CELEX: 51976PC0570
Language: en
Date: 1976-11-03
Title: PROPOSAL FOR A COUNCIL DIRECTIVE relating to the quality requirements for waters favourable to shellfish growth (presented by the Commission to the Council)

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COM (76) 570
Vol. 1976/0174
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                COM(76)570 final.
                                                Brussels , 3 November 1976*
                        PROPOSAL FOR A COUNCIL DIRECTIVE
            relating -to    the quality requirements for waters
                          favourable to shellfish growth
                  (presented by the Commission to the Council )
   C0M(7 6) 570 final .
 ---pagebreak---                                                            EW157/ 76-E
                                  SOMSWOT
The aim of the following proposal for a directive is to lay down the
quality requirements for waters favourable to shellfish growth .       It
is based cn the principles outlined in the programme of environmental
action of the European CoiMSunities adopted by the Council on
22 November 1973 ( OJ No C 112 , 1973 ) which defines the quality
objectives for water and sear-water in particular .
In order to attain this objective the proposal for a directive :
– fixes the values cf the parameters which characterize the
  quality requirements of waters - favourable to shellfish growth ; •_
– lays dovm the minimum sampling frequency for the water under
  consideration ;
– specifies the reference methods cf analysis to be used .
 ---pagebreak---   !                                             -2-                 jEMV/157/76–E
       I.   EXPLANATORY MEMQRA1T!JJM
       Introduction
       All the changes which man is currently making in the marine environment
. 1-;  tenJ, despite a certain ability to control this environment , to modify
       its characteristics to such an extent that the natural balance cculd
      ,be-seriocs ly distJirbecL fxxxi a -considerable period.
       The problem is particularly acute as regards coastal waters and estuary
       areas where the effects of pollutants can be more harmful because of the
       ecological fragility of these areas «
       In these waters the naturally«»ocurring beds of shellfish or the
       shellfish–farming areas ( oysters , mussels , clams , cockles , 3callops ,
       periwinkles etc. ).. are very extensive and generally exploited for human
       consumption .
       In order to prevent and combat water pollution, the Programme of
       Environmental Action of the European Communities ( l ) specifies that the
       Community programme must . define the quality objectives and more Yv.o-' - *.
       particularly establish a series of reference parameters end numerical
       values relating to the various uses and functions of the water and in
       particular of water favourable to shellfish growth .
       2.   AEl
       The purpose of defining quality objectives for water favourable to
       shellfish growth , which is the subject of this directive , is to encourage
       the increase of the shellfish population under suitable conditions . In
       fixing the parameters and numerical values whioh characterize the quality
       of the v;ater, due account was taken as far as possible of the effects of
       each parameter not only on the survival of this population at the
       different stages of its life cycle but also the effects on its growth and
       reproduction, and the effects on other constituent elements of the
       aquatic ecosystem which may supply it with food.
        (!) OJ Ho C 112 , 20th December 1973 .
 ---pagebreak---                                         - 3 -                  EW/157/7
These quality objectives are not incompatible with national or Community              . .
rules concerning consumer health protection .
This proposal , however , deals with the problems of human c'orjsurapti on of
those shellfish solely as regards the changes in the flavour of the
shellfish meat brought about by certain substanoee *
For the purpose of this directives
( a) the term "waters favourable to shellfish growth" means se,>-water or
      areas thereof where there are naturally^^oupringbeds and/cr farms
      for raising shellfish , in particular oysters , mussels , clams , cockles , ""
      scallops , periwinkles.
(b ) the term "areas favourable to shellfish growth" means any placo
      whore the water is favourable to shellfish growth .
