10. 9. 81 Official  Journal  of the European  Communities No C 230/5 
Opinion  on the  proposal  (or a Council  Directive  on methods  for the  surveillance  and 
monitoring  of the environments  affected  by wastes  from  the titanium  dioxide  industry 
The text  referred  to the Committee  has been  published  in Official  Journal  of the European 
Communities  No  C 356  of 31 December  1980,  page  32. 
A. LEGAL  BASIS  FOR  THE  OPINION 
On 15 January  1981  the Council  referred  the abovementioned  proposal  to the Economic  and 
Social  Committee  in accordance  with  Articles  100  and  235  of the Treaty  establishing  the 
European  Economic  Community. 
B. OPINION  OF THE  ECONOMIC  AND  SOCIAL  COMMITTEE 
The Economic  and  Social  Committee  prepared  its opinion  on the above  matter  at its 189th 
plenary  session  held  in Brussels  on 1,2  and  3 July  1981. 
The full  text  of the opinion  is as follows: 
THE  ECONOMIC  AND  SOCIAL  COMMITTEE, 
Having  regard  to the Treaty  establishing  the European 
Economic  Community,  and in particular  Articles  100 and 
235 thereof, 
Having  regard  to the request  made  by the Council  of the 
European  Communities  on 15 January  1981  for  an 
opinion  on the  proposal  for  a Council  Directive  on 
methods  for  the  surveillance  and  monitoring  of the 
environments  affected  by wastes  from  the  titanium 
dioxide  industry  ('), 
Having  regard  to the decision  taken  by the Committee's 
Bureau  on 27 January  1981,  instructing  the Section  for 
Protection  of the  Environment,  Public  Health  and 
Consumer  Affairs  to draw  up an opinion  and a report  on 
the matter, 
Having  regard  to the opinion  issued  by the Section  for 
Protection  of the  Environment,  Public  Health  and 
Consumer  Affairs  at its meeting  on 2 June  1981, 
Having  regard  to the oral  report  made  by the rapporteur, 
Mr Blasig, 
Having  regard  to the discussions  at its 189th  plenary 
session  held  on 1,2  and  3 July  1981  (meeting  of 2 July 
1981), 
HAS  ADOPTED  THE  FOLLOWING  OPINION 
by a unanimous  vote: 
1. Background 
1.1. On  20 February  1978,  the  Council  adopted 
Directive  78 7176/EEC  on waste  from  the  titanium 
(>) OJ No C 356,  31. 12. 1*80,  p. 32. dioxide  industry  (2). The  Directive,  which  had  been 
drawn  up under  the  European  Community's  action 
programme,  was aimed  at the 'prevention  and progressive 
reduction,  with  a view  towards  elimination,  of pollution 
caused  by wastes  from  the titanium  dioxide  industry'. 
1.2. The  draft  on which  this  Directive  was  based  had 
earlier  been  submitted  to the  Economic  and  Social 
Committee,  which  in its opinion  of 25 February  1976  ( ') 
had given  its approval  subject  to a number  of comments 
and suggestions.  Some  of these  were  taken  into  account 
in the text  of the Directive. 
1.3. Directive  78/176/EEC  provided  for a system  of 
prior  authorizations  for waste  discharges.  The  waste  and 
the environment  concerned  were  also  to be monitored 
with  regard  to physical,  chemical,  biological  and 
ecological  aspects.  A general  list  of the  relevant 
parameters  was  given  in Annex  II of the Directive.  The 
Directive  further  stipulated  in Article  7(3)  that,  within 
one year  of notification  of the Directive,  the Commission 
should  submit  a proposal  on the  procedures  for  the 
surveillance  and  monitoring  of the  environments 
concerned.  Accordingly,  the  present  proposal  for  a 
Directive  has been  drawn  up. 
1.4. The  draft  Directive  seeks  to replace  and 
supplement  the broad  guidelines  of the 1978  Directive 
with  a series  of detailed  specifications  for monitoring  and 
surveillance.  A detailed  list of parameters  to be monitored 
is given  for each  of the major  forms  of disposal.  These 
parameters  are  broken  down  into  'mandatory'  and 
(2) OJ No L 54, 25. 2. 1978,  p. 19. 
