CELEX: 51988PC0008
Language: en
Date: 1988-01-07
Title: MODIFIED PROPOSAL FOR A COUNCIL DIRECTIVE ON THE DUMPING OF WASTE AT SEA

No C 72/8                              Official Journal of the European Communities                                             18. 3. 88
                                                                  II
                                                        (Preparatory Acts)
                                                  COMMISSION
                      Amended proposal for a Council Directive on the dumping of waste at sea (')
                                                        COM(88) 8 final
              (Submitted by the Commission to the Council in accordance with Article 149 (3) of the EEC
                                                   Treaty on 12 January 1988)
                                                          (88/C 72/08)
              (') OJ No C 245, 26. 9. 1985, p. 23.
                     ORIGINAL PROPOSAL                                                            AMENDED PROPOSAL
Having regard to the Treaty establishing the European                     Having regard to the Treaty establishing the European
Economic Community, and in particular Articles 100 and                    Economic Community, and in particular Article 130 S
235 thereof,                                                              thereof,
                                                                          Ninth recital
                                                                         Whereas any disparity between the provisions on the
                                                                          dumping of waste at sea which already apply or are
                                                                         being drawn up in the Member States attributable to
                                                                          differences between Conventions may create unequal
                                                                          conditions of competition and, consequently, have a
                                                                          direct effect on the functioning of the common market;
Sixteenth recital                                                         Sixteenth recital
Whereas it is necessary to supplement this harmonization                 Whereas it is necessary to supplement this harmonization
of legislation by Community action to achieve, by means                  of legislation by Community action to achieve, by means
of wider legislation, one of the Community's objectives                  of wider legislation, one of the Community's objectives
in the field of environmental protection                  and            in the field of environmental protection                    and
improvement of the quality of life; whereas a number of                  improvement of the quality of life; whereas a number of
special provisions must hence be introduced for this                     special provisions must hence be introduced for this
purpose; whereas recourse must be made to Article 235                    purpose;
of the Treaty since the Treaty has not provided the
necessary powers;
                                           First to e i g h t h r e c i t a l s u n c h a n g e d
                                                    Ninth recital delete
                                       T e n t h and eleventh recitals u n c h a n g e d
                                                                         Whereas incineration at sea should be terminated by a
                                                                          specific date;
 Twelfth recital                                                           Twelfth recital
Whereas only certain substances should be incinerated at                 Whereas, in the period during which incineration at sea is
sea and a special permit should be issued in each indi-                   still to be permitted, only certain substances should be incin-
vidual case;                                                              erated and a special permit issued in each individual case;
 ---pagebreak---  18. 3. 88                                Official Journal of the European Communities                                                No C 72/9
                      ORIGINAL PROPOSAL                                                                    AMENDED PROPOSAL
                                     T h i r t e e n t h to f i f t e e n t h r e c i t a l s u n c h a n g e d
                                                           Sixteenth recital delete
                                  Seventeenth and eighteenth recitals u n c h a n g e d
                                                             Article 1 unchanged
                                   A r t i c l e 2 ( a ) , ( b ) , ( c ) , (d) and (e) u n c h a n g e d
                                                                                (f) 'Dumping' does not include:
                                                                                     (i) the disposal at sea of wastes or other matter
                                                                                            incidental to, or derived from, the normal oper-
                                                                                            ations of vessels, aircraft, platforms or other man-
                                                                                            made structures at sea and their equipment, other
                                                                                            than wastes or other matter transported by or to
                                                                                            vessels, aircraft, platforms or other man-made
                                                                                            structures at sea, operating for the purpose of
                                                                                            disposal of such matter or derived from the
                                                                                            treatment of such wastes or other matter on such
                                                                                            vessels, aircraft, platforms or structures;
                                                                                    (ii) placement of matter for a purpose other than the
                                                                                            mere disposal thereof, provided that such
                                                                                            placement is not contrary to the aims of this
                                                                                            Directive;
                                                                Article 3 unchanged
                                                                Article 4 unchanged
                                                                Article 5 unchanged
                                                       Article 6 (1) to (3) unchanged
                                                                                4.     In the permits which they grant, Member States
                                                                                could include provisions on the compulsory surveillance
                                                                                of dumping and incineration operations by automatic
                                                                                data-gathering apparatus to be installed on board vessels
                                                                                and aircraft.
                                                             A r t i c l e 7 unchanged
                                                            A r t i c l e 8 unchanged
                                                            A r t i c l e 9 unchanged
                                                            A r t i c l e 10 unchanged
                                               A r t i c l e 11 (1) aiid (2) unchanged
3.    The information obtained by the Commission shall                          3.     Delete.
be used only for the purpose for which it was requested.
4.    The Commission and competent authorities of the                           4.     Delete.
Member States as well as their officials and other
servants shall be obliged not to divulge information they
have obtained pursuant to this Directive which, by its
nature, is covered by the obligation of professional
secrecy.
 ---pagebreak--- N o C 72/10                                               Official J o u r n a l of the E u r o p e a n Communities                                        18. 3. 88
                               ORIGINAL PROPOSAL                                                                                   AMENDED PROPOSAL
5.       P a r a g r a p h s 3 and 4 shall not preclude the publi-                                5.         Delete,
cation of general information or studies which d o not
contain any specific information on undertakings or
associations of undertakings.
                                                             A r t i c l e 11 ( 6 ) a n d ( 7 )            unchanged
                                                                   A r t i c l e s 12 t o 2 1        unchanged
                                                                                       ANNEXES
                                                                             Annex I A unchanged
                                                                             Annex I B unchanged
                                                                               A n n e x II u n c h a n g e d
                                                                              Annex III u n c h a n g e d
                                                                     A n n e x I V , A to D u n c h a n g e d
                                 E. F a c i l i t i e s for i n c i n e r a t i o n at s e a : o p e r a t i o n r e q u i r e m e n t s u n c h a n g e d
                                                                    P o i n t 1 (a) and (b) u n c h a n g e d
(c) that the percentage for combustion efficiency obtained by                                     (c) that the percentage for combustion efficiency obtained by
    the following formula:                                                                              the following formula:
    . . . be at least 99,9 %                                                                            . . . be at least 99,95 % ± 0,05 %
                                                                     Rest of Annex IV unchanged
                                                                               Annex V unchanged
                                                                              Annex VI unchanged
                                                    Annex VII, Tables 1 (a), 2 (a) and 3 (a) unchanged
                                                                                                  3 bis Research carried out and measures taken to counter
                                                                                                            production of the waste, to avoid dumping at sea or to
                                                                                                            limit the quantities to be dumped.
                                                                         P o i n t s 4 to 1 3 u n c h a n g e d
                                                                           Annex VIII unchanged
                                                                              Annex IX unchanged
                                                                               Annex X unchanged
                                                                                      ANNEX XI
                      Comparative tables of substances listed in the Annexes (I and II) of the International Conventions and of
                                          the proposal for a Council Directive on the dumping of waste at sea.
 ---pagebreak--- 18. 3. 88                              Official Journal of the European Communities                            N o C 72/11
                                         Comparative table of substances listed in Annex I
                                                            (black list)
                                                             TABLE I
                                                                                    Dumping Protocol Proposal
                                                    London               Oslo
                         Substances                                                   to Barcelona     for a
                                                   Convention         Convention       Convention    directive
          1. Organohalogen
             compounds                                 X                  X                X             X
          2. Organo-tin
             compounds                                 —                 —                 —             X
          3. Mercury and its
             compounds                                 X                  X                X             X
          4. Cadmium and its
             compounds                                 X                  X                X             X
          5. Synthetic materials
             and persistent plastics                   X                  X                X             X
          6. Crude oil and
             hydrocarbons                              X                 —                 X             X
          7. Substances which may
             be carcinogenic                                              X                              X
          8. Acid compounds and specific
             alkalis                                                                       X             X
             — Acids and alkalis
                 from the titanium
                 and aluminium
                 industries                           —                  —                —              X
          9. Materials produced
             for biological and chemical
             warfare                                   X                 —                 X             X
             — High-level radioactive
                 waste                                 X                 —                 X
                                                                                                        —
             — Low-level radioactive
                 waste                                —                  —                 X            —
             — Oil-based drilling muds
                 and oil from drill cuttings          —                  —                —             X
             — Waste and other
                 materials such as sewage
                 sludge and dredging spoil
                 containing trace
                 contaminants (1 to 7)                 X                                   X            X
 ---pagebreak--- No C 72/12                            Official Journal of the European Communities                           18. 3. 88
                                       Comparative table of substances listed in Annex II
                                                           (grey list)
                                                            TABLE II
                                                                                  Dumping Protocol Proposal
                                                   London               Oslo
                        Substances                                                  to Barcelona
                                                  Convention         Convention
                                                                                     Convention    directive
          Arsenic, lead, copper, zinc                 X                  X                X            X
          Beryllium                                   X                 —                 X            X
          Chromium                                    X                 —                 X            X
          Nickel           and their                  X                 —                 X            X
          Vanadium         compounds                  X                 —                 X            X
          Selenium                                   —                  —                 X            X
          Antimony                                   —                  —                 X            X
          Cyanides and fluorides                      X                  X                X            X
          Pesticides and by-products                  X                  X                X            X
          Synthetic organic chemicals
          not listed in Annex I                      —                                    X           X
          Acid and alkali compounds
          not covered by Annex I                      X                 —                 X           X
          Containers, scrap, metal and
          other bulky waste                           X                  X                X           X
          Substances which may be
          noxious in the quantities in
          which they are dumped, may
          reduce amenities or endanger
          human life or living organisms                                 X               X
                                                     —                                                X
          Radioactive waste not covered
          by Annex I                                 X                  —                X
          Organosilicon
          compounds                                  X              (Annex I)        (Annex I)        X
          Tar-like substances                        —                   X              —            —