CELEX: 51987PC0457
Language: en
Date: 1987-10-12
Title: Proposal for a COUNCIL DIRECTIVE amending Annex II to Directive 86/280/EEC on limit values and quality objectives for discharges of certain dangerous substances included in List I of the Annex to Directive 76/464/EEC (2nd amendment) (presented by the Commission)

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DOCUMENTS "COM"
COM (87) 457
Vol. 1987/0237
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
           -                                      COM(87 ) 457 final
                                                  Brussels , 12 October 1987 ,
                                 Proposai for a
                                COUNCIL DIRECTIVE
     amending Annex II to Directive 86 / 280 / EEC on limit values and
   quality objectives for discharges of certain dangerous substances
                     included in List I of the Annex to
                    Directive 76 / 464 / EEC ( 2nd amendment )
                         *
                        ( presented by the Commission )
                                            fef J 2 OCT. 1S37 Jl)
                                             0K         du SectftaM
                                                      • 'fin *
                                                      Lo ica
 C0M(87 ) 457 final
 ---pagebreak---       PROPOSAL FOR A COUNCIL DIRECTIVE AMENDING AND SUPPLEMENTING ANNEX II
                    TO DIRECTIVE 86/280/EEC ON LIMIT VALUES AND
        QUALITY OBJECTIVES FOR DISCHARGES OF CERTAIN DANGEROUS SUBSTANCES
                          INCLUDED IN LIST I OF THE ANNEX
                      TO DIRECTIVE 76/464/ EEC ( 2ND AMENDMENT)
EXPLANATORY MEMORANDUM
1.   Introduction
The purpose of this proposal is to expand, in respect of two dangerous
substances ( hexachlorobenzene and hexachlorobutadiene ),          the specific
provisions laid down in Annex II to Directive 86/280/EEC1 on limit values and
quality objectives for discharges of certain dangerous substances included in
List I of the Annex to Directive 76/464/EEC . ^
1.1 . Directive 76/464/EEC2
On 4 May 1976 the Council adopted a Directive on pollution caused by certain
dangerous substances discharged into the aquatic environment of the Community
(76/464/EEC) ^ which seeks to eliminate water pollution by dangerous substances
included in the families and groups of substances in List I in the Annex to
the Directive .
The Ddi recti ve provides that discharges into Community waters which are liable
to contain any of the substances in List I shall require prior authorization
by the competent authority of the member State concerned . For such discharges
the authorization must lay down emission standards which must not exceed limit
values to be laid down by the Council , acting on a proposal from the
Commission .     Emission standards may also be set on the basis of quality
objectives in cases where a Member State can prove that such objectives , also
to be laid down by the Council,       are being met and continuously maintained
throughout the area which might be affected by the discharges .
'OJ L 181 ? 4.7.1986 ? P. 16 .
 OJ No L 129 , 18.5.1976 , p. 23 .
 ---pagebreak---                                           - 2 -
1,2 . Directive U /280/EËC3
This is a " framework " Directive setting out the legal provisions applicable to
all   the  substances      in List I   in  the  Annex to  Directive 76 / 464 / EEC and
containing a set of technical provisions in its Annexes :
(a)   Annex I , entitled "General provi sions" , contains the common technical
      rules which are applicable to the substances in question .
It is divided into three headings :                                                    1
HEADING A   :    Limit values for emission standards :
                 Limit values,    dates set for compliance therewith and procedures
                 for monitoring discharges
HEADING B   :    Quality objectives
                 Quality objectives ,     dates set for compliance therewith and
                 procedure for monitoring compliance with them
HEADING C   :    Reference methods of measurement and limit of detection
( b)  Annex II ,    entitled " Specific provisions", takes up the same three
      headings ,   under which full details must be given for each substance in a
      set of special technical provisions .
2.   Purpose of the proposal for a Directive
The purpose of this proposal for a Directive is to widen the specific scope of
the " framework " Directive by including in Annex II , " Specific provisions ",
special provisions for hexachlorobenzene and hexachlorobutadiene .
These substances have been accepted as falling within List I in the Annex to
Directive 76 / 464 / EEC .    They carry the numbers assigned to them in the
Commission 's communication to the Council of 22 June 1982^ : hexachlorobenzene
is No 83 and hexachlorobutadiene is No 84 .
^OJ  No L 181 , 4.7.1986, p . 16 .
40J No C 176, 14.7.1982 .
 ---pagebreak---                                         <■- - 3 -
3.      Coaments
3.1 .     The proposai in general
There is little general comment to be made on this proposal for a Directive
since the technical and administrative provisions applicable to each substance
within List I are set out in the "framework " Directive 86 / 280/ EEC . ^
It should be noted that the proposal is based on Article 130 S of the EEC
Treaty and on Article 6 of Directive 76 / 464 / EEC .
3.2 .     The specific purpose of the proposal
The aim of this proposal is to add two substances to the first list of
dangerous substances for in Directive 86 / 280/ EEC . The two new substances have
been the subject of ecotoxologica l , technical and economic studies as part of
the Commission 's work , on the basis of priorities agreed with the national
experts .
3.2.1 .       HEXACHLOROBENZENE
3 . 2 . 1.1 .   The chemical substance
Hexachlorobenzene ( No 83 )      :   CAS-1 18 - 74 -1
Hexach lorobenzene ( C.Cl  o
                              ,,
                              o
                                   known as "HCB") is an aromatic organo-chlorine
compound whose chemical structure suggests that it falls within List I in the
Annex to Directive 76 / 464 / EEC , under point 1 , "Organohalogen compounds and
substances which may form such compounds in the aquatic environment".
Having examined the characteristic properties of HCB in the light of the three
principal criteria for inclusion in List I ~ toxicity ,           persistence and
bioaccumulation - the Commission proposes that HCB be considered a substance
belonging to this list .
                                                                                  /
50J No L 181 , 4.7.1986, p. 16 .
 ---pagebreak---                                            - 4 -
                                                                                      f
This proposal is based on the opinion of the Scientific Advisory Committee on
the Toxicity and Ecotoxicity Chemical Compounds ( report on the Committee 's
activities , 1979-83, pp . 82-84 , April 1983 ) and on the experts' reports on
this substance prepared for the Commission .
The following factors concerning HCB support this decision :
1.      It high toxicity for aquatic flora and fauna , the marine environment being
        the most sensitive (a chronic toxicity threshold of 5 to 25 yug/ l is
        given );
2.      Its strong persistence ;
3.      Its   very    high   bioaccumulation,    especially    in algae  and  aquatic
        invertebrates :    concentration coefficents of    1 000 to 10 000 should be
        noted .
This pollutant 's strong persistence means that it is to be widely found in
Community waters at concentrations of 2 to 130 ng / l with frequent
contamination of sediments ( 10 to 200 yug/kg) and of aquatic organisms .
In order to prevent the situation deteriorating further, the Commission
proposes also to apply the general obligation of a standstill ( Provision IV
( 83 ) of Annex II ).
HCB presents a greater hazard than hexachlorocyclohexane ( HCH ) ( carbon
tetrachloride being already covered by Council Directives ) and heads the list
of environmentally hazardous pollutants ( Rank No 23 , SRI - International -
  Report ENV /786 / 80 , p. 35 ).
3 . 2 . 1.2 .   The industrial plants concerned
The proposal mainly concerns            industrial   plants operating the following
processes :
1.      Direct production of HCB and its processing for the manufacture of other
        commercial chemical substances , in particular pentachlorothiophenol .
 ---pagebreak---                                       –*5– 5 -
2 . The production of HCB as by-products of perchlorination :          production of
     perchloroethylene ( tetrachloroethylene ), known as "PER ", and carbon
     tetrachloride .
3.   The production of various        substances giving   rise indirectly to the
     production of HCB .
Relative importance of these sector :
(a)   Direct production of HCB
- The HCB production process is based on a catalytic reaction of benzene,          or
    chlorine derivatives of benzene , with chlorine .
    The HCB produced has a high degree of priority ,       about 98%;    it contains
    traces of pentachlorobenzene and 1 . 2.4.5-tetrachlorobenzene .
    Annual production in the Community is about 4 000 t .      Production capacities
    are estimated at +_ 5 000 t /year ( reference year 1981 ).
    There are four potential Community producers , one each in France, the
    Federal Republic of Germany , the United Kingdom and Italy . Only the German
    production plant is operational at present .
    In the Community generally , HCB is used only for processing into
    pentachlorothiophenol at the production sites . Other uses and its placing
    on the market as a plant protection product are prohibited under Council
    Directive 79/117/ EEC .^
    Elsewhere in the world, HCB is produced and used mainly in eastern bloc
    countries, especially the Soviet Union, for agricultural purposes ( soil
    treatment and disinfection of seeds ).
(b)   Production of HCB as a by- product of perchlorination
HCB also appears as an impurity during the process for manufacturing the
principal organo-ch lorine solvents :          perchloroethylene ( PER ),      carbon
tet rachlor ide , trichloroethylene .
60J No L 33, 8.2.1979, p. 36 .
 ---pagebreak---                                           - 6 -
                                                                                    )
The quantity of HCB produced in this way is estimated at over 10 000 t /year
for all the Community countries ,            most of it in the manufacture of
perchloroethylene ( 10 to 30 kg HCB/ t of PER produced ) and smaller amounts in
the manufacture of CCl ^ by perchlorination (0.2 to 0.4 kg HCB/t of CCL^).
HCB can be removed from the abovementioned solvents by distillation with
fairly good results .
It cannot be marketed , however , because it contains impurities . It is thus a
"waste product " which is finally stored in salt mines or destroyed by
incineration or chlorolysis .
The thirteen production sites are located in seven Community countries : one in
Belgium, four in the Federal Republic of Germany , two in Spain , one in France ,
three in Italy , one in the Netherlands and one in the United Kingdom .
The present PER production capacity in the Community is +. 528 000 t /year
(1982) and that of CCL^ by perchlorination at +_ 292 000 t /year .
(c)      Other sources of water pollution by HCB
Besides these two principal possible sources for HCB emissions, . there are
other potential sources : plants producing pentachloronitrobenzene (quintozene )
and tetrachloronitrobenzene (tecnazene ), plants manufacturing chlorine by
chlor-alkali electrolysis with graphite electrodes , rubber processing plants ,
plants manufacturing pyrotechnic products, plants producing trichloroethylene
and vinyl-chloride ,      aluminium refineries and incineration plants for domestic
and other industrial waste .
3 . 2 . 1.3  Limit values for ewission standards
             - Heading A ( 83 ) in Annex II
As emissions of HCB into the aquatic environment from various sources are
fairly large, it is proposed to start by fixing limit values for the HCB
production        and    processing     sectors ,   especially   processing    into
pentachlorothiophenol,          and for perchloroethylene production and the
 ---pagebreak---                                       - 7 -
manufacture of carbon tetrachloride by per chlorination .             A simplified
monitoring procedure may be introduced if annual discharges of HCB do not
exceed 1 kg a year .
(a)   The   production   and  processing   of    HCB  for    the   Manufacture   of
      pentachlorothiophenol
This subsector is responsible for a continuous discharge of contaminated
effluent estimated at about 10 m^ per tonne of HCB production capacity .
The emissions , estimated at + 300 gr of HCB per tonne of HCB production
capacity , can be reduced by internal prevention measures to a load estimated
at 20 gr of HCB / t of HCB production capacity .
The Commission considers that additional control measures employing the best
techniques available must be introduced as soon as possible , including :
-   pretreatment of the effluent by stripping and phase separation or passing
    over activated carbon , and, if applicable ,
- passing through an industrial effluent treatment plant ( mechanical and
    biological processes).
In view of the financial outlay involved and the scale of the technological
adaptations needed to comply with the abovementioned standards , it is proposed
to act in two stages :
Stage one (1 January 1988 ) an emission level of about 20 gr of HCB/t of HCB
production capacity as a daily value or 10 gr of HCB/ t of HCB production
capacity as a monthly value , which means 2 mg / l and 1 mg / l of HCB respectively
in the di scharges .
Stage two (1 January 1991 ) an emission level of about 3 gr of HCB/t of HCB
production capacity as a daily value or 1.5 gr of HCB/ t of HCB production
capacity as a monthly value, which means 0.3 mg / l and 0.15 mg / l of HCB
respectively in the discharges .
 ---pagebreak---                                            - 8 -
Cb )     Production     of   perchloroethylene   and   carbon    tetrachloride     by
         perch Lori nation
This sector is responsible for sporadic effluent discharges .       Emissions of HCB
are essentially due to losses during handling and the operations for
extracting HCB from perchloroethylene , and are estimated at about 30 g of HCB
per tonne of " PER " produced and of the same order per tonne of CCl ^ produced .
The reduction techniques are identical to those applicable to the sectors
mentioned under ( a ).         Consequently , on the basis of a theoretical water
consumption of +. 1 per tonne of PER + CCl ^ production capacity , the loss in
HCB per tonne of PER + CCl^ production capacity is estimated at + 5 g as a
daily value or 2.5 g of HCB per tonne of PER + CCl^ production capacity as a
monthly value ,        which means a concentration of 5 mg / l and 2.5 mg / l of HCB
respectively in the discharges .
The time limit for introducing this limit value for the emissions is set at
1 January 1988 . Since most of the industrial plants concerned already possess
effluent treatment installations or a part-installation for this specific
purpose , only one stage is provided for .
3 . 2 . 1.4  Quali ty objectives
             - Heading B ( 83 ) in Annex II
The discussions of the Scientific Advisory Committee on the Toxicity and
Ecotoxicity of Chemical Compounds were based on the ecotoxicological study
by Dr J.E. Portman , " Evaluation of the impact on the aquatic environment of
hexachlorocyc lohexane ( HCH isomers ), hexachlorobenzene ( HCB ), DDT ( DDE and
DDD ), heptachlor + heptachlor epoxide and chlordane " ( June 1979 , ENV / 486 / 79 ) ,
and on the study by R.N. Hoofman and J.F.de Kreuk " Investigation on the
environmental load of chlorinated benzenes " ( November 1982 ).
The Committee considers that the HCB concentration in fresh water and salt
water must be as low as possible , not exceeding 0.01 ^ug / l ( see Report on the
Committee 's activities 1979-83 , pp . 82-84 , April 1983 ).
 ---pagebreak---                                           9 -
The Commission proposes to abide by this opinion, at least as regards
territorial waters, for 1 January 1988 .        For inland surface waters , estuary
waters and internal coastal waters other than estuary waters, it is estimated
that , given the present state of our rivers and the substantiel technical
resources to be deployed , we should proceed in two stages . The first- stage
target will be 0.05^ug/ l for 1 January 1988 and the second stage, in
accordance with the Committee 's opinion, will aim at 0.01^ug/ l for
1 January 1991 .
3.2.1 .5
           Article 5 of the f ramework Directive 86/280/ EEC :
           Footnote . Annex II . Provision IV ( Wo 83)
Article 5 of Directive 86 /280/ EEC applies in respect of HCB to the following
installations :
1.   plants producing quintozene and tecnazene ;
2.   plants producing chlorine by chlor-alkali electrolysis of with graphite
     electrodes ;
3.   rubber pressing plants ;
4 . plants manufacturing pryotechnic products ;
5 . plants producing trichloroethylene and vinyl chloride;
6.   aluminium refineries;
7.    incinerators for domestic waste and other industrial waste .
The Commission proposes that the specific programmes for reducing pollution
from these production plants should be drawn up case by case by the Member
States .
 ---pagebreak---                                             - 10 -
3 . 2 . 1.6   Method of aeasureaents
              Heading C ( 83 ). Annex II
The reference method of analysis advocated is gas chromatography with electron
capture detection after extraction by means of an appropriate solvent .
The      limit   of  determination ,     is  approximately    10 ng / l for  the  aquatic
environment , 1^ug / l for effluents and 10 ^ug /kg for sediments and organisms ,
depending on the number of extraneous substances present in the sample .
3.2.2       HEXACHLOROBUTAPIENE
3.2.2 . 1     The chewical substance
Hexachlorobutadiene ( No 84 ), CAS 87 - 68 - 3 .
Hexach lo robut adi ene, C^Cl ^ or CCL^ = CCL - CCl = CC ^, abbreviated as "HCBD"
is an unsaturated aliphatic organo-chlorine compound whose chemical structure
suggests that it should be included in List I in the Annex to Directive
76 / 464 / EEC under point 1 , " Organohalogen compounds and substances which may
form such compounds in the aquatic environment ".
Having examined the characteristic properties of HCBD in the light of the
three criteria for inclusion in List I - toxicity ,                          persistance ,
bioaccumulation - the Commission proposes that HCBD be considered a substance
belonging to this list and that the previsious required be laid down .
This proposal is based on the opinion of the Scientific Advisory Committee on
the Toxicity and Ecotoxicity of Chemical Compounds ( Report on the Committee 's
activities 1979-1983 , pp . 82-84 , April 1983 ) and on the experts' reports
prepared for the Commission .
The following factors concerning HCBD support this decision
1.      its moderate toxicity       for fish    ( LD 50 = 0.09 mg / l ) and highly acute
        chemical toxicity for mammals ( LD 50 = 50 mg / kg live weight for rats );
 ---pagebreak---                                          - 11 -
 2 . its fairly high persistence (half-life of 6 to 7 days ) and its
      accumulation in sediments ( 10 to 100 times the concentration of water);
3. its bioaccumulation ( average concentration coefficients            in living
      organisms of between 100 and 1000 ).
Concentrations of 0.004 to 0.9^ug/ l have been reported in surface waters , with
frequent contamination of aquatic sediments .
With the aim of preventing any further deterioration, the Commission proposes
that a general "standstill " obligation be introduced ( Provision V ( 84 ) in
Annex II ).
In the general context of the pollution of the aquatic environment by
dangerous substances, HCBD ranks low in the list of pollutants presenting a
hazard for the environment ( Rank 360 - SRI International - Report 786/86 ,
p. 43 ), essentially because it appears only subsidiarily as an impurity in the
processes for manufacturing other chemical substances .
3.2 . 2 . 2 Itlfl-iDduatrial plants concerned
This proposal essential lly concerns industrial plants carrying out operations
for the production of perchloroethylene ( PER ) and carbon tetrachloride by
perchlorination .
HCBD is     a manufacturing by-product that cannot be used except for certain
limited     purposes involving very small quantities ( as a mechanical energy
transfer     fluid, dielectric, solvent in chlorination reactions for certain
chemical    compounds , catalyst in the rubber industry etc .).
Relative ioportance of the sector producing perchloroethylene and carbon
tetrachloride by perchlorination
 ---pagebreak---                                          - 12 -                                      V
(a) the operations for the production of tetrachloroethy lene ( PER ),        carbon
    tetrachloride ( CCl ^),     and trichlorethy lene ( TRI ) are closely linked in
    industrial practice at least as regards certain manufacturing processes .
    These      processes  contribute   to  the  total output    of HCBD  in  varying
    proportions .
    1.    Production of PER and TRI by chlorination of acetylene ( Wacker-Chimie
          process ) .
          HCBD in residues represents _+ 1% of output .
    2 . Production of PER and CCl ^ by chlorination of ch loro-hydrocarbons
          (c2-c 3 )
          HCBD in the residues represents 1.2-6% of production .
    3.    Production of PER by oxychlorination of ethylene
          HCBD in the residues represents _+ 2% of production .
    4.    Production of PER by catalytic chlorination of ethylene .
          HCBD in the residues represents +_ 1% of production .
    5.    Production of PER and TRI by thermal cracking of tetrachloroethane
          This process gives rise to unquantifiable residual HCBD .
(b) A large proportion of HCBD produced , in particular in the processes
     referred to in points 1 and 2 , will be recycled ;
    - the quantities of HCBD produced and not recycled is estimated at
        +_ 10 000 t /year ( reference year 1980);
    -   this quantity of non-useable HCBD must therefore be              regarded as
        "waste ", of which :
          ( a ) between 5 580 t and 6 120 t are incinerated ( at sea and on land ),
          ( b ) between 1 600 t and 2 440 t are dumped in controlled tips ,
          ( c ) about 1 000 t are marketed .
 ---pagebreak---                                         - 13 -
(c )   HCBD is produced at some fifteen PER production sites Located in seven
       Community countries :   one in Belgium, one in the United Kingdom, two in
       Spain, three in France, one in the Netherlands ,       four in the Federal
       Republic of Germany and one in Italy .
3.2 .2 .3  Liait values for ewission standards
           Heading A ( 84 ). Annex II
The sector for the production of perch loroethylene and carbon tetrachloride by
perchlorination is responsible for sporadic discharges of effluents .        HCBD
emissions are essentially due to losses in handling or cleaning of production
equipment or during production incidents .
The quantity of thus HCBD discharged into the aquatic environment is estimated
at +_ 1%, i.e. + 10 g of HCBD /t of PER + CCl^ production capacities .
Conventional treatments of effluent containing aromatic hydrocarbons can be
used ( steam stripping, activated carbon adsorption, ozone, solvent extraction,
filtration etc .), which will reduce this value by some 90% , giving +_ 2.5 g of
HCBD / t of PER + CCl^ production capacity as a monthly average or 5 g of HCBD/ t
of PER + CCL^ production capacity as a daily average .
Since it is possible to control the flow of effluent used ( washing down
premises, treatment of gases), it is proposed to refer to a theoretical volume
of effluent of 1       per tonne of PER + CCl^ production capacity .
On the basis of this flow , the maximum admissible concentration of HCBD would
be + 2.5 mg / l of effluent as a monthly average or 5 mg / l of effluent as a
daily average .
The time limit for complying with this limit value for emissions is
1 January 1988 . A simplified monitoring procedure may be introduced if annual
discharges do not exceed 1 kg per year .
 ---pagebreak--- 3.2 . 2 . 4 C.t .•••>.> i ly obiecvhft-.s
            Heading B ( 84 ). Annex II
The Scientific Advisory Committee on Toxicity and Ecotoxicity of Chemical
Compounds based its work on the ecotoxi cological study by G. Ourisson and
P. Koch entitled " I'evaluation de I'impact de l ' hexach lorobutadi ene , de
l 'endosulf an , du pentachlorophenol , des trichlorophenols sur l 'envi ronnement
aquatique ", November 1980 .
The Committee considers that              the concentration of hexachlorobutadiene ( HCBD )
into fresh water and in salt water must be as low as possible and in any case
must not exceed 0.1^ug / l ( Report on the Committee 's activities 1979-83, pp .
82-83 , April 1983 ).
The Commission accepts this opinion and proposes this value for the waters
referred to in Article 1 of Directive 76 / 464 / EEC .
3.2.2.5     Spécifie programme to reduce pollution under
            Article 5 of the framework Directive 86/280/EEC7 :
            Footnote * Annex II , Provision V ( No 84 )
Article 5 of Directive 86 / 280 / EEC applies in respect of HCBD to production
plants using HCBD for technical                 purposes  ( as mechanical energy transfer
fluids , dielectric etc .).
The Commission proposes that the specific programmes for reducing pollution
from these production plants should be drawn up case by case by the
Member States .
3.2.2.6.      Method of weasureaent . Heading C ( 84 ). Annex II
The reference method of analysis advocated is gas chromatography with electron
capture detection after extraction by means of an appropriate solvent .
The limit of determination , depending on the number of extremeous substances
present in the sample , is approximately 10 ng / l for the aquatic environment ,
1 /ug / l for effluent and 10^ug /kg for sediment and organisms .
70J No L 181 , 4.7.1986, p. 16 .
