Search Legislation

Directive 2004/107/EC of the European Parliament and of the CouncilShow full title

Directive 2004/107/EC of the European Parliament and of the Council of 15 December 2004 relating to arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons in ambient air

 Help about what version

What Version

 Help about advanced features

Advanced Features

More Resources

 Help about UK-EU Regulation

Legislation originating from the EU

When the UK left the EU, legislation.gov.uk published EU legislation that had been published by the EU up to IP completion day (31 December 2020 11.00 p.m.). On legislation.gov.uk, these items of legislation are kept up-to-date with any amendments made by the UK since then.

Close

This item of legislation originated from the EU

Legislation.gov.uk publishes the UK version. EUR-Lex publishes the EU version. The EU Exit Web Archive holds a snapshot of EUR-Lex’s version from IP completion day (31 December 2020 11.00 p.m.).

Changes over time for: Directive 2004/107/EC of the European Parliament and of the Council (Annexes only)

 Help about opening options

Status:

EU Directives are published on this site to aid cross referencing from UK legislation. Since IP completion day (31 December 2020 11.00 p.m.) no amendments have been applied to this version.

ANNEX IU.K.

Target values for arsenic, cadmium, nickel and benzo(a)pyrene

a

For the total content in the PM10 fraction averaged over a calendar year.

PollutantTarget valuea
Arsenic6 ng/m3
Cadmium5 ng/m3
Nickel20 ng/m3
Benzo(a)pyrene1 ng/m3

ANNEX IIU.K.Determination of requirements for assessment of concentrations of arsenic, cadmium, nickel and benzo(a)pyrene in ambient air within a zone or agglomeration

I.Upper and lower assessment thresholdsU.K.

The following upper and lower assessment thresholds will apply:

ArsenicCadmiumNickelB(a)P
Upper assessment threshold in percent of the target value

60 %

(3,6 ng/m3)

60 %

(3 ng/m3)

70 %

(14 ng/m3)

60 %

(0,6 ng/m3)

Lower assessment threshold in percent of the target value

40 %

(2,4 ng/m3)

40 %

(2 ng/m3)

50 %

(10 ng/m3)

40 %

(0,4 ng/m3)

II.Determination of exceedances of upper and lower assessment thresholdsU.K.

Exceedances of upper and lower assessment thresholds must be determined on the basis of concentrations during the previous five years where sufficient data are available. An assessment threshold will be deemed to have been exceeded if it has been exceeded during at least three calendar years out of those previous five years.U.K.

Where fewer than five years’ data are available, Member States may combine measurement campaigns of short duration during the period of the year and at locations likely to be typical of the highest pollution levels with results obtained from information from emission inventories and modelling to determine exceedances of the upper and lower assessment thresholds.

ANNEX IIIU.K.Location and minimum number of sampling points for the measurement of concentrations in ambient air and deposition rates

I.Macroscale sitingU.K.

The sites of sampling points should be selected in such a way as to:U.K.

  • provide data on the areas within zones and agglomerations where the population is likely to be directly or indirectly exposed to the highest concentrations averaged over a calendar year;

  • provide data on levels in other areas within zones and agglomerations which are representative of the exposure of the general population;

  • provide data on deposition rates representing the indirect exposure of the population through the food chain.

Sampling points should in general be sited so as to avoid measuring very small micro-environments in their immediate vicinity. As a guideline, a sampling point should be representative of air quality in surrounding areas of no less than 200 m2 at traffic-orientated sites, at least 250 m × 250 m at industrial sites, where feasible, and several square kilometres at urban-background sites.

Where the objective is to assess background levels the sampling site should not be influenced by agglomerations or industrial sites in its vicinity, i.e. sites closer than a few kilometres.

Where contributions from industrial sources are to be assessed, at least one sampling point shall be installed downwind of the source in the nearest residential area. Where the background concentration is not known, an additional sampling point shall be situated within the main wind direction. In particular where Article 3(3) applies, the sampling points should be sited such that the application of BAT can be monitored.

Sampling points should also, where possible, be representative of similar locations not in their immediate vicinity. Where appropriate they should be co-located with sampling points for PM10.

II.Microscale sitingU.K.

The following guidelines should be met as far as practicable:U.K.

  • the flow around the inlet sampling probe should be unrestricted, without any obstructions affecting the airflow in the vicinity of the sampler (normally some metres away from buildings, balconies, trees and other obstacles and at least 0,5 m from the nearest building in the case of sampling points representing air quality at the building line);

  • in general, the inlet sampling point should be between 1,5 m (the breathing zone) and 4 m above the ground. Higher positions (up to 8 m) may be necessary in some circumstances. Higher siting may also be appropriate if the station is representative of a large area;

  • the inlet probe should not be positioned in the immediate vicinity of sources in order to avoid direct intake of emissions unmixed with ambient air;

  • the sampler’s exhaust outlet should be positioned so that recirculation of exhaust air to the sample inlet is avoided;

  • traffic-orientated sampling points should be at least 25 metres from the edge of major junctions and at least 4 m from the centre of the nearest traffic lane; inlets should be sited so as to be representative of air quality near the building line;

  • for the deposition measurements in rural background areas, the EMEP guidelines and criteria should be applied as far as practicable and where not provided for in the Annexes.

The following factors may also be taken into account:

  • interfering sources

  • security

  • access

  • availability of electrical power and telephone communications

  • visibility of the site in relation to its surroundings

  • safety of the public and operators

  • the desirability of co-locating sampling points for different pollutants

  • planning requirements.

III.Documentation and review of site selectionU.K.

The site selection procedures should be fully documented at the classification stage by such means as compass-point photographs of the surrounding area and a detailed map. Sites should be reviewed at regular intervals with repeated documentation to ensure that selection criteria remain valid over time.U.K.

IV.Criteria for determining numbers of sampling points for fixed measurement of concentrations of arsenic, cadmium, nickel and benzo(a)pyrene in ambient airU.K.

Minimum number of sampling points for fixed measurement to assess compliance with target values for the protection of human health in zones and agglomerations where fixed measurement is the sole source of information.U.K.

(a)Diffuse sourcesU.K.
a

To include at least one urban-background station and for benzo(a)pyrene also one traffic-oriented station provided this does not increase the number of sampling points.

Population of agglomeration or zone(thousands)If maximum concentrations exceed the upper assessment thresholdaIf maximum concentrations are between the upper and lower assessment thresholds
As, Cd, NiB(a)PAs, Cd, NiB(a)P
0–7491111
750–1 9992211
2 000–3 7492311
3 750–4 7493422
4 750–5 9994522
≥ 6 0005522
(b)Point sourcesU.K.

For the assessment of pollution in the vicinity of point sources, the number of sampling points for fixed measurement should be determined taking into account emission densities, the likely distribution patterns of ambient air pollution and potential exposure of the population.

The sampling points should be sited such that the application of BAT as defined by Article 2(11) of Directive 96/61/EC can be monitored.

ANNEX IVU.K.Data quality objectives and requirements for air quality models

I.Data quality objectivesU.K.

The following data quality objectives are provided as a guide to quality assurance.

a

Distributed over the year to be representative of various conditions for climate and anthropogenic activities

b

Indicative measurement being measurements which are performed at reduced regularity but fulfil the other data quality objectives]

[F1Benzo(a)pyrene Arsenic, cadmium and nickel Polycyclic aromatic hydrocarbons other than benzo(a)pyrene, total gaseous mercury Total deposition
Uncertainty
Fixed and indicative measurements 50 % 40 % 50 % 70 %
Modelling 60 % 60 % 60 % 60 %
Minimum data capture 90 % 90 % 90 % 90 %
Minimum time coverage
Fixed measurements a 33 % 50 %
Indicative measurements a b 14 % 14 % 14 % 33 %

The uncertainty (expressed at a 95 % confidence level) of the methods used for the assessment of ambient air concentrations will be evaluated in accordance with the principles of the CEN Guide to the expression of uncertainty in measurement (ENV 13005-1999), the methodology of ISO 5725:1994, and the guidance provided in the CEN Report, ‘Air quality — Approach to uncertainty estimation for ambient air reference measurement methods’ (CR 14377:2002E). The percentages for uncertainty are given for individual measurements, which are averaged over typical sampling times, for a 95 % confidence interval. The uncertainty of the measurements should be interpreted as being applicable in the region of the appropriate target value. Fixed and indicative measurements must be evenly distributed over the year in order to avoid skewing of results.

The requirements for minimum data capture and time coverage do not include losses of data due to regular calibration or normal maintenance of the instrumentation. Twenty-four-hour sampling is required for the measurement of benzo(a)pyrene and other polycyclic aromatic hydrocarbons. With care, individual samples taken over a period of up to one month can be combined and analysed as a composite sample, provided the method ensures that the samples are stable for that period. The three congeners benzo(b)fluoranthene, benzo(j)fluoranthene, benzo(k)fluoranthene can be difficult to resolve analytically. In such cases they can be reported as sum.[F2 Twenty-four hour sampling is also advisable for the measurement of arsenic, cadmium and nickel concentrations.] Sampling must be spread evenly over the weekdays and the year. For the measurement of deposition rates monthly, or weekly, samples throughout the year are recommended.

[F3The provisions on individual samples in the previous paragraph apply also to arsenic, cadmium, nickel and total gaseous mercury. Moreover, sub–sampling of PM 10 filters for metals for subsequent analysis is allowed, providing there is evidence that the sub-sample is representative of the whole and that the detection sensitivity is not compromised when compared with the relevant data quality objectives. As an alternative to daily sampling, weekly sampling for metals in PM 10 is allowed provided that the collection characteristics are not compromised.]

Member States may use wet only instead of bulk sampling if they can demonstrate that the difference between them is within 10 %. Deposition rates should generally be given as μg/m2 per day.

Member States may apply a minimum time coverage lower than indicated in the table, but not lower than 14 % for fixed measurements and 6 % for indicative measurements provided that they can demonstrate that the 95 % expanded uncertainty for the annual mean, calculated from the data quality objectives in the table according to ISO 11222:2002 — ‘Determination of the uncertainty of the time average of air quality measurements’ will be met.

II.Requirements for air quality modelsU.K.

Where an air quality model is used for assessment, references to descriptions of the model and information on the uncertainty shall be compiled. The uncertainty for modelling is defined as the maximum deviation of the measured and calculated concentration levels, over a full year, without taking into account the timing of the events.

III.Requirements for objective estimation techniquesU.K.

Where objective estimation techniques are used, the uncertainty shall not exceed 100 %.

IV.StandardisationU.K.

For substances to be analysed in the PM10 fraction, the sampling volume refers to ambient conditions.

ANNEX VU.K.Reference methods for assessment of concentrations in ambient air and deposition rates

[F1I. Reference method for the sampling and analysis of arsenic, cadmium and nickel in ambient air U.K.

The reference method for the sampling of arsenic, cadmium and nickel in ambient air is described in EN 12341:2014. The reference method for the measurement of arsenic, cadmium and nickel in ambient air is that described in EN 14902:2005 Ambient air quality — Standard method for the measurement of Pb, Cd, As and Ni in the PM10 fraction of suspended particulate matter .

A Member State may also use any other methods which it can demonstrate give results equivalent to the above method.

II. Reference method for the sampling and analysis of polycyclic aromatic hydrocarbons in ambient air U.K.

The reference method for the sampling of polycyclic aromatic hydrocarbons in ambient air is described in EN 12341:2014. The reference method for the measurement of benzo(a)pyrene in ambient air is that described in EN 15549:2008 Air quality — Standard method for the measurement of concentration of benzo[a]pyrene in ambient air . In the absence of a CEN standard method for the other polycyclic aromatic hydrocarbons referred to in Article 4(8), Member States are allowed to use national standards methods or ISO methods such as ISO standard 12884.

A Member State may also use any other method which it can demonstrate give results equivalent to the above method.

III. Reference method for the sampling and analysis of mercury in ambient air U.K.

The reference method for the measurement of total gaseous mercury concentrations in ambient air is that described in EN 15852:2010 Ambient air quality — Standard method for the determination of total gaseous mercury .

A Member State may also use any other method which it can demonstrate give results equivalent to the above method.

IV. Reference method for the sampling and analysis of the deposition of arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons U.K.

The reference method for the determination of the deposition of arsenic, cadmium, and nickel is that described in EN 15841:2009 Ambient air quality — Standard method for determination of arsenic, cadmium, lead and nickel in atmospheric deposition .

The reference method for the determination of the deposition of mercury is that described in EN 15853:2010 Ambient air quality — Standard method for determination of mercury deposition .

The reference method for the determination of the deposition of benzo(a)pyrene and the other polycyclic hydrocarbons referred to in Article 4(8) is that described in EN 15980:2011 Air quality. Determination of the deposition of benz[a]anthracene, benzo[b]fluoranthene, benzo[j]fluoranthene, benzo[k]fluoranthene, benzo[a]pyrene, dibenz[a,h]anthracene and indeno[1,2,3-cd]pyrene .]

[F4V. Reference air quality modelling techniques U.K.

Reference air quality modelling techniques cannot be specified at present. The Commission may make amendments to adapt this point to scientific and technical progress. Those measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 6(3).] U.K.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As adopted by EU): The original version of the legislation as it stood when it was first adopted in the EU. No changes have been applied to the text.

Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as adopted version that was used for the EU Official Journal
  • lists of changes made by and/or affecting this legislation item
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different versions taken from EUR-Lex before exit day and during the implementation period as well as any subsequent versions created after the implementation period as a result of changes made by UK legislation.

The dates for the EU versions are taken from the document dates on EUR-Lex and may not always coincide with when the changes came into force for the document.

For any versions created after the implementation period as a result of changes made by UK legislation the date will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. For further information see our guide to revised legislation on Understanding Legislation.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as adopted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources