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Guide to the Approximation of European Union Environmental Legislation



Annex 3

Table of Concordance



This annex contains an example of a table of concordance of national with EU legislation which may be used to monitor progress on approximation of an individual directive. This example is more complex than the type of table used in many Member States, because it contains excerpts from the text of the directive as well as the reference and includes a symbolic representation of the level of conformity for each item.

More common is the use of a simple two-column table where only the specific article and sometimes paragraph numbers of the directive are given in the left column, and the corresponding legal reference to the existing proposed legislation is given in the right column, with any comments about conflicting national laws.

The level of compliance with each requirements may be indicated (very generally) according to the following scale:

direct conflict (e.g. a banned substance which is permitted on the EU market)

0 No legislation

–/+National requirements are inconsistent with EU requirement or partially conform

(e.g. a set of drinking water standards which are similar but not identical)

+ Full transposition.


Council Directive 96/62/EC of 27 September 1996 on ambient air quality assessment and management


EU Directive

National Legislation

Compliance*

Article

Obligation

Deadline

Existing

Proposed



Approximate national laws, regulations and procedures

21.5.98




Art. 1

Objectives





Art. 2.1-10

Definitions





Art. 3

Designate competent authorities

21.5.98




Art. 4.1

The Commission shall set limit values and alert thresholds timetable for Annex I pollutants

no later than 31.12.96 for pollutants 1 to 5

in accordance with art. 8 of directive 92/72/EEC for ozone

no later than 31.12.97 for pollutants 9 to 13

not applicable



Art. 4.2

The Commission shall re-examine elements on which limit values and alert threshold are based


not applicable



Art. 4.3

List of criteria and techniques to be established for measurement and other techniques for assessing ambient air quality





Art. 4.4

The Council may set temporary margin of tolerance for limit value


not applicable



Art. 4.5

The Council shall adopt the legislation provided for in art. 4.1 and provisions laid down in art.4.3 and 4


not applicable



Art. 4.6

Inform the Commission when more stringent measures than art 4.5 ones are taken





Art. 4.7

Inform the Commission when limit values or alert thresholds are set for pollutants not referred in Annex I and not covered by Community provisions





Art. 5

Carry out a preliminary assessment of ambient air quality

at the latest when the first daughter directive enters into force (Art. 4.5)




Art. 6.1

Assess ambient air quality based on the limit values and alert thresholds

at the latest when the first daughter directive enters into force (Art. 4.5)




Art. 6.2

List of zones where measurement is mandatory in respect of art. 4.3





Art. 6.3

Permit to use combination of measurements and modelling techniques in specific case





Art. 6.4

Permit the sole use of modelling or objective estimation techniques for assessing levels in specific case





Art. 6.5

Obligations for measurements of pollutants





Art. 7.1

Take general measures to ensure compliance with the limit values

at the latest when the first daughter directive enters into force (Art. 4.5)




Art. 7.2

List of criteria measures taken shall follow





Art. 7.3

Draw up short term action plans

at the latest when the first daughter directive enters into force (Art. 4.5)




Art. 8.1

Draw up list of zones where levels are higher than the limit value plus the margin of tolerance

at the latest when the first daughter directive enters into force (Art. 4.5)




Art. 8.2

Draw up a list of zones where the levels are between the limit value and the limit value plus the level of tolerance

at the latest when the first daughter directive enters into force (Art. 4.5)




Art. 8.3

Prepare a plan or programme zones listed pursuant to Art. 8.1 to attain the limit in accordance with Annex IV

when the first daughter directive enters into force (Art. 4.5)




Art. 8.4

Prepare an integrated plan for zones where more than 1 pollutant is higher than the limit value plus the margin of tolerance

when the first daughter directive enters into force (Art. 4.5)




Art. 8.6

Member States shall consult when the limit value plus tolerance is exceeded or the alert threshold following significant pollution originating in another Member State





Art. 9

Draw up a list of zones where the levels are lower than the limit value

when the first daughter directive enters into force (Art. 4.5)




Art. 10

Taking measures in case alert threshold levels are exceeded

at the latest when the first daughter directive enters into force (Art. 4.5)




Art. 11.1-3

Transmit information and reports to the Commission

when the first daughter directive enters into force (Art. 4.5)




Art. 12.1 and 2

Set up Committee to assist the Commission and draw up procedure


not applicable



Art. 13

Refer to directive in national legislation transposing this directive

Communicate national provisions to the Commission

*as legislation is adopted

*as soon as possible

* Note: The deadlines in italic are not set out explicitly in the directive.



Ann. I

List of atmospheric pollutants to be taken into consideration in the assessment and management of ambient air quality





Ann. II

Factors to be taken into account when setting limit values and alert thresholds





Ann. III

Guidelines for selecting air pollutants for consideration





Ann. IV

Information to be included in the local, regional or national programmes for improvement in the ambient air quality