Proposal for a Council Directive on the incineration of waste
Date: 1998-10-07
Institutions: European Commission
Subjects: air quality, directive (EU), pollution control measures, waste incineration, waste management

2.12.98

EN

Official  Journal  of  the  European  Communities

C  372/11

II

(Preparatory  Acts)

COMMISSION

Proposal  for  a  Council  directive  on  the  incineration  of  waste

(98/C  372/07)

(Text  with  EEA  relevance)

COM(1998)  558  final  -  98/0289(SYN)

(Presented  by  the  Commission  on  29  October  1998)

THE  COUNCIL  OF  THE  EUROPEAN  UNION,

Having  regard  to  the  Treaty  establishing  the  European
Community,  and  in  particular  Article  130s(1)  thereof,

Having  regard  to  the  proposal  from  the  Commission,

Having  regard  to  the  Opinion  of  the  Economic  and
Social  Committee,

(2)(cid:217)Whereas 

the  Protocol  on  persistent  organic
pollutants  signed  by  the  Community  within  the
framework  of 
the  United  Nations  Economic
Commission  for  Europe  (UN(cid:220)ECE)  Convention  on
long(cid:220)range  transboundary  air  pollution,  sets  legally
binding  limit  values  for  the  emission  of  dioxins  and
furans  of  0,1  ng/m3  TE  (Toxicity  Equivalents)  for
installations  burning  more  than  3  tonnes  per  hour
of  municipal  solid  waste,  0,5  ng/m3  TE  for  instal(cid:220)
lations  burning  more  than  1  tonne  per  hour  of
medical  solid  waste,  and  0,2  ng/m3  TE  burning
more  than  1  tonne  per  hour  of  hazardous  waste;

Having  regard  to  the  Opinion  of  the  Committee  of  the
Regions,

Acting  in  accordance  with  the  procedure  laid  down  in
Article  189c  of  the  Treaty,  in  cooperation  with  the
European  Parliament,

(1)(cid:217)Whereas  the  fifth  Environment  Action  Programme:
Towards  sustainability  -  A  European  Community
programme  of  policy  and  action  in  relation  to  the
environment  and  sustainable  development(cid:216)(˛)  sets  as
an  objective  "no  exceedance  ever  of  critical  loads
and  levels’  of  certain  pollutants  such  as  nitrogen
oxides  (NOX),  sulphur  dioxide  (SO2),  heavy  metals
in  therms  of  air  quality  the
and  dioxins  while 
objective  is  that  "all  people  should  be  effectively
protected  against  recognised  health  risks  from  Air
Pollution’;  whereas  that  Programme  further  sets  as
an  objective  a  "90(cid:216)%  reduction  of  dioxin  emissions
of  identified  sources  by  2005  (1985  level)’  and  "at
least  70(cid:216)%  reduction  from  all  pathways  of  cadmium
(Cd),  mercury  (Hg)  and  lead  (Pb)  emissions  in
1995’;

the 

framework  of 

(3)(cid:217)Whereas  the  Protocol  on  Heavy  Metals  signed  by
the
the  Community  within 
United  Nations  Economic  Commission  for  Europe
(UN(cid:220)ECE)  Convention  on  Long(cid:220)Range  Trans(cid:220)
boundary  Air  Pollution  sets  legally  binding  limit
values  for  the  emission  of  particulate  of  10(cid:216)mg/m3
for  hazardous  and  medical  waste  incineration  and
for  the  emission  of  mercury  of  0,05(cid:216)mg/m3  for
hazardous  waste  incineration  and  0,08(cid:216)mg/m3  for
municipal  waste  incineration;

(4)(cid:217)Whereas  Council  Directives  89/369/EEC(cid:216)(ˇ)  and
89/429/EEC(cid:216)(—)  on  the  prevention  and  reduction  of
incineration
air  pollution  from  municipal  waste 
plants  contributed  to  the  reduction  and  control  of
incineration  plants;
atmospheric  emissions 
whereas  more 
should  now  be
stringent  rules 
adopted  and  those  Directives  should  accordingly  be
repealed;

from 

(˛)(cid:217)OJ  C  138,  17.5.1993,  p.  5.

(ˇ)(cid:217)OJ  L  163,  14.6.1989,  p.  32.
(—)(cid:217)OJ  L  203,  15.7.1989,  p.  50.

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(5)(cid:217)Whereas,  in  accordance  with  the  principle  of  sub(cid:220)
sidiarity  and  the  principle  of  proportionality  as  set
out  in  Article  3b  of  the  Treaty,  the  objective  of
reducing  emissions  from  incineration  and  co(cid:220)incin(cid:220)
eration  plants  cannot  be  achieved  effectively  by
Member  States  acting  individually;  whereas  uncon(cid:220)
certed  action  offers  no  guarantee  of  achieving  the
desired  objective;  whereas,  in  view  of  the  need  to
reduce  emissions  across  the  Community,  it  is  more
effective 
the
Community;  whereas  this  Directive  confines  itself
to  minimum  requirements 
incineration  and
co(cid:220)incineration  plants;

take  action  at 

level  of 

the 

for 

to 

(6)(cid:217)Whereas  Council  Resolution 

97/C(cid:216)76/01 

of
24  February  1997(cid:216)(˛)  on  a  Community  strategy  for
importance  of
waste  management  underlines  the 
Community  criteria  concerning  the  use  of  waste,
the  need  for  appropriate  emission  standards  to
apply  to  incineration  facilities,  the  need  for  moni(cid:220)
toring  measures  to  be  envisaged  for  existing  incin(cid:220)
eration  plants,  and  the  need  for  the  Commission  to
consider 
in
relation  to  the  incineration  of  waste  with  energy
recovery  in  order  to  avoid  large(cid:220)scale  movements  of
waste  in  the  Community;

amending  Community 

legislation 

(7)(cid:217)Whereas  the  rules  of  the  Internal  Market  apply  for
wastes  for  recovery  and  therefore  the  same  strict
rules  are  necessary  for  all  plants  incinerating  waste
in  order  to  avoid  transboundary  movements  to
plants  operating  at  lower  costs  due  to  less  stringent
environmental  standards;

(8)(cid:217)Whereas  Council  Directive  96/61/EC  of  24
September  1996(cid:216)(ˇ)  sets  out  an  integrated  approach
to  pollution  prevention  and  control  in  which  all
installation’s  environmental
the  aspects  of  an 
performance  are  considered 
integrated
manner;  whereas  installations  for  the  incineration
of  municipal  waste  with  a  capacity  exceeding  3
tonnes  per  hour  and  installations  for  the  disposal
and  recovery  of  hazardous  waste  with  a  capacity
exceeding  10  tonnes  per  day  are  included  within
the  scope  of  the  Directive  96/61/EC;

in  an 

(9)(cid:217)Whereas  this  Directive  sets  emission  limit  values
according  to  Article  18  of  Directive  96/61/EC  as
well  as  operating  conditions  and  emission  limits  for
all  plants  incinerating  waste  in  order  to  ensure  a
high  level  of  environmental  protection;

but 

sufficient 

(10)(cid:217)Whereas  compliance  with  the  emission  limit  values
laid  down  by  this  Directive  should  be  regarded  as  a
not 
necessary 
for
compliance  with 
the  requirements  of  Directive
96/61/EC  regarding  the  use  of  best  available  tech(cid:220)
niques;  whereas  such  compliance  may  involve  more
stringent  emissions 
limit
values  for  other  substances  and  other  media,  and
other  appropriate  conditions;

limit  values,  emission 

condition 

(11)(cid:217)Whereas 

industrial  experience 

implemen(cid:220)
tation  of  techniques  for  the  reduction  of  polluting
incineration  plants  has  been
emissions 
acquired  over  a  period  of  ten  years;

in  the 

from 

(12)(cid:217)Whereas  Article 

4 

to 

take 

of  Council  Directive
75/422/EEC  of  15  July  1975  on  waste(cid:216)(—)  as  last
amended  by  Commission  Decision  96/350/EC(cid:216)((cid:209)),
the  necessary
requires  Member  States 
is  recovered  or
measures  to  ensure  that  waste 
disposed  of  without  endangering  human  health  and
without  harming  the  environment;  whereas,  to  this
end,  Article  9  of  that  Directive  provides  that  any
plant  or  undertaking  treating  waste  must  obtain  a
permit  from  the  competent  authorities  relating,
inter  alia,  to  the  precautions  to  be  taken;

