Directive 1983/513 - Limit values and quality objectives for cadmium discharges - Main contents

official title

 

Legal instrument	Directive
Number legal act	Directive 1983/513
Original proposal	COM(1981)56
CELEX number i	31983L0513

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Council Directive 83/513/EEC of 26 September 1983 on limit values and quality objectives for cadmium discharges

Official Journal L 291 , 24/10/1983 P. 0001 - 0008

Spanish special edition: Chapter 15 Volume 4 P. 0131

Portuguese special edition Chapter 15 Volume 4 P. 0131

Finnish special edition: Chapter 15 Volume 4 P. 0140

Swedish special edition: Chapter 15 Volume 4 P. 0140

COUNCIL DIRECTIVE of 26 September 1983 on limit values and quality objectives for cadmium discharges (83/513/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 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 Articles 6 and 12 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 cadmium and its compounds are included in List I;

Whereas the Member States are required to apply the limit values except in the cases where they may employ quality objectives;

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

Whereas at the present time it is not, however, possible to establish limit values for discharges arising from the manufacture of phosphoric acid and phosphatic fertilizer from phosphatic rock;

Whereas the purpose of the quality objectives must be to eliminate cadmium pollution of the various parts of the aquatic environment which might be affected by cadmium discharges;

Whereas such quality objectives must be laid down expressly 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; (1) OJ No L 129, 18.5.1976, p. 23. (2) OJ No C 118, 21.5.1981, p. 3. (3) OJ No C 334, 20.12.1982, p. 138. (4) OJ No C 230, 10.9.1981, p. 22.

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 cadmium discharges with a view to effective implementation of this Directive ; whereas Article 6 of Directive 76/464/EEC does not provide for the powers to introduce such monitoring ; whereas, since the specific powers have not been provided for in the Treaty, Article 235 thereof should be invoked;

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

Whereas, since groundwater is the subject of Directive 80/68/EEC (1), it is excluded from the scope of this Directive;

Whereas the level of industrialization is very low in Greenland because of the overall situation of the island, and in particular the fact that it is sparsely populated, its considerable size and its special geographical position ; whereas, therefore...

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