Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions - Second strategic review of Better Regulation in the European Union {COM(2008) 33 final} {COM(2008) 35 final} {SEC(2008) 120}
Date: 2008-01-30
Institutions: European Commission
Subjects: EU law, EU programme, administrative formalities, codification of EU law, overheads, simplification of legislation

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 30.1.2008 
COM(2008) 32 final 

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

Second strategic review of Better Regulation 
in the European Union 

{COM(2008) 33 final} 
{COM(2008) 35 final} 
{SEC(2008) 120} 

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   EN 

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

Second strategic review of Better Regulation 
in the European Union 

I. 

INTRODUCTION  

This Commission has given the highest priority to simplifying and improving the regulatory 
environment in Europe. This is part of its wider objective of delivering results to citizens and 
businesses. The Better Regulation Agenda, adopted in 2005, aims both to ensure that all new 
initiatives are of high quality, and to modernise and simplify the existing stock of legislation. 
In  doing  so,  it  is  helping  to  stimulate  entrepreneurship  and innovation, to  realise  the  full 
potential  of  the  single  market,  and  thereby  promote  growth  and  job  creation. Better 
regulation is  therefore  a  key  element  of  the Lisbon Growth  and  Employment  Strategy.  The 
Better Regulation agenda also helps the EU to respond to globalisation, and to shape global 
regulation rather than to be shaped by it. 

The  Commission  is  making  improvements  at  various  stages  of  the  policy cycle.  Better 
regulation  does  not  mean  deregulation  or  holding  back  new  European  rules  when  they  are 
needed. But policy and regulatory proposals are now systemically assessed, and a wide range 
of options - regulatory and non-regulatory - are  examined for each initiative. The quality of 
these assessments is overseen by an independent Impact Assessment Board. Existing laws are 
being  simplified  and  codified,  and  a  concerted  effort  is  being  made to  reduce  the 
administrative costs of EU laws. Pending proposals are being screened and withdrawn if they 
are  no  longer  relevant  or  consistent  with Commission  priorities.  In  partnership  with  the 
Member  States,  a  more  effective  approach  is  being  developed  to handle  difficulties  in 
implementing and ensuring conformity with Community law. 

The  Better  Regulation  Agenda  is  already  bringing  concrete  benefits  for  businesses  and 
consumers. But the full benefits will only be obtained if all European Institutions and Member 
States  work  together.  This  Communication  reviews progress  and  highlights  areas  where 
further  efforts  are  needed,  and  is  an  input  to  the  European  Council's  stock-taking  on  better 
regulation in March 2008.  

II. 

MODERNISING THE STOCK OF EXISTING LEGISLATION 

legislation  often  simplifies  matters  for  businesses,  citizens  and  public 
European 
administrations by replacing 27 sets of rules with just one. But in a rapidly changing world, 
legislation adopted over the last 50 years must be constantly reviewed and modernised. 

1. 

Simplifying existing legislation 

The  Commission’s  Simplification  Rolling  Programme  aims  to  simplify  and  modernise  EU 
legislation.  It  covers  164  measures  for  2005-2009  and  is  now  part  of  the  annual  work 

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programme. The Commission has already proposed or adopted 91 of these, and will present 
44 new measures in 2008.  

The simplification exercise brings concrete benefits. Farmers and agricultural companies, for 
example,  now  face  a  much  simplified  regulatory  framework:  21  Common  Market 
Organisations  have  been  brought  into  a  single  scheme.  Businesses  enjoy  simpler  packaging 
rules,  as  pre-packaging  requirements  on  some  70  consumer  products  have  been  repealed. 
Reduced fees and administrative assistance for SMEs registering pharmaceuticals have been 
introduced.  Simplified  type  approval  will  make  it  easier  to  register  and  sell  motor  vehicles 
while  maintaining  safety  standards.  A  more  efficient  and  competitive  payments  market  will 
make any payments within the European Union as easy, cheap and secure as payments within 
a  Member  State  are  today.  Businesses  will  benefit  from  simpler  insurance  rules  once  the 
revision of existing insurance law (Solvency II) is adopted in the near future. They will also 
benefit  from  a  modernised  customs  code,  and  are  already  benefiting  from  the  creation  of  a 
paperless environment for customs and trade. 

This  work  on  simplifying  EU  legislation  has  reached  cruising  speed.  The  Commission  will 
maintain  this  momentum.  It  will  finish  screening  all  existing  EU  legislation  to  identify 
possible areas where future simplification activities might focus, and will integrate the results 
into  the  updated  simplification  rolling  programme  to  be  presented  in  early  2009.  More 
simplification initiatives will be prepared with impact assessment1. The Commission will give 
priority to simplification that benefits SMEs and will involve stakeholders more closely in the 
preparation.  It  will  also  use  the  impact  assessment  system  to  ensure  that  new  legislative 
initiatives use every opportunity to simplify. 

The  Commission  is  increasingly  recasting2  legislation  and  is  pressing  ahead  with 
codification3.  Of  some  400  acts  that  can  be  codified,  the  Commission  has  finalised  152:  87 
have been adopted, and 65 are pending before the Council and Parliament. The codification 
programme should be completed in the next 18 months. The Commission is also identifying 
and repealing obsolete acts that no longer have real effect, but which are still in force. This 
work, which  covers  about 2 500 legal  acts, could be speeded up if fast-track procedures for 
repealing obsolete legislation could be agreed by the European Parliament and the Council. 

Finally,  the  Commission  regularly  screens  all  proposals  pending  before  the  co-legislators  to 
ensure  they  remain  relevant  and  meet  quality  standards.  78  proposals  have  been  withdrawn 
since  2005,  and  a  further  30  have  been  identified  in  the  Commission's  Legal  and  Work 
Programme for 2008. 

2. 

Reducing administrative burdens 

In  January  2007,  the  Commission  presented  an  Action  Programme  to  reduce  administrative 
burdens  on  businesses  in  the  EU  by  25%  by  20124.  The  European  Council  endorsed  the 
Action Programme in March 2007. It agreed with the target for administrative burdens of EU 

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4 

Nearly half of future Commission initiatives under the Rolling Simplification Programme (76) will be 
accompanied by an impact assessment, compared to some 10% in the past. 
Recasting combines an act and all previous amendments to it into one law when new amendments are 
adopted. 
Codification  combines  existing  acts  with  all  subsequent  amendments  into  one  law,  without  any  new 
amendments. This reduces the volume of legislation and provides legally clearer texts. 
COM(2007) 23. 

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origin  and  called  on  Member  States  to  set  “national  targets  of  comparable  ambition  within 
their spheres of competence by 2008”5. Twelve Member States have now done so6.  

A key part of the Action Programme is measuring the administrative burdens for businesses 
of meeting obligations to provide information under EU legislation and national implementing 
legislation.  The  measurement  exercise  was  launched  in  July  2007  and  covers  43  pieces  of 
legislation  (in  13  priority  areas)  estimated  to  account  for  over  80%  of  the  administrative 
burden of EU origin7.  

Hundreds of obligations in EU legislation are being identified and mapped. The way national 
legislation has  transposed  EU requirements is also under review, with the support of Single 
Contact Points appointed by each Member State. Both processes are expected to be finalised 
early  in  2008.  The  Commission  will  then  assess  the  time  and  money  businesses  spend  as  a 
result  of  these  requirements.  This  will  show  which  obligations  go  beyond  EU  requirements 
and  at  what  cost.  A  comparison  on  this  scale  is  unprecedented  and  will  help  identify  best 
practice  in  transposition.  Recommendations  for  reducing  administrative  burdens  should  be 
ready by the end of 2008. The exercise is running ahead of schedule for company law, so the 
Commission  will  be  in  a  position  to  table  proposals  in  this  field  by  summer  2008.  Member 
State  measurement  exercises  indicate  that  there  are  important  burdens  in  this  area:  early 
action, therefore, would bring significant benefits. 

The Commission is also reviewing suggestions sent by the Member States and by respondents 
to an online consultation on reducing administrative burdens8. It will also receive advice from 
the “High Level Group of Independent Stakeholders on Administrative Burdens” chaired by 
Dr Edmund Stoiber, which started work in January 2008. The members of the Group include 
the  leaders  of  several  bodies  overseeing  programmes  to  cut  red  tape  in  the  Member  States, 
and representatives from industry, small and medium-sized enterprises and environmental and 
consumer organisations, all with first hand experience of Better Regulation. The Commission 
will  also  continue  to  reduce  unnecessary  administrative  burdens  by  promoting  the  use  of 
information and communication technologies. 

To  produce  quick  results,  the  Action  Programme  also  identified  10  ‘fast  track  actions’ 
intended to generate significant benefits (estimated at € 1.3 billion) through relatively minor 
changes  in  the  underlying  legislation.  Four  corresponding  packages  of  legislative  measures 
were adopted by the Commission in approximately six months. One proposal was agreed by 
co-decision  in  record  time;  the  remaining  five  should  be  adopted  in  early  2008.  The 
Commission will present a number of further fast track actions before the Spring Council9.  

III. 

USING IMPACT ASSESSMENT IN THE POLICY PROCESS 

The Commission’s integrated impact assessment system is helping the EU institutions design 
better  policies  and  laws.  Impact  assessment  facilitates  better-informed  decision  making 
throughout the legislative process; it improves the quality of proposals; it promotes adherence 

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Presidency conclusions of the European Council (March 2007), p. 10. 
See Commission Working Document, Reducing Administrative Burdens in the EU - COM(2008) 35. 
http://ec.europa.eu/enterprise/admin-burdens-reduction/admin_burdens_en.htm.  In  addition,  a  study 
assessing the administrative burden on farms arising from the Common Agricultural Policy has already 
been carried out and published.  
http://ec.europa.eu/enterprise/admin-burdens-reduction/index_en.htm.  
See COM(2008) 35. 

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to the principles of subsidiarity and proportionality; and it ensures consistency with high level 
objectives  such  as  the  Lisbon  and  Sustainable  Development  strategies.  It  also  enables  the 
Commission  to  communicate  policy  more  effectively.  The  Commission  has  completed  and 
published 284 impact assessments since 2003. These assessments are public and a summary is 
available in all official languages10.  

As  part  of  a  more  general  culture  change,  impact  assessment  has  become  embedded  in  the 
working  practices  and  decision  making  of  the  Commission,  and  has  changed  how  policy  is 
shaped. Commission decisions on whether and how to proceed with an initiative are based on 
transparent evidence, stakeholder  input and thorough analysis  of options, including those of 
co-  and  self-regulation.  In  2007,  for  example,  the  Commission  stopped  three  planned 
initiatives on the basis of the impact assessments because they showed that EU action would 
not  add  sufficient  value  at  this  time11:  on  the  establishment  of  full  proportionality  between 
capital and control rights; on amending the 14th Company Law Directive concerning cross-
border  transfer  of  registered  offices,  and  on  witness  protection.  It  is  also  the  case  that 
Commission  services  are  taking  the  initiative  to  do  impact  assessments  even  when  not 
formally required to do them12. The Impact Assessment Board provides independent quality 
control and helps develop methodology.  

The  Commission  is  committed  to  improving  the  impact  assessment  system  further.  It  is 
updating the methodology and consolidating impact assessment in the policy cycle, drawing 
on  in-house  expertise,  suggestions  from  the  other  institutions,  Member  States  and 
stakeholders,  and  the  findings  of  the  2007  external  evaluation13.  The  evaluation  concluded 
that the Commission was making progress on its impact assessment objectives: improving the 
quality of proposals, providing effective aid to decision-making, and enhancing transparency. 
However,  it  also  identified  the  need  to  clarify  the  concept  of  proportionate  analysis  (i.e. 
analysis in line with the significance of the proposal) and hence better identify the initiatives 
to  be  assessed.  It  recommended  that  impact  assessments  be  prepared  earlier  in  the  policy 
development process and that quality support, including access to data sources, be improved. 
The evaluation pointed to a perception that too many impact assessments were carried out to 
justify a predetermined policy choice.  

