CELEX: 31994L0067
Language: en
Date: 1994-12-16 00:00:00
Title: Council Directive 94/67/EC of 16 December 1994 on the incineration of hazardous waste

Avis juridique important

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31994L0067

Council Directive 94/67/EC of 16 December 1994 on the incineration of hazardous waste  

Official Journal L 365 , 31/12/1994 P. 0034 - 0045 Finnish special edition: Chapter 15 Volume 14 P. 0186  Swedish special edition: Chapter 15 Volume 14 P. 0186 

COUNCIL DIRECTIVE 94/67/EC of 16 December 1994 on the incineration of hazardous wasteTHE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 103s (1)  thereof, Having regard to the proposal from the Commission (1), Having regard to the opinion of the Economic and Social Committee (2), Acting in accordance with the procedure laid down in Article 189c of the Treaty (3), Whereas the objectives and principles of the Community's environment policy as set out in Article  130r of the Treaty, aim in particular at preventing pollution, rectifying pollution by acting as a  priority at source, and applying the principle that the polluter should pay; Whereas Council resolution of 7 May 1990 on waste policy (4) invited the Commission to complete its  proposals on incinerators for industrial waste, as a matter of urgency; Whereas the incineration of hazardous waste gives rise to emissions which may cause pollution and  thereby, unless properly controlled, harm human health and the environment; whereas in some cases  there might be transboundary pollution; Whereas preventive action is therefore required to protect the environment against dangerous  emissions from the incineration of hazardous waste; Whereas the current differences in national provisions applicable to the incineration of hazardous  waste, and in some cases the absence of such provisions, justify action at Community level; Whereas, in accordance with Article 130t of the Treaty, the adoption of this Directive will not  prevent any Member State from maintaining or introducing more stringent measures for the protection  of the environment compatible with the Treaty; Whereas Article 4 of Council Directive 75/442/EEC of 15 July 1975 on waste (5), 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; whereas, to this end, Article 9 of  that Directive stipulates that any installation or undertaking treating waste must obtain a permit  from the competent authorities relating, inter alia, to the precautions to be taken; Whereas Articles 3 and 4 of Council Directive 84/360/EEC of 28 June 1984 on the combating of air  pollution from industrial plants (6), provide that prior authorization shall be required for the  operation of industrial plants belonging to listed categories among which are waste incineration  plants; Whereas the purpose of the incineration plants established and operated under this Directive is to  reduce the pollution-related risks of hazardous waste through a process of oxidation, to reduce the  quantity and volume of the waste and to produce residues that can be re-used or diposed of safely; Whereas a high level of environmental protection requires the setting and maintaining of  appropriate operating conditions and emission limit values for hazardous waste incineration plants  within the Community; whereas special provisions are necessary in the case of emissions of dioxins  and furans which it is essential to reduce by using the most progressive technology; Whereas high-standard measurement techniques are required to monitor emissions to ensure compliance  with the emission limit and guide values for the pollutants; Whereas integrated protection of the environment against emissions resulting from the incineration  of hazardous waste is required; whereas, therefore, aqueous waste resulting from the cleaning of  exhaust gases may be discharged after separate treatment only, in order to limit a transfer of  pollution from one environmental medium to another; whereas specific emission limit values for  pollutants in such aqueous waste should be established within two years of the date of entry into  force of this Directive; Whereas provisions should be laid down for cases where the emission limit values are exceeded as  well as for technically unavoidable stoppages, disturbances or failures of the purification  devices; Whereas the coincineration of hazardous waste in plants not primarily intended to incinerate  hazardous waste should not be allowed to cause higher emissions of polluting substances in that  part of the exhaust gas volume resulting from such coincineration and should therefore be subject  to appropriate limitations; Whereas, for better protection of human health and the environment, rapid adaptation of existing  incineration plants to the emission limit values laid down in this Directive is required so as to  avoid an increased transfer of hazardous wastes to such plants; Whereas a committee should be set up to assist the Commission in implementing this Directive and  adapting it to scientific and technical progress; Whereas the reports on the implementation of this Directive are an important element for informing  the Commission and Member States on the progress achieved in emission control techniques; Whereas proposals for the revision of the emission limit values and related provisions of this  Directive should be submitted to the Council before 31 December 2000 in the light of the expected  development of the state of technology, of experience in the operation of incineration plants and  of environmental requirements, HAS ADOPTED THIS DIRECTIVE: Article 1 1.  The aim of this Directive is to provide for measures and  procedures to prevent or, where that is not practicable, to reduce as fas as possible negative  effects on the environment, in particular the pollution of air, soil, surface and groundwater, and  the resulting risks to human health, from the incineration of hazardous waste and, to that end, to  set up and maintain appropriate operating conditions and emission limit values for hazardous waste  incineration plants within the Community. 2.  This Directive applies without prejudice to other relevant Community legislation, in particular  relating to waste and the protection of the health and safety of workers at incineration plants. Article 2 For the purposes of this Directive: 1. '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). The following hazardous wastes shall however be excluded from the scope of this Directive: - 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  three criteria: (i) the mass content of polychlorinated aromatic hydrocarbons, e.g. polychlorinated biphenyls (PCB)  or pentachlorinated phenol (PCP), amounts to concentrations not higher than those set out in the  relevant Community legislation; (ii) these wastes are not rendered hazardous by virtue of containing other constituents listed in  Annex II to Directive 91/689/EEC in quantities or in 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, - 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  75/716/EEC (3) or a higher concentration of emissions than those resulting from the combustion of  gasoil as so defined, - hazardous waste resulting from the exploration for and the exploitation of oil and gas resources  from off-shore installations and incinerated on board, - municipal waste covered by Directives 89/369/EEC (1) and 89/429/EEC (2), - sewage sludges from the treatment of municipal waste waters which are not rendered hazardous by  virtue of containing constituents listed in Annex II to Directive 91/689/EEC in quantities or in  concentrations, as defined by the Member States until the list of hazardous wastes referred to in  Article 1 (4) of that Directive is established, which are inconsistent with the achievement of the  objectives set out in Article 4 of Directive 75/442/EEC. This exlusion is without prejudice to  Directive 86/278/EEC (3); 2. 'incineration plant` means any technical equipment used for the incineration by oxidation of  hazardous wastes with or without recovery of the combustion heat generated, including pretreatment  as well as pyrolysis or other thermal treatment processes, e. g. plasma process, insofar as their  products are subsequently incinerated. This includes plants burning such wastes as a regular or  additional fuel for any industrial process. This definition covers the site and the entire installation comprising the waste reception, storage  and pretreatment facilities, the incinerator, its wastes, fuel and air-supply systems, exhaust gas  and waste water treatment facilities, and devices and systems for controlling incineration  operations and continuously recording and monitoring incineration conditions. The following plants are not covered by this definition: - incinerators for animal carcases or remains, - incinerators for infectious clinical waste provided that such waste is not rendered hazardous as  a result of the presence of other constituents listed in Annex II to Directive 91/689/EEC, or - municipal waste incinerators also burning infectious clinical waste which is not mixed with other  wastes which are rendered hazardous as a result of one of the other properties listed in Annex III  to Directive 91/689/EEC; 3. 'new incineration plant` means a plant for which the permit to operate is granted on or after  the date specified in Article 18 (1); 4. 'existing incineration plant` means a plant for which the original permit to operate is granted  before the date specified in Article 18 (1); 5. 'emission limit value` means the mass concentration of polluting substances which is not to be  exceeded in emissions from plants during a specified period; 6. 'operator` means any natural or legal person who operates the incineration plant, or who has or  has been delegated decisive economic power over it. Article 3 1.  The permit referred to in Articles 9 and 10 of Directive 75/442/EEC, in Article 11  of the said Directive, as complemented by Article 3 of Directive 91/689/EEC, and in Article 3 of  Directive 84/360/EEC shall be granted only if the application shows that the incineration plant is  designed, equipped and will be operated in such a manner that the appropriate preventive measures  against environmental pollution will be taken and the requirements provided for in Articles 5 to 12  of this Directive will be met. 2.  The permit granted by the competent authorities must explicitly list the types and quantities  of those hazardous wastes which may be treated in the incineration plant as well as the total  capacity of the incinerator. 3.  Where a plant not intended primarily to incinerate hazardous wastes is being fed with hazardous  wastes (coincineration), the resulting heat release from which is no higher than 40 % inclusive of  the total heat released in the plant at each moment of the operation, at least the following  Articles shall apply: - Articles 1 to 5, - Article 6 (1) and (5), - Article 7, including the provisions relating to the measurements referred to in Articles 10 and  11, - Article 9, - Articles 12, 13 and 14. 4.  The permit for coincineration as described in paragraph 3 shall be granted only if it is  demonstrated in the application: - that the hazardous waste burners are located and the waste fed in such a way as to achieve a  level of incineration as complete as possible, and - with calculations as laid down in Annex II that the provisions of Article 7 will be met. That permit shall explicitly list the types and quantities of those hazardous wastes which may be  coincinerated in the plant. It shall, moreover, specify the minimum and maximum mass flows of those  hazardous wastes, their lowest and maximum calorific values and their maximum contents of  pollutants, e.g. PCB, PCP, chlorine, fluorine, sulphur, heavy metals. The results of measurements carried out within six months after the start of operation, under the  most unfavourable conditions anticipated, shall show that the provisions of Article 7 are complied  with. For this period the competent authorities may grant exemptions from the percentage  requirement stipulated in paragraph 3. Article 4 Applications for permits and decisions of the competent authorities thereon, and the  results of the monitoring provided for in Article 11 of this Directive, shall be made available to  the public in accordance with Council Directive 90/313/EEC of 7 June 1990 on the freedom of access  to information on the environment (1). Article 5 1.  The operator shall take all necessary measures concerning the delivery and  reception of waste in order to prevent or, where that is not practicable, to reduce as far as  possible negative effects on the environment, in particular the pollution of air, soil, surface and  groundwater, and the risks to human health. These measures shall cover at least the requirements  set out in paragraphs 2 and 3. 2.  Prior to accepting the waste at the incineration plant, the operator shall have available a  description of the waste covering: - the physical, and as far as practicable, the chemical composition of the waste and all  information necessary to evaluate its suitability for the intended incineration process, - the hazard characteristics of the waste, the substances with which it cannot be mixed, and the  precautions to be taken in handling the waste. 3.  Prior to accepting the waste at the incineration plant, at least the following reception  procedures shall be carried out by the operator: - determination of the mass of the waste, - 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 (2) and by dangerous goods  transport regulations, - the taking of representative samples, unless inappropriate, as far as possible before unloading,  to verify conformity with the description provided for in paragraph 2 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. 4.  The competent authorities may grant exemptions from paragraphs 2 and 3 for industrial plants  and undertakings incinerating only their own waste at the place of production of the waste provided  that the same level of protection is met. Article 6 1.  Plants for the incineration of hazardous wastes shall be operated in order to  achieve a level of incineration as complete as possible. This may require the use of appropriate  techniques of waste pretreatment. 2.  All incineration plants shall be designed, equipped and operated in such a way that the gas  resulting from the incineration of the hazardous waste is raised, after the last injection of  combustion air, in a controlled and homogeneous fashion and even under the most unfavourable  conditions anticipated, to a temperature of at least 850 °C, as achieved at or near the inner wall  of the combustion chamber, for at least two seconds in the presence of at least 6 % oxygen; if  hazardous wastes with a content of more than 1 % of halogenated organic substances, expressed as  chlorine, are incinerated, the temperature has to be raised to at least 1 100 °C. When the furnace is fuelled with liquid hazardous waste only or with a mixture of gaseous  substances and powdered solids from a thermal pretreatment of hazardous waste under oxygen  deficiency, and when the gaseous part accounts for more than 50 % of the entire heat released, the  oxygen content after the last injection of combustion air shall amout to at least 3 %. 3.  All incineration plants shall be equipped with burners which switch on automatically when the  temperature of the combustion gases, after the last injection of combustion air, falls below the  relevant minimum temperature stated in paragraph 2. Such burners shall also be used during plant  start-up or shut-down operations in order to ensure that the relevant minimum temperature is  maintained while unburnt waste is in the combustion chamber. During start-up and shut-down or when the temperature of the combustion gases falls below the  relevant minimum temperature stated in paragraph 2, the burners must 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 Directive 75/716/EEC, liquefied gas or natural gas. It is mandatory to have and to operate a system to prevent hazardous waste feed: - at start-up, until the required minimum incineration temperature has been reached, - whenever the required minimum incineration temperature is not maintained, - whenever the continuous measurements required by Article 11 (1) (a) show that any emission limit  value is exceeded owing to disturbances or failures of the purification devices. 4.  Requirements different from those laid down in paragraph 2 and specified in the permit for  certain hazardous wastes may be authorized by the competent authorities. Such authorization shall  be conditional upon at least the provisions of Article 7 being complied with and the levels of  dioxins and furans emitted being lower or equivalent to those obtained by applying the requirements  laid down in paragraph 2 of the present Article. All operating conditions determined under the provisions of this paragraph and the results of  verifications made shall be communicated to the Commission as part of the information provided in  accordance with Article 17. 5.  During the operation of the incineration plant the following limit values for carbon monoxide  (CO) concentrations shall not be exceeded in the combustion gases: (a) 50 mg/m³ of combustion gas determined as daily average value; (b) 150 mg/m³ of combustion gas of at least 95 % of all measurements determined as 10-minute  average values or 100 mg/m³ of combustion gas of all measurements determined as half-hourly average  values taken in any 24-hour period. 6.  All incineration plants shall be designed, equipped 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 by means of a stack. The stack height shall be calculated in such a way as to safeguard human health and the  environment. Article 7 1.  Incineration plants shall be designed, equipped and operated in such a way that at  least the following emission limit values are not exceeded in the exhaust gases: (a) Daily average values: >TABLE>(b) Half-hourly average values: >TABLE>(c) All average values over the sample period of a minimum of 30 minutes and a  maximum of eight hours; >TABLE>These average values also cover the gaseous and the vapour forms of the relevant  heavy metal emissions as well as their compounds. 2.  The emission of dioxins and furans shall be reduced by the most progressive techniques. At the  latest from 1 January 1997, all average values measured over the sample period of a minimum of six  hours and a maximum of eight hours shall not exceed a limit value of 0,1 ng/m³ unless, at least six  months before that date, the availability of harmonized measurement methods has not been  established at Community level by the Commission acting in accordance with the procedure laid down  in Article 16. This limit value is defined as the sum of the concentrations of the individual  dioxins and furans evaluated in accordance with Annex I. Until the date of application of this limit value, Member States shall use this value at least as a  guide value. 3.  The results of the measurements made to verify compliance with the limit and guide values set  out in Article 6 and in this Article shall be standardized at the conditions laid down in Article  11 (2). 4.  Where hazardous wastes are co-incinerated in accordance with Article 3 (3), the provisions of  Article 6 (5) and paragraphs 1, 2 and 3 of this Article shall only apply, according to the criteria  laid down in Annex II, to that part of the volume of exhaust gas resulting from the incineration of  the hazardous wastes. Appropriate emission limit and guide values for the relevant pollutants emitted in the exhaust gas  of the plants referred to in Article 3 (3) shall be determined in accordance with Annex II. Article 8 1.  Any waste water discharged from an incineration plant shall be subject to a permit  granted by the competent authorities. 2.  Discharges to the aquatic environment of aqueous waste resulting from the cleaning of exhaust  gases shall be limited as far as possible. Subject to a specific provision in the permit, the aqueous wastes may be discharged after separate  treatment on condition that: - the requirements of relevant Community, national and local provisions are complied with in the  form of emission limit values, and - the mass of heavy metals, dioxins and furans contained in those aqueous wastes in relation to the  quantity of hazardous waste processed is reduced in such a way that the mass allowed to be  discharged to water is less than that allowed to be discharged into the air. 3.  Without prejudice to paragraph 2, the Council, acting on a proposal from the Commission, shall  establish within two years of the entry into force of this Directive a set of specific limit values  for the pollutants contained in the effluents from the cleaning of exhaust gases to be discharged. 4.  Incineration plant sites including associated storage areas for hazardous wastes shall be  designed and operated in such a way as to prevent the release of any polluting substance into soil  and groundwater following the provisions of Council Directive 80/68/EEC of 17 December 1979 on the  protection of groundwater against pollution caused by certain dangerous substances (1). Moreover,  storage capacity shall be provided for rainwater runoff from the incineration plant site or for  contaminated water arising from spillages or firefighting operations. This storage capacity shall  be adequate to ensure that such waters can be tested and treated before discharge where necessary. Article 9 1.  Residues resulting from the operation of the incineration plant shall be recovered  or disposed of in accordance with Directives 75/442/EEC and 91/689/EEC. This may require a  pretreatment of the residues. Such residues should be kept separate from each other pending  assessment of their recovery or disposal; in order to further facilitate these, the appropriate  technologies should be applied. 2.  Transport and intermediate storage of dry residues in the form of dust, e.g. boiler dust and  dry residues from the treatment of exhaust gases, shall take place in closed containers. 3.  Any heat generated by the incineration processes should be used as far as possible. 4.  Prior to determining the routes for the disposal or recovery of the residues from incineration,  appropriate tests shall be carried out to establish the physical and chemical characteristics and  the polluting potential of the different incineration residues. The analysis shall concern in  particular the soluble fraction and heavy metals. Article 10 1.  Measurement requirements in order to monitor in accordance with Article 11 the  parameters, conditions and mass concentrations of the pollutants relevant to the incineration  process shall be laid down in the permit or in the conditions attached to the permit issued by the  competent authorities or in the relevant general binding rules on measurement requirements. 2.  The permit shall only be granted if the application shows that the proposed measurement  techniques comply with Annex III. The values of the confidence interval (95 %) at the emission  limit values given in Article 6 (5) (a) and Article 7 (1) (a), Nos 1, 2, 3 and 5, shall not exceed  the values given in Annex III, point 4. The appropriate installation and the functioning of the automated monitoring equipment shall be  subject to control and to an annual surveillance test. 3.  The sampling and measurement procedures used to satisfy the obligations imposed for periodical  measurements of each air pollutant and the location of the sampling or measurement points shall be  specified in the permit granted by the competent authorities, or in the conditions attached to the  permit or in the relevant general binding rules on sampling and measurement procedures. The requirements for periodical measurements shall be fixed by the competent authorities in  accordance with Annex III. Article 11 1.  The following measurements shall be carried out in accordance with Annex III at  the incineration plant: (a) continuous measurements of the substances referred to in Article 6 (5) and Article 7 (1) (a)  and (b); (b) continuous measurements of the following process operation parameters: - temperature as referred to in Article 6 (2) and (4), - concentration of oxygen, pressure, temperature and water vapour content of the exhaust gas; (c) at least two measurements per year of the substances referred to in Article 7 (1) (c) and (2);  one measurement every two months shall however be carried out for the first 12 months of  operation; (d) the residence time, the relevant minimum temperature and the oxygen content of the exhaust  gases as specified in Article 6 (2) and (4) shall be subject to appropriate verification, at least  once when the incineration plant is brought into service and under the most unfavourable operating  conditions anticipated. The continuous measurement of HF may be omitted if treatment stages for HCl are used which make  sure that the emission limit value under Article 7 (1) (a) (3) and (1) (b) (3) is not being  exceeded. In this case the emissions of HF shall be subject to periodical measurements. The continuous measurement of the water vapour content shall not be necessary, provided that the  sampled exhaust gas is dried before the emissions are analysed. Measurements of the pollutants listed in Article 7 (1) shall not be necessary, provided that the  permit allows the incineration of only those hazardous wastes which cannot cause average values of  those pollutants higher than 10 % of the emission limit values set out in Article 7 (1). The Commission, acting in accordance with the procedure laid down in Article 16, shall decide, as  soon as appropriate measurement techniques are available within the Community, the date from which  continuous measurements of the substances referred to in Article 7 (1) (c) and (2) are to be  carried out in accordance with Annex III. 2.  The results of the measurements made to verify compliance with the emission limit and guide  values set out in Articles 6 and 7 shall be standardized at the following conditions: - Temperature 273 K, pressure 101,3 kPa, 11 % oxygen, dry gas, - Temperature 273 K, pressure 101,3 kPa, 3 % oxygen, dry gas, in case of incineration of waste oil  only as defined in Directive 75/439/EEC. When the hazardous wastes are incinerated in an oxygen-enriched atmosphere, the results of the  measurements can be standardized at an oxygen content laid down by the competent authorities  reflecting the special circumstances of the individual case. In a case covered by Article 3 (3),  the results of the measurements shall be standardized at a total oxygen content as calculated in  Annex II. When the emissions of pollutants are reduced by exhaust gas treatment, the standardization with  respect 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. 3.  The emission limit values are complied with if: - all the daily average values do not exceed the emission limit values set out in Article 6 (5) (a)  and Article 7 (1) (a), and either all the half-hourly average values over the year do not exceed the emission limit values set  out in column A of Article 7 (1) (b), or 97 % of the half-hourly average values over the year do not exceed the emission limit values set  out in column B of Article 7 (1) (b), - all average values over the sample period set out in Article 7 (1) (c) do not exceed the emission  limit values set out in that subparagraph, - the provisions of Article 6 (5) (b) are complied with. The average values determined within the periods referred to in Article 12 (2) shall be excluded  from the judgment on compliance. The half-hourly average values and the 10-minute averages shall be determined within the effective  operating time (including the start-up and shut-off periods when hazardous waste is being  incinerated) from the measured values after having subtracted the value of the confidence interval  specified in point 4 of Annex III. The daily average values shall be determined from those  validated average values. The average values over the sample period and, in the case of periodical measurements of HF, the  average values for HF shall be determined in accordance with the requirements of Article 10 (3). Article 12 1.  Should the measurements taken show that the emission limit values laid down in  this Directive have been exceeded, the competent authorities shall be informed without delay. The  plant concerned shall not continue to feed hazardous waste while failing to comply with emission  limit values, until such time as the competent authorities allow the resumption of the feeding of  such waste. 2.  The competent authorities shall lay down 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 of the regulated substances  may exceed the emission limit values laid down. Under no circumstances shall the plant continue to  incinerate hazardous waste for a time period of more than four hours uninterrupted; moreover, the  cumulative duration of operation in such conditions over one year shall be less than 60 hours. In case of a breakdown, the operator shall reduce or close down operations as soon as practicable  until normal operations can be restored. In plants covered by Article 3 (3) feeding of hazardous  wastes shall be stopped. The total dust content of the discharges shall under no circumstances exceed 150 mg/m³ expressed as  a half-hourly average; morever, the emission limit value laid down in Article 7 (1) (a) (2) and (1)  (b) (2) must not be exceeded. All other conditions referred to in Article 6 shall be complied  with. Article 13 1.  The provisions of this Directive shall apply to existing incineration plants  within three years and six months after the date specified in Article 18 (1). 2.  However, the operator may notify the competent authorities within six months after the date  specified in Article 18 (1) that the existing plant will not be operated for more than 20 000 hours  within a period of five years at maximum, starting from the operator's notification, before being  definitely shut down. In this case the provisions of paragraph 1 shall not apply. Article 14 Before 31 December 2000, and notably in the light of the expected development of the  state of technology, of experience in the operation of the plants, and of environmental  requirements, the Commission shall submit to the Council a report, based on experience of the  application of the Directive and on the progress achieved in emission control techniques,  accompanied by proposals for revision of the emission limit values and related provisions referred  to in this Directive. Any emission limit value established following such revision shall not apply to existing  incineration plants before 31 December 2006. Article 15 The Commission, acting in accordance with the procedure laid down in Article 16, shall  adopt the amendments required to adapt to technical progress the provisions of Articles 10 to 12  and Annexes I to III. Article 16 1.  The Commission shall be assisted by a committee composed of the representatives of  the Member States and chaired by the representative of the Commission. 2.  The representative of the Commission shall submit to the committee a draft of the measures to  be taken. The committee shall deliver its opinion on the draft within a time limit which the  chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the  majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is  required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the committee shall be weighted in the  manner set out in that Article. The chairman shall not vote. 3. (a) The Commission shall adopt the measures envisaged if they are in accordance with the opinion  of the committee. (b) If the measures envisaged are not in accordance with the opinion of the committee, or if no  opinion is delivered, the Commission shall, without delay, submit to the Council a proposal  relating to the measures to be taken. The Council shall act by a qualified majority. If, on the expiry of a period of three months from the date of referral to the Council, the Council  has not acted, the proposed measures shall be adopted by the Commission, save where the Council has  decided against the said measures by a simple majority. Article 17 The reports on the implementation of this Directive shall be established in accordance  with the procedure laid down in Article 5 of Directive 91/692/EEC. The first report shall cover the  first full three-year period after the entry into force of this Directive. Article 18 1.  Member States shall bring into force the laws, regulations and administrative  provisions necessary to comply with this Directive before 31 December 1996. They shall forthwith  inform the Commission thereof. When Member States adopt these measures, they shall contain a reference to this Directive or shall  be accompanied by such reference on the occasion of their official publication. The methods of  making such reference shall be laid down by Member States. 2.  Member States shall communicate to the Commission the texts of the provisions of domestic law  which they adopt in the field covered by this Directive. Article 19 This Directive shall enter into force on the day of its publication in the Official  Journal of the European Communities. Article 20 This Directive is addressed to the Member States. Done at Brussels, 16 December 1994. For the Council The President A. MERKEL (1) OJ No C 130, 21. 5. 1992, p. 1. (2) OJ No C 332, 16. 12. 1992, p. 49. (3) Opinion of the European Parliament of 10 March 1993 (OJ No C 115, 26. 4. 1993, p. 90). Council  common position of 11 July 1994 (OJ No C 232, 20. 8. 1994, p. 35) and Decision of the European  Parliament of 17 November 1994 (OJ No C 341, 5. 12. 1994). (4) OJ No C 122, 18. 5. 1990, p. 2. (5) OJ No L 194, 25. 7. 1975, p. 39. Directive as last amended by Directive 91/692/EEC (OJ No L  377, 31. 12. 1991, p. 48). (6) OJ No L 188, 16. 7. 1984, p. 20. Directive as amended by Directive 91/692/EEC. (1) OJ No L 377, 31. 12. 1991, p. 20. (2) OJ No L 194, 25. 7. 1975, p. 23. Directive as last amended by Directive 91/692/EEC. (3) Council Directive 75/716/EEC of 24 November 1975 on the approximation of the laws of the Member  States relating to the sulphur content of certain liquid fuels (OJ No L 307, 27. 11. 1975, p. 22).  Directive as last amended by Directive 91/692/EEC. (1) Council Directive 89/369/EEC of 8 June 1989 on the prevention of air pollution from new  municipal waste incinerations plants (OJ No L 163, 14. 6. 1989, p. 32). (2) Council Directive 89/429/EEC of 21 June 1989 on the reduction of air pollution from existing  municipal waste incinerations plants (OJ No L 203, 15. 7. 1989, p. 50). (3) Council Directive 86/278/EEC of 12 June 1986 on the protection of the environment and in  particular of the soil, when sewage sludge is used in agriculture (OJ No L 181, 4. 7. 1986, p. 6).  Directive as last amended by Directive 91/692/EEC. (1) OJ No L 158, 23. 6. 1990, p. 56. (2) OJ No L 30, 6. 2. 1993, p. 1. (*) New plants. (**) Existing plants. (1) OJ No L 20, 26. 1. 1980, p. 43. Directive as last amended by Directive 91/692/EEC.  ANNEX I EQUIVALENCE FACTORS FOR DIOXINS AND DIBENZOFURANS For the determination of the  summed value referred to in Article 7 (2) the mass concentrations of the following dioxins and  dibenzofurans have to be multiplied by the following equivalence factors before summing up (using  the concept of toxic equivalents). >TABLE> ANNEX II DETERMINATION OF EMISSION LIMIT AND GUIDE VALUES FOR THE COINCINERATION OF  HAZARDOUS WASTE The limit or guide value for each relevant pollutant and carbon monoxide in the  exhaust gas resulting from the coincineration of hazardous waste must be calculated as follows: Vwaste × Cwaste + Vproc × Cproc Vwaste + Vproc  = C Vwaste: exhaust gas volume resulting from the incineration of hazardous waste only determined from  the waste with the lowest calorific value specified in the permit and standardized at the  conditions given in Article 11 (2). 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. Cwaste: emission limit values set for plants intended to incinerate hazardous wastes only (at least  the emission limit values and guide value for the pollutants and carbon monoxide as laid down in  Article 7 (1) and (2) and Article 6 (5)). Vproc: exhaust gas volume resulting from the plant process including the combustion of the  authorized fuels normally used in the plant (hazardous wastes excluded) determined on the basis of  oxygen contents at which the emissions must be standardized 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  standardization at the other conditions is given in Article 11 (2). Cproc: emission limit values for 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 authorized fuels (hazardous 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. C: total emission limit value or guide value for CO and the relevant pollutants replacing the  emission limit values and the guide value as laid down in Article 6 (5) and in Article 7 (1) and  (2). The total oxygen content to replace the oxygen content for the standardization in Articles 6  and 7 is calculated on the basis of the content above respecting the partial volumes. Pollutants and CO not resulting directly from the incineration of hazardous wastes or from the  combustion of fuels e.g. from materials necessary for production or from products), as well as CO  directly resulting from such incineration or combustion if - the higher CO concentrations in the combustion gas are required by the production process, and - Cwaste (as defined above) for dioxins and furans is met, shall not be taken into account. In any case, given the authorized hazardous wastes which can be coincinerated, the total emission  limit value (C) must be calculated in such a way as to minimize the emissions into the  environment.  ANNEX III MEASUREMENT TECHNIQUES 1. Measurements for the determination of  concentrations of air pollutants in gas-carrying products 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 elaborated on the basis of orders placed by the Commission. While awaiting the  elaboration of the CEN-standards, national standards shall apply. 3. The procedure to monitor dioxins and furans can only be authorized if the detection limit for  the sampling and analysis of the individual dioxins and furans is sufficiently low to allow the  determination of a meaningful result in terms of toxicity equivalents. 4. The values of the 95 % confidence intervals determined at the emission limit values shall not  exceed the following percentages of the emission limit values: >TABLE>