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Statutory Instruments of the Scottish Parliament


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URL: http://www.bailii.org/scot/legis/num_reg/2003/20030428.html

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SCOTTISH STATUTORY INSTRUMENTS


2003 No. 428

ENVIRONMENTAL PROTECTION

The Air Quality Limit Values (Scotland) Regulations 2003

  Made 10th September 2003 
  Laid before the Scottish Parliament 11th September 2003 
  Coming into force 2nd October 2003 


ARRANGEMENT OF REGULATIONS

1. Citation, commencement and extent
2. Interpretation
3. Designation of competent authority
4. Duty to ensure that ambient air quality is improved
5. Target values and long term objectives for ozone
6. Assessment of ambient air quality
7. Classification of zones
8. Review of classifications
9. Method of assessment of ambient air quality
10. Action plans
11. Action to be taken where limit values are exceeded
12. Programmes and measures to address ozone levels
13. Zones where the levels are lower than the limit value
14. Public information
15. Information requirements
16. Revocations and transitional provisions

SCHEDULES

  Schedule 1 Limit values, margins of tolerance, information and alert thresholds

  Schedule 2 Target values and long term objectives for ozone concentrations in ambient air

  Schedule 3 Upper and lower assessment thresholds and exceedances

  Schedule 4 Location of sampling points for the measurement of relevant pollutants and ozone in ambient air

  Schedule 5 Criteria for determining minimum numbers of sampling points for fixed measurements of concentrations of relevant pollutants and ozone in ambient air

  Schedule 6 Measurements of ozone precursor substances

  Schedule 7 Data-quality objectives and compilation of results of air quality assessment

  Schedule 8 Reference methods for assessment of concentrations of relevant pollutants and ozone

  Schedule 9 Information to be included in the plan or programme for improvement of air quality

  Schedule 10 Information to be obtained and collated on ozone concentrations, and criteria for aggregating data and calculating statistical parameters

The Scottish Ministers, in exercise of the powers conferred by section 2(2) of the European Communities Act 1972[
1] and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation, commencement and extent
     1.  - (1) These Regulations may be cited as the Air Quality Limit Values (Scotland) Regulations 2003 and shall come into force on 2nd October 2003.

    (2) These Regulations extend to Scotland only.

Interpretation
    
2. In these Regulations-

Designation of competent authority
     3. The Scottish Ministers are designated as the competent authority for the purposes of article 3 (implementation and responsibilities) of Council Directive 96/62/EC on ambient air quality assessment and management[2].

Duty to ensure that ambient air quality is improved
     4.  - (1) The Scottish Ministers shall take the measures necessary to ensure that in each zone concentrations of relevant pollutants in ambient air, as assessed in accordance with regulations 6 to 9, do not exceed the limit values set out in Schedule 1 from the dates specified in that Schedule.

    (2) The measures taken shall-

Target values and long-term objectives for ozone
    
5.  - (1) The target values for ozone concentrations in ambient air are set out in Part II of Schedule 2.

    (2) The long-term objectives for ozone concentrations in ambient air are set out in Part III of Schedule 2.

Assessment of ambient air quality
    
6. The Scottish Ministers shall ensure that ambient air quality is assessed in each zone in relation to each of the relevant pollutants, ozone and ozone precursor substances in accordance with regulations 7 to 9.

Classification of zones
    
7.  - (1) The Scottish Ministers shall, in accordance with paragraphs (3), (4) and (7), classify each zone in relation to each of the relevant pollutants according to whether ambient air quality in that zone for that pollutant is required to be assessed by-

    (2) The Scottish Ministers shall, in accordance with paragraphs (5) and (6), classify each zone in relation to ozone according to whether ambient air quality for ozone is required to be assessed by -

    (3) Measurements must be used to assess ambient air quality in relation to a relevant pollutant in a zone if-

    (4) A combination of measurements and modelling techniques may be used to assess ambient air quality in any zone in relation to a relevant pollutant where the levels of that pollutant over a representative period are below the relevant upper assessment thresholds.

    (5) Where during any of the previous five years of measurement, concentrations of ozone in any zone have exceeded a long term objective, fixed continuous measurement must be used to assess ambient air quality in relation to ozone.

    (6) Where fewer than five years' data are available to determine exceedances, a combination of measurement campaigns of short duration and results from emissions inventories and modelling may be used to assess ambient air quality in relation to ozone in a zone.

    (7) Where the levels of a relevant pollutant in any zone over a representative period are below the relevant lower assessment threshold, the sole use of modelling or objective estimation techniques for assessing levels of that pollutant is permissible unless-

    (8) The upper and lower assessment thresholds for the relevant pollutants are set out in Part I of Schedule 3.

    (9) Where a zone is classified in relation to a pollutant under paragraph (1)(a), modelling techniques may be used for supplementing the measurements taken in order to provide an adequate level of information on ambient air quality in relation to a relevant pollutant in that zone.

    (10) The classification of zones required by paragraph (1) shall include any zones which may be classified by the Scottish Ministers as exceeding limit values for-

Review of classifications
    
8.  - (1) The Scottish Ministers shall review the classification of each zone under regulation 7 at least once in every five years in accordance with Part II of Schedule 3.

    (2) The Scottish Ministers shall also review the classification of any zone under regulation 7 in the event of significant changes in activities affecting ambient concentrations in that zone of any of the relevant pollutants.

Method of assessment of ambient air quality
    
9.  - (1) The Scottish Ministers shall ensure that ambient air quality is assessed in each zone by following the appropriate method for each relevant pollutant and for ozone in accordance with its current classification.

    (2) Where a zone is classified under regulation 7(1)(a) or (b) in relation to a relevant pollutant-

    (3) Schedule 4 shall have effect for the purposes of determining the location of sampling points for the relevant pollutants.

    (4) For each zone classified under regulation 7(1)(a) in relation to a relevant pollutant, the Scottish Ministers shall ensure that the minimum number of sampling points for fixed measurements of concentrations determined in accordance with Schedule 5 is used for sampling the concentrations of that pollutant in that zone.

    (5) For each zone classified under regulation 7(1)(b) in relation to a relevant pollutant, the Scottish Ministers shall ensure that the number of sampling points for fixed measurement of that pollutant in that zone, and the spatial resolution of other techniques, shall be sufficient for the concentrations of that pollutant to be established in accordance with Part I of Schedule 4 and Part I of Schedule 7.

    (6) For each zone classified under regulation 7(2)(a) in relation to ozone, the Scottish Ministers shall ensure that the minimum number of fixed sampling points determined in accordance with Part III of Schedule 5 is used for sampling the concentrations of ozone in that zone.