(13)(cid:217)Whereas  the  purpose  of  the 

incineration  plants
established  and  operated  in  accordance  with  this
Directive  is  to  reduce  the  pollution(cid:220)related  risks  of
waste  through  a  process  of  thermal  treatment,
especially  oxidation,  to  reduce  the  quantity  and
volume  of  the  waste  and  to  produce  residues  that
can  be  recycled  or  disposed  of  safely;

(14)(cid:217)Whereas  Article  129  of  the  Treaty  requires  that
human  health 
a
requirements 
constituent  part  of  other  Community  policies;
that
whereas, 
Community  policy  on 
to
contribute  to  protecting  human  health;

further,  Article  130r  provides 

the  environment 

should 

form 

is 

setting 

(15)(cid:217)Whereas,  therefore,  a  high  level  of  environmental
protection  and  human  health  protection  requires
the 
appropriate
and  maintaining  of 
operating  conditions  and  emission  limit  values  for
waste  incineration  plants  within  the  Community;
whereas  the  limit  values  set  should  contribute  to
reducing  negative  effects  on  the  environment  and  to
minimising  adverse  effects  on  human  health;

(˛)(cid:217)OJ  C  76,  11.3.1997,  p.  1.
(ˇ)(cid:217)OJ  L  257,  10.10.1996,  p.  26.

(—)(cid:217)OJ  L  194,  25.7.1975,  p.  39.
((cid:209))(cid:217)OJ  L  135,  6.6.1996,  p.  32.

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(16)(cid:217)Whereas  high(cid:220)standard  measurement  techniques  are
required  to  monitor  emissions  to  ensure  compliance
with  the  emission  limit  values  for  the  pollutants;

(a)(cid:217)Plants  only  treating  the  following  wastes:

(17)(cid:217)Whereas  integrated  protection  of  the  environment
against  emissions 
thermal
resulting 
treatment  of  waste  is  required;  whereas,  aqueous
waste  resulting  from  the  cleaning  of  exhaust  gases
should  therefore  be  discharged  only  after  separate
treatment,  in  order  to  limit  a  transfer  of  pollution
from  one  environmental  medium  to  another;

from 

the 

(18)(cid:217)Whereas  provisions  should  be  laid  down  for  cases
where  the  emission  limit  values  are  exceeded  as  well
as  for  technically  unavoidable  stoppages,  distur(cid:220)
bances  or  failures  of  the  purification  devices;

(19)(cid:217)Whereas  the  co(cid:220)incineration  of  waste  in  plants  not
primarily  intended  to  incinerate  waste  should  not  be
allowed  to  cause  higher  emissions  of  polluting
substances  in  that  part  of  the  exhaust  gas  volume
resulting  from  such  co(cid:220)incineration  and  should
therefore  be  subject  to  appropriate  limitations;

(20)(cid:217)Whereas  the  Member  States  should  lay  down  rules
on  penalties  applicable  to 
infringements  of  the
provisions  of  this  Directive  and  ensure  that  they  are
implemented;  whereas 
those  penalties  must  be
effective,  proportionate  and  dissuasive,

HAS  ADOPTED  THIS  DIRECTIVE:

Article  1

Objectives

soil, 

surfacewater  and  groundwater,  and 

The  aim  of  this  Directive  is  to  prevent  or,  where  that  is
not  practicable,  to  reduce  as  far  as  possible  negative
effects  on  the  environment,  in  particular  the  pollution  of
air, 
the
resulting  risks  to  human  health,  from  the  incineration
and  co(cid:220)incineration  of  waste  and,  to  that  end,  to  set  up
and  maintain  appropriate  operating  conditions  and
emission  limit  values  for  waste  incineration  and  co(cid:220)incin(cid:220)
eration  plants  within  the  Community.

Article  2

Scope

1.(cid:218)(cid:217)This  Directive  covers 
eration  plants.

incineration  and  co(cid:220)incin(cid:220)

(i) waste 

falling  within 

the 

scope  of  Council

Directive  94/67/EC(cid:216)(˛),

(ii) agriculture  and  forest  residues  and  wood  with
the  exception  of 
that  may  contain
those 
halogenic  organic  compounds  or  heavy  metals
as  a  result  of  treatment,

(iii)(cid:217)waste  excluded  from  the  scope  of  Directive
75/442/EEC  pursuant  to  Article  2(1)  of  that
Directive,

(iv) waste  resulting  from  the  exploration  for  and  the
exploitation  of  oil  and  gas  resources 
from
off(cid:220)shore  installations  and  incinerated  on  board;

(b) Plants  which  treat  less  than  10  tonnes  per  year  of

non(cid:220)municipal  waste  only.

Article  3

Definitions

For  the  purposes  of  this  Directive:

1.(cid:217)"waste’  means  any  solid  or  liquid  waste  as  defined  in

Article  1(a)  of  Directive  75/442/EEC;

2.(cid:217)"incineration  plant’  means  any  stationary  or  mobile
the
technical  unit  and  equipment  dedicated 
thermal 
treatment  of  wastes  with  or  without
recovery  of  the  combustion  heat  generated.  This
includes  the  incineration  by  oxidation  of  wastes  as
well  as  pyrolysis,  gasification  or  other 
thermal
treatment  processes,  such  as  plasma  process  in  so  far
as  the  products  of  the  treatment  are  subsequently
incinerated;

to 

incineration 

This  definition  covers  the  site  and  the  entire  plant
including  all 
lines,  waste  reception,
storage,  on  site  pre(cid:220)treatment  facilities;  its  waste(cid:220),
fuel(cid:220)and  air(cid:220)supply  systems;  the  boiler;  facilities  for
treatment  or  storage  of  the  residues,  exhaust  gas  and
waste  water;  the  stack;  devices  and  systems  for
controlling 
incineration  operations,  recording  and
monitoring  incineration  conditions;

2.(cid:218)(cid:217)The  following  plants  shall  however  be  excluded
from  the  scope  of  this  Directive:

(˛)(cid:217)OJ  L  365,  31.12.1994,  p  34.

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3.(cid:217)"co(cid:220)incineration  plant’  means  a  plant  whose  main
purpose  is  the  generation  of  energy  or  production  of
material  products  and  which  uses  wastes  as  a  regular
or  additional  fuel;

incineration 

This  definition  covers  the  site  and  the  entire  plant
including  all 
lines,  waste  reception,
storage,  on  site  pre(cid:220)treatment  facilities;  its  waste(cid:220),
fuel(cid:220)  and  air(cid:220)supply  systems;  the  boiler;  facilities  for
treatment  or  storage  of  the  residues,  exhaust  gas  and
waste  water;  the  stack;  devices  and  systems  for
controlling 
incineration  operations,  recording  and
monitoring  incineration  conditions;

4.(cid:217)"existing  incineration  or  co(cid:220)incineration  plant’  means
a  plant  in  operation  and  complying  with  relevant
existing  national  and  Community  legislation  or,  in
accordance  with  legislation  existing  before  the  date
specified  in  Article  21,  a  plant  which  is  authorised  or
registered  or  in  the  view  of  the  competent  authority
the  subject  of  a  full  request  for  authorisation,
provided  that  the  plant  is  put  into  operation  no  later
than  one  year  after  the  date  specified  in  Article  21;

5.(cid:217)"emission’  means  the  direct  or  indirect  release  of
substances,  vibrations,  heat  or  noise  from  individual
or  diffuse  sources  in  the  plant  into  the  air,  water  or
soil;

sewage  sludge  from  the  treatment  of  waste  waters;
spent  catalysts  and  spent  activated  carbon)  defined  as
waste 
in  Article  1(a)  of  Directive  75/442/EEC,
which  is  generated  by  the  incineration  or  co(cid:220)incin(cid:220)
eration  process,  the  exhaust  gas  or  waste  water
treatment  or  other  processes  within  the  incineration
or  co(cid:220)incineration  plant.

Article  4

Application  and  Permit

1.(cid:218)(cid:217)No 
operate  without  a  permit.

incineration  or  co(cid:220)incineration  plant 

shall

to  Directive  96/61/EC, 

the
2.(cid:218)(cid:217)Without  prejudice 
application  for  a  permit  by  an  incineration  or  co(cid:220)incin(cid:220)
eration  plant  to  the  competent  authority  shall  include  a
description  of  the  measures  which  are  envisaged  to
guarantee  that:

(a)(cid:217)the  plant  is  designed,  equipped  and  will  be  operated
in  such  a  manner  that  the  requirements  of  this
Directive  are  met;

(b) the  heat  generated  during  the  incineration  process  is

recovered  as  far  as  possible;

(c) the  residues  will  be  prevented,  reduced  or  recycled  as

far  as  possible;

6.(cid:217)"emission  limit  values’  means  the  mass,  expressed  in
terms  of  certain  specific  parameters,  concentration
and/or  level  of  an  emission,  which  may  not  be
exceeded  during  one  or  more  periods  of  time;

(d) the  disposal  of 

the  residues  which  cannot  be
prevented,  reduced  or  recycled  will  be  carried  out  in
conformity  with  national  and  Community  legislation.

7.(cid:217)"dioxins  and 

dibenzo(cid:220)p(cid:220)dioxins 
Annex  I;

furans’  means  all  polychlorinated
in

and  dibenzofurans 

listed 

8.(cid:217)"operator’  means  any  natural  or  legal  person  who
operates  or  controls  the  plant  or,  where  this 
is
provided 
to  whom
decisive  economic  power  over  the  technical  func(cid:220)
tioning  of  the  plant  has  been  delegated;

in  national 

legislation, 

for 

9.(cid:217)"permit’  means  a  written  decision  (or  several  such
decisions)  granting  authorisation  to  operate  all  or
part  of  a  plant;

10.(cid:217)"residue’  means  any 

solid  material
(including  bottom  ash  and  slag;  fly  ash  and  boiler
dust;  solid  reaction  products  from  gas  treatment;

liquid  or 

3.(cid:218)(cid:217)The  permit  shall  be  granted  only  if  the  application
shows  that  the  proposed  measurement  techniques  for
emissions  into  the  air  comply  with  Annex  III.

4.(cid:218)(cid:217)The  permit  granted  by  the  competent  authority  to
an  incineration  or  co(cid:220)incineration  plant  shall:

(a)(cid:217)list  explicitly  the  categories  of  wastes,  according  to
the  European  Waste  Catalogue  (EWC)  which  may
be  treated;

(b) include  the  total  waste  incinerating  capacity  of  the

plant;

(c) specify  the  sampling  and  measurement  procedures
used  to  satisfy  the  obligations  imposed  for  periodic
measurements  of  each  air  and  water  pollutants.

5.(cid:218)(cid:217)The  procedure  for  granting  permits  for  mobile
plants  shall  be  determined  by  Member  States.

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Article  5

Delivery  and  Reception  of  Waste

gasoil,  as  defined  in  Article  1(1)  of  Council  Directive
75/716/EEC(cid:216)(˛),  liquefied  gas  or  natural  gas.

The  operator  of  the  incineration  or  co(cid:220)incineration  plant
shall 
the
take  all  necessary  precautions  concerning 
delivery  and  reception  of  waste  in  order  to  prevent  or,
where  not  practicable,  to  reduce  as  far  as  possible
negative  effects  to  the  environment,  in  particular  the
pollution  of  air,  soil,  surfacewater  and  groundwater  as
well  as  odours  and  noise,  and  direct  risks  to  human
health.

The  operator  shall  determine  the  mass  of  each  category
of  the  waste,  according  to  the  EWC(cid:220)catalogue,  prior  to
accepting  the  waste  at  the  incineration  or  co(cid:220)incineration
plant.  The  competent  authorities  may  grant  exemptions
for  industrial  plants  and  undertakings  incinerating  or
co(cid:220)incinerating  only  their  own  waste  at  the  place  of
production  of  the  waste  provided  that  the  same  level  of
protection  is  met  and  that  the  values  are  not  needed  for
the  calculations  pursuant  to  Annex  II.

co(cid:220)incineration  plants 

2.(cid:218)(cid:217)All 
shall  be  designed,
equipped,  built  and  operated  in  such  a  way  that  the  gas
resulting  from  the  co(cid:220)incineration  of  waste  is  raised  in  a
controlled  and  homogeneous  fashion  and  even  under  the
most  unfavourable  conditions,  to  a  temperature  of  at
least  850(cid:216)›C  for  at  least  two  seconds.

3.(cid:218)(cid:217)Incineration  and  co(cid:220)incineration  plants  shall  have
and  operate  an  automatic  system  to  prevent  waste  feed:

(a)(cid:217)at  start(cid:220)up,  until  the  temperature  of  850(cid:216)›C  has  been

reached;

(b) whenever  the  temperature  of  850(cid:216)›C  is  not  main(cid:220)

tained;

Article  6

Operating  Conditions

(c) whenever  the  continuous  measurements  required  by
this  Directive  show  that  any  emission  limit  value  is
exceeded  due  to  disturbances  or  failures  of  the
purification  devices.

level  of 

1.(cid:218)(cid:217)Incineration  plants  shall  be  operated  in  order  to
incineration  such  that  the  Total
achieve  a 
Organic  Carbon  (TOC)  of  the  slag  and  bottom  ashes  is
less  than  3(cid:216)%  of  the  dry  weight  of  the  material.  If
necessary  appropriate  techniques  of  waste  pre(cid:220)treatment
shall  be  used.

All  incineration  plants  shall  be  designed,  equipped,  built
and  operated  in  such  a  way  that  the  gas  resulting  from
injection  of
is 
the  process 
raised,  after 
in  a  controlled  and  homogeneous
combustion  air, 
the  most  unfavourable
fashion 
least  850(cid:216)›C,  as
conditions,  to  a  temperature  of  a 
measured  near 
the  combustion
inner  wall  of 
the 
chamber,  for  at  least  two  seconds.

even  under 

and 

last 

the 

All  incineration  plants  shall  be  equipped  with  auxiliary
burners.  These  burners  must  be  switched  on  auto(cid:220)
matically  when  the  temperature  of  the  combustion  gases
after  the  last  injection  of  combustion  air  falls  below
850(cid:216)›C.  They  shall  also  be  used  during  plant  start(cid:220)up  and
shut(cid:220)down  operations 
the
in  order 
temperature  of  850(cid:216)›C  is  maintained  at  all  times  during
these  operations  and  as  long  as  unburned  waste  is  in  the
combustion  chamber.

to  ensure 

that 

from 

those 

laid  down 

in
4.(cid:218)(cid:217)Conditions  different 
paragraph  1  and  specified 
in  the  permit  for  certain
categories  of  waste  or  for  certain  thermal  processes  may
be  authorised  by  the  competent  authority.  The  change  of
the  operational  conditions  shall  not  cause  more  residues
or  residues  with  a  higher  content  of  organic  pollutants
compared  to  those,  which  could  be  expected  under  the
conditions  laid  down  in  paragraph  1.

Conditions  different  from  those  laid  down  in  paragraph
2  and  specified  in  the  permit  for  certain  categories  of
waste  or  for  certain  thermal  processes  may  be  authorised
by  the  competent  authority.  Such  authorisation  shall  be
conditional  upon  at  least  the  provisions  for  emission  limit
values  set  out  in  Annex  V  for  total  organic  carbon  and
CO  being  complied  with.

operating 

conditions  determined 

All 
this
paragraph  and  the  results  of  verifications  made  shall  be
communicated 
the
information  provided  in  accordance  with  the  reporting
requirements.

the  Commission  as  part  of 

under 

to 

During  start(cid:220)up  and  shut(cid:220)down  or  when  the  temperature
of  the  combustion  gas  falls  below  850(cid:216)›C,  the  auxiliary
burners  shall  not  be  fed  with  fuels  which  can  cause
higher  emissions  than  those  resulting  from  the  burning  of

5.(cid:218)(cid:217)All  incineration  and  co(cid:220)incineration  plants  shall  be
in  such  a
designed,  equipped,  built  and  operated 

(˛)(cid:217)OJ  L  307,  27.11.1975,  p.  22.

