COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS Better regulation for better results - An EU agenda
Date: 2015-05-19
Institutions: European Commission
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  COM(2015) 215 final   COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS Better regulation for better results - An EU agenda {SWD(2015) 110 final} {SWD(2015) 111 final}  
 
 
COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN 
PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL 
COMMITTEE AND THE COMMITTEE OF THE REGIONS 

Better regulation for better results - An EU agenda 

1.  DELIVERING BETTER RESULTS: CHANGING HOW WE WORK AT EUROPEAN LEVEL 

The  European  Commission  is  determined  to  change  both  what  the  European  Union  (EU) 
does,  and  how  it  does  it.  The  EU,  its  institutions,  and  its  body  of  law,  are  there  to  serve 
citizens and businesses who must see this in their daily lives and operations. We must restore 
their confidence in our ability to deliver. 

The Juncker Commission represents a new start. Our priority is to deliver solutions to the big 
issues that cannot be addressed by the Member States alone: an investment plan to leverage 
€315  billion  to  boost  jobs  and  growth;  an  energy  union  to  deliver  secure,  affordable  and 
sustainable  energy;  an  internal  security  agenda  to  tackle  common  threats  like  terrorism  and 
organised  crime;  a  digital  single  market  to  unlock  online  opportunities;  and  a  migration 
agenda.  Our  new  initiatives  flow  from  genuine  political  priorities.  The  Commission  cannot, 
and  should  not,  be  involved  in  every  issue  in  the  EU.  The  Commission's  first  work 
programme  reflects  this  change  of  approach.  It  includes  just  23  major  new  initiatives  all 
closely  aligned  with  the  agreed  political  priorities.  The  additional  and  routine  actions  that 
follow during the year will also reflect the same sense of focus and purpose. The 'EU Budget 
focused on results' initiative will also aim to demonstrate the added value of the EU budget 
for EU citizens. 

Political priorities drive Commission action on the challenges that the EU faces today.  Better 
regulation is a tool to provide a basis for timely and sound policy decisions – but it can never 
replace political decisions.    

Today  we  outline  further  measures  to  deliver  better  rules  for  better  results.  We  will  further 
open  up  policy-making and  listen  and  interact  better  with  those  who  implement  and  benefit 
from EU legislation. We will take a fresh look across  all policy areas to see where existing 
measures need to be improved. 

We will continue as we have started: focusing on the things that really do need to be done by 
the EU and making sure they are done well. Applying the principles of better regulation will 
ensure that measures are evidence-based, well designed and deliver tangible and sustainable 
benefits for citizens, business and society as a whole. 

This  applies  both  to  new  and  the  large  body  of  existing  EU  legislation.  This  legislation  is 
essential for sustainable development, for the single market that drives our economy and for 
unlocking  the  investments  needed  to  support  jobs  and  growth.  It  underpins  the  European 
social  model  and  gives  meaning  to  the  rights  and  freedoms  that  citizens  cherish,  including 
their  security  and  right  to  justice.  It  also  helps  us  respond  to  common  challenges  such  as 
energy security and protecting the environment and the climate. In many cases, one set of EU 
rules replaces a patchwork of 28 different national rules, so making life easier for citizens and 
businesses,  simplifying  the  legal  framework,  reducing  regulatory  burdens  across  the  single 
market and increasing regulatory predictability.    

The  body  of  EU  law  is  not  only  necessary,  it  is  our  great  strength  -  it  makes  the  EU 
qualitatively  different  from  any  other  model  of  collective  governance  in  the  world.  That  is 

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why  it  is  so  important  that  every  single  measure  in  the  EU's  rulebook  is  fit  for  purpose, 
modern, effective, proportionate, operational and as simple as possible. Legislation should do 
what it is intended to do, it should be easy to implement, provide certainty and predictability 
and  it  should  avoid  any  unnecessary  burden.  Sensible,  realistic  rules,  properly  implemented 
and enforced across the EU. Rules that do their job to meet our common objectives - no more, 
no less.  

Better regulation is not about "more" or "less" EU legislation; nor is it about deregulating or 
deprioritising certain policy areas or compromising  the values  that we hold  dear: social and 
environmental  protection,  and  fundamental  rights  including  health  -  to  name  just  a  few 
examples. Better regulation is about making sure we actually deliver on the ambitious policy 
goals we have set ourselves. 

Over the last decade, the EU has introduced a comprehensive set of better regulation tools and 
procedures  to  ensure  this.  These  important  changes  are  already  delivering  results  but  this 
Commission has decided to go further.  

Our  commitment  to  better  regulation  must  apply  across  the  board  building  on  the  progress 
already  made  with  impact  assessment  and  the  Regulatory  Fitness  Programme  (REFIT).  We 
should  not  impose  policies  but  prepare  them  inclusively,  based  on  full  transparency  and 
engagement,  listening  to  the  views  of  those  affected  by  legislation  so  that  it  is  easy  to 
implement. We are open to external feedback and external scrutiny to ensure we get it right. 
EU  policies  should  also  be  reviewed  regularly:  we  should  be  transparent  and  accountable 
about  whether  we  are  meeting  our  policy  objectives,  about  what  has  worked  well  and  what 
needs to change.  

Better  regulation  is  not  a  bureaucratic  exercise.  Citizens,  businesses  and  other  stakeholders 
judge  the  EU  on  the  impacts  of  its  actions:  not  just  new  initiatives,  but,  even  more 
importantly,  the  rules  already  in  force.  The  Commission  commits  to  taking  political 
responsibility for applying better regulation principles and processes in its work and calls on 
the other EU institutions and the Member States to do likewise. 

2.  OPENNESS AND TRANSPARENCY 

2.1.  Consulting more, listening better 

Opening  up  policy-making  can  make  the  EU  more  transparent  and  accountable,  but  it  also 
ensures that policies are based on the best available evidence and makes them more effective. 
At  all  levels  –  local,  regional,  national  and  at  Union  level  –  those  affected  by  legislation 
understand best the impact that legislation will have, and can provide the evidence needed to 
improve it.  

The Commission intends to listen more closely to citizens and stakeholders, and be open to 
their  feedback,  at  every  stage  of  the  process  – from  the  first  idea,  to  when  the  Commission 
makes a proposal, through to the adoption of legislation and its evaluation. The Commission 
intends to establish a web portal where each initiative can be tracked.  

Building on the existing minimum standards for consultations1, the Commission's new Better 
Regulation Guidelines strengthen our commitment to consultations that are of a high  quality 
and transparent, reach all relevant stakeholders and target the evidence needed to make sound 
decisions. This will be done in two key ways. 

1   COM(2002) 704 complemented by COM(2012) 746, SWD(2012) 422 and COM(2014) 368 

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First,  stakeholders  will  be  able  to  express  their  views  over  the  entire  lifecycle  of  a  policy. 
"Roadmaps" and "inception impact assessments" will give stakeholders the chance to provide 
feedback  and  prompt  them  for  relevant  information,  right  from  the  very  start  of  work  on  a 
new  initiative.2  There  will  also  be  twelve-week  public  consultations  when  preparing  new 
proposals and when we evaluate and carry out "fitness checks" of existing legislation. After 
the Commission has adopted a proposal, national parliaments have the opportunity to provide 
reasoned  opinions  on  subsidiarity.  In  addition,  the  Commission  will  invite  citizens  or 
stakeholders to provide feedback within eight weeks3: to feed these views into the legislative 
debate, the Commission will collect them and and present them to the European Parliament 
and the Council.  

Second,  all  stakeholders  will  be  able  to  provide  feedback  on  acts  setting  out  technical  or 
specific  elements  that  are  needed  to  implement  the  legislation  adopted  by  the  European 
Parliament and the Council. For the first time the draft texts of delegated acts will be open to 
the public at large on the Commission's website for four weeks in parallel to the consultation 
of experts in the Member States. Important implementing acts which are subject to Committee 
opinion will also be made public for four weeks, allowing stakeholders to submit comments 
before any vote by Member States in the relevant Committee4. The Commission will publish 
an  indicative  list  online  of  any  such  acts  in  the  pipeline,  so  stakeholders  can  plan  ahead. 
Proportionate  impact  assessments  will  also  be  necessary  whenever  impacts  are  likely  to  be 
significant. 

Given  the  role  and  autonomy  of  social  partners,  specific  arrangements  will  apply  to  the 
Commission's consultations under art. 154 TFEU and to its proposals under art. 155 TFEU. 

