CELEX: 51983PC0422
Language: en
Date: 1983-07-07
Title: PROPOSAL FOR A COUNCIL DIRECTIVE ON LIMIT VALUES AND QUALITY OBJECTIVES FOR DISCHARGES OF HEXACHLOROCYCLOHEXANE, AND IN PARTICULAR LINDANE

11.8.83                               Official Journal of the European Communities                           N o C 215/3
                                                             II
                                                     (Preparatory Acts)
                                                COMMISSION
              Proposal for a Council Directive on limit values and quality objectives for discharges of
                                     hexachlorocyclohexane, and in particular lindane
                              (Submitted by the Commission to the Council on 19 July 1983)
THE COUNCIL OF THE EUROPEAN                                      Whereas provision should be made for the taking of
COMMUNITIES,                                                     additional measures by Member States in order to
                                                                 ensure that the measures adopted pursuant to this
Having regard to the Treaty establishing the                     Directive do not increase air pollution, and specific
European Economic Community, and in particular                   provisions should be laid down for discharges of these
Articles 100 and 235 thereof,                                    substances into the air;
Having regard to Council Directive 76/464/EEC of                 Whereas Article 6 of Directive 76/464/EEC provides
4 May 1976 on pollution caused by certain dangerous              for the setting of quality objectives for List I sub-
substances discharged into the aquatic environment of            stances; whereas the emission standards in the auth-
the Community ('), and in particular Article 6                   orizations may, as provided for in that Article, be
thereof,                                                         adopted on the basis of those quality objectives;
Having regard to the proposal from the Commission,               Whereas a specific monitoring procedure should be
                                                                 established in order to enable the Member States to
Having regard to the opinion of the European Par-
                                                                 prove that the quality objectives are being complied
liament,                                                         with;
Having regard to the opinion of the Economic and
                                                                 Whereas groundwater is the subject of Council
Social Committee,
                                                                 Directive 80/68/EEC (2) and is excluded from the
                                                                 scope of this Directive;
Whereas, in order to protect the aquatic environment
of the Community against pollution caused by certain
dangerous substances, Article 3 of Directive                     Whereas the Treaty has not provided certain powers
76/464/EEC provides for a system of prior authori-               relating to specific action which are necessary in
zation laying down emission standards for discharges             connection with the protection of the environment
of the substances appearing on List I in the Annex               and the improvement of the quality of life; whereas
thereto;                                                         Article 235 of the Treaty should therefore be
                                                                 invoked,
Whereas hexachlorocyclohexane (hereinafter referred
to as H C H ) and its lindane isomer are organo-                 HAS ADOPTED THIS DIRECTIVE:
halogen compounds and are included in List I in view
of their toxicity, persistence and bioaccumulation;                                        Article 1
Whereas Article 6 of Directive 76/464/EEC provides               1.     This Directive:
for the setting of limit values which the emission
standards must not exceed and the setting of time                — in pursuance of Article 6 (1) of Directive 76/464/
limits for the application thereof;                                  EEC, lays down limit values for emission
                                                                     standards for H C H and its lindane isomer in
Whereas, since the pollution caused by discharges of                 discharges from industrial plants as defined in
these substances into water stems, to a large extent,                Article 2 (f) of this Directive,
almost entirely from the plants which produce, treat
and, as a subordinate activity, formulate them on the            — in pursuance of Article 6 (2) of Directive 76/464/
same site; whereas limit values should therefore be set              EEC, lays down quality objectives for H C H and
for this sector;                                                     its lindane isomer in the aquatic environment,
(') OJ No L 129, 18. 5. 1976, p. 23.                             (2) OJ No L 20, 26. 1. 1980, p. 43.
 ---pagebreak---  No C 215/4                            Official Journal of the European Communities                                 11.8.83
— in pursuance of Article 6 (4) of Directive 76/464/                                       Article 3
    EEC, lays down the time limits for compliance
    with the conditions of the authorizations granted
                                                                   1.     The limit values, the time limits by which they
    by the competent authorities of the Member
                                                                   must be complied with and the procedure for
    States in the case of existing discharges,
                                                                   monitoring discharges are laid down in Annex I.
— in pursuance of Article 12 (1) of Directive
    76/464/EEC, lays down the reference methods of                The limit values shall apply at the point immediately
    measurement enabling the concentration of H C H               preceding discharge into the waters referred to in
    and its lindane isomer in discharges and in the               Article 1 (2) or into a public sewage system.
    aquatic environment to be determined,
                                                                   2.     The authorizations provided for in Article 3 of
— in pursuance of Article 6 (3) of Directive 76/464/
                                                                   Directive 76/464/EEC must contain provisions at
    EEC, establishes a procedure for monitoring the
                                                                  least as stringent as those in Annex I to this Directive,
    quality objectives,
                                                                  except in cases where a Member State is complying
— requires Member States to cooperate with one                    with Article 6 (3) of Directive 76/464/EEC on the
    another in the case of discharges affecting the               basis of Annexes II and IV to this Directive.
    waters of more than one Member State.
                                                                  The authorizations shall be reviewed at least every
2.    This Directive applies to the waters referred to            four years.
in Article 1 of Directive 76/464/EEC, with the
exception of groundwater.                                         3.     "Without prejudice to their obligations arising
                                                                  out of paragraphs 1 and 2 and the provisions of
                          Article 2                               Directive 76/464/EEC, Member States may grant
                                                                  authorizations for new plants only if such authori-
For the purposes of this Directive:                               zations contain a reference to the standards
                                                                  corresponding to the best technical means available
(a)    'HCH'means:                                                for preventing discharges of H C H .
    the isomers of 1,2,3,4,5,6-hexachlorocyclohexane;
                                                                  Whatever the method it adopts, a Member State,
(b) 'lindane' means:                                             where for technical reasons the intended measures do
    the gamma isomer of             1,2,3,4,5,6-hexachloro-       not conform to the best technical means available,
                                                                  shall provide the Commission, before any authori-
    cyclohexane;
                                                                  zation, with the justifications for these reasons.
(c) 'the non-lindane isomers' means:
    the sum of the isomers of 1,2,3,4,5,6-hexa-                  Within three months, the Commission shall send a
    chlorocyclohexane, excluding lindane;                         report to the Member States stating its opinion on the
                                                                  derogation referred to in the second subparagraph.
(d) 'limit values' means:
    the values specified in Annex I;                              4.     The reference       method     of analysis     for
                                                                  determining the presence of H C H is given in Annex
(e) 'quality objectives' means:                                   III. 1. Other methods may be used provided that the
    the requirements specified in Annex II;                       limits of detection, precision and accuracy of such
                                                                  methods are at least as exacting as those laid down in
(f) 'industrial plant' means :                                   Annex III.l. The accuracy required in the
    a plant which is used for the production of H C H             measurement of effluent flow is given in Annex III.2.
    or for the treatment of H C H with a view to
    extracting lindane or manufacturing other sub-                5.     With a view to ensuring inter alia that the
    stances;                                                      objectives of this Directive are not circumvented
                                                                  through an increase in air pollution, the competent
(g) 'existing plant' means:
                                                                  authority of the Member State concerned shall make
    an industrial plant which          is operational    on       discharges of H C H into the air subject to an authori-
    1 January 1985;                                               zation laying down emission standards.
(h) 'new plant' means:
    — an industrial plant which has become oper-                                           Article 4
         ational after 1 January 1985,
    — an existing industrial plant whose capacity for            The Member States concerned shall be responsible for
         the production or treatment of H C H has been            monitoring the aquatic environment affected by
         substantially increased after 1 January 1985.           discharges from industrial plants.
 ---pagebreak--- 11.8.83                                   Official Journal of the European Communities                                            No C 215/5
In the case of discharges affecting the waters of more                      In the event of a change in scientific knowledge
than one Member State, the Member States                                    relating principally to the toxicity, persistence and
concerned shall cooperate with a view to harmonizing                        accumulation of H C H in living organisms and
monitoring procedures.                                                      sediments or in the event of an improvement in the
                                                                            best technical means available, the Council shall
                           Article 5                                        adjust the limit values and the quality objectives,
                                                                            reinforcing them if necessary, on a proposal from the
1.    From the information to be supplied to it by the                      Commission.
Member State pursuant to Article 13 of Directive
76/464/EEC, on receipt of a request which it must
submit in each case, in particular concerning:                                                            Article 6
— the details of authorizations laying down emission
    standards with regard to discharges of H C H into                       1.    Member States shall take the measures necessary
    the aquatic environment and into the air,                               to comply with this Directive before 1 January 1985.
                                                                            They shall forthwith inform the Commission thereof.
— the results of the monitoring carried out by the
    national    network         set     up      to     determine            2.    Member States shall communicate to the
    concentrations of H C H ,                                               Commission the text of the provisions of national law
the Commission shall make a comparative assessment                          which they adopt in the field governed by this
of the implementation of this Directive by the                              Directive.
Member States.
2.    Every five years the Commission shall forward                                                       Article 7
to the Council the comparative assessment referred to
in paragraph 1.                                                             This Directive is addressed to the Member States.
                                                                  ANNEX I
              Limit values, time limits for compliance with these values, and procedure for monitoring discharges
             1. The limit valuesforthe sectors of industry concerned are contained in thefollowingtable:
                                                         Limit value expressed as     Limit value expressed as
                                                       maximum concentration (a)          maximum quantity
                           Sector of industry            (mg of HCH per litre of       (g of HCH per tonne        Average value
                                                           effluent discharged)       ofHCH production or
                                                                                         treatment capacity)
                1. Plant for the production
                    of H C H                                          8                           8               Daily
                                                                      7                           7               Monthly
                2. Plant for the treatment of
                    H C H with a view to
                    extracting      lindane     or
                    producing other sub-
                    stances (b)                                     19                           19               Daily
                                                                    15                           15               Monthly
                3. Plant where, on the same
                    site, H C H is produced
                    and H C H is treated with
                    a view to extracting
                    lindane or         producing
                    other substances (b)                            25                           25               Daily
                                                                    20                           20               Monthly
                (a) The limit values expressed in terms of concentration which are indicated in this column apply for a
                     quantity of wastewater discharged of one cubic metre per tonne of H C H production or treatment ca-
                     pacity. For other quantities of wastewater, the concentration limit values should be altered by dividing the
                     values indicated in this column by the quantities in cubic metres of wastewater discharged per tonne of
                     H C H production or treatment capacity.
                (b) The limit values indicated in the table also include any discharges resulting from the fomulation of
                     lindane on the same site.
 ---pagebreak--- N o C 215/6                            Official J o u r n a l of the E u r o p e a n C o m m u n i t i e s          11.8.83
            2. Time limits
                The time limit for compliance with the limit values is 1 January 1985.
            3. Procedure for verifying emission standards
                The average daily concentration of H C H in the effluent must be measured by analyzing a
                sample of the effluent taken over a period of one day according to the flow. The total flow
                during the same period must also be measured.
                The daily weight shall be calculated by multiplying the average daily concentration of H C H by
                the total flow for the day. The daily weight, expressed in grams, shall be divided by the weight
                of H C H , expressed in tonnes, treated on the same day.
                The monthly weight of H C H shall be calculated by adding the daily weights for the month. The
                monthly weight, expressed in grams, shall be divided by the weight of H C H , expressed in
                tonnes, treated in the same month.
                The monthly average concentration shall be calculated by dividing the monthly weight by the
                sum of the daily flows for the month.
                An industrial plant shall be deemed to have satisfied the requirements of this Annex where, in
                any period of one year, 95 % of the samples taken and analyzed in accordance with the
                procedure defined in Annex IV are in conformity with the emission standard applicable.
                                                                ANNEX       II
            Quality objectives
            For those Member States which apply the exception provided for in Article 6 (3) of Directive
            76/464/EEC, the emission standards which Member States must establish and ensure are applied,
            pursuant to Article 5 of that Directive, shall be fixed so that the appropriate quality objective(s)
            from among those listed below is (are) complied with in the area affected by discharges of H C H .
