No C 83/16 Official  Journal  of the European  Communities 2. 4. 80 
principle,  are inadequate  to provide  a really  straight-
forward,  clear  system  for Community  trade.  Most  of 
the simplifications  concern  procedures  and  formali-
ties and  do  not  constitute  changes  of substance. 
They  are  therefore  limited  and  could  in some  cases 
create  dangerous  legal  vacuums  for users  which  the 
Commission  should  endeavour  to eliminate  without 
delay. 
3.2 The  real  reform  is therefore  still  to come.  Get-
ting on for  10 years'  operation  of the  Community 
transit  system  has  shown  up the  underlying  prob-
lems.  Genuine  simplification  will  be brought  about by the introduction  of a proper  Community  customs 
code.  If the  simplification  is going  to be effectual, 
the same  customs  systems  must  be used  throughout 
the Community  with  standard  procedures  and  with 
a given  set  of causes  producing  the  same  effects 
throughout  the  EEC.  In other  words,  irregularities 
and sanctions  must  be defined  in the  same  way 
throughout  the Community.  Failing  this,  all the sim-
plifications  proposed  — no matter  how  good  they 
are in principle  — will  be no more  than  palliatives. 
This  is a state  of affairs  which  is unacceptable  to the 
Committee  and  which  should  be remedied  rapidly 
and clearly. 
Done  at Brussels,  12. December  1979. 
The Chairman 
of the Economic  and  Social  Committee 
Raffaele  VANNI 
Opinion  on 
— the  proposal  for a Council  Directive  on the limit  values  applicable  to discharges  of 
mercury  into  the aquatic  environment  by the chlor-alkali  electrolysis  industry 
— the proposal  for a Council  Directive  on the quality  objectives  for the aquatic  environ-
ment  into  which  mercury  is discharged  by the chlor-alkali  electrolysis  industry 
The text  referred  to the Committee  has  been  published  in Official  Journal  of the Euro-
pean  Communities  No  C 169  of 6 July  1979,  pages  2 and  6. 
A. LEGAL  BASIS  FOR  THE  OPINION 
On 29 June  1979  the Council  referred  the abovementioned  proposal  to the Economic 
and Social  Committee  in accordance  with  Article  198  of the  Treaty  establishing  the 
European  Economic  Community. 
B. OPINION  OFTHE  ECONOMIC  AND  SOCIAL  COMMITTEE 
The Economic  and  Social  Committee  prepared  its opinion  on the  above  matter  at its 
174th  plenary  session  held  in Brussels  on 12 and  13 December  1979. 
The full  text  of the opinion  is as follows: 
2. 4. 80 Official  Journal  of the European  Communities No C 83/17 
THE  ECONOMIC  AND  SOCIAL  COMMITTEE, 
Having  regard  to the  request  made  by the  Council 
of the  European  Communities  on 29 June  1979  for 
an opinion, 
Having  regard  to the  Treaty  establishing  the  Euro-
pean  Economic  Community,  and  in particular  Arti-
cle 198  thereof, 
Having  regard  to the decision  taken  on 26 June  1979 
by its Bureau,  pending  the  request  for  an opinion, 
instructing  the  Section  for  Protection  of the  Envi-
ronment,  Public  Health  and  Consumer  Affairs  to 
draw  up an opinion  in this  matter, 
Having  regard  to the  oral  report  submitted  by the 
rapporteur,  Mr van  Campen, 
Having  regard  to the  opinion  issued  by the  Section 
for Protection  of the  Environment,  Public  Health 
and Consumer  Affairs  on 27 November  1979, 
Having  regard  to the discussions  at its 174th  plenary 
session  held  on 12 and  13 December  1979  (meeting 
of 12 December  1979), 
HAS  ADOPTED  THE  FOLLOWING  OPINION 
unanimously: 
PROPOSAL  FOR  A COUNCIL  DIRECTIVE  ON THE 
LIMIT  VALUES  APPLICABLE  TO DISCHARGES  OF 
MERCURY  INTO  THE  AQUATIC  ENVIRONMENT  BY 
THE  CHLOR-ALKALI  ELECTROLYSIS  INDUSTRY 
1. General  comments 
1.1. The  Committee  considers  it logical  that  the 
Commission  should  choose  water  pollution  by mer-
cury  discharges  as its second  target  under  the parent 
Directive  76/464/EEC. 
In recent  years  serious  environmental  harm  has 
been  caused  in several  countries  (Japan,  Pakistan, 
Guatamala,  Iraq)  by mercury  compounds.  Alarmed 
by these  events  various  countries  have  taken  meas-
ures  to prevent  discharges  of mercury  and  its com-
pounds  into  the environment  (Japan,  Sweden). 
All these  cases  involved  organic  mercury  com-
pounds  which  are  much  more  easily  absorbed  by 
organisms  than  metallic  mercury.  The  latter  can, 
however,  be converted  into  methyl  mercury  either  by 
microbes  in the water  or by the bodies  of fish.  These methyl-mercuric  compounds  are  by  far  the  most 
toxic  form  of mercury. 
1.2. Not  only  the  use  of organic  mercury  com-
pounds  (e.g.  pesticides)  but  also  the  discharge  of 
mercury  itself  is already  subject  to strict  environ-
mental  control  in many  countries. 
The Committee  therefore  wholeheartedly  endorses  a 
Directive  which  lays  down  limit  values  for  the  dis-
charge  of mercury  by the  chlor-alkali  industry  and  a 
Directive  setting  out  quality  objectives  for  the 
aquatic  environment  into  which  mercury  is dis-
charged  by the  chlor-alkali  industry.  Yet  the  Com-
mittee  would  have  preferred  the rules  on discharges 
and quality  objectives  to be contained  in a single 
Directive  since  the procedure  of submitting  two  par-
allel  proposals  may  give  rise  to confusion.  The 
Committee  would,  however,  like  to make  the follow-
ing observations. 
1.3. After  the  first  publication  of papers  on the 
environmental  damage  caused  by  mercury  com-
pounds,  far-reaching  measures  were  taken  by many 
chlor-alkali  plants  to reduce  mercury  discharges  to a 
minimum.  In a number  of countries  the  proportion 
of mercury  in the  environment  attributable  to these 
plants  fell  drastically.  On the  other  hand  it must  not 
be forgotten  that  in the  Rhine  basin  in particular 
major  pollution  has  been  caused  in the  past  by mer-
cury  and  that  there  was  a danger  of the  limit  value 
specified  in the  drinking  water  Directive  being 
exceeded. 
The amount  of mercury  discharged  by dentists  and 
laboratories  is now  on a par  with  that  discharged  by 
the chlor-alkali  industry,  while  that  discharged  by 
the electrical  appliances  and  instruments  industry  is 
markedly  greater.  But  in contrast  to the  discharges 
of the chlor-alkali  industry  these  are all fairly  diffuse 
discharges  which  are  difficult  to monitor.  The  Com-
mittee  is aware  that  any  attempt  to tackle  the  mer-
cury  problem  must  start  with  that  branch  of industry 
in which  the  discharges  are  fairly  easy  to localize.  It 
would,  however,  urge  that  in future  attention  also  be 
paid  to more  diffuse  discharges  which  in absolute 
terms  often  release  more  mercury  into  the  environ-
ment  than  the  chlor-alkali  industry. 
2. Specific  comments 
Fourth  whereas  clause 
2.1. As  already  noted  in the general  comments,  the 
chlor-alkali  industry  is in many  cases  no longer  the 
major  source  of mercury  discharges.  In the preamble 
No C 83/18 Official  Journal  of the European  Communities 2. 4. 80 
the Committee  would  like  to amend  \ .. the pollu-
tion caused  by discharges  of mercury  into  water 
arises  principally  from  the  electrolysis  of alkali  chlor-
ides ...' to read  ..  arises  in large  part  from  .. 
Article  4 
2.2. The  Committee  wonders  whether  this  Article 
is really  practicable  from  the  point  of view  of pro-
tecting  the  environment  against  discharges  of mer-
cury.  Indirect  discharges  involve  discharges  to the 
atmosphere  and  from  products.  These  discharges  are 
diffuse  and  difficult  to monitor. 
It is also  doubtful  whether  a great  deal  of the mer-
cury  discharged  in this  way  ends  up in water;  fur-
thermore,  it is difficult  to carry  out the measurements 
of these  discharges  on which  the programmes  would 
have  to be based.  It would  probably  require  a great 
deal of effort  to draw  up these  programmes. 
2.3. Annex  I 
The Committee  considers  that  the  limit  value  for 
recycled-brine  plants  and  the  limit  \alue  for  lost-
brine  plants  (1 -5 g mercury/tonne  chlorine  and  8 g 
mercury/tonne  chlorine  respectively)  can  be 
attained  by 1 July  1983.  The  limit  values  for 1 July 
1986  may  also  be regarded  as attainable  using  the 
most  advanced  techniques.  On the  other  hand,  the 
limit  values  for  1 July  1989  (0-5  g mercury/tonne 
chlorine  and  2-5  g mercury/tonne  chlorine  respec-
tively)  would  be difficult  to attain  with  our  present 
technical  knowledge.  It must  not,  however,  be for-
gotten  that  a significant  proportion  of the  mercury 
currently  discharged  can  be attributed  to high  mer-
cury  concentrations  in effluent  in the  past,  which 
has left  behind  substantial  quantities  of mercury  in 
the sewage  system.  Consequently,  there  is a time-lag 
effect  at the moment  which  may  be expected  to have 
worked  itself  out  by 1989.  To the  extent  that  this 
happens,  the limit  values  may  be attainable  by that 
date. 
2.4. The  following  comments  apply  to the calcula-
tion of the limit  values. 
The Committee  considers  that  the calculation  of the 
concentration  of  mercury  on  the  basis  of the 
monthly  average  gives  accurate  and  rapid  informa-
tion on  the  effect  on the  environment.  If the 
monthly  average  is exceeded,  counter-measures  can be taken  immediately.  This  method  of calculation 
also makes  it impossible  for  plants  to offset  dis-
charges  with  a high  concentration  of mercury  in one 
month  by low  concentration  discharges  in the  fol-
lowing  months.  The  quality  of the  environment  is 
therefore  best  protected  by a monthly  average  limit 
value. 
PROPOSAL  FOR  A COUNCIL  DIRECTIVE  ON THE 
QUALITY  OBJECTIVES  FOR  THE  AQUATIC 
ENVIRONMENT  INTO  WHICH  MERCURY  IS 
DISCHARGED  BY THE  CHLOR-ALKALI 
ELECTROLYSIS  INDUSTRY 
I. General  comments 
The Committee  has  noted  the  Commission's  com-
munication  concerning  the  opinion  of the  legal 
department  of the Council  of Ministers.  According 
to this  opinion  all countries  must  comply  with  the 
limit  values  Directive,  although  a derogation  is pos-
sible  if the quality  objectives  Directive  is applied.  It 
is reported  that  only  one  country  is considering  this. 
The Committee  would  therefore  urge,  as in the case 
of the  'dons'  Directive,  that  a more  integrated 
approach  be adopted  wherever  possible. 
2. Specific  comments 
Sixth  whereas  clause 
2.1. For  the reasons  set out earlier  in its comments 
on the  limit  values  Directive,  the Committee  would 
like to see  the  words  'arises  principally  from' 
changed  to 'arises  in large  part  from'  (preamble). 
Article  3 
2.2. The  Committee  doubts  whether  indirect  dis-
charges  are of great  importance  for the aquatic  en-
vironment.  Because  these  discharges  were  also  very 
difficult  to measure,  it wonders  whether  it would  not 
be better  to delete  this  Article. 
2.3. Annex  I (I) 
In many  cases  the  natural  background  concentra-
tion of mercury  in seawater  is more  than  0 05 
2. 4. 80 Official  Journal  of the European  Communities No C 83/19 
micrograms  Hg/1.  Because  this  background  concen-  ural  sources,  this  standard  should  be adapted  more 
(ration  varies  considerably  and  also  comes  from  nat-  to  local  circumstances. 
Done  at Brussels,  12 December  1979. 
The Chairman 
of the Economic  and  Social  Committee 
Raffaele  VANN1 
ANNEX 
to the opinion  of the Economic  and  Social  Committee 
The following  amendments  were  rejected  during  the discussions: 
Point  2.2 
It is proposed  that  2.2 (on  Article  4) be deleted. 
Reasons 
Even  though  the  opinion  does  not  explicitly  propose  that  Article  4 be deleted  it suggests  that  the 
Article  is inappropriate.  Article  4 is extremely  worthwhile  and  deserves  unqualified  approval.  All 
discharges  are  significant  as regards  the  aquatic  environment  since  everything  which  is dis-
charged  ends  up in surface  water  and  eventually  in the sea  as result  of the action  of rainfall. 
In view  of the fact  that  the  programmes  for  the gradual  reduction  of pollution  caused  by indirect 
discharges  are  to provide  for  an analysis  of the  consumption  of merctfry  by industrial  establish-
ments,  measurement  should  not  entail  any  great  difficulty. 
The importance  of Article  4 stands  out  even  more  clearly  in the  light  of the  proposal  to delete 
Article  3 of the  second  Directive.  This  suggestion  (which  is debatable)  if coupled  with  the  dele-
tion of Article  4 would  remove  the  sole  guarantee  of the  environment's  being  protected  against 
indirect  discharges.  It should  be borne  in mind  that  the  opinion  stresses  that  the  danger  is mostly 
from  discharges  from  sources  other  than  electrolysis. 
Voting 
For:  23;  against:  40; abstentions:  9. 
Point  2.4 
Replace  the second  paragraph  of point  2.4 by the following: 
'During  the  continuous  production  process  there  are  unavoidable  fluctuations  in the  concen-
tration  of mercury  in the  effluent.  There  may  be technical  reasons  for  these  fluctuations  (var-
iations  in the  production  quantity,  production  stoppages,  cleaning  operations),  but  they  may 
also be outside  the control  of the plant  (rain). 
These  fluctuations  mean  that  existing  plants  cannot  always  adhere  to the  monthly  average 
limit  values.  The  Section  would  therefore  urge  that  the  limit  values  be calculated  on the  basis 
of the  annual  average.  In this  way,  occasional  peaks  would  be averaged  out  by low  concentra-
No C 83/20 Official  Journal  of the European  Communities 2. 4. 80 
tions,  but  the  total  amount  of mercury  in the  surface  water  would  remain  the  same.  The  regu-
lar daily  measurement  of the  discharged  effluent  would  detect  immediately  any  sudden  rise  in 
the mercury  concentration  so that  appropriate  measures  could  be taken  at once.' 
Reason 
This  amendment  is self-explanatory. 
Voting 
For:  37;  against:  46;  abstentions:  3. 
Opinion  on 
— the proposal  for a Council  Directive  on the limit  values  for discharges  of aldrin,  diel-
drin and  endrin  into  the aquatic  environment 
— the proposal  for a Council  Directive  on the quality  objectives  required  for the aquatic 
environment  into  which  aldrin,  dieldrin  and  endrin  are discharged 
The text  referred  to the Committee  has  been  published  in Official  Journal  of the Euro-
pean  Communities  No  C 146  of 12 June  1979,  page  5 to 9. 
A. LEGAL  BASIS  FOR  THE  OPINION 
On 29 May  1979  the Council  referred  the abovementioned  proposal  to the Economic 
and Social  Committee  in accordance  with  Article  198  of the Treaty  establishing  the 
European  Economic  Community 
B. OPINION  OF THE  ECONOMIC  AND  SOCIAL  COMMITTEE 
The Economic  and  Social  Committee  prepared  its opinion  on the above  matter  at its 
174th  plenary  session  held  in Brussels  on 12 and 13 December  1979. 
The full  text  of the opinion  is as follows: 
THE  ECONOMIC  AND  SOCIAL  COMMITTEE, 
Having  regard  to the  Treaty  establishing  the  Euro-
pean  Economic  Community,  and  in particular  Arti-
cle 198  thereof, 
Having  regard  to the request  made  by the  Council 
of the European  Committee  on 29 May  1979  for an 
opinion, 
Having  regard  to the decision  taken  by the Bureau 
on 21 May  1979,  instructing  the Section  for Protec-
tion of the  Environment,  Public  Health  and  Con-
sumer  Affairs  to draw  up an opinion  on the matter, Having  regard  to the  oral  report  submitted  by the 
rapporteur,  Mr van  Campen, 
Having  regard  to the opinion  issued  by the Section 
for Protection  of the  Environment,  Public  Health 
and Consumer  Affairs  on 27 November  1979, 
Having  regard  to the discussions  at its 174th  plenary 
session  held  on 12 and  13 December  1979  (meeting 
of 12 December  1979), 
HAS  ADOPTED  THE  FOLLOWING  OPINION 
unanimously: