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 EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, 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 Committee1,

After consulting the Committee of the Regions,

Acting in accordance with the procedure laid down in Article 251 of the Treaty2,

Whereas:

(1)
The Sixth Community Environment Action Programme adopted by Decision No 1600/2002/EC of the European Parliament and of the Council3 requires supporting the provision of accessible information to citizens on the state and trends of the environment in relation to social, economic and health trends as well as the general raising of environmental awareness.
(2)

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

(3)

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

(4)

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

(5)

On 21 May 2003 the European Community signed the UNECE Protocol on Pollutant Release and Transfer Registers (hereinafter ‘the Protocol’). Provisions of Community law should be consistent with that Protocol with a view to its conclusion by the Community.

(6)
A European Pollutant Emission Register (hereinafter ‘EPER’) was established by Commission Decision 2000/479/EC4. 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.
(7)

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

(8)

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 raising of environmental awareness, the European PRTR should contain links to other similar databases in Member States, non-Member States and international organisations.

(9)

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.

(10)

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.

(11)

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, consistency and credibility. It is of great importance to coordinate future efforts of both operators and Member States to improve the quality of the reported data. The Commission will therefore initiate work, together with the Member States, on quality assurance.

(13)

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, primarily 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 Community legislation.

(15)

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

(16)

In order to enhance the usefulness and impact of the European PRTR, the Commission and the Member States should cooperate in developing guidance supporting the implementation of the European PRTR, in promoting awareness of the public and in providing appropriate and timely technical assistance.

(17)
The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission5.
(18)

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 sufficiently 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 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 that objective.

(19)
In order to simplify and streamline reporting requirements, Council Directive 91/689/EEC of 12 December 1991 on hazardous waste6 and Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control7 should be amended.
(20)

The European PRTR aims, among other things, at informing 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.

(21)

To reduce duplicate reporting, pollutant release and transfer 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,

HAVE ADOPTED THIS REGULATION:

Article 1Subject matter

This Regulation establishes an integrated pollutant release and transfer register F1for the United Kingdom (hereinafter ‘the F2United Kingdom 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 2Definitions

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

  1. (1)

    ‘the public’ means one or more natural or legal persons, and, in accordance with national legislation or practice, their associations, organisations or groups;

  2. (2)

    ‘competent authority’ means the national authority or authorities, or any other competent body or bodies, designated by the F3appropriate authority;

  3. (3)

    ‘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;

  4. (4)

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

  5. (5)

    ‘site’ means the geographical location of the facility;

  6. (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. (7)

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

  8. (8)

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

  9. (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. (10)

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

  11. (11)

    ‘off-site transfer’ means the movement beyond the boundaries of a facility of waste destined for recovery or disposal and of pollutants in F4urban waste water destined for waste-water treatment;

  12. (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. (13)

    F5“waste” has the meaning given—

    1. (a)

      in relation to England and Wales, in regulation 2(1) of the Environmental Permitting (England and Wales) Regulations 2016;

    2. (b)

      in relation to Scotland, in regulation 2(1) of the Pollution Prevention and Control (Scotland) Regulations 2012;

    3. (c)

      in relation to Northern Ireland, in regulation 2(1) of the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013;

  14. (14)

    F6“hazardous waste” has the meaning given—

    1. (a)

      in relation to England and Wales, in regulation 6 of the Hazardous Waste (England and Wales) Regulations 2005;

    2. (b)

      in relation to Scotland, in regulation 2(1) of the Pollution Prevention and Control (Scotland) Regulations 2012;

    3. (c)

      in relation to Northern Ireland, in regulation 2(1) of the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013;

  15. (15)

    F7“urban waste water” has the meaning given—

    1. (a)

      in relation to England and Wales, in regulation 2(1) of the Urban Waste Water Treatment (England and Wales) Regulations 1994;

    2. (b)

      in relation to Scotland, in regulation 2(1) of the Urban Waste Water Treatment (Scotland) Regulations 1994;

    3. (c)

      in relation to Northern Ireland, in regulation 2(1) of the Urban Waste Water Treatment Regulations (Northern Ireland) 2007;

  16. (16)

    F8“disposal” has the meaning given—

    1. (a)

      in relation to England and Wales, in regulation 2(1) of the Environmental Permitting (England and Wales) Regulations 2016;

    2. (b)

      in relation to Scotland, in regulation 2(1) of the Waste Management Licensing (Scotland) Regulations 2011;

    3. (c)

      in relation to Northern Ireland, in regulation 1(3) of the Waste Management Licensing Regulations (Northern Ireland) 2003;

  17. (17)

    F9“recovery” has the meaning given—

    1. (a)

      in relation to England and Wales, in regulation 2(1) of the Environmental Permitting (England and Wales) Regulations 2016;

    2. (b)

      in relation to Scotland, in regulation 2(1) of the Waste Management Licensing (Scotland) Regulations 2011;

    3. (c)

      in relation to Northern Ireland, in regulation 1(3) of the Waste Management Licensing Regulations (Northern Ireland) 2003;

  18. (18)

    F10“appropriate authority” means—

    1. (a)

      in relation to England, the Secretary of State;

    2. (b)

      in relation to Wales, the Welsh Ministers;

    3. (c)

      in relation to Scotland, the Scottish Ministers;

    4. (d)

      in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs.

  19. (19)

    A reference in Annex 3 to a provision of a Directive is to be read as a reference to that provision in so far as it has been transposed into the law of any part of the United Kingdom.

Article 3Content of the F11United Kingdom PRTR

The F11United Kingdom PRTR shall include information on:

  1. (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;

  2. (b)

    off-site transfers of waste referred to in Article 5(1)(b) and of pollutants in F12urban 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;

  3. (c)

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

Article 4Design and structure

1.

The F13Secretary of State shall publish the F14United Kingdom PRTR, presenting the data in both aggregated and non-aggregated forms, so that releases and transfers can be searched for and identified by:

(a)

facility, including the facility's parent company where applicable, and its geographical location, including the river basin;

(b)

activity;

F15(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 F16urban waste water;

(h)

diffuse sources;

(i)

facility owner or operator.

2.

The F17United Kingdom 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 Internet 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 F18United Kingdom PRTR shall include links to the following:

F19(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

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

(c)

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

Article 5Reporting by operators F20and competent authority duties

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 estimation, of the following:

(a)

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

(b)

off-site transfers of hazardous waste exceeding 2 tonnes per year or of non hazardous waste exceeding 2 000 tonnes per year, for any operations of recovery 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 F21urban waste water destined for waste-water treatment for which the threshold value specified in Annex II, column 1b is exceeded.

F22The operator of each facility that undertakes one or more of the activities specified in Annex I, above the applicable capacity thresholds specified therein, F23must send to its competent authority the information identifying the facility in accordance with the format referred to in F24Decision (EU) 2019/1741 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 calculation 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.

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.

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

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 monitoring data, emission factors, mass balance equations, indirect monitoring or other calculations, engineering judgements and other methods in line with Article 9(1) and in accordance with internationally approved methodologies, where these are available.

5.

The operator of each facility concerned shall keep available for the competent authorities of the F25appropriate authority 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.

F26(6.

A competent authority must provide all necessary information to its appropriate authority to ensure that the obligations placed upon the appropriate authority in this Regulation can be met.

Article 6Releases to land

Waste which is subject to ‘land treatment’ or ‘deep injection’ disposal operations, as specified in Annex F271 to Directive 2008/98/EC, shall be reported as a release to land only by the operator of the facility originating the waste.

Article 7Reporting by F28appropriate authorities

1.

The F28appropriate authorities 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.

F292.

Appropriate authorities outside England and the competent authority in England must provide, each year, to the Secretary of State a report containing all the data referred to in Article 5(1) and (2) in the format and by the dates set out in Decision (EU) 2019/1741. The reporting date shall be, in any case, no later than 11 months after the end of the reporting year.

F303.

The Secretary of State must incorporate the data reported by the appropriate authorities outside England and the data provided by the competent authority in England into the United Kingdom PRTR within one month of receiving complete reports provided in accordance with paragraph 2.

Article 8Releases from diffuse sources

1.

The F31Secretary of State, shall include in the F32United Kingdom PRTR information on releases from diffuse sources where such information exists and has already been reported by the F33appropriate authorities outside England or by the competent authority in England.

2.

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

F343.

