26. 9. 85 Official Journal of the European Communities No C 245/23 
SHT = distance (in km) which has been run during the last phase 
Ss = distance (in km) which has been run during the second phase 
The mass emissions of pollutants are calculated by means of the following: 
Mi-V^xQiXkHxQxlO-6 
where: 
Mi = mass emission of the pollutant i in grams per phase 
Qi 
kH 
Q 
1. 
1.1. = volume of the diluted exhaust gas expressed in litres per phase and corrected to standard con­
ditions (273,2 K and 101,33 kPa) 
— density of the pollutant i in grams per litres at normal temperature and pressure (273,2 K and 
101,33 kPa) 
= humidity correction factor used for the calculation of the mass emissions of oxides of nitro­
gen. There is no humidity correction for HC and CO 
= concentration of the pollutant i in the diluted exhaust gas expressed in ppm and corrected by 
the amount of the pollutant i contained in the dilution air 
VOLUME DETERMINATION 
1.2. id 1.1 to 1.3 Appendix 8, Annex III (but replace 'test' by 'phase'). 
1.3. 
2. CALCULATION OF THE CORRECTED CONCENTRATION OF POLLUTANTS IN 
THE SAMPLING BAG 
id 2. Appendix 8, Annex III. 
3. DETERMINATION OF THE NO-HUMIDITY CORRECTION FACTOR 
id 3 Appendix 8, Annex III. 
4. HC MEASUREMENTS WITH DIESEL ENGINES 
4.1. id 4.3 Appendix 8, Annex III. 
Proposal for a Council Directive on the dumping of waste at sea 
COM(85) 373 final 
(Submitted by the Commission to the Council on 13 August 1985) 
(85/C 245/02) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Articles 100 
and 235 thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European Parlia­
ment, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas the Declaration of the Council of the Euro­
pean Communities and of the Representatives of the Governments of the Member States meeting within the 
Council of 22 November 1973, calls for the implemen­
tation of a European Community action programme on 
the environment ('); 
Whereas this action programme was renewed and 
extended for 1977 to 1981 and 1982 to 1986 by the reso­
lutions of the Council and of the Representatives of the 
(') OJ No C 112,20. 12. 1973, p. 1. 
No C 245/24 Official Journal of the European Communities 26. 9. 85 
Governments of the Member States, meeting within the 
Council, of 17 May 1977 (') and 7 February 1983 (2); 
Whereas this programme stresses that marine pollution 
affects the Community by virtue of the essential role 
played by the sea in the preservation and development 
of species and on account of the importance of sea 
transport for the harmonious economic development of 
the Community; 
Whereas the European Community action programme 
on the environment provides for measures to control 
the deliberate dumping of waste at sea; 
Whereas the European Council on 7 and 8 April 1978 
in Copenhagen stated that the prevention and combat­
ing of marine pollution was a major Community objec­
tive and called on the Council and Member States, act­
ing on proposals from the Commission, to take appro­
priate measures within the Community and to adopt 
common attitudes in the competent international bod­
ies with a view to implementing effective pollution 
control measures; 
Whereas protection of the environment necessitates the 
prevention or reduction of marine pollution and the 
safeguarding of the environment against deliberate 
dumping of waste and materials from ships and air­
craft; 
Whereas there are a number of general and regional 
conventions including: 
— the Convention on the Prevention of Marine Pollu­
tion by Dumping of Wastes and other Matter 
signed at London on 13 November 1972, 
— the 1973 International Convention for the Preven­
tion of Pollution from Ships signed at London on 
2 November 1973 and its 1978 Protocol, 
— the Convention for the Prevention of Marine Pollu­
tion by Dumping from Ships and Aircraft signed at 
Oslo on 15 February 1972, 
— the Convention on the Prevention of the Pollution 
of the Mediterranean Sea by Dumping from Ships 
and Aircraft and its Protocols signed at Barcelona 
on 16 February 1976, 
— the Convention on the Protection of the Marine 
Environment of the Baltic Sea Area signed at Hel­
sinki on 22 March 1974, 
— the Convention for the Protection and Develop­
ment of the Marine Environment of the Wider Car­
ibbean Area signed on 24 March 1983, 
(') OJNoCl39, 13.6. 1977, p. 1. 
(2) OJ No C 46, 17.2. 1983, p. 1. which contain provisions on the protection of the mar­
ine environment against these specific sources of pollu­
tion ; 
Whereas, by Decision 77/585/EEC (3), the Council 
concluded the Convention on the Protection of the 
Mediterranean Sea Against Pollution and the Protocol 
on the Prevention of the Pollution of the Mediterra­
nean Sea by Dumping from Ships and Aircraft; 
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; 
Whereas it is necessary to prevent duplication of cer­
tain obligations arising from the application of the 
abovementioned Conventions; 
Whereas, in order to ensure effective protection of the 
environment, it is necessary to prohibit the dumping of 
certain types of particularly harmful waste into the sea 
and to set up a single system of permits to regulate and 
control the dumping of any other waste and materials 
according to homogenous criteria; 
Whereas only certain substances should be incinerated 
at sea and a special permit should be issued in each 
individual case; 
Whereas it is necessary that no new special permit for 
the dumping of waste or other materials or incineration 
be issued; whereas permits which exist at the date of 
notification of this Directive should be renewed with­
out the quantity, content, substances or compounds 
contained in waste or other materials being increased; 
whereas the quantities of certain types of waste and 
materials which are authorized to be dumped should be 
reduced, particularly if the dumping of waste might 
have a deleterious effect on the environment; 
Whereas, in order to meet situations of a particularly 
critical nature, it is necessary to allow for temporary 
exemptions from the ban on the dumping of waste or 
other materials at sea laid down in this Directive; 
Whereas the provisions of this Directive do not affect 
the obligations imposed on Member States by Council 
Directive 82/883/EEC of 3 December 1982 on proce­
dures for the surveillance and monitoring of environ­
ments concerned by waste from the titanium dioxide 
industry (4); 
(3) OJNoL240, 19.9. 1977, p. 1. 
(4) OJ No L 378, 31. 12. 1982, p. 1. 
26.9.85 Official Journal of the European Communities No C 245/25 
Whereas it is necessary to supplement this harmoniza­
tion 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 the Treaty has not provided the 
necessary powers to this end; 
Whereas technical progress requires rapid adaptation 
of the list of toxic and dangerous substances covered 
by the Directive; whereas, to facilitate the implementa­
tion of the measures thereby required, provision should 
be made for a procedure establishing close cooperation 
between the Member States and the Commission 
within a Committee on the Adaptation of this Directive 
to Technical Progress; 
Whereas, in order to ensure efficient implementation of 
the Directive, the Commission should examine and 
evaluate the records of permits issued, keep under 
review the measures adopted by Member States and 
consider the need for further measures, 
HAS ADOPTED THIS DIRECTIVE: 
Article 1 
The purpose of this Directive is to prevent and reduce 
marine pollution caused by dumping of waste or other 
materials at sea, including incineration, from ships and 
aircraft. 
Article 2 
For the purposes of this Directive: 
(a) 'Waste or other materials' means any substance or 
material of any type, form or nature. 
(b) 'Dumping at sea' means any deliberate discharge 
into the sea including: 
— on the seabed and in the subsoil; 
— interim storage of waste or other materials; 
— through the medium of incineration of waste, 
substances or other materials at sea, 
by or from ships or aircraft and any other method. 
(c) 'Ships and aircraft' means sea-going vessels and 
air-borne craft of any type whatsoever, including 
hovercraft, floating craft whether self-propelled or 
not, and fixed or floating platforms and other 
man-made structures sited at sea and their equip­
ment. (d) 'Pollution' means the introduction by man, directly 
or indirectly, of substances or energy into the mar­
ine environment resulting in such deleterious 
effects as hazards to human health, harm to living 
resources and the marine ecological system and 
reduction of amenities or impairment of other 
legitimate uses of the seas. 
(e) 'Incineration' means any deliberate combustion of 
substances and materials for the purpose of their 
thermal destruction. 
Article 3 
1. This Directive shall apply to waste or other mate­
rials dumped or incinerated in maritime waters within 
the jurisdiction of a Member State from: 
— ships and aircraft loading in the territory of a Mem­
ber State, or from platforms or other offshore struc­
tures within the jurisdiction of a Member State; 
— ships and aircraft registered in the territory of a 
Member State and loading in the territory of a third 
country; 
— ships and aircraft not registered in a Member State. 
2. The provisions of this Directive shall be without 
prejudice to the sovereign immunity to which certain 
vessels and aircraft are entitled under international law. 
Article 4 
1. The dumping at sea of waste or other materials 
containing substances listed in Annex I is hereby pro­
hibited. 
2. It shall be forbidden to dump at sea waste or other 
materials listed in Annex II without, in each case, prior 
issue of a special permit by the competent authorities. 
3. The dumping at sea of any other waste or other 
material shall be forbidden unless a prior general per­
mit is issued by the competent authorities. 
4. The dumping areas shall be designated in the per­
mits. 
Article 5 
1. The incineration at sea of substances and materials 
other than those listed in Annex IV.B is hereby pro­
hibited. 
2. It shall be forbidden to incinerate at sea the subs­
tances and other materials listed in Annex IV.B without, 
in each case, prior issue of a special permit by the com­
petent authorities. The incineration areas shall be 
designated in the permits. 
No C 245/26 Official Journal of the European Communities 26. 9. 85 
3. An incineration permit shall be issued or renewed 
only for incineration operations to be performed on a 
marine incineration facility approved by one of the 
Member States according to the procedures laid down 
in Annex I V.C.I or for the purpose of an approval 
survey. 
4. Member States shall not permit the incineration of 
substances and materials for which practical alternative 
land-based methods of treatment and disposal are 
available. 
Article 6 
1. The permits referred to in Article 4 (2) and (3) shall 
be issued or renewed in accordance with Annex III. 
2. The permit referred to in Article 5 (2) shall be 
issued or renewed in accordance with Annexes III 
and IV. 
3. Applications for permits and renewals thereof shall 
be made in accordance with the models set out in 
Annexes V and VII. Permits shall be drawn up in 
accordance with the model set out in Annexes VIII 
and IX. 
Article 7 
1. Where a Member State issues a permit for a dump­
ing or incineration area within the jurisdiction of 
another Member State, it shall send a copy of the per­
mit to that Member State. 
2. That Member State shall recognize the validity of a 
permit drawn up in accordance with this Directive, sub­
ject to its compatibility with provisions adopted in 
accordance with Article 19. 
Article 8 
1. Each Member State shall appoint one or more 
competent authorities to: 
(a) issue and renew the special permits provided for in 
Articles 4 (2) and 5 (2); 
(b) issue and renew the general permits provided for in 
Article 4 (3); 
(c) keep records of the nature and quantities of the 
waste or other materials which are authorized to be 
dumped or incinerated at sea and the location, date 
and method of dumping and incineration. 
2. (a) Permits for dumping or incinerating waste 
shall be issued by the competent authorities in 
the Member State in whose territory the waste 
is loaded or, in agreement with the competent authorities of that State, by the competent 
authorities of the Member State which has jur­
isdiction over the place where the waste is 
dumped or incinerated. 
(b) Where the waste is loaded in the territory of a 
third country, the competent authorities in the 
Member State which has jurisdiction over the 
place where the waste is to be dumped or 
incinerated shall be responsible for issuing per­
mits. 
Article 9 
1. Member States shall promote the development of 
alternative landbased methods of disposal, shall endea­
vour to reduce the quantity of waste and encourage its 
recycling through the use of appropriate techniques 
before considering its dumping or incineration at sea. 
2. Member States shall send to the Commission by 
1 January 1990 the information required to fix a date 
for the termination of incineration at sea. The Council 
shall act by 1 June 1991 on proposal from the Commis­
sion. 
Article 10 
1. For waste or other materials listed in Annex II and 
Annex IV.B no special dumping or incineration per­
mits shall be issued after 1 January 1988. 
2. Special dumping or incineration permits which are 
valid on the date of notification of this Directive may 
be renewed until 1 January 1990 but the quantity, con­
tent and substances or compounds contained in the 
waste may not be increased. 
3. From 1 January 1990, and over a period of five 
consecutive years, Member States shall reduce each 
year the quantities of waste authorized to be dumped 
by 10% of the quantity authorized in 1989 in the case 
of waste or other materials listed in Annex II, points 1, 
2, 3 and 5. 
4. If the dumping or incineration at sea of waste or 
other materials will or is likely to have a deleterious 
effect on the environment, Member States shall reduce 
the quantities and contents of waste which is or is 
likely to be responsible for such an effect from the date 
of notification of this Directive. 
Article 11 
1. The competent authorities shall keep for a period 
of four years records of the nature and quantities of the 
substances and materials dumped or incinerated at sea 
under permits which they issue and of the dates, loca­
tion and methods of dumping. 
26. 9. 85 Official Journal of the European Communities No C 245/27 
2. For the purposes of this Directive, Member States 
shall make available to the Commission, at its request, 
made on a case-by-case basis, the information referred 
to in paragraph 1. 
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 ser­
vants 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. 
5. Paragraphs 3 and 4 shall not preclude the publica­
tion of general information or studies which do not 
contain any specific information on undertakings or 
associations of undertakings. 
6. Member States shall draw up, in accordance with 
the models set out in Annexes VI and X, an annual 
report on incineration and dumping operations at sea 
and shall send the first such report to the Commission 
within 12 months of notification of this Directive. 
7. Each Member State shall draw up a report on 
reductions in dumping at sea pursuant to Article 10 by 
1 January 1996 and shall forward it to the Commission 
which shall pass it oh to the other Member States. 
Article 12 
Each Member State shall issue instructions to its mari­
time inspection ships and aircraft and to other appro­
priate services to report to its authorities any major 
incidents or circumstances which suggest that dumping 
in contravention of the provisions of this Directive has 
occurred or is about to occur. The Member State shall 
report accordingly to any other Member State con­
cerned and to the Commission. 
Article 13 
The provisions of Article 4 shall not apply in cases of 
force majeure attributable to bad weather or any other 
cause when human life or the safety of a ship or aircraft 
is threatened. 
Such dumping shall immediately be reported to any 
Member State likely to be affected, together with full 
details of the circumstances and of the nature and 
quantity of the waste or other materials dumped. 
Article 14 
1. If, in a critical situation of an exceptional nature, a 
Member State considers that waste or other materials listed in Annex I to this Directive cannot be disposed 
of on land without unacceptable danger or damage, 
above all for the safety of human life, it shall consult 
the Commission. 
2. The Commission, after consulting the Member 
States concerned, shall recommend methods of storage 
or the most satisfactory methods of destruction or dis­
posal under the prevailing circumstances. The Member 
State to which the recommendation is addressed shall 
inform the Commission of the steps taken in pursuance 
of this recommendation. Member States shall under­
take to provide mutual assistance. 
3. If disposal at sea is the only practicable means of 
disposing of waste or materials, this shall be under­
taken under the terms of an authorization from the 
Commission. 
Article 15 
The Commission shall 
(a) study and consider the records of permits issued or 
renewed in accordance with Article 8 and reduc­
tions in the quantities dumped at sea provided for 
in Article 10(3); 
(b) assess the effectiveness of the measures, reductions 
and procedures adopted and present, if appro­
priate, proposals to improve the measures, reduc­
tions, and procedures and, if necessary, to supple­
ment or amend substances listed in Annexes I, II 
andlV.B; 
(c) report to the Council and the European Parliament 
on the implementation of this Directive five years 
after the date of notification of this Directive and 
every three years thereafter. 
Article 16 
The amendments required to adapt 
— the list of substances, waste or materials in 
Annexes I, II and IV.B, 
— the provisions of Annexes III, IV, V, VI, VII, VIII, 
IX and X, 
to scientific and technical progress and the require­
ments of administrative procedures shall be adopted in 
accordance with the procedure laid down in Article 18. 
Article 17 
1. A Committee for the Adaptation to Scientific and 
Technical Progress, hereinafter called the 'Committee' 
No C 245/28 Official Journal of the European Communities 26. 9. 85 
is hereby set up. It shall be composed of representatives 
of the Member States with a representative of the Com­
mission as chairman. 
2. The Committee shall adopt its own rules of proce­
dure. taken. The Council shall act thereon by a qualified 
majority. 
If, on the expiry of three months from the date on 
which the matter was referred to it, the Council has 
failed to act, the proposed measures shall be adopted 
by the Commission. 
Article 18 
1. Where the procedure laid down in this Article is to 
be followed, the Chairman shall refer the matter to the 
Committee, either on his own initiative or at the 
request of the representative of a Member State. 
2. The Commission's representative shall submit to 
the Committee a draft of the measures to be adopted. 
The Committee shall deliver its opinion on the draft 
within a time limit the Chairman may lay down accord­
ing to the urgency of the matter. The opinion shall be 
delivered by the majority provided for in Article 148 (2) 
of the Treaty. 
3. The Commission shall adopt the measures envis­
aged where they are in accordance with the Com­
mittee's opinion. 
When the measures envisaged are not in accordance 
with the opinion of the Committee, or in the absence of 
any opinion, the Commission shall forthwith submit to 
the Council a proposal relating to the measures to be Article 19 
1. Member States may take more stringent measures 
in respect of the dumping and incineration of waste or 
other materials at sea than those provided for in this 
Directive. 
2. This Directive shall not prevent Member States 
from prohibiting or restricting dumping or incineration 
in specific areas. 
Article 20 
1. Member States shall adopt the measures necessary 
to comply with this Directive by 1 July 1986, and shall 
forthwith inform the Commission thereof. 
2. Member States shall communicate to the Commis­
sion the texts of the provisions of national law which 
they adopt in the field covered by this Directive. 
Article 21 
This Directive is addressed to the Member States. 
ANNEX I 
The following substances and materials are listed for the purpose of Article 4, paragraph 1 of the Direc­
tive: 
1. organohalogen compounds and compounds which may form such substances in the marine envi­
ronment, excluding those which are non-toxic, or which are rapidly converted in the sea into subs­
tances which are biologically harmless, provided they do not make edible marine organisms unpal­
atable ; 
2. organo-tin compounds; 
3. mercury and mercury compounds; 
4. cadmium and cadmium compounds; 
5. persistent plastics and other persistent synthetic materials which may seriously interfere with fishing 
or navigation, reduce amenities or interfere with other legitimate uses of the sea; 
6. crude oil and hydrocarbons of petroleum origin, and any mixtures containing any of these products, 
lubricants or hydraulic fluids, taken on board for the purpose of dumping; 
7. substances which have been shown to have a carcinogenic effect in the aquatic environment or 
through the action of the latter; 
8. acids and alkalis of a composition and quantity such as to seriously threaten the quality of marine 
waters. Acids and alkalis from the titanium and aluminium industries; 
9. materials in whatever form (e.g. solids, liquids, semi-liquids, gases or in a living state) produced for 
biological and chemical warfare, excluding those which are rapidly rendered harmless in the sea by 
physical, chemical or biological processes, provided they do not: 
26. 9. 85 Official Journal of the European Communities No C 245/29 
(i) make edible marine organisms unpalatable, 
(ii) endanger human or animal health; 
10. oil-based drilling muds and oil from drill cuttings. 
B 
1. This Annex does not apply to waste or other materials such as sewage sludge, dredging spoil or drill 
cuttings, which contain the substances defined in paragraphs 1 to 7 as trace contaminants, if it is 
shown that the substances present in the dredging spoil occur naturally in sediments. The dumping 
of such waste shall be subject to the provision of Annexes II and III, as appropriate. 
2. Trace contaminants are defined as contaminants occurring in quantities which have been shown by 
specific evidence to be unlikely to contaminate the marine environment. 
ANNEX II 
The following wastes and other materials requiring special care are listed for the purposes of Article 4 of 
the Directive: 
1. — arsenic, lead, copper, zinc, beryllium, chromium, nickel, vanadium, selenium, antimony and 
their compounds, 
— cyanides and fluorides, 
— pesticides and their by-products not covered in Annex I, 
— synthetic organic chemicals, other than those referred to in Annex I, which may endanger mar­
ine organisms or make edible marine organisms unpalatable; 
2. organosilicon compounds and compounds which may form such substances in the marine environ­
ment, excluding those which are non-toxic or which are rapidly converted in the sea into substances 
which are biologically harmless, provided they do not make edible marine organisms unpalatable; 
3. acids and alkalis not covered in Annex I. 
Account shall be taken of the possible presence in this waste of the substances listed in para­
graph 1; 
4. containers, scrap metal and other bulky wastes, similar tar substances which are liable to sink to the 
sea bottom or may present a serious obstacle to fishing or navigation; 
5. Substances, which though of a non-toxic nature, may become harmful due to the quantities in 
which they are dumped, or which are liable to seriously reduce amenities, endanger human life or 
marine organisms or hinder navigation. 
ANNEX III 
Provisions to be considered in establishing criteria governing the issue and renewal of authorizations in 
accordance with Articles 4 and 5 include: 
A. Characteristics and composition of the matter 
1. Total amount and average composition 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 biochemical (e.g. oxygen 
demand, nutrients) and biological (e.g. presence of viruses, bacteria, yeasts, parasites); 
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 interaction in the aquatic 
environment with other dissolved organic and inorganic materials; 
No C 245/30 Official Journal of the European Communities 26. 9. 85 
8. Probability of production of taints or other changes reducing the commercial value of marine 
resources (fish, shellfish, etc.). 
B. Characteristics of dumping site and method of deposit 
1. Location (e.g. coordinates of the dumping 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. Methods of packaging and containment, if any; 
4. Initial dilution achieved by proposed method of release, particularly by speed of the ship; 
5. Dispersal characteristics (e.g. effects of currents, tides and wind on horizontal transport and 
vertical mixing); 
6. Water characteristics (e.g. temperature, pH, salinity, stratification, indices of pollution — dis­
solved oxygen (DO), chemical oxygen demand (COD), biochemical oxygen demand (BOD) — 
nitrogen, present in organic and mineral form including ammonia, suspended matter, other 
nutrients and productivity); 
7. Bottom characteristics (e.g. topography, geochemical and geological characteristics and biolog­
ical productivity); 
8. Existence and effects of other dumping which have been made in the dumping area (e.g. heavy 
metal background reading and organic carbon contents); 
9. Determination of the consequences of dumping in the area concerned, taking into account sea­
sonal variations, by means of an impact study. 
C. General factors and conditions 
1. Possible effects on amenity and bathing areas (e.g. deterioration in the quality of bathing 
water, presence of floating or stranded material, turbidity, objectionable odour, discoloration 
and foaming); 
2. Possible effects on marine life, fish and shellfish culture, fish stocks and fisheries, seaweed har­
vesting and culture; 
3. Possible effects on other uses of the sea (e.g. impairment of water quality for industrial use, 
underwater corrosion of structures, interference with ship operations from floating materials, 
interference with fishing or navigation through deposit or waste or solid objects on the sea 
floor and protection of areas of special importance for scientific or conservation purposes); 
4. The practical availability of alternative land-based methods of treatment, disposal or elimina­
tion, or of treatment to render the matter less harmful for dumping at sea. 
ANNEX IV 
INCINERATION AT SEA 
A. Definitions 
For the purposes of this Annex: 
1. 'Marine incineration facility' means a ship, as defined in Article 2 (c) of the Directive, operat­
ing for the purpose of incineration at sea. 
2. 'Incineration system' means the equipment comprising the incinerator and its system for the 
feed of wastes, fuel and air, the appliances and devices for the control of the incineration oper­
ation and for the recording and monitoring of the conditions of incineration. 
3. 'Incinerator' means the furnace in which the thermal destruction of the wastes takes place. 
B. Scope 
An incineration permit can be issued solely for the following substances and materials: 
(a) organohalogen compounds; 
(b) pesticides and their by-products other than organohalogen compounds; 
26.9. 85 Official Journal of the European Communities No C 245/31 
(c) substances and materials not listed in Annexes I and II which may be incinerated at sea with­
out damage to the marine environment; 
(d) waste containing the abovementioned substances and materials provided that these substances 
and materials have not been added to the waste for the purpose of this waste being incinerated, 
and provided that the waste does not contain substances listed in paragraphs 3 and 4 of 
Annex I except when those substances occur as trace contaminants in waste to which they have 
not been added for the purpose of being incinerated. 
C. Approval and surveys of the incineration system 
1. For the purpose of approval, the Member State shall make an initial survey of the incineration 
system, or ensure that an initial survey has been completed by a Member State on the basis of 
the technical criteria contained in these rules. 
2. The initial survey shall be carried out in order to: 
(a) approve the siting, number, type and manner of the use of the devices for measuring and 
recording the incinerator wall temperature; 
(b) approve the gas sampling system including probe locations, analytical devices and the 
manner of recording; 
(c) ensure that approved devices have been installed to automatically shut off the feed of 
waste to the incinerator if the temperature drops below approved minimum temperatures; 
(d) approve the siting, type and manner of use of devices by which feed rates and amounts of 
waste pumped to the incinerator are controlled and recorded; 
(e) approve the results of tests on liquid organohalogen wastes, the characteristics of which 
are known under intensive stack monitoring, including measurements of 02, CO, C02, 
organohalogens and total hydrocarbons in the combustion gases; 
(f) ensure that during the incineration of wastes the combustion and destruction efficiencies 
shall exceed 99,9%; 
(g) approve the details of the mechanism for feeding and burning solid waste, if the facility is 
equipped for this purpose; 
(h) approve the following systems, the installation of which shall be mandatory following a 
decision of the Commission: 
— a closed gauging system of the waste tanks, 
— a tank overflow control system, 
— equipment for the automatic recording of the data required under section F of this 
Annex. 
3. Following the completion of an initial survey, a form of approval shall be issued by the Mem­
ber State concerned if the incineration system is found to be in compliance with these rules. 
The period of validity of the form of approval shall not exceed two years. 
4. Periodic surveys, at least every two years, must be carried out to ensure that the incineration 
system continues to comply with these rules. These surveys shall be the responsibility of the 
Member State which conducted the initial survey or, of the Member State which issued a per­
mit for current operations in consultation with that Member State. In the periodic survey the 
operating data and maintenance records for the previous period shall be taken into account. 
If the incineration system still complies with these rules, the Member State shall renew the 
form of approval for a further period not exceeding two years and not beyond the final date 
laid down pursuant to Article 9 (2). 
5. After any survey has been completed, no changes which affect the performance of the incinera­
tion system shall be made without the approval of the Member State which has issued or 
renewed the form of approval. 
6. There shall be available on the marine incineration facility: 
— a copy of the form of approval and survey reports; 
— a register containing the details of any changes affecting the performance of the incinera­
tion system* as mentioned in paragraph 5. 
7. A form of approval issued by a Member State shall be recognized by the other Member States 
unless there are clear grounds for believing that the incineration system is not in compliance 
with these rules. A copy of each form of approval and survey report shall be submitted to the 
Commission at its request. 
No C 245/32 Official Journal of the European Communities 26.9. 85 
8. If the marine incineration facility is a vessel, Member States shall ascertain before issuing a 
form of approval that the vessel complies with the relevant provisions of the IMCO Code for 
the Construction and Equipment of Ships carrying Dangerous Chemicals in Bulk ('). 
D. Incineration permits and control over the nature of wastes for incineration 
1 Incineration permits shall be issued for a period not exceeding two years. Permits may be 
renewed subject to the provisions of Article 5 (4). 
2. Any application for an incineration permit to a Member State must state the reasons for use of 
incineration as required by Section B, and all relevant information on the physical and chemi­
cal characteristics of the waste proposed for incineration. 
3. Any Member State which intends to authorize incineration of substances and materials prod-
used outside the area under its juridiction must seek confirmation of the origin of these subs­
tances and materials and of their suitability for incineration from the competent authorities. 
4. Copies of incineration permits issued by Member States shall be available on the marine inci­
neration facility and the Commission shall be immediately notified, in accordance with the 
notification procedure referred to in Section J. 
5. Where a Member State has doubts as to the thermal destructibility of the substances and mater­
ials proposed for incineration, pilot-scale tests shall be undertaken before a permit may be 
issued. 
6. Where a Member State proposes to permit incineration of substances and materials which have 
been subject to pilot-scale tests and over which doubts as to the efficiency of combustion 
remain, the incineration system shall be subject to the same intensive stack monitoring as 
required for the initial marine incineration system survey. Consideration shall be given to the 
sampling and analysis of particulates, taking into account the solid content of the substances 
and materials. 
E. Facilities for incineration at sea-operation requirements 
1. The operation of the incineration system shall be controlled so as to ensure that: 
(a) 
(b) 
(c) 
(d) 
2. There shall be no black smoke nor flame extension above the plane of the stack. 
F. Data to be recorded 
1. Marine incineration facilities shall utilize recording devices and methods as approved under 
Section C. As a minimum, the following data shall be recorded during each incineration opera­
tion and retained for inspection by the Member State which has issued the permit: 
(a) wall temperature measurements; 
(b) date and time during incineration and record of substances and materials being inciner­
ated; 
(c) vessel position by appropriate navigational means; 
(d) feed rates and amounts of substances and materials; 
(') Publication No 83-11 of the International Maritime Organization. the normal operating wall temperature exceeds 1 200 ° C unless the results of tests on the 
marine incineration facility demonstrate that the required combustion and destruction 
efficiencies can be achieved at a lower temperature; 
the theoretical minimum residence time within the incinerator, for a wall temperature of 
1 200 °C, is of the order of one second; 
the combustion efficiency based on: 
CC02 — cCO Combustion efficiency = v x 100% 
where: 
CC02 = concentration of carbon dioxide in the combustion gases 
cCO = concentration of carbon monoxide in the combustion gases 
shall be at least 99,9%; 
the destruction efficiency based on a determination of the amount of the organohalogen 
substances added to the furnace which is not destroyed shall be at least equal to the com­
bustion efficiency of the incinerator, i.e. 99,9 %. The routine measurement of this par­
ameter shall be mandatory only after adequate measuring devices become available. 
26. 9. 85 Official Journal of the European Communities No C 245/33 
(e) 02, CO and C02 concentration in combustion gases; 
(f) vessel's course and speed. 
2. Where more than one Member State has issued a permit for one incineration operation, 
arrangements for review of the data shall be made among the Member States involved. 
G. Disposal of wastes and their residues 
1. The Member State which proposes to issue or review an incineration permit shall ensure that 
there are no means of disposing of wastes from the marine incineration facility except by 
means of the incinerator during normal operations. 
2. Tank washings and other residues contaminated by the waste shall be incinerated at sea in 
accordance with these rules or discharged into port facilities in consultation with the compe­
tent national authorities. 
3. Any solid residues remaining in the incinerator shall not be removed from the incinerator until 
the marine incineration facility can safely offload them on land for disposal. 
H. Prior Consultation Procedure 
The Commission shall, if necessary, request the Secretariats of International Conventions to pro­
vide details of the results of such procedures. i 
I. Incineration sites 
1. Factors to be considered in establishing criteria governing the selection of incineration sites 
shall include, in addition to those listed in Annex III to the Directive, the following: 
(a) the prevailing atmospheric dispersal characteristics at the site — including wind speed and 
direction, atmospheric stability, frequency of inversions and fog, precipitation types and 
amounts, relative humidity — in order to determine the potential impact on the surround­
ing environment of pollutants released from the marine incineration facility, giving par­
ticular attention to the possibility of atmospheric transport of pollutants in fishing grounds 
and coastal areas; 
(b) oceanic dispersal characteristics at the site in order to evaluate the potential impact of 
plume interaction with the sea; 
(c) availability of navigational aids; 
(d) the possible presence of undersea cables or pipelines if the vessel is to anchor at the inci­
neration site. 
2. Member States shall consult other interested Member States in the selection of an incineration 
site. 
3. Member States shall endeavour to define common incineration sites. 
4. The location of areas designated for the incineration of waste should be widely disseminated 
and communicated to the Commission and Member States. 
5. The marine incineration facility shall reply promptly to radio calls at all times during incinera­
tion. 
J. Notification 
Member States must: 
(a) send copies of the forms of approval and survey reports of the incineration system to the Com­
mission in accordance with the provisions of Section C.7 of this Annex; 
(b) make available to the Commission, pursuant to Article 11 paragraph 2, the information 
requested on the basis of the form set out in Annex VI. 
