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COM (84) 175 
 
 
 
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européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983, 
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In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom  1. 
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COMMISSION OF THE EUROPEAN COMMUNITIES
COM (84) 175 final  
Brussels, 28 March 1984
Communication from the Commission to the Council  
and to the European Parliament
on the application by the Member States of Directive 78/176/EEC on  
waste from the titanium dioxide industry pursuant to Article 14
(1978-81)
C0M(84) 175 final

BACKGROUND
1 Introduction
On 20 February 1978 the Council adopted Directive 78/176/EEC on waste  
from the titanium dioxide industry (1). The Directive is designed to  
prevent, progressively reduce and finally eliminate the pollution caused  
by the waste arising in the titanium dioxide industry.
The various articles of the Directive provide in particular that :
- waste is disposed of without endangering human health and without  
harming the environment (Article 2);
- Member States shall take appropriate measures to encourage the pre­
vention, recycling and processing of waste, the extraction of raw  
materials, and any other process for the re-use of waste (Article 3);
- the discharge, dumping, storage, tipping and injection of waste are  
prohibited unless prior authorization is issued by the competent  
authority of the Member State in whose territory the waste is pro­
duced. Prior authorization must also be issued by the competent autho­
rity of the Member State
.  in whose territory the waste is discharged, stored, tipped or in­
jected;
.  from whose territory it is discharged or dumped (Article 4);
- any disposal of waste shall be accompanied by the monitoring of the  
waste and of the environment concerned having regard to its physical,  
chemical, biological and ecological aspects (Article 7).
(1) O.J. L 54, 25.2.1978.
____ /2

-  2 -
Pursuant to this last article, and on a proposal from the Commission, the  
Council adopted in December 1982 the proposal for a Directive on proce­
dures for the surveillance and monitoring of the environments concerned (1).
- The competent authority in the Member State concerned shall take all  
appropriate steps to remedy one of the situations specified in Article 8  
and, if necessary, shall require the suspension of discharge, dumping,  
storage, tipping or injection operations.
- Member States shall draw up programmes for the progressive reduction  
of pollution in respect of existing industrial establishments (2)
(Article 9 (D). The programmes shall also contain information on the  
state of the environment concerned, on measures for reducing pollution  
and on methods for treating waste directly arising from the manufactu­
ring processes (Article 9 (2)).
Pursuant to this Article, the Commission sent to the Council on  
18 April 1983 a proposal for a Directive on procedures for harmonizing  
the programmes for the reduction and ultimate elimination of pollution  
caused by waste from the titanium dioxide industry (3).
- New industrial establishments shall be subject to prior authorization  
by the Member States. Such authorizations must be preceded by environ­
mental impact surveys. They may be granted only to firms which give
an undertaking to use only such of the materials, processes and  
techniques available on the market as are least damaging to the en­
vironment (Article 11).
- Every three years, the Member States concerned, i.e. Belgium, France,  
Germany, Italy, the Netherlands and the United Kingdom shall prepare  
a report on the prevention and progressive reduction of pollution  
caused by waste from the titanium dioxide industry and forward it to  
the Commission, which communicates it to the other Member States  
(Article 14, first paragraph).
(1) O.J. L 378, 31.12.1982 (82/883/EEC).
(2) Establishments already set up at the date of notification  
of this Directive (Article 1(2) (d)).
(3) O.J. C 138, 26.5.1983, pp. 5-7.
___/3

- 3 -
Pursuant to this provision, the Commission arranged the information in  
comparable form and, having obtained the Member States' approval for the  
new version, sent them the report in June 1983;
- The Commission shall report every three years to the Council and to  
Parliament on the application of the Directive (Article 14, second  
paragraph).
This document fulfils the obligation in this provision.
2.- Purpose of the report
2.1. - The report summarizes achievements regarding the prevention and
reduction of pollution and appraises the means of controlling pollu­
tion employed by the Member States.
This is an initial report and represents one stage only in the prac­
tical application of the Directive. The present TiC^ production  
plants in the Community are "existing industrial establishments"  
within the meaning of the Directive. They will have to comply with  
whatever the Council decides regarding the Commission's proposal  
for a Directive on procedures for harmonizing the programmes for  
the reduction and eventual elimination of pollution (1).
To apply the decisions which are taken, waste-treatment facilities  
and even changes tu current TiC^ production methods will, in cer­
tain cases, have to be planned, financed and implemented.
2.2. - This report by the Commission is based on the information submitted
by the Member States pursuant to the first paragraph of Article 14.
The Commission would emphasize that little information was supplied  
by the Member States concerning certain categories of waste and the  
provision made or planned for reducing the pollution.
(1) O.J. C 138, 26.5.1983, pp. 5-7.
/ 4

- 4 -
Results relating to the prevention and progressive reduction  
of pollution
The results concerning the application of Directive 78/176/EEC are  
summarized by Member States concerned, each category of waste - liquid,  
gaseous and solid - being discussed as a whole.
3.1.“ Belgium
TiC^ is produced at two establishments, both of which use the  
sulphate process :  NL Chemicals, Ghent and NV BAYER, Antwerp.  
Production capacity if 40.000 tpy and 25.000 tpy respectively.
a) Liquid wastes
Strong acids, i.e. effluents with about 20 - 23 % sulphuric  
acid, are discharged into the North Sea without prior treat­
ment.
These effluents contain various metals, the average annual con­
tent of which between 1978 and 1980 was as follows :  Fe, 5 400 t;  
Mg, 1 500 t; Ti, 680 t; Cr, 52 t; and Mn, 80 t. However, the  
effluents are subject to a licensing procedure which lays down  
the discharge zones, disposal arrangements and related checks  
in order to reduce the environmental impact of such wastes.
The annual discharge in both 1979 and 1981 was about 620 000 t,  
as compared with about 495 000 t in 1980. At one of the estab­
lishments, about 20 % of the strong acids are reused in pro­
duction, while the weak-acid effluent is discharged into either  
the Ghent-Terneuzen Canal of the Scheldt. At one of the plants,  
the effluent has been neutralized and decanted before discharge  
since 1978.
/5

- 5 -
b) Solid wastes
Only one industrial establishment stores insoluble résidus on  
land after suitable treatment.
Given the ore used and the process, tittle or no copperas should  
result.
c) Gaseous wastes
The results of the measures taken indicate that emissions are  
below the limits set by the Belgian authorities.
d) Conclusion
On the basis of the information supplied, the Commission finds  
that Belgium has implemented the Directive only in part,i.e.  
as regards solid wastes and weak-acid effluent.
The Commission is pleased to note that one establishment is  
recycling a certain percentage of its strong acids in order to  
reduce discharges, but very much regrets that this technology  
is not used at the other establishment.
Finally, the Commission would point out that the Court of Justice  
of the European Communities delivered a judgment (1) on 2 February  
1982, the operative part of which is as follows :  ·
"By not adopting within the prescribed period the provisions  
necessary to comply with Council Directive /8/176/EEC of  
20 February 1978 on waste from the titanium dioxide industry  
O.J. n° L 54, of 25 February 1978, p. 19), the Kingdom of  
Belgium has failed to fulfil its obligations under the EEC  
Treaty."
(1) O.J. n° C 75, 26.3.1982  
(Case 68/81).
.  /6

-  6 -
3.2.- FederaL_RegubL|c_of_6erman2
Annual production capacity is about 310 000 tonnes (1980). It is 
spread over four production units using the sulphate process 
(B A Y E R  I at Krefeld-Uerdingen, Kronos Titan I at Leverkusen and 
Nordernham, and Sachtleben Chemie at Duisburg) and over two units 
using the chloride process (Bayer II at Krefeld-Uerdingen and Kronos 
Titan II at Leverkusen).
a) Liquid wastes
The quantity of acid effluent discharged at sea after prior 
authorization fe ll from 1  800 000 t in 1978 to 1  640 000 t in 
1981. The actual liquid quantity is in fact somewhat lower, since 
these figures include the insoluble residues and the copperas 
from the Kronos Titan establishment at Nordernham.
b) Solid wastes
The action carried out between 1978 and 1981 consisted of the 
to ta l recovery of the copperas from the Kronos Titan plant at 
Leverkusen and the p a rtia l reduction of the amount discharged 
into the aquatic environment from the sam e company's plant at 
Nordernham.
For the sam e period, the quantity of copperas discharged after 
authorization f e ll from 150 000 to 110 000 tpy, with an equi­
valent rise in the quantity recycled.
The Germ an authorities believe that discharges of this waste 
can be completely eliminated during 1984.
The insoluble ta ilin g s from the Kronos-Titan plant at Nordern­
ham, which are currently discharged into the aquatic environ­
ment, w ill have to be treated so that they can be stored on dry 
land.
(1) "Copperas" is the com m on nam e for heptahydrate ferrous 
sulphate (FeSO ^ 7H.,0) resulting from the reduction and 
crysta lliza tio n  of the solutions for attacking the ilmenite.
...π

