(fra kommisjonsbeslutningen)

(1) Article 72(1) of Directive 2010/75/EU requires Member States to report, in an electronic format, information on the implementation of that Directive, on representative data on emissions and other forms of pollution, on emission limit values, on the application of best available techniques (BAT), and on progress made concerning the development and application of emerging techniques. 

(2) Commission Implementing Decision (EU) 2018/1135 ( 2 ) sets out the type, format and frequency of information relating to the years from 2017 that are to be made available by Member States for the purposes of reporting under Article 72(1) of Directive 2010/75/EU. In accordance with Article 1 of Implementing Decision (EU) 2018/1135, Member States are to make the information available using the harmonised electronic reporting tool provided by the Commission. 

(3) Pursuant to Article 72(2) of Directive 2010/75/EU, Implementing Decision (EU) 2018/1135 is to be updated whenever necessary and no later than 5 August 2026. Directive (EU) 2024/1785 of the European Parliament and of the Council3 amended Directive 2010/75/EU, and it is therefore necessary to align Implementing Decision (EU) 2018/1135 to those amendments. 

(4) Regulation (EU) 2024/1244 of the European Parliament and of the Council ( 4 ), which lays down rules on the collection and reporting of environmental data on industrial installations and establishes an Industrial Emissions Portal (the ‘Portal’) entered into force on 22 May 2024 and starts to apply on 1 January 2028. Under Article 4(1), point (c), of that Regulation, the Portal is to include the information on individual installations reported by the Member States to the Commission in accordance with Directive 2010/75/EU, in particular Article 72 of that Directive. 

(5) All industrial sectors covered by Directive 2010/75/EU fall within the scope of Annex I to Regulation (EU) 2024/1244. In order to reduce administrative burden, duplication of reporting should be avoided by aligning the rules relating to the reporting requirements under Article 72(1) of Directive 2010/75/EU with those set out in Commission Implementing Decision (2026/XXXX) [under development], which lays down the format for the reporting required from Member States pursuant to Article 6 of Regulation (EU) 2024/1244. In addition, in order to simplify and streamline the reporting under Directive 2010/75/EU and Regulation (EU) 2024/1244, the same reporting tool should be used for reporting under both acts. 

(6) In order to reduce the reporting burden on Member States, and since the administrative information required does not frequently change from year to year, the electronic reporting tool is to be prefilled by the European Environment Agency (EEA) from the second reporting year, for those fields which are also included in Annex I to Implementing Decision (2026/XXXX) [under development], based on the data reported by Member States in the first reporting year. In the subsequent years, the EEA is to base the prefilled data on the latest data submitted or otherwise validated by Member States. 

(7) For installations subject to Chapter II of Directive 2010/75/EU, more specific information should be provided on BAT conclusions to allow BAT conclusions on the main activity carried out at the installation to be differentiated from those conclusions on other activities carried out at the installation. 

(8) For installations subject to Chapter II of Directive 2010/75/EU, Member States should no longer be required to report whether a permit has been granted under Article 5 of that Directive, as the information on the URL where the permit is publicly accessible already ensures transparency. 

(9) To reduce the reporting burden, while ensuring reporting of important information related to non-compliance, the reporting should focus only on the most serious cases of non-compliance with permit conditions, leading to suspension of operations. Moreover, rather than reporting on the reconsideration of permit conditions, Member States should report on updated permit conditions, as this information is more useful. 

(10) As certain reporting requirements concerning large combustion plants covered by Chapter III of Directive 2010/75/EU already follow from Article 72(3) of that Directive, they should be deleted from Implementing Decision (EU) 2018/1135. In addition, reporting on temporary derogations under Articles 31 to 34 and Article 35 of Directive 2010/75/EU is no longer necessary, as those provisions are no longer in effect. 

(11) As, pursuant to Article 55(3) of Directive 2010/75/EU, the competent authority is to draw up and make publicly available a list of waste incineration and waste coincineration plants with a nominal capacity of less than 2 tonnes per hour, reporting on that list under Implementing Decision 2018/1135 is unnecessary.

(12) For installations covered by Chapter II of Directive 2010/75/EU, Member States should report on implementation of environmental management systems (EMS), which are designed to continuously improve the environmental performance of the installation and contain indicators based on benchmarks included in BAT conclusions. Given the high number of installations concerned, a balanced distribution of reporting efforts over time is necessary. Accordingly, the obligation to report information on EMS related to installations in energy-intensive sectors should apply from reporting year 2030 (information to be submitted in 2031). For all other sectors, the obligation should apply from reporting year 2033 (information to be submitted in 2034). 

(13) For installations covered by Chapter II of Directive 2010/75/EU, Member States should provide information as to whether a derogation from BAT-associated environmental performance levels under Article 15(6) of that Directive has been granted. That information is essential for the Commission’s assessment of the implementation of Directive 2010/75/EU, including in relation to the circular economy, and resource, energy and water efficiency. 

(14) Pursuant to Articles 27b and 27c of Directive 2010/75/EU, competent authorities may grant derogations aiming to encourage and support the testing and deployment of emerging techniques. Pursuant to Article 27e of Directive 2010/75/EU, competent authorities may grant derogations aiming at the deployment of deep industrial transformation. Article 27e of Directive 2010/75/EU requires that Member States inform the Commission at least once annually of derogations granted in accordance with that Article as part of the reporting obligations under Article 72 of that Directive. Member States should provide information as to whether the above-mentioned derogations have been granted, as this is essential information for the consideration of the dynamics of innovation, including emerging techniques, in the Commission’s report to the European Parliament and to the Council reviewing the implementation of Directive 2010/75/EU, as required by Article 73(1) of the Directive. 

(15) In view of the high number of installations rearing poultry and pigs, and to limit administrative burden, the information to be provided by Member States about installations rearing poultry and pigs should be as limited as possible and remain restricted to the administrative data necessary for identification and oversight of those installations. Beyond that, information on installations rearing poultry and pigs should be required only on the most serious cases of non-compliance leading to suspension of operations and publicly available permits or registers in accordance with Articles 70c and 70f of Directive 2010/75/EU. 

(16) As set out in Article 3(5) of Directive 2024/1785, in relation to installations rearing poultry and pigs and carrying out activities referred to in Annex Ia to Directive 2010/75/EU, Member States are to apply the laws, regulations and administrative provisions adopted in accordance with that Directive gradually based on the entry into force of the implementing act to be adopted by 1 September 2026 pursuant to Article 70i(2) of Directive 2010/75/EU. The reporting requirements for such installations should take effect following the same timeline as set out in Article 3(5) of Directive 2024/1785. To ensure continuity of reporting for such installations falling within the scope of Directive 2010/75/EU in the version in force on 3 August 2024, the reporting EN 4 EN requirements set out in Implementing Decision (EU) 2018/1135 should continue to apply until the new reporting requirements introduced by this Decision take effect. 

(17) To ensure coherent and timely implementation of the new reporting obligations, Member States should be granted sufficient time to adapt their national reporting frameworks. To minimise administrative burden, the application of this Decision should be aligned with the dates of application of Regulation (EU) 2024/1244 and with the related reporting requirements laid down in Implementing Decision (EU) 2026/XXXX. It should therefore apply from 1 January 2028, i.e. for reporting year 2027.

(18) The measures provided for in this Decision are in accordance with the opinion of the Committee established by Article 75 of Directive, 2010/75/EU.