Scope:

The assessment looked at both the benefits delivered by the E-PRTR, as well as the potential for simplification and reduction of regulatory costs and burdens. Furthermore, it took account of Article 17 of the E-PRTR Regulation which requires that the Commission reviews E-PRTR implementation every three years on the basis of Member State returns.

Evaluation findings:

Overall the evaluation concluded that the E-PRTR Regulation is fit for purpose. It is an important instrument in the EU's environmental acquis because of the information it makes publicly available on the performance of large industry.

The evaluation showed that there is wide stakeholder appreciation of the value that the E-PRTR brings to the topic of access to environmental information. The E-PRTR is seen as an easily accessible and valuable dataset, with no comparable alternative when it comes to a consistent data inventory on industrial emissions across the EU.

The evaluation concluded that there was no obvious need for major improvement to the existing E-PRTR Regulation. The evaluation concluded that there is potential for wider long-term improvements through legislative adaptation whilst, in the shorter-term, there are issues that can be largely addressed through improved implementation and some legislative simplification.

Estimated savings and benefits

While it is difficult to make a quantified comparison of E-PRTR costs and benefits, stakeholders judge the estimated costs of the E-PRTR to be relatively small when compared to the E-PRTR's significant contributions to data transparency and public participation.

Overall, consultations have shown that stakeholders view the benefits of the E-PRTR to be greater than the costs. This view was strongest among Member States' competent authorities.

Which objective(s) does the Commission pursue?

A package of preferred policy options and sub-options is presented in the joint IED and E-PRTR impact assessment:

• Effectiveness: 24 measures ensure greater homogeneity of implementation and level of ambition across Member States, controlling flexibility on emission limit values; enhancing public rights and enforcement, and clarifying the legislation.

• Innovation: Frontrunners will have freedom to test novel techniques. An Innovation Centre for Industrial Transformation and Emissions will incorporate innovative technologies into BAT considerations and a review of permits by 2030 incorporates an operator’s Transformation Plan. Options targeting innovation in the IA do not affect current E-PRTR provisions.

• Resource use and chemicals: Sector-specific Circular Economy, resource efficiency and reduced toxicity are fostered via more responsive mandatory Environmental Management Systems. The E-PRTR will require reporting of resource use to allow monitoring and benchmarking of environmental performance improvements.

• Decarbonisation: Empowers “bottom-up” optimal technological sector-specific means of achieving depollution and decarbonisation, with binding energy efficiency requirements. A 2028 review of the IED - Emissions Trading System relationship will allow optimal synergies from 2030. The E-PRTR will employ more detailed GHG emissions reporting.

• Sectoral Scope: Needs to be widened, principally in livestock rearing and certain growing activities, such as extractive activities and gigafactories manufacturing batteries. Overall benefits of the initiative outweigh costs considerably.

While difficult to make a quantified comparison of E-PRTR costs and benefits, in particular as regards the monetary value of access to environmental information, the overall benefits of the initiative are considered to outweigh the costs. This is confirmed by the stakeholders, who judge the estimated costs of the E-PRTR to be relatively small when compared to its significant contributions to data transparency and public participation.

Existing operators will see costs increase because of covering new pollutants, parameters and lower reporting thresholds. However, this increase is substantially moderated by the adoption of top-down reporting for the livestock and aquaculture sectors.

The administrative burden linked mainly to monitoring and reporting environmental data will not exceed €63 million p.a. for industrial operators, and c. €4.1 million p.a. for public authorities, stemming from data collection, verification, management, reporting and enforcement activities.

An inefficient provision of the E-PRTR Regulation has already been removed with deletion of the Article 16 obligation for Member States to make triennial returns on general E-PRTR implementation.

Overall, the proposal establishes a legislative framework that equips the EU to address the significant environmental challenges expected in coming decades from agro-industrial activities.

The evaluation concluded that there was no obvious need for major improvement to the existing Regulation but identified a number of areas where improvement implementation and some simplification might be necessary.

The evaluation identified potential efficiency and coherence gains from further harmonisation with related environmental obligations. Under powers granted by the Omnibus Regulation on alignment of environmental reporting obligations (Regulation (EU) 2019/1010 of the European Parliament and of the Council), the Commission adopted Implementing Decision (EU) 2019/1741 which established new E-PRTR reporting obligations. This Decision has effected several important changes identified by the evaluation, most notably:

• completing the legal basis for the EU’s ‘Industrial Emissions register’ and therefore joining E-PRTR data with reporting under the closely-related IED (Industrial Emissions Directive);

• significantly advancing Member State reporting deadlines so that data are made publicly available much sooner; and

• requiring the mandatory reporting of ‘production volume’ thus giving a benchmark for contextualising E-PRTR data.

Moreover, the Omnibus Regulation removed the obligation for triennial reporting by Member States on E-PRTR implementation. This obligation had been found by the evaluation to bring limited value.