Proposal for a COUNCIL DIRECTIVE on procedures for harmonizing the programmes for the reduction and eventual elimination of pollution caused by caused by waste from the titanium dioxide industry
Date: 1991-11-18
Institutions: European Commission
Subjects: air quality, chemical industry, competition, industrial waste, oxide, pollution control measures

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) 

" i l i* 

#** 

- 2 -

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). 

- 3 -

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. 

3- Content of the proposal 

- 4 -

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 
annulled 
Directive 89/428/EEC. 

implementation 

timetable 

the 

and 

of 

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). 

-  5 -

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 
industrial 
waste 
establishments  using  the  chloride  process  to  certain  values  of 
total  chloride  per  tonne  of  titanium  dioxide  produced 
(Article 5b). 

neutralized 

existing 

from 

and 

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). 

- 6 -

- 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. 

-  7 -

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; 

titanium 

Whereas  Council  Directive  78/176/EEC of  20 February  1978 on waste  from 
industry6, 
the 
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; 

dioxide 

amended 

last 

as 

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. 

- 8 -

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. 

- 9 -

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. 

- 10 -

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. 

-  11 -

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. 

-  12 -

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. 

-  13 -

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 

a nd  n ot  m o re  than 40 mg/nm3  at any time. 
2. This Directive shall not prejudice Directive 80/779/EEC. 

5 mg/nm 

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. 

- 14 -

- 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. 

This Directive is addressed to the Member States. 

Article 12 

Done at Brussels, 

For the Commission 
The President 

-  15 -

ANNEX 

Procedure for monitoring the reference measurements 
for gaseous SO  emissions 

x 

For  the  purposes  of  calculating  the  quantities  of  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/s c >3  c o ntent  measured 
over  the  same  period.  The  S 02/S 03  f l ow  r a te  a nd  c o n t ent  must  be 
determined under the same temperature and humidity conditions. 

an(j  so 

ISSN 0254-1475 

COM(91) 358 final 

DOCUMENTS 

EN 

14 

Catalogue number : CB-CO-91-503-EN-C 

ISBN 92-77-77465-7 

Office for Official Publications of tiie European Communities 
Lr2985 Luxembourg