European Parliament legislative resolution on the common position adopted by the Council with a view to adopting a European Parliament and Council directive on the incineration of waste (11472/1/1999 - C5-0274/1999 - 1998/0289(COD))
29. 12. 2000 EN Official Journal of the European Communities C 377/149 COUNCIL COMMON POSITION Wednesday 15 March 2000 AMENDMENTS BY PARLIAMENT In drawing up the assessment and verification require- ments the objective of keeping costs to a strict minimum must be observed. This is particularly important in order to facilitate participation by SMEs in the Community eco- label system and thus to contribute to the wider dissemi- nation of the system. 9. Incinerating waste ***II A5-0056/2000 European Parliament legislative resolution on the common position adopted by the Council with a view to adopting a European Parliament and Council directive on the incineration of waste (11472/1/1999. C5-0274/1999. 1998/0289(COD)) (Codecision procedure: second reading) The European Parliament, having regard to the Council common position (11472/1/1999 C5-0274/1999) (1), having regard to its position at first reading (2) on the Commission proposal to Parliament and the Council (COM(1998) 558) (3), having regard to the Commission’s amended proposal (COM(1999) 330), having regard to Article 251(2) of the EC Treaty, having regard to Rule 80 of its Rules of Procedure, having regard to the recommendation for second reading of the Committee on the Environment, Public Health and Consumer Policy (A5-0056/2000), 1. 2. Amends the common position as follows; Instructs its President to forward its position to the Council and Commission. COUNCIL COMMON POSITION AMENDMENTS BY PARLIAMENT (Amendment 1) Recital 8a (new) (8a) A directive on waste management plans including plans for the presorting of waste intended for incineration is needed in order to supplement the Community strategy for waste management; (1) OJ C 25, 28. 1. 2000, p. 17. (2) OJ C 219, 30. 7. 1999, p. 249 and OJ C 279, 1. 10. 1999, p. 274. (3) OJ C 372, 2. 12. 1998, p. 11. C 377/150 Official Journal of the European Communities EN 29. 12. 2000 Wednesday 15 March 2000 COUNCIL COMMON POSITION AMENDMENTS BY PARLIAMENT (Amendment 2) Article 1 The aim of this Directive is to prevent or, where that is not prac- ticable, to reduce as far as possible negative effects on the environ- ment, in particular pollution by emissions into air, soil, surface water and groundwater, and the resulting risks to human health, from the incineration and co-incineration of waste. This aim shall be met by means of stringent operational condi- through setting emission tions and technical requirements, limit values for waste incineration and co-incineration plants within the Community and also through meeting the require- ments of Directive 75/442/EEC. The aim of this Directive is to prevent negative effects on the environment, in particular pollution by emissions into air, soil, surface water and groundwater, and the resulting risks to human health, from the incineration and co-incineration of waste. This aim shall be met by means of stringent operational condi- tions and technical requirements, through setting emission limit values for waste incineration and co-incineration plants within the Community and also through meeting the require- ments of Directive 75/442/EEC. The Directive is also intended to contribute towards attaining the overriding goal of European waste policy, particularly in terms of the waste management hierarchy: prevention, recycling, incineration with energy recovery and final disposal. (Amendment 3) Article 1, 2nd paragraph b (new) This Directive shall be without prejudice to other Community legislation on waste and on protecting the health and safety of workers at incineration plants. (Amendment 4) Article 2(2)(a)(ii) to (v) (ii) vegetable waste from the food processing industry, (iii) wood waste with the exception of: ! wood waste that may contain halogenated organic compounds or heavy metals as a result of treatment; ! treated wood originating from building and demolition waste, (iv) cork waste, (ii) vegetable waste from the food processing industry, if it is co-incinerated at the place of production and the heat generated is recovered, (iia) fibrous vegetable waste from sorting, screening and washing of virgin pulp and paper production, if it is co-incinerated at the place of production and the heat generated is recovered, (iii) wood waste with the exception of waste material which may contain halogenated organic compounds or heavy metals as a result of treatmentwith wood-preservatives or coating, and which includes such material originat- ing from construction and demolition waste, (iv) cork waste, (v) waste excluded from the scope of Directive 75/442/EEC pur- (v) radioactive waste, suant to Article 2(1) of that Directive, 29. 12. 2000 EN Official Journal of the European Communities C 377/151 COUNCIL COMMON POSITION Wednesday 15 March 2000 AMENDMENTS BY PARLIAMENT (Amendment 5) Article 4(2)(a) (a) the plant is designed, equipped and will be operated in such a manner that the requirements of this Directive are met, taking into account the categories of waste to be incinerated; (a) the plant is designed, equipped and will be operated in such a manner that the requirements of this Directive and other Community environmental legislation such as Framework Directive 96/62/EC on ambient air qual- ity assessment and management (1) are met, taking into account the categories of waste to be incinerated; (1) OJ L 296, 21. 11. 1996, p. 55. (Amendment 6) Article 4(2)(b) (b) the heat generated during the incineration and co-incinera- tion process is recovered as far as practicable; (b) the heat generated during the incineration and co-incinera- tion process is recovered as far as practicable, for example through combined heat and power, the generating of process steam or district heating; (Amendment 8) Article 4(8a)(new) 8a. If an incineration or co-incineration plant does not comply with the conditions of the permit, in particular with the emission limit values for air and water, the com- petent authority shall take action to enforce compliance. (Amendment 9) Article 5(1) 1. The operator of the incineration or co-incineration plant shall take all necessary precautions concerning the delivery and reception of waste in order to prevent or, where not practicable, reduce as far as possible negative effects to the environment, in particular the pollution of air, soil, surface water and ground- water as well as odours and noise, and direct risks to human health. These measures shall meet at least the requirements set out in paragraphs 3 and 4. 1. The operator of the incineration or co-incineration plant shall take all necessary precautions concerning the delivery and reception of waste in order to prevent negative effects to the environment, in particular the pollution of air, soil, surface water and groundwater as well as odours and noise, and direct risks to human health. These measures shall meet at least the requirements set out in paragraphs 3 and 4. (Amendment 10) Article 6(1), 1st subparagraph Incineration plants shall be operated in order to achieve a 1. level of incineration such that the slag and bottom ashes total organic carbon (TOC) content is less than 3 % or their loss on ignition is less than 5 % of the dry weight of the material. If necessary appropriate techniques of waste pre-treatment shall be used. Incineration plants shall be operated in order to achieve a 1. level of incineration such that the slag and bottom ashes total organic carbon (TOC) content, minus the content of elemen- tal carbon, is less than 3 % or their loss on ignition is less than 5 % of the dry weight of the material. If necessary appropriate techniques of waste pre-treatment shall be used. C 377/152 Official Journal of the European Communities EN 29. 12. 2000 Wednesday 15 March 2000 COUNCIL COMMON POSITION AMENDMENTS BY PARLIAMENT (Amendment 11) Article 6(1), 2nd subparagraph Incineration plants shall be designed, equipped, built and oper- ated in such a way that the gas resulting from the process is raised, after the last injection of combustion air, in a controlled and homogeneous fashion and even under the most unfavour- able conditions, to a temperature of 850 °C, as measured near the inner wall or at another representative point of the com- bustion chamber as authorised by the competent authority, for two seconds. If hazardous wastes with a content of more than 1 % of halogenated organic substances, expressed as chlorine, are incinerated, the temperature has to be raised to 1 100 °C. Incineration plants shall be designed, equipped, built and oper- ated in such a way that the gas resulting from the process is raised, after the last injection of combustion air, in a controlled and homogeneous fashion and even under the most unfavour- able conditions, to a temperature of 850 °C, as measured near the inner wall or at another representative point of the com- bustion chamber as authorised by the competent authority, for two seconds. If wastes with a content of more than 1 % of halogenated organic substances, expressed as chlorine, are incinerated, the temperature has to be raised to 1 100 °C for at least two seconds. (Amendment 13) Article 7(2), 2nd subparagraph If in a co-incineration plant more than 40 % of the resulting heat release comes from hazardous waste, the emission limit values set out in Annex V shall apply. If in a co-incineration plant more than 40 % of the resulting heat release comes from hazardous waste, or potentially hazardous waste, in Annex V shall apply. the emission limit values set out (Amendment 15) Article 8(2) 2. Discharges to the aquatic environment of waste water resulting from the cleaning of exhaust gases shall be limited as far as practicable, at least in accordance with the emission limit values set in Annex IV. 2. Discharges to the aquatic environment of waste water resulting from the cleaning of exhaust gases shall be limited as far as practicable, at least in accordance with the emission limit values set in Annex IV, and may under no circumstances stand in the way of the environmental quality objectives. (Amendment 17) Article 11(1) 1. Member States shall, either by specification in the condi- tions of the permit or by general binding rules, ensure that paragraphs 2 to 12 and 17, as regards air, and paragraphs 14 to 17, as regards water, are complied with. 1. Member States shall, either by specification in the condi- tions of the permit or by general binding rules, ensure that paragraphs 2 to 12 and 17, as regards air, and paragraphs 9 and 14 to 17, as regards water, are complied with. (Amendment 20) Article 12 Without prejudice to Council Directive 90/313/EEC and Direc- tive 96/61/EC, applications for new permits shall be made available to the public to enable it to comment on them before the competent authority reaches a decision. That decision, including at least a copy of the permit, and any subsequent updates, shall also be made available to the public. 1. Without prejudice to Council Directive 90/313/EEC and Directive 96/61/EC, applications for new permits for incinera- tion and co-incineration plants shall be made available at one or more locations accessible to the public, such as local authority offices and public libraries, for an appropri- ate period to enable the public to comment on them before the competent authority reaches a decision. That decision, including at least a copy of the permit, and any subsequent updates, shall also be made available to the public. 29. 12. 2000 EN Official Journal of the European Communities C 377/153 COUNCIL COMMON POSITION For incineration or co-incineration plants burning more than three tonnes per hour and notwithstanding Article 15(2) of Direc- tive 96/61/EC, an annual report to be provided by the operator to the competent authority on the functioning and monitoring of the plant shall be made available to the public. Wednesday 15 March 2000 AMENDMENTS BY PARLIAMENT Notwithstanding Article 15(2) of Directive 96/61/EC, for 2. incineration and co-incineration plants the operator shall pro- vide to the competent authority an annual environmental report on the functioning and monitoring of the plant. This report shall be made available to the public and shall, as a minimum requirement, give an account of the operation of the process and the emissions into air and water com- pared with the emission standards in this Directive. (Amendment 22) Article 16 The Commission shall, in accordance with the procedure laid down in Article 17, amend Articles 10, 11 and 13 and Annexes I and III in order to adapt them to technical progress or new findings concerning the health benefits of emission reductions. The Commission, in accordance with the procedure laid down in Article 17, shall amend Articles 10, 11 and 13 and Annexes I to V in order to adapt them to technical progress or new findings concerning the health benefits of emission reductions. (Amendment 25) Annex II. 1. 1 Pollutant Total Dust HCl HF NOX Cd + Tl Hg Sb + As + Pb + Cr + Co + Cu + Mn + Ni + V Dioxins and furans C 30 10 1 800 0,05 0,05 0,5 0,1 Pollutant Total Dust HCl HF NOX Cd + Tl Hg Sb + As + Pb + Cr + Co + Cu + Mn + Ni + V Dioxins and furans (1) (2) for old plants. for new plants. C 30 10 1 (1) 800, (2) 500 0,05 0,05 0,5 0,1 Until 1 January 2008, exemptions for NoX may be authorised by the competent authorities for existing wet process cement kilns or cement kilns which burn less than three tonnes of waste per hour, provided that the permit foresees a total emis- sion limit value for NOX of not more than 1 200 mg/m3. Until 1 January 2007, exemptions for NoX may be authorised by the competent authorities for existing wet process cement kilns or cement kilns which burn less than three tonnes of waste per hour, provided that the permit foresees a total emis- sion limit value for NOX of not more than 1 200 mg/m3. Until 1 January 2008, exemptions for dust may be authorised by the competent authority for cement kilns which burn less than three tonnes of waste per hour, provided that the permit foresees a total emission limit value of not more than 50 mg/m3. Until 1 January 2007, exemptions for dust may be authorised by the competent authority for cement kilns which burn less than three tonnes of waste per hour, provided that the permit foresees a total emission limit value of not more than 50 mg/m3