Proposal for a Regulation of the European Parliament and of the Council concerning the establishment of a European Pollutant Release and Transfer Register and amending Council Directives 91/689/EEC and 96/61/EC
Date: 2004-10-07
Institutions: European Commission
Subjects: EU environmental policy, European Community, UNO, access to information, database, information technology applications, multilateral agreement, pollutant, pollution, waste management

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 7.10.2004 
COM(2004) 634 final 

2004/0231 (COD) 

. 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

concerning the establishment of a European Pollutant Release and Transfer Register 
and amending Council Directives 91/689/EEC and 96/61/EC 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

1. 

OBJECTIVE OF THE PROPOSAL 

The  overall  objective  is  to  enhance  public  access  to  environmental  information  through  the 
establishment  of  a  coherent,  integrated,  European-wide  PRTR,  thereby  finally  also 
contributing  to  the  prevention  and  reduction  of  pollution,  delivering  data  for  policy  makers 
and facilitating public participation in environmental decision making. 

The European Community and its Member States negotiated and finally adopted and signed, 
with  the  exception  of  Malta  and  Slovakia,  an  UN-ECE  Protocol  on  Pollutant  Release  and 
Transfer Registers (PRTRs) on the fifth Ministerial Conference “Environment for Europe” in 
Kiev, May 2003.  

At  present  there  is  no  coherent,  integrated,  publicly  accessible  European-wide  pollutant 
release and transfer register existing yet that is fully in line with the criteria set forth in the 
UN-ECE PRTR Protocol. 

In  order  to  ratify  the  UN-ECE  PRTR  Protocol,  the  already  existing  more  limited  European 
Pollutant Emission Register (EPER), based on Commission Decision 2000/479/EC of 17 July 
20001  according  to  Article  15(3)  of  Council  Directive  96/61/EC  of  24  September  1996 
concerning  Integrated  Pollution  Prevention  and  Control  (IPPC)2  has  to  be  replaced  by  a 
comprehensive European PRTR. The European PRTR will fully succeed the existing EPER. 

2. 

THE  UN-ECE  PROTOCOL  ON  POLLUTANT  RELEASE  AND  TRANSFER  REGISTERS 
PRTRS) 

The  UN-ECE  Protocol  on  Pollutant  Release  and  Transfer  Registers  was  signed  at  an  extra-
ordinary meeting of the Parties to the Convention on 21 May 2003. The meeting took place in 
the  framework  of  the  Fifth  'Environment  for  Europe'  Ministerial  Conference,  Kiev,  21-23 
May 2003. 

The Protocol is the first legally binding multilateral agreement, beyond the borders of the EU, 
on  pollutant  release  and  transfer  registers.  Its  objective  is  "to  enhance  public  access  to 
information through the establishment of coherent, nationwide pollutant release and transfer 
registers  (PRTRs)  ..."  Although  regulating  information  on  pollution,  rather  than  pollution 
directly,  the  Protocol  is  expected  to  exert  a  significant  downward  pressure  on  levels  of 
pollution. 

The establishment of coherent pollution inventories or registers on a structured, computerized 
and  publicly  accessible  database  compiled  through  standardised  reporting  is  one  of  the 
obligations  of  the  Århus  Convention  on  access  to  information,  public  participation  in 
decision-making and access to justice in environmental matters laid down in its Article 5(9). 

1 
2 

OJ L 192, 28.7.2000, p. 36. 
OJ L 257, 10.10.1996, p. 26. 

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All  States  as  well  as  regional  economic  integration  organisations  can  sign  and  ratify  the 
Protocol, including those which have not ratified the Århus Convention and those which are 
not members of the Economic Commission for Europe, and is thus an open protocol.  

3. 

EXISTING COMMUNITY LEGISLATION 

On 17 July 2000 the Commission adopted a Decision on the implementation of a European 
pollutant emission register (EPER) according to Article 15(3) of Council Directive 96/61/EC 
concerning  integrated  pollution  prevention  and  control  (IPPC).  The  Register  became 
operational by a launch event on 23 February 20043.  

EPER  already  implements  many  key  elements  of  the  Protocol:  harmonised  reporting  rules, 
public accessibility by electronic means, broad coverage of sources (industrial facilities) and 
polluting substances. Thanks to a remarkably well-developed co-ordination between Member 
States  and  the  Commission  during  the  negotiations,  the  main  provisions  of  the  Protocol  are 
fully compatible with the approach set out by EPER. The upgrading of EPER into a European 
PRTR therefore does not entail any conceptual change. No efforts or resources invested so far 
in EPER will be lost. 

The obligations of the Protocol extend beyond the scope of EPER mainly in terms of facilities 
included,  substances  to  report,  coverage  of  releases  to  land,  coverage  of  off-site  waste 
transfers, coverage of releases from diffuse sources, public participation and the periodicity of 
reporting. 

In order to ensure ratification of the Protocol in due time, the Commission submits in parallel 
a Proposal for a Council Decision on the conclusion, on behalf of the European Community, 
of the UN-ECE Protocol on Pollutant Release and Transfer Registers, COM (2004) xxx final. 
This legal Community act is also designed to ensure full compliance with Article 5(9) of the 
Århus Convention. 

It  is  worth  noting  that  the  Community  signed  the  Århus  Convention  and  the  Commission 
recently adopted a proposal for its approval (COM (2003)625 final of 24.10.2003). A number 
of other legislative acts have already been adopted or at least proposed in order to ensure the 
Community’s compliance with the provisions of the Convention4.  

3 
4 

OJ C 55, 3.3.2004, p. 6. 
Directive  2003/4/EC  on  public  access  to  environmental  information,  OJ  L  41,  14.2.2003,  p.  26; 
Directive  2003/35/EC  providing  for  public  participation,  OJ  L  156,  25.6.2003,  p.  17,  Proposal  for  a 
Directive  on  access  to  justice  in  environmental  matters,  COM(2003)  624  final;  Proposal  for  a 
Regulation on the application of the provisions of the Aarhus Convention to EC institutions and bodies, 
COM(2003) 622 final. 

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4. 

ELEMENTS OF THE PROPOSAL 

4.1. 

Legal basis 

The European Community, in accordance with the Treaty and in particular Article 175(1) in 
conjunction with Article 300, is competent for entering into international agreements and for 
implementing the obligations resulting there from, obligations which contribute to the pursuit 
of the objectives listed in Article 174(1) of the EC Treaty. 

Under  this  Article,  the  Treaty  establishes  the  objectives  of  the  Community  policy  on  the 
environment as follows: preserving, protecting and improving the quality of the environment, 
protecting  human  health,  prudent  and  rational  utilisation  of  natural  resources,  promoting 
measures  at  the  international  level  to  deal  with  regional  or  worldwide  environmental 
problems. 

to  ensure  public  awareness  on  environmental 

The improvement of the public’s access to information by means of a PRTR is an essential 
tool 
to  promote  better 
implementation of environmental legislation. A PRTR is also a powerful information tool for 
the  policy  makers  themselves.  Thus,  it  contributes  to  strengthen  the  effectiveness  of 
environmental policy established in the view of the above mentioned objectives. 

issues  and 

Moreover, Community competence has already been exerted in this field by the establishment 
of a Community-wide European Pollutant Emission Register (EPER). 

The chosen policy option for implementation of the UN-ECE PRTR Protocol is a Regulation 
of the European Parliament and of the Council. 

In a “Study on the outline of impacts of UN-ECE PRTR Protocol on EU legislation” made by 
Milieu Ltd5 different policy options were investigated.  

One policy option would be to upgrade the existing EPER Decision. However, this would also 
imply revisions of the IPPC Directive now and possibly in future, whenever major revisions 
of the UN-ECE PRTR Protocol or its Annexes take place. 

Another  policy  option  for  implementation  would be  a  Directive.  The  major  disadvantage  of 
this option is its incompatibility with the need for comparable and therefore harmonised data 
to  be  delivered  to  the  European  PRTR  central  database.  Comparability  of  data  is  a  priority 
because the UN-ECE PRTR Protocol sets forth a number of technical options and approaches, 
which could – if not stringently harmonised – lead to totally different national systems and the 
impossibility  to  collect  and  disseminate  meaningful  data  on  European  level.  The  level  of 
discretion,  left  open  for  Member  States  in  a  Directive  would  risk  discrepancies  and 
incomparability of data. Moreover, risk of delays in transposition by the MS could frustrate 
the objective of a speedy conclusion and implementation of the PRTR Protocol. 

The third option of adopting an independent instrument in the form of a Regulation, based on 
Article 175(1) of the EC Treaty, therefore seems to be the best option. 

5 

Study contract no. B4-3040/2003/356360/MAR/G2. 

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4.2. 

Subsidiarity and Proportionality 

The  eight  each  one  week  lasting  negotiations  on  the  UN-ECE  PRTR  Protocol  were 
accompanied by intensive EU co-ordination meetings with participation of nearly all Member 
states  and  accession  countries.  The  finally  adopted  and  signed  UN-ECE  Protocol  could  be 
roughly  regarded  as  “widely  discussed  and  agreed  position”  of  the  Member  States  and 
accession countries at the time of the negotiations. 

This  Proposal  for  a  Regulation  on  the  establishment  of  the  European  PRTR  follows  largely 
the  provisions  of  the  UN-ECE  Protocol.  The  few  divergences  are  justified  by  the  need  to 
ensure consistency with other legislative acts at Community level. 

As  the  European  Community  signed  the  Protocol  and  aims  at  its  ratification,  there  is  no 
alternative  to  the  creation  of  an  appropriate  legal  act  at  Community  level  to  ensure 
compliance with the obligations of the Protocol. 

Member  States  are  obliged,  when  becoming  Parties  to  the  Protocol,  to  implement  national 
PRTRs. Respecting the principle of subsidiarity, the Commission proposal leaves the design 
of  such  national  PRTRs  entirely  to  Member  States.  Considerations  of  compliance  with  the 
Protocol  and  of  practicability  are  expected  to  be  strong  incentives  for  Member  States  to 
ensure full compatibility of their national PRTRs with the European PRTR. 

4.3. 

Consistency with other Community Policies 

This Proposal concerning the establishment of a European PRTR is in line with the agenda for 
EU  environmental  policymaking  until  2012  outlined  in  the  Communication  from  the 
Commission on the 6th Environment Action Programme (6th EAP)6. In the chapter entitled 
"Empowering  Citizens  and  Changing  Behaviour",  the  6th  EAP  stresses  that  "well-informed 
citizens,  who  are  actively  involved  in  environmental  decision-making,  are  a  powerful  new 
force in achieving environmental results". To be effective, however, the 6th EAP emphasises 
that "they need quality information that they can use and understand" and that "they need the 
appropriate access to decision-makers to be able to express their views". 

The Communication further states that environmental reporting by companies and authorities 
needs to make information available at a local level so that people can easily obtain data on 
emissions from factories or other installations in their area. 

The  European  PRTR  serves  further  one  priority  action  of  the  6th  EAP  of  reviewing  and 
regularly monitoring information systems with a view to a more coherent and effective system 
to ensure streamlined reporting of high quality, comparable and relevant environmental data 
and information. 

This  Proposal  is  also  consistent  with  existing  EU  legislation  on  Public  Access  to 
Environmental  Information,  Public  Participation  in  Decision  making  and  Access  to  Justice. 
Articles 11 and 13 on confidentiality and access to justice are referring directly to the relevant 
EU legislation. 

6 

COM(2001) 31 final of 24.1.2001. 

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Further  this  Proposal  is  consistent  with  EU  legislation  in  the  field  of  air,  water  and  waste. 
Wherever  possible  and  in  line  with  an  intended  fully  implementation  of  the  UN-ECE 
Protocol, definitions and provisions from existing EU legislation have been used. There are a 
few exceptions, notably the definition of the capacity thresholds for the activities cement and 
ceramics  industry  in  Annex  I  which  differ  from  those  set  out  in  Annex  I  of  the  Council 
Directive 96/61/EC concerning integrated pollution prevention and control (“IPPC Directive”) 
and are necessary for compliance with the provisions of the Protocol. This proposal should be 
seen  as  a  separate  legal  instrument  and  will  not  pre-empt  a  future  amendment  to  the  IPPC 
Directive, including any revised definitions for the Annex I activities. The Commission will 
inform the Parties regarding possible changes to the E-PRTR Regulation which could result 
from an amendment to the IPPC Directive. 

In  the  sense  of  harmonising  and  streamlining  reporting  requirements  the  European  PRTR 
repeals Article 8(3) of the Directive 91/689/EEC of 12 December 1991 on hazardous waste7 
and includes further provisions to harmonise the obligations from the UN-ECE Protocol with 
existing EU legislation. 

In the following two items the Proposal differs from the UN-ECE PRTR Protocol: 

•  In order to streamline with existing EU legislation in the field of water, especially 
the Water Framework Directive8 and its Annexes IX and X (Priority substances), 
the  list  of  substances  of  the  UN-ECE  PRTR  Protocol  is  extended  by  three 
substances; for five other substances on the UN-ECE list additional reporting of 
releases  to  water  is  asked  for.  In  order  to  streamline  with  future  reporting  on 
persistent  organic  pollutants  according  to  a  proposal  by  the  Commission  for  a 
Regulation  on  persistent  organic  pollutants9  another  additional  substance  is 
included. 

•  The  reporting  timeframe  of  the  UN-ECE  Protocol  is  shortened  in  this  Proposal, 
bearing  in  mind  that  the  public  is  asking  for  timely  information  and  the  first 
reporting year will be 2007; those data to be published as first European PRTR on 
the internet in October 2009 according to this Proposal. 

It is also worth noting that many of the additional 36 substances to be reported in addition to 
EPER are pesticides no longer marketed and used in the EU. 

The  reporting  of  releases  and  transfers  by  Member  States  for  the  purpose  of  the  European 
PRTR may also be considered as fulfilment of other reporting obligations stipulated in other 
environmental  Community  legislation,  thereby  avoiding  double  reporting.  This  might  be 
specified  in  the  questionnaires  established  in  accordance  with  the  Comitology  procedure 
under Directive 91/692/EEC10. 

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OJ L 377, 31.12.1991, p. 20. 
Directive 2000/60/EC of 23 October 2000 establishing a framework for Community action in the field 
of water policy; OJ L 327, 22.12.2000. p. 1. 
COM(2003) 333 final of 12.6.2003. 
OJ L 377, 31.12.1991, p. 48. 

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4.4. 

Content of the Proposal 

For an extensive  presentation  of  this chapter please visit www.eper.cec.eu.int (“Explanatory 
Memorandum of future European PRTR”). 

5. 

IMPACT ASSESSMENT 

The economic impacts of the implementation of a PRTR were intensively investigated by the 
ECE  Economic  Analysis  Division  in  a  study  titled  “Analysis  of  the  Costs  and  Benefits  of 
PRTRs”11  in  2002.  All  Parties  negotiating  the  UN-ECE  Protocol  had  the  opportunity  to 
contribute data and comment on the study. The study was finally accepted by all Parties for 
publication. 

In  the  case  of  the  implementation  of  the  European  PRTR  the  results  of  the  study,  although 
interesting, can not be adequately applied, since  

•  Member States are already obliged to establish their own national PRTR according to the 

UN-ECE Protocol; 

•  Key elements of the European PRTR (data collection systems, electronic tools) are already 

in place under EPER. 

The  European  PRTR  is  basically  only  a  transfer  of  data,  already  collected  by  the  Member 
States  for  their  national  PRTRs,  to  the  Commission/EEA.  The  additional  obligations  in  the 
European PRTR  compared  to  the  UN-ECE Protocol  are moderate, since  the data flow from 
the Member States to EEA/Commission is already being well organised under existing EPER 
procedures. The costs are considered to be low and mainly accrue to the Commission, since it 
must publish the data on the internet and deliver guidance and review documents. The EEA is 
in need of a small yearly budget for the maintenance of hard- and software for the European 
PRTR. 

On  the  side  of  the  Member  States,  additional  but  limited  costs  may  arise  for  compiling  a 
national report according to Article 16 of the Regulation. 

As  this  Proposal  repeals  the  reporting  of  Article  8(3)  of  Directive  91/689/EEC  of  12 
December 1991 on hazardous waste, costs which had to be allocated for this reporting in the 
past could now be saved.  

In  terms  of  social  consequences  this  Proposal  is  regarded  as  positive,  since  the  European 
PRTR  will  allow  the  public  better  access  to  environmental  information  and  will  improve 
public participation in decision-making. The European PRTR will implement Article 5(9) of 
the Århus Convention. 

11 

Document no. CEP/WG.5/AC.2/2002/4, 11.02.2002, available under www.unece.org 

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In terms of the environmental consequences, public access and public participation regarding 
the  European  PRTR  will  raise  public  awareness  in  industrial  pollution.  This  will  certainly 
result in public pressure on introducing measures for pollution reduction. The integrated and 
coherent  database  of  the  European  PRTR  will  give  policy-makers,  scientists,  industry  and 
other organisations a solid database for their future decisions. 

The harmonising and streamlining of reporting by facilities will enhance and facilitate future 
development  of  coherent  and  effective  monitoring  and  reporting.  Further  potential  for 
coordinating reporting and optimising business costs could be explored where there is a high 
degree of integration of similar facilities based on the same site e.g. sharing a common waste 
water treatment plant. 

6. 

CONSULTATION WITH STAKEHOLDERS 

To ensure a broad consultation process on the potential scope and content of this Proposal, the 
Environment Directorate-General of the Commission launched a study, organised a number of 
meetings and developed a working draft document of the Proposal. 

The “Study on the outline of impacts of UN-ECE Protocol on EU legislation” carried out by 
Milieu  Limited  built  up  the  basis  for  discussions  with  Member  States  and  Accession 
Countries  on  the  IPPC  Article  19  Meeting  on  25  November  2003  and  in  addition  together 
with stakeholders on the 1st Meeting of the ad hoc working group on the development of the 
European PRTR on 26 November 2003. 

The  results  of  these  discussions  were  considered  in  developing  a  Working  Draft  for  the 
Proposal, which was basis for discussions on  the IPPC Article 19 Meeting  on 5 April 2004 
with  Member  States  and  Accession  Countries  and  in  addition  together  with  stakeholders  on 
the 2nd Meeting of the ad hoc working group on the development of the European PRTR on 6 
April 2004. 

The  positions  of  the  consultees  (Member  States,  Accession  Countries,  industry,  NGOs  and 
international  organisations)  are  presented  in  detail  on  www.eper.cec.eu.int  (“Explanatory 
Memorandum of future European PRTR”). 

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2004/0231 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

concerning the establishment of a European Pollutant Release and Transfer Register 
and amending Council Directives 91/689/EEC and 96/61/EC 

(Text with EEA relevance) 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article 175(1), thereof,  
Having regard the Proposal from the Commission12, 
Having regard to the opinion of the European Economic and Social Committee13,  
Having regard to the opinion of the Committee of the Regions14,  
Acting in accordance with the procedure laid down in Article 251 of the Treaty15,  

Whereas:  

(1) 

(2) 

The  Sixth  Community  Environment  Action  Programme  adopted  by  Decision  No 
1600/2002/EC  of  the  European  Parliament  and  of  the  Council16  requires  supporting 
the  provision  of  accessible  information  to  citizens  on  the  state  on  trends  of  the 
environment  in  relation  to  social,  economic  and  health  trends  as  well  as  the  general 
raising of environmental awareness. 

The UN-ECE Convention on Access to Information, Public Participation in Decision-
making  and  Access  to  Justice  in  Environmental  Matters  (Århus  Convention),  signed 
by the European Community on 25 June 1998, 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.  

12 
13 
14 
15 
16 

OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
Opinion of the European Parliament of xxx and Council Decision of xxx. 
OJ L 242, 10.9.2002, p. 1. 

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(3) 

(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

(10) 

Pollutant release and transfer registers (hereafter “PRTRs”) are a cost-effective tool for 
encouraging improvements in environmental performance, for providing public access 
to information on releases of pollutants and off-site transfers of pollutants and waste, 
and  for  use  in  tracking  trends,  demonstrating  progress  in  pollution  reduction, 
monitoring  compliance  with  certain  international  agreements,  setting  priorities  and 
evaluating progress achieved through Community and national environmental policies 
and programmes. 

An  integrated  and  coherent  PRTR  gives  industry,  scientists,  insurance  companies, 
local  authorities,  non-governmental  organisations  and  other  decision-makers  a  solid 
database for comparisons and future decisions in environmental matters. 

On 21 May 2003 the European Community signed the UN/ECE Protocol on Pollutant 
Release  and  Transfer  Registers  (the  PRTR  Protocol).  Provisions  of  Community  law 
must be consistent with that Protocol with a view to its conclusion by the Community. 

A  European  Pollutant  Emission  Register  (hereinafter  “EPER”)  was  established  by 
Commission  Decision  2000/479/EC17.  The  PRTR  Protocol  builds  on  the  same 
principles as EPER, but goes beyond, by including reporting on more pollutants, more 
activities, releases to land, releases from diffuse sources and off-site transfers.  

The objectives and goals pursued by a European PRTR can only be achieved if data 
are  reliable  and  comparable.  An  adequate  harmonisation  of  the  data  collection  and 
transfer system is therefore needed to ensure the quality and comparability of data. In 
accordance  with  the  PRTR  Protocol  the  European  PRTR  should  be  designed  for 
maximum ease of public access through the internet. Releases and transfers should be 
easily identified in different aggregated and non-aggregated forms in order to access a 
maximum of information in a reasonable time. 

In  order  to  further  promote  the  objective  of  supporting  the  provision  of  accessible 
information to citizens on the state on trends of the environment as well as the general 
raising of environmental awareness, the European PRTR should contain links to other 
similar  databases 
international 
organisations.  

in  Member  States,  non-Member  States  and 

In  accordance  with  the  PRTR  Protocol,  the  European  PRTR  should  also  contain 
information on specific waste disposal operations, to be reported as releases to land.  

In order to achieve the objective of the European PRTR to provide reliable information 
to the public and to allow for knowledge-based decisions it is necessary to provide for 
reasonable  but  strict  timeframes  for  data  collection  and  reporting;  this  is  particularly 
relevant for reporting by Member States to the Commission. 

17 

OJ L 192, 28.7.2000, p. 36. 

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(11)  Reporting  of  releases  from  industrial  facilities,  although  not  yet  always  consistent, 
complete  and  comparable,  is  a  well  established  procedure  in  many  Member  States. 
Compared  to  this  procedure,  reporting  on  releases  from  diffuse  sources  should  be 
improved in order to enable decision-makers to better put into context those releases 
and to choose the most effective solution for pollution reduction; in accordance with 
the  PRTR  Protocol,  initial  steps  should  therefore  be  taken  to  ensure  such 
improvements.  

(12)  Data reported by the Member States should be of high quality in particular as regards 
their 
timeliness,  completeness,  uncertainty,  comparability,  consistency  and 
transparency.  It  is  of  great  importance  to  coordinate  future  efforts  of  both  operators 
and Member States to improve the quality of the reported data. The Commission will 
therefore initiate work, together with the Member States, on quality assurance.  

(13) 

(14) 

(15) 

(16) 

In accordance with the Århus Convention, the public should be granted access to the 
information  contained  in  the  European  PRTR  without  an  interest  to  be  stated, 
primarily  by  ensuring  that  the  European  PRTR  provides  for  direct  electronic  access 
through Internet.  

Access  to  information  provided  by  the  European  PRTR  should  be  unrestricted  and 
exceptions from this rule should only be possible where explicitly granted by existing 
Community legislation. 

In accordance with the Århus Convention, public participation should be guaranteed in 
the further development of the European PRTR by early and effective opportunities to 
submit comments, information, analysis or relevant opinions for the decision-making 
process. Applicants should be able to seek an administrative or judicial review of the 
acts or omissions of a public authority in relation to a request. 

In order to enhance the usefulness and impact of the PRTR, the Commission and the 
the 
Member  States  should  co-operate 
implementation of the European PRTR, in promoting awareness of the public and in 
providing appropriate and timely technical assistance. 

in  developing  guidance  supporting 

(17) 

In  order  to  keep  in  line  with  technical  and  scientific  progress,  the  European  PRTR 
should  be  open  for  further  developments,  in  particular  with  regard  to  information 
concerning releases from diffuse sources. 

(18)  The measures necessary for the implementation of this Regulation should be adopted 
in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the 
procedures for the exercise of implementing powers conferred on the Commission18. 

18 

OJ L 184, 17.7.1999, p. 23. 

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(19)  Since  the  objectives  of  the  action  to  be  taken,  namely  to  enhance  public  access  to 
environmental  information  through  the  establishment  of  an  integrated,  coherent 
Community-wide electronic database, cannot be sufficiently achieved by the Member 
States, since the need for comparability of data throughout the Member States argues 
for a high level of harmonisation, and can therefore be better achieved at Community 
level,  the  Community  may  adopt  measures  in  accordance  with  the  principle  of 
subsidiarity as  set out in  Article 5 of the Treaty. In  accordance  with  the principle of 
proportionality as set out in that Article, this Regulation does not go beyond what is 
necessary in order to achieve those objectives. 

(20) 

In  order  to  simplify  and  streamline  reporting  requirements  Council  Directive 
91/689/EEC  of  12  December  1991  on  hazardous  waste19  and  Council  Directive 
96/61/EC  of  24  September  1996  concerning  integrated  pollution  prevention  and 
control

20 should be amended. 

HAVE ADOPTED THIS REGULATION: 

Article 1 

Subject Matter 

This Regulation establishes an integrated pollutant release and transfer register at Community 
level (European PRTR) in the form of a publicly accessible electronic database and lays down 
rules for its functioning, in order to implement the UN-ECE Protocol on Pollutant Release and 
Transfer Registers (hereinafter “the Protocol”). 

Article 2 

Definitions 

For the purposes of this Regulation the following definitions shall apply: 

(1) 

(2) 

“The public” means one or more natural or legal persons, and, in accordance 
with  national  legislation  or  practice,  their  associations,  organisations  or 
groups; 

“Competent  authority”  means  the  national  authority  or  authorities,  or  any 
other competent body or bodies, designated by the Member States to manage 
the national part of the European PRTR; 

19 

20 

OJ  L  377,  31.12.1991,  p.  20;  Directive  as  amended  by  Council  Directive  94/31/EC 
(OJ L 168, 2.7.1994, p. 28). 
OJ L 257, 10.10.1996, p. 26. 

EN 

12 

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(3) 

(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

(10) 

(11) 

(12) 

(13) 

“Installation” means a stationary technical unit where one or more activities 
listed in Annex I are carried out, and any other directly associated activities 
which have a technical connection with the activities carried out on that site 
and which could have an effect on emissions and pollution; 

“Facility” means one or more installations on the same site that are operated 
by the same natural or legal person;  

“Site” means the geographical location of the facility including any adjoining 
land that is separated by a road, railway or water channel;  

“Operator”  means  any  natural  or  legal  person  who  operates  or  controls  the 
facility or, where this is provided for in national legislation, to whom decisive 
economic  power  over  the  technical  functioning  of  the  facility  has  been 
delegated;  

“Reporting  year”  means  the  calendar  year  for  which  data  on  releases  of 
pollutants and off-site transfers must be gathered; 

“Substance”  means  any  chemical  element  and  its  compounds,  with  the 
exception of radioactive substances; 

 “Pollutant” means a substance or a group of substances that may be harmful 
to the environment or to human health in account of its properties and of its 
introduction into the environment; 

“Release”  means  any  introduction  of  pollutants  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; 

“Off-site transfer” means the movement beyond the boundaries of a facility of 
waste  destined  for  disposal  or  recovery  and  of  pollutants  in  waste  water 
destined for waste water treatment; 

“Channelled releases” means the releases of pollutants into the environment 
through any kind of pipe, regardless of the shape of its cross-section; 

“Diffuse  sources”  means  the  many  smaller  or  scattered  sources  from  which 
pollutants may be released to land, air or water, whose combined impact on 
those  media  may  be  significant  and  for  which  it  is  impractical  to  collect 
reports from each individual source;  

(14) 

“Waste”means any substance or object as defined in Article 1(a) of Directive 
75/442/EEC21; 

21 

OJ L 194, 25.7.1975, p. 39.  

EN 

13 

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(15) 

(16) 

(17) 

(18) 

“Hazardous waste” means any substance or object as defined in Article 1(4) 
of Directive 91/689/EEC;  

“Waste water” means urban, domestic and industrial waste water, as defined 
in Article 2 of Directive 91/271/EEC of 21 May 1991 concerning urban waste 
water treatment22, and any other used water containing substances or objects 
subject to regulation by Community law; 

“Disposal”  means  any  of  the  operations  provided  for  in  Annex  II,  A  of 
Directive 75/442/EEC;  

“Recovery”  means  any  of  the  operations  provided  for  in  Annex  II,  B  of 
Directive 75/442/EEC.  

Article 3 

Contents of the European PRTR 

The European PRTR shall include information on: 

(a) 

(b) 

releases  of  the  pollutants  referred  to  in  Article  5(1)(a)  that  must  be 
reported  by  the  operators  of  the  facilities  carrying  out  the  activities 
listed in Annex I;  

off-site  transfers  of  waste  referred  to  in  Article  5(1)(b)  and  of 
pollutants  in  wastewater  referred  to  in  article  5(1)(c),  that  must  be 
reported  by  the  operators  of  the  facilities  carrying  out  the  activities 
listed in Annex I; 

(c) 

releases of pollutants from diffuse sources, where available. 

Article 4  

Design and Structure 

1. 

The  Commission  shall  publish  the  European  PRTR  presenting  data  in  both 
aggregated and non-aggregated forms, so that releases and transfers can be searched 
and identified according to: 

(a) 

facility and its geographical location; 

(b) 

activity; 

(c) 

occurrence on Member State or Community level; 

(d)  pollutant or waste, as appropriate; 

22 

OJ L 135, 30.5.1991, p. 40. 

EN 

14 

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(e) 

each environmental media into which the pollutant is released; 

(f) 

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

(g)  off-site transfers of waste water; 

(h)  diffuse sources. 

2. 

The European PRTR shall be designed for maximum ease of public access to allow 
the  information,  under  normal  operating  conditions,  to  be  continuously  and 
immediately  available  through  the  Internet  and  other  electronic  means.  Its  design 
shall  take  into  account  the  possibility  of  its  future  expansion  and  shall  include  all 
data  reported  for  previous  reporting  years,  progressively  up  to  at  least  the  last  ten 
previous reporting years. 

3. 

The European PRTR shall include links to the following: 

(a) 

facilities’  websites  if  such  websites  exist  and  are  provided  by  the 
facilities;  

(b) 

the national PRTRs of Member States; 

(c) 

other  relevant  existing,  publicly  accessible  databases  on  subject 
matters  related  to  PRTRs,  including  national  PRTRs  of  other  Parties 
to the Protocol and, where feasible, to those of other countries. 

Article 5  

Reporting by Operators 

1. 

The  operator  of  each  facility  that  undertakes  one  or  more  activities  specified  in 
Annex I above the applicable capacity thresholds specified in Annex I shall report to 
its  competent  authority  in  the  Member  State  the  amounts  per  calendar  year,  along 
with an indication of whether the information is based on measurement, calculation 
or estimation, of the following: 

(a) 

releases to air, water and land of any pollutant specified in Annex II for which 
the applicable threshold value specified in Annex II is exceeded; 

(b)  off-site  transfers  of  hazardous  waste  exceeding  2  tonnes  per  year  or  of  non 
hazardous  waste  exceeding  2,000  tonnes  per  year,  for  any  operations  of 
recovery  and  disposal,  indicating  respectively  with  “R”  or  “D”  whether  the 
waste is destined for recovery or disposal and, for transboundary movements of 
hazardous waste, the name and address of the recoverer or the disposer of the 
waste and the actual recovery or disposal site; 

(c) 

off-site transfers of any pollutant specified in Annex II in waste water destined 
for waste water treatment for which the threshold value specified in Annex II, 
column 1b is exceeded;  

EN 

15 

   EN 

 
In  the  case  of  data  indicated  as  being  based  on  measurement  or  calculation  the 
analytical method and/or the method of calculation shall be reported. 

Releases  from  diffuse  sources  on  the  site  of  the  facility  shall  be  reported  together 
with the channelled releases of the facility. 

The information referred to in paragraph 1 shall include information on releases and 
transfers  resulting  as  totals  of  all  deliberate,  accidental,  routine  and  non-routine 
activities. 

The operator of each facility shall collect with appropriate frequency the data needed 
to  determine  the  facility’s  releases  and  off-site  transfers  subject  to  reporting 
requirements under paragraph 1.  

When  preparing  the  report  the  operator  concerned  shall  use  the  best  available 
information,  which  may  include  monitoring  data,  emission  factors,  mass  balance 
equations,  indirect  monitoring  or  other  calculations,  engineering  judgements  and 
other  methods  in  line  with  the  provision  of  Article  9(1)  and  in  accordance  with 
internationally approved methodologies, whenever these are available. 

The  operator  of  each  facility  concerned  shall  keep  available  for  the  competent 
authorities  of  the  Member  State  the  records  of  the  data  from  which  the  reported 
information  was  derived  for  a  period  of  ten  years,  starting  from  the  end  of  the 
reporting year concerned. These records shall also describe the methodology used for 
data gathering. 

Article 6 

Releases to land 

Waste  generated  on  the  site  of  the  facility,  which  is  subject  to  disposal  operations 
‘land  treatment’  or  ‘deep  injection’,  as  specified  in  Annex  II,  A  of  Directive 
75/442/EEC, on the site of the facility, shall be reported as a release to land by the 
operator of the facility. 

Waste  transferred  off-site,  which  is  subject  to  subsequent  disposal  operations  ‘land 
treatment’ or ‘deep injection’, as specified in Annex II, A of Directive 75/442/EEC, 
shall  be  reported  as  a  release  to  land  by  the  operator  of  the  facility  originating  the 
off-site transfer of that waste. 

Article 7 

Reporting by Member States 

The  Member  States  shall  determine,  having  regard  to  the  requirements  set  out  in 
paragraphs 2 and 3 of this Article, a date by which operators shall provide all data 
referred to in Article 5(1) and (2) and information referred to in Article 5(3), (4) and 
(5) to its competent authority.  

2. 

3. 

4. 

5. 

1. 

2. 

1. 

EN 

16 

   EN 

 
2. 

Member  States  shall  provide  all  data  referred  to  in  Article  5(1)  and  (2)  to  the 
Commission  by  electronic  transfer  according  to  the  format  of  Annex  III  and  the 
following schedule: 

(a) 

for the first reporting year, within 15 months after the end of the reporting year; 

(b) 

for  all  reporting  years  thereafter,  within  12  months  after  the  end  of  the 
reporting year. 

The first reporting year shall be the year 2007. 

3. 

The  Commission,  assisted  by  the  European  Environment  Agency,  shall  incorporate 
the information reported by the Member States into the European PRTR according to 
the following schedule: 

(a) 

for the first reporting year, within 21 months after the end of the reporting year;  

(b) 

for  all  reporting  years  thereafter,  within  16  months  after  the  end  of  the 
reporting year. 

Article 8 

Releases from Diffuse Sources 

The Commission shall establish the timeframe, the format and particulars needed for 
the  collection  and  transmission  of  information  existing  in  the  Member  States  on 
releases from diffuse sources in accordance with the procedure referred to in Article 
19(2). 

The information referred to in paragraph 1 shall be organised such as to allow users 
to  search  and  identify  releases  of  pollutants  from  diffuse  sources  according  to  an 
adequate  spatial  des-aggregation  and  shall  include  information  on  the  type  of 
methodology used to derive the information. 

Where the Commission determines that no data on the releases from diffuse sources 
exists,  it  shall  take  measures  to  initiate  reporting  on  releases  of  relevant  pollutants 
from one or more diffuse sources in accordance with its priorities.  

Article 9  

Quality Assurance 

The operator of each facility subject to the reporting requirements set out in Article 5 
shall assure the quality of the information that they report. 

The  competent  authorities  shall  assess  the  quality  of  the  data  provided  by  the 
operators  of  the  facilities,  in  particular  as  to  their  timeliness,  completeness, 
uncertainty, comparability, consistency and transparency. 

1. 

2. 

3. 

1. 

2. 

EN 

17 

   EN 

 
3. 

4. 

1. 

2. 

The Commission shall coordinate work on quality assurance and quality assessment 
in consultation with the Committee referred to in Article 19(1). 

The Commission may adopt guidelines for the monitoring and reporting of emissions 
in accordance with the procedure referred to in Article 19(2). 

Article 10 

Access to information 

The  Commission,  assisted  by  the  European  Environment  Agency,  shall  make  the 
European PRTR publicly accessible by dissemination on the Internet according to the 
timeframe set out in Article 7(3). 

Where  the  information  contained  in  the  European  PRTR  is  not  easily  publicly 
accessible  by  direct  electronic  means,  the  Member  State  concerned  and  the 
Commission  shall  facilitate  electronic  access  to  the  European  PRTR  in  publicly 
accessible locations.  

Article 11  

Confidentiality  

Whenever information is kept confidential by a Member State in accordance with Article 4 of 
Directive 2003/4/EC of the European Parliament and of the Council23, the Member State shall 
indicate  in  its  report  according  to  Article  7(2)  of  this  Regulation  for  every  reporting  year 
separately  for  each  facility  claiming  confidentiality  what  type  of  information  has  been 
withheld and for what reason it has been withheld. 

Article 12 

Public Participation  

1. 

The  Commission  shall  provide  the  public  with  early  and  effective  opportunities  to 
participate  in  the  further  development  of  the  European  PRTR,  including  capacity 
building and the preparation of amendments of this Regulation. 

The public shall have the opportunity to submit comments, information, analyses or 
opinions that are relevant within a reasonable timeframe. 

2. 

The  Commission  shall  take  due  account  of  such  input  and  shall  inform  the  public 
about the outcome of the public participation. 

23 

OJ L 41,14.2.2003, p. 26. 

EN 

18 

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Article 13  

Access to Justice 

Access to justice relating to the public access to environmental information shall be granted 
according  to  Article  6  of  Directive  2003/4/EC  and  for  the  institutions  of  the  Community 
according to Articles 6, 7 and 8 of Regulation (EC) No 1049/2001 of the European Parliament 
and  of  the  Council24  in  conjunction  with  Article  3  of  Regulation  (EC)  No  …/…of  the 
European Parliament and of the Council25. 

Article 14  

Capacity Building 

The Commission shall develop a guidance document supporting the implementation of the  
European PRTR within nine months after the entry into force of this Regulation and in  
consultation with the Committee referred to in Article 19(1). 
The guidance document for implementation of the European PRTR shall address in particular 
details on the following: 

(a) 

reporting procedures;  

(b) 

the data to be reported;  

(c) 

quality assurance;  

(d) 

(e) 

indication of type of withheld data and reasons why they were withheld in the 
case of confidential data;  

reference  to  internationally  approved  release  determination  and  analytical 
methods, sampling methodologies;  

(f) 

indication of parent companies;  

(g) 

coding  of  activities  according  to  Annex  I  of  this  Regulation  and  of  Council 
Directive 96/61/EC. 

Article 15  

Awareness Raising 

The  Commission  and  the  Member  States  shall  promote  awareness  of  the  public  of  the 
European PRTR and shall ensure that assistance is provided in accessing the European PRTR 
and in understanding and using the information contained in it.  

24 
25 

OJ L 145, 31.05.2001, p. 43. 
OJ C […], […], p. […]. (Commission Proposal COM(2003) 622 final of 24.10.2003) 

EN 

19 

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Article 16 

Additional information to be reported by the Member States 

1. 

Member  States  shall,  in  a  report  based  on  the  information  from  the  last  three 
reporting years to be delivered every three years together with the data provided in 
accordance  with  Article  7,  inform  the  Commission  on  practice  and  measures  taken 
regarding the following: 

(a) 

requirements according to Article 5; 

(b) 

quality assurance according to Article 9;  

(c) 

access to information according to Article 10(2); 

(d) 

awareness raising activities according to Article 15; 

(e) 

confidentiality of data according to Article 11; 

(f) 

penalties  provided  for  according  to  Article  20  and  experience  with  their 
application. 

2. 

The Commission shall develop the format and particulars of the report referred to in 
paragraph 1 in consultation with the committee referred to in Article 19(1). 

Article 17 

Review by the Commission and amendment proposals 

The  Commission  shall  review  the  information  provided  by  Member  States  according  to 
Article 7 and 16 and shall publish a report every three years based on the information from the 
last three reporting years available, six months after the presentation of this information on the 
Internet. 

Member States shall submit proposals for amendments of the annexes to the Protocol to the 
committee  mentioned  under  Article  19(1).  The  Community  position  on  such  amendments 
shall be adopted in accordance with the procedure referred to in Article 19(2). 

