A4-0183/99

Proposal for a Council Directive on the incineration of waste (COM(98)0558 - C4-0668/98 - 98/0289(SYN))

The proposal was approved with the following amendments:

(Amendment 1)

Recital 6

>Original text>

(6) Whereas Council Resolution 97/C 76/01 of 24 February 1997 on a Community strategy for waste management underlines the importance of Community criteria concerning the use of waste, the need for appropriate emission standards to apply to incineration facilities, the need for monitoring measures to be envisaged for existing incineration plants, and the need for the Commission to consider amending Community legislation in relation to the incineration of waste with energy recovery in order to avoid large-scale movements of waste in the Community;

>Text following EP vote>

(6)

Whereas Council Resolution 97/C 76/01 of 24 February 1997 on a Community strategy for waste management assigns the highest priority to waste prevention, then expresses a preference for reuse and recovery of materials and also underlines the importance of Community criteria concerning the use of waste, the need for appropriate emission standards to apply to incineration facilities, the need for monitoring measures to be envisaged for existing incineration plants, and the need for the Commission to consider amending Community legislation in relation to the incineration of waste with energy recovery in order to avoid large-scale movements of waste in the Community;

(Amendment 49)

Recital 6a (new)

>Original text>

>Text following EP vote>

(6a) Whereas the Commission is to bring forward a proposal for a directive on waste management plans including plans for the presorting of waste intended for incineration in order to supplement the Community strategy for waste management;

(Amendment 3)

Recital 15a (new)

>Original text>

>Text following EP vote>

(15a) Whereas exceeding these limit values will have a detrimental effect on health, regardless of whether an incineration plant or an industrial co-incineration plant is involved;

(Amendment 4)

Recital 15b (new)

>Original text>

>Text following EP vote>

(15b) Whereas the precautionary principle dictates that protection of health must be given priority over economic considerations;

(Amendment 6)

Recital 19a (new)

>Original text>

>Text following EP vote>

(19a) Whereas an agreement on a 'modus vivendi' between the European Parliament, the Council and the Commission concerning the implementing measures for acts adopted in accordance with the procedure laid down in Article 189b of the EC Treaty was reached on 20 December 1994(1).

___________

(1) OJ C 102, 4.4.1996, p. 1.

(Amendment 7)

Recital 20a (new)

>Original text>

>Text following EP vote>

(20a) Whereas the distinction between hazardous and non-hazardous waste is based principally on the properties of waste prior to incineration but not on differences in emissions; whereas there should be a single directive for the incineration of hazardous and non-hazardous waste and whereas the same emission limit values should apply; whereas the same limit values should apply to the incineration of hazardous and non-hazardous waste but different monitoring measures upon reception of waste should be retained;

(Amendments 70 and 8)

Article 1

>Original text>

The aim of this Directive is to prevent or, where that is not practicable, to reduce as far as possible negative effects on the environment, in particular the pollution of air, soil, surfacewater and groundwater, and the resulting risks to human health, from the incineration and co-incineration of waste and, to that end, to set up and maintain appropriate operating conditions and emission limit values for waste incineration and co-incineration plants within the Community.

>Text following EP vote>

1. The aim of this Directive is to prevent negative effects on the environment, in particular the pollution of air, soil, surfacewater and groundwater, and the resulting risks to human health, from the incineration and co-incineration of waste and, to that end, to set up and maintain appropriate operating conditions and emission limit values for waste incineration and co-incineration plants within the Community.

>Original text>

>Text following EP vote>

The Directive shall contribute towards attaining the overriding goal of European waste policy, particularly in terms of the waste hierarchy: prevention, recycling, incineration with energy use and final disposal,

2. This Directive shall apply without prejudice to other Community legislative acts in force concerning residues and the protection of the health and safety of incineration plant staff.

>Original text>

>Text following EP vote>

(Amendment 9)

Article 2(2)(a) and (b)

>Original text>

(a) Plants only treating the following wastes:

>Text following EP vote>

(a)

Plants only treating the following wastes:

>Original text>

(i) waste falling within the scope of Council Directive 94/67/EC(1),

>Text following EP vote>

>Original text>

(ii) agriculture and forest residues and wood with the exception of those that may contain halogenic organic compounds or heavy metals as a result of treatment,

>Text following EP vote>

(i) agriculture and forest residues and untreated wood,

>Original text>

(iii) waste excluded from the scope of Directive 75/442/EEC pursuant to Article 2(1) of that Directive,

>Text following EP vote>

(ii) waste excluded from the scope of Directive 75/442/EEC pursuant to Article 2(1) of that Directive,

>Original text>

(iv) waste resulting from the exploration for and the exploitation of oil and gas resources from off-shore installations and incinerated on board;

>Text following EP vote>

(iii) waste resulting from the exploration for and the exploitation of oil and gas resources from off-shore installations and incinerated on board;

>Original text>

(b) Plants which treat less than 10 tonnes per year of non-municipal waste only.

_____________

(1) OJ L 365, 31.12.1994, p.34

>Text following EP vote>

(b) Experimental plants which treat less than 10 tonnes per year of non-municipal waste only as part of research into improving the incineration of waste.

(Amendment 10)

Article 3(3), first subparagraph

>Original text>

3. 'co-incineration plant` means a plant whose main purpose is the generation of energy or production of material products and which uses wastes as a regular or additional fuel;

>Text following EP vote>

3.

'co-incineration plant` means any stationary or mobile plant whose main purpose is the generation of energy or production of material products and which thermally treats wastes with the exception of treatments dedicated to the recovery of the metal content of the waste and to the cleaning of tools;

(Amendment 11)

Article 3(4)

>Original text>

4. 'existing incineration or co-incineration plant` means a plant in operation and complying with relevant existing national and Community legislation or, in accordance with legislation existing before the date specified in Article 21, a plant which is authorised or registered or in the view of the competent authority the subject of a full request for authorisation, provided that the plant is put into operation no later than one year after the date specified in Article 21;

>Text following EP vote>

4.

'existing incineration or co-incineration plant` means a plant in operation and complying with relevant existing national and Community legislation before the date specified in Article 21;

(Amendment 12)

Article 4(2)(a)

>Original text>

(a) the plant is designed, equipped and will be operated in such a manner that the requirements of this Directive are met;

>Text following EP vote>

(a)

the plant is designed, equipped and will be operated in such a manner that the requirements of this Directive and other Community environmental legislation (such as the Framework Directive 96/62/EC on ambient air quality assessment and management(1)) are met;

____________

(1) OJ L 296, 21.11.1996, p. 55

(Amendment 13)

Article 4(2)(b)

>Original text>

(b) the heat generated during the incineration process is recovered as far as possible;

>Text following EP vote>

(b)

the heat generated during the incineration process is recovered as far as possible. In incineration plants which become operational after 31 December 2003 this shall be done through combined heat and power generation, the generating of process steam or district heating.

(Amendment 14)

Article 4(3), 2nd subparagraph (new)

>Original text>

>Text following EP vote>

Permits shall be granted only if:

- there is a regional waste plan pursuant to Directive 91/156/EEC amending Directive 75/442/EEC on waste(1),

- collection and recycling is required pursuant to Directives 94/62/EC on packaging and packaging waste(2), .../.../EC on end-of-life vehicles(3) and the forthcoming Directive on electronic waste,

- the region has implemented other measures to reduce the volume of waste,

- there are systems for sorting and phasing out dangerous components and if pre-sorting has been introduced,

- the programmed capacity does not exceed future demand.

______________

(1) OJ L 78, 26.3.1991, p. 32.

(2) OJ L 365, 31.12.1994, p. 10.

(3) COM(97)0358.

(Amendment 15)

Article 4(4)(ca) (new)

>Original text>

>Text following EP vote>

(ca) explicitly list the types and quantities of hazardous waste for which incineration and co-incineration are permitted, the minimum and maximum mass flows of these hazardous wastes, their lowest and highest calorific values and the maximum content of pollutants such as PCBs, PCPs, chlorine, fluorine, sulphur and heavy metals.

(Amendment 16)

Article 4(4a) (new)

>Original text>

>Text following EP vote>

4a. If environmental quality standards necessitate more stringent requirements in respect of emissions into the atmosphere and/or discharges into water than the emission limit values laid down in this Directive, additional measures may be laid down in the permit.

(Amendment 17)

Article 4(5a) (new)

>Original text>

>Text following EP vote>

5a. New permits shall no longer be issued in regions where there is a risk of the environmental quality standards being exceeded.

(Amendment 18)

Article 5

>Original text>

The operator of the incineration or co-incineration plant shall take all necessary precautions concerning the delivery and reception of waste in order to prevent or, where not practicable, to reduce as far as possible negative effects to the environment, in particular the pollution of air, soil, surface water and groundwater as well as odours and noise, and direct risks to human health.

>Text following EP vote>

The operator of the incineration or co-incineration plant shall take all necessary precautions concerning the delivery and reception of waste in order to prevent negative effects to the environment, in particular the pollution of air, soil, surface water and groundwater as well as odours and noise, and direct risks to human health.

>Original text>

The operator shall determine the mass of each category of the waste, according to the EWC-catalogue, prior to accepting the waste at the incineration or co-incineration plant. The competent authorities may grant exemptions for industrial plants and undertakings incinerating or co-incinerating only their own waste at the place of production of the waste provided that the same level of protection is met and that the values are not needed for the calculations pursuant to Annex II.

>Text following EP vote>

1. With regard to non-hazardous waste:

The operator shall determine the mass of each category of the waste, according to the EWC-catalogue, prior to accepting the waste at the incineration or co-incineration plant.

>Original text>

>Text following EP vote>

2. With regard to hazardous waste:

Prior to accepting the waste at the incineration or the co-incineration plant, the operator shall have available a description of the waste covering:

>Original text>

>Text following EP vote>

- the physical, and as far as practicable, the chemical composition and the calorific value of the waste and all information necessary to evaluate its suitability for the intended incineration process;

>Original text>

>Text following EP vote>

- the hazard characteristics of the waste, the substances with which it cannot be mixed, and the precautions to be taken in handling the waste.

>Original text>

>Text following EP vote>

At least the following reception procedures shall be carried out by the operator:

>Original text>

>Text following EP vote>

- determination of the mass of each category of waste in accordance with the European Waste Catalogue;

>Original text>

>Text following EP vote>

- the checking of those documents required by Directive 91/689/EEC on hazardous waste(1) and, where applicable, Council Regulation (EEC) No 259/93 of 1 February 1993 on the supervision and control of shipments of waste within, into and out of the European Community(2) and the rules for the transport of dangerous goods;

>Original text>

>Text following EP vote>

- the taking of representative samples, unless inappropriate, as far as possible before unloading, to verify conformity with the description provided for in this paragraph by carrying out controls and to enable the competent authorities to identify the nature of the wastes treated. These samples shall be kept for at least one month after the incineration.

>Original text>

>Text following EP vote>

3. The competent authorities may grant exemptions to paragraphs 1 and 2 for industrial plants and undertakings incinerating or co-incinerating only their own waste at the place of production of the waste, provided that the same level of protection is met and the values are not needed for calculations pursuant to Annex II.

____________

(1) OJ L 377, 31.12.1991, p. 20.

(2) OJ L 30, 6.2.1993, p. 1.

(Amendments 19 and 54)

Article 6(1)

>Original text>

1. Incineration plants shall be operated in order to achieve a level of incineration such that the Total Organic Carbon (TOC) of the slag and bottom ashes is less than 3 % of the dry weight of the material. If necessary appropriate techniques of waste pre-treatment shall be used.

>Text following EP vote>

1.

Incineration plants shall be operated in order to achieve a level of incineration such that the Total Organic Carbon (TOC) of the slag and bottom ashes is less than 3 % of the dry weight of the material or the loss of ignition is no greater than 6%. If necessary appropriate techniques of waste pre-treatment shall be used.

>Original text>

All incineration plants shall be designed, equipped, built and operated in such a way that the gas resulting from the process is raised, after the last injection of combustion air, in a controlled and homogeneous fashion and even under the most unfavourable conditions, to a temperature of a least 850 °C, as measured near the inner wall of the combustion chamber, for at least two seconds.

>Text following EP vote>

All incineration plants shall be designed, equipped, built and operated in such a way that the gas resulting from the process is raised, after the last injection of combustion air, in a controlled and homogeneous fashion and even under the most unfavourable conditions, to a temperature of a least 850 °C, as measured near the inner wall of the combustion chamber

with an oxygen content of at least 6%, for at least two seconds.

>Original text>

>Text following EP vote>

If hazardous wastes with a content of more than 1% halogenic organic substances, expressed as chlorine, are incinerated or co-incinerated, the temperature must be increased to at least 1100 °C.

>Original text>

All incineration plants shall be equipped with auxiliary burners. These burners must be switched on automatically when the temperature of the combustion gases after the last injection of combustion air falls below 850 °C. They shall also be used during plant start-up and shut-down operations in order to ensure that the temperature of 850 °C is maintained at all times during these operations and as long as unburned waste is in the combustion chamber.

>Text following EP vote>

All incineration plants shall be equipped with auxiliary burners. These burners must be switched on automatically when the temperature of the combustion gases after the last injection of combustion air falls below 850 °C

or 1100 °C respectively. They shall also be used during plant start-up and shut-down operations in order to ensure that the temperature of 850 °C or 1100 °C respectively is maintained at all times during these operations and as long as unburned waste is in the combustion chamber.

>Original text>

During start-up and shut-down or when the temperature of the combustion gas falls below 850 °C, the auxiliary burners shall not be fed with fuels which can cause higher emissions than those resulting from the burning of gas oil, as defined in Article 1(1) of Council Directive 75/716/EEC, liquefied gas or natural gas.

>Text following EP vote>

During start-up and shut-down or when the temperature of the combustion gas falls below 850 °C

or 1100 °C respectively, the auxiliary burners shall not be fed with fuels which can cause higher emissions than those resulting from the burning of gas oil, as defined in Article 1(1) of Council Directive 75/716/EEC, liquefied gas or natural gas.

(Amendment 20)

Article 6(5), 2nd subparagraph

>Original text>

Any heat generated by the incineration or co-incineration process shall be recovered as far as possible.

>Text following EP vote>

Any heat generated by the incineration or co-incineration process shall be recovered.

(Amendment 56)

Article 7

>Original text>

1. Incineration plants shall be designed, equipped, built and operated in such a way that the emission limit values set out in Annex V are not exceeded in the exhaust gas.

>Text following EP vote>

1.

Incineration plants shall be designed, equipped, built and operated in such a way that the emission limit values set out in Annex V are not exceeded in the exhaust gas.

>Original text>

2. The results of the measurements made to verify compliance with the emission limit values shall be standardised with respect to the conditions laid down in Article 11.

>Text following EP vote>

2. Co-incineration plants shall be designed, equipped, built and operated in such a way that the emission limit values set out in Annex II are not exceeded in the exhaust gas.

>Original text>

3. Where wastes are co-incinerated, the emission limit values as determined pursuant to Annex II shall apply.

>Text following EP vote>

3.

The results of the measurements made to verify compliance with the emission limit values shall be standardised with respect to the conditions laid down in Article 11.

>Original text>

4. In the case of co-incineration of untreated, mixed municipal waste, paragraph 3 shall not apply.

>Text following EP vote>

4.

In the case of co-incineration of untreated, mixed municipal waste, paragraph 2 shall not apply.

>Original text>

5. If waste falling within the scope of Directive 94/67/EC is co-incinerated or incinerated in the same plant as waste falling within the scope of this Directive, the emission limit values set out in Annexes II, IV and V to this Directive, respectively, shall apply with respect to the total amount of waste. As regards other requirements, the stricter of the provisions of Directive 94/67/EC or this Directive shall apply.

>Text following EP vote>

5.

If in a co-incineration plant more than 40% of the resulting heat release comes from hazardous waste, the emission limit values set out in Annex V to this Directive shall apply.

>Original text>

6. Notwithstanding paragraphs 3 and 5, if more than 40 % of the resulting heat release in a plant referred to in paragraph 5 comes from waste falling within the scope of Directive 94/67/EC, the emission limit values set out in Annex V to this Directive shall apply.

>Text following EP vote>

(Amendment 21)

Article 7(6a) (new)

>Original text>

>Text following EP vote>

6a. When revising Annex I in Framework Directive 96/62/EC on ambient air quality assessment and management, the Commission shall take account in particular of the atmospheric pollutants emitted by co-incineration and incineration plants.

(Amendment 22)

Article 8(2)

>Original text>

2. Discharges to the aquatic environment of waste water resulting from the cleaning of exhaust gases shall be limited as far as possible.

>Text following EP vote>

2.

Discharges to the aquatic environment of waste water resulting from the cleaning of exhaust gases shall be limited as far as possible by using the best available methods. Under no circumstances may they stand in the way of the environmental quality objectives.

(Amendment 57)

Article 8(5)

>Original text>

5. The competent authorities shall ensure that in no instance does dilution of waste waters occur by mixing different waste water streams or otherwise, except where such mixing is part of a process duly licensed under the waste management licensing regulations.

>Text following EP vote>

5.

The competent authorities shall ensure that in no instance does dilution of waste waters occur by mixing different waste water streams or otherwise.

(Amendment 58)

Article 8(6)(b)

>Original text>

(b) set operational control parameters at least for temperature and flow.

>Text following EP vote>

(b)

set operational control parameters at least for pH, temperature and flow;

>Original text>

>Text following EP vote>

(ba) specify the maximum volume of waste water that may be discharged in order to ensure that the mass of heavy metals and furans in relation to the volume of harmful wastes processed is less than the volume which may be discharged into the air.

(Amendment 23)

Article 9, 1st paragraph

>Original text>

Residues resulting from the operation of the incineration or co-incineration plant shall be prevented or at least minimised in their amount and harmfulness. Residues shall be recycled as far as possible directly in the plant or outside in accordance with relevant Community legislation and national provisions.

>Text following EP vote>

Residues resulting from the operation of the incineration or co-incineration plant shall be prevented or at least minimised in their amount and harmfulness. Residues shall be recycled as far as possible directly in the plant or outside in accordance with relevant Community legislation and national provisions

by using the best techniques available.

(Amendment 59)

Article 9, 2nd paragraph

>Original text>

Transport and intermediate storage of dry residues in the form of dust, such as boiler dust and dry residues from the treatment of combustion gases, shall take place in the form ofe.g. closed containers.

>Text following EP vote>

Transport and intermediate storage of dry residues in the form of dust, such as boiler dust and dry residues from the treatment of combustion gases, shall take place in

such a way as to prevent dispersal in the environment, for example in closed containers.

(Amendment 24)

Article 11(1) and (2)

>Original text>

1. Member States shall, either by specification in the conditions of the permit or by general binding rules, ensure that paragraphs 2 to 12, as regards air, and paragraphs 14 to 17, as regards water, are complied with.

>Text following EP vote>

1.

Member States shall, either by specification in the conditions of the permit or by general binding rules, ensure that paragraphs 2 to 12, as regards air, and paragraphs 8 to 12 and 14 to 17, as regards water, are complied with.

>Original text>

2. The following measurements of air pollutants shall be carried out in accordance with Annex III at the incineration and co-incineration plant:

>Text following EP vote>

2.

The following measurements of air pollutants shall be carried out in accordance with Annex III at the incineration and co-incineration plant:

>Original text>

(a) continuous measurements of the following substances: CO, total dust, TOC, HCl, HF, SO2, NOX;

>Text following EP vote>

(a)

continuous measurements of the following substances: CO, total dust, TOC, HCl, HF, SO2, NOx;

>Original text>

(b) continuous measurements of the following process operation parameters: temperature near the inner wall of the combustion chamber, concentration of oxygen, pressure, temperature and water vapour content of the exhaust gas;

>Text following EP vote>

(b)

continuous measurements of the following process operation parameters: temperature near the inner wall of the combustion chamber, concentration of oxygen, pressure, temperature and water vapour content of the exhaust gas;

>Original text>

>Text following EP vote>

(ba) monthly measurements of NH3;

>Original text>

(c) at least two measurements per year of heavy metals, dioxins and furans; one measurement every three months shall however be carried out for the first 12 months of operation.

>Text following EP vote>

(c)

at least two measurements per year of heavy metals, dioxins and furans; one measurement every three months shall however be carried out for the first 12 months of operation. If measurement produces abnormal results, consideration shall be given to the continuous sampling of dioxins and furans to supplement the requirements mentioned above.

>Original text>

>Text following EP vote>

Periodic measurements shall be carried out under the least favourable operating conditions.

(Amendment 25)

Article 11(6)

>Original text>

6. Periodic measurements as laid down in paragraph 2(c) of HCl, HF and SO2 instead of continuous measuring may be authorised by the competent authority in incineration or co-incineration plants, if the operator can prove that the emissions of those pollutants can under no circumstances be higher than the prescribed emission limit values.

>Text following EP vote>

Deleted

(Amendment 26)

Article 11(7)(c)

>Original text>

(c) when the wastes are incinerated or co-incinerated in an oxygen-enriched atmosphere, the results of the measurements can be standardised at an oxygen content laid down by the competent authority reflecting the special circumstances of the individual case;

>Text following EP vote>

(c)

when the wastes are incinerated or co-incinerated in an oxygen-enriched atmosphere, the results of the measurements shall be standardised at an oxygen content laid down by the competent authority reflecting the special circumstances of the individual case;

(Amendment 60)

Article 11(7)(da) (new)

>Original text>

>Text following EP vote>

(da) the standardisation for both incineration and co-incineration plants shall be done only if the oxygen content measured over the same period as for the pollutant concerned exceeds the relevant oxygen content.

(Amendment 28)

Article 11(9)(a) to (c)

>Original text>

(a) none of the daily average values exceeds any of the emission limit values set out in Annex V(e) first indent, and Annex V(a);

>Text following EP vote>

(a)

none of the daily average values exceeds any of the emission limit values set out in Annex V(e) first indent, and Annex V(a) or Annex II for co-incineration plants;

>Original text>

(b) none of the half-hourly average values exceeds any of the emission limit values set out in Annex V(b);

>Text following EP vote>

(b)

none of the half-hourly average values exceeds any of the emission limit values set out in Annex V(b) or Annex II for co-incineration plants;

>Original text>

(c) none of the average values over the sample period set out for heavy metals and dioxins and furans exceeds the emission limit values set out in Annex V(c) and (d);

>Text following EP vote>

(c)

none of the average values over the sample period set out for heavy metals and dioxins and furans exceeds the emission limit values set out in Annex V(c) and (d) or Annex II for co-incineration plants;

(Amendment 30)

Article 12

>Original text>

Without prejudice to Council Directive 90/313/EEC and Directive 96/61/EC, applications for new permits shall be made available to the public for an appropriate period to enable it to comment on them before the competent authority reaches a decision. That decision, including at least a copy of the permit, and any subsequent updates, shall also be made available to the public.

>Text following EP vote>

1. Without prejudice to Council Directive 90/313/EEC and Directive 96/61/EC, applications for new permits for incineration and co-incineration plants shall be made available at one or more locations accessible to the public, such as local authority offices and public libraries, for an appropriate period to enable it to comment on them before the competent authority reaches a decision. That decision, including at least a copy of the permit, and any subsequent updates, shall also be made available to the public.

>Original text>

>Text following EP vote>

2. Without prejudice to the provisions of paragraph 1, incineration and co-incineration plants shall publish an annual environmental report which shall, as a minimum requirement, give an account of the running of the process and the emissions into air and water compared with the emission standards in this Directive.

(Amendment 31)

Article 13, 3rd paragraph

>Original text>

The incineration plant or co-incineration plant or incineration line shall under no circumstances continue to incinerate waste for a period of more than four hours uninterrupted where emission limit values are exceeded; moreover, the cumulative duration of operation in such conditions over one year shall be less than 60 hours.

>Text following EP vote>

The incineration plant or co-incineration plant or incineration line shall under no circumstances continue to incinerate waste for a period of more than four hours uninterrupted where emission limit values are exceeded; moreover, the cumulative duration of operation in such conditions over one year shall be less than

48 hours.

(Amendment 32)

Article 15

>Original text>

The reports on the implementation of this Directive shall be established in accordance with the procedure laid down in Article 5 of Council Directive 91/692/EEC. The first report shall cover the first full three-year period after the date specified in Article 21.

>Text following EP vote>

The reports on the implementation of this Directive shall be established in accordance with the procedure laid down in Article 5 of Council Directive 91/692/EEC. The first report shall cover the first full three-year period after the date specified in Article 21.

The report shall be submitted to the European Parliament. In addition the Commission shall report to Parliament every three years on implementation of the Directive and on the changes to be made pursuant to Article 16.

(Amendment 33)

Article 16

>Original text>

The Commission, in accordance with the procedure laid down in Article 17, shall amend Articles 10, 11 and 12 and Annexes I to V in order to adapt them to technical progress or new findings concerning the health benefits of emission reductions.

>Text following EP vote>

The Commission, in accordance with the procedure laid down in Article 17, shall amend Articles 10, 11 and

13 and Annexes I to V in order to adapt them to technical progress or new findings concerning the health benefits of emission reductions.

(Amendment 34)

Article 17

>Original text>

1. For the purposes of the application of this Directive, the Commission shall be assisted by the Committee established under Article 16 of Directive 94/67/EC.

>Text following EP vote>

1.

For the purposes of the application of this Directive, the Commission shall be assisted by a committee of an advisory nature composed of the representatives of the Member states and chaired by the representative of the Commission.

>Original text>

2. The representative of the Commission shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft within a time limit which the chairman may lay down according to the urgency of the matter.

>Text following EP vote>

2.

The representative of the Commission shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft within a time limit which the chairman may lay down according to the urgency of the matter, if necessary by taking a vote.

>Original text>

The opinion shall be delivered by the majority laid down in Article 148(2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the committee shall be weighted in the manner set out in that Article. The Chairman shall not vote.

>Text following EP vote>

The opinion shall be recorded in the minutes; in addition, each Member State shall have the right to ask to have its position recorded in the minutes.

>Original text>

The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the Committee.

>Text following EP vote>

The Commission shall take the utmost account of the opinion delivered by the committee. It shall inform the committee of the manner in which its opinion has been taken into account.

>Original text>

If the measures envisaged are not in accordance with the opinion of the committee, or if no opinion is delivered, the Commission

shall, without delay, submit to the Council a proposal relating to the measures to be taken. The Council shall act by a qualified majority.

>Text following EP vote>

>Original text>

If, on the expiry of a period of three months from the date of referral to the Council, the Council has not acted, the proposed measures shall be adopted by the Commission.

>Text following EP vote>

(Amendment 50)

Article 18

>Original text>

Directives 89/369/EEC and 89/429/EEC shall be repealed five years after the entry into force of this Directive.

>Text following EP vote>

Directives 89/369/EEC, 89/429/EEC

and 94/67/EC shall be repealed five years after the entry into force of this Directive.

(Amendment 62)

Annex II, definition of Vwaste

>Original text>

Vwaste: exhaust gas volume resulting from the incineration of waste only determined from the waste with the lowest calorific value specified in the permit and standardised at the conditions given by this Directive

>Text following EP vote>

Vwaste:

exhaust gas volume resulting from the incineration of waste only determined from the waste with the measured average calorific value specified in the permit and standardised at the conditions given by this Directive

(Amendment 35)

Annex II, definition of Cwaste

>Original text>

Cwaste: emission limit values set for plants to incinerate waste only (at least the emission limit values for the pollutants and carbon monoxide).

>Text following EP vote>

Cwaste:

emission limit values set in Annex V for plants to incinerate waste only (at least the emission limit values for the pollutants and carbon monoxide).

(Amendment 36)

Annex II.1.1, table

>Original text>

Pollutant C

>Text following EP vote>

Pollutant

C

>Original text>

Total Dust 30

>Text following EP vote>

Total Dust

10

>Original text>

HCl 10

>Text following EP vote>

HCl

10

>Original text>

HF 1

>Text following EP vote>

HF

1

>Original text>

NOx 800

>Text following EP vote>

NOx

500

>Original text>

Cd + Tl 0.05

>Text following EP vote>

Cd + Tl

0.05

>Original text>

Hg 0.05

>Text following EP vote>

Hg

0.05

>Original text>

Sb, As, Pb, Cr, Co, Cu, Mn, Ni, V 0.5

>Text following EP vote>

Sb ± As ± Pb ± Cr ± Co ± Cu ± Mn

± Ni ± V 0.5

>Original text>

Dioxins and furans 0.1

>Text following EP vote>

Dioxins and furans

0.1

>Original text>

>Text following EP vote>

NH3 10

(Amendment 43)

Annex II.1.1, new sentence after table

>Original text>

>Text following EP vote>

In respect of existing cement plants operating a wet process kiln, the competent authority may authorise a derogation, lasting until no later than 1 January 2007, of up to 1200mg/Nm3 of NOx provided that it can be demonstrated to the competent authority that the thermal treatment of waste in such plants results in significant reduction of Nox emissions.

(Amendment 37)

Annex II.2

>Original text>

Text proposed by the Commission

II.2 Special provisions for large combustion plants

II.2.1Cproc:

Cproc for solid fuels expressed in mg/Nm3 (O2 content 6%):

>TABLE>

>Original text>

Cproc for biomass (as defined in Council Directive 88/609/EEC as amended) expressed in mg/Nm3 (O2 content 6%):

>TABLE>

>Original text>

Cproc for solid liquid fuels expressed in mg/Nm3 (O2 content 3%):

>TABLE>

>Original text>

Amendment by Parliament

II.2Special provisions for combustion plants

Half-hour values

II.2.1Cproc:

Cproc for solid fuels expressed in mg/Nm3 (O2 content 6%):

>TABLE>

>Original text>

Cproc for biomass (as defined in Council Directive 88/609/EEC as amended) expressed in mg/Nm3 (O2 content 6%):

>TABLE>

>Original text>

Cproc for solid liquid fuels expressed in mg/Nm3 (O2 content 3%):

>TABLE>

(Amendment 64)

Annex II.2.2

>Original text>

Text proposed by the Commission

II.2.2C-total emission limit values:

C expressed in mg/Nm3 (O2 content 6%). All average values over the sample period of a minimum of 30 minutes and a maximum of 8 hours:

>Original text>

Pollutant

>Text following EP vote>

C

>Original text>

Cd + Tl

>Text following EP vote>

0,05

>Original text>

Hg

>Text following EP vote>

0,05

>Original text>

Sb + As + Pb + Cr + Co + Cu + Mn + Ni + V

>Text following EP vote>

0,5

>Original text>

C expressed in ng/Nm3 (O2 content 6%). All average values over the sample period of a minimum of 6 hours and a maximum of 8 hours:

>Original text>

Pollutant

>Text following EP vote>

C

>Original text>

Dioxins and furans

>Text following EP vote>

0,1

>Original text>

Amendment by Parliament

II.2.2C-total emission limit values:

C expressed in mg/Nm3 (O2 content 6%). All average values over the sample period of a minimum of 30 minutes and a maximum of 8 hours:

>Original text>

Pollutant

>Text following EP vote>

C

>Original text>

Cd + Tl

>Text following EP vote>

0,05

>Original text>

Hg

>Text following EP vote>

0,05

>Original text>

Sb + As + Pb + Cr + Co + Cu + Mn + Ni + V

>Text following EP vote>

0,5

>Original text>

HCl

>Text following EP vote>

10

>Original text>

HF

>Text following EP vote>

1

>Original text>

TOC

>Text following EP vote>

10

>Original text>

NH3

>Text following EP vote>

10

>Original text>

Competent authorities shall set lower limits for heavy metals if the Cproc-value is below the total emission limit value laid down in the table.

C expressed in ng/Nm3 (O2 content 6%). All average values over the sample period of a minimum of 6 hours and a maximum of 8 hours:

>Original text>

Pollutant

>Text following EP vote>

C

>Original text>

Dioxins and furans

>Text following EP vote>

0.1

(Amendment 39)

Annex II.3

>Original text>

Text proposed by the Commission

II.3Special provisions for other industrial sectors

II.3.1C-total emission limit values:

C expressed in ng/Nm3. All average values over the sample period of a minimum of 6 hours and a maximum of 8 hours:

>Original text>

Pollutant

>Text following EP vote>

C

>Original text>

Dioxins and furans

>Text following EP vote>

0,1

>Original text>

C expressed in mg/Nm3. All average values over the sample period of a minimum of 30 minutes and a maximum of 8 hours:

>Original text>

Pollutant

>Text following EP vote>

C

>Original text>

Cd + Tl

>Text following EP vote>

0,05

>Original text>

Hg

>Text following EP vote>

0,05

>Original text>

Amendment by Parliament

II.3Other industrial sectorswhich are not covered under Annex II.1 and II.2 shall comply with Annex V

(Amendment 40)

Annex IV, table

>TABLE>

(Amendment 66)

Annex IV, after table, new sentence

>Original text>

>Text following EP vote>

The pH value (acid value) of the waste water shall be between 6 and 8.

(Amendment 41)

Annex V(a), table, new entry at end

>Original text>

>Text following EP vote>

Ammonia (NH3) 10 mg/m3

(Amendment 42)

Annex V(c), table, new entry at end

>Original text>

>Text following EP vote>

Tin and its compounds, expressed as tin (Sn)

Legislative resolution embodying Parliament's opinion on the proposal for a Council Directive on the incineration of waste (COM(98)0558 - C4-0668/98 - 98/0289(SYN))(Cooperation procedure: first reading)

The European Parliament,

- having regard to the Commission proposal to the Council, COM(98)0558 - 98/0289(SYN) ((OJ C 372, 2.12.1998, p. 11.)),

- having been consulted by the Council pursuant to Articles189c and 130s(1) of the EC Treaty (C4-0668/98),

- having regard to Rule 58 of its Rules of Procedure,

- having regard to the report of the Committee on the Environment, Public Health and Consumer Protection (A4-0183/99),

1. Approves the Commission proposal, subject to Parliament's amendments;

2. Calls on the Council to incorporate Parliament's amendments in the common position that it adopts in accordance with Article 189c(a) of the EC Treaty;

3. Instructs its President to forward this opinion to the Council and Commission.