# EUR-Lex - 52013DC0685 - EN

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# 52013DC0685

**ANNEX to the COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS Regulatory Fitness and Performance (REFIT): Results and Next Steps /* COM/2013/0685 final */**

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Communication
from the Commission to the European Parliament, the Council, the European
Social and Economic Committee and the Committee of the Regions

Regulatory
Fitness and Performance (REFIT):
Results and Next Steps

I. 
Introduction

Regulation
is an essential part of modern society and good governance. Regulating at EU
level adds value in areas such as competition, trade and the internal market to
build a level playing field that creates opportunities for business, workers
and consumers. It also protects the health and safety of citizens, consumers
and workers. EU legislation creates a common framework by replacing or aligning
twenty eight different national laws. It allows the EU Member States to work
together to secure fundamental rights and freedoms or build opportunities that
are cross-border by nature – such as those presented by the internet or labour
mobility - and to deal with problems that do not respect national borders -
climate change, environmental pollution, animal and plant health threats, among
others. The legal and institutional framework, with the Commission and the
European Court of Justice monitoring the application of law, provides Member
States with the assurance that EU legislation is being correctly applied
throughout the EU. At the same time, EU regulation is often accused of applying
too many requirements stifling businesses, especially the smallest ones[1].

In
response to that concern, the Commission has made a concerted effort over the
past few years to streamline legislation and reduce regulatory burdens. Since
2005, the Commission approved 660 initiatives aimed at simplification, codification
or recasting[2].
More than 5.590 legal acts have been repealed. The New Legislative Framework
for products entails important regulatory simplification and burdens on
business are being reduced in many fields – agriculture, statistics, animal and
plant health, VAT, transport, public procurement, annual accounts, to name but
a few.  In environment policy framework directives have been put in place for
water, air, industrial emissions and waste which simplified the legal
framework, reducing the number of directives in each area, providing
flexibility in implementation. Directives on health and safety at work allow Member
States to provide flexibility for small business.

The way
in which the Commission now prepares regulation has changed significantly.  Impact
assessments and stakeholder consultation are systematically applied across the
Commission. Red tape has been reduced by well above the 25% target set out in
the Administrative Burden Reduction programme. From start to finish Smart
Regulatory principles and practices motivate Commission action. But the process
needs constant reinvigoration to keep up the momentum.  Smart regulation is a
continuous process, not a one off operation.  Ensuring that EU legislation is
'fit for purpose' is essential for putting Europe back on track towards more
growth and jobs. Therefore, the Commission initiated a Regulatory Fitness and
Performance Programme (REFIT) in December 2012[3].
REFIT is the expression of the Commission's ongoing commitment to a simple,
clear, stable and predictable regulatory framework for businesses, workers and
citizens. REFIT is a programme to review the entire stock of EU legislation –
to identify burdens, inconsistencies, gaps or ineffective measures and to make
the necessary proposals to follow up on the findings of the review.

This
Communication sets out the results of the screening published by the Commission
in August 2013[4].
It identifies where the Commission will take action and where, in the interests
of regulatory fitness, it has decided that no action is needed for the time
being. It identifies the challenges faced in the course of the first phase of
implementation of the REFIT programme and provides an outlook on the next steps.
The annex sets out the regulatory fitness actions which are being implemented
or which are proposed to the co-legislators.

II. 
REFIT Screening Results

The
screening showed that the Commission has done a lot in recent years to keep its
legislation fit for purpose, simplifying and reducing costs.  Some initiatives
are in force, while others are before the co-legislator awaiting adoption. The
screening also pointed to areas where further legislative revision (consolidation,
simplification) is called for and areas where further analysis (evaluation and
fitness checks) is needed to prepare for regulatory revision.

1. 
Progress and achievements to date

The
results clearly show that Smart Regulation principles have been mainstreamed
into policy development in all policy areas and Smart Regulation tools (impact
assessment, stakeholder consultation and evaluation) are applied consistently
across policy areas.

The
instruments of smart regulation are an integral part of the policy cycle.  Today,
almost all proposals by the Commission likely to have significant impacts are
accompanied by an impact assessment and increasing attention is being paid to
ex-post policy evaluation.[5]
The Commission carried out 340 public and a number of social partner consultations
between 2010-2012 in order to collect the views of citizens, social partners
and other stakeholders in business and civil society and to feed their comments
into the process of policy development and review.[6]

During the
past 10 years the Commission has initiated major policy reforms aimed i.a. at
significant simplification and regulatory burden reduction. Examples are
set-out below.

The
Services Directive has prompted changes in national legislation to eliminate
hundreds of discriminatory, unjustified or disproportionate national
requirements.  Authorisation schemes were simplified in key services sectors
such as trade, regulated professions, construction, tourism etc. The Commission is working with Member
States to remove obstacles to the cross-border provision of services in order
to ensure an ambitious implementation as set out in a 2012 Communication.[7]
In addition, the Commission is pursuing its work in relation to the activities
of regulated professions, with a view to enhancing the freedom of establishment
in that sector.[8]

The
patent reform package which creates unitary patent protection and a Unified
Patent Court will bring substantial benefits and savings.  The administrative
cost for granting a unitary patent protected across almost all Member States will
be reduced by up to 80%. The existence of the Unified Patent Court means that
businesses can avoid the current situation where litigation takes place in
multiple fora in several Member States.

The
Schengen Border and Visa Code has greatly facilitated
business and travel by creating an area without internal borders where
citizens, business people and tourists can freely circulate without being
subjected to border checks. Since 1985, it has gradually grown and encompasses
today almost all EU States and a few associated non-EU countries.

In
the area of enterprise and industry, for example, new regulations regarding
agricultural and forestry vehicles, light-motor vehicles and metrology repealed
24, 15 and 8 Directives respectively.

In
the field of environment, the Water Framework Directive reduced the number of water
directives from 18 to 9. It also simplified and reduced reporting requirements,
together with the Water Information System for Europe (WISE). The 2010
Directive on Industrial Emissions represents a major effort of consolidation,
with seven sectorial Directives being repealed.  The new Directive reduces
administrative burdens by about EUR 30 million per annum through combined
permitting and EUR 2 million per annum through streamlined reporting and
monitoring.

The
Commission engaged in an ambitious action programme to reduce red-tape. Between
2007 and 2012, the Administrative Burden Programme achieved a decrease of 25%
of burden in 13 priority areas equivalent to savings of EUR 30.8 billion with a
further EUR 5 billion still pending adoption by the co-legislator[9]. The
Commission itself has gone beyond the target by tabling proposals with a burden
reduction potential close to EUR 41 billion (33%).
Some of this potential, estimated at more than EUR 3 billion, was lost in the
legislative process as the Commission proposals were amended. Promoting
e-invoicing in the VAT area as well as exemptions or special regimes for SMEs
in the areas of accounting, electronic waste and intra-EU trade statistics were
among the main achievements of the programme. Under REFIT, the
Commission is examining together with the Member States whether these savings
have been realised in full by businesses on the ground. In that way, the
Commission can see how best to take red tape reduction a step further.

The
VAT Directive on invoicing reduces red tape considerably, allowing e-invoicing
to be treated equally with paper invoices. The Union Customs Code (UCC) also
provides for the implementation of new electronic based procedures.

The Top
Ten consultation of SMEs on the most burdensome EU legislative acts for SMEs
has fed-in the priorities of SMEs into the Commission's regulatory fitness
agenda. Follow-up actions responding directly to the concerns of SMEs have been
identified.[10]

At
the forefront of REFIT is the action to reduce regulatory burden on SMEs.[11]
The Commission adopted its Communication on the Follow-up to the Top-10
consultation of SMEs on 18 June. The most burdensome EU legislation identified
through that consultation concerns the following areas: chemicals (REACH); the
management of VAT; consumer product safety; health and safety at the workplace;
the ability of qualified professionals to work across the EU; the movement and
treatment of waste without damaging the environment; access to major public
procurement markets; road transport of goods and the data protection directive.

For
6 legislative measures identified in the Top 10, the Commission has already
made proposals for simplification to the Parliament and Council. These include simplification
for SMEs concerning data protection, posting of workers, consumer product
safety, public procurement, professional qualifications and recording equipment
(tachograph) in road transport. Two more proposals are planned to be presented
this year (on a standard VAT declaration facilitating compliance for businesses
with activities in several Member States and inspections and controls on waste
shipments). The Commission hopes these will be adopted rapidly.

Other
changes are being made within the current legal framework. For example, fees
for SMEs under REACH have been reduced by between 35-95% for medium-sized,
small and micro companies and an SME Ambassador has been appointed by the
European Chemicals Agency.

2. 
Proposals with the Co-Legislator

There
are important legislative initiatives for simplification and burden reduction
for business before the co-legislator. There are altogether 21 proposals for
simplification and burden reduction pending in the legislative process. This
includes proposals in the area of plant and animal health, agricultural
subsidies for small farmers, consumer product safety and market surveillance, public
procurement, the Common Consolidated Corporate Tax base (CCCTB), clinical
trials with pharmaceuticals, package travel, holidays and tours and in road
transport (tachograph).

The
proposed revision of the clinical trials directive will create a single set of
rules - sponsors will apply via a single portal and submit a single set of
documentation (one-stop-shop).

Commission
proposals on animal health, plant health, plant reproductive materials and
official controls will entail the repeal of 37, 7, 12 and 10 legal acts,
respectively.  This will result in a more flexible framework and offer new
possibilities for reducing red tape e.g. eliminating double notification of
diseases to the EU and international organisations, intra-EU trade of certain
animals and products without certificates, voluntary mechanisms for higher
on-farm biosecurity preventing spread of diseases, transfer of responsibility
for variety registration and plant passports to the private sector and improved
risk based prioritisation of official controls

The
Commission proposal on a Common Consolidated Corporate Tax Base seeks to
introduce an optional system with a
common set of rules in the EU to calculate the corporate tax base of businesses
operating in the internal market. The system would offer cross-border firms the
possibility to file a single, consolidated tax return with one administration
for their entire activity within the EU. It is estimated that the current
compliance costs could be reduced by 7% and the CCCTB would save businesses EUR
750 million in reduced compliance costs and EUR1 billion in reduced costs
to expand cross-border.

The
Commission proposed a revision of the public procurement regime in December
2011. Some of the proposed modifications will have a direct impact on the
access of SMEs to public procurement, including concessions. The revision
includes provisions to require the acceptance of self-declarations for
selection purposes (only the winning bidder will have to submit complete
evidence) and a provision obliging contracting authorities to apply
proportionate selection criteria for the verification of the financial standing
of bidders. The Commission proposal foresees a gradual
transition to e-procurement. Companies would be able to consult tender
opportunities online and submit their offers electronically, which simplifies
the process and increases transparency. As for the proposal on the tachograph
in road transport, Parliament and Council have reached agreement and the
proposal on procurement is expected to be adopted soon.

3. 
New initiatives and preparation for the
next round of regulatory reform

At the
same time, the screening showed that the potential for simplification and
burden reduction is not exhausted.  Further action to ensure that EU regulation
is 'fit for purpose' will be taken by simplifying and/or consolidating existing
legislation; and, by following up on evaluation recommendations for further
regulatory burden reduction where relevant, 23 new legislative initiatives to
simplify and reduce regulatory burden will be tabled and are listed in Annex. They
include i.e.:

· 
Amendment and consolidation:
Consideration will be given to the consolidation of three directives on
information and consultation of workers, following on from a Fitness Check and
subject to the results of the consultation of social partners. A number of
existing statistical regulations will be integrated in one framework regulation
on business statistics,. 8 Directives in company law will be codified into one.
A standard VAT declaration in all Member States will be proposed. 11 Zootechnical
legislative measures will be recast and 26 regulations on trade will be
codified.

· 
Evaluations and Fitness Checks:
A major outcome of the screening exercise was the identification of areas that
need assessment to better identify regulatory burden relief so as to meet EU
policy goals at least cost and best achieve the benefits of EU regulation.  Sixteen
such evaluations and Fitness Checks are ongoing and listed in Annex. To prepare
for future legislative initiatives to reduce regulatory burden, 31 evaluations,
Fitness Checks and other studies will be launched in 2013 and 2014. This includes
seven new Fitness Checks on legislation on the most relevant chemicals not
covered by REACH, , Natura 2000[12],the
EU Eco label, EMAS, legal migration, consumer rights and advertising and
the general food law. Evaluations with a focus on
regulatory fitness have notably been programmed on health and safety at work, the
privacy and electronic communications Directive, the merger Regulation, the
temporary agency workers Directive, the machinery Directive, on assessment and
management of environmental noise, remedies in public procurement and excise
duty arrangements. The Commission is also starting to plan evaluation of the
coherence of the new range of EU regulation in the Financial Services sector. Work
is continuing on the definition and implementation of the requirements for aviation
safety for the non-commercial sector. Up to the end of 2014, the
Commission will have carried-out or launched 47 evaluations, Fitness Checks or
other reports with a view to reducing regulatory burden. A particular effort is
made in the areas of environment (12 initiatives), enterprise and industry (8
initiatives) and employment (5 initiatives).

