Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions - Updating and simplifying the Community acquis {SEC (2003) 165 }
Date: 2003-02-11
Institutions: European Commission
Subjects: Community acquis, EU action, codification of EU law, consolidation of EU law, simplification of legislation

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 11.2.2003
COM(2003) 71 final

COMMUNICATION FROM THE COMMISSION

TO THE COUNCIL, THE EUROPEAN PARLIAMENT, THE EUROPEAN
ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE
REGIONS

Updating and simplifying the Community acquis

{SEC (2003) 165 }

TABLE OF CONTENTS

Executive summary .................................................................................................................... 3

The Framework for Action .......................................................................................... 5

1.

OBJECTIVE ONE : Simplify the Acquis.................................................................... 6

2.

3.

4.

5.

6.

Action A: Indicators for prioritizing ............................................................................ 7

Action B: The Commission’s priorities in the First Phase (February – September
2003) .......................................................................................................................... 10

Action C: Methodology and procedures .................................................................... 11

OBJECTIVE TWO : Consolidation of the acquis must be completed and kept
rigorously up-to-date.................................................................................................. 12

OBJECTIVE THREE : Codification ......................................................................... 12

OBJECTIVE FOUR : Reviewing the organization and presentation of the acquis... 14

Action A: Clarifying which legislation is in force ..................................................... 15

Action B: Presenting the “active and generally applicable acquis”........................... 16

Action C: Reliable and useful reference instruments................................................. 16

OBJECTIVE FIVE : Ensure transparency and effective monitoring at political and
technical level............................................................................................................. 17

OBJECTIVE SIX : Establish an effective implementation strategy.......................... 19

Inter-institutional collaboration.................................................................................. 19

Apply best practices to ensure continued maintenance of the acquis ........................ 20

Securing the necessary resources ............................................................................... 20

7.

NEXT STEPS ............................................................................................................ 21

Annex 1 : Summary of the initiatives in the Framework for action......................................... 22

Annex 2 : List of projects with simplification implications..................................................... 26

Annex 3 : Legislative proposals with simplification implications already adopted by the

Commission and pending before the other institutions.............................................. 30

The  Commission  Staff  Working  Document  (SEC  (2003)  165),  accompanying  the  present
Communication, provides detailed information on definitions and planned Commission work.

2

Executive summary

This  Communication  takes  forward  the  Commission’s  Better  Regulation  initiative  from
June  2002  and,  in  so  doing,  fulfils  the  commitment  made  in  its  Action  Plan  to  launch
initiatives for a policy concerning the Community’s existing body of law.

At its heart is the objective of securing a reliable, up-to-date and user-friendly body of EC
Law to the benefit of citizens, workers and businesses. This objective was developed in
the Commission’s White Paper  on  European  Governance  and in its contributions to the
Lisbon  Strategy,  all  of  which  were  unanimously  welcomed  by  the  other  Community
institutions and bodies, as well as stakeholders and citizens.

Although citizens and operators are mainly faced with legislation for which the Member
States  are  responsible,  the  Community  must  set  a  good  example.  Now  is  the  time  for
concrete  action  and  the  Commission  calls  upon  the  Member  States  to  complement  this
action with coherent engagements on their side.

The Commission’s Better Regulation initiative of June 2002 aims at ensuring that better
regulation  is  pursued  in  the  daily  legislative  work  of  the  Community  (for  which  the
Action  Plan  proposed  a  series  of  measures)  but  also  calls  for  attention  to  the  stock  of
Community  legislation,  which  sometimes  dates  back  several  decades.  Since  the
foundation of the European Communities, this body of existing legislation has never been
subject to a comprehensive review of its organisation, presentation and proportionality.

The  present  Communication,  and  its  proposed  Framework  for  Action,  delivers  such  a
policy. With full political support, it will deliver:

(cid:1)  The removal of “dead wood” - legal texts that are obsolete and outdated - leading to
considerable reduction in the volume of the Community acquis without changing the
legal status,

(cid:1)  Rewriting legal texts to render them more coherent and understandable, again without

changing the legal status

(cid:1)  Improving  the  presentation  of  the  Community  acquis  and  developing  more  user-

friendly access to consult and use Community law

(cid:1)  The beginning of a long-term process of gradual modernisation and simplification of
existing  legislation  and  policies  –  not  to  deregulate  or  cut  back  the  acquis  but  to
replace  past  policy  approaches  with  better  adapted  and  proportional  regulatory
instruments.

The  proposed  Framework  defines  six  objectives,  associated  to  each  of  which  are  a
number of specific actions.

For  the  simplification  programme  (to  December  2004)  the  Commission  proposes
examples  of  prioritisation  indicators  on  which,  case  by  case,  it  will  determine  its

3

priorities. The priorities for Phase I (to September 2003) are given. Following a dialogue
with the other institutions and stakeholders, the Commission will take forward the work
in two further phases (to March 2004 and December 2004).

To  secure  an  up-to-date,  reliable  and  user-friendly  body  of  EC  legislation,  requires  a
series of actions. First, the consolidation of the existing acquis which will be completed
by mid-2003 and in future will be carried out automatically whenever existing legislation
is  amended.  Secondly,  the  on-going  codification  initiative  needs  to  be  intensified  and
prioritised with adapted and fast-track treatment in the Parliament and Council. Thirdly,
as a contribution to improve the presentation of the Community acquis and develop more
user-friendly access for consulting and making use of Community law, it is proposed to
more  clearly  present  the  active  and  generally  applicable  legislation.  This  requires
removal of obsolete legislation through formal repeal or by the use of other instruments.
While past and present legislation will always remain on record for specialist consultation
in  the  database  CELEX,  a  better  presentation  of  the  active  and  generally  applicable
acquis  will  facilitate  citizens’  and  other  stakeholders’  use  and  reading  of  relevant
Community law by making the key reference instruments (EUR-Lex and the Directory of
Legislation in Force) more accurate, considerably slimmer and more user-friendly.

However,  little  will  be  achieved  without  transparency  of  the  process  and  strong
political commitment and control, as well as adequate resources – where all institutions
need to contribute. For its part, the Commission will undertake a six-monthly review to
end-2004 of the progress made within the Framework for Action. The other institutions
should consider how best politically to monitor and contribute to progress. Progress will
certainly be frustrated by the absence of priority treatment for adopting simplification and
codification  proposals  and  therefore  a  successful  conclusion  to  the  Inter-institutional
Agreement on Better Regulation is essential.

The Commission has proposed a concrete and ambitious plan of action up to the end of
2004.  A  positive  political  response  is  therefore  urgently  sought  from  the  European
Parliament and the European Council.

4

COMMUNICATION FROM THE COMMISSION

TO THE COUNCIL, THE EUROPEAN PARLIAMENT, THE EUROPEAN
ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE
REGIONS

Updating and simplifying the Community acquis

The Framework for Action

Legislation lies at the heart of the Union’s economic and political success. It has created
major new rights for citizens and workers and has opened up markets across Europe. In
many  areas,  it  has  allowed  15  disparate  sets  of  national  laws  to  be  concentrated  into  a
single piece of legislation applying across the Union. The benefits are there for all to see.
Yet Governments, citizens and businesses sometimes criticise laws they perceive as being
unnecessarily  burdensome  and  overly  complex  not  always  distinguishing  between
Community  law  as  such  and  Member  States’  transposition  of  that  law  into  national
legislation.

Sometimes  such  perceptions  spill  over  into  an  all  embracing  demand  that  all  EU  law
should be savagely cut back. The Commission firmly rejects such demands. The present
Communication  confirms  the  Commission’s  determination  to  carry  through  agreed
legislative  reforms  to  ensure  that  Community  rules  are  clear,  understandable  and
proportionate to their legitimate objectives. It fulfils the  commitment  made in  its Better
Regulation  Action Plan of 2002  and echoes  the message of the  Synthesis  Report  to  the
European  Council.  Wherever  possible,  the  legal  rules  in  force  must  be  updated  and
simplified and, where they are dispersed across different legal instruments, focussed into
a  single  user-friendly  instrument  by  the  processes  of  consolidation  and  codification.
Given  the  accession  of  ten  new  Member  States  in  May  2004  and  the  consequential
increase of the number of official languages into which legislation must be translated, the
urgency and importance of this task is stark.

This Communication provides a coherent operational and detailed Framework for Action
to  update  and  simplify,  wherever  appropriate,  the  existing  body  of  binding  secondary
Community legislation. There is  no  single  definition  of  what  constitutes  the  acquis:  for
some  purposes,  use  is  made  of  a  very  broad  definition  to  include,  in  addition  to  the
treaties,  regulations,  directives  and  decisions,  the  case  law  of  the  Court  of  Justice  and
non-binding acts such as resolutions and recommendations. For the purpose of the present
Communication, a  narrower definition  is more  appropriate,  at  least  in  a  first  stage.  The
present initiative therefore defines the target acquis as binding secondary legislation, i.e.
regulations,  directives  and  decisions  in  the  sense  of  Article  249  of  the  TEC  (hereafter
referred  to  as  “the  acquis”).  This  body  of  legislation  amounted  at  the  end  of  2002  to
97.000 pages of the Official Journal.

5

The  Framework  for  Action  comprises  6  objectives,  each  with  a  number  of  key  actions
designed  to  make  the  legislation  more  accurate,  user-friendly  and  up-to-date.  The  6
objectives and their associated actions are summarised in Annex 1.

Objective 1 sets out the actions proposed wherever necessary to simplify the acquis and
the  indicators  on  which  the  priorities  for  simplification  will  be  based.  It  outlines  the
sectors which will  be  scrutinised  for  their  simplification  potential  during  phase  I  of  the
simplification  programme  (February  to  September  2003).  Phases  II  October  2003  to
March 2004) and III (April 2004 to the end of this year) of that programme will continue
the  process  of  scrutinising  the  acquis  for  simplification  candidates  and  will  incorporate
formal proposals by the Commission to simplify the legislation concerned. Objectives 2
–  4  describe  the  measures  needed  (notably,  consolidation,  codification  and  repeal)  to
secure a more up-to-date, reliable and user-friendly body of European law. Objectives 5
&  6  complete  the  Framework  by  outlining  how  this  work  will  be  carried  out  and  how
political and technical control of the process will be managed.

1. 

OBJECTIVE ONE :

SIMPLIFY THE ACQUIS

Over  recent  years  there  has  been  a  good  deal  of  activity  within  the  Commission  to
simplify  and  otherwise  improve  EU  legislation  in  order  directly  to  benefit  its  users  by
means of major revisions to the legislative approach and often to the underlying policy.

The present Communication refers to simplification in a wide sense.

Simplification can on the one hand mean modification of legislation without affecting the
substance  of  the  underlying  policy.  This  can  be  relevant  when,  for  example,  more
efficient  or  proportional  legislative  instruments  and  techniques  are  available  than  those
currently  used.  This  corresponds  to  the  standard  approach  based  on  neutrality  on  the
underlying political choices.

On  the  other  hand,  simplification  can  also  mean  efforts  to  simplify  the  substance  of  a
policy, for example its objectives or its scope. In such specific cases, it may be necessary
to adapt or even entirely rethink the legislative approach.

Simplification is a complex and diffuse process and requires considerable resources. Over
time, this has meant that the effort to simplify has tended to become dispersed and thus
the  results  to  date  have  not  met  expectations.  Simplification  proposals  made  by  the
Commission  have  been  relatively  few  and  have  rarely  been  given  particular  priority  by
the  Parliament  and  the  Council.  Simplifying  secondary  Community  legislation  must  be
accorded  a  higher  political  priority  and  be  based  on  an  explicitly  defined  and  coherent
strategy  which  commands  a  strong  underlying  political  support  with  active  political
oversight from all the institutions.

6

The three key actions associated with simplifying the Community’s acquis (Objective 1)
are the following:

(cid:1)  First, the development of prioritisation indicators on which the acquis will be screened
on  a  case  by  case  basis  in  order  to  identify  and  prioritize  policy  areas  where  the
relevant legislation could be a candidate for simplification. (Action A)

(cid:1)  Secondly, based on these indicators, the Commission presents its initial list of priority
policy  areas that  have  been  selected  in  order  to  screen  their  potential  for  subsequent
simplification  initiatives.  (Phase  I  from  February  to  September  2003).  There  will  be
two further phases: phase II will run from October 2003 to March 2004 and phase III
from April 2004 to the end of that year. (Action B)

(cid:1)  Thirdly,  the  methodology  and  procedures  that  will  be  adopted  to  prepare  the

Commission’s simplification proposals and processes. (Action C)

These three actions are described in more detail below.

Action A: Indicators for prioritizing

There are many different prioritisation indicators that could be applied in order to assess
the  priority  that  should  be  given  to  different  policy  areas  for  future  simplification  (and
also  codification  –  see  objective  3  below).  The  indicators  –  examples  of  which  are
proposed  in  Table  1  –  will,  therefore,  need  to  be  applied  on  a  case  by  case  basis  to
determine the relative priority of each policy area for achieving legislative simplification.
The  opportunity to simplify  any  existing  legal instrument could, of  course,  also  present
itself  during  legislative  work  that  is,  for  wider  policy  reasons,  already  taking  place  or
where policy reviews have been programmed.

Table 1: Examples of indicators for prioritisation on a case by case basis

1.  Importance of a particular policy area, assessed through two specific indicators:

(cid:1)  The  policy  areas’  relative  importance  within  the  European  economy  and  the  EU

Internal Market in terms of growth, competitiveness and jobs;

(cid:1)  The  weight  a  particular  policy  area  represents  in  terms  of  its  share  of  the  EU
secondary  Community  law  and  how  significantly  its  functioning  is  influenced  by
EU  legislation  (for  example  indicated  by  the  number  of  legal  acts  and  Official
Journal  pages)  and  the  level  of  technical  details  included  in  the  existing  acts  in
force.

2. Where there are indications of potential  problems  with  existing  legislation, be it
linked to Member States (indicated by number and significance of infringements), or
from  citizens  and  other  stakeholders  (expressed  as  complaints;  the  response  to
consultations; or where the legislation is difficult to understand and apply).

7

(cid:1)  Where there  are  difficulties  in  implementing the  legislation  because  of  successive
legal
amendments,  overlapping  or  conflicting  requirements  and  potential 
uncertainty resulting from inconsistent definitions or terminology, or as a result of
Member  State  transposition  which  has  itself  added  unnecessary,  complicated,
detailed or excessive provisions.

(cid:1)  Where  experience  has  shown  that  administrative  implementation  and  compliance
costs appear disproportionate in relation to the benefits sought by the EC legislator
and  achieved;  and/or  the  potential  for  legislative  (and  policy)  simplification  is
considerable.

(cid:1)  Where  there  are  potential  major  risks  (fundamental  rights,  the  environment,
consumers,  health  or  safety;  industries  or  services,  etc.)  that  are  not  satisfactorily
targeted  by  existing  legislation  but  which  could  be  addressed  in  a  simplification
initiative rather than in a new legislative proposal.

3. Where  new  political  initiatives  or  evolving  regulatory  practices  may  justify

legislative update and consequently an opportunity to simplify the acquis:
(cid:1)  Where 

initiatives  (sustainable  development,
environmental  concerns;  safety;  fundamental  rights,  etc.)  require  updating  and
amendment in respect of a particular sector;

the  application  of  horizontal 

(cid:1)  Where the legislative approach may no longer be appropriate and could be replaced
by more efficient, flexible and proportionate instruments (for example, framework
directives, new approach directives or “softer” regulatory alternatives). In addition,
evaluation of Community policies should be more systematically used to establish
the possible need for simplification;

(cid:1)  Where  new  obligations  (for  example,  resulting  from  international  agreements)
require updated legislation  or changes to the legislative format  chosen  in  order  to
exploit  more  effectively  the  potential  synergies  between  overlapping  regulatory
regimes,  or  where  European  legislation  refers  to  international  agreements  and
annexes such agreements to Community legal acts1.

1

Such  as  those  international  standards  developed,  in  accordance  with  the  World  Trade
Organisation/Agreement on Technical Barriers to Trade/Agreement on Sanitary and Phytosanitary
Measures;  by  intergovernmental  organisations  (including  International  Standards  Organisation,
International  Electrotechnical  Committee)  or  other  treaty  organisations  (such  as  Codex
Alimentarius, International Maritime Organisation).

8

                                                
Action B: The Commission’s priorities in the First Phase (February – September 2003)

On  the  basis  of  indicators  of  the  kind  set  out  in  Table  1,  the  Commission  is  now
undertaking its first-ever, systematic horizontal  screening of  the  Community  acquis and
has  already  identified,  as  part  of  its  first  phase  initiative  (to  September  2003),  specific
policy areas that will be subjected to a detailed scrutiny for their simplification potential,
including  through  recasting.  (Table  2).  Within  a  number  of  these  policy  areas,  specific
legislation  has  already  been  identified  for  closer  examination  of  their  simplification
potential before the Commission decides whether to prepare formal proposals (Annex 2).
A  number  of  simplification  initiatives  have  already  been  formally  announced  and,  in
many  cases,  are  now  on  the  table  of  the  Parliament  and  the  Council:  the  Commission
urges these institutions to give urgent attention to completing their work (Annex 3).

Table 2: Priority policy areas for phase I

Policy area

Specific legislation

– Industrial products

– Agriculture and CAP

– Health and Food safety

– Motor Vehicles type-approval system
– Marketing authorisation for medicinal products
– Processed agricultural products
– CAP reform - a long term perspective for sustainable

agriculture

– Implementing rules in the rural policy sector

–  State aids exemption regulations

– Feed materials and compound feedingstuffs
– Food contact materials
– Novel foods

– Taxation and Customs

– Capital duty directive

– Employment  and  Social

affairs

–  Drugs

– Competition

–  Environment

– Health and safety at the work place
–  Equal treatment between men and women

–  European Monitoring Centre for Drugs

– Implementation rules on Merger Regulation
– Implementation rules on Antitrust Regulation
–  State Aids procedures and rules
–  Waste legislation
–  Air quality legislation

–  European contract law

–  Common Frame of Reference

9

Action C: Methodology and procedures

The Commission’s Interactive Policy Making (IPM) on-line consultation mechanismwill
provide  some  immediate  feedback  on  the  present  Communication  (notably  on  the
prioritisation indicators and on policy areas in need of simplification)2. As is the case for
all legislation, careful preparation - including appropriate consultation - will be needed in
respect  of  every  simplification  proposal.  The  Commission  will  apply  best  practices  in
preparing simplification proposals including those developed in SLIM and other sectoral
simplification  programmes.  The  Commission’s  integrated  framework  for 
impact
assessment3  and  interactive  consultation  processes  (questionnaires,  dialogues,  etc.),  the
IPM  on-line  consultation  mechanism4  and  other  targeted  consultation  mechanisms  can,
where appropriate, contribute to ensure a more systematic assessment of the potential for
simplification.

The  priorities  for  simplification  in  the  future  will  be  incorporated  in  the  Commission’s
Legislative  Work  Programme  (CLWP)  for  2004  and  beyond.  A  special  section  in  the
CLWP will cover simplification and codification activities thus clearly demonstrating the
Commission’s  political  commitment 
inter-institutional
procedures that ensure an effective and speedy response in handling these proposals will
be essential (see Objective 6 below).

the  process.  However, 

to 

Objective One – Summary of proposed actions

(cid:1)  The Commission has proposed indicators for prioritising simplification work. The
Council  and  Parliament  are  invited  urgently  to  comment  on  these  indicators  in
anticipation  of  the  Commission’s  preparation  of  its  simplification  proposals  for
phases II and III.

(cid:1)  The Commission invites the Council and Parliament to agree urgently on adapted
and  rapid  procedures  for  the  adoption  of  the  Commission’s  proposals  for
simplification.

(cid:1)  The  Parliament  and  the  Council  will  be  invited  to  support  future  simplification
priorities within the context of the Commission’s Legislative Work Programme.

(cid:1)  The  Parliament  and  the  Council  are  invited  to  give  speedy  consideration  to

pending simplification proposals

2

3

4

http://europa.eu.int/yourvoice/
COM(2002)276 final of 5.6.2001
http://europa.eu.int/comm/internal_market/ipm.htm

10

                                                
2. 

OBJECTIVE TWO :

CONSOLIDATION OF THE ACQUIS MUST BE COMPLETED AND KEPT RIGOROUSLY
UP-TO-DATE

Consolidation5  integrates  (in  a  single,  non  legally-binding  text)  the  provisions  of  the
original instrument together with all subsequent amendments to it. As for codification, no
fundamental  changes  to  the  substance  or  form  of  existing  legislation  are  involved.
Consolidation  brings  benefits  to  citizens,  administrations  and  business  in  the  form  of  a
more accessible, transparent legislative framework, and has the advantages that costly or
time-consuming  preparatory  work  is  minimised,  no  legal  process  is  necessary,  and  the
cost  and  delay  of  publishing  in  the  Official  Journal  is  avoided.  However,  unlike
codification, consolidation does not result in a legally-binding text.

For  these  reasons,  an  exercise  to  consolidate  the  acquis  and  make  it  available  via  the
EUR-Lex  website6  was  begun  in  1996  with  major  progress  being  made  in  the  last  two
years.  It  is  estimated  that,  to  date,  two  thirds  of  the  acquis  has  been  consolidated,
allowing  the  whole  programme  to  be  completed  by  June  2003.  It  is  estimated  that  the
complete  consolidation  programme  could  reduce  the  volume  of  texts  by  as  much  as
20.000  OJ  pages  (however,  without  reducing  the  volume  of  the  legislation  itself).
Thereafter 
legislation  will  be  undertaken
automatically whenever an amendment to any text included in the acquis is published in
the Official Journal.

the  consolidation  of  newly  adopted 

Objective Two – Summary of Proposed Actions

(cid:1)  Consolidation  offers  a  valuable,  user-friendly  service  even  though  the  texts  are  not
legally  binding.  Attention  is,  however,  required  to  ensure  that  its  presentation  to
stakeholders is improved (Objective 4).

(cid:1)  Consolidation  is  the  basis  for  subsequent  codification.  The  present  exercise  should
therefore be completed by its projected deadline of June 2003 and continue thereafter
to  incorporate,  automatically,  subsequent  legislative  changes  to  any  text  included  in
the acquis.

5

6

The Commission Staff Working Document (SEC (2003) 165.associated with this Communication
provides more detailed definitions of consolidation, codification, recasting and simplification and
describes CELEX, the Directory of Legislation in Force and EUR-Lex.
http://europa.eu.int/eur-lex/

11

                                                
3. 

OBJECTIVE THREE :

CODIFICATION

Codification  seeks  to  clarify  the  law  by  bringing  together,  in  a  new  legal  act,  all  the
provisions of an act together with any subsequent amendments. This process renders the
law simpler by  establishing  a single  authoritative text, notably by deleting  obsolete  and
overlapping provisions ; by harmonising terms and definitions ; and by correcting errors
without  substantive  change.  Codification  brings  major  benefits  by  providing  legally
secure texts that are far more readily understood by users. It also cuts back on the volume
of the secondary Community legislation (by an estimated 35,000 OJ pages compared with
the 22,500 pages that represent the 25% objective for reduction set in the Commission’s
Communication to the Laeken European Council in December 20017).

In its Communication of November 2001, the Commission launched a major codification
exercise  the  objective  of  which  is,  by  the  end  of  2005,  to  have  codified  wherever
necessary the entire Community acquis8. To date, of some 2,400 “families” of legal acts9,
36codified texts  have been proposed to  the  Legislator  (replacing  354  pre-existing  acts).
Some  220  codification  initiatives  will  be  proposed/adopted  by  the  Commission  during
phase I while nearly 600 more will be presented during phase II (before March 2004). It
has,  however,  been  agreed  inter-institutionally  that,  prior  to  the  next  accession  date  of
May 2004, the formal adoption and publication of codified texts will be suspended in the
preceding nine months. The reason for this significant delay is that it allows the acquis to
remain  stable  to  ease  the  burden  on  the  new  Member  States  in  incorporating  EU
legislation. It also reflects the absorption of technical services in the task of translating all
necessary  legal  instruments  into  the  additional  official  languages  of  the  Union.  The
Commission  will,  nevertheless,  continue  its  technical  work  preparing  proposals  for
codification during the nine-month period with a view to publication after enlargement.

For  its  part,  the  Commission  confirms  its  intention  to  finalize  its  current  codification
programme  by  end-2005.  The  sheer  size  of  the  challenge  reinforces  the  view  that  clear
priorities  for  future  codification  work  must  be  established.  To  do  this,  the  Commission
will base its work on the prioritisation indicators proposed for simplification adapted as
appropriate. In a separate document of the services10, codification proposals in respect of
phase I and  II work (from February 2003 to March 2004)  are set out.  The Commission
will  up-date  its  codification  programming  ahead  of  phases  II  and  III.  Codification
planning will also be reflected in the Commission’s Work Programmes as of 2004.

Recasting legislation

Existing secondary legislation may also be recast. Where codification is a textual exercise
implying  no  change  in  policy,  recasting  involves  substantial  modification  of  the  basic

7

8

9

10

COM (2001) 726 of 5.12.2001
COM(2001)645 of 21.11.2001
A “family” of legal acts comprises a basic act and the amendments to it.
SEC (2003) 165

12

                                                
legal  act.  The  primary  purpose  of  a  recast  is  the  substantial  amendment  while  the
opportunity is used also to codify the basic act and all subsequent amendments. Recasting
was  not  covered  in  the  November  2001  Communication  on  codification.  The
Commission will, for 2004, establish a horizontal programme for recasting work and will
use,  more  systematically 
legislative
simplification.  In  addition,  where  acts  have  been  codified  as  part  of  the  codification
exercise, future amendment to those acts should be made, in principle, by way of recast,
lest the benefits of the exercise be quickly lost.

to  secure  substantial 

recasting  exercises 

The legislative process

The  Council  and  the  Parliament  are  invited,  actively  to  identify  ways  -  formally  or
informally  -  to  speed  up  the  legislative  processes  in  respect  of  codification  measures.
(Objective  6  deals  with  this  aspect  more  fully).  The  Parliament  and  the  Council  are
invited to adopt the proposals in the codification programme no later than the end of 2006
while avoiding, in particular, to reopen negotiations on substantive issues.

Objective three – Summary of Proposed Actions

(cid:1)  The  Commission  will  prioritise  its  codification  exercise  to  reflect  the  indicators

suggested in table 1, adapted as appropriate.

(cid:1)  The  Commission  will  complete  its  codification  programme  by  the  end  of  2005  and

will establish annual horizontal programming of recasting, as of 2004.

(cid:1)  The  Parliament  and  Council  are  invited  to  give  urgent  consideration  to  the
Commission’s  proposals  under  the  codification  programme  (phases  I  –  III  and  in
2005), in order to adopt all proposals under this programme no later than end-2006. In
so doing every effort should be made to avoid the reopening substantive issues for re-
negotiation.

(cid:1)  Adapted  fast  track  procedures  should  be  urgently  agreed  for  inter-institutional
decision-making  as  proposed  in  the  Commission’s  Better  Regulation  Action  Plan
(Objective 6).

4. 

OBJECTIVE FOUR :

REVIEWING THE ORGANIZATION AND PRESENTATION OF THE ACQUIS

Since the foundation of the European Communities, the acquis has never been the subject
of  a  comprehensive  review  of  its  organization,  structure  or  presentation.  There  is  no
single definition of what constitutes the acquis: for some purposes, use is made of a very
broad  definition  to  include,  in  addition  to  the  treaties,  regulations,  directives  and
decisions, the case law of the Court of Justice and non-binding acts (such as resolutions
and recommendations). Since the objective of the present Communication is to simplify

13

and update the acquis, a narrower definition is more appropriate and the target acquis is
therefore  defined  as  binding  acts,  i.e.  regulations,  directives  and  decisions  (including
general  decisions  and  decisions  with  individual  addressees)  in  the  sense  of  Article  249
TEC.  This  definition  covers  acts  adopted  by  the  Commission  alone  (autonomous  acts)
including implementing legislation under comitology procedures. The body of laws thus
identified contains all the acts of Community law which create rights and obligations for
the citizens of the Union.

The  Community  acquis,  thus  defined,  contains  numerous  texts  that  are  obsolete  but
nevertheless  remain  legally  in  force.  These  include  legal  acts  with  time-limited
application or of application only at the time of their adoption. (For example, the fixing of
agricultural prices in a given harvest year or the grant of a particular time-limited status,
derogation  or  financial  support  to  a  Member  State  or  other  entity).  Other  legal  acts
continue  formally  to  exist  even  though  their  legal  basis  has  been  altered  or  has
disappeared.  Many  acts  are  addressed  exclusively  to  individual  Member  States  or
operators and therefore are of little or no general interest or relevance.

The Office for Official Publications (OPOCE) manages the CELEX database, the official
authoritative basis for all other reference documents (such as the Directory of Legislation
in  Force,  printed  twice  a  year  (January  and  July),  and  the  EUR-Lex  portal  database).
These  instruments  are  agreed  inter-institutionally,  as  are  the  legislative  classifications
they use (which some Member States also reflect at national level).

All past and present Community legislation is registered in the CELEX database. Within
this database, different  parameters  concerning  the legal or administrative  status of  legal
acts can be registered, for example whether an act is in force or not.

Experience  shows  that  the  Directory  of  Legislation  in  Force  is  not,  in  fact,  a  true
reflection  of  the  Community  legislation  actually  in  force.  In  addition  to  the  need  for  a
more  faithful  reflection  of  law  currently  in  force,  both  CELEX  and  its  derived
instruments,  the  Directory  of  Legislation  in  Force  and  EUR-Lex  could  be  significantly
improved in terms of userfriendliness and relevance, both for the Community institutions
and professionals, and for the general public.

To pursue these objectives, the Commission proposes three actions:

Action A: Clarifying which legislation is in force

Repeals

There is a confirmed need formally to repeal obsolete legal acts. For autonomous acts, the
Commission  intends  to  move  ahead  quickly  on  its  own  authority  and  repeal  several
hundred  Commission  acts  by  launching  formal  procedures  shortly.  A  similar  initiative
relating to acts requiring decision of the Parliament and/or Council will also be prepared
for submission before the end of phase I (September 2003).

14

Identifying the acquis in force

For  many  legal  acts,  formal  repeal  could  give  rise  potentially  to  legal  doubts.
Nevertheless many such acts are clearly obsolete and do not need to be included within
an  active  acquis  (for  example,  where  agricultural  price  levels  in  a  particular  year  have
been set). However, their exact status needs to be clearly and formally indicated.

Some  inter-institutional  consideration  will  be  needed  to  decide  how  best  to  remove
obsolete  and  potentially  misleading  information  from  the  acquis,  in  particular  in
legislation agreed by the Council and the Parliament. However, in respect of autonomous
acts  that  have  become  obsolete  because  their  validity  in  time  has  expired,  the
Commission will prepare a formal recognition of obsolescence to remove such acts from
the  active  “acquis”.  The  Commission  proposes  that  a  similar  approach  of  formal
recognition of obsolescence should, where appropriate, also be applied for legislative acts
adopted by the other institutions.

For  Commission  acts  alone,  the  Commission  services  have  already  provisionally
identified  more  than  450  acts  (representing  well  over  1000  OJ  pages)  as  candidates  for
repeal or a formal recognition of obsolescence (the identified candidate acts are listed in
the Commission Staff Working Document, accompanying the present Communication).

Action B: Presenting the “active and generally applicable acquis”

In  addition  to  the  necessary  clarification  of  what  legislation  is  actually  in  force,  the
Community  could  offer  the  general  public  a  much  more  accessible  and  user-friendly
presentation of the most relevant body of Community law. To this end, it could be helpful
to identify the “active and generally applicable acquis”, consisting of active and generally
applicable secondary legislation. Legal act which have specific importance and relevance
only to those  entities  formally  addressed  in  the  instrument  concerned  are  of  little  or  no
interest to the vast majority of users and could be clearly delimited from this presentation.
Such acts represent considerable volumes of text (for the agricultural sector alone, some
600 acts representing nearly 2000 OJ pages have already been indentified provisionally).
Whilst they should not be formally repealed they can quite clearly be identified from the
generally applicable acquis (without formal proposals being made) by means of specific
references within CELEX.

Presenting such an “active and  generally applicable  acquis” will not change the state of
law, nor would it introduce a ranking of  existing legislation. It would, rather, be a non-
legal but more accessible presentation of the most relevant legislation.

Action C: Reliable and useful reference instruments

CELEX  and  the  derived  reference  instruments  are  essential  tools.  In  the  light  of
experience, and given the availability of modern computer technologies, improvements in
their  content,  presentation  and  user-friendliness  are  now  possible  and  desirable.  In
addition to correcting the present imperfections of the acquis itself (see above),  there is
also scope for improvements to allow more efficient and time-saving scrutiny.

15

Clearer  official  definitions  would  also  improve  the  user-friendliness  of  the  different
reference bases thereby providing enhanced services to users, for example by identifying
the Commission service responsible for a particular legislative act.

To maintain  an  up-to-date  acquis  requires  continued  attention  from  all  institutions.  The
Commission  intends  to  take  initiative  to  the  necessary  inter-institutional  collaboration.
The  Commission  will,  from  2004,  annually  review  all  exercises  designed  to  streamline
the acquis.

Objective Four – Summary of Proposed Actions

(cid:1)  Every  effort  should  be  made  to  identify  and  give  an  appropriate  presentation  to
Community  legislation  which  is  active  and  generally  applicable  (the  “active  and
generally applicable acquis”).

(cid:1)  The Commission will immediately proceed to repeal autonomous acts after final legal
verification  of  the  candidates  identified  so  far.  It  will  continue  its  screening  of  the
acquis  to  identify  similar  candidates  for  repeal  during  later  phases.  In  phase  I  the
Commission  will  also  propose  for  urgent  repeal,  those  legal  acts  that  require  formal
decisions from Parliament and/or the Council.

(cid:1)  An inter-institutional Task Force coordinated  by the  Commission  (with external user
advice) should further undertake an authoritative and systematic review of the acquis
and come forward with proposals by the end of 2003 on its definition and presentation,
including  appropriate  methods  to  establish  formal  recognition  of  obsolescence,  and
differentiation  between  acts  that  are  generally  applicable  and  acts  with  very  specific
purposes.

(cid:1)  The accuracy, quality and user-friendliness of CELEX, the Directory of Legislation in
Force and EUR-Lex should be enhanced. To achieve this, the inter-institutional Task
Force proposed above should come forward with proposals by the end of 2003.

(cid:1)  From  2004,  the  Commission  will  conduct  annual  reviews  to  continue  efforts  to

streamline the acquis.

5. 

OBJECTIVE FIVE :

ENSURE  TRANSPARENCY  AND  EFFECTIVE  MONITORING  AT  POLITICAL  AND
TECHNICAL LEVEL

Despite  significant  activity  by  the  Commission  and  OPOCE  over  the  past  few  years  to
update and simplify the acquis (notably by consolidation and codification) it is clear that
such  actions  lack  a  coherent,  inter-related  strategy  and  the  political  support  that  would
give the  process  real  momentum.  To  heighten  political  awareness  and  commitment  full
transparency  is  needed  to  track  progress  on  consolidation,  simplification  and  repeals.

16

That transparency needs to be under-pinned by political scrutiny  and effective  reporting
mechanisms.

for  Action, 

the  Framework 

As  part  of 
the  Commission  will  establish  a
monitoring/reporting tool in the form of a summary scoreboard. In 2003 and 2004, during
the  3  phases  of  intensive  work,  this  scoreboard  will  be  reviewed  at  approximately  six-
monthly intervals by the College of Commissioners and, if they so decide, by the Council
and Parliament. The scoreboard will provide information on the evolution of the stock of
Community  law  and,  in  particular,  the  progress  being  made  with  regard  to  the
simplification,  codification  and  repeals  targets.  (The  simplification  and  codification
programmes themselves will also be available). The scoreboard will have broad and on-
going relevance for maintaining momentum and direction to the work of the Commission,
the  Parliament  and  the  Council  and  will  also  be  included  in  the  Commission’s  annual
report on better regulation.

The Commission will also review its internal arrangements with regard to its procedures,
progress  reporting  and  political  oversight,  a  pre-condition  for  which  is  the  further
development  of  the  basic  reference  tools,  in  particular  the  CELEX  database,  to  allow
easier and clearer identification and quantification of the components of Community law
and its attribution to operational  Commission services. Further  discussion  with  OPOCE
to secure such change will continue (see also Objective 4).

It is for the Council and the Parliament to consider how best, in addition to the summary
scoreboard, to coordinate and monitor progress within their own institutions. For its part,
the Commission will pursue the objectives of the present Framework for Action using the
existing  co-ordination  mechanisms,  including  targeted  mechanisms  established  in  the
Better Regulation Action Plan (in particular the legislative network which brings together
all  legislative  services  of  the  Commission  under  the  coordination  of  the  Secretariat
General and the internal Commission working group on codification). Inter-institutional
working relations will also have to be strengthened.

These procedures should ensure the complete integration of the Framework’s objectives
and  actions  into  the  Commission’s  annual  programming  cycle,  the  annual  work
programme, and the annual cycle on implementation of the Lisbon strategy. The annual
report  on  “Better  Regulation”  will  incorporate  information  of  the  progress  made  in  the
Framework and be used in preparing the Commission’s annual work programme and the
report to the Spring European Council.

Objective Five – Summary of Proposed Actions

(cid:1)  The Commission will establish a summary scoreboard on the evolution of Community
law and the progress towards achieving the objectives outlined in the Framework for
Action.

(cid:1)  The  Framework  will  be  fully  integrated  into  the  Commission’s  annual  work

programme.

17

(cid:1)  The  Commission  will  incorporate  information  on  progress  made  within  the

Framework for Action in its annual “Better Regulation” report.

6. 

OBJECTIVE SIX :

ESTABLISH AN EFFECTIVE IMPLEMENTATION STRATEGY

Inter-institutional collaboration

The Commission  recognises that,  given  its  right  of  initiative  and its role  as  guardian of
the  Treaties,  it  has  the  primary  responsibility  to  ensure  the  maintenance  of  Community
law  on  a  continual  basis.  Operationally,  managing  the  acquis  is  most  efficiently
undertaken  policy  area  by  policy  area,  but  with  the  strong  element  of  horizontal
coordination that will be provided by the Framework for Action. However the objectives
of the present Communication can only be achieved with the full and active co-operation
of  the  European  Parliament  and  the  Council,  not  least  because  amending  or  repealing
legislation,  as  is  the  case  for  adopting  legislation,  requires  legislative  procedures
involving those institutions.

In order to provide adapted and more streamlined procedures within the legislative rules
of  the  Treaty,  inter-institutional  agreements  have  already  been  established  for  some
processes. These are the  Inter-Institutional Agreement  on  Accelerated  Working  Method
for  Official  Codification11  and  the  Inter-Institutional  Agreement  for  a  More  Structured
Use of the Recasting Technique for Legal Acts12. Nonetheless, experience confirms that
the  present  inter-institutional  collaborative  arrangements  need  to  be  strengthened,  in
particular in two areas.

(cid:1)  First,  in  relation  to  simplification  proposals  (Objective  1),  normal  decision-making
procedures  are,  at  present,  followed  without  the  benefit  of  collaborative  effort,
priority-setting,  or  accelerated  procedures 
targeted  specifically  at
simplification.  The  Council  and  Parliament  need  to  give  appropriate  priority  to
individual Commission proposals, particularly avoiding the temptation of adding new
and cumbersome requirements.

that  are 

(cid:1)  Secondly,  the  emerging  codification  programme  (Objective  3)  also  needs  to  be
supported  by  accelerated  procedures  to  secure  the  urgent  adoption  of  Commission
proposals,  notably  at  the  first  reading  within  the  prescribed  deadlines  (for  example
twelve months) under co-decision procedure.

The Commission again calls on the Council and the Parliament – as it did in its Action
Plan on Better Regulation – to agree that the relevant procedures should be adapted and

11

12

Agreement of 20.12.1994, OJ 1996/C 102/2 of 4.4.1996.
Agreement of 28.11.2001, OJ 2002/C 77//1 of 28.3.2002.

18

                                                
streamlined  in  the  context  of  the  inter-institutional  agreement  on  better  regulation
currently being negotiated.

Apply best practices to ensure continued maintenance of the acquis

Legislative  simplification  should  start  at  the  earliest  stage  when  proposals  for  new  or
amended  legislation  are  under  consideration.  The  objective  here  is  to  ensure  that
secondary Community legislation is subjected to systematic review, notably with regard
to good regulatory techniques and user-friendliness, while continuing to meet its intended
aims efficiently and effectively and in a proportionate manner. The Commission will take
steps  to  introduce  a  more  systematic  approach  in  the  management  of  existing  EC
legislation by applying the following basic guidelines:

(cid:1)  Consolidation  will  automatically  occur  whenever  there  is  an  amendment  to  a
legislative act. For codification, criteria will be established (and published) to trigger
automatic  codification  when  legislation  is  being  amended,  for  example,  for  the  fifth
time. These criteria will be reviewed annually, in light of available resources.

(cid:1)  There will be a systematic effort to ensure repeal of acts that are being substituted or
replaced by new texts. New texts will be so drafted as to ensure that any limitations on
the validity of new acts are expressly stated.

Future proposals to amend existing legislation will be subjected to the same standards as
those  applicable  for  new  legislative  proposals  following  the  Better  Regulation  Action
Plan. Of particular relevance are the following aspects:

(cid:1)  Respect of the requirements relating to the quality of legislative drafting13.

(cid:1)  Wherever appropriate, review or sunset clauses will be proposed in new legal acts.

(cid:1)  There will be an impact assessment (and public consultation) wherever appropriate.

(cid:1)  Alternative regulatory options will be systematically examined.

Securing the necessary resources

While the long-term benefits and cost-saving of a leaner and cleaner Community acquis
are  undisputed,  the  short-term  efforts  to  achieve  improvements  demand  adequate
resources  that  are  stable  and  predictable  otherwise  a  rational  flow  of  work  will  not  be
maintained.  The  resource  issue  will  be  handled  by  those  involved  throughout  the  time
span required to complete the actions set out in the Framework for Action.

13

Inter-institutional Agreement on the Quality of Drafting – OJ 1999/C 73

19

                                                
Objective Six – Summary of Proposed Actions

(cid:1) 

Inter-institutional agreement is urgently needed on adapted and fast-track procedures
for adoption of simplification and codification proposals.

(cid:1)  The institutions should apply best practices to ensure easy and continued maintenance

of Community legislation.

(cid:1)  The  Commission  will  reinforce  its  internal  coordination  through  its  legislative

network of key services, coordinated by the Secretariat General.

(cid:1)  The institutions should commit the necessary resources to implement this Framework

for Action.

7. 

NEXT STEPS

With the present initiative, the Commission provides a political and practical framework
of action that will lead us to clear benefits at all levels in the EU, the institutions and for
citizens and businesses.

The initiative can succeed only with firm and urgent support from the other institutions
and  key  actors.  Early  confirmation  of  support  for  the  general  objectives  and  actions  of
this  initiative  is  essential.  In  particular,  the  Commission  invites  the  European  Council,
meeting in March 2003, to endorse the Communication as part of the actions needed to
achieve  the  Lisbon  objectives.  The  European  Parliament  is  also  invited  to  endorse  this
approach.

The  Commission  will  launch  the  necessary  preparatory  work  to  ensure  the  rapid
implementation of the phase II and III actions. The other institutions are invited to give
priority to  these proposals,  in particular,  by  concluding the inter-institutional  agreement
on “better regulation” and by launching the necessary inter-institutional collaboration to
review  the  definitions  and  presentation  of  the  acquis  and  the  databases  in  which  the
acquis is recorded.

20

Annex 1 : Summary of the initiatives in the Framework for action

Objective

Actions to be undertaken

Deadline

Responsible

1

Simplify the existing acquis

A :

The Council and Parliament are invited to comment on
the  Commission’s  proposed  indicators  for  prioritising
simplification

March 2003

B :

Simplification  proposals  for  Phase  I:  Council  and
Parliament to give urgent consideration

N/A

Commission,
Council 
Parliament

and

Idem

2

Consolidation of the acquis must
be 
kept
rigorously up-to-date

completed 

and 

C : Methodology  and  procedures:  Commission,  Council
and  Parliament  to  agree  on  adapted  and  fast-track
procedures  in  the  context  of  the  inter-institutional
agreement  on  better  regulation,  currently  under
negotiation

March 2003

Idem

D :

Simplification  Phase  II  and  III:  Commission  to  make
prioritisation  proposals  based  on  prioritisation
indicators

September
2003 
March 2004

and

Idem

A:

Complete the on-going consolidation exercise

June 2003

OPOCE

B:

Ensure  consolidation  whenever  existing  legislation  is
amended

On-going  after
June 2003

Idem

21

Objective

Actions to be undertaken

Deadline

Responsible

3

Codification

A:

Council and Parliament to give urgent consideration to
the Commission’s Phase I codification proposals

N/A

Parliament  and
Council

B:

C:

its  codification
The  Commission 
programme by the  end  of  2005  (through  Phases  I-III,
and annual programming for 2005).

to  complete 

End-2005

Commission

The Parliament and Council are invited to give urgent
consideration  to  the  Commission’s  proposals  under
the  codification  programme  (Phases  I  -  III  and  in
2005),  in  order  to  adopt  all  proposals  under  this
programme no later than by end-2006.

End-2006

Parliament  and
Council

D :

Establish  a  horizontal 
recasting

rolling  programming  of

Annually, as of
2004

Commission

22

Objective

Actions to be undertaken

Deadline

Responsible

4

Reviewing  the  organisation  and
presentation of the acquis

A:

B:

C:

D:

E:

Immediate 
repeal 
legislation by Commission (Phase I)

out-of-date 

of 

autonomous

February 2003 Commission

Based on Commission’s proposals, urgent adoption by
Parliament and Council of proposed repeals (Phase I)

An  inter-institutional  Task  Force  should  review  the
organisation  and  presentation  of  the  acquis  and  come
forward with proposals

Commission
proposal 
April 2003

by

End-2003

Improve  CELEX,  Directory  of  Legislation  in  Force
reliability  and  user-
and  EUR-Lex  concerning 
friendliness

End-2003

Starting in 2004, the Commission will annually review
and  implement/propose  measures  to  streamline  the
acquis

Annually,
starting in
2004

Council 
Parliament

and

Commission,
Parliament  and
Council

OPOCE  with
inter-institu-
tional  collabo-
and
ration 
external 
user
advice

Idem

23

5

6

Objective

Actions to be undertaken

Deadline

Responsible

and 

Transparency 
monitoring  at  political 
technical level

effective
and

A : Commission to establish a  summary  scoreboard  on  the
evolution  of  Community  law  and  the  progress  with
regard to the targets of the Framework for Action

September
2003, 
report
every 6 months

Commission

B: Commission to prepare “Better Regulation” report

Annually,
starting 2003

Idem

Establish 
implementation strategy

an 

effective

A: Conclude  the  inter-institutional  agreement  on  better
regulation,  including  adapted  and  fast-track  procedures
simplification  and  codification
for  adoption  of 
proposals

March 2003

Commission,
Council 
Parliament

and

B: The  institutions  to  apply  best  practices  to  ensure
continued maintenance of Community legislation

On-going

Idem

C: The  institutions  to  secure  the  necessary  resources  to

On-going

implement this Framework of Action

Commission,
Council 
Parliament

and

24

Annex 2 : List of projects with simplification implications

* Indicates projects included in the Work Programme for 2003

Regulatory area

Subject and explanatory notes

Automotive construction

(ENTR)

Automotive systems*

(ENTR)

Cosmetic products *

(ENTR)
Metrology & Packaging *
(ENTR)

Toys *

(ENTR)

Medicinal products

(ENTR)

Agricultural Products

(ENTR)

Agriculture

(AGRI)

Agriculture

(AGRI)

Common 
Policy *

(AGRI)

-Entire type-approval system for all categories of Motor Vehicles
contained in some 90 directives, totalling about 260 legal acts and
4.600 OJ pages.
-Three phases: (1) codification, (2) simplification by making cross-
reference to equivalent UN/ECE regulations to avoid duplication
and (3) migration of regional regulations (mainly EU, Japan and
USA) towards a world wide unified system of UN regulations.
- Modernisation of Directives 88/77/EEC and 1999/96 on emissions
from heavy-duty vehicles
- Recasting of framework Directive 70/156/CEE relating to type
approval of motor vehicles and their trailers
Recast and modernisation of Directive 76/768/EEC under SLIM
review

Modernisation of existing Pre-packaging legislation following a
SLIM review
Codification, modernisation and recast of Council Directive
88/378/EEC on the safety of toys. Planned completion 2004

Simplification of Regulations (EC) 541/95 and 542/95 on the
examination of variations to the terms of a marketing authorisation
of a medicinal product. Planned completion 2003
Recasting and merging of Regulations (EC) 1520/2000, 3223/93
and (EEC) 3615/92 on Processed Agricultural Products for
simplification. Planned completion: 2004.

CAP reform - a long term perspective for sustainable agriculture

Simplification of  the  implementing  rules  in  the  rural  policy  sector.
Planned completion 2003

Agricultural

Several  adaptations  of  agricultural  regimes,  taking  equally  into
account  simplification  objectives;  the  principal  sectors  concerned
include  fresh  fruit  and  vegetables,  tobacco,  olive  oil,  cotton,  CAP
information actions, and state aids exemption regulations.

25

Air transport *

(TREN)

Airports *

(TREN)

Consolidation  and  simplification  of  Regulations  2407/92,  2408/92
and 2409/92 on the functioning of the market

Consolidation  and  simplification  of  Regulations  2299/89,  3089/93
and 323/99 on the reservation systems

Modification  to  Council  Directive  96/67/EC  on  the  access  to  the
ground handling market in Community airports.

Road & inland transport *

Recast of Directive 88/599/EEC on road transport procedures

(TREN)

Road safety *

(TREN)

Maritime transport *

(TREN)

Energy*

(TREN)

Food 
legislation

(SANCO)

New  directive  on  driving  licences  to  replace  6  older  directives
(91/439, 94/72, 96/47, 96/427, 97/26, 2000/56)

Amendment  and  possible  recasting  of  Regulation  (EC)  613/91  on
the registration of ships

Amendment  and  possible  recasting  of  Directive  95/21/EC  on  the
control of ships in harbours.

Simplification of Directive 92/42/EEC on the energetic efficiency of
apparatus

safety/Feed

-  Recast  for  modernisation  of  Regulations  on  feed  materials  and
compound feedingstuffs.

-  Recast  and  merging  of  directives  79/373/EEC  and  96/25/EC  for
harmonisation  and  simplification  of  the  procedures.  Completed  by
2006.

Food  safety/Food  contact
materials

(SANCO)

Food safety/Novel foods

(SANCO)

Recast for modernisation of framework Directive on food contact
materials based on directives 80/590/EEC and 89/109/EEC and on
plastic materials. Harmonisation and simplification of procedures
Completed by 2006.
Recast for modernisation of Regulation 258/1997on novel foods.
Implementation of a centralised procedure of authorisation.
Completed by 2006.

26

Pesticides 
protection *

in 

plant

Simplification  of  5  Directives  (76/895,  86/362,  86/363,  90/642,
91/414) following a SLIM review. Completed by 2003

(SANCO/ ENV)

Drugs

(JAI)

Taxation

(TAXUD)

Recast  of  Council  Regulation  (EEC)  302/93  on  the  European
Monitoring Centre for Drugs

Recast  for  modernisation  and  simplification  of  Capital  Duty
Directive (69/335/EEC)

Customs Union *

Revision  of  the  existing  Customs  regime  (Phase  II)  planned  for
2003/2004

(TAXUD)

Taxation*

(TAXUD)

European  Contract  Law
(SANCO/JAI/ENTR/
MARKT)

Social affairs

(EMPL)

Employment

(EMPL)

Competition*

(COMP)

State aids*

(COMP)

Recasting for simplification of the Sixth (77/388/EEC- 28 acts and
some  150  OJ  pages  )  and  Eighth  (79/1072/EEC)  VAT  Directives
following a SLIM review

Review  of  the  current  acquis  contained  in  some  20  sectoral
directives
Two phases : (1) Elaboration of a common frame of reference with
definitions  of  basic  concepts  to  be  used  (2)  when  review  existing
acquis and submitting new proposals. Phase one to be completed by
2007

Recast for modernisation of Directives on  equal treatment  between
men and women

Review  of  existing  rules  on  Health  and  safety  at  the  work  place
legislation

Revision  of  Council  Merger  Regulation  EEC  4064/89  and  other
related  implementing  and  interpretative  merger  rules.  Planned
completion:  end  of  2003,  depending  on  progress  made  in  the
Council working Group

Simplification of State Aids procedures and rules

27

Competition*

(COMP)

Waste

(ENV)

Air quality

(ENV)

Revision  of  Commission  Implementing  Regulation  on  Antitrust
(27/62)  and  other  related  implementing  and  interpretative  rules.
Launch 2003, completed 2004

Simplification of existing waste legislation

Revision  for  simplification  of  air  legislation  based  on  Framework
Directive 96/62/EC, following the Commission’s communication on
clean air (COM(2001)245), completion planned for 2005.

28

Annex 3 :

Legislative proposals with simplification implications
already adopted by the Commission
and pending before the other institutions

Regulatory area

Subject of the project

Automotive 
(ENTR)

products

Detergents

(ENTR)

Drug precursors

(ENTR)

Electrical equipment

(ENTR)

Fertilisers

(ENTR)

Food safety

(SANCO)

Road transport

(TREN)

Recast of Directive 71/127/EEC relating to rear-view mirrors
(COM(2001)811  of  7/1/2002)  and  of  Directive  74/150/EEC
relating  to  type  approval  of  wheeled  agricultural  to  forestry
tractors (COM(2002)6 of 16/1/2202

New  regulation  COM(2002)485  of  4/9/2002  replacing  and
modernising 5 older directives

New regulation (COM(2002)494 of 10/9/2002) replacing  and
modernising 3 older directives and 2 older regulations.

Simplification of the Electromagnetic Compatibility Directive
(89/336/EEC) following a SLIM review – COM(2002)759 of
23/12/2002

New  regulation  COM(2001)508  and  COM(2002)318  of
14/9/2001  to  replace  and  modernise  18  older  directives
following a SLIM review

- Four new Regulations and one Directive (COM(2000)438 of
14/7/2000)  to  replace  and  simplify  existing  17  Directives  on
the hygiene of food

- Recast of the rules on the official controls on feed and food
(to be adopted by the Commission in Feb 2003)

- Recast and simplification of the legislation on  additives for
animal feed (COM(2001)153 of 22/3/2002

New  Regulation  (COM(2001)573)  replacing  and  simplifying
Regulation EEC 3820/85 on driving conditions

29

Energy

(TREN)

Energy

(TREN)

Social security

(EMPL)

Public 
(MARKT)

Proposals concerning coordinated measures on the security of
energy supply (COM(2002)488 final)

Amended proposals  concerning rules for the internal markets
in electricity and natural gas (COM(2002)304 final)

New Regulation to replace and recast Regulations 1408/7 and
574/72  on  the  co-ordination  of  social  security  schemes,
following a SLIM review

procurement

Recast  of  current  5  old  Directives  into  2  new  Directives
(COM(2000)275  and  276  of  30  and  31/8/2000)  on  classic
sectors and utilities.

Professional  qualifications
(MARKT)

Recast  proposal  COM(2002)  119  of  7/3/2002  to  replace  35
existing measures by one, following a SLIM review

Company law

(MARKT)

Simplification  of  rules  in  First  Company  Law  Directive
adopted  (COM(2002)  279  of  3.6.2002),  following  a  SLIM
review

30