European Pollutant Release and Transfer Register Regulation

Introduction

Regulation (EC) No 166/2006, commonly known as the E-PRTR Regulation, establishes the European Pollutant Release and Transfer Register. It is a central legislative instrument implementing the UNECE Protocol on Pollutant Release and Transfer Registers within the European Community. The regulation creates a publicly accessible electronic database containing data on the release of pollutants to air, water, and land, as well as off-site transfers of waste and pollutants in wastewater.

Main Goal

The primary objective of the regulation is to enhance public access to environmental information, facilitate public participation in environmental decision-making, and contribute to the prevention and reduction of environmental pollution by ensuring transparency regarding industrial emissions.

Who It Applies To

The regulation applies to operators of industrial facilities that fall into specific categories and exceed capacity thresholds. These facilities are defined as "installations" or "facilities" under the regulation.

Applicability Criteria

Reporting is required if a facility:

• Undertakes one or more activities listed in Annex I (e.g., energy, metal production, mineral industry, chemical industry, waste management).
• Exceeds the capacity thresholds specified in Annex I for those activities.
• Releases pollutants or transfers waste exceeding the specific pollutant thresholds listed in Annex II.

Key Dates

• Date Proposed: October 7, 2004
• Date Published: February 4, 2006
• Entry into Force: February 24, 2006
• Reporting Frequency: Annual (ongoing)
• Last Updated (in context): January 1, 2020

Key Provisions

• Establishment of the E-PRTR: A public electronic database maintained by the Commission and the European Environment Agency (EEA).
• Scope of Data: Covers 91 distinct pollutants, including greenhouse gases, heavy metals, pesticides, and chlorinated organic substances.
• Public Access: The register must be free of charge and publicly accessible on the Internet.
• Quality Assurance: Operators must assure the quality of data; Competent Authorities must assess completeness, consistency, and credibility.

Obligations & Requirements

Operators of applicable facilities have the following obligations:

1. Data Collection: Collect data on releases to air, water, and land, and off-site transfers of waste/wastewater with appropriate frequency.
2. Annual Reporting: Report amounts annually to the national competent authority if they exceed Annex II thresholds.
   • Releases: To air, water, and land.
   • Off-site transfers: Hazardous waste (>2 tonnes/year) and non-hazardous waste (>2,000 tonnes/year).
3. Methodology: Indicate whether data is based on measurement, calculation, or estimation, and report the methodology used.
4. Record Keeping: Keep records of data sources for five years.

Exemptions

• Facilities not listed in Annex I or those below the capacity thresholds in Annex I are exempt.
• Facilities that do not exceed the pollutant release/transfer thresholds in Annex II for a specific reporting year do not need to report for that specific pollutant.
• Confidentiality: Member States may withhold specific information if it adversely affects commercial confidentiality, national defense, or public security (in line with Directive 2003/4/EC), though reasons must be provided.

Affected Sectors & Activities

The regulation covers a wide range of industrial activities (Annex I), including:

• Energy Sector: Refineries, thermal power stations, coke ovens.
• Metal Production: Roasting, sintering, pig iron/steel production, ferrous/non-ferrous processing.
• Mineral Industry: Cement, lime, glass, ceramics, mining.
• Chemical Industry: Organic/inorganic chemicals, fertilizers, biocides, pharmaceuticals, explosives.
• Waste Management: Hazardous waste recovery, incineration, landfills, wastewater treatment.
• Paper & Wood: Pulp, paper, board production, wood preservation.
• Intensive Livestock: Poultry and pig rearing, aquaculture.
• Food & Beverage: Slaughterhouses, milk processing, food production.

Penalties

Member States are required to lay down rules on penalties applicable to infringements of the Regulation. These penalties must be effective, proportionate, and dissuasive. Member States were required to notify these provisions to the Commission one year after the entry into force of the Regulation.