The  Commission  has  responded  by  making  the  improvements  outlined  below.  Other 
improvements  will  follow  as  part  of  the  revision  of  the  Commission’s  Impact  Assessment 
Guidelines  to  be  finalised  after  the  European  Council  has  reviewed  progress  on  better 
regulation in March 2008.  

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13 

It should also be noted that in 2007, the Commission reinforced its evaluation policy (Communication 
on "Responding to Strategic Needs: Reinforcing the use of evaluation" - SEC(2007) 213), and plans to 
evaluate legislation and other activities more systematically to verify the assumptions made at the stage 
of the impact assessment. 
These impact assessments have been published, see   
http://ec.europa.eu/governance/impact/cia_2007_en.htm  and  COM(2007)  693.  As  of  2008, 
the 
Commission will also publish impact assessments for initiatives in the CLWP that are discontinued as a 
result of the impact assessment. 
In  2006  and  2007,  Commission  departments  carried  out,  respectively,  about  10  and  15  “voluntary” 
impact assessments; for 2008, about 50 are planned. 
This  evaluation  of  the  Commission’s  impact  assessment  system  by  The  Evaluation  Partnership  is 
published  on  http://ec.europa.eu/governance/impact/key_en.htm  The  Commission  discussed  it  at  a 
public  stakeholder  conference  in  June  2007  and  with  its  Group  of  High-Level  National  Regulatory 
Experts. 

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1. 

Consolidate impact assessment in policy making 

The impact assessment system is sound and has proven its worth as an aid in decision making, 
primarily  for  the  Commission  itself  but  also  for  the  other  institutions.  Moreover,  the 
Commission  has  ensured  that  impact  assessments  and  the  corresponding  opinions  of  the 
Impact  Assessment  Board  are  being  used  throughout  the  decision-making  making  process. 
Building  on  this  progress,  there  are  areas  where  the  system  can  be  improved.  One  area  is 
timing. Impact assessments need to be conducted earlier in the policy development process so 
that  alternative  courses  of  action  can  be  thoroughly  examined  before  a  proposal  is  tabled. 
This means early selection of items for impact assessment and early advice from the Impact 
Assessment Board on the planned work. The Commission will continue to develop this ‘up-
stream’ coordination and quality support of impact assessments of key initiatives. 

2. 

Focus resources where most value is added 

When the impact assessment  system was launched, all items in the Commission Legislative 
and  Work  Programme  were  subject  to  impact  assessment.  Experience  has  shown  that  this 
approach needs to be refined. Impact assessments should be conducted on the most important 
proposals and on those having the most far-reaching impacts, irrespective of whether they are 
included in the CLWP. They should be proportionate to the significance of the corresponding 
initiative,  meaning  that  impact  assessment  requirements  for  initiatives  with  limited  or  only 
general  impacts  will  be  scaled  down  or  waived.  In  2008  the  Commission  will  carry  out 
approximately  180  impact  assessments  compared  to  130  in  2007.  More  than  half  of  these 
concern  initiatives  which  are  not  in  the  CLWP,  including  measures  adopted  through  the 
comitology procedure. 

3. 

Provide more support  

Quality support and guidance needs to be strengthened, and the Commission will do this in 
particular through its Impact Assessment Guidelines and the Impact Assessment Board. Areas 
requiring attention include: 

•  Deciding on a proportionate level of analysis for each impact assessment, taking 
into  account  how  significant  the  likely  impacts  are  and  how  politically  sensitive 
the initiative is. 

•  Subsidiarity and proportionality: Deciding whether and how the EU should act is 
intrinsic  to  the  process  of  impact  assessment.  The  Commission  recognises  that 
regional and national impacts — often important for ensuring that the principles 
of  subsidiarity  and  proportionality  are  respected  —  require  more  attention.  New 
tools will be needed. 

•  Reinforcing analysis of specific impacts: Commission departments will pay more 
attention to the analysis of certain areas such as social and distributional impacts, 
impacts  on  the  internal  market,  on  consumers  and  SMEs,  on  regions  and  local 
authorities,  and  international  impacts.  There  is  also  a  need  to  anticipate  better 
transposition and implementation issues. 

•  Quantification: Impact assessment should quantify impacts where this is feasible 
and  proportionate  —  without  glossing  over  underlying  uncertainties.  Despite 
progress  (for  example,  administrative  costs  are  systematically  considered  and,  if 

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significant,  measured  with  the  EU  Standard  Cost  Model),  insufficient  or 
unreliable data often prevents quantification. Better support and guidance means 
reinforcing  cooperation  with  Member  States,  the  Committee  of  the  Regions,  the 
European Economic and Social Committee and stakeholders on this point. 

•  Stakeholder  and  expert  input  is  indispensable.  Consultation  is  now  routine  and 
stakeholders'  views  are  taken  into  account  from  the  beginning  of  the  policy 
process. External experts are extensively involved. The Commission reviewed its 
minimum  standards  for  external  consultation  in  2007.  It  confirmed  the  current 
rules and decided to apply them more effectively by improving feedback, ensuring 
plurality of views, etc.14. The Impact Assessment Board checks that the standards 
are correctly applied. 

4. 

Ensure rigorous quality control 

In  late  2006,  the  Commission  set  up  the  Impact  Assessment  Board  under  the  President's 
authority,  and  composed  of  high-level  Commission  officials  who  operate  independently  of 
proposing departments. It provides advice and control on methodology and quality, and draws 
on external expertise when necessary. The Board’s opinions are used when the Commission is 
making its final decision, and are made public once the initiative has been adopted15. 

The  Commission  has  now  assessed  the  first  year’s  experience,  based  partly  on  the  Board’s 
own  report16.  It  welcomes  the  Board’s  impartial  authority  and  values  its  professional 
recommendations, which have in most cases led to real improvements in impact assessments. 
The Board has helped raise standards and provided useful guidance on methodology. Further 
improvements  will  be  made  to  internal  working  methods  and  procedures.  For  example, 
ensuring  that  impact  assessments  prepared  by  services  for  certain  proposals  address  the 
recommendations of the Board before the corresponding proposals are submitted for political 
decision to the College.  

IV. 

SHARING RESPONSIBILITY 

EU rules are proposed by the Commission, and adopted by the European Parliament and the 
Council.  National  governments  and  parliaments  transpose  them  into  national  laws,  and  also 
adopt  legislation  under  their  own  responsibility,  often  complementing  it  with  regional  and 
local  rules.  All  these  rules  affect  businesses  and  citizens.  The  Better  Regulation  agenda 
therefore must be pursued as a joint effort of the EU institutions and the Member States17. In 
this  context,  the  Commission  will  continue  its  valuable  exchanges  with  the  Group  of  High 
Level National Regulatory Experts. 

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Communication on the Follow-up to the Green Paper ‘European Transparency Initiative’ - COM(2007) 
127, 21.3.2007. 
http://ec.europa.eu/governance/impact/cia_2007_en.htm. 
See the attached 2007 Report. 
For  progress  in  the  Member  States,  see  the  Second  annual  progress  report  on  implementation  of  the 
Lisbon Strategy - COM(2006) 816. 

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1. 

Delivery throughout EU decision-making 

The  Better  Regulation  exercise  will  only  produce  tangible  benefits  when  the  legislative 
improvements  proposed  by  the  Commission  are  adopted  and  enter  into  force.  The  process 
takes  time.  Higher  quality  standards  increase  the  time  it  takes  to  prepare  Commission 
initiatives. It takes on average two years for adoption by the co-legislators. Together with the 
periods allowed for the transposition and entry into force of new directives18, some four years 
and  often  double  that  time  elapses  between  conception  and  implementation  of  an  EU 
initiative.  

Against this background there is nevertheless a need to ensure that the Simplification Rolling 
Programme receives sustained support in all the European Institutions. Only 16 initiatives in 
the  Rolling  Programme  have  so  far  been  adopted  by  the  Council  and  Parliament.  The 
Commission  will  continue  to  make  simplification  proposals  in  2008,  in  the  expectation  that 
the co-legislators will give priority to ensuring adoption by spring 2009. Similarly in 2008 and 
early 2009, the Commission expects the co-legislators to give priority to adopting proposals to 
reduce administrative burdens.  

Parliament  and  Council  are  making  growing  use  of  Commission  impact  assessments  in 
examining proposals, but need to reinforce their efforts. They also need to produce their own 
impact  assessments  where  they  envisage  significant  amendments  to  a  Commission  proposal 
on issues which are not covered by the Commission impact assessment. The Commission will 
also try to ensure that impact assessments better anticipate issues that are likely to be raised in 
Council and Parliament, for example the choice of instrument for EU action. The Council and 
Parliament  may  also  ask  the  Commission  to  expand  on  aspects  of  its  original  assessment. 
Although these assessments are intended primarily to guide Commission decision-making, the 
Commission  will  decide  constructively  how  to  respond  to  these  requests  on  a  case  by  case 
basis.  The  Review  of  the  "Common  Approach  for  Impact  Assessment"19  by  the  three 
institutions in mid-2008 will be an occasion to make further progress on these issues. 

2. 

Applying Community law 

The  Commission  attaches  high  priority  to  correct  application  of  Community  law.  In 
September 2007 it suggested ways in which it can work together with the Member States to 
improve on current problem-solving, producing quicker and better results20. It also identifies 
ways for the Commission and the Member States to focus on preventive action, and for the 
Commission to manage infringements more efficiently and to provide more information. The 
Commission will develop and implement these initiatives in the coming months and evaluate 
the progress made in 2009.  

V. 

SHAPING GLOBAL REGULATION 

In an increasingly globalised world, and after many years of eliminating tariff barriers, non-
tariff  barriers  such  as  regulatory  divergence  are  increasingly  identified  as  obstacles  to 

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20 

For example, the simplification initiative amending Directive 70/156/EEC on type approval and motor 
vehicles was published in the Official Journal in October 2007 but enters into force in April 2009. The 
Commission presented the proposal in July 2003 - COM(2003) 418. 
Adopted under the 2003 Inter-institutional Agreement on Better Lawmaking. 
Communication on "A Europe of Results – Applying Community Law" - COM(2007) 502. 

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international  trade  and  investment.  Many  regulatory  differences  reflect  legitimate  policy 
choices, and comply with WTO and other international agreements. Some, however, occur as 
unintended side-effects of the way each party regulates, and may be unnecessary or harmful to 
business and consumers. 

In drawing up initiatives, the Commission already benefits from input from third countries to 
its  consultation  process.  In  addition,  the  impact  assessment  system  requires  that  external 
impacts  be  taken  into  account.  The  Commission  will  ensure  that  these  external  impacts,  for 
example,  on  trade  and  investment  and  on  developing  countries  are  examined  thoroughly. 
Where international standards exist, impact assessments will assess the option of relying on 
these rather than taking a specific European initiative. 

The Commission has a long-standing practice of dialogue on regulatory issues in multilateral 
organisations such as the OECD and UN and with key trading partners. To project the Lisbon 
strategy  abroad,  the  Commission  will  use  international  dialogue  to  address  horizontal  and 
systemic  barriers  and  facilitate  convergence  where  possible.  The  EU’s  better  regulation 
approach may provide inspiration abroad and vice versa.  

VI. 

NEXT STEPS 

This  review  shows  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: 

Simplifying legislation  

–  The  Commission  plans  to  present  45  initiatives  in  the  Simplification  Rolling 
Programme as part of its work programme for 2008, and 8 initiatives for 2009. 
The codification programme will be completed in the next 18 months. 

–  The  Council  and  Parliament  should  ensure  speedy  adoption  of  pending 
simplification  proposals,  of  which  there  are  now  about  45,  and  ensure  that  the 
simplifications are maintained in the process.  

–  The Commission calls on Council and Parliament to examine jointly options for 

fast-track procedures to repeal obsolete legislation.  

–  The  Commission  continues  to  screen  the  EU  acquis,  as  this  has  delivered  a 
steady flow of new initiatives. It will complete the screening exercise before the 
end of its term of office. 

–  The  Commission  continues  to  screen  pending  proposals  as  part  of  its  annual 
work  programme.  It  reiterates  its  recommendation  that  future  Commissions 
screen pending proposals on taking office to ensure that draft legislation is in line 
with political priorities.  

Reducing administrative costs 

–  Given  that  only  a  joint  effort  will  deliver  reductions  of  bureaucracy,  the 
Commission  proposes  that  Member  States  which  have  not  done  so  adopt  or 

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announce  their  reduction  targets  by  March  2008  so  that  the  Spring  Council  can 
take stock and give further guidance.  

–  The Commission calls on the Council and the  European  Parliament to adopt the 
outstanding fast track proposals before the European Council and to give priority 
to the fast track proposals which the Commission will make in 2008. 

–  The Commission will work with Member States and give assistance. 

–  The Commission will present the results of the measurement exercise by the end 
of the year, together with a number of additional measures to meet the 25% target. 
Proposals on reducing burdens in company law will be made before summer. The 
information obtained from this exercise will help Member States reduce burdens 
flowing from the transposition and implementation of EU legislation.  

Using impact assessment to draft initiatives 

–  In 2008 the Commission expects to carry out more than 180 impact assessments. 

–  In spring 2008 the Commission will revise its impact assessment Guidelines and 

develop guidance and support in line with this communication. 

–  The Commission will strengthen the role of the Impact Assessment Board.  

–  Council  and  Parliament  should  reinforce  the  use  of  impact  assessment  in  the 
legislative  process,  by  examining  Commission  impact  assessments  and  by 
producing impact assessments of substantive amendments. The Commission calls 
on the other institutions to be more transparent about their own impact assessment 
work, as foreseen in the Common Approach to Impact Assessment. 

–  In the review of the Common Approach to Impact Assessment, the Commission 
expects  a  commitment  to  conducting  impact  assessments  on  Member  State 
initiatives in the area of Title VI of the TEU (police and judicial cooperation in 
criminal matters).  

Sharing responsibility 

–  In 2008, the European Council will review progress on better regulation and 
the  Parliament,  Council  and  the  Commission  will  jointly  review  the  “Common 
Approach to Impact Assessment”.  

Applying Community Law  

–  The  Commission  calls  on  Member  States  to  work  with  it  to  ensure  correct 

application of Community Law. 

Helping to shape global regulation 

–  The Commission will reinforce assessment, where relevant, of the international 
impacts of EU action so as to facilitate international trade and investment, and to 
support developing countries. 

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–  The  Commission  will  work  closely  with  international  organisations  and  third 
countries  to  develop  respective  approaches  to  rulemaking  and,  where  possible, 
promote convergence. 

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VII. 

CONCLUSION 

Much has been achieved in developing better regulation in the EU. Improving regulation and 
delivering  benefits  to  citizens  and  business  needs  time,  financial  and  human  resources,  and 
adjustment  of  institutional  and  administrative  structures.  This  cannot  be  achieved  without 
sustained political support.  

The  Commission  is  strongly  committed  to  playing  its  part,  investing  heavily  in  its  Rolling 
Simplification Programme and its Action Programme for reducing administrative burdens, and 
continuously strengthening its impact assessment system. Ultimately success will depend on the 
commitment  of  the  other  European  institutions,  the  Member  States,  local/regional  authorities, 
and stakeholders, and the Commission calls on them to join this collective effort.  

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