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   (Text with EEA relevance)
Date: 2006-01-18
Institutions: Council of the European Union, European Parliament
Subjects: access to information, atmospheric pollutant, data recording, database, disclosure of information, export of waste, hazardous waste, public awareness campaign, waste management

4.2.2006

EN

Official Journal of the European Union

L 33/1

I

(Acts whose publication is obligatory)

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

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EURO-
PEAN UNION,

Having regard to the Treaty establishing the European Commu-
nity, and in particular Article 175(1) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and
Social Committee (1),

After consulting the Committee of the Regions,

Acting in accordance with the procedure laid down in Article 251
of the Treaty (2),

Whereas:

(1)

(2)

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

The UNECE Convention on Access to Information, Public
Participation in Decision-making and Access to Justice in
Environmental Matters (hereinafter ‘the Aarhus Conven-
tion’), signed by the European Community on 25 June
1998, recognises that increased public access to environ-
mental information and the dissemination of such infor-
mation contribute to a greater awareness of environmental
matters, a free exchange of views, more effective participa-
tion by the public in environmental decision-making and,
eventually, to a better environment.

(3)

Pollutant release and transfer registers (hereinafter ‘PRTRs’)
are a cost-effective tool for encouraging improvements in
environmental performance, for providing public access

(1) Opinion of 6 April 2005 (not yet published in the Official Journal).
(2) Opinion of the European Parliament of 6 July 2005 (not yet published
in the Official Journal) and Decision of the Council of 2 December
2005.

to information on releases of pollutants and off-site trans-
fers of pollutants and waste, and for use in tracking trends,
demonstrating progress in pollution reduction, monitor-
ing compliance with certain international agreements, set-
ting priorities and evaluating progress achieved through
Community and national environmental policies and
programmes.

An integrated and coherent PRTR gives the public, indus-
try, 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
UNECE Protocol on Pollutant Release and Transfer Regis-
ters (hereinafter ‘the Protocol’). Provisions of Community
law should 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/EC (4).
The 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 com-
parability of data. In accordance with the 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 infor-
mation in a reasonable time.

(4)

(5)

(6)

(7)

(3) OJ L 242, 10.9.2002, p. 1.

(4) OJ L 192, 28.7.2000, p. 36.

L 33/2

EN

Official Journal of the European Union

4.2.2006

(8)

(9)

(10)

(11)

In order to further promote the objective of supporting the
provision of accessible information to citizens on the state
and trends of the environment as well as the general rais-
ing of environmental awareness, the European PRTR
should contain links to other similar databases in Member
States, non-Member States and international organisations.

In accordance with the Protocol, the European PRTR
should also contain information on specific waste disposal
operations, to be reported as releases to land; recovery
operations such as sludge and manure spreading are not
reported under this category.

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.

Reporting of releases from industrial facilities, although
not yet always consistent, complete and comparable, is a
well established procedure in many Member States. Where
appropriate, 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.

(12) Data reported by the Member States should be of high
quality in particular as regards their completeness, consis-
tency and credibility. It is of great importance to coordi-
nate future efforts of both operators and Member States
to improve the quality of the reported data. The Commis-
sion will therefore initiate work, together with the Mem-
ber States, on quality assurance.

(13)

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

(14) 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 Com-
munity legislation.

(16)

(17)

(18)

(19)

(20)

(21)

In order to enhance the usefulness and impact of the Euro-
pean PRTR, the Commission and the Member States should
cooperate in developing guidance supporting the imple-
mentation of the European PRTR, in promoting awareness
of the public and in providing appropriate and timely tech-
nical assistance.

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 con-
ferred on the Commission (1).

Since the objective 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 suffi-
ciently achieved by the Member States, because 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 accor-
dance with the principle of proportionality as set out in
that Article, this Regulation does not go beyond what is
necessary in order to achieve that objective.

In order to simplify and streamline reporting requirements,
Council Directive 91/689/EEC of 12 December 1991 on
hazardous waste (2) and Council Directive 96/61/EC of
24 September 1996 concerning integrated pollution pre-
vention and control (3) should be amended.

The European PRTR aims, among other things, at inform-
ing the public about important pollutant emissions due, in
particular, to activities covered by Directive 96/61/EC.
Consequently, under this Regulation, information should
be provided to the public on emissions from installations
covered by Annex I of that Directive.

To reduce duplicate reporting, pollutant release and trans-
fer register systems may, under the Protocol, be integrated
to the degree practicable with existing information sources
such as reporting mechanisms under licences or operating
permits. In accordance with the Protocol, the provisions of
this Regulation should not affect the right of the Member
States to maintain or introduce a more extensive or more
publicly accessible pollutant release and transfer register
than required under the Protocol,

(15)

In accordance with the Aarhus Convention, public partici-
pation should be ensured in the further development of the
European PRTR by early and effective opportunities to
submit comments, information, analysis or relevant opin-
ions 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.

(1) OJ L 184, 17.7.1999, p. 23.
(2) OJ L 377, 31.12.1991, p. 20. Directive as amended by Directive

94/31/EC (OJ L 168, 2.7.1994, p. 28).

(3) OJ L 257, 10.10.1996, p. 26. Directive as last amended by Regulation
(EC) No 1882/2003 of the European Parliament and of the Council
(OJ L 284, 31.10.2003, p. 1).

4.2.2006

EN

Official Journal of the European Union

L 33/3

HAVE ADOPTED THIS REGULATION:

Article 1

Subject matter

This Regulation establishes an integrated pollutant release and
transfer register at Community level (hereinafter ‘the European
PRTR’) in the form of a publicly accessible electronic database and
lays down rules for its functioning, in order to implement the
UNECE Protocol on Pollutant Release and Transfer Registers
(hereinafter ‘the Protocol’) and facilitate public participation in
environmental decision-making, as well as contributing to the
prevention and reduction of pollution of the environment.

Article 2

Definitions

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

(1)

(2)

(3)

‘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, desig-
nated by the Member States;

‘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;

(9)

‘pollutant’ means a substance or a group of substances that
may be harmful to the environment or to human health on
account of its properties and of its introduction into the
environment;

(10) ‘release’ means any introduction of pollutants into the envi-
ronment as a result of any human activity, whether deliber-
ate or accidental, routine or non-routine, including spilling,
emitting, discharging, injecting, disposing or dumping, or
through sewer systems without final waste-water treatment;

(11) ‘off-site transfer’ means the movement beyond the bound-
aries of a facility of waste destined for recovery or disposal
and of pollutants in waste water destined for waste-water
treatment;

(12) ‘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;

(13) ‘waste’ means any substance or object as defined in
Article 1(a) of Council Directive 75/442/EEC of 15 July
1975 on waste (1);

(14) ‘hazardous waste’ means any substance or object as defined

in Article 1(4) of Directive 91/689/EEC;

(15) ‘waste water’ means urban, domestic and industrial waste
water, as defined in Article 2(1), (2) and (3) of Council Direc-
tive 91/271/EEC of 21 May 1991 concerning urban waste
water treatment (2), and any other used water which is sub-
ject, because of the substances or objects it contains, to regu-
lation by Community law;

(16) ‘disposal’ means any of the operations provided for in

Annex IIA to Directive 75/442/EEC;

(4)

‘facility’ means one or more installations on the same site
that are operated by the same natural or legal person;

(17) ‘recovery’ means any of the operations provided for in

Annex IIB to Directive 75/442/EEC.

(5)

‘site’ means the geographical location of the facility;

(6)

‘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;

(7)

‘reporting year’ means the calendar year for which data on
releases of pollutants and off-site transfers must be gathered;

Article 3

Content of the European PRTR

The European PRTR shall include information on:

(a)

releases of 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;

(8)

‘substance’ means any chemical element and its compounds,
with the exception of radioactive substances;

(2) OJ L 135, 30.5.1991, p. 40. Directive as last amended by Regulation

(EC) No 1882/2003.

(1) OJ L 194, 25.7.1975, p. 39. Directive as last amended by Regulation

(EC) No 1882/2003.

L 33/4

EN

Official Journal of the European Union

4.2.2006

(b) off-site transfers of waste referred to in Article 5(1)(b) and of
pollutants in waste water 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)

facilities’ websites if they exist and links are volunteered by
the facilities.

(c)

releases of pollutants from diffuse sources referred to in
Article 8(1), where available.

Article 5

Reporting by operators

Article 4

Design and structure

1.
The Commission shall publish the European PRTR, present-
ing the data in both aggregated and non-aggregated forms, so that
releases and transfers can be searched for and identified by:

1.
The operator of each facility that undertakes one or more of
the activities specified in Annex I above the applicable capacity
thresholds specified therein shall report the amounts annually
to its competent authority, along with an indication of whether
the information is based on measurement, calculation or estima-
tion, of the following:

(a)

facility, including the facility’s parent company where appli-
cable, and its geographical location, including the river basin;

(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) activity;

(c) occurrence at Member State or Community level;

(d) pollutant or waste, as appropriate;

(e)

each environmental medium (air, water, land) into which the
pollutant is released;

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

appropriate;

(g) off-site transfers of pollutants in waste water;

(h) diffuse sources;

(i)

facility owner or operator.

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 readily accessible on the Inter-
net and by 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, up to at least the last
ten previous reporting years.

3.

The European PRTR shall include links to the following:

(a)

the national PRTRs of Member States;

(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 or disposal with the
exception of the disposal operations of land treatment and
deep injection referred to in Article 6, indicating with ‘R’ or
‘D’ respectively 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.

The operator of each facility that undertakes one or more of the
activities specified in Annex I above the applicable capacity
thresholds specified therein shall communicate to its competent
authority the information identifying the facility in accordance
with Annex III unless that information is already available to the
competent authority.

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

The releases referred to in Annex II reported under point (a) of
this paragraph shall include all releases from all sources included
in Annex I at the site of the facility.

(b) other relevant existing, publicly accessible databases on sub-
ject matters related to PRTRs, including national PRTRs of
other Parties to the Protocol and, where feasible, those of
other countries;

2.
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.

4.2.2006

EN

Official Journal of the European Union

L 33/5

In providing this information operators shall specify, where avail-
able, any data that relate to accidental releases.

(b)

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

3.
The operator of each facility shall collect with appropriate
frequency the information needed to determine which of the
facility’s releases and off-site transfers are subject to reporting
requirements under paragraph 1.

4. When preparing the report, the operator concerned shall
use the best available information, which may include monitor-
ing data, emission factors, mass balance equations, indirect moni-
toring or other calculations, engineering judgements and other
methods in line with Article 9(1) and in accordance with interna-
tionally approved methodologies, where these are available.

5.
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 five 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

Article 8

Releases from diffuse sources

The Commission, assisted by the European Environment
1.
Agency, shall include in the European PRTR information on
releases from diffuse sources where such information exists and
has already been reported by the Member States.

2.
The information referred to in paragraph 1 shall be organ-
ised such as to allow users to search for and identify releases of
pollutants from diffuse sources according to an adequate geo-
graphical disaggregation and shall include information on the
type of methodology used to derive the information.

3. Where the Commission determines that no data on the
releases from diffuse sources exist, it shall take measures to ini-
tiate reporting on releases of relevant pollutants from one or more
diffuse sources in accordance with the procedure referred to in
Article 19(2), using internationally approved methodologies
where appropriate.

Waste which is subject to ‘land treatment’ or ‘deep injection’ dis-
posal operations, as specified in Annex IIA to Directive
75/442/EEC, shall be reported as a release to land only by the
operator of the facility originating the waste.

Article 9

Quality assurance and assessment

Article 7

Reporting by Member States

1.
The operator of each facility subject to the reporting require-
ments set out in Article 5 shall assure the quality of the informa-
tion that they report.

1.
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 the data referred to in
Article 5(1) and (2) and the information referred to in Article 5(3),
(4) and (5) to its competent authority.

2.
The competent authorities shall assess the quality of the data
provided by the operators of the facilities referred to in para-
graph 1,
in particular as to their completeness, consistency
and credibility.

2. Member States shall provide all the data referred to in
Article 5(1) and (2) to the Commission by electronic transfer in
the format set out in Annex III and within the following
time-limits:

3.
The Commission shall coordinate work on quality assur-
ance and quality assessment in consultation with the Committee
referred to in Article 19(1).

(a)

for the first reporting year, within 18 months after the end
of the reporting year;

(b)

for all reporting years thereafter, within 15 months after the
end of the reporting year.

4.
The Commission may adopt guidelines for the monitoring
and reporting of emissions in accordance with the procedure
referred to in Article 19(2). These guidelines shall be in accor-
dance with internationally approved methodologies, where
appropriate, and shall be consistent with other Community
legislation.

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 Mem-
ber States into the European PRTR within the following
time-limits:

(a)

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

Article 10

Access to information

1.
The Commission, assisted by the European Environment
Agency, shall make the European PRTR publicly accessible by dis-
semination free of charge on the Internet in accordance with the
timeframe set out in Article 7(3).

L 33/6

EN

Official Journal of the European Union

4.2.2006

2. Where the information contained in the European PRTR is
not easily accessible to the public by direct electronic means, the
Member State concerned and the Commission shall facilitate elec-
tronic 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 Council of 28 January 2003 on public
access to environmental information (1), the Member State shall,
in its report under Article 7(2) of this Regulation for the report-
ing year concerned, indicate separately for each facility claiming
confidentiality the type of information that has been withheld and
the reason for which 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 prepa-
ration of amendments to this Regulation.

2.
The public shall have the opportunity to submit any rel-
evant comments, information, analyses or opinions within a rea-
sonable timeframe.

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

the outcome of

3.
shall
participation.

Article 13

Access to justice

Access to justice in matters relating to public access to environ-
mental information shall be ensured in accordance with Article 6
of Directive 2003/4/EC and, where the institutions of the Com-
munity are involved, in accordance with Articles 6, 7 and 8 of
Regulation (EC) No 1049/2001 of the European Parliament and
of the Council of 30 May 2001 regarding public access to Euro-
pean Parliament, Council and Commission documents (2).

Article 14

Guidance document

1.
The Commission shall draw up a guidance document sup-
porting the implementation of the European PRTR as soon as
possible but no later than four months before the beginning of
the first reporting year and in consultation with the Committee
referred to in Article 19(1).

The guidance document for implementation of the Euro-

2.
pean PRTR shall address in particular details on the following:

(a)

reporting procedures;

(b)

the data to be reported;

(c) quality assurance and assessment;

(d)

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

(e)

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

(f)

indication of parent companies;

(g) coding of activities according to Annex I to this Regulation

and to 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 assis-
tance is provided in accessing the European PRTR and in under-
standing and using the information contained in it.

Article 16

Additional information to be reported by the Member
States

1. Member States shall, in a single report based on the infor-
mation 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 and assessment according to Article 9;

(c) access to information according to Article 10(2);

(d) awareness raising activities according to Article 15;

(e)

confidentiality of information according to Article 11;

(1) OJ L 41, 14.2.2003, p. 26.
(2) OJ L 145, 31.5.2001, p. 43.

(f) penalties provided for according to Article 20 and experience

with their application.

4.2.2006

EN

Official Journal of the European Union

L 33/7

To facilitate the reporting by Member States referred to in
2.
paragraph 1 the Commission shall submit a proposal for a ques-
tionnaire, which shall be adopted in accordance with the proce-
dure referred to in Article 19(2).

Article 17

Review by the Commission

1.
The Commission shall review the information provided by
Member States according to Article 7 and after consultation with
the Member States 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.

2.
This report shall be submitted to the European Parliament
and the Council, together with an assessment of the operation of
the European PRTR.

Article 18

Amendments to the Annexes

Any amendment necessary for adapting:

Article 19

Committee Procedure

1.

The Commission shall be assisted by a committee.

2. Where reference is made to this paragraph, Articles 5 and 7
of Decision 1999/468/EC shall apply, having regard to the pro-
visions of Article 8 thereof.

The period provided for in Article 5(6) of Decision 1999/468/EC
shall be set at three months.

Article 20

Penalties

1. Member States shall lay down the rules on penalties appli-
cable to infringements of the provisions of this Regulation and
shall take all measures necessary to ensure that they are imple-
mented. The penalties provided for must be effective, proportion-
ate and dissuasive.

2.
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

(a) Annexes II or III to this Regulation to scientific or technical

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

progress,

or

1.

2.

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

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

(b) Annexes II and III to this Regulation as a result of the adop-
tion by the Meeting of the Parties to the Protocol of any
amendment to the Annexes to the Protocol,

Article 22

Entry into force

shall be adopted in accordance with the procedure referred to in
Article 19(2).

This Regulation shall enter into force on the twentieth day fol-
lowing that of 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 Strasbourg, 18 January 2006.

For the European Parliament
The President
J. BORRELL FONTELLES

For the Council
The President
H. WINKLER

L 33/8

EN

Official Journal of the European Union

4.2.2006

ANNEX I

Activities

Activity

Capacity threshold

Energy sector

Mineral oil and gas refineries

Installations for gasification and liquefaction

* (1)

*

Thermal power stations and other combustion installations

With a heat input of 50 megawatts (MW)

Coke ovens

Coal rolling mills

*

With a capacity of 1 tonne per hour

Installations for the manufacture of coal products and solid
smokeless fuel

Production and processing of metals

Metal ore (including sulphide ore)
installations

roasting or sintering

Installations for the production of pig iron or steel (primary or
secondary melting) including continuous casting

Installations for the processing of ferrous metals:

(i) Hot-rolling mills

(ii) Smitheries with hammers

(iii) Application of protective fused metal coats

Ferrous metal foundries

Installations:

*

*

With a capacity of 2,5 tonnes per hour

With a capacity of 20 tonnes of crude steel
per hour

With an energy of 50 kilojoules per ham-
mer, where the calorific power used exceeds
20 MW

With an input of 2 tonnes of crude steel per
hour

With a production capacity of 20 tonnes
per day

(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
including recovered products (refining, foundry

metals,
casting, etc.)

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

Installations for surface treatment of metals and plastic materi-
als using an electrolytic or chemical process

Where the volume of the treatment vats
equals 30 m3

Mineral industry

Underground mining and related operations

*

Opencast mining and quarrying

No

1.

(a)

(b)

(c)

(d)

(e)

(f)

2.

(a)

(b)

(c)

(d)

(e)

(f)

3.

(a)

(b)

(c)

Installations for the production of:

(i) Cement clinker in rotary kilns

(ii) Lime in rotary kilns

(iii) Cement clinker or lime in other furnaces

(d)

Installations for the production of asbestos and the manufac-
ture of asbestos-based products

*

Where the surface of the area effectively
under extractive operation equals 25 hect-
ares

With a production capacity of 500 tonnes
per day

With a production capacity of 50 tonnes
per day

With a production capacity of 50 tonnes
per day

4.2.2006

EN

Official Journal of the European Union

L 33/9

Activity

Capacity threshold

Installations for the manufacture of glass, including glass fibre With a melting capacity of 20 tonnes per

day

Installations for melting mineral substances,
production of mineral fibres

including the

With a melting capacity of 20 tonnes per
day

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

With a 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

No

(e)

(f)

(g)

4.

(a)

Chemical industry

Chemical installations for the production on an industrial scale
of basic organic chemicals, such as:

(i)

Simple hydrocarbons (linear or cyclic, saturated or unsat-
urated, aliphatic or aromatic)

(ii) Oxygen-containing hydrocarbons such as alcohols, alde-
hydes, ketones, carboxylic acids, esters, acetates, ethers,
peroxides, epoxy resins

(iii)

Sulphurous hydrocarbons

(iv) Nitrogenous hydrocarbons such as amines, amides,
nitrous compounds, nitro compounds or nitrate com-
pounds, nitriles, cyanates, isocyanates

(v)

Phosphorus-containing hydrocarbons

(vi) Halogenic hydrocarbons

(vii) Organometallic compounds

(viii) Basic plastic materials (polymers, synthetic fibres and cel-

lulose-based fibres)

(ix)

Synthetic rubbers

(x) Dyes and pigments

(xi)

Surface-active agents and surfactants

(b)

Chemical installations for the production on an industrial scale
of basic inorganic chemicals, such as:

(i) Gases, such as ammonia, chlorine or hydrogen chloride,
fluorine or hydrogen fluoride, carbon oxides, sulphur com-
pounds, nitrogen oxides, hydrogen, sulphur dioxide, car-
bonyl chloride

(ii) Acids, such as chromic acid, hydrofluoric acid, phospho-
ric acid, nitric acid, hydrochloric acid, sulphuric acid,
oleum, sulphurous acids

(iii) Bases, such as ammonium hydroxide, potassium hydrox-

ide, sodium hydroxide

(iv) Salts, such as ammonium chloride, potassium chlorate,
potassium carbonate, sodium carbonate, perborate, silver
nitrate

(v) Non-metals, metal oxides or other inorganic compounds

such as calcium carbide, silicon, silicon carbide

*

*

L 33/10

EN

Official Journal of the European Union

4.2.2006

No

(c)

(d)

(e)

(f)

5.

(a)

(b)

(c)

(d)

(e)

Activity

Capacity threshold

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

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

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

Installations for the production on an industrial scale of
explosives and pyrotechnic products

Waste and wastewater management

*

*

*

*

Installations for the recovery or disposal of hazardous waste

Receiving 10 tonnes per day

Installations for the incineration of non-hazardous waste in the
scope of Directive 2000/76/EC of the European Parliament and
of the Council of 4 December 2000 on the incineration of
waste (2)

With a capacity of 3 tonnes per hour

Installations for the disposal of non-hazardous waste

With a capacity of 50 tonnes per day

Landfills (excluding landfills of inert waste and landfills, which
were definitely closed before 16.7.2001 or for which the
after-care phase required by the competent authorities
according to Article 13 of Council Directive 1999/31/EC of
26 April 1999 on the landfill of waste (3) has expired)

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

Installations for the disposal or recycling of animal carcasses and
animal waste

With a treatment capacity of 10 tonnes per
day

(f)

Urban waste-water treatment plants

With a capacity of 100 000 population
equivalents

(g)

6.

(a)

(b)

(c)

7.

(a)

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

With a capacity of 10 000 m3 per day (4)

Paper and wood production and processing

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

*

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

With a production capacity of 20 tonnes per
day

Industrial plants for the preservation of wood and wood
products with chemicals

With a production capacity of 50 m3 per
day

Intensive livestock production and aquaculture

Installations for the intensive rearing of poultry or pigs

(i) With 40 000 places for poultry

(b)

Intensive aquaculture

(ii) With 2 000 places for production pigs

(over 30 kg)

(iii) With 750 places for sows

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

4.2.2006

EN

Official Journal of the European Union

L 33/11

Activity

Capacity threshold

No

8.

(a)

(b)

Animal and vegetable products from the food and beverage
sector

Slaughterhouses

Treatment and processing intended for the production of food
and beverage products from:

(i) Animal raw materials (other than milk)

(ii) Vegetable raw materials

(c)

Treatment and processing of milk

With a carcass production capacity of
50 tonnes per day

With a finished product production capac-
ity of 75 tonnes per day

With a finished product production capac-
ity of 300 tonnes per day (average value on
a quarterly basis)

With a capacity to receive 200 tonnes of
milk per day (average value on an annual
basis)

9.

(a)

(b)

(c)

(d)

(e)

Other activities

Plants for the pre-treatment (operations such as washing,
bleaching, mercerisation) or dyeing of fibres or textiles

With a treatment capacity of 10 tonnes per
day

Plants for the tanning of hides and skins

Installations for the surface treatment of substances, objects or
products using organic solvents, in particular for dressing, print-
ing, coating, degreasing, waterproofing, sizing, painting, clean-
ing or impregnating

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

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

*

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).
(2) OJ L 332, 28.12.2000, p. 91.
(3) OJ L 182, 16.7.1999, p. 1. Directive as amended by Regulation (EC) No 1882/2003.
(4) The capacity threshold shall be reviewed by 2010 at the latest in the light of the results of the first reporting cycle.

L 33/12

EN

Official Journal of the European Union

4.2.2006

ANNEX II

Pollutants (*)

No

CAS number

Pollutant (1)

74-82-8

630-08-0

124-38-9

Methane (CH4)

Carbon monoxide (CO)

Carbon dioxide (CO2)

Hydro-fluorocarbons (HFCs) (3)

10024-97-2

Nitrous oxide (N2O)

7664-41-7

Ammonia (NH3)

Non-methane volatile organic
compounds (NMVOC)

Nitrogen oxides (NOx/NO2)

Perfluorocarbons (PFCs) (4)

2551-62-4

Sulphur hexafluoride (SF6)

to air
(column 1a)
kg/year

100 000

500 000

100 million

100

10 000

10 000

100 000

100 000

100

50

Sulphur oxides (SOx/SO2)

150 000

Total nitrogen

Total phosphorus

Hydrochlorofluorocarbons
(HCFCs) (5)

Chlorofluorocarbons (CFCs) (6)

Halons (7)

Arsenic and compounds (as
As) (8)

Cadmium and compounds (as
Cd) (8)

Chromium and compounds (as
Cr) (8)

Copper and compounds (as
Cu) (8)

Mercury and compounds (as
Hg) (8)

Nickel and compounds (as Ni) (8)

Lead and compounds (as Pb) (8)

Zinc and compounds (as Zn) (8)

15972-60-8

Alachlor

309-00-2

Aldrin

1912-24-9

Atrazine

57-74-9

Chlordane

—

—

1

1

1

20

10

100

100

10

50

200

200

—

1

—

1

Threshold for releases
(column 1)

to water
(column 1b)
kg/year

— (2)

—

—

—

—

—

—

—

—

—

—

to land
(column 1c)
kg/year

—

—

—

—

—

—

—

—

—

—

—

50 000

5 000

50 000

5 000

—

—

—

5

5

50

50

1

20

20

—

—

—

5

5

50

50

1

20

20

100

100

1

1

1

1

1

1

1

1

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

(*) Releases of pollutants falling into several categories of pollutants shall be reported for each of these categories.

4.2.2006

EN

Official Journal of the European Union

L 33/13

No

CAS number

Pollutant (1)

Threshold for releases
(column 1)

to air
(column 1a)
kg/year

to water
(column 1b)
kg/year

to land
(column 1c)
kg/year

29

30

31

32

33

34

35

36

37

38

39

40

41

42

43

44

45

46

47

48

49

50

51

52

53

54

55

56

57

58

59

60

61

143-50-0

Chlordecone

470-90-6

Chlorfenvinphos

85535-84-8

Chloro-alkanes, C10-C13

2921-88-2

Chlorpyrifos

50-29-3

DDT

107-06-2

1,2-dichloroethane (EDC)

75-09-2

60-57-1

Dichloromethane (DCM)

Dieldrin

330-54-1

Diuron

115-29-7

Endosulphan

72-20-8

Endrin

Halogenated organic compounds
(as AOX) (9)

76-44-8

Heptachlor

118-74-1

Hexachlorobenzene (HCB)

87-68-3

Hexachlorobutadiene (HCBD)

608-73-1

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

58-89-9

Lindane

2385-85-5

Mirex

1

—

—

—

1

1 000

1 000

1

—

—

1

—

1

10

—

10

1

1

1

1

1

1

1

10

10

1

1

1

1

1

1

1

1

1

10

10

1

1

1

1

1 000

1 000

1

1

1

1

1

1

1

1

1

1

1

1

PCDD + PCDF (dioxins + furans)
(as Teq) (10)

0,0001

0,0001

0,0001

608-93-5

Pentachlorobenzene

87-86-5

Pentachlorophenol (PCP)

1336-36-3

Polychlorinated biphenyls (PCBs)

122-34-9

Simazine

1

10

0,1

—

127-18-4

Tetrachloroethylene (PER)

2 000

56-23-5

Tetrachloromethane (TCM)

12002-48-1

Trichlorobenzenes (TCBs) (all
isomers)

71-55-6

79-34-5

79-01-6

67-66-3

1,1,1-trichloroethane

1,1,2,2-tetrachloroethane

Trichloroethylene

Trichloromethane

8001-35-2

Toxaphene

75-01-4

Vinyl chloride

120-12-7

Anthracene

100

10

100

50

2 000

500

1

1 000

50

1

1

0,1

1

10

1

1

—

—

10

10

1

10

1

1

1

0,1

1

—

—

—

—

—

—

—

1

10

1

L 33/14

EN

Official Journal of the European Union

4.2.2006

No

CAS number

Pollutant (1)

62

71-43-2

Benzene

Threshold for releases
(column 1)

to air
(column 1a)
kg/year

to water
(column 1b)
kg/year

to land
(column 1c)
kg/year

1 000

200
(as BTEX) (11)

200
(as BTEX) (11)

63

64

65

66

67

68

69

70

71

72

73

74

75

76

77

78

79

80

81

82

83

84

85

86

87

Brominated diphenylethers
(PBDE) (12)

Nonylphenol and Nonylphenol
ethoxylates (NP/NPEs)

100-41-4

Ethyl benzene

75-21-8

Ethylene oxide

34123-59-6

Isoproturon

91-20-3

Naphthalene

Organotin compounds(as total
Sn)

117-81-7

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

108-95-2

Phenols (as total C) (13)

Polycyclic aromatic hydrocarbons
(PAHs) (14)

108-88-3

Toluene

Tributyltin and compounds (15)

Triphenyltin and compounds (16)

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

1582-09-8

Trifluralin

1330-20-7

Xylenes (17)

Chlorides (as total Cl)

—

—

—

1 000

—

100

—

10

—

50

—

—

—

—

—

—

—

Chlorine and inorganic com-
pounds (as HCl)

10 000

1332-21-4

Asbestos

Cyanides (as total CN)

Fluorides (as total F)

Fluorine and inorganic com-
pounds (as HF)

74-90-8

Hydrogen cyanide (HCN)

Particulate matter (PM10)

1806-26-4

Octylphenols and Octylphenol
ethoxylates

1

—

—

5 000

200

50 000

—

1

1

1

1

200
(as BTEX) (11)

200
(as BTEX) (11)

10

1

10

50

1

20

5

10

1

10

50

1

20

5

200
(as BTEX) (11)

200

(as BTEX) (11)

1

1

50 000

1

1

1

—

1

200
(as BTEX) (11)

200

(as BTEX) (11)

2 million

2 million

—

1

50

—

1

50

2 000

2 000

—

—

—

1

—

—

—

—

4.2.2006

EN

Official Journal of the European Union

L 33/15

No

CAS number

Pollutant (1)

88

89

90

91

206-44-0

465-73-6

Fluoranthene

Isodrin

36355-1-8

Hexabromobiphenyl

191-24-2

Benzo(g,h,i)perylene

Threshold for releases
(column 1)

to air
(column 1a)
kg/year

to water
(column 1b)
kg/year

to land
(column 1c)
kg/year

—

—

0,1

1

1

0,1

1

—

—

0,1

(1) Unless otherwise specified any pollutant specified in Annex II shall be reported as the total mass of that pollutant or, where the pollutant

is a group of substances, as the total mass of the group.

(2) A hyphen (—) indicates that the parameter and medium in question do not trigger a reporting requirement.
(3) Total mass of hydrogen fluorocarbons: sum of HFC23, HFC32, HFC41, HFC4310mee, HFC125, HFC134, HFC134a, HFC152a, HFC143,

HFC143a, HFC227ea, HFC236fa, HFC245ca, HFC365mfc.

(4) Total mass of perfluorocarbons: sum of CF4, C2F6, C3F8, C4F10, c-C4F8, C5F12, C6F14.
(5) Total mass of substances including their isomers listed in Group VIII of Annex I to Regulation (EC) No 2037/2000 of the European Par-
liament and of the Council of 29 June 2000 on substances that deplete the ozone layer (OJ L 244, 29.9.2000, p. 1). Regulation as amended
by Regulation (EC) No 1804/2003 (OJ L 265, 16.10.2003, p. 1).

(6) Total mass of substances including their isomers listed in Group I and II of Annex I to Regulation (EC) No 2037/2000.
(7) Total mass of substances including their isomers listed in Group III and VI of Annex I to Regulation (EC) No 2037/2000.
(8) All metals shall be reported as the total mass of the element in all chemical forms present in the release.
(9) Halogenated organic compounds which can be adsorbed to activated carbon expressed as chloride.
(10) Expressed as I-TEQ.
(11) Single pollutants are to be reported if the threshold for BTEX (the sum parameter of benzene, toluene, ethyl benzene, xylenes) is exceeded.
(12) Total mass of the following brominated diphenylethers: penta-BDE, octa-BDE and deca-BDE.
(13) Total mass of phenol and simple substituted phenols expressed as total carbon.
(14) Polycyclic aromatic hydrocarbons (PAHs) are to be measured for reporting of releases to air as benzo(a)pyrene (50-32-8), benzo(b)fluo-
ranthene (205-99-2), benzo(k)fluoranthene (207-08-9), indeno(1,2,3-cd)pyrene (193-39-5) (derived from Regulation (EC) No 850/2004
of the European Parliament and of the Council of 29 April 2004 on persistent organic pollutants (OJ L 229, 29.6.2004, p. 5)).

(15) Total mass of tributyltin compounds, expressed as mass of tributyltin.
(16) Total mass of triphenyltin compounds, expressed as mass of triphenyltin.
(17) Total mass of xylene (ortho-xylene, meta-xylene, para-xylene).

L 33/16

EN

Official Journal of the European Union

4.2.2006

ANNEX III

Format for the reporting of release and transfer data by Member States to the
Commission

Reference year

Identification of the facility

Name of the parent company

Name of the facility

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)

Releases to air

Pollutant 1

Pollutant 2

Pollutant N

M: measured; Analytical Method used

C: calculated; Calculation Method used

E: estimated

T: Total

in kg/year

A: accidental

in kg/year

Release data to water for the facility for each pollutant exceeding threshold
value (according to Annex II)

Releases to water

Pollutant 1

Pollutant 2

Pollutant N

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

M: measured; Analytical Method used

C: calculated; Calculation Method used

E: estimated

T: Total

in kg/year

A: accidental

in kg/year

Releases to land

T: Total

in kg/year

A: accidental

in kg/year

4.2.2006

EN

Official Journal of the European Union

L 33/17

Off-site transfer of each pollutant destined for waste-water treatment in quan-
tities exceeding threshold value (according to Annex II)

Pollutant 1

Pollutant 2

Pollutant N

M: measured; Analytical Method used

in kg/year

C: calculated; Calculation Method used

E: estimated

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

Within the country:

M: measured; Analytical Method used

in tonnes/year

For Recovery (R)

C: calculated; Calculation Method used

E: estimated

Within the country:

M: measured; Analytical Method used

in tonnes/year

For Disposal (D)

C: calculated; Calculation Method used

E: estimated

To other countries:

M: measured; Analytical Method used

in tonnes/year

For Recovery (R)

C: calculated; Calculation Method used

Name of the recoverer

E: estimated

Address of the recoverer

Address of actual recovery
site receiving the transfer

To other countries:

M: measured; Analytical Method used

in tonnes/year

For Disposal (D)

C: calculated; Calculation Method used

Name of the disposer

E: estimated

Address of the disposer

Address of actual disposal
site receiving the transfer

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

For Recovery (R)

M: measured; Analytical Method used

in tonnes/year

C: calculated; Calculation Method used

E: estimated

For Disposal (D)

M: measured; Analytical Method used

in tonnes/year

C: calculated; Calculation Method used

E: estimated

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 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). Directive as amended by Decision
No 2455/2001/EC (OJ L 331, 15.12.2001, p. 1).