COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS BETTER GOVERNANCE FOR THE SINGLE MARKET
Date: 2012-06-08
Institutions: European Commission
Subjects: EU control, competitiveness, economic growth, electronic government, governance, job creation, national implementing measure, single market, tertiary sector, trans-European network

EUROPEAN COMMISSION 

Brussels, 8.6.2012  
COM(2012) 259 final 

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

BETTER GOVERNANCE FOR THE SINGLE MARKET 

EN 

   EN 

 
 
 
 
  
 
 
BETTER GOVERNANCE FOR THE SINGLE MARKET 

INTRODUCTION  

The crisis has shown that the EU needs to act to improve its economic model and restore 
competitiveness.  This  requires  a  mix  of  sound  public  finances,  deep  structural  reforms 
and  targeted  investment.  Europe  2020  is  the  EU's  strategy  to  boost  sustainable  growth 
and the creation of jobs and the Single Market has a key role to play in this.  

The Single Market is a key driver for economic growth. However, to reap the benefits it 
brings, its rules must be properly implemented and enforced. Whilst the Commission has 
been  working  in  partnership  with  Member  States  to  this  end,  the  situation  today 
demonstrates that there is much room for improvement. The average transposition deficit 
has risen again from 0,7 in 2009 to 1,2% in February 2012, and Member States are taking 
an ever longer time (8 months on average) to transpose Directives after the transposition 
deadline  has  lapsed.  The  duration  of  infringement  procedures  has  further  increased  to 
25,5 months on average.1 And even where rules are correctly transposed, they often do 
not work well in practice. Businesses and citizens often do not understand their rights and 
encounter many difficulties when trying to exercise them.2  

Making what we have, work better in practice is a "quick win" for growth and jobs. 
For  instance,  a  better  implementation  of  the  Services  Directive  could  deliver  up  to  an 
estimated additional 1.8% of EU GDP, as shown in a Communication adopted today by 
the  Commission.3  And  it  has  been  calculated  that  a  more  efficient  transposition  of  EU 
legislation  could  reduce  administrative  burdens  by  one  third,  leading  to  an  overall  cost 
saving of nearly 40 billion euro.4    

The March 2012 European Council recognised the need to strengthen the governance of 
the Single Market and to improve its implementation and enforcement. Similar calls have 
been  made  by  the  European  Parliament.5  In  response,  this  Communication  calls  for  a 
renewed  commitment  to  make  the  Single  Market  effectively  deliver  for  growth.  In 
particular, it proposes: 

1   Commission staff working document "Making the Single Market Deliver - Annual Governance Check-

up 2011", SWD(2012) 25 final, 24.2.2012. 

2   See  for  instance  the  Commission  staff  working  paper  "The  Single  Market  through  the  lens  of  the 
people: A snapshot of citizens' and businesses' 20 main concerns", SEC(2011) 1003 final, 16.8.2011. 
3   Communication  on  the  implementation  of  the  Services  Directive:  A  partnership  for  new  growth  in 

services 2012-2015, COM(2012)261 

4   Report  from  the  High  Level  Group  of  Independent  Stakeholders  on  Administrative  Burdens,  15 

November 2011. 

5   European Parliament Resolution of 6 April 2011 on governance and partnership in the Single Market 
(2010/2289 INI) and European Parliament Resolution of 20 May 2010 on delivering a Single Market 
to consumers and citizens (2010/2011 INI). 

Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111 

http://ec.europa.eu/internal_market/ 

 
 
 
                                                 
•  a particularly ambitious course of action to make swift progress in key areas with 

the greatest growth potential (Part I); 

•  concrete  measures  to  further  improve  the  Single  Market  'governance  cycle',  i.e., 
the  way  Single  Market  rules  are  designed,  implemented,  applied  and  enforced 
(Part II). 

1.  MOBILISATION:  FOCUS  OUR  EFFORTS  TO  MARK  SWIFT  PROGRESS  IN  AREAS  WITH 

MOST GROWTH POTENTIAL  

1.1.  Focus on key areas  

In the current times of economic crisis, there is a need to focus scarce resources on what 
matters most: taking the steps needed to unlock the Single Market's full growth potential 
in  areas  where  such  potential  is  the  greatest.  Whilst  continuing  to  closely  monitor  and 
enforce compliance with Treaty rules, the Commission has therefore decided to set and 
review 'key areas' on a regular basis, based on economic indicators. Member States 
and the Commission should agree on concrete actions and targets to quickly improve the 
way the Single Market functions in these areas.  

Based on an analysis of today's European economy, attention in 2012-2013 should, in the 
Commission's view, focus on key services sectors and the network industries. Within 
the  services  sector,  particular  attention  should  be  given  to  wholesale  and  retail  trade, 
business  services,  construction  and  financial  intermediation  services.  Further,  much 
could  be  gained  from  a  better  functioning  digital  Single  Market  and  a  stronger  Single 
Market in the energy and transport sector. The Annex to this Communication sets out in 
detail how these key areas have been selected and which legislative acts should receive 
special  attention  in  these  areas.  The  list  of  areas  and  pieces  of  legislation  will  be 
reviewed on a regular basis, with a view to defining possible adjustments. 

In addition, swift delivery on the key actions to boost growth and consumer and business 
confidence  included  in  the  Single  Market  Act  should  also  be  considered  a  priority,  in 
particular  in  light  of  their  horizontal  benefit  to  a  better  functioning  Single  Market  and 
their potential contribution to growth.  

To make swift progress in these key areas, special efforts are needed to ensure that rules 
are properly implemented (point 1.2). In addition, the Commission will make use of the 
European  semester  process  to  monitor  how  the  Single  Market  functions  in  these  areas 
and define new actions, at both EU and national level (point 1.3). 

1.2.  Set ambitious targets to ensure proper implementation  

In recent years, important pieces of legislation have been adopted in the aforementioned 
key areas (see Annex). We must now concentrate on making them work in practice. To 
this  end,  the  Commission  and  Member  States  should  join  forces  to  ensure  a  swift 
transposition and effective implementation of rules.  

For  Directives  that  are  yet  to  be  transposed,  the  Commission  will  enhance  its 
transposition  assistance.  For  instance,  it  will  engage  in  informal  contacts  with  national 
officials on a bilateral basis and set up expert groups and provide on-line fora to discuss 
and  exchange  best  practices  amongst  national  experts,  as  early  as  possible  in  the 

3 

 
 
transposition  process.  It  will  conduct  systematic  conformity  checks  and  will  take 
supportive measures to make rules work in practice across the Member States.  

Member States should:  

• 

informally  submit  to  the  Commission  specific  aspects  of  draft  transposition 
measures, where they or the Commission consider it appropriate, in order to make 
the  Commission's  assistance  as  effective  as  possible  during  the  transposition 
period and to secure rapid implementation;  

•  commit  to  ‘zero  tolerance’  when  it  comes  to  transposition  of  directives,  i.e. 
respecting a transposition deficit target6 and a conformity deficit target7 of 0%;  

•  provide an on-line explanation of how they have transposed rules and how these 

rules work in practice.8 

As  regards  Regulations,  the  Commission  will  also  step  up  efforts  to  secure  proper 
implementation. In addition, for legislation that has been transposed and implemented for 
some  time,  the  Commission  will  conduct  in-depth  reviews  to  see  how  rules  are 
implemented and work in practice, not only in legal but also in practical and economic 
terms. In this context, it may propose peer review exercises. 

Where  problems  persist,  the  Commission  will  use  its  enforcement  powers  with  the 
utmost vigour and calls on Member States to co-operate with it to ensure that breaches 
of EU law are swiftly brought to an end. In particular Member States should undertake 
to:  

•  engage  actively  in  the  process  and  rapidly  provide  information  with  a  view  to 
ensuring  quick  compliance  to  allow  the  duration  of  infringement  procedures  in 
key areas to be reduced to a political target of 18 months on average;9  

•  secure  swift  compliance  with  reasoned  opinions  so  as  to  guarantee  the  effective 
functioning  of  the  Single  Market  without  the  need  to  bring  the  case  before  the 
Court of Justice; 

•  speed up the process for complying with judgments of the Court of Justice. The 
political  ambition  should  be  to  achieve  full  compliance  within  12  months  on 
average.10   

6   The transposition deficit measures the number of Directives which have not been transposed in time. 
7   The conformity deficit measures the number of Directives against which infringement proceedings for 

non-conformity are opened.  

8   Given  their  importance  for  growth,  the  Commission  considers  that  for  new  pieces  of  legislation 
included in the Annex, Member States should accept to go beyond the agreement reflected in the Joint 
Political Declaration of 28 September 2011 on explanatory documents (2011/C 369/02).     

9   Calculated from the date on which the Commission sends a letter of formal notice to the completion of 

the pre-litigation phase. 

10   Taking  account  of  the  fact  that,  in  some  complex  cases,  a  longer  implementation  period  may  be 
justified (see Case C-278/01, Commission v. Spain, 25 November 2003, in particular paras 43 ff.). 

4 

 
 
                                                 
1.3.  Monitor and define remedial action in the European semester process  

Given the key role the Single Market plays in boosting sustainable growth and creating 
jobs, the Commission proposes to make use of the European semester process to monitor 
the  functioning  of  the  Single  Market,  develop  enhanced  peer  pressure  at  the  level  of 
Heads of State or Government and present actions to fight remaining obstacles, at both 
European and national level. 

To this end, the Commission will prepare an Annual report on the integration of the 
Single  Market.  This  report  will  present  an  analysis  of  the  state  of  Single  Market 
integration and look at the way the Single Market functions in practice, in particular in 
key  areas  and  for  key  market  actors,  including  businesses  and  consumers.  To  the 
maximum extent, it will measure how well the Single Market functions in these areas by 
making use of concrete benchmarks.  

On this basis, the Commission will identify the main policy challenges and set priorities 
for action for the coming year at both EU and national level. Actions may include both 
legislative  and  non-legislative  initiatives.  A  particular  attention  will  be  given  to 
minimizing burdens for SMEs.11 Where necessary, assessments will go beyond existing 
rules with the view to exploiting the full potential of the Single Market, in particular by 
promoting best practices.    

The Annual Report will be part of the Annual Growth Survey, so as to be discussed by 
the  Council  and  the  European  Parliament  and  be  endorsed  by  the  Spring  European 
Council.  The  Annual  report  will  contribute  to  the  definition  of  country-specific 
recommendations, which will be based on a more in-depth analysis of performance in 
each Member State, in the context of the European semester process.  

To unlock the Single Market's full growth potential, Member States and the Commission 
must undertake to make swift progress in areas with most growth potential. The Annex 
defines these key areas and lists legislative acts belonging to these areas requiring special 
attention.  

The Commission will: 

•  Undertake  concrete  action 

to  help  ensure  a 

timely,  correct  and  efficient 

implementation of EU rules in these key areas; 

•  Prepare an Annual report on the integration of the Single Market, to monitor how the 
Single Market functions in practice and to identify further action at EU and national 
level; 

•  Regularly  review  the  list  of  key  areas  and  legislative  acts  with  a  view  to  defining 

possible adjustments. 

For  key  legislative  acts  belonging  to  the  growth-potential  areas,  Member  States  should 
commit to: 

11   Cf., Report from the Commission to the Council and the European Parliament "Minimizing regulatory 
burden for SMEs - Adapting EU regulation to the needs of micro-enterprises", COM(2011) 803 final, 
23.11.2011. 

5 

 
 
 
                                                 
•  Meet  transposition  deadlines  and  transpose  legislation  correctly  (0%  transposition 

and conformity deficit); 

• 

Informally  submit  specific  issues  relating  to  draft  transposition  measures  to  the 
Commission and provide on-line explanations of how they have transposed rules and 
how these rules work in practice, once transposition measures are adopted; 

•  Undertake all efforts to ensure swift compliance, reducing accordingly the duration of 
infringement procedures to a political target of 18 months on average and the time for 
full compliance with Court of Justice judgments to a political target of 12 months on 
average. 

The  Commission  intends  to  measure  compliance  with  these  commitments  on  a  regular 
basis. 

2.  EFFECTIVENESS:  MAKE  THE  SINGLE  MARKET  WORK  BETTER  FOR  BUSINESSES 

AND CITIZENS  

The  Single  Market  has  considerably  evolved  over  the  least  20  years.  The  way  it  is 
governed must keep pace with this evolution. In recent years, important steps have been 
taken to improve the way rules are made, transposed, implemented and enforced, at both 
EU and national level.12 It is now time to consolidate and mainstream best practice, with 
a  view  to  ensuring  that  Single  Market  rules  effectively  work  throughout  the  European 
Union:  

2.1.  Apply smart regulation principles when making and implementing Single 

Market rules 

For the Single Market to work in practice, its legal framework should be of the highest 
quality at both EU and national level. In particular, rules should be made, transposed and 
implemented in such a manner that they effectively 'work' for those for whom they are 
intended. It is therefore of crucial importance that all EU institutions and Member States 
comply  with  existing  recommendations  to  achieve  smart  regulation13  and  to  keep  the 
level  of  administrative  burdens,  in  particular  on  SMEs  and  micro-entities,  to  the 
minimum level, in accordance with the 'Think Small' principle.14  

In  particular,  before  adopting  rules  at  the  EU  level,  relevant  authorities  should  check 
whether draft rules meet at least the following requirements: (i) rules must be clear, easy 
to  understand  and  unambiguous;  (ii)  rules  must  achieve  their  intended  effect  without 
causing unnecessary burdens on businesses, citizens or administrations (no 'goldplating'); 
(iii) where businesses and citizens need to comply with procedures, they should be able 
to do so swiftly and via electronic means; (iv) rules should guarantee that businesses and 

12   See  Commission  Recommendation  of  29  June  2009  on  measures  to  improve  the  functioning  of  the 
Single  Market  (2009/524/EC)  and  the  Communication  "Single  Market  Act  -  Twelve  levers  to  boost 
growth  and  strengthen  confidence:  Working  together  to  create  new  growth",  COM(2011)  206  final, 
14.4.2011. 

13   See the Communication "Smart Regulation in the European Union", COM(2010) 543 final, 8.10.2010, 

and the Inter-Institutional Agreement on better law-making (2003/C 321/01).  

14   Cf., Report "Minimizing regulatory burden for SMEs - Adapting EU regulation to the needs of micro-

enterprises", supra. 

6 

 
 
  
                                                 
citizens  find  information  and  help  and  have  access  to  fast  and  effective  redress  where 
needed.  

To  achieve  compliance  with  these  principles,  stakeholders  should  be  involved  to  the 
maximum  extent  at  all  stages  of  law  making  and  implementation.  Best  practices 
developed in some areas15 should, to this end, be further mainstreamed.  

The Commission for its part will ensure that all proposals for Single Market legislation 
are operable and enforceable, at minimum administrative cost. Where appropriate, it will 
propose  Regulations  instead  of  Directives,  notably  where  there  is  no  need  for  further 
discretion  when  implementing  the  proposed  EU  rules.  The  Council  and  Parliament 
should  also  ensure  a  full  compliance  with  the  aforementioned  principles,  in  their  daily 
work as co-legislators.  

Once  EU  legislation  is  adopted,  it  falls  on  Member  States  to  ensure  that  domestic 
implementation measures are in line with aforementioned smart regulation principles.   

2.2.  Make  smarter  use  of  IT-tools  to  inform  businesses  and  citizens  and 

enable them to make use of their rights and opportunities  

For  the  Single  Market  to  work  in  practice,  businesses  and  citizens  need  to  know  their 
rights  and  opportunities  and  be  able  to  make  an  effective  use  of  them.  In  recent  years, 
various tools and systems have been developed to address these needs, but more can be 
achieved, by further building on what exists, making a smarter use of IT technology and 
better connecting initiatives at the national and EU level. 

The  Commission  will  further  work  to  ensure  that  practical  information  and  help  on 
Single  Market  rights  is  accessible  via  a  single  gateway,  i.e.,  the  Your  Europe  portal. 
Member States should also step up efforts to provide user-friendly information on how 
rules  work  in  practice  within  their  territories  and  co-operate  with  the  Commission  to 
ensure  interoperability  between  national  and  EU-level  information.  The  Commission 
will, in 2013, present an Action Plan setting out concrete steps and targets to complete 
the  provision  of  good-quality  information  on  Single  Market  rights  and  enhance 
awareness about them, at national and EU level.      

Further,  e-government  procedures  should  be  available  whenever  businesses  and 
citizens  must  complete  administrative  formalities  to  make  use  of  their  Single  Market 
rights, in particular in a cross-border context.16  

Finally,  where  administrations  need  to  co-operate  with  each  other  in  a  cross-border 
context, such co-operation should be facilitated by on-line tools such as, among others, 
the  Internal  Market  Information  system,  which  the  Commission  intends  to  expand  to 
other  areas.  The  new  IMI  Regulation,  which  the  Commission  hopes  the  European 
Parliament  and  Council  will  adopt  very  soon,  will  greatly  contribute  to  administrative 
cooperation in full compliance with rules on the protection of personal data.17 

15   E.g., the Citizen's energy forum. 
16   To  this  end,  Member  States  should  further  develop  the  Single  Points  of  Contact,  cf.,  the  Services 

Implementation report adopted today. 

17   Cf.,  Proposal  for  a  Regulation  of  the  European  Parliament  and  of  the  Council  on  administrative  co-

operation through the internal market information system, COM(2011) 522. 

7 

 
 
                                                 
Systematic obligations to inform and make use of IT tools when communicating with or 
between authorities should be foreseen in all new legislation as of January 2013.  

At  the  same  time  and  with  a  view  to  keep  resource  costs  at  bay,  the  Commission  will 
work on a coherent strategy to further develop existing tools so that they can address all 
information, e-government and administrative cooperation needs in multiple policy areas, 
without  creating  duplications.18  It  will  also  continue  to  foster  an  exchange  of  best 
practice in this area and monitor progress. 

2.3.  Ensure fast and effective problem-solving and redress  

Too  many  problems  businesses  and  citizens  encounter  in  the  Single  Market  remain 
unresolved, or are resolved only at the expense of much time and cost. To make Single 
Market law enforcement more effective, there is a need to further develop and strengthen 
existing mechanisms and achieve better synergies between them. Steps should be taken 
to  ensure  that  problems  can  effectively  be  resolved  at  the  national  level  and,  where 
possible, via informal means. At the same time, citizens and businesses always have the 
right  to  turn  with  complaints  to  the  Commission.  As  Guardian  of  the  Treaties,  the 
Commission will prioritise the most serious cases of non-compliance with EU law.  

To make enforcement more effective and better respond to the needs of businesses and 
citizens, the Commission envisages, in particular, the following measures:  

First, there should be one, easily accessible and first-line help service at the national 
level  that  businesses  and  citizens  can  turn  to  when  encountering  problems  in  trying  to 
make use of the rights and opportunities offered by the Single Market. Such help service 
could be built by further developing the existing SOLVIT centres, on the basis of good 
practice already developed in various Member States. Businesses and citizens coming to 
such help service ('second-generation SOLVIT centres') should be able to either obtain a 
quick and informal solution to their problem or, where such is not possible, a fast advice 
on  where  to  turn  to  for  help  and  redress.  To  this  effect,  the  Commission  will  take  an 
initiative to modernise the Recommendation governing SOLVIT by the end of 2012 and 
will take supportive action.19 It will also seek to further enhance its co-operation with the 
SOLVIT network, for instance by passing on complaints to them and following up more 
systematically to unresolved cases.  

At the same time, steps must be taken to ensure that for each law-related problem in 
the Single Market, fast and effective problem-solving mechanisms are available and 
can  be  easily  found.  To  this  end,  the  Commission  will  step  up  efforts  to  identify  and 
overcome remaining gaps in informal problem-solving and to monitor their functioning 
in practice. In particular, it intends to actively work with Member States and stakeholders 
to  ensure  that  quality  alternative  dispute  resolution  tools  and  mediation  procedures  are 
effectively  put  in  place  and  work  in  practice,20  and  to  establish  an  EU-wide  on-line 

18   See also the programme for interoperability solutions for European public administrations, Decision n° 

922/2009/EC of the European Parliament and the Council of 16 September 2009. 

19   Cf., Commission staff working document "Reinforcing effective problem-solving in the Single Market 
–  Unlocking  SOLVIT's  full  potential  at  the  occasion  of  its  10th  anniversary",  SWD(2012)  33  final, 
24.02.2012. 

20   Cf., Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain 
aspects  of  mediation  in  civil  and  commercial  matters;  Proposal  for  a  Directive  of  the  European 
Parliament and of the Council on alternative dispute resolution for consumer disputes – COM(2011) 
793 final. 

8 

 
 
                                                 
platform for the cross-border complaints.21 It is also considering an initiative to facilitate 
the resolution of problems related to double taxation.  

The day-to-day functioning of the Single Market crucially depends on the efficiency and 
quality of national judicial systems. Member States must commit to guaranteeing fast and 
effective judicial redress, including by promoting the use of the European Small Claims 
Procedure.22 The Commission will further develop the e-Justice portal to improve access 
to justice throughout the EU. Further, adequate compensation should be available when 
businesses and citizens incur damages as the result of breaches of their EU rights. 

National  authorities  should  also  engage  in  joint  market  surveillance  and  enforcement 
actions,  such  as  joint  actions  ('sweeps')  to  secure  compliance  with  consumer  protection 
rules.   

Finally, in its role of 'Guardian of the Treaty', the Commission will ensure an effective 
and  swift  use  of  the  instruments  it  has  at  its  disposal  (pre-infringement  and 
infringement  procedures)  to  remove  barriers  to  growth  and  the  uptake  of  jobs.  The 
Commission  will  focus  with  vigour  on  systemic  problems  (such  as  late  or  incorrect 
transposition) that have an economically adverse effect on the functioning of the Single 
Market.  

2.4.  Better monitoring, co-ordination and control 

To date, responsibilities for making the Single Market work in practice in Member States 
and  within  the  Commission  are  often  scattered  over  a  great  number  of  services  and 
instances, at all levels. Good practice already developed in several Member States shows 
however  that  the  best  results  are  achieved  where  there  is  one  instance  within  the 
national  administration  in  charge  of  overseeing  and  monitoring  the  functioning  of 
the Single Market at the national level.23 The Commission therefore recommends that 
such  good  practice  is  followed  everywhere.  In  particular,  such  national  co-ordinating 
entities ('Single Market centres') should:  

•  monitor  the  timely  transposition  and  effective  implementation  of  Single  Market 

rules (and liaise with relevant national parliamentary bodies on this); 

•  ensure  that  citizens  and  businesses  are  informed  of  relevant  national  rules  and 
procedures (in co-operation with existing tools and relevant networks, such as for 
instance the Enterprise Europe Network and the European Consumer Centres);  

•  provide  guidance  and  promote  good  practices  amongst 

the 

relevant 

administrations; 

•  detect,  gather  data  and  evidence  on  problems  and  obstacles  to  an  effective 

functioning of the Single Market in their countries, and  

21   Cf.,  proposal  for  a  Regulation  of  the  European  Parliament  and  of  the  Council  on  online  dispute 

resolution for consumer disputes - COM(2011) 794 final. 

22   Regulation  (EC)  No  861/2007  of  the  European  Parliament  and  of  the  Council  of  11  July  2007 

establishing a European Small Claims Procedure 

23   Cf.,  Commission  Recommendation  of  29  June  2009  on  measures  to  improve  the  functioning  of  the 

Single Market - 2009/524/EC.  

9 

 
 
                                                 
•  act as a contact point for EU institutions.  

These entities could also be made responsible for offering first-line help where rights are 
breached (cf. supra). 

The Commission will set up a European network of these national entities, by giving a 
new  mandate  to  its  existing  Internal  Market  Advisory  Committee  to  look  at  Single 
Market  integration  and  governance  issues,  and  by  making  use  of  on-line  platforms.  It 
falls  of  course  on  Member  States  to  decide  on  the  institutional  shape  of  such  an  entity 
and its articulation with existing structures. 

To further improve the way Single Market rules are made, transposed, implemented and 
enforced,  Member  States  should  co-operate  with  each  other  and  the  Commission  to 
ensure that: 

• 

the Single Market legal framework is of the highest quality and effectively works in 
practice; 

•  user-friendly  information  is  available  about  Single  Market  rights  and  how  to  make 

use of them; 

•  businesses  and  citizens  can  comply  with  administrative  formalities  necessary  to 

exercise their Single Market rights by electronic means; 

•  administrations needing to communicate with each other are linked up electronically; 

•  effective  first-line  help  centres  exist  at  the  national  level  where  businesses  and 
citizens  can  turn  to  when  encountering  problems  in  the  Single  Market  ('second-
generation SOLVIT centres'); 

• 

fast and effective redress is available for all Single-Market related problems; 

•  a  network  of  national  'Single  Market  centres'  is  established  to  monitor  and  oversee 

efforts to improve the functioning of the Single Market.  

The  Commission  will  monitor  progress  achieved  on  all  these  actions  and  measure 
performance on a regular basis. 

CONCLUSION 

The Single Market is the EU engine for growth, but also a benchmark for commitment to 
structural reform in Member States. In addition to a renewed push for reform at EU level, 
ensuring  it  delivers  fully  requires  a  change  of  approach  in  its  governance.  This  means 
reinstating  political  oversight  at  the  highest  level,  eschewing  any  artificial  distinctions 
between  what  takes  place  at  EU  level  and  what  takes  place  at  Member  State  level  and 
developing  more  efficient  tools  to  ensure  the  Single  Market  delivers  for  citizens  and 
businesses. 

The  Commission  invites  the  Member  States  to  take  the  necessary  steps  to  implement 
these actions and comply with the targets proposed in this Communication. 

10 

 
 
 
 
The  Commission  will  work  in  partnership  with  Member  States  to  support  them  in  this, 
and  in  addition  to  the  other  actions  under  this  Communication,  the  Commission  will 
provide a first report on the integration of the Single Market and the implementation of 
this communication as part of the Annual Growth Survey 2013. 

11 

 
 
Annex 

Key areas and legislative acts requiring special attention 

The  Single  Market  contributes  to  growth  and  jobs  in  Europe.  Analysis  shows  however 
that gains stemming from the creation of the Single Market could be significantly higher 
if remaining obstacles and cross-border barriers were removed. The situation is different 
from  sector  to  sector  however.24  To  make  swift  progress,  the  Commission  proposes  to 
focus  on  sectors  or  horizontal  issues  where  further  market  integration  (and  therefore  a 
better  functioning  Single  Market)  is  likely  to  bring  about  the  most  significant  gains  in 
growth and jobs across the EU.  

Based  on  economic  analysis,  the  key  areas  identified  for  2012-2013  are  the  services 
sector (including retail and wholesale trade, business services, construction and financial 
intermediation  services),  transport,  the  digital  economy  and  the  energy  sector.  The  key 
actions included in the Single Market Act must be added to this list, as they have been 
identified  as  key  measures  for  boosting  growth,  jobs  and  confidence  and  have  a 
horizontal impact on a better functioning Single Market. 

This annex sets out how the Commission has identified key areas for 2012-2013. It also 
presents a list of the most important pieces of legislation falling within these areas, where 
particular effort should be undertaken to secure timely transposition, proper application 
and rigorous enforcement.  

Methodology  and  criteria  for  defining  key  areas  for  improving  the 

1. 
functioning of the Single Market 

To define key areas, the Commission has made use of a benchmarking exercise assessing 
the  performance  of  each  sector  of  the  economy  in  each  country  within  EU27,  against 
what  is  known  to  be  an  achievable  level  of  performance,  represented  by  the  best 
performing countries in the EU.25 Such benchmarking provides an initial assessment of 
the untapped potential of the Single Market by sector.  

Sectors are identified by applying four criteria or four 'tests': 

•  Production benchmarking: This test uses a selection of key quantitative indicators 
covering the inputs into the production of goods and services to identify sectors 
which demonstrate the highest untapped potential to generate growth, by comparing 
performance against the best performing significant economy for that sector. 
Indicators include labour productivity, innovation, employment growth and 
sustainability criteria;  

Product  market  monitoring,  European  Commission,  Directorate-General  for  Economic  and 

24  
Financial Affairs (2010b). 
25   
A  comprehensive  presentation  of  the  proposed  methodology  and  its  quantified  results  will  be 
presented in the study the "cost of non-Europe" currently under preparation for the Commission by London 
Economics and PWC under the technical supervision of BEPA and to be published in fall 2012. 

12 

 
 
 
                                                 
•  Economic importance: This test analyses whether the sector is significant enough in 
terms of economic scale to make a non-negligible impact on growth if the root causes 
of its untapped potential were addressed; 

•  Dynamic factors: This test aims to analyse whether the sector appears to already 

address its untapped potential, based on factors such as the sector's capacity to create 
employment growth and its possible convergence with benchmark labour 
productivity levels; 

•  Single Market factors: This test aims to see whether there is evidence that 

improvements to the Single Market could harness untapped potential. It looks at 
issues such as the existence of disparate legislation / regulation across Member 
States, consumer satisfaction, (lack of) competition, (lack of) integration between 
domestic markets, long term decline in demand and existing policy initiatives.   

Applying these four tests to the 67 economic sectors (as defined by the "classification of 
Economic  Activities  in  the  European  Communities"26)  that  compose  the  EU  economy, 
the  following  areas  appear  to  offer  most  growth  potential,  if  the  single  market  were  to 
function better:  

•  Services (including retail and wholesale trade, business services, and 

construction) 

•  Financial (intermediation) services 

•  Transport (rail, road, aviation and maritime) 

•  Digital economy (including broadband deployment and e-commerce) 

In addition, the Commission considers that the energy sector is to be considered as a key 
market  in  Single  Market  policies,  because  of  its  strategic  role  as  an  enabling  industry 
providing an essential service to the other sectors of the economy. 

The  methodology  used  to  define  the  key  areas  will  be  reviewed  on  a  regular  basis, 
amongst others in the context of the European Semester Process. 

2.  

List of key legislative acts   

In  all  aforementioned  key  areas,  legislative  acts  have  been  adopted,  or  are  about  to  be 
adopted,  to  improve  the  Single  Market.  Hereunder,  a  list  is  provided  of  key  legislative 
acts  in  these  sectors,  i.e.,  acts  that  must  be  properly  implemented,  transposed  and 
enforced to ensure that the Single Market's growth potential in these sectors can be fully 
exploited. 

The Commission considers that enhanced efforts and commitments are needed from both 
the Member States' and the Commission's side, to make the Single Market function to its 
full potential. For each legislative act listed below, it is explained how the Commission 

26   NACE Classification, 2 digit level 

13 

 
 
                                                 
intends to work with Member States to ensure proper implementation. Where needed, the 
Commission will also make use of its enforcement powers to secure full compliance.    

Key area 

Legal act 

Proposed action  

Services 

Directive 
2006/123/EC  of  the 
European Parliament 
and  of  the  Council 
12  December 
of 
2006  on  services  in 
the internal market 

In  order  to  address  shortcomings  in  the 
the 
implementation  and  application  of 
Services  Directive  as 
the 
in 
Communication on services, the Commission 
will deploy efforts on several fronts including 
bilateral  meetings,  peer  review  meetings  in 
small  groups  of  Member  States  and  country 
specific recommendations. 

identified 

Directive  2008/6/EC 
of 
the  European 
Parliament  and  of 
the  Council  of  20 
February 
2008 
amending  Directive 
with 
97/67/EC 
regard 
the  full 
to 
accomplishment  of 
the  internal  market 
of 
Community 
postal services 

Directive 
2005/36/EC  of  the 
European Parliament 
and  of  the  Council 
of 7 September 2005 
on the recognition of 
professional 
qualifications 

Directive  2011/7/EU 
the  European 
of 
Parliament  and  of 
the  Council  of  16 
February  2011  on 
late 
combating 
payment 
in 
commercial 
transactions 

checks.  To 

7  Member  States  have  not  transposed  the 
Postal  Services  Directive 
(transposition 
deadline  end  2012).  Most  Member  States 
have  submitted  draft  pieces  of  legislation  for 
proper 
informal 
implementation  of 
the 
systematic 
Commission 
conformity  checks  of  legislation  adopted.  In 
addition,  the  European  Regulators  Group  for 
Postal  Services  (ERGP)  will  continue  to 
exchange  information  and  best  practice  on 
implementation issues.   

ensure 
the  Directive, 

conducting 

is 

and 

implementation 

The Commission will continue to discuss the 
proper 
practical 
functioning of the Directive within the Group 
fostering 
of  National  Co-ordinators,  by 
amongst  other  exchanges  of  best  practice. 
The  Group  of  National  Coordinators  will 
continue  to  monitor  performance,  including 
the 
by  following  up  on 
performance checks exercise. 

the  results  of 

The  Commission 
is  providing  enhanced 
assistance  for  voluntary  transposition  before 
the  deadline  of  16  March  2013.  It  has  called 
twice on Member  States to  step up efforts  to 
adopt  national  transposition  measures.  In 
addition  a  Late  Payment  Expert  Group  was 
set  up  and  an  information  campaign  will  be 
launched throughout the Union. 

Financial 
(intermediation) 
services 

for 
of 

a 
Proposal 
Directive 
the 
European Parliament 
and  of  the  Council 
on  the  access  to  the 

The  Commission  will  promote  active  use  of 
the  Your  Question  on  Legislation  IT  tool  to 
assist Member States with transposition of the 
directive. Meetings will be held with Member 
States and the European Banking Authority to 

14 

 
 
facilitate  transposition.  The  Commission  will 
also  organise  workshops  and  will  conduct 
systematic 
the 
legislation.  

conformity 

checks 

of 

The  Commission  will  promote  active  use  of 
the  Your  Question  on  Legislation  IT  tool  in 
order  to  help  Member  States  implement  the 
Regulation.  Meetings  will  be  held  with 
Member  States  and  the  European  Banking 
Authority  on 
the 
Regulation. 

implementation  of 

the 

(e.g. 

the  SEPA  Council. 

Technical  workshops  will  take  place  in  the 
  The 
ambit  of 
Commission  will  monitor  Member  States' 
accompanying  actions 
information 
campaigns) via the Payments Committee and 
through the Eurosystem, in close cooperation 
with  the  ECB.  Technical  issues  will  be 
discussed  with  market  participants  (e.g.  at 
Payment Systems Market Expert Group). The 
take-up  of  new  payment  standards  by  public 
administrations will be measured yearly (and 
such measurement will be rendered public via 
internet). 

activity  of 
credit 
institutions  and  the 
prudential 
supervision  of  credit 
and 
institutions 
firms 
investment 
(the 
'Capital 
requirements 
directive') 
COM(2011)453, 
20.07.2011 

- 

a 
for 
Proposal 
Regulation  of 
the 
European Parliament 
and  of  the  Council 
prudential 
on 
requirements 
for 
credit 
institutions 
and investment firms 
(the 
'Capital 
Requirements 
Regulation') 
COM(2011)452, 
20.07.2011 

- 

and 

Regulation 
260/2012/EU  of  the 
European Parliament 
and  the  Council  of 
2012 
14  March 
establishing 
technical 
business 
for 
requirements 
credit  transfers  and 
direct debits in euros 
and 
amending 
Regulation 
EC/924/2009 
"SEPA 
Regulation") 

(the 
end-date 

Directive 
2009/138/EC  of  the 
European Parliament 
and  of  the  Council 
of  25  November 
2009  on  the  taking-
up and pursuit of the 
of 
business 

The  draft 
'Omnibus  Directive'  (proposal 
COM(2012)  217  final  of  16  May  2012) 
extends  the  deadline  for  transposition  to  30 
June 2013. The Commission is developing an 
IT  tool  to  monitor  the  transposition  of  the 
Solvency  II  Directive  by  Member  States  and 
to  follow-up  its  implementation.  A  seminar 
with  Member  States  and  EIOPA  on  the 

15 

 
 
Transport 

Insurance 
Reinsurance 
(Solvency II) 

and 

transposition  of  the  Solvency  II  Directive  by 
the Member States will be held in the second 
half of 2013. 

Directive 
2008/48/EC  of  the 
European Parliament 
and  of  the  Council 
of  23  April  2008  on 
credit agreements for 
consumers 

Directive 
1999/62/EC  of  the 
European Parliament 
and  of  the  Council 
of  17  June  1999  on 
of 
charging 
the 
heavy 
goods 
vehicles  for  the  use 
certain 
of 
as 
infrastructures 
amended 
by 
Directive 
2006/38/EC  of  17 
May 2006 

Directive 
2004/52/EC  of  the 
European Parliament 
and  of  the  Council 
of  29  April  2004  on 
interoperability 
the 
of  electronic 
road 
toll  systems  in  the 
Community 

First 
package: 

railway 

Directive 
2001/12/EC  of  the 
European Parliament 
and  of  the  Council 
of 26 February 2001 
amending  Council 
Directive 
91/440/EEC  on  the 
development  of  the 
Community's 

The  Commission  has  developed  guidelines 
which  will  enable  Member  States  to  use 
technical  aspects  of  the  Directive  in  a  more 
harmonised  way.  The 
for 
transposition  was  12  May  2010  and  the 
Commission  is  now  undertaking  systematic 
transposition  checks.  An  economic  and  a 
legal  study  is  on-going  to  prepare  the  2013 
implementation report. 

deadline 

The  key  transposition  dates  are  2008  and 
2013. The Commission will intensify bilateral 
meetings  at  an  early  stage  with  Member 
States  which  are  implementing  new  tolling 
arrangements. In 2013, it will also work with 
the  relevant  Committee  to  develop  guidance 
notes  with  a  view  to  promoting  a  more 
uniform implementation. 

The  key  transposition  dates  are  2006  and 
October  2012.  The  Toll  Committee  will 
intensify  its  work.  The  Commission  will 
implement  stricter  monitoring  based  on 
Article 258 TFEU and Article 7h of Directive 
1999/62/EC,  and  will  promote  the  exchange 
of  best  practice  through  expert  groups  and  a 
dedicated website. 

The  Commission  will  hold  ad-hoc  meetings 
with  all  Member  States  to  explain  how  to 
implement the first railway package. 

16 

 
 
railways  

Directive 
2001/13/EC  of  the 
European Parliament 
and  of  the  Council 
of 26 February 2001 
amending  Council 
Directive  95/18/EC 
on  the  licensing  of 
railway undertakings 

Directive 
2001/14/EC  of  the 
European Parliament 
and  of  the  Council 
26 February 2001 on 
the 
of 
allocation 
railway 
infrastructure 
capacity 
the 
levying  of  charges 
for 
of 
railway 
infrastructure 
safety certification 

and 

and 

use 

the 

As  part  of  its  transposition  assistance,  the 
Commission will adopt implementing rules to 
ensure a uniform application of the Directive. 

for 
of 

a 
Proposal 
Directive 
the 
European Parliament 
and  of  the  Council 
establishing  a  single 
railway 
European 
- 
area 
475, 
COM(2010) 
17.9.2010 

(Recast) 

Fourth 
Package: 

Railway 

Legislative  proposal 
revising  Regulation 
881/2004 
establishing 
the 
European  Railway 
and 
Agency 
amending  safety  and 
interoperability 
directives 
type 
and 
authorisation 
railway  undertaking 

After  adoption  of  the  proposals  (scheduled 
before  end  2012),  the  Commission  plans  to 
launch a study to evaluate the effectiveness of 
the  implementation  of  proposed  measures 
(reducing  the  cost  and  the  duration  of  the 
authorisation  process 
rolling  stock, 
facilitating  access  to  the  market  for  new 
railway undertakings). 

for 

In  this  context,  it  will  also  examine  the 
implementation  of  Regulation  1370/2007,  as 
revised.  It  will  conduct  in  particular  an 
analysis  of  the  market  impact  of  the  planned 
new  rule  aiming  at  imposing  competitive 
tendering procedures for the award of railway 

17 

 
 
certification 

the 

Legislative  proposal 
on 
rail  market 
access,  implying  the 
adequate  adaptation 
of 
existing 
acquis on rail market 
access  (1st  railway 
package 
its 
subsequent 
amendments)  

and 

of 

Revision 
the 
Regulation on public 
contracts 
service 
EC 
(Regulation 
1370/2007) 

Directive 
2009/12/EC  of  the 
European Parliament 
and  of  the  Council 
of 11 March 2009 on 
Airport charges  

Commission 
Regulation  (EU)  No 
691/2010  of  29  July 
2010  laying  down  a 
performance  scheme 
for  air  navigation 
services and network 
functions 
and 
amending 
Regulation  (EC)  No 
laying 
2096/2005 
down 
common 
requirements  for  the 
provision 
air 
navigation services 

of 

public  service  contracts.  The  Commission 
will  organise  workshop(s)  to  promote  the 
exchange of best practices. 

The  Commission  will  conduct  conformity 
checks on a case-by-case basis, and report in 
2013  on  the  state  of  play  of  transposition  in 
Member States. 

will 

adopt 

Commission 

The 
a 
Recommendation  on  the  implementation  of 
performance  plans  and  targets  in  June  2012. 
Monitoring, benchmarking and reviewing the 
performance  of  air  navigation  services  and 
network functions will be conducted with the 
assistance  of  the  independent  Performance 
Review Body. 

will 

adopt 

Commission 

The 
a 
Recommendation on monitoring in December 
2012,  giving  guidance  to  Member  States  on 
the  proper 
their  obligation 
implementation  of  performance  plans.  The 
Commission  will  issue  a  report  on  the 
implementation  of  performance  plans  and 
targets in 2013. 

to  monitor 

EU-wide  targets  for  the  second  reference 
period (2015-2019) will be set in 2013. 

As  envisaged  in  the  performance  regulation, 
the  Commission 
a  Comitology 
procedure)  will  amend  the  performance  and 
charging regulations at the beginning of 2013 
to  extend  the  performance  scheme  to  full 

(via 

18 

 
 
gate-to-gate  coverage,  with  target  setting  in 
all  four  key  performance  areas  (capacity, 
cost-efficiency, safety, environment). 

throughout 

The  transposition  date  is  19  May  2012.  The 
Commission  will  intensify  its  cooperation 
with  Member  States 
the 
implementation  process  for 
the  national 
single  window  (to  be  finalized  by  1  June 
2015).  In  particular,  a  Member  States  expert 
group (eMS) provides transposition guidance 
on  implementation  coordination  as  well  as 
systems, 
detailed 
procedures).  The  Group  promotes  best 
practices and presents implementation results. 
The  European  Maritime  Safety  Agency 
provides technical assistance to the Group. 

technical 

issues 

(IT 

Further support to Member States is provided 
through  an  FP7  research  project  (eMar).  The 
results  are  shared  with  the  eMS  group, 
thereby  giving  a  tool  for  Member  States  to 
prepare for implementation. 

Within  the  2012  TEN-T  call,  a  pilot  project 
for  implementing  national  single  windows  is 
planned  for  November  2012.  A  consortium 
consisting of 17 Member States has expressed 
its  interest  in  submitting  a  proposal  for  the 
call. 

European  Coordinators  provide  support  to 
Member  States  for  effective  and 
timely 
implementation  of  Priority  Projects.  The 
TEN-T  Days  annual  conferences  provide  an 
opportunity  to  exchange  good  practice  (next 
conference expected in autumn 2012).  

The TEN-T Committee is set to adopt Annual 
and  Multiannual  Work  Programmes  setting 
financing  priorities.  Calls  for  proposals  will 
be  launched  in  2012  and  2013,  and  a 
launched  for  project 
procedure  will  be 
selection  to  prepare  the  Connecting  Europe 
Facility  after  2013.  In  this  context,  the 
Commission  intends  to  organise  info  day 
sessions  and  will  provide  monitoring  and 
assistance to develop a project pipeline. 

19 

Directive 
2010/65/EU  of  the 
European Parliament 
and  of  the  Council 
of  20  October  2010 
on 
reporting 
formalities  for  ships 
arriving 
in  and/or 
departing  from  ports 
of 
the  Member 
States 

No 
Decision 
661/2010/EU  of  the 
European Parliament 
and  of  the  Council 
of  7  July  2010  on 
Union  guidelines  for 
the  development  of 
trans-European 
the 
network (recast) 

of 

Regulation  (EC)  No 
680/2007 
the 
European Parliament 
and  of  the  Council 
of  20  June  2007 
laying  down  general 
rules for the granting 
of 
Community 
financial  aid  in  the 
field  of  the  trans-
transport 
European 

 
 
and energy networks 

Europe  2020  project 
Bond 
initiative 
which  will  modify 
Regulation  (EC)  No 
680/2007 
(referred 
to above) 

The  TEN-T  Annual  Work  Programme  2012 
will  be  amended  in  the  third  quarter  of  2012 
to  provide  budget  for  the  LGTT  (Loan 
Guarantee Instrument for TEN-T) in order to 
provide  financing  for  the  pilot  phase  of  the 
project bonds. 

Digital 
market 

single 

Directive 
2000/31/EC  of  the 
European Parliament 
and the Council of 8 
June 2000 on certain 
legal 
of 
electronic commerce 

aspects 

The  Commission  will  work  with  EIB  to 
identify and select projects for the pilot phase 
of 
the  project  bonds.  Studies  will  be 
conducted in mid-2013 for the interim report 
of  the  pilot  phase  of  the  project  bonds 
initiative. 

An  in-depth  evaluation  of  the  transposition 
and implementation of the Directive is under 
way (final report August 2012) Based on the 
results of the study the Commission will take 
appropriate  action.  Work  within  the  expert 
group of Member States established under the 
Directive  will  continue  to  help  develop  the 
legal  and  cross-border  supply  of  online 
products and services. 

the  Regulation, 

Upon  adoption  of 
the 
Commission  will  assist  Member  States  to 
ensure 
and 
application on the ground.  

implementation 

proper 

a 

Proposal 
for 
a 
the 
Regulation  of 
European Parliament 
and  of  the  Council 
on  the  protection  of 
with 
individuals 
the 
regard 
processing 
of 
personal data and on 
the  free  movement 
of 
- 
such 
COM(2012)11, 
25.1.2012 

data 

to 

provides 

The  Commission 
enhanced 
transposition  assistance  through  meetings  of 
Member  States  experts  and 
the 
development  of  guidelines  to  help  enforcers 
correctly 
information 
requirements set out in Directive 2011/83/EU 
in the digital area. 

implement 

through 

the 

Directive 
2011/83/EU  of  the 
European Parliament 
and  of  the  Council 
of  25  October  2011 
on  consumer  rights, 
amending  Council 
Directive 93/13/EEC 
and 
Directive 
1999/44/EC  of  the 
European Parliament 
and  of  the  Council 

20 

 
 
Energy 

and 
repealing 
Council  Directive 
85/577/EEC 
and 
Directive 97/7/EC of 
the 
European 
Parliament  and  of 
the Council 

a 
for 
Proposal 
Regulation  of 
the 
European Parliament 
and  of  the  Council 
Common 
on 
European Sales law -  
COM(2011) 
635, 
11.10.2011 

a 

Directive 
2009/72/EC  of  the 
European Parliament 
and  of  the  Council 
of  13  July  2009 
concerning  common 
rules  for  the  internal 
market  in  electricity 
and 
repealing 
Directive 
2003/54/EC 
(Electricity 
Directive) 

Directive 
2009/73/EC  of  the 
European Parliament 
and  of  the  Council 
of  13  July  2009 
concerning  common 
rules  for  the  internal 
market in natural gas 
and 
repealing 
Directive 
2003/55/EC 
Directive) 

(Gas 

the 

the 
Upon  adoption  of 
Commission will provide assistance to secure 
a  proper  implementation  and  application  on 
the ground.  

regulation, 

The transposition date was 3 March 2011. An 
in-depth analysis of already notified measures 
is  being  carried  out.  13  Member  States  have 
not  fully  transposed  the  Directive  however 
and  the  Commission  is  taking  appropriate 
action. The Commission will also continue to 
implementation  and 
discuss 
practical functioning of the Directive with the 
national  authorities, 
the 
national regulatory authorities for energy.  

including  with 

the  proper 

The transposition date was 3 March 2011. An 
in-depth  analysis  of  notified  measures  is 
being carried out. 12 Member States have not 
fully  transposed  the  Directive  however  and 
the  Commission  is  taking  appropriate  action. 
The Commission will also continue to discuss 
the  proper 
implementation  and  practical 
functioning of the Directive with the national 
authorities, 
the  national 
including  with 
regulatory authorities for energy.  

Directive 
2006/32/EC  of  the 
European Parliament 
and  of  the  Council 
of  5  April  2006  on 
end-use 
energy 
efficiency 
and 
energy  services  and 

possible 

The  Directive  has  been  transposed  in  all 
Member States; however a significant number 
of  complaints  are  being  examined  and  point 
to 
issues.  The 
compliance 
implementation  of  the  Directive  is  regularly 
both 
discussed  with  Member  States, 
bilaterally and in the framework of Concerted 
Action. The Commission is preparing a report 

21 

 
 
repealing 
Council 
Directive 93/76/EEC 

targets; 

however 

focussing  on 
the  progress  achieved  by 
Member States in implementing their national 
indicative 
broader 
implementation  issues  will  also  be  tackled. 
The  proposed  Energy  Efficiency  Directive 
aims  to  further  specify  certain  provisions  of 
Directive  2006/32/EC  so  as  to  facilitate  its 
implementation. 

Directive 
2010/31/EU  of  the 
European Parliament 
and  of  the  Council 
of  19  May  2010  on 
energy 
the 
performance 
of 
buildings (recast) 

conduct 

Transposition  dates:  9  July  2012  and  9 
January 2013 (depending on provisions). The 
Commission  will 
systematic 
transposition  checks  once  deadlines  have 
lapsed.  Implementation  assistance  will  be 
provided 
through  guidance  documents, 
regular  bilateral  meetings  with  Member 
States, and meetings of expert groups. 

22 

 
 
Measures  proposed  by  the  European  Commission  under  the  Single  Market  Act  I 
which  Parliament  and  Council  committed  to  treat  as  priority,  and  for  which  the 
Commission will provide enhanced transposition and/or implementation assistance: 

1.  Proposal for a Regulation of the European Parliament and of the Council on 

European Venture Capital Funds, 7.12.2011 COM(2011) 860 final 2011/0417 (COD) 

2.  Proposal for a Directive of the European Parliament and of the Council amending 

Directive 2005/36/EC on the recognition of professional qualifications and 
Regulation on administrative cooperation through the Internal Market Information 
System,  19.12.2011 COM(2011) 883 final 2011/0435 (COD) 

3.  Proposal for a Regulation of the European Parliament and of the Council 

implementing enhanced cooperation in the area of the creation of unitary patent 
protection, 13.4.2011 COM(2011) 215 final 2011/0093 (COD) 

4.  Proposal for a Directive of the European Parliament and of the Council on alternative 

dispute resolution for consumer disputes and amending Regulation (EC) No 
2006/2004 and Directive 2009/22/EC (Directive on consumer ADR), 29.11.2011 
COM(2011) 793 final 2011/0373 (COD)  

Proposal for  a  Regulation of the  European Parliament and of the Council on online 
dispute resolution for consumer disputes (Regulation on consumer ODR), 29.11.2011 
COM(2011) 794 final 2011/0374 (COD) 

5.  Proposal for a Regulation of the European Parliament and of the Council on 
European Standardisation and amending Council Directives 89/686/EEC and 
93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 
2004/22/EC, 2007/23/EC, 2009/105/EC and 2009/23/EC of the European Parliament 
and of the Council, 1.6.2011 COM(2011) 315 final 2011/0150 (COD) 

6.  Proposal for a Regulation of the European Parliament and of the Council establishing 
the Connecting Europe Facility, 19.10.2011 COM(2011) 665 final 2011/0302 (COD) 

Proposal  for  a  Regulation  of  the  European  Parliament  and  of  the  Council  on 
guidelines  for  trans-European  energy  infrastructure  and  repealing  Decision  No 
1364/2006/EC,  19.10.2011 COM/2011/0658 final - 2011/0300 (COD) 

Proposal for  a Regulation of the European Parliament and of the  Council on  Union 
guidelines for the development of the trans-European transport network, 19.10.2011 
COM/2011/0650 final - 2011/0294 (COD) 

Proposal  for  a  Regulation  of  the  European  Parliament  and  of  the  Council  on 
guidelines  for  trans-European  telecommunications  networks  and  repealing  Decision 
No 1336/97/EC, 19.10.2011  COM/2011/0657 final - 2011/0299 (COD) 

7.  Proposal for a Regulation of the European Parliament and of the Council on 

electronic identification and trust services for electronic transactions in the internal 
market, 4.6.2012  COM/2012/238 

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8.  Proposal for a Regulation of the European Parliament and of the Council on 
European Social Entrepreneurship Funds, 7.12.2011 COM(2011) 862 final 
2011/0418 (COD) 

9.  Proposal for a Council Directive amending Directive 2003/96/EC restructuring the 

Community framework for the taxation of energy products and electricity, 13.4.2011 
COM(2011) 169 final 2011/0092 (CNS) 

10. Proposal for a Directive of the European Parliament and of the Council on the 
enforcement of Directive 96/71/EC concerning the posting of workers in the 
framework of the provision of services, Brussels, 21.3.2012 COM(2012) 131 final 
2012/0061 (COD) 

Proposal for a Council Regulation on the exercise of the right to take collective action 
within  the  context  of  the  freedom  of  establishment  and  the  freedom  to  provide 
services,  21.3.2012 COM(2012) 130 final 2012/0064 (APP) 

11. Proposal for a Directive of the European Parliament and of the Council on the annual 
financial statements, consolidated financial statements and related reports of certain 
types of undertakings, 25.10.2011 COM(2011) 684 final 2011/0308 (COD) 

12. Proposal for a Directive of the European Parliament and of the Council on public 

procurement, 20.12.2011 COM(2011) 896 final 2011/0438 (COD) 

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