Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions - First report on the implementation of the Framework Action: "Updating and simplifying the Community acquis" {SEC(2003) 1085}
Date: 2003-10-24
Institutions: European Commission
Subjects: Community acquis, drafting of EU law, report, simplification of legislation

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 24.10.2003
COM(2003) 623 final

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

FIRST REPORT ON THE IMPLEMENTATION OF THE FRAMEWORK ACTION
“UPDATING AND SIMPLIFYING THE COMMUNITY ACQUIS”

{SEC(2003) 1085}

TABLE OF CONTENTS

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

1.

Simplifying the acquis ................................................................................................. 6

1.1.

Phase I .......................................................................................................................... 7

1.1.1.

Indicators for prioritisation .......................................................................................... 7

1.1.2.

Progress on sector screening ........................................................................................ 8

1.1.3.

Specific candidates for simplification........................................................................ 10

1.1.4. Assessment of progress .............................................................................................. 13

1.2.

Phase II....................................................................................................................... 14

1.2.1.

Indicators.................................................................................................................... 14

1.2.2.

Policy sector screening............................................................................................... 14

1.2.3. Work on specific candidates for simplification ......................................................... 15

2.

2.1.

2.2.

Up-dating and reducing the volume of the acquis ..................................................... 16

Consolidation ............................................................................................................. 16

Codification................................................................................................................ 16

2.2.1.

Phase I ........................................................................................................................ 17

2.2.2.

Phase II....................................................................................................................... 17

2.3.

Repeal and declaration of obsolescence..................................................................... 18

2.3.1.

Phase I ........................................................................................................................ 18

2.3.2.

Phase II....................................................................................................................... 20

3.

3.1.

3.2.

4.

4.1.

4.2.

5.

Organisation and presentation of the acquis .............................................................. 21

Planned work.............................................................................................................. 21

Progress realised ........................................................................................................ 21

Transparent and effective implementation................................................................. 22

The scoreboard ........................................................................................................... 22

Inter institutional co-operation................................................................................... 23

Conclusion ................................................................................................................. 23

ANNEX 1: Scoreboard

The Commission Staff Working Document (SEC(2003)1085), accompanying the
present Communication, provides detailed information on Commission work on
simplification.

2

EXECUTIVE SUMMARY

The present Communication is the first interim report on implementation of the Framework for
Action launched in February 2003 on “Updating and simplifying  the Community acquis”.  This
initiative  implements  one  of  the  actions  of  its  “Better  Regulation”  initiative  of  June  2002  and
aims  to  secure  a  clear,  understandable,  up-to-date  and  user-friendly  body  of  secondary
Community  law  and  responds  also  to  the  objective  to  improve  the  regulatory  environment  in
which  business  operate  to  enhance  competitiveness  as  one  of  the  goal  set  out  in  the  Lisbon
strategy.

Overall, the key actions of reducing the volume of legislation, making it simpler and of making it
more  accessible  and  meaningful  are  well  underway,  building  on  the  Framework  for  Action
launched in February 2003 and earlier initiatives:

(cid:1)  A horizontal policy for legislative simplification is emerging. Commission services are now
screening  nearly  20  policy  sectors  for  simplification  potential  which  could  result  in  future
simplification  proposals  for  Parliament  and  Council.  Around  170  directives  and  regulations
have  already  been  identified  as  confirmed  or  potential  candidates  for  simplification  and  are
currently under active examination by the Commission services. Of 23 planned simplification
proposals  for  Phase  I  (February  -  September  2003),  14  have  been  adopted  and  4  more  are
planned  before  the  end  of  2003.  4  additional  simplification  proposals  have  been  adopted  in
Phase I although not included in the February engagement.

(cid:1)  A  vast  programme  of  consolidation  was  launched  in  1996  and  completed  in  June  2003  as

planned.

(cid:1)  The  even  more  demanding  codification  programme  launched  in  November  2001  is  now  at
cruising speed and is set, despite significant obstacles, to be completed by the end of 2005 as
planned.  During  Phase  I  the  Commission  adopted  7  codified  Commission  acts  and  15
proposals for codified acts to be adopted by the European Parliament and the Council. During
Phase II (October 2003-March 2004) it plans to adopt or propose some 150 codifications.
(cid:1)  The  reinforced  efforts  to  remove  obsolete  legislation  through  formal  repeal  or  by  an
additional  instrument  of  “declaration  of  obsolescence”  is  beginning  to  give  concrete  results,
although  delays  have  occurred:  Phase  I  efforts  should  shortly  result  in  elimination  of  30
obsolete  legal  acts  and  some  600  more  are  under  consideration  and  could  in  part  be
implemented during Phase II.

(cid:1)  The initiative to develop a more reliable and user-friendly organisation and presentation of
Community  law  is  being  taken  forward.  Measures  to  offer  a  more  user-friendly  access  to
consult and use Community law will be enacted before the end of 2003. Subsequent measures
include  a  more  focused  presentation  of  the  secondary  legislation  actually  in  force  and  of
general applicability.

The  Commission  also  reports  on  important  obstacles  in  implementing  the  above  actions,  in
particular for simplification and codification work. However, the Commission is satisfied that the
process launched in February 2003 is set to continue  to  produce  benefits  for  citizens  and  other
users  of  Community  legislation  in  the  future.  The  Commission  welcomes  that  the  February
Framework  for  Action  is  confirmed  as  the  first  global  and  coherent  initiative  for  a  policy  of

3

maintenance  of  Community  legislation.  It  is  particularly  encouraging  that  efforts  are  not
concentrated in a few ‘stakeholder’ sectors but cover a wide range of policy areas.

4

“UPDATING AND SIMPLIFYING THE COMMUNITY ACQUIS”
FIRST REPORT
ON THE IMPLEMENTATION OF THE FRAMEWORK FOR ACTION

In  the  context  of  its  “Better  Regulation”  initiative  of  June  2002,  the  Commission  proposed  in
February  2003  a  policy  for  “Updating  and  simplifying  the  Community  acquis”1,  aimed  at
securing a  clear,  understandable, up-to-date  and user-friendly body of EC secondary law to the
benefit of citizens, economic operators, public administrations etc.

The  Commission’s  Communication  set  out  a  framework  for  action  to  up-date  and  simplify
Community  legislation  through  six  lines  of  action  (simplification,  consolidation,  codification,
repeal, obsolescence and organisation & presentation of the acquis). Most of the key actions were
envisaged to be implemented through 3 phases:

(cid:1)  Phase I: February 2003 - September 2003
(cid:1)  Phase II: October 2003 - March 2004
(cid:1)  Phase III: April 2004 - December 2004

The  present  report  responds  to  the  Commission’s  commitment  for  regular  reporting  on
implementation  of  the  framework  for  action2.  This  first  report  covers  the  implementation  of
Phase  I  and  the  envisaged  work  for  Phase  II.  It  focuses  on  progress  in  the  Commission’s
implementation  of  the  framework  for  action  and  presents  a  scoreboard.  The  Commission  will
again report on implementation and  planned work  in April  and  by  the  end  of  2004.  The  report
covers  the  broad  objectives  of  the  February  Communication  which  can  be  summarised  as
follows:

(cid:1)  Simplification:  The  first  objective  is  to  simplify,  wherever  possible,  existing  secondary
legislation 3. This action aims to start a process of modernisation and simplification of existing
legislation  and  policies  –  not  to  deregulate  or  cut  back  the  acquis  but  to  replace,  when
possible,  past  approaches  with  better  adapted  regulatory  instruments.  Simplification  is  to  be
understood  in  a  wide  sense,  covering  modification  of  legislation  to  apply  more  efficient  or
proportional  legal  instruments,  but  also  simplification  of  the  substance  of  our  policies  while
preserving the their essential elements.

(cid:1)  Up-dating and reducing the volume of Community legislation: The second broad objective is
to up-date and reduce the volume of Community legislation. This is pursued through a series
of  actions  which  will  not  change  the  current  law  as  such:  the  consolidation  of  the  existing

1

2

3

COM (2003) 71 of 11 February 2003.
The Commission will report more comprehensively on implementation of the Better Regulation Action Plan
by the end of the year.
The framework for action launched by the Commission on the 11 February 2003 (COM(2003) 71) defined
the target acquis for the planned actions to be all secondary legally binding acts. At the end of 2002, this
secondary legislation represented a volume of approximately 14.500 legal acts and some  97.000  pages  of
the Official Journal. This definition of the Community acquis includes regulations, directives and decisions
(both of the type Entscheidung, i.e. binding decisions adopted normally by the Commission and rarely by
the Council and addressed to one or several specific addressees, or of the type Beschluss, i.e. decisions that
are not addressed to one or more specific addressees) within the meaning of Article 249 TEC.

5

                                                
acquis; the on-going codification initiative; and the removal of obsolete legislation through
formal repeal or by an additional instrument of “declaration of obsolescence”.

(cid:1)  Organisation and presentation of the Community Acquis: Thirdly, the Commission proposed
to  develop  a  more  reliable  and  user-friendly  presentation  and  access  to  consult  and  use
Community law, in particular the “active and generally applicable acquis”  which  consists  of
the secondary legislation actually in force and of general applicability.

(cid:1)  Transparent and effective implementation: Finally, the Commission’s Framework for Action
aims at providing a coherent framework for all Community action and to provide the technical
and  political  focus  required  to  obtain  concrete  results.  The  Commission  agreed  an  inter-
institutional agreement on better regulation with the Council and the European Parliament in
June 2003 which is set to be formally adopted by the three institutions in autumn. Following
the engagement taken in the February Communication, the Commission presents a scoreboard
with  information  on  the  progress  made  with  regard  to  the  simplification,  codification  and
repeals & declarations of obsolescence.

1.

SIMPLIFYING THE ACQUIS

In the February Communication, the Commission defined simplification broadly. 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  approach  is
neutral to 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 cases, it may
be necessary to adapt or entirely rethink the legislative approach.

With the February Communication, the Commission launched a broad simplification programme
to  be  taken  forward  in  three  phases.  This  simplification  programme  intends  to  reinforce  the
political impetus to achieve simplification and builds on the following key steps:

(cid:1)  first,  the  development  of  prioritisation  indicators  to  help  select  sectors  where  simplification

appears particularly relevant;

(cid:1)  second,  based  on  these  priority  indicators,  the  Commission  selects  policy  sectors  to  be
screened  for  simplification  potential.  This  screening  may  result  in  identification  of  specific
legislative acts as candidates for simplification;

(cid:1)  third, legal acts identified as candidates for possible simplification are examined in detail and
concrete  simplification  proposals  are  developed,  using  best  practice  methodology  and
procedures, in order to arrive at formal Commission proposals for simplification.

The  simplification  process  is  long-term  work  which  requires  careful  planning  and  important
resources.  When 
initiative,  some  Commission
departments already had simplification work underway (with SLIM and BEST for example). The
methodology launched in February was not intended to stop and re-design all simplification work
already underway within the Commission. Nor was it the Commission’s intention to subject all

the  Commission 

its  February 

launched 

6

work to the  cycle  of the 3 phases. Rather,  the intention  was  encourage  and  facilitate  additional
simplification work through  a new methodology  and  to  take stock of progress  according  to  the
three phases, even if some work will continue into 2005 or 2006.

1.1.

Phase I

1.1.1.

Indicators for prioritisation

In  the  February  Communication,  the  Commission  set  out  a  preliminary  list  of  8  prioritisation
indicators4  to  guide  the  Commission  and  its  services  to  set  priorities  for  efforts  towards
simplification of Community legislation.

The Commission specifically invited Council and Parliament to give their views on the proposed
indicators for prioritisation. However, neither Parliament nor Council have yet given their views
as  institutions  on  the  proposed  indicators.  One  Member  State,  Denmark,  submitted  an  official
contribution in June 2003 which welcomes the indicators proposed by the Commission although
it also proposes to make the indicators more specific and structured.

Moreover,  the  Commission  launched,  in  accordance  with  the  general  principles  and  minimum
standards  for  consultation  of  interested  parties5,  a  public  consultation6  on  the  February  2003

4

5

6

A: Importance of a particular policy area, assessed through two specific indicators:
1) The policy areas’ relative importance within the European economy and the EU Internal Market in terms
of growth, competitiveness and jobs; 2) 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.
B: Where there are indications of potential problems with existing legislation:
3)  where  there  are  difficulties  in  implementing  the  legislation  because  of  successive  amendments,
overlapping  or  conflicting  requirements  and  potential  legal  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;  4)  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; 5)
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.
C: Where new political initiatives or evolving regulatory practices may justify legislative update and
consequently an opportunity to simplify the acquis:
6) where the application of horizontal initiatives (sustainable development, environmental concerns; safety;
fundamental rights, etc.) require updating and amendment in respect of a particular sector; 7)  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;  8)  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
acts.
Communication  “General  principles  and  minimum  standards  for  consultation  of  interested  parties  by  the
Commission” COM(2002) 704 of 11 December 2002.
Via 
http://europa.eu.int/yourvoice/

Interactive  Policy  Making 

consultation  website:

the  Commission’s 

on-line 

(IPM) 

7

                                                
Communication  in  order  to  enable  stakeholders  to  give  their  opinion  on  the  proposed
prioritisation  criteria  as  well  as  their  views  and  priorities  on  policy  sectors  in  need  of
simplification.  The  public  consultation  ended  in  June  and  provided  100  responses  to  a  detailed
questionnaire  asking  interested  parties  to  comment  on  prioritisation  indicators  and  the  policy
sectors  where  simplification  is  needed.  78  contributions  came  from  citizens,  11  from
representative  organisations.  Business  and  public  administrations  gave  very  little  response.
Although  hardly  representative,  the  public  consultation,  largely  confirmed  the  indicators
proposed by the Commission.

The  contributions  received  so  far  broadly  confirm  the  proposed  methodology,  in  particular  the
proposed indicators for prioritisation. The Commission is therefore not revising the indicators at
this stage.

1.1.2.

Progress on sector screening

Based  on  the  indicators  proposed  in  the  February  2003  Communication,  the  Commission
immediately  identified  19  policy  sectors  to  be  screened  for  simplification  potential7.  During
Phase  I,  the  screening  has  been  taken  forward  and,  in  the  case  of  14  sectors,  the  screening
exercise  has  now  been  completed  and  no  further  screening  is  envisaged  in  these  sectors  up  to
end-2004. During Phase I, Commission services also completed screening of 2 additional policy
sectors (chemicals and regional policy), although not announced in COM (2003) 71.

All  completed  screening  exercises  have  resulted  in  work  towards  specific  proposals  for
simplification.  The  following  table  provides  a  summary  of  progress  in  the  screening  of  policy
sectors8:

Phase I: Summary on progress of policy sectors screening

(cid:1)  Policy sectors identified for screening in COM(2003)71:

Industrial products: Motor  Vehicles 

type-approval  system,  Marketing  authorisation  for

medicinal products, Processed agricultural products.

Screening of the very voluminous legislation concerning the motor vehicle type approval system was launched in
Phase I to identify legal acts to be subject to the first  stage of this simplification  programme,  i.e.  codification  and
recasting  (which  has  in  some  cases  already  started).  For  marketing  authorisation  for  medicinal  products,  the
recasting of existing codified legislation started during Phase I in the framework of the review of the pharmaceutical
legislation  launched  in  2001.  Screening  of  legislation  on  processed  agricultural  products  has  resulted  in
identification  of  3  Commission  regulations  to  be  simplified  (Regulations  (EC)  1520/2000,  3223/93  and  (EEC)
3615/92).

Agriculture:

CAP  reform  -  a  long  term  perspective  for  sustainable  agriculture,
Implementing  rules  in  the  rural  policy  sector,  State  aids  exemption
regulations

7

8

Policy sectors are not defined uniformly but can represent varying volumes of legislation, see SEC (2003)
1085
See SEC (2003)1085 Table 1 for details.

8

                                                
The Council adopted a political compromise on CAP reform in June. Many features of this reform will produce a
more  efficient  and  simpler  agricultural  policy  in  the  longer  term,  which  will  be  more  effective  in  supporting  the
farming industry. Concerning the implementing rules for rural development, a concrete package of measures has
been adopted by the Commission. As regards State aids exemption regulations, a draft block exemption regulation
has been adopted by the Commission on 19 February 2003, discussed  with  Member  States,  on  20  June  2003,  and
published in the OJ (OJ C 194, 15.8.2003) for comments from third parties.After a second consultation of Member
States, the Commission intends to adopt the final text by the end of 2003 and to make it applicable by January 2004.

Health & food safety: Feed materials and compound feeds, Food contact materials, Novel foods

The  screening  of  this  sector  has  lead  to  identification  of  the  following  simplification  initiatives:  recast  and
modernisation  of  regulations  on  feed  materials  and  compound  feedingstuffs  by  the  recast  and  merging  of  the
Directives  79/373/EEC  and  96/25/EC;  recast  for  modernisation  of  the  framework  on  food  contact  materials
(directives  80/590/EEC  and  89/109/EEC)  and  on  plastic  materials  to  harmonise  and  simplify  procedures;  and  the
recast for modernisation of Regulation 258/1997on novel foods.

Taxation and Customs:

Capital duty directive

Commission  services have identified the Capital duty  directive  as  a  possible  candidate  for  simplification.  A  first
round  of  discussions  with  experts  from  Member  States  took  place  in  April  this  year.  Further  discussion  will  take
place during October and November. A first draft proposal for simplification is foreseen for the first half of 2004.

Empl. & social affairs:

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

The  screening  of  legislation  on  health  and  safety  at  work  place  is  well  under  way  and  the  adoption  of  a
Commission report in this respect is foreseen for October 2003. The report may identify the need to revise, update or
simplify existing provisions. The legislation for equal treatment between women and man, which is also subject to
the new extensive impact assessment tool, is proceeding. A draft options paper has been published and has been put
on internet for public consultation.

Drugs:

European Monitoring Centre for Drugs

A  screening  exercise  has  been  done  for  the  Regulation  302/93  concerning  the  European  Monitoring  Centre  for
Drugs.

Competition:

Implementation rules on Merger Regulation,  Implementation rules
on Antitrust Regulation, State Aids procedures and rules

As to the implementation rules on the Merger Regulation, DG COMP is in the process of preparing interpretative
acts  (Commission  Notices)  to  the  proposed  Council  Regulation  recasting  Regulation  (EEC)  No  4064/89.  The
screening exercise regarding the implementation rules on the Antitrust Regulation resulted in the identification of
those  acts  that  will  be  repealed  and  those  that  will  be  replaced  by  other  acts  implementing  or  facilitating  the
application  of  Council  Regulation  1/2003  on  the  implementation  of  Articles  81  and  82  EC.  The  adoption  by  the
Commission  of  the  replacing  acts  early  2004  will  complete  the  screening  exercise.  With  regard  to  State  Aids
procedures and rules, a detailed screening was implemented to identify scope for simplification and elimination of
obsolete policy documents.

Environment:

Waste legislation, Air quality legislation

9

Internal Commission Communication on the simplification, clarification, co-ordination and flexibility in the
management of the structural policies 2000-2006, C (2003) 1255 of 25 April 2003.

9

                                                                                                                                                             
The  Commission  launched  via  a  Communication  (COM(2003)301)  a  consultation  of  institutions  and  interested
parties  to  develop  a  coherent  policy  on  the  prevention  and  the  recycling  of  waste.  A  thematic  strategy  will  be
adopted  in  2004  and  will  imply  the  simplification  of  existing  legislation.  New  legislative  proposals  will  be  put
forward in the framework of the new thematic strategy, but not before 2005. Concerning Air Quality legislation, the
Commission  adopted  a  Communication  on  Clean  Air  for  Europe  (COM  (2001)  245)  and  in  this  context  the
Framework directive 96/62 has been identified for simplification potential.

European contract law:

Common Frame of Reference

Review is underway of the existing acquis contained in some 15 sectoral directives. The process foresees two stages:
(1) Elaboration of a Common Frame of Reference (CFR)  with definitions of basic concepts to be used (2) when
reviewing existing acquis and preparing new proposals.

(cid:1)  Additional policy sectors (not announced in COM(2003)71):

Structural policy:

Management of the structural funds

Although not announced at the outset of Phase I work, the Commission completed a screening of the regional policy
with the adoption of an internal document on the simplification of the procedures concerning the  management of
the structural funds9. In the framework of this initiative, the Commission already adopted Regulation 1145/2003 of
27 July 2003 modifying Regulation 1685/2000 simplifying part of the legislation in the field of management of the
structural policies.

Industrial products:

Chemicals

During Phase I, the Commission also completed a screening and review of chemicals legislation with the adoption
of  the  White  Paper  “Strategy  for  a  future  Chemicals  policy”  of  27.2.2001  (COM  (2001)  88).  A  proposal  for  a
regulation setting up the new legislation on chemicals is planned to be adopted by the Commission before the end of
2003.

1.1.3.

Specific candidates for simplification

With the February  Communication,  the  Commission  clarified  that  a  very  significant  amount  of
concrete  simplification  work  is  actively  underway  within  Commission  services.  Thus,  the
February Communication identified around 140 directives, 30 regulations and a small number of
decisions  as  confirmed  or  potential  candidates  for  simplification10.  Moreover,  this  effort  is  not
concentrated in a few ‘stakeholder’ sectors but covers a wide range of policy areas.

The  bulk  of  simplification  work  is  underway  with  target  dates  for  finalisation  beyond  Phase  I.
Specifically for Phase I, the Commission took the engagement to adopt 23 formal proposals with
simplification  implications.  By  the  end  of  Phase  I,  14  of  these  have  been  adopted  while  4
additional initiatives with simplification implications, not included in the February commitments,
have also been adopted. 8 initiatives programmed for Phase I were postponed (of which 4 are still

10

The majority of which are initially under a codification process in view of a future simplification relate to
the automotive sector.

10

                                                
expected to be adopted in 2003) and one planned simplification initiative was abandoned. Status
of this work is reported in the following table11.

11

See SEC (2003) 1085, Table 2 for details.

11

                                                
Phase I: Summary on preparation of simplification proposals 12

(cid:1)  Adoption of 14 proposals:

Directive 70/156 relating to type approval of motor vehicles and their trailes; Sixth VAT Directive, COM (2003) 397
13;  Regulation  541/95  and  542/95  on  marketing  authorisation  of  medicinal  product;  Regulation  445/2003
implementing  rules  in  the  rural  policy  sector;  Common  Market  Organisation  for  fresh  fruit  and  vegetables;
Regulation 613/91 on the registration of ships; Directive 92/42 concerning on the energetic efficiency of apparatus;
Directives concerning pesticides in plant protection (Directives 76/895, 86/362, 86/363, 90/642 and 91/414); Council
Merger  Regulation  4064/89;  Commission  Implementing  Regulation  on  Antitrust  (27/62);  Implementing  and
interpretative rules related to Antitrust regulation 27/62 (adoption of a number of draft notices); Decisions 94/3 and
94/904  related  to  waste  list  and  procedures;  Regulation  259/93  concerning  the  transfer  of  waste;  Common
Agricultural Policy - State aids exemption regulations.

(cid:1)  Adoption of 4 additional simplification initiatives that were not announced in COM(2003)71:

Regulation  1145/2003  simplifying  the  legislation  in  the  field  of  management  of  the  structural  policies;  two
regulations concerning technical control measures for fishing activities in the area covered by the Convention on the
conservation of Antarctic marine living resources (CCAMLR);  simplification proposals for the processed fruit and
vegetables sector were adopted at the end of July (Regulation 1535/2003)

(cid:1)  Postponement of 8 planned initiatives (in the first 4 cases, the postponement implies less than

6 month delay as adoption is planned by the end of 2003):

;  Regulations  2299/89,  3089/93  and  323/99  on  the  reservation  system  in  air  transport;  Regulation  302/93  on  the
European Monitoring Centre for Drugs; State Aids procedures and rules; Directives on equal treatment between men
and women; Pre-packaging legislation (Directives 75/106, 76/211 and 232) will not be adopted by the end of 2003
but  by  February  2004  (Phase  II);  Regulations  2407/92,  2408/92  and  2409/92  on  the  functioning  of  the  aviation
market; New directive on driving licences (replacing 6 older acts); Directive 96/67 on access to the ground handling
market in Community airports.

(cid:1)  Cancellation of 1 planned initiative:

The  planned  simplification  initiative  concerning  Directive  88/599  on  road  and  transport  procedures  has  been
cancelled.

12

13

In  this  table,  the  calculation  of  postponements  and  cancellations  concerns  only  those  simplification
initiatives, for which the Commission’s Work Programme had announced adoption of final proposals during
Phase  I.  Thus,  it  does  not  account  for  simplification  work  with  later  target  dates.  The  planned  initiative
concerning  the  simplification  of  Directive  88/378  on  the  safety  of  toys  constitutes  a  special  case:  it  was
announced  in  the  February  Communication  for  finalisation  in  2003  but  this  initiative  has  been  removed
from the Commission Legislative and Work Programme for 2003 (CLWP). As  no precise target date  was
indicated,  it  has  not  been  counted  as  a  postponement  of  planned  Phase  I  initiatives.  The  planned
simplification initiatives for the Common Market Organisations for the tobacco and cotton sectors also
present special cases (proposals have been already announced in the CLWP 2003 and COM (2003) 71): the
Commission adopted on the 23rd September a Communication containing policy options for the reform of
these  sectors  (as  well  as  for  the  olive  oil  and  the  sugar  sectors).  The  Commission  has  confirmed  that
simplification  proposals  will  be  made  following  the  discussion  of  this  policy  document  with  the  other
institutions during phase II of the present framework action.
The simplification of the 8th VAT directive mentioned in COM (2003) 71 is being discussed in the Council
on the basis of a Commission proposal already adopted in 1998 (COM (1998) 377) and for that reason it
should not be counted in the framework of the present action.

12

                                                
1.1.4.

Assessment of progress

The main objective pursued by the Commission is to achieve more simplification of Community
legislation. The Framework for Action set up a global and coherent framework with a common
methodology  to  give  to  the  simplification  process  political  impetus;  strong  commitment  by  all
Commission  departments,  visibility  to  citizens,  Council,  European  Parliament,  Member  States,
public  administrations  and  interested  parties.  The  results  of  the  first  6-7  months  of
implementation (Phase I) are mixed but not unsatisfactory.

The main positive result of this phase of implementation of the framework action is the fact the
most of the Commission departments in charge of significant parts of Community legislation are
working  actively  to  simplify  parts  of  the  Community  acquis14.  Moreover,  there  is  also  a  good
spread across policy sectors and departments.

This confirms a shared understanding of the importance of a coherent and transparent approach to
improving  the  quality  of  Community  legislation  and  a  common  methodology.  The  fact  that
Commission  departments  continue  to  identify  new  policy  sectors  to  be  screened  and  specific
candidate  acts  for  simplification,  even  if  not  part  of  prior  Commission  commitments,  is  very
encouraging  and  demonstrates  that  objectives  and  methodology  are  being  integrated  into  daily
Commission work.

However,  Commission  departments  are  also  facing  difficulties  in  implementing  this  new
methodology and it will take some time to be uniformly applied. The main reason is that it is the
first  time  that  the  Commission  has  undertaken  a  systematic  horizontal  screening  of  the
Community  acquis  to  identify  candidate  acts  for  simplification  with  the  application  of  specific
criteria for prioritising and subject to on-going monitoring in accordance with the 3 phases.

In particular, strict application of the prioritisation indicators and selection of policy sectors for
screening  has  proven  a  relatively  weak  point.  Although  work  is  progressing,  a  more  structured
and  consistent  application  of  the  methodology  set  out  in  February  would  have  been  desirable.
This  aspect  will  be  addressed  during  the  subsequent  phases  of  Commission  work.  However,  it
should  also  be  recognised  that  in  several  cases,  the  Commission  services  already  had
simplification work under way (mainly preparation of specific simplification proposals) and the
new methodology of the Framework for Action has sometimes been seen as more disruptive than
helpful for such services who were already actively preparing simplification.

Moreover,  it  has  proved  relatively  difficult  to  organise  the  rhythm  of  work  according  to  the
phased approach of the Framework for Action. Implementation and reporting in accordance with
the 3 phases has therefore proved to be difficult. The simplification work under way is, in most
cases, long-term work, consisting of different phases, involving consultation of stakeholders and
subject mainly to the Commission’s annual programming and implementation cycle.

14

From the outset, the following policy areas were involved: Enterprise policy, Transport and Energy, Health
and  Consumer  Protection,  Agriculture,  Taxation  and  Customs,  Competition;  Employment  and  Social
Affairs, Environment, Justice and  Home  Affairs.  Subsequently,  initiatives  have  been  launched  also  in  the
following policy areas: Regional Policies, Fishery, Education and Culture and Statistics.

13

                                                
1.2.

Phase II

1.2.1.

Indicators

Neither the Parliament, nor Council have taken the opportunity to comment on the prioritisation
indicators  proposed  in  February  2003.  As  the  other  comments  received  (see  above)  are  either
supportive  or  not  necessarily  representative,  the  Commission  sees  no  need  to  review  the
prioritisation indicators at this point in time. The Commission services will therefore continue to
apply the indicators set out in February for work during Phase II.

Nevertheless, the Commission reiterates its invitation to the other institutions and Member States
to contribute to the reflection on the indicators for prioritisation.

1.2.2.

Policy sector screening

Of  the  original  19  policy  sectors  identified  for  screening  in  the  February  Communication,  the
process has been completed for 14 sectors. For the remaining sectors, the screening will continue
into  Phase  II  (and  in  some  cases  beyond)15.  Although  the  methodology  and  procedures  of  the
Framework  for  Action  are  not  being  applied  as  systematically  as  could  be,  some  Commission
services  have  also  identified  additional  policy  sectors,  on  which  screening  for  simplification
potential is now being launched.

Phase II: New policy sectors for screening

(cid:1)  Agriculture :

Import quotas

The  Commission  is  currently  evaluating  the  management  of  agricultural  import  quotas  in  order  to  determine  the
potential for simplification. This work should be concluded during Phase II. The Commission is also developing a
computerised  system  for  management  of  agricultural  import  quotas.  This  system  will  both  improve  and  simplify
management of quotas for both the Commission and the national administrations. The development, validation and
implementation phase should conclude by July 2004, i.e. during Phase III.

(cid:1)  Fishery :

Fishery organisation in the context of NAFO

The Community legislation related to the North-west Atlantic Fisheries Organisation (NAFO) will be examined
in  view  of  the  preparation  of  a  framework  regulation  covering  all  aspects  of  fishing  activities  in  the  North-west
Atlantic that are actually regulated by several texts. The draft regulation will be presented during phase II

The  public  consultation  held  on  the  February  2003  Communication  gave  a  detailed  response
concerning the policy sectors where simplification is needed. The following policy sectors were
indicated (by percentage of respondents): Employment and Social Affairs come in the first place
(42%) followed by Economic and Financial Affairs, Health and Consumer Protection and Justice
and  Home  Affairs  (each  36%).  Agriculture,  Internal  Market  and  Taxation  are  also  considered
priority  sectors  (34%)  followed  by  Environment  (32%),  Competition  (30%),  Enterprise  (25%),
Energy  and  Transport  (23%)  and  Trade  (22%).  Although  the  public  consultation  cannot  be
considered as representative of all relevant interests, it largely confirms the priorities identified in
the Commission’s February 2003 Communication.

15

See SEC (2003)1085, Table 1 for details.

14

                                                
1.2.3. Work on specific candidates for simplification

As outlined above, the work launched in Phase I on specific simplification candidates was only in
part programmed to be completed during Phase I. During Phase II, the Commission will therefore
pursue the work, in particular to present the 8 proposals that have been delayed from Phase I.

In  addition,  the  Commission  is  planning  to  finalise  9  newly  identified  candidate  acts  for
simplification. In total, counting initiatives planned for Phase II (6 initiatives), postponed Phase I
initiatives and newly identified ones, 23 proposals for simplification of directives and regulations
are now planned to be adopted in Phase II.

Phase II: Summary of new specific candidate acts for simplification

(cid:1)  Industrial products: Chemicals

In the context of the implementation of the White Paper “Strategy for a future Chemicals policy” of 27.2.2001 (COM
(2001) 88), a proposal for setting up the new legislative framework on chemicals will be adopted by the Commission
in 2003 (repealing Directive 76/769/EEC).

(cid:1)  Agriculture:  Common  Market  Organisations  for  sugar,  hops,  processed  citrus  fruits,  and

Promotion of Agricultural Products

On 23rd September 2003, the Commission adopted a Communication containing policy options for the reform of the
tobacco, olive oil, cotton and sugar sectors16; a further Communication containing policy options for the hops sector
is  to  follow  soon.  It  is  expected  that  appropriate  legislative  proposals  will  be  made  in  due  course,  following
discussion of these documents in the other Institutions. It is also intended to make simplification proposals relating to
the processed citrus fruits sector.
Concerning the Promotion of Agricultural Products, the Commission will report to Council before the end of 2003
on  the  application  of  the  basic  Regulations.  It  is  expected  that  this  report  will  be  accompanied  by  proposals  for
modification, adaptation and simplification of the  Commission implementing  Regulations 2879/2000 and 94/2002,
which have undergone numerous changes and require consolidation.

(cid:1)  Internal Market: 2nd Company Law Directive

Although  most  of  the  horizontal  internal  market  legislation  has  already  been  simplified  (e.g. financial  services,
company  law,  professional  qualifications,  public  procurement)  thanks  to  work  which  predates  the  launch  of  the
Commission's February 2003 framework of action, the 2nd Company Law Directive has now been identified as a
candidate for simplification.

(cid:1)  Statistics: The “statistical law”

Ongoing revision of present legislation within Eurostat has focused on  simplification, applying a  general approach
with  a  view  to  identify  simpler  ways  to  regulate  current  provisions.  However,  additional  proposals  focusing
specifically on simplification have not been feasible due to lack of resources. A revision of the statistical law has
been initiated.

(cid:1)  Euratom:

16

Simplification proposals for the tobacco, olive oil and cotton sectors have been announced already in COM
(2003) 71 and in the Commission Legislative and Work Programme for 2003 and should not be counted as
new proposals for phase II.

15

                                                
The proposal is based on a SLIM report (fifth phase of the SLIM  initiative).  The  objective  is  to  introduce  a  more
comprehensive  and  simplified  (SLIM  recommendations)  administrative  arrangements  to  allow  Member  States  and
third countries to take appropriate measures in case of shipments of radioactive waste or substances.

(cid:1)  Audio-visual policy:

Television without frontiers directive

The Commission launched a consultation process on the Television without frontiers directive all interested parties
are  invited  to  submit  written  contributions  by  15  July  2003.  Based  on  the  results  of  this  public  consultation,  the
Commission  will publish, at the end of 2003, a communication on the  future of audio-visual policy,  together  with
proposals if appropriate. The simplification of the rules on advertising is under discussion.

Starting with the Commission’s Legislative and Work Program for 2004, the Commission will set
out its annual simplification priorities.

2.

UP-DATING AND REDUCING THE VOLUME OF THE ACQUIS

2.1.

Consolidation

Consolidation integrates in a single text the provisions of the original instrument together with all
subsequent  amendments  to  it.  Although  consolidation,  unlike  codification,  is  a  non-legislative
process  (i.e.  a  consolidation  does  not  have  formal  legal  effect),  the  coherent  incorporation  of
amendments into legislative texts brings benefits to citizens, administrations and business in the
form  of  a  more  accessible,  transparent  legislative  framework.  Moreover,  consolidation  has  the
advantage that no legal procedure is  necessary  and  that  the  cost  and  delay  of  publishing  in  the
Official Journal is avoided17. Consolidated texts are publicly available through EUR-Lex.

A vast programme aimed at consolidating all existing Community legislation, wherever possible,
has  been  undertake  by  OPOCE  since  1996  was  completed  as  planned  in  mid-2003.  This
represents  a  major  achievement  by  providing  a  more  accessible  and  transparent  legislative
framework.

Having  completed  the  consolidation  of  the  existing  acquis,  OPOCE  will  now  continue  to
automatically incorporate subsequent legislative changes to any text included in the acquis. This
isa  continuos  process  that  will  take  place  automatically  in  the  future.  The  Commission  will
closely  monitor  and  assist  in  the  process  to  ensure  that  citizens,  administrations  and  business
benefit from up-date information.

2.2.

Codification

The  Commission  launched  in  November  2001  a  large  programme  for  codification18  of  all
Community  secondary  legislation  which  should  be  completed  by  the  end  of  200519.  With  the

17

18

Some consolidations can, exceptionally, be published in the OJ (C series).
Legislative or official codification refers to the adoption of a new legal instrument, which is published the L
series  of  the  Official  Journal,  and  which  incorporates  and  repeals  the  previous  instruments  (i.e.  the  basic
instrument(s)  and  any  amending  instruments),  without  changing  their  substance.  Vertical  codification  is
where the new legal instrument incorporates the basic instrument and any amending instrument in a single
legal  instrument.  Horizontal  codification  is  where  the  new  legal  instrument  incorporates  a  number  of

16

                                                
February  2003  Communication,  this  programme  was  integrated  into  the  wider  Framework  for
Action on Up-date and Simplification of the Community acquis, providing for a more structured
programming and implementing of the codification programme in accordance with the 3 phases
and  applying,  where  possible,  prioritisation  according  to  the  indicators  set  out  for  the
Commission’s simplification work.

2.2.1.

Phase I

The  Commission  had  envisaged  to  propose/adopt20  217  codification  initiatives  during  Phase  I.
However,  only  7  codified  Commission  acts  have  been  adopted,  together  with  15  proposals  for
codification  of  EP/Council  acts21.  29  planned  codification  initiatives  have  been  abandoned
because the legislation in question has been repealed or is no longer in force. The codification of
166 acts has been suspended because they may either be repealed or amended in the near future.
The adoption of the bulk of the Phase II initiatives will be affected by the accession moratorium
referred to below. This result is less positive than the expectations for Phase I, as set out in the
February Communication.

Codification  has  encountered  several  difficulties.  Codification  involves  complex  preparatory
work (relying also on external contractors) which has, at times been in a precarious situation from
the point of view of Community budgets. Moreover, the codification programme requires major
organisational and resource allocations in OPOCE and the Commission (in particular in the Legal
Service, where a dedicated service has been established) which only became fully operational in
July  2002.  The  Commission  and  OPOCE  have  also  had  to  address  other  logistical  and  IT
obstacles, as well as the need to prepare codifications in nearly twice as many official language
versions as of accession in May 2004. In addition, normal legislative activity does not come to a
standstill  for  codification  and  delays  are  inevitable  where  a  new  amendment  is  to  be  adopted
which must then be incorporated into the codified text.

However,  this  delay  is  less  serious  in  a  longer  time  perspective.  The  budgetary,  logistical  and
technical obstacles appear to have been resolved and the entire system is now working at cruising
speed. This should ensure the continued production during Phase II of adoptions and proposals of
codifications. The result of this work will manifest itself as a very significant formal finalisation
of codification initiatives as of May 2004, provided the acquis is translated into the new official
languages in good time.

2.2.2.

Phase II

While  the  obstacles  encountered  in  earlier  phases  appear  to  have  been  overcome,  the  February
communication  also  recalled  that  enlargement  will  have  an  important  impact  on  the
implementation  of  the  codification  programme.  Thus,  the  formal  adoption  and  publication  of

parallel  basic  instruments  –  and  any  subsequent  amendments  –  in  a  single  instrument  covering  the  same
subject.
COM (2001) 645 of 21.11.2001.
For  acts  adopted  by  Council/Parliament,  the  Commission  presents  proposals  for  codification,  which
subsequently  require  formal  adoption  by  Council/Parliament  as  appropriate.  For  Commission  acts,  the
Commission alone adopts codifications.
See Annex 1.

19

20

21

17

                                                                                                                                                             
codified texts is suspended during the nine months preceding accession on 1 May 2004 in order
to leave the Community acquis stable during the transition phase towards enlargement.

The  difficulties  encountered  in  implementing  the  codification  work  has  led  to  a  revised
programming  for  the  subsequent  phases.  Finalising  the  backlog  from  Phase  I  significantly
reduces the number of additional codifications that can be finalised during Phase II. Thus, while
the February Communication envisaged finalisation of nearly 600 codification initiatives during
Phase  II,  the  delay  of  Phase  I  work  means  that  only  some  150  codifications  can  be  finalised
during Phase II (about 75 carry-overs from Phase I and 75 of the initiatives originally planned for
Phase II).

Given  this  outlook  and  the  importance  of  the  codification  programme  for  the  success  of  the
Framework  for  Action,  the  Commission  is  now  implementing  reinforced  monitoring  to  ensure
progress.  Despite  the  above  difficulties,  the  current  outlook  and  programming  implies  that  the
Commission  is  expecting  to  have  adopted/proposed  in  total  some  170  codifications  during
February  2003  –  April  2004  (currently  124  codifications  have  been  completed  by  the  Legal
Service and are progressing through the legislative procedure).

Concerning  codification  proposals  to  be  adopted  by  Council  and  Parliament  together,  the
interruption of Parliament’s work due to elections in mid-2004 will further delay final adoption
of some codifications.

2.3.

Repeal and declaration of obsolescence

An  important  contribution  to  the  cleaning  up  and  reduction  of  the  volume  of  the  Community
acquis is envisaged to come through repeals and so-called declaration of obsolescence22.

The Framework for Action adopted by the College in February 2003 set out a phased approach to
repeals  and  obsolescence;  at  the  beginning  of  each  phase,  chef-de-file  services  identify  and
announce  candidate  acts for  repeal  or declaration of obsolescence.  Candidates  are  subsequently
verified by the Legal Service before formal action is taken. This process was envisaged to play
out  in  3  phases,  with  candidate  acts  being  announced  at  the  beginning  of  each  phase  and
confirmed by the end of it.

2.3.1.

Phase I

In its February Communication, the Commission identified 582 legal acts as candidates for either
repeal  or  declaration  of  obsolescence23.  A  listing  of  these  acts  were  presented  in  a  separate
Commission  Staff  Working  Paper24.  In  the  first  Phase,  the  Commission  placed  emphasis  on
autonomous  acts  but  also  identified  Council  and  Parliament  acts  as  candidates  for  repeal  and
declaration  of  obsolescence  and  announced  its  intention  to  propose  action  to  Parliament  and
Council.

22

23

24

Repeal  consists  of  terminating,  through  a  separate  new  legal  act,  the  validity  of  a  legal  act  and  thus
removing it from the body of legislation in force. Declaration of obsolescence does not of itself imply the
removal  of  the  legal  act  but  a  declaration  that  it  has  exhausted  its  legal  effects  or  is  for  some  reason  no
longer applied (this fact being indicated in CELEX).
See Annex 1 (scoreboard).
SEC (2003) 165, pp. 77 - 124.

18

                                                
To  illustrate  the  significance  of  this,  it  is  recalled  that  the  volume  of  Community  secondary
legislation within the meaning of Article 249 stood at 14.153 legal acts25 by the end of 2002. The
582 candidate acts identified for Phase I thus amount to approximately 4% of the acquis in force
by  the  end  of  2002.  Of  these,  106  represented  Council/Parliament  acts  which  require  a
Commission proposal to the legislator(s).

In  February  2003,  five  Commission  services  announced  planned  work  for  Phase  I.  The  vast
majority  of  planned  work  (more  than  90%)  was  announced  by  only  two  Commission  services
responsible for agriculture and health & consumer protection. This concentration of work partly
reflects  the  very  important  volumes  of  legislation  that  exists  in  these  policy  areas.  However,  it
should  also  be  noted  that,  when  launching  the  exercise  in  February  2003,  the  Commission
initially concentrated its efforts in a few key policy areas with the most promising potential while
similar exercises in other policy areas were envisaged to take place in subsequent phases.

For Phase  I, it is clear  that  the  results  obtained  are  far  from  those  envisaged  at  the  outset.  The
summary statistics presented in the scoreboard26 demonstrate that only a limited number of these
were  finalised  during  Phase  I  (13  Commission  acts  have  in  fact  been  repealed  or  declared
obsolete during Phase and 17 proposals for repeal of legislative acts have been presented).

Thus,  work  continues  on  the  original  set  of  candidate  acts  and  it  appears  that  a  majority  are
confirmed or likely to be confirmed as acts suitable for repeal/obsolescence, although others are
likely  to  be  withdrawn  from  the  exercise.  On  the  other  hand,  services  have  also  identified
additional  candidates  that  are  now  under  examination.  As  an  additional  side  benefit  from  the
work of the Commission services to identify acts likely to be repealed or declared obsolete, it has
been possible to update, in a very significant number of cases, the indication of end-of-validity of
legal acts listed in CELEX.

The Commission services have encountered different types of obstacles both in planning and in
executing  repeals  and  declarations  of  obsolescence.  Apart  from  the  need  for  a  careful  legal
examination of each individual case, these include:

(cid:1)  The quality  of identified  candidates: For operational services, screening  for  candidates  for
repeal  and  obsolescence  is  a  novel  approach,  for  which  the  organisational  framework  and
working  methods  are  not  always  in  place.  Moreover,  the  legal  and  logistical  support  to
operational  services  for  programming  and  identification  of  candidate  acts  has  proved  to  be
insufficient. Such problems have contributed to slowing down progress during phase I and to a
relatively high percentage of aborted  candidates.  Measures  are  now  being  taken  to  reinforce
the support and guidance from horizontal co-ordination services to operational services.

(cid:1)  Need  for  involving  comitology  committees:  Although  most  candidate  acts  for  repeal  and
obsolescence  are  Commission  acts, 
they  were  originally  adopted  under  delegated
implementing powers (so-called “comitology”). Repealing or declaring obsolescent such acts
therefore  also  requires  prior  consultation  of  Member  States.  Due  to  the  many  policy  sectors

25

26

This volume was estimated by OPOCE in December 2002 on the basis of CELEX (see SEC(2003) 165, p.
11).
See Annex 1.

19

                                                
involved, services have been obliged to consult either a significant number of  committees or
organise special joint sessions of several committees for the purpose.

(cid:1)  Scope  of  application  for  declaration  of  obsolescence:  Legal  difficulties  have  been
encountered  in  delimiting  the  correct  use  of  repeal  and  declaration  of  obsolescence.  This
involves a complex assessment of the legal bases and validity case-by-case.

(cid:1)  Repeal  and  declaration  of  obsolescence  for  Council/Parliament  acts:  Commission
departments  have  focused  their  initial  efforts  on  identifying  candidates  for  repeal  and
declaration  of  obsolescence  among  Commission  acts.  Legislative  acts,  adopted  by  Council
(and in some cases with Parliament) have therefore been given second priority but proposals
for  repeal/declaration  of  obsolescence  should  be  forthcoming  in  Phase  II,  following  initial
contacts with these institutions on the appropriate procedures.

However, while the result in terms of completed repeals and declarations of obsolescence is far
from  the  original  objective  for  Phase  I,  technical  work  has  been  progressing  and  should
materialise in formal repeals and declaration of obsolescence during Phase II. Moreover, repeals
and  declarations  of  obsolescence  have  been  implemented  by  Commission  departments  during
Phase I even if these were not included in the original Phase I objectives.

2.3.2.

Phase II

The  volume  of  planned  repeals/declaration  of  obsolescence  during  Phase  II  is  important.  In
addition to candidates already identified at the start and during Phase I, some 180 new candidate
acts have been identified.

Phase II: Planned work on repeal and declaration of obsolescence

Carry-overs 
Phase I

from

New candidates

Agriculture

33 +

Not yet determined

Health and Consumer Protection

334

Enterprise

Environment

Transport & Energy

Not applicable (N/A)

4

20 acts (both
Commission and
Council/EP acts)

0

0

0

27

Justice and Home Affairs

Competition

N/A

N/A

5 conventions and agreements

17  Commission  Communications  on
state aid

Total27

33 +

334

0

4

46

0

0

27

Counting only binding legal acts.

20

                                                
Trade

Information Society

Fisheries

Total26

N/A

N/A

N/A

109 acts

109

1  Council  act  and  2  Commission
Communications

1

52  Commission  acts  and  23  Council
acts

75

391 +

211

602+

At  the  outset  of  Phase  I,  4  Commission  services  presented  candidate  acts  for  repeal  and
obsolescence. While work will now continue in services who have leftover from Phase I, Phase II
is  also  characterised  by  a  broadening  of  the  range  of  services  participating  in  the  action.
Thus, 5 additional services are now participating in the efforts to eliminate obsolete legislation.

For  Phase  II,  some  Commission  services  have  turned  attention  to  acts  which  are  not  legally
binding. Although the thrust of the Framework for Action aims at binding secondary legislation
(in accordance with the definition of Article 249), other obsolete texts such as recommendations,
interpretative communications by the Commission etc. can also usefully be marked as repealed or
obsolete where appropriate. Therefore, the Commission has chosen, in the context of the present
exercise,  to  also  report  on  such  actions  but  in  a  way  that  allows  repeal/declaration  of
obsolescence of non-binding texts to be clearly identified separately from binding legislation.

3.

ORGANISATION AND PRESENTATION OF THE ACQUIS

3.1.

Planned work

In February 2003, the Commission announced that it intended to launch initiatives to improve the
organisation and presentation of the Community acquis to be implemented by the  end  of 2003.
These efforts are therefore not subject to the 3-phase approach retained for other actions such as
simplification and repeal/obsolescence.

The  announced  measures  focused  on  CELEX  and  EUR-Lex  (and  products  derived  from  these
such as the Directory of Legislation in Force), for which the Commission considered that there
was  a  need  to  improve  precision,  accessibility  and  user-friendliness.  It  was  envisaged  that
collaboration  between  the  institutions  could  be  taken  forward  through  a  dedicated  inter-
institutional task force (with  external advice)  to examine options  and  propose  initiatives  by  the
end  of  2003.  As  existing  collaboration  fora  may  suffice  to  obtain  immediate  results,  the
Commission  has  not  yet  taken  an  initiative  to  create  a  dedicated  inter-institutional  task-force.
This  could,  however,  become  relevant  at  a  later  stage  if  progress  through  existing  channels  is
insufficient.

3.2.

Progress realised

During  Phase  I,  Commission  services  and  OPOCE  have  examined  the  feasibility  of  various
measures that  could be taken  concerning CELEX and  the Directory of Legislation in Force. In
particular, action has been launched or is under preparation concerning:

21

(cid:1)  Errors and anomalies that exist in CELEX: The screening work that Commission services
are carrying out in order to identify candidates for repeal and declaration of obsolescence has
resulted in a significant reinforcement of corrections to CELEX, in particular concerning the
information on whether legal acts remain valid and in force.

(cid:1)  Statistical  and  other  summary  information  concerning  secondary  legislation:  Statistical
and summary information can be very useful for defining the measures required to implement
the  Framework  for  Action  and  for  monitoring  progress  in  achieving  its  objectives.  It  is
possible  to  obtain  from  CELEX  such  information  concerning  the  status  of  Community
legislation.  Commission  services  and  OPOCE  are  currently  working  to  exploit  these
possibilities more fully.

(cid:1)  Breakdown of secondary legislation across Commission services: Indication, for each act in
CELEX, of the responsible Commission service is crucial to ensure adequate maintenance and
up-date.  OPOCE  and  the  Commission  services  will  work  together  to  ensure  that  this
information be included in the near future.

(cid:1)  Simpler and more transparent presentation of applicable law: The Commission proposed
in its February Communication to offer the general public a more focused presentation of the
active  and  generally  applicable  acquis.  Legal  acts  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
by  means  of  specific  references  within  CELEX.  The  Commission  services  and  OPOCE  are
also currently examining the possibility of revising the Directory of legislation in force to limit
its scope to secondary legislation generally applicable. Given the  inter-institutional  nature of
the Directory, its revision would require an appropriate inter-institutional procedure.

During  autumn  2003,  Commission  services  will  continue  their  informal  contacts  with  OPOCE
and the other institutions.

4.

TRANSPARENT AND EFFECTIVE IMPLEMENTATION

In its February Communication, the Commission stressed the importance of a highly visible and
transparent process with continued political commitment and control.

4.1.

The scoreboard

For its own part, the Commission undertook a six-monthly review of progress, in addition to the
annual  planning  cycle.  The  present  Communication  responds  to  the  commitment  made  by  the
Commission  to  report  every  six  months  on  the  implementation  of  the  framework  for  action
launched with the February Communication. In particular, the Commission had committed itself
to present a scoreboard on progress in implementing the Framework for Action.

A first version of this scoreboard is presented in Annex 1. The purpose of such a scoreboard is
two-fold: first, it is an internal Commission management tool and, secondly, it is intended to keep
interested parties and the public informed about progress made.

22

The  scoreboard  presents  a  quantified  overview  of  planned  work  and  implementation  for  the
actions  of  repeal/obsolescence  and  codification.  It  will  be  published  regularly  on  the
Commission’s pages of the EUROPA server28 to provide a periodic overview of those parts of the
Commission actions on up-date and simplification that can be quantified.

Although  a  useful  tool,  it  should  be  recognised  that  summary  quantitative  information  such  as
presented in the scoreboard does not always provide the full picture of the progress being made
to achieve the objectives of the Framework for Action. For example, it is impossible to quantify
simplification work or improved user access to Community legislation in a meaningful way.

4.2.

Inter institutional co-operation

In its February 2003 Communication, the Commission stressed that simplifying and reducing the
volume  of  Community  legislation  requires  the  full  and  active  co-operation  of  the  European
Parliament  and  the  Council  for  this  initiative  to  succeed.  It  reiterated  that  an  inter-institutional
agreement  on  better  regulation  is  essential  for  progress  and  that,  once  adopted,  it  should  be
accompanied  by  a  genuine  effort  of  each  institution  and  Member  State  to  improve  internal
procedures and ensure adequate resources.

After approximately one year of negotiation, in June 2003 the European Parliament, the Council
and  the  Commission  concluded  an  Inter-institutional  Agreement  on  Better  Regulation.  The
agreement is set to be formally adopted by each of the institutions by the end of October 2003.

The  Commission  strongly  welcomes  this  broad  agreement.  Specifically  with  respect  to  the
Framework  for  Action,  the  inter-institutional  agreement  should  pave  the  way  for  more
streamlined  inter-institutional  procedures  -  within  the  rules  of  the  Treaty  -  for  adoption  of
simplification  proposals29.  However,  it  was  not  possible  to  agree  on  the  precise  working
modalities  in  the  context  of  the  agreement  itself.  Instead,  adaptations  of  working  methods  in
Parliament and Council will be considered by the two institutions within a six-month period from
the entry into force of the inter-institutional agreement.

5.

CONCLUSION

The  Framework  for  Action  of  February  2003  launched,  for  the  first  time  in  the  history  of  the
Community,  a  global  policy  on  the  ‘maintenance’  of  the  body  of  Community  legislation.  This
initiative, together with the broad range of other initiatives in the Commission’s 2002 Action Plan
“Better  Regulation”,  aims  to  ensure  a  clear,  up-to-date  and  effective  body  of  law  –  for  the
ultimate benefit of citizens.

This is necessarily a long-term effort. But the Framework for Action also set out an ambitious 2-
year start-up period with reinforced surveillance. This first interim report, followed by reports in
April 2004 and by the end of 2004, will offer insight into the Commission’s efforts to realise the

28

29

http://europa.eu.int/comm/governance/index_en.htm
This  inter-institutional  agreement  supplements  other  existing  agreements  of  relevance,  in  particular  the
inter-institutional Agreement on an accelerated Working Method for Official Codification, OJ 1996/C 102/2
of 4.4.1996.

23

                                                
above  objectives.  Future  reports  will  also  progressively  focus  on  the  contributions  of  the  other
institutions who share the responsibility for the quality of EC legislation.

In the present report, the Commission takes stock of progress  since  February 2003. The results
are mixed but not unsatisfactory. One of the key achievements is the progressive involvement of
different  services  in  efforts  to  simplify  legislation  because  it  demonstrates  that  a  change  of
regulatory  culture  is  taking  place.  The  report  also  reveals  weak  points,  mainly  on  the  planned
short and medium term actions to reduce the volume of Community legislation (codification and
elimination of outdated legislation). Having identified the weaknesses, the Commission can now
address the underlying obstacles.

The Commission has chosen to be transparent on this long-term project. Such an approach should
encourage other interested parties to provide input to the process. In particular, the Commission
reiterates its invitation to the institutions to provide their views and contributions to achieve the
ultimate goals of this effort.

24

ANNEX 1 

SCOREBOARD (page 1)

Results of the first phase (February - September 2003). 
Communication from the Commission of 11 February 2003 
(COM(2003)71final) and Commission Staff Working Document 
(SEC(2003)165).

REPEAL/OBSOLESCENCE (COMMISSION ACTS)

February 2003 commitments (SEC(2003)165)

Progress 

Regulations 

Directives

 Decisions

Regulations

Directives

Decisions

Number of 
acts

Number of 
OJ pages

Number of 
acts

Number of 
OJ pages

Number of 
acts

Number of 
OJ pages

Number of acts

Number of 
OJ pages

DG
AGRI
SANCO
ENV
TREN
COMP

TOTAL

125

5

130

A: Operation completed 

16
315
11
4

346

A 

7

B

C

110

5
3

7

118

23

66

89

NO COMMITMENTS

Number 
of acts

A B C

Number of 
OJ pages

Number of 
acts

A B C

Number of 
OJ pages

16
330
3
4

6

2

40

6 353 2

40

B: Operation in progress = Confirmation by the Legal Service requested by the responsible DG (and response possibly available).

C: Project dropped from the programme: abandoned or not relevant.
NB 1: The number of OJ pages quoted under the "progress" column always refer to category A acts.
NB 2: The 23 pages under AGRI - Regulations correspond to the 7 category A regulations.

25

SCOREBOARD (page 2)

Results of the first phase (February - September 2003). 
Communication from the Commission of 11 February 
2003 (COM(2003)71final) and Commission Staff Working 
Document (SEC(2003)165).

REPEAL/OBSOLESCENCE (EP AND COUNCIL ACTS)

February 2003 forecast (SEC(2003)165)

Progress (see NB 1) 

Regulations

Directives

Decisions

Regulations 

Directives

Decisions

Number of 
acts

Number of 
OJ pages

Number of 
acts

Number of 
OJ pages

Number of 
acts

Number of 
OJ pages

Number 
of acts

A  B C

Number of 
OJ pages

Number 
of acts

A B C

Number of 
OJ pages

Number of 
OJ pages

Number 
of acts

A B C

4

45

9

14

10
1

DG
AGRI
SANCO
ENV
TREN
EMPL
COMP
ECFIN

TOTAL

54

A: Operation completed

NONE FORECAST
NONE FORECAST

25

16
4
3
1
3

27

9 1

56

3

17

1 2

2
6 6

17

9 1

56

2

2
2 2

B: Operation in progress = Confirmation by the Legal Service requested by the responsible DG (and response possibly available).

C: Project dropped from the programme: abandoned or not relevant.
NB 1: None of the acts under "progress" refer to proposals for declaration of obsolescence; all refer to repeals.

NB 2: One of the two decisions under ECFIN, initially intended for codification, will be put on the repeals list (see page 4 of the scoreboard). 

NB 3: The three ENV decisions under "February forecasts" of this table were accidentally placed under "Commission Acts" in the repeals section of 
SEC(2003)165.

26

SCOREBOARD  (page 3)

Results of the first phase (February - September 2003). 
Communication from the Commission of 11 February 2003 
(COM(2003)71final) and Commission Staff Working 
Document (SEC(2003)165).

CODIFICATION (COMMISSION ACTS)

February 2003 commitments (SEC(2003)165)

Progress

Regulations

Directives

Decisions

Regulations

Directives

Decisions

DG
AGRI
SANCO
ENTR
ENV
TREN
JAI
MARKT
EMPL
TAXUD
COMP
ESTAT

TOTAL

Number of 
acts

Number of 
OJ pages

Number of 
acts

Number of 
OJ pages

Number of 
acts

Number of 
OJ pages

48
3

2

2

1
56

7

7

3
52

1

3
59

Number of 
acts

Number of 
OJ pages

Number 
of acts

Number of 
OJ pages

Number of 
acts

Number of 
OJ pages

A  B C

3 41 4
3

2

2

1
4 48 4

681
32

9

30

14
766

A B C

5 2

254

A B C

3
2 45 5

20
814

1

4

0 5 2

254

2
1
3 51 5

44
882

A: Operation completed (= codification adopted by the Commission).
B: Operation in progress 
C: Project dropped from the programme: abandoned or not relevant.

27

SCOREBOARD (page 4)

Results of the first phase (February - September 2003). 
Communication from the Commission of 11 February 2003 
(COM(2003)71final) and Commission Staff Working Document 
(SEC(2003)165).

CODIFICATION (EP AND COUNCIL ACTS)

February 2003 forecasts (SEC(2003)165)

Progress

Regulations

Directives

Decisions

Regulations

Directives

Decisions

Number of 
acts

Number of 
OJ pages

Number of 
acts

Number of 
OJ pages

Number of 
acts

Number of 
OJ pages

Number of 
acts

A  B

Number of 
OJ pages

Number of 
acts

A B C

Number of 
OJ pages

Number 
of acts

A B C

Number of 
OJ pages

DG
AGRI
SANCO
ENTR
ENV
TREN
JAI
MARKT
EMPL
TAXUD
COMP
ESTAT
ECFIN
REGIO
RELEX
TRADE

TOTAL

9
3

1
8

1

4
1
2
2
2

33

4
31
4
9

4

2

54

1
1

3

1
1

1

8

2

1
1

4

5

1
5

1

4
1
1
1
2

C

2
3

3

389
15

153
85

8

75
3
69
38
82

1
1

14
5

1 2

21

3
1
5 22 4
4
7

2

2

2

2

71
888
48
193

191

13

1

1

1

3
4

9

56

21

8

917

10 37 7

1404

1 4 3

A: Operation completed (= adoption by the Commission of a codification proposal).
B: Operation in progress
C: Project dropped from the programme: abandoned or not relevant.
NB 1: The decision under ECFIN, initially intended for codification, will be put on the repeals list (see page 2 of the scoreboard). 

28

SCOREBOARD  (page 5)

Results of the first phase (February - September 2003). 
Communication from the Commission of 11 February 2003 
(COM(2003)71final) and Commission Staff Working Document 
(SEC(2003)165).

SUMMARY

February 2003 forecasts or commitments 
(SEC(2003)165)

Progress

Repeal/obsolescence

Codification

Repeal/obsolescence

Codification

DG

AGRI
SANCO
ENTR
ENV
TREN
MARKT
EMPL
TAXUD
COMP
ESTAT
REGIO

ECFIN

RELEX
TRADE

TOTAL

Number 
of acts

Number of OJ 
pages

Number of 
acts

Number of OJ 
pages

216
319

24
20

3

NONE FORECAST, NO 
COMMITMENTS

61
70
31
5
23
4

5

9
2

2

2
3

Number of OJ 
pages

23

113

66

Number of acts

C

2

B

126
334

4
9

2

5

A

7

18

1

4

Number of acts

C

6
11
4

5
2

1

A

5
5
5

2

3
1

1

B

50
54
22
5
16
2

5

6
1

1

1
3

Number of OJ 
pages

1104
1191
888
201
312
191

51

136
69

7

38
91

582

217

30

480

2

202

22 166

29

4279

A: Operation completed
B: Operation in progress
C: Project dropped from the programme: abandoned or not relevant.

29