Council Directive 80/779/EEC of 15 July 1980 on air quality limit values and guide values for sulphur dioxide and suspended particulates

• Published date: 30 August 1980
• Subject Matter: Approximation of laws,Environment,Provisions under Article 235 EEC
• Official Gazette Publication: Official Journal of the European Communities, L 229, 30 August 1980

|

Council Directive 80/779/EEC of 15 July 1980 on air quality limit values and guide values for sulphur dioxide and suspended particulates

Official Journal L 229 , 30/08/1980 P. 0030 - 0048
Spanish special edition: Chapter 15 Volume 2 P. 0193
Portuguese special edition Chapter 15 Volume 2 P. 0193
Finnish special edition: Chapter 15 Volume 3 P. 0022
Swedish special edition: Chapter 15 Volume 3 P. 0022

COUNCIL DIRECTIVE of 15 July 1980 on air quality limit values and guide values for sulphur dioxide and suspended particulates (80/779/EEC)

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community, and in particular Articles 100 and 235 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament (1),

Having regard to the opinion of the Economic and Social Committee (2),

Whereas the European Communities' programmes of action on the environment of 1973 (3) and 1977 (4) provide that priority is to be given to measures against sulphur dioxide and suspended particulates because of their toxicity and the current state of knowledge of their effects on human health and the environment;

Whereas, since any discrepancy between the provisions already applicable or being prepared in the various Member States with regard to sulphur dioxide and suspended particulates could give rise to unequal conditions of competition and could consequently directly affect the functioning of the common market, the legislative provisions in this area should be harmonized as prescribed in Article 100 of the Treaty;

Whereas one of the basic tasks of the European Economic Community is to promote throughout the Community a harmonious development of economic activities and a continued and balanced expansion ; whereas such an achievement is inconceivable without measures to combat pollution, improve the quality of life and protect the environment ; whereas, since the Treaty has not provided the necessary powers in this field, Article 235 of the Treaty must be invoked;

Whereas, in order to protect human health in particular, it is necessary to set for these two pollutants limit values which must not be exceeded in the territory of the Member States during specified periods ; whereas these values should be based on the findings reached in the framework of the WHO, particularly with regard to the dose/effect relationships established for sulphur dioxide and suspended particulates taken together;

Whereas, despite the measures taken, it may not be possible to comply with these limit values in certain zones ; whereas the Member States must therefore be allowed temporary derogations on condition that they forward to the Commission plans for the progressive improvement of the quality of the air in those zones;

Whereas guide values should also be set to serve as long-term precautions for health and the environment and as reference points for the establishment of specific schemes within zones determined by the Member States;

Whereas the measures taken pursuant to this Directive must be economically feasible and compatible with balanced development;

Whereas it is necessary to establish suitable monitoring of air quality and particularly of observance of the limit values ; whereas the Member States should therefore be obliged to establish measuring stations to supply the data necessary for the application of the Directive;

Whereas since different sampling and analysis methods are applied in the Member States, it is necessary to permit, under certain conditions, the use of sampling and measurement methods other than the reference methods laid down in the Directive;

Whereas, since some Member States use particular methods of sampling and analysis which cannot easily be correlated with the reference methods, it is necessary that the Directive specify different limit values which are to be respected where such methods are used ; whereas the Member States concerned should also carry out parallel measurements at a series of representative (1)OJ No C 83, 4.4.1977, p. 44. (2)OJ No C 204, 30.8.1976, p. 34. (3)OJ No C 112, 20.12.1973, p. 1. (4)OJ No C 139, 13.6.1977, p. 1. stations using the reference methods in addition to their own methods of measurement ; whereas the Commission must make further proposals in the light of these parallel measurements and of the need to avoid discriminatory provisions;

Whereas the subsequent development of reference methods of sampling and analysis referred to in this Directive may be desirable in the light of technical and scientific progress in this area ; 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 on Adaptation to Scientific and Technical Progress,

HAS ADOPTED THIS DIRECTIVE:

Article 1

The purpose of this Directive is to fix limit values (Annex I) and guide values (Annex II) for sulphur dioxide and suspended particulates in the atmosphere and the conditions for their application in order to improve: - the protection of human health,

- the protection of the environment.

Article 2

1. "Limit values" means: - the concentrations of sulphur dioxide and suspended particulates considered simultaneously in accordance with Table A in Annex I, and

- the concentrations of suspended particulates considered separately in accordance with Table B in Annex I,

which, in order to protect human health in particular, must not be exceeded throughout the territory of the Member States during specified periods and under the conditions laid down in the following Articles.

2. "Guide values" means the concentrations of sulphur dioxide and suspended particulates over specified periods which are given in Annex II and are intended to serve as: - long-term precautions for health and the environment,

- reference points for the establishment of specific schemes within zones determined by the Member States.

Article 3

1. Member States shall take appropriate measures to ensure that as from 1 April 1983 the concentrations of sulphur dioxide and suspended particulates in the atmosphere are not greater than the limit values given in Annex I, without prejudice to the following provisions.

2. Where a Member State considers that there is a likelihood that, despite the measures taken, the concentrations of sulphur dioxide and suspended particulates in the atmosphere might, after 1 April 1983, exceed in certain zones the limit values given in Annex I, it shall inform the Commission thereof before 1 October 1982.

It shall at the same time forward to the Commission plans for the progressive improvement of the quality of the air in those zones. These plans, drawn up on the basis of relevant information on the nature, origin and evolution of the pollution, shall describe in particular the measures taken or to be taken and the procedures implemented or to be implemented by the Member State concerned. These measures and procedures must bring the concentrations of sulphur dioxide and suspended particulates in the atmosphere within these zones to values below or equal to the limit values given in Annex I as soon as possible and by 1 April 1993 at the latest.

Article 4

1. In the zones in which the Member State concerned considers it necessary to limit or prevent a foreseeable increase in pollution by sulphur dioxide and suspended particulates in the wake of development, in particular urban or industrial development, the Member State shall, taking the guide values in Annex II as a reference point, fix values which must be lower than the limit values in Annex I.

2. In zones on its territory which the Member State concerned considers should be afforded special environmental protection, the Member State shall fix values which are generally lower than the guide values in Annex II.

3. Member States shall inform the Commission of the values, deadlines and timetables they have laid down for the zones referred to in paragraphs 1 and 2, and of any appropriate measures they have taken.

Article 5

In addition to the provisions referred to in Article 3 (1) and Article 4 (1), Member States shall, with the object of taking further precautions for the protection of health and the environment, endeavour to move towards the guide values in Annex II wherever the measured concentrations are higher than these values.

Article 6

Member States shall establish measuring stations designed to supply the data necessary for the application of this Directive, in particular in zones where the limit values referred to in Article 3 (1) are likely to be approached or exceeded and in the zones referred to in Article 3 (2) ; the stations must be located at sites where pollution is thought to be greatest and where the measured concentrations are representative of local conditions.

Article 7

1. Following the entry into force of this Directive, Member States shall inform the Commission, not later than six months after the end (31 March) of the annual reference period, of instances in which the limit values laid down in Annex I have been exceeded and of the concentrations recorded.

2. They shall also notify the Commission, not later than one year after the end of the annual reference period, of...