25. 1.83 Official Journal of the European Communities No C 20/5 
II 
(Preparatory Acts) 
COMMISSION 
Proposal for a Council Directive on limit values and quality objectives for mercury 
discharges by sectors other than the chlor-alkali electrolysis industry 
(Submitted by the Commission to the Council on 22 December 1982) 
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 Council Directive 76/464/EEC of 
4 May 1976 on pollution caused by certain dangerous 
substances discharged into the aquatic environment of 
the Community ('), and in particular Article 6 
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, in order to protect the aquatic environment 
of the Community against pollution caused by certain 
dangerous substances, Article 3 of Directive 
76/464/EEC provides for a system of prior author­
ization laying down emission standards for discharges 
of the substances in List I in the Annex thereto; 
Whereas mercury and its compounds are included in 
that list; 
Whereas Article 6 of Directive 76/464/EEC provides 
that limit values shall be laid down for emission 
standards and that time limits shall be laid down for 
their implementation; 
Whereas, in view of the fact that pollution from 
effluents containing mercury or its compounds is 
caused by a large number of industrial activities, 
specific limit values should be established according 
to the type of industry concerned; 
Whereas, in order to protect the aquatic environment, 
discharges into sewer systems should be subject to 
prior authorization in accordance with the provisions 
of Article 3 of Directive 76/464/EEC; 
Whereas Article 6 of Directive 76/464/EEC provides 
for the setting of quality objectives for substances on List I and, by way of exception, the emission 
standards may be determined on the basis of these 
quality objectives; 
Whereas a monitoring procedure should be instituted 
to enable the Member States to demonstrate that the 
quality objectives are complied with; 
Whereas, in the case of discharges from certain types 
of plant for which emission standards cannot be 
established or regularly monitored by reason of the 
scattered nature of the sources, specific programmes 
must be devised to eliminate mercury pollution from 
these plants; whereas, since the necessary powers 
have not been provided either by Article 6 of 
Directive 76/464/EEC or by the Treaty, Article 235 
of the Treaty should be invoked; 
Whereas Council Directive 82/176/EEC (2) lays 
down limit values for mercury discharges into the 
aquatic environment by the chlor-alkali electrolysis 
industry and also sets quality objectives for the 
aquatic environment into which mercury is 
discharged; 
Whereas groundwater is covered by Council 
Directive 80/68/EEC (3) and is excluded from the 
scope of this Directive, 
HAS ADOPTED THIS DIRECTIVE: 
Article 1 
1. This Directive: 
— in pursuance of Article 6 (1) of Directive 76/464/ 
EEC, lays down limit values for emission 
standards for mercury in discharges from 
industrial plants as defined in Article 2 (d) of this 
Directive, 
— in pursuance of Article 6 (2) of Directive 76/464/ 
EEC, lays down quality objectives for mercury in 
the aquatic environment, 
— in pursuance of Article 6 (4) of Directive 76/464/ 
EEC, lays down the time limits for compliance 
with the conditions of the authorizations granted 
by the competent authorities of Member States in 
the case of existing discharges, 
(•) OJ No L 129, 18. 5. 1976, p. 23. O OJNoL81,27. 3. 1982, p. 29. 
(3) OJ No L 20, 26. 1. 1980, p. 43. 
No C 20/6 Official Journal of the European Communities 25. 1.83 
— in pursuance of Article 12 (1) of Directive 
76/464/EEC, lays down the reference methods of 
measurement enabling the mercury content in 
discharges and in the aquatic environment to be 
determined, 
— in pursuance of Article 6 (3) of Directive 76/464/ 
EEC, establishes a monitoring procedure, 
— requires Member States to cooperate with one 
another in the case of discharges affecting the 
waters of more than one Member State, 
— requires the Member States to draw up 
programmes for the gradual elimination of 
pollution caused by discharges within the meaning 
of Article 4 (1). 
2. This Directive applies to the waters referred to 
in Article 1 of Directive 76/464/EEC, with the 
exception of groundwater. 
Article 2 
For the purpose of this Directive: 
(a) 'mercury' means: 
— the chemical element mercury, 
— the mercury contained in any of its 
compounds; 
(b) 'limit values'means: 
the values specified in Annex II; 
(c) 'quality objectives' means: 
the requirements specified in Annex III; 
(d) 'industrial plant' means: 
any plant active in one of the sectors listed in 
Annex I which is likely to discharge mercury into 
the waters referred to in Article 1 (2); 
(e) 'existing plant' means: 
an industrial plant which is operational on 
1 January 1983; 
(f) 'new plant' means: 
— an industrial plant which has become oper­
ational since 1 January 1983, 
— an existing plant whose capacity for the 
treatment of mercury has been significantly 
increased since 1 January 1983. 
Article 3 
1. The limit values, the time limits by which they 
must be complied with and the monitoring procedure 
for discharges are laid down in Annex I. 
2. The limit values shall apply at the point 
immediately before the discharge enters any of the 
waters referred to in Article 1 (2) or a public sewer 
system. 3. The authorizations referred to in Article 3 of 
Directive 76/464/EEC must contain provisions as 
stringent as those in Annex I to this Directive, except 
in cases where a Member State is complying with 
Article 6 (3) of Directive 76/464/EEC on the basis of 
Annex II to the present Directive and Annex IV to 
Directive 82/176/EEC. 
The authorizations shall be reviewed at least every 
four years. 
4. Without prejudice to their obligations arising 
out of paragraphs 1, 2 and 3 and the provisions of 
Directive 76/464/EEC, Member States may grant 
authorizations for new plants only if such author­
izations contain a reference to the standards 
corresponding to the best technical means available 
for preventing discharges of mercury. 
Whatever the method it adopts, any Member State 
where for technical reasons the intended measures do 
not eonform to the best technical means available 
shall provide the Commission, before any author­
ization, with the justifications for these reasons. 
Within three months, the Commission shall send a 
report to the Member States stating its opinion on the 
derogation covered by the second subparagraph. 
5. The reference method of analysis for 
determining the presence of mercury is given in 
Annex III. 1 to Directive 82/176/EEC. Other methods 
may be used provided that the limits of detection, 
precision and accuracy of such methods are at least as 
good as those laid down in Annex III. 1 to Directive 
82/176/EEC. The accuracy required in the 
measurement of effluent flow is given in Annex III.2 
to that Directive. 
Article 4 
1. The Member States shall draw up specific 
programmes for the gradual elimination of certain 
discharges of mercury into the public sewerage system 
by the sources mentioned in the second subparagraph. 
The specific programmes shall apply to effluents 
containing mercury which emanate from dental 
health establishments and analytical laboratories using 
mercury which are not covered by emission standards. 
These programmes shall include the appropriate 
measures to ensure that effluents containing mercury 
are separated from other types of effluent and 
purified in suitable treatment plants. 
2. The measures called for by the programmes 
referred to in paragraph 1 must be implemented with 
effect from 1 January 1988. 
25. 1.83 Official Journal of the European Communities No C 20/7 
Article 5 
The Member States concerned shall be responsible for 
monitoring the aquatic environment affected by 
industrial discharges. 
In the case of discharges affecting the waters of 
several Member States, the Member States concerned 
shall cooperate with a view to harmonizing 
monitoring procedures. 
Article 6 
1. From the information supplied to it by the 
Member States pursuant to Article 13 of Directive 
76/464/EEC, on receipt of a request which it must 
submit in each case, in particular concerning: 
— details of authorizations laying down emission 
standards with regard to discharges of mercury, 
— results of measurements made by the national 
network set up to determine concentrations of 
mercury, 
— the specific elimination programmes referred to in 
Article 4 (1), 
the Commission shall make a comparative assessment 
of the implementation of the present Directive by the 
Member States. 2. Every five years the Commission shall forward 
to the Council the comparative assessment referred to 
in paragraph 1. 
3. In the event of a change in scientific knowledge 
relating principally to the toxicity, persistence and 
accumulation of mercury in living organisms and 
sediments or in the event of an improvement in the 
best technical means available, the Commission shall 
submit appropriate proposals to the Council with the 
aim of reinforcing, if necessary, the limit values and 
the quality objectives. 
Article 7 
1. Member States shall bring into force the 
measures necessary to comply with this Directive 
before 1 January 1985. They shall forthwith inform 
the Commission thereof. 
2. Member States shall communicate to the 
Commission the text of the provisions of national law 
which they adopt in the field governed by this 
Directive. 
Article 8 
This Directive is addressed to the Member States. 
No C 20/8 Official Journal of the European Communities 25. 1.83 
ANNEX I 
Limit values, time limits by which they must be complied with, and monitoring procedure for 
discharges 
1. The limit values and the time limits for compliance for the sectors concerned are set out below: 
Sector 
1 
1. Chemical industries using 
mercury catalysts 
2. Manufacture of industrial 
catalysts which contain 
mercury 
3. Manufacture of organic and 
non-organic mercury com­
pounds (excepting products 
in Group 2 aSove) 
4. Manufacture of mercury 
batteries 
5. Non-ferrous metal industries 
5.1. Mercury recovery plants 
5.2. Extraction and refining of 
non-ferrous metals 
6. Plants for the treatment of 
toxic wastes 
7. Analytical laboratories using 
mercury reagents where the 
monthly rate of discharge of 
mercury is greater than 100 g Limit value which must be 
respected by stated date 
1 January 1985 
2 
10 
0-1 
8 
0-1 
0-2 
0-1 
0-1 
0-1 
0-1 
0-1 
0-1 
0-1 1 January 1988 
3 
5 
0-05 
5 
0-05 
0-1 
0-05 
0-05 
0-05 
0-05 
0-05 
0-05 
0-05 Unit of measurement 
4 
g/kg mercury used 
mg/1 effluent 
g/kg mercury processed 
mg/1 effluent 
g/kg mercury processed 
mg/1 effluent 
g/kg mercury processed 
mg/1 effluent 
mg/1 effluent 
mg/1 effluent 
mg/1 effluent 
mg/1 effluent 
The limit values given in the table correspond to a monthly average concentration or to a 
maximum monthly load. 
The amounts of mercury discharged are expressed as a function of the amount of mercury used 
or processed by the industrial establishment over the same period. 
2. The limit values expressed as maximum concentrations may not be greater than those expressed 
as maximum quantities divided by the water requirements per kg of mercury used or processed. 
However, because the concentration of mercury in effluents depends upon the volume of water 
involved — which is different for different processes and plants — the limit values expressed in 
terms of the quantity of mercury discharged in relation to the quantity of mercury used or 
processed given in the Table must be observed in all cases. 
3. The daily average limit values are twice the corresponding monthly average limit values given in 
the Table. 
25.1.83 Official Journal of the European Communities No C 20/9 
4. In order to check whether the discharges comply with the emission standards which have been 
fixed in accordance with the limit values laid down in this Annex, a monitoring procedure must 
be instituted. This procedure must provide for: 
— the taking each day of a sample representative of the discharge over a period of 24 hours and 
the measurement of the mercury concentration in that sample, and 
— the measurement of the total flow of the discharges over that period. 
The quantity of mercury discharged during a month must be calculated by adding together the 
quantities of mercury discharged each day during that month. This total must then be divided by 
the weight of mercury processed during that month. 
ANNEX II 
Quality objectives 
For those Member States which apply the exception provided for in Article 6 (3) of Directive 
76/464/EEC, the emission standards which Member States must establish and ensure are applied, 
pursuant to Article 5 of that Directive, shall be fixed so that the appropriate quality objective(s) 
from among those listed in Annex II to Directive 82/176/EEC is (are) complied with in the area 
affected by discharges of mercury emanating from the industries listed in Annex I to the present 
Directive. The competent authority shall determine the area affected in each case and shall select 
from among the quality objectives listed in Annex II. 1 to Directive 82/176/EEC the objective(s) 
that it deems appropriate having regard to the intended use of the area affected, taking account of 
the fact that the purpose of this Directive is to eliminate all pollution. 
The numerical values of the quality objectives specified in 1.2, 1.3 and 1.4 of Annex II to Directive 
82/176/EEC may, as an exception and where this is necessary for technical reasons, be multiplied 
by 1 -5 until 30 June 1988, provided that the Commission has been notified beforehand.