CELEX: 51974PC1706
Language: en
Date: 1974-10-21
Title: PROPOSAL FOR A DECISION OF THE COUNCIL on the reduction of pollution caused by certain dangerous substances discharged into the aquatic environment of the Community (submitted to the Council by the Commission)

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COM (74) 1706
Vol. 1974/0271
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 ---pagebreak--- COMMISSION OF THB EUROFSAN CQMMLWIIES
                                                          COM(74) 1706 final
                                                          Brussels . 21 October 1974
                                 PROPOSAL FOR A
                            DECISION OP THE COUNCIL
          on the redaction of pollution caused "by certain dangerous
                                                                               ■
    substances discharged into the aquatic environment of the Community
                 ( submitted to the Council by the Commission)
  C0M(74) 1706 final
 ---pagebreak---                                                                ENV/204/74 E
BACKGROUND
1 . Within the last several months , three important conventions con­
      cerning water-pollution have "been tinder discussion within different
      frameworks . They are :
      A. l ) The Convention for the prevention of marine pollution from
              land-based sources , hereafter referred to as the "Paris
              Convention" ;
         2 ) A draft European Convention for the protection of international
            ■ freshwaters against pollution , worked out tinder the auspicies
              of the Council of Europe , hereafter referred to as the
              "Strasbourg Convention" ;
         3 ) A draft Convention for the protection of the Rhine against
              chemical pollution , prepared "by the International Commission for
    -         the protection of the Rhine against pollution , hereafter referred
              to as the "Rhine Convention".
2 . Member States of the Community have participated or are participating
      in the elaboration of all three - Conventions and will be involved , as
      necessary , in the development of pollution – abatement programmes , ( l )
 ( l ) The states participating in drawing up the final text of the Paris
       Convention were :
       Belgium , Denmark , Federal Republic of Germany , France , Ireland,
       Luxembourg , Netherlands , the United Kingdom , and Italy observers .
       The states participating in drawing up the draft test of the Strasbourg
       Convention are :
       Belgium, Federal Republic of Germany , France , Italy and the Netherlands .
       In the International Commission for the protection of the Rhine
       against pollution the participating countries are :
       Federal Republic of Germany , France , Luxembourg and the Netherlands .
 ---pagebreak---                                                                  ETV/204/74 E
                                       - 2 -
3 . The Paris Convention and the Strasbourg Convention have already
    "been the subject of communications from the Commission to the Council
  " ( Ref . COM ( 74 ) 502 final and SEC ( 74 ) 1 564 final ). In both cases the
     Council has been asked to :
     ( i ) authorize the Community as such to adhere to the Convent ions
            in question ,
     ( ii ) to decide that the Commission will participate in bodies which
            may be set up , either on a temporary or a permanent basis ,
            administer the said Conventions and to propose the necessary pol–
            lut ion-abatement programmes ,
4 . As the two Communications from the Commission to the Council make
     clear , one fundamental reason for the Community as such to adhere to
     the Paris and the Strasbourg Conventions is the need for all Member
     states who are , or who may be , signatories to one or other of the
     Conventions to approach their obligations in the same way .
    Within the framework of each Convention , Member states will need 'to
     adopt pollution-abatement measures , which in order to be self-
     consistent should bo broadly similar both as far as timing is concerned
     as well as the severity of the measures adopted . The adhesion of the
     Community to these Conventions and the presence of the Commission of
     the European Communities on the managing bodies of the Conventions
     will facilitate to a considerable extent the existence of suclx consis­
     tency . As far as the draft Convention on the prevention of the Rhine
     against chemical pollution is concerned , though this has not yet been
     the subject of a communication from the Commission to the Council ,
     here too there will clearly be a need for Member states who sign this
     Convention to follow, a common line in its eventual execution .
5 . Among the reasons which justify the necessity of harmonizing the
     approach of Member states to , their obligations in one or other
     framework , is the need to ensure that the actual pollution-abatement
     programmes that are proposed are consistent with each other .
 ---pagebreak---                                                             ENV/204/74 E
                                      - 3 -
  Each convention proposes a list of substances , whose discharge is -to
  be controlled . Each convention proposes a time-table – some substances
  are to be brought under control more quickly and more severely than
  others . Each convention proposes machinery to assist in the implemen­
  tation of programmes . But the fact is that there are certain incon­
  sistencies (and even contradictions ) between the three conventions not
  only where the list of substances is concerned , but also in respect of
  the basic cons-fcraixrts and timing of the pollution-abatement programmes ,
  and the modalities of execution .
• A detailed analysis of the differences between the three Conventions is
  given in the Axm&x , If the zones of application of the three Conventions
    were totally distinct one from the other the existence of such dif­
  ferences and inconsistencies might be less serious than it is . But in
  fact the subject of the three Conventions overlaps in certain aspects .
  The Paris Convention , for example , regulates pollution of the sea from
  land–based sources . The most important type of land–based pollution of
  the sea is pollution carried by rivers and water courses . Thus , pol-
  lution-abatement programmes devised within the framework of the Paris
  Convention will necessarily apply to all rivers reaching the sea
   insofar as they carry a significant pollution-load . International
   rivers , that is to say rivers which cross a frontier , will of course be
  the subject of pollution-abatement programmes proposed within the
   framework of the Strasbourg Convention . (The Rhine itself will be
   subject not only to Strasbourg but also , as far as chemical pollution
   is concerned, to/ its own special Convention ). Moreover , the pollution-
   abatement programmes proposed in the framework of the Strasbourg
   Convention must also apply to wholly national rivers wich are the tri­
   butaries or affluents of international rivers , since the pollution-load
   of international rivers will in part arise from the streams which feed
   them .
                                                                    • " \
 ---pagebreak---                                                            S),TV /20A/74 13
                                     - 4 -
7 . It cam "be seen therefore how difficult it will be # in fact , to
    operate these three Conventions as if they had totally separate zones
    of application# Even if one such application were in faot possible ,
    it would create difficulties from the Community 's point of view .
    Following the adoption "by the Council in November 1973 of the Action
    Programme on the Environment , the Commission has a mandate itself
    to propose a pollution-abatement programme in respect of oertain toxic
    or dangerous substances which may be , or which are being , discharged
    into inland or coastal waters . This Community programme must of
    necessity be an integral programme concerned with all aspects of the
    aquatic environment . The Community programme cannot maintain an arti­
    ficial distinction between national and international rivers or draw
    a rigid distinction between coastal waters and the rivers which
    enter these waters .
8 . The purpose of this Communication , and the proposal for decision of
    the Council is therefore two-fold : the pursuit of a ooherent approach
    for member States for all three Conventions and at the same time to
    fulfil the demand of the Environment Council of November 1973 * In
    adopting the decision which follows member States would , thereforei
    not only be helping to implement the EEC 's Environment programme *
    They would at the same time be meeting in an orderly and intelligent
    way the obligations whioh they have assumed , or which they are about
    to assume , in the context of the Paris , Strasbourg and Rhine Conventions .
9 . The proposal for deoision of the Council covers :
    (a ) a list of substances whose disoharge is to be controlled ;
    (b ) the constraints to be applied with this aim and the timing
         to be followed ;   .
    (c ) the modalities of execution , and
    (d) the obligations of member States .
 ---pagebreak---                                                           ENV/204/74 E
                                      - 5 -
10 . Such action is necessary in order to carry out the Community 's action
     prograirene on the environment •
     Since there is no particular article in the Treaty which gives the
     necessary basis for action , the decision must be founded on Article 235#
11 • According to the provisions of this article , the opinion of the
     European Parliament is required and the Economic and Social Com­
     mittee must also be consulted-
 ---pagebreak---                                                            ENV/204/74 E
                                                    ANNEX
Comparative analysis of the Paris and Strasbourg Conventions and. the draft
Convention for the protection of the Rhine againt chemical pollution
1 • Prevention of marine pollution from land-based sources
    Under this Convention , the contracting parties pledge themselves to
    take measures individually or jointly to reduce marine pollution from
    land–based sources and to forestall now pollution . This undertaking
    will be carried out under programmes drawn up by a central adminis­
    trative body known as the " Commission" • The pollutants covered by
    the Convention are specified in Annex A and classified in three ca­
    tegories on the basis of their persistence , toxicity and tendency to
    accumulate in living organisms .
