Implementation plan for Council Directive 89/369/EEC on prevention of air pollution from new municipal waste
incineration plants and Council Directive 89/429/EEC on the reduction of air pollution from existing munucipal waste
incineration plants
IMPLEMENTATION PLAN FOR COUNCIL DIRECTIVE 89/369/EEC
ON THE PREVENTION OF AIR POLLUTION FROM NEW
MUNICIPAL WASTE INCINERATION PLANTS AND COUNCIL
DIRECTIVE 89/429/EEC ON THE REDUCTION OF AIR POLLUTION
FROM EXISTING MUNICIPAL WASTE INCINERATION PLANTS
I. Responsible Ministry (division of responsibilities)
Responsible Ministry:
Ministry of the Environment (ME)
Co-operating Ministry:
Ministry of Industry and Trade (MIT) (provision for the
use of the heat produced - distribution network,
technical standards, development of technology - BAT).
Division of responsibilities (pursuant to the valid wording of the competence Law No.
2/1962 Coll., as amended):
ME: supreme state supervision in the area of complex waste management, water protection
and air protection and over the bodies of environmental protection entrusted with control of
pollution sources, including methodical and conceptual work. Decision-making on consent to
project plans, production and import of technology, equipment and materials, that are or could
be a source of waste and pollution of the air and waters, with the technical and operational
conditions therefor and location thereof.
ME (Czech Environmental Inspection): Control and approval activities in the framework of
legal authorization.
ME (Czech Hydrometeorological Institute): professional support for the state administration,
up-dating of emission inventories, evaluation of imission monitoring, predictions of emission
balances.
MIT: supreme state supervision over energy-production and industrial sources and production
facilities for the pertinent fuels. Conceptual, legislative and methodical activities in the
administered sectors, which must fully adopt the Directive. Technical standardization,
metrology and state testing. Industrial research and development of techniques and
technology.
Regional administrative authorities (RAA): activities of the affected persons in
construction permit procedures, control and recording activities, preparation and
implementation of territorial concepts of protection of the air and waters and waste
management.
Expert responsible:
Mr. Pavel Jílek, Air Protection Department, ME
II. Main objectives of the Directive
These Directives regulate the permitting, design, equipment and operation of municipal
incineration plants n order to decrease air pollution. They impose measurement, control and
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Implementation plan for Council Directive 89/369/EEC on prevention of air pollution from new municipal waste
incineration plants and Council Directive 89/429/EEC on the reduction of air pollution from existing munucipal waste
incineration plants
notification requirements on the operators of incineration plants. They lay down emission
limit values in dependence on the nominal capacity of the incineration plants. They do not
prevent the member states from adopting stricter measures for environmental protection.
Directive 89/369/EEC is very closely related to Council Directive 89/429/EEC on the
Reduction of Air Pollution from Existing Municipal Waste Incineration Plants. Directive
89/429/EEC defines existing municipal waste incineration plants as incineration plants for
which the first authorization to operate was issued prior to December 1, 1990. As of
December 1, 2000, All existing municipal waste incineration plants will be subject to the
same conditions as those prescribed by Directive 89/369/EEC for the operation of new
incineration plants, with several exceptions:
 an emission limit is not set for the concentrations of organic compounds in the gases
resulting from the combustion of the waste
 the provision on a sufficient height of the chimney stack is not applied
 for incineration plants with a nominal capacity of 6 tons per hour or more, the competent
authority may lay down a period of time other than 2 seconds during which the limiting
temperature and the presence of oxygen must be maintained.
In adopting the pertinent measures, it is recommended that the candidate countries take into
account the requirements of the Directive on Waste Incineration COM((99)330 final, the latest
version of which was published in OJ C 25/17-44 of January 28, 2000 under the name
Common Position (EC) No. 7/2000.
III. Plan for meeting the requirements of the Directive
A. Main requirements of the Directive
1. Introduction of a definition of new municipal waste incineration plants and establish the
competent authority(ies) for authorization, supervision and enforcement pursuant to the
Framework Waste Directive (75/442/EEC) and IPPC Directive (96/61/EC). (Note: no
reference to IPPC exists in the Directive).
2. Introduction of a system for issuing permits that should, inter alia, contain laying down of
emission limit values, operating conditions and requirements on emission measurement.
This system should ensure that permits are not issued for unsuitable installations.
3. In the framework of supervision and enforcement, introduction of control of incineration
plants from the standpoint of providing for compliance with the conditions of the permit.
The operator must be obliged to notify the competent authority of abnormal operating
conditions and to specify situations when the authority should be informed and
requirements imposed on the operator prior to renewing operations.
4. Classification of incineration plants from the standpoint of their nominal capacities and
laying down emission limit values for other pollutants than those referred to in the
Directive, where appropriate.
5. In the framework of planning and servicing the installation, evaluate the condition of
existing incineration plants and determine whether they could be economically
modernized to meet the requirements of the Directive. A plan should be prepared for
modernization or elimination of existing incineration plants. Provision should be made to
ensure that an adequate incineration plant capacity is available on the date of
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Implementation plan for Council Directive 89/369/EEC on prevention of air pollution from new municipal waste
incineration plants and Council Directive 89/429/EEC on the reduction of air pollution from existing munucipal waste
incineration plants
implementation of the Directive. A decision should be made on whether allowances will
be provided for combustion of fuel produced from waste.
6. Other requirements of the Directive:
Establish a system of reporting and recording of information, ensuring collection of data
primarily for informing the public and for Commission reports on
 transposition measures and implementation of the Directive
 allowances.
B. Plan for implementation of the requirements
1. Introduce a definition of new municipal waste incineration plants and establish the
competent authority(ies) for authorizing, supervision and enforcement pursuant to the
Framework Waste Directive (75/442/EEC) and IPPC Directive (96/61/EC).
a) Summary of the objective
Municipal waste means domestic refuse as well as trade refuse and other waste which,
because of its nature or composition is similar to domestic waste.
A municipal waste incineration plant means any technical equipment used for the incineration
of municipal waste, with or without recovery of the combustion heat generated, but excluding
plants used specifically for the incineration of sewage sludges, chemical, toxic and dangerous
waste, medical waste from hospitals or other types of special waste, on land or at sea,
including cases in which these installations may also incinerate municipal waste. It covers the
site and the entire installation comprising the incinerator, its waste, fuel and air supply
systems and the devices and systems for checking incineration operations and for continuously
recording and monitoring incineration conditions.
A new municipal waste incineration plant is a municipal waste incineration plant for which
a permit for use was issued with validity as of December 1, 1990.
The nominal capacity of the incineration plant means the sum of the incineration capacities of
the furnaces of which the plant is composed, specified by the constructor and confirmed by
the operator, expressed as the quantity of waste incinerated per hour, with due account of the
calorific value of the waste.
The Directive refers to Council Directive 75/442/EEC of July 15, 1975, on wastes, which lays
down that wastes must be disposed of in a manner that does not endanger human health and
damage the environment and, for this purpose, requires that every installation or enterprise for
waste treatment and processing have a permit from the competent authority in which is
stated, inter alia, which measures must be adopted. It also refers to Council Directive
84/360/EEC of June 28, 1984 on combating air pollution from industrial installations, which
lays down that prior permission is required for the operation of new industrial installations
and especially incineration of waste and that such a permit may be issued only if all suitable
preventative measures against air pollution have been adopted, including the use of the best
available technology not entailing excessive costs.
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Implementation plan for Council Directive 89/369/EEC on prevention of air pollution from new municipal waste
incineration plants and Council Directive 89/429/EEC on the reduction of air pollution from existing munucipal waste
incineration plants
Note: Following adopting of Directive COM(1999)330 final, the permit will contain far more
detailed limitations on pollution of other components of the environment, e.g. emission limit
values for waste waters from installations for treatment of gaseous combustion products and
requirements on their control.
b) Identification of implementation steps
Preparatory phase of implementation
 Analysis of the current situation in defining incineration plants and authorities competent
to issue permits, supervision and enforcement in relation to the requirements of the
Directive
Responsibility:
ME
Date:
06/2000