-  7 -
c) Gaseous wastes
The o v e ra ll annual load of S C > 2 was reduced by about 840 tonnes 
of sulphur e quivalent.
d) Conclusion
As regards s o lid  wastes (copperas and inso lub le  residues), the 
Federal Republic of Germany has taken appropriate measures, in 
accordance with A rtic le  3 of the D ire c tiv e , fo r encouraging the 
prevention, re cyclin g  and conversion of th is  type of waste.
However, the q u a n tity  of liq u id  waste discharged to sea remains 
considerable. One must be th a n k fu l, th e re fo re , tha t in  order to 
solve th is  problem as q u ic k ly  as p o ssib le , the German a u th o ritie s  
have tightened up the o b lig a tio n s  in  respect of discharges and, 
together with in d u s try , are fin an cin g  R & D  p ro je cts fo r the re­
use of weak-acid e fflu e n t.
As regards measures taken to  reduce p o llu tio n  re s u ltin g  from 
the ch lo rid e  process, the Commission cannot express an opinion, 
as i t  has no d e ta ile d  in form a tion .
3 .3 .- France
In France, Titanium dioxide is  produced at the fo llo w in g  three 
establishments :
TH A N N  et MULHOUSE's plants at Thann and Le Havre and the TIOXYDE 
establishment at C alais. A ll three use the sulphate process, and 
th e ir respective production capa citie s are 24.000, 80 000 and 
65 000 tp y.
_ _ _/8

-  8 -
a) Liquid wastes
The tota l quantity of wastes discharged into the aquatic environ­
ment during 1979 and 1980 f e ll by about 25.2 % , the reduction in 
the separate categories being approximately :
- 22.2 %in respect of undissotved raw materials,
- 53.6 %in respect of ferrous sulphate (as FeSO^), and
- 23.7 %in respect of strong acid (concentrated; as S0^).
Reservoirs have been installed to store the liquid effluent 
when optimum conditions for diffusion or discharge at sea are 
not present.
b) Solid wastes
The wastes resulting from attacking the ore (insoluble residues) 
and from neutralizing (a) the acid effluent (at the T H A N N  et 
M U L H O U S E  plant at Thann) and (b) the copperas are stored on 
dry land in suitable ponds so as to avoid any pollution of 
undergroupnd or surplus waters.
The use of slag (ore with a  high TiO^ concentration) as the 
raw material has m ade it  possible to reduce discharges of copperas 
in p articular. Finally, there has been an expansion in the re­
covery of this waste in the form of ferrous sulphate or chloro- 
sulphate.
c) Gaseous waste
The in sta lla tio n  of specific gas-scrubbing equipment at the 
various production stages has m ade it  possible to reduce pollu­
tion from such wastes sig n ifica n tly. Recent installations have 
been equipped with high stacks to ensure better diffusion of 
the gases produced.
_ _ _ /9

-  9 -
d) Cone Lusi on
The French a u th o ritie s  have taken su ita b le  steps to implement 
A rtic le  3 of the D ire c tiv e , e sp e cia lly as regards s o lid  wastes 
( u tiliz a tio n  of enriched TiO^ ore, storage of insoluble residues, 
increased recovery -  and reduced discharge -  of copperas).
As regards liq u id  wastes, there has been a decline in the quan­
t i t y  discharged in to  the aquatic environment, but despite every­
th in g  the concentration of sulphate is  s t i l l  high, even though 
there has been some progress here too.
The Commission hopes, tha t as a re s u lt of the studies at present 
being ca rrie d  out in the various fie ld s , i t  w ill be possible to 
improve the production process and reduce p o llu tio n  from liq u id  
and gaseous discharges.
The Commission has noted tha t a ll the liq u id  wastes from one 
establishment are completely n e u tra lize d  before being discharged 
in to  the aquatic environment and that a ll s o lid  wastes a re stored 
on appropriate prepared s ite s .
3 .4 .- Ita].^
At the date of n o tific a tio n  of the D ire c tiv e , tita n iu m  dioxide 
was produced by S P A MONTEDISON at Spinetta Marengo and S P A SIBIT 
at S carlino (respective production capacities : 42 000 and 54 000 
tp y ). From August 1979 production at the Spinetta Marengo plant 
was suspended. I t  is  not planned at the moment to bring th is  -  
establishment back on stream.
a) Liquid wastes
The treatment of acid e fflu e n t with calcium carbonate and lime 
and the dumping at sea, below the euphotic zone, of the mud 
re s u ltin g  from n e u tra liz a tio n  are being continued. As regards 
the surplus q u a n titie s  which cannot be dumped, the s p e c ific  
techniques re la tin g  to the s u ita b le  treatment of the sludges 
with a  view to sto rin g  them on dry land have been f u lly  deve­
loped.
_ _ _ 710

-  10  -
b) Solid wastes
The use of a ric h e r TiC > 2 basic ore since the spring of 1980 has 
meant th a t copperas is  no longer obtained as a by-product. The 
e x is tin g  copperas, which was stored in a su ita b le  pond before 
the new ore was introduced, is  gradually being recycled. The 
inso lub le  residues are also being stored on the ground.
c) Gaseous wastes
Gases and dusts which are lik e ly  to p o llu te  are s u ita b ly  
scrubbed ( i. e .  gases from the o re -d ige stio n  towers, the c a lc i­
nation furnaces and the reactors fo r n e u tra liz in g  the acid 
e fflu e n t) . A  sensing network has been set up over a wide area, 
so th a t the contents of nitrogen oxides, sulphur and suspended 
p a rtic u la te s  in the escaping gases can be evaluated.
d) Conclusion
The Commission is  glad to  learn tha t the Ita lia n  a u th o ritie s  
have taken measures applying the D ire c tiv e , e sp e cia lly as re­
gards s o lid  wastes (copperas and in so lub le  residues).
The Commission has noted th a t, in order to reduce the noxious­
ness of and the p o llu tio n  caused by Liquid wastes, the Ita lia n  
a u th o ritie s  have opted fo r n e u tra liz a tio n  rather than re cyclin g .
The inform ation so fa r a va ila b le  would seem to in d ica te  th a t 
the wastes are disposed of w ithout harming the environment.
../11

-  11  -
3 .5 .- The_Nether lands
There is only one establishment in the Netherlands and tha t uses 
the sulphate process : T O F  TIOFINE BV, Rotterdam, w ith a production 
capacity of about 35 000 tp y.
a) Liquid wastes
In 1979 the competent a u th o ritie s  authorized TIOFINE to d is ­
charge its  e fflu e n t in to  the Nieuwe Waterweg, with the provison 
th a t i t  should cease such discharges w ith in  two years of the 
a u th o riza tio n  coming in to  e ffe c t. The underlying idea is  th a t, 
to stop the discharges, the company must e ith e r tre a t the re c i­
pient medium containing the sulphuric acid released or convert 
to  another manufacturing process.
TIOFINE has appealed against the a uth o riza tio n  d ecision.
b) S olid wastes
The use of a ric h e r TiO^ ore (approxim ately 78 % ) in  a few 
years' time w ill make i t  possible to reduce the q ua n tity of 
ferrous waste by about 25 % .
c) Gaseous wastes
Between 1978 and 1981 the establishment concentrated on a ir -  
p o llu tio n  problems.
The methods of scrubbing the c a lc in a tio n  gases have been improved. 
The to ta l emission of sulphuric acid has been reduced to below 
50 %  of the maximum threshold value allowed (5 kg H^SO^/h).
Studies are being ca rrie d  out with a view to improving the 
scrubbing of the gases produced in the o re -d ige stio n  towers.
.  /12

-  12  -
d) Cone Lusion
The Dutch a u th o ritie s  have taken measures to  reduce the p o llu ­
tio n  caused in  p a rtic u la r by the discharge of liq u id  e fflu e n ts . 
However, i t  has not been possible to apply such measures, as 
TIOFINE has appealed to  the Crown against the a u th o riza tio n  
d ecision.
Moreover, as l i t t l e  inform ation regarding the various types of 
discharge and the state of the environments concerned has been 
subm itted, the Commission cannot express an opinion on the imple­
mentation of the Council D ire c tiv e .
3 .6 .- United Kingdom
At 20 February 1978 (the date when the D ire ctive  was adopted), 
there were four production u n its in the United Kingdom, namely .
- BTP TIOXYDE at B illingham  and Grimsby with respective production 
capacities of 30 000 and 100 000 tpy (sulphate process in  both 
cases);
-  BTP TIOXYDE at Greatham, w ith a production capacity of 50 000 tpy 
(ch lo rid e  process);
-  LAPORTE In d u strie s at S tallingborough, with a production capacity 
of 94 000 tpy (both processes).
These plants are situ a te d  near riv e rs  flo w in g  in to  the North Sea 
(the Tees and the Humber).
W hen the United Kingdom submitted it s  programmes fo r reducing 
p o llu tio n  in Ju ly 1980 and January 1981, the s itu a tio n  with regard 
to the three kinds of waste was as follo w s :
. /13

- 13 -
a) Liquid wastes
- The Billingham plant, which operates the sulphate process, 
w as capable of discharging a  m axim um  of 14 000 m ^  per day 
into the aquatic environment. These discharges contained about 
200 tonnes of 100 %  H^SO^, 2 1  tonnes of insoluble residues 
(dry matter) and 38 tonnes of dissolved ferrous sulphate. In 
1980 this plant w as closed and its  production capacity trans­
ferred to the Greatham plant, which uses the chloride process.
- The Greatham establishment used to discharge about 5  000 m " ^  
per day with a  m ean concentration of suspended matter of 
0.2 g /l, about 95 %  of which w as titanium dioxide.
- The effluent from the Grimsby plant (sulphate process) w as 
discharged continously into the aquatic environment subject
3
to an authorized m axim um  of 25 000 m  per day. The average 
composition of the effluent w as as follows : 25 g /l acid ex­
pressed as free H^SO^, 3 g /l suspended matter and 8.5 g /l iron.
- The effluent from the Stallingborough plant (both processes) 
w as mixed with other industrial effluents before being dis­
charged into the aquatic environment. The quantity of effluent 
from the titanium dioxide production unit w as about 38 000 m ^  
per day. The to ta l effluent discharged w as composed as 
follows : 1 1  g /l acide expressed as free H^SO^, 2  g /l sus­
pended matter and 4.175 g /l iron.
The sulphate unit at S ta llingborough has been p a rtia lly  
closed and its  production capacity transferred to the 
chloride unit on the sam e site .
___/14

-  14 -
b) Solid wastes
A  small q u a n tity of in e rt and non-toxic wastes produced by the 
Greatham plant (ch lo rid e  process) is  stored on the ground.
No inform ation has been supplied regarding the ch lo rid e  u n it at 
St a11ingborough nor on what has happened to  the inso lub le  resi 
dues and the copperas from the sulphate process. O n the basis 
of the inform ation in paragraph (a ), the Commission is in clin e d  
to conclude tha t these wastes are discharged in to  the aquatic 
environment once they have been mixed.
c) Gaseous wastes
A ll discharges to the atmosphere from these in d u s tria l estab­
lishments are w ith in  the presumptive lim its  set by the U K  
a u th o ritie s .
d) Remarks
The U K  a u th o ritie s  have submitted no inform ation regarding the 
q ua n tity of the various wastes o f the new production capacities 
(A rtic le s  1(2)(e) and 11) fo llo w in g  the p a r tia l closure of one 
u n it at Stallingborough and the to ta l closure of the Billingham  
plant with the attendant change-over in production from the 
sulphate to the ch lo rid e  process.
e) Conclusion
The Commission has noted tha t the to ta l closure of one sulphate 
process plant and the p a r tia l closure of another, w ith the tra n s­
fe r of th e ir production capacity to other in s ta lla tio n s .
The Commission is  pleased to  report tha t th is  production has 
been s h ifte d  to plants which use the less p o llu tin g  ch lo rid e  
process and tha t work has been s ta rte d , notably at Greatham,
./15

