TRANSPOSITION NOTE
Council Directive 96/62/EC on ambient air quality assessment and management
(OJ No L 296, 21.11.96, p.55)
The Scottish Ministers propose to rely on the Air Quality Standards (Scotland) Regulations 2007, a draft of which is subject to public consultation, in respect of the transposition of the above Directive within Scotland. The draft Regulations will replace the Air Quality Limit Values (Scotland) Regulations 2003 (SSI. 2003/428 as amended by SSI. 2003/547 and SSI 2005/300) which form the existing transposition. A transposition table is set out below.
Directive Article | Transposition provision | Comments |
|---|
Article 1 (Objectives) | | The objectives of the Directive are achieved by the Regulations as a whole. |
Article 2 (Definitions) | Regulation 2 | |
Article 3 (Implementation and responsibilities) | Regulation 3 | Scottish Ministers are designated as the competent authority for implementation. |
Article 4 (Setting of limit values and alert thresholds) | | This Article requires the Commission to make proposals limit values. These have been made and resulted in Directives 1999/30/EC, 2000/69/EC, 2002/3/EC and 2004/107/EC which are also transposed by these Regulations. Readers are referred to the Transposition Note for each of those Directives. |
Article 5 (Preliminary assessment) | | This Article requires the taking of representative measurements of pollutants in time for the implementation of the Daughter Directives, and is thus only now relevant for Directive 2004/107/EC, in relation to which Scottish Ministers confirm that preliminary measurements have been taken. |
Article 6 (Assessment of ambient air quality) | | The transposition of this Article is set out in detail below. It has to be read together with Articles 7 of Directive 1999/30/EC and Article 5 of Directive 2000/69/EC. |
Article 6(1) | Regulation 12 | |
Article 6(2) | Regulations 13(2), 14(3) | |
Article 6(3) | Regulation 13(3)(a) | |
Article 6(4) | Regulation 13(3)(b)/(4) | |
Article 6(5) | Regulation 14(2) | |
Article 7 (Improvement of ambient air quality) | | |
Article 7(1) | Regulation 7(1) | |
Article 7(2) | Regulation 4(2) | Article 7(2)(b) requiring that measures to achieve the aims of the Directive shall not contravene Community legislation on the protection of safety and health of workers is not specifically transposed as the relevant Community legislation is in any event transposed into UK law (as required) and is thus binding on the Scottish Ministers. |
Article 7(3) | Regulation 11 | |
Article 8 (Measures in zones where levels higher than the limit value) | | |
Article 8(1) | Regulation 22(c)(i) | |
Article 8(2) | Regulation 22(c)(ii) | |
Article 8(3) | Regulation 8(1)(a)/(2)/(6) | |
Article 8(4) | Regulation 8(5) | |
Article 8(6) | | Transposed on a UK basis through the Air Quality Standards Regulations 2007 |
Article 9 (Requirements in zones where the levels are lower than the limit value) | Regulation 10(1)(a)/(2) | |
Article 10 (Measures in the event of alert thresholds being exceeded) | Regulation 24(1)(a)(i)/(2) Schedule 11 Part 1 | Regulation 24 transposes the requirement to provide information to the public. It is to be read together with regulation 21. |
Article 11 (Transmission of information and reports) | | Transposition not required. |
Article 12 (Committee) | | Transposition not required. |
Article 13 | Regulations 1(1) and 32 | |
Article 14 | | Transposition not required. |
Article 15 | | Transposition not required. |
Annex I | | Transposition not required (same reason as set out for Article 4). |
Annex II | | Transposition not required (same reason as set out for Article 4). |
Annex III | | Transposition not required (same reason as set out for Article 4). |
Annex IV | Schedule 2 | |
TRANSPOSITION NOTE
Council Directive 1999/30/EC relating to limit values for sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter and lead (OJ No L 163, 29.06.99, p.41)
The Scottish Ministers propose to rely on the Air Quality Standards (Scotland) Regulations 2007, a draft of which is subject to public consultation, in respect of the transposition of the above Directive within Scotland. The draft Regulations will replace the Air Quality Limit Values (Scotland) Regulations 2003 (SSI. 2003/428 as amended by SSI. 2003/547 and SSI 2005/300) which form the existing transposition. A transposition table is set out below.
Directive Article | Transposition provision | Comments |
|---|
Article 1 (Objectives) | | Objectives of the Directive are achieved by the Regulations as a whole |
Article 2 (Definitions) | Regulation 2 and other relevant regulations | |
Article 3 (Sulphur dioxide) | | |
Article 3(1) | Regulation 6(1)(a)/(2)
Schedule 1 Part 1 | |
Article 3(2) | Regulation 11(6)
Schedule 3 Part 1 | |
Article 4 (Nitrogen dioxide and oxides of nitrogen) | | |
Article 4(1):
Limit values
Margins of tolerance | Same as Article 3(1)
Regulation 6(4)
Schedule 1 Part 2 | |
Article 5 (Particulate matter) | | |
Article 5(1) | Same as Article 3(1) | |
Article 5(2) | Regulation 17 | |
Article 6 (lead) | Same as Article 3(1) | |
Article 7 (Assessment of concentrations):
General |
Regulation 12
| |
Article 7(1):
Assessment thresholds
Review of classification |
Regulation 13(5)(a)
Schedule 4 Part 1
Regulation 13(6)
| |
Article 7(2):
Location of sampling points
Minimum number |
Regulation 15(1)(b)
Schedule 5 Parts 1, 4, 5
Regulation 15(1)(a)/(2)(a)
Schedule 6 Parts 1, 2
| |
Article 7(3) | Regulation 15(3) | |
Article 7(4) | Regulation 13(3) | |
Article 7(5) | Regulation 16(3)
Schedule 9 | |
Article 8 (Public information):
General |
Regulation 21/Part 4
| |
Article 8(1) | Regulation 21
Regulation 23(1)(a)/(d)(i) Regulation 23(2)(c)/(d)
Regulation 24(1)(a)(i)/(2)
Regulation 25(2) | |
Article 8(2) | Regulations 27(1) and 21(1)(a)/(3) | |
Article 8(4) | Regulation 21(2)(a) | |
Article 9 (Repeals) | | Transposition not required |
Article 10 (Report and review) | | Transposition not required |
Article 11 (Penalties) | | Regulations rely on public law remedies in relation to breach by Scottish Ministers. Penalties in relation to specific polluters are set out in applicable sectoral legislation |
Article 12 (Implementation) | Regulations 1(1) and 32 | |
Article 13 (Entry into force) | | Transposition not required. |
Annex I (Sulphur dioxide) | | |
Part I | Schedule 1 Part 1 | |
Part II | Schedule 3 Part 1 | |
Part III | Schedule 11 Part 1 | |
Annex II (Nitrogen dioxide and oxides of nitrogen) | | |
Part I | Schedule 1 Parts 1, 2. | |
Part II | Schedule 3 Part 1 | |
Part III | Schedule 11 Part 1 | |
Annex III (Particulate matter) | Schedule 1 Part 1 | |
Annex IV (Lead) | Schedule 1 Part 1 | |
Annex V (Determination of requirements) 1 | Schedule 4 Parts 1, 3 | |
Annex VI (Location of sampling points) | Schedule 5 Parts 1, 4, 5 | |
Annex VII (Number of sampling points) | Schedule 6 Parts 1, 2 | |
Annex VIII (Data-quality objectives etc) | | |
Part I | Schedule 8 Part 1 | |
Part II | Schedule 7 Part 1 | |
Part III | Regulation 16(4) | |
Annex IX (Reference methods) | Schedule 9 Part 1 | |
TRANSPOSITION NOTE
Directive 2000/69/EC of the European Parliament and of the Council relating to limit values for benzene and carbon monoxide in ambient air (OJ No L 313, 13.12.00, p.12)
The Scottish Ministers propose to rely on the Air Quality Standards (Scotland) Regulations 2007, a draft of which is subject to public consultation, in respect of the transposition of the above Directive within Scotland. The draft Regulations will replace the Air Quality Limit Values (Scotland) Regulations 2003 (SSI. 2003/428 as amended by SSI. 2003/547 and SSI 2005/300) which form the existing transposition. A transposition table is set out below.
Directive Article | Transposition provision | Comments |
|---|
Article 1 (Objectives) | | Objectives of the Directive are achieved by the Regulations as a whole |
Article 2 (Definitions) | Regulation 2 and other relevant regulations | |
Article 3 (Benzene) | | |
Article 3(1):
Limit values
Margins of tolerance |
Regulation 6(1)(a)/(2)
Schedule 1 Part 1
Regulation 6(4)
Schedule 1 Part 2
| |
Article 4 (Carbon monoxide) | Regulation 6(1)(a)/(2)
Schedule 1 Part 1 | |
Article 5 (Assessment of concentrations):
General |
Regulation 12
| |
Article 5(1):
Assessment thresholds
Review of classification |
Regulation 13(5)(a)
Schedule 4 Part 1
Regulation 13(6)
| |
Article 5(2):
Location of sampling points
Minimum number |
Regulation 15(1)(b)
Schedule 5 Parts 1, 4, 5
Regulation 15(1)(a)/(2)(a)
Schedule 6 Part 1
| |
Article 5(3) | Regulation 15(3) | |
Article 5(4) | Regulation 13(3) | |
Regulation 5(5) | Regulation 16(3)
Schedule 9 | |
Article 6 (Committee) | | Transposition not required |
Article 7 (Public information):
General |
Regulation 21/Part 4
| |
Article 7(1) | Regulation 23(1)(a)
Regulation 23(2)(a)/(b)
Regulation 25(2)
Regulation 21 | |
Article 7(2) | Regulations 27(1) and 21(1)(a) and (3) | |
Article 7(3) | Regulation 21(2)(a) | |
Article 8 (Report and review) | | Transposition not required |
Article 9 (Penalties) | | Regulations rely on public law remedies in relation to breach by the Scottish Ministers. Penalties in relation to specific polluters are set out in applicable sectoral legislation |
Article 10 (Implementation) | Regulations 1(1) and 32 | |
Article 11 (Entry into force) | | Transposition not required |
Annex I (Limit value for Benzene) | Schedule 1 Parts 1, 2 | |
Annex II (Limit value for Carbon monoxide) | Schedule 1 Part 1 | |
Annex III (Determination of requirements) | Schedule 4 Parts 1, 3 | |
Annex IV (Location of sampling points) | Schedule 5 Parts 1, 4, 5 | |
Annex V (Number of sampling points) | Schedule 6 Part 1 | |
Annex VI (Data-quality objectives etc) | | |
Part I | Schedule 8 Part 1 | |
Part II | Schedule 7 Part 1 | |
Part III | Regulation 16(4) | |
Annex VII (Reference methods) | Schedule 9 Part 1 | |
TRANSPOSITION NOTE
Directive 2002/3/EC of the European Parliament and of the Council relating to ozone in ambient air (OJ No L 67, 09.03.02, p.14)
The Scottish Ministers propose to rely on the Air Quality Standards (Scotland) Regulations 2007, a draft of which is subject to public consultation, in respect of the transposition of the above Directive within Scotland. The draft Regulations will replace the Air Quality Limit Values (Scotland) Regulations 2003 (SSI. 2003/428 as amended by SSI. 2003/547 and SSI 2005/300) which form the existing transposition. A transposition table is set out below.