3•    EXISTTK ? CO?DTTIPITS ATSID ROLES
Examination of the legal situation in the Member States reveals that
there are few specific laws relating to shellfish breeding .         All the
Member States , however , have adopted general texts protecting sea-water
against direct or indirect 'discharged of pollutants'.       In doing' this ,
the Member States -have so far preferred a system of rules concerning            '
the discharge of pollutants        rather than the fixing of quality
 objectives
 In the Federal Republic of Germany , the general law concerning the pro­
tection of surface waters (Wasserhauekaltsgesetz 27 - 7 - 1957 ) also
 applies to coastal xvaters ;     it provides that substances can be discharged
 into coastal Waters only if they- - are non-polluting and do ; not cause any
 degradation of the- quality of the water ,                        - » '     V -
 The Land S<ihleswif?-Hclstein enacted a special law protecting the breeding :
 of.,itrussel£ ( Schleswig-Holsteinische Gesetz zum Schutze der Muschelfischerei
 28 August 1953 SVBL 1953 - S Iii ). .                                   ...       •:
 ---pagebreak---                                                            EW 157/76-E
 In Belgium the law of 26 March 1971 on the protection of surfacv waters
 against pollution also applies to coastal waters . Article 2 prohibits
 the discharge of any polluting substance except in the case of authorized
 discharges of waste water . Article 5 (Chapter 1 ) requires prior ,,
authorization for - any discharge into coastal waters ,
In Denmark the problem is regulated by the 1973 law on the protection of
the environment . Chapter 4 of this law applies to- discharges in all
water, including sea–water. Paragraph 17 prohibits the discharge of
polluting substances into water .
!The law relating to fishing in maritime waters ( law No 159 of May 1965 )
prohibits the discharge of waste and chemical substances into sear-water
if the said discharges can have a harmful effect on fish life .
                                              ....                    'X
Iq France the law of 1964 (No 64*-l245 ) relating tc the oontrol and the
division of waters and to measures against the pollution thereof applies
to direct or indirect discharge flow, dumping and deposition of materials
of any kind which are bound to cause or to increase degradation of the .
waters , whether surface or underground waters or sea-water within the
limits of the territorial waters by modifying their physical , chemical ,
biological or bacteriological characteristics .
Certain specific texts concern the protection of sea fishing.       .
In Ireland the problem is regulated by the Fisheries ( Consolidation)
Acts of 1959 end 1962 . Paragraph 172 of the 1959 law prohibits the .
discharge of any substance which has a , harmful effect on fish . or on the
quality of water favourable to fish-breeding.     These laws also apply
to coastal waters . Paragraph 253 of the 1959 law provides for the
protection of molluscs and prohibits the discharge of any substance likely
 to harm oysters or their habitats . Under section 282.. the same
prohibition applies to places where mussels and scallops are found.
 ---pagebreak---                                       - 5 -                    EHV/'I57/76-B
In Italy Article 15(d ) of the general law relating to maritime fishing
( Law No $62 of 14-7 • 19^5 ) prohibits the use of toxic substances which
could kill fish and. other aquatic organisms or harm the biological
resources of maritime waters .
In harbour areas; all activities causing pollution are prohibited and
controlled ( R^golamento DPR 15/2/1952 No* 328 ); the aim of this ban is
to protect the fishing areas .
In the Nethe rlands the 19^9 law on the pollution of surface water 3
inoludes coastal waters .      Article 1 of this law prohibits the unauthorized
discharge into water of wastes pollutants or noxious substances .
Authorisation is granted or refused in the light of the local situation
and it is normally accompanied by conditions protecting fisn life ,          tinder
this law it is possible to establish quality standards for water .          To date
suoh standards have not been adopted .
In the United Kingdom the lav; concerned is the Sea Fisheries Regulation
Act 1966 .   Article 5(1 )* ( ° )     ( d ), provides for the adoption of
secondary legislation prohibiting the discharge of any substance likely
to harm maritime fishing and for the adoption of regulations protecting
and encouraging the development ■ of- all types of crustaceans .
In view of the legal situation in the Member States and sinos the Treaty
has not provided for the necessary powers to attain these objectives
Articles 100 and 235 should be invoked as the legal basis- for the proposed
directive .                                                             ; •   ■■
The Opinion of the European Parliament and of the Economic and Social
Committee is required in accordance with the provisions of theee Articles .
 ---pagebreak---                                         -.6 -               ENV/ 1 57,'76-2
4, COMIIEM'S ON THE | PREPARATION OF TEE) PROPOSED DIRECTIVE
4«1 General Comments                                                  t     ■
In accordance with the Programme of Environment el Action of the European
ConuLuaities the Commission convened a group of national experts in order
to assist it in preparing the technical section of this proposed directive .
This group, which met five times , provided information on the legal
situation in the Member States . The group advised the Commission on the
drawing–up of the list of parameters and the numerical values to he applied
at Community level and also on the . definitions .
4.2 Sccpe'              "                          «
The proposed directive concerns the quality requirements . for waters
favourable to shellfish growth, which, "by decision of the competent
authorities of each Member State , are or will be defined as Taeing in need V
of protection to allow of the development of the shellfish population under
favourable conditions .
The proposed directive is applicable to waters favourable to shellfish growth
in natural or artifical basins where there are naturally-occurring beds or
shel Ifisl>-farming areas .
4*3 The parameters and their numerical values .
The values for the parameters given in the Annex , characterize waters
favourable to shellfish growth.
Although the . : parameters given in the Annex to this proposal were considered
separately , the interaction of their effects vri.th other characteristics of
the quality of the water has been indicated and quantified in certain cases .
The synergic effects due to the simultaneous presence of various noxious
substances were not taken account of systematically .
 ---pagebreak---                                       - 7 -                   EW 157/ 76-3
In this case the values assigned to the parameters can be modified,
considerably in relation to the values indicated in the proposed directive .
Certain noxious substances can have sublethal effects even at considerably
lower levels than those which are know to be directly harmful a       The
responsible authorities should talce this into account and lay down specific
provisions in these individual cases .
The parameters relating to radioactivity are not given in the list
considered in the proposed directive .      They must conform to the provisions
in force in the Member States®
                                                                    *
The list of parameters given in the Annex should not be considered as
exhaustive .   In the case of certain pollutants the available data v;a3 too
incomplete to allow of including figures in the proposals .      Consequently ,
the fact that certain parameters are not listed does not mean that they
are not harmful to shellfish .
As' was already indicated , the values given in the Annex to this proposal
apply solely where the concentration of the other substances in waters
favourable to shellfish growth is very low .      For all these reasons the
requirements set out in Article 7 concerning the nox>-degradation of good
quality water must, be strictly applied without, exception .
The letters used to indicate the values assigned to the parameters in this
proposal hev8 the - fell owing meanings : .
I     When the value assigned to a parameter is given in the column headed
    . by the letter I it is mandatory .     Member States cannot fix values
      below the level indicated ;   they can , however , set values above this
      figure .
 ---pagebreak--- The values . assigned to the parameters and shown in column Q are
indicative and should be regarded as guidelines .    When a value is
shown "both in column I and column G , the Member States have the
option of setting more values above the level indicated , based on the
G value . Where these guidelines are adopted by the Member States ,
they will be a mandatory character in the countries i/hich adopt them.
For tho purposes of this     Directive waters favourable to shellfish
growth will be considered as conforming to the values assigned to the
parameters defined in the Annex (with the exception of the values set
for pH, temperature , oxygen, salinity and bacteriological quality)
when they fulfil the following conditions:'
 «• in the case of parameters given in column I , when the values
     obtained from 95/° °f the samples examined are less than or equal
     to the values indicated in this column ,
– In the case of parameters given in column G, when the values
  ; obtained from SOfo of the samples examined are less than or . equal
     to the values indicated in this column .
                             /
As regards the 5 °r 10$ of the samples which do not comply :
 ( a) the water must not exhibit values deviating from the limit value
assigned to the parameter in question by more than 50      except for
the parameters temperature , pH, oxygen, salinity and bacteriological
quality .
( b ) Consecutive samples of the water taken at a statistically
satisfactory frequency must hot deviate from the values Assigned to
the parameters in question-.
 ---pagebreak---                                        - 9 -                   EEV/157/76-E
4.4 Samnlin/r and mathcds of analysa, s
The greatest attention must be paid to the frequent sampling of waters
favourable to shellfish growth * Sampling must be carried out at regular -
intervals and at the minimum frequency set out in the Annex.
The sampling methods must ensure the reproducibility of the conditions
under which the measurings are taken.
The determination of the temperature and of the content of hydrocarbons
must be carried out at the sampling point in accordance with the
requirements of Article 6.2 .    In the case of other determinations , the
samples may be transported to the laboratory and examined there as quickly
as possible .
The samples are to be taken at places where the density of the shellfish
population is highest ,    However , the choice of the sampling points will
depend on the local situation.      There is no general rule governing the
number of sampling points .    In many cases the capacity of the examining
laboratory will be a restricting factor .     In high-production and extensive
areas favourable to shellfish growth the distance between the sampling
points should be approximately 5^0 metres at most .
The reference analysis methods for the parameters under consideration are
indicated in the Annex .    Member States have adopted the necessary measures
to ensure that laboratories which use other methods prove to the
Commission that the results obtained are equivalent or comparable to those
given in the Annex.
4*5 Inspection of ws ^ ers favourable to shellfish growth and local conditions
                      ». M                     I »I »I. W  MII TIM * AMU A  < I A TUB
General investigation of the ambient conditions in waters favourable to
 shellfish growth and of the region falling within "the extreme limits
reached by the water in the course of tidal movements should be carried out
 scrupulously and repeated in order to determine the geographical ,
hydr odynamic and topographical data, the volume and nature of all polluting
 and potentially polluting discharges , and the phenomena of dilution,
 dispersion and degradation of the discharges and their effects as a
 function of the distance from the area favourable to shellfish growth .
 ---pagebreak---                                      - 10 -                 ENV/ 1 57/75-51
                                                                11    !'
The risk of accidental pollution which these discharges cculd create in the
reference area , i.e., the comparable coastel area nearest the area
favourable to shellfish growth must also "be assessed .
 ---pagebreak---                                           - 11 -          E'!V/ 1 57 / 76-E
                            PROPOSAL FOR A COUNCIL DIRECTIVE
                      relating to the quality requirements for
                      waters favourable to shellfish growth
THE COUNCIL OF THE EUROFt-AN COMMUNITY
Having regard to the Treaty establishing the European Ecoronic Conmunity
and in particular Articles 100 and 235 thereof ,,
Having regard to the proposal from the Commission ,
Having regard to the Opinion of the European Parliament ,
Having regard to the Onini^n of the Eco.-tcr.ic and Social Committee ,
Whereas the protection and improvement of the . environment require
practical measures to protect water against pollution , including those
waters favourable to shellfish growth ;
Whereas it is necessary , from the ecological and economic points of view
to protect the shellfish population from the harmful effects of the
discharge of pullutants into sea-water ;
Whereas the programme of action of the European Communities on the
encironment ( 1 > provides that quality objectives are to be jointly drawn
up fixing the various requirements which an environment must meet , and in
particular , dfining the quality objectives for sea-water ;
 ( 1 ) OJ No C 112 , 20.12.1973 , o . 1 .
 ---pagebreak---                                    '   - 12 -              ENV/ 157/ 76-E
                                                                      ί
 Whereas a disparity between the provisions already in application or in
 preparation in the various Member States concerning the quality
 requirements fir waters favourable to shellfish .. growth can create unfair
 conditions of competition and thus directly effect the functioning of the
 Common Market ; whereas therefore an    approximation of the laws , as provided
 for in Article 100 of the Treaty , should be carried out in this field;
 Whereas this cpproximatlon of the laws should be accompanied by Comrunity
 action to attain , through more comprehensive rules , one of the objectives
 of the Community in the field of the protection of the environment and the
improvement of the quality., of life ;   whereas  therefore certain specific
provisons should be Laid down ; whereas ,    since the pever to take the
necessary action is not provided for by the Treaty , Article 235 of the
Treaty should be invoked ,
Whereas , in  order to attain the    quality objectives , the Member States must
lay down limit values corresponding to certain parameters ;       whereas waters
favourable to shellfish growth must be made to conform to those values
within five years following the    notification of this Directive ;
Whereas it should be provided that waters favourable to shellfish growth will ,
under certain conditions ^ be deemed to conform to the. relevant parametric
values even    if a certain percentage of samples taken in the .shellfish
breeding area does not comply with the      limits specified in the Annex ;
Whereas , in order to ensure control of the quality of waters favourable to
shellfish growth ,   samples should be taken recularly and the parameters
specified in the . Annex should be measured ;
 Whereas certain circumstances are beyond the control of Member States and
 therefore the possibility of granting certain waivery should be provided
 for ; whereas these waivers must be notified to the Commission ;
 ---pagebreak---                                             - 13- -              ENV / 157 / 76-F.
Whereas technical progress necessitates rapid adaptation of the technical
requirements laid down in the Annex ;          whereas, in order to facilitate the
introduction of the measures required fo r the purpose ,, * procedure should
be provided for whereby close cooperation would be established between the
iienber States and the    Commission within a Committee on Adaptation to
Technical Progress set tip under the /Council Directive of 8 December 1975
                                                 1
concerning the quality of batmng wf.:ter ,
HAD   ADOPTED THIS PIPF-CUVE :
   OJ !!o L 31 , 5.2.1976 C76 / 160 / EEC )
 ---pagebreak---                                                                  ENV/ 157/76--B
                                                                     >    »
 Article 1
 1 . Ihis Di active concerns the quality requirements for waters
 favourable to shellfish growth .
 2.    For the purposes of this Direo.tive :
 ( a)           ■ "waters favourable to shellfish growth" means sear-water
       or areas thereof where there are naturally-occurring beds and/or
       farms for raising shellfish/in particular oysters , mussels , clams ,
       cockles , scallops and periwinkles .
 (b ) . .    ..   "areas favourable to shellfish growth" means any place
       where waters favourable to shell growth are found.
 ( c ) ue         "reference area" means the nearest coastal area to the
       areas favourable to shellfish growth which is not subject directly
       or indirectly to discharges likely to cause pollution and which
       is comparable to the area favourable to shellfish growth by reason of
       the similarity* of - its f^eonraphical afad meteorological conditions .
 Article 2
 Por the purposes of this Directive ,          Member States shall adopt the
 requisite measures to specify the areas favourable to shellfish growth
 and the referenoe areas within the time limits laid down in Article": 11 .
 Articlo 3
 1 * The phys >c<jr>-chemical and bacteriological parameters which define the
 quality requirements for waters favourable to shellfish growth are
 indicated in the Asr.ex which forms an integral part of this Directive .
       Member States shall set the values of these parameters applicable
 to waters favourable to shellfish growth .
 2 . The values .u .'.'.set. .r pursuant to paragraph 1 may not be '■ ess stringent
than those given in the Columns of the Annex marked I,.
 ---pagebreak---                                        - 15 -                 ENV / 157/ 76-E
3.   Whereas values appear in . the   Columns marked G in the Annex ,. . whether
or not there is a corresponding value in the I columns in the Annex , Member
States shall endeavour - subject to Article 7, to observe them as guidelines .
Article 4
1.  "ercbor States shall take all necessary measures to ensure that , within .
five years following the notification of this Directive , the quality
requirements of waters favourable to shellfish growth conform to the
parametric values set in     accordance with Article 3 .
2.  Member States shall ensure that in areas favourable to shellfish growth
which ere developed after the notification of this directive, the 'S values "
laid down in the Annex are observed from the time that the area favourable
to shellfish growth is exploited .
Article 5
1.   For the purposes of Article 4 , waters favourable to shellfish growth
shall be deemed to conform to the relevant parameters ;
if samples of that water taken ft      the same sampling point and at the
intervals specified    in the Annex , over a period of twelve months show that
it conforms to the parametri c values for the quality of the water , concerned ,
in the case of : •
- 95?, of the samples   for   parameters corresponding to those specified in
column I in the Annex , except for pH , temperature , oxygen , salinity and
the bacteriological quality, which must conform to the percentages or values
indicated in the Annex ,                .    .       ;
- 9C'< of the samples in    all other     cases ,
and if , in the case of the 5% and         of the samples which do not comply :
- the values measured in the     water do not deviate from the parametric
values in question by more than 50% , except for the parameters regarding
temperature , pH , oxygen , salinity and bacteriological quality ,
 ---pagebreak---                                        - 16 -               ENV / 1 57/ 76-E
                                       : '                   i        - lf :- ! i
                                                                           ' fc :
- consecutive sairdes of water taken at a statistically suitable intervals
do not deviate from    the relevant   parametric values .
 2.  Deviations frop the values referred to in Article 3 sh ^> 1 1 not be
taken into consideration in the     calculation of the percentage referred
to in paragraph 1 when they are the result of natural disasters or
 abnormal weather conditions .
Article 6
 1.  The competent authorities in the Member States shall carry out the
 sampling of the waters: favourable to shellfish growth , the minimum
 frequency of which is laid down    in the Annex .
 2.   The samples shall be taken in the areas favourable to shellfish
growth ?t the depth of water     where the density of shellfish is highest ,
except for hydrocorbcn samples which shall be taken at surface level end
.for the temperature / which shall be measures 1 metre below the surface .
3.   An   investigation of the conditions prevailing in the reference areas
 and the regions within the maximum limits reached by the water in the
 qourse^ of tidal Fiovements shall  be carried out scrupulously and repeated
periodically in order to obtain geographical and topographical data , and
to determine the volume and     n?ture of all polluting and potentially
polluting discharges    and their effects according to the distance from the
area favourable to shellfish growth , with a view to ensuring the salubrity
of these : waters .                                       '
4.   Should inspection by    a competent   authority or s?.mling and analysis
operations reveal that there is a discharge or a probable discharge
of substances likely to     lower the ouality of the water     v    .. favourable
to shellfish growth , additional sampling must take place to discover the
 sources of the pollution and to eliminate them . Such additional sampling
must also take place if there are any ether grounds for suspecting that
there is a decrease in the quality of the water .
 ---pagebreak---                                        17 -               Fj'V / 157 / 76-E
5.   The reference methods of analysis to be employed for the different
parameters concerned are set out in the Annex .     The Member States shall
take the necessary measures to ensure that laboratories which employ
other methods prove to the Conrrission that the results obtained are
eciuivalent cr comparable to those specified in the Annex .
Article 7
1.    Imp lerentation of the measures taken  pursuant to this Directive
may in no circumstances lead either directly or ridi recti. y to deterioration
of the current quality of    waters favourable to shellfish growth .        .
2.  'lember States may fix   more stringent growth values for waters
favourable to shellfish than those laid down ti     this Directive .          .
Article S
1.   In the case of water suitable    for shellfish growth lying across
frontiers . Member States shall   jointly delimit all waters suitable for
shellfish growth in the cross-frontier areas to which this Directive
applies and define the    values applicable   to them .
2.    The Commission shall   participate in this joint operation .
Article 9
                   «
This Directive nay be waired in the event of natural disasters or abnormal
weather or geographical conditions .
In no case may the exceptations provided for in this Article disregard the
requirements essential for public health protection and consumer protection
Where a He^bcr State 'waives the pro/isiens of this Directive , it shall
forthwith notify the Commission thereof , stating its reasons and the
periods anticipated .
 ---pagebreak---                                                     - 18 -■' -              EHV/1 57/76-E
     Articl e . 10
    "liTt n^liî llll'fi tWT m                                                       /
            Suctv amendments as are necessary for adapting to technical progress : . t
           the parameters ,
           the G and I values of these parameters and / or
           the methods of analysis
     given in the Annex shall "be adopted ty the Committee set up under Article
     10 of Council Directive of 8 December 1975 concerning the quality of
     bathing water and in accordance with the procedure laid down in Article 11
        thereof .                       -
     Article 11                     .
- 1.                      Member States shall bring into force the laws , regulations and
     administrative provisions necessary to comply with this Directive within
 ' two years of its notification .                They shall forthwith inform the Commission
     thereof .                        .       .              . '
      2•              - Member States shall communicate to the Commission the text of the
     main previsions of national law which they adopt in the field covered by this
     Directive .