2.2.  Explaining better what we are doing, and why 

In every case, we need to explain better why we are acting, what results we hope to achieve, 
and what the impacts might be. An improved explanatory memorandum will accompany each 
Commission proposal5. In addition to explaining the purpose of the proposed measure, it will 
explain how better regulation principles have been applied: why the initiative is needed, why 
it  is  the  best  tool  for  the  EU  to  use,  what  stakeholders  think  and  what  the  likely 
environmental,  social  and  economic  impacts  are,  particularly  those  on  competitiveness  and 
small and medium-sized enterprises (SMEs). It will also include a more thorough explanation 
of how the initiative meets the twin tests of subsidiarity (why the goal cannot be achieved by 
the Member States alone) and proportionality (why the measure proposed does not go further 
than what is needed to meet its goal). This is essential to promote accountability. 

2   Such  roadmaps  and  inception  impact  assessments  will  be  circulated  via  an  automated  alert  system  at 

https://webgate.ec.europa.eu/notifications/homePage.do; 
http://ec.europa.eu/transparencyregister/public/homePage.do  

3   Without prejudice to specific arrangement applying to the Commission's proposals under art 155 (2) TFEU.  

4   Certain  exceptions  will  apply  to  both  draft  delegated  and  implementing  acts  including:  when  the  draft 
implementing  acts  concerns  financial  management  and,  for  both  types  of  acts,  when  no  (or  limited)  
discretion exists on the content; when extensive consultation has already taken place during the preparation 
of  the  act  (such  as  that  undertaken  by  an  EU  Agency);  when  urgency  prevents  such  consultations;  or  for 
other duly justified reasons.  

5   An  explanatory  memorandum  is  required  for  all  legislative  proposals  and  delegated  acts  but  not  for 

implementing acts. 

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2.3.  How  EU  law  affects  people,  businesses  and  society  as  a  whole  –  everyone's 

chance to have their say 

The  Commission  wants  stakeholders  to  be  able  to  provide  feedback  –  not  just  at  fixed 
"checkpoints"  as  a  particular  policy  is  developed  –  but  on  any  aspect  of  EU  policy  and 
legislation,  at  any  time.  We  want  to  know  how  EU  law  affects  people  and  businesses,  and 
how we can make it work better. 

A  new  "Lighten  the  Load  –  Have  Your  Say"  feature  on  the  Commission's  better  regulation 
website  will  give  everyone  a  chance  to  air  their  views  and  make  comments  on  existing  EU 
laws  and  initiatives  in  addition  to  the  formal  consultations  the  Commission  undertakes.  We 
want  to  hear  what  people  find  irritating,  burdensome,  or  in  need  of  improvement.  We  will 
respond  by  following  up  directly,  or  sending  the  comment  for  further  consideration  by  the 
new stakeholder platform described below. This will give European citizens, social partners 
and  individual  companies  a  direct  mean  to  understand  and  influence  EU  policy,  using 
interactive tools fit for the digital age.  

3.  DOING IT BETTER: BETTER TOOLS FOR BETTER POLICIES 

3.1.  Achieving our objectives: better regulation as a balanced agenda 

Better regulation is not about favouring certain policies or objectives over others. It is about 
being clear on the objectives, whatever they are. It is about ensuring that the policy solution is 
the best and least burdensome way to reach those objectives and it is about being honest about 
how  well  solutions  are  working.  All  significant  impacts  –  whether  positive  or  negative, 
quantifiable or not – should be analysed and considered. 

New, integrated Guidelines on Better Regulation will apply to the Commission's work from 
today6.  They  will  ensure  that  economic,  social  and  environmental  impacts  continue  to  be 
considered  alongside  each  other  in  all  of  the  Commission's  analytical  work  together  with 
fundamental rights.  They re-commit the Commission  to  use the best available evidence and 
science  and  reinforce  the  commitment  to  put  in  place  clear  monitoring  and  implementation 
plans before measures are adopted. They will also ensure that keeping the EU competitive and 
the EU's development sustainable remains a priority in all we do.  

When considering policy solutions, we will consider both regulatory and well-designed7 non-
regulatory means as well as improvements in the implementation and enforcement of existing 
legislation. We  will  ensure  solutions  that  take  advantage  of  all  the  opportunities  that  digital 
and  other  technologies  can  offer  today  and  might  offer  tomorrow,  without  constraining 
innovation and  operating effectively both in the digital and the physical worlds.  

We  are  paying  particular  attention  to  the  rules  that  affect  SMEs,  which  too  often  feel  held 
back by red tape. However, not all of these rules come from Brussels. And, many EU rules are 
as  pertinent  for  smaller  businesses  as  they  are  for  larger  companies:  a  worker  in  a  small 

6   A transitional period will apply until the end of 2015 for those initiatives which are already well advanced. 
In referring to the new requirements in the Better Regulation Guidelines, the new Regulatory Scrutiny Board 
will  make  a  pragmatic  assessment  in  its  quality  reviews  taking  into  account  the  timing  of  the  preparatory 
process for each impact assessment and main evaluation falling under its scrutiny. The public consultation 
on draft delegated and implementing acts and the publication of the respective planning will be phased in 
together with the necessary internal processing requirements.  

7   See 

the  principles 

for  better  self-  and  co-regulation  and 

the  Community  practice 

thereof: 

http://ec.europa.eu/digital-agenda/en/communities/better-self-and-co-regulation  

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business  making  artisan  products  has  the  same  right  to  health  and  safety  protection  as 
someone  on  the  shop  floor  in  a  huge  factory.  But  if  the  legislative  framework  is  too 
complicated, too burdensome, or too bureaucratic, the risk is that smaller business are simply 
not able to follow it – so workers are not protected, or scarce company resources are spent just 
applying the rules, rather than growing the business and creating jobs. 

We will apply the "Think Small First" principle more thoroughly when preparing initiatives: 
taking the interests of small- and medium-sized businesses into account when designing and 
evaluating policies, and envisaging a lighter regime for them including an outright exemption 
for micro-businesses wherever it is possible and makes sense.8 Where either is not possible, 
for instance because it would not allow an effective achievement of the social, environmental 
and economic objectives of the proposed legislation, the Commission will explain why.  

3.2.  A Commission that is open to scrutiny 

The  above  commitments  are  an  ambitious  change  to  how  we  operate.  Scrutiny  can  help  us 
stick  to  our  better  regulation  principles,  ensuring  proposals  are  based  on  the  best  available 
evidence and analysis. 

Since 2006, the Impact Assessment Board has fulfilled this scrutiny role. It has ensured the 
quality of the impact assessment work the Commission undertakes ahead of its decisions on 
new initiatives. As announced in December 20149, a new Regulatory Scrutiny Board will take 
the place of the existing Board and will have a strengthened role.  

The  new  Board  will  assess  the  quality  of  the  impact  assessments  which  inform  political 
decision-making. Should the Commission decide to take action in the absence of an adequate 
supporting  impact  assessment,  it  will  publicly  explain  why.  Contrary  to  the  past,  the  Board 
will also check major evaluations and "fitness checks" of existing legislation.  

The  composition  of  the  Board  will  allow  it  to  deliver  an  impartial  opinion  on  the  basis  of 
comprehensive  know-how  of  the  relevant  analytical  methods.  Accordingly,  the  new  Board 
will have a chairperson plus six members who, for the first time, will work full time and be 
free of any policy responsibilities within the Commission. In addition, three of these members 
will  be  recruited  for  fixed,  non-renewable  terms  from  outside  the  EU  Institutions.  All 
members will be selected via rigorous and objective selection procedures on the basis of their 
expertise.   

3.3.  A shared commitment from EU Institutions 

Commission proposals are just that— proposals. They are for consideration and adoption by 
the  co-legislators.  Proposals  rarely  emerge  from  the  legislative  process  unchanged: 
amendments are made by the European Parliament and the Council. Once agreed, the act is 
transposed nationally or regionally by the Member States. This can affect the benefits and the 
cost it brings – for better or for worse.  

Although  the  Commission  has  a  key  role  in  better  regulation,  it  cannot  deliver  it  alone.  As 
part of the democratic process, the right to amend legislation naturally lies with the European 
Parliament and the Council – but so does the responsibility to take account of the impacts of 

8   Definitions 

and 
http://ec.europa.eu/enterprise/policies/sme/facts-figures-analysis/sme-definition/index_en.htm  

businesses 

medium 

small, 

micro 

are 

set 

of 

9   See IP/14/2761. 

out 

here: 

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their  amendments.  The  European  Parliament  and  the  Council  should,  therefore,  mirror  the 
Commission's  commitment  to  better  regulation,  as  should  Member  States  when  transposing 
and implementing EU law. 

The  2003  Inter-institutional  Agreement  on  better  law-making  sets  out  how  the  European 
Parliament,  the  Council  and  European  Commission  should  cooperate  to  ensure  the  best 
possible  preparation  of  EU  legislation.  However,  these  good  intentions  have  not  been 
implemented  consistently.  For example, between 2007 and 2014, the Commission  produced 
over  700  impact  assessments;  in  the  same  period,  the  European  Parliament  assessed  the 
impact of around 20 of its amendments, while the Council assessed none. Only rarely do the 
co-legislators  begin  their  consideration  of  a  proposal  with  a  proper  review  of  the 
Commission's  impact  assessment.  And  particularly  in  the  final  stages  of  negotiations,  deals 
are  found  without  taking  full  account  of  the  direct  and  indirect  impacts  that  compromise 
amendments may trigger. 

In the past, the European Parliament and the Council have at times been hesitant to agree to 
measures  that  would  reduce  administrative  burdens.  For  example,  a  proposal  for  a  standard 
VAT declaration has been diluted and blocked by the Member States in the Council – putting 
at risk € 15 billion in savings. Member States also often go beyond what is strictly required by 
EU  legislation  when  they  implement  it  at  national  level  ("gold-plating").  This  may  enhance 
the benefits but can also add unnecessary costs for businesses and public authorities which are 
mistakenly associated with EU legislation.  

However,  the  Commission  recognises  that  a  new  political  mood  in  both  the  European 
Parliament and Council provides the opportunity for all - not just to commit to the principles 
of better regulation – but to make those principles stick. 

Real change will only happen through a commitment shared between all EU institutions, and 
each  and  every  Member  State.  The  Commission  is  proposing  a  new  agreement  with  the 
European Parliament and the Council. The aim is that all parties commit to legislate better and 
to work together better so that citizens, businesses and society as a whole can see the benefits 
of the EU in their daily lives. We see better regulation as a major political priority – for new 
proposals,  and  for  existing  legislation.  Given  our  shared  responsibility  to  the  EU  public  at 
large, we call upon the other institutions to do likewise, and work together with us to achieve 
it.  

In particular, we are calling on the European Parliament and the Council to: 

  Prioritise initiatives that would simplify or improve existing laws such as those initiatives 
identified in the Commission's REFIT programme – to deliver the intended benefits more 
quickly; 

  Carry  out  an  impact  assessment  on  any  substantial  amendments  that  the  European 
Parliament  or  the  Council  propose  during  the  legislative  process.  Where  the  European 
Parliament  and  the  Council  find  an  agreement  significantly  different  from  the  initial 
Commission  proposal,  they  should  assess  the  likely  economic,  social  and  environmental 
impact and regulatory burden before any final decision is taken;  

  Agree  that  legislation  should  be  comprehensible  and  clear,  allow  parties  to  easily 
understand  their  rights  and  obligations  include  appropriate  reporting,  monitoring  and 
evaluation requirements, avoid disproportionate costs, and be practical to implement;  

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  Agree that each institution may call for an independent panel to carry out an assessment of 
these  factors following  any substantial amendment to  the Commission  proposal. Such an 
assessment  should  be  finalised  and  made  public  within  a  reasonable  amount  of  time  and 
take into account any existing impact assessment work. Each institution would appoint to 
the  panel  a  member  who  would  demonstrably  have  the  specific  expertise  needed,  no 
conflict of interest and who would act independently from the appointing authority; 

  Agree that legislation already in force should have been properly evaluated, to see whether 

existing tools could be used to do the job – before considering new initiatives; 

  Include  systematically  in  every  new  act  provisions  to  allow  monitoring  and  future 

evaluation; 

  Urge Member States to avoid unjustified "gold plating" of EU rules when transposing them 
into  national  law.  While  this  may  help  achieving  the  legislation's  objectives  in  the  local 
context  or  aim  to  deliver  greater  benefits,  it  may  also  impose  significant  extra  burdens. 
Member States should be invited to explain the reasons for any such gold-plating; 

  Agree to a revised common understanding on delegated acts, including criteria to delineate 

between delegated acts and implementing acts;10 

  Be more transparent and participative; 

  Commit  to  better  legal  drafting  so  that  EU  laws  are  correct,  comprehensible,  clear,  and 
consistent  -  so  that  everyone  understands  their  rights  and  obligations  easily  and  with 
certainty; 

  Promote "recast" legislation, so that laws remain clear and well-structured even after being 

amended; and 

  Make  EU  legislation  as  accessible  as  possible:  so  everyone  can  see  the  legislation  that 

affects them— online, up-to-date, reliable, complete and consolidated. 

The Commission's proposal for a new interinstitutional agreement provides a solid foundation 
for negotiations and the Commission hopes the three Institutions can finalise a new agreement 
by the end of this year. 

4.  REFRESHING THE EXISTING STOCK OF LEGISLATION 

Looking  at  benefits  and  costs  should  be  more  than  just  a  "snapshot"  taken  at  the  birth  of  a 
policy: assessment and evaluation should continue over a policy's lifetime to ensure it stays fit 
for purpose. This means looking back, after a policy has been implemented, at the impact the 
policy  actually  had  on  specific  sectors,  and  suggesting  ways  to  lighten  the  load  without 
reducing  the  policy  ambition.  Such  an  evaluation  will  generally  involve  an  open  public 
consultation. 

We  should  be  clear  about  where  there  have  been  disappointing  results  and  unintended 
consequences,  whether  economic,  social  or  environmental.  We  should  be  prepared  to 

10   These criteria would be formulated taking into account the Szájer report from the European Parliament (on 
the  follow-up  on  the  delegation  of  legislative  powers  and  control  by  Member  States  of  the  Commission's 
exercise of implementing powers). Alignment of the regulatory procedure with scrutiny with the Treaty of 
Lisbon could follow the agreement on a new common understanding. 

9 

 
 
                                                            
reconsider and improve it where needed. We also need to find new ways to discuss and agree 
with  the  European  Parliament  and  the  Council  about  what  has  worked  and  what  has  not. 
Without  this,  there  can  be  no  meaningful  attempt  to  cut  red  tape  or  make  the  necessary 
changes to legislation. 

The natural tendency of politicians is to focus on new initiatives. However, the EU is judged 
not  just  on  new  political  initiatives,  but  on  the  benefits  and  the  burden  of  existing  EU 
legislation. As such, actively managing existing EU legislation is just as important politically 
as preparing new initiatives. 

Over time, even well-designed legislation may become out of date, more burdensome than it 
needs to be, or ceases to achieve its objectives. For example, changes in the market may mean 
a law is no longer useful, relevant, or serving its purpose. Changing technology may offer the 
opportunity  to  deliver  the  policy  goal  in  a  better  way  –  for  example,  allowing  a  form  to  be 
submitted online. Lessons learned from implementing a policy through better monitoring and 
evaluation may also provide fresh evidence about which policy solution is the best. 

4.1.  The REFIT programme – keeping EU Law fit for purpose 

The  Regulatory  Fitness  and  Performance  Programme  (REFIT)  is  the  Commission's 
programme  for  ensuring  that  EU  legislation  remains  fit  for  purpose  and  delivers  the  results 
intended  by  EU  law  makers.  REFIT  is  not  about  deregulation  but  rather  about  regulating 
better. It aims to unlock the benefits of EU law for citizens, businesses and society as a whole 
in the most efficient and effective way, while removing red tape and lowering costs without 
compromising policy objectives. REFIT is not a one-off review: it is a lasting commitment to 
keeping the body of EU law lean and healthy.  

REFIT  and  ambitious  policy-making  go  hand-in-hand.  Candid  assessments  of  existing 
legislation  will  often  serve  to  highlight  ways  of  lightening  the  regulatory  load  to  improve 
implementation and raise standards. They can also identify new policy challenges emerging in 
a fast-changing world that older legislation is ill-equipped to address. 

Since its launch in 2012, REFIT has already brought into much sharper focus the day-to-day 
challenges  the  existing  stock  of  legislation  brings  for  citizens  and  businesses.  Progress  is 
monitored  using  the  REFIT  scoreboard:  the  latest  version  is  published  today.11  Building  on 
this momentum, the Commission intends to  strengthen REFIT so as to achieve better,  more 
tangible results. REFIT will be more: 

  Targeted  –  by  focusing  on  the  most  serious  sources  of  inefficiency  and  unnecessary 

burden; 

  Quantitative  –  estimates  of  the  potential  benefits  and  cost  savings  will  accompany  each 
REFIT  proposal;  an  update  of the  estimates  will  be  published  following adoption  of  the 
legislation; and the Commission will work together with Member States and stakeholders 
to check whether this potential is being translated into real impacts on the ground;  

 

Inclusive  –  the  new  REFIT  Platform  will  be  an  invaluable  source  of  suggestions  to 
improve EU laws; 

11   SWD(2015)110 

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  Embedded  in  political  decision-making  –  REFIT  will  feature  prominently  in  each  year's 
work programme and in the Commission's political dialogue with the other EU institutions 
before and after the adoption of the work programme.  

REFIT  is  a  shared  responsibility.  The  Commission  calls  on  the  European  Parliament  and 
Council  to  give  strong  backing  to  initiatives  designed  to  improve  the  effectiveness  and 
efficiency of the existing stock of legislation. 

4.2.  REFIT in action 

All future REFIT initiatives will reflect this new strengthened approach, drawing on the work 
of  the  new  REFIT  Platform  and  the  results  of  ongoing  evaluations,  in  particular  those 
evaluations and Fitness Checks identified as priorities under REFIT.  

Lessons  learned  from  these  reviews  will  help  shape  the  design  of  future  legislative 
proposals.  Where  regulatory  costs  are  found  to  be  disproportionate  to  the  goals  pursued, 
alternative  approaches  to  achieving  the  same  goals  will  be  explored.  For  instance,  future 
reviews of the rules on the VAT special scheme for small businesses, the EU custom single 
window and the Ecological Focus Areas could lead to significant savings.  

New and ongoing initiatives to reduce burdens… 

A number of new initiatives will be announced as part of the Commission work programme 
later in the year. However, the Commission is already working actively to reduce burdens in 
areas such as:  

–  Public  procurement:  The  Commission  will  propose  a  standard  data  form  to  address  the 
difficulties  experienced  by  SMEs  faced  with  the  repeated  need  to  fill  in  lengthy  and 
complex public procurement documentation. 

–  Business  statistics:  The  Commission  will  measure  and  deliver  cost-savings  for  business 
under a Framework Regulation Integrating Business Statistics (FRIBS) and Single Market 
Statistics (SIMSTAT).  

–  Chemicals Legislation: EU chemicals legislation has brought considerable cost savings to 
businesses operating in the Single Market. However, small companies find it difficult and 
costly  to  comply  with  the  associated  administrative  requirements.  The  Commission  will 
tackle these concerns by simplifying the rules for substances used in small quantities and 
by delivering an action plan to help SMEs to meet the 1 June 2018 registration deadline for 
these  quantities.  Proposals  to  simplify  the  authorisation  procedure,  reduce  the  amount  of 
information required and increase the predictability of the process will be made in 2015. 

Repealing outdated legislation… 

In  addition,  the  Commission  will  continue  to  screen  sectoral  legislation  to  identify  and 
propose the repeal of outdated legislation that no longer serves its purpose or is excessively 
burdensome.  Twenty-three  candidates  for  repeal  have  been  identified  in  various  policy 
areas12.  Annual  exercises to  identify  obsolete  acts are  carried out  in  the  areas  of  agriculture 
and fisheries. These best-practices will be extended across the Commission. 

12   For details see REFIT Scoreboard 

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Evaluations and Fitness Checks… 

In addition, reviews and comprehensive evaluations are underway and will prepare the ground 
for possible future action across a wide range of policies and legislation – for instance on late 
payments, pesticides; food nutrition and health claims; motor insurance; the EU Derivatives 
Regulation and the Capital Requirements Regulation. 

Other evaluation work in the REFIT pipeline is also nearing completion. In particular:    

–  The Fitness Check of the General food law (Regulation 178/2002) will evaluate whether its 
fundamental  principles  and  definitions  have  been  implemented  effectively  and  whether 
new  responsibilities  for  operators  are  fit  for  purpose,  taking  into  account  the  rules  and 
standards established by the subsequent legislation, their implementation and the resulting 
cumulative effects and potential overlaps. 

–  As a follow up to the comprehensive evaluation of Occupational Health and Safety set to 
conclude end 2015, the Commission will identify shortfalls that need to be addressed and 
develop specific measures to relieve the burdens for SMEs and to help them comply with 
EU  requirements.  Possible  action  to  improve  coherence  and  consistency  between 
Occupational  Health  and  Safety  legislation  and  chemicals  legislation  (REACH)  will  be 
considered.  

–  Similarly, the results of the Fitness Check on chemicals legislation outside of REACH (to 

be concluded in 2016) will identify possible further burden reduction actions. 

Improving implementation… 

Reducing administrative burden is not only about changing legislation. There are many other 
ways to help improve the way EU law is implemented. For example, the Commission will:  

–  Launch  a  broad  review  of  reporting  requirements  to  see  how  burdens  can  be  alleviated. 
This review will have a particularly strong focus on areas where stakeholders have recently 
indicated their concerns, such as agriculture, energy, environment and financial services. 

–  Cooperate with Member States in examining the best ways to ensure compliance with EU 
law  at  national  level,  including  those  that  have  initiated  a  review  of  how  well  EU  and 
Member  State  regulation  combines  to  help  protect  the  environment  (as  in  the  'Make  It 
Work' initiative). The objective is to identify solutions to enhance the efficient application 
of EU law at national and local level by reducing its complexity while maintaining its level 
of protection.   

–  Finalise work on a database to provide a comprehensive and reliable overview of EU and 

Member State requirements for food labelling to assist SMEs in particular.  

–  Continue  to  carefully  monitor  that  EU  Directives  are  transposed  in  a  clear,  correct  and 
timely  manner  and  that  EU  rules  are  properly  implemented  and  enforced  in  all  Member 
States,  bringing  legal  certainty  and  allowing  citizens  and  businesses  to  benefit  from  the 
opportunities of the single market. 

Simplifying EU funding… 

Finally,  the  Commission  has  long  advocated  the  simplification  of  the  management  of  EU 
funds  to  help  maximise  the  benefits  of  this  funding  while  maintaining  high  standards  of 
financial  management.  Progress  on  simplification  is  monitored  through  an  Administrative 
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Simplification Scoreboard, regularly published by the Commission.13 The complexity of the 
administrative  rules  for  the  implementation  of  the  EU  budget,  both  at  Union  and  Member 
States’  level,  increases  red-tape,  delays,  cost  of  controls  and  errors.  Simplification  is  a 
building  block  of  the  new  EU  'Budget  focused  on  results'  effort  and  the  Commission  will 
continue this work, for instance in the area of:  

–  The Common Agricultural Policy, where the Commission will simplify the management of 
the  Common  Market  Organisation  notably  by  merging  200  existing  Commission 
Regulations into 40 implementing and delegated acts.  

–  The  European  Structural  and  Investment  Funds,  where  the  Commission  will  establish  a 
high-level  group  to  monitor  the  delivery  of  simplification  by  Member  States;  launch  a 
series  of  studies  to  examine  further  options  for  cost  reduction  and  simplification;  and 
create  an  interactive  database  of  legal  texts  and  guidance  documents  for  Member  States, 
beneficiaries and stakeholders. 

–  Implementation of Horizon 2020, where a second wave of simplification measures for the 

framework programme for research and innovation is under preparation.  

4.3.  An inclusive approach 

The Commission will actively seek stakeholder input on how to improve EU legislation.  

Alongside  the  new  website  "Lighten  the  Load  -  Have  Your  Say"  detailed  above,  the 
Commission is establishing a new "REFIT Platform" and will soon give people the chance to 
have  their  voice  heard  and  provide  a  basis  for  inclusive  work  on  a  common  agenda.  The 
Platform  will  involve  high  level  experts  from  business,  social  partners,  and  civil  society 
appointed  through  an  open  and  transparent  process  as  well  as  experts  from  all  28  Member 
States, the European Economic and Social Committee and the Committee of the Regions. Any 
stakeholder with concerns or suggestions will be able to present their views on the impact of 
EU laws to the Platform and suggest how the legislation can be improved. The Platform will 
consider those suggestions, prompt views on specific themes, such as "barriers to digitisation" 
or "to innovation", and make concrete suggestions to the Commission.  

The  First  Vice-President  of  the  Commission  will  chair  the  Platform.  The  Commission  will 
react to all the Platform's suggestions and systematically explain how it intends to follow up. 
The Commission will invite Member States to do the same in cases where suggestions relate 
to national transposition and implementation.  

5.  CONCLUSION 

This  Communication  sets  out  a  series  of  actions  which  demonstrate  the  Commission’s 
renewed  commitment  to  apply  Better  Regulation  to  its  everyday  work.  The  aim  is  to  work 
more  transparently  and  inclusively  to  produce  higher  quality  proposals,  and  ensure  that 
existing rules deliver important societal goals more effectively.  

However, the Commission cannot deliver Better Regulation on its own. This requires a shared 
commitment  by  all  EU  institutions,  Member  States  and  other  actors  such  as  the  social 
partners. The European Parliament and the Council have a particular responsibility to produce 
better  regulation.  The  Commission  invites  them  to  start  negotiations  rapidly  on  the  basis  of 

13 Simplification Scoreboard for the MFF 2014-2020, COM(2014) 114 final, 3.03.2014. 

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the Commission's proposal for a new interinstitutional agreement – with the aim to finalise it 
before the end of 2015. 

14