COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS Long term action plan for better implementation and enforcement of single market rules
Date: 2020-03-10
Institutions: Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs, European Commission
Subjects: EU Member State, action programme, application of EU law, external border of the EU, single market

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 10.3.2020  COM(2020) 94 final  COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS Long term action plan for better implementation and enforcement of single market rules  
 
 
INTRODUCTION 

The single market is one of the EU’s greatest achievements. It is at the heart of the European 
project,  has  fuelled  economic  growth  in  the  past  decades  and  made  the  life  of  European 
consumers  and  businesses  easier.  The  EU  accounts  for  18%  of  global  economic  output, 
second  only  to  the  United  States.  A  well-functioning  single  market  allows  EU  citizens  to 
enjoy a wider choice of services and products and better job opportunities. The single market 
gives EU economic operators a large domestic market, stimulating trade and competition, and 
improving  efficiency.  This  is  fundamental  for  achieving  the  EU’s  green  and  digital 
transformations and serves as a springboard to compete globally.  
The  New  industry  strategy  for  Europe  adopted  today1  puts  the  single  market  at  its  core,  as 
one  of  the  fundamentals  of  Europe’s  industrial  transformation.  To  make  the  single  market 
work  for  all,  EU  law  puts  in  place  common  rules  to  eliminate  barriers  and  facilitate  the 
circulation of goods and services across the EU, while also protecting consumers.  

These rules can only deliver the intended effects if they are properly designed and enforced. 
However, compliance with single market rules falls short. The Communication on barriers to 
the single market shows the many barriers that still exist2 – and in too many cases they derive 
from  incorrect  or  incomplete  application  at  national  level  of  already  agreed  EU  legislation. 
The free movement rights of market operators and investors still encounter many regulatory 
and  administrative  barriers  and  Europeans  are  exposed  to  illicit  or  dangerous  products  and 
services  due  to  lack  of  practical  surveillance,  inspection,  detection  and  sanctioning  of 
economic operators when they violate single market rules.  

All  along  the  regulatory  lifecycle,  Member  States  and  the  Commission  share  the 
responsibility to ensure that single market rules are complied with and that citizens’ rights are 
enforced.  

Member  States  have  an  obligation  to  apply  correctly  what  they  have  agreed  as  European 
legislators. They also have the responsibility to ensure detection of and remedy violations of 
single market rules in their own territory. The Commission, as guardian of the Treaty, has the 
responsibility to be vigilant that all Member States implement and comply with single market 
rules, and to act decisively through infringement procedures if the rules are not respected.  

In March 2019, the European Council invited the Commission to develop a long-term action 
plan  for  better  implementation  and  enforcement  of  single  market  rules,  in  close 
coordination  with  the  Member  States.  Since  then,  Member  States  have  repeated  their 
commitment to stronger enforcement3. The Commission welcomes the call by the European 
Council and shares the view of Member States that implementation of and compliance with 
single market rules need to be substantially improved.  

1   COM(2020)102 10.3.2020 
2   COM(2020)93, 10.3.2020 
3  The  Competitiveness  Council  Conclusions  of  27 May  2019  further  developed  this  request,  asking  the 
Commission  to  increase  transparency  and  political  ownership  of  the  implementation  and  enforcement 
actions. Subsequently, Member States have repeatedly stressed the importance of enforcement, as well as the 
need for stronger partnership and improved cooperation with the Commission. This was also reinforced in a 
letter signed by all Member States and submitted at the Coreper II meeting on 29 November 2019.   

1 

 
                                                 
Based  on  a  renewed  partnership  between  Member  States  and  Commission,  and  taking  into 
account  the  findings  presented  in  today’s  Communication  on  barriers  to  the  single  market, 
this Action Plan presents a range of actions, with the objective to maximise the effectiveness 
and efficiency of compliance and enforcement across the EU.  

Current enforcement challenges 

Trade  within  the  single  market  accounts  for  56 million  European  jobs4  and  the 
estimated economic benefits range between 8% and 9% of EU GDP5. It is estimated that 
further improvements of the single market for manufactured products could generate between 
183  and  269 billion  EUR  annually,  while  further  integration  of  the  services  markets  could 
amount to gains of 297 billion EUR per year6. These increases alone could raise the economic 
benefits from 8-9% to around 12% of additional GDP. 

 Sometimes, it appears that Member States breach agreed single market  rules, or create and 
tolerate  obstacles  in  national  law,  with  the  aim  of  creating  additional  protection  in  their 
market  and  deriving  advantages  for  national  businesses.  The  possible  gains  are  often  very 
short term, but the impact on European businesses can be much more damaging, making it far 
more  difficult  to  scale  up  on  a  genuine  level  playing  field  and  create  global  leaders,  thus 
skewing the level playing field from within. This disproportionately affects SMEs and start-
ups. Bigger companies have the means to comply with different sets of rules, but SMEs are 
the first to be penalised by administrative burdens and complexity, especially when crossing 
borders to  conduct business within the single market. This is why the single market  and its 
proper  implementation  and  enforcement  is  fundamental  to  the  SME  Strategy7  also  adopted 
today.  

incorrect 

implementation  and 

lack  of  enforcement  has  damaging 
Insufficient  or 
consequences, both at the European and national level. Citizens and businesses cannot fully 
benefit from their free movement rights, businesses cannot realise the economies of scale that 
the single market can offer, consumers are put at risk by non-compliant products or enjoy less 
choice,  security  of  energy  supply  is  endangered  and  EU  environmental  and  climate  goals 
become  more  difficult  to  achieve.  Law-abiding  businesses  lose  market  share  due  to  unfair 
competition  from  businesses  that  do  not  follow  the  rules  and  that  offer  non-compliant 
products or disregard social protection rules. 

A joint endeavour of Member States and Commission 

Enforcement of single market rules requires first of all that rules are correctly applied within 
each Member State and by every European public authority, and that breaches are sanctioned, 
including  through  infringement  procedures  when  needed.  It  also  requires  the  surveillance, 
inspection  and  sanctioning  of  economic  operators,  removing  their  illegal  products  from  the 

4  Højbjerre  Brauer  Schultz  (2018),  ’25  years  of  the  European  single  market‘,  Study  funded  by  the  Danish 

Business Authority. 

5   Communication “The single market in a changing world”, COM(2018)772. 
6   EP  study  “Europe´s  two  trillion  euro  dividend:  Mapping  the  Cost  of  Non-Europe  2019-2024”,  p.9-11 

(https://www.europarl.europa.eu/thinktank/en/document.html?reference=EPRS_STU(2019)631745)  

7   COM(2020)103 10.03.2020 

2 

 
                                                 
market, whether they are dangerous, counterfeit or non-compliant with environmental, energy 
efficiency regulations or other rules. 

But if we want to realise the benefits of the single market, enforcement needs to be broader 
and  cover  the  entire  life-span  of  the  relevant  rules,  from  inception  to  application.  This 
requires collaboration at all levels of governance in the EU, starting from local and regional 
authorities  and  courts,  all  the  way  to  the  European  level.  It  also  requires  to  think  of 
enforcement  as  a  continuous  exercise  starting  with  designing  the  rules,  through  the 
transposition  by  Member  States,  where  applicable,  to  application  and  the  sanctioning  of 
violations.  It  is  crucial  that  Member  States  and  Commission  support  each  other  in  their 
respective roles to live up to their shared responsibility.  

Preventive  measures  are  an  important  means  to  avoid  the  need  for  remedial  action  at  later 
stages. When it has not been possible to ensure ex ante compliance with single market rules, 
citizens and businesses may find themselves facing regulatory or administrative obstacles and 
thus expect them to be removed by an effective ex post intervention. Enforcement authorities 
need to be well functioning, procedures as well as monitoring have to be fit for purpose, and 
actors  on  the  ground  such  as  public  officials  or  judges  need  to  understand  and  be  able  to 
apply EU law in day-to-day business.  

Member States must ensure compliance with single market law if the rights of individuals or 
businesses are to be protected. This must start at the stage of designing national legislation, 
and be carried through to individual judicial or administrative decisions. The Commission has 
the  task  to  support  Member  States  in  preventing  the  creation  of  new  barriers  to  the  single 
market, in the transposition and application of EU law and to initiate remedial action where 
necessary. 

Tasks and responsibilities for the implementation and enforcement of single market 
rules 

Member States 

Commission 

  Transpose EU law timely and accurately, 
“gold 

refraining 
plating”, and ensure a level playing field 

unjustified 

from 

  Ensure that national legislation is 

proportionate and non-discriminatory  

  Assist Member States in transposing EU 

law correctly, fully and on time 

  Assist Member States in applying EU law 

  Ensure sufficient and proportionate 

  Check the transposition and monitor the 

administrative checks and controls so that 
any breaches are identified 

  Avoid any national measures that 

contradict or hamper the application of 
EU law 

application of EU law 

  Act against breaches of EU Law and take 
formal infringement action if needed 

  Cooperate effectively to ensure compliance with EU law 

A real partnership of the different actors at European and Member State level responsible for 
implementation  and  enforcement  will  be  essential  to  overcome  existing  single  market 
barriers. It will help the directing of targeted enforcement action and improving single market 
law compliance. 

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To  strengthen  cooperation  on  enforcement  of  single  market  rules,  a  joint  Single  Market 
Enforcement  Task-Force  (SMET),  composed  of  Member  States  and  Commission,  will  be 
set up. The SMET would hold regular meetings to assess the state of compliance of national 
law with single market rules, prioritise the most pressing barriers, address unjustified “gold 
plating”, discuss horizontal enforcement issues and follow the implementation of this Action 
Plan.  The  SMET  will  regularly  inform  the  Competiveness  Council  and  the  European 
Parliament’s Internal Market and Consumer Protection Committee. 

The  SMET  will  complement  a  cooperation  network  to  be  set  up  between  national 
enforcement coordinators, making use of the existing Internal Market Advisory Committee 
(IMAC)  framework.  This  format  will  allow  exchanges  of  information  and  best  practices 
between the Commission and Member States as to how national administrations analyse and 
pursue  important  cases  at  national,  regional,  and  local  levels.  Further  possibilities  will  be 
explored  to  improve  coordination  and  communication  on  specific  enforcement  matters 
amongst Member States authorities responsible for single market surveillance. 

In  order  to  succeed  and  to  keep  the  momentum  in  the  implementation,  the  Single  Market 
Scoreboard  will  provide  both  Member  States  and  the  Commission  with  a  useful 
performance-monitoring tool on the application of single market rules. The Commission will 
update  the  single  market  Scoreboard  to  better  reflect  the  end  users’  situation  in  the  single 
market  and  to  support  the  European  Semester.  The  use  of  additional  indicators  will  help 
assess whether the single market is working properly in areas where it is expected to deliver 
most,  such  as  products,  services,  financial  or  digital  markets,  network  industries  such  as 
energy, but also the data economy and circular economy. To this end, the Commission, after 
consultation with the Member States, will propose the use of ambitious additional indicators, 
including on Member States’ performance in those areas.  

4 

 
 
 
ACTION  PLAN  FOR  BETTER  IMPLEMENTATION AND  ENFORCEMENT  OF  SINGLE 
MARKET RULES 

I 

INCREASING KNOWLEDGE AND AWARENESS OF SINGLE MARKET RULES 

National  authorities  and  economic  operators,  especially  SMEs,  are  often  unaware  of  the 
opportunities and benefits resulting from single market legislation. They may also struggle to 
fully  understand  their  obligations  deriving  from  EU  law,  which  leads  to  compliance  and 
enforcement  problems.  The  actions  proposed  aim  to  increase  knowledge  and  awareness  of 
single market rules among the national authorities and courts applying them on a daily basis, 
as well as citizens and businesses.  

  ACTION  1:  Programme  to  provide  more  specific  guidance  tools  for  national 

authorities: 

In  order  to  improve  compliance  and  avoid  market  segmentation,  the  Commission  will 
step  up  guidance  to  Member  States  and  businesses  and  provide  tools  for  better 
coordination in certain areas, including by: 

o 

identifying,  at  the  moment  of  legislative  negotiations,  areas  which  may  cause 
transposition and application risks and where appropriate  consider issuing guidance. 
This  has  already  been  the  case  in  the  recently  adopted  audio-visual8  and  copyright 
rules9; 

o 

issuing  guidance  on  the  legislative  instruments  in  the  digital  area  (revised  telecom 
rules, cybersecurity, copyright, audio-visual);  

o  updating the Handbook on the implementation of the Services Directive10 covering 
recent case-law touching upon core elements of the Services Directive, and providing 
guidance on legal questions arising for example due to the emergence of new business 
models and new ways of providing services; 

o  setting  up  a  central  information  point  on  practical  questions  that  civil  servants  in 
Member  States  have  in  their  daily  work  applying  single  market  law.  This  will  be 
organised  in  cooperation  with  Member  States,  gradually  integrating,  on  a  voluntary 
basis,  specific  national  arrangements  that  have  been  put  in  place  to  implement  EU 
law; 

8   See recital 5, of Directive (EU) 2018/1808 of the European Parliament and of the Council of 14 November 
2018 amending Directive 2010/13/EU 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) in view of changing market realities (OJ L 303, 28.11.2018, p. 69) 
and Articles 13(7) and 33a of  Directive 2010/13/EU 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) (O.J. L 95, 15.4.2010, p. 1) 

9   See Article  17 (10) of Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 
2019  on  copyright  and  related  rights  in  the  Digital  single  market  and  amending  Directives  96/9/EC  and 
2001/29/EC (O.J. L130, 17.05.2019, p. 92).   

10  Handbook  on 

implementation  of 
/publication/a4987fe6-d74b-4f4f-8539-b80297d29715 

the  Services  Directive:  https://op.europa.eu/en/publication-detail/-

5 

 
                                                 
o  updating the Guidance on the application of Articles 34-36 TFEU11; 

o  Issuing  Guidance  on  strategic  (social,  innovation,  green)  and  other  aspects 
(collusion)  of  public   procurement  and  proposing  a  Recommendation  on  Review 
systems; 
issuing Guidance on the principle of Mutual Recognition12; 
issuing Guidance on the Product Liability Directive 13; 
issuing Guidance document on Article 4 of the Market Surveillance Regulation14; 

o 

o 

o 

o  updating  the  Blue  Guide  on  the  implementation  of  EU  for  harmonised  product 

rules15; 

o  publishing  updated  reform  recommendations  for  regulation  of  professional 
services on the basis of the Commission Communication of 17 January 201716. They 
are based on a restrictiveness indicator used for the assessment and benchmarking of 
national  requirements  in  professional  services  to  take  into  account  new  changes  in 
Member States’ regulatory  frameworks and push for further reforms.  These reforms 
can  have  positive  effects  on  workers’  mobility  and  reducing  skills  shortages  and 
mismatch, notably in the context of the green and digital transitions. 

o  supporting Member States on the transposition of the  European Accessibility Act17 
that is expected to increase the availability of accessible products and services in the 
market; 

o  setting  up  platforms  for  exchange  with  Member  States  such  as  the  one  used  for 
Public Procurement Directives, for detailed exchanges between the Commission and 
Member States authorities on specific issues. 

11   https://op.europa.eu/en/publication-detail/-/publication/a5396a42-cbc8-4cd9-8b12-b769140091cd   
12   Recital 5 of Regulation (EU) 2019/515 of the European Parliament and of the Council of 19 March 2019 on 
the mutual recognition of goods lawfully marketed in another Member State and repealing Regulation (EC) 
No  764/2008  (OJ  L  91,  29.3.2019,  p.  1),  foresees  that  the  Commission  should  provide  non-binding 
guidance  in  relation  to  the  case-law  of  the  Court  of  Justice  of  the  European  Union  on  the  concept  of 
overriding reasons of public interest and how to apply the principle of mutual recognition. 

13    Council  Directive  85/374/EEC  of  25  July  1985  on  the  approximation  of  the  laws,  regulations  and 
administrative  provisions  of  the  Member  States  concerning  liability  for  defective  products  (O.J.  L210, 
7.8.1985, p.29). 

14   Regulation  (EU)  2019/1020  of  the  European  Parliament  and  of  the  Council  of  20  June  2019  on  market 
surveillance  and  compliance  of  products  and  amending  Directive  2004/42/EC  and  Regulations  (EC)  No 
765/2008  and (EU)  No 305/2011  (O.J.  L  169, 25.6.2019, p.  1). The  Market  Surveillance  Regulation  was 
adopted in 2019 and aims at improving the market surveillance of products in the EU.  

15   Current Blue Guide on the implementation of EU products rules 2016:  Commission Notice 2016/C 272/01.  
16   Communication  from  the  Commission  to  the  European  Parliament,  the  Council,  the  European  Economic 
and  Social  Committee  and  the  Committee  of  the  Regions  on  reform  recommendations  for  regulation  in 
professional services, COM(2016) 820 final. 

17   Directive  2019/882  of  the  European  Parliament  and  of  the  Council  of  17  April  2019  on  the  accessibility 

requirements for products and services (OJ L 151, 7.6.2019, p. 70). 

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  ACTION 2: Improving access to information on rules and requirements for users 

In  order  to  increase  the  knowledge  of  the  applicable  rules  and  the  obligations  for 
businesses  and  to  reduce  the  cases  of  non-conformity  and  non-compliance,  the  Single 
Digital  Gateway18  will  provide  access  to  comprehensive  information  on  single  market 
rules  and  administrative  procedures  and  will  also  direct  users  to  the  most  relevant 
assistance services.  
The EU Product Contact Points empowered by the recent Goods Package19 will provide 
better and faster information to businesses about the rules that apply to their products.  

  ACTION 3: Online platforms facilitating compliance of products 

Product sellers on e-commerce platforms must be aware of EU product rules and ensure 
that  no  illegal  and  unsafe    products  are  placed  on  the  EU  market.  Possible  measures  to 
improve compliance of products sold via online platforms will be analysed as part of the 
Digital  Services  Act.  The  revision  of  the  General  Product  Safety  Directive20  will  also 
examine product safety challenges in online sales and in the global online supply chain. 

  ACTION 4: Training and exchange of practice for national judges and practitioners 

EU  citizens  and  businesses  rely  on  national  courts  to  protect  their  rights  in  the  single 
market. It is therefore necessary that national judges are well trained on EU law. Training 
programmes and seminars for judges and other legal practitioners in charge of enforcing 
the  single  market  legislation  will  be  stepped  up  to  increase  the  awareness  and 
understanding of single market law. The training and seminars will be part of the national 
training offer, as well as take the form of EU-level training including in the context of the 
coming revision of the European Judicial Training Strategy. 

  ACTION 5: Capacity building for national public administrations 

Upon  Member  States’  request,  dedicated  programmes,  such  as  the  single  market 
Programme  proposed  under  the  Multiannual  Financial  Framework  2021-2027,  will 
provide  financial  incentives  and  technical  support  for  optimising  implementation  and 
enforcement capacities of public administrations.  

The  access  to  the  single  market  Programme  will  be  based  on  comparative  indicators  to 
track  improved  enforcement  in  practice,  for  example,  sectors  inspected,  number  of 
inspectors,  or  the  number  of  products  removed  from  the  market.  Member  States’ 
performances  and  identified  needs  would  then  be  linked  to  the  allocation  of  additional 

18   Regulation (EU) 2018/1724 of the European Parliament and of the Council of 2 October 2018 establishing a 
single digital gateway to provide access to information, to procedures and to assistance and problem-solving 
services and amending Regulation (EU) No 1024/2012 (OJ L 295, 21.11.2018, p. 1) 

19   Regulation (EU) 2019/515 of the European Parliament and of the Council of 19 March 2019 on the mutual 
recognition  of  goods  lawfully  marketed  in  another  Member  State  and  repealing  Regulation  (EC)  No 
764/2008 (OJ L 91, 29.3.2019, p. 1) and Regulation (EU) 2019/1020 of the European Parliament and of the 
Council  of  20  June  2019  on  market  surveillance  and  compliance  of  products  and  amending  Directive 
2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011 (O.J. L 169, 25.6.2019, p. 1) 

20   Directive  2001/95/EC  of  the  European  Parliament  and  of  the  Council  of  3  December  2001  on  general 

product safety (OJ L 11, 15.1.2002, p. 4). 

7 

 
                                                 
capacity  building,  trainings,  exchanges,  etc.  In  this  context,  further  possibilities  to 
facilitate  and  strengthen  the  use  by  businesses  and  citizens  of  national  redress 
mechanisms will also be explored.  

Under the proposed Reform Support Programme, public authorities can request technical 
support linked to reform needs identified by the Member States in line with the European 
Semester, Union priorities and in the economic governance cycle of the Union. 
In addition, the 4th update of the Public Procurement Action Plan 202021 includes a series 
of  new  initiatives  to  help  administrators  and  beneficiaries  of  EU  funds  improve  their 
public  procurement  practices,  to  ensure  a  level  playing  field  and  use  procurement  as  a 
strategic tool to pursue key policy objectives. 

  ACTION  6:  Building  capacity  of  public  procurement  professionals  and 

strengthening the cooperation between national bodies  

The Commission, in partnership with the Member States, will develop practical tools for 
the upskilling of officials dealing with public procurement, bring together public buyers 
to promote the sharing of expertise, facilitate training and incentivise joint purchasing in 
line with citizens’ demand for greener, socially responsible and innovative procurement. 

The  Commission  will  also  promote  cooperation  and  exchange  of  practice  through  the 
Network of First Instance Review Bodies on Public Procurement.  

IMPROVING  THE  TRANSPOSITION,  IMPLEMENTATION  AND  APPLICATION 

II 
OF EU RULES 

Incorrect  transposition,  implementation  and  application  of  EU  rules  creates  barriers  and 
obstacles to a smooth functioning of the single market.  

  ACTION 7: Structured dialogue for better transposition of single market directives 

In  order  to  improve  timely  and  correct  transposition  of  directives,  a  structured  dialogue 
between Member States and the Commission will be established during the transposition 
period.  This  structured  dialogue  before  Member  States  adopt  their  laws  will  simplify 
conformity  checks.  The  use  of  "dynamic  virtual  concordance  tables"22  can  support  the 
transposition  process,  by  keeping  track  of  national  laws,  including  subsequent 
modifications or repeals. Following the adoption of national laws, Member States should 
provide the Commission with a clear and precise explanation of which national provisions 
transpose the corresponding obligations in directives23. Particular attention in this context 
will be paid to issues of unjustified “gold plating”. 

21   https://ec.europa.eu/regional_policy/sources/docgener/informat/2014/action_plan_pp.pdf. 
22   Contrary to static lists reflecting the concordance of national legislation  with EU legislation at the time of 
transposition, dynamic virtual concordance tables are digital solutions enabling a continuous update on the 
state  of  transposition  including  after  the  entry  into  force  of  the  original  transposition  laws.  Notification 
processes could be a source of information for these tables and facilitate keeping them up to date over time. 

23   Judgment of the Court of Justice in Commission/Belgium, C-543/17. 

8 

 
 
                                                 
  ACTION 8: Implementation partnership for single market Regulations 

In  order  to  improve  the  implementation  of  provisions  of  single  market  regulations  that 
require  Member  State  action  (e.g.  setting  up  of  structures  or  the  development  of 
procedures)  before  the  start  of  their  application,  dedicated  meetings  between  the 
Commission and the Member States will be organised as soon as political agreement on 
the regulation has been achieved. Implementation workshops will be carried out to assist 
Member  States  with  the  implementation  of  such  provisions  required  under  regulations 
well before the entry into force of the relevant provisions24. 

III  MAKING THE BEST USE OF PREVENTIVE MECHANISMS  

The prevention of national  measures  contrary to  EU law in  the Member  States will help  to 
ensure a level playing field for citizens and businesses in the single market and avoid lengthy 
infringement proceedings. For example, making the best possible use of existing notification 
tools for such measures will foster compliance with EU rules. 

  ACTION  9:  Improving  ex-ante  assessments  of  restrictive  regulation  under  the 

Proportionality Test Directive 

In order to prevent the creation of new restrictions in national regulation the Commission 
will provide assistance and guidance to Member States and facilitate the exchange of best 
practices between Member States on ex ante proportionality assessments on the basis of 
the  Proportionality  Test  Directive25,  which  obliges  Member  States  to  assess  thoroughly 
the proportionality of new national professional regulation before its adoption.  

  ACTION  10:  Streamlining  the  operation  of  the  single  market  Transparency 

Directive  

In line with the more strategic approach for the Commission´s enforcement actions26, the 
future implementation of the single market Transparency Directive27 will be built on four 
axes:  (i)  Member  States  notify  all  draft  technical  regulations  concerning  goods  and 
information  society  services;  (ii)  the  Commission  will  follow  up  on  all  notifications 
raising concerns as to the their compatibility with EU law; (iii) in calibrating its follow-
up, the Commission  will pay  particular attention  to  measures having the  highest  impact 
on the single market; (iv) the Commission will monitor legislation which was subject to a 
Commission  reaction  under  the  Directive  and  which,  in  the  absence  of  appropriate 
adjustments, may give rise to infringement proceedings.  

24  The ongoing implementation of the Single Digital Gateway Regulation can serve as an exemplary project. 
25   Directive  (EU)  2018/958  of  the  European  Parliament  and  of  the  Council  of  28  June  2018  on  a 

proportionality test before adoption of new regulation of professions (OJ L 173, 9.7.2018, p. 25) 

26 Communication from the Commission “EU law: Better results through better application”. C/2016/8600 (OJ 

C 18, 19.1.2017, p. 10).  

27   Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down 
a procedure for the provision of information in the field of technical regulations and of rules on Information 
Society services (OJ L 241, 17.9.2015, p. 1) 

9 

 
                                                 
The  Commission  will  also  encourage  national  authorities  to  react  to  the  notifications 
made  by  other  Member  States,  to  set  a  frame  for  regular  contacts  among  national 
regulatory  bodies  and  the  authorities  in  charge  of  implementing  the  single  market 
Transparency  Directive  and  promote  regulatory  convergence  of  national  regulations. 
Should the existing level of harmonisation prove to be insufficient, the Commission will 
carefully analyse whether greater harmonisation is warranted at European level.  

  ACTION 11: Preventing new barriers to providing services in the single market 

To prevent unjustified barriers in the services single market, the Commission invites the 
European  Parliament  and  Council  to  proceed  with  a  speedy  adoption  of  the  legislative 
proposal  for  a  new  Services  Notifications  Directive.28  Pending  the  adoption  of  the 
proposal, the Commission will take steps to ensure that Member States comply with the 
existing  notification  obligation  under  the  Services  Directive  in  order  to  identify  and 
eliminate new potential regulatory barriers. 

  ACTION 12: Unlocking the full potential of the notification mechanism under the e-

commerce Directive 

While  Member  States  that  restrict  the  freedom  to  provide  cross-border  information 
society services in a justified and proportionate manner must notify the national measures 
restricting that freedom to the Member State of establishment and to the Commission, the 
full potential of this notification mechanism under the e-commerce Directive29 still needs 
to be unlocked. Possible measures to improve the cooperation between Member States as 
well  as  the  tools  under  the  notification  mechanism  will  be  analysed  as  part  of  the 
preparatory work on the Digital Services Act.  

IV  DETECTING NON-COMPLIANCE INSIDE THE SINGLE MARKET AND AT THE 
EXTERNAL BORDERS 

When national rules have already been adopted and entered into force, preserving the smooth 
functioning  of  the  single  market  requires  that  national  authorities  and  the  Commission  are 
able  to  detect  non-compliance.  To  this  end,  the  Commission  and  the  Member  States’ 
authorities need to have the tools that improve their capacity for detection, investigation and 
swift information sharing.  

28   Proposal for a Directive of the European Parliament and of the Council on the enforcement of the Directive 
2006/123/EC  on  services  in  the  internal  market,  laying  down  a  notification  procedure  for  authorisation 
schemes  and  requirements  related  to  services,  and  amending  Directive  2006/123/EC  and  Regulation  (EU) 
No 1024/2012 on administrative cooperation through the Internal Market Information System. COM(2016) 
821 final.  

29   Directive  2000/31/EC  of  the  European  Parliament  and  of  the  Council  of  8  June  2000  on  certain  legal 
aspects of information society services, in particular electronic commerce, in the Internal Market ('Directive 
on electronic commerce') (OJ L 178, 17.7.2000, p. 1). 

10 

 
                                                 
  ACTION 13: Rationalising single market IT systems and setting-up a platform for 

online enforcement (e-enforcement lab) 

The Commission  and Member States use several  IT systems  to  share information  about 
illegal and non-compliant industrial and consumer products. To reduce the fragmentation 
of IT systems30 used to share information about illegal and non-compliant industrial and 
consumer products, the Commission will:  

o  establish a single European information entry point for authorities for controls on 
non-food products,  where the  existing systems  such as  ICSMS and RAPEX and the 
forthcoming Customs Single Window will be reachable and there will be targeted data 
exchange among the systems according to the applicable legislation; 

o 

together  with  the  Member  States,  ensure  that  the  Internal  Market  Information 
system  (IMI)  becomes  the  default  tool  for  administrative  cooperation  within  the 
single  market,  making  use  of  data  and  information  available,  and  evaluating  how 
administrative cooperation works in certain single market areas;  

o  create  a  single  market  obstacles  tool  under  the  Single  Digital  Gateway  taking 
into  account  experience  under  Lighten  the  Load31,  allowing  citizens  and 
businesses to report anonymously on regulatory obstacles encountered by them in 
exercising their internal market rights; 

o 

together  with  the  Member  States,  make  full  use  of  the  information  management 
system  for  official  controls  (IMSOC)  for  improving  enforcement  in  relation  to  EU 
agri-food  legislation  (including  animal  and  plant  health).  IMSOC  will  connect  and 
allow the exchange of information between the relevant existing information systems 
(iRASFF 32, ADIS-exADNS 33, EUROPHYT 34, TRACES35);  

o  explore  whether  a  laboratory  funded  under  the  single  market  Programme  or  the 
Digital Europe Programme to test and apply advanced IT solutions can be integrated 
into  or  linked  to  existing  structures,  such  as  the  Consumer  Protection  Cooperation 
Network, the EU Product Compliance Network or the EUIPO observatory. 

  ACTION 14: Strengthening the fight against counterfeit and illegal products 

The  Commission  and  the  European  Anti-fraud  Office  (OLAF)  work  with  national 
authorities  in  Member  States  and  third  countries  in  the  framework  of  mutual 
administrative  assistance  cases  of  illicit  imports/exports  and  contribute  to  preventing 
illicit products from entering the single market.  

30   Such  as  the  Information  and  Communication  System  for  Market  Surveillance  (ICSMS),  the  rapid  alert 

system for dangerous non-food products (Safety Gate/RAPEX), or EPREL for energy labelling. 

31   https://ec.europa.eu/info/law/better-regulation/lighten-load 
32  Online platform for the Rapid Alert System for Food and Feed.   
33  Animal Disease Information System (ADIS) – ex Animal Disease Notification System (ADNS). 
34    Notification  and  rapid  alert  system  dealing  with  interceptions  for  plant  health  reasons  of  consignments  of 

plants and plant products imported into the EU or being traded within the EU itself. 

35  Trade Control and Expert System  - online management tool for all sanitary requirements on intra-EU trade 

and importation of animals, semen and embryo, food, feed and plant. 

11 

 
                                                 
Today, illicit products are not only imported into the EU, but also produced or assembled 
from  imported  components  inside  the  EU  and  subsequently  placed  on  or  traded  in  the 
single  market.  However,  OLAF  cannot  intervene  in  such  cases  because  its  current 
mandate does not cover intra-EU cases. 

In order to strengthen the enforcement of intellectual property rights and of prohibitions 
or restrictions to place illegal or counterfeit goods in the single market, the Commission 
and  Member  States  could  draw  inspiration  from  the  rules  on  mutual  administrative 
assistance in customs matters, as well as consider expanding the mandate of OLAF. 

  ACTION 15: Strengthening enforcement in the agri-food chain 

Safe, sustainable food and its free movement is an essential aspect of the internal market. 
This contributes significantly to the health and well-being of citizens and to their social 
and economic interests.   

While  the  Member  States  are  responsible  for  checking  that  operators  comply  with  EU 
law, the Commission carries out about 220 'on-the-spot' audits annually in Member States 
and  non-EU  countries  to  verify  that  control  systems  are  effective  and  authorities  fulfil 
their legal obligations. The Commission will step up its enforcement of the application of 
EU  law  in  the  agri-food  chain,  including  through  targeted  audits  and  their  systematic 
follow-up to verify that shortcomings are addressed by the Member States.  

The  Commission  will  also  continue  to  support  Member  States  through  its  “Better 
Training for Safer Food” training programme for the staff of public administrations with a 
view to improving the implementation of EU rules. 

Food  fraud  incidents  can  undermine  consumer  confidence  in  the  EU  food  system  and 
impact on the functioning of the internal market. For these reasons, the Commission will 
step up EU efforts to tackle agri-food fraud as part of the Farm to Fork Strategy. 

  ACTION 16: Development of labelling and traceability systems 

Traceability  is  key  to  enforcement.  Labelling  and  traceability  systems  can  only  work  if 
the information carried along the product supply chain allows for automated compliance 
checks  at  customs.  The  Commission,  in  cooperation  with  Member  States,  will  explore 
and  promote  the  use  of  digital  tools  to  allow  for  more  targeted  controls  at  the  external 
borders  and  within  the  EU.  This  includes  the  development  of  labelling  and  traceability 
systems (such as QR codes, RFID, block chains, etc.) to carry specific compliance-related 
information  along  the  supply  chain  in  a  secured  manner,  taking  into  account  existing 
instruments such as the European Product Registry for Energy Labelling (EPREL). New 
customs  equipment  capable  of  reading  and  checking  the  encoded  information  will  be 
developed  with  the  financial  support  for  customs  control  equipment,  as  part  of  the 
Integrated  Border  Management  Fund  2021-27.  Traceability  issues  will  be  also  assessed 
during the revision of the General Product Safety Directive. 

The Commission will seek the digital submission of compliance information for industrial 
and consumer products (i.e. the already existing ‘EU declaration of conformity’) declared 
for ‘release for free circulation’ at customs. In doing so, the Commission will also assess 
the impact on SMEs, and specifically micro-enterprises, in order to identify the necessary 
mitigation measures.  

12 

 
Furthermore, in the framework of the new Consumer Agenda, labels and traceability will 
play  a  key  role  to  empower  the  consumers  in  the  green  and  digital  transitions.  The 
Commission will identify the best uses of digital tools in order to provide consumers with 
the most reliable information to make informed and confident purchases, particularly for 
cross-border shopping. 

V 

STRENGTHENING ENFORCEMENT ON THE GROUND 

In spite of all efforts to establish a culture of single market compliance, regulatory obstacles 
resulting from non-compliance require an effective ex post intervention. Also in this phase, 
cooperation between Member States authorities and Commission is of utmost importance.  

  ACTION 17: EU Product Compliance Network  

Many  non-compliant  products  are  still  made  available  to  consumers,  often  via  online 
channels, putting consumers and professional end-users at risk and distorting competition. 
In  order  to  strengthen  the  coordination  between  market  surveillance  authorities  in  the 
non-food sector, provided for in Regulation 2019/102036, the Commission, in cooperation 
with  Member  States,  will  set  up  the  EU  Product  Compliance  Network  as  from  January 
2021.  It  will  consist  of  the  single  liaison  offices  recently  created  by  Member  States  to 
represent their market surveillance authorities. In addition, the Commission will monitor, 
as  from  July  2021,  the  operation  of  the  mutual  assistance  mechanism  set  out  by  the 
Regulation,  and will identify  areas  where the refusals by Member States of requests for 
information  on  compliance  and  requests  for  enforcement  measures  in  the  case  of  non-
compliance were not justified. 

  ACTION 18: Making SOLVIT the default tool for single market dispute resolution 

Different  problem-solving  tools  cover  legal  areas,  which  would  normally  fall  into  the 
SOLVIT  mandate37,  thus  fragmenting  the  enforcement  landscape.  The  Commission  and 
Member States  will ensure that SOLVIT is  reinforced to become  the default alternative 
dispute resolution tool in all single market policy areas, which involve a decision by an 
administration. SOLVIT will be used in its current form or its model adapted, if needed, 
to  fit  the  requirements  of  the  new  initiatives.  The  Commission  and  Member  States  will 
strengthen  the  relationships  between  SOLVIT  and  different  bodies  and  networks  at 
national and EU level.  

This  is  already  foreseen  for  the  European  Labour  Authority  (ELA)38,  which  started  its 
work  in  October  2019  and  will  be  at  full  capacity  by  2024.    The  ELA  will  assist  the 

36   Regulation  (EU)  2019/1020  of  the  European  Parliament  and  of  the  Council  of  20  June  2019  on  market 
surveillance  and  compliance  of  products  and  amending  Directive  2004/42/EC  and  Regulations  (EC)  No 
765/2008 and (EU) No 305/2011 (OJ L 169, 25.6.2019, p.1.) 

37   SOLVIT deals with cross border issues caused by breach of EU law by public authorities.  
38   Regulation (EU) 2019/1149 of the European Parliament and of the Council of 20 June 2019 establishing a 
European  Labour  Authority,  amending  Regulations  (EC)  No  883/2004,  (EU)  No  492/2011,  and  (EU) 
2016/589 and repealing Decision (EU) 2016/344 (OJ L 186, 11.7.2019, p. 21 

13 

 
 
                                                 
Commission  and  Member  States  in  ensuring  that  the  EU  rules  on  labour  mobility  and 
social  security  coordination  are  enforced  in  a  fair,  simple  and  effective  way,  making  it 
easier for citizens and business to reap the benefits of the single market. It  will provide 
solutions in improving access to quality information for citizens and employers as regards 
EU and national labour mobility legislation. 

VI 

IMPROVING HANDLING OF INFRINGEMENT CASES  

In case of apparent breaches of European law, the Commission will seek a dialogue with the 
Member  States  to  better  understand  problems  and  find  solutions.  In  cases  where  dialogue 
does  not  deliver  results,  the  Commission  will  not  hesitate  to  take  strong  and  effective 
enforcement action wherever necessary. Improved working arrangements and better use of all 
available administrative tools as well as increased cooperation will speed up and streamline 
the process to bring infringements to an end. 

  ACTION 19: Better prioritisation of enforcement action  

In  order  to  better  prioritise  enforcement  action,  as  already  set  out  in  201639,  the 
Commission  focuses  its  efforts  on  cases  which  have  a  significant  impact  on  the  single 
market, based on an assessment of their economic, legal and policy impacts. Building on 
this  approach,  the  Commission  will  adopt  an  annual  single  market  Enforcement 
Strategic  Report,  identifying  specific  areas  of  concern  and  priorities  for  enforcement 
taking into consideration the findings of the European Semester. At the same time, it is 
very  important  that  the  Commission  is  alerted  to  breaches  of  single  market  rules  by 
interested  parties,  to  get  a  full  picture  for  its  prioritisation.  To  that  end,  the  system  for 
submitting  complaints  will  be  revised  to  better  integrate  it  with  SOLVIT.  The 
Commission  will  monitor  SOLVIT  reports  to  identify  structural  issues  of  potential 
relevance. The Commission will also study the possibility to extend to other single market 
policy  areas  the  tool  currently  being  tested  on  the  Online  Dispute  Resolution  (ODR) 
platform to assist consumers to better assess their redress possibilities. 

  ACTION 20: Clarity and consistency in case handling 

Confidence  in  the  enforcement  system  relies  on  complaints  being  examined  in  a  timely 
manner  and  on  breaches  being  sanctioned.  To  that  end,  the  Commission  will  further 
streamline  its  case  handling  processes.  It  will  make  a  preliminary  assessment  of 
complaints within  two  months  to  allow  a  response  to  the  complainant. Where  sufficient 
information  has  been  gathered,  this  should  already  include  a  clear  decision  on  whether 
1) the complaint will not be pursued; 2) it will be transmitted to resolution bodies such as 
SOLVIT;  3)  dialogue  will  start  between  the  Commission  and  the  Member  State 
concerned; or 4) an infringement procedure will be started immediately. 

39   In  the  Communication  from  the  Commission  "EU  law:  Better  results  through  better  application" 

(C/2016/8600). 

14 

 
                                                 
  ACTION 21: Better use the EU Pilot system  

The EU Pilot  system  is  a useful  tool for obtaining information in  the phase of dialogue 
with Member States at the pre-infringement stage. In order to better target  and structure 
the system as a rapid and effective tool supporting the solution-oriented dialogue with the 
Member States,  the Commission  intends to  use the EU Pilot  under clear conditions  and 
timetables, for cases for which a quick solution within a short period appears attainable. 

The Commission will: 

o  develop clear and objective criteria to identify when EU Pilot should be used; 

o  work together with the Member States to identify pragmatic solutions to speed up the 
process,  while  preserving  the  essential  rights  of  the  two  parties  in  dialogue  and 
making good use of the available state-of-the-art systems; 

o  find more flexible modes of exchange to solve complex issues 

o  keeping  the  balance  with  the  confidentiality  relationship  between  Commission  and 
Member States, share information on the issues resolved via EU pilot (in an aggregate 
form) with a view to disseminating best practice40. 

  ACTION 22: Systematic periodic package meetings  

Written exchanges in infringement procedures (the basis for a subsequent possible Court 
procedure)  do  not  always  sufficiently  address  all  available  solutions.  To  complement 
these  formal  exchanges  with  direct  contacts,  the  Commission  will  envisage  package 
meetings  with  individual  Member  States  dedicated  to  specific  policy  areas.  These  may 
help  to  find  solutions  in  compliance  with  EU  law  and  should  therefore  take  place 
regularly,  whenever  necessary.  With  careful  preparation,  they  can  effectively  end 
misunderstandings  and  harness  EU  and  national  expertise  to  find  solutions.  Package 
meetings  could  be  combined  or  organised  together  with  other  meetings  with  Member 
States (e.g. compliance dialogues).  

*** 

40   European  Court  of  Auditors’  Special  report  No  5/2016:  Has  the  Commission  ensured  effective 

implementation of the Services Directive?, 14.03.2016 

15 

 
 
 
                                                 
CONCLUSION 

Promoting a culture of compliance needs a strong political commitment to the single market 
and the effective implementation of its rules. It requires political ownership, transparency as 
well as efficient systems in place to encourage and monitor compliance. 

This Action Plan responds to the call for action by Member States and takes the initiative in 
addressing the existing implementation and enforcement challenges faced today. The actions 
tackle a range of different problems covering all phases and areas of possible implementation 
problems  and  enforcement  activities  on  both  EU  and  national  level,  resting  on  a  joint 
commitment at local, regional, national and EU level. Through these actions the Commission 
and the Member States will allow the single market to propel our businesses and to offer the 
best  choice  to  consumers.  Working  together,  we  can  make  the  single  market  work  for  all 
Europeans. 

16