Activities of Marisa MATIAS related to 2022/0105(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council on reporting of environmental data from industrial installations and establishing an Industrial Emissions Portal
Amendments (32)
Amendment 20 #
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on reporting of environmental data from industrial installationactivities and establishing an Industrial EmissionsPollution Prevention Tracker Portal (Text with EEA relevance)
Amendment 24 #
Proposal for a regulation
Recital 7
Recital 7
(7) In line with the conclusions of the Commission’s second report on implementation of Regulation (EC) No 166/2006, the Commission, supported by the European Environment Agency (‘the Agency’), developed in June 2021 an Industrial EmissionsPollution Prevention Tracker Portal (‘the Portal’)38 to replace the European Pollutant Release and Transfer Register and therefore improve synergies with reporting under Directive 2010/75/EU. _________________ 38 https://industry.eea.europa.eu/
Amendment 26 #
Proposal for a regulation
Recital 8
Recital 8
(8) The Portal should provide the public with free-of-charge and online access to a further 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 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. Therefore, the portal should facilitate public participation in environmental decision-making and contribute to the prevention and reduction of pollution of the environment.
Amendment 29 #
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 and downloads of query-based datasets.
Amendment 34 #
Proposal for a regulation
Recital 12
Recital 12
(12) In order to monitor the environmental performance of industrial installations, the data to be included in the Portal should cover, above quantitative thresholdswhen occurring, releases to the environment of certain pollutants, off-site transfers of waste water containing these pollutants and off-site transfers of waste.
Amendment 36 #
Proposal for a regulation
Recital 13
Recital 13
(13) The Portal should also include data on the use of water, energy and raw materials by the concerned installations to allowand its compliance and permitting information to allow and enhance public access to information and monitoring of progress towards a circular, highly resource-efficient economy.
Amendment 43 #
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 dangerous events or accidents that have led to releases or endagered the wellbeing of employees of the installation, in order to enable the contextualisation of reported data on pollutant releases and off-site transfers of waste and waste water and to improve work safety.
Amendment 49 #
Proposal for a regulation
Recital 17
Recital 17
Amendment 52 #
Proposal for a regulation
Recital 18
Recital 18
(18) 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 releases, off-site transfers of waste, off-site transfers of waste water and resource use. Operators should therefore be required to use, as a priority, measurement as the most accurate quantification method and, if not practicable, calculation, whereas estimation should only be used as a last resort.
Amendment 58 #
(21) Given the importance for the 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, not exceeding 1 month after the information has been generated. To that end, whereas the precise reporting deadline is to be established in an implementing act, it should be no later than 11 months after the end of the reporting year.
Amendment 74 #
Proposal for a regulation
Recital 31
Recital 31
(31) In order to ensure effective implementation of this Regulation, Member States should lay down rules on effective penalties applicable to its infringements with minimum conditions and should ensure that they are implemented in a way that ensures complience with this Regulation. The Commission should bianually assess the rules set by the Member States and, where appropriate, issue recommendations for further improvements. Member States should address the Commission’s recommendations.
Amendment 77 #
Proposal for a regulation
Recital 31 a (new)
Recital 31 a (new)
(31 a) The Eighth Environmental Action Programme holistically recognises the interconnections between human health, animal health and the environment through integration of the One Health approach in policy making. Therefore, the notion of One Health approach should be refleted in this Regulation.
Amendment 79 #
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 installationactivities and establishes an Industrial EmissionsPollution Prevention Tracker Portal (‘Portal’) at Union level in the form of an online database giving access to such data. The Portal shall enhance public access to information that would also facilitate public participation in environmental decision-making and contribute to the prevention and reduction of pollution of the environment notably through benchmarking and compliance promotion on industrial activities. It also contributes to enhancing work safety of industrial activities.
Amendment 99 #
Proposal for a regulation
Article 3 – paragraph 2 – introductory part
Article 3 – paragraph 2 – introductory part
2. The Portal shall include links totegrate performance data and other pollution prevention information of the following:
Amendment 102 #
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2 a. for activities under the scope of Directive 2010/75/EU, compliance and permitting information generated pursuant to that Directive.
Amendment 107 #
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,, assisted by the Agency, shall presenting the data in both aggregated and non- aggregated forms with a view to enabling searches and downloads of query-based datasets by:
Amendment 115 #
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1 (new)
Article 4 – paragraph 1 – subparagraph 1 (new)
(j) type of information item (e.g. permit or other compliance document, type of derogation); (k) status of decision making and activity status, with RSS feeds or other automatic notification features; (l) for permit conditions subject to BAT conclusions, the level of ambition compared to the set benchmark level with at least the following performance rating scales:stricter than the ambitious BAT- AE(P)L, 10% best in class level, mid- range BAT-AE(P)L level, upper range BAT-AE(P)L level, higher than BAT- AE(P)L level and whether a BAT derogation has been approved with associated level; (m) penalties pursuant to Article 79 Directive 2010/75/EU received by the operator; (n) compensation pursuant to Article 79a Directive 2010/75/EU paid by the operator; The installation or facility page shall provide all related information referred to under Article 3 and Article 5. Where the information is available in a stand-alone document, an electronic version of that document should also be accessible through an URL.
Amendment 122 #
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 conditionestablished with a view to satisfy at least the following purposes: (a) benchmarking of environmental performance of the activities, notably in regard to Best Available Techniques associated emissions and performance levels; (b) comparability of permit conditions in force; (c) identification of hot spots for further pollution prevention measures, trends of progress within Member States and their competent authorities as to pollution prevention/reduction at source; (d) promoting compliance with environmental quality standards and track record with relevant due diligence; (e) improving effective public access to information and participation in decision making. The Portal shall be designed for maximum ease of public access to allow the most user-friendly data for at least the above- mentioned purposes, to be continuously and readily publicly accessible on the internet. 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 126 #
Proposal for a regulation
Article 5 – title
Article 5 – title
Reporting by operators to competent authoritiesThe Portal
Amendment 131 #
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(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, when occurring;
Amendment 132 #
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 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 and the EU waste code(s). 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 140 #
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), of the portal including production volume, information generated pursuant to Directive 2010/75/EU, notably pursuant to its Article 14 and Article 24, number of employees, number of operating hours, and information on dangerous events or accidents that have lead to releases or endagered the wellbeing of employees of the installation;
Amendment 143 #
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1 (new)
Article 5 – paragraph 1 – subparagraph 1 (new)
Article 5 – paragraph 1 – point fa (new)
(f a) a description of the actions implemented to improve environmental performance and other actions to ensure compliance with benchmark reference standards and progress tracking on the items listed under Article 14a of Directive 2010/75/EU or other relevant environmental management systems.The reporting should include all the core environmental performance indicators as described in Annex IV of Regulation (EC) 1221/2009. The contextualisation of data referred to under point (e) shall take due account of the purpose pursued by the Portal, notably the promotion of benchmarking, efforts sharing and tracking progress in pollution prevention actions. Environmental performance and pollution prevention measures taken shall be comparable at sector and Union level.
Amendment 145 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
Amendment 147 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Operators shall obtain the data referred to in paragraph 1 by means of measurements, minimal calibration frequencies for monitoring devices and measurement uncertainty levels shall be aligned to state-of-the-art. When measurement uncertainty is applied, the level of the uncertainty level subtrated and an URL to the latest calibration report must be provided. Where measurement is not practicable, operators shallmay use calculation which is considered as scientifically reliable. Where neither measurement nor calculation is practicable, operators may obtain the data by estimation.
Amendment 167 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Each Member State shall make available to the public its data, reported in accordance with Article 5 and, where available, Article 7(1), in a continuous manner, free of charge and without restricting access to registered users.
Amendment 197 #
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Member States shall lay down the rules on penalties applicable to infringements of national measures adopted pursuant to 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 delay notify the Commission of those rules and of those measures and shall notify it without delay of any subsequent amendment affecting them. The Commission shall bianually asses the rules set by the Member States and, where appropriate, issue recommendations for further improvements. The Member State concerned shall take utmost account of the Commission’s recommendations and may revise its rules accordingly. If the Member State concerned does not address the opinion or a substantial part thereof, that Member State shall provide a justification to the Commission. The Commission recommendations and Member State justifications pursuant to the second sub-paragraph shall be made publicly available, in an easily accessible form.
Amendment 199 #
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. The penalties referred to in paragraph 1 shall include fines proportionate to the turnover of the legal person 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 direct and indirect benefits derived from that infringement. The level of the fines shall be gradually increased for repeated infringements. In the case of a violation committed by a legal person, the minimum amount of such fines shall be at least EUR 20,000 or at least 10 % of the operator’s annual global turnover of the preceding business year, whichever is higher. These penalties shall be calculated and applied independently from any remedial payments for environmental or other damage pursuant to Directive 2010/75/EU.
Amendment 201 #
Proposal for a regulation
Article 17 – paragraph 3 – point c
Article 17 – paragraph 3 – point c
(c) the population or the environment that was directly or indirectly affected by the infringement, bearing in mind the impact on the objective of achieving a high level of protection of human health and the environment, in accordance to the One Health approach.
Amendment 202 #
Proposal for a regulation
Article 17 – paragraph 3 – subparagraph 1 (new)
Article 17 – paragraph 3 – subparagraph 1 (new)
(d) the manner in which the violation became known to the competent authority, in particular whether, and if so to what extent and the time passed from the occurrence of the violation, the operator informed the competent authorities of the violation; (e) any relevant previous violations by the operator or of this activity; (f) any penalties previously received by the operator under this provision for the same violation; (g) any direct or indirect financial benefits gained, or direct or indirect losses avoided from the violation for the operator; (h) any other aggravating or mitigating factors applicable to the circumstances of the case.
Amendment 210 #
Proposal for a regulation
Article 17 – paragraph 3 a (new)
Article 17 – paragraph 3 a (new)
3 a. Member states shall use the amounts of financial penalties collected pursuant paragraph 2 of this Article in accordance to the criteria set out in Art. 10(3) of Directive 2003/87/EC and shall inform the Commission as to the use of revenues and the actions taken pursuant to this paragraph in their reports submitted under Decision No 280/2004/EC.
Amendment 218 #
Proposal for a regulation
ANNEX II
ANNEX II