In drawing up the assessment and verification require-
ments the objective of keeping costs to a strict minimummust be observed. This is particularly important in orderto facilitate participation by SMEs in the Community eco-label system and thus to contribute to the wider dissemi-nation of the system.
9. Incinerating waste ***II
A5-0056/2000
European Parliamentlegislative resolutiononthe commonposition adoptedbythe Councilwith a
view to adopting a European Parliament and Council directive on the incineration of waste
(11472/1/1999 8dash C5-0274/1999 8dash 1998/0289(COD))
(Codecision procedure: second reading)
The European Parliament,
6dash having regard to the Council common position (11472/1/1999 6dash C5-0274/1999) (1),
6dash having regard to its position at first reading (2) on the Commission proposal to Parliament and the
Council (COM(1998) 558) (3),
6dash having regard to the Commission’s amended proposal (COM(1999) 330),6dash having regard to Article 251(2) of the EC Treaty,
6dash having regard to Rule 80 of its Rules of Procedure,
6dash having regard to the recommendation for second reading of the Committee on the Environment,
Public Health and Consumer Policy (A5-0056/2000),
1. Amends the common position as follows;
2. Instructs its President to forward its position to the Council and Commission.
COUNCIL
COMMON POSITIONAMENDMENTS
BY PARLIAMENT
(Amendment 1)
Recital 8a (new)
(8a) A directive on waste management plans including
plansforthepresortingofwasteintended forincinerationis needed in order to supplement the Community strategyfor waste management;
(1) OJ C 25,28.1.2000,p. 17.
(2) OJ C 219,30.7.1999,p. 249 and OJ C 279,1.10.1999,p. 274.
(3) OJ C 372,2.12.1998,p. 11.29.12.2000 EN C 377/149 Official Journal of the European Communities
Wednesday 15 March 2000
COUNCIL
COMMON POSITIONAMENDMENTS
BY PARLIAMENT
(Amendment 2)
Article 1
The aim of this Directive is to prevent or, where that is not prac-
ticable, to reduce as far as possible negative effects on the environ-
ment,in particular pollution by emissions into air,soil,surfacewater and groundwater,and the resulting risks to humanhealth,from the incineration and co-incineration of waste.This aim shall be met by means of stringent operational condi-
tions and technical requirements,through setting emission
limit values for waste incineration and co-incineration plants
within the Community and also through meeting the require-
ments of Directive 75/442/EEC.
The aim of this Directive is to prevent negative effects on the
environment,in particular pollution by emissions into air,soil,
surface water and groundwater,and the resulting risks to
human health,from the incineration and co-incineration of
waste.This aim shall be met by means of stringent operational condi-
tions and technical requirements,through setting emission
limit values for waste incineration and co-incineration plants
within the Community and also through meeting the require-
ments of Directive 75/442/EEC.
The Directive is also intended to contribute towards
attaining the overriding goal of European waste policy,particularly in terms of the waste management hierarchy:prevention, recycling, incineration with energy recoveryand final disposal.
(Amendment 3)
Article 1, 2nd paragraph b (new)
This Directive shall be without prejudice to other
Community legislation on waste and on protecting thehealth and safety of workers at incineration plants.
(Amendment 4)
Article 2(2)(a)(ii) to (v)
(ii) vegetable waste from the food processing industry,(ii) vegetable waste from the food processing industry, if it is
co-incinerated at the place of production and the heat
generated is recovered,
(iia) fibrous vegetable waste from sorting, screening and
washing of virgin pulp and paper production, if it isco-incinerated at the place of production and theheat generated is recovered,
(iii) wood waste with the exception of:
/dash wood waste that may contain halogenated organic
compounds or heavy metals as a result of treatment;
/dash treated wood originating from building and demolition
waste,(iii) wood waste with the exception of waste material which
may contain halogenated organic compounds or heavy
metals as a result of treatment with wood-preservatives
or coating, and which includes such material originat-
ing fromconstruction and demolition waste,
(iv) cork waste,(iv) cork waste,
(v) waste excluded from the scope of Directive 75/442/EEC pur-
suant to Article 2(1) of that Directive ,(v)radioactive waste,C 377/150 EN 29.12.2000 Official Journal of the European Communities
Wednesday 15 March 2000
COUNCIL
COMMON POSITIONAMENDMENTS
BY PARLIAMENT
(Amendment 5)
Article 4(2)(a)
(a) the plant is designed,equipped and will be operated in
such a manner that the requirements of this Directive are
met,taking into account the categories of waste to be
incinerated;(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 suchasFrameworkDirective 96/62/EConambient airqual-ity assessment and management(
1)are met,taking into
account the categories of waste to be incinerated;
(1) OJ L 296, 21.11.1996, p. 55.
