Changes between two versions
What changed between the draft committee report and the plenary report
From · draft committee report· 27 Oct 2022
on the proposal for a regulation of the European Parliament and of the Council on reporting of environmental data from industrial installations and establishing an Industrial Emissions Portal
To · plenary report· 5 Jun 2023
on the proposal for a regulation of the European Parliament and of the Council on reporting of environmental data from industrial installations and establishing an Industrial Emissions Portal
Changes to the text itself, in document order. Cover page, citations and punctuation-only edits are left out; they are under “Every difference”.
The changes · 8
Change 1
Added:Recital 2: (2) The Aarhus Convention, ratified by the European Community on 17 February 2005 by Council Decision 2005/370/EC, recognises that increased public access to environmental information and the dissemination of such information contribute to a greater awareness of environmental matters, a free exchange of views, more effective participation by the public in environmental decision-making and, eventually, to a better environment. Where national or Union law requires that commercial or industrial information be kept confidential to protect a legitimate economic interest, that confidentiality should be safeguarded, in order to protect such legitimate economic interests.
Added:Recital 2 a (new): (2a) The Aarhus Convention recognises the right to protection of personal data and/or files, relating to a natural person who has not consented to the disclosure of the information to the public, where the confidentiality of such information is provided for in national law. Furthermore, Regulation (EU)2016/679 of the European Parliament and of the Council1a requires Member States to inform data subjects of their rights under the data protection rules and of the procedures applicable for exercising those rights. / 1a Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
Added:Recital 7: (7) In line with the conclusions of the Commission’s second report on implementation of Regulation (EC) No 166/2006, the Commission, supported by the European Environment Agency (‘the Agency’), developed in June 2021 an Industrial Emissions Portal (‘the Portal’)38 to replace the European Pollutant Release and Transfer Register, aiming to improve synergies with reporting under Directive 2010/75/EU.
Added:Recital 8: (8) The Portal should provide the public with free-of-charge and online access to a further integrated and coherent dataset in all official languages of the Union on key environmental pressures generated by industrial installations, including information required to be provided under Article 74(2a) of the European Parliament and of the Council, as amended by Directive XX/XXXX of the Parliament and of the Council (COM(2022)156), since such data constitute a cost-effective tool for drawing comparisons and taking decisions in environmental matters, encouraging better environmental performance, tracking trends, demonstrating progress in pollution reduction, better environmental benchmarking of installations, while recognising the specificities of each installation, monitoring compliance with relevant international agreements, setting priorities and evaluating progress achieved through Union and national environmental policies and programmes.
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Added:Recital 9: (9) The Portal should present the data it contains in aggregated and non-aggregated forms to permit users to undertake targeted searches as well as to allow for user-friendly, electronic means of extraction of data, including query-based datasets.
Change 2
Changed:Recital 13: (13) The Portal should also include basic data on the use of water, energy and raw materials by the concerned installations, provided that the extent of those data does not exceed what is necessary to allow monitoring of progress towards a circular, highly resource-efficient economy and that the inclusion of those data on the Portal does not lead to the disclosure of confidential business information or commercially sensitive information.economy.
Change 3
Changed:Recital 15: (15) Operators of installations should also report general information concerning the production volume and operating hours of the concerned installation, as well as information on accidents that have led to releases, provided the extent of that information does not exceed what is necessary to enable the contextualisation of reported data on pollutant releases and off-site transfers of waste and waste water and that such reporting does not lead to the disclosure of confidential business information or commercially sensitive information.water.
Change 4
Removed:Recital 27: deleted
Added:Recital 16: (16) The overall benefit of the Portal for access to environmental information concerning industrial installations should be maximised by including links to the summary of the permit, the environmental management system, and the transformation plan, as well as to other information flows that stem from Union environmental legislation on climate change, air, water and land protection and on waste management, including reporting under Directive 2012/18/EU of the European Parliament and of the Council41, Directive 2008/98/EC of the European Parliament and of the Council42 and Directive 2010/75/EU. Moreover, in order to maximise the Portal’s value to users, it should be designed to facilitate future integration with other relevant environmental data flows.
Removed:Article 3 – paragraph 1 – introductory part: 1. The Portal shall include non-confidential data on:
Added:Recital 20: (20) In order to ensure uniform conditions for the implementation of the provisions of this Regulation regarding reporting by Member States, implementing powers should be conferred on the Commission to establish the type and format of information to be provided, including standardised electronic forms where appropriate, and the reporting deadlines. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council43.
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Added:Recital 21: (21) Given the importance for the Union citizens of quick access to environmental information, it is essential that Member States and the Commission make data publicly available as fast as technically feasible, and in any event not later than one month after the information has been generated. To that end, whereas the precise reporting deadline is to be established in an implementing act, it should be no later than 11 months after the end of the reporting year.
Added:Recital 23: (23) Data reported electronically by the Member States and operators should be of high quality in particular as regards their accuracy, completeness, consistency and credibility. Competent authorities should therefore assess the quality of the data provided by operators.
Added:Recital 25: (25) Public participation should be ensured in further development of the Portal by providing early, regular and effective opportunities to submit comments, information, analysis and opinions for the decision-making process.
Added:Recital 26: (26) In order to enhance the usefulness and impact of the Portal, the Commission, supported by the Agency, should facilitate the harmonisation of the electronic provision of data, in order to ease their circulation and publication, and should develop guidance supporting the implementation of this Regulation as well as provide technical assistance, for instance, to support the development of electronic forms.
Added:Recital 29: (29) The Commission should also be empowered to adopt delegated acts in accordance with Article 290 of the Treaty to amend Annex II to this Regulation to determine reporting thresholds, to add pollutants, in particular substances of emerging concern, such as micropollutants or microplastics, including in their nano forms, which are subject to specific regulatory measures under Union law on water and air quality and on chemicals, including Regulation (EC) No 1907/2006 of the European Parliament and of the Council52 , Directives 2000/60/EC53 , 2004/107/EC54 , 2006/118/EC55 , 2008/50/EC56 and 2008/105/EU57 of the European Parliament and of the Council, to reflect changes made to the Protocol with regard to the pollutants to be reported or their reporting thresholds, and to adapt that Annex to scientific or technical progress.
Added:Recital 30: (30) When adopting delegated acts, it is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level and at the level of the relevant specialists and industrial sectors, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making58. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.
Added:Article 1 – paragraph 1: This Regulation implements the UNECE Protocol on Pollutant Release and Transfer Registers (‘the Protocol’) by laying 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 access to such data.
Added:Article 2 – paragraph 1 – point 9 a (new): (9a) ‘EU Waste Code’ means the six-digit code on the list of waste of Commission Decision 2014/955/EU of 18 December 2014 amending Decision 2000/532/EC on the list of waste pursuant to Directive 2008/98/EC of the European Parliament and of the Council1a / 1a Commission Decision 2014/995/EU of 18 December 2014 amending Decision 2000/532/EC on the list of waste pursuant to Directive 2008/98/EC of the European Parliament and of the Council
Added:Article 2 – paragraph 1 – point 14: (14) ‘recovery’ means the operations referred to in Annex II to Directive 2008/98/EC, disaggregated by relevant R code;
Added:Recovery operations are listed with R codes in Annex II of Directive 2008/98/EC. Data on recovery available on the Portal should be broken down by R code.
Added:Article 2 – paragraph 1 – point 15: (15) ‘disposal’ means the operations referred to in Annex I to Directive 2008/98/EC, disaggregated by relevant D code;
Added:Disposal operations are listed with R codes in Annex I of Directive 2008/98/EC. Data on disposal available on the Portal should be broken down by D code.
Added:Article 3 – paragraph 1 – introductory part: 1. The Portal shall include data, in a standardised format which facilitates data extraction, on:
Added:Article 3 – paragraph 1 – point b a (new): (ba) the summary of the permit as laid down in the implementing act referred to in Article 5(4) second subparagraph of Directive 2010/75/EU on industrial emissions, as amended by Directive XX/XXXX of the European Parliament and of the Council (COM (2022)156), and the annex to the permit in accordance with Article 15(1) of Directive 2010/75/EU on industrial emissions, as amended by Directive XX/XXXX of the European Parliament and of the Council (COM (2022)156);
Added:Article 3 – paragraph 1 – point e a (new): (ea) where available, systematised information provided by the Member States on the available scientific data as referred to in Article 79a of Directive 2010/75/EU on industrial emissions, as amended by Directive XX/XXXX of the European Parliament and of the Council (COM (2022)156).
Added:Article 3 – paragraph 1 a (new): 1a. The Portal shall also include: / (a) a list of non-compliant installations pursuant to Article 79 of Directive 2010/75/EU on industrial emissions, as amended by Directive XX/XXXX of the European Parliament and of the Council (COM (2022)156)following the final decision on the non-compliance issued by the competent judicial or administrative authority of the Member State concerned in accordance with national law; / (b) the BAT Conclusion as referred to in Article 13(6) of Directive 2010/75/EU on industrial emissions, as amended by Directive XX/XXXX of the European Parliament and of the Council (COM (2022)156).
Added:Article 3 – paragraph 2 – point b: (b) other existing publicly accessible registers, databases or websites, established at Member State or Union level, that provide access in a standardised format that allows for data extraction, where data extraction is possible, and to the reporting requirements set out in Union legislation on climate change, air, water and land protection, and on waste management.
Added:Article 3 – paragraph 2 – point b a (new): (ba) the permit referred to in Article 5(4) of Directive 2010/75/EU on industrial emissions, as amended by Directive XX/XXXX of the European Parliament and of the Council (COM (2022)156);
Added:Article 3 – paragraph 2 – point b b (new): (bb) the EMS provided for in Article 14a of Directive 2010/75/EU on industrial emissions, , as amended by Directive XX/XXXX of the European Parliament and of the Council (COM (2022)156);
Added:Article 3 – paragraph 2 – point b c (new): (bc) the transformation plans provided for in Article 27d of Directive 2010/75/EU on industrial emissions, as amended by Directive XX/XXXX of the European Parliament and of the Council (COM (2022)156);
Added:Article 4 – paragraph 1 – introductory part: 1. The Commission shall make the Portal publicly and easily accessible and user-friendly, presenting the data in both aggregated and non-aggregated forms with a view to enabling searches, data extraction and query-based downloads of datasets by:
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Change 5
Removed:Article 5 – paragraph 1 – introductory part: 1. The operator of each installation, or of a group of two or more installations or parts of installations covered by the same permit in accordance with Article 4(2) of Directive 2010/75/EU, that undertakes one or more of the activities specified in Annex I, which meet the applicable capacity thresholds specified in that Annex, shall report annually, to its competent authority, the following data, unless that data is already available to the competent authority:
Added:Article 4 – paragraph 1 – point f: (f) off-site transfers of waste and, as appropriate, their destination in accordance with Annexes I and II to Directive 2008/98/EC, indicating with ‘R’ or ‘D’, respectively, whether the waste is destined for recovery or disposal;
Removed:Article 5 – paragraph 1 – point d: (d) use of water, energy and raw materials, other than confidential business information or commercially sensitive information and only to the extent necessary for general monitoring purposes;
Added:Article 4 – paragraph 1 – subparagraph 1 a (new): In accordance with the requirements of Regulation (EU) 2016/679 of the European Parliament and of the Council, where personal data are concerned, the Member States shall inform the data subjects of their rights on data protection under that Regulation and of the procedures applicable for exercising those rights.
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Removed:Article 5 – paragraph 1 – point e: (e) information, other than confidential business information or commercially sensitive information, to the extent necessary for allowing contextualisation of the data reported under points (a) to (d), including production volume, number of operating hours, and information on accidents that have led to releases;
Added:Article 5 – paragraph 1 – introductory part: 1. The operator of each installation, or of a group of two or more installations or parts of installations covered by the same permit in accordance with Article 4(2) of Directive 2010/75/EU, that undertakes one or more of the activities specified in Annex I, which meet the applicable capacity thresholds specified in that Annex, shall report at least annually and using an electronic input form, to its competent authority, the following data, unless that data is already available to the competent authority:
Removed:Article 5 – paragraph 2: 2. Where the releases referred to in paragraph 1, point (a), or off-site transfers of relevant pollutants referred to in paragraph 1, point (c), do not exceed the applicable threshold values specified in Annex II, or where relevant off-site transfers of waste do not exceed the thresholds set out in paragraph 1,point (b), the operator of the installation concerned shall declare, in its report, that releases or off-site transfers are below those values or thresholds, taking into account standard deviation factors.
