28.12.2000 Official Journal of the European Communities L 332/91 DIRECTIVE 2000/76/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 4 December 2000 on the incineration of waste THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 175(1) thereof, Having regard to the proposal from the Commission ('), Having regard to the Opinion of the Economic and Social Committee (%), Having regard to the Opinion of the Committee of the Regions (3), Acting in accordance with the procedure laid down in Article 251 of the Treaty (*), and in the light of the joint text approved by the Conciliation Committee on 11 October 2000, Whereas: (1)  The fifth Environment Action Programme: Towards sustainability — A European Community programme of policy and action in relation to the environment and sustainable development, supplemented by Decision No 2179/98/EC on its review (°), sets as an objective that critical loads and levels of certain pollutants such as nitrogen oxides (NO), sulphur dioxide (SO,), heavy metals and dioxins should not be exceeded, while in terms of air quality the objective is that all people should be effectively protected against recognised health risks from air pollution. That Programme further sets as an objective a 90 % reduction of dioxin emissions of identi- fied sources by 2005 (1985 level) and at least 70 % reduction from all pathways of cadmium (Cd), mercury (Hg) and lead (Pb) emissions in 1995. (2)  The Protocol on persistent organic pollutants signed by the Community within the framework of the United Nations Economic Commission for Europe (UN-ECE) Convention on long-range transboundary air pollution sets legally binding limit values for the emission of dioxins and furans of 0,1 ng/m; TE (Toxicity Equiva- lents) for installations burning more than 3 tonnes per hour of municipal solid waste, 0,5 ng/m; TE for installa- tions burning more than 1 tonne per hour of medical () O] C 13, 17.1.1998, p. 6 and O] C 372, 2.12.1998, p. 11. () O C 116, 28.4.1999, p. 40. () O] C 198, 14.7.1999, p. 37. (*) Opinion of the European Parliament of 14 April 1999 (O] C 219, 30.7.1999, p. 249), Council Common Position of 25 November 1999 (O] C 25, 28.1.2000, p. 17) and Decision of the European Parliament of 15 March 2000 (not yet published in the Official Journal). Decision of the European Parliament of 16 November 2000 and Decision of the Council of 20 November 2000. () O] C 138, 17.5.1993, p. 1 and OJ L 275, 10.10.1998, p. 1. waste, and 0,2 ng/m; TE for installations burning more than 1 tonne per hour of hazardous waste. (3)  The Protocol on Heavy Metals signed by the Community within the framework of the UN-ECE Convention on long-range transboundary air pollution sets legally binding limit values for the emission of particulate of 10 mg/m’ for hazardous and medical waste incineration and for the emission of mercury of 0,05 mg/m’ for hazardous waste incineration and 0,08 mg/m* for municipal waste incineration. (4 The International Agency for Research on Cancer and the World Health Organisation indicate that some poly- cyclic aromatic hydrocarbons (PAHs) are carcinogenic. Therefore, Member States may set emission limit values for PAHs among other pollutants. (5)  In accordance with the principles of subsidiarity and proportionality as set out in Article 5 of the Treaty, there is a need to take action at the level of the Community. The precautionary principle provides the basis for further measures. This Directive confines itself to minimum requirements for incineration and co-incin- eration plants. (6)  Further, Article 174 provides that Community policy on the environment is to contribute to protecting human health. (7)  Therefore, a high level of environmental protection and human health protection requires the setting and main- taining of stringent operational conditions, technical requirements and emission limit values for plants incin- erating or co-incinerating waste within the Community. The limit values set should prevent or limit as far as practicable negative effects on the environment and the resulting risks to human health. (8  The Communication from the Commission on the review of the Community Strategy for waste manage- ment assigns prevention of waste the first priority, followed by reuse and recovery and finally by safe disposal of waste; in its Resolution of 24 February 1997 on a Community Strategy for waste management (°), the Council reiterated its conviction that waste prevention should be the first priority of any rational waste policy in relation to minimising waste production and the hazardous properties of waste. (9 0] C 76, 11.3.1997, p. 1.