(fra kommisjonsbeslutningen)

(1) Reporting of key environmental pressures generated by industrial installations is essential in order to enhance public access to information, thereby facilitating public participation in environmental decision-making as well as identifying sources of industrial pollution, and to enable industrial pollution to be monitored in order to contribute to its prevention and reduction. With this aim, in accordance with Regulation (EU) 2024/1244, an electronic and publicly available Industrial Emissions Portal (‘Portal’) is established. 

(2) In accordance with Article 7(1) of Regulation (EU) 2024/1244, and in order to ensure consistency and coherence of data provided by the Member States and to facilitate the exchange of information between the Member States and the Commission, the Commission establishes a format for this purpose. 

(3) Commission Implementing Decision (EU) 2019/17411 establishes the format and frequency of data to be made available by Member States for the purposes of reporting in accordance with Article 7(2) of Regulation (EC) No 166/2006. Regulation (EU) 2024/1244 repeals and replaces Regulation (EC) No 166/2006, since that Regulation needed to be substantially modified for reasons of regulatory effectiveness, legal certainty, clarity and transparency. Those modifications reflect the need to streamline reporting obligations by enhancing synergies with other Union environmental law on pollution from industrial installations and to provide additional contextual information. It is therefore necessary to replace the reporting format established by Implementing Decision (EU) 2019/1741 with a format adapted to the reporting obligations laid down in Regulation (EU) 2024/1244 and to repeal Implementing Decision (EU) 2019/1741. 

(4) Pursuant to Article 6(1), second subparagraph, the Commission establishes a list of relevant raw materials to be reported, which should be based on the best available techniques reference documents drawn up pursuant to Directive 2010/75/EU. The list of relevant raw materials should be limited to materials for which reporting is meaningful, feasible and relevant for assessing the environmental performance of the activities concerned. For water and energy, the units and formats should ensure comparable reporting across installations and Member States, taking account of the nature of the activities concerned. 

(5) To ensure efficient reporting in the format established by this Decision and to reduce the administrative burden for Member States, the electronic reporting templates containing fields set out in Annex I to this Decision will be pre-filled, from the second reporting year, on the basis of the information previously reported or validated by Member States. Since a large part of the required administrative and identification information is stable over time, such pre-filling should facilitate reporting while preserving the responsibility of the Member States to verify, update where necessary and submit the information required under this Decision. 

(6) To further simplify reporting and reduce the administrative burden to Member States, the reporting format should allow the River Basin District corresponding to each installation to be derived from the geographical coordinates reported for that installation and from the most recent valid River Basin District codes in the Water Information System for Europe (WISE). 

(7) As all industrial sectors covered by Directive 2010/75/EU fall within the scope of Annex I to Regulation (EU) 2024/1244, and pursuant to Article 4(1), point (c), and Recitals (6) and (8) of that Regulation, the Portal should incorporate the information reported under Directive 2010/75/EU, in particular information reported under Article 72 of that Directive. Since reporting under this Decision and under Implementing Decision (EU) 2018/1135 is carried out through the same electronic reporting tool, and to avoid double reporting and unnecessary administrative burden, the administrative information set out in Annex I to this Decision should be reported only where that information has not already been reported in accordance with Directive 2010/75/EU. 

(8) Since administrative information represent a core element of the data architecture of the Portal and reporting obligations on installations falling under the scope of Regulation (EU) 2024/1244 and Directive 2010/75/EU, and to ensure alignment with the reporting deadline in accordance with Commission Implementing Decision (EU) 2018/1135, it is appropriate to set an earlier date for reporting or validating this administrative information by Member States, as compared to thematic information. 

(9) To ensure proportionate and efficient reporting obligations for both Member States and operators, and that the information made available through the Portal is complete, interpretable and comparable, it is necessary to specify how Member States are to report cases where releases of pollutants to air, water or land, off-site transfers of pollutants in waste water or off-site transfers of waste do not exceed the applicable reporting thresholds laid down in Article 6(1), points (b) and (c), and Annex II to Regulation (EU) 2024/1244. For the first reporting year in which this Decision applies, Member States should report, together with the administrative data set out in Annex I to this Decision, whether those releases or transfers are below the applicable thresholds. For subsequent reporting years, Member States may either report that status every year or report it only the first time it is observed. Where national reporting systems require operators to report release or transfer values irrespective of whether the applicable thresholds are exceeded, values reported below those thresholds should be regarded as equivalent to a declaration that the releases or transfers are below the applicable thresholds, without requiring a separate declaration. 

(10) In order to ensure coherent implementation of the new reporting obligations in a timely manner, Member States should have sufficient time to adapt their national reporting frameworks. Member States should therefore be required to report information first for the reporting year 2027. Since reporting on the use of relevant raw materials requires specific adaptations to those frameworks and the collection of new information by operators, it is appropriate to provide for a later first reporting year for that information. 

(11) Regulation (EU) 2024/1244 provides for reporting at installation level, aiming to ensure synergies between the Portal and databases on environmental pressures from industrial installations and to ensure coherence with and support the implementation of Directive 2010/75/EU. Following this aim, it is necessary for installations rearing poultry and pigs that the timeline for which reporting is required is in alignment with the dates from which reporting obligations apply to those installations under the implementing measures adopted pursuant to Directive 2010/75/EU. This Decision therefore provides for a phased application of the reporting obligations for those installations. Installations rearing poultry and pigs which were already included within the scope of Regulation (EC) No 166/2006 on 1 May 2024 and Directive 2010/75/EU on 3 August 2024, will report from the reporting year 2027. 

(12) The measures provided for in this Decision are in accordance with the opinion of the Committee established by Article 17 of Regulation (EU) 2024/1244.