Added:Article 5 – paragraph 1 – point e: (e) information allowing contextualisation of the data reported under points (a) to (d), including production volume, number of operating hours, and information on accidents that have led to releases;
Change 6
Changed:Article 5 – paragraph 3: 3. Operators shall obtain the data referred1 to– inpoint paragraphf 1a by(new): means(fa) ofthe measurementsummary of pollutantsthe relevantpermit toas thelaid activitydown ofin the reportingimplementing installations.act Wherereferred measurementto isin notArticle practicable,5(4) operatorsof shallDirective use2010/75/EU calculation.industrial Whereemissions, neitheras measurementamended norby calculationDirective isXX/XXXX practicable,of operatorsthe mayParliament obtainand theof datathe byCouncil estimation.(COM(2022)156);
Change 7
Removed:Article 5 – paragraph 6: 6. The releases referred to in Annex II reported under paragraph 1, point (a), shall include all releases from all sources included in Annex I at the installation.
Added:Article 5 – paragraph 1 – point f b (new): (fb) the direct link to the EMS provided for in Article 14a of Directive 2010/75/EU industrial emissions, as amended by Directive XX/XXXX of the Parliament and of the Council (COM(2022)156);
Added:Article 5 – paragraph 1 – point f c (new): (fc) the direct link to the permit referred to in Article 5(4) of Directive 2010/75/EU industrial emissions, as amended by Directive XX/XXXX of the Parliament and of the Council (COM(2022)156);
Added:Article 5 – paragraph 1 – point f d (new): (fd) the direct link to the transformation plans provided for in Article 27d of Directive 2010/75/EU industrial emissions of, as amended by Directive XX/XXXX of the Parliament and of the Council (COM(2022)156);
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Added:Article 5 – paragraph 4: 4. Operators shall specify in the report 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, including the related measurement uncertainty.
Added:Article 5 – paragraph 11: 11. Having regard to the requirements set out in Article 6, Member States shall determine a date by when operators shall provide the data referred to in this Article to its competent authority. Member States shall provide an electronic input form to the operator for the purposes of the reporting requirements established in this Article.
Change 8
Removed:Article 7 – paragraph 1: 1. The Commission, assisted by the Agency, shall include in the Portal relevant data on releases of pollutants from diffuse sources where such data exists and has already been reported by Member States.
Added:Article 6 – paragraph 1: 1. Member States shall provide, each year, to the Commission, by electronic means, a report containing all the data referred to in Article 5, a direct link to the website of the competent authorities for public notices for each installation and a list of non-compliant installations pursuant to Article 79 of Directive 2010/75/EU in industrial emissions, as amended by Directive XX/XXXX of the Parliament and of the Council (COM(2022)156) following the final decision on the non-compliance issued by the competent judicial or administrative authority of the Member State concerned in accordance with national law, in a standardised format enabling searches and extractions, where possible and by a date 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). The reporting date shall be, in any case, no later than 11 months after the end of the reporting year.
Removed:Article 10 – paragraph 1: When data is considered confidential by a Member State in accordance with Article 4(2) of Directive 2003/4/EC, the report referred to in Article 6(2) of this Regulation for the reporting year concerned shall indicate separately for each installation, or in a single report for a group of two or more installations or parts of installations in accordance to Article 5(11a) of this Regulation, which data cannot be made public and provide the reasons for this. Member States shall ensure that operators have the possibility of requesting confidential treatment of the data that are submitted.
Added:Article 6 – paragraph 2 a (new): 2a. Member States shall also provide to the Commission and the Agency systematised information on the available scientific data as referred to in Article 79a of Directive 2010/75/EU on industrial emissions, as amended by Directive XX/XXXX of the Parliament and of the Council (COM(2022)156) . The Agency shall incorporate the data into the Portal after scrutinising the scientific reliability of the sources.
