1976L0464 — EN — 23.12.1991 — 001.002 — 1
Thisdocumentismeantpurelyasadocumentationtoolandtheinstitutionsdonotassumeanyliabilityforitscontents
►B COUNCILDIRECTIVE
of4May1976
onpollutioncausedbycertaindangeroussubstancesdischargedintotheaquaticenvironmentofthe
Community
(76/464/EEC)
(OJ L 129, 18.5.1976, p. 23)
Amended by:
Official Journal
No page date
►M1Council Directive of23 December 1991 (91/692/EEC) L 377 48 31.12.1991
Corrected by:
►C1Corrigendum, OJ L 24, 28.1.1977, p. 55 (76/464/EEC)
▼B
COUNCILDIRECTIVE
of4May1976
onpollutioncausedbycertaindangeroussubstancesdischargedinto
theaquaticenvironmentoftheCommunity
(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 ofthe European Parliament (
1),
Having regard to the opinion ofthe 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 ofthe Communityfrom pollution, particularly that caused by certain persistent, toxic andbioaccumulable 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 againstchemical pollution and the draft European Convention for the protectionofinternational watercourses against pollution, are designed to protectinternational 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 alreadyapplicable 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 necessaryto approximate laws in this field, as provided for in Article 100 of theTreaty;
Whereas it seems necessary for this approximation of laws to be
accompanied by Community action so that one ofthe aims ofthe
Community in the sphere ofprotection ofthe environment andimprovement ofthe quality oflif e can be achieved by more extensiverules; whereas certain specific provisions to this effect should thereforebe laid down; whereas Article 235 ofthe Treaty should be invoked asthe powers required for this purpose have not been provided for by the
Treaty;
Whereas the programme ofaction ofthe European Communities on the
environment (
3), 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 ofthe Community, it is necessary to establish a f irst list,
called List I, ofcertain individual substances selected mainly on thebasis oftheir toxicity, persistence, and bioaccumulation, with theexception ofthose which are biologically harmless or which are rapidlyconverted 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 givenarea and which depend on the characteristics and location ofthe waterinto which they are discharged; whereas any discharge ofthesesubstances should be subject to prior authorization which specifiesemission standards;1976L0464 — EN — 23.12.1991 — 001.002 — 2
(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.
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Whereas pollution through the discharge ofthe 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 ofmeasurement, and the time limits with which existingdischargers 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, arebeing met and continuously maintained throughout the area which mightbe 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 waterdrawn up in compliance with Council Directives where they exist;whereas the emission standards applicable to such substances should becalculated in terms ofthese quality objectives;
Whereas, subject to certain exceptions and modifications, this Directive
should be applied to discharges into ground water pending the adoption
ofspecif ic 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 underthis Directive;
Whereas an inventory ofdischarges ofcertain particularly dangerous
substances into the aquatic environment ofthe 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 ofexperience, ifappropriate, by transf erringcertain substances from List II to List I,
HAS ADOPTED THIS DIRECTIVE:
Article 1
1. Subject to Article 8, this Directive shall apply to:
— inland surface water,
— territorial waters,
— internal coastal waters,
— ground water.
2. For the purposes ofthis Directive:
(a) ‘inland surface water’ means all static or flowing fresh surface water
situated in the territory ofone or more Member States;
(b) ‘internal coastal waters’ means waters on the landward side ofthe
base line from which the breadth of territorial waters is measured,
extending, in the case ofwatercourses, up to the f resh-water limit;
(c) ‘fresh-water limit’ means the place in the watercourse where, at low
tide and in a period of low fresh-water flow, there is an appreciableincrease in salinity due to the presence ofsea-water;
(d) ‘discharge’ means the introduction into the waters referred to in
paragraph 1 ofany substances in List I or List II ofthe Annex, withthe exception of:
— discharges ofdredgings,
— operational discharges from ships in territorial waters,— dumping from ships in territorial waters;
(e) ‘pollution’ means the discharge by man, directly or indirectly, of
substances or energy into the aquatic environment, the results ofwhich are such as to cause hazards to human health, harm to living1976L0464 — EN — 23.12.1991 — 001.002 — 3
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resources and to aquatic ecosystems, damage to amenities or
interference with other legitimate uses of water.