    (7) For zones to which paragraph (6) applies, the Scottish Ministers shall ensure that measurements of nitrogen dioxide are made at a minimum of 50 per cent of the ozone sampling points required by Part III of Schedule 5.

    (8) The measurements of nitrogen dioxide required by paragraph (7) shall be continuous, except at rural background stations, where other measurement methods may be used.

    (9) For zones within which information from sampling points for fixed measurement is supplemented by information from modelling or indicative measurement, the number of fixed sampling points required by Part III of Schedule 5 may be reduced:

Provided that-

    (10) The results of modelling and indicative measurements carried out in zones to which paragraph (9) applies shall be taken into account for the assessment of air quality with respect to target values.

    (11) For zones where five years of measurement have been carried out and, during each of the previous five years of measurement, concentrations are below the long-term objectives, the number of continuous measurement stations shall be determined in accordance with Part IV of Schedule 5.

    (12) Part II of Schedule 4 shall have effect for determining the classification and location of sampling points for the measurement of ozone.

    (13) Reference methods for-

set out in Schedule 8 must be used unless other methods are used which the Scottish Ministers consider can be demonstrated to give equivalent results.

    (14) The Scottish Ministers shall ensure that-

    (15) For ozone precursor substances, the Scottish Ministers shall ensure that-

    (16) For zones which are classified under regulation 7(1)(b) or (c), the Scottish Ministers shall ensure that the information set out in Part II of Schedule 7 is compiled.

    (17) For sulphur dioxide, nitrogen dioxide, oxides of nitrogen, benzene, carbon MONOXIDE and ozone measurements of volume must be standardised at a temperature of 293K and a pressure of 101,3 kPa.

Action plans
    
10.  - (1) The Scottish Ministers shall draw up action plans indicating the measures to be taken in the short term where there is any risk of the limit values for any of the relevant pollutants, or the alert thresholds for sulphur dioxide or nitrogen dioxide, being exceeded, in order to reduce that risk and to limit the duration of such an occurrence.

    (2) The alert threshold for sulphur dioxide is set out in paragraph 1.2 of Part I of Schedule 1 and the alert threshold for nitrogen dioxide is set out in paragraph 2.2 of Part II of Schedule 1.

    (3) The information threshold and alert threshold for ozone are set out in paragraph 1 of Part VII of Schedule 1.

    (4) The Scottish Ministers shall draw up action plans indicating the measures to be taken in the short term where there is any risk of the alert threshold for ozone being exceeded if there is in their opinion significant potential to-

    (5) In making the assessment required by paragraph (4), the Scottish Ministers shall take account of national geographical, meteorological and economic conditions.

    (6) The Scottish Ministers shall, in relation to plans drawn up under paragraph (4) and in accordance with regulation 14(11), make available to the public-

Action to be taken where limit values are exceeded
    
11.  - (1) The Scottish Ministers shall draw up a list of zones in which the levels of one or more of the relevant pollutants are higher than-

    (2) The Scottish Ministers shall draw up a list of zones in which the levels of one or more of the relevant pollutants are between the limit value and the limit value plus any margin of tolerance.

    (3) Subject to paragraphs (6), (8) and (9), the Scottish Ministers shall draw up for each zone listed under paragraph (1) a plan or programme for attaining the limit values for the pollutants in question within the time limits specified in Schedule 1 and shall secure the implementation of the plan or programme.

    (4) The plan or programme shall at least include the information listed in Schedule 9.

    (5) Where in any zone the level of more that one pollutant is higher than the limit values, an integrated plan covering all the pollutants in question shall be prepared.

    (6) For any zone to which regulation 7(10)(a) applies, the Scottish Ministers may determine that plans or programmes shall only be required under this regulation where the limit values are exceeded owing to man-made emissions.

    (7) Plans or programmes for PM10 which are prepared in accordance with this regulation shall also have the aim of reducing concentrations of PM2.5.

    (8) For any zone to which regulation 7(10)(b)(i) applies, the Scottish Ministers may determine that plans or programmes shall only be required where the limit values are exceeded owing to causes other than natural events.

    (9) For zones to which regulation 7(10)(b)(ii) applies, the Scottish Ministers may determine that the plans or programmes shall only be required where the limit values are exceeded owing to PM10 levels other than those caused by the resuspension of particulates following the winter sanding of roads.

Programmes and measures to address ozone levels
    
12.  - (1) The Scottish Ministers shall draw up three lists of zones, namely zones in which-

    (2) The Scottish Ministers shall draw up and secure the implementation of, for each zone listed under paragraph (1)(a), a plan or programme for attaining the target values from the date specified in Part II of Schedule 2.

    (3) The obligation in paragraph (2) will not apply if the Scottish Ministers consider that attaining the target values would not be achievable through proportionate measures.

    (4) The Scottish Ministers shall, in drawing up and implementing plans or programmes under paragraph (2) ensure that, where appropriate, these are integrated with plans or programmes drawn up under regulation 10.

    (5) Plans or programmes drawn up under paragraph (2) shall contain at least the information specified in Schedule 9, and shall, in accordance with regulation 14(11), be made available to the public.

    (6) The Scottish Ministers shall for each zone listed under paragraph (1)(b) secure the implementation of measures which they consider to be cost-effective with the aim of achieving the long-term objectives.

    (7) The Scottish Ministers shall ensure that the measures described in paragraph (6) are, at least, consistent with the plans or programmes drawn up under paragraph (2).

    (8) The Scottish Ministers shall ensure, for zones to which paragraph (1)(c) applies, that-

Zones where the levels are lower than the limit value
    
13.  - (1) The Scottish Ministers shall draw up a list of zones in which the levels of the relevant pollutants are below the limit values.

    (2) The Scottish Ministers shall ensure that the levels of the relevant pollutants in these zones are maintained below the limit values and shall endeavour to preserve the best ambient air quality compatible with sustainable development.

Public information
    
14.  - (1) The Scottish Ministers shall ensure that up-to-date information on ambient concentrations of each of the relevant pollutants and of ozone is routinely made available to the public in accordance with this regulation.

    (2) Information on ambient concentrations of sulphur dioxide, nitrogen dioxide and particulate matter shall be updated-

    (3) Information on ambient concentrations of lead shall be updated on a three-monthly basis.

