COMMISSION IMPLEMENTING DECISION (EU) 2018/1135

of 10 August 2018

establishing the type, format and frequency of information to be made available by the Member States for the purposes of reporting on the implementation of Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions

(notified under document C(2018) 5009)

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (1), and in particular Article 72(2) thereof,

Whereas:

(1) Commission Implementing Decision 2012/795/EU (2) laid down the obligations for the Member States to report on the implementation of Directive 2010/75/EU for the period 2013-2016. That Decision has exhausted its temporal effects and should be repealed.

(2) The type, format and frequency of information relating to the years from 2017 which are to be made available by the Member States should be established.

(3) In accordance with Article 72(1) of Directive 2010/75/EU, Member States are to report information on the implementation of that Directive, on representative data on emissions and other forms of pollution, on emission limit values, and on the application of best available techniques in accordance with Articles 14 and 15 of that Directive, in particular on the granting of exemptions in accordance with its Article 15(4).

(4) Member States are, in addition, required to include information under Articles 51(4), 55(2) and 59(1), (2) and (3) of Directive 2010/75/EU in the reports submitted under Article 72 of that Directive.

(5) In accordance with Article 72(1) of Directive 2010/75/EU, Member States are to make the information available in an electronic format using a reporting tool provided by the Commission for this purpose.

(6) Directive 2010/75/EU requires each installation covered by its Chapter II to have an individual permit in order to operate. Permit conditions must be based on the environmental performance achievable by that installation taking into account its technical characteristics, external factors including local conditions, and its use of best available techniques. Permits set conditions, in particular, on emission limit values, emission monitoring and compliance assessment specific to each individual installation. Permit conditions are to be periodically re-considered, and where necessary updated, particularly where new conclusions on best available techniques (‘BAT conclusions’) have been published for the main activity of an installation, in accordance with Article 21(3) of Directive 2010/75/EU. The most efficient way to report on the implementation of Directive 2010/75/EU is to provide the relevant information for each individual installation, and thus to extend the approaches taken in Modules 2 and 3 of Implementing Decision 2012/795/EU to all sectors.

(7) Large combustion plants and waste (co-)incineration plants are covered by specific provisions in Chapters III and IV of Directive 2010/75/EU. For those plants, Member States should, in addition, provide information on the implementation of temporary derogations and emission control safeguards as specified in Articles 32 to 35 and 46(2) of Directive 2010/75/EU. For waste incineration and waste co-incineration plants with a capacity of less than 2 tonnes per hour, Article 55(3) of that Directive requires Member States to make publicly available a list of installations. Information on the publication of that list should be provided to the Commission in order for it to monitor the implementation of the Directive on those smaller plants.

(8) In accordance with Article 72(1) of Directive 2010/75/EU, the Member States must also report representative data on emissions and other forms of pollution. In order to reduce unnecessary administrative burdens, Member States should provide information on where emission monitoring data are made available under Article 24(3)(b) of Directive 2010/75/EU and also a link to the emission data reported under Regulation (EC) No 166/2006 of the European Parliament and of the Council (3). Under that Regulation, Member States are required to report annual data on, inter alia, off-site transfers of waste and releases to air, water and land of pollutants in accordance with its Annex II, which covers all pollutants listed in Annex II to Directive 2010/75/EU. At the same time, all ‘installations’ covered by Directive 2010/75/EU relate to or coincide with a ‘facility’ covered by that Regulation. The data reported under Regulation (EC) No 166/2006 thus provide ‘representative data on emissions and other forms of pollution’ in the sense of Article 72(1) of Directive 2010/75/EU.

(9) The link to the reporting of emissions under Regulation (EC) No 166/2006 should be created by the use of existing spatial data which are managed by the Member States in accordance with Article 4(1) of Directive 2007/2/EC of the European Parliament and of the Council (4) and point 8 of Annex III to that Directive. The data model established in Commission Regulation (EU) No 1089/2010 (5) enables Member States and the Commission to link ‘installations’, large combustion plants and waste (co-) incineration plants with ‘facilities’ within the meaning of Article 2(4) of Regulation (EC) No 166/2006. Reporting spatial data on installations, large combustion plants and waste (co-) incineration plants instead of providing detailed reports on emissions from installations is, in this context, thus just another ‘type’ of reporting within the meaning of Article 72(2) to Directive 2010/75/EU. This includes the adaptation of the INSPIRE model to the specific reporting requirements of Article 72(1) of Directive 2010/75/EU, thereby rendering compulsory certain elements of spatial information that are voidable under Regulation (EU) No 1089/2010.

(10) For installations and activities using organic solvents which are not covered by Chapter II of Directive 2010/75/EU, and therefore not necessarily subject to an installation specific permit, Member States should report information on the total number of installations and on the number of installations which apply a reduction scheme under Article 59(1)(b) of that Directive, or a derogation under paragraph 2 or 3 of its Article 59. This will inform the Commission whether, and to what extent, the implementation of Directive 2010/75/EU could be affected.

(11) The measures provided for in this Decision are in accordance with the opinion of the committee established by Article 75(1) of Directive 2010/75/EU,

HAS ADOPTED THIS DECISION:

Article 1 For installations covered by Chapters II, III and IV of Directive 2010/75/EU, with the exception of waste incineration plants and waste co-incineration plants with a nominal capacity of less than 2 tonnes per hour, Member States shall make available to the Commission the information set out in Annex I using the format laid down in that Annex, for each installation covered. For waste incineration plants and waste co-incineration plants with a nominal capacity of less than 2 tonnes per hour and for installations covered by Chapter V of Directive 2010/75/EU, Member States shall make available to the Commission the information set out in Annex II using the format laid down in that Annex. Member States shall report the information set out in Annexes I and II using the harmonised electronic reporting tool made available by the Commission.

Article 2 The information set out in Annex I shall be first submitted for the reporting year 2017 unless otherwise stated in that Annex. For that reporting year, the information shall be submitted by 30 June 2019 at the latest. For subsequent reporting years, the information set out in Annex I shall be submitted every year within 9 months of the end of the reporting year. The information set out in Annex II shall be first submitted for reporting years 2017 and 2018. For those reporting years, the information shall be submitted by 30 September 2019 at the latest. For subsequent reporting years, the information set out in Annex II shall be submitted every three years within 9 months of the end of the last of those reporting years This Decision is addressed to the Member States.

Done at Brussels, 10 August 2018. For the Commission Karmenu VELLA Member of the Commission

(1) OJ L 334, 17.12.2010, p. 17.

(2) Commission Implementing Decision 2012/795/EU of 12 December 2012 establishing the type, format and frequency of information to be made available by the Member States for the purposes of reporting on the implementation of Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions (OJ L 349, 19.12.2012, p. 57).

(3) Regulation (EC) No 166/2006 of the European Parliament and of the Council of 18 January 2006 concerning the establishment of a European Pollutant Release and Transfer Register and amending Council Directives 91/689/EEC and 96/61/EC (OJ L 33, 4.2.2006, p. 1).

(4) Directive 2007/2/EC of the European Parliament and of the Council of 14 March 2007 establishing an Infrastructure for Spatial Information in the European Community (INSPIRE) (OJ L 108, 25.4.2007, p. 1).

(5) Commission Regulation (EU) No 1089/2010 of 23 November 2010 implementing Directive 2007/2/EC of the European Parliament and of the Council as regards interoperability of spatial data sets and services (OJ L 323, 8.12.2010, p. 11).