CELEX: 51980PC0319
Language: en
Date: 1980-06-18
Title: PROPOSAL FOR A COUNCIL DECISION supplementing Annex IV to the Convention on the Protection of the Rhine against Chemical Pollution#COMMUNICATION FROM THE COMMISSION TO THE COUNCIL on the recommendation by the International Commission for the Protection of the Rhine against Pollution on controlling discharges of mercury by the chlor-alkali electrolysis industry

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (80) 319
Vol. 1980/0115
 ---pagebreak--- Disclaimer
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
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file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                 COM(80)319\             . ,■ χ
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                         PROPOSAL FOR A COUNCIL DECISION
           supplementing Annex IV to the Convention on the Protection
                     of the Rhine against Chemical Pollution
               COMMUNICATION FROM THE COMMISSION TO THE COUNCIL
       on the recommendation by the International Commission for the
           Protection of the Rhine against Pollution on controlling
      discharges of mercury    by the chlor-alkali electrolysis industry
                  (presented by the Commission to the Council )
COM ( 80 ) 319 final
 ---pagebreak--- Explanatory nemorandum
Background . "
On 25 July 1977 , the Council decided to conclude the Convention on
the Protection of the Rhine against Chemi ca l-- Pol lution and the
Additional Agreement to the Agreement signed in Berne on 29 April
1963 on . the International Commission for the Protection of the
Rhine against Pollution C77 /586 / EEC) .1
The Convention and the Additional Agreement were signed in Bonn on
3 December 1976 by the Federal Republic of Germany , the French ,
Republic , the Grand Duchy of Luxembourg , the Kingdom of the
Netherlands , the Swiss 'Confederation and the European Economic
Community , and entered into force on 1 February 1979 .
Under the Council Decision of 25 July 1977 , the Community is
represented by the Commission within the International Commission
for the Protection of the Rhine against Pollution .
The purpose of the Convention on the Protection of the Rhine
against Chemical Pollution ( hereinafter called the " Convention ")
is to eliminate or reduce the pollution of the surface waters of
the Rhine basin by dangerous substances of the families and groups
of substances   listed in Annexes I and II to the Convention .
Consequently , it has the same objectives and, in many respects ,
lays down the same measures as Council Directive 76 / 464 / EEC of
4 May 197ff*on pollution caused by certain dangerous substances
discharged into the aquatic environment of the Community.2
To become a contracting party to the Convention , the Community had
to accede to the Agreement signed in Berne on 29 April 1963 on the
International Commission for the Protection of the Rhine against .
Pollution ( hereinafter called the " Internationa I Commission ") .
To this end the said Agreement has been amended by the Additional ,
Agreement referred to above .
Purpose of the proposal                    -
Articles 5 and 14 of the Convention provide for the International
Commission to , propose to the Contracting Parties limit values for
the discharge of the substances listed in Annex I into the waters
of the Rhine . These proposals enter into force after their
unanimous adoption by the Contracting Parties and are then
included in Annex IV to the Convention .
  OJ L 240 of 19.09.1977 , page 35 .
2 0J L 129 of 18.05.1976, page 23 .
 ---pagebreak---                                                                            3
                                   - 6 -                 •
      This adoption must be notified to the Government of the Swiss
      Confederation .
      The first proposals of the International Commission are concerned
      with discharges of mercury and its compounds by the chlor-alkali
      electrolysis industry , which are the main point source of mercury
      emissions into the Rhine .
      It is proposed that the limit values - expressed in terms of con­
      centration and maximum quantity - should be set , as well as a time-
      limit in respect of the discharges by the chlor-alkali electrolysis
      industry .
1.3 . Participation by the Commission in the drafting of the proposal
      and consistency with Community measures
      This proposal was drawn up and adopted by the International
      Commission .  The Community , represented by Commission departments ,
      took part in the preparatory work and helped, in particular , to
      ensure that the results of this work should be consistent with the
      implementation of Council Directive 76 /464 / EEC of 4 May 1976'' .
      As part of the application of this Directive , the Commission ,
      incidentally , put before the Council on 20 June 1979 a proposal
      for a Directive on limit values for discharges of mercury into the
      aquatic environment by the chlor-alkali electrolysis industry^.
      This proposal to the Council contains measures which are compatible
      with the proposal made by the International Commission , apart from
      the time limits for the limit values - which are shorter in the
      case of the Rhine .
      The latter proposal provides that the limit value of 0.5 g of
      mercury per tonne of chlorine production capacity be applied by the
      Contracting Parties on 1 July 1983 at the latest .
      This measure , which is justified by the wish of the Contracting
      Parties to the Convention to eliminate mercury pollution in the near
      future , is compatible with Directive 76 / 464 / EEC , Article 10 of
      which provides that " where appropriate , one or more Member States
      may individually or jointly take more stringent measures than those
      provided for under this Directive ",                   .      <•      ,
        0J L 129 of 18.05.1976 , page 23 .
