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Vol. 1986/0 285 
  
 
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COMMISSION OF THE EUROPEAN COMMUNITIES
C0MC86) 710 final
Brussels, 8 December 1986
Proposal for a  
COUNCIL DECISION
on a supplement, in respect of mercury originating in sectors other than the  
chlor-alkali electrolysis industry, to Annex IV to the Convention for the  
Protection of the Rhine against Chemical Pollution
and
Commission Communication to the Council
on the recommendation by the International Commission for the Protection of  
the Rhine against Pollution on the monitoring of mercury discharges by  
sectors other than the chlor-alkali electrolysis industry
C0MC86) 710 final

SUMMARY
On 25 July 1977 the Council decided to sign the Convention for the Protection  
of the Rhine against Chemical Pollution (77/586/EEC).  For the purposes of  
applying this Convention, the International Commission for the Protection of  
the Rhine drafted the following documents in accordance with Articles 3, 4, 5  
and 14 of the Convention :
- a proposal intended as a  supplement to Annex IV of the Convention, and
- a recommendation on the monitoring of mercury discharges by sectors other  
than the chlor-alkali electrolysis industry.
The proposal, which w ill come in to  force a fte r unanimous acceptance by the 
Contracting P arties to the Convention, and the recommendation concern mercury 
discharges in to  the Rhine by sectors other than the c h lo r-a lk a li e le c tro ly s is  
in d u stry.
In practice they are consistent with the provisions of the Directive of 8 March  
1984 on limit values and quality objectives for mercury discharges by sectors  
other than the chlor-alkali electrolysis industry.

1. Proposed Council Decision
EXPLANATORY MEMORANDUM
1.1. Background
On 25 July 1977 the Council decided to sign the Convention on the Protection  
of the Rhine against Chemical Pollution and the Additional Agreement to  
the Agreement, signed in Berne on 29 April 1963, concerning the International  
Commission for the Protection of the Rhine against Pollution (77/586/EEC) (1).
The Convention and the Additional Agreement were signed in Bonn on 3 December  
1976 by the Federal Republic of Germany, the French Republic, the Grand Duchy  
of Luxembourg, the Kingdom of the Netherlands, the Swiss Confederation and  
the European Economic Community, and both entered into force on 1 February 1979.
The aim of the Convention for the Protection of the Rhine against Chemical  
Pollution (hereinafter referred to as the Convention) is to eliminate or ,  
reduce pollution of the surface waters of the Rhine basin by dangerous  
substances in the families and groups of substances listed in Annexes I and II  
to the Convention. Accordingly, it pursues the same objectives and provides  
in numerous instances for the same measures as Council Directive 76/464/EEC of  
4 May 1976 on pollution caused by certain dangerous substances discharged into  
the aquatic environment of the Community (2).
To become a Contracting Party to the Convention, the Community had to accede  
to the Agreement, signed in Berne on 29 April 1963, concerning the International  
Commission for the Protection of the Rhine against Pollution (hereinafter  
referred to as the International Commission). To this end, the said Agreement  
was amended by the Additional Agreement of 3 December 1976.
(1) OJ L 240 of 19.9.1977, p. 35
(2) OJ L 129 of 18.5.1976, p. 23

-  2 -V
Under the Council Decision of 25 July 1977 the Commission represents  
the Community on the International Commission for the Protection of  
the Rhine against Pollution.
1.2. Ai_m_of _t he_grogosa]1
Articles 5 and 14 of the Convention provide that the International Commission  
shall propose to the Contracting Parties limit values for the discharge of  
substances appearing in Annex I into the waters of the Rhine. These proposals  
enter into force after unanimous acceptance by the Contracting Parties and  
are then included in Annex IV to the Convention. Any proposals thus adopted  
have to be notified to the Government of the Swiss Confederation.
This procedure has already been followed for limit values applicable to  
mercury discharges from chlor-alkali electrolysis establishments and to  
cadmium discharges, giving rise to the Council Decision of 24 June 1982  
(82/460/EEC) (3) on a supplement to Annex IV to the Chemical Pollution  
Convention, which was notified to the Government of the Swiss Confederation  
on 1 March 1983, and to the Council Decision of 27 June 1985 (85/336/EEC) (4)  
concerning a supplement to Annex IV in respect of cadmium.
The International Commission's proposal intended as a supplement on mercury  
discharges from other sectors to Annex IV to the Chemical Pollution Convention  
was transmitted to the Commission by the Government of the Swiss Confederation  
on 16 May 1986 with a view to adoption by the European Economic Community.
The proposal is accompanied by recommendations from the International  
Commission dated 10 July 1985 concerning the application of the proposed  
limit values for mercury discharges.
(3) 0J L 210 of 19.7.1982, p. 8
(4) 0J L 175 of 5.7.1985, p. 36

The International Commission proposes limit values on emission standards  
and deadlines applicable to discharges of mercury into the Rhine from  
the following sectors :
a) chemical industries using mercury catalysts ;
b) the manufacture of mercury catalysts used in the production of vinyl  
chloride ;
c) the manufacture of other mercury compounds ;
d) the manufacture of primary batteries containing mercury ;
e) the non-ferrous metal industry ;
f) plants for the treatment of toxic wastes containing mercury.
The limit values are expressed in terms of maximum concentration and  
maximum quantity except in the case of the last two sectors where only  
the maximum concentration is laid down.
1.3. Consistenç^_wi^th_the_measures_taken_at_Çommuni_t^_J.evel^
Represented by the Commission, the Community has taken an active part in  
the work of the International Commission, notably within Working Party B  
('Water supply, hygiene and treatment of waste water'). The consistency  
of the proposal from the International Commission with the Community  
Directives directly involved is thus assured.
Preparatory work on this proposal ran parallel with Community work leading  
to the adoption by the Council of the Directive of 8 March 1984 on limit  
values and quality objectives for mercury discharges by other sectors  
(84/156/EEC)<5).
Most of the provisions of the proposal in question are identical with those  
laid down in directive 84/156/EEC and are consistent with the Community texts.
(5) OJ L 74 of 17.3.1984, p. 49

- 4 -
Nevertheless, directive 84/156/EEC is more stringent in that it provides  
that the Member States shall draw qp specific programmes fqr mercury  
discharges by multiple sources which are not industrial plants and for  
which the agreed emission standards cannot be applied in practice.
In the International Commission statement accompanying the proposal the only  
requirement is that the Contracting Parties shall inform the International  
Commission on the measures they have taken or intend to take in this field.  
The EEC used the same document to state that the proposal for a less  
stringent decision must not prejudice the application of directive 84/156/EEC  
by the Contracting Parties who are Member States of the EEC.
1.4. Consultation_of_the_Eurogean_ParIlament
The proposed decision is based on Article 235 of the Treaty under which the  
European Parliament must be consulted. This proposal must be submitted to  
the Parliament for opinion. The Commission feels that the opinion of the  
Economic and Social Committee on this proposal should also be requested.

/
Proposal for a  
C O U N C I L  D E C IS IO N  
o n  a  supplement in respect of
mercury originating in sectors other than the chloi— alkali 
electrolysis industry, to A nnex IV  to the Convention for the 
Protection of the Rhine against Chemical Pollution
T H E  C O U N C I L  O F  T H E  E U R O P E A N  C O M M U N IT IE S ,
Having regard to the Treaty establishing the European Econom ic C om m unity, 
and in particular Article 235 thereof,
Having regard to the proposal from  the Commission,
H aving regard to the opinion of the European Parliament,
H aving regard to the opinion of the Econom ic and Social Committee,
W hereas by Council Decision 77/586/EEC (1) the C om m unity 
concluded the Convention for the protection of the Rhine against Chemical 
Pollution, hereinafter referred to as 'The Convention', and the Additional 
A greem ent to the Agreem ent signed in Berne on 29 April 1963 concerning the 
International Com m ission for the Protection of the Rhine against Pollution, 
hereinafter referred to as the 'International Commission' ;
W hereas under Article 5  of the Convention the International Com m ission proposes 
limit values for the discharge of certain substances into the surface waters 
of the Rhine basin by w a y  of am endm ents to A nnex IV  to the Convention; whereas 
under Article 1 4  of the Convention unanimous acceptance by the Contracting 
Parties to the Convention is necessary for the entry into force of these 
am endm ents ;
(1) O J  N °  L  240, 19.9.1977, p. 51.

Whereas, in the form  of a proposal designed to supplement A n n ex  IV  to 
the Convention, the International Com m ission has established limit values 
for mercury discharged by industries other then the chlor-alkali electrolysis 
industry ;
W hereas Counci l Directive 84/156/EEC (2) lays do w n  limit values for mercury discharges 
by sectors other than the chlor-alkali electrolysis industry into the aquatic 
environment of the Com m unity; whereas these limit values are identical to those 
set out in the proposal of the International Com m ission ;
W hereas Article 4  of that Directive requires M e m b er States to draw  up specific 
program m es for reduction of mercury discharges by multiple sources which are 
not industrial plants; whereas there are no such provisions in the proposal of 
the International Com m ission ;
W hereas it is desirable that the Com m unity, as a Contracting Party to the 
Convention,adopt the abovementioned proposal;
H A S  D E C I D E D  A S  F O L L O W S  :
Article 1
T he proposal from  the International Com m ission for the Protection of the Rhine 
against pollution intended to supplement, in respect of mercury originating in 
sectors other than the chlor-alkali electrolysis industry, A nnex IV  to the 
Convention for the Protection of the Rhine against Chemical Pollution, is hereby 
adopted on behalf of the European Econom ic C om m unity.
T he text of the proposal is annexed to this Decision.
(2) O J  N °  L  74, 17.3.1984, p. 49.

Article 2
This Decision shall be applicable without prejudice to the specific 
provisions in other C om m unity Regulations, particularly Article 4  of 
Directive 84/156/EEC.
Article 3
T he President of the Council shall notify the G overnm ent of the Swiss 
Confederation, in accordance with the procedures laid d o w n  by the Convention, 
of the adoption of the proposal referred to in Article 1.
D o n e  at
For the Council, 
T he President

P R O P O S A LXI/247/86 - E N
from  the IN T E R N A T I O N A L  C O M M I S S I O N  F O R  T H E  P R O T E C T I O N  O F  T H E  R H IN E  A G A I N S T  P O L L U T IO N  to supplement A n n ex  IV  to the 
Convention o n  the Protection of the Rhine against Chemical Pollution, signed in B o n n  o n  3  D ecem ber 1976
T he International Com m ission for the Protection of the Rhine against Pollution,
Having regard to the Convention on the Protection of the Rhine against Chem ical Pollution, signed in B o n n  o n  3  D ecem ber 1  
H aving regard in particular to Articles 3, 4, 5  and 1 4  thereof,
H aving regard to the proposal of 28 June 1979 tabled at B aden in Switzerland and intended to add to A n n ex  IV  of the above 
Convention limit values for mercury discharges from  chlor-alkali electrolysis establishments,
Proposes to the Contracting Parties to the Convention that A nnex IV  to the Convention of 3  D ecem ber 1976 be supplemented 
as follows in respect of mercury :
Substance 
or group 
substances\
OriginLimit value in terms of 
the m a x im u m  concentration 
of a  substanceLimit value in terms of 
the m a x im u m  quantity of 
a  substanceT im e limit for 
exi sting 
dischargesR em arks
1 2 3 4 5 6
M ercury 1. Chemical industries 
using mercury 
catalysts•(1  ), (2), (3), 
(4)
1.1. For the production 
of vvinyl chloride0,05 milligrams of mercury 
per litre of waste water0,1 gram s of mercury 
per tonne of vinyl 
chloride production 
capacity01.07.1989
For existing discharges the 
provisional limit value of 
0,1 milligrams of mercury 
per litre of waste water 
applies.For existing discharges 
the provisional limit 
value of 0,2 gram s of 
mercury per tonne of 
vinyl chloride 
production capacity 
aDDlies01.07.1986

-  2 - X I'/247/86” E N
1 2 3 4 5 6
M ercury. 1.2 for the manufacture of 
other products0,05 m i lli'grams of mercury 
per litre of waste water5  gram s of mercury per 
Kilogram of mercury Treated01.07.1989 (1), (2), (3), 
(4)
For existing discharges the 
provisional limit value of 
Q ,1  milligrams of mercury 
per litre of waste water 
appliesTor exisiting discharges the 
provisional limit value of 
10 gram s of mercury per 
kilogram treated applies01.07.1986
2. T he manufacture of
mercury catalysts used 
in the production of 
vinyl chloride0,05 milligrams of mercury ·  
per litre of waste "w a ter0,7 gram s of mercury per 
kilogram of mercury treated01.07.1989
for existing discharges the 
provisional limit value of 
0,1 milligrams of mercury 
per litre of waste water 
appliesFor existing discharges the 
provisional limit value of 
1,4 gram s of mercury per 
kilogram of mercury treated 
appli es01.07.1986
3. T he manufacture of
organic and non-organic 
mercury com pounds 
(except the products 
covered by point 2)0,05 milligrams of mercury 
per litre of waste water0,05 gram s of mercury per 
kilogram of mercury treated01.07.1989
For existing discharges the 
provisional limit value of 
0,1 milligrams of mercury 
per litre of waste water 
appliesFor existing discharges the 
provisional limit value of 
0,1 gram s of mercury per 
kilogram of mercury treated 
appli es01.07.1986
•  a  a  j · · ·

- 3  - XI/247/86 - E N
1 2 3 4 5 6
M ercury 4. Manufacture of primary 
batteries containing 
mercury0,05 milligrams of mercury '  
per litre of waste water.0,03 gram s of mercury per 
kilogram of mercury treated01.07.1989 (1), (2), (3), 
(4)
For existing discharges the 
provisional limit value of 
0,1 milligrams of mercury 
v p er litre of waste water 
appli esFor existing discharges the 
provisional limit value of 
0,05 gram s of mercury per 
kilogram of mercury treated 
applies01.07.1986
5. Non-ferrous m et'al 
industries(1), (2), (3). 
(4), (5)
« 5.1 Establishments for 
.the recovery of0,05 milligrams of mercury 
per litre  of discharge .01.07.1989
mercury
1For existing discharges 
the provisional limit value 
c o f 0,1 milligrams per litre 
of waste water appliest 01.07.1986
5.2 Extraction and 
refining of 
.non-ferrous metals
i
S  \,0,05 milligrams of mercury 
per litre of waste water01.07.1989
For existing discharges the 
provisional limit value of 
0,1 milligrams of mercury 
per litre of waste water 
appli est01.07.1986
·« ·/···

- 4  - XI/247/86 - E N
1 2 3 4 5 6
M ercury 6. Establishments for the 
treatment of toxic 
waste containing 
mercury0,05 milligrams of mercury 
.  per litre of waste water01.07.1989 (1), (2), (3), 
(4)
For existing discharges 
the provisional limit value 
;  of 0,1 milligrams of 
mercury per litre of waste 
water applies01.07.1986
If necessary, limit values for other industries, such as paper, steel and coal-fired pow er stations, will be proposed b y  
the International Com m ission at a  later stage. In hte m eantime the governments will fix emission standards for mercury 
autonomously in accordance with Articles 3  and 4  of the Convention. These standards m ust take account of the best technical 
m eans available and m ust not be less stringent than the nearest comparable limit value in A n n ex  IV .
Pursuant to Articles 1 4  and 19 of the Convention, these privisions will enter into force after their unanim ous acceptance 
by the Contracting Parties to the Convention.
T he Contracting Parties will notify their adoption to the G overnm ent of the Swiss Confederation w hich will acknowledge 
reception of notification.

C D  T he Limit values given in the table represent a  monthly average 
concentration or a  monthly average load.
T he amounts of mercury discharged are expressed in terms of the 
quantity of mercury treated by a given industrial establishment during 
the sam e period or in terms of a  plant's installed vinyl chloride 
production capacity.
(2) Limit values, expressed in terms of concentration, are given in the above 
table for industries 1  to 4  and should not, in principle, be exceeded.
In no case m a y  the limit values expressed in terms of m a x im u m  concen­
tration exceed those expressed in terms of m a x im u m  quantity divided b y  
water requirements per kilogram of mercury treated or per tonne of 
installed vinyl chloride production capacity. Nevertheless, as the 
concentration of mercury in effluents depends on the volum e of water 
involved, and as this differs from  one process and establishment to the 
next, the limit values, expressed in terms of the quantity of mercury 
discharged as compared with the quantity of mercury treated or the 
installed vinyl chloride capacity given in the above table, m ust be 
complied with at all times.
(3) T he limit values given in the above table refer to the am ount of mercury 
contained in an unfiltered sample. They apply to total mercury in all 
waste water resulting from  production processes and discharged from  the 
site of the production plant.
Discharges containing mercury shall be treated off the premises of the 
production plant in an establishment designed for eliminating mercury. 
Governments m a y  permit the limit values to apply at the point w here the 
discharge leaves the plant.