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way  as  to  prevent  emissions  into  the  air  giving  rise  to
significant  ground(cid:220)level  air  pollution; 
in  particular,
exhaust  gases  shall  be  discharged  in  a  controlled  fashion
and  in  conformity  with  Community  and  other  relevant
air  quality  standards  by  means  of  a  stack  the  height  of
which  is  calculated  in  such  a  way  as  to  safeguard  human
health  and  the  environment.

Any  heat  generated  by  the 
eration  process  shall  be  recovered  as  far  as  possible.

incineration  or  co(cid:220)incin(cid:220)

2.(cid:218)(cid:217)Discharges  to  the  aquatic  environment  of  waste
water  resulting  from  the  cleaning  of  exhaust  gases  shall
be  limited  as  far  as  possible.

3.(cid:218)(cid:217)Subject  to  a  specific  provision  in  the  permit,  the
waste  water  from  the  cleaning  of  exhaust  gases  may  be
discharged  after  separate  treatment  on  condition  that:

(a)(cid:217)the  requirements  of  relevant  Community,  national
and  local  provisions  are  complied  with  in  the  form  of
emission  limit  values;  and

Article  7

Air  Emission  Limit  Values

(b) the  mass  concentrations  of  the  polluting  substances
referred  to  in  Annex  IV  do  not  exceed  the  emission
limit  values  laid  down  therein.

1.(cid:218)(cid:217)Incineration  plants  shall  be  designed,  equipped,
built  and  operated  in  such  a  way  that  the  emission  limit
values  set  out  in  Annex  V  are  not  exceeded  in  the
exhaust  gas:

4.(cid:218)(cid:217)The  emission  limit  values  shall  apply  at  the  point
where  the  polluting  substances  referred  to  in  Annex  IV
are  discharged  from  the  incineration  or  co(cid:220)incineration
plant.

2.(cid:218)(cid:217)The  results  of  the  measurements  made  to  verify
compliance  with  the  emission  limit  values  shall  be  stan(cid:220)
dardised  with  respect  to  the  conditions  laid  down  in
Article  11.

3.(cid:218)(cid:217)Where  wastes  are  co(cid:220)incinerated,  the  emission  limit
values  as  determined  pursuant  to  Annex  II  shall  apply.

Where  the  waste  water  from  the  cleaning  of  exhaust
gases  is  treated  collectively  with  other  on(cid:220)site  sources  of
similar  waste  water, 
the
the  operator 
measurements  referred  to  in  Article  11:

shall 

take 

(a)(cid:217)on  the  waste  water  stream  from  the  exhaust  gas
the

cleaning  processes  prior 
collective  waste  water  treatment  plant;

input 

into 

its 

to 

4.(cid:218)(cid:217)In  the  case  of  co(cid:220)incineration  of  untreated,  mixed
municipal  waste,  paragraph  3  shall  not  apply.

(b) on  the  other  waste  water  stream  or  streams  prior  to
its  or  their  input  into  the  collective  waste  water
treatment  plant;

5.(cid:218)(cid:217)If  waste  falling  within  the  scope  of  Directive
94/67/EC  is  co(cid:220)incinerated  or  incinerated  in  the  same
plant  as  waste  falling  within  the  scope  of  this  Directive,
the  emission  limit  values  set  out  in  Annexes  II,  IV  and  V
to  this  Directive,  respectively,  shall  apply  with  respect  to
the 
regards  other
requirements,  the  stricter  of  the  provisions  of  Directive
94/67/EC  or  this  Directive  shall  apply.

amount  of  waste.  As 

total 

6.(cid:218)(cid:217)Notwithstanding  paragraphs  3  and  5,  if  more  than
40(cid:216)%  of  the  resulting  heat  release  in  a  plant  referred  to
in  paragraph  5  comes  from  waste  falling  within  the  scope
of  Directive  94/67/EC,  the  emission  limit  values  set  out
in  Annex  V  to  this  Directive  shall  apply.

Article  8

Water  Discharges

1.(cid:218)(cid:217)Any  waste  water  discharged  from  an  incineration
or  co(cid:220)incineration  plant  shall  be  subject  to  a  permit.

(c) at  the  point  of  final  waste  water  discharge,  after  the

treatment,  from  the  incineration  plant.

The  operator  shall  take  appropriate  mass  balance  calcu(cid:220)
lations  in  order  to  determine  the  emission  levels  in  the
final  waste  water  discharge  that  can  be  attributed  to  the
waste  water  arising  from  the  cleaning  of  exhaust  gases  in
order  to  check  compliance  with  the  emission  limit  values
set  out  in  Annex  IV.

5.(cid:218)(cid:217)The  competent  authorities  shall  ensure  that  in  no
instance  does  dilution  of  waste  waters  occur  by  mixing
different  waste  water  streams  or  otherwise,  except  where
such  mixing  is  part  of  a  process  duly  licensed  under  the
waste  management  licensing  regulations.

6.(cid:218)(cid:217)The  permit  shall:

a)(cid:217)establish  emission 

limit  values 

for  organic  or
inorganic  polluting  substances 
in  accordance  with
paragraph  2  and  in  order  to  meet  the  requirements
referred  to  in  paragraph  3(a);

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b) set  operational  control  parameters  at 

least 

for

temperature  and  flow.

mass  concentrations  and  flows  of  the  pollutants  relevant
to  the  incineration  or  co(cid:220)incineration  process.

and 

plant 

co(cid:220)incineration 

7.(cid:218)(cid:217)Incineration 
sites,
including  associated  storage  areas  for  wastes,  shall  be
designed  and  operated  in  such  a  way  as  to  prevent  the
release  of  any  polluting 
soil  and
the  provisions  of
groundwater 
Council  Directive  80/68/EEC(cid:216)(˛).  Moreover,  storage
capacity  shall  be  provided  for  rainwater  run(cid:220)off  from  the
incineration  plant  site  or  for  contaminated  water  arising
from  spillage  or  fire(cid:220)fighting  operations.

in  accordance  with 

substances 

into 

The  measurement  requirements  shall  be  laid  down  in  the
permit  or  in  the  conditions  attached  to  the  permit  issued
by  the  competent  authorities.

The  appropriate  installation  and  the  functioning  of  the
automated  monitoring  equipment  for  emissions  into  air
and  water  shall  be  subject  to  control  and  to  an  annual
surveillance  test  by  means  of  parallel  measurements  with
the  reference  methods  once  a  year.

The  storage  capacity  shall  be  adequate  to  ensure  that
such  waters  can  be  tested  and  treated  before  discharge
where  necessary.

The  location  of  the  sampling  or  measurement  points
shall  be  agreed  with  the  competent  authority.

Article  9

Residues

Periodic  measurements  of  the  emissions  into  the  air  and
water  shall  be  carried  out  in  accordance  with  Annex  III,
point  1.

Residues  resulting  from  the  operation  of  the  incineration
or  co(cid:220)incineration  plant  shall  be  prevented  or  at  least
minimised  in  their  amount  and  harmfulness.  Residues
shall  be  recycled  as  far  as  possible  directly  in  the  plant  or
outside  in  accordance  with  relevant  Community  legis(cid:220)
lation  and  national  provisions.

Transport  and  intermediate  storage  of  dry  residues  in  the
form  of  dust,  such  as  boiler  dust  and  dry  residues  from
the  treatment  of  combustion  gases,  shall  take  place  in  the
form  of  e.g.  closed  containers.

