Directive 2000/76/EC of the European Parliament and of the Council of 4 December 2000 on the incineration of waste
Date: 2000-12-04
Institutions: Council of the European Union, European Parliament
Subjects: air quality, environmental protection, pollution control, soil pollution, waste incineration, water pollution

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DIRECTIVE 2000/76/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 4 December 2000

on the incineration of waste

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

waste, and 0,2 ng/m; TE for installations burning more
than 1 tonne per hour of hazardous waste.

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

(3)

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), and in the light of the joint text approved
by the Conciliation Committee on 11 October 2000,

Whereas:

(1)

(2)

The fifth Environment Action Programme: Towards
sustainability — A European Community programme of
policy and action in relation to the environment and
sustainable development, supplemented by Decision No
2179/98/EC on its review (5), 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 pollution. That Programme further sets as an
objective a 90 % reduction of dioxin emissions of identi-
fied sources by 2005 (1985 level) and at least 70 %
reduction from all pathways of cadmium (Cd), mercury
(Hg) and lead (Pb) emissions in 1995.

The Protocol on persistent organic pollutants signed by
the Community within the framework of the United
Nations Economic Commission for Europe (UN-ECE)
Convention on long-range transboundary air pollution
sets legally binding limit values for the emission of
dioxins and furans of 0,1 ng/m; TE (Toxicity Equiva-
lents) for installations burning more than 3 tonnes per
hour of municipal solid waste, 0,5 ng/m; TE for installa-
tions burning more than 1 tonne per hour of medical

(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 (OJ C 25, 28.1.2000, p. 17) and Decision of the European
Parliament of 15 March 2000 (not yet published in the Official
Journal). Decision of
the European Parliament of 16 November
2000 and Decision of the Council of 20 November 2000.

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

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
binding limit values for the emission of particulate of
10 mg/m3 for hazardous and medical waste incineration
and for the emission of mercury of 0,05 mg/m3 for
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 poly-
cyclic aromatic hydrocarbons (PAHs) are carcinogenic.
Therefore, 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
Community. The precautionary principle provides the
basis for further measures. This Directive confines itself
to minimum requirements for incineration and co-incin-
eration plants.

the level of

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-
technical
taining of stringent operational conditions,
requirements and emission limit values for plants incin-
erating or co-incinerating waste within the Community.
The limit values set should prevent or limit as far as
practicable negative effects on the environment and the
resulting risks to human health.

The Communication from the Commission on the
review of the Community Strategy for waste manage-
ment 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 Strategy for waste management (6), the
Council reiterated its conviction that waste prevention
should be the first priority of any rational waste policy
in relation to minimising waste production and the
hazardous properties of waste.

(4)

(5)

(6)

(7)

(8)

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

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(9)

(10)

(11)

(12)

(13)

(14)

(15)

the

In its Resolution of 24 February 1997 the Council also
underlines
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
the
existing incineration plants, and the need for
Commission to consider amending Community legisla-
tion in relation to the incineration of waste with energy
recovery in order to avoid large-scale movements of
waste
co-incineration in the
Community.

incineration or

for

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.

The Communication from the Commission/energy for
the future: renewable sources of energy/White paper for
a Community strategy and action plan takes into consid-
eration in particular the use of biomass for energy
purposes.

the

aspects of

an installations

Council Directive 96/61/EC (1) sets out an integrated
approach to pollution prevention and control in which
all
environmental
performance are considered in an integrated manner.
Installations for the incineration of municipal waste with
a capacity exceeding 3 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.

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 require-
ments 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.

Industrial experience in the implementation of
tech-
niques for the reduction of polluting emissions from
incineration plants has been acquired over a period of
ten years.

Council Directives 89/369/EEC (2) and 89/429/EEC (3)
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 tech-
niques 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 (4) when implementing this Directive.

(18)

(19)

(20)

(21)

The incineration of hazardous waste with a content of
more than 1 % of halogenated organic substances,
expressed as chlorine, has to comply with certain opera-
tional conditions in order to destroy as many organic
pollutants such as dioxins as possible.

The incineration of waste which contains chlorine gener-
ates flue gas residues. Such residues should be managed
in a way that minimises their amount and harmfulness.

There may be grounds to provide for specified exemp-
tions to the emission limit values for some pollutants
during a specified time limit and subject to specific
conditions.

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.

(22) 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 (5). Therefore Directive 94/67/EC
should also be repealed.

(23) Article 4 of Council Directive 75/442/EEC of 15 July
1975 on waste (6) 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,

(1) OJ L 257, 10.10.1996, p. 26.
(2) OJ L 163, 14.6.1989, p. 32. Directive as last amended by the

Accession Act of 1994.

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

Accession Act of 1994.

(4) OJ L 163, 29.6.1999, p. 41.
(5) OJ L 365, 31.12.1994, p. 34.
(6) OJ L 194, 25.7.1975, p. 39. Directive as last amended by Commis-

sion Decision 350/96/EC (OJ L 135, 6.6.1996, p. 32).

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(24)

(25)

(26)

(27)

The requirements for recovering the heat generated by
the incineration or co-incineration process and for mini-
mising and recycling residues resulting from the opera-
tion of incineration or co-incineration plants will assist
in meeting the objectives of Article 3 on the waste
hierarchy of Directive 75/442/EEC.

Incineration and co-incineration plants treating only
animal waste regulated by Directive 90/667/EEC (1) are
excluded from the scope of this Directive. The Commis-
sion intends to propose a revision to the requirements of
Directive 90/667 with a view to providing for high
environmental standards for the incineration and co-
incineration of animal waste.

The permit for an incineration or co-incineration plant
shall also comply with any applicable requirements laid
down
96/61/EC,
96/62/EC (3), 76/464/EEC (4), and 1999/31/EC (5).

91/271/EEC (2),

in Directives

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.

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 poten-
tial effects on the environment and human health.

(32)

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 development of the state of tech-
nology, the progress achieved in emission control tech-
niques, and on the experience made in waste manage-
ment and operation of the plants and on the develop-
ment of environmental requirements, with a view to
proposing, as appropriate, to adapt the related provi-
sions of this Directive.

(33)

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).

(34) 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
and
dissuasive,

effective, proportionate

should

be

(28) High-standard measurement techniques are required to
monitor emissions to ensure compliance with the emis-
sion limit values for the pollutants.

(29)

(30)

(31)

The introduction of emission limit values
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.

for

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.

to ensure transparency of

In order
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 applica-
tions for new permits and their subsequent updates. The

(1) Council Directive 90/667/EEC of 27 November 1990,

laying down
the veterinary rules for the disposal and processing of animal waste,
for its placing on the market and for the prevention of pathogens
in feedstuffs of animal or fish origin and amending Directive 90/
425/EEC (OJ L 363, 27.12.1990, p. 51). Directive as last amended
by the Accession Act of 1994.

(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 96/62/EC of 27 September 1996 on ambient air
quality assessment and management (OJ L 296, 21.11.1996, p. 55).
(4) Council Directive 76/464/EEC of 4 May 1976 on pollution caused
by certain dangerous substances discharged into the aquatic environ-
ment of the Community (OJ L 129, 18.5.1976, p. 23). Directive as
last amended by the Accession Act of 1994.

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

L 182, 16.7.1999, p. 1).

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Objectives

The aim of this Directive is to prevent or to limit as far as
practicable negative effects on the environment, in particular
pollution by emissions into air, soil, surface water and ground-
water, and the resulting risks to human health, from the incin-
eration 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.

Article 2

Scope

This Directive covers incineration and co-incineration

1.
plants.

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

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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, if

the heat generated is recovered,

(iii) fibrous vegetable waste from virgin pulp production
and from production of paper from pulp,
if it is
co-incinerated at the place of production and the heat
generated is recovered,

(iv) wood waste with the exception of wood waste which
may contain halogenated organic compounds or
heavy metals as a result of treatment with wood-
preservatives or coating, and which includes in partic-
ular such wood waste originating from construction
and demolition waste,

(v) cork waste,

(vi) radioactive waste,

(vii) animal

carcasses

by Directive
90/667/EEC without prejudice to its future amende-
ments,

regulated

as

(viii) 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.

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).

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:

(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).

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

Accession Act of 1994.

(i) the mass content of polychlorinated aromatic
hydrocarbons,
biphenyls
(PCB) or pentachlorinated phenol (PCP) amounts
to concentrations not higher than those set out in
the relevant Community legislation;

polychlorinated

e.g.

(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
concentrations which are inconsistent with the
achievement 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 kilogramme,

(b) any combustible liquid wastes which cannot cause, in
the flue gas directly resulting from their combustion,
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;

3.

4.

‘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 20 01
that are collected separately at source and excluding the
other wastes indicated under heading 20 02 of that Annex;

‘incineration plant’ means any stationary or mobile tech-
nical unit and equipment dedicated to the thermal treat-
ment of wastes with or without recovery of the combus-
tion heat generated. This includes the incineration by
oxidation of waste as well as other thermal treatment
such as pyrolysis, gasification or plasma
processes
processes in so far as the substances resulting from the
treatment are subsequently incinerated.

including all

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

facilities for

incineration

operations,

recording

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

— in which waste is thermally treated for the purpose of

disposal.

(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
L
as
121,11.5.1999, p. 13).

amended by Directive 1999/32/EC (OJ

last

(4) Commission Decision 94/3/EC of 20 December 1993 establishing a
to Article 1a of Council Directive 75/

list of wastes pursuant
442/EEC on waste (OJ L 5, 7.1.1994, p. 15).

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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 pretreatment 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 incin-
eration conditions;

6.

‘existing co-incineration or co-incineration plant’ means an
incineration or co-incineration plant:

(a) which is in operation and has a permit in accordance
legislation before 28

with existing Community
December 2002, or,

(b) which is authorised or registered for incineration or
issued before 28
co-incineration and has a permit
December
existing
Community legislation, provided that the plant is put
into operation not later than 28 December 2003, or

accordance with

2002

in

(c) which, in the view of the competent authority, is the
subject of a full request
for a permit, before 28
December 2002, provided that the plant is put into
operation not later than 28 December 2004;

7.

8.

9.

‘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 partic-
ular, of the calorific value of the waste, expressed as the
quantity of waste incinerated per hour;

‘emission’ means
release of
the direct or
substances, vibrations, heat or noise from individual or
diffuse sources in the plant into the air, water or soil;

indirect

‘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;

10.

‘dioxins and furans’ means all polychlorinated dibenzo-p-
dioxins and dibenzofurans listed in Annex I;

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 dele-
gated;

12.

‘permit’ means a written decision (or several such deci-
sions) delivered by the competent authority granting
authorisation to operate a plant, subject to certain condi-
tions 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 treat-
ment of waste waters, spent catalysts and spent activated
carbon) defined as waste in Article 1(a) of Directive
75/442/EEC, which is generated by the incineration or
co-incineration process, the exhaust gas or waste water
treatment or other processes within the incineration or
co-incineration plant.

Article 4

Application and permit

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.

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:

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

(b) the heat generated during the incineration and co-incinera-
tion process is recovered as far as practicable e.g. through
combined heat and power, the generating of process steam
or district heating;

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

fulness and recycled where appropriate;

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

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 paragraphs 1 and 2.

The permit granted by the competent authority for an
4.
in addition to
incineration or co-incineration plant shall,
complying with any applicable requirement
laid down in
Directives 91/271/EEC, 96/61/EC, 96/62/EC, 76/464/EEC and
1999/31/EC:

(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 appro-
priate;

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

capacity of the plant;

measures shall meet at least the requirements set out in para-
graphs 3 and 4.

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

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

The permit granted by the competent authority to an
5.
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
their lowest and maximum calorific
hazardous wastes,
values and their maximum contents of 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.

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

8. Where the operator of an incineration or co-incineration
plant for non-hazardous waste is envisaging a change of opera-
tion 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.

9.
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 competent
authority shall take action to enforce compliance.

Article 5

Delivery and reception of waste

The operator of the incineration or co-incineration plant
1.
shall take all necessary precautions concerning the delivery and
reception of waste in order to prevent or to limit as far as
practicable negative effects on 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

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

(a) all

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

(b) the physical, and as far as practicable, chemical composi-
tion 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.

4.
Prior to accepting hazardous waste at the incineration or
co-incineration plant, at least the following reception proced-
ures 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;

(b) the taking of representative samples, unless inappropriate,
e.g. for infectious clinical waste, as far as possible before
unloading,
to verify conformity with the information
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.

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

Article 6

Operating conditions

1.
Incineration plants shall be operated in order to achieve 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 pretreatment shall be
used.

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

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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
the inner wall or at another representative point of
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 temperature has to be raised to
1 100 °C for at least two seconds.

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.

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.

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 homoge-
neous fashion and even under the most unfavourable condi-
tions, 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.

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.

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.

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.

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.

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.
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-incin-

6.
eration 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.

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

Article 7

Air emission limit values

4.
Conditions different from those laid down in paragraph 1
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,

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

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Co-incineration plants shall be designed, equipped, built
2.
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.

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

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

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

Article 8

Water discharges from the cleaning of exhaust gases

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

cleaning of

from the

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:

(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 treat-
ment, 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.

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

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 para-
graph 3(a);

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

for pH, temperature and flow.

Incineration and co-incineration plant sites,

7.
including
associated storage areas for wastes, shall be designed and 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 from spillage or fire-fighting operations.

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

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

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

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

Article 9

Residues

Residues resulting from the operation of the incineration or
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 techniques
used in order to monitor the parameters, conditions and mass
concentrations relevant to the incineration or co-incineration
process.

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

3.
The appropriate installation and the functioning of the
automated monitoring equipment for emissions into air and
water shall be subject to control and to an annual surveillance
test. 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 shall

4.
be laid down by the competent authority.

5.
Periodic measurements of the emissions into the air and
water shall be carried out in accordance with Annex III, points
1 and 2.

Article 11

Measurement requirements

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.

(a) continuous measurements of

the following substances:
NOx, provided that emission limit values are set, CO, total
;
dust, TOC, HCl, HF, SO2

(b) continuous measurements of the following process opera-
tion 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;

(c) at

least

two measurements per year of heavy metals,
dioxins and furans; one measurement at least every three
for the first 12
months shall however be carried out
months of operation. Member States may fix measurement
periods where they have set emission limit values for poly-
cyclic aromatic hydrocarbons or other pollutants.

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 emis-
sion limit value for HCl is not being exceeded. In this case the
emissions 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.
instead of continuous measuring may be
HCl, HF and SO2
authorised in the permit by the competent authority in incin-
eration 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.

The reduction of the frequency of the periodic measure-
7.
ments for heavy metals from twice a year to once every two
years and for dioxins and furans from twice a year to once
every year may be authorised in the permit by the competent
authority provided that the emissions resulting from co-incin-
eration or incineration are below 50 % of the emission limit
values determined according to Annex II or Annex V respec-
tively 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:

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(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 char-
acteristics, and which is further specified on the basis of the
assessment referred to in subparagraph (d);

(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;

(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.

8.
The results of the measurements made to verify compli-
ance 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 circum-
stances 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

All measurement results shall be recorded, processed and
9.
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.

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;

(b) either none of the half-hourly average values exceeds any of
the emission limit values set out in Annex V(b), column A
or, where relevant, 97 % of the half-hourly 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 emis-
sion 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 aver-
11.
ages 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 determined from
those validated average values.

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

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

13.
The Commission, acting in accordance with the proce-
dure laid down in Article 17, shall decide, as soon as appro-
priate measurement
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.

techniques

are

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;

(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 items 2 to 10 in Annex IV;

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(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.

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.

Article 12

Access to information and public participation

1. Without prejudice to Council Directive 90/313/EEC (1)
and Directive 96/61/EC, applications for new permits for incin-
eration and co-incineration plants shall be made available at
one or more locations accessible to the public, such as local
authority offices, for an appropriate period to enable it to
comment on them before the competent authority reaches a
decision. That decision, including at least a copy of the permit,
and any subsequent updates, shall also be made available to the
public.

2.
For incineration or co-incineration plants with a nominal
capacity of two tonnes or more 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 avail-
able to the public. This report shall, as a minimum require-
ment, give an account of the running of the process and the
emissions into air and water compared with the emission
standards in this Directive. A list of incineration or co-incinera-
tion plants with a nominal capacity of less than two tonnes per

(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 last amended by the Accession Act of 1994.

hour shall be drawn up by the competent authority and 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.

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

the incineration
3. Without prejudice to Article 6(3)(c),
plant or co-incineration plant or incineration line shall under
no circumstances continue to incinerate waste for a period of
more than four hours uninterrupted where emission limit
values are exceeded; moreover,
the cumulative duration of
operation in such conditions over one year shall be less than
60 hours. The 60-hour duration applies to those lines of the
entire plant which are linked to one single flue gas cleaning
device.

shall under no circumstances

The total dust content of the emissions into the air of an
4.
incineration plant
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 applica-
tion of this Directive, in particular for new plants, and on the
progress achieved in emission control techniques and experi-
ence in waste management. Furthermore, the report shall be
based on the development of the state of technology, of experi-
ence in the operation of the plants, of environmental require-
include a specific section on the
ments. This report will
application of Annex II.1.1. and in particular on the economic
and technical feasibility for existing cement kilns as referred to
in the footnote to Annex II.1.1. of respecting the NOx emission
limit value for new cement kilns set out in that Annex. The
report shall, as appropriate, be accompanied by proposals for
revision of the related provisions of this Directive. However,
the Commission shall, if appropriate, propose an amendment
for Annex II.3 before the said report, if major waste streams
are directed to types of co-incineration plants other than those
dealt with in Annex II.1 and II.2.

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Article 15

Reporting

Article 20

Transitional provisions

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 28
December 2002 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 elabo-
rate 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

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 28
December 2005.

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 28
December 2002.

3.
Stationary or mobile plants whose purpose is the genera-
tion of energy or production of material products and which
are in operation and have a permit in accordance with existing
Community legislation where required and which start co-
incinerating waste not later than 28 December 2004 are to be
regarded as existing co-incineration plants.

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 28 December 2002. They shall forth-
with inform the Commission thereof.

When Member States adopt those measures, they shall contain
a reference to this Directive or be accompanied by such refer-
ence 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.

The following shall be repealed as from 28 December 2005:

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

Article 22

Entry into force

(b) Directive 89/369/EEC;

(c) Directive 89/429/EEC;

(d) Directive 94/67/EC.

Article 19

Penalties

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

Article 23

Addressees

This Directive is addressed to the Member States.

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 28 December 2002 at
the latest and shall notify it without delay of any subsequent
amendment affecting them.

Done at Brussels, 4 December 2000.

For the European Parliament

For the Council

The President

N. FONTAINE

The President

F. VÉDRINE

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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:

Toxic equivalence factor

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

— Octachlorodibenzodioxin (OCDD)

— Tetrachlorodibenzofuran (TCDF)

— Pentachlorodibenzofuran (PeCDF)

— Pentachlorodibenzofuran (PeCDF)

— Hexachlorodibenzofuran (HxCDF)

— Hexachlorodibenzofuran (HxCDF)

— Hexachlorodibenzofuran (HxCDF)

— Hexachlorodibenzofuran (HxCDF)

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

— Heptachlorodibenzofuran (HpCDF)

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

— Heptachlorodibenzofuran (HpCDF)

— Octachlorodibenzofuran (OCDF)

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

L 332/104

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Official Journal of the European Communities

28.12.2000

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

ANNEX II

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 in 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 + Vproc1

= 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

V

proc

:

C
proc:

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 plant, the real oxygen content in the exhaust gas without being thinned by
addition of air unnecessary for the process must be used. The standardisation at the other conditions is given
in this Directive.

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

total emission limit values and oxygen content as laid down in the tables of this annex for certain industrial
sectors and certain pollutants or in case of the absence of such a table or such values total emission limit
values for CO and the relevant pollutants replacing the emission limit values as laid down in specific 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.

II.1.1. C — total emission limit values

Pollutant

Total dust

HCI

HF

NO

NO

x

x

for existing plants

for new plants

C

30

10

1

800

500 (1)

28.12.2000

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Official Journal of the European Communities

L 332/105

Pollutant

Cd + Tl

Hg

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

Dioxins and furans

C

0,05

0,05

0,5

0,1

(1) For the implementation of the NOx emission limit values, cement kilns which are in operation and have a permit in accordance with
existing Community legislation and which start co-incinerating waste after the date mentioned in Article 20(3) are not to be regarded as
new plants.

may be authorised by the competent authorities for existing wet process
Until 1 January 2008, exemptions for NO
x
cement kilns or cement kilns which burn less than three tonnes of waste per hour, provided that the permit foresees a
total emission limit value for NO
x

of not more than 1200 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.

II.1.2. C — total emission limit values for SO

2 and TOC

Pollutant

SO

2

TOC

C

50

10

Exemptions may be authorised by the competent authority in cases where TOC and SO2
incineration of waste.

do not result from the

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/EEC 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 (C
proc). 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.

C

:
proc

C

proc

for solid fuels expressed in mg/Nm3 (O

content 6 %):

2

Pollutants

< 50 MWth

50-100 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 %

NO

x

Dust

50

400

50

300

30

200

30

Until 1 January 2007 and without prejudice to relevant Community legislation, the emission limit value for NO
x
apply to plants only co-incinerating hazardous waste.

does not

L 332/106

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Official Journal of the European Communities

28.12.2000

and SO
2

may be authorised by the competent authorities for existing
Until 1 January 2008, exemptions for NO
x
co-incineration plants between 100 and 300 MWth using fluidised bed technology and burning solid fuels provided that
the permit foresees a C
proc 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 SO
2.
for biomass expressed in mg/Nm3 (O
2

Cproc
‘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 (v).

content 6 %):

Pollutants

< 50 MWth

50 to 100 MWth

100 to 300 MWth

> 300 MWth

SO2

NOx

Dust

50

200

350

50

200

300

30

200

300

30

Until 1 January 2008, exemptions for NO
x 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 C

value of not more than 350 mg/Nm3.

proc

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

NO

x

Dust

50

850

400

50

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

300

30

200

200

30

II.2.2. C — total emission limit values

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

Pollutant

Cd + Tl

Hg

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

C

0,05

0,05

0,5

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

Pollutant

Dioxins and furans

C

0,1

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

28.12.2000

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Official Journal of the European Communities

L 332/107

Pollutant

Dioxins and furans

C

0,1

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

Pollutant

Cd + Tl

Hg

C

0,05

0,05

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 %.

L 332/108

EN

Official Journal of the European Communities

28.12.2000

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. Mercury and its compounds, expressed as mercury (Hg)

3. Cadmium and its compounds, expressed as cadmium (Cd)

4. Thallium and its compounds, expressed as thallium (Tl)

5. Arsenic and its compounds, expressed as arsenic (As)

6. Lead and its compounds, expressed as lead (Pb)

7. Chromium and its compounds, expressed as chromium (Cr)

8. Copper and its compounds, expressed as copper (Cu)

9. Nickel and its compounds, expressed as nickel (Ni)

10. Zinc and its compounds, expressed as zinc (Zn)

11. 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 %
30 mg/l

100 %
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 mg/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.

28.12.2000

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Official Journal of the European Communities

L 332/109

ANNEX V

AIR EMISSION LIMIT VALUES

(a) Daily average values

Total dust

Gaseous and vaporous organic substances, expressed as
total organic carbon

Hydrogen chloride (HCl)

Hydrogen fluoride (HF)

Sulphur dioxide (SO2)

)
Nitrogen monoxide (NO) and nitrogen dioxide (NO
2
expressed as nitrogen dioxide for existing incineration
plants with a nominal capacity exceeding 6 tonnes per
hour or new incineration plants

Nitrogen monoxide (NO) and nitrogen dioxide (NO2),
expressed as nitrogen dioxide for existing incineration
plants with a nominal capacity of 6 tonnes per hour or
less

10 mg/m3

10 mg/m3

10 mg/m3

1 mg/m3

50 mg/m3

200 mg/m3 (*)

400 mg/m3 (*)

(*) 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 equal or less than 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

(100 %) A

(97 %) B

Total dust

30 mg/m3

Gaseous
and vaporous organic
expressed as total organic carbon

substances,

20 mg/m3

Hydrogen chloride (HCl)

Hydrogen fluoride (HF)

)
Sulphur dioxide (SO
2

Nitrogen monoxide (NO) and nitrogen dioxide
(NO
2), expressed as nitrogen dixoide for existing
incineration plants with a nominal capacity
exceeding 6 tonnes per hour or new incinera-
tion plants

60 mg/m3

4 mg/m3

200 mg/m3

10 mg/m3

10 mg/m3

10 mg/m3

2 mg/m3

50 mg/m3

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.

L 332/110

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Official Journal of the European Communities

28.12.2000

Until 1 January 2010, exemptions for NOx may be authorised by the competent authority for existing incineration
plants with a nominal capacity between 6 and 16 tonnes per hour, provided the half-hourly average value does not
exceed 600 mg/m3 for column A or 400 mg/m3 for column B.

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

Cadmium and its compounds, expressed as cadmium (Cd)

Thallium and its compounds, expressed as thallium (Tl)

total 0,05 mg/m3

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)

total 0,5 mg/m3

total 1 mg/m3 (*)

Copper and its compounds, expressed as copper (Cu)

Manganese and its compounds, expressed as manganese (Mn)

Nickel and its compounds, expressed as nickel (Ni)

Vanadium and its compounds, expressed as vanadium (V)

(*) Until 1 January 2007 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 6 hours and a maximum of 8 hours.
The emission limit value refers to the total concentration of dioxins and furans calculated using the concept
of toxic equivalence in accordance with Annex I.

Dioxins and furans

0,1 ng/m3

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

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

— 50 milligrams/m3 of combustion gas determined as daily average value;
— 150 milligrams/m3 of combustion gas of at least 95 % of all measurements determined as 10-minute average
values or 100 mg/m3 of combustion gas of all measurements determined as half-hourly average values taken in
any 24-hour period.

Exemptions may be authorised by the competent authority for incineration plants using fluidised bed technology,
provided that the 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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L 332/111

Formula to calculate the emission concentration at the standard percentage oxygen concentration

ANNEX VI

21 – OS
21 – OM

× EM

calculated emission concentration at the standard percentage oxygen concentration

E
S

=

ES =

E

M

O

S

O

M

= measured emission concentration

= standard oxygen concentration

= measured oxygen concentration