EUROPEAN COMMISSION

Brussