European Parliament legislative resolution on the common position adopted by the Council with a view to adopting a European Parliament and Council directive on the incineration of waste (11472/1/1999 - C5-0274/1999 - 1998/0289(COD))
Date: 2000-03-15
Institutions: European Parliament
Subjects: air quality, dangerous substance, prevention of pollution, waste incineration, waste management

29.12.2000

EN

Official Journal of the European Communities

C 377/149

COUNCIL
COMMON POSITION

Wednesday 15 March 2000

AMENDMENTS
BY PARLIAMENT

In drawing up the assessment and verification require-
ments the objective of keeping costs to a strict minimum
must be observed. This is particularly important in order
to facilitate participation by SMEs in the Community eco-
label system and thus to contribute to the wider dissemi-
nation of the system.

9.

Incinerating waste ***II

A5-0056/2000

European Parliament legislative resolution on the common position adopted by the Council with a
view to adopting a European Parliament and Council directive on the incineration of waste
(11472/1/1999 . C5-0274/1999 . 1998/0289(COD))

(Codecision procedure: second reading)

The European Parliament,

(cid:17) having regard to the Council common position (11472/1/1999 (cid:17) C5-0274/1999) (1),

(cid:17) having regard to its position at first reading (2) on the Commission proposal to Parliament and the

Council (COM(1998) 558) (3),

(cid:17) having regard to the Commission’s amended proposal (COM(1999) 330),

(cid:17) having regard to Article 251(2) of the EC Treaty,

(cid:17) having regard to Rule 80 of its Rules of Procedure,

(cid:17) having regard to the recommendation for second reading of the Committee on the Environment,

Public Health and Consumer Policy (A5-0056/2000),

1.

2.

Amends the common position as follows;

Instructs its President to forward its position to the Council and Commission.

COUNCIL
COMMON POSITION

AMENDMENTS
BY PARLIAMENT

(Amendment 1)
Recital 8a (new)

(8a) A directive on waste management plans including
plans for the presorting of waste intended for incineration
is needed in order to supplement the Community strategy
for waste management;

(1) OJ C 25, 28.1.2000, p. 17.
(2) OJ C 219, 30.7.1999, p. 249 and OJ C 279, 1.10.1999, p. 274.
(3) OJ C 372, 2.12.1998, p. 11.

C 377/150

Official Journal of the European Communities

EN

29.12.2000

Wednesday 15 March 2000

COUNCIL
COMMON POSITION

AMENDMENTS
BY PARLIAMENT

(Amendment 2)

Article 1

The aim of this Directive is to prevent or, where that is not prac-
ticable, to reduce as far as possible negative effects on the environ-
ment, 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 condi-
through setting emission
tions and technical requirements,
limit values for waste incineration and co-incineration plants
within the Community and also through meeting the require-
ments of Directive 75/442/EEC.

The aim of this Directive is to prevent 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 condi-
tions and technical requirements,
through setting emission
limit values for waste incineration and co-incineration plants
within the Community and also through meeting the require-
ments of Directive 75/442/EEC.

The Directive is also intended to contribute towards
attaining the overriding goal of European waste policy,
particularly in terms of the waste management hierarchy:
prevention, recycling, incineration with energy recovery
and final disposal.

(Amendment 3)

Article 1, 2nd paragraph b (new)

This Directive shall be without prejudice to other
Community legislation on waste and on protecting the
health and safety of workers at incineration plants.

(Amendment 4)

Article 2(2)(a)(ii) to (v)

(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 treatment;

! treated wood originating from building and demolition

waste,

(iv) cork waste,

(ii) vegetable waste from the food processing industry, if it is
co-incinerated at the place of production and the heat
generated is recovered,

(iia)

fibrous vegetable waste from sorting, screening and
washing of virgin pulp and paper production, if it is
co-incinerated at the place of production and the
heat generated is recovered,

(iii) wood waste with the exception of waste material which
may contain halogenated organic compounds or heavy
metals as a result of treatmentwith wood-preservatives
or coating, and which includes such material originat-
ing from construction and demolition waste,

(iv) cork waste,

(v) waste excluded from the scope of Directive 75/442/EEC pur-

(v)

radioactive waste,

suant to Article 2(1) of that Directive,

29.12.2000

EN

Official Journal of the European Communities

C 377/151

COUNCIL
COMMON POSITION

Wednesday 15 March 2000

AMENDMENTS
BY PARLIAMENT

(Amendment 5)

Article 4(2)(a)

(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;

(a)

the plant is designed, equipped and will be operated in
such a manner that the requirements of this Directive
and other Community environmental legislation such
as Framework Directive 96/62/EC on ambient air qual-
ity assessment and management (1) are met, taking into
account the categories of waste to be incinerated;

(1) OJ L 296, 21.11.1996, p. 55.

(Amendment 6)

Article 4(2)(b)

(b)

the heat generated during the incineration and co-incinera-
tion process is recovered as far as practicable;

(b)

the heat generated during the incineration and co-incinera-
tion process is recovered as far as practicable, for example
through combined heat and power, the generating of
process steam or district heating;

(Amendment 8)

Article 4(8a)(new)

8a.
If an incineration or co-incineration plant does not
comply with the conditions of the permit, in particular
with the emission limit values for air and water, the com-
petent authority shall take action to enforce compliance.

(Amendment 9)

Article 5(1)

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 ground-
water 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.

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,
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.

(Amendment 10)

Article 6(1), 1st subparagraph

Incineration plants shall be operated in order to achieve a
1.
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 plants shall be operated in order to achieve a
1.
level of incineration such that the slag and bottom ashes total
organic carbon (TOC) content, minus the content of elemen-
tal carbon, 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.

C 377/152

Official Journal of the European Communities

EN

29.12.2000

Wednesday 15 March 2000

COUNCIL
COMMON POSITION

AMENDMENTS
BY PARLIAMENT

(Amendment 11)
Article 6(1), 2nd subparagraph

Incineration plants shall be designed, equipped, built and oper-
ated 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 unfavour-
able conditions, to a temperature of 850 °C, as measured near
the inner wall or at another representative point of the com-
bustion 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 temperature has to be raised to 1 100 °C.

Incineration plants shall be designed, equipped, built and oper-
ated 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 unfavour-
able conditions, to a temperature of 850 °C, as measured near
the inner wall or at another representative point of the com-
bustion chamber as authorised by the competent authority, for
two seconds. If wastes with a content of more than 1 % of
halogenated organic substances, expressed as chlorine, are
incinerated, the temperature has to be raised to 1 100 °C for
at least two seconds.

(Amendment 13)
Article 7(2), 2nd subparagraph

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.

If in a co-incineration plant more than 40 % of the resulting
heat release comes from hazardous waste, or potentially
hazardous waste,
in
Annex V shall apply.

the emission limit values

set out

(Amendment 15)
Article 8(2)

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.

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, and may under no circumstances
stand in the way of the environmental quality objectives.

(Amendment 17)
Article 11(1)

1. Member States shall, either by specification in the condi-
tions of the permit or by general binding rules, ensure that
paragraphs 2 to 12 and 17, as regards air, and paragraphs 14
to 17, as regards water, are complied with.

1. Member States shall, either by specification in the condi-
tions of the permit or by general binding rules, ensure that
paragraphs 2 to 12 and 17, as regards air, and paragraphs 9
and 14 to 17, as regards water, are complied with.

(Amendment 20)
Article 12

Without prejudice to Council Directive 90/313/EEC and Direc-
tive 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. Without prejudice to Council Directive 90/313/EEC and
Directive 96/61/EC, applications for new permits for incinera-
tion and co-incineration plants shall be made available at
one or more locations accessible to the public, such as
local authority offices and public libraries, for an appropri-
ate period to enable the public 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.

29.12.2000

EN

Official Journal of the European Communities

C 377/153

COUNCIL
COMMON POSITION

For incineration or co-incineration plants burning more than
three tonnes per hour and notwithstanding Article 15(2) of Direc-
tive 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.

Wednesday 15 March 2000

AMENDMENTS
BY PARLIAMENT

Notwithstanding Article 15(2) of Directive 96/61/EC, for
2.
incineration and co-incineration plants the operator shall pro-
vide to the competent authority an annual environmental
report on the functioning and monitoring of the plant. This
report shall be made available to the public and shall, as a
minimum requirement, give an account of the operation
of the process and the emissions into air and water com-
pared with the emission standards in this Directive.

(Amendment 22)

Article 16

The Commission shall, in accordance with the procedure laid
down in Article 17, 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.

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.

(Amendment 25)

Annex II.1.1

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

Pollutant

Total Dust

HCl

HF

NOX

Cd + Tl

Hg

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

Dioxins and furans

(1)
(2)

for old plants.
for new plants.

C

30

10

1

(1) 800, (2) 500

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 emis-
sion limit value for NOX of not more than 1 200 mg/m3.

Until 1 January 2007, 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 emis-
sion limit value for NOX of not more than 1 200 mg/m3.

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

Until 1 January 2007, exemptions for dust may be authorised
by the competent authority for cement kilns which burn less
than three tonnes of waste per hour, provided that
the
permit foresees a total emission limit value of not more than
50 mg/m3.