No L 365/34 Official Journal of the European Communities 31.12. 94 COUNCIL DIRECTIVE 94/67/EC of 16 December 1994 on the incineration of hazardous waste THE 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), o Acting in accordance with the procedure laid down in Article 189¢ 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 () 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; ’ () OJ No C 130, 21. 5. 1992, p. 1. (») OJ No C 332, 16. 12. 1992, p. 49. {3) Opinion of the European Parliament of 10 March 1993 (O] No C 115, 26. 4. 1993, p. 90). Council common position of 11 July 1994 (O] No C 232, 20. 8. 1994, p. 35) and Decision of the European Parliament of 17 November 1994 (O] No C 341, 5. 12. 1994). (*) OJ No C 122, 18. 5. 1990, p. 2. ~ 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 (%), 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 (), 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; (°) OJ No L 194, 25. 7. 1975, p. 39. Directive as last amended by Directive 91/692/EEC (O] No L 377, 31. 12. 1991, p. 48). () OJ No L 188, 16. 7. 1984, p. 20. Directive as amended by Directive 91/692/EEC.