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Revision of the EU system for monitoring, reporting and verifying CO2 emissions from ships

18-10-2019

This initial appraisal assesses the strengths and weaknesses of the European Commission's impact assessment accompanying its proposals to revise the EU system to monitor, report, and verify CO2 emissions from ships, established by Regulation (EU) 2015/757. The proposal envisages aligning partially the EU system with the system adopted by the International Maritime Organization to monitor and report ship's fuel oil consumption. While the IA clearly identifies the problem – to facilitate the simultaneous ...

This initial appraisal assesses the strengths and weaknesses of the European Commission's impact assessment accompanying its proposals to revise the EU system to monitor, report, and verify CO2 emissions from ships, established by Regulation (EU) 2015/757. The proposal envisages aligning partially the EU system with the system adopted by the International Maritime Organization to monitor and report ship's fuel oil consumption. While the IA clearly identifies the problem – to facilitate the simultaneous application of the EU and IMO systems – its evolution could have been substantiated further. The general objectives identified by the IA are not entirely consistent with the manner in which the problem was defined; furthermore, there are no specific objectives, contrary to the requirements of the Better Regulation guidelines. The operational objective identified is not defined in operational terms. The only two options considered for further assessment, in addition to the baseline, do not appear to be substantially very different from each other, with the third option even being judged artificial by the Commission’s Regulatory Scrutiny Board. Moreover, the IA does not appear to have succeeded in structuring these two options convincingly. The analysis regarding the impacts of the identified options is very succinct. The Commission consulted a wide range of stakeholders, whose views were satisfactorily reported in the IA and were taken into account when considering the policy options. Overall, the IA appears to have taken on board most of the RSB's recommendations. However, the final revision of the IA report does not appear to have quantified the cost savings of the preferred option, as demanded by the RSB, and still contains Option 3, which the RSB had recommended to discard. As the IA does not explain how it has addressed the Board's suggestion regarding Option 3, it is unclear whether any changes were made to it or it was left untouched. Finally, the legislative proposal seems to be substantially consistent with the analysis carried out in the IA.

An EU framework to facilitate investments in environmentally sustainable economic activities

12-04-2019

This initial appraisal assesses the strengths and weaknesses of the European Commission's impact assessment accompanying its proposals for three regulations on: establishing a framework to facilitate sustainable investment disclosures relating to sustainable investments and sustainability risks; and on introducing two new categories of carbon benchmarks in the (benchmark) Regulation (EU) 2016/1011. The legislative package on sustainable finance deals with technical and inherently complex issues; ...

This initial appraisal assesses the strengths and weaknesses of the European Commission's impact assessment accompanying its proposals for three regulations on: establishing a framework to facilitate sustainable investment disclosures relating to sustainable investments and sustainability risks; and on introducing two new categories of carbon benchmarks in the (benchmark) Regulation (EU) 2016/1011. The legislative package on sustainable finance deals with technical and inherently complex issues; it is therefore not surprising that the IA accompanying it reflects such a complexity, which is not always dealt with in a clear and immediately understandable way. This might also explain the double negative opinions, unusually followed in this case by a positive opinion with reservations issued by the Commission's Regulatory Scrutiny Board (RSB). The consequences of the two identified problems (lack of incentives to consider ESG factors and high search costs faced by end-investors), and how they would evolve without EU action, are described in a satisfactory way, as well as their underlying drivers. As required, the IA identifies general and specific objectives, but no operational objectives that would have informed about how the preferred options are expected to operate in practice. This is very likely due to the fact the operational aspects of the proposals are envisaged to be defined, and analytically developed, by subsequent delegated acts. The IA's preferred options are selected after considering both a non-legislative and a regulatory approach, although two of them contains some aspects that are not entirely clear. As regards its scope, the IA has only partially succeeded in explaining the impacts considered in an entirely satisfactory way. The IA does not include an analysis of competitiveness nor an analysis of impacts, if any, on SMEs. The evidence included in the IA provides ample and detailed insights into the issues considered and some methodological limitations, regarding the proposal on low carbon and positive carbon impact benchmarks are acknowledged in the IA. The Commission has consulted extensively a broad range of stakeholders, whose views have been satisfactorily reported in the IA or in a separate document containing the results of the second open public consultation. Overall, the IA appears to have addressed the majority of the improvements requested by the RSB. Finally, the legislative proposals seem to be consistent with the analysis carried out in the IA.

Protection of workers from exposure to carcinogens or mutagens: Third proposal

17-12-2018

This detailed appraisal focuses on the process and evidence base used in the IA for setting the limit values for cadmium and beryllium, notably in light of some knowledge gaps and methodological challenges identified in the IA in relation to the number of workers exposed and the estimation of the burden of disease. The appraisal concludes that the IA has relied on a vast and updated amount of information, including scientific journals, guidelines, manuals, surveys, published by authoritative research ...

This detailed appraisal focuses on the process and evidence base used in the IA for setting the limit values for cadmium and beryllium, notably in light of some knowledge gaps and methodological challenges identified in the IA in relation to the number of workers exposed and the estimation of the burden of disease. The appraisal concludes that the IA has relied on a vast and updated amount of information, including scientific journals, guidelines, manuals, surveys, published by authoritative research centres, publishers and international organisations, making the overall analysis sufficiently convincing and robust. As regards the limitations of the analysis, which are transparently acknowledged, the analysis carried out by the external contractors and endorsed in the IA recognises that the full current and future disease burden deriving from historic exposures to cadmium and beryllium is not captured; consequently, the disease burdens may be underestimated. As regards the estimated number of workers exposed to cadmium, the value of 10 000 workers considered by the external contractors for their modelling (in addition to a higher value of 30 000), and taken over in the IA, is coherently justified in light of the recognised wide divergences among the different estimates. This value appears to be reasonable, based on the availability of data at national and EU level, and the way some of them were gathered. As regards the estimated number of workers exposed to beryllium, the figure of 54 071 workers exposed in the EU 28 (excluding the construction sector) identified by the external contractor and used in the IA appears to be plausible, based on the justifications provided. However, it is acknowledged that higher exposure levels would imply higher costs and benefits at all target OEL values.

Establishing the Connecting Europe Facility 2021-2027

13-11-2018

This initial appraisal assesses the strengths and weaknesses of the European Commission's impact assessment accompanying its proposal for establishing the Connecting Europe Facility (CEF) for the 2021-2027 period. CEF is an EU funding instrument designed to promote and part-finance the construction of pivotal cross border transport, energy and telecommunications infrastructure links between the EU's Member States. The proposal intends to support the achievement of the EU policy objectives in the ...

This initial appraisal assesses the strengths and weaknesses of the European Commission's impact assessment accompanying its proposal for establishing the Connecting Europe Facility (CEF) for the 2021-2027 period. CEF is an EU funding instrument designed to promote and part-finance the construction of pivotal cross border transport, energy and telecommunications infrastructure links between the EU's Member States. The proposal intends to support the achievement of the EU policy objectives in the transport, energy and digital sectors as regards the trans-European networks and to support cross-border cooperation between Member States on renewables planning and deployment. The appraisal concludes that the impact assessment (IA) provides a good description of the policy challenges of the new CEF based on the mid-term evaluation of the programme. The IA envisages a change in the scope for the digital and energy sectors. Alternative options are identified for the energy sector only. The IA would have benefited from better illustrating if, and in case how, the preferred option would take advantage from the existing, or forthcoming, legislation in establishing the envisaged enabling framework for cross-border cooperation on renewables. The IA does not discuss social or environmental impacts of the proposed measures and economic impacts are discussed for the energy sector only. Potential impacts on SMEs are not discussed, although SMEs might have deserved some analysis considering the specific objectives of the trans-European networks for the digital sector. An analysis regarding the impact on competitiveness appears to be missing as well. The final version of the IA appears to have addressed almost entirely the improvements requested by the Regulatory Scrutiny Board.

Setting CO2 emission performance standards for new heavy-duty vehicles

13-09-2018

This initial appraisal assesses the strengths and weaknesses of the European Commission's impact assessment accompanying its proposal for a regulation setting CO2 emission performance standards for some categories of new 'rigid lorries' and 'tractors'. The proposal seeks to contribute to achieving the climate target set by the Paris Agreement, adopted on 12 December 2015, i.e. 'holding the increase in the global average temperature to well below 2 °C above pre-industrial levels and pursuing efforts ...

This initial appraisal assesses the strengths and weaknesses of the European Commission's impact assessment accompanying its proposal for a regulation setting CO2 emission performance standards for some categories of new 'rigid lorries' and 'tractors'. The proposal seeks to contribute to achieving the climate target set by the Paris Agreement, adopted on 12 December 2015, i.e. 'holding the increase in the global average temperature to well below 2 °C above pre-industrial levels and pursuing efforts to limit the temperature increase to 1.5 °C above pre-industrial levels'. In addition, it intends to help Member States achieving the national greenhouse gas (GHG) emissions reduction targets in the road transport sector for the period 2021-2030 set by the 'effort sharing' regulation proposed by the Commission. The appraisal concludes that the impact assessment clearly defines the problems to be addressed, although in a couple of cases only one option is considered (in addition to the baseline). In such cases, the Commission's approach appears not to be entirely in line with the better regulation toolbox. The analysis carried out appears to be sound and well evidenced, providing ample and detailed insight into the issues considered. The analysis of impacts focuses on the economic and environmental dimension, consistently with the manner in which the problems have been defined. Their quantitative assessment is based on three models which, according to the IA, have already been 'successfully' used in previous impact assessment regarding transport, energy and climate policies, The IA appears to have addressed all of the Regulatory Scrutiny Board's recommendations, and the legislative proposal seems to be consistent with the analysis carried out in the IA.

Protection of workers from exposure to carcinogens or mutagens: third proposal

27-06-2018

The impact assessment (IA) accompanying the proposal for a third revision of the carcinogens and mutagens Directive 2004/37/EC clearly defines the problem to be addressed. However, it would have benefited from providing more comprehensive explanations of its evolution without EU action. The objectives appear to be relevant, sufficiently measurable, achievable, though not time-bound. The IA considers a wide range of options, and those retained for further assessment appear to be reasonable, and consistent ...

The impact assessment (IA) accompanying the proposal for a third revision of the carcinogens and mutagens Directive 2004/37/EC clearly defines the problem to be addressed. However, it would have benefited from providing more comprehensive explanations of its evolution without EU action. The objectives appear to be relevant, sufficiently measurable, achievable, though not time-bound. The IA considers a wide range of options, and those retained for further assessment appear to be reasonable, and consistent with the approach followed in two previous amendments of the directive. The analysis of impacts focuses on the economic and social dimension, mainly health, consistently with the manner in which the problem has been defined. Environmental impacts are assessed to be broadly negligible: considering that the IA is dealing with carcinogenic chemical substances, this would have perhaps required further justification. The IA acknowledges a general issue regarding, inter alia, the availability of data on the number of workers exposed, and the scarce and not always sufficiently robust epidemiological evidence. The methodological annex does not provide information regarding how the multi criteria analysis has been performed. Finally, the IA appears to have addressed most of the RSB's recommendations and the legislative proposal appears to be consistent with the analysis carried out in the IA.

Strengthening EU cooperation on health technology assessment

18-06-2018

The impact assessment (IA) accompanying the Commission proposal on strengthening EU cooperation on Health Technology Assessment clearly defines the problem, as well as the general and specific objectives. However, the IA does not appear to have succeeded in presenting a very convincing range of options. The analysis of impacts focuses on the economic dimension, which is consistent with the manner in which the problems have been defined. In light of the reported concentration of SMEs in the medical ...

The impact assessment (IA) accompanying the Commission proposal on strengthening EU cooperation on Health Technology Assessment clearly defines the problem, as well as the general and specific objectives. However, the IA does not appear to have succeeded in presenting a very convincing range of options. The analysis of impacts focuses on the economic dimension, which is consistent with the manner in which the problems have been defined. In light of the reported concentration of SMEs in the medical technologies sector (95 %), more emphasis could have been put on analysing the impacts of the retained options on them. The stakeholders' views have been illustrated in a satisfactory way. The evidence included or referenced in the IA is copious and up to date. The IA appears to have addressed most of the RSB's recommendations. Finally, the legislative proposal appears to be consistent with the analysis carried out in the IA.

Mutual recognition of goods lawfully marketed in another Member State

06-04-2018

An initial appraisal of the impact assessment accompanying the Commission proposal clearly defines the problem, as well as the general and specific objectives. Operational objectives appear to be relevant and achievable, even though they appear not to be entirely set according to the recommendations included in the better regulation toolbox. The IA presents a reasonable range of options and choses a combination of soft law measures and legislative changes (options 2 and 4). Among the measures proposed ...

An initial appraisal of the impact assessment accompanying the Commission proposal clearly defines the problem, as well as the general and specific objectives. Operational objectives appear to be relevant and achievable, even though they appear not to be entirely set according to the recommendations included in the better regulation toolbox. The IA presents a reasonable range of options and choses a combination of soft law measures and legislative changes (options 2 and 4). Among the measures proposed, the introduction of a declaration of compliance could have benefited from further substantiation of its added value. While an SME test was conducted, the analysis regarding the impact on competitiveness is largely missing. The Commission has consulted a broad range of stakeholders, whose views have been extensively analysed and illustrated. The research, analysis, and supporting evidence included or referenced in the IA provide ample and detailed insights on the different issues considered, making the overall analysis, and the assessments of the retained options, reasonably sound.

Awtur estern

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Rail passengers' rights and obligations

12-01-2018

This note seeks to provide an initial analysis of the strengths and weaknesses of the European Commission's impact assessment (IA) accompanying the above proposal, adopted on 27 September 2017 and referred to Parliament's Committee on Transport and Tourism (TRAN). The proposal aims to amend Regulation (EC) No 1371/2007 in order to strengthen the rights for all EU rail passengers, and to reduce the 'burden on railway undertakings due to the inconsistent application of the regulation' (IA, p. 9). The ...

This note seeks to provide an initial analysis of the strengths and weaknesses of the European Commission's impact assessment (IA) accompanying the above proposal, adopted on 27 September 2017 and referred to Parliament's Committee on Transport and Tourism (TRAN). The proposal aims to amend Regulation (EC) No 1371/2007 in order to strengthen the rights for all EU rail passengers, and to reduce the 'burden on railway undertakings due to the inconsistent application of the regulation' (IA, p. 9). The proposal follows a Commission report (COM(2013) 587 final) on the application of the regulation, which 'highlighted certain problematic areas', and a second Commission report (COM(2015) 117 final) on exemptions granted by Member States, which 'identified the extensive use of exemptions as a major hindrance to the uniform application of the regulation' (explanatory memorandum of the proposal, p. 2). In addition, the proposal follows the ruling of the Court of Justice of the EU of 26 September 2013 in Case C-509/11, which is linked to the 'force majeure' issue described in the following section. The European Parliament has regularly taken a stand on passenger rights, by submitting written questions or by adopting resolutions.

Safeguarding competition in air transport

20-11-2017

This note seeks to provide an initial analysis of the strengths and weaknesses of the European Commission's impact assessment (IA) accompanying the above proposal, adopted on 8 June 2017 and referred to Parliament's Committee on Transport and Tourism (TRAN). The proposal intends to repeal Regulation (EC) No 868/2004 in order to 'ensure a fair level playing field between European and third country air carriers’ (IA, p. 44), ‘with a view to maintain conditions conducive to a high level of connectivity ...

This note seeks to provide an initial analysis of the strengths and weaknesses of the European Commission's impact assessment (IA) accompanying the above proposal, adopted on 8 June 2017 and referred to Parliament's Committee on Transport and Tourism (TRAN). The proposal intends to repeal Regulation (EC) No 868/2004 in order to 'ensure a fair level playing field between European and third country air carriers’ (IA, p. 44), ‘with a view to maintain conditions conducive to a high level of connectivity' (explanatory memorandum, p. 8). According to the IA, 'Regulation (EC) No 868/2004 intended to protect EU air carriers against objectively defined practices considered as "unfair" and "discriminatory", namely subsidisation and unfair pricing practices causing injury to EU carriers in the supply of air services to and from third countries' (IA, p. 34). However, for the reasons comprehensively outlined in the IA (pp. 34-36), the regulation 'has never been applied, and some of its features make it very unlikely that it will ever be (concretely) applied' (explanatory memorandum, p. 3). The proposal is part of the 'Open and Connected Aviation' package, which includes three other initiatives. The European Parliament has called for the revision of this regulation in a number of its resolutions, as it had proved inadequate and ineffective. The Council, in its conclusions adopted on 20 December 2012, called for a more ambitious and robust EU external aviation policy, based on the principles of reciprocity and open and fair competition in a level playing field. It considered that this regulation had proved itself unable to adequately address the specific characteristics of the aviation services sector and supported the Commission's intention to analyse possible options for a more effective instrument to safeguard open and fair competition. It also encouraged the Commission and Member States to 'use their bilateral and multilateral relations to actively support the establishment of a level playing field favouring open and fair competition in international air transport' (Recital 24, p. 4).

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