This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Strasbourg, 18 January 2006.
For the European Parliament
The President
J. BORRELL FONTELLES
For the Council
The President
H. WINKLER
(1) Opinion of 6 April 2005 (not yet published in the Official Journal).
(2) Opinion of the European Parliament of 6 July 2005 (not yet published in the Official Journal) and Decision of the Council of 2 December 2005.
(3)
OJ L 242, 10.9.2002, p. 1.
(4)
OJ L 192, 28.7.2000, p. 36.
(5)
OJ L 184, 17.7.1999, p. 23.
(6)
OJ L 377, 31.12.1991, p. 20. Directive as amended by Directive 94/31/EC (OJ L 168, 2.7.1994, p. 28).
(7)
OJ L 257, 10.10.1996, p. 26. Directive as last amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).
(8)
OJ L 194, 25.7.1975, p. 39. Directive as last amended by Regulation (EC) No 1882/2003.
(9)
OJ L 135, 30.5.1991, p. 40. Directive as last amended by Regulation (EC) No 1882/2003.
(10)
OJ L 41, 14.2.2003, p. 26.
(11)
OJ L 145, 31.5.2001, p. 43.
ANNEX I
Activities
No
Activity
Capacity threshold
1.
Energy sector
(a)
Mineral oil and gas refineries
* (1)
(b)
Installations for gasification and liquefaction
*
(c)
Thermal power stations and other combustion installations
With a heat input of 50 megawatts (MW)
(d)
Coke ovens
*
(e)
Coal rolling mills
With a capacity of 1 tonne per hour
(f)
Installations for the manufacture of coal products and solid smokeless fuel
*
2.
Production and processing of metals
(a)
Metal ore (including sulphide ore) roasting or sintering installations
*
(b)
Installations for the production of pig iron or steel (primary or secondary melting) including continuous casting
With a capacity of 2,5 tonnes per hour
(c)
Installations for the processing of ferrous metals:
(i)
Hot-rolling mills
With a capacity of 20 tonnes of crude steel per hour
(ii)
Smitheries with hammers
With an energy of 50 kilojoules per hammer, where the calorific power used exceeds 20 MW
(iii)
Application of protective fused metal coats
With an input of 2 tonnes of crude steel per hour
(d)
Ferrous metal foundries
With a production capacity of 20 tonnes per day
(e)
Installations:
(i)
For the production of non-ferrous crude metals from ore, concentrates or secondary raw materials by metallurgical, chemical or electrolytic processes
*
(ii)
For the smelting, including the alloying, of non-ferrous metals, including recovered products (refining, foundry casting, etc.)
With a melting capacity of 4 tonnes per day for lead and cadmium or 20 tonnes per day for all other metals
(f)
Installations for surface treatment of metals and plastic materials using an electrolytic or chemical process
Where the volume of the treatment vats equals 30 m3
3.
Mineral industry
(a)
Underground mining and related operations
*
(b)
Opencast mining and quarrying
Where the surface of the area effectively under extractive operation equals 25 hectares
(c)
Installations for the production of:
(i)
Cement clinker in rotary kilns
With a production capacity of 500 tonnes per day
(ii)
Lime in rotary kilns
With a production capacity of 50 tonnes per day
(iii)
Cement clinker or lime in other furnaces
With a production capacity of 50 tonnes per day
(d)
Installations for the production of asbestos and the manufacture of asbestos-based products
*
(e)
Installations for the manufacture of glass, including glass fibre
With a melting capacity of 20 tonnes per day
(f)
Installations for melting mineral substances, including the production of mineral fibres
With a melting capacity of 20 tonnes per day
(g)
Installations for the manufacture of ceramic products by firing, in particular roofing tiles, bricks, refractory bricks, tiles, stoneware or porcelain
With a production capacity of 75 tonnes per day, or with a kiln capacity of 4 m3 and with a setting density per kiln of 300 kg/m3
4.
Chemical industry
(a)
Chemical installations for the production on an industrial scale of basic organic chemicals, such as:
(i)
Simple hydrocarbons (linear or cyclic, saturated or unsaturated, aliphatic or aromatic)
(ii)
Oxygen-containing hydrocarbons such as alcohols, aldehydes, ketones, carboxylic acids, esters, acetates, ethers, peroxides, epoxy resins
(iii)
Sulphurous hydrocarbons
(iv)
Nitrogenous hydrocarbons such as amines, amides, nitrous compounds, nitro compounds or nitrate compounds, nitriles, cyanates, isocyanates
(v)
Phosphorus-containing hydrocarbons
(vi)
Halogenic hydrocarbons
(vii)
Organometallic compounds
(viii)
Basic plastic materials (polymers, synthetic fibres and cellulose-based fibres)
(ix)
Synthetic rubbers
(x)
Dyes and pigments
(xi)
Surface-active agents and surfactants
*
(b)
Chemical installations for the production on an industrial scale of basic inorganic chemicals, such as:
(i)
Gases, such as ammonia, chlorine or hydrogen chloride, fluorine or hydrogen fluoride, carbon oxides, sulphur compounds, nitrogen oxides, hydrogen, sulphur dioxide, carbonyl chloride
(ii)
Acids, such as chromic acid, hydrofluoric acid, phosphoric acid, nitric acid, hydrochloric acid, sulphuric acid, oleum, sulphurous acids
(iii)
Bases, such as ammonium hydroxide, potassium hydroxide, sodium hydroxide
(iv)
Salts, such as ammonium chloride, potassium chlorate, potassium carbonate, sodium carbonate, perborate, silver nitrate
(v)
Non-metals, metal oxides or other inorganic compounds such as calcium carbide, silicon, silicon carbide
*
(c)
Chemical installations for the production on an industrial scale of phosphorous-, nitrogen- or potassium-based fertilisers (simple or compound fertilisers)
*
(d)
Chemical installations for the production on an industrial scale of basic plant health products and of biocides
*
(e)
Installations using a chemical or biological process for the production on an industrial scale of basic pharmaceutical products
*
(f)
Installations for the production on an industrial scale of explosives and pyrotechnic products
*
5.
Waste and wastewater management
(a)
Installations for the recovery or disposal of hazardous waste
Receiving 10 tonnes per day
(b)
Installations for the incineration of non-hazardous waste in the scope of Directive 2000/76/EC of the European Parliament and of the Council of 4 December 2000 on the incineration of waste (2)
With a capacity of 3 tonnes per hour
(c)
Installations for the disposal of non-hazardous waste
With a capacity of 50 tonnes per day
(d)
Landfills (excluding landfills of inert waste and landfills, which were definitely closed before 16.7.2001 or for which the after-care phase required by the competent authorities according to Article 13 of Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste (3) has expired)
Receiving 10 tonnes per day or with a total capacity of 25 000 tonnes
(e)
Installations for the disposal or recycling of animal carcasses and animal waste
With a treatment capacity of 10 tonnes per day
(f)
Urban waste-water treatment plants
With a capacity of 100 000 population equivalents
(g)
Independently operated industrial waste-water treatment plants which serve one or more activities of this annex
With a capacity of 10 000 m3 per day (4)
6.
Paper and wood production and processing
(a)
Industrial plants for the production of pulp from timber or similar fibrous materials
*
(b)
Industrial plants for the production of paper and board and other primary wood products (such as chipboard, fibreboard and plywood)
With a production capacity of 20 tonnes per day
(c)
Industrial plants for the preservation of wood and wood products with chemicals
With a production capacity of 50 m3 per day
7.
Intensive livestock production and aquaculture
(a)
Installations for the intensive rearing of poultry or pigs
(i)
With 40 000 places for poultry
(ii)
With 2 000 places for production pigs (over 30 kg)
(iii)
With 750 places for sows
(b)
Intensive aquaculture
With a production capacity of 1 000 tonnes of fish or shellfish per year
8.
Animal and vegetable products from the food and beverage sector
(a)
Slaughterhouses
With a carcass production capacity of 50 tonnes per day
(b)
Treatment and processing intended for the production of food and beverage products from:
(i)
Animal raw materials (other than milk)
With a finished product production capacity of 75 tonnes per day
(ii)
Vegetable raw materials
With a finished product production capacity of 300 tonnes per day (average value on a quarterly basis)
(c)
Treatment and processing of milk
With a capacity to receive 200 tonnes of milk per day (average value on an annual basis)
9.
Other activities
(a)
Plants for the pre-treatment (operations such as washing, bleaching, mercerisation) or dyeing of fibres or textiles
With a treatment capacity of 10 tonnes per day
(b)
Plants for the tanning of hides and skins
With a treatment capacity of 12 tonnes of finished product per day
(c)
Installations for the surface treatment of substances, objects or products using organic solvents, in particular for dressing, printing, coating, degreasing, waterproofing, sizing, painting, cleaning or impregnating
With a consumption capacity of 150 kg per hour or 200 tonnes per year
(d)
Installations for the production of carbon (hard-burnt coal) or electro-graphite by means of incineration or graphitisation
*
(e)
Installations for the building of, and painting or removal of paint from ships
With a capacity for ships 100 m long
(1) An asterisk (*) indicates that no capacity threshold is applicable (all facilities are subject to reporting).
(2)
OJ L 332, 28.12.2000, p. 91.
(3)
OJ L 182, 16.7.1999, p. 1. Directive as amended by Regulation (EC) No 1882/2003.
(4) The capacity threshold shall be reviewed by 2010 at the latest in the light of the results of the first reporting cycle.
ANNEX II
Pollutants (*1)
No
CAS number
Pollutant (1)
Threshold for releases
(column 1)
to air
(column 1a)
kg/year
to water
(column 1b)
kg/year
to land
(column 1c)
kg/year
1
74-82-8
Methane (CH4)
100 000
— (2)
—
2
630-08-0
Carbon monoxide (CO)
500 000
—
—
3
124-38-9
Carbon dioxide (CO2)
100 million
—
—
4
Hydro-fluorocarbons (HFCs) (3)
100
—
—
5
10024-97-2
Nitrous oxide (N2O)
10 000
—
—
6
7664-41-7
Ammonia (NH3)
10 000
—
—
7
Non-methane volatile organic compounds (NMVOC)
100 000
—
—
8
Nitrogen oxides (NOx/NO2)
100 000
—
—
9
Perfluorocarbons (PFCs) (4)
100
—
—
10
2551-62-4
Sulphur hexafluoride (SF6)
50
—
—
11
Sulphur oxides (SOx/SO2)
150 000
—
—
12
Total nitrogen
—
50 000
50 000
13
Total phosphorus
—
5 000
5 000
14
Hydrochlorofluorocarbons (HCFCs) (5)
1
—
—
15
Chlorofluorocarbons (CFCs) (6)
1
—
—
16
Halons (7)
1
—
—
17
Arsenic and compounds (as As) (8)
20
5
5
18
Cadmium and compounds (as Cd) (8)
10
5
5
19
Chromium and compounds (as Cr) (8)
100
50
50
20
Copper and compounds (as Cu) (8)
100
50
50
21
Mercury and compounds (as Hg) (8)
10
1
1
22
Nickel and compounds (as Ni) (8)
50
20
20
23
Lead and compounds (as Pb) (8)
200
20
20
24
Zinc and compounds (as Zn) (8)
200
100
100
25
15972-60-8
Alachlor
—
1
1
26
309-00-2
Aldrin
1
1
1
27
1912-24-9
Atrazine
—
1
1
28
57-74-9
Chlordane
1
1
1
29
143-50-0
Chlordecone
1
1
1
30
470-90-6
Chlorfenvinphos
—
1
1
31
85535-84-8
Chloro-alkanes, C10-C13
—
1
1
32
2921-88-2
Chlorpyrifos
—
1
1
33
50-29-3
DDT
1
1
1
34
107-06-2
1,2-dichloroethane (EDC)
1 000
10
10
35
75-09-2
Dichloromethane (DCM)
1 000
10
10
36
60-57-1
Dieldrin
1
1
1
37
330-54-1
Diuron
—
1
1
38
115-29-7
Endosulphan
—
1
1
39
72-20-8
Endrin
1
1
1
40
Halogenated organic compounds (as AOX) (9)
—
1 000
1 000
41
76-44-8
Heptachlor
1
1
1
42
118-74-1
Hexachlorobenzene (HCB)
10
1
1
43
87-68-3
Hexachlorobutadiene (HCBD)
—
1
1
44
608-73-1
1,2,3,4,5,6-hexachlorocyclohexane(HCH)
10
1
1
45
58-89-9
Lindane
1
1
1
46
2385-85-5
Mirex
1
1
1
47
PCDD + PCDF (dioxins + furans) (as Teq) (10)
0,0001
0,0001
0,0001
48
608-93-5
Pentachlorobenzene
1
1
1
49
87-86-5
Pentachlorophenol (PCP)
10
1
1
50
1336-36-3
Polychlorinated biphenyls (PCBs)
0,1
0,1
0,1
51
122-34-9
Simazine
—
1
1
52
127-18-4
Tetrachloroethylene (PER)
2 000
10
—
53
56-23-5
Tetrachloromethane (TCM)
100
1
—
54
12002-48-1
Trichlorobenzenes (TCBs) (all isomers)
10
1
—
55
71-55-6
1,1,1-trichloroethane
100
—
—
56
79-34-5
1,1,2,2-tetrachloroethane
50
—
—
57
79-01-6
Trichloroethylene
2 000
10
—
58
67-66-3
Trichloromethane
500
10
—
59
8001-35-2
Toxaphene
1
1
1
60
75-01-4
Vinyl chloride
1 000
10
10
61
120-12-7
Anthracene
50
1
1
62
71-43-2
Benzene
1 000
200
(as BTEX) (11)
200
(as BTEX) (11)
63
Brominated diphenylethers (PBDE) (12)
—
1
1
64
Nonylphenol and Nonylphenol ethoxylates (NP/NPEs)
—
1
1
65
100-41-4
Ethyl benzene
—
200
(as BTEX) (11)
200
(as BTEX) (11)
66
75-21-8
Ethylene oxide
1 000
10
10
67
34123-59-6
Isoproturon
—
1
1
68
91-20-3
Naphthalene
100
10
10
69
Organotin compounds(as total Sn)
—
50
50
70
117-81-7
Di-(2-ethyl hexyl) phthalate (DEHP)
10
1
1
71
108-95-2
Phenols (as total C) (13)
—
20
20
72
Polycyclic aromatic hydrocarbons (PAHs) (14)
50
5
5
73
108-88-3
Toluene
—
200
(as BTEX) (11)
200
(as BTEX) (11)
74
Tributyltin and compounds (15)
—
1
1
75
Triphenyltin and compounds (16)
—
1
1
76
Total organic carbon (TOC) (as total C or COD/3)
—
50 000
—
77
1582-09-8
Trifluralin
—
1
1
78
1330-20-7
Xylenes (17)
—
200
(as BTEX) (11)
200
(as BTEX) (11)
79
Chlorides (as total Cl)
—
2 million
2 million
80
Chlorine and inorganic compounds (as HCl)
10 000
—
—
81
1332-21-4
Asbestos
1
1
1
82
Cyanides (as total CN)
—
50
50
83
Fluorides (as total F)
—
2 000
2 000
84
Fluorine and inorganic compounds (as HF)
5 000
—
—
85
74-90-8
Hydrogen cyanide (HCN)
200
—
—
86
Particulate matter (PM10)
50 000
—
—
87
1806-26-4
Octylphenols and Octylphenol ethoxylates
—
1
—
88
206-44-0
Fluoranthene
—
1
—
89
465-73-6
Isodrin
—
1
—
90
36355-1-8
Hexabromobiphenyl
0,1
0,1
0,1
91
191-24-2
Benzo(g,h,i)perylene
1
(*1) Releases of pollutants falling into several categories of pollutants shall be reported for each of these categories.
(1) Unless otherwise specified any pollutant specified in Annex II shall be reported as the total mass of that pollutant or, where the pollutant is a group of substances, as the total mass of the group.
(2) A hyphen (—) indicates that the parameter and medium in question do not trigger a reporting requirement.
(3) Total mass of hydrogen fluorocarbons: sum of HFC23, HFC32, HFC41, HFC4310mee, HFC125, HFC134, HFC134a, HFC152a, HFC143, HFC143a, HFC227ea, HFC236fa, HFC245ca, HFC365mfc.
(4) Total mass of perfluorocarbons: sum of CF4, C2F6, C3F8, C4F10, c-C4F8, C5F12, C6F14.
(5) Total mass of substances including their isomers listed in Group VIII of Annex I to Regulation (EC) No 2037/2000 of the European Parliament and of the Council of 29 June 2000 on substances that deplete the ozone layer (OJ L 244, 29.9.2000, p. 1). Regulation as amended by Regulation (EC) No 1804/2003 (OJ L 265, 16.10.2003, p. 1).
(6) Total mass of substances including their isomers listed in Group I and II of Annex I to Regulation (EC) No 2037/2000.
(7) Total mass of substances including their isomers listed in Group III and VI of Annex I to Regulation (EC) No 2037/2000.
(8) All metals shall be reported as the total mass of the element in all chemical forms present in the release.
(9) Halogenated organic compounds which can be adsorbed to activated carbon expressed as chloride.
(10) Expressed as I-TEQ.
(11) Single pollutants are to be reported if the threshold for BTEX (the sum parameter of benzene, toluene, ethyl benzene, xylenes) is exceeded.
(12) Total mass of the following brominated diphenylethers: penta-BDE, octa-BDE and deca-BDE.
(13) Total mass of phenol and simple substituted phenols expressed as total carbon.
(14) Polycyclic aromatic hydrocarbons (PAHs) are to be measured for reporting of releases to air as benzo(a)pyrene (50-32-8), benzo(b)fluoranthene (205-99-2), benzo(k)fluoranthene (207-08-9), indeno(1,2,3-cd)pyrene (193-39-5) (derived from Regulation (EC) No 850/2004 of the European Parliament and of the Council of 29 April 2004 on persistent organic pollutants (OJ L 229, 29.6.2004, p. 5)).
(15) Total mass of tributyltin compounds, expressed as mass of tributyltin.
(16) Total mass of triphenyltin compounds, expressed as mass of triphenyltin.
(17) Total mass of xylene (ortho-xylene, meta-xylene, para-xylene).
ANNEX III
Format for the reporting of release and transfer data by Member States to the Commission
Reference year
Identification of the facility
Name of the parent company
Name of the facility
Identification number of facility
Street address
Town/village
Postal code
Country
Coordinates of the location
River basin district (1)
NACE-code (4 digits)
Main economic activity
Production volume (optional)
Number of installations (optional)
Number of operating hours in year (optional)
Number of employees (optional)
Text field for textual information or website address delivered by facility or parent company (optional)
All Annex I activities of the facility (according to the coding system given in Annex I and the IPPC code where available)
Activity 1 (main Annex I activity)
Activity 2
Activity N
Release data to air for the facility for each pollutant exceeding threshold value (according to Annex II)
Releases to air
Pollutant 1
Pollutant 2
Pollutant N
M: measured; Analytical Method used
C: calculated; Calculation Method used
E: estimated
T: Total
in kg/year
A: accidental
in kg/year
Release data to water for the facility for each pollutant exceeding threshold value (according to Annex II)
Releases to water
Pollutant 1
Pollutant 2
Pollutant N
M: measured; Analytical Method used
C: calculated; Calculation Method used
E: estimated
T: Total
in kg/year
A: accidental
in kg/year
Release data to land for the facility for each pollutant exceeding threshold value (according to Annex II)
Releases to land
Pollutant 1
Pollutant 2
Pollutant N
M: measured; Analytical Method used
C: calculated; Calculation Method used
E: estimated
T: Total
in kg/year
A: accidental
in kg/year
Off-site transfer of each pollutant destined for waste-water treatment in quantities exceeding threshold value (according to Annex II)
Pollutant 1
Pollutant 2
Pollutant N
M: measured; Analytical Method used
C: calculated; Calculation Method used
E: estimated
in kg/year
Off-site transfers of hazardous waste for the facility exceeding threshold value (according to Article 5)
Within the country:
For Recovery (R)
M: measured; Analytical Method used
C: calculated; Calculation Method used
E: estimated
in tonnes/year
Within the country:
For Disposal (D)
M: measured; Analytical Method used
C: calculated; Calculation Method used
E: estimated
in tonnes/year
To other countries:
For Recovery (R)
Name of the recoverer
Address of the recoverer
Address of actual recovery site receiving the transfer
M: measured; Analytical Method used
C: calculated; Calculation Method used
E: estimated
in tonnes/year
To other countries:
For Disposal (D)
Name of the disposer
Address of the disposer
Address of actual disposal site receiving the transfer
M: measured; Analytical Method used
C: calculated; Calculation Method used
E: estimated
in tonnes/year
Off-site transfer of non-hazardous waste for the facility exceeding threshold value (according to Article 5)
For Recovery (R)
M: measured; Analytical Method used
C: calculated; Calculation Method used
E: estimated
in tonnes/year
For Disposal (D)
M: measured; Analytical Method used
C: calculated; Calculation Method used
E: estimated
in tonnes/year
Competent authority for requests of the public:
Name
Street address
Town/village
Telephone No
Fax No
E-mail address
(1) According to Article 3(1) of Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ L 327, 22.12.2000, p. 1). Directive as amended by Decision No 2455/2001/EC (OJ L 331, 15.12.2001, p. 1).