    (4) Information on ambient concentrations of benzene, as an average value over the last 12 months, shall be updated-

    (5) Information on ambient concentrations of carbon MONOXIDE, as a maximum running average over eight hours, shall be updated-

    (6) The information on concentrations of ozone shall be updated-

    (7) Information made available with respect to each of the relevant pollutants shall include-

    (8) Information with respect to ozone made available shall include-

    (9) The annual reports referred to in paragraph (8)(c) shall, at least, contain-

    (10) The information referred to in paragraph (9)(b) may include, where appropriate-

    (11) Information and reports required to be made available by this regulation shall be published by appropriate means including, as appropriate, broadcast media, press, publications, information screens, the internet or other computer network services.

    (12) The Scottish Ministers shall ensure that where information is provided to the public under paragraphs (7) and (13)-

    (13) When an alert threshold for sulphur dioxide or nitrogen dioxide is exceeded, the Scottish Ministers shall ensure that the necessary steps are taken to inform the public, and the information made available shall as a minimum include the information specified in paragraphs 1.3 of Part I and 2.3 of Part II, as applicable, of Schedule 1.

    (14) Information to be made available to the public under this regulation shall include the map mentioned in the definition of "zone" in regulation 2 and action plans, plans and programmes prepared under regulations 10 and 11 respectively.

    (15) For the purposes of this regulation, the public includes, but is not limited to, health care bodies and organisations having an interest in ambient air quality and representing the interests of sensitive populations, consumers and the environment.

    (16) Information made available under this regulation shall be clear, comprehensible and accessible.

Information requirements
    
15.  - (1) The Scottish Ministers shall ensure that the information specified in Part I of Schedule 10 is obtained and collated.

    (2) The criteria for aggregating data and calculating statistical parameters specified in Part II of Schedule 10 shall apply.

Revocations and transitional provisions
    
16.  - (1) The Ozone Monitoring and Information Regulations 1994[3], the Air Quality Limit Values (Scotland) Regulations 2001[4] and the Air Quality Limit Values (Scotland) Amendment Regulations 2002[5] are hereby revoked.

    (2) The Air Quality Standards Regulations 1989[6], insofar as they apply to Scotland, are revoked to the extent specified in paragraphs (3) and (4).

    (3) Regulation 2(1) (limit values for sulphur dioxide and suspended particulates) and regulation 4(1) (limit value for lead in air) shall be revoked with effect from 1st January 2005.

    (4) Regulation 6 (limit value for nitrogen dioxide in the atmosphere) shall be revoked with effect from 1st January 2010.

    (5) Until 1st January 2005, if the methods prescribed by these Regulations for the assessment of suspended particulate matter are used for the purpose of demonstrating compliance with Annex IV of Council Directive 80/779/EEC of 15th July 1980 on air quality limit values and guide values for suspended particulates[7], the data so collected shall be multiplied by a factor of 1.2.


ALLAN WILSON
Authorised to sign on behalf of the Scottish Ministers

St Andrew's House, Edinburgh
10th September 2003



SCHEDULE 1
Regulations 2, 4(1), 10(2), (3), 11(1),(3), 14(12), (13)


LIMIT VALUES, MARGINS OF TOLERANCE, INFORMATION AND ALERT THRESHOLDS




PART I

SULPHUR DIOXIDE

     1.1 Limit values for sulphur dioxide


     Averaging period Limit value Margin of tolerance (a) Date by which limit value is to be met
     1. Hourly limit value for the protection of human health

1 hour 350 µg/m3, not to be exceeded more than 24 times a calendar year 60 µg/m3, reducing to 30µg/m3 on 1st January 2004 and to 0 µg/m3 on 1st January 2005 1st January 2005
     2. Daily limit value for the protection of human health

24 hours 125 µg/m3, not to be exceeded more than 3 times a calendar year None 1st January 2005

     1.2 Alert threshold for sulphur dioxide
500 µg/m3 measured over three consecutive hours at locations representative of air quality over at least 100 km2 or an entire zone, whichever is the smaller.

     1.3 Minimum details to be made available to the public when the alert threshold for sulphur dioxide is exceeded
Details to be made available to the public should include at least-



PART II

NITROGEN DIOXIDE (NO2) AND OXIDES OF NITROGEN (NOx)

     2.1 Limit values for nitrogen dioxide and oxides of nitrogen


     Averaging period Limit value Margin of tolerance Date by which limit value is to be met
     1. Hourly limit value for the protection of human health

1 hour 200 µg/m3 NO2, not to be exceeded more than 18 times a calendar year 70 µg/m3, reducing on 1st January 2004 and on 1st January of each following year by equal annual amounts to reach 0 µg/m3 by 1st January 2010 1st January 2010
     2. Annual limit value for the protection of human health

Calendar year 40 µg/m3 NO2 14 µg/m3, reducing on 1st January 2004 and on 1st January of each following year by equal annual amounts to reach 0 µg/m3 by 1st January 2010 1st January 2010

     2.2 Alert threshold for nitrogen dioxide
400 µg/m3 measured over three consecutive hours at locations representative of air quality over at least 100 km2 or an entire zone or agglomeration, whichever is the smaller.

     2.3 Minimum details to be made available to the public when the alert threshold for nitrogen dioxide is exceeded
Details to be made available to the public should include at least-



PART III

PARTICULATE MATTER (PM10)

     Averaging period Limit value Margin of tolerance Date by which limit value is to be met
     1. 24-hour limit value for the protection of human health

24 hours 50 µg/m3 PM10, not to be exceeded more than 35 times a calendar year 10 µg/m3 , reducing on 1st January 2004 to 5 µg/m3 and on 1st January 2005 to 0 µg/m3. 1st January 2005
     2. Annual limit value for the protection of human health

Calendar year 40 µ g/m3 PM10 3.2 µg/m3, reducing on 1st January 2004 to 1.6µg/m3 and on 1st January 2005 to 0 µg/m3 1st January 2005



PART IV

LEAD

     Averaging period Limit value Margin of tolerance Date by which limit value is to be met
Annual limit value for the protection of human health Calendar year 0.5 µg/m3 0.2 µg/m3, reducing on 1st January 2004 to 0.1µg/m3 and on 1st January 2005 to 0 µg/m3 1st January 2005



PART V

BENZENE

     Averaging period Limit value Margin of tolerance Date by which limit value is to be met
Limit value for the protection of human health Calendar year 5µg/m3 5µg/m3 reducing on 1st January 2006 and every 12 months thereafter by 1 µg/m3 to reach 0 µg/m3 by 1st January 2010 1st January 2010



PART VI

CARBON MONOXIDE

     6.1

     Averaging period Limit value Margin of tolerance Date by which limit value is to be met
Limit value for the protection of human health Maximum daily 8-hour mean 10mg/m3 4 mg/m3 reducing on 1st January 2004 to 2 mg/m3, and to 0 mg/m3 on 1st January 2005 1st January 2005

     6.2 The maximum daily 8-hour mean concentration shall be selected by examining 8-hour running averages, calculated from hourly data and updated each hour. Each 8-hour average so calculated shall be assigned to the day on which it ends, i.e. the first calculation period for any one day shall be the period from 17:00 on the previous day to 0100 on that day; the last calculation period for any one day shall be the period from 1600 to 2400 on that day.



PART VII

OZONE

     7.1. Information and alert thresholds for ozone


     Parameter Threshold
Information threshold 1 hour average 180µg/m3
Alert threshold 1 hour average(a) 240µg/m3

(a) The exceedance of the threshold is to be measured or predicted for three consecutive hours.

     7.2. Minimum details to be supplied to the public when the information or alert threshold is exceeded or exceedance is predicted
Details to be supplied to the public on a sufficiently large scale as soon as possible should include the following.

     1. Information on any observed exceedance-

     2. Forecast for the following afternoon, day or days-

     3. Information on the type of population concerned, possible health effects and recommended conduct-

     4. Information provided under this Schedule shall also include-



SCHEDULE 2
Regulations 5, 12(2)


TARGET VALUES AND LONG-TERM OBJECTIVES FOR OZONE CONCENTRATIONS IN AMBIENT AIR




PART I

DEFINITIONS AND INTERPRETATION

     1.1 In this Schedule-



PART II

TARGET VALUES FOR OZONE

     Parameter Target value for 2010(a)
     1. Target value for the protection of human health

Maximum daily 8-hour mean(b) 120 µg/m3 not to be exceeded on more than 25 days per calendar year averaged over three years(c)
     2. Target value for the protection of human health

AOT 40, calculated from 1H values from May to July 18,000 µg/m3.h averaged over five years(c)

(a) Compliance with target values will be assessed as of this value. That is, 2010 will be the first year the data for which is used in calculating compliance over three or five years, as appropriate.

(b) The maximum daily 8-hour mean concentration shall be selected by examining 8 hour running averages, calculated from hourly data and updated each hour. Each 8 hour average so calculated shall be assigned to the day on which it ends, that is, the first calculation period for any one day shall be the period from 1700 on the previous day to 0100 on that day; the last calculation period for any one day will be the period from 1600 to 2400 on the day.

(c) If the three or five year averages cannot be determined on the basis of a full and consecutive set of annual data, the minimum annual data required for checking compliance with the target values shall be as follows:-



PART III

LONG-TERM OBJECTIVES FOR OZONE

     Parameter Long-term objective
     1. Long-term objective for the protection of human health

Maximum daily 8-hour mean within a calendar year 120 µg/m3
     2. Long-term objective for the protection of vegetation

AOT40, calculated from 1 h values from May to July 6,000 µg/m3.h



SCHEDULE 3
Regulations 7(8), 8(1)


UPPER AND LOWER ASSESSMENT THRESHOLDS AND EXCEEDANCES




PART I

UPPER AND LOWER ASSESSMENT THRESHOLDS

     1.1 The following upper and lower assessment thresholds will apply:-



PART II

DETERMINATION OF EXCEEDANCES OF UPPER AND LOWER ASSESSMENT THRESHOLDS

     2.1 Exceedances of upper and lower assessment thresholds must be determined on the basis of concentrations during the previous five years where sufficient data are available. An assessment threshold will be deemed to have been exceeded if it has been exceeded during at least three separate years out of the previous five years.

     2.2 Where fewer than five years' data are available, measurement campaigns of short duration during the period of the year and at locations likely to be typical of the highest pollution levels may be combined with results obtained from emission inventories and modelling to determine exceedances of the upper and lower assessment thresholds.



SCHEDULE 4
Regulations 2, 9(3), (5), (12)


LOCATION OF SAMPLING POINTS FOR THE MEASUREMENT OF RELEVANT POLLUTANTS AND OZONE IN AMBIENT AIR


The following considerations will apply to fixed measurement.



PART I

MACROSCALE SITING

     1.1 Protection of human health
Sampling points directed at the protection of human health should be sited-

     1.2 Protection of ecosystems and vegetation
Sampling points targeted at the protection of ecosystems or vegetation should be sited more than 20 km from agglomerations or more than 5 km from other built-up areas, industrial installations or motorways. As a guideline, a sampling point should be sited to be representative of air quality in a surrounding area of at least 1000 km2. A sampling point may be sited at a lesser distance or to be representative of air quality in a less extended area, taking account of geographical conditions.

     1.3 Account should be taken of the need to assess air quality on islands.




PART II

MACROSCALE SITING: OZONE

Type of station Objective of measurement Representativeness (a) Macroscale siting criteria
Urban Protection of human health:

To assess the exposure of the urban population to ozone, i.e. where the population density and ozone concentration are relatively high and representative of the exposure of the general population.

A few km2 Away from the influence of local emissions such as traffic, petrol stations etc.;

Vented locations where well mixed levels can be measured;

Locations such as residential and commercial areas of cities, parks (away from the trees), big streets or squares with very little or no traffic, open areas characteristic of educations, sports or recreation facilities.

Suburban Protection of human health and vegetation:

To assess the exposure of the population and vegetation located in the outskirts of the agglomeration, where the highest ozone levels, to which the population and vegetation is likely to be directly or indirectly exposed, occur.

Some tens of km2 At a certain distance from the area of maximum emissions, downwind following the main wind directions/s during conditions favourable to ozone formation;

Where population, sensitive crops or natural ecosystems located in the outer fringe of an agglomeration are exposed to high ozone levels;

Where appropriate, some suburban stations also upwind of the area of maximum emissions, on order to determine the regional background levels of ozone.

Rural Protection of human health and vegetation:

To assess the exposure of population, crops and natural ecosystems to sub-regional scale ozone concentrations

Sub-regional levels (a few km2) Stations can be located in small settlements and/or areas with natural ecosystems, forests or crops;

Representative for ozone away from the influence of immediate local emissions such as industrial installations and roads;

At open area sites, but not on higher mountain-tops.

Rural background Protection of vegetation and human health:

To assess the exposure of crops and natural ecosystems to regional-scale ozone concentrations as well as exposure of the populations

Regional/national/continental levels

(1,000 to 10,000 km2)

Station located in areas with lower population density, e.g. with natural ecosystems, forests, far removed from urban and industrial areas and away from local emissions;

Avoid locations which are subject to locally enhanced formation of near-ground inversion conditions, also summits of higher mountains;

Coastal sites with pronounced diurnal wind cycles of local character are not recommended.


(a) Sampling points should also, where possible, be representative of similar locations not in their immediate vicinity.

For rural and background stations, consideration should be given, where appropriate, to co-ordination with the monitoring requirements of Commission Regulation 1091/94[
8] concerning protection of the Community's forests against atmospheric pollution.



PART III

MICROSCALE SITING

     3.1 The following guidelines should be met as far as practicable:-

     3.2 The following factors may also be taken into account:-



PART IV

DOCUMENTATION AND REVIEW OF SITE SELECTION

     4.1 The site-selection procedures should be fully documented at the classification stage by such means as compass-point photographs of the surrounding area and a detailed map. Sites should be reviewed at regular intervals with repeated documentation to ensure that selection criteria remain valid over time.

     4.2 For ozone, this requires screening and monitoring of the monitoring data in the context of the meteorological and photochemical processes affecting the ozone concentrations measured at the respective site.



SCHEDULE 5
Regulation 9(4), (6), (7), (9), (11)


CRITERIA FOR DETERMINING MINIMUM NUMBERS OF SAMPLING POINTS FOR FIXED MEASUREMENTS OF CONCENTRATIONS OF RELEVANT POLLUTANTS AND OZONE IN AMBIENT AIR




PART I

RELEVANT POLLUTANTS: MINIMUM NUMBER OF SAMPLING POINTS FOR FIXED MEASUREMENT TO ASSESS COMPLIANCE WITH LIMIT VALUES FOR THE PROTECTION OF HUMAN HEALTH AND ALERT THRESHOLDS IN ZONES WHERE FIXED MEASUREMENT IS THE SOLE SOURCE OF INFORMATION

     1.1 Diffuse sources


Population of zone (thousands) If concentrations exceed the upper assessment threshold If maximum concentrations are between the upper and lower assessment thresholds For SO2 and NO2 in agglomerations where maximum concentrations are below the lower assessment thresholds
0 -250 1 1 not applicable
250 -499 2 1 1
500 -749 2 1 1
750 -999 3 1 1
1,000 -1,499 4 2 1
1,500 -1,999 5 2 1
2,000 -2,749 6 3 2
2,750 -3,749 7 3 2
3,750 -4,749 8 4 2
4,750 -5,999 9 4 2
>6,000 10 5 3
     For NO2 and particulate matter: to include at least one urban-background station and one traffic-orientated station - this requirement shall also apply to benzene and carbon MONOXIDE provided that it does not increase the number of sampling points.          

     1.2 Point sources
For the assessment of pollution in the vicinity of point sources, the number of sampling points for fixed measurement should be calculated taking into account emission densities, the likely distribution patterns of ambient-air pollution and the potential exposure of the population.



PART II

RELEVANT POLLUTANTS: MINIMUM NUMBER OF SAMPLING POINTS FOR FIXED MEASUREMENTS TO ASSESS COMPLIANCE WITH LIMIT VALUES FOR THE PROTECTION OF ECOSYSTEMS OR VEGETATION IN ZONES OTHER THAN AGGLOMERATIONS



If maximum concentrations exceed the upper assessment threshold If maximum concentrations are between the upper and lower assessment thresholds
1 station every 20,000 km2 1 station every 40,000 km2

In island zones the number of sampling points for fixed measurement should be calculated taking into account the likely distribution patterns of ambient-air pollution and the potential exposure of ecosystems or vegetation.



PART III

OZONE: MINIMUM NUMBER: OF SAMPLING POINTS FOR FIXED CONTINUOUS MEASUREMENT TO ASSESS AIR QUALITY IN VIEW OF COMPLIANCE WITH THE TARGET VALUES, LONG-TERM OBJECTIVES AND INFORMATION AND ALERT THRESHOLDS WHERE CONTINUOUS MEASUREMENT IS THE SOLE SOURCE OF INFORMATION

Population (× 1,000) Agglomerations (urban and suburban) (a) Other zones (suburban and rural (b) Rural background
0-250      1 1 station/50,000 km2 as an average density over all zones
251-500 1 2 "
501-1,000 2 2 "
1,001-1,500 3 3 "
1,501-2,000 3 4 "
2,001-2,750 4 5 "
2,751-3,750 5 6 "
> 3,750 1 additional station per 2 million inhabitants 1 additional station per 2 million inhabitants     

(a) At least 1 station in suburban areas, where the highest exposure of the population is likely to occur. In agglomerations at least 50% of the stations should be located in suburban areas.

(b) One station per 25,000 km2 for complex terrain is recommended.



PART IV

OZONE: MINIMUM NUMBER OF SAMPLING POINTS FOR FIXED MEASUREMENTS FOR ZONES ATTAINING THE LONG-TERM OBJECTIVES

     4.1 The number of sampling points for ozone must, in combination with other means of supplementary assessment such as air quality modelling and co-located nitrogen dioxide measurements, be sufficient to examine the trend of ozone pollution and check compliance with the long-term objectives. The number of stations located in agglomerations and other zones may be reduced to one-third of the number specified in Part III. Where information from fixed measurement stations is the sole source of information, at least one monitoring station should be kept. If, in zones where there is supplementary assessment, the result of this is that a zone has no remaining station, co-ordination with the number of stations in neighbouring zones must ensure adequate assessment of ozone concentrations against long-term objectives. The number of rural background stations should be 1 per 100,000 km2.



SCHEDULE 6
Regulations 2, 9(15)


MEASUREMENTS OF OZONE PRECURSOR SUBSTANCES


     1.1 Objectives
The main objectives of measurements of ozone precursor substances are to analyse any trend in ozone precursors, to check the efficiency of emission reduction strategies, to check the consistency of emission inventories and to help attribute emission sources to pollution concentration.

An additional aim is to support the understanding of ozone formation and precursor dispersion processes, as well as the application of photochemical models.

     1.2 Substances
Measurements of ozone precursor substances must include at least nitrogen oxides, and appropriate volatile organic compounds (VOC). A list of volatile organic compounds recommended for measurement is given below.