ANNEX V 
APPLICATION FOR, OR RENEWAL OF, PERMITS ISSUED FOR THE INCINERATION OF 
WASTE AT SEA 
Notification forms should contain: 
1. details of the reasons for the use of incineration; 
No C 245/34 Official Journal of the European Communities 26. 9. 85 
2. the following information: 
(a) issuing authority; 
(b) date of issue; 
(c) validity; 
(d) country in which the waste originated; 
(e) port of loading; 
(f) total quantity of waste (in metric units) covered by the permit; 
(g) form taken by waste (in bulk or containers). If in containers, give details of: 
— size, 
— instructions; 
(h) composition of waste: 
— main organic constituents, 
— organohalogens, 
— main inorganic constituents, 
— suspended solids, 
— other relevant elements; 
(i) properties of the waste: 
— physical aspects, 
— density, 
— viscosity, 
— calorific value, 
— toxicity and persistence, if appropriate; 
(j) industrial process in which the waste arises; 
(k) name of the marine incineration facility and Member State in which it is registered; 
(1) incineration area: 
— geographic location, 
— distance from nearest coast; 
(m) anticipated frequency of incineration; 
(n) ^special conditions relating to the operation of the marine incineration facility if they are more 
stringent than those laid down in Annex IV; 
(o) additional information, e.g. pertinent information listed in Annex III to the Directive or moni­
toring and supervision requirements. 
ANNEX VI 
ANNUAL REPORT FORM ON ALL INCINERATION OPERATIONS CARRIED OUT IN.... 
1. Incineration site 
Position: — longitude: 
— latitude: 
2. Name of the marine incineration facility: 
3. Waste incinerated 
Country By country of origin 
26. 9. 85 Official Journal of the European Communities 
(a) Total quantity of waste actually incinerated: 
(b) Total quantity of waste for which an incineration permit has been issued: 
(c) Estimated quantity of halogens released into the environment: 
(d) Estimated quantity of non-organic substances released into the environment: 
— mercury 
— cadmium 
— arsenic 
— chromium 
— copper 
— lead 
— nickel 
— zinc 
— other metals/metalloids 
(e) Details of monitoring operations carried out during the incineration operations. 
(f) Details of any research carried out during the incineration operations. 
(g) Any other pertinent information. 
(h) Report on the issue and renewal of incineration permits. 
No C 245/36 Official Journal of the European Communities 26.9. 85 
ANNEX VII 
APPLICATION FOR OR RENEWAL OF PERMIT FOR THE DUMPING OF WASTE AT SEA 
REFERENCE: 
Application for permit 
1. (a) Name and address of applicant: 
Phone No: 
2. (a) Name and address of producer of waste if 
other than in 1. (a) above: 
Phone No: 
3. (a) Name and address of sea disposal con­
tractor or shipper if other than in 1. (a) 
above: 
Phone No: 
4. Category of waste 
and annual quant­
ity for dumping 
(a) Dredging spoil 
(b) Sewage sludge 
(i) Wet 
weight 
(ii) Dry 
weight 
(c) Other sludge 
(d) Liquid waste 
(e) Solid waste QUANTITY 
Digested Undi­
gested 
(net) FOR OFFICIAL USE: 
Renewal of permit 
TECHNICAL CONTACT 
1. (b) Name: 
Phone No: 
TECHNICAL CONTACT 
2. (b) Name: 
Phone No: 
TECHNICAL CONTACT 
3. (b) Name: 
Phone No: 
Unit 
(please 
state) FOR OFFICIAL USE: 
Type of waste: 
Code: 
Quantity: 
26. 9. 85 Official Journal of the European Communities No C 245/37 
5. Nature of waste if other than dredging spoil or sewage sludge: 
(a) Arising from manufacture of: 
(b) Procedure giving rise to the waste (e.g. 
fermentation, electro-plating, distillation, 
kiering, tanning, purification of fine 
chemicals by crystalization): 
(c) Is the waste to be treated before dump­
ing? 
(d) (i) If so, please state whether by settle­
ment, filtration, neutralization or biol­
ogical treatment: 
(ii) or by any other process namely: 
6. (a) Are samples Now available for testing if required? 
(b) If not, when can samples be made available? 
7. Are you already in possession of a valid consent? 
If so, please give: (a) Its reference number: 
(b) Its date of issue: 
8. (a) Proposed frequency of dumping: 
of the waste, i.e. daily, weekly, etc. 
(b) Quantity for disposal on each occasion: 
9. (a) Dumping area: 
(b) Proposed port of loading: 
(c) Coordinates of preferred dumping area: APPROXIMATE LOCATION 
(e.g. name of sea, ocean, estuary, lightship, etc.) 
10. For liquid or sludge-type wastes not in containers, please state where known: 
(a) Name of dumping vessel: 
(b) Proposed speed of dumping vessel: 
(c) Proposed rate of discharge: 
(d) Whether discharge is to be over ship's 
side, bottom discharge, or into wake of 
vessel: 
11. Physical properties, please state: 
(a) Specific gravity (not required for dredging 
spoil or sewage sludge): 
(b) PH: 
(c) 5-day BOD value: 
or BOD/PV value: 
or total organic carbon: 
(d) Suspended solids (mg/1): 
(e) Dissolved solids (mg/1): 
(f) Radioactive characteristics: 
No C 245/38 Official Journal of the European Communities 26.9.85 
12. Chemical composition. Please complete the following list stating units of concentration and whether 
the analysis is (i) on a dry weight basis; (ii) on a volume/volume, weight/weight or weight/volume 
basis. For negligible quantities please indicate value as less than a number of parts per million: 
Mercury 
Cadmium 
Arsenic 
Lead 
Copper 
Zinc 
Beryllium 
Chromium 
Nickel 
Vanadium 
Iron 
Ammonia 
Cyanide Phenolic substances 
Fluoride 
Chlorine (not chlor­
ide) 
Organohalogens 
(state which) 
Organosilicon 
compounds 
Antibiotics 
Vitamins 
Oil/grease, persistant 
Oil/grease non-
persistant 
Animal oil/fat 
Vegetable oil/fat 
Further information necessary to give a complete description of the waste, e.g., other constituents and details of the form of constituents 
where relevant. 
13. Containers, if used, give details: 
(a) Type: 
(b) Capacity: 
(c) Method of sealing (i.e. bung or lid): 
(d) Whether container is to be cased in con­
crete: 
(e) Form or any additional ballast necessary 
to ensure sinking: 
DECLARATION 
I certify that to the best of my knowledge and belief the information given in this form is a correct des­
cription of the waste for which this application is made. 
Signature: Position: Date: 
FOR OFFICIAL USE 
RECOMMENDATION: 
QUALIFICATIONS: 
AREA AGREED: 
RESERVES: 
26. 9. 85 Official Journal of the European Communities No C 245/39 
ANNEXE VIII 
PERMITS FOR THE DUMPING OF WASTE AT SEA 
RENEWAL OF PERMITS FOR THE DUMPING OF WASTE AT SEA 
This permit granted authorizes the loading for dumping from 
ports and dumping in the sea of the waste described below, in accordance 
with the following conditions. 
1. Reference number of permit: 
2. Name and address of permit holder: 3. Name and address of producer of waste if 
other than in 2: 
4. Waste in Category of your application of as described in 
questions 11 and 12 of that application. 
(a) Arising from manufacture of: 
(b) By (procedure): 
5. Period of validity of permit: 
6. Quantity for disposal within this period: Months from to 
7. Method of disposal: 
8. Disposal area: 
9. Certified returns to be submitted to show that 
dumping has taken place: 
(Nil returns are required where applicable) 
10. SUPPLEMENTARY CONDITIONS RELATING TO THE DUMPING OPERATIONS: 
Tank washings are to be discharged only in the approved disposal area. 
OTHER CONDITIONS: 
11. Should the composition of the waste change materially from the description given in the applica­
tion or renewal to which this permit relates, you are required to notify the authority before dumping 
of the waste continues since this permit will no longer be valid. 
12. Copies of this permit shall be available for inspection by the enforcement officers at the premises 
where the waste is produced, at the waste disposal contractors premises and on board the dumping 
vessel. The person in charge of a shore installation should also have documents relating to the stor­
age of the waste specified overleaf. 
NOTES: 
(a) The licensing authority may revoke this permit if it appears to the authority that the holder is in 
breach of a condition included in it. 
(b) A person who dumps in contravention of the terms of a permit is guilty of an offence under 
Signature 
For and on behalf of the licensing authority 
Date: 
No C 245/40 Official Journal of the European Communities 26. 9. 85 
ANNEX IX 
PERMITS FOR THE INCINERATION OF WASTE AT SEA 
RENEWAL OF PERMITS FOR THE INCINERATION OF WASTE AT SEA 
This permit granted authorizes the loading for incineration from 
port and incineration in the sea of the waste described below, in accord­
ance with the following conditions. 
1. Reference number of permit: 
2. Name and address of permit holder: 3. Name and address of producer of waste if 
other than in 2: 
4. Waste in Category of your application of as described in 
questions (h) and (i) of that application. 
(a) Arising from manufacture of: 
(b) By (procedure): 
5. Period of validity of permit: 
6. Quantity for incineration within this period: Months From To 
7. Method of incineration: 
8. Incineration area (a): 
9. Certified returns to be submitted to show that 
incineration has taken place: 
(Nil returns are required where applicable) 
10. SUPPLEMENTARY CONDITIONS RELATING TO THE INCINERATION: 
OTHER CONDITIONS: 
11. Should the composition of the waste change materially from the description given in the applica­
tion or renewal to which this permit relates, you are required to notify the authority before incinera­
tion of the waste continues since this permit will no longer be valid. 
12. Copies of this permit shall be available for inspection by the enforcement officers at the premises 
where the waste is produced, at the waste disposal contractors premises and on board the incinera­
tion vessel. The person in charge of a shore installation should also have documents relating to the 
storage of the waste specified overleaf. 
NOTES: 
(a) The licensing authority may revoke this permit if it appears to the authority that the holder is in 
breach of a condition included in it. 
(b) A person who carries out incineration in contravention of the terms of a permit is guilty of an of­
fence under 
Signature 
For and on behalf of the licensing authority 
Date: 
26. 9. 85 Official Journal of the European Communities No C 245/41 
ANNEX X 
ANNUAL REPORT FORM ON ALL DUMPING OPERATIONS AT SEA CARRIED OUT 
IN.... 
1. Dumping site 
Position: — longitude: 
— latitude: 
2. Name of the marine dumping facility 
3. Waste dumped 
Country: By country of origin 
(a) Total quantity of waste actually dumped: 
Waste Annex II: 
Waste Annex III: 
(b) Estimated quantity of organic substances released into the environment: 
(c) Estimated quantity of non-organic substances released into the environment: 
Hg Pb 
Cd Ni 
As Zn 
Cr Be 
Cu Vd 
Sb Se 
Cn Fe 
other metals 
(d) Details of monitoring operations carried out during the dumping operations: 
Permit or permit renewal No: 
Permit or permit renewal No: 
(e) Any other relevant information: 
— number of applications or renewals for dumping permits refused (rea­
sons).