Article 18 

Amendment of the Annexes 

The  amendments  necessary  for  adapting  the  Annexes  to  this  Regulation  to  scientific  and 
technical  progress  and  to  amendments  of  the  Annexes  to  the  Protocol  shall  be  adopted  in 
accordance with the procedure referred to in Article 19(2). 

EN 

20 

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Article 19  

Committee  

1. 

2. 

The Commission shall be assisted by a committee (hereinafter “the committee”). 

Where  reference  is  made  to  this  paragraph,  Articles  4  and  7  of  Decision 
1999/468/EC  shall  apply,  having  regard  to  the  provisions  of  Article  8  thereof.  The 
period  provided  for  in  Article  4(3)  of  Decision  1999/468/EC  shall  be  set  at  three 
months. 

Article 20 

Penalties 

Member  States  shall  lay  down  the  rules  on  penalties  applicable  to  infringements  of  the 
provisions  of  this  Regulation  and  shall  take  all  measures  necessary  to  ensure  that  they  are 
implemented. The penalties provided for must be effective, proportionate and dissuasive. The 
Member States shall notify those provisions to the Commission one year after entry into force 
of this Regulation at the latest and shall notify it without delay of any subsequent amendment 
affecting them. 

Article 21 

Amendments to Directives 91/689/EEC and 96/61/EC 

1. 

2. 

Article 8(3) of Directive 91/689/EEC is deleted. 

Article 15(3) of Directive 96/61/EC is deleted. 

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. 

This Regulation shall be binding in its entirety and directly applicable in all Member States. 

Done at Brussels, […] 

For the European Parliament 
The President 

For the Council 
The President 

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ANNEX I 

ACTIVITIES 

No. 

Activity 

Capacity threshold 

1.  Energy sector 

(a)  Mineral oil and gas refineries 

(b)  Installations for gasification and liquefaction 

*(1) 

* 

(c)  Thermal 

power 

stations 

and 

other 

combustion installations 

With  a  heat 
50 megawatts (MW) 

input  of 

(d)  Coke ovens 

(e)  Coal rolling mills  

* 

a 
With 
1 tonne per hour  

capacity  of 

(f)  Installations  for  the  manufacture  of  coal 

products and solid smokeless fuel 

2.  Production and processing of metals 

(a)  Metal ore (including sulphide ore) roasting or 

sintering installations 

* 

* 

(b)  Installations for the production of pig iron or 
secondary  melting) 

steel 
(primary  or 
including continuous casting 

With 
a 
2.5 tonnes per hour 

capacity  of 

(c) 

Installations  for  the  processing  of  ferrous 
metals: 

(i) Hot-rolling mills 

(ii) Smitheries with hammers 

a 

With 
capacity  of 
20 tonnes  of  crude  steel 
per hour 

an 

With 
50 kilojoules 
hammer,  where 
power 
calorific 
exceeds 20 MW 

energy  of 
per 
the 
used 

(iii)  Application  of  protective  fused  metal 
coats 

With an input of 2 tonnes 
of crude steel per hour 

(d)  Ferrous metal foundries 

a 

With 
production 
capacity of 20 tonnes per 
day 

EN 

22 

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(e)  Installations: 

(i) 
For  the  production  of  non-ferrous 
crude  metals  from  ore,  concentrates  or 
secondary  raw  materials  by  metallurgical, 
chemical or electrolytic processes 

(ii)  For  the  smelting,  including  the  alloying, 
of  non-ferrous  metals,  including  recovered 
products (refining, foundry casting, etc.) 

* 

With  a  melting  capacity 
of 4 tons per day for lead 
and  cadmium  or  20 
tonnes  per  day  for  all 
other metals 

(f)  Installations  for  surface  treatment  of  metals 
and  plastic  materials  using  an  electrolytic  or 
chemical process 

Where  the volume  of the 
treatment  vats 
equals 
30 m3 

3.  Mineral industry 

(a)  Underground mining and related operations 

* 

(b)  Opencast mining 

(c) 

Installations for the production of: 

(i) Cement clinker in rotary kilns 

(ii) Lime in rotary kilns 

Where  the  surface  of  the 
area  being  mined  equals 
25 hectares 

a 

With 
production 
capacity  of  500  tonnes 
per day 

a 

With 
capacity 
50 tonnes per day 

production 
exceeding 

(iii) Cement clinker or lime in other furnaces  With 

a 

production 
capacity of 50 tonnes per 
day 

(d)  Installations  for  the  production  of  asbestos 
the  manufacture  of  asbestos-based 

and 
products 

* 

(e)  Installations  for  the  manufacture  of  glass, 

including glass fibre 

With  a  melting  capacity 
of 20 tonnes per day 

(f)  Installations  for  melting  mineral  substances, 
including the production of mineral fibres  

With  a  melting  capacity 
of 20 tonnes per day 

(g)  Installations  for  the  manufacture  of  ceramic 
products by firing, in particular roofing tiles, 
bricks,  refractory  bricks,  tiles,  stoneware  or 
porcelain  

a 

With 
production 
capacity of 75 tonnes per 
day,  or  with  a  kiln 
capacity of 4 m3 and with 
a  setting  density  per  kiln 
of 300 kg/m3  

EN 

23 

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4.  Chemical industry 

(a)  Chemical  installations  for  the  production  on 
scale  of  basic  organic 

an 
industrial 
chemicals, such as: 

(i)  Simple  hydrocarbons 

(linear  or 
saturated  or  unsaturated, 

cyclic, 
aliphatic or aromatic) 

(ii)  Oxygen-containing 

hydrocarbons 
such  as  alcohols,  aldehydes,  ketones, 
carboxylic  acids,  esters,  acetates, 
ethers, peroxides, epoxy resins 

(iii)  Sulphurous hydrocarbons 
(iv)  Nitrogenous  hydrocarbons  such  as 
amines,  amides,  nitrous  compounds, 
nitrate 
nitro 
compounds, 
cyanates, 
isocyanates 

compounds 

nitriles, 

or 

(v)  Phosphorus-containing hydrocarbons 
(vi)  Halogenic hydrocarbons 
(vii)  Organometallic compounds 
(viii) Basic  plastic  materials  (polymers, 
synthetic  fibres  and  cellulose-based 
fibres) 

(ix)  Synthetic rubbers 
(x)  Dyes and pigments 
(xi)  Surface-active agents and surfactants 
(b)  Chemical  installations  for  the  production  on 
inorganic 
industrial  scale  of  basic 

an 
chemicals, such as: 

(i)  Gases,  such  as  ammonia,  chlorine  or 
hydrogen 
or 
chloride, 
hydrogen  fluoride,  carbon  oxides, 
sulphur  compounds,  nitrogen  oxides, 
hydrogen,  sulphur  dioxide,  carbonyl 
chloride 

fluorine 

(ii)  Acids, 

such 

chromic 

acid, 
as 
hydrofluoric  acid,  phosphoric  acid, 
acid, 
nitric 
sulphuric  acid,  oleum,  sulphurous 
acids 

hydrochloric 

acid, 

∗ 

* 

(iii)  Bases, such as ammonium hydroxide, 
sodium 

hydroxide, 

potassium 
hydroxide 

(iv)  Salts,  such  as  ammonium  chloride, 
potassium 
carbonate, 

chlorate, 
potassium 
sodium 
carbonate, 
perborate, silver nitrate 

(v)  Non-metals,  metal  oxides  or  other 
inorganic compounds such as calcium 
carbide, silicon, silicon carbide 

EN 

24 

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(c)  Chemical  installations  for  the  production  on 
an industrial scale of phosphorous-, nitrogen- 
or  potassium-based  fertilizers  (simple  or 
compound fertilizers)  

(d)  Chemical  installations  for  the  production  on 
an  industrial  scale  of  basic  plant  health 
products and of biocides 

(e)  Installations  using  a  chemical  or  biological 
process  for  the  production  on  an  industrial 
scale of basic pharmaceutical products 

(f)  Installations 

for 

the  production  on  an 
industrial scale of explosives and pyrotechnic 
products 

* 

* 

* 

* 

5.  Waste and wastewater management 

(a)  Installations  for  the  disposal  or  recovery  of 

hazardous waste 

(b)  Installations  for  the  incineration  of  non-
hazardous  waste  in  the  scope  of  Directive 
2000/76/EC  

(c)  Installations 

for 
hazardous waste  

the  disposal  of  non-

(d)  Landfills  (excluding  landfills  of  inert  waste 
and  landfills,  which  have  been  definitely 
closed before the 16.7.2001 or for which the 
after-care  phase  required  by  the  competent 
authorities according to Article 13 of Council 
Directive 1999/31/EC26 has expired) 

(e)  Installations  for  the  disposal  or  recycling  of 

animal carcasses and animal waste  

(f)  Urban waste-water treatment plants  

(g)  Independently  operated 

industrial  waste-
water  treatment  plants  which  serve  one  or 
more activities of this annex  

Receiving  10  tonnes  per 
day 

a 
With 
3 tonnes per hour 

capacity  of 

a 
With 
50 tonnes per day 

capacity  of 

Receiving  10  tonnes  per 
total 
day  or  with  a 
capacity of 25,000 tonnes 

With a treatment capacity 
of 10 tonnes per day 

With 
a 
100,000 
equivalents 

capacity  of 
population 

With 
a 
10,000 m3 per day 

capacity  of 

26 

OJ L 182, 16.7.1999, p. 1. 

EN 

25 

   EN 

 
 
                                                 
6.  Paper 

and  wood 

production 

and 

processing 

(a)  Industrial  plants  for  the  production  of  pulp 
from timber or similar fibrous materials 

* 

(b)  Industrial  plants  for  the  production  of  paper 
and  board  and  other  primary  wood  products 
(such as chipboard, fibreboard and plywood) 

a 

With 
production 
capacity of 20 tonnes per 
day 

(c)  Industrial plants for the preservation of wood 

and wood products with chemicals  

With 
production 
capacity of 50 m3 per day 

a 

7. 

Intensive 
aquaculture 

livestock 

production 

and 

(a)  Installations  for  the  intensive  rearing  of 

poultry or pigs 

(b)  Intensive aquaculture  

(i)  With  40,000  places 
for poultry 

(ii) With 2,000 places for 
production pigs (over 
30 kg) 

(iii)  With  750  places  for 
sows 

a 

With 
production 
capacity  of  1,000  tonnes 
of  fish  or  shellfish  per 
year 

EN 

26 

   EN 

 
 
 
 
 
 
 
8.  Animal  and  vegetable  products  from  the 

food and beverage sector 

(a)  Slaughterhouses 

With 
carcass 
a 
production capacity of 50 
tonnes per day 

(b) 

(ii) Vegetable raw materials  

Treatment  and  processing  intended  for  the 
production  of  food  and  beverage  products 
from: 
(i) Animal raw materials (other than milk)  With  a  finished  product 
production capacity of 75 
tonnes per day 
With  a  finished  product 
production  capacity  of 
300 
tonnes  per  day 
(average  value  on  a 
quarterly basis) 
to 
With 
a 
receive  200 
tonnes  of 
milk  per  day  (average 
value on an annual basis) 

capacity 

(c)  Treatment and processing of milk  

9.  Other activities 

(a)  Plants  for  the  pretreatment  (operations  such 
as  washing,  bleaching,  mercerization)  or 
dyeing of fibres or textiles  

With a treatment capacity 
of 10 tonnes per day 

(b)  Plants for the tanning of hides and skins  

(c)  Installations  for  the  surface  treatment  of 
substances, objects or products using organic 
solvents,  in  particular  for  dressing,  printing, 
coating,  degreasing,  waterproofing,  sizing, 
painting, cleaning or impregnating  

With a treatment capacity 
of  12  tonnes  of  finished 
product per day 
With a consumption 
capacity of 150 kg per 
hour or 200 tonnes per 
year 

(d) 

Installations  for  the  production  of  carbon 
(hard-burnt  coal)  or  electro-graphite  by 
means of incineration or graphitization 

* 

(e) 

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

With a capacity for ships 
100 m long 

 (1) 

An asterisk (*) indicates that no capacity threshold is applicable (all facilities are subject to reporting). 

EN 

27 

   EN 

 
 
 
 
ANNEX II 

POLLUTANTS 

Threshold for releases 
(column 1) 

No
. 

CAS 
number 

Pollutant 

to air 
(column 1a)

to water 
(column 1b) 

to land 
(column 1c)

kg/year 

kg/year 

kg/year 

1  74-82-8  Methane (CH4) 

2  630-08-0  Carbon monoxide (CO) 

100 000 

500 000 

3  124-38-9  Carbon dioxide (CO2) 

100 million 

Hydro-fluorocarbons (HFCs) 

100 

10024-97-
2 

Nitrous oxide (N2O) 

6  7664-41-7 Ammonia (NH3) 

10 000 

10 000 

100 000 

100 

50 

Non-methane volatile organic 
compounds (NMVOC) 

Nitrogen oxides (NOx/NO2) 

100 000 

Perfluorocarbons (PFCs) 

10  2551-62-4 Sulphur hexafluoride (SF6) 

Sulphur oxides (SOx/SO2) 

150 000 

-(1) 

- 

- 

- 

- 

- 

- 

- 

- 

- 

- 

- 

- 

- 

- 

- 

- 

- 

- 

- 

- 

- 

Total nitrogen 

Total phosphorus 

Hydrochlorofluorocarbons 
(HCFCs) 

Chlorofluorocarbons (CFCs) 

Halons 

17  7440-38-2 Arsenic and compounds (as As)

18  7440-43-9 

Cadmium  and  compounds  (as
Cd) 

- 

- 

1 

1 

1 

20 

10 

50 000 

50 000 

5 000 

5 000 

- 

- 

- 

5 

5 

- 

- 

- 

5 

5 

4 

5 

7 

8 

9 

11 

12 

13 

14 

15 

16 

EN 

28 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Threshold for releases 
(column 1) 

No
. 

CAS 
number 

Pollutant 

to air 
(column 1a)

to water 
(column 1b) 

to land 
(column 1c)

kg/year 

kg/year 

kg/year 

19  7440-47-3 

Chromium  and  compounds  (as
Cr) 

100 

20  7440-50-8 Copper and compounds (as Cu) 

100 

21  7439-97-6 Mercury and compounds (as Hg)

22  7440-02-0 Nickel and compounds (as Ni) 

23  7439-92-1 Lead and compounds (as Pb) 

24 7440-66-6 Zinc and compounds (as Zn) 

10 

50 

200 

200 

50 

50 

1 

20 

20 

50 

50 

1 

20 

20 

100 

100 

25 

15972-60-
8 

Alachlor 

26  309-00-2  Aldrin 

27  1912-24-9 Atrazine 

28  57-74-9  Chlordane 

29  143-50-0  Chlordecone 

30  470-90-6  Chlorfenvinphos 

31 

85535-84-
8 

Chloro-alkanes, C10-C13 

32  2921-88-2 Chlorpyrifos 

33  50-29-3  DDT 

34  107-06-2  1,2-dichloroethane (EDC) 

35  75-09-2  Dichloromethane (DCM) 

36  60-57-1  Dieldrin 

37 330-54-1  Diuron 

38 115-29-7  Endosulphan 

- 

1 

- 

1 

1 

- 

- 

- 

1 

1 000 

1 000 

1 

- 

- 

1 

1 

1 

1 

1 

1 

1 

1 

1 

10 

10 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

10 

10 

1 

1 

1 

EN 

29 

   EN 

 
 
 
 
 
 
 
Threshold for releases 
(column 1) 

No
. 

CAS 
number 

Pollutant 

to air 
(column 1a)

to water 
(column 1b) 

to land 
(column 1c)

kg/year 

kg/year 

kg/year 

39 72-20-8  Endrin 

40 

Halogenated organic compounds 
(as AOX) 

41  76-44-8  Heptachlor 

42 118-74-1  Hexachlorobenzene (HCB) 

43  87-68-3  Hexachlorobutadiene (HCBD) 

44 608-73-1 

1,2,3,4,5, 6 
-hexachlorocyclohexane 
(HCH) 

45  58-89-9  Lindane 

46 2385-85-5  Mirex 

1 

- 

1 

10 

- 

10 

1 

1 

1 

1 

1 000 

1 000 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

47 

PCDD +PCDF (dioxins +furans)
(as Teq) 

0.001 

0.001 

0.001 

48 608-93-5  Pentachlorobenzene 

49  87-86-5  Pentachlorophenol (PCP) 

50 1336-36-3 

Polychlorinated biphenyls 
(PCBs) 

51 122-34-9  Simazine 

1 

10 

0.1 

- 

52 127-18-4  Tetrachloroethylene (PER)  

2 000 

53  56-23-5  Tetrachloromethane (TCM) 

54 2002-48-1 Trichlorobenzenes (TCBs)  

55  71-55-6  1,1,1-trichloroethane  

56  79-34-5  1,1,2,2-tetrachloroethane 

100 

10 

100 

50 

1 

1 

0.1 

1 

10 

1 

1 

- 

- 

57  79-01-6  Trichloroethylene  

2 000 

10 

1 

1 

0.1 

1 

- 

- 

- 

- 

- 

- 

EN 

30 

   EN 

 
 
 
 
 
 
 
 
 
Threshold for releases 
(column 1) 

No
. 

