Council Directive 76/464/EEC of 4 May 1976 on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community
Modified by
Council Directive of 23 December 1991 (91/692/EEC), 31991L0692, December 31, 1991
Directive 2000/60/EC of the European Parliament and of the Councilof 23 October 2000establishing a framework for Community action in the field of water policy, 32000L0060, December 22, 2000
Directive 2006/11/EC of the European Parliament and of the Councilof 15 February 2006on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community(Codified version)(Text with EEA relevance), 32006L0011, March 4, 2006
Corrected by
Corrigendum 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, 31976L0464R(01), January 28, 1977
Council Directiveof 4 May 1976on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community(76/464/EEC)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 the proposal from the Commission,Having regard to the opinion of the European ParliamentOJ No C 5, 8. 1. 1975, p. 62.,Having regard to the opinion of the Economic and Social CommitteeOJ No C 108, 15. 5. 1975, p. 76.,Whereas there is an urgent need for general and simultaneous action by the Member States to protect the aquatic environment of the Community from pollution, particularly that caused by certain persistent, toxic and bioaccumulable substances;Whereas several conventions or draft conventions, including the Convention for the prevention of marine pollution from land-based sources, the draft Convention for the protection of the Rhine against chemical pollution and the draft European Convention for the protection of international watercourses against pollution, are designed to protect international watercourses and the marine environment from pollution; whereas it is important to ensure the coordinated implementation of these conventions;Whereas any disparity between the provisions on the discharge of certain dangerous substances into the aquatic environment already applicable or in preparation in the various Member States may create unequal conditions of competition and thus directly affect the functioning of the common market; whereas it is therefore necessary to approximate laws in this field, as provided for in Article 100 of the Treaty;Whereas it seems necessary for this approximation of laws to be accompanied by Community action so that one of the aims of the Community in the sphere of protection of the environment and improvement of the quality of life can be achieved by more extensive rules; whereas certain specific provisions to this effect should therefore be laid down; whereas Article 235 of the Treaty should be invoked as the powers required for this purpose have not been provided for by the Treaty;Whereas the programme of action of the European Communities on the environmentOJ No C 112, 20. 12. 1973, p. 1., provides for number (SIC! for a number) of measures to protect fresh water and sea water from certain pollutants;Whereas in order to ensure effective protection of the aquatic environment of the Community, it is necessary to establish a first list, called List I, of certain individual substances selected mainly on the basis of their toxicity, persistence, and bioaccumulation, with the exception of those which are biologically harmless or which are rapidly converted into substances which are biologically harmless, and a second list, called List II, containing substances which have a deleterious effect on the aquatic environment, which can, however, be confined to a given area and which depend on the characteristics and location of the water into which they are discharged; whereas any discharge of these substances should be subject to prior authorization which specifies emission standards;Whereas pollution through the discharge of the various dangerous substances within List I must be eliminated; whereas the Council should, within specific time limits and on a proposal from the Commission, adopt limit values which the emission standards should not exceed, methods of measurement, and the time limits with which existing dischargers should comply;Whereas the Member States should apply these limit values, except where a Member State can prove to the Commission, in accordance with a monitoring procedure set up by the Council, that the quality objectives established by the Council, on a proposal from the Commission, are being met and continuously maintained throughout the area which might be affected by the discharges because of the action taken, among others, by that Member State;Whereas it is necessary to reduce water pollution caused by the substances within List II; whereas to this end the Member States should establish programmes which incorporate quality objectives for water drawn up in compliance with Council Directives where they exist; whereas the emission standards applicable to such substances should be calculated in terms of these quality objectives;Whereas, subject to certain exceptions and modifications, this Directive should be applied to discharges into ground water pending the adoption of specific Community rules in the matter;Whereas one or more Member States may be able, individually or jointly, to take more stringent measures than those provided for under this Directive;Whereas an inventory of discharges of certain particularly dangerous substances into the aquatic environment of the Community should be drawn up in order to know where they originated;Whereas it may be necessary to revise and, where required, supplement Lists I and II on the basis of experience, if appropriate, by transferring certain substances from List II to List I,HAS ADOPTED THIS DIRECTIVE: