CELEX ID: 32024R1244

--- ENGLISH ---

Document:
Official Journal 
of the European Union
EN
L series
2024/1244
2.5.2024
REGULATION (EU) 2024/1244 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 24 April 2024
on reporting of environmental data from industrial installations, establishing an Industrial Emissions Portal and repealing Regulation (EC) No 166/2006
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 192(1) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee 
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,
Having regard to the opinion of the Committee of the Regions 
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2
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,
Acting in accordance with the ordinary legislative procedure 
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,
Whereas:
(1)
The 8th Environment Action Programme of the European Union adopted by Decision (EU) 2022/591 of the European Parliament and of the Council 
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 requires the Commission, Member States, regional and local authorities and stakeholders, to apply high standards of transparency, public participation and access to justice effectively, in accordance with the United Nations Economic Commission for Europe (UNECE) Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (the ‘Aarhus Convention’), both at Union and Member State levels.
(2)
The Aarhus Convention, ratified by the European Community on 17 February 2005 by Council Decision 2005/370/EC 
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5
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, 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, ultimately, to a better environment. Moreover, the Aarhus Convention recognises the right to protect the confidentiality of personal data and/or files relating to a natural person, where that person has not consented to the disclosure of the information to the public, where such confidentiality is provided for in national law. Where Union law requires that commercial or industrial information be kept confidential to protect a legitimate economic interest, that confidentiality should be safeguarded.
(3)
Regulations (EU) 2016/679 
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 and (EU) 2018/1725 
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 of the European Parliament and of the Council apply to the processing of personal data by Member States and by the Union institutions, bodies, offices and agencies, respectively, within the framework of this Regulation. Accordingly, data subjects have the right to be informed about the processing of their data within the framework of this Regulation and about the exercise of their rights under those Regulations.
(4)
On 2 December 2005, the European Community ratified the UNECE Protocol on Pollutant Release and Transfer Registers (the ‘Protocol’) by Council Decision 2006/61/EC 
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.
(5)
Regulation (EC) No 166/2006 of the European Parliament and of the Council 
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, established a European Pollutant Release and Transfer Register in order to implement the Protocol.
(6)
The Commission’s report on progress in implementing Regulation (EC) No 166/2006, published on 13 December 2017, concluded that reporting obligations should be streamlined by further exploring synergies with other related Union environmental law on pollution from industrial installations, including in particular Directive 2010/75/EU of the European Parliament and of the Council 
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 and Council Directive 91/271/EEC 
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. The report also highlighted the need to explore options for additional contextual information to make reported data more effective.
(7)
The Commission’s communication of 12 May 2021, entitled ‘Pathway to a Healthy Planet for All EU Action Plan: “Towards Zero Pollution for Air, Water and Soil”’, establishes a Union action plan on zero pollution, energy, decarbonisation and circular economy, and promotes the effective use of reported information in the wider zero pollution monitoring and outlook framework and under the monitoring framework provided for in the 8th Environmental Action Programme.
(8)
In line with the Commission’s conclusions in its report on progress in implementing Regulation (EC) No 166/2006, published on 13 December 2017, in June 2021, the Commission, supported by the European Environment Agency (the ‘Agency’), developed an Industrial Emissions Portal (the ‘Portal’) to replace the European Pollutant Release and Transfer Register, with the aim of improving synergies with reporting carried out under Directive 2010/75/EU.
(9)
The Portal should provide the public with free-of-charge online access to a more integrated and coherent dataset on key environmental pressures generated by industrial installations, since such data constitute a cost-effective tool for drawing comparisons and taking decisions in relation to environmental matters, encouraging better environmental performance, tracking trends, demonstrating progress in pollution reduction, benchmarking installations, monitoring compliance with relevant international agreements, setting priorities and evaluating progress achieved through Union and national environmental policies and programmes.
(10)
The Portal should present the data included in it in aggregated and non-aggregated forms to enable users to carry out targeted searches as well as to provide an electronic means of extracting data in an easy manner, including in the form of query-based datasets.
(11)
The reporting requirements should apply at installation level in order to implement synergies between the Portal and databases on environmental pressures from industrial installations, including those covered by Directive 2010/75/EU, and to ensure coherence with, and support, the implementation of that Directive.
(12)
To comply with the requirements of the Protocol, the reporting requirements provided for in this Regulation should apply to all activities listed in Annex I to the Protocol and, in fulfilling those reporting requirements, the facility to which the installation, or part thereof, belongs should be indicated. In addition, and with a view to achieving synergies with related Union environmental law affecting industrial installations, the scope of this Regulation should also be aligned with the industrial activities under Annexes I and Ia to Directive 2010/75/EU and with certain activities covered by Directive (EU) 2015/2193 of the European Parliament and of the Council 
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.
(13)
In order to monitor the environmental performance of industrial installations, the data to be included in the Portal should cover, above the applicable quantitative thresholds listed in Annex II, the release to the environment of certain pollutants, off-site transfers of waste water containing those pollutants and off-site transfers of waste.
(14)
The Portal should also include data on the use of water, energy and relevant raw materials by the installations concerned, to allow the monitoring of progress towards a circular and highly resource-efficient economy. The data to be included in the Portal should cover relevant raw materials that are used in the production process and have a significant effect or impact on the environment. The determination of what are to be considered as relevant raw materials should be based on the work done in the process leading to the drawing up of the best available techniques (BAT) reference documents pursuant to Directive 2010/75/EU.
(15)
In order to ensure uniform conditions for the implementation of this Regulation regarding the reporting by operators to competent authorities, implementing powers should be conferred on the Commission to establish the list of relevant raw materials to be reported by the operators after consultation of Member States, the industries concerned and non-governmental organisations promoting human health and environmental protection. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council 
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.
(16)
Operators of installations should report information concerning the production volume and operating hours of the installation concerned in order to make it possible to contextualise data reported on pollutant releases, off-site transfers of waste water containing those pollutants and off-site transfers of waste. That information should, where applicable, be handled in accordance with the confidentiality provisions of this Regulation.
(17)
The overall benefit of the Portal for access to environmental information concerning industrial installations should be maximised by including information reported by the Member States to the Commission in accordance with Directive 2010/75/EU as well as other information flows that stem from Union environmental law on climate change, air, water and land protection, Union law on waste management, including reporting under Directive 2012/18/EU of the European Parliament and of the Council 
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, Directive 2008/98/EC of the European Parliament and of the Council 
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 and Directive 2010/75/EU. Moreover, in order to maximise the Portal’s value to users, it should be designed to facilitate future integration with other relevant environmental data flows.
(18)
For the purpose of legal certainty, operators or Member States should indicate whether data on the release of pollutants, off-site transfers of waste water containing those pollutants and off-site transfers of waste are below reporting thresholds.
(19)
To improve the quality of reported data and to ensure their comparability, it is appropriate to harmonise quantification methods to be used by operators when reporting the release of pollutants, off-site transfers of waste water containing those pollutants, off-site transfers of waste and resource use. Since measurement is the most accurate quantification method, operators should use measurement for the purposes of quantification. If measurement is not practicable, operators should use calculation. Estimation should only be used as a last resort.
(20)
As the operators of livestock production and aquaculture installations might lack the necessary resources to accurately quantify the deliberate release of pollutants, Member States should be entitled to quantify such releases on their behalf.
(21)
In order to ensure uniform conditions for the implementation of this Regulation regarding reporting by Member States, implementing powers should be conferred on the Commission to establish the type and format of information to be provided and the reporting deadlines. Those powers should be exercised in accordance with Regulation (EU) No 182/2011.
(22)
Given the importance for Union citizens of quick access to environmental information, it is essential that Member States and the Commission make data publicly available as fast as technically feasible. To that end, whereas the precise reporting deadline is to be established in an implementing act, it should be no later than 11 months from the end of the reporting year concerned.
(23)
Where appropriate, the Portal should also facilitate access to information on the release of pollutants from diffuse sources in order to enable decision-makers to better put the release of pollutants into context and to choose the most effective solution for pollution reduction.
(24)
Data reported by the Member States and operators should be of high quality, in particular as regards their accuracy, completeness, consistency and credibility. Competent authorities should therefore assess the quality of the data provided by operators.
(25)
Public access to environmental information reported by Member States should be unrestricted and exceptions from that rule should only be possible in accordance with Directive 2003/4/EC of the European Parliament and of the Council 
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16
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 or with Regulation (EC) No 1049/2001 of the European Parliament and of the Council 
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17
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, as appropriate.
(26)
Public participation should be ensured in any further development of the Portal by providing early and effective opportunities to submit comments, information, analysis and opinions for the decision-making process in that regard.
(27)
In order to enhance the usefulness and impact of the Portal, the Commission, supported by the Agency, should develop guidance supporting the implementation of this Regulation paying particular attention to the implementation of provisions that were not part of Regulation (EC) No 166/2006, and potential effects on sectors not covered by that Regulation.
(28)
In order to enable the Commission to update the list of industrial or agricultural activities in relation to which reporting requirements apply, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union (TFEU) should be delegated to the Commission to amend this Regulation for the purpose of aligning Annex I with amendments to the Protocol.
(29)
The Commission should also be empowered to adopt delegated acts in accordance with Article 290 TFEU to amend Annex II to this Regulation to determine reporting thresholds, to add pollutants which are subject to specific regulatory measures under Union law on water and air quality and on chemicals, including Regulation (EC) No 1907/2006 of the European Parliament and of the Council 
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18
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 and Directives 2000/60/EC 
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19
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, 2004/107/EC 
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20
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, 2006/118/EC 
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, 2008/50/EC 
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, 2008/105/EC 
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 and (EU) 2020/2184 
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 of the European Parliament and of the Council, and to reflect changes made to the Protocol with regard to the pollutants to be reported or their reporting thresholds. To facilitate the full application of this Regulation, the Commission should, by 31 December 2025, adopt a delegated act reviewing the list of substances and thresholds set out in Annex II to this Regulation, including, inter alia, an assessment of the need to reduce the reporting thresholds for per- and polyfluoroalkyl substances (PFAS) and other relevant substances.
(30)
When adopting delegated acts, it is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making 
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25
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. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.
(31)
In order to ensure effective implementation of this Regulation, Member States should lay down rules on penalties applicable to its infringements and should ensure that they are implemented.
(32)
Since Regulation (EC) No 166/2006 needs to be substantially modified, it should be repealed and replaced by this Regulation for reasons of legal certainty, clarity and transparency.
(33)
Since the objectives of this Regulation, namely to enhance public access to environmental information through the establishment of an integrated and coherent Union-wide electronic database and to enable industrial pollution to be monitored in order to contribute to its prevention and reduction, cannot be sufficiently achieved by the Member States as the need for comparability of data in Member States argues for a high level of harmonisation, but can rather, by reason of the scale and effects of the action, be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. 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.
(34)
The reporting requirements established by this Regulation should apply as from the reporting year 2027 in order to provide sufficient time for Member States and operators to take the necessary measures.
(35)
In order to ensure data continuity and legal certainty, Regulation (EC) No 166/2006 should continue to apply for the reporting year 2026,
HAVE ADOPTED THIS REGULATION:
Article 1
Subject matter
This Regulation lays down rules on the collection and reporting of environmental data on industrial installations and establishes an Industrial Emissions Portal (the ‘Portal’) at Union level in the form of an online database giving public access to such data.
This Regulation implements the UNECE Protocol on Pollutant Release and Transfer Registers (the ‘Protocol’).
Article 2
Objectives
The objectives of this Regulation are to enhance public access to information through the establishment of the Portal, thereby facilitating public participation in environmental decision-making as well as identifying sources of industrial pollution, and to enable industrial pollution to be monitored in order to contribute to its prevention and reduction.
Article 3
Definitions
For the purposes of this Regulation, the following definitions apply:
(1)
‘installation’ means a stationary technical unit within which one or more activities listed in Annex I are carried out, and any other directly associated activities on the same site which have a technical connection with the activities listed in that Annex and which could have an effect on emissions and pollution;
(2)
‘facility’ means one or more installations, or parts thereof, that are on the same site and that are operated by the same natural or legal person;
(3)
‘site’ means the geographical location of the installation and the facility;
(4)
‘the public’ means the public as defined in Article 3, point (16), of Directive 2010/75/EU;
(5)
‘release’ means any introduction of a pollutant 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;
(6)
‘pollutant’ means a substance or a group of substances that can be harmful to the environment or to human health on account of its properties and of its introduction into the environment;
(7)
‘substance’ means a substance as defined in Article 3, point (1), of Directive 2010/75/EU;
(8)
‘operator’ means an operator as defined in Article 3, point (15), of Directive 2010/75/EU;
(9)
‘off-site transfer’ means the movement, beyond the boundaries of an installation, of waste destined for recovery or disposal operations and of pollutants in waste water destined for waste water treatment;
(10)
‘waste’ means waste as defined in Article 3, point (1), of Directive 2008/98/EC;
(11)
‘waste water’ means urban, domestic and industrial waste water, as defined in Article 2, points (1), (2) and (3), of Directive 91/271/EEC, respectively, and any other used water which is subject, due to the substances or objects it contains, to regulation by Union law;
(12)
‘diffuse sources’ means the many smaller or scattered sources from which pollutants can be released to air, water or land, the combined impact of which on those media can be significant and for which it is impractical to collect reports from each individual source;
(13)
‘competent authority’ means the national authority or authorities, or any other competent body or bodies, designated by Member States;
(14)
‘hazardous waste’ means hazardous waste as defined in Article 3, point (2), of Directive 2008/98/EC;
(15)
‘recovery operation’ means any of the operations referred to in Annex II to Directive 2008/98/EC;
(16)
‘disposal operation’ means any of the operations referred to in Annex I to Directive 2008/98/EC;
(17)
‘reporting year’ means the calendar year for which data must be gathered;
(18)
‘aquaculture’ means aquaculture as defined in Article 4, point (25), of Regulation (EU) No 1380/2013 of the European Parliament and of the Council 
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26
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.
Article 4
Content of the Portal
1.   The Portal shall include the following:
(a)
data on the release of pollutants as referred to in Article 6(1), point (a);
(b)
data on off-site transfers of waste as referred to in Article 6(1), point (b), and of pollutants in waste water as referred to in Article 6(1), point (c);
(c)
information on individual installations, reported by the Member States to the Commission in accordance with Directive 2010/75/EU, in particular Article 72 thereof;
(d)
data on the use of water, energy and relevant raw materials as referred to in Article 6(1), point (d);
(e)
contextual information as referred to in Article 6(1), point (e);
(f)
data on the release of pollutants from diffuse sources as referred to in Article 8(1), where such data are available.
2.   The Portal shall include links to the following:
(a)
national pollutant release and transfer registers established by the Member States in accordance with the Protocol;
(b)
other existing publicly accessible registers, databases or websites, established at Member State or Union level, that provide access to the reporting requirements set out in Union law on climate change, on air, water and land protection, and on waste management.
Article 5
Design and structure of the Portal
1.   The Commission shall make the Portal publicly accessible, presenting the data in a standardised format, in both aggregated and non-aggregated forms with a view to enabling at least searches, data extraction and query-based downloads of datasets by:
(a)
facility, including the facility’s parent company where applicable, and its geographical location, including the river basin;
(b)
installation;
(c)
activity;
(d)
occurrence at Member State or Union level;
(e)
pollutant, waste or resource, as appropriate;
(f)
the environmental medium, namely air, water or land, into which the pollutant is released;
(g)
off-site transfers of waste and, as appropriate, their destination;
(h)
off-site transfers of pollutants in waste water;
(i)
diffuse sources; and
(j)
installation owner or operator.
2.   The Portal shall be designed so as to make it as easy as possible for the public to access the data and to allow the data, under normal operating conditions, to be continuously and readily accessible on the internet. The Portal shall include all data reported for at least the previous 10 reporting years. The design of the Portal shall take into account the possibility of its future expansion.
Article 6
Reporting by operators to competent authorities
1.   Each operator of an installation that undertakes one or more of the activities listed in Annex I which meet or exceed the applicable capacity thresholds specified in that Annex and either releases any of the pollutants listed in Annex II in a quantity above the applicable thresholds, or exceeds the waste thresholds set out in point (b) of this paragraph, shall report annually to its competent authority at least the following information and data, unless such information or data are already available to the competent authority:
(a)
data on the release to air, water and land of any pollutant listed in Annex II for which the applicable threshold specified in that Annex is exceeded;
(b)
data on off-site transfers of hazardous waste exceeding 2 tonnes per year per facility or of non-hazardous waste exceeding 2 000 tonnes per year per facility, for any recovery or disposal operation with the exception of land treatment and deep injection, as specified in Annex I to Directive 2008/98/EC, indicating with ‘R’ or ‘D’ whether the waste is destined for recovery or disposal operations, respectively, and, for transboundary movements of hazardous waste, the name and address of the undertaking which carried out the recovery or disposal operations involving the waste and of the actual recovery or disposal operations site; waste which is subject to land treatment or deep injection disposal operations shall be reported as a release to land only by the operator of the installation, from which the waste originates;
(c)
data on off-site transfers of any pollutant listed in Annex II in waste water destined for waste water treatment for which the threshold specified in column 1b of that Annex is exceeded;
(d)
data on the use of water, energy and relevant raw materials as determined in the implementing act referred to in the second subparagraph;
(e)
information allowing contextualisation of the data reported under points (a) to (d), including production volume and number of operating hours;
(f)
information on whether the installation is covered by Directive 2003/87/EC of the European Parliament and of the Council 
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27
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, Directive 91/271/EEC, Directive 2010/75/EU, Directive 2012/18/EU, Directive (EU) 2015/2193 or any other Union environmental law identified in the reporting format referred to in Article 7 of this Regulation;
(g)
information on the facility to which the installation belongs.
The Commission shall, by 31 December 2025, adopt by means of implementing acts a list of relevant raw materials to be reported under point (d) of the first subparagraph of this paragraph, specifying the types and the units, on the basis of the best available techniques (BAT) reference documents as defined in Article 3, point (11), of Directive 2010/75/EU. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 17(2) of this Regulation. The Commission shall review those implementing acts and shall revise them, where relevant.
2.   Where a release as referred to in paragraph 1, first subparagraph, point (a), or an off-site transfer of pollutants referred to in paragraph 1, first subparagraph, point (c), does not exceed the applicable thresholds specified in Annex II, or where off-site transfers of waste do not exceed the thresholds set out in paragraph 1, first subparagraph, point (b), the operator of the installation concerned shall declare, in its report, that the release of pollutants or off-site transfers of pollutants or waste are below those thresholds.
Member States may decide to report the information referred to in the first subparagraph only in the first report for an installation, or part thereof, drawn up by an operator after the entry into force of this Regulation or in the first report drawn up by an operator after the release of pollutants or off-site transfers of pollutants or waste no longer exceed the applicable thresholds specified in Annex II.
3.   When preparing the report referred to in paragraph 1, first subparagraph, of this Article, operators shall make use of the best available information. Operators shall obtain the data by means of measurement. Where measurement does not result in the best available information, is not practicable or is not technologically and economically viable, operators shall obtain the data by means of calculation. Where neither measurement nor calculation is practicable, operators may obtain the data by estimation. The information may include monitoring data, emission factors, mass balance equations, indirect monitoring or other calculations, engineering judgements and other methods that are in accordance with Article 9(1) and, where available, internationally approved methodologies.
4.   Operators shall specify in the report referred to in paragraph 1 the methods used for obtaining the data. Where the data were obtained by measurement, the analytical method shall be indicated. Where the data were obtained by calculation, the method of calculation shall be indicated.
5.   The releases referred to in Annex II which are reported under paragraph 1, first subparagraph, shall include all releases from all sources included in Annex I at the site of the installation.
6.   For the purposes of paragraph 1, first subparagraph, data on releases and transfers shall be reported as totals of all deliberate, accidental, routine and non-routine activities. In providing those data, operators shall specify, where available, any data that relate to the accidental release of pollutants.
7.   The operator of each installation shall collect with appropriate frequency the data needed to determine which of the releases and off-site transfers of the installation, or part thereof, are subject to reporting requirements under paragraph 1, first subparagraph.
8.   The operator of each installation shall keep the records from which the reported data were derived available for its competent authority for five years from the end of the reporting year concerned. Those records shall also describe the methodology used for data gathering.
9.   Member States may decide to quantify deliberate releases as referred to in paragraph 1, first subparagraph, point (a), of this Article themselves on behalf of operators of installations covered by the activities referred to in the second and the seventh rows of Annex I. In such cases, paragraphs 1 to 8 of this Article shall not apply to those operators in respect of such releases.
10.   For the purposes of Article 7, Member States shall determine a date by which operators are to provide the data referred to in this Article to their competent authorities.
11.   Until the date of entry into force of the delegated act referred to in Article 15(3), where an installation, or part thereof, does not meet the conditions laid down in paragraph 1, first subparagraph, of this Article, but is part of a facility which meets those conditions, that installation, or part thereof, shall be subject to the reporting obligations established in this Article, except for the obligations established in paragraph 2 of this Article.
Article 7
Reporting by Member States to the Commission
1.   On an annual basis, no later than 11 months from the end of the reporting year, Member States shall submit to the Commission, by electronic means, a report including all the data referred to in Article 6, in a format to be established by the Commission by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 17(2).
2.   The Commission services, assisted by the European Environment Agency (the ‘Agency’), shall incorporate the data reported by Member States into the Portal within one month of the completion of reporting by Member States in accordance with paragraph 1.
Article 8
Data on the release of pollutants from diffuse sources
1.   The Commission, assisted by the Agency, shall include in the Portal data on the release of pollutants from diffuse sources, where such data exist and have already been reported by Member States.
2.   The data available on the Portal shall allow users to search for and identify the release of pollutants from diffuse sources according to an adequate geographical disaggregation and shall include information on the type of methodology used to derive the data.
3.   Where it determines that no data on the release of pollutants from diffuse sources exist, the Commission is empowered to adopt delegated acts in accordance with Article 16 in order to supplement this Regulation by initiating reporting on the release of relevant pollutants from one or more diffuse sources using, where appropriate, internationally approved methodologies.
Article 9
Quality assurance and assessment
1.   The operators of an installation that are subject to the reporting requirements set out in Article 6 shall ensure that the data they report are of high quality.
2.   The competent authorities shall assess the quality of the data provided by the operators asreferred to in paragraph 1 of this Article, in particular as to the accuracy, completeness, consistency and credibility of those data. In the event of qualitative deficiencies being present in the data provided pursuant to Article 6, at the request of the competent authorities, the operators concerned shall provide the corrected data to the competent authorities without delay.
Article 10
Access to information
1.   The Commission, assisted by the Agency, shall make the data included in the Portal publicly accessible and free of charge on the internet within one month of the submission of the reports by Member States in accordance with Article 7(1).
2.   Where the public cannot easily access the data included in the Portal, the Member State concerned and the Commission shall facilitate electronic access to the Portal in publicly accessible locations.
3.   Each Member State shall make available to the public its data, reported in accordance with Article 6 and, where available, Article 8(1), in a continuous manner, free of charge and without access being conditional on registration.
Article 11
Confidentiality
Where data are considered confidential by a Member State in accordance with Article 4(2) of Directive 2003/4/EC, the report referred to in Article 7(1) of this Regulation for the reporting year concerned shall indicate separately for each installation which data cannot be made public and provide the reasons for that.
Article 12
Public participation
1.   The Commission shall provide the public with early and effective opportunities to participate in the further development of the Portal, including through capacity-building and the preparation of amendments to this Regulation.
2.   The public shall have the opportunity to submit comments, information, analyses and opinions within a reasonable timeframe and in any of the official languages of the Union.
3.   The Commission shall take due account of such input and shall inform the public about the outcome of the public participation.
Article 13
Guidance
The Commission, assisted by the Agency and in consultation with the Member States, shall draw up and periodically update guidance supporting the implementation of this Regulation, addressing at least the following:
(a)
reporting procedures, with particular attention to be paid to provisions that were not part of Regulation (EC) No 166/2006 and sectors that were not covered by that Regulation, including technical guidelines regarding methods facilitating analysis for monitoring of PFAS, such as detection limits, parametric values and frequency of sampling;
(b)
the data to be reported;
(c)
quality assurance and assessment;
(d)
an indication of the type of data which can be withheld and, in the case of confidential data, the reasons for withholding them;
(e)
reference to internationally approved methods for release determination, analysis and sampling;
(f)
the names of any parent companies;
(g)
calculation methods, including emission factors per abatement technology, for livestock production and aquaculture;
(h)
how to apply in practice the definitions laid down in this Regulation for sites, facilities and installations, by means of, inter alia, a list of examples or specific explanations, pictures, drawings, diagrams or any other visual reference or support.
The guidelines concerning points (a) to (g) of the first paragraph, shall be drawn up for the first time by 1 January 2026.
The guidelines concerning point (h) of the first paragraph, shall be drawn up for the first time by 1 January 2025, after consulting the Member States.
Article 14
Awareness raising
The Member States and the Commission shall promote public awareness of the Portal andunderstanding and use of the data included in it.
Article 15
Amendments to the Annexes
1.   The Commission is empowered to adopt delegated acts in accordance with Article 16 of this Regulation in order to amend Annex I thereof to align it with the Protocol following the adoption of any amendment to its annexes.
2.   The Commission is empowered to adopt delegated acts in accordance with Article 16 in order to amend Annex II for one or more of the following purposes:
(a)
to add a pollutant, where the release of that pollutant to air, water or land has, or can have, an adverse impact on the environment or human health, including a pollutant that is released from activities referred to in Annex I, and that meets one of the following conditions:
(i)
the pollutant is designated as a substance covered by an entry in Annex XIV to Regulation (EC) No 1907/2006 or by a restriction contained in Annex XVII to that Regulation;
(ii)
the pollutant is designated as a priority substance under Directive 2000/60/EC or 2008/105/EC;
(iii)
the pollutant is included in the watch lists established in the framework of Directive 2006/118/EC or 2008/105/EC or Directive (EU) 2020/2184;
(iv)
the pollutant is subject to limit values or other restrictions under Directive 2004/107/EC, 2006/118/EC, 2008/50/EC or (EU) 2020/2184;
(b)
to set and update thresholds for the release of pollutants so as to achieve the goal of capturing at least 90 % of the release of each pollutant to air, water and land from activities referred to in Annex I, including thresholds of zero for substances constituting a particularly high hazard for human health or the environment;
(c)
to add or remove a pollutant and, where necessary, amend the applicable threshold in order to align Annex II to this Regulation with the Protocol;
(d)
to remove a pollutant that is no longer designated as a priority substance as referred to in point (a)(ii) of this paragraph or that is removed from the watch lists referred to in point (a)(iii).
3.   The Commission shall adopt a delegated act in accordance with paragraph 2 by 31 December 2025. The Commission may adopt additional delegated acts after that date in accordance with paragraph 2.
Article 16
Exercise of the delegation
1.   The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
2.   The power to adopt delegated acts referred to in Article 8(3) and Article 15(1) and (2) shall be conferred on the Commission for a period of five years from 22 May 2024. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
3.   The delegation of power referred to in Article 8(3) and Article 15(1) and (2) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the 
Official Journal of the European Union
 or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
4.   Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.
5.   As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
6.   A delegated act adopted pursuant to Article 8(3) or Article 15(1) or (2) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Article 17
Committee Procedure
1.   The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
2.   Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
Article 18
Penalties and compliance assurance measures
1.   Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall, without undue delay, notify the Commission of those rules and of those measures and shall notify it, without undue delay, of any subsequent amendments to those rules or measures.
2.   The penalties referred to in paragraph 1 shall include fines.
3.   Member States shall ensure that the penalties established pursuant to this Article give due regard to the following, as applicable:
(a)
the nature, gravity and extent of the infringement, bearing in mind the objective of achieving a high level of protection of human health and the environment;
(b)
the degree of the fault involved in the infringement;
(c)
the repetitive or one-off character of the infringement.
4.   Member States shall adopt compliance assurance measures to prevent and detect the infringements referred to in paragraph 1.
Article 19
Review
The Commission shall carry out a review of the implementation of this Regulation and its Annexes, at least every five years from its date of application. The purpose of the review shall be, amongst other things, to ensure the alignment of this Regulation and its Annexes with scientific and technical progress. The review process shall take due account of international initiatives addressing the release of pollutants from industrial activities and the impact of the release of such pollutants on human health or the environment, Member States’ best practices and progress in that regard, and progress in research and technology.
Where appropriate, the Commission shall submit a legislative proposal to the European Parliament and to the Council to amend this Regulation or the Annexes thereto, or both.
Article 20
Repeal
Regulation (EC) No 166/2006 is repealed with effect from 1 January 2028.
References to the repealed Regulation (EC) No 166/2006 shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex III to this Regulation.
Article 21
Transitional provisions
Notwithstanding Article 20, first paragraph, of this Regulation, Regulation (EC) No 166/2006 shall continue to apply as regards reporting for the year 2026.
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.
It shall apply from 1 January 2028.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Strasbourg, 24 April 2024.
For the European Parliament
The President
R. METSOLA
For the Council
The President
M. MICHEL
(
1
)
  
            
OJ C 443, 22.11.2022, p. 130
.
(
2
)
  
            
OJ C 498, 30.12.2022, p. 154
.
(
3
)
  Position of the European Parliament of 12 March 2024 (not yet published in the Official Journal) and decision of the Council of 12 April 2024.
(
4
)
  Decision (EU) 2022/591 of the European Parliament and of the Council of 6 April 2022 on a General Union Environment Action Programme to 2030 (
OJ L 114, 12.4.2022, p. 22
).
(
5
)
  Council Decision 2005/370/EC of 17 February 2005 on the conclusion, on behalf of the European Community, of the Convention on access to information, public participation in decision-making and access to justice in environmental matters (
OJ L 124, 17.5.2005, p. 1
).
(
6
)
  Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (
OJ L 119, 4.5.2016, p. 1
).
(
7
)
  Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (
OJ L 295, 21.11.2018, p. 39
).
(
8
)
  Council Decision 2006/61/EC of 2 December 2005 on the conclusion, on behalf of the European Community, of the UN-ECE Protocol on Pollutant Release and Transfer Registers (
OJ L 32, 4.2.2006, p. 54
).
(
9
)
  Regulation (EC) No 166/2006 of the European Parliament and of the Council of 18 January 2006 concerning the establishment of a European Pollutant Release and Transfer Register and amending Council Directives 91/689/EEC and 96/61/EC (
OJ L 33, 4.2.2006, p. 1
).
(
10
)
  Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (
OJ L 334, 17.12.2010, p. 17
).
(
11
)
  Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment (
OJ L 135, 30.5.1991, p. 40
).
(
12
)
  Directive (EU) 2015/2193 of the European Parliament and of the Council of 25 November 2015 on the limitation of emissions of certain pollutants into the air from medium combustion plants (
OJ L 313, 28.11.2015, p. 1
).
(
13
)
  Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (
OJ L 55, 28.2.2011, p. 13
).
(
14
)
  Directive 2012/18/EU of the European Parliament and of the Council of 4 July 2012 on the control of major-accident hazards involving dangerous substances, amending and subsequently repealing Council Directive 96/82/EC (
OJ L 197, 24.7.2012, p. 1
).
(
15
)
  Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (
OJ L 312, 22.11.2008, p. 3
).
(
16
)
  Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on access to environmental information and repealing Council Directive 90/313/EEC (
OJ L 41, 14.2.2003, p. 26
).
(
17
)
  Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (
OJ L 145, 31.5.2001, p. 43
).
(
18
)
  Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (
OJ L 396, 30.12.2006, p. 1
).
(
19
)
  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
).
(
20
)
  Directive 2004/107/EC of the European Parliament and of the Council of 15 December 2004 relating to arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons in ambient air (
OJ L 23, 26.1.2005, p. 3
).