            The competent authority shall determine the area affected in each case and shall select from among
            the quality objectives listed in paragraph 1 the objective(s) that it deems appropriate having regard
            to the intended use of the area affected, taking account of the fact that the purpose of this Directive
            is to eliminate all pollution.
            1.      In order to eliminate pollution as defined in Directive 76/464/EEC, and pursuant to Article 2
                    of that Directive, the following quality objectives are set:
            1.1.    Quality objectives for lindane
             1.1.1. The concentration of lindane in inland surface waters must not exceed 10 ng/1.
             1.1.2. The concentration of lindane in estuary waters and territorial sea waters must not exceed
                    10 ng/1.
             1.1.3. In the case of water intended for the abstraction of drinking water, the concentration of
                    lindane must not exceed 1 % of the 'total pesticides' values shown in Directive 75/440/EEC
                    (parameter 34, first column of Annex II).
             1.2.   Quality objectives for non-lindane isomers
             1.2.1. The total concentration of non-lindane isomers in inland surface waters must not exceed
                    10 ng/1.
             1.2.2. The total concentration of non-lindane isomers in estuary waters and territorial sea waters
                    must not exceed 10 ng/1.
             1.2.3. In the case of water intended for the abstraction of drinking water, the total concentration of
                    non-lindane isomers must not exceed 1 % of the 'total pesticides' value shown in Directive
                    75/440/EEC (parameter 34, first column of Annex II).
 ---pagebreak--- 11.8.83                               Official J o u r n a l of the E u r o p e a n Communities                            N o C 215/7
         2.       The total concentration of H C H in sediments or in shellfish must not increase significantly
                  with time.
         3.       Where several quality objectives are applied to waters in an area, the quality of the waters
                  must be sufficient to meet each of them.
         4.       The quality objectives indicated above shall apply as from 1 January 1985.
         5.       The quality objectives indicated above shall be regarded as having been met where, in any
                  period of one year at least 95 % of the samples meet the relevant quality objective.
         6.       Concentrations exceeding those indicated above will not be taken into consideration if they
                  are the result of flooding, natural disasters or meteorological conditions.
         7.      The quality of the waters must be sufficient to comply with the requirements of any other
                  Council Directive applicable to such waters as regards the presence of H C H .
                                                              ANNEX       III
        Methods of measurement
         1. Reference method of analysis for freshwater and seawater
            The reference method of analysis for determining the concentration of the substances in question
             in discharges and in waters shall be gas or liquid chromatography with electron capture detection
            after extraction by means of an appropriate solvent and purification.
            The accuracy (') and precision (*) of the method must be ± 50 % at a concentration which
            represents twice the value of the limit of detection.
            The limit of detection (') must be:
            — in the case of discharges, one-tenth of the concentration required at the point of sampling,
            — in the case of waters subject to a quality objective, one-fifth of the concentration indicated in
                 the quality objective,
            — in the case of sediments and shellfish, one-fifth of the concentration of the sample.
        2. Flow measurements must be carried out to an accuracy of ± 20 %.
        (') See the definitions in Council Directive 79/869/EEC concerning the methods of measurement and frequencies
             of sampling and analysis of surface water intended for the abstraction of drinking water in the Member States
             (OJ No L 271, 29. 10. 1979, p. 44).
                                                              ANNEX      IV
        Procedure for monitoring quality objectives
        1. For each authorization granted in pursuance of this Directive, the competent authority shall
            specify the restrictions, the monitoring procedure and time limits for ensuring compliance with
            the quality objective(s) concerned.
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           2. In accordance with Article 6 (3) of Directive 76/464/EEC, the Member States shall report to the
              Commission for each quality objective chosen and applied, on:
              — the points of discharge and the means of dispersal,
              — 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,
              — the results obtained.
           3. Samples must be sufficiently representative of the quality of the aquatic environment in the area
              affected by the discharges, and the frequency of sampling must be sufficient to show any changes
              in the aquatic environment.