CAS 
number 

Pollutant 

to air 
(column 1a)

to water 
(column 1b) 

to land 
(column 1c)

kg/year 

kg/year 

kg/year 

58  67-66-3  Trichloromethane  

59 8001-35-2  Toxaphene 

60  75-01-4  Vinyl chloride  

61 120-12-7  Anthracene 

62  71-43-2  Benzene  

63 

64 

Brominated diphenylethers 
(PBDE) 

Nonylphenol ethoxylates 
(NP/NPEs) and related 
substances 

65 100-41-4  Ethyl benzene 

66  75-21-8  Ethylene oxide  

67 

34123-59-
6 

Isoproturon 

68  91-20-3  Naphthalene 

69 

Organotin compounds 
(as total Sn) 

70  117-81-7 

Di-(2-ethyl hexyl) phthalate 
(DEHP) 

71  108-95-2  Phenols (as total C) 

72 

Polycyclic aromatic 
hydrocarbons (PAHs)(3) 

73  108-88-3  Toluene 

74 

Tributyltin and compounds  

500 

1 

1 000 

50 

1 000 

- 

- 

- 

1 000 

- 

100 

- 

10 

- 

50 

- 

- 

10 

1 

10 

1 

- 

1 

10 

1 

200 
(as BTEX)(2) 

200 
(as BTEX)(2)

1 

1 

1 

1 

200 
as BTEX)(2) 

200 
(as BTEX)(2)

10 

1 

10 

50 

1 

20 

5 

10 

1 

10 

50 

1 

20 

5 

200 
(as BTEX)(2) 

200 
(as BTEX)(2)

1 

1 

EN 

31 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
No
. 

CAS 
number 

Pollutant 

to air 
(column 1a)

to water 
(column 1b) 

to land 
(column 1c)

Threshold for releases 
(column 1) 

75 

76 

Triphenyltin and compounds  

Total  organic  carbon  (TOC)  (as
total C or COD/3) 

77  1582-09-8 Trifluralin  

78  1330-20-7 Xylenes  

Chlorides (as total Cl) 

Chlorine 
compounds (as HCl) 

and 

inorganic

10 000 

81  1332-21-4 Asbestos 

Cyanides (as total CN) 

Fluorides (as total F) 

79 

80 

82 

83 

84 

kg/year 

kg/year 

kg/year 

- 

- 

- 

- 

- 

1 

50 000 

1 

1 

- 

1 

200 
(as BTEX)(2) 

200 
(as BTEX)(2)

2 million 

2 million 

- 

1 

50 

- 

1 

50 

2 000 

2 000 

1 

- 

- 

Fluorine 
compounds (as HF) 

and 

inorganic

5 000 

- 

- 

EN 

32 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
Threshold for releases 
(column 1) 

No
. 

CAS 
number 

Pollutant 

to air 
(column 1a)

to water 
(column 1b) 

to land 
(column 1c)

kg/year 

kg/year 

kg/year 

85 74-90-8  Hydrogen cyanide (HCN)  

200 

86  

Particulate matter (PM10) 

50 000 

87 1806-26-4  Octylphenols 

88 206-44-0  Fluoranthene 

89 465-73-6  Isodrin 

- 

- 

- 

- 

- 

1 

2 

1 

- 

- 

- 

- 

- 

90 36355-1-8  Hexabromobiphenyl 

0.1 

0.1 

0.1 

Footnotes: 

(1) 

(2) 

(3) 

A  hyphen  (-)  indicates  that  the  parameter  and  media  in  question  does  not  trigger  a  reporting 
requirement.  
Single pollutants are to be reported if the threshold for BTEX (the sum parameter of benzene, toluene, 
ethyl benzene, xylenes) is exceeded. 
Polycyclic  aromatic  hydrocarbons  (PAHs)  are  to  be  measured  for  reporting  of  releases  to  air  as 
benzo(a)pyrene  (50-32-8),  benzo(b)fluoranthene  (205-99-2),  benzo(k)fluoranthene  (207-08-9), 
indeno(1,2,3-cd)pyrene (193-39-5) (derived from the Protocol on Persistent Organic Pollutants to the 
Convention on Long-range Transboundary Air Pollution). For reporting of releases to water and land 
as well as for reporting of off-site transfers, in addition to those four single substances the substances 
Benzo-(g,h,i)perylene (191-24-2) and Fluoranthene (206-44-0) are to be included.  

EN 

33 

   EN 

 
 
 
 
 
 
 
FORMAT FOR THE REPORTING OF RELEASE AND TRANSFER DATA  

ANNEX III 

Identification of the facility 

Name of the parent company 
Name of the facility (operator) 
Identification number of facility 
Street address 
Town/village 
Postal code 
Country 
Coordinates of the location 
River basin district(1) 
NACE-code (4 digits) 
Main economic activity 
Production volume (optional) 
Number of installations (optional) 
Number of operating hours in year (optional) 
Number of employees (optional) 
Text  field  for  textual  information  or  website  address  delivered 
by facility or parent company (optional) 
All Annex I activities of the facility (according to the coding 
system given in Annex I and the IPPC code where available) 
Activity 1 (main Annex I activity) 
Activity 2  
Activity N 
Release  data  to  air  for  the  facility  for  each  pollutant 
exceeding threshold value (according to Annex II) 
Pollutant 1 
Pollutant 2 
Pollutant N 
Release  data  to  water  for  the  facility  for  each  pollutant 
exceeding threshold value (according to Annex II) 
Pollutant 1 
Pollutant 2 
Pollutant N 

M: measured; Analytical Method used 
C: calculated; Calculation Method used 
E: estimated 

M: measured; Analytical Method used 
C: calculated; Calculation Method used 
E: estimated 

M: measured; Analytical Method used 
C: calculated; Calculation Method used 
E: estimated 

Release  data  to  land  for  the  facility  for  each  pollutant 
exceeding threshold value (according to Annex II) 
Pollutant 1 
Pollutant 2 
Pollutant N 
Off-site  transfer  of  each  pollutant  destined  for  waste-water 
treatment in quantities exceeding threshold value (according 
to Annex II) 
Pollutant 1 
Pollutant 2 
Pollutant N 

M: measured; Analytical Method used 
C: calculated; Calculation Method used 
E: estimated 

Releases to air 

in kg/year 

Releases to water 

in kg/year 

Releases to land 

in kg/year 

in kg/year 

EN 

34 

   EN 

 
 
 
 
 
 
 
Off-site  transfers  of  hazardous  waste  for  the  facility  exceeding  threshold  value 
(according to Article 5) 

Within the country : 
For Recovery (R) 
For Disposal (D) 

To other countries:  
For Recovery (R) 
Name of the recoverer 
Address of the recoverer 
Address of actual recovery site receiving 
the transfer 

To other countries: 
For Disposal (D)  
Name of the disposer  
Address of the disposer 
Address  of  actual  disposal  site  receiving 
the transfer 

in tonnes/year 

in tonnes/year 

in tonnes/year 

in tonnes/year 

Off-site  transfer  of  non-hazardous  waste  for  the  facility  exceeding  threshold 
value (according to Article 5) 

For Recovery (R)  

For Disposal (D) 

in tonnes/year  

in tonnes/year 

Competent  authority  for  requests  of 
the public: 
Name 
Street address 
Town/village 
Telephone No 
Fax No 
E-mail address 

(1) 

According to Article 3(1) of Directive 2000/60/EC of 23 October 2000 establishing a framework for 
Community action in the field of water policy27. 

27 

OJ L 327, 22.12.2000, p. 1. 

EN 

35 

   EN