(
21
)
  Directive 2006/118/EC of the European Parliament and of the Council of 12 December 2006 on the protection of groundwater against pollution and deterioration (
OJ L 372, 27.12.2006, p. 19
).
(
22
)
  Directive 2008/50/EC of the European Parliament and of the Council of 21 May 2008 on ambient air quality and cleaner air for Europe (
OJ L 152, 11.6.2008, p. 1
).
(
23
)
  Directive 2008/105/EC of the European Parliament and of the Council of 16 December 2008 on environmental quality standards in the field of water policy, amending and subsequently repealing Council Directives 82/176/EEC, 83/513/EEC, 84/156/EEC, 84/491/EEC, 86/280/EEC and amending Directive 2000/60/EC of the European Parliament and of the Council (
OJ L 348, 24.12.2008, p. 84
).
(
24
)
  Directive (EU) 2020/2184 of the European Parliament and of the Council of 16 December 2020 on the quality of water intended for human consumption (
OJ L 435, 23.12.2020, p. 1
).
(
25
)
  
            
OJ L 123, 12.5.2016, p. 1
.
(
26
)
  Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC (
OJ L 354, 28.12.2013, p. 22
).
(
27
)
  Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (
OJ L 275, 25.10.2003, p. 32
).
ANNEX I
Activities
Activity
Capacity Threshold
1
Activities listed in Annex I to Directive 2010/75/EU
Above the applicable capacity thresholds set out in Directive 2010/75/EU
2
Activities listed in Annex Ia to Directive 2010/75/EU
Above the applicable capacity thresholds set out in Directive 2010/75/EU
3
Activities referred to in Article 2 of Directive (EU) 2015/2193 (where not covered by Annex I to Directive 2010/75/EU)
Combustion plants with a rated thermal input of at least 20 MW and below 50 MW
4
Underground mining and related operations, including the extraction of crude oil or gas either onshore or offshore (where not covered by Annex I to Directive 2010/75/EU)
No capacity threshold (all installations are subject to reporting)
5
Opencast mining and quarrying (where not covered by Annex I to Directive 2010/75/EU)
Where the surface of the area effectively under extractive operation equals 25 hectares
6
Urban waste water treatment plants
With a capacity of 100 000  population equivalents or more
7
Feed-based aquaculture
Exceeding an annual production capacity of 500 tonnes
8
Installations for the building and/or dismantling of ships, and for the painting or removal of paint from ships
With a capacity for ships 100 m long
9
Electrolysis of water for production of hydrogen
Industrial scale production
ANNEX II
Pollutants
 (
1
)
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
1
74-82-8
Methane (CH
4
)
100 000
—
 (
2
)
—
2
630-08-0
Carbon monoxide (CO)
500 000
—
—
3
124-38-9
Carbon dioxide (CO
2
)
100 million
—
—
4
Hydro-fluorocarbons (HFCs)
 (
3
)
100
—
—
5
10024-97-2
Nitrous oxide (N
2
O)
10 000
—
—
6
7664-41-7
Ammonia (NH
3
)
10 000
—
—
7
Non-methane volatile organic compounds (NMVOC)
100 000
—
—
8
Nitrogen oxides (NO
x
/NO
2
)
100 000
—
—
9
Perfluorocarbons (PFCs)
 (
4
)
100
—
—
10
2551-62-4
Sulphur hexafluoride (SF
6
)
50
—
—
11
Sulphur oxides (SO
x
/SO
2
)
150 000
—
—
12
Total nitrogen
—
50 000
50 000
13
Total phosphorus
—
5 000
5 000
14
Hydrochlorofluorocarbons (HCFCs)
 (
5
)
1
—
—
15
Chlorofluorocarbons (CFCs)
 (
6
)
1
—
—
16
Halons
 (
7
)
1
—
—
17
Arsenic and compounds (as As)
 (
8
)
20
5
5
18
Cadmium and compounds (as Cd)
 (
8
)
10
5
5
19
Chromium and compounds (as Cr)
 (
8
)
100
50
50
20
Copper and compounds (as Cu)
 (
8
)
100
50
50
21
Mercury and compounds (as Hg)
 (
8
)
10
1
1
22
Nickel and compounds (as Ni)
 (
8
)
50
20
20
23
Lead and compounds (as Pb)
 (
8
)
200
20
20
24
Zinc and compounds (as Zn)
 (
8
)
200
100
100
25
15972-60-8
Alachlor
—
1
1
26
309-00-2
Aldrin
1
1
1
27
1912-24-9
Atrazine
—
1
1
28
57-74-9
Chlordane
1
1
1
29
143-50-0
Chlordecone
1
1
1
30
470-90-6
Chlorfenvinphos
—
1
1
31
85535-84-8
Chloro-alkanes, C
10
-C
13
—
1
1
32
2921-88-2
Chlorpyrifos
—
1
1
33
50-29-3
DDT
1
1
1
34
115-32-2
Dicofol
1
1
1
35
107-06-2
1, 2-dichloroethane (EDC)
1 000
10
10
36
75-09-2
Dichloromethane (DCM)
1 000
10
10
37
60-57-1
Dieldrin
1
1
1
38
330-54-1
Diuron
—
1
1
39
115-29-7
Endosulphan
—
1
1
40
72-20-8
Endrin
1
1
1
41
Halogenated organic compounds (as AOX)
 (
9
)
—
1 000
1 000
42
76-44-8
Heptachlor
1
1
1
43
118-74-1
Hexachlorobenzene (HCB)
10
1
1
44
87-68-3
Hexachlorobutadiene (HCBD)
—
1
1
45
608-73-1
1, 2,3, 4,5, 6-hexachlorocyclohexane (HCH)
10
1
1
46
58-89-9
Lindane
1
1
1
47
2385-85-5
Mirex
1
1
1
48
PCDD + PCDF (dioxins + furans) (as Teq)
 (
10
)
0,0001
0,0001
0,0001
49
608-93-5
Pentachlorobenzene
1
1
1
50
87-86-5
Pentachlorophenol (PCP)
10
1
1
51
335-67-1
Perfluorooctanoic acid (PFOA) and its salts
1
1
1
52
355-46-4
Perfluorohexane-1-sulfonic acid (PFHxS) and its salts
1
1
1
53
1336-36-3
Polychlorinated biphenyls (PCBs)
0,1
0,1
0,1
54
122-34-9
Simazine
—
1
1
55
127-18-4
Tetrachloroethylene (PER)
2 000
10
—
56
56-23-5
Tetrachloromethane (TCM)
100
1
—
57
12002-48-1
Trichlorobenzenes (TCBs) (all isomers)
10
1
—
58
71-55-6
1, 1,1-trichloroethane
100
—
—
59
79-34-5
1, 1,2, 2-tetrachloroethane
50
—
—
60
79-01-6
Trichloroethylene
2 000
10
—
61
67-66-3
Trichloromethane
500
10
—
62
8001-35-2
Toxaphene
1
1
1
63
75-01-4
Vinyl chloride
1 000
10
10
64
120-12-7
Anthracene
50
1
1
65
71-43-2
Benzene
1 000
200 (as BTEX)
 (
11
)
200 (as BTEX)
 (
11
)
66
Brominated diphenylethers (PBDE)
 (
12
)
—
1
1
67
Nonylphenol and Nonylphenol ethoxylates (NP/NPEs)
—
1
1
68
100-41-4
Ethyl benzene
—
200 (as BTEX)
 (
11
)
200 (as BTEX)
 (
11
)
69
75-21-8
Ethylene oxide
1 000
10
10
70
34123-59-6
Isoproturon
—
1
1
71
91-20-3
Naphthalene
100
10
10
72
Organotin compounds (as total Sn)
—
50
50
73
117-81-7
Di-(2-ethyl hexyl) phthalate (DEHP)
10
1
1
74
108-95-2
Phenols (as total C)
 (
13
)
—
20
20
75
Polycyclic aromatic hydrocarbons (PAHs)
 (
14
)
50
5
5
76
108-88-3
Toluene
—
200 (as BTEX)
 (
11
)
200 (as BTEX)
 (
11
)
77
Tributyltin and compounds
 (
15
)
—
1
1
78
Triphenyltin and compounds
 (
16
)
—
1
1
79
Total organic carbon (TOC) (as total C or COD/3)
—
50 000
—
80
1582-09-8
Trifluralin
—
1
1
81
1330-20-7
Xylenes
 (
17
)
—
200 (as BTEX)
 (
11
)
200 (as BTEX)
 (
11
)
82
Chlorides (as total Cl)
—
2 million
2 million
83
Chlorine and inorganic compounds (as HCl)
10 000
—
—
84
1332-21-4
Asbestos
1
1
1
85
Cyanides (as total CN)
—
50
50
86
Fluorides (as total F)
—
2 000
2 000
87
Fluorine and inorganic compounds (as HF)
5 000
—
—
88
74-90-8
Hydrogen cyanide (HCN)
200
—
—
89
Particulate matter (PM
10
)
50 000
—
—
90
1806-26-4
Octylphenols and Octylphenol ethoxylates
—
1
—
91
206-44-0
Fluoranthene
—
1
—
92
465-73-6
Isodrin
—
1
—
93
36355-1-8
Hexabromobiphenyl
0,1
0,1
0,1
94
191-24-2
Benzo(g,h,i)perylene
1
(
1
)
  Unless otherwise specified, any pollutant specified in this Annex 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 CF
4
, C
2
F
6
, C
3
F
8
, C
4
F
10
, c-C
4
F
8
, C
5
F
12
, C
6
F
14
.
(
5
)
  Total mass of substances including their isomers listed in Group VIII of Annex I to Regulation (EC) No 1005/2009 of the European Parliament and of the Council of 16 September 2009 on substances that deplete the ozone layer (
OJ L 286, 31.10.2009, p. 1
).
(
6
)
  Total mass of substances including their isomers listed in Groups I and II of Annex I to Regulation (EC) No 1005/2009.
(
7
)
  Total mass of substances including their isomers listed in Groups III and VI of Annex I to Regulation (EC) No 1005/2009.
(
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
)
  For reporting releases to air, polycyclic aromatic hydrocarbons (PAHs) are to be measured as benzo(a)pyrene (50-32-8), benzo(b)fluoranthene (205-99-2), benzo(k)fluoranthene (207-08-9) and indeno(1,2,3-cd)pyrene (193-39-5) as specified in Regulation (EU) 2019/1021 of the European Parliament and of the Council of 20 June 2019 on persistent organic pollutants (
OJ L 169, 25.6.2019, p. 45
).
(
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).
ANNEX III
Correlation table
Regulation (EC) No 166/2006
This Regulation
Article 1
Article 1
Article 2, point (1)
Article 3, point (4)
Article 2, point (2)
Article 3, point (13)
Article 2, point (3)
Article 3, point (1)
Article 2, point (4)
Article 3, point (2)
Article 2, point (5)
Article 3, point (3)
Article 2, point (6)
Article 3, point (8)
Article 2, point (7)
Article 3, point (17)
Article 2, point (8)
Article 3, point (7)
Article 2, point (9)
Article 3, point (6)
Article 2, point (10)
Article 3, point (5)
Article 2, point (11)
Article 3, point (9)
Article 2, point (12)
Article 3, point (12)
Article 2, point (13)
Article 3, point (10)
Article 2, point (14)
Article 3, point (14)
Article 2, point (15)
Article 3, point (11)
Article 2, point (16)
Article 3, point (16)
Article 2, point (17)
Article 3, point (15)
Article 3, point (a)
Article 4(1), point (a)
Article 3, point (b)
Article 4(1), point (b)
Article 3, point (c)
Article 4(1), point (f)
Article 4(1)
Article 5(1)
Article 4(2)
Article 5(2)
Article 5(1), point (a)
Article 6(1), point (a)
Article 5(1), point (b)
Article 6(1), point (b)
Article 5(1), point (c)
Article 6(1), point (c)
Article 5(1), second subparagraph
—
Article 5(1), third subparagraph
Article 6(4)
Article 5(1), fourth subparagraph
Article 6(5)
Article 5(2)
Article 6(6)
Article 5(3)
Article 6(7)
Article 5(4)
—
Article 5(5)
Article 6(8)
Article 6
Article 6(1), point (b)
Article 7(1)
Article 6(10)
Article 7(2)
Article 7(1)
Article 7(3)
Article 7(2)
Article 8(1)
Article 8(1)
Article 8(2)
Article 8(2)
Article 8(3)
Article 8(3)
Article 9(1)
Article 9(1)
Article 9(2)
Article 9(2)
Article 9(3)
—
Article 9(4)
—
Article 10(1)
Article 10(1)
Article 10(2)
Article 10(2)
Article 11
Article 11
Article 12(1)
Article 12(1)
Article 12(2)
Article 12(2)
Article 12(3)
Article 12(3)
Article 13
—
Article 14
Article 13
Article 15
Article 14
Article 18
Article 15
Article 18a
Article 16
Article 19
Article 17
Article 20
Article 18
Article 21
—
Annex I
Annex I
Annex II
Annex II
ELI: http://data.europa.eu/eli/reg/2024/1244/oj
ISSN 1977-0677 (electronic edition)

Summary:
Reporting of environmental data from industrial installations and establishment of the Industrial Emissions Portal
SUMMARY OF:
Regulation (EU) 2024/1244 on reporting of environmental data from industrial installations, establishing an Industrial Emissions Portal
WHAT IS THE AIM OF THE REGULATION?
The 
European Union
’s (EU) Industrial Emissions Portal regulation (IEPR) aims to enhance public involvement in environmental decision-making processes and to track industrial pollution sources efficiently.
It establishes the 
Industrial Emissions Portal
, an online database that:
shares key data on the environmental impact of Europe’s largest industrial installations;
acts as a monitoring tool to help prevent and reduce environmental damage.
The 
regulation
 supports the EU’s commitment to the 
Aarhus Convention
, which promotes public access to environmental information, participation in decision-making and access to justice in environmental matters. It also implements the United Nations Economic Commission for Europe's 
Kyiv Protocol on Pollutant Release and Transfer Registers
.
KEY POINTS
Regulation (EU) 2024/1244 replaces Regulation (EC) 
No 
166/2006
, which established the European Pollutant Release and Transfer Register (see 
summary
). However, the older regulation will still be used for reporting data for the year 2026, with these data being published in 2027. Industrial operators will therefore submit their first reports under the new IEPR in 2028.
The portal offers 
free public access
 to environmental data and enables their dissemination. Users can search the data using various criteria, including pollutant type, location, affected environment, source facility, etc. This access builds awareness, enables the free exchange of views and allows the public to participate more effectively in decision-making, all contributing to a better environment. The whole dataset can be easily downloaded.
The portal content
 includes:
data on 
pollutant releases
 into the air and water and onto land and on off-site transfers of pollutants present in waste water and waste; the portal also tracks 94 pollutants listed in Annex II to the regulation, including greenhouse gases, heavy metals, pesticides, per- and polyfluoroalkyl substances and chlorinated organic substances;
data on 
energy, water and relevant raw material use
, along with 
contextual information
, such as operating hours and production levels;
information on 
activities
 listed in Annex I to the regulation, which are fully aligned with the scope of the revised 
industrial emissions directive
 (IED 2.0) and include the following sectors:
energy production,
metal production and processing,
mineral and chemical industries,
battery production,
waste and wastewater management,
paper and wood processing,
intensive livestock production and aquaculture,
food and beverage sector production, and
other activities such as textile production and leather tanning;
a 
dedicated dataset on emission trends
 (dust, nitrogen oxides and sulphur dioxide) and the energy input of 
large combustion plants
, presented at the national level;
a 
dedicated dataset
 showing 
pollutant transfers
;
where available, information on 
releases from 
diffuse sources
.
Main changes introduced by the IEPR
There is greater alignment with the revised IED 2.0. Reporting is now at the installation level, related to technological performance and to IED 2.0 permits. This helps support IED 2.0 implementation.
The IEPR allows the lists of activities in Annex I and of pollutants in Annex II to be updated in response to scientific progress and changes in EU environmental laws by means of 
delegated acts
 adopted by the 
European Commission
.
More data are available on energy, water and raw material consumption, along with contextual information on operators’ activities, giving the public a fuller picture of environmental impacts.
It sets out clear methods for determining releases and off-site transfers, thus improving data quality.
Reporting processes for the aquaculture and livestock sectors have been simplified to ease compliance.
How the IEPR works – annual reporting cycle
Industrial installation operators submit reports to their competent national authorities every year. These reports cover pollutant releases into the air and water and onto land and off-site transfers of pollutants present in waste water and waste, resource consumption and contextual data.
The national authorities collate and verify these data and transfer them electronically to the Commission within 11 months from the end of the reporting year.
The Commission, assisted by the 
European Environment Agency
, incorporates the information reported by the EU 
Member States
, Iceland, Liechtenstein, Norway, Serbia and Switzerland into the IEPR and publishes it within 1 month.
How the IEPR works – format, content and frequency of reporting
Implementing Decision (EU) 
2019/1741
 requires that:
Member States develop a designated electronic format for reporting purposes;
the necessary administrative details be delivered to the Commission no later than 30 September of the year following the reporting year;
detailed thematic information be submitted to the Commission by 30 November of the year following the reporting year.
This 
decision
, which introduced changes specific to the European Pollutant Release and Transfer Register (further to its amendment by Regulation (EU) 
2019/1010
), will be reviewed to incorporate changes introduced by the new IEPR.
Public participation
The regulation serves as a tool for fulfilling the Aarhus Convention, giving the public greater involvement in environmental decision-making.
Implementing and delegated acts
The Commission will adopt relevant delegated and 
implementing acts
 by the end of 2025 to enable the timely application of the new regulation.
FROM WHEN DOES THE REGULATION APPLY?
The regulation applies from 
1 January 2028
.
BACKGROUND
For further information, see:
Industrial Emissions Portal regulation (IEPR)
 (European Commission)
Introduction to the Kyiv Protocol on Pollutant Release and Transfer Registers
 (United Nations Economic Commission for Europe).
MAIN DOCUMENT
Regulation (EU) 
2024/1244
 of the European Parliament and of the Council of 
24 April 2024
 on reporting of environmental data from industrial installations, establishing an Industrial Emissions Portal and repealing Regulation (EC) 
No 166/2006
 (OJ L, 2024/1244, 
2.5.2024
).
RELATED DOCUMENTS
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
, 
pp. 115–127
).
Commission Implementing Decision (EU) 
2019/1741
 of 
23 September 2019
 establishing the format and frequency of data to be made available by the Member States for the purposes of reporting under Regulation (EC) 
No 166/2006
 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 (OJ L 267, 
21.10.2019
, 
pp. 3–8
).
Successive amendments to Implementing Decision (EU) 2019/1741 have been incorporated into the original text. This 
consolidated version
 is of documentary value only.
Council Decision 
2006/61/EC
 of 
2 December 2005
 on the conclusion, on behalf of the European Community, of the UN-ECE Protocol on Pollutant Release and Transfer Registers (OJ L 32, 
4.2.2006
, 
pp. 54–55
).
Protocol
 on Pollutant Release and Transfer Registers (OJ L 32, 
4.2.2006
, 
pp. 56–79
).
last update 
8.10.2024

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