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DRAFT REPORT (COM(2022)0157 – C90145/2022 – 2022/0105(COD))

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

ENVI-PR-737356

Committee on the Environment, Public Health and Food Safety · Rapporteur: Radan Kanev

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The rapporteur's draft report sets out Parliament's position on a proposed regulation on reporting of environmental data from industrial installations and an Industrial Emissions Portal. It supports reporting at installation level, including groups of installations under one permit, and backs the Commission's pollutant list. It limits new reporting on water, energy, raw materials and contextual data to what is necessary and excludes confidential or commercially sensitive business information. It deletes the Commission's power to add new industrial or agricultural activities to Annex I by delegated act, keeping only alignment with the Protocol. It requires fines proportionate to turnover or income and increased for repeated infringements, and lets operators request confidential treatment of data.

Committee position. The rapporteur supports installation-level reporting and the Commission's pollutant list, but limits new reporting on resources and contextual data to what is necessary and excludes confidential business information. He rejects delegated powers to add new activities to Annex I, keeping only alignment with the Protocol.

Key points

  1. The Portal would include non-confidential data on industrial installations.
  2. Reporting requirements apply at installation level, or at permit level where one permit covers two or more installations or parts of installations operated by the same operator on the same site.
  3. Operators may submit a single report covering all installations or parts of installations under the same permit.
  4. Operators must report use of water, energy and raw materials, but not confidential or commercially sensitive information, and only to the extent necessary for general monitoring.
  5. Operators must report contextual information such as production volume, operating hours and accidents that led to releases, excluding confidential or commercially sensitive information and only to the extent necessary.
  6. Where releases or off-site transfers are below applicable thresholds, operators must declare this, taking into account standard deviation factors.
  7. Operators must obtain data by measurement of pollutants relevant to the activity; where measurement is not practicable, by calculation; and where neither is practicable, by estimation.
  8. Reported releases must include all releases from all sources included in Annex I at the installation.
  9. The Commission, assisted by the Agency, must include relevant data on releases from diffuse sources in the Portal where such data exists and has already been reported by member states.
  10. Where a member state considers data confidential, the report must indicate separately for each installation, or in a single report for a group under one permit, which data cannot be made public and why; member states must let operators request confidential treatment.
  11. The Commission may adopt delegated acts only to align Annex I with the Protocol following amendments to its annexes, not to add new activities.
  12. Penalties must include fines proportionate to the turnover of the legal person in the member state where the infringement took place or to the income of the natural person, must deprive the responsible person of economic benefits, and must increase gradually for repeated infringements.

Who is affected

  • Operators of industrial installations covered by Annex I must report environmental data annually to their competent authority.
  • Operators may request confidential treatment of submitted data; member states must ensure this possibility.
  • Member states must indicate which data cannot be made public and provide reasons.
  • Legal and natural persons committing infringements face fines proportionate to turnover or income, increased for repeated infringements.

Figures and deadlines

  • Some 30,000 industrial facilities report annually under the E-PRTR.
  • The E-PRTR covers 65 economic activities across the Union.

Legal basis: Article 294(2) and Article 192(1) of the Treaty on the Functioning of the European Union.