Council Directive 92/112/EEC of 15 December 1992 on procedures for harmonizing the programmes for the reduction and eventual elimination of pollution caused by waste from the titanium dioxide industry
Corrected by
Corrigendum to Council Directive 92/112/EEC of 15 December 1992 on procedures for harmonizing the programmes for the reduction and eventual elimination of pollution caused by waste from the titanium dioxide industry, 31992L0112R(01), February 26, 1993
Council Directive 92/112/EECof 15 December 1992on procedures for harmonizing the programmes for the reduction and eventual elimination of pollution caused by waste from the titanium dioxide industryTHE COUNCIL OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Economic Community, and in particular Article 100a thereof,Having regard to the proposal from the CommissionOJ No C 317, 7.12.1991, p. 5.,In cooperation with the European ParliamentOJ No C 94, 13.4.1992, p. 158, and OJ No C 305, 23.11.1992.,Having regard to the opinion of the Economic and Social CommitteeOJ No C 98, 21.4.1992, p. 9.,Whereas Council Directive 89/428/EEC of 21 June 1989 on procedures for harmonizing the programmes for the reduction and eventual elimination of pollution caused by waste from the titanium dioxide industryOJ No L 201, 14.7.1989, p. 56. was annulled by the Court of Justice in its judgment of 11 June 1991 on the grounds that it lacked an appropriate legal basisJudgment of 11 June 1991, Case C-300/89, Commission v. Council (not yet published).;Whereas, if Member States have taken the necessary measures to comply with the said Directive, it is not necessary for them to adopt new measures to meet this Directive, provided the measures already taken comply with the latter;Whereas the legal void caused by the annulment of the said Directive may have adverse effects on the environment and on conditions of competition in the titanium dioxide production sector; whereas it is necessary to restore the material situation created by the said Directive;Whereas the objective of this Directive is to approximate national rules relating to titanium dioxide production conditions in order to eliminate the existing distortions of competition between the various producers in the industry and to ensure a high level of environmental protection;Whereas Council Directive 78/176/EEC of 20 February 1978 on waste from the titanium dioxide industryOJ No L 54, 25.2.1978, p. 19; Directive as last amended by Directive 83/29/EEC (OJ No L 32, 3.2.1983, p. 28)., and in particular Article 9 thereof, requires the Member States to draw up programmes for the progressive reduction and eventual elimination of pollution caused by waste from- industrial establishments in existence on 20 February 1978;Whereas these programmes set general targets for the reduction of pollution caused by liquid, solid and gaseous wastes to be achieved by 1 July 1987; whereas these programmes were to be submitted to the Commission so that it could present suitable proposals to the Council for their harmonization with regard to the reduction and eventual elimination of this pollution and the improvement of the conditions of competition in the titanium dioxide industry;Whereas, in order to protect the aquatic environment, dumping of waste and discharges of certain wastes, in particular of solid and strong acid wastes, should be prohibited and discharges of other wastes, in particular of weak acid and neutralized wastes, should be progressively reduced;Whereas existing industrial establishments should employ the appropriate systems for treating the wastes in order to meet the requisite targets by the set dates;Whereas installation of those systems can give rise to major technico-economic difficulties in the case of weak acid waste and neutralized waste from certain establishments; whereas Member States should therefore be able to defer application of these provisions, on condition that a programme of effective reduction of pollution is drawn up and submitted to the Commission; whereas where Member States experience such difficulties, the Commission should be able to extend the relevant time limits;Whereas, in respect of discharges of certain wastes, Member States should be able to make use of quality objectives in such a way that the results are equivalent in all respects to those obtained through limit values; whereas such equivalence should be demonstrated in a programme to be presented to the Commission;Whereas, without prejudice to the obligations placed on Member States by Council Directive 80/779/EEC of 15 July 1980 on air quality limit values and guide values for sulphur dioxide and suspended particulatesOJ No L 229, 30.8.1980, p. 30; Directive as last amended by Directive 89/427/EEC (OJ No L 201, 14.7.1989, p. 53)., and Council Directive 84/360/EEC of 28 June 1984 on the combating of air pollution from industrial plantsOJ No L 188, 16.7.1989, p. 20., it is expedient to protect the quality of the air by fixing appropriate emission standards in respect of gaseous discharges from the titanium dioxide industry;Whereas, in order to verify the effective application of the measures, Member States should undertake monitoring in relation to the actual production of each establishment;Whereas all waste from the titanium dioxide industry should be avoided or reused where technically and economically feasible and whereas such waste should be reused or disposed of without endangering human health or the environment;Whereas the provisions of this Directive do not affect the possibility for Member States to maintain or adopt, in areas covered by the Directive, stricter provisions for the protection of the environment,HAS ADOPTED THIS DIRECTIVE: