No C 75/4 Official Journal of the European Communities 23. 3. 88 
II 
(Preparatory Acts) 
COMMISSION 
Proposal for a Council Directive on the prevention of air pollution from new municipal waste 
incineration plants 
COM(88) 71 final 
(Submitted by the Commission to the Council on 9 March 1988) 
(88/C 75/05) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 130 S 
thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European 
Parliament, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas the 1973 O. 1977 (2), 1983 (3) and 1987 (4) 
European Community action programmes on the en­
vironment stress the importance of the prevention and 
reduction of air pollution; 
Whereas the Council Resolution of 19 October 1987 on 
the action programme on the environment for 1987 to 
1992 states that it is important for Community action to 
concentrate, inter alia, on implementation of appropriate 
standards in order to ensure a high level of public health 
and environmental protection; 
Whereas Council Directive 85/337/EEC of 27 June 
1985 on the assessment of the effects of certain public 
and private projects on the environment (5) provides that 
an environmental impact assessment shall be carried out 
in the case of installations for the disposal of domestic 
waste where Member States consider that their charac­
teristics so require; 
C) OJ No C 112, 20. 12. 1973, p. 1. 
O OJ No C 139, 13. 6. 1977, p. 1. 
O OJ No C 46, 17. 2. 1983, p. 1. 
(4) OJ No C 328, 7. 12. 1987, p. 1. 
(5) OJ No L 175, 5. 7. 1985, p. 40. Whereas Council Directive 75/442/EEC of 15 July 1975 
on waste (6) provides that waste must be disposed of 
without endangering human health and without harming 
the environment; whereas, to this end, the same 
Directive stipulates that any installation or undertaking 
treating waste must obtain a permit from the competent 
authority relating, inter alia, to the precautions to be 
taken; 
Whereas Council Directive 84/360/EEC of 28 June 
1984 on the combating of air pollution from industrial 
plants (7) provides that prior authorization shall be 
required to operate new industrial installations and in 
particular waste incineration plants; whereas this auth­
orization may be issued only when all appropriate 
preventive measures against air pollution have been 
taken, including the application of the best available 
technology not entailing excessive costs; 
Whereas the abovementioned Directive 84/360/EEC 
stipulates that the Council, acting unanimously on a 
proposal from the Commission, shall, if necessary, fix 
emission limit values based on the best available tech­
nology not entailing excessive costs and suitable 
measurement techniques and methods and whereas it is 
advisable to avoid that the limit values fixed entail an 
excessive energy consumption; 
Whereas incineration of municipal waste gives rise to 
emissions of substances which can cause air pollution 
and thereby harm public health and the environment; 
whereas in some cases this pollution may have trans-
boundary features; 
Whereas the techniques for reducing emissions of 
pollutants from municipal waste incineration plants are 
well established; whereas they can be applied reasonably 
economically in new incineration plants; whereas they 
provide a means of attaining concentrations of pollutants 
in the combustion gases not exceeding certain limit 
values; 
(6) OJ No L 194, 25. 7. 1975, p. 39. 
O OJ No L 188, 16. 7. 1984, p. 20. 
23. 3. 88 Official Journal of the European Communities No C 75/5 
Whereas all the Member States have laws, regulations 
and administrative provisions concerning the combating 
of air pollution from stationary plants; whereas several 
Member States have specific provisions on municipal 
waste incineration plants; 
Whereas the Community by fixing emission limit values 
and other pollution prevention requirements helps 
increase the effectiveness of the action taken by the 
Member States to combat air pollution from municipal 
waste incineration plants; 
Whereas in order to ensure an effective protection of the 
environment, an assessment of the environmental impact 
of larger municipal waste incineration plants should be 
required and requirements and conditions should be laid 
down before authorization is granted for any new 
municipal waste incineration plant; whereas these 
requirements must include an obligation to observe 
emission limit values for the most significant pollutants 
and appropriate combustion conditions; whereas 
provision must be made for appropriate measurements 
and verifications at the incineration plants; whereas the 
public must be informed of the conditions imposed and 
of the results obfained, 
HAS ADOPTED THIS DIRECTIVE: 
Article 1 
For the purposes of this Directive: 
1. 'Air pollution' means the introduction by man, 
directly or indirectly, of substances or energy into the 
air resulting in deleterious effects of such a nature as 
to endanger human health, harm living resources and 
ecosystems and material property and impair or 
interfere with amenities and other legitimate uses of 
the environment. 
2. 'Emission limit value' means the concentration and/or 
mass of polluting substances which is not to be 
exceeded in emissions from plants during a specified 
period. 
3. 'Municipal waste' means domestic refuse, commercial 
and trade waste and other waste equivalent to 
domestic refuse. 