-  15 -
on improving f ilt r a t io n  and decantation of the e fflu e n t and per­
fe c tin g  a c a ta ly tic  process which w ilt make i t  possible to stop 
discharging sodium hypochlorite (c a ta ly tic  process fo r the de­
composition of sodium hypochlorite in to  sodium c h lo rid e ). The 
Commission regrets tha t inso lub le  residues and copperas have 
not been recycled to a greater e xte n t, and hopes th a t the pro­
jected measures in  the reduction programmes under study w ill 
make the progressive reduction of these discharges possible, 
e sp e cia lly where a cid ic liq u id  waste is  concerned.
As regards the measures taken to reduce p o llu tio n  from the 
ch lo rid e  process, the Commission cannot express an opinion, 
fo r lack of in form a tion .
4 .- Opinion of the Commission
4 .1 .- The Commission is  happy to report tha t the m a jo rity of the Member 
States concerned have endeavoured to  apply Council D ire ctive  
78/176/EEC.
a) As regards the a cid ic liq u id  wastes a ris in g  in p a rtic u la r from 
the sulphate process, measures have been taken in  c e rta in  Member 
States to reduce the impact of such discharges on the aquatic 
environment, although the to ta l q u a n tity of such wastes has not 
been reduced (co n structio n  of re s e rv o irs fo r sto rin g  acid e fflu e n t, 
re g ula tio n  of discharges to s u it tid a l co n d itio n s, increasing 
the Length of discharge pipes, a d d itio n a l use of d iffu s e rs ).
So tha t the p o llu tio n  from the sulphate process can be pro­
g re ssive ly reduced, the Commission hopes tha t the studies being 
ca rrie d  out in  the Member States (e.g. on the r e u tiliz a tio n  of 
strong acids and the use of low-concentration sulphuric acid) 
w ill make i t  possible to fin d  a s a tis fa c to ry  so lu tio n  from both 
the tech n ica l and the economic view points, and tha t in d u s tria l 
a p p lica tio n s w ill ra p id ly  m a te ria liz e .
. /16

-  16 -
b) As regards s o lid  wastes,there has been a reduction in the d is ­
charge of copperas and inso lub le  residues in to  the aquatic 
environment. In the case of copperas, such a reduction has 
generally been the re su lt of using a rich e r TiO-, ore.
c) Gaseous wastes are generally speaking lower, or comply with 
national lim it values. The la tte r  do not always seem to be 
id e n tic a l.
4 .2 . -  The Commission regrets tha t the reports on the prevention and
progressive reduction of p o llu tio n  drawn up by the Member States 
pursuant to the f i r s t  paragraph of A rtic le  14 of the D ire ctive  are 
not always exhaustive as regards the d iffe re n t types of waste, and 
tha t sometimes e ssential points have not been covered; i f  they 
had been, the Commission could have drawn more d e ta ile d  conclusions.
The Commission would point out tha t l i t t l e  or no inform ation on 
the ch lo rid e  process was supplied in  the re p orts.
F in a lly , i t  should be noted tha t various approaches have been 
adopted by the Member States in respect of the discharge of 
liq u id  wastes in to  the aquatic environment : re c y c lin g , n e u tra li­
zation and c o n tro lle d  discharge in to  the aquatic environment 
without p rio r treatm ent.
4 .3 . -  In view of the experience acquired in th is  p a rtic u la r f ie ld ,  the
Commission intends to draw up a  questionnaire fo r the second re­
p o rt, the answers to which w ill enable the Commission to report 
more f u lly  to the Council and to  Parliament on the a p p lica tio n  of 
th is  D ire ctive  by the Member States.