26. 5. 83 Official Journal of the European Communities NoC 138/5 
Proposal for a Council Directive on procedure for harmonizing the programmes for the 
reduction and eventual elimination of pollution caused by waste from the titanium dioxide 
industry 
(Submitted by the Commission to the Council on 18 April 1983) 
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 
Parliament, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas Article 9 of Council Directive 78/176/EEC 
of 20 February 1978 on waste from the titanium 
dioxide industry ('), as last amended by Directive 
83/29/EEC (2), requires the Member States to draw 
up programmes for the progressive reduction and 
eventual elimination of pollution caused by waste 
from industrial establishments in existence on 20 
February 1978; 
Whereas these programmes, duly submitted to the 
Commission, set general interim targets for the 
reduction of pollution from liquid, solid and gaseous 
wastes to be achieved by 1 July 1987; whereas the 
Commission is required to submit proposals for the 
harmonization of these programmes with regard to 
the reduction and eventual elimination of this 
pollution and the improvement of the conditions of 
competition in the titanium dioxide industry; whereas 
the Council is required to act on these proposals 
within six months of the publication of the opinion of 
the European Parliament and that of the Economic 
and Social Committee in the Official Journal of the 
European Communities; 
Whereas, in order to protect the aquatic environment, 
dumping of copperas and of insoluble matter should 
be prohibited and discharges of liquid wastes from 
the manufacturing processes, and in particular of 
strong acids, should be reduced in view of their 
harmful effects; 
Whereas, in order to protect the aquatic environment, 
liquid wastes should be discharged into surface waters 
only under specified conditions of temperature and 
neutrality; 
Whereas it is necessary to fix, in respect of gaseous 
discharges from the manufacturing processes, reference values designed to have a long-term 
preventive effect with regard to health and environ­
mental protection; 
Whereas existing industrial establishments must 
employ the appropriate systems for treating the 
wastes in order to attain the requisite levels by the set 
dates; 
Whereas, since installation of the appropriate systems 
can give rise to delays in the application of the 
measures to harmonize the programmes, provision 
must be made for derogation from this Directive in 
certain cases, subject to the prior agreement of the 
Commission; 
Whereas the provisions of this Directive do not 
prejudice the obligations placed on Member States by 
Council Directives 80/68/EEC of 17 December 1979 
on the protection of ground water against pollution 
caused by certain dangerous substances (J) and 
80/779/EEC of 15 July 1980 on air-quality limit 
values and guide values for sulphur dioxide and 
suspended particulates (4); 
Whereas, since all the requisite powers have not been 
provided for by the Treaty, Article 235 of the Treaty 
should be invoked, 
HAS ADOPTED THIS DIRECTIVE: 
Article 1 
This Directive lays down, as required by Article 9 (3) 
of Directive 78/176/EEC, procedures for 
harmonizing the programme for the reduction and 
eventual elimination of pollution from existing 
industrial establishments and is intended to improve 
the conditions of competition in the titanium dioxide 
industry. 
Article 2 
1. For the purposes of this Directive, 'liquid 
wastes' means: 
— in the case of the sulphate process: 
— strong acid arising from the separation phase 
which follows on from the hydrolysis of the 
titanium oxide solutions and containing 
between 20 and 23 % free sulphuric acid and 
various metallic salts, and 
(•) OJ No L 54, 25. 2. 1978, p. 19. 
O OJ No L 32, 3. 2. 1983, p. 28. (») OJ No L 20, 26. 1. 1980, p. 43. 
(4) OJ No L 229, 30. 8. 1980, p. 30. 
No C 138/6 Official Journal of the European Communities 26. 5. 83 
— weak acid, at a concentration of between 
5 and 7 %, arising from the washing phase 
which follows on from the separation stage 
and also the other wash waters, and in 
particular those associated with the gaseous 
discharges from the manufacturing processes, 
including both the sulphate and chloride 
processes; 
— in the case of the chloride process: 
free hydrochloric acid. 
'Reference value' means: 
— for liquid wastes: 
— in the case of the sulphate process: 
the quantity of free acid, in the form of 
sulphuric acid, arising from the strong acids 
and/or weak acids containing, whether 
dissolved or in suspension, salts of metals such 
as Ti, Fe, Cr, Ni, Zn, Pb, Mn, V, arising from 
the manufacturing process, with the exception 
of copperas; 
— in the case of the chloride process: 
the quantity of free acid in the liquid wastes in 
the form of hydrochloric acid containing metal 
chlorides; 
— for SOx: 
— in the case of the sulphate process: 
the quantity of sulphur dioxide, and of sulphur 
trioxide expressed as SO2 equivalent, arising 
from the digestion towers and calcination kilns 
plus the acid droplets; 
— for chlorine: 
— in the case of the chloride process: 
the quantity of chlorine arising from the 
various stages of the manufacturing process. 
'Copperas' means: 
crystallized ferrous sulphate (FeSC>4 — 7H20) 
separated out in solid from the titanyl sulphate 
solution. 
'Insoluble matter' means: 
products which are not broken down by the sulphuric 
acid during the manufacturing process. 
2. Terms defined in Directive 78/176/EEC have 
the same meaning for the purposes of this Directive. 
Article 3 
1. This Article shall apply to existing industrial 
establishments employing the sulphate process. 
2. Member States shall take the necessary 
measures, including those relating to the installation of appropriate waste-treatment systems, to ensure 
that: 
— in respect of estuary waters, coastal waters and 
the open sea: 
— by 1 July 1987 they prohibit discharges of all 
forms of copperas and of insoluble matter, 
— by 1 July 198 8*they reduce discharges of liquid 
wastes to the reference value of 1 000 
kilograms of free acid per tonne of titanium 
dioxide produced, 
— by 1 July 1993 they further reduce discharges 
of liquid wastes by 60 % of the 
abovementioned reference value; 
— in respect of coastal waters and estuary waters: 
— by 1 July 1988 they prohibit discharges of 
liquid wastes at above 30 °C. 
3. In respect of surface waters, by 1 July 1988, the 
Member States shall prohibit discharges of liquid 
wastes at above 30 °C and with a pH value lower 
than 6,5. 
4. (a) In respect of the atmosphere, Member States 
shall take the measures necessary to ensure 
that by 1 July 1988 SOx discharges are reduced 
to the reference value of 3Q kilograms per 
tonne of titanium dioxide produced, as the 
annual average. 
(b) The provisions of this Directive shall not 
prejudice Directive 80/779/EEC. 
(c) The reference method of measurement for 
SOv emissions is set out in the Annex. 
Article 4 
1. This Article shall apply to existing industrial 
establishments employing the chloride process. 
2. Member States shall take the necessary 
measures, including those relating to the installation 
of appropriate waste treatment systems, to ensure 
that: 
— in respect of estuary waters, coastal waters and 
the open sea, by 1 July 1988 discharges of liquid 
wates are reduced to the reference value of 200 
kilograms of acid per tonne of titanium dioxide 
produced, 
— in respect of surface waters, by 1 July 1988 they 
prohibit discharges of liquid wastes with a pH 
value lower than 6,5. 
They shall prohibit discharges of all solid wastes such 
as filtrates and metal chlorides into these same waters. 
3. In respect of the atmosphere, Member States 
shall take the measures necessary to ensure that by 1 
July 1988 chlorine emissions are reduced to the 
reference value of six grams per tonne of titanium 
dioxide produced. 
26. 5. 83 . Official Journal of the European Communities No C 138/7 
Article "> 
Member States shall monitor the reference values, 
reductions and prohibitions specified in Articles 3 and 
4, in relation to the actual production of each 
establishment. 
Article 6 
1. Member States shall take the measures necessary 
to ensure that: 
— wastes subject to a discharge prohibition are 
stored on land with a view to re-use wherever 
possible, 
— products arising from the treatment of copperas, 
strong acids, weak acids and any other wastes not 
subsequently re-used can be stored on land 
without prejudice to Directive 60/68/EEC. 
2. The remaining quantities of the discharges 
defined in Articles 3 and 4 may be disposed of 
without pretreatment. 
Article 7 
1. Subject to prior agreement by the Commission, 
a Member State may depart from the set timetable should technical problems arise during the application 
of the appropriate technologies. 
2. The Member State concerned shall send to the 
Commission all the detailed supporting documents 
which the Commission needs to decide whether the 
conditions for applying paragraph 1 have been 
satisfied. 
3. Extensions of the period for each category of 
waste may not exceed 12 months. 
Article 8 
1. Member States shall take the measures necessary 
to comply with this Directive not later than 1 January 
1986. They shall forthwith inform the Commission 
thereof. 
2. Member States shall communicate to the 
Commission the provisions of national law which they 
adopt in the field governed by this Directive. 
Article 9 
This Directive is addressed to the Member States. 
ANNEX 
Principle of the reference method of measurement for gaseous SO* emissions 
For the purposes of calculating the quantities of SO2, and of SO3 and acid droplets expressed as 
SO2 equivalent, discharged by specific installations, account must be taken of the volume of gas 
discharged over the duration of the specific operations in question and of the average SO2/SO3 
content measured over the same period. The SO2/SO3 flow rate and content must be determined 
under the same temperature and humidity conditions.