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. 
23. 3. 88 Official Journal of the European Communities No C 75/9 
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 must be applied 
progressively in existing incineration plants, taking due 
account of the technical characteristics, rate of util­
ization and the length of the remaining life of the plant 
and of the need to avoid excessive costs; whereas they 
provide a means of attaining concentrations of pollutants 
in the combustion gases not exceeding certain limit 
values; 
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 by fixing emission limit values and other 
pollution prevention requirements the Community 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 rapidly ensure an effective 
protection of the environment without imposing on the 
undertakings concerned an excessive burden, appropriate 
time limits must be set for adapting existing incineration 
plants to the best available technology not entailing 
excessive costs; whereas, to this end, account must be 
taken not only of the needs of the environment but also 
of the technical and economic constraints including 
energy considerations; whereas in the long run all 
municipal waste incineration plants should observe the 
same conditions, but in the interim less stringent 
requirements can be accepted at plants with only a short 
service life remaining; 
Whereas the requirements imposed on existing plants 
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 results obtained, 
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. 'Existing plant' means a municipal waste incineration 
plant for which authorization to operate is granted 
before the date specified in Article 12 (1) of this 
Directive. 
6. 'New plant' means a municipal waste incineration 
plant for which authorization to operate is granted as 
from the date specified in Article 12 (1) of this 
Directive. 
7. '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 
As part of their policies and strategies for the gradual 
adaptation of existing industrial plants to the best 
available technology, as required by Article 13 of 
Council Directive 84/360/EEC of 28 June 1984 on the 
combating of air pollution from industrial plants ('), 
Member States shall take appropriate measures to ensure 
that the operation of existing municipal waste incin­
eration plants is subject: 
(a) within five years from the date specified in Article 
12 (1), to the conditions laid down in Articles 3 to 8 
of this Directive; 
O OJ No L 188, 16. 7. 1984, p. 20. 
No C 75/10 Official Journal of the European Communities 23. 3. 88 
(b) within 10 years from the date specified in Article 
12 (1), to the conditions imposed on new incin­
eration plants by Council Directive (. . .) of (. . .) on 
the prevention of air pollution from new municipal 
waste incineration plants. 
The competent authorities shall ensure that any adap­
tation of existing plants decided after taking account of 
the length of their remaining life and of the time limits 
and conditions laid down in this Directive is carried out 
as soon as possible. 
Article 3 
Within the time limit laid down in Article 2 (a) of this 
Directive, the following emission limit values, stan­
dardized at the following conditions: temperature 273 K, 
pressure 101,3 kPa, 11 % oxygen or 9 % C02 and dry 
gas, shall apply to existing municipal waste incineration 
plants: 
(a) Plants whose nominal capacity is at least six tonnes 
of waste per hour 
— total dust 100 mg/Nm3; 
(b) Plants whose nominal capacity is less than six tonnes 
of waste per hour, but at least one tonne per hour 
— total dust 150 mg/Nm3; 
(c) Plants whose nominal capacity is less than one tonne 
of waste per hour 
— total dust 600 mg/Nm3. 
Article 4 
1. Within the time limit laid down in Article 2 (a) of 
this Directive, existing 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 homogeneous fashion and even in 
the most unfavourable conditions, to a temperature of at 
least 850 °C for at least two seconds in the presence of 
at least 6 % oxygen. 
2. Within the time limit laid down in paragraph 1 of 
this Article all existing municipal waste incineration 
plants shall observe a limit value of 100 mg/Nm3 for the 
carbon monoxide concentration in the combustion gases 
while in operation. 
This limit value shall be standardized at the following 
conditions: temperature 273 K, pressure 101,3 kPa, 
11 % oxygen or 9 % C02 and dry gas. 
Article 5 
1. The temperature 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) 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 total dust, wherever continuous 
monitoring is required 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 total dust, wherever periodic 
measurements are required 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. Within the time limit laid down in Article 2 (a) of 
this Directive, the following measurements shall be 
required for existing incineration plants: 
(a) concentrations of certain substances in the 
combustion gases 
(i) the following shall be continuously measured 
and recorded: 
— at all existing plants, the concentrations of 
carbon monoxide (CO) and oxygen; 
— at existing plants with a nominal capacity of 
one tonne of waste per hour or more, the 
concentration of total dust; 
(ii) the following shall be measured periodically: 
— at existing plants with a nominal capacity of 
less than one tonne of waste per hour, the 
concentration of total dust. 
(b) operating parameters: 
(i) the temperature of the gases in the area where 
the conditions imposed by Article 4(1) of this 
Directive are satisfied 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, under the most 
unfavourable operating conditions envisaged for 
23. 3. 88 Official Journal of the European Communities No C 75/11 
the plant must be the subject of appropriate veri­
fications at least once after any adaptation of the 
plant and, under all circumstances, before the 
time limit set in Article 2 (a) of this Directive. 
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 
(PCDDs) and of polychlorinated dibenzofurans 
(PCDFs) 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 
Within the time limit laid down in Article 2 (a) of this 
Directive, all existing 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 oper­
ations in order to ensure that the abovementioned 
minimum temperature is maintained at all times during 
these operations 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 day down appropriate emergency 
measures to ensure that the abovementioned limits are 
again observed. Plants which 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 designed 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/Nm3 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 
The public shall be informed of the obligations imposed 
in respect of existing incineration plants pursuant to this 
Directive. The public will also 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 
Member States shall take the necessary measures to 
ensure that compliance with the conditions imposed on 
existing incineration plants pursuant to this Directive is 
verified by the competent authorities. 
Article 11 
Member States may adopt more stringent provisions than 
those of this Directive, where necessary, in order to 
protect health and the environment. 
Article 12 
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 13 
This Directive is addressed to the Member States.