DIRECTIVE 2000/76/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 4December 2000on the incineration of waste
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,and in particular Article 175(1)thereof,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 the Committee of the Regions (3),
Acting in accordance with the procedure laid down in Article 251of the Treaty (4),and in the light of the joint text approved by the Conciliation Committee on 11October 2000,Whereas:
(1)
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),ts as an objective that critical loads and levels of certain p
ollutants such as nitrogen oxides (NO x ),sulphur dioxide (SO 2),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 recognid health risks from air pollution.That Programme further ts as an objective a 90%reduction of dioxin emissions of identi-fied sources by 2005(1985level)and at least 70%reduction from all pathways of cadmium (Cd),mercury (Hg)and lead (Pb)emissions in 1995.
(2)
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 ts legally binding limit values for the emission of dioxins and furans of 0,1ng/m;TE (Toxicity Equiva-lents)for installations burning more than 3tonnes per hour of municipal solid waste,0,5ng/m;TE for installa-tions burning more than 1tonne per hour of medical
waste,and 0,2ng/m;TE for installations burning more than 1tonne per hour of hazardous waste.
(3)
The Protocol on Heavy Metals signed by the Community within the framework of the UN-ECE Conve
ntion on long-range transboundary air pollution ts legally binding limit values for the emission of particulate of 10mg/m 3for hazardous and medical waste incineration and for the emission of mercury of 0,05mg/m 3for hazardous waste incineration and 0,08mg/m 3for municipal waste incineration.
(4)
The International Agency for Rearch on Cancer and the World Health Organisation indicate that some poly-cyclic aromatic hydrocarbons (PAHs)are carcinogenic.Therefore,Member States may t emission limit values for PAHs among other pollutants.
(5)
In accordance with the principles of subsidiarity and proportionality as t out in Article 5of the Treaty,there is a need to take action at the level of the Community.The precautionary principle provides the basis for further measures.This Directive confines itlf to minimum requirements for incineration and co-incin-eration plants.
(6)
Further,Article 174provides that Community policy on the environment is to contribute to protecting human health.
(7)
Therefore,a high level of environmental protection and human health protection requires the tting and main-taining of stringent operational conditions,technical requirements and emission limit values for plants incin-erating or co-incinerating waste within the Community.The limit values t should prevent or limit as far as practicable negative effects on the environment and the resulting risks to human health.
(8)
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 reu and recovery and finally by safe disposal of waste;in its Resolution of 24February 1997on 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.
1p.6and 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 14April 1999(OJ C 219,30.7.1999,p.249),Council Common Position of 25November 1999(OJ C 25,28.1.2000,p.17)and Decision of the European Parliament of 15March 2000(not yet published in the Official Journal).Decision of the European Parliament of 16November 2000and Decision of the Council of 20November 2000.(5)OJ C 138,17.5.1993,p.1and OJ L 275,10.10.1998,p.1.
(6)OJ C 76,11.3.1997,p.1.
(9)In its Resolution of24February1997the Council also
同意退
underlines the importance of Community criteria
concerning the u of waste,the need for appropriate
emission standards to apply to incineration facilities,the
need for monitoring measures to be envisaged for
existing incineration plants,and the need for the
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 for incineration or co-incineration in the
Community.世界十大最毒的花
(10)It is necessary to t 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.
(11)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 u of biomass for energy
purpos.
(12)Council Directive96/61/EC(1)ts out an integrated
approach to pollution prevention and control in which
all the aspects of an installations environmental
performance are considered in an integrated manner.
Installations for the incineration of municipal waste with
a capacity exceeding3tonnes per hour and installations
for the disposal or recovery of hazardous waste with a
capacity exceeding10tonnes per day are included
within the scope of the said Directive.
(13)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 Directive96/61/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.
(14)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.
(15)Council Directives89/369/EEC(2)and89/429/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 tho Directives should accordingly
be repealed.(16)The distinction between hazardous and non-hazardous
waste is bad 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
Directive1999/30/EC of22April1999relating 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)The incineration of hazardous waste with a content of
more than1%of halogenated organic substances,
expresd as chlorine,has to comply with certain opera-
tional conditions in order to destroy as many organic
pollutants such as dioxins as possible.
(19)The incineration of waste which contains chlorine gener-
ates flue gas residues.Such residues should be managed
in a way that minimis their amount and harmfulness.
(20)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.
(21)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 of16December1994on the incineration of
hazardous waste(5).Therefore Directive94/67/EC
should also be repealed.
(23)Article4of Council Directive75/442/EEC of15July
1975on waste(6)requires Member States to take the
necessary measures to ensure that waste is recovered or
dispod of without endangering human health and
without harming the environment.To this end,Articles
9and10of that Directive provide that any plant or
undertaking treating waste must obtain a permit from
the competent authorities relating,inter alia,to the
precautions to be taken.
1p.26.
(2)OJ L163,14.6.1989,p.32.Directive as last amended by the
Accession Act of1994.(4)OJ L163,29.6.1999,p.41.
(5)OJ L365,31.12.1994,p.34.
(3)OJ L203,15.7.1989,p.50.Directive as last amended by the
Accession Act of1994.(6)OJ L194,25.7.1975,p.39.Directive as last amended by Commis-
sion Decision350/96/EC(OJ L135,6.6.1996,p.32).
(24)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 Article3on the waste
hierarchy of Directive75/442/EEC.
(25)Incineration and co-incineration plants treating only
animal waste regulated by Directive90/667/EEC(1)are
excluded from the scope of this Directive.The Commis-
sion intends to propo a revision to the requirements of
Directive90/667with a view to providing for high线描画花
environmental standards for the incineration and co-
incineration of animal waste.
(26)The permit for an incineration or co-incineration plant
shall also comply with any applicable requirements laid
down in Directives91/271/EEC(2),96/61/EC,
96/62/EC(3),76/464/EEC(4),and1999/31/EC(5).
(27)The co-incineration of waste in plants not primarily
intended to incinerate waste should not be allowed to
cau higher emissions of polluting substances in that
part of the exhaust gas volume resulting from such
co-incineration than tho permitted for dedicated incin-
eration plants and should therefore be subject to appro-
priate limitations.
(28)High-standard measurement techniques are required to
monitor emissions to ensure compliance with the emis-
sion limit values for the pollutants.
(29)The introduction of emission limit values for the
discharge of waste water from the cleaning of exhaust
gas from incineration and co-incineration plants will
limit a transfer of pollutants from the air into water.
(30)Provisions should be laid down for cas 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.
(31)In order to ensure transparency of 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 subquent updates.The
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 prent a report both to the
European Parliament and the Council bad 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-
小学生英语小故事
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
Decision1999/468/EC of28June1999laying down
the procedures for the exerci 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;tho
penalties should be effective,proportionate and
dissuasive,
HAVE ADOPTED THIS DIRECTIVE:
Article1
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.
网站推广方法This aim shall be met by means of stringent operational condi-tions and technical requirements,throu
gh tting emission limit values for waste incineration and co-incineration plants within the Community and also through meeting the require-ments of Directive75/442/EEC.
Article2顾城远和近
Scope
1.This Directive covers incineration and co-incineration plants.
(1)Council Directive90/667/EEC of27November1990,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 Directive90/
425/EEC(OJ L363,27.12.1990,p.51).Directive as last amended
by the Accession Act of1994.
(2)Council Directive91/271/EEC of21May1991concerning urban
waste-water treatment(OJ L135,30.5.1991,p.40).Directive as
amended by Directive98/15/EC(OJ L67,7.3.1998,p.29).
(3)Council Directive96/62/EC of27September1996on ambient air
quality asssment and management(OJ L296,21.11.1996,p.55).
(4)Council Directive76/464/EEC of4May1976on pollution caud
by certain dangerous substances discharged into the aquatic environ-
ment of the Community(OJ L129,18.5.1976,p.23).Directive as
last amended by the Accession Act of1994.
(5)Directive1999/31/EC of26April1999on the landfill of waste(OJ
L182,16.7.1999,p.1).(6)OJ L184,17.7.1999,p.23.
2.The following plants shall however be excluded from the 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花椒的作用与功效
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-prervatives 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 carcass as regulated by Directive
90/667/EEC without prejudice to its future amende-ments,(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 ud for rearch,development and
testing in order to improve the incineration process and which treat less than 50tonnes of waste per year.
Article 3Definitions
For the purpos 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 12December 1991on 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 1of Council Directive 75/439/EEC of 16June 1975on the disposal of waste oils (2)provided that they meet the following criteria:
(i)the mass content of polychlorinated aromatic hydrocarbons, e.g.polychlorinated biphenyls (PCB)or pentachlorinated phenol (PCP)amounts to concentrations not higher than tho t out in the relevant Community legislation;(ii)the 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 t out in Article 4of Directive 75/442/EEC;and (iii)the net calorific value amounts to at least 30MJ
per kilogramme,(b)any combustible liquid wastes which cannot cau,in
the flue gas directly resulting from their combustion,emissions other than tho from gasoil as defined in Article 1(1)of Directive 93/12/EEC (3)or a higher concentration of emissions than tho resulting from the combustion of gasoil as so defined;3.‘mixed municipal waste’means waste from houholds as well as commercial,industrial and institutional waste,which becau of its nature and composition is similar to waste from houholds,but excluding fractions indicated in the Annex to Decision 94/3/EC (4)under heading 2001that are collected parately at source and excluding the other wastes indicated under heading 2002of that Annex;4.‘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 process such as pyrolysis,gasification or plasma process in so far as the substances resulting from the treatment are subquently incinerated.This definition covers the site and the entire incineration plant including all incineration lines,waste reception,storag
e,on site pretreatment facilities,waste-fuel and air-supply systems,boiler,facilities for the treatment of exhaust gas,on-site facilities for treatment or storage of residues and waste water,stack,devices and systems for controlling incineration operations,recording and monitoring incineration conditions;
5.‘co-incineration plant’means any stationary or mobile plant who main purpo is the generation of energy or production of material products and:—which us wastes as a regular or additional fuel;or —in which waste is thermally treated for the purpo of disposal.
(3)Council Directive 93/12/EEC of 23March 1993relating to the sulphur content of certain liquid fuels (OJ L 74,27.3.1993,p.81).Directive as last amended by Directive 1999/32/EC (OJ L 121,11.5.1999,p.13).
(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).
(4)Commission Decision 94/3/EC of 20December 1993establishing a list of wastes pursuant to Article 1a of Council Directive 75/442/EEC on waste (OJ L 5,7.1.1994,p.15).
(2)OJ L 194,25.7.1975,p.23.Directive as last amended by the Accession Act of 1994.
If co-incineration takes place in such a way that the main purpo of the plant is not the generation o
f 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 point4.
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 gas, 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
with existing Community legislation before28
一塌糊涂的意思December2002,or,
(b)which is authorid or registered for incineration or
co-incineration and has a permit issued before28
December2002in accordance with existing
Community legislation,provided that the plant is put
into operation not later than28December2003,or
(c)which,in the view of the competent authority,is the
subject of a full request for a permit,before28
December2002,provided that the plant is put into
operation not later than28December2004;
7.‘nominal capacity’means the sum of the incineration
capacities of the furnaces of which an incineration plant is compod,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,expresd as the quantity of waste incinerated per hour;
8.‘emission’means the direct or indirect relea of
substances,vibrations,heat or noi from individual or diffu sources in the plant into the air,water or soil;
9.‘emission limit values’means the mass,expresd 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 veral 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,wage sludge from the treat-ment of waste waters,spent catalysts and spent activated carbon)defined as waste in Article1(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 process within the incineration or co-incineration plant.
Article4
Application and permit
1.Without prejudice to Article11of Directive75/442/EEC or to Article3of Directive91/689/EEC,no incineration or co-incineration plant shall operate without a permit to carry out the activities.
2.Without prejudice to Directive96/61/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 hrough combined heat and power,the generating of process steam or district heating;
(c)the residues will be minimid 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 propod measurement techniques for emissions into the air comply with Annex III and,as regards water,comply with Annex III paragraphs1and2.
4.The permit granted by the competent authority for an incineration or co-incineration plant shall,in addition to complying with any applicable requirement laid down in Directives91/271/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 u at least the categories of waste t up in the European Waste Catalogue(EWC),if possible,and contain information on the quantity of waste,where appro-priate;
