No C 248/18 Official  Journal  of the European  Communities 29.10.  75 
Opinion  on the proposal  for a Council  Directive  on the reduction  of water  pollution 
caused  by wood  pulp  mills  in the Member  States 
The text  referred  to the  Committee  was  published  in the  Official  Journal  of the 
European  Communities  No  C 99 of 2 May  1975,  page  2. 
A. LEGAL  BASIS  FOR  THE  OPINION 
On 28 January  1975,  the  Council  referred  the  abovementioned  proposal  to the 
Economic  and  Social  Committee  under  Article  100  of the  Treaty  establishing  the 
European  Economic  Community. 
B. OPINION  OF THE  ECONOMIC  AND  SOCIAL  COMMITTEE 
The Economic  and  Social  Committee  drew  up its Opinion  at its 129th  plenary  session, 
held in Brussels  on 23 and 24 April  1975. 
The Opinion  is published  below: 
THE  ECONOMIC  AND  SOCIAL  COMMITTEE, 
Having  regard  to the referral  on 29 January  1975  by 
the Council  of the  European  Communities,  of the 
proposal  for a Council  Directive  on the reduction  of 
water  pollution  caused  by wood  pulp  mills  in the 
Member  States;  ' 
Having  regard  to the  Treaty  establishing  the 
European  Economic  Community  and  in particular 
Article  100 thereof; 
Having  regard  to the decisions  taken  by its Bureau  on 
28 January  and  25 February  1975,  instructing  the 
Section  for  Protection  of the  Environment,  Public 
Health  and  Consumer  Affairs  in the  first  instance 
and, on a supplementary  basis,  the  Section  for 
Industry,  Commerce,  Crafts  and Services,  to draw  up 
an Opinion  and  a report; 
Having  regard  to the supplementary  Opinion  of the 
Section  for Industry,  Commerce,  Crafts  and Services; 
Having  regard  to the Opinion  adopted  by the Section 
for Protection  of the  Environment,  Public  Health 
and Consumer  Affairs  at its meeting  on 8 April  1975, 
and having  regard  to the  report  submitted  by Mr 
Bourel; 
Having  regard  to the discussions  at the Committee's 
meeting  on 24 April  1975  (129th  plenary  session  of 
23 and 24 April  1975), 
HAS  ADOPTED  THE  FOLLOWING  OPINION The Committee  approves  the proposal  subject  to the 
following  comments. 
1. Preliminary  observations 
1.1. The  Committee  emphasizes  that  the need  to 
reduce  water  pollution  is one  of the  important 
aspects  of the  problems  posed  by the  operating 
conditions  and  characteristics  of the pulp  sector  in 
the Community.  The  Committee  also  recalls  it has 
recently  commented  in general  terms  on  this 
matter  (1). It noted  inter  alia  that  the  need  to 
restructure  the sector  and  the  obligation  to reduce 
pollution  overlapped,  and  it highlighted  aspects 
connected  with  the  need  to make  the  sector 
competitive  at international  level,  without  forgetting 
the repercussions  which  such  developments  might 
have  in the social  field. 
1.2. In  this  context  the  Committee  urges  that 
adoption  of the  Directive  should  not  entail  such 
burdens  for pulp  mills  in the Community  that  the 
only possible  way  in which  they  could  conform  to 
the technical  objectives  laid  down  would  be by 
ceasing  their  operations. 
by a majority,  there  being  4 votes  against  and  5 
abstentions: (!) OJ  No C 62, 15. 3. 1975. 
29.10.75 Official  Journal  of the  European  Communities No C 248/19 
1.3. These  overall  aspects  must  be taken  into 
account  when  determining  pollution-reduction 
objectives,  together  with  the  possibilities  of using 
financial  aids  to achieve  these  objectives. 
2. General  comments 
2.1. Community  action  to  protect  the  aquatic 
environment 
2.1.1.  The  Committee  congratulates  the  Commis-
sion on its recent  action  to protect  and  safeguard  the 
aquatic  environment  of  the  Community.  The 
campaign  against  this  type  of pollution  is one  of the 
foremost  priorities  of the  Community  policy  on the 
environment. 
2.1.2.  On  the basis  of certain  studies  made  as part 
of the Community  action  campaign,  the Commission 
has drawn  up the  present  proposal  with  a view  to 
tackling  water  pollution  caused  by pulp  mills.  The 
directive  lays  down  minimum  discharge  standards 
which  vary  according  to the manufacturing  processes 
concerned  and  the capacity  of the receiving  waters  to 
assimilate  the discharge,  the latter  factor  being  taken 
into account  in the implementation  deadlines. 
2.1.3.  The  Committee  notes  with  satisfaction  that 
these  measures  will  also  apply  to underground  water 
reserves,  as  the  Committee  has  requested  in its 
Opinion  on the  reduction  of pollution  caused  by 
certain  dangerous  substances  discharged  into  the 
aquatic  environment  of the Community  (1). -
2.1.4.  In  this  connection,  the Committee  urges  that 
total  water  resources  be safeguarded  to the maximum 
possible  extent,  since  water  is destined  to become  a 
commodity  which  will  be  in increasingly  short 
supply.  Accordingly  consideration  should  be given  to 
all internal  economy  measures.  1 
2.1.5.  Finally,  the  Committee  is aware  of the 
serious  air and  soil  pollution  problems  in the  pulp 
industry;  it therefore  requests  the  Commission  to 
pursue  its research  in this  area  and  to submit,  in the 
near future,  concrete  proposals  based  on the findings 
of this  research. 
2.2. The  objective  of the proposal 
2.2.1.  The  Committee  notes  that  the  objective  of 
the Directive  is to reduce  the  volume  of pollutants 
which  pulp  mills  discharge  into  the  aquatic 
environment,  irrespective  of the raw  materials  used  in 
manufacturing  the pulp. 
2.2.2.  The  Committee  would  point  out  that  the 
word  'wood'  used  in the  English  version  is not  in keeping  with  the spirit  and  the letter  of the proposal. 
The Commission  should  therefore  amend  the  final 
text of the  Directive  to avoid  any  inconsistencies  in 
language  which  could  have  important  repercussions 
as regards  manufacturing  techniques. 
2.2.3.  Although  the technical  report  accompanying 
the proposal  is ambiguous  in this  respect,  the 
Committee  takes  the  view  that  the  mills  are 
considered  on  the  basis  of their  manufacturing 
process.  Both  mills  which  produce  only  pulp  and 
integrated  mills  will  therefore  be covered. 
2.3. Derogations  from  the provisions  of the Directive 
2.3.1.  Article  4 of the  proposed  Directive  permits 
the Member  States  to grant  derogations  from  the 
standards  laid  down  in the case  of mills  discharging 
into tidal  water.  The  Committee  considers  that  the 
derogation  procedure  envisaged  does  not  have  a 
sufficiently  'Community'  character.  It suggests  that 
the Commission  be involved  to a greater  extent  in the 
preparation  of decisions  and  that  it be given  the 
ppportunity  of  monitoring  the  application  of 
derogation  provisions. 
2.3.2.  The  Committee  wonders  whether  other 
considerations  of an economic  or social  nature  could 
justify  derogations.  This  could  be the  case,  for 
instance,  where  mills  of a limited  capacity  are forced 
to cease  operations  because  of their  inability  to 
comply  with  the  standards  laid  down.  The 
Committee  feels  that  the  possibilities  of derogating 
from  the standards  set must  at all events  remain  very 
limited  and  that  other  means  (especially  aids)  must  be 
used  to solve  problems  of this  type. 
2.4. Consultation  of socio-occupational  groups 
2.4.1.  An  ad  hoc  committee,  comprising 
representatives  of the  Member  States  and  of the 
Commission,  will  be responsible  for adaptation  of the 
directive  to technical  progress,  in accordance  with  a 
procedure  already  laid  down  for other  directives. 
2.4.2.  In  the  Committee's  view,  the  relevant 
socio-occupational  groups  must  be involved  in this 
work  and  the  Commission  must  consult  them  in 
advance  in an appropriate  manner  via  the  relevant 
bodies. 
2.5. Date  on which  the  Directive  enters  into  force 
and notification  to the Member  States 
H OJ No C 108,  15. 5. 1975. 2.5.1.  After  they  have  been  notified  of the 
Directive,  the Member  States  have  two  years  in which 
No C 248/20 Official  Journal  of the European  Communities 29.10.  75 
to draw  up  the  requisite  legal  instruments  for 
incorporating  the Directive  into  their  municipal  law. 
The date  on which  the Directive  enters  into  force  in 
the various  Member  States  could  therefore  vary 
considerably,  depending  on  how  quickly  the 
individual  governments  finalize  these  instruments. 
2.5.2.  In  addition,  existing  pulp  mills  are allowed 
10 years  from  the date  of entry  into  force  of the 
Directive  to alter  their  production  techniques  so as 
to reduce  the water  pollution  caused  by them  to the 
levels  laid down  by the Directive. 
2.5.3.  This  analysis  shows  that  risks  of 
inconsistency,  even  distortions  of competition,  will 
arise  depending  on whether  plants  are  located  in 
countries  which  implement  the Directive  immediately 
after  notification,  or in countries  which  wait  until  the 
end of the two-year  period,  as they  have  every  right 
to do. 
2.5.4.  The  Committee  concludes  that  it is 
absolutely  essential  to lay down  for all the Member 
States  a maximum  12-year  deadline  from  a given 
date,  namely  the date  on which  the Member  States 
are notified  of the Directive. 
2.5.5.  The  Committee  points  out that  the proposed 
Directive  does  not  take  away  the  Member  States' 
power  to take  steps  to ensure  that  the objectives  set 
are attained  within  a shorter  period. 
2.6. The  'polluter-pays'  principle  and  the granting  of 
state  aids 
2.6.1.  Under  this  principle,  plants  bear  the cost  of 
any measures  needed  to reduce  pollution  caused  by 
their  operation  to a level  consistent  with  what  is 
deemed  to  be  an  acceptable  quality  of the 
environment. 
2.6.2.  On  several  occasions  the  Committee  has 
approved  the  application  of this  principle  as the 
corner-stone  of Community  policy  on environmental 
protection:  however,  the Committee  has  drawn  the 
Commission's  attention  to  the  problems  of 
international  competition  and  the  structural 
difficulties  which  rigid  enforcement  of the principle 
could  cause  for certain  Community  industries. 
2.6.3.  In  this  connection  the Commission  proposes 
that pulp  mills  should  be given  specific  aids  from 
public  funds.  These  aids  are to be for a fixed  period 
and to taper  off. 
2.6.4.  The  Committee  stresses  the incentive  aspects 
of this  policy;  it believes  that  in certain  cases  such  an 
incentive  could  enable  the  objectives  set  to be 
attained  more  rapidly  through  more  aid  being 
granted  over  a limited  period. 
2.6.5.  However,  leaving  a^ide  new  plants,  which  in 
any case  have  to conform  to the standards  laid  down by the Directive  within  12 months  of coming  into 
operation,  established  plants  should  be granted  aids 
for the 12-year  period  which  they  are given  to adapt 
their  manufacturing  processes. 
2.6.6.  The  Committee  is, however,  unable  to rule 
out the  possibility  that  some  plants  could  find 
themselves  in difficulties  as a result  of  the 
requirements  set out in the proposal.  The  Committee 
would  reiterate  its  fundamental  concern  that 
everything  should  be done  to avoid  plant  closures 
and trusts  that  the system  of aids  which  has  been 
proposed  will  make  it possible  to find  the necessary 
solutions.  ~ 
2.6.7.  The  Committee  would  also  point  out  that 
the expansion  of production  capacity  inherent  in the 
merging  of plants  following  the desired  restructuring 
of the  sector  should  not  jeopardize  Community 
action  to reduce  pollution  of the aquatic  environment 
by the pulp  industry.  Nevertheless,  it considers  that 
it is within  the framework  of an overall  industrial 
policy  that  a solution  must  be sought  if the objectives 
of the  proposed  Directive  are  to be achieved  and 
account  is to be taken  of the social  and  economic 
imperatives  of the  sector.  Such  a policy  should 
involve  the  establishment  of a single  Community 
fund,  which  would  ensure  that  the  proposed  aids 
were  administered  by the Community. 
3. Specific  comments 
3.1. Annex  to the proposal:  The  problem  of reducing 
pollution  from  existing  pulp  mills 
3.1.1.  The  whole  purpose  of the Directive  is to lay 
down  genuinely  identical  upper  limits  for discharges 
of pollutants  in all the Member  States.  Accordingly, 
the Directive  must  clearly  state  what  measuring 
methods  have  been  used  to establish  the figures  given 
in the table.  Otherwise,  the table  is meaningless. 
3.1.2.  The  measuring  methods  used  to determine 
the tabulated  figures  are those  applied  in the Member 
State  where  the table  was  drawn  up.  It would  be 
difficult,  for various  reasons,  to get all the Member 
States  to adopt  measuring  methods  used  in one  State 
only. 
3.1.3.  The  Committee  therefore  considers  that  the 
methods  used  to determine  the figures  in the table 
should  serve  as reference  methods.  There  is, however, 
a danger  that  if the individual  Member  States  use 
their  own  measuring  methods  they  may  publish 
pollutant  flow  levels  different  from  those  contained 
in the table  annexed  to the Directive.  To ensure  that 
such different  figures  genuinely  correspond  to 
identical  pollutant  flows,  it is essential  that  the 
29.10.  75 Official  Journal  of the European  Communities No C 248/21 
— Phase  A: reduction  of suspended  solids  (SS), 
— Phase  B: reduction  of oxidizable  substances 
(BOD). 
3.1.8.  All  cellulose  pulp  plants  in France  must  first 
of all implement  phase  A and  only  then  phase  B. 
Phase  A therefore  relates  to the  elimination  of SS 
from  untreated  effluents  (it is well  known  in expert 
circles  that  SS must  be removed  from  untreated 
effluent  before  it is biologically  purified). 
3.1.9.  Phase  A as set  out  in the  'contrat  de 
branche'  refers  only  to SS  and  has  nothing 
whatsoever  to do with  BOD.  This  seems  quite  in 
order  because,  in practice,  the removal  of SS from 
untreated  effluent  from  pulp  mills  reduces  BOD  by a 
negligible  amount  only. 
3.1.10.  This  shows  that  the SS values  of phase  A 
have  nothing  whatsoever  to do  with  biological 
purification. 
3.1.11.  The  Committee  notes  that  the  table 
annexed  to the  proposed  Directive  is inconsistent 
with the 'contrat  de branche'  on which  it is based. 
3.1.12.  This  fact,  in  conjunction  with  the 
conclusion  drawn  above  concerning  the  technical 
impossibility  of adhering  to the SS values  of phase  A 
after  biological  purification  by the activated  sludge 
process  (item  3.1.5.),  prompts  the  Committee  to 
request  that  the layout  of the table  contained  in the 
Annex  to the  proposed  Directive  be amended, 
together  with  the  last  sentence  of paragraph  3 
following  this table.  The  new  layout  should  be: 
Production  type •A' 'B' 
Production  type 
SS BODs SS 
Kraft Unbleached 2-5 5 10 
Kraft 
Bleached 10 9 20 
Bisulphate With  removal  or utilization  of 
waste  liquors 12-5 45 50 
Bisulphate 
Without  removal  or utilization 
of waste  liquors 15 80 85 
Semi-chemical Capacity  exceeding  150  metric 
tons/day 5 8 5 
Semi-chemical 
Capacity  not  exceeding  150 
metric  tons/day 13 60 60 
Mechanical 5 5 5 co-relationships  between  the reference  values  given  in 
the table  and  those  published  in each  Member  State 
be properly  established  in cooperation  with  the 
Commission.  Otherwise  the table  will  be absolutely 
meaningless. 
