24. 4. 89 Official Journal of the European Communities No C 102/3 
Opinion on the proposal for a Council Directive amending in respect of chromium Directive 
86/278/EEC on the protection of the environment, and in particular of the soil, when sewage 
sludge is used in agriculture (*) 
(89/C 102/02) 
On 8 December 1988 the Council decided to consult the Economic and Social Committee, 
under Article 130S of the Treaty establishing the European Economic Community, on the 
abovementioned proposal. 
The Section for Protection of the Environment, Public Health and Consumer Affairs, which 
was responsible for preparing the Committee's work on the subject, adopted its Opinion on 
31 January 1989. The rapporteur was Mr Proumens. 
At its 263rd plenary session (meeting of 22 February 1989) the Economic and Social Committee 
unanimously adopted the following Opinion. 
1. General comments 2. Specific comments 
1.1. The Committee welcomes the proposed Direc­
tive, which is a logical addition to the basic Directive 
(86/278/EEC) (2). Values for chromium were not 
included at the time, since insufficient scientific data 
were available. 
1.2. Research has now been completed, and conclus­
ive findings obtained. The explanatory memorandum 
summarizes these findings very clearly. 
1.3. It should be noted that there are differences in 
the limit values laid down by the Member States where 
legislation was passed or recommendations issued prior 
to the present draft Directive. 
1.4. These Member States should not undermine the 
scientific report drawn up at the beginning of 1988 by 
breaking ranks. 
1.5. The Committee was concerned about chromium 
permeating through to ground water and about traces 
of chromium in agricultural products which could find 
their way into the food chain. The scientific report 
drawn up for the Commission provides satisfactory 
answers to both questions. 
1.6. The Committee also wondered what effect 
spreading sewage sludge might have on grazing land. 
Directive 86/278/EEC says that at least three weeks 
must elapse between spreading sewage sludge and put­
ting stock out to pasture. This period is fixed by the 
Member States and may in certain cases be extended 
to take account of particular weather conditions (i.e. 
hot, arid areas). 2.1. Assessment of limit values 
2.1.1. Three types of limit value have been fixed, as 
in Directive 86/278/EEC: 
a) heavy metal concentrations in soil; 
b) heavy metal concentrations in sludge for use in 
agriculture; 
c) amounts of heavy metals which may be added 
annually to agricultural land. 
2.1.2. The limit values for concentrations of chro­
mium in soil range from 100 to 200 mg/kg of dry 
matter. 
2.1.3. The limit values for concentrations in sludge 
range from 1 000 to 1 750 mg/kg of dry matter. 
2.1.4. The limit value for the amount of chromium 
which may be added anually to agricultural land is 
4,5 kg per hectare per annum. 
2.1.5. It should be pointed out that the upper limit 
values for concentrations in slugde are very high and 
would not necessarily be acceptable for continuous use 
over a long period. The introduction of limit values for 
annual amounts will at least allow a standard approach. 
2.1.6. The ranges in limit values specified in 2.1.2 
and 2.1.3 allow Member States some leeway. It is up 
to the Member State to decide what is the best limit 
value for the country or region according to soil type, 
climate and farming practices. 
(!) OJNoC307, 2. 12. 1988, p. 9. 
(2) OJNoL 181,4. 7. 1986. Given the hazardous nature of hexavalent chromium, 
derived from the oxidation of trivalent chromium, 
No C 102/4 Official Journal of the European Communities 24. 4. 89 
which is predominant in sludge and soil, an important 
criterion in the evaluation of soil type should be the 
soil's capacity to oxidize chromium. 
2.2. Application of the Directive 
2.2.1. The Committee had wondered whether the 
deadline of 1 January 1990 was realistic. 
The basic Directive is to be applicable in the Member 
States by July 1989. However, as it is simply a question 
of adding limit values for chromium, without amending 
any other part of the Directive, the date set seems not 
only realistic but highly desirable. 
Nevertheless, the Commission must ensure that the 
basic Directive is properly implemented, and that the 
necessary tracking mechanisms are set up. 
2.2.2. Sewage treatment plants, equipped to monitor 
the presence of heavy metals, should be made respon­
sible for measuring the chromium content of sludge in 
accordance with Article 10 of Directive 86/278/EEC 
and on the basis of a specific administrative procedure. 
The effectiveness of this procedure has yet to be proven, 
however, as it will remain theoretical until the frame­
work Directive comes into force. 
2.2.3. If limit values are exceeded, sludge should be 
disposed of by treatment plants in one of three ways: 
Done at Brussels, 22 February 1989. a) it may be incinerated; 
b) it may be disposed of in a site designated for 
hazardous waste (though such sites are unfortu­
nately becoming fewer and further between); 
c) it may be spread on land which is not used to 
produce food. 
2.2.4. However, these disposal methods (with the 
possible exception of incineration) are experimental, 
unsatisfactory and could be harmful to the environ­
ment. 
The Commission should urge Member States to issue 
recommendations for industries which emit chromium 
and should seek to minimize such emissions in the light 
of available technologies. 
2.3. Impact statement 
2.3.1. The impact statement basically concerns agri­
cultural holdings (a matter for DG VI) rather than small 
and medium-sized firms per se, although many farm 
holdings are small or medium-sized firms. 
2.3.2. DG VI was consulted on the question of 
spreading sewage sludge and advised DG XI to tighten 
the rules slightly, which was done. 
2.3.3. Cooperation was therefore effective, respect­
ing not only the need for good farming practices, but 
also taking account of possible environmental prob­
lems. 
The Chairman 
of the Economic and Social Committee 
Alberto MASPRONE