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The Air Quality Standards (Scotland) Regulations 2010

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Date of application for limit values and target values in regulations 17 and 18

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19.—(1) The limit values and target values referred to in regulations 17 and 18 apply—

(a)from the date specified in the relevant Schedule for each limit value or target value concerned; or

(b)when these Regulations come into force, if no such date is specified.

(2) Where, in accordance with Article 22 of Directive 2008/50/EC, the Commission has been notified that conformity with the limit values for nitrogen dioxide set out in Schedule 2 has not been achieved in any zone, the date for compliance with that limit value specified in Section B of Annex XI to that Directive is postponed for such period up to five years as the Scottish Ministers may determine if—

(a)the Scottish Ministers have prepared an air quality plan under regulation 24 for that pollutant in the zone to which the notification relates (together with the information required by Section B of Annex XV to that Directive) and have demonstrated how conformity with the limit values for that pollutant will be achieved in that zone by the postponed date; and

(b)the Commission has raised no objections under Article 22 of that Directive.

(3) Where the notification referred to in paragraph (2) has been made the Scottish Ministers must ensure that the limit values for nitrogen dioxide are not exceeded by more than the maximum margin of tolerance specified in Annex XI of Directive 2008/50/EC for that pollutant.

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