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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,
HAS ADOPTED THIS DIRECTIVE:
Article 1
1. This Directive:
- in pursuance of Article 6 (1) of Directive 76/464/EEC, lays down limit values for emission standards for mercury in discharges from industrial plants as defined in Article 2 point (d) of this Directive,
- in pursuance of Article 6 (2) of Directive 76/464/EEC, lays down quality objectives for mercury in the aquatic environment,
- in pursuance of Article 6 (4) of Directive 76/464/EEC, lays down the time limits for compliance with the conditions of the authorizations granted by the competent authorities of Member States in the case of existing discharges,
- in pursuance of Article 12 (1) of Directive 76/464/EEC, lays down the reference methods of measurement enabling the mercury content in discharges and in the aquatic environment to be determined,
- in pursuance of Article 6 (3) of Directive 76/464/EEC, establishes a monitoring procedure,
- requires Member States to cooperate with one another in the case of discharges affecting the waters of more than one Member State.
2. This Directive applies to the waters referred to in Article 1 of Directive 76/464/EEC with the exception of groundwater.
Article 2
For the purposes of this Directive:
(a) 'mercury' means:
- the chemical element mercury,
- the mercury contained in any of its compounds;
(b) 'limit values' means:
the values specified in Annex I;
(c) 'quality objectives' means:
the requirements specified in Annex II;
(d) 'industrial plant' means:
a plant in which alkali chlorides are electrolyzed by means of mercury cells;
(e) 'existing plant' means:
an industrial plant which is operational on the date of notification of this Directive;
(f) 'new plant' means:
- an industrial plant which has become operational after the date of notification of this Directive,
- an existing industrial plant whose capacity for the electrolysis of alkali chlorides by means of mercury cells has been substantially increased after the date of notification of this Directive.
Article 3
1. The limit values, the time limits by which they must be complied with and the monitoring procedure for discharges are laid down in Annex I.
2. The authorizations referred to in Article 3 of Directive 76/464/EEC must contain provisions at least as stringent as those in Annex I to this Directive, except in cases where a Member State is complying with Article 6 (3) of Directive 76/464/EEC on the basis of Annexes II and IV to the present Directive.
The authorizations shall be reviewed at least every four years.
3. Without prejudice to their obligations arising out of paragraphs 1 and 2 and the provisions of Directive 76/464/EEC, Member States may grant authorizations for new plants only if such authorizations contain a reference to the standards corresponding to the best technical means available for preventing discharges of mercury.
Whatever the method it adopts, the Member State, where for technical reasons the intended measures do not conform to the best technical means available, shall provide the Commission, before any authorization, with the justifications for these reasons.
Within three months, the Commission shall send a report to the Member States stating its opinion on the derogation covered by the second subparagraph.
4. The reference method of analysis for determining the presence of mercury are given in Annex III.1. Other methods may be used provided that the limits of detection, precision and accuracy of such methods are at least as good as those laid down in Annex III.1. The accuracy required in the measurement of effluent flow is given in Annex III.2.
Article 4
The Member States concerned shall be responsible for monitoring the aquatic environment affected by industrial discharges. In the case of discharges affecting the waters of several Member States, the Member States concerned shall cooperate with a view to harmonizing monitoring procedures.
Article 5
1. From the information supplied to it by the Member States pursuant to Article 13 of Directive 76/464/EEC on receipt of a request which it must submit in each case, in particular concerning:
- details of authorizations laying down emission standards with regard to discharges of mercury,
- results of measurements made by the national network set up to determine concentrations of mercury,
the Commission shall make a comparative assessment of the implementation of the present Directive by the Member States.
2. Every five years the Commission shall forward to the Council the comparative assessment referred to in paragraph 1.
In the event of a change in scientific knowledge relating principally to the toxicity, persistence and accumulation of mercury in living organisms and sediments or in the event of an improvement in the best technical means available, the Commission shall submit appropriate proposals to the Council with the aim of reinforcing, if necessary, the limit values and the quality objectives.
Article 6
1. Member States shall bring into force the measures necessary to comply with this Directive before 1 July 1983. They shall forthwith inform the Commission thereof.
2. Member States shall communicate to the Commission the text of the provisions of national law which they adopt in the field governed by this Directive.
Article 7
This Directive is addressed to the Member States.
Done at Brussels, 22 March 1982.