    Under Article 4 of the Convention , the contracting parties undertake :
    (a) to eliminate , if necessary by stages , pollution of the maritime
         area from land-based discharges of substances listed in Part I
         of the Annex A ;                                         v
    (b ) to limit strictly pollution of the maritime area from land-based
         discharges of the substances listed in Part II of Annex A •
2 • Protection of international freshwaters against pollution
    In thisdraft convention , the Member States of the Council of Europe
    who sign the convention - will undertake :
 ---pagebreak---                                    - 2 -                ENV/20V74-E
( a) to endeavour to take for the surface waters of their territory
      every appropriate measure to reduce existing pollution and to
      prevent new forms of pollution of waters (Article 2) ;
( b ) to apply to international watercourses either individual standards
      defined in part in Annex III , or minimum standards defined in
      Annex I ( Article k ) .
In addition , the. discharging into the waters of international drainage
basins of dangerous or noxious substances listed in Annex II to the
Convention will be prohibited or limited according to certain
conditions .
3.    Chemical pollution of the Rhine
A third initiative of the same type to combat chemical pollution of
the Rhine has been taken by the signatory States of the Berne
Convention ca the pollution of the Rhine waters .     At the request of
the Ministerial Conference of riparian States of the Rhine , which
met in The Hague in October 1972 , the International Commission was
instructed to :
( a) draw up lists of substances whose discharge must be proiiibited ,
      limited or made subject to certain conditions ( taking into
      account the provisions of the Oslo Convention of 15 February 1972 )
( b) investigate the origin of these substances ;
( c ) draw up a programme of action to be carried out in stages ,
      providing for monitoring , limitation and , where appropriate ,
      prohibition of discharges of tnese substances . :
 ---pagebreak---                                                             EHV/204/74 E
                                     - 3 -
The list containing substances whose discharge is to be prohibited ,
limited or subject to certain conditions , was approved by the Second
Ministerial Conference concerning the protection of the Rhine against
pollutionj which was held in Bonn on the 4th and 5th December 1973 .
The results of this work will have to be submitted to the Ministers
for approval at the next Ministerial Conference of riparian States of
the Rhine , which will be held in Paris in December 1974 » they are
intended to form the basis of a convention between these States ,
4.    Impact of the measures upon the European Communities' program.-',e
4.1 The objectives
Even though the purpose of the various conventions is similar in that
they all aim to reduoe existing levels of pollution caused by the
presence of dangerous substances in the aquatic environment , it should
nevertheless be pointed out that ;
( 1 ) the Paris Convention applies to the maritime area of the Worth Sea
      and the North^East Atlantic . It takes account only indirectly of
      pollution reduction in inland watercourses ;
(2 ) the Strasbourg Convention applies only to international watercourses
      and their estuaries . It lays down minimum ( immission ) standards
      Annex l ), individual ( immission ) standards (Annex 3 ) and prohibits
      or limits discharges of dangerous or noxious substances (Annex 2 ) ;
( 3 ) the Convention on chemical pollution of the Rhine is concerned
      exclusively with the river and its tributaries and will also prohibit
      or limit discharges of certain chemical substances according to a
      selective inventory of discharges containing these substances .
                                                              /
 ---pagebreak---                                                          J2JV/204/74 E
                                      4
4«2 Constraints
As regards precise and operational commitments , it should be pointed
out that the Paris Convention provides for specific actions " for the
reduction or , as appropriate , elimination of pollution of the maritime
area from land–based sources by substances listed in Part II of Annex A" .
"These substances shall be discharged only after approval has been
granted by the appropriate authorities" (Article 4(2 )(b ).
The text of the Paris Convention remains rather vague however , on the
subject of the substances listed in Part I of Annex A , although these
substances are considered to be the most dangerous and for this reason
to merit priority action .
The strict application and rigid interpretation of the commitments
resulting from Article 4(l)(a ) would necessitate a detailed study for
each maritime area to establish the effect of pollution discharged into
inland waters upon the pollution of that zone .