(4) Average daily limit values shall be equivalent to double the 
corresponding average monthly limit values given in the table.
(5) O n  the basis of experience gained in applying these provisions
the International Com m ission will submit to the Contracting Parties 
proposals relating to the non-ferrous metals industry and intended 
to lay d o w n  m ore stringent limit values for entry into force ten years 
after the adoption of these provisions.

Com m ission Communication to the Council on the Recom m endation by the
International Com m ission for the Protection of the Rhine against Pollution 
on the monitoring of mercury discharges by sectors other than the chlor-alkali 
electrolysis industry.
2.1. Articles 1 2  and 1 3  of the Convention provide that 'The International
Com m ission shall m a k e  recommendations, as appropriate, designed gradually 
to improve the implementation of this Convention', and that it 'shall w ork 
out recommendations for achieving comparable results by using appropriate 
measuring and analysis measures'.
In line with these provisions the International Com m ission has drawn u p  
recommendations w hich it is transmitting to the Contracting Parties for 
information. T he recommendations concern discharges of mercury by those 
industries covered by the proposal for a  Council Decision referred to in 
point 1  above.
T he recommendations cover :
a) T he calculation of limit values expressed in terms of the m a x im u m  
concentration of mercury in waste water ;
b) a  reference analysis method;
c) sampling and monitoring of discharges ;
d) the m ethod of calculating the quantities of mercury discharged per 
m onth ;
e) the possibility of using a  simplified procedure in certain specific 
cases.

T he recommendations correspond by and Large with the provisions 
set out in the Council Directive of 8  M arch 1984 on limit values 
and quality objectives for mercury discharges by other industries 
into the aquatic environment (1).
2.2. T he Com m ission requests the Council to take note of this Communication 
w hich has also been sent to the European Parliament and the Econom ic 
and Social Com m ittee for information.
2.3. T he text of the recommendations of the International Commission, dated 
10 July 1985, is annexed.
(1) 0J L  7 4  of 17.3.1984

A N N E X  I
R E C O M M E N D A T I O N S
In Line with its proposal m ad e in Basle on 1 0  July 1985 concerning limit 
values for mercury discharges, the International Com m ission for the 
Protection of the Rhine against Pollution hereby m akes the following 
recommendations to the Contracting Parties to the Convention for the 
Protection of the Rhine against Chemical Pollution in accordance with the 
provisions of Articles 1 2  and 1 3  of the said Convention :
1. W h ere the waste water from  production is diluted by other waste water, 
the limit value expressed in terms of m a x im u m  concentration should be 
divided by the corresponding dilution factor.
2. T he limit values laid d o w n  in A n n ex  IV  for mercury discharges refer to 
the determination, by the cold vapour m ethod and spectrophotometry, of 
mercury contained in an unfiltered sample.
Other equivalent analysis procedures m a y  by used instead of the above­
reference method.
3. T he competent authority will be responsible for monitoring the emission 
standards. This m a y  be by measurements taken by the authority and/or 
samples taken and analysed by the producer himself.
T he results of these findings and all measurements should be kept for at 
least four years. *
✓
T he monitoring of discharges will depend in each case on the specific 
conditions applying to each establishment. For substantial discharges, 
for example, the following monitoring procedures could be applied :

a) daily sampling and analysis of assorted samples taken over 24 hours 
according to the flow ;
b) sampling ana analysis of 2 4  assorted samples for one hour or corres­
ponding assorted samples for several hours.
4. T h e quantity of mercury discharged over a  m onth should be calculated b y  
adding up the quantities of mercury discharged each day during that month. 
This su m  should then be divided by the weight of mercury treated during 
that m onth in the course of production or calculated on the basis of the 
vinyl chloride production capacity. If it is impossible to determine the 
quantity of mercury treated, the control procedure m a y  be based on the 
quantity of mercury likely to be used for the authorized volum e of 
production.
5. A  simplified control procedure m a y  be set up for industrial establishments 
discharging not m ore than 7.5 kilogrammes of mercury per year.
This simplified control procedure m ust include sampling and analysis and, 
if necessary, measurement of the flow so as to provide a statistically 
significant basis with w hich to determine whether the emission standards 
have been observed.
(Basle, 10 July 1985)