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. The utility of the Commission's impact assessments, with particular reference to the Physical Agents (Vibrations) Directive.
Date: 2002-03-13
Institutions: European Parliament, Provisional data
Subjects: EU employment policy, EU law, business administration, economic consequence, impact study, labour law, mechanical vibration, occupational health, small and medium-sized enterprises

C 309 E/38

Official Journal of the European Communities

EN

12.12.2002

The FRY remains the main beneficiary of all Community assistance in the Western Balkans reflecting, inter
alia,
its impressive results in economic stabilisation and reform since end-2000. The Commission is
committed to support this reform process and, in the process, stability in the FRY and the wider region.

(2002/C 309 E/043)

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 (cid:1)
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

12.12.2002

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Official Journal of the European Communities

C 309 E/39

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
impact assessment methodology in the Commission, as outlined in the
for a new, coherent
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.

(2002/C 309 E/044)

WRITTEN QUESTION E-0704/02

by Charles Tannock (PPE-DE) to the Commission

(13 March 2002)

Subject: The independence of the Romanian judiciary

The political criteria for accession to be met by the candidate countries, as laid-down by the Copenhagen
European Council in June 1993, stipulate that these countries must have achieved ‘stability of institutions’
guaranteeing, inter alia, democracy and the rule of law.

In its November, 2001 Regular Report on Romania’s progress towards accession, the Commission says
that ‘Romania continues to fulfil the Copenhagen political criteria.’

Later, in its assessment of the country’s judicial system, the Commission indicates that additional reforms
are still necessary and should include measures to further guarantee the independence of the judiciary …

Does the Commission regard these statements as in any way contradictory?