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Council Directive 82/883/EEC of 3 December 1982 on procedures for the surveillance and monitoring of environments concerned by waste from the titanium dioxide industry

Modified by

Actconcerning the conditions of accession of the Kingdom of Spain and the Portuguese Republic and the adjustments to the Treaties, 185I, November 15, 1985
Actconcerning the conditions of accession of the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden and the adjustments to the Treaties on which the European Union is founded(94/C 241/08)Decision of the Council of the European Unionof 1 January 1995adjusting the instruments concerning the accession of new Member States to the European Union(95/1/EC, Euratom, ECSC), 194N395D0001, August 29, 1994
Decision of the Council of the European Unionof 1 January 1995adjusting the instruments concerning the accession of new Member States to the European Union(95/1/EC, Euratom, ECSC), 395D0001, January 1, 1995
Council Regulation (EC) No 807/2003of 14 April 2003adapting to Decision 1999/468/EC the provisions relating to committees which assist the Commission in the exercise of its implementing powers laid down in Council instruments adopted in accordance with the consultation procedure (unanimity), 303R0807, May 16, 2003
Regulation (EC) No 219/2009 of the European Parliament and of the Councilof 11 March 2009adapting a number of instruments subject to the procedure referred to in Article 251 of the Treaty to Council Decision 1999/468/EC with regard to the regulatory procedure with scrutinyAdaptation to the regulatory procedure with scrutiny — Part Two, 309R0219, March 31, 2009

Council Directiveof 3 December 1982on procedures for the surveillance and monitoring of environments concerned by waste from the titanium dioxide industry(82/883/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Economic Community, and in particular Articles 100 and 235 thereof,Having regard to Council Directive 78/176/EEC of 20 February 1978 on waste from the titanium dioxide industryOJ No L 54, 25.2.1978, p. 19., and in particular Article 7 (3) thereof,Having regard to the proposal from the CommissionOJ No C 356, 31.12.1980, p. 32 and OJ No C 187, 22.7.1982, p. 10.,Having regard to the opinion of the European ParliamentOJ No C 149, 14.6.1982, p. 101.,Having regard to the opinion of the Economic and Social CommitteeOJ No C 230, 10.9.1981, p. 5.,Whereas, irrespective of the method and extent of the treatment of wastes from the titanium dioxide industry, the discharge, dumping, storage on, tipping on or injection into the ground of such wastes must be accompanied by measures for the surveillance and monitoring of the environments concerned from a physical, chemical, biological and ecological point of view;Whereas, in order to monitor the quality of these environments, samples should be taken with a minimum frequency so that the parameters specified in the Annexes may be measured; whereas the number of these sampling operations could be reduced in the light of the results obtained; whereas, to ensure that the monitoring is effective, samples should also be taken if possible in a zone deemed to be unaffected by the discharges in question;Whereas, in connection with the analyses carried out by the Member States, common reference methods of measurement should be fixed for determining the parametric values which define the physical, chemical, biological and ecological characteristics of the environments concerned;Whereas, for the surveillance and monitoring of the environments affected, Member States may at any time lay down other parameters in addition to those laid down by this Directive;Whereas it is necessary to define the details of the methods of surveillance and monitoring which Member States communicate to the Commission; whereas the Commission shall, with the prior agreement of the Member States, publish a consolidated report on these details;Whereas in certain natural circumstances it may prove difficult to carry out the surveillance and monitoring operations, and, accordingly, provision must be made for derogation, in certain cases, from this Directive;Whereas technical and scientific progress may require the rapid adjustment of certain of the provisions contained in the Annex; whereas to facilitate implementation of the requisite measures a procedure should be laid down to establish close cooperation between the Member States and the Commission through a committee on adaptation to scientific and technical progress,HAS ADOPTED THIS DIRECTIVE:

Article 1This Directive lays down, pursuant to Article 7 (3) of Directive 78/176/EEC, the procedures for the surveillance and monitoring of the effects on the environment, having regard to its physical, chemical, biological and ecological aspects, of the discharge, dumping, storage on, tipping on or injection into the ground of waste from the titanium dioxide industry.

Article 2For the purpose of this Directive:"environments affected" means the water, the land surface and underground strata and the air in or into which waste from the titanium dioxide industry is discharged, dumped, stored, tipped or injected,"sampling point" means the point at which samples are taken.

Article 31.The parameters applicable for the surveillance and monitoring referred to in Article 1 are specified in the Annexes.2.Where a parameter appears in the "mandatory determination" column in the Annexes, sampling and analysis of the samples must be carried out in respect of the environmental components indicated.3.Where a parameter appears in the "optional determination" column in the Annexes, the Member States shall, if they consider it necessary, have the sampling and analysis of samples carried out for the environmental components indicated.

Article 41.Member States shall carry out surveillance and monitoring of the environments affected and of a neighbouring zone deemed to be unaffected, special account being taken of local environmental factors and the manner of disposal, i.e. whether intermittent or continuous.2.Except where otherwise specified in the Annexes, Member States shall determine on a case-by-case basis the exact sites from which samples are to be taken, the distance of these sites from the nearest pollutant disposal point and the depth or height at which the samples must be taken.The samples must be taken at the same location and depth and under the same conditions in the course of successive sampling operations, for example in the case of tidal waters, at the same time in relation to high tide, tidal coefficient.3.For the monitoring and inspection of the environments affected, Member States shall determine the frequency of sampling and analysis for each parameter listed in the Annexes.For parameters where determination is mandatory, the frequency of sampling and analysis must not be less than the minimum frequencies indicated in the Annexes. However, once the behaviour, fate and effects of the waste have, as far as possible, been established, and provided there is no significant deterioration in the quality of the environment, Member States may provide for a frequency of sampling and analysis below these frequencies. Should there subsequently be any significant deterioration in the quality of the environment as a result of the waste or of any change in the disposal operation, the Member State shall revert to sampling and analysis at a frequency not less than that specified in the Annexes. If a Member State considers it necessary or advisable, it may distinguish between different parameters, applying this subparagraph to those parameters where no significant deterioration in the quality of the environment has been recorded.4.For the monitoring and inspection of an appropriate neighbouring zone deemed to be unaffected, the laying down of the frequency of sampling and analysis shall be assessed by the Member States. When a Member State finds that it is not possible to identify such a neighbouring zone, it shall inform the Commission to that effect.

Article 51.The reference methods of measurement for determining the parametric values are specified in the Annexes. Laboratories using other methods must ensure that the results obtained are comparable.2.The containers used to carry the samples, the agents or methods used to preserve a part sample with a view to analysis of one or more parameters, the transport and storage of samples and their preparation for analysis must be such that they do not significantly affect the analytical results.

Article 6For the surveillance and monitoring of the environments affected, Member States may, at any time, lay down other parameters in addition to those laid down by this Directive.

Article 71.The report which the Member States are required to forward to the Commission pursuant to Article 14 of Directive 78/176/EEC shall contain details of the surveillance and monitoring operations carried out by the bodies appointed in accordance with Article 7 (2) of that Directive. These details shall, in respect of each environment affected, include the following information:a description of the sampling point, including its permanent features, which may be coded, and other administrative and geographical information. This information shall be provided only once when the sampling point is designated,a description of the sampling methods used,the results of the measurements of the parameters whose determination is mandatory and, where Member States consider it useful, also those of parameters whose determination is optional,the methods of measurement and analysis used and, where appropriate, their limit of detection, accuracy and precision,changes, adopted in accordance with Article 4 (3), in the frequency of sampling and analysis.2.The first set of data to be communicated pursuant to paragraph 1 shall be that gathered during the third year following notification of this Directive.3.The Commission shall, with the prior agreement of the Member State concerned, publish a summary of the information supplied to it.4.The Commission shall assess the effectiveness of the procedure for the surveillance and monitoring of the environments affected and shall — no later than six years after notification of this Directive — place before the Council, if appropriate, proposals to improve this procedure and, if necessary, to harmonize the methods of measurement including their limit of detection, accuracy and precision and the sampling methods.

Article 8Member States may derogate from this Directive in the event of flooding or natural disaster or on account of exceptional weather conditions.

Article 9The Commission shall adopt the requisite amendments to adapt to scientific and technical progress the contents of the Annexes as regards parameters listed in the "optional determination" column and reference methods of measurement.Those measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 11(2).

Article 101.A committee on adaptation to technical progress (hereinafter referred to as "the committee"), consisting of representatives of the Member States and chaired by a Commission representative, is hereby set up.2.The committee shall draw up its rules of procedure.

Article 111.The Commission shall be assisted by the committee.2.Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

Article 12Point (c) of Article 8 (1) of Directive 78/176/EEC is hereby replaced by the following:"(c)if the results of the monitoring which the Member States are obliged to carry out on the environment concerned reveal a deterioration in the area under consideration, or".

Article 13Where waste elimination requires that, in accordance with Article 4 (1) of Directive 78/176/EEC, the competent authorities of more than one Member State should issue prior authorizations, the Member States involved shall consult each other on the content and the implementation of the monitoring programme.

Article 141.The Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive within two years following its notification. They shall forthwith inform the Commission thereof.2.Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field governed by this Directive.

Article 15This Directive is addressed to the Member States.

nullANNEX IMETHOD OF WASTE DISPOSAL: DISCHARGE INTO AIR

If the production process used is the sulphate process.To be used once measuring technology allows continuous measurements to be carried out and where the chlorine process is used.The figures must be sufficiently representative and significant.

Components	Parameters to be determined		Minimum annual sampling and analysis frequency	Comments
Components	mandatorily	optionally	Minimum annual sampling and analysis frequency	Comments
Air	Sulphur dioxide (SO2)Chlorine	Dust	Continuously	1.Region with surveillance by an existing air pollution surveillance network with at least one station near the production site giving representative readings for pollution emanating from the site
			12	2.Region with no surveillance network.Measurement of total amounts of gaseous discharges emitted by the production site. Where a site has a number of discharge sources, sequential measurements may be made.The reference method of measurement for sulphur dioxide is that given in Annex III to Council Directive 80/779/EEC of 15 July 1980 on air quality limit values and guide values for sulphur dioxide and suspended particulates (OJ No L 229, 30.8.1980, p. 30)

ANNEX IIMETHOD OF WASTE DISPOSAL: DISCHARGE INTO OR IMMERSION IN SALT WATER(estuarine, coastal, open sea)

Member States may choose whether to analyse non-filtered or filtered water for substances under "Parameters".Species representative of the site of discharge in particular in terms of their sensitivity to bioaccumulation, e.g. Mytilus edulis, crangon crangon, flounder, plaice, cod, mackerel, red mullet, herring, sole (or other appropriate benthic species).

Components	Parameters to be determined		Minimum annual sampling and analysis frequency	Reference method of measurement
Components	mandatorily	optionally	Minimum annual sampling and analysis frequency	Reference method of measurement
Water columnNon-filtered sea water	Temperature(°C)		3	Thermometry. Measurement is to be carried out on the spot at the time of sampling
	Salinity(‰)		3	Conductimetry
	pH(pH unit)		3	Electrometry. Measurement is to be carried out on the spot at the time of sampling
	Dissolved O2(mg/O2 dissolved/l)		3	Winkler methodElectrochemical method
	Turbidity(mg solids/l)orsuspended matter(mg/l)		3	For turbidity: turbidimetryFor suspended matter: gravimetryWeighing after filtration through 0·45 μm pore size membrane filter and drying at 105 °CWeighing after centrifugation (minimum time five minutes, average acceleration 2800 to 3200 g) and drying at 105° C
	Fe (dissolved and in suspension)(mg/l)		3	After the sample has been appropriately prepared, determination by atomic absorption spectrophotometry or by molecular absorption spectrophotometry
		Cr, total Cd, total Hg(mg/l)	3	Atomic absorption spectrophotometryMolecular absorption spectrophotometry
	Ti(mg/l)	V, Mn, Ni, Zn(mg/l)	3	Atomic absorption spectrophotometry
		Cu, Pb(mg/l)	3	Atomic absorption spectrophotometryPolarography
Sea water filtered through 0·45 μm pore size membrane filter	Dissolved Fe(mg/l)		3	Determination by atomic absorption spectrophotometry or by molecular absorption spectrophotometry
		Cr, Cd, Hg(mg/l)	3	Atomic absorption spectrophotometryMolecular absorption spectrophotometry
		Ti, V, Mn, Ni, Zn(mg/l)	3	Atomic absorption spectrophotometry
		Cu, Pb(mg/l)	3	Atomic absorption spectrophotometryPolarography
Suspended solids remaining in 0·45 μm pore size membrane filter	Total Fe(mg/l)	Cr, Cd, Hg(mg/l)	3	Atomic absorption spectrophotometryMolecular absorption spectrophotometry
		Ti, V, Mn, Ni, Zn(mg/l)	3	Atomic absorption spectrophotometry
		Cu, Pb(mg/l)	3	Atomic absorption spectrophotometryPolarography
	Hydrated oxides and hydroxides of iron(mg Fe/l)		3	Extraction of the sample under appropriate acid conditions; measurement by atomic absorption spectrophotometry or by molecular absorption spectrophotometry.The same method of acid extraction must be used for all samples coming from the same site
SedimentsIn the top layer of sediment as near the surface as possible	Total Ti, Fe(mg/kg dry matter)	V, Cr, Mn, Ni, Cu, Zn, Cd, Hg, Pb(mg/kg dry matter)	1	Identical methods to those for measurements in the water column.After appropriate preparation of the sample (wet or dry mineralization and purification). The quantities of metals must be measured for a specific range of particle sizes
	Hydrated oxides and hydroxides of iron(mg Fe/kg)		1	Identical methods to those for measurements in the water column
Living organismsSpecies representative of the site:benthic fish and invertebrates or other appropriate species	Ti, Cr, Fe, Ni, Zn, Pb(mg/kg wet and dry weight)	V, Mn, Cu, Cd, Hg(mg/kg wet and dry weight)	1	Atomic absorption spectrophotometry after appropriate preparation of the composite sample of ground flesh (wet or dry mineralization and purification)For fish, the metals must be measured in muscle or other appropriate tissue; the sample must consist of at least 10 specimensFor molluscs and crustaceans, the metals must be measured in the flesh. The sample must consist of at least 50 specimens
Benthic fauna	Diversity and relative abundance		1	Qualitative and quantitative classification of representative species, indicating the specimen count per species, density, dominance
Planktonic fauna		Diversity and relative abundance	1	Qualitative and quantitative classification of representative species, indicating the specimen count per species, density, dominance
Flora		Diversity and relative abundance	1	Qualitative and quantitative classification of representative species, indicating the specimen count per species, density, dominance
Fish in particular	Presence of morbid anatomical lesions in fish		1	Visual inspection of samples of the representative species taken for chemical analysis

ANNEX IIIMETHOD OF WASTE DISPOSAL: DISCHARGE INTO FRESH SURFACE WATER

Samples must be taken at the same time of the year and if possible at a depth of 50 cm below the surface.Member States may choose whether to analyse non-filtered or filtered water for substances under "Parameters".

Components	Parameters to be determined		Minimum annual sampling and analysis frequency	Reference method of measurement
Components	mandatorily	optionally	Minimum annual sampling and analysis frequency	Reference method of measurement
Water columnNon-filtered fresh water	Temperature(°C)		3	Thermometry. Measurement is to be carried out on the spot at the time of sampling
	Conductivity at 20 °C(μS cm-1)		3	Electrometric measurement
	pH(pH unit)		3	Electrometry. Measurement is to be carried out on the spot at the time of sampling
	Dissolved O2(dissolved mg O2/l)		3	Winkler methodElectrochemical method
	Turbidity(mg solids/l or suspended matter(mg/l)		3	For turbidity: turbidimetryFor suspended matter: gravimetryWeighing after filtration through 0·45 μm membrane filter and drying at 105 °CWeighing after centrifugation (minimum time five minutes, and average acceleration 2800 to 3200 g) and drying at 105 °C
Non-filtered fresh water	Fe (dissolved and in suspension)(mg/l)		3	After the sample has been appropriatelyprepared, determination by atomic absorption spectrophotometry or by molecular absorption spectrophotometry
		Cr, total Cd, total Hg(mg/l)	3	Atomic absorption spectrophotometryMolecular absorption spectrophotometry
	Ti(mg/l)	V, Mn, Ni, Zn(mg/l)	3	Atomic absorption spectrophotometry
		Cu, Pb(mg/l)	3	Atomic absorption spectrophotometryPolarography
Fresh water filtered through 0·45 μm pore size membrane filter	dissolved Fe(mg/l)		3	Measurement by atomic absorption spectrophotometry or by molecular absorption spectrophotometry
		Cr, Cd, Hg(mg/l)	3	Atomic absorptionMolecular absorption spectrophotometry
		Ti, V, Mn, Ni, Sn(mg/l)	3	Atomic absorption spectrophotometry
		Cu, Pb(mg/l)	3	Atomic absorption spectrophotometryPolarography
Suspended solids remaining in 0·45 μm pore size membrane filter	Fe(mg/l)	Cr, Cd, Hg(mg/l)	3	Atomic absorption spectrophotometryMolecular absorption spectrophotometry
		Ti, V, Mn, Ni, Zn(mg/l)	3	Atomic absorption spectrophotometry
		Cu, Pb(mg/l)	3	Atomic absorption spectrophotometryPolarography
	Hydrated oxides and hydroxides of iron(mg Fe/l)		3	Extraction of the sample under appropriate acid conditions, measurement by atomic absorption spectrophotometry or by molecular absorption spectrophotometry.The same method of acid extraction must be used for all samples coming from the same site
SedimentsIn the top layer of sediment, as near the surface as possible	Ti, Fe(mg/kg dry matter)	V, Cr, Mn, Ni, Cu, Zn, Cd, Hg, Pb(mg/kg dry matter)	1	Identical methods to those for measurements in the water column.After appropriate preparation of the sample (wet or dry mineralization and purification). The quantities of metals must be measured for a specific range of particle sizes
	Hydrated oxides and hydroxides of iron(mg Fe/kg)		1	Identical methods to those for measurements in the water column
Living organismsSpecies representative of the site	Ti, Cr, Fe, Ni, Zn, Pb(mg/kg wet and dry weight)	V, Mn, Cu, Cd, Hg(mg/kg wet and dry weight)	1	Atomic absorption spectrophotometry after appropriate preparation of the composite sample of ground flesh (wet or dry mineralization and purification)For fish, the metals must be measured in muscle or other appropriate tissue; the sample must consist of at least 10 specimensFor molluscs and crustaceans, the metals must be measured in the flesh. The sample must consist of at least 50 specimens
Benthic fauna	Diversity and relative abundance		1	Qualitative and quantitative classification of representative species, indicating the specimen count per species, density, dominance
Planktonic fauna		Diversity and relative abundance	1	Qualitative and quantitative classification of representative species, indicating the specimen count per species, density, dominance
Flora		Diversity and relative abundance	1	Qualitative and quantitative classification of representative species, indicating the specimen count per species, density, dominance
Fish in particular		Presence of morbid anatomical lesions in fish	1	Visual inspection of samples of the representative species taken for chemical analysis

ANNEX IVMETHOD OF WASTE DISPOSAL: STORAGE AND DUMPING ON LAND

Sampling must be carried out at the same time of year.When monitoring surface water and groundwater, particular attention is to be paid to any matter carried by running water from the waste storage area.Sampling must be carried out 50 cm beneath the surface of the water, if possible.Mandatory determination where storage or dumping contains waste from the sulphate process.Mandatory determination where storage or dumping contains waste from the chlorine process.Also includes the measurement of Fe in the filtrate (suspended solids).

Components	Parameters to be determined		Minimum annual sampling and analysis frequency	Reference method of analysis
Components	mandatorily	optionally	Minimum annual sampling and analysis frequency	Reference method of analysis
1.Unfiltered surface wateraround the site in the area affected by the storage and at a point outside this area2.Unfiltered groundwateraround the site including, where necessary, outflow points	pH(pH unit)		1	Electrometry. Measurement is to be carried out at the time of sampling
	SO4(mg/l)		1	GravimetryComplexometric titration with EDTAMolecular absorption spectrophotometry
	Ti(mg/l)	V, Mn, Ni, Zn(mg/l)	1	Atomic absorption spectrophotometry
	Fe(mg/l)	Cr(mg/l)	1	Atomic absorption spectrophotometryMolecular absorption spectrophotometry
	Ca(mg/l)		1	Atomic absorption spectrophotometryComplexometric titration
		Cu, Pb(mg/l)	1	Atomic absorption spectrophotometryPolarography
	Cl(mg/l)		1	Titrimetry (Mohr method)
Environment of the storage and dumping site	Visual inspection of:topography and site managementeffect on subsoilecology of the site		1	Methods to be chosen by Member States

ANNEX VMETHOD OF WASTE DISPOSAL: INJECTION INTO SOIL

Mandatory determination where waste from the sulphate process is injected into soil.Mandatory determination where waste from the chlorine process is injected into soil.Also includes the measurement of Fe in the filtrate (suspended solids).

Components	Parameters to be determined		Minimum annual sampling frequency and analysis	Reference method of analysis
Components	mandatorily	optionally	Minimum annual sampling frequency and analysis	Reference method of analysis
1.Unfiltered surface water around the site in the zone affected by the injection2.Unfiltered groundwater around the site including out-flow points	pH(pH unit)		1	Electrometry. Measurement is to be carried out at the time of sampling
	SO4(mg/l)		1	GravimetryComplexometric titration with EDTAMolecular absorption spectrophotometry
	Ti(mg/l)	V, Mn, Ni, Zn(mg/l)	1	Atomic absorption spectrophotometry
	Fe(mg/l)	Cr(mg/l)	1	Atomic absorption spectrophotometryMolecular absorption spectrophotometry
	Ca(mg/l)		1	Atomic absorption spectrophotometryComplexometric titration
		Cu, Pb(mg/l)	1	Atomic absorption spectrophotometryPolarography
	Cl(mg/l)		1	Titrimetry (Mohr method)
EnvironmentTopography	Ground stability		1	Photographic and topographic survey
EnvironmentTopography	PermeabilityPorosity		1	Pumping testsWell-logging