Committee
1. The Commission shall be assisted by a committee, ‘the Ambient Air Quality Committee’.
2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.
3. Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
Penalties
Member States shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive.
Repeal and transitional provisions
1. Directives 96/62/EC, 1999/30/EC, 2000/69/EC and 2002/3/EC shall be repealed as from 11 June 2010, without prejudice to the obligations on the Member States relating to time-limits for transposition or application of those Directives.
However, from 11 June 2008, the following shall apply:
(a)
in Directive 96/62/EC, paragraph 1 of Article 12 shall be replaced by the following:
‘1. The detailed arrangements for forwarding the information to be provided under Article 11 shall be adopted in accordance with the procedure referred to in paragraph 3.’;
(b)
in Directive 1999/30/EC, Article 7(7), footnote 1 in point I of Annex VIII and point VI of Annex IX shall be deleted;
(c)
in Directive 2000/69/EC, Article 5(7) and point III in Annex VII shall be deleted;
(d)
in Directive 2002/3/EC, Article 9(5) and point II of Annex VIII shall be deleted.
2. Notwithstanding the first subparagraph of paragraph 1, the following Articles shall remain in force:
(a)
Article 5 of Directive 96/62/EC until 31 December 2010;
(b)
Article 11(1) of Directive 96/62/EC and Article 10(1), (2) and (3) of Directive 2002/3/EC until the end of the second calendar year following the entry into force of the implementing measures referred to in Article 28(2) of this Directive;
(c)
Article 9(3) and (4) of Directive 1999/30/EC until 31 December 2009.
3. References made to the repealed Directives shall be construed as being made to this Directive and should be read in accordance with the correlation table in Annex XVII.
4. Decision 97/101/EC shall be repealed with effect from the end of the second calendar year following the entry into force of the implementing measures referred to in Article 28(2) of this Directive.
However, the third, fourth and fifth indents of Article 7 of Decision 97/101/EC shall be deleted with effect from 11 June 2008.
Review
1. In 2013 the Commission shall review the provisions related to PM 2,5 and, as appropriate, other pollutants, and shall present a proposal to the European Parliament and the Council.
As regards PM 2,5 , the review shall be undertaken with a view to establishing a legally binding national exposure reduction obligation in order to replace the national exposure reduction target and to review the exposure concentration obligation laid down in Article 15, taking into account, inter alia , the following elements:
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latest scientific information from WHO and other relevant organisations,
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air quality situations and reduction potentials in the Member States,
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the revision of Directive 2001/81/EC,
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progress made in implementing Community reduction measures for air pollutants,
2. The Commission shall take into account the feasibility of adopting a more ambitious limit value for PM 2,5 , shall review the indicative limit value of the second stage for PM 2,5 and consider confirming or altering that value.
3. As part of the review, the Commission shall also prepare a report on the experience and on the necessity of monitoring of PM 10 and PM 2,5 , taking into account technical progress in automatic measuring techniques. If appropriate, new reference methods for the measurement of PM 10 and PM 2,5 shall be proposed.
Transposition
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 11 June 2010. They shall forthwith communicate to the Commission the text of those measures.
When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.
2. However, Member States shall ensure that a sufficient number of urban background measurement stations of PM 2,5 necessary for the calculation of the Average Exposure Indicator, in accordance with Section B of Annex V, is established at the latest by 1 January 2009, in order to comply with the timeframe and the conditions indicated in Section A of Annex XIV.
3. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
Entry into force
This Directive shall enter into force on the day of its publication in the Official Journal of the European Union .
Addressees
This Directive is addressed to the Member States.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
