Legal provisions of COM(2005)535 - Implementing the EC Lisbon programme : A strategy for the simplification of the regulatory environment - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2005)535 - Implementing the EC Lisbon programme : A strategy for the simplification of the regulatory environment. |
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| document | COM(2005)535  |
| date | October 25, 2005 |
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52005DC0535
Communication of the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions - Implementing the Community Lisbon programme - A strategy for the simplification of the regulatory environment /* COM/2005/0535 final */
[pic] | COMMISSION OF THE EUROPEAN COMMUNITIES |
Brussels, 25.10.2005
COM(2005) 535 final
COMMUNICATION OF THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS
Implementing the Community Lisbon programme:A strategy for the simplificationof the regulatory environment
COMMUNICATION OF THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS
Implementing the Community Lisbon programme:A strategy for the simplificationof the regulatory environment(Text of EEA relevance)
1. INTRODUCTION
The Communication of March 2005 on “Better Regulation for Growth and Jobs” identified simplification as one priority action for the EU. This action is the response to the European Parliament’s and Council’s requests to simplify EU-legislation and enhance its quality. It is fully embedded into the revised Lisbon strategy for achieving growth and jobs in Europe and therefore focuses on those elements of the acquis that concern the competitiveness of enterprises in the EU. Its overall objective is to contribute to a European regulatory framework that fulfils the highest standards of law making respecting the principles of subsidiarity and proportionality.
Following these principles, the EU should only regulate if a proposed action can be better achieved at EU level. Any such action should not go beyond what is necessary to achieve the policy objectives pursued. It needs to be cost efficient and take the lightest form of regulation called for. In this respect simplification intends to make legislation at both Community and national level less burdensome, easier to apply and thereby more effective in achieving their goals.
The development of the European Union over the last half century has produced a large body of Community legislation, the Community “ acquis ”, which has often replaced 25 sets of rules with one and thereby offered business a more certain legal environment and a level playing field in which to operate. This stock of legislation has been essential, for example, in establishing the single market, developing EU environmental policy and in setting EU wide levels for the protection of workers and consumers. At the same time, legislation can also entail costs, hamper business, channel resources away from more efficient uses and in some cases act as a constraint to innovation, productivity and growth. The challenge is to get the balance right so as to ensure that the regulatory environment is necessary, simple and effective.
In its Communication of March 2005, the Commission sets out a revised approach to further promote better regulation with a view to improving competitiveness. It focuses on:
(1) improving and extending the use of impact assessment for new proposals – including the development of a methodology to measure administrative costs. The Commission adopted in June 2005 new extended guidelines for impact assessment. The impact assessment is based on the principle of sustainable development and is designed to allow policy makers to make choices on the basis of careful analysis of the potential economic, social and environment impact of new legislation;
(2) screening pending legislative proposals. In September 2005, the Commission announced its intention to withdraw 68 pending proposals as a result of extended screening;
(3) introducing a new method of simplifying existing legislation. The present Communication sets out the Commission’s revised approach for future simplification work.
Simplification is not a new issue. However it is time for a step change in our efforts. The approach builds on earlier work of the institutions to streamline Community rules and on stakeholder consultation. The emphasis is firmly on creating a European regulatory system that will help achieve the Lisbon Agenda objectives.
This initiative is of particular importance for Europe’s small and medium sized businesses (SMEs) which constitute 99% of all enterprises and two thirds of employment. Due to their smaller size, SMEs suffer disproportionately from legislative and administrative burdens as they have more limited resources and expertise to tackle often complex rules and regulations. It is therefore necessary to assess how their special needs can be taken into consideration in the context of simplification. In this respect reducing the burden of statistics and data collections for SMEs will deserve special attention.
Better regulation is however not de-regulation. Simplification at Community and national level means making things easier for citizens and operators. In turn, this should lead to a more effective legislative framework which is better suited to delivering the policy objectives of the Community.
2. A NEW SIMPLIFICATION STRATEGY AT EU LEVEL
The review of the acquis must become a continuous and systematic process enabling the legislator to revise legislation taking all legitimate private sector and public interests into account.
To start the process, an initial batch of legislation to be simplified has been identified on the basis of a broad consultation. This continuous process will then be fuelled by input from new, more systematic review procedures for the identification of future simplification priorities based on a broad analysis of the impact of legislation. This process encompasses a thorough economic analysis and will take full account of the EU’s social and environmental ambitions as essential elements of the overarching objective of sustainable development set out in the Treaty.
a. A rolling programme anchored in stakeholders’ practical experience
Annex 2 to this Communication sets out a rolling programme which forms part of the new strategy for simplification. The programme specifies those pieces of legislation that the Commission envisages reviewing and assessing with the view to simplifying them in the next three years.
Earlier this year the Commission launched an extensive consultation of the Member States and the business community. It was complemented by a public internet consultation. The findings of the consultation exercise, summarised in Annex 1 to this Communication, are being reviewed against the Commission’s own in-house experience to weigh the merit of each simplification suggestion. Rules which seem to inhibit competitiveness (including administrative requirements) will be examined by the Commission to ensure that they are necessary and proportionate to other public interests pursued. In that respect, findings collected by support services such as SOLVIT will be taken into account, together with the results of public consultations, to determine the nature of the problem and possible solutions.
The rolling programme addresses many of the specific concerns that emerged from the wide-ranging consultation process in key areas for business competitiveness such as company law and financial services, transport, consumer protection and waste. It includes the priorities already identified by the Council. It will be systematically reviewed and updated.
In addition, the Commission will include major legislative simplification initiatives in its annual legislative work programmes and intends to issue a series of complementary communications indicating in more detail how simplification work will be brought forward or integrated in the sectors of agriculture, environment, health and safety in the work place, fisheries, taxation, customs, statistics and labour law. These communications will help in the consultation of all interested parties.
The rolling programme includes comprehensive simplification initiatives in key areas for business competitiveness, such as waste and labelling legislation. It also includes sector-specific rules in areas such as cars or construction products, as well as horizontal rules with cross-sectoral impact in fields such as public procurement or taxation. |
b. An approach based on continuous in-depth sectoral assessment
To pursue the evaluation of the acquis beyond the present simplification programme, the Commission will identify the need for simplification from a sectoral perspective. Such an approach will make it possible to assess the overall effectiveness of the legislative framework for the sector concerned and the room for further simplification. This implies that for each sector considered, both general and sector specific legislation will be screened for its impact. It will include an analysis of the benefits and the costs, administrative and others, of the legislation in question.
The focus will initially be on three sectors: automotive, construction and waste. The impact of the current regulatory environment is being measured, in close cooperation with stakeholders, to plan the sustainable development of these industry sectors and define the best possible regulatory approach. For example, the CARS 21 initiative in the automotive sector is expected to recommend a significant reduction in the volume of Community legislation by referring directly to international measures and developing flexibility for conformity assessment and test procedures for vehicles.
In line with the orientations in the communication on “Implementing the Community Lisbon programme: A policy framework to strengthen EU manufacturing – towards a more integrated approach for industrial policy”, the Commission will gradually apply this approach to other industry sectors, such as pharmaceuticals, mechanical engineering, information and communication technologies and energy-intensive sectors. Simplification will also address areas of law with cross-sectoral impact. The results of these screening exercises will be integrated in the rolling programme.
The approach will be extended to services, which account for more than 70% of EU GDP. Services provide input for the rest of the economy and create important markets for manufactured products, such as telecommunications, rail, aerospace and power generation equipment. Since more and more services are supplied on a cross-border basis in the internal market, it is vital that the EU regulatory environment enhances their competitiveness, which in turn confers a competitive advantage on the entire EU economy.
Simplification will be based on an in-depth analysis of the impact on all stakeholders including business and industry, taking into account the objectives pursued by the legislation. Priority sectors for manufacturing industry are identified in the present Communication. |
3. THE COMMISSION’S APPROACH TO SIMPLIFICATION
The Commission intends to make use of the following methods for the simplification.
a. Repeal
Many of the legislative acts adopted since 1957 have subsequently become irrelevant or obsolete due to technical or technological progress, the evolution in the policies pursued by the Union, changes in the way general Treaty rules are applied, or the development of international rules or standards. Often such outdated acts have already been formally repealed. However there are acts in force that have little or no practical impact. Some of the provisions in such acts continue to generate obligations, particularly of an administrative nature, for both authorities and companies. The Commission will continue its efforts to ensure the repeal of those legal acts which are irrelevant or obsolete.
It is however important that the repeal of Community instruments are followed by the repeal of the corresponding national implementing measures in order to have the desired practical effect. It needs to be ensured that the advantages of a lighter Community regulatory environment are not cancelled out by new national rules and new technical barriers. In this regard, the Commission sees its proposal to repeal the pre-packaging directive as a test of the political willingness of the co-legislator to take up the simplification challenge.
The possibility of introducing “ sunset clauses ” into Commission legislative proposals has been considered to avoid obsolescence and more generally to compel the legislator to check regularly the relevance, effectiveness and proportionality of the regulations in force. Although not excluding this option, the Commission thinks that review clauses serve a similar purpose whilst presenting a lower risk of legal lacunae.
To help prevent obsolescence, the Commission intends in the future to introduce in its legislative proposals either a review clause or, whenever there is no risk for adverse effect on legal continuity, a sunset clause. |
b. Codification
Codification contributes greatly to the reduction in volume of Community legislation, and at the same time, provides more readable and legally secure texts, thus facilitating transparency and enforcement. The Commission will pursue its codification programme with the objective of completing the codification of the acquis by 2007. The translations and subsequent consolidation of acts in all 20 official languages will lead to a significant increase in codified texts to be adopted from the end of 2005.
c. Recasting
Recasting is a powerful simplification method as it simultaneously amends and codifies the legal acts in question.
Following the inter-institutional agreement, the Commission intends to use this technique as appropriate when proposing amendments to existing acts. Priority will be given to the merging of legal acts to maximise synergies, minimise overlaps and redundancies, and increase the clarity and consistency of Community rules. Taking account of the nature of this powerful but complex instrument, recourse to this method should be envisaged in particular in cases of substantial modification where it clearly contributes to the clarity, efficiency and simplification of Community law.
The waste sector is governed by 18 Directives and 6 Regulations, and not less than 22 Community acts regulate the labelling of foodstuffs. The recasting of these texts will provide economic operators with a clearer and more streamlined regulatory framework. |
d. Modification of the regulatory approach
Questioning the approach of provisions that have existed for decades is also required for the establishment of a better regulatory environment. Political consensus is essential to accompany and support change in any given policy area.
Co-regulation and essential requirements
Co-regulation can in certain cases be a more cost efficient and expedient method for addressing certain policy objectives than the classical legislative tools. Standardisation by independent bodies is an example of a well recognised ‘co-regulation’ instrument. It is actively supported by the Commission as an alternative or complement to legislation.
Whilst past experience has sometimes led to mixed results, the Inter-institutional Agreement on better lawmaking now provides a stable framework for alternative methods of regulation which should reinforce their credibility and ultimately facilitate their use.
For many industrial and consumer products, the CE marking attests that a product has been certified and can be marketed in the Community. The corresponding Community approach to technical harmonisation limits the content of Community legislation to the essential requirements, referring to harmonised European standards for all the detailed technical specifications and providing for simple and light conformity assessment procedures. Over the last twenty years, this policy has led to a considerable reduction in intervention by public authorities (national and European) prior to the marketing of products and a greater reliance on market forces to ensure that only safe products come onto the market.
This regulatory approach is currently being revised by the Commission. Its strengthening should lead to the extension of this approach to as many sectors as possible and even beyond the technical harmonisation of industrial products, e.g. in the services sector. What has been achieved in safety-sensitive areas such as medical devices or machinery could no doubt be extended to – or further developed in - other domains such as cosmetics, noise emissions by machines, or health and safety at work.
In other sectors, EU legislation could contain less detailed provisions enshrined in basic texts and thus be more flexible if, on the basis of framework legislation, the Commission’s competence to enact implementing measures through faster procedures was recognised. In April 2004, the Commission modified a proposal to amend the rules related to the Commission’s implementing powers.
The Commission will promote a simpler legislative method and will increase its support for standardisation that has proved its worth in the context of the free movement of goods. For example, the development of European Standards for technical specifications for wood will permit the repeal of the existing directive. Another example is the standards for good laboratory practices which have made it possible to implement the requirements of the cosmetics directives without further legislative initiatives.
From Directives to Regulations
As the Commission made clear in its Communication on Better Regulation for Growth and Jobs, the choice of the appropriate legal approach must be based on a careful analysis. Replacing directives with regulations can under certain circumstances be conducive to simplification as regulations enable immediate application, guarantee that all actors are subject to the same rules at the same time, and focus attention on the concrete enforcement of EU rules. This contribution to simplification was widely recognised in the consultations underlining the view that it would prevent divergent national implementation.
In conformity with Treaty provisions and taking into account the Protocol to the Treaty on subsidiarity and proportionality, the Commission intends to further exploit, on a case by case basis, the potential for simplification through substituting directives with regulations. |
e. Reinforcement of the use of information technology
The considerable potential of information technology can be better tapped. Secure integrated e-government can help reduce administrative burden by accelerating procedures, trimming paper flows, making the law apply more uniformly and reducing the risk of error.
Simplification will be specifically addressed in the Commission's forthcoming Action Plan on e-government to be launched in 2006 under the i2010 initiative with a focus on building on direct experiences and good practices that show tangible benefits in terms of efficiency and user satisfaction.
The Commission will ensure that the EU legal and operational framework can support simplified and paperless procedures.
Where necessary, the Commission will propose amendments to legislation with a view to modifying procedures to allow modern tools and technology to be used. The preparatory work is well advanced in the modernisation of the customs code and proposals are already pending in the taxation sector. Statistical obligations of enterprises could also be simplified by relying more extensively on IT tools.
The Commission will reinforce its initiatives in the area of e-government with the launch of an e-Government Action Plan in 2006. Where necessary, the Community rulebook will be adapted to maximise the potential of modern information technologies. |
4. SUPPORT FROM THE INSTITUTIONS AND THE MEMBER STATES
The Commission can only realize the common objective – the promotion of a better regulatory environment for our businesses and citizens to strengthen European competitiveness – if all Institutions wholeheartedly support the strategy and assume full responsibility for their share of the effort. This means developing not only a shared method but also a shared mindset:
- The Commission will exercise its right of initiative to design proposals for simplification. In conformity with better regulation practices, this will entail thorough ex post evaluations and including in-depth stakeholder consultation and careful assessments of various options to demonstrate the added value of proposed measures in relation to growth and jobs. To ensure that its simplification priorities are implemented in timely fashion in all domains, it will set up the appropriate internal measures to monitor progress and report to the College.
- Given that it is the role of the co-legislator to adopt proposals for simplification tabled by the Commission, it is essential that the 2003 Inter-Institutional Agreement on Better Lawmaking be fully implemented and that all means of promoting the simplification of EU legislation within this framework be exploited. In this context, the Commission recalls the commitment made by the European Parliament and the Council to improve working methods for simplification. The need to establish a common approach to impact assessment has also been recognised by the three Institutions and the Commission hopes that an agreement will be reached by the end of the year.
- Moreover, the regulatory environment for EU companies can only be improved if the initiatives taken at EU level are matched by equally ambitious programmes in the Member States. Contrary to widespread belief, the regulatory environment for companies consists mainly of national rules. Technical requirements, labelling obligations, authorisation procedures and other administrative requirements are added on top of Community legislation by national regulators. The Commission will continue to address better regulation under the open method of coordination set up to monitor progress on the Lisbon objectives. The Commission will also promote simplification in the context of its scrutiny of national measures for compliance with Community law.
5. CONCLUSIONS
Starting with a working programme based on input from the Member States and stakeholders, the Commission will develop its simplification priorities following,
- a comprehensive analysis of selected sectors regarding the impact of legislation, including economic, environmental and social aspects,
- a simplification method drawing on techniques such as repeal, codification, recasting and changing implementing methods,
- a legislative method entailing a clear preference for essential requirements rather than technical specifications, the increased use of co-regulation, the promotion and increased use of information technologies,
- an increased use, as appropriate and on a case by case basis, of regulations instead of directives as well as of review clauses,
In order to secure the implementation of simplification priorities on time, the Commission will streamline its internal working methods to ensure a comprehensive monitoring and follow-up of the simplification process, both at administrative and political level. In addition the Commission will continue to consult regularly with stakeholders on how the simplification programme should be further developed over the coming years.
Considering the need for shared commitment to simplification by the Institutions, the Commission invites the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions to react to this Communication.
ANNEX 1
Findings of the consultation process
Member States and the main business associations sent detailed contributions, typically consisting of a description of the difficulties they encounter and suggestions how to address these. The most frequently mentioned policy area was environmental protection, followed by agriculture and food safety, company law, transport and consumer policy.
Preliminary analysis of the on-going internet consultation shows that a good deal of public reaction relates to red tape in national or local rules, rather than EU legislation. The most frequently raised problems relate to rules with taxation and employment issues where national legislation plays the prominent role.
The simplification needs that emerged from the consultation of Member States and stakeholders fall into five broad categories:
- clarify and improve the legibility of legislation: many concerns relate to unclear or incomplete concepts, definitions or provisions. Ambiguities generate legal uncertainty and discrepancies when EU Directives are transposed into national legislation, which in turn lead to distortion of competition and fragmentation of the internal market. In this regard, some contributions stressed that increased use of Regulations, instead of Directives, would cut down on erroneous or diverging transposition at national level. Many contributions also highlighted the importance of continuing to consolidate and codify Community legislation to improve its accessibility and legibility;
- update and modernize the regulatory framework: stakeholders flagged up a number of legal texts containing definitions or procedures which are no longer in line with technical, economic and sectoral reality, as well as procedures which appear unnecessarily burdensome or slow. Stakeholders also submitted examples of legal acts which have been largely deprived of their substance due to the evolution of other parts of the acquis , Treaty changes or the development of international rules. Finally, some legislation was thought to have failed to achieve its objectives and proposals were accordingly made to change the approach;
- reduce administrative costs: many contributions raised the issue of rigid, unnecessarily complex and overly bureaucratic procedures which particularly hamper SMEs due to their lack of human resources. For instance, many comments from both enterprises and public administrations were recorded on the frequency and duplicative character of reporting or statistical obligations and the level of detail required to comply with them;
- reinforce the consistency of the acquis : a series of comments were received concerning overlaps, insufficient coordination or alleged inconsistencies among pieces of EU legislation. In this regard, some stakeholders provided concrete examples of cases where, in their view, coherence is not ensured between instruments within the same policy sector or across sectors;
- improve the proportionality of the acquis : several respondents felt that certain provisions are excessively prescriptive, disproportionate and too costly in relation to the objectives pursued. This is probably the most far-reaching concern and at the same time the most difficult to address as it affects the substance of legal acts which are the result of a legislative process during which the various concerns were considered by the legislator. This type of evaluation can only be done on a case by case basis, taking all the legitimate private sector and public interests into account.
