Common Position (EC) No 7/2000 of 25 November 1999 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to adopting a Directive of the European Parliament and of the Council on the incineration of waste
Date: 1999-11-25
Institutions: Council of the European Union
Subjects: air quality, combustion gases, environmental monitoring, waste incineration, waste management, wastewater

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COMMON POSITION (EC) No 7/2000

adopted by the Council on 25 November 1999

with a view to adopting Directive 2000/.../EC of the European Parliament and of the Council of ...
on the incineration of waste

(2000/C 25/02)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Having regard to the Treaty establishing the European Com-
munity, and in particular Article 175(1) thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the Economic and Social
Committee (2),

Having regard to the opinion of
Regions (3),

the Committee of

the

Acting in accordance with the procedure laid down in
Article 251 of the Treaty (4),

Whereas:

(1)

the fifth environment action programme: Towards sus-
tainability — A European Community programme of
policy and action in relation to the environment and
supplemented by Decision
sustainable development,
No 2179/98/EC of the European Parliament and of the
Council (5) on its review, sets as an objective that critical
loads and levels of certain pollutants such as nitrogen
oxides (NOx), sulphur dioxide (SO2), heavy metals and
dioxins should not be exceeded, while in terms of air
quality the objective is that all people should be effectively
protected against recognised health risks from air pol-
lution; that programme further sets as an objective a 90 %
reduction of dioxin emissions of identified sources by
2005 (1985 level) and at least 70 % reduction from all
pathways of cadmium (Cd), mercury (Hg) and lead (Pb)
emissions in 1995;

(2)

the Protocol on persistent organic pollutants signed by
the Community within the framework of the United

(1) OJ C 13, 17.1.1998, p. 6 and OJ C 372, 2.12.1998, p. 11.
(2) OJ C 116, 28.4.1999, p. 40.
(3) OJ C 198, 14.7.1999, p. 37.
(4) Opinion of the European Parliament of 14 April 1999 (OJ C 219,
30.7.1999, p. 249), Council common position of 25 November
1999 and Decision of the European Parliament of ... (not yet
published in the Official Journal).

(5) OJ C 138, 17.5.1993, p. 5 and OJ L 275, 10.10.1998, p. 1.

Nations Economic Commission for Europe (UN-ECE)
Convention on long-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 three tonnes per hour
of municipal solid waste, 0,5 ng/m3 TE for installations
burning more than one tonne per hour of medical waste,
and 0,2 ng/m3 TE for installations burning more than
one tonne per hour of hazardous waste;

the protocol on heavy metals signed by the Community
within the framework of the UN-ECE Convention on
long-range transboundary air pollution sets legally bind-
ing limit values for the emission of particulates of
10 mg/m3 for hazardous and medical waste incineration
and for the emission of mercury of 0,05 mg/m3 for
hazardous waste incineration and 0,08 mg/m3
for
municipal waste incineration;

the international agency for research on cancer and the
World Health Organisation indicate that some polycyclic
aromatic hydrocarbons (PAHs) are carcinogenic; there-
fore, Member States may set emission limit values for
PAHs among other pollutants;

in accordance with the principles of subsidiarity and
proportionality as set out in Article 5 of the Treaty, there
is a need to take action at the level of the Community;
the precautionary principle provides the basis for further
measures;
to minimum
requirements for incineration and co-incineration plants;

this Directive confines itself

further, Article 174 provides that Community policy on
the environment is to contribute to protecting human
health;

therefore, a high level of environmental protection and
human health protection requires the setting and main-
taining of stringent operational conditions,
technical
requirements and emission limit values for plants inciner-
ating or co-incinerating waste within the Community; the
limit values set should prevent or, where that is not
practicable, reduce as far as possible negative effects on
the environment and the resulting risks to human health;

(3)

(4)

(5)

(6)

(7)

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(8)

(9)

the Communication from the Commission on the review
of the Community strategy for waste management assigns
prevention of waste the first priority, followed by reuse
and recovery and finally by safe disposal of waste; in its
Resolution of 24 February 1997 on a Community strat-
egy for waste management (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 proper-
ties of waste;

in its Resolution of 24 February 1997,
the Council
also underlines the importance of Community 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 for incineration
or co-incineration in the Community;

(10) it is necessary to set strict rules for all plants incinerating
or co-incinerating waste in order to avoid transboundary
movements to plants operating at lower costs due to less
stringent environmental standards;

(11) the Communication from the Commission — Energy for
the future: renewable sources of energy — White paper
for a Community strategy and action plan takes into
consideration in particular the use of biomass for energy
purposes;

(12) Council Directive 96/61/EC (2) sets out an integrated
approach to pollution prevention and control in which
all the aspects of an installation’s environmental perform-
ance are considered in an integrated manner; installations
for the incineration of municipal waste with a capacity
exceeding three tonnes per hour and installations for the
disposal or recovery of hazardous waste with a capacity
exceeding 10 tonnes per day are included within the
scope of the said Directive;

(13) 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; such compliance may involve
more stringent emissions limit values for the pollutants
envisaged by this Directive, emission limit values for
other substances and other media, and other appropriate
conditions;

(1) OJ C 76, 11.3.1997, p. 1.
(2) OJ L 257, 10.10.1996, p. 26.

(14) 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;

(15) Council Directives 89/369/EEC (3) and 89/429/EEC (4) on
the prevention and reduction of air pollution from
municipal waste incineration plants have contributed to
the reduction and control of atmospheric emissions from
incineration plants; more stringent rules should now be
adopted and those Directives should accordingly be
repealed;

(16) the distinction between hazardous and non-hazardous
waste is based principally on the properties of waste prior
to incineration or co-incineration but not on differences
in emissions; the same emission limit values should apply
to the incineration or co-incineration of hazardous
and non-hazardous waste but different techniques and
conditions of incineration or co-incineration and different
monitoring measures upon reception of waste should be
retained;

(17) Member States should take into account Council Directive
1999/30/EC of 22 April 1999 relating to limit values for
sulphur dioxide, nitrogen dioxide and oxides of nitrogen,
particulate matter and lead in ambient air (5) when
implementing this Directive;

(18) there may be grounds to provide for specified exemptions
to the emission limit values for some pollutants during a
specified time limit and subject to specific conditions;

(19) criteria for certain sorted combustible fraction of non-
hazardous waste not suitable for recycling, should be
developed in order to allow the authorisation of the
reduction of the frequency of periodical measurements;

(20) a single text on the incineration of waste will improve
legal clarity and enforceability; there should be a single
directive for the incineration and co-incineration of
hazardous and non-hazardous waste taking fully into
account the substance and structure of Council Directive
94/67/EC of 16 December 1994 on the incineration of
hazardous waste (6); therefore Directive 94/67/EC should
also be repealed;

(3) OJ L 163, 14.6.1989, p. 32. Directive as last amended by the

Accession Act of 1994.

(4) OJ L 203, 15.7.1989, p. 50. Directive as last amended by the

Accession Act of 1994.
(5) OJ L 163, 29.6.1999, p. 41.
(6) OJ L 365, 31.12.1994, p. 34.

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(21) Article 4 of Council Directive 75/442/EEC of 15 July
1975 on waste (1) requires Member States to take the
necessary measures to ensure that waste is recovered or
disposed of without endangering human health and
without harming the environment; to this end, Articles 9
and 10 of that Directive provide that any plant or
undertaking treating waste must obtain a permit from
to the
the competent authorities relating,
precautions to be taken;

inter alia,

(27) in order to ensure transparency of the permitting process
throughout the Community the public should have access
to information with a view to allowing it to be involved
in decisions to be taken following applications for new
permits and their subsequent updates; the public should
have access to reports on the functioning and monitoring
of the plants burning more than three tonnes per hour in
order to be informed of their potential effects on the
environment and human health;

(22) the permit for an incineration or co-incineration plant
shall also comply with any applicable requirements laid
down
96/61/EC,
76/464/EEC (3), 1999/.../EC (4) and 1999/31/EC(5);

91/271/EEC (2),

in Directives

(23) 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 than those permitted for dedicated incin-
eration plants and should therefore be subject to appro-
priate limitations;

(24) high-standard measurement techniques are required to
monitor emissions to ensure compliance with the emis-
sion limit values for the pollutants;

(28) the Commission should present a report both to the
European Parliament and the Council based on the
experience of applying this Directive, the new scientific
knowledge gained,
the state of
technology, the progress achieved in emission control
techniques, and on the experience made in waste manage-
ment and operation of the plants and on the development
of environmental requirements, with a view to proposing,
as appropriate, to adapt the related provisions of this
Directive;

the development of

(29) the measures necessary for the implementation of this
Directive are to be adopted in accordance with Council
Decision 1999/468/EC of 28 June 1999 laying down the
procedures for the exercise of
implementing powers
conferred on the Commission (6);

(30) the Member States should lay down rules on penalties
applicable to infringements of the provisions of this
Directive and ensure that they are implemented; those
penalties should be effective, proportionate and dis-
suasive,

(25) 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 limit a
transfer of pollutants from the air into water;

HAVE ADOPTED THIS DIRECTIVE:

(26) provisions should be laid down for cases where the
emission limit values are exceeded as well as for techni-
cally unavoidable stoppages, disturbances or failures of
the purification devices or the measurement devices;

(1) OJ L 194, 25.7.1975, p. 47. Directive as last amended by
Commission Decision 96/350/EC (OJ L 135, 6.6.1996, p. 32).
(2) Council Directive 91/271/EEC of 21 May 1991 concerning urban
waste water treatment (OJ L 135, 30.5.1991, p. 40). Directive as
amended by Directive 98/15/EC (OJ L 67, 7.3.1998, p. 29).
(3) Council Directive 76/464/EEC of 4 May 1976 on pollution caused
by certain dangerous substances discharged into the aquatic
environment of the Community (OJ L 129, 18.5.1976, p. 23).
Directive as last amended by the Accession Act of 1994.

(4) Directive 1999/.../EC of ... establishing a framework for Com-

munity action in the field of water policy (OJ L ...).

(5) Directive 1999/31/EC of 26 April 1999 on the landfill of waste

Article 1

Objectives

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 pollution by emissions into air, soil,
surface water and groundwater, and the resulting risks to
human health, from the incineration and co-incineration of
waste.

This aim shall be met by means of stringent operational
conditions and technical requirements, through setting emis-
sion limit values for waste incineration and co-incineration
plants within the Community and also through meeting the
requirements of Directive 75/442/EEC.

(OJ L 182, 16.7.1999, p. 1).

(6) OJ L 184, 17.7.1999, p. 23.

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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 treating only the following wastes:

(i) vegetable waste from agriculture and forestry;

(ii) vegetable waste from the food processing industry;

(iii) wood waste with the exception of:

— wood waste that may contain halogenated organic
compounds or heavy metals as a result of treat-
ment;

— treated wood originating from building and demo-

lition waste;

(iv) cork waste;

(v) waste

excluded

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

from the

For the following hazardous wastes, the specific require-
ments for hazardous waste in this Directive shall not apply:

(a) combustible liquid wastes including waste oils as
defined in Article 1 of Council Directive 75/439/EEC
of 16 June 1975 on the disposal of waste oils (2)
provided that they meet the following criteria:

(i)

the mass content of polychlorinated aromatic
hydrocarbons, e.g. polychlorinated biphenyls (PCB)
or pentachlorinated phenol (PCP) amounts to con-
centrations not higher than those set out in the
relevant Community legislation;

(ii) these wastes are not rendered hazardous by virtue
of containing other constituents listed in Annex II
to Directive 91/689/EEC in quantities or in concen-
trations which are inconsistent with the achieve-
ment of the objectives set out in Article 4 of
Directive 75/442/EEC; and

(iii) the net calorific value amounts to at least 30 MJ

per kilogram;

(b) any combustible liquid wastes which cannot cause, in
the flue gas directly resulting from their combusting,
emissions other than those from gasoil as defined in
Article 1(1) of Directive 93/12/EEC (3) or a higher
concentration of emissions than those resulting from
the combustion of gasoil as so defined;

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

(b) experimental plants used for research, development and
testing in order to improve the incineration process and
which treat less than 50 tonnes of waste per year.

(3) ‘mixed municipal waste’ means waste from households as
well as commercial,
industrial and institutional waste,
which because of its nature and composition is similar to
waste from households, but excluding fractions indicated
in the Annex to Decision 94/3/EC (4) under heading 2001
that are separately at source and excluding the other wastes
indicated under heading 2002 to that Annex;

Article 3

Definitions

For the purposes of this Directive:

(1) ‘waste’ means any solid or liquid waste as defined in

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

(2) ‘hazardous waste’ 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 (1).

(1) OJ L 377, 31.12.1991, p. 20. Directive as amended by Directive

94/31/EC (OJ L 168, 2.7.1994, p. 28).

(4) ‘incineration plant’ means any stationary or mobile techni-
cal 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
waste as well as other thermal treatment processes such as
pyrolysis, gasification or plasma processes in so far as the
substances resulting from the treatment are subsequently
incinerated.

(2) OJ L 194, 25.7.1975, p. 23. Directive as last amended by the

Accession Act of 1994.

(3) Council Directive 93/12/EEC of 23 March 1993 relating to the
sulphur content of certain liquid fuels (OJ L 74, 27.3.1993, p. 81).
Directive as last amended by Directive 1999/32/EC (OJ L 121,
11.5.1999, p. 13).

(4) Commission Decision 94/3/EC of 20 December 1993 establishing
a list of wastes pursuant to Article 1a of Council Directive
75/442/EEC on waste (OJ L 5, 7.1.1994, p. 15).

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

(5) ‘co-incineration plant’ means any stationary or mobile
plant whose main purpose is the generation of energy or
production of material products and:

— which uses wastes as a regular or additional fuel, or

(7) ‘nominal capacity’ means the sum of the incineration
capacities of the furnaces of which an incineration plant is
composed, as specified by the constructor and confirmed
by the operator, with due account being taken, in particu-
lar, of the calorific value of the waste, expressed as the
quantity of waste incinerated per hour;

(8) ‘emission’ means the direct or indirect release of sub-
stances, vibrations, heat or noise from individual or diffuse
sources in he plant into the air, water or soil;

(9) ‘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;

— in which waste is thermally treated for the purpose of

disposal.