     Article 12
  ' This Directive is addressed to the Member States .
                                                        Done at           ,
                                                        for the Council
                                                        The President .
 ---pagebreak---                                                                        19                                          ' ENV/157/76-E
                                                                     AIÏÏEX
                                         Quality requirements for waters favourable to shell first crcwth
                                                                                         MINIMUM Siïïî-
                                                                                         PLIITG AIJD               KSTPIODS OF ACTALYSIS
              PiiRAlîETEHS        G                             I                                                    AND INSPECTION
                                                                                         KEASURHIG
                                                                                         PREQUEî-ICY(l )
       I
  1 J pH              pli unit !!        pH variations must not exceed + 0,5 pH units    Quarterly        ilectrometric , with calibration by .
       I
                                         within the limits between pH 7«>0 and £.0                        neais of two bu-ffer solutions of known
                                          as against those in the reference area                          pH , close in value to , preferably on
                                                                                                          either side of the pH value to be
                                                                                                          rnefusured
»–,–|
  2.1 Temperature          °C            The difference in the temperature of the        Quarterly        Thormometric
                                         water favourable to shell fish growth           ( two sam­
                                         must not exceed 2°C at   1 nictre beneath the   ples )
                                         surface of the water as against that in
                                         the reference area .
                                         Moreover , the variation nust not exceed
                                          5°C in 6 hours at each point at which
                                          samples are taken in the area favourable
                                         to shell growth
  3 . Colour                             Natural colour of the water favourable to       Quarterly        Comparative method standards on
              Scale unit
                                         shell-fich growth identical to that of the                       the Pt/Co scale                    .
                                         reference area after final filtration of
                  Pt
                                         the" sample through a membrane of 0,45
         I
                                       !            .                           '
                                      1i
  ( l ) These minimum sampling and measuring frequencies apply when samples taken in previous years gave results which are -
           appreciably better than those in this Annex . and when no new factor likely to lower the quality of the - water has - appeared .
 ---pagebreak---                                                                    20                                             ENV/157/76-E
                                                                                              MINIMUM SM–          ,            METHOD 0F MALYSIS
         PARAMETERS              G
                                                                      1                I      PLIUG AND            I              MD IÎTSPECTI0ÏT
                                                                                              MEASURING. ..        !
                                                                                              FRECJJEircY(l )
                                                           ,  ,     ;                   '
4.   Materials in    mg/l MES                Maximum 20 ;b in addition to the existing        Quarterly                 - bjr filtration on a 0.45M
     suspension                              contents measured as against the refe­                                    * membrane                 '
                                                                                                                            • .          N 1
                                             rence area .               -
                                                                                                                          drying, .at 105?C and
                                             These values do not apply when the follo­                                    weighing
                                             wing substances are present in the en­
                                             vironment :
                                                                                                      *
                                             ( a) suspended materials with noxious
                                                     properties
                                             ( b ) soluble noxious substances
                                             ( c) when the oxygen content of the
                                                     water is reduced as a result of .
