CELEX: 51985PC0373
Language: en
Date: 1985-07-12
Title: PROPOSAL FOR A COUNCIL DIRECTIVE ON THE DUMPING OF WASTE AT SEA

26. 9. 85                             Official Journal of the European Communities                                   No C 245/23
            SHT    = distance (in km) which has been run during the last phase
            Ss     = distance (in km) which has been run during the second phase
            The mass emissions of pollutants are calculated by means of the following:
                                                 Mi-V^xQiXkHxQxlO-6
            where:
            Mi     = mass emission of the pollutant i in grams per phase
                   =   volume of the diluted exhaust gas expressed in litres per phase and corrected to standard con-
                      ditions (273,2 K and 101,33 kPa)
            Qi     — density of the pollutant i in grams per litres at normal temperature and pressure (273,2 K and
                       101,33 kPa)
            kH     =   humidity correction factor used for the calculation of the mass emissions of oxides of nitro-
                      gen. There is no humidity correction for HC and CO
            Q      =   concentration of the pollutant i in the diluted exhaust gas expressed in ppm and corrected by
                      the amount of the pollutant i contained in the dilution air
            1.   VOLUME DETERMINATION
            1.1.
            1.2. id 1.1 to 1.3 Appendix 8, Annex III (but replace 'test' by 'phase').
            1.3.
            2.   CALCULATION OF THE CORRECTED CONCENTRATION OF POLLUTANTS IN
                  THE SAMPLING BAG
                 id 2. Appendix 8, Annex III.
            3.   DETERMINATION OF THE NO-HUMIDITY CORRECTION FACTOR
                 id 3 Appendix 8, Annex III.
            4.   HC MEASUREMENTS WITH DIESEL ENGINES
            4.1. id 4.3 Appendix 8, Annex III.
                              Proposal for a Council Directive on the dumping of waste at sea
                                                       COM(85) 373 final
                              (Submitted by the Commission to the Council on 13 August 1985)
                                                          (85/C 245/02)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                              Governments of the Member States meeting within the
                                                                      Council of 22 November 1973, calls for the implemen-
Having regard to the Treaty establishing the European
Economic Community, and in particular Articles 100                    tation of a European Community action programme on
and 235 thereof,                                                      the environment (');
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parlia-                  Whereas this action programme was renewed and
ment,                                                                 extended for 1977 to 1981 and 1982 to 1986 by the reso-
Having regard to the opinion of the Economic and                      lutions of the Council and of the Representatives of the
Social Committee,
Whereas the Declaration of the Council of the Euro-
pean Communities and of the Representatives of the                    (')  OJ No C 112,20. 12. 1973, p. 1.
 ---pagebreak---  No C 245/24                         Official Journal of the European Communities                                26. 9. 85
 Governments of the Member States, meeting within the            which contain provisions on the protection of the mar-
 Council, of 17 May 1977 (') and 7 February 1983 (2);            ine environment against these specific sources of pollu-
                                                                 tion ;
 Whereas this programme stresses that marine pollution
 affects the Community by virtue of the essential role           Whereas, by Decision 77/585/EEC (3), the Council
 played by the sea in the preservation and development           concluded the Convention on the Protection of the
 of species and on account of the importance of sea              Mediterranean Sea Against Pollution and the Protocol
 transport for the harmonious economic development of            on the Prevention of the Pollution of the Mediterra-
 the Community;                                                  nean Sea by Dumping from Ships and Aircraft;
 Whereas the European Community action programme
 on the environment provides for measures to control             Whereas any disparity between the provisions on the
 the deliberate dumping of waste at sea;                         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
 Whereas the European Council on 7 and 8 April 1978              conditions of competition and, consequently, have a
 in Copenhagen stated that the prevention and combat-           direct effect on the functioning of the common market;
 ing of marine pollution was a major Community objec-
tive and called on the Council and Member States, act-
 ing on proposals from the Commission, to take appro-           Whereas it is necessary to prevent duplication of cer-
 priate measures within the Community and to adopt              tain obligations arising from the application of the
 common attitudes in the competent international bod-           abovementioned Conventions;
 ies with a view to implementing effective pollution
 control measures;
                                                                Whereas, in order to ensure effective protection of the
 Whereas protection of the environment necessitates the         environment, it is necessary to prohibit the dumping of
 prevention or reduction of marine pollution and the            certain types of particularly harmful waste into the sea
 safeguarding of the environment against deliberate             and to set up a single system of permits to regulate and
 dumping of waste and materials from ships and air-             control the dumping of any other waste and materials
 craft;                                                         according to homogenous criteria;
 Whereas there are a number of general and regional             Whereas only certain substances should be incinerated
 conventions including:                                         at sea and a special permit should be issued in each
                                                                individual case;
— the Convention on the Prevention of Marine Pollu-
     tion by Dumping of Wastes and other Matter
      signed at London on 13 November 1972,                     Whereas it is necessary that no new special permit for
                                                                the dumping of waste or other materials or incineration
                                                                be issued; whereas permits which exist at the date of
— the 1973 International Convention for the Preven-             notification of this Directive should be renewed with-
     tion of Pollution from Ships signed at London on           out the quantity, content, substances or compounds
      2 November 1973 and its 1978 Protocol,                    contained in waste or other materials being increased;
                                                                whereas the quantities of certain types of waste and
— the Convention for the Prevention of Marine Pollu-            materials which are authorized to be dumped should be
     tion by Dumping from Ships and Aircraft signed at          reduced, particularly if the dumping of waste might
     Oslo on 15 February 1972,                                  have a deleterious effect on the environment;
— the Convention on the Prevention of the Pollution
     of the Mediterranean Sea by Dumping from Ships             Whereas, in order to meet situations of a particularly
     and Aircraft and its Protocols signed at Barcelona         critical nature, it is necessary to allow for temporary
     on 16 February 1976,                                       exemptions from the ban on the dumping of waste or
                                                                other materials at sea laid down in this Directive;
— the Convention on the Protection of the Marine
     Environment of the Baltic Sea Area signed at Hel-          Whereas the provisions of this Directive do not affect
     sinki on 22 March 1974,                                    the obligations imposed on Member States by Council
                                                                Directive 82/883/EEC of 3 December 1982 on proce-
— the Convention for the Protection and Develop-                dures for the surveillance and monitoring of environ-
     ment of the Marine Environment of the Wider Car-           ments concerned by waste from the titanium dioxide
     ibbean Area signed on 24 March 1983,                       industry (4);
(') OJNoCl39, 13.6. 1977, p. 1.                                 (3) OJNoL240, 19.9. 1977, p. 1.
(2) OJ No C 46, 17.2. 1983, p. 1.                               (4) OJ No L 378, 31. 12. 1982, p. 1.
 ---pagebreak--- 26.9.85                               Official Journal of the European Communities                            No C 245/25
Whereas it is necessary to supplement this harmoniza-            (d) 'Pollution' means the introduction by man, directly
tion of legislation by Community action to achieve, by                or indirectly, of substances or energy into the mar-
means of wider legislation, one of the Community's                    ine environment resulting in such deleterious
objectives in the field of environmental protection and               effects as hazards to human health, harm to living
improvement of the quality of life; whereas a number                  resources and the marine ecological system and
of special provisions must hence be introduced for this               reduction of amenities or impairment of other
purpose; whereas the Treaty has not provided the                      legitimate uses of the seas.
necessary powers to this end;
                                                                 (e) 'Incineration' means any deliberate combustion of
Whereas technical progress requires rapid adaptation                  substances and materials for the purpose of their
of the list of toxic and dangerous substances covered                 thermal destruction.
by the Directive; whereas, to facilitate the implementa-
tion of the measures thereby required, provision should
be made for a procedure establishing close cooperation
between the Member States and the Commission                                               Article 3
within a Committee on the Adaptation of this Directive
to Technical Progress;                                            1. This Directive shall apply to waste or other mate-
                                                                 rials dumped or incinerated in maritime waters within
                                                                 the jurisdiction of a Member State from:
Whereas, in order to ensure efficient implementation of
the Directive, the Commission should examine and                 — ships and aircraft loading in the territory of a Mem-
evaluate the records of permits issued, keep under                    ber State, or from platforms or other offshore struc-
review the measures adopted by Member States and                      tures within the jurisdiction of a Member State;
consider the need for further measures,
                                                                 — ships and aircraft registered in the territory of a
                                                                      Member State and loading in the territory of a third
                                                                      country;
HAS ADOPTED THIS DIRECTIVE:                                      — ships and aircraft not registered in a Member State.
                                                                 2. The provisions of this Directive shall be without
                          Article 1                              prejudice to the sovereign immunity to which certain
                                                                 vessels and aircraft are entitled under international law.
The purpose of this Directive is to prevent and reduce
marine pollution caused by dumping of waste or other
materials at sea, including incineration, from ships and
                                                                                           Article 4
aircraft.
                                                                 1. The dumping at sea of waste or other materials
                                                                 containing substances listed in Annex I is hereby pro-
                                                                 hibited.
                          Article 2
                                                                 2. It shall be forbidden to dump at sea waste or other
 For the purposes of this Directive:                             materials listed in Annex II without, in each case, prior
                                                                 issue of a special permit by the competent authorities.
(a) 'Waste or other materials' means any substance or
     material of any type, form or nature.                       3. The dumping at sea of any other waste or other
                                                                 material shall be forbidden unless a prior general per-
(b) 'Dumping at sea' means any deliberate discharge              mit is issued by the competent authorities.
     into the sea including:
                                                                 4. The dumping areas shall be designated in the per-
     — on the seabed and in the subsoil;                         mits.
     — interim storage of waste or other materials;
     — through the medium of incineration of waste,                                        Article 5
          substances or other materials at sea,
                                                                 1. The incineration at sea of substances and materials
     by or from ships or aircraft and any other method.          other than those listed in Annex IV.B is hereby pro-
                                                                 hibited.
(c) 'Ships and aircraft' means sea-going vessels and
     air-borne craft of any type whatsoever, including           2. It shall be forbidden to incinerate at sea the subs-
     hovercraft, floating craft whether self-propelled or        tances and other materials listed in Annex IV.B without,
     not, and fixed or floating platforms and other              in each case, prior issue of a special permit by the com-
     man-made structures sited at sea and their equip-           petent authorities. The incineration areas shall be
     ment.                                                       designated in the permits.
 ---pagebreak--- No C 245/26                         Official Journal of the European Communities                                 26. 9. 85
3. An incineration permit shall be issued or renewed                    authorities of that State, by the competent
only for incineration operations to be performed on a                   authorities of the Member State which has jur-
marine incineration facility approved by one of the                     isdiction over the place where the waste is
Member States according to the procedures laid down                     dumped or incinerated.
in Annex I V.C.I or for the purpose of an approval
survey.                                                             (b) Where the waste is loaded in the territory of a
                                                                        third country, the competent authorities in the
4. Member States shall not permit the incineration of                   Member State which has jurisdiction over the
substances and materials for which practical alternative                place where the waste is to be dumped or
land-based methods of treatment and disposal are                        incinerated shall be responsible for issuing per-
available.                                                              mits.
                                                                                         Article 9
                         Article 6
                                                               1. Member States shall promote the development of
 1. The permits referred to in Article 4 (2) and (3) shall
                                                               alternative landbased methods of disposal, shall endea-
be issued or renewed in accordance with Annex III.
                                                               vour to reduce the quantity of waste and encourage its
                                                               recycling through the use of appropriate techniques
2. The permit referred to in Article 5 (2) shall be            before considering its dumping or incineration at sea.
issued or renewed in accordance with Annexes III
and IV.
                                                               2. Member States shall send to the Commission by
                                                                1 January 1990 the information required to fix a date
3. Applications for permits and renewals thereof shall         for the termination of incineration at sea. The Council
be made in accordance with the models set out in               shall act by 1 June 1991 on proposal from the Commis-
Annexes V and VII. Permits shall be drawn up in                sion.
accordance with the model set out in Annexes VIII
and IX.
                                                                                        Article 10
                          Article 7                            1. For waste or other materials listed in Annex II and
                                                               Annex IV.B no special dumping or incineration per-
 1. Where a Member State issues a permit for a dump-           mits shall be issued after 1 January 1988.
ing or incineration area within the jurisdiction of
another Member State, it shall send a copy of the per-         2. Special dumping or incineration permits which are
mit to that Member State.
                                                               valid on the date of notification of this Directive may
                                                               be renewed until 1 January 1990 but the quantity, con-
2. That Member State shall recognize the validity of a         tent and substances or compounds contained in the
permit drawn up in accordance with this Directive, sub-        waste may not be increased.
ject to its compatibility with provisions adopted in
accordance with Article 19.
                                                               3. From 1 January 1990, and over a period of five
                                                               consecutive years, Member States shall reduce each
                                                               year the quantities of waste authorized to be dumped
                          Article 8                            by 10% of the quantity authorized in 1989 in the case
                                                               of waste or other materials listed in Annex II, points 1,
                                                               2, 3 and 5.
 1. Each Member State shall appoint one or more
competent authorities to:
                                                               4. If the dumping or incineration at sea of waste or
(a) issue and renew the special permits provided for in        other materials will or is likely to have a deleterious
    Articles 4 (2) and 5 (2);                                  effect on the environment, Member States shall reduce
                                                               the quantities and contents of waste which is or is
(b) issue and renew the general permits provided for in        likely to be responsible for such an effect from the date
    Article 4 (3);                                             of notification of this Directive.
(c) keep records of the nature and quantities of the
    waste or other materials which are authorized to be
    dumped or incinerated at sea and the location, date                                 Article 11
    and method of dumping and incineration.
                                                               1. The competent authorities shall keep for a period
2. (a) Permits for dumping or incinerating waste               of four years records of the nature and quantities of the
         shall be issued by the competent authorities in       substances and materials dumped or incinerated at sea
         the Member State in whose territory the waste         under permits which they issue and of the dates, loca-
         is loaded or, in agreement with the competent         tion and methods of dumping.
 ---pagebreak--- 26. 9. 85                              Official Journal of the European Communities                           No C 245/27
2. For the purposes of this Directive, Member States              listed in Annex I to this Directive cannot be disposed
shall make available to the Commission, at its request,           of on land without unacceptable danger or damage,
made on a case-by-case basis, the information referred            above all for the safety of human life, it shall consult
to in paragraph 1.                                                the Commission.
3. The information obtained by the Commission shall               2. The Commission, after consulting the Member
be used only for the purpose for which it was                     States concerned, shall recommend methods of storage
requested.                                                        or the most satisfactory methods of destruction or dis-
                                                                  posal under the prevailing circumstances. The Member
4. The Commission and competent authorities of the                State to which the recommendation is addressed shall
Member States as well as their officials and other ser-           inform the Commission of the steps taken in pursuance
vants shall be obliged not to divulge information they            of this recommendation. Member States shall under-
have obtained pursuant to this Directive which, by its            take to provide mutual assistance.
nature is covered by the obligation of professional
secrecy.                                                          3. If disposal at sea is the only practicable means of
                                                                  disposing of waste or materials, this shall be under-
5. Paragraphs 3 and 4 shall not preclude the publica-             taken under the terms of an authorization from the
tion of general information or studies which do not               Commission.
contain any specific information on undertakings or
associations of undertakings.
6. Member States shall draw up, in accordance with                                         Article 15
the models set out in Annexes VI and X, an annual
report on incineration and dumping operations at sea              The Commission shall
and shall send the first such report to the Commission
within 12 months of notification of this Directive.               (a) study and consider the records of permits issued or
                                                                       renewed in accordance with Article 8 and reduc-
 7. Each Member State shall draw up a report on                        tions in the quantities dumped at sea provided for
reductions in dumping at sea pursuant to Article 10 by                 in Article 10(3);
 1 January 1996 and shall forward it to the Commission
 which shall pass it oh to the other Member States.               (b) assess the effectiveness of the measures, reductions
                                                                       and procedures adopted and present, if appro-
                                                                       priate, proposals to improve the measures, reduc-
                                                                       tions, and procedures and, if necessary, to supple-
                           Article 12                                  ment or amend substances listed in Annexes I, II
                                                                       andlV.B;
 Each Member State shall issue instructions to its mari-
 time inspection ships and aircraft and to other appro-           (c) report to the Council and the European Parliament
 priate services to report to its authorities any major                on the implementation of this Directive five years
 incidents or circumstances which suggest that dumping                 after the date of notification of this Directive and
 in contravention of the provisions of this Directive has              every three years thereafter.
 occurred or is about to occur. The Member State shall
 report accordingly to any other Member State con-
 cerned and to the Commission.
                                                                                           Article 16
                           Article 13                             The amendments required to adapt
The provisions of Article 4 shall not apply in cases of           — the list of substances, waste or materials in
force majeure attributable to bad weather or any other                 Annexes I, II and IV.B,
cause when human life or the safety of a ship or aircraft
is threatened.                                                    — the provisions of Annexes III, IV, V, VI, VII, VIII,
                                                                       IX and X,
 Such dumping shall immediately be reported to any
 Member State likely to be affected, together with full           to scientific and technical progress and the require-
details of the circumstances and of the nature and                ments of administrative procedures shall be adopted in
quantity of the waste or other materials dumped.                  accordance with the procedure laid down in Article 18.
                          Article 14                                                       Article 17
 1. If, in a critical situation of an exceptional nature, a       1. A Committee for the Adaptation to Scientific and
Member State considers that waste or other materials              Technical Progress, hereinafter called the 'Committee'
 ---pagebreak--- No C 245/28                             Official Journal of the European Communities                                      26. 9. 85
is hereby set up. It shall be composed of representatives              taken. The Council shall act thereon by a qualified
of the Member States with a representative of the Com-                 majority.
mission as chairman.
                                                                       If, on the expiry of three months from the date on
2. The Committee shall adopt its own rules of proce-                   which the matter was referred to it, the Council has
dure.                                                                  failed to act, the proposed measures shall be adopted
                                                                       by the Commission.
                            Article 18                                                             Article 19
                                                                       1. Member States may take more stringent measures
 1. Where the procedure laid down in this Article is to
                                                                       in respect of the dumping and incineration of waste or
be followed, the Chairman shall refer the matter to the
                                                                       other materials at sea than those provided for in this
Committee, either on his own initiative or at the
                                                                       Directive.
request of the representative of a Member State.
                                                                       2. This Directive shall not prevent Member States
2. The Commission's representative shall submit to                     from prohibiting or restricting dumping or incineration
the Committee a draft of the measures to be adopted.                   in specific areas.
The Committee shall deliver its opinion on the draft
within a time limit the Chairman may lay down accord-
ing to the urgency of the matter. The opinion shall be                                             Article 20
delivered by the majority provided for in Article 148 (2)              1. Member States shall adopt the measures necessary
of the Treaty.                                                         to comply with this Directive by 1 July 1986, and shall
                                                                       forthwith inform the Commission thereof.
3. The Commission shall adopt the measures envis-
aged where they are in accordance with the Com-                        2. Member States shall communicate to the Commis-
mittee's opinion.                                                      sion the texts of the provisions of national law which
                                                                       they adopt in the field covered by this Directive.
When the measures envisaged are not in accordance
with the opinion of the Committee, or in the absence of                                            Article 21
any opinion, the Commission shall forthwith submit to
the Council a proposal relating to the measures to be                  This Directive is addressed to the Member States.
                                                              ANNEX I
             The following substances and materials are listed for the purpose of Article 4, paragraph 1 of the Direc-
             tive:
               1. organohalogen compounds and compounds which may form such substances in the marine envi-
                   ronment, excluding those which are non-toxic, or which are rapidly converted in the sea into subs-
                   tances which are biologically harmless, provided they do not make edible marine organisms unpal-
                   atable ;
               2. organo-tin compounds;
               3. mercury and mercury compounds;
              4. cadmium and cadmium compounds;
              5. persistent plastics and other persistent synthetic materials which may seriously interfere with fishing
                  or navigation, reduce amenities or interfere with other legitimate uses of the sea;
              6. crude oil and hydrocarbons of petroleum origin, and any mixtures containing any of these products,
                  lubricants or hydraulic fluids, taken on board for the purpose of dumping;
              7. substances which have been shown to have a carcinogenic effect in the aquatic environment or
                  through the action of the latter;
              8. acids and alkalis of a composition and quantity such as to seriously threaten the quality of marine
                  waters. Acids and alkalis from the titanium and aluminium industries;
              9. materials in whatever form (e.g. solids, liquids, semi-liquids, gases or in a living state) produced for
                  biological and chemical warfare, excluding those which are rapidly rendered harmless in the sea by
                  physical, chemical or biological processes, provided they do not:
 ---pagebreak--- 26. 9. 85                            Official Journal of the European Communities                                   No C 245/29
              (i) make edible marine organisms unpalatable,
              (ii) endanger human or animal health;
          10. oil-based drilling muds and oil from drill cuttings.
                                                               B
          1.  This Annex does not apply to waste or other materials such as sewage sludge, dredging spoil or drill
              cuttings, which contain the substances defined in paragraphs 1 to 7 as trace contaminants, if it is
              shown that the substances present in the dredging spoil occur naturally in sediments. The dumping
              of such waste shall be subject to the provision of Annexes II and III, as appropriate.
          2.  Trace contaminants are defined as contaminants occurring in quantities which have been shown by
              specific evidence to be unlikely to contaminate the marine environment.
                                                           ANNEX II
          The following wastes and other materials requiring special care are listed for the purposes of Article 4 of
          the Directive:
          1.  — arsenic, lead, copper, zinc, beryllium, chromium, nickel, vanadium, selenium, antimony and
                    their compounds,
              — cyanides and fluorides,
              — pesticides and their by-products not covered in Annex I,
              — synthetic organic chemicals, other than those referred to in Annex I, which may endanger mar-
                    ine organisms or make edible marine organisms unpalatable;
          2.   organosilicon compounds and compounds which may form such substances in the marine environ-
               ment, excluding those which are non-toxic or which are rapidly converted in the sea into substances
              which are biologically harmless, provided they do not make edible marine organisms unpalatable;
          3.   acids and alkalis not covered in Annex I.
               Account shall be taken of the possible presence in this waste of the substances listed in para-
               graph 1;
          4.   containers, scrap metal and other bulky wastes, similar tar substances which are liable to sink to the
               sea bottom or may present a serious obstacle to fishing or navigation;
          5.   Substances, which though of a non-toxic nature, may become harmful due to the quantities in
               which they are dumped, or which are liable to seriously reduce amenities, endanger human life or
               marine organisms or hinder navigation.
                                                           ANNEX III
          Provisions to be considered in establishing criteria governing the issue and renewal of authorizations in
          accordance with Articles 4 and 5 include:
          A. Characteristics and composition of the matter
               1.   Total amount and average composition of matter dumped (e.g. per year);
              2.    Form: e.g. solid, sludge, liquid or gaseous;
              3.    Properties: physical (e.g. solubility and density), chemical and biochemical (e.g. oxygen
                    demand, nutrients) and biological (e.g. presence of viruses, bacteria, yeasts, parasites);
              4.    Toxicity;
              5.    Persistence: physical, chemical and biological;
              6.    Accumulation and biotransformation in biological materials or sediments;
              7.    Susceptibility to physical, chemical and biochemical changes and interaction in the aquatic
                    environment with other dissolved organic and inorganic materials;
 ---pagebreak--- No C 245/30                          Official Journal of the European Communities                                       26. 9. 85
              8.   Probability of production of taints or other changes reducing the commercial value of marine
                  resources (fish, shellfish, etc.).
          B.  Characteristics of dumping site and method of deposit
              1.   Location (e.g. coordinates of the dumping area, depth and distance from the coast), location in
                  relation to other areas (e.g. amenity areas, spawning, nursery and fishing areas and exploitable
                  resources);
              2.   Rate of disposal per specific period (e.g. quantity per day, per week, per month);
              3.   Methods of packaging and containment, if any;
              4.   Initial dilution achieved by proposed method of release, particularly by speed of the ship;
              5.   Dispersal characteristics (e.g. effects of currents, tides and wind on horizontal transport and
                   vertical mixing);
              6.   Water characteristics (e.g. temperature, pH, salinity, stratification, indices of pollution — dis-
                   solved oxygen (DO), chemical oxygen demand (COD), biochemical oxygen demand (BOD) —
                   nitrogen, present in organic and mineral form including ammonia, suspended matter, other
                   nutrients and productivity);
              7.   Bottom characteristics (e.g. topography, geochemical and geological characteristics and biolog-
                   ical productivity);
              8.   Existence and effects of other dumping which have been made in the dumping area (e.g. heavy
                   metal background reading and organic carbon contents);
              9.   Determination of the consequences of dumping in the area concerned, taking into account sea-
                   sonal variations, by means of an impact study.
           C. General factors and conditions
              1.   Possible effects on amenity and bathing areas (e.g. deterioration in the quality of bathing
                   water, presence of floating or stranded material, turbidity, objectionable odour, discoloration
                   and foaming);
              2.   Possible effects on marine life, fish and shellfish culture, fish stocks and fisheries, seaweed har-
                   vesting and culture;
              3.   Possible effects on other uses of the sea (e.g. impairment of water quality for industrial use,
                   underwater corrosion of structures, interference with ship operations from floating materials,
                   interference with fishing or navigation through deposit or waste or solid objects on the sea
                   floor and protection of areas of special importance for scientific or conservation purposes);
              4.   The practical availability of alternative land-based methods of treatment, disposal or elimina-
                   tion, or of treatment to render the matter less harmful for dumping at sea.
                                                           ANNEX IV
                                                   INCINERATION AT SEA
           A. Definitions
              For the purposes of this Annex:
              1.   'Marine incineration facility' means a ship, as defined in Article 2 (c) of the Directive, operat-
                   ing for the purpose of incineration at sea.
              2.   'Incineration system' means the equipment comprising the incinerator and its system for the
                   feed of wastes, fuel and air, the appliances and devices for the control of the incineration oper-
                   ation and for the recording and monitoring of the conditions of incineration.
              3.   'Incinerator' means the furnace in which the thermal destruction of the wastes takes place.
           B. Scope
              An incineration permit can be issued solely for the following substances and materials:
              (a) organohalogen compounds;
              (b) pesticides and their by-products other than organohalogen compounds;
 ---pagebreak--- 26.9. 85                            Official Journal of the European Communities                                No C 245/31
            (c) substances and materials not listed in Annexes I and II which may be incinerated at sea with-
                 out damage to the marine environment;
            (d) waste containing the abovementioned substances and materials provided that these substances
                 and materials have not been added to the waste for the purpose of this waste being incinerated,
                 and provided that the waste does not contain substances listed in paragraphs 3 and 4 of
                 Annex I except when those substances occur as trace contaminants in waste to which they have
                 not been added for the purpose of being incinerated.
         C. Approval and surveys of the incineration system
             1.  For the purpose of approval, the Member State shall make an initial survey of the incineration
                 system, or ensure that an initial survey has been completed by a Member State on the basis of
                 the technical criteria contained in these rules.
            2.   The initial survey shall be carried out in order to:
                 (a) approve the siting, number, type and manner of the use of the devices for measuring and
                       recording the incinerator wall temperature;
                 (b) approve the gas sampling system including probe locations, analytical devices and the
                       manner of recording;
                 (c) ensure that approved devices have been installed to automatically shut off the feed of
                       waste to the incinerator if the temperature drops below approved minimum temperatures;
                 (d) approve the siting, type and manner of use of devices by which feed rates and amounts of
                       waste pumped to the incinerator are controlled and recorded;
                 (e) approve the results of tests on liquid organohalogen wastes, the characteristics of which
                       are known under intensive stack monitoring, including measurements of 0 2 , CO, C0 2 ,
                       organohalogens and total hydrocarbons in the combustion gases;
                (f)    ensure that during the incineration of wastes the combustion and destruction efficiencies
                       shall exceed 99,9%;
                (g) approve the details of the mechanism for feeding and burning solid waste, if the facility is
                       equipped for this purpose;
                 (h) approve the following systems, the installation of which shall be mandatory following a
                       decision of the Commission:
                      — a closed gauging system of the waste tanks,
                      — a tank overflow control system,
                       — equipment for the automatic recording of the data required under section F of this
                            Annex.
            3.   Following the completion of an initial survey, a form of approval shall be issued by the Mem-
                ber State concerned if the incineration system is found to be in compliance with these rules.
                The period of validity of the form of approval shall not exceed two years.
            4.  Periodic surveys, at least every two years, must be carried out to ensure that the incineration
                system continues to comply with these rules. These surveys shall be the responsibility of the
                Member State which conducted the initial survey or, of the Member State which issued a per-
                mit for current operations in consultation with that Member State. In the periodic survey the
                operating data and maintenance records for the previous period shall be taken into account.
                If the incineration system still complies with these rules, the Member State shall renew the
                form of approval for a further period not exceeding two years and not beyond the final date
                laid down pursuant to Article 9 (2).
            5.  After any survey has been completed, no changes which affect the performance of the incinera-
                tion system shall be made without the approval of the Member State which has issued or
                renewed the form of approval.
            6.  There shall be available on the marine incineration facility:
                — a copy of the form of approval and survey reports;
                — a register containing the details of any changes affecting the performance of the incinera-
                      tion system* as mentioned in paragraph 5.
            7.  A form of approval issued by a Member State shall be recognized by the other Member States
                unless there are clear grounds for believing that the incineration system is not in compliance
                with these rules. A copy of each form of approval and survey report shall be submitted to the
                Commission at its request.
 ---pagebreak--- No C 245/32                           Official Journal of the European Communities                                 26.9. 85
              8.   If the marine incineration facility is a vessel, Member States shall ascertain before issuing a
                   form of approval that the vessel complies with the relevant provisions of the IMCO Code for
                   the Construction and Equipment of Ships carrying Dangerous Chemicals in Bulk (').
           D. Incineration permits and control over the nature of wastes for incineration
              1     Incineration permits shall be issued for a period not exceeding two years. Permits may be
                   renewed subject to the provisions of Article 5 (4).
              2.   Any application for an incineration permit to a Member State must state the reasons for use of
                   incineration as required by Section B, and all relevant information on the physical and chemi-
                   cal characteristics of the waste proposed for incineration.
              3.   Any Member State which intends to authorize incineration of substances and materials prod-
                   used outside the area under its juridiction must seek confirmation of the origin of these subs-
                   tances and materials and of their suitability for incineration from the competent authorities.
              4.   Copies of incineration permits issued by Member States shall be available on the marine inci-
                   neration facility and the Commission shall be immediately notified, in accordance with the
                   notification procedure referred to in Section J.
              5.   Where a Member State has doubts as to the thermal destructibility of the substances and mater-
                   ials proposed for incineration, pilot-scale tests shall be undertaken before a permit may be
                   issued.
              6.   Where a Member State proposes to permit incineration of substances and materials which have
                   been subject to pilot-scale tests and over which doubts as to the efficiency of combustion
                   remain, the incineration system shall be subject to the same intensive stack monitoring as
                   required for the initial marine incineration system survey. Consideration shall be given to the
                   sampling and analysis of particulates, taking into account the solid content of the substances
                   and materials.
           E. Facilities for incineration at sea-operation requirements
              1.   The operation of the incineration system shall be controlled so as to ensure that:
                   (a) the normal operating wall temperature exceeds 1 200 ° C unless the results of tests on the
                         marine incineration facility demonstrate that the required combustion and destruction
                         efficiencies can be achieved at a lower temperature;
                   (b) the theoretical minimum residence time within the incinerator, for a wall temperature of
                         1 200 °C, is of the order of one second;
                   (c) the combustion efficiency based on:
                                                      C
                                                        C0 2 — c CO
                         Combustion efficiency =        v           x 100%
                        where:
                        C
                          C0 2 = concentration of carbon dioxide in the combustion gases
                        c
                          CO     = concentration of carbon monoxide in the combustion gases
                        shall be at least 99,9%;
                   (d) the destruction efficiency based on a determination of the amount of the organohalogen
                        substances added to the furnace which is not destroyed shall be at least equal to the com-
                        bustion efficiency of the incinerator, i.e. 99,9 %. The routine measurement of this par-
                        ameter shall be mandatory only after adequate measuring devices become available.
              2.  There shall be no black smoke nor flame extension above the plane of the stack.
          F.  Data to be recorded
              1.   Marine incineration facilities shall utilize recording devices and methods as approved under
                  Section C. As a minimum, the following data shall be recorded during each incineration opera-
                  tion and retained for inspection by the Member State which has issued the permit:
                  (a) wall temperature measurements;
                  (b) date and time during incineration and record of substances and materials being inciner-
                        ated;
                  (c) vessel position by appropriate navigational means;
                  (d) feed rates and amounts of substances and materials;
          (') Publication No 83-11 of the International Maritime Organization.
 ---pagebreak--- 26. 9. 85                               Official Journal of the European Communities                                    No C 245/33
                     (e) 0 2 , CO and C0 2 concentration in combustion gases;
                     (f) vessel's course and speed.
               2.    Where more than one Member State has issued a permit for one incineration operation,
                     arrangements for review of the data shall be made among the Member States involved.
          G. Disposal of wastes and their residues
               1.    The Member State which proposes to issue or review an incineration permit shall ensure that
                     there are no means of disposing of wastes from the marine incineration facility except by
                     means of the incinerator during normal operations.
               2.    Tank washings and other residues contaminated by the waste shall be incinerated at sea in
                     accordance with these rules or discharged into port facilities in consultation with the compe-
                     tent national authorities.
               3.    Any solid residues remaining in the incinerator shall not be removed from the incinerator until
                    the marine incineration facility can safely offload them on land for disposal.
          H. Prior Consultation Procedure
               The Commission shall, if necessary, request the Secretariats of International Conventions to pro-
               vide details of the results of such procedures.                                          i
          I.   Incineration sites
               1.    Factors to be considered in establishing criteria governing the selection of incineration sites
                    shall include, in addition to those listed in Annex III to the Directive, the following:
                    (a) the prevailing atmospheric dispersal characteristics at the site — including wind speed and
                          direction, atmospheric stability, frequency of inversions and fog, precipitation types and
                          amounts, relative humidity — in order to determine the potential impact on the surround-
                          ing environment of pollutants released from the marine incineration facility, giving par-
                          ticular attention to the possibility of atmospheric transport of pollutants in fishing grounds
                          and coastal areas;
                    (b) oceanic dispersal characteristics at the site in order to evaluate the potential impact of
                          plume interaction with the sea;
                    (c) availability of navigational aids;
                    (d) the possible presence of undersea cables or pipelines if the vessel is to anchor at the inci-
                          neration site.
               2.   Member States shall consult other interested Member States in the selection of an incineration
                    site.
               3.   Member States shall endeavour to define common incineration sites.
               4.   The location of areas designated for the incineration of waste should be widely disseminated
                    and communicated to the Commission and Member States.
               5.   The marine incineration facility shall reply promptly to radio calls at all times during incinera-
                    tion.
          J.   Notification
               Member States must:
              (a) send copies of the forms of approval and survey reports of the incineration system to the Com-
                    mission in accordance with the provisions of Section C.7 of this Annex;
              (b) make available to the Commission, pursuant to Article 11 paragraph 2, the information
                    requested on the basis of the form set out in Annex VI.
                                                              ANNEX V
          APPLICATION FOR, OR RENEWAL OF, PERMITS ISSUED FOR THE INCINERATION OF
                                                         WASTE AT SEA
          Notification forms should contain:
          1.  details of the reasons for the use of incineration;
 ---pagebreak--- No C 245/34                         Official Journal of the European Communities                                     26. 9. 85
          2.  the following information:
              (a) issuing authority;
              (b) date of issue;
              (c) validity;
              (d) country in which the waste originated;
              (e) port of loading;
              (f) total quantity of waste (in metric units) covered by the permit;
              (g) form taken by waste (in bulk or containers). If in containers, give details of:
                   — size,
                   — instructions;
              (h) composition of waste:
                   — main organic constituents,
                   — organohalogens,
                   — main inorganic constituents,
                   — suspended solids,
                   — other relevant elements;
              (i) properties of the waste:
                   — physical aspects,
                   — density,
                   — viscosity,
                   — calorific value,
                   — toxicity and persistence, if appropriate;
              (j) industrial process in which the waste arises;
              (k) name of the marine incineration facility and Member State in which it is registered;
              (1) incineration area:
                   — geographic location,
                   — distance from nearest coast;
              (m) anticipated frequency of incineration;
              (n) ^special conditions relating to the operation of the marine incineration facility if they are more
                   stringent than those laid down in Annex IV;
              (o) additional information, e.g. pertinent information listed in Annex III to the Directive or moni-
                   toring and supervision requirements.
                                                         ANNEX VI
            ANNUAL REPORT FORM ON ALL INCINERATION OPERATIONS CARRIED OUT I N . . . .
           1. Incineration site
              Position: — longitude:
                         — latitude:
          2.  Name of the marine incineration facility:
          3.  Waste incinerated
                                                             By country of origin
                          Country
 ---pagebreak--- 26. 9. 85                      Official Journal of the European Communities
          (a) Total quantity of waste actually incinerated:
          (b) Total quantity of waste for which an incineration permit has been issued:
          (c) Estimated quantity of halogens released into the environment:
          (d) Estimated quantity of non-organic substances released into the environment:
              — mercury
              — cadmium
              — arsenic
              — chromium
              — copper
              — lead
              — nickel
              — zinc
              — other metals/metalloids
          (e) Details of monitoring operations carried out during the incineration operations.
          (f) Details of any research carried out during the incineration operations.
          (g) Any other pertinent information.
          (h) Report on the issue and renewal of incineration permits.
 ---pagebreak--- No C 245/36                             Official Journal of the European Communities              26.9. 85
                                                          ANNEX VII
           APPLICATION FOR OR RENEWAL OF PERMIT FOR THE DUMPING OF WASTE AT SEA
          REFERENCE:                                              FOR OFFICIAL USE:
          Application for permit                                  Renewal of permit
          1. (a) Name and address of applicant:                            TECHNICAL CONTACT
                                                                  1. (b) Name:
                    Phone No:                                              Phone No:
          2. (a) Name and address of producer of waste if                  TECHNICAL CONTACT
                    other than in 1. (a) above:                  2. (b) Name:
                   Phone No:                                               Phone No:
          3. (a) Name and address of sea disposal con-                     TECHNICAL CONTACT
                   tractor or shipper if other than in 1. (a)    3. (b) Name:
                   above:
                    Phone No:                                              Phone No:
          4. Category of waste                                       Unit       FOR OFFICIAL USE:
              and annual quant-              QUANTITY              (please
              ity for dumping                                       state)      Type of waste:
             (a) Dredging spoil                                                 Code:
             (b) Sewage sludge           Digested     Undi-
                                                      gested
                   (i) Wet                                                      Quantity:
                        weight
                   (ii) Dry
                        weight
             (c) Other sludge
             (d) Liquid waste
             (e) Solid waste
                                                      (net)
 ---pagebreak--- 26. 9. 85                               Official Journal of the European Communities                                  No C 245/37
          5. Nature of waste if other than dredging spoil or sewage sludge:
              (a) Arising from manufacture of:
              (b) Procedure giving rise to the waste (e.g.
                   fermentation, electro-plating, distillation,
                   kiering, tanning, purification of fine
                   chemicals by crystalization):
              (c) Is the waste to be treated before dump-
                   ing?
              (d) (i) If so, please state whether by settle-
                        ment, filtration, neutralization or biol-
                        ogical treatment:
                   (ii) or by any other process namely:
          6. (a) Are samples Now available for testing if required?
               (b) If not, when can samples be made available?
          7. Are you already in possession of a valid consent?
               If so, please give: (a) Its reference number:
                                    (b) Its date of issue:
          8. (a) Proposed frequency of dumping:
                   of the waste, i.e. daily, weekly, etc.
               (b) Quantity for disposal on each occasion:
          9. (a) Dumping area:                                    APPROXIMATE LOCATION
                                                                  (e.g. name of sea, ocean, estuary, lightship, etc.)
               (b) Proposed port of loading:
               (c) Coordinates of preferred dumping area:
          10. For liquid or sludge-type wastes not in containers, please state where known:
              (a)  Name of dumping vessel:
              (b)  Proposed speed of dumping vessel:
              (c)  Proposed rate of discharge:
              (d)  Whether discharge is to be over ship's
                   side, bottom discharge, or into wake of
                   vessel:
          11. Physical properties, please state:
              (a) Specific gravity (not required for dredging
                   spoil or sewage sludge):
              (b) P H :
              (c) 5-day BOD value:
                   or BOD/PV value:
                   or total organic carbon:
              (d) Suspended solids (mg/1):
              (e) Dissolved solids (mg/1):
              (f) Radioactive characteristics:
 ---pagebreak--- No C 245/38                                 Official Journal of the European Communities                                                               26.9.85
           12. Chemical composition. Please complete the following list stating units of concentration and whether
                the analysis is (i) on a dry weight basis; (ii) on a volume/volume, weight/weight or weight/volume
                basis. For negligible quantities please indicate value as less than a number of parts per million:
                Mercury                                                          Phenolic substances
                Cadmium                                                          Fluoride
                Arsenic                                                          Chlorine (not chlor-
                                                                                 ide)
                Lead                                                             Organohalogens
                Copper                                                           (state which)
                Zinc                                                             Organosilicon
                Beryllium                                                        compounds
                Chromium                                                         Antibiotics
                Nickel                                                           Vitamins
                Vanadium                                                         Oil/grease, persistant
                Iron                                                             Oil/grease non-
                                                                                 persistant
                Ammonia                                                          Animal oil/fat
                Cyanide                                                          Vegetable oil/fat
           Further information necessary to give a complete description of the waste, e.g., other constituents and details of the form of constituents
           where relevant.
