The Air Quality (Ozone) (Wales) Regulations 2003

Explanatory Note

(This note is not part of the Regulations)

These Regulations implement, in Wales, Directive 2002/3/EC of the European Parliament and of the Council relating to ozone in ambient air.

Regulation 3 sets target values and long-term objectives for ozone concentrations in ambient air (“ozone levels”) for the protection of human health and vegetation.

Regulation 4 places a duty upon the National Assembly for Wales (“the National Assembly”) to ensure that concentrations of ozone and ozone precursor substances in ambient air are assessed in each zone in Wales in accordance with the methods specified in that regulation. The regulation provides that the appropriate method of assessment for each zone is to be determined by reference to the history of ozone levels in that zone during the previous five years. It specifies, by reference to Part I of Schedule 3, the minimum number of sampling points required in zones where continuous fixed measurement is the sole method of assessment, and requires measurements of nitrogen dioxide to be made at no less than half those sampling points. It also provides details of the circumstances in which the number of fixed sampling points required by Part I of Schedule 3 may be reduced, and the manner in which air quality must be assessed in those circumstances. The regulation specifies, by reference to Part II of Schedule 3, the minimum number of sampling points required in zones where measurement methods other than continuous fixed measurement may be used. It also sets out, by reference to Schedule 6, the reference methods for the analysis of ozone and calibration of ozone instruments and it requires the National Assembly to obtain data on the concentrations of the ozone precursor substances listed in Schedule 4.

Regulation 5 requires the National Assembly to draw up a list of zones in Wales in which: ozone levels are higher than the target values; ozone levels are higher than the long-term objectives but equal to or below the target values; and ozone levels meet the long-term objectives. The regulation requires the National Assembly to prepare and implement action plans for each zone in the first category to attain the target value within the specified date, where this is achievable through proportionate measures, and to make such plans available to the public. It also requires the National Assembly to prepare and implement cost-effective measures for zones in the second category, with the aim of achieving the long-term objectives. In addition, the regulation places a duty on the National Assembly to ensure that, in each zone in the third category, ozone levels are kept below the long-term objectives and are preserved through proportionate measures.

Regulation 6 sets the information threshold and alert threshold for ozone, by reference to Part I of Schedule 7.

Regulation 7 places a duty on the National Assembly to ensure that up-to-date information on ozone levels is made available routinely to the public. This information must include an indication of all incidents during which ozone levels exceeded the specified long-term objective and thresholds, together with an evaluation of the effect of those exceedances on human health; comprehensive annual reports; and timely information about actual or predicted exceedances of the alert threshold. The regulation requires all such information to be clear, comprehensible and accessible.

Regulation 8 places a duty on the National Assembly to draw up an action plan for each zone in which there is a risk of the alert threshold being exceeded, if it determines that there is significant potential for reducing that risk or for reducing the duration or severity of any such exceedance. The regulation requires the National Assembly to make available to the public the results of its determinations, the action plans which it draws up, and information on the implementation of those action plans.

Regulation 9 requires the National Assembly to notify the Secretary of State where ozone levels in any zone in Wales exceed a target value or long-term objective, and it appears to the Assembly that this exceedance is due largely to precursor emissions in another Member State of the European Union. It also places a duty on the National Assembly to take such action as is within its powers to give effect to any joint action plan or programme, or joint short-term action plan, drawn up by the Secretary of State and another Member State in compliance with Article 8(1) or (2) of Directive 2002/3/EC.

Regulation 10 requires the National Assembly to ensure that the information specified in Part I of Schedule 8 is obtained and collated. The criteria for aggregating data and calculating statistical parameters specified in Part II of Schedule 8 apply to this information.

Regulation 11 revokes the Ozone Monitoring and Information Regulations 1994, insofar as they apply to Wales.