This study would have to take into account particularly :
– hydraulic data and seasonal variations in the waters of the basin
  flowing into the maritime area ;
– the volume of pollutants discharged into inland waters and the
  discharge points in relation to their distance from the maritime area j
– the regime of winds and tides •
Article 5(2 ) of the Strasbourg Convention states , on the subject of the ■ ■
noxious or dangerous substances listed in Annex 2 , that where a contracting
party is not able to give immediate effect to the provisions - of the
preceding paragraph (prohibition or limitation of discharges ), it must
take steps to do so within a reasonable period .
Since the text on chemical pollution of the Rhine has not yet been fina­
lized , it is not possible to specify what restrictions this Convention ,
will impose ,
 ---pagebreak---                                                            E^/204/74 E
                                     - 5 -
4 .3 Ittvc I orienting procedures
     Γ*·« II –ι β - Ι·1 –      » ·Μ
                                                               .   i
To ensure -that the obligations arising from the Paris Convention are
carried out properly, a single and permanent Commission will be set up ,
but no equivalent body is provided for by the Strasbourg Convention ,
Article 14 of whioh states that the contracting parties will decide to
set up an International Commission for each hydrological basin , if such'
a body does not .already exist . These commissions will be empowered to
take for their particular hydrologioal basin all the measures provided
for in Article 15 of the Convention .
In the case of the Convention on Chemical Pollution of the Rhine the execu­
tive body will be the International Commission for the Protection of the
Rhine against Pollutions It should be noted that this body will have the
same executive task under the Strasbourg Convention .
4*4 Time scales
Non-coordinated application of the Conventions considered could lead
to differing time–tables . for the- attainment of their objectives .
In the Strasbourg Convention , the timing is left to the judgment of each
signatory State (Article 2 ), whereas in the Convention on pollution from
land–based sources , the time-limit is to be fixed by the "Commission"
 (Article 16 ).
According to the draft convention to prevent chemical pollution of the
Rhine , two periods may be laid down : a relatively short one for; drawing ,
up the inventory of discharges , and a longer .one for completion of the
installations necessary for the reduction of discharges .-
4.5 Lists of substances ooyered by these conventions
The lists in the three conventions are compared in Tables 1 and 2 ,
The first table compares the different lists , while the second table
lists all the substances mentioned in each convention and shows the
lists in which they appear , arranged, in decreasing order of severity .
 ---pagebreak---                                                             ENV/20V74-E
 Table 1 :  Comparative table of the European Conventions on the
            protection of waters against pollution
                                                                                     –T
                                                                                        I
Category
   of         Strasbourg Convention        Paris Convention      Rhine Commission       i
substances                                                                              l
           Persistent organohalogen      Organohalogen           Organohalogen          j
            compounds and substances     compounds and sub­      compounds and          !
           which nay form such           stances which may       compounds liable       '
            compounds in the aquatic     form such compounds     to form such           {
List A      environment                  in the marine           substances in          !
  or
                                         environment , excluding waters                 \
                                         those which are                                !
Part I                                   biologically harmless                         î
  or
                                         or which are rapidly                           I
                                                                                        t
                                         converted in the sea                          X
                                                                                        (
List I                                   into substances which
                                                                                        î
                                         are biologically                               *
                                       Jharmless
                                       I
                                                                                       J
                                                                                        \
           Organophosphorus                                      Organophosphorus       I
           compounds"'"                                          pesticides-^. ;        i
           Organotm compounds                                    Organotin pesticides^
           "'"With the exception                                 1
                                                                   With the exception j
                                                                                        »
             of those compounds                                    of those compounds
             which are rapidly                                     which are rapidly
             converted in water                                    coilverted in water
             into biologically                                     into biologically    j
             harmless substances     I                             harmless substances I
           Persistent toxic                                      Organosilicon          i
           organosilicon compounds                               compounds and          |
                                                                 compounds likely to    i
                                                                 form such substances 1
                                                                 in waters              j
                                                                                       t
           Substances whose                                      Substances whose      j
           carcinogenic activity                                 carcinogenic activity
           is exhibited in or by                                 is recognized         .
           the intervention of the                               scientifically '      !
           aquatic environment
           Mercury and its compounds uercury and aercury        Lercury and compound .
