Annexes to COM(2017)255 - Action plan on the Reinforcement of SOLVIT: Bringing the benefits of the Single Market to citizens and businesses - Main contents
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| dossier | COM(2017)255 - Action plan on the Reinforcement of SOLVIT: Bringing the benefits of the Single Market to citizens and businesses. |
|---|---|
| document | COM(2017)255  |
| date | May 2, 2017 |
In the context of the EU e-Government Action Plan, the Commission will explore the feasibility of the 'once only principle'. 19 This would obviate citizens and businesses wishing to complain to the Commission for the first time following an unresolved SOLVIT case from having to re-submit information already held in SOLVIT. This will allow the Commission, in assessing the case, to make full use of the legal analysis and evidence already collected through SOLVIT, in a more effective and efficient process.
IV.Conclusions
The Commission is committed to ensuring that citizens and businesses enjoy to the full all the benefits of the Single Market: its full potential in terms of new jobs and growth opportunities can only be realised when rights enshrined in EU legislation are well known to all actors, as well as fully and consistently respected across borders.
The Commission will bring its full support to improving the quality of the SOLVIT network through capacity building and knowledge sharing with Member States. In addition, by boosting the use of SOLVIT by businesses and fostering further cooperation with other relevant networks, the Commission will ensure that feedback from SOLVIT is more significant and is fully taken on board when designing future Single Market policies and legislation. Finally it will upgrade its role in EU law enforcement by using the evidence gathered through SOLVIT in a more structured and systematic way.
The three areas identified in this Action Plan complement each other. Making the planned measures a reality will only be possible through joint commitment and ownership between the Commission and the Member States, at all levels of administration. Adequate staffing and recognition of SOLVIT centres within their national administrations is a prerequisite for strengthening SOLVIT. The Commission, in cooperation with the EEA/EU Member States, will coordinate activities and regularly report on progress on implementation of this Action Plan through the bi-annual SOLVIT workshops.
This joint effort will reinforce SOLVIT in its unique role of ensuring compliance with EU law by national authorities, whilst delivering practical redress for problems encountered by businesses and citizens for problems with their rights within the Single Market. This will in turn provide new opportunities for citizens and businesses and help them make sure they can enjoy their Single Market rights to the full.
Roadmap to strengthening SOLVIT 20
| Commission measures: | Timeline |
| explore the possibility of an appeal procedure for businesses in the area of mutual recognition for goods; | Q2 2017 |
| make use of the existing funding possibilities at EU level such as the COSME and the Structural Reform Support programme to build up the administrative capacity of SOLVIT centres; | Q3 2017 |
| develop, in cooperation with the SOLVIT centres, a comprehensive user survey system; | Q3 2017 |
| provide more direct and effective legal support to the network using an improved facility for informal legal advice, interactive training tools and managing divergent views; | Q2 2018 |
| enhance cooperation and partnerships with intermediary organisations (representing certain sectors, professions or interests, chambers of commerce etc.) and relevant networks by enabling a direct connection with SOLVIT; | Q2 2018 |
| improve SOLVIT’s findability through Your Europe, subsequently as part of the wider Single Digital Gateway; | Q2 2018 |
| make more structured and systematic use, through an improved facility, of the data and evidence available in the SOLVIT database for targeted EU law enforcement; | Q2 2018 |
| explore the feasibility of the ‘once only’ principle in cases where applicants wish to file a formal complaint with the Commission following an unresolved SOLVIT case. | Q2 2018 |
| Member States measures: ensure adequate and stable staffing, continuity of service and an adequate level of knowledge of EU law in their SOLVIT centres; | ongoing |
| ensure cooperation with national intermediary organisations and the national contact points of the different existing networks by using a direct connection with SOLVIT; | Q2 2018 |
| ensure seamless cooperation between the SOLVIT centres and the national complaint and infringement coordinators; through their national SOLVIT centres, report systematically on progress made to address structural and recurrent cases. | Q2 2018 |
(1) Communication from the Commission to the European Parliament, the Council, the European Economic Committee and the Committee of the Regions, Commission Work Programme 2017, Delivering a Europe that protects, empowers and defends, COM (2016) 710 final of 25 October 2016.
(2) Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, Upgrading the Single Market: more opportunities for people and business, COM (2015) 550 final of 28 October 2015.
(3) https://ec.europa.eu/commission/publications/joint-declaration-eus-legislative-priorities-2017_en
(4) C/2016/8600, OJ C 18, 19.1.2017, p. 10.
(5) To resolve problems, SOLVIT centres cooperate directly via an online application. The principles governing SOLVIT were restated in its current legal basis, Commission Recommendation 2013/461/EU of 17 September 2013 (OJ L 249, 19.9.2013, p. 10). For more information, see http://ec.europa.eu/solvit/
(6) As defined in the 2013 Recommendation, a cross border problem is a problem an applicant in one Member State (or EEA country) encounters involving a potential breach of EU law governing the internal market by a public authority in another Member State (or EEA country); this includes problems caused to applicants by their own public administrations, after having exercised their free movement rights or trying to do so. For example, for individuals, when moving to another country or coming back to their own country after having stayed in another country; for businesses, when establishing, providing services or selling products which are already marketed in another Member State (or EEA country).
(7) SOLVIT cannot intervene in cases related to purely national law, where a public authority is not involved and where a court proceeding has already been launched, for example cases related to residence rights in the EU of third country nationals when those rights do not derive from a relationship with an EU citizen or cases on commercial issues between businesses (B2B).
(8) See Council conclusions at http://data.consilium.europa.eu/doc/document/ST-6622-2016-INIT/en/pdf
(9) See the European Parliament Resolution of 27 February 2014 on SOLVIT (2013/2154(INI)), the European Parliament report of 1 October 2015, Towards improved single market regulation (2015/2089(INI), rapporteur Anneleen Van Bossuyt) and the European Parliament report of 3 May 2016, The Single Market Strategy (2015/2354(INI), rapporteur Lara Comi).
(10) See Commission Staff Working document 'Assessment of the performance of SOLVIT' accompanying this Communication.
(11) The better use of SOLVIT as a pragmatic tool to tackle problems related to tax rules in cross-border situations was identified as one of the actions in the EU citizenship report 2017 to strengthen citizens' rights. Every year, SOLVIT handles approximately 35 citizens cases related to personal taxation problems with a resolution rate of 86%.
(12) See Staff Working document 'Assessment on the functioning of SOLVIT' accompanying this Communication.
(13) These cases are submitted against the SOLVIT centre of the EEA/EU Member State where the problem occurred.
(14) This cooperation is wide ranging. The EU and national networks concerned here are the European Enterprise Network, European Consumer Centres, EURES, Fin-net, Product Contact Points, Europe Direct Information Centres and European Network of Ombudsmen. It includes the very close links between technical applications enabling complaints to be passed on directly (to Your Europe Advice and the Europe Direct call centre, for instance). It also covers joint seminars or training sessions to make networks aware of each other’s remits, so that each can be signposted correctly when necessary. Moreover, this cooperation is provided for in EU legislation: for example, Member States must ensure that bodies responsible for promoting equal treatment and supporting EU workers and their families cooperate with SOLVIT (Directive 2014/54/EU).
(15) Idem.
(16) Directive 2013/55/EU OJ L 354, 28.12.2013, p. 132–170.
(17) Lead SOLVIT centre is the centre in the EEA/EU Member State where the problem occurred.
(18) As defined in the 2013 SOLVIT Recommendation structural problem is a breach caused by a national rule running counter to EU law (as opposed to a one-off administrative mistake). A recurrent problem relates to a breach of an administrative practice (not a written rule) running counter to EU law.
(19) EU e-government action plan 2016-2020, COM (2016) 179 final. Under the ‘once only’ principle, public administrations should ensure that people and businesses supply the same information only once to a public administration. Public administration offices take action if permitted to internally re-use this data, in due respect of data protection rules, so that no additional burden falls on people and businesses.
(20) Actions indicated for 2018 are either related to a substantial development of the SOLVIT application or a foreseen adoption of EU legislation (e.g. the Single Digital Gateway).