Article 2
Member States shall take the appropriate steps to eliminate pollution of
the waters referred to in Article 1 by the dangerous substances in thefamilies and groups of substances in List I of the Annex and to reducepollution ofthe said waters by the dangerous substances in the f amilies
and groups ofsubstances in List II ofthe Annex, in accordance with this
Directive, the provisions ofwhich represent only a f irst step towards thisgoal.
Article 3
With regard to the substances belonging to the families and groups of
substances in List I, hereinafter called ‘substances within List I’:
1. all discharges into the waters referred to in Article 1 which are liable
to contain any such substance shall require prior authorization by the
competent authority ofthe Member State concerned;
2. the authorization shall lay down emission standards with regard to
discharges ofany such substance into the waters ref erred to in Article1 and, where this is necessary for the implementation of thisDirective, to discharges ofany such substance into sewers;
3. in the case ofexisting discharges ofany such substance into the
waters referred to in Article 1, the dischargers must comply with theconditions laid down in the authorization within the period stipulatedtherein. This period may not exceed the limits laid down inaccordance with Article 6 (4);
4. authorizations may be granted for a limited period only. They may be
renewed, taking into account any charges in the limit values referredto in Article 6.
Article 4
1. Member States shall apply a system ofzero-emission to discharges
into ground water ofsubstances within List I.
2. Member States shall apply to ground water the provisions ofthis
Directive relating to the substances belonging to the families and groups
ofsubstances in List II, hereinaf ter called ‘substances within List II’.
3. Paragraphs 1 and 2 shall apply neither to domestic effluents nor to
discharges injected into deep, saline and unusable strata.
4. The provisions ofthis Directive relating to ground water shall no
longer apply upon the implementation ofa separate Directive on groundwater.
Article 5
1. The emission standards laid down in the authorizations granted
pursuant to Article 3 shall determine:
(a) the maximum concentration ofa substance permissible in a
discharge. In the case ofdilution the limit value provided f or in
Article 6 (1) (a) shall be divided by the dilution factor;
(b) the maximum quantity ofa substance permissible in a discharge
during one or more specified periods of time. This quantity may, ifnecessary, also be expressed as a unit ofweight ofthe pollutant per
unit ofthe characteristic element ofthe polluting activity (e.g. unit
ofweight per unit ofraw material or per product unit).
2. For each authorization, the competent authority ofthe Member
State concerned may, ifnecessary, impose more stringent emissionstandards than those resulting from the application of the limit valueslaid down by the Council pursuant to Article 6, taking into account inparticular the toxicity, persistence, and bioaccumulation ofthe substanceconcerned in the environment into which it is discharged.1976L0464 — EN — 23.12.1991 — 001.002 — 4
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3. Ifthe discharger states that he is unable to comply with the
required emission standards, or ifthis situation is evident to thecompetent authority in the Member State concerned; authorization shall
be refused.
4. Should the emission standards not be complied with, the competent
authority in the Member State concerned shall take all appropriate stepsto ensure that the conditions of authorization are fulfilled and, ifnecessary, that the discharge is prohibited.
Article 6
1. The Council, acting on a proposal from the Commission, shall lay
down the limit values which the emission standards must not exceed forthe various dangerous substances included in the families and groups ofsubstances within List I. These limit values shall be determined by:
(a) the maximum concentration ofa substance permissible in a
discharge, and
(b) where appropriate, the maximum quantity ofsuch a substance
expressed as a unit ofweight ofthe pollutant per unit ofthecharacteristic element ofthe polluting activity (e.g. unit ofweight
per unit ofraw material or per product unit).
Where appropriate, limit values applicable to industrial effluents shall be
established according to sector and type ofproduct.
The limit values applicable to the substances within List I shall be laid
down mainly on the basis of:
— toxicity,
— persistence,— bioaccumulation,
taking into account the best technical means available.2. The Council, acting on a proposal from the Commission, shall lay
down quality objectives for the substances within List I.
