CELEX: 51984PC0240
Language: en
Date: 1984-05-21
Title: AMENDED PROPOSAL FOR A COUNCIL DIRECTIVE ( EEC ) ON THE USE OF SEWAGE SLUDGE IN AGRICULTURE

N o C 154/6                            Official Journal of the European Communities                     14.6.84
                                                            ANNEX
             Research and development programme for optimization of the production and utilization of
                                                          hydrocarbons
             This programme covers the following research topics:
             A. Improvement of knowledge of hydrocarbons fields.
             B. Utilization of natural gas.
             C. Utilization of heavy oil fractions.
             D. Matching engines and fuels.
             These activities are to be executed by way of cost-sharing contracts.
             Amendments to the proposal for a Council Directive on the use of sewage sludge in
                                                         agriculture (*)
                                                       COM(84) 240 final
              (Submitted by the Commission to the Council pursuant to Article 149 (2) of the EEC Treaty
                                                        on 25 May 1984)
                                                         (84/C 154/08)
              (*) OJ No C 264, 8. 10. 1982, p. 3.
                    ORIGINAL PROPOSAL                                              AMENDED PROPOSAL
THE COUNCIL OF THE EUROPEAN                                         Unchanged.
COMMUNITIES,
Having regard to the Treaty establishing the
European Economic Community, and in particular
Articles 100 and 235 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 (2),
Whereas the main objective of this Directive is to                  Unchanged.
provide better protection for the environment and to
make use of waste; whereas it is therefore necessary
to make specific provision for this purpose; whereas
the Treaty makes no provision for the powers
required for such action and it is therefore necessary
to act under Article 235 of the Treaty;
(') Opinion given on 17 February 1984.
(2) Opinion given on 24 February 1984.
 ---pagebreak---  14.6.84                             Official Journal of the European Communities                N o C 154/7
                    ORIGINAL PROPOSAL                                           AMENDED PROPOSAL
 Whereas the disparity between the Member States'               Unchanged.
 current provisions on the agricultural applications of
 sewage sludge, or between those under consideration,
 might create an imbalance in the conditions of
 competition and therefore directly affect the
 functioning of the common market; whereas in this
 field the approximation of laws provided for under
Article 100 of the Treaty should therefore be
 instigated;
Whereas, under Article 2 (c) and (d) of Council                 Unchanged.
 Directive 75/442/EEC (') on the disposal of waste in
general, waste waters and substances used in farming,
with the exception of waste in liquid form, are
excluded from the scope of that Directive;
Whereas the measures for which provision is made in             Unchanged.
 Council Directive 78/319/EEC of 20 March 1978 on
toxic and dangerous waste (2) also apply to sewage
sludge containing or contaminated by substances or
materials listed in the Annex to that Directive which
are of such a nature or are present in such quantities
or concentrations that they present a hazard to health
or to the environment;
Whereas special arrangements should be made to                  Unchanged.
ensure that human beings, animals, plants and the
environment are fully safeguarded against the harmful
effects arising from the uncontrolled spreading of
sludge;
Whereas sludge sometimes has valuable agronomic                 Unchanged.
properties and agricultural applications are therefore
justified subject to certain precautions being taken;
whereas the spreading of sewage sludge must not
impair the quality of agricultural and forestry
products in the long term;
Whereas some trace elements are more toxic to plants            Unchanged.
than others; whereas, consequently, it is necessary to
lay down mandatory values to be complied with at all
times, for the more toxic elements, whilst recom-
mended values, to be complied with as far as possible,
are laid down for the less toxic ones;
Whereas sludge from small sewage plants which                   Unchanged.
process only domestic sewage presents little risk to
the health of human beings and of animals, or to
plants or the environment and this sludge may
therefore be excluded from the scope of the
 Directive;
(') OJ No L 194, 25. 7. 1975, p. 47.
O OJ No L 84, 31. 3. 1978, p. 43.
 ---pagebreak--- No C 154/8                            Official Journal of the European Communities                             14.6.84
                   ORIGINAL PROPOSAL                                               AMENDED PROPOSAL
Whereas to this end the amount of trace elements                 Unchanged.
added to soil under cultivation should be restricted by
limiting the total input of such elements into the soil
over a given period, whilst at the same time ensuring
that a concentration threshold for those elements in
the soil is not exceeded, or even by prohibiting the
use of sludge with an excessive concentration of trace
elements;
Whereas, in order to safeguard human health, the                 Whereas, in order to safeguard human health, the
spreading of sludge on crops which would come into               spreading of sludge on crops which would come into
direct contact with it, and/or which are supplied raw            direct contact with it, and/or which are supplied raw
to consumers, must be prohibited; whereas this                   to consumers, must be prohibited; whereas this
provision should also apply to woodland areas, parks             provision should also apply to parks and playgrounds;
and playgrounds;
Whereas for other crops sludge must be stabilized                Unchanged.
and a certain period must elapse between spreading
the sludge and putting stock out to pasture or
harvesting fodder crops;
Whereas sludge which is directly pumped or worked                Unchanged,
into the soil may be untreated;
Whereas, in accordance with Council Directives                   Unchanged.
75/440/EEC (») and 80/68/EEC (2), spreading
should be carried out under conditions which ensure
that the soil and the surface and ground water are
protected;
Whereas to this end it is necessary to monitor the               Unchanged.
quality of sludges and of the soils to which they are
applied and hence to make regular analyses and to
communicate the results to the users;
Whereas the scope of this Directive should be limited            Unchanged.
to municipal sludges, certain non-toxic commercial or
agro-food industry sludges, and mixed urban and
industrial or commercial sludges, so excluding
industrial and commercial sludges, which often
contain too high a load of one or more trace
elements,
HAS ADOPTED THIS DIRECTIVE:                                      Unchanged.
                          Article 1                               Unchanged.
 For the purposes of this Directive:
 (a) 'sludge' means residual sludge from            sewage
     treatment plants treating urban or              similar
 (') OJ No L 194, 25. 7. 1975, p. 26.
 (2) OJ No L 20, 26. 1. 1980, p. 43.
 ---pagebreak--- 146.84                             Official Journal of the European Communities                         No C 154/9
                   ORIGINAL PROPOSAL                                             AMENDED PROPOSAL
    effluents and mixed effluents, that is, mixtures of
    urban and industrial or commercial effluents;
(b) 'stabilized sludge' means sludge which has
    undergone biological or chemical treatment or
    long-term storage;
(c) 'agriculture' means the commercial growing of all
    types of food crops;
(d) 'spreading of sewage sludge' means all uses of
    sewage sludge on and in the soil.
                        Article 2                                                     Article 2
Sewage sludge from treatment plants treating only             Sewage sludge from sewage treatment plants with a
urban or similar effluents and serving throughout the         processing capacity of under 300 kg B O D s (raw) per
year a population of less than 5 000 persons shall be         day, corresponding to the equivalent values for a
excluded from the scope of this Directive.                    population of 5 000, shall be excluded from the scope
                                                              of this Directive, if throughout the year such plants
                                                              treat only domestic effluent.
                        Article 3                             Unchanged.
Mandatory (M) and recommended (R) values shall be
laid down for the trace element concentrations in the
sludge, for the cumulative quantities of trace elements
introduced into soil used for agriculture and for
permissible concentrations of trace elements in the
receiving soils.
Member States shall ensure that the mandatory values
laid down in Annexes I A, I B and I C are complied
with when sludge is spread.
Member States shall make every effort to observe the
recommended values laid down in Annexes I A, I B
and I C where local conditions permit.
                        Article 4                             Unchanged.
Sludge having a concentration of one or more
elements listed in Annex I A higher than the
mandatory values may not be used in agriculture.
Member States shall make every effort to observe the
recommended values laid down in Annex I A where
local conditions permit.
Member States shall take whatever steps are necessary
to ensure that sludge of this type is disposed of with
minimum risk to human beings, animals, plants and
the environment.
 ---pagebreak---  No C 154/10                        Official Journal of the European Communities                              14.6.84
                    ORIGINAL PROPOSAL                                             AMENDED PROPOSAL
                         Article 5                             Unchanged.
Repeated applications of sludge must not lead to an
accumulation of trace elements in the soil exceeding
the mandatory values laid down in Annex I C.
For trace elements for which mandatory values have
been fixed in Annex I B, Member States shall lay
down the maximum amounts which may be added
per unit of soil surface area per year, calculated over
10 years.
For trace elements for which recommended values are
given in Annex I B, Member States shall make every
effort to observe the recommended values where local
conditions permit.
                        Article 6
Member States shall prohibit the spreading on soil of
sludge in which the concentration of one or more
trace elements exceeds the mandatory values laid
down in Annex I C.
Member States shall make every effort to observe the
recommended values laid down in Annex I C where
local conditions permit.
                        Article 7                                                      Article 7
Without prejudice to Article 8:                                Without prejudice to Article 8:
— sludge shall be stabilized before being used in              — sludge shall be stabilized before being used in
    agriculture, and                                               agriculture,
— non-stabilized sludge may be used only if it is              — non-stabilized sludge may be used only if it is
    immediately injected or worked into the soil.                  immediately injected or worked into the soil,
                                                               — sewage producers shall provide all the necessary
                                                                   information and the test values for every
                                                                   consignment of sludge.
                        Article 8                                                      Article 8
1.    Member States shall prohibit the application of          1.    Member States shall prohibit the application of
sludge in parks, playgrounds and woodlands save                sludge in parks and playgrounds. Special authori-
where special authorization has been granted for               zation for the application of sludge in woodlands shall
special reasons.                                               be substantiated by special reasons.
2.    Grassland shall not be grazed and forage crops           2.    Unchanged.
shall not be harvested for at least six weeks after the
application of stabilized sludge.
3.    Member States shall prohibit the spreading of            3.    Unchanged.
sludge on crops which would be in direct contact
with the sludge and/or are supplied raw to
consumers.
 ---pagebreak---  14.6.84                            Official Journal of the European Communities                           No C 154/11
                   ORIGINAL PROPOSAL                                               AMENDED PROPOSAL
                        Article 9                                                       Article 9
The application of sludge shall be carried out in              The application of sludge shall be carried out in
accordance with the following rules:                           accordance with the following rules:
— the sludge shall be spread in a manner which                 — unchanged,
    fulfils the needs of the plants and preserves the
    quality of the soil and of the surface and ground
    water,
— sludge shall not be spread on soil with a p H value          — sludge shall not be spread on soil with a p H value
    which will allow excessive mobility of the trace               which will allow excessive mobility of the trace
    elements. Member States shall ensure that the pH               elements.
    value of the soil does not fall below six after
    spreading.
                        Article 10                             Unchanged.
Sludge and the soil on which it is spread shall be
 analyzed in accordance with the schedule in Annex
II.
                       Article 11                                                      Article 11
Member States shall ensure that a record is kept of            Member States shall ensure that producers of sludge
the amounts of sludge produced, of the quantities              keep a record in which they enter at quarterly
supplied for use in agriculture of the recipients, the         intervals:
methods of treatment and of the results of the
analyses referred to in Article 10.                            — the quantities of sludge produced and             the
                                                                   quantities supplied for use in agriculture,
                                                               — its composition and properties,
                                                               — the additives and correctives necessary for direct
                                                                   use in agriculture,
                                                               — the origin of the effluent treated,
                                                               — the type of treatment carried out,
                                                               — the location and characteristics of die sites on
                                                                   which it is discharged.
The record will provide a basis for the consolidated            Unchanged,
report referred to in Article 17.
Information on the methods of treatment and the                Unchanged,
results of the analyses shall be released upon request
to farmers and competent bodies.
                        Article 12                                                     Article 12
Where conditions so demand the Member States may               Where conditions so demand the Member States may
take more stringent measures than those provided for           take more stringent measures than those provided for
in this Directive.                                             in this Directive. Any decision of this nature shall be
                                                               immediately communicated to the Commission and to
                                                               the committee provided for in Article 14.
 ---pagebreak--- No C 154/12                            Official Journal of the European Communities                14.6.84
                    ORIGINAL PROPOSAL                                             AMENDED PROPOSAL
                         Article 13                               Unchanged.
 In accordance with the procedure referred to in
Article 15, adaptation to technical progress shall
concern:
— the values given in Annex I,
— the analyses specified in Annex II,
— methods of sampling and analysis.
                         Article 14                               Unchanged.
 1.    A committee for adapting this Directive to
technical progress (hereinafter called 'the Committee'
is hereby set up. It shall consist of representatives of
the Member States with a representative of the
Commission as chairman.
2.     The Committee shall draw up its own rules of
procedure.
                         Article 15                               Unchanged.
1.     Where the procedure laid down in this Article is
to be followed, matters shall be referred to the
Committee by the chairman, either on his own
initiative or at the request of the representative of a
Member State.
2.     The representative of the Commission shall
submit to the Committee a draft of the measures to
be adopted. The Committee shall deliver its opinion
on the draft within a period to be determined by the
chairman according to the urgency of the matter. It
shall decide by a majority of 45 votes, the votes of the
Member States being weighted as provided for in
Article 148 (2) of the Treaty. The chairman shall not
vote.
3. (a) The Commission shall adopt the measures
         envisaged where these are in accordance with
         the opinion of the Committee.
    (b) Where the measures envisaged are not in
         accordance with the opinion of the Committee
         or if no opinion has been given, the
         Commission shall forthwith propose to the
         Council the measures to be adopted. The
         Council shall act by a qualified majority.
    (c) If, within three months of the proposal being
         submitted to it, the Council has not acted, the
         measures proposed shall be adopted by the
         Commission.
                         Article 16                               Unchanged.
1.     Member States shall bring into force the laws,
regulations and administrative provisions necessary to
comply with this Directive within three years of its
 ---pagebreak--- 14.6. 84                             Official Journal of the European Communities                           N o C 154/13
                   ORIGINAL PROPOSAL                                                     AMENDED PROPOSAL
notification. They shall        forthwith     inform    the
Commission thereof.
2.    Member States shall communicate to the
Commission the texts of the provisions of national
law which they adopt in the field covered by this
Directive.
                       Article 17                                                            Article 17
Five years after the notification of this Directive and            Two years after the implementation of this Directive
every three years thereafter, Member States shall                  and every three years thereafter, Member States shall
prepare a consolidated report on the use of sludge in              prepare a consolidated report on the use of sludge in
agriculture setting out the quantities applied and the             agriculture setting out the quantities applied and the
percentage thereof on each type of soil, the criteria              percentage thereof on each type of soil, the criteria
used and any difficulties encountered; they shall                  used and any difficulties encountered; they shall
publish the information contained therein.                         publish the information contained therein.
                       Article 18                                  Unchanged.
This Directive is addressed to the Member States.
                                                  ANNEX IA (unchanged)
                         Limit values of trace-element concentrations in sludge for use in agriculture
                                                     (mg/kg dry matter)
             Element                                           R                                M
             Cadmium (Cd)                                      20                                40
             Copper (Cu)                                    1000                              1 500
             Nickel (Ni)                                      300                               400
             Lead (Pb)                                        750                             1000
             Zinc (Zn)                                      2 500                             3 000
             Chromium (Cr)                                    750
             Mercury (Hg)                                      16
 ---pagebreak--- N o C 154/14                           Official J o u r n a l of the E u r o p e a n Communities                  14.6.84
                                                   ANNEX         IB (unchanged)
            Amounts of trace elements which may be added annually to agricultural land, based on a 10-year
                                                               average
                                                              (kg/ha/yr)
            Element                                                  R                            M
            Cadmium (Cd)                                           0,10                          0,15
            Copper (Cu)                                           10                            12
            Nickel (Ni) ,                                          2                             3
            Lead (Pb)                                            10                             15
            Zinc (Zn)                                            25                            30
            Arsenic (As)                                           0,35
            Chromium (Cr)                                        10
            Mercury (Hg)                                           0,40
                                                  ANNEX         IC (unchanged)
                   Concentrations of trace elements admissible in agricultural soil to which sludge is applied
                                                        (mg/kg dry matter)
           Element                                                  R                             M
           Cadmium (Cd)                                              1                             3
           Copper (Cu)                                              50                           100
           Nickel (Ni)                                              30                            50
           Lead (Pb)                                                50                           100
           Zinc (Zn)                                              150                           300
           Arsenic (As)                                             20
           Chromium (Cr)                                           50
           Mercury (Hg)                                              2
                                                 ANNEX         IIA (unchanged)
                                                           Sludge analysis
           As a rule, sludge is to be analyzed at least every six months. Where changes occur in the charac-
           teristics of the sewage being treated, the frequency of the analyses must be increased. If the results
           of the analysis do not vary significantly over a full year, the sludge must be analyzed every 12
           months.
           Analysis should cover the following parameters:
           — dry matter, organic matter,
           — pH,
           — nitrogen and phosphorous,
           — copper, cadmium, nickel, lead and zinc.
           It is for the Member States to decide whether the following parameters should also be calculated:
           — C / N ratio,
           — salinity,
           — faecal content.
           Analyses must also be carried out for the other trace elements for which the Member States have
           fixed recommended values.
 ---pagebreak--- 14.6.84                          Official Journal of the European Communities                                           N o C 154/15
                                                    ANNEX IIB (unchanged)
                                                             Soil analysis
        Soils must be analyzed prior to the first application of sludge and every five years thereafter (')
        Analysis should cover the following parameters:
        -    P H,
        — copper, cadmium, nickel, lead and zinc.
        It is for the Member States to decide whether the following parameters should also be calculated:
        — physical characteristics of the soil,
        — buffering capacity.
        Analyses must also be carried out for the other trace elements for which the Member States have
        fixed recommended values.
        ( l ) The number of soil samples taken will depend on the homogeneity of the soil and the land area; the depth at
               which samples are taken will depend on the type of crop.