# EUR-Lex - 52011SC1626 - EN

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# 52011SC1626

**COMMISSION STAFF WORKING PAPER Functioning of the system /* SEC/2011/1626 final */**

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1. 
Organisation in the Commission and in the Member
States
1.1. 
Organisation in the Commission

The EU Pilot system is centrally managed by
the Secretariat General of the Commission, acting as a central Contact Point
for the Member States. The Secretariat General is responsible for the overall
management of the system, monitoring its functioning, developing the IT application,
responding to questions and providing guidance on its operation.

Each Commission service responsible for the
application of EU law has put a team of Contact Points in place (usually consisting
of 1 to 6 people). The Contact Points in the services initiate files and ensure
the coherence of the system in the Directorate General concerned. They
attribute files to file-handlers and are responsible for contacts with the
Member States.

File-handlers in each Directorate General
of the Commission draft requests for information (explanations, issue
descriptions and questions) to Member States and upload them into the system.
They assess responses provided by the Member States and propose any appropriate
follow-up.

1.2. 
Organisation in the Member States

As with the Commission services, each
Member State appoints a Central Contact Point who is responsible
for the overall management of the process. The main task of these Contact
Points is to ensure coordination between the authorities of the Member State
and the Commission services.

The form of organization varies according to
the Member State:

Austria

The Austrian contact point is located in the
Federal Chancellery in the division which is responsible for infringement cases
with the EU Commission and procedures at the ECJ. It attributes the files
submitted through EU Pilot to the competent ministries or regions and
coordinates the official Austrian responses.

Belgium

The Contact Point is part of the European Law
Directorate within the Directorate General for Legal Affairs of the Federal
Public Service of Foreign Affairs, Foreign Trade and Development Cooperation.
This Directorate is also responsible for the coordination of infringement cases
and transposition. The Contact Point attributes the files to the competent authorities
and monitors the overall operation of the EU Pilot. The responsible authorities
upload their answer in the system, but will not send their answer to the
Commission. It is up to the Contact Point to send the Belgian answer to the
Commission once the answer of all competent authorities is received.

Bulgaria

The Contact Point is located in the EU
Affairs Directorate of the Council of Ministers’ administration, which is also
responsible for the management of infringement and SOLVIT cases. After the file
is received in EU Pilot, it is uploaded into an internal database (INFRASOLVE),
which sends automatic notifications to the line ministries responsible for the
matter in question. The line ministries prepare draft answers, consult on them
within a relevant working group (there are 35 inter-ministerial working groups
on different EU policies, which communicate mostly via e-mail). The final
replies are sent for information to the members of the Council on EU Affairs
and uploaded by the Contact Point into the EU Pilot database.

Cyprus

The contact point is a Counsel of the
Republic working in the EU Law Section of the Law Office of the Republic of
Cyprus, which is also in charge of the infringement proceedings. The EU Pilot
files are attributed to a file handler within the Law Office of the Republic,
who forwards them to the Ministry concerned. A deadline is set for the
competent Ministry to deal with the case and to submit a draft of the answer
proposed. The answer is finalized by the file handler. The answer is uploaded
to the system by the contact point.

Czech Republic

The Czech Contact Point is located in the EU
Law Department of the Foreign Affairs Ministry. The same department
is in charge of the infringement proceedings; however, there is shared
responsibility among the Ministry of Foreign Affairs and the competent
Ministry.

Denmark

The Contact Point belongs to the Ministry of
Foreign Affairs. EU Pilot files are treated by a special committee for Legal
Affairs, chaired by the Ministry of Justice. Files are forwarded to all
Ministries concerned and discussed in the committee.

Estonia

The
Contact Point is located in the EU Litigation unit of the Ministry of Foreign
Affairs. The unit is also responsible for coordination of infringement cases
and litigation before the European Court.

The Contact Point attributes EU Pilot cases
to the contact officer in the Ministry in charge and forwards the Ministry's response
to the Commission via the EU Pilot database. The Contact Point fulfils an
overall monitoring and coordination function, but as a rule is not involved in
preparing the answer.

