WRITTEN QUESTION E-3687/98

by Michl Ebner (PPE) to the Commission

(7 December 1998)

Subject: EU directives laying down rules for the catering trade

The Confederation of National Hotel and Restaurant Associations in the European Community (HOTREC) has recently published a booklet on 150 EU measures concerning hotels, restaurants and cafés. It analyses in detail the more than 150 directives which have either been proposed or have already been adopted by the European Union which concern everyday activities in hotels, restaurants and cafés in Europe.

In recent years there has been such a sharp increase in the number of EU directives covering this area that it is questionable whether the establishments affected are in a position to comply with them or implement them.

Given that there are some 150 EU directives affecting the catering trade and that it is very difficult for the businesses affected to comply with such a large number of rules, can the Commission say whether it intends to reduce the large number of directives and make them more efficient, for example by systematically taking measures through other than legislative means?

Answer given by Mr Papoutsis on behalf of the Commission

(29 January 1999)

The Commission communication "Simpler legislation for better action: The facts"(1) demonstrates that the number of Commission proposals is going down, in particular the number of legislative proposals. There were 16 proposals for legislation in 1997, against 60 proposals in 1990. Improved consultation processes provide for clearer, simpler and more accessible legal acts. Subsidiarity and proportionality, editorial quality, simplification(2), codification, amendment and consolidation as well as improved access to information, effective transposition and shared responsibility are the guidelines of the future legislative action of the Commission.

In its report "Subsidiarity and proportionality - A responsibility to be shared"(3) presented to the recent European Council in Vienna (11/12 December 1998), and which has been provided also to the Parliament, the Commission presents a complete analysis of the principles of subsidiarity and proportionality, and demonstrates how these principles are put into practice. In its analysis of proposals made by the Commission, the report points out that 35 % of proposals derive from international agreements, between 25 % and 30 % of proposals are concerned with adaptation of existing Community law, 20 % of proposals are a response to specific requests of other Community institutions, Member States, and business interests, and 10 % are related to instruments to be adopted under the Treaties, for example, agricultural prices and multi-annual research programmes. The report points out also that the Commission regularly reviews outstanding proposals that are no longer necessary and that 70 such proposals are due to be withdrawn.

As for the publication mentioned by the Honourable Member, the Commission notes that most of the measures identified as affecting the hotel, restaurant and café sector refer to businesses generally, and that the list of measures includes not only legislation but also policy papers, studies, and Community programmes some of which benefit the sector. As far as enterprise policy is concerned, the Commission systematically takes account of the implications of specific legislative proposals for small and medium sized enterprises (SMEs)(4), and in its Action plan on promoting entrepreneurship and competitiveness(5) the Commission has indicated its intention to strengthen the existing business impact assessment system set up for that purpose.

(1) COM(98) 345 final.

(2) SLIM: Simpler legislation for the internal market. BEST: Business environment simplification Task Force.

(3) COM(98) 1786.

(4) Improving the quality of legislation for business - The European Commission Business impact assessment system, Brussels 1997, DG XXIII.

(5) COM(98) 550 final.