On 9 November 2009 the European Commission, assisted by the European Environment Agency, launched an online tracker, the European Pollutant Release and Transfer Register (E-PRTR). This provides the public with access to information on sites that release particular pollutants above particular thresholds (see further below). The information is provided on a site by site basis on releases of pollutants to air, water and land along with information on transfers of wastewater and waste from industrial facilities. In theory (but subject to important limitations), like for like facilities all over the EU can be compared.
The E-PRTR aims to act as a coherent and Europe-wide industrial release and transfers database for governments, regulators, policymakers and scientists. It will provide greater access and transparency to the public, NGOs and activists.
The E-PRTR covers 65 economic activities, including the energy, mineral, chemical, waste and water management, and food and beverage sectors. A link to the E-PRTR website is here.
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On 9 November 2009 the European Commission, assisted by the European Environment Agency, launched an online tracker, the European Pollutant Release and Transfer Register (E-PRTR). This provides the public with access to information on sites that release particular pollutants above particular thresholds (see further below). The information is provided on a site by site basis on releases of pollutants to air, water and land along with information on transfers of wastewater and waste from industrial facilities. In theory (but subject to important limitations), like for like facilities all over the EU can be compared.
The E-PRTR aims to act as a coherent and Europe-wide industrial release and transfers database for governments, regulators, policymakers and scientists. It will provide greater access and transparency to the public, NGOs and activists.
The E-PRTR covers 65 economic activities, including the energy, mineral, chemical, waste and water management, and food and beverage sectors. A link to the E-PRTR website is here.
Background
In 1998 the UNECE Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters, known as the Aarhus Convention came into force which provides for public access to information relating to the environment. A Protocol to the convention, on Pollutant Release and Transfer Registers, was adopted on 21 May 2003. Regulation (EC) No 166/2006 E-PRTR of the European Parliament and of the Council dated 18 January 2006 (the "Regulation") implements and extends the PRTR Protocol by requiring reporting on 5 additional pollutants and imposing lower thresholds for another 6 pollutants. The E-PRTR replaces a previous European Pollutants Emission Register and is more comprehensive in cover.
Information on the register
Some 24,000 facilities, covering 65 economic activities, based in the 27 EU Member States, Iceland, Liechtenstein and Norway, are required to submit data to the relevant authority in their country on the following:
- Releases to air, water and land of any of the 91 E-PRTR pollutants set out in the Regulation
- Off-site transfers of any of the 91 E-PRTR pollutants in waste water destined for waste-water treatment outside the facility and
- Off-site transfers of waste (reported as tonnes per year) for recovery or disposal.
The data should represent the total annual emission releases during normal operations and take into account accidental emission releases. It has been noted that information on releases from diffuse sources into water will be upgraded and extended gradually.
The 91 pollutants detailed in the register, fall within 7 groups comprising greenhouse gases, other gases, heavy metals, pesticides, chlorinated organic substances, other organic substances and inorganic substances. Releases of any of the listed pollutants into the environment as a result of any human activity, whether deliberate, accidental, routine or non-routine, at the facility must be reported.
The obligation to report
Operators of the regulated facilities are subject to the Regulation and are required to provide competent authorities with the best available data on their facilities' pollutant releases and transfers, on an annual basis. The respective authorities compile and check the quality of the reported data. Then the data is provided to the European Commission and the European Environment Agency for compilation and verification and is ultimately published on the E-PRTR website. Data may be withheld as confidential by a Member State (and the other nations referred to above) in accordance with the Regulation.
The requirement to report releases and transfers is only evoked if the emissions of a facility are above the activity and pollutant thresholds set out in the Regulation. Where an installation produces emissions above the specified thresholds, it must subsequently report its releases against each relevant pollutant.
A facility has to report data under E-PRTR if it fulfils the following criteria:
- The facility falls under at least one of the 65 E-PRTR economic activities
- The facility has a capacity exceeding at least one of the E-PRTR capacity thresholds (a maximum level which is specific to each activity) and
- The facility releases pollutants or transfers waste off-site which exceed specific thresholds set out in the Regulation.
Where data needs to be measured or calculated, the methodologies set out in the E-PRTR should be followed. If errors are found after data has been submitted, reporting Member States etc have the option to correct the data reported.
Limitations
The E-PRTR covers data reported by 30 Countries and collected from a wide range of sectors and from more than 24,000 sources. As such, there should be reservations as to the completeness and comparability of the data. Undoubtedly there will be attempts to compare facilities. Like for like facilities may be comparable but the real questions in any such comparison will relate to whether the facilities are like for like, rather than relating to the quantum and type of emissions.
The data will also not appear in real time. There will be considerable delay. The first report issued in 2009 covers emissions data from 2007. The next report in 2010 will cover data for the year 2008. From 2010, the data available will be updated in April each year.
This article was written for Law-Now, CMS Cameron McKenna's free online information service. To register for Law-Now, please go to www.law-now.com/law-now/mondaq
Law-Now information is for general purposes and guidance only. The information and opinions expressed in all Law-Now articles are not necessarily comprehensive and do not purport to give professional or legal advice. All Law-Now information relates to circumstances prevailing at the date of its original publication and may not have been updated to reflect subsequent developments.
The original publication date for this article was 13/11/2009.