           Cadmium and its compounds compounds                  Cadmium and compounds
                                          Cadmium and cadmium
                                          compounds                                    i
                                                                                       1
 ---pagebreak---                                          2 **                    ENV/204-/7H -E
                                           -• \ •                                . I
Category
           !'             '              Ί
   of               Strasbourg Convention'        Paris Convention'         Rhine Commission
substances
                                              Persistent synthetic
                                             materials which may
                                              float , remain in
                                              suspension or sink
List A                                        and which nay              ii          -
  or
                                              seriously' interfere
                                              with any legitimate
Part X                                       use of the sea
  or
                                              Persistent oils and
List I
                                              hydrocarbons origi­
                                              nating from petroleum
                                                                                                   !
             The following                    The lollowmg elements Hetals , metalloids I
List B
             metalloid and metals             and their compounds : and their compounds
             and their compounds :                                           such as zinc , coppei
                                              arsenic , lead , nickel ,
  or                                                                        nickel , chromium ,
             zinc , lead , copper ,           zinc , chromium ,
                                                                            lead , selenium ,
Part II      nickel , chromium ,              copper                    S arsenic , antimony ,
             selenium , arsenic ,
  or                                                                        molybdenum , barium ,
             antimony , molybdenum ,
                                                                            beryllium , l?oron ,     i
List II      tin , barium , titanium ,
                                                                            uranium , vanadium
             vanadium , beryllium ,
             uranium                                                        î                1
                                                                                             (
             Biocides and their                                             Biocides and their
             derivatives which do                                           derivatives not
             not appear in List A                                           mentioned in the         j
                                                                            provisions of List 1 ;
                                                                            Substances which majj
             i ■ ■ ■' ■ k   .i ......   –
             Substances which have            Substances which have
             a deleterious effect on          been agreed by the            impart an unpleasant!
             taste and smell                 Commission as having            taste or smell and
                                              a deleterious effect          compounds likely tc j
                                              on the taste and/or            form such substances
           i
                                              smell of products             in waters
                                             derived from the marina
                                              environment for                                      it
                                                                                                   l'
                                             human consumption                                    I
                                                                                       . _ .   : _I
 ---pagebreak---                                                                                 ΕΝν/204/74-Ε
                                                                                                                             t
Category
    of       !      Strasbourg Convention
                                                  Li Paris. Convention
                                                             _          ..                    ! Rhine      Commission
                                                   !                                           ;
substances
                             ________              |                                          i.    .
                 Substances which , by reason                                                 i
                 of new , more extensive or
             | as yet unknown uses , would                                                     |
List B     | be liable to exert an                                                             i      .;
                                                                                               i
   or      Iladverse
           i     quality
                          effect upon the
                          of surface v/aters                                    ■ ■ ■■■        ι
                 and new substances which                        ...                           |
Pc.rt II                                                                                       !
                might be developed and                                                         i
   or      | used     in a manner which                        -     ■        •                I                  ■   ■ ' :
List II    I could     seriously threaten
                 the quality of surface                                                        |
                waters
                                                Organic compounds of j
                                               phosphorus , silicon 1
                                               land tin and sub-                                !
                                               istances which may forraj
                                               jsuch compounds in the \
                                               jmarine environment , ,
                                               •excluding those which ;
                                               ;are biologically                                ]
                                              'harmless or which are j
                                              jrapidly converted in j
                                              ithe sea into harmless I
                                              isubstances                                       !
                                                                          ■■  –  –  ""   1 -           - ■      ■   1       –
             ί                               jElemental phosphorus j
                                             [Non-persistent oils                                Mineral oils
                                             jand hydrocarbons of j
                                             jpetroleum origin                               j
                                            I
                                                                                             (Cyanides and
                                            I                                                • fluorides
                                                Radioactive sub­
Part III                                        stances , including
   or .                                         wastes
                                                                                                 Substances having an
List III                                                                                         adverse effect on the
( beige )
             !                                                                                   oxygen balance ,
             I                                                                                   ammonia , nitrites
                                               ––          _       '     II ι
                                                                                              [ Nitrates                      j
                                                                                                 Substances which by
                                                                                                 intensive use are
                                                                                                 liable to 'be serious
                                                                                                 threat to the quality
                                                                                                 and use of waters
                                             [        '•             ..                •         in which they appear .
                                                                                                Calcium . ^nd magnesium
                                             !'                  * "                             sulphates and . chlorides
               i
               »                                                                                phosphates
 ---pagebreak---                                      - k -                                 ENV/20V7'>-E
  Table 2
i
  Substances ( following the order of the Strasbourg
                Strasbourg Convention)            Convention
                                                                             Paris            |
                                                                          Convention ! Commission
                                                                                                     Rhini          !!
                                                                                              ;                    i
  Persistent organohalogen compounds and                                                  /
  substances which may form such                         A                   .■ I                      ,1
  compounds in the aquatic environment
                                                                                              I           :        r
  Persistent toxic organosilicon                                                     . 1
  compounds
                                                         A                      n.i .          ! •      i          I
  Organophosphorus compounds                                            L       n.i .-1-                I
  Organotin compounds                                                           n.i.l                   I
  Substances whose carcinogenic activity-                                            . 1
  is exhibited in or., by the interven-    j             A                      n.i .                   I
  tion of the aquatic medium
  Mercury and its compounds                j             A                      I                       I
  Cadmium and its compounds '        .     !             A                      *                       I
  Metals . and metalloids
                                           1
  zinc                                     j             Β                      II                      II
  copper ,                                 j             Β                      II                      II
  nickel •                                 {         .   Β                      II                   . II
 -chromium                                               Β                      II                      II
  lead                                     !             Β                      II      ,               II
  selenium                ,                            ' Β         ·   |        n.i .                   II
  arsenic
  antimony
                                                         Β
                                                         Β
                                                                                11 . 1
                                                                                η . ι ...
                                                                                                        II
                                                                                                        II
  molybdenum                                             Β                      n.i ...                 II
                                                                                     *  X
  tin                                              •     Β     ·     '                                  II
                                                                                     . ι
  barium                                                 Β                      n.i ...                 II
  titanium                                               Β                      n.i ...                 II •
  vanadium                                               Β                  ' 'n.i .,                   II
  béryllium                                              Β                      n.i ...                 II
  uranium                                                Β                      n.i .                   II
  Biocides and their derivatives which                                               - 1
                                                         Β              !       n.i .         I        II             i
  do not appear in List A                                               I
                                                                        I                     !    ...          .1
                                                                                              Γ     ^
  Substances Which have an adverse
                                                ...      β-                    ,X.                     II
  effect on taste or smell
                                             Γ" -           ■*   "                                             -
                                             I
  Substances which , by reason of new ,
  rnbre extensive or as yet unknown uses
  would be liable to have an adverse                                                                        . ι
                                                                                    . 1
  effect upon the quality of surface                     Β                      n.i .                  n.i .
  waters , and new substances which might
  be developed and used in a manner which
  could seriously threaten the quality
  of surface waters
                                                                                            i
 ---pagebreak---                                      - 5 -                      ENV/20V7H-E
                                             Γ
  Substances ( following the order of the [ Strasbourg         Paris      I Rhine
               Strasbourg Convention )       'Convention     Convention Commission
  Persistent synthetic substances which
  may float , remain in suspension or              . 1
                                                 n.i .          I
                                                                                 . 1
                                                                             n.i .
  sink and may seriously interfere with
  any legitimate uses of the sea                           I
  Persistent oils and hydrocarbons of      |I      . 1
                                                 n.i .          I            II
  petroleum origin                         j
                                                   . 1
  Cyanides and fluorides                         n.i .          n.i .        II
  Radioactive substances mcluding                  . 1                           . 1
                                                 n.i .          III          n.i .
  wastes
  Substances having an adverse effect                              . 1
  on the oxygen balance                         n.i .           n.i .        III
  ammonia , nitrites
! Nitrates                                   r     • 1
                                                n.i .
                                                                   . 1
                                                                n.i .        III
  Substances which by intensive use are
  liable to be a serious threat to the     !
  quality and use of waters in which         ^i v, • 1
                                                n.i .
                                                                   . 1
                                                                n.i .        III
                                              I
  they appear ; calcium and magnesium         i
  sulphates and chlorides , phosphates        I
                                                          1
  Organic compounds of phosphorus ,
  silicon and tin and substances which
  may form such compounds in the                         !
  marine environment with the                      . 1
                                                n.i .