 ---pagebreak---             PROPOSAL FOR A COUNCIL DIRECTIVE AMENDING                                                            ANNEX II
                           TO                  DIRECTIVE          86/ 280/ EEC         ON LIMIT VALUES AND
                QUALITY OBJECTIVES FOR DISCHARGES OF CERTAIN DANGEROUS SUBSTANCES
                                              INCLUDED IN LIST I OF THE ANNEX
                                        TO DIRECTIVE 76/ 464/ EEC ( 2ND AMENDMENT)
    THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
    Having regard to the Treaty establishing the European Economic Community, and
    in particular Article 130 S ,
    Having regard to Council Directive 76/464/ EEC of 4 May 1976 on pollution
    caused by certain dangerous substances discharged into the aquatic environment
    of the Community^ and in particular Articles 6 and 12 thereof,
    Having regard to the proposal from the Commission ,
          0J No 129, 18.5.1976, p. 23
Provisional address : Rue de la Loi 200 • B-1049 Brussels - Belgium - Téléphoné direct line 23  téléphoné exchange 235 11 11 • 23611 11
Telex COMEU B 21877 - Télégraphie address COMEUR Brussels
 ---pagebreak---                                                2
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
introduces a system of prior authorization laying down emission standards for
discharges of the substances in List I in the Annex thereto ; whereas Article 6
of the said Directive provides that limit values shall be laid down for such
emission standards and also quality objectives for the aquatic environment
affected by discharges of the substances ;
Whereas Member States are required to apply the limit values except in cases
where they may employ quality objectives ;
Whereas the dangerous substances covered by this Directive have been chosen
mainly on the basis of the criteria adopted in Directive 76 / 464 / EEC ;
                                    2
Whereas Council Directive 86/280/EEC needs to be adjusted, and supplemented , on proposals
from the Commission ,          in line with      developments in scientific knowledge
relating principally to the toxicity ,            persistence and accumulation of these
substances in living organisms and               sediments ,     or in the event of an
improvement in the best technical means           available ,
HAS ADOPTED THIS DIRECTIVE :
 2
   OJ No L 181 , 4.7.1986 , p.16
 ---pagebreak---                                         - 3 -
                                     Article 1
Annex II to Council Directive 86 / 280 / EEC is hereby amended as follows :
1.  The following text      is    added under the title , after point 4 :
    " 5 . Relating to hexachlorobenzene
      6 . Relating to hexachlorobutadiene".
2.  The following text     is     added after heading C concerning "drins ":
 ---pagebreak---      V.   Specif ic provi ^- . n ; relating to hexachlorobenzene ( HCEO ( No 8?’>
                                                           ■jk «4»
                                       CAS :  113 - 74 - 1
Standstill.;   the concentration of HCB in the aquatic envi ronment ,                      sediments
               and / or molluscs     and / or shellfish             and / or fish must not  increase
               significantly with time .
 Article 5 applies to industrial plants producing quintozene and tecnazene ,
 industrial plants producing chlorine by                           chlor-alkali electrolysis with
 graphite electrodes ,           industrial rubber                 processing plants and plants
 manufacturing pyrotechnic products .
   CAS ( Chemical Abstract Service ) number .
 ---pagebreak---                      Heading A ( 83 ): Limit values for emission standards
                                                                                               I
      Type of    J       Type of   j          Limit values expressed as         To be complied |
industrial plant |       average                                                 with as from  |
                           value   I           weight       concentration     r                I
                                   I                                                           I
                                   I                                                           I
  HCB             I   Monthly      I       10 g HCB /t      1 mg / l of HCB        1.1.1988
  production      |                j      of HCB prod .
  and processing |                 I       capacity
                       Dai ly      I       20 g HCB / t     2 mg / l of HCB        1.1.1988
                                   I      of HCB prod ,
                                   j       capacity
                       Monthly     I       1.5 g HCB/ t    0.15 mg / l of HCB       1.1.1991
                                   j       of HCB prod ,
                                   j       capacity
                       Dai ly      I       3 g of HCB / t  0.3 mg.l of HCB          1.1.1991
                                   j       of HCB prod ,
                                    j      capacity
 Perchloethylene j     Monthly      i      2.5 g HCB / t   2.5 mg / l of HCB         1.1.1988
 production and
 carbon tetra-
                   |
                   j
                                    jj of    PER + CCl4
                                         prod , capacity
 chloride prod . |
 by                I
 perchlorination |     Dai ly        I     5 g HCB/ t       5 mg / l of HCB          1.1.1988
                                     jj of  PER + CCl4 ,
                                        prod , capacity
      *A simplified monitoring procedure may be introduced if annual discharges do
       not exceed 1 kg a year .
 ---pagebreak---                             Heading B ( 83 ): Quality objectives
                                          ■ ■ "   1    /     ■ -■ ■
(
                    1                 1                             1                        1
                                                                                             i
j     Environment   1      Quality    I    Unit of measurement      1    To be complied with ¡
!                   !     Objective   |                             1          as from       ¡
!                   t
                    !                 1                             1                        i
                                                                                    \
1                   1                 1                             1                         i
¡Inland surface     1        0.05     1             , ug / l        1          1.1.1988       !
1 waters            1        0.01     I             , ug / l        1          1.1.1991       j
1                    1                I                              1
1                    1                I                              1                         i
¡Estuary waters      1       0.05      I            y-ug / l          1        1.1.1988        ¡
¡                    1       0.01      I            , ug / l          1        1.1.1991         ¡
1                    1                 I                              1                         i
1                    1                 I                              1                         I
 ¡Internal coastal 1         0.05      I            , ug / l          1        1.1.1988         I
 ¡waters other than |        0.01      I            y-ug / l          1        1.1.1991         i
 ¡estuary waters     1                 I                              1                         !
