Amended proposal for a European Parliament and Council Directive on the incineration of waste
Date: 1999-07-12
Institutions: European Commission
Subjects: air quality, dangerous substance, prevention of pollution, waste incineration, waste management

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II

(Preparatory Acts)

COMMISSION

Amended proposal for a European Parliament and Council Directive on the incineration of
waste (1)

(2000/C 150 E/01)

(Text with EEA relevance)

COM(1999) 330 final (cid:151) 98/0289(COD)

(Submitted by the Commission in accordance with Article 250(2) of the EC Treaty on 13 July 1999)

(1) OJ C 372, 2.12.1998.

INITIAL PROPOSAL

AMENDED PROPOSAL

THE COUNCIL OF THE EUROPEAN UNION,

THE EUROPEAN PARLIAMENT AND 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 Treaty establishing the European
Community, and in particular Article 175(1) thereof,

Having regard to the proposal from the Commission,

Unchanged

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

Having regard to the Opinion of
Regions,

the Committee of

the

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

the Treaty,

Acting in accordance with the procedure laid down in Article
251 of the Treaty,

Unchanged

the
fifth Environment Action Programme:
(1) Whereas
Towards
sustainability (cid:151) A European Community
programme of policy and action in relation to the
environment and sustainable development (1) sets as an
objective (cid:145)no exceedance ever of critical loads and levels(cid:146)
(NOx),
of certain pollutants
sulphur dioxide (SO2), heavy metals and dioxins while
in terms of air quality the objective is that (cid:145)all people
should be effectively protected against recognised health
risks from Air Pollution(cid:146); whereas that Programme further
sets as an objective a (cid:145)90 % reduction of dioxin emissions
of identified sources by 2005 (1985 level)(cid:146) and (cid:145)at least
70 % reduction from all pathways of cadmium (Cd),
mercury (Hg) and lead (Pb) emissions in 1995(cid:146);

such as nitrogen oxides

___________
(1) OJ C 138, 17.5.1993, p. 5.

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INITIAL PROPOSAL

AMENDED PROPOSAL

Economic Commission for

(2) Whereas the Protocol on persistent organic pollutants
signed by the Community within the framework of the
Europe
United Nations
(UN-ECE) Convention on long-range transboundary air
pollution sets
the
and furans of 0,1 ng/m3 TE
emission of dioxins
(Toxicity Equivalents) for installations burning more than
3 tonnes per hour of municipal solid waste, 0,5 ng/m3 TE
for installations 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;

legally binding limit values

for

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

incineration and 0,08 mg/m3

(4) Whereas

Council

89/369/EEC (1)

and
Directives
89/429/EEC (2) on the prevention and reduction of air
pollution from municipal waste
incineration plants
contributed to the reduction and control of atmospheric
from incineration plants; whereas more
emissions
stringent
adopted and those
rules
Directives should accordingly be repealed;

should now be

(4a) Whereas Council Directive 94/67/EC on the incineration
of hazardous waste also contributed to the reduction and
control of atmospheric
from incineration
plants; whereas harmonised standards and a single text
improve legal clarity and enforce-
on incineration will
ability;

emissions

(4b) Whereas the substance and structure of Council Directive
94/67/EC are fully taken into account in this Directive;

(4c) Whereas the approach provided for in Annex II will
ensure that similar standards apply to incineration and
co-incineration;

(4d) Whereas the introduction of emission limit values for the
discharge of waste water from the cleaning of exhaust
gases from incineration and co-incineration plants will
prevent a transfer of pollutants from the air into water;

___________
(1) OJ L 163, 14.6.1989, p. 32.
(2) OJ L 203, 15.7.1989, p. 50.

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INITIAL PROPOSAL

AMENDED PROPOSAL

(5) Whereas, in accordance with the principle of subsidiarity
and the principle of proportionality as set out in Article
3b of the Treaty, the objective of reducing emissions from
incineration and co-incineration plants cannot be achieved
effectively by Member States acting individually; whereas
unconcerted 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 to
take action at the level of the Community; whereas this
Directive confines itself
to minimum requirements for
incineration and co-incineration plants;

(5) Whereas, in accordance with the principle of subsidiarity
and the principle of proportionality as set out in Article 5
of the Treaty, the objective of reducing emissions from
incineration and co-incineration plants cannot be achieved
effectively by Member States acting individually; whereas
unconcerted 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 to
take action at the level of the Community; whereas this
Directive confines itself
to minimum requirements for
incineration and co-incineration plants;

the

importance

of Community

(6) Whereas Council Resolution 97/C 76/01 of 24 February
1997 (1) on a Community strategy for waste management
underlines
criteria
concerning the use of waste, the need for appropriate
emission standards to apply to incineration facilities, the
need for monitoring measures to be envisaged for existing
incineration plants, and the need for the Commission to
consider amending Community legislation in relation to
the incineration of waste with energy recovery in order to
avoid large-scale movements of waste in the Community;

Unchanged

review of

(6a) Whereas the Communication from the Commission on
the
the Community Strategy for Waste
Management (COM(96) 399 final) assigns prevention of
waste the first priority, followed by reuse and recovery
and finally by safe disposal of waste; Whereas,
in its
Resolution of 24 February 1997 on a Community
Strategy for waste management (OJ C 76 of 11.3.1997,
p. 1),
the Council reiterated its conviction that waste
prevention should be the first priority of any rational
waste policy in relation to minimising waste production
and the hazardous properties of waste;

(6b) Whereas

the

between

hazardous

distinction

in emissions; whereas

and
is based principally on the
non-hazardous waste
properties of waste prior to incineration but not on
differences
there should be a
single directive for the incineration of hazardous and
non-hazardous waste; whereas
the same limit values
should apply to the incineration of hazardous and
non-hazardous waste but different monitoring measures
upon reception of waste should be retained;

recovery and therefore the same strict

(7) Whereas the rules of the Internal Market apply for wastes
for
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;

Unchanged

___________
(1) OJ C 76, 11.3.1997, p. 1.

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INITIAL PROPOSAL

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(8) Whereas Council Directive 96/61/EC of 24 September
1996 (1) sets out an integrated approach to pollution
in which all the aspects of an
prevention and control
installation’s environmental performance are considered
in an integrated manner; whereas installations for the
incineration
capacity
of municipal waste with
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;

a

(9) Whereas

this Directive

values
sets
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;

emission limit

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

(11) Whereas industrial experience in the implementation of
techniques for the reduction of polluting emissions from
incineration plants has been acquired over a period of ten
years;

(12) Whereas Article 4 of Council Directive 75/442/EEC of 15
July 1975 on waste (2), as last amended by Commission
Decision 96/350/EC (3), requires Member States to take
the necessary measures
is
recovered or 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;

that waste

to ensure

(13) Whereas the purpose of

the incineration plants estab-
lished and operated in accordance with this Directive is
to reduce the pollution-related risks of waste through a
process of
to
the waste and to
reduce the quantity and volume of
produce residues that can be recycled or disposed of
safely;

treatment, especially oxidation,

thermal

(14) Whereas Article 129 of the Treaty requires that human
health requirements should form a constituent part of
other Community policies; whereas, further, Article 130r
provides that Community policy on the environment is to
contribute to protecting human health;

(14) Whereas Article 152 of the Treaty requires that human
health requirements should form a constituent part of
other Community policies; whereas, further, Article 174
provides that Community policy on the environment is to
contribute to protecting human health;

___________
(1) OJ L 257, 10.10.1996, p. 26.
(2) OJ L 194, 25.7.1975, p. 39.
(3) OJ L 135, 6.6.1996, p. 32.

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INITIAL PROPOSAL

AMENDED PROPOSAL

(15) Whereas,

therefore,

and maintaining

a high level of

environmental
protection and human health protection requires the
operating
setting
conditions and emission limit values for waste incin-
eration 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;

appropriate

of

Unchanged

(15a) Whereas the precautionary principle provides the basis

for going beyond quality-based measures;

(16) Whereas high-standard measurement
required to monitor emissions
with the emission limit values for the pollutants;

are
techniques
to ensure compliance

Unchanged

(17) Whereas integrated protection of the environment against
emissions resulting from the thermal 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;

(18) Whereas provisions should be laid down for cases where
the emission limit values are exceeded as well as for
technically
or
failures of the purification devices;

disturbances

unavoidable

stoppages,

(19) Whereas

the co-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-incineration and should therefore be subject to appro-
priate limitations;

(20) 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:

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Objectives

Unchanged

in particular

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,
soil,
to
surfacewater and groundwater, and the resulting risks
human health, from the incineration and co-incineration of
waste and, to that end, to set up and maintain appropriate
operating conditions and emission limit values for waste incin-
eration and co-incineration plants within the Community.

the pollution of

air,

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INITIAL PROPOSAL

AMENDED PROPOSAL

Article 2

Scope

This Directive covers incineration and co-incineration

1.
plants.

The following plants shall however be excluded from the

2.
scope of this Directive:

(a) Plants only treating the following wastes:

(i) waste falling within the scope of Council Directive

94/67/EC,

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

those

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

those

(iii) waste

excluded

of Directive
75/442/EEC pursuant to Article 2(1) of that Directive,

from the

scope

(ii) waste

excluded

of Directive
75/442/EEC pursuant to Article 2(1) of that Directive,

from the

scope

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

(iii) waste resulting from the exploration for and the
exploitation of oil and gas resources from off-shore
installations and incinerated on board;

(b) Plants which treat

less

than 10 tonnes per year of

Unchanged

non-municipal waste only.

Article 3

Definitions

For the purposes of this Directive:

1.

(cid:145)waste(cid:146) means any solid or liquid waste as defined in
Article 1(a) of Directive 75/442/EEC;

1. (a)

(cid:145)hazardous waste(cid:146) means any solid or liquid waste as
defined in Article 1(4) of Council Directive 91/689/EEC
of 12 December 1991 on hazardous waste.

2. (cid:145)incineration plant(cid:146) means

any stationary or mobile
technical unit and equipment dedicated to the 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;

Unchanged

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INITIAL PROPOSAL

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the site and the entire plant
This definition covers
incineration lines, waste reception, storage,
including all
fuel- and
facilities;
on site pre-treatment
air-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,
incineration
conditions;

and monitoring

its waste-,

recording

3.

(cid:145)co-incineration plant(cid:146) 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

3.

(cid:145)co-incineration plant(cid:146) means any stationary or mobile
plant whose main purpose is the generation of energy or
production of material products and which thermally treats
wastes with the exception of treatments dedicated to the
recovery of the metal content of the waste and to the
cleaning of tools.

the site and the entire plant
This definition covers
incineration lines, waste reception, storage,
including all
on site pre-treatment
fuel- and
facilities;
air-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,
incineration
conditions;

and monitoring

its waste-,

recording

Unchanged

4.

5.

(cid:145)existing incineration or co-incineration plant(cid:146) 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
the date
specified in Article 21;

than one year after

(cid:145)emission(cid:146) means
release of
substances, vibrations, heat or noise from individual or
diffuse sources in the plant into the air, water or soil;

the direct or

indirect

6.

(cid:145)emission limit values(cid:146) 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;

7.

(cid:145)dioxins and furans(cid:146) means all polychlorinated dibenzo-
p-dioxins and dibenzofurans listed in Annex I;

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INITIAL PROPOSAL

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8.

9.

10.

(cid:145)operator(cid:146) means any natural or legal person who operates
or controls the plant or, where this is provided for in
to whom decisive economic power
national
over
the plant has been
functioning of
delegated;

legislation,
the technical

(cid:145)permit(cid:146) means
such
decisions) granting authorisation to operate all or part of
a plant;

a written decision (or

several

from gas

treatment;

fly ash and boiler dust;

(including
(cid:145)residue(cid:146) means any liquid or solid material
solid
bottom ash and slag;
reaction products
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 incin-
eration or co-incineration process,
the exhaust gas or
waste water treatment or other processes within the incin-
eration or co-incineration plant.

Article 4

Application and Permit

No incineration or co-incineration plant shall operate

1.
without a permit.

2. Without prejudice to Directive 96/61/EC, the application
for a permit by an incineration or co-incineration plant to the
competent authority shall include a description of the measures
which are envisaged to guarantee that:

(a) 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;

(d) the disposal of the residues which cannot be prevented,
in conformity

reduced or recycled will be carried out
with national and Community legislation.

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

The permit granted by the competent authority to an

4.
incineration or co-incineration plant shall:

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

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(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.

The permit granted by the competent authority to an
4a.
incineration or co-incineration plant using hazardous waste
shall in addition to paragraph 4 above:

(a) list the quantities of the different categories of hazardous

waste which may be treated;

(b) specify the minimum and maximum mass flows of those
hazardous wastes,
lowest and maximum calorific
values and their maximum contents of pollutants, e.g.
PCB, PCP, chlorine, fluorine, sulphur, heavy metals.

their

The procedure for granting permits for mobile plants

5.
shall be determined by Member States.

Unchanged

Article 5

Delivery and Reception of Waste

The operator of the incineration or co-incineration plant shall
take all necessary precautions concerning the delivery and
reception of waste in order to prevent or, where not prac-
ticable, to reduce as far as possible negative effects to the
soil,
environment,
surfacewater and groundwater as well as odours and noise,
and direct risks to human health.

the pollution of

in particular

air,

1.
The operator of the incineration or co-incineration plant
shall take all necessary precautions concerning the delivery and
reception of waste in order to prevent negative effects to the
environment,
soil,
surfacewater and groundwater as well as odours and noise,
and direct risks to human health.

the pollution of

in particular

air,

The operator shall determine the mass of each category of the
waste, according to the EWC-catalogue, prior to accepting the
waste at the incineration or co-incineration plant.

The operator shall determine the mass of each category
2.
of
to
the waste, according to the EWC-catalogue, prior
accepting the waste at the incineration or co-incineration plant.

Prior to accepting hazardous waste at the incineration or
shall have available a

3.
co-incineration plant,
description of the waste covering:

the operator

(cid:151) the physical, and as

far as practicable,

composition of the waste and all
to evaluate its suitability for
process,

the chemical
information necessary
the intended incineration

(cid:151) the hazard characteristics of the waste, the substances with
which it cannot be mixed, and the precautions to be taken
in handling the waste.

Prior to accepting hazardous waste at the incineration or
reception

4.
co-incineration plant,
procedures shall be carried out by the operator:

following

least

the

at

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(cid:151) the checking of

those documents required by Directive
91/689/EEC and, where applicable,
those required by
Council Regulation (EEC) No 259/93 of 1 February 1993
on the supervision and control of shipments of waste
within, into and out of the European Community and by
dangerous goods transport regulations,

(cid:151) the taking of representative samples, unless inappropriate,
as far as possible before unloading, to verify conformity
with the description provided for
in paragraph 3 by
carrying out controls and to enable the competent auth-
orities to identify the nature of the wastes treated. These
samples shall be kept for at least one month after the
incineration.

The competent authorities may grant exemptions for industrial
plants and undertakings incinerating or co-incinerating only
their own waste at
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.

the place of production of

5.
The competent authorities may grant exemptions from
paragraphs 2, 3 and 4 for industrial plants and undertakings
incinerating or co-incinerating only their own waste at the
the same
place of production of
level of protection is met and that the values are not needed
for the calculations pursuant to Annex II.

the waste provided that

Article 6

Operating Conditions

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

1.
Incineration plants shall be operated in order to achieve a
level of incineration such that the Total Organic Carbon (TOC)
of the slag and bottom ashes is less than 3 % or their loss on
ignition is less than 5 % of the dry weight of the material. If
necessary appropriate techniques of waste pre-treatment shall
be used.

All incineration plants shall be designed, equipped, built and
operated in such a way that the gas resulting from the process
in a
is raised, after the last
the
controlled and homogeneous fashion and even under
most unfavourable conditions,
least
to a temperature of at
850 (cid:176)C, as measured near the inner wall of the combustion
chamber, for at least two seconds.

injection of combustion air,

the last

injection of combustion air,

All incineration plants shall be designed, equipped, built and
operated in such a way that the gas resulting from the process
in a
is raised, after
the
controlled and homogeneous fashion and even under
most unfavourable conditions,
least
to a temperature of at
850 (cid:176)C, as measured near the inner wall of the combustion
chamber, for at least two seconds. If hazardous wastes with a
content of more than 1 % of halogenated organic substances,
expressed as chlorine, are incinerated, the temperature has to
be raised to at least 1 100 (cid:176)C.

All incineration plants shall be equipped with auxiliary burners.
These burners must be switched on automatically when the
temperature of the combustion gases after the last injection
of combustion air falls below 850 (cid:176)C. They shall also be used
during plant start-up and shut-down operations in order to
ensure that the temperature of 850 (cid:176)C is maintained at all
times during these operations and as long as unburned waste
is in the combustion chamber.

All incineration plants shall be equipped with auxiliary burners.
These burners must be switched on automatically when the
temperature of the combustion gases after the last injection
of combustion air falls below 850 (cid:176)C or 1 100 (cid:176)C respectively.
They shall also be used during plant start-up and shut-down
operations in order to ensure that the temperature of 850 (cid:176)C or
1 100 (cid:176)C respectively is maintained at all times during these
operations and as long as unburned waste is in the combustion
chamber.

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During start-up and shut-down or when the temperature of
the combustion gas falls below 850 (cid:176)C, the auxiliary burners
shall not be fed with fuels which can cause higher emissions
than those resulting from the burning of gasoil, as defined in
Article 1(1) of Council Directive 75/716/EEC, liquefied gas or
natural gas.

During start-up and shut-down or when the temperature of the
combustion gas falls below 850 (cid:176)C or 1 100 (cid:176)C respectively, the
auxiliary burners shall not be fed with fuels which can cause
higher emissions than those resulting from the burning of
gasoil,
as defined in Article 1(1) of Council Directive
75/716/EEC, liquefied gas or natural gas.

All co-incineration plants shall be designed, equipped,
2.
built and operated in such a way that the gas resulting from
the co-incineration of waste is raised in a controlled and homo-
geneous
the most unfavourable
conditions, to a temperature of at least 850 (cid:176)C for at least
two seconds.

fashion and even under

Unchanged

Incineration and co-incineration plants shall have and

3.
operate an automatic system to prevent waste feed:

(a) at start-up, until

the temperature of 850 (cid:176)C has been

reached;

(b) whenever the temperature of 850 (cid:176)C is not maintained;

(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.

4.
Conditions different from those laid down in 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.

All operating conditions determined under this paragraph and
the results of verifications made shall be communicated to the
Commission as part of the information provided in accordance
with the reporting requirements.

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INITIAL PROPOSAL

AMENDED PROPOSAL

All

5.
shall be
incineration and co-incineration plants
designed, equipped, built and operated in such a way as to
into the air giving rise to significant
prevent emissions
ground-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 incineration or co-incineration
process shall be recovered as far as possible.

Article 7

Air Emission Limit Values

1.
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:

2.
Co-incineration plants shall be designed, equipped, built
and operated in such a way that the emission limit values
determined according to or set out
in Annex II are not
exceeded in the exhaust gas.

The

results of

2.
to verify
compliance with the emission limit values shall be standardised
with respect to the conditions laid down in Article 11.

the measurements made

The

results of

3.
to verify
compliance with the emission limit values shall be standardised
with respect to the conditions laid down in Article 11.

the measurements made

3. Where wastes are co-incinerated,
values as determined pursuant to Annex II shall apply.

the emission limit

Deleted

In the case of co-incineration of untreated, mixed

4.
municipal waste, paragraph 3 shall not apply.

Unchanged

5.
If waste falling within the scope of Directive 94/67/EC is
co-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 total amount of waste. As regards
other requirements, the stricter of the provisions of Directive
94/67/EC or this Directive shall apply.

Deleted

6.
Notwithstanding paragraphs 3 and 5, if more than 40 %
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

Unchanged

Any waste water discharged from an incineration or

1.
co-incineration plant shall be subject to a permit.

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INITIAL PROPOSAL

AMENDED PROPOSAL

2.
Discharges to the aquatic environment of waste water
resulting from the cleaning of exhaust gases shall be limited
as far as possible.

3.
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) the requirements of relevant Community, national and local
provisions are complied with in the form of emission limit
values; and

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

4.
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-incineration plant.

Where the waste water from the cleaning of exhaust gases is
treated collectively with other on-site sources of similar waste
water, the operator shall take the measurements referred to in
Article 11:

(a) on the waste water stream from the exhaust gas cleaning
processes prior to its input into the collective waste water
treatment plant;

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

(c) at

the point of

final waste water discharge, after

the

treatment, from the incineration plant.

The operator shall take appropriate mass balance calculations
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.

The competent authorities

5.
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.

shall ensure that

6.

The permit shall:

(a) 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);

(b) set operational control parameters at least for temperature

and flow.

C 150 E/14

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Official Journal of the European Communities

30.5.2000

INITIAL PROPOSAL

AMENDED PROPOSAL

Incineration and co-incineration plant sites,

7.
including
associated storage areas for wastes, shall be designed and
the release of any
operated in such a way as to prevent
polluting substances into soil and groundwater in accordance
with the provisions of Council Directive 80/68/EEC (1).
Moreover, storage capacity shall be provided for rainwater
run-off from the incineration plant site or for contaminated
water arising from spillage or fire-fighting operations.

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

Article 9

Residues

Residues resulting from the operation of the incineration or
co-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 legislation 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.

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 such a way as to prevent
dispersal in the environment, for example in closed containers.

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

Unchanged

Article 10

Control and Monitoring

Measurement equipment shall be installed and techniques used
in order to monitor the parameters, conditions, mass concen-
trations and flows of the pollutants relevant to the incineration
or co-incineration process.

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

___________
(1) OJ L 20, 26.1.1980, p. 43.

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C 150 E/15

INITIAL PROPOSAL

AMENDED PROPOSAL

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

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

Article 11

Measurement Requirements

1. 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.
The following measurements of air pollutants shall be
carried out in accordance with Annex III at the incineration
and co-incineration plant:

(a) continuous measurements of the following substances: CO,

total dust, TOC, HCl, HF, SO2, NOx;

(b) continuous measurements

following process
operation parameters: temperature near the inner wall of
of oxygen,
the
pressure,
the
exhaust gas;

temperature and water vapour content of

concentration

combustion

chamber,

the

of

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

(c) at least two measurements per year of heavy metals, dioxins
and furans; one measurement every three months shall
however be carried out
the first 12 months of
for
operation. If more than one type of routine operation is
allowed in the permit, than the most unfavourable routine
operating conditions must be adequately represented during
the periodic measurements. Within the permitted range,
raw materials and fuels must be selected in such a way
that measurements
case
conditions.

are performed under worst

3.
The residence time as well as 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-incineration plant is brought into service and under the
most unfavourable operating conditions anticipated.

Unchanged

The continuous measurement of HF may be omitted if
the
is not being exceeded. In this
to periodic

4.
treatment stages for HCl are used which ensure that
emission limit value for HCl
case the emissions of HF shall be subject
measurements as laid down in paragraph 2(c).

C 150 E/16

EN

Official Journal of the European Communities

30.5.2000

INITIAL PROPOSAL

AMENDED PROPOSAL

The continuous measurement of

5.
the water vapour
content shall not be required if the sampled exhaust gas is
dried before the emissions are analysed.

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

the operator can prove that

if

The

results of

7.
to verify
compliance with the emission limit values shall be standardised
at the following conditions:

the measurements made

(a) Temperature 273 K, pressure 101,3 kPa, 11 % oxygen, dry

gas;

(b) Temperature 273 K, pressure 101,3 kPa, 3 %, oxygen, dry
gas, in case of incineration of waste oil only as defined in
Council Directive 75/439/EEC (1);

(c) when the wastes are incinerated or co-incinerated in an
the
oxygen-enriched
measurements can be standardised at an oxygen content
laid down by the competent authority reflecting the
special circumstances of the individual case;

atmosphere,

results

the

of

(d) in the

case of

co-incineration,

the
shall be standardised at a total oxygen

results of

the

measurements
content as calculated in Annex II.

When the emissions of pollutants are reduced by exhaust gas
treatment in an incineration or co-incineration plant treating
hazardous waste,
to the
oxygen contents provided for in the first subparagraph shall
be done only if the oxygen content measured over the same
period as for the pollutant concerned exceeds the relevant
standard oxygen content.

the standardisation with respect

Unchanged

(a) 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) or set out or determined according to
Annex II;

All measurement results shall be recorded, processed and
8.
presented in an appropriate fashion in order to enable the
competent
the
permitted operating conditions and emission limit values laid
down in this Directive in accordance with procedures to be
decided upon by those authorities.

compliance with

authorities

verify

to

The emission limit values for air shall be regarded as

9.
being complied with if:

(a) 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);

___________
(1) OJ 194, 25.7.1975, p. 23.

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INITIAL PROPOSAL

AMENDED PROPOSAL

(b) none of the half-hourly average values exceeds any of the

emission limit values set out in Annex V(b);

(b) none of the half-hourly average values exceeds any of the
emission limit values set out in Annex V(b) or determined
according to Annex II;

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

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

(d) the provisions of Annex V(e),

the
10-minute average values or half-hourly values for CO
determined according to Annex II, are met.

second indent or

Unchanged

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

10.
The half-hourly average values and the 10-minute
averages shall be determined within the effective operating
time (excluding the start-up and shut-off periods if no waste
is being incinerated) from the 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.

To obtain a valid daily average value no more than five half-
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
the
continuous measurement system.

to malfunction or maintenance of

11.
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.

Should the measurements taken show that the emission
12.
limit values laid down in this Directive have been exceeded, the
competent authorities shall be informed without delay.

The Commission,

13.
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.

The following measurements shall be carried out at the

14.
point of waste water discharge

(a) continuous measurements of the parameters referred to in

Article 8(6)(b);

C 150 E/18

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Official Journal of the European Communities

30.5.2000

INITIAL PROPOSAL

AMENDED PROPOSAL

(b) instantaneous daily measurements of total suspended solids;

(c) monthly measurements of

representative 24-hour
sampling of the polluting substances referred to in Article
8(3) with items 2 to 13 in Annex IV;

a

(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.
The measurements for the determination of concen-
trations of water polluting substances in the discharge shall
be carried out representatively.

16.
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 standards and, if not available,
to national standards.

The emission limit values for water shall be regarded as

17.
being complied with if:

(a) no representative 24-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-yearly measurements of dioxins and furans do not
in Annex IV,

exceed the emission limit value set out
polluting substance number 14.

Article 12

Access to Information and Public Participation in the
Permit Procedure

Without prejudice to Council Directive 90/313/EEC (1) and
Directive 96/61/EC, applications for new permits shall be
made available to the public for an appropriate period to
enable
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./td>

to comment on them before

the

it

___________
(1) OJ L 158, 23.6.1990, s. 56.

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Official Journal of the European Communities

C 150 E/19

AMENDED PROPOSAL

INITIAL PROPOSAL

Article 13

Abnormal Operating Conditions

The competent authority shall
lay down in the permit the
maximum permissible period of any 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.

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-incineration plant or incineration
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
mg/m3 expressed as a half-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
authority shall periodically reconsider and, where necessary,
update permit conditions.

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 (1). The first report
shall cover
the date
the first
specified in Article 21.

three-year period after

full

___________
(1) OJ L 377, 31.12.1991, p. 48.

C 150 E/20

EN

Official Journal of the European Communities

30.5.2000

INITIAL PROPOSAL

Article 16

Future Adaptation of the Directive

AMENDED PROPOSAL

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.

The Commission, in accordance with the procedure laid down
in Article 17, shall amend Articles 10, 11 and 13 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

1.
For the purposes of the application of this Directive, the
Commission shall be assisted by the Committee established
under Article 16 of Directive 94/67/EC.

1.
For the purposes of the application of this Directive, the
Commission shall be assisted by a Committee composed of the
the Member States and chaired by the
representatives of
representative of the Commission.

The representative of the Commission shall submit to the
2.
committee 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 representative of the Commission shall submit to the
2.
committee 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 205(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
in accordance with the opinion of the Committee.

Unchanged

the measures envisaged are not

If
in accordance with the
opinion of the committee, or if no opinion is delivered, the
to the Council a
Commission shall, without delay, submit
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 and shall be repealed
five years after the entry into force of this Directive.

Directives 89/369/EEC, 89/429/EEC and 94/67/EC shall be
repealed five years after the entry into force of this Directive.

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C 150 E/21

INITIAL PROPOSAL

AMENDED PROPOSAL

Article 19

Penalties

Unchanged

to infringements of

lay down the rules on penalties
The Member States shall
applicable
the national provisions
adopted pursuant to this Directive and shall take all measures
necessary to ensure that they are implemented. The penalties
provided for must be effective, proportionate and dissuasive.
The Member States
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.

shall notify those provisions

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.

1. Without prejudice to the specific transitional provisions
provided for under
the
the Annexes of
provisions of this Directive shall apply to existing plants five
years after the date of entry into force of this Directive.

this Directive,

For new plants, i.e. plants not falling under the definition
2.
this Directive, which incinerate or
of Article 3(4) of
co-incinerate hazardous waste,
instead of
this Directive,
Directive 94/67/EC, shall apply from the date mentioned in
Article 21(1).

Article 21

Bringing into Effect

Unchanged

1. Member States shall bring into force the laws, 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.

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

2. Member States shall communicate to the Commission the
texts of the provisions of national law which they adopt in the
field covered by this Directive.

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.

C 150 E/22

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Official Journal of the European Communities

30.5.2000

ANNEX I

EQUIVALENCE FACTORS FOR DIBENZO-p-DIOXINS 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:151) Tetrachlorodibenzodioxin (TCDD)

(cid:151) Pentachlorodibenzodioxin (PeCDD)

(cid:151) Hexachlorodibenzodioxin (HxCDD)

(cid:151) Hexachlorodibenzodioxin (HxCDD)

(cid:151) Hexachlorodibenzodioxin (HxCDD)

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

(cid:151) 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:151) Octachlorodibenzodioxin (OCDD)

(cid:151) Tetrachlorodibenzofuran (TCDF)

(cid:151) Pentachlorodibenzofuran (PeCDF)

(cid:151) Pentachlorodibenzofuran (PeCDF)

(cid:151) Hexachlorodibenzofuran (HxCDF)

(cid:151) Hexachlorodibenzofuran (HxCDF)

(cid:151) Hexachlorodibenzofuran (HxCDF)

(cid:151) Hexachlorodibenzofuran (HxCDF)

(cid:151) Heptachlorodibenzofuran (HpCDF)

(cid:151) Heptachlorodibenzofuran (HpCDF)

(cid:151) Octachlorodibenzofuran (OCDF)

Toxic
equivalence
factor

1

0,5

0,1

0,1

0,1

0,01

0,001

0,1

0,5

0,05

0,1

0,1

0,1

0,1

0,01

0,01

0,001

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DETERMINATION OF EMISSION LIMIT VALUES FOR THE CO-INCINERATION OF WASTE

ANNEX II

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

Vwaste (cid:2) Cwaste (cid:135) Vproc (cid:2) Cproc
Vwaste (cid:135) Vproc

(cid:136) C

Vwaste:

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.

Initial proposal

Cwaste:

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

Amended proposal

Cwaste:

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

Vproc:

Cproc:

C:

exhaust gas volume resulting from the plant process including the combustion of the authorised 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.

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 authorised 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. 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 standardised at the
following conditions: 273 K, pressure 101,3 kPa, 10 % oxygen, dry gas,

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Official Journal of the European Communities

30.5.2000

Original table

II.1.1. C (cid:151) total emission limit values

Pollutant

Total Dust

HCl

HF

NOx

Cd + Tl

Hg

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

Dioxins and furans

Amended table

II.1.1. C (cid:151) total emission limit values

Pollutant

Total Dust

HCl

HF

NOx

Cd + 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

C

30

10

1

800

0,05

0,05

0,5

0,1

Until 1 January 2007, the emission limit value for NOx does not apply to
plants co-incinerating hazardous waste only.

II.1.2. C (cid:151) total emission limit values for SO2 and TOC:

Pollutant

SO2

TOC

C

50

10

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

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II.1.3. Emission limit value for CO:

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

Initial proposal

II.2. Special provisions for large combustion plants

Amended proposal

II.2. Special provisions for combustion plants

Original table

II.2.1. Cproc:

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

Pollutants

50 to 100 MWth

100 to 300 MWth

> 300 MWth

SO2
general case

850

850 to 200

200

indigenous fuels

or rate of desulphuri-
sation ‡ 90 %

(linear decrease from 100
to 300 MWth)
or rate of desulphuri-
sation ‡ 92 %

or rate of desulphuri-
sation ‡ 95 %

NOx

Dust

400

50

300

30

200

30

Amended table

II.2.1. Cproc:

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

Pollutants

0 to 100 MWth

100 to 300 MWth

> 300 MWth

SO2
general case

850

850 to 200

200

indigenous fuels

or rate of desulphuri-
sation ‡ 90 %

(linear decrease from 100
to 300 MWth)
or rate of desulphuri-
sation ‡ 92 %

or rate of desulphuri-
sation ‡ 95 %

NOx

Dust

400

50

300

30

200

30

Until 1 January 2007 and without prejudice to other Community legislation, the emission limit value for NOx does not
apply to plants co-incinerating hazardous waste only.

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Original table

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

Pollutants

50 to 100 MWth

100 to 300 MWth

> 300 MWth

SO2

NOx

Dust

200

350

50

200

300

30

200

300

30

Amended table

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

Pollutants

0 to 100 MWth

100 to 300 MWth

> 300 MWth

SO2

NOx

Dust

200

350

50

200

300

30

200

300

30

Until 1 January 2007 and without prejudice to other Community legislation, the emission limit value for NOx does not
apply to plants co-incinerating hazardous waste only.

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Original table

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

Pollutants

50 to 100 MWth

100 to 300 MWth

> 300 MWth

SO2

NOx

Dust

850

400

50

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

300

30

200

200

30

Amended table

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

Pollutants

0 to 100 MWth

100 to 300 MWth

> 300 MWth

SO2

NOx

Dust

850

400

50

850 to 200

(linear decrease from 100
to 300 MWth)

300

30

200

200

30

Until 1 January 2007 and without prejudice to other Community legislation, the emission limit value for NOx does not
apply to plants co-incinerating hazardous waste only.

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II.2.2. C (cid:151) total emission limit values:

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

Pollutant

Cd + Tl

Hg

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

C

0,05

0,05

0,5

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

Pollutant

Dioxins and furans

C

0,1

Amended proposal

C for solid fuels expressed in mg/Nm3 (O2 content 6 %),
C for biomass (as defined in Council Directive 88/609/EEC as amended) expressed in mg/Nm3 (O2 content 6 %),
C for liquid fuels expressed in mg/Nm3 (O2 content 3 %):

Pollutant

HCl

HF

C

10

1

II.3. Special provisions for other industrial sectors

II.3.1. C (cid:151) total emission limit values:

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

Pollutant

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:

Pollutant

Cd + Tl

Hg

C

0,05

0,05

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ANNEX III

Measurement Techniques

1. Sampling and analysis of all pollutants inlcuding dioxins and furans as well as reference measurement methods to
calibrate automated measurement systems shall be carried out as given by CEN-standards elaborated on the basis of
mandates by the Commission. While awaiting the elaboration of the CEN-stanards, national standards shall apply.

2. At the daily emission limit value level, the values of the 95 % confidence intervals of a single measured result shall

not exceed the following percentages of the emission limit values:

Carbon monoxide:

Sulphur dioxide:

Nitrogen dioxide:

Total dust:

Total organic carbon:

Hydrogen chloride:

10 %

20 %

20 %

40 %

30 %

40 %

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

ANNEX IV

Polluting substances

Emission limit values expressed in mass
concentrations

1 (cid:151) Total suspended solids as defined by Directive 91/271/EEC (1)

2 (cid:151) Mercury and its compounds, expressed as mercury (Hg)

3 (cid:151) Cadmium and its compounds, expressed as cadmium (Cd)

4 (cid:151) Thallium and its compounds, expressed as thallium (Tl)

5 (cid:151) Antimony and its compounds, expressed as antimony (Sb)

6 (cid:151) Arsenic and its compounds, expressed as arsenic (As)

7 (cid:151) Lead and its compounds, expressed as lead (Pb)

8 (cid:151) Chromium and its compounds, expressed as chromium (Cr)

20 mg/l

0,02 mg/l

0,05 mg/l

9 (cid:151) Cobalt and its compounds, expressed as cobalt (Co)

5 mg/l

10 (cid:151) Copper and its compounds, expressed as copper (Cu)

11 (cid:151) Manganese and its compounds, expressed as manganese (Mn)

12 (cid:151) Nickel and its compounds, expressed as nickel (Ni)

13 (cid:151) Vanadium and its compounds, expressed as vanadium (V)

14 (cid:151) Dioxins and furans, defined as the sum of the individual dioxins and

furans evaluated in accordance with Annex I

0,5 ng/l

(1) OJ L 135, 30.5.1991, p. 40.

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Official Journal of the European Communities

30.5.2000

ANNEX V

Air Emission limit Values

Original table

(a) 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

Amended table

(a) 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

10 mg/m3

10 mg/m3

10 mg/m3

1 mg/m3

50 mg/m3

200 mg/m3

400 mg/m3

Until 1 January 2007, the emission limit value for NOx does not apply to plants incinerating hazardous waste only.

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Original table

(b) Half-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

Amended table

(b) Half-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

30 mg/m3

20 mg/m3

60 mg/m3

4 mg/m3

200 mg/m3

400 mg/m3

Until 1 January 2007, the emission limit value for NOx does not apply to plants incinerating hazardous waste only.

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Original table

(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)

Mercury and its compounds, expressed as mercury (Hg)

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)

total 0,05 mg/m3

0,05 mg/m3

Cobalt and its compounds, expressed as cobalt (Co)

total 0,5 mg/m3

Copper and its compounds, expressed 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.

Amended table

(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)

Mercury and its compounds, expressed as mercury (Hg)

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)

total 0,1 mg/m3 (*)

0,1 mg/m3 (*)

Cobalt and its compounds, expressed as cobalt (Co)

total 1 mg/m3 (*)

Copper and its compounds, expressed 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)

(*) Until 1 January 2007 these average values shall apply to existing plants for which the permit to operate has been granted before

31 December 1996, and which incinerate hazardous waste only.

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

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(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-up and shut-down phase):

(cid:151) 50 milligrams/m3 of combustion gas determined as daily average value;

(cid:151) 150 milligrams/m3 of combustion gas of at least 95 % of all measurements determined as 10-minute average
values or 100 mg/m3 of combustion gas of all measurements determined as half-hourly average values taken in
any 24-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.