1984L0156 — EN — 23.12.1991 — 001.001 — 1
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►B COUNCILDIRECTIVE
of8March1984
on limit values and quality objectives for mercury discharges by sectors other than the chlor-
alkalielectrolysis industry
(84/156/EEC)
(OJ L 74, 17.3.1984, p. 49)
Amended by:
Official Journal
No page date
►M1Council Directive 91/692/EEC of 23 December 1991 L 377 48 31.12.1991
▼B
COUNCILDIRECTIVE
of8March1984
on limit values and quality objectives for mercury discharges by
sectorsotherthanthechlor-alkali electrolysis industry
(84/156/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 Council 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 Articles 6
and 12 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 Direc-tive 76/464/EEC introduces 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 said Directive providesthat limit values shall be laid down for such emission standards andalso quality objectives for the aquatic environment affected bydischarges of these substances;
Whereas mercury and its compounds are included in List I;Whereas the Member States are required to apply the limit values
except inthe cases where they may employ quality objectives;
Whereas, since pollution due to the discharge of mercury into water is
caused by a large number of industries, it is necessary to lay downspecific limit values according to the type of industry concerned andto lay down quality objectives for the aquatic environment into whichmercury is discharged by such industries;
Whereas the purpose of the quality objectives must be to eliminate
mercury pollution of the various parts of the aquatic environment
which might be affected by mercury discharges;
Whereas such quality objectives must be laid downexpressly for this
purpose and not with the intention of establishing rules pertaining toconsumer protection or to the marketing of products from the aquaticenvironment;
Whereas a specific monitoring procedure should be laid down to enable
Member States to demonstrate that the quality objectives are being
complied with;
Whereas provision should be made for the monitoring by Member
States of the aquatic environment affected by the aforesaid mercurydischarges with a view to effective implementation of this Directive;whereas Article 6 of Directive 76/464/EEC does not provide for thepowers to introduce such monitoring; whereas, since the specific
powers have not been provided for in the Treaty, Article 235 thereof
should be invoked;
Whereas, inthe case of discharges from certaintypes of plan t for
which emission standards cannot be established or regularly monitored1984L0156 — EN — 23.12.1991 — 001.001 — 2
(1) OJ No L 129, 18. 5. 1976, p. 23.
(2) OJ No C 20, 25. 1. 1983, p. 5.
(3) OJ No C 10, 16. 1. 1984, p. 300.
(4) OJ No C 286, 24. 10. 1983, p. 1.
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by reasonof the scattered n ature of the sources, specific programmes
must be devised to avoid or eliminate mercury pollution from theseplants; whereas, since the powers have not been provided either by
Article 6 of Directive 76/464/EEC or by the specific provisions of the
Treaty, Article 235 of the Treaty should be invoked;
Whereas Directive 82/176/EEC(
1) lays downlimit values for mercury
discharges into the aquatic environment by the chlor-alkali electrolysis
industry and also sets quality objectives for the aquatic environmentinto which mercury is discharged;
Whereas it is important that the Commission report every four years on
the implementation of this Directive by Member States;
Whereas, since groundwater is the subject of Directive 80/68/EEC(
2), it
is excluded from the scope of this Directive;
Whereas the level of industrialization is very low in Greenland because
of the overall situation of the island, and in particular the fact that it issparsely populated, its considerable size and its special geographicalposition; whereas, therefore, this Directive should not apply to Green-land,
HAS ADOPTED THIS DIRECTIVE:
Article 1
1. This Directive:
— pursuant to Article 6 (1) of Directive 76/464/EEC, lays down limit
values for emission standards for mercury in discharges from indus-trial plants as defined in Article 2 (e) hereof,
— pursuant to Article 6 (2) of Directive 76/464/EEC, lays down
quality objectives for mercury in the aquatic environment,
— pursuant to Article 6 (4) of Directive 76/464/EEC, lays down the
time limits for compliance with the conditions specified in theauthorizations granted by the competent authorities of MemberStates inrespect of existin g discharges,
— pursuant to 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,
— pursuant to 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,
— requires the Member States to draw up programmes to avoid or
eliminate pollution caused by discharges within the meaning ofArticle 4.
2. This Directive applies to the waters referred to inArticle 1 of
Directive 76/464/EEC, with the exceptionof groun dwater.
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) ‘handling of mercury’ means:1984L0156 — EN — 23.12.1991 — 001.001 — 3
(1) OJ No L 81, 27. 3. 1982, p. 29.
(2) OJ No L 20, 26. 1. 1980, p. 43.
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any industrial process involving the production or use of mercury,
or any other industrial process in which the presence of mercury isinherent;
(e) ‘industrial plant’ means:
a plant at which mercury or any substance containing mercury is
handled, with the exception of the industrial plant referred to in
Article 2 (d) of Directive 82/176/EEC;
(f) ‘existing plant’ means:
an industrial plant which is operational on the date of notification
of this Directive;
(g) ‘new plant’ means:
— an industrial plant which has become operational after the date
of notification of this Directive,
— an existing industrial plant whose mercury-handling capacity
has been substantially increased since 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 inAnnex I.
2. The limit values shall normally apply at the point where waste
waters containing mercury leave the industrial plant.
When waste waters containing mercury are treated outside the indus-
trial plant at a treatment plant intended for the removal of mercury,
the Member State may permit the limit values to be applied at the point
where the waste waters leave the treatment plant.
3. 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 where a Member State is complying withArticle 6 (3) of Directive 76/464/EEC on the basis of Annex II to thisDirective and Annex IV to Directive 82/176/EEC.
Authorizations shall be reviewed at least every four years.
4. Without prejudice to their obligations arising from paragraph 1, 2
and 3 and to the provisions of Directive 76/464/EEC, Member States
may grant authorizations for new plants only if those plants apply the
standards corresponding to the best technical means available whenthat is necessary for the elimination of pollution in accordance withArticle 2 of the said Directive or for the prevention of distortion ofcompetition.
Whatever method it adopts, the Member State shall, where for tech-
nical reasons the intended measures do not correspond to the besttechnical means available, provide the Commission, before any author-ization, with evidence in support of these reasons.
The Commissionshall forward this eviden ce to the other Member
States immediately and shall send all Member States a report as soonas possible giving its opinion on the derogation referred to in thesecond subparagraph. If necessary, it shall at the same time submit
appropriate proposals to the Council.
5. The reference method of analysis to be used in determining the
presence of mercury is given in Annex III (1) to Directive 82/176/
EEC. Other methods may be used provided that the limits of detection,
precisionan d accuracy of such methods are at least as good as thoselaid down in Annex III (1) to Directive 82/176/EEC. The accuracyrequired in the measurement of effluent flow is given in Annex III (2)to that Directive.
Article 4
1. The Member States shall draw up specific programmes for
mercury discharges by multiple sources which are not industrial plants1984L0156 — EN — 23.12.1991 — 001.001 — 4
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and for which the emission standards laid down in Article 3 cannot be
applied inpractice.
2. The purpose of these programmes shall be to avoid or eliminate
pollution. They shall include the most appropriate measures and techni-
ques for the replacement, retention and recycling of mercury. Theelimination of waste containing mercury shall be carried out in accor-dance with Council Directive 78/319/EEC of 20 March 1978 on toxicand dangerous waste(
1), as amended by the 1979 Act of Accession.
3. The specific programmes shall apply as from 1 July 1989 and
shall be communicated to the Commission.
Article 5
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 more than one
Member State, the Member States concerned shall cooperate with a
view to harmonizing monitoring procedures.
Article 6
1.►M1At intervals of three years the Member States shall send
information to the Commission on the implementation of this Directive,in the form of a sectoral report which shall also cover other pertinentCommunity Directives. This report shall be drawn up on the basis of aquestionnaire or outline drafted by the Commission in accordance with
the procedure laid downinArticle 6 of Directive 91/692/EEC(
2). The
questionaire or outline shall be sent to the Member States six monthsbefore the start of the period covered by the report. The report shallbe sent to the Commission within nine months of the end of thethree-year period covered by it.
The first report shall cover the period from 1993 to 1995 inclusive.The Commission shall publish a Community report on the implementa-
tion of the Directive within nine months of receiving the reports from
the Member States. ◄
2. In the event of a change in scientific knowledge relating princi-
pally to the toxicity, persistence and accumulation of mercury inliving organisms and sediments, or in the event of an improvement inthe best technical means available, the Commission shall submit appro-priate proposals to the Council with the aim of reinforcing, if
necessary, the limit values and the quality objectives or of establishing
additional limit values and additional quality objectives.
Article 7
1. Member States shall bring into force the measures necessary to
comply with this Directive within two years following its notification.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 governedby this Directive.
Article 8
This Directive shall not apply to Greenland.
Article 9
This Directive is addressed to the Member States.1984L0156 — EN — 23.12.1991 — 001.001 — 5
(1) OJ No L 84, 31. 3. 1978, p. 43.
(2) OJ No L 377, 31. 12. 1991, p. 48.
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ANNEX I
Limit values, time limits by which they must be complied with, and the
procedureformonitoringdischarges
1. The limit values and the time limits for the industrial sectors concerned are
set out together inthe table below:
Industrial sector(1)Limit value which must be
complied with as from:Unit of measurement
1 July 1986 1 July 1989
1. Chemical industries using
mercury catalysts:
(a) inthe productionof vin yl
chloride 0,1 0,05 mg/l effluent
0,2 0,1 g/t vinyl chloride production
capacity
(b) inother processes 0,1 0,05 mg/l effluen t
10 5 g/kg mercury processed
2. Manufacture of mercury
catalysts used inthe produc-
tionof vin yl chloride0,1 0,05 mg/l effluent
1,4 0,7 g/kg mercury processed
3. Manufacture of organic and
non-organic mercury
compounds (except for
products referred to inpoin t
2)0,1 0,05 mg/l effluent
0,1 0,05 g/kg mercury processed
4. Manufacture of primary
batteries containing mercury0,1 0,05 mg/l effluent
0,05 0,03 g/kg mercury processed
5. Non-ferrous metal
industry (2)
5.1. Mercury recovery plants 0,1 0,05 mg/l effluent
5.2. Extraction and refining
of non-ferrous metals 0,1 0,05 mg/l effluent
6. Plants for the treatment of
toxic wastes containing
mercury 0,1 0,05 mg/l effluent
(1) Limit values for industrial sectors other than the chlor-alkali electrolysis industry which are not mentioned in
this table, such as the paper and steel industries or coal-fired power stations, will, if necessary, be fixed bythe Council at a later stage. In the meantime, the Member States will fix emission standards for mercurydischarges autonomously in accordance with Directive 76/464/EEC. Such standards must take into accountthe best technical means available and must not be less stringent than the most nearly comparable limit value
in this Annex.
(
2) On the basis of experience gained in the implementation of this Directive the Commission will, pursuant to
Article 6 (3), submit to the Council proposals for more stringent limit values to be introduced 10 years afterthe notification of this Directive.
The limit values given in the table correspond to a monthly average concen-
trationor to a maximum mon thly load.
The amounts of mercury discharged are expressed as a function of the
amount of mercury used or handled by the industrial plant over the same
period or as a function of the installed vinyl chloride production capacity.
2. Limit values expressed as concentrations which in principle must not be
exceeded are given in the above table for the industrial sectors 1 to 4. In no
instance may limit values expressed as maximum concentrations be greater1984L0156 — EN — 23.12.1991 — 001.001 — 6
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than those expressed as maximum quantities divided by water requirements
per kilogram of mercury handled or per tonne of installed vinyl chloride
productioncapacity.
However, because the concentration of mercury in effluents depends on the
volume of water involved, which differs for different processes and plants,
the limit values, expressed interms of the quan tity of mercury discharged in
relation to the quantity of mercury handled or to the installed vinyl chloride
productioncapacity, giveninthe above table, must be complied with inall
cases.
3. The daily average limit values are twice the corresponding monthly average
limit values giveninthe table.
4. A monitoring procedure must be instituted to check whether the discharges
comply with the emission standards which have been fixed in accordance
with the limit values laid down in this Annex.
This procedure must provide for the taking and analysis of samples and for
measurement of the flow of the discharge and, where appropriate, the quan-
tity of mercury handled.
Should the quantity of mercury handled be impossible to determine, the
monitoring procedure may be based on the quantity of mercury that may be
used inthe light of the productioncapacity onwhich the authorizationwas
based.
5. A sample representative of the discharge over a period of 24 hours will be
taken. The quantity of mercury discharged over a month must be calculated
onthe basis of the daily quan tities of mercury discharged.
However, a simplified monitoring procedure may be instituted in the case of
industrial plants which do not discharge more than 7,5 kilograms of mercury
per annum.1984L0156 — EN — 23.12.1991 — 001.001 — 7
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ANNEX II
Qualityobjectives
For those Member States which apply the exceptionreferred to inArticle 6 (3)
of Directive 76/464/EEC, the emissionstan dards which Member States must
establish and ensure are applied, pursuant to Article 5 of that Directive, will be
fixed so that the appropriate quality objective or objectives from among those
listed in sections 1, 2 and 3 of Annex II to Directive 82/176/EEC is or are
complied with inthe area affected by discharges of mercury.
The competent authority shall determine the area affected in each case and shall
select from among the quality objectives listed in section 1 of Annex II to
Directive 82/176/EEC the objective or objectives that it deems appropriate
having regard to the intended use of the area affected, while taking account of
the fact that the purpose of this Directive is to avoid or eliminate all pollution.
The numerical values of the quality objectives specified in 1.2, 1.3 and 1.4 of
Annex II to Directive 82/176/EEC may, as an exception and where this is neces-
sary for technical reasons, be multiplied by 1.5 until 1 July 1989, provided that
the Commission has been notified beforehand.1984L0156 — EN — 23.12.1991 — 001.001 — 8