The
entire acquis on Occupational Health and Safety (Directive 89/391/EEC and its 23
related directives) is currently submitted to a full evaluation which will
include specific consultations of social
partners (trade unions and employers' organisations) which include
organisations representing SMEs.
The conclusions of this ex-post evaluation will be available before the end of
2015. Member States will feed into this evaluation with implementation reports
by December 2013.

.

The
Commission is carrying out a review of EU waste policy and legislation under
REFIT to be concluded in 2014. In the beginning of 2014
the Commission will hold a workshop to discuss the concerns that SMEs have
expressed with respect to EU waste legislation. The
Commission will also work with Member States and stakeholders on hands-on
guidance and advisory actions. The Commission will take action to increase the
participation of SMEs in the European Resource Efficiency Platform.[13]

4. 
Withdrawals and Repeals

The
screening exercise has also identified six areas in which preparatory work is
on-going but where the Commission has decided that it will not table proposals.
This includes initiatives in the area of occupational safety and health for
hairdressers; muscular skeletal disorders and screen displays, environmental tobacco smoke and carcinogens and mutagens
(where in some areas evaluations are on-going)[14].

There
is also legislation that is no longer needed in light of developments and where
the Commission plans to propose their repeal. 9 proposals to repeal legislation
are planned. These include legislation on the promotion of clean and
energy-efficient road transport vehicles, the supply of crude oil and petroleum
products, the classification, packaging and labelling of dangerous preparations
and steel statistics. Furthermore, there are a number of proposals which the
Commission will propose to withdraw. Seven proposals identified in this
category include access to justice in the environmental field[15]; a proposal
for a Directive simplifying VAT obligations, a proposal
on the statute of a European private company [16], the regulation on statistics
on steel and the retrofitting of mirrors to heavy goods vehicles.

III.  Responding
to the Regulatory Fitness Challenge:  New Horizontal Actions

The
screening exercise was instrumental in identifying specific legislative and
preparatory actions. It also highlighted many challenges on the path to
regulatory fitness which require fresh thinking on horizontal approaches to
regulatory fitness. These involve all EU institutions and the Member States and
finding solutions will require joint efforts. The challenges include:

1. 
Working within the legislative framework

Given
that the EU legislative process is lengthy and that stakeholders prefer
regulatory stability over frequent legislative revision, it is necessary to
fully explore the potential to reduce burden without amending the legislation. 
While administrative burden is now systematically estimated in impact
assessments, it is important to look at administrative requirements (e.g.
reports; authorisations, inspections and fees) at the stage of implementation
by Member States and reduce burden where possible. More can also be done to
make useful information of regulation (both EU and national) readily
accessible.

For
example on reporting, the Commission will systematically identify the nature,
scope and frequency of obligations in legislation, including in implementing
legislation and review it regularly to identify possibilities for reduction.
The Member States will be invited to contribute to the initiative by providing
information on the way in which they have transposed the set of reporting
requirements nationally. A pilot exercise in
the area of Urban Wastewater Treatment[17]
is already advanced at EU and national level.
This work will be taken forward in 2014 and its example extended to other sectors
as appropriate. It builds on similar modification of reporting in
water legislation, air quality, and nature.

In line with the recently adopted Your Europe Action Plan[18]
the Commission, in cooperation with the Member States, is further developing
the Your Europe portal as a single gateway to all information that SMEs and
citizens need concerning their rights and opportunities in the single market.
The objective is to improve the quality of information and in particular to
enhance links with the content available on the national portals. In addition,
the Commission will promote the use of online information in other areas such
as VAT..

Also an
enhanced effort needs to be made to work with the Member States to prepare for
implementation.  In the future, a Commission
proposal should be accompanied, together with the implementation plan, by an
evaluation framework containing the objectives and indicators for the measure
and proposed programming for the monitoring and evaluation of the performance
of the measure. The Commission is already committed to
working with the Member States during the transposition phase to facilitate
sharing of best practice and other measures set out in implementation plans. It
will be important for Member States to build-up the necessary capacity to
monitor implementation. The Commission is willing to assist this process.

The Commission will undertake dedicated actions to facilitate the
implementation of new obligations, particularly in areas of specific concern to
SMEs. For example, a
successful initiative on the area of food and feed safety, animal health and
welfare, called “Better Training for Safer Food” systematically provides
training to Member States’ officials on key elements of new legislation and on
practical ways to implement those better and more easily. As the initiative is
based on “training of trainers” principle, these officials in turn further
train stakeholders thus multiplying the beneficial effects. Another example
will be the process which will be set up in 2015 to assist SMEs and respond to
their concerns when applying the requirements of EU regulation on the provision
of food information to consumers, making all relevant information available. A
similar approach could be applied to marketing of homeopathic products and
traditional herbal medicines.

The
Commission is also taking action on other suggestions received from SMEs in the
context of the Top10 consultation[19].
These include i.e. the provision of guidance regarding materials coming into
contact with food[20]and
SME tests in impact assessments of implementing rules on food information to
consumers[21]..

If
legislative amendment is needed, the possibility of introducing fast track
procedures could be explored with the Parliament and Council so as to be able
to act swiftly. It is also necessary to move ahead with the co-legislator in
exploring ways to modernise the legislation process, making more use of
consolidated texts in the process of adoption of legislative acts.[22] This would reduce
the volume and number of acts, simplify the acquis and improve the access to
law.

The
Commission will continue discussions with the
European Parliament and the Council with a view to making use of consolidated
texts as an efficient way of reducing the volume of the acquis.

2. 
Rigour in regulatory assessment.

The
screening exercise pointed out that evaluations do not always focus on aspects
of regulatory fitness with sufficient rigour. There is a tendency to privilege the
status-quo when it comes to assessment of regulatory fitness. More attention
needs to be paid to whether objectives have been met in the most efficient and
effective manner. This requires a more rigorous approach to assessing benefits,
costs and burdens and seeking stakeholder views.

This is
a challenge. There are methodological difficulties regarding the assessment of
costs and benefits and the cumulative impact of regulation. It is difficult to
calculate costs and benefits of regulation fully and also to consider a variety
of regulatory impacts that may reinforce, oppose or contradict each other. More
work is needed in this area including closer cooperation between the Commission
and Member States who share similar challenges in their evaluation practice.

In
order to identify, assess and where possible quantify the cumulative costs
related to the compliance with EU legislation, the Commission has carried out in
2012 a cumulative cost assessment of the legislative burden on the steel and
aluminium sectors. This assessment takes into account all costs borne by the
sector in question when evaluating the actual cost impacts of EU legislation.

Access
to cost and benefit data is an issue:  The actual costs/benefits entailed in
implementation depend on the choices made by Member States in their
transposition of EU legislation. A cooperative effort is needed to identify
priority areas where a major effort to collect such data would be warranted.

Finally,
increased attention needs to be paid to assessment of conformity of the
transposed national legislation with EU law. This
should be a starting point for evaluation. Also, signals coming from the
application of law need to be assessed in the evaluation process.[23].

The
Commission will: revise and strengthen
its evaluation framework, including setting minimum requirements for the frequency
and scope of evaluations[24];
reinvigorate stakeholder participation in evaluation and impact assessment and consult
stakeholders directly to identify areas for evaluation, building on the
experience of the Top Ten Consultation; ensure that there is a cross
fertilisation between policy areas fed by diverse stakeholders inputs; make
sure that evaluations look at how and to what extent the objectives of an
intervention were met using as a reference any formal target and the
expectations/projections set out in any accompanying impact assessment (where these are available and still relevant following
significant amendments made by the legislator). Recurrent problems in the
application of law (reflected by complaints or case law, for example) should be
part of this evaluation process. . The Impact Assessment Board will
systematically consider the use of evaluation results in its quality
reviews. Impact assessment reports include a standardised two-page summary
sheet to facilitate quick identification of key results of the impact
assessment, including estimated benefits and costs.

In the context of the Administrative Burden Reduction Programme
(ABR+) it will be identified how the planned reductions have materialised on
the ground. Member States and stakeholders will collect quantitative data and
exchange best practice on the effective reduction of regulatory burden at the
level of implementation in twelve priority actions.  This process should assist
the further development of methodologies and practice in assessing costs and
benefits of regulation.

3. 
Anchoring Regulatory Fitness in the
decision-making cycle.

Smart
Regulation is a way of working, not a one-off initiative.  It has to be closely
integrated into the Commission's work programme and strategic planning cycle
(management plans, annual activity reports). The regulatory acquis screened
within the REFIT programme is currently covered to 42% by evaluations with a
further 19% planned. This percentage needs to be increased in order to allow
evaluations to properly feed into policy-making and detect regulatory
weaknesses in time. In addition, the programming of evaluations is not yet
fully harmonised with other important elements of the regulatory cycle.

The
Commission will identify all REFIT legislative initiatives including
withdrawals, repeals and consolidations in its annual work programme. From 2014
on, the Commission will programme its evaluations within the REFIT programme
and include the annual evaluation plan as an annex to the Commission's work
programme. The Commission will carry-out Fitness Checks in all important
regulatory areas.[25]
The regular planning of evaluations will allow stakeholders including business,
SMEs, and all other interested parties to suggest areas in which they see
potential for Fitness Checks.

4. 
Cooperation with EU Legislators and the Member
States in Regulatory Fitness:

The
Commission cannot deliver on regulatory fitness without close cooperation with
the other EU institutions and Member States.  Simplification or burden
reduction initiatives proposed by the Commission are not always preserved in
adoption by the co-legislator. The Commission welcomes the establishment of an
impact assessment capacity in the European Parliament and urges the European
Parliament and the Council to assess more systematically the impacts of their
legislative amendments. This is needed so as to ensure that unintended
regulatory burden in not introduced in the co-decision process. In addition,
Member States in some cases add regulatory burden when implementing or applying
EU regulation, sometimes counter to simplification efforts decided at European
level.[26]

The
Commission's drive to reduce regulatory burden is closely related to the full
respect of the principles of proportionality and subsidiarity.[27]  Efforts to
reduce regulatory burden and to ensure that legislation is proportionate and
respecting subsidiarity are closely related.  Their results are mutually
reinforcing.  That is why the aims of the REFIT programme intersect with those
of the Member States in their reviews of EU legislation. The Commission and the
Member States share the aim of EU legislation which is fit for purpose and
proportionate, fully respecting the principle of subsidiarity. Careful
consideration is being given to Member States' suggestions, some of which will
be acted on now and some of which will form part of the ongoing REFIT
assessment process.

To
keep track of the fitness of proposals throughout the legislative cycle, the
Commission will publish an annual REFIT scoreboard to trace the legislative
progress of all initiatives proposed under REFIT and to monitor the content of
amendments decided at EU level and the impact of Member States implementation
on simplification and burden reduction. The scoreboard will monitor the
execution of commitments under REFIT and provide a view on whether initiatives
for burden reduction and simplification proposed by the Commission are
maintained in the decision-making process at EU level.  Where information is
available from the Member States, it will be made available on the way in which
the actions are implemented.[28]
The scoreboard will show cases where the co-legislator deviates from a
simplification proposal made by the Commission and where Member States
implementation adds regulatory burden or does not allow business to reap the
full benefits of burden reduction decided at EU level. The scoreboard will
allow for feedback and facilitate a transparent dialogue on regulatory fitness
with citizens, Member States, business, social partners and civil society.
The REFIT scoreboard will monitor progress in all areas where proposals for
simplification and regulatory burden reduction have been made. This will
include the follow-up to the ABR+ programme, the Top10 consultation and actions
monitored so far in the context of the SME scoreboard.

IV. 
Conclusions and Next Steps

Under
the REFIT programme, the Commission has set out a comprehensive review of the
stock of legislation and proposed follow-up action.

REFIT is
a rolling programme. The legislative mapping and screening exercise will be updated
annually to identify new measures and to report and monitor the implementation
of initiatives already carried out or under implementation.

The
Commission looks forward to a fruitful cooperation with the European Parliament
and the Council with a view to achieving a swift adoption of measures to
simplify and reduce regulatory burden already proposed by the Commission.

The
Commission will continue to cooperate closely with Member States and
stakeholders with a view to collecting views and suggestions on regulatory
fitness that can be addressed within the REFIT programme and in order to work
together to improve those aspects of the REFIT programme that need further reflection
or joint action.

[1] See also: results of the last Standard
Eurobarometer:  74% of the Europeans believe that the EU generates too much red
tape.  
(Question QA16.4 on page 59: http://ec.europa.eu/public_opinion/archives/eb/eb79/eb79_anx_en.pdf)

[2] Codification is the process of bringing together a
legislative act and all its amendments in a single new act. Recasting is
like codification in that is brings together in a single new act a legislative
act and all the amendments made to it, but unlike codification, recasting
involves new substantive changes, as amendments are made to the original act
during preparation of the recast text. In both cases, the new act passes
through the full legislative process and replaces the acts being codified.

[3] COM(2012)746 final

[4] SWD(2013)401 final

[5] 29% of regulations screened have been evaluated, 13% are undergoing
evaluation and 19% are scheduled to be evaluated.

[6] The Commission's impact assessment system is widely recognised for
its quality. [see i.e.: OECD 2011 ‘Sustainability in Impact Assessments —
A review of Impact Assessment Systems in selected OECD Countries and the
European Commission’, European Parliament 2011, ‘Comparative study on the
purpose, scope and procedures of impact assessments carried out in the Member
States of the EU’, CEPS/University of Exeter 2012, ‘Regulatory Quality in the
European Commission and the UK: Old questions and new findings’, European Court
of Auditors Special report N° 3/2010 ‘Impact Assessments in the EU
institutions: do they support decision making?’]

[7] Directive 2006/123/EC

[8] Commission Communication on Evaluating access to regulated
professions and accompanying SWD on the outcome of the peer review on legal
form, shareholding and tariff requirements, 2 October 2013

[9] This included i.e. reduced inspection costs for the marketing of
fruit and vegetables (EUR970m), exempting micro-enterprises from the accounting
directives and further modernisation of the overall regime (EUR6,471m),
simplifying reporting changes to medicines, pharmacovigilance and applications
for clinical trials (EUR368m), reducing statistical requirements in intra-EU
trade, agriculture, industrial production, etc. (EUR330m), VAT electronic
invoicing, simplified refunds, one-stop-shop, special arrangements for SMEs and
distance sales (EUR26,000m). These examples refer to
estimated burden based on the Commission proposal.

[10] See the Commission follow-up to the Top10 Consultation of SMEs on
EU Regulation in COM(2013)446 final and SWD(2013)401final.

[11] See also COM(2011)803 and COM(2013)122.

[12] Directives 92/43/EC and 2009/147/EC: This
Fitness check will be organised to accompany the evaluation required under the legislation, respecting the
deadlines set-out in the Directives.

[13] http://ec.europa.eu/environment/resource_efficiency/re_platform/

[14] In
cases where the social partners agree on the need for legislation, the
Commission is obliged to assess the agreements and to inform the social
partners of its decision. The Commission will continue its assessment of the
social partner agreement on the protection of occupational safety and health in
the hairdressing sector. During the present mandate, the Commission will not
bring forward a proposal for legislative implementation of this agreement.

[15] The Commission will
consider alternative ways of meeting its obligations under the Aarhus
Convention and is conducting an impact assessment while awaiting an ECJ
judgement.

[16] The Commission is considering presenting a new proposal.

[17] The pilot exercise establishing a
Structured Implementation and Information Framework for the Urban Wastewater
Treatment Directive aims at reducing reporting obligations while increasing
transparency about the state of implementation and citizens' access to
environmental information in real time.

[18] Communication of
the Commission "Empowering businesses and citizens in Europe’s single
market:

An Action Plan for boosting Your
Europe in cooperation with the Member States", COM(2013) 636 final of
17/9/2013

[19] These actions are detailed by policy area in SWD(2013)401 final.

[20] Regulation (EC) No
1935/2004

[21] Regulation (EU) No
1169/2011

[22] Currently,
proposals for amendments are adopted as amendments to existing acts, and
consolidated versions are developed in all languages after adoption. It is
under discussion to simplify this process by already using consolidated
texts in the adoption process.

[23] The Commission tools of SOLVIT and Your Europe Advice have
databases of cases which might provide useful evidence.

[24] Actions will be taken in context of the revision of the guidelines
for evaluations and impact assessments early 2014.

[25] These areas will be defined in 2014.

[26] See i.e.: "The Midas Touch: Gold-plating of EU employment
directives in UK law", London, Institute of Directors, June 2013.

[27] "Subsidiarity" refers to the principle that action should
be taken at the level of government where it is most effective, meaning that
action should not be taken at the EU level if that action can be taken more
effectively and efficiently at the international, national, regional or local
level.  The principle of "proportionality" requires that action taken
at any level of government should be proportionate to the relevant objectives
and should not over-regulate.

[28] The SME scoreboard presented in SWD(2013)60 will be merged into a
single REFIT scoreboard.

ANNEX

REFIT Initiatives

This annex presents the proposals that result from the REFIT
programme in terms of new initiatives to reduce costs, simplify regulation,
better to meet policy goals and achieve the benefits of EU regulation, as well
as initiatives to repeal outdated laws and to withdraw pending proposals or
refrain from action in areas where this is not appropriate or where sufficient
evidence in support of legislative action is not available. Commission
legislative initiatives with significant impacts are subject to evaluation and
impact assessment under the Commission's smart regulation policy.

The initiatives are presented in four main categories:

1. 
Pending Commission proposals for
simplification and burden reduction that are awaiting adoption by the
co-legislator;

2. 
New initiatives by the Commission to
simplify, reduce regulatory costs and consolidate legislation;

3. 
Areas where laws are outdated which
the Commission will propose for  repeal, proposals which the Commission will
propose to  withdraw and planned initiatives which it will not take forward;

4. 
Fitness Checks and Evaluations to
focus on the reduction of regulatory costs and burdens (planned and on-going).

1. 
Pending Commission proposals for
simplification and burden reduction that are awaiting adoption by the
co-legislator

Health and Consumer Policy

· 
Proposal for a Regulation on
Consumer Product Safety[1] and a Regulation on Market
Surveillance[2] introducing a clearer set of
rules, eliminating overlaps, and codifying also certain exemptions from reporting
requirements.

· 
Proposal for revision of the
Clinical Trials Directive[3], proposing streamlined authorisation
procedures and simplified reporting requirements;

· 
Proposals for a new animal health
law[4],
replacing 37 legal acts for a new plant health Regulation[5]
replacing 7 legal acts, for a new plant reproductive material law, replacing 12
legal acts and for a new Regulation on official controls along the agri-food
chain replacing 10 legal acts[6].

Environment

· 
Proposal
for a directive of the European Parliament and of the Council amending
Directive 2011/92 on the assessment of the effects of certain public and
private projects on the environment;

· 
Proposal
for a Regulation of the European Parliament and of the Council amending
Regulation 1013/2006 on shipment of waste.

Internal
Market and Services

· 
Commission proposal on the review of
the Professional Qualifications Directive (2005/36/EC)[7]

· 
Commission proposal to amend the
Public Procurement Directives Directive
2004/18/EC and Directive 2004/17/EC[8]

· 
Commission proposal on European Long-term Investment Funds[9]

Justice

· 
Proposal for a Regulation of the European Parliament and of the
Council on the protection of individuals with regard to the processing of
personal data and on the free movement of such data (General Data Protection
Regulation),[10]

· 
Proposal for a Directive of the European Parliament and of the
Council on package travel and assisted travel arrangements, amending Regulation
(EC) No 2006/2004, Directive 2011/83/EU and repealing Council Directive
90/314/EEC [11]

Home Affairs

· 
Commission proposal for a recast Directive for the entry and stay
in the EU for third-country national students, researchers and other groups
such as school pupils, trainees, volunteers and au pairs[12]

Maritime Affairs and Fisheries

· 
Commission proposal for a reform of the Common
Fisheries Policy[13]

· 
Commission proposal on Common Market
Organisation in fishery and aquaculture products[14]

Energy

· 
Community system for registration of
carriers of radioactive materials replacing national reporting and
authorization procedures by a unique registration system to simplify procedures
while ensuring high radiation protection levels;[15]

· 
Consolidation on basic safety
standards in field of radioprotection and associated directives;[16]

Budget

· 
Proposal of the Commission for a new
own resource based on VAT[17]

Taxation
and Customs

· 
Common Consolidated Corporate Tax base (CCCTB)

Trade

· 
Commission Proposal for a Regulation amending the
basic anti-dumping and anti-subsidy Regulations[18].

Mobility and
Transport

· 
Proposal amending Regulation 3821/85 on recording equipment in
road transport (tachograph).

Note: Several proposals
made by the Commission in the context of the Multi-annual Financial Framework
are pending adoption by the co-legislator. This concerns proposals in the areas
of Agriculture and Rural Development, Health, Consumer policy, internal
security funds, asylum and migration funds, Maritime Affairs and Fisheries,
Development Cooperation, Humanitarian Aid and Civil Protection and Enlargement.[19]

2. 
New initiatives by the Commission to
simplify, reduce regulatory costs and consolidate legislation

Employment

· 
Consolidation of three Directives in
the area of information and consultation of workers subject to the results of a
consultation of social partners.[20]

Health and Consumer Policy

· 
Revision of the Food Hygiene legislation
to consolidate the hygiene provisions, simplify procedures and reinforce a
flexible approach for SMEs;

· 
Consolidation of zootechnical
legislation.

· 
Simplification of the veterinary
medicines legislation

Statistics

· 
Framework Regulations for Integrating Business Statistics (FRIBS)
and social statistics[21];

· 
Reform of the Farm Survey System.

Home Affairs

· 
Simplification and streamlining of the Visa Code[22];

· 
Codification of the Schengen Borders Code[23];

Justice

· 
Consolidation and merger of legislation regarding consumer rights
and advertising subject to the results of a Fitness Check[24];

· 
Revision of legislation on a European Small Claims Procedure[25];

· 
Directive
2006/114/EC concerning misleading and comparative advertising.

Internal
Market and Services

· 
Revision of UCITS[26];

· 
Codification of eight Directives in company law[27];

Taxation
and Customs

· 
Introduction of a standard EU VAT
declaration in all Member States.

Agriculture

· 
Simplification of State Aid rules in
the agricultural sector[28];

· 
Review and simplification of the
legal framework for organic farming[29].

Trade

· 
Codification of twenty-six
Council Regulations following the adoption of two enabling regulations[30]
bringing trade legislation in line with the TFEU

· 
Export for Recovery of
non-hazardous waste – The update of Regulation 1418/2007[31]
will simplify procedures and reduce administrative burden;

Mobility and Transport

· 
Simplification of cabotage rules in road
transport[32].

Competition Policy

· 
Revision of Commission Regulation
implementing Council Regulation No 139/2004[33] to introduce a simplified procedure
for Merger Control  [Competition]

Fisheries and Maritime Affairs

· 
Fishing Authorisation Regulation

· 
Technical
measures for the protection of marine organisms

3. 
Areas where the Commission will propose or is
considering to repeal laws, withdraw pending proposals or where initiatives
will not be taken forward

Environment

· 
Withdrawal of a proposal for a Soil
Framework Directive[34];

The Commission notes that the proposal has been pending for 8
years during which time no effective action has resulted. It will therefore
examine carefully whether the objective of the proposal, to which the
Commission remains committed, is best served by maintaining the proposal or by
withdrawing it, thus opening the way for an alternative initiative in the next
mandate. This will be judged on the feasibility of reaching adoption before the
European Parliament elections.

· 
Withdrawal of a proposal on access
to justice in the area of environment[35];

Employment

· 
During the present mandate, the
Commission will not propose legislation in the area of occupational safety and health
for hairdressers, muscular skeletal disorders and screen displays,
environmental tobacco smoke and carcinogens and mutagens.

Enterprise and Industry

· 
Repeal of Directive 1999/45/EC on
the classification, packaging and labelling of dangerous preparations;

Health and Consumer Policy

· 
Withdrawal of two proposals regarding
information to the general public on medicinal products subject to medical
prescription[36].

· 
Repeal of Council directive on
assistance to the Commission and cooperation by the Member States in the
scientific examination of questions relating to food[37]

Statistics

· 
Repeal of the Regulation on Steel Statistics[38]

· 
Withdrawal of a proposal for a Regulation on European statistics
on safety from crime (COM(2011)335)

Home Affairs

· 
Repeal of a Council Decision concerning arrangements for
cooperation between financial intelligence units of the Member States in
respect of exchanging information[39]

Internal
Market and Services

· 
Withdrawal of proposals in legislative procedure on the legal
protection of designs and on the Community patent (patent proposal converted
into enhanced cooperation).

· 
Withdrawal of the proposal for a Council Regulation on the statute
of a European private company[40].

Taxation

· 
Withdrawal
of the proposal for a Directive simplifying VAT obligations[41]

Mobility and Transport

· 
Repeal of Directive 2007/38/EC on
the retrofitting of mirrors to heavy goods vehicles;

· 
Repeal of Directive 2009/33/EC on the
promotion of clean and energy-efficient road transport vehicles;

· 
Withdrawal of proposal in
legislative procedure regarding driving licences which include the
functionality of a driver card.

Energy

· 
Repeal of the Council decision 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[42] and implementing legislation.

Development Cooperation

· 
The
Commission will not propose a new European Union Food Facility. This instrument
will expire at the end of 2013.

4. 
Fitness Checks, Evaluations and
other reports assessing the potential for simplification and the reduction of
regulatory costs and burdens

Environment

Fitness Checks and Evaluations planned:

· 
Fitness Check on Natura 2000[43],
on the EU Eco-Label[44] and EMAS[45];

· 
Streamlining of reporting
requirements obligations in the environment sector applying the principles of
Structured Implementation and Information Frameworks;

· 
Evaluations of the European Pollutant
Release and Transfer Register (EPRTR), of legislation in relation to keeping
wild animals in zoos and regarding the Aarhus Convention (pending a Court of
Justice judgement).

Fitness Checks and Evaluations
ongoing:

· 
Fitness Checks on Waste Policy[46];

· 
Evaluations of legislation in
relation to environmental noise, volatile organic compound emissions,
environmental liability and Infrastructure for Spatial Information.[47]

Employment

Evaluations planned:

· 
Evaluations of legislation regarding
information obligations for employers in relation to employment contracts.

Evaluations ongoing:

· 
Evaluation of legislation in the
area of health and safety at work.[48]

· 
Directive 2008/104/EC99 on temporary
agency work

· 
Directives 97/81/EC97 on part-time
work and 99/70/EC98 on fixed-term work

Health and Consumer Policy

Fitness Checks and Evaluations planned:

· 
Fitness Check of the Regulation (EU)
N° 178/2002 (the General Food Law Regulation).

Enterprise and Industry

Fitness Checks, Cumulative Cost
Assessments and Evaluations planned:

· 
Fitness Checks on the most relevant chemicals legislation not
covered by REACH as well as related aspects of legislation applied to
downstream industries;

· 
Evaluations of the machinery Directive and firearms legislation;

· 
Cumulative cost assessments in the areas of chemical industry and
forest-based industries (woodworking, furniture, pulp/paper and printing).

Fitness Checks and Evaluations
ongoing/completed:

· 
Evaluation of regulations regarding internal market for industrial
products;

· 
Fitness check on the type-approval system for motor vehicles and
of the oil refining sector;

· 
Cumulative cost assessment of the aluminium sector;

· 
A cumulative cost assessment on the steel sector has been
delivered in 2013.

Energy

Evaluations planned:

· 
Evaluation of the Directive on
Renewable Energy[49]

Home Affairs

Fitness Checks and Evaluations
planned:

· 
Fitness Check of legislation on legal migration;

· 
Evaluations of the Visa Information System[50],
FRONTEX[51] including Rapid Border Intervention
Teams[52] and legislation on residence permits
for victims of trafficking in human beings[53].

Evaluations ongoing:

· 
Comprehensive evaluation report of Council Framework Decision on
the fight against organised crime and on combating terrorism[54].

Justice

Fitness Checks and Evaluations
planned:

· 
Fitness Check with a view to the possible need for consolidation
and merger of legal acts related to consumer rights and advertising (see
above);

· 
Evaluation of legislation regarding equal treatment in social
security[55].

· 
Evaluation of legislation on a European Enforcement Order for
uncontested claims[56].

Internal
Market and Services

Evaluations planned:

· 
Regulation 1606/2002 on the application of international
accounting standards (IAS);

· 
New Remedies Directive 2007/66/EC;

· 
Financial Services legislation[57];

· 
Directive 86/653 on commercial
agents.

Taxation
and Customs

Evaluations planned:

· 
Evaluations of the directive on the
structure and rates of excise duty applied to manufactured tobacco and of
general excise duty arrangements.

Trade

Evaluations planned:

· 
Comprehensive implementation report on the EU export controls
Regulation, including review of the Dual Use Regulation 428/2009 (required
under the basic act and export control policy). The planned report will present
options for reform and simplification;

· 
Evaluation of Council Regulation (EC) No 953/2003 of 26 May 2003
to avoid trade diversion into the European Union of certain key medicines;

·

Mobility and Transport

Evaluations planned:

· 
Evaluation of Directive 2004/54/EC
on tunnel safety;

· 
Evaluation of the Combined Transport
Directive[58];

· 
Evaluation of Passenger Ships Safety
Legislation[59];

· 
Continuing work on the definition
and implementation of aviation safety for the non-commercial sector[60].

Other Areas

Evaluations ongoing:

· 
Evaluation of the European Consensus on Humanitarian Aid – the
policy framework for cooperation between the EU and Member States [Humanitarian
Aid and Civil Protection]

Evaluations planned:

· 
Evaluation of Privacy and Electronic
Communications Directive[61] [Communications Networks, Content and Technology]

· 
Evaluation of Audio-visual Media
Services Directive (AVMSD)[62] [Communications Networks, Content and Technology]

· 
Evaluation of Merger Regulation:
referral system and minority shareholdings [Competition]

[1] COM(2013)78

[2] COM(2013)74

[3] COM(2012)369 final

[4] COM(2013) 260 final

[5] COM(2013) 267 final

[6] COM(2013) 265 final

[7] COM(2011)883

[8] COM(2011)896 and
COM(2011)895

[9] COM(2013) 462 final

[10] COM(2012) 11

[11] COM(2013) 512

[12] (COM(2013)151)

[13]
COM(2011) 425

[14]
COM (2011) 416

[15] COM(2011)518

[16] COM(2012)242

[17] COM(2011)737,
739 and 740. Pursuant to the conclusions of the European Council of July 2013
the current system shall be maintained during the next MFF. The Commission
approved on 4 September a draft joint declaration on own resources which is
part of the political agreement between the Council and the EP. It provides for
the establishment of a high-level Group which will undertake a general review
of the own resources system.

[18] Commission Proposal (COM(2013) 192) for
a Regulation amending the basic anti-dumping and anti-subsidy Regulations[18] (Council Regulation
(EC) No 1225/2009 on protection against dumped imports from countries not
members of the European Community and Council Regulation (EC) No 597/2009 on
protection against subsidised imports from countries not members of the European
Community).

[19] For references, see SWD(2013)401 final.

[20] This concerns Directive 98/59/EC on collective redundancies,
Directive 2001/23/EC on transfers of undertakings and Directive 2002/14/EC
establishing a general framework relating to information and consultation of
workers in the EC.

[21] The
review of social statistics will depend on developments within the European
Statistical System.

[22] Regulation (EC) No 810/2009 establishing a Community Code on Visas

[23] Regulation (EC) No 562/2006 of the European Parliament and of the
Council establishing a Community Code on the rules governing the movement of
persons across borders

[24] Directive 2005/29/EC[24] on unfair business to
consumer commercial practices; and Directive 1999/44/EC on certain aspects of
the sale of consumer goods and associated guarantees and Directive 93/13/EC on unfair terms in consumer contracts.

[25] Regulation (EC) No 861/2007 of the European Parliament and of the
Council of 11 July 2007

[26] Directive 2009/65/EC

[27] Directives 82/891/EEC, 89/666/EEC, 2005/56/EC, 2009/101/EC,
2009/102/EC, 2011/35/EU, 2012/17/EU, 2012/30/EU.

[28] The future "de minimis"
regulation is undergoing impact assessment with a view to adoption of the
regulation by the end of 2013. The impact assessment for the remaining State
aid package (i.e. State aid guidelines and the regulations on block exemptions
and notification forms) is envisaged for early 2014. The new guidelines and
regulations are planned to be adopted by July 2014.

[29] The review of the organic farming legislation will target
inconsistencies, gaps and ineffective measures, simpler rules and reduced
regulatory costs. The impact assessment is planned for autumn 2013 and the
Commission's adoption of proposals is envisaged for the first quarter of 2014

[30] COM(2011)82
and COM(2011)349

[31] Commission Regulation (EC) No 1418/2007 of 29
November 2007 concerning the export for recovery of certain waste listed in
Annex III or IIIA to Regulation (EC) No 1013/2006 of the European Parliament
and of the Council to certain countries to which the OECD Decision on the
control of transboundary movements of wastes does not apply

[32] Regulation (EC) No 1072/2009 of the European Parliament and of
the Council of 21 October 2009 on common rules for access to the international
road haulage market

[33] COUNCIL REGULATION (EC)
No 139/2004 of 20 January 2004 on the control of concentrations between
undertakings (the EC Merger Regulation)

[34] COM(2006)232

[35] The Commission will
consider alternative ways of meeting its obligations under the Aarhus
Convention and is conducting an impact assessment while awaiting an ECJ
judgement.

[36] COM(2012)48 and COM(2012)49

[37] OJ L52, 4.1.1993, p.18

[38] Regulation (EC) No 48/2004.

[39] Council Decision 2000/642/JHA of 17 October 2000. Timing to depend
on adoption and implementation of Anti-Money Laundering Directive proposal,
adopted by Commission 5/02/2013 which will make Decision 2000/642/JHA obsolete.

[40] COM(2008)396. The Commission considers presenting a new proposal in
this area.

[41] COM (2004) 728 final of 29 October 2004

[42] Council Decision 77/706/EEC 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 (+implementing Commission Decision 79/639)

[43] Directives 92/43/EC and 2009/147/EC: This
Fitness check will be organised to accompany the evaluation required under the legislation, respecting the
deadlines set-out in the Directive.

[44] Regulation (EC) No 66/2010

[45] Regulation (EC) No 1221/2009

[46] Covering: Directive
86/278/EEC (sewage sludge), Directive 94/62/EC(packaging and packaging waste),
Directive 96/59/EC(PCB/PCT), Directive 2000/53/EC (end of life vehicles),
Directive 2006/66/EC(batteries)

[47]
Directive
2002/49/EC relating to the assessment and management of environmental noise; Evaluation of Directive 2009/126/EC of
21 October 2009 on Stage II petrol vapour recovery during refuelling of
motor vehicles at service stations; Directive 2004/35/CE on environmental liability with regard
to the prevention and remedying of environmental damage; Directive 2007/2/EC
establishing an Infrastructure for Spatial Information in the European
Community (INSPIRE).

[48] Framework Directives 89/391/EEC and 23 related Directives.

[49] Directive 2009/28/EC of 23 April 2009 on the
promotion of the use of energy from renewable sources and amending and
subsequently repealing Directives 2001/77/EC and 2003/30/EC

[50] Regulation (767/2008) and Council Decision 2004/512

[51] Council Regulation (EC) No 2007/2004 establishing a European Agency
for the Management of Operational Cooperation at the External Borders of the
Member States of the European Union (FRONTEX)

[52] Regulation (EC) No 863/2007 establishing a mechanism for the
creation of Rapid Border Intervention Teams and amending Council Regulation
(EC) No 2007/2004 as regards that mechanism and regulating the tasks and powers
of guest officers

[53] Council Directive 2004/81 on the residence permit issued to
third-country nationals who are victims of trafficking in human beings or who
have been the subject of an action to facilitate illegal immigration, who
cooperate with the competent authorities. This Directive and Directive 2011/36
relevant to combating trafficking in human beings will be considered for being
merged.

[54] Council Framework Decision 2008/841/JHA and Council Framework
Decision 2008/919/JHA amending Framework Decision 2002/475/JHA

[55] Council Directive 79/7/EEC on the progressive implementation of the
principle of equal treatment for men and women in matters of social security.

[56] Regulation (EC) No 805/2004 of 21 April 2004 creating a European
Enforcement Order for uncontested claims.

[57] This evaluation is planned for the medium term.

[58] Council Directive 92/106/EEC of 7 December 1992 on the
establishment of common rules for certain types of combined transport of goods
between Member States, Official Journal L 368 , 17/12/1992 P. 0038 - 0042

[59] Directive 2009/45/EC of the European Parliament and of the Council
of 6 May 2009 on safety rules and standards for passenger ships (Recast),
Official Journal L 163 , 25/06/2009 P. 0001 - 0140

[60] European Aviation Safety (EASA) Basic Regulation (216/2008)

[61] Directive 2009/136/EC of the European Parliament and the Council of
25 November 2009 amending Directive 2002/22/EC on universal service and users’
rights relating to electronic communications networks and services, Directive
2002/58/EC concerning the processing of personal data and the protection of
privacy in the electronic communications sector and Regulation (EC) No
2006/2004 on cooperation between national authorities responsible for the
enforcement of consumer protection laws

[62] Directive 2010/13/EU. A consultation on core elements of
the AVMSD has just been held, a separate consultation was held on the
independence of the audiovisual regulatory bodies (article 30 of AVMSD) on
which an assessment is currently being made.