2006/329/EC: Commission Decision of  20 February 2006  laying down a questionnaire to be used for reporting on the implementation of Directive 2000/76/EC on the incineration of waste  (notified under document number C(2006) 438)   (Text with EEA relevance)
Date: 2006-02-20
Institutions: European Commission
Subjects: application of EU law, data collection, waste incineration, waste management

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II

(Acts whose publication is not obligatory)

COMMISSION

COMMISSION DECISION

of 20 February 2006

laying down a questionnaire to be used for reporting on the implementation of Directive
2000/76/EC on the incineration of waste

(notified under document number C(2006) 438)

(Text with EEA relevance)

(2006/329/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Directive 2000/76/EC of
the European
Parliament and of the Council of 4 December 2000 on the
incineration of waste (1) and, in particular, Article 15 thereof,

the period to 2006-2008 inclusive, the most appropriate
first
full reporting period is 1 January 2006 to 31
December 2008.

(4)

in this Decision are in
The measures provided for
accordance with the opinion of the Committee estab-
lished by Article 6 of Council Directive 91/692/EEC (2),

Whereas:

(1)

(2)

(3)

Member States had to implement Directive 2000/76/EC
before 28 December 2002 and will have to report about
the implementation in accordance with a questionnaire
to be developed by the Commission.

this questionnaire is,

The overall purpose of
through
Member States’ responses, to gather information on the
implementation of Directive 2000/76/EC, and to identify
approaches to regulating incineration and co-incineration
plants across Member States.

The reporting period has to cover the first full three years
after 28 December 2002, and has to be defined taking
the reporting requirements of Directive
into account
94/67/EC and 96/61/EC. Taking into account
that
Directive 2000/76/EC applies
to all existing
plants from 28 December 2005 onwards, and since the
overwhelming majority of plants operated in the EU
belong to the group of existing plants, and that
Directive 94/67/EC is
repealed as of 28 December
2005, and reporting under Directive 96/61/EC covers

in full

HAS ADOPTED THIS DECISION:

Article 1

1. Member States shall use the questionnaire laid down in
the Annex for reporting on the implementation of Directive
2000/76/EC in accordance with Article 15 thereof.

The first report shall cover the three year period starting
transmitted to the

2.
from 1 January 2006 and shall be
Commission by 30 September 2009 at the latest.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 20 February 2006.

For the Commission

Stavros DIMAS
Member of the Commission

(1) OJ L 332, 28.12.2000, p. 91.

(2) OJ L 377, 31.12.1991, p. 48

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ANNEX

Questionnaire to be used for reporting on the implementation of Directive 2000/76/EC on the incineration of
waste

Please note: Please provide references to identify information that has already been submitted to the Commission.

Article 2(1)

1. How many incineration plants and how many co-incineration plants in your Member

State fall within the scope of Directive 2000/76/EC?

IMPLEMENTATION OF THE DIRECTIVE

Article 3

2. Please describe any problems with the definitions given in Article 3 identified when

transposing and implementing the Directive?

Article 4(1)

3. How many permits have been issued in accordance with Article 4(1) for:

(a) new incineration plants?

(b) existing incineration plants?

(c) new co-incineration plants? and

(d) existing co-incineration plants?

Note: ‘Existing’ plants are as defined in Article 3 paragraph 6. ‘New’ plants are all other
plants.

4. Have any mobile plants received permits under this Directive?

5. How many incineration plants and how many co-incineration plants have yet to be

permitted in accordance with Article 4(1)?

Article 4(4)

6. Where these data are available,

indicate the total permitted capacities of waste

throughput for:

(a) new incineration plants;

(b) existing incineration plants;

(c) new co-incineration plants; and

(d) existing co-incineration plants.

7. What categories of waste (as set up within the European Waste Catalogue, if possible)

are being co-incinerated in cement plants?

8. What categories of waste (as set up within the European Waste Catalogue, if possible)

are being co-incinerated in:

(a) Combustion plants other than cement (e.g. power stations)?; and,

(b) Industrial sectors not covered under Annex II.1 or II.2 co-incinerating waste?

9. If these data are available, please identify the amounts of waste that may be co-incin-

erated in these plants.

Article 4(5)

10. What provisions are made within the permitting process for:

(a) Identifying the quantities and categories of hazardous waste that may be treated?

(b) The minimum and maximum flows of hazardous wastes to be treated?

(c) The range of calorific values of hazardous wastes permitted and restrictions on the
content of pollutants e.g. PCB, PCP, chlorine, fluorine, sulphur, heavy metals?

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Article 5(4)

11. What wastes have been considered to be ‘inappropriate’ for representative sampling?

Article 6(4)

12. With regard to the furnace gas residence times and temperatures as laid out

in

Article 6(1):

(a) Have any exemptions from the operating conditions been granted in accordance

with Article 6(4)? (Yes/No)

(b) If the answer to (a) is ‘yes’, how many exemptions have been granted?

(c) Where these data are available, please describe the reasoning for granting the dero-

gation(s) for each case including:

(i)

identification of the capacity of the incinerator or co-incinerator;

(ii)

the approximate age of the incinerator, or co-incinerator, or whether it is
‘existing’ plant as defined in article 3(6) or new plant;

(iii) the type of waste incinerated;

(iv) how the requirement to ensure that no more residues are produced compared
to, and that the content of organic pollutants in those residues is no more than
expected from, a non-exempted plant;

(v)

the operating conditions laid down in the permit; and

(vi) the emission limit values to be met by the individual plant.

Article 6(6)

13. For incineration plants:

Article 7(1)

Article 7(2)

(a) How many ‘existing’ plants recover heat generated by the incineration process?; and

(b) How many ‘new’ plants recover heat generated by the incineration process?

14. For co-incineration plants:

(a) How many ‘existing’ plants recover heat generated by the incineration process? and

(b) How many ‘new’ plants recover heat generated by the incineration process?

15. For incineration plants, what measures are in place (in addition to the report requested
under Article12(2),
if any) to ensure that plants are designed, equipped, built and
operated to so that the emission limit values (as set out in Annex V of the Directive)
are not exceeded?

16. For co-incineration plants, what measures are in place (in addition to the report
if any) to ensure that plants are designed, equipped,
requested under Article12 (2),
built and operated to so that the emission limit values (as set out in Annex II of the
Directive) are not exceeded?

17. For cement kilns co-incinerating waste, have any exemptions from the emission limits
for NOx, dust, SO2 or TOC been granted in accordance with Annex II.1? (Yes/No)

(a) If the answer is ‘yes’, how many exemptions have been granted? and

(b) Where these data are available, please describe the reasoning for granting the dero-

gation(s) for each case including:

(i)

Identification of the capacity of the plant;

(ii)

Identification of the age of the plant;

(iii) The type of waste co-incinerated;

(iv) The operating conditions laid down in the permit; and

(v) The emission limits values to be met by each plant.

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Article 7(2) & (4)

18. How many co-incineration plants are subject to the emission limits provided in Annex V
of the Directive (i.e. where co-incineration of untreated municipal waste is undertaken or
more than 40 % of the heat release results from the combustion of hazardous waste)?

Article 7(5)

19. For releases to air from incineration and co-incineration plants, have emission limit
values additional to those given in Annex II or Annex V, as appropriate, been set?
(Yes/No)

If ‘yes’ and where these data are available, please identify:

(a) The plants to which they apply (i.e. incineration or co-incineration).

(b) Which of these plants are ‘new’ or ‘existing’.

(c) The pollutants to which they apply.

(d) Why they are applied.

(e) The limit values.

(f) Whether they are monitored continuously or discontinuously.

Article 8(2), (3), (4) & (5)

20. How are emission limit values for discharges of waste water from flue gas cleaning

equipment to the aquatic environment determined?

Article 8(6)a

21. What provisions are made within the permitting process to control emissions of those

substances listed in Annex IV?

Article 8(6)b

22. What operational control parameters are set within the permitting process for waste

water discharges?

Article 8(7)

23. What provisions have been made to ensure protection of soil, surface waters or

groundwater in accordance with Article 8(7)?

24. What criteria are used to ensure that storage capacity is adequate for waters to be tested

and treated before discharge where necessary?

Article 8(8)

25. If emission limit values have been set for pollutants,

in addition to those pollutants

specified in Annex IV:

(a) To which plants do they apply (i.e.

‘existing’)?

incineration or co-incineration,

‘new’ or

(b) To which pollutants do these apply?

(c) Why are they applied? And

(d) What are the limit values?

Article 9

26. What provisions in general have been made to minimize the quantities and harmfulness

of residues resulting from incineration or co-incineration plants?

Article 10(1)

27. For incineration processes, what provisions have been made in order to monitor the

relevant parameters, conditions and mass concentrations?

28. For co-incineration processes, what provisions have been made in order to monitor the

relevant parameters, conditions and mass concentrations?

Article 11

29. What provisions are made within the permitting process to ensure compliance with the
provisions of Article 11 paragraphs 2 to 12 and 17, as regards air, and paragraphs 9
and 14 to 17 as regards water?

Article 11(11)

30. Please describe any official guidance that has been developed on producing validated

daily average emission data?

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Article 11(17)

31. What are the procedures for informing the competent authority in the event of breach

of an emission limit?

Article 12(1)

32. What arrangements are made to ensure public participation in the permitting process?

Article 12(1) & (2)

33. With regard to the availability of information throughout the permitting process:

(a) Is there any information related to environmental aspects not publicly available on

the application, decision process and subsequent permit?

(b) Where these data are available, please specify:

— Whether this information is available free of charge (Yes/no); and if ‘no’,

— The level of charges made, and in what circumstances these charges are applied.

Article 12(2)

34. For incineration plant with a nominal capacity of two tonnes or more per hour, what
provisions are made to require an operator to submit an annual report on the func-
tioning and monitoring of the plant to the competent authority?

35. For co-incineration plant with a nominal capacity of two tonnes or more per hour, what
provisions are made to require an operator to submit an annual report on the func-
tioning and monitoring of the plant to the competent authority?

36. If an Annual Report is provided:

(a) What information does this contain?

(b) How may a private citizen/member of the public view this report?

37. For incineration or co-incineration plant with a nominal capacity of less than two

tonnes per hour, how are these plants publicly identified?

Article 13(1)

38. What provisions are made within a permit to control the period of operation of an
incineration or co-incineration plant during abnormal operation (i.e. stoppages, distur-
bances or failure of abatement or monitoring equipment)?

39. For incineration and co-incineration processes what are the maximum permissible
periods of operation during abnormal operation (i.e. before the plant must shut down)?

Article 16

40. What information, if any, do you have to suggest that the Directive should be amended

with regards to Articles 10, 11 and 13 and, Annexes I and III.