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►B COUNCIL DIRECTIVE
of 30 October 1979
on the quality required of shellfish waters
(79/923/EEC)
(OJ L 281, 10.11.1979, p. 47)
Amended by:
Official Journal
No page date
►M1 Council Directive 91/692/EEC, of 23 December 1991 L 377 48 31.12.1991
Corrected by:
►C1 Corrigendum, OJ L 190, 12.7.2006, p. 99 (79/923/EEC)1979L0923 —EN—23.12.1991 —001.004 —1
▼B
COUNCIL DIRECTIVE
of 30 October 1979
on the quality required of shellfish waters
(79/923/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 (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas the protection and improvement of the environment necessitate
concrete measures to protect waters, including shellfish waters, againstpollution;
Whereas it is necessary to safeguard certain shellfish populations from
various harmful consequences, resulting from the discharge of pollutant
substances into the sea;
Whereas the programmes of action of the European Communities on the
environment of 1973 (
4) and 1977 (5) provide that quality objectives are
to be jointly drawn up fixing the various requirements which an environ-ment must meet, inter alia the definition of parameters for water,
including shellfish waters;
Whereas differences between the provisions already in force or in
preparation in the various Member States as regards the quality requiredof shellfish waters may create unequal conditions of competition andthus directly affect the functioning of the common market; whereas laws
in this field should therefore 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 provi-sions, one of the Community's objectives in the field of environmentalprotection 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 beenprovided 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 the
waters so designated will have to conform to these values within sixyears of designation;
Whereas for the purpose of checking the quality required of shellfish
waters, a minimum number of samples should be taken and themeasurements 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 results of the measurements;
Whereas certain natural circumstances are beyond the control of the
Member States and it is therefore necessary to provide for the possibilityof derogating from this Directive in certain cases;
Whereas technical and scientific progress may make necessary the rapid
adaptation of some of the requirements laid down in the Annexes;whereas, in order to facilitate the introduction of the measures requiredfor this purpose, a procedure should be laid down establishing closecooperation between the Member States and the Commission; whereassuch cooperation should take place in the Committee on Adaptation to1979L0923 —EN—23.12.1991 —001.004 —2
(1) OJ No C 283, 30. 11. 1976, p. 3.
(2) OJ No C 133, 6. 6. 1977, p. 48.
(3) OJ No C 114, 11. 5. 1977, p. 29.
(4) OJ No C 112, 20. 12. 1973, p. 3.
(5) OJ No C 139, 13. 6. 1977, p. 3.
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Technical and Scientific Progress set up by Article 13 of the Council
Directive 78/659/EEC of 18 July 1978 on the quality of fresh watersneeding protection or improvement in order to support fish life (
1);
Whereas this Directive cannot, by itself, ensure protection of consumers
of shellfish products; whereas proposals to this end should therefore be
submitted by the Commission as soon as possible,
HAS ADOPTED THIS DIRECTIVE:
Article 1
This Directive concerns the quality of shellfish waters and applies to
those coastal and brackish waters designated by the Member States asneeding protection or improvement in order to support shellfish (bivalveand gasteropod molluscs) life and growth and thus to contribute to the
high quality of shellfish products directly edible by man.
Article 2
The parameters applicable to the waters designated by the Member
States are listed in the Annex.
Article 3
1. Member States shall, for the designated waters, set values for the
parameters listed in the Annex, in so far as values are given in columnG or in column I. They shall comply with the comments contained inboth columns.
2. Member States shall not set values less stringent than those given
in column I of the Annex and shall endeavour to observe the values incolumn G, while taking into account the principle set out in Article 8.
3. For discharges of effluents falling within parameters ‘organohalo-
genated substances’ and‘metals’, the emission standards laid down by
the Member States pursuant to Council Directive 76/464/EEC of 4 May1976 on pollution caused by certain dangerous substances dischargedinto the aquatic environment of the Community (
2) shall be applied at
the same time as the quality objectives and the other obligations arising
from this Directive, in particular those relating to sampling.
Article 4
1. Member States shall, initially within a two-year period following
the notification of this Directive, designate shellfish waters.
2. Member States may subsequently make additional designations.3. Member States may revise the designation of certain waters owing
in particular to factors unforeseen at the time of designation, taking into
account the principle set out in Article 8.
Article 5
Member States shall establish programmes in order to reduce pollution
and to ensure that designated waters conform, within six years followingdesignation in accordance with Article 4, to both the values set by theMember States in accordance with Article 3 and the comments
contained in columns G and I of the Annex.
Article 6
1. For the purposes of implementing Article 5, the designated waters
shall be deemed to conform to the provisions of this Directive if samplesof such waters, taken at the minimum frequency specified in the Annex,at the same sampling point and over a period of 12 months, show that1979L0923 —EN—23.12.1991 —001.004 —3
(1) OJ No L 222, 14. 8. 1978, p. 1.
(2) OJ No L 129, 18. 5. 1976, p. 23.
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they conform to both the values set by the Member States in accordance
with Article 3 and the comments contained in columns G and I of theAnnex, as regards:
—100 % of the samples for the parameters ‘organohalogenated
substances’ and‘metals’;
—95 % of the samples for the parameters ‘salinity’ and‘dissolved
oxygen’;
—75 % of the samples for the other parameters listed in the Annex.
If, in accordance with Article 7 (2), the sampling frequency for all the
parameters in the Annex except ‘organohalogenated substances’ and
‘metals’ is lower than that indicated in the Annex, the abovementioned
values and comments shall be complied with in the case of all thesamples.
2. Instances in which the values set by Member States in accordance
with Article 3 or the comments contained in columns G and I of theAnnex are not respected shall not be taken into consideration in thecalculation of the percentages provided for in paragraph 1 when it is theresult of a disaster.
Article 7
1. The competent authorities in the Member States shall carry out
sampling operations, the minimum frequency of which is laid down inthe Annex.
2. Where the competent authority records that the quality of desig-
nated waters is appreciably higher than that which would result from the
application of the values set in accordance with Article 3 and the
comments contained in columns G and I of the Annex, the frequency ofthe sampling may be reduced. Where there is no pollution and no riskof deterioration in the quality of the waters, the competent authorityconcerned may decide that no sampling is necessary.
3. If sampling shows that a value set in accordance with Article 3 or
a comment contained in columns G or I of the Annex is not respected,the competent authority shall establish whether this is the result ofchance, a natural phenomenon or pollution and shall adopt appropriate
measures.
4. The exact sampling point, the distance from this point to the
nearest point where pollutants are discharged and the depth at which thesamples are to be taken shall be fixed by the competent authority of
each Member State on the basis of local environmental conditions in
particular.
5. The reference methods of analysis to be used for calculating the
value of the parameters concerned are set out in the Annex. Laboratorieswhich employ other methods shall ensure that the results obtained are
equivalent or comparable to those specified in the Annex.
Article 8
Implementation of the measures taken pursuant to this Directive may on
no account lead, either directly or indirectly, to increased pollution ofcoastal and brackish waters.
Article 9
Member States may at any time set more stringent values for designated
waters than those laid down in this Directive. They may also lay down
provisions relating to other parameters than those provided for in this
Directive.
Article 10
Where a Member State considers designating shellfish waters in the
immediate vicinity of a frontier with another Member State, these Statesshall consult each other in order to determine the stretches of suchwaters to which this Directive might apply and the consequences to be1979L0923 —EN—23.12.1991 —001.004 —4
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drawn from the common quality objectives; these consequences shall be
determined, after formal consultations, by each State concerned. TheCommission may participate in these deliberations.
Article 11
The Member States may derogate from this Directive in the event of
exceptional weather or geographical conditions.
Article 12
Such amendments as are necessary for adapting to technical and scien-
tific progress the G values for the parameters and the methods ofanalysis contained in the Annex shall be adopted by the Committee set
up by Article 13 of Directive 78/659/EEC in accordance with the proce-
dure laid down in Article 14 thereof.
Article 13
For the purpose of applying this Directive, Member States shall provide
the Commission with information concerning:
—the waters designated in accordance with Article 4 (1) and (2), in
summary form,
—the revision of the designation of certain waters in accordance with
Article 4 (3),
—the provisions laid down in order to establish new parameters in
accordance with Article 9.
Where a Member State applies the provisions of Article 11, it shall
forthwith notify the Commission thereof, stating its reasons and theperiods anticipated.
More generally, Member States shall provide the Commission, on a
reasoned request from the latter, with any information necessary for theapplication of this Directive.
Article 14
▼
M1
At intervals of three years the Member States shall send information tothe Commission on the implementation of this Directive, in the form of
a sectoral report which shall also cover other pertinent Community
Directives. This report shall be drawn up on the basis of a questionnaireor outline drafted by the Commission in accordance with the procedurelaid down in Article 6 of Directive 91/692/EEC (
1). The questionaire or
outline shall be sent to the Member States six months before the start of
the period covered by the report. The report shall be sent to the
Commission within nine months of the end of the three-year periodcovered 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 of the Directive within nine months of receiving the reports fromthe Member States.
▼
B
Article 15
1. Member States shall bring into force the laws, regulations and
administrative provisions necessary to comply with this Directive within
two years of its notification. They shall forthwith inform the Commis-sion thereof.
2. Member States shall communicate to the Commission the texts of
the main provisions of national law which they adopt in the fieldgoverned by this Directive.1979L0923 —EN—23.12.1991 —001.004 —5
(1) OJ No L 377, 31. 12. 1991, p. 48.
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Article 16
This Directive is addressed to the Member States.1979L0923 —EN—23.12.1991 —001.004 —6
ANNEX
QUALITY OF SHELLFISH WATERS
Parameter G I Reference methods of analysisMinimum sampling and
measuring frequency
1. pH
pH unit7—9 —Electrometry
Measured in situ at the time of samplingQuarterly
2. TemperatureoC A discharge affecting shell-
fish waters must not cause
the temperature of the
waters to exceed by more
than 2oC the temperature of
waters not so affected—Thermometry
Measured in situ at the time of samplingQuarterly
3. Coloration (after filtration)
mg Pt/l►C1A discharge affecting shellfish waters must
not cause the colour of the waters after filtration
to deviate by more than 100 mg Pt/l from the
colour of waters not so affected ◄—Filter through a 0·45 µm membrane
Photometric method, using the platinum/
cobalt scaleQuarterly
4. Suspended solids mg/l A discharge affecting shellfish waters must not
cause the suspended solid content of the waters
to exceed by more than 30 % the content of
waters not so affected—Filtration through a 0·45 µm membrane,
drying at 105oC and weighing
—Centrifuging (for at least five minutes, with
mean acceleration 2 800 to 3 200 g), drying
at 105oC and weighingQuarterly
5. Salinity ‰ 12 to 38 ‰ — ≤40‰
—Discharge affecting shellfish waters must not
cause their salinity to exceed by more than
10 % the salinity of waters not so affectedConductimetry Monthly
6. Dissolved oxygen
Saturation %≥80 % —≥70 % (average value)
—Should an individual measurement indicate a
value lower than 70 %, measurements shall
be repeated
—An individual measurement may not indicate
a value of less than 60 % unless there are no
harmful consequences for the development of
shellfish colonies—Winkler's method
—Electrochemical methodMonthly, with a minimum of
one sample representative of
low oxygen conditions on theday of sampling. However,
where major daily variations
are suspected, a minimum of
two samples in one day shall
be taken▼B1979L0923 —EN—23.12.1991 —001.004 —7
Parameter G I Reference methods of analysisMinimum sampling and
measuring frequency
7. Petroleum hydrocarbons Hydrocarbons must not be present in the shell-
fish water in such quantities as to:
—produce a visible film on the surface of the
water and/or a deposit on the shellfish,
—have harmful effects on the shellfishVisual examination Quarterly
8. Organohalogenated
substancesThe concentration of each
substance in shellfish flesh
must be so limited that it
contributes, in accordance
with Article 1, to the high
quality of shellfish productsThe concentration of each substance in the shell-
fish water or in shellfish flesh must not reach or
exceed a level which has harmful effects on the
shellfish and larvaeGas chromatograpny after extraction with
suitable solvents and purificationHalf-yearly
9. Metals
Silver Ag
Arsenic As
Cadmium CdChromium CrCopper Cu
Mercury Hg
Nickel NiLead Pb
Zinc Zn
mg/lThe concentration of each
substance in shellfish flesh
must be so limited that it
contributes in accordance
with Article 1, to the high
quality of shellfish productsThe concentration of each substance in the shell-
fish water or in the shellfish flesh must not
exceed a level which gives rise to harmful effects
on the shellfish and their larvae
The synergic effects of these metals must be
taken into considerationSpectrometry of atomic absorption preceded,
where appropriate, by concentration and/or
extractionHalf-yearly
10. Faecal
coliforms/100 ml≤300 in the shellfish flesh
and intervalvular liquid (
1)Method of dilution with fermentation in liquid
substrates in at least three tubes in three dilu-
tions. Subculturing of the positive tubes on a
confirmation medium. Count according to MPN
(most probable number). Incubation temperature
44oC ± 0·5oCQuarterly▼B1979L0923 —EN—23.12.1991 —001.004 —8
Parameter G I Reference methods of analysisMinimum sampling and
measuring frequency
11. Substances affecting the
taste of the shellfishConcentration lower than that liable to impair the
taste of the shellfishExamination of the shellfish by tasting where the
presence of one of these substances is presumed
12. Saxitoxin
(produced by dinoflagel-
lates)
Abbreviations: G = guide
I = mandatory
(1) However, pending the adoption of a Directive on the protection of consumers of shellfish products, it is essential that this value be observed in waters in which live shellfish directly edible by man.▼B1979L0923 —EN—23.12.1991 —001.004 —9