Finland

The Contact Point has been set up in the
Ministry for Foreign Affairs Unit for EU Litigation which is also responsible
for the preparation of EU court cases and infringement matters. The Contact
Point attributes the cases covered by the Pilot project to the contact officer
in the Ministry in charge and forwards the Ministry’s response to the
Commission through the Pilot’s IT system. The Contact Point does not take part
in the preparation of the answer. If the case falls within the sphere of
authority of several ministries, they take care, as a rule, of the coordination
of the matter among themselves. The same procedure is applied if the response
requires the participation of the Åland Islands in the consideration of the
case.

France

The
Contact Point has been set up in the Legal service of the Secretariat General
of European Affairs which depends directly from the Prime Minister. The Legal
service is also dealing with litigation cases and preliminary references before
the ECJ, but the EU Pilot team itself is also working on SOLVIT. Another
Contact Point belongs to the Permanent Representation in Brussels. All
correspondence from the Commission and vice versa is channeled by these
Contacts Points. In order to elaborate a satisfying answer for the Commission,
the Contact Point informs the concerned person in the Legal service and
transmits the file to the competent units of the Secretariat General of
European Affairs which consult every concerned Ministry, set a deadline for
preliminary responses allowing sufficient time for the work required for any
finalisation and organise meetings if necessary. The official finalised answer
is charged in the database by the Contact Point of the Permanent Representation
in Brussels.”

Germany

The Contact Point is part of
the Federal Ministry of Economics and Technology (BMWi) and fulfils an overall
monitoring and coordination function. All correspondence from the Commission
and vice versa is channelled through BMWi. The unit in charge of the EU Pilot
is also in charge of infringement cases within the Federal Government. Although
BMWi checks all messages to the Commission and gives legal advice as
appropriate, the political responsibility remains with the line Ministry or the
German Länder – in keeping with their political competence.

Greece

The Central Contact Points are located in the
Legal Service – Department of EU Law in the Ministry of Foreign Affairs and the
Legal Service at the Permanent Representation of Greece to the EU. The Legal
Services are also responsible for the coordination of infringement cases and
administrative letters. They cooperate closely, allocating files to file-handlers,
who are designated in every Ministry. The file-handlers upload answers into the
EU Pilot system. The Department of EU Law in the Ministry of Foreign Affairs
scrutinizes the answers, and ensures the coordination and cooperation of the various
competent authorities. Finally, the Contact Point at the Permanent
Representation submits the reply to the Commission.

Hungary

The Contact Point for the EU Pilot is located
in the Ministry of Foreign Affairs. The Section for EU Law of the EU Internal
Market and Legal Affairs Department is responsible for the co-ordination of EU
Pilot, as well as is in charge of notification of national transposing
legislation and infringement procedures. The Contact Point is to dispatch the
letters to the responsible line-ministries, and to ensure that a co-ordinated
answer is adopted and given to the Commission. The formulation of the answer is
done in an expert group operated in shared competence by the Ministry of
Foreign Affairs and the Ministry of Public Administration and Justice. The
expert group is part of the overall governmental co-ordination system governed
by the Inter-ministerial Co-ordination Committee for EU Affairs that oversees
and manages all matters related to the functioning of Hungary as a Member
State.

Once a letter is received in the EU Pilot,
the Contact Point establishes the ministry with primary competence in the issue
area, as well as the other concerned ministries, and sends a notification letter
thereto asking for an official position on the matter. The answer is drafted by
the Contact Point on the basis of the positions received from the involved
ministries, and is conciliated and finalised in the expert group via e-mail, as
a main rule. The expert group is convened for a meeting on a case-by-case
basis, should the matter at stake so require. The draft response is debated in
the expert group until all parties reach a final agreement. Once the response
is finalised it is uploaded by the Contact Point to the EU Pilot interface, and
is sent back to all parties participating in the expert group for their
database.

Ireland

The Contact Point is in the process of moving
from the Department of Foreign Affairs to the Prime Minister’s Department. The
contact point asks the responsible Departments to handle the files, which raise
issues falling within their area of responsibility in the system. The
Departments concerned upload the answers into the system. Following a recent
Government decision, responsibility for EU affairs is to be transferred to the
Prime Minister’s Department. The staff of EU Division, including those who deal
with the EU Pilot, are in the process of transferring from DFA to the Prime
Minister's Department. While the exact working arrangements have yet to be finalized,
it is expected that this will lead to oversight of EU legislation, including transposition/Pilot
and infringements being centralized in the Prime Minister's Department.

Italy

The Contact Point is located in the
Department for European Affairs of the Prime Minister’s Office. The Department
reports to the Minister for European Affairs. The Contact Point’s team deals
also with infringement procedures. The files are dealt with by officials who
consult every concerned Ministry, setting a deadline for preliminary responses
allowing sufficient time for the work required for any finalisation, as
necessary. The Ministries work together on given cases, which helps afterwards
if the file becomes an infringement. When necessary, special coordination meetings
are organized by the Contact Point on single cases.

Latvia

The
Contact Point belongs to the Department of Cooperation with the European Court
of Justice under the Ministry of Justice. This department is also responsible
for the coordination of infringement cases and representation of Latvia before
the European Court of Justice.

The Contact Point submits the documents of an
EU Pilot case to the responsible institution. The responsible institution
drafts a reply and sends it to the Contact Point for an opinion. Afterwards,
the final version is drafted by the responsible institution and sent to the
Contact Point which uploads it into the system. The overall coordination and
supervision of EU Pilot cases is carried out by the Contact Point, although the
answer is proposed and drafted by the responsible institution. There is one
Contact Point for EU Pilot cases in each Ministry (normally the Contact Point
is the person who is responsible for the coordination of infringement cases).

Lithuania

Lithuania has opted for centralized
management of EU Pilot. The Contact Point belongs to the European Law
Department under the Ministry of Justice, which coordinates and monitors all
the EU law infringement procedures in Lithuania. The European Law Department
sends documents received through EU Pilot to the responsible institution. With
regard to complaints or other documents delivered through EU Pilot, the State
institution that is in charge of the transposition or implementation of the
relevant EU legal act drafts a reply and submits it for coordination to the
European Law Department (if necessary, to other competent institutions as well).
The European Law Department provides conclusions on the draft reply. Then the
responsible State institution sends the final reply to the European Law
Department, which submits the answer to the Commission through EU Pilot.

Poland

In Poland the Contact Point is located in the
EU Law Department of the Ministry of Foreign Affairs. The Department is also in
charge of infringement procedures and litigation before the Court of Justice of
the European Union. The Contact Point attributes EU Pilot cases internally (to
the file handler within the EU Law Department) and externally (to the competent
Ministries). The Contact Point sets a deadline for the competent Ministry to
deal with the case and to submit a draft of the answer proposed. The Ministry
drafts a reply and sends it to the Contact Point for an opinion. The reply is
either accepted and uploaded in the system or re-drafted by the relevant Ministry.

Portugal

The Contact Point is placed in the Ministry
of Foreign Affairs and the same legal experts deal with EU Pilot and
infringements files. They ensure coordination if several Ministries are
involved. Short deadlines are set. There is one Contact Point for infringement
cases, and thus EU Pilot files, in each Ministry.

