欧盟生活垃圾(含废物)焚烧污染控制标准.doc

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1、ENConsolidated TEXTproduced by the CONSLEG systemof the Office for Official Publications of the European CommunitiesCONSLEG: 2000L0076 28/12/2000Number of pages: 31 Office for Official Publications of the European CommunitiesThis document is meant purely as documentation tool and the institutions do

2、 not assume any liability for its contentsB DIRECTIVE 2000/76/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCILof 4 December 2000on the incineration of waste(OJ L 332, 28.12.2000, p. 91)Corrected by:C1 Corrigendum, OJ L 145, 31.5.2001, p. 52 (2000/76/EC)2000L0076 EN 28.12.2000 000.001 1DIRECTIVE 2000

3、/76/EC OF THE EUROPEAN PARLIAMENTAND OF THE COUNCILof 4 December 2000on the incineration of wasteTHE EUROPEAN PARLIAMENT AND THE COUNCIL OF THEEUROPEAN UNION,Having regard to the Treaty establishing the European Community, andin particular Article 175(1) thereof,Having regard to the proposal from th

4、e 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 251 of theTreaty (4), and in the light of the joint text approved by the ConciliationCo

5、mmittee on 11 October 2000,Whereas:(1) The fifth Environment Action Programme: Towards sustainability A European Community programme of policy and action inrelation to the environment and sustainable development,supplemented by Decision No 2179/98/EC on its review(5), setsas an objective that critic

6、al loads and levels of certain pollutantssuch as nitrogen oxides (NOx), sulphur dioxide (SO2), heavymetals and dioxins should not be exceeded, while in terms of airquality the objective is that all people should be effectivelyprotected against recognised health risks from air pollution. ThatProgramm

7、e further sets as an objective a 90 % reduction of dioxinemissions of identified sources by 2005 (1985 level) and at least70 % reduction from all pathways of cadmium (Cd), mercury (Hg)and lead (Pb) emissions in 1995.(2) The Protocol on persistent organic pollutants signed by theCommunity within the

8、framework of the United NationsEconomic Commission for Europe (UN-ECE) Convention onlong-range transboundary air pollution sets legally binding limitvalues for the emission of dioxins and furans of 0,1 ng/m; TE(Toxicity Equivalents) for installations burning more than 3 tonnesper hour of municipal s

9、olid waste, 0,5 ng/m; TE for installationsburning more than 1 tonne per hour of medical waste, and 0,2ng/m; TE for installations burning more than 1 tonne per hour ofhazardous waste.(3) The Protocol on Heavy Metals signed by the Community withinthe framework of the UN-ECE Convention on long-rangetra

10、nsboundary air pollution sets legally binding limit values forthe emission of particulate of 10 mg/m3 for hazardous and medicalwaste incineration and for the emission of mercury of 0,05 mg/m3for hazardous waste incineration and 0,08 mg/m3 for municipalwaste incineration.(4) The International Agency

11、for Research on Cancer and the WorldHealth Organisation indicate that some polycyclic aromatic!B(1) OJ C 13, 17.1.1998, p. 6 andOJ 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 14 April 1999 (OJ C 219, 30.7.1999,p. 249

12、), Council Common Position of 25 November 1999 (OJ C 25, 28.1.-2000, p. 17) and Decision of the European Parliament of 15 March 2000 (notyet published in the Official Journal). Decision of the European Parliament of16 November 2000 and Decision of the Council of 20 November 2000.(5) OJ C 138, 17.5.1

13、993, p. 1 andOJ L 275, 10.10.1998, p. 1.2000L0076 EN 28.12.2000 000.001 2hydrocarbons (PAHs) are carcinogenic. Therefore, Member Statesmay set emission limit values for PAHs among other pollutants.(5) In accordance with the principles of subsidiarity and proportionalityas set out in Article 5 of the

14、 Treaty, there is a need to takeaction at the level of the Community. The precautionary principleprovides the basis for further measures. This Directive confinesitself to minimum requirements for incineration and co-incinerationplants.(6) Further, Article 174 provides that Community policy on theenv

15、ironment is to contribute to protecting human health.(7) Therefore, a high level of environmental protection and humanhealth protection requires the setting and maintaining of stringentoperational conditions, technical requirements and emission limitvalues for plants incinerating or co-incinerating

16、waste within theCommunity. The limit values set should prevent or limit as far aspracticable negative effects on the environment and the resultingrisks to human health.(8) The Communication from the Commission on the review of theCommunity Strategy for waste management assigns prevention ofwaste the

17、 first priority, followed by reuse and recovery and finallyby safe disposal of waste; in its Resolution of 24 February 1997 ona Community Strategy for waste management (1), the Councilreiterated its conviction that waste prevention should be the firstpriority of any rational waste policy in relation

18、 to minimisingwaste production and the hazardous properties of waste.(9) In its Resolution of 24 February 1997 the Council also underlinesthe importance of Community criteria concerning the use ofwaste, the need for appropriate emission standards to apply toincineration facilities, the need for moni

19、toring measures to beenvisaged for existing incineration plants, and the need for theCommission to consider amending Community legislation inrelation to the incineration of waste with energy recovery in orderto avoid large-scale movements of waste for incineration orco-incineration in the Community.

20、(10) It is necessary to set strict rules for all plants incinerating orco-incinerating waste in order to avoid transboundary movementsto plants operating at lower costs due to less stringentenvironmental standards.(11) The Communication from the Commission/energy for the future:renewable sources of

21、energy/White paper for a Communitystrategy and action plan takes into consideration in particular theuse of biomass for energy purposes.(12) Council Directive 96/61/EC (2) sets out an integrated approach topollution prevention and control in which all the aspects of aninstallations environmental per

22、formance are considered in anintegrated manner. Installations for the incineration of municipalwaste with a capacity exceeding 3 tonnes per hour andinstallations for the disposal or recovery of hazardous waste witha capacity exceeding 10 tonnes per day are included within thescope of the said Direct

23、ive.(13) Compliance with the emission limit values laid down by thisDirective should be regarded as a necessary but not sufficientcondition for compliance with the requirements of Directive96/61/EC. Such compliance may involve more stringent emissionslimit values for the pollutants envisaged by this

24、 Directive,emission limit values for other substances and other media, andother appropriate conditions.!B(1) OJ C 76, 11.3.1997, p. 1.(2) OJ L 257, 10.10.1996, p. 26.2000L0076 EN 28.12.2000 000.001 3(14) Industrial experience in the implementation of techniques for thereduction of polluting emission

25、s from incineration plants has beenacquired over a period of ten years.(15) Council Directives 89/369/EEC (1) and 89/429/EEC (2) on theprevention and reduction of air pollution from municipal wasteincineration plants have contributed to the reduction and control ofatmospheric emissions from incinera

26、tion plants. More stringentrules should now be adopted and those Directives shouldaccordingly be repealed.(16) The distinction between hazardous and non-hazardous waste isbased principally on the properties of waste prior to incineration orco-incineration but not on differences in emissions. The sam

27、eemission limit values should apply to the incineration orco-incineration of hazardous and non-hazardous waste butdifferent techniques and conditions of incineration or co-incinerationand different monitoring measures upon reception of wasteshould be retained.(17) Member States should take into acco

28、unt Council Directive1999/30/EC of 22 April 1999 relating to limit values for sulphurdioxide, nitrogen dioxide and oxides of nitrogen, particulatematter and lead in ambient air (3) when implementing thisDirective.(18) The incineration of hazardous waste with a content of more than1 % of halogenated

29、organic substances, expressed as chlorine, hasto comply with certain operational conditions in order to destroyas many organic pollutants such as dioxins as possible.(19) The incineration of waste which contains chlorine generates fluegas residues. Such residues should be managed in a way thatminimi

30、ses their amount and harmfulness.(20) There may be grounds to provide for specified exemptions to theemission limit values for some pollutants during a specified timelimit and subject to specific conditions.(21) Criteria for certain sorted combustible fraction of non-hazardouswaste not suitable for

31、recycling, should be developed in order toallow the authorisation of the reduction of the frequency ofperiodical measurements.(22) A single text on the incineration of waste will improve legal clarityand enforceability. There should be a single directive for theincineration and co-incineration of ha

32、zardous and non-hazardouswaste taking fully into account the substance and structure ofCouncil Directive 94/67/EC of 16 December 1994 on theincineration of hazardous waste (4). Therefore Directive 94/67/ECshould also be repealed.(23) Article 4 of Council Directive 75/442/EEC of 15 July 1975 onwaste

33、(5) requires Member States to take the necessary measuresto ensure that waste is recovered or disposed of withoutendangering human health and without harming the environment.To this end, Articles 9 and 10 of that Directive provide that anyplant or undertaking treating waste must obtain a permit from

34、 thecompetent authorities relating, inter alia, to the precautions to betaken.(24) The requirements for recovering the heat generated by theincineration or co-incineration process and for minimising andrecycling residues resulting from the operation of incineration or!B(1) OJ L 163, 14.6.1989, p. 32

35、. Directive as last amended by the Accession Actof 1994.(2) OJ L 203, 15.7.1989, p. 50. Directive as last amended by the Accession Actof 1994.(3) OJ L 163, 29.6.1999, p. 41.(4) OJ L 365, 31.12.1994, p. 34.(5) OJ L 194, 25.7.1975, p. 39. Directive as last amended by Commission Decision350/96/EC (OJ L

36、 135, 6.6.1996, p. 32).2000L0076 EN 28.12.2000 000.001 4co-incineration plants will assist in meeting the objectives ofArticle 3 on the waste hierarchy of Directive 75/442/EEC.(25) Incineration and co-incineration plants treating only animal wasteregulated by Directive 90/667/EEC (1) are excluded fr

37、om thescope of this Directive. The Commission intends to propose arevision to the requirements of Directive 90/667 with a view toproviding for high environmental standards for the incinerationand co-incineration of animal waste.(26) The permit for an incineration or co-incineration plant shall alsoc

38、omply 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 toincinerate waste should not be allowed to cause higher emissionsof polluting substances in that

39、 part of the exhaust gas volumeresulting from such co-incineration than those permitted fordedicated incineration plants and should therefore be subject toappropriate limitations.(28) High-standard measurement techniques are required to monitoremissions to ensure compliance with the emission limit v

40、alues forthe pollutants.(29) The introduction of emission limit values for the discharge ofwaste water from the cleaning of exhaust gases from incinerationand co-incineration plants will limit a transfer of pollutants fromthe air into water.(30) Provisions should be laid down for cases where the emi

41、ssion limitvalues are exceeded as well as for technically unavoidablestoppages, disturbances or failures of the purification devices orthe measurement devices.(31) In order to ensure transparency of the permitting processthroughout the Community the public should have access toinformation with a vie

42、w to allowing it to be involved in decisionsto be taken following applications for new permits and theirsubsequent updates. The public should have access to reports onthe functioning and monitoring of the plants burning more thanthree tonnes per hour in order to be informed of their potentialeffects

43、 on the environment and human health.(32) The Commission should present a report both to the EuropeanParliament and the Council based on the experience of applyingthis Directive, the new scientific knowledge gained, the developmentof the state of technology, the progress achieved inemission control

44、techniques, and on the experience made in wastemanagement and operation of the plants and on the developmentof environmental requirements, with a view to proposing, asappropriate, to adapt the related provisions of this Directive.(33) The measures necessary for the implementation of this Directivear

45、e to be adopted in accordance with Council Decision1999/468/EC of 28 June 1999 laying down the procedures for!B(1) Council Directive 90/667/EEC of 27 November 1990, laying down the veterinaryrules for the disposal and processing of animal waste, for its placingon the market and for the prevention of

46、 pathogens in feedstuffs of animal orfish origin and amending Directive 90/425/EEC (OJ L 363, 27.12.1990, p.51). Directive as last amended by the Accession Act of 1994.(2) Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-watertreatment (OJ L 135, 30.5.1991, p. 40). Directive as ame

47、nded by Directive98/15/EC (OJ L 67, 7.3.1998, p. 29).(3) Council Directive 96/62/EC of 27 September 1996 on ambient air qualityassessment and management (OJ L 296, 21.11.1996, p. 55).(4) Council Directive 76/464/EEC of 4 May 1976 on pollution caused by certaindangerous substances discharged into the

48、 aquatic environment of the Community(OJ L 129, 18.5.1976, p. 23). Directive as last amended by the AccessionAct of 1994.(5) Directive 1999/31/EC of 26 April 1999 on the landfill of waste (OJ L 182,16.7.1999, p. 1).2000L0076 EN 28.12.2000 000.001 5the exercise of implementing powers conferred on the Commission(1).(