"ili* COMMISSION OF THE EUROPEAN COMMUNITIES 
COM(91) 358 final - SYN 362 
Brussels, 18 November 1991 
Proposal for a 
COUNCIL DIRECTIVE 
on procedures for harmonizing the programmes for the reduction 
and eventual elimination of pollution caused by waste from 
the titanium dioxide industry 
(presented by the Commission) 
#** 
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EXPLANATORY MEMORANDUM 
1. Introduction 
On 18 April 1983 the Commission, in conformity with Council 
Directive 78/176/EEC of 20 February 1978 on waste from the titanium 
dioxide industry, and in particular Article 9 thereof,1 presented to 
the Council a proposal for a Directive based on Articles 100 and 235 of 
the EEC Treaty designed to harmonize the programmes for the reduction 
and eventual elimination of pollution caused by waste from the titanium 
dioxide industry and to improve the conditions of competition in that 
sector.^ 
The proposal was amended in 1984 pursuant to the second paragraph of 
Article 149 of the EEC Treaty and was then discussed on several 
occasions by the Council.-* Following the entry into force of the 
Single European Act, the Commission changed the legal basis of its 
proposal to Article 100a. 
Nevertheless, at its meeting of 24 and 25 November 1988, the Council 
agreed a common position basing the proposed Directive on Article 130s 
of the EEC Treaty. Although Parliament, when consulted by the Council 
on this change, was of the opinion that the legal basis proposed by the 
Commission was appropriate, the Council adopted the Directive in 
question on the basis of Article 130s. 
The Commission, considering that Article 100a was the appropriate legal 
basis for Directive 89/428/EEC,4 instituted proceedings for annulment 
before the Court of Justice on 28 September 1989 pursuant to the first 
paragraph of Article 173 of the EEC Treaty. 
In its judgment delivered on 11 June 1991, the Court found that 
Article 100a of the EEC Treaty was the legal basis which should have 
been chosen, and annulled Directive 89/428/EEC on the grounds that it 
lacked a proper legal basis5 
The Court's decision has important legal effects, since the national 
measures transposing the annulled Directive 89/428/EEC have lost their 
foundation in Community law. 
It is worth noting in this respect that Member States should, pursuant 
to Article 12 of Directive 89/428/EEC, have brought the necessary 
provisions into force to comply with this Directive at the latest by 
31 December 1989 and, furthermore, that transposai has already been 
achieved to a large extent in those Member States that have discharged 
their obligations in this field. 
Since, apart from the legal basis and the provisions on derogations 
from application of the Directive, the other provisions serve the 
intended objective, which is to eliminate distortions of competition 
and to protect the environment, the Commission takes the view that no 
Member State need cancel its national measures transposing the 
Directive. 
1 OJ No L 54, 25.2.1978, p. 19. 
2 OJ No C 138, 26.5.1983, p. 5. 
3 OJ No C 167, 27.6.1984, P. 9. 
4 OJ No L 201, 14.7.1989, p. 56. 
5 Judgment of 11.6.1991 in Case C-300/89, Commission-European 
Parliament v Council (not yet published). 
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Finally, Article 176 of the EEC Treaty requires the institution whose 
act has been declared void to take the necessary measures to comply 
with the judgment. 
To this end, the Commission hereby sends to the Council and Parliament 
a new proposal for a Directive based on Article 100a of the EEC Treaty. 
In order to fill rapidly the temporary legal void created by the 
abovementioned annulment decision, the Commission considers it 
appropriate to include in its new proposal provisions ensuring 
continuity in the achievement of the objectives of the annulled 
Directive 89/428/EEC. This does not, of course, apply to the legal 
basis or to the provisions of the Directive allowing derogations to the 
implementation timetable, as this would be contrary to the requirements 
of Article 100a of the EEC Treaty. 
Consequently, the Commission calls on the other institutions to take 
all appropriate measures to expedite the adoption procedure. 
2. Legal baais 
This proposal for a Directive lays down the procedures for harmonizing 
the programmes for the reduction and eventual elimination of pollution 
caused by waste from existing industrial establishments in the titanium 
dioxide industry, pursuant to Article 9 of Council Directive 78/176/EEC 
of 20 February 1978 on waste from the titanium dioxide industry. 
Although national programmes to reduce pollution in this field have 
been introduced for environmental protection reasons, they need to be 
harmonized in order to eliminate distortions of competition resulting 
from differences between the programmes. 
The existence and/or maintenance of different national rules applicable 
to competing industrial establishments in the titanium dioxide sector 
results in major economic differences regarding in particular the 
investments which the industry is required to make, which are reflected 
in the cost of the finished product. 
Differences also result in the level of environmental protection in the 
individual Member States. 
For all these reasons, it is necessary to harmonize the programmes. 
Given this objective, and in conformity with the grounds stated by the 
Court in its abovementioned annulment decision, this proposal for a 
Directive contributes to completion of the internal market and 
therefore falls within the scope of Article 100a. 
Consequently, and in implementation of the Court's judgment of 
11 June 1991 in Case C-300/89, the legal basis for this proposal for a 
Directive is Article 100a of the EEC Treaty. 
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3- Content of the proposal 
The proposal retains the technical provisions (prohibition of dumping 
and discharge, limit values) of the annulled Directive 89/428/EEC with 
the object of ensuring continuity in the achievement of the 
environmental protection objectives adopted by the Council in this 
field in 1989. 
The Commission considers this approach to be appropriate in view, 
firstly, of the lengthy political debate in the Community which 
preceded adoption of Directive 89/428/EEC now declared void and, 
secondly, of important financial aspects concerning the investments 
already made by the industrial establishments concerned in technology 
for treating titanium dioxide waste in order to comply with the 
objectives and implementation timetable of the annulled 
Directive 89/428/EEC. 
In addition, the current temporary legal void created by the annulment 
decision is likely to have adverse effects on the environment and on 
the conditions of competition in the titanium dioxide industry; it must 
therefore be speedily rectified by the adoption of a new directive 
restoring the conditions created in 1989. 
Since the implementation calendar established by the annulled 
Directive 89/428/EEC has largely been overtaken, this proposal sets new 
target dates in the near future. 
The proposed timetable is based on the following considerations: 
- the main provisions of Directive 89/428/EEC now declared void should 
have been and in fact were implemented between 31 December 1989 and 
30 June 1990 in certain Member States (which should therefore not be 
placed at a disadvantage compared with the other Member States); 
- Community legal certainty in the field must be reestablished as 
quickly as possible. 
The timetables for reducing discharges to the aquatic environment and 
to the air differ from one another. 
A. Discharges to the aquatic environment 
The timetable contained in Articles 3 to 6 of the proposal specifies 
the following dates: 
- 31 January 1993 (31.12.1989 in Directive 89/428/EEC now declared 
void) 
1. Prohibition of the dumping of waste (discharge to the aquatic 
environment from ships or aircraft of any type) (Article 3). 
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2. Prohibition of discharges (other than dumping) to the aquatic 
environment of solid waste and strong acid waste from existing 
industrial establishments using the sulphate process or the 
chloride process (Article 4a-b). 
3. Prohibition of discharges (other than dumping) to the aquatic 
environment of treatment waste from existing industrial 
establishments using the sulphate process (Article 4a). 
4. Effective date for the reduction of weak acid waste, treatment 
waste and neutralized waste from existing industrial 
establishments using the chloride process to certain values of 
total chloride per tonne of titanium dioxide produced 
(Article 5b). 
5. Final date for communication to the Commission by Member States of 
their programme for reducing weak acid waste and neutralized waste 
from existing industrial establishments using the sulphate process 
to certain values of total sulphate per tonne of titanium dioxide 
produced, where these States encounter major technical and economic 
difficulties (Article 6). 
- 31 December 1993 (31.12.1992 in Directive 89/428/EEC now declared 
void) 
Target date for reducing weak acid waste and neutralized waste from 
existing industrial establishments using the sulphate process to 
certain values of total sulphate per tonne of titanium dioxide produced 
(Article 5a). 
- 31 December 1994 (idem Directive 89/428/EEC now declared void) 
Expiry of the derogation from the target date for the reduction of weak 
acid waste and neutralized waste to certain values of total sulphate 
per tonne of titanium dioxide produced (sulphate process only) 
(Article 6). 
B. Discharges to the air 
The timetable results from Article 8 of the proposal: 
- 31 January 1993 (31.12.1989 in Directive 89/428/EEC now declared 
void) 
Target date for the reduction to certain values of discharges of dust 
and chlorine from existing establishments using the chloride process 
(Article 8b i-ii). 
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- 31 December 1993 (31.12.1990 in Directive 89/428/EEC now declared 
void) 
Target date for the reduction to certain values of discharges of dust 
from existing establishments using the sulphate process (Article 8a i). 
- 1 January 1995 (idem in Directive 89/428/EEC now declared void) 
Target date for the reduction to certain values of discharges of S02 
arising from digestion and calcination steps in the manufacture of 
titanium dioxide from existing establishments using the sulphate 
process (Article 8a ii). 
The scope for Member States to postpone application of certain 
provisions, in particular those relating to discharges to the aquatic 
environment provided for by Articles 5 and 7(2) of the annulled 
Directive 89/428/EEC have not been maintained in the proposal, as they 
no longer have any justification. 
These Articles enabled Member States to postpone until 31 December 1992 
at the latest the implementation date laid down in Articles 3 and 6(b) 
of Directive 89/428/EEC and that laid down in Article 4 (for which an 
additional six months' period of grace could be granted by the 
Commission), provided that the Member States concerned submitted a 
corresponding effective programme of reduction to the Commission by 
31 December 1989 at the latest. 
As no Member State had availed itself of this scope for derogation 
within the periods laid down in the former Directive and since 10 and 
11 Member States respectively had stated that they did not wish to use 
this derogation, there is no longer any cause to include such 
provisions. 
By contrast, the derogation provided for in Article 7(1) of 
Directive 89/428/EEC is maintained in Article 6 of this proposal. 

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Proposal for a 
COUNCIL DIRECTIVE 
on procedures for harmonizing the programmes for the reduction 
and eventual elimination of pollution caused by waste from 
the titanium dioxide industry 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European Economic 
Community, and in particular Article 100a thereof, 
Having regard to the proposal from the Commission1, 
In cooperation with the European Parliament2, 
Having regard to the opinion of the Economic and Social Committee3, 
Whereas Council Directive 89/428/EEC of 21 June 1989 on procedures for 
harmonizing the programmes for the reduction and eventual elimination 
of pollution caused by waste from the titanium dioxide industry4 was 
annulled by the Court of Justice in its judgment of 11 June 1991 on the 
grounds that it lacked an appropriate legal basis;5 
Whereas the legal void caused by the annulment of the Directive may 
have adverse effects on the environment and on conditions of 
competition in the titanium dioxide production sector; whereas it it 
necessary to restore the material situation created by the annulled 
Directive 89/428/EEC; 
Whereas the objective of this Directive is to approximate national 
rules relating to titanium dioxide production conditions in order to 
eliminate the existing distortions of competition between producers in 
the industry and to ensure a high level of environmental protection; 
Whereas Council Directive 78/176/EEC of 20 February 1978 on waste from 
the titanium dioxide industry6, as last amended by 
Directive 83/29/EEC7, and in particular Article 9 thereof, 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 set general targets for the reduction of 
pollution caused by liquid, solid and gaseous wastes to be achieved by 
1 July 1987; whereas these programmes were to be submitted to the 
Commission so that it could present suitable proposals to the Council 
for their harmonization with regard to the reduction and eventual 
elimination of this pollution and the improvement of the conditions of 
competition in the titanium dioxide industry; 
1 OJ No 
2 OJ No 
3 OJ No 
4 OJ No L 201, 14.7.1989, p. 56. 
5 Judgment of 11 June 1991, Case C-300/89, Commission v. Council, not 
yet published. 
6 OJ No L 54, 25.2.1978, p. 19. 
7 OJ No L 32, 3.2.1983, p. 28. 
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Whereas, in order to protect the aquatic environment, dumping of waste 
and discharges of certain wastes, in particular of solid and strong 
acid wastes, should be prohibited and discharges of other wastes, in 
particular of weak acid and neutralized wastes, should be progressively 
reduced; 
Whereas existing industrial establishments should employ the 
appropriate systems for treating the wastes in order to meet the 
requisite targets by the set dates; 
Whereas installation of those systems can give rise to major technico-
economic difficulties in the case of weak acid waste and neutralized 
waste from certain establishments; whereas Member States should 
therefore be able to defer application of these provisions, on 
condition that a programme of effective reduction of pollution is drawn 
up and submitted to the Commission; whereas where Member States 
experience such difficulties, the Commission should be able to extend 
the relevant time limits; 
Whereas, in respect of discharges of certain wastes, Member States 
should be able to make use of quality objectives in such a way that the 
results are equivalent in all respects to those obtained through limit 
values; whereas such equivalence should be demonstrated in a programme 
to be presented to the Commission; 
Whereas, without prejudice to the obligations placed on Member States 
by Council Directive 80/779/EEC of 15 July 1980 on air quality limit 
values and guide values for sulphur dioxide and suspended 
particulates8, as last amended by Directive 89/427/EEC9, and Council 
Directive 84/360/EEC of 28 June 1984 on combating air pollution from 
industrial plants10, it is expedient to protect the quality of the 
air by fixing appropriate emission standards in respect of gaseous 
discharges from the titanium dioxide industry; 
Whereas, in order to verify the effective application of the measures, 
Member States should undertake monitoring in relation to the actual 
production of each establishment; 
Whereas all waste from the titanium dioxide industry should be avoided 
or re-used where technically and economically feasible and whereas 
such waste should be re-used or disposed of without endangering human 
health or the environment, 
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 programmes 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. 
8 OJ No L 229, 30.8.1980, p. 30. 
9 OJ No L 201, 14.7.1989, p. 53. 
10 OJ No L 188, 16.7.1984, p. 20. 
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Article 2 
1. For the purpose of this Directive: 
a) where the sulphate process is used: 
"solid waste" shall mean: 
- insoluble ore residues not broken down by sulphuric acid 
during the manufacturing process, 
copperas, i.e. crystalline ferrous sulphate (FeS047H20), 
"strong acid waste" shall mean: 
the mother liquors arising from the filtration phase following 
hydrolysis of the titanyl sulphate solution. If these mother 
liquors are associated with weak acid wastes which overall 
contain more than 0.5% free sulphuric acid and various heavy 
metals11, the liquors and waste taken together shall be 
considered strong acid waste, 
"treatment waste" shall mean: 
filtration salts, sludges and liquid waste arising from the 
treatment (concentration or neutralization) of strong acid waste 
and containing various heavy metals, but not including 
neutralized and filtered or decanted waste containing only 
traces of heavy metals and which, before any dilution, has a pH 
value above 5.5, 
"weak acid waste" shall mean : 
wash waters, cooling waters, condensates and other sludges and 
liquid wastes, other than those included in the above 
definitions, containing 0.5% or less free sulphuric acid, 
- "neutralized waste" shall mean: 
any liquid which has a pH value over 5.5, contains only traces 
of heavy metals, and is obtained directly by filtration or 
décantation from strong or weak acid waste after its treatment 
to reduce its acidity and its heavy metals' content, 
"dust" shall mean: 
all kinds of dust from production plants and in particular ore 
and pigment dust; 
"SOx" shall mean: 
gaseous sulphur dioxide and trioxide released in the various 
stages of the manufacturing and internal waste treatment 
processes, including acid droplets; 
11 Strong acid waste which has been diluted until it contains 0.5% or 
less free sulphuric acid shall also be covered by this definition. 
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b) where the chloride process is used: 
- "solid waste" shall mean: 
- insoluble ore residues not broken down by the chlorine during 
the manufacturing process, 
- metal chlorides and metal hydroxides (filtration substances) 
arising in solid form from the manufacture of titanium 
tetrachloride, 
- coke residues arising from the manufacture of titanium 
tetrachloride, 
- "strong acid waste" shall mean: 
waste containing more than 0.5% free hydrochloric acid and various 
heavy metals12, 
- "treatment waste" shall mean: 
filtration salts, sludges and liquid waste arising from the 
treatment (concentration or neutralization) of strong acid waste 
and containing various heavy metals, but not including neutralized 
and filtered or decanted waste containing only traces of heavy 
metals and which, before any dilution, has a pH value over 5.5, 
- "weak acid waste" shall mean: 
wash waters, cooling waters, condensated and other sludges and 
liquid wastes, other than those included in the above definitions, 
containing 0.5% or less free hydrochloric acid, 
- "neutralized waste" shall mean: 
any liquid which has a pH value over 5.5, contains only traces of 
heavy metals, and is obtained directly by filtration or 
décantation from strong or weak acid waste after its treatment to 
reduce its acidity and its heavy metals' content; 
- "dust" shall mean: 
all kinds of dust from production plants and in particular ore, 
pigment.and coke dust, 
- "chlorine" shall mean: 
gaseous chlorine released in the various stages of the 
manufacturing process; 
c) where the sulphate process or the chlorine process is used: 
- "dumping" shall mean: 
12 Strong acid waste which has been diluted until it contains 0.5% or 
less free sulphuric acid shall also be covered by this definition. 
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any deliberate disposal into inland surface waters, internal 
coastal waters, territorial waters or the high seas of substances 
and materials by or from ships or aircraft13. 
2. The terms defined in Directive 78/176/EEC shall have the same 
meaning for the purposes of this Directive. 
Article 3 
The dumping of any solid waste, strong acid waste, treatment waste, 
weak acid waste, or neutralized waste, as referred to in Article 2 
shall be prohibited with effect from 31 January 1993. 
Article 4 
Member States shall take the necessary measures to ensure that 
discharges of waste into inland surface waters, internal coastal 
waters, territorial waters and the high sea are prohibited: 
a) as regards solid waste, strong acid waste and treatment waste from 
existing industrial establishments using the sulphate process: 
- by 31 January 1993 in all the abovementioned waters; 
b) as regards solid waste and strong acid waste from existing 
industrial establishments using the chloride process; 
- by 31 January 1993 in all the abovementioned waters. 
Article 5 
Member States shall take the necessary measures to ensure that 
discharges of waste are reduced in accordance with the following 
provisions: 
a) from existing industrial establishments using the sulphate process: 
- weak acid waste and neutralized waste shall be reduced by 
31 December 1993 in all waters to a value of not more than 800 kg 
of total sulphate per tonne of titanium dioxide produced (i.e. 
corresponding to the S04 ions contained in the free sulphuric 
acid and in the metallic sulphates); 
b) from existing industrial establishments using the chloride process: 
- weak acid waste, treatment waste, and neutralized waste shall be 
reduced by 31 January 1993 in all waters to the following values 
of total chloride per tonne of titanium dioxide produced (i.e. 
corresponding to the CI ions contained in the free hydrochloric 
acid and in the metallic chlorides): 
130 kg using neutral rutile, 
228 kg using synthetic rutile, 
450 kg using slag. 
13 "Ships and aircraft" shall mean waterborne vessels and airborne 
craft of any type whatsoever. This expression shall include air-
cushion craft, floating craft, whether self-propelled or not and 
fixed or floating platforms. 
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In the case of an establishment using more than one type of ore, the 
values shall apply in proportion to the quantity of these ores used. 
Article 6 
Except where inland surface waters are concerned, Member States may 
defer the date of application referred to in point (a) of Article 5 
until 31 December 1994 at the latest if serious technico-economic 
difficulties so require and provided that a programme of effective 
reduction of discharges of such waste is submitted to the Commission 
by 31 January 1993. Such a programme shall enable the following limit 
value per tonne of titanium dioxide produced to be reached by the date 
shown: 
- weak acid waste and neutralized waste : 800 kg - 31 December 1994. 
Three months at the latest following adoption of this Directive the 
Commission shall be informed of such cases, which shall be the subject 
of consultation with the Commission. The Commission shall inform the 
other Member States. 
Article 7 
1. As regards the requirements of Article 5, Member States may choose 
to make use of quality objectives coupled with appropriate limit 
values applied in such a way that the effects in terms of protecting 
the environment and avoiding distortions of competition are 
equivalent to that of the limit values laid down in this Directive. 
2. If a Member States chooses to make use of quality objectives, it 
shall present to the Commission a programme14, demonstrating that 
the measures achieve an effect, which, in terms of protecting the 
environment and avoiding distortion of competition, is equivalent to 
that of the limit values by the dates when these limit values are 
applied in accordance with Article 5. 
This programme shall be submitted to the Commission at least six months 
before the Member State proposes to apply the quality objectives. 
This programme shall be assessed by the Commission in accordance with 
the procedures laid down in Article 10 of Directive 78/176/EEC. 
The Commission shall inform the other Member States. 
Article 8 
1. Member States shall take the necessary measures to ensure that 
discharges into the atmosphere are reduced in accordance with the 
following provisions: 
a) in the case of existing industrial establishments using the sulphate 
process: 
14 Such information shall be provided under Article 14 of Directive 
78/176/EEC or separately should circumstances so require. 
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i) as regards dust, discharges shall be reduced by 31 December 
1993 to a value of not more than 50 mg/nm3 15 from major 
sources and not more than 150 mg/nm3 15 from any other 
source16; 
ii) as regards SOx, discharges arising from digestion and 
calcination steps in the manufacture of titanium dioxide shall 
be reduced by 1 January 1995 to a value of not more than 10 kg 
of SO2 equivalent per tonne of titanium dioxide produced; 
iii) Member States shall require means to be installed for 
preventing the emission of acid droplets; 
iv) plants for the concentration of waste acid shall not discharge 
more than 500 mg/nm3 S0X calculated as S02 equivalent17; 
v) plants for the roasting of salts generated by the treatment of 
waste shall be equipped with the best available technology not 
entailing excessive costs in order to reduce SOx emissions; 
b) in the case of existing industrial establishments using the chloride 
process: 
i) as regards dust, discharges shall be reduced by 31 January 1993 
to a value of not more than 50 mg/nm3 15 for major sources 
and not more than 150 mg/nm3 15 from any other source16; 
ii) as regards chlorine, discharges shall be reduced by 31 January 
1993 to a daily average concentration of not more than 
*^ 1 ft 
5 mg/nm and not more than 40 mg/nm3 at any time. 
2. This Directive shall not prejudice Directive 80/779/EEC. 
3. The procedure for monitoring the reference measurements for 
discharges of SO^ into the atmosphere is set out in the Annex. 
Article 9 
Member States shall monitor the values and reductions specified in 
Articles 5, 7 and 8 in relation to the actual production of each 
establishment. 
Article 10 
Member States shall take the measures necessary to ensure that all 
waste from the titanium dioxide industry, and in particular waste 
subject to prohibition on discharge or dumping into water or on 
discharge into the atmosphere is: 
15 Cubic metre at a temperatur of 273 K and pressure of 101.3 kPa. 
16 Member States shall inform the Commission of those minor sources not 
included in their measurement. 
17 For new concentration processes the Commission can agree to a 
different value if the Member States can demonstrate the non­
availability of techniques to achieve this standard. 
18 It is considered that these values correspond to a maximum of 6 
grams per tonne of titanium dioxide produced. 
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- avoided or re-used where technically and economically feasible, 
- re-used or disposed of without endangering human health or harming 
the environment. 
The same shall apply to waste arising from the re-use or treatment of 
the abovementioned waste. 
Article 11 
1. Member States shall take the measures necessary to comply with this 
Directive not later than 31 January 1993. They shall forthwith 
inform the Commission thereof. 
When Member States adopt these provisions, these shall contain a 
reference to this Directive or shall be accompanied by such 
reference at the time of their official publication. The procedure 
for such reference shall be adopted by Member States. 
2. Member States shall communicate to the Commission the provisions of 
national law which they adopt in the field governed by this 
Directive. 
Article 12 
This Directive is addressed to the Member States. 
Done at Brussels, For the Commission 
The President 
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ANNEX 
Procedure for monitoring the reference measurements 
for gaseous SO emissions x 
For the purposes of calculating the quantities of SO an(j so 
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 S02/sc>3 content measured 
over the same period. The S02/S03 flow rate and content must be 
determined under the same temperature and humidity conditions. 


ISSN 0254-1475 
COM(91) 358 final 
DOCUMENTS 
EN 14 
Catalogue number : CB-CO-91-503-EN-C 
ISBN 92-77-77465-7 
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