Article 1

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 incineration and co-incineration of waste.

This aim shall be met by means of stringent operational conditions and technical requirements, through setting emission limit values for waste incineration and co-incineration plants within the Community and also through meeting the requirements of Directive 75/442/EEC.

Article 2

Scope

  1. This Directive covers incineration and co-incineration plants.

    [6] OJ L 184, 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 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- preservatives or coating, and which includes in particular such wood waste originating from construction and demolition waste,
    (v) cork waste,
    (vi) radioactive waste,
    (vii) animal carcasses as regulated by Directive 90/667/EEC without prejudice to its future amendments,
    (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 used for research, development and testing in order to improve the incineration process and which treat less than 50 tonnes of waste per year.

Article 3

Definitions

For the purposes 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 12 December 1991 on hazardous waste (1).

    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 (3) or a higher concentration of emissions than those resulting from the combustion of gasoil as so defined;

  3. ‘mixed municipal waste’ means waste from households as well as commercial, industrial and institutional waste, which because of its nature and composition is similar to waste from households, but excluding fractions indicated in the Annex to Decision 94/3/EC (4) under heading 20 01 that are collected separately at source and excluding the other wastes indicated under heading 20 02 of 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 processes such as pyrolysis, gasification or plasma processes in so far as the substances resulting from the treatment are subsequently incinerated.

    This definition covers the site and the entire incineration plant including all incineration lines, waste reception, storage, on site pretreatment facilities, waste-fuel and air- supply systems, boiler, facilities for the treatment of exhaust gases, 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 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.
    [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).
    [2] OJ L 194, 25.7.1975, p. 23. Directive as last amended by the Accession Act of 1994.
    [3] Council Directive 93/12/EEC of 23 March 1993 relating 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).
    [4] Commission Decision 94/3/EC of 20 December 1993 establishing a list of wastes pursuant to Article 1a of Council Directive 75/ 442/EEC on waste (OJ L 5, 7.1.1994, p. 15).

    If co-incineration takes place in such a way that the main purpose of the plant is not the generation of 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 point 4.

    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 gases, 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;

  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 before 28 December 2002, or

    (b) which is authorised or registered for incineration or co-incineration and has a permit issued before 28 December 2002 in accordance with existing Community legislation, provided that the plant is put into operation not later than 28 December 2003, or

    (c) which, in the view of the competent authority, is the subject of a full request for a permit, before 28 December 2002, provided that the plant is put into operation not later than 28 December 2004;

  7. ‘nominal capacity’ means the sum of the incineration capacities of the furnaces of which an incineration plant is composed, as specified by the constructor and confirmed by the operator, with due account being taken, in particular, of the calorific value of the waste, expressed as the quantity of waste incinerated per hour;
  8. ‘emission’ means the direct or indirect release of substances, vibrations, heat or noise from individual or diffuse sources in the plant into the air, water or soil;
  9. ‘emission limit values’ means the mass, expressed 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 delegated;
  12. ‘permit’ means a written decision (or several such decisions) delivered by the competent authority granting authorisation to operate a plant, subject to certain conditions 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, sewage sludge from the treatment of waste waters, spent catalysts and spent activated carbon) defined as waste in Article 1(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 processes within the incineration or co-incineration plant.