Romania

The central Contact Point is located in the Ministry
of European Affairs, more exactly in the Directorate for European Law and
Legislative Harmonization. A network of experts from each central ministry and
institution has been set up in order to facilitate the inter-institutional
communication. These experts are also participating in the Working Group for
European Litigation. Romania has opted for a centralized management of EU
Pilot. The Contact Point attributes the cases to the responsible institution
(to the contact person and by an official letter). If there are more
institutions involved than the Contact Point nominates the institution
responsible for drafting the final response, indicating the rest of the
institutions that should take part in the process. As a rule, the nominated
institution coordinates the matter among the rest of the institutions. In the
same time, the Contact Point is responsible for setting a deadline for a
preliminary reply allowing for the official reply to be finalized in due time.
The European Law Directorate may provide the institutions with an informal
opinion on the draft reply. However, the responsible institution is responsible
for drafting the final reply and sending it to the Contact Point. The Contact
Point will upload the final reply and any other documents in the database.
Furthermore, the Contact Point is responsible for monitoring the overall
functioning of the EU Pilot at national level.

The Netherlands

The central Contact Point is part of the
European Law Division of the Legal Department of the Ministry of Foreign
Affairs. This division is also responsible for (the coordination of)
infringement cases. The central Contact Point attributes the files to the EU
Pilot coordinators of the department(s) concerned, uploads the answers into the
system and monitors the overall operation of EU Pilot. When asked by the
responsible Department, the central Contact Point can also play a more
substantial role.

A second Contact Point is located in the
Permanent Representation in Brussels. This Contact Point transmits and draws
attention to EU Pilot files within the Permanent Representation, is involved in
organising meetings with the Commission to discuss specific EU Pilot files and
can (if the Ministries in The Hague so desire), like the central Contact Point,
be involved in the preparation of an answer.

Spain

The Contact Point belongs to the Ministry of Foreign Affairs and Cooperation. The
treatment of EU Pilot files follows the same system as for infringement cases.
The Ministry of Foreign Affairs and Cooperation identifies which administration
is responsible, and it is the administration that will prepare the answer and
send it to the Ministry which ensures the coordination function.

Slovakia

The EU Pilot Contact Point is the
Department of Law Approximation at the Government Office of the Slovak
Republic. The Department examines the subject matter of each case opened
against the Slovak Republic. On receiving a case, the Department contacts the
relevant Slovak authorities and asks for their statements and comments on the
case, coordinates the drawing-up of the response and uploads its final version
into the EU Pilot database. Information on the EU Pilot cases is also sent to the
Slovak Permanent Representation to the EU, Slovak Agent before the Courts of
the EU and the Slovak Ministry of Foreign Affairs. The Slovak SOLVIT Centre is
established at the Department of Law Approximation as well.

Slovenia

The Contact Point belongs to
the Government Office for Development and European Affairs. The Contact Point
identifies the relevant Ministries and contacts the Contact Point in each
Ministry. Meetings are held to find solutions and it is the Government Office
for Development and European Affairs that checks the answer and uploads it into
the system.

Sweden

A central contact point has
been appointed within the Legal Secretariat of the Ministry for Foreign
Affairs, which receives the enquiries via an e-mail address. There are
currently four case handlers together with the head of the EU litigation
section dealing with pilot cases within the Legal Secretariat of the Ministry
for Foreign Affairs. When an enquiry arrives, the contact persons analyse it
and identify the responsible Ministry within the Swedish Government Offices which
is in charge of the question concerned, i.e. if the enquiry concerns taxation
it will be transferred to the Ministry of Finance, or if it concerns
environment, the enquiry will be passed on to the Ministry of the Environment.

The responsible Ministry
will then more thoroughly analyse the legal problem/-s of the enquiry, contact
relevant authorities and prepare a draft reply. The draft reply is then
prepared collectively with the Legal Secretariat of the Ministry for Foreign
Affairs, the EU Department at the Prime Minister’s Office and with any other
Ministries concerned. Once the collective preparation is terminated the
responsible Ministry will send the reply and necessary attachments by means of
the Pilot database. The Ministry of Foreign Affairs will also receive a copy of
these documents.

As displayed above, Sweden
has chosen a decentralized way to organise and manage the EU Pilot project.

United Kingdom

The Contact Point belongs to
the EU Section of the Cabinet Office, which coordinates the work on the EU
Pilot and infringement cases. It fulfils a general role monitoring problems of
application of EU Law. The files are sent to the lead Departments. Policy and
legal experts draft the response and send it to the Cabinet Office who ensures
the coordination function.

2. 
Evaluation of files by Member States and
Commission services

In February 2011, the Secretariat General of
the Commission conducted an evaluation of files closed between 01.3.2010 and
01.02.2011 with the participating Member State authorities and the Commission
services.

Member States and Commission services replied
to the same series of questions on each file. The questionnaire focused on the
quality and cooperation/support criteria.

NB:
No reply received from UK.

2.1. 
Evaluation by the Member States
2.1.1. 
Quality of files – Assessment by the Member
States

The Member State authorities were asked to
assess the quality of the files submitted to them by the Commission services.
The results are positive as, according to the Member State authorities, 96% of
the files submitted to them were well prepared with a clear identification of
the issues at stake.

When a file is
submitted to a Member State, the lead service of the Commission has to put clear
questions to the national administration. Member State authorities are
satisfied with 92% of the files.

The quality of preparation
of the files is a key element. Not only does it help the Member States' Contact
Point to know to which authority the file should be allocated, but it enables the
responsible authority to provide a constructive answer. The clearer the
description and the documents attached to the file, the quicker and more
effectively the Member State will be able to provide a constructive answer to
the Commission.

2.1.2. 
Cooperation and support - Assessment by the Member States

EU Pilot is based on the "partnership
approach" which the Commission pursues with Member States in the
application of EU law. The EU Pilot project provides for closer cooperation
between the Commission and Member State to resolve issues which are particularly
relevant for citizens and businesses. It is therefore essential, for the sake
of the efficiency of the system, that the Commission services are cooperative
and ready to provide assistance to the national authorities of the Member
States. The results of the evaluation show that out of the 35 files where the
Member State authorities requested the assistance and support of the Commission
services, the Member State authorities received assistance and support in 89%
of these files.

2.2. 
Evaluation by the Commission services
2.2.1. 
Quality of files – Assessment by the Commission'
services

Another
important key element in the treatment of an EU Pilot file is the quality of
the answers provided by the Member State authorities. It can be observed that
in 89% of the files, the Commission services are satisfied with the quality of
the responses proposed by the national authorities. An answer which is as
complete as possible helps the competent service of the Commission to evaluate whether
or not the response resolves the issue and is in compliance with EU law, and
whether the launch by the Commission of an infringement procedure under Article
258 TFEU should be envisaged.

2.2.2. 
Cooperation and support –
Assessment by the Commission' services

As mentioned above, the EU Pilot working
method is based on the partnership and cooperation approach between the
Commission and the Member States The results of the evaluation show that, in
most cases (88%), the Commission services are satisfied with the cooperation
shown by the Member States when processing files in the system.

3. 
statistical data on the functioning of EU Pilot

The statistics below cover the period from 14
April 2008 to 09 September 2011. This period of three and a half years provides
an exhaustive overview of the functioning of the system since its launch.

3.1. 
Volumes of files
3.1.1. 
Volume of files – Breakdown by Member States

- Entry date in the EU Pilot operational
database:

– 
14.04.2008:
Austria, Czech Republic, Denmark, Germany, Finland, Hungary, Ireland, Italy,
Lithuania, The Netherlands, Portugal, Slovenia, Sweden, Spain and the United
Kingdom

– 
14.09.2010:
Estonia and Slovakia

– 
14.10.2010:
Bulgaria

– 
03.01.2011:
Belgium, Latvia, Poland and Romania

– 
07.03.2011:
Cyprus

– 
05.09.2011:
France and Greece

Those Member States who have a larger
population normally receive more files in EU Pilot, because of a higher number
of citizens, businesses and civil society interests. Moreover, there is a difference
between the volume of files between those Member States which use the system
since the start in 2008 and the others which joined the system in the course of
2010 or 2011. Out of 2121 files: 15.5% of files were submitted to Italy and
Spain, 8% to United Kingdom, 7.7% for Germany and 6.5% for Portugal.

3.1.2. 
Volume of files – Breakdown by Commission'
services

The statistics show that the subject-matter
of the files confirms the existing experience of the volume of questions and
problems arising in the different fields of EU law: 33% of files concerned
environmental issues, 15% internal market, 10,5% taxation, 8% mobility and
transport and 6% health and consumer protection.

3.2. 
Origin of files
3.2.1. 
Origin of the files – Breakdown by nature

It can be observed that in the EU Pilot
application, 44% of the files are opened at the own-initiative of the
Commission, while 49% of the files are complaints and 7% of the files are
requests for information sent by citizens or businesses.

3.2.2. 
Origin of the files – Breakdown by origin of
files

The chart shows
that more than half (56%) of total files in EU Pilot originate from citizens
(41% of all files) and businesses (15%). 44% of the files are open at the
own-initiative of the Commission.

3.3. 
The standard 10 week benchmark[1]
3.3.1. 
The standard 10 week benchmark for Member
States[2]

Within 10 weeks, the Member State should
respond to the enquiry or complaint as fully as possible and propose a solution
to the problems identified. It can be observed that most of the Member States
respect this benchmark. From the start of EU Pilot in 2008 and until 9 September
2011, the average time taken by Member States for proposing a response to the
Commission is 67 days, which is in line with the 10 weeks fixed for Member
States' responses.

3.3.2. 
The standard 10 week benchmark for Commission'
services

- No data are available for the following
Commission services: DG Enlargement, DG Climate Action, DG for Economic and
Financial Affairs and the Legal Service.

The credibility of the EU Pilot project
depends, inter alia, on the speed of the whole process. Member States do
their best to provide a response to the Commission within a general benchmark
of ten weeks. Citizens and businesses are also awaiting the evaluation of
Member State's responses by the Commission. Hence a general benchmark of ten
weeks is also set for the assessment by the Commission services of Member State
authorities' responses. However, it is important to note that the benchmark for
the Commission has only been introduced with the adoption by the Commission of
its first evaluation report on EU Pilot [COM(2010)70 final] on 3 March 2010.

Since March 2010, the average time taken by
the Commission services to assess the replies proposed by Member States'
authorities and to decide on a follow-up of the file is 102 days, which is
beyond the general benchmark. The longer time taken by Commission services in
evaluating responses is often due to the requests for additional information that
have to be sent to the national authorities in more complex files, as well as
to translation needs.

3.4. 
Success of the system
3.4.1. 
Success rate – Assessment of the responses

Nearly 80% of the responses provided by the
Member States (1107 files) had been assessed as acceptable, enabling the file
to be closed without the need to launch an infringement procedure under Article
258 TFEU. The remaining 20% (303) for which no acceptable solution with EU law
could be found went on to the infringement phase, which had already been
launched or was being prepared by the Commission following the processing of
the file in EU Pilot.

3.4.2. 
Reduction in the volume of new of infringements[3]

The data in the
above table indicate that since 2010 the absolute number of new infringement
procedures launched by the Commission (adoption of a letter of formal notice under
Article 258 TFEU) is decreasing. This reduction in the number of infringement
procedures is even more visible when comparing the data of 2009 with the data
of 2011. Although it is not possible to identify all
the reasons for this tendency, one explanation is the setting up of EU Pilot,
which helps to clarify and solve satisfactorily some issues regarding
application of EU law raised by the Commission, thus putting an end to problems
without the need for recourse to infringement proceedings and, in case of complaints, providing more rapid results for
citizens and businesses.

[1]               The files taken into account for the calculation of
the benchmark are the files where responses to the files have been provided by
Member States and assessed by the Commission.

[2]               Ireland comments that its figures include a small
number of legal cases for which responses were delayed due to ongoing national
court proceedings and also reassignment of responsibilities between some
Ministries following the General Election in 2011.

[3]               Non-communication
cases are not concerned by these statistics as they are excluded from the scope
of EU Pilot.