Annexes to COM(2022)157 - Reporting of environmental data from industrial installations and establishing an Industrial Emissions Portal - Main contents

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dossier	COM(2022)157 - Reporting of environmental data from industrial installations and establishing an Industrial Emissions Portal.
document	COM(2022)157
date	April 5, 2022

Annex II pollutants will ensure that current, and future, information needs are more precisely met.

Overall, the proposals will help ensure that the Portal continues to be a comprehensive and user-friendly database on the location and performance of EU industrial installations.

(6) Indicators of performance

Specify the indicators for monitoring progress and achievements.

The Portal will provide information including overall emissions of pollutants per installation and this will be a key indicator to track the revised IED’s progress in reducing environmental impact. These indicators will continue to be produced annually in a comparable and easily accessible manner via the Portal, as managed by the European Environment Agency (EEA).

The increased granularity of reporting of pollutant emission at installation level will allow monitoring of the main activities i.e. whose environmental performance is improving or is lagging.

The inclusion of reporting of resource use will allow defining new indicators on use of materials, water and energy, that will enable tracking of resource efficiency improvements.

(7) Grounds for the proposal/initiative

(8) Requirement(s) to be met in the short or long term including a detailed timeline for roll-out of the implementation of the initiative

This financial statement will secure funding for the EEA to establish an upgraded, expanded, user friendly and fully operational Industrial Emissions Portal. The Portal replaces the E-PRTR (European Pollutant Release and Transfer Register).

Timeline:

- Q1-Q2 2024 – preparatory work: analytical work to design additional modules to align the Portal with the widened IED scope and to secure reporting on resource use (materials, water, energy) in addition to pollutant releases.

- Q3 2024 - test phase of the new Portal

- Q1 2025 – launch of the updated Portal: data collection, quality assurance and publication

(9) Added value of Union involvement (it may result from different factors, e.g. coordination gains, legal certainty, greater effectiveness or complementarities). For the purposes of this point 'added value of Union involvement' is the value resulting from Union intervention which is additional to the value that would have been otherwise created by Member States alone.

Reasons for action at European level (ex-ante)

In the absence of a common EU wide approach for setting reporting requirements, it would be extremely difficult to compare the environmental performance of installations in different Member States. In addition, EU reporting standards are adopted beyond the EU-27, meaning that comparable environmental data are also available for installations in EFTA and EU accession countries.

Expected generated Union added value (ex-post)

The Portal provides information used by all Member States, minimising the need for each Member State to establish its own national processes. This aids data comparability.

In addition, industrial plants regulated under the Regulation, the IED and Seveso-III Directive are often monitored by different Member State competent authorities. However, the Portal will integrate this information into a single, centralised ‘one-stop-shop’. It will also make informed linkages to separate databases and information sources providing contextual information, such as on air and water quality in the vicinity of installations. This provides a wealth of information on various aspects related to these industrial installations; information that is valuable to competent authorities, industries, NGOs, the public and the Commission (for policy making and implementation improvement purposes).

(10) Lessons learned from similar experiences in the past

This will be the second occasion on which Europe’s inventory of industrial emissions has been amended.

In 2000, Europe’s first inventory of emissions (the European Pollutant Emission Register; EPER) was created as a direct consequence of Article 15(3) of the 1996 IPPC Directive (the predecessor to the IED). Article 15(3) stated that:

“An inventory of the principal emissions and sources responsible shall be published every three years by the Commission on the basis of the data supplied by the Member States. The Commission shall establish the format and particulars needed for the transmission of information in accordance with the procedure laid down in Article 19.

In accordance with the same procedure, the Commission may propose measures to ensure inter-comparability and complementarity between data concerning the inventory of emissions referred to in the first subparagraph and data from other registers and sources of data on emissions.”

In 2006, the EPER was superseded by the E-PRTR (European Pollutant Release and Transfer Register) in order for the EU to fulfil its international obligations under the UNECE’s Kyiv Protocol to the Aarhus Convention on access to environmental information.

