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1.

Tekst

Following negotiations in the Permanent Representatives Committee on 9 November 2007, the

Presidency herewith submits in the Annex to this Note a progress report on Better Regulation.

The Council (Competitiveness) is invited to take note of this progress report and to hold an

exchange of views at its forthcoming session on 22-23 November 2007.

____________________

ANNEX

Progress Report on Better Regulation

Presented by the Portuguese Presidency

Introduction

  • 1. 
    In the framework of the relaunched Lisbon Strategy, the Better Regulation agenda aims at strengthening competitiveness by ensuring that the EU regulatory framework contributes to

achieving growth and jobs, to the benefit of citizens and enterprises, inter alia through

simplification while respecting the acquis communautaire. The 8-9 March 2007 European

Council underlined the need to enhance the Better Regulation agenda to create a more

dynamic business environment.

  • 2. 
    Furthermore, Better Regulation is a priority of the three Presidencies programme endorsed by Germany, Portugal and Slovenia, and should play a significant role in the context of the

Lisbon Strategy new cycle for 2008-2010, as well as in the forthcoming Single Market

Review.

  • 3. 
    The Portuguese Presidency welcomes the Commission's intention to present, in view of the 13- 14 March 2008 European Council, a Second Strategic Review of Better Regulation that

will include the Commission's review of impact assessment, implementation of the Action

Programme for the Reduction of Administrative Burdens, the state of play of simplification

and codification rolling programmes and the withdrawal of pending proposals.

  • 4. 
    The Presidency hopes that this Second Strategic Review will consider the appropriate initiatives needed to further improve the Better Regulation agenda as a whole. In this regard,

the Presidency takes note of the European Parliament resolutions on Better Regulation and the

"resolution on the Single Market Review: tackling barriers and inefficiencies through better

implementation and enforcement" adopted in September 2007.

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  • 5. 
    Since the presentation of the last progress report in May 2007 , the principles of Better Regulation have been steadily implemented in the EU's law-making process. The most

relevant developments in the main three areas, i.e. reduction of administrative burdens, impact

assessment and simplification, are listed below.

Administrative Burdens

  • 6. 
    The Commission's Action Programme for Reducing Administrative Burdens in the European Union was endorsed by the 8-9 March 2007 European Council. The European Council

specifically agreed to the joint reduction target of 25% of burdens by 2012 stemming from EU

legislation and its transposition into national law. The European Council also encouraged

Member States to set national targets of comparable ambition by 2008, taking into account the

different starting points and traditions. The 9 October 2007 Council (Ecofin) Conclusions on

the reduction of administrative burdens recalled this mandate and, in particular, underlined the

importance of ensuring that the needs of SMEs and newly created enterprises are fully

considered in this context.

  • 7. 
    The Action Programme focuses on mapping, measuring and removing information obligations imposed on businesses that have proven to be obsolete, redundant or repetitive. Its aim is to

improve the effectiveness of legislation in 13 priority areas without jeopardizing its basic

objectives. Work started in July 2007 and the mapping phase is planned to be completed by

the end of 2007 and the measurement finalised during the course of 2008. The Action

Programme will also examine how EU Information Obligations have been transposed into

national legislation. To validate the findings, a series of stakeholders consultations will be

launched to assess the cost for businesses in meeting EU and national information

requirements. The status of progress in the Action Programme will provide input to the

Second Strategic Review. A High Level Group of Independent Stakeholders on

Administrative Burdens has been established in August 2007 by the Commission, to provide

advice on the implementation of the Action Programme for Reducing Administrative

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doc. 9164/07.

Burdens, as supported by the 2007 Spring European Council. Furthermore, to ensure that stakeholders are closely involved in the administrative burden reduction project, the

Commission launched an "On-line consultation tool on the Administrative Burden Reduction

Programme" on 21 September 2007 (http://ec.europa.eu/enterprise/admin-burdens-

reduction/).

  • 8. 
    On 10 July 2007, the Commission presented a Communication on a simplified business environment for companies in the areas of company law, accounting and auditing. The

Communication offers several options to reduce burdens on enterprises, including the possible

repeal of a number of Company Law Directives.

  • 9. 
    The Presidency welcomes the fact that five of the initial ten fast-track actions of the Action Programme have already been adopted. The other five are under progress and a quick

adoption is expected (see table in Annex I). Together, these proposals are expected to reduce

costs for businesses by 1,3 billion euros. The Commission intends to present the next batch of

fast-track actions together with the early 2008 Strategic Review. On 9 October 2007, the

Council (Ecofin) invited the Commission to communicate to Member States the method and

criteria used to identify priority actions and fast-track procedures. The Presidency notes that

the Commission stated that it had based its selection on the findings of the most burdensome

policy areas identified by the Member States that have already completed similar

measurement exercises, further completed by a series of ad hoc stakeholders' consultations.

  • 10. 
    The Presidency notes that progress has been made at Member State level and, to date, ten

1

Member States have already set national reduction targets .

  • 11. 
    The Presidency considers that the need for an adequate balance between costs and benefits

should be taken into account in the overall effort of measuring and reducing administrative

burdens.

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AT, DE, DK, ES, IT, NL, SE and UK with a 25% target and FR and CZ with a 20% target. BE notes it has reduced its administrative charges by 30% in the last 6 years.

Impact Assessments

  • 12. 
    During the Portuguese Presidency, 20 legislative proposals and other major Commission

initiatives have been adopted by the Commission that were accompanied by impact

assessments which included the opinions of the Impact Assessment Board .

  • 13. 
    The Commission's independent "Impact Assessment Board" (IAB) established in November

2006 has contributed to improve the quality of the Commission's impact assessments. During

the Portuguese Presidency, the IAB has scrutinised 40 impact assessments and issued

opinions on their quality and, in all cases, recommendations on how this could be improved.

Twenty opinions have been published alongside the impact assessment after Commission

adoption of the related proposal and the rest will be published when the relevant proposals are

adopted.

  • 14. 
    The Presidency welcomes the independent evaluation of the Commission's impact assessment

system published in May 2007 and looks forward to the conclusions that the Commission will

draw, in the forthcoming strategic review, from the findings and suggestions in the evaluation,

in particular with regard to the work of the IAB, measures for further improving the quality of

impact assessments (namely in reviewing its scope of application), interinstitutional

cooperation, better consultation, more thorough consideration of administrative burdens and

SMEs and improved quantification. The Presidency invites the Commission to take Member

States' specificities into account when reviewing its impact assessment system.

  • 15. 
    The Presidency notes that the European Parliament has called on the Commission to

incorporate an "Internal Market Test" into the Better Regulation mechanisms, to ensure that

regulators always take into account the implications of their actions on the four freedoms of

the Internal Market, alongside other aspects that they are required to consider, notably

sustainability and employment.

  • 16. 
    With respect to the Council, around thirty Commission IAs have been examined by

1 November during the Portuguese Presidency. The indicative guidance endorsed by Coreper

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under the Austrian Presidency has proved to be a useful tool for the consideration of the Commission's impact assessments in the Council. The first impact assessment training for

officials of the Council Secretariat took place on 8-9 October 2007.

Simplification

  • 17. 
    The Presidency notes that, for the second consecutive year, the Commission included the

simplification initiatives in its Legislative and Work Programme (CLWP) adopted on 23

October 2 . The 2008 CLWP includes 45 simplification initiatives, of which some 15 new initiatives strengthen the Simplification Rolling Programme, and lists the Commission's

intention to withdraw 31 proposals pending before the legislators.

  • 18. 
    The Presidency welcomes the fact that, in total, 71 simplification initiatives have been

completed since the launch of the 2005-2009 simplification rolling programme in 2005. As

far as the year 2007 is concerned, the Presidency notes that 29 simplification initiatives have

been presented by the Commission, 25 are confirmed for presentation by the end of 2007,

6 are postponed to 2008 and one is cancelled. On the inter-institutional level, 13 initiatives

have been adopted, whilst 37 are currently pending for adoption before the co-legislators (see

table in Annex II). The Presidency stresses the importance of adopting simplification

proposals at the earliest stage possible, while complying with the institutional procedures

established by the Treaty.

  • 19. 
    Since the relaunch of the Commission's codification programme in October 2006, 14 new

legislative acts have been adopted by the Council while 18 autonomous codification acts have

been adopted by the Commission. During the same period, the Commission has presented 26

other codification proposals and around 30 new codification acts have been foreseen for 2007.

At present, 45 codification proposals are pending before the co-legislators. The Presidency

looks forward to the achievement of the ambitious objective of codifying the acquis by the

end of 2008.

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doc. 9382/06. 2

COM(2007) 640 final.

