WRITTEN QUESTION E-0703/02

by Philip Bushill-Matthews (PPE-DE), Jonathan Evans (PPE-DE),Robert Goodwill (PPE-DE), Roger Helmer (PPE-DE), Neil Parish (PPE-DE)and Charles Tannock (PPE-DE) to the Commission

(13 March 2002)

Subject: The utility of the Commission's impact assessments, with particular reference to the Physical Agents (Vibrations) Directive

In answer to Written Question E-3212/01(1) on the Business Impact Assessment for the Physical Agents (Vibrations) Directive, the Commission replied as follows:

When submitting its Proposal for a Council Directive on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents(2) the Commission drew up an impact assessment, based on a specific impact study for each physical agent included in the Proposal, on the activities of small and medium-sized enterprises, and this included the estimated costs which would arise from implementing the Directive

The impact assessment referred to in that answer is found on pages 70-74 of COM(92) 560 final SYN 449. The only estimate given of the financial costs of the Directive to companies (without knowing how many workers would exercise their right to equipment and training) is that of half a man-day per year found on page 72. No attempt is made to indicate how this figure has been arrived at, nor is there any indication of how many workers would be affected in each Member State or the total cost to each Member State (whatever the distribution of total cost between firms and the public authorities) or the EU as a whole.

The Impact Assessment was prepared by the Tripartite Advisory Commission on Safety, Hygiene and Health Protection at Work, the Safety and Health Commission for Mining and other Extractive Industries, specialist independent and national experts (who may or may not have had accounting and business skills) and a group of specialists regarding the socio-economic impact of the proposal.

The Directive is now going through Conciliation. There are claims that this Directive may cost billions of euros in each of the larger states alone. The Council have repeatedly called for proper Business Impact Assessments to be carried-out when a Directive will have a noticeable financial cost to business. Does the Commission believe that its Impact Assessment on the Physical Agents (Vibrations) Directive is remotely adequate or consistent with the Lisbon declarations, and, if not, will it urgently undertake a new and comprehensive Impact Assessment study? Will it also ensure that in future all Impact Assessments on the financial costs to business are assessed by independent business experts and contain detailed estimates of the costs of a Directive to each Member State and to the individual economic sectors most affected?

(1) OJ C 147 E, 20.6.2002, p. 132.

(2) OJ C 77, 18.3.1993.

Answer given by Mrs Diamantopoulou on behalf of the Commission

(23 April 2002)

As explained in the answer to Written Question E-3212/01 by Mr Bowis and others(1), the Impact Assessment for the Proposal for a Council Directive on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents was based on an

impact study specifying the impact for each physical agent. This study was primarily based on the situation in Germany and its findings were found valid for the whole Union by an expert group composed of specialists from all Member States both in physical agents and impact assessment.

A copy of this study is sent direct to the Honourable Members and to the Parliament's Secretariat.

The Commission is of the opinion that this impact assessment study is still valid for all the physical agents treated therein.

Concerning the general question about the assessment of costs to business, the Honourable Members are certainly aware that the Commission has a business impact assessment (BIA) system in place since 1986, which applies to all legislative proposals likely to have significant impact on business. Further to a number of identified shortcomings, including an unsatisfactory level of quantification of costs to business, the BIA system has recently been reviewed in a pilot project. The conclusions of the BIA pilot project, which were presented in March 2002(2) not only include recommendations on how to improve the assessment of impacts of legislation on business, including how to collect and validate data, but also on success factors for a new, coherent impact assessment methodology in the Commission, as outlined in the Communication to the Laeken European Council (14 and 15 December 2001) on simplifying and improving the regulatory environment(3). As part of its wider efforts in the field of better regulation, such a new impact assessment system, incorporating social, environmental, health and economic impacts, including business ones, will be presented in the form of a Communication, alongside the upcoming action plan for simplifying and improving the regulatory environment, foreseen for June 2002.

These developments testify that the Commission is not only highly committed to continue to assess, in a proportionate manner, the costs and benefits of proposed regulatory measures on all affected parties, including business but is also about to conclude the adaptation of its overall impact assessment strategy in the light of the Lisbon strategy and the conclusions of the Gothenburg European Council (15 and 16 June 2001).

(1) OJ C 147 E, 20.6.2002, p. 132.

(2) Available at http://europa.eu.int/comm/enterprise/regulation/bia/ppbia_en.htm.

(3) COM(2001) 726 final.