>

3a. All information supplied to the public and all organisations listed in paragraphs 1 and 3 pursuant to this Article and information supplied to the public pursuant to Article 10 of Directive 96/62/EC shall be clear, comprehensible and accessible for its stated purpose.

(Amendment 13)

Article 9a (new)

>Original text>

>Text following EP vote>

Article 9a

Research

In order to facilitate attainment of the objectives of the Directive, the Commission and Member States shall encourage and support:

>Original text>

>Text following EP vote>

- research into the long-term health effects of pollution by sulphur dioxide and oxides of nitrogen;

- research into particulate matter, its composition, origin and mechanism of transport within the atmosphere, and the effects of long-term exposure to particulate matter;

- research into the epidemiology and toxicology of lead, and the investigation of deposition limit values for lead;

- other relevant research as required.

(Amendment 14)

Article 10

>Original text>

The Commission shall submit to the European Parliament and the Council not later than 31 December 2003 a report based on experience of the application of this Directive, and in particular on the results of the most recent scientific research concerning the effects on human health of exposure to sulphur dioxide, to different fractions of particulate matter and to lead, and on progress achieved in methods of measuring and otherwise assessing concentrations of particulate matter in ambient air and the deposition of lead on surfaces.

>Text following EP vote>

The Commission shall review by 30 September 2003 the provisions of this Directive, in particular the limit values, alert thresholds, action levels and sampling requirements specified therein, in the light of technological developments, the latest health information and recent scientific research. The Commission shall submit to the European Parliament and the Council not later than 31 December 2003 a report based on experience of the application of this Directive, and in particular on the results of the most recent scientific research concerning the effects on human health of exposure to sulphur dioxide, to different fractions of particulate matter and to lead, and on progress achieved in methods of measuring and otherwise assessing concentrations of particulate matter in ambient air and the deposition of lead on surfaces. The report shall include proposals for amending the provisions of the Directive in the light of the Commission's review.

(Amendment 15)

Annex I (I) table (1) 3rd column

>Original text>

Limit value: 350 µg/m3 not to be exceeded more than 24 times per calendar year.

>Text following EP vote>

Limit value: 350 µg/m

3 not to be exceeded more than 8 times per calendar year.

(Amendment 16)

Annex I (I) table (3)

>TABLE>

>TABLE>

(Amendment 17)

Annex II (I) table, 3rd heading, 1st column

>Original text>

3. Annual limit value for the protection of vegetation to apply away from the immediate vicinity of sources

>Text following EP vote>

3. Annual limit value for the protection of vegetation

(Amendment 18)

Annex II (Ia) (new)

>Original text>

>Text following EP vote>

Ia. Alert threshold for nitrogen dioxide

400 µg/m3 measured over three consecutive hours at locations representative of air quality over an entire zone or agglomeration.

(Amendment 19)

Annex II (Ib) (new)

>Original text>

>Text following EP vote>

Ib. Minimum details to be supplied to the public when the alert threshold for nitrogen dioxide is exceeded

Details to be supplied to the public should include as a minimum:

- date, hour and place of the occurrence

- forecasts:

- change in concentrations (improvement, stabilisation or deterioration),

- geographical area concerned,

- duration,

- type of population potentially sensitive to the occurrence,

- precautions to be taken by the sensitive population concerned.

(Amendment 20)

Annex III (Ia) (new)

>Original text>

>Text following EP vote>

Ia. Alert threshold for particulates (PM10)

100 ìg/m3 measured over three consecutive hours at locations representative of air quality over an entire zone or agglomeration.

(Amendment 21)

Annex III (Ib) (new)

>Original text>

>Text following EP vote>

Ib. Minimum details to be supplied to the public when the alert threshold for particulate matter (PM 10) is exceeded

Details to be supplied to the public should include as a minimum:

- date, hour and place of the occurrence

- forecasts

- change in concentrations (improvement, stabilisation or deterioration),

- geographical area concerned,

- duration,

- type of population potentially sensitive to the occurrence,

- precautions to be taken by the sensitive population concerned.