(11) Compatibility with the Multiannual Financial Framework and possible synergies with other appropriate instruments

This action is consistent with other EU policies and ongoing initiatives stemming from the European Green Deal.

(12) Assessment of the different available financing options, including scope for redeployment

The retained option is EEA to continue managing the Portal and implement all additional changes under the supervision of DG ENV. This is favourable as:

(1) clear added value in ensuring a consistent approach across the EU, which will be exported to the Protocol, which is also the global benchmark used by other continents (e.g. south America, Japan and OECD in general).

(2) obvious synergies with the role of the EEA in managing environmental information related to air quality, water quality, etc.

Other options investigated:

Rely solely on PRTRs developed by Member States. As a party to the Aarhus Convention and its Protocol, the EU is required to implement its commitments. In theory, since Member States are parties to the Protocol as well, all the obligations it contains could have been established in Member State national legislation. However, there would have been no guarantee of consistent application across the EU in this case since the Protocol contains options for the implementation of some provisions. For instance, the activities falling within its scope can be defined using either capacity or employee thresholds. Creation of the Portal minimises the need for each Member State to establish its own national processes and aids data comparability.

(13) Duration and financial impact of the proposal/initiative

◻ limited duration

◻    Proposal/initiative in effect from [DD/MM]YYYY to [DD/MM]YYYY

◻    Financial impact from YYYY to YYYY

⌧ unlimited duration

Implementation with a start-up period from 2022 to 2025, followed by full-scale operation.

(14) Management mode(s) planned ⁶²

◻ Direct management by the Commission through

◻    executive agencies

◻ Shared management with the Member States

☒ Indirect management by entrusting budget implementation tasks to:

◻ international organisations and their agencies (to be specified);

◻the EIB and the European Investment Fund;

☒ bodies referred to in Articles 70 and 71;

◻ public law bodies;

◻ bodies governed by private law with a public service mission to the extent that they provide adequate financial guarantees;

◻ bodies governed by the private law of a Member State that are entrusted with the implementation of a public-private partnership and that provide adequate financial guarantees;

◻ persons entrusted with the implementation of specific actions in the CFSP pursuant to Title V of the TEU, and identified in the relevant basic act.

(15) MANAGEMENT MEASURES

(16) Monitoring and reporting rules

Specify frequency and conditions.

Standard monitoring and reporting rules for EU subsidies to decentralised agencies will apply.

(17) Management and control system(s)

(18) Justification of the management mode(s), the funding implementation mechanism(s), the payment modalities and the control strategy proposed

Standard monitoring and reporting rules for EU subsidies to decentralised agencies will apply.

(19) Information concerning the risks identified and the internal control system(s) set up to mitigate them

N/A

(20) Estimation and justification of the cost-effectiveness of the controls (ratio of "control costs ÷ value of the related funds managed"), and assessment of the expected levels of risk of error (at payment & at closure)

N/A

(21) Measures to prevent fraud and irregularities

Specify existing or envisaged prevention and protection measures, e.g. from the Anti-Fraud Strategy.

Standard modalities for EU subsidies to the decentralised agencies will apply

(22) ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL

(23) Heading of the multiannual financial framework and expenditure budget line affected

Heading of multiannual financial framework	Budget line	Type of expenditure	Contribution
	Number	Diff./Non-diff. ⁶³	from EFTA countries ⁶⁴	from candidate countries ⁶⁵	from third countries	within the meaning of Article 21(2)(b) of the Financial Regulation
3	09.10.02 – European Environment Agency (EEA)	Diff.	YES	YES	NO	NO

(24) Estimated financial impact of the proposal on appropriations

(25) Summary of estimated impact on operational appropriations

◻ The proposal/initiative does not require the use of operational appropriations

⌧ The proposal/initiative requires the use of operational appropriations, as explained below:

