The Waste Framework Directive (WFD) has contained a hierarchy of waste management methods since the 1st of April 1993. In the revised WFD (Directive 2008/98/EC) the hierarchy prioritises waste prevention followed by preparing for reuse, recycling, recovery and finally, least favourably, disposal.
The Waste Framework Directive (WFD) Article 3 makes the following definitions:
Despite the lists of recovery and disposal operation provided in the Annexes of the WFD, the classification of a recovery operation or a disposal operation becomes uncertain when considering waste incineration. A Municipal Solid Waste Incinerator (MSWI) could be classified as either a recovery operation (R1 - Use principally as a fuel or other means to generate energy) or a disposal operation (D10 - Incineration on land). As waste policy has evolved and become increasingly focused on moving waste 'up the hierarchy', national targets for recycling and recovery reflect this shift in emphasis. The distinction between 'recovery' and 'disposal' has become progressively more relevant, both commercially and economically.
In 2003, the European Court of Justice made two judgements[1] that established principles to differentiate between R1 operations and D10 operations. To be classed as an R1 operation the process must meet the following criteria:
These judgements superseded the previous standards used by Member States (such as calorific value of waste, quantity of harmful substances and energy efficiency of the process) without addressing the specifics of classifying a plant so still did not ensure a consistent application of the WFD across Europe.
The Revised WFD now specifies that incineration facilities dedicated to the processing of municipal solid waste can be classified as R1 only where their energy efficiency is equal to or above:
The formula used to calculate this value of energy efficiency, "the R1 Energy Efficiency Formula" is:

It should be noted that the R1 formula does not calculate a conventional efficiency but the efficiency at which the produced energy is utilised.
Even when the formula is used there is still considerable scope for variation in its use. Comprehensive guidance has been produced by the European Commission to ensure a consistent interpretation and a harmonised application of the R1 formula across the EU which specifies:
The guidance was issued by the European Commission's DG Environment on 1st July 2011, and is available at: EC R1 Energy Efficiency Formula Guidance
Annex II of the WFD restricts the scope of the formula to "incineration facilities dedicated to the processing of Municipal Solid Waste" so it does not apply to plants that are dedicated to incineration or co-incineration of hazardous waste, hospital waste, sewage sludge or industrial waste.
It is also crucial that the formula is applied to the correct parts of the EfW process and that the 'system boundaries' are set correctly. The system boundaries that are used will have considerable implications on the energy streams that are calculated as Ef, Ew and Ei in the efficiency calculation. Therefore, the 'system boundaries' are clearly defined in the guidance as the 'functional incineration unit' not the installation according to the IPPC permit. The functional incineration unit is set as the incineration oven(s), the boiler(s), and the incineration flue gas cleaning system and, often, energy transformation and recovery equipment such as heat exchangers feeding a district heating or cooling network and/or turbine generator.
CEWEP (Confederation of European Waste-to-Energy Plants) produced a report[3] estimating the number of Energy-from-Waste plants that would currently achieve 'R1' status based on operation years 2004-2007. The results are summarised in Table 1:
|
No. of EfW plants in Europe (EU27+CH+NO) in 2006 |
420 |
|
No. of EfW plants participating in CEWEP study |
231 |
|
Number of EfW plants achieving efficiency 0.60 |
169 |
|
Percentage of European EfW plants that would currently achieve R1 status |
40% |
Interestingly, while waiting for the R1 guidance to be finalised, the Netherlands introduced their own more rigorous version of the European R1 formula and awarded R1 status to 62% of their national EfW capacity. They estimate that when they introduce the finalised European version, this will rise to 80%.
[1] ECJ 13 February 2003 (Commission v Luxembourg, C-228/00), European Court reports 2003, page I-
1439; ECJ 13 February 2003 (Commission v Germany, C-458/00), European Court reports 2003, page I-1553.
[2] http://epp.eurostat.ec.europa.eu/cache/ITY_OFFPUB/KS-76-06-604/EN/KS-76-06-604-EN.PDF
[3] http://www.cewep.eu/studies/climate-protection/art230,360.html