No C 358/40 Official Journal of the European Communities 31. 12. 83 
Opinion on the proposal for a Council Directive on procedures for harmonizing the 
programmes for the reduction and eventual elimination of pollution caused by waste from 
the titanium dioxide industry 
The text referred to the Committee has been published in Official Journal of the Euro­
pean Communities No C 138 of 26 May 1983, page 5. 
A. LEGAL BASIS FOR THE OPINION 
On 27 April 1983 the Council referred the abovementioned proposal to the Economic 
and Social Committee in accordance with Articles 100 and 235 of the Treaty establish­
ing 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 
21 lth plenary session held in Brussels on 26 and 27 October 1983. 
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
cles 100 and 235 thereof, 
Having regard to the request made by the Council 
of the European Communities on 27 April 1983 for 
an opinion on the proposal for a Council Directive 
on procedures for harmonizing the programmes for 
the reduction and eventual elimination of pollution 
caused by waste from the titanium dioxide industry, 
Having regard to the decision taken by its Bureau 
on 26 April 1983, in anticipation of the imminent 
referral, instructing the Section for Protection of the 
Environment, Public Health and Consumer Affairs 
to draw up an opinion on the matter, 
Having regard to the report submitted by the rappor­
teur, Mr d'Elia, 
Having regard to the opinion adopted by the Sec­
tion at its 77th meeting held on 4 October 1983, 
Having regard to the discussions on 26 October at 
its 21 lth plenary session held on 26 and 27 October 
1983, industry ('), it called for Community rules on waste 
disposal and its monitoring, in order to avoid irre­
versible damage to the environment and distortions 
of competition between Community firms; 
Whereas in its opinion on the proposal for a Coun­
cil Directive on methods for the surveillance and 
monitoring of the environments affected by wastes 
from the titanium dioxide industry (2), it reiterated 
the need to encourage the coordinated programme 
of research, experiments and documentation 
designed to (a) assess the impact of waste discharges 
on the environment and (b) identify technical solu­
tions; 
Whereas in its opinion on the proposal for a Coun­
cil Directive amending Directive 78/176/EEC of 20 
February 1978 on waste from the titanium dioxide 
industry (3), it deplored the failure of the Member 
States to submit to the Commission the information 
within the time limit specified in the original Direc­
tive, and urged the Commission to take a decision 
on the harmonization of the national programmes in 
accordance with the deadlines set out in the new 
proposal, 
Whereas in its opinion on the proposal for a Coun­
cil Directive on waste from the titanium dioxide (') OJ No C 131, 12.6. 1976. 
(2) OJ No C 230, 10.9. 1981. 
(3) OJ No C 326, 13. 12. 1982. 
31. 12. 83 Official Journal of the European Communities No C 358/41 
HAS ADOPTED THE FOLLOWING OPINION 
by 95 votes to 18, with five abstentions: 
1. General comments 
1.1. The Committee notes that the draft Directive 
is based on the national pollution reduction pro­
grammes which the individual Member States were 
to present to the Commission by 1 July 1980 under 
Article 9 (2) of the 1978 parent Directive. Their fail­
ure to do so, and the inconsistency and incomplete­
ness of the programmes, meant that the Commission 
was not able to present its harmonization proposal 
until 14 April 1983. In the meantime the situation 
had led the Council to extend the deadline for sub­
mission of the Commission proposal until 15 March 
1983 ('). 
1.2. The Committee deplores the serious delay in 
implementing the schedule laid down in the 1978 
parent Directive (under which the harmonization 
proposal should have been issued by 1 January 
1981). As stated in its abovementioned opinion (2), 
it deplores the fact that some Member States have 
failed to comply with Article 9 (4) of the parent 
Directive. 
1.3. The Committee notes that the parent Directive 
set 1987 as the deadline for reaching the targets on 
reducing pollution from waste from the titanium 
dioxide industry. 
For this reason, the Committee cannot accept that 
this deadline be allowed to slip back to the dates 
indicated in the present Commission proposal; at 
Community level, this would thwart the efforts 
made by some Member States to protect the envi­
ronment. 
1.4. The Committee further alerts the authorities 
concerned to the fact that extending the deadline 
from 1987 to 1993 runs contrary to the principles of 
fair competition between Community companies, 
favouring those who have taken little or no action to 
respect the obligations of the parent Directive, and 
penalizing those who have taken or are taking the 
appropriate ecological measures. 
(') OJ No L 3, 3. 2. 1983. 
(2) OJ No C 326, 13. 12. 1982. 1.5. The Committee therefore asks the Council to 
reconsider the target dates proposed by the Com­
mission for pollution reduction and .its eventual eli­
mination, respecting the deadlines laid down in 
Article 9 (2) of the 1978 parent Directive. 
2. Specific comments 
2.1. Article 1 
(Correction to the German text, which does not 
affect the English version.) 
2.2. Article 2 
2.2.1. Sulphate process 
First paragraph 
The Committee feels that this paragraph would be 
clearer if worded as follows: 
'strong acid arising from the hydrolysis of titan­
ium sulphate and containing between 20 and 
23 % free sulphuric acid and various metallic 
salts'. 
Second paragraph 
For the same reason, the Committee would reword 
this paragraph as follows: 
'weak acid arising from the washing phase 
which follows hydrolysis and containing up to 
7 % free sulphuric acid, and also all wash waters 
used in the production process, including those 
originating from the treatment of gaseous dis­
charges'. 
2.2.2. Chloride process 
In the interests of consistency, the Committee 
would clarify this paragraph as follows: 
'solutions of free hydrochloric acid (HC1) and 
metallic salts'. 
2.2.3. Reference value 
— for liquid wastes 
sulphate process 
No C 358/42 Official Journal of the European Communities 31. 12. 83 
The Committee proposes amending this sentence as 
follows: 
'... containing, whether dissolved or not, salts 
of metals such as Ti, Fe, Cr, Ni, Zn, Pb, Mn or 
V, arising from the manufacturing process, with 
the exception of copperas'. 
— for SOx 
sulphate process 
The Committee would clarify this sentence as fol­
lows: 
'the quantity of sulphur dioxide, and of sulphur 
trioxide expressed as S02 equivalent, arising 
from the digestion towers, calcination kilns and 
waste processing plants, plus the acid droplets'. 
(Further correction to the German text, which does 
not affect the English version.) 
2.3. Article 3 (2) 
First paragraph 
(Affects Italian version only.) 
Second indent 
The Committee suggests that the reference value of 
free acid per tonne of titanium dioxide produced be 
reduced to 500 kilograms. This technological limit is easily achieved, and at the same time affords greater 
environmental protection. 
2.4. Article 4 (2) 
First paragraph 
(Affects Italian version only.) 
First indent 
As is the case with the sulphate process, the Com­
mittee proposes that a reference be included to a 
maximum temperature of 30 °C for coastal and 
estuary waters, which are the most vulnerable (such 
a reference exists in many national laws). 
Second indent 
In respect of surface waters, the Committee suggests 
that in addition to the pH value, a reference be 
made to the maximum temperature of 30 °C. 
2.5. Article 8 
In view of its general comments, and in order to 
adhere more closely to the spirit and terms of the 
parent Directive, the Committee urges the Council 
to speed up its work, in order to bring forward the 
deadline for adaptation of national laws to the 
Directive to 1 January 1985. 
Done at Brussels, 26 October 1983. 
The Chairman 
of the Economic and Social Committee 
Francis CEYRAC 
APPENDIX 
to the opinion of the Economic and Social Committee 
The following amendment, tabled in accordance with the Rules of Procedure, was rejected by the 
Committee during plenary session discussions: 
Page 3 
Insert the following new point 1.6 after point 1.5: 
"The Section would draw attention to the progress in the development of "clean" technolo­
gies and recycling, which permit a considerable reduction in the volume and harmfulness of 
31. 12.83 Official Journal of the European Communities No C 358/43 
industrial waste. This development means that by the end of the 1980s it will probably be 
possible to completely stop the dumping of waste from the titanium dioxide industry at sea. 
The Section asks the Commission to keep a close eye on this development. When appro­
priate, the Directive should be reviewed, and the present obligation to neutralize waste being 
dumped at sea should be replaced by a complete ban on the dumping of titanium dioxide 
waste in the aquatic environment.' 
Reasons 
Self-explanatory. 
Voting: 
For: 8, against: majority, abstentions: 18. 
Page 3 
Add: 
1.6. The Committee calls on the Community institutions, as well as on national govern­
ments and employers, to ensure that employment protection in the industry is taken fully 
into account in the harmonization process.' 
Reasons 
Self-explanatory. 
Voting: 
For: 40, against: 48, abstentions: 26. 
Page 3 
Add: 
'1.7. The Committee asks the Council to provide for the possibility of discharges in the 
aquatic environment to be controlled by a system of strictly enforced environmental quality 
objectives as an alternative to the system of reference values contained in the Commission's 
proposals.' 
Reasons 
The Council is being asked to bring the present proposals in line with existing EC instruments 
which allow for the setting of environmental quality objectives as a means of safeguarding the 
environment. 
Voting: 
For: 8, against: 82, abstentions: 11. 
Opinion on the Community policy on oils and fats 
A. LEGAL BASIS FOR THE OPINION 
At its 202nd plenary session held on 24 and 25 November 1982 the Committee acting 
on a proposal from its Bureau in accordance with the fourth paragraph of Article 20 of 
its Rules of Procedure, decided to deliver an opinion on its own initiative on the 
above matter.