                                                         i      II
                                                                                . 1
                                                                             n.i .
  exception of those which are
  biologically harmless or which are
  rapidly converted in the sea into
  harmless substances
  Elemental phosphorus                      j   n.i .-1-        II           n.i .
  Non-persistent oils and hydrocarbons             . 1
                                                n.i .           II
                                                                                . 1
                                                                             n.i .
  of petroleum origin
  Boron                                         n.i . 3- i      n.i.-1- |    II
                                                                        I
   Not included in the Convention .
 ---pagebreak---                                             ENV/204/74 E
     PROPOSAL FOR DECISION OP THE COUNCIL
     fclN THE REDUCTION OF POLLUTION CAUSED
  BY CERTAIN DANGEROUS SUBSTANCES DISCHARGED
INTO THE AQUATIC    ENVIRONMENT OF THE COMMUNITY
 ---pagebreak---                                                          ENV/204 /74 E
THE COUNCIL OP THE EUROPE."J! COITI'TOIITIES f
Having regard, to the Treaty establishing the European Communities , and
in particular Article 235 thereof ;
Having regard to the proposal from the Commission ;
Having regard to the Opinion of the European Parliament }
Having regard to the Opinion of the Economic and Social Committee ;
Whereas there is an urgent need for general and simultaneous action
by the Member States to protect the aquatic environment of the Community
from pollution , particularly pollution by certain persistent , toxic or
bioaocumulable substances ;
Whereas a number of conventions , and in particular the Convention for
the prevention of marine pollution from land–based sources and the
proposed European Convention for the protection of international fresh-
waters against pollution are designed to protect international water­
courses and the marine environment from pollution and that it is
important to assure that actions taken within the framework of these
conventions are coordinated ;
Whereas Community action to reduce the discharge of certain dangerous
substances into the aquatic environment , as well as to coordinate the
actions of Member States in this matter is necessary in order to achieve ,
in the context of the functioning of the common market , the objectives
of the Community regarding the constant improvement of living conditions
and the harmonious development of economic activities troughout the
Community j and that the powers of action required in this matter were
not foreseen by the Treaty :
 ---pagebreak---                                                           ENV/204/74 E
                                      1 Tais
Whereas the European Communities' programme of action on the environment
( l ) provides for priority to "be given to controlling discharges of
certain pollutants into fresh water ;
Whereas an inventory of dangerous substances discharged into the
Communitys * aquatic environment requires knowledge of their origin j
Whereas in order to ensure an effective protection of the environment
it is necessary to establish a list of dangerous-} substances whose
discharge into the Communitys' aquatio environment should he controlled
or regulated ;
Whereas in order to allow complete application of the present decision ,
the Council should^ within precise time limits adopt certain thresholds ,
time limifcs , and limiting values *
HAS ADOPTED THIS DECISION
OJ C 112 , 20 December 1973 » p « 17
 ---pagebreak---                                      *2 -
                                                            EW/204/74 E
Article 1 I Definition and field of application
For the purposes of the present Decision , the following is understood t
1 ) "by "aquatic environment of the Community", all running or static fresh
    waters which flow through the territories of one or more Member
    states , including canals and lakes , as well as underwater pipelines
    and other pipelines , zones within freswater limits and the seas of
    the Community ooasts •
2 ) by "freshwater limit " the place in the wateroourse where , at low
    tide and in a period of low fresh water flow ,- the salinity is ap­
    preciably increased by the presenoe of sea water .
Article 2 : Inventory                         '        • . i' .
1 . The Member States shall draw up an inventory of discharges into the
    aquatio environment of the Community which contain the substances "in
    Lists II and II of the Annex , which forms an integral part of this
    Decision .
2 * This inventory shall be drawn up by member States within a period
    of one year from the establishment of threshold levels and shall
    include all discharges which exceed these levels .
Article 3 t Constraints
The Member States take all the measures needed' to forestall or reduce
                                                                 i  .   »
pollution of the aquatic environment of the Community by the substances
listed in Annex , under the following conditions t
 ---pagebreak---                                                           ENV/204 /74 E
                                                                   »
A. 1 ) All discharges into the aquatic environment of the Corner* "it7 tVsvfc
       are liable to contain a substance appearing in List I of the Anr.ex
       and are included in the inventory provided for in Article 2 shall
       require prior administrative authorization by the competent
       authority in the Member State concerned .
       This authorization may be granted only if the discharges of these
       substances are reduced to the limiting values to be fixed .
   2 ) The installations to obtain the necessary reductions shall be
       completed within a period to be . fixed for each substance in the
       Annex on the basis of the best technical facilities in existence .
   3 ) If the best technical facilities do not enable the discharges to
       be reduced to a non-dangerous level or if the limiting values
       referred to in paragraph 1 of the present article cannot be        '
       adhered to , the discharge is prohibited ,
B. 1 ) All discharges into the aquatic environment of the Community
       which contain substances appearing in List II of the Annex and
       are included in the inventory provided for in Article 2 shall be
       reduced to limiting values to be fixed for substances of natural
       and artificial origin .
   2 ) The installations necessary to achieve the required reductions
       shall be completed within period to be fixed .
Article 4
The following will be adopted by the Councillor qTt&lifi&d              ^
Connirsion 1
– within a period of 18 months after the adoption of the present decision }
  the treshold values foreseen by Article 2 »2 , the limiting values
  foreseen by Article 3 A.l and the time-scale foreseen by Article 3 A ^,
– within a period of 30 months after the adoption of the present decision j
  the limiting values foreseen by Article 3 B.1 and the time-scale
  foreseen by Article 3<B^2'
 ---pagebreak---                                                           ENV/P04/74 E
                                   - 4 -"
Article 5
The application of the measures taken by virtue of the present decision
may not under any circumstances directly or indirectly lead to an ■
increase in the degradation of the Existing quality of the Community 's
aquatic environment .                                          ''
Article o
The Member States shall forward to the Commission :
a ) the results of the inventory provided for , in Article 2 and of
    surveillance and monitoring "by the national network ;
b ) the information available , in as detailed a. form as possible , on
    the substances listed in the Annex to this Decision and liable to be
    discharged into the aquatic environment of the Community ,
Article 7
This Decision is addressed to the Member States .
Done at               the
 ---pagebreak---                                                       ENV/20V7^-E
                                                      ANNEX
List I
Organohalogen compounds and substances which may form such compounds
in the aquatic environment , excluding those which are biologically
harmless or are rapidly converted in water into harmless substances .
Organophosphorus compounds^"
Organotin compounds"'"
Toxic , persistent organosilicon compounds and compounds liable to
form such substances in fresh water and in sea water .
Substances whose carcinogenic activity is exhibited in or by the
intervention of the aquatic environment .
Mercury and its compounds
Cadmium and its compounds
Persistent synthetic substances which may float , rfemain in
suspension or sink and which may interfere witli any use of the
waters .
Persistent oils and hydrocarbons of petroleum origin .
 With the exception of those which are rapidly converted in the
 aquatic environment into substances which are biologically
 harmless .
 ---pagebreak---                                    - 2 -                   ENV/20V7^-E
                                                           ANNEX ..
List II
The following metalloids and metals and their compounds
zinc .            selenium            tm                vanadium
copper            arsenic             barium           •fcellurium
nickel            antimony           béryllium         thalium
chromium          molybdenum         boron             oobalt
lead              titanium           uranium
Biocides and their derivatives not appearing in List I
Substances which have a deleterious effect on the taste and/or
smell of products for human consumption derived from the aquatic
environment , and compounds liable to give rise to such substances
in waters .
Organic compounds of phosphorus , and silicon and substances which may
•give rise to such compounds in waters ,      excluding those which
are biologically harmless or are rapidly converted in water into
harmless substances .
Elemental phosphorus
Non-persistent oils and hydrocarbons of petroleum origin
Cyanides and fluorides
 ---pagebreak---                                  - 3 -                ΕΝν/20ν74-Ε
                                                      ΑΝΝΕΧ
Substances which have an adverse effect on the oxygen, balance s
Aamonia , nitrites
Nitrates
Substances which by intensive use are liable to be a serious threat
to the quality and use of waters in which they appear j sulphates ,
and chlorides of calcium of magnesium * phosphates <
Substances which , by reason of new , more extensive or as yet
unknown uses , would be liable to have an adverse effect on the
quality of waters , and new substances which might be developed
and used in a manner which could seriously threaten the quality
of waters .