Sittings · Document

Adopted text 2023-07-11

Industrial Emissions Portal

P9_TA(2023)0260

Committee on the Environment, Public Health and Food Safety

PE737.356

Amendments adopted by the European Parliament on 11 July 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 (COM(2022)0157 – C9-0145/2022 – 2022/0105(COD))

(Ordinary legislative procedure: first reading)

Amendment 1

Proposal for a regulation

Recital 2

Text proposed by the Commission

Amendment

(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.

Amendment 2

Proposal for a regulation

Recital 2 a (new)

Text proposed by the Commission

Amendment

(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.

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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).

Amendment 3

Proposal for a regulation

Recital 7

Text proposed by the Commission

Amendment

(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 and therefore improve synergies with reporting under Directive 2010/75/EU.

(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.

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38 https://industry.eea.europa.eu/

Amendment 4

Proposal for a regulation

Recital 8

Text proposed by the Commission

Amendment

(8) The Portal should provide the public with free-of-charge and online access to a further integrated and coherent dataset on key environmental pressures generated by industrial installations 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, benchmarking installations, monitoring compliance with relevant international agreements, setting priorities and evaluating progress achieved through Union and national environmental policies and programmes.

(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 Directive 2010/75/EU on industrial emissions, as amended by Directive XX/XXXX of the Parliament and of the Council (COM(2022)0156), 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.

Amendment 5

Proposal for a regulation

Recital 9

Text proposed by the Commission

Amendment

(9) The Portal should present the data it contains in aggregated and non-aggregated forms to permit users to undertake targeted searches.

(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.

Amendment 6

Proposal for a regulation

Recital 10

Text proposed by the Commission

Amendment

(10) The reporting requirements should apply at ‘installation level’ in order to implement synergies between the Portal and databases on environmental pressures from industrial installations, including those covered by Directive 2010/75/EU, and to ensure coherence with, and support to, the implementation of that Directive.

(10) The reporting requirements should apply at ‘installation level’, or, in cases where Article 4(2) of Directive 2010/75/EU applies and a permit covers two or more installations or parts of installations operated by the same operator on the same site, at permit level, in order to implement synergies between the Portal and databases on environmental pressures from industrial installations, including those covered by Directive 2010/75/EU, and to ensure coherence with, and support to, the implementation of that Directive.

Amendment 7

Proposal for a regulation

Recital 13

Text proposed by the Commission

Amendment

(13) The Portal should also include data on the use of water, energy and raw materials by the concerned installations to allow monitoring of progress towards a circular, highly resource-efficient economy

(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.

Amendment 8

Proposal for a regulation

Recital 15

Text proposed by the Commission

Amendment

(15) Operators of installations should also report information concerning the production volume, number of employees and operating hours of the concerned installation as well as information on accidents that have led to releases, in order to enable the contextualisation of reported data on pollutant releases and off-site transfers of waste and waste water.

(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.

Amendment 9

Proposal for a regulation

Recital 16

Text proposed by the Commission

Amendment

(16) The overall benefit of the Portal for access to environmental information concerning industrial installations should be maximised by including links 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.

(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.

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41 Directive 2012/18/EU of the European Parliament and of the Council of 4 July 2012 on the control of major-accident hazards involving dangerous substances, amending and subsequently repealing Council Directive 96/82/EC (OJ L 197, 24.7.2012, p. 1).

42 Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3).

Amendment 10

Proposal for a regulation

Recital 20

Text proposed by the Commission

Amendment

(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 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 .

(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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43 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).

Amendment 11

Proposal for a regulation

Recital 21

Text proposed by the Commission

Amendment

(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. 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.

(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.

Amendment 12

Proposal for a regulation

Recital 23

Text proposed by the Commission

Amendment

(23) Data reported by the Member States 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.

(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.

Amendment 13

Proposal for a regulation

Recital 25

Text proposed by the Commission

Amendment

(25) Public participation should be ensured in further development of the Portal by providing early and effective opportunities to submit comments, information, analysis and opinions for the decision-making process.

(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.

Amendment 14

Proposal for a regulation

Recital 26

Text proposed by the Commission

Amendment

(26) In order to enhance the usefulness and impact of the Portal, the Commission, supported by the Agency, should develop guidance supporting the implementation of this Regulation.

(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.

Amendment 15

Proposal for a regulation

Recital 29

Text proposed by the Commission

Amendment

(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 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.

(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.

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52 Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1).

53 Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ L 327, 22.12.2000, p. 1).

54 Directive 2004/107/EC of the European Parliament and of the Council of 15 December 2004 relating to arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons in ambient air (OJ L 23, 26.1.2005, p. 3).

55 Directive 2006/118/EC of the European Parliament and of the Council of 12 December 2006 on the protection of groundwater against pollution and deterioration (OJ L 372, 27.12.2006, p. 19).

56 Directive 2008/50/EC of the European Parliament and of the Council of 21 May 2008 on ambient air quality and cleaner air for Europe (OJ L 152, 11.6.2008, p. 1).

57 Directive 2008/105/EC of the European Parliament and of the Council of 16 December 2008 on environmental quality standards in the field of water policy, amending and subsequently repealing Council Directives 82/176/EEC, 83/513/EEC, 84/156/EEC, 84/491/EEC, 86/280/EEC and amending Directive 2000/60/EC of the European Parliament and of the Council (OJ L 348, 24.12.2008, p. 84).

Amendment 16

Proposal for a regulation

Recital 30

Text proposed by the Commission

Amendment

(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 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.

(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.

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58 OJ L 123, 12.5.2016, p. 1.

Amendment 17

Proposal for a regulation

Article 1 – paragraph 1

Text proposed by the Commission

Amendment

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 (‘Portal’) at Union level in the form of an online database giving access to such data.

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.

Amendment 18

Proposal for a regulation

Article 2 – paragraph 1 – point 9 a (new)

Text proposed by the Commission

Amendment

(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

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1a 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 Council

Amendment 19

Proposal for a regulation

Article 2 – paragraph 1 – point 14

Text proposed by the Commission

Amendment

(14) ‘recovery’ means any of the operations referred to in Annex II to Directive 2008/98/EC;

(14) ‘recovery’ means the operations referred to in Annex II to Directive 2008/98/EC, disaggregated by relevant R code;

Amendment 20

Proposal for a regulation

Article 2 – paragraph 1 – point 15

Text proposed by the Commission

Amendment

(15) ‘disposal’ means any of the operations referred to in Annex I to Directive 2008/98/EC;

(15) ‘disposal’ means the operations referred to in Annex I to Directive 2008/98/EC, disaggregated by relevant D code;

Amendment 21

Proposal for a regulation

Article 3 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1. The Portal shall include data on:

1. The Portal shall include data, in a standardised format which facilitates data extraction, on:

Amendment 22

Proposal for a regulation

Article 3 – paragraph 1 – point b a (new)

Text proposed by the Commission

Amendment

(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)0156), 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)0156);

Amendment 23

Proposal for a regulation

Article 3 – paragraph 1 – point e a (new)

Text proposed by the Commission

Amendment

(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)0156).

Amendment 24

Proposal for a regulation

Article 3 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

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)0156)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)0156).

Amendment 25

Proposal for a regulation

Article 3 – paragraph 2 – point b

Text proposed by the Commission

Amendment

(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 legislation on climate change, air, water and land protection, and on waste management.

(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.

