No C 72/8 Official Journal of the European Communities 18. 3. 88 
II 
(Preparatory Acts) 
COMMISSION 
Amended proposal for a Council Directive on the dumping of waste at sea (') 
COM(88) 8 final 
(Submitted by the Commission to the Council in accordance with Article 149 (3) of the EEC 
Treaty on 12 January 1988) 
(88/C 72/08) 
(') OJ No C 245, 26. 9. 1985, p. 23. 
ORIGINAL PROPOSAL AMENDED PROPOSAL 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Articles 100 and 
235 thereof, Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 130 S 
thereof, 
Sixteenth recital 
Whereas it is necessary to supplement this harmonization 
of legislation by Community action to achieve, by means 
of wider legislation, one of the Community's objectives 
in the field of environmental protection and 
improvement of the quality of life; whereas a number of 
special provisions must hence be introduced for this 
purpose; whereas recourse must be made to Article 235 
of the Treaty since the Treaty has not provided the 
necessary powers; Ninth recital 
Whereas any disparity between the provisions on the 
dumping of waste at sea which already apply or are 
being drawn up in the Member States attributable to 
differences between Conventions may create unequal 
conditions of competition and, consequently, have a 
direct effect on the functioning of the common market; 
Sixteenth recital 
Whereas it is necessary to supplement this harmonization 
of legislation by Community action to achieve, by means 
of wider legislation, one of the Community's objectives 
in the field of environmental protection and 
improvement of the quality of life; whereas a number of 
special provisions must hence be introduced for this 
purpose; 
First to eighth recitals unchanged 
Ninth recital delete 
Tenth and eleventh recitals unchanged 
Twelfth recital 
Whereas only certain substances should be incinerated at 
sea and a special permit should be issued in each indi­
vidual case; Whereas incineration at sea should be terminated by a 
specific date; 
Twelfth recital 
Whereas, in the period during which incineration at sea is 
still to be permitted, only certain substances should be incin­
erated and a special permit issued in each individual case; 
18. 3. 88 Official Journal of the European Communities No C 72/9 
ORIGINAL PROPOSAL AMENDED PROPOSAL 
Thirteenth to fifteenth recitals unchanged 
Sixteenth recital delete 
Seventeenth and eighteenth recitals unchanged 
Article 1 unchanged 
Article 2 (a), (b), (c), (d) and (e) unchanged 
(f) 'Dumping' does not include: 
(i) the disposal at sea of wastes or other matter 
incidental to, or derived from, the normal oper­
ations of vessels, aircraft, platforms or other man-
made structures at sea and their equipment, other 
than wastes or other matter transported by or to 
vessels, aircraft, platforms or other man-made 
structures at sea, operating for the purpose of 
disposal of such matter or derived from the 
treatment of such wastes or other matter on such 
vessels, aircraft, platforms or structures; 
(ii) placement of matter for a purpose other than the 
mere disposal thereof, provided that such 
placement is not contrary to the aims of this 
Directive; 
Article 3 unchanged 
Article 4 unchanged 
Article 5 unchanged 
Article 6 (1) to (3) unchanged 
Article 7 
Article 8 
Article 9 
Article 10 
Article 11 (1) ai unchanged 
unchanged 
unchanged 
unchanged 
id (2) unchanged 
3. The information obtained by the Commission shall 
be used only for the purpose for which it was requested. 
4. The Commission and competent authorities of the 
Member States as well as their officials and other 
servants shall be obliged not to divulge information they 
have obtained pursuant to this Directive which, by its 
nature, is covered by the obligation of professional 
secrecy. 4. In the permits which they grant, Member States 
could include provisions on the compulsory surveillance 
of dumping and incineration operations by automatic 
data-gathering apparatus to be installed on board vessels 
and aircraft. 
3. Delete. 
4. Delete. 
No C 72/10 Official Journal of the European Communities 18. 3. 88 
ORIGINAL PROPOSAL AMENDED PROPOSAL 
5. Paragraphs 3 and 4 shall not preclude the publi- 5. Delete, 
cation of general information or studies which do not 
contain any specific information on undertakings or 
associations of undertakings. 
Article 11 (6) and (7) unchanged 
Articles 12 to 21 unchanged 
ANNEXES 
Annex I A unchanged 
Annex I B unchanged 
Annex II unchanged 
Annex III unchanged 
Annex IV, A to D unchanged 
E. Facilities for incineration at sea: operation requirements unchanged 
Point 1 (a) and (b) unchanged 
(c) that the percentage for combustion efficiency obtained by (c) that the percentage for combustion efficiency obtained by 
the following formula: the following formula: 
... be at least 99,9 % ... be at least 99,95 % ± 0,05 % 
Rest of Annex IV unchanged 
Annex V unchanged 
Annex VI unchanged 
Annex VII, Tables 1 (a), 2 (a) and 3 (a) unchanged 
3 bis Research carried out and measures taken to counter 
production of the waste, to avoid dumping at sea or to 
limit the quantities to be dumped. 
Points 4 to 1 3 unchanged 
Annex VIII unchanged 
Annex IX unchanged 
Annex X unchanged 
ANNEX XI 
Comparative tables of substances listed in the Annexes (I and II) of the International Conventions and of 
the proposal for a Council Directive on the dumping of waste at sea. 
18. 3. 88 Official Journal of the European Communities No C 72/11 
Comparative table of substances listed in Annex I 
(black list) 
TABLE I 
Substances 
1. Organohalogen 
compounds 
2. Organo-tin 
compounds 
3. Mercury and its 
compounds 
4. Cadmium and its 
compounds 
5. Synthetic materials 
and persistent plastics 
6. Crude oil and 
hydrocarbons 
7. Substances which may 
be carcinogenic 
8. Acid compounds and specific 
alkalis 
— Acids and alkalis 
from the titanium 
and aluminium 
industries 
9. Materials produced 
for biological and chemical 
warfare 
— High-level radioactive 
waste 
— Low-level radioactive 
waste 
— Oil-based drilling muds 
and oil from drill cuttings 
— Waste and other 
materials such as sewage 
sludge and dredging spoil 
containing trace 
contaminants (1 to 7) London 
Convention 
X 
— 
X 
X 
X 
X 
— 
X 
X 
— 
— 
X Oslo 
Convention 
X 
— 
X 
X 
X 
— 
X 
— 
— 
— 
— 
— Dumping Protocol 
to Barcelona 
Convention 
X 
— 
X 
X 
X 
X 
X 
— 
X 
X 
X 
— 
X Proposal 
for a 
directive 
X 
X 
X 
X 
X 
X 
X 
X 
X 
X 
— 
— 
X 
X 
No C 72/12 Official Journal of the European Communities 18. 3. 88 
Comparative table of substances listed in Annex II 
(grey list) 
TABLE II 
Substances 
Arsenic, lead, copper, zinc 
Beryllium 
Chromium 
Nickel 
Vanadium 
Selenium 
Antimony and their 
compounds 
Cyanides and fluorides 
Pesticides and by-products 
Synthetic organic chemicals 
not listed in Annex I 
Acid and alkali compounds 
not covered by Annex I 
Containers, scrap, metal and 
other bulky waste 
Substances which may be 
noxious in the quantities in 
which they are dumped, may 
reduce amenities or endanger 
human life or living organisms 
Radioactive waste not covered 
by Annex I 
Organosilicon 
compounds 
Tar-like substances London 
Convention 
X 
X 
X 
X 
X 
— 
— 
X 
X 
— 
X 
X 
— 
X 
X 
— Oslo 
Convention 
X 
— 
— 
— 
— 
— 
— 
X 
X 
— 
X 
X 
— 
(Annex I) 
X Dumping Protocol 
to Barcelona 
Convention 
X 
X 
X 
X 
X 
X 
X 
X 
X 
X 
X 
X 
X 
X 
(Annex I) 
— Proposal 
directive 
X 
X 
X 
X 
X 
X 
X 
X 
X 
X 
X 
X 
X 
X 
—