Reporting by operators to competent authorities
Article 6
1. Each operator of an installation that undertakes one or more of the activities listed in Annex I which meet or exceed the applicable capacity thresholds specified in that Annex and either releases any of the pollutants listed in Annex II in a quantity above the applicable thresholds, or exceeds the waste thresholds set out in point (b) of this paragraph, shall report annually to its competent authority at least the following information and data, unless such information or data are already available to the competent authority: (a) data on the release to air, water and land of any pollutant listed in Annex II for which the applicable threshold specified in that Annex is exceeded; (b) data on off-site transfers of hazardous waste exceeding 2 tonnes per year per facility or of non-hazardous waste exceeding 2 000 tonnes per year per facility, for any recovery or disposal operation with the exception of land treatment and deep injection, as specified in Annex I to Directive 2008/98/EC, indicating with ‘R’ or ‘D’ whether the waste is destined for recovery or disposal operations, respectively, and, for transboundary movements of hazardous waste, the name and address of the undertaking which carried out the recovery or disposal operations involving the waste and of the actual recovery or disposal operations site; waste which is subject to land treatment or deep injection disposal operations shall be reported as a release to land only by the operator of the installation, from which the waste originates; (c) data on off-site transfers of any pollutant listed in Annex II in waste water destined for waste water treatment for which the threshold specified in column 1b of that Annex is exceeded; (d) data on the use of water, energy and relevant raw materials as determined in the implementing act referred to in the second subparagraph; (e) information allowing contextualisation of the data reported under points (a) to (d), including production volume and number of operating hours; (f) information on whether the installation is covered by Directive 2003/87/EC of the European Parliament and of the Council ( 27 ) , Directive 91/271/EEC, Directive 2010/75/EU, Directive 2012/18/EU, Directive (EU) 2015/2193 or any other Union environmental law identified in the reporting format referred to in Article 7 of this Regulation; (g) information on the facility to which the installation belongs. The Commission shall, by 31 December 2025, adopt by means of implementing acts a list of relevant raw materials to be reported under point (d) of the first subparagraph of this paragraph, specifying the types and the units, on the basis of the best available techniques (BAT) reference documents as defined in Article 3, point (11), of Directive 2010/75/EU. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 17(2) of this Regulation. The Commission shall review those implementing acts and shall revise them, where relevant. 2. Where a release as referred to in paragraph 1, first subparagraph, point (a), or an off-site transfer of pollutants referred to in paragraph 1, first subparagraph, point (c), does not exceed the applicable thresholds specified in Annex II, or where off-site transfers of waste do not exceed the thresholds set out in paragraph 1, first subparagraph, point (b), the operator of the installation concerned shall declare, in its report, that the release of pollutants or off-site transfers of pollutants or waste are below those thresholds. Member States may decide to report the information referred to in the first subparagraph only in the first report for an installation, or part thereof, drawn up by an operator after the entry into force of this Regulation or in the first report drawn up by an operator after the release of pollutants or off-site transfers of pollutants or waste no longer exceed the applicable thresholds specified in Annex II. 3. When preparing the report referred to in paragraph 1, first subparagraph, of this Article, operators shall make use of the best available information. Operators shall obtain the data by means of measurement. Where measurement does not result in the best available information, is not practicable or is not technologically and economically viable, operators shall obtain the data by means of calculation. Where neither measurement nor calculation is practicable, operators may obtain the data by estimation. The information may include monitoring data, emission factors, mass balance equations, indirect monitoring or other calculations, engineering judgements and other methods that are in accordance with Article 9(1) and, where available, internationally approved methodologies. 4. Operators shall specify in the report referred to in paragraph 1 the methods used for obtaining the data. Where the data were obtained by measurement, the analytical method shall be indicated. Where the data were obtained by calculation, the method of calculation shall be indicated. 5. The releases referred to in Annex II which are reported under paragraph 1, first subparagraph, shall include all releases from all sources included in Annex I at the site of the installation. 6. For the purposes of paragraph 1, first subparagraph, data on releases and transfers shall be reported as totals of all deliberate, accidental, routine and non-routine activities. In providing those data, operators shall specify, where available, any data that relate to the accidental release of pollutants. 7. The operator of each installation shall collect with appropriate frequency the data needed to determine which of the releases and off-site transfers of the installation, or part thereof, are subject to reporting requirements under paragraph 1, first subparagraph. 8. The operator of each installation shall keep the records from which the reported data were derived available for its competent authority for five years from the end of the reporting year concerned. Those records shall also describe the methodology used for data gathering. 9. Member States may decide to quantify deliberate releases as referred to in paragraph 1, first subparagraph, point (a), of this Article themselves on behalf of operators of installations covered by the activities referred to in the second and the seventh rows of Annex I. In such cases, paragraphs 1 to 8 of this Article shall not apply to those operators in respect of such releases. 10. For the purposes of Article 7, Member States shall determine a date by which operators are to provide the data referred to in this Article to their competent authorities. 11. Until the date of entry into force of the delegated act referred to in Article 15(3), where an installation, or part thereof, does not meet the conditions laid down in paragraph 1, first subparagraph, of this Article, but is part of a facility which meets those conditions, that installation, or part thereof, shall be subject to the reporting obligations established in this Article, except for the obligations established in paragraph 2 of this Article.