Directive 2006/113/EC of the European Parliament and of the Council of 12 December 2006 on the quality required of shellfish waters (codified version)
Date: 2006-12-12
Institutions: Council of the European Union, European Parliament
Subjects: approximation of laws, codification of EU law, environmental standard, pollution from ships, shellfish farming, territorial waters, water analysis, water pollution, water protection

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Official Journal of the European Union

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DIRECTIVE 2006/113/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 12 December 2006

on the quality required of shellfish waters

(codified version)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EURO-
PEAN UNION,

(6)

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

Having regard to the proposal from the Commission,

(7)

Having regard to the Opinion of the European Economic and
Social Committee,

After consulting the Committee of the Regions,

Acting in accordance with the procedure laid down in Article 251
of the Treaty (1),

Whereas:

(1)

(2)

(3)

(4)

(5)

Council Directive 79/923/EEC of 30 October 1979 on the
quality required of shellfish waters (2) has been substan-
tially amended (3). In the interests of clarity and rational-
ity the said Directive should be codified.

The protection and improvement of the environment
necessitate concrete measures to protect waters, including
shellfish waters, against pollution.

It is necessary to safeguard certain shellfish populations
from various harmful consequences, resulting from the
discharge of pollutant substances into the sea.

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 (4) provides
that quality objectives are to be jointly drawn up fixing
the various requirements which an environment must
meet, inter alia the definition of parameters for water,
including shellfish waters.

Differences between the provisions in force in the various
Member States as regards the quality required of shellfish
waters may create unequal conditions of competition and
thus directly affect the functioning of the internal market.

(1) Opinion of

the European Parliament delivered on 12 October
2006 (not yet published in the Official Journal) and Council Decision
delivered on 30. November 2006.

(2) OJ L 281, 10.11.1979, p. 47. Directive as amended by Directive

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

(3) See Annex II, Part A.
(4) OJ L 242, 10.9.2002, p. 1.

In order to attain the objectives of this Directive, the Mem-
ber States must designate the waters to which it will apply
and set limit values corresponding to certain parameters.
The waters so designated will have to conform to these
values within six years of designation.

For the purpose of checking the quality required of shell-
fish waters, a minimum number of samples should be
taken and the measurements relating to parameters set out
in Annex I should be carried out. Such sampling may be
reduced or discontinued in the light of the results of the
measurements.

Certain natural circumstances are beyond the control of
the Member States and it is therefore necessary to provide
for the possibility of derogating from this Directive in cer-
tain cases.

Technical and scientific progress may make necessary the
rapid adaptation of some of the requirements laid down
in Annex I. In order to facilitate the introduction of the
measures required for this purpose, a procedure should be
laid down establishing close cooperation between the
Member States and the Commission. Such cooperation
should take place in the Committee on Adaptation to
Technical and Scientific Progress set up by Article 13(1)
of Directive 2006/44/EC of the European Parliament and
of the Council of 6 September 2006 on the quality of fresh
waters needing protection or improvement in order to
support fish life (5).

(8)

(9)

(10)

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

HAVE 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 as needing protection or improvement in order to sup-
port shellfish (bivalve and gasteropod molluscs) life and growth
and thus to contribute to the high quality of shellfish products
directly edible by man.

(5) OJ L 264, 25.9.2006, p. 20.

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Article 2

(b) 95 % of the samples for the parameters ‘salinity’ and ‘dis-

solved oxygen’;

The parameters applicable to the waters designated by the Mem-
ber States are listed in Annex I.

Article 3

1. Member States shall, for the designated waters, set values
for the parameters listed in Annex I, in so far as values are given
in column G or I. They shall comply with the comments con-
tained in both columns.

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

3.
For discharges of effluents falling within parameters
‘organohalogenated substances’ and ‘metals’, the emission stan-
dards laid down by the Member States pursuant to Directive
2006/11/EC of the European Parliament and of the Council of
15 February 2006 on pollution caused by certain dangerous sub-
stances discharged into the aquatic environment of the Commu-
nity (1) shall be applied at the same time as the quality objectives
and the other obligations arising from this Directive, in particu-
lar those relating to sampling.

Article 4

1. Member States shall designate shellfish waters and may sub-
sequently make additional designations.

2. Member States may revise the designation of certain waters
owing in particular to factors unforeseen at the time of designa-
tion, 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 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.

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 samples of such waters, taken at the minimum fre-
quency 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 the comments contained in columns G and I of Annex I, as
regards:

(a) 100 % of the samples for the parameters ‘organohalogenated

substances’ and ‘metals’;

(1) OJ L 64, 4.3.2006, p. 52.

(c) 75 % of the samples for the other parameters listed in

Annex I.

If, in accordance with Article 7(2), the sampling frequency for
all the parameters in Annex I except ‘organohalogenated sub-
stances’ and ‘metals’ is lower than that indicated in Annex I, the
values and comments referred to in the first subparagraph of this
paragraph shall be complied with in the case of all the samples.

2.
Instances in which the values set by Member States in
accordance with Article 3 or the comments contained in col-
umns 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 such instances are the result 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 in Annex I.

2. 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 and no risk of deterioration in the quality
of the waters, the competent authority concerned 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 Annex I
is not respected, the competent authority 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
4.
the nearest point where pollutants are discharged and the depth
at which the samples are to be taken shall be fixed by the com-
petent authority of each Member State on the basis of local envi-
ronmental conditions in particular.

5.
The reference methods of analysis to be used for calculat-
ing the value of 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.

Article 8

Implementation of the measures taken pursuant to this Directive
may on no account lead, either directly or indirectly, to increased
pollution of coastal and brackish waters.

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Article 9

Article 14

Member States may at any time set more stringent values for des-
ignated waters than those laid down in this Directive. They may
also lay down provisions relating to parameters other 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 States shall consult each other in order to determine the
stretches of such waters to which this Directive might apply and
the consequences to be drawn from the common quality objec-
tives; these consequences shall be determined, after formal con-
sultations, by each Member State concerned. The Commission
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
scientific progress the G values for the parameters and the meth-
ods of analysis contained in Annex I shall be adopted by the
Committee set up by Article 13(1) of Directive 2006/44/EC in
accordance with the procedure referred to in Article 13(2)
thereof.

Article 13

For the purpose of applying this Directive, Member States

1.
shall provide the Commission with information concerning:

(a)

(b)

(c)

the waters designated in accordance with Article 4(1), in
summary form;

the revision of the designation of certain waters in accor-
dance with Article 4(2);

the provisions laid down in order to establish new param-
eters in accordance with Article 9.

2. Where a Member State applies the provisions of Article 11,
it shall forthwith notify the Commission thereof, stating its rea-
sons and the periods anticipated.

At intervals of three years, and for the first time for the period
from 1993 to 1995 inclusive, the Member States shall send infor-
mation to the Commission on the implementation of this Direc-
tive, 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 Com-
mission in accordance with the procedure referred to in
Article 6(2) of Council Directive 91/692/EEC of 23 Decem-
ber 1991 standardising and rationalising reports on the imple-
mentation 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 imple-
mentation of this Directive within nine months of receiving the
reports from the Member States.

Article 15

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.

Article 16

Directive 79/923/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, as set out in
Part B of Annex II.

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

Article 17

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

Article 18

This Directive is addressed to the Member States.

Done at Strasbourg, 12 December 2006.

3. More generally, Member States shall provide the Commis-
sion, on a reasoned request from the latter, with any informa-
tion necessary for the application of this Directive.

For the European Parliament
The President
J. BORRELL FONTELLES

For the Council
The President
M. PEKKARINEN

(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

QUALITY OF SHELLFISH WATERS

Parameter

G

I

Reference methods of
analysis

Minimum sampling and
measuring frequency

1.

pH

pH unit

2.

Temperature °C

7 — 9

— Electrometry

Quarterly

Measured in situ at
the time of sampling

— Thermometry

Quarterly

Measured in situ at
the time of sampling

A discharge
affecting
shellfish waters must not
cause the temperature of
the waters to exceed by
more than 2 °C the tem-
perature of waters not so
affected

3.

Coloration (after
mg Pt/l

filtration)

4.

Suspended solids mg/l

affecting
A discharge
shellfish waters must not
cause the colour of the
waters after filtration to
than
deviate by more
from the
10 mg
colour of waters not so
affected

Pt/l

affecting
A discharge
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

Quarterly

Quarterly

— Filter

through

a
0∙45 µm membrane

Photometric method,
using the platinum/
cobalt scale

— Filtration through a
0∙45 µm membrane,
drying at 105 °C and
weighing

— Centrifuging (for at
five minutes,
least
with mean accelera-
tion
to
2 800
3 200 g), drying at
105 °C and weighing

5.

