Better lawmaking 1997 - Commission report to the European Council
Date: 1997-11-26
Institutions: European Commission
Subjects: EU law, application of EU law, member country, national implementing measure, report

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 26.11.1997 
COM(97) 626  final 

BETTER LAWMAKING 1997 

COMMISSION REPORT TO THE EUROPEAN  COUNCIL 

CONTENTS 

INTRODUCTION 

I. PREPARATION OF LEGISLATIVE PROPOSALS 

1. Commission initiative on legislation: overview 

2. Subsidiarity/proportionality 

3. Consultation 

4. Drafting quality of Community legislation 

H. REVISION OF EXISTING LEGISLATION 

1. Simplification 

2. Formal consolidation, informal consolidation and recasting 

HI. ACCESS TO INFORMATION ON COMMUNITY LAW 

CONCLUSIONS 

1 

2 

2 

3 

5 

6 

6 

6 

7 

8 

9 

A&-

ANNEX I 

ANNEX II 

ANNEX III 

ANNEX IV 

ANNEX V 
ANNEX VI 

Proposals for new legislation as a proportion of all Commission 
proposals since 1990 
Formal  proposals  and  other  Commission  discussion  and 
consultation documents 
Total  number  of  draft  technical  regulations  notified  by  the 
Member States 
Commission  reactions to  draft  technical  regulations  notified  in 
1996 
Progress on simplification 
Progress on consolidation  since the  1992 Edinburgh European 
Council 

INTRODUCTION 

The purpose of this annual report  to the European Council1 is to describe the action 
taken by the Commission to help the Community achieve "better lawmaking". It shows 
that  the considerable  effort  made by the  Commission  since the Edinburgh  European 
Council has borne fruit  and confirms that it was right in its approach of doing less but 
doing it better,  consulting interested  parties more extensively,  improving the  drafting 
quality  of its texts,  simplifying  and  consolidating  existing  legislation,  and  seeking  to 
provide  easier  access  to  Community  law.  The  Commission  is  equipping  itself  to 
continue  work  in  this  direction  through  major  internal  reform  initiatives  such  as 
MAP 20002 and SEM 2000.3 

Better lawmaking is not only a matter for the Commission. It also concerns Parliament 
and  the  Council,  the  two  institutions  which  share joint  responsibility  for  adopting 
Community legislation.  This implies that the objectives  pursued  should be consistent. 
Reality,  however,  does  not  always  match  the  ideal.  Experience  shows  that  where 
unanimity is required in the Council -  and sometimes in other cases too -  the need to 
find a  compromise  acceptable  to  all  frequently  tends  to  make  the  original  proposal 
more complex. The changes made to texts on the basis of amendments adopted by the 
European  Parliament  may  not  necessarily  enhance  their  simplicity  or  readability. 
Proposals  for  simplification  and  formal  consolidation  also  tend  to  get  stuck  at  the 
proposal stage for a long time. 

The  Member  States,  for  their  part,  must  endeavour  to  implement  Community  law 
effectively.  Today - five years after  the  1992 deadline -  nearly 25% of the measures 
relating to the  single market  have not  yet  been  implemented  by the Member  States. 
The situation is much the same in the area of the environment,  for  instance.  It is not 
just  a matter of Member States taking steps to transpose  Community legislation;  the 
measures they adopt must comply with the Community requirements and they must be 
correctly applied. 

In this  context,  the  Commission  also  realises that  better  lawmaking  means  adopting 
texts at Community level that are easy to transpose and to apply at national level. 

The  Member  States,  too,  have  a  heavy  responsibility  in  terms  of  the  quantity  and 
quality of the legislation  they  adopt.  Their legislative  output  remains  substantial  and 

1  This  report  is  in  response  to  the  requests  made  by  the  Edinburgh  European  Council  in 
December 1992 and  subsequent  European  Councils, and  to the  Interinstitutional  Agreement  of 
29 October 1993 on the application  of the principle  of subsidiarity  (Bull. EC  10-1993, p.  128). 
After  the first  reports in  1993 (COM (93)545) and  1994 (COM (94) 533), the Commission took 
the view that the report's  scope should be extended to cover all  action aimed  at  improving the 
quality  of  legislation  ("Better  lawmaking").  This  approach  was  approved  by  the  European 
Council. As a result "Better lawmaking" reports were presented in 1995 (CSE (95)580) and 1996 
(CSE (96) 7). "Better lawmaking 1997" continues along the same path. 

2  MAP 2000 - Modernisation of Administration and Personnel Policy for the year 2000. 
3 

SEM  2000  phase  II  (developing  better  internal  financial  management,  SEC  (95)  1301)  and 
SEM 2000 phase III (better financial  coordination between departments  in the Commission and 
the Member States, SEC (97)1060, transmitted on 28 May 1997). 

1C 

complex, with the risk of causing fragmentation of the  market.  The Member  States 
therefore have to play an active part in the process of better lawmaking. 

