COMMISSION STAFF WORKING DOCUMENT Regulatory Fitness and Performance Programme (REFIT): State of Play and Outlook Accompanying the document Better Regulation for Better Results – An EU Agenda
Date: 2015-05-19
Institutions: European Commission, Secretariat-General
Subjects: EU initiative, EU institution, EU law, EU programme, European Union, administrative transparency, fund (EU), operation of the Institutions

EN 

   EN 

   EUROPEAN COMMISSION  Strasbourg, 19.5.2015  SWD(2015) 110 final   COMMISSION STAFF WORKING DOCUMENT Regulatory Fitness and Performance Programme (REFIT): State of Play and Outlook Accompanying the document Better Regulation for Better Results – An EU Agenda {COM(2015) 215 final} {SWD(2015) 111 final}  
 
 
Contents 

1. 

Introduction ..................................................................................................................................... 3 

2. 

Internal Market, Industry, Entrepreneurship and SMEs ................................................................. 5 

3. 

Financial Stability, Financial Services and Capital Market Union .................................................. 19 

4. 

Taxation and Customs Union ........................................................................................................ 27 

5. 

Statistics ........................................................................................................................................ 35 

6.  Mobility and Transport .................................................................................................................. 43 

7.  Communications Networks, Content and Technology .................................................................. 52 

8. 

Energy ............................................................................................................................................ 57 

9. 

Employment and Social Affairs ...................................................................................................... 62 

10.  Environment .................................................................................................................................. 68 

11.  Climate Action ............................................................................................................................... 79 

12.  Health and Food Safety ................................................................................................................. 85 

13.  Justice and Consumer Policy ......................................................................................................... 96 

14.  Migration and Home Affairs ........................................................................................................ 106 

15.  Agriculture and Rural Development ............................................................................................ 113 

16.  Maritime Affairs and Fisheries .................................................................................................... 120 

17.  Trade ............................................................................................................................................ 125 

18.  Budget ......................................................................................................................................... 132 

19.  Competition ................................................................................................................................. 134 

20.  Overview of Implementation of REFIT Actions ........................................................................... 136 

21.  REFIT candidates for repeal ......................................................................................................... 149 

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1. 

INTRODUCTION 

This  second  edition  of  the  REFIT  scoreboard  shows  the  state  of  play  in  implementing  164 
initiatives for simplification and regulatory burden reduction identified by the Commission.1 
The purpose of the Scoreboard is to track progress in the implementation of REFIT, providing 
information on the results and impact on-the-ground, allowing results to be measured against 
initial  objectives  and  expectations,    as  well  as  contributing  to  transparency  on  the  whole 
regulatory cycle.  

In  each  policy  area,  the  scoreboard  also  includes  an  overview  of  smart  regulation  activities 
and simplification efforts in 2014-2015. 

Since end 2012, REFIT has achieved the following results: 

  58  legislative  initiatives  have  been  proposed  by  the  Commission  under  REFIT;  of 
those  25  have  been  adopted  by  the  legislator  and  22  have  been  implemented  on  the 
ground  in  Member  States.  These  58  legislative  initiatives  contain  17exemptions  or 
lighter regimes for SMEs. 

  2  measures  have  been  repealed,  while  4  measures  are  still  pending  repeal  with  the 
legislator, 10 proposals have been withdrawn, 11 evaluations and Fitness Checks have 
already  delivered  results  and  31  evaluations  and  Fitness  Checks  are  planned  to  be 
concluded in 2015. 

In addition, since end 2012, the Commission withdrew 141 proposals which were pending in 
legislative procedure. Within its Work Programme for 2015 alone, the Commisison withdrew 
73  pending  proposals  on  25  February  2015.  Six  of  those  withdrawals  had  been  identified 
through  the  REFIT  programme2  further  proposals  may  be  withdrawn  in  June  2015  if  no 
agreement in legislative procedure can be reached. 

Considerable savings  to business could  be asessed in  11 areas  where initiatives taken under 
the Administrative Burden Reduction (ABR) Programme   have already beenimplemented in 
Member States. These assessments were provided at a general level of estimation and do not 

1 This includes initiatives launched in response to the 'Top10' Consultation of most burdensome EU legislative 
acts  for  SMEs  and  the  initiatives  covered  by  the  Administrative  Burden  Reduction  Plus  Programme. 
('ABRPlus').  See  the  Commission's  Communications  on:  'Smart  Regulation  –  Responding  to  the  needs  of 
small and medium-sized enterprises' (COM(2013)122; 'Commission follow-up to the TOP TEN consultation 
of  SMEs on  EU regulation'  (COM(2013)446); and  'Regulatory Fitness  and  Performance  (REFIT):  Results 
and next steps' (COM(2013)685. 

2 This concerns pending proposals in the areas of hygiene of foodstuffs, plant reproductive material, registration 
of carriers of radioactive material, aviation security and establishment of a fund for the compensation of oil 
pollution damage. The items in question have consequently been withdrawn from the scoreboard.  

3 

 
                                                            
allow for an overall estimate of the burden reduction achieved across all Member States or for 
a quantification of savings in absolute numbers.3 

Simplification and burden reduction benefits proposed  by the Commission  in  the context  of 
REFIT have in several cases been subject to amendments in the legislative process.   

Out of 25 initiatives adopted by the legislator, simplification and burden reduction benefits to 
business  were  maintained  in  the  legislative  process  in  10  cases  (42%), decreased  in  9  cases 
(37%) and increased in 4 cases (16%). 

Out of 25 legislative initiatives pending in the legislative process, the prospect of maintaining 
the simplification and burden reduction benefits proposed by the Commission is positive in 3 
cases  (12%),  in  9  cases  (36%)  these  benefits  are  threatened  and  in  4  cases  (16%)  they  are 
likely to increase. 

The  Commission  will  continue  to  work  with  the  Member  States  extending  and  refining  the 
assessment of savings to every initiative where implementation is sufficiently advanced. 

The  Commission  invites  comments  and  suggestions  to  its  REFIT  Programme.  They  can  be 
posted at: http://ec.europa.eu/smart-regulation/refit/index_en.htm  

3  This  assessment  was  made  under  the  'ABRPlus'  programme  by  which  the  Commission  and  Member  States 
followed-up  on  the  implementation  in  Member  States  of  the  EU  measures  already  adopted.  The  savings 
identified are summarized in the beginning of each relevant chapter of the scoreboard. 

4 

 
 
                                                            
2. 

INTERNAL MARKET, INDUSTRY, ENTREPRENEURSHIP AND SMES 

1.  Smart regulation activity and simplification efforts 

Under  its  ABR-Plus  Programme,  the  Commission  and  Member  States  worked  together  to 
assess savings to business of measures that had already reached implementation stage. In this 
context,  the  implementaton  by  Member  States  of  the  new  Public  Procurement  framework 
which  includes  lighter  regimes  for  small  companies  led  to  cost  reductions  to  business  in  a 
range between 29% and 58% according to assessments made by Member States. 

Concerning the initiatives that the Commission committed to undertake under REFIT, several 
new evaluations, Fitness Checks and Cumulative Cost Assessments were identified in the area 
of  the  internal  market  for  goods  and  services.  These  cover  the  legal  frameworks  for  pre-
packaging, 
for  goods,  designs, 
standardisation,  the  construction  sector  and  the  glass/ceramics  sector.  These  evaluations  are 
mostly ongoing and the majority of them will deliver results in the course of 2015.  

recognition  principle 

late-payments, 

the  mutual 

The  evaluation  of  the  firearms  Directive  concluded  in  December  2014  assessed  the 
implementation  of  the  Directive  in  Member  States.  While  fostering  the  harmonisation  of 
legislation  and  procedures  concerning  firearms,  the  implementation  of  a  Directive  left  a 
number  of  significant  differences  resulting  both  from  national  choices  about  how  to 
implement  the  various  provisions  and  from  pre-existing  national  approaches.  These 
differences could be a source of security or market concerns. The Commission will report on 
the follow-up to this evaluation in a report to Parliament and Council in July 2015. 

In  addition  to  the  REFIT  programme,  the  Commission  has  been  undertaking  a  number  of 
legislative simplification actions in the area of internal market for goods and services.4  

2.  Facilitating  the  implementation  of  the  Regulation  on  Registration,  Evaluation, 

Authorization and Restriction of Chemicals (REACH)5 

On the basis of the results of the comprehensive review of REACH in 20136,  the Commission 
is  implementing  a  number  of  actions  to  facilitate  the  implementation  of  this  Regulation  in 

4 Initiatives with simplification aspects recently adopted include i.e. the review of Directive 1999/5/EC on radio 
equipment  and  telecommunications  terminal  equipment  replaced  by  a  Directive  on  radio  equipment 
(awaiting publication in the Official Journal), the Commission Delegated Regulation (EU) No 157/2014 of 
30  October  2013  on  the  conditions  for  making  a  declaration  of  performance  on  construction  products 
available on  a website which  allows for  a simplified  procedure online  and  the  Commission Implementing 
Regulation (EU) No 254/2013 of 20 March 2013 amending Regulation (EC) No 340/2008 on the fees and 
charges payable to the European Chemicals Agency pursuant to Regulation (EC) No 1907/2006 (REACH) 
which  reduced  fees  for  SMEs.  Other  initiatives  aiming  at  simplifying  and  improving  the  legislative 
frameworks  are  pending  in  the  legislative  process  such  as  e.g.  the  proposal  for  a  Regulation  on  Personal 
Protective  Equipment  replacing  Directive  89/686/EEC,  the  proposal  for  a  Regulation  on  Cableway 
Installations replacing Directive 2000/9/EC or the proposal for a regulation on Market Surveillance merging 
several  Regulations  into one single  legal  instrument.  Further  initiatives  are  in  preparation  such  as  e.g.  the 
directive 2007/46/EC on the type-approval of motor vehicles and their trailers or the Directive 97/68/EC on 
emissions from engines in non-road mobile machinery. 

5 REACH falls under joint responsibility of the policy areas of internal market, industry, entrepreneurship and 

SMEs and of environment. 

6 COM(2013)49 accompanied by SWD(2013)25. 

5 

 
                                                            
areas  where  business  has  concerns  and  make  it  easier,  simpler  and  less  costly.  The 
Commission regularly reports progress on the delivery of these actions in collaboration with 
Member States and stakeholders.  

These actions include : 

  Registration:  Enhanced  support  to  SMEs  to  make  it  easier  and  simpler  for  them  to 
meet the 2018 registration deadline for substances placed on the market in quantities 
of up to 100 tons/year: 

o  An  implementing  act  clarifying  the  operation  of  Substance  Information 
Exchange  Forums  (SIEF)  with  rules  on  transparency,  fairness  and  non-
discrimination of cost-sharing will be adopted in the course of 2015;  

o  Guidance on the application of EU competition rules within the SIEFs is being 

developed for more clarity and improved good practices;  

o  ECHA has published a roadmap for the registration deadline of 2018 for small 
quantities7  which  list  actions  for  ECHA,  Commission  and  Member  States  in 
order to support more effectively companies with their obligations; 

o  The Directors Contact Group (informal exchange group composed of ECHA,  
the  Commission  and  industry  representatives)  takes  an  increased  focus  on 
SMEs to solve priority issues related to registration; 

o  The Commission is considering further measures to reduce costs related to the 
compilation, communication and use of extended Safety Data Sheets (eSDS). 

o  Guidance  has  been  developed  by  ECHA  on  REACH  and  other  chemicals 
legislation for Enterprise Europe Network advisers, with the view to improve 
communication with SME stakeholders, . 

  Actions  to  improve the authorisation process under REACH to  make  it  simpler,  less 

costly and more predictable: 

o  The  Commission  and  ECHA  are  implementing8  the  roadmap  for  the 
identification  of  Substances  of  Very  High  Concern  (SVHC)  and  of  REACH 
management  measures9.  ECHA  has  improved  its  communication  with 
stakeholders and the general public in this area via a dedicated web-portal on 

7 http://echa.europa.eu/documents/10162/13552/reach_roadmap_2018_web_final_en.pdf  

8 http://echa.europa.eu/documents/10162/19126370/svhc_roadmap_2015_en.pdf  

9 http://register.consilium.europa.eu/doc/srv?l=EN&f=ST%205867%202013%20INIT  

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substances  of  potential  concern10  providing 
regulatory actions on substances early in the process. 

information  on  potential 

o  The  Commission 

is  working  on  proposing  simplified  procedures  for  
substances  subject  to  authorisation  that  are  used  in  low  volumes  or  for  the 
production of legacy spare parts to decrease costs related to the application for 
authorisation  in  those  cases.  Further  streamlining  of  the  process  for  all 
applications  for  authorisation  is  also  under  consideration.  Possibilities  for 
simplifying  the  authorisation  regime  for  substances  contained  in  recycled 
materials will be looked at via the circular economy package.  

o  The Commission is exploring whether and how some socio-economic elements 
could be taken into account before adding substances to the Authorisation list 
(Annex  XIV11).  The  Commission  will  analyse  such  information  before 
presenting a proposal for amending Annex XIV to the REACH Committee and 
will adapt the frequency of amendments to this Annex. 

o  The  Risk  Management  Expert  Meetings  (RIME)  organized  jointly  by  ECHA 
and  Member  States,  with  Commission  participation,  allows  for  technical  and 
scientific discussions in order to choose the most appropriate measure among 
the  several  EU  legislative  options  related  to  the  management  of  risk  arising 
from hazardous chemicals. 

o  To  increase  synergies  between  REACH  and  other  legislation  related  to 
chemicals,  the  Commission  works  on  clarifying  the  relationship  between 
REACH and legislation on Occupational Safety and Health. The interface with 
the  waste  legislation  will  be  clarified  in  the  framework  of  the  upcoming 
proposal on the circular economy. The interface between REACH and the POP 
(Persistent  Organic  Pollutants)  Regulation  and  the  RoHS  (Restriction  of 
Hazardous Substances) Directive have been clarified via the publication of two 
‘common understanding papers’12. 

  Better consideration of SME needs and input in the REACH restriction process:  

o  Tools  for  Member  States  to  better  evaluate  the  potential  impacts  of  their 
restriction  proposals  on SMEs are being prepared and should be available by 
Q2 2015, to improve the quality of their proposal; 

10 http://echa.europa.eu/addressing-chemicals-of-concern/substances-of-potential-concern  

11http://echa.europa.eu/addressing-chemicals-of-concern/authorisation/recommendation-for-inclusion-in-the-

authorisation-list 

12 http://ec.europa.eu/growth/sectors/chemicals/reach/special-cases/index_en.htm  

7 

 
                                                            
o  Public  consultations  launched  by  ECHA  include  summary  cover  sheets  with 
key information about the restriction proposal and questions are better targeted 
in order to increase the participation of SMEs and to facilitate their input; 

o  The Commission closely monitors the implementation of all recommendations 
made to improve  the overall efficiency of the REACH restriction procedure 

The  impacts  of  these  measures  taken  to  facilitate  the  implementation  of  REACH  will  be 
evaluated in the framework of the upcoming report on the performance of REACH foreseen 
for 2017, with the view to assess whether they are effective in alleviating business concerns 
and whether additional adjusments are needed. 

3.  Scoreboard 

Legislative Actions 

Late payments 

Proposed legislation 

Status 

Main objectives 

Proposal  for  recast  of  Directive  2000/35/EC  on  combating  late 
payment in commercial transactions (Adopted by the Commission on 8 
April 2009 - COM(2009)126) 

Adopted  in  legislative  procedure  on  16  February  2011  -  Directive 
2011/7/EU  

Improving  the  effectiveness  and  the  efficiency  of  remedies  for  late 
payment through the introduction of an entitlement to the recovery of 
administrative  costs  and  compensation  for  internal  costs  incurred  due 
to  late  payment.  Accordingly,  this  proposal  aims  at  improving  the 
cash-flow of European businesses, especially SMEs. 

Main REFIT objectives  The Directive brings the following specific simplification benefits: 

 

statutory  interest  may  be  charged  when  payment  is  not  made 
within the contractual or legal deadline; 

  maximum payment periods for payments by public authorities 
to  businesses  of  30  days  are  imposed  and  a  flat  rate 
compensation  (5%)  from  the  first  day  of  delay  amounting  in 
addition to the interest for late payment and the compensation 
for recovery costs is introduced;  

 

the possibility to exclude claims for interest of less than €5 is 
abolished. 

Amendments to REFIT objectives by co-legislator 

EP Position 

Parliament  introduced  a  possibility  for  Member  States  to  extend  the 
time  limit  of  payments  by  public  authorities  to  businesses  up  to  a 
maximum  of  60  calendar  days  for  any  public  authority  which  carries 
out economic activities of an industrial or commercial nature or public 
entities providing healthcare  

8 

 
Council Position 

Council supported the amendments by Parliament. 

Assessment of  
outcome of legislative 
procedure 

The discretion given to Member States to extend the time limit for 
payments by public authorities to businesses from 30 days up to a 
maximum of 60 calendar days is likely substantially to reduce the 
benefits  of  the  proposal  for  businesses  and  to  affect  smaller 
businesses  particularly  hard.  However,  the  introduction  of  the  60 
day maximum is an improvement on the previous position. 

Member State Implementation 

Date of application 

16 March 2016 

Implementation 
reported by Member 
States 

In  order  to  gather  some  first  results,  the  Commission  has  launched  a 
study  to  assess  the  state  of  play  on  the  implementation  of  the  Late 
Payments  Directive.  The  results  of  this  study  will  be  compiled  along 
with other findings in a report which will be submitted to the European 
Parliament by 16 March 2016. 

Construction Products Regulation* 

Proposed legislation 

Proposal  for  a  Regulation  of  the  European  Parliament  and  of  the 
Council  laying  down  harmonised  conditions  for  the  marketing  of  
construction  products  amending  Council  Directive  89/106/EEC  of  21 
December  1988  (adopted  by  the  Commission  on  23  May  2008  – 
COM(2008)311) 

Status 

It applies with effect from 1 July 2013 – Regulation (EU) 305/2011 

Main objectives 

Facilitate the circulation and use of construction products on the Single 
market with an appropriate level of safety. 

REFIT objectives 

The  Regulation  simplifies  and  clarifies  the  existing  legal  framework 
for the marketing of construction products.  

Building  on  the  experience  gained  through  the  application  of  the 
Construction Products Directive, the Regulation includes a number of 
the 
measures  aimed  at  clarifying 
procedures  for  assessment  and  verification  of  the  performance  of 
products.  

the  system  and  simplifying 

For  example,  micro-enterprises  can  choose  simpler  ways  of  showing 
that  any  one-off  construction  product  put  on  the  market  meets 
applicable product performance requirements. 

Amendments to REFIT objectives by co-legislator 

EP Position 

Approved by the European Parliament without material change. 

* All marked measures have been taken in connection with SME concerns identified in the context of the Top10 

Consultation (See: SWD(2013)60 and COM(2013)446 final). 

9 

 
 
                                                            
Council Position 

Approved,  but  with  additional  conditions.  Firms  applying  these 
simplified  procedures  should  demonstrate  that  their  procedures  are 
equivalent  to  those  used  in  harmonised  standards  and  that  their 
products meet applicable requirements. 

Assessment of  
outcome of legislative 
procedure 

The simplification objective intended by the proposal was realized 
in  the  adopted  act.  A  simplified  regime  for  micro-enterprises 
through  the  use  of  simplified  assessment  methods  has  been 
established,  albeit  with  additional  administrative  requirements 
which may reduce the value for micro-enterprises. 

Member State Implementation 

Date of application 

1 July 2013 

Implementation 
reported by Member 
States 

No data available yet.  

Recognition of professional qualifications* 

Proposed legislation 

Status 

Main objectives 

Proposal  for  a  Directive  of  the  EP  and  of  the  Council  amending 
Directive 2005/36/EC on the recognition of professional qualifications 
and  Regulation  (EU)  No  1024/2012  on  administrative  cooperation 
through the Internal Market Information System (Commission proposal 
COM(2011)883 from 19 December 2011) 

Adopted  in  legislative  procedure  on  20  November  2013  -  Directive 
2013/55/EU  

Simplification  of  the  rules  organising  the  recognition  of  professional 
qualifications, 
of 
patients/consumers  and  introducing  a  mutual  evaluation  exercise  of 
regulated professions. 

reinforcing 

protection 

safety 

and 

the 

10 

 
 
Main REFIT objectives  

  Lighter 

for 

requirements 

recognition  of  professional 
experience:  clarification  and  simplification  of  the  conditions 
for temporary provision of services and mutual recognition of 
qualifications,  extending  the  scope  of  automatic  recognition 
and  introduction  of  the  partial  access  concept  as  well  as  of 
recognition  of  professional  traineeships.  Easier  information-
sharing  among  Member  States  through  IMI  (Internal  Market 
Information  system):  a  European  Professional  Card  (EPC) 
recognition  procedure  is  introduced  in  order  to  facilitate 
recognition  of  qualifications;  this  is  an  electronic  procedure 
based  on  IMI.  The  use  of  IMI  becomes  compulsory  for 
administrative cooperation in this field.  

  Access to information and electronic procedures: the scope of 
the  PSCs  is  extended  and  all  recognition  procedures  can  be 
accomplished on line. 

  Transparency  and  mutual  evaluation  of  regulated  professions 
aiming at increasing mobility and modernising regulation. 

Amendments to REFIT objectives by co-legislator 

EP Position 

Supportive.  

Council Position 

Supportive.  

Assessment of 
outcome of legislative 
procedure 

The  adopted  Directive  includes  all  of  the  main  REFIT  objectives 
proposed by the Commission.  

Member State Implementation 

Date of application 

18 January 2016 

Implementation 
reported by Member 
States 

No data available yet.  

Public Procurement* 

Existing/Proposed 
legislation 

Commission proposals: 

  Proposal COM/2011/0896 final from 20 December 2011 for a 
Directive  of  the  European  Parliament  and  of  the  Council  on 
public procurement 

  Proposal COM/2011/0895 final from 20 December 2011 for a 
Directive  of  the  European  Parliament  and  of  the  Council  on 
procurement  by  entities  operating  in  the  water,  energy, 
transport and postal services sectors 

  Proposal COM/2011/0897 final from 20 December 2011 for a 
Directive of the European Parliament and of the Council on the 
award of concession contracts 

11 

 
 
amending the following Directives on Public Procurement: 

  Directive  2004/17/EC  of  the  European  Parliament  and  of  the 
Council  of  31  March  2004  coordinating  the  procurement 
procedures of entities operating in the water, energy, transport 
and postal services sectors 

  Directive  2004/18/EC  of  the  European  Parliament  and  of  the 
Council  of  31  March  2004  on  the  coordination  of  procedures 
for  the  award  of  public  works  contracts,  public  supply 
contracts and public service contracts 

Status 

The following apply with effect from 17 April 2014:  

  Directive  2014/24/EC  of  the  European  Parliament  and  of  the 

Council of 26 February 2014 on public procurement 

  Directive  2014/25/EC  of  the  European  Parliament  and  of  the 
Council  of  26  February  2014  on  procurement  by  entities 
operating  in  the  water,  energy,  transport  and  postal  services 
sectors 

  Directive  2014/23/EC  of  the  European  Parliament  and  of  the 
Council  of  26  February  2014  on  the  award  of  concession 
contracts 

Simplification  of  procedures  and  greater  flexibility  to  make  public 
procurement  more  efficient  and  more  strategic,  respecting 
the 
principles of transparency and competition to the benefit of both public 
purchasers  and  economic  operators.  Introduction  of  a  stable  legal 
framework  for  concessions,  offering  legal  security  for  economic 
operators and contracting authorities. Creation of a level playing field 
for concessions across Europe. Introduction of transparency and equal 
treatment of economic operators bidding for concessions. 

Main objectives of the 
initiative 

Main REFIT objectives  Simplification of procedures, reduction of administrative burden via: 

  Specific  measures  for  SMEs:  Bidders  for  public  tenders  can 
provide  self-declarations,  rather  than  original  documents  or 
certificates, showing that they meet eligibility criteria. Only the 
winning  bidder  would  be  asked  to  provide  the  original 
documents.  

  Breaking tenders down into smaller lots is encouraged. 

  Reduction of the limitation of maximum turnover requirements 

to a maximum twice the contract value.   

  Greater use of e-procurement is encouraged. 

Amendments to REFIT objectives by co-legislator 

EP Position 

REFIT  objectives  were  strongly  supported  by  EP,  in  particular  with 
regard  to  SME-related  measures  and  the  generalised  use  of  e-
procurement.  The  EP 
reduction  of 
documentation requirements. 

insisted  on  an  effective 

Council Position 

The Council expressed broad support for the REFIT objectives. There 
was, however, no uptake for the European Procurement Passport which 

12 

 
had  been  proposed  by  the  Commission  as  an  instrument  for  the 
simplification  of  documentation  requirements.  Member  States  found 
that  such  an  additional  document  would  create  new  administrative 
burdens  and  was  at  odds  with  new  technical  developments  towards 
online  databases  making  documents  directly  available  to  contracting 
authorities. 

Assessment of 
outcome of legislative 
procedure 

The  adopted  measure  involves  the  creation  of  a  European  Single 
Procurement  Document  which  is  a  standardised  self-declaration 
that greatly facilitates participation in procurement procedures. 

The  final  outcome  delivers  a  modern  and  effective  set  of 
procurement  rules  that  achieves  and  even  surpasses  the  REFIT 
objectives set for the Commission initiative.  

Member State Implementation 

Date of  application 

17 April 2014 

Transposition deadline 
for Member States 

18 April 2016 

Implementation 
reported by Member 
States 

No data yet available. 

ABRPlus follow up 

Public Procurement* 

Existing/Proposed 
legislation 

Commission proposals: 

  Proposal COM/2011/0896 final from 20 December 2011 for 
a Directive of the European Parliament and of the Council 
on public procurement 

  Proposal COM/2011/0895 final from 20 December 2011 for a 
Directive  of  the  European  Parliament  and  of  the  Council  on 
procurement  by  entities  operating  in  the  water,  energy, 
transport and postal services sectors 

  Proposal COM/2011/0897 final from 20 December 2011 for a 
Directive of the European Parliament and of the Council on the 
award of concession contracts 

Directive  2004/17/EC  of  the  European  Parliament  and  of  the  Council 
of 31 March 2004 coordinating the procurement procedures of entities 
operating in the water, energy, transport and postal services sectors 

Directive  2004/18/EC  of  the  European  Parliament  and  of  the  Council 
of 31 March 2004 on the coordination of procedures for the award of 
public  works  contracts,  public  supply  contracts  and  public  service 
contracts 

13 

 
 
 
Status 

It applies with effect from 17 April 2014:  

Main objectives of the 
initiative 

  Directive  2014/24/EC  of  the  European  Parliament  and  of  the 

Council of 26 February 2014 on public procurement 

  Directive  2014/25/EC  of  the  European  Parliament  and  of  the 
Council  of  26  February  2014  on  procurement  by  entities 
operating  in  the  water,  energy,  transport  and  postal  services 
sectors 

  Directive  2014/23/EC  of  the  European  Parliament  and  of  the 
Council  of  26  February  2014  on  the  award  of  concession 
contracts 

Simplification  of  procedures  and  greater  flexibility  to  make  public 
procurement  more  efficient  and  more  strategic,  respecting 
the 
principles of transparency and competition to the benefit of both public 
purchasers  and  economic  operators.  Introduction  of  a  stable  legal 
framework  for  concessions,  offering  legal  security  for  economic 
operators and contracting authorities. Creation of a level playing field 
for concessions across Europe. Introduction of transparency and equal 
treatment of economic operators bidding for concessions. 

Member State Implementation 

Date of  application 

17 April 2014 

Transposition deadline 
for Member States 

18 April 2016 

Implementation 
reported by Member 
States 

The  follow-up  in  the  ABRplus  exercise  covered  the  provisions 
described in COM(2011)896 of the requirement that only the winning 
bidder needs to provide the original documents of eligibility. 

  12 Member States already implemented the relevant provisions 
between  2007  and  2014  even  though  MS  only  need  to 
transpose  the  directive  by  April  2016  (DE,  IE,  ES,  CY,  LV, 
LT, MT, NL, AT, PT, RO, SK).  

  For 2 Member States the degree of implementation  is unclear 
while  10  Member  States  have  not  yet  implemented  the 
provision (EL,SE). 

  1  Member  States  indicated  that  they  include  additional 
requirements when implementing the provision that can lead to 
an increase in administrative burden (CZ). 

In  5  Member  States  cost  reductions  were  estimated  to  range  between 
29% and 58% (CY,  DE,  PT, SK,  NL),  while the initial  estimation  by 
the Commision predicted savings of administrative burden of 50%. 

Repeals 

Classification, labelling and packaging of dangerous preparations 

14 

 
 
Existing/Proposed 
legislation 

Status 

Repeal of Directive 1999/45/EC on dangerous preparations 

The Directive will be automatically repealed in accordance with article 
60 of the CLP Regulation (EC) No 1272/2008 on 1 June 2015. 

Main objectives 

Repeal 

Evaluations / Fitness Checks: 

Machinery* 

Scope 

Status 

Evaluation of Directive 2006/42/EC of the European Parliament and of 
the Council of 17 May 2006 on machinery. 

Evaluation planned to start in 2015 and planned to be finalised in 2016. 

Oil refining industry* 

Scope 

Fitness  check  of  EU  legislation  relevant  for  the  petroleum  refining 
industry  such  as  the  Renewables  Energy  Directive,  the  Energy 
Taxation  Directive,  the  EU  Emissions  Trading  System,  the  Fuels 
Quality  Directive,  the  Directive  on  Clean  and  Energy  Efficient 
Vehicles,  the  Industrial  Emissions  Directive,  the  Strategic  Oil  Stocks 
Directive, the Marine Fuels Directive, the Energy Efficiency Directive 
and the Air Quality Directive.  

The legislation will be assessed against the criteria of effectiveness, 
efficiency, coherence and relevance paying special attention to the 
competitiveness dimension. 

Status 

Ongoing and planned to be finalised by June 2015. 

Forest-based industries 

Scope 

Cumulative  cost  assessment  of  the  cost  impacts  of  the  most  relevant 
EU  legislation  and  policies  for  the  EU  forest-based  industries 
(woodworking,  furniture,  pulp  and  paper  and  printing)  in  relation  to 
international competitors  

Status 

Ongoing and planned to be finalised in Q1 2016 

Chemical industry* 

15 

 
 
 
 
 
Scope 

Status 

Cumulative  cost  assessment  of  the  most  relevant  EU  legislation  and 
policies relevant for the European chemicals industry.  

Ongoing and planned to be finalised in Q4 2015 

Chemicals legislation (other than REACH)* 

Scope 

Fitness Check  on the  most relevant chemicals legislation13 (excluding 
REACH)  as  well  as  related  aspects  of  legislation  applied  to 
downstream industries  

Status 

Started in March 2015 and planned to be finalised in Q1 2017. 

Firearms 

Scope 

Status 

Results 

Evaluation of Directive 91/477/EEC on control of the acquisition  and 
possession of weapons as amended by Directive 2008/51/EC of the EP 
and of the Council of 21 May 2008  (Firearms Directive) 

Finalised in Q1 2015. 

The  evaluation  concluded  that  the  Firearms  Directive  has  positively 
contributed to the functioning of the internal market and minimised the 
risks  associated  with  the  civilian  firearms  market.  Legislation  at  EU 
level  has  also  contributed  to  the  creation  of  an  EU  identity  for  all 
producers,  dealers  and  brokers  operating  within  the  sector  that 
currently  share  common  requirements  and  standards.  However,  the 
Directive  sets  only  minimum  requirements  which  has  resulted  in 
important  differences  in  Member  States’  implementation  of  the 
Directive (in particular regarding marking, deactivation, convertability 
of alarm weapons). These differences have been identified by the study 
as sources of security or market concerns. 

In  terms  of  efficiency,  the  overall  results  have  been  achieved  at 
reasonable  costs.  The  directive  does  not  prescribe  any  major 
infrastructure  investment  except  for  the  creation  of  a  computerised 
data-filing  system.  Costs  related  to  the  implementation  of  different 
provisions  serve  various  objectives  and  are  distributed  fairly  among 
interested stakeholders. The administrative burden and costs perceived 
by  stakeholders  are  more  linked  to  the  different  and  sometimes 
inefficient  administrative  procedures  implementing  the  directive  at 
national level rather than to the Directive itself.  

The  Commission 
the 
analysing  how 
recommendations  highlighted  by  the  evaluation  study  and  will  report 
on  planned  follow-up  actions  in  the  implementation  report  due  to  be 

to  best 

address 

is 

13 DG GROW and DG ENV are co-responsible for this fitness check. 

16 

 
 
 
                                                            
submitted to the EP and the Council by 28 July 2015. 

Public procurement - remedies 

Scope  

Evaluation  of  Directive  2007/66/EC  amending  Council  Directives 
89/665/EEC and 92/13/EEC with regard to improving the effectiveness 
of review procedures concerning the award of public contracts 

Status 

Ongoing and expected to be finalised end of 2015. 

Commercial agents 

Scope  

Evaluation of Council Directive 86/653/EEC of 18 December 1986 on 
the  coordination  of  the  laws  of  the  Member  States  relating  to  self-
employed commercial agents 

Status 

Ongoing and expected to be finalised mid-2015. 

Late Payments Directive 

Scope 

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

Status 

Ongoing and expected to be finalised in Q4 2015  

Standardisation 

Scope 

Status 

Evaluation of the relevance of standardisation activities 

Ongoing and planned to be finalised in Q4 2015 

Pre-packaging 

Scope 

Status 

Evaluation of the legal framework for pre-packaging 

Ongoing and planned to be finalised in Q4 2015  

Glass and Ceramics 

Scope 

Cumulative cost assessment of the most relevant EU legislation for the 

17 

 
 
 
 
 
 
 
EU glass and ceramics industries 

Status 

Planned to start in Q4 2015 and to be finalised in 2017 

Mutual Recognition for goods 

Scope 

Status 

Evaluation of the application of the principle of mutual recognition in 
goods in the non-harmonised area 

Ongoing and planned to be finalised in Q2 2015 

Construction sector* 

Scope 

Status 

Fitness Check on the construction sector  

Planned to start Q2 in 2015 and to be finalised in 2016. 

Design System 

Scope 

Status 

Evaluation of Directive 98/71/EC on the legal protection of designs 

and of Regulation 6/2002 on Community Designs 

Ongoing and planned to be finalised by mid-2016. 

18 

 
 
 
 
3. 

FINANCIAL STABILITY, FINANCIAL SERVICES AND CAPITAL MARKET UNION 

1.  Smart regulation activity and simplification efforts 

Under  its  ABR-Plus  Programme,  the  Commission  and  Member  States  worked  together  to 
assess savings to business of measures that had already reached implementation stage. In this 
context,  the  follow-up  on  the  implementation  by  Member  States  of  the  Company  Accounts 
Directive  shows  that  cost  reductions  were  calculated  at  rates  between  8%  and  66%  per 
Member  State.  The  Directive  introduced  lighter  regimes  and  exemptions  for  SMEs  from 
certain  accounting  and  disclosure  requirements,  some  of  those  are  optional  for  Member 
States. 

The  proposed  regulation  for  European  Long-Term  Investment  Funds  will  harmonise  the 
investment proposal and create a common label for such funds, thus enhancing cross-border 
access  to  long-term  funding  for  the  economy.  Parliament  adopted  its  position  on  10  March 
2015. It will now be for the Council to take the final decision. 

Since  the  financial  crisis  in  2008  a  large  supervisory  and  regulatory  reform  has  been  put 
forward. A banking union and three European Supervisory Authorities have been established, 
capital  requierments  have  been  increased  and  multiple  other  rules  have  been  put  in  place. 
Much  of  the  financial  regulation  that  is  currently  in  place  has  recast  previous  legislation, 
reducing  the  number  of  directives  and  regulations  that  are  in  application.  For  example,  the 
new  Accounting  Directive  (2013/34/EU),  which  enters  into  force  in  July  2015,  repeals  7 
directives;  and  the  Solvency  II  Directive  (2009/138/EC),  which  entered  into  force  in  June 
2014 and will apply in principle as of 1 January 2016, repeals 13 Directives. 

In other key areas where wider policy reviews are in preparation such as the Capital Markets 
Union  it  will  be  important  to  search  for  cost  reduction  and  simplification  potential.  The 
planned revision of the Prospectus Directive in this year's work programme is an example. 

2.  Scoreboard 

Legislative Initiatives 

European Long Term Investment Funds (ELTIF) 

Existing/Proposed 
legislation 

Proposal  for  a  Regulation  of  Parliament  and  Council  on  European 
Long-term Investment Funds 

Status 

Adopted  in  legislative  procedure  on  20  April  2015.  Awaiting 
publication in OJ. 

Main objectives of the 
initiative 

Create  a  single  market  for  funds  focusing  on  long-term  investment 
strategies,  facilitate  the  access  of  retail  and  institutional  investors  to 
long-term assets and increase the financing of long-term projects 

Main REFIT objectives  This  regulation  will  create  a  harmonised  fund  for  long  term 
investments with a passport. It will enhance cross-border access to long 

19 

 
term  funding  for  Europe's  real  economy.  The  creation  of  a  European 
fund  with  uniform  rules  and  administrative  procedures  will  also 
simplify the current situation where fragmented and often inconsistent 
requirements exist in different Member States. 

Amendments to REFIT objectives by co-legislator 

EP Position 

The  European  Parliament  has  adopted  the  legislative  resolution 
on 10 March 2015. 

Council Position 

A Council position followed by final adoption is expected. 

