The ESC endorsed the thrust of the proposal for a
directive and the proposed rules, subject to the following proposed changes.
It felt that the dangers and potential damage of atmospheric pollution made
the issue and implementation of this directive a matter of urgency. It was
pleased to note that the proposal for a directive provided for a programme
for the adoption of air quality objectives at European level. It had recently
called for a programme of this kind in its Opinion on the Integrated
Pollution Prevention and Control Directive. It regretted that there was no
reference in the draft Directive to the problems of cross-border atmospheric
pollution. This applied particularly to cross-border atmospheric pollution
within the European Union. Where bilateral or multilateral agreements existed
on information, compensation or arbitration procedures, they should be
applied in relation to the implementation of the draft Directive too. The Union’s bodies should also work for the
conclusion of such agreements. It might be appropriate for the information
referred to in Article 3 to be exchanged between Member States as well as
communicated to the Commission. It would also be right to require the Member
States to make such communications public, subject to the relevant European
and national laws. The extent to which the programme for the establishment of
quality objectives provided for in the framework directive was compatible
with the existing European ground-level concentration limits and the progress
achieved in reducing concentrations of individual pollutants needed
particular study. Article 5(2) of the draft was illogical: establishing which
areas had poor or improving air quality required measurement. Initial
measurements should therefore also be required outside the areas listed in
Article 5(2). Subsequent measurements could then, in accordance with the
proposal, be restricted. The Member States should be empowered and required
to work for an improvement in air quality even where no Community limit
values as yet existed. Such measures could be based on WHO values. In Article
7(3)(b) the proposal restricted itself to requiring that plans and programmes
for the implementation of quality objectives be made available to the public.
Participation in the preparation of these programmes and in the
implementation of the air quality objectives in the Member States could also
be of particular interest to the public. The ESC proposed that, in addition
to the advisory committee of official representatives of the Member States, a
‘committee of experts’ be set up. Annex 1: the ESC suggested that
carbon monoxide and benzene be included in the list for action in the
short-term (31 December 1996) and thus that these pollutants be moved from
Annex 1(2) to 1(1).