Amended proposal for a COUNCIL DIRECTIVE on the incineration of hazardous waste
Date: 1993-06-22
Institutions: European Commission
Subjects: air quality, dangerous substance, environmental protection, prevention of pollution, public health, waste disposal, waste incineration

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 
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). 

the  waste  resulting  from  the  incineration 

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). 

States.  Article 

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 
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; 

the 

and 

furans y lM 

Whereas a  limit value for 
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». 

—  U N 

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 

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, 
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. 

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 

2.  the emission of dioxins 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 ; 

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 

3.  Discharge  to the aquatic 

environment  of waste waters 
resulting  from  the cleaning of 
exhaust  gases shall be 
prohibited  for new plants. 

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 

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. 

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 

(c)  Monthly measurements, on  the 

measurements of  the substances 
mentioned  In Article 8, points 
1(c) and 2; 

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 

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. 

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 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. 

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