Council Directive of 12 June 1986 on limit values and quality objectives for discharges of certain dangerous substances included in List I of the Annex to Directive 76/464/EEC (86/280/EEC) (repealed)

Council Directive

of 12 June 1986

on limit values and quality objectives for discharges of certain dangerous substances included in List I of the Annex to Directive 76/464/EEC

(86/280/EEC) (repealed)

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(1), and in particular Article 6 thereof,

Having regard to the proposal from the Commission(2),

Having regard to the opinion of the European Parliament(3),

Having regard to the opinion of the Economic and Social Committee(4),

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 authorization laying down emission standards for discharges of the substances in List I 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 Member States are required to apply the limit values except in cases where they may employ quality objectives;

Whereas the dangerous substances covered by this Directive have been chosen mainly on the basis of the criteria adopted in Directive 76/464/EEC;

Whereas, since pollution due to the discharge of these substances into the aquatic environment is caused by a large number of industries, it is necessary to lay down specific limit values for discharges according to the type of industry concerned and to lay down quality objectives for the aquatic environment into which these substances are discharged;

Whereas the purpose of the limit values and quality objectives is to eliminate pollution of the various parts of the aquatic environment which might be affected by discharges of these substances;

Whereas such limit values and quality objectives must be laid down for this purpose and not with the intention of establishing rules pertaining to consumer protection or to the marketing of products from the aquatic environment;

Whereas, to enable Member States to demonstrate that the quality objectives are being met, provision should be made for reports to the Commission for each quality objective chosen and applied;

Whereas Member States should seek to ensure that the measures taken pursuant to this Directive do not have the effect of increasing soil or air pollution;

Whereas, moreover, for the purposes of effective implementation of this Directive, provision should be made for the monitoring by the Member States of the aquatic environment affected by discharges of the substances in question; whereas the powers to introduce such monitoring are not provided by Directive 76/464/EEC; whereas, since the specific powers have not been provided for in the Treaty, recourse should be had to Article 235 thereof;

Whereas, in the case of certain significant sources of pollution by these substances other than sources subject to Community limit values or national emission standards, specific programmes should be devised to eliminate the pollution; whereas the necessary powers to that effect have not been provided by Directive 76/464/EEC; whereas, since the specific powers have not been provided for in the EEC Treaty, recourse should be had to Article 235 thereof;

Whereas ground water can be excluded from the scope of this Directive since it is the subject of Directive 80/68/EEC(5);

Whereas, for the purposes of effective implementation of this Directive, it is important that the Commission should forward to the Council, every five years, a comparative assessment of its implementation by the Member States;

Whereas this Directive will have to be amended and supplemented, on proposals from the Commission, in line with developments in scientific knowledge relating principally to the toxicity, persistence and accumulation of the substances referred to in living organisms and sediments, or in the event of an improvement in the best technical means available; whereas it is necessary, for that purpose, to provide for additions to this Directive, relating to measures in respect of other dangerous substances, and for amendments to the content of the Annexes,

HAS ADOPTED THIS DIRECTIVE:

(1)

OJ No L 129, 18.5.1976, p. 23.

(2)

OJ No C 70, 18.3.1985, p. 15.

(3)

OJ No C 120, 20.5.1986.

(4)

OJ No C 188, 29.7.1985, p. 19.

(5)

OJ No L 20, 26.1.1980, p. 43.