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Directive 78/659/EEC on the quality of fresh water
Council Directive 78/659/EEC of 18 July 1978 on the quality of fresh water in need of protection or improvement in order to sustain the life of fish
- Freshwater Directive -
(OJ No. L 222 of August 14, 1978 p. 1;)
(Act of Accession Greece - OJ No. L 291 of 19 November 1979 p. 111;
Act of Accession Spain, Portugal - OJ No. L 302 of November 15, 1985 p. 218;
Act of Accession of Austria, Finland and Sweden - OJ No. C 241 of 29 August 1994 p. 21;
adjusted by the resolution. 95/1/EC, Euratom, ECSC - OJ No. L 1 of 01.01.1995 p. 1;
Directive 90/656/EEC - OJ No. L 353 of 17 December 1990 p. 59;
RL 2000/60/EC - OJ No. L 327 of December 22, 2000 p. 1;
Regulation (EC) 807/2003 - OJ No. L 122 of 16 May 2003 p. 36;
RL 2006/44/EC - OJ No. L 264 of 25.09.2006 p. 20 repealed)
repealed/replaced on 15 October 2006 in accordance with Article 17 of Directive 2006/44
The Council of the European Communities -
Having regard to the Treaty establishing the European Economic Community, and in particular Articles 100 and 235 thereof
on a proposal from the Commission, following the opinion of the European Parliament 1,
having regard to the opinion of the Economic and Social Committee 2,
whereas the following reasons:
To protect and improve the environment, concrete measures are needed to protect waters, including freshwater to preserve fish life, from pollution.
From an ecological and economic point of view, it is necessary to protect fish populations from the disastrous consequences of the discharge of pollutants into water bodies, especially from the numerical reduction and sometimes even from the extinction of certain species.
The action programmes of the European Communities on environmental protection of.19731 and 19772 provide for the joint establishment of quality objectives to define various requirements to which an environmental medium must comply and, in particular, for the definition of parameters for water, including fresh water, for the conservation of fish life.
Differences between the laws already applicable or in preparation in the individual Member States to the quality of fresh water for the conservation of fish life may lead to unequal conditions of competition and thus have a direct impact on the functioning of the common market. Therefore, the approximation of legislation in accordance with Article 100 of the Treaty must be carried out for this area.
It appears necessary to supplement this approximation of legislation with Community measures aimed at achieving, through more comprehensive regulation, one of the Community's objectives in the field of environmental protection and the improvement of the quality of life. To this end, some special provisions must be provided for. Since the special powers required for this purpose are not provided for in the Treaty, Article 235 thereof must be applied.
In order to achieve the objectives of the Directive, Member States are to designate the waters to which it applies and to lay down the limit values corresponding to certain parameters. The designated waters are to be brought into line with these values within five years of designation.
It is to be provided that, in order to preserve fish life, the fresh water is deemed to conform to the parameter values in this respect under certain conditions even if a certain proportion of the samples taken do not comply with the limit values specified in the Annex.
In order to ensure the monitoring of the quality of fresh water for the conservation of fish life, it is necessary to take a minimum number of samples and to carry out the measurements with regard to the parameters specified in the Annex. These sampling may be less frequent or eliminated depending on the water quality.
Since monitoring by Member States does not take into account certain natural conditions, provision should be made for derogating from the Directive in certain cases.
Whereas some provisions contained in the Annex to this Directive must be capable of being adapted without delay to technical and scientific progress Whereas provision should be made for a procedure for close cooperation between the Member States and the Commission within a Committee for Adaptation to Technical and Scientific Progress in order to make it easier to carry out the measures required for this purpose
- has adopted the following directive:
Article 1
(1) This Directive concerns the quality of fresh water and applies to such waters as are described by the Member States as requiring protection and improvement in order to preserve the life of fish.
(2) This Directive shall not apply to waters in natural or artificial basins used for intensive fish farming.
(2) The purpose of this Directive is to protect or improve the quality of such flowing or standing fresh water in which the life of fish of the following species is maintained or, if pollution is reduced or eliminated, could be maintained:
- native species that exhibit natural diversity, or
- species whose presence is considered desirable for water management by the competent authorities of the Member States.
(4) For the purposes of this Directive,
- "Salmonid waters" waters in which the life of fish of such species as salmon (Salmo salar), trout (Salmo trutta), ash (Thymallus thymallus) and renken (Coregonus) is or could be preserved;
- "Cyprinid waters" means all waters in which the life of fish species such as cyprinids (Cyprinidae) or other species such as pike (Esox lucius), perch (Perca fluviatilis) and eels (Anguilla anguilla) is or could be preserved.