 1                   1                 I                              1                         I
 1                   1                 I                              1                         I
 1 Territorial       1       0.01       I           , ug / l           1        1.1.1988         I
 ¡waters              1                 I                              1                         I
                      1 ,               I              \
                                                                       1                         !
 ---pagebreak---                      CC83 ): Reference method of measurement
1.   The reference method of measurement to be used for determining the
     presence of HCB in effluents and the water environment is gas
     chromatography with electron capture detection after extraction by means
     of an appropriate solvent .
     The limit of determination* for HCB is approximately 10ng / l for the water
     environment and 1,ug / l for effluents depending on the number of extraneous
     substances present in the sample .
2.   The reference method to be used for determining HCB in sediments and
     organisms is gas chromatography with electron capture detection after
     appropriate preparation of the sample .      The limit of determination* is
     10,ug / kg .
3.   The accuracy and precision of the method must be _+ 50% at a concentration
     which represents twice the value of the limit of determination .*
*The " limit of determination" xg of a given substance is the smallest
  quantity, quantitatively determinable in a sample on the basis of a given
  working method, which can still be distinguished from zero .
 ---pagebreak---               VI .   Specific provisions relating to Hexachlorobutadiene
                              ( HCBD ) ( No84 ) - CAS - 87- 68- 3
    Standsti ll : The concentration of HCBD in the water environment sediments
                   and / or molluscs and / or shellfish and / or fish must not increase
                   significantly with time .
*£rticle  5 applies to industrial plants using HCBD for technical purposes .
  CAS ( Chemical Abstract Service ) number .
 ---pagebreak---                                                       - 9 -
                            Heading A ( 84 ): Limit values for emission standards
     I                   I                I
     I      Type of     J       Type of   I       Limit values expressed as       To be complied
     ( industrial plant |      average (                                           with as from
     I                   I       value j           weight      | concentration
     I                   I                                     I
     I                   I                I                    I
     | Perchloro-        |                I         2.5g       I     2.5mg / l      1.1.1988
     ( ethylene          |                I     of HCBD / t of I     of HCBD
     ( production        j                       production (
     ¡Carbon tetra-      j                      capacity of j
     ( choride           |      Monthly   |      PER + CCI .
     ( production by     (                                   4 I
     jperchlorination    (                I
      II                 II                !I
     I                    I      Daily      I        5g        I      5mg / l       1.1.1988
     I                    I                      of HCBD / t   I     of HCBD
     I                    I                 I  of production (
       I                  I                 I   capacity of j
       I
       I
                          I
                          I
                                            I
                                            I
                                                  PER +CCl4 I
' *■»-.
                                                                                                 < , •
   -4 _
             *A simplified monitoring procedure may be introduced if annual discharges do
              not exceed 1 kg a year .
 ---pagebreak---                           Heading B ( 84 ): Quality objectives
1                   1               1                          I
1     Environment   |    Quality    |    Unit of measurement   I    To be complied with I
1                   !   Objective   |                          I             as from    I
1                   1               1                          I                        I
1                   1               1                           I                       I
1 Inland surface    |      0.1       I          , ug / l        I            1.1.1988   I
Iwaters             |                I                          I                        I
1                   1                I                          I                        I
1 Estuary waters    |      0.1       I          y-ug / l        I            1.1.1988    I
1                    1               I                           I       1
                                                                           1
                                                                                         I
1                    1               I                           I                       I
 1 Internal coastal |      0.1       I          y-ug / l         I           1.1.1988    I
 Iwaters other than |                I                           I                       I
 lestuary waters     |               I                           I                       I
 1                   1               I                           I                       I
 1                   1               I                           I                        I
 ( Territorial       |     0.01       I          /• ug / l       I           1.1.1988     I
  Iwaters             |               I                           I                       I
                                      !                           I                       I
 ---pagebreak---                                         - 11
                   Heading C(84 ): Reference method of measurement
1.   The reference method of measurement to be used for determining HCBD in
     effluents and the water environment is gas chromatography with electron
     capture detection after extraction by means of an appropriate solvent .
     The limit of determination      for HCBD is approximately 10ng / l for the water
     environment    and 1,ug / l  for effluents ,    depending on the number of
     extraneous substances present in the sample .
2.   The reference method to be used for determining HCBD in sediments and
     organisms is gas chromatography with electron capture detection after
     appropriate preparation of the sample .        The limit of determination* is
      10,ug / kg .
3 . The accuracy and precision of the method must be + 50% at a concentration
      which represents twice the value of the limit of determination .*
 *The " limit of determination" Xg of a given substance is the smallest
   quantity, quantitively determinable in a sample on the Jaasis of a given
   working method, which can still be distinguished from zero .
 ---pagebreak---                                                12 -
                                           Article 2
1.  Member States      shall     bring    into    force    the    laws ,     regulations     and
    administrative provisions necessary to comply with this Directive                     by
    1 January 1990 .                      They shall     forthwith    inform the Commission
    thereof .