Ethane 1-Butene Isoprene Ethyl benzene
Ethylene trans-2-Butene n-Hexane M+p-Xylene
Acetylene cis-2-Butene i-Hexane o-Xylene
Propane 1.3-Butadiene n-Heptane 1,2,4-Trimeth. Benzene
Propene n-Pentane n-Octane 1,2,3-Trimeth. Benzene
n-Butane i-Pentane i-Octane 1,3,5-Trimeth. Benzene
i-Butane 1-Pentene Benzene Formaldehyde
     2-Pentene Toluene Total non-methane hydrocarbons

     1.3 Reference methods
The reference method for the analysis of oxides of nitrogen shall be ISO 7996:1985, Ambient air - determination of the mass concentrations of nitrogen oxides - chemiluminescence method

     1.4 Siting
Measurements should be taken in particular in urban and suburban areas at any monitoring site set up in accordance with the requirements of these Regulations and considered appropriate with regard to the monitoring objectives in this Schedule.



SCHEDULE 7
Regulation 9(5), (9), (16)


DATA-QUALITY OBJECTIVES AND COMPILATION OF RESULTS OF AIR-QUALITY ASSESSMENT




PART I

RELEVANT POLLUTANTS : DATA-QUALITY OBJECTIVES

     1.1 The following data-quality objectives for the required accuracy of assessment methods, of minimum time coverage and of data capture of measurement are laid down to guide quality-assurance programmes.

     Sulphur dioxide, nitrogen dioxide and oxides of nitrogen Particulate matter and lead
Continuous measurement          
Accuracy 15% 25%
Minimum data capture 90% 90%
Indicative measurement          
Accuracy 25% 50%
Minimum data capture 90% 90%
Minimum time coverage 14% (One measurement a week at random, evenly distributed over the year, or eight weeks evenly distributed over the year.) 14% (One measurement a week at random, evenly distributed over the year, or eight weeks evenly distributed over the year.)
Modelling          
Accuracy          
Hourly averages 50%-60%     
Daily averages 50%     
Annual averages 30% 50%
Objective estimation          
Accuracy: 75% 100%

     1.2 The accuracy of the measurement is defined as laid down in the "Guide to the Expression of Uncertainty of Measurements" (ISO 1993)[
9] or in ISO 5725-1 "Accuracy (trueness and precision) of measurement methods and results" (ISO 1994(a). The percentages in the table are given for individual measurements averaged, over the period considered, by the limit value, for a 95% confidence interval (bias + two times the standard deviation). The accuracy for continuous measurements should be interpreted as being applicable in the region of the appropriate limit value.

     1.3 The accuracy for modelling and objective estimation is defined as the maximum deviation of the measured and calculated concentration levels, over the period considered by the limit value, without taking account the timing of the events.

     1.4 The requirements for minimum data capture and time coverage do not include losses of data due to the regular calibration or the normal maintenance of the instrumentation.

     1.5 The Scottish Ministers may allow for random measurements to be made instead of continuous measurements for particulate matter and lead by methods for which accuracy within the 95% confidence interval with respect to continuous monitoring has been demonstrated to be within 10%. Random sampling must be spread evenly over the year.

     1.6 The following data quality objectives, for allowed uncertainty of assessment methods, of minimum time coverage and of data capture of measurement are provided to guide quality assurance programmes.

     Benzene Carbon monoxide
Fixed measurements          
Uncertainty 25% 15%
Minimum data capture 90% 90%
Minimum time coverage 35% urban background and traffic sites (distributed over the year to be representative of various conditions for climate and traffic)     
     90% industrial sites     
Indicative measurements          
Uncertainty 30% 25%
Minimum data capture 90% 90%
Minimum time coverage 14% (one day's measurement a week at random, evenly distributed over the year, or 8 weeks evenly distributed over the year) 14% (one measurement a week at random, evenly distributed over the year, or 8 weeks evenly distributed over the year)
Modelling          
Uncertainty - 50%
Eight-hour averages Annual averages 50% -
Objective estimation          
Uncertainty 100% 75%

     1.7 The uncertainty (on a 95% confidence interval) of the assessment methods shall be evaluated in accordance with the "Guide to the Expression of Uncertainty of Measurements" (ISO 1993) or the methodology of ISO 5725:1994. The percentages for uncertainty in the above table are given for individual measurements averaged over the period considered by the limit value, for a 95% confidence interval. The uncertainty for the fixed measurements should be interpreted as being applicable in the region of the appropriate limit value.

     1.8 The uncertainty for modelling and objective estimation is defined as the maximum deviation of the measured and calculated concentration levels, over the period considered by the limit value, without taking into account the timing of the events.

     1.9 The requirements for minimum data capture and time coverage do not include losses of data due to the regular calibration or the normal maintenance of the instrumentation.

     1.10 The Scottish Ministers may allow for random measurements to be made instead of continuous measurements for benzene if the uncertainty, including the uncertainty due to random sampling, meets the quality objective of 25%. Random sampling must be spread evenly over the year.



PART II

RELEVANT POLLUTANTS: RESULTS OF AIR QUALITY ASSESSMENT

     2.1 The following information should be compiled for zones within which sources other than measurement are employed to supplement information from measurement or as the sole means of air quality assessment:-

     2.2 Where possible maps shall be compiled showing concentration distributions within each zone.



PART III

OZONE AND OZONE PRECURSOR SUBSTANCES: DATA QUALITY OBJECTIVES

     3.1 The following data quality objectives, for allowed uncertainty of assessment methods, and of minimum time coverage and of data capture of measurement, are provided to guide quality-assurance programmes.

     For ozone, NO and NO2
Continuous fixed measurement     
Uncertainty of individual measurements 15%
Minimum data capture 90% during summer
     75% during winter
Indicative measurement     
Uncertainty of individual measurements 30%
Minimum data capture 90%
Minimum data coverage >10% during winter
Modelling     
Uncertainty 50%
1 hour averages (daytime) 50%
8 hours daily maximum     
Objective estimation     
Uncertainty 75%

     3.2 The uncertainty (on a 95% confidence interval) of the measurement methods shall be evaluated in accordance with the principles laid down in the "Guide to the Expression of Uncertainty of Measurements" (ISO 1993) of the methodology in ISO 5725-1 "Accuracy (trueness and precision) of measurement methods and results" (ISO 1994) or equivalent. The percentages for uncertainty in the table are given for individual measurements, averaged over the period for calculating target values and long-term objectives, for a 95% confidence interval. The uncertainty for continuous fixed measurements should be interpreted as being applicable in the region of the concentration used for the appropriate threshold.

     3.3 The uncertainty for modelling and objective estimation means the maximum deviation of the measured and calculated concentration levels, over the period for calculating the appropriate threshold, without taking into account the timing of events.

     3.4 "Time coverage" means the percentage of time considered for settling the threshold value during which the pollutant is measured.

     3.5 "Data capture" means the ratio of the time for which the instrument produces valid data, to the time for which the statistical parameter or aggregated value is to be calculated.

     3.6 The requirements for minimum data capture and time coverage do not include losses of data due to the regular calibration or normal maintenance of the instrumentation.



PART IV

OZONE AND OZONE PRECURSOR SUBSTANCES: RESULTS OF AIR QUALITY ASSESSMENT

     4.1 The following information should be compiled for zones within which sources other than measurements are employed to supplement information from measurement:-

     4.2 The Scottish Ministers shall ensure that maps are compiled showing concentration distributions within each zone.



SCHEDULE 8
Regulation 9(13)


REFERENCE METHODS FOR ASSESSMENT OF CONCENTRATIONS OF RELEVANT POLLUTANTS AND OZONE




PART I

REFERENCE METHOD FOR THE ANALYSIS OF SULPHUR DIOXIDE

ISO/FDIS 10498 (Standard in draft) Ambient air - determination of sulphur dioxide - ultraviolet fluorescence method.



PART II

REFERENCE METHOD FOR THE ANALYSIS OF NITROGEN DIOXIDE AND OXIDES OF NITROGEN

ISO 7996: 1985 Ambient air - determination of the mass concentrations of nitrogen oxides - chemiluminescence method.



PART IIIA

REFERENCE METHOD FOR THE SAMPLING OF LEAD

The reference method for the sampling of lead will be that described in the Annex to Directive 82/884/EEC[
10] until such time as the limit value in Schedule 1 to these Regulations is to be met, when the reference method will be that for PM10 specified in Part IV of this Schedule.



PART IIIB

REFERENCE METHOD FOR THE ANALYSIS OF LEAD

ISO 9855: 1993 Ambient air - Determination of the particulate lead content of aerosols collected in filters. Atomic absorption spectroscopy method[
11].



PART IV

REFERENCE METHOD FOR THE SAMPLING AND MEASUREMENT OF PM10

The reference method for the sampling and measurement of PM10 will be that described in EN 12341 "Air Quality - Field Test Procedure to Demonstrate Reference Equivalence of Sampling Methods for the PM10 fraction of particulate matter"[
12]. The measurement principle is based on the collection on a filter of the PM10 fraction of ambient particulate matter and the gravimetric mass determination.



PART V

REFERENCE METHOD FOR THE SAMPLING AND ANALYSIS OF BENZENE

The reference method for the measurement of benzene will be a pumped sampling method on a sorbent cartridge followed by gas chromatographic determination.



PART VI

REFERENCE METHOD FOR THE ANALYSIS OF CARBON MONOXIDE

The reference method for the measurement of carbon MONOXIDE will be a non-dispersive infra-red spectrometric (NDIR) method.



PART VII

REFERENCE METHODS FOR THE ANALYSIS OF OZONE AND CALIBRATION OF OZONE INSTRUMENTS

The reference method for analysis of ozone shall be the UV photometric method (ISO FDIS 13964 or equivalent).

The reference method for calibration of ozone instruments shall be the Reference UV photometer method (ISO FDIS 13964, VDI 2468, B1.6 or equivalent).



SCHEDULE 9
Regulations 11(4), 12(5)


INFORMATION TO BE INCLUDED IN THE PLAN OR PROGRAMME FOR IMPROVEMENT OF AIR QUALITY


     1.1 Localisation of excess pollution


     1.2 General information


     1.3 Responsible authorities
Names and addresses of persons responsible for the development and implementation of improvement plans.

     1.4 Nature and assessment of pollution


     1.5 Origin of pollution


     1.6 Analysis of the situation


     1.7 Details of those measures or projects for improvement which existed prior to 21st November 1996


     1.8 Details of those measures or projects adopted with a view to reducing pollution following 21st November 1996


     1.9 Details of the measures or projects planned or being researched for the long term.


     1.10 List of the publications, documents, work etc. used to supplement information requested in this Schedule.




SCHEDULE 10
Regulation 15(2)


INFORMATION TO BE OBTAINED AND COLLATED ON OZONE CONCENTRATIONS, AND CRITERIA FOR AGGREGATING DATA AND CALCULATING STATISTICAL PARAMETERS




PART I

INFORMATION ON OZONE CONCENTRATIONS

     1.1 The following information on ozone concentrations shall be obtained and collated:-

     Type of station Level Averaging/ accumulation time Provisional data for each month from April to September Report for each year
Information threshold Any 180µg/m3 1 hour - for each day with any exceedance: date, total hours of exceedance, maximum 1 hour ozone and related NO2 values when required

- monthly 1 hour maximum ozone

- for each day with any exceedance: date, total hours of exceedance, maximum 1 hour ozone and related NO2 values, when required

Alert threshold Any 240µg/m3 1 hour - for each day with any exceedance: date, total hours of exceedance, maximum 1 hour ozone and related NO2 values, when required - for each day with any exceedance: date, total hours of exceedance, maximum 1 hour ozone and related NO2 values, when required
Health protection Any 120µg/m3 8 hours - or each day with any exceedance: date, 8 hours maximum(b) - or each day with any exceedance: date, 8 hours maximum(b)
Vegetation protection Suburban, rural, rural background AOT40 (8) =6,000µg/m3.h 1 hour, accumulated from May to June      Value
Forest protection Suburban, rural, rural background AOT40 (a) =20,000µg/m3.h 1 hour, accumulated from April to September      Value
Materials Any 40µg/m3 1 year      Value

(a) In this Schedule, "AOT40" has the same meaning as in paragraph (d) of Part I to Schedule 2.

(b) Maximum daily 8 hour mean.

     1.2 Where they do not do so already, annual reports must also contain-

     1.3 Data submitted in monthly reports are considered provisional and shall be updated where necessary in subsequent submissions.



PART II

CRITERIA FOR AGGREGATING DATA AND CALCULATING STATISTICAL PARAMETERS

     2.1 In this Part, percentiles are to be calculated using the method specified in Council Decision 97/101/EC establishing a reciprocal exchange of information and data from networks and individual stations measuring ambient air pollution within the Member States[
13].

     2.2 The following criteria are to be used for checking validity when aggregating data and calculating statistical parameters:-

Parameter Required proportion of valid data
1 hour values 75% (45 minutes)
8 hour values 75% of values (6 hours)
Maximum daily 8 hours mean from hourly running 8 hours averages 75% of the hourly running 8 hour averages (8 hours per day)
AOT40 90% of the 1 hour values over the time period defined for calculating the AOT40 value (1)
Annual mean 75% of the 1 hour values over summer (April to September) and winter (January to March, October to December) seasons separately
Number of exceedances and maximum values per month 90% of the daily maximum 8 hours mean value (27 available daily values per month)

90% of the 1 hour values between 0800 and 2000 Central European Time

Number of exceedances and maximum values per year Five out of six summer months over the summer season (April to September)

(1)In cases where all possible measured data are not available, the following factor shall be used to calculate AOT40 values:

AOT40(estimate) =AOT40 measured ×total possible number of hours*

number of measured hourly values



EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations implement Directive 2002/3/EC of the European Parliament and Council relating to ozone in ambient air ("the Third Daughter Directive").

These Regulations also consolidate the Air Quality Limit Values (Scotland) Regulations 2001 and the Air Quality Limit Values (Scotland) Amendment Regulations 2002 which implemented Council Directive 96/62/EC on ambient air quality assessment and management ("the Air Quality Framework Directive"), Council Directive 99/30/EC relating to limit values for sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter and lead in ambient air ("the First Daughter Directive") and Directive 2000/69/EC of the European Parliament and Council relating to relevant values for benzene and carbon MONOXIDE in ambient air ("the Second Daughter Directive").

These Regulations also revoke the Ozone Monitoring and Information Regulations 1994, the requirements of which have been superseded by the Third Daughter Directive.

Regulation 3 designates the Scottish Ministers as competent authority for the purposes of the Air Quality Framework Directive.

Regulation 4 places the Scottish Ministers under a duty to take the measures necessary to ensure that in each zone in Scotland, concentrations of relevant pollutants do not exceed limit values. The limit values for each pollutant, and the date by which they are to be met, are set out in Schedule 1.

Regulation 5, together with Parts II and III of Schedule 2, sets out the target values and long-term objectives for ozone.

Regulation 6 requires the Scottish Ministers to ensure that ambient air quality is assessed for each zone.

Regulation 7 requires the Scottish Ministers to classify each zone in relation to each of the relevant pollutants in accordance with the means by which ambient air quality in that zone is to be assessed.

Regulation 8 places a duty on the Scottish Ministers to review the classification of zones every five years or in the event of significant changes affecting levels of any of the relevant pollutants.

Regulation 9 requires the Scottish Ministers to ensure that specified methods are used for assessing air quality in relation to each pollutant in each zone. Schedule 4 sets out how sampling points for the relevant pollutants and ozone are to be determined. Schedule 5 sets out criteria for determining the minimum number of sampling points for fixed measurement of concentrations of relevant pollutants and ozone. Schedule 6 concerns the measurement of ozone precursor substances. Schedule 7 makes provision for data quality objectives for the required accuracy of assessment methods, and for compilation of the results of air quality assessment. Schedule 8 prescribes reference methods for the analysis, sampling or measurement of the relevant pollutants and ozone.

Regulation 10 requires the Scottish Ministers to draw up action plans indicating the measures to be taken in the short term where there is a risk that the limit values for any of the relevant pollutants, or the alert thresholds for sulphur dioxide, nitrogen dioxide and ozone will be exceeded. The alert thresholds for sulphur dioxide, nitrogen dioxide and ozone are set out respectively in Parts I, II and VII of Schedule 1.

Regulation 11 requires the Scottish Ministers to draw up a list of zones where the levels of one or more of the relevant pollutants is above the limit value, or between the limit value and any margin of tolerance shown in Schedule 1. Regulation 11 also places a duty on the Scottish Ministers to draw up a plan or programme for such zones. The plan or programme must contain at least the information set out in Schedule 9.

Regulation 12 requires the Scottish Ministers to draw lists of zones in which the levels of ozone are either higher than the target values, higher than the long-term objectives but equal to or below the target levels, or meet the long-term objectives, and specifies the measures which must be taken in each of these circumstances.

Regulation 13 places an obligation on the Scottish Ministers to list zones where levels of the relevant pollutants are below limit values, and to ensure that the levels of these pollutants remain below the limit values, and to endeavour to preserve the best ambient air quality compatible with sustainable development.

Regulation 14 requires the Scottish Ministers to ensure that up-to-date information on ambient concentrations of each of the relevant pollutants and ozone is routinely made available to the public. It prescribes the frequency and content of such information. Where alert thresholds for sulphur dioxide or nitrogen dioxide are exceeded, further information, set out in paragraphs 1.3 of Part I and 2.3 of Part II of Schedule 1 must be provided.

Regulation 15 revokes for Scotland and at different dates, parts of the Air Quality Standards Regulations 1989 giving effect to limit values for the relevant pollutants in earlier Directives. The Air Quality Standards Regulations 1989 implemented Council Directive 80/779/EEC on air quality limit values and guidelines 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. These Directives are repealed, with transitional provisions lasting up to 2005 and 2010, by the First Daughter Directive.

The copies of the International Standards Organisation publications referred to in these Regulations can be purchased from the British Standards Institution "BSI" sales department either by telephone on 0208-996-9001 or by post from the BSI, Standards House, 389 Chiswick High Road, London W4 4AL.


Notes:

[1] 1972 c.68. Section 2(2) was amended by the Scotland Act 1998 (c.46), Schedule 8, paragraph 15(3). The function conferred upon the Minister of the Crown under section 2(2) of the European Communities Act 1972, insofar as within devolved competence, was transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998.back

[2] O.J. No. L 296, 21.11.96, p.55.back

[3] S.I. 1994/440.back

[4] S.I. 2001/224.back

[5] S.S.I. 2002/556.back

[6] S.I. 1989/317, amended by S.I. 1995/3146 and S.S.I. 2001/224.back

[7] O.J. No. L 229, 30.8.1980, p.30.back

[8] O.J L 125, 18.5.1994, p.1.back

[9] The copies of the International Standards Organisation publications referred to in these Regulations can be purchased from the British Standards Institution "BSI" sales department either by telephone on 0208-996-9001 or by post from the BSI, Standards House, 389 Chiswick High Road, London W4 4AL.back

[10] O.J. No. L 378, 31.12.1982, p.15.back

[11] European Standards Institute "CEN" publication reference BSEN 12341, obtainable from the British Standards Institution, see note (a) to Part I of Schedule 7 above.back

[12] European Standards Institute "CEN" publication reference BSEN 12341, obtainable from the British Standards Institution, as for footnote (a) to Part I of Schedule 7 above.back

[13] O.J. No. L 035, 5.2.97, p.14.back



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