No C 99/2 Official  Journal  of the  European  Communities 2. 5. 75 
Proposal  for a Council  Directive  on the reduction  of water  pollution  caused  by wood 
pulp  mills  in the Member  States 
(Submitted  to the Council  by the Commission  on  20 January  1975) 
THE  COUNCIL  OF THE  EUROPEAN  COMMUNITIES, 
Having  regard  to  the  Treaty  establishing  the 
European  Economic  Community,  and  in particular 
Article  100  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,  motivated  by the  concern  constantly  to 
protect  and  improve  the  environment,  some 
Member  States  have  already  taken  and  others  are 
about  to take  measures  to cleanse  their  water; 
whereas  these  measures  include  technical 
requirements  with  regard  to  the  discharge  of 
pollutants,  with  which  wood  pulp  mills  must 
comply; 
Whereas  national  laws  concerning  the reduction  of 
water  pollution  caused  by wood  pulp  mills  vary 
from  one  Member  State  to another;  whereas  these 
differences  affect  the  conditions  of competition 
within  the  Community  and  therefore  have  a direct 
effect  on the operation  of the common  market; 
Whereas  the programme  of action  of the  European 
Communities  on the  environment  (*) provides  for 
specific  action  in certain  industrial  sectors,  including 
the wood  pulp  industry,  with  a view  to reducing  at 
source  the various  forms  of pollution  caused  by the 
sector  under  consideration; 
Whereas,  in order  to protect  the  water  of the 
Community,  it is necessary  to provide  for discharges 
of pollutants  to be reduced  to certain  levels;  whereas 
these  levels  must  be  reached  by  existing 
establishments  within  a maximum  of 10 years  from 
the entry  into  force  of the Directive; 
Whereas  new  establishments  and  new  capacity  added 
to existing  establishments  must  use  anti-pollution 
techniques  in  such  a way  as  to  reach  the 
abovementioned  levels  within  not  more  than  12 
months  following  their  entry  into  service;  whereas 
such  action  is in the interest  of the protection  of the 
environment; 
(!) OJ  No C 112,  20. 12. 1973. Whereas  it should  be possible  to allow  derogations 
from  the standards  laid  down  in the Annex  hereto 
where  the  discharges  effected  by  existing 
establishments  into  coastal  waters  or into  tidal  parts 
of estuaries  do  not  cause  an  appreciable 
deterioration  in the quality  of such  waters; 
Whereas  the  technical  requirements  set out  in the 
Annex  to this  Directive  will  have  to be adapted 
rapidly  to technical  progress;  whereas,  in order  to 
facilitate  implementation  of the  measures  required 
for this  purpose,  a procedure  should  be laid  down  to 
ensure  close  cooperation  between  the Member  States 
and the  Commission  within  a Committee  for  the 
adaptation  of this  Directive  to technical  progress, 
HAS  ADOPTED  THIS  DIRECTIVE: 
Article  1 
1. This  Directive  concerns  the reduction  of water 
pollution  caused  by both  new  and  existing  wood 
pulp  mills. 
2. For  the purposes  of this  Directive: 
— 'water'  means  all fresh  water,  whether  running 
or stagnant,  underground  water,  brackish  water, 
estuaries  and  coastal  waters; 
— 'wood  pulp  mill'  means  any  establishment 
producing,  whether  exclusively  or not,  wood 
pulp; 
— 'existing  establishment'  means  a wood  pulp  mill 
which  is in operation  on the  date  of entry  into 
force  of this  Directive; 
— 'new  establishment'  means  a wood  pulp  mill 
which  starts  operation  after  the entry  into  force 
of this  Directive. 
Article  2 
1. The  pollution  caused  by existing  establishments 
shall  be reduced  to the  levels  shown  in the  table 
contained  in the  Annex  to this  Directive,  which 
forms  an integral  part  thereof.  Such  reduction  must 
be achieved  within  not more  than  10 years  from  the 
entry  into  force  of this  Directive. 
2.5. 75 Official  Journal  of the  European  Communities No C 99/3 
2. The  reduction  shall  be so phased  as to take 
account  of its effects  on the  competitive  position  of 
the undertakings  concerned,  which  could  have 
undesirable  economic  or social  repercussions. 
Article  3 
In the  case  of new  establishments  and  new  capacity 
added  to existing  establishments,  not  later  than  12 
months  following  their  entry  into  service  the 
permitted  level  of pollution  in the effluents  shall  not 
exceed  the standards  laid  down  in the Annex. 
Article  4 
1. Member  States  may  permit  derogations  from 
the standards  laid  down  in the  Annex  hereto  where 
discharges  effected  by existing  establishments  under 
present  discharge  circumstances  into  tidal  parts  of 
coastal  water  or into  tidal  estuaries  do not  cause  an 
appreciable  deterioration  in  the  quality  of  the 
receiving  water,  taking  account  in particular  of the 
quality  objectives  for  the  environment  and  the 
permitted  use of the said  water. 
2. The  derogations  referred  to above  may  be 
granted  for  a limited  period  which  shall  expire 
automatically  within  not  more  than  five  years. 
Further  derogations  for  a maximum  of five  years 
may be granted  subsequently  in the light  of the trend 
in the  quality  of the  environment,  environmental 
consequences,  the  discharge  effected  during  the 
previous  five  years  and  technical  progress  achieved 
in the  fight  against  pollution  in the  wood  pulp 
industry. 
