CELEX: 51984PC0673
Language: en
Date: 1984-12-04
Title: PROPOSAL FOR A COUNCIL DECISION ON A SUPPLEMENT IN RESPECT OF CADMIUM TO ANNEX IV TO THE CONVENTION FOR THE PROTECTION OF THE RHINE AGAINST CHEMICAL POLLUTION

17.1.85                             Official Journal of the European Communities                          No C 16/7
                                                           II
                                                   (Preparatory Acts)
                                              COMMISSION
             Proposal for a Council Decision on a supplement in respect of cadmium, to Annex IV to
                     the Convention for the Protection of the Rhine Against Chemical Pollution
                                                  COM(84) 673 final
                          (Submitted by the Commission to the Council on 6 December 1984)
                                                     (85/C 16/08)
THE COUNCIL OF THE EUROPEAN                                    Whereas      the    International   Commission    has
COMMUNITIES,                                                   established limit values for cadmium in the form of a
                                                               proposal designed to supplement Annex IV to the
Having regard to the Treaty establishing the                   Convention;
European Economic Community, and in particular
Article 235 thereof,                                           Whereas Directive 83/513/EEC lays down limit
                                                               values for the discharge of cadmium into the aquatic
Having regard to the proposal from the Commission,             environment of the Community ( 2 ); whereas these
                                                               limit values are identical to those set out in the
Having regard to the opinion of the European                   proposal of the International Commission; •
Parliament,
                                                               Whereas it is desirable that the Community, as a
Having regard to the opinion of the Economic and               contracting party to the Convention, adopt the
Social Committee,                                              abovementioned proposal,
                                                               HAS DECIDED AS FOLLOWS:
Whereas, by Council Decision 77/586/EEC (x), the
Community concluded the Convention for the
                                                                                        Article 1
Protection of the Rhine Against Chemical Pollution,
hereinafter referred to as 'The Convention', and the           The proposal from the International Commission for
Additional Agreement to the Agreement signed in                the Protection of the Rhine Against Chemical
Berne on 29 April 1963 concerning the International             Pollution, intended to supplement in respect of
Commission for the Protection of the Rhine Against              cadmium Annex IV to the Convention for the
Pollution, hereinafter referred to as the 'International        Protection of the Rhine Against Chemical Pollution,
Commission';                                                    is hereby adopted on behalf of the European
                                                                Economic Community.
Whereas, under Article 5 of the Chemical
Convention, the International Commission proposes              The text of the proposal is attached.
limit values for the discharge of certain substances
into the surface waters of the Rhine basin by way of                                    Article 2
amendments to Annex FV to the Convention;                      The President of the Council will notify the
whereas, under Article 14 of the Convention,                    Government of the Swiss Confederation, in
unanimous acceptance by the contracting parties to              accordance with the procedures laid down by the
the Convention is necessary for the entry into force            Chemical Convention, of the adoption of the
of these amendments;                                            proposal referred to in Article 1.
0) OJ No L 240, 19. 9. 1977, p. 35.                             O OJ No L 291, 24. 10. 1983, p. 1.
 ---pagebreak--- N o C 16/8                            Official J o u r n a l of the E u r o p e a n C o m m u n i t i e s                          17. 1. 85
                                                                ANNEX
              Proposal from the International Commission for the protection of the Rhine against pollution to
              supplement Annex IV to the Convention on the protection of the Rhine against chemical pollution,
                                               signed in Bonn on 3 December 1976
              The International Commission for the Protection of the Rhine Against Pollution,
              Having regard to the Convention on the Protection of the Rhine Against Chemical Pollution,
              signed in Bonn on 3 December 1976,
              Having regard in particular to Articles 3, 4, 5 and 14 thereof,
              Proposes to the Contracting Parties to the Convention that Annex IV to the Convention of
              3 December 1976 be supplemented as follows in respect of cadmium:
 Substance or                                 Limit value in terms of the          Limit value in terms of the  Time limit for
   group of                                 maximum concentration of a              maximum quantity of a          existing       Remarks
  substances              -                             substance                           substance             discharges
       1                    2                                3                                  4                      5             6
Cadmium         1. Zinc mining, lead and     Monthly average of 0,2                                              1. 1. 1989    C), (2), O ,
                   zinc refining, cad-       milligrams of cadmium
                   mium metal and non-      per litre of discharge                                                             0)
                   ferrous metal industry
                                            For existing discharges                                              1. 1. 1986
                                            the     provisional      limit
                                            value of 0,3 milligrams
                                            of cadmium per litre of
                                            discharge is valid as a
                                            monthly average
                2. Manufacture of cad-      Monthly average of 0,2                             O                 1. 1. 1989    O , (2). (3)
                   mium compounds           milligrams of cadmium
                                            per litre of discharge
                                            For existing discharges              For existing discharges         1. 1. 1986
                                            the     provisional      limit       the     provisional      limit
                                            value of 0,5 milligrams              value of 0,5 kilograms
                                            of cadmium per litre of              of cadmium per tonne of
                                            discharge is valid as a              cadmium used in pro-
                                            monthly average                      duction is valid as a
                                                                                 monthly average
                3. Manufacture of pig-
                   ments
                                            Monthly average of 0,2
                                            milligrams of cadmium
                                                                                               o                 1. 1. 1989    O, (2), o
                                            per litre of discharge
                                            For existing discharges              For existing discharges         1. 1. 1986
                                            the     provisional      limit       the     provisional      limit
                                            value of 0,5 milligrams              value of 0,3 kilograms
                                            of cadmium per litre of              of cadmium per tonne of
                                            discharge is valid as a              cadmium used in pro-
                                            monthly average                      duction is valid as a
                                                                                 monthly average
                4. Manufacture of stabi-    Monthly average of 0,2                             (5)               1. 1, 1989    C), O , C)
                   lizers                   milligrams of cadmium
                                            per litre of discharge
                                            For existing discharges              For existing discharges         1. 1. 1986
                                            the     provisional      limit       the     provisional      limit
                                            value of 0,5 milligrams              value of 0,5 kilograms
                                            of cadmium per litre of              of cadmium per tonne of
                                            discharge is valid as a              cadmium used in pro-
                                            monthly average                      duction is valid as a
                                                                                 monthly average
 ---pagebreak--- 17. 1. 85                                       Official J o u r n a l of the E u r o p e a n C o m m u n i t i e s                       N o C 16/9
   Substance or                                         Limit value in terms of the          Limit value in terms of the  Time limit for
     group of                                          maximum concentration of a              maximum quantity of a         existing       Remarks
    substances                  -                                 substance                           substance             discharges
          1                       2                                    3                                  4                      5             6
Cadmium              5. Manufacture of pri-            Monthly average of 0,2                            (5)               1. 1. 1989    (')> O , O
(continued)             mary and secondary             milligrams of cadmium
                        batteries                      per litre of discharge
                                                       For existing discharges              For existing discharges        1. 1. 1986
                                                       the     provisional     limit        the    provisional      limit
                                                       value of 0,5 milligrams              value of 1,5 kilograms
                                                       of cadmium per litre of              of cadmium per tonne of
                                                       discharge is valid as a              cadmium used in pro-
                                                       monthly average                      duction is valid as a
                                                                                            monthly average
                     6. Electroplating                 Monthly average of 0,2                            (5)               1. 1. 1989    (l)> O , (3)>
                                                       milligrams of cadmium                                                             C)
                                                       per litre of discharge
                                                       For existing discharges              For existing discharges        1. 1. 1986
                                                       the     provisional     limit        the    provisional      limit
                                                       value of 0,5 milligrams              value of 0,3 kilograms
                                                       of cadmium per litre of              of cadmium per tonne of
                                                       discharge is valid as a              cadmium used in pro-
                                                       monthly average                      duction is valid as a
                                                                                            monthly average
                     7. Manufacture of phos-                                                                                             O , (2), C)>
                        phoric acid and/or
                        phosphatic       fertilizer
                        from phosphatic rock
                                                                                                                                         o
If necessary, the limit values for other industries will be proposed by the International Commission at a later stage. In the
meantime, the Governments will fix emission standards for cadmium discharges autonomously in accordance with Articles 3
and 4 of the Convention. These standards must take account of the best technical means available and must not be less stringent
than the nearest comparable limit value in the above table.
Pursuant to Articles 14 and 19 of the Convention, the measures set out in the above table will enter into force after their
unanimous acceptance by the Contracting Parties to the Convention.
The Contracting Parties will notify their acceptance to the Government of the Swiss Confederation, which will acknowledge
reception of notification.
(') The limit values given in the above columns refer to the determination of the cadmium contained in an unfiltered sample. They apply to the
     total cadmium content of all the waste arising from production processes at the site of the production installation.
     If the waste water containing cadmium is treated outside the installation in an establishment designed to eliminate the cadmium, Governments
     may allow the limit values to be applied at the point of discharge at the exit of that establishment.
(2) The daily limit values are obtained by multiplying the monthly limits in the above columns by two.
     For measuring, analysis and sampling methods, see the recommendantions made by the International Commission on 20 June 1983 in
     Luxembourg.
(') In the case of industrial sectors where limit values are expressed in terms of both maximum concentration and maximum quantity of cadmium,
     both should be applied. However, the competent authorities may authorize emission standards which exceed the applicable limit value
     expressed in terms of maximum concentration where the following two conditions are met:
     (a) the volume of waste water discharged is greatly reduced by special water-saving measures; and
     (b) the limit value expressed in terms of the maximum quantity of cadmium is respected.
 4
( ) In the case of industrial sector 1, for which there are only limit values expressed in terms of maximum concentration, Governments should —
     in an attempt to establish future limit values expressed in terms of maximum quantity, to fix those limit values and to bring them into force on
     1 January 1989 — provide the international Commission, at least every two years, with the relevant figures for the average monthly quantities
     of per tonne of cadmium produced of cadmium effectively discharged by the various branches in industrial sector 1.
(s) For the time being, it is impossible to fix limit values expressed in terms of maximum quantity. The International Commission will propose such
     values, where necessary, in accordance with Article 5 of the Convention. If the International Commission does not propose limit values, then
     the values expressed in terms of maximum quantity (which are to be respected as from 1 January 1986) will be retained.
 ---pagebreak--- No C 16/10                                      Official Journal of the European Communities                                              17. 1. 85
(6) When this is made absolutely necessary by the technical or administrative situation, governments may suspend up to 1 January 1989 application
    of the limit values for installations not discharging more than 10 kilograms of cadmium per year where the total volume of all the electroplating
    tanks is not more than 1,5 m3.
(') The cadmium content of discharges from industrial sector 7 may be reduced appreciably when the waste containing the cadmium is eliminated.
    This waste must be eliminated from the discharge where underground storage or recycling is possible in such a way that the danger to the
    environment is not increased. However, local conditions are such that elimination of this kind is not yet possible everywhere. Consequently,
    economically acceptable techniques, which allow the cadmium to be extracted systematically from these discharges, are not applicable in these
    cases. No limit value has therefore been fixed for industrial sector 7. In view or the large quantities of cadmium discharged by industrial sec-
    tor 7, the International Commission will draw up proposed limit values for that sector as soon as appropriate methods are available. In the
    meantime, Governments will set emission standards for cadmium autonomously in accordance with Articles 3 and 4 of the Convention, taking
    account of any possibilities of eliminating the waste containing the cadmium. For new discharges the cadmium must be eliminated from the
    waste water.