L PREPARATION OF LEGISLATIVE PROPOSALS 

1. Commission initiative on legislation: overview 

Formal proposals 

Since the beginning of the  1990s the number of proposals for new legislation has been 
in  steep  decline,  even  though  the  overall  volume  of  proposals  shows  only  a  small 
reduction  (Annex  I).  This  trend  has  been  reinforced  by  the  present  Commission's 
determination, ever since it took office  in 1995, to do less but to do it better, in other 
words to concentrate on its political priorities.  Closer European integration does not 
necessarily mean more legislation. The results achieved by the Commission show that 
it is possible. 

This downward trend  is due partly to observance of the principle of subsidiarity, but 
also to completion of the programme set out in the  1985 White Paper on the internal 
market  and,  more  generally,  to  the  diversification  of  the  instruments  used  for 
integration  (for  example,  new  measures,  including  non-legislative  instruments,  on 
employment,  the  single  currency  or  the  new  action  plan  for  the  single  market). 
However, the Commission, as the institution with the right of initiative, must act where 
action is required (especially as, in such cases, Community-level action can sometimes 
save  the  need  for  a  large  number  of  piecemeal  national  measures).  With  the 
implementation  of "Agenda 2000",4 it is not  surprising that the programme for  1998 
should involve some increase in the number of proposals for new legislation, especially 
as regards the Structural Funds and the common agricultural policy. 

The table in Annex II shows the breakdown of formal  proposals which, leaving aside 
new  legislative  initiatives,  concern  legislation  on  external  relations,  the  revision  of 
existing  legislation,  acts relating to  the  continuation  of  measures  already  under way 
and implementing measures. The Commission is under  an obligation tp take  some of 
these  measures,  either  as  a  direct  consequence  of  international  undertakings,  under 
existing Community law or in response to legitimate requests by other institutions or 
the Member States. As regards implementing measures, many are due to the fact that 
the Community legislator sometimes reserves implementing powers to itself, usually as 
a  result  of  disagreement  over  how  these  powers  should  be  assigned  to  the 
Commission. Proposals of this type, which place a heavy workload on the Council and 
Parliament,  could  in  future  be  usefully  replaced  by  measures  to  be  taken  by  the 
Commission with the assistance of committees. 

COM (97)2000, transmitted on 16 July 1997. 

As regards technical regulations, the Member States are the major producers and here 
there is a marked upward trend (see Annexes III and IV). 

Lastly  the  Commission  is  constantly  seeking  to  eliminate  any  proposal  that  is 
unnecessary or no longer relevant. Each year it withdraws proposals that are outdated* 
61 in 1995, 48 in 1996, and about 30 in 1997. 

Documents for discussion and consultation and reports 

As  is  shown  in  Annex II,  each  year  the  Commission  produces  a  great  quantity  of 
discussion  papers  and  documents  for  discussion  and  consultation  and  reports.  The 
purpose  of  discussion  and  consultation  documents  (Green  or  White  Papers,  certain 
communications)  is  to  foster  discussion  with  all  interested  parties  so  that  the 
appropriate course of action can be decided (see 3 below).  Reports, which constitute 
the  bulk  of  such  documents  (50%)  are  generally  a  response  to  requests  from 
Parliament and the Council contained in most cases in legislative provisions.  There is a 
case for simplifying, or even rationalising these obligations. 

2. Subsidiarity/proportionality 

Subsidiarity  and proportionality  are the guiding principles for  measures  proposed by 
the  Commission.  It  has  always  observed  the  guidelines  for  implementing  these 
principles (defined  by the Edinburgh European Council, largely on the Commission's 
initiative). These are now incorporated  in a protocol to be annexed to the EC Treaty 
under the Treaty of Amsterdam. 

Subsidiarity 

In accordance with Article 3b EC, the Commission continues to concentrate on taking 
action where this is necessary and offers the most effective way of achieving objectives 
for which action at national level is not  sufficient.  Systematic individual evaluation is 
carried out whenever action is envisaged. 

The Commission's efforts  have borne fruit. Proposals for new legislation5 number just 
7, of which 46 are in areas of exclusive Community competence, where the principle of 
subsidiarity  does not  apply.  There are therefore  only 37 proposals in areas of shared 
competence. In these cases, the Commission has set out the reasons for  its choice in 
the explanatory memorandum. 

5  New legislative initiatives are set out in the Commission's annual work programme. 
6 

Surveillance  of  national  budgetary  positions  (COM(97)  305  and  306,  transmitted  on 
10 June 1997;  motor  vehicle  civil  liability  insurance  (COM(97)  510,  transmitted  on 
3 October 1997);  legal protection of conditional access services (telecommunications) (COM(97) 
356, transmitted  on  2 October 1997);  research  and  technological  development  (COM(97)  142, 
transmitted on 1 April 1997). 

7  Voluntary  service  for  young  people  (COM(96)  610,  transmitted  on  18  November  1997);  air 
road  transport: 
crew  training  (COM(97)  382,  transmitted  on  22 July 1997); 

transport: 
admission to occupation (COM(97) 25, transmited on 27 January 1997). 

The  Commission  has also  chosen,  in parallel,  to  recommend  alternative  solutions  to 
legislation, such as agreements negotiated with industry in the field of the environment. 
The  Council  and  Parliament  have  approved  the  Commission's  approach  in  recent 
resolutions.8 

In  other  cases  accession  to  international  agreements  makes  it  possible  to  integrate 
these agreements themselves, or the decisions implementing them, in the Community 
legal order and, where appropriate, to make them directly applicable;  in other words, 
the objectives of the action «envisaged can sometimes be better achieved at international 
level rather than simply at Community or national level ("upwards" application  of the 
principle of subsidiarity). This is the case with the proposal on technical standards for 
motor vehicles, currently under discussion in the Council.9 

Proportionality 

Examples show how the Commission goes about  complying with the proportionality 
principle. 

The Commission is very careful  over its choice of instrument:  it is making increasing 
use of directives which simply lay down general principles10 or directives confined  to 
setting  out  essential  common  measures.11  Of  course,  care  is  needed  -  in  particular 
through dialogue with national institutions -  to ensure that such directives do not open 
the way to disparities in national legislation. The Commission is nevertheless convinced 
that  they are a useful  instrument  for  ensuring  that  the  principle  of proportionality is 
observed.  This is the  approach  confirmed  by the  protocol  to  be  annexed  to  the EC 
Treaty under the Treaty of Amsterdam. 

Assessing  the  impact  of  proposals  can  also  help  in  checking  to  ensure  that 
proportionality  is  properly  taken  into  account.  This  is  a  delicate  task,  witness  the 
contrasting  findings  arrived  at  by  the  Member  States  and  the  differences  in 
methodology observed. However progress has been made on this  front. 

As regards the single market in particular, the action plan adopted by the Amsterdam 
European  Council12 includes plans to consult  a European  business panel (comprising 
small and medium-sized  businesses) to  assess the cost  and  administrative  burden  for 
businesses  of  proposed  new  legislation.  The  Commission  will  set  up  the  panel  and 
launch some pilot projects in the course of 1998. 

8  Council resolution of 7.10.1997 (OJ C 321; 22.10.1997, p.6) and European Parliament resolution 

of 17.7.1997 (OJ C 286, 22.9.1997). 

9  Proposal  for  a  Decision  with  a view  to  accession  by  the  European  Community  to  the  United 
Nations  Economic  Commission  for  Europe  Agreement  concerning  the  adoption  of  uniform 
technical  requirements  for  the  approval  of  motor  vehicles  (COM(95)  723,  transmitted  on 
12 January 1996). 

10  Such proposals  for  directives  were  adopted  in  the  areas  of  water  policy  (COM(97)  49),  VAT 
applied  to telecommunications  services  (COM(97) 4)  and  the transport  of dangerous  goods by 
waterway (COM(97) 367). 

11  As in the field of energy product taxation (COM(97) 30) or airport taxes (COM(97) 154). 
12  CSE (97) 1, transmitted on 9 June 1997. 

3. Consultation 

Consultation, which the Commission makes wide use of when drawing up proposals, is 
intended to provide greater openness and participation. Consultation -  as wide-ranging 
as possible -  enables it to exercise its choice having regard to the Community interest 
and in the full knowledge of the views of the operators concerned, without shirking its 
responsibilities. 

The  Commission  undertook  last  year  to  make  its  Green  and  White  Papers  more 
homogenous and better targeted. The list13 for this year shows that it has achieved its 
objective. Their publication on the Internet has also made them more accessible. 

These two types of document have proved their value. One example worth quoting is 
the Green Paper on copyright.14 By the end of the year, the Commission will adopt a 
proposal taking account of a very large number of observations received following the 
its publication. The Commission hopes that other documents of this kind, such as the 
Green Paper on the general principles of food law,15 will have the same impact. 

Besides  bringing  out  Green  or  White  Papers,  the  Commission  seeks  consultation 
through communications, as in the area of competition, where it plans to introduce the 
decentralised  application  of  Articles  85  and  86  EC,  which  will  allow  tasks  to  be 
divided better between the Member States and the Community.16 

A widespread network of advisory committees of professionals in the fields concerned 
and expert groups contributes towards effective consultation. These include around ten 
scientific  committees  made  up  of  independent  experts  which  have  recently  been 
reorganised. Their opinions are now published on the Internet. 

The  Commission  also  keeps  up  a  constant  dialogue  with  interest  groups,  which 
participate constructively in its work, especially in the drafting  of technical rules. The 
directory  which  the  Commission  published  in  January  1997  covers  some  600 
organisations.  The  Commission  pursues  a  policy  of  granting  these  interest  groups 
equal treatment. 

Lastly, this year saw further  progress in the application of the procedure set out in the 
agreement on social policy, which is concerned with the legislative implementation of 
the results of consultation with the social partners.17 

13  Green Papers on: competition policy and vertical restrictions, partnership for a new organisation 
of work, supplementary retirement pension in the single market, the Community patent, and food 
legislation. White Paper on sectors and activities outside the scope of the working time Directive. 

14  COM (95) 382, transmitted on 27 July 1995. 
15  COM (97) 176, transmitted on 13 May 1997. 
16  Commission notice on cooperation between national competition authorities and the Commission 
in  handling  cases falling  within  the  scope of Articles 85 and  86 of the EC Treaty  (C  3019 of 
10.10.1997). 

17  The  framework  agreement  on  part-time  working  was  embodied  in  a  Commission  proposal 
(COM(97) 392, transmitted on  14 July 1997). Similarly, the social partners have been consulted 
on the prevention of sexual harassment and on informing  and consulting workers in the national 
framework. 

4. Drafting quality of Community legislation 

Community  legislation  needs to  be worded  clearly,  consistently  and  unambiguously, 
following uniform principles of presentation and legal drafting.  All the institutions have 
taken  steps  in  this  direction  in  recent  years.  The  Council,  for  instance,  adopted  a 
Resolution on the quality of drafting of Community legislation.18 

The  Commission  devotes  a  large  part  of  the  "General  guidelines  for  legislative 
policy"19 which it adopted in 1996 to the quality of drafting.  This year, the Legislative 
Drafting  manual  has been updated  to  guide  Commission  departments  when  drafting 
legislative proposals and other legal instruments. It has also started  on improving the 
layout  and  processing  of  legislative  documents  to  make  it  easier  to  publish  them 
electronically (SEI-LEG project). 

Even if all the institutions follow this lead, it still has to be done in a consistent manner. 
For this reason a declaration was annexed to the final act of the Treaty of Amsterdam 
asking  the  European  Parliament,  the  Council  and  the  Commission  to  adopt,  by 
common agreement, guidelines to improve the drafting  quality of legislation. The legal 
services of the three institutions are already working in consultation with one another. 
The  Commission  thus  hopes  to  produce  a  set  of  common  rules  on  the  quality  of 
legislation. 

I I.  REVISION OF EXISTING LEGISLATION 

1. Simplification 

The  Commission  has  continued,  consistently  and  without  neglecting  any  sector,  the 
simplification  work  begun  following  the  Edinburgh  (1992)  and  Brussels  (1993) 
European  Councils.  This year  it  presented  10 proposals  in  the  areas  of  agriculture, 
competition,  energy,  the  environment,  taxation,  industrial  products,  recognition  of 
diplomas, statistics and telecommunications. It also took  1  decision on simplification in 
the field of statistics. 

Some examples will illustrate the simplification approach followed by the Commission. 
In  the  very  complex field of water,  it  proposed  a framework  directive20  which will 
ensure  greater  consistency  and  repealed  6  legislative  acts.  In  the field of  scientific 
research, the Commission presented a draft  decision to harmonise and simplify  access 
and  implementation  of  all  the  research  programmes  under  the  5th  framework 
programme.21 

18  Resolution of 8 June 1993 (OJ C 166, 17.6.1993). 
19  Bull.1/2 1996, point 1.10.11. 
20  COM (94) 49, transmitted on 15 April 1997. 
2 ]  Proposal on rules for participation in Community R&TD and for dissemination of research results 

(Article 130j EC). 

A  table  giving  an  overview  of  all  the  simplification  work  undertaken  by  the 
Commission since the Brussels European Council and summarising the state of play of 
work in the Council and Parliament is contained in Annex V. 

The Amsterdam European Council in June 1997 reinforced this approach by giving an 
impetus allowing the Commission to launch two large-scale initiatives: 

-  the  action plan for  the  single market proposes  a  rolling  simplification 
programme,  incorporating  in particular  the innovative  method  begun  in  1996 
with  SLIM (simplifying  legislation  relating to  the internal  market),  and  other 
existing methods of simplification.  Simplification  thus forms  an essential pillar 
of  the  single  market,  allowing  better  application  and  transposition  of 
Community law. This year a second phase of SLIM was launched in relation to 
VAT,  the  combined  nomenclature  for  external  trade,  banking  services  and 
fertilisers.  A third phase is due to be launched in January 1998 and a fourth in 
May,  in  line  with  the  action  plan  for  the  single  market.  It  is  important  for 
Parliament  and the  Council to  adopt the Commission's  proposals in this area 
quickly,  so  as not  to  hamper the  smooth  running  of the  single market.  The 
action  plan  also  encourages  the  Member  States  to  match  this  exercise  with 
initiatives for  simplification  at national level. They reported on this issue to the 
Council (Internal market) on 27 November. 

-  the  Commission  set  up  the  "Business Environment Simplification Task 
Force" (BEST),22 which was given the task of identifying the factors acting as 
a  legislative  or  administrative  brake  on  small  businesses.  The  Task  Force, 
comprising  independent  experts from the Member  States,  will  help  to  better 
define  the  conditions  in  which  such  firms  can  prosper  and  develop.  These 
indications will be useful  both for the Community and for the Member States. 
BEST, which started work in October,  presented  an interim report  which the 
Commission  sent  to  the  European  Council  on  employment  held  on  21  and 
22 November. A final report will be submitted to the Commission in May 1998, 
on  the  basis  of  which  it  will  formulate  comments  for  the  Cardiff  European 
Council. 

2. Formal consolidation, informal consolidation and recastine 

Formal consolidation is u major task from the technical point of view, bearing in mind 
the number of amendments that  have been made to  many legislative instruments and 
the constraints  of multilingualism.  Account  also has to  be taken  of the  fact  that  the 
legislation to be consolidated is constantly changing, which complicates the process. 

The Commission is continuing its efforts  (see state of progress in Annex VI). By the 
end  of  1997,  new  proposals  for  formal  consolidation  will  have  been  presented  to 

22  SEC (97) 1697. 

Parliament and the Council23 involving the repeal of some 61 pieces of legislation. The 
Commission has already identified the sectors where a special effort  is needed between 
1998  and  2000:  labelling  of  foodstuffs,  pharmaceuticals,  safety  at  work,  customs, 
indirect taxation and agriculture. 

In  parallel  with  the  complex  task  of  formal  consolidation,  the  Commission  is 
undertaking  informal  consolidation  for  information  purposes  in  order  to  meet  the 
wishes of operators. This has no legal effect  but is very useful  for all the "consumers" 
of  Community  law.  From  1995  to  October  1997  more  than  310  basic  pieces  of 
legislation  have  been  consolidated,  which  involved  processing  some  2500  different 
texts,  each in 9 or  11 language versions.  Since  1 July  1997 these texts  are gradually 
being  loaded  on  to  the  interinstitutional  server  "Europa",  where  they  are  accessible 
free  of charge via the Internet (see III below). 

The technique  of  recasting is used  where amendments  are made to  a piece of basic 
legislation. It involves adopting a new act and repealing the old basic act. This is the 
best solution to ensure constant clarity of legislation and could offer  an alternative to 
formal  consolidation.  The Commission would  point  out  that  more  systematic use of 
recasting  is  conditional  on  the  signature  of  an  interinstitutional  agreement  with  the 
European  Parliament  and the Council.  Preparatory  technical  discussions  have begun 
between  the  legal  services  of  the  institutions.  The  Commission  hopes  that  the 
European Council will call on the institutions to speed up the work under way. 

m. ACCESS TO INFORMATION ON COMMUNITY LAW 

Access to  information  on  Community  law is  essential  for  businesses  and  individuals 
who  wish  to  benefit  fully  from  the  opportunities  offered  by  the  single  market  and 
Community  policies.  The  Commission  intends  to  take  every  opportunity  offered  by 
new  information  technology,  especially  the  Internet,  to  achieve  this  goal.  This  is  a 
genuine revolution as regards the means of accessing Community law. 

The interinstitutional  server Europa on the Internet  is intended to  serve as a support 
for many initiatives in this direction, in particular: 

-  the "Citizens First" priority action, the aim of which is to inform people of 
their  rights.24  The  second  phase  of  this  operation  will  be  launched  in 
December 1997. 

-  a  project  to  facilitate  access  to  Community  law.  It  is  already  possible  to 
consult  recent judgments by the Court  of Justice and legislation that has been 

23 

In  particular  the  proposals  on fishing  in  the  Baltic,  the  financing  of the  common  agricultural 
policy, harmful  organisms, the Community's own resources and collective dismissals (amended 
proposal for formal consolidation). 

24  Working in another country of the European Union; residing in another country of the European 
Union;  studying, training and carrying out research  in another country of the European Union; 
buying goods and services inside the single market; travelling to another country of the European 
Union; equal rights and opportunities for men and women in the European Union. 

Consolidated. From January  1998 this will also gradually become  possible  for 
Community legislation in force  and the Official  L and C series  of the  Official 
Journal as issues appear; 

-  a scheme for an "information  shop", planned for July  1998 under the action 
plan for the internal market, to offer  information  on all Community regulations 
that have an impact on businesses. 

With the same aim of improving information, the Commission has published a number 
of  practical  guides25  spelling  out  the  conditions  attaching  to  the  application  of 
Community legislation. 

CONCLUSIONS 

The conclusions of this report are as follows: 

in the space of a few years the Commission has taken a substantial number of 
initiatives  to  improve  the  quality  of  Community  lawmaking,  simplify  and 
consolidate  existing  legislation,  and  improve  access  to  information  on 
Community law. The process is well under way and  a new legislative  culture 
has been established; 

this action is steadily intensifying  and major  developments  are  in  store  in the 
future,  as  shown,  for  instance, by the action plan for  the internal  market  and 
BEST.  Tried  and  tested  methods  have  been  put  in  place.  The  Commission 
hopes  that  the  conference  which  the  UK  Presidency  plans  to  hold  in 
March 1998 will enable further follow-up action; 

these  initiatives  will  not,  however,  have  the  desired  effect  unless  the  other 
institutions  give  stronger  support;  the  responsibility  rests  with  them,  for 
example, to  adopt the large number of pending proposals for  simplification  or 
formal consolidation; 

the Member States have a major role to play in this area. As the main authors 
of legislation, it is for them at national level to match the effort  being made at 
Community level; 

when the Member States ask the Commission to present proposals, they should 
carry out a prior assessment in the light of the principles of "better lawmaking". 

Improving  the  quality  of  legislation,  as  the  European  Council  underlined  in 
Amsterdam,  must  continue  to  be a political  priority  for  the European  Union  and  its 
Member States.  It is important not to underestimate the value of "better lawmaking" 

25  See,  for  example,  the  guides  already  published  or  in  the  course  of  publication  on  technical 
regulations, low-voltage electrical current, electromagnetic compatibility, the health and safety of 
pregnant women at work and the rules on the production, marketing and  import of products of 
animal origin for human consumption. 

for enhancing people's perception of Europe, boosting the competitiveness of business 
and industry, and smoothing the path to enlargement. 

At 

10 

PROPOSALS FOR NEW LEGISLATION AS A PROPORTION OF ALL COMMISSION PROPOSALS SINCE 1990 

ANNEX I 

800 

700 

6004 

1990 

1991 

1992 

1993 

1994 

1995 

1996 

1997* 

1998" 

i Proposals for new legislation  D Other proposals 

"Situation at 10/11/1997 

*  forecasts 

ANNEX II 

COMMISSION INITIATIVES IN 1997** 

FORMAL PROPOSALS 

I  Continuation of 

measures 
already under way: 
34 
(10%) 

I New legislation: 7* 
(2%) 

Revision 
I 
of legislation: 23 
(7%) 

D  International 
relations: 183 
(55%) 

D  Implementing 
measures: 88 
(26%) 

' Proposals for  new legislation are set out in the Commission's annual  programme 

DISCUSSION, CONSULTATION AND  REPORTS 

D  Working 
papers: 7 
3% 

a Green/White 
Papers: 6 

3% 

I Reports: 116 
50% 

I Communications: 
103 
44% 

* * Situation  at  10/11/1997 

Source : APC database,  which covers all Commission proposals  and indicates the different procedural  stages 

A'I 

Total number of draft technical regulations notified by the Member States 
(Drafts of technical specifications for products notified under Directive 83/189/EEC) 

ANNEX III 

Q Notifications (not including transposai 

measures notified) 

B Opinions on drafts which could be in 

breach of Community  law 

* These figures do not include the 230 
notifications - made in  1997 - of rules adopted in 
recent years by the Netherlands in breach of 
Community law  (see judgment  of the Court of 
Justice in CIA Security International SA - Case C 
194/94) 

1993 

1994 

1995 

1996 

1997 (projection) 

Commission reactions to draft technical regulations notified in 1996 
(Drafts of technical specifications  for products,  notified under Directive  83/189/EEC) 

ANNEX IV 

600 

Drafts notified to the Commission 

Comments 

Opinions 

In abeyance 

Comments are suggestions intended to prevent the creation of barriers to the working of the single market. 
Opinions amount to formal notice that the draft contravenes Community  law. 
Drafts are in abeyance where the Commission is preparing a proposal on the subject or where the Council has adopted a common position on a 
proposal. 

Annex V 

STATE OF PLAY ON SIMPLIFICATION 

SIMPLIFICATION  MEASURES PROPOSED BY THE 
COMMISSION AND STATE OF PLAY 

SECTOR 

I COMMISSION 
SIMPLIFICATION 
INITIATIVE 

I ACTION TAKEN 

Council adopted  common 
position  on 22 July  1997. 
Parliament  second  reading 
scheduled  for 
15 December  1997.  The 
common position  does not  fully 
achieve  the  simplification 
originally sought.  This is an 
example of the Council  failing 
to follow  a  Commission 
proposal for  simplification. 

European Parliament  and 
Council Directive  96/70/EC 
(OJ L 299, 23.11.1996). 

Parliament  delivered  opinion 
on  "coffee " and  "chocolate " 
proposals  in October  1997. 
Council agreement  on  "coffee " 
proposal  expected  at  Internal 
Market  meeting  on 
27 November  1997. 

FOODSTUFFS 

Foodstuffs  intended for 
particular nutritional uses 
(approximation  of laws) 

Proposal for a European 
Parliament and Council 
Directive transmitted  on 
28 March  1994, COM(94) 97. 

Mineral waters (approximation 
of laws) 

Proposal for a European 
Parliament and Council 
Directive transmitted  on 
17 October  1994, 
COM(94) 423. 

Vertical directives on 
chocolate, fruit juices, jams, 
honey, coffee,  milk 

Seven proposals for European 
Parliament and Council 
Directives transmitted  on 
30 May  1996, COM(95) 722. 

Foodstuffs  (general) 

Fertilisers 

Green Paper on the  general 
principles  of food  law on 
30April  1997, COM(97) 176. 
This document provides  for 
various simplification  options 
in this area.  Reactions  of 
interested parties  now being 
analysed. 

Directive  76/116/EEC 
(OJ L 24, 30.1.1976) is being 
assessed with a view to 
simplification  under the second 
phase  of SLIM. 

INDUSTRIAL PRODUCTS 

Construction products 

Measuring instruments 

COMPETITION 

Merger control 

Horizontal  State aid 

Vertical restrictions 

~~ 

Directive  89/I06/EEC 
(OJL  40,  11.2.1989) is being 
assessed with a view to 
simplification  under the second 
phase  of  SLIM. 

Proposed  simplification 
directive  is being prepared. 
This will replace  15 detailed 
directives  now outdated  as a 
result  of technical 
developments. 

Proposal for Regulation 
transmitted  on 
16 September  1996 
(COM(96)313).  Simplification 
. of procedures, more  effective 
control. 

Council Regulation  (EC) 
No 1310/97 of 30.6.1997 
(OJ L  180, 9.7.1997) 

Proposal for a Council 
Regulation transmitted  on 
22 July  1997, COM(97) 396, to 
simplify  procedures in this 
sector. 

Council reached  political 
agreement  on proposal  at 
Industry  meeting  on 
13 November  1997, subject  to 
European Parliament  opinion. 

Green Paper on  vertical 
restrictions  COM(96) 721, 
transmitted on 
24 January  1997, envisaging 
simplification  of  procedures. 

SOCIAL POLICY 

Exposure to chemical  agents 

Exposure to carcinogens at 
work 

Amended proposal for a 
Council Directive transmitted 
on 9 June  1994, COM(94) 230. 

Council common  position 
adopted on  7 October  1997. 

Proposed amendment of basic 
directive (90/394) transmitted 
on  14 September 1995, 
COM(95) 425. 

Council Directive 97/42/EG 
(OJ L  179, 8.7.1997). 

Air 

AGRICULTURAL POLICY 

Rice 

Agricultural structures 

Proposal for Regulation 
transmitted on 
24 August 1995, COM(95) 31).  30.12.1995). 

Council Regulation (EC) 
No 3072/95 (OJ L 329, 

Proposal for Regulations 
transmitted on 
27 February 1996, 
COM(96)58). 

Council Regulations (EC) 
950/97, 951/97 and 952/97 
(OJ L 142, 2.6.1997). 

Milk intended for human 
consumption 

Proposal for Council Regulation  European Parliament opinion 
delivered on 22 October 1997. 
transmitted on 16 July 1997, 
COM(97) 133. 

Butter 

Ornamental plants (SLIM) 

TRANSPORT 

Simplification proposal in 
preparation. 

Simplification proposal in 
preparation under SLIM. 

Weight and dimensions of road  Proposal for Directive 
vehicles 

transmitted on 
15 December 1993, 
COM(93) 679, amended by 
proposal COM(95)  193. 

Roadworthiness tests for motor 
vehicles 

Proposal for Directive 
transmitted on 
8 September 1995, 
COM(95) 415. 

Council Directive 96/53/EC 
(OJ L 235,17.9.1996). 

Council Directive 96/96/EC 
(OJ L 46, 17.2.1997). 

ENVIRONMENT 

Air quality 

Drinking water 

Bathing water 

Proposal for Directive 
transmitted on 4 July 1994, 
COM(94) 109. 

Council Directive 96/62/EC 
(OJ  L 296,21.11.1996). 

Proposal for Directive 
transmitted on 28 April 1995, 
COM(94) 612. 

Council adopted common 
position on 16 October 1997. 

European Parliament delivered 
Proposal for Directive 
transmitted on 29 March 1994,  opinion on 12 December 1996. 
COM(94) 36. 

Water (general 

framework) 

Proposal for framework 
Directive transmitted on 
15 April 1997, COM(97) 49. 

Noise 

Proposal for simplification 
Directive under consideration. 

I 

1 

: 

1 

TELECOMMUNICA TIONS 

Telecommunications equipment  Proposal for European 
Parliament and Council 
Directive transmitted on 
4 June 1997, COM(97) 257. 

FISHERIES 

Structural aspects of 
policy 

fisheries  Proposals for Regulations 

Council Regulation (EEC) 

transmitted on 8 October 1993,  No 2080/93 setting up the FIFG 
COM(93) 481. 

(financial instrument for 
fisheries  guidance).  Council 
Regulation (EC) No 3699/93 
laying down criteria and 
arrangements for FIFG 
assistance. 

INTERNAL  MARKET 

Free movement of doctors and 
mutual recognition of their 
diplomas 

Proposal for a European 
Parliament and Council 
Directive transmitted on 
19 December 1994, 
COM(94) 626. 

