31.12.92 Official Journal of the European Communities No L 409/11 A (Acts whose publication is not obligatory) COUNCIL 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 ‘THE 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 Commission (*), In cooperation with the European Parliament (%), - Having regard to the opinion of the Economic and Social Committee (°), ‘ 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 industry (*) was annulled by the Court of Justice in its judgment of 11 June 1991 on the grounds that it lacked an appro- priate legal basis (*); 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; () OJ No C 317, 7. 12, 1991, p. 5. () OJ No C 94, 13. 4. 1992, p. 158, and O] No C 305, 23. 11. 1992. () OJ No C 98, 21. 4. 1992, p. 9. () OJ No L 201, 14. 7. 1989, p. 56. () Judgment of 11 June 1991, Case C-300/89, Commission v. Council (not yet published). 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 industry (%), 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 estab- lishments; whereas Member States should therefore be () OJ No L 54, 25, 2. 1978, p. 19; Directive as last amended by Directive 83/29(EEC (O] No L 32, 3. 2. 1983, p. 28).