Heading of multiannual financial
framework

Number

Heading 3 – Natural resources and environment

EUR million (to three decimal places)

Agency: EEA			Year 2024	Year 2025	Year 2026	Year 2027	TOTAL
Title 1: Staff expenditure	Commitments	(1a)	0.430	0.438	0.447	0.456	1.772
	Payments	(2a)	0.430	0.438	0.447	0.456	1.772
Title 2: Administrative expenditure	Commitments	(1a)	0.050	0.050	0.020	0.020	0.140
	Payments	(2a)	0.050	0.050	0.020	0.020	0.140
Title 3: Operational expendture	Commitments	(1b)	0.170	0.070	0.030	0.030	0.300
	Payments	(2b)	0.170	0.070	0.030	0.030	0.300
TOTAL appropriations for EEA	Commitments	=1a+1b +3	0.650	0.558	0.497	0.506	2.212
	Payments	=2a+2b +3	0.650	0.558	0.497	0.506	2.212

			2024	2025	2026	2027	Total
TOTAL appropriations under HEADING 3 of the multiannual financial framework	Commitments	=4+ 6	0.650	0.558	0.497	0.506	2.212
	Payments	=5+ 6	0.650	0.558	0.497	0.506	2.212

Justification for costs above:

EEA costs include cost of 2 additional FTE who will establish the IT infrastructure for collecting new data fields (on resource use and additional pollutants), modify and expand the XML schema to enable reporting at installation level and for newly captured agro-industrial activities, update the Manual for Reporters to ensure consistent returns by operators/MS, run training sessions for MS reporters to introduce these new requirements, and subsequently manage the reporting and related dataflow.

Costs of developing IT infrastructure will go down in the 3rd year, as only the IT infrastructure maintenance costs will remain. It’s assumed that for the first two years EEA will need more financial resources to revamp the existing tools as a result of the legal proposal.

The EEA costs assume a 2% inflationary increase and a correction coefficient for remuneration for Denmark from 1 July 2021 - 1.342. This has been assumed unchanged for the years that follow.

The required increase of the EU contribution to EEA will be compensated by a corresponding reduction in the envelope of the LIFE programme (budget line 09.0202 - Circular economy and quality of life).

(26) Estimated output funded with operational appropriations

N/A

(27) Estimated impact on EEA resources

◻ The proposal/initiative does not require the use of appropriations of an administrative nature

⌧ The proposal/initiative requires the use of appropriations of an administrative nature, as explained below:

EUR million (to three decimal places)

	Year 2024	Year 2025	Year 2026	Year 2027	TOTAL
Temporary agents (AD Grades)	0.430	0.438	0.447	0.456	1.772
TOTAL	0.430	0.438	0.447	0.456	1.772

Staff requirements (FTE):

	Year 2024	Year 2025	Year 2026	Year 2027	TOTAL
Temporary agents (AD Grades)	2	2	2	2	2/year
TOTAL	2	2	2	2	2/year

EEA staff will establish the IT infrastructure that will be required to implement the proposed revisions and subsequently manage the reporting and related dataflow. These IT enhancements relate to the physical capacity of the reporting stream (i.e. number and nature of reports) and the supporting systems (guidance, training etc.) to ensure their consistent application by industrial operators and Member States.

(28) Estimated requirements of human resources in the Commission

N/A

(29) Compatibility with the current multiannual financial framework

·The proposal/initiative:

⌧    can be fully financed through redeployment within the relevant heading of the Multiannual Financial Framework (MFF).

◻    requires use of the unallocated margin under the relevant heading of the MFF and/or use of the special instruments as defined in the MFF Regulation.

◻    requires a revision of the MFF.

(30) Third-party contributions

·The proposal/initiative does not provide for co-financing by third parties

(31) Estimated impact on revenue

The proposal/initiative has no financial impact on revenue.