2.  Member States shall communicate to the             Commission , immediately after adoption, the
    texts of the main provisions of national law which they adopt in the field governed by this
     Di rective .
                                           Article 3
This Directive is addressed to the Member States .
                                                            Done at
                                                            For the Council
                                                            The President ,
                                                            The President
 ---pagebreak--- /
                              COMPETITIVENESS AND EMPLOYMENT IMPACT STATEMENT
  I.       . What is the main reason for introducing the measure ?
             - What is the policy objective : jSXKXted., environmental , HX)$)ftOO0<lX><McK!x*fc/
               . etc ?
                                                       •»
             - what is the EC issue ? must action be taken at the Community rather
                 t>h;,n nstional or local love >- ? Yes, for harmonisation and concurrence .
             - what would happen it the measures were not introduced ?
                 (" measures " should be taken to. mean any EC proposal , or regulation ). – .
                   Water pollution will increase .
  II .                       S'.1 .      1 JS -. ne sses in Question
             - Dnos the jiropnr. a I have implications for business ?           No .
             - Wl.at type of businesses : sector , si*e , location , how many ?
             In parti cular :
             a > fer g there m any S M E ' s ?
    :     . - Dees the proposal have partular implications for SME 's ?
             - will the proposal encourage or discourage the formation of new SME 'S ?
             b)           they concentrated in regions which are :
             i ) elioible for regional aid in Member States or ii ) eligible for ERDF ?
             - does the proposal have implications for competition ?
             - will its effects he felt most in certain areas pf the Community ?
  III .      Whst_ obligations doc s th i s mea sure impose directly on businesses ?
        . ’ - Whai will businesses have to do to comply with the proposal ?
                   NOTHING .
             - Will this involve them in additional costs ?
                   N0 .
             - will the proposal stop businesses from continuing with any present
                 activity ?
                   N0 .
             - What would happc-ti if the proposal did not go ahead ?
                  WATER POLLUTION WOULD INCREASE .
             - will the proposal add to or reduce administrative costs ?
                  NEITHER . *
                                    •/
  IV.        Wh a t i nd i r r- t ob l i a t i on s are nation a l , regional or local authorities
             l i >• e l y t o_i npose C' businesses ?
             - r.oor the prcr.os'l require action by national governments or local
                 agrr.'H t i f-r       ?
                 YES .      NATIONAL GOVERNMENTS WILL BE REQUIRED TO FIX EMISSION STANDARDS
                  FOR THE AUTHORIZATION’ OF DISCHARGES INTO WATER, AND TO MONITOR WATER
                 QUALITY .                           »
 ---pagebreak---        - will such action mean extra costs or obligations for .businesses 2 . THEY UTII
       BE   OBLIGED TO RESPECT EMISSION STANDARDS OR QUALITY OBJECTIVES , BOT SINCE THIS
       IS . ALREADY LARGELY PRACTISED , NO EXTRA COSTS WILL BE . INCURRED .                            .  •
       - What other organisations are involved with tne implementation of the
           proposal , in what way is their participation necessary ?
.V .   Are t here a ny sp e-cia I_p rovisions in respect of SME»'S ? Please specify :
       - is there any scope for exempting SME 's from the proposal ?
       - are SME 's likely to be stimulated by the proposal ?
       NO . ONLY LARGE CHEMICAL INDUSTRIES WILL BE AFFECTED .
 VI .  Wh t    is i lir I. i s e I \           r- ■' f e c t on :
       a ) t_he c ompetitiveness of businesses ? NO EXPECTED EFFECT .
            - wh , ; t are the expected effects of the proposal or market forces ?
               NO EXPECTED EFFECT .
            - will t IK- pr i                        1 1 affect the competitiveness of businesses in the
               ’ <•      jr i i i > r. mil !.- - if •••! with those outside ?
               NO, SINCE THE MEASURES ARE ALREADY LARGELY IMPLEMENTED IN THE COMMUNITY .
            - w s .j t would liupp-.n if the proposal did not go ahead ?
       1,1        •' i' 1 ; ■ . .                   NO EXPECTED EFFECT .
            - will th -- pro;.' ' 1 create new jobs ?                        if so , how many , in which
               locations , what type of job ( full time , part time ), what level of
               skill will be required , will retraining be necessary , etc . \
            - will the proposal remove existing jobs ?                           if so ,   how many , 'which
               location , what type of employees , etc . ?
            - whet would happen if the proposal did not go ahead ?
 VII . Have t           relevant representat ive organisations been co nsulted ?
       - er,(- 1. ny-'rs nr o-m isat ions
       - smell business ernar.i sat ions
       - labour organisations                                                                                –
       - liar,      t here hi on cor - ultation within Member States                     as well as at the
           Community level ? YES , IN THE COMMITTEE OF EXPERTS FOR DIRECTIVE 76/464/ EEC .
       - what opinion :; were expressed ?
            THE COMMISSION WAS ASKED TO SEND THIS PROPOSAL TO THE COUNCIL AS SOON AS
            POSSIBLE .
                                        V
                                                               9