                                                     the decomposition of organic
                                                     materials
5*   Salinity         °/0O    12-33 o /e (   - < 40 Voo                                       Monthly                - Conductimetrxc
                                             – All variations of more than 10 % in re­
                                                 lation to the reference area for over
                                                 a week ■
                                             Eo modification of the salinity balance
                                             of the water favourable to shell-<fish
   ι
                                             growth
6.   Oixygen       ^ 0^                          ^ 70 ia ( averâge value)                     Monthly                - fclie Winkler method
                                                                                               ( over a pe­
                                           -      *r                         *
              ( saturation )                  Must not drop below 70 70 for more than         riod of
                                              6 hours during the period and never             24 hours )
                                              below 50 %
                                                                                          i ■   ■ 1 ■   1 , . 1 ■
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   –––                     1
                           I                                                             rilTL-IUIT
                                                                                                                        METHOD OF A1IALYSIS
                                                                                         SAtiPLHTG ASID
             PAEiiMl TERS    G                             1 '                      ! . MEASURING                         AND INSPECTION
                           I
                           I                                                .   -   !  - FEECJJEHCY(l )
                           i            _
                                                                                    <
7. Hydrocarbons ol petro­          Hydrocarbons must not be present in water                Quarterly             Visual inspection of the
   leum origin                     favourable to shell -fisli growth in such                                     water favourable to
                                   quantities as to :                                                             shell-fish growth and
                                                                                                                  tasting of the shell-fish
                           I       – produce a visible film on the surface
                                       of the water and/or a deposit on the
                                       shell-fish
                                   – communicate to the shell-fish a per­
                                       ceptible hydrocarbon flavour                 i
                                   – have noxious effects on the shell-fish
                               i I
8. Synthetic orgcjnohalo-          - the total amount of synthetic organo-                  Half-yearly '•       In voter i avcurabl e to
   genated substances such             halogenated substances . must not                                         shell~fieh growth . : „
   as PCT f DDT and its
   metabolites , IDE/DDE
                                       exceed a concentration of 5y^g/l                                          Gas chromatography' . af ter
                                                                                                                 extraction with a - suita->' v - ■
                                   - in no case should the concentration       -
   aldrin , dieldrin                                                                                             ble solvent and purifi­
                                       of a single substance exceed 1 ^                                          cation
                                       of the lethal concentration of the
                                       shell-fish larvae ( LC 59/96 hours )
                           I
                                   ( iiO 50/96 h : is the lethal con c entrat ion :                        f
                                                                                                               I
                                                                                                               j
                                    corresponding to a mortality of 5^ >'<=                                    I                              te  .
                                     of the shell -fl §1 larvae in 96 hours )                                  i
                                                                                                               i
                                                                                                     -       " j
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                                                                                                                                MINIMUM                                     /
                                                                                                                                SAMPLING AND                JEETEDD 0? A1TALISI3
                   PARâMETïïM               G                                                  I                                                               AMD INSPECTION
                                                                                                                                MEASUP2NG
                                                                                                                                FREQUENCY ( l )
                                                                                                                                                          /
 s.       Bacteriológica] cruality                    - ^ 300 in 90 £ °f "the samples                                            Quarterly        In shell-fikhi flesh and inter­
          faecal coliforn.s/100 mi                    -                      500 in 10 % of the remaining samples                                  valval ar liquid : fermentation
                                                                 of shell-fish flesh and the ■ intervalvular                                       in /iaultiple tubes . Subculturinj
                                                                                                                                                   of positive tubes on the
                                                                liquid                                                                           -confirmation medium . Amount
                                                                                                                                                   according to KPN (most provable
                                                                                                                                                 ■number)
                                                                                                       2 1
10 .    . l' étais                                    Concentration of each substance                    In the                  Half-yearly       In water' favourable to
                                                      water favourable to shell-fish growth                                                        shell-fish growth :
          Silver           mg/l Ag                    must not exceed a level which causes :                                                       Atomic absorption preceded , . ...
      '.Arsenic                 As
       . Cadmium                Cd                    - noxious effects on the shell-fish                                                          where appropriate , by con­
       . Chrome                 Cr                           and its larvae                                                                       centration and/or extraction
       . Copper                 Cu                    - an unpleasant change in taste
        . Mercury               Hg
        ■ Nickel                Ni                    The synergic effect of these metals
           Le ad                Fb                    must be taken into consideration
           Zinc                 Zn
               ■ -           –                     j
11 .       Substtaices affecting the                  A lower concentration than that likely                                     Quarterly        ■Organoleptic examination of
           taste of the shell-fish                    to change the taste of the shell-fish                                                        shell -fish
           ( cyclic hydrocarbons, and                 as compared with that found in the
           derived phenol at es )                     reference area
                                      I
                         •            I
                                        r ■   11 1 1r I II I-– I  J . -I – . –I. I I   ■■ ■ ■■   I I I   I ■ i . . . _ . . 11 j
2)
   His values assigned to these ]parameters will be fixed in accordance with the procedure for adaptation to technical progress
   referred to in Article 10 of ■<this Direci; ive .