18. 5. 76 Official Journal of the European Communities No L 129/23 (Acts whose publication is not obligatory) COUNCIL COUNCIL DIRECTIVE "~ of 4 May 1976 on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community (76/464/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 the proposal from the Commission, Having regard to the opinion of the European Parlia- ment (1), Having regard to the opinion of the Economic and Social Committee (%), Whereas there is an urgent need for general and simul- taneous action by the Member States to protect the aquatic environment of the Community from pollu- tion, particularly that caused by certain persistent, toxic and bioaccumulable substances ; Whereas several conventions or dratt conventions, including the Convention for the prevention of marine pollution from land-based sources, the draft Convention for the protection of the Rhine against chemical pollution ‘and the draft European Conven- tion for the protection of international watercourses against pollution, are designed to protect international watercourses and the marine environment from pollu- tion ; whereas it is important to ensure the coordi- nated implementation of these conventions; ~ 8 1. 1975, p. 62. s, 108, 15. 5. 1975, p. 76. Whereas any disparity between the provisions on the discharge of certain dangerous substances into the aquatic environment already applicable or in prepara- tion in the various Member States may create unequal conditions of competition and thus directly affect the functioning of the common market; whereas it is therefore necessary to approximate laws in this field, as provided for in Article 100 of the Treaty; Whereas it seems necessary for this approximation of laws to be accompanied by Community action so that one of the aims of the Community in the sphere of protection of the environment and improvement of the quality of life can be achieved by more extensive rules ; whereas certain specific provisions to this effect should therefore be laid down ; whereas Article 235 of the Treaty should be invoked as the powers required for this purpose have not been provided for by the Treaty ; Whereas the programme of action of the Europea Communities on the environment (%), provides for number of measures to protect fresh water and se water from certain pollutants; Whereas in order to ensure effective protection of th aquatic environment of the Community, it is neces- sary to establish a first list, called List I, of certain indi- vidual substances selected mainly on the basis of their toxicity, persistence, and bioaccumulation, with the exception of those which are biologically harmless or () OJ No C 112, 20. 12. 1973, p. 1.