REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the exercise of the power to adopt delegated acts conferred on the Commission pursuant to Regulation (EC) No 166/2006 concerning the establishment of a European Pollutant Release and Transfer Register and amending Council Directives 91/689/EEC and 96/61/EC
Date: 2023-06-09
Institutions: Directorate-General for Environment, European Commission
Subjects: European Commission, data collection, delegated legislation, disclosure of information, environmental monitoring, exchange of information, industrial pollution, powers of the institutions (EU), transfer of competence, waste management

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 9.6.2023  COM(2023) 301 final  REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the exercise of the power to adopt delegated acts conferred on the Commission pursuant to Regulation (EC) No 166/2006 concerning the establishment of a European Pollutant Release and Transfer Register and amending Council Directives 91/689/EEC and 96/61/EC    
 
 
1. 

INTRODUCTION 

Regulation (EC) No 166/2006 of the European Parliament and of the Council of 18 January 
20061 (Regulation) has established an integrated pollutant release and transfer register at the 
EU level in the form of an electronic database. It provides public and free access to data on 
releases of pollutants to the environment from industrial activities and is part of the EU Zero 
Pollution  Monitoring  framework.  The  Regulation  implements  the  UNECE Kyiv  Protocol 
(Protocol)  on  Pollutant  Release  and  Transfer  Registers.  Articles  8(3),  18  and  18a  of  the 
Regulation empower the Commission to adopt delegated acts (i) to supplement it by initiating 
reporting on releases of relevant pollutants from one or more diffuse sources and (ii) to adapt 
Annexes  II  and  III  to  the  Regulation  (a)  to  scientific  or  technical  progress  and/or  (b)  as  a 
result of the adoption by the Meeting of the Parties to the Protocol of any amendment to the 
Annexes  to  the  Protocol.  Whereas  Annex  II  contains  the  list  of  pollutants  covered  by  the 
Regulation  together  with  release  thresholds,  its  Annex  III  has  been  deleted  since  1  January 
2020 in accordance with Article 7 of Regulation (EU) 2019/10102. 

2.  LEGAL BASIS 

This report is required under Article 18a(2) of the Regulation, empowering the Commission 
to  adopt  delegated  acts  for  a  period  of  five  years  from  26  July  2019.  It  also  requires  the 
Commission to draw up a report in this respect. This delegation shall be tacitly extended for 
periods of an identical duration, unless the European Parliament or the Council oppose  it no 
later than three months before the end of each period. Article 18a(3) states that the delegation 
of power may be revoked at any time by the European Parliament or the Council. 

3.  EXERCISE OF THE DELEGATION 

The Commission reports that it has not adopted delegated acts. Data gathered under the EU 
relevant legislation on protection of air and water quality provides sufficient information on 
diffuse  emission  of  pollutants  to  support  the  implementation  of  the  Zero  Pollution  strategy. 
This has served as basis for the Zero Pollution Monitoring and Outlook Report published in 
20223. Moreover, the Meetings of the Parties to the Kyiv Protocol did not adopt any Decision 
that would require adopting a delegated act for the adaptation of Annex II to the Regulation.   

4.  CONCLUSION 

The Commission has, over the past five years, not exercised the delegated powers conferred 
to it under Regulation (EC) No 166/2006. It invites the European Parliament and the Council 
to take note of this report.  

1 OJ L 33, 4.2.2006, p.1.  
2 Regulation (EU) 2019/1010 of the European Parliament and of the Council of 5 June 2019 on the alignment of 
reporting obligations in the field of legislation related to the environment, and amending Regulations (EC) No 
166/2006  and  (EU)  No  995/2010  of  the  European  Parliament  and  of  the  Council,  Directives  2002/49/EC, 
2004/35/EC, 2007/2/EC, 2009/147/EC and 2010/63/EU of the European Parliament and of the Council, Council 
Regulations (EC) No 338/97 and (EC) No 2173/2005, and Council Directive 86/278/EEC (OJ L 170, 25.6.2019, 
p. 115–127). 
3  European  Commission,  J.R.C.,  Zero  Pollution  Outlook  2022,  EUR  31248  EN,  Publications  Office  of  the 
European Union, Luxembourg, 2022, ISBN 978-92-76-57575-7, doi:10.2760/778012, JRC129655.