Directive 1978/659 - Quality of fresh waters needing protection or improvement in order to support fish life - Main contents

official title

 

Legal instrument	Directive
Number legal act	Directive 1978/659
Original proposal	COM(1976)401
CELEX number i	31978L0659

Avis juridique important

|

Council Directive 78/659/EEC of 18 July 1978 on the quality of fresh waters needing protection or improvement in order to support fish life

Official Journal L 222 , 14/08/1978 P. 0001 - 0010

Greek special edition: Chapter 15 Volume 1 P. 0172

Spanish special edition: Chapter 15 Volume 2 P. 0111

Portuguese special edition Chapter 15 Volume 2 P. 0111

Finnish special edition: Chapter 15 Volume 2 P. 0093

Swedish special edition: Chapter 15 Volume 2 P. 0093

COUNCIL DIRECTIVE of 18 July 1978 on the quality of fresh waters needing protection or improvement in order to support fish life (78/659/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 the protection and improvement of the environment necessitates concrete measures to protect waters against pollution, including waters capable of supporting freshwater fish;

Whereas it is necessary from the ecological and economic viewpoint to safeguard fish populations from various harmful consequences, resulting from the discharge of pollutant substances into the waters, such as, in particular, the reduction in number of fish belonging to a certain species and even in some cases the disappearance of a number of these species;

Whereas the programmes of action of the European Communities on the environment of 1973 (3) and 1977 (4) provide that quality objectives are to be jointly drawn up fixing the various requirements which an environment must meet, inter alia the definition of parameters for water, including waters capable of supporting freshwater fish;

Whereas differences between the provisions already in force or in preparation in the various Member States as regards the quality of waters capable of supporting the life of freshwater fish may create unequal conditions of competition and thus directly affect the functioning of the common market ; whereas laws in the field should be approximated as provided for by Article 100 of the Treaty;

Whereas it is necessary to couple this approximation of laws with Community action aiming to achieve, by means of wider-ranging provisions, one of the Community's objectives in the field of environmental protection and the improvement of the quality of life ; whereas certain specific provisions must be laid down in this connection ; whereas, since the specific powers of action required to this end have not been provided for in the Treaty, it is necessary to invoke Article 235 thereof;

Whereas, in order to attain the objectives of the Directive, the Member States will have to designate the waters to which it will apply and will have to set limit values corresponding to certain parameters ; whereas action will be taken to ensure that the waters so designated will conform to these values within five years of this designation;

Whereas provision should be made that waters capable of supporting freshwater fish will, under certain conditions, be deemed to conform to the (1)OJ No C 30, 7.2.1977, p. 37. (2)OJ No C 77, 30.3.1977, p. 2. (3)OJ No C 112, 20.12.1973, p. 3. (4)OJ No C 139, 13.6.1977, p. 3.

relevant parametric values even if a certain percentage of samples taken does not comply with the limits specified in the Annex;

Whereas to ensure that the quality of waters capable of supporting freshwater fish is checked, a minimum number of samples should be taken and the measurements relating to parameters set out in the Annex should be carried out ; whereas such sampling may be reduced or discontinued in the light of the quality of the water;

Whereas the Member States are unable to control certain natural circumstances and it is therefore necessary to provide for the possibility of...

This text has been adopted from EUR-Lex.

This page is also available in a full version containing de geconsolideerde versie, the legal context, de Europese rechtsgrond, other dossiers related to the dossier at hand and finally the related cases of the European Court of Justice.