CELEX: 51981PC0056
Language: en
Date: 1981-02-12
Title: Proposal for a COUNCIL DIRECTIVE concerning the limit values for discharges of cadmium into the aquatic environment and quality objectives for cadmium in the aquatic environment (submitted to the council by the commission)

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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                     COM(81)56 final
                                                     Brussels , 12 February 1981
                              Proposal for a
                             COUNCIL DIRECTIVE
 concerning the Limit values for discharges of cadmium into the aquatic
 environment and quality objectives for cadmium in the aquatic environment
              ( submitted to the C o u             mission )
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C0MC81 ) 56 final
 ---pagebreak--- PROPOSAL FOR A COUNCIL DIRECTIVE CONCERNING THE LIMIT VALUES APPLICABLE
TO DISCHARGES OP CAIMIUM INTO THE AQUATIC ENVIRONMENT AND QUALITY OBJECTIVES
                     FOR CAMIUM IN THE AQUATIC ENVIRONMENT
                          Explanatory memorandum
INTRODUCTION
In adopting on 4 May 1976 & Directive on pollution caused by certain
dangerous substances discharged into the aquatic environment of the
Community ( 76/464/EEC ) ( l ) the Council identified a need to eliminate
pollution caused by the dangerous substances included in List I of the
Annex to that Directive .                                             : ,
The Directive requires the competent authorities in the Member States to
set emission standards for discharges liable to contain List I substances „
It stated that "The Council , acting on a proposal from the Commission,
shall lay down the limit values which the emission standards must not
exceed for the various dangerous substances included in the families and
groups of substances within List I ".
The Directive also provided , as an exception ,for emission standards for
List I substances to be based on quality objectives . These quality ob- •
jectives are either to be those laid down by the Council , acting on a
proposal from the Commission , or more severe Community quality objectives .
Proposals for directives concerning mercury ( 2) and aldrin, dieldrin and
endrin ( 3) have already been made to the Council. These substances were
selected by a meeting of national experts held on 14 June 1976 . The meetings
also selected cadmium as one of the first set of dangerous substances to
be studied . This present proposal for a directive completes the set which
follows from this meeting of national experts .
In preparing this proposal for a directive the Commission has been advised
by further meetings of national experts , by consultants and individual
experts ,and by the Ecotoxicology Section of the Commission's Scientific
Advisory Committee to examine the toxicity and ecotoxicity of chemical
compounds .
THE PURPOSE OP THE DIRECTIVE
The purpose of the directive is "to eliminate pollution caused by discharges
containing cadmium (*), an element which is objectionable in the environment
by reason of its toxicity , persistence and bioaccumulation . Being a chemical
element , cadmium cannot be destroyed by any chemical means . Once cadmium has
been introduced into the environment it will almost certainly stay there .
( 1) OJ No L 129 - 18.5.1976 - p.23
( 2) OJ No C 169 - 6.7.1979 - P. 2 and 6
( 3 ) OJ No C 146 - 12.6.1979 - p . 5 and 9
(*) Directive 76/464/EEC refers to cadmium and its compounds . The toxicity
        of cadmium compounds is related to their content of cadmium and for this
        reason no distinction is mada between the various chemical forms in which
      - cadmium might be present .
 ---pagebreak---                                      - 2 -
     The directive will apply to all industrial discharges except for those
     from the manufacture of phosphoric acid from phosphate rock, for which it
     is not practicable to set limit values . It will apply to all the waters
     referred to i*1 Directive 76/464/EEC except for groundwater , which is /the
     subject of another Directive ( l ).
     Direct discharges liable to contain cadmium will have to meet emission
     standards complying with the limit values set in the directive . These limit
     values are set primarily on the basis of the toxicity , persistence and bio-
     accumulation of cadmium and take account of best technical methods .
     As an exception to setting emission standards in accordance with the limit
     valueB given in this proposal for a directive , the emission standards may
     be set in relation to quality objectives . The proposal for a directive
     provides two sets of quality objectives , one for fresh water and the other
     for salt water . These objectives have been set on the basis of protecting
     the environment and human health .
     The limit values proposed for 1 January 1983 and 1 January 1986 are in
     accord with the present state of technology . However , it is considered
     likely that improved methods of removing cadmium from discharges will be
     developed in the future . To take advantage of these improvements it is
     proposed that emission standards for new plants must be set in accordance
     with the best available technical means in addition to respecting the
     other requirements of the directive . In this way the directive will become
     progressively stricter , in line with the need to eliminate pollution caused
     by discharges containing cadmium .
     The proposal for a directive also contains requirements for monitoring and
     surveillance and defines a reference method of analysis .
     Provision is made for the Member States to take the appropriate administrative
     measures and to carry out the necessary monitoring and surveillance to ensure
     that the directive is being complied with . Provision is made in the parent
     directive for the Commission to receive information on the operation of the
     directive , and to make reports to the Council .
     The proposed directive contains provisions for the Member States to supply
     information to the Commission and for the Commission to make reports to
     the Council .
3 . COMMENTS ON THE PROPOSAL
3.1 . General
       Cadmium iB not known to be necessary to any living organism . On the other
       hand , it is known to be harmful to man and to a large number of aquatic
       species . It is therefore desirable to keep the amounts of cadmium present
( 1 ) OJ L 20 - 26.1.1980 - p. 43
 ---pagebreak---       in the environment to the lowest possible levels . The . purpose of this
     directive is to control discharges of cadmium to the aquatic environment
     so as to reduce and eliminate pollution from this source .
                                                      ■
     The parent directive provides for the Council to set limit values for
     emission standards applicable to discharges liable to contain List I
     substances . This directive also provides , as an exception , that these
     emission standards may be set in relation to quality objectives established
     by the Council or more severe Community objectives .
2 <> Limit values for émission standards
     Hnission standards for cadmium in discharges must be set so as to comply
     with the limit values given in this directive . The limit values proposed
     call for a progressive reduction in the quantities of cadmium discharged
     to the aquatic environment .
     Two sets of limit values are proposed . The first , which is, to come into
     operation on 1 January 1983 , is based upon existing good practice . The
     second set of limit values is based upon the best technical means at
     present available ; these limits apply as from 1 January 1986 .
     These results have been derived from the advice of national experts and
     other experts , and from a report ( l ) prepared for the Commission by
     Dr. Rauhut . In this report it was noted that the precipitation of cadmium
     under alkaline conditions can give a residual concentration of 0.05 mg/l
     or less . However , in the presence of ammonia , which reacts with cadmium ,
     or in solutions of relatively high ionic strength the precipitation is
     less efficient and residual concentrations of up to about 0.5 mg/l
     cadmium were found . The author noted that the residual concentration of
     cadmium to be found in any particular industrial discharge would depend
     upon numerous factors .
     Precipitation under alkaline conditions is not the only way of removing
     cadmium from effluents . Other processes , such as ion exchange or
     precipitation as cadmium sulphide , can produce lower residual concentrations
     of cadmium . At present such processes have not been developed to the point
     where their general use is technically and economically feasible . However ,
     the Commission will keep the position under review and , if appropriate ,
     will make further proposals .
     In some cases the limit values relate only to the maximum concentrations
     of cadmium permissible in the discharge . In other cases they relate both
     to the maximum concentration of cadmium in the discharge and to the
     maximum weight of cadmium that may be discharged in proportion to the
     amount of cadmium handled at the plant in question . Where both such
     limit values are specified , it is for the competent authority of the
     Member State concerned to apply the stricter       limit in individual cases .
( l ) A. Rauhut , Methods and costs of preventing cadmium emissions ,
     ENV . 298/78 , Part IV
 ---pagebreak---                                       - 4 -
  Different limit values are set according to the industry concerned . In the
  cases of zinc mining , lead and zinc refining , the non-ferrous metal industry
  and 'other industries' the limit values proposed relate only to concentration .
  In the first three cases it is not possible , for technical reasons , to
 propose limit values in relation to the quantity of cadmium handled ; in
 the case of 'other industries' there is no reasonable basis for setting a
  single limit value .
 The limit values proposed relate to the use of cadmium or substances
 containing cadmium . In the case where the-' discharge which is sampled and
 analysed contains contributions from processes other than those involving
 the use of cadmium or substances containing cadmium the limit value is
 reduced to take account of this dilution , in accordance with Article 5 ( l )
 of the parent directive . In this way the intention of the directive , to
 reduce pollution of the aquatic environment by cadmium , is upheld ; it
 will not be open to a discharger to comply with the limit value merely
 by diluting a cadmium-containing discharge with other matter . ,
 Cadmium is objectionable in the environment by reason of its toxicity ,
 persistence and bioaccumulation . Application of the limit values proposed ,
 or the quality objectives described subsequently ( Section 3«3 ), should
 ensure that the concentrations of cadmium in the environment never approach
 the toxicity threshold . The harm caused by cadmium 's persistence and bio-
 accumulation is a long-term effect , and short-term fluctuations in the
 quantities of cadmium are not very important . It is for this reason that
 the limit values relate either to a monthly load of cadmium or to a
 flow-weighted monthly average concentration and that daily values of up to
 twice the monthly values can be accepted .
 The limit values apply equally to discharges to sewers . Depending on the
 purification processes used part or all of the cadmium in sewage will be
 discharged to waters specified in the proposal . Any cadmium not discharged
 this way will remain in the sewage sludge . The usual methods of disposing
 of sewage sludge are putting in on to land , incineration or dumping at
 sea . Thus , any cadmium discharged to sewers will either be directly dis­
 charged to the waters specified in this proposal o^ will be disposed of
 in a way that might lead indirectly to pollution of these waters .
 It is necessary to control discharges to sewers . If this were not done the
 provisions of the directive could be circumvented by making discharges to
 sewers rather than to controlled waters . The limit values proposed for
 discharges to sewers are the same as those for discharges to waters specified
 in this proposal . This is reasonable because the same processes for the
 reduction of the cadmium content of effluents are applicable to discharges
 regardless of their destination .
 Article 5(2 ) of Directive 76/464/EEC provides that , for each authorization ,
 the competent authority of the Member State concerned may , if necessary ,
"impose more stringent emission standards than those resulting from the
 application of the limit values laid down by the Council pursuant to
 Article 6 of that directive , taking into account in particular the toxicity ,
 persistence and bioaccumulation of the substances concerned in the environ­
 ment into which it is discharged . The limit values contained in the proposal
 are therefore maximum values and , as necessary , more stringent values may
 be applied by the Member States .
 ---pagebreak---                                           - 5 -
. 3 . Quality objectives
       Council Directive 76/464/EEC allows for emission standards for substances
       within List I to be set in relation to quality objectives rather than
       limit values . The quality objectives are to be laid down principally
       on the basis of toxicity , persistence and accumulation of the substances
       in living organisms ; they are . to take account differences between salt
      water and fresh water .
      Pollution , as defined in the parent directive , includes inter alia
      hazards to human health . The dose-effect relationships for cadmium have
      been evaluated in a report prepared for the Commission ( l ). This report
      considers the various toxicological effects of cadmium . The acute
      lethal oral dose is estimated to be between 0.35          3«5 grams .
      However , the long-term effects of chronic exposure are insidious .
      The most sensitive organ is the kidney . Cadmium is accumulated and when
      the concentration reaches a value of the order 200-400 /ug/g wet weight
      signs of damage become evident .                           '      •
      The World Health Organization has proposed a provisional maximum
      tolerable weekly intake of 400-500 /ug per individual ( 2 ). Assuming
      a weekly intake of water of. 14 litres containing 5 /ug/l cadmium -
      the maximum concentration in surface water to be      'abstracted for
      drinking water according to Council Directive 75/440/EEC ( 3 ) - the
      contribution of cadmium from drinking water is 70^ug.
      However , fish and other aquatic organisms spend their lives in water ,
      and so are continuously exposed to the harmful effects of cadmium .
      The nature of these effects , which range from impaired growth to
      death , have been described by , Mr Alabaster in a study prepared for the
      Commission . ( 4 )»
      The Commission has considered the study prepared for it by Mr Alabaster ,
      the advice it has received from national experts and from the Exotoxicity
      Section of its Scientific Advisory Committee to examine the toxicity
      and ecotoxicity of chemical compounds.f and the comments made by national
      experts and other experts .
      The evidence , especially in the case of salt water , is not as complete'
      as might ideally have been desired . However , quality objectives proposed
      are in accord with the latest conclusive scientific data . •
      ( 1 ) Criteria ( Dose/effect Relationships ) for Cadmium , Commission of the *•
            European Communities , 1978 .
      ( 2 ) World Health Organization, Technical Report 505 , Evaluation of
            certain foord additives and contaminants ; mercury , lead and cadmium .
      ( 3 ) OJ L 194 , 25.7.1975 , P . 26
      ( 4) ENV/298/78 , Part V
 ---pagebreak---                                         - 6 -
3.3.1 . Fresh water
        Both the report prepared by Mr Alabaster and the EIFAC report on cadmium
          and fresh water fish ( l ) draw attention to the need for reliable
        field data from polluted and unpolluted rivers to reinforce the
        criteria put forward . However , the following points are clearly
        established :
        ( a) the toxicity of cadmium towards fish depends upon the pH and
              hardness of the water , and on the presence of other poisons .
        (b) The concentration of cadmium in fresh water not known to be
              polluted is usually between 0.01 and 0.5yug/l .
        ( c ) The concentration factor for cadmium in fish muscle is usually
              between 0.1 and 100 times .
        ( d) The criteria proposed by EIFAC as being suitable for salmonid
              fish are adequate to protect other aquatic life .
        The criteria proposed by EIFAC aire taken as the quality objective
        for fresh water .
        This proposal does not conflict with Council Directive 78/659/EEC ( 2 )
        on the quality of water for fish life , which does not refer specifically
        to cadmium .
        The proposal does not contain a numerical quality objective for
        water from which fish are taken for human consumption . This is
        because the available evidence does not allow universally applicable
        values to be put forward . However , Member States are to apply more
        stringent quality objectives than those in the directive where
        this is necessary either for the protection of the health of
        consumers of fresh water fish or to protect other legitimate
        uses of the environment . In the case where a stretch of
        water has more than one use which is to be protected , the
        quality objective must be stringent enough to protect all
        those uses .
                              J
        ( l ) EIFAC Technical Paper No 30 , Food and Agriculture Organization of
              the United Nations , Rome , 1977
        ( 2) 0J No L 122 , 14.8.1978 - p. 1
 ---pagebreak---                                              -7    -
            The concentrations of cadmium proposed are within the requirements of
            Council Directive 75/440/EEC ( l ) f which relates to the quality of surface
            water to be abstracted for drinking water . In this respect the quality-
            objective proposed also protects human health .
3.3.2 . Sait water
            The cadmium content of most sea waters is of the order of 0.1 /ug/ l al­
            though higher values , up to about 1 /ug/l , have been reported 'for sea
            water not thought to be polluted. 'Cadmium concentrations of 1 /ug/l are
            considered to have no harmful long-term effects , and a quality 'objective
            of 1 /Ug/l is proposed . As an exception,' it is proposed that where the
            natural concentration of cadmium makes it impossible to achieve' this
            quality objective , a concentration of 1 /ug/l higher than that in an
            adjacent area of unpolluted salt water will be taken as the quality
            objective .
                                                 /                        •
            This quality objective will protect all marine life , including shell­
            fish . However , it is known that shellfish are capable of concentrating
            relatively large quantities of cadmium within their flesh . Consumption
            of such fish , even those - taken from "unpolluted" water , might present
            a threat to human health . Article 3.3. of Council Directive 79/923/EEC(2)
            states that for "metals ", which includes cadmium , the emission standards
            laid down pursuant to Council Directive 76/464/EEC shall be applied at
            the same time as the quality objectives and other obligations arising
            from directive 79/9 23/ EEC .
            Alabaster reports that "The relationships between aqueous concentration
            of cadmium and concentration of tissues is not well established , even
            for the common edible species ". It is therefore considered that the
            available evidence does not allow universally applicable values to be
            put forward for a quality objective for water frofi which edible fish
            were taken® However Member States are to apply more stringent quality
            objectives than those in the directive where this is necessary either
            for the protection of the health of consumers of sea-fish or to protect
            other legitimate uses of the environment . In the case where a stretch
            of water has more than one use which is to be protected , the quality
            objective must be stringent enough to protect all those uses .
   «.               '                          •              "
3.3.3 . Sediments and mol_lus£s              _                                  .
            There is a need to ensure that there is no long-term build-up of cadmium
            in the aquatic environment . Both sediments and molluscs concentrate
            cadmium from surrounding water , and analysis of them will provide an
            indication of changes in water quality.
            The choice between analysing sediment or a characteristic mollusc is left
            to the competent authorities in the Member States , and is to be made
            according to local circumstances .
            The requirement that the cadmium content of sediments or of a characteris­
            tic mollusc must not increase significantly with time applies to fresh
            water and to salt water .
      ( 1 ) OJ No L 194 - 27.7.1975 - p. 26
      ( 2 ) OJ No L 281 - 10.11.1979 - P. 47
 ---pagebreak---                                         - 8 -
3.3.4 . Timetable for cpalit^ objectives
         It is proposed -that the timetable for the application of quality ob­
         jectives will correspond, to that for limit values .
         However , in the case of new or changed discharges which comply with
         the other quality objectives in this proposal there might well still be
         a build-up of cadmium in sediments and molluscs . This would reflect an
         increased , but still acceptable , cadmium concentration in the receiving
         water . It is for this reason that in the case of new or changed dis­
         charges two years is allowed before -the quality objectives for sediments
         and molluscs must be respected ,
3.3.5 . Other Community £ualitj£ £hje£tives
         Council Directive 76/464 /EEC allows Member States to set emission stan-*
         dards based on compliance with quality objectives laid down by the
         Council or more severe Community quality objectives . This proposal
         includes quality objectives , but there are other Council directives which
         relate to cadmium in waters designated for particular uses .
         Council Directive 75/440/EEC ( l ) sets a guide value of 1 /ug/l for
         cadmium in surface water intended for abstraction of drinking water .
         This is similar to the valu^ in this proposal for fresh water .
         Council directives 79/923/EEC ( 2 ) and 7 6/160 /EEC ( 3 ) refer respectively
         to cadmium in the flesh of shellfish and in bathing water1 but lay down
         no numerical values . However , Article 3(3 ) of directive 79/923/EEC
         makes it clear that emission standards for "metals ", including cadmium ,
          laid down pursuant to Council Directive 76/464 /EEC , should be applied
          at the same time as the quality objectives in that directive .
3„4 . Monitoring procédure
       The proposal contains a monitoring procedure in connection with the ap­
       plication of quality objectives . For technical reasons it is likely that
       the detailed procedures to be adopted in individual cases will be very
       different , and the monitoring procedure is given in outline form .
       In accordance with Article 6 ( 3 ) of Council directive 76/464 /EEC Member
       States choosing to set emission standards according to quality objectives
       must prove to the Commission that the quality objectives are being met
       and continuously maintained . This proof must be in accordance with the
       monitoring procedure set up by the Council .
       The same article requires the Commission to report to the Council the
       instances where the quality objective * method has been used . It is also
       provides for the Council to review such cases every five years , on 'the
       basis of a Commission proposal . There will thus be adequate opportunity
       to consider , in the light of experience , whether a more specific monitoring
       procedure should be laid down at a later date .
 ( 1 ) OJ No L 194 -  25.7.1975 - P. 26
 ( 2 ) OJ No L 281 -  10.11.1979 - P.47
 ( 3 ) OJ No L   31 - 5.2.1976 - p.l
 ---pagebreak---                                         -9-
 3.5 • Review of authorizations -
        The proposal provides for authorizations to be reviewed at least once
        every four years . This is in conformity with Article 3(4 ) of Council
       directive 76/464/EEC , which lays down that authorizations may be granted
       for a limited period only .
                                      \     .        •                     -
       It is necessary that all authorizations should "be examined from time to
       time so as to ensure that they are still suitable . The frequency at which
       these re-examinations need to be made will vary from case to case ^ but it
       is considered that once every four years is the minimum frequency consistent
       with the objectives of the proposed directive .
3.6 . New plant
       The proposal requires that emission standards for discharges from new
       plant shall be set in relation to best technical means of removing              "
        cadmium from effluents . This is in addition to conforming with, the
        limit values or being consistent with the quality objectives 'laid down
        in the directive .
       In this way the requirements of the directive will become progressively
       stricter , in line with the intention to reduce pollution by cadmium .
3.7 . Reference method of analysis
       It is necessary to propose a reference method of analysis , and atomic
       absorption spectrophotometry was selected as being suitable and widely
       used . However , other methods of equivalent performance may be used .
       The values proposed for accuracy , precision and limit of detection have
       been selected on the basis of what is necessary to ensure that the limit
       values and quality objectives are being observed . It is accepted that in
       some cases the analyses will need to include a pre-poncentrat ion step .
       In the cases of the quality objectives applying to fresh and salt water ,    >.
       but not to sediments - and characteristic molluscs , filtration through a -
       0«45 micron filter is permitted . These analyses will therefore measure
       the " soluble " cadmium . This is in accordance with the toxic effects of
       cadmium , which are only manifested by cadmium in solution ,              -x -
       This dispensation does not apply in other cases , where it is the total
       quantity of cadmium present which is significant .
       The reference method does not distinguish between the various chemical
       forms in which cadmium might be present in a sample . This is in accordance
      with the definition of cadmium given in the proposal and with the fact
      that the toxicity of cadmium compounds ia related to their cadmium content .
3.8 . Phosphate rock
      Phosphate rock is the principal raw material from which phosphoric acid is
      manufactured in the Community . The phosphate rock contains cadmium and
      much of this remains in the phospho-gypsum which is produced as a by­
      product . At present there are no technically and economically feasible
      methods for removing cadmium ©ither from phosphate rock or from phospho­
      gypsum . The proposal therefore does not relate to cadmium discharged as
       a result of the manufacture of phosphoric acid from phosphate rock .
 ---pagebreak---                                        - 10 -
          However "the Services of the Commission are examining the ways in which
          discharges of cadmium from this industry might be controlled . Other
          countries are also concerned to limit the dissemination of cadmium from
         phosphate rook and it is hoped to benefit from their experience a A fur­
         ther proposal to the Council may be made in due course ,,
  3„9 „ Surveillance of areas affected by discharges
         The limit values for cadmium in discharges have been proposed according
         to the toxicity , persistence and bioaccumulation of cadmium and have taken
         into account the best technical means . It is intended that their application
         shall protect the quality of the receiving waters , and Member States are
         called upon to keep the zones affected by discharges under surveillance 0
         The form of the surveillance has been left to Member States to decide ,
         according to local circumstances , except in the cases where the quality
         objective approach is used . However , when the area affected includes
         waters in more than one Member State , then the States concerned are called
         upon to act in concert , and to inform the Commission of their action.
3ol0 . Reports to the Council
         Article 13 of the parent directive provides for the Member States to supply
         the Commission with , among other things , details of authorizations
          granted and the result of monitoring by the national network.
         The proposed directive requires the Commission to make a comparative
         assessment of the implementation of the directive . At least every five
         years the Commission must send this report to the Council . Where necessary
         the Commission must also submit proposals for further action to the
         Council .
         In this way both the Council and the Commission will be able to keep
         the operation of the directive under continual review .
3 * 11 * Pollution caused by indirect discharges
         Cadmium is a chemical element and so cannot be destroyed by any chemical
         means . Once cadmium has been introduced into the environment it will al­
         most certainly stay there ; the quantity    will not be reduced by any
      ,  process of biodegradation .
         There are very many chemical forms in which cadmium might exist in the
         environment . Some will be very soluble in water , others virtually inso­
         luble . However , all forms of cadmium are to greater or lesser degree
         mobile .
         It follows , for example , that cadmium discharged to the atmosphere will
         ultimately come to pollute water ,. Some will fall directly into water ,
         some may , be absorbed through the lungs of animals and ultimately be
         excreted in a soluble form or released in a soluble form    after the
         animal has died , some will fall on to -land and find its way into under­
         ground water or surface water or be taken up by plants . The cadmium
         taken up by plants will be returned ultimately to the environment , either
         directly when the plants die and decay or indirectly after they have
         been eaten .
 ---pagebreak---                                       - 11 -
     The principal control measures envisaged in this proposed directive
     relate to discharges of cadmium to the specified surface waters . These
    measures relate to liquid effluents arising during the operation of
    plants processing cadmium or materials containing cadmium . However , dis­
    charges of cadmium can arise in other ways . Cadmium may be discharged to
    the atmosphere with flue gases , or it may be dumped on to land as part
    of a solid waste . Much of this cadmium ultimately find its way into
    controlled waters .             ,
    Article 8 and 9 of Council directive 76/4M/EEC provide some protection
    against pollution arising from indirect discharges . The Commission is
    studying the matter of pollution arising from indirect discharges con­
    taining List I substances , and hopes to present appropriate proposals to
    the Council in due course . It is for this reason that the present proposal
    does not refer to indirect discharges .
4 . CONSULTATION OP PARLIAMENT AND OP THE ECONOMIC AND SOCIAL COMMITTEE
    As the proposal for the Directive is based on Article 6 of Directive ,
    76/464/SEC and . Article 235 of the Treaty , consultation of Parliament ,
    but not of the Economic and Social Committee , is required . However , the
    Commission considers , in view of the political importance' of the
    proposals , that they should be submitted to both these Institutions .
 ---pagebreak---                                            - 1 -
       Proposal for a Council Directive concerning the limit values for discharges
       of cadmium into the aquatic environment and quality objectives for cadmium
                                   in the aquatic environment
       THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
       Having regard to the Treaty establishing the Eiitopean Economic Community , and
       in particular Article 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 environ­
      ment of the Community ( 1 ) , and in particular Articles 3 , 6 and* 12 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 by certain dangerous substances , Article 3 of Directive 76/464/EEC
      provides for a system of .prior authorization laying down emission standards
      for discharges of the substances falling within List I contained in the
      Annex thereto ;
      Whereas cadmium and its compounds are included in List I ;
      Whereas Article 6 of Directive 76/464/EEC provides that limit values shall
      be laid down for emission standards ;
      Whereas, since pollution caused by discharges containing cadmium and its
      compounds arises from many industries, it is necessary to lay down limit values
      for each industry or group of industries :
( l ) OJ No L 129 , 18.5.1976, p.23
 ---pagebreak--- Whereas at the present time it is not practicable to establish limit
values for discharges arising from the manufacture of phosphoric acid
from phosphate rock ;          >
Whereas Article 6 of Directive 76/464/EEC provides that quality objectives
shall be laid down- for substances in List I, and whereas that Article
provides that as an exception emission standards may be set in relation
to quality objectives ;
Whereas a monitoring procedure should be instituted to enable Member
States to prove that the quality objectives are being complied with ;
Whereas it is necessary for the protection of the aquatic environment
that discharges to sewers should be subject to prior authorization , as
provided for in Article 3 of Directive 76/464/EEC ;
Whereas groundwater is the subject of Council Directive 80/68/EEC ( l )
and is excluded from the scope of the present Directive ;
Whereas certain specific provisions must be laid down in connection with
the protection of the aquatic environment against pollution by cadmium ;
whereas , since the specific powers required to this end have not been
provided for in the Treaty , it is necessary to invoke Article 235 thereof
HAS ADOPTED THIS DIRECTIVE :      '
( 1 ) OJ No L 20 , 26.1.1980 , p. 43 »
 ---pagebreak---                                          - 3 -
                                      Article 1
  1 . This Direct ive, in pursuance of :
       - Article 6(l ) of Directive 76/464/EEC , lays down limit values for emission
          standards for cadmium from industrial plant as defined in Article 2 ( d )
          of this Directive ;
      - Article 6(2 ) of Directive 76/464/EEC , lays down quality objectives for
          cadmium in the aquatic environment ;
      - Article 6(4 ) of Directive 76/464/EEC , lays down time limits for compliance
          with the conditions of the authorizations granted by the competent
          authorities of the Member States in the case of existing discharges ;
      - Article 12(l ) of Directive 76/464/EEC , lays down the methods of
         measurement applicable for determining cadmium in discharges and the
          aquatic environment ;
      - Article 6(3 ) of Directive 76/464/EEC , establishes a monitoring procedure
          concerning quality objectives .
 2 . This Directive applies to the waters referred to in Article 1 ( 1 ) of Directive
      76/464/EECy with the exception of groundwater .
                                     Article 2
For the purposes of this Directive :
 ( a)' cadmium' means :
      – the chemical element cadmium
      - the cadmium contained in any of its compounds :
( b)'limit value' means s
        the values described in Annex I ;
( c)'quality objective' means s
       the values described in Annex II ;
( d ) 'industrial plant' means :
       a plant at which cadmium or any substance containing cadmium is handled,
       with the exception of plant at which phosphoric acid is manufactured
       from phosphate rock :
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( e) "existing plant " means : .
       an industrial plant which is operational on 1 January 1983 ;
                    ν
( f) "new plant " means :
       - an industrial plant which has become operational after the date of
         notification of this Directive ;
       - an existing plant whose capacity for handling cadmium has been
         substantially increased after the date of notification of this Directive
( g) " sewer" means :                                               ' .
       a pipe forming part of a system through which liquid containing domestic
       effluent is transported to a purification plant external to the industrial
       plant in question prior to transfer to one or more of the waters referred
       to in Article 1 ( 2 ).
                                     Article 3
  1 * The limit values for emission standards and the time limits by which they
       must be applied are given in Annex I. 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 sewer .
  2 , Without prejudice to paragraph 4, the authorizations referred to in
     / Article 3 of Directive 76/464/EEC must contain provisions at least as
       strict as those laid down in Annex I to this Directive , except in tho®
       cases where a Member State complies with the provisions of Article 6(3 )
       of Directive 76/464/EEG and applies Annexes II and III .
  3 . The authorizations referred to in paragraph 2 must be revi^-wec1 at least
       once every four years .
 4 * In the case of new plants the emission standards rhall be set in accordance
       with the best technical means pvaf.la.ble .
 ---pagebreak---                                       - 5 -
 5 . The reference method for the analysis of cadmium is laid down in Annex IV.
      Other methods may be used provided that the limits of
     detection, precision and accuracy are     least as good as those given in
     Annex IV . The accuracy required in the measurement of flow of discharge
     is laid down in Annex IV .
                                   Article 4
     The Member States shall keep the entire zone affected by industrial
     plants under surveillance . In the case of transfrontier pollution affecting
     more than one Member State , the States concerned shall , acting in concert ,
     adopt appropriate measures to eliminate the pollution and shall forth­
     with inform the Commission thereof .
                                   Article 5
1 . Prom the information supplied under Article 13 of Directive 76/464/EEC ,
     in particular :
     - details of authorizations laying down emission standards with regard
        to discharges of cadmium ,
    - results obtained by the national network eet up to determine concentrations
       of cadmium ,
     the' Commission shall make a comparative assessment of the implementation
    by the Member States of the present Directive .
2 . At least every five years the Commission shall submit to the Council the
     comparative assessment referred to in paragraph 1 . Where necessary , the
     Commission shall also submit to the Council proposals for further action .
                                   Article 6
1 . The Member States shall , by 1 January 1933, bring into force the necessary
     meast-es to comply therewith , and shall forthwith inform the Commission
     thereof,'
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The Member States shall communicate to the Commission the texts of the
provisions of national law which they adopt in the sector covered "by
this Directive .
                             Article 7
This Directive is addressed to the Member States .
 ---pagebreak---                                  ANNEX          I
     Limit values , time-limits and verification frequencies and. procedures
                             for discharges of cadmium
     Industry            Unit of          Limit values which         Verification
                       measurement        must be respectd by         frequency
                                           stated dates
                                          1.1.19Ö3     1.1.1986
  Zinc mining , lead    Milligrams of     1.0     (1)    0.6 ( 1 )       daily
' and zinc refining     cadmium per
■ and the non-ferrous   litre of
Í metal industry        discharge         0.5     ( 2)   0.3 ( 2 )      monthly
; Manufacture of
                        milligrams of     2.0     (1)    loO ( 1 )       daily
                        cadmium per
     pigments           litre of
                        discharge         1.0     ( 2)   0*5 ( 2 )      monthly
                        grams of cadmium  1.4    ( 3)    O06 ( 3 )      daily
                        discharged per
                        kilogram of       0.7    (4) .   0.3 ( 4 )      monthly
                        cadmium handled
  Manufacture of        milligrams of     2.0    (l)     1.0 ( 1 )      daily
   stabilisers
                        cadmium per
                        litre of
                        discharge         1.0    ( 2)    0*5 ( 2 )      monthly
                        grams of cadmium 1.6     ( 3)    1.0 ( 3 )      daily
                        per kilogram of
                        cadmium handled  0.8     (4)    0.5 ( 4 )       monthly
  Manufacture of       milligrams of      2,0    (l)     1.0 ( 1 )      daily
   batteries
                        cadmium per
                        litre of          1.0   ( 2)    0.5 ( 2 >       monthly
                        discharge
                       grams of cadmium  5.0    ( 3)     3.0 ( 3 )      daily
                       per kilogram of
                       cadmium handled    2.5   (4)     1.5 ( 4 )       monthly
  Electroplating       milligrams of      2.0   (l)      1.0 ( 1 )      daily
                       cadmium per
                       litre of          1.0    ( 2)    0.5 ( 2 )       monthly
                       discharge
                •
                       grams of cadmium  1.0    ( 3)    0.6 ( 3 )       daily
                       per kilogram of
                       cadmium handled   0.5    (4)     0„3 ( 4 )      monthly
                                                                                  ¡
                                                                   ( contnd )
 ---pagebreak---                                                                     Annex I
 Manufacture of            milligrams of    2.0 ( l )   1.0 ( 1 )   daily
                           cadmium per
 cadmium
                           litre of         1.0 ( 2 )   0.5 ( 2 )   monthly
      compounds .          discharge
                           grams of cadmium 2.0 ( 3)    1.0 ( 3 )   daily
                           per kilogram of
                           cadmium handled  1.0 ( 4 )   0.5 ( 4 )   monthly
Other industries ,         milligrams of
except the
                           cadmium per
                                            2.0 ( l )   1.0 ( 1 )   daily
manufacture of
phosphoric acid,           litre of         1.0 ( 2)    0.5 ( 2 )   monthly
from phosphate
      rock
                           discharge
                                                                      •
           ( 1 ) maximum daily average concentration
           ( 2 ) maximum monthly average concentration        -
          ( 3 ) maximum daily load
          ( 4 ) maximum monthly load
If the discharge contains a contribution from a process or processes in which
cadmium is not handled the limit value for monthly average concentration of
cadmium must be calculated from the following formula :
          C - L v/V
where              ,C      is the limit value to be applied ,
                   L       is the appropriate limit value taken from the above table
                   v       is the total monthly flow of discharge attributable to
                          the handling of cadmium
                   V       is the total monthly flow of the discharge in question .
    1
In this case the limit value for daily average concentration is twice the
limit value for monthly average concentration .
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 Verification procedure for emission standards
 The daily average concentration of cadmium in the discharge must "be
 measured by analysing a sample of the discharge collected on a flow-
 weighted. basis over a period of one day . The total flow of the discharge
 over the same period must also be measured .
 The daily weight of cadmium must be calculated by multiplying the daily
average concentration of cadmium by the total flow for the day in question .
The daily weight , expressed in grams , must be divided by the weight of
cadmium , expressed in kilograms , handled during the day in question .
The monthly weight of cadmium must be calculated by adding tdgether the
daily weighis of cadmium for the month in question . The monthly weight ,
expressed in grams , must be divided by the weight of cadmium , expressed
in kilograms , handled during the month in question .
The monthly average concentration of cadmium must be calculated by dividing
the monthly weight of cadmium by the sum of the daily flows for the month
in question .                         \
It shall be deemed that the requirements of this Annex in respect of the
industrial establishment in question have been satisfied if during the
course of any period of one year ninety five percent of samples taken and
analysed in accordance with the procedure laid down in Annex IV conform
to the relevant emission standard .
 ---pagebreak---                                    ANNEX       II
                          Q u a 1 i t y    objectives
 1 . Fresh water
 1.1 . The maximum permissible concentration of cadmium must be set in relation
        to the hardness of the water in question and must not exceed the '
        following values :
                                                                                ν
                Hardness of water                Maximum cadmium concentration
                (mg/l as CaCO^)                           ( /ug/l)
                       < 10                                  0.6
             5»- 10 to < 50                                  0.8
                                                                  . r *
             -^5*50 to < 100                                 1.0
                      > ioo                                  1.5
                    t
 1.2 . The cadmium content of sediments or of a characteristic mollusc must
        not increase significantly with time . The choice between these two
        possibilities must be made by the competent national authorities
        according to local circumstances .
  1.3 . The quality objective must be such as to protect the health of persons
       consuming fish taken from the water in question and to protect any other
       legitimate use of such water .        ,
2 . Sait water          .
2.1 . The cadmium content of salt water' shall not exceed lyug/l
        Where this quality objective cannot be achieved because of existing
        concentrations of oadmium the quality objective shall be that the
        cadmium concentration must not be more than 1^ug/1 higher than that
        in an adjacent area of . unpolluted salt water .
 2.2 . The cadmium content of sediments or of a characteristic mollusc must
        not increase significantly with time . The choice between these two
        possibilities must be made by the competent national authorities according
        to local circumstances .
2.3 . The quality objective must be such as to protect the health of persons
       consuming fish taken from the water in question and to protect any
        other legitimate use of suoh water .
 ---pagebreak---                                        - 2 -
                                                                  Annex II
 3 . It shail be deemed that the quality objectives specified in paragraph 1.1
     and 2.1 have been , satisfied if during the course of any period of one
     year , at least ninety five percent of the relevant samples comply with
     the appropriate quality objective .
4 . Higher cadmium concentration than those referred in paragraphs 1.1 . and
     2.1 . shall not be taken into account when they arise as a result of floods ,
     natural disasters or exceptional meteorological conditions .
5o The quality objectives given in paragraphs 1.1 and 2.1 apply from
     1 January 1986 . Less severe quality objectives apply from 1 January 1983
     but in no case may these exceed twice the relevant value specified in
     1.1 and 2.1 .
     The quality objectives specified in 1.2 , 1.3 , 2.2 and 2.3 apply from
     1 January 1983 *
6 . When as a result of changes in the pattern of industry areas of water are
     affected by discharges from new plant , the quality objectives in paragraphs
     1.2 and 2.2 shall apply two years after the start of the new discharge .
7 . Where a stretch    of water has more than one use which is to be protected ,
    the quality objective must be stringent enough to protect all these uses .
 ---pagebreak---                             ANNEX        III
                 Monitoriry? procedure for quality objectives
 For each authorization granted in pursuance of this Directive , the
 competent authority shall specify the monitoring methods to ensure
compliance with the quality objective or objectives appropriate to
that authorization, throughout the area affected by the discharge .
In accordance with the procedure outlined in Article 6 ( 3 ) of
Directive 76/464/EEC , "the Member State shall report to the Commission
for each quality objective chosen and applied to :
- the points of discharge and the dispersal apparatus ;
- the area in which the quality objective is applied :
- the location of sampling points ;
- the frequency of sampling :
– the methods of sampling and of measurement :
 1
– the results obtained *
Samples must be properly representative of the quality of the aquatic
environment for the area affected by the discharge , and the frequency
of sampling must be sufficiently high to show changes in the state of
the aquatic environment •
 ---pagebreak---                               ANNEX           IV
               Methods           of     measurement
 1 * The reference method   of analysis to determine cadmium in water , molluscs
     and sediments is atomic absorption spectrophotometry after appropriate
     treatment of the sample . In the case of samples taken in connection with
     the quality objectives defined in paragraphs l(l ), 2(l ) and 2(2 ) of
     Annex II this pretreatment may include filtering the sample through a
     0.45 micron filter .
2 , The limits of detection ( l ) must "be such that the cadmium concentration
     may be measured to an accuracy ( l ) of + 30$ and a precision ( l ) of + 30$
     at concentrations :
     - in the cases of discharges , one tenth of the maximum permitted concen­
       tration specified in the authorization ;
     - in the case of waters to which a quality objective applies , one tenth
       of the cadmium concentration specified in the quality objective ;
     - in the case of unpolluted waters , one tenth of the cadmium concentration
       in the water ;
     - in the case of sediments , molluscs and fish , one tenth of the cadmium
       concentration in the sample .
3 . Plow measurement should be carried out to an accuracy of + 20$.
( l ) The definitions of these terms are as given in Council Directive 79/869/EEC
      concerning the methods of measurement and the frequencies of sampling and
      analysis of surface water intended for the abstraction of drinking water
      in the Member States , 0J L 271 , 29 . 10 . 1979 » P«44