1978L0176 — EN — 28.01.1983 — 002.001 — 1
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►B COUNCILDIRECTIVE
of20February1978
onwastefromthetitaniumdioxideindustry
(78/176/EEC)
(OJ L 54, 25.2.1978, p. 19)
Amended by:
Official Journal
No page date
►M1Council Directive 82/883/EEC of 3 December 1982 L 378 1 31.12.1982
►M2Council Directive 83/29/EEC of 24 January 1983 L 32 28 3.2.1983
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COUNCILDIRECTIVE
of20February1978
onwastefromthetitaniumdioxideindustry
(78/176/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community, and in particular Articles100 and 235 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament(1),
Having regard to the opinion of the Economic and Social
Committee(2),
Whereas waste from the titanium dioxide industry is liable to be
harmful to human health and the environment; whereasit isthereforenecessary to prevent and gradually reduce pollution caused by such
waste with a view to eliminating it;
Whereasthe 1973(
3) and 1977(4) European Communities' Programmes
of Action on the Environment refer to the need to undertake Commu-nity action against waste from the titanium dioxide industry;
Whereas any disparity between the provisions on waste from the tita-
nium dioxide industry already applicable or in preparation in thevariousMember Statesmay create unequal conditionsof competition
and thusdirectly affect the functioning of the common market; whereas
it is therefore necessary to approximate laws in this field, as providedfor 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 andimprovement of the quality of life can be achieved by more extensiverules; whereas certain specific provisions to this effect should thereforebe laid down; whereasArticle 235 of the Treaty s hould be invoked as
the powersrequired for thispurpos e have not been provided for by the
Treaty;
WhereasDirective 75/442/EEC(
5), concerns waste disposal in general;
whereas for waste from the titanium dioxide industry it is advisable to
lay down a special system which will ensure that human health and the
environment are protected against the harmful effects caused by theuncontrolled discharge, dumping or tipping of such waste;
Whereas in order to attain these objectives there should be a system of
prior authorization as regards the discharge, dumping, storage, tippingor injecting of waste; whereas the issue of this authorization should bemade subject to specific conditions;
Whereas discharge, dumping, storage, tipping and injecting of waste
must be accompanied both by monitoring of the waste and monitoringand surveillance of the environment concerned;
Whereas for existing industrial establishments Member States must, by
1 July 1980, draw up programmes for the progressive reduction ofpollution caused by such waste with a view to its elimination; whereasthese programmes must fix the general reduction targets to be attainedby 1 July 1987 at the latest and indicate the measures to be taken foreach establishment;1978L0176 — EN — 28.01.1983 — 002.001 — 2
(1) OJ No C 28, 9. 2. 1976, p. 16.
(2) OJ No C 131, 12. 6. 1976, p. 18.
(3) OJ No C 112, 20. 12. 1973, p. 3.
(4) OJ No C 139, 13. 6. 1977, p. 3.
(5) OJ No L 194, 25. 7. 1975, p. 39.
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Whereas for new industrial establishments Member States must issue a
prior authorization; whereas such authorization must be preceded by anenvironmental impact study and may be granted only to firms which
undertake to use only those materials, processes and techniques avail-
able on the market that are least damaging to the environment,
HAS ADOPTED THIS DIRECTIVE:
Article 1
1. The aim of thisDirective isthe prevention and progres s ive reduc-
tion, with a view to its elimination, of pollution caused by waste from
the titanium dioxide industry.
2. For the purpose of this Directive:
(a) ‘pollution’ meansthe dis charge by man, directly or indirectly, of
any residue from the titanium dioxide manufacturing process intothe environment, the results of which are such as to cause hazardsto human health, harm to living resources and to ecosystems,damage to amenitiesor interference with other legitimate us esof
the environment concerned;
(b) ‘waste’ means:
— any residue from the titanium dioxide manufacturing process of
which the holder disposes or is obliged to dispose under current
national legislation;
— any residue from a treatment process of a residue referred to in
the first indent;
(c) ‘disposal’ means:
— the collection, sorting, transport and treatment of waste as well
asitss torage and tipping above ground or underground and its
injection into the ground;
— the discharge thereof into surface water, ground water and the
sea, and dumping at sea;
— the transformation operations necessary for its re-use, recovery
or recycling;
(d) ‘existing industrial establishments’ means those industrial establish-
mentsalready s et up on the date of notification of thisDirective;
(e) ‘new industrial establishments’ means those industrial establish-
ments which are in the process of being set up on the date ofentry into force of thisDirective or which are s et up after that
date. Extensions to existing industrial establishments leading to an
increase of 15 000 tonnes per year or more in the titanium dioxideon-site production capacity of the establishment concerned shall betreated as new industrial establishments.
Article 2
Member States shall take the necessary measures to ensure that waste
is disposed of without endangering human health and without harmingthe environment, and in particular:
— without risk to water, air, soil and plants and animals;
— without deleteriously affecting beauty-spots or the countryside.
Article 3
Member States shall take appropriate measures to encourage the
prevention, recycling and processing of waste, the extraction of rawmaterials and any other process for the re-use of waste.
Article 4
1. The discharge, dumping, storage, tipping and injection of waste
are prohibited unless prior authorization is issued by the competentauthority of the Member State in whose territory the waste is produced.1978L0176 — EN — 28.01.1983 — 002.001 — 3
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Prior authorization must also be issued by the competent authority of
the Member State
— in whose territory the waste is discharged, stored, tipped or
injected;
— from whose territory it is discharged or dumped.
2. Authorization may be granted for a limited period only. It may be
renewed.
Article 5
In the case of discharge or dumping, the competent authority may, in
accordance with Article 2 and on the basis of the information supplied
in accordance with Annex I, grant the authorization referred to in
Article 4 provided that:
(a) the waste cannot be disposed of by more appropriate means;
(b) an assessment carried out in the light of available scientific and
technical knowledge shows that there will be no deleterious effect,
either immediate or delayed, on the aquatic environment;
(c) there is no deleterious effect on boating, fishing, leisure activities,
the extraction of raw materials, desalination, fish and shellfish
breeding, on regions of special scientifc importance or on other
legitimate uses of the waters in question.
Article 6
In the case of storage, tipping or injection, the competent authority
may, in accordance with Article 2, and on the basis of the informationsupplied in accordance with Annex I, grant the authorization referred toin Article 4, provided that:
(a) the waste cannot be disposed of by more appropriate means;
(b) an assessment carried out in the light of available scientific and
technical knowledge shows that there will be no detrimental effect,either immediate or delayed, on underground waters, the soil or theatmosphere;
(c) there is no deleterious effect on leisure activities, the extraction of
raw materials, plants, animals, on regions of special scientificimportance or on other legitimate uses of the environment in ques-tion.
Article 7
1. Irrespective of the method and extent of treatment of the waste in
question, its discharge, dumping, storage, tipping and injection shall be
accompanied by the monitoring referred to in Annex II of the wasteand of the environment concerned having regard to itsphys ical,chemical, biological and ecological aspects.
2. The monitoring operationss hall be carried out periodically by one
or more bodiesappointed by the Member State the competent authority
of which has issued the authorization provided for in Article 4. In the
case of cross-frontier pollution between Member States, the body inquestion shall be appointed jointly by the parties concerned.
3. Within one year of notification of this Directive, the Commission
shall submit to the Council a proposal on the procedures for thesurveillance and monitoring of the environments concerned. The
Council shall act on this proposal within six months of the publication
of the opinion of the European Parliament and that of the Economicand Social Committee in the Official Journal ofthe European Commu-
nities.
Article 8
1. The competent authority in the Member State concerned shall
take all appropriate steps to remedy one of the following situations1978L0176 — EN — 28.01.1983 — 002.001 — 4
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and, if necessary, shall require the suspension of discharge, dumping,
storage, tipping or injection operations:
(a) if the results of the monitoring provided for in Annex II (A) (1)
show that the conditions for the prior authorization referred to inArticles4, 5 and 6 have not been fulfilled, or
(b) if the results of the acute toxicity tests referred to in Annex II (A)
(2) show that the limits laid down therein have been exceeded, or
(c) if the results of the monitoring which the Member States are
obliged to carry out on the environment concerned reveal a dete-rioration in the area under consideration, or
(d) if discharge or dumping produces a deleterious effect on boating,
fishing, leisure activities, the extraction of raw materials, desalina-tion, fish and shellfish breeding, on regions of special scientificimportance or on other legitimate uses of the waters in question, or
(e) if storage, tipping or injection produces a deleterious effect on
leisure activities, the extraction of raw materials, plants, animals,
on regions of special scientific importance or on other legitimateuses of the environments in question.
2. If several Member States are concerned, the measures shall be
taken after consultation.
Article 9
1. Member States shall draw up programmes for the progressive
reduction and eventual elimination of pollution caused by waste fromexisting industrial establishments.
2. The programmes mentioned in paragraph 1 shall set general
targets for the reduction of pollution from liquid, solid and gaseouswaste, to be achieved by 1 July 1987 at the latest. The programmes
shall also contain intermediate objectives. They shall, moreover,
contain information on the state of the environment concerned, onmeasures for reducing pollution and on methods for treating wastethat is directly caused by the manufacturing processes.
3.►
M2By 1 July 1980 at the latest the programmes referred to in
paragraph 1 shall be sent to the Commission, which, before 15 March1983, shall submit suitable proposals to the Council ◄for the harmo-
nization of these programmes in regard to the reduction and eventual
elimination of pollution and the improvement of the conditionsof
competition in the titanium dioxide industry. The Council shall act onthese proposals within six months of the publication of the opinion ofthe European Parliament and that of the Economic and SocialCommittee in the Official Journal of the European Communities .
4. Member Statess hall introduce a programme by 1 January 1982 at
the latest.
Article 10
1. The programmesreferred to in Article 9 (1) mus t cover all
existing industrial establishments and must set out the measures to be
taken in respect of each of them.
2. Where, in particular circumstances, a Member State considers
that, in the case of an individual establishment, no additional measures
are necessary to fulfil the requirements of this Directive, it shall, withinsix months of notification of this Directive, provide the Commissionwith the evidence which hasled it to that conclus ion.
3. After conducting any independent verification of the evidence
that may be necessary, the Commission may agree with the MemberState that it is not neccessary to take additional measures in respect ofthe individual establishment concerned. The Commission must give itsagreement, with reasons, within six months.1978L0176 — EN — 28.01.1983 — 002.001 — 5
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4. If the Commission does not agree with the Member State, addi-
tional measures in respect of that establishment shall be included inthe programme of the Member State concerned.
5. If the Commission does agree, its agreement will be periodically
reviewed in the light of the results of the monitoring carried outpursuant to this Directive and in the light of any significant change inthe manufacturing processes or in environmental policy objectives.
Article 11
New industrial establishments shall be subject to applications for prior
authorization made to the competent authoritiesof the Member Stateon whose territory it is proposed to build the establishments. Suchauthorizations must be preceded by environmental impact surveys.
They may be granted only to firmswhich give an undertaking to us e
only such of the materials, processes and techniques available on themarket asare leas t damaging to the environment.
Article 12
Without prejudice to thisDirective, Member Statesmay adopt more
stringent regulations.
Article 13
1. For the purposes of this Directive, Member States shall supply the
Commission with all the necessary information relating to:
— the authorizations issued pursuant to Articles 4, 5 and 6,
— the results of the monitoring of the environment concerned carried
out pursuant to Article 7,
— the measures taken pursuant to Article 8.
They shall also supply the Commission with general information
concerning the materials, processes and techniques notified to thempursuant to Article 11.
2. Information acquired asa res ult of the application of thisArticle
may be used only for the purposes of this Directive.
3. The Commission and the competent authorities of the Member
States, their officials and other servants shall not disclose informationacquired by them pursuant to this Directive and of a kind covered by
the obligation of professional secrecy.
4. Paragraphs2 and 3 s hall not prevent publication of general infor-
mation or surveys which do not contain information relating toparticular undertakings or associations of undertakings.
Article 14
Every three yearsthe Member Statess hall prepare a report on the
prevention and progressive reduction of pollution caused by wastefrom the titanium dioxide industry and shall forward it to the Commis-sion, which shall communicate it to the other Member States.
The Commission shall report every three years to the Council and the
European Parliament on the application of thisDirective.
Article 15
1. Member States shall bring into force the measures needed to
comply with thisDirective within 12 months , of itsnotification and
shall forthwith inform the Commission thereof.
2. Member States shall communicate to the Commission the texts of
the national lawswhich they adopt in the field covered by thisDirec-tive.1978L0176 — EN — 28.01.1983 — 002.001 — 6
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Article 16
This Directive is addressed to the Member States.1978L0176 — EN — 28.01.1983 — 002.001 — 7
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ANNEX I
PARTICULARSWHICH MUSTBE SUPPLIEDINORDERTO OBTAIN
THE PRIOR AUTHORIZATION REFERREDTO IN ARTICLES 4, 5
AND6
A.Characteristicsandcompositionofthematter:
1. total amount and average compositions of matter dumped (e.g. per year);
2. form (e.g. solid, sludge, liquid or gaseous);
3. properties: physical (e.g. solubility and density), chemical and biochem-
ical (e.g. oxygen demand) and biological;
4. toxicity;5. persistence: physical, chemical and biological;
6. accumulation and biotransformation in biological materials or sediments;
7. susceptibility to physical, chemical and biochemical changes and interac-
tion in the environment concerned with other organic and inorganic
materials;
8. probability of production of taintsor other changesreducing market-
ability of resources (fish, shellfish, etc.).
B.Characteristicsofdumpingordischargesiteandmethodsofdisposal:
1. location (e.g. coordinatesof the dumping or dis charge area, depth and
distance from the coast), location in relation to other areas (e.g. amenity
areas, spawning, nursery and fishing areas and exploitable resources);
2. rate of disposal per specific period (e.g. quantity per day, per week, per
month);
3. methodsof packaging and containment, if any;
4. initial dilution achieved by proposed method of release, particularly the
speed of the ship;
5. dispersal characteristics (e.g. effects of currents, tides, and wind on hori-
zontal transport and vertical mixing);
6. water characteristics (e.g. temperature, pH, salinity, stratification, oxygen
indices of pollution — dissolved oxygen (DO), chemical oxygen demand
(COD), biochemical oxygen demand (BOD), nitrogen present in organic
and inorganic form, including ammonia, suspended matter, other nutrients
and productivity);
7. bottom characteristics (e.g. topography, geochemical and geological char-
acteristics and biological productivity);
8. existence and effects of other dumpings or discharges which have been
made in the area concerned (e.g. heavy metal background reading and
organic carbon content).
C.Characteristics of the tipping, storage or injection area and disposal
methods:
1. geographical siuation;
2. characteristics of adjacent areas;
3. methodsof packaging and containment, if any;4. characteristics of the methods of tipping, storage and injection, including
an assessment of precautions taken to avoid the pollution of waters, the
soil and the atmosphere.1978L0176 — EN — 28.01.1983 — 002.001 — 8
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ANNEX II
SURVEILLANCEANDMONITORINGOFDISPOSAL
A.Monitoringofwaste
Disposal operations shall be accompanied by:
1. checks on the quantity, composition and toxicity of the waste to ensure
that the conditionsfor prior authorization referred to in Articles4, 5 and
6 are fulfilled;
2. tests for acute toxicity on certain species of molluscs, crustaceans, fish
and plankton, preferably species commonly found in the discharge areas.
In addition, tests shall be carried out on samples of the brine shrimp
species (Artemia salina).
Over a period of 36 hoursand at an effluent dilution of 1/5 000, thes e
tests must not reveal:
— more than 20 % mortality for adult forms of the species tested,
— and for larval forms, mortality exceeding that of a control group.
B.Surveillanceandmonitoringoftheenvironmentconcerned
I. In The case of discharge into fresh water or into the sea or in the case of
dumping, such checks shall relate to the three following items: water
column, living matter and sediments. Periodic checks on the state of the
area affected by the discharges will make it possible to follow the devel-
opment of the environmentsconcerned.
Monitoring shall include the determination of:
1. pH;
2. dissolved oxygen;3. turbidity;
4. hydrated iron oxides and hydroxides in suspension;
5. toxic metals in water, suspended solids, sediments and in accumula-
tion in selected benthic and pelagic organisms;
6. the diversity and the relative and absolute abundance of flora and
fauna.
II. In the case of storage, tipping or injection the monitoring shall include:
1. tests to ensure that surface waters and ground waters are not contami-
nated. These tests shall include the measurement of:
— acidity,
— iron content (soluble and particulate),— calcium content,— toxic metal content (soluble and particulate) if any;
2. where necessary, tests to determine any adverse effects on the struc-
ture of the subsoils;
3. a general assessment of the ecology of the area in the vicinity of the
tipping, storage or injection point.1978L0176 — EN — 28.01.1983 — 002.001 — 9