Directive 1976/464 - Pollution caused by certain dangerous substances discharged into the aquatic environment of the EC - Main contents

official title

 

Legal instrument	Directive
Number legal act	Directive 1976/464
Original proposal	COM(1974)1706
CELEX number i	31976L0464

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Council Directive 76/464/EEC of 4 May 1976 on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community

Official Journal L 129 , 18/05/1976 P. 0023 - 0029

Greek special edition: Chapter 15 Volume 1 P. 0138

Spanish special edition: Chapter 15 Volume 1 P. 0165

Portuguese special edition Chapter 15 Volume 1 P. 0165

Finnish special edition: Chapter 15 Volume 2 P. 0046

Swedish special edition: Chapter 15 Volume 2 P. 0046

COUNCIL DIRECTIVE of 4 May 1976 on 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 Parliament (1),

Having regard to the opinion of the Economic and Social Committee (2),

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 environment (3), provides for number of measures to protect fresh water and se 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 (1)OJ No C 5, 8.1.1975, p. 62. (2)OJ No C 108, 15.5.1975, p. 76. (3)OJ No C 112, 20.12.1973, p. 1.

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...

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