Legal provisions of COM(2022)157 - Reporting of environmental data from industrial installations and establishing an Industrial Emissions Portal - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2022)157 - Reporting of environmental data from industrial installations and establishing an Industrial Emissions Portal. |
|---|---|
| document | COM(2022)157  |
| date | April 24, 2024 |
Article 1
Subject matter
This Regulation lays down rules on the collection and reporting of environmental data on industrial installations and establishes an Industrial Emissions Portal (the ‘Portal’) at Union level in the form of an online database giving public access to such data.
This Regulation implements the UNECE Protocol on Pollutant Release and Transfer Registers (the ‘Protocol’).
Article 2
Objectives
The objectives of this Regulation are to enhance public access to information through the establishment of the Portal, thereby facilitating public participation in environmental decision-making as well as identifying sources of industrial pollution, and to enable industrial pollution to be monitored in order to contribute to its prevention and reduction.
Article 3
Definitions
For the purposes of this Regulation, the following definitions apply:
| (1) | ‘installation’ means a stationary technical unit within which one or more activities listed in Annex I are carried out, and any other directly associated activities on the same site which have a technical connection with the activities listed in that Annex and which could have an effect on emissions and pollution; |
| (2) | ‘facility’ means one or more installations, or parts thereof, that are on the same site and that are operated by the same natural or legal person; |
| (3) | ‘site’ means the geographical location of the installation and the facility; |
| (4) | ‘the public’ means the public as defined in Article 3, point (16), of Directive 2010/75/EU; |
| (5) | ‘release’ means any introduction of a pollutant into the environment as a result of any human activity, whether deliberate or accidental, routine or non-routine, including spilling, emitting, discharging, injecting, disposing or dumping, or through sewer systems without final waste water treatment; |
| (6) | ‘pollutant’ means a substance or a group of substances that can be harmful to the environment or to human health on account of its properties and of its introduction into the environment; |
| (7) | ‘substance’ means a substance as defined in Article 3, point (1), of Directive 2010/75/EU; |
| (8) | ‘operator’ means an operator as defined in Article 3, point (15), of Directive 2010/75/EU; |
| (9) | ‘off-site transfer’ means the movement, beyond the boundaries of an installation, of waste destined for recovery or disposal operations and of pollutants in waste water destined for waste water treatment; |
| (10) | ‘waste’ means waste as defined in Article 3, point (1), of Directive 2008/98/EC; |
| (11) | ‘waste water’ means urban, domestic and industrial waste water, as defined in Article 2, points (1), (2) and (3), of Directive 91/271/EEC, respectively, and any other used water which is subject, due to the substances or objects it contains, to regulation by Union law; |
| (12) | ‘diffuse sources’ means the many smaller or scattered sources from which pollutants can be released to air, water or land, the combined impact of which on those media can be significant and for which it is impractical to collect reports from each individual source; |
| (13) | ‘competent authority’ means the national authority or authorities, or any other competent body or bodies, designated by Member States; |
| (14) | ‘hazardous waste’ means hazardous waste as defined in Article 3, point (2), of Directive 2008/98/EC; |
| (15) | ‘recovery operation’ means any of the operations referred to in Annex II to Directive 2008/98/EC; |
| (16) | ‘disposal operation’ means any of the operations referred to in Annex I to Directive 2008/98/EC; |
| (17) | ‘reporting year’ means the calendar year for which data must be gathered; |
| (18) | ‘aquaculture’ means aquaculture as defined in Article 4, point (25), of Regulation (EU) No 1380/2013 of the European Parliament and of the Council (26). |
Article 4
Content of the Portal
1. The Portal shall include the following:
| (a) | data on the release of pollutants as referred to in Article 6(1), point (a); |
| (b) | data on off-site transfers of waste as referred to in Article 6(1), point (b), and of pollutants in waste water as referred to in Article 6(1), point (c); |
| (c) | information on individual installations, reported by the Member States to the Commission in accordance with Directive 2010/75/EU, in particular Article 72 thereof; |
| (d) | data on the use of water, energy and relevant raw materials as referred to in Article 6(1), point (d); |
| (e) | contextual information as referred to in Article 6(1), point (e); |
| (f) | data on the release of pollutants from diffuse sources as referred to in Article 8(1), where such data are available. |
2. The Portal shall include links to the following:
| (a) | national pollutant release and transfer registers established by the Member States in accordance with the Protocol; |
| (b) | other existing publicly accessible registers, databases or websites, established at Member State or Union level, that provide access to the reporting requirements set out in Union law on climate change, on air, water and land protection, and on waste management. |
Article 5
Design and structure of the Portal
1. The Commission shall make the Portal publicly accessible, presenting the data in a standardised format, in both aggregated and non-aggregated forms with a view to enabling at least searches, data extraction and query-based downloads of datasets by:
| (a) | facility, including the facility’s parent company where applicable, and its geographical location, including the river basin; |
| (b) | installation; |
| (c) | activity; |
| (d) | occurrence at Member State or Union level; |
| (e) | pollutant, waste or resource, as appropriate; |
| (f) | the environmental medium, namely air, water or land, into which the pollutant is released; |
| (g) | off-site transfers of waste and, as appropriate, their destination; |
| (h) | off-site transfers of pollutants in waste water; |
| (i) | diffuse sources; and |
| (j) | installation owner or operator. |
2. The Portal shall be designed so as to make it as easy as possible for the public to access the data and to allow the data, under normal operating conditions, to be continuously and readily accessible on the internet. The Portal shall include all data reported for at least the previous 10 reporting years. The design of the Portal shall take into account the possibility of its future expansion.
Article 6
Reporting by operators to competent authorities
1. Each operator of an installation that undertakes one or more of the activities listed in Annex I which meet or exceed the applicable capacity thresholds specified in that Annex and either releases any of the pollutants listed in Annex II in a quantity above the applicable thresholds, or exceeds the waste thresholds set out in point (b) of this paragraph, shall report annually to its competent authority at least the following information and data, unless such information or data are already available to the competent authority:
| (a) | data on the release to air, water and land of any pollutant listed in Annex II for which the applicable threshold specified in that Annex is exceeded; |
| (b) | data on off-site transfers of hazardous waste exceeding 2 tonnes per year per facility or of non-hazardous waste exceeding 2 000 tonnes per year per facility, for any recovery or disposal operation with the exception of land treatment and deep injection, as specified in Annex I to Directive 2008/98/EC, indicating with ‘R’ or ‘D’ whether the waste is destined for recovery or disposal operations, respectively, and, for transboundary movements of hazardous waste, the name and address of the undertaking which carried out the recovery or disposal operations involving the waste and of the actual recovery or disposal operations site; waste which is subject to land treatment or deep injection disposal operations shall be reported as a release to land only by the operator of the installation, from which the waste originates; |
| (c) | data on off-site transfers of any pollutant listed in Annex II in waste water destined for waste water treatment for which the threshold specified in column 1b of that Annex is exceeded; |
| (d) | data on the use of water, energy and relevant raw materials as determined in the implementing act referred to in the second subparagraph; |
| (e) | information allowing contextualisation of the data reported under points (a) to (d), including production volume and number of operating hours; |
| (f) | information on whether the installation is covered by Directive 2003/87/EC of the European Parliament and of the Council (27), Directive 91/271/EEC, Directive 2010/75/EU, Directive 2012/18/EU, Directive (EU) 2015/2193 or any other Union environmental law identified in the reporting format referred to in Article 7 of this Regulation; |
| (g) | information on the facility to which the installation belongs. |
The Commission shall, by 31 December 2025, adopt by means of implementing acts a list of relevant raw materials to be reported under point (d) of the first subparagraph of this paragraph, specifying the types and the units, on the basis of the best available techniques (BAT) reference documents as defined in Article 3, point (11), of Directive 2010/75/EU. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 17(2) of this Regulation. The Commission shall review those implementing acts and shall revise them, where relevant.
2. Where a release as referred to in paragraph 1, first subparagraph, point (a), or an off-site transfer of pollutants referred to in paragraph 1, first subparagraph, point (c), does not exceed the applicable thresholds specified in Annex II, or where off-site transfers of waste do not exceed the thresholds set out in paragraph 1, first subparagraph, point (b), the operator of the installation concerned shall declare, in its report, that the release of pollutants or off-site transfers of pollutants or waste are below those thresholds.
Member States may decide to report the information referred to in the first subparagraph only in the first report for an installation, or part thereof, drawn up by an operator after the entry into force of this Regulation or in the first report drawn up by an operator after the release of pollutants or off-site transfers of pollutants or waste no longer exceed the applicable thresholds specified in Annex II.
3. When preparing the report referred to in paragraph 1, first subparagraph, of this Article, operators shall make use of the best available information. Operators shall obtain the data by means of measurement. Where measurement does not result in the best available information, is not practicable or is not technologically and economically viable, operators shall obtain the data by means of calculation. Where neither measurement nor calculation is practicable, operators may obtain the data by estimation. The information may include monitoring data, emission factors, mass balance equations, indirect monitoring or other calculations, engineering judgements and other methods that are in accordance with Article 9(1) and, where available, internationally approved methodologies.
4. Operators shall specify in the report referred to in paragraph 1 the methods used for obtaining the data. Where the data were obtained by measurement, the analytical method shall be indicated. Where the data were obtained by calculation, the method of calculation shall be indicated.
5. The releases referred to in Annex II which are reported under paragraph 1, first subparagraph, shall include all releases from all sources included in Annex I at the site of the installation.
6. For the purposes of paragraph 1, first subparagraph, data on releases and transfers shall be reported as totals of all deliberate, accidental, routine and non-routine activities. In providing those data, operators shall specify, where available, any data that relate to the accidental release of pollutants.
7. The operator of each installation shall collect with appropriate frequency the data needed to determine which of the releases and off-site transfers of the installation, or part thereof, are subject to reporting requirements under paragraph 1, first subparagraph.
8. The operator of each installation shall keep the records from which the reported data were derived available for its competent authority for five years from the end of the reporting year concerned. Those records shall also describe the methodology used for data gathering.
9. Member States may decide to quantify deliberate releases as referred to in paragraph 1, first subparagraph, point (a), of this Article themselves on behalf of operators of installations covered by the activities referred to in the second and the seventh rows of Annex I. In such cases, paragraphs 1 to 8 of this Article shall not apply to those operators in respect of such releases.
10. For the purposes of Article 7, Member States shall determine a date by which operators are to provide the data referred to in this Article to their competent authorities.
11. Until the date of entry into force of the delegated act referred to in Article 15(3), where an installation, or part thereof, does not meet the conditions laid down in paragraph 1, first subparagraph, of this Article, but is part of a facility which meets those conditions, that installation, or part thereof, shall be subject to the reporting obligations established in this Article, except for the obligations established in paragraph 2 of this Article.
Article 7
Reporting by Member States to the Commission
1. On an annual basis, no later than 11 months from the end of the reporting year, Member States shall submit to the Commission, by electronic means, a report including all the data referred to in Article 6, in a format to be established by the Commission by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 17(2).
2. The Commission services, assisted by the European Environment Agency (the ‘Agency’), shall incorporate the data reported by Member States into the Portal within one month of the completion of reporting by Member States in accordance with paragraph 1.
Article 8
Data on the release of pollutants from diffuse sources
1. The Commission, assisted by the Agency, shall include in the Portal data on the release of pollutants from diffuse sources, where such data exist and have already been reported by Member States.
2. The data available on the Portal shall allow users to search for and identify the release of pollutants from diffuse sources according to an adequate geographical disaggregation and shall include information on the type of methodology used to derive the data.
3. Where it determines that no data on the release of pollutants from diffuse sources exist, the Commission is empowered to adopt delegated acts in accordance with Article 16 in order to supplement this Regulation by initiating reporting on the release of relevant pollutants from one or more diffuse sources using, where appropriate, internationally approved methodologies.
Article 9
Quality assurance and assessment
1. The operators of an installation that are subject to the reporting requirements set out in Article 6 shall ensure that the data they report are of high quality.
2. The competent authorities shall assess the quality of the data provided by the operators asreferred to in paragraph 1 of this Article, in particular as to the accuracy, completeness, consistency and credibility of those data. In the event of qualitative deficiencies being present in the data provided pursuant to Article 6, at the request of the competent authorities, the operators concerned shall provide the corrected data to the competent authorities without delay.
Article 10
Access to information
1. The Commission, assisted by the Agency, shall make the data included in the Portal publicly accessible and free of charge on the internet within one month of the submission of the reports by Member States in accordance with Article 7(1).
2. Where the public cannot easily access the data included in the Portal, the Member State concerned and the Commission shall facilitate electronic access to the Portal in publicly accessible locations.
3. Each Member State shall make available to the public its data, reported in accordance with Article 6 and, where available, Article 8(1), in a continuous manner, free of charge and without access being conditional on registration.
Article 11
Confidentiality
Where data are considered confidential by a Member State in accordance with Article 4(2) of Directive 2003/4/EC, the report referred to in Article 7(1) of this Regulation for the reporting year concerned shall indicate separately for each installation which data cannot be made public and provide the reasons for that.
Article 12
Public participation
1. The Commission shall provide the public with early and effective opportunities to participate in the further development of the Portal, including through capacity-building and the preparation of amendments to this Regulation.
2. The public shall have the opportunity to submit comments, information, analyses and opinions within a reasonable timeframe and in any of the official languages of the Union.
3. The Commission shall take due account of such input and shall inform the public about the outcome of the public participation.
Article 13
Guidance
The Commission, assisted by the Agency and in consultation with the Member States, shall draw up and periodically update guidance supporting the implementation of this Regulation, addressing at least the following:
| (a) | reporting procedures, with particular attention to be paid to provisions that were not part of Regulation (EC) No 166/2006 and sectors that were not covered by that Regulation, including technical guidelines regarding methods facilitating analysis for monitoring of PFAS, such as detection limits, parametric values and frequency of sampling; |
| (b) | the data to be reported; |
| (c) | quality assurance and assessment; |
| (d) | an indication of the type of data which can be withheld and, in the case of confidential data, the reasons for withholding them; |
| (e) | reference to internationally approved methods for release determination, analysis and sampling; |
| (f) | the names of any parent companies; |
| (g) | calculation methods, including emission factors per abatement technology, for livestock production and aquaculture; |
| (h) | how to apply in practice the definitions laid down in this Regulation for sites, facilities and installations, by means of, inter alia, a list of examples or specific explanations, pictures, drawings, diagrams or any other visual reference or support. |
The guidelines concerning points (a) to (g) of the first paragraph, shall be drawn up for the first time by 1 January 2026.
The guidelines concerning point (h) of the first paragraph, shall be drawn up for the first time by 1 January 2025, after consulting the Member States.
Article 14
Awareness raising
The Member States and the Commission shall promote public awareness of the Portal andunderstanding and use of the data included in it.
Article 15
Amendments to the Annexes
1. The Commission is empowered to adopt delegated acts in accordance with Article 16 of this Regulation in order to amend Annex I thereof to align it with the Protocol following the adoption of any amendment to its annexes.
2. The Commission is empowered to adopt delegated acts in accordance with Article 16 in order to amend Annex II for one or more of the following purposes:
| (a) | to add a pollutant, where the release of that pollutant to air, water or land has, or can have, an adverse impact on the environment or human health, including a pollutant that is released from activities referred to in Annex I, and that meets one of the following conditions:
|
| (b) | to set and update thresholds for the release of pollutants so as to achieve the goal of capturing at least 90 % of the release of each pollutant to air, water and land from activities referred to in Annex I, including thresholds of zero for substances constituting a particularly high hazard for human health or the environment; |
| (c) | to add or remove a pollutant and, where necessary, amend the applicable threshold in order to align Annex II to this Regulation with the Protocol; |
| (d) | to remove a pollutant that is no longer designated as a priority substance as referred to in point (a)(ii) of this paragraph or that is removed from the watch lists referred to in point (a)(iii). |
3. The Commission shall adopt a delegated act in accordance with paragraph 2 by 31 December 2025. The Commission may adopt additional delegated acts after that date in accordance with paragraph 2.
Article 16
Exercise of the delegation
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
2. The power to adopt delegated acts referred to in Article 8(3) and Article 15(1) and (2) shall be conferred on the Commission for a period of five years from 22 May 2024. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
3. The delegation of power referred to in Article 8(3) and Article 15(1) and (2) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.
5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
6. A delegated act adopted pursuant to Article 8(3) or Article 15(1) or (2) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Article 17
Committee Procedure
1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
Article 18
Penalties and compliance assurance measures
1. Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall, without undue delay, notify the Commission of those rules and of those measures and shall notify it, without undue delay, of any subsequent amendments to those rules or measures.
2. The penalties referred to in paragraph 1 shall include fines.
3. Member States shall ensure that the penalties established pursuant to this Article give due regard to the following, as applicable:
| (a) | the nature, gravity and extent of the infringement, bearing in mind the objective of achieving a high level of protection of human health and the environment; |
| (b) | the degree of the fault involved in the infringement; |
| (c) | the repetitive or one-off character of the infringement. |
4. Member States shall adopt compliance assurance measures to prevent and detect the infringements referred to in paragraph 1.
Article 19
Review
The Commission shall carry out a review of the implementation of this Regulation and its Annexes, at least every five years from its date of application. The purpose of the review shall be, amongst other things, to ensure the alignment of this Regulation and its Annexes with scientific and technical progress. The review process shall take due account of international initiatives addressing the release of pollutants from industrial activities and the impact of the release of such pollutants on human health or the environment, Member States’ best practices and progress in that regard, and progress in research and technology.
Where appropriate, the Commission shall submit a legislative proposal to the European Parliament and to the Council to amend this Regulation or the Annexes thereto, or both.
Article 20
Repeal
Regulation (EC) No 166/2006 is repealed with effect from 1 January 2028.
References to the repealed Regulation (EC) No 166/2006 shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex III to this Regulation.
Article 21
Transitional provisions
Notwithstanding Article 20, first paragraph, of this Regulation, Regulation (EC) No 166/2006 shall continue to apply as regards reporting for the year 2026.
Article 22
Entry into force
This Regulation shall enter into force on the twentieth day following its publication in the Official Journal of the European Union.
It shall apply from 1 January 2028.
This Regulation shall be binding in its entirety and directly applicable in all Member States.