      2 0J C 169 of 06.07.1979, page 2 .
 ---pagebreak--- 1.4 .  Consultation of the European Parliament
       The powers for the actions required for the adoption of this
       present decision are not included in the Treaty establishing the
       EEC , and it is necessary to have recourse to Article 235 of that
       Treaty . In view of the content of that Article , the opinion of
       the European Parliament is necessary .
1.5 .  Recommendation to the Council
       In conclusion , the Commission recommends that the Council adopt
       this proposal from the International Commission for the Protection
       of the Rhine against Pollution and take note of the Recommendation
   1 , set out at point 2 hereafter .
 ---pagebreak---                                                                        6
                             - 8 -
          Proposal for a Council Decision supplementing Annex IV
          to the Convention on the Protection of the
          Rhine against Chemical Pollution
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic
Community , and in particular Article 235 thereof ,
Having regard to the proposal from the Commission ,
Having regard to the opinion of the European Parliament ,
Whereas by Council Decision 77 / 586 / EEC of 27 July 1977 the EEC
concluded the Convention for the Protection of the Rhine against
Chemical Pollution ( hereinafter called the " Chemical Convention ")
and the Additional Agreement to the Agreement signed at Berne on
29 April 1963 concerning the International Commission for the
Protection of the Rhine against Pollution ( hereinafter called the
 International Commission );
                                            #
Whereas ,    under      Article 5 of the Chemical Convention the
International Commission is to propose , by means of amendments to
Annex IV to the Chemical Convention , limit values for the discharge
of certain substances into the surface waters of the Rhine basin
whereas under Article 14 of the Chemical Convention      unanimous
adoption by the Contracting Parties to the Convention is required
for the entry intoforce of such amendments ;
Whereas the International Commission has established limit values for
mercury in the form of a proposal intended to supplement Annex IV
to the Chemical Convention ;
Whereas it is desirable that the Community, as a Contracting Party
to the Chemical Convention , adopt the abovementioned
proposal ;
HAS DECIDED :
                          Article 1
The proposal from the International Commission for the Protection
of the Rhine against Pollution intended to supplement Annex IV to
the Convention for the Protection of the Rhine against Chemical
Pollution, signed in Bonn on 3 December 1976 , is hereby adopted
on behalf of the European Economic Community .
The text of the proposal is annexed to this Decision .
 OJ No L 240 , 19.9.1977 , p.                                • • 9 m m
 ---pagebreak---                                                                Jo.
                           - 9 -
                        Article 2
                          111     1
The President of the Council will notify the Government of the
Swiss Confederation, in accordance with Article 14 of the Convention
of the adoption of the proposal referred to in Article 1 .
                                    Done at Brussels /
                                    For the Council ,
                                    The President ,
 ---pagebreak---                                                . ■/ ,         _ . ¥
                             - 10 -
                  RECOMMENDATION FOR A PROPOSAL
FROM THE INTERNATIONAL COMMISSION FOR THE PROTECTION OF THE RHINE
AGAINST POLLUTION
to supplement Annex IV to the Convention for the Protection of the
Rhine against Chemical Pollution, signed in Bonn on 3 December 1976 .
The International Commission for the Protection of the Rhine against
Pollution,
Having regard to the Convention for the Protection of the Rhine
against Pollution ,
Having regard, in particular Articles 3 , 4,^.5 and, 14 thereof .
Proposes to the Contracting Parties to the Convention that Annex IV
to the Convention of 3 December 1976 be supplemented as follows in
respect of mercury :
 ---pagebreak---                                                                                                            Annex 1
                                                        - 11 -
                                             LIMIT VALUES ( Article 5 )
  Substance                   Limit value in terms of       Limit value in terms of     T ime-limit
                  Origin      the maximum concentration     the maximum quantity        for existing            Remarks
  or group of
  substances                  of a substance                of a substance              discharges
                                                                                           i
  Mercury       Chlor-alkali  The limit values in terms     A monthly average of 1 ,      1 July 1983 The limit values set out
                electrolysis  of the maximum concentra­     0.5 gramme of mercury                     in the preceding columns
                establish - - tion of mercury are           per tonne of chlorine                     are to be applied to
                ments         calculated by dividing        production capacity .                     mercury deriving from
                              the limit value in. terms     A daily average of                        production activity and
                              of the maximum quantity       2 grammes of mercury                      must therefore be
                              of water used per tonne       per tonne of chlorine                     observed at the outlet
                              of chlorine production        production capacity                       from the production
                              capacity                                                                plants .
                                                           - • •   *      v       * •
                                                                                                      As regards measuring ,
                                                                                                      analysing and sampling
                                                                 \             '      •
                                                                                                      methods , see the
                                                                                                      recommendation of the
                                                                                                      International Commission
                                                                                                      dated 28 December 1979
Pursuant to Articles 14 and 19 of the Convention , the measures set out in the above table will enter into force after
their unanimous adoption by the Contracting Parties to the Convention . The Contracting Parties will notify their
adoption to the Government of the Swiss Confederation, which will acknowledge reception of notification .
 ---pagebreak---                           - 12 -
Communication from the Commission to the Council on the
recommendation from the International Commission for the
Protection of the Rhine against Pollution on the control
of discharges of mercury by the chlor-alkali electrolysis
industry .
 ---pagebreak--- Communication by the Commission to the Council containing the
recommendation drawn up by the International Commission for the
control of discharges by the chlor-alkali electrolysis industry .
Articles 12 and 13 of the Convention provide that " the International
Commission shall , where applicable , draw up recommendations with the
aim of progressively improving application of the said Convention
and shall draft recommendations with a view to achieving comparable
results by the use of appropriate methods of measurement and
ana lysis ".                                " .
The International Commission has accordingly drawn up recommanda-
tions which it is sending to the Contracting Parties for their
information . These recommendations are concerned with discharges of
mercury by the chlor-alkali electrolysis industry, which are the
subiect of the proposal for a Council Decision referred to in
point 1 .                         '•                                  , ,
The recommendations refer to :
       (i)     the calculation of limit- values expressed in terms of
             . maximum concentration of mercury in waste water and the
               preservation of the measurement results :
     ( ii )    a method of reference analysis ;
    fi i i )   sampling .                 .
The recommendations correspond, in essence , to the provisions set
out in the proposal for a Council Directive on limit values for
discharges of mercury into the aquatic environment by the chlor­
alkali electrolysis industry ^.
  OJ C 169 of 06.07.1979
 ---pagebreak---                                                        Annex 2
                             - 14 -
                        RECOMMENDATIONS
 In view of its proposal of 27 and 28 June 1979 at Baden ,
 Switzerland, on the limit values for discharges of mercury by
the chlor-alkali electrolysis industry , the International
 Commission for the Protection of the Rhine against Pollution
makes the following recommendations to the Contracting Parties
to the Convention for the Protection of the Rhine against Chemical
Pollution , pursuant to the provisions of Articles 12 and 13
thereof :
Proceeding from the fact that a monthly average of 715 litres of
waste water is polluted by mercury per tonne of chlorine production
capacity , the maximum concentration/ taking account of the maximum
quantity of mercury set at 0.5 gramme per tonne of chlorine
production capacity , must not exceed a monthly average of 0.7
milligrammes of mercury per litre of waste water .
Proceeding also from the fact that a maximum daily average of
2,000 litres of waste water is polluted with mercury per daily
tonne of chlorine production capacity , the maximum concentration ,
taking account of the maximum quantity set at 2.0 grammes of
mercury per tonne of chlorine production capacity must not exceed
a daily average of 1.0 milligramme of mercury per litre of waste
water .
 If there is more waste water deriving from production , the
 concentrations must be reduced in inverse proportion . If the
 quantity of waste . water is reduced by special measures aimed at
 saving water without exceeding the maximum quantities of mercury ,
 the maximum concentrations may be increased in inverse proportions .
 Where waste water deriving from production is diluted with others
 waste water , this value is to be divided by the corresponding
 dilution factor .
 The monthly average values of discharges are obtained from the
-daily averages by applying the results of analyses of statistically
 representative daily samples *
 The monthly average concentration corresponds to the relation
 between the monthly maximum quantity ( determined from daily
 quantities ) and the total monthly rate of out-flow .
        4
 The results of these determinations and of all measurements shall
 be kept for not less than four years .
 The competent authority shall minitor the emission standards . This
 may be done by means of measurements by the authority itself and / or
 checks on the samples taken and analysed by the manufacturer .
 ---pagebreak---                                                                  A
                             - 15 -
The Limit values set out in Annex IV for the discharge of mercury
by the chlor-alkali electrolysis industry relate to the determina
tion of mercury by flameless atomic absorption at 253.7 nm ( Hatch
and Ott cold vapour method) after xidation of the unfiltered
sample , reduction of mercuric ions by stannous chloride and
entrainment of mercury metal . j
Other equivalent analysis procedures may be used ninstead of the .
reference method described above .
The control of discharges in any particular case depends on the
specific conditions for each plant . The following control pro­
cedures may , for example , be applied : ' . -
       (i)  daily collection and analysis of mixed samples over
            24 hours proportional to the rate of out-flow ;
     ( ii ) collection and analysis of 24 mixed one-hour samples
            or corresponding mixed samples relating to several
            hours .                                -