35 Amendments of Martin HOJSÍK related to 2022/0105(COD)
Amendment 28 #
Proposal for a regulation
Recital 9
Recital 9
(9) The Portal should present the data it contains in aggregated and non-aggregated forms to permit users to undertake targeted searches. in a user-friendly manner. It should improve information sharing, promote environmental benchmarking, observe and compare trends of environmental performance of installantions, and facilitate pollution prevention efforts.
Amendment 42 #
Proposal for a regulation
Recital 15
Recital 15
(15) Operators of installations should also report information concerning the production volume, number of employees and operating hours of the concerned installation as well as information on accidents that have led to releases, in order to enable the contextualisation of reported data on pollutant releases and off-site transfers of waste and waste water and other relevant information which should enable installations´ comparison and tracking of necessary progress.
Amendment 47 #
Proposal for a regulation
Recital 16
Recital 16
(16) The overall benefit of the Portal for access to environmental information concerning industrial installations should be maximised by including links to other information flows that stem from Union environmental legislation on climate change, air, water, soil and land protection and on waste management, including reporting under Directive 2012/18/EU of the European Parliament and of the Council41 , Directive 2008/98/EC of the European Parliament and of the Council42 and Directive 2010/75/EU. It should display information expressed in identical format as in the permits under Directive 2010/75/EU and provide data on the level of ambition of the permits compared to the BAT conclusions. Moreover, in order to maximise the Portal’s value to users, it should be designed to facilitate future integration with all other relevant environmental data and their flows. _________________ 41 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). 42 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).
Amendment 54 #
Proposal for a regulation
Recital 20
Recital 20
(20) In order to ensure uniform conditions for the implementation of the provisions of this Regulation regarding reporting by operators and 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 of the European Parliament and of the Council43 . _________________ 43 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).
Amendment 59 #
Proposal for a regulation
Recital 22
Recital 22
(22) Where appropriate, tThe Portal should also facilitate access to information on releases from diffuse sources and be interoperable with other relevant databases, such as the SCIP database, the product passport database within the Sustainable Products Regulation, Seveso III Directive reporting, in order to enable decision- makers to better put into context those releases and to choose the most effective and appropriate solution for pollution reduction.
Amendment 60 #
Proposal for a regulation
Recital 23
Recital 23
(23) Data reported by the Member States and operators electronically 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.
Amendment 63 #
Proposal for a regulation
Recital 24
Recital 24
(24) Public access to environmental information reported by Member States should be unrestricted and strictly limited exceptions from this rule should only be possible in accordance with Directive 2003/4/EC of the European Parliament and of the Council44 or with Regulation (EC) No 1049/2001 of the European Parliament and of the Council45 , as appropriate. _________________ 44 Directive 2003/4/EC of the European Parliament and of the Council on access to environmental information and repealing Council Directive 90/313/EEC (OJ L 41, 14.2.2003, p. 26). 45 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).
Amendment 65 #
Proposal for a regulation
Recital 25
Recital 25
(25) Public participation should be ensured in further development of the Portal by providing early, regular and effective opportunities to submit comments, information, analysis and opinions for the decision-making process.
Amendment 66 #
Proposal for a regulation
Recital 26
Recital 26
(26) In order to enhance the usefulness and impact of the Portal, the Commission, supported by the Agency, should facilitate harmonisation of electronic data and develop guidance supporting the implementation of this Regulation.
Amendment 68 #
Proposal for a regulation
Recital 27
Recital 27
(27) It should be possible for the Commission to update and if necessary broaden the list of industrial or agricultural activities in relation to which reporting requirements apply. The Commission should therefore be empowered to adopt delegated acts in accordance with Article 290 of the Treaty amending Annex I to this Regulation to add activities that have, or are expected to have, an impact on health or the environment and to align the Annex with amendments to the Protocol.
Amendment 80 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation implements the UNECE Protocol on Pollutant Release and Transfer Registers (‘the Protocol’) by laying down rules on the collection and reporting of environmental data on industrial installations and establishes an Industrial Emissions Portal (‘Portal’) at Union level in the form of an online database giving access to such data and serving to assess compliance with the obligations laid down in Directive (EU).../….[recast IED].
Amendment 81 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation implements the UNECE Protocol on Pollutant Release and Transfer Registers (‘the Protocol’) by laying down rules on the collection and reporting of environmental data on industrial installations and establishes an Industrial Emissions Portal (‘Portal’) at Union level in the form of an online accessible database giving improved access to such data with the aim to achieve the goal of zero pollution by 2050.
Amendment 88 #
Proposal for a regulation
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
1. The Portal shall include data in the format that allows for a successful automated data extraction and comparability thereof on:
Amendment 90 #
Proposal for a regulation
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
1. The Portal shall include dataharmonized data at installation level on:
Amendment 91 #
Proposal for a regulation
Article 3 – paragraph 1 – point c a (new)
Article 3 – paragraph 1 – point c a (new)
(c a) summary of the permit pursuant Article 5(4) of Directive (EU) .../….[recast IED];
Amendment 92 #
Proposal for a regulation
Article 3 – paragraph 1 – point d a (new)
Article 3 – paragraph 1 – point d a (new)
(d a) list of non-compliant installations pursuant Article 8 of Directive (EU) .../….[recast IED];
Amendment 93 #
Proposal for a regulation
Article 3 – paragraph 1 – point d b (new)
Article 3 – paragraph 1 – point d b (new)
(d b) environmental reports on the EMS pursuant Article 14a of Directive (EU).../….[recast IED];
Amendment 97 #
Proposal for a regulation
Article 3 – paragraph 2 – introductory part
Article 3 – paragraph 2 – introductory part
2. The Portal shall include links tosufficient data, including on activities under the scope of Directive 2010/75/EC, based on the following:
Amendment 101 #
Proposal for a regulation
Article 3 – paragraph 2 – point b
Article 3 – paragraph 2 – point b
(b) other existing publicly accessible registers, databases or websites, established at Member State or Union level, that provide access to thein the format that allows for a successful automated data extraction and comparability of data to the environmental reporting requirements laid down in Article 14a of Directive (EU).../….[recast IED] and reporting requirements set out in Union legislation on climate change, air, water and land protection, and on waste management.
Amendment 106 #
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. The Commission shall make the Portal publicly accessible, presenting the data in both aggregated and non- aggregated forms with a view to enabling searches and automated data extraction by:
Amendment 112 #
Proposal for a regulation
Article 4 – paragraph 1 – point f
Article 4 – paragraph 1 – point f
(f) off-site transfers of waste and, as appropriate, their destination, disaggregated by the type of the relevant R or D codes and differentiated by the respective EU Waste code;
Amendment 116 #
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1 (new)
Article 4 – paragraph 1 – subparagraph 1 (new)
In accordance with the requirements of Directive 95/46/EC, where personal data is concerned, the Member States shall inform the beneficiaries of their rights under the data protection rules and of the procedures applicable for exercising those rights.
Amendment 124 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The Portal shall be designed for maximum ease of public access to allow the data, under normal operating conditions, to be continuously and readily accessible on the internet, to improve public participation in decision- making, to allow for benchmarking of environmental performance of the activities and to track progress related to pollution prevention, and to allow check of compliance. 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 previous ten reporting years.
Amendment 129 #
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. The operator of each installation that undertakes one or more of the activities specified in Annex I, which meet the applicable capacity thresholds specified in that Annex, shall report at least annually, to its competent authority, the following data, unless that data is already available to the competent authority:
Amendment 134 #
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) off-site transfers of hazardous waste exceeding 21 tonnes per year or of non-hazardous waste exceeding 21 000 tonnes per year, for any operations of recovery or disposal with the exception of the disposal operations of land treatment and deep injection disposal operations, as specified in Annex I to Directive 2008/98/EC, indicating with ‘R’ or ‘D’ respectively, indicated with their ‘R’ or ‘D’ codes, whether the waste is destined for recovery or disposal and, for transboundary movements of hazardous waste the respective ‘R’ or ‘D’ codes, the name and address of the recoverer or the disposer of the waste and the actual recovery or disposal 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;
Amendment 142 #
Proposal for a regulation
Article 5 – paragraph 1 – point e
Article 5 – paragraph 1 – point e
(e) information allowing contextualisation of the data reported under points (a) to (d), including production volume, number of employees, number of operating hours, and information on accidents that have led to releases;
Amendment 154 #
Proposal for a regulation
Article 5 – paragraph 11 a (new)
Article 5 – paragraph 11 a (new)
11 a. Operators shall report data of each installation they operate, in accordance with Article 4(2) of Directive 2010/75/EU.
Amendment 157 #
Proposal for a regulation
Article 6 – paragraph 1
Article 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 in a format enabling comparison, searches and automated data extraction 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.
Amendment 162 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Where it determines that no data on the releases from diffuse sources exist, tThe Commission is empowered to adopt delegated acts in accordance with Article 15 in order to supplement this Regulation by initiating reporting on releases of relevant pollutants from one or morerelevant diffuse sources using, where appropriate, internationally approved methodologies.
Amendment 168 #
Proposal for a regulation
Article 10 – paragraph 1
Article 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 which data cannot be made public and provide the reasons for this. Any information relating to environmental performance of an installation and impacts on the environment, including from consumption of resources, shall be regarded as non-confidential for which an overriding interest of disclosure under this Regulation exists.
Amendment 172 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Commission shall establish regular dialogues with all relevant stakeholders, including from non-governmental sector, and provide the public with early and effective opportunities to participate in the further development of the Portal, including capacity-building and the preparation of amendments to this Regulation.
Amendment 174 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The public shall have the opportunity to submit comments, information, analyses and opinions within a reasonablesufficiently long timeframe.
Amendment 191 #
(iv a) are of particular or emerging concern such as micropollutants or microplastics, including in its nano forms;
Amendment 195 #
Proposal for a regulation
Article 15 – paragraph 2
Article 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 fivthree 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 fivthree-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.
Amendment 217 #
Proposal for a regulation
ANNEX II
ANNEX II