Future work

  • 20. 
    The Presidency looks forward to the presentation of the Second Strategic Review of Better

Regulation in early 2008. The Review will be a useful and significant basis for discussion at

the 25-26 February Competitiveness Council and at the 13-14 March 2008 European Council

of how Better Regulation tools are effectively applied by the Commission, the Council and

Member States, and whether further action is needed. It will help prepare the review of the

Interinstitutional Common Approach to Impact Assessment in 2008.

____________

FAST-TRACK PROPOSALS OF THE PROGRAMME FOR THE REDUCTION OF ADMINISTRATIVE BURDENS

  • - 
    STATE OF PLAY ON 1 NOVEMBER 2007 -

CHANGE PROPOSAL

Reduce reporting obligation for farmers and allow replacing obligatory lodging of a security by the operators by another system without endangering good financial control. Ease the requirements concerning the documentary proof to be delivered by operators in order to receive export refunds for exporting certain agricultural produce. . Simplify ordinary and sector questionnaire in annual Commission Regulation, thus easing the administrative burdens for respondents. Remove unnecessary requirements for small fishing vessels.

Remove the requirement of drawing up an independent expert report in the case of a merger or a division if all shareholders renounce to it. It aligns the provisions of the 3rd and the 6th directive to the 10th directive. Proposal adopted on 7/3. COM (2007) 91.

Remove obligation to provide information on tariffs, agreements, price deals and transport. The proposal will remove outdated requirements (from 1960) for documentation on a series of issues when transporting goods across national borders within the EU. Proposal adopted on 7/3. COM (2007) 90. Exempt micro-enterprises from certain HACCP (Hazard Analysis and Critical Control Point) requirements, thereby not imposing the same burdens on small bakers, grocery shops, market stalls etc. as on large supermarkets. Proposal adopted on 7/3. COM (2007) 90. (Same as below).

14625/07 AR/ab ANNEX I DG C 1

Reduce frequency of agri stats. to once a year for surveys in MS with pig populations < 3 million head and cattle population <1.5 million heads. + Simpler surveys. Regulation merging 3 directives. Proposal adopted on 22/3 COM(2007) 129

Among others, it will introduce electronic register to enhance exchange of data and a simplified and standardized format for the Community licence, certified copies and the driver attestation. Proposal adopted on 23/5. COM (2007) 263 and COM (2007) 265 Simplify the administrative procedures both for public authorities (EU or national) and for private bodies. Repeal. Proposal adopted. COM (2006) 852

14625/07 AR/ab ANNEX I DG C 1

Proposals included in the 2005 Simplification Rolling Programme

Pending before the co legislators ­ state of play at Council / EP (1 November 2007) Regulatory area Legal act(s) Commission

14 June 2006 COM (2006) 195 2006/0066/COD

  • 2. 
    Public Proposal for a directive of the European Parliament and of the Council amending Council Directives 89/665/EEC and 92/13/EEC with regard to improving the effectiveness of review procedures concerning the award of public contracts procurement

Revision of the waste Directives (replaces and repeals Directives 75/439/EEC, 75/442/EEC and 91/689/EEC)

1 Action identified by the Council in its priority list adopted on 25 November 2004

14625/07 AR/ab ANNEX II DG C 1

Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the interoperability of the Community rail system

SEC(2006)1640-2

Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulation (EC) No 881/2004 establishing a European Railway Agency

  • 8. 
    Transport of Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the inland transport of dangerous goods 22 December 2006 COM(2006)852 2006/0278/COD dangerous goods

SEC(2006)1725-6

  • 9. 
    Maritime Recast of the regime on port State control (Council Directive 95/21/EC) 23 November 2005 COM(2005) 588 2005/0238/COD Transport

14625/07 AR/ab ANNEX II DG C 1

Proposal for a regulation on food additives 28 July 2006 COM(2006)425 2006/0144 (COD)

Proposal for a Regulation on food enzymes 28 July 2006 COM(2006)423 2006/0143 (COD)

Proposal for a Regulation establishing a common authorisation procedure for food additives, food enzymes and food flavourings 28 July 2006 COM(2006) 427 2006/0147 (COD)

Proposal for a Regulation on flavourings and certain food ingredients with flavourings properties for use in and on food

14625/07 AR/ab ANNEX II DG C 1

  • 14. 
    Energy-efficiency Proposal for a Regulation on a Community energy-efficiency labelling programme for office equipment (Recast) COM (2006) 576 10 October 2006 2006/0187/COD labelling programme for office equipment
  • 15. 
    Taxation Council Directive 69/335/EEC of 17 July 1969 concerning indirect taxes on the raising of capital COM(2006)760 4 December 2006 2006/0253/CNS
  • 16. 
    Trade of dual use Proposal for a COUNCIL REGULATION setting up a Community regime for the control of exports of dual-use items and technology COM(2006)829 18 December 2006 2006/0266/ACC items

SEC(2006)1696

  • 17. 
    Social affairs Proposal of Council Directive 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) (codified version) COM(2006)652 3 November 2006 2006/0214/COD Health and safety
  • 18. 
    Employment Proposal of Council Directive 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 (codified version) COM(2006)657 Social affairs

6 November 2006 2006/0220/COD

  • 19. 
    Social affairs Proposal of Council Directive 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) (codified version) COM(2006)664 Health and safety

10 November 2006 2006/0222/COD

14625/07 AR/ab ANNEX II DG C 1

COM(2007)119COM(2007)108 16 March 2007 2007/0043/CNS, 2007/0042/CNS

  • 22. 
    Euratom Supply Proposal for a COUNCIL DECISION establishing Statutes for the Euratom Supply Agency Agency

(nb technical proposal- simplification measures unclear in the explanatory memorandum)

COM(2007)194 17 April 2007 2007/0064 (COD) SEC(2007)484SEC(2007)485)

  • 23. 
    Residue limits of Proposal for a Regulation of the European Parliament and of the Council laying down Community procedures for the establishment of residue limits of pharmacologically active substances in foodstuffs of animal origin, and repealing Regulation (EEC) No 2377/90 veterinary medicinal products.

COM(2007)268 23 May 2007 2007/0095(CNS)

  • 24. 
    Information and Proposal for a COUNCIL REGULATION on information provision and promotion measures for agricultural products on the internal market and in third countries promotion for agricultural products

COM(2007)263 23 May 2007 20070097(COD) SEC(2007)635-636

  • 25. 
    Admission to the Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator occupation of transport operators

COM(2007)264 23 May 2007 20070098(COD) SEC(2007)635-636

  • 26. 
    Access to road Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on common rules for the international carriage of passengers by coach and bus (recast) transport market

14625/07 AR/ab ANNEX II DG C 1

COM(2007)265 23 May 2007 20070099(COD) SEC(2007)635-636

  • 27. 
    Access to the Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 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 market in the carriage of goods by road

COM (2007) 291 2006/SJ+/107 2007/0101ACC

  • 28. 
    Radiation Codification of Regulation 1990R0737 on the conditions governing imports of agricultural products originating in third countries following the accident at Chernobyl nuclear power-station (codified version) protection

COM(2007)302 2006/SJ+/106 2007/0103CNS

  • 29. 
    Radiation Codification of Regulation (Euratom) 1987R3954 laying down maximum permitted levels of radioactive contamination of foodstuffs and of feeding stuffs following a nuclear accident (codified version) protection

COM(2007)303 7 June 2007 2007/0113COD

  • 30. 
    Consumer Review of the Timeshare Directive (94/47/EC) Protection acquis

COM(2007)330 18 June 2007

  • 31. 
    Authorisations for Proposal for a Council regulation concerning authorisations for fishing activities of Community fishing vessels outside Community waters and the access of third country vessels to Community waters fishing activities

COM(2007)372 04 July 2007

  • 32. 
    Common Proposal for a COUNCIL REGULATION on the common organisation of the market in wine and amending certain Regulations organisation of the market in wine
  • 33. 
    Coordination of Proposal for a COUNCIL REGULATION extending the provisions of Regulation (EC) No 883/2004 and Regulation (EC) No [...] to nationals of third countries who are not already covered by these provisions solely on the ground of their nationality COM (2007) 439 social security systems

23 July 2007

03 July 2007

14625/07 AR/ab ANNEX II DG C 1

COM(2007)361

  • 35. 
    Financial services Recast of the directive on the solvency of insurance companies (Solvency II) - Insurance 10 July 2007
  • 36. 
    Public pan- Repeal of Council Directive 87/372/EEC on the frequency bands to be reserved for the coordinated introduction of public pan-European cellular digital landbased mobile communications in the Community (GSM Directive) COM (2007) 367 European cellular digital land-based mobile communications

25 July 2007

7 August 2007

14625/07 AR/ab ANNEX II DG C 1

Proposals included in the 2005 Simplification Rolling Programme

Adopted by Council or co-legislators Regulatory area Adoption by the Legal act(s)

Commission

23 December 2005 COM(2005) 698

Simplified regime for the protection of geographical indications and designations of origin for agricultural products and foodstuffs

  • 1. 
    Quality policy

23 December 2005 COM(2005) 694 2005/0270(CNS

Simplified regime for certificates of specific character for agricultural products and foodstuffs

  • 2. 
    Quality policy

28 February 2006 COM (2006) 89

Simplified marketing standards for eggs (revision of Council Regulation No 2771/75 of 29 October 1975)

  • 3. 
    Marketing

standards for eggs

COUNCIL REGULATION on the common organisation of the markets in the sugar sector Proposal for a COUNCIL REGULATION amending Regulation (EC) No 1782/2003 establishing common direct support schemes under the common agricultural policy and establishing certain support schemes for farmers Proposal for a COUNCIL REGULATION establishing a temporary scheme for the restructuring of the sugar industry in the European Community and amending Regulation (EC) No 1258/ on the financing of the common agricultural policy COM(2005)263 - 1/2/3; SEC(2005)810; SEC(2005)808 4. Sugar Reform -

CMO Regulation + Single Payment Regulation

14625/07 AR/ab ANNEX II DG C 1

COUNCIL REGULATION amending Regulation (EC) No 320/2006 establishing a temporary scheme for the restructuring of the sugar industry in the Community COUNCIL REGULATION amending Regulation (EC) No 318/2006 on the common organisation of the markets in the sugar sector COM(2007) 227

Proposal for a COUNCIL REGULATION amending and correcting Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending Regulation (EC) No 1698/2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) COM(2006) 500; SEC(2006)1167 5. Report and

proposal for a Council Regulation on the energy crops scheme

Proposal for a Council Regulation amending Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and Regulation (EC) No 1698/2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) (cross compliance) COM(2007) 484

  • 6. 
    Internal market Directive of the European Parliament and of the Council repealing Council Directive 71/304/EEC of 26 July 1971 concerning the abolition of restrictions on freedom to provide services in respect of public work contracts and of the award of public works contracts to contractors acting through agencies or branches COM(2006)748 30 November 2006 2006/0249 (COD) 7. Health and

Proposal for a Directive of the European Parliament Directive on protection of the health and safety of workers at work with a view to simplifying and rationalising the reports on practical implementation 14/07/2006 COM(2006)390 2006/0127/COD safety at work

  • 8. 
    Wood in the Proposal for repealing Council Directive 68/89/EEC on classification of wood in the rough COM(2006)557 29 September 2006 2006/0178/COD rough

14625/07 AR/ab ANNEX II DG C 1

  • 9. 
    Common Proposal for a COUNCIL REGULATION establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products 18 December 2006 COM(2006)822 2006/0269/CNS organisation of agricultural markets
  • 10. 
    Organic farming Simplified regime for organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs (revision of Council Regulation (EEC) No 2092/91 of 24 June 1991 COM(2005) 671 2005/0278/CNS 21 December 2005
  • 11. 
    Fruit and Revision of 1 Regulation to improve competitiveness in the Fruit & vegetable sector. COM(2007)17 vegetable

24 January 2007

2007/0012/CNS

COM(2007)147 29 March 2007

  • 12. 
    Support schemes REPORT FROM THE COMMISSION TO THE COUNCIL on the application of the system of cross-compliance (under Article 8 of Council Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers) under the common agricultural policy

14625/07 AR/ab ANNEX II DG C 1

  • 13. 
    Trans-European Amended proposal for a Regulation for the granting of Community financial aid in the field of trans-European transport and energy networks and amending Council Regulation (EC) No 2236/95 COM(2006)245 transport and energy networks

24 May 2006 2004/0154/COD

Pre-packaging * Repeal of pre-packaging requirements. 25 October 2004 COM (2004) 708 2004/0248/COD

Automotives * Simplified regime for type approval of motor vehicles and their trailers (modification of Directive 70/156/CEE) 14 July 2003 COM(2003) 418 2003/0153/COD * Initiatives belonging to the 2003 simplification programme

____________

14625/07 AR/ab ANNEX II DG C 1

2.

Originele weergave

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3.

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