11.8.83 Official Journal of the European Communities No C 215/3 
II 
(Preparatory Acts) 
COMMISSION 
Proposal for a Council Directive on limit values and quality objectives for discharges of 
hexachlorocyclohexane, and in particular lindane 
(Submitted by the Commission to the Council on 19 July 1983) 
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 Council Directive 76/464/EEC of 
4 May 1976 on pollution caused by certain dangerous 
substances discharged into the aquatic environment of 
the Community ('), and in particular Article 6 
thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European Par­
liament, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas, in order to protect the aquatic environment 
of the Community against pollution caused by certain 
dangerous substances, Article 3 of Directive 
76/464/EEC provides for a system of prior authori­
zation laying down emission standards for discharges 
of the substances appearing on List I in the Annex 
thereto; 
Whereas hexachlorocyclohexane (hereinafter referred 
to as HCH) and its lindane isomer are organo-
halogen compounds and are included in List I in view 
of their toxicity, persistence and bioaccumulation; 
Whereas Article 6 of Directive 76/464/EEC provides 
for the setting of limit values which the emission 
standards must not exceed and the setting of time 
limits for the application thereof; 
Whereas, since the pollution caused by discharges of 
these substances into water stems, to a large extent, 
almost entirely from the plants which produce, treat 
and, as a subordinate activity, formulate them on the 
same site; whereas limit values should therefore be set 
for this sector; Whereas provision should be made for the taking of 
additional measures by Member States in order to 
ensure that the measures adopted pursuant to this 
Directive do not increase air pollution, and specific 
provisions should be laid down for discharges of these 
substances into the air; 
Whereas Article 6 of Directive 76/464/EEC provides 
for the setting of quality objectives for List I sub­
stances; whereas the emission standards in the auth­
orizations may, as provided for in that Article, be 
adopted on the basis of those quality objectives; 
Whereas a specific monitoring procedure should be 
established in order to enable the Member States to 
prove that the quality objectives are being complied 
with; 
Whereas groundwater is the subject of Council 
Directive 80/68/EEC (2) and is excluded from the 
scope of this Directive; 
Whereas the Treaty has not provided certain powers 
relating to specific action which are necessary in 
connection with the protection of the environment 
and the improvement of the quality of life; whereas 
Article 235 of the Treaty should therefore be 
invoked, 
HAS ADOPTED THIS DIRECTIVE: 
Article 1 
1. This Directive: 
— in pursuance of Article 6 (1) of Directive 76/464/ 
EEC, lays down limit values for emission 
standards for HCH and its lindane isomer in 
discharges from industrial plants as defined in 
Article 2 (f) of this Directive, 
— in pursuance of Article 6 (2) of Directive 76/464/ 
EEC, lays down quality objectives for HCH and 
its lindane isomer in the aquatic environment, 
(') OJ No L 129, 18. 5. 1976, p. 23. (2) OJ No L 20, 26. 1. 1980, p. 43. 
No C 215/4 Official Journal of the European Communities 11.8.83 
— in pursuance of Article 6 (4) of Directive 76/464/ 
EEC, lays down the time limits for compliance 
with the conditions of the authorizations granted 
by the competent authorities of the Member 
States in the case of existing discharges, 
— in pursuance of Article 12 (1) of Directive 
76/464/EEC, lays down the reference methods of 
measurement enabling the concentration of HCH 
and its lindane isomer in discharges and in the 
aquatic environment to be determined, 
— in pursuance of Article 6 (3) of Directive 76/464/ 
EEC, establishes a procedure for monitoring the 
quality objectives, 
— requires Member States to cooperate with one 
another in the case of discharges affecting the 
waters of more than one Member State. 
2. This Directive applies to the waters referred to 
in Article 1 of Directive 76/464/EEC, with the 
exception of groundwater. 
Article 2 
For the purposes of this Directive: 
(a) 'HCH'means: 
the isomers of 1,2,3,4,5,6-hexachlorocyclohexane; 
(b) 'lindane' means: 
the gamma isomer of 1,2,3,4,5,6-hexachloro-
cyclohexane; 
(c) 'the non-lindane isomers' means: 
the sum of the isomers of 1,2,3,4,5,6-hexa-
chlorocyclohexane, excluding lindane; 
(d) 'limit values' means: 
the values specified in Annex I; 
(e) 'quality objectives' means: 
the requirements specified in Annex II; 
(f) 'industrial plant' means : 
a plant which is used for the production of HCH 
or for the treatment of HCH with a view to 
extracting lindane or manufacturing other sub­
stances; 
(g) 'existing plant' means: 
an industrial plant which is operational on 
1 January 1985; 
(h) 'new plant' means: 
— an industrial plant which has become oper­
ational after 1 January 1985, 
— an existing industrial plant whose capacity for 
the production or treatment of HCH has been 
substantially increased after 1 January 1985. Article 3 
1. The limit values, the time limits by which they 
must be complied with and the procedure for 
monitoring discharges are laid down in Annex I. 
The limit values shall apply at the point immediately 
preceding discharge into the waters referred to in 
Article 1 (2) or into a public sewage system. 
2. The authorizations provided for in Article 3 of 
Directive 76/464/EEC must contain provisions at 
least as stringent as those in Annex I to this Directive, 
except in cases where a Member State is complying 
with Article 6 (3) of Directive 76/464/EEC on the 
basis of Annexes II and IV to this Directive. 
The authorizations shall be reviewed at least every 
four years. 
3. "Without prejudice to their obligations arising 
out of paragraphs 1 and 2 and the provisions of 
Directive 76/464/EEC, Member States may grant 
authorizations for new plants only if such authori­
zations contain a reference to the standards 
corresponding to the best technical means available 
for preventing discharges of HCH. 
Whatever the method it adopts, a Member State, 
where for technical reasons the intended measures do 
not conform to the best technical means available, 
shall provide the Commission, before any authori­
zation, with the justifications for these reasons. 
Within three months, the Commission shall send a 
report to the Member States stating its opinion on the 
derogation referred to in the second subparagraph. 
4. The reference method of analysis for 
determining the presence of HCH is given in Annex 
III. 1. Other methods may be used provided that the 
limits of detection, precision and accuracy of such 
methods are at least as exacting as those laid down in 
Annex III.l. The accuracy required in the 
measurement of effluent flow is given in Annex III.2. 
5. With a view to ensuring inter alia that the 
objectives of this Directive are not circumvented 
through an increase in air pollution, the competent 
authority of the Member State concerned shall make 
discharges of HCH into the air subject to an authori­
zation laying down emission standards. 
Article 4 
The Member States concerned shall be responsible for 
monitoring the aquatic environment affected by 
discharges from industrial plants. 
11.8.83 Official Journal of the European Communities No C 215/5 
In the case of discharges affecting the waters of more 
than one Member State, the Member States 
concerned shall cooperate with a view to harmonizing 
monitoring procedures. 
Article 5 
1. From the information to be supplied to it by the 
Member State pursuant to Article 13 of Directive 
76/464/EEC, on receipt of a request which it must 
submit in each case, in particular concerning: 
— the details of authorizations laying down emission 
standards with regard to discharges of HCH into 
the aquatic environment and into the air, 
— the results of the monitoring carried out by the 
national network set up to determine 
concentrations of HCH, 
the Commission shall make a comparative assessment 
of the implementation of this Directive by the 
Member States. 
2. Every five years the Commission shall forward 
to the Council the comparative assessment referred to 
in paragraph 1. In the event of a change in scientific knowledge 
relating principally to the toxicity, persistence and 
accumulation of HCH in living organisms and 
sediments or in the event of an improvement in the 
best technical means available, the Council shall 
adjust the limit values and the quality objectives, 
reinforcing them if necessary, on a proposal from the 
Commission. 
Article 6 
1. Member States shall take the measures necessary 
to comply with this Directive before 1 January 1985. 
They shall forthwith inform the Commission thereof. 
2. Member States shall communicate to the 
Commission the text of the provisions of national law 
which they adopt in the field governed by this 
Directive. 
Article 7 
This Directive is addressed to the Member States. 
ANNEX I 
Limit values, time limits for compliance with these values, and procedure for monitoring discharges 
1. The limit values for the sectors of industry concerned are contained in the following table: 
Sector of industry 
1. Plant for the production 
of HCH 
2. Plant for the treatment of 
HCH with a view to 
extracting lindane or 
producing other sub­
stances (b) 
3. Plant where, on the same 
site, HCH is produced 
and HCH is treated with 
a view to extracting 
lindane or producing 
other substances (b) Limit value expressed as 
maximum concentration (a) 
(mg of HCH per litre of 
effluent discharged) 
8 
7 
19 
15 
25 
20 Limit value expressed as 
maximum quantity 
(g of HCH per tonne 
ofHCH production or 
treatment capacity) 
8 
7 
19 
15 
25 
20 Average value 
Daily 
Monthly 
Daily 
Monthly 
Daily 
Monthly 
(a) The limit values expressed in terms of concentration which are indicated in this column apply for a 
quantity of wastewater discharged of one cubic metre per tonne of HCH production or treatment ca­
pacity. For other quantities of wastewater, the concentration limit values should be altered by dividing the 
values indicated in this column by the quantities in cubic metres of wastewater discharged per tonne of 
HCH production or treatment capacity. 
(b) The limit values indicated in the table also include any discharges resulting from the fomulation of 
lindane on the same site. 
No C 215/6 Official Journal of the European Communities 11.8.83 
2. Time limits 
The time limit for compliance with the limit values is 1 January 1985. 
3. Procedure for verifying emission standards 
The average daily concentration of HCH in the effluent must be measured by analyzing a 
sample of the effluent taken over a period of one day according to the flow. The total flow 
during the same period must also be measured. 
The daily weight shall be calculated by multiplying the average daily concentration of HCH by 
the total flow for the day. The daily weight, expressed in grams, shall be divided by the weight 
of HCH, expressed in tonnes, treated on the same day. 
The monthly weight of HCH shall be calculated by adding the daily weights for the month. The 
monthly weight, expressed in grams, shall be divided by the weight of HCH, expressed in 
tonnes, treated in the same month. 
The monthly average concentration shall be calculated by dividing the monthly weight by the 
sum of the daily flows for the month. 
An industrial plant shall be deemed to have satisfied the requirements of this Annex where, in 
any period of one year, 95 % of the samples taken and analyzed in accordance with the 
procedure defined in Annex IV are in conformity with the emission standard applicable. 
ANNEX II 
Quality objectives 
For those Member States which apply the exception provided for in Article 6 (3) of Directive 
76/464/EEC, the emission standards which Member States must establish and ensure are applied, 
pursuant to Article 5 of that Directive, shall be fixed so that the appropriate quality objective(s) 
from among those listed below is (are) complied with in the area affected by discharges of HCH. 
The competent authority shall determine the area affected in each case and shall select from among 
the quality objectives listed in paragraph 1 the objective(s) that it deems appropriate having regard 
to the intended use of the area affected, taking account of the fact that the purpose of this Directive 
is to eliminate all pollution. 
1. In order to eliminate pollution as defined in Directive 76/464/EEC, and pursuant to Article 2 
of that Directive, the following quality objectives are set: 
1.1. Quality objectives for lindane 
1.1.1. The concentration of lindane in inland surface waters must not exceed 10 ng/1. 
1.1.2. The concentration of lindane in estuary waters and territorial sea waters must not exceed 
10 ng/1. 
1.1.3. In the case of water intended for the abstraction of drinking water, the concentration of 
lindane must not exceed 1 % of the 'total pesticides' values shown in Directive 75/440/EEC 
(parameter 34, first column of Annex II). 
1.2. Quality objectives for non-lindane isomers 
1.2.1. The total concentration of non-lindane isomers in inland surface waters must not exceed 
10 ng/1. 
1.2.2. The total concentration of non-lindane isomers in estuary waters and territorial sea waters 
must not exceed 10 ng/1. 
1.2.3. In the case of water intended for the abstraction of drinking water, the total concentration of 
non-lindane isomers must not exceed 1 % of the 'total pesticides' value shown in Directive 
75/440/EEC (parameter 34, first column of Annex II). 
11.8.83 Official Journal of the European Communities No C 215/7 
2. The total concentration of HCH in sediments or in shellfish must not increase significantly 
with time. 
3. Where several quality objectives are applied to waters in an area, the quality of the waters 
must be sufficient to meet each of them. 
4. The quality objectives indicated above shall apply as from 1 January 1985. 
5. The quality objectives indicated above shall be regarded as having been met where, in any 
period of one year at least 95 % of the samples meet the relevant quality objective. 
6. Concentrations exceeding those indicated above will not be taken into consideration if they 
are the result of flooding, natural disasters or meteorological conditions. 
7. The quality of the waters must be sufficient to comply with the requirements of any other 
Council Directive applicable to such waters as regards the presence of HCH. 
ANNEX III 
Methods of measurement 
1. Reference method of analysis for freshwater and seawater 
The reference method of analysis for determining the concentration of the substances in question 
in discharges and in waters shall be gas or liquid chromatography with electron capture detection 
after extraction by means of an appropriate solvent and purification. 
The accuracy (') and precision (*) of the method must be ± 50 % at a concentration which 
represents twice the value of the limit of detection. 
The limit of detection (') must be: 
— in the case of discharges, one-tenth of the concentration required at the point of sampling, 
— in the case of waters subject to a quality objective, one-fifth of the concentration indicated in 
the quality objective, 
— in the case of sediments and shellfish, one-fifth of the concentration of the sample. 
2. Flow measurements must be carried out to an accuracy of ± 20 %. 
(') See the definitions in Council Directive 79/869/EEC concerning the methods of measurement and frequencies 
of sampling and analysis of surface water intended for the abstraction of drinking water in the Member States 
(OJ No L 271, 29. 10. 1979, p. 44). 
ANNEX IV 
Procedure for monitoring quality objectives 
1. For each authorization granted in pursuance of this Directive, the competent authority shall 
specify the restrictions, the monitoring procedure and time limits for ensuring compliance with 
the quality objective(s) concerned. 
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2. In accordance with Article 6 (3) of Directive 76/464/EEC, the Member States shall report to the 
Commission for each quality objective chosen and applied, on: 
— the points of discharge and the means of dispersal, 
— the area in which the quality objective is applied, 
— the location of sampling points, 
— the frequency of sampling, 
— the methods of sampling and of measurement, 
— the results obtained. 
3. Samples must be sufficiently representative of the quality of the aquatic environment in the area 
affected by the discharges, and the frequency of sampling must be sufficient to show any changes 
in the aquatic environment.