These objectives shall be laid down principally on the basis ofthe
toxicity, persistence and accumulation ofthe said substances in livingorganisms and in sediment, as indicated by the latest conclusivescientific data, taking into account the difference in characteristicsbetween salt-water and fresh water.
3. The limit values established in accordance with paragraph 1 shall
apply except in the cases where a Member State can prove to theCommission, in accordance with a monitoring procedure set up by theCouncil on a proposal from the Commission, that the quality objectivesestablished in accordance with paragraph 2, or more severe Communityquality objectives, are being met and continuously maintained
throughout the area which might be affected by the discharges because
ofthe action taken, among others, by that Member State.
The Commission shall report to the Council the instances ►
C1where it
has accepted the recourse to ◄the quality objectives method. Every
five years the Council shall review, on the basis of a Commission
proposal and in accordance with Article 148 ofthe Treaty, the instances
where the said method has been applied.
4. For those substances included in the families and groups of
substances referred to in paragraph 1, the ►C1time limits ◄referred
to in point 3 ofArticle 3 shall be laid down by the Council in accordancewith Article 12, taking into account the features of the industrial sectors
concerned and, where appropriate, the types ofproducts.
Article 7
1. In order to reduce pollution ofthe waters ref erred to in Article 1 by
the substances within List II, Member States shall establish programmesin the implementation ofwhich they shall apply in particular themethods referred to in paragraphs 2 and 3.1976L0464 — EN — 23.12.1991 — 001.002 — 5
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2. All discharges into the waters referred to in Article 1 which are
liable to contain any ofthe substances within List II shall require priorauthorization by the competent authority in the Member State
concerned, in which emission standards shall be laid down. Such
standards shall be based on the quality objectives, which shall be fixedas provided for in paragraph 3.
3. The programmes referred to in paragraph 1 shall include quality
objectives for water; these shall be laid down in accordance withCouncil Directives, where they exist.
4. The programmes may also include specific provisions governing
the composition and use ofsubstances or groups ofsubstances and
products and shall take into account the latest economically feasibletechnical developments.
5. The programmes shall set deadlines for their implementation.6. Summaries ofthe programmes and the results oftheir implementa-
tion shall be communicated to the Commission.
7. The Commission, together with the Member States, shall arrange
for regular comparisons of the programmes in order to ensure sufficient
coordination in their implementation. Ifit sees f it, it shall submit
relevant proposals to the Council to this end.
Article 8
Member States shall take all appropriate steps to implement measures
adopted by them pursuant to this Directive in such a way as not toincrease the pollution ofwaters to which Article 1 does not apply. Theyshall in addition prohibit all acts which intentionally or unintentionallycircumvent the provisions ofthis Directive.
Article 9
The application ofthe measures taken pursuant to this Directive may on
no account lead, either directly or indirectly, to increased pollution ofthe waters referred to in Article 1.
Article 10
Where appropriate, one or more Member States may individually or
jointly take more stringent measures than those provided for under this
Directive.
Article 11
The competent authority shall draw up an inventory ofthe discharges
into the waters referred to in Article 1 which may contain substanceswithin List I to which emission standards are applicable.
Article 12
1. The Council, acting unanimously, shall take a decision within nine
months on any Commission proposal made pursuant to Article 6 and onthe proposals concerning the methods ofmeasurement applicable.
Proposals concerning an initial series ofsubstances as well as the
methods ofmeasurement applicable and the deadlines ref erred to in
Article 6 (4) shall be submitted by the Commission within a maximum
period of two years following notification of this Directive.
2. The Commission shall, where possible within 27 months following
notification of this Directive, forward the first proposals made pursuantto Article 7 (7). The Council, acting unanimously, shall take a decisionwithin nine months.
Article 13
1. At intervals ofthree years the Member States shall send
information to the Commission on the implementation of this Directive,1976L0464 — EN — 23.12.1991 — 001.002 — 6
▼M1
▼M1
in the form of a sectoral report which shall also cover other pertinent
Community Directives. This report shall be drawn up on the basis ofaquestionnaire or outline drafted by the Commission in accordance with
the procedure laid down in Article 6 ofDirective 91/692/EEC (
1). The
questionnaire or outline shall be sent to the Member States six monthsbefore the start of the period covered by the report. The report shall besent to the Commission within nine months ofthe end ofthe three-yearperiod covered by it.