3. Before  granting  or extending  a derogation, 
Member  States  shall  forward  the relevant  documents 
to the  Commission  so that  it can  give  its Opinion 
thereon. 
Article  5 
Any amendments  which  may  prove  necessary  in 
order  to adapt  the  Annex  to this  Directive  to 
technical  progress  shall  be adopted  in accordance 
with  the procedure  laid  down  in Article  7. 
Article  6 
1. A  Committee  for  the  adaptation  of  this 
Directive  to technical  progress  (hereinafter  called  the 
'Committee')  is hereby  set up and  shall  consist  of 
representatives  of  the  Member  States  with  a 
representative  of the Commission  as chairman. 
2. The  Committee  shall  adopt  its own  rules  of 
procedure. Article  7 
1. Where  the  procedure  laid  down  in this  Article 
is to be followed,  matters  shall  be referred  to the 
Committee  by  the  Chairman,  either  on  his  own 
initiative  or at the  request  of the  representative  of a 
Member  State. 
2. The  representative  of the  Commission  shall 
submit  to the  Committee  a draft  of the  measures  to 
be adopted.  The  Committee  shall  deliver  its Opinion 
on such  draft  within  a time  limit  to be set by the 
Chairman  according  to the  urgency  of the  matter. 
Opinions  shall  be delivered  by a majority  of 41 
votes,  the votes  of the Member  States  being  weighted 
as provided  in Article  148  (2)  of the  Treaty.  The 
Chairman  shall  not vote. 
3. (a)  The  Commission  shall  adopt  the  measures 
envisaged  where  they  are  in accordance  with 
the Opinion  of the Committee. 
(b) Where  the  measures  envisaged  are  not  in 
accordance  with  the  Opinion  of  the 
Committee,  or if no opinion  is delivered,  the 
Commission  shall  without  delay  propose  to 
the Council  the measures  to be adopted. 
The Council  shall  act by a qualified  majority. 
(c) If, within  three  months  of the  proposal  being 
submitted  to it, the Council  has  not  acted,  the 
proposed  measures  shall  be adopted  by the 
Commission. 
Article  8 
1. Member  States  shall  bring  into  force  the laws, 
regulations  and  administrative  provisions  necessary 
to comply  with  this  Directive  within  two  years  of the 
date of its notification. 
They  shall  forthwith  inform  the Commission  thereof. 
2. Member  States  shall  ensure  that  the texts  of the 
main  provisions  of national  law  which  they  adopt  in 
the field  governed  by  this  Directive  are 
communicated  to the Commission. 
3. Member  States  shall  communicate  regularly  to 
the Commission  their  technical  knowledge,  as well  as 
the experience  gained  and  the  results  obtained  in 
applying  the  provisions  adopted  pursuant  to this 
Directive. 
The Commission  shall  forward  a summary  of such 
information  to the other  Member  States. 
Article  9 
This  Directive  is addressed  to the Member  States. 
No C 99/4 Official  Journal  of the  European  Communities 2. 5. 75 
ANNEX 
REDUCTION  OF POLLUTION  FROM  EXISTING  WOOD  PULP  MILLS 
1. A mill  is defined  by its type  (kraft,  bisulphite,  semichemical,  mechanical)  and  the  size  of its 
output  (in metric  tons  per year). 
2. The  primary  aim  of the  reduction  of pollution  is to decrease  the suspended  solids  (SS)  and 
the oxidizable  substances  discharged,  measured  by their  five-day  biological  oxygen  demand 
(BOD),  which  are present  in the effluents.  This  flow,  expressed  in kilogrammes  and  related 
to the  daily  output  in metric  tons  (for  90 °/o dry  material),  is derived  from  the  following 
table: 
TABLE 
Production  type A B 
Production  type 
BOD SS SS 
Kraft unbleached 5 2-5 10 
Kraft 
bleached 9 10 20 
Bisulphite with  removal  or utilization 
of waste  liquors 45 12-5 50 
Bisulphite 
without  removal  or utilization 
of waste  liquors 80 15 85 
Semichemical capacity  exceeding 
150 metric  tons/day 8 5 5 
Semichemical 
capacity  not exceeding 
150 metric  tons/day 60 13 60 
Mechanical 5 5 5 
3. If the  reduction  of oxidizable  substances  is carried  out  by treatment  in aeration  tanks, 
the upper  limit  for the discharge  of suspended  solids  (SS)  according  to the production  type, 
shall  be that  defined  for phase  B in the table.  If the  reduction  of the  oxidizable  substances 
is carried  out  by any  other  means,  particularly  by means  of activated  sludges,  the  values 
shown  under  phase  A must  be observed. 
Proposal  for  a Council  resolution  on  technological  problems  of nuclear  safety 
(Submitted  to  the Council  by  the Commission  on  3 March  1975) 
THE  COUNCIL  OF THE  EUROPEAN  COMMUNITIES,  Having  regard  to  the  Opinion  of  the  European 
Parliament; 
Having  regard  to  the  Treaty  establishing  the  Having  regard  to the  Opinion  of the  Economic  and 
European  Atomic  Energy  Community;  Social  Committee;