Council Directive 84/156/EEC of 8 March 1984 on limit values and quality objectives for mercury discharges by sectors other than the chlor-alkali electrolysis industry

COUNCIL  DIRECTIVE
of 8 March 1984
on limit values and quality objectives for mercury discharges by sectors other than the chlor-alkali electrolysis industry
(84/156/EEC)
THE COUNCIL OF THE EUROPEAN
COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community, and in particular Articles 100 and 235 thereof,
Having regard to Council Directive 76/464/EEC of 4 May 1976 on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community (1), and in particular Articles 6 and 12 thereof,
Having regard to the proposal from the Commission (2),
Having regard to the opinion of the European Parliament (3),
Having regard to the opinion of the Economic and Social Committee (4),
Whereas, in order to protect the aquatic environment of the Community against pollution by certain dangerous substances, Article 3 of Directive 76/464/EEC introduces a system of prior authorization laying down emission standards for discharges of the substances in List I in the Annex thereto; whereas Article 6 of the said Directive provides that limit values shall be laid down for such emission standards and also quality objectives for the aquatic environment affected by discharges of these substances;
Whereas mercury and its compounds are included in List I;
Whereas the Member States are required to apply the limit values except in the cases where they may employ quality objectives;
Whereas, since pollution due to the discharge of mercury into water is caused by a large number of industries, it is necessary to lay down specific limit values according to the type of industry concerned and to lay down quality objectives for the aquatic environment into which mercury is discharged by such industries;
Whereas the purpose of the quality objectives must be to eliminate mercury pollution of the various parts of the aquatic environment which might be affected by mercury discharges;
Whereas such quality objectives must be laid down expressly for this purpose and not with the intention of establishing rules pertaining to consumer protection or to the marketing of products from the aquatic environment;
Whereas a specific monitoring procedure should be laid down to enable Member States to demonstrate that the quality objectives are being complied with;
Whereas provision should be made for the monitoring by Member States of the aquatic environment affected by the aforesaid mercury discharges with a view to effective implementation of this Directive; whereas Article 6 of Directive 76/464/EEC does not provide
for the powers to introduce such monitoring; whereas, since the specific powers have not been provided for in the Treaty, Article 235 thereof should be invoked;
Whereas, in the case of discharges from certain types of plant for which emission standards cannot be established or regularly monitored by reason of the scattered nature of the sources, specific programmes must be devised to avoid or eliminate mercury pollution from these plants; whereas, since the powers have not been provided either by Article 6 of Directive 76/464/EEC or by the specific provisions of the Treaty, Article 235 of the Treaty should be invoked;
Whereas Directive 82/176/EEC (1) lays down limit values for mercury discharges into the aquatic environment by the chlor-alkali electrolysis industry and also sets quality objectives for the aquatic environment into which mercury is discharged;
Whereas it is important that the Commission report every four years on the implementation of this Directive by Member States;
Whereas, since groundwater is the subject of Directive 80/68/EEC (2), it is excluded from the scope of this Directive;
Whereas the level of industrialization is very low in Greenland because of the overall situation of the island, and in particular the fact that it is sparsely populated, its considerable size and its special geographical position; whereas, therefore, this Directive should not apply to Greenland,