The first report shall cover the period from 1993 to 1995 inclusive.The Commission shall publish a Community report on the implementa-
tion ofthe Directive within nine months ofreceiving the reports f rom
the Member States.
2. Information acquired as a result of the application of this Article
shall be used only for the purpose for which it was requested.
3. The Commission and the competent authorities ofthe Member
States, their officials and other servants shall not disclose information
acquired by them pursuant to this Directive and ofa kind covered by the
obligation ofprof essional secrecy.
4. The provisions ofparagraphs 2 and 3 shall not prevent publication
of general information or surveys which do not contain informationrelating to particular undertakings or associations ofundertakings.
Article 14
The Council, acting on a proposal from the Commission, which shall act
on its own initiative or at the request ofa Member State, shall reviseand, where necessary, supplement Lists I and II on the basis ofexperience, if appropriate, by transferring certain substances from List II
to List I.
Article 15
This Directive is addressed to the Member States.1976L0464 — EN — 23.12.1991 — 001.002 — 7
(1) OJ No L 377, 31. 12. 1991, p. 48.▼B
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ANNEX
ListIoffamiliesandgroupsofsubstances
List I contains certain individual substances which belong to the following
f amilies and groups ofsubstances, selected mainly on the basis oftheir toxicity,
persistence and bioaccumulation, with the exception ofthose which are
biologically harmless or which are rapidly converted into substances which are
biologically harmless:
1. organohalogen compounds and substances which may form such compounds
in the aquatic environment,
2. organophosphorus compounds,
3. organotin compounds,4. substances in respect ofwhich it has been proved that they possess
carcinogenic properties in or via the aquatic environment (
1),
5. mercury and its compounds,
6. cadmium and its compounds,7. persistent mineral oils and hydrocarbons ofpetroleum origin,
and f or the purposes ofimplementing Articles 2, 8, 9 and 14 ofthis Directive:
8. persistent synthetic substances which may float, remain in suspension or sink
and which may interfere with any use of the waters.
ListIIoffamiliesandgroupsofsubstances
List II contains:
— substances belonging to the families and groups of substances in List I for
which the limit values referred to in Article 6 of the Directive have not been
determined,
— certain individual substances and categories ofsubstances belonging to the
families and groups of substances listed below,
and 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 ofthe water into which they are discharged.
Familiesandgroupsofsubstancesreferredtointhesecondindent
1. The following metalloids and metals and their compounds:
1. zinc
2. copper3. nickel4. chromium5. lead6. selenium
7. arsenic
8. antimony9. molybdenum
10. titanium11. tin12. barium
13. beryllium
14. boron15. uranium16. vanadium17. cobalt18. thalium
19. tellurium
20. silver1976L0464 — EN — 23.12.1991 — 001.002 — 8
(1) Where certain substances in List II are carcinogenic, they are included in category 4 of
this list.
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2. Biocides and their derivatives not appearing in List I.
3. Substances which have a deleterious effect on the taste and/or smell of the
products for human consumption derived from the aquatic environment,
and compounds liable to give rise to such substances in water.
4. Toxic or persistent organic compounds ofsilicon, and substances which may
give rise to such compounds in water, excluding those which are biologically
harmless or are rapidly converted in water into harmless substances.
5. Inorganic compounds ofphosphorus and elemental phosphorus.
6. Non persistent mineral oils and hydrocarbons ofpetroleum origin.
7. Cyanides, fluorides.8. Substances which have an adverse effect on the oxygen balance, particularly:
ammonia, nitrites.
StatementonArticle8
With regard to the discharge ofwaste water into the open sea by means of
pipelines, Member States undertake to lay down requirements which shall be not
less stringent than those imposed by this Directive.1976L0464 — EN — 23.12.1991 — 001.002 — 9