3.1.4.  According  to the last sentence  of paragraph 
3 of the  Annex  to the  proposal,  discharges  of 
suspended  solids  after  biological  purification  by the 
activated  sludge  process  must  conform  to the values 
shown  under  Phase  'A'. 
3.1.5.  Reference  should  be made  to experience 
gained  in this  area,  inter  alia,  at a bleached  kraft 
plant  in the  Community.  In this  plant  effluent 
undergoes  activated  sludge  treatment  and  an 
efficiency  of over  90 % in terms  of reduction  in BOD 
is achieved,  which  is very  high  indeed,  particularly  in 
view  of the exceptionally  difficult  waste  conditions. 
Statistical  analysis  of more  than  1 000 measurements, 
covering  three  years  of operation  at these  very  high 
BOD  reduction  efficiencies,  shows  clearly  that  it is 
impossible  to attain  more  than  43 % adherence  to the 
SS flows  in column  A. It is therefore  technically 
impossible  to conform  to the SS values  given  in the 
table  for  phase  A. The  Committee  consequently 
requests  that  the last sentence  of paragraph  3 of the 
Annex  to the draft  Directive  be reworded  along  the 
lines  set out below. 
3.1.6.  The  table  in this  Annex  stems  from  an 
'agreement'  concluded  in France  between  the pulp 
industry  and  the French  Ministry  for Protection  of 
Nature  and the Environment. 
3.1.7.  The  'contrat  de branche'  lays  down  different 
de-polluting  operations,  including  the following: 
No C 248/22 Official  Journal  of the European  Communities 29.10.  75 
3.1.13.  If oxidizable  substances  are reduced  by means  of treatment  in aeration  tanks, 
the upper  limit  for discharges  of suspended  solids  (SS)  according  to production  type 
shall  be that  defined  for phase  'B' in the table.  Reduction  of oxidizable  substances  by 
any other  means,  including  activated  sludge  treatment,  must  make  it possible  to obtain 
suspended  solid  flows  between  phases  'A' and 'B\ 
4. Remarks 
4.1. The  difference  between  the table  as set out in the proposed  directive  and  the 
layout  requested  lies in the position  of the BODs  column. 
4.2. The  target  figures  calculated  in kilogrammes  and  related  to the daily  output  in 
metric  tons  remain  unchanged. 
4.3. Methods  of measurement  are those  in force  in the Member  State  in which  the 
table  was  drawn  up. 
Done  at Brussels,  24 April  1975. 
The Chairman 
of the Economic  and  Social  Committee 
Henri  CANONGE 
Opinion  on the proposal  for a Council  Directive  on the harmonization  of the laws  of 
the Member  States  concerning  alcoholometers  and  hydrometers  for alcohol  and  alcohol 
tables 
The text  referred  to the'  Committee  was  published  in the  Official  Journal  of the 
European  Communities  No C 11 of 16 January  1975,  page  7. 
A. LEGAL  BASIS  FOR  THE  OPINION 
On 3 December  1974,  the  Council  referred  the  abovementioned  proposal  to the 
Economic  and  Social  Committee  under  Article  100  of the  Treaty  establishing  the 
European  Economic  Community. 
B. OPINION  OF THE  ECONOMIC  AND  SOCIAL  COMMITTEE 
The Economic  and  Social  Committee  drew  up its Opinion  at its 129th  plenary  session, 
held in Brussels  on 23 and 24 April  1975. 
The Opinion  is published  below: