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EUROPEAN PARLIAMENT COMMITTEE ON THE ENVIRONMENT, PUBLIC HEALTH AND CONSUMER POLICY 7 February 2000 PE 232.378/32-86 AMENDMENTS 32-86 DRAFT RECOMMENDATION FOR SECOND READING by Hans BLOKLAND (PE 232.378) INCINERATION OF WASTE Proposal for a Directive 11472/1/1999 - C5-0274/1999 - 1998/0289(COD) Common position of the Council Amendments (Amendment 32 by Jillian Evans, Inger Schörling, Bart Staes, Marie Anne Isler Béguin, Patricia McKenna, Paul A.A.J.G. Lannoye, Alexander de Roo, Heidi Anneli Hautala, Hiltrud Breyer and Didier Rod) Recital 8a (new) (8a) Whereas the Commission is to bring forward a proposal for a directive on waste management plans including plans for the presorting of waste intended for incineration in order to supplement the Community strategy for waste management; Justification: This amendment highlights the fact that the avoidance of overcapacities in the planning of incineration plants, which are counterproductive to waste prevention, must be a future political priority of EU waste legislation. AM\402935EN.doc PE 232.378/32-86

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EUROPEAN PARLIAMENT

COMMITTEE ON THE ENVIRONMENT, PUBLIC HEALTH AND CONSUMER POLICY

7 February 2000 PE 232.378/32-86

AMENDMENTS 32-86

DRAFT RECOMMENDATION FOR SECOND READING by Hans BLOKLAND (PE 232.378)INCINERATION OF WASTE

Proposal for a Directive 11472/1/1999 - C5-0274/1999 - 1998/0289(COD)

Common position of the Council Amendments

(Amendment 32 by Jillian Evans, Inger Schörling, Bart Staes, Marie Anne Isler Béguin, Patricia McKenna, Paul A.A.J.G. Lannoye, Alexander de Roo, Heidi Anneli Hautala, Hiltrud Breyer and

Didier Rod)Recital 8a (new)

(8a) Whereas the Commission is to bring forward a proposal for a directive on waste management plans including plans for the presorting of waste intended for incineration in order to supplement the Community strategy for waste management;

Justification:This amendment highlights the fact that the avoidance of overcapacities in the planning of incineration plants, which are counterproductive to waste prevention, must be a future political priority of EU waste legislation.

Or. en

(Amendment 33 by Jillian Evans, Inger Schörling, Bart Staes, Marie Anne Isler Béguin, Patricia McKenna, Paul A.A.J.G. Lannoye, Alexander de Roo, Heidi Anneli Hautala, Hiltrud Breyer and

Didier Rod)Article 1, first paragraph

The aim of this Directive is to prevent or, where that is not practicable, to reduce as far as possible negative effects on the environment, in particular pollution by

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

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emissions into air, soil, surface water and groundwater, and the resulting risks to human health, from the incineration and co-incineration of waste.

resulting risks to human health, from the incineration and co-incineration of waste. The Directive is intended to contribute towards attaining the overriding goal of European waste policy, particularly in terms of the waste hierarchy: prevention, recycling, incineration with energy use and final disposal.

Justification:By referring explicitly to the waste hierarchy, this amendment aims to link the EU waste inciner-ation directive with overall EU waste legislation.

Or. en

(Amendment 34 by Maria del Pilar Ayuso González and Cristina Gutiérrez Cortines)Article 1, new paragraph

This directive shall be without prejudice to other Community legislation on waste and on protecting the health and safety of workers at incineration plants.

Justification:It is necessary to demarcate clearly the environmental objectives of the directive in relation to the objectives concerning the health and safety of workers in other provisions.

Or. es

(Amendment 35 by Jean Saint-Josse and Véronique Mathieu)Article 2(2)(a)

2. The following plants shall however be excluded from the scope of this Directive:

2. The following plants shall however be excluded from the scope of this Directive:

(a) Plants treating only the following wastes:

(a) Plants treating only the following wastes:

(i) vegetable waste from agriculture and forestry;

(i) vegetable waste from agriculture and forestry;

(ii) vegetable waste from the food processing industry;

(ii) vegetable waste from the food processing industry if it is co-incinerated at the place of production and the generated heat is recovered;(iia) fibrous vegetable waste from sorting, screening and washing of virgin pulp, if it is co-incinerated at the place of production and the generated heat is recovered;

(iii) wood waste with the exception of : (iii) wood and paper waste and residues from the industrial processing of wood, with the exception of :

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- wood waste that may contain halogenated organic compounds or heavy metals as a result of treatment;

- wood waste that may contain halogenated organic compounds or heavy metals as a result of treatment;

- treated wood originating from building and demolition waste,

- treated wood originating from building and demolition waste,

(iv) cork waste, (iv) cork waste,(v) waste excluded from the scope of Directive 75/442/EEC pursuant to Article   2(1) of that Directive ,

(v) radioactive waste,

(vi) waste resulting from the exploration for and the exploitation of oil and gas resources from off-shore installations and incinerated on board the installation;

(vi) waste resulting from the exploration for and the exploitation of oil and gas resources from off-shore installations and incinerated on board the installation;

Justification:Biomass is, rightly, excluded from the scope of the directive. However, in order to be consistent with other Community policies, the draft should extend the scope of its exclusions to ‘residues from the industrial processing of wood’.

Pulp and paper plants often produce their energy by burning a mixture of residues (secondary products) and other fuels, the residues constituting only a small part of the total. The limit values proposed are so stringent and the measures required so costly that they would penalise the management of secondary products (residues) by paper companies which, rather than reusing them, would be encouraged to dump the residues and replace them with fossil fuels for purposes of their energy production. Co-incineration of these residues from pulp and paper production is thus an element in sustainable waste management.

Or. fr(Amendment 36 by John Bowis)Article 2(2)(a)(ii) and (iia) (new)

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,

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 it is co-incinerated at the place of production and the generated heat 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 generated heat is recovered.

Or. en(Amendment 37 by Eija-Riitta Anneli Korhola and Françoise D. Grossetête)

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Article 2(2)(a)(iia) (new)

(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 generated heat is recovered.

Justification: In addition to the pulp industry, fibrous vegetable waste is produced in virgin paper plants, which furthermore are often integrated with pulp plants. This waste is converted to energy in the plants’ own boilers. The amount of energy produced in this way is significant for the energy economics of these industries. If this waste was not available for energy production, it would have to be replaced with fossil fuels. This would considerably increase CO2 emissions, contrary to the targets of the Kyoto protocol. Because of its natural composition, the fibrous waste from pulp and paper production would, when deposited in landfills, produce an additional increase in greenhouse gas emissions, thus further distancing the EU from the Kyoto targets. Dumping the waste in landfills would also contradict the recent landfill directive.

Or. en

(Amendment 38 by Per-Arne Arvidsson )Article 2(2)(a)(iia) (new)

(iia) biobased residues (waste) from the pulp and paper industries, if it is coincinerated at the place of production and the generated heat is recovered.

Or. en

(Amendment 39 by Riitta Myller )Article 2(2)(a)(iii)

(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,

(iii) Wood waste and fibrous waste from pulp and paper production with the exception of :

- wood and fibrous waste that may contain halogenated organic compounds or heavy metals as a result of treatment;

- treated wood originating from building and demolition waste,

Justification:Since wood waste and fibrous wastes from pulp and paper production are essentially similar, the

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same principles should apply to both.

Or. en(Amendment 40 by Emilia Franziska Müller)

Article 2(2)(a)(iii)

(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,

(iii) wood waste with the exception of:

- wood waste that may contain organic or halogenated organic compounds or heavy metals as a result of treatment with wood preservatives or on account of a coating;

- wood treated with wood preservatives originating from building and demolition waste,

Or. de(Amendment 41 by Caroline F. Jackson )

Article 2(2)(a)(iii)

(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,

(iii) Wood waste with the exception of :- wood waste that may contain

halogenated organic compounds or heavy metals as a result of treatment, including such waste generated from building and demolition waste,

Justification:"Treated wood" is too vague and broad a wording.

Or. en

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(Amendment 42 by Hans Blokland and Alexander de Roo)Article 3(2)

(2) "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 waste1.

For the following hazardous wastes, the specific requirements for hazardous waste in this Directive shall not apply:

(a) 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 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, (b) 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 93/12/EEC 1   or a higher concentration of emissions than those resulting from the combustion of gasoil as so defined;

(2) "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;

Delete

Delete

Delete

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Justification:Hazardous waste is defined in Directive 91/689/EEC. For that reason it is confusing and not justfied to use another definition in this Directive. The amended Commission proposal (COM(99)330) also follows Directive 91/689/EEC.

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Or. en

(Amendment 43 by David Bowe)Article 3(4), first paragraph

(4) "incineration plant" means any stationary or mobile technical unit and equipment dedicated to the thermal treatment of wastes with or without recovery of the combustion heat generated. This includes the incineration by oxidation of waste as well as other thermal treatment processes such as pyrolysis, gasification or plasma processes in so far as the substances resulting from the treatment are subsequently incinerated;

(4) "incineration plant" means any stationary or mobile technical unit and equipment dedicated to the thermal treatment of wastes with or without recovery of the combustion heat generated whereby the sole purpose of said incineration plant is the final destruction of solid and/or liquid waste. Pre-treatment processes including other thermal treatment processes such as pyrolysis, gasification or plasma processes to condition the water prior to incineration are included. Combustion plants, e.g. boiler plant, gas turbines, gas engines, for the purpose of generating power from gaseous products of pre-treatment are excluded, but subject to Council Directive 96/61/EEC;

Justification:To clearly define the scope of the Directive.

Or. en

(Amendment 44 by Hans Blokland )Article 3(5), first paragraph

(5) "co-incineration plant" means any stationary or mobile plant whose main purpose is the generation of energy or production of material products and:

- which uses wastes as a regular or additional fuel; or

- in which waste is thermally treated for the purpose of disposal.

(5) "co-incineration plant" means any stationary or mobile plant whose main purpose is the generation of energy or production of material products and which thermally treats wastes with the exception of:- the recovery of the metal content of

wastes which contain metals but which do not contain organic substances;

- the cleaning of tools; - the recovery of glass by melting; - the use of organic by-products in

refineries and chemical production plants, if those processes are within the production cycle of that site and lead to new organic products or intermediate products.

- The recovery of sulphuric acid.

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Justification:This amendment replaces Amendment 2. As in the other exclusions, the recovery of sulphuric acid cannot be regarded as incineration or co-incineration of waste (but it is thermal treatment).

Or. en

(Amendment 45 by Per-Arne Arvidsson)Article 3(5), first paragraph

"co-incineration plant" means any stationary or mobile plant whose main purpose is the generation of energy or production of material products and:

- which uses wastes as a regular or additional fuel; or - in which waste is thermally treated for the purpose of disposal.

"co-incineration plant" means any stationary or mobile plant whose main purpose is the generation of energy or production of material products and which burns waste, with the exception of:

- recovery of the metal content of wastes which contain metals but which do not contain organic substances,

- the cleaning of tools,

- the recovery of glass by melting,

- the use of organic by-products in refineries and chemical production plants, if those processes are within the production cycle of that site and lead to new organic products or semi-manufactures.

Or. sv

(Amendment 46 by Françoise D. Grossetête and Maria del Pilar Ayuso González)Article 3(5) first paragraph (new indent)

"co-incineration plant" means any stationary or mobile plant whose main purpose is the generation of energy or production of material products and:

- which uses wastes as a regular or additional fuel; or - in which waste is thermally treated for the purpose of disposal.

"co-incineration plant" means any stationary or mobile plant whose main purpose is the generation of energy or production of material products and:

- which uses wastes as a regular or additional fuel; or - in which waste is thermally treated for the purpose of disposal,- with the exception of plants which use waste as a substitute for raw materials.

Justification:The use of waste as a substitute for raw materials should by excluded from the definition of ‘co-

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incineration’. To exclude it as a matter of principle is preferable to drawing up a list, which is liable to be incomplete.

Or. fr(Amendment 47 by Karin Scheele )

Article 3(6)

(6) "existing 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 before …*, or,(b) which is authorised or registered for incineration or co-incineration and has a permit issued before …* in accordance with existing Community legislation, provided that the plant is put into operation not later than …**, or(c) which, in the view of the competent autority, is the subject of a full request for a permit, before …*, provided that the plant is put into operation not later than …***;

______ 2 years after the date of entry into

force of this Directive. 3 years after the date of entry into

force of this Directive. 4 years after the date of entry into

force of this Directive.

(6) "existing incineration or co-incineration plant" means a plant which is in operation and has a permit in accordance with existing Community legislation at the time when this Directive enters into force;

Or. de(Amendment 48 by Jillian Evans, Inger Schörling, Bart Staes, Marie Anne Isler Béguin, Patricia McKenna, Paul A.A.J.G. Lannoye, Alexander de Roo, Heidi Anneli Hautala, Hiltrud Breyer and

Didier Rod) 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 quality assessment and management( 1 )) are met, taking into account the categories of waste to be incinerated;

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( 1 ) OJ L 296, 21.11.1996, p. 55

Justification:This amendment aims to link two traditions of pollution control in the European Union: the emission control approach typical of legislation such as this directive and the ambient quality approach, as both have their respective shortcomings and strengths.

Or. en

(Amendment 49 by Jillian Evans, Inger Schörling, Bart Staes, Marie Anne Isler Béguin, Patricia McKenna, Paul A.A.J.G. Lannoye, Alexander de Roo, Heidi Anneli Hautala, Hiltrud Breyer and

Didier Rod) Article 4(3), add new paragraph

Permits shall be granted only if:- there is a regional waste plan pursuant

to Directive 91/156/EEC amending Directive 75/442/EEC on waste( 1 ),

- collection and recycling is required pursuant to Directives 94/62/EC on packaging and packaging waste( 2 ), .../.../EC on end-of-life vehicles( 3 ) and the forthcoming Directive on electronic waste,

- the region has implemented other measures to reduce the volume of waste,

- there are systems for sorting and phasing out dangerous components and if pre-sorting has been introduced,

- the programmed capacity does not exceed future demand.

______________

( 1 ) OJ L 78, 26.3.1991, p. 32.( 2 ) OJ L 365, 31.12.1994, p. 10.( 3 ) COM(97)0358.

Justification:In this amendment, the granting of a new permit is linked to several elements of EU waste policy, thus avoiding expensive overcapacities in incineration or co-incineration installations.

Or. en

(Amendment 50 by Karin Scheele) Article 4(4)

The permit granted by the competent authority for an incineration or co-

The permit granted by the competent authority for an incineration or co-

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incineration plant shall: incineration plant shall indicate:

a) list explicitly the categories of waste which may be treated. The list shall use at least the categories of waste set up in the European Waste Catalogue (EWC), if possible, and contain information on the quantity of waste, where appropriate;

b) include the total waste incinerating or co-incinerating capacity of the plant;

c) specify the sampling and measurement procedures used to satisfy the obligations imposed for periodic measurements of each air and water pollutants.

a) the categories of waste, as defined in accordance with the European Waste Catalogue (EWC), which may be treated;

b) the type and the mean and maximum throughputs of the waste whose incineration is permitted;

c) the minimum, mean and maximum throughputs of all regular fuels whose combustion is permitted;

d) the lowest, mean and highest lower calorific value of the wastes whose incineration is permitted;

e) the lowest, mean and highest lower calorific value of the regular fuels;

f) the mean, and maximum permitted, thermal output from the incineration of waste;

g) the total capacity (throughput) of the incineration plant;

h) the maximum total thermal output from fuel of the plant;

i) the nature and extent of entry controls for the wastes whose incineration is permitted;

j) sampling and measuring procedures for measurements of individual pollutants in air and water;

k) requirements applicable to measurements pursuant to Article 11(2)(b) to monitor operating data and parameters of relevance to the combustion process;

l) instructions on sampling and

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measurement sites;

m) the period during which the incineration plant may continue to be operated pursuant to Ar ticle 13;

n) the maximum permitted mass flow rates of flue gas and effluent.

o) The criteria for transportation to or from the plant of, and operation with, waste fuels (combustion chamber temperature, range for the oxygen content of flue gases, operating parameters of the flue gas cleaning installation such as the minimum water circulation in the scrubber, the temperature of the catalyst and the activated coke installation, etc.) shall be determined.

Or. de

(Amendment 51 by Torben Lund)Article 4(4)(a)

The permit granted by the competent authority for an incineration or co-incineration plant shall:

a) list explicitly the categories of waste which may be treated. The list shall use at least the categories of waste set up in the European Waste Catalogue (EWC), if possible, and contain information on the quantity of waste, where appropriate;

The permit granted by the competent authority for an incineration or co-incineration plant shall:

a) list explicitly the categories of waste which may be treated. PVC waste collected separately at source may not be incinerated in an incineration or co-incineration plant. The list shall use at least the categories of waste set up in the European Waste Catalogue (EWC), if possible, and contain information on the quantity of waste, where appropriate;

Justification:PVC is the biggest single source of chlorine in waste and constitutes half of such chlorine. Incineration of PVC causes problems during the incineration process and in the final disposal of residues. Pursuant to Article 4(2)(c), ‘the residues will be minimised in their amount and harmfulness’. Banning the incineration of pure fractions of PVC which have been collected separately at source is intended to eliminate one of the principal sources of dioxin formation from the process and help to reduce residues.

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(Amendment 52 by Hans Blokland, Françoise D. Grossetête and Alexander de Roo)Article 4(8a)(new)

8a. In the case of an incineration or co-incineration plant not complying with the conditions of the permit, in particular with the emission limit values for air and water, competent authorities shall take action to enforce compliance.

Justification:This amendment replaces Amendment 17. Article 4 concerning the permit conditions is a better place to regulate this.

Or. en(Amendment 53 by Karin Scheele)

Article 5(5)

5. The competent authorities may grant exemptions from paragraphs 2, 3 and 4 for industrial plants and undertakings incinerating or co-incinerating only their own waste at the place of generation of the waste provided that the requirements of this Directive are met.

Deleted.

Or. de

(Amendment 54 by Karin Scheele)Article 6(1) and (2)

(1) Incineration plants shall be operated in order to achieve a 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.

(1) Incineration and co-incineration plants shall be operated in order to achieve a 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 designed, equipped, built and operated 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 unfavourable

Incineration plants shall be designed, equipped, built and operated 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 unfavourable

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conditions, to a temperature of 850°C, as measured near the inner wall or at another representative point of the combustion 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.

conditions, to a temperature of 850°C, as measured near the inner wall or at another representative point of the combustion 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.

Each line of the incineration plant shall be equipped with at least one auxiliary burner. This burner must be switched on automatically when the temperature of the combustion gases after the last injection of combustion air falls below 850°C or 1 100°C as the case may be. It shall also be used during plant start-up and shut-down operations in order to ensure that the temperature of 850°C or 1 100°C as the case may be is maintained at all times during these operations and as long as unburned waste is in the combustion chamber.

Each line of the incineration plant shall be equipped with at least one auxiliary burner. This burner must be switched on automatically when the temperature of the combustion gases after the last injection of combustion air falls below 850°C or 1 100°C as the case may be. It shall also be used during plant start-up and shut-down operations in order to ensure that the temperature of 850°C or 1 100°C as the case may be is maintained at all times during these operations and as long as unburned waste is in the combustion chamber.

During start-up and shut-down or when the temperature of the combustion gas falls below 850 °C or 1 100 °C as the case may be, the auxiliary burner shall 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 Council Directive 75/716/EEC, liquefied gas or natural gas.

During start-up and shut-down or when the temperature of the combustion gas falls below 850 °C or 1 100 °C as the case may be, the auxiliary burner shall 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 Council Directive 75/716/EEC, liquefied gas or natural gas.

(2) Co-incineration plants shall be designed, equipped, built and operated in such a way that the gas resulting from the co-incineration of waste is raised in a controlled and homogeneous fashion and even under the most unfavourable conditions, to a temperature of 850   °C for two seconds. If hazardous wastes with a content of more than 1% of halogenated organic substances, expressed as chlorine, are co-incinerated, the temperature has to be raised to 1 100   °C .

Deleted.

Or. de(Amendment 55 by Emilia Franziska Müller)

Article 6(1), second paragraph

Incineration plants shall be designed, equipped, built and operated in such a way that the gas resulting from the process is raised, after the last injection of combustion

Incineration plants shall be designed, equipped, built and operated in such a way that the gas resulting from the process is raised, after the last injection of combustion

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air, in a controlled and homogeneous fashion and even under the most unfavourable conditions, to a temperature of 850°C, as measured near the inner wall or at another representative point of the combustion 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.

air, in a controlled and homogeneous fashion and even under the most unfavourable conditions, to a temperature of 850°C, as measured near the inner wall or at another representative point of the combustion chamber as authorised by the competent authority. 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.

Or. de

(Amendment 56 by Hans Blokland and Alexander de Roo)Article 6(6)

Any heat generated by the incineration or the co-incineration process shall be recovered as far as practicable.

Any heat generated by the incineration or the co-incineration process shall be recovered as far as practicable, e.g. through combined heat and power, the generation of process steam or district heating.

Justification:According to Amendment 3, techniques for energy recovery are also specified in the operating requirements.

Or. en

(Amendment 57 by Maria del Pilar Ayuso González and Cristina Gutiérrez Cortines)Article 7(2), second paragraph

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.

Deleted.

Justification:The 40% energy substitution limit on the use of waste as an alternative fuel at a co-incineration plant is neither environmentally nor technologically justified, no matter what the type of waste. Co-incineration plants cannot be equated with standard incineration plants.

Or. es(Amendment 58 by Torben Lund)

Article 7(2), second paragraph

If in a co-incineration plant more than 40% of the resulting heat release comes from

If in a co-incineration plant more than 40% of the resulting heat release comes from

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hazardous waste, the emission limit values set out in Annex V shall apply.

waste other than that referred to in Article 7(4), including hazardous waste, the emission limit values set out in Annex V shall apply.

Justification:In Recital 16 in its Common Position, the Council states that ‘the distinction between hazardous and non-hazardous waste is based 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 techniques and conditions of incineration or co-incineration and different monitoring measures upon reception of waste should be retained’.When more than 40% of the heat release at a co-incineration plant is derived from incineration of waste, there is no longer any reason to apply different conditions to a co-incineration plant than apply to incineration plants. Moreover, when such a large proportion of heat release comes from the incineration of waste, the savings for a co-incineration plant may be sufficient to pay for the necessary environmental protection measures to enable the same emission limits to be observed.

Or. da

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(Amendment 59 by Per-Arne Arvidsson)Article 7(2)

Does not affect the English version.

Or. sv

(Amendment 60 by Jillian Evans, Inger Schörling, Bart Staes, Marie Anne Isler Béguin, Patricia McKenna, Paul A.A.J.G. Lannoye, Alexander de Roo, Heidi Anneli Hautala, Hiltrud Breyer and

Didier Rod)Article 7(4)

In the case of co-incineration of untreated mixed municipal waste, the limit values will be determined according to Annex V, and Annex II will not apply.

In the case of co-incineration of untreated mixed municipal waste, the limit values will be determined according to Annex V, and Annex II will not apply. Mixed municipal waste that is dried, compressed, mixed with other materials or partially separated shall still be considered as untreated mixed municipal waste.

Justification:In order to avoid confusion with the definition ‘mixed municipal waste’ in Article 3(3), the word ‘untreated’ needs to be defined.

Or. en

(Amendment 61 by Hans Blokland, Françoise D. Grossetête and Alexander de Roo)Article 7(4)

In the case of co-incineration of untreated mixed municipal waste, the limit values will be determined according to Annex V, and Annex II will not apply.

In the case of co-incineration of mixed municipal waste, the limit values will be determined according to Annex V, and Annex II will not apply.

Justification:In accordance with the definition of ‘mixed municipal waste’ in Article 3(3) the word ‘untreated’ can be deleted to avoid confusion.

Or. en(Amendment 62 by Karin Scheele )

Article 7(4)

In the case of co-incineration of untreated mixed municipal waste, the limit values will be determined according to Annex V, and Annex II will not apply.

In the case of co-incineration of municipal waste, the limit values will be determined according to Annex V, and Annex II will not apply.

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Or. de

(Amendment 63 by Jillian Evans, Inger Schörling, Bart Staes, Marie Anne Isler Béguin, Patricia McKenna, Paul A.A.J.G. Lannoye, Alexander de Roo, Heidi Anneli Hautala, Hiltrud Breyer and

Didier Rod)Article 7(5a) (new)

5a. When revising Annex I in Framework Directive 96/62/EC on ambient air quality assessment and management, the Commission shall take account in particular of the atmospheric pollutants emitted by co-incineration and incineration plants.

Justification:EU air quality legislation is supposed to be reviewed in 2003, taking into account a more integrated approach. The European Commission should seriously consider developing daughter directives for pollutants emitted by co-incineration and incineration plants.

Or. en

(Amendment 64 by Jillian Evans, Inger Schörling, Bart Staes, Marie Anne Isler Béguin, Patricia McKenna, Paul A.A.J.G. Lannoye, Alexander de Roo, Heidi Anneli Hautala, Hiltrud Breyer and

Didier Rod)Article 9, first paragraph

Residues resulting from the operation of the incineration or co-incineration plant shall be minimised in their amount and harmfulness. Residues shall be recycled, where appropriate, directly in the plant or outside in accordance with relevant Community legislation.

Residues resulting from the operation of the incineration or co-incineration plant shall be prevented or at least minimised in their amount and harmfulness. Residues shall be recycled as far as possible directly in the plant or outside in accordance with relevant Community legislation and national provisions by using the best techniques available.

Justification:Residues are increasingly used in construction, infrastructure and other sectors as raw materials. Several basic criteria therefore need to be met, to avoid leaching of hazardous components or new ways of dispersion into the environment.

Or. en

(Amendment 65 by Hans Blokland and Alexander de Roo)Article 11(1) and (2)

1. Member States shall, either by specification in the conditions of the permit

1. Member States shall, either by specification in the conditions of the permit

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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.

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.

2. The following measurements of air pollutants shall be carried out in accordance with Annex III at the incineration and co-incineration plant:

2. The following measurements of air pollutants shall be carried out in accordance with Annex III at the incineration and co-incineration plant:

(a) continuous measurements of the following substances: NOx, provided that emission limit values are set, CO, total dust, TOC, HCl, HF, SO2;

(a) continuous measurements of the following substances: NOx, CO, total dust, TOC, HCl, HF, SO2, NH3 and Hg ;

(b) continuous measurements of the following process operation parameters: temperature near the inner wall or at another representative point of the combustion chamber as authorised by the competent authority, concentration of oxygen, pressure, temperature and water vapour content of the exhaust gas;

(b) continuous measurements of the following process operation parameters: temperature near the inner wall or at another representative point of the combustion chamber as authorised by the competent authority, concentration of oxygen, pressure, temperature and water vapour content of the exhaust gas;

(c) at least two measurements per year of heavy metals, dioxins and furans; one measurement at least every three months shall however be carried out for the first 12 months of operation. Member States may fix measurement periods where they have set emission limit values for polycyclic aromatic hydrocarbons or other pollutants.

(c) at least two measurements per year of heavy metals, dioxins and furans; one measurement at least every three months shall however be carried out for the first 12 months of operation. Member States may fix measurement periods where they have set emission limit values for polycyclic aromatic hydrocarbons or other pollutants.If more than one type of routine operation is allowed in the permit, then the most unfavourable routine operating conditions must be adequately represented during the periodic measurements. Within the permitted range, raw materials and fuels must be selected in such a way that measurements are performed under the worst case conditions.

(ca) Competent authorities shall set a requirement for continuous sampling of dioxins and furans as a permit condition if there are categories of waste used in the process or processes applied which are more likely to produce dioxins or the result of the periodic dioxin measurements justifies more extensive monitoring. The analysis of the samples must take place at least every 3 months.

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Justification:This amendment replaces Amendment 10. In Germany and Denmark there is already an obligation to carry out continuous mercury (Hg) measurements; in Denmark the same requirement also applies to ammonia (NH3). Continuous sampling of dioxins is already the practice in Belgium. It means that every month a cumulative sample is available for a dioxin measurement.

Or. en

(Amendment 66 by Eija-Riitta Anneli Korhola)Article 11(6)

Periodic measurements as laid down in paragraph 2(c) of HCl, HF and SO2 instead of continuous measuring may be authorised in the plant by the competent authority in incineration or co-incineration plants, if the operator can prove that the emissions of those pollutants can under no circumstances be higher than the prescribed emission limit values.

Periodic measurements as laid down in paragraph 2(c) of TOC, HCl, HF and SO2 instead of continuous measuring may be authorised in the plant by the competent authority in incineration or co-incineration plants, if the operator can prove that the emissions of those pollutants can under no circumstances be higher than the prescribed emission limit values.

Justification:Not only HCl, HF, and SO2 but also TOC should be eligible for exemptions from continuous flue gas measurements. Information about combustion efficiency, derived from the TOC measurements, can as reliably be derived by measuring CO. After all, according to the directive, CO has to be measured continuously.

Or. en(Amendment 67, by Maria del Pilar Ayuso González and Cristina Gutiérrez Cortines)

Article 11(8), last paragraph

When the emissions of pollutants are reduced by exhaust gas treatment in an incineration or co-incineration plant treating hazardous waste, the standardisation with respect to the oxygen contents provided for in the first subpararaph shall be done only if the oxygen content measured over the same period as for the pollutant concerned exceeds the relevant standard oxygen content.

Deleted.

Justification:This section of the Common Position penalises for technical reasons those plants which incinerate waste with the greatest energy efficiency.

Or. es

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(Amendment 68 by Hans Blokland and Alexander de Roo)Article 11(8), last paragraph

When the emissions of pollutants are reduced by exhaust gas treatment in an incineration or co-incineration plant treating hazardous waste, the standardisation 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. 

In an incineration or co-incineration plant treating waste, the standardisation 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. 

Justification:This amendment replaces the second part of Amendment 13. The first part of this paragraph is not necessary, but could be confusing. Since this Directive applies to the incineration of both hazardous and non-hazardous waste, the word ‘hazardous’ should be deleted.

Or. en(Amendment 69 by Karin Scheele)

Article 13(3)

Without prejudice to Article 6(3)(c), the incineration plant or co-incineration plant or incineration line shall under no circumstances continue to incinerate waste for a period of more than four hours uninterrupted where emission limit values are exceeded; moreover, the cumulative duration of operation in such conditions over one year shall be less than 60 hours. The 60-hour duration applies to those lines of the entire plant which are linked to one single flue gas cleaning device.

Without prejudice to Article 6(3)(c), the incineration plant or co-incineration plant or incineration line shall under no circumstances continue to incinerate waste for a period of more than two hours uninterrupted where emission limit values are exceeded; moreover, the cumulative duration of operation in such conditions over one year shall be less than 30 hours. The 30-hour duration applies to those lines of the entire plant which are linked to one single flue gas cleaning device.

Or. de

(Amendment 70 by Hans Blokland and Alexander de Roo)Article 15

The reports on the implementation of this Directive shall be established in accordance with the procedure laid down in Article 5 of Council Directive 91/692/EEC. The first report shall cover at least the first full three-year period after * and comply with the periods referred to in Article 17 of Directive

The reports on the implementation of this Directive shall be established in accordance with the procedure laid down in Article 5 of Council Directive 91/692/EEC. The first report shall cover at least the first full three-year period after * and comply with the periods referred to in Article 17 of Directive

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94/67/EC and in Article 16(3) of Directive 96/61/EC. To this effect, the Commission shall elaborate the appropriate questionnaire in due time.

2 years after the date of entry into force of this Directive.

94/67/EC and in Article 16(3) of Directive 96/61/EC. To this effect, the Commission shall elaborate the appropriate questionnaire in due time.The report shall be submitted to Parliament. In addition the Commission shall report to Parliament every three years on the changes that are necessary pursuant to Article 16.

2 years after the date of entry into force of this Directive.

Justification:This amendment replaces Amendment 20. Some words, which are covered by the first part of the paragraph, are deleted.

Or. en

(Amendment 71 by Karin Scheele)Article 20

1. Without prejudice to the specific transitional provisions provided for in the Annexes to this Directive, the provisions of this Directive shall apply to existing plants as from …   *.

2. For new plants, i.e. plants not falling under the definition of ‘existing incineration or co-incineration plant’ in Article   3(6) or paragraph 3 of this Article, this Directive, instead of the Directives mentioned in Article 18 shall apply as from…**.

3. Stationary or mobile plants whose purpose is the generation of energy or production of material products and which are in operation and have a permit in accordance with existing Community legislation where required and which start co-incinerating waste not later than…   *** are to be regarded as existing co-incineration plants.

5 years after the date of entry into force of this Directive.

2 years after the date of entry into

Deleted.

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force of this Directive. 4 years after the date of entry into force

of this Directive.

Or. de

(Amendment 72 by Jillian Evans, Inger Schörling, Bart Staes, Marie Anne Isler Béguin, Patricia McKenna, Paul A.A.J.G. Lannoye, Alexander de Roo, Heidi Anneli Hautala, Hiltrud Breyer and

Didier Rod)Annex II

Cproc: emission limit values as laid down in the tables of this annex for certain industrial sectors or in case of the absence of such a table or such values, emission limit values of 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 authorised fuels (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.

Cproc: emission limit values as laid down in the tables of this annex for certain industrial sectors or in case of the absence of such a table or such values, the real mass concentrations of the relevant pollutant in the flue gas originating from the process when no waste is co-incinerated.

Justification:This definition of Cproc applies the equality principle to both incineration and co-incineration plants.

Or. en

(Amendment 73 by Karin Scheele)Annex II.1.1

Pollutant C Pollutant CTotal Dust 30 Total Dust 15HCl 10 HCl 10HF 1 HF 1NOx 800 NOx 200Cd + Tl 0,05 CO 50Hg 0,05 Cd + Tl 0,05Sb + As + Pb + Cr + Co + Cu + Mn +Ni + V

0,5Hg 0,05

Dioxins and furans 0,1 Sb + As + Pb + Cr + Co + Cu + Mn +Ni + V

0,5

Dioxins and furans 0,1

Until 1   January 2008, exemptions for NOx may be authorised by the

Deleted.

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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 emission limit value for NOx of not more than 1200   mg/m 3 .

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 of not more than 50 mg/m 3 .

Or. de

(Amendment 74 by Peter Liese)Annex II.1.1

Pollutant C Pollutant CTotal Dust 30 Total Dust 30HCl 10 HCl 10HF 1 HF 1NOx 800 NOx 800 for old

plants500 for new

plantsCd + Tl 0,05 Cd + Tl 0,05Hg 0,05 Hg 0,05Sb + As + Pb + Cr + Co + Cu + Mn +Ni + V

0,5 Sb + As + Pb + Cr + Co + Cu + Mn +Ni + V

0,05

Dioxins and furans 0,1 Dioxins and furans 0,1

Or. de

(Amendment 75 by Maria del Pilar Ayuso González and Cristina Gutiérrez Cortines) Annex II.1.1,C

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 emission limit value for NOx of not more than 1200 mg/m3.

Until 1 January 2008, exemptions for dust may be authorised by the competent authority for cement kilns which burn less

Until 1 January 2010, 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 emission limit value for NOx of not more than 1200 mg/m3.

Until 1 January 2010, exemptions for dust may be authorised by the competent authority for cement kilns which burn less

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than three tonnes of waste per hour, provided that the permit foresees a total emission limit of not more than 50 mg/m3.

than three tonnes of waste per hour, provided that the permit foresees a total emission limit of not more than 50 mg/m3.

