Annexes to COM(2008)32 - Second strategic review of Better Regulation in the EU

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dossier COM(2008)32 - Second strategic review of Better Regulation in the EU.
document COM(2008)32 EN
date January 30, 2008
agreements. Some, however, occur as unintended side-effects of the way each party regulates, and may be unnecessary or harmful to business and consumers.

In drawing up initiatives, the Commission already benefits from input from third countries to its consultation process. In addition, the impact assessment system requires that external impacts be taken into account. The Commission will ensure that these external impacts, for example, on trade and investment and on developing countries are examined thoroughly. Where international standards exist, impact assessments will assess the option of relying on these rather than taking a specific European initiative.

The Commission has a long-standing practice of dialogue on regulatory issues in multilateral organisations such as the OECD and UN and with key trading partners. To project the Lisbon strategy abroad, the Commission will use international dialogue to address horizontal and systemic barriers and facilitate convergence where possible. The EU’s better regulation approach may provide inspiration abroad and vice versa.

VI . NEXT STEPS

This review shows that the EU is delivering on its commitment to regulate well. However, more can be done by the Commission, the Parliament, the Council and the Member States, acting together:

Simplifying legislation

- The Commission plans to present 45 initiatives in the Simplification Rolling Programme as part of its work programme for 2008, and 8 initiatives for 2009. The codification programme will be completed in the next 18 months.

- The Council and Parliament should ensure speedy adoption of pending simplification proposals, of which there are now about 45, and ensure that the simplifications are maintained in the process.

- The Commission calls on Council and Parliament to examine jointly options for fast-track procedures to repeal obsolete legislation .

- The Commission continues to screen the EU acquis , as this has delivered a steady flow of new initiatives. It will complete the screening exercise before the end of its term of office.

- The Commission continues to screen pending proposals as part of its annual work programme. It reiterates its recommendation that future Commissions screen pending proposals on taking office to ensure that draft legislation is in line with political priorities.

Reducing administrative costs

- Given that only a joint effort will deliver reductions of bureaucracy, the Commission proposes that Member States which have not done so adopt or announce their reduction targets by March 2008 so that the Spring Council can take stock and give further guidance.

- The Commission calls on the Council and the European Parliament to adopt the outstanding fast track proposals before the European Council and to give priority to the fast track proposals which the Commission will make in 2008.

- The Commission will work with Member States and give assistance.

- The Commission will present the results of the measurement exercise by the end of the year, together with a number of additional measures to meet the 25% target. Proposals on reducing burdens in company law will be made before summer. The information obtained from this exercise will help Member States reduce burdens flowing from the transposition and implementation of EU legislation.

Using impact assessment to draft initiatives

- In 2008 the Commission expects to carry out more than 180 impact assessments.

- In spring 2008 the Commission will revise its impact assessment Guidelines and develop guidance and support in line with this communication.

- The Commission will strengthen the role of the Impact Assessment Board .

- Council and Parliament should reinforce the use of impact assessment in the legislative process , by examining Commission impact assessments and by producing impact assessments of substantive amendments. The Commission calls on the other institutions to be more transparent about their own impact assessment work, as foreseen in the Common Approach to Impact Assessment.

- In the review of the Common Approach to Impact Assessment, the Commission expects a commitment to conducting impact assessments on Member State initiatives in the area of Title VI of the TEU ( police and judicial cooperation in criminal matters ).

Sharing responsibility

- In 2008, the European Council will review progress on better regulation and the Parliament, Council and the Commission will jointly review the “ Common Approach to Impact Assessment ”.

Applying Community Law

- The Commission calls on Member States to work with it to ensure correct application of Community Law .

Helping to shape global regulation

- The Commission will reinforce assessment, where relevant, of the international impacts of EU action so as to facilitate international trade and investment, and to support developing countries.

- The Commission will work closely with international organisations and third countries to develop respective approaches to rulemaking and, where possible, promote convergence.

VII. CONCLUSION

Much has been achieved in developing better regulation in the EU. Improving regulation and delivering benefits to citizens and business needs time, financial and human resources, and adjustment of institutional and administrative structures. This cannot be achieved without sustained political support.

The Commission is strongly committed to playing its part, investing heavily in its Rolling Simplification Programme and its Action Programme for reducing administrative burdens, and continuously strengthening its impact assessment system. Ultimately success will depend on the commitment of the other European institutions, the Member States, local/regional authorities, and stakeholders, and the Commission calls on them to join this collective effort.

[1] Nearly half of future Commission initiatives under the Rolling Simplification Programme (76) will be accompanied by an impact assessment, compared to some 10% in the past.

[2] Recasting combines an act and all previous amendments to it into one law when new amendments are adopted.

[3] Codification combines existing acts with all subsequent amendments into one law, without any new amendments. This reduces the volume of legislation and provides legally clearer texts.

[4] COM(2007) 23.

[5] Presidency conclusions of the European Council (March 2007), p. 10.

[6] See Commission Working Document, Reducing Administrative Burdens in the EU - COM(2008) 35.

[7] http://ec.europa.eu/enterprise/admin-burdens-reduction/admin_burdens_en.htm. In addition, a study assessing the administrative burden on farms arising from the Common Agricultural Policy has already been carried out and published.

[8] http://ec.europa.eu/enterprise/admin-burdens-reduction/index_en.htm.

[9] See COM(2008) 35.

[10] It should also be noted that in 2007, the Commission reinforced its evaluation policy (Communication on "Responding to Strategic Needs: Reinforcing the use of evaluation" - SEC(2007) 213), and plans to evaluate legislation and other activities more systematically to verify the assumptions made at the stage of the impact assessment.

[11] These impact assessments have been published, seehttp://ec.europa.eu/governance/impact/cia_2007_en.htm and COM(2007) 693. As of 2008, the Commission will also publish impact assessments for initiatives in the CLWP that are discontinued as a result of the impact assessment.

[12] In 2006 and 2007, Commission departments carried out, respectively, about 10 and 15 “voluntary” impact assessments; for 2008, about 50 are planned.

[13] This evaluation of the Commission’s impact assessment system by The Evaluation Partnership is published on http://ec.europa.eu/governance/impact/key_en.htm The Commission discussed it at a public stakeholder conference in June 2007 and with its Group of High-Level National Regulatory Experts.

[14] Communication on the Follow-up to the Green Paper ‘European Transparency Initiative’ - COM(2007) 127, 21.3.2007.

[15] http://ec.europa.eu/governance/impact/cia_2007_en.htm.

[16] See the attached 2007 Report.

[17] For progress in the Member States, see the Second annual progress report on implementation of the Lisbon Strategy - COM(2006) 816.

[18] For example, the simplification initiative amending Directive 70/156/EEC on type approval and motor vehicles was published in the Official Journal in October 2007 but enters into force in April 2009. The Commission presented the proposal in July 2003 - COM(2003) 418.

[19] Adopted under the 2003 Inter-institutional Agreement on Better Lawmaking.

[20] Communication on "A Europe of Results – Applying Community Law" - COM(2007) 502.