The Air Quality (Ozone) (Wales) Regulations 2003

Programmes and measures to address ozone levels

5.—(1) The National Assembly must draw up a list of zones in which —

(a) levels of ozone, as assessed in accordance with regulation 4, are higher than the target values;

(b) levels of ozone, as assessed in accordance with regulation 4, are higher than the long-term objectives but equal to or below the target values;

(c) levels of ozone meet the long-term objectives.

(2) The National Assembly must prepare and implement, for each zone listed under paragraph (1)(a), a plan or programme for attaining the target values by the date specified in Part II of Schedule 1.

(3) Paragraph (2) does not apply if the National Assembly considers that attaining the target values would not be achievable through proportionate measures.

(4) In preparing and implementing a plan or programme under paragraph (2), the National Assembly must ensure that the plan or programme is integrated, where appropriate, with any plan or programme prepared for that zone under regulation 10 of the Air Quality Limit Values (Wales) Regulations 2002(1).

(5) A plan or programme prepared under paragraph (2) must include, as a minimum, information equivalent to that listed in Schedule 7 to the Air Quality Limit Values (Wales) Regulations 2002 (as if references in that Schedule to “pollution” were references to levels of ozone which exceed the target level), and must be made available to the public.

(6) The National Assembly must prepare and implement for each zone listed under paragraph (1)(b) measures which it considers to be cost-effective, with the aim of achieving the long-term objectives.

(7) The measures prepared and implemented under paragraph (6) must, as a minimum, be consistent with any plans or programmes prepared and implemented under paragraph (2).

(8) The National Assembly must, for any zone to which paragraph (1)(c) applies —

(a) as far as factors including the transboundary nature of ozone pollution and meteorological conditions permit, ensure that ozone levels are kept below long-term objectives; and

(b) preserve, through proportionate measures, the best ambient air quality which it considers to be compatible with sustainable development and a high level of protection for the environment and human health.

(1)

S.I. 2002/3183 (W.299).