Changes from report parliamentary committee draft to plenary report

AddedArticle 5 – paragraph 1 – point f c (new): (fc) the direct link to the permit referred to in Article 5(4) of Directive 2010/75/EU industrial emissions, as amended by Directive XX/XXXX of the Parliament and of the Council (COM(2022)156);

AddedArticle 5 – paragraph 1 – point f d (new): (fd) the direct link to the transformation plans provided for in Article 27d of Directive 2010/75/EU industrial emissions of, as amended by Directive XX/XXXX of the Parliament and of the Council (COM(2022)156);

AddedArticle 5 – paragraph 4: 4. Operators shall specify in the report 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, including the related measurement uncertainty.

AddedArticle 5 – paragraph 11: 11. Having regard to the requirements set out in Article 6, Member States shall determine a date by when operators shall provide the data referred to in this Article to its competent authority. Member States shall provide an electronic input form to the operator for the purposes of the reporting requirements established in this Article.

Article 5 – paragraph 11 a (new): 11a. Where, pursuant to Article 4(2) of the Directive 2010/75/EU, a permit covers two or more installations or parts of installations operated by the same operator on the same site, the operator may comply with the reporting requirements established in this Article by submitting in a single report all data related to such installations, or such parts of the installations, covered by the same permit.

Change 8

RemovedArticle 7 – paragraph 1: 1. The Commission, assisted by the Agency, shall include in the Portal relevant data on releases of pollutants from diffuse sources where such data exists and has already been reported by Member States.

AddedArticle 6 – paragraph 1: 1. Member States shall provide, each year, to the Commission, by electronic means, a report containing all the data referred to in Article 5, a direct link to the website of the competent authorities for public notices for each installation and a list of non-compliant installations pursuant to Article 79 of Directive 2010/75/EU in industrial emissions, as amended by Directive XX/XXXX of the Parliament and of the Council (COM(2022)156) following the final decision on the non-compliance issued by the competent judicial or administrative authority of the Member State concerned in accordance with national law, in a standardised format enabling searches and extractions, where possible and by a date 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). The reporting date shall be, in any case, no later than 11 months after the end of the reporting year.

RemovedArticle 10 – paragraph 1: When data is considered confidential by a Member State in accordance with Article 4(2) of Directive 2003/4/EC, the report referred to in Article 6(2) of this Regulation for the reporting year concerned shall indicate separately for each installation, or in a single report for a group of two or more installations or parts of installations in accordance to Article 5(11a) of this Regulation, which data cannot be made public and provide the reasons for this. Member States shall ensure that operators have the possibility of requesting confidential treatment of the data that are submitted.

AddedArticle 6 – paragraph 2 a (new): 2a. Member States shall also provide to the Commission and the Agency systematised information on the available scientific data as referred to in Article 79a of Directive 2010/75/EU on industrial emissions, as amended by Directive XX/XXXX of the Parliament and of the Council (COM(2022)156) . The Agency shall incorporate the data into the Portal after scrutinising the scientific reliability of the sources.

RemovedArticle 14 – paragraph 1 – introductory part: 1. The Commission is empowered to adopt delegated acts in accordance with Article 15 in order to amend Annex I to align it with the Protocol following the adoption of amendment to its annexes .

AddedArticle 8 – paragraph 2: 2. The competent authorities shall assess the quality of the data provided by the operators of the installations referred to in paragraph 1, in particular as to their accuracy, completeness, consistency and credibility. In the event of qualitative deficiencies being present in the data provided under Article 5, upon request by the competent authorities through electronic means, the operators of the installation concerned shall provide the corrected data to the competent authorities without delay.

RemovedArticle 14 – paragraph 1 – point a: deleted

AddedArticle 10 – paragraph 1: When data is considered confidential by a Member State in accordance with Article 4(2) of Directive 2003/4/EC, the report referred to in Article 6(2) of this Regulation for the reporting year concerned shall indicate separately for each installation, or in a single report for a group of two or more installations or parts of installations in accordance with Article 5(11a) of this Regulation, which data cannot be made public and provide the reasons for this. Member States shall ensure that operators have the possibility of objecting to the publication of such data in accordance with Article 3a of Directive 2010/75/EU industrial emissions, as amended by Directive XX/XXXX of the Parliament and of the Council (COM(2022)156) .

RemovedArticle 14 – paragraph 1 – point b: deleted

AddedArticle 11 – paragraph 2: 2. The public shall have the opportunity to submit comments, information, analyses and opinions within a reasonably long timeframe and in any of the official languages of the Union.

RemovedArticle 17 – paragraph 2: 2. The penalties referred to in paragraph 1 shall include fines proportionate to the turnover of the legal person in the Member State where the infringement has taken place or to the income of the natural person who has committed the infringement. The level of the fines shall be calculated in such a way as to make sure that they effectively deprive the person responsible for the infringement of the economic benefits derived from that infringement. The level of the fines shall be gradually increased for repeated infringements.

AddedArticle 12 – title: Guidance on implementation

AddedArticle 12 – paragraph 1 – introductory part: The Commission, assisted by the Agency, and after consulting the European pollutant release and transfer register (E-PRTR) expert group, shall draw up and periodically update guidance supporting the implementation of this Regulation, addressing at least the following:

AddedArticle 12 – paragraph 1 – point a: (a) standardised reporting procedures in the Union;

AddedArticle 13 – paragraph 1: Member States and the Commission shall promote public awareness of the Portal and understanding and use of the data contained in it in close cooperation with the public.

AddedArticle 14 – paragraph 2 – point d: (d) to add pollutants which have been added to the Annexes of the Protocol.

AddedArticle 14 – paragraph 2 a (new): 2a. By 31 December 2026, the Commission shall review Annex II to this Regulation based on the criteria referred to in this Article and the substances listed in Annex II to Directive 2010/75/EU. On the basis of such review, where appropriate, the Commission shall adopt a delegated act in accordance with Article 15 in order to amend Annex II to this Regulation.

AddedArticle 15 – paragraph 2: 2. The power to adopt delegated acts referred to in Article 7(3) and Article 14 shall be conferred on the Commission for a period of four years from … [Office of Publication: please insert the date = the date of entry into force of this Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the four-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.

AddedArticle 17 – paragraph 2: 2. The penalties referred to in paragraph 1 shall include fines proportionate to the turnover of the legal person in the Member State where the infringement has taken place or to the income of the natural person who committed the infringement. The level of the fines shall be calculated in such a way as to make sure that they effectively deprive the person responsible for the infringement of the economic benefits derived from that infringement. The level of the fines shall be gradually increased for repeated infringements.

AddedArticle 17 – paragraph 3 – point c a (new): (ca) any penalties previously received under this Article;

AddedAnnex II – footnote 12: (12) Total mass of the following brominated diphenylethers: penta-BDE, octa-BDE and deca-BDE, hepta-BDE, hexa-BDE, tetra-BDE.