Where it determines that no data on the releases from diffuse sources exist the appropriate authority may, by regulations, make provision for the purpose of this Regulation regarding reporting on releases of relevant pollutants from one or more diffuse sources using, where appropriate, internationally approved methodologies.

Article 9Quality assurance and assessment

1.

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

2.

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

F353.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4.

The F36appropriate authority may, by regulations, make provision in respect of the monitoring and reporting of emissions F37for the purpose of this Regulation. These F38regulations must be in accordance with internationally approved methodologies, where appropriateF39....

Article 10Access to information

1.

The F40Secretary of State, shall make the F41United Kingdom PRTR publicly accessible by dissemination free of charge on the Internet F42....

2.

Where the information contained in the F43United Kingdom PRTR is not easily accessible to the public by direct electronic means, F44... the F45appropriate authorities shall facilitate electronic access to the F43United Kingdom PRTR in publicly accessible locations.

F22Article 11Confidentiality

Whenever information is considered confidential by F46an appropriate authority in accordance with Article 4 of Directive 2003/4/EC of the European Parliament and of the Council10, F47in so far as that provision has been transposed into domestic law, the report referred to in Article 7(2) of this Regulation for the reporting year concerned shall indicate separately for each facility which information cannot be made public and provide the reasons for this.

Article 12Public participation

1.

The F48Secretary of State, with the assistance of the other appropriate authorities shall provide the public with early and effective opportunities to participate in the further development of the F49United Kingdom PRTR, including capacity-building and the preparation of amendments to this Regulation.

2.

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

3.

The F50appropriate authorities shall take due account of such input and shall inform the public about the outcome of the public participation.

F51Article 13Access to justice

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F52Article 14Guidance document

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 15Awareness raising

The F53Secretary of State shall promote awareness of the public of the F54United Kingdom PRTR and shall ensure that assistance is provided in accessing the F54United Kingdom PRTR and in understanding and using the information contained in it.

F55Article 16F55Additional information to be reported by the Member States

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F55Article 17Review by the Commission

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F56Article 18Amendment of Annex 2

The Secretary of State may, by regulations, amend Annex 2 for the following purposes—

(a)

to adapt it to scientific or technical progress;

(b)

to adapt it as a result of the adoption by the Meeting of the Parties to the Protocol of any amendment to the Annexes to the Protocol.

F57Article 18aExercise of the delegation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F58Article 19Regulations

(1.

Regulations made by the Secretary of State or the Welsh Ministers under this Regulation are to be made by statutory instrument.

(2.

For regulations made by the Scottish Ministers under this Regulation, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010.

(3.

Any power of the Department of Agriculture, Environment and Rural Affairs to make regulations under this Regulation is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.

(4.

A statutory instrument containing regulations made by the Secretary of State under this Regulation is subject to annulment in pursuance of a resolution of either House of Parliament.

(5.

A statutory instrument containing regulations made by the Welsh Ministers under this Regulation is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

(6.

Regulations made by the Scottish Ministers under this Regulation are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).

(7.

Regulations made by the Department of Agriculture, Environment and Rural Affairs under this Regulation are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were a statutory instrument within the meaning of that Act.

(8.

Such regulations may—

(a)

contain consequential, incidental, supplementary, transitional or saving provision (including provision amending, repealing or revoking enactments (which has the meaning given by section 20(1) of the European Union (Withdrawal) Act 2018));

(b)

make different provision for different purposes.

(9.

For the purposes of regulations made under Article 8(3) or 9(4), the Secretary of State is the appropriate authority if consent is given by—

(a)

for regulations applying in relation to Wales, the Welsh Ministers;

(b)

for regulations applying in relation to Scotland, the Scottish Ministers;

(c)

for regulations applying in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs.

(10.

The Secretary of State may only make regulations for the purposes of Article 18 in relation to the whole of the United Kingdom.

(11.

The Secretary of State may not make regulations in accordance with paragraph 10 without the consent of—

(a)

in relation to Wales, the Welsh Ministers;

(b)

in relation to Scotland, the Scottish Ministers;

(c)

in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs.

(12.

Where any of the parties mentioned in paragraph 11(a) to (c) requests that the Secretary of State make regulations under this Regulation, the Secretary of State must have regard to that request.

F59Article 20Penalties

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F60Article 21Amendments to Directives 91/689/EEC and 96/61/EC

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F61Article 22Entry into force

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F62....

ANNEX IActivities

No

Activity

Capacity threshold

1.

Energy sector

(a)

Mineral oil and gas refineries

*13

(b)

Installations for gasification and liquefaction

*

(c)

Thermal power stations and other combustion installations

With a heat input of 50 megawatts (MW)

(d)

Coke ovens

*

(e)

Coal rolling mills

With a capacity of 1 tonne per hour

(f)

Installations for the manufacture of coal products and solid smokeless fuel

*

2.

Production and processing of metals

(a)

Metal ore (including sulphide ore) roasting or sintering installations

*

(b)

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

With a capacity of 2,5 tonnes per hour

(c)

Installations for the processing of ferrous metals:

(i)

Hot-rolling mills

With a capacity of 20 tonnes of crude steel per hour

(ii)

Smitheries with hammers

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

(iii)

Application of protective fused metal coats

With an input of 2 tonnes of crude steel per hour

(d)

Ferrous metal foundries

With a production capacity of 20 tonnes per day

(e)

Installations:

(i)

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

*

(ii)

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

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

(f)

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

Where the volume of the treatment vats equals 30 m3

3.

Mineral industry

(a)

Underground mining and related operations

*

(b)

Opencast mining and quarrying

Where the surface of the area effectively under extractive operation equals 25 hectares

(c)

Installations for the production of:

(i)

Cement clinker in rotary kilns

With a production capacity of 500 tonnes per day

(ii)

Lime in rotary kilns

With a production capacity of 50 tonnes per day

(iii)

Cement clinker or lime in other furnaces

With a production capacity of 50 tonnes per day

(d)

Installations for the production of asbestos and the manufacture of asbestos-based products

*

(e)

Installations for the manufacture of glass, including glass fibre

With a melting capacity of 20 tonnes per day

(f)

Installations for melting mineral substances, including the production of mineral fibres

With a melting capacity of 20 tonnes per day

(g)

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

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

4.

Chemical industry

(a)

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

  1. (i)

    Simple hydrocarbons (linear or cyclic, saturated or unsaturated, aliphatic or aromatic)

  2. (ii)

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

  3. (iii)

    Sulphurous hydrocarbons

  4. (iv)

    Nitrogenous hydrocarbons such as amines, amides, nitrous compounds, nitro compounds or nitrate compounds, nitriles, cyanates, isocyanates

  5. (v)

    Phosphorus-containing hydrocarbons

  6. (vi)

    Halogenic hydrocarbons

  7. (vii)

    Organometallic compounds

  8. (viii)

    Basic plastic materials (polymers, synthetic fibres and cellulose-based fibres)

  9. (ix)

    Synthetic rubbers

  10. (x)

    Dyes and pigments

  11. (xi)

    Surface-active agents and surfactants

*

(b)

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

  1. (i)

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

  2. (ii)

    Acids, such as chromic acid, hydrofluoric acid, phosphoric acid, nitric acid, hydrochloric acid, sulphuric acid, oleum, sulphurous acids

  3. (iii)

    Bases, such as ammonium hydroxide, potassium hydroxide, sodium hydroxide

  4. (iv)

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

  5. (v)

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

*

(c)

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

*

(d)

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

*

(e)

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

*

(f)

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

*

5.

Waste and wastewater management

(a)

Installations for the recovery or disposal of hazardous waste

Receiving 10 tonnes per day

(b)

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 waste14

With a capacity of 3 tonnes per hour

(c)

Installations for the disposal of non-hazardous waste

With a capacity of 50 tonnes per day

(d)

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 waste15 has expired)

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

(e)

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)

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

With a capacity of 10 000 m3 per day16

6.

Paper and wood production and processing

(a)

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

*

(b)

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

With a production capacity of 20 tonnes per day

(c)

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

With a production capacity of 50 m3 per day

7.

Intensive livestock production and aquaculture

(a)

Installations for the intensive rearing of poultry or pigs

  1. (i)

    With 40 000 places for poultry

  2. (ii)

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

  3. (iii)

    With 750 places for sows

(b)

Intensive aquaculture

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

8.

Animal and vegetable products from the food and beverage sector

(a)

Slaughterhouses

With a carcass production capacity of 50 tonnes per day

(b)

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

(i)

Animal raw materials (other than milk)

With a finished product production capacity of 75 tonnes per day

(ii)

Vegetable raw materials

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

(c)

Treatment and processing of milk

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

9.

Other activities

(a)

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

(b)

Plants for the tanning of hides and skins

With a treatment capacity of 12 tonnes of finished product per day

(c)

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

With a consumption capacity of 150 kg per hour or 200 tonnes per year

(d)

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

*

(e)

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

With a capacity for ships 100 m long

13

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

15

OJ L 182, 16.7.1999, p. 1. Directive as amended by Regulation (EC) No 1882/2003.

16

The capacity threshold shall be reviewed by 2010 at the latest in the light of the results of the first reporting cycle.

ANNEX IIPollutants17

No

CAS number

Pollutant18

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 (CH4)

100 000

—19

—

2

630-08-0

Carbon monoxide (CO)

500 000

—

—

3

124-38-9

Carbon dioxide (CO2)

100 million

—

—

4

Hydro-fluorocarbons (HFCs)20

100

—

—

5

10024-97-2

Nitrous oxide (N2O)

10 000

—

—

6

7664-41-7

Ammonia (NH3)

10 000

—

—

7

Non-methane volatile organic compounds (NMVOC)

100 000

—

—

8

Nitrogen oxides (NOx/NO2)

100 000

—

—

9

Perfluorocarbons (PFCs)21

100

—

—

10

2551-62-4

Sulphur hexafluoride (SF6)

50

—

—

11

Sulphur oxides (SOx/SO2)

150 000

—

—

12

Total nitrogen

—

50 000

50 000

13

Total phosphorus

—

5 000

5 000

14

Hydrochlorofluorocarbons (HCFCs)22

1

—

—

15

Chlorofluorocarbons (CFCs)23

1

—

—

16

Halons24

1

—

—

17

Arsenic and compounds (as As)25

20

5

5

18

Cadmium and compounds (as Cd)25

10

5

5

19

Chromium and compounds (as Cr)25

100

50

50

20

Copper and compounds (as Cu)25

100

50

50

21

Mercury and compounds (as Hg)25

10

1

1

22

Nickel and compounds (as Ni)25

50

20

20

23

Lead and compounds (as Pb)25

200

20

20

24

Zinc and compounds (as Zn)25

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, C10-C13

—

1

1

32

2921-88-2

Chlorpyrifos

—

1

1

33

50-29-3

DDT

1

1

1

34

107-06-2

1,2-dichloroethane (EDC)

1 000

10

10

35

75-09-2

Dichloromethane (DCM)

1 000

10

10

36

60-57-1

Dieldrin

1

1

1

37

330-54-1

Diuron

—

1

1

38

115-29-7

Endosulphan

—

1

1

39

72-20-8

Endrin

1

1

1

40

Halogenated organic compounds (as AOX)26

—

1 000

1 000

41

76-44-8

Heptachlor

1

1

1

42

118-74-1

Hexachlorobenzene (HCB)

10

1

1

43

87-68-3

Hexachlorobutadiene (HCBD)

—

1

1

44

608-73-1

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

10

1

1

45

58-89-9

Lindane

1

1

1

46

2385-85-5

Mirex

1

1

1

47

PCDD + PCDF (dioxins + furans) (as Teq)27

0,0001

0,0001

0,0001

48

608-93-5

Pentachlorobenzene

1

1

1

49

87-86-5

Pentachlorophenol (PCP)

10

1

1

50

1336-36-3

Polychlorinated biphenyls (PCBs)

0,1

0,1

0,1

51

122-34-9

Simazine

—

1

1

52

127-18-4

Tetrachloroethylene (PER)

2 000

10

—

53

56-23-5

Tetrachloromethane (TCM)

100

1

—

54

12002-48-1

Trichlorobenzenes (TCBs) (all isomers)

10

1

—

55

71-55-6

1,1,1-trichloroethane

100

—

—

56

79-34-5

1,1,2,2-tetrachloroethane

50

—

—

57

79-01-6

Trichloroethylene

2 000

10

—

58

67-66-3

Trichloromethane

500

10

—

59

8001-35-2

Toxaphene

1

1

1

60

75-01-4

Vinyl chloride

1 000

10

10

61

120-12-7

Anthracene

50

1

1

62

71-43-2

Benzene

1 000

200

(as BTEX)28

200

(as BTEX)28

63

Brominated diphenylethers (PBDE)29

—

1

1

64

Nonylphenol and Nonylphenol ethoxylates (NP/NPEs)

—

1

1

65

100-41-4

Ethyl benzene

—

200

(as BTEX)28

200

(as BTEX)28

66

75-21-8

Ethylene oxide

1 000

10

10

67

34123-59-6

Isoproturon

—

1

1

68

91-20-3

Naphthalene

100

10

10

69

Organotin compounds(as total Sn)

—

50

50

70

117-81-7

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

10

1

1

71

108-95-2

Phenols (as total C)30

—

20

20

72

Polycyclic aromatic hydrocarbons (PAHs)31

50

5

5

73

108-88-3

Toluene

—

200

(as BTEX)28

200

(as BTEX)28

74

Tributyltin and compounds32

—

1

1

75

Triphenyltin and compounds33

—

1

1

76

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

—

50 000

—

77

1582-09-8

Trifluralin

—

1

1

78

1330-20-7

Xylenes34

—

200

(as BTEX)28

200

(as BTEX)28

79

Chlorides (as total Cl)

—

2 million

2 million

80

Chlorine and inorganic compounds (as HCl)

10 000

—

—

81

1332-21-4

Asbestos

1

1

1

82

Cyanides (as total CN)

—

50

50

83

Fluorides (as total F)

—

2 000

2 000

84

Fluorine and inorganic compounds (as HF)

5 000

—

—

85

74-90-8

Hydrogen cyanide (HCN)

200

—

—

86

Particulate matter (PM10)

50 000

—

—

87

1806-26-4

Octylphenols and Octylphenol ethoxylates

—

1

—

88

206-44-0

Fluoranthene

—

1

—

89

465-73-6

Isodrin

—

1

—

90

36355-1-8

Hexabromobiphenyl

0,1

0,1

0,1

91

191-24-2

Benzo(g,h,i)perylene

1

18

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.

19

A hyphen (—) indicates that the parameter and medium in question do not trigger a reporting requirement.

20

Total mass of hydrogen fluorocarbons: sum of HFC23, HFC32, HFC41, HFC4310mee, HFC125, HFC134, HFC134a, HFC152a, HFC143, HFC143a, HFC227ea, HFC236fa, HFC245ca, HFC365mfc.

21

Total mass of perfluorocarbons: sum of CF4, C2F6, C3F8, C4F10, c-C4F8, C5F12, C6F14.

22

Total mass of substances including their isomers listed in Group VIII of Annex I to Regulation (EC) No 2037/2000 of the European Parliament 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).

23

Total mass of substances including their isomers listed in Group I and II of Annex I to Regulation (EC) No 2037/2000.

24

Total mass of substances including their isomers listed in Group III and VI of Annex I to Regulation (EC) No 2037/2000.

25

All metals shall be reported as the total mass of the element in all chemical forms present in the release.

26

Halogenated organic compounds which can be adsorbed to activated carbon expressed as chloride.

27

Expressed as I-TEQ.

28

Single pollutants are to be reported if the threshold for BTEX (the sum parameter of benzene, toluene, ethyl benzene, xylenes) is exceeded.

29

Total mass of the following brominated diphenylethers: penta-BDE, octa-BDE and deca-BDE.

30

Total mass of phenol and simple substituted phenols expressed as total carbon.

31

Polycyclic aromatic hydrocarbons (PAHs) are to be measured for reporting of releases to air as benzo(a)pyrene (50-32-8), benzo(b)fluoranthene (205-99-2), benzo(k)fluoranthene (207-08-9), indeno(1,2,3-cd)pyrene (193-39-5) (derived from 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)).

32

Total mass of tributyltin compounds, expressed as mass of tributyltin.

33

Total mass of triphenyltin compounds, expressed as mass of triphenyltin.

34

Total mass of xylene (ortho-xylene, meta-xylene, para-xylene).

F55ANNEX IIIF55Format for the reporting of release and transfer data by Member States to the Commission

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