(10) ‘dioxins and furans’ means all polychlorinated dibenzo-p-

dioxins and dibenzofurans listed in Annex I;

If co-incineration takes place in such a way that the main
purpose of the plant is not the generation of energy or
production of material products but rather the thermal
treatment of waste, the plant shall be regarded as an
incineration plant within the meaning of point 4.

This definition covers the site and the entire plant including
all co-incineration lines, waste reception, storage, on site
pre-treatment facilities, waste, fuel and air-supply systems,
boiler, facilities for the treatment of exhaust gases, on-site
facilities for treatment or storage of residues and waste
water, stack devices and systems for controlling inciner-
ation operations, recording and monitoring incineration
conditions;

(6) ‘existing incineration or co-incineration plant’ means an

incineration or co-incineration plant:

(a) which is in operation and has a permit in accordance
with existing Community legislation before ... (*), or

(b) which is authorised or registered for incineration or
co-incineration and has a permit issued before ... (*)
in accordance with existing Community legislation,
provided that the plant is put into operation not later
than ...(**); or

(11) ‘operator’ means any natural or legal person who operates
or controls the plant or, where this is provided for in
national legislation, to whom decisive economic power
over the technical functioning of the plant has been
delegated;

(12) ‘permit’ means a written decision (or

several such
decisions) delivered by the competent authority granting
authorisation to operate a plant, subject to certain con-
ditions which guarantee that the plant complies with all
the requirements of this Directive. A permit may cover
one or more plants or parts of a plant on the same site
operated by the same operator;

(13) ‘residue’ means any liquid or solid material (including
bottom ash and slag, fly ash and boiler dust, solid reaction
products from gas treatment, 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 inciner-
ation or co-incineration process, the exhaust gas or waste
water treatment or other processes within the incineration
or co-incineration plant.

Article 4

Application and permit

(c) which, in the view of the competent authority, is the
subject of a full request for a permit, before ...(*),
provided that the plant is put into operation not later
than ...(***);

1. Without prejudice to Article 11 of Directive 75/442/EEC
or to Article 3 of Directive 91/689/EEC, no incineration or
co-incineration plant shall operate without a permit to carry
out these activities.

Two years after the date of entry into force of this Directive.
(*)
(**) Three years after the date of entry into force of this Directive.
(***) Four years after the date of entry into force of this Directive.

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

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(a) the plant is designed, equipped and will be operated in
such a manner that the requirements of this Directive are
met, taking into account the categories of waste to be
incinerated;

(b) the heat generated during the incineration and co-
incineration process is recovered as far as practicable;

8. Where the operator of an incineration or co-incineration
plant for non-hazardous waste is envisaging a change of
operation which would involve the incineration or co-
incineration of hazardous waste, this shall be regarded as a
substantial change within the meaning of Article 2(10)(b) of
Directive 96/61/EC and Article 12(2) of that Directive shall
apply.

(c) the residues will be minimised in their amount and

harmfulness and recycled where appropriate;

Article 5

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

Delivery and reception of waste

3.
The permit shall be granted only if the application shows
that the proposed measurement techniques for emissions into
the air comply with Annex III and, as regards water, comply
with Annex III(1) and (2).

The permit granted by the competent authority for an

4.
incineration or co-incineration plant shall:

(a)

list explicitly the categories of waste which may be treated.
The list shall use at least the categories of waste set up in
the European waste catalogue (EWC),
if possible, and
contain information on the quantity of waste, where
appropriate;

(b) include the total waste incinerating or co-incinerating

capacity of the plant;

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 or, where not
practicable, reduce as far as possible negative effects to the
environment, in particular the pollution of air, soil, surface
water and groundwater as well as odours and noise, and direct
risks to human health. These measures shall meet at least the
requirements set out in paragraphs 3 and 4.

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

Prior to accepting hazardous waste at the incineration
3.
or co-incineration plant, the operator shall have available
information about the waste for the purpose of verifying, inter
alia, compliance with the permit requirements specified in
Article 4(5). This information shall cover:

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

(a) all the administrative information on the generating pro-
cess contained in the documents mentioned in para-
graph 4(a);

5.
The permit granted by the competent authority to an
incineration or co-incineration plant using hazardous waste
shall in addition to paragraph 4:

(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, their lowest and maximum calorific
values and their maximum contents or pollutants, e.g.
PCB, PCP, chlorine, fluorine, sulphur, heavy metals.

6. Without prejudice to the provisions of
the Treaty,
Member States may list the categories of waste to be mentioned
in the permit which can be co-incinerated in defined categories
of co-incineration plants.

(b) the physical, and as far as practicable, chemical compo-
sition of the waste and all other information necessary to
evaluate its suitability for the intended incineration process;

(c) the hazardous 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
the following reception
least

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

(a) 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 (1) and
by dangerous-goods transport regulations;

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

(1) OJ L 30, 6.2.1993, p. 1. Regulation as last amended by Com-
mission Regulation (EC) No 2408/98 (OJ L 298, 7.11.1998,
p. 19).

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(b) the taking of representative samples, unless inappropriate,
e.g. for infectious clinical waste, as far as possible before
to verify conformity with the information
unloading,
provided for in paragraph 3 by carrying out controls and
to enable the competent authorities to identify the nature
of the wastes treated. These samples shall be kept for at
least one month after the incineration.

2.
Co-incineration plants shall be designed, equipped, built
and operated in such a way that the gas resulting from
the co-incineration of waste is raised in a controlled and
homogeneous fashion and even under the most unfavourable
conditions, to a temperature of 850 °C for two seconds. If
hazardous wastes with a content of more than 1 % of
halogenated organic substances, expressed as chlorine, are
co-incinerated, the temperature has to be raised to 1 100 °C.

5.
The competent authorities may grant exemptions from
paragraph 2, 3 and 4 for industrial plants and undertakings
incinerating or co-incinerating only their own waste at the
place of generation of the waste provided that the requirements
of this Directive are met.

Article 6

Operating conditions

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

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 °C or 1 100 °C as
the case may be or the temperature specified according to
paragraph 4 has been reached;

(b) whenever the temperature of 850 °C or 1 100 °C as the
case may be or the temperature specified according to
paragraph 4 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.

Incineration plants shall be designed, equipped, built and
operated in such a way that the gas resulting from the process
is raised, after the last injection of combustion air,
in a
controlled and homogeneous fashion and even under the most
unfavourable conditions,
to a temperature of 850 °C, as
measured near the inner wall or at another representative
point of
the combustion chamber as authorised by the
competent authority, for two seconds. If hazardous wastes
with a content of more than 1 % of halogenated organic
substances, expressed as chlorine, are incinerated, the tempera-
ture has to be raised to 1 100 °C.

Conditions different from those laid down in paragraph 1
4.
and, as regards the temperature, paragraph 3 and specified in
the permit for certain categories of waste or for certain thermal
processes may be authorised by the competent authority,
provided the requirements of this Directive are met. Member
States may lay down rules governing these authorisations. The
change of the operational conditions shall not cause more
residues or residues with a higher content of organic pollutants
compared to those residues which could be expected under
the conditions laid down in paragraph 1.

Each line of the incineration plant shall be equipped with at
least one auxiliary burner. This burner must be switched on
automatically when the temperature of the combustion gases
after the last injection of combustion air falls below 850 °C or
1 100 °C as the case may be. It shall also be used during plant
start-up and shut-down operations in order to ensure that the
temperature of 850 °C or 1 100 °C as the case may be is
maintained at all times during these operations and as long as
unburned waste is in the combustion chamber.

Conditions different from those laid down in paragraph 2 and,
as regards the temperature, paragraph 3 and specified in the
permit for certain categories of waste or for certain thermal
processes may be authorised by the competent authority,
provided the requirements of this Directive are met. Member
States may lay down rules governing these authorisations.
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.

During start-up and shut-down or when the temperature of
the combustion gas falls below 850 °C or 1 100 °C as the case
may be, the auxiliary burner 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.

In the case of co-incineration of their own waste at the place
of its production in existing bark boilers within the pulp and
paper industry, such authorisation shall be conditional upon
at least the provisions for emission limit values set out in
Annex V for total organic carbon being complied with.

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

5. Without prejudice to the provisions of
the Treaty,
Member States may set emission limit values for polycyclic
aromatic hydrocarbons or other pollutants.

5.
Incineration and co-incineration plants shall be designed,
equipped, built and operated in such a way as to prevent
emissions into the air giving rise to significant ground level air
pollution; in particular, exhaust gases shall be discharged in a
controlled fashion and in conformity with relevant Community
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 the co-

6.
incineration process shall be recovered as far as practicable.

7.
Infectious clinical waste should be placed straight in the
furnace, without first being mixed with other categories of
waste and without direct handling.

The management of

8.
the co-
incineration plant shall be in the hands of a natural person
who is competent to manage the plant.

the incineration or

Article 7

Air emission limit values

Incineration plants shall be designed, equipped, built and
1.
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.

If in a co-incineration plant more than 40 % of the resulting
heat release comes from hazardous waste, the emission limit
values set out in Annex V shall apply.

3.
The results of the measurements made to verify com-
pliance with the emission limit values shall be standardised
with respect to the conditions laid down in Article 11.

Article 8

Water discharges from the cleaning of exhaust gases

1. Waste water from the cleaning of exhaust gases dis-
charged from an incineration or co-incineration plant shall be
subject to a permit granted by the competent authorities.

2.
Discharges to the aquatic environment of waste water
resulting from the cleaning of exhaust gases shall be limited as
far as practicable, at least in accordance with the emission limit
values set in Annex IV.

3.
Subject to a specific provision in the permit, the waste
water from the cleaning of exhaust gases may be discharged to
the aquatic environment 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
waste waters from the cleaning of exhaust gases containing
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 on site collectively with other on-site sources of 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 or co-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
for the waste water stream from the exhaust gas cleaning
process.

In the case of co-incineration of untreated mixed munici-
4.
pal waste, the limit values will be determined according to
Annex V, and Annex II will not apply.

Under no circumstances shall dilution of waste water take
place for the purpose of complying with the emission limit
values set in Annex IV.

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5. When waste waters from the cleaning of exhaust gases
containing the polluting substances referred to in Annex IV
are treated outside the incineration or co-incineration plant at
a treatment plant intended only for the treatment of this sort
of waste water the emission limit values of Annex IV are to be
applied at the point where the waste waters leave the treatment
plant. If this off-site treatment plant is not only dedicated to
treat waste water from incineration, the operator shall take the
appropriate mass balance calculations, as provided for under
paragraph 4(a), (b) and (c), 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 for the waste water stream from the
exhaust gas cleaning process.

Under no circumstances shall dilution of waste water take
place for the purpose of complying with the emission limit
values set in Annex IV.

6.

The permit shall:

(a) establish emission limit values for the polluting substances
referred to in Annex IV, in accordance with paragraph 2
and in order to meet the requirements referred to in
paragraph 3(a);

(b) set operational control parameters for waste water at least

for pH, temperature and flow.

7.
Incineration and co-incineration plant sites, including
associated storage areas for wastes, shall be designed and
operated in such a way as to prevent the unauthorised and
accidental release of any polluting substances into soil, surface
water and groundwater in accordance with the provisions
provided for in relevant Community legislation. Moreover,
storage capacity shall be provided for contaminated rainwater
run-off from the incineration or co-incineration plant site or
for contaminated water arising form 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.

8. Without prejudice to the provisions of
the Treaty,
Member States may set emission limit values for polycyclic
aromatic hydrocarbons or other pollutants.

Article 9

Residues

Residues resulting from the operation of the incineration and
co-incineration plant shall be minimised in their amount and
harmfulness. Residues shall be recycled, where appropriate,
directly in the plant or outside in accordance with relevant
Community legislation.

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 such a way as to
prevent dispersal in the environment e.g. 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 the
total soluble fraction and heavy metals soluble fraction.

Article 10

Control and monitoring

1. Measurement equipment shall be installed and tech-
niques used in order to monitor the parameters, conditions
and mass concentrations relevant
to the incineration or
co-incineration process.

The measurement requirements shall be laid down in the
2.
permit or in the conditions attached to the permit issued by
the competent authority.

The appropriate installation and the functioning of the
3.
automated monitoring equipment for emissions into air and
water shall be subject to control and to an annual surveillance
test. Calibration has to be done by means of parallel measure-
ments with the reference methods at least every three years.

The location of the sampling or measurement points

4.
shall be laid down by the competent authority.

Periodic measurements of the emissions into the air and
in accordance with Annex III,

5.
water shall be carried out
points 1 and 2.

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 and 17, as regards air, and para-
graphs 14 to 17, as regards water, are complied with.

The following measurements of air pollutants shall be
2.
carried out in accordance with Annex III at the incineration
and co-incineration plant:

(a) continuous measurements of the following substances:
NOx, provided that emission limit values are set, CO, total
dust, TOC, HCl, HF and SO2;

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(b) continuous measurements of the following process oper-
ation parameters: temperature near the inner wall or at
another representative point of the combustion chamber
as authorised by the competent authority, concentration
of oxygen, pressure, temperature and water vapour content
of the exhaust gas;

(b) national quality criteria, which have been reported to the

Commission, are available for these wastes;

(c) co-incineration and incineration of these wastes is in line
with the relevant waste management plans referred to in
Article 7 of Directive 75/442/EEC;

(c) at least two measurements per year of heavy metals,
dioxins and furans; one measurement at least every three
months
the first
12 months of operation. Member States may fix measure-
ment periods where they have set emission limit values for
polycyclic aromatic hydrocarbons of other pollutants.

shall however be carried out

for

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.

4.
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 emission of HF shall be subject to periodic measurements
as laid down in paragraph 2(c).

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.

Periodic measurements as laid down in paragraph 2(c) of
6.
HCl, HF and SO2 instead of continuous measuring may be
authorised in the permit by the competent authority in
incineration or co-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.
The reduction of the frequency of the periodic measure-
ments for heavy metals form twice a year to once every two
years and for dioxins and furans form twice a year to once
every year may be authorised in the permit by the competent
authority provided that
the emissions resulting from co-
incineration or incineration are below 50 % of the emission
limit values determined according to Annex II or Annex V
respectively and provided that criteria for the requirements to
be met, developed in accordance with the procedure laid down
in Article 17, are available. These criteria shall at least be based
on the provisions of the second subparagraph, points (a) and
(d).

Until 1 January 2005 the reduction of the frequency may be
authorised even if no such criteria are available provided that:

(a) the waste to be co-incinerated or incinerated consists only
of certain sorted combustible fractions of non-hazardous
waste not suitable for recycling and presenting certain
characteristics, and which is further specified on the basis
of the assessment referred to in subparagraph (d);

(d) the operator can prove to the competent authority that the
emissions are under all circumstances significantly below
the emission limit values set out in Annex II or Annex V
for heavy metals, dioxins and furans; this assessment shall
be based on information on the quality of the waste
concerned and measurements of the emissions of the said
pollutants;

(e) the quality criteria and the new period for the periodic

measurements are specified in the permit; and

(f) all decisions on the frequency of measurements referred to
in this paragraph, supplemented with information on the
amount and quality of the waste concerned, shall be
communicated on a yearly basis to the Commission.

The results of the measurements made to verify com-
8.
pliance with the emission limit values shall be standardised at
the following conditions and for oxygen according to the
formula as referred to in Annex VI:

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

gas, in exhaust gas of incineration plants;

(b) temperature 273 K, pressure 101,3 kPa, 3 % oxygen, dry
gas, in exhaust gas of incineration of waste oil as defined
in Directive 75/439/EEC;

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

(d) in the case of co-incineration, the results of the measure-
ments shall be standardised at a total oxygen 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

9.
All measurement results shall be recorded, processed and
presented in an appropriate fashion in order to enable the
competent authorities to verify compliance with the permitted
operating conditions and emission limit values laid down in
this Directive in accordance with procedures to be decided
upon by those authorities.

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The emission limit values for air shall be regarded as

10.
being complied with if:

(a) — none of

the daily average values exceeds any of
the emission limit values set out in Annex V(a), or
Annex II,

— 97 % of the daily average value over the year does not
exceed the emission limit value set out in Annex V(e)
first indent;

the emission limit values set out

(b) either none of the half-hourly average values exceeds any
in Annex V(b),
of
column A or, where relevant, 97 % of the half-hour average
values over the year do not exceed any of the emission
limit values set out in Annex V(b), column 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) or
Annex II;

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

are met.

The half-hourly average values and the 10-minute
11.
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 3 of Annex III. The daily average values shall be deter-
mined from those validated average values.

To obtain a valid daily average value is 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 10 daily average values per year shall
be discarded due to malfunction or maintenance of
the
continuous measurement system.

(c) at least monthly measurements of a flow proportional
representative sample of
the discharge over a period
of 24 hours of the polluting substances referred to in
Article 8(3) with respect to points 2 to 10 in Annex IV;

(d) at least every six months measurements of dioxins and
furans; however one measurement at least every three
months shall be carried out for the first 12 months of
operation. Member States may fix measurement periods
where they have set emission limit values for polycyclic
aromatic hydrocarbons or other pollutants.

15.
The monitoring of the mass of pollutants in the treated
waste water shall be done in conformity with Community
legislation and laid down in the permit as well as the frequency
of the measurements.

The emission limit values for water shall be regarded as

16.
being complied with if:

(a) for total suspended solids (polluting substance number 1),
95 % and 100 % of the measured values do not exceed the
respective emission limit values as set out in Annex IV;

(b) for heavy metals (polluting substances number 2 to 10) no
more than one measurement per year exceeds the emission
limit values set out in Annex IV; or, if the Member State
provides for more than 20 samples per year, no more than
5 % of these samples exceed the emission limit values set
out in Annex IV;

(c)

for dioxins and furans (polluting substance 11), the twice-
yearly measurements do not exceed the emission limit
value set out in Annex IV.

12.
The average values over the sample period and the
average values in case of periodical measurements of HF,
HCl and SO2 shall be determined in accordance with the
requirements of Article 10(2) and (4) and Annex III.

17.
Should the measurements taken show that the emission
limit values for air or water laid down in this Directive have
been exceeded, the competent authorities shall be informed
without delay.

13.
The Commission, acting in accordance with the pro-
cedure 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 heavy metals, dioxins and
furans 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);

(b) spot sample daily measurements of total suspended solids;
Member States may alternatively provide for measurements
of a flow proportional representative sample over a period
of 24 hours;

Article 12

Access to information and public participation

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

(1) Council Directive 90/313/EEC of 7 June 1990 on the freedom of
access to information on the environment (OJ L 158, 23.6.1990,
p. 56). Directive as amended by the Accession Act of 1994.

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For incineration or co-incineration plants burning more than
three tonnes per hour and notwithstanding Article 15(2) of
Directive 96/61/EC, an annual report to be provided by the
operator to the competent authority on the functioning and
monitoring of the plant shall be made available to the public.

Article 13

Abnormal operating conditions

1.
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.

2.
In the case of a breakdown, the operator shall reduce or
close down operations as soon as practicable until normal
operations can be restored.

3. Without prejudice to Article 6(3)(c), the incineration
plant 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 60-hour duration applies
to those lines of the entire plant which are linked to one single
flue gas cleaning device.

The total dust content of the emissions into the air of
4.
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

Review clause

Without prejudice to Directive 96/61/EC, the Commission
shall submit a report to the European Parliament and the
Council before 31 December 2008 based on experience of the
application of this Directive, in particular for new plants, and
on the progress achieved in emission control techniques and
experience in waste management. Furthermore, the report
shall be based on the development of the state of technology,
of experience in the operation of the plants, of environmental
requirements. The report shall, as appropriate, be accompanied
by proposals for revision of the related provisions of this
Directive.

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. The first report
shall cover at least the first full three-year period after(*) and
comply with the periods referred to in Article 17 of Directive
94/67/EC and in Article 16(3) of Directive 96/61/EC. To
this effect, the Commission shall elaborate the appropriate
questionnaire in due time.

Article 16

Future adaptation of the Directive

The Commission shall, in accordance with the procedure laid
down in Article 17(2), amend Articles 10, 11 and 13 and
Annexes I and III in order to adapt them to technical progress
or new findings concerning the health benefits of emission
reductions.

Article 17

Regulatory committee

The Commission shall be assisted by a regulatory

1.
committee.

2. Where reference is made to this paragraph, Articles 5
and 7 of Decision 1999/468/EC shall apply, having regard to
the provisions of Article 8 thereof.

The period laid down in Article 5(6) of Decision 1999/468/EC
shall be set at three months.

3.

The Committee shall adopt its own rules of procedure.

Article 18

Repeal

The following shall be repealed as from (**):

(a) Article 8(1) and the Annex to Directive 75/439/EEC;

(b) Directive 89/369/EEC;

(c) Directive 89/429/EEC;

(d) Directive 94/67/EC.

(*)
(**)

Two years after the date of entry into force of this Directive.
Five years after the date of entry into force of this Directive.

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Article 19

Penalties

The Member States shall determine penalties applicable to
breaches of the national provisions adopted pursuant to this
Directive. The penalties thus provided for shall be effective,
proportionate and dissuasive. The Member States shall notify
those provisions to the Commission by (*) at the latest and
shall notify it without delay of any subsequent amendment
affecting them.

Article 20

Transitional provisions

1. Without prejudice to the specific transitional provisions
provided for in the Annexes to this Directive, the provisions
of this Directive shall apply to existing plants as from (**).

Article 21

Implementation

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive not later than ...(*). 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
reference on the occasion of their official publication. The
methods of making such reference shall be laid down by the
Member States.

2. Member States shall communicate to the Commission
the text of the provisions of domestic law which they adopt in
the field governed by this Directive.

Article 22

Entry into force

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

2.
For new plants, i.e. plants not falling under the definition
of ‘existing incineration or co-incineration plant’ in Article 3(6)
or paragraph 3 of this Article, this Directive, instead of the
Directives mentioned in Article 18, shall apply as from ... (*).

Article 23

Addressees

3.
Stationary or mobile plants whose purpose is the gener-
ation of energy or production of material products and which
in accordance with
are in operation and have a permit
existing Community legislation where required and which start
co-incinerating waste not later than ... (***) are to be regarded
as existing co-incineration plants.

This Directive is addressed to the Member States.

Done at ...

For the European Parliament

For the Council

The President

The President

Two years after the date of entry into force of this Directive.
(*)
(**)
Five years after the date of entry into force of this Directive.
(***) Four years after the date of entry into force of this Directive.

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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
dibenzo-p-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

Tetrachlorodibenzodioxin (TCDD)

Pentachlorodibenzodioxin (PeCDD)

Hexachlorodibenzodioxin (HxCDD)

Hexachlorodibenzodioxin (HxCDD)

Hexachlorodibenzodioxin (HxCDD)

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

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

Octachlorodibenzodioxin (OCDD)

Tetrachlorodibenzofuran (TCDF)

Pentachlorodibenzofuran (PeCDF)

Pentachlorodibenzofuran (PeCDF)

Hexachlorodibenzofuran (HxCDF)

Hexachlorodibenzofuran (HxCDF)

Hexachlorodibenzofuran (HxCDF)

Hexachlorodibenzofuran (HxCDF)

Heptachlorodibenzofuran (HpCDF)

Heptachlorodibenzofuran (HpCDF)

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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ANNEX II

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

The following formula (mixing rule) is to be applied whenever a specific total emission limit value ‘C’ has not been
set out in a table to this Annex.

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 × Cwaste + Vproc × Cproc

Vwaste + Vproc

= 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.

Cwaste:

Vproc:

Cproc:

C:

If the resulting heat release from the incineration of hazardous waste amounts to less than 10 % of
the total heat released in the plant, Vwaste must be calculated from a (notional) quantity of waste
that, being incinerated, would equal 10 % heat release, the total heat release being fixed.

emission limit values set for incineration plants in Annex V for the relevant pollutants and carbon
monoxide.

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 to the 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 and oxygen content as laid down in the tables to 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 Annexes 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.

Member States may lay down rules governing the exemptions provided for in this Annex.

II.1. Special provisions for cement kilns co-incinerating waste

Daily average values (for continuous measurements) sample periods and other measurement requirements as in
Article 7. All values in mg/m3 (dioxins and furans ng/m3). Half-hourly average values shall only be needed in view of
calculating the daily average values.

The results of the measurements made to verify compliance with the emission limit values shall be standardised at
the following conditions: Temperature 273 K, pressure 101,3 kPa, 10 % oxygen, dry gas.

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II.1.1. C — total emission limit values

Pollutant

Total Dust

HCI

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

Until 1 January 2008, exemptions for NOx may be authorised by the competent authorities for existing wet process
cement kilns or cement kilns which burn less than three tonnes of waste per hour, provided that the permit foresees
a total emission limit values for NOx of no more than 1 200 mg/m3.

Until 1 January 2008, exemptions for dust may be authorised by the competent authorities for cement kilns which
burn less than three tonnes of waste per hour, provided that the permit foresees a total emission limit values of not
more than 50 mg/m3.

II.1.2. C — 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.

II.1.3. Emission limit value for CO

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

II.2. Special provisions for combustion plants co-incinerating waste

II.2.1. Daily average values

Without prejudice to Directive 88/609/EEG and in the case where, for large combustion plants, more stringent
emission limit values are set according to future Community legislation, the latter shall replace, for the plants and
pollutants concerned, the emission limit values as laid down in the following tables (Cproc). In that case, the following
tables shall be adapted to these more stringent emission limit values in accordance with the procedure laid down in
Article 17 without delay.

Half-hourly average values shall only be needed in view of calculating the daily average values.

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Cproc

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

Pollutants

< 50 MWth

50 to 100 MWth

100 to 300 MWth

> 300 MWth

SO2 General case

Indigenous fuels

850

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

200

or rate of
desulphurisation
≥ 90 %

or rate of
desulphurisation
≥ 92 %

or rate of
desulphurisation
≥ 95 %

NOx

Dust

50

400

50

300

30

200

30

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

Until 1 January 2008, exemptions for NOx and SO2 may be authorised by the competent authorities for existing
co-incineration plants between 100 and 300 MWth using fluidised bed technology and burning solid fuels provided
that the permit foresees a Cproc value of not more than 350 mg/Nm3 for NOx and not more than 850 to 400 mg/Nm3
(linear decrease from 100 to 300 MWth) for SO2.

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

‘Biomass’ means: products consisting of any whole or part of a vegetable matter from agriculture or forestry, which
can be used for the purpose of recovering its energy content as well as wastes listed in Article 2(2)(a)(i) to (iv).

Pollutants

< 50 MWth

50-100 MWth

100-300 MWth

> 300 MWth

SO2

NOx

Dust

200

350

50

200

300

30

200

300

30

50

Until 1 January 2008, exemptions for NOx may be authorised by the competent authorities for existing co-incineration
plants between 100 and 300 MWth using fluidised bed technology and burning biomass provided that the permit
foresees a Cproc value of not more than 350 mg/Nm3.

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

Pollutants

< 50 MWth

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

50

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II.2.2. C — total emission limit values

C expressed in mg/m3 (O2 content 6 %). All average values over the sample period of a minimum of 30 minutes and
a maximum of eight hours:

Pollutants

Cd + Tl

Hg

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

C

0,05

0,05

0,5

C expressed in ng/m3 (O2 content 6 %). All average values measured over the sample period of a minimum of six
hours and a maximum of eight hours:

Pollutant

Dioxins and furans

C

0,1

II.3. Special provisions for industrial sectors not covered under II.1 or II.2 co-incinerating waste

II.3.1. C — total emission limit values

C expressed in ng/m3. All average values measured over the sample period of a minimum of six hours and a
maximum of eight hours:

Pollutant

Dioxins and furans

C

0,1

C expressed in mg/m3. All average values over the sample period of a minimum of 30 minutes and a maximum of
eight hours:

Pollutant

Cd + Tl

Hg

C

0,05

0,05

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ANNEX III

MEASUREMENT TECHNIQUES

1. Measurements for the determination of concentrations of air and water polluting substances have to be carried

out representatively.

2. 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 standards. If CEN standards
are not available, ISO standards, national or international standards which will ensure the provision of data of an
equivalent scientific quality shall apply.

3. 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:

Hydrogen fluoride:

10 %

20 %

20 %

30 %

30 %

40 %

40 %

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ANNEX IV

EMISSION LIMIT VALUES FOR DISCHARGES OF WASTE WATER FROM THE CLEANING OF EXHAUST
GASES

Polluting substances

1.

Total suspended solids as defined by Directive 91/271/EEC

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

Mercury and its compounds, expressed as mercury (Hg)

Cadmium and its compounds, expressed as cadmium (Cd)

Thallium and its compounds, expressed as thallium (Tl)

Arsenic and its compounds, expressed as arsenic (As)

Lead and its compounds, expressed as lead (Pb)

Chromium and its compounds, expressed as chromium (Cr)

Copper and its compounds, expressed as copper (Cu)

Nickel and its compounds, expressed as nickel (Ni)

Zinc and its compounds, expressed as Zinc (Zn)

Dioxins and furans, defined as the sum of the individual dioxins and furans
evaluated in accordance with Annex I

Emission limit values
expressed in mass
concentrations for
unfiltered samples

95 %

100 %

30 mg/l

45 mg/l

0,03 mg/l

0,05 mg/l

0,05 mg/l

0,15 mg/l

0,2 mg/l

0,5 mg/l

0,5 mg/l

0,5 mg/l

1,5 mg/l

0,3 ng/l

Until 1 January 2008, exemptions for total suspended solids may be authorised by the competent authority for
existing incineration plants provided the permit foresees that 80 % of the measured values do not exceed 30 mg/l
and none of them exceed 45 mg/l.

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ANNEX V

AIR EMISSION LIMIT VALUES

(a) Daily average values

Total dust

Gaseous and vaporous organic substances, expressed as total organic carbon

Hydrogen chloride (HCI)

Hydrogen fluoride (HF)

Sulphur dioxide (SO2)

10 mg/m3

10 mg/m3

10 mg/m3

1 mg/m3

50 mg/m3

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

200 mg/m3 (*)

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

400 mg/m3 (*)

(*) Until 1 January 2007 and without prejudice to relevant Community legislation the emission limit value for NOx does not

apply to plants only incinerating hazardous waste.

Exemptions for NOx may be authorised by the competent authority for existing incineration plants:

— with a nominal capacity of ≤ 6 tonnes per hour, provided that the permit foresees the daily average values

do not exceed 500 mg/m3 and this until 1 January 2008,

— with a nominal capacity of > 6 tonnes per hour but ≤ 16 tonnes per hour, provided the permit foresees the

daily average values do not exceed 400 mg/m3 and this until 1 January 2010,

— with a nominal capacity of > 16 tonnes per hour but < 25 tonnes per hour and which do not produce water
discharges, provided that the permit foresees the daily average values do not exceed 400 mg/m3 and this
until 1 January 2008.

Until 1 January 2008, exemptions for dust may be authorised by the competent authority for existing incinerating
plants, provided that the permit foresees the daily average values do not exceed 20 mg/m3.

(b) Half-hourly average values

Total dust

(100 %) A

(97 %) B

30 mg/m3

10 mg/m3

Gaseous and vaporous organic substances, expressed as total organic carbon

20 mg/m3

10 mg/m3

Hydrogen chloride (HCI)

Hydrogen fluoride (HF)

Sulphur dioxide (SO2)

60 mg/m3

10 mg/m3

4 mg/m3

2 mg/m3

200 mg/m3

50 mg/m3

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

400 mg/m3(*)

200 mg/m3(*)

(*) Until 1 January 2007 and without prejudice to relevant Community legislation the emission limit value for NOx does not

apply to plants only incinerating hazardous waste.

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Until 1 January 2010, exemptions for NOx may be authorised by the competent authority for existing
incineration plants with a nominal capacity between six and 16 tonnes per hour, provided the half-hourly
average value does not exceed 600 mg/m3 for column A or 100 mg/m3 for column B.

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

Cadmium and its compounds, expressed as cadmium (Cd)

Thallium and its compounds, expressed as thallium (TI)

Total
0,05 mg/m3

Total
0,1 mg/m3 (*)

Mercury and its compounds, expressed as mercury (Hg)

0,05 mg/m3

0,1 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)

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)

Total
0,5 mg/m3

Total
1 mg/m3 (*)

(*) Until 1 January 2007 average values for 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.

(d) Average values shall be measured over a sample period of a minimum of six hours and a maximum of eight 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)

— 50 mg/m3 of combustion gas determined as daily average value,

— 150 mg/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 permit foresees an emission limit value for carbon monoxide (CO) of not more than
100 mg/m3 as an hourly average value.

(f) Member States may lay down rules governing the exemptions provided for in this Annex

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ANNEX VI

FORMULA TO CALCULATE THE EMISSION CONCENTRATION AT THE STANDARD PERCENTAGE
OXYGEN CONCENTRATION

ES =

21 − OS

21 − OM

× EM

ES

= calculated emission concentration at the standard percentage oxygen concentration

EM = measured emission concentration

OS = standard oxygen concentration

OM = measured oxygen concentration

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STATEMENT OF THE COUNCIL’S REASONS

I.

INTRODUCTION

1. On 24 November 1997, the Commission sent the Council a proposal for a Council Directive
amending Directive 94/67/EC on the incineration of hazardous waste (1) and on 29 October 1998
a proposal for a Council Directive on the incineration of waste (2). Both proposals were based on
Article 130s(1) of the Treaty.

2. The European Parliament delivered its opinion on 14 April 1999 which was confirmed under the
co-decision procedure (3). The Economical and Social Committee delivered its opinion on the
proposal amending Directive 94/67/EC on 29 April 1998(4) and on the proposal on the
incineration of waste on 25 February 1999(5), whereas the Committee of the Regions gave its
opinion on 10 March 1999 (6).

3. Following these opinions, the Commission forwarded an amended proposal to the Council on

13 July 1999.

4. On 25 November 1999,

the Council adopted its common position in accordance with

Article 251(2) of the Treaty (former Article 189b).

II. OBJECTIVE

The aim of the 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 by emissions into air, soil, surface
water and groundwater, and the resulting risks to human health, from the incineration and
co-incineration of hazardous and non-hazardous waste. This aim should be met by way of stringent
operational conditions and technical requirements and setting up emission limit values for waste
incineration and co-incineration plants within the Community with a view to also meeting the
requirements of the Directive on waste (75/442/EEC) and more in particular that Member States
encourage waste to be prevented, reduced, recovered, used as a source of energy or disposed of
without endangering human health and without using methods or processes which could harm the
environment.

The proposed Directive seeks, in particular:

— to update existing Community legislation on the incineration of municipal waste according to

factors such as technical progress,

— to extend existing Community legislation both to the incineration and co-incineration of all kinds

of waste,

— to reduce considerably the releases of heavy metals, dioxins and furans,

— to introduce emission limit values for the discharge of water resulting from the cleaning of

exhaust gases, and

— to achieve, as far as possible, recovery of the generated heat and the minimisation of residues

resulting from the incineration process.

(1) OJ C 13 of 17.1.1998, p. 6.
(2) OJ C 372 of 2.12.1998, p. 11.
(3) OJ C 219 of 30.7.1999, p. 249 and OJ C 279 of 1.10.1999, p. 274.
(4) OJ C 214 of 10.7.1998.
(5) OJ C 116 of 28.4.1999, p. 40.
(6) OJ C 198 of 14.7.1999, p. 37.

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III. ANALYSIS OF THE COMMON POSITION (1)

The Council’s common position, whilst generally maintaining the approach proposed by the
Commission, has added a series of provisions either to strengthen or to clarify it.

As requested by the European Parliament, the Council also agreed to merge:

— the existing Directive on the incineration of hazardous waste,

— the Commission’s proposal amending the Directive (introducing emission limit values and

associated conditions for the treatment of waste water), and

— the Commission’s proposal on the incineration of waste to strengthen the provisions contained
in existing legislation on municipal waste incineration, on the one hand, and to cover waste not
within the scope of the existing Directive on the incineration of hazardous waste on the other.

Concerning the merge and subject to a specified transition period for NOx and heavy metal emissions
caused by the incineration of hazardous waste, the Council accepted that for hazardous and
non-hazardous waste the same emission limit values apply. More stringent provisions for hazardous
waste are, however, kept for reception and storage purposes.

A. Amended Commission proposal

The Council adopted, either in full or in part and occasionally implicitly, all but
two
(amendment 24, last element, and amendment 64) of the 18 European Parliament amendments
accepted by the Commission (eight of them being related to the merge). Moreover, the Council
introduced into its common position fully or partly six other amendments not being retained in
the Commission’s amended proposal and two supplementary elements of amendments only
partly accepted by the Commission. The latter concern Amendments 8 (only partly i.e. reference
to the Directive on waste), 9 (last element, i.e. to exclude experimental plants for research and
development purposes retaining, however, a higher threshold), 16 (implied because reflected in
recital 13), 56 (i.e. including the European Parliament amendments proposed for the former
paragraphs 4 and 5, currently paragraphs 4 and 2 respectively), 57 (linked to the emission limit
values (ELVs) of Annex IV), 58 (first part: addition of ‘pH’), 30 (second part but for plants burning
more than three tonnes per hour) and 43 (partly, i.e. for the process referred to and the retained
ELV).

B.

Innovations introduced by the Council

Article 2 — Scope

The Council decided it was appropriate to consider vegetable waste from the food processing
industry and cork waste as biomass and, therefore, excluded them from the scope of the Directive.

Article 3 — Definitions

— h a z a r d o u s w a s t e

The Council is of the opinion that maintaining the text of the definition as it was stipulated in
the existing hazardous waste Directive is justified and does not need to be altered.

(1) The numbering of the recitals, Articles and Annexes follows those retained in the common position.

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— m i x e d m u n i c i p a l w a s t e

The Council preferred to introduce such a definition for the purpose of Article 7(4).

— c o - i n c i n e r a t i o n p l a n t

The Council added:

— the concept of the thermal treatment for the purpose of disposal (in the sense given in

Directive 75/442/EEC),

— a sentence to ensure that the main purpose of a co-incineration plant is the production of

material products or the generation of energy.

— e x i s t i n g i n c i n e r a t i o n p l a n t

The Council has specified this definition according to the state of the permit procedure.

— n o m i n a l c a p a c i t y

The Council added this definition for the purpose of clarifying the calculation to be done to
apply the emission limit values specified in Annex V(a) and (b).

Article 4 — Application and permit

The Council has added provisions:

— in paragraph 6: to enable Member States, which so wish, to list the type of waste in the permit

which can be co-incinerated in defined categories of such plants,

— in paragraph 8: that the permit be adapted according to Article 12(2) of the IPPC-Directive if
an operator of a plant incinerating non-hazardous waste envisages starting also to incinerate
hazardous waste.

Article 6 — Operating conditions

The Council has:

— strengthened paragraph 2 by adding conditions for the co-incineration of hazardous waste,

and

— added three paragraphs:

— paragraph 4: an exemption clause for existing bark boilers,

— paragraph 7: to secure handling of infectious clinical waste,

— paragraph 8: to ensure that the management of the plants shall be in the hands of a

competent natural person.

Article 8 — Water discharges from the cleaning of exhaust gases

The Council specified that in the context of the proposed Directive and the processes it envisages
the waste waters to be dealt with concern only those resulting from the cleaning of exhaust gases.

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Moreover, the Council stressed that if waste waters are treated outside the plant (see new
paragraph 5) this should be done according to strict conditions including, for example, the
prohibition of dilution.

The Council also added an optional provision for Member States to set emission limit values for
polycyclic aromatic hydrocarbons (PAHs) or other pollutants.

Article 11 — Measurement requirements

The Council added the same optional clause for air, as it did for water (under Article 8), to enable
Member States to set emission limit values for PAHs or other pollutants.

Moreover, the Council added another optional clause (see paragraph 7) allowing competent
authorities to deliver a permit granting the possibility to reduce the periodic measurements for
heavy metals and dioxins and furans, but only under very strict conditions (e.g. the emissions
should be significantly below the emission limit values determined in Annexes II or V). After
2005, however, such derogations can only be authorised if the emissions are 50 % below the
emission limit values and if specific criteria have been developed according to the Committee
procedure provided for by the Directive. It should be noted, however, that this new paragraph is
to be read in conjunction with paragraph 13.

In paragraph 10 the Council introduced a 97 % daily average value over the year for the carbon
monoxide emission limit value mentioned in Annex V(e).

In paragraph 16 (and corresponding Annex IV) the compliance figures and emission limit values
into water have been changed to offer an alternative both for total suspended solids and heavy
metals.

Article 14 — Review clause

The Council added a review clause asking the Commission to report before the end of 2008 both
to the European Parliament and the Council on the application of the proposed Directive and the
experience and progress achieved since its implementation, to be accompanied, if appropriate, by
proposals for revision.

Article 15 — Reporting

The Council asked the Commission to elaborate an appropriate questionnaire in due time.

Article 16 — Future adaptation of the Directive

Some of the Annexes of the proposed Directive being of a political nature, (e.g. Annexes II, IV
and V), the Council is of the opinion that their possible future adaptation should be done
according to the co-decision procedure.

Article 20 — Transitional provisions

The Council added a new paragraph 3 to clarify that plants, which are producing products or
generating energy and which have a permit where required by Community legislation, shall, if
they start to co-incinerate waste not later than four years after the entry into force of the Directive,
be regarded as existing co-incineration plants.

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Annex II

The Council, rather than changing the emission limit values put forward by the Commission, has,
because of difficulties for a certain number of plants which are related to cost/benefit
considerations, opted for a set of exemption clauses which are limited in time either for certain
kinds of existing processes or for plants with a determined capacity. The Council also added a
clause (under Section II.2.1) to clarify the link with Directive 88/609/EEC on large combustion
plants and possible future legislation for these plants and a definition for biomass to clarify the
type of authorised ‘fuels’ to be used.

Annex IV — Emission limit values for discharge of waste water from the cleaning of exhaust gases

The Council considers that, rather than following the Commission’s approach for this Annex:

— instead of sum emission limit values for heavy metals, individual emission limit values for the
different parameters should be fixed; some of the less relevant ones, as far as their pollution
potential is concerned, have been deleted (Sb, Co, Mn and V),

— regarding total suspended solids, the possibility of choosing between two values accompanied
by an exemption clause is more realistic in terms of feasibility and is, moreover, in line with
Directive 91/271/EEC,

— regarding dioxins and furans, a lower value (0,3 ng/l) than the proposed one should be set.

Annex V — Air emission limit values

The Council, whilst leaving the emission limit values proposed by the Commission unchanged,
added certain exemption clauses for existing plants for NOx and dust for specified time limits
and/or according to capacity.

Annex VI — Formula to calculate the emission concentration at
concentration

the standard percentage oxygen

The Council added this standardised formula to facilitate the calculation of the emission
concentration at the standard percentage oxygen concentration as referred to in Article 11(8).

The Commission has accepted the common position agreed upon by the Council.