Regulation (EC) No 1137/2008 of the European Parliament and of the CouncilShow full title

4.8. Directive 2000/76/EC of the European Parliament and of the Council of 4 December 2000 on the incineration of waste(1) U.K.

As regards Directive 2000/76/EC, the Commission should be empowered to establish criteria for requirements relating to the reduction of the frequency of certain periodic measurements, to determine the date from which continuous measurements of certain air emission limit values shall be carried out, to adapt Articles 10, 11 and 13 and Annexes I and III to technical progress or new findings concerning the health benefits of emission reductions, and to adapt the tables in Annex II, point 2.1. Since those measures are of general scope and are designed to amend non-essential elements of Directive 2000/76/EC, inter alia, by supplementing it with new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.

Accordingly, Directive 2000/76/EC is hereby amended as follows:

1.

Article 11 shall be amended as follows:

(a)

the first subparagraph of paragraph 7 shall be replaced by the following:

‘7. The reduction of the frequency of the periodic measurements for heavy metals from twice a year to once every two years and for dioxins and furans from twice a year to once a year may be authorised in the permit by the competent authority provided that the emissions resulting from co-incineration or incineration are below 50 % of the emission limit values determined in accordance with Annex II or Annex V respectively and that criteria for the requirements to be met are available. The Commission shall adopt measures establishing these criteria, based at least on the provisions of points (a) and (d) of the second subparagraph. Those measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 17(2).’;

(b)

paragraph 13 shall be replaced by the following:

‘13. The Commission shall determine, as soon as appropriate measurement techniques are available within the Community, the date from which continuous measurements of the air emission limit values for heavy metals, dioxins and furans shall be carried out in accordance with Annex III. That measure, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 17(2).’;

2.

Article 16 shall be replaced by the following:

‘Article 16 Adaptation to technical progress or new findings

The Commission shall adopt measures designed to amend non-essential elements of this Directive and adapting Articles 10, 11 and 13 and Annexes I and III to technical progress or new findings concerning the health benefits of emission reductions in accordance with the regulatory procedure with scrutiny referred to in Article 17(2).’;

3.

Article 17 shall be replaced by the following:

‘Article 17 Committee procedure

1. The Commission shall be assisted by a committee.

2. Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.’;

4.

the first paragraph of point II.2.1 of Annex II shall be replaced by the following:

‘Where, for large combustion plants, more stringent emission limit values are set under Directive 2001/80/EC or will be set under other Community legislation, those emission limit values shall replace, for the plants and pollutants concerned, the emission limit values laid down in the following tables (Cproc). In that case, the Commission shall adapt those tables to the more stringent emission limit values. Those measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 17(2), without delay.’

(1)

OJ L 332, 28.12.2000, p. 91.