European Parliament and 
Council Directive 97/50 
(OJ L 291,24.10.1997). 

System for recognition of 
diplomas 

Proposal for Directive in the 
process of being adopted under 
the SLIM procedure. 

Mechanism for the recognition 
Proposal for a European 
of qualifications for professional  Parliament and Council 
Directive transmitted on 
activities (craft, trade and 
9.2.1996, COM(96) 22. 
certain services) 
Amended proposal transmitted 
on 16 July 1997, COM(97) 363. 

European Parliament opinion 
delivered on 20 February 1997 
(first reading). 

Notification of investment 
projects of interest to the 
Community in the gas and 
electricity sectors 

CUSTOMS 

Proposal for Regulation 
transmitted on 1 August 1995, 
COM(95) 118. 

Council Regulation No 736/96 
(OJ L 102, 25.4.1996). 

Combined nomenclature for 
external trade 

Proposal for Directive under 
consideration in SLIM 
procedure. 

AI 

TAXPOLICY 

VAT 

I 

" 

I 

- simplifying tax treatment for 
certain operations 

^ * £|  £ £ *^ 

5g 

" ^ w m ^ p o. 

Council Directive 95/7/EC 
(OJL102,5.5.1995). 

Proposal for a Council Directive 
transmitted on 26 June 1997, 
COM(97) 325. 

- improving the current 
transitional arrangements 

Proposal for simplification 
Directive under consideration. 

- VAT obligations 

Proposal for simplification 
Directive under consideration 
in SLIM procedure. 

CONSUMER  POLICY 

Indicating prices for consumers  Proposal for European 
Parliament and Council 
(amendments to Directives 
79/581/EEC and 88/314/EEC)  Directive transmitted on 

European Parliament and 
Council Directive 95/58/EC 
(OJL 299,12.12.1995). 

5 December 1994, 
COM(94)431. 

Proposal for a European 
Parliament and Council 
Directive transmitted on 
17 July  1995, COM(95) 276. 

Council adopted common 
position on 27 September 1996. 
Conciliation with Parliament in 
progress. 

STATISTICS 

Statistics on trade between 
Member States 

Short-term statistics 

Proposals for European 
Parliament and Council 
Regulations transmitted on 
4 June 1997 and 
6 February 1997, COM(97) 275 
and COM(97) 252, under the 
SLIM procedure. 

Proposal for Council Regulation 
transmitted on 24 June 1997, 
COM(97)313. 

AUTONOMOUS  SIMPLIFICATION  INSTRUMENTS  ADOPTED 
BY THE  COMMISSION 

SECTOR 

I 

COMMISSION INITIATIVE 

COMPETITION 

Technology transfer agreements (exemptions for  Commission Regulation (EC) No 240/96 
certain categories of patent and know-how 
licensing agreements) 

(OJ L 31, 9.2.1996) 
Simplification of procedures by merging two 
existing regulations. 

Application of Community rules on aid 
(restructuring and rescuing firms in difficulty) 

Notice published in OJ C 368,23.12.1994. 
Revision of the rules in 1998. 

Aid to the synthetic fibres industry 

New framework  (OJ C 94, 30.3.1996). 

"De minimis" rule for State aid 

Commission communication (OJ C 68, 
6.3.1996).  Classification and simplification of 
the rules. 

State aids for SMEs 

New framework  (OJ C 213, 23.7.1996). 

AGRICULTURAL POLICY 

Arable crops 

Commission Regulation (EC) No 658/96 

SMALL BUSINESSES 

Business start-ups 

Participation of European Economic Interest 
Groupings (EEIG) in public contracts 

Transfer of small and medium-sized enterprises 

STATISTICS 

Reporting the value of goods for statistical 
purposes 

"Net mass" (statistics) 

(OJL 91, 12.4.1996). 

Commission recommendation of 22 April 1997 
(OJL 145,5.6.1997). 
Commission communication transmitted on 
9 September 1997 (COM (97) 434. 

Recommendation of 7 December 1994 
(OJL 385, 31.12.1994). 

Commission Regulation (EC) No 860/97 
(OJ L 123, 15.5.1997) under the SLIM. 
procedure. 

Commission Regulation (EC) No 2383/96 
(OJ L 326, 17.12.1996) under the SLIM 
procedure. 

1\ 

PROGRESS  ON CONSOLIDATION  SINCE  THE  1992 EDINBURGH  EUROPEAN  COUNCIL 

ANNEX Vf 

Situation at 20/11/97 

Proposals for formal consolidation 
in preparation (1998 to 2000) 

Proposals submitted to the  European 
Parliament and the  Council 

Instruments of formal consolidation 
adopted by the  Council 

ISSN 0254-1475 

COM(97) 626 final 

DOCUMENTS 

EN 

01  06  02 

Catalogue  number  :  CB-CO-97-675-EN-C 

ISBN  92-78-28522-6 

Office for Official  Publications of the European Communities 

L-2985 Luxembourg