Identification of detailed information (kinds of permits, date of issuing the authorization;
authorities competent to make decisions during the authorization process, for supervision
and enforcement of requirements on incineration plants)
Responsibility:
ME
Date:
06/2000

Collection of necessary information on kinds of permits, date of issuing the authorization;
authorities competent to make decisions over the entire range of the authorization process,
for supervision and enforcement of requirements on incineration plants
Responsibility:
ME
Date:
06/2000

Preparation of methods for assessment of information on kinds of permits, date of issuing
the authorizations; authorities competent to make decisions over the entire range of the
authorization process, for supervision and enforcement of requirements on incineration
plants
Responsibility:
ME
Date:
06/2000

Actual assessment of the information on kinds of permits, date of issuing the
authorization; authorities competent to make decisions over the entire range of the
authorization process, for supervision and enforcement of requirements on incineration
plants
Responsibility:
ME
Date:
06/2000
Implementation phase
 Refinement of the definition of a new incineration plant and the competent authority
pursuant to the requirements of the Directive
Responsibility:
ME
Date:
09/2000

Delimitation of the competence of the competent authority (authorities) in the extent of the
authorization, supervision and enforcement activities in relation to incineration plants
Responsibility:
ME
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Implementation plan for Council Directive 89/369/EEC on prevention of air pollution from new municipal waste
incineration plants and Council Directive 89/429/EEC on the reduction of air pollution from existing munucipal waste
incineration plants
Date:
11/2001

Adoption of a definition of a new incineration plant and proposal for the competent
authority pursuant to the requirements of the Directive
Responsibility:
ME
Date:
11/2001

Introducing a definition of a new incineration plant and of the competent authority
pursuant to the requirements of the Directive in the Czech legislation
Responsibility:
ME
Date:
01/2003 (Partly already in the new Law on the Air, i.e. 11/2001)
Revision phase
 Preparation of a database of incineration plants specified according to the definition
Responsibility:
ME
Date:
06/2001
 Regular provision of data for the database
Responsibility:
ME
Date:
06/2001 and on-going
Enforcement

Training and information work in the extent of provision of personnel for the competent
authority pursuant to the requirements of the Directive.
Responsibility:
ME
Date:
on-going
2. Introduction of a system for issuing permits that would, inter alia, contain setting
down of emission limit values, operating conditions and requirements on emission
measuring. This system should ensure that permits will not be issued for unsuitable
installations.
a)
Summary of the objective
The member states must adopt measures to ensure that the requirements laid down in this
Directive for emission limit values, operation and equipping of installations and measuring of
emissions become part of the permit necessary for the operation of all new municipal waste
incineration plants pursuant to Article 3 of Directive 84/360/EEC and Article 8 of Directive
75/442/EEC.
Emission limit values are laid down for new municipal waste incineration plants for
particulate matter, heavy metals (Pb+Cr+Cu+Mn, Ni+As, Cd and Hg), hydrochloric acid
(HCl), hydrofluoric acid (HF) and sulphur dioxide in dependence on the nominal capacity of
the incineration plant.
The competent authorities also lay down emission limit values for other pollutants if they
consider this appropriate in relation to the composition of the waste incinerated and the
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Implementation plan for Council Directive 89/369/EEC on prevention of air pollution from new municipal waste
incineration plants and Council Directive 89/429/EEC on the reduction of air pollution from existing munucipal waste
incineration plants
technical parameters of the incineration plant. In laying down these emission limit values, the
authorities take into account the potential harmful effects of the pollutants on human health
and the environment and the best available technology not entailing excessive costs. The
competent authorities may in particular lay down emission limit values for dioxins and furans,
which will be valid until the Community Directive on this specific aspect is adopted.
All new municipal waste incineration plants must be designed, equipped and operated so
that the temperature of the gases resulting from the combustion of the waste beyond the last
injection of combustion air in a controlled and homogenous form even under the most
unfavorable conditions equals at least 850 oC for at least 2 seconds in the presence of at least
6% oxygen.
The following conditions must be maintained in the operation of all new municipal waste
incineration plants:
a) the carbon monoxide (CO) concentration in the incineration gases must not exceed 100
mg/Nm3;
b) the concentration of organic compounds (expressed as the total carbon content) in the
incineration gases must not exceed 100 mg/Nm3.
All new municipal waste incineration plants must be designed, equipped and operated so as to
avoid emissions into the air that could cause significant pollutant levels; in particular, the
waste gas must be discharged from the chimney stack in a controlled manner. The competent
authority shall ensure that the height of the stack is calculated in such a manner as to ensure
protection of human health and the environment.
Measurements must be carried out in new municipal waste incineration plants of the
concentrations of substances in the incineration gases for which emission limit values are laid
down and the set operating conditions must be controlled.
Note: Following adopting of Directive COM(1999)330 final, the permit will contain far more
detailed limitations on pollution of other components of the environment, e.g. emission limit
values for waste waters from installations for purification of combustion gases and
requirements on their control.
b)
Identification of implementation steps
Preparatory phase of implementation
 Analysis of the current situation in issuing permits, including conditions related to
emission limit values, operating requirements and requirements on emission measuring
pursuant to the Czech legislation in relation to the requirements of the Directive.
Responsibility:
ME, CEI
Date:
06/2000

Identification of necessary information (applications for permits, the form and contents of
permits, emission limit values, operating conditions, emission measuring)
Responsibility:
ME, CEI
Date:
06/2000

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Collection of the necessary data
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Implementation plan for Council Directive 89/369/EEC on prevention of air pollution from new municipal waste
incineration plants and Council Directive 89/429/EEC on the reduction of air pollution from existing munucipal waste
incineration plants
Responsibility:
Date:
ME, CEI
06/2000
 Preparation of methods for data assessment
Responsibility:
ME, CEI
Date:
06/2000
 Data assessment
Responsibility:
ME, CEI
Date:
06/2000
Implementation phase
 Specification of objectives - specification of requirements on emission limit values,
operating conditions and measurement of emissions and specification of the authorization
system so as to achieve accord with practice in the EU
Responsibility:
ME, CEI
Date:
10/2000

Specification of emission limit values, operating conditions and requirements on emission
measuring and the means of their application in the authorization system
Responsibility:
ME, CEI
Date:
11/2000

Adoption and implementation of programs for preparation of the pertinent legislation (also
taking into account Draft Directive COM(1999)330 final) and the introduction thereof
(Law on protection of the air and the ozone layer of the Earth, Law on Waste, Law on
integrated pollution prevention and control and the integrated pollution register and
regulations for implementation).
Responsibility:
ME
Date:
according to the plan of legislative work of the Government
Revision phase
 Preparation of methods for practical implementation of emission limit values, operating
conditions and requirements on emission measuring in the authorization system
Responsibility:
ME, CEI
Date:
12/2001

Regular provision for the collection, storage and assessment of information on issued
permits (their conditions).
Responsibility:
ME, CEI
Date:
on-going
 Periodical revision of the system of authorization of incineration plants
Responsibility:
ME, CEI
Date:
on-going
Enforcement
 Establishment and implementation of a control and enforcement regime from the
standpoint of implementation of emission limit values, operating conditions and
requirements on emission measuring in the authorization system
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Implementation plan for Council Directive 89/369/EEC on prevention of air pollution from new municipal waste
incineration plants and Council Directive 89/429/EEC on the reduction of air pollution from existing munucipal waste
incineration plants
Responsibility:
Date:
ME, CEI
12/2001

Training and informative work and enlightenment in the area of implementation of
emission limit values, operating conditions and requirements on emission measuring in the
authorization system
Responsibility:
ME, CEI
Date:
on-going
Reporting
 Reporting to the Czech competent authorities. Submission of information on applications
for permits, permits issued including the conditions therefor, including implementation of
emission limit values. operating conditions and requirements on emission measuring,
bodies of supreme state supervision (ME). Exchange of information with the affected
sectors (MLD, MIT). Submission of draft legislation.
Responsibility:
ME, CEI
Date:
on-going

Reporting to the European Commission (EC). Submission of adopted legislation and other
information requested by the Commission (information for the Commission, including
consultations, on permits for installations with nominal capacity of less than 1 t/h for
which emission limit values are set higher than 200 mg/m3 for suspended particulate
matter and also communication to the Commission on decisions and the results of
confirmation in cases of permitting different technical and operating conditions that,
however, ensure an equivalent or lower PCDD/PCDF value).
Responsibility:
ME
Date:
01/2003 and on-going
3. In the framework of supervision and enforcement, introduce control of incineration
plants from the standpoint of ensuring accord with the conditions of the permit. Oblige
the operator to give notice of abnormal working conditions to the competent authority;
specification of situations where the authority should be informed and requirements
imposed on the operator prior to renewing operations.
a)
Summary of the objective
In the framework of the verification required pursuant to article 11 of Directive 84/360/EEC
and in relation to Article 4, the member states will adopt measures to ensure that the
competent bodies verify compliance with conditions laid down for new incineration plants
by this Directive. The provisions of this Directive do not prejudice the obligation of the
member states pursuant to Article 12 of Directive 84/360/EEC that, if required, they review
the conditions laid down in a permit issued for a certain incineration plant.
The competent authorities will require that the operator ensure that all the results of the
measurements are suitably recorded, processed and stored so that the competent authorities
can verify them in a manner that they themselves decide.
The procedure for measuring and taking samples and the location of sites for taking samples
or for measurement are subject to prior consent by the competent authorities. The competent
authorities shall establish suitable programs for individual measurements so as to ensure that
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Implementation plan for Council Directive 89/369/EEC on prevention of air pollution from new municipal waste
incineration plants and Council Directive 89/429/EEC on the reduction of air pollution from existing munucipal waste
incineration plants
the results are representative. The results obtained must make it possible to check compliance
with the valid limit values.
b)
Identification of implementation steps
Preparatory phase of implementation
 Analysis of the current situation in carrying out supervision over incineration and
enforcing compliance with the conditions in the issued permit in relation to the
requirements of the Directive.
Responsibility:
ME, CEI
Date:
06/2000

Identification of necessary data (especially control of the accord with the set values of the
emission limit values, the means of carrying out emission measurements and registration
and storage of the measuring results and compliance with the requirements on operation.
This will also involve reporting of faults in the operation of incineration plants and other
data from the operating records of sources by the operators thereof and requirements on
carrying out inspection prior to restarting of operation of the incineration plant).
Responsibility:
ME, CEI, CHMI
Date:
06/2000
 Collection of the necessary data
Responsibility:
ME, CEI, CHMI
Date:
06/2000
 Preparation of methods for data assessment
Responsibility:
ME, CEI, CHMI
Date:
06/2000
 Data assessment
Responsibility:
Date:
ME, CEI, CHMI
06/2000
Implementation phase
 Specification of the system of controls of incineration plants, enforcing the obligations of
operators during abnormal operating conditions and the tasks of the competent inspection
authority in accord with the Directive.
Responsibility:
ME, CEI
Date:
11/2000

Adopting a program of measures for introduction of a system of control of incineration
plants, enforcing the obligation of operators under abnormal operating conditions and the
tasks of the competent inspection authority in accord with the Directive
Responsibility:
ME, CEI
Date:
01/2001
 Implementation of the programs of measures
Responsibility:
ME, CEI
Date:
12/2001
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Implementation plan for Council Directive 89/369/EEC on prevention of air pollution from new municipal waste
incineration plants and Council Directive 89/429/EEC on the reduction of air pollution from existing munucipal waste
incineration plants
Revision phase
 Preparation of methods of the system of control of incineration plants, enforcing the
obligation of operators under abnormal operating conditions and the tasks of the
competent inspection authority in accord with the Directive.
Responsibility:
ME, CEI, CHMI
Date:
12/2001

Regular provision (collection, recording, assessment) of emission data and assessment in
accord with the set emission limit values, means of emission measuring and storage of the
results of measuring and technical-operating requirements, notification of defects in the
operation of incineration plants and other data in operating records for sources by the
operators thereof and requirements imposed by the inspection prior to renewing the
operation of the incineration plant).
Responsibility:
ME, CEI, CHMI
Date:
on-going

Periodical revision of system of control of incineration plants, of enforcing the obligation
of operators under abnormal operating conditions and of the actions of the competent
inspection authority.
Responsibility:
ME, CEI, CHMI
Date:
on-going
Enforcement
 Establishment and implementation of the control and enforcement regime of the system of
control of incineration plants, of enforcing the obligations of operators under abnormal
operating conditions and of the actions of the competent inspection authority in accord
with the Directive.
Responsibility:
ME, CEI
Date:
12/2001

Training and information work in the field of control of incineration plants, records of
measurement results and operational parameters, the obligation of operators under
abnormal operating conditions and the tasks of the competent inspection authority.
Responsibility:
ME, CEI, CHMI
Date:
on-going
Reporting
 Internal reporting to the Czech competent authorities (data on emissions and assessment of
accord with the set emission limit values, the manner of emission measuring and
registration and storage of the results of measurement and technical-operating
requirements, notification of defects in the operation of incineration plants and other data
from operating records of sources by the operators thereof and requirements implemented
by inspection prior to renewing the operation of the incineration plant).
Responsibility:
ME, CEI, CHMI
Date:
on-going

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External reporting to the European Commission (EC) (see 6)
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Implementation plan for Council Directive 89/369/EEC on prevention of air pollution from new municipal waste
incineration plants and Council Directive 89/429/EEC on the reduction of air pollution from existing munucipal waste
incineration plants
4. Classification of incineration plants in relation to their nominal capacity and, where
appropriate, lay down emission limit values for other pollutants than those set forth in
the Directive.
a) Summary of the objective
The level of requirements of the Directive (e.g. emission limit values) is graded according to
the nominal capacity. Incineration plants with a capacity of under 1 t/h may be approved by
the competent authority in the framework of permitting certain allowances. The Commission
must be informed of these cases.
In contrast, pursuant to Article 130t of the Treaty, member states are not prevented from
maintaining or adopting stricter measures for protection of the environment that are
compatible with the Treaty. The competent authorities may lay down emission limit values for
pollutants that are not set forth in the Directive if they consider this appropriate in relation to
the composition of the incinerated waste and technical parameters of the incineration plant. In
laying down these emission limit values, the authorities shall take into consideration the
potential detrimental impacts of the pertinent pollutants on human health and the environment
and the best available technology not entailing excessive costs. The competent authorities
may, in particular, lay down emission limit values for dioxins and furans, that will be valid
until a Community Directive is adopted on this specific aspect.
b) Identification of implementation steps
Preparatory phase of implementation
 Analysis of the current state of incineration plants from the standpoint of their nominal
capacities and state of preparation for introduction of emission limit values for other
pollutants in relation to the requirements of this Directive and taking into consideration
the prepared Directive on incineration of waste COM(1999)330 final.
Responsibility:
ME, CEI, CHMI
Date:
06/2000

Identification of necessary data (identification of incineration plants, the nominal
capacities of the incineration plants, the values of emissions of dioxins and furans,
proposed modernization to attain the emissions limits for dioxins and furans of 0.1 ng
TEQ/m3)
Responsibility:
ME, CEI, CHMI
Date:
06/2000
 Collection of necessary data
Responsibility:
ME, CEI, CHMI
Date:
06/2000
 Preparation of methods for data assessment
Responsibility:
ME, CEI, CHMI
Date:
06/2000
 Data assessment
Responsibility:
Date:
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ME, CEI, CHMI
06/2000
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Implementation plan for Council Directive 89/369/EEC on prevention of air pollution from new municipal waste
incineration plants and Council Directive 89/429/EEC on the reduction of air pollution from existing munucipal waste
incineration plants
Implementation phase
 Specification of objectives - specification of incineration plants from the standpoint of
their nominal capacities and state of preparation for introduction of emission limit values
for additional pollutants in relation to the requirements of this Directive and taking into
consideration the prepared Directive on incineration of waste COM(1999)330 final.
Responsibility:
ME, CEI, CHMI
Date:
07/2000

Delimitation of incineration plants pursuant to the Directive, including preparation for
implementation of emission limit values for dioxins and furans.
Responsibility:
ME, CEI, CHMI
Date:
07/2000

Adoption of programs of support for modernization of incineration plants to attain
compliance with the emission limit values for dioxins and furans. The implementation
approach considers that these programs could be carried out with state support, if
appropriate, to ensure the required capacity of the incineration plants.
Responsibility:
ME, CEI, SEF
Date:
10/2000

Implementation of programs of support for modernization of incineration plants to attain
compliance with the emission limit values for dioxins and furans.
Responsibility:
ME, CEI, SEF
Date:
the date of accession (in relation to the emission limit values for
PCDD/PCDF this is a requirement of the Directive under preparation COM(1999)330 final;
these limits will not be binding even for the EU member countries at the time of the expected
accession of CR. Provision will be made for this requirements at the latest by 05/2003).
Revision phase
 Preparation of methods
Responsibility:
ME, CEI, CHMI, SEF
Date:
12/2000
 Regular provision (collection, recording, assessment) of data on incineration plants
Responsibility:
ME, CEI, CHMI, SEF
Date:
on-going

Periodical revision of the specifications of the nominal capacities of incineration plants
and state of preparation for introduction of emission limit values for additional pollutants
in relation to the requirements of this Directive and taking into consideration the prepared
Directive on incineration of waste COM(1999)330 final, including adopted measures.
Responsibility:
ME, CEI, CHMI, SEF
Date:
on-going
Enforcement
 Establishment and implementation of a control and enforcement regime for attaining
compliance with the emission limit for dioxins and furans.
Responsibility:
ME, CEI, CHMI, SEF
Date:
12/2000
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Implementation plan for Council Directive 89/369/EEC on prevention of air pollution from new municipal waste
incineration plants and Council Directive 89/429/EEC on the reduction of air pollution from existing munucipal waste
incineration plants
Reporting
 Reporting to the Czech competent authorities
Responsibility:
ME, CEI, CHMI, SEF
Date:
on-going
 Reporting to the European Commission (EC) (see 6.)
5. In the framework of planning and provision for installations, evaluate the state of
existing incineration plants and determine whether they can be economically up-graded
to meet the requirements of the Directive. Prepare a plan of modernization or
elimination of existing incineration plants. Ensure that adequate incineration plant
capacity is available on the date of implementation of the Directive. Decide whether
allowances will be provided for combustion of waste-derived fuels.
a)
Summary of the objective
Evaluation of the current state of incineration plants is an essential step in implementation of
the Directive from the standpoint of the state of technical preparedness of incineration plants
for compliance with the requirements of the Directive and the cost-effectiveness for attaining
the level of the best available technology.
In exceptional cases, member states may deviate from some of the provisions of this Directive
for installations that are specially designed for combustion of waste-derived fuels from waste
(i.e. fuel produced from the combustible fraction of municipal waste by advanced mechanical
processes designed for maximum utilization of the recycling potential of such waste, that does
not contain more than 15% ash prior to any addition of substances to enhance fuel properties)
and for which compliance with these parameters would mean expenditure of excessive costs
or if, in relation to the technical parameters of the pertinent installation, these provisions are
unsuitable for technical reasons, under the assumption that:
- these installations do not burn any other wastes than the waste defined above (with the
exception of stabilization fuels in starting up the installation),
- and the provisions of Directive 84/360/EEC are met.
b)
Identification of implementation steps
Preparatory phase of implementation
 Analysis of the current state of incineration plants from the standpoint of their technical
condition and accord with all the requirements of this Directive, taking into account the
requirements of the draft Directive on waste incineration COM(1999)330 final. Creating a
file of available information on allowances provided for incineration plants from the
standpoint of combustion of waste-derived fuels.
Responsibility:
ME, CEI, CHMI
Date:
06/2000

Identification of necessary data (identification of incineration plants, the parameters of
incineration plants from the standpoint of compliance with the requirements of the valid
Czech legislation and according to this Directive, including the values of the attained
emission concentrations of all limited substances, allowances provided, variants of
remedial measures to attain all the requirements pursuant to this Directive).
Responsibility:
ME, CEI, CHMI
Date:
06/2000
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Implementation plan for Council Directive 89/369/EEC on prevention of air pollution from new municipal waste
incineration plants and Council Directive 89/429/EEC on the reduction of air pollution from existing munucipal waste
incineration plants
 Collection of necessary data
Responsibility:
ME, CEI, CHMI
Date:
06/2000
 Preparation of methods for data assessment
Responsibility:
ME, CEI, CHMI
Date:
06/2000
 Data assessment
Responsibility:
Date:
ME, CEI, CHMI
06/2000
Implementation phase
 Specification of objectives - specification of incineration plants from the standpoint of
their technical state and accord with all the requirements of this Directive (incl. possible
allowances), taking into consideration the draft Directive on incineration of waste
COM(1999)330 final. Laying down of measures to achieve the required state and the costs
thereof. A plan of modernization of incineration plants or their elimination taking into
account the concept of complex waste management in CR, in particular to ensure the
necessary capacity of incineration plants.
Responsibility:
ME, CEI, CHMI, SEF
Date:
08/2000
 Delimitation of territories and sites of interest for the Directive
Responsibility:
ME, CEI, CHMI, SEF
Date:
08/2000

Adoption and implementation of programs of support for modernization of incineration
plants for attaining the required state
Responsibility:
ME, CEI, CHMI, SEF
Date:
01/2003
Revision phase
 Regular provision (collection, recording, assessment) of data on incineration plants
Responsibility:
ME, CEI, CHMI
Date:
on-going

Periodical revision of incineration plants from the standpoint of the requirements of this
Directive and taking into consideration the prepared Directive on incineration of waste
COM(1999)330 final, including adopted measures and attaining of the overall required
capacity.
Responsibility:
ME, CEI, CHMI, SEF
Date:
on-going
Enforcement
 Information work in the extent of the state administration, operators of incineration plants
and the public
Responsibility:
ME, CEI, SEF
Date:
on-going
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Implementation plan for Council Directive 89/369/EEC on prevention of air pollution from new municipal waste
incineration plants and Council Directive 89/429/EEC on the reduction of air pollution from existing munucipal waste
incineration plants
Reporting
 Internal reporting to the Czech competent authorities
Responsibility:
ME, CEI, CHMI, SEF
Date:
on-going

External reporting to the European Commission (EC) (see Chap. 6.)
6. Other requirements of the Directive:
To establish a system of notification and recording of data, provision for collection of
data, especially for informing the public and reports to the Commission on:
* transposition measures and implementation of the Directive
* allowances.
a) Summary of the objective
The Directive requires adopting of regulations on suitable measuring methods and verification
in incineration plants and that the public must be informed of the conditions imposed and
results achieved. The information required by Article 9 of Directive 84/360/EEC and the
results of control laid down in Articles 5 and 6 must be made available to the public - in
accord with the pertinent procedures and in the form specified by the competent authorities where the regulations on business confidentiality must be met.
The Commission must be informed of conditions of permits deviating from the Directive. The
member states must bring into force legislation necessary for achieving accord with this
Directive at the latest by December 1, 1990 and must immediately inform the Commission
thereof and must also inform the Commission of the wording of the provisions of internal
legislation adopted in the area of validity of this Directive.
b) Identification of implementation steps
Preparatory phase of implementation
 Analysis of the current state of records of incineration plants in the Register of emissions
and air pollution sources (RESAP) and compliance with the obligations of the operators of
sources in notification of data from the operating records of air pollution sources to the
competent authority (CEI) in relation to the requirements of this Directive, the IPPC
Directive and the required contents of future reports to the Commission.
Responsibility:
ME, CEI, CHMI
Date:
06/2000

Identification of necessary data (data specifying the operation of the incineration plant, the
amounts of emissions, compliance with set requirements, including compliance with
emission limit values and approved sets of technical-organizational measures; the content
of the report to the Commission).
Responsibility:
ME, CEI, CHMI
Date:
06/2000
 Collection of necessary data
Responsibility:
ME, CEI, CHMI
Date:
06/2000
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Implementation plan for Council Directive 89/369/EEC on prevention of air pollution from new municipal waste
incineration plants and Council Directive 89/429/EEC on the reduction of air pollution from existing munucipal waste
incineration plants
 Preparation of methods for data assessment
Responsibility:
ME, CEI, CHMI
Date:
06/2000
 Data assessment
Responsibility:
Date:
ME, CEI, CHMI
06/2000
Implementation phase
 Specification of objectives - proposal for a system (or modification of the current system)
of notification and registration of data, collection of operating and emission data; proposal
for a public register of information on incineration plants for municipal waste taking into
account the legislation on information provided to the public and the application of the
IPPC Directive and requirements of reports to the Commission.
Responsibility:
ME, CEI, CHMI
Date:
12/2000

Adoption of and implementation of measures to create a system (or modification of the
current system) of notification and registration of data, collection of operating and
emission data and a public register of information on incineration plants for municipal
waste.
Responsibility:
ME, CEI, CHMI
Date:
01/2003
Revision phase
 Preparation of methods
Responsibility:
ME, CEI, CHMI
Date:
12/2001
 Regular data provision (collection, storage, assessment)
Responsibility:
ME, CEI, CHMI
Date:
on-going
 Periodical revision of the system
Responsibility:
ME, CEI, CHMI
Date:
on-going
 Implementation of the results of the revision
Responsibility:
ME, CEI, CHMI
Date:
on-going
Enforcement
 Establishment and implementation of the control and enforcement regime in the extent of
the obligations of the operators of incineration plants in acquiring and communicating data
and of the competent authorities in collecting data, maintenance of the database and
compliance with the reporting requirements of the Commission.
Responsibility:
ME, CEI, CHMI
Date:
01/2003
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Implementation plan for Council Directive 89/369/EEC on prevention of air pollution from new municipal waste
incineration plants and Council Directive 89/429/EEC on the reduction of air pollution from existing munucipal waste
incineration plants

Establishment of instruments to support the implementation of the objectives - in the
framework of preparation of new legislation.
Responsibility:
ME, CEI, CHMI
Date:
12/2001

Information work in the extent of the state administration, operators of incineration plants
and the public.
Responsibility:
ME, CEI, CHMI
Date:
on-going
Reporting
 Internal reporting to the Czech competent authorities - Supply of information on
applications for permits, issued permits including the conditions thereof, including
implementation of emission limit values, operating conditions and requirements on
emission measuring, to the authority of supreme state supervision (ME). Supply of
information on incineration plants for the database and a public register of incineration
plants.
Responsibility:
ME, CEI, CHMI
Date:
regularly at set dates

External reporting to the European Commission (EC) in the framework of reports
(permitted derogations of the provisions of Articles 5 and 7, demonstration of the
effectiveness of measures adopted pursuant to Article 8 on the required limitation of air
pollution when limiting values are exceeded, measures adopted to comply with this
Directive). Submission of adopted legal regulations and other information requested by the
Commission (Article 12, see also 2 - External reporting).
Responsibility:
ME
Date:
01/2003
7. Other horizontal requirements
Directive 89/369/EEC is very closely connected with Council Directive 89/429/EEC on the
reduction of air pollution from existing municipal waste incineration plants and Council
Directive 96/61/EC on integrated pollution prevention and control. Directive 89/429/EEC
defines existing municipal waste incineration plants as incineration plants for the operation of
which permits were issued prior to December 1, 1990. By December 1, 2000, all existing
municipal waste incineration plants will be subject to the same conditions as prescribed by
Directive 89/369/EEC for the operation of new incineration plants with the following
exceptions:
- an emission limit is not laid down for the concentration of organic compounds in the
combustion gases
- the provision on sufficient height of the stack is not applied
- for incineration plants with a nominal capacity of 6 tons per hour or more, the competent
authority may lay down the period of time other than 2 seconds during which the limiting
temperature and the presence of oxygen must be maintained.
As two of three municipal waste incineration plants in operation in the Czech Republic were
brought into operation after December 1, 1990; these exceptions could will probably be
employed only for the incineration plant in Brno.
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Implementation plan for Council Directive 89/369/EEC on prevention of air pollution from new municipal waste
incineration plants and Council Directive 89/429/EEC on the reduction of air pollution from existing munucipal waste
incineration plants
Directive 96/61/EC (IPPC) is valid for municipal waste incineration plants with a nominal
capacity of greater than 3 tons per hour. Here, existing incineration plants are considered to be
those that are in operation on November 1, 2000 (a permit for use was issued prior to this
date). The deadline within which existing incineration plants must obtain integrated permits is
the subject of negotiations on a transition period. Directive 96/61/EC will apply to all three
municipal waste incineration plants currently in operation in the Czech Republic.
Directives 89/369/EEC and 89/429/EEC, together with Council Directive 94/67/EC on
incineration of hazardous waste, will be replaced by a new directive on incineration of waste
in the immediate future; this directive is now in an advanced stage of preparation (Common
Position No. 7/2000 - OJL January 28, 2000, COM(1999) 330 final).
7.1 Responsibilities
The specification of the "competent authority (authorities)" responsible for implementation of
the Directive is amongst the basic requirements of this Directive. Because of the relation to
Directive 96/61/EC, this should be the "competent IPPC authority" (at least for incineration
plants with capacity greater than 3 t/h). In addition, the sectoral institutions responsible for the
implementation steps should be named and division of work with the regional authorities
should be delimited.
Responsible:
Date:
ME
12/2001
IV. Requirements to the date of accession
 transposition of the Directive into the national legislation will occur by 01/2003
 the key Laws will come into effect:
the Law on protection of the air and the ozone layer of the Earth 11/2001,
the Law on Wastes 01/2002,
the Law on integrated pollution prevention and control (IPPC) and the integrated pollution
register 01/2003
the Construction Code 12/2002
 reporting to the Commission
 implementation of the Directive
V. Current state
1. Permitting and operating incineration plants
From the standpoint of air protection, the construction and operation of municipal waste
incineration plants are currently subject to Law 309/1991 Coll., as amended, Law No.
389/1991 Coll., as amended, and ME Decree No. 117/1997 Coll. This legislation at least
qualitatively includes most of the requirements of Directive 89/369/EEC (authorization for
starting up, emission limit values and other technical requirements on operation, the
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Implementation plan for Council Directive 89/369/EEC on prevention of air pollution from new municipal waste
incineration plants and Council Directive 89/429/EEC on the reduction of air pollution from existing munucipal waste
incineration plants
obligation to measure emissions, the obligation of keeping operating records, the obligation to
provide information to the administrative authorities and the public). The existing quantitative
differences (certain values of emission limit values and technical requirements on operation
and measurement) were partly eliminated by the amendment to Decree No. 117/1997 Coll.
(ME Decree No. 97/2000) and will be fully remedied by the new Law on protection of the air
and the ozone layer of the Earth (and the pertinent regulations for implementation), which
should come into effect by November, 2001. It can be expected that the pertinent regulations
for implementation will set a deadline for meeting the new requirements by municipal waste
incineration plants. This period of time will apparently be identical with the expected date of
accession of the Czech Republic to the EU.
In the area of waste management, obligations related to residues left from combustion of
waste are laid down by Law No. 125/1997 Coll., on wastes, and Decree No. 338/1997 Coll.,
on the details of waste management. The operator of an incineration plant must have
authorization from the locally competent District Authority. Pursuant to § 20 of Law No.
125/1997 Coll., the operators of all incineration plants must annually notify the locally
competent District Authority of the amount and kind of incinerated waste and the manner of
management of residues left after combustion. Simultaneously, they also report all
information on the operator of the installation. The system of permitting operation of the
installation is the subject of § 26 of this Law. The locally competent District Authority grants
permission to the operation of the installation and with its rules of operation and controls the
operational activities. Control from the standpoint of compliance with the conditions of the
issued permit is carried out by the pertinent District Authority and the Czech Environmental
Inspection (§§ 24 and 26). The obligations of operators of installations are laid down in § 7 of
this Law.
Further, the EIA procedure is carried out pursuant to Law No. 244/1992 Coll., as amended.
The construction authority should control all this in issuing a construction permit and permit
for use of the structure.
Information on the operation of the incineration plant is provided by the competent District
Authority for the purpose of informing the public on the basis of Law No. 123/1998 Coll., on
the right to information on the environment.
2. The State of municipal waste incineration plants
At the present time, 3 large-capacity municipal waste incineration plants are in operation in
the Czech Republic:
 the incineration plant in Brno with a planned capacity of 240 000 t p.a.,
 the incineration plant in Prague, Malešice, with a planned capacity of 310 000 t p.a.,
 the incineration plant in Liberec, with a planned capacity of 96 000 t p.a.
The incineration plants in Prague and Liberec are new incineration plants in the sense of
Directive 89/369/EEC; it is necessary to determine the date of actual bringing into operation
of the Brno incineration plant in the preparatory phase.
The planned capacity of these incineration plants in t/h:
 Prague, Malešice
3 x 16 t/h + 1 x 16 t/h reserve
 Brno
2 x 16 t/h
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Implementation plan for Council Directive 89/369/EEC on prevention of air pollution from new municipal waste
incineration plants and Council Directive 89/429/EEC on the reduction of air pollution from existing munucipal waste
incineration plants

Liberec
1 x 13.7 t/h
Approximately 4% of the total amount of municipal waste produced is incinerated.
All the municipal waste incineration plants in operation in CR comply with the valid
legislative requirements related to waste incineration in CR.
VI. Identification of problem areas, proposed measures
1. State of preparation for full transposition of the requirements of the Directive
Differences still exist between the valid legislation in CR and the requirements of the
Directive (emission limit values and technical requirements on operation and measurement),
in particular the implementation of strict emission limit values for dioxins and furans could
lead to difficulties in further operation of the incineration plants (investments or increased
operating costs).
Proposed approach - it is necessary to carry out an analysis of the current state from the
standpoint of transposition and implementation (see requirements 1 and 5) with the following
steps:
- unambiguously decide whether the Brno incineration plant is an existing or new plant
(from the standpoint of definitions in the Directives)
- acquaint the operators of all three incineration plants with the mandatory requirements of
Directive 89/369/EEC (and, for Brno, possibly 89/429/EEC), with the requirements of
Directive 96/61/EC and also with the requirements of the Draft of the new Directive on
waste incineration COM(1999)330 final
- discuss the technical and economic capabilities and their investment plans with operators
- identify potential technical and economic problems and make decisions on solutions.
The process of transposition should be further defined with the following steps:
- decision-making on potential application of the provisions of paragraph 4 or Article 3 of
Directive 89/369/EEC (setting emission limit values for additional pollutants)
- incorporation of the above into the draft of the Law on protection of the air and the ozone
layer of the Earth and the pertinent regulations for implementation
- refine estimates of impacts on the operators of incineration plants
- coordinate activities in the sector of municipal waste incineration plants with
implementation of the Law on protection of the air and the ozone layer of the Earth and
the Law on integrated pollution prevention and control.
Note: In connection with the expected early adopting of Directive COM(1999)330 final,
transposition requirements should be prepared in connection with limitation of the pollution
of further components of the environment, e.g. emission limit values for waste waters from
installations for treating gaseous combustion products and their control (see also the
implementation plan for Directive 94/67/EC).
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Implementation plan for Council Directive 89/369/EEC on prevention of air pollution from new municipal waste
incineration plants and Council Directive 89/429/EEC on the reduction of air pollution from existing munucipal waste
incineration plants
2. Provision for the necessary means
-
Clarify whether assistance should be provided to the operators of incineration plants by the
state
Provide professional assistance and support for operators in the preparation and
deliberation of applications for contributions from domestic or EU programs.
VII. Identification of stakeholders and their involvement in the
approximation process
Stakeholder 1: operators of municipal incineration plants, municipal representatives.
Stakeholder 2: NGOs, civic associations, individuals.
Stakeholder 3: Associations of cities and municipalities, Ministry for Local Development
(regional and investment policies of waste management, relations to territorial planning
documents).
VIII. Institutional, material and personnel needs
See the implementation plans for the Directives set forth in items B1 and C1.
This will be refined in the framework of a Phare project and must be resolved in direct
connection with implementation of Directive 96/61/EC IPPC.
IX. Survey of costs and proposals for provision
a) Table of financial requirements on the state budget
See the implementation plans for the Directives referred to in items B1 and C1.
This will be refined in the framework of the Phare project and must be dealt with in direct
connection with implementation of Directive 96/61/EC IPPC.
b) Table of requirements on investments by the private sector, in mil. CZK
Purpose
Amount*
Increased costs for emission measuring
Modification of technology
100
1700
Time period - Date for
allocation
2000 - 2001
2001 - 2003
* These amounts are expert estimates that will be refined on the basis of real expenditures by specific
incineration plants.
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Implementation plan for Council Directive 89/369/EEC on prevention of air pollution from new municipal waste
incineration plants and Council Directive 89/429/EEC on the reduction of air pollution from existing munucipal waste
incineration plants
X. Economic impacts
Additional capital expenditures
- modernization of incineration plants not complying with the criteria
- provision for replacement installations for incineration plants not meeting the criteria
- construction of new incineration plants
- construction of test laboratories and increasing operating costs
- annual operating costs of incineration plants
- cyclic training of service personnel and technicians
- issuing permits
- inspection and supervision
- disclosure of information
will lead to increased costs for waste incineration. These costs could be reflected in increased
costs connected with complex waste management. They could become even less competitive
compared to other means of waste management.
XI. Project identification
Existing / Approved projects:
Professional support for transposition of the EU legislation related to waste incineration plants
into Czech legislation was prepared in the framework of the projects Phare CZ 9405-01-01
AL VIII/8 and CZ 0405-01-01 AL VIII/9 (The Air Protection Legislation of the Czech
Republic - An Analysis of Conformity with the Legislation of the European Union) in 1997
and CZ 9703-01-01-01 (Project of Legislative Approximation - Legal Consulting, working
plan ref. no.: WP-6-3, Gaedertz Vieregge Quack Kreile) in the framework of which the study
"Transposition of Council Directives 89/369/EEC, 89/429/EEC, 94/67/EC and the draft of the
new Directive COM(97)604 final into the Czech air protection legislation" was prepared in
1999.
A call for tenders has been completed for the Phare project CZ 9811-02-01
"Implementation/Investment Strategies for EC Air Directives". The project is expected to be
begun in June, 2001 and completed in July 2001 and will include a proposal for
implementation strategy for the area of air protection and related estimation of investment
costs.
Informing the public constitutes the subject of the Phare project "Management of Information
Systems (MIS)", which is on-going. Information requirements connected with implementation
of both these Directives and the new Directive should be included here.
Phare project CZ 9809-02-05 "Implementation/Investment Strategies for EC Waste
Directives" is also relevant for implementation of this Directive. The project is expected to be
begun in June, 2000 and completed in July 2001 and will include a proposal for
implementation strategy and connected estimation of investment costs. This project is of key
importance for implementation of this Directive.
Planned projects:
Projects from the Phare program that are relevant to this material are being prepared in the
area of the best available technology (BAT) and integrated pollution prevention and control
(IPPC). It is highly desirable to include them in the implementation strategy.
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