These Regulations are made in implementation of Directive 2000/69/EC of the European Parliament and the Council of 16th November 2000 relating to limit values for benzene and carbon monoxide in ambient air (known as “the Second Daughter Directive”). They also contain clarificatory amendments to the Air Quality Limit Values (Scotland) Regulations 2001 (S.S.I. 2001/224) (“the Principal Regulations”).

Regulation 2 amends the Principal Regulations which implement Council Directive 96/62/EC on ambient air quality assessment and management (known as “the Air Framework Directive”) and Council Directive 1999/30/EC relating to limit values for sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter and lead in ambient air (known as “the First Daughter Directive”).

In particular, paragraphs (2), (5)(b) and (c), (6)(a), (8)(e), (9), (11), (12), (13) and (14) of regulation 2 amend the Principal Regulations by adding benzene and carbon monoxide as “relevant pollutants”; by setting limit values and margins of tolerance for those substances; by determining criteria for location and numbers of sampling points and setting reference methods for the analysis and sampling of benzene and carbon monoxide; and by making consequential amendments.

Paragraph (3) amends the Principal Regulations by adding a new regulation 2A designating the Scottish Ministers as competent authority for the purposes of the Air Framework Directive.

Paragraph (10) of regulation 2 gives effect to the Commission Decision of 17.10.2001 amending Annex V to Council Directive 1999/30/EC relating to the limit values for sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter and lead in ambient air.

Paragraphs (4), (5)(a), (6)(b) and (c), (7) and (8)(a)-(d) of regulation 2 make some clarificatory amendments to the Principal Regulations.