EN Official Journal of the European Union C 141/1

Opinion of the Committee of the Regions on better lawmaking package 2007-2008

2010/C 141/01

THE COMMITTEE OF THE REGIONS

— underlines that local and regional authorities hold exclusive and shared competences when providing public services and contributing to the social and economic development of their communities. Therefore, their full participation in the early elaboration of EU law and its implementation on the ground are indispensable for the functioning of the democratic life of the EU.

— recognises that progress has been made in this field, and applauds the European Commission’s commitment to this task, which has delivered tangible results, but considers that further improvements are possible and necessary.

— considers the principles of subsidiarity and proportionality, as well as the use of impact assessments, to be key aspects in promoting the emergence of a multilevel governance model in the EU and will be very beneficial for the economic development of the regions and the territorial cohesion of the European Union as a whole. It is recalled that the Treaty provides for decisions to be taken at the level that is closest to the general public, which is not always the level of central government. The principle of subsidiarity should thus be understood as the basis for a greater responsiveness to citizens' needs by all levels of governance and improved efficiency in decision-taking.

— believes that judgements by the European Court of Justice can impact heavily on local and regional authorities, for example in the field of public procurement, in ways that might not have been foreseen in the original legislation.

— finally the CoR is concerned also by the continuing tendency in Member States to complicate and over-elaborate the EU laws when it comes to their transposition into national legislation (‘goldplating’).

Rapporteur : Mr Lord Graham Tope (UK/ALDE), Member of London Borough of Sutton

Reference documents

Commission Working Document - Second progress report on the strategy for simplifying the regulatory environment

COM(2008) 33 final

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of Regions - Second strategic review of Better Regulation in the European Union

COM(2008) 32 final

Report from the Commission on subsidiarity and proportionality - (15th report on Better Lawmaking, 2007)

COM(2008) 586 final

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of Regions - Third strategic review of Better Regulation in the European Union

COM(2009) 15 final

Commission Working Document - Third progress report on the strategy for simplifying the regulatory environment

COM(2009) 17 final

I. GENERAL OBSERVATIONS

THE COMMITTEE OF THE REGIONS

1. continues to work together with the European Commission and the other EU institutions in order to successfully achieve better lawmaking at all levels in the EU in the true spirit of multi-level governance.

2. recognises that progress has been made in this field, and applauds the European Commission’s commitment to this task, which has delivered tangible results, but considers that further improvements are possible and necessary.

3. recalls the valuable input made by Ms Maij-Weggen on behalf of the CoR, as observer member to the ‘High Level Group on the Reduction of Administrative Burdens’; in this context, the CoR reiterated the fact that local and regional authorities and the CoR are the best placed to contribute to the improvement of the EU law making process, especially due to the significant part of the EU legislation implemented at local and regional level and its impact on the daily life of the citizens.

4. welcomes the European Commission’s greater openness in the preparation of new proposals and its consultation of interested parties, going beyond the EU institutions to include European representative associations of local and regional authorities, as well as its enthusiastic implementation of the ‘structured dialogue’ via the Committee of the Regions. It is important that consultative mechanisms are accessible and diverse in order to ensure that EU policy-making is informed of a broad and representative cross-section of European opinion, as this will lead to more balanced decision-taking and more effective implementation, particularly in cases where local and regional authorities are responsible for enforcing and applying EU provisions.

5. underlines that local and regional authorities hold exclusive and shared competences when providing public services and contributing to the social and economic development of their communities, therefore, their full participation in the early elaboration of EU law and its implementation on the ground are indispensable for the functioning of the democratic life of the EU.

6. considers the principles of subsidiarity and proportionality, as well as the use of impact assessments, to be key aspects in promoting the emergence of a multilevel governance model in the EU and will be very beneficial for the economic development of the regions and the territorial cohesion of the European Union as a whole. It is recalled that the Treaty provides for decisions to be taken at the level that is closest to the general public, which is not always the level of central government. The principle of subsidiarity should thus be understood as the basis for a greater responsiveness to citizens' needs by all levels of governance and improved efficiency in decision-taking.

7. reiterates its commitment to raising awareness with regard to subsidiarity. In this respect the Subsidiarity Monitoring Network is a useful tool, not only because of the partners' engagement in subsidiarity monitoring but also in view of its potential to act as a laboratory for the exchange of best practices in the application of subsidiarity and multilevel governance.

8. welcomes the efforts of the European Commission to observe the proportionality principle in the exercise of its legislative and regulatory powers by helping to repeal many legislative instruments through a large number of formal consolidation proposals. Notes that 48 simplification proposals have been finally approved by the co-legislators. It is important to note in this regard it is not merely the number of simplification proposals that is at issue, but also the genuine and practical reduction of the administrative burden.

9. believes that by testing the need for intervention at the EU level and by examining the potential impacts of a range of policy options, impact assessments should lead to improvements and simplification of the regulatory environment. An effective and sustainable ex ante measurement of new EU law is not only important in achieving a net reduction, but is essential in maintaining the administrative burden at a low level. CoR is concerned however, that subsequent amendments and modifications to legislative proposals by the European Parliament and Council can have far-reaching impacts on local and regional authorities that may not be fully anticipated by decision-takers.

10. believes that judgements by the European Court of Justice can impact heavily on local and regional authorities, for example in the field of public procurement, in ways that might not have been foreseen in the original legislation.

11. considers that if the EU is to be more transparent and responsive to public concerns, it is essential to frame Community legislation in such a way that it is understood by those for whom it is intended. The Committee therefore encourages the European Commission to make texts clearer, more coherent and unambiguous, in order to ensure effective and uniform application in all the Member States. This requirement is all the more important as the texts which are adopted finally are often the subject of compromises which cannot always be transposed easily into national laws.

12. in this regard, recognises also that most local and regional authorities, and their citizens, will be confronted not with EU law but by its transposed form in domestic legislation. Thus there is a need for all levels of governance to simplify, ensure coherence and explain new regulations and policy.

13. is concerned also by the continuing tendency in Member States to complicate and over-elaborate the EU laws when it comes to their transposition into national legislation (‘goldplating’).

14. finally, whilst there is understandably much emphasis on ex ante impact assessment, ex post evaluations comparing intended outcome to actual events should not be neglected as part of the wider better regulation effort. Most of the new proposals seek to amend or add to the existing Community acquis. As part of an ongoing – and necessary – process to keep legislation fit for purpose, it is important, when framing new proposals, to give due consideration to the valuable experience of local and regional authorities in the application of EU rules.

II. POLICY RECOMMENDATIONS

THE COMMITTEE OF THE REGIONS

Preparation of new laws: consultation

15. calls for local and regional authorities to be better involved by the EU institutions and the Member States in the preparation and finalisation of EU legislation, to a degree commensurate with their powers, so as to strengthen the democratic legitimacy of the decision-making process. The Committee would emphasise that such involvement is of particular interest for regions with legislative powers, bearing in mind their obligation to transpose EU legislation in their respective areas of competence. In this respect, the CoR is the best advocate for the regional and local authorities in their endeavour to be involved in the legislation process. The Committee of the Regions' members have hands-on experience and a detailed knowledge of local conditions, and are therefore best placed to assess the impact and effectiveness of legislation.

16. consultations are needed at all levels of decision-making, both at EU level and within Member States. The latter must have proper procedures for consultation with local and regional authorities.

17. notes the growing importance of the preparatory stage in the EU legislative process. By improving analysis and consultation in this early stage, the EU enhances its chances of creating effective legislation, which is then easier to implement in the differing situations existing in Member States.

Preparation of new laws: impact assessment

18. reiterates its commitment to contribute to the impact assessment of new legislative proposals having a major local and regional impact. Where new proposals seek to modify existing provisions, the impact assessment must reflect the findings of the evaluation, thereby establishing a direct link between the ex ante impact assessment and the ex post evaluation.

19. being aware that impact assessment is a lengthy and resource-intensive exercise, planning should be as forward-looking as possible, allowing a bilateral identification of priority dossiers on the basis of the Annual Policy Strategy and the Commission Work and Legislative Programme, perhaps in the framework of an annual technical discussion. In additional, European Commission directorates-general should be encouraged to approach the CoR directly when they feel that their impact assessment work needs to be enriched with data on the territorial repercussions of planned initiatives.

20. requests that impact assessments take into account regions with legislative powers and that Community arrangements implying the transfer of such powers to central government be avoided.

21. calls on the European Parliament and Council to better respect the 2003 Inter-institutional Agreement on better lawmaking when amending legislative proposals from the Commission in a way that introduces new administrative and financial burdens on local and regional authorities. Any review of the IIA should involve CoR and ESC.

22. is pleased to have been represented by Ms Maij-Weggen (EPP/NL) in requests that the High Level Group on the Reduction of Administrative Burdens. Suggests that the CoR be officially consulted by the European Commission on the findings of this group before the end of its mandate (August 2010), in order to allow the CoR to communicate the results to all EU regional and local authorities on the topics of their concern.

Implementation and transposition

23. welcomes the intention to reduce the unnecessary burden on SMEs and to reinforce the use of information technology; one of the objectives of simplifying the Union's regulatory environment should be to make legislation simpler and more effective, and thus more ‘user-oriented’.

24. recognises that better lawmaking means that the provisions in place must be subject to evaluation from time to time. Thus, all EU legislation must contain, as standard, provisions for evaluation so that all stakeholders can report on their experiences as regards the practical impact, enforcement and application of the measures concerned.

25. calls on regions with legislative powers to recognise that they could benefit significantly from playing a more pro-active role in the negotiation and transposition of EU law. Other types of regions and local authorities also have important roles to play. Further, the Committee urges the Member States to do their utmost to promote active involvement of this kind.

26. underlines that European territorial pacts, like the European Groupings of Territorial Cooperation (EGTC), would boost territorial coherence and the flexibility of policies with a high local impact. Being an instrument with legal personality and allowing partners to create a stable legal structure for territorial cooperation, EGTC will ensure a greater degree of multilevel governance and enhance better lawmaking on regional and local level all over Europe.

27. calls on Member States to raise their efforts to simplify national legislation and to adopt Community directives properly and swiftly. They should consult local and regional authorities as part of this process and take account of their proposals and initiatives.

28. calls again on national legislators to refrain from ‘goldplating’ in the transposition of EU law. In its reports on the correct and timely implementation of EU directives, the Commission could indicate which Member States have opted for more far-reaching national requirements.

29. underlines that the Commission and the Court of Justice should take into account the impact of the Court's judgements on regions and local authorities.

30. calls on the European Commission to define precisely the specific cases which correspond to public authority aid, by placing an emphasis on those issues and situations which lie within the remit of local and regional authorities.

Communications

31. calls on the European Commission to use a more citizens-oriented approach in presenting its better regulation agenda. Efforts and communication should prioritise the areas where citizens see greatest added value.

32. recommends using a clearer language when drafting directives: this would decrease the chances of misinterpretation which could lead to delayed or incorrect transposition.

33. recognises that national legislators and local and regional authorities, and their representative associations, have a role to play in better communicating the EU legislation and its transposition into the domestic law to those who have to implement them and to the ordinary citizen.