No L 201/56 Official Journal of the European Communities 14. 7. 89 COUNCIL DIRECTIVE 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 industry- (89/428/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES, - - Having regard to the Treaty establishing the European Economic Community, and in particular Article 130s thereof, : Having regard to the proposal from the Commission ('), Having regard to the opinion of the European Parliament (3), Having regard to the opinion of the Economic and Social Committee (%), Whereas Council Directive 78/176/EEC of 20 February 1978 on waste from the titanium dioxide industry (%), as last amended by Directive 83/29/EEC (%), and in particular Atticle 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 ; whereas Member States should therefore be able to defer application of the ()OJ No C 138, 26. 5. 1983, p. §, and OJ No C 167, 27. 6. 1984, p. 9. @ OJ No C 127, 14. S. 1984, p. 29, and OJ No C 158, 26. 6. 1989. () OJ No C 358, 31. 12. 1983, p. 40. (9 OJ No L 54, 25. 2. 1978, p. 19. () OJ No L 32, 3. 2. 1983, p. 28. various provisions, on condition that a programme of effective reduction of pollution is drawn up and submitted to the Commission ; whereas where Member States experience particular difficulties with regard to programmes for the elimination of discharges, 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 particulates (f), as last amended - by Directive 89/427/EEC (), and Council Directive 84/360/EEC of 28 June 1984 on the combating of air pollution from industrial plants (), 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 re-used where technically and economically feasible and whereas such waste should be re-used or disposed of without endangering human health or the environment, HAS ADOPTED THIS DIRECTIVE: Article 1 This Directive lays down, as required by Article 9 (3) of Directive 78/176/EEC, procedures for harmonizing the programmes for the reduction and eventual elimination of pollution from existing industrial establishments and is intended to improve the conditions of competition in the titanium dioxide industry. (9 OJ No L 229, 30. 8. 1980, p. 30. See page 53 of this Official Journal. () OJ No L 188, 16. 7. 1984, p. 20.