Committee Reports > List of Committees > Joint > 1980 > Committee on the Secondary Legislation of the European Communities > Report No. 71 - Discharge of Mercury and Pressure Vessels

REPORT

A. INTRODUCTION

Proposals Examined

1. The Joint Committee has examined proposals made by the Commission for Council Directives relating to the following:—

Limit values applicable to discharges of mercury into the aquatic environment by the chlor-alkali electrolysis industry (7735/79);

Quality objectives for the aquatic environment into which mercury is discharged by the chlor-alkali electrolysis industry (7735/79), and

Approximation of the laws of the Member States relating to certain types of simple pressure vessels (R/3608/78).

2. These proposals were examined in detail for the Joint Committee by its Sub-Committee on Social, Environmental and Miscellaneous Matters under the Chairmanship of Senator Mary Robinson. The Joint Committee is indebted to Senator Robinson and her Sub-Committee for their work.

Bodies Consulted

3. In addition to the various Government Departments concerned, the Irish Congress of Trade Unions were consulted in regard to the proposal relating to pressure vessels and the Confederation of Irish Industry and the Federated Union of Employers in regard to all three proposals.

B. DISCHARGES OF MERCURY

Commission’s Proposals

4. In May, 1976 the Council adopted Directive 76/464/EEC on the protection of the aquatic environment from pollution caused by certain dangerous substances. This Directive provides for the adoption of further Directives laying down emission levels for particular substances and specifying quality objectives for the water into which they are discharged. The two proposals which have been examined by the Joint Committee are for such Directives and are aimed at setting standards for emissions of mercury from the chlor-alkali electrolysis industry. This industry produces Chlorine and Caustic Soda through an electrolytic treatment, usually of sodium chloride (ordinary salt). Mercury is fundamental to the process. Chlor-alkali plants are very large scale complexes and are usually found in conjunction with a highly developed basic chemical industry. The first proposed Directive deals with limit values for discharges of mercury and its compounds and the second with quality objectives for water into which the substances are discharged.

Implications for Ireland

5. As there are no chlor-alkali electrolysis plants in this country these proposals are not of direct concern to this country at present. However they are not without interest because they can be seen as a forerunner of other Directives on mercury missions and it is also possible that a chlor-alkali plant might be attracted here in the future.

Views of the Joint Committee

6. The proposed Directives require Member States to control indirect discharges of mercury (e.g. discharges arising from airborne mercury deposited inside or outside the plant and run off to water, for example, by rain: discharges from waste material from the plant dumped elsewhere). As it seems that most mercury discharges from these plants are indirect this may not be unreasonable but it has been drawn to the attention of the Joint Committee that control of indirect discharges would seem to be a lot more difficult than controlling direct discharges. It seems to the Committee, therefore, to be necessary to ensure that the costs of any regime of indirect control is commensurate with the benefit to the environment that can be reasonably expected.

7. The proposed Directives would oblige Member States to supply the Commission with specified information. The Joint Committee considers that it should be specifically provided that the information would be supplied on a confidential basis. This could be important if there were only one plant in the Member State, a not unlikely possibility in the case of this country.

C. PRESSURE VESSELS

8. A framework Directive No. 76/767/EEC was adopted by the Council in July, 1976 on the approximation of the laws of the Member States relating to common provisions for pressure vessels and methods of inspecting them. It envisages the adoption of implementing Directives for particular types of pressure vessels and the proposal examined by the Joint Committee is one such, the fourth in fact to be submitted to the Council.

9. The proposed Directive concerns unfired welded steel pressure vessels of a specified shape intended to contain compressed air or non-corrosive, non-toxic compressed gases, within certain limitations of pressure, temperature, volume, metal specifications and thickness. Briefly it provides that Member States may not prevent the marketing in their territories of such vessels if they comply with the requirements of the framework Directive and these are set out in the draft Directive itself.

Implications for Ireland

10. The Joint Committee understands that there are some Irish firms engaged in the manufacture of simple pressure vessels mainly of a non series production type i.e. to special orders. It is advised that the provisions in the proposed Directive are not expected to raise particular difficulties for Irish manufacturers. It is also informed that no Irish legislation would be affected by the adoption of the proposed Directive,

Views of the Joint Committee

11. The Joint Committee has no objection to this proposal.

(Signed) ALEXIS FITZGERALD,

Chairman of the Joint Committee.

4th June, 1980.