Waste incineration and clean air in Andalusia

Subject: Waste incineration and clean air in Andalusia

In opting to use cement plants for waste incineration, the Regional Government of Andalusia is continuing down a linear economic path, with serious health and environmental consequences

In 2016, the Court of Justice of the European Union ruled against Spain for breaching Directive 1999/31/EC on the landfill of waste in around thirty municipal landfill sites. The Andalusian Environment Department has failed to introduce a specific set of penalties and deterrents to discourage landfilling, as required.

What measures does the Commission believe have been taken to recover costs as set out in Directive 2008/98/EC on waste, to reach the objective of zero waste, and to introduce a waste elimination tax?

Does it plan to revoke environmental permits that allow waste to be incinerated at sites that have been declared illegal, review existing permits in order to ensure that incineration is subject to modern technological and measuring standards, and ensure the public is kept informed?

What measures are being considered in order to ensure that incinerators are kept away from urban centres and that the circular economy commitments contained in Andalusia’s forthcoming Integrated Waste Plan are honoured?

Answer given by Mr Vella on behalf of the European Commission

(30 July 2018)

The waste management plan of 2010 as reviewed in 2016 for the region of Andalucía is compliant with the mandatory requirements in Directive 2008/98/EC (1). The plan refers to a number of economic instruments applied to waste management (2).

As regards environmental permits for waste incineration, the Commission is not competent to revoke or review existing permits. Member States have the primary responsibility for the correct application of Directive 2010/75/EU (3) (IED). The strict application of the IED should be ensured to provide the assurance that emissions from such plants do not pose a threat to human health and the environment. If permit conditions are not complied with, pursuant to Article 8 of the IED, compliance shall be restored and in case of immediate significant adverse effect upon the environment operations shall be suspended.

The Commission adopted a communication on the role of waste-to-energy in the circular econom y (4) in 2017. It presents its position about the importance of Member States’ waste management system to strictly observe the EU waste hierarchy to ensure a smooth transition to a circular economy.

The authorities in the region of Andalucía are competent to decide on the localisation and the waste management infrastructure to meet the objectives and targets set out in the regional waste management plan. Such decisions should observe the EU waste hierarchy, take account of the EU recycling targets and avoid infrastructure overcapacities for the treatment of residual waste. As regards decisions about the location of incinerators, the cited Communication underlines that Member States should ensure combined supply of electricity and heat or cooling to local residents and industry, where possible.

⋅1∙ Article 28 of Directive 2008/98/EC on waste, OJ L 312 of 22.11.2008.

⋅2∙ Such as an increasing disposal fees for construction and demolition waste.

⋅3∙ Directive 2010/75/EU on industrial emissions, OJ L 334 of 17.12.2010.

⋅4∙ http://ec.europa.eu/environment/waste/waste-to-energy.pdf