Amendment 26

Proposal for a regulation

Article 3 – paragraph 2 – point b a (new)

Text proposed by the Commission

Amendment

(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)0156);

Amendment 27

Proposal for a regulation

Article 3 – paragraph 2 – point b b (new)

Text proposed by the Commission

Amendment

(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)0156);

Amendment 28

Proposal for a regulation

Article 3 – paragraph 2 – point b c (new)

Text proposed by the Commission

Amendment

(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)0156);

Amendment 29

Proposal for a regulation

Article 4 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1. The Commission shall make the Portal publicly accessible, presenting the data in both aggregated and non-aggregated forms with a view to enabling searches by:

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:

Amendment 30

Proposal for a regulation

Article 4 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) installation, including the installation's parent company where applicable, and its geographical location, including the river basin;

(a) installation, or 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, including the installation's parent company where applicable, and its geographical location, including the river basin;

Amendment 31

Proposal for a regulation

Article 4 – paragraph 1 – point f

Text proposed by the Commission

Amendment

(f) off-site transfers of waste and, as appropriate, their destination;

(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;

Amendment 32

Proposal for a regulation

Article 4 – paragraph 1 – subparagraph 1 a (new)

Text proposed by the Commission

Amendment

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.

Amendment 33

Proposal for a regulation

Article 5 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1. The operator of each installation 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:

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:

Amendment 34

Proposal for a regulation

Article 5 – paragraph 1 – point e

Text proposed by the Commission

Amendment

(e) information allowing contextualisation of the data reported under points (a) to (d), including production volume, number of employees, number of operating hours, and information on accidents that have led to releases;

(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;

Amendment 35

Proposal for a regulation

Article 5 – paragraph 1 – point f a (new)

Text proposed by the Commission

Amendment

(fa) the summary of the permit as laid down in the implementing act 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)0156);

Amendment 36

Proposal for a regulation

Article 5 – paragraph 1 – point f b (new)

Text proposed by the Commission

Amendment

(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)0156);

Amendment 37

Proposal for a regulation

Article 5 – paragraph 1 – point f c (new)

Text proposed by the Commission

Amendment

(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)0156);

Amendment 38

Proposal for a regulation

Article 5 – paragraph 1 – point f d (new)

Text proposed by the Commission

Amendment

(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)0156);

Amendment 39

Proposal for a regulation

Article 5 – paragraph 4

Text proposed by the Commission

Amendment

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.

Amendment 40

Proposal for a regulation

Article 5 – paragraph 11

Text proposed by the Commission

Amendment

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.

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.

Amendment 41

Proposal for a regulation

Article 5 – paragraph 11 a (new)

Text proposed by the Commission

Amendment

11a. Where, pursuant to Article 4(2) of the Directive 2010/75/EU, a permit covers two or more installations or parts of installations operated by the same operator on the same site, the operator may comply with the reporting requirements established in this Article by submitting in a single report all data related to such installations, or such parts of the installations, covered by the same permit.

Amendment 42

Proposal for a regulation

Article 6 – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall provide, each year, to the Commission, by electronic means, a report containing all the data referred to in Article 5 in a format 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.

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)0156) 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.

Amendment 43

Proposal for a regulation

Article 6 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

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)0156) . The Agency shall incorporate the data into the Portal after scrutinising the scientific reliability of the sources.

Amendment 44

Proposal for a regulation

Article 8 – paragraph 2

Text proposed by the Commission

Amendment

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.

Amendment 45

Proposal for a regulation

Article 10 – paragraph 1

Text proposed by the Commission

Amendment

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)0156) .

Amendment 46

Proposal for a regulation

Article 11 – paragraph 2

Text proposed by the Commission

Amendment

2. The public shall have the opportunity to submit comments, information, analyses and opinions within a reasonable timeframe.

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.

Amendment 47

Proposal for a regulation

Article 12 – title

Text proposed by the Commission

Amendment

Guidance

Guidance on implementation

Amendment 48

Proposal for a regulation

Article 12 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

The Commission, assisted by the Agency, shall draw up and periodically update guidance supporting the implementation of this Regulation, addressing at least the following:

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:

Amendment 49

Proposal for a regulation

Article 12 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) reporting procedures;

(a) standardised reporting procedures in the Union;

Amendment 50

Proposal for a regulation

Article 13 – paragraph 1

Text proposed by the Commission

Amendment

Member States and the Commission shall promote public awareness of the Portal and understanding and use of the data contained in it.

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.

Amendment 51

Proposal for a regulation

Article 14 – paragraph 2 – point d

Text proposed by the Commission

Amendment

(d) to align it with the Protocol following the adoption of amendment to its annexes.

(d) to add pollutants which have been added to the Annexes of the Protocol.

Amendment 52

Proposal for a regulation

Article 14 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

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.

Amendment 53

Proposal for a regulation

Article 15 – paragraph 2

Text proposed by the Commission

Amendment

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 five 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 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.

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.

Amendment 54

Proposal for a regulation

Article 17 – paragraph 2

Text proposed by the Commission

Amendment

2. The penalties referred to in paragraph 1 shall include fines proportionate to the turnover of the legal person 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.

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.

Amendment 55

Proposal for a regulation

Article 17 – paragraph 3 – point c a (new)

Text proposed by the Commission

Amendment

(ca) any penalties previously received under this Article;

Amendment 59

Proposal for a regulation

Annex I

Text proposed by the Commission

Annex I

Activities

Activity

Capacity Threshold

Activities listed in Annex I to Directive 2010/75/EU

Above the applicable capacity thresholds set out in Directive 2010/75/EU

Activities listed in Annex Ia to Directive 2010/75/EU

Above the applicable capacity thresholds set out in Directive 2010/75/EU

Activities referred to in Article 2 of Directive (EU) 2015/2193 (where not covered by Annex I to Directive 2010/75/EU)

Combustion plants with a rated thermal input of at least 20 MW and below 50 MW

Underground mining and related operations, including the extraction of crude oil or gas either onshore or offshore (where not covered by Annex I to Directive 2010/75/EU)

No capacity threshold (all installations are subject to reporting)

Opencast mining and quarrying (where not covered by Annex I to Directive 2010/75/EU)

Where the surface of the area effectively under extractive operation equals 25 hectares

Urban waste water treatment plants

With a capacity of 100 000 population equivalents or more

Aquaculture

With a production capacity of 100 tonnes of fish or shellfish per year

Installations for the building and/or dismantling of ships, and for the painting or removal of paint from ships

With a capacity for ships 100 m long

Amendment

Annex I

Activities

Activity

Capacity Threshold

Activities listed in Annex I to Directive 2010/75/EU

Above the applicable capacity thresholds set out in Directive 2010/75/EU

Activities listed in Annex Ia to Directive 2010/75/EU

Above the applicable capacity thresholds set out in Directive 2010/75/EU

Activities referred to in Article 2 of Directive (EU) 2015/2193 (where not covered by Annex I to Directive 2010/75/EU)

Combustion plants with a rated thermal input of at least 20 MW and below 50 MW

Underground mining and related operations, including the extraction of crude oil or gas either onshore or offshore (where not covered by Annex I to Directive 2010/75/EU)

No capacity threshold (all installations are subject to reporting)

Opencast mining and quarrying (where not covered by Annex I to Directive 2010/75/EU)

Where the surface of the area effectively under extractive operation equals 25 hectares

Urban waste water treatment plants

With a capacity of 100 000 population equivalents or more

Intensive aquaculture

With a production capacity of 500 tonnes of fish or shellfish per year

Installations for the building and/or dismantling of ships, and for the painting or removal of paint from ships

With a capacity for ships 100 m long

Amendment 56

Proposal for a regulation

Annex II – row 33 a (new)

Text proposed by the Commission

Amendment

(33 a)

115-32-2

Dicofol

Amendment 57

Proposal for a regulation

Annex II – row 49 a (new)

Text proposed by the Commission

Amendment

(49 a)

335-67-1, 355-46-4 and others

PFAS, including PFOA1a, PFHxS1b, their salts and related compounds

_________________

1a Perfluorooctanoic Acid

1b Perfluorohexane sulfonic acid

Amendment 58

Proposal for a regulation

Annex II – footnote 12

Text proposed by the Commission

Amendment

(12) Total mass of the following brominated diphenylethers: penta-BDE, octa-BDE and deca-BDE.

(12) Total mass of the following brominated diphenylethers: penta-BDE, octa-BDE and deca-BDE, hepta-BDE, hexa-BDE, tetra-BDE.