(Amendment 6)
Article 4(2)(b)
(b) the heat generated during the incineration and co-incinera-
tion process is recovered as far as practicable;(b) the heat generated during the incineration and co-incinera-
tion process is recovered as far as practicable, forexample
through combined heat and power, the generating ofprocess steam or district heating;
(Amendment 8)
Article 4(8a)(new)
8a. If an incineration or co-incineration plant does not
comply with the conditions of the permit, in particularwith the emission limit values for air and water, the com-petent authority shall take action to enforce compliance.
(Amendment 9)
Article 5(1)
1. The operator of the incineration or co-incineration plant
shall take all necessary precautions concerning the delivery andreception of waste in order to prevent or, where not practicable,
reduce as far as possible negative effects to the environment,in
particular the pollution of air,soil,surface water and ground-
water as well as odours and noise,and direct risks to humanhealth. These measures shall meet at least the requirements setout in paragraphs 3 and 4.1. The operator of the incineration or co-incineration plant
shall take all necessary precautions concerning the delivery andreception 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. These measures shall meet at least the
requirements set out in paragraphs 3 and 4.
(Amendment 10)
Article 6(1), 1st subparagraph
1. Incineration plants shall be operated in order to achieve a
level of incineration such that the slag and bottom ashes total
organic carbon (TOC) content is less than 3 % or their loss on
ignition is less than 5 % of the dry weight of the material. If
necessary appropriate techniques of waste pre-treatment shall
be used.1. Incineration plants shall be operated in order to achieve a
level of incineration such that the slag and bottom ashes total
organic carbon (TOC) content , minus the content of elemen-
talcarbon, is less than 3 % or their loss on ignition is less than
5 % of the dry weight of the material. If necessary appropriatetechniques of waste pre-treatment shall be used.29.12.2000 EN C 377/151 Official Journal of the European Communities
Wednesday 15 March 2000
COUNCIL
COMMON POSITIONAMENDMENTS
BY PARLIAMENT
(Amendment 11)
Article 6(1), 2nd subparagraph
Incineration plants shall be designed,equipped,built and oper-
ated in such a way that the gas resulting from the process israised,after the last injection of combustion air,in a controlled
and homogeneous fashion and even under the most unfavour-
able conditions,to a temperature of 850 °C,as measured near
the inner wall or at another representative point of the com-
bustion chamber as authorised by the competent authority,fortwo seconds. If hazardous wastes with a content of more than
1 % of halogenated organic substances,expressed as chlorine,
are incinerated,the temperature has to be raised to 1 100 °C.Incineration plants shall be designed,equipped,built and oper-
ated in such a way that the gas resulting from the process israised,after the last injection of combustion air,in a controlled
and homogeneous fashion and even under the most unfavour-
able conditions,to a temperature of 850 °C,as measured near
the inner wall or at another representative point of the com-
bustion chamber as authorised by the competent authority,fortwo seconds. If wastes with a content of more than 1 % of
halogenated organic substances,expressed as chlorine,are
incinerated,the temperature has to be raised to 1 100 °C for
at least two seconds .
(Amendment 13)
Article 7(2), 2nd subparagraph
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 shall apply.If in a co-incineration plant more than 40 % of the resulting
heat release comes from hazardous waste, or potentially
hazardous waste, the emission limit values set out in
Annex V shall apply.
(Amendment 15)
Article 8(2)
2. Discharges to the aquatic environment of waste water
resulting from the cleaning of exhaust gases shall be limited as
far as practicable,at least in accordance with the emission limitvalues set in Annex IV.2. Discharges to the aquatic environment of waste water
resulting from the cleaning of exhaust gases shall be limited as
far as practicable,at least in accordance with the emission limitvalues set in Annex IV, and may under no circumstances
stand in the way of the environmental quality objectives .
(Amendment 17)
Article 11(1)
1. Member States shall,either by specification in the condi-
tions of the permit or by general binding rules,ensure that
paragraphs 2 to 12 and 17,as regards air,and paragraphs 14
to 17,as regards water,are complied with.1. Member States shall,either by specification in the condi-
tions of the permit or by general binding rules,ensure that
paragraphs 2 to 12 and 17,as regards air,and paragraphs 9
and 14 to 17,as regards water,are complied with.
(Amendment 20)
Article 12
Without prejudice to Council Directive 90/313/EEC and Direc-
tive 96/61/EC,applications for new permits shall be madeavailable to the public to enable itto 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.1. Without prejudice to Council Directive 90/313/EEC and
Directive 96/61/EC,applications for new permits for incinera-
tion and co-incineration plants shall be made available at
one or more locations accessible to the public , such as
localauthorityofficesandpubliclibraries,foranappropri-ate period to enable the public to comment on them before
the competent authority reaches a decision. That decision,including at least a copy of the permit,and any subsequentupdates,shall also be made available to the public.C 377/152 EN 29.12.2000 Official Journal of the European Communities
Wednesday 15 March 2000
COUNCIL
COMMON POSITIONAMENDMENTS
BY PARLIAMENT
For incineration or co-incineration plants burning more than
three tonnes per hour and notwithstanding Article 15(2) of Direc-
tive 96/61/EC,an annual report to be provided by the operatorto the competent authority on the functioning and monitoringof the plant shall be made available to the public.2. Notwithstanding Article 15(2) of Directive 96/61/EC,for
incineration and co-incineration plants the operator shall pro-vide to the competent authority an annual environmental
report on the functioning and monitoring of the plant. This
report shall be made available to the public and shall, as aminimum requirement, give an account of the operationof the process and the emissions into air and water com-
pared with the emission standards in this Directive.
(Amendment 22)
Article 16
The Commission shall,in accordance with the procedure laid
down in Article 17,amend Articles 10,11 and 13 and
Annexes I and III in order to adapt them to technical progress
or new findings concerning the health benefits of emissionreductions.The Commission,in accordance with the procedure laid down
in Article 17,shall amend Articles 10,11 and 13 and Annexes
Ito V in order to adapt them to technical progress or new
findings concerning the health benefits of emission reductions.
(Amendment 25)
Annex II.1.1
Pollutant C
Total Dust 30
HCl 10
HF 1
NOX 800
Cd + Tl 0,05
Hg 0,05
Sb + As + Pb + Cr + Co + Cu + Mn + Ni + V 0,5
Dioxins and furans 0,1Pollutant C
Total Dust 30HCl 10
HF 1
NO
X (1)800,(2) 500
Cd + Tl 0,05
Hg 0,05
Sb + As + Pb + Cr + Co + Cu + Mn + Ni + V 0,5
Dioxins and furans 0,1
(1) for old plants.
(2) for new plants.
Until 1 January 2008 ,exemptions for NoXmay be authorised
by the competent authorities for existing wet process cement
kilns or cement kilns which burn less than three tonnes ofwaste per hour,provided that the permit foresees a total emis-sion limit value for NO
Xof not more than 1 200 mg/m3.Until 1 January 2007 ,exemptions for NoXmay be authorised
by the competent authorities for existing wet process cement
kilns or cement kilns which burn less than three tonnes ofwaste per hour,provided that the permit foresees a total emis-sion limit value for NO
Xof not more than 1 200 mg/m3.
Until 1 January 2008 ,exemptions for dust may be authorised
by the competent authority for cement kilns which burn lessthan three tonnes of waste per hour,provided that thepermit foresees a total emission limit value of not more than50 mg/m
3.Until 1 January 2007 ,exemptions for dust may be authorised
by the competent authority for cement kilns which burn lessthan three tonnes of waste per hour,provided that thepermit foresees a total emission limit value of not more than50 mg/m
3.29.12.2000 EN C 377/153 Official Journal of the European Communities
Wednesday 15 March 2000
COUNCIL
COMMON POSITIONAMENDMENTS
BY PARLIAMENT