WRITTEN QUESTION E-3299/95 by Christoph Konrad (PPE) to the Commission (9 December 1995)

Subject: European Union deregulation policy

1. In the Commission's opinion, has deregulation policy a secure place in European policy?

2. Will the Commission designate a Commission Member who will be responsible for deregulation policy?

3. Will the Commission, in order to guarantee a dynamic and flexible labour market, withdraw the working hours directive and the directive on atypical work?

4. Will the Commission ensure that the complete review of existing Community law will be continued; that in European policy, consultation with commerce and industry will become a permanent institution, and will the European Council in future be regularly informed as to the progress made with deregulation policy?

5. Will the Commission seek to promote innovation and competitiveness by withdrawing the proposals on data protection and telemarketing?

6. Will the Commission seek to eliminate obstructions and cost-hindrances by amending Directive 84/360/EEC ((OJ L 188, 16.7.1984, p. 20. ))?

Reply by Mr Papoutsis on behalf of the Commission (4 March 1996)

1. Since the Edinburgh European Council, the Commission has followed a policy of re-examining existing legislation which has been the subject of several reports, including the recent 'Better law-making' ((CSE(95)580 of 22 November 1995. )) on the application of the subsidiarity and proportionality principles, on simplification and on codification, in which it describes the initiatives taken in 1995 and its priorities for 1996. It also adopted a position ((SEC(95)2121 final of 29 November 1995. )) in November 1995 on the proposals made in the report by the Molitor group ((COM(95)288 final of 21 June 1995. )). As part of the integrated programme in favour of small and medium-sized enterprises and the craft sector ((COM(94)207 final of 3 June 1994. )), it set up a committee for the improvement and simplification of the environment for enterprises. The work of this committee has already started, with a forum being held in Paris in June 1995 on the requisite conditions for a successful policy of simplification, discussions focusing on the start-up phase of an enterprise. In addition, the Commission approved on 16 January 1996 the general guidelines for legislative policy ((SEC(95)2255 of 16 January 1996. )), which reaffirm and condense existing instructions with a view to ensuring the quality and consistency of texts, guaranteeing an open, planned and coordinated drafting process and reinforcing monitoring and assessment.

2. The Commission keeps a close eye on the application and development of the above-mentioned general guidelines, the implementation of which is the responsibility of each Member of the Commission, and in particular the Member whose responsibilities include the Commission's general enterprise policy.

3. The Commission has no intention of proposing that the Directives on working hours and atypical work be rescinded. It considers these Directives to be indispensable in creating a minimum legal framework for health and safety in labour law in the internal market. These Directives do, moreover, allow the Member States considerable leeway. The working hours directive, for example, authorises working hours of up to 12 hours, provided that adequate breaks are observed.

4. The process of reviewing existing legislation is an ongoing one. As the 'Better law-making' report pointed out, the Commission will conduct the examination of Community law within the framework set out in the presentation of the 'Brussels programme' in December 1993 and in strict compliance with the body of Community law ('acquis communautaire').

The Commission will, as in the past, continue to regularly consult the representative organisations and circles concerned both in drawing up proposals for legislation and in revising existing texts. As is borne out by the increasing number of Green and White Papers presented by the Commission, the practice of open consultation is one of the cornerstones of the Commission's legislative policy. The consultation of economic operators is already current practice. For example, national and European organisations representing small and medium-sized enterprises have been invited to give their opinion on the transposition of the recommendations in the Molitor report and to submit their proposals.

The Commission will continue to ensure that it informs the European Council through its annual report about progress on initiatives in the field of adapting and codifying existing legislation, as indicated in the 'Better law-making' report.

5. The Commission has no intention of withdrawing its proposal on telemarketing, which aims to provide the legal framework required for the development of all forms of tele-sales, particularly those associated with new technologies.

Likewise, the Commission has no intention of proposing that the directive on the protection of personal data ((Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data. OJ L 281 of 23 November 1995. )) be rescinded, since this forms an integral part of the internal market and has just been adopted by the Parliament and the Council.

6. With a view to reducing the burden on enterprises, the Commission has adopted a proposal for a Council Directive concerning integrated pollution prevention and control ((Proposal for a Council Directive concerning integrated pollution prevention and control. COM(95)88 final. )), which is intended to replace Directive 84/360/EEC.