Keywords
Summary

Keywords

1 Environment - Water pollution - Directive 76/464 - `Discharge' within the meaning of Article 1(2)(d) of the Directive - Pollution from significant sources, including multiple and diffuse sources, referred to in Article 5(1) of Directive 86/280 - Not covered - Where a person places wooden posts treated with creosote in surface water

(Council Directives 76/464, Art. 1(2)(d), and 86/280, Art. 5(1))

2 Environment - Water pollution - Directive 76/464 - Authorisation for a discharge - Possible for Member States to make discharge authorisation subject to additional requirements not provided for in the Directive - Scope

(Council Directive 76/464)

3 Approximation of laws - Restrictions on the marketing and use of dangerous substances and preparations - Directive 76/769, as amended by Directive 94/60 - Use of creosote - Requests for authorisation - Criteria of assessment - To be fixed by the Member States

(Council Directive 76/769, as amended by Directive 94/60)

Summary

1 The term `discharge' in Article 1(2)(d) of Directive 76/464 on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community is to be interpreted as not including the pollution from significant sources, including multiple and diffuse sources, referred to in Article 5(1) of Directive 86/280 on limit values and quality objectives for discharges of certain dangerous substances included in List I of the Annex to Directive 76/464.

The above term must be understood as referring to any act attributable to a person by which one of the dangerous substances listed in List I or List II of the Annex to the Directive is directly or indirectly introduced into the waters to which the Directive applies. On the other hand, the notion of pollution from significant sources, including multiple and diffuse sources, referred to in Article 5(1) of Directive 86/280, relates to cases where the pollution, precisely because of its diffuse nature, cannot be attributed to a person and therefore cannot be the subject of prior authorisation.

Consequently, the term `discharge' in Article 1(2)(d) of Directive 76/464 covers the placing by a person in surface water of wooden posts treated with creosote and the expression `significant sources ... (including multiple and diffuse sources)' in Article 5(1) of Directive 86/280 does not cover the escape of creosote from wooden posts placed in surface water, where the pollution caused by that substance is attributable to a person.

2 Directive 76/464 on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community permits Member States to make the authorisation for a discharge subject to additional requirements not provided for in that Directive, in order to protect the aquatic environment of the Community against pollution caused by certain dangerous substances. The obligation to investigate or choose alternative solutions which have less impact on the environment constitutes such a requirement, even if it may have the effect of making the grant of authorisation impossible or altogether exceptional.

3 The limitative conditions for the use of creosote laid down in point 32 of Annex I to Directive 76/769 on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations, as amended by Directive 94/60, do not preclude an authority of a Member State, when considering applications for authorisation concerning the introduction into surface water by professional users of wood treated with that substance, from establishing criteria of assessment such that its use is impossible or altogether exceptional.