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 the proposal from the Commission(1),

Having regard to the opinion of the European Parliament(2),

Having regard to the opinion of the Economic and Social Committee(3),

Whereas the protection and improvement of the environment necessitate concrete measures to protect waters, including shellfish waters, against pollution;

Whereas it is necessary to safeguard certain shellfish populations from various harmful consequences, resulting from the discharge of pollutant substances into the sea;

Whereas the programmes of action of the European Communities on the environment of 1973(4) and 1977(5) provide that quality objectives are to be jointly drawn up fixing the various requirements which an environment must meet, inter alia the definition of parameters for water, including shellfish waters;

Whereas differences between the provisions already in force or in preparation in the various Member States as regards the quality required of shellfish waters may create unequal conditions of competition and thus directly affect the functioning of the common market; whereas laws in this field should therefore be approximated as provided for by Article 100 of the Treaty;

Whereas it is necessary to couple this approximation of laws with Community action aiming to achieve, by means of wider-ranging provisions, one of the Community's objectives in the field of environmental protection and the improvement of the quality of life; whereas certain specific provisions must be laid down in this connection; whereas, since the specific powers of action required to this end have not been provided for in the Treaty, it is necessary to invoke Article 235 thereof;

Whereas, in order to attain the objectives of the Directive, the Member States will have to designate the waters to which it will apply and will have to set limit values corresponding to certain parameters; whereas the waters so designated will have to conform to these values within six years of designation;

Whereas for the purpose of checking the quality required of shellfish waters, a minimum number of samples should be taken and the measurements relating to parameters set out in the Annex should be carried out; whereas such sampling may be reduced or discontinued in the light of the results of the measurements;

Whereas certain natural circumstances are beyond the control of the Member States and it is therefore necessary to provide for the possibility of derogating from this Directive in certain cases;

Whereas technical and scientific progress may make necessary the rapid adaptation of some of the requirements laid down in the Annexes; whereas, in order to facilitate the introduction of the measures required for this purpose, a procedure should be laid down establishing close cooperation between the Member States and the Commission; whereas such cooperation should take place in the Committee on Adaptation to Technical and Scientific Progress set up by Article 13 of the Council Directive 78/659/EEC of 18 July 1978 on the quality of fresh waters needing protection or improvement in order to support fish life(6);

Whereas this Directive cannot, by itself, ensure protection of consumers of shellfish products; whereas proposals to this end should therefore be submitted by the Commission as soon as possible,

HAS ADOPTED THIS DIRECTIVE: