CELEX: 51987PC0427
Language: en
Date: 1987-09-25
Title: Proposal for a COUNCIL DECISION concerning a supplement in respect of carbon tetrachloride to Annex IV to the Convention for the Protection of the Rhine against Chemical Pollution (presented by the Commission)#Draft Commission Communication to the Council concerning the recommendations of the International Commission for the Protection of the Rhine against Pollution on the monitoring of carbon tetrachloride discharges

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (87) 427
Vol. 1987/0226
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 ---pagebreak---   COMMISSION OF THE EUROPEAN COMMUNITIES
                                                    COM(87 ) 427 final
                                                    Brussels ,    September 1987
                                    Proposai for a
                                   COUNCIL DECISION
concerning a supplement in respect of carbon tetrachloride to Annex IV to the
     Convention for the Protection of the Rhine against Chemical Pollution
                           ( presented by the Commission )
                   Draft Commission Communication to the Council
    concerning the recommendations of the International Commission for the
          Protection of the Rhine against Pollution on the monitoring of
                          carbon tetrachloride discharges
  COM ( 87 ) 427 final
 ---pagebreak---                                   ъ                             ({
                      SUMMARY
The Council decided on 25 July 1977 to approve the Convention
for the Protection of the Rhine against Chemical Pollution ( 77 / 586 / EEC ).
In accordance with Articles 3 .. 4 .. 5 and 14 of this Convention , the
International Committee for the Protection of the Rhine has drawn up :
- a proposai designed to supplément Annex IV to the Convention , and
- a recommendation on the monitoring of carbon tetrachloride discharges .
Both the proposal , which will enter into force after unanimous
adoption by the Contracting Parties to the Convention , and the
Recommendation concern discharges of carbon tetrachloride into the Rhine .
The measures put forward are largely compatible with the provisions
laid down in the Annexes to Directive 86 / 280 / EEC of 12 June 1986
on limit values and quality objectives for discharges of certain
dangerous substances included in List I of the Annex to Directive
76 / 464 / EEC .
 ---pagebreak---                                         3
    EXPLANATORY MEMORANDUM
1 . Background
    The Council decided on 25 July 1977 to approve the Convention for the
    Protection of the Rhine against Chemical Pollution and an Additional
    Agreement to the Agreement , signed in Berne on 29 April 1963 , concerning
    the International Commission for the Protection of the Rhine against
    Pollution ( 77 / 586 / EEC ) ( 1 ).
    The Convention and 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 ; they came into force on 1 February 1979 .
    The aim of the Convention for the Protection of the Rhine against Chemical
    Pollution ( hereinafter referred to as the " Convention ") is to eliminate or
    reduce pollution of the surface waters of the Rhine basin by dangerous
    substances in the families and groups of substances appearing in Annexes I and
    II to the Convention . Consequently , it pursues the same objectives and
    provides in many respects for the same measures as Council Directive 76 / 464 / EEC
    of 4 May 1976 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 become
    a Contracting Party to the Agreement signed in Berne on 29 April 1963
    concerning the International Commission for the Protection of the Rhine
    against Pollution ( hereinafter referred to as the " International Commission ").
    To this end , the said Agreement was amended by the Additional Agreement of
    3 December 1976 .
    Under the terms of the Decision of 25 July 1977 the Community is represented
    by the Commission in the International Commission for the Protection of the
    Rhine against Pollution .
2 . Aim of the proposal
    Articles 5 and 14 of the Convention provide that the International Commission
    should propose limit values to the Contracting Parties for the discharge of
    the substances listed in Annex I into the surface waters of the Rhine .
    These proposals enter into force after unanimous adoption by the Contracting
    Parties and are then included in Annex IV to the Convention .    This must be
    notified to the Government of the Swiss Confederation .
    ( 1 ) OJ L 240 of 19.9.1977, p. 35
    ( 2 ) OJ L 129 of 16.5.1976 , p. 23
 ---pagebreak---                                        ~i ~
    This procedure has already been used for limit values applying to mercury
    discharges from the chlor-alkali electrolysis industry and to cadmium
    discharges , giving rise to the Council Decision of 24 June 1982 ( 82 / 460 / EEC ) ( 3 )
    concerning a supplement in respect of mercury to Annex IV to the Chemical
    Convention , as notified to the Swiss Government on 1 March 1983 , and to the
    Council Decision of 27 June 1985 ( 85 / 336 / EEC ) ( 4 ) concerning a supplement
    in respect of cadmium to Annex IV .
    A proposal from the International Commission designed to supplement Annex IV
    to the Chemical Convention in respect of the mercury discharges from other
    sectors is currently the subject of a proposal for a similar Council Decision .
    The proposal from the International Commission to supplement Annex IV to the
    Convention in respect of carbon tetrachloride was sent to the Commission by
    the Government of the Swiss Confederation on 29 January + 987 for adoption
    by the Community .
    This proposal is accompanied by recommendations from the International
    Commission dated 3 June 1986 on the application of limit values for carbon
    tetrachloride discharges .
    The proposal from the International Commission lays down limit values on
    emission standards and sets application deadlines for discharges into the
    Rhine of carbon tetrachloride from the following sectors :
    - production of carbon tetrachloride by perchlorination without washing ;
    - production of ch loromethanes by chlorination of methane ( including high -
        pressure chloi– alkali-electrolysis ) and from methanol ;
    - conversion into ch lorof luorocarbons .
    The limit values are expressed in terms of maximum concentration and maximum
    quantity except for the last two sectors where only the maximum concentration
    is laid down .
3 . Consistency with measures taken at Community level
    Represented by the Commission , the Community has played an active part in
    the work of the International Commission , in particular in Working Party B
    (" Water supply , hygiene and treatment of waste water "). Consistency of the
    International Commission proposal with the Community directives directly
    concerned is therefore assured .
    The preparation for this proposal was carried out in parallel with the
    Community work which led to the adoption by the Council of Directive 86 / 280 / EEC
    of 12 June 1986 on limit values and quality objectives for discharges of
    certain dangerous subs ances included in List I in the Annex to Directive
    76 / 464 / EEC ( 5 ).
    ( 3 ) OJ L 210 of 19.7.1982 , p. 8
    ( 4 ) OJ L 175 of 5.7.1985 , p. 36
    ( 5 ) OJ L 181 of     4.7.1986
 ---pagebreak---     Most of the provisions set out in this proposal are identical to the
    provisions laid down in Directive 86 / 280 / EEC and are compatible with
    the Community text .
    However , Directive 86 / 280 / EEC provides in addition for the establishment
    of limit values for the sector producing carbon tetrachloride by chlorination
    with washing . Since there is no such sector in the Rhine basin it was
    thought best not to include it in Annex IV to the Convention .
    When this recommendation was adopted by the International Commission the
    Community delegation reserved its position , stating that any decision taken
    within that forum would not prejudice the application of Community legis ¬
    lation by the Contracting Parties which are Community Member States .
4 . Consultation of the European Parliament
    The proposal for a decision is based on Article 130Sof the Treaty , under
    which the European Parliament must be consulted . This proposal must also
    be submitted to the Parliament for its opinion . The Commission considers
    that the opinion of the Economic and Social Committee on this proposal
    should also be requested .
 ---pagebreak---                                          G
                                     Proposai for a
                                   COUNCIL DECISION
concerning a supplement in respect of carbon tetrachloride to Annex IV to the
      Convention for the Protection of the Rhine against Chemical Pollution
   THE COUNCIL OF THE EUROPEAN COIWUNITIES ,
   Having regard to the Treaty establishing the European Economic Community ,
   and in particular Article 130S , thereof ,
   Having regard to the proposal from the Commission ,
   Having regard to the opinion of the European Parliament ,
   Having regard to the opinion of the Economic and Social Committee ,
   Whereas by Council Decision 77 / 586 / EEC ( 1 ) the Community
   approved the Convention for the Protection of the Rhine against Chemical
   Pollution ,  hereinafter referred to as the " Chemical Convention ", and the
   Additional   Agreement to the Agreement signed in Berne on 29 April 1963
   concerning   the International Commission for the Protection of the Rhine against
   Pollution ,  hereinafter referred to as the " International Commission " ;
   Whereas under Article 5 of the Chemical Convention the International
   Commission proposes limit values for the discharge of certain substances
   into the surface waters of the Rhine basin by way of amendments to Annex IV
   to the Chemical Convention ; whereas under Article 14 of the Chemical Convention
   unanimous acceptance by the Contracting Parties is necessary for the entry
   into force of those amendments ;
   Whereas the International Commission has established limit values for carbon
   tetrachloride in the form of a proposal designed to supplement Annex IV to
   the Chemical Convention ;
   ( 1 ) OJ L 240 , 19.9.1977 , p. 35 .
 ---pagebreak--- Whereas Council Directive 86 / 280 / EEC ( 2 ) lays down limit values for the
discharge of carbon tetrachloride into the aquati c envi ronment of the Community ;
whereas the limit values are identical to those set out in the proposal
of the International Commission ;
Whereas it is desirable that the Community , as a Contracting Party to
the Chemical Convention , should adopt the abovementioned proposal .
HAS DECIDED AS F0LL0WS :
                                 Article 1
The proposal from the International Commission for the Protection of the
Rhine against Pollution , intended to supplement in respect of carbon
tetrachloride Annex IV to the Convention for the Protection of the Rhine
against Chemical Pollution , is hereby adopted on behalf of the European
Economic Community .   The text of the proposal is attached to this Decision .
                                 Article 2
The President of the Council shall notify the Government of the Swiss
Confederation , in accordance with the procedures laid down by the Chemical
Convention , of the adoption of the proposal referred to in Article 1 .
                                                Done at Brussels , 17 September 1987
                                                For the Counci l ,
                                               The President
( 2) OJ L 181 , 4.7.1986 , p. 16 .
 ---pagebreak---                                                                    •■--» - ->r~ •"•--->■•           i  sas~i
fea  æâBSAUiSfcSi
                                                   arrara.
                                                                                                                                            XI / 101 / 87 - EN
                                                                                          PROPOSAL
    from the International Commission for the Protection of the Rhine against Pollution to supplement Annex IV to the Convention on 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 Chemical Pollution , signed in Bonn on 3 December 1976,
    Having regard in particular to Articles 3 , 4 , 5 and 14 thereof ,
    Proposes to the Contracting Parties to the Convention that Annex IV to the Convention be supplemented as follows in respect of
    carbon tetrachloride .
                                                           t--                                                              -r
         Substance                                           Limit value in terms of               Limit value in terms of  Time limit for
                                                             the maximum concentra ¬               the maximum quantity of  existing                           Remarks
         or group of               Origin
         substances                                          tion of a substance                   a substance              di scharges
                  1                    2                                  3                                  4                       5                          6
        Carbon        1 . Production of carbon                1,5 mg per litre of                   2,5 grammes of carbon       1 .1 . 1988              ( 1 ), ( 2 ), ( 3 ),
        tet ra ¬          tetrachloride by perchlori -        discharge                            tetrachloride per tonne                               ( 4 ), ( 5 )
        ch lori de        nation without washing                                                   of total production
                                                                                                   capacity of carbon tetra
                                                                                                   chloride and perchloro-
                                                                                                   ethvlene
                      2 . Production of chloro -              1,5 mg per litre of                   10 grammes of carbon        1.1.1988                 ( 1 ), ( 2 ), ( 3 ),
                          methanes by chlorination            di scharge                            tetrachloride per tonne                              ( 4 ), ( 5 )
                          of methane ( including high                                               of total production
                           pressure chlor-alkali                                                    capacity of chloro-
                           electrolysis ) and from                                                  methanes
                           met hano l
                     3.   Conversion into chloro -                                                                                                       (6)
                          f luorocarbons
 ---pagebreak--- If necessary , the Limit values for other industrial sectors , such as
establishments using carbon tetrachloride as a solvent , will be proposed
by the International Commission at a later stage . In the meantime , the
Governments will fix emission standards for carbon tetrachloride autonomously
in accordance with Articles 3 and 4 of the Convention .
These standards must take account of the best technical means available and
must not be less stringent than the nearest comparable limit value in Annex IV .
The provisions of this paragraph also apply where an industrial establishment
engages in other activities than those for which the limit values are laid
down in the above table which are likely to produce discharges of carbon
tetrachloride .
Pursuant to Articles 14 and 19 of thè Convention , these provisions will enter
into force after their unanimous adoption by thè Contracting Parties to thè
Convention .
The Contracting Parties will notify their adoption to the Government of the
Swiss Confédération , which will acknowledge réception of notification .
 ---pagebreak---                                             -\o -
( 1 ) The Limit values given in the table refer to maximum values of the
      average monthly concentration ( Limit values expressed as a concentration )
      or to the monthly discharge ( limit values expressed in weight ).
      The quantities of carbon tetrachloride discharged are expressed as a function
      of the characteristic element of the polluting activity , i.e. for the
      sector producing carbon tetrachloride by perch Lori nat ion , the total production
      capacity of carbon tetrachloride and perchloroethylene of the industrial
      establishment ; for the sector producing chloromethanes by methane chlorination
      or from methanol , the total production capacity of chloromethanes of the
      industrial establishment .
( 2 ) Whatever the case , the limit values expressed in terms of maximum concentration
      may not be higher than those expressed in terms of maximum quantity divided
      by water requirements in respect of the characteristic elements of the
      polluting activity .
      However , since the concentration of carbon tetrach loride in the effluent
      dépends on the volume of water involved , which varies according to the
      different processes and establishments , there must always be compliance with
      limit values expressed in terms of the quantity of carbon tetrachloride in
      respect of the characteri st i c element of the polluting activity .
( 3 ) The Limit values set out in thè table above refer to thè carbon tet rach lor i de
      content in a sample of all discharges from thè site of thè industriai
      installation .
      Where the waste water containing the CCl ^ is treated outside the industrial
      establishment in a treatment plant designed to eliminate it , Governments may
      allow limit values to apply at the point where the waste water leaves the
      treatment plant .
 ---pagebreak---       In view of the volatility of carbon tetrachloride and to prevent the
      pollution from being transferred to other médiums ( air ,. soil ), where
      a process requiring agitation in the open air of effluent containing
      carbon tetrachloride is used , Governments will require compliance with
      limit values upstream of the correspondi ng installations .   They must
      ensure that ail waters likely to be polluted are taken fully into account .
( 4 ) The average daily limit values are double the corresponding average
      monthly limit values shown in the table .
( 5 ) For measuring , analysis and sampling methods , see the recommendations of
      the International Commission of 3 June 1986 .
( 6 ) It is not possible at this time to adopt limit values for this sector .
      The International Committee will propose such values to the Contracting
      Parties to the Convention at a later date .
 ---pagebreak---                                         Iъ
                     Commission Communication to the Council concerning
                the recommendations of the International Commission for
            the Protection of the Rhine against Pollution on the monitoring
                          of carbon tetrachloride discharges
1 . Articles 12 and 13 of the Convention provide that the " International
    Commission shall make recommendations , as appropriate , designed gradually
    to improve thè implementation of thè Convention " and that " it shall work
    out draft recommendations for achieving comparable results by thè use of
    appropriate measuring and analysis methods ".
    In compliance with these provisions the International Commission has drafted
    recommendations which it is submitting to the Contracting Parties for
    information . These recommendations concern discharges of carbon tetrachloride .
    They involve :
    - the calculation of limit values in terms of the maximum concentration of
         carbon tetrachloride in discharges ;
    - a reference analysis method ;
    - the sampling and monitoring of discharges ;
    - the method of calculating the quantities of carbon tetrachloride
         discharged per month ;
    - the possibility of using a simplified procedure in certain spécifie cases .
    The recommendations correspond in the main with the provisions set out in
    the Council Directive of 12 June 1986 on limit values and quality objectives
    for discharges of carbon tetrachloride into the aquatic environment ( 1 ).
     ( 1 ) OJ L 181 of 4.7.1986
 ---pagebreak--- 2 . The Commission hereby asks the Council to take note of the communication ,
    which will also be submitted to the European Parliament and to the
    Economic and Social Committee for information .
3 . The recommendations of the International Commission of 3 June 1986
    are attached .
 ---pagebreak---                                    И
                                                       ANNEX I
RECOMMENDATIONS
Acting on its proposal of 3 June 1986 regarding limit values for discharges
of carbon tetrachloride , the International Commission for the Protection
of the Rhine against Pollution hereby makes the following recommendations
to the Contracting Parties to the Convention for the Protection of the Rhine
against Chemical Pollution , in compliance with the provisions of Articles 12
and 13 of the Convention .
1 . Where waste water from the production of carbon tetrachloride is diluted
    by other waste water the limit value expressed in terms of maximum concen ¬
    tration must be divided by the corresponding dilution factor .
2 . The limit valúes laid down in Annex IV for the discharge of carbón tetra -
    chloride refer to the determination of carbón tetrach loride by means of
    gas chromatography , if necessary with a detector sensitive enough for very
    low carbón tetrachloride contents ( 0.5 mg / l ).
    Other equivalent analysis procedures may be used instead of the reference
    method indicated above .
3 . The competent authority must monitor the emission standards .   This may
    involve measurements taken by the authority itself and / or checks of
    samples taken and analysed by the industrial operators .
    The results of these and ail measurements must be kept for a minimum of
    four years .
 ---pagebreak---                                   - IÇ--
    Monitoring of discharges will depend in each case on the specific
    conditions peculiar to each establishment . For large-scale discharges ,
    for example , the following procedures can be used :
    - daily taking and analysis of mixed samples over 24 hours proportional
      to the flow rate
    - taking and analysis of 24 mixed samples over one hour or mixed samples
      over several hours .
4 . The quantity of carbon tetrachloride discharged in a month must be
    calculated by adding the quantities of carbon tetrachloride discharged
    each day during that month .
5 . A simplified monitoring procedure may be established for industrial
    undertakings which do not discharge more than 30 kilogrammes of carbon
    tetrachloride per year .
    This simplified procedure must provide for the flow rate in order to
    supply a statistically significant base by which checks can be made to
    ensure that the emission standards have been observed .
6 . The samples and flow-rate measurement provided for in paragraphe 3 above
    are normally taken at the point where the limit values apply , in accordance
    with Annex IV to the Convention .
    However , where necessary for the purpose of keeping the required quality
    of the measurements , Governments may allow these samples and the flow-rate
    measurement to be taken at another point before the limit values apply
    on condition that :
    - ail the waste water from the establishment likely to be polluted by
      the substance in question is taken into account in these measurements ;
    - regular checks show that the measurements are fully representat i ve of
      the quantities discharged at the point where the limit valúes apply or
      are always higher .
 ---pagebreak--- Fiche d' impact de certains actes législatifs sur les PME et l' emploi
  1.   OBLIGATIONS ADMINISTRATES DECOULANT DE L ' APPLIC ATI ON DE LA
       LEGISLATION POUR LES ENTREPRISES
        AUCUNE
  2.   AVANTAGES POUR L' ENTREPRISE
       - BBE / NON
                         AUCUN
 3.    INCONVENIENTS      POUR L' ENTREPRISE
       ( coût supplémentaires )
      - BÏ8 / NON
                             AUCUN
      ~ HililDSIEIS
 4.   EFFETS SUR L' EMPLOI
       AUCUN
 5.   Y A - T - IL EU CONCERTATION PREALABLE AVEC LES PARTENAIRES
      SOCIAUX ?
      - tfôtf / NON , puisque les entreprises de la Communauté   sont déjà
         tenues d' observer la directive 86 / 280 / CEE dont les mesures
      - AVIS DES PARTENAIRES SOCIAUX sont identiques .
 6.   Y A - T - IL UNE APPROCHE ALTERNATIVE MOINS CONTRAIGNANTE ?