Salinity ‰

12 to 38 ‰

≤ 40 ‰

Conductimetry

Monthly

Discharge affecting shell-
fish waters must not cause
their salinity to exceed by
more than 10 % the salin-
ity of waters not
so
affected

6.

Dissolved oxygen

≥ 80 %

≥ 70 % (average value)

Winkler’s method

(Saturation %)

Electrochemical method

individual
Should
an
indicate a
measurement
value lower than 70 %,
measurements
shall be
repeated

An individual measure-
ment may not indicate a
value of less than 60 %
unless there are no harm-
ful consequences for the
development of shellfish
colonies

Monthly, with a mini-
sample
mum of one
representative of
low
oxygen conditions on
the day of
sampling.
However, where major
daily variations are sus-
pected, a minimum of
two samples in one day
shall be taken

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Parameter

G

I

7.

Petroleum hydrocarbons

Hydrocarbons must not
be present in the shellfish
water in such quantities
as to:

— produce

visible
a
film on the surface of
the water and/or a
deposit on the shell-
fish,

— have harmful effects
on the shellfish

8.

Organohalogenated
substances

9.

Metals

Silver
Arsenic
Cadmium
Chromium
Copper
Mercury
Nickel
Lead
Zinc
mg/l

Ag
As
Cd
Cr
Cu
Hg
Ni
Pb
Zn

The 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 prod-
ucts

The concentration of each
substance in the shellfish
water or in shellfish flesh
must not reach or exceed
a level which has harmful
effects on the shellfish and
larvae

The 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 prod-
ucts

The concentration of each
substance in the shellfish
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 consideration

10.

Faecal coliforms/100 ml

≤ 300 in the shellfish flesh
and intervalvular liquid

11.

Substances affecting the taste
of the shellfish

12.

Saxitoxin
dinoflagellates)

(produced

by

Abbreviations:
G = guide
I = mandatory

Concentration lower than
that liable to impair the
taste of the shellfish

Reference methods of
analysis

Minimum sampling and
measuring frequency

Visual examination

Quarterly

Gas chromatography after
extraction with suitable
solvents and purification

Half-yearly

Half-yearly

Spectrometry of atomic
preceded,
absorption
where
by
concentration
and/or
extraction

appropriate,

Quarterly

in

Method of dilution with
fermentation
liquid
substrates in at least three
tubes in three dilutions.
Subculturing of the posi-
tive tubes on a confirma-
tion medium.
Count
according to MPN (most
Incu-
probable number).
bation
temperature
44 °C ± 0,5 °C

Examination of the shell-
fish by tasting where the
presence of one of these
substances is presumed

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ANNEX II

PART A

Repealed Directive with its amendment

Council Directive 79/923/EEC
(OJ L 281, 10.11.1979, p. 47)

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

Only Annex I, point (e)

PART B

List of time-limits for transposition into national law

(referred to in Article 16)

Directive

Time-limit for transposition

79/923/EEC

91/692/EEC

6 November 1981

1 January 1993

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ANNEX III

CORRELATION TABLE

Directive 79/923/EEC

This Directive

Article 1

Article 2

Article 3

Article 4(1) and (2)

Article 4(3)

Article 5

Article 1

Article 2

Article 3

Article 4(1)

Article 4(2)

Article 5

Article 6(1), first subparagraph, introductory sentence

Article 6(1), first subparagraph, introductory sentence

Article 6(1), first subparagraph, first indent

Article 6(1), first subparagraph, point (a)

Article 6(1), first subparagraph, second indent

Article 6(1), first subparagraph, point (b)

Article 6(1), first subparagraph, third indent

Article 6(1), first subparagraph, point (c)

Article 6(1), second subparagraph

Article 6(1), second subparagraph

Article 6(2)

Article 7

Article 8

Article 9

Article 10

Article 11

Article 12

Article 6(2)

Article 7

Article 8

Article 9

Article 10

Article 11

Article 12

Article 13, first paragraph, introductory sentence

Article 13(1), introductory sentence

Article 13, first paragraph, first indent

Article 13, first paragraph, second indent

Article 13, first paragraph, third indent

Article 13, second paragraph

Article 13, third paragraph

Article 14

Article 15(1)

Article 15(2)

—

—

Article 16

Annex

—

—

Article 13(1), point (a)

Article 13(1), point (b)

Article 13(1), point (c)

Article 13(2)

Article 13(3)

Article 14

—

Article 15

Article 16

Article 17

Article 18

Annex I

Annex II

Annex III