No C 108/76 Official  Journal  of the European  Communities 15. 5. 75 
Opinion  on the proposal  for a Council  Decision  on the reduction  of pollution  caused 
by certain  dangerous  substances  discharged  into  the  aquatic  environment  of the 
Community 
The text  referred  to the Committee  was  published  in Official  Journal  of the European 
Communities,  No  C 12 of 17 January  1975,  pages  4 to 6. 
A. LEGAL  BASIS  FOR  THE  OPINION 
On 31 October  1974,  the Council  referred  the above  mentioned  proposal  to the Economic 
and Social  Committee  under  Article  198  of the  Treaty  establishing  the European 
Economic  Community. 
B. OPINION  OF  THE  ECONOMIC  AND  SOCIAL  COMMITTEE 
The Economic  and Social  Committee  drew  up its Opinion  at its 128th  plenary  session, 
held in Brussels  on 26 and  27 February  1975. 
The Opinion  is published  below: 
THE  ECONOMIC  AND  SOCIAL  COMMITTEE, 
Having  regard  to the referral  on 4 November  1974 
by the Council  of the  European  Communities  of 
the proposal  for a Council  Decision  on the reduction 
of pollution  caused  by certain  dangerous  substances 
discharged  into  the  aquatic  environment  of the 
Community; 
Having  regard  to the Treaty  establishing  the Euro-
pean  Economic  Community  and,  in particular, 
Article  198  thereof; 
Having  regard  to the decision  taken  by its Bureau 
on 29 October  1974,  instructing  the  Section  for 
Protection  of the Environment,  Public  Health  and 
Consumer  Affairs  to draw  up an Opinion  and  a 
report  on the  matter; 
Having  regard  to the Opinion  adopted  by the Section 
for Protection  of the  Environment,  Public  Health 
and Consumer  Affairs  at its meeting  on 11 February 
1975,  and to the report  submitted  by the Rapporteur, 
Mr Schlitt; 
Having  regard  to the discussions  at its 128th  plenary 
session  of 26 and  27 February  1975,  sitting  of 
27 February, 
HAS  ADOPTED  THE  FOLLOWING  OPINION 
by a unanimous  vote: 
The Committee  approves  the proposal,  subject  to 
the following  comments: 1. General  comments 
1.1. The  objectives 
1.1.1.  The  Committee  warmly  welcomes  the 
Decision's  objectives  and  underlines  the need  for: 
— wide-ranging  and  simultaneous  action  by the 
Member  States  to protect  the  Community's 
aquatic  environment  against  pollution  in general 
and, more  particularly,  pollution  caused  by 
certain  persistent,  toxic  and  bio-accumulable 
products; 
— the coordination  of the measures  which  are to 
be carried  out  under  a number  of conventions, 
especially  the  Convention  for  the  prevention 
of marine  pollution  from  land-based  sources 
and the  draft  European  convention  for  the 
protection  of international  watercourses  against 
pollution; 
— the adoption  of rules  governing  the discharge  of 
certain  pollutants  into  freshwaters,  as a matter 
of top  priority; 
— the tracing  of dangerous  substances'  origins; 
— the listing  of substances  which  have  already 
been  recognized  as being  dangerous,  and  of 
substances  which  are considered  to be dangerous 
without  this  having  been  proved. 
1.1.2.  The  purpose  of the  listing  is to allow 
research  into  the probability  that  when  discharged 
into the aquatic  environment  such  substances  will 
15. 5. 75 Official  Journal  of the  European  Communities No C 108/77 
be dangerous  as agents  in that  environment.  In this 
context,  a distinction  should  be  made  between 
fresh  water,  brackish  water  and  salt  water.  Special 
attention  should  be paid  to relative  levels  of danger, 
for which  the decisive  factors  are the location  of the 
discharge  networks,  the  circumstances  of the  dis-
charge,  the  aquatic  environment  involved  and  the 
living  organisms  in that  aquatic  environment. 
1.1.3.  Consequently,  the Committee  welcomes  the 
fact that  the  'aquatic  environment  of the  Commu-
nity'  is understood  to mean  all running  and  static 
fresh  waters  in the  Member  States.  It agrees  with 
the Commission  that  the  Community  programme 
on the environment  adopted  by the Council  and  the 
representatives  of the Governments  of the  Member 
States  on 22 November  1973  (x),  cannot  be imple-
mented  if an artificial  distinction  is made  between 
national  and  international  running  and  static  fresh-
waters. 
1.1.4.  In  this  context,  the Committee  recommends 
a reduction  in the number  of conventions,  since  this 
would  make  it easier  for Member  States  to adopt 
the desired  coherent  approach.  The  existence  of too 
many  conventions  hampers  the  attainment  of the 
objective.  The  proposed  Decision  and  the  Stras-
bourg  convention  cover  the  matters  dealt  with  by 
the convention  for  the  protection  of the  Rhine 
against  chemical  pollution  (Rhine  convention),  and 
the Committee  therefore  wonders  whether  the Rhine 
Convention  can  be dispensed  with.  The  Council 
Decision  on the  reduction  of pollution  caused  by 
certain  dangerous  substances  discharged  into  the 
aquatic  environment  of the Community  should  also 
be harmonized  with  the draft  European  convention 
(Strasbourg  convention),  and  the  Committee  re-
commends  that  the  Strasbourg  convention  should 
therefore  not  be signed  until  it has  been  brought 
into line  with  the  present  draft  Council  Decision. 
1.1.5.  The  Committee  would  also  draw  the Com-
mission's  attention  to the  fact  that  groundwater 
which  might  be used  for  drinking  or industrial 
water  must  be protected  against  pollution. 
1.2. Legal  basis 
1.2.1.  The  Committee  recommends  that  the Deci-
sion should  be so worded  as to ensure  that  the use 
of Article  235  of the EEC  Treaty  as the legal  basis 
does  not  make  it impossible  to harmonize  the mea-
sures  proposed  in the  Commission's  document  in 
the fairly  near  future  on the basis  of Article  100  of 
the EEC  Treaty. 
1.3. Economic  and  social  aspects 
1.3.1.  The  Committee  stresses  that  social  safe-
guards  and  economic  stability  must  be maintained 
when  the  requisite  measures  for  protecting  the 
(x) OJ No C 112,  20. 12. 1973. aquatic  environment  are  implemented  (Article  104 
of the  EEC  Treaty). 
1.3.2.  In  order  to preclude  plant  shutdowns,  the 
requirements  regarding  the discharge  of effluent  into 
the aquatic  environment  should  only  be increased 
gradually  or plants  given  time  to conform.  In this 
connection  a distinction  could  be made  between 
old and  new  installations. 
1.3.3.  When  threshold  and  limit  values  as well 
as the  time  limits  for the  introduction  thereof  are 
laid down,  the  economic  repercussions  should  be 
assessed.  All  prohibitions  and  requirements  should 
be viewed  in the light  of their  potential  social  and 
economic  consequences. 
1.3.4.  Experts  from  the Member  States  and  the 
EEC  Commission  should  check  whether,  instead 
of laying  down  rigid  limit  values,  it would  not  be 
more  appropriate  to use  flexible  brackets  or mean 
values.  Exact  values  should,  however,  be used  in 
all cases. 
1.3.5.  The  values  to be laid  down  should  prima-
rily be geared  to the  requirements  imposed  by the 
uses to which  tracts  of water  are  put.  In  determi-
ning  these  uses  account  should  be taken  of,  inter 
alia, the population  density  and  level  of industria-
lization  in the surrounding  regions.  Consideration 
must  similarly  be given  to maintaining  and  improv-
ing the  quality  of natural  living  conditions. 
1.3.6.  The  Committee  thinks,  however,  that  the 
use of standards  which  vary  according  to the parti-
cular  tract  of water  or river  mouth  must  not  under 
any circumstances  lead  to significant  discrimination 
between  existing  undertakings  in the  same  sector, 
in that  some  undertakings  would  have  to invest 
heavily  while  others  would  be allowed  to pollute 
further  and  consequently  incur  less  costs.  This 
would,  in fact,  amount  to a reversal  of the  'polluter 
pays'  principle. 
1.3.7.  Whilst  endorsing  the  Commission's  view 
that Member  States  must  take  action  to encourage 
the recycling  and  recovery  of wastes,  the Committee 
feels  that  it is equally  important  for  the  Member 
States  to take  preventive  action  by adopting  mea-
sures  to (a)  promote  the  use  of materials  which 
can be re-used  or recycled  with  the least  outlay,  or 
(b) to discourage,  or in certain  cases  — after  inform-
ing the  Commission  — even  to restrict  or prohibit 
the use  of certain  materials. 
1.4. Research  with  due  regard  to social  and  economic 
aspects 
1.4.1.  Research  into  water  pollution  must  be 
promoted.  Special  attention  should  be paid  in the 
No C 108/78 Official  Journal  of the European  Communities 15. 5. 75 
course  of this  work  to the  social  and  economic 
aspects  in order  to achieve  a certain  balance  between 
these  aspects  and  environmental  protection. 
1.4.2.  Scientific  and  technical  progress,  including 
the development  and  testing  of purification  methods 
which  are more  effective  than  those  in use at pre-
sent,  justifies  laying  down  transition  periods  for the 
enforcement  of the  measures  provided  for  in the 
Decision.  Adequate  transition  periods  are  also 
necessary  for the development  and  testing  of techni-
cally  and  economically  promising  methods  for the 
extraction  of harmful  residues. 
1.4.3.  A  distinction  should  be made  between 
freshwater  and  sea water  pollution,  since  the respec-
tive biotopes,  are different  and,  more  particularly, 
there  are marked  legal  and  technological  differences 
between  the  protective  measures. 
1.4.4.  Unlike  the  EEC  Commission,  the  Com-
mittee  believes  that  the  discrepancies  between  the 
individual  conventions  lie in the way  in which  the 
harmful  substances  are  classified  in lists.  The 
Committee  thinks  that  the classification  of the harm-
ful substances  should  not be based  on the divergent 
objectives,  constraints,  implementing  procedures 
and time-scales  of the  individual  conventions. 
Rather,  the classification  must  rest  on uniform  crite-
ria. These  criteria  must  be in common  use  in the 
natural  sciences  and  the  ones  selected  must  show 
or indicate  the potential  danger  of the substances. 
1.4.5.  Classification  should  only  be carried  out 
if: 
(a) the factors  relevant  to the classification  can  be 
precisely  defined  and,  in addition, 
(b) their  interrelationships  can  be determined. 
1.4.6.  In  view  of the  intended  purpose  of this 
Decision,  it is not  sufficient  to give  only  general 
headings  for  certain  substances.  The  substances 
must  be individually  specified,  if further  pollution 
of the Community's  aquatic  environment  is to be 
avoided,  improvement  of water  quality  is to be 
promoted  and  social  and  economic  interests  safe-
guarded.  This  task  should  be entrusted  to experts. 
1.4.7.  The  aquatic  environment  is polluted  by 
agriculture,  industry  and  the  population  at large. 
Although  the extent  to which  these  sectors  indivi-
dually  contribute  to pollution  varies  from  region  to 
region,  they  should  be subject  to the same  conditions. This  applies  also  to threshold  and  limit  values.  In 
view  of this  pattern,  the  burdens  which  can  be 
borne  by the population  at large  and by the economy 
should  be taken  into  account  when  new  methods 
of measurement  and  treatment  are  applied. 
2. Specific  comments 
2.1. Article  1 
The Committee  suggests  that  the  present  text  be 
reworded  to make  it absolutely  clear  that  'aquatic 
environment  of the Community'  means  all running 
or static  freshwaters  in one  or more  Member 
States,  and  that  no distinction  is made  between 
national  and  international  waters. 
2.2. Article  2 
The Committee  assumes  that  the  inventory  will 
be drawn  up with  the aid of measuring  networks, 
as already  provided  for in the Paris  convention,  so 
that each  individual  discharge  does  not have  to be 
measured. 
2.3. Article  3 
The Committee  would  draw  the  Commission's 
attention  to the fact  that  when  applying  the propos-
ed measures  a distinction  should  be made  between: 
— the state  of the  aquatic  environment  (natural 
and artificial  aspects)  and 
— the use  to which  the  aquatic  environment  is 
put. 
Further  points  which  should  be examined  are: 
— the phased  reduction  of harmful  substances 
and 
— the granting  of periods  of grace  for old plants. 
Distortion  of competition  should  be precluded  here 
as far as possible.  The  Committee  would  refer  in 
this connection  to the  Communication  from  the 
Commission  to the Member  States  of 6 November 
1974  on the Community  framework  for State  aid to 
protect  the  environment.  According  to these 
guidelines,  aid may  be granted  in cases  where  under-
takings  get  into  difficulties  because  of additional 
burdens  imposed  by measures  to protect  the envi-
ronment,  and  the  threat  to these  undertakings' 
existence  gives  rise to social  and economic  problems 
of a regional  or sectoral  nature. 
2.4. Article  4 
The Committee  holds  the view  that  the deadlines 
proposed  by the Commission  are too short  for the 
measures  to be effectively  implemented. 
15. 5. 75 Official  Journal  of the  European  Communities No C 108/79 
2.5. Article  6 
Article  6 should  be brought  into  line  with  Article  2, 
in other  words,  the Member  States  should  forward 
to the  Commission  the  results  given  by national 
measuring  networks. 
2.6. Lists  1 and  II and  the  Annex 
The Committee  proposes  that  a new  catalogue  be 
compiled  of the substances  which  the Commission's 
draft  Decision  is to cover.  In view  of the Decision's 
aims,  there  is no need  for a breakdown  into  separate 
lists (classification). 
The criteria  for  inclusion  in the  catalogue  of sub-
stances  should  be based  on the  factors  taken  into 
account  by the  Commission,  viz.  persistence,  toxi-
city and  tendency  to accumulate  in living  organisms. Further,  if substances  are  biologically  harmless  or 
are rapidly  converted  in water  into  substances 
which  are  biologically  harmless,  they  should  be 
excepted. 
The specifications  of the  substances  in question 
must  be the same  in all Member  States  of the Com-
munity. 
Before  the substances  are  specified,  it is necessary 
for Member  States  to agree  on common  methods 
of analysis  which  give  reproducible  values  and  the 
smallest  possible  margin  of error. 
Done  at Brussels,  27 February  1975. 
The Chairman 
of the  Economic  and  Social  Committee 
Henri  CANONGE 
Opinion  on the proposal  for a Council  Directive  on the approximation  of the laws  of 
the Member  States  relating  to the  scales  of charges  for  the  testing  of gas  meters 
The text  referred  to the Committee  was  published  in Official  Journal  of the European 
Communities,  No  C 74 of 1 July  1974,  page  5. 
A. LEGAL  BASIS  FOR  THE  OPINION 
On 19 June  1974,  the Council  referred  the abovementioned  proposal  to the Economic 
and Social  Committee  under  Article  100  of the  Treaty  establishing  the  European 
Economic  Community. 
B. OPINION  OF  THE  ECONOMIC  AND  SOCIAL  COMMITTEE 
The Economic  and  Social  Committee  drew  up its Opinion  at its 128th  plenary  session, 
held in Brussels  on 26 and  27 February  1975. 
The Opinion  is published  below: 
THE  ECONOMIC  AND  SOCIAL  COMMITTEE, 
Having  regard  to the  referral  on 21 June  1974  by 
the Council  of the  European  Communities  of the 
proposal  for a Council  Directive  on the approxima-
tion of the laws  of the Member  States  relating  to the 
scales  of charges  for  the  testing  of gas  meters; 
Having  regard  to article  100  of the Treaty  establish-
ing the  European  Economic  Community; 
Having  regard  to the  decision  taken  by its Bureau 
on 25 June  1974,  instructing  the Section  for Indus-try, Commerce,  Crafts  and  Services  to draw  up an 
Opinion  and  a report  on the  matter; 
Having  regard  to the  Opinion  adopted  by  the 
Section  for  Industry,  Commerce,  Crafts  and  Ser-
vices  at its meeting  on 5 February  1975; 
Having  regard  to the report  submitted  by the Rap-
porteur,  Mr  Clark; 
Having  regard  to the discussion  at its 128th  plenary 
session  of 26 and  27  February  1975,  sitting  of 
27 February  1975.