           13. Containers, if used, give details:
                (a)  Type:
                (b)   Capacity:
                (c)   Method of sealing (i.e. bung or lid):
                (d)   Whether container is to be cased in con-
                      crete:
                 (e) Form or any additional ballast necessary
                      to ensure sinking:
           DECLARATION
           I certify that to the best of my knowledge and belief the information given in this form is a correct des-
           cription of the waste for which this application is made.
           Signature:                                              Position:                                                 Date:
                                                               FOR OFFICIAL USE
           RECOMMENDATION:
           QUALIFICATIONS:
           AREA AGREED:
           RESERVES:
 ---pagebreak--- 26. 9. 85                              Official Journal of the European Communities                                    No C 245/39
                                                         ANNEXE       VIII
                                   PERMITS FOR THE DUMPING OF WASTE AT SEA
                          RENEWAL OF PERMITS FOR THE DUMPING OF WASTE AT SEA
          This permit granted                                            authorizes the loading for dumping from
                                        ports and dumping in the sea of the waste described below, in accordance
          with the following conditions.
            1. Reference number of permit:
            2. Name and address of permit holder:                   3. Name and address of producer of waste if
                                                                        other than in 2:
            4. Waste in Category                               of your application of                   as described in
               questions 11 and 12 of that application.
               (a) Arising from manufacture of:
               (b) By (procedure):
            5. Period of validity of permit:                        Months            from              to
            6. Quantity for disposal within this period:           7. Method of disposal:
            8. Disposal area:
            9. Certified returns to be submitted to show that
               dumping has taken place:
               (Nil returns are required where applicable)
          10. SUPPLEMENTARY CONDITIONS RELATING TO THE DUMPING OPERATIONS:
               Tank washings are to be discharged only in the approved disposal area.
          OTHER CONDITIONS:
           11. Should the composition of the waste change materially from the description given in the applica-
                tion or renewal to which this permit relates, you are required to notify the authority before dumping
                of the waste continues since this permit will no longer be valid.
          12. Copies of this permit shall be available for inspection by the enforcement officers at the premises
                where the waste is produced, at the waste disposal contractors premises and on board the dumping
                vessel. The person in charge of a shore installation should also have documents relating to the stor-
                age of the waste specified overleaf.
          NOTES:
          (a) The licensing authority may revoke this permit if it appears to the authority that the holder is in
                breach of a condition included in it.
          (b) A person who dumps in contravention of the terms of a permit is guilty of an offence under
                                                                   Signature
                                                                   For and on behalf of the licensing authority
                                                                   Date:
 ---pagebreak--- No C 245/40                           Official Journal of the European Communities                                      26. 9. 85
                                                           ANNEX IX
                               PERMITS FOR THE INCINERATION OF WASTE AT SEA
                       RENEWAL OF PERMITS FOR THE INCINERATION OF WASTE AT SEA
          This permit granted                                       authorizes the loading for incineration from
                                             port and incineration in the sea of the waste described below, in accord-
          ance with the following conditions.
            1. Reference number of permit:
            2. Name and address of permit holder:                   3. Name and address of producer of waste if
                                                                        other than in 2:
            4. Waste in Category                          of your application of                       as described in
               questions (h) and (i) of that application.
               (a) Arising from manufacture of:
               (b) By (procedure):
            5. Period of validity of permit:                        Months            From              To
            6. Quantity for incineration within this period:        7. Method of incineration:
               8. Incineration area (a):
            9. Certified returns to be submitted to show that
               incineration has taken place:
               (Nil returns are required where applicable)
           10. SUPPLEMENTARY CONDITIONS RELATING TO THE INCINERATION:
          OTHER CONDITIONS:
           11. Should the composition of the waste change materially from the description given in the applica-
                tion or renewal to which this permit relates, you are required to notify the authority before incinera-
                tion of the waste continues since this permit will no longer be valid.
           12. Copies of this permit shall be available for inspection by the enforcement officers at the premises
                where the waste is produced, at the waste disposal contractors premises and on board the incinera-
                tion vessel. The person in charge of a shore installation should also have documents relating to the
                storage of the waste specified overleaf.
           NOTES:
           (a) The licensing authority may revoke this permit if it appears to the authority that the holder is in
                breach of a condition included in it.
           (b) A person who carries out incineration in contravention of the terms of a permit is guilty of an of-
                fence under
                                                                    Signature
                                                                    For and on behalf of the licensing authority
                                                                    Date:
 ---pagebreak--- 26. 9. 85                           Official Journal of the European Communities                                No C 245/41
                                                          ANNEX X
             ANNUAL REPORT FORM ON ALL DUMPING OPERATIONS AT SEA CARRIED OUT
                                                            IN....
          1.   Dumping site
               Position: — longitude:
                         — latitude:
          2.   Name of the marine dumping facility
          3.   Waste dumped
                                                   By country of origin
               Country:
              (a) Total quantity of waste actually dumped:
                   Waste Annex II:
                   Waste Annex III:
              (b) Estimated quantity of organic substances released into the environment:
              (c) Estimated quantity of non-organic substances released into the environment:
                                             Hg                         Pb
                                             Cd                         Ni
                                             As                         Zn
                                             Cr                         Be
                                             Cu                         Vd
                                             Sb                         Se
                                             Cn                         Fe
                                             other metals
              (d) Details of monitoring operations carried out during the dumping operations:
                   Permit or permit renewal No:
                   Permit or permit renewal No:
              (e) Any other relevant information:
                   —                         number of applications or renewals for dumping permits refused (rea-
                                             sons).