Council Directive 96/62/EC of 27 September 1996 on ambient air quality assessment and management
Modified by
Regulation (EC) No 1882/2003 of the European Parliament and of the Councilof 29 September 2003adapting to Council Decision 1999/468/EC the provisions relating to committees which assist the Commission in the exercise of its implementing powers laid down in instruments subject to the procedure referred to in Article 251 of the EC Treaty, 32003R1882, October 31, 2003
Directive 2008/50/EC of the European Parliament and of the Councilof 21 May 2008on ambient air quality and cleaner air for Europe, 32008L0050, June 11, 2008
Council Directive 96/62/ECof 27 September 1996on ambient air quality assessment and managementTHE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 130s (1) thereof,Having regard to the proposal from the CommissionOJ No C 216, 6.8.1994, p. 4.,Having regard to the opinion of the Economic and Social CommitteeOJ No C 110, 2.5.1995, p. 5.,Acting in accordance with the procedure laid down in Article 189c of the TreatyOpinion of the European Parliament of 16 June 1995 (OJ No C 166, 3.7.1995, p. 173), Council common position of 30 November 1995 (OJ No C 59, 28.2.1996, p. 24) and decision of the European Parliament of 22 May 1996 (OJ No C 166, 10.6.1996, p. 63).,Whereas the fifth action programme of 1992 on the environment, the general approach of which was endorsed by the Council and the Representatives of the Governments of the Member States, meeting within the Council, in their resolution 93/C 138/01 of 1 February 1993OJ No C 138, 17.5.1993, p. 1., envisages amendments to existing legislation on air pollutants; whereas the said programme recommends the establishment of long-term air quality objectives;Whereas, in order to protect the environment as a whole and human health, concentrations of harmful air pollutants should be avoided, prevented or reduced and limit values and/or alert thresholds set for ambient air pollution levels;Whereas, in order to take into account the specific formation mechanisms of ozone, these limit values and alert thresholds may need to be complemented or replaced by target values;Whereas the numerical values for limit values, alert thresholds and, as regards ozone, target values and/or limit values and alert thresholds are to be based on the findings of work carried out by international scientific groups active in the field;Whereas the Commission is to carry out studies to analyse the effects of the combined action of various pollutants or sources of pollution and the effect of climate on the activity of the various pollutants examined in the context of this Directive;Whereas the ambient air quality needs to be assessed against limit values and/or alert thresholds, and, as regards ozone, target values and/or limit values taking into account the size of populations and ecosystems exposed to air pollution, as well as the environment;Whereas, in order for assessment of ambient air quality based on measurements made in Member States to be comparable, the location and number of sampling points and reference methods of measurement used should be specified when values are set for alert thresholds, limit values and target values;Whereas, to allow for the use of other techniques of estimation of ambient air quality besides direct measurement, it is necessary to define the criteria for use and required accuracy of these techniques;Whereas the general measures set up under this Directive have to be supplemented by others specific to individual substances covered;Whereas these specific measures need to be adopted as soon as possible in order to fulfil the overall objectives of this Directive;Whereas preliminary representative data on the levels of pollutants should be collected;Whereas, in order to protect the environment as a whole and human health, it is necessary that Member States take action when limit values are exceeded in order to comply with these values within the time fixed;Whereas the measures taken by Member States must take into account the requirements set by regulations concerning the operation of industrial installations in conformity with Community legislation in the field of integrated prevention and reduction of pollution when this legislation applies;Whereas, because these actions require time to be implemented and become effective, temporary margins of tolerance of the limit value may need to be set;Whereas areas may exist in Member States where pollution levels are greater than the limit value but within the allowed margin of tolerance; whereas the limit value must be complied with within the time specified;Whereas Member States must consult with one another if the level of a pollutant exceeds, or is likely to exceed, the limit value plus the margin of tolerance or, as the case may be, the alert threshold, following significant pollution originating in another Member State;Whereas the setting of alert thresholds at which precautionary measures should be taken will make it possible to limit the impact of pollution episodes on human health;Whereas, in zones and agglomerations where the levels of pollutants are below the limit values, Member States must endeavour to preserve the best ambient air quality compatible with sustainable development;Whereas, in order to facilitate the handling and comparison of data received, such data should be provided to the Commission in standardized form;Whereas the implementation of a wide and comprehensive policy of ambient air quality assessment and management needs to be based on strong technical and scientific grounds and permanent exchange of views between the Member States;Whereas there is a need to avoid increasing unnecessarily the amount of information to be transmitted by Member States; whereas the information gathered by the Commission pursuant to the implementation of this Directive is useful to the European Environment Agency (EEA) and may therefore be transmitted to it by the Commission;Whereas the adaptation of criteria and techniques used for the assessment of the ambient air quality to scientific and technical progress and the arrangements needed to exchange the information to be provided pursuant to this Directive may be desirable; whereas, in order to facilitate implementation of the work necessary to this end, a procedure should be set up to establish close cooperation between the Member States and the Commission within a committee;Whereas, in order to promote the reciprocal exchange of information between Member States and the EEA, the Commission, with the assistance of the EEA, is to publish a report on ambient air quality in the Community every three years;Whereas the substances already covered by Council Directive 80/779/EEC of 15 July 1980 on air quality limit values and guide values for sulphur dioxide and suspended particulatesOJ No L 229, 30.8.1980, p. 30. Directive as last amended by Directive 91/692/EEC (OJ No L 377, 31.12.1991, p. 48)., Council Directive 82/884/EEC of 3 December 1982 on a limit value for lead in the airOJ No L 378, 31.12.1982, p. 15. Directive as last amended by Directive 91/692/EEC., Council Directive 85/203/EEC of 7 March 1985 on air quality standards for nitrogen dioxideOJ No L 87, 27.3.1985, p. 1. Directive as last amended by Directive 91/692/EEC. and Council Directive 92/72/EEC of 21 September 1992 on air pollution by ozoneOJ No L 297, 13.10.1992, p. 1. should be dealt with first,HAS ADOPTED THIS DIRECTIVE: