Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions - A strategic review of better regulation in the European Union {COM(2006) 690 final} {COM(2006) 691 final}
Date: 2006-11-14
Institutions: European Commission
Subjects: EU law, EU programme, administrative formalities, codification of EU law, overheads, simplification of legislation

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 14.11.2006 
COM(2006) 689 final 

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

A strategic review of Better Regulation 
in the European Union 

{COM(2006) 690 final} 
{COM(2006) 691 final} 

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

A strategic review of Better Regulation 
in the European Union 

Executive summary 

Laws and regulations are fundamental to ensuring a fair and competitive market place, citizen's 
welfare and the effective protection of public health and the environment. Better Regulation is 
about doing this in ways that maximise benefits whilst minimising costs. Better Regulation can 
boost  productivity  and  employment  significantly,  thus  contributing  to  growth  and  jobs.  In 
Europe, the regulatory environment is developed both by the Union and the Member States in 
an international context – Better Regulation is, therefore, a joint responsibility. 

This  Strategic  Review,  accompanied  by  separate  documents  on  simplification  and 
administrative costs, analyses progress achieved and maps out the main challenges ahead. 

Better Regulation covers policy making, from its initial conception through to implementation 
and  enforcement  starting  with  the  careful  application  of  the  principle  of  subsidiarity.  In 
developing  policies,  extensive  consultation  now  guarantees  that  views  of  stakeholders  are 
systematically taken into account. Over 160 impact assessments have been prepared in line with 
comprehensive guidelines, to inform and facilitate Commission decisions. Administrative costs 
are being measured. The Commission has screened the proposals which were pending when it 
took office in 2004 and has withdrawn 68, with a further 10 withdrawals foreseen for 2007.  

Laws  already  on  the  statute  books  matter  most  to  citizens  and  business.  This  is  why  the 
Commission  launched  a  major  simplification  programme  for  2005-2008  with  over  100 
initiatives. By end-2006, around 50 proposals will have been adopted. More than 20 of these are 
pending  with  the  Council  and  European  Parliament.  These  proposals  need  to  be  given  higher 
priority.  

The EP and the Council have signed the Interinstitutional Agreement on Better Lawmaking and 
are  taking  steps  to  apply  Better  Regulation  in  practice  (e.g.  conducting  a  few  impact 
assessments on important amendments to Commission proposals). More can be done. 

Progress at Member State level has accelerated significantly since the adoption of the Integrated 
Guidelines  for  Growth  and  Jobs  –  with  19  Member  States  having  introduced  or  about  to 
develop a Better Regulation Strategy and 17 Member States having measured or in the process 
of  measuring  administrative  costs.  Several  have  set  global  targets  for  reduction  of 
administrative burdens. Impact assessments are being conducted more widely, although they are 
often  partial.  Nine  Member  States  have  simplification  programmes,  with  eight  having  ad-hoc 
simplification initiatives. Consultation is obligatory in only nine Member States.  

The picture that emerges is encouraging: there has been major progress, both at European and 
national level. But the development of Better Regulation is a process, not an event and major 
challenges remain. The Commission identifies the priorities for the different parties as follows: 

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European Commission: 

–  An  updated  simplification  programme,  aimed  at  generating  tangible  economic 
benefits,  particularly  through  reducing  administrative  burdens  and  integrated  in 
the  Commission’s  legislative  and  work  programme.  For  2007,  47  initiatives  are 
planned1; 

–  Reinforced scrutiny of impact assessments through the creation of an independent 

Impact Assessment Board under the authority of the President;  

–  Strengthening the enforcement of Community law. 

Council and European Parliament: 

–  More  systematic  impact  assessments  of  major  amendments  to  Commission 

proposals; 

–  High priority to pending simplification proposals, to codification and to repeal of 

obsolete legislation. 

Member States: 

–  Development and enforcement of consultation mechanisms, where missing; 

–  More  systematic  assessment  of  economic,  social  and  environmental  impacts 
through adequate guidelines and resources, and more transparency on the results;  

–  Development of simplification programmes, where missing; 

–  Improved application of Community law. 

EU and Member States: 

The  Commission  proposes  the  launch  of  an  ambitious  strategy  for  reducing  administrative 
burdens. Given that administrative burdens originate both in European and national legislation, 
the Commission proposes that the Spring 2007 European Council fix a joint reduction target for 
administrative burdens of 25%, to be achieved by 2012.  

Member  States  should,  in  the  meanwhile,  take  similar  actions  at  national  level  and  should 
deliver  on  clear  commitments  to  administrative  burden  reduction  during  the  same  period. 
Progress  in  such  efforts  should  be  reported  in  the  National  Reform  Programmes  and  will  be 
evaluated in the context of the Annual Progress Reports to the Spring European Council. 

**** 

1 

Commission Legislative and Work Programme 2007 - COM(2006) 629, 24.10.2006. 

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I. 

THE BETTER REGULATION PROGRAMME 

The European Union aims at fostering a regulatory environment which protects citizens while 
supporting European businesses to compete more effectively and be more innovative in a highly 
competitive  global  environment.  Much  of  European  legislation  was  developed  to  make  the 
single  market  work.  It  covers  other  policy  areas  where  EU  Member  States  have  agreed  on 
common  policies  (e.g.  agriculture,  fisheries,  trade,  customs)  or  on  the  added  value  of 
European  level  action  (e.g.  environment,  health  and  consumer  protection).  These  policies 
need agreed rules that are applied consistently.  

Legislating  at  European  level  has  reduced  much  red  tape.  One  common  rule  to  apply  in  all 
Member  States  is  much  simpler  and  more  efficient  than  a  complex  web  of  varying  rules  at 
national  and  regional  level.  European  legislation  has  been  effective  in  removing  harmful 
barriers to competition and conflicting national rules. 

The development of EU laws has been a progressive, incremental process with new rules being 
added  to  an  existing  base.  In  most  mature  policy  areas,  it  is  time  to  look  at  this  stock  of 
legislation to see if it can be simplified – to ease burdens on operators and citizens and to ensure 
it is clear, up-to-date, efficient and user-friendly. Laws need to be kept under constant review 
and adapted to keep pace with technological developments and global markets. 

This  Commission  has  given  top  priority  to  simplifying  and  improving  the  regulatory 
environment.  Building  on  earlier  initiatives,  it  launched  a  'Better  Regulation'  programme  in 
2005  to  deliver  quality  initiatives  and  to  modernise  and  simplify  the  stock  of  existing 
legislation. This programme applies to all stages of the policy cycle: 

(cid:190) 

(cid:190) 

(cid:190) 

For existing legislation, efforts are being made to simplify and modernise the 
acquis  through  legislative  techniques  such  as  recast,  repeal,  codification  or 
revision. Ways to reduce administrative burdens are being examined. Priority is 
being granted to ensuring that laws are implemented correctly, on-time.  

For new proposals, a comprehensive system for assessing impacts – economic, 
social  and  environmental  –  and  for  consulting  stakeholders2  and  experts  has 
been put in place to improve the quality of policy design and coherence. Care 
is taken to ensure that proposals are proportionate to the problem at hand and 
that any action be taken at the right level, respecting subsidiarity. 

The Commission is also screening proposals pending before the co-legislator, 
to  see  if  the  delays  in  adoption  are  due  to  the  quality  and  relevance  of  the 
proposals and hence whether they should be withdrawn. 

These  actions  are  mutually  reinforcing.  Before  simplifying  laws,  impacts  are  assessed  and 
ways  to  reduce  administrative  burdens  examined.  Overlaps  and  inconsistencies  are  detected 
and  remedied.  Implementation  issues  are  being  more  carefully  looked  at  in  the  design  of 

2 

The  Commission  will  report  on  the  outcome  of  the  public  consultation  concerning  its  minimum 
standards  for  public  consultation  in  a  forthcoming  communication  on  the  European  Transparency 
Initiative. 

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policies  and  laws  as  well  as  in  their  review  and  possible  amendment.  This exercise is about 
delivering high quality regulation in the best way possible, not deregulation.  

Better Regulation is a shared responsibility. The Commission submits proposals for adoption to 
the  European  Parliament  and  the  Council.  The  EU  laws  are  transposed  into  national  law  by 
national governments and parliaments and often applied at regional and local level. There is a 
risk  that  laws  are  progressively  “embellished”  along  this  chain  from  conception  to 
implementation. The responsibility for regulating well is hence a shared one. The Commission 
relies on the close cooperation of the other European institutions, the Member State and local 
administrations to achieve Better Regulation goals. In the 2003 Inter-institutional Agreement on 
Better Lawmaking, together with several supplementary agreements, the institutions set down 
on paper how they can work together to legislate better. 

II. 

1. 

PROGRESS TO DATE AND CHALLENGES AHEAD 

Modernising the stock of existing legislation 

While European legislation in itself represents simplification (“one in, 25 out”), it is essential, 
in a rapidly changing world, to review laws, streamline, remove overlaps and take advantage 
of the rapidly evolving technology.  

Simplification of existing legislation 

The Commission has reinforced its efforts to modernise and simplify EU legislation. Of the 
100  proposals  originally  planned  for  2005-2008  in  the  rolling  simplification  programme3, 
about 50 will have been adopted by end 2006. These include important proposals for business 
such as one on the customs code which facilitates data exchange, streamlines and simplifies 
procedures; one on waste which clears up definitions and will stimulate the recycling market 
and one on payment services which simplifies procedures.  

The  Commission  has  now  up-dated  its  rolling  simplification  programme4  which  foresees 
further  initiatives  e.g.  in  agriculture,  fisheries,  labelling,  and  statistics.  The  Commission  is 
maintaining its high level of ambition, adjusting its time frame to allow for quality preparation 
(e.g. impact assessment, consultation and ex-post evaluation of existing legislation). 

As simplification means change and adjustment, it requires consultation at sector level. The 
Commission  is  actively  consulting  those  most  affected,  examining  problems  and  finding 
practical  solutions.  The  international  context  (e.g.  for  accounting,  public  procurement  and 
intellectual property rights) is important. 

Simplification proposals need to be given higher priority by the co-legislator. More than 20 
simplification proposals are currently pending. Procedures to facilitate a more timely adoption 
of simplification proposals should be considered.  

Member States need to develop their own national simplification programmes to ensure that 
the advantages of a lighter Community regulatory environment are not cancelled out by new 

3 
4 

COM(2005) 535, 25.10.2005. 
First progress report on the strategy for the simplification of the regulatory environment - COM(2006) 
690.  

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national  rules.  It  is  often  at  the  stage  of  transposition  of  directives  into  national  law  that 
refinements, not prescribed by EU law, are introduced. These, sometimes referred to as 'gold 
plating' can go well beyond the requirements set out in EU law. 

Reducing administrative burdens 

Most  of  the  costs  created  by  legislation  relate  to  the  investment  (e.g.  installation  of  safety 
equipment)  needed  to  comply  with  the  law.  But  there  are  other  costs  of  an  administrative 
nature,  such  as  those  incurred  in  meeting  reporting  requirements.  These  should  be  reduced 
where  this  can  be  done  without  compromising  the  achievement  of  the  objectives  of  the 
legislation.  Member  State  experience  demonstrates  that  public  authorities  can  do  a  lot  to 
reduce  unwarranted  administrative  burdens  of  legislation  -  economic  benefits  from  such 
action are estimated at an increase in the level of GDP of up to 1.5% of GDP or up to € 150 
billion5. 

The  Commission  has  developed  a  common  methodology  for  assessing  administrative  costs 
and applies this in its own ex ante impact assessments for new legislation.  

The  priority  is  now  to  reduce  the  administrative  burdens  imposed  by  existing  legislation. 
Together  with  the  Member  States,  the  Commission  is  working  to  develop  an  approach  for 
joint  measurement  of  the  burdens  of  existing  legislation  in  the  EU.  The  issues  that  the 
Commission is examining (e.g. comparability of measurements, identification of the origin of 
obligations, reduction targets and burden-sharing etc) and lessons learned from a pilot project 
are set out in more detail in the Commission Working Document. 

The  Commission  is  also  looking  at  how  best  to  set  quantitative  reduction  targets  for  the 
existing  stock  of  legislation.  Several  Member  States  have  already  carried  out  such  a 
measurement and concluded  that a 25%  reduction of  the  administrative  burden is  ambitious 
but  feasible.  Experience  in  some  Member  States  suggests  that  such  targets  have  functioned 
well  in  providing  a  framework  and  generating  the  necessary  urgency  and  momentum.  Such 
targets  should  be  differentiated  according  to  where  the  burdens  exist.  In  certain  areas  (e.g. 
agriculture  and  customs)  actions  taken  at  European  level  can  directly  reduce  burdens;  in 
others,  actions  of  Member  States  will  contribute  significantly  more  to  the  reduction  of 
burdens. Member States and the Commission will need to agree an 'across the board' baseline 
measurement in priority areas and reduction targets, shared between the Community and the 
Member States in function of the origins of administrative burdens. 

The  Commission  will  present  an  Action  Plan  for  Administrative  Cost  Measurement  and 
Reduction of Administrative Burdens in early 2007. The Action Plan will propose immediate 
actions  as  well  as  a  coordinated  longer  term  approach  for  joint  EU  and  Member  State 
measurement and reduction targets. The Commission will invite the institutions to consider a 
fast track approval procedure for the immediate actions. 

The Spring 2007 European Council will be asked to endorse: 

–  an  overall  25%  joint  reduction  target  for  administrative  burdens  of  EU  and 
national  legislation  to  be  achieved  by  2012  as  well  as  possible  intermediate 

5 

See  "Measuring  administrative  costs  and  reducing  administrative  burdens  in  the  European  Union"  - 
COM(2006) 691. 

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targets. This is a shared responsibility and therefore requires a joint effort on the 
part of European Institutions and Member States alike; 

–  priority  areas  for  action  –  at  European  and  national  level,  both  immediate  and 

longer term;  

–  the measurement exercise and the methodology.  

Codification and the repeal of obsolete legislation 

European law has developed progressively, with laws being amended over the course of time. 
These  amendments  have  not  been  systematically  integrated  back  into  the  original  law. 
Codification is the process that brings together the provisions of existing acts with all of their 
subsequent  amendments  into  one  law.  This  contributes  to  the  reduction  in  volume  of  EU 
legislation, providing more transparent and legally clear texts which help SMEs in particular 
and  facilitate  enforcement.  The  Commission’s  codification  programme  involves  about  5006 
acts in all sectors. 85 acts have been finalised by the Commission: 52 have been adopted and 
published  in  the  Official  Journal.  33  acts  are  pending  before  the  Council  and  Parliament. 
These 85 acts replace 300 current acts. The 500 codification acts would replace around 2 000 
acts in total. 

The Commission aims to finalise the programme in 2008. Translation is being accelerated and 
a  'standstill'  on  substantial  amendments  will  be  applied  where  possible.  The  Commission 
invites  the  other  institutions  to  make  a  concerted  effort  to  complete  the  codification 
programme by adoption of the relevant acts as quickly as possible.  

For  the  future,  to  avoid  recurrence  of  codification  backlogs,  it  will  be  important  to  more 
systematically ensure, through recasting7, the integration of amendments into the existing law 
at the same time as such amendments are adopted.  

Obsolete acts that no longer have real effect, but which formally remain in force because they 
have  not  been  expressly  repealed  should  be  removed.  In  2003  the  Commission  launched  a 
screening  process  to  identify  these  acts  and  set  up  simplified  procedures  for  their  removal. 
This should be continued and could be speeded up if dedicated fast-track procedures were to 
be agreed between the European Parliament and the Council. 

2. 

Improving the Preparation of Proposals 

Impact Assessment 

An important part of making better laws is having a full picture of their economic, social and 
environmental  impacts,  including  the  international  context.  In  addition  to  consulting 
stakeholders, the Commission has set up an integrated system for impact assessment, issued 
guidelines  and  applied  them  to  major  policy  proposals.  Since  2003  the  Commission  has 
completed  over  160  impact  assessments.  Since  September  2006,  a  summary  of  the 

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7 

Of the 940 acts originally identified as codifiable in 2001, 198 have been repealed, 16 have expired, 8 
are  amended  too  frequently  to  permit  codification  and  152  are  obsolete  or  do  not  merit  codification 
because of the minimal nature of the amendment made to them. 
Recasting  is  the  process  whereby  a  new  legally  binding  act,  repealing  the  acts  which  it  replaces, 
combines both the amendment of the substance of the legislation and the codification of the remainder 
which is intended to remain unchanged. 

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Commission’s impact assessment reports is translated into all official languages. Commission 
decisions on whether and how to proceed with an initiative are based on a thorough analysis of 
options.  The  option  of  no  EU  action  together  with  alternatives  to  legally  binding  legislation 
(self- and co-regulation) is routinely examined. As a result, some planned measures have been 
significantly adjusted: impact assessments on biomass, the urban environment, and copyright 
in the online music sector led to the conclusion that binding measures were not necessary. 

An important new element to improve the Commission's decision-making is the creation of an 
Impact Assessment Board (IAB), which will offer advice and support in developing a culture 
of  impact  assessment  inside  the  Commission.  It  will  provide  widespread  quality  advice  and 
control  whilst  ensuring  that  the  responsibility  for  preparing  assessments  and  the  relevant 
proposals remains with the relevant departments and Commissioners. The IAB, composed of 
high level officials, acts independently of the policy making departments and reports directly 
to the President. It issues opinions on the quality of Impact Assessments. The IAB contributes 
to  ensure  that  impact  assessments  are  of  high  quality,  that  they  examine  different  policy 
options  and  that  they  can  be  used  throughout  the  legislative  process.  To  assist  its  work  the 
IAB  may  have  recourse  to  external  expertise.  The  Commission  expects  the  IAB  to  develop 
into a centre of excellence. 

Other important on-going actions include an external evaluation of the Commission’s impact 
assessment system. The Commission will also adopt an action plan8 to improve the use of ex-
post evaluation in the policy development process. 

The  other  institutions  should  also  systematically  assess  the  impacts  of  their  major 
amendments to Commission proposals, as far as possible following the same methodology as 
the  Commission.  In  the  area  of  Title  VI  of  the  TEU  (police  and  judicial  cooperation  in 
criminal matters), proposals made by the Council/Member States should be accompanied by 
impact assessments.  

Screening and Withdrawal of pending proposals 

In  some  Member  States  the  legislative  programmes  of  the  government  and  parliament 
automatically fall at the end of each legislature. This kind of legislative discontinuity is not 
provided for in the EU Treaties. Given the specific challenges of the European integration and 
the  character  of  the  European  institutional  framework,  the  blanket  application  of  such  a 
practice could significantly alter the current balance between the main institutions and lead to 
excessively long interruptions in the flow of work. 

This being said, regular assessments of pending legislation by the Commission throughout the 
political cycle from its beginning to its end can contribute to reinforcing political ownership 
and the overall coherence of the EU's strategic political agenda. 

That  is  why,  upon  taking  office  at  the  end  of  2004,  this  Commission  decided  to  screen 
proposals adopted by the previous Commission, pending before the Council and the European 
Parliament to see if they aligned with the Growth and Jobs priority, and met better regulation 
standards. 68 pending proposals were withdrawn in early 2006. A further 10 proposals will be 
withdrawn in 2007 and the Commission will continue to regularly monitor pending legislation 
to make sure that it is relevant and up to date.  

8 

Forthcoming  Communication  to  the  Commission  from  Ms  Grybauskaitė  in  agreement  with  the 
President "Responding to Strategic Needs: Reinforcing the use of evaluation". 

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Without prejudice to its prerogative to withdraw pending proposals at any given moment, the 
present  Commission  is  making  a  regular  screening  of  pending  proposals  in  the  context  of 
preparing  work  programmes  in  order  to  verify  that  the  draft  legislation  on  the  table  of  the 
legislator  is  in  line  with  its  political  priorities  and  to  remove  those  which  are  not  or  those 
which are obsolete. It believes that any new Commission should carry out a similar exercise 
in principle within the first six months of taking office. 

3. 

Applying EU law 

Efforts made by the Commission to simplify and improve the regulatory environment will not 
deliver  the  desired  results  unless  European  laws  are  applied  correctly  and  effectively  in  the 
Member States. Moreover, if problems do occur, businesses, consumers and citizens must be 
able to exercise their rights swiftly and effectively. The Commission will continue to ensure 
the correct application of European laws. However, it is essential that Member States assume 
their responsibility in this respect. Much European law takes the form of directives which set 
out general rules and objectives but leave Member States certain choice as to how to produce 
required  results  in  line  with  the  EC-Treaty  and  the  principle  of  subsidiarity.  The  Member 
States  are  required  to  transpose  the  directives  into  national  law  and  are  responsible  for 
applying the law. Failure to meet obligations can result in legal action, including before the 
Court  of  Justice.  The  number  of  infringement  cases  against  Member  States  shows  that  too 
often  the  objective  of  correct  application  of  European  laws  is  not  achieved.  Moreover,  the 
infringement procedure is not always the most effective way to remedy problems of citizens 
and businesses. Improvements are called for. 

The  Commission  will  take  more  preventive  action,  following-up  with  Member  States  at  an 
early  stage  so  as  to  facilitate  the  correct  transposition  of  key  directives.  It  will  seek  a 
commitment  from  Member  States  to  produce  correlation  tables,  linking  provisions  in 
directives and national rules to facilitate assessment of transposition, transparency and judicial 
review. Moreover, the administrative burden of applying EU directives can vary considerably 
between Member States. The Commission will work with the Member States to identify and 
disseminate good practices in this area.  

Where  prevention  fails,  the  Commission  will  seek  swift  correction.  Where  appropriate,  and 
taking  due  account  of  its  role  as  guardian  of  the  Treaty,  the  Commission  will  focus  on  key 
categories  of  cases  such  as  non-communication  of  national  measures  transposing  directives, 
breaches  of  European  law  having  a  particularly  far-reaching  negative  impact  for  citizens  or 
business, non-compliance with Court judgments. At the same time, it will step up work with 
Member  States  to  develop  complementary  problem-solving  mechanisms,  building  on  best 
practices in Member States and successful mechanisms such as SOLVIT9, so as to respond in 
a rapid, efficient and measurable way to questions and problems of citizens and business. It 
will provide systematic information on the application10 of the European law. These initiatives 
will be detailed in an upcoming communication on the application of European law and will 
form an important component in the up-coming Single Market Review.  

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10 

SOLVIT is an alternative dispute resolution mechanism set up by the Commission to help EU citizens 
and businesses who have been denied the possibility to exercise their European Internal Market rights 
because  a  public  administration  in  another  Member  State  has  misapplied  Internal  Market  legislation, 
http://europa.eu.int/solvit/site/index.htm. 
The Commission already presents an annual report on monitoring the application of Community law, 
see COM(2006) 416.  

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III. 

PROGRESS WITH BETTER REGULATION IN MEMBER STATES 

Improving  the  regulatory  environment  in  Europe  depends  on  Member  States’  contribution. 
This affects the transposition and implementation of EU law as well as the quality of national 
and regional regulation. There has been a marked increase in efforts to regulate better since 
the adoption of the Integrated Guidelines of Growth and Jobs11 in March 200512 as reflected 
in the National Reform Programmes and Progress Reports.  

Most  have  a  Better  Regulation  strategy  and  an  institutional  structure  in  place  to  support  it. 
Most  progress  is  being  made  with  regard  to  the  measurement  of  administrative  costs  and 
reduction of burdens where a majority of Member States have opted for the same model for 
measuring  administrative  costs  and  a  number  have  already  adopted  percentage  reduction 
targets.  Many  Member  States  now  carry  out  Impact  Assessments  and  some  have  developed 
guidelines.  However,  only  a  relatively  small  number  of  countries  systematically  carry  out 
integrated  impact  assessments  for  new  legislative  proposals  and  the  results  are  often  not 
available to outside scrutiny.  

While  about  half  of  Member  States  have  developed  a  comprehensive  simplification 
programme,  many  ad-hoc  initiatives  (e.g.  on  e-government,  one-stop  shops  and  central 
registration  offices),  are  being  launched.  Stakeholder  consultation  is  increasing  in  many 
Member States but there is still significant room for improvement.  

It  is  clear  that  the  improving  the  regulation  process  requires  time,  financial  and  human 
resources,  as  well  as  adjustment  of  current  institutional  structures.  This  cannot  be  achieved 
without strong and sustained political support.  

IV. 

NEXT STEPS 

The  review  demonstrates  that  the  EU  is  delivering  on  its  commitment  to  regulate  well. 
However, more can be done by the Commission, the Parliament, the Council and the Member 
States, acting together: 

Simplification of legislation  

•  Putting simplification at the heart of the Commission's Work Programme through 
integration  of  the  rolling  simplification  programme  into  the  Commission’s 
Legislative and Work Programme.  

•  Strengthening  the  rolling  simplification  programme  with  more  than  40 
additional simplification initiatives to be delivered in coming years, across a broad 
spectrum of policy domains. 

•  Quicker  adoption  by  the  co-legislator  of  pending  simplification  proposals  and 

reinforcement of inter-institutional cooperation.  

11 
12 

COM(2005) 141, 12.4.2005. 
A detailed overview of Member States experiences with the introduction of Better Regulation principles 
is  provided  in  the  2006  Competitiveness  Report  (forthcoming)  and  Note  for  the  Economic  Policy 
Committee - Promoting Better Regulation, Brussels, 18 October 2006. 

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Reducing administrative burdens 

•  The  Commission  will  propose  an  Action  Plan  on  Measuring  Administrative 
Costs and Reducing Administrative Burdens and launch a large measurement 
and burden reduction study.  

•  On this basis, the Spring 2007 European Council will be asked to endorse a joint 
25% reduction target and priority areas for action at both EU and national level 
including a first set of concrete actions where significant progress can be achieved 
rapidly and the measurement exercise and the methodology to be used. 

Impact assessments 

•  A  new  Impact  Assessment  Board  (IAB)  will  start  to  systematically  review 

Commission impact assessments. 

•  The results of the external evaluation of the current impact assessment system 

will be implemented, as appropriate. 

•  Under  the  2008  review  of  the  “Common  Approach  to  Impact  Assessment”,  the 
Commission expects that the institutions will agree to conduct impact assessments 
on  Member  State  initiatives  in  the  area  of  Title  VI  of  the  TEU  (police  and 
judicial cooperation in criminal matters). 

Screening and Withdrawal of pending proposals 

•  This  Commission  considers  that  any  future  Commission  should  carry  out  a 
screening  of  pending  proposals  in  principle  within  the  first  six  months  of  its 
mandate in order to verify that the draft legislation on the table of the legislator is 
in line with political priorities.  

•  The present Commission will continue to screen pending proposals regularly in 
the context of preparing the annual work programme and remove proposals where 
appropriate. 

Transposition and application of EU Law 

•  During 2007, the Commission will propose a new initiative to reinforce its efforts 
to  anticipate  and  prevent  transposition  problems,  through  enhanced  cooperation 
with Member States, accelerate progress on key categories of cases and enhance 
information on enforcement.  

•  Member States need to build on progress on improved transposition of directives, 
improved  information-provision  and  problem-solving  for  citizens  and  business 
and more widespread communication of correlation tables. 

Codification and repeal  

•  The  Commission  will  present  around  350  codification  initiatives  before  end-

2008, recommending Council and Parliament adoption by 2009.  

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•  Applying improved ways of codifying legislation.  

•  Continued  identification  of  obsolete  acts  to  be  repealed.  The  Commission  also 
invites the Council and the European Parliament to develop fast-track procedures 
for the repeal of obsolete legislation. 

V. 

CONCLUSION 

Much has been achieved in developing Better Regulation in the EU, but the agenda now needs 
to  be  taken  forward  in  a  determined  manner  to  achieve  the  full  benefits.  The  Commission  is 
strongly committed to play its part and is taking major new initiatives to strengthen its Impact 
Assessment  system  and  its  Simplification  Programme  –  and  to  communicate  its  better 
regulation  efforts.  It  is  also  proposing  to  launch  an  unprecedented  drive  to  cut  administrative 
burdens.  But  the  Commission  cannot  succeed  alone.  It,  therefore,  calls  on  the  European 
Council, the EU co-legislator and the Member States, to endorse the priorities outlined in this 
Communication as a common agenda for Better Regulation in the European Union. 

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