(J) OJNoL  131,  12.6.  1976,  p. 18. 
No C 230/6 Official  Journal  of the European  Communities 10. 9. 81 
'guide'.  The  frequency  of sampling  is specified  in each 
case and reference  methods  of analysis  are also  given  for 
the various  environments  (air,  water,  land,  etc.).  The 
methods  to be  used  for  air  relate  to Directive 
80/779/EEC  on air quality  limit  values  and guide  values 
for sulphur  dioxide  and suspended  particulates. 
1.5. The  draft  Directive  provides  for the setting  up of 
a Committee  on adaptation  to technical  progress 
comprising  representatives  of the Member  States  under 
the chairmanship  of a Commission  representative.  The 
Commission  also  envisages  a revision  of the surveillance 
and monitoring  procedure  within  six years  with  a view 
to its possible  improvement. — the Protocol  on the Protection  of the Mediterranean 
Sea against  Pollution  from  Land-based  Sources 
(United  Nations,  1980), 
— the Convention  on the Protection  of the Rhine  against 
Chemical  Pollution  (77/586/EEC)  as well  as the 
Convention  for the Prevention  of Marine  Pollution  by 
Dumping  from  Ships  and Aircraft  (Oslo  Convention), 
in which  the Community  has observer  status. 
2.5. The  Committee  thinks  that  it is very  important 
for the Council  to speed  up the proceedings  which  will 
lead to the Community  participating  in international 
conventions  on the protection  of the environment. 
2. General  comments 
2.1. The  Committee  welcomes  the  Commission's 
proposal  since  it gives  practical  form  to the Directive  of 
20 February  1978. 
2.2. As  the  comments  made  in its opinion  of 
25 February  1976  still  stand,  the Committee  does  not 
intend  to repeat  them  in detail.  It would,  however, 
reiterate  the  need  to encourage  the  coordinated 
programme  of research,  experiments  and documentation 
designed  to (a) assess  the impact  of waste  discharges  on 
the environment  and (b) identify  technical  solutions. 
2.3. The  Committee  agrees  with  the Commission  that 
a special  Directive  is required.  In order  to ensure  that the 
monitoring  and surveillance  of the various  environments 
is effective  and practicable  from  the point  of view  of the 
titanium  dioxide  industry  and its workforce,  parameters 
are quite  rightly  laid  down  in Annexes  I to V of the 
proposal.  These  are divided  into  mandatory  parameters 
and parameters  which  are intended  to serve  as a guide. 
The mandatory  parameters  are  the  minimum 
requirements  for guaranteeing  effective  monitoring  and 
surveillance.  The  guide  values  supplement  the mandatory 
parameters  and  come  into  play  if the  mandatory 
parameters  are close  to the limits. 
2.4. The  special  significance  of this  Directive  lies in 
the fact that it will fit in with  a number  of already  existing 
conventions  for the prevention  of marine  pollution  to 
which  the Community  is a contracting  party,  viz.: 
— the Convention  for  the  Prevention  of Marine 
Pollution  from  Land-based  Sources  (Paris 
Convention)  (75/437/EEC), 
— the Convention  for  the  Protection  of  the 
Mediterranean  Sea  against  Pollution  (Barcelona 
Convention), 
— the Protocol  for the Prevention  of Pollution  of the 
Mediterranean  Sea  by Dumping  from  Ships  and 
Aircraft  (77/585/EEC), 3. Specific  comments 
3.1.1.  It  is beyond  dispute  that samples  will have  to be 
taken  and  analyzed  for the individual  parameters.  It is, 
however,  debatable  whether  the right  minimum  sampling 
frequencies  have  been  selected. 
3.1.2.  The  selection  of the sampling  points  is a vital 
factor.  It should  therefore  be ensured  that  the sampling 
points  in the various  environments  are comparable. 
3.2. Article  5 
Even  though  uniform  methods  of measurement  are not 
laid down  for practical  reasons,  laboratories  using  other 
methods  of measurement  should  have  to prove  that  the 
results  obtained  by them  are equivalent  or comparable. 
3.3. Article  7 
The proposal  allows  the use of parameters  'other  than 
those  laid  down  by this  Directive'.  It must  be asked, 
however,  whether  this will not make  it more  difficult,  or 
even impossible,  to bring  about  the harmonization  sought 
after  by the Commission  itself?  It should  therefore  be 
made  clear  that  the proposal  will  allow  additional,  but 
not alternative  parameters. 
3.4. Article  8 (2) 
There  is an error  of vocabulary,  at least  in the German 
text,  where  'zuerst'  should  read  'erstmalig'. 
3.5. Article  8 (3) 
The Committee  notes  that  the summary  of information 
will be published  by the Commission  'with  the prior 
10. 9. 81 Official  Journal  of the European  Communities No C 230/7 
agreement  of the Member  State  concerned'.  It should, 
however,  be made  clear  that  the purpose  of this clause  is 
to ensure  accuracy,  and  that  it is not to be used  to 
withhold  information  or impede  comparisons. 
3.6. Article  8 (4) 
It is difficult  to see why  the Commission  is to present 
proposals  for improving  this procedure  and harmonizing 
these  methods  of measurement  no later  than  six years 
after  notification  of this  Directive.  If the Committee 
referred  to in Article  11 is not to be empowered  to submit 
these  proposals,  consideration  could  be given  to the 
Council  authorizing  the Commission.  It should  also  be 
examined  whether  the  six-year  period  could  not  be 
shortened. 
3.7. Article  11 
The Committee  thinks  that  apart  from  the committee  on 
adaptation  to technical  progress,  there  should  also  be an 
advisory  committee  which  gathers  the views  of interested 
organizations  and  consists  of representatives  of firms, 
workers,  consumers  and  environmental  protection 
organizations,  etc.  The  committee  provided  for  in 
Article  11 should  consult  this advisory  committee  before 
any proposed  measures  are taken. 
3.8. Article  13 
3.8.1.  There  would  appear  to be  a linguistic 
discrepancy  between  the  term  'erheblich  geschadigt' 
(substantial  damage)  in the German  text  and  the term 
'deterioration'  as used  in the other  languages. 3.8.2.  Special  importance  must  be  attached  to 
Article  7 of Directive  78/176/EEC,  since  it is the third 
paragraph  of this  Article  which  forms  the basis  for the 
present  proposal.  The  deletions  proposed  in Article  13, 
which  will remove  the reference  to the whole  of Annex  II 
in Article  7 of Directive  78/176/EEC,  will  obscure  the 
meaning  of the term  'deterioration'.  The  deletions  should 
only be made  if the proposal  defines  what  is meant  by 
'deterioration'. 
3.8.3.  Some  of the  parameters  to be used  for 
measuring  the environmental  deterioration  apply  not 
only to the titanium  dioxide  industry.  Therefore,  the 
various  causes  of environmental  deterioration  should  be 
pin-pointed  as closely  as possible. 
3.9. Annexes:  (The  'guide'  parameters) 
The Committee  believes  that the Commission  might  look 
at the possibility  of including  specific  recommendations 
in the Directive  on the use of the 'guide'  parameters, 
although  it recognizes  that in some  instances  there  may  be 
practical  objections. 
3.10.  Annexes:  (Minimum  sampling  frequency) 
The Committee  notes  that  the physical  environments  in 
which  such  sampling  is to be carried  out  may  differ 
considerably.  But it feels  that sufficient  allowance  is made 
for this in Articles  4 and 9. 
3. 11. Annexes:  (Reference  methods  of analysis) 
The Committee  is not in a position  to comment  on the 
technical  details  of the reference  methods  proposed  by the 
Commission. 
Done  at Brussels,  2 July  1981. 
The Chairman 
of the 
Economic  and  Social  Committee 
Tomas  ROSEINGRAVE