Justification:The cement industry has invested large amounts of capital. Long periods are required to write off these investments, and transitional periods longer than those provided for in the Common Position of the Council are therefore proposed.

Or. es

(Amendment 76 by Riitta Myller)Annex II.1.1

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 emission limit value for NOx of not more than 1200 mg/m3.

Until 1 January 2006, 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 emission limit value for NOx of not more than 1200 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 of not more than 50 mg/m 3 .

Until 1 January 2006, the limit value for NOx shall not apply to co-incineration plants where only hazardous waste is incinerated, without prejudice to compliance with other Community legislation.

Or. fi

(Amendment 77 by Eija-Riitta Anneli Korhola)Annex II.1.1

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 emission limit value for NOx of not more than 1200 mg/m3.

Until 1 January 2008, exemptions

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 emission limit value for NOx of not more than 1200 mg/m3; without prejudice to relevant Community legislation, the emission limit value for NOx does not apply to installations which only co-incinerate hazardous wastes.

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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; without prejudice to relevant Community legislation, the exemptions for dust do not apply to installations which co-incinerate hazardous wastes.

Justification:The directive in question is not due to enter into force until 2005, which would be followed by a two-year period of exemptions as proposed by this amendment.

The amendment redefines the exemptions proposed by the Council:Since it is essential to allow for conditions where hazardous materials are properly burnt, the emission limit value for NOx does not apply to minor installations that only co-incinerate hazardous waste. Since it cannot be guaranteed that the emissions are free from hazardous particles, the exemptions for dust do not apply to minor installations that co-incinerate hazardous waste .

Or. en

(Amendment 78 by Karin Scheele)Annex II.1.2

Exemptions may be authorised by the competent authority in cases where TOC and SO2 do not result from the incineration of waste.

Deleted.

Or. de

(Amendment 79 by Karin Scheele)Annex II.1.3

11.1.3 Emission limit value for CO

Emission limit values for CO can be set by the competent authority.

Deleted

Or. de(Amendment 80 by Eija-Riitta Anneli Korhola)

Annex II.2.1

Council common position

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II.2.1 Daily average values

Without prejudice to Directive 88/609/EEC and in the case where, for large combustion plants, more stringent emission limit values are set according to future Community legislation, the latter shall replace, for the plants and pollutants concerned, the emission limit values as laid down in the following tables (Cproc). In that case, the following tables shall be adapted to these more stringent emission limit values in accordance with the procedure laid down in Article 17 without delay.

Half-hourly average values shall only be needed in view of calculating the daily average values.Cproc: Cproc for solid fuels expressed in mg/Nm3 (O2 content 6%):Pollutants <

50MWth50 to 100 MWth 100 to 300

MWth> 300 MWth

SO2

General case

Indigenous fuels

850

or rate of desulphurisation 90%

850 to 200(linear decrease from 100 to 300 MWth)or rate of desulphurisation 92%

200

or rate of desulphurisation 95%

NOx 400 300 200Dust 50 50 30 30

Until 1 January 2007 and without prejudice to relevant Community legislation, the emission limit value for NOx does not apply to plants only co-incinerating hazardous waste.

Until 1   January 2008, exemptions for NOx and SO 2 may be authorised by the competent authorities for existing co-incineration plants between 100 and 300 MWth using fluidised bed technology and burning solid fuels provided that the permit foresees a Cproc value of not more than 350 mg/Nm 3 for NOx and not more than 850 to 400   mg/Nm 3 (linear decrease from 100 to 300 MWth) for SO2.

Cproc for biomass expressed in mg/Nm3 (O2 content 6%):

“Biomass” means: products consisting of any whole or part of a vegetable matter from agriculture or forestry, which can be used for the purpose of recovering its energy content as well as wastes listed in Article 2(2)(a)(i) to (iv). 

Pollutants < 50MWth 50 –100 MWth 100 – 300 MWth > 300 MWthSO2 200 200 200NOx 350 300 300Dust 50 50 30 30

Until 1   January 2008, exemptions for NOx may be authorised by the competent authorities for existing co-incineration plants between 100 and 300 MWth using fluidised bed technology and burning biomass provided that the permit foresees a Cproc value of not more than 350 mg/Nm 3 . AM\402935EN.doc 27/32 PE 232.378/32-86

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Cproc for liquid fuels expressed in mg/Nm3 (O2 content 3%):Pollutants < 50MWth 50 to 100

MWth100 to 300 MWth > 300 MWth

SO2 850 850 to 200(linear decrease from100 to 300 MWth)

200

NOx 400 300 200Dust 50 50 30 30

Amendment by Parliament

II.2.1 Daily average values

Without prejudice to Directive 88/609/EEC and in the case where, for large combustion plants, more stringent emission limit values are set according to future Community legislation, the latter shall replace, for the plants and pollutants concerned, the emission limit values as laid down in the following tables (Cproc). In that case, the following tables shall be adapted to these more stringent emission limit values in accordance with the procedure laid down in Article 17 without delay.

Half-hourly average values shall only be needed in view of calculating the daily average values.Cproc: Cproc for solid fuels expressed in mg/Nm3 (O2 content 6%):

Pollutants < 50MWth

50 to 100 MWth 100 to 300 MWth

> 300 MWth

SO2

General case

Indigenous fuels

850

or rate of desulphurisation 90%

850 to 200(linear decrease from 100 to 300 MWth)or rate of desulphurisation 92%

200

or rate of desulphurisation 95%

NOx 400 300 200Dust 30 30 10 10

Until 1 January 2007 and without prejudice to relevant Community legislation, the emission limit value for NOx does not apply to plants only co-incinerating hazardous waste.

Cproc for biomass expressed in mg/Nm3 (O2 content 6%):

“Biomass” means: products consisting of any whole or part of a vegetable matter from agriculture or forestry, which can be used for the purpose of recovering its energy content as well as wastes listed in Article 2(2)(a)(i) to (iv). PE 232.378/32-86 28/32 AM\402935EN.doc

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Pollutants < 50MWth 50 –100 MWth 100 – 300 MWth > 300 MWthSO2 200 200 200NOx 350 300 300Dust 30 30 10 10

Cproc for liquid fuels expressed in mg/Nm3 (O2 content 3%): Pollutants < 50MWth 50 to 100

MWth100 to 300 MWth > 300 MWth

SO2 850 850 to 200(linear decrease from100 to 300 MWth)

200

NOx 400 300 200Dust 30 30 10 10

Justification:The amendment seeks a compromise between the proposals by the Council and the rapporteur. The division into four used by the Council is consistent with the other proposals it has made for this directive and is commonly used in similar legislation elsewhere. The emission limits for dust, on the other hand, as proposed by the rapporteur, can be obeyed by using existing technologies.

Or. en

(Amendment 81 by Eija-Riitta Anneli Korhola)Annex II.2.2, add after 1st table

When the main fuel is wood not falling within the scope of this directive, the average value of the sum Sb + As + Pb + Cr + Co + Cu + Mn + Ni + V may be exceeded provided that the emission value is not more than 0,75 mg/Nm 3 .

Justification:In this proposal for a directive, the limits for heavy metal emissions in the mass burn facilities are defined at the O2 content of 11%; in co-incineration plants, on the other hand, emission limits are the same although emissions are defined at a different O2 content (6%). Because of this, co-incineration plants are allowed to emit less. In co-incineration plants that burn wood as a main fuel, the proposed limit values might be easily exceeded due to the naturally high content of relatively harmless Mn in wood. It should be noted that, when combusting wood alone, the emission of an equal amount of Mn is acceptable.

Or. en

(Amendment 82 by Hans Blokland and Alexander de Roo)Annex IV, add after table

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The pH value (acid value) of the waste water shall be between 6 and 9 .

Justification:The margins for the acid value assigned in Amendment 28 are too narrow. Consequently Amendment 28 is replaced by this amendment.

Or. en

(Amendment 83 by Maria del Pilar Ayuso González and Cristina Gutiérrez Cortines)Annex V, a)

* Until 1 January 2007 and without prejudice to relevant Community legislation the emission limit value for NOx does not apply to plants only incinerating hazardous waste.

Exemptions for NOx may be authorised by the competent authority for existing incineration plants- with a nominal capacity of 6 tonnes

per hour, provided that the permit foresees the daily average values do not exceed 500 mg/m3 and this until 1 January 2008,

- with a nominal capacity of >6 tonnes per hour but 16 tonnes per hour, provided the permit foresees the daily average values do not exceed 400 mg/m3 and this until 1 January 2010,

- with a nominal capacity of >16 tonnes per hour but <25 tonnes per hour and which do not produce water discharges, provided that the permit foresees the daily average values do not exceed 400 mg/m3 and this until 1 January 2008.

* Until 1 January 2007 and without prejudice to relevant Community legislation the emission limit value for NOx does not apply to plants only incinerating hazardous or domestic waste.

Exemptions for NOx may be authorised by the competent authority for existing incineration plants- with a nominal capacity of 6 tonnes

per hour, provided that the permit foresees the daily average values do not exceed 500 mg/m3 and this until 1 January 2008,

- with a nominal capacity of >6 tonnes per hour but 16 tonnes per hour, provided the permit foresees the daily average values do not exceed 400 mg/m3 and this until 1 January 2010,

- with a nominal capacity of >16 tonnes per hour and which do not produce water discharges, provided that the permit foresees the daily average values do not exceed 400 mg/m3.

Justification:The special nature of domestic waste, which is a mixture of many types of materials, makes it advisable to treat it as hazardous waste until it can be guaranteed that the materials are appropriately separated and classified before incineration. The nominal capacity of the plant does not take account of the number of combustion chambers in which combustion takes place, each with its corresponding source of gas emissions and its own nominal capacity. This leads to the lack of

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correspondence between the total capacity of the plant and the gas emission sources, and it is therefore proposed that the upper limit of 25 tonnes per hour be deleted. The date of 1 January 2008 penalises smaller plants, which are in the weakest competitive position to make major investments.

Or. es(Amendment 84 by Maria del Pilar Ayuso González and Cristina Gutiérrez Cortines)

Annex V, b)

* Until 1 January 2007 and without prejudice to relevant Community legislation the emission limit value for NOx does not apply to plants only incinerating hazardous waste.

* Until 1 January 2007 and without prejudice to relevant Community legislation the emission limit value for NOx does not apply to plants only incinerating hazardous or domestic waste.

Justification:The special nature of domestic waste, which is a mixture of many types of materials, makes it advisable to treat it as hazardous waste until it can be guaranteed that the materials are appropriately separated and classified before incineration.

Or. es(Amendment 85 by Maria del Pilar Ayuso González and Cristina Gutiérrez Cortines)

Annex V, b) (new)

* Without prejudice to the provisions of the relevant Community legislation, these limit values shall not apply to plants whose gas scrubbing systems do not produce effluent.

Justification:In some countries, incineration plants use dry or semi-dry methods of gas purification which do not generate liquid effluent, as water is a scarce resource. These plants comply with the daily mean limit values for emissions, but may experience small ‘peaks’ because of the special climatological and geographical conditions in those countries. This amendment is tabled in order to exempt such incineration plants from compliance with the mean daily limit values, bearing in mind that these installations have other advantages, such as the fact that they do not generate liquid effluent which would then need to be purified subsequently.

Or. es

(Amendment 86 by Maria del Pilar Ayuso González and Cristina Gutiérrez Cortines) Annex V, c)

Until 1 January 2007, average values for existing plants for which the permit to operate has been granted before 31 December 1996, and which incinerate hazardous waste only.

Until 1 January 2007, average values for existing plants for which the construction permit has been granted before 31 December 1996, and which incinerate hazardous or domestic waste only.

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Justification:The date of construction is proposed as a more objective reference date than that of operation. In some cases, a plant may have been built and yet not received an operating permit on account of delays in administrative procedures. The special nature of domestic waste, which is a mixture of many types of materials, makes it advisable to treat it as hazardous waste until it can be guaranteed that the materials are appropriately separated and classified before incineration.

Or. es

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