The Air Quality Limit Values Regulations 2003

Explanatory Note

(This note is not part of the Regulations)

These Regulations implement Council Directive 96/62/EC on ambient air quality assessment and management(1), and Council Directive 99/30/EC relating to limit values for sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter and lead (“the relevant pollutants”) in ambient air(2). They also implement European Parliament and Council Directives 2000/69/EC relating to limit values for benzene and carbon monoxide in ambient air(3), and 2002/3/EC relating to ozone in ambient air(4).

Regulation 13, and the remainder of the Regulations so far as they relate to regulation 13, apply to the United Kingdom. Otherwise, the Regulations apply to England.

They replace the Air Quality Limit Values Regulations 2001(5) which previously implemented Council Directives 96/62/EC and 99/30/EC.

Regulation 3 designates the Secretary of State as competent authority for the purposes of Council Directive 96/62/EC.

Regulation 14 extends powers, under section 85(5) of the Environment Act 1995, for the Secretary of State to give directions to local authorities for the implementation of any obligations of the United Kingdom under the Community Treaties. Regulation 14 would allow such directions to be given by the Secretary of State to the Mayor of London and local authorities within Greater London for the purposes of the implementation of the Directives transposed by these Regulations.

Regulation 17 and Schedule 10 revoke for England and at different dates parts of the Air Quality Standards Regulations 1989 giving effect to limit values for the relevant pollutants in earlier Directives: Council Directive 80/779/EEC on air quality limit values and guide values for sulphur dioxide and suspended particulates; Council Directive 82/884/EEC on a limit value for lead in the air; and Council Directive 85/203/EEC on air quality standards for nitrogen dioxide. The Directives are repealed, with transitional provisions lasting up to 2010, by Council Directive 99/30/EC.

The Regulations also give effect to Commission Decision 2001/744/EC amending Annex V to Council Directive 99/30/EC relating to the limit values for sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter and lead in ambient air(6).

A Transposition Note setting out the way in which the main provisions of the above Directives have been implemented in the Regulations is available from the Air and Environmental Quality Division, DEFRA, 4/G15 Ashdown House, 123 Victoria Street, London SW1E 6DE.

(1)

OJ No. L296, 21.11.1996, p. 55.

(2)

OJ No. L163, 29.6.1999, p. 41, amended by Commission Decision 2001/744/EC, OJ No. L278, 23.10.2001, p. 35.

(3)

OJ No. L313, 13.12.2000, p. 12.

(4)

OJ No. L67, 9.3.2002, p. 14.

(5)

S.I. 2001/2315.

(6)

OJ No. L278, 23.10.2001, p. 35.