(1) Regulation (EC) No 166/2006 of the European Parliament and of the Council of 18 January 2006 concerning the establishment of a European Pollutant Release and Transfer Register and amending Council Directives 91/689/EEC and 96/61/EC (OJ L 33, 4.2.2006, p.1).
(2) Kyiv Protocol on Pollutant Release and Transfer Registers to the UNECE Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters: https://unece.org/environment-policy/public-participation/prtrs-protocol-text .
(3) COM(2012) 746 final.
(4) COM(2017) 810 final.
(5) https://industry.eea.europa.eu/
(6) OJ L 334, 17.12.2010, p. 17.
(7)

   Commission Implementing Decision of 2022/142 amending Implementing Decision (EU) 2019/1741 as regards the reporting on production volume and correcting that Implementing Decision (OJ L XXX, XX.XX.XXXX, p. XX).

(8) COM(2019) 640 final.
(9) OJ L 313, 28.11.2015, p. 1.
(10)

   OJ L 135, 30.5.1991, p. 40.

(11) OJ L 327, 22.12.2000, p. 1.
(12)

   OJ L 348, 24.12.2008, p..8.

(13) OJ L 396, 30.12.2006, p. 1.
(14)

   OJ L 372, 27.12.2006, p. 19.

(15)

   OJ L 152, 11.6.2008, p. 1.

(16)

   OJ L 23, 26.1.2005, p. 3.

(17)

   OJ L 182, 16.7.1999, p. 1.

(18) Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a system for greenhouse gas emission allowance trading within the Union and amending Council Directive 96/61/EC (OJ L 275, 25.10.2003, p. 32).
(19) Regulation (EU) 2018/842 of the European Parliament and of the Council of 30 May 2018 on binding annual greenhouse gas emission reductions by Member States from 2021 to 2030 contributing to climate action to meet commitments under the Paris Agreement and amending Regulation (EU) No 525/2013 (OJ L 156, 19.6.2018, p. 26)
(20) Commission Decision 2000/479/EC of 17 July 2000 on the implementation of a European Pollutant Emission Register (EPER) according to Article 15 of Council Directive 96/61/EC concerning integrated pollution prevention and control (IPPC) (OJ L 192, 28.7.2000, p. 36).
(21)

   Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control (OJ L 257, 10.10.1996, p. 26).

(22) COM (2021) 400 final.
(23) Guidance Document for the implementation of the European PRTR (2006): https://ec.europa.eu/environment/industry/stationary/e-prtr/pdf/en_prtr.pdf
(24) https://ec.europa.eu/transparency/documents-register/
(25) Fitness Check of Reporting and Monitoring of EU Environment Policy SWD(2017)230 final.
(26) OJ C 326, 26.10.2012, p. 391.
(27) Commission Implementing Decision (EU) 2019/1741 of 23 September 2019 establishing the format and frequency of data to be made available by the Member States for the purposes of reporting under Regulation (EC) No 166/2006 of the European Parliament and of the Council concerning the establishment of a European Pollutant Release and Transfer Register and amending Council Directives 91/689/EEC and 96/61/EC (OJ L 267, 21.10.2019, p. 3).
(28) Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC (OJ L 41, 14.2.2003, p. 26).
(29) OJ C , , p. .
(30) OJ C , , p. .
(31)

   Decision XXX/XXX/XX of the European Parliament and of the Council on a General Union Environment Action Programme to 2030 (OJ L XXX, XX.XX.XX, p. XX)

(32) OJ L 124, 17.5.2005, p. 4.
(33) Regulation (EC) No 166/2006 of the European Parliament and of the Council of 18 January 2006 concerning the establishment of a European Pollutant Release and Transfer Register and amending Council Directives 91/689/EEC and 96/61/EC (OJ L 33, 4.2.2006, p.1).
(34) COM(2017) 810 final.
(35) Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (OJ L 334, 17.12.2010, p. 17).
(36)

   Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment (OJ L 135, 30.5.1991, p. 40).

(37) Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, Pathway to a Healthy Planet for All EU Action Plan: 'Towards Zero Pollution for Air, Water and Soil' of 12 May 2021 (COM(2021) 400 final).
(38) https://industry.eea.europa.eu/
(39) Directive (EU) 2015/2193 of the European Parliament and of the Council of 25 November 2015 on the limitation of emissions of certain pollutants into the air from medium combustion plants (OJ L 313, 28.11.2015, p. 1).
(40) Council Decision 2005/370/EC of 17 February 2005 on the conclusion, on behalf of the European Community, of the Convention on access to information, public participation in decision-making and access to justice in environmental matters (OJ L 124, 17.05.2005, p. 1).
(41) Directive 2012/18/EU of the European Parliament and of the Council of 4 July 2012 on the control of major-accident hazards involving dangerous substances, amending and subsequently repealing Council Directive 96/82/EC (OJ L 197, 24.7.2012, p. 1).
(42)

   Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3).

(43) Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
(44) Directive 2003/4/EC of the European Parliament and of the Council on access to environmental information and repealing Council Directive 90/313/EEC (OJ L 41, 14.2.2003, p. 26).
(45)

   Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43).

(46)

   Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1).

(47)

   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).

(48)

   Directive 2004/107/EC of the European Parliament and of the Council of 15 December 2004 relating to arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons in ambient air (OJ L 23, 26.1.2005, p. 3).

(49)

   Directive 2006/118/EC of the European Parliament and of the Council of 12 December 2006 on the protection of groundwater against pollution and deterioration (OJ L 372, 27.12.2006, p. 19).

(50)

   Directive 2008/50/EC of the European Parliament and of the Council of 21 May 2008 on ambient air quality and cleaner air for Europe (OJ L 152, 11.6.2008, p. 1).

(51)

   Directive 2008/105/EC of the European Parliament and of the Council of 16 December 2008 on environmental quality standards in the field of water policy, amending and subsequently repealing Council Directives 82/176/EEC, 83/513/EEC, 84/156/EEC, 84/491/EEC, 86/280/EEC and amending Directive 2000/60/EC of the European Parliament and of the Council (OJ L 348, 24.12.2008, p. 84).

(52)

   Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1).

(53)

   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).

(54)

   Directive 2004/107/EC of the European Parliament and of the Council of 15 December 2004 relating to arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons in ambient air (OJ L 23, 26.1.2005, p. 3).

(55)

   Directive 2006/118/EC of the European Parliament and of the Council of 12 December 2006 on the protection of groundwater against pollution and deterioration (OJ L 372, 27.12.2006, p. 19).

(56)

   Directive 2008/50/EC of the European Parliament and of the Council of 21 May 2008 on ambient air quality and cleaner air for Europe (OJ L 152, 11.6.2008, p. 1).

(57)

   Directive 2008/105/EC of the European Parliament and of the Council of 16 December 2008 on environmental quality standards in the field of water policy, amending and subsequently repealing Council Directives 82/176/EEC, 83/513/EEC, 84/156/EEC, 84/491/EEC, 86/280/EEC and amending Directive 2000/60/EC of the European Parliament and of the Council (OJ L 348, 24.12.2008, p. 84).

(58) OJ L 123, 12.5.2016, p. 1.
(59) Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3).
(60) Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (OJ L 275, 25.10.2003, p. 32).
(61) As referred to in Article 58(2)(a) or (b) of the Financial Regulation.
(62) Details of management modes and references to the Financial Regulation may be found on the BUDG Website: https://myintracomm.ec.europa.eu/budgweb/EN/man/budgmanag/Pages/budgmanag.aspx
(63) Diff. = Differentiated appropriations / Non-diff. = Non-differentiated appropriations.
(64) EFTA: European Free Trade Association.
(65) Candidate countries and, where applicable, potential candidates from the Western Balkans.