4. 'Municipal waste incineration plant' means any 
technical equipment used for the treatment of 
municipal waste by incineration, with or without 
recovery of the combustion heat generated, but 
excluding: 
— combustion plants which are designed to use other 
fuels but which burn a fuel derived from municipal 
waste as a back-up, 
— plants used specifically for the incineration of 
sewage sludge, chemical, toxic and dangerous 
waste, hospital waste or other types of special waste, on land or at sea, even if these plants may 
burn municipal waste as well. 
This definition covers the entire installation 
comprising the incinerator, its waste, fuel and air 
supply systems and the devices and systems for 
checking incineration operations and continuously 
recording and monitoring incineration conditions. 
5. 'New plant' means a municipal waste incineration 
plant for which authorization to operate is granted as 
from the date specified in Article 14 (1) of this 
Directive. 
6. 'Nominal capacity of the incineration plant' means the 
sum of the incineration capacities of the furnaces of 
which the plant is composed, as specified by the 
constructor, on the basis of: 
— the quantity of waste incinerated, the calorific 
value and other characteristics of the waste to be 
treated, 
— the factors which determine the lifespan of the 
plant, namely the technical characteristics and its 
permissible rate of utilization. 
Article 2 
Without prejudice to the provisions of Article 4 of 
Council Directive 84/360/EEC of 28 June 1984 on the 
combating of air pollution from industrial plants, 
Member States shall take the necessary measures to 
ensure that the conditions laid down in this Directive 
shall be attached to the prior authorization required to 
operate all new municipal waste incineration plants 
under Article 3 of the abovementioned Council Directive 
84/360/EEC and under Article 8 of Council Directive 
75/442/EEC of 15 July 1975 on waste. 
Article 3 
1. The following emission limit values, standardized at 
the following conditions: temperature 273 K, pressure 
101,3 kPa, 11 % oxygen or 9 % CO* and dry gas, shall 
apply to new municipal waste incineration plants: 
Total dust 
— nominal capacity equal to or 
greater than 5 tonnes per hour 
— nominal capacity less than 5 
tonnes per hour 
Heavy metals 
— Pb + Cr + Cu + Mn 
— Ni + As 
— Cadmium (Cd) 
— Mercury (Hg) 
Hydrochloric acid (HC1) 
— nominal capacity equal to or 
greater than 5 tonnes per hour 50 mg/Nm5; 
100 mg/Nm5; 
5 mg/Nm5, 
1 mg/Nm3, 
0,1 mg/Nm3, 
0,1 mg/Nm3; 
50 mg/Nm3; 
No C 75/6 Official Journal of the European Communities 23. 3. 88 
— nominal capacity less than 5 
tonnes per hour 
Hydrofluoric acid (HF) 
— nominal capacity equal to or 
greater than 5 tonnes per hour 
— nominal capacity less than 5 
tonnes per hour 
Sulphur dioxide (S02) 100 mg/Nm5; 
2 mg/Nm3; 
4 mg/Nm3; 
300 mg/Nm3. 
2. Where appropriate, the competent authorities, 
taking due account of the composition of the wastes to 
be incinerated and of the characteristics of the incin­
eration plant, shall lay down emission limits for 
pollutants other than those mentioned in paragraph 1 of 
this Article which could also give rise to significant 
emissions in the specific case under consideration. For 
the purposes of laying down these emission limit values, 
the authorities shall take account of the potential 
harmful effects of the pollutants in question on human 
health and the environment and of the best technology 
available not entailing excessive costs. 
Article 4 
1. All new municipal waste incineration plants must be 
designed, equipped and operated in such a way that the 
gas resulting from the combustion of the waste is raised, 
after the last injection of combustion air, in a controlled 
and homogenous fashion and even in the most unfa­
vourable conditions, to a temperature of at least 850 °C 
for at least 2 seconds in the presence of at least 6 % 
oxygen. 
2. All new municipal waste incineration plants shall 
observe the following conditions when in operation: 
(a) the concentration of carbon monoxide (CO) in the 
combustion gases must not exceed 100 mg/Nm3; 
(b) the concentration of organic compounds (expressed 
as total carbon) in the combustion gases must not 
exceed 20 mg/Nm3. 
The limits stipulated in subparagraphs (a) and (b) of this 
paragraph shall be standardized at the following 
conditions: temperature 273 K, pressure 101,3 kPa, 
11 % oxygen or 9 % C02 and dry gas. 
3. Exemptions from the conditions laid down in 
paragraph 1 of this Article may be authorized if inno­
vative techniques are used in the incineration furnaces or 
combustion-gas treatment equipment, provided that the 
competent authorities have satisfied themselves that, with 
the use of these techniques, the levels of polychlorinated 
dibenzodioxins (PCDDs) and of polychlorinated diben-
zofurans (PCDFs) emitted will be equivalent to those 
obtained with the technical conditions laid down in the 
first paragraph of this Article. 
Article 5 
1. The temperatures and oxygen content laid down in 
Article 4 (1) of this Directive are minimum values to be 
observed at all times when the plant is in operation. 2. The carbon monoxide (CO) concentration laid 
down in Article 4 (2) (a) of this Directive is the limit 
value for the daily average calculated by taking into 
account, where appropriate, only the hours in which the 
plant is actually in operation, including the start-up and 
shut-off periods. 
3. In the case of the other substances to be 
continuously monitored under Article 6 of this Directive: 
(a) none of the monthly averages of the concentration 
values measured for these substances must'exceed the 
corresponding limit value; 
(b) none of the daily averages of the concentration 
values measured for these substances must exceed the 
corresponding limit value by more than 30 %. 
For the purposes of calculating the abovementioned 
average values, only the periods in which the plant is 
actually in operation shall be taken into account, 
including the start-up and shut-off periods. 
4. In the case of substances to be measured period­
ically under Article 6 of this Directive, the concentration 
values measured in accordance with the rules laid down 
by the competent authorities under Articles 6 (3), 6 (4) 
and 6 (5) must not exceed the limit value. 
Article 6 
1. The following measurements shall be taken at new 
municipal waste incineration plants: 
(a) concentrations of certain substances in the 
combustion gases: 
(i) concentrations of total dust, HC1, CO and 
oxygen shall be continuously measured and 
recorded; 
(ii) concentrations of the heavy metals referred to in 
the second indent of Article 3 (1) of this 
Directive, HF, SOa and organic compounds 
(expressed as total carbon) shall be measured 
periodically; 
(b) operating parameters: 
(i) the temperatures of the gases in the area where 
the conditions imposed by Article 4 (1) of this 
Directive are satisfied and the water vapour 
content of the combustion gases shall be 
continuously measured and recorded; 
(ii) the residence time of the combustion gases at the 
minimum temperature of 850 °C specified in 
Article 4 (1) of this Directive must be the subject 
of appropriate verifications at least once when 
the incineration plant is brought into service and 
the most unfavourable operating conditions 
envisaged. 
23. 3. 88 Official Journal of the European Communities No C 75/7 
2. The results of the measurements referred to in 
paragraph 1 of this Article shall be standardized at the 
following conditions: temperature 273 K, pressure 101,3 
kPa, 11 % oxygen or 9 % C02 and dry gas. 
3. All the measurement results shall be recorded, 
processed and presented in an appropriate fashion so 
that the competent authorities can verify compliance 
with the conditions laid down, in accordance with 
procedures to be decided upon by those authorities. 
4. The sampling and measurement procedures, 
methods and equipment used to satisfy the obligations 
imposed by paragraph 1 of this Article and the location 
of the sampling or measurement points shall require the 
prior approval of the competent authorities. 
5. For the periodic measurements, the competent 
authorities shall lay down appropriate measurement 
programmes to ensure that the results are representative 
of the normal level of emissions of the substances 
concerned. 
The results obtained must be suitable for verifying that 
the limit values applicable have been observed. 
6. The Council acting by a qualified majority on a 
proposal from the Commission shall adopt the appro­
priate decisions concerning the steps to be taken to 
measure emissions of polychlorinated dibenzodioxins 
and of polychlorinated dibenzofurans from new 
municipal waste incineration plants and the reference 
methods to be used for measuring these substances as 
soon as the state of knowledge in this field will permit it. 
Article 7 
All new municipal waste incineration plants shall be 
equipped with auxiliary burners. These burners must be 
switched on automatically when the temperature of the 
combustion gases falls below 850 °C. They shall also be 
used during plant start-up and shut-down operations in 
order to ensure that the abovementioned minimum 
temperature is maintained at all times during these oper­
ations and as long as the waste is in the combustion 
chamber. 
However, if the total utilization time of these burners 
exceeds 5 % of the total plant operation time for seven 
consecutive days, appropriate measures must be taken to 
restore adequate combustion conditions. 
Article 8 
1. Should the measurements taken show that the limit 
values laid down in this Directive have been exceeded, 
the competent authority shall be informed as soon as 
possible. It shall lay down appropriate emergency 
measures to ensure that the abovementioned limits are 
again observed. Plants whicn do not comply with these 
provisions shall no longer be operated. 2. The competent authorities shall lay down the 
maximum permissible period of any breakdowns or 
stoppages of the purification devices during which the 
concentrations in the discharges into the air of the 
substances which these devices are intended to reduce 
exceed the limit values laid down. Under no circum­
stances may they exceed 16 hours uninterrupted 
operation; their cumulative duration over a year shall be 
less than 200 hours. 
The dust content of the discharges shall under no 
circumstances exceed 600 mg/Nm5 during the periods 
referred to in the preceding paragraph, and all the other 
conditions, in particular the combustion conditions, shall 
be complied with. 
Article 9 
Besides the publicity required by Article 9 of Council 
Directive 84/360/EEC of 28 June 1984 ('), the public 
shall have access, in accordance with appropriate 
procedures and in the form decided upon by the 
competent authorities, at sufficient intervals, to the 
results of measurements of pollutant emissions and 
measurements relating to the plant operating conditions. 
Article 10 
Exemptions from some of the conditions laid down in 
this Directive may be allowed when authorization to 
operate is granted to new incineration plants with a 
nominal capacity of less than one tonne of waste per 
hour used for the disposal of municipal waste streams 
characterized by very considerable seasonal variations, in 
particular in winter or summer tourist areas and where, 
because of the size of the plant and the way in which it 
is operated, these provisions cannot be complied with 
without entailing excessive costs. 
In such cases, the provisions of Article 4(1) and 4 (2) of 
this Directive must be complied with and the following 
emission limit measured and interpreted in line with 
Articles 5 and 6 of this Directive and standardized at the 
following conditions: temperature 273 K, pressure 101,3 
kPa, 11 % oxygen or 9 % C02 and dry gas, shall apply: 
— total dust 350 mg/Nm3 
Article 11 
1. In the framework of the verification required by 
Article 11 of Directive 84/360/EEC and also in relation 
to the provisions of Article 4 of the same Directive, 
Member States shall take the necessary measures to 
ensure that compliance with the conditions relating to 
new incineration plants pursuant to this Directive is 
verified by the competent authorities. 
2. Provisions of this Directive are without prejudice to 
the requirement of Article 12 of Directive 84/360/EEC 
for Member States to revise, where necessary, the 
(') OJ No L 188, 16. 7. 1984, p. 40. 
No C 75/8 Official Journal of the European Communities 23. 3. 88 
conditions imposed in the authorization granted to an 
incineration plant. 
Article 12 
In Annex I, point 9 of Council Directive 85/337/EEC of 
27 June 1985 on the assessment of the effects of certain 
public and private projects on the environment the 
following phrase is added: 'and municipal waste incine­
ration plants the nominal capacity of which exceeds five 
tons of waste per hour'. 
Article 13 
Member States may adopt more stringent provisions than 
those of this Directive, where necessary, in order to 
protect health and the environment. Article 14 
1. Member States shall bring into force the laws, 
regulations and administrative provisions necessary to 
comply with this Directive not later than 30 June 1989. 
They shall forthwith inform the Commission thereof. 
2. Member States shall communicate to the 
Commission the texts of the provisions of national law 
which they adopt in the field governed by this Directive. 
Article 15 
This Directive is addressed to the Member States. 
Proposal for a Council Directive on the reduction of air pollution from existing municipal waste 
incineration plants 
COM(88) 71 final 
(Submitted by the Commission to the Council on 9 March 1988) 
(88/C 75/06) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 130 S 
thereof, 
Having regard to the proposal from the Commission, Whereas Council Directive 75/442/EEC of 15 July 1975 
on waste (s) provides that waste must be disposed of 
without endangering human health and without harming 
the environment; whereas, to this end, the same 
Directive stipulates that any installation or undertaking 
treating waste must obtain a permit from the competent 
authority relating, inter alia, to the precautions to be 
taken; 
Having regard to the opinion of the European 
Parliament, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas the 1973 O, 1977 (2), 1983 (3) and 1987 (4) 
European Community action programmes on the en­
vironment stress the importance of the prevention and 
reduction of air pollution; 
Whereas the Council Resolution of 19 October 1987 on 
the action programme on the environment for 1987 to 
1992 states that it is important for Community action to 
concentrate, inter alia, on implementation of appropriate 
standards in order to ensure a high level of public health 
and environmental protection; Whereas Council Directive 84/360/EEC of 28 June 
1984 on the combating of air pollution from industrial 
plants (6) provides for the Member States to implement 
policies and strategies, including appropriate measures, 
for the gradual adaptation of existing plants to the best 
available technology; whereas these provisions apply in 
particular to existing municipal waste incineration plants; 
Whereas the abovementioned Directive 84/360/EEC 
stipulates that the Council, acting unanimously on a 
proposal from the Commission, shall, if necessary, fix 
emission limit values based on the best available tech­
nology not entailing excessive costs and suitable 
measurement techniques and methods and whereas it is 
advisable to avoid that the limit values fixed entail an 
excessive energy consumption; 
(>) OJ No C 112, 20. 12. 1973, p. 1. 
(2) OJ No C 139, 13. 6. 1977, p. 1. 
(3) OJ No C 46, 17. 2. 1983, p. 1. 
(4) OJ No C 328, 7. 12. 1987, p. 1. (5) OJ No L 194, 25. 7. 1975, p. 39. 
(*) OJ No L 188, 16. 7. 1984, p. 20.