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Removed:Article 14 – paragraph 1 – introductory part: 1. The Commission is empowered to adopt delegated acts in accordance with Article 15 in order to amend Annex I to align it with the Protocol following the adoption of amendment to its annexes .
Added:Article 8 – paragraph 2: 2. The competent authorities shall assess the quality of the data provided by the operators of the installations referred to in paragraph 1, in particular as to their accuracy, completeness, consistency and credibility. In the event of qualitative deficiencies being present in the data provided under Article 5, upon request by the competent authorities through electronic means, the operators of the installation concerned shall provide the corrected data to the competent authorities without delay.
Removed:Article 14 – paragraph 1 – point a: deleted
Added:Article 10 – paragraph 1: When data is considered confidential by a Member State in accordance with Article 4(2) of Directive 2003/4/EC, the report referred to in Article 6(2) of this Regulation for the reporting year concerned shall indicate separately for each installation, or in a single report for a group of two or more installations or parts of installations in accordance with Article 5(11a) of this Regulation, which data cannot be made public and provide the reasons for this. Member States shall ensure that operators have the possibility of objecting to the publication of such data in accordance with Article 3a of Directive 2010/75/EU industrial emissions, as amended by Directive XX/XXXX of the Parliament and of the Council (COM(2022)156) .
Removed:Article 14 – paragraph 1 – point b: deleted
Added:Article 11 – paragraph 2: 2. The public shall have the opportunity to submit comments, information, analyses and opinions within a reasonably long timeframe and in any of the official languages of the Union.
Removed:Article 17 – paragraph 2: 2. The penalties referred to in paragraph 1 shall include fines proportionate to the turnover of the legal person in the Member State where the infringement has taken place or to the income of the natural person who has committed the infringement. The level of the fines shall be calculated in such a way as to make sure that they effectively deprive the person responsible for the infringement of the economic benefits derived from that infringement. The level of the fines shall be gradually increased for repeated infringements.
Added:Article 12 – title: Guidance on implementation
Added:Article 12 – paragraph 1 – introductory part: The Commission, assisted by the Agency, and after consulting the European pollutant release and transfer register (E-PRTR) expert group, shall draw up and periodically update guidance supporting the implementation of this Regulation, addressing at least the following:
Added:Article 12 – paragraph 1 – point a: (a) standardised reporting procedures in the Union;
Added:Article 13 – paragraph 1: Member States and the Commission shall promote public awareness of the Portal and understanding and use of the data contained in it in close cooperation with the public.
Added:Article 14 – paragraph 2 – point d: (d) to add pollutants which have been added to the Annexes of the Protocol.
Added:Article 14 – paragraph 2 a (new): 2a. By 31 December 2026, the Commission shall review Annex II to this Regulation based on the criteria referred to in this Article and the substances listed in Annex II to Directive 2010/75/EU. On the basis of such review, where appropriate, the Commission shall adopt a delegated act in accordance with Article 15 in order to amend Annex II to this Regulation.
Added:Article 15 – paragraph 2: 2. The power to adopt delegated acts referred to in Article 7(3) and Article 14 shall be conferred on the Commission for a period of four years from … [Office of Publication: please insert the date = the date of entry into force of this Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the four-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.
Added:Article 17 – paragraph 2: 2. The penalties referred to in paragraph 1 shall include fines proportionate to the turnover of the legal person in the Member State where the infringement has taken place or to the income of the natural person who committed the infringement. The level of the fines shall be calculated in such a way as to make sure that they effectively deprive the person responsible for the infringement of the economic benefits derived from that infringement. The level of the fines shall be gradually increased for repeated infringements.
Added:Article 17 – paragraph 3 – point c a (new): (ca) any penalties previously received under this Article;
Added:Annex II – footnote 12: (12) Total mass of the following brominated diphenylethers: penta-BDE, octa-BDE and deca-BDE, hepta-BDE, hexa-BDE, tetra-BDE.