|Legal name||Directive 2004/107/EC of the European Parliament and of the Council of 15 December 2004 relating to arsenic, cadmium, mercury, nickel and polycyclic hydrocarbons in ambient air (OJ L23, 26.01.2005, pp.3-16)|
|Short name||4th daughter directive relating to As, Cd, HG, Ni and PAHs in ambient air|
|Issued by||European Parliament and Council|
|URL to issuer||http://www.europarl.europa.eu/|
|Parent legislative instrument||Air quality framework directive|
- This 4th daughter directive passed under the 1996 air quality framework directive (96/62/EC, 27 Sep 1996) on ambient air quality assessment and management. Member states must transpose it into national law by 15 February 2007 (Art.10). The European Commission will report on its implementation to the European Parliament and the Council by 31 December 2010 (Art.8).
- The directive sets target values, "to be attained as far as possible" (para.(4)), for all the pollutants except mercury, effective from 31 December 2012 (Art.3). These are 6 ng/m3 for arsenic, 5 ng/m3 for cadmium, 20 ng/m3 for nickel and 1 ng/m3 for PAH, represented by benzo(a)pyrene (Annex I).
- Critically, since industrial installations are the key sources of these pollutants, the law specifies that the target values are not
environmental quality standards as defined in the air quality framework directive (para.(6)). Measures to meet the values "would not" involve measures beyond application of best available techniques (BAT), and in particular "would not lead to the closure of installations" (para.(5)).
- Member states must assess levels of the pollutants "throughout" their territories. For all except mercury they must draw up lists of areas where they are met and areas where they are exceeded (Art.4), and ensure "clear and comprehensible" information is made publicly accessible (Art.5(3), Art.7).
- Where the targets are exceeded, member states shall identify pollution sources and demonstrate the application of "all necessary measures not entailing disproportionate costs" to meet them (Art.3(3)). Governments shall report to the Commission on zones and agglomerations where the target values are exceeded. The first such reports will be required by 30 September 2008 (Art.5(1)).
|DG Env review of reporting theme||Air|
|Geographic scope||European Union|
|Comments||Reporting guidelines and instructions will have to be developed yet. The various reporting obligations of this 4th daughter directive could well take place through the annual Questionnaire on zones and agglomerations related target values and their exceedances (Art.5(1)) and measures taken (Art.5(2)), and will be taken care of through the Exchange of Information (EoI) on measurement data (Art.5(1)).|