Prior  to  determining  the  routes  for  the  disposal  or
recycling  of  the  residues  from  incineration  and  co(cid:220)incin(cid:220)
eration  plants,  appropriate  tests  shall  be  carried  out  to
establish  the  physical  and  chemical  characteristics  and
the  polluting  potential  of 
incineration
residues.  The  analysis  shall  concern  in  particular  the  total
soluble  fraction  and  heavy  metals  soluble  fraction.

the  different 

Article  11

Measurement  Requirements

1.(cid:218)(cid:217)Member  States  shall,  either  by  specification  in  the
conditions  of  the  permit  or  by  general  binding  rules,
ensure  that  paragraphs  2  to  12,  as  regards  air,  and
paragraphs  14  to  17,  as  regards  water,  are  complied
with.

2.(cid:218)(cid:217)The  following  measurements  of  air  pollutants  shall
be  carried  out  in  accordance  with  Annex  III  at  the  incin(cid:220)
eration  and  co(cid:220)incineration  plant:

(a)(cid:217)continuous  measurements 

following
substances:  CO,  total  dust,  TOC,  HCl,  HF,  SO2,
NOX;

the 

of 

Article  10

Control  and  Monitoring

(b) continuous  measurements  of  the  following  process
operation  parameters:  temperature  near  the 
inner
wall  of  the  combustion  chamber,  concentration  of
oxygen,  pressure,  temperature  and  water  vapour
content  of  the  exhaust  gas;

Measurement  equipment  shall  be  installed  and  techniques
used  in  order  to  monitor  the  parameters,  conditions,

(˛)(cid:217)OJ  L  20,  26.1.1980,  p.  43.

(c) at  least  two  measurements  per  year  of  heavy  metals,
dioxins  and  furans;  one  measurement  every  three
months  shall  however  be  carried  out  for  the  first
12  months  of  operation.

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time  as  well  as 

3.(cid:218)(cid:217)The  residence 
the  minimum
temperature  and  the  oxygen  content  of  the  exhaust  gases
shall  be  subject  to  appropriate  verification,  at  least  once
when  the  incineration  or  co(cid:220)incineration  plant  is  brought
into  service  and  under  the  most  unfavourable  operating
conditions  anticipated.

4.(cid:218)(cid:217)The  continuous  measurement  of  HF  may  be
omitted  if  treatment  stages  for  HCl  are  used  which
ensure  that  the  emission  limit  value  for  HCl  is  not  being
exceeded.  In  this  case  the  emissions  of  HF  shall  be
subject 
in
paragraph  2(c).

to  periodic  measurements  as 

laid  down 

5.(cid:218)(cid:217)The  continuous  measurement  of  the  water  vapour
content  shall  not  be  required  if  the  sampled  exhaust  gas
is  dried  before  the  emissions  are  analysed.

6.(cid:218)(cid:217)Periodic  measurements  as  laid  down  in  paragraph
(cid:216)instead  of  continuous
2(c)  of  HCl,  HF  and  SO2 
measuring  may  be  authorised  by  the  competent  authority
in  incineration  or  co(cid:220)incineration  plants,  if  the  operator
can  prove  that  the  emissions  of  those  pollutants  can
under  no  circumstances  be  higher  than  the  prescribed
emission  limit  values.

7.(cid:218)(cid:217)The  results  of  the  measurements  made  to  verify
compliance  with  the  emission  limit  values  shall  be  stan(cid:220)
dardised  at  the  following  conditions:

(a)(cid:217)Temperature  273(cid:216)K,  pressure 

101,3(cid:216)kPa, 

11(cid:216)%

oxygen,  dry  gas;

(b) Temperature 

273(cid:216)K, 

3(cid:216)%
oxygen,  dry  gas,  in  case  of  incineration  of  waste  oil
Directive
in 
only 
75/439/EEC(cid:216)(˛);

101,3(cid:216)kPa, 

pressure 

Council 

defined 

as 

(c) when  the  wastes  are  incinerated  or  co(cid:220)incinerated  in
an  oxygen(cid:220)enriched  atmosphere,  the  results  of  the
measurements  can  be  standardised  at  an  oxygen
content 
the  competent  authority
reflecting  the  special  circumstances  of  the  individual
case;

laid  down  by 

(d) in  the  case  of  co(cid:220)incineration,  the  results  of  the
measurements  shall  be  standardised  at  a  total  oxygen
content  as  calculated  in  Annex  II.

8.(cid:218)(cid:217)All  measurement 
recorded,
processed  and  presented  in  an  appropriate  fashion  in
order  to  enable  the  competent  authorities  to  verify
compliance  with  the  permitted  operating  conditions  and

results 

shall 

be 

(˛)(cid:217)OJ  L  194,  25.7.1975,  p.  23.

limit  values 

emission 
in
laid  down 
accordance  with  procedures  to  be  decided  upon  by  those
authorities.

in  this  Directive 

9.(cid:218)(cid:217)The  emission  limit  values  for  air  shall  be  regarded
as  being  complied  with  if:

(a)(cid:217)none  of  the  daily  average  values  exceeds  any  of  the
emission  limit  values  set  out  in  Annex  V(e)  first
indent,  and  Annex  V(a);

(b) none  of  the  half(cid:220)hourly  average  values  exceeds  any
of  the  emission  limit  values  set  out  in  Annex  V(b);

(c) none  of  the  average  values  over  the  sample  period  set
out  for  heavy  metals  and  dioxins  and  furans  exceeds
the  emission  limit  values  set  out  in  Annex  V(c)  and
(d);

(d) the  provisions  of  Annex  V(e),  second  indent,  are

met.

shall  be  determined  within 
time  (excluding 

10.(cid:218)(cid:217)The  half(cid:220)hourly  average  values  and  the  10(cid:220)minute
averages 
the  effective
the  start(cid:220)up  and  shut(cid:220)off
operating 
periods 
incinerated)  from  the
is  being 
measured  values  after  having  subtracted  the  value  of  the
confidence  interval  specified  in  point  2  of  Annex  III.  The
daily  average  values  shall  be  determined  from  those
validated  average  values.

if  no  waste 

To  obtain  a  valid  daily  average  value  no  more  than  five
half(cid:220)hourly  average  values  in  any  day  shall  be  discarded
due  to  malfunction  or  maintenance  of  the  continuous
measurement  system.  No  more  than  ten  daily  average
values  per  year  shall  be  discarded  due  to  malfunction  or
maintenance  of  the  continuous  measurement  system.

11.(cid:218)(cid:217)The  average  values  over  the  sample  period  and,  in
the  case  of  periodical  measurements  of  HF,  the  average
values  for  HF  shall  be  determined  in  accordance  with  the
requirements  of  Article  10.

12.(cid:218)(cid:217)Should  the  measurements  taken  show  that  the
emission  limit  values  laid  down  in  this  Directive  have
been  exceeded, 
shall  be
informed  without  delay.

the  competent  authorities 

13.(cid:218)(cid:217)The  Commission,  acting  in  accordance  with  the
procedure  laid  down  in  Article  17,  shall  decide,  as  soon
as  appropriate  measurement  techniques  are  available
within  the  Community,  the  date  from  which  continuous
measurements  of  the  air  emission  limit  values  for  dioxins
and  heavy  metals  shall  be  carried  out  in  accordance  with
Annex  III.

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14.(cid:218)(cid:217)The  following  measurements  shall  be  carried  out
at  the  point  of  waste  water  discharge

(a)(cid:217)continuous  measurements  of  the  parameters  referred

to  in  Article  8(6)(b);

(b) instantaneous  daily  measurements  of  total  suspended

solids;

(c) monthly  measurements  of  a  representative  24(cid:220)hour
sampling  of  the  polluting  substances  referred  to  in
Article  8(3)  with  items  2  to  13  in  Annex  IV;

(d) at  least  two  measurements  per  year  of  dioxins  and
furans;  however  one  measurement  every 
three
months  shall  be  carried  out  for  the  first  12  months  of
operation.

15.(cid:218)(cid:217)The  measurements 
concentrations  of  water  polluting  substances 
discharge  shall  be  carried  out  representatively.

the  determination  of
the

for 

in 

16.(cid:218)(cid:217)The  monitoring  of  the  mass  of  pollutants  in  the
treated  waste  water  shall  be  done  in  conformity  with
Community  and  national  law  and  laid  down  in  the
permit  as  well  as  the  frequency  of  the  measurements.
The  measurements  shall  be  carried  out  according  to
CEN 
to  national
standards.

if  not  available, 

standards  and, 

17.(cid:218)(cid:217)The  emission 
regarded  as  being  complied  with  if:

limit  values  for  water  shall  be

(a)(cid:217)no  representative  24(cid:220)hour  sampling  exceeds 

the
emission  limit  value  set  out  in  Annex  IV  for  total
suspended  solids,  polluting  substance  number  1;  for
heavy  metals,  polluting  substances  numbers  5  to  13,
cadmium  and  thallium,  substance  number  3  and  4
and  for  mercury,  substance  number  2;

(b) the  twice(cid:220)yearly  measurements  of  dioxins  and  furans
do  not  exceed  the  emission  limit  value  set  out  in
Annex  IV,  polluting  substance  number  14.

Article  12

Access  to  Information  and  Public  Participation  in  the
Permit  Procedure

Without  prejudice  to  Council  Directive  90/313/EEC(cid:216)(˛)
and  Directive  96/61/EC,  applications  for  new  permits
shall  be  made  available  to  the  public  for  an  appropriate
period  to  enable  it  to  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.

Article  13

Abnormal  Operating  Conditions

permissible 

period  of 

The  competent  authority  shall  lay  down  in  the  permit  the
maximum 
technically
unavoidable  stoppages,  disturbances,  or  failures  of  the
purification  devices  or  the  measurement  devices,  during
which  the  concentrations  in  the  discharges  into  the  air
and  the  purified  waste  water  of  the  regulated  substances
may  exceed  the  prescribed  emission  limit  values.

any 

In  case  of  a  breakdown,  the  operator  shall  reduce  or
close  down  operations  as  soon  as  practicable  until
normal  operations  can  be  restored.

The  incineration  plant  or  co(cid:220)incineration  plant  or  incin(cid:220)
eration  line  shall  under  no  circumstances  continue  to
incinerate  waste  for  a  period  of  more  than  four  hours
uninterrupted  where  emission  limit  values  are  exceeded;
moreover,  the  cumulative  duration  of  operation  in  such
conditions  over  one  year  shall  be  less  than  60  hours.

The  total  dust  content  of  the  emissions  into  the  air  of  an
incineration  plant  shall  under  no  circumstances  exceed
150(cid:216)mg/m3  expressed  as  a  half(cid:220)hourly  average;  moreover
the  air  emission  limit  values  for  CO  and  TOC  shall  not
be  exceeded.  All  other  conditions  referred  to  in  Article  6
shall  be  complied  with.

Article  14

Permit  Review

Without  prejudice  to  Directive  96/61/EC,  the  competent
reconsider  and,  where
authority 
necessary,  update  permit  conditions.

shall  periodically 

Article  15

Reporting

The  reports  on  the  implementation  of  this  Directive  shall
be  established  in  accordance  with  the  procedure  laid
down  in  Article  5  of  Council  Directive  91/692/EEC(cid:216)(ˇ).
The  first  report  shall  cover  the  first  full  three(cid:220)year  period
after  the  date  specified  in  Article  21.

(˛)(cid:217)OJ  L  158,  23.6.1990,  p.  56.

(ˇ)(cid:217)OJ  L  377,  31.12.1991,  p.  48.

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Article  16

Future  Adaptation  of  the  Directive

Article  19

Penalties

The  Commission,  in  accordance  with  the  procedure  laid
down  in  Article  17,  shall  amend  Articles  10,  11  and  12
and  Annexes  I  to  V  in  order  to  adapt  them  to  technical
progress  or  new  findings  concerning  the  health  benefits
of  emission  reductions.

Article  17

Committee

the  purposes  of 
the  application  of 
the  Commission  shall  be  assisted  by 

this
1.(cid:218)(cid:217)For 
Directive, 
the
Committee  established  under  Article  16  of  Directive
94/67/EC.

2.(cid:218)(cid:217)The  representative  of  the  Commission  shall  submit
to  the  commitee  a  draft  of  the  measures  to  be  taken.  The
committee  shall  deliver  its  opinion  on  the  draft  within  a
time  limit  which  the  chairman  may  lay  down  according
to  the  urgency  of  the  matter.  The  opinion  shall  be
delivered  by  the  majority  laid  down  in  Article  148(2)  of
the  Treaty  in  the  case  of  decisions  which  the  Council  is
required  to  adopt  on  a  proposal  from  the  Commission.
The  votes  of  the  representatives  of  the  Member  States
within  the  committee  shall  be  weighted  in  the  manner  set
out  in  that  Article.  The  Chairman  shall  not  vote.

The  Commission  shall  adopt  the  measures  envisaged  if
they  are 
the
Committee.

in  accordance  with 

the  opinion  of 

If  the  measures  envisaged  are  not  in  accordance  with  the
opinion  of  the  committee,  or  if  no  opinion  is  delivered,
the  Commission  shall,  without  delay,  submit  to  the
Council  a  proposal  relating  to  the  measures  to  be  taken.
The  Council  shall  act  by  a  qualified  majority.

If,  on  the  expiry  of  a  period  of  three  months  from  the
date  of  referral  to  the  Council,  the  Council  has  not
acted,  the  proposed  measures  shall  be  adopted  by  the
Commission.

Article  18

Repeal

Directives  89/369/EEC  and  89/429/EEC 
shall  be
repealed  five  years  after  the  entry  into  force  of  this
Directive.

penalties 

The  Member  States  shall  lay  down  the  rules  on  penalties
applicable  to  infringements  of  the  national  provisions
adopted  pursuant  to  this  Directive  and  shall  take  all
measures  necessary  to  ensure  that  they  are  implemented.
The 
effective,
proportionate  and  dissuasive.  The  Member  States  shall
notify  those  provisions  to  the  Commission  by  the  date
specified  in  Article  21  at  the  latest  and  shall  notify  it
without  delay  of  any  subsequent  amendment  affecting
them.

for  must 

provided 

be 

Article  20

Transitional  Provisions

The  provisions  of  this  Directive  shall  apply  to  existing
plants  five  years  after  the  date  of  entry  into  force  of  this
Directive.

Article  21

Bringing  into  Effect

laws,
1.(cid:218)(cid:217)Member  States  shall  bring 
regulations  and  administrative  provisions  necessary  to
comply  with  this  Directive  no  later  than  two  years  after
its  entry  into  force.  They  shall  forthwith  inform  the
Commission  thereof.

into  force  the 

When  Member  States  adopt  those  measures,  they  shall
contain  a  reference  to  this  Directive  or  be  accompanied
by  such  a  reference  on  the  occasion  of  their  official
publication.  Member  States  shall  determine  how  such
reference  is  to  be  made.

2.(cid:218)(cid:217)Member 
the
shall 
Commission  the  texts  of  the  provisions  of  national  law
which  they  adopt  in  the  field  covered  by  this  Directive.

communicate 

States 

to 

Article  22

Entry  into  Force

This  Directive  shall  enter  into  force  on  the  twentieth  day
following  that  of  its  publication  in  the  Official  Journal  of
the  European  Communities.

Article  23

Addressees

This  Directive  is  addressed  to  the  Member  States.

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ANNEX  I

EQUIVALENCE  FACTORS  FOR  DIBENZO(cid:220)p(cid:220)DIOYINS  AND  DIBENZOFURANS

For  the  determination  of  the  total  concentration  (TE)  of  dioxins  and  furans  the  mass  concentrations  of  the
following  dioxins  and  dibenzofurans  shall  be  multiplied  by  the  following  equivalence  factors  before
summing:

2,3,7,8

1,2,3,7,8

1,2,3,4,7,8

1,2,3,6,7,8

1,2,3,7,8,9

-(cid:217)Tetrachlorodibenzodioxin  (TCDD)

-(cid:217)Pentachlorodibenzodioxin  (PeCDD)

-(cid:217)Hexachlorobenzodioxin  (HxCDD)

-(cid:217)Hexachlorobenzodioxin  (HxCDD)

-(cid:217)Hexachlorodibenzodioxin  (HxCDD)

1,2,3,4,6,7,8

-(cid:217)Heptachlorodibenzodioxin  (HpCDD)

2,3,7,8

2,3,4,7,8

1,2,3,7,8

1,2,3,4,7,8

1,2,3,6,7,8

1,2,3,7,8,9

2,3,4,6,7,8

1,2,3,4,6,7,8

1,2,3,4,7,8,9

-(cid:217)Octachlorodibenzodioxin  (OCDD)

-(cid:217)Tetrachlorodibenzofuran  (TCDF)

-(cid:217)Pentachlorodibenzofuran  (PeCDF)

-(cid:217)Pentachlorodibenzofuran  (PeCDF)

-(cid:217)Hexachlorodibenzofuran  (HxCDF)

-(cid:217)Hexachlorodibenzofuran  (HxCDF)

-(cid:217)Hexachlorodibenzofuran  (HxCDF)

-(cid:217)Hexachlorodibenzofuran  (HxCDF)

-(cid:217)Heptachlorodibenzofuran  (HpCDF)

-(cid:217)Heptachlorodibenzofuran  (HpCDF)

-(cid:217)Octachlorodibenzofuran  (OCDF)

Toxic
equivalence
factor

1(cid:216)(cid:217)(cid:217)(cid:217)

0,5(cid:217)(cid:217)

0,1(cid:217)(cid:217)

0,1(cid:217)(cid:217)

0,1(cid:217)(cid:217)

0,01(cid:217)

0,001

0,1(cid:217)(cid:217)

0,5(cid:217)(cid:217)

0,05(cid:217)

0,1(cid:217)(cid:217)

0,1(cid:217)(cid:217)

0,1(cid:217)(cid:217)

0,1(cid:217)(cid:217)

0,01(cid:217)

0,01(cid:217)

0,001

ANNEX  II

DETERMINATION  OF  EMISSION  LIMIT  VALUES  FOR  THE  CO(cid:220)INCINERATION  OF  WASTE

The  limit  value  for  each  relevant  pollutant  and  carbon  monoxide  in  the  exhaust  gas  resulting  from  the
co(cid:220)incineration  of  waste  shall  be  calculated  as  follows:

Vwaste (cid:141)(cid:216)Cwaste +(cid:216)Vproc (cid:141)(cid:216)Cproc

Vwaste +(cid:216)Vproc

=(cid:217)C

Vwaste:

Cwaste:

Vproc:

exhaust  gas  volume  resulting  from  the  incineration  of  waste  only  determined  from  the  waste
with  the  lowest  calorific  value  specified  in  the  permit  and  standardised  at  the  conditions  given
by  this  Directive.

emission  limit  values  set  for  plants  intended  to  incinerate  wastes  only  (at  least  the  emission
limit  values  for  the  pollutants  and  carbon  monoxide).

exhaust  gas  volume  resulting  from  the  plant  process  including  the  combustion  of  the  auth(cid:220)
orised  fuels  normally  used  in  the  plant  (wastes  excluded)  determined  on  the  basis  of  oxygen
contents  at  which  the  emissions  must  be  standardised  as  laid  down  in  Community  or  national
regulations.  In  the  absence  of  regulations  for  this  kind  of  plants,  the  real  oxygen  content  in  the
exhaust  gas  without  being  thinned  by  addition  of  air  unnecessary  for  the  process  must  be  used.
The  standardisation  at  the  other  conditions  is  given  in  this  Directive.

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Cproc:

C:

emission  limit  values  as  laid  down  in  the  tables  of  this  annex  for  certain  industrial  sectors  or  in
case  of  the  absence  of  such  a  table  or  such  values,  emission  limit  values  of  the  relevant
pollutants  and  carbon  monoxide  in  the  flue  gas  of  plants  which  comply  with  the  national  laws,
regulations  and  administrative  provisions  for  such  plants  while  burning  the  normally  auth(cid:220)
orised  fuels  (wastes  excluded).  In  the  absence  of  these  measures  the  emission  limit  values  laid
down  in  the  permit  are  used.  In  the  absence  of  such  permit  values  the  real  mass  concentrations
are  used.

total  emission  limit  values  as  laid  down  in  the  tables  of  this  annex  for  certain  industrial  sectors
and  certain  pollutants  or  in  case  of  the  absence  of  such  a  table  or  such  values  total  emission
limit  values  for  CO  and  the  relevant  pollutants  replacing  the  emission  limit  values  as  laid  down
in  specific  Articles  of  this  Directive.  The  total  oxygen  content  to  replace  the  oxygen  content
for  the  standardisation  is  calculated  on  the  basis  of  the  content  above  respecting  the  partial
volumes.

II.1.(cid:217)Special  provisions  for  cement  kilns

Daily  average  values  (for  continuous  measurements)  sample  periods  and  other  measurement  requirements
as  in  Article  7.  All  values  in  mg/m3  (Dioxins  ng/m3).

The  results  of  the  measurements  made  to  verify  compliance  with  the  emission  limit  values  shall  be  stan(cid:220)
dardised  at  the  following  conditions:  Temperature  273(cid:216)K,  pressure  101,3(cid:216)kPa,  10(cid:216)%  oxygen,  dry  gas,

II.1.1.(cid:217)C(cid:217)-(cid:217)total  emission  limit  values

Pollutants

Total  Dust

HCl

HF

NOX

Cd(cid:216)+(cid:216)Tl

Hg

Sb,  As,  Pb,  Cr,  Co,  Cu,  Mn,
Ni,  V

Dioxins  and  furans

C

30

10

1

800

0,05

0,05

0,5

0,1

II.1.2.(cid:217)C(cid:217)-(cid:217)total  emission  limit  values  for  SO2 (cid:216)and  TOC:

Pollutants

SO2

TOC

C

50

10

Exemptions  may  be  authorised  by  the  competent  authority  in  cases  where  TOC  and  SO2  (cid:216)do  not  result
from  the  incineration  of  waste.

II.1.3.(cid:217)Emission  limit  value  for  CO:

Emission  limit  values  for  CO  can  be  set  by  the  competent  authority.

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II.2.(cid:217)Special  provisions  for  large  combustion  plants

II.2.1.(cid:217)Cproc:

Cproc  for  solid  fuels  expressed  in  mg/Nm3  (O2 (cid:216)content  6(cid:216)%):

Pollutants

50  to  100  MWth

100  to  300  MWth

r 300  MWth

SO2
general  case

850

850  to  200
(linear  decrease  from
100  bis  300  MWth)

200

indigenous  fuels

or  rate  of
desulphurisation  8 90(cid:216)%

or  rate  of
desulphurisation  8 92(cid:216)%

or  rate  of
desulphurisation  8 95(cid:216)%

NOX

Dust

400

50

300

30

200

30

Cproc  for  biomass  (as  defined  in  Council  Directive  88/609/EEC  as  amended)  expressed  in  mg/Nm3
(O2 (cid:216)content  6(cid:216)%):

Pollutants

50  to  100  MWth

100  to  300  MWth

r 300  MWth

SO2

NOX

Dust

200

350

50

200

300

30

200

300

30

Cproc  for  liquid  fuels  expressed  in  mg/Nm3  (O2 (cid:216)content  3(cid:216)%):

Pollutants

50  to  100  MWth

100  to  300  MWth

r 300  MWth

SO2

NOX

Dust

850

400

50

850  to  200
(linear  decrease  from
100  to  300  MWth)

300

30

200

200

30

II.2.2.(cid:217)C(cid:217)-(cid:217)total  emission  limit  values:

C  expressed  in  mg/Nm3  (O2 (cid:216)content  6(cid:216)%).  All  average  values  over  the  sample  period  of  a  minimum  of
30(cid:217)minutes  and  a  maximum  of  8  hours:

Pollutants

Cd(cid:216)+(cid:216)Tl

Hg

Sb  +  As  +  Pb  +  Cr  +  Co  +
Cu  +  Mn  +  Ni  +  V

C

0,05

0,05

0,5(cid:217)

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C  expressed  in  ng/Nm3  (O2  (cid:216)content  6(cid:216)%).  All  average  values  measured  over  the  sample  period  of  a
minimum  of  6  hours  and  a  maximum  of  8  hours:

Pollutants

Dioxins  and  furans

C

0,1

II.3.(cid:217)Special  provisions  for  other  industrial  sectors

II.3.1.(cid:217)C(cid:217)-(cid:217)total  emission  limit  values:

C  expressed  in  ng/Nm3.  All  average  values  measured  over  the  sample  period  of  a  minimum  of  6  hours  and
a  maximum  of  8  hours:

Pollutants

Dioxins  and  furans

C

0,1

C  expressed  in  mg/Nm3.  All  average  values  over  the  sample  period  of  a  minimum  of  30  minutes  and  a
maximum  of  8  hours:

Pollutants

Cd(cid:216)+(cid:216)Tl

Hg

C

0,05

0,05

ANNEX  III

Measurement  Techniques

1.(cid:217)Sampling  and  analysis  of  all  pollutants  including  dioxins  and  furans  as  well  as  reference  measurement
methods  to  calibrate  automated  measurement  systems  shall  be  carried  out  as  given  by  CEN(cid:220)standards
elaborated  on  the  basis  of  mandates  by  the  Commission.  While  awaiting  the  elaboration  of  the
CEN(cid:220)standards,  national  standards  shall  apply.

2.(cid:217)At  the  daily  emission  limit  value  level,  the  values  of  the  95(cid:216)%  confidence  intervals  of  a  single  measured

result  shall  not  exceed  the  following  percentages  of  the  emission  limit  values:

Carbon  monoxide:  10(cid:216)%

Sulphur  dioxide:  20(cid:216)%

Nitrogen  dioxide:  20(cid:216)%

Total  dust:  40(cid:216)%

Total  organic  carbon:  30(cid:216)%

Hydrogen  chloride:  40(cid:216)%

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ANNEX  IV

Emission  Limit  Values  for  discharges  of  waste  water  from  the  cleaning  of  exhaust  gases

Polluting  substances

Emission  limit  values  expressed
in  mass  concentrations

1(cid:217)-(cid:217)Total  suspended  solids  as  defined  by  Directive  91/271/EEC(cid:216)(˛)

2(cid:217)-(cid:217)Mercury  and  its  compounds,  expressed  as  mercury  (Hg)

3(cid:217)-(cid:217)Cadmium  and  its  compounds  expressed  as  cadmium  (Cd)

4(cid:217)-(cid:217)Thallium  and  its  compounds,  expressed  as  thallium  (Tl)

5(cid:217)-(cid:217)Antimony  and  its  compounds,  expressed  as  antimony  (Sb)

6(cid:217)-(cid:217)Arsenic  and  its  compounds,  expressed  as  arsenic  (As)

7(cid:217)-(cid:217)Lead  and  its  compounds,  expressed  as  lead  (Pb)

8(cid:217)-(cid:217)Chromium  and  its  compounds,  expressed  as  chromium  (Cr)

9(cid:217)-(cid:217)Cobalt  and  its  compounds,  expressed  as  cobalt  (Co)

10(cid:217)-(cid:217)Copper  and  its  compounds,  expressed  as  copper  (Cu)

11(cid:217)-(cid:217)Manganese  and  its  compounds,  expressed  as  manganese  (Mn)

12(cid:217)-(cid:217)Nickel  and  its  compounds,  expressed  as  nickel  (Ni)

13(cid:217)-(cid:217)Vanadium  and  its  compounds,  expressed  as  vanadium  (V)

20  mg/l

0,02  mg/l

0,05  mg/l

5  mg/l

14(cid:217)-(cid:217)Dioxins  and  furans,  defined  as  the  sum  of  the  individual  dioxins

and  furans  evaluated  in  accordance  with  Annex  I

0,5  ng/l

(˛)(cid:217)OJ  L  135,  30.5.1991,  p.  40.

ANNEX  V

Air  Emission  limit  values

(a)(cid:217)Daily  Average  Values

Total  dust

Gaseous  and  vaporous  organic  substances,  expressed  as  total  organic
carbon

Hydrogen  chloride  (HCl)

Hydrogen  fluoride  (HF)

Sulphur  dioxide  (SO2)

Nitrogen  monoxide  (NO)  and  nitrogen  dioxide  (NO2),  expressed  as
nitrogen  dioxide  for  existing 
incineration  plants  with  a  capacity
exceeding  3  tonnes  per  hour  or  new  incineration  plants

Nitrogen  monoxide  (NO)  and  nitrogen  dioxide  (NO2),  expressed  as
nitrogen  dioxide  for  existing  incineration  plants  with  a  capacity  of
3  tonnes  per  hour  or  less

10  mg/m3

10  mg/m3

10  mg/m3

1  mg/m3

50  mg/m3

200  mg/m3

400  mg/m3

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(b) Half(cid:220)hourly  Average  Values

Total  dust

Gaseous  and  vaporous  organic  substances,  expressed  as  total  organic
carbon

Hydrogen  chloride  (HCl)

Hydrogen  fluoride  (HF)

Sulphur  dioxide  (SO2)

Nitrogen  monoxide  (NO)  and  nitrogen  dioxide  (NO2),  expressed  as
nitrogen  dioxide  for  existing 
incineration  plants  with  a  capacity
exceeding  3  tonnes  per  hour  or  new  incineration  plants

30  mg/m3

20  mg/m3

60  mg/m3

4  mg/m3

200  mg/m3

400  mg/m3

(c) All  average  values  over  the  sample  period  of  a  minimum  of  30  minutes  and  a  maximum  of  8  hours

Cadmium  and  its  compounds,  expressed  as  cadmium  (Cd)

Thallium  and  its  compounds,  expressed  as  thallium  (Tl)

total  0,05  mg/m3

Mercury  and  its  compounds,  expressed  as  mercury  (Hg)

0,05  mg/m3

Antimony  and  its  compounds,  expressed  as  antimony  (Sb)

Arsenic  and  its  compounds,  expressed  as  arsenic  (As)

Lead  and  its  compounds,  expressed  as  lead  (Pb)

Chromium  and  its  compounds,  expressed  as  chromium  (Cr)

Cobalt  and  its  compounds,  expressed  as  cobalt  (Co)

total  0,5  mg/m3

Copper  and  its  compounds,  expresed  as  copper  (Cu)

Manganese  and  its  compounds,  expressed  as  manganese  (Mn)

Nickel  and  its  compounds,  expressed  as  nickel  (Ni)

Vanadium  and  its  compounds,  expressed  as  vanadium  (V)

These  average  values  cover  also  gaseous  and  the  vapour  forms  of  the  relevant  heavy  metal  emissions  as
well  as  their  compounds.

(d) Average  values  shall  be  measured  over  a  sample  period  of  a  minimum  of  6  hours  and  a  maximum  of
8  hours.  The  emission  limit  value  refers  to  the  total  concentration  of  dioxins  and  furans  calculated
using  the  concept  of  toxic  equivalence  in  accordance  with  Annex  I.

Dioxins  and  furans

0,1  ng/m3

(e) The  following  emission  limit  values  of  carbon  monoxide  (CO)  concentrations  shall  not  be  exceeded  in

the  combustion  gases  (excluding  the  start(cid:220)up  and  shut(cid:220)down  phase):

-(cid:217)50  milligrams/m3  of  combustion  gas  determined  as  daily  average  value;

-(cid:217)150  milligrams/m3  of  combustion  gas  of  at  least  95(cid:216)%  of  all  measurements  determined  as  10(cid:220)minute
average  values  or  100  mg/m3  of  combustion  gas  of  all  measurements  determined  as  half(cid:220)hourly
average  values  taken  in  any  24(cid:220)hour  period.

Exemptions  may  be  authorised  by  the  competent  authority  for  incineration  plants  using  fluidised  bed
technology,  provided  that  the  authorisation  foresees  an  emission  limit  value  for  carbon  monoxide  (CO)
of  not  more  than  100  mg/m3  as  a  hourly  average  value.