Article 2
(1) The chemical-physical parameters applicable to the waters designated by the Member States shall be as set out in Annex I listed.
(2) For the application of these parameters, the waters are divided into salmonid waters and cyprinid waters.
Article 3
(1) Member States shall, for the designated waters, set values for those in Annex I listed parameters are fixed if values are specified in column G or column 1. They are based on the remarks contained in these two columns.
(2) Member States shall not set values less stringent than those in column 1 of the Annex I are, and shall endeavour to comply with the values indicated in column G, taking into account the principle of Article 8.
Article 4
(1) Member States shall designate salmonid and cyprinid waters for the first time within two years of notification of this Directive.
(2) Member States may designate further waters later.
(3) Member States may change the designation of certain waters as a result of factors unforeseen at the time of designation, taking into account the principle of Article 8.
Article 5
Member States shall establish programmes to reduce pollution and ensure that designated waters are established within five years of the corresponding Article 4 designation made by the Member States in accordance with Article 3 fixed values and the comments in columns G and 1 of Annex I are equivalent to.
Article 6
(1) In the context of the application of Article 5, the designated waters shall be deemed to comply with the provisions of this Directive if the samples obtained from such waters at least with the I provided for frequency over a period of twelve months at the same place of creation, show that they are fully Annexed to the values laid down by the Member States in accordance with Article 3 and to the observations in columns G and I I correspond as follows:
- for 95% of samples in the case of pH, BOD, non-ionized ammonium, total ammonium, nitrites, total residual chlorine, total zinc, and dissolved copper. If fewer than one sample is taken per month, all samples must comply with the above values and comments;
- to those in Annex I given percentages for the parameters temperature and dissolved oxygen;
- to the specified average concentration for the suspended solids parameter.
(2) Deviations from the values established by Member States pursuant to Article 3 or from the observations in columns G and I of Annex I shall not be taken into account in calculating the percentages referred to in paragraph 1 if they are caused by floods or other natural disasters.
Article 7
(1) The competent authorities of the Member States shall carry out the sampling, the standard frequency of which is set out in Annex I is established.
(2) Where the competent authority finds that the quality of the designated waters is appreciably higher than that which would result from applying the values laid down in accordance with Article 3 and from complying with the observations 'in columns G and I of Annex I, the frequency of sampling may be reduced. If there is no pollution or risk of deterioration of this quality, the competent authority may decide that no sampling is necessary.
(3) Where a sample collection reveals that a value fixed by a Member State in accordance with Article 3 or a remark in columns G and 1 of Annex 1 is not complied with, the Member State concerned shall determine whether this is accidental or due to a natural phenomenon or pollution and shall take the appropriate measures.
(4) The exact location of sampling, the distance of that location from the nearest discharge point and the depth at which the samples are to be taken shall be determined by the competent authority of each Member State, taking into account, in particular, local environmental conditions.
(5) Analysis procedures (reference methods) for the parameters concerned are set out in Annex I specified. Laboratories using other procedures shall ensure that the results obtained are those set out in Annex I given results are equivalent or comparable to them.
Article 8
The application of the measures taken pursuant to this Directive must under no circumstances result in an immediate or indirect increase in pollution of fresh water.
Article 9
Member States shall at all times be free to set stricter values for designated waters than those provided for in this Directive. They are also free to lay down rules for parameters other than those provided for in this Directive.
Article 10
In the case of transboundary waters or waters forming the border between Member States, the designation of which is considered by one of those States, those States shall enter into consultations on the section of border waters to which the Directive might apply and on the conclusions to be drawn from the common quality objectives, which shall be determined after mutual consultation by the respective State. The Commission may participate in these deliberations.
Article 11
Member States may decide to derogate from this Directive:
- for certain parameters listed in Annex I are marked with (O) if exceptional meteorological or special geographical conditions exist,
- if designated waters, a natural enrichment with certain substances via the in Annex I experience established limits.
Natural enrichment is the process by which a certain volume of water absorbs certain substances contained in the soil without human intervention
Article 12
the amendments necessary for adaptation to technical and scientific progress of those in Annex I listed
- Parameter G and
- Analysis procedures
shall be carried out in accordance with the procedure laid down in Article 14 issued.
Article 13
(1) A Committee for Adaptation to Technical and Scientific Progress, hereinafter referred to as the "Committee", shall be set up, composed of representatives of the Member States and chaired by a representative of the Commission. This Committee shall perform the tasks referred to in Article 12.
(2) deleted
Article 14
(1) The Commission shall be assisted by the Committee for Adaptation to Technical and Scientific Progress.
(2) Where reference is made to this Article, the Articles shall apply 5 and 7 of Decision 1999/468/EC 5.
The period by article 5 Paragraph 6 of Decision 1999/468/EC is set at three months.
(3) The Committee shall adopt its rules of procedure.
Article 15
For the purpose of applying this Directive, Member States shall provide the Commission with information on the following
- which, in accordance with Article 4 Paragraphs 1 and 2 designated waters in the form of an overview,
- the change of the name of certain waters in accordance with Article 4 Paragraph 3,
- the rules establishing new parameters pursuant to Article 9 are provided for and
- the deviations from those in column 1 of the Annex I listed values.
More generally, Member States shall, at the Commission's reasoned request, provide the information necessary for the application of this Directive.
Article 16
(1) Member States shall transmit to the Commission regularly - for the first time five years after the designation made for the first time in accordance with Article 4 Paragraph 1 - a comprehensive report on the designated waters and their main characteristics.
(2) The Commission shall publish the information received after obtaining the consent of the Member State concerned.
Article 17
(1) Member States shall adopt 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 texts of the main provisions of national law which they adopt in the field covered by this Directive.
Article 18
This Directive is addressed to the Member States.
Done at Brussels, 18 July 1978.
.
| List of parameters | Annex I |
| parameter | Salmonid waters | Cyprinid waters | Analysis or control procedures | Regular frequency of sampling and measurements | remarks | ||
| G | I | G | I | ||||
| 1. Temperature (°C) | 1. The temperature measured below a waste heat discharge point (at the boundary of the mixing zone) must not exceed the values for the non-impacted temperature by more than | Temperature measurement | Weekly, both above and below the waste heat point of introduction |
Temperature increases that are too sudden should be avoided | |||
| 1.5 °C | 3 °C | ||||||
| exceed.
Member States may, under certain conditions, adopt geographically limited derogations provided that the competent authority can demonstrate that they do not have adverse consequences for the balanced development of the fish stock 2. In addition, the waste heat must not cause the temperature in the zone below the discharge point (at the boundary of the mixing zone) to exceed the following values |
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| 21.5 (O) 10 (O) |
28 (O) 10 (O) |
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| The temperature limit of 10 ° applies only to the spawning season of species that require 1 cold water for reproduction and only to waters suitable for such species.
However, the temperature limits may be exceeded in 2% of cases. |
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| 2. Dissolved oxygen (mg/l O2) | 50% ≥ 9 100% ≥ 7 |
50% ≥ 9
If the oxygen content falls below 6 mg/l, Member States shall apply the third paragraph of Article 7. The competent authority shall demonstrate that the balanced development of the fish stock is not affected by this. |
50% ≥ 8 100% ≥ 5 |
50% ≥ 7If the oxygen content falls below 4 mg/l, Member States shall apply the third paragraph of Article 7. The competent authority shall demonstrate that the balanced development of the fish stock is not affected by this. | Winkler method or specific electrodes (electrochemical process) | monthly at least one sample representative of low oxygen levels on the day of sampling. However, if greater daily changes are suspected, at least two samples shall be taken daily. | |
| 3. pH | 6-9 (O) 1 | 6-9 (O) 1 | Electrometry; calibration by means of two buffer solutions with known pH near and preferably on both sides of the pH to be measured | Monthly | |||
| 4. Suspended solids (mg/l) | ≤ 25 (O) | ≤ 25 (O) | Filtration over filter membrane 0.45 μm or centrifugation (minimum time 5 minutes, average acceleration 2800-3200 g) Drying at 105 °C and weighing | The bet given is average concentrations and does not apply to suspended solids with harmful chemical properties. Particularly high concentrations can be expected during floods. | |||
| 5. BSB5 (mg/l O2) | ≤ 3 | ≤ 6 | Determination of the O2 according to the Winkler method before and after five days of incubation in complete darkness at 20 °± 1 °C (nitrification should not be prevented) | ||||
| 6. Total phosphorus (mg/l P) | Molecular absorption spectrophotometry | L = Load expressed in mg P per square metre of lake surface per year
Tw = Theoretical exchange time of the lake's water in years In other cases, limit values of 0.2 mg/l for salmonid waters and 0.4 mg/l for cyprinid waters (expressed in PO4) are considered as guidelines to reduce eutrophication. |
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| 7. Nitrites (mg/l NO2) | ≤ 0.01 | ≤ 0.03 | Molecular absorption- spectrophotometry |
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| 8. Phenol-containing compounds (mg/l C6H5OH) | 2 | 2 | Taste test | A taste test is only carried out if it is suspected that phenol-containing compounds are present | |||
| 9. oil coal- hydrogen |
3 | 3 | Visual examination Taste test |
Monthly | A visual inspection is carried out regularly once a month; a taste test is only carried out if it is suspected that hydrocarbons are present | ||
| 10. Non-ionized ammonium (mg/l NH4) | ≤ 0.005 | ≤ 0.025 | ≤ 0.005 | ≤ 0.025 | Molecular absorption- spectrophoto- metrie using indophenol blue or Nessler method in conjunction with the determination of pH and temperature |
Monthly | In the case of non-ionized ammonium, smaller increases can be tolerated over the course of a day. |
| To reduce the risk of toxicity from non-ionized ammonium, oxygen consumption by nitrification and eutrophication, total ammonium concentrations must not exceed the following values: | |||||||
| 11. Ammonium in- total(mg/l NH4) | ≤ 0.04 | ≤ 1 4 | ≤ 0.2 | ≤ 1 4 | |||
| 12. Total residual chlorine (mg/l HOCl) | ≤ 0.005 | ≤ 0.005 | DPD method (diethyl-p-phenylenediamine) | Monthly | The I values correspond to pH 6. Higher total chlorine concentrations can be accepted at higher pH values. | ||
| 13. Total zinc (mg/l Zn) | ≤ 0.3 | ≤ 1.0 | Atomic absorption spectrometry | Monthly | The I values correspond to a hardness of the water of 100 mg/l CaCO3. For hardness levels between 10 and 500 mg/l, see corresponding limit values in Annex II | ||
| 14. Dissolved copper (mg/l Cu) | ≤ 0.04 | ≤ 0.04 | Atomic absorption spectrometry | The G values correspond to a hardness of the water of 100 mg/l CaCO3. For hardness levels between 10 and 300 mg/l, see corresponding limit values in Annex II | |||
| 1) The artificial changes in pH compared to the unaffected values must not exceed ± 0.5 pH units in the range between 6.0 and 9.0, provided that these changes do not increase the harmfulness of other substances present in the water.
2) The phenol-containing compounds must not be present in concentrations such that they impair the fish's pleasant taste. 3) The oil coal atopoes must not be present in the water in such quantities that they:
4) In the case of specific geographical or climatic conditions, in particular in the case of low water temperatures and reduced nitrification, or where the competent authority can demonstrate that there are no harmful consequences for the balanced development of the fish population, Member States may fix values higher than 1 mg/l. |
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General comment
It should be noted that when the values of the parameters were determined, it was assumed that the other parameters considered or not considered in this Annex were favourable. This means in particular that the concentrations of other harmful substances are very weak.
If two or more harmful substances occur simultaneously as a mixture, common effects (additive, synergistic or antagonistic effects) may be important.
Abbreviations:
| G = | Guideline |
| I = | Imperative value |
| (O) = | Deviations under Article 11 are possible. |
.
| Particulars for total zinc and dissolved copper | Annex II |
Total zinc
(See Annex I, point 13, column "Remarks")
Zinc concentrations (mg/l Zn) depending on the different water hardness levels between 10 and 500 mg/l CaCO3:
| Water hardness (mg/l CaCO3) | ||||
| 10 | 50 | 100 | 500 | |
| Salmonid waters (mg/l Zn) | 0.03 | 0.2 | 0.3 | 0.5 |
| Cyprinid waters (mg/l Zn) | 0.3 | 0.7 | 1.0 | 2.0 |
Dissolved copper
(See appendix I, Number 14, Column "Remarks")
Concentrations of dissolved copper (mg/l Cu) depending on the different water hardness levels between 10 and 300 mg/l CaCO3
| Water hardness (mg/l CaCO3) | ||||
| 10 | 50 | 100 | 500 | |
| mg/l Cu) | 0.005 1 | 0.022 | 0.04 | 0.112 |
| 1) The presence of fish in waters with higher copper concentrations may indicate a predominance of dissolved organic copper complexes. | ||||
1) OJ C 30, 7.2.1977 p. 37.
2) OJ C 77, 30.3.1977 p. 2.
3) OJ C 112, 20.12.1973 p. 3.
4) OJ C 139, 13.6.1977 p. 3.
5) OJ L 184 of 17 July 1999 p. 23.
Translation by Helmer Borgmann
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