Directive Article | Transposition provision | Comments |
|---|
Article 1 (Objectives) | | Objectives of the Directive are achieved by the Regulations as a whole |
Article 2 (Definitions) | Regulation 2 and other relevant regulations | |
Article 3 (Target values) | | |
Article 3(1) | Regulation 6(1)(c)/(2)(a)
Schedule 1 Part 4 | |
Article 3(2) | Regulation 22(b)(ii) | |
Article 3(3) | Regulation 8(1)(b)/(3)/(5)/(6) | |
Article 3(4):
Contents
Availability to public |
Regulation 8(4)
Schedule 2
Regulation 27
Regulation 21(1)(a)/(3)
| |
Article 4 (Long-term objectives) | | |
Article 4(1) | Regulation 6(1)(c)
Schedule 1 Part 4 | |
Article 4(2) | Regulation 9(3)/(4)
Regulation 22(b)(ii) | |
Article 5 (Requirements where ozone levels meet the long-term objectives) | Regulation 10(1)(c)/(3)
Regulation 22(b) | |
Article 6 (Information to the public):
General |
Regulation 21/Part 4
| |
Article 6(1)(a):
Information requirements
Alert and information thresholds |
Regulation 23(1)(c)/(3)
Regulation 25(4)/(5)
Regulation 11(6)(b)
Schedule 3 Part 2
| |
Article 6(1)(b) | Regulation 26
Regulation 21(1)(a)/(3) | |
Article 6(1)(c) | Regulation 24(1)(a)(ii)/(b)/(3)/(4)/(6)
Schedule 11 Part 2
Regulation 21(3) | |
Article 6(2) | Regulation 24(3)/(4)
Schedule 11 Part 2 | |
Article 6(3) | Regulation 21(2)(a) | |
Article 7 (Short-term action plans) | | |
Article 7(1)-(3) | Regulation 11(1)/(2)(c)/(3)-(5) | |
Article 7(4) | Regulation 27 | |
Article 8 (Transboundary pollution) | | Will be transposed on a UK basis through the Air Quality Standard Regulations 2007 |
Article 9 (Assessment of concentrations):
General |
Regulation 12
| |
Article 9(1):
Mandatory measurement
Fewer than five years' data
Location sampling points
Number sampling points
Nitrogen dioxide
Modelling supplements |
Regulation 13(7)
Regulation 13(8)
Regulation 15(1)(b)
Schedule 5 Parts 3-5
Regulation 15(2)(b)/(4)
Schedule 6 Parts 4-5
Regulation 15(7)
Regulation 15(6)
| |
Article 9(2) | Regulation 15(5)
Schedule 6 Part 5 | |
Article 9(3) | Regulation 18
Schedule 10 | |
Article 9(4) | Regulation 16(3)
Schedule 9 Part 3 | |
Article 10 (Transmission of information) | Regulation 29
Schedule 12 | Limited to the collection and collation of data; otherwise not required |
Article 11 (Review and reporting) | | Transposition not required |
Article 12 (Guidance) | | Transposition not required |
Article 14 (Penalties) | | Regulations rely on public law remedies in relation to breach by the Scottish Ministers. Penalties in relation to specific polluters are set out in applicable sectoral legislation |
Article 15 (Transposition) | Regulations 1(1) and 32 | |
Article 16 (Repeal) | | Transposition not required |
Article 17 (Entry into force) | | Transposition not required |
Article 18 (Addressees) | | Transposition not required |
Annex I (Definitions, target values and long-term objectives) | Schedule 1 Part 4 | |
Annex II (Information and Alert thresholds) | | |
Part I | Schedule 3 Part 2 | |
Part II | Schedule 11 Part 2 | |
Annex III (Information submitted by Member States) | Schedule 12 | |
Annex IV (Criteria for classifying and locating sampling points) | | |
Part I | Schedule 5 Part 3 | |
Part II | Schedule 5 Part 4 | |
Part III | Schedule 5 Part 5 | |
Annex V (Number of sampling points) | Schedule 6 Parts 4, 5 | |
Annex VI (Measurement of ozone precursor substances) | Schedule 10 | |
Annex VII (Data quality objectives etc) | | |
Part I | Schedule 8 Part 3 | |
Part II | Schedule 7 Part 3 | |
Part III | Regulation 16(4) | |
Annex VIII (Reference methods) | Schedule 9 Part 3 | |
TRANSPOSITION NOTE
Directive 2004/107/EC of the European Parliament and of the Council relating to arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons in ambient air (OJ No L 23, 26.01.05, p.3)
The Scottish Ministers propose to rely on the Air Quality Standards (Scotland) Regulations 2007, a draft of which is subject to public consultation, in respect of the transposition of the above Directive within Scotland. These Regulations consolidate the provisions transposing the above Directive with the transposition for the related Directives 96/62/EC, 99/30/EC, 2000/69/EC and 2002/3/EC. A transposition table is set out below.
Directive Article | Transposition provision | Comments |
|---|
Article 1 (Objectives) | | Objectives of the Directive are achieved by the Regulations as a whole |
Article 2 (Definitions) | Regulation 2 and other relevant regulations | |
Article 3 (Target values) | | |
Article 3(1) | Regulation 6(1)(b)
Schedule 1 Part 3
Regulation 7(2) | |
Article 3(2) | Regulation 10(1)(b)/(2)
Regulation 22(b) | |
Article 3(3) | Regulation 9(1)(a)/(2) | |
Article 4 (Assessment of concentrations etc) | | |
Article 4(1) | Regulation 12 | |
Article 4(2):
Mandatory measurement
Modelling supplements |
Regulation 13(1)-(3)
Regulation 14(3)
| |
Article 4(3): | Regulation 13(3)(a) | |
Article 4(4) | Regulation 13(3)(b) | |
Article 4(5) | Regulation 14(2) | |
Article 4(6):
Assessment thresholds
Classification and review |
Regulation 13(5)
Schedule 4 Parts 2, 3
Regulation 13(6)
Regulation 22(d)
| |
Article 4(7):
Location sampling points
Number sampling points |
Regulation 15(1)(b)
Schedule 5 Parts 2, 4, 5
Regulation 15(1)(a)/(2)
Schedule 6 Part 3
| |
Article 4(8) | Regulation 19 | |
Article 4(9) | Regulation 20 | |
Article 4(10) | | Transposition not required |
Article 4(11) | Regulation 15(3) | |
Article 4(12):
Data quality objectives
Air quality models |
Regulations 16(2), 19(6), 20(4)
Schedule 8 Part 2
Regulation 16(1)(a)
Schedule 7 Part 2
| |
Article 4(13) | Regulations16(3), 19(6), 20(4)
Schedule 9 Parts 2, 4 | |
Article 5 (Transmission of information and reporting) | | Transposition not required |
Article 6 (Committee) | | Transposition not required |
Article 7 (Public information):
General |
Regulation 21/Part 4
| |
Article 7(1) | Regulation 23(1)(b)/(d)
Regulation 21 | |
Article 7(2) | Regulation 25(3)
Regulation 21(3) | |
Article 7(3) | Regulation 21(2)(b) | |
Article 8 (Report and review) | | Transposition not required |
Article 9 (Penalties) | | Regulations rely on public law remedies in relation to breach by the Scottish Ministers. Penalties in relation to specific polluters are set out in applicable sectoral legislation |
Article 10 (Implementation) | Regulation 1(1) | |
Article 11 (Entry into force) | | Transposition not required |
Article 13 (Addressees) | | Transposition not required |
Annex I (Target values) | Schedule 1 Part 3 | |
Annex II (Determination of requirements) | Schedule 4 Parts 2, 3 | |
Annex III (Sampling points) | | |
Parts I-III | Schedule 5 Parts 2, 4, 5 | |
Part IV | Schedule 6 Part 3 | |
Annex IV (Data quality objectives etc) | | |
Part I | Schedule 8 Part 2 | |
Parts II-IV | Schedule 7 Part 2 | |
Annex V (Reference methods) | Schedule 9 Parts 2, 4 | |
Footnotes
1. Part II of Annex V substituted by Commission Decision 2001/744/EC amending Annex V to Council Directive 99/30/EC (OJ No L 278, 23.10.01, p.35).