- ANNEX 2
Simplification Rolling Programme
This rolling programme addresses sectoral and horizontal legislation which has been identified as presenting a simplification potential likely to lead to the improvement of industrial competitiveness. It was established following consultations with both Member States and stakeholders.
This list includes the sectoral priorities identified by the Commission (waste, automotive and construction) in its communication on better regulation but also the results of the large consultation of Member States and stakeholders.
The sectors covered encompass that of agriculture and foodstuffs, of manufacturing such as cosmetics, pharmacy or pressure equipment, and of services. In addition, the programme includes regulatory fields with cross-sectoral impact such as company law, intellectual property, taxation, customs and statistics.
(*) = action identified by the Council in its priority list adopted on 25 November 2004
Business sector | Policy area | Instrument | Action |
2005 |
All sectors | Business statistics | Council Regulation (EC, Euratom) No 58/97 of 20 December 1996 concerning structural business statistics | * | Recast |
Free movement of workers | Regulation (EEC) No 574/72 of the Council of 21 March 1972 fixing the procedure for implementing Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons and their families moving within the Community | Revision: a new implementing regulation replacing Regulation (EEC) No 574/72 will facilitate procedures for EU citizens as well as for Member States authorities |
Health and safety | Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work, and 19 other health and safety directives to be reviewed with respect to Reporting requirements on Member States | Revision of the regulatory approach by harmonising the periodicity of reporting, and possibly replacing the several reports with a single one covering all aspects (Consultation of social partners ongoing) |
Agricultural and foodstuff industry | Organic farming | Council Regulation (EEC) No 2092/91 of 24 June 1991 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs | Recast in order to define the basic principles of organic farming, minimise the amount of detail laid down at EU level, ensure proper functioning of the market, and establish a permanent system for imports |
Plant health | Council Directive 66/401/EEC of 14 June 1966 on the marketing of fodder plant seed Council Directive 66/402/EEC of 14 June 1966 on the marketing of cereal seed Council Directive 2002/54/EC of 13 June 2002 on the marketing of beet seed Council Directive 2002/55/EC of 13 June 2002 on the marketing of vegetable seed Council Directive 2002/57/EC of 13 June 2002 on the marketing of seed of oil and fibre plants | Recast with the aim to simplifying rules for temporary marketing authorisations of seed not satisfying the requirements in respect of the minimum germination. Quicker response to temporary shortages in the supply of seeds: Clear rules to be followed by the Member States in replacement of ad-hoc derogations adopted under the comitology procedure. |
Quality policy | Council Regulation (EEC) No 2081/92 of 14 July 1992 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs | Revision to improve the efficiency of the registration process by simplifying procedures, improving consistency and clarifying the respective role of each actor |
Council Regulation (EEC) No 2082/92 of 14 July 1992 on certificates of specific character for agricultural products and foodstuffs | Recast – to simplify procedures and improve registration process |
Radiation protection | Commission Regulation (EC) No 1661/1999 of 27 July 1999 laying down detailed rules for the application of Council Regulation (EEC) No 737/90 on the conditions governing imports of agricultural products originating in third countries following the accident at the Chernobyl nuclear power-station | Recast, notably to remove Annex 3 of this Regulation (list of customs offices in which products listed in annexe 1 may be declared for free circulation in the Community) |
Sugar | Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the markets in the sugar sector | Revision of the Common Market Organisation in sugar, to respect international obligations and improve competitiveness, introduce a temporary fund for restructuring of the sector, and incorporate the aid to sugar beet growers into the Single Payment System |
Manufacturing industry | Pharmaceutical industry | Regulation (EC) No 726/2004 of the European Parliament and of the Council of 31 March 2004 laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency | New regulation to support SMEs in the centralised procedure providing a one-stop-shop in the EMEA for SMEs, and specifying circumstances for the reduction and deferral of fees for SMEs. |
Financial services | Cross-border credit | Directive 97/5/EC of the European Parliament and of the Council of 27 January 1997 on cross-border credit transfers | Recast (a new proposal for a Directive will abrogate the current directive as well as three recommendations) |
Transport services | Air transport | Council Regulation (EEC) No 2299/89 of 24 July 1989 on a code of conduct for computerized reservation systems Council Regulation (EEC) No 3089/93 of 29 October 1993 amending Regulation (EEC) No 2299/89 on a code of conduct for computerized reservation systems Council Regulation (EC) No 323/1999 of 8 February 1999 amending Regulation (EEC) No 2299/89 on a code of conduct for computer reservation systems (CRSs) | Repeal of the 3 Regulations as the risk of competitive abuse of a dominant position initially requiring them no longer applies. The repeal of this legislation in current conditions of greater competition will help the market to be more efficient. |
Maritime Transport | Council Directive 95/21/EC of 19 June 1995 concerning the enforcement, in respect of shipping using Community ports and sailing in the waters under the jurisdiction of the Member States, of international standards for ship safety, pollution prevention and shipboard living and working conditions (port State control) | Recast of the basic Directive and five modifying Directives with a view to set up a new IT information system and modify the reporting requirements accordingly |
Directive 94/57/EC on common rules and standards for ship inspections and survey organisations (flag state/classification societies | Recast of basic Directive and 3 modifying directives to reinforce clarity and make implementation more efficient. |
2006 |
All sectors | Company Law | First Council Directive 68/151/EEC of 9 March 1968 on co-ordination of safeguards which, for the protection of the interests of members and others, are required by Member States of companies within the meaning of the second paragraph of Article 58 of the Treaty, with a view to making such safeguards equivalent throughout the Community. Third Council Directive 78/855/EEC of 9 October 1978 based on Article 54 (3) (g) of the Treaty concerning mergers of public limited liability companies. Sixth Council Directive 82/891/EEC of 17 December 1982 based on Article 54 (3) (g) of the Treaty, concerning the division of public limited liability companies. Directive 2005/.../EC of the European parliament and the of the Council on cross-border mergers of limited liability companies [Tenth CLD – awaiting formal adoption] Eleventh Council Directive 89/666/EEC of 21 December 1989 concerning disclosure requirements in respect of branches opened in a Member State by certain types of company governed by the law of another State Twelfth Council Company Law Directive 89/667/EEC of 21 December 1989 on single-member private limited-liability companies Directive 2003/58/EC of the European Parliament and of the Council of 15 July 2003 amending Council Directive 68/151/EEC, as regards disclosure requirements in respect of certain types of companies | Codification or recast (depending on the outcome of the on-going review which involves a stakeholder consultation) |
Copyright | Council Directive 91/250/EEC of 14 May 1991 on the legal protection of computer programs Council Directive 92/100/EEC of 19 November 1992 on rental right and lending right and on certain rights related to copyright in the field of intellectual property Council Directive 93/83/EEC of 27 September 1993 on the coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission Council Directive 93/98/EEC of 29 October 1993 harmonizing the term of protection of copyright and certain related rights Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society | Recast with a view to improve the coherence and operation of the legal framework and adapt it to the new digital challenges. |
Customs Code | Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code Council Regulation (EEC) No 918/83 of 28 March 1983 setting up a Community system of reliefs from customs duty Council Regulation (EC) No 82/2001 of 5 December 2000 concerning the definition of the concept of “originating products” and methods of administrative cooperation in trade between the customs territory of the Community and Ceuta and Melilla Council Regulation (EEC) No 3925/91 of 19 December 1991 concerning the elimination of controls and formalities applicable to the cabin and hold baggage of persons taking an intra-Community flight and the baggage of persons making an intra-Community sea crossing Council Regulation (EC) No 1207/2001 of 11 June 2001 on procedures to facilitate the issue of movement certificates EUR.1, the making-out of invoice declarations and forms EUR.2 and the issue of certain approved exporter authorisations under the provisions governing preferential trade between the European Community and certain countries and repealing Regulation (EEC) No 3351/83 | Recast and modernisation of the customs code by means of a new Regulation. In the context of the Electronic Customs Initiative, the modernized Customs Code will create the legal basis for electronic data exchange between all stakeholders involved in customs operations (traders, Member States’ customs administrations, border agencies such as police or veterinary authorities) International trade will be facilitated by streamlined and simplified customs procedures and rules, automated and interlinked customs systems, and the close cooperation of all authorities and agencies involved in the movement of goods across Community borders. |
Customs rules | Rules of Origin (based on the Community Customs Code) | Recast to simplify the system of Rules of Origin |
Environment (waste) | Council Directive 75/442/EEC of 15 July 1975 on waste Council Directive 91/156/EEC of 18 March 1991 amending Directive 75/442/EEC on waste Council Directive 91/689/EEC of 12 December 1991 on hazardous waste | * | Revision as part of the thematic strategy on prevention and recycling of waste |
Council Directive 75/439/EEC of 16 June 1975 on the disposal of waste oils | * | Repeal as part of the thematic strategy on prevention and recycling of waste |
Health and safety | Council Directive 89/655/EEC of 30 November 1989 concerning the minimum safety and health requirements for the use of work equipment by workers at work (second individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) Council Directive 95/63/EC of 5 December 1995 amending Directive 89/655/EEC concerning the minimum safety and health requirements for the use of work equipment by workers at work (second individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC) Directive 2001/45/EC of the European Parliament and of the Council of 27 June 2001 amending Council Directive 89/655/EEC concerning the minimum safety and health requirements for the use of work equipment by workers at work (second individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) | Codification |
Council Directive 83/477/EEC of 19 September 1983 on the protection of workers from the risks related to exposure to asbestos at work (second individual Directive within the meaning of Article 8 of Directive 80/1107/EEC) Council Directive 91/382/EEC of 25 June 1991 amending Directive 83/477/EEC on the protection of workers from the risks related to exposure to asbestos at work (second individual Directive within the meaning of Article 8 of Directive 80/1107/EEC) Council Directive 98/24/EC of 7 April 1998 on the protection of the health and safety of workers from the risks related to chemical agents at work Directive 2003/18/EC of the European Parliament and of the Council of 27 March 2003 amending Council Directive 83/477/EEC on the protection of workers from the risks related to exposure to asbestos at work | Codification |
Industrial property | Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark, and subsequent amendments: Regulation (EC) No 3288/94, Regulation (EC) No 1653/2003, Regulation (EC) No 807/2003, Regulation (EC) No 1992/2003 and Regulation (EC) No 422/2004 | Codification |
Insolvency | Council Directive 80/987/EEC of 20 October 1980 on the approximation of the laws of the Member States relating to the protection of employees in the event of the insolvency of their employer Directive 2002/74/EC of the European Parliament and of the Council of 23 September 2002 amending Council Directive 80/987/EEC on the approximation of the laws of the Member States relating to the protection of employees in the event of the insolvency of their employer | Codification |
Public procurement | Council Directive 71/304/EEC of 26 July 1971 concerning the abolition of restrictions on freedom to provide services in respect of public works contracts and on the award of public works contracts to contractors acting through agencies or branches | Repeal (pending the outcome of the ongoing review) |
Commission Directive 2001/78/EC of 13 September 2001 amending Annex IV to Council Directive 93/36/EEC, Annexes IV, V and VI to Council Directive 93/37/EEC, Annexes III and IV to Council Directive 92/50/EEC, as amended by Directive 97/52/EC, and Annexes XII to XV, XVII and XVIII to Council Directive 93/38/EEC, as amended by Directive 98/4/EC (Directive on the use of standard forms in the publication of public contract notices) | Recast and replacement by a Regulation |
Regulation (EC) No 2195/2002 of the European Parliament and of the Council of 5 November 2002 on the Common Procurement Vocabulary (CPV) | Update and modernisation of the CPV, transforming it into a tool for fully electronic procurement procedures. |
Council Directive 89/665/EEC of 21 December 1989 on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts Council Directive 92/13/EEC of 25 February 1992 coordinating the laws, regulations and administrative provisions relating to the application of Community rules on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors | Revision ongoing with likely simplification implications |
Regulated professions | Council Directive 74/556/EEC of 4 June 1974 laying down detailed provisions concerning transitional measures relating to activities, trade in and distribution of toxic products and activities entailing the professional use of such products including activities of intermediaries Council Directive 74/557/EEC of 4 June 1974 on the attainment of freedom of establishment and freedom to provide services in respect of activities of self- employed persons and of intermediaries engaging in the trade and distribution of toxic products | Repeal (pending the outcome of the ongoing review) |
State Aid | Commission Regulation (EC) No 68/2001 of 12 January 2001 on the application of Articles 87 and 88 of the EC Treaty to training aid Commission Regulation (EC) No 363/2004 of 25 February 2004 amending Regulation (EC) No 68/2001 on the application of Articles 87 and 88 of the EC Treaty to training aid Commission Regulation (EC) No 70/2001 of 12 January 2001 on the application of Articles 87 and 88 of the EC Treaty to State aid to small and medium-sized enterprises Commission Regulation (EC) No 364/2004 of 25 February 2004 amending Regulation (EC) No 70/2001 as regards the extension of its scope to include aid for research and development Commission Regulation (EC) No 2204/2002 of 12 December 2002 on the application of Articles 87 and 88 of the EC Treaty to State aid for employment Corrigendum to Commission Regulation (EC) No 2204/2002 of 12 December 2002 on the application of Articles 87 and 88 of the EC Treaty to State aid for employment (OJ L 337 of 13.12.2002) | Commission Regulation on the application of Articles 87 and 88 of the Treaty to regional aid, SME, R&D, environmental aid, employment, training. Recast and consolidation of four existing instruments (as amended) into one general block exemption instrument and incorporation of two new aspects (regional aid and environmental aid) thus avoiding the need for a further two new instruments. The block exemption takes the form of a Commission Regulation and is a procedural measure to exempt from prior notification under Article 87.1 certain types of aid which comply with the provisions of Article 87.3. |
Taxation | Council Directive 69/335/EEC of 17 July 1969 concerning indirect taxes on the raising of capital | Recast to simplify and modernise the existing Community legislative framework in the area of indirect taxes on the raising of capital and to provide for a phasing out of capital duty. |
Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonization of the laws of the Member States relating to turnover taxes - Common system of value added tax: uniform basis of assessment | Revision: 1) as regards VAT provisions relating to financial services, including insurances: modernisation of existing obsolete rules which hamper efficiency in the EU financial services industry (banks, financial groups). 2) as regards VAT treatment of public authorities and the exemptions for certain activities in the public interest: review aiming at ensuring a more harmonised and neutral VAT system and at establishing a level-playing field between public and private bodies within the EU. |
Council Directive 92/12/EEC of 25 February 1992 on the general arrangements for products subject to excise duty and on the holding, movement and monitoring of such products | Recast with a view to simplifying and modernizing the requirements and to computerizing the procedures |
Trade statistics | Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (“Combined Nomenclature”) | Simplification to reduce the number of subheadings by reassessing the needs of detailed statistical information with a view to lighten the statistical reporting of economic operators |
Agricultural and foodstuff industry | Common Market Organisations | Council Regulation (EC) No 1786/2003 of 29 September 2003 on the common organisation of the market in dried fodder Council Regulation (EC) No 1785/2003 of 29 September 2003 on the common organisation of the market in rice Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals Council Regulation (EC) No 2529/2001 of 19 December 2001 on the common organisation of the market in sheepmeat and goatmeat Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the markets in the sugar sector Council Regulation (EC) No 1673/2000 of 27 July 2000 on the common organisation of the markets in flax and hemp grown for fibre Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk products Council Regulation (EC) No 1254/1999 of 17 May 1999 on the common organisation of the market in beef and veal Council Regulation (EC) No 2201/96 of 28 October 1996 on the common organization of the markets in processed fruit and vegetable products Council Regulation (EC) No 2200/96 of 28 October 1996 on the common organization of the market in fruit and vegetables Council Regulation (EEC) No 404/93 of 13 February 1993 on the common organization of the market in bananas Council Regulation (EEC) No 2075/92 of 30 June 1992 on the common organization of the market in raw tobacco Regulation (EEC) No 2777/75 of the Council of 29 October 1975 on the common organization of the market in poultrymeat Regulation (EEC) No 2771/75 of the Council of 29 October 1975 on the common organization of the market in eggs Regulation (EEC) No 2759/75 of the Council of 29 October 1975 on the common organization of the market in pigmeat Regulation (EEC) No 2358/71 of the Council of 26 October 1971 on the common organisation of the market in seeds Regulation (EEC) No 1696/71 of the Council of 26 July 1971 on the common organisation of the market in hops Regulation (EEC) No 827/68 of the Council of 28 June 1968 on the common organisation of the market in certain products listed in Annex II to the Treaty (“Solde Regulation”) Regulation (EEC) No 234/68 of the Council of 27 February 1968 on the establishment of a common organisation of the market in live trees and other plants, bulbs, roots and the like, cut flowers and ornamental foliage Council Regulation (EC) No 865/2004 of 29 April 2004.on the common organisation of the market in olive oil and table olives and amending Regulation (EEC) No 827/68 | Launching of a step by step process of recast of the existing 21 sectoral CMOs, and codification into one single horizontal Common Market Organisation instrument. |
Egg marketing standards | Council Regulation (EEC) No 1907/90 of 26 June 1990 on certain marketing standards for eggs | Recasting with the objective of facilitating the application of egg marketing standards for the benefit of consumers, producers, traders and public administrations. |
Energy crops | Council Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending Regulations (EEC) No 2019/93, (EC) No 1452/2001, (EC) No 1453/2001, (EC) No 1454/2001, (EC) 1868/94, (EC) No 1251/1999, (EC) No 1254/1999, (EC) No 1673/2000, (EEC) No 2358/71 and (EC) No 2529/2001 | Review of the aid scheme provisions (Article 90) |
Foodstuffs | Council Directive 89/107/EEC of 21 December 1988 on the approximation of the laws of the Member States concerning food additives authorized for use in foodstuffs intended for human consumption, European Parliament and Council Directive 94/35/EC of 30 June 1994 on sweeteners for use in foodstuffs, European Parliament and Council Directive 94/36/EC of 30 June 1994 on colours for use in foodstuffs, European Parliament and Council Directive 95/2/EC of 20 February 1995 on food additives other than colours and sweeteners | Recast into one single act of the existing food additives legislation and update the evaluation and authorisation procedures (EFSA, comitology). Replacement of a Directive by a single Regulation: The more effective evaluation and approval procedures will speed up the decision making process and allow manufacturers and consumers to benefit from new additives in a shorter period of time. Food additives approvals are currently maintained in 3 separate Directives (colours, sweeteners and other additives) some of which have been amended several times. By combining these approvals and the provisions of the current Framework Directive into one Regulation, additives legislation will remain concise and also easier to consult for all stakeholders. The evaluation and approval procedure has been developed in common with that for food flavourings. |
Council Directive 88/388/EEC of 22 June 1988 on the approximation of the laws of the Member States relating to flavourings for use in foodstuffs and to source materials for their production Regulation (EC) No 2232/96 of the European Parliament and of the Council of 28 October 1996 laying down a Community procedure for flavouring substances used or intended for use in or on foodstuffs | Recast with a view to modernise and adapt the existing legislation on flavourings to technological and scientific developments and to establish clear evaluation and authorisation procedures (EFSA, comitology). A new framework will enable European industry to develop more efficiently new flavourings and new applications. It will clarify when and when not flavouring has to be evaluated and under what circumstances flavouring can be called natural. Clarification of the authorisation procedure. Replacement by a regulation |
Fruit and vegetables (fresh and processed) | Council Regulation (EC) No 2201/96 of 28 October 1996 on the common organization of the markets in processed fruit and vegetable products Council Regulation (EC) No 2202/96 of 28 October 1996 introducing a Community aid scheme for producers of certain citrus fruits | Revision to improve competitiveness of processed fruit and vegetables industry, improve market management instruments, reduce trade distortions, delete obsolete legal acts |
Plant Protection Products | Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market | * | Recast and replacement of the directive by a regulation. The objectives of the revision are to further harmonize the authorisation procedure of plant protection products, to define the missions of EFSA for evaluation of active substances and to review the rules on data protection in order to keep a fait balance between the interests of research and generic companies. More effective evaluation and authorisation procedures will avoid duplication of work, speed up the decision making process and ensure a more harmonized availability of plant protection products within the Community. The new Regulation will also provide that the withdrawal of authorizations and expiry of grace periods will not interfere with the normal use period of the plant protection product. The Directive has currently been amended more than 50 times. The intention id to bring all amendments together in a limited number of implementing regulations or annexes. |
Potato starch | Council Regulation (EC) No 1868/94 of 27 July 1994 establishing a quota system in relation to the production of potato starch | New regulation to replace existing potato starch regime; applicable from the 2007-08 marketing year. |
State aid rules | Commission Regulation (EC) No 1/2004 of 23 December 2003 on the application of Articles 87 and 88 of the EC Treaty to State aid to small and medium-sized enterprises active in the production, processing and marketing of agricultural products Community Guidelines for State aid in the agriculture sector (OJ C 28 of 1.2.2000) Community guidelines for State aid for advertising of products listed in Annex I to the EC Treaty and of certain non-Annex I products (OJ C 252 of 12.9.2001) Community guidelines for State aid concerning TSE tests, fallen stock and slaughterhouse waste (OJ C 324 of 24.12.2002). Commission Regulation (EC) No 1860/2004 of 6 October 2004 on the application of Articles 87 and 88 of the EC Treaty to de minimis aid in the agriculture and fisheries sectors Commission communication on State aids: subsidised short-term loans in agriculture (crédits de gestion) (OJ C 44 of 16.2.1996) Commission communication amending the Community framework for State aid for research and development (agriculture part only) (OJ C 48 of 13.2.1998) | Recast – the seven texts in force relating to state aids will be reduced to three: the exemption regulation, one set of guidelines, and the de minimis regulation |
Wine | Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine | Recast to improve competitiveness and sustainability of the sector, better monitor and manage the wine market, and improve the balance between supply and demand in both qualitative and quantitative terms. |
Radiation protection | Council Regulation (Euratom) No 3954/87 of 22 December 1987 laying down maximum permitted levels of radioactive contamination of foodstuffs and of feedingstuffs following a nuclear accident or any other case of radiological emergency, modified by - Council Regulation 2218/89 of 18 July 1989 amending Council Regulation 3954/87/EURATOM - Commission Regulation 770/90 of 29 March 1990 laying down maximum permitted levels of radioactive contamination of feeding stuffs following a nuclear accident or any other case of radiological emergency - Commission Regulation 944/89 of 12 April 1989 laying down maximum permitted levels of radioactive contamination in minor foodstuffs and of feeding stuffs following a nuclear accident or any other case of radiological emergency | Codification |
Council Regulation (EEC) No 737/90 of 22 March 1990 on the conditions governing imports of agricultural products originating in third countries following the accident at the Chernobyl nuclear power-station Council Regulation 616/2000 of 20 March 2000 amending Regulation (EEC) 737/90 on the conditions governing imports of agricultural products originating in third countries following the accident at the Chernobyl nuclear power station. | Codification |
Manufacturing industry | Pharmaceutical industry | Council Regulation (EEC) No 2377/90 of 26 June 1990 laying down a Community procedure for the establishment of maximum residue limits of veterinary medicinal products in foodstuffs of animal origin | Recast to: - reduce the number of lists of substances, – enhance transparency in the assessment procedure – ensure compliance with international trade standards It will provide incentives to ensure availability of veterinary medicinal products for food-producing animals, and ensure consistency with parallel review of the legislation on control of residues in foodstuffs of animal origin. |
Wood | Council Directive 68/89/EEC of 23 January 1968 on the approximation of the laws of the Member States concerning the classification of wood in the rough | Repeal |
Financial services | Insurance | Directive 2002/83/EC of the European Parliament and of the Council of 5 November 2002 concerning life assurance Directive 98/78/EC of the European Parliament and of the Council of 27 October 1998 on the supplementary supervision of insurance undertakings in an insurance group First Council Directive 73/239/EEC of 24 July 1973 on the coordination of laws, regulations and administrative provisions relating to the taking-up and pursuit of the business of direct insurance other than life assurance Council Directive 76/580/EEC of 29 June 1976 amending Directive 73/239/EEC on the coordination of laws, regulations and administrative provisions relating to the taking up and pursuit of the business of direct insurance other than life assurance Council Directive 84/641/EEC of 10 December 1984 amending, particularly as regards tourist assistance, the First Directive (73/239/EEC) on the coordination of laws, regulations and administrative provisions relating to the taking-up and pursuit of the business of direct insurance other than life assurance Council Directive 87/343/EEC of 22 June 1987 amending, as regards credit insurance and suretyship insurance, First Directive 73/239/EEC on the coordination of laws, regulations and administrative provisions relating to the taking-up and pursuit of the business of direct insurance other than life assurance Council Directive 87/344/EEC of 22 June 1987 on the coordination of laws, regulations and administrative provisions relating to legal expenses insurance Second Council Directive 88/357/EEC of 22 June 1988 on the coordination of laws, regulations and administrative provisions relating to direct insurance other than life assurance and laying down provisions to facilitate the effective exercise of freedom to provide services and amending Directive 73/239/EEC Council Directive 90/618/EEC of 8 November 1990 amending, particularly as regards motor vehicle liability insurance, Directive 73/239/EEC and Directive 88/357/EEC which concern the coordination of laws, regulations and administrative provisions relating to direct insurance other than life assurance Council Directive 92/49/EEC of 18 June 1992 on the coordination of laws, regulations and administrative provisions relating to direct insurance other than life assurance and amending Directives 73/239/EEC and 88/357/EEC (third non-life insurance Directive) Directive 2002/12/EC of the European Parliament and of the Council of 5 March 2002 amending Council Directive 79/267/EEC as regards the solvency margin requirements for life assurance undertakings Council Directive 73/240/EEC of 24 July 1973 abolishing restrictions on freedom of establishment in the business of direct insurance other than life assurance Council Directive 78/473/EEC of 30 May 1978 on the coordination of laws, regulations and administrative provisions relating to Community co-insurance | In the context of the Solvency II project, recast of the relevant Insurance Directives into one single instrument. |
Motor insurance | Council Directive 72/166/EEC of 24 April 1972 on the approximation of the laws of Member States relating to insurance against civil liability in respect of the use of motor vehicles, and to the enforcement of the obligation to insure against such liability as amended by Council Directive 72/430/EEC of 19 December 1972 amending Council Directive 72/166/EEC of 24 April 1972 on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles and to the enforcement of the obligation to insure against such liability Second Council Directive 84/5/EEC of 30 December 1983 on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles Third Council Directive 90/232/EEC of 14 May 1990 on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles Directive 2000/26/EC of the European Parliament and of the Council of 16 May 2000 on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles and amending Council Directives 73/239/EEC and 88/357/EEC (Fourth motor insurance Directive) Directive 2005/14/EC of the European Parliament and of the Council of 11 May 2005 amending Council Directives 72/166/EEC, 84/5/EEC, 88/357/EEC and 90/232/EEC and Directive 2000/26/EC of the European Parliament and of the Council relating to insurance against civil liability in respect of the use of motor vehicles . | Recasting into one single Directive (replacing six directives) |
Securities | Directive 98/26/EC of the European Parliament and of the Council of 19 May 1998 on settlement finality in payment and securities settlement systems | Directive subject to ex-post evaluation. The evaluation report will be adopted by the Commission end 2005/beginning 2006 |
A. Core items of Community law specifically devoted to UCITS/investment funds which are the object of codification: Council Directive 85/611/EEC of 20 December 1985 on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS) Council Directive 88/220/EEC of 22 March 1988 amending, as regards the investment policies of certain UCITS, Directive 85/611/EEC on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investments in transferable securities (UCITS) Directive 2001/107/EC of the European Parliament and of the Council of 21 January 2002 amending Council Directive 85/611/EEC on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS) with a view to regulating management companies and simplified prospectuses Directive 2001/108/EC of European Parliament and Council of 21 January 2002 Council Directive 85/611/EEC on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS), with regard to investments of UCITS B. Changes introduced by other cross-product/service legislation which will also be integrated in codified version. European Parliament and Council Directive 95/26/EC of 29 June 1995 amending Directives 77/780/EEC and 89/646/EEC in the field of credit institutions, Directives 73/239/EEC and 92/49/EEC in the field of non- life insurance, Directives 79/267/EEC and 92/96/EEC in the field of life assurance, Directive 93/22/EEC in the field of investment firms and Directive 85/611/EEC in the field of undertakings for collective investment in transferable securities (Ucits), with a view to reinforcing prudential supervision Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004 on markets in financial instruments amending Council Directives 85/611/EEC and 93/6/EEC and Directive 2000/12/EC of the European Parliament and of the Council and repealing Council Directive 93/22/EEC Directive 2005/1/EC of the European Parliament and of the Council of 9 March 2005 amending Council Directives 73/239/EEC, 85/611/EEC, 91/675/EEC, 92/49/EEC and 93/6/EEC and Directives 94/19/EC, 98/78/EC, 2000/12/EC, 2001/34/EC, 2002/83/EC and 2002/87/EC in order to establish a new organisational structure for financial services committees | Codification into one Directive of the UCITS acquis implying: 4 core items of Community law specifically devoted to UCITS/investment funds, and 3 other cross-product/service legislation, which will also be integrated in codified version. |
Transport Services | Air transport | Council Regulation (EEC) No 2407/92 of 23 July 1992 on licensing of air carriers Council Regulation (EEC) No 2408/92 of 23 July 1992 on access for Community air carriers to intra-Community air routes Council Regulation (EEC) No 2409/92 of 23 July 1992 on fares and rates for air services | Recast to improve readability and remove ambiguities and obsolete provision |
Maritime transport | Directive 2001/25/EC of the European Parliament and of the Council of 4 April 2001 on the minimum level of training of seafarers | Codification |
Rail transport | Regulation (EC) No 881/2004 of the European Parliament and of the Council of 29 April 2004 establishing a European Railway Agency (Agency Regulation) Directive 2004/49/EC of the European Parliament and of the Council of 29 April 2004 on safety on the Community's railways and amending Council Directive 95/18/EC on the licensing of railway undertakings and Directive 2001/14/EC on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification (Railway Safety Directive) | Modification of these legal acts in view of simplifying the process of certification for railway undertakings and the rail industry. This will be achieved through an extension of the competences of the European Railway Agency – ERA. |
Road transport | Council Directive 96/96/EC of 20 December 1996 on the approximation of the laws of the Member States relating to roadworthiness tests for motor vehicles and their trailers | Codification of the basic act and its four Commission Directives adapting it technical progress, and possible simplification (pending the findings of an ongoing study to be completed by the end of 2006) |
Council Directive 96/26/EC of 29 April 1996 on admission to the occupation of road haulage operator and road passenger transport operator and mutual recognition of diplomas, certificates and other evidence of formal qualifications intended to facilitate for these operators the right to freedom of establishment in national and international transport operations | Recast involving a simplification of procedures. |
Commission Recommendation of 6 April 2004 on enforcement in the field of road safety (2004/345/EC) | Simplification of the reporting requirements (instrument: working group composed of national representatives); avoiding supplementary acts; work ongoing. |
Transport of dangerous goods | Council Directive 94/55/EC of 21 November 1994 on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road Council Directive 96/49/EC of 23 July 1996 on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail | Recast: new directive or regulation and, at the same time, discontinue the translation and publication of the annexes in all Community languages (± 900 pages per mode). |
Transport of dangerous goods | Council Directive 96/35/EC of 3 June 1996 on the appointment and vocational qualification of safety advisers for the transport of dangerous goods by road, rail and inland waterway Directive 2000/18/EC of the European Parliament and of the Council of 17 April 2000 on minimum examination requirements for safety advisers for the transport of dangerous goods by road, rail or inland waterway | Repeal: The provisions included in these directives are already incorporated in existing international agreements |
Energy | New and renewable energies | Council Directive 92/75/EEC of 22 September 1992 on the indication by labelling and standard product information of the consumption of energy and other resources by household appliances | Recast, notably to extend the field of the Directive |
Regulation (EC) No 2422/2001 of the European Parliament and of the Council of 6 November 2001 on a Community energy efficiency labelling programme for office equipment | Recast (in the context of the renewal of the Energy Star International Agreement - package including a proposal for a new Council Decision) to simplify procedures and reduce requirements for Member States |
Nuclear energy | EAEC Council: The Statutes of the Euratom Supply Agency (OJ 27, 6.12.1958) EAEC Supply Agency: Rules of the Supply Agency of the European Atomic Energy Community determining the manner in which demand is to be balanced against the supply of ores, source materials and special fissile materials (Official Journal 032, 11.05.1960) | Recast: Procedures for approving supply contracts will be simplified. |
Oil stocks | Council Directive 68/414/EEC of 20 December 1968 imposing an obligation on Member States of the EEC to maintain minimum stocks of crude oil and/or petroleum products 68/416/EEC: Council Decision of 20 December 1968 on the conclusion and implementation of individual agreements between Governments relating to the obligation of Member States to maintain minimum stocks of crude oil and/or petroleum products Council Directive 72/425/EEC of 19 December 1972 amending the Council Directive of 20 December 1968 imposing an obligation on Member States of the EEC to maintain minimum stocks of crude oil and/or petroleum products Council Directive 73/238/EEC of 24 July 1973 on measures to mitigate the effects of difficulties in the supply of crude oil and petroleum products 77/706/EEC: Council Decision of 7 November 1977 on the setting of a Community target for a reduction in the consumption of primary sources of energy in the event of difficulties in the supply of crude oil and petroleum products 79/639/EEC: Commission Decision of 15 June 1979 laying down detailed rules for the implementation of Council Decision 77/706/EEC Council Directive 98/93/EC of 14 December 1998 amending Directive 68/414/EEC imposing an obligation on Member States of the EEC to maintain minimum stocks of crude oil and/or petroleum products | Recast/repeal |
Fisheries sector | Conservation policy | Council Regulation (EC) No 850/98 of 30 March 1998 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms and its modifications | Recast with a view to clarify and improve the legibility of the technical measures, to reinforce their consistency and to modernize the regulatory framework |
Fisheries control and monitoring | Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy | Recast into a single document of all aspects related to the control and monitoring of fisheries activities (declaration of catches, tolerance margins, landing declaration, transport, localisation of the fleet, etc.) and increased use of IT tools to reduce reporting obligations |
Council Regulation (EC) No 3317/94 of 22 December 1994 laying down general provisions concerning the authorization of fishing in the waters of a third country under a fisheries agreement | Recast, with the view to clarify and improve the management of fishing authorizations and with a view to introduce IT tools (“Fishing authorisations permits”). |
Fisheries financial instrument | Commission Regulation (EC) No 366/2001 of 22 February 2001 laying down detailed rules for implementing the measures provided for in Council Regulation (EC) No 2792/1999 Commission Regulation (EC) No 908/2000 of 2 May 2000 laying down detailed rules for calculating aid granted by Member States to producer organisations in the fisheries and aquaculture sector Commission Regulation (EC) No 2722/2000 of 13 December 2000 establishing the conditions under which the Financial Instrument for Fisheries Guidance (FIFG) may make a contribution towards the eradication of pathological risks in aquaculture | Recast into a single document |
2007 |
All sectors | Accounting | Fourth Council Directive 78/660/EEC of 25 July 1978 based on Article 54(3)(g) of the Treaty on the annual accounts of certain types of companies Seventh Council Directive 83/349/EEC of 13 June 1983 based on the Article 54(3)(g) of the Treaty on consolidated accounts Eighth Council Directive 84/253/EEC of 10 April 1984 based on Article 54(3)(g) of the Treaty on the approval of persons responsible for carrying out the statutory audits of accounting documents Council Directive 90/604/EEC of 8 November 1990 amending Directive 78/660/EEC on annual accounts and Directive 83/349/EEC on consolidated accounts as concerns the exemptions for small and medium-sized companies and the publication of accounts in ecus Council Directive 90/605/EEC of 8 November 1990 amending Directive 78/660/EEC on annual accounts and Directive 83/349/EEC on consolidated accounts as regards the scope of those Directives Council Directive 94/8/EC of 21 March 1994 amending Directive 78/660/EEC as regards the revision of amounts expressed in ecus Directive 2001/65/EC of the European Parliament and of the Council of 27 September 2001 amending Directives 78/660/EEC, 83/349/EEC and 86/635/EEC as regards the valuation rules for the annual and consolidated accounts of certain types of companies as well as of banks and other financial institutions Council Directive 2003/38/EC of 13 May 2003 amending Directive 78/660/EEC on the annual accounts of certain types of companies as regards amounts expressed in euro Directive 2003/51/EC of the European Parliament and of the Council of 18 June 2003 amending Directives 78/660/EEC, 83/349/EEC, 86/635/EEC and 91/674/EEC on the annual and consolidated accounts of certain types of companies, banks and other financial institutions and insurance undertakings (Text with EEA relevance) | * | Recast and codification of the accounting acquis to: raise the thresholds defining SME’s (thus exempting more companies from reporting obligations) (*) simplify and update accounting rules under fourth and seventh CLD’s for SME’s. consolidate all Commission Regulations on IAS/IFRS/SIC/IFRIC in force in the EU (this could lead to the abrogation of six Regulations) incorporate the international standards of auditing (ISA’s) in the revised eighth CLD |
Company Law | First Council Directive 68/151/EEC of 9 March 1968 on co-ordination of safeguards which, for the protection of the interests of members and others, are required by Member States of companies within the meaning of the second paragraph of Article 58 of the Treaty, with a view to making such safeguards equivalent throughout the Community. Third Council Directive 78/855/EEC of 9 October 1978 based on Article 54(3)(g) of the Treaty concerning mergers of public limited liability companies. Sixth Council Directive 82/891/EEC of 17 December 1982 based on Article 54(3)(g) of the Treaty, concerning the division of public limited liability companies. Directive 2005/.../EC of the European parliament and the of the Council on cross-border mergers of limited liability companies [Tenth CLD – awaiting formal adoption] Eleventh Council Directive 89/666/EEC of 21 December 1989 concerning disclosure requirements in respect of branches opened in a Member State by certain types of company governed by the law of another State Twelfth Council Company Law Directive 89/667/EEC of 21 December 1989 on single-member private limited-liability companies Directive 2003/58/EC of the European Parliament and of the Council of 15 July 2003 amending Council Directive 68/151/EEC, as regards disclosure requirements in respect of certain types of companies | Comprehensive recast of the entire Company Law acquis. |
Consumer protection acquis | Council Directive 85/577/EEC of 20 December 1985 to protect the consumer in respect of contracts negotiated away from business premises Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts - Statement by the Council and the Parliament re Article 6(1) - Statement by the Commission re Article 3(1), first indent Commission Directive 97/47/EC of 28 July 1997 amending the Annexes to Council Directives 77/101/EEC, 79/373/EEC and 91/357/EEC Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts Directive 98/6/EC of the European Parliament and of the Council of 16 February 1998 on consumer protection in the indication of the prices of products offered to consumers Directive 1999/44/EC of the European Parliament and of the Council of 25 May 1999 on certain aspects of the sale of consumer goods and associated guarantees Directive 98/27/EC of the European Parliament and of the Council of 19 May 1998 on injunctions for the protection of consumers’ interests | Rationalisation and simplification of the acquis in order to remove possible inconsistencies, overlaps, internal market barriers and distortions of competition If, during the diagnostic phase, the Commission finds evidence that the acquis needs to be revised or completed the Commission could theoretically choose between 2 options: a) a vertical approach consisting of the individual revision of existing directives (e.g. revision of the Timeshare Directive) or the regulation of specific sectors (e.g. a directive on tourism, including provisions of the Package Travel and Timeshare Directives); b) a more horizontal approach, adopting one or more framework instruments to regulate common features of the acquis. This framework instrument(s) would provide common definitions and regulate the main consumer contractual rights and remedies. In accordance with Better Regulation principles, this instrument would rationalise the regulatory framework considerably since all the relevant provisions of the relevant existing directives would be systematised into the new directive. The exercise concerns 8 directives and 6 amending directives. |
Eco-auditing | Regulation (EC) No 761/2001 of the European parliament and of the council of 19 March 2001 allowing voluntary participation by organisations in a Community eco-management and audit scheme (EMAS) | Recast / modification of approach, including measures to facilitate participation of SMEs |
Environment Emissions from industrial plants | Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control Council Directive 88/609/EEC of 24 November 1988 on the limitation of emissions of certain pollutants into the air from large combustion plants Council Directive 1999/13/EC of 11 March 1999 on the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain activities and installations | Review of the IPPC Directive and other related legislation on industrial emissions with the view to possible recasting to improve clarity, consistency and streamlining, notably in terms of reporting |
Directive 2000/76/EC of the European Parliament and of the Council of 4 December 2000 on the incineration of waste | * |
Environment Ozone Layer | Regulation (EC) No 2037/2000 of the European Parliament and of the Council of 29 June 2000 on substances that deplete the ozone layer | Recast with a view to improving and clarify where appropriate the existing framework |
Labour law | Council Directive 91/533/EEC of 14 October 1991 on an employer’s obligation to inform employees of the conditions applicable to the contract or employment relationship Council Directive 98/59/EC of 20 July 1998 on the approximation of the laws of the Member States relating to collective redundancies Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community | Codification into one single Directive |
Statistics – Intrastat | Regulation (EC) No 638/2004 of the European Parliament and of the Council of 31 March 2004 on Community statistics relating to the trading of goods between Member States and repealing Council Regulation (EEC) No 3330/91 | * | Simplification with a view to lighten the statistical reporting of economic operators, possibly exempting SMEs, taking into account the outcome of the ongoing pilot project of administrative costs and a future feasibility study to analyse workability of a collection system limited to one flow |
Agricultural and foodstuff industry | Cross-compliance | Council Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending Regulations (EEC) No 2019/93, (EC) No 1452/2001, (EC) No 1453/2001, (EC) No 1454/2001, (EC) 1868/94, (EC) No 1251/1999, (EC) No 1254/1999, (EC) No 1673/2000, (EEC) No 2358/71 and (EC) No 2529/2001 | Review of the statutory management requirements (Article 8) accompanied by appropriate proposals |
Feed/Animal nutrition | Council Directive 79/373/EEC of 2 April 1979 on the marketing of compound feedingstuffs Council Directive 96/25/EC of 29 April 1996 on the circulation of feed materials, amending Directives 70/524/EEC, 74/63/EEC, 82/471/EEC and 93/74/EEC and repealing Directive 77/101/EEC Council Directive 82/471/EEC of 30 June 1982 concerning certain products used in animal nutrition Council Directive 93/74/EEC of 13 September 1993 on feedingstuffs intended for particular nutritional purposes | Recast, modernisation and replacement of the four directives by a regulation to modify the existing feed labelling requirements, to extend the non-exclusive list of feed materials and to align the authorisation procedures with principles and provisions set out in the General Food Law. The main objectives of the future proposal are to ensure food and feed safety, to facilitate smooth functioning of the internal market. and to protect the economic interests of the feed users. The recast will: eliminate the existing differences between laws, regulations and administrative provisions of MS that hamper the smooth functioning of the internal market; increase clarity and rationality: operators claim that legal requirements are spread over various legal instruments with different requirements for similar products; improve food and feed safety: harmonised approach for the authorisation of certain feed materials and revision of certain labelling provisions that may undermine food safety. In addition to the four directives, the exercise will also concern around 30 amending directives. |
Foodstuffs | Directive 2000/13/EC of the European Parliament and of the Council of 20 March 2000 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs and 4 related directives | * | Broad recast of the labelling legislation to update, modernise and merge the different texts in one single regulation. It should simplify and clarify the structure and scope of the existing labelling legislation, both horizontal and vertical, bringing all of the common aspects together in a single instrument. It will have to better establish the rules under which labelling will operate in order to: Enable consumers to make informed, safe, healthy and sustainable choices. Contribute to a pro-competitive market environment in which operators can make efficient use of labelling to sell their products The review might also address the consistency with other labelling requirements relating to health (nutritional labelling, label of alcoholic beverages), ethics (animal welfare, ‘fair trade’), origin labelling, etc… |
Commission Regulation (EC) No 298/97 of 19 February 1997 fixing representative prices and additional import duties in the poultrymeat and egg sectors and for egg albumin, and amending Regulation (EC) No 1484/95 | Recast and modernisation of the regulation, implementation of a centralised authorisation procedure |
Fruit and vegetables – regional implementation | Council Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending Regulations (EEC) No 2019/93, (EC) No 1452/2001, (EC) No 1453/2001, (EC) No 1454/2001, (EC) 1868/94, (EC) No 1251/1999, (EC) No 1254/1999, (EC) No 1673/2000, (EEC) No 2358/71 and (EC) No 2529/2001 | Review of Article 60 provisions accompanied by appropriate proposals |
Manufacturing industry | Construction | Council Directive 89/106/EEC of 21 December 1988 on the approximation of laws, regulations and administrative provisions of the Member States relating to construction products | * | Simplification, clarification and reduction of administrative costs and burden, in particular for small and medium-sized enterprises, through more flexibility in the formulation and use of technical specifications, lighter certification rules, and elimination of the implementation obstacles that so far have hampered the creation of a full internal market for construction products. |
Cosmetics | Council Directive 76/768/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to cosmetic products And its amending texts (7 subsequent amending Directives, 2 Directives postponing the date after which animal test are prohibited as well as 37 adaptation to technical progress Directives) | Simplification / codification |
Medical devices | Council Directive 90/385/EEC of 20 June 1990 on the approximation of the laws of the Member States relating to active implantable medical devices | Recast into a regulation. Adaptation of the market authorisation procedures |
Council Directive 93/42/EEC of 14 June 1993 concerning medical devices | * |
Directive 2000/70/EC of the European Parliament and of the Council of 16 November 2000 amending Council Directive 93/42/EEC as regards medical devices incorporating stable derivates of human blood or human plasma Directive 2001/104/EC of the European Parliament and of the Council of 7 December 2001 amending Council Directive 93/42/EEC concerning medical devices | Recast into a regulation to improve consistency and enable the use of IT for information transmission. |
Motor vehicles | About 28 specific directives on motor vehicles based on Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers | Once Directive 70/156//EEC recast is finally adopted, the Commission will be able to repeal, probably in 2007, approximately 28 out of 56 directives (by making UNECE regulations compulsory). The simplification will allow industry to adapt faster to technical developments at international level. |
More than 10 directives setting geometrical requirements for motor vehicles (e.g. Council Directive 92/21/EEC of 31 March 1992 on the masses and dimensions of motor vehicles of category M1) | Introduction of virtual / self testing to reduce costs and administrative burden of present procedures. Virtual and self testing will speed up product development and reduce costs for both industry and consumers |
Technical harmonisation of products | 25 Directives setting essential requirements for the free movement of certain product categories within the internal market (the so-called “new approach” Directives) | Simplification of the certification rules |
Financial Services | Supervision | Directive 2002/87/EC of the European Parliament and of the Council of 16 December 2002 on the supplementary supervision of credit institutions, insurance undertakings and investment firms in a financial conglomerate and amending Council Directives 73/239/EEC, 79/267/EEC, 92/49/EEC, 92/96/EEC, 93/6/EEC and 93/22/EEC, and Directives 98/78/EC and 2000/12/EC of the European Parliament and of the Council | Review |
Transport services | Maritime transport | Council Directive 96/98/EC of 20 December 1996 on marine equipment | Recast. |
2008 |
All sectors | Taxation | Council Directive 2003/49/EC of 3 June 2003 on a common system of taxation applicable to interest and royalty payments made between associated companies of different Member States as amended | Recast to simplify the existing Community legislation by consolidating the legal text and by simplifying the procedures relating to exemption from withholding tax |
Agricultural and foodstuff industry | Dairy sector | Council Regulation (EC) No 1788/2003 of 29 September 2003 establishing a levy in the milk and milk products sector | Review of the provisions accompanied by appropriate proposals |
Dried fodder | Council Regulation (EC) No 1786/2003 of 29 September 2003 on the common organisation of the market in dried fodder | Review of the provisions accompanied by appropriate proposals |
Manufacturing industry | Pressure vessels and equipments | Council Directive 76/767/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to common provisions for pressure vessels and methods for inspecting them Council Directive 87/404/EEC of 25 June 1987 on the harmonization of the laws of the Member States relating to simple pressure vessels Council Directive 97/23/EC of 29 May 1997 on the approximation of the laws of the Member Sates concerning pressure equipment Council Directive 1999/36/EC of 29 April 1999 on transportable pressure equipment | * | Recast into one legal instrument by implementing the revised regulatory approach to technical harmonisation |
Environment Waste | Directive 2002/95/EC of the European Parliament and of the Council of 27 January 2003 on the restriction of the use of certain hazardous substances in electrical and electronic equipment Directive 2002/96/EC of the European Parliament and of the Council of 27 January 2003 on waste electrical and electronic equipment (WEEE) | Review based on the experience of the application of the Directives and based on the development of the state of technology, experience gained, environmental requirements and the functioning of the internal market. The review shall, as appropriate, be accompanied by proposals for revision of the relevant provisions of these Directives. |
Transport services | Air transport | Council Directive 91/670/EEC of 16 December 1991 on mutual acceptance of personnel licences for the exercise of functions in civil aviation Council Regulation (EEC) No 3922/91 of 16 December 1991 on the harmonization of technical requirements and administrative procedures in the field of civil aviation | Once the competencies of the European Aviation Safety Agency are extended, notably as far as the air operations and pilot licences are concerned, the two above mentioned acts as well as its technical adaptations and modifications will be abrogated. |
Infrastructure | Council Regulation (EC) 2236/95 laying down general rules for the granting of Community financial aid in the field of trans-European networks | Recast |
Road transport | Council Regulation (EEC) No 3821/85 of 20 December 1985 on recording equipment in road transport | Recast |
Council Regulation (EEC) No 881/92 of 26 March 1992 on access to the market in the carriage of goods by road within the Community to or from the territory of a Member State or passing across the territory of one or more Member States Council Regulation (EEC) No 684/92 of 16 March 1992 on common rules for the international carriage of passengers by coach and bus First Council Directive of 23 July 1962 on the establishment of common rules for certain types of carriage of goods by road between Member States Council Regulation (EEC) No 3118/93 of 25 October 1993 laying down the conditions under which non-resident carriers may operate national road haulage services within a Member State Commission Directive 98/12/EC of 27 January 1998 adapting to technical progress Council Directive 71/320/EEC on the approximation of the laws of the Member States relating to the braking devices of certain categories of motor vehicles and their trailers Regulation (EC) No 484/2002 of the European Parliament and of the Council of 1 March 2002 amending Council Regulations (EEC) No 881/92 and (EEC) No 3118/93 for the purposes of establishing a driver attestation | Recast: one single regulation will ensure consistency in treatment of different parts of the sector and coherence in the regulatory approach to the sector |
Maritime Transport | Regulation (EC) No 725/2004 of the European Parliament and of the Council of 31 March 2004 on enhancing ship and port facility security | Recast |
Energy | Radiation protection | Council Directive 89/618/Euratom of 27 November 1989 on informing the general public about health protection measures to be applied and steps to be taken in the event of a radiological emergency Council Directive 90/641/Euratom of 4 December 1990 on the operational protection of outside workers exposed to the risk of ionizing radiation during their activities in controlled areas Council Directive 92/3/Euratom of 3 February 1992 on the supervision and control of shipments of radioactive waste between Member States and into and out of the Community Council Directive 96/29/Euratom of 13 May 1996 laying down basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionizing radiation Council Directive 97/43/Euratom of 30 June 1997 on health protection of individuals against the dangers of ionizing radiation in relation to medical exposure, and repealing Directive 84/466/Euratom Council Directive 2003/122/Euratom of 22 December 2003 on the control of high-activity sealed radioactive sources and orphan sources Council Regulation (Euratom) No 1493/93 of 8 June 1993 on shipments of radioactive substances between Member States 93/552/Euratom: Commission Decision of 1 October 1993 establishing the standard document for the supervision and control of shipments of radioactive waste referred to in Council Directive 92/3/Euratom 90/143/Euratom: Commission Recommendation of 21 February 1990 on the protection of the public against indoor exposure to radon Commission Recommendation of 20 December 2001 on the protection of the public against exposure to radon in drinking water supplies (notified under document number C(2001) 4580) | Recast into a single Council directive establishing the Basic Safety Standards for the protection against the dangers arising from exposure to ionising radiation |
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COM(2005) 97, 16.3.2005.
Commission communication on an EU common methodology for assessing administrative costs imposed by legislation - COM(2005) 518, 21.10.2005, and SEC(2005) 1329.
Commission Communication on the ‘outcome the screening of legislative proposals pending before the legislator » - COM(2005) 462.
The first initiative to simplify EU legislation was launched in 1997; the second comprehensive simplification programme – COM(2003) 71 – was launched in February 2003. As a result of the screening of 42 policy sectors, the Commission identified more than 200 legal acts with a potential for simplification and has adopted more than 35 initiatives with simplification implications. To date, 15 legislative simplification proposals are still pending before the legislator. In addition, to improve the accessibility, readability and consistency of the Community acquis , considerable work has been done to produce consolidated and codified texts. Besides, several hundred repeals and declarations of obsolescence have significantly contributed to further reducing the volume of the acquis.
The Commission launched on 1st June 2005 a survey to “improve the business environment”(http://europa.eu.int/yourvoice/forms/dispatch?form=418&lang=EN). The consultation is ongoing until the end of the year.
http://europa.eu.int/solvit/
In November 2004, the Competitiveness Council identified 15 priority areas for simplification of EU legislation. In response, with the adoption of three legislative proposals and the launching of seven non-legislative initiatives – which could at a later stage result into further legislative initiatives, the Commission will have addressed by the end of the year 13 out of these 15 Council priorities.
Communication on “Simplification and Better Regulation for the Common Agricultural Policy” - COM(2005) 509.
The Commission adopted a Commission working document on “Better Regulation and the Thematic Strategies for the Environment” - COM(2005) 466.
The Commission will present in 2006 a new health and safety strategy for the period 2007-2012.
The Commission adopted in December 2004 a Communication on “Perspectives for simplifying and improving the regulatory environment of the Common Fisheries Policy (CFP) ” - COM(2004) 820 - and a Staff Working Document entitled “Analysis of the possibilities of simplification and improvement of the regulatory environment of the CFP and its implementation” - SEC(2004) 1596. Before the end of the year, the Commission will adopt a multi-annual plan for the simplification of the CFP following consultations with public administrations and the industry.
The forthcoming proposal from the Commission on the multi-annual statistical programme for 2008-12 and, as a pilot exercise, in the 2007 annual work programme will include a number of initiatives to reduce the statistical requirements in areas of lower priority.
The Commission will present in 2006 a Green Paper on the development of labour law.
The “ Competitive Automotive Regulatory System for the 21 st century ” (CARS 21) initiative consists of a High Level Group which reviews existing legislation with a view to improving the regulatory framework affecting the competitiveness of the automotive industry. This group will make recommendations on a regulatory roadmap for the next 10 years. See also http://europa.eu.int/comm/enterprise/automotive/pagesbackground/competitiveness/cars21.htm
COM(2005) 474.
Detailed rules for the implementation of this aspect of simplification policy for autonomous Commission acts were issued to Commission services in February 2004 by the Secretary-General and the Legal Service.
COM(2004) 708. The proposal includes a mechanism prohibiting Member States to regulate at national level what is deregulated at Community level.
Codification is the process whereby the provisions of an act and all its amendments are brought together in a new legally binding act which repeals the acts which it replaces, without changing the substance of those provisions.
In November 2001 the Commission launched a major programme for codification - COM(2001) 645 - of all community secondary legislation.
Consolidation is the process whereby the provisions of an act and all its amendments are gathered together mechanically without any intervention whatsoever. The consolidation of the entire EU acquis was completed, as planned, by summer 2003 and the result is freely available to the public via EUR-Lex.
Recasting is the process whereby a new legally binding act repealing the acts which it replaces combines both the amendment of the substance of the legislation and the codification of the remainder which is intended to remain unchanged.
Inter-institutional Agreement of 28 November 2001 on a more structured use of the recasting technique of legal acts - OJ C 77, 28.3.2002, p. 1.
Commission Communication on the role of European standardisation in the framework of European policies and legislation - COM(2004) 674 - and proposal for a Decision of the European Parliament and the Council on the financing of European standardisation - COM(2005) 377.
COM(2004) 324, amending COM(2002) 719.
i2010 - A European Information Society for growth and employment - COM(2005) 229.
15 legislative proposals tabled according to the 2003 simplification programme are still pending before the legislator.
Administrative costs are defined as the costs incurred by enterprises, the voluntary sector, public authorities and citizens in meeting legal obligations to provide information on their action or production, either to public authorities or to private parties. Information is to be construed in a broad sense, i.e. including costs of labelling, reporting, monitoring and assessment needed to provide the information and registration.