COMMISSION OF THE EUROPEAN COMMUNITIES 
C0M(93) 296 final- SYN 406 
Brussels, 22 June 1993 
Amended proposal for a 
COUNCIL DIRECTIVE 
on the Incineration of hazardous waste 
(presented by the Commission pursuant to Article 149(3) 
of the EEC-Treaty) 
- 2 -
Explanatory Memorandum 
On April 7th 1992 the Commis ion submitted to the Council a proposal for 
a Council Directive on the incineration of hazardous waste (1). The 
proposal follows the Council Resolution on waste policy of 7 May 1990 
where the Commission was invited to complete its proposals for 
industrial" waste as a matter of urgency and takes into account t that 
wastes have to be disposed of in the most environmentally safe manner 
as set out in the Resolution. The proposal provides for measures and 
procedures to prevent or at least to reduce as far as possible the 
effects on the environment as a whole and the resulting risks to human 
health from the Incineration of hazardous wastes. To this end 
appropriate operating conditions and stringent emission limit values 
based on the best technologies available In the early 90s are set and 
in accordance with an integrated approach the shifting of pollution 
from one environmental medium (air) to another one (water) prohibited. 
The Economic and Social Committee adopted its opinion on 22 October 
1992(2). 
At its Plenary Sessions in December 1992 the European Parliament 
approved 26 amendments 15 of which were accepted by the Commission 
either in whole or in part. At the March 93 session 3 further 
compromise amendments were approved. 
The accepted and rejected amendments are commented upon as follows: 
Amendments accepted by the Commission 
Amendment nos 1-3 underline the high level of environmental protection 
and the precautionary principle on which the proposal is based. In 
this context prevention, recycling and reuse which following the 
Community's policy have priority over final disposal shall be 
emphasized as well (recitals 5, 5a (new) and 9a new). 
To reduce the content of dangerous substances from the residues of the 
incineration process amendments 7 and 22 put specific attention to a 
suitable treatment of the residues, particularly filter dust (recital 
16 new and art. 10.1.). 
Amendment 8 goes a little too far; it is not practicable to prevent all 
effects to the environment from hazardous waste incineration but they 
can at least be reduced as far as possible. Such effects arise even if 
the legal requirements concerning the avoidance and recycling of waste 
are met because at least the remaining fraction of the wastes 
pretreated thermally - incinerated requires final disposal on landfill 
sites (art. 1,1). 
The exclusion of specific hazardous waste from the scope of the 
proposal Is being made clearer by amendment 9 (art. 2, 1). 
(1) 0J C 130 of 21.5.92 
(2) 0J C 332 Of 16.12.92. 
- 3 -
The reference to "state-of-the-art" v/hlch is introduced by âffiëJQgi!fiDtwlQ 
emphasises its obligatory use once an application Is madeCart. 3,2). 
To clarify what is meant by state-of-ths-art the summary reports under 
Article 15.3 must expliclteiy refer to St. Therefore an adaptation of 
this Article is required and proposed hereunder. 
Amendment ... ,11 refers to the waste resulting from the incineration 
process which should also be looked at carefully with respect to the 
final disposal. As quantity and quality of these vastes are not known 
completely In advance the list requested under this amendment must 
refer to the expected wastes (art 3,3). 
Amendment 13 changes the wording for representative sampling and 
emphasises the Importance of strictly controlling the wastes to be 
incinerated by an extension of the time for keeping the samples and by 
an additional obligation of keeping results of analyses of the wastes 
carried out before the incineration (art. 5,3). 
Amendment 17 is the basis for a useful clarification related to the 
complete oxidation of the combustion gases (art. 7,3). 
Monthly random sampling introduced by Amendment 23 is contributing to a 
more reliable supervision of the real emission behaviour of the 
incineration plant (art.12, 1). 
The current environmental pollution by hazardous waste Incineration Is 
resulting from the operation of the existing plants. Shortening the 
time period before shutting down these plants by amendment 25 reduces 
the continuing pollution of the environment (art. 14,2). 
The specific report requested by amendment 26 on the implementation of 
the directive, to be submitted to Council and European Parliament, has 
to be based on the reports on the implementation of the directive by 
the Member States. Article 18 and directive 91/692/EEC on 
standardising and rationalising reports on the implementation of 
certain directives relating to the environment foresee a three year 
reporting period. The transposition of this directive Into national 
legislation Is unlikely before mid 1995. To avoid additional reports 
of the Member States the date for the specific report has to be set at 
1 January 2000 (art. 18,2). 
To determine the concentration of dioxlns and furans in the range of 
0,1ng/m3 with a sufficient certainty the measurement method currently 
under elaboration by CEN will not be available before the end of 1995. 
After one year's experience with the method an emission value of 
0,1ng/m3 for dioxlns and furans will be legally binding from 1 
January 1997 onwards until this date be used at least as a guide value 
as introduced by amendment 4 and compromise amenendment 46. The 
reduction of the sampling period to eight hours reflects the ongoing 
CEN work (art. 8,2 and recital 14). 
The compromise amendments 45 and 47 conf irm the prohibi tIon of 
discharges of waste waters resulting from the cleaning of exhaust gases 
by leaving the originally proposed text unchanged. To avoid a 
continued shifting of pollution by existing plants the prohibition Is 
now extended expliclteiy to all plants (recital 15 and art. 9,3). 
"- 4 -
Amendments rejected by the Commission 
Amendments 6 and 24 aim at weakening the importance of equivalent 
environmental protection standards to be met when hazardous wastes are 
being Incinerated in other plants not solely destined to this purpose. 
For this reason the amendments were rejected. 
Such other plants which want to replace part of their regular fuel by 
hazardous wastes undergo a substantial change for which the proposed 
adaptation period is necessary. Amendment 12 halving this period does 
not consider sufficiently the technical and operating requirements and 
was therefore rejected. 
Amendment 14 addresses all operations before and after the incineration 
of the hazardous waste and requires measures as to prevent any 
measureable pollution outside the plant. The proposed directive goes 
further and requires avoidance or minimisation of emissions at the 
source without allowing for any dilution. Therefore this amendment was 
rejected. 
The rejected Amendment 15 distinguishes between available European and 
world-wide best available technologies. The Annex TN III» however 
enumerates only some best available technologies by way of example. 
Characteristics and constituents of hazardous wastes require in each 
case specific sets of technologies. 
Amendment 16 requires detoxification which may create an additional 
dangerous potential to workers and the environment. To achieve a 
(technically) complete incineration as set out In the proposal goes 
further than an "optimization of the combustion process wherever 
possible". For these reasons the amendment was rejected. 
The Impact assessment of hazardous waste Incineration plants is subject 
to directive 85/337/EEC. To modify this directive by setting here 
specific requirements for the impact assessment is not acceptable and 
'amendment 18 was rejected. 
A specific design of the storage capacity for rainwater run-off or 
other possibly contaminated waters from the plant site or the 
appropriate capacity shall be left to the Member States. In line with 
the principle of subsidiarity and to take into account regional/local 
conditions amendment 21 was rejected. 
The text of the modified provision follows: 
— s-
Modlfled proposal for a Council Directive 
on the incineration of hazardous waste 
(presented by the Commission pursuant to Article 149,3 of the 
EEC Treaty) 
ORIGINAL TEXT AMENDED TEXT 
Fifth recital 
Whereas therefore preventive action 
is required to protect the 
environment against particularly 
dangerous emissions from the 
Incineration of hazardous waste and 
to guarantee citizens the right to a 
clean and healthy environment; Whereas therefore preventive action 
is required to protect the 
environment against particularly 
dangerous emissions from the 
incineration of hazardous waste and 
to guarantee citizens the right to a 
clean and healthy envlonment and to 
a hlah level of public health 
protection; 
Fifth recital a (new) 
Whereas preventive and precautionar? 
measures are required to reduce 
emissions to the technically lowest 
possible level as they are harmful 
to human health and the environment 
because of their toxic, 
nonbiodegradable and cumulative 
nature; 
O Ninth recitai a (new) 
Whereas the incineration of waste 
does not provide a permanent 
solution to the problem: whereas the 
main aim must be the prevention of 
waste», whereas only when this is 
impossible should waste be recovered 
and only when recovery of the waste 
materials is also impossible should 
disposal in an environmentally 
acceptable manner be considered; 
ORIGINAL TEXT AMENDED TEXT 
Fourteenth recital 
Whereas, for the emissions of 
dioxlns and furans, a guide value 
only should be set due to the lack 
of existing appropriate measurement 
methods; whereas, nonetheless It Is 
decisive to minimise such emissions 
by using progressive techniques and 
to make more efforts to meet the 
fixed guide values; Whereas a limit value for 
and the 
furans ylM emissions of dioxlns 
be legally binding from 1 January 
1097 onwards: whereas until this 
date Member States should use this 
value at least as a guide value; 
whereas, nonetheless it is decisive 
to minimise such emissions by using 
progressive techniques and to make 
every effort to meet the fixed guide 
values; whereas until this date 
sufficient operating experience can 
be obtained using a CEN standard for 
sampling and analysis which Is " 
expected to be available In 1995; 
Fifteenth recital 
Whereas the environment requires an 
Integrated protection against 
emissions resulting from the 
Incineration of hazardous wastes; 
whereas, therefore, waste water 
resulting from the cleaning of 
exhaust gases of new plants shall 
not be discharged, In order to 
prevent a pollution shift from one 
environmental medium to another; Whereas the environment requires an 
Integrated protection against 
emissions resulting from the 
incineration of hazardous wastes; 
whereas, therefore, waste water 
resulting from the cleaning of 
exhaust gases of new plants shall 
not be discharged, in order to 
prevent a pollution shift from one 
environmental medium to another; 
whereas, to meet these requirements 
existing plants shall be retrofitted 
rapidly; 
-r 
ORIGINAL TEXT AMENDED TEXT 
Sixteenth recital a (new) 
yyhareas. the Member States must lay 
down suitable treatment techniques 
for fflter dusts and other residues 
\n order to reduce the content of 
organic «ihyjajfce» or heavy metals». 
Article 1(1) 
1. The aim of this Directive is to 
provide for measures and procedures 
to prevent or at least to minimise 
the effects on the environment, in 
particular the pollution of air, 
soil, surface and groundwater, and 
the resulting risks to human health, 
from the incineration of hazardous 
waste and, to this end, to set up 
and maintain appropriate operating 
conditions and emission limit values 
for hazardous waste incineration 
plants within the Community. 1. The aim of this Directive is to 
provide for measures and procedures 
to prevent or where not practicable 
to reduce as far as possible 
negative effects on the environment, 
in particular the pollution of air, 
soil, surface and groundwater and 
the resulting risk to human health 
from the incineration of hazardous 
waste which arises irrespective of 
legal requirements concerning the 
avoidance and recycling and, to this 
end, to set up and maintain 
appropriate operating conditions and 
emission limit values for hazardous 
waste incineration plants within the 
Commun i ty. 
Article 2(1). second Indent, introductory clause 
combustible liquid wastes 
including waste oils as defined 
in Council Directive 75/439/EEC 
If combustible liquid wastes 
including waste oils as defined 
in Council Directive 75/439/EEC. 
provided that they meet the 
following three criteria: 
H 
ORIGINAL TEXT AMENDED TEXT 
Article 3(2) 
2. the permit shall be given only 
If the application shows that 
the Incineration plant Is 
designed, equipped and will be 
operated In such a manner that 
all appropriate preventive 
measures against environmental 
pollution. In particular 
measures to prevent or minimise 
emissions, have been taken. As 
a minimum, those measures 
provided for by Articles 5 to 13 
must be met; the permit shall be given only 
If the application shows that 
the Incineration plant Is 
designed, equipped and will be 
operated in such a manner that 
all appropriate state-of-the-art 
preventive measures against 
environmental pollution, have 
been taken. As a minimum, those 
measures provided for by 
Articles 5 to 13 must be met; 
Article 3(3) 
3. the permit given by the 
competent authorities must 
explicitly list the categories 
and/or the generic types of 
those hazardous wastes which may 
be treated In the Incineration 
plant as well as the total 
capacity of the incinerator; 
k. 3. the permit given by the 
competent authorities must 
explicitly list the categories 
and/or the generic types of 
those hazardous wastes which may 
be treated In the incineration 
plant as well as the total 
capacity of the incinerator; a. 
list must also be drawn UP of 
the expected waste resulting 
each year from incineration 
(including slag, flue dust. 
filter cake and waste water) 
indicating the nature and final 
disposal of this waste». 
— UN­
ORIGINAL TEXT AMENDED TEXT 
Article 5(3). third indent 
representative samples have to be 
taken where appropriât» and a» 
far as possible before unloading, 
to verify the conformity with the 
description provided under point 
2 by carrying out controls like 
those Indicated In Annex TN I and 
to enable the competent 
authorities to identify the 
nature of the wastes treated. 
These samples have to be kept for 
at least ten days after the 
incineration. representative samples have to be 
taken, wherever possible, before 
unloading, to verify the 
conformity with the description 
provided under point 2 by 
carrying out controls like those 
indicated in Annex TN I and to 
enable the competent authorities 
to identify the nature of the 
wastes treated. These samples 
have to be kept for at least one 
month after the incineration. 
Documents concerning analyses 
shall be kept for three years. 
Article 7(3). first subparagraph, first three sentences 
3. all waste 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, 
fails below the relevant 
temperature stated in points 4 
and 5. They shall also be used 
during plant start-up and shut­
down operations in order to 
ensure that the above-mentioned 
minimum temperature is 
maintained at all times during 
these operations and as long as 
the waste Is In the combustion 
chamber. 3. ail waste 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 the relevant 
temperature stated in points 4 
and 5. They shall also be used 
during plant start-up and shut­
down operations in order to 
ensure that the above-mentioned 
minimum temperature is 
maintained in the post 
combustion zone at all times 
during these operations and as 
long as unburnt watte is In the 
combustion chamber. 
~Ao-
ORIGINAL TEXT AMENDED TEXT 
Article 8(2) 
2. the emission of dioxlns and 
furans shall be minimised by the 
most progressive techniques. To 
this end every effort must be 
made to ensure that all average 
values measured over the sample 
period of a minimum of six hours 
and a maximum of 16. hours do not 
exceed a guide value of 0.1 
ng/m3. 
This guide value is defined as 
the sum of the concentrations of 
the individual dioxlns and 
furans evaluated in accordance 
with Annex I ; 2. the emission of dioxins and 
furans shall be minim/sed by the 
most progressive techniques. 
All average values measured over 
the sample period of a minimum 
of 6 hours and a maximum of 8_ 
hours must not exceed a 1imlt 
value of 0.1 ng/m3 at the iatest 
from 1 January 1997 onwards. 
Until this date. Member States 
should use this value at ieast 
as a guide value. 
The limit value is defined as 
the sum of the concentrations of 
the individual dioxins and 
furans evaluated in accordance 
with Annex I ; 
Article 9(3) 
3. Discharge to the aquatic 
environment of waste waters 
resulting from the cleaning of 
exhaust gases shall be 
prohibited for new plants. 3. Discharge to the aquatic 
environment of waste waters 
resulting from the cleaning of 
exhaust gases shall be 
prohibited for alI plants. 
Article 10(1). first subparagraph 
1. Wastes resulting from the 
operation of the incineration 
plant shall be recovered or 
disposed of in accordance with 
Directives 75/442/EEC and 
91/689/EEC. This may require a 
pretreatment of such wastes 
according to the technical 
development. 1. Wastes resulting from the 
operation of the incineration 
plant shall be recovered or 
disposed of in accordance with 
Directives 75/442/EEC and 
91/689/EEC. This may require a 
pretreatment of such wastes 
according to the technical 
deveIopment. Member States 
shall lay down appropriate 
treatment technologies for 
filter dust and other residues 
in order to reduce the content 
of organic substances or heavy 
metals. 
A\ 
ORIGINAL TEXT AMENDED TEXT 
Article 12(1)(c) 
(c) periodical, i.e. monthly 
measurements of the substances 
mentioned In Article 8, points 
1(c) and 2; (c) Monthly measurements, on the 
basis of samples taken on 
different dates, of the 
substances mentioned in Article 
8, points 1(c) and 2; 
Article 14(2) 
2. However, the plant operator may 
notify the competent authority 
within six months after the date 
specified by Article 19(1) that 
the existing plant will not be 
operated for more than 20 000 
hours within a period of five 
years at maximum starting with 
the operators' notification 
before being definitely shut 
down. In this case the 
provisions of paragraph 1 do not 
apply. However, the plant operator may 
notify the competent authority 
within six months after the date 
specified by Article 19(1) that 
the existing plant will not be 
operated for more than 15 000 
hours within a period of three 
years at maximum starting with 
the operators' notification 
before being definitely shut 
down. In this case the 
provisions of paragraph 1 do not 
apply. 
Article 15(3) 
3. The Commission, assisted by the 
Committee as described in 
Article 17, shall annually 
submit to the Member States a 
summary report, based on the 
information described in 
paragraph 2, in order to inform 
on the progress in emission 
control techniques already 
implemented and any further 
major technical developments in 
this field. 3. The Commission, assisted by the 
Committee as described in 
Article 17, shall annually 
submit to the Member States a 
summary report, based on the 
information described in 
paragraph 2, in order to inform 
on the progress in emission 
control techniques already 
implemented and any further 
major technical developments in 
this field. 
Member States shall ensure that 
the summary reports are 
disseminated to their competent 
author it les. Member States shall ensure that 
the summary reports on then 
current state-of-the-art are 
disseminated to their compete-
author it ies 
ORIGINAL TEXT AMENDED TEXT 
ALUfiJ-t-JB^XaeM). 
2. The Commission shaiI submIt.to 
the Counel i andjthe European 
Pari lament by_l_January 2000 a 
report on the ImpIementat ion end 
assessment of thIs Direct Iye In 
relation to the^ajm of waste 
d Isposa I which JSQJ^S ngt= harm the 
environment and.jpubJ.Ic hea11h. 
ISSN 0254-1475 
COM (93) 296 final 
DOCUMENTS 
ËN 14 
Catalogue number : CB-CO-93-331-EN-C 
ISBN 92-77-57103-9 
' Jffice for Official Publications of the European Communities 
I.y-2985 Luxembourg