(Amendment 22)

Annex VI (I)(a) 1st subparagraph (ii)

>Original text>

(ii) to provide data on levels in other areas within the zones and agglomerations which are representative of the exposure of the general population, and which provide information for air quality management purposes.

>Text following EP vote>

(ii)

to provide data on levels in other areas, including smaller islands or islands forming part of an archipelago, within the zones and agglomerations which are representative of the exposure of the general population, and which provide information for air quality management purposes.

(Amendment 23)

Annex VI (I)(a), 3rd subparagraph

>Original text>

Sampling points may be representative of similar locations not in their immediate vicinity.

>Text following EP vote>

Sampling points

should, where possible, also be representative of similar locations not in their immediate vicinity.

(Amendment 32)

Annex VI(I)(b)

>Original text>

Sampling points targeted at the protection of ecosystems or other vegetation should be sited to be representative of air quality away from the immediate vicinity of sources such as agglomerations and other built-up areas, industrial installations and roads. As a guideline a sampling point should be sited to be representative of air quality in a surrounding area of at least 1000 km2

>Text following EP vote>

Sampling points

directed at the protection of ecosystems and other vegetation should be sited beyond 20 km from agglomerations or 5 km from another built-up area or industrial installation or major road;

In zones on its territory which the Member State concerned considers should be afforded special protection, sampling points should be sited with the aim of achieving this special protection.

(Amendment 24)

Annex VI (II), 1st paragraph, indents 5 to 7

>Original text>

- traffic-oriented samplers should be at least 25 metres from major junctions and should be no less than 4 m from the centre of the nearest traffic lane;

- traffic-oriented samplers for the measurement of NO2 should be sited less than 5 metres from the kerb side;

- in built-up areas, traffic-oriented samplers for the measurement of particulate matter or lead should be sited to be representative of air quality close to the building line.

>Text following EP vote>

-

traffic-oriented samplers should be at least 25 metres from major junctions and between 2 and 5 metres from the nearest part of the vehicular carriageway, or at the building line if closer, unless there is a point at which the population may be directly or indirectly exposed to a higher concentration for a period which is significant in relation to the averaging period of the limit values.

(Amendment 25)

Annex VII (I)(a), table, before the first line, new line

>TABLE>

(Amendment 26)

Annex IX (III)

>Original text>

III. Sampling method and reference method of analysing the concentration of lead in air

(Annex to Council Directive 82/884/EEC of 3 December 1982 on lead in ambient air)

>Text following EP vote>

III. Sampling method and reference method of analysing the concentration of lead in air

(The reference method for sampling shall be the method for PM10 described in draft European standard prEN 12341. The reference method of analysing the concentration of lead in air is described in the annex to Council Directive 82/884/EEC of 3 December 1982 on lead in ambient air)

(Amendment 27)

Annex X

>Original text>

>Text following EP vote>

This Annex is deleted.

Legislative resolution embodying Parliament's opinion on the proposal for a Council Directive relating to limit values for sulphur dioxide, oxides of nitrogen, particulate matter and lead in ambient air (COM(97)0500 - C4-0662/97 - 97/0266(SYN))(Cooperation procedure: first reading)

The European Parliament,

- having regard to the Commission proposal to the Council COM(97)0500 - 97/0266(SYN) ((OJ C 9, 14.1.1998, p. 6.)),

- having been consulted by the Council pursuant to Article 189c of the EC Treaty and Articles 129 and 130s of the EC Treaty (C4-0662/97),

- having regard to Rule 58 of its Rules of Procedure,

- having regard to the report of the Committee on the Environment, Public Health and Consumer Protection (A4-0161/98),

1. Approves the Commission proposal, subject to Parliament's amendments;

2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 189a (2) of the EC Treaty;

3. Calls on the Council to incorporate Parliament's amendments in the common position that it adopts in accordance with Article 189c(a) of the EC Treaty;

4. Calls for the conciliation procedure to be opened should the Council intend to depart from the text approved by Parliament;

5. Asks to be consulted again should the Council intend to make substantial modifications to the Commission proposal;

6. Instructs its President to forward this opinion to the Council and Commission.

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