38 - Directive 2000/76/EC of the European Parliament and of the Council of 4 December 2000 on the incineration of waste (OJ L 332 28.12.2000 p. 91 pp. 716-740

Directive 2000/76/EC of the European Parliament and of the Council of 4 December 2000 on the incineration of waste (<i>OJ L 332 28.12.2000 p. 91</i>)

By Philippe Sands and Paolo Galizzi

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Editorial note

Directive 2000/76 of 4 December 2000 aims 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 groundwater, and the resulting risks to human health, from the incineration and co-incineration of waste. This aim is to 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 1). The Directive covers incineration and co-incineration plants, with some exceptions specifically listed in the instrument (Article 2).

No incineration or co-incineration plant is to operate without a permit, to be obtained from the competent authority (Article 4). Permits are given by the competent authority if the conditions laid out by the Directive are met. The competent authority shall periodically reconsider and update the permit conditions. The competent authority is to enforce compliance with the permit conditions (Article 4). The operator of the incineration or co-incineration plant is to take all necessary measures concerning the delivery and reception of waste in order to prevent or to limit as far as practicable negative effects on the environment (Article 5). Operating conditions for incineration and co-incineration plants are specified by Article 6. Incineration and co-incineration plants are to be designed, equipped, built and operated in such a way that the emission limit values set out in Annexes to the Directive are not exceeded in the exhaust gas (Article 7).