Council Directive 82/176/EEC of 22 March 1982 on limit values and quality objectives for mercury discharges by the chlor-alkali electrolysis industry

COUNCIL  DIRECTIVE
of 22 March 1982
on limit values and quality objectives for mercury discharges by the chlor-alkali electrolysis industry
(82/176/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 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 Article 6 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 provides for 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 same Directive provides that limit values shall be laid down for such emission standards and also quality objectives for the aquatic environment affected by 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 the pollution caused by discharges of mercury into water is caused, to a large extent, by the electrolysis of alkali chlorides, in the first instance limit values should be established for this industry and quality objectives should be laid down for the aquatic environment into which mercury is discharged by this industry; whereas such discharges should therefore require prior authorization;
Whereas the purpose of such quality objectives must be to eliminate mercury pollution of the various parts of the aquatic environment which might be affected by mercury-bearing discharges from the chlor-alkali electrolysis industry;
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 instituted to enable the Member States to demonstrate that the quality objectives are complied with;
Whereas provision should be made for the monitoring by the Member States of the aquatic environment affected by the said mercury discharges with a view to efficient application of this Directive; whereas Article 6 of Directive 76/464/EEC does not provide for the powers to introduce such monitoring; whereas, since the necessary powers of action have not been provided for in the Treaty, Article 235 thereof should be invoked;
Whereas it is important that the Commission forward to the Council, every five years, a comparative assessment of the implementation of this Directive by the Member States;
Whereas, since groundwater is the subject of a specific Directive, it is excluded from the scope of this Directive,