CELEX: 51975PC0688
Language: en
Date: 1975-12-23
Title: PROPOSAL FOR A COUNCIL DIRECTIVE CONCERNING THE DUMPING OF WASTES AT SEA

20. 2. 76                        Official Journal of the European Communities                             No C 40/3
                                                        II
                                                (Preparatory Acts)
                                            COMMISSION
                     Proposal for a Council Directive concerning the dumping of wastes at sea
                        (Submitted by the Commission td the Council on 12 January 1976)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                    framework of these conventions, may affect
                                                            conditions of competition and the functioning of the
                                                            common market;
Having regard to the Treaty establishing the
European Economic Community, and in particular              Whereas it is therefore necessary to assure that
Article 100 thereof,                                        actions taken to implement these conventions are
                                                             coordinated;
Having regard to the proposal from the Commission,
                                                            Whereas in order to ensure an effective protection of
Having regard to the opinion of the European                 the environment it is necessary to prohibit the
Parliament,                                                  discharge into the sea of certain dangerous
                                                             substances, on one hand, and on the other to set up a
Having regard to the opinion of the Economic and             uniform system of permits in order to regulate and
Social Committee,                                            control, according to homogeneous criteria, the
                                                             dumping of any other wastes and materials;
Whereas the Programme of Action of the European              Whereas in order to meet situations of a particularly
Communities on the environment provides for action           critical nature it is necessary to allow for exemption
to be taken in order to control the deliberate               from the applicability of the prohibition resulting
discharge of waste into the sea;                             from this Directive;
Whereas the protection of the environment                    Whereas it is important that Member States
necessitates the prevention or reduction of marine           collaborate in establishing research programmes
pollution and the safeguarding of the environment            which will minimize the amount of harmful waste
against deliberate dumping of wastes and materials           requiring disposal;
from ships and aircraft at sea;
                                                              Whereas in order to allow a satisfactory
                                                              implementation of the present Directive, the
Whereas a number of conventions, and in particular
                                                              Commission should study and consider the records of
the Convention for the Prevention of Marine
                                                              the permits issued, keep under review the measures
Pollution by Dumping from Ships and Aircraft,
                                                              adopted by Member States and consider the need for
signed at Oslo on 15 February 1972 and the
                                                              any other measures,
Convention on the Dumping of Wastes at Sea signed
at London on 13 November 1972 are designed to
protect the marine environment from this particular           HAS ADOPTED THIS DIRECTIVE:
source of pollution; whereas another similar
agreement, which covers the Mediterranean is in the
course of preparation;                                                                Article 1
 Whereas any disparity between the provisions on             This Directive shall apply for the purpose of
 dumping of wastes at sea already applicable or in           preventing and abating pollution of the sea caused by
 preparation in the Member States within the                 dumping from ships and aircraft.
 ---pagebreak--- N o C 40/4                          Official Journal of the European Communities                             20. 2. 76
                          Article 2                           granted by the competent authorities referred to in
                                                              Article 6.
For the purpose of this Directive:
1. The term 'dumping' means any deliberate disposal
    of substances and materials into the sea by or                                    Article 6
    from ships or aircraft other than:
    (a) any discharge incidental to, or derived from,         1.    Member States shall designate one or more
         the normal operation of ships and aircraft and       competent authorities to:
         their equipment;
                                                              (a) issue the special permits provided for in Article
    (b) the placing of substances and materials for a              5.1;
         purpose other than the mere disposal thereof,
         if not contrary to the aim of this Directive.        (b) issue the general permits provided for in Article
                                                                   5.2;
2. The term 'ships and aircraft' means sea-going              (c) keep records of the nature and quantities of the
    vessels and air-borne craft of any type whatsoever,            wastes or other materials to be dumped and the
    including air-cushion craft, floating craft whether            location, time and method of dumping.
    self-propelled or not, and fixed or floating
    platforms.
                                                              2.    The competent authorities of each Member
                                                              State shall issue the permits provided for in Article
                                                              5.1 and 5.2 in respect of the wastes or other materials
                                                              intended for dumping:
                          Article 3
                                                              (a) loaded in the territory of the Member State; or
1.     This Directive shall apply:
                                                              (b) loaded by a ship or aircraft registered in the
— to ships and aircraft registered in the territory of a           territory or flying the flag of that Member State,
     Member State,                                                 or on a platform or on other man-made
— to ships and aircraft loading in the territory of a              structures at sea operating under the authority of
     Member State substances and materials which are               that Member State, when the loading occurs in
     to be dumped,                                                 the territory of a State which is not member of
                                                                   the Community; or
— to ships and aircraft dumping or believed to be
     engaged in dumping within waters falling the              (c) carried in ships and aircraft with a view to
     jurisdiction of a Member State.                               dumping in areas under the jurisdiction of the
                                                                   Member State in this matter.
2.     Nothing in this Directive shall abridge the
sovereign immunity which certain vessels are entitled         3.     The competent authorities shall issue the
to under international law.                                   permits referred to in paragraph 2 only after careful
                                                              consideration of all the factors set forth in Annex III
                                                              to this Directive and they shall be subject to the
                                                              conditions specified in Annex V and to such other
                         Article 4                            conditions as the competent authorities may consider
                                                              appropriate.
The dumping of the substances listed in Annex I to
this Directive is prohibited.
                                                                                       Article 7
                         Article 5                            1.     Each Member State shall require the competent
                                                              authorities to keep records of the nature and the
 1.    It is forbidden to dump wastes or other                quantities of the substances and materials dumped
materials listed in Annex II without a special permit          under permits or approvals issued by that Member
granted in each case by the competent authorities             State, and of the dates, place and methods of
referred to in Article 6.                                     dumping.
2.     Likewise the dumping of other wastes or                 2.    Member States shall transmit this information
materials shall be forbidden without a general permit          to the Commission.                 .
 ---pagebreak--- 20. 2. 76                          Official Journal of the European Communities                            No C 40/5
                        Article 8                             3.    If disposal at sea is the only practicable means,
                                                              the disposal of waste or materials shall be made in
Application for permits should be made following the          accordance with an authorization granted by the
model set out in Annex IV. The issue of permits               Commission.
should be made according to the model set out in
Annex V.
                                                                                     Article 12
                        Article 9                             Member States shall establish complementary or joint
                                                              programmes of scientific or technical research,
Each Member State undertakes to issue instructions            including research on alternative methods of disposal
to its maritime inspection ships and aircraft and to           of harmful substances, and transmit to the
other appropriate services to report to its authorities       Commission the information so obtained. In doing so
any incidents or conditions which give rise to                they will have regard to the work carried out by the
suspicion that dumping in contravention of the                appropriate international organizations and agencies.
provisions of this Directive has occurred or is about
to occur. The Member State shall report accordingly
 to any other Member State concerned and to the                                      Article 13
Commission.
                                                              The Commission shall:
                        Article 10                            (a) study and consider the records of the permits
                                                                   issued in accordance with Articles 5.1 and 5.2,
The provisions of Articles 4 and 5 shall not apply in              and of the dumping which has taken place;
case of force majeure due to stress of weather or any
other cause when human life or the safety of a ship            (b) keep under review the implementation of this
or aircraft is threatened.                                         Directive, and consider the efficacy of the
                                                                   measures adopted and the need for any other
Such dumping shall immediately be reported to the                  measures.
Commission and to any Member State likely to be
affected, together with full details of the
 circumstances and of the nature and quantity of the                                  Article 14
wastes or other materials.
                                                              Member States shall adopt the measures necessary for
                                                               the implementation of this Directive within 18
                        Article 11                             months of its notification, and shall forthwith inform
                                                               the Commission thereof.
  1.   If a Member State in an emergency considers
 that wastes or other materials listed in Annex I to
 this Directive cannot be disposed of on land without                                 Article IS
 unacceptable danger or damage, above all for the
 safety of human life, it shall forthwith consult the
                                                               Member States shall communicate to the Commission
 Commission.
                                                               the texts of the main provisions of national law
                                                               which they adopt in the field covered by this
 2.    The Commission, after consulting the Member             Directive.
 States concerned, shall recommend methods of
 storage or the most satisfactory means of destruction
 or disposal under the prevailing circumstances. The
  Member State to which the recommendation is                                         Article 16
 addressed shall inform the Commission of the steps
 adopted in pursuance of the recommendation.                   This Directive is addressed to the Member States.
 ---pagebreak--- No C 40/6                           Official Journal of the European Communities                               20. 2. 76
                                                          ANNEX     I
          A. T h e following substances are listed for the purpose of Article 4 of the Directive.
                1. Organohalogen compounds and compounds which may form such substances in the
                   marine environment, excluding those which are non-toxic, or which are rapidly converted
                   in the sea into substances which are biologically harmless.
               2. Organosilicon compounds and compounds which may f o r m such substances in the marine
                   environment, excluding those which are non-toxic, or which are rapidly converted in the
                   sea into substances which are biologically harmless.
               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 taken on board for the purpose of dumping.
               7. High-, medium- and low-level radioactive wastes or other high-, medium- and low-level
                   radioactive materials as defined by the Council on a proposal of the Commission before 1
                   January 1978 as unsuitable for dumping at sea.
               8. Acids and alkalis f r o m 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.
          B. This Annex does not apply to substances which are rapidly rendered harmess by physical,
               chemical or biological processes in the sea provided they do not:
                (i) make edible marine organisms unpalatable; or
               (ii) endanger h u m a n health or that of domestic animals.
          C. This Annex does not apply to wastes or other materials, containing the matters referred to
               in paragraphs 1 to 6 above as traced contaminants. Such wastes shall be subject to the
               provisions of Annexes II and III as appropriate.
                                                          ANNEX    II
          T h e following wastes and other matter requiring special care are listed for the purposes of
          Article 5:
          1.    (i) Arsenic, lead, copper, zinc, beryllium, chromium, nickel, vanadium and their compounds;
               (ii) Cyanides and fluorides;
              (iii) Pesticides and their by-products not covered in Annex I;
              (iv) Synthetic organic chemicals.
          2. Acids and alkalis not covered in Annex I.
 ---pagebreak--- 20. 2. 76                            Official Journal of the European Communities                              N o C 40/7
          3. Containers, scrap metal and other bulky wastes liable to sink to the sea bottom which may
             present a serious obstacle to fishing or navigation.
          4. 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.
          5. Radioactive wastes or other radioactive materials not included in Annex I.
                                                        ANNEX 111
          Provisions to be considered in establishing criteria governing the issue of permits for the dumping
          of matter at sea taking into account Article 6, paragraph 3, 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.
              8. Probability of production of taints or other changes reducing market ability of 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, oxygen indices of
                 pollution — dissolved 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.
 ---pagebreak--- No C 40/8                         Official Journal of the European Communities                                  20. 2. 76
             7. Bottom characteristics (e.g., topography, geochemical and geological characteristics and
                 biological 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. In issuing an authorization for dumping, the competent national authorities should
                 consider whether an adequate scientific basis, taking into account seasonal variations,
                 exists for assessing, as outlined in this Annex, the consequences of such dumping in that
                 area, e.g., taking into account seasonal variations.
          C. GENERAL CONSIDERATIONS AND CONDITIONS
              1. Possible effects on amentities (e.g., 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
                 harvesting 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
                 elimination, or of treatment to render the matter less harmful for sea dumping.
                                                       ANNEX     IV
          Reference:                                             For official use
           1. (a) Name and address of applicant:                        Technical contact
                                                                 1. (b) Name:
                   Phone No:                                            Phone No:
           2. (a) Name and address of producer of                       Technical contact
                   waste if other than in 1 (a) above:
                                                                 2. (b) Name:
                   Phone No:                                            Phone No:
 ---pagebreak--- 20. 2. 76                          Official Journal of the European Communities                             No C 40/9
          3. (a) Name and address of sea disposal                       Technical contact
                   contractor or shipper if other than
                   in 1 (a) above:                              3. (b) Name:
                   Phone No:                                            Phone No:
          4. Category of                       Quantity                 Unit               For official use
             waste and                                             (please state)
             annual quantity
             for dumping                                                                   Type of waste:
              (a) Dredging
                    spoil
              (b) Sewage                             Undiges-
                                         Digested
                    sludge                              ted                                Code:
                     (i) Wet
                          weight
                    (ii) Dry
                          weight
              (c) Other sludge                                                             Quantity:
              (d) Liquid waste
               (e) Solid waste                            (net)
          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,
                    dipping, distillation, kiering, tanning,
                    purification of fine chemicals by
                    crystalization):
               (c) Is the waste to be treated before
                    dumping?
               (d) (i) If so, please state whether by
                          settlement, filtration, neutrali-
                          zation or biological treatment:
                     (ii) or by any other process, namely:
           6. (a) Are samples N O W available for testing if required?
                (b) If not, when can samples be made available?
           7. Are you already in possession of a valid consent?
                                                                 (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:
 ---pagebreak--- No C 40/10                          Official Journal of the European Communities                               20. 2. 76
            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) PH
                 (c) 5-day BOD value
                     or COD/PV value
                     or total organic carbon
                (d) Suspended solids (mg/1.)
                 (e) Dissolved solids (mg/1.)
                 (f) Radioactive characteristics
            12. Chemical composition. Please complete the following list stating units of concentration and
                whether the analysis is: (i) on a dry weight or wet 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 chloride)
           Lead                                                 Organohalogens, state
           Copper                                               which:
           Zinc
           Beryllium                                            Organosilicon compounds
           Chromium                                             Antibiotics
           Nickel                                               Vitamine
           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.
 ---pagebreak--- 20. 2. 76                        Official Journal of the European Communities                           N o C 40/11
          13. (a) Type
              (b) Capacity
              (c) Method of sealing (i.e. bung or lid,
                   clipped or welded):
              (d) Whether container is to be cased in
                   concrete:
              (e) Form of 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 description of the waste for which this application is made.
                     (Signature)                        (Position)                      (Date)
                                                   For official use
          Recommendation:
           Qualifications:
           Area agreed:
           Qualifications:
 ---pagebreak--- No C 40/12                        Official Journal of the European Communities                                20. 2. 76
                                                       ANNEX     V
                                                        PERMITS
           This licence 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 licence:
            2. Name and address of licenses:                    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 licence:                          Months          From          To
           6. Quantity for disposal within this period:        7. Method of disposal:
           8. Disposal area (a):
           9. Certified returns to be submitted to
               show that dumping have taken place:
               (Nil returns are required where
               applicable)
           10. Supplementary conditions relating to the dumping operations:
                (a) 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
                application to which this licence relates, you are required to notify the licensing authority
                before dumping of the waste continues.
           12. Copies of this licence 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 storage of the waste specified overleaf.
 ---pagebreak--- 20. 2. 76                        Official Journal of the European Communities                                No C 40/13
          Notes.
          (a) The licensing authority may revoke this licence 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 licence is guilty of an offence under
                                                                             (Signed)
                                                     For and on behalf of the licensing authority.
                                                                              (Date)