Proposal for a Directive of the European Parliament and of the Council on the quality of fresh waters needing protection or improvement in order to support fish life (Codified version)
Date: 2004-01-19
Institutions: European Commission
Subjects: EC Directive, codification of EU law, environmental protection, environmental standard, fish, freshwater, quality of the environment

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 19.1.2004
COM(2004) 19 final

2004/0002 (COD)

Proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on the quality of fresh waters needing protection or improvement in order to support
fish life

(presented by the Commission)

(Codified version)

EN

  EN

1.

2.

3.

4.

1

2

3

4

EXPLANATORY MEMORANDUM

In  the  context  of  a  people’s  Europe,  the  Commission  attaches  great  importance  to
simplifying  and  clarifying  Community  law  so  as  to  make  it  clearer  and  more
accessible to the ordinary citizen, thus giving him new opportunities and the chance
to make use of the specific rights it gives him.

This aim cannot be achieved so long as numerous provisions that have been amended
several times, often quite substantially, remain scattered, so that they must be sought
partly  in  the  original  instrument  and  partly  in  later  amending  ones.  Considerable
research work, comparing many different instruments, is thus needed to identify the
current rules.

For  this  reason  a  codification  of  rules  that  have  frequently  been  amended  is  also
essential if Community law is to be clear and transparent.

On  1  April  1987  the  Commission  therefore  decided1  to  instruct  its  staff  that  all
legislative acts should be codified after no more than ten amendments, stressing that
this is a  minimum requirement  and  that  departments  should  endeavour  to  codify  at
even  shorter  intervals  the  texts  for  which  they  are  responsible,  to  ensure  that  the
Community rules are clear and readily understandable.

The  Conclusions  of 
the  Edinburgh  European  Council
(December 1992) confirmed this2, stressing the importance of codification as it offers
certainty as to the law applicable to a given matter at a given time.

the  Presidency  of 

Codification  must  be  undertaken  in  full  compliance  with  the  normal  Community
legislative procedure.

Given  that  no  changes  of  substance  may  be  made  to  the  instruments  affected  by
codification, the European Parliament, the Council and the Commission have agreed,
by  an  interinstitutional  agreement  dated  20  December  1994,  that  an  accelerated
procedure may be used for the fast-track adoption of codification instruments.

is 

this  proposal 

to  undertake  a  codification  of  Council
The  purpose  of 
Directive 78/659/EEC  of  18  July  1978  on  the  quality  of  fresh  waters  needing
protection  or  improvement  in  order  to  support  fish  life3.  The  new  Directive  will
supersede  the  various  acts  incorporated  in  it4;  this  proposal  fully  preserves  the
content of the acts being codified and hence does no more than bring them together
with only such formal amendments as are required by the codification exercise itself.

COM(87) 868 PV.
See Annex 3 to Part A of the Conclusions.
Carried out pursuant to the Communication from the Commission to the European Parliament and the
Council – Codification of the Acquis communautaire, COM(2001) 645 final.
See Annex III, Part A of this proposal.

2

 
                                                
5.

The codification proposal was drawn up on the basis of a preliminary consolidation,
in all official languages, of Directive 78/659/EEC and the instruments amending it,
carried out by the Office for Official Publications of the European Communities, by
means  of  a  data-processing  system.  Where  the  Articles  have  been  given  new
numbers, the correlation between  the  old and the new  numbers  is  shown  in  a  table
contained in Annex IV to the codified Directive.

3

 
(cid:1) 78/659/EEC

2004/0002 (COD)

Proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on the quality of fresh waters needing protection or improvement in order to support
fish life

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular
Article (cid:2) 175(1) (cid:3) thereof,

(cid:1) 78/659/EEC (adapted)

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and Social Committee1,

Having regard to the opinion of the Committee of the Regions2,

Acting in accordance with the procedure laid down in Article 251 of the Treaty3,

Whereas:

(1)

Council  Directive  78/659/EEC  of  18  July  1978  on  on  the  quality  of  fresh  waters
needing protection or improvement in order to support fish life4 has been substantially
amended  several  times5.  In  the  interests  of  clarity  and  rationality  the  said  Directive
should be codified.

(cid:1) 

1

2

3

4

5

OJ C
OJ C
OJ C
OJ  L  222,  14.8.1978,  p.  1.  Directive  as  last  amended  by  Council  Regulation  (EC)  No  807/2003
(OJ L 122, 16.5.2003, p. 36).
See Annex III, Part A.

4

 
                                                
(2)

(3)

The protection and improvement of the environment necessitates concrete measures to
protect  waters  against  pollution,  including  waters  capable  of  supporting  freshwater
fish.

(cid:1) 78/659/EEC Recital 1

(cid:1) 78/659/EEC Recital 2

It  is  necessary  from  the  ecological  and  economic  viewpoint  to  safeguard  fish
populations  from  various  harmful  consequences,  resulting  from  the  discharge  of
pollutant substances into the waters, such as, in particular, the reduction in number of
fish  belonging  to  a  certain  species  and  even  in  some  cases  the  disappearance  of  a
number of these species.

(cid:1) 78/659/EEC Recital 3 (adapted)
(4) (cid:2) Decision  No  1600/2002/EC  of  the  European  Parliament  and  of  the  Council  of
22 July 2002 laying down the Sixth Community Environment Action Programme6 has
the  objective  of  achieving  levels  of  water  quality  that  do  not  give  rise  to  significant
impacts on or to the environment. (cid:3)

(5)

(6)

(7)

(cid:1) 78/659/EEC Recital 6 (adapted)
In order to attain the objectives of (cid:2) this (cid:3) 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. Action will be taken to ensure that the waters so
designated will conform to these values within five years of this designation.

Provision should be made that waters capable of supporting freshwater fish will, under
certain conditions, be deemed to conform  to  the relevant  parametric  values  even if a
certain percentage of samples taken does not comply with the limits specified.

(cid:1) 78/659/EEC Recital 7 (adapted)

(cid:1) 78/659/EEC Recital 8

To ensure that the quality of waters capable of supporting freshwater fish is checked, a
minimum  number  of  samples  should  be  taken  and  the  measurements  relating  to
specified parameters be carried out. Such sampling may be reduced or discontinued in
the light of the quality of the water.

6

(cid:1) OJ L 242, 10.9.2002, p. 1 (cid:2) .

5

 
                                                
(8)

The  Member  States  are  unable  to  control  certain  natural  circumstances  and  it  is
therefore necessary to provide for the possibility of derogating from this Directive in
certain cases.

(cid:1) 78/659/EEC Recital 9

(cid:1) 78/659/EEC Recital 10
(adapted)

(9)

Technical and scientific progress may make necessary the rapid adaptation of certain
of the requirements laid down in (cid:2) Annex I (cid:3). In order to facilitate the introduction
of the measures required for this purpose, a procedure should  be  laid down whereby
close  cooperation  would  be  established  between  the  Member  States  and  the
Commission within a Committee on Adaptation to Technical and Scientific Progress.

(cid:1) 

(10)

(11)

The measures necessary for the implementation of this Directive should be adopted in
accordance  with  Council  Decision  1999/468/EC  of  28  June  1999  laying  down  the
procedures for the exercise of implementing powers conferred on the Commission7.

This  Directive  should  be  without  prejudice  to  the  obligations  of  the  Member  States
relating to the time-limits for transposition into national law of the Directives set out in
Annex III, Part B,

HAVE ADOPTED THIS DIRECTIVE:

(cid:1) 78/659/EEC

Article 1

1.

2.

3.

This  Directive  concerns  the  quality  of  fresh  waters  and  applies  to  those  waters
designated by the Member States as needing protection or improvement in order to
support fish life.

This  Directive  shall  not  apply  to  waters  in  natural  or  artificial  fish  ponds  used  for
intensive fish-farming.

The  aim  of  this  Directive  is  to  protect  or  improve  the  quality  of  those  running  or
standing  fresh  waters  which  support  or  which,  if  pollution  were  reduced  or
eliminated, would become capable of supporting fish belonging to:

7

OJ L 184, 17.7.1999, p. 23.

6

 
                                                
(cid:1) 78/659/EEC (adapted)

(cid:2) (a) (cid:3) indigenous species offering a natural diversity (cid:2) ; (cid:3) or

(cid:2) (b) (cid:3) species 

the  presence  of  which 

is 

judged  desirable  for  water

management purposes by the competent authorities of the Member States.

4.

For the purposes of this Directive:

(cid:2) (a) (cid:3) salmonid waters shall mean waters which support or become capable of
supporting fish belonging to species such as salmon (Salmo salar), trout (Salmo
trutta), grayling (Thymallus thymallus) and whitefish (Coregonus) (cid:2) ; (cid:3)

(cid:2) (b) (cid:3) cyprinid waters shall mean waters which support or become capable of
supporting fish belonging to the cyprinids (Cyprinidae), or  other species  such
as pike (Esox lucius), perch (Perca fluviatilis) and eel (Anguilla anguilla).

Article 2

The  physical  and  chemical  parameters  applicable  to  the  waters  designated  by  the  Member
States are listed in Annex I.

For the purposes of applying these  parameters,  waters  are  divided into  salmonid waters  and
cyprinid waters.

(cid:1) 78/659/EEC

Article 3

1.

2.

Member States shall, for the designated waters, set values for the parameters listed in
Annex I, in so far as values are listed in column G or in column I. They shall comply
with the comments contained in each of these two columns.

Member  States  shall  not  set  values  less  stringent  than  those  listed  in  column  I  of
Annex I and shall endeavour to respect the values in column G taking into account
the principle set out in Article 8.

(cid:1) 78/659/EEC (adapted)

Article 4

1.

Member States shall designate salmonid waters and cyprinid waters (cid:2) and (cid:3) may
subsequently make additional designations.

(cid:2) 2. (cid:3) Member States may revise the  designation  of  certain  waters  owing  to  factors
unforeseen  at  the  time  of  designation,  taking  into  account  the  principle  set  out  in
Article 8.

7

 
(cid:1) 78/659/EEC

Article 5

Member  States  shall  establish  programmes  in  order  to  reduce  pollution  and  to  ensure  that
designated  waters  conform  within  five  years  following  designation  in  accordance  with
Article 4  to  both  the  values  set  by  the  Member  States  in  accordance  with  Article  3  and  the
comments contained in columns G and I of Annex I.

1.

2.

1.

2.

Article 6

For the purposes of implementing Article 5, the designated waters shall be deemed to
conform  to  the  provisions  of  this  Directive  if  samples  of  such  waters,  taken  at  the
minimum  frequency  specified  in  Annex  I  at  the  same  sampling  point  and  over  a
period of 12 months, show that they conform to both the values set by the Member
States in accordance with Article 3 and to the comments contained in columns G and
I of Annex I, in the case of:

(cid:1) 78/659/EEC (adapted)

(cid:2) (a) (cid:3) 95%  of  the  samples  for  the  parameters:  pH,  BOD5,  non-ionized
ammonia,  total  ammonium,  nitrites,  total  residual  chlorine,  total  zinc,  and
dissolved copper. When the sampling frequency is lower than one sample per
month,  both  the  abovementioned  values  and  comments  shall  be  respected  for
all the samples (cid:2) ; (cid:3)

(cid:2) (b) (cid:3) the  percentages  listed  in  Annex  I  for  the  parameters:  temperature  and

dissolved oxygen (cid:2) ; (cid:3)

(cid:2) (c) (cid:3) the average concentration set for the parameter: suspended solids.

(cid:1) 78/659/EEC

Instances in which the values set by Member States in accordance with Article 3 or
the comments contained in columns G and I of Annex I are not respected shall not be
taken  into  consideration  in  the  calculation  of  the  percentages  provided  for  in
paragraph 1 when they are the result of floods or other natural disasters.

Article 7

The competent authorities in the Member States shall carry out sampling operations,
the minimum frequency of which is laid down in Annex I.

Where  the  competent  authority  records  that  the  quality  of  designated  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
Annex I, the frequency of the sampling may be reduced. Where there is no pollution

8

 
3.

4.

5.

or  no  risk  of  deterioration  in  the  quality  of  the  waters,  the  competent  authority
concerned may decide that no sampling is necessary.

If sampling shows that a value set by a Member State in accordance with Article 3 or
a  comment  contained  in  either  of  columns  G  or  I  of  Annex  I  is  not  respected,  the
Member  State  shall  establish  whether  this  is  the  result  of  chance,  a  natural
phenomenon or pollution and shall adopt appropriate measures.

The  exact  sampling  point,  the  distance  from  this  point  to  the  nearest  point  where
pollutants are discharged and the depth at which the samples are to be taken shall be
fixed  by  the  competent  authority  of  each  Member  State  on  the  basis  of  local
environmental conditions in particular.

Certain  reference  methods  of  analysis  for  the  parameters  concerned  are  set  out  in
Annex  I.  Laboratories  which  employ  other  methods  shall  ensure  that  the  results
obtained are equivalent or comparable to those specified in Annex I.

Implementation  of  the  measures  taken  pursuant  to  this  Directive  may  on  no  account  lead,
either directly or indirectly, to increased pollution of fresh water.

Article 8

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

When fresh waters cross or form national frontiers between Member States and when one of
these States considers designating these waters, these States shall consult each other in order
to  determine  the  stretches  of  such  waters  to  which  the  Directive  might  apply  and  the
consequences to be drawn from the common quality objectives; these consequences shall be
determined,  after  formal  consultations,  by  each  State  concerned.  The  Commission  may
participate in these deliberations.

The Member States may derogate from this Directive:

Article 11

(a)

(b)

in  the  case  of  certain  parameters  marked  (0)  in  Annex  I,  because  of  exceptional
weather or special geographical conditions;

when designated waters undergo natural enrichment in certain substances, so that the
values set out in Annex I are not respected.

Natural enrichment means the process whereby, without human intervention, a given
body of water receives from the soil certain substances contained therein.

9

 
(cid:1) 78/659/EEC (adapted)

Article 12

Such  amendments  as  are  necessary  for  adapting  to  technical  and  scientific  progress  the  G
values for the parameters, and the methods of analysis, contained in Annex I shall be adopted
in accordance with the procedure (cid:2) referred to (cid:3) in Article (cid:2) 13(2) (cid:3) .

(cid:1) 807/2003 Art. 3 and Annex III,
pt. 26 (adapted)

Article 13

The Commission shall be assisted by the Committee on Adaptation to Technical and
Scientific Progress (cid:2) hereinafter referred to as “the Committee” (cid:3).

Where  reference 
Decision 1999/468/EC shall apply, (cid:2) in compliance with Article 8 thereof (cid:3).

this  (cid:2) paragraph (cid:3),  Articles  5  and  7  of

is  made 

to 

1.

2.

The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three
months.

3.

The Committee shall adopt its rules of procedure.

(cid:1) 78/659/EEC Art. 15

Article 14

For  the  purposes  of  applying  this  Directive,  Member  States  shall  provide  the  Commission
with information concerning:

(cid:2) (a) (cid:3) the  waters  designated 

form (cid:2) ; (cid:3)

(cid:1) 78/659/EEC Art. 15 (adapted)

in  accordance  with  Article  4(1), 

in  summary

(cid:2) (b) (cid:3) the  revision  of  the  designation  of  certain  waters  in  accordance  with

Article 4 (cid:2) (2) (cid:3) (cid:2) ; (cid:3)

(cid:2) (c) (cid:3) the  provisions  laid  down  in  order  to  establish  new  parameters  in  accordance

with Article 9 (cid:2) ; (cid:3)

(cid:2) (d) (cid:3) the  application  of  the  derogations  from  the  values  listed  in  column  I  in

Annex I.

10

 
More generally, Member States shall provide the Commission, on a reasoned request from the
latter, with any information necessary for the application of this Directive.

(cid:1) 78/659/EEC Art. 15

(cid:1) 91/692/EEC Art. 2, pt. 1 and
Annex I, pt. (c) (adapted)

Article 15

At intervals of three  years  Member  States shall send  information to  the Commission on the
implementation of this Directive, in the form of a sectoral report which shall also cover other
pertinent Community Directives. The report shall be drawn up on the basis of a questionnaire
or outline drafted by the Commission in accordance with the procedure laid down in Article 6
of (cid:2) Council (cid:3)  Directive  91/692/EEC8.  The  questionnaire  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  period
covered by it.

The first report shall cover the period 1993 to 1995 inclusive.

The  Commission  shall  publish  a  Community  report  on  the  implementation  of  the  Directive
within nine months of receiving the reports from the Member States.

(cid:1) 78/659/EEC Art. 17 (adapted)

Article 16

Member  States  shall  communicate  to  the  Commission  the  texts  of  the  main  provisions  of
national law which they adopt in the field governed by this Directive.

(cid:1) 

Article 17

Directive 78/659/EEC, as amended by the acts listed in Annex III, Part A, is repealed, without
prejudice to the obligations of the Member States relating to the time-limits for transposition
into national law of the Directives set out in Annex III, Part B.

References  to  the  repealed  Directive  shall  be  construed  as  references  to  this  Directive  and
shall be read in accordance with the correlation table in Annex IV.

8

OJ L 337, 31.12.1991, p. 48.

11

 
                                                
This Directive shall enter into force on the twentieth day following that of its publication in
the Official Journal of the European Union.

Article 18

(cid:1) 78/659/EEC Art. 18

Article 19

This Directive is addressed to the Member States.

Done at Brussels,

For the European Parliament
The President

For the Council
The President

12

 
(cid:1) 78/659/EEC (adapted)

ANNEX I

LIST OF PARAMETERS

Parameter

Salmonid waters

Cyprinid waters

G

I

G

I

Methods of analysis or
inspection

Minimum sampling
and measuring
frequency

Observations

1.

1.
Temperature
(°C)

Temperature  measured  downstream  of  a  point
of thermal discharge (at the edge of the mixing
zone)  must  not  exceed 
the  unaffected
temperature by more than:

Thermometry

Weekly, both upstream
and downstream of the
point of thermal
discharge

Over-sudden
variations in
temperature shall be
avoided

1.5 °C

3 °C

Derogations limited in geographical scope may
be  decided  by  Member  States  in  particular
conditions if the competent authority can prove
that there are no harmful consequences  for the
balanced development of the fish population

13

 
2.

Thermal  discharges  must  not  cause 
the
temperature downstream of the point of thermal
discharge  (at  the  edge  of  the  mixing  zone)  to
exceed the following:

21.5 (0)

10 (0)

28 (0)

10 (0)

The  10  °C  temperature  limit  applies  only  to
breeding  periods  of  species  which  need  cold
water  for  reproduction  and  only  to  waters
which may contain such species

Temperature limits may, however, be exceeded
for 2 % of the time.

14

 
Winkler's method or
specific electrodes
(electro-chemical
method)

Monthly, minimum
one sample
representative of low
oxygen conditions of
the day of sampling

However, where major
daily variations are
suspected, a minimum
of two day samples in
one day shall be taken

2.  Dissolved
oxygen  (mg/l
O2)

50 % ≥ 9

50 % ≥ 9

50 % ≥ 8

50 % ≥ 7

100 % ≥ 7

100 % ≥ 5

When the
oxygen
concentration
falls below
6 mg/l,
Member
States shall
implement
the
provisions of
Article 7(3).
The
competent
authority
must prove
that this
situation will
have no
harmful
consequences
for the
balanced
development
of the fish
population

When the
oxygen
concentration
falls below
4 mg/l,
Member
States shall
implement
the
provisions of
Article 7(3).
The
competent
authority
must prove
that this
situation will
have no
harmful
consequences
for the
balanced
development
of the fish
population

15

 
3. pH

6 to 9 (0)1

6 to 9 (0)1

4.  Suspended
solids (mg/l)

≤ 25 (0)

≤ 25 (0)

BOD5

5. 
(mg/l O2)

≤ 3

≤ 6

Monthly

Electrometry
calibration by means
of two solutions with
known pH values,
preferably on either
side of, and close to
the pH being measured

Filtration through a
0.45 µm filtering
membrane, or
centrifugation (five
minutes minimum,
average acceleration of
2 800 to 3 200 g)
drying at 105°C and
weighing

Determination of O2
by the Winkler method
before and after five
days incubation in
complete darkness at
20 ± 1°C (nitrification
should not be
inhibited)

The values shown are
average concentrations
and do not apply to
suspended solids with
harmful chemical
properties

Floods are liable to
cause particularly high
concentrations

16

 
Total

6. 
phosphorus
(mg/l P)

Molecular absorption
spectrophotometry

17

In the case of lakes of
average depth between 18
and 300 m, the following
formula could be applied:

(L ≤ (10( Z /Tw))(1 +
√Tw))

where:

L =

Z  =

Tw =

per 

loading
expressed  as  mg
square
P 
metre 
lake
in  one
surface 
year

mean  depth  of
lake in metres

theoretical
renewal  time  of
in
lake  water 
years

In other cases limit values
of 0.2 mg/l for salmonid
and of 0.4 mg/l for cyprinid
waters, expressed as PO4,
may be regarded as
indicative in order to
reduce eutrophication

 
Nitrites

7. 
(mg/l NO2)

8.  Phenolic
compounds

(mg/l
C6H5OH)

9.  Petroleum
hydrocarbons

≤ 0.01

≤ 0.03

2

3

2

3

Molecular absorption
spectrophotometry

By taste

Visual

By taste

Monthly

Non-

10. 
ionized
ammonia
(mg/l NH3)

≤ 0.005

≤ 0.025

≤ 0.005

≤ 0.025

In order to diminish the risk of toxicity due to non-
ionized ammonia, of oxygen consumption due to
nitrification and of eutrophication, the concentrations of
total ammonium should not exceed the following:

Monthly

Molecular absorption
spectrophotometry
using indophenol blue
or Nessler's method
associated with pH and
temperature
determination

18

An examination by
taste shall be made
only where the
presense of phenolic
compounds is
presumed

A visual examination
shall be made
regularly once a
month, with an
examination by taste
only where the
presence of
hydrocarbons is
presumed

Values for non-ionized
ammonia may be
exceeded in the form
of minor peaks in the
daytime

 
≤ 0.04

≤ 14

≤ 0.2

≤ 14

≤ 0.005

≤ 0.005

DPD-method (dietyl-
p-phenylenediamene)

Monthly

Total

11. 
ammonium
(mg/l NH4)

Total

12. 
residual
chlorine
(mg/l HOCl)

13. Total zinc
(mg/l Zn)

≤ 0.3

≤ 1.0

Atomic absorption
spectrometry

Monthly

The I-values
correspond to pH = 6

Higher concentrations
of total chlorine can be
accepted if the pH is
higher

The I-values
correspond to a water
hardness of 100 mg/l
CaCO3

For hardness levels
between 10 and
500 mg/l
corresponding limit
values can be found in
Annex II

19

 
14. Dissolved
copper  (mg/l
Cu)

≤ 0.4

≤ 0.04

Atomic absorption
spectrometry

The G-values
correspond to a water
hardness of 100 mg/l
CaCO3

For hardness levels
between 10 and
300 mg/l
corresponding limit
values can be found in
Annex II

1

2

3

4

Artificial pH variations with respect to the unaffected values shall not exceed ± 0.5 of a pH unit within the limits falling between 6.0 and 9.0 provided
that these variations do not increase the harmfulness of other substances present in the water.
Phenolic compounds must not be present in such concentrations that they adversely affect fish flavour.
Petroleum products must not be present in water in such quantities that they:
–
–
–
In particular geographical or climatic conditions and particularly in cases of low water temperature and of reduced nitrification or where the competent
authority can prove that there are no harmful consequences for the balanced development of the fish population, Member States may fix values higher
than 1 mg/l.

form a visible film on the surface of the water or form coatings on the beds of water-courses and lakes,
impart a detectable «hydrocarbon» taste to fish,
produce harmful effects in fish.

General observation:

It  should  be  noted  that  the  parametric  values  listed  in  this  Annex  assume  that  the  other  parameters,  whether  mentioned  in  this  Annex  or  not,  are
favourable. This implies, in particular, that the concentrations of other harmful substances are very low.

Where two or more harmful substances are present in mixture, joint effects (additive, synergic or antagonistic effects) may be significant.

(cid:2) Abbreviations: (cid:3)

20

 
G

I

(0)

=

=

=

guide.

mandatory.

derogations are possible in accordance with Article 11.

_________________

21

 
(cid:1) 78/659/EEC

ANNEX II

PARTICULARS REGARDING TOTAL ZINC AND DISSOLVED COPPER

Total zinc

(see Annex I, No 13, «Observations» column)

Zinc concentrations  (mg/l  Zn)  for different  water hardness  values between 10 and 500  mg/l
CaCO3:

Salmonid waters (mg/l Zn)

Cyprinid waters (mg/l Zn)

Water hardness (mg/l CaCO3)

10

0.03

0.3

50

0.2

0.7

100

0.3

1.0

500

0.5

2.0

Dissolved copper

(See Annex I, No 14, «Observations» column)

Dissolved  copper  concentrations  (mg/l  Cu)  for  different  water  hardness  values  between  10
and 300 mg/l CaCO3:

mg/l Cu

1

Water hardness (mg/l CaCO3)

10

50

0.0051

0.022

100

0.04

300

0.112

The presence of fish in waters containing higher concentrations of copper may indicate a
predominance of dissolved organo-cupric complexes.

________________

22

 
(cid:2)

ANNEX III

Part A

Repealed Directive with its successive amendments
(referred to in Article 17)

Council Directive 78/659/EEC (OJ L 222,
14.8.1978, p. 1)9

Council Directive 91/692/EEC (OJ L 377,
31.12.1991, p. 48)

Annex I, point (c) only

Council Regulation (EC) No 807/2003 (OJ L
122, 16.5.2003, p. 36)

Annex III, point 26 only

Part B

List of time-limits for transposition into national law
(referred to in Article 17)

Directive

Time-limit for transposition

78/659/EEC

91/692/EEC

20 July 1980

1 January 1993

_____________

9

Directive 78/659/EC has also been amended by the following unrepealed acts:
- Act of Accession of Greece;
- Act of Accession of Spain and Portugal;
- Act of Accession of Austria, Finland and Sweden.

23

 
                                                
ANNEX IV

CORRELATION TABLE

Directive 78/659/EEC

This Directive

Article 1(1) and (2)

Article 1(1) and (2)

Article 1(3), introductory phrase

Article 1(3), introductory phrase

Article 1(3), first indent

Article 1(3), second indent

Article 1(3)(a)

Article 1(3)(b)

Article 1(4), introductory phrase

Article 1(4), introductory phrase

Article 1(4), first indent

Article 1(4), second indent

Article 1(4)(a)

Article 1(4)(b)

Article 2(1)

Article 2(2)

Article 3

Article 4(1) and (2)

Article 4(3)

Article 5

Article 2, first subparagraph

Article 2, second subparagraph

Article 3

Article 4(1)

Article 4(2)

Article 5

Article 6(1), introductory phrase

Article 6(1), introductory phrase

Article 6(1), first indent

Article 6(1), second indent

Article 6(1), third indent

Article 6(2)

Article 7

Article 8

Article 9

Article 10

Article 11

Article 12

Article 6(1)(a)

Article 6(1)(b)

Article 6(1)(c)

Article 6(2)

Article 7

Article 8

Article 9

Article 10

Article 11

Article 12

24

 
Article 13(1)

Article 14

 --

Article 13

Article 15, first subparagraph, introductory
phrase

Article 14, first subparagraph, introductory
phrase

Article 15, first subparagraph, first indent

Article 14, first subparagraph, point (a)

Article 15, first subparagraph, second indent

Article 14, first subparagraph, point (b)

Article 15, first subparagraph, third indent

Article 14, first subparagraph, point (c)

Article 15, first subparagraph, fourth indent

Article 14, first subparagraph, point (d)

Article 15, second subparagraph

Article 14, second subparagraph

Article 16

Article 17(1)

Article 17(2)

_______

_______

Article 18

Annex I

Annex II

_______

_______

Article 15

_____

Article 16

Article 17

Article 18

Article 19

Annex I

Annex II

Annex III

Annex IV

_____________

25