Assessment of 
outcome of legislative 
procedure 

Changes  introduced  by  the  co-legislators  do  not  affect  the 
Commission  REFIT  objectives.  They  reinforce  the  approach 
towards the protection of retail invetsors and enlarge the range of 
eligible  assets  for  long-term  invetsments  thereby  extending  the 
benefits to be achieved. 

Member State Implementation 

Date of  application 

6  months  after  entry  into  force  (publication  is  planned  for  mid-May 
2015) 

Implementation 
reported by Member 
States 

No data available yet.  

Undertakings for collective investment in transferable securities 
(UCITS) – "UCITS 6 Review" 

Existing/Proposed 
legislation 

Status 

Main objectives of the 
initiative 

Directive  2009/65/EC  of  the  European  Parliament  and  of  the  Council 
of  13  July  2009  on  the  coordination  of  laws,  regulations  and 
administrative  provisions  relating  to  undertakings  for  collective 
investment in transferable securities (UCITS)  

UCITS  has  an  important  place  in  the  new  Capital  Markets  Union 
Green  Paper,  and  on  the  basis  of  the  comments  the  Commission  will 
decide what actions to take. 

A  consultation  on  CMU  is  ongoing.  This  consultation  also  covers  
certain  UCITS  issues.  There  has  been  no  decision  on  possible  legal 
proposals relating to UCITS. Any such possible actions will be in the 
context of CMU rather than UCITS 6. 

The initial aim of the UCITS review is to align the investment profile 
of  a  UCITS  with  a  prudent  policy  on risk  exposure  suitable  for  retail 
investors  and  ensure  the  clarity  of  the  rules.  The  starting  point  for 
possible  UCITS  actions  would  be  that  these  contribute  to  economic 
growth and reduce administrative burden. 

20 

 
 
Main REFIT objectives  Providing increased clarity of rules will make the practical application 

of the Directive simpler and this will help to increasing the choice of 
funds, in particular to retail investors. 

Amendments to REFIT objectives by co-legislator 

Not yet applicable as this stage in the procedure has not been reached 

Initial Public Offerings (IPOs) for SMEs / Prospectus and Disclosure 
requirements 

Existing/Proposed 
legislation 

Directive  2003/71/EC  of  the  European  Parliament  and  of  the  Council 
of 4 November 2003 on the prospectus to be published when securities 
are offered to the public or admitted to trading and amending Directive 
2001/34/EC  ;  Commission  Regulation  (EC)  No  809/2004  of  29 April 
2004 implementing Directive 2003/71/EC of the European Parliament 
and of the Council as regards information contained in prospectuses as 
well as the format, incorporation by reference and publication of such 
prospectuses and dissemination of advertisements 

Status 

It applies with effect from 22 September 2012: 

  Commission  Delegated  Regulation    (EU)  No  862/2012  of  4 

June 2012 

Main objectives of the 
initiative 

Increase efficiency (enhancement of legal clarity) 

Reduce  administrative  burdens  and  administrative  costs  for  issuers 
when raising capital 

Main REFIT objectives   This  regulation  amends  disclosure  rules  to  make  Public  offerings 
(including  Initial  Public  Offerings)  less  costly  and  easier  for  small 
firms. 

To  increase  efficiency  and  reducing  administrative  burdens,  the 
delegated  Regulation  lays  down  conditions  under  which  a  description 
of  the  index  within  the  prospectus  is  not  required  when  the  index  is 
composed  by  entities  acting  in  association  with  or  on  behalf  of  the 
issuer. Moreover, for broadly based and recognised published indexes, 
a  statement  in  the  prospectus  specifying  where  the  information  about 
the index can be found should be sufficient without a description of the 
composition of the index being necessary. 

In  order  to  reduce  the  administrative  costs  for  issuers  when  raising 
capital,  this  Regulation  lays  down  conditions  under  which  the  report 
prepared by independent  accountants or auditors accompanying  profit 
forecasts  and  estimates  is  not  required,  notably  where  independent 
accountants or auditors are not able to sign the audit report because the 
complete  set  of  documents  constitutive of  annual  financial  statements 
are not available to them. 

Member State Implementation 

21 

 
 
Date of  application 

22 September 2012 

Implementation 
reported by Member 
States 

No data available yet.  

Insurance mediation 

Existing/Proposed 
legislation 

Directive 2002/92/EC on insurance mediation  

Commission proposal for the recast of Directive 2002/92/EC  

Status 

Proposal from the Commission of 3 July 2012 - COM(2012)360 

Main objectives of the 
initiative 

life  and  non-life 

insurance  products 

The main objective of the proposal is consumer protection in the sale 
of 
insurance 
intermediaries  and  insurance  undertakings.  Rules  are  introduced  to 
address  more  effectively  the  risk  of  conflicts  of  interest,  including 
disclosure  of  remuneration  by  intermediaries.  Sales  standards  are 
strengthened  and  enhanced  requirements  apply  to  the  sale  of  life 
insurance products with investment elements.  

through 

Main REFIT objectives  The  proposal  makes  it  easier  for  ancillary  service  providers  to 
implement the sales rules, and some exceptions are provided for SMEs, 
for  example  giving  them  a  five-year  grace  period  to  provide 
information to customers on the sale of non-life insurance products. 

Amendments to REFIT objectives by co-legislator 

EP Position 

Council Position 

Assessment of final 
outcome 

Parliament  first  reading  report  adopted  on  26  February  2014  softens 
some of the disclosure and transparency requirements in the proposal, 
for  example  by  making  them  available  on  request  only.  The 
Commission's proposal on SMEs remains unchanged. 

A  general  approach  was  adopted  on  7  November  2014.  Trilogue 
negotiations have been launched on 26 February 2015. 

Not yet applicable.  

ABRPlus follow up 

Company accounts 

Existing/Proposed 
legislation 

Directive  2006/46/EC  amending  Council  Directives  78/660/EEC  on 
the  annual  accounts  of  certain  types  of  companies,  83/349/EEC  on 
consolidated  accounts,  86/635/EEC  on  the  annual  accounts  and 
consolidated  accounts  of  banks  and  other  financial  institutions  and 
91/674/EEC  on  the  annual  accounts  and  consolidated  accounts  of 
insurance undertakings 

22 

 
 
 
Status 

It applies with effect from July 2006. 

Main  REFIT  objectives 
of the initiative 

The  main  REFIT  benefit  of  the  finally  adopted  Directive  was  the 
increase by around 20% of the maximum size criteria ("thresholds") for 
balance  sheet  and  net  turnover  that  Member  States  may  apply  in 
determining  which  companies  may  be  exempted  from  certain 
disclosure requirements. There was no obligation on Member States to 
make  use  of  those  increased  thresholds,  nor  even  to  implement 
differentiated  treatment  of  companies  based  on  size.  The  Member 
States had also the flexibility, when implementing categories based on 
size, to apply lower thresholds than those provided for in the Directive. 

Amendments to REFIT objectives by co-legislator 

Positions  of  Parliament 
and Council 

Assessment  of 
outcome 

final 

Parliament  felt  that  costly  and  inefficient  over-regulation  should  be 
avoided,  in  particular  for  SMEs.  Measures  to  enhance  business 
transparency  and  liability  for  inappropriate  behaviour  should  be 
proportionate to their actual benefit to shareholders and other interested 
parties. Excessive demands regarding disclosure should be avoided: the 
duty of disclosure should only be extended where this is relevant and 
necessary. 

Parliament  also  considered 
inclusion  of  off-balance  sheet 
transactions  in  the  notes  not  necessary  and  clarified  the  proposed 
principles of collective responsibility and corporate governance. 

the 

A  new  article  was  proposed  by  the  EP  to  be  inserted  in  Directive 
78/660/EC, providing a 20 % increase of the thresholds for small and 
medium-sized companies.  

Parliament introduced an increased treshold for exemptions from 
certain  disclosure  requirements.  Other  main  changes  concern 
proportionality  in  transparency  on  related  parties’  transactions, 
clearer  provisions  on  the  collective  responsibility  of  board 
members  towards  the  company  in  respect  of  annual  reports  and 
financial  statements,  and  improved  corporate  governance  report. 
The  savings  potential  of  this  new  element  was  calculated  by  the 
Centre  for  European  Policy  Studies  in  2009  as  amounted  to  €863 
million across the EU. 

Date of  application 

July 2006 

Member State Implementation 

Date  of 
by Member States 

transposition 

Implementation 

Between 2008 and 2014 

The  Directive  contains 
the 
implementation  of  the  provisions  for  simplification  of  company 

for  Member  States 

flexibility 

in 

23 

 
 
reported  by  Member 
States 

accounts  for  SMEs.    Member  States  have  transposed  the  Directive 
between  2008  and  2014.  Due  to  late  transposition  in  the  majority  of 
Member States companies could not profit as early as expected from the 
savings. 

  8  Member  States  have  fully  implemented  the  simplification 
provision,  (CZ,  DK,  DE,  ES,  NL,  SK,  SE,  UK),  while  for  7 
Member States the degree of implementation is not clear. (HR, 
CY, LU, MT, AT, PT, SL). 

  6  Member  States    have    only  implemented  certain  provisions 
and not taken up the option to raise exemption thresholds. (BG, 
IE, EL, IT, LV, LT).  

  3  Member  States    did  not  implement  the  provisions  (EE,  HU, 
FI).  They  either  applied  other  simplification  measures  in  the 
area of annual accounts or the permitted increase in exemption 
thresholds for SMEs was relatively small, thereby undermining 
potential  or  perceived  benefits  of  the  measure  by  Member 
States.  

  2  Member  States  introduced  additional  requirements  that  can 

lead to an increase in administrative burden (CY, MT). 

In  the  five  Member  States  that  provided  assessments  of  the  cost 
reduction it was estimated to range between 8% and 82% (CZ, LV, SK, 
SE,  UK),  while  the  initial  estimation  by  the  Commission  predicted 
overall  savings  of  administrative  burdens  of  around  47%.  Overall, 
available quantitative evidence was insufficient to provide a conclusive 
assessment of impacts of the measure on the ground. 

Annual accounts of micro-enterprises 

Existing/Proposed 
legislation 

Directive 2012/6/EU of 14 March 2012 amending Council Directive 
78/660/EEC on the annual accounts of certain types of companies as 
regards micro-entities 

Status 

It applies with effect from April 2012. 

Main REFIT objectives 
of the initiative 

The  Commission  proposal  provided  for  Member  States  to  have  the 
possibility  to  exempt  micro-companies  from  certain  accounting 
requirements in order to simplify their financial reporting. 

Amendments by co-legislator 

EP Position 

Parliament proposed maintaining the obligation for companies to keep 
records  showing  the  company’s  business  transactions  and  financial 
situation.  

24 

 
 
Council Position 

Reduction  of  the  thresholds  to  EUR  250  000  for  balance  sheets  and 
EUR 500 000 for net turnover and therefore reduction in the number of 
SMEs that could benefit from the exemption. 

Assessment of final 
outcome 

The amendments by the legislator reduced the scope of application 
and the number of SMEs to benefit from the simplification. 

The  thresholds  were  reduced  to  EUR  350  000  for  balance  sheets 
and EUR 700 000 for the net turnover. 

An  obligation  for  companies  to  keep  records  showing  the 
company’s  business  transactions  and  financial  situation  with  the 
obligation for micro entities to prepare a balance sheet and a profit 
& loss account were maintained in the final act. 

Therefore  both  Council  and  Parliament  introduced  significant 
limitations  in  the  main  administrative  burden  reduction  elements 
in the Commission proposal.  

The  Directive  nevertheless  makes  a  simpler  accounting  regime 
available to micro-entities, including a simplified balance sheet and 
profit and loss account, virtually no notes, no management report 
and simplified publication system.  

It is up to the Member States whether they want to use the option 
of implementing a simpler regime for their micro-entities. Member 
laws,  regulations  and 
States  shall  bring 
administrative provisions necessary to comply with this directive if 
and when they decide to make use of any option provided in it. 

force 

into 

the 

Member State Implementation 

Date of  application 

1 April 2012 

Implementation 
reported by Member 
States 

The Directive introduces 4 simplification requirements, however 
Member States are free to chose if they want to transpose the Directive 
and implement the requirements. 8 MS indicated to have transposed 
the Directive in 2013 or 14. 

  7 Member States have partially implemented the measure 

implementing between 1 and 3 of the provisions (DE, FR, LV, 
HU, AT, SK, UK). For 1 Member State the degree of 
implementation is unclear (PT).  

  15 Member States have not implemented the measure the 

majority indicating their intention to implement together with 
another directive linked to accounting (Directive 2013/34/EU) 
with a transposition date of June 2015 (BE, BG, CZ, DK, EE, 
IE, EL, ES, IT, CY, LT, LU, MT, RO, SE).  

In  the  five  Member  States  that  provided  information  on  their  partial 

25 

 
implementation  of  the  provisions  (FR,  LV,  AT,  SK,  UK),  cost 
reductions  were  estimated  to  range  between  42%  and  70%,  while  the 
initial  estimation  by  the  Commission  predicted  overall  savings  of 
administrative  burden  of  around  38%.  Overall,  available  quantitative 
evidence  was  insufficient  to  provide  a  conclusive  assessment  of 
impacts of the measure on the ground. 

Evaluations: 

International accounting standards (IAS) 

Scope  

Status 

Evaluation of Regulation 1606/2002 on the application of international 
accounting standards (IAS) 

Planned to be finalised in June 2015.  

Prospectus directive 

Scope  

Status 

Directive  2003/71/EC  of  4  November  2003  (as  amended  by  the 
Directive  2010/73/EU)  on  the  prospectus  to  be  published  when 
securities are offered to the public or admitted to trading 

The evaluation of the Prospectus Directive (PD) will be performed as 
part of the IA for the revision of the PD. The Commission launched the 
public consultation on 18 February 2015. 

26 

 
 
 
 
4. 

TAXATION AND CUSTOMS UNION 

1.  Smart regulation activity and simplification efforts 

Under  its  ABR-Plus  Programme,  the  Commission  and  Member  States  worked  together  to 
assess savings to business of measures that had already reached implementation stage. In this 
context  the  implementation  by  Member  States  of  the  new  rules  for  a  Common  system  of 
VAT has been assessed as having delivered savings between 30% and 35% to industry. The 
Directive  suppresses  certain  requirements  on  invoices  and  enables  wider  use  of  electronic 
invoicing. 

The implementation of the Directive on the refund of VAT by Member States has produced 
savings in the range between 2% and 35% according to calculations by Member States. The 
Directives provides several options of implementation to Member States. With the new rules 
applicants  are  able  to  file  their  applications  electronically  in  their  own  Member  State.  The  
electronic  procedure  replaces  the  previous  paper-based  procedure  which  was  slow, 
cumbersome, and costly ensuring  a quicker refund to claimants.  

Reduction  of  regulatory  burden  in  the  area  of  taxation  and  customs  requires  stronger 
commitment by the co-legislator. The area of VAT is one of the main areas of EU regulatory 
burden  identified  by  SMEs  in  the  TOP-10  consultation  and  an  area  where  simplification 
requires unanimous agreement of Member States in Council after consultation of Parliament 
and  the  Economic  and  Social  Committee.  For  reasons  of  subsidiarity,  Member  States  are 
reluctant to reduce regulatory burden through EU harmonisation in this area.  

The legislative debate of the EU standard VAT declaration has shown strong and diverging 
positions  in  Council.  The  Commission  has  stressed  throughout  the  negotiations  that  the 
standard  VAT  return  needs  to  remain  simple  with  a  minimum  number  for  mandatory  fields 
and  an  adequate  number  of  optional  boxes  and  that  a  standardised  format  is  of  major 
importance.  If  Member  States  in  Council  will  not  be  able  to  agree  on  the  proposed 
simplification, estimated  15 billion EUR savings for industry and public administration will 
not materialise. 

Further progress is also in preparation in the following areas:  

Mini One Stop Shop: Doing business in more than one Member State often means dealing 
with  several  tax  administrations  in  different  languages.  Dealing  with  multiple  VAT 
obligations  can  be  very  burdensome  and  costly  for  companies.  The  implementation  on  1 
January  2015  of  a  mini  One  Stop  Shop  for  the  EU  providers  of  telecommunications, 
broadcasting and electronic services to consumers (Council Directive 2008/8/EC – following 
a  proposal  from  the  Commission  in  2003)  is  a  big  step  forward  in  simplifying  VAT 
compliance  rules  in  the  EU.  The  initial  One  Stop  Shop  system  that  was  limited  to  non-EU 
providers  of  electronic  services  is  now  extended  to  EU  businesses  and  to  broadcasting  and 
telecom services. It allows businesses to declare and pay the VAT in the Member State where 

27 

 
 
they  are  established  rather  than  where  their  customer  belongs.The  estimated  savings  on 
administrative  burden  are  €463  million.  The  initial  proposal  of  the  Commission  foresaw  a 
more  extensive  application  of  the  One  Stop  Shop  together  with  exemptions  for  smaller 
businesses. An evaluation is therefore being carried out to assess its performane. 

A definitive regime for VAT: Options are being considered for a Commission proposal for a 
definitive regime for VAT that would ensure a more solid basis for the VAT regime, reducing 
costs for business while also improving security against fraud. 

Union Customs Code: Following the Commission's proposal of February 2012, the European 
Parliament  and  the  Council  adopted  Regulation  (EU)  No  952/2013  laying  down  the  Union 
Customs  Code  on  9  October  2013.  Among  the  improvements  are  measures  to  complete  the 
shift  by  customs  to  a  paperless,  fully  electronic  environment  and  provisions  to  reinforce 
swifter customs procedures for reliable traders. In 2014, the Commission progressed with the 
preparation  of  the  Union  Customs  Code  related  delegated  and  implementing  acts.  Member 
States and all other relevant stakeholders have been duly involved and been consulted on both 
the preliminary draft delegated and implementing acts. The adoption of those acts is planned 
for Q2 2015. The new rules will be applied as of 1 May 2016 with a phased deployment of IT 
systems according to the UCC work programme14 until 31 December 2020.  

2.  Scoreboard 

Legislative Actions: 

Common consolidated corporate tax base (CCCTB) 

Existing/Proposed 
legislation 

Proposal  for  a  Council  Directive  on  a  Common  Consolidated 
Corporate Tax Base (CCCTB) 

Status 

Proposal from the Commission of 16 March 2011 - COM(2011)121 

Main objectives 

REFIT objectives 

Proposing a common set of rules in the EU to calculate the corporate 
tax base of businesses operating in the internal market. This system is 
optional for Member States. 

CCCTB  reduces  time  and  resources  spent  on  tax  compliance  for 
businesses  operating  cross  border  in  the  EU.  It  is  estimated  that  the 
current  compliance  costs  could  be  reduced  by  7%  and  the  CCCTB 
would save businesses € 750 million in reduced compliance costs and 
€1 billion in reduced costs to expand cross-border. 

Amendments to REFIT objectives by co-legislator 

EP Position 

Introduction  of  several  amendments  by  the  EP  under  the  consultation 
procedure,  these  include  notably  an  obligation  to  use  CCCTB  except 

14  2014/255/EU:  Commission  Implementing  Decision  of  29  April  2014  establishing  the  Work  Programme  for  the 

Union Customs Code, OJ L 134, 7.5.2014, p. 46–53 

28 

 
                                                            
for micro-companies.  

The  proposal  has  not  been  accepted  by  the  Commission  as  it  would 
increase burden for local business with no cross-border operations. 

Discussions  in  the  Council  have  stalled.  The  Commission  announced 
in  the  Commission  Work  Programme  (CWP)  for  2015  that  it  would 
come forward before the summer with an Action Plan for fair corporate 
taxation, including a renewed approach to the CCCTP project. 

Not yet applicable as this stage in the procedure has not been reached. 

Council Position 

Assessment of final 
outcome 

EU standard VAT declaration* 

Existing/Proposed 
legislation 

Proposal for a Council Directive amending Directive 2006/112/EC on 
the  common  system  of  value  added  tax  as  regards  a  standard  VAT 
return 

Status 

Proposal from the Commission of 23 October 2013 - COM(2013)721 

Main objectives of 
proposal 

Introduction of a mandatory standard VAT return  system for Member 
States and business. 

REFIT objectives 

The aim of this initiative is to reduce red-tape for businesses, ease tax 
compliance  and  make  tax  administrations  across  the  Union  more 
efficient.  The  proposal  foresees  a  uniform  set  of  requirements  for 
businesses  when  filing  their  VAT  returns,  regardless  of  the  Member 
State in which they do it.  

The  standard  VAT  return  simplifies  the  information  that  businesses 
will have to provide to tax authorities. The declaration will have only 5 
compulsory  boxes  for  taxpayers  to  fill  in.  Member  States  are  given 
leeway to request a number of additional standardised elements, up to a 
maximum  of  26  information  boxes.  This  is  a  major  improvement  on 
the current situation, whereby some Member States require up to 600 
information boxes to be completed.  

Businesses will file the standard VAT return on a monthly basis, while 
micro-enterprises will only be obliged to do it on a quarterly basis. The 
proposal also encourages electronic filing, as the standard VAT return 
will  be  allowed  to  be  submitted  electronically  throughout  the  Union. 
This major simplification of the process for VAT returns supports the 
Commission's wider commitments to reducing administrative burdens.  

The  estimated  savings  on  administrative  burden  are  €15  billion  per 
year.  

Amendments by co-legislator 

EP Position 

Parliament  first  reading 
the 
Commission's proposal. Only a few amendments are made in recitals, 
mainly in order to strengthen the potential of the proposal in  reducing 
administrative burden and VAT fraud. 

in  February  2014  fully  supports 

29 

 
 
Council Position 

The debate in Council shows strong and diverging positions on several 
issues  of  the  Commission  proposal:  number  of  compulsory  and 
optional boxes, need for standard format, filing periods.  

The  Commission  has  stressed  throughout  the  negotiations  that  the 
standard VAT return needs to remain simple with a minimum number 
for  mandatory  fields  and  an  adequate  number  of  optional  boxes  and 
that  a  standardised  format  is  of  major  importance.  If  both  simplicity 
and  harmonisation  are  not  achieved,  then  the  aim  to  simplify 
compliance  and  reduce  administrative  burdens  for  businesses  and  tax 
administration will be lost. 

Assessment of final 
outcome 

Not yet applicable as this stage in the procedure has not been reached. 

Modernising  VAT  for  cross-border  B2C  (Business  to  Consumer)  E-
Commerce 

Existing/Proposed 
legislation 

Future proposal to amend Council Directive 2006/112/EC 

Status 

In preparation, adoption planned for 2016. 

objectives 

Main 
proposal 

of 

To extend the single electronic registration and payment system to all 
business to consumer (B2C) supplies, notably for cross border supplies 
of goods, including imports of small consignments. 

REFIT objectives 

The  aim  of  this  initiative  is  to  break  down  VAT  barriers  for  cross 
border trade and make it easier for businesses to register and account 
for  VAT  in  respect  of  cross-border  B2C  supplies  of  goods  and 
services. 

This initiative was recommended by the Commission expert group on 
taxation  of  the  digital  economy.  It  will  facilitate  the  Digital  Single 
Market and to provide a level playing field for business. 

This  simplification  of  the  process  for  VAT  returns  supports  the 
Commission's wider commitments to reducing administrative burdens.  

The  estimated  savings  on  administrative  burden  are  currently  being 
examined as part of the on-going study.   

Amendments by co-legislator 
Not yet applicable as this stage in the procedure has not been reached. 

ABRPlus follow up 

30 

 
 
 
Common system of value added tax 

Existing/Proposed 
legislation 

Council  Directive  2010/45/EU  of  13  July  2010  amending  Directive 
2006/112/EC on the common system of value added tax as regards the 
rules on invoicing adopted on 13 July 2010 

Status 

It  applies  with  effect  from  1  January  2013  -  Council  Directive 
2010/45/EU  

Main objectives and 
REFIT objectives 

Suppressing  additional  requirements  on  invoices  and  enabling  wider 
use of electronic invoicing. 

The aim of the proposal is to increase the use of electronic invoicing, 
reduce  burdens  on  business,  support  small  and  medium  sized 
enterprises  (SMEs)  and  help  Member  States  to  tackle  fraud.  The 
proposal  simplifies,  modernises  and  harmonises  the  VAT  invoicing 
rules.  In  particular,  it  eliminates  the  current  barriers  to  e-invoicing  in 
the VAT Directive by treating paper and electronic invoices equally. 

The  estimated  savings  are  up  to  €18  billion.  The  Commission  will 
make  a  formal  assessment  of  the  e-invoicing  rules  in  2016/2017, 
focusing on the decrease in administrative burdens for businesses. 

Amendments to REFIT objectives by co-legislator 

EP Position 

Council Position 

Assessment of final 
outcome 

Most  of  the  amendments  tabled  by  the  Parliament  went  beyond  the 
Commission's proposal in terms of reduction of administrative burdens. 
As they were not in line with the ECOFIN's general approach reached 
in March 2010, and the Council could not agree on a large number of 
simplification  measures  proposed  by  the  Commission,  therefore,  the 
Commission  did  not  modify  its  proposal  following  the  proposed 
Parliament amendments. 

Several options proposed by the Commission to simplify the content of 
invoices, their storage, as well as self-billing and outsourcing were not 
adopted by Council.  

Council  also  decreased  the  ceiling  for  use  of  simplified  invoices  to 
EUR 100. The proposed standardised date for chargeability to tax and 
invoicing date was also not accepted in full. 

The main elements of the proposal, i.e. equal footing of the paper 
and  electronic  invoices,  no  technical  restriction  on  issuance  of  e-
invoices and no legal obstacles to the transmission and storage of e-
invoices were achieved.  

Council  could  not  agree  on  further  simplification  as  proposed  by 
Commission and Parliament. 

Member State Implementation 

Date of tranposition by 
Member States 

1 January 2013 

Implementation 
reported by Member 

The Directive provides several provisions for Member States to enable 
electronic invoicing. Member States have transposed the Directive into 

31 

 
States 

national  law  between  2011  and  2013.  Only  one  Member  State  had 
implemented as late as 2014. 

In five Member States cost reductions were estimated to range between 
30%  and  35%  (ES,  FR,  CY,  LV,  SE),  while  the  initial  estimation  by 
the Commission predicted savings of adminstrative burdens of 63%.  

Overall,  available  quantitative  evidence  was  insufficient  to  provide  a 
conclusive assessment of impacts of the measure on the ground. 

Refund of value added tax* 

Existing/Proposed 
legislation 

Directive 2008/9/EC laying down detailed rules for the refund of value 
added tax adopted on 12 February 2008. 

Status 

It applies with effect from 1 January 2010 - Directive 2008/9/EC  

Main objectives and 
REFIT objectives 

EP Position 

Council Position 

Assessment of final 
outcome 

The  Directive  lays  down  the  detailed  rules  for  the  refund  of  VAT  to 
taxable  persons  not  established  in  the  Member  State  of  refund 
suppressing the obligation to fill out paper forms. With the new rules 
applicants are able to file their applications electronically in their own 
Member State. The  electronic procedure replaces the previous paper-
based procedure which was slow, cumbersome, and costly ensuring  a 
quicker refund to claimants.  

The estimated savings are €447 million. 

Amendments by co-legislator 

Parliament  proposed  on  1  December  2005  only  minor  amendments 
inter  alia  suggesting  additional  notifications  and  clarifications  of 
deadlines for refund.  

The  Council  added  several  options  for  Member  States  for  the  refund 
procedure  such  as  supplementary  coding  of  supplies  and  invoice 
requirements. It extended the processing time for refund requests from 
three  months  (as  proposed  by  the  Commission)  to  four  months.  The 
Council  also  added  the  option  for  Member  States  to  specify  the 
languages to be used for the refund process. 

The electronic procedure and the estimated deadline for refund is 
an  improvement  compared  to  the  previous  mechanism.  However, 
the  numerous  options  to  Member  States  added  at  the  request  of 
to 
Council 
inconsistencies between the IT systems of Member States delaying 
the full roll out of the system.  

interoperability  and 

to  difficulties 

lead 

in 

Member State Implementation 

Date of  application 

1 January 2010 

Implementation 
reported by Member 

The  Directive  provides  several  options  for  Member  States  for  the 
refund  procedure.  Member  States  have  transposed  the  Directive  into 

32 

 
 
States 

national law between 2009 and 2010 to varying degrees. 

In the five Member States that produced information on cost reductions 
these were estimated to range between 2% and 35% (EL, HU, NL, AT, 
UK), while the initial estimation by the Commission predicted overall 
savings of administrative burdens of around 56%.  

Overall,  available  quantitative  evidence  was  insufficient  to  provide  a 
conclusive assessment of impacts of the measure on the ground. 

Evaluations and Fitness Checks:  

Excise duty* 

Scope 

Evaluation  of  Council  Directive  2008/118/EC  concerning  the  general 
arrangements for excise duty. 

The  assessment  covers  the  legal  arrangements  for  cross-border 
movements of excise goods released for consumption between traders 
and distance selling companies.  

Status 

Ongoing and expected to be finalised by end Q2 2015. 

Excise duty of manufactured tobacco 

Scope 

Evaluation of Council Directive 2011/64/EU on the structure and rates 
of excise duty applied to manufactured tobacco. 

The  assessment  should 
identify  potential  for  a  reduction  of 
administrative  costs  for  operators  and  tax  authorities  with  a  higher 
degree  of  compliance  and  security  in  imposing  excise  duties  on 
tobacco products. 

Status 

External study finalised at the end of 2014  

Commission report expected to be finalised in Q2 2015 

Mini One Stop shop  

Scope 

Assessment  of  the  implementation  of  the  Mini  One  Stop  Shop 
(2008/8/EC) which is applied since 1 January 2015.  

The assessment covers the implementation of the Mini One Stop Shop 
to ensure that it meets its primary objective of simplifying the payment 
of  tax  for  B2C  supplies  of  telecommunications,  broadcastings  and 
electronically supplied services under the new place of supply rules.  It 
will be prepared back-to-back to the IA work on the proposal to extend 
the single electronic registration and payment system to all business to 
consumer  (B2C)  supplies,  notably  to  distance  e-commerce  of  goods 
(end  2016).The  results  of  the  assessment  will  be  integrated  in  the  IA 
report. 

33 

 
 
 
 
Status 

Ongoing and expected to be finalised by end 2016. 

VAT e-invoicing directive (2010/45/EU)  

Status 

Expected to start in 2017/18 

34 

 
 
5. 

STATISTICS 

1.  Smart regulation activity and simplification efforts 

Under  its  ABR-Plus  Programme,  the  Commission  and  Member  States  worked  together  to 
assess savings to business of measures that had already reached implementation stage. In this 
context,  the  implementation  by  Member  States  of  the  reduction  proposals  for  Statistics  on 
Intra-EU trade and the Survey on industrial production have led to cost reductions to business 
in a range between 28% and 43% for 'Intrastat' and 32% and 52% for 'Prodcom'.  

The Commission is preparing a modernised architecture for European business statistics and 
Intra-EU  trade  statistics  in  the  context  of  the  on-going  modernisation  of  the  production  of 
official statistics in the European Statistical System. 

It  is  foreseen  to  deliver  this  modernisation  through  a  Framework  Regulation  integrating 
Business Statistics (FRIBS). Within this framework, the Single Market Statistics (SIMSTAT) 
project will deliver the modernised business architecture for Intrastat. Intrastat costs annually 
334 million € and imposes an administrative burden on enterprises evaluated at 317 million € 
per year15. 

Reducing  regulatory  burden  in  the  area  of  statistics  should  involve  action  at  the  level  of 
Member  States.  In  the  area  of  statistics,  Member  States  in  certain  cases  maintain  national 
requirements not required by EU legislation, such as in the area of Intrastat16 and Prodcom17 
where  data  collected  by  respondents  serve  both  national  and  EU  needs.  National  statistical 
offices  should  carry  out  cost-benefit  analysis  in  a  systematic  way  to  balance  the  general 
interest in market information against the cost for stakeholders of providing required statistics. 
The Commission continues to work with Member States to find the best solutions in this area. 

Within the strategic framework of modernising the European Statistical System (ESS)18, the 
following other areas require further investment: 

  More  efficient  organisation  of  activities  within  the  ESS.  In  the  context  of  the  ESS 
Vision  2020  implementation,  Eurostat  is  working  together  with  Member  States  on 
defining and operationalising co-operation models such as collaborative networks and 

15 http://ec.europa.eu/dgs/secretariat_general/admin_burden/docs/enterprise/files/abst09_statistics_en.pdf 

16 In the case of Intrastat, the Union legislation sets up the minimum requirements – in terms of coverage of data 
collection and data elements to be collected – which the Member States have to meet. Most Member States 
collect more than the minimum coverage rate or also some optional data elements. 

17  Concerning  Prodcom,  the  national  law  of  several  countries  exceed  or  at  least  complements  what  the  Union 
legal act requires (e.g. AT, RO, DE, HU, LT, FI). Therefore, it is difficult to delimitate the administrative 
burden associated to EU/national level requirements. Often Prodcom is embedded in a system of statistics 
on  production  (links  to  short-term  statistics,  national  accounts,  national  surveys)  and  the  potential  for 
simplification is in reality lower than it would appear if considering only EU level requirements. 

18 See: “ESS Vision 2020” endorsed by  the European Statistical System (ESS) on 15 May 2014 

35 

 
                                                            
centres  of  excellence.  The  modernisation  process  provides  the  right  opportunity  to 
rethink  what  could  be  better  done  at  national  and  what  at  European  level  in 
considering also new ways of working together. 

  On 9 December 2014, the Commission adopted a proposal on Harmonised Indices of 
Consumer Prices (HICP). The proposal aims at simplifying, and streamlining of legal 
requirements for the compilation of Harmonised Indices of Consumer Prices (HICP) 
and a significant reduction of the number of existing legal acts. The new architecture 
proposed also takes into account new methods for the collection of basic prices which 
will potentially reduce regulatory burden (e.g. use of scanner data – already available 
in electronic form in retail sale shops).  

2.  Scoreboard 

Legislative Actions 

Single Market Statistics (SIMSTAT) 

Existing/Proposed 
legislation 

Regulation (EC) No 638/2004 of the European Parliament and of the Council 
of  31  March  2004  on  Community  statistics  relating  to  the  trading  of  goods 
between  Member  States  and  repealing  Council  Regulation  (EEC)  No 
3330/91. 

Status 

Under preparation. 

Main objectives 

SIMSTAT  will  deliver  a  modernised  business  architecture  for  Intrastat.  It 
will be implemented in the framework of FRIBS (see below). 

A pilot exchange of micro-data on intra-EU trade between 20 Member States 
will  be  carried  out  April-September  2015.  The  results  of  this  exercise  will 
provide  valuable  information  on  the  final  burden  reduction  potential  of 
SIMSTAT. If SIMSTAT confirms its added value and cost-effectiveness, its 
introduction will be prepared through a proposal for a Framework Regulation 
Integrating Business Statistics. A decision on the way forward is planned for 
2016.  

Main REFIT 
objectives 

(i) reduce sizeably the administrative burden on enterprises and at the same 
time;  

(ii)  guarantee  that  the  statistical  information  that  it  will  provide  is  of  high 
quality and fit for the purpose of measuring the intra-EU trade.  

This will be achieved through: 

 

 

simplifying  the  reporting  requirements  for  Member  States  on  the 
import side.  

creating  an  additional  data  source  that  guarantees  the  improvement 
of the quality  of the statistical data,  by making the exchange of (or 
providing  mutual  access  to)  micro-data  on  intra-EU  exports  among 

36 

 
Member States compulsory.  

Amendments to REFIT objectives by co-legislator  

Not yet applicable as this stage in the procedure has not yet been reached. 

Integrating business statistics (FRIBS) 

Existing/Propose
d legislation 

Proposal for a Framework Regulation integrating Business Statistics (FRIBS) 

repealing;  Regulation  (EC)  No  295/2008;  Regulation  (EC)  No  1165/1998; 
Regulation (EEC) No 3924/91 and Regulation (EC) No 912/2004; Regulation 
(EC)  No  471/2009;  Regulation  (EC)  No  638/2004;  Regulation  (EC)  No 
716/2007;  Regulation  (EC)  No  177/2008;,  Regulation  (EC)  No  48/2004; 
Decision (EC) No 1608/2003 related to statistics; modifying Regulation (EC) 
No 184/2005; Regulation (EC) No 808/2004 

Status 

Under preparation. 

Main objectives 

The  initiative  aims  at  integrating  business  statistics  in  a  common  legal 
framework to: 

Main REFIT 
objectives 

 

streamline and rationalise the reference framework for European business 
statistics, reduce the response burden on business 

  defining a new architecture for European business statistics instrumental to 
the  compilation  of  quality  and  purpose-relevant  European  business 
statistics,  including  the  provision  on  higher  quality  statistics  on  services, 
globalisation and entrepreneurship. 

FRIBS  work  targets  the  integration  of  existing  individual  legal  acts  in  one 
framework  Regulation.  This  would  guarantee  that  all  actions  would  be 
undertaken  in  a  consistent  and  time-coordinated  way.  Furthermore,  it  would 
allow  the  definitions  of  a  flexible  frame  for  future  developments  of  business 
statistics in the EU, since changes in statistical areas would always take place 
within the framework of  one single Regulation, and thus, per definition, in a 
consistent  way.  Moreover,  specific  provisions  for  accessing  administrative 
sources would reduce the administrative burden on respondents. 

Amendments to REFIT objectives by co-legislator  

Not yet applicable as this stage in the procedure as not yet been reached. 

Integrating Social statistics 

Existing/Proposed 
legislation 

Proposal for a framework regulation for the production of European statistics 
relating  to  persons  and  households,  based  on  data  at  individual  level 
(Regulation on Social Statistics) 

Affected European surveys; possibly repealed/modified legislation: 

  EU Labour Force Survey 
Council Regulation (EC) No 577/98 of 9 March 1998 on the organisation of 

37 

 
 
 
a labour force sample survey in the Community 

  EU-SILC: EU Statistics on Income and Living Conditions 
Regulation  (EC)  No  1177/2003  of  the  European  Parliament  and  of  the 
Council  of  16  June  2003  concerning  Community  statistics  on  income  and 
living conditions (EU-SILC) 

  AES: Adult Education Survey 
Regulation (EC) No 452/2008 of the European Parliament and of the Council 
of 23 April 2008 concerning the production and development of statistics on 
education and lifelong learning;  

  EHIS: European Health Interview Survey 
Regulation  (EC)  No  1338/2008  of  the  European  Parliament  and  of  the 
Council of 16 December 2008 on Community statistics on public health and 
health and safety at work; ICT (HH): Survey on ICT usage in households 

Regulation (EC) No 808/2004 of the European Parliament and of the Council 
of  21  April  2004  concerning  Community  statistics  on  the  information 
society;  

Status 

Under preparation. 

Main objectives 

The preparatory work is focusing on: 

Main REFIT 
objectives 

 

 

 

consolidate  and  integrate  statistical  legislation  on  the  production  of 
European statistics relating to persons and households  

enable  progressive  methodological  and  organisational  integration  of 
statistical surveys 

increasing  accountability,  efficiency  and  responsiveness  of  statistical 
production and output. 

The  work  concerns  data  collected  from  private  households  and  individuals 
(persons), but not from enterprises. The objective is to make best possible use 
of  the  information  provided  by  private  households  and  individuals,  and  to 
meet  current  and  future  needs  for  European  statistics  while  keeping  the 
response  burden  at  approximately  the  present  level.  This  shall  be  achieved 
through  the  integration  of  European  statistical  data  collections  that  are 
currently covered by different regulations. 

Amendments to REFIT objectives by co-legislator  

Not yet applicable as this stage in the procedure as not yet been reached. 

Framework Regulations in Agricultural Statistics to 2020 and beyond 

Existing/Proposed 
legislation 

Two Proposals for Framework Regulation on agricultural statistics  

The  aim  is  to  repeal  the  current  legal  acts  in  the  field  of  agricultural 
statistics,  The  scope  of  these  two  framework  proposals  is  still  being 
considered. 

38 

 
 
Status 

Main objectives 

In preparation. 

As the current Farm Structure Survey Regulation will become obsolete 
in 2018, and as it is crucial that an agricultural census be organised in 
2020,  the  Commission  will  propose  a  two-phased  approach  with  the 
objective of integrating the existing legal acts and new statistical data 
needs 
related 
two 
delegated/implemented acts. The aim is to: 

Framework  Regulations 

under 

and 

  permit  collection  of  existing  and  new data  requested  by  users 
for  new  needs  by  having  most  data  collection  covered  by 
legislation; 

 

increase  the  efficiency  of  the  statistcal  system  and  quality  of 
collected  data  by  keeping  the  burden  on  respondents  and 
National Statistical Institutes moderate;  

increase  the  coherence  and  comparability  of  agricultural 
statistics  by  ensuring  that  common  essential  elements  such  as 
scope, precision and quality requirements are the same. 

Main REFIT objectives  The proposals will increase the availaibility of quality data needed for 
agricultural,  environmental  and  climate  change  policies  while 
simplifying the statistical system and keeping the burden moderate. 

Amendments to REFIT objectives by co-legislator 

Not yet applicable as this stage in the procedure as not yet been reached. 

ABRPlus  follow up 

Statistics on intra-EU trade* 

Existing/Proposed 
legislation 

Regulation (EC) No 222/2009 of 11 March 2009 amending Regulation 
(EC) No 638/2004 of 31 March 2004 on Community  statistics relating 
to the trading of goods between Member States adopted in March 2009 

Status 

It  applies  with  effect  from  March  2009  -  Regulation  (EC)  No 
222/2009.  

Main objectives 

Included in the on-going project for Integrating Business Statistics.  

Following  technical  and  economic  developments,  the  established 
minimum coverage rate for arrivals could be adapted to allow reducing 
the response burden on the parties responsible for providing statistical 
information, particularly small and medium-sized enterprises.  

REFIT objectives 

Reduction in the minimum coverage rate of intra-EU imports from 97 
per cent to 95 per cent in 2009  

Member State Implementation 

Date of  application 

March 2009 

39 

 
 
Implementation 
reported by Member 
States 

  17  Member  States  fully  implemented  the  simplification 
requirements, (BG, CZ,  DK,  DE, IE,  EL,  CY, LV, LT, HU, 
NL, AT, PT, RO, SL, SE, UK), while for 1 Member State the 
degree of implementation is unclear (EE). 

  4  Member  States  did  not  implement  the  reduction  in  the 

minimum coverage rate to 95% (ES, IT, MT, FI). 

In five Member States cost reductions were estimated to range between 
28 and 49% (CZ, EL, LV, HU, SE), while the initial estimation by the 
Commission  predicted  savings  of  adminstrative  burdens  of  around 
42%.  Overall,  available  quantitative  evidence  was  insufficient  to 
provide  a  conclusive  assessment  of  impacts  of  the  measure  on  the 
ground.  

Survey on industrial production 

Existing/Proposed 
legislation 

Commission  Regulations  establishing  the  annual  'Prodcom  list'  of 
industrial  products  provided  for  by  Council  Regulation  (EEC)  No 
3924/91    

Status 

Implementation by Member States. 

Main objectives 

Reducing reporting requirements on industrial production in the EU. 

REFIT objectives 

The aim of the initial basic PRODCOM Regulation was to ensure the 
comparability of national statistics on industrial production and to gain 
greater insight into the development of certain branches of industry or 
products  at  European  level.  The  first  Council  Regulation  (EEC)  No 
3924/91  on  the  establishment  of  a  Community  survey  of  industrial 
production,  was  adopted  on  19  December  1991.  In  2004,  a  new 
Regulation  aimed  at  clarifying  issues  concerning  coverage  and 
observation  units  was  adopted.  This  aimed  to  facilitate  the  update  of 
PRODCOM lists on an annual basis. 

Additionally various simplification measures were annouced as part of 
the  review  in  2004  regarding  the  number  of  products  surveyed,  the 
information required on each product and the frequency. 

The Commission Regulations governing the Prodcom list - Regulation 
(EC)  No  317/2006  of  22 December  2005,  Regulation  (EC)  No 
294/2007  of  20  February  2007,  Regulation  (EC)  No 36/2009  of 
11 July 2008,  Regulation  (EC) 830/2011  of  27 July 2011;  Regulation 
(EC)  907/2012  of  20 August 2012;    Regulation  (EC) 936/2013  of 
12 September 2013 and Regulation (EU) No 842/2014 of 4 July 2014 - 
have gradually reduced the number of products required, from around 
5600 in the years up to 2004 to the current 3805. 
Measures recommended to Member States to reduce the administrative 
burden on respondents included the simplification of the Prodcom list, 
the  reduction  of  the  number  of  respondents,  the  transition  from 
quarterly to annual data requirements and the exchange of information 
between  administrations  as  well  as  process  improvements,  such  as 

40 

 
 
promoting  electronic  tools  for  data  collection  and  pre-filled  tailored 
questionnaires. 

Member State Implementation 

Date of application 

Different  dates  of  application  following 
simplification   

the  annual  gradual 

Implementation reported 
by Member States 

The  Regulation  introduces  4  requirements  simplifying  reporting 
requirements on statistical information.  

  12  Member  States  fully  implemented  the  simplification 
requirements  (BG,  IE,  EL,  IT,  LV,  LT,  HU,  NL,  PT,  RO, 
SE, UK);  

  6  Member  States  implemented  some  provisions  (CZ,  DK, 
DE, EE, AT), while 2 Member States did not implement the 
simplified reporting requirements at all (EL, SL);  

  3  Member  States  are  exempted  in  general  from  reporting 
statistical  information  to  EUROSTAT  and  simplification 
measures are thus not relevant for them (CY, LU, MT); 

  4  Member  States  introduced  additional  requirements  that 
can  lead  to  an  increase  in  administrative  burden  (DK,  EE, 
EL, HU). 

Quantitative  evidence  on  the  impacts  of  ABRplus7-PRODCOM 
was  generally  sparse,  although  four  Member  States  (CZ,  EL,  LV 
and  PT)  were  able  to  provide  an  indication  of  the  magnitude  of 
realised savings since the introduction of the measure. Bulgaria and 
Spain  provided  evidence  related  to  savings  potential  only  (not 
actual savings on the ground). Four other Member States – DK, AT, 
SE and the UK – provided estimations of annual savings generated 
through  the  implementation  of  ABRplus7-PRODCOM.  Overall, 
available  quantitative  evidence  was  insufficient  to  provide  a 
conclusive assessment of impacts of the measure on the ground.  

Repeal 

Steel statistics 

Existing/Proposed 
legislation 

Status 

Main objectives 

Regulation  (EC)  No  48/2004  of  the  European  Parliament  and  of  the 
Council of 5 December 2003 on the production of annual Community 
statistics on the steel industry for the reference years 2003-2009. 

This Regulation will be repealed by Framework Regulation integrating 
business statistics (FRIBS). The Proposal is in preparation. 

Repeal  -  Data  is  no  longer  collected  under  Regulation  (EC)  No 
48/2004 on the production of annual Community statistics on the steel 
industry. 

41 

 
 
REFIT objective 

Repeal of obsolete regulation. 

42 

 
6. 

MOBILITY AND TRANSPORT 

1.  Smart regulation activity and simplification efforts 

Under  its  ABR-Plus  Programme,  the  Commission  and  Member  States  worked  together  to 
assess savings to business of measures that had already reached implementation stage. In this 
context,  savings  to  business  in  implementing  the  rules  for  recording  equipment  for  road 
transport  range  between  2%  and  56%.  In  a  further  simplificaton  initiative  in  this  area,  an 
exemption from tachograph obligations for craftsmen was decided while the proposed merger 
of  driving  licence  and  drivers  card  was  not  endorsed  by  the  legislator.  Simplified  rules  in 
submitting  information  on  road  transport  saved  business  between  2%  and  59%  following 
estimates  based  on  information  from  Member  States.  Regarding 
the  Abolition  of 
discriminaton in transport rates and conditions, savings range between 2% and 75%. 
Several pending proposals have been withdrawn in this area in 2014-201519, two repeals are 
being prepared or assessed and five evaluations will produce results in 2015 to lead to further 
simplification and burden reduction initiatives. 

Differences in national implementation of transport legislation are an important concern from 
a perspective of simplification and burden reduction. For instance, the diverse implementation 
of road transport rules, like for instance on market access and cabotage20 by Member States 
has led to a number of practical difficulties for transport companies21 which the Commission 
intends  to  address  in  its  REFIT  proposal  on  market  access  in  preparation.  Several  seminars 
with  Member  States  in  2014  and  2015  focused  on  simplification  and  burden  reduction 
inititives. 

2.  Scoreboard 

Legislative Actions: 

Recording Equipment in Road Transport 

Existing/Proposed 
legislation 

Commission  proposal  (COM(2011)0451  -  2011/0196  (COD))  of  19 
July  2011  amending  Council  Regulation  (EEC)  No  3821/85  on 
recording  equipment  in  road  transport  and  amending  Regulation  (EC) 

19 This notably concerns the withdrawal of a proposal on driving licenses with a functionality of drivers cards 
(COM(2011)710)  and  the  withdrawals  as  part  of  the  CWP  2015  of  proposals  for  a  Directive  on  Aviation 
Security Charges – COM(2009)217 – and for a Regulation on the compensation of oil pollution damage – 
COM(2002)313. These initiatives have been withdrawn from the scoreboard. 

20  Cabotage  is  defined  as:  "National  carriage  for  hire  or  reward  carried  out  on  a  temporary  basis  in  a  host 
Member State". The provisions on road transport cabotage are set out in Chapter III of Regulation (EC) No 
1072/2009. 

21  I.e.  Finland  considers  that  each  loading  and  unloading  constitutes  a  different  cabotage  operation,  whereas 
Denmark considers that a cabotage operation may include several loading or unloading points, but not both. 
Denmark considers that cabotage may only take place after the full unloading of an international carriage; 
whereas other Member States consider that partial unloading is sufficient. Differences in checks have led to 
the  existence  of  transport  undertakings  that  have  little  or  no  establishment  in  Member  States  (letter-box 
companies). 

43 

 
 
                                                            
No  561/  of  15  March  2006  on  the  harmonisation  of  certain  social 
legislation relating to road transport 

Status 

Entered into force on 1 March 2014 - Regulation (EU) No 165/2014 

Main objectives of the 
initiative  

The initiative updates legislation on the digital tachograph linking up to 
satellite positioning systems and to public control authorities. 

Main REFIT objectives  The  further  use  of  digital  tachographs  will  improve  enforcement  of 
rules  and  reduce  the  administrative  burden  for  transport  companies, 
which use tachographs, in the medium and long term. 

The  so-called  "form  of  attestation  of  activities",  major  source  of 
longer 
administrative  burden  according 
compulsory. 

to  stakeholders, 

is  no 

Member States should have the option to exempt lorries of less than 7.5 
ttonst from the tachograph regulation if they carry materials, equipment 
or  machinery  for  the  driver’s  use  in  the  course  of  his  work  and  used 
within a radius of 100 km and provided that driving the vehicle is not 
the driver’s main activity (mainly craftsmen).  

Amendments to REFIT objectives by co-legislator 

EP position regarding 
main REFIT objectives 

Council position 
regarding main REFIT 
objectives 

Assessment of 
outcome in legislative 
procedure 

In  its  First  Reading  resolution,  Parliament  suggested  to  decrease  the 
threshold  for  the  tachograph  exemption  to  2.8  tonnes.  In  its  Second 
Reading  resolution  of  15  January  2014,  Parliament  adopted  the 
exemption  for  craftsmen,  a  total  weight  of  less  than  7.5  tonnes,  and 
within  a  100  km  radius.  This  exemption  is  included  in  article  3  of 
Regulation  561/2006  (scope  of  the  regulation)  and  therefore  will  be 
applicable in all Member States. The other proposal for an extension of 
the radius from 50 to 100 km  was  adopted on the basis that will  keep 
the same optional regime as currently. 

The  Council  position  left  the  Commission's  original  administrative 
burden  reduction  objectives  largely  intact.  The  most  important  part  of 
the initial proposal which was not maintained following discussions in 
the  ordinary  legislative  procedure  concerned  the  merging  of  the 
tachograph  cards  with  the  driving  licences.  This  measure,  aiming  to 
very  significantly  reduce  the  fraud  with  driver  cards,  was  not  retained 
by Member States which argued that it created too much administrative 
burden.  However,  the  estimates  of  the  impact  assessment  prepared  by 
the Commission showed that this measure could have actually reduced 
the administrative burden by 100 million euros per year. 

The finally adopted Regulation does not include a provision on the 
merger  of  tachograph  driver  cards  with  driving  licences  which 
weakens the foreseen reduction of administrative burden. However, 
the  new  Regulation  did  suppress  the  compulsory  nature  of  the 
"form of attestation of activities". The option to exempt craftsmen 
driving within a radius of 50 km from their base has been extended 
into a right to Member States to grant an exclusion of vehicles used 
by  craftsmen  within  a  radius  of  100  km  from  the  base  of  the 
undertaking from the need to equip the vehicles with a tachograph, 
thereby substantially improving on the Commission proposal. 

44 

 
Member State Implementation 

1 March 2014 

Subject  to  the  transitional  measures  in  Article  46,  the  Regulation  shall 
apply from 2 March 2016. However, Articles 24, 34 and 45 shall apply 
from 2 March 2015. 

No data available yet.  

Date of entry into 
force 

Date of application 

Implementation 
reported by Member 
States 

Market access rules in road freight transport 

Proposed legislation 

Proposal  amending  Regulations  (EC)  1071/2009  on  access  to  the 
occupation of road transport operator and 1072/2009 on common rules 
for  access  to  the  international  road  haulage  market  with  a  view  to 
simplify  and  clarify  a  number  of  provisions  and  hence  ensure  a  more 
uniform application and a more effective enforcement. 

Status 

Under preparation; evaluation ongoing and a proposal is  scheduled for 
2016. 

Main objectives of the 
initiative 

The  proposal  would  aim  to  clarify  and  simplify  certain  provisions  of 
Regulations  (EC)  No  1071/2009  and  1072/2009.  The  corresponding 
amendments  would  facilitate  their  implementation  by  Member  States 
and bring a more uniform application across the EU. 

Main REFIT objectives  The  amendments  envisaged  would  reduce  the  administrative  burden 
both  for  public  authorities  and  private  operators.  On  the  one  hand,  it 
would  make  it  easier  for  control  authorities  to  enforce  the  existing 
legislation.  Better  use  of  existing  control  tools  is  likely  to  reduce  the 
duration of checks, whereas targeting of checks thanks to the technical 
capabilities of the digital tachograph will increase detection levels. On 
the  other  hand,  operators  would  enjoy  increased  certainty  when 
planning their transport operations, thanks to the application of uniform 
control provisions throughout the EU. 

Date of  application 

To be determined 

Amendments to REFIT objectives by co-legislator  

Not yet applicable as this stage in the procedure as not yet been reached. 

Repeals  

Abolition of discrimination in transport rates and conditions 

Existing/Proposed 
legislation 

Regulation  No  11(1960)  concerning  the  abolition  of  discrimination  in 
transport rates and conditions as amended by Council Regulation (EC) 
569/2008 

45 

 
 
Status 

Under consideration. 

Main objectives of the 
proposal 

To  ensure  the  documentation  of  transport  and  to  allow  enforcement 
authorities to do on the spot controls.  

REFIT objectives 

Repeal 

Retrofitting of Mirrors to Heavy Goods Vehicles 

Existing/Proposed 
legislation 

Directive  2007/38/EC  of  the  European  Parliament  and  of  the  Council 
of 11 July 2007 on the retrofitting of mirrors to heavy goods vehicles 
registered in the Community 

Status 

The merits of a possible repeal are being assessed.22  

Main objectives of the 
proposal 

Ensuring that older trucks are equipped with mirrors in order to avoid 
blind-spot accidents when the truck is turning.  

REFIT objectives 

Repeal of an EU regulation  fully implemented and therefore could be 
considered obsolete. 

Amendments to REFIT objectives by co-legislator  

Not yet applicable as this stage in the procedure has not yet been reached. 

ABRPlus follow up 

Market access rules in road freight transport 

Existing legislation 

Regulation  (EC)  No  1071/2009  of  21  October  2009  and  Regulation 
(EC) No 1072/2009 of 21 October 2009. 

Status 

It applies with effect from 4 December 2011. 

Main objectives of the 
initiative 

Main REFIT objectives 

The  establishment  of  a  European  Register  of  Road  transport 
Undertakings  (ERRU)  to  facilitate  the  cooperation  and  exchange  of 
information at the European level and to improve the effectiveness of 
the  monitoring  of  undertakings  operating  in  several  Member  States. 
It  also  allows  targeted  checks  and  foresees  a  simplified  authorising 
procedure for coach services. 

Lay down common rules for access to the international road haulage 
market in order to create a level playing field. 

Reduce the time for completing and submitting information for road 

22 Under this Directive Trucks registered between 2000 and 2007 must be retro-fitted. Trucks placed on the EU 

market since 2007 must be equipped with blind spot mirrors under Directive 2003/97/EC. 

46 

 
 
 
 
                                                            
haulage and road passenger transport due to the use of an electronic, 
rather than a paper-based system  

Member State Implementation 

Date of  application 

4 December 2011 

Existing 
legislationImplementation 
reported by Member States 

Regulations (EC) 1071/2009  and (EC) No 1072/2009 provide for the 
establishment of national electronic registers that should simplify 
transmission of information. Member States reported implementation 
difficulties and additional costs for setting up the required IT 
systems. This resulted in the delay of certain social legislation 
relating to its implementation. 

  12 Member States fully implemented the simplification 

requirements (CZ, DE, IE, EL, IT, LV, LT, HU, MT, NL, 
AT, SK); 

  4 Member States implemented the requirements to an 

unknown extent (EE, PT, SL, UK) while 1 Member State did 
not fully implement the simplification requirment (ES); 

  3 Member States did not implement the electronic system at 

all(BG - to be implemented, DK, SE); 

  2 Member States introduced additional requirements to 

obtain authorisations to engage in road transport amending 
Regulation (EEC) 3821/85 that may lead to an additional 
administrative burden. 

In  five  Member  States  cost  reductions  were  estimated  to  range 
between  2%  and  59%  (IE,  LV,  HU,  SL,  UK),  while  the  initial 
estimation by the Commission predicted saving in the range of 56%. 

Recording Equipment in Road Transport 

Existing legislation 

Regulation  (EC)  No  561/2006  of  15  March  2006  on 
the 
harmonisation  of  certain  social  legislation  relating  to  road  transport 
amending  Regulation  (EEC)  3821/85  of  20  December  1985 
introducing and simplifying the use of digital tachographs. 

Council  Regulation  (EEC)  No  3821/85  of  20  December  1985  on 
recording equipment in road transport 

Status 

It applies with effect from 11 April 2007: 

Regulation (EC) No 561/2006 has been amended by Regulation (EU) 
No  165/2014  of  the  European  Parliament  and  of  the  Council  of  4 
February  2015  of  tachographs  in  road  transport  (OJ  L  60  of 
28.02.2014, p. 1) with effect from 2 March 2015, reducing the scope 
of vehicles which are required to be equipped with a tachograph. 

Council Regulation (EEC) No 3821/85 will be repealed and replaced 
by Regulation (EU) No 165/2014 applicable as of 2 March 2015.  

47 

 
 
Main objectives of the 
initiative 

Main REFIT objectives 

  Enhanceing road safety and drivers’ working conditions (by 
ensuring  better  compliance  with  rules  on  driving  times  and 
rest  periods);  also  create  equal  conditions  of  competition 
between transport companies 

  Preventing  fraud (by detecting  and  preventing  abuses of the 

system); and 

  Reducing 

the  administrative  burden 

related 

to 

the 

tachograph’s use. 

Reducing the administrative burden related to the use of the 
tachograph by introducing the digital tachograph and simplifying and 
streamlining its application. 

Member State Implementation 

Date of  application 

11 April 2007 

Existing 
legislationImplementation 
reported by Member States 

  14 Member States fully implemented the provisions on the 
digital tachographs (BG, CZ, DK, IE, El, CY, LV, HU, Mt, 
AT, PT, SL, FI, UK), for 5 Member States the degree of 
implementation is unclear (DE, ES, LT, NL, SE), while 3 did 
not implement the provisions; 

  2 Member States introduced additional requirements that 
may lead to an additional administrative burden(DK, ES). 

In  five  Member  States  cost  reductions  were  estimated  to  range 
between  2%  and  56%  (CZ,  DK,  Es,  PT,  FI),  while  the  initial 
estimation by the Commission predicted saving in the range of 77%.  

48 

 
 
 
Abolition of discrimination in transport rates and conditions 

Existing legislation 

Council  Regulation  (EC)  No  569/2008  of  12  June  2008  amending 
Regulation  No  11  concerning  the  abolition  of  discrimination  in 
transport rates and conditions, in implementation of Article 79(3) of 
the Treaty establishing the European Economic Community 

Status 

It applies with effect from 20 June 2008. 

Main objectives of the 
initiative 

To  ensure  equal  and  transparent  market  conditions  for  transport 
operators,  to  avoid  market  disturbance  and  to  facilitate  controls  by 
requiring specific evidence to be on board. 

Main REFIT objectives 

the 
To  mainstream 
administrative procedures and costs by: 

internal 

transport  market  and 

reduce 

  Abolition of notification of transport tariffs 

  Alleviating the obligation to keep documentary evidence on 

board 

Member State Implementation 

Date of application 

20 June 2008 

Implementation reported 
by Member States 

The Regulation provides two simplifications for aspects related to 
notifications of transport tariffs and documentation. 

  2 Member States fully implemented the simplification 

requirements (HU, SL); 

  5 Member States implemented the requirements to an 

unknown extent (EE, IT, NL, SK, UK); 

  6 Member States did not implement the requirements ( CZ, 
DE, ES, CY, LV, LT), of which 3 were mentioning the 
absence of transport tariffs in their country (DE, CY, LV). 

In five Member States cost reductions were estimated to range 
between 2% and 75% (HU, NL, SL, SK, UK), while the initial 
estimation by the Commission predicted saving in the range of 27%.  

Evaluations and Fitness Checks: 

Safety Rules and Standards for Passenger Ships 

Scope 

Fitness Check  of: 

  Directive  2009/45/EC  of  the  European  Parliament  and  of  the 
Council of 6 May 2009 on safety rules and standards for passenger 
ships 

49 

 
 
  Directive  2003/25/EC  on  specific  stability  requirements  for  ro-ro 

passenger ships  

  Directive  1999/35/EC  on  a  system  of  mandatory  surveys  for  the 
safe operation of regular ro-ro ferry and high-speed passenger craft 
services 

  Directive  1998/41/EC  on  the  registration  of  persons  sailing  on 
board  passenger  ships  operating  to  or  from  ports  of  the  Member 
States of the Community 

Status 

Ongoing and planned to be finalised in Q2 2015. 

Combined Transport 

Scope 

Evaluation  of  Council  Directive  92/106/EEC  of  7  December  1992  on 
the  establishment  of  common  rules  for  certain  types  of  combined 
transport of goods between Member States 

Status 

Ongoing and planned to be finalised in Q3 2015. 

Tunnel Safety 

Scope 

Evaluation of Directive 2004/54/EC of the European Parliament and of 
the  Council  of  29  April  2004  on  minimum  safety  requirements  for 
tunnels in the Trans-European Road Network 

Status 

Ongoing and planned to be finalised in Q2 2015. 

Promotion of Clean and Energy-efficient Road Transport Vehicles 

Scope  

Status 

Evaluation of Directive 2009/33/EC of the European Parliament and of 
the  Council  of  23  April  2009  on  the  promotion  of  clean  and  energy-
efficient road transport vehicles  

Ongoing and planned to be finalised by Q3 2015.  

legal  concerns  have  been  raised  vis-à-vis 

Since 
the  possible 
repercussions  of  a  repeal  of  this  Directive  on  horizontal  public 
procurement legislation, an evaluation is being conducted to determine 
the further course of action.  A revision of the Directive is foreseen for 
2017 in the Energy Union Communication “A Framework Strategy for 
a  Resilient  Energy  Union  with  a  Forward-Looking  Climate  Change 
Policy”  

Port Reception Facilities 

Scope  

Evaluation of Directive 2000/59/EC on port reception facilities 

50 

 
 
 
 
 
Status 

Ongoing and planned to be finalised Q2 2015. 

Training, Qualification, Licensing in Road Transport 

Scope 

Status 

Results 

Evaluation  of  Directive  2003/59/EC  on  the  initial  qualification  and 
periodic  training  of  drivers  of  certain  road  vehicles  for  the  carriage  of 
goods and passengers 

Evaluation finalised in October 2014. 

The  Directive  was  implemented  without  major  problems,  its  scope 
remains relevant and sufficient to ensure increased road safety and level 
playing  field.  However,  the  Directive  was  only  partially  effective 
ensuring free movement of drivers given the difficulties of recognition 
of  training  undergone  in  different  countries. In  addition,  provisions  on 
topics,  duration  and  frequency  for  the  training  and  testing  are  only 
partially relevant to ensure road safety. Due to the lack  of prospect to 
receive  a  recognized  diploma  at  the  end  of  the  training  and  due  to 
additional training and financial burden the attractiveness of the  sector 
was  not  improved.  Standards  for  professional  competence  need  to  be 
defined. 

Access to Road Transport 

Scope 

Evaluation of Regulations (EC) 1071/2009 on access to the occupation 
of road transport operator and 1072/2009 on common rules for access to 
the international road haulage market  

The evaluation will identify the provisions of Regulations (EC) No 
1071/2009 and 1072/2009 which need simplification and clarification 
with a view toachieving  a more uniform application across the EU. 

Possible improvements could reduce the administrative burden both for 
public authorities and private operators. It will be examined whether the 
duration of checks is too long, as they are insufficiently targeted and 
whether control provisions are applied in a sufficiently uniform way 
throughout the EU. 

Status 

Ongoing and planned to be finalised Q3 2015 

51 

 
 
 
 
7. 

COMMUNICATIONS NETWORKS, CONTENT AND TECHNOLOGY 

1.  Smart regulation activity and simplification efforts  

Copyright  of  musical  works  for  online  use  in  the  internal  market23:  Exemptions  for  micro-
companies for setting up a supervisory function and for certain financial reporting obligations 
were removed by the legislator. 

Legislative  discussions  on  the  proposal  for  Network  and  Information  Security  lead  to  the 
reduction in scope of an exemption for microenterprises from certain security and notification 
requirements originally proposed by the Commission. 

The evaluation of the Audiovisual Media Services Directive will be carried out in conjunction 
with a new proposal in this area included in the CWP 2015. In addition, the evaluation of the 
regulatory  framework  for  electronic  communications  networks  and  services  will  start  this 
year. 

In  response to  the call  from the March 2013 European Council  for the creation of a Digital 
Single Market, the Commission proposed a legislative package for a "Connected Continent: 
Building  a  Telecoms  Single  Market"24.  It  includes  a  proposal  for  a  regulation  laying  down 
measures  concerning  the  European  single  market  for  electronic  communications.  The 
proposal  is  entering  a  critical  phase  of  negotiation/trilogues  between  the  co-legislators 
essentially on the roaming and Net Neutrality components.  

In May 2014, co-legislators adopted Directive 2014/61/EU25 on measures to reduce the cost of 
deploying  high  speed  electronic  communication  infrastructures,  which  has  significant 
potential for simplifying rules and reducing deployment costs.  

A pilot Community of Practice for better self- and co-regulation was established in July 2013 
in order to promote, experience and improve the principles for better self- and co-regulation, 
support  capacity-building  in  the  use  of  the  above  principles  and  foster  the  culture  of  good 
practice in the use of self- and co-regulation by sharing experience. The conclusions indicate 
that  these  elements  should  already  be  included  at  an  early  phase  in  any  assessment  of    the 
need  for  legislation  at  EU  level.  The  principles  for  better  self-  and  co-regulation26  are  now 
referred  to  in  the  impact  assessment  guidelines.  An  interactive  web-based  platform  hosts  a 
library, the information about the plenary meetings and a forum27. 

23 Directive 2014/26/EU on collective management of copyright and related rights and multi-territorial licensing 

of rights in musical works for online use in the internal market.  

24 Communication from the Commission to the European Parliament, the Council, the European Economic and 
Social Committee and the Committee of the Regions on the Telecommunications Single Market Brussels of 
11 September 2013 - COM(2013) 634 final 

25 Directive 2014/61/EU of the European Parliament and of the Council of 15 May 2014 on measures to reduce 

the cost of deploying high-speed electronic communications networks Text with EEA relevance 

26 https://ec.europa.eu/digital-agenda/principles-better-self-and-co-regulation-1 

27http://ec.europa.eu/digital-agenda/en/community-practice-better-self-and-co-regulation-0 

52 

 
                                                            
A study to measure the potential and impact of Information and Communication Technologies 
(ICT) across policy areas to optimise legislative processes and outcomes was finished in April 
2014.  The  aim  of  the  study28  is  to  help  policymakers  better  understand  the  effects  of  the 
Internet  in  policy  areas  for  which  they  are  responsible  and  assess  the  potential  long  term 
effects  of  online  factors  on  existing  regulatory  environments.  The  main  idea  is  to  place 
Internet at the heart of the EU policy cycle by further integrating the Internet as a medium, 
content and approach  into the REFIT agenda, thereby bringing  together  the necessary  - and 
existing tools - for Adaptive Governance and Internet-Inclusive Legislation.  

2.  Scoreboard 

Legislative ActionsActions 

Network and Information Security 

Existing/Proposed 
legislation 

Proposal  for  a  Directive  of  the  European  Parliament  and  the  Council 
concerning  measures  to  ensure  a  high  common  level  of  network  and 
information security across the Union. 

Status 

Proposal from the Commission of 7 February 2013 - COM(2013) 48  

Main objectives of the 
initiative 

Main REFIT objectives 

 The aim of the Directive is to reinforce cyber-security in the Union by 
ensuring  that  all  Member  States  have  minimum  capabilities  and  a 
strategy  for  a  high  level  of  NIS  in  their  terittory,  and  developing  the 
cooperation  between  competent  authorities  through  the  creation  of  a 
network between national authorities and the Commission. 
The proposal includes an exemption for micro-enterprises. 

Under  Article  14(8),  microenterprises  (as  defined  in  Commission 
Recommendation  2003/361/EC)  are  exempted  from  the  security  and 
notification  requirements  under  Article  14(1)  and  14(2),  ),  which 
provide that public administrations and market operators  

 

take  appropriate  technical  and  organisational  measures  to  manage 
the  risks  posed  to  the  security  of  the  networks  and  information 
systems which they control and use in their operations; and 

  notify  to  the  competent  authority  incidents  having  a  significant 

impact on the security of the core services they provide 

Amendments to REFIT objectives by co-legislator 

28  Putting  the  IC  into  'Policy'  –  Strategic  analysis  for  optimising  the  role  of  ICT  in  EU  policy  delivery: 

http://ec.europa.eu/digital-agenda/futurium/en/content/draft-report-putting-ic-
%E2%80%98policy%E2%80%99-strategic-analysis-optimising-role-ict-eu-policy-delivery  

53 

 
                                                            
EP position regarding 
main REFIT objectives 

Council position 
regarding main REFIT 
objectives 

Assessment of final 
outcome regarding main 
REFIT objectives 

Copyright 

Existing legislation 

Parliament  proposes  to  reduce  the  scope  of  the  microenterprise 
exemption in Article 14(8) slightly (see text underlined): "Paragraphs 1 
and  2  shall  not  apply  to  microenterprises  as  defined  in  Commission 
Recommendation  2003/361/EC  of  6  May  2003  concerning  the 
definition  of  micro,  small  and  medium-sized  enterprises,  unless  the 
microenterprise  acts  as  subsidiary  for  a  market  operator  as  defined  in 
point (b) of Article 3(8)".  

The  Council  proposes  to  delete  Article  14(8)  as  part  of  its  overall 
approach  to  the  scope  of  the  Directive.  According  to  this  approach, 
Member  States  would  identify,  for  all  the  sectors  listed  in  Annex  II, 
which  entities  on  their  territory  meet  the  definition  of  "operator",  by 
assessing them against certain criteria set out in Article 3(8) [Council's 
definition of "operator"]. 

Not yet applicable as this stage in the procedure has not been reached. 

Directive on collective management of copyright and related rights and 
multi-territorial  licensing  of  rights  in  musical  works  for  online  use  in 
the internal market 

Status 

Adopted  in  legislative  procedure  on  26  February  2014  -  Directive 
2014/26/EU  

Main objectives of the 
initiative 

The  Directive  will  ensure 
the  better  governance  and  greater 
transparency of collective rights management on behalf of rightholders. 
It  will  also  facilitate  the  multi-territorial  licensing  of  online  rights  of 
authors in musical works by collective management organisations and 
make it easier for online service providers to obtain such licences. 

Main REFIT objectives  Micro  exemption  was  proposed  for  setting  up  a  supervisory  function 
and for certain financial reporting obligations. 

Amendments to REFIT objectives by co-legislator 

EP Position 

Parliament suggested the removal of micro exemptions as Copyright 
Management Organisations manage rightsholders' financial interests 
and transparency and control should be ensured in all cases. 

Council Position 

Council supported this position. 

Assessment of final 
outcome 

The exemption for micro-companies proposed by the Commission 
was removed by the legislator. 

Member State Implementation 

Date of application 

10 April 2016 

54 

 
 
Implementation 
reported by Member 
States 

No data available yet.  

Evaluations: 

Audiovisual Media Services Directive 

Scope 

Evaluation of Directive 2010/13/EU of the European Parliament and of 
the Council of 10 March 2010 on the coordination of certain provisions 
laid down by law, regulation or administrative action in Member States 
concerning  the  provision  of  audiovisual  media  services  (Audiovisual 
Media Services Directive). 

  The Commission has launched a study to assess whether rules 
on  audiovisual  commercial  communication  for  alcoholic 
beverages  have  afforded  minors  the  level  of  protection 
required,  and  thereby  contribute  to  the  Audiovisual  Media 
Services Directive's regulatory fitness; 

  Furthermore,  a  study  has  been  launched  to  assess  the 
effectiveness  and  efficiency  of  co-  and  self-regulationaspects 
in  promoting  effective  implementation  of  the  Audiovisual 
Media  Services  Directive,  to  show  the  extent  to  which  these 
mechanisms  can  reduce  regulatory  complexity  while  ensuring 
that objectives are met. 

  A study on self-regulation will review existing self-regulation 
approaches  in  a  range  of  Member  States  and  provide 
information  and  relevant  evidence  of  existing  schemes  and 
their effectiveness. 

  A  study  on  standardisation  will  collect  data  on  the  different 
standards  for  TV  sets  which  have  Internet  connectivity. 
Furthermore, 
industry 
specification requirements and the cost of adapting them. The 
reasons for applying diverging standards will be explored and 
the need for further research in the sector outlined, with a view 
to overcoming fragmentation challenges. 

it  will  document  national  and 

  Finally, a study on advertising monitoring will identify criteria 
(including  economic  impact,  policy  relevance,  infringement 
risks  etc.)  in  order  to  select  the  topics  and  rules  requiring 
monitoring  in  the  Member  States  for  compliance  with  the 
AVMSD advertising rules. It will also provide an overview of 
monitoring  by  national  regulatory  auhtorities  and  ascertain 
whether  those  monitoring  practices  led  to  decisions  on 
remedies. 

Status 

Ongoing and expected to be finalised in 2015. 

Regulatory Framework for electronic communications networks and 

55 

 
 
 
services 

Scope 

Evaluation of the regulatory framework for electronic communications 
networks  and  services  (EP  and  Council  Directives  2002/19/EC, 
2002/20/EC,  2002/21/EC,  2002/22/EC  as  amended  by  Directive 
2009/140/EC and 2009/136/EC). 

The  Commission  Work  Programme  2015  identifies  the  work  on  the 
Digital Single Market as a key priority for the Commission. Ensuring 
access  and  connectivity,  not  least  via  a  reform  of  the  regulatory 
framework for electronic communications, will be a major pillar of this 
work.  Evaluating  the  functioning  of  the  regulatory  framework  is 
therefore essential. 

The review of the regulatory framework will build on the outcome of 
the Connected Continent legislative work, as well as on studies; it will 
involve a broad stakeholder consultation. 

Status 

Expected to start in 2015. 

Directive on Privacy and Electronic Communications  

Scope 

Status 

Directive  2002/58/EC  concerning  the  processing  of  personal  data  and 
the  protection  of  privacy  in  the  electronic  communications  sector 
(ePrivacy Directive) 

Expected  to  start  subsequent  to  agreement  on  the  Data  Protection 
Reform proposal by the Commission. 

56 

 
 
 
 
8. 

ENERGY 

1.  Smart regulation activity and simplification efforts 

The  proposal  for  the  establishment  of  a  common  European  system  for  the  registration  and 
authorisation  for  carriers  of  radioactive  substances  simplifying  existing  national  rules  was 
withdrawn  by  the  Commission  in  March  2015  given  insufficient  support  to  the  proposal  by 
Member States. 

Legislation  on  Safety  Standards  for  radiation  protection  has  been  consolidated,  the  new 
simplified rules will apply as of 1 February 2018. 

In 2015, the repeal of obsolete legislation will be proposed as well as the legislative update of 
the modalities of the implementing framework for Articles 41-44 of the EURATOM Treaty so 
as  to  provide  clarity  and  legal  certainty  for  investors  in  the  nuclear  field  as  well  as 
transparency  and  equality  of  treatment.  Additionally,  the  evaluation  of  renewable  energy 
legislation will deliver results. 

The  Commission  adopted  on  25  February  2015  the  Framework  Strategy  for  a  Resilient 
Energy Union with a Forward-Looking Climate Change Policy29. Better Regulation is at the 
core of this Strategy, focusing on the full implementation and strict enforcement of existing 
legislation.  

The  Roadmap  on  the  Energy  Union  Framework  Strategy  of  25  February  201530  foresees 
revision  of  the  Security  of  gas  supply  Regulation31,  of  the  Security  of  electricity  supply 
Directive32, and of the Decision establishing an information exchange mechanism with regard 
to intergovernmental agreements (IGAs)33. 

The  Roadmap  also  comprises  the  review  of  the  energy  efficiency  framework  for  products 
(2015), the review of the Energy Efficiency Directive (2016) and the review of the Directive 
on Energy Performance of Buildings (2016).  

Following the Commission's Communication on the 2030 Framework for Climate and Energy 
of  22  January  201434,  the  European  Council  approved  on  24  October  2014  the  2030 

29 Communication from the Commission to the European Parliament, the Council, the European Economic and 
Social Committee and the Committee of the Regions and the European Investment Bank on "A Framework 
Strategy  for  a  Resilient  Energy  Union  with  a  Forward-Looking  Climate  Change  Policy  –  COM/2015/080 
final 

30 Communication from the Commission to the European Parliament, the Council, the European Economic and 
Social Committee and the Committee of the Regions and the European Investment Bank on "A Framework 
Strategy  for  a  Resilient  Energy  Union  with  a  Forward-Looking  Climate  Change  Policy  –  COM/2015/080 
final – Annex 1 

31  Regulation  (EU) No  994/2010 of  20 October 2011  concerning  measures  to  safeguard  security of  gas  supply 

and repealing Council Directive 2004/67/EC 

32   Directive  2005/89/EC  of  the  European  Parliament  and  the  Council  of  18  January  2006  concerning  the 

measures to safeguard security of electricity supply and infrastructure investment. 

33  Decision  994/2012/EU  of  the  European  Parliament  and  the  Council  of  25  October  2012  establishing  an 
information exchange mechanism with regard to intergovernmental agreements between Member States and 
third countries in the field of energy 

34 Communication from the Commission to the European Parliament, the Council, the European Economic and 
Social Committee and the Committee of the Regions on "A policy framework for climate and energy in the 
period from 2020 to 2030" of 22 January 2014 – COM(2014)015 final 

57 

 
                                                            
Framework for Climate and Energy with three targets and one infrastructure objective to be 
met by 2030 with the energy efficiency target to be reviewed by 2020 having in mind 30% of 
energy savings. The European Council also agreed and confirmed on the 19 of March 2015 
the  development  of  a  reliable  and  transparent  governance  system  without  additional 
administrative  burden  in  order  to  help  ensure  that  the  EU  meets  its  energy  policy  goals. 
Against  this  background,  the  Commission  intends  to  evaluate  the  options  for  streamlining 
planning and reporting obligations in the post-2020 period. 

2.  Scoreboard 

Legislative Actions 

Regulation of the Supply Agency of the European Atomic Energy 
Community 

Existing/Proposed 
legislation 

Legislative  update  of  the  Regulation  of  the  Supply  Agency  of  the 
European  Atomic  Energy Community of 5 May 1960 determining  the 
manner in which demand is to be balanced against the supply of ores, 
materials 
source 
materials 
(OJ P 032 11/05/1960 p. 0777-0779, 
and 
OJ L 193 25/07/1975 p. 0037-0038) 

special 

fissile 

and 

Initial proposals to be discussed in the ESA Advisory Committee on 28 
April 2015. 

Pursuant to Art. 60 (sixth subparagraph) of the Euratom Treaty, ESA's 
rules are issued by the Agency, subject to approval by the Commission. 
Before  such  a  Decision  is  taken,  the  Advisory  Committee  of  the 
Agency  "shall  be  consulted  and  convened"  [Art.  13,  (3),  (a)  of  the 
Agency's Statutes]. 

Status 

Under preparation 

Main objectives of the 
initiatives 

The existing Rules of the Supply Agency have not been modified since 
1975,  and  therefore  it  is  necessary  to  update  and  clarify  them  to  take 
into account changes in the functioning of the nuclear fuel market. The 
existing Rules would be repealed and replaced. 

Main REFIT objectives  Simplification  aspects  include  the  extension  of  the  application  of  
simplified  contract  procedures  from  natural  uranium  to  also  special 
fissile materials. 

Amendments by co-legislator  

Not yet applicable as this stage in the procedure has not yet been reached 

Safety Standards for Radiation Protection 

Existing/Proposed 
legislation 

Council  Directive  2013/59/EURATOM  laying  down  basic  safety 
standards  for  protection  against  the  dangers  arising  from  exposure  to 

58 

 
 
 
 
ionising radiation, adopted by the legislator on 5 December 2013  

Status 

Adopted  in  legislative  procedure  on  5  December  2013  –  Council 
Directive 2013/59/EURATOM 

Main objectives of the 
initiative 

Modernisation  of  the  European  Basic  Safety  Standards  in  radiation 
protection  by  taking  account  of  the  latest  scientific  knowledge  and 
technological  progress,  as  well  as  of  operational  experience  with 
current  legislation,  and  consolidating    the  existing  acquis  of  Euratom 
radiation  protection  legislation  into  one  single  piece  of  legislation, 
merging  five  Directives  and  upgrading  a  recommendation  to  become 
legally binding. 

Main REFIT objectives  Merging  of  five  Directives  to  improve  the  coherence  of  Euratom 
legislation.  The  proposal  further  improves  the  clarity  of  the  text  and 
ensures better operational implementation of the requirements. 

The new BSS Directive offers now in a single document and a coherent 
and consistent set of definitions and requirements for the protection of 
workers, patients and members of the public. 

Amendments by co-legislator 

EP position regarding 
main REFIT objectives 

Parliament  recognised  the  importance  of  establishing  basic  safety 
standards  for  the  protection  against  dangers  arising  from  exposure  to 
ionising  radiation  and  welcomed  the  Commission  proposal,  including 
the underlying REFIT objectives. 

Council position 
regarding main REFIT 
objectives 

The Council agreed on 29 May 2013 on a compromise text, leaving the 
REFIT objectives intact.  

Assessment of final 
outcome  

The  REFIT  objectives  (simplification  through  consolidation) 
proposed by the Commission have been fully adopted. 

Member State Implementation 

Date of  application 

1 February 2018 

Implementation 
reported by Member 
States 

No data available yet.  

Repeals 

Community target for a reduction in the consumption of primary 
sources of energy 

59 

 
 
Existing/Proposed 
legislation 

Repeal  of  Council  Decision  of  7  November  1977  on  the  setting  of  a 
Community  target  for  a  reduction  in  the  consumption  of  primary 
sources of energy in the event of difficulties in the supply of crude oil 
and petroleum products, and of Commission Decision of 15 June 1979 
laying down detailed rules for the implementation of Council Decision 
77/706/EEC 

Status 

Repealed by Council Decision (EU) 2015/632 

Main objectives of the 
initiative 

The  Decision  is  outdated  as  today  the  release  of  emergency  stocks  is 
generally considered as the main response tool in case of an oil supply 
disruption  –    it  can  replace  the  missing  volumes  quickly  and  without 
disturbing the economic activity of the EU and the life of its citizens. 
The new Oil Stocks Directive (adopted 2009  – all provisions in force 
since 2013) covers emergency stocks and also requires Member States 
to have procedures in place to impose  restrictions on consumption. 

Main REFIT objectives  The implementing Commission Decision specifies a rather complicated 
calculation  methodology,  allowing  the  reallocation  among  Member 
States, and also foresees a reporting for this purpose. Accordingly, the 
proposed repeal reduces administrative burdens to Member States. 

Amendments by co-legislator  

Not involved in this procedure. 

The Council left the REFIT objectives intact.  

EP position regarding 
main REFIT objectives 

Council position 
regarding main REFIT 
objectives 

Assessment of final 
outcome  

The  REFIT  objectives  (reduction  of  administrative  burden) 
proposed by the Commission have been fully adopted. 

Energy labelling acts 

Existing/Proposed 
legislation 

Repeal of: 

  Directive  2003/66  amending  Directive  94/2/EC  implementing 
Council  Directive  92/75/EEC  with  regard  to  energy  labelling  of 
household electric refrigerators, freezers and their combinations; 

  Directive  1999/9  amending  Directive  97/17/EC  implementing 
Council  Directive  92/75/EEC  with  regard  to  energy  labelling  of 
household dishwashers; 

  Directive  96/89  amending  Directive  95/12/EC  implementing 
Council  Directive  92/75/EEC  with  regard  to  energy  labelling  of 
household washing machines. 

Status 

Under  preparation,  pending  adoption  by  the  Commission  during  first 
semester 2015. 

60 

 
 
Main objectives of the 
initiative 

The  acts  have  become  obsolete  as  they  were  amending  older 
Commission Directives which have been repealed in the past. 

Amendments by co-legislator  

Not yet applicable as this stage in the procedure has not yet been reached. 

Evaluations and Fitness Checks: 

Renewable Energy* 

Scope 

Evaluation of Directive 2009/28/EC of the European Parliament and of 
the  Council  of  23  April  2009  on  the  promotion  of  the  use  of  energy 
from  renewable  sources  and  amending  and  subsequently  repealing 
Directives 2001/77/EC and 2003/30/EC 

Status 

Planned to be finalised in Q2 2015. 

61 

 
 
 
9. 

EMPLOYMENT AND SOCIAL AFFAIRS 

1.  Smart regulation activity and simplification efforts 

A proposal to  consolidate legislation in  the area of information and consultation  of workers 
could be prepared depending on the outcome of the first stage consultation of social partners 
launched on 10 April 2015. A proposal to clarify and simplify legislation on working time is 
under consideration.  

An  enforcement  Directive  for  posting  of  workers  has  entered  into  force  in  June  2014  to  be 
implemented by Member States by June 2016. In comparison with the original Commission 
proposal,  the  final  text  of  the  Directive  agreed  by  the  co-legislator  contains  a  number  of 
modifications increasing administrative burden on companies and imposing a number of new 
obligations  on  public  authorities.  As  regards  Directive  96/71/EC  on  posting  of  workers,  a 
targeted Review is foreseen in 2015 as part of the Labour Mobility Package. 

The evaluation of Directive 2008/104/EC on temporary agency work identified that Member 
States continue to apply derogations from the principle of equal treatment and maintain most 
restrictions  and  prohibitions  on  the  use  of  agency  work.  Some  employers  identified  costs 
linked  to  the  insufficient  transposition  of  the  Directive.  The  Commisison  will  work  with 
Member States to ensure proper implementation of the Directive on temporary agency work. 

Evaluations are ongoing in the area of part-time and fixed-term work,, information obligations 
for  employers  in  employment  contracts  and  safety  and  health  at  work  and  will  deliver  their 
results  in  2015  and  2016.  Moreover,  an  evaluation  of  the  2009  European  Works  Council 
Recast Directive (Directive (EC) No 38/2009) will be launched in 2015.The Treaty requires 
that directives in the social field avoid imposing administrative, financial and legal constraints 
in  a  way  which  would  hold  back  the  creation  and  development  of  small  and  medium-sized 
undertakings  (Art.  153(2)  (b)  TFEU).  Furthermore,  the  possibility  for  lighter  regimes  for 
small  and  medium-sized  enterprises  (SMEs)  are  included  in  some  directives,  for  example 
regarding  Health  and  Safety  risk  assessment  documentation  (Framework  Directive 
89/391/EEC).  

2.  Scoreboard 

Legislative Initiatives: 

Information and consultation of workers 

Existing/Proposed 
legislation 

Possible  codification/recast  of 
the  area  of 
information and consultation of workers  taking into account the results 
of a consultation of social partners. 

three  Directives 

in 

  Directive  2002/14/EC  of  the  European  Parliament  and  of  the 
Council  of  11  March  2002  establishing  a  general  framework 
for  informing  and  consulting  employees  in  the  European 
Community 

  Council  Directive  98/59/EC  of  20  July  1998  on 

the 
approximation  of  the  laws  of  the  Member  States  relating  to 
collective redundancies 

  Council  Directive  2001/23/EC  of  12  March  2001  on  the 

62 

 
 
approximation of the laws of the Member States relating to the 
safeguarding  of  employees'  rights  in  the  event  of  transfers  of 
undertakings, businesses or parts of undertakings or businesses 

Status 

Under preparation  

Fitness  check  completed.  First  stage  consultation  of  social  partners 
launched on 10/04/2015. 

Main objectives of the 
initiative 

Taking  into  account  the  results  of  the  social  partner's  consultation,  a 
codification/recast of 3 Information and Consultation directives would 
improve the coherence of definitions in these directives. 

Main REFIT objectives  Consolidation  recast  to  make  EU  law  simpler,  more  accessible  and 

more readable improving thus awareness and compliance.  

Standardized definitions are likely to render the application of EU law 
in  this  field  easier  and  contribute  to  a  more  effective  exercise  of  the 
rights and obligations of all actors concerned. 

Amendments by co-legislator 
Not yet applicable as this stage in the procedure as not yet been reached. 

Working time* 

Existing/Proposed 
legislation 

Proposal to amend Directive 2003/88/EC concerning certain aspects of 
the organisation of working time 

Status 

Under consideration. 

Main objectives of the 
initiative 

The proposal by the Commission is scheduled for 2016. 

The  preparatory  work  envisages  to  clarify  and  simplify  the  legal 
framework  on  working  time,  to  update  the  rules  to  accommodate 
challenges  arising  from  new  working  patterns  and  to  continue  to 
provide appropriate health and safety protection of workers, also taking 
into account the objective of better reconciliation of work and private 
life.   

Main REFIT objectives   Clearer  and  simpler  rules  will  be  easier  to  understand  and  apply  by 

workers and employers, including SMEs and public services.  

Amendments to REFIT objectives by co-legislator 
Not yet applicable as this stage in the procedure as not yet been reached. 

Posting of workers* 

Existing/Proposed 
legislation 

Directive  2014/67/EU  of  the  European  Parliament  and  of  the  Council 
of 15 May 2014 on the enforcement of Directive 96/71/EC concerning 
the  posting  of  workers  in  the  framework  of  the  provision  of  services 
and  amending  Regulation  (EU)  No  1024/2012  on  administrative 

63 

 
 
 
cooperation through the Internal Market Information System (‘the IMI 
Regulation’  sets  out  a  range  of  new  measures  to  improve  the 
implementation,  application  and  enforcement  in  practice  of  Directive 
96/71/EC.).  

Status 

Implementation by Member States 

Adopted  in  legislative  procedure  on  15  May  2014  -  Directive 
2014/67/EU 

Main objectives of the 
initiative 

The  proposal  aims  to  ensure  more  effective  protection  of  workers, 
increased  legal  certainty  and  transparency  for  service  providers  thus 
facilitating  cross-border  service  provision  and  building  up  confidence 
in the Single Market. 

Main REFIT objectives  The proposal aimed at simplifying application and enforcement of the 
existing  legal  framework,  SMEs  will  benefit  from  better  enforcement 
and level playing field and fairer competition. 

The proposal included the following elements: 

  make 

the 

information  on 

terms  and  conditions  of 
the 
employment generally available in a "clear, comprehensive and 
easily accessible way" and in several languages; 

  Codification  of  existing  case  law  by  providing  an  exhaustive 
list  of  national  control  measures  Member  States  may  impose 
on  posting  businesses,  including  for  instance,  a  list  of 
documents that service providers can be required to keep at the 
work place; 

  Requirement  that  inspections  should  primarily  be  based  on 
regularly  drawn  up  risk  assessments,  thus  making  inspections 
more  effective  and  reduce  costs  for  companies  in  non-risk 
sectors; 

 

Introduction of a limited system of joint and several liability in 
subcontracting  chains  in  the  construction  sector.  In  order  to 
reduce the possible impact on businesses,  in particular SMEs, 
companies  who  had  undertaken  due  diligence  should  not  be 
held liable.  

The proposal included obligations for Member States to:  

  provide information requested by another MS in the context of 
administrative cooperation within short deadlines (24 hours or 
at the latest within 2 weeks);  

 

ensure  that  the  procedures  and  formalities  relating  to  the 
posting of workers can be completed easily by undertakings, at 
a  distance  and  by  electronic  means  to  limit  the  administrative 
burden on companies. 

Date of application 

Directive  2014/67/EU  of  the  European  Parliament  and  of  the  Council 
of 15 May 2014 on the enforcement of Directive 96/71/EC concerning 
the  posting  of  workers  in  the  framework  of  the  provision  of  services 
and  amending  Regulation  (EU)  No  1024/2012  on  administrative 

64 

 
EP Position 

Council Position 

cooperation through the Internal Market Information System (‘the IMI 
Regulation’  sets  out  a  range  of  new  measures  to  improve  the 
implementation,  application  and  enforcement  in  practice  of  Directive 
96/71/EC.  The  deadline  for  Member  States 
the 
Enforcement Directive into national law is 18 June 2016. 

transpose 

to 

Amendments to REFIT objectives by co-legislator 

requiring 

strengthened 

simplification  by 

the 
Parliament 
information  on  applicable  terms  and  conditions  would  be  generally 
available  on  a  single  national  website,  free  of  charge,  in  English  and 
the national language of the Member State of origin of the worker and 
service  provider  or  upon  request  in  other  official  languages  of  the 
Union, and by requiring the establishment of contact points or indicate 
other bodies or authorities to which workers and undertakings can turn 
for information, advice and support. 

that 

On  the  other  hand,  Parliament  favoured  the  introduction  of  a 
mandatory, unconditional subcontracting liability, regardless of sector, 
throughout  the  whole  chain  of  possible  subcontractors,  without  any 
to  due  diligence,  for  all  Member  States.  Moreover, 
reference 
Parliament  amendments  envisaged  as  primary  tool  for  administrative 
cooperation  the  use  of  bilateral  agreements  (instead  of  the  Internal 
Market Information System –'IMI'-). 

With  respect  to  administrative  requirements  and  control  measures, 
Parliament  supported  an  open  list,  while  making  a  number  of  them 
mandatory  including  the  obligation  on  businesses  to  submit  a 
declaration  five  working  days  prior  to  the  commencement  of  the 
service provision, as well as an obligation to keep a number of social 
documents,  such  as  work  and  residence  permits  for  any  third-country 
nationals  and  occupational  health  and  safety  risk  assessments,  at  the 
work place in the host Member State.  

The following requirementswere added: 

  An  obligation  to  translate  the  social  documents  referred  to  in 
one  of  the  official  languages  of  the  Union  that  is  also  an 
official language of the host Member State; 

  An  obligation  to  inform  the  authorities  without  delay  of  any 

subsequent changes; 

  A retention period of 2 years for social documents; 

  Proof of identity of the posted worker. 

With  respect  to  national  control  measures,  the  Council  insisted  that 
Member  States  may  introduce  "other  administrative  requirements  and 
control  measures  should  situations  or  new  developments  arise  from 
which  it  appears  existing  administrative  requirements  and  control 
measures  are  not  sufficient  or  efficient",  provided  that  these  are 
it  added  an  additional 
justified  and  proportionate.  Moreover, 
requirement for companies to designate a contact person to liaise with 
competent authorities and an obligation on Member States to notify the 
Commission  and  inform  services  providers  of  the  control  measures 

65 

 
Assessment of final 
outcome 

they apply. 

As  regards  the  protection  of  workers'  rights  in  subcontracting  chains, 
the agreed text provided that Member States as an alternative to a joint 
and  several  liability  system,  may  take  other  appropriate  enforcement 
measures, in accordance with EU and national law, which enable in a 
direct subcontracting relationship, effective and proportionate sanctions 
against the contractor.  

The Commission's overall REFIT objectives have been reached. 

The  adopted  Directive  contains  a  balanced  package  of  measures 
guaranteeing  a  better  protection  of  posted  workers  and  a  more 
transparent and predictable legal framework for service providers. 
This will clarify and simplify procedures and ensure a better level 
playing field from which all SMEs will benefit. 

In comparison to the original Commission  proposal,  the final text 
of the Directive agreed by the co-legislator does contain a number 
of  modifications  increasing  administrative  burden  on  companies 
and imposing a number of new obligations on public authorities. 

Member State Implementation 

Date of  application 

18 June 2016 

Implementation 
reported by Member 
States 

No data available yet.  

Evaluations: 

Occupational Health and Safety* 

Scope 

Evaluation  of  Council  Directive  89/391/EEC  of  12  June  1989  on  the 
introduction of measures to encourage improvements in the safety and 
health of workers at work and 23 related directives 

Status 

Ongoing. 

Results of evaluation expected by end 2015. 

Temporary-work agencies* 

Scope 

Status 

Results 

Evaluation of Directive 2008/104/EC on temporary agency work 

Finalised in March 2014  

(COM(2014) 176 final and SWD(2014) 108 final of 21 March 2014) 

The report concludes that, while in general Member States seem to 
have  correctly  implemented  the  Directive,  its  goals  have  not  yet 
been  fully  achieved  given  that  Member  States  continue  to  apply 

66 

 
 
 
certain  derogations  from  the  principle  of  equal  treatment  and 
maintain  most  restrictions  and  prohibitions  on  the  use  of  agency 
work.  

As  regards  issues  of  simplification  and  burden  reduction,  most 
Member  States  consider  that  the  Directive  does  not  give  rise  to 
significant  additional  costs  on  national  authorities,  temporary-
work agencies or user companies, including SMEs. For their part, 
employer  organisations  notably  refer  to  costs  linked  to  the 
insufficient transposition of certain provisions of the Directive.     

The report finds that it is not necessary to amend the Directive at 
this  stage.  The  Commission  will  focus  on  ensuring  proper 
implementation and consider appropriate recommendations in the 
frame  work  of  the  European  Semester,  if  the  Commission 
identifies obstacles to growth and competitiveness in its assessment 
of national obstacles to the activity of temporary-work agencies.   

Part-time work and Fixed Term Work 

Scope 

Evaluation  of  Council  Directive  97/81/EC  of  15  December  1997 
concerning the Framework Agreement on part-time work concluded by 
UNICE, CEEP and the ETUC 

Council  Directive  1999/70/EC  of  28  June  1999  concerning  the 
framework  agreement  on  fixed-term  work  concluded  by  ETUC, 
UNICE and CEEP 

Status 

Ongoing and planned to be finalised in 2015. 

Information obligations for employers in relation to employment 
contracts 

Scope 

Evaluation  of  Directive  91/533/EEC  on  an  employer's  obligation  to 
inform  employees  of  the  conditions  applicable  to  the  contract  or 
employment relationship  

Status 

Ongoing and planned to be finalised in 2016. 

67 

 
 
 
 
10. 

ENVIRONMENT35 

1.  Smart regulation activity and simplification efforts  

Under  its  ABR-Plus  Programme,  the  Commission  and  Member  States  worked  together  to 
assess savings to business of measures that had already reached implementation stage. In this 
context the Commission recommendations in the area of shipments of waste have reduced costs 
to business by 70% as estimated by implementing Member States, where an original 50% cost 
reduction was estimated in the ABR-programme. An additional proposal in this area has been 
approved by the co-legislators, opening the possibility for creating an electronic data exchange 
for  waste  shipments  through  secondary  legislation  thereby  further  reducing  administrative 
burden and costs. 

The  legislator  reduced  the  scope  for  simplification  in  a  Directive  on  Environmental  Impact 
Asssessments  adopted  in  April  2014.  This  notably  concerns  limitations  to  the  proposed  one-
stop-shop and the dismissal of specific time-frames which would have improved legal certainty 
for business and will result in a limitation of the expected cost savings. 

Proposals for a Soil Framework Directive and for a Directive on Access to Justice in the area 
of environment were withdrawn on 21 May 2014. 

The  Fitness  Check  of  EU  Waste  Legislation  has  been  concluded  in  June  2014.  The 
Commission  has  withdrawn  a  proposal  on  waste36  in  order  to  replace  it  by  a  new,  more 
ambitious proposal by end 2015 to promote the circular economy. 

Evaluations on Environmental Liability an Infrastructure for Spatial Information and a Fitness 
Check on EMAS and the EU Eco-Label will be concluded in 2015, ten further evaluations are 
planned in the area of environment. 

Environmental policy is scrutinised also in the way that it interacts with the rest of the acquis, 
so as to ensure a sound business environment. Resources make up a significant part of the cost 
base  for  business:  for  example,  the  REFIT  Cumulative  Cost  Assessments  on  the  steel  and 
aluminium sectors show that raw materials make up around 30 to 40 per cent of the sectors' 
cost structures (not including energy costs), whilst environmental policy accounts for around 
1 per cent of the cost of production.  

2.  Scoreboard 

Legislative Actions: 

Shipments of waste* 

35  REACH  is  covered  in  the  chapter  on  Internal  Market,  Industry,  Entrepreneurship  and  SMEs,  however 

responsibility is shared with the area of Environment Policy. 

36  This  concerns:  Proposal  for  a  Directive  of  the  European  Parliament  and  of  the  Council  of  28.10.2014 
amending  Directives  2008/98/EC  on  waste,  94/62/EC  on  packaging  and  packaging  waste,  1999/31/EC  on 
the  landfill  of  waste,  2000/53/EC  on  end-of-life  vehicles,  2006/66/EC  on  batteries  and  accumulators  and 
waste batteries and accumulators, and 2012/19/EU on waste electrical and electronic equipment. 

68 

 
 
 
                                                            
Proposed legislation 

Proposal for a Regulation amending Regulation (EC) No 1013/2006 on 
shipments of waste 

Status 

Adopted  in  legislative  procedure  on  15  May  2014  -  Regulation  (EU) 
No 660/2014 

Main objectives of the 
initiative 

Strengthen  the  provisions  regarding  the  enforcement  of  rules  and 
inspections covered by Regulation (EC) No 1013/2006 with a view to 
ensuring regular and consistent planning of inspections.   

Introduce the possibility for competent authorities in Member States to 
require evidence from waste exporters in order to check the legality of 
shipments.  

The  initiative  should  help  ensure  a  more  uniform  implementation  of 
the  Regulation  with  a  focus  on  problematic  waste  streams,  It  should 
also facilitate the access to raw materials.  

Study  ongoing  regarding  set  up  of  a  unified  electronic  notification 
system. 

Main REFIT objectives   Proposal  of  a  mandatory  electronic  data  interchange  for  waste 
shipments and reduction of administrative burden and costs associated 
with the repatriation of illegal waste shipments. 

Amendments to the REFIT objectives by co-legislator 

EP Position 

Council Position 

Assessment of final 
outcome 

Parliament  proposed  a  mandatory  electronic  data  interchange  for  the 
submission  of  waste  shipment  related  documents,  as  soon  as  the 
relevant technical and organisational requirements have been adopted. 

The  Parliament's  proposal  was  based  on  the  condition  that  such  an 
electronic  data 
the 
Commission's on-going study. 

interchange  has  been  proven  feasible  by 

The  Council  rejected  the  introduction  of  a  mandatory  electronic  data 
interchange  as  Member  States  prefer  to  continue  with  an  optional 
approach. However, the Council proposed that the Commission adopts 
implementing  acts  establishing 
technical  and  organisational 
requirements  for  an  electronic  data  interchange  if  this  proves  to  be 
feasible. 

the 

In  order  to  reach  a  final  agreement,  the  institutions  accepted  the 
position  of 
the  Council  with  some  minor  modifications. 
Administrative burden is potentially increased due to the new right 
of competent authorities to require evidence from waste exporters. 
This improves the likelihood that the environment objectives of the 
measure will be attained, albeit at increased cost. The possibility of 
a system of voluntary electronic exchange of data proposed by the 
Commission  to  reduce  administrative  burden  is  put  back  to  the 
time  when 
the  practical 
the  Commission  can  confirm 
arrangements  for  such  a  system.  The  introduction  of  a  mandary 
system,  supported  by  Parliament,  would  seem  possible  only  after 
the voluntary system had proven its worth. 

Member State Implementation 

69 

 
Date of entry into 
application 

Implementation 
reported by Member 
States 

1 January 2016 

No data available yet.  

Environmental impact assessment (EIA) 

Proposed legislation 

Directive ...../.. of Parliament and of the Council  amending Directive 
2011/92/EU  on  the  assessment  of  the  effects  of  certain  public  and 
private  projects  on  the  environment    adopted  by  the  legislator  on  16 
April 2014. 

Status 

Adopted  in  legislative  procedure  on  16  April  2014  -  Directive 
2014/52/EU. 

Main objectives of the 
initiative 

The Directive on Environmental Impact Assessment aims to provide a 
high  level  of  protection  of  the  environment  and  to  contribute  to  the 
integration  of  environmental  considerations  into  the  preparation  of 
projects,  plans  and  programmes  with  a  view  to  reduce  their 
environmental impact.  

The  Directive  ensures  public  participation  in  decision-making  and 
thereby  strengthens  the  quality  of  decisions.  The  projects  and 
programmes  co-financed  by  the  EU  (Cohesion,  Agricultural  and 
Fisheries  Policies)  have  to  comply  with  the  EIA  Directive  to  receive 
approval for financial assistance. 

Main REFIT objectives   The Directive simplifies the existing procedures mainly through:  

 

 

 

 

the establishment of a mandatory one-stop shop with a view to 
streamlining  the  various  environmental  assessments  (resulting 
from Directives on Nature, water, SEA…).  

the  introduction  of  time-frames  for  specific  stages  of  the  EIA 
process. 

the simplification of the screening process.  

the introduction of mandatory scoping. 

The  above  changes  should  lead  to  direct  administrative  savings  for 
Member States' authorities of € 4.3 to 5.3 million and to developers of 
terms  of 
€  21.4  million, 
competitiveness and internal market and in terms of a decrease in costs 
on delays.  

improve  benefits 

they  would 

in 

Amendments to the REFIT objectives by co-legislator 

EP Position 

Parliament amendments introduced a margin for discretion for Member 
States in creating one-stop shops and rejected mandatory scoping. 

Council Position 

Council  opposed some important elements of the efficiency objective 
of the proposal. In particular: 

70 

 
 
-  Member  States  refused  the  introduction  of  specific  maximum  time-
frames for some steps of the decision-making to be set at EU level. 

-  Member  States  disagreed  with  the  mandatory  character  of  the  one-
stop shop and rejected mandatory scoping. 

Assessment of final 
outcome 

Compared to the proposal, the adopted directive has not retained 
some  important  elements  for  the  efficiency  objective  of  the 
proposal:  

- specific time-frames for some steps of the decision-making to be 
set  at  EU  level  (especially  maximum  time-frames)  could  not  be 
agreed  although  they  would  have  made  the  EIA  process  more 
streamlined  and  efficient  and  would  have  provided  better  legal 
certainty to industry and business; 

-  the  scope  of  the  one-stop  shop  was  limited  to  the  EIA  and  the 
Nature  Directives  (for  other  Directives,  the  one-stop  shop  is  only 
voluntary).  In  addition,  Member  States  have  a  margin  for 
discretion to use the one-stop shop;  

- mandatory scoping was rejected;  

The  direct  administrative  savings  for  authorities  [€  4.3  to  5.3 
million] and developers [€ 21.4 million] are expected to remain.  

Wider  socio-economic  benefits  (in  terms  of  competitiveness, 
internal  market  and  decrease  in  costs  on  delays)  will  be  more 
limited  and  direct  administrative  savings  further  to  the  one-stop 
shop  are  expected  less  than  1%  with  regard  to  the  baseline 
scenario, due to its non-mandatory character. 

Member State Implementation 

Date of  application 

16 May 2017 

Implementation 
reported by Member 
States 

No data available yet.  

WEEE* 

Proposed legislation 

Directive  2012/19  of  the  Parliament  and  of  the  Council    on  waste 
electrical and electronic equipment (WEEE) Adopted by the legislator 
on 4 July 2012   

Status 

It  applies  with  effect  from  14  February  2014  -  Implementation  by 
Member States 

Main objectives of the 
initiative 

The  main  objectives  of  the  Commission  proposal  were  to  improve 
coherence  with  existing  EU  legislation  (e.g.  Waste  Framework 
Directive), to enhance the implementation and enforcement of current 
provisions  in  order  to  achieve  better  results  concerning  especially  the 
collection  of  WEEE  and  to  lessen  the  administrative  burden  on 
businesses.  

71 

 
 
Main REFIT objectives   One of the core objectives of the Commission's WEEE recast proposal 
was the reduction of unnecessary administrative burdens by clarifying 
that producer responsibilities are based on a European approach. In line 
with this, it had proposed one single registration for all EU obligations, 
with interoperability and data-transfer between Member State producer 
registers. 

In line with the objective to reduce unnecessary administrative burdens 
especially  for  SMEs  the  proposal  provided  for  distributors  with  a 
selling  area  below  400  square  metres 
to  be  exempted  from 
requirements to tack-back very small WEEE, though distributors with 
a larger selling area will have such an obligation. 

Amendments to REFIT objectives by co-legislator 

EP Position 

Parliament proposed the introduction of an obligation for nearest stores 
to take back used electronic equipment.  

Council Position 

Assessment of final 
outcome 

Council insisted on a national approach to producer responsibilities. 

Negotiations  between  Parliament,  Council  and  Commission 
resulted in a compromise which contained a national approach to 
producer  obligations  as  demanded  by  the  Council,  however 
coupled  with  harmonisation  elements  on  registration  and 
reporting.  With  these  elements,  the  recast  WEEE  Directive 
2012/19/EU  is  expected  to  cut  unnecessary  burdens  substantially. 
Proportionally, SMEs are presumed to benefit the most. 

While  the  recast  WEEE  Directive  (Article  5(2)c)  foresees  an 
obligation  for  distributors  to  provide  for  the  collection  of  very 
small WEEE, small shops (with a sales surface of up to 400 square 
metres)  are  exempt  from  this  obligation  to  protect  them  from 
disproportionate costs. 

Member State Implementation 

Date of  application 

14 February 2014 

Implementation 
reported by Member 
States 

No data available yet.  

Repeals: 

Standardised Reporting Directive  

Existing legislation 

Standardised Reporting Directive (Directive 91/692/EEC) 

Status 

Under preparation 

72 

 
 
Main  objectives  of  the 
initiative 

The 1991 Standardised Reporting Directive was adopted to streamline 
information flows before the advent of electronic reporting. Over time, 
the  majority  of  the  reporting  requirements  in  the  Directive  have  been 
made  redundant  or  obsolete  thanks  revisions  of  individual  pieces  of 
environmental 
taken  precedence. 
Currently,  the  Directive  only  has  a  few  active  provisions  related  to 
asbestos  and  waste.  Currently,  the  Directive  only  has  a  few  active 
provisions related to asbestos and waste which are being examined.  

legislation,  which  have 

then 

Main REFIT objectives   Repeal 

ABRPlus follow up 

Shipments of waste 

Existing legislation 

Regulation (EC) No 1013/2006  

Commission letter of recommendation to Member States of July 2010 
Ref. Ares(2010)430067 of 15/07/2010 

Status 

Entered into force on 15 July 2006. 

Main objectives of the 
initiative 

Voluntary  electronic  data  interchange  for  waste  shipments  and 
reduction  of  administrative  burden  and  costs  associated  with  the 
repatriation of illegal waste shipments. 

Member State Implementation 

Implementation by 
Member States 

The recommendation is voluntary. In view of the intention to adopt the 
provisions as mandatory requirement within a regulatory measure 
several Member States have not implemented the recommendation.  

  11 Member States have fully implemented the simplification 
requirement (IE, IT, CY, LV, LU, HU, NL, AT, SK, FI, SE), 
while 9 Member States did not implement them (BG, DK, DE, 
EE, EL, ES, LT, MT, PT, SL, UK). 

  For the remaining Member States, it is unknown as to whether 

the requirements have been implemented. 

In 5 Member States that implemented the requirements cost reductions 
were  estimated  to  be  at  70%  (IE,  IT,  LV,  SK,  SE),  while  the  initial 
estimation  of  the  Commission  predicted  savings  of  administrative 
burden of 50%. 

Evaluations and Fitness Checks: 

Waste Policy* 

Scope 

Fitness  check  of  Five  Waste  Stream  Directives  accompanying  the 
document Proposal for a Directive of the European Parliament and of 

73 

 
 
 
Status 

Results 

the Council  reviewing  the targets in Directives 2008/98/EC on waste, 
94/62/EC on packaging  and  packaging  waste,  and 1999/31/EC  on the 
landfill  of  waste,  amending  Directives  2000/53/EC  on  end-of-life 
vehicles, 2006/66/EC on batteries and accumulators and waste batteries 
and  accumulators,  and  2012/19/EC  on  waste  electrical  and  electronic 
equipment.  

Finalised in 2014 SWD(2014) 209.  

The  Fitness  Ceck  concluded  that  all  five  Waste  Stream  Directives 
screened  have  proven  to  be  effective  instruments  of  European  waste 
policy. Yet, there is significant incoherence with regard to definitions 
and  legal  concepts  in  the  Waste  Framework  Directive  (WFD)  that 
could be tackled through codification. All the directives assessed have 
been  effective  at  various  degrees  in  achieving  the  environmental  and 
resource efficiency objectives for which they were designed. 

The findings of the Fitness Check will be taken forward in the Circular 
Economy package to be proposed by the Commission in 2015. 

Natura 2000 / EU Nature Legislation 

Scope 

Fitness Check of: 

Council Directive 2009/147/EEC on Birds 

Council  Directive 92/43/EEC of 21 May 1992 on the conservation  of 
natural habitats and of wild fauna and flora  

Council Directive 97/62/EC of 27 October 1997 adapting to technical 
and  scientific  progress  Directive  92/43/EEC  on  the  conservation  of 
natural habitats and of wild fauna and flora. 

The mandate for the fitness check has been made publicly available.  

A  key  input  will  be  the  Commission’s  "State  of  Nature  in  the  EU" 
report, based on Member States’ conservation status assessments of the 
species  and  habitat  types  protected  by  the  two  nature  directives.  The 
mid-term view of the Biodiversity Strategy, foreseen for later in 2015, 
will also provide further evidence-based information. 

assessing 

evidence  on 

A  study  has  been  contracted  to  provide  support,  notably  in  gathering 
and 
integration 
achievements  and  problems  from  different  sources  at  both  EU  and 
Member State level. The evidence gathering consultation with Member 
States and key stakeholder groups (both national and EU level) started 
in January 2015. A public consultation will begin in Spring of 2015. 

implementation 

and 

Status 

Started in 2014, and planned to be finalised in Q2 2016.  

EMAS and EU Eco-label 

74 

 
 
 
Scope 

Fitness Check of: 

Regulation (EC) No 1221/2009 of the European Parliament and of the 
Council  of  25  November  2009  on  the  voluntary  participation  by 
organisations  in  a  Community  eco-management  and  audit  scheme 
(EMAS) 

Regulation 66/2010 of the European Parliament and the Council on the 
EU Ecolabel 

The  mandate  for  the  fitness  check  is  published.  The  Commission 
contracted two studies in particular to support the Fitness Check – one 
on each Regulation. The studies will provide an evidence base on the  
effectiveness,  efficiency,  coherence,  relevance  and  EU  vale-added, 
including the results of a public consultation. 

Status 

Started in 2014, and planned to be finalised in Q3 2015.  

Environmental liability 

Scope 

Evaluation of: 

Directive  2004/35/EC  of  the  European  Parliament  and  of  the  Council 
of  21  April  2004  on  environmental  liability  with  regard  to  the 
prevention and remedying of environmental damage (ELD) 

A  number  of  preparatory  studies  have  been  completed,  an  expert 
conference was held in November 2014. 

Status 

Ongoing and is planned to be finalised in Q3 2015.  

Infrastructure for Spatial Information 

Scope 

Evaluation of: 

Directive  2007/2/EC  establishing  an 
Information in the European Community (INSPIRE) 

Infrastructure  for  Spatial 

A  preparatory  study  by  the  European  Environment  Agency  has  been 
published, taking into account also stakeholder consultation. 

Status 

Ongoing and planned to be finalised in Q3 2015.  

Noise 

Scope 

Evaluation of: 

Directive  2002/49/EC  relating  to  the  assessment  and  management  of 
environmental noise  

A study has been contracted to provide support.   

75 

 
 
 
 
Status 

Ongoing and planned to be finalised in Q3 2016.  

Volatile organic compound emissions - Stage I Petrol Vapour Recovery 
(VOCs)  

Scope 

Evaluation of: 

Directive  94/63/EC  on  the  control  of  volatile  organic  compound 
(VOC)  emissions  resulting  from  the  storage  of  petrol  and  its 
distribution from terminals to service stations 

A study has been contracted to provide support. 

Status 

Ongoing and planned to be finalised in Q4 2016.  

European Pollutant release and Transfer register (EPRTR) 

Scope 

Evaluation of Regulation 166/2006/EC concerning the establishment of 
a European Pollutant Release and Transfer Register 

A  study  has  been  contracted  to  provide  support.  Also  available  is  the 
analysis  of  data  generated  by  Member  States  during  the  2010  –  2013 
period  and  the  related  reports  provided  by  Member  States  on  the 
implementation of the Regulation. 

Status 

Ongoing and is planned to be finalised in Q4 2016.  

Protection of Animals used for Scientific Purposes 

Scope 

Evaluation of: 

Directive 2010/63/EU on the Protection of Animals used for Scientific 
Purposes  

The  Directive  took  full  effect  in  2013  with  national  transposing 
measures  pending  for  some  Member  States  in  the  beginning  of  2015. 
As  this  evaluation  will  precede  the  submission  of  data  from  Member 
States  to  feed  into  the  implementation  report  due  in  2019,  the  focus 
will  in  particular  be  on  scientific  progress  and  whether  there  are  any 
emerging  problems  with  implementation  impacting  negatively  on 
science  or  animal  welfare.  It  will  also  be  informed  by  the  European 
Citizens Initiative. 

Status 

Expected to be finalised not earlier than Q4 2017. 

Drinking Water Directive  

76 

 
 
 
 
 
Scope 

Evaluation of: 

Directive  98/83/EC  on  the  quality  of  water  intended  for  human 
consumption  

This  evaluation  follows  on  from  the  European  Citizens  Initiative    on 
the "Right to Water". A study has been contracted to provide support. 

Status 

Ongoing and planned to be finalised in Q3 2016.  

Strategic Environmental Assessment  

Scope 

Evaluation of: 

Directive 2001/42/EC on the assessment of the effects of certain plans 
and programmes on the environment 

Status 

Under preparation 

The second implementation report scheduled for 2016 will evaluate the 
application and effectiveness of the Directive across the EU and assess 
potential for simplification and may lead to a REFIT evaluation.  

Wild animals in zoos 

Scope 

Evaluation of:  

Directive 1999/22/EC relating to the keeping of wild animals in zoos 

A mandate is being prepared and will be published in 2015 and a study 
contract will also be launched to provide support in particular through 
evidence gathering. 

Status 

Expected to start in 2015 and planned to be finalised in Q4 2016.  

Flood risks  

Scope 

Evaluation of: 

Directive  2007/60/EC  on  the  assessment  and  management  of  flood 
risks 

This  evaluation  will  in  particular  focus  on  identifying  simplification 
and burden reduction potential. 

Status 

Planned to be finalised by 2018,  in  line with the review clause in the 
legislation.  

Protection of the environment from asbestos 

77 

 
 
 
 
 
Scope 

Evaluation of: 

Directive  87/217/EEC  on  the  protection  of  the  environment  from 
asbestos 

This  Directive  was  subject  to  a  review  in  2010  which  concluded  that 
many of its provisions are obsolete, notably as production of asbestos 
has been discontinued in the EU, and the remaining relevant provisions 
have  links  with  the  protection  of  workers.  The  provisions  relevant  to 
the  protection  of  workers  will  be  considered  under  the  coherence 
criteria of the Fitness Check on Occupational Safety and Health.  

Status 

Ongoing 

(Further  details  on  this  Fitness  Check  are  available  in  the  section  on 
employment and social affairs). 

Evaluation of Directive 2009/126/EC on volatile organic compound 
emissions (VOC II) 

Scope 

Evaluation of: 

Directive  2009/126/EC  on  Stage  II  petrol  vapour  recovery  during 
refuelling of motor vehicles at service stations. 

Status 

The evaluation is ongoing and is expected to be finalised in Q4 2016. It 
is combined with an assessment of implementation of the Directive by 
Member States. A study has been contracted to provide support.  

Bathing water 

Scope 

Status 

Directive 2006/7/EC 

Planned to start in 2019. 

Marine environment policy 

Scope 

Status 

Directive 2008/56/EC 

Planned to start in 2019 

78 

 
 
 
 
11. 

CLIMATE ACTION 

1.  Smart regulation activity and simplification efforts 

Regulations adopted by the legislator in 2014 (Regulations on CO2 emissions from cars and 
vans  and  on  florinated  greenhouse  gases)  included  a  number  of  exemptions  and  lighter 
regimes  for  smaller  companies.  These  will  be  monitored  at  the  stage  of  Member  State 
implementation in future editions of the REFIT scoreboard as data becomes available. 

Bearing  in  mind  the  limited  experience  with  application,  the  Evaluation  of  the  Carbon 
Capture  and  Storage  Directive  2009/31/EC  concluded  that  the  legislation  remains  'fit  for 
purpose',  evaluations  of  the  Regulations  on  Light  Commercial  Vehicles  510/2011/EC,  on 
New Passenger Cars 443/2009/EC and on the Fuel Quality Directive 2009/30/EC are ongoing 
and are planned to conclude in 2015. 

In  its  policy  framework  for  climate  and  energy  in  the  period  from  2020  to  203037,  the 
Commission aims at building a competitive and secure energy system that ensures affordable 
energy  for  all  consumers,  increases  the  security  of  the  EU's  energy  supplies,  reduces 
dependence  on  energy  imports  and  creates  new  opportunities  for  growth  and  jobs.  This 
proposal also aims at simplifying the policy framework for climate and energy and improving 
complementarity and coherence between objectives and instruments. 

2.  Scoreboard 

Legislative Initiatives: 

CO2 emissions from cars 

Existing/Proposed 
legislation 

Regulation  of  Parliament  and  of  the  Council 
..../....  amending 
Regulation  (EC)  No  443/2009  of  the  European  Parliament  and  of  the 
Council setting emission performance standards for new passenger cars 
as  part  of  the  Community's  integrated  approach  to  reduce  CO  2 
emissions from passenger cars, adopted on 10 March 2014. 

Status 

Implementation by Member States 

Entered into force on 8 April 2014 - Regulation (EU) No 333/2014 

Main objectives  

The  proposal  sets  out  the  modalities  for  reaching  the  2020  target  to 
reduce  CO2  emissions  to  95  g  CO2/km  for  new  passenger  cars,  as 
required by the Regulation (EC) No 443/2009. 

Main REFIT objectives  Manufacturers  responsible  for  less  than  500  registrations  of  new 
passenger  cars  per  year  are  excluded  from  the  obligation  of  having  a 
CO2 target.  

37 Communication from the Commission "A policy framework for climate and energy in the period from 2020 to 

2030" [COM(2014) 15 final] 

79 

 
                                                            
Additional  flexibility  is  also  given  to  Member  States  to  grant  further 
small volume derogations. 

The "niche" derogation for manufacturers target is updated in 2020. 

More  flexibility  is  allowed  in  the  timing  of  decisions  granting  small 
volume derogations 

Amendments to REFIT objectives by co-legislator 

EP Position 

An extension of the exemption for small manufacturers from the scope 
of  the  specific  emissions  target  and  the  excess  emissions  premium 
from 500 to 1000 cars produced annually was adopted by the European 
Parliament at its plenary session of 25 February 2014. 

Council Position 

The Council agreed to this extension and adopted the new Regulation 
on 10 March 2014. 

Assessment of final 
outcome 

The  exemption  for  small  manufacturers  has  been  strengthened  in 
legislative procedure. 

The increase of the annual vehicle production threshold to 1000 for 
a  car  manufacturer  to  be  covered  is  likely  to  bring  a  small 
additional  number  of  manufacturers  under  the  scope  of  the 
derogation. 

Member State Implementation 

Date of  application 

8 April 2014 

Implementation 
reported by Member 
States 

Not yet applicable as this stage in the procedure has not been reached. 

CO2 emissions from vans 

Existing/Proposed 
legislation 

Regulation  of  Parliament  and  of  the  Council 
..../....  amending 
Regulation  (EU)  No  510/2011 of  the  European  Parliament  and  of  the 
Council  of  11  May  2011  setting  emission  performance  standards  for 
new  light  commercial  vehicles  as  part  of  the  Union's  integrated 
approach to reduce CO 2  emissions from light-duty vehicles, adopted 
11 February 2014 

Status 

Implementation by Member States 

Entered into force on 23 March 2014 - Regulation (EU) No 253/2014 

Main objectives  

The  proposal  sets  out  the  modalities  for  reaching  the  2020  target  to 
reduce  CO2  emissions  to  147  g  CO2/km  for  new  light  commercial 
vehicles in 2020, as required by Regulation (EU) No 510/2011. 

Main REFIT objectives  Manufacturers  responsible  for  less  than  500  new  light  commercial 
vehicles  per  year  are  excluded  from  the  obligation  of  having  a  CO2 
target. 

80 

 
 
Amendments to REFIT objectives by co-legislator 

EP Position 

Parliament  suggested  n  extension  of 
the  exemption  for  small 
manufacturers from the scope of the specific emissions target and the 
excess emissions premium from 500 to 1000 light commercial vehicles 
produced  annually  was  adopted  by  the  European  Parliament  at  its 
plenary session of 14 January 2014. 

Council Position 

The Council agreed to this extension  

Assessment of final 
outcome 

The  exemption  for  small  manufacturers  has  been  strengthened  in 
legislative procedure. 

The increase of the annual vehicle production threshold to 1000 for 
a  van  manufacturer  to  be  covered  is  likely  to  bring  a  small 
additional  number  of  manufacturers  under  the  scope  of  the 
derogation. 

Member State Implementation 

Date of  application 

23 March 2014 

Implementation 
reported by Member 
States 

Not yet applicable as this stage in the procedure has not been reached. 

Fluorinated greenhouse gases 

Existing/Proposed 
legislation 

Regulation  of  Parliament  and  of  the  Council  ..../....  on  fluorinated 
greenhouse  gases  replacing  Regulation  (EC)  No  842/2006  of  the 
European  Parliament  and  of  the  Council  of  17  May  2006  on  certain 
fluorinated greenhouse gases, adopted on 14 April 2014. 

Status 

Implementation by Member States 

Main objectives  

It  applies  with  effect  from  1  January  2015  -  Regulation  (EU)  No 
517/2014 

This proposed Regulation aims at reducing the use of fluorinated gases 
which account for around 2% of all EU greenhouse gas emissions but 
have  a  much  more  potent  global  warming  effect  by  creating  tradable 
quotas for their use. The gradual reduction in their use is to be achieved 
principally by issuing supply quotas to circa 100 large EU firms.  

Main REFIT objectives  Companies that trade fluorinated gas in quantities equivalent to 1,000 
tonnes of CO2 per annum  are exempted from reporting  requirements. 
This exemption will benefit predominantly SMEs. 

The new regulation will simplify and clarify Regulation (EC) No 
842/2006 by reducing administrative burden  

Amendments to REFIT objectives by co-legislator 

81 

 
 
EP Position 

Parliament  initially  proposed  to  considerably  reduce  the  scope  of  the 
SME  exemption  from  1000  tons  CO2  equivalent  of  fluorinated  gas 
traded per year to 10 tons of fluorinated gas traded per year. Finally, a 
maximum  threshold  of  100  tonnes  of  CO2  equivalent  was  agreed  by 
the  European  Parliament.  This  reduction  of  the  threshold  should 
prevent that the quota system being circumvented. 

Council Position 

The Council agreed to this exemption. 

Assessment of final 
outcome 

The  market  of  fluorinated  greenhouse  gases  is  dominated  by  a 
limited number of large suppliers. The reduction of the reporting 
threshold from 1000 tons to 100 tons will therefore have a limited 
impact on business in this area.  

Member State Implementation 

Date of  application 

1 January 2015 

Implementation 
reported by Member 
States 

Not yet applicable as this stage in the procedure has not been reached. 

Emissions monitoring and reporting of greenhouse gases 

Existing/Proposed 
legislation 

Commission  Regulation  (EU)  No  601/2012  of  21  June  2012  on  the 
monitoring  and  reporting  of  greenhouse  gas  emissions  pursuant  to 
Directive  2003/87/EC  of  the  European  Parliament  adopted  by  the 
Commission on 21 June 2012. 

Status 

Implementation by Member States 

Main objectives  

It  applies  with  effect  from  1  January  2013  -  Commission  Regulation 
(EU) No 601/2012 of 21 June 2012 

The Regulation was proposed in order to improve the monitoring and 
reporting  of  greenhouse  gas  emissions  to  support  implementation  of 
Directive  2003/87/EC  which  established  a 
trading  scheme  for 
greenhouse gas emissions. 

Main REFIT 
objectives 

Small emitters producing less than 25,000 tonnes CO2 per annum 
are allowed to produce simplified monitoring plans.   

Aircraft  operators  are  allowed  to  produce  simplified  monitoring 
plans provided they operate 243 flights or fewer over a four month 
period. 

Member State Implementation 

Date of  application 

1 January 2013 

Implementation 
reported by Member 

Not yet applicable as this stage in the procedure has not been reached. 

82 

 
 
States 

Verification and accreditation of CO2 emissions 

Existing/Proposed 
legislation 

Commission  Regulation  (EU)  No  600/2012  of  21  June  2012  on  the 
verification  of  greenhouse  gas  emission  reports  and  tonne-kilometre 
reports  and  the  accreditation  of  verifiers  pursuant  to  Directive 
2003/87/EC of the European Parliament and of the Counci adopted by 
the Commission on 21 June 2012.l 

Status 

Implementation by Member States. 

It  applies  with  effect  from  1  January  2013  -  Commission  Regulation 
(EU) No 600/2012 of 21 June 2012. 

Main objectives of the 
REFIT initiative 

The  Regulation  was  proposed  in  order  to  establish  a  simplified 
system of verification and accreditation of CO2 emissions, drawing 
on national best practices. 

Small  emitters  and  small  aircraft  operators  which  produce  less 
than  500,000  tonnes  of  CO2  per  annum  are  allowed  a  larger 
margin  of  error  in  emission  reports,  thereby  reducing  their  audit 
costs. 

Member State Implementation 

Date of  application 

1 January 2013 

Not yet applicable as this stage in the procedure has not been reached. 

Implementation 
reported by Member 
States 

Evaluations: 

Evaluation of the Carbon Capture and Storage Directive 2009/31/EC 

Title of Evaluation 

Contribution to the review of Directive 2009/31/EC on the geological 
storage of carbon dioxide (CCS Directive) 

Status 

Finalised on 15 January 2015   

Main objectives  

The  evaluation  covers 
coherence and EU value added of the Directive. 

the  relevance,  effectiveness,  efficiency, 

Main findings 

The CCS Directive is considered as fit-for-purpose and as putting 
the necessary regulatory framework in place for safe CO2 capture, 
transport and storage while allowing the Member States sufficient 
flexibility in the implementation of the CCS Directive.  

http://www.ccs-directive-evaluation.eu/final-report/   

83 

 
 
 
 
Evaluation of the Regulation on Light Commercial Vehicles 
510/2011/EC and the Regulation on New Passenger Cars 443/2009/EC 

Title of Evaluation 

Evaluation  of  Regulations  443/2009  and  510/2011  on  CO2  emissions 
from light-duty vehicles 

Status 

Ongoing and planned to be finalised in Q2 2015. 

Main objectives  

The  evaluation  covers 
coherence and EU value added of the Regulations. 

the  relevance,  effectiveness,  efficiency, 

Evaluation of the Fuel Quality Directive 2009/30/EC 

Title of Evaluation 

Evaluation  of  Directive  98/70/EC  of  13  October  1998  relating  to  the 
quality of petrol and diesel fuels as amended 

Status 

Ongoing and planned to be finalised end 2015. 

Main objectives  

The  evaluation  will  cover  the  relevance,  effectiveness,  efficiency, 
coherence and EU value added of the Directive. 

84 

 
 
12. 

HEALTH AND FOOD SAFETY 

1.  Smart regulation activity and simplification efforts 

The  legislator  adopted  the  proposal  for  clinical  trials  in  2014  and  confirmed  the  Commission's 
simplification  objectives  to  create  a  single  set  of  rules  and  a  one-stop-shop  for  the  authorisation 
procedure. All steps are being taken to ensure that the Regulation applies as of mid 2016. 

In March 2015, the Commission decided to withdraw proposals on the Hygiene of Foodstuffs and on 
Plant  Reproductive  Material  and  the  legislator  repealed  an  obsolete  Directive  on  the  cooperation  on 
scientific information for food on 11 February 2015. 

The preparation of a proposal on Food Hygiene included in the last edition of the REFIT scoreboard 
has stopped, given that further reflections are required on how to address the legislative simplification 
objectives linked to SMEs within the area of Food Hygiene. 

2.  Scoreboard 

Legislative Actions 

Animal health law 

Existing/Proposed 
legislation 

Proposal for a Regulation of the European Parliament and of the Council 
on Animal Health 

Status 

Proposal from the Commission of 6 May 2013 - COM(2013)260 

Main objectives of the 
proposal 

  Establishing  a  single  framework  with  proportionate,  sound  and 
efficient animal health rules to ensure a safe and smooth functioning 
of the internal market for live animals and animal products. 

  Legislative simplification (more than 40 legal acts to be streamlined 

into one basic act); 

  Emphasis  on  prevention  to  reduce  disease-related  losses  for  farmers 

and other operators. 

The  Regulation  will  provide  the  general  framework,  the  specific 
objectives  will  be  adressed 
through  subsequent  delegated  and 
implementing acts. 

85 

 
REFIT objectives 

Reducing  administrative  burdens  by  making  use  of  new  technological 
tools  and  removing  unnecessary  administrative  obligations  where  the 
health  risks  involved  permit  (identification  and  movement  of  animals, 
registration and approval procedures). 

Specific administrative burden reduction to be laid down in delegated and 
implementing acts:  

  Removal  of  the  requirement  for  movement  certificates  for  low-risk 

movements (for example, movements for direct slaughter);  

  Reduction  of  administrative  obligations  if  increased  biosecurity 

measures are implemented;  

  Possibilities  for  Member  States  to  no  longer  require  approval 

procedures for certain low-risk operators or transporters; 

  Possibilities  for  certain  operators  to  derogate  from  registration  and 

record keeping obligations. 

Amendments to REFIT objectives by co-legislator 

EP Position 

Ordinary legislative procedure - 1st reading adopted on 15 April 2014. In 
general, Parliament's position supports the main REFIT objectives of the 
proposal.  The  proposal  for  an  obligation  for  Member  States  to  register 
dogs,  and  a  record  keeping  obligation  for  low-risk  operators  would 
increase regulatory burden. 

Council Position 

The  Council  position  does  not  affect  significantly 
simplification and/or administrative burden reduction elements.  

the  proposed 

Assessment of final 
outcome 

Not yet applicable as this stage in the procedure has not been reached.  

Official controls on the agri-food chain 

Existing/Proposed 
legislation 

Proposal for a Regulation on official controls and other official activities 
performed to ensure the application of food and feed law, rules on animal 
health  and  welfare,  plant  health,  plant  reproductive  material,  plant 
protection  products,  repealing    Regulations  (EC)  No  882/2004  and  No 
854/2004,  Directives 
90/425/EEC, 
91/496/EEC,  96/23/EC,  96/93/EC  and  97/78/EC  and  Decision 
92/438/EEC  amending  Regulations  (EC)  No  999/2001,  1829/2003, 
1831/2003,  and  Directives  98/58/EC,  1999/74/EC,  2007/43/EC, 
2008/119/EC,  2008/120/EC  and  2009/128/EC 
(Official  controls 
Regulation) 

89/608/EEC, 

89/662/EEC, 

Status 

Proposal from the Commission of 6 May 2013 - COM(2013)265  

Main objectives 

  Create  a  single  framework  for  all  official  controls  along  the  entire 
agri-food  chain  (1  Regulation  replacing  7  Directives,  2  Regulations 
and 1 Decision) ; 

  Modernise, harmonise, simplify and clarify the system ; 

86 

 
 
REFIT objectives 

  Strengthen enforcement tools ; 

 

Improve efficiency of controls ; 

  Tackle food fraud ; 

  Ensure appropriate resources for control authorities ; 

 

Improve transparency on official controls and their financing. 

  Better  allocation  and  use  of  resources  collected  through  fees.  The 
generalisation  of  risk  based  official  controls  across  the  entire  agri-
food chain will allow cross sector risk assessments and prioritisations 
of controls. In addition full transparency on the calculation and use of 
fees  and  arrangements  on  their  efficient  use  will  increase  the 
accountability of competent authorities. 

  Obligation  for  competent  authorities  to  perform  official  controls  as 
much  as  possible  in  a  manner  that  minimises  the  burden  on 
enterprises. 

  Exemption of microenterprises from mandatory official control fees. 

  Mandatory consultation of operators by competent authorities on the 

method of calculation of fees. 

  Creation of a common set of integrated, harmonised and modernised 
rules  and  tools  for  official  controls  of  animals  and  goods  at  their 
entry into the Union.   

Amendments to REFIT objectives by co-legislator 

EP Position 

1st reading adopted on 15 April 2014. Several amendments proposed by 
Parliament could have an impact on REFIT objectives:  

  The  Extension  of  the  scope  of  official  controls  to  marketing 
standards for agricultural products could ensure a more effective and 
efficient  risk-based  use  of  resources  through  cross  sector  risk 
assessments and prioritisation of controls; 

  The removal of plant reprodutive material from the scope of official 
controls may weaken a more effective and efficient risk-based use of 
resources; 

• 

Introduction  of  a  mandatory  channelling  and  of  systematic  border 
controls  on  all  foods  containing  products  of  animal  origin  could 
impose unnecessary administrative burdens.  

•  Replacing the obligation for competent  authorities to collect fees  as 
well as the obligation for Member States to exempt microenterprises 
by  an  option  to  use  these  instruments  may  lead  to  potential  market 
distortions due to calculation and collection of fees in a non-uniform 
manner that allows discriminatory treatment between operators; 

• 

Introduction  of  the  obligation  for  physical  checks  at  borders  on 
products  of  animal  origin  to  be  performed  by  official  veterinarians 
and the obligation of a permanent presence of an official veterinarian 
during  ante-  and  post  mortem  inspections  in  slaughterhouses  may 
negatively  impact  a  more  flexible  and  efficient  use  of  control 
resources. 

87 

 
Council Position 

No positon available yet. 

Not yet applicable as this stage in the procedure has not been reached. 

Assessment of final 
outcome 

Plant health 

Existing/Proposed 
legislation 

Proposal  for  a  Regulation  of  Parliament  and  of  the  Council  on 
protective measures against pests of plants. 

Codification  of  Directives  2000/29/EC,  69/464/EEC,  69/466/EEC, 
74/647/EEC, 93/85/EEC, 98/57/EC, 2007/33/EC 

Status 

Proposal from the Commission of 6 May 2013 - COM(2013)267 

Main objectives 

Codification and simplification of procedures 

  Seven Council Directives are replaced by a single Regulation 

  Better  protection  against  new  plant  pests  while  streamlining 

rules 

  Harmonisation,  simplification  and  modernisation  of  plant 
passport  system:  number  of  entries  will  be  cut  by  more  than 
half, plant passport unique may now be replaced by hologram 
or  chip  from 
the  operator,  operator  responsibility  for 
traceability of lots has been introduced 

  Possibility  of  including the  plant  passport  in  the official  label 
issued  for  plant  reproductive  material  in  accordance  with 
provisions set out in the existing Directives on seeds and other 
propagating material (S&PM Directives). 

REFIT objectives  

  Simplification  and  harmonisation  of  plant  passports  and  other 
types of certification; plant passport and official certification labels 
to be included in one document 

 

 

Joint registration of professional operators dealing with all types of 
plants / plant reproductive material 

Joint  certification  schemes  for  plant  reproductive  material  and 
plants subject to plant health provisions  

Amendments to REFIT objectives by co-legislator 

EP Position 

1st  reading  adopted  on 15 April  2014. Certain  amendments    proposed 
by  Parliament  may  impose  disproportionate  burdens  on  professional 
operators  for  the  transit  of  plants/plant  products  moving  from  third 
countries,  through  the  EU,  and  moving  towards  third  countries  again. 
Those  burdens  would  include  prior  authoritsation  of  such  move, 
reporting obligations and close monitoring. 

Council Position 

No positon has been reached.  

88 

 
 
 
Assessment of final 
outcome 

Clinical Trials 

Existing/Proposed 
legislation 

Status 

Main objectives 

Not yet applicable as this stage in the procedure has not been reached. 

Regulation 536/2014 of Parliament and of the Council on clinical trials 
on  medicinal  products  for  human  use,  adopted  by  Council  and  EP  on 
16 April 2014. 

Replacing  the    Directive  2001/20/EC of  the  European  Parliament  and 
of  the  Council  of  4  April  2001  on  the  approximation  of  the  laws, 
regulations  and  administrative  provisions  of  the  Member  States 
relating to the implementation of good clinical practice in the conduct 
of clinical trials on medicinal products for human use. 

Adopted  in  legislative  procedure  on  16  April  2014  -  Regulation 
536/2014 

Ensure that Europe remains an attractive place for clinical research by 
providing  a  single  set  of  harmonised  rules.  The  agreed  proposal 
provides for: 

 

 

 

 

streamlined application procedures via a single entry point,  

single authorisation procedure for all clinical trials, 

improved  conditions  for  conducting  multinational  clinical 
trials, 

strengthened  rules  on  the  protection  of  patients  and  informed 
consent; 

  more  transparency  on  the  conduct  and  results  of  the  clinical 

trial,  

  possibilities  for  the  Commission  to  conduct  controls  in 
Member States and third countries to ensure the rules are being 
properly supervised and enforced 

REFIT objectives 

  Facilitating  the  work  of  all  actors,  especially  SMEs,  by 

creating a unique set of rules applicable across Europe.  

  Reduction  of  administrative  burden  through  the  creation  of  a 
one-stop  shop  (submit  a  single  set  of  documents  via  a  single 
portal) for the authorisation of clinical trials.  

 

Improving transparency and legal certainty of the authorisation 
process through clear rules and binding deadlines 

Amendments to REFIT objectives by co-legislator 

EP Position 

Parliament  was  fully  supportive  of  the  proposal  from  the  Commision 
and  of  its  aim  of  simplification  and  reduction  of  administrative 
burdens. 

89 

 
 
Council Position 

Council achieved an extension of the timelines for the authorisation of 
clinical trials. 

Assessment of final 
outcome 

All  REFIT  objectives  have  been  achieved.  Only  the  timelines  for  the 
authorisation  of  clinical  trials  have  been  extended  compared  to  the 
initial proposal following the amendments introduced by Council. 

Member State Implementation 

Date of  application 

As  of  mid-2016,  subject  to  the  provisions  of  Article  99  of  the 
Regulation.  

Implementation 
reported by Member 
States 

No data available yet.  

Zootechnical legislation 

Existing/Proposed 
legislation 

Codification  of  11  Union  acts  regulating  zootechnics  in  the  EU 
amending  Directives  89/608/EEC,  90/425/EEC  and  91/496/EEC  as 
regards references to zootechnical legislation 

Status 

Main objectives 

Proposal  from  the  Commission  of  11  February  2014  -  COM(2014)5 
final 

To  consolidate  existing  rules  for  the  promotion  of  free  trade  of 
breeding animals and of their genetic material and to align these rules 
with the requirements of the Lisbon Treaty: One single Regulation will 
replace  11  Directives  (specific  to  different  animal  species),  thus 
simplifying the legislative framework. 

The  rules  on  official  controls  will  be  streamlined  under  a  specific 
chapter of the Regulation.  

With  its  direct  application,  the  Regulation  will  avoid  divergence  in 
transposition  by  Member  States  and  thus  facilitate  cross  border  trade 
for business. 

REFIT objectives 

The  proposed  Regulation  intends  to  clarify  and  simplify  the  current 
legislation, simplification aspects include: 

  principles of recognition and listing of breeding organisations, 

breeders associations and private undertakings,  

 

 

 

approval of breeding programmes,  

entering of animals in herdbooks, flock-books, stud-books and 
their classification according to merits,  

registration  of  hybrid  breeding  pigs  in  registers,  performance 
testing  and  genetic  evaluation  as  well  as  the  content  of 
zootechnical certificates for breeding animals and their semen, 
ova and embryos.  

90 

 
 
Amendments to REFIT objectives by co-legislator 

Not yet applicable as this stage in the procedure has not been reached. 

Veterinary medicines 

Existing/Proposed 
legislation 

Directive 2001/82/EC of the European ParliamentParliament and of the 
Council  of  6  November  2001  on  the  Community  code  relating  to 
veterinary medicinal products 

Status 

Proposal  from  the  Commission  of  10  September  2014  -  COM(2014) 
558 final  

Main objectives 

The revision of the legislative framework on veterinary medicines aims 
at:   

 

reducing administrative burdens to business, 

  providing better rewards for innovative products,  

 

 

improving the functioning of the internal market and increasing the 
availability of veterinary medicines for animals, 

respond to the problem of antimicrobial resistance by allowing  to 
restrict  or  refuse  marketing  authorisations  and  reserve    certain 
critical antimicrobials for use in human medicine only. 

REFIT objectives 

This  proposal will: 

 

reduce  red  tape  for  placing  and  maintaining  on  the  market  of 
veterinary medicines, 

 

facilitate internet retail of veterinary medicines across the Union, 

SMEs will benefit from:  

 

 

the  overall  simplification  measures  and  in  particular  from  the 
harmonisation of clinical trials for veterinary medicines, 

the  introduction  of  national  helpdesks  to  advice  on  authorisation 
issues. 

Amendments to REFIT objectives by co-legislator 

EP Position 

No amendments have been tabled by Parliament yet.  

Council Position 

No amendments have been tabled by the Council yet. 

Not yet applicable as this stage in the procedure has not been reached. 

Assessment of final 
outcome 

Medicated feed  

91 

 
 
 
Existing/Proposed 
legislation 

Proposal  to  amend  Council  Directive  90/167/EEC  of  26  March  1990 
laying  down  the  conditions  governing  the  preparation,  placing  on  the 
market and use of medicated feedingstuffs in the Community  

Status 

Proposal  from  the  Commission  of  10  September  2014  -  COM  (2014) 
556. 

Main objectives 

(1)  The smooth functioning of a competitive and innovative internal 

market for medicated feed;   

(2)  a high level of protection of animal and public health.  

REFIT objectives 

This  proposal will: 

  Make medicated feed available to farmers and pet owners at a 

competitive price 

  Harmonise manufacturing standards; 

  Reduce  production  costs  due  to  the  possibility  for  anticipated 
production of medicated feed (before the concrete prescription 
is available) 

  Remove  national  barriers  for  innovative,  "novel"  medicated 

feed. 

SMEs will benefit from:  

  More legal clarity on residues of veterinary medicines in feed 

  Less  administrative  burden  to  cope  with  different  national 

standards for manufacturing medicated feed 

  Market  potentials  in  new  applications  such  as  medicated  pet 

food 

Amendments to REFIT objectives by co-legislator 

Not yet applicable as this stage in the procedure has not been reached. 

Food labelling 

Existing legislation 

Regulation  (EU)  No  1169/2011  of  the  European  Parliament  and  the 
Council  of  25  October  2011  on  the  provision  of  food  information  to 
consumers 

Status 

It applies with effect from 13 December 2014 - Regulation (EU) No 
1169/2011 

Main objectives 

Improvement of the information to the consumer on pre-packaged and 
non-prepackaged food through 

 

Improved legibility of information ; 

  Clearer and harmonised presentation of allergens; 

  Mandatory allergen information for non-prepacked food, 

92 

 
 
Main REFIT 
objectives 

including in restaurants and cafes; 

  Requirement of certain nutrition information for majority of 

prepacked processed foods; 

  Mandatory origin information for fresh meat from pigs, sheep, 

goats and poultry; 

  Same labelling requirements for online, distance-selling or 

buying in a shop; 

  List of engineered nanomaterials in the ingredients 

Facilitate  the  implementation  of  legislation  and  to  reduce  regulatory 
burden  within  the  existing  legal  framework  through  flexibility 
provisions  and  exemptions  included  in  the  legislation  and  through 
guidance 

To be noted that some flexibility provisions are already included in the 
food information to consumer legislation: 

  The nutrition declaration will become mandatory on the label 
of  packaged  foods  from  December  2016. However,  food, 
the 
including  handcrafted 
manufacturer in small quantities to final consumers or to local 
retail  establishments  directly  supplying  final  consumers  are 
exempted from this requirement.  

food,  directly  supplied  by 

  Nutrition  information  of  foods  produced  by  SMEs  can  be 
based  on  calculation  from  generally  established  and  accepted 
data, which avoids costly laboratory analysis. 

  The  Regulation  allows  Member  States  to  adopt  national 
measures  setting  out  the  means  through  which  information 
about  allergenes  for  foods  offered  for  sale  as  non-prepacked, 
or  packed  on  the  sales  premises  at  the  consumer's  request  or 
prepacked  for  direct  sale  is  to  be  made  available  and,  where 
appropriate,  its  form  of  expression. This  flexibility  allows 
adaptation of the provision of information on allergens to the 
needs  and  specificities  of  SMEs,  in  particular  restaurants, 
canteens, hotels etc . 

  The Regulation contains provisions that enable the adoption of 
delegated  acts 
to  make  available  certain  mandatory 
information through modern technology means other than the 
label  or  using  symbols  or  pictograms  instead  of  words.  This 
element 
the  potential  for  modernisation  and 
simplification.  Use  of  these  enabling  provisions  in  future  by 
increasing 
the  Commission  could  allow  satisfying 
consumers’ request for information without imposing on food 
business  operators  costs  related  to  the  adaptation  of  labels  or 
burdens linked to translation in the case of multilingual labels.  

increases 

the 

Date of  application 

13 December 2014 

Implementation  

Nutrition declaration on packaged food as from 13 December 2016 

93 

 
Implementation by 
Member States 

National measures on allergen/intolerance labelling  have been 
adopted in 17 Member States.  

Assistance to 
application by the 
Commission 

  Question and answer document to facilitate uniform 
understanding and application of the new rules 
http://ec.europa.eu/food/food/labellingnutrition/foodlabelling/i
ndex_en.htm 

  Update of guidance document for allergen labelling in 

preparation. Public consultation 25.11.2014 - 04.01.2015 
http://ec.europa.eu/dgs/health_food-
safety/dgs_consultations/food/consult_20150104_allergy-
intolerance_en.htm 

  Update of guidance document on QUID (quantitative 

indication declaration) during 2015. 

  Database on food information to consumers to assist business 

to identify the specific EU and national food labelling 
requirements for specific categories of food. Work is in 
ongoing for the database to be operational in 2016. 

Repeals and withdrawals 

Cooperation on scientific information for food 

Existing/ 

Proposed legislation 

Directive  2015/254  repealing  Council  Directive  93/5/EEC  of  25 
February 1993 on assistance to the Commission and cooperation by the 
Member  States  in  the  scientific  examination  of  questions  relating  to 
food, adopted on 11 February 2015. 

Status 

Repealed 

Main objectives 

Repeal. 

The  creation  of  the  European  Food  Safety  Authority,  who  took  the 
responsibility of scientific advice on food, resulted in the termination of 
the  Commission  Scientific  Committees  on  food.  As  a  result,  this 
legislation  on  the  cooperation  between  the  Member  States  and    the 
Commission  in  order  to  provide  scientific  support  to  the  former 
Scientific Committees is obsolete.   

Evaluations and Fitness Checks: 

General food law 

Scope 

Fitness  Check  of  Regulation  (EC)  No  178/2002  of  the  European 
Parliament  and  of  the  Council  of  28  January  2002  laying  down  the 
general  principles  and  requirements  of  food  law,  establishing  the 
European  Food  Safety  Authority  and  laying  down  procedures  in 
matters of food safety 

94 

 
 
 
Status 

Source(s) 

Started end 2014 and is planned to be finalised end 2015. 

REFIT Communication - COM(2013)685 

A  Fitness  Check  of  the  Food  Chain  -  State  of  play  and  next  steps 
(SWD(2013) 516) 

95 

 
 
13. 

JUSTICE AND CONSUMER POLICY 

1.  Smart regulation activity and simplification efforts  

Legislation  on  Women  on  Company  Boards  and  on  Personal  Data  Protection  includes 
exemtions for micro-companies, both proposals are pending in legislative procedure. 

In  2015,  the  Commission  plans to  present  a  proposal  to  codify  six  Directives  in  the  area  of 
Company  Law  and  bring  improved  protection,  simplification  and  clarity  in  relation  to 
misleading  marketing  practices  and  comparative  advertising  through  a  revision  of  the 
Business Marketing Directive. 

As part of its work programme for 2015, the Commission decided to withdraw the proposal 
for a Council Regulation on the Statute for a European Foundation as well as the Proposal for 
a  Directive  on  the  right  to  interpretation  and  translation  in  criminal  proceedings.  The 
Commission  decided  furthermore  to  withdraw  the  pending  proposal  on  pregnant  workers  if 
agreement in legislative procedure could not be found by June 2015. 

The  evaluation  of  legislation  on  equal  treatment  in  social  security  will  be  concluded  in  the 
course of 2015. 

The e-justice portal facilitates access to justice and makes cross-border cooperation easier, for 
example  by  providing  citizens  and  practitioners  with  templates  and  forms  translated  in  all 
official languages of the EU. European e-Justice is moving towards a system with tools and 
applications for citizens, businesses, legal practitioners and the judiciary: giving the portal a 
clear legal basis will clarify its scope and objectives, its organisation and governance, as well 
as issues such as data protection, ownership and liability. 

The end of the transitional period of the Treaty of Lisbon brought an end to what remained of 
the  ex  third  pillar  concerning  police  and  judicial  cooperation  in  criminal  matters.  The 
Commission proposed to repeal 24 obsolete acts in this area as they were no longer relevant 
or  had  been  replaced  by  other  measures.  These  proposal  are  currently  with  the  legislator 
(COM(2014)715 and COM(2014) 714).38 

2.  Scoreboard  

Legislative Actions: 

Personal data protection* 

Proposed legislation 

Proposal  for  a  Regulation  of  the  European  Parliament  and  of  the 
Council on the protection of individuals with regard to the processing 
of  personal  data  and  on  the  free  movement  of  such  data,  amending 
Directive 95/46/EC of the European Parliament and of the Council of 
24  October  1995  on  the  protection  of  individuals  with  regard  to  the 
processing of personal data and on the free movement of such data 

38 See scoreboard entry in policy area Home Affairs. 

96 

 
                                                            
Status 

Proposal from the Commission of 25 January 2012 - COM(2012)11  

Main objectives 

legal 

The  proposed 
instruments  will  strengthen  personal  data 
protection  rights  and  boost  Europe's  digital  economy.  This  involves 
promoting  growth  and  innovation  and  strengthening  the  free  flow  of 
personal data within the digital market while at the same time ensuring 
the protection of data.  

Main REFIT objectives  The proposal provides legal certainty, clarity and consistency, both for 
individuals  and  business,  and  strengthens 
internal  market 
dimension of the data protection rules through the adoption of a single 
law  for  Europe  to  replace  the  current  patchwork  of  28  different 
national laws. The proposal will also create a regulatory one-stop-shop 
for  business  allowing  companies  to  deal  with  a  single  supervisory 
authority. It will abolish a number of existing requirements in terms of 
notifications and prior authorisation.  

the 

To ensure minimal regulatory burden for SMEs, the proposal includes 
the following specific provisions and exceptions: 

  An exemption for SMEs from the obligation to appoint a Data 

Protection Officer; 

  A risk-based approach within the obligation to conduct a Data 

Protection Impact Assessment; 

  Specific measures for SMEs in the context of the Commission 
implementing or delegated acts, such as lighter documentation 
requirements; 

  Provisions  included  for  Subject  Access  Request  Fees  that 

businesses can request in case of abuse. 

Amendments to REFIT objectives by co-legislator 

Some  exemptions  and  specific  provisions  for  SMEs  proposed  by  the 
Commission were changed in first reqding by the European Parliament 
to a general risk-based approach, differentiating not between the size of 
companies  but  between  the  number  of  data  subjects  whose  personal 
data are being processed.  

Specific  measures  and  exemptions  would  therefore  apply  to  "an 
enterprise or an organisation that is processing personal data only as an 
activity  ancillary  to  its  main  activities".  This  was  explained  by  the 
argument  that  a  small  organization  with  just  a  few  employees  can 
control a huge amount of sensitive personal data and vice versa.  

EP Position 

Council Position 

Not yet applicable as this stage in the procedure has not been reached. 

Assessment of final 
outcome 

Not yet applicable as this stage in the procedure has not been reached. 

Women on company boards 

97 

 
 
Proposed legislation 

Proposal for a Directive of Parliament and of the Council on improving 
the gender balance among non-executive directors of companies listed 
on stock exchanges and related measures 

Status 

Proposal from the Commission of 14 January 2012 - COM(2012) 614  

Main objectives 

This  proposed  Directive  sets  a  40%  objective  for  the  percentage  of 
members  of  the  under-represented  gender  on  non-executive  boards  of 
publically listed companies by 2020.  

Main REFIT objectives  SME are exempted from the requirement for companies with less than 
40%  of  non-executive  directors 
transparent  selection 
procedures based on neutral selection criteria in order to attain 40 % by 
1 January 2020. 

to  apply 

Amendments to REFIT objectives by co-legislator 

EP Position 

First  reading  report  and  legislative  resolution:  amendments  by 
Parliament do not increase administrative burden for companies. SMEs 
remain  excluded  from  the  scope  of  the  directive.  However,  Member 
States should put in place policies to support and incentivise SMEs to 
significantly improve gender balance on their boards and management 
(amendment  27).  Moreover,  there  are  references  in  recitals  that  the 
Commission should assess whether non-listed public undertakings and 
non-listed  large  undertakings  should  be  included  in  the  scope  in  the 
future (amendments 33 and 34). 

Council Position 

Not yet applicable as this stage in the procedure has not been reached. 

Assessment of final 
outcome 

Package travel 

Proposed legislation 

Not yet applicable as this stage in the procedure has not been reached. 

Proposal for a Directive of Parliament and of the Council on package 
travel and assisted travel arrangements, amending Regulation (EC) No 
2006/2004,  Directive  2011/83/EU  and  repealing  Council  Directive 
90/314/EEC of 13 June 1990 on package travel, package holidays and 
package tours 

Status 

Proposal from the Commission of 9 July 2013 - COM(2013)512  

Main objectives 

The proposal seeks to establish a level playing field between operators, 
remove  legal  obstacles  to  cross-border  trade  and  reduce  compliance 
costs for businesses. 

The  proposal  is  complementary  to  existing  EU  law,  in  particular  the 
Unfair  Contract  Terms  Directive,  the  Unfair  Commercial  Practices 
Directive, the Consumer Rights Directive , the Regulations in the area 
of passenger rights  as well as Directives on electronic commerce and  
on services in the internal market.  

98 

 
 
Main REFIT objectives  The  Package  Travel  proposal  will  reduce  compliance  costs  for 

businesses by 

• creating a level playing field between different operators, 

• abolishing outdated requirements to reprint brochures, thereby saving 
tour operators and travel agents an estimated €390 million per year, 

•  excluding  managed  business  travel  from  the  Directive,  which  is 
expected to lead to savings of up to € 76 million per year, 

•  providing  EU-wide  rules  on  information,  liability  and  mutual 
recognition of national insolvency protection schemes, thus facilitating 
cross-border trade. 

Amendments to REFIT objectives by co-legislator 

EP Position 

In first reading on 12 March 2014, the European Parliament proposed 
amendments aimed at strengthening the Commission proposal.  

Council Position 

The  Council  General  Approach,  adopted  on  4  December  2014, 
maintains the objectives of the Commission proposal. 

Assessment of final 
outcome 

Small claims 

Proposed legislation 

Status 

Main objectives 

Main REFIT objectives 

Not applicable as this stage in the procedure has not yet been reached. 

Proposal for a Regulation of Parliament and of the Council amending 
Regulation  (EC)  No  861/2007  of  the  European  Parliament  and  the 
Council  of  11  July  2007  establishing  a  European  Small  Claims 
Procedure  and  Regulation  (EC)  No  1896/2006  of  the  European 
Parliament  and  of  the  Council  of  12  December  2006  creating  a 
European order for payment procedure  

from 
Proposal 
COM(2013)794  

the  Commission  of  19  November  2013 

- 

The proposal aims to correct shortcomings in the original Regulations 
regarding  legal  certainty,  language  barriers  and  transparency  of 
proceedings and increase the utilisation of the European Small Claims 
Procedure. 

  The proposal increases the existing threshold of €2.000  up to 
€10.000, which would allow a considerable increase of its use 
be SMEs.  

 

It  will  result  in  a  reduction  of  costs  of  court  proceedings  by 
€1.250  per  case  which  otherwise  would  be  dealt  with  in 
national ordinary civil proceedings.  

  Moving  the  number  of  court  cases  from  ordinary  civil 
to  simplified  proceedings  will  reduce  also 

proceedings 
workload of courts.  

99 

 
 
 

It provides for further simplifications of the procedure, making 
it  lighter  and  cheaper  for  the  parties.  It  enhances  the  use  of 
modern communication technologies in the court procedure in 
particular  for  service  of  documents  and  for  carrying  out  oral 
hearings  reducing  the  cost  of  proceedings  by  between  €300 
and €700  per case. 

  The use of electronic service will shorten the court proceedings 

at least for 9 days.  

Amendments to REFIT objectives by co-legislator 

EP Position 

Not yet applicable as this stage in the procedure has not been reached. 

Council Position 

Assessment of final 
outcome 

General agreement reached on 4 December 2014. While still presenting 
a positive progress compared to the present situation, the scope of the 
REFIT  objectives  will  be  reduced  due  to  some  modifications 
introduced  by  the  Council  (in  particular  through  increasing  the 
threshold  only  to  EUR  4,000,  but  also  through  refusing  extension  of 
cross-border  case  definition,  refusing  cap  on  a  court  fees  and  making 
use  of  electronic  means  of  communication  subject  to  availability  of 
technical means). 

Not yet applicable as this stage in the procedure has not been reached. 

Misleading and Comparative Advertising* 

Proposed legislation 

Revision  of  Directive  2006/114/EC  concerning  misleading  and 
comparative advertising (“Business Marketing Directive”) 

Status 

Under preparation 

Main objectives 

Main REFIT objectives 

Adoption by the Commission planned for the end of 2015. 

Preparation of a proposal for a Business Marketing Directive are 
focusing on bringing improved protection, simplification and clarity in 
relation to misleading marketing practices and comparative advertising 
The  preparations  focus  on  simplifying  and  streamlining  the  scope  of 
protection  in  business-to-business  transactions,  clarifying  what  is 
prohibited  (including  through  the  definition  of  a  “black-list”  of 
prohibited  practices)  and  making  it  easier  for  businesses  to  find  out 
where to complain and how to obtain help if they have been the victim 
of  misleading  advertising.  The  benefit  of  such  a  Directive  for  the 
SMEs, (to reduce costs relating  to the misleading  marketing practices 
where  SMEs  cannot  themselves  enforce  their  right  effectively)  could 
amount to €419-€477 million per year. 

Amendments to REFIT objectives by co-legislator  

Not yet applicable as this stage in the procedure as not yet been reached. 

100 

 
 
 
Company law 

Existing/Proposed 
legislation 

Codification of 6 Company Law Directives: 

Directives 82/891, 89/666, 2005/56, 2009/101, 2011/35, 2012/30 

Status 

Codification planned for 2015.  

Main objectives of the 
initiative 

Bringing together six directives in the area of EU company law and all 
related  amendments  in  a  single  new  act  without  introducing  any 
substantive changes. 

Main REFIT objectives  To  codify  into  one  instrument  various  company  law  directives  to 

increase transparency and readability 

Amendments to REFIT objectives by co-legislator  

Not yet applicable as this stage in the procedure has not yet been reached. 

Consumer product safety*  

Existing/Proposed 
legislation 

Proposal  for  a  regulation  of  the  European  Parliament  and  of  the 
Council  on  consumer  product  safety  and  repealing  Council  Directive 
87/357/EEC and Directive 2001/95/EC 

Status 

Proposal from the Commission of 13 February 2013 - COM(2013) 78 

Main objectives 

REFIT objectives 

  Choice  of  Regulation  as  legal  instrument  to  ensure  more  uniform 
application  of  general  product  safety  rules  and 
to  avoid 
divergences  between  Member  States  (level  playing  field  for 
businesses); 

  Alignment  of  the  general  obligations  of  economic  operators  to 
ensure safety of all consumer products with clearer responsibilities 
for manufacturers, importers and distributors; 
Improved traceability of consumer products throughout the supply 
chain – enabling a swift and effective response to safety problems 
(e.g. recalls); 

 

  Streamlined  procedures  to  obtain  standards  in  support  of  the 

general safety requirement. 

  Simpler set of more common requirements for economic operators 
in  terms  of  labelling,  traceability  and  information  obligations 
applicable across all product sectors;  

  Reduction of administrative burden (mostly to the benefit of small 
retailers) due to exemption from certain notif  ication obligations in  
cases  where  the  risk  has  already  been  fully  controlled  by  the 
economic  operators  so  that  information  of  authorities  would  not 
provide added value;  

  Commitment  of 

the  Commission 
assistance for SMEs before the new regulation is applied. 

to  provide  guidance  and 

Amendments to REFIT objectives by co-legislator 

101 

 
 
EP Position 

Several  amendments  would  add  additional  obligations  on  economic 
operators in addition to the currently applicable provisions of Decision 
768/2008 (e.g. procedural requirements for sample testing, drawing up 
of  product  model  lists).  They  would  negatively  impact  the  objectives 
on simplification and administrative burden reduction.  

Council Position 

Not yet applicable as this stage in the procedure has not been reached. 

Assessment of final 
outcome 

Not yet applicable as this stage in the procedure has not been reached. 

Market surveillance  

Existing/Proposed 
legislation 

94/9/EC, 

Proposal  for  a  Regulation  on  market  surveillance  of  products  and 
amending  Council  Directives  89/686/EEC  and  93/15/EEC,  and 
97/23/EC, 
Directives 
94/25/EC, 
1999/5/EC,2000/9/EC,  2000/14/EC,  2001/95/EC, 
2004/108/EC, 
2006/42/EC,  2006/95/EC,  2007/23/EC,  2008/57/EC,  2009/48/EC, 
2009/105/EC,  2009/142/EC,  2011/65/EU,  Regulation 
(EU)  No 
305/2011,  Regulation  (EC)  No  764/2008  and  Regulation  (EC) 
No765/2008 of the European Parliament and of the Council. 

95/16/EC, 

Status 

Proposal from the Commission of 13 February 2013 - COM(2013)75 

Main objectives 

REFIT objectives  

  Clarification  of    the  regulatory  framework  for  market  surveillance 
in  the  field  of  non-food  products  with  the  merging  of  rules  on 
market  surveillance  of  the  General  Products  Safety  Directive 
2001/95/EC,  Regulation  (EC)  765/2008  and  many  sector-specific 
pieces  of  Union  harmonisation  legislation  into  a  single  legal 
instrument that applies horizontally across all sectors; 

  Establishment  of  a  uniform  framework  for  enforcement  activities 
by  national  authorities,  avoiding  double  checks  of  products  and 
improving  cooperation  between  authorities  and  economic 
operators;  

  Establishment  of  a  framework  for  regular  consultation  with 
business  (incl.  SMEs)  and  other  stakeholders  on  implementation, 
including through the European Market Surveillance Forum; 

  Streamlined procedures for the notification of dangerous products, 
and synergies between the existing Rapid Alert Information System 
(RAPEX)  and  the  Information  and  Communication  System  for 
Market Surveillance (ICSMS). 

  Better  protection  of  business,  in  particular  SMEs,  against  unfair 

competition from non-compliant products;  

  Clarity  regarding  procedures 

to  product  recall  or 
withdrawal  subject  to  the  principle  of  proportionality,  right  to  be 
heard and access to legal remedies.  

leading 

Amendments to REFIT objectives by co-legislator 

EP Position 

1st  reading  position  adopted  on  15  April  2014:  No  amendment  to 
REFIT  objectives,  some  amendments  concerning  penalties  could  be 
counter-productive to a level playing field for businesses.   

102 

 
 
Council Position 

Not yet applicable as this stage in the procedure has not been reached. 

Assessment of final 
outcome 

Not yet applicable as this stage in the procedure has not been reached. 

Identity and Travel Documents 

Existing/Proposed 
legislation 

Proposal  to  amend  Council  Regulation  (EC)  No  2252/2004  on 
standards  for  security  features  and  biometrics  in  passports  and  travel 
documents issued by Member States and Council Regulation (EC) No 
1030/2002  of  13  June  2002  laying  down  a  uniform  format  for 
residence permits for third-country nationals.  

Status 

Planned  

Main objectives of the 
initiative 

Legislative  proposal  aiming  at  removing  obstacles  and  simplifying 
formalities  for  EU  citizens  and  their  family  members  who  live  in  an 
EU  country  other  than  their  own  in  relation  with  ID  and  residence 
documents  and  facilitating  the  work  of  national  authorities  through 
increased  harmonisation  and  security  of  such  documents  on  the  basis 
of  article  77  TFEU  possibly  in  conjunction  with  article  21  TFEU 
completing  the  existing  acquis  on  uniform  formats  for  identity  and 
residence documents. 

Main REFIT objectives  Simplification 

Amendments to REFIT objectives by co-legislator  

(not yet applicable as this stage in the procedure has not yet been reached) 

Emergency Travel Documents 

Existing/Proposed 
legislation 

Proposal  to  replace  the  Decision  of  the  Representatives  of  the 
Governments of the Member States (96/409/CSFP) meeting within the 
Council of 25 June 1996 on the establishment of an emergency travel 
document (OJ L 168 of 6 July 1996, p. 4) 

Status 

Planned  

Main objectives of the 
initiative 

Legislative  proposal  for  the  communitarisation  of  the  sui  generis 
decision  on  emergency  travel  documents  aiming  at  simplifying 
formalities  for  unrepresented  EU  citizens  in  third  countries,  whose 
passport  or  travel  document  has  been  lost,  stolen  or  destroyed,  and 
ensuring  that  they  can  be  issued  an  Emergency  Travel  Document  by 
any other Member State to travel back home. 

Main REFIT objectives  Simplification 

Amendments to REFIT objectives by co-legislator  

103 

 
 
 
(not yet applicable as this stage in the procedure has not yet been reached) 

Withdrawals: 

Pregnant Workers 

Existing/Proposed 
legislation 

Proposal for a revised Directive on pregnant workers (COM(2008)637) 

Status 

Planned 

Main objectives of the 
initiative 

As part of its work programme for 2015, the Commission decided on 
16  December  2014  that  this  proposal  should  be  withdrawn  if  no 
agreement could be reached in legislative procedure by June 2015. 

Main REFIT objectives  Withdrawal 

Evaluations and Fitness Checks: 

Consumer Law* 

Scope 

Fitness Check on legal acts related to consumer rights and advertising: 

  Directive  2005/29/EC  on  unfair  business 

to  consumer 

commercial practices; 

  Directive  1999/44/EC  on  certain  aspects  of  the  sale  of 

consumer goods and associated guarantees; 

  Directive 93/13/EEC on unfair terms in consumer contracts. 

Status 

Planned to be finalised in Q4 2016. 

Equal Treatment in Social Security 

Scope 

  Evaluation  of  legislation  regarding  equal  treatment  in  social 
security  covering  Council  Directive  79/7/EEC  on 
the 
progressive implementation of the principle of equal treatment 
for men and women in matters of social security 

Status 

Planned to start in Q1/2015 andplanned to be finalised in Q4 2015 

European Enforcement Order for Uncontested Claims 

Scope 

Evaluation  of  legislation  on  a  European  Enforcement  Order  for 
uncontested claims covering Regulation (EC) No 805/2004 of 21 April 

104 

 
 
 
 
 
2004 creating a European Enforcement Order for uncontested claims 

Status 

Planned to start in 2018/2019.  

Timeshare, long-term holiday products, resale and exchange contracts 

Scope 

Status 

Evaluation  of Directive 2008/122/EC of the European Parliament  and 
of  the  Council  on  the  protection  of  consumers  in  respect  of  certain 
aspects  of  timeshare,  long-term  holiday  product,  resale  and  exchange 
contracts. 

Report  to  the  European  Parliament  and  the  Council  to  review  the 
application of the Timeshare Directive 2008/122/EC. 

The evaluation started in January 2014 and is expected to be finalised 
in Q4 2015.  

105 

 
 
 
 
 
14. 

MIGRATION AND HOME AFFAIRS 

1.  Better regulation activity and simplification efforts 

To make the law more readable, on 20 January 2015 the Commission adopted a simplification 
proposal  for  the  codification  of  the  Schengen  Borders  Code  with  a  view  to  compile  several 
amendments into one legal text.  

The Commission's proposal to simplify the entry and stay for third-country nationals students, 
researchers  and  other  groups  has  met  resistance  in  Council  and  may  not  achieve  its  full 
simplification  objective.  A  revision  of  the  visa-code  to  introduce  a  more  user-friendly  and 
efficient  common  visa  policy  has  been  adopted  and  is  pending  in  legislative  procedure;  the 
codification of legislation on visa lists is in preparation.  

Assessments  of  the  implementation  of  the  legislation  on  combating  terrorism  and  of  the 
application of the legislation on residence permits for victims of trafficking in human beings 
have  been  concluded.  As  the  possibility  of  issuing  permits  to  third-country  nationals  in 
exchange  for  cooperation  with  the  authorities  is  under-utilised,  the  Commission  will  also 
engage in bilateral exchanges with Member States to achieve full and correct implementation 
of  Directive  2004/81/EC  and  facilitate  further  exchange  of  information  and  good  practices 
through  existing structures.  Three  further  evaluations  will  deliver  results  in  2015  and  two 
evaluations are planned to conclude in 2016 and 2017 respectively. 

On  the  other  hand,  the  opportunity  and  timing  of  the  repeal  of  the  Council  Decision  on  the 
cooperation between financial intelligence units of Member States needs to be re-assessed in 
the  light  of  the  current  security  situation.  Although  cooperation  between  Financial 
Intelligence  Units  for  preventive  purposes  is  regulated  in  the  proposed  4th  anti-money 
laundering  Directive  (COM(2013)  45),  it  does  not  contain  provisions  on  law  enforcement 
cooperation  purposes.  This  should  also  be  seen  in  the  context  of  the  European  Agenda  on 
security  adopted  on  28  April  which  considered  the  possibility  "to  align  and  reinforce  the 
powers of FIUs, as differences in their roles hinders cooperation and information exchange" 
(cf. section 3.2 of the agenda). 

After  years  of  legislative  progress  in  creating  the  regulatory  framework  in  the  field  of 
migration  and  home  affairs,  a  priority  for  the  coming  years  will  be  on  consolidation, 
implementation and evaluation of existing legislation, with many activities to be carried out at 
operational level. The end of the transitional period foreseen in the Treaties on 1 December 
2014 gives the Commission the tools to ensure the proper application of the acquis also in the 
area of police and judicial cooperation in criminal matters. At this occasion, the Commission 
also proposed to repeal 24 obsolete acts in this area39.  

2.  Scoreboard 

39 These proposals are currently with the legislator: COM(2014) 713, COM(2014) 714 and COM(2014) 715. 

106 

 
                                                            
Legislative Actions: 

Visa lists 

Existing/Proposed 
legislation 

Codification of Council Regulation (EC) No 539/2001 listing the 
third  countries  whose  nationals  must  be  in  possession  of  visas 
when crossing the external borders and those whose nationals are 
exempt from this requirement 

Codification 

Status 

In preparation for Q1 2016. 

Main objectives  

All  existing  amending  acts  will  be  codified  into  one  single  new  act 
without introducing any additional amendments. 

Main REFIT objectives   The  codification  of  the  Regulation  will  improve  its  legibility  and 

transparency. 

Amendments to REFIT objectives by co-legislator  

Not yet applicable as this stage in the procedure has not been reached. 

Entry and stay in the EU for third-country nationals students, 
researchers and other groups  

Existing/Proposed 
legislation 

Proposal for a Directive of European Parliament and of the Council on 
the conditions of entry and residence of third-country nationals for the 
purposes  of  research,  studies,  pupil  exchange,  remunerated  and 
unremunerated training, voluntary service and au pairing 

Recasting: 

Directive  2005/71/EC  on  a  specific  procedure  for  admitting  third-
country nationals for the purposes of scientific research 

Directive 2004/114/EC on the conditions of admission of third-country 
nationals  for  the  purposes  of  studies,  pupil  exchange,  unremunerated 
training or voluntary service 

Status 

Proposal  from  the  Commission  of  25 March  2013  –  COM(2013)  151 
still in legislative procedure 

Main objectives  

The  proposal  aims  at  aligning,  simplifying  and  improving  the 
provisions  for  entry  and  stay  of  third-country  national  researchers, 
students,  school  pupils,  unremunerated  trainees  and  volunteers.  Its 
to  support  social,  cultural  and  economic 
overall  objective 
relationships,  foster  the  transfer  of  skills  and  know-how  and  promote 
competitiveness  while,  at  the  same  time,  providing  for  appropriate 
safeguards to ensure fair treatment. 

is 

Main REFIT objectives   Proposal recasting Directives 2004/114/EC and 2005/71/EC, thereby 

streamlining  and simplifying the legislative framework.  

107 

 
 
The proposal  

 

streamlines admission procedures and makes them more 
transparent for applicants (clearer deadlines, information to be 
provided to applicants);  

  provides for fast track  and easier procedures in cases where 
applicants are beneficiaries of EU mobility programme; 

 

facilitates mobility across Member States, based on a single 
authorisation. 

Amendments to REFIT objectives by co-legislator 

EP Position 

Council Position 

Assessment of final 
outcome 

The European Parliament fully supports the proposed simplification of 
the existing framework to improve handling speed and transparency to 
applicants. 

The  European  Parliament  adopted  its  first  reading  position  in  March 
2014  proposing  to  extend  family  reunification  also  to  students,  to 
extend the period allowed for job-seeking and to set up a business to 18 
months and to provide intra-EU mobility rules not only for researchers, 
students and remunerated trainees, but also for unremunerated trainees 
and volunteers. The report also calls for 30 days deadline for decisions 
on applications whereas the Commission proposed 60 days.   

The  Council  supports  the  objective  of  making  the  Union  more 
competitive and attractive for students and researchers but its position 
is less ambitious than the Commission proposal. 

The Council adopted its position in December 2014, proposing to stay 
within  the  scope  of  the  current  Directives  which  would  exclude 
remunerated  trainees  and  au  pairs  and  make  other  categories  than 
students and researchers optional. The period  allowed for job-seeking 
and  to  set  up  a  business  would  be  limited  to  6  months.  Intra-EU 
mobility  rules  would  be  clarified,  but  made  more  restrictive  for 
students. 

Not yet applicable as this stage in the procedure has not been reached. 

Revision of Visa code  

Existing/Proposed 
legislation 

Proposal for amending: 

Regulation  (EC)  No  810/2009  of  the  European  Parliament  and  of  the 
Council establishing a Community Code on visa (Visa Code) 

Status 

Main objectives 

Proposal from the Commission of 1 April 2014 – COM(2014)164 still 
in legislative procedure 

The proposal takes into account the increased political emphasis given 
to  the  economic  impact  of  visa  policy  on  the  wider  European  Union 
economy and to ensure greater consistency with the growth objectives 

108 

 
 
 
of the Europe 2020 strategy.  

The  proposal  also  clarifies  for  the  Schengen  Member  States  the 
respective procedural facilitations of free circulation applying to family 
members of EU citizens under Directive 2004/38/EC in relation to the 
Visa Code.  

Main REFIT objectives   As a result of the proposal to recast the Visa Code, the common  visa 
policy  will  become  more  user-friendly  and  efficient  for  both  the  visa 
applicants and the visa issuing authorities.  

The proposal will introduce a  distinction between first-time travellers 
and regular travellers whereby the latter will benefit from a number of 
procedural  facilitations,  including  having  to  submit  less  supporting 
documents  and,  when  conditions  are  met,  receiving  automatically  a 
multiple entry visa (MEV) with a long period of validity.  

By issuing more MEVs with a long period of validity (up to 5 years), 
the  administrative  burden  for  both  applicants  and  issuing  authorities 
will be greatly diminished. 

Amendments to REFIT objectives by co-legislator  

Not yet applicable as this stage in the procedure has not been reached. 

Codification of Schengen borders Code 

Existing/Proposed 
legislation 

Codification  of  Regulation  (EC)  No  562/2006  of  the  European 
Parliament and of the Council establishing a  Community Code on the 
rules governing the movement of persons across borders 

Status 

Proposal  from  the  Commission  of  20  January  2015  –  COM(2015)  8 
still in legislative procedure  

Main objectives and 
REFIT objectives of the 
initiative 

Codification  of  the  Schengen  Borders  Code.  The  objective  will 
compile  several  amendments  to  the  Schengen  Borders  Code,  such  as 
the use of the Visa Information System (Regulation (EC) No 81/2009) 
and 2013 amendments, into one legal text. 

Amendments to REFIT objectives by co-legislator  

Not yet applicable as this stage in the procedure has not been reached. 

Repeal: 

Former third pillar measures (acquis under the responsibility of DG 
HOME and DG JUST) 

Existing/Proposed 
legislation 

Former third pillar acquis 

Repeal  of  the  legal  acts  related  to  the  area  of  freedom,  security  and 
justice, including the former third pillar acquis, which have exhausted 
all  their  effects  and/or  which  are  no  longer  relevant  because  of  their 

109 

 
 
 
temporary  nature  or  because  their  content  has  been  taken  up  by 
successive acts. 

Status 

Proposals  from  the  Commission  of  28  November  2014  under 
COM(2014) 713, 714 and 715  still in legislative procedure 

Main objectives  

Main REFIT objectives  

In the light of the end of transitional provisions set out in the Protocol 
36 to the Treaty of Lisbon, as from 1 December 2014, the Commission 
has assessed the legal acts related to the area of freedom, security and 
justice  identifying  the  ones  which  have  exhausted  all  their  effects 
and/or which are no longer relevant in order to repeal them. 

 

 

 

Proposal COM(2014) 713 lists 12 legal acts to be repealed in the 
Area of Freedom, Security and Justice 

Proposal COM(2014) 714 lists four legal acts to be repealed in 
the area of police cooperation and judicial cooperation in 
criminal matters 

Proposal COM(2014) 715 lists eight legal acts to be repealed in 
the area of police cooperation and judicial cooperation in 
criminal matters 

Amendments to REFIT objectives by co-legislator  

Not yet applicable as this stage in the procedure has not been reached. 

Evaluations and Fitness Checks: 

Legal migration 

Scope 

Fitness check40 of  

-  Council  Directive  2009/50/EC  on  the  conditions  of  entry  and 
residence of third-country nationals for the purposes of highly qualified 
employment (Blue Card)  

- Council Directive 2003/109/EC concerning the status of third-country 
nationals who are long-term residents   

- Directive 2011/98/EU of the European Parliament and of the Council 
on a single application procedure for a single permit for third-country 
nationals to reside and work in the territory of a Member State and on a 
common  set  of  rights  for  third-country  workers  legally  residing  in  a 
Member State (Single Permit) 

Status 

Fitness Check expected to start in 2016  

40 The Scope might be reviewed upon launch of Fitness Check in 2016 

110 

 
 
 
                                                            
Facilitation of unauthorised entry, transit and residence 

Scope 

Council Directive 2002/90/EC defining the facilitation of unauthorised 
entry,  transit  and  residence  and  of  Council  Framework  Decision 
2002/946/JHA on the strengthening of the penal framework to prevent 
the facilitation of unauthorised entry, transit and residence 

Evaluation 

Status 

Ongoing and planned to be finalised by the end of 2015.  

Visa Information System 

Scope 

Evaluation  of  Regulation  (EC)  No  767/2008  of  the  European 
Parliament and of the Council concerning the Visa Information System 
(VIS) and the exchange of data between Member States on short-stay 
visas 
(VIS  Regulation)  and  Council  Decision  2004/512/EC 
establishing the Visa Information System (VIS) 

Status 

Ongoing and planned to be finalised in Q2 2016. 

FRONTEX including Rapid Border Intervention Teams  

Scope 

Status 

Evaluation  of  Council  Regulation  (EC)  No  2007/2004  establishing  a 
European  Agency  for  the  Management  of  Operational  Cooperation  at 
the External Borders of the Member States of the European Union 

Together with a feasibility study done in 2014 on a European system of 
border  guard,  the  Frontex  external  evaluation  study  will  feed  into  a 
debate on the future of Frontex. 

External evaluation study managed directly by Frontex is ongoing and 
planned to be finalised in Q3 2015. 

Residence permits for victims of trafficking in human beings 

Scope 

Evaluation  of  Council  Directive  2004/81/EC  of  29  April  2004  on  the 
residence  permit  issued  to  third-country  nationals  who  are  victims  of 
trafficking in human beings or who have been the subject of an action 
to  facilitate  illegal  immigration,  who  cooperate  with  the  competent 
authorities 

Status 

Finalised on 17 October 2014 – COM(2014) 635. 

111 

 
 
 
 
Results 

The  available  figures  show  that  the  possibility  of  issuing  permits  to 
third-country nationals in exchange for cooperation with the authorities 
is under-utilised. This will lead the Commission to engage in bilateral 
exchanges  with  Member  States 
full  and  correct 
implementation  of  the  Directive  as  well  as  facilitate  further  exchange 
of information and good practices through existing structures. 

to  achieve 

Council Framework decision on combatting terrorism 

Scope 

Status 

Results 

Evaluation  of  Council  Framework  Decision  2008/919/JHA  amending 
Framework Decision 2002/475/JHA 

Finalised  on  5  September  2014  -  Report  on  the  implementation  of 
Council Framework Decision 2008/919/JHA ,COM(2014) 554. 

Most  Member  States  have  adopted  implementing  measures.  The 
Commission  Report  urges  those  Member  States  which  did  not  yet 
implement  it  to  adopt  the  necessary  legislative  measures  without 
further  delay,  calls  Member  States  to  monitor  and  evaluate  the 
application  of  criminal  law  provisions  on  terrorism  in  practice  and 
underlines  the  need  to  integrate  law  enforcement  efforts  into  a  more 
comprehensive  approach,  which  should  include  early  prevention  of 
radicalisation and recruitment to terrorism. 

Framework Decision on fight against organised crime 

Scope 

Status 

Evaluation of Council Framework Decision 2008/841/JHA on the fight 
against organised crime 

Work  on  an  implementation  report  is  ongoing  and  planned  to  be 
finalised in Q3 2015. 

112 

 
 
 
 
15. 

AGRICULTURE AND RURAL DEVELOPMENT 

1.  Smart regulation activity and simplification efforts 

Under  its  ABR-Plus  Programme,  the  Commission  and  Member  States  worked  together  to 
assess savings to business of measures that had already reached implementation stage. In this 
context,  estimated  cost-reduction  of  small  companies  through  the  exemptions  from  egg-
labelling requirements vary by Member State between 5% and 63% for those Member States 
that were able to report on the achieved savings. 

The Commission also decided to evaluate the School Milk and School Fruit schemes in the 
light of the requirements flowing from subsidiarity, proportionality and better regulation. The 
report of this evaluation is planned by June. 

Simplifying  the  Common  Agricultural  Policy  (CAP)  is  an  important  priority  for  the  new 
Commission. It is guided by three main principles: 

 

the basic political decisions taken in the 2013 CAP reform should be respected, 

  simplification  proposals  should  not  lead  to  a  weakening  of  sound  financial 

management or to any increase in errors in CAP expenditure, 

  priority  should  be  given  to  those  areas  about  which  farmers  and  other  CAP 

beneficiaries are most concerned. 

The  Commission  is  currently  carrying  out  a  comprehensive  screening  exercise  of  the  entire 
agricultural  acquis  with  a  view  to  identifying  simplification  and  subsidiarity  possibilities. 
Moreover,  it  is  analysing  a  large  number  of  simplification  proposals  from  Member  States, 
members  of  the  European  Parliament  and  stakeholders.  Both  exercises  should,  once 
completed, lead to concrete proposals for simplifying the Union’s agricultural legislation. 

To this end, a Task-Force has been set up to scrutinise Commission level regulations related 
to the Common Market Organisation (CMO) with the objective to undertake a systematic and 
substantial  review  of  the  rules  against  the  main  drivers  of  simplification,  reduction  of  error 
rate, and improved coherence/consistency. It is estimated that the the number of acts can be 
reduced from 200 to 40. 

2.  Scoreboard 

Legislative Actions: 

State aid rules in agriculture 

Existing/Proposed 
legislation 

'De Minimis' Regulation: 

  Commission  Regulation  (EU)  No  1408/2013  of  18  December 
2013 on the application of Articles 107 and 108 of the Treaty 
on the Functioning of the European Union to de minimis aid in 
the  agriculture 
replacing 
Commission Regulation (EC) n° 1537/2007.  

sector.  This  Regulation 

is 

State Aid Guidelines: 

113 

 
  European Union Guidelines for State aid in the agriculture and 
forestry sector and in rural areas 2014-2020 (2014/C 204/01) 

Regulation on block-exemptions: 

  Commission  Regulation  (EU)  No  702/2014  of  25  June  2014 
declaring  certain  categories  of  aid  in  the  agricultural  and 
forestry sectors and in rural areas compatible with the internal 
market in application of Articles 107 and 108 of the Treaty on 
the Functioning of the European Union (OJ L 193, 1.7.2014, p. 
1). 

Status 

'De Minimis' Regulation: 

  Adoption  by 

the  Commissionon  18  December  2013 
(Regulation (EU) No 1408/2013). Date of application on 1 July 
2014.]  

Main objectives 

Overall review of the state aid legislation in the agricultural sector. 

  The  revised  rules  on  de  minimis  state  aid  for  the  agricultural 
sector allow Member States to grant rapidly small amounts of 
support  without  distorting  competition.  This  simplifies 
procedures. 

  The  block  exemption  regulation  and  the  guidelines  both 
expired  on  30  June  2014.  The  rules  have  been  revised  with  a 
view to making them more economically significant, focusing 
on  cases  with  real  impact  on  competition  and  trade  in  the 
Single Market as well as simplifying rules and procedures and 
relieving burden on SMEs as well as MS' administrations and 
the Commission. The revision was carried out in the context of 
the  the  CAP  reform  and  the  horizontal  project  of  State  Aid 
Modernisation (SAM) and aimed at achieving in particular the 
following objectives: 

o 

o 

o 

o 

o 

to align the agricultural state aid rules with the new 
horizontal state aid instrument; 

to contribute to the achievement of the objectives of 
the recently adopted CAP reform; 

to ensure that the agricultural state aid rules are 
coherent with the support measures under the  new 
rural development regulation; 

to take into account certain new needs, such as aid for 
damage caused by protected wild animals; 

to simplify procedures and allow the Commission to 
focus on the most distortive aid measures. 

REFIT objectives 

'De Minimis' Regulation: 

The regulation allows MS to grant smaller amount of support without 

114 

 
having to comply with any of the procedural requirements for granting 
state  aid.  The  de  minimis  threshold  has  been  raised  to  EUR  15  000 
under  the  revised  rules  in  order  to  further  simplify  the  granting 
procedures.  The  rules  have  also  been  aligned  with  those  of  the  new 
general de mininimis regulation. 

State Aid Guidelines and Regulations on block-exemption: 

The  agricultural  state  aid  guidelines  and  the  block  exemption 
regulation  were  being  aligned  with  the  new  horizontal  state  aid 
instruments,  such  as  the  general  block  exemption  regulation  and 
various horizontal state aid guidelines.  

The  rules  were  also  being  adapted  in  order  to  ensure  coherence  with 
the  support  measures  established  under  the  new  rural  development 
regulation. This makes it possible to streamline  procedures as regards 
state aid clearance and the approval of rural development programmes, 
so as to improve overall effectiveness and efficiency.   

The  scope  of  the  guidelines  has    been  extended  to  include  aid  for 
damage caused by protected wild animals. This aid had  previously to 
be  approved  directly  on  the  basis  of  the  TFEU.  The  inclusion  in  the 
guidelines has resulted in enhanced transparency and legal certainty, as 
there are clear conditions for the granting of the aid. 

The  scope  of  the  block  exemption  regulation  has  been  extended  to 
cover  new  categories,  such  as  forestry,  culture  and  heritage 
conservation  and  aid  linked  to  natural  disasters.  The  extension  of  the 
block  exemptions  reduces  "red  tape"  and  allows  the  Commission  to 
focus  on  the  most  distortive  aid  measures,  in  line  with  the  SAM 
objectives.   

Member State Implementation 

Date of entry into force 

'De Minimis' Regulation: 1 January 2014  

State  Aid  Guidelines  and  Regulation  on  block-exemptions:  applicable 
since 1 July 2014. 

Implementation 
reported by Member 
States 

No data available yet. 

115 

 
 
Organic farming 

Existing/Proposed 
legislation 

Commission proposal to revise:  

  Council  Regulation  (EC)  No  834/2007  of  28  June  2007  on 
production  and  labelling  of  organic  products  and  repealing 
Regulation (EEC) No 2092/91; - Commission Regulation (EC) 
No 889/2008 of 5 September 2008 laying down detailed rules 
for  the  implementation  of  Council  Regulation  (EC)  No 
834/2007  on  organic  production  and  labelling  of  organic 
products  with  regard  to  organic  production,  labelling  and 
control  

  Commission  Regulation  (EC)  No  1235/2008  of  8  December 
2008 laying down detailed rules for implementation of Council 
Regulation (EC) No 834/2007 as regards the arrangements for 
imports of organic products from third countries  

Status 

Proposal from the Commission of 24 March 2014 – COM(2014) 180 

Main objectives 

Review and simplification of the legal framework for organic farming. 

Specifically, the proposal intends to:  

 

remove  obstacles  to  the  sustainable  development  of  organic 
production in the European Union, 

  guarantee  fair  competition  for  farmers  and  operators  and 

improving the functioning of the internal market, 

 

achieve a level playing field inside the Union and with respect 
to imported products, 

  maintain or improve consumer confidence in organic products, 

 

stimulate the growth of the organic market and of the number 
of corresponding jobs. 

REFIT objectives 

The proposal includes the following simplification benefits: 

 

Improvements to the overall quality of the legislation including 
clarifications  and  the  filling  of  legislative  gaps,  improved 
accessibility  as  the  specific  organic  production  rules  are 
gathered in one Annex of the Regulation; 

  production  rules:  removal  of 

ineffective  provisions  and 
simplification  of  procedures  for  operators  and  national 
administrations, 
limiting 
exceptions,  reinforcement  of  a  risk-based  approach  on 
controls; 

harmonisation 

improved 

by 

 

 

imports:  simplification  of  compliance  regime  for  control 
bodies; 

farmers:  significant  simplification 

small 
through  group 
certification  allowing  for  more  proportionate  inspection  and 
record-keeping requirements; 

116 

 
 
Amendments to REFIT objectives by co-legislator 

EP Position 

Discussions  in  Parliament  so  far  have  not  led  to  questioning  the 
simplification objectives pursued by the Commission. 

Council Position 

It is expected that a General approach of the Council on a compromise 
text of the Presidency covering the whole proposal will be adopted by 
the Council before the end of the Latvian Presidency. 

Assessment of final 
outcome 

ABRPlus follow-up 

Egg labelling 

Existing/Proposed 
legislation 

Not yet applicable as this stage in the procedure has not been reached. 

Regulation (EU) No 1308/2013 of the European Parliament and of the 
Council of 17 December 2013 establishing a common organisation of 
the markets in agricultural products and repealing Council Regulations 
(EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 
1234/2007 

This  Regulation  replaced  Council  Regulation  (EC)  No.  1234/2007  of 
22  October  2007  establishing  a  common  organisation  of  agricultural 
markets  and  on  specific  provisions  for  certain  agricultural  products 
(Single CMO Regulation) 

Commission  Regulation  (EC)  No  589/2008  of  23  June  2008  laying 
down  detailed  rules  for  implementing  Council  Regulation  (EC)  No 
1234/2007 as regards marketing standards for eggs 

Status 

It applies with effect from 1 July 2007  

Main objectives and 
REFIT objectives 

  Member  States  can  exempt  small  egg  producers  from  the 
requirement  to  mark  eggs  with  the  producer  code,  when  the 
eggs are sold directly to the consumer on a local market; 

 

 

Introduction  of  a  single  10-day-limit  for  collecting,  grading, 
marking,  packing  of  eggs  and  marking  of  packs,  in  order  to 
allow  producers  and  packing  stations  to  better  organise  their 
daily  work  by  planning  the  collection,  grading  marking  and 
packing of eggs in a more rational way; 

Introduction  of  less  rigid  requirements  as  regards  equipment 
for  packing  stations  and  increased  flexibility  for  operators  as 
regards record keeping, in order to facilitate the organisation of 
business activities; 

  The estimated total cost savings at the time of the Commission 
proposal  were  EUR  1,29  billion.  Taking  into  account  the 
"business  as  usual  factor",  which  was  considered  to be  53  %, 
the  total  administrative  burden  reduction  was  estimated  toat 
aroundto EUR 607 million.  

117 

 
Member State Implementation 

Date of  application 

1 July 2007 

Implementation 
reported by Member 
States 

Regulation (EU) No 1308/2013 introduces simplification options for 
Member States to exempt producers with less than 50 laying hens from 
labelling requirement. 

  11 Member States fully implemented both exemptions. (BG, 

CZ, EE, IE, IT, CY, LT, PT, SL, SE, UK). A further 5 Member 
States said that they fully implemented the measure, though it is 
unclear if they implemented both (EL, ES, HU, NL, SK).   

  6 Member States partially implemented the measure, which 

means only one of the exemption requirements (DK, DE, LV, 
MT, AT, FI).  

In  5  Member  States  that  fully  implemented  the  requirments  cost 
reductions were estimated to range between 9% and 63% (CZ, LV, SI, 
SE,  UK),  while  the  initial  estimation  by  the  Commission  predicted 
savings  of  administrative  burden  of  around  44%  .  Overall,  available 
to  provide  a  conclusive 
insufficient 
quantitative  evidence  was 
assessment of impacts of the measure on the ground. 

Evaluations and Fitness checks 

Evaluation of the POSEI programme 

Scope 

The  evaluation  will  assess  the  effectiveness,  efficiency,  relevance, 
coherence  and  EU  value  added  of  the  POSEI  programmes,  covering 
the  Outermost  Regions:  the  Canary  islands  (Spain),  the  Azores  and 
Madeira (Portugal) and the French overseas departments (Guadeloupe, 
French Guiana, Réunion, Martinique and Mayotte)  from the entry into 
force  of  Regulation  (EU)  No  247/2006  until  at  least  2014.   Mayotte 
will only be covered in the descriptive part and case study reports.  

It  will  also  take  into  account  the  implementation  of  the  Rural 
Development  Programmes  for  these  areas  as  well  as  the  relevant 
elements of the direct payments and single CMO regulation and other 
EU and national legislation having an impact on the performance of the 
POSEI programmes. 

Given the similarities in objectives and measures, the evaluation covers 
also the measures introduced by Regulations (EU) No 1405/2006 and 
(EU) No 229/2013 for the smaller Aegean islands, from the entry into 
force of Regulation (EU) No 1405/2006 onwards until at least 2014. 

Status 

Evaluation work to start Q2 2015. Planned end date: first half 2016. 

118 

 
 
 
 
Evaluation  of  the  market  and  trade  implication  of  veal  marketing 
standards rules 

Scope 

Status 

Results 

The  evaluation  examined  the  relevance  and  effectiveness  of  the  veal  and 
young  cattle  meat  marketing  and  labelling  rules  established  by  Regulation 
(EC) No 700/20071 (hereunder ‘the Regulation’) with respect to achieving 
the  objectives  laid  down  in  this  regulation,  as  well  as  its  coherence  with 
other  relevant  measures  applied  under  the  CAP.  The  eight  key  veal 
producing Member States were covered.  

The Regulation established that the terms ‘veal’ and ‘young cattle meat’ (in 
their  national  equivalents)  can  be  applied  only  to  the  meat  of  bovine 
animals  aged  12  months  or  less  and  it  defined  two  categories  of  bovine 
animals aged 12 months or less: 1) Category V: bovine animals aged eight 
months or less; 2) Category Z: bovine animals aged more than eight months 
but  not  more  than  twelve  months.  It  also  provided,  for  each  category,  in 
each  Member  State,  a  closed  list  of  the  sales  descriptions,  taking  into 
account different local traditions. 
1  Council  Regulation  (EC)  No  700/2007  on  the  marketing  of  the  meat  of 
bovine animals aged 12 months or less, later integrated into Article 78(a) of 
Regulation  (EU)  No  1308/2013  of  the  European  Parliament  and  of  the 
Council establishing a common organization of the markets in agricultural 
products (Annex VII). 

Evaluation finalised in November 2014. 

The evaluation showed that the main impact of the  Regulation was to lead 
Dutch producers to reduce the fattening cycle from twelve to eight months, 
for  part  of  the  veal  calf  production.  Other  market  trends  remained 
unchanged:  national  consumption,  internal  trade  and  breeders’  income. 
Overall, the Regulation led to a clarification of the situation on the market 
caused by a previous lack of definition of 'veal' and improved functioning of 
the veal market.  

The  evaluation  also  showed  that  consumers  were  little  aware  of  these 
labelling  rules  and  that  the  existence  of  different  sales  descriptions 
depending on the country, even when they share the same language, could 
be confusing. 

The  information  available  through  control  systems  implemented  by 
National Authorities, under the European Commission supervision, did not 
allow  drawing  a  judgement  on  adequacy  of  the  control  system.  However, 
the reporting of the Member States to the Commission was considered not 
sufficient to allow a proper monitoring of the controls. 

Three  recommendations  were  proposed:  seek  consistency  between  sales 
descriptions  from  one  Member  State  to  another,  increase  consumer 
awareness  about  the  standards,  and  improve  the  reporting  quality  of  the 
control system. 

119 

 
 
16. 

MARITIME AFFAIRS AND FISHERIES 

1.  Smart regulation activity and simplification efforts 

In 2011 a major reform of the EU Common Fisheries Policy (CFP) started which continues 
efforts  to  simplify  and  reduce  unnecessary  burdens.  The  new  basic  Regulation  and  the 
“Common Markets Organisation Regulation” were adopted by the co-legislator in December 
2013. 

The  legislative  proposal  for  a  new  framework  for  technical  conservation  measures  is  in 
preparation. It is scheduled to be adopted during the 3rd quarter of 2015. Political agreement 
between the Council and European Parliament has  recently been  reached on a  proposal that 
aims to remove any legal and practical impediments to the implementation of the obligation to 
land all catches ("the landing obligation" introduced in the new CFP  that exist n the current 
technical  measures  Regulations.  This  “Omnibus  Regulation”  is  very  much  a  temporary 
solution  pending  the  development  of  the  new  framework  for  technical  measures  which  will 
introduce the improvements needed for effective and smooth implementation of the new CFP.  

In the past year, an extensive consultation has been carried out on the legislative proposal for 
the reviewed Fishing Authorisation Regulation (FAR). The proposal is planned to be adopted 
in the 3rd quarter of 2015. 

Preparatory work has recently started for the evaluation of the impact of the fisheries control 
regulation. The projects is planned to be completed by the 1st quarter of 2016. 

In 2013, an internal Action Plan for the simplification of legislation in the area of maritime 
affairs and fisheries was launched. Some 720 obsolete Commission acts have been identified 
and the first administrative steps for their removal from the active part of EU legislation have 
been  taken.  Based  on  an  inventory  of  the  legislation,  also  established  as  part  of  the 
simplification Action Plan, a comprehensive and systematic screening to identify candidates 
for  repeals,  fitness  checks  and  evaluations  focusing  on  the  reduction  of  regulatory  and/or 
administrative  costs  and  burdens  is  now  taking  place  with  the  attention  at  the  start  of  the 
exercise being put on the areas mostly concerned by reporting requirements. 

2.  Scoreboard  

Legislative actions:  

Reform of the Common Fisheries Policy 

Adopted legislation  Regulation (EU) No 1380/2013 of the European Parliament and of the Council 
of  11  December  2013  on  the  Common  Fisheries  Policy,  amending  Council 
Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council 
Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 
2004/585/EC, adopted on 11 December 2013 

Status 

Implementation by Member States 

120 

 
It applies with effect from 1 January 2014 - Regulation (EU) No 1380/2013  

Main objectives 

To ensure that fishing and aquaculture activities provide long-term sustainable 
environmental,  economic  and  social  conditions  and  contribute 
the 
availability of food supplies;  

to 

Main REFIT 
objectives  

Simplify  the  implementation  procedures  of  the  Common  Fisheries  Policy 
(CFP)  covering  from  conservation  of  marine  biological  resources  through 
market organisation to aquaculture.  

regional  approach 

Introduce  a 
to  management.  Decentralisation  and 
empowerment  of  stakeholders  is  expected  to  increase  compliance.  The 
Regulation  will  set  the  general  principles,  overall  targets  and  timeframes, 
Member States will decide, in cooperation with the local industry, the measures 
to achieve targets on deadline. This approach will reduce regulatory burden and 
increase  flexibility,  acceptance  and  ownership  by  operators  and  thus  better 
compliance. 

Simplify  the  acquis  by  integrating  in  the  CFP  Regulation  the  measures  on 
conservation  and  sustainable  exploitation  of  fisheries  resources,  the  measures 
on  the  management  of  fishing  fleets  registered  in  the  Community  outermost 
regions;  the  measures  concerning  the  Regional  Advisory  Councils;  and  the 
Data collection framework (the integration of the latter was not retained in the 
adopted text). 

Amendments to REFIT objectives by co-legislator 

EP Position 

Simplification objectives generally supported by the European Parliament. 

Council Position 

Simplification objectives generally supported by the European Council. 

Assessment of final 
outcome 

The  proposed  simplification  objectives  were  achieved  with  no  significant 
variations from the Commission proposal. 

Member State Implementation 

Date of  application 

1 January 2014 

Implementation 
reported by Member 
States 

No data available yet.  

Common market organisation in fishery and aquaculture 

Existing/Proposed 
legislation 

Regulation (EU) No 1379/2013 of the European Parliament and of the Council 
of  11  December  2013  on  the  common  organisation  of  the  markets  in  fishery 
and  aquaculture  products,  amending  Council  Regulations  (EC)  No  1184/2006 
and (EC) No 1224/2009 and repealing Council Regulation (EC) No 104/2000, 
adopted on 11 December 2013 

Status 

Implementation by Member States 

It applies with effect from 1 January 2014  

121 

 
 
General objective 

To ensure that the common  organisation of the common  markets for fisheries 
and  aquaculture  products  contributes  to  achieving  the  objectives  of  the  new 
CFP. It aims to strengthen the competitiveness of the EU industry, improve the 
transparency  of  the  markets,  and  ensure  a  level  playing  field  for  all  products 
marketed in the Union. 

Main objectives of 
the REFIT initiative 

As  part  of  the  Reform  package  of  the  CFP,  it  reduces  27  legal  acts  (four 
Council Regulations and 23 Commission implementing Regulations) to 3 legal 
Acts (1 co-decided Regulation and 2 implementing acts). 

The  yearly  Regulations  fixing  the  parameters  for  the  operation  of  the 
intervention  mechanisms  (i.e.  one  Council  Regulation  and  6  Commission 
implementing  Regulations)  are  abolished.  The  6  intervention  mechanisms  are 
reduced  to  a  single  storage  one.  This  strongly  reduces  the  notification  and 
reporting obligations for both Member States and producer organisations. 

The  CMO  instruments  will  be  financed  by  a  single  fund  (the  European 
Maritime  and  Fisheries  Fund)  instead  of  the  current  European  Agricultural 
Guarantee Fund and the European Fisheries Fund. 

Amendments to REFIT objectives by co-legislator 

EP Position 

Simplification  objectives  generally  supported  by  the  European  Parliament. 
However, a new information obligation was introduced to indicate the fishing 
gear category used in the labelling of the products caught at sea. 

Council Position 

Simplification objectives generally supported by the European Council. In the 
negotiations  a  new  information  obligation  was  limited  to  a  list  of  seven 
categories of gears. 

Assessment of final 
outcome 

The  Regulation  contributes  to  a  major  simplification  of  the  acquis  by 
integrating  27  legal  acts  (four  Council  Regulations  and  23  Commission 
implementing Regulations) into 3 legal Acts (1 co-decided Regulation and 2 
implementing acts).  

In addition, the yearly Regulations fixing the parameters for the operation 
of  the  intervention  mechanisms  (i.e.  one  Council  Regulation  and  6 
Commission  implementing  Regulations)  have  been  repealed  and  the  6 
intervention  mechanisms  are  reduced  to  a  single  storage  one.  This 
increases  transparency  and  despite  the  new  information  obligation  on 
fishing gears introduced by the co legislator, the new Regulation strongly 
reduces the notification and reporting obligations for both Member States 
and  producer  organisations  as  proposed  by  the  Commission.  Therefore, 
the  major  burden  reductions  sought  by  the  Commission  were  achieved, 
with  only  a  relatively  small  addition  of  an  information  obligations 
introduced by Parliament.  

Member State Implementation 

Date of  application 

1 January 2014, with the exception of Chapter IV on consumer information  and 
Article  45  (Amendments  to  Regulation  (EC)  No  1224/2009  'the  control 
regulation') which shall apply from 13 December 2014. 

Implementation 
reported by Member 

No data available yet.  

122 

 
States 

Technical Measures for the Protection of Marine Organisms  

Existing/ 

Proposal for a simplified framework of technical measures amending: 

Proposed legislation 

Council  Regulation  (EC)  No  850/98  for  the  conservation  of  fishery  resources 
through technical measures for the protection of juveniles of marine organisms.  

Status 

Under preparation  

General objectives 

To ensure the protection and conservation of marine biological resources and the 
reduction  of  the  impact  of  fishing  activities  on  fish  stocks  and  on  marine  eco-
systems provisions 

Main objectives of 
the REFIT initiative 

To develop a new simplified technical measures framework in the context of the 
reform of the CFP. Integrating the different technical measures regulations in an 
overall  regulation  and  implementing  rules  per  sea-basins.  A  similar  integration 
was achieved as regards control in 2009 with dispersed control provisions being 
gathered  into  a  single  consistent  instrument.  Control  techniques  will  evolve  in 
line with technological developments.  

The new landing obligation requires existing legal and practical impediments to 
be  removed  while  the  new  framework  is  being  developed,  the  proposal  for  a 
“Omnibus Regulation” to amend, among other, the existing technical measuresI 
as a first step to adapt the “acquis” to the new CFP.   

Amendments by co-legislator  

Not yet applicable as this stage in the procedure as not yet been reached. 

Fishing authorisation 

Existing/ 

Proposed legislation 

Proposal  for  a  Regulation  of  the  European  Parliament  and  of  the  Council 
replacing Council Regulation (EC) No 1006/2008 on fishing authorisations.  

Status 

Under preparation  

Main objectives 

Revision of the current Fishing Authorisation Regulation (FAR) 

123 

 
 
 
 
Main objectives of 
the REFIT initiative 

Revision of the current Fishing Authorisation Regulation (FAR) to simplify the 
current  system,  harmonise  highly  variable  data  requirements  from  Member 
States and improve the efficiency of sanctions. 

The  proposed  Regulation  will  ensure  consistency  between  the  FAR,  the  IUU 
(rules  to  combat  illegal,  unreported  and  unregulated  fishing)  and  control  legal 
frameworks; as well as with the objectives of the External Dimension of the CFP 
policy in terms of sustainability and enforcement. 

The  proposal  will  also  prevent  repetitive  and  abusive  reflagging,  and  regulate 
private  authorisations  (granted  outside  FPA)  and  simplify  and  clarify  tasks 
between the Commission and Member States' authorities. 

Amendments to REFIT objectives by co-legislator  

Not yet applicable as this stage in the procedure as not yet been reached. 

Evaluation: 

Evaluation of the impact of the fisheries control regulation 

Existing/ 

Proposed legislation 

Status 

Scope 

Evaluation of the impact of COUNCIL REGULATION (EC) No 1224/2009 of 
20  November  2009  establishing  a  Community  control  system  for  ensuring 
compliance  with  the  rules  of  the  common  fisheries  policy,  amending 
Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 
768/2005,  (EC)  No  2115/2005,  (EC)  No  2166/2005,  (EC)  No  388/2006,  (EC) 
No  509/2007,  (EC)  No  676/2007,  (EC)  No  1098/2007,  (EC)  No  1300/2008, 
(EC)  No  1342/2008  and  repealing  Regulations  (EEC)  No  2847/93,  (EC)  No 
1627/94 and (EC) No 1966/2006  

Ongoing and expected to be finalised by Q1 2016. 

The main objective is to evaluate the impact of the fisheries control regulation 
on  the  implementation  of  the  CFP  rules  and  objectives,  since  it  entered  into 
force in 2010. 

The  evaluation  will  deliver  an  assessment  of  whether  the  regulation  is  fit  for 
purpose  by  focusing  on  its  simplification  and  regulatory  burden  reduction 
aspects  with  particular  regard  to  the  actions  have  been  caried  out  under  the 
Commission’s Action Programme for Reducing Administrative Burdens (2007-
2012) concerning this regulation, namely:  
1) Using electronic logbooks for vessels 15 meters length overall and above,  
2) Extending the use of electronic logbooks to certain types of vessels,  
3) Introducing standard method for fishing inspections across the EU.  

The evaluation also aims to identify possible areas for further simplification and 
administrative burden reduction analysis 

124 

 
 
 
17. 

TRADE  

1.  Smart regulation activity and simplification efforts 

Trade policy making is mainly driven by the negotiation and conclusion of international trade 
agreements  and  more  recently  investment  agreements.  In  the  context  of  REFIT  the 
Commission  therefore  focuses  on  other  secondary  legislation  in  the  field  of  trade  and 
investment matters, which in addition is of exclusive EU competence. 

In the context of aligning trade legislation with the Lisbon Treaty, the Commission launched a 
comprehensive  exercise  to  review  trade  legislation  with  a  view  of  codification,  recast  or 
repeal  and  the  streamlining  of  reporting  requirements  spread  over  various  pieces  of 
legislation.  This  review  led  to  the  identification  of  26  proposals,  the  majority  of  these 
proposals have already been adopted by the Commission. 

An evaluation of the dual-use export controls regulation was completed with the publication 
of  Staff  Wording  Document  2013/7  in  January  2013  and  a  Report  to  the  Council  and  the 
European Parliament 2013/710 in Oct. 2014, which show that the EU export control system is 
generally  considered  robust  and  provides  solid  institutional  and  legal  foundations,  while 
recognising  that  it  must  be  upgraded  to  face  new  challenges  and  emerging  threats.  The 
Communication  COM(2014)244  of  April  2014 
the 
modernisation  of  the  EU  export  control  system.The  review  of  Council  Regulation  (EC)  No 
428/2009 of 5 May 2009 setting up a Community regime for the control of exports transfer, 
brokering and transit of dual-use items is progressing, and an impact assessment is currently 
ongoing. 

identifies  concrete  options  for 

2.  Scoreboard 

Legislative Actions 

Reform of the Trade Defence Instruments - Anti-dumping regulation and 
Anti-subsidy regulation  

Existing/Proposed 
legislation 

Proposal for a Regulation of Parliament and of the Council amending  

  Council  Regulation  (EC)  No  1225/2009  of  30  November  2009  on 
protection against dumped imports from countries not members of 
the European Community (Basic AD Regulation) and  

  Council  Regulation  (EC)  No  597/2009  on  protection  against 
subsidised  imports  from  countries  not  members  of  the  European 
Community (Basic AS Regulation) 

Adopted on 10 April 2013 - COM(2013)192 

Status 

Proposal from the Commission of 10 April 2013 - COM(2013)192; still in 
legislative procedure 

125 

 
 
Main objectives 

Improvement  and  update  of  the  two  key  trade  defence  instruments  with  a 
view of notably: 

 

Increasing transparency and predictability. Interested parties will be 
informed  2  weeks  in  advance  of  decision  to  impose  (or  not) 
provisional or definitive measures and will be allowed to comment;  

  Preventing  retaliation.  Special  circumstances  to  initiate  ex  officio 

investigation will include threat of retaliation;  

  Ensuring  effectiveness  and  enforcement  by  removing  the  lesser 

duty rule in case of raw material distortions or subsidisation;  

  Facilitating cooperation;  

  Optimising  review  practice  by  reimbursing  duties  collected  during 
the  investigation  to  importers  where  measures  are  not  extended 
after a review;  

 

Increasing  legal  certainty  trough  the  codification  of  practices 
stemming from ECJ and WTO rulings. 

Main REFIT objectives   Assist SMEs in dealing with Trade Defence cases, both in their capacity as 
European  producers  as  well  as  importers  liable  to  payment  of  duties 
imposed. 

Improve transparency and predictability of the two instruments by adopting 
and publishing guidelines in due course.  

Amendments to REFIT objectives by co-legislator 

EP Position 

Several  amendments  aim  at  further  reducing  the  burden  for  SMEs  when 
initiating  and  cooperating  in  trade  defence  investigations,  these  include 
standard  forms  or  questionnaires  in  all  EU  languages.    Suggested  web-
access  to  information  aims  at  simplifying  procedures  for  all  interested 
parties. Parliament adopted its first reading resolution on 16 April 2014. 

Council Position 

Not yet applicable as this stage in the procedure has not been reached. 

Assessment of final 
outcome 

Not yet applicable as this stage in the procedure has not been reached. 

Codification, recast and repeal of Trade legislation 

Existing/ 

Proposed legislation 

Proposal for  codification, recast and repeal  of the legislation  amended by 
two  enabling  regulations  bringing  trade  legislation  in  line  with  the  TFEU 
(EP and Council Regulation (EU) No 37/2014 of 15 January 2014 and EP 
and  Council  Regulation  (EU)  No  38/2014  of  15  January  adopted  by  the 
Commission) 

Status 

The  majority  of  these  proposals  are  pending  in  legislative  procedure, 
whereas some have already been adopted by the co-legislator. 

126 

 
 
Main objectives 

Both Regulations have introduced amendments to several regulations of the 
trade policy area which need to be codified: 

  Omnibus I updated the way decisions on trade policy are adopted in 
the EU following the changes introduced by the Lisbon Treaty;  

  Omnibus II is the result part of a broader exercise that reviewed all 
legislation containing comitology in the light of the entry into force 
of the Treaty of Lisbon. 

Main REFIT objectives   Repeal, codification and recast.  

Amendments to REFIT objectives by co-legislator 

EP Position 

Council Position 

Not applicable as this stage in the procedure has not yet been reached 

Assessment of final 
outcome 

Not applicable as this stage in the procedure has not yet been reached 

Export for recovery of non-hazardous waste 

Existing/Proposed 
legislation 

Regulation  733/2014  amending  Commission  Regulation 
(EC)  No 
1418/2007  of  29  November  2007  concerning  the  export  for  recovery  of 
certain waste listed in Annex III or IIIA to Regulation (EC) No 1013/2006 
of the European Parliament and of the Council to certain countries to which 
the OECD Decision on the control of transboundary movements of wastes 
does not apply, adopted on  24 June 2014. 

Status 

It applies with effect from 18 July 2014 - Commission Regulation (EU) No 
733/2014  

Main objectives 

Implementation by Member States. 

Periodical  update  of  Commission  Regulation  (EC)  No  1418/2007  as 
required  by  Regulation  (EC)  No  1013/2006,  on  the  basis  of  information 
submitted by partner countries 

Regulation 1418/2007 was updated, completed and streamlined to   

 

ensure  legal  certainty  for  economic  operators  exporting  non-
hazardous waste from the EU to partner countries; 

  minimise error-risk 

Main REFIT objectives  As  required  by  Regulation  1013/2006,  this  Commission  Regulation  is 
updated periodically, usually once a year. In the first years, the Commission 
carried  out  these  updates  on  the  basis  of  information  submitted  by  partner 
countries  on  their  own  initiative  or  by  third  parties  and  subsequently 
checked with the partners. 

In  2012,  following  a  substantive  extension  in  the  scope  of  Regulation 
1013/2006  (inclusion  of  a  number  of  mixtures  of  non-hazardous  waste  in 
Annex  IIIA),  and  based  on  the  five-year  experience  of  application  of 

127 

 
 
 
Regulation 1418/2007, the Commission decided to pro-actively address the 
non-OECD  countries  with  a  detailed  questionnaire  in  order  to  update  and 
complete  the  Regulation.  In  2013,  the  Commission  decided  to  repeat  this 
comprehensive  exercise  while  providing  further  guidance  to  partner 
countries on the purpose of the Regulation and methodology of carrying out 
its updates. 

The  overall  aim    of  the  last  update  accomplished  in  summer  2014  was  to 
ensure complete, accurate and updated information in the Regulation for the 
benefit  of  legal  certainty  of  EU  waste  exporters.  The  updating  and 
streamlining  of  the  Regulation  brings  administrative  cost  savings  and 
protects against possible liability risks and associated costs. 

Member State Implementation 

Date of  application 

18 July 2014. 

Implementation 
reported by Member 
States 

No data available yet.  

Dual-use Items 

Existing/Proposed 
legislation 

Council  Regulation  (EC)  No  428/2009  of  5  May  2009  setting  up  a 
Community regime for the control of exports transfer, brokering and transit 
of dual-use items in follow-up to the evaluation conducted in 2013 

Status 

In preparation. 

Main objectives 

Review. A proposal for revised legislation is planned for early 2016. 

Main REFIT objectives   Regulatory simplification and burden reduction. 

Amendments to REFIT objectives by co-legislator 

EP Position 

Not applicable as this stage in the procedure has not yet been reached[ 

Council Position 

Not applicable as this stage in the procedure has not yet been reached[ 

Assessment of final 
outcome 

Not applicable as this stage in the procedure has not yet been reached[ 

Common rules for imports of textile products 

Existing/Proposed 
legislation 

Proposal  for  amendment  of  Council  Regulation  (EC)  No  517/94  on 
common  rules  for  imports  of  textile  products  from  certain  third  countries 
not covered by bilateral agreements, protocols or other arrangements, or by 
other  specific  Community  import  rules    adopted  by  the  Commission  on 
12/06/2014 - COM(2014) 345 

128 

 
 
 
Status 

Main objectives 

Proposal  from  the  Commission  of  12/06/2014  -  COM(2014)  345  final; 
pending in legislative procedure. 

Codification of Council  Regulation (EC) No 517/94 in order to align it with 
the TFEU. As there were slight substantive amendments, it was presented as a 
recast. These amendments were the following: 

 

In order to facilitate procedures for importers, wholly or partly unused 
import  authorisations  may  be  extended,  if  enough  quantities  are 
available, in  accordance  with the examination  procedure referred to  in 
Article 25(3) (Article 23). 

  As  telex  is  an  outdated  means  of  communication,  it  was  proposed  to 

insert "immediately" in Article 6.4. 

Main REFIT objectives   Recast 

Amendments to REFIT objectives by co-legislator 

EP Position 

Not applicable as this stage in the procedure has not yet been reached[ 

Council Position 

Not applicable as this stage in the procedure has not yet been reached[ 

Not applicable as this stage in the procedure has not yet been reached[ 

Assessment of final 
outcome 

Repeals 

Repeal of Council Regulation (EEC) No 3030/93 on common rules for 
imports of certain textile products from third countries 

Existing/Proposed 
legislation 

Proposal  for  amendment  of  Council  Regulation  (EEC)  No  3030/93  on 
common  rules  for  imports  of  certain  textile  products  from  third  countries  
adopted by the Commission on 21/11/2014 – COM(2014) 707 

Status 

Proposal  from  the  Commission  of  21/11/2014  –  COM(2014)  707;  still  in 
legislative procedure 

Main objectives 

Repeal  of  Council  Regulation  (EEC)  No  3030/93,  as  it  no  longer serves  a 
purpose: 

 

 

 

since Russian Federation's accession to WTO; 

the entry into force of the Stabilisation and Association Agreement with 
Serbia; 

the expiry of the transitional product-specific safeguard mechanism for 
imports from China. 

Main REFIT objectives   Repeal 

Amendments to REFIT objectives by co-legislator 

129 

 
 
EP Position 

Not applicable as this stage in the procedure has not yet been reached 

Council Position 

Not applicable as this stage in the procedure has not yet been reached 

Not applicable as this stage in the procedure has not yet been reached 

Assessment of final 
outcome 

Evaluations 

Dual Use Export Controls 

Scope 

Status 

Results 

Evaluation  of  Regulation  (EC)  No  428/2009  setting  up  a  Community 
regime for the control of exports, transfer, brokering and transit of dual-use 
items  

Finalised on 24 April 2014: 

  Staff Working Document-SWD (2013)7 reporting on the conclusions of 

 

a public consultation published on 17 January 2013; 
Implementation  report  on  the  EU  export  controls  Regulation    adopted 
on 16 October 2013 - COM (2013)710. 

  Commission Communication COM/2014/244 of 24 April 2014 
Initial  steps  in  the  export  control  policy  review  have  been  completed, 
with the publication of the Staff Working Document SWD (2013)7 and 
the  adoption  of  a  report  to  the  Council  and  Parliament.  These 
documents  conclude  that  the  EU  export  control  regime  is  generally 
considered  robust  and  provides  solid 
institutional 
foundations, but also conclude that it cannot remain static and must be 
re-evaluated  and  upgraded  in  order  to  face  new  challenges  and 
generate  the  modern  control  capabilities  the  EU  needs  for  the  coming 
decade and beyond.  

legal  and 

The  findings  have  fed  into  a  Communication  outlining  a  long-term 
vision  for  EU  strategic  export  controls  and  to  update  the  EU's  export 
control  regime  to  rapidly  changing  technological,  economic  and 
political circumstances (COM/2014/244 of 24 April 2014).  

The  Communication  aims  at  mapping  the  direction  for  EU  export 
controls, and identifies concrete policy options for their modernisation 
and  their  adaptation  to  rapidly  changing  technological,  economic  and 
political  circumstances,  including  a  number  of  options  with  potential 
impact on regulatory burden and simplification of procedures. 

Trade Diversion of certain key medicines 

Scope 

Evaluation  of  Council  Regulation  (EC)  No  953/2003  to  avoid  trade 
diversion into the European Union of certain key medicines. 

130 

 
 
 
 
 
 
 
Status 

Evaluation  started    in  December  2014  and  planned  to  be  finalised  second 
half-2015. 

131 

 
 
18. 

BUDGET 

1.  Smart regulation activity and simplification efforts 

Legislation  in  the  area  of  budget  is  subject  to  continuous  scrutiny  for  simplification  and 
burden  reduction  under REFIT.  At  the  moment,  no  new  REFIT  initiatives  can  be  identified 
and  the  Commission  focuses  on  the  implementation  of  the  initiatives  already  decided  (see 
scoreboard). 

2.  Scoreboard 

Legislative Actions: 

Proposal of the Commission for a new own resource based on VAT 

Proposed legislation 

COM(2011)737 Proposal for a Council Regulation on the methods and 
procedure for making available the own resource based on the value 
added tax 

Existing legislation: 

Council Decision 2007/436/EC; Council Regulations 1150/2000/EC; 
and 1553/89/EC  

Legislation adopted on 26 May 2014, but not yet entered into force:  

  Council Decision 335/2014/EU  

  Council Regulation 608/2014/EU  

  Council Regulation 609/2014/EU  

The  new  VAT-based  own  resource  proposed  by  the  Commission  in 
2011 has not been retained for the current MFF (see below). Proposal 
COM(2011)737  has  therefore  not  been  adopted.  However,  the 
European  Council  has  called  Member  States  to  continue  working  on 
the Commission proposal.  

In line with the joint declaration on own resources of 2 December 2013 
which  was  part  of  the  political  agreement  between  the  Council  and 
Parliament  on  MFF  2014-2020,  the  High  Level  Group  on  Own 
Resources, chaired by M. Monti, was established on 25 February 2014 
to undertake a general review of the own resources system. The Group 
presented a First Assessment Report41 on 17 December 2014 and will 
continue working in view of making final recommendations in 2016.  

Taking into account the work of the Group, the Commission will then 
assess if new legislative initiatives on own resources should be made in 
view of the next Multiannual Financial Framework (post-2020). 

Status 

Proposal from the Commission of 9 November 2011 - COM(2011)737  

41 http://ec.europa.eu/budget/mff/hlgor/index_en.cfm  

132 

 
                                                            
Main objectives of the 
initiative 

The  Commission  proposal  for  a  new  VAT  own  resource  simplifying 
the current statistical VAT-based own resource system. Its calculation 
is much simpler as it is linked to actual VAT receipts in real time. The 
new  method  proposed  would  rely  to  a  great  extent  on  data  readily 
available  in  the  Member  States,  in  particular  VAT  receipts  and  the 
standard  rate  used.  The  proposed  method  would  constitute  a 
considerable  simplification  of  the  current  system  and  make  it  more 
transparent and predictable. 

Main REFIT objectives   Simplification 

Amendments to REFIT objectives by co-legislator 

EP Position 

Council Position 

Assessment of final 
outcome 

Parliament  has  demanded  the  introduction  of  new,  genuine  own 
resources  for  the  EU  budget  at  numerous  occasions  and  is  generally 
supportive of a simple, transparent and fair VAT-based own resource.  

Pursuant  to  the  conclusions  of  the  European  Council  of  7/8  February 
2013  the  current  system  shall  be  maintained  during  the  present  MFF. 
No  new  own  resource  has  been  introduced  through  the  new  Own 
Resource Decision 335/2014 of 26 May 2014. However, the European 
Council Conclusions of 7/8 February 2013 also call upon the Council 
to continue working on the proposal of the Commission for a new own 
resource  based  on  value  added  tax  and  to  make  it  as  simple  and 
transparent as possible. 

Not yet applicable as this stage in the procedure has not been reached. 

133 

 
 
 
19. 

COMPETITION 

1.  Smart regulation activity and simplification efforts 

The  implementation  of  the  simplified  procedure  for  Merger  Control  adopted  at  the  end  of 
2013  can  demonstrate  positive  effects,  i.e.  a  significant  increase  in  the  number  of  cases 
reviewed  under  simplified  procedure  and  a  reduction  in  pre-notification  periods  for  both 
simplified and non-simplified cases.  

2.  Scoreboard   

Legislative Actions: 

Simplified procedure for Merger Control (competition) 

Existing/ Proposed 
legislation 

Commission  Implementing  Regulation  (EU)  No  1269/2013  of  5 
December 2013 amending Commission Regulation (EC) No 802/2004 
implementing Council Regulation (EC) No 139/2004 on the control of 
concentrations between undertakings, adopted on 5 December 2013.. 

Status 

Implementation by the Commission. 

It applies with effect from 1 January 2014. 

Main objectives of the 
initiative 

Simplify  and  expedite  the  examination  of  concentrations  that  are 
unlikely  to  raise  competition  concerns  by  widening  the  scope  of  its 
simplified  notification  procedure  to  review  unproblematic  mergers. 
The Commission has also reduced the amount of information required 
for  notifying  transactions  in  all  cases,  whether  under  the  simplified 
procedure or not. 

Main REFIT objectives   To  make  merger  rules  and  procedures  less  burdensome  for  business. 
The  simplification  package  will  reduce  the  in-house  work  that 
companies undertake before they notify a merger and could also lead to 
a reduction of lawyers' fees by up to one third. 

Practical implementation experience  

Date of  application 

1 January 2014 

Assessment of 
Implementation 

The  positive  effect  in  practice  of  this  simplification  package  on 
stakeholders is evidenced by figures from 2014, which indicate a:  

(i) significant increase in the number of cases reviewed under simplified 
procedure; and 

(ii)  reduction  in  pre-notification  periods  for  both  simplified  and  non-
simplified cases.  

As  regards  simplified  procedure  cases,  a  comparison  of  the  number  of 
short form decisions adopted in 2014 against last years' figures indicate 
that an increase of 8 percentage points in the number of simplified cases 
has  been  achieved.  This  means  that  significantly  more  cases  have 

134 

 
 
benefitted,  as  a  result  of  the  broader  scope  of  application  of  the 
simplified  procedure  rules,  from  the  lighter  and  generally  speedier 
notification and review process of the simplified procedure. 

We  also  observed  an  atypical  peak  in  simplified  case  notification  in 
January  2014  as  parties  appear  to  have  waited  for  the  new  rules  to 
become applicable before notifying their transactions.  

Furthermore, there are indications that the new rules on simplified cases 
and the streamlined information requirements for all cases have resulted 
in  reduced  pre-notification  periods  both  simplified  and  normal 
procedure cases. 

Evaluation: 

Merger Control 

Scope 

White  Paper  "Towards  more  effective  EU  merger  control"  evaluating 
aspects of the Council Regulation (EC) No 139/2004 of 20 January 2004 
on  the  control  of  concentrations  between  undertakings.  In  particular 
relating to minority shareholdings and the referral system. 

Status 

Adopted in July 2014.  

Results 

Following  adoption,  a  public  consultation  was  launched  to  seek  stakeholders 
views on possible improvements of the EU Merger Regulation. The consultation 
closed in October 2014. The Commission is currently reviewing the comments 
received.  To  be  decided  at  a  later  stage  whether  to  make  a  proposal  for 
amending the Merger Regulation. 

The White Paper proposes to allow the Commission to review, at EU 
level, certain acquisitions of non-controlling minority shareholdings 
that  raise  competition  concerns,  to  make  case  referrals  between 
Member  States  and  the  Commission  more  effective  and  business-
friendly, and to streamline and simplify other procedures.  

135 

 
 
 
20. 

Overview of Implementation of REFIT Actions 

  Legislative Initiatives 

Initiative 

Agriculture and Rural Development 

State Aid rules in the agricultural sector: 

 

'De Minimis' Regulation 

REFIT 
Objective 

Commission 
Adoption 

Final Adoption/ 
Application 

Simplification 

18 December 2013 

Entry into force on: 
1 January 2014  

  State Aid Guidelines and 

Regulations on block-exemptions  

June 2014  

Entry into force 
1 July 2014 

Legal framework for organic farming 

Simplification 

24 March 2014 

Final adoption not 
known yet.  

May 2015: Expected 
adoption of a 
General approach of 
the Council  

July 2015: Expected 
adoption of EP 
amendments  

Egg Labelling (ABR+) 

Budget 

Simplification 

1 July 2007 

New own resource based on VAT  

Simplification 

9 November 2011 

Possible new 
legislative initiatives 
for the next MFF 
(post-2020) 

Climate Action 

CO2 emissions from cars 

CO2 emissions from vans 

Fluorinated greenhouse gases 

11 July 2012 

8 April 2014 

11 July 2012 

23 March 2014 

7 November 2012 

1 January 2015 

Simplification 
(exemptions, 
lighter 
regimes) 

Simplification 
(exemptions, 
lighter 
regimes) 

Simplification
(exemptions) 

136 

 
 
 
 
 
 
 
 
Initiative 

Emissions monitoring and reporting of 
greenhouse gases 

Verification and accreditation of CO2 
emissions 

REFIT 
Objective 
Simplification 
(exemptions) 

Simplification 
(exemptions) 

Commission 
Adoption 
21 June 2012 

Final Adoption/ 
Application 

1 January 2013 

21 June 2012 

1 January  2013 

Communications Networks, Content and Technology 

Network and information security 

Simplification 
(exemptions) 

7 February 2013 

The Directive on collective management of 
copyright and related rights and multi-territorial 
licensing of rights in musical works for online 
use in the internal market Directive 2014/26/EU 

11 July 2012 

Simplification 
(exemption) 
proposed by 
Commission 
but removed 
by co-
legislators 

Pending in 
legislative 
procedure. Trilogues 
are ongoing. 

Adopted 26 
February 2014 with 
transposition date 
10 April 2016 

Competition 

Simplified procedure for Merger Control  

Simplification 

5 December 2013 

1 January 2014. 

Employment, Social Affairs and Inclusion 

Information and consultation of workers 

Organisation of working time 

Posting of workers 

Energy 

Envisaged 
consolidation/ 
Simplification 

in preparation, first 
stage social partners 
consultation 2Q 
2015 

First stage 
consultation of 
social partners to be 
launched in 2nd Qt 
2015 

Simplification 

in preparation 

Foreseen for 2016 

Simplification 

21 March 2012 

18 June 2016 

Safety standards in field of radioprotection  

Consolidation 

30 May 2012 

Community target for a reduction in the 
consumption of primary sources of energy 

Repeal 

Adopted by 
Commission on 

137 

Adopted by the 
legislator on 5 
December 2013 – 
council Directive 
2013/59/EURATO
M 5 December 
2013. 

Date of  application: 
1 February 2018 

20 April 2015 

 
 
 
Final Adoption/ 
Application 

REFIT 
Objective 

Repeal 

Commission 
Adoption 
24/02/2015. 

Pending adoption by 
the Commission 
during first semester 
2015. 

Initiative 

Energy Labelling Acts 

  Directive 2003/66 amending Directive 

94/2/EC implementing Council 
Directive 92/75/EEC with regard to 
energy labelling of household electric 
refrigerators, freezers and their 
combinations; 

  Directive 1999/9 amending Directive 
97/17/EC implementing Council 
Directive 92/75/EEC with regard to 
energy labelling of household 
dishwashers; 

  Directive 96/89 amending Directive 
95/12/EC implementing Council 
Directive 92/75/EEC with regard to 
energy labelling of household washing 
machines. 

Regulation of the Supply Agency of the 
European Atomic Energy Community 

Legislative 
update / 
Review 

Not yet adopted by 
the Commission 

Environment 

Environmental Impact Assessment (EIA) 

Simplification 

26 October 2012 

ShipmentsShipments of waste (covered also by 
ABR+) 

Simplification 

11 July 2013 

16 April 2014  
16 May 2017 

15 May. 2014  
/1 January 2016 

Waste electrical and electronic equipment 

3 December 2008 

14 February 2014 

Simplification/ 
Recast 
(exemption) 

Repeal of Standardised Reporting Directive  

Repeal 

Under consideration 

Health and Food Safety  

Clinical Trials 

Animal health 

Official controls 

Plant health 

Simplification 

17 July 2012 

16 April 2014 
mid-May 2016 

Simplification 

6 May 2013 

Not known 

6 May 2013 

Not known 

6 May 2013 

Not known 

Codification/ 
Simplification 
(exemptions) 

Codification/  
Simplification 

138 

 
 
 
 
 
Initiative 

Zootechnical legislation 

REFIT 
Objective 
Consolidation/ 
Simplification 

Commission 
Adoption 
11 February 2014 

Final Adoption/ 
Application 
Not known 

Veterinary medicines 

Simplification 

10 September 2014 

Not known 

Cooperation on scientific information for food   Repeal 

 5 May 2014 

5 May 2014 

Medicated feed 

Food labelling 

Migration and Home Affairs 

Simplification 

10 September 2014 

Not known 

Simplification 

13 December 2014 

13 December 2016 

Entry and stay in the EU for third-country 
national students, researchers and other groups 

Simplification/
Recast 

25 March 2013 

Not known yet. 

Visa Code 

Schengen Borders Code 

Package of three legislative proposals repealing 
such former Third pillar Schengen acts in the 
field of police cooperation and judicial 
cooperation in criminal matters and in the field 
of border checks - Protocol 36 

Codification of Council Regulation n° 
539/2001 listing the third countries whose 
nationals must be in possession of visas when 
crossing the external borders and those whose 
nationals are exempt from this requirement 

Simplification/
Recast 

Codification/ 
Simplification 

1 April 2014  

Not known yet. 

20 January 2015 

Not known yet. 

Repeal 

28 November 2014 

Not known yet. 

Codification 

Ongoing – results 
planned Q1 2016. 

Not known yet. 

Internal Market, Industry, Entrepreneurship and SMEs 

Combating late payment in commercial 
transactions 

Simplification/ 
Recast 

Marketing of construction products 

Simplification 
(Lighter 
regimes) 

8 April 2009 

16 February 2011 

16 March 2016 

23 May 2008 

9 March 2011 

Classification, packaging and labelling of 
dangerous preparations 

Repeal 

In preparation 

1 July 2013 

Application is to be 
automatic on 1 June 
2015 (mandatory per 
CLP regulation 
requirement) 

Professional Qualifications 

Simplification 
(lighter 

19 December 2011 

18 January 2016 

139 

 
 
 
 
Initiative 

Public Procurement (covered also by ABR+ 
Programme) 

REFIT 
Objective 
regimes) 

Simplification 
(lighter 
regimes) 

Commission 
Adoption 

Final Adoption/ 
Application 

20 December 2011 

17 April 2014 
18 April 2016 

Financial stability, Financial Services and Capital Market Union 

Initial Public Offerings (IPOs) for SMEs / 
Prospectus and disclosure requirements 

Simplification 
(exemption) 

30 March 2012 (I) 
4 June 2012 (II) 

30 March 2012 (I) 
4 June 2012 (II) 

Insurance mediation 

Simplification/
Recast 

3 July 2012 

European long-term Investment Funds 

Simplification 

26 June 2013 

1 July 2012 (I) 
22 Sept 2012 (II) 

Planned mid-May 
2015 

Undertakings for collective investment in 
transferable securities (UCITS) 

Simplification 

29 January 2014  

Company accounts (ABR+) 

Simplification 

July 2006 

Annual accounts of micro-enterprises (ABR+) 

Simplification 

September 2008 

14 March 2012 
1 April 2012 

Proposal for a Directive amending Directive 
97/9/EC on Investor Compensation Schemes  

Withdrawn 

25 February 2015 

25 February 2015 

Justice and Consumers 

Small Claims Procedure 

Package travel 

Data Protection 

Women on company boards 

Misleading and comparative advertising 
(“Business Marketing Directive”) 

Simplification 

19 November 2013 

Not known. 

Simplification 
(exemption) 

Simplification 
(exemptions, 
lighter 
regimes) 

Simplification 
(exemption) 

9 July 2013 

Not known. 

25 January 2012 

Not known. 

14 January 2012 

Not known. 

Simplification  Adoption by the 

Commission 
planned for the Q2 
2015 

Identity and Residence Documents: Legislative 
proposal  to  simplify  travel  formalities  for  EU 

Simplification 

140 

 
 
 
 
 
 
 
 
 
 
Initiative 

REFIT 
Objective 

Commission 
Adoption 

Final Adoption/ 
Application 

citizens  and  third  country  family  members  on 
the  basis  of  article  77  TFEU  in  conjunction 
with  article  21  TFEU  completing  the  existing 
acquis  on  uniform  formats  for  identity  and 
residence documents 

Emergency Travel Documents: Legislative 
proposal for the communitarisation of the sui 
generis decision on emergency travel 
documents (96/409/CFSP) 

Proposal for a revised Directive on pregnant 
workers (COM(2008)600/4) 

Company law 

Simplification 

Withdrawal 

Pending 

Pending  

 Codification 

Codification 
planned for 2015 

Consumer Product Safety 

Simplification 

13 February 2013 

Not known 

Market Surveillance  

Simplification 

13 February 2013 

Not known 

Maritime Affairs and Fisheries 

Reform of the Common Fisheries Policy (CFP) 
- "Basic Regulation" 

Simplification 

13 July 2011 

Common Market Organisation (CMO) in 
fishery and aquaculture products 

Simplification 

13 July 2011 

11 December 2013 
1 January 2014 

11 December 2013 
1 January 2014 

Technical measures for the protection of marine 
organisms 

Simplification 

In preparation 

Not known yet 

Adoption planned 
for 2015. 

Fishing Authorisation Regulation 

Simplification  

In preparation 

Not known yet 

Adoption planned 
for 2015. 

Mobility and Transport 

Recording equipment in road transport (covered 
also under ABR+ Programme) 

Simplification   19 July 2011 

Market access rules in road freight transport  
(covered also under ABR+ Programme) 

Simplification   Evaluation ongoing 

Proposal planned for 
2016 

Retrofitting of mirrors to heavy goods vehicles 

Repeal  

In preparation 

141 

1 march 2014 
4 February 2014/  
2 March 2016 
except Art. 24, 34, 
45 (2 March 2015) 

 
 
 
 
 
 
 
Initiative 

Abolition of discrimination in transport rates 
and conditions (covered also under ABR+ 
Programme) 

Statistics 

Integrating Business Statistics (FRIBS) 

Social Statistics 

First Framework Regulation in Agricultural 
Statistics to 2020 and beyond  

Steel Statistics 

REFIT 
Objective 

Commission 
Adoption 
Date not known 

Repeal 

In preparation. 

Final Adoption/ 
Application 

Simplification 

Planned for adoption 
End of 2016 

Simplification 

In preparation 

Simplification 

In preparation 

Repeal 

Planned for adoption 
End of 2016 

Tentatively planned 
for adoption in 2018 

Planned for adoption 
in 2018 

Single Market Statistics (SIMSTAT) 

Simplification 

 Planned for 
adoption End of 
2016 

Statistics on intra-EU trade (ABR+) 

Simplification 

Survey on Industrial Production (ABR+)  

Simplification 

Taxation and Customs Union 

Common consolidated corporate tax base 
(CCCTB) 

Standard EU VAT declaration 

Simplification 

16 March 2011  

Simplification 

23 October 2013  

Common system of value added tax (ABR+) 

Simplification 

28 January 2009 

Refund of value added tax (ABR+) 

Simplification 

29 October 2004 

4 November 2013/ 
26 November 2013 

11 July 2008/ 

11 February 2009 

13 July 2010 
1 January 2013 

12 February 2008 
1 January 2010 

Modernising VAT for cross-border B2C 
(Business to Consumer) E-Commerce 

Simplification 

In preparation 

Trade 

Reform of the trade defence instruments 

Simplification 

10 April 2013 

Not yet known. 

Codification of Trade legislation 

In preparation 

Planned for 2015. 

Codification/ 
Repeal 

142 

 
 
 
 
 
 
 
 
 
 
 
 
Initiative 

Export for recovery of non-hazardous waste 

Recast of Council Regulation (EC) No 517/94 
on common rules for imports of textile products 
from certain third countries 

(EC)  No 
Review  of  Council  Regulation 
428/2009  of  5  May  2009  setting  up  a 
Community  regime  for  the  control  of  exports 
transfer, brokering and transit of dual-use items 
in  follow-up  to  the  evaluation  conducted  in 
2013  

Repeal  of  Council  Regulation  (EEC)  No 
3030/93 on common rules for imports of certain 
textile products from third countries.  

REFIT 
Objective 
Simplification 

Commission 
Adoption 
24 June 2014 

Final Adoption/ 
Application 
18 July 2014 

Simplification/
Recast 

Review 

12 June 2014 

Not known yet. 

A proposal for 
revised legislation is 
planned for adoption 
in early 2016. 

Repeal 

21 November 2014 

Not known yet. 

  Evaluations and Fitness Checks 

Evaluation / Fitness Check 

Completed/Ongoing/Planned 

Agriculture and Rural Development 

Evaluation of the POSEI programme  

Evaluation of the market and trade implication of veal 
marketing standards rules  

Climate actionAction 

Evaluation  work  to  start  Q2  2015.  Planned  end  date: 
first half 2016. 

Evaluation completed: November 2014 

Evaluation  of 
Directive 2009/31/EC 

the  Carbon  Capture  and  Storage 

Final  report  approved  by  the  Commission  on  15 
January 2015. 

Evaluation  of  the  Regulation  on  Light  Commercial 
Vehicles  510/2011/EC  and  of  the  Regulation  on  New 
Passenger Cars 443/2009/EC 

Evaluation  of  the  Fuel  Quality  Directive  2009/30/EC 
(once fully implemented and transposed) 

Ongoing, results planned to be in Q2 2015. 

Ongoing, results planned end 2015. 

Communications Networks, Content and Technology 

Evaluation of the Privacy and Electronic 
Communications Directive 

Evaluation to start subsequent to agreement on the 
Data Protection Reform proposal by the Commission. 

Evaluation of Audio-visual Media Services Directive 
2010/13/EU, comprising also: 

Ongoing and expected to be finalised in 2015.  

  Study to asess whether rules on audio-visual 

commercial communication for alcoholic 
beverages have afforded minors the level 
of protection required; 
  Study to assess the effectiveness and 

efficiency of co- and self-regulation 

143 

 
 
 
aspects in promoting effective 
implementation of the Audiovisual Media 
Services Directive; 

  Study on self-regulation will review existing 
self-regulation approaches in a range of 
Member States and provide information 
and relevant evidence of existing 
schemes and their effectiveness; 

  Study on standardisation collecting data on 

the different standards for TV sets which 
have Internet connectivity; 

  Study on advertising monitoring to identify 

criteria (including economic impact, 
policy relevance, infringement risks etc.) 
in order to select the topics and rules 
requiring monitoring in the Member 
States for compliance with the AVMSD 
advertising rules. 

Evaluation of Regulatory Framework for electronic 
communications networks and services (Telecoms 
Package of 2009) 

Planned to start in 2015. 

Competition 

Evaluation of Merger Regulation: referral system and 
minority shareholdings 

Adopted in July 2014. On-going evaluation of the 
White Paper's policy proposals in the light of the 
comments received. To be decided at a later stage 
whether to make a proposal for amending the Merger 
Regulation. 

Employment, Social Affairs and Inclusion 

Evaluation of Directive 2008/104/EC99 on temporary 
agency work  

Adopted in March 2014 

Evaluation of Directives 97/81/EC on part-time work 
and 99/70/EC on fixed-term work 

Ongoing, to be completed in 2015. 

Evaluation of Directive 91/533/EEC regarding 
information obligations for employers in relation to 
employment contracts 

Evaluation of legislation in the area of health and 
safety at work 

Energy 

Ongoing and planned to be completed 2016 

Ongoing and planned to be completed 2nd Quarter 2016 

Evaluation of Directive 2009/28/EC on Renewable 
Energy 

Planned to be finalised in Q2 2015. 

Environment 

Fitness Check on Waste Policy 

Completed 2 July 2014 (SWD (2014) 209 final) 

Evaluation of Directive 2004/35/EC on environmental 
liability 

Ongoing and planned to be completed in Q3 2015 

144 

 
Evaluation of Directive 2007/2/EC on Infrastructure 
for Spatial Information 

Ongoing and planned to be completed in Q3 2015 

Evaluation of Directive 2002/49/EC in relation to 
environmental noise 

Evaluation of Directive 2009/126/EC on volatile 
organic compound emissions (VOC II) 

Evaluation of Regulation (EC) No 166/2006 on the 
European Pollutant Release and Transfer Register 
(EPRTR) 

Ongoing and planned to be completed in Q3 2016 

Ongoing and planned to be completed in Q4 2016 

Ongoing and planned to be completed in Q4 2016 

Fitness Check on EMAS and EU Eco-label 

Ongoing and planned to be completed in Q3 2015 

Fitness Check on Natura 2000 

Ongoing and planned to be completed in Q2 2016 

Evaluation of Directive 1999/22/EC in relation to 
keeping wild animals in zoos  

Council Directive 87/217/EEC on the prevention and 
reduction of environmental pollution by asbestos  

Planned to start in 2015 and be completed in Q4 2016 

The work is covered under the coherence aspects of the 
on-going EMPL evaluation in the areas of health and 
safety at work - ongoing 

Directive on the Protection of Animals used for 
Scientific Purposes (Directive 2010/63/EU)  

Evaluation to be completed not earlier than Q4 
2017. 

Strategic Environmental Assessment Directive 
(Directive 2001/42/EC)  

The second implementation report scheduled for 2016. 

Flood risks (Directive 2007/60/EC)  

Planned start 2017. 

Bathing water (Directive 2006/7/EC)  

Planned start 2019. 

Marine environment policy (Directive 2008/56/EC) 

Planned start 2019. 

Volatile  organic  compound  emissions  -  Stage  I  Petrol 
Vapour Recovery (VOCs) – Directive 94/63/EC  

(started – running in parrallel with VOC II evaluation; 
planned end date Q4 2016) 

Drinking water directive (Directive 98/83/EC) 

The evaluation is ongoing and is planned to be 
finalised in Q3 2016. 

Health and Food Safety 

Fitness Check of the General Food Law Regulation 
(EC) No 178/2002.  

Fitness check started end 2014 and is planned to be 
finalised end 2015. 

Migration and Home Affairs 

Evaluation of Council directive 2004/81/EC on 
residence permits for victims of trafficking in human 
beings 

Completed in October 2014,  COM(2014)635, 
17/10/2014 

Evaluation of the Council Framework Decision 
2008/841/JHA  on the fight against organised crime  

Ongoing and Implementation Report planned to be 
completed in Q3 2015  

145 

 
 
Evaluation of the Council Framework Decision 
2008/919/JHA on combatting terrorism  

Evaluation of Council Regulation (EC) No 2007/2004 
on FRONTEX including Rapid Border Intervention 
Teams 

Completed in Septenber  2014, COM (2014) 554, 
5/09/2014 

Ongoing and planned to be finalised in Q2 2015. 

Evaluation of the Visa Information System 

Fitness Check of legislation on legal migration 

Report planned for Q2 2016  

Planned for launch in 2016 

Evaluation  of  Council  Directive  2002/90/EC  defining 
the  facilitation  of  unauthorised  entry,  transit  and 
residence 
Framework  Decision 
2002/946/JHA  on  the  strengthening  of  the  penal 
framework  to  prevent  the  facilitation  of  unauthorised 
entry, transit and residence 

and  Council 

Ongoing planned to be finalised in Q2 2015. 

Financial Stability, Financial Services and Capital Markets Union 

Evaluation of Regulation (EC) No1606/2002 on the 
application of international accounting standards (IAS) 

Ongoing and planned to be completed by end June 
2015. 

Prospectus Directive – 2003/71/EC  

To be completed by Q3 2015 

Internal Market, Industry, Entrepreneurship and SMEs 

Evaluation of the machinery Directive 

Planned to start in 2015 and planned to be finalised in 
2016 

Fitness check on the oil refining industry 

Ongoing and to be finalised by June 2015 

Cumulative cost assessments in the area of forest-
based industry (woodworking, furniture, pulp/paper 
and printing) 

Ongoing and to be finalised in Q1 2016 

Cumulative cost assessments in the area of chemical 
industry 

Ongoing and to be finalised in Q4 2015 

Fitness Checks on the most relevant chemicals 
legislation not covered by REACH as well as related 
aspects of legislation applied to downstream industries 

To be finalised in Q1 2017 

Evaluation of the firearms legislation 

Finalised in 2015 

Evaluation of the Remedies Directive 2007/66/EC 

Ongoing and to be finalised end of 2015 

Evaluation of Directive 86/653/EEC on commercial 
agents 

Ongoing and to be finalised mid-2015 

Evaluation of the Late Payments Directive  

Ongoing and to be finalised Q4 2015 

Evaluation of the relevance of standardisation activities   Ongoing and to be finalised Q4 2015 

Evaluation of the legal framework for pre-packaging  

Ongoing and to be finalised Q4 2015 

146 

 
 
Cumulative Cost Assessment of glass/ceramics  

Planned to start Q4 2015 and to be finalised in 2017 

Evaluation of the mutual recognition regulation of 
goods  

Ongoing and to be finalised Q2 2015 

FC of the construction sector  

To be finalised in 2016 

Evaluation of the Design system in EU 

Ongoing and to be finalised by mid-2016 

Justice and Consumers 

Evaluation of timeshare Directive 2008/122  

Evaluation finalised in 2015. 

Evaluation of Directive 79/7/EEC regarding equal 
treatment in social security 

Planned to start in Q1 2015 and to be finalised Q4 
2015  

Fitness Check of the legislative framework related to 
consumer rights and advertising  

Evaluation of Regulation (EC) No 805/2004 on a 
European Enforcement Order for uncontested claims 

Maritime affairsAffairs and Fisheries 

Evaluation of the impact of the fisheries control 
regulation (Council Regulation (EC) No 1224/2009 of 
20 November 2009)  

Mobility and Transport 

Evaluation of Directive 2004/54/EC on tunnel safety 

Fitness check of Passenger Ships Safety Legislation 

Evaluation of the Council Directive 92/106/EEC on 
Combined Transport of goods  

Ongoing and planned to be completed in Q4 2016 

Planned to start in 2018/2019 

Ongoing, planned to be finalised by Q1 2016. 

Ongoing, results planned Q2 2015. 

Ongoing, results planned Q2 2015. 

Ongoing, results planned Q2 2015 

Evaluation of the Directive on the Promotion of clean 
and energy-efficient road transport vehicles 

Ongoing, results planned Q3 2015 

Evaluation on training, qualification, licenses in road 
transport covering: Directive 2003/59/EC on the initial 
qualification and periodic training of drivers of certain 
road vehicles for the carriage of goods or passengers 

Evaluation finalised in October 2014. 

Evaluation of Directive 2000/59/EC on port reception 
facilities for ship-generated waste and cargo residues 

Evaluation ongoing, results planned end of March 
2015 

Taxation and Customs Union 

Evaluation of Council Directive 2008/118/EC on 
general excise duty arrangements 

Ongoing  and planned to be completed by Q2 2015 

Evaluation of the Council Directive 2011/64/EU on the 
structure and rates of excise duty applied to 
manufactured tobacco  

External study completed 29 June 2014. The 
Commission report on the results of the evaluation is 
planned for Q2 2015 

147 

 
REFIT evaluation of the VAT e-invoicing directive 
(2010/45/EU)  

Assessment of the implementation of the Mini One 
Stop Shop (2008/8/EC)  

Trade 

Evaluation of Regulation (EC) No 428/2009 on Dual 
Use 

Evaluation of Council Regulation (EC) No 953/2003 
on avoiding trade diversion into the European Union of 
certain key medicines 

Planned for 2017/2018 

Planned to be finalised by end 2016 

Completed on 24 April 2014 

Evaluation started December 2014, planned to be 
finalised second half-2015. 

148 

 
 
21. 

REFIT CANDIDATES FOR REPEAL 

Commission Work Programme 2015 (Annex III/REFIT actions), as well as 

-  Council Regulation (EEC) No 1101/89 on structural improvements in inland waterway 

transport 

-  Commission Regulation (EC) No 2812/94 as regards the conditions which apply to the 

putting into service of new capacity in inland waterway transport;  

-  Regulation  (EC)  No  685/2001  of  the  European  Parliament  and  of  the  Council 
concerning the distribution of authorisations among Member States received through 
the Agreements establishing certain conditions for the carriage of goods by road and 
the  promotion  of  combined  transport  between  the  European  Community  and  the 
Republic  of  Bulgaria  and  between  the  European  Community  and  the  Republic  of 
Hungary;  

-  Commission Regulation (EEC) No 2158/93 concerning the application of amendments 
to  the  International  Convention  for  the  Safety  of  Life  at  Sea,  1974,  and  to  the 
International  Convention  for  the  Prevention  of  Pollution  from  ships,  1973,  for  the 
purpose of Council Regulation (EEC) No 613/91;  

-  Commission Regulation (EC) No 3298/94 laying down detailed measures concerning 
the  system  of  Rights  of  Transit  (Ecopoints)  for  heavy  goods  vehicles  transiting 
through Austria;  

-  Regulation (EC) No 2888/2000 of the European Parliament and of the Council on the 

distribution of permits for heavy goods vehicles travelling in Switzerland;  

-  Council Directive 89/629/EEC on the limitation of noise emission from civil subsonic 

jet aeroplanes;  

-  Commission Regulation (EC) No 103/2007 on the extension of the transitional period 

referred to in Article 53(4) of Regulation (EC) No 1592/2002;  

-  Council  Regulation  (EEC)  No  2343/90  on  access  for  air  carriers  to  scheduled  intra-
Community  air  service  routes  and  on  the  sharing  of  passenger  capacity  between  air 
carriers on scheduled air services between Member States;  

-  Council Regulation (EEC) No 294/91 on the operation of air cargo services between 

Member States;  

-  Regulation  (EU)  No  256/2014  concerning  the  notification  of  investment  projects  in 

energy infrastructure;  

-  Council Directive 90/547/EEC on the transit of electricity through transmission grids; 
- 

"Water Questionnaire" (Commission Decision 95/337/EEC). 

149