THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Articles 100 and 235 thereof,
Having regard to Council Directive 76/464/EEC of 4 May 1976 on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community(), and in particular Articles 6 and 12 thereof,
Having regard to the proposal from the Commission(),
Having regard to the opinion of the European Parliament(),
Having regard to the opinion of the Economic and Social Committee(),
Whereas, in order to protect the aquatic environment of the Community against pollution by certain dangerous substances, Article 3 of Directive 76/464/EEC introduces a system of prior authorizations laying down emission standards for discharges of the substances on List 1 in the Annex thereto; whereas Article 6 of the said Directive provides that limit values shall be laid down for such emission standards and also quality objectives for the aquatic environment affected by discharges of these substances;
Whereas hexachlorocyclohexane (hereinafter referred to as HCH) is an organohalogen compound and is included in List I in view of its toxicity, persistence and bioaccumulation;
Whereas the Member States are required to apply the limit values except in the cases where they may employ quality objectives;
Whereas, since the pollution caused by direct discharges of HCH into water is caused, to a large extent, by the establishments which produce, treat and, as a subordinate activity, formulate it on the same site, limit values should be set for discharges from such establishments and quality objectives laid down for the aquatic environment into which HCH is discharged by such establishments;
Whereas the impact of other direct industrial sources of HCH pollution is also important; whereas, in the case of such discharges for which it is not possible, for technical reasons, to lay down limit emission values at Community level, Member States should independently fix emission standards taking into account the best technical means available;
Whereas Member States should ensure that the measures taken pursuant to this Directive do not have the effect of increasing soil and air pollution;
Whereas a specific monitoring procedure should be laid down to enable Member States to demonstrate that the quality objectives are being complied with;
Whereas provision should be made for the monitoring by Member States of the aquatic environment affected by the aforesaid HCH discharges with a view to effective implementation of this Directive;
Whereas it is important that the Commission report to the Council every five years on the implementation of this Directive by Member States;
Whereas since groundwater is the subject of Directive 80/68/EEC(), it is excluded from the scope of this Directive,
HAS ADOPTED THIS DIRECTIVE: