Directive 2006/11/EC of the European Parliament and of the Council of  15 February 2006  on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community (Codified version)   (Text with EEA relevance)
Date: 2006-02-15
Institutions: Council of the European Union, European Parliament
Subjects: codification of EU law, dangerous substance, environmental standard, exchange of information, pollution control measures, water pollution

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DIRECTIVE 2006/11/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 15 February 2006

on pollution caused by certain dangerous substances discharged into the aquatic environment of
the Community

(Codified version)

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

(3)

Several conventions are designed to protect international
watercourses and the marine environment from pollu-
tion.
coordinated
to ensure
important
implementation of these conventions.

the

is

It

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

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and
Social Committee (1),

After consulting the Committee of the Regions,

(4) Discrepancies between the provisions applicable in the
various Member States with regard to the discharge of
certain dangerous substances into the aquatic environ-
ment may give rise to unequal conditions of competition
and thus have a direct influence on the functioning of the
internal market.

(5) Decision No 1600/2002/EC of the European Parliament
and of the Council of 22 July 2002 laying down the Sixth
Community Environment Action Programme (5), pro-
vides for a number of measures to protect fresh water
and sea water from certain pollutants.

Acting in accordance with the procedure laid down in
Article 251 of the Treaty (2),

(6)

Whereas:

(1) Council Directive 76/464/EEC of 4 May 1976 on
substances
pollution caused by certain dangerous
discharged into the aquatic environment of the Com-
munity (3) has been significantly amended on several
occasions (4). In order to clarify matters, a codification of
the provisions in question should be drawn up.

(2) There is a need for general and simultaneous action by
the Member States to protect the aquatic environment of
the Community from pollution, particularly that caused
by certain persistent,
toxic and bioaccumulable sub-
stances.

(7)

(1) OJ C 117, 30.4.2004, p. 10.
(2) Opinion of the European Parliament of 26 October 2004 (OJ
C 174 E, 14.7.2005, p. 39) and Council Decision of 30 January
2006.

(3) OJ L 129, 18.5.1976, p. 23. Directive as last amended by
Directive 2000/60/EC of the European Parliament and of the
Council (OJ L 327, 22.12.2000, p. 1).
See Part A of Annex II.

(4)

it

the Community,

In order to ensure effective protection of the aquatic
environment of
is necessary to
establish a first list, called List I, of certain individual
substances selected mainly on the basis of their toxicity,
persistence and bioaccumulation, with the exception of
those which are biologically harmless or which are
rapidly converted 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 given
area and which depends on the characteristics and
location of the water into which such substances are
discharged. Any discharge of these substances should be
subject to prior authorisation which specifies emission
standards.

Pollution through the discharge of the various dangerous
substances within List I must be eliminated. Limit values
were fixed by the Directives referred to in Annex IX to
Directive 2000/60/EC of the European Parliament and of
the Council of 23 October 2000 establishing a frame-
work for Community action in the field of water
policy (6). Article 16 of Directive 2000/60/EC provides
for the procedures for developing the control measures
and environmental quality standards applicable
to
priority substances.

(5) OJ L 242, 10.9.2002, p. 1.
(6) OJ L 327, 22.12.2000, p. 1. Directive as amended by Decision

No 2455/2001/EC (OJ L 331, 15.12.2001, p. 1).

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(8)

It is necessary to reduce water pollution caused by the
substances within List II. To this end Member States
should establish programmes which incorporate envir-
onmental quality standards for water, drawn up in
compliance with Council Directives, where they exist.
The emission standards applicable to such substances
should be calculated in terms of these environmental
quality standards.

(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 appreciable increase in salinity due to the
presence of sea water;

(d)

‘discharge’ means
the introduction into the waters
referred to in Article 1 of any substances in List I or
List II of Annex I, with the exception of:

(9)

It is appropriate for one or more Member States to be
able,
to take measures more
stringent than those provided for under this Directive.

individually or jointly,

(i)

discharges of dredgings;

(10) An inventory of discharges of certain particularly
dangerous substances into the aquatic environment of
the Community should be drawn up in order to know
where they originated.

(11)

It may be necessary to revise and, where required,
supplement Lists I and II of Annex I on the basis of
if appropriate by transferring certain sub-
experience,
stances from List II to List I.

(12) 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 Part B of Annex II,

(ii) operational discharges from ships in territorial

waters;

(iii) 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 of which are such as to cause
hazards to human health, harm to living resources and to
aquatic ecosystems, damage to amenities or interference
with other legitimate uses of water.

Article 3

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Subject to Article 7, this Directive shall apply to:

Member States shall take the appropriate steps to eliminate
pollution of
the waters referred to in Article 1 by the
dangerous substances in the families and groups of substances
in List I of Annex I, hereinafter referred to as ‘List I substances’,
and to reduce pollution of the said waters by the dangerous
substances in the families and groups of substances in List II of
Annex I, hereinafter referred to as ‘List II substances’,
in
accordance with this Directive.

(a)

inland surface water;

(b)

territorial waters;

(c)

internal coastal waters.

Article 2

For the purposes of this Directive:

(a)

(b)

‘inland surface water’ means all static or flowing fresh
surface water situated in the territory of one or more
Member States;

‘internal coastal waters’ means waters on the landward
side of the base line from which the breadth of territorial
in the case of water-
waters is measured, extending,
courses, up to the fresh water limit;

Article 4

With regard to List I substances:

(a)

(b)

(c)

all discharges into the waters referred to in Article 1
which are liable to contain any such substance, shall
require prior authorisation by the competent authority of
the Member State concerned;

the authorisation shall lay down emission standards with
regard to discharges of any such substance into the
waters referred to in Article 1 and, where this is
necessary for the implementation of this Directive, to
discharges of any such substance into sewers;

authorisations may be granted for a limited period only.
They may be renewed, taking into account any changes
in the emission limit values laid down by the Directives
referred to in Annex IX to Directive 2000/60/EC.

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Article 5

3. The programmes referred to in paragraph 1 shall include
environmental quality standards for water; these shall be laid
down in accordance with Council Directives, where they exist.

1. The emission standards laid down in the authorisations
granted pursuant to Article 4 shall determine:

(a)

(b)

the maximum concentration of a substance permissible
in a discharge. In the case of dilution, the emission limit
value laid down by the Directives referred to in Annex IX
to Directive 2000/60/EC shall be divided by the dilution
factor;

the maximum quantity of a substance permissible in a
discharge during one or more specified periods of time,
expressed,
the
pollutant per unit of the characteristic element of the
polluting activity (e.g. unit of weight per unit of raw
material or per product unit).

if necessary, as a unit of weight of

if necessary,

For each authorisation, the competent authority of the
2.
Member State concerned may,
impose more
stringent emission standards than those resulting from the
application of the emission limit values laid down by the
Directives referred to in Annex IX to Directive 2000/60/EC,
taking into account in particular the toxicity, persistence and
bioaccumulation of the substance concerned in the environ-
ment into which it is discharged.

3.
If the discharger states that he is unable to comply with
the required emission standards, or if this situation is evident
to the competent authority in the Member State concerned,
authorisation shall be refused.

Should the emission standards not be complied with, the
4.
competent authority in the Member State concerned shall take
all appropriate steps
the conditions of
authorisation are fulfilled and, if necessary, that the discharge
is prohibited.

to ensure that

4. The programmes may also include specific provisions
governing the composition and use of substances or groups of
substances and products and shall take into account the latest
economically feasible technical developments.

5. The programmes shall set deadlines for their implementa-
tion.

6.
Summaries of the programmes and the results of their
implementation 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. If it
sees fit, it shall submit relevant proposals to the European
Parliament and to the Council to this end.

Article 7

Member States shall take all appropriate steps to implement
measures adopted by them pursuant to this Directive in such a
way as not to increase the pollution of waters to which
Article 1 does not apply. They shall in addition prohibit all
acts which intentionally or unintentionally circumvent the
provisions of this Directive.

Article 8

The application of
to this
Directive may on no account lead, either directly or indirectly,
to increased pollution of the waters referred to in Article 1.

the measures taken pursuant

Article 6

Article 9

1.
In order to reduce pollution of the waters referred to in
Article 1 by List II substances, Member States shall establish
programmes in the implementation of which they shall apply
in particular the methods referred to in paragraphs 2 and 3.

Where appropriate, one or more Member States may
individually or jointly take more stringent measures than
those provided for under this Directive.

2. All discharges into the waters referred to in Article 1
which are liable to contain any List II substances, shall require
prior authorisation by the competent authority in the Member
State concerned, in which emission standards shall be laid
down. Such standards shall be based on the environmental
quality standards, which shall be fixed as provided for in
paragraph 3.

Article 10

The competent authority shall draw up an inventory of the
discharges into the waters referred to in Article 1 which may
contain List I substances to which emission standards are
applicable.

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Article 11

Article 12

1. At intervals of three years, and for the first time for the
period 1993 to 1995 inclusive, 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. This report shall
be drawn up on the basis of a questionnaire or outline drafted
by the Commission in accordance with the procedure referred
to in Article 6 of Council Directive 91/692/EEC of
23 December 1991 standardising and rationalising reports
on the implementation of certain Directives relating to the
environment (1). 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 Commission shall publish a Community report on the
implementation of
the Directive within nine months of
receiving the reports from the Member States.

The European Parliament and the Council, acting on a
proposal from the Commission, which shall act on its own
initiative or at the request of a Member State, shall revise and,
where necessary, supplement Lists I and II of Annex I on the
basis of experience,
if appropriate, by transferring certain
List II substances to List I.

Article 13

Directive 76/464/EEC is hereby 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
Part B of Annex II.

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

Article 14

2.
Information acquired as a result of the application of
paragraph 1 shall be used only for the purpose for which it
was requested.

This Directive shall enter into force on the 20th day following
its publication in the Official Journal of the European Union.

3. The Commission and the competent authorities of the
Member States, their officials and other servants shall not
disclose information acquired by them pursuant
to this
Directive and of a kind covered by the obligation of
professional secrecy.

Article 15

This Directive is addressed to the Member States.

Done at Strasbourg, 15 February 2006.

4. The provisions of paragraphs 2 and 3 shall not prevent
publication of general information or surveys which do not
contain information relating to particular undertakings or
associations of undertakings.

For the European Parliament

For the Council

The President

The President

J. BORRELL FONTELLES

H. WINKLER

(1) OJ L 377, 31.12.1991, p. 48. Directive as amended by
Regulation (EC) No 1882/2003 of the European Parliament
and of the Council (OJ L 284, 31.10.2003, p. 1).

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ANNEX I

List I of families and groups of substances

List I contains certain individual substances which belong to the following families and groups of substances, selected
mainly on the basis of their toxicity, persistence and bioaccumulation, with the exception of those which are
biologically harmless or which are rapidly converted into substances which are biologically harmless:

1.

2.

3.

4.

organohalogen compounds and substances which may form such compounds in the aquatic environment;

organophosphorus compounds;

organotin compounds;

substances which have been proved to possess carcinogenic properties in or via the aquatic environment (1);

5. mercury and its compounds;

6.

7.

cadmium and its compounds;

persistent mineral oils and hydrocarbons of petroleum origin;

and for the purposes of implementing Articles 3, 7, 8 and 12:

8.

persistent synthetic substances which may float, remain in suspension or sink and which may interfere with any
use of the waters.

List II of families and groups of substances

List II contains:

— substances belonging to the families and groups of substances in List I for which the emission limit values laid
down by the Directives referred to in Annex IX to Directive 2000/60/EC have not been determined by those
Directives,

— certain individual substances and categories of substances 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 depends on the characteristics and location of the water into which such substances are discharged.

Families and groups of substances referred to in the second indent

1.

The following metalloids and metals and their compounds:

1.

2.

3.

4.

5.

zinc

copper

nickel

6.

7.

8.

selenium

arsenic

antimony

11.

tin

12. barium

13. beryllium

chromium

9. molybdenum

14.

boron

16.

17.

18.

19.

vanadium

cobalt

thalium

tellurium

lead

10.

titanium

15. uranium

20.

silver

2.

Biocides

and their derivatives not appearing in List I.

(1) Where certain substances in List II are carcinogenic, they are included in category 4 of this list.

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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 of silicon, 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 of phosphorus and elemental phosphorus.

6.

Non‑persistent mineral oils and hydrocarbons of petroleum origin.

7.

Cyanides,

fluorides.

8.

Substances which have an adverse effect on the oxygen balance, particularly:

ammonia,

nitrites.

Statement on Article 7

With regard to the discharge of waste 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.

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ANNEX II

PART A

REPEALED DIRECTIVE WITH ITS SUCCESSIVE AMENDMENTS

(referred to in Article 13)

Council Directive 76/464/EEC (OJ L 129, 18.5.1976, p. 23)

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

Annex I, point (a) only

Directive 2000/60/EC of the European Parliament and of the
Council (OJ L 327, 22.12.2000, p. 1)

Only as regards the reference in Article 22(2),
fourth indent, to Article 6 of Directive 76/
464/EEC

PART B

LIST OF TIME LIMITS FOR TRANSPOSITION INTO NATIONAL LAW

(referred to in Article 13)

Directive

Time limit for transposition

76/464/EEC

91/692/EEC

2000/60/EC

—

1 January 1993

22 December 2003

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ANNEX III

CORRELATION TABLE

Directive 76/464/EEC

This Directive

Article 1(1), introductory wording

Article 1, introductory wording

Article 1(1), first indent

Article 1(1), second indent

Article 1(1), third indent

Article 1(1), fourth indent

Article 1(a)

Article 1(b)

Article 1(c)

—

Article 1(2), introductory wording

Article 2, introductory wording

Article 1(2)(a), (b) and (c)

Article 1(2)(d), first indent

Article 1(2)(d), second indent

Article 1(2)(d), third indent

Article 1(2)(e)

Article 2

Article 2(a), (b) and (c)

Article 2(d)(i)

Article 2(d)(ii)

Article 2(d)(iii)

Article 2(e)

Article 3

Article 3, introductory wording

Article 4, introductory wording

Article 3, point 1

Article 3, point 2

Article 3, point 3

Article 3, point 4

Article 4

Article 5

Article 7

Article 8

Article 9

Article 10

Article 11

Article 12

Article 13

Article 14

—

—

Article 15

Annex

—

—

Article 4(a)

Article 4(b)

—

Article 4(c)

—

Article 5

Article 6

Article 7

Article 8

Article 9

Article 10

—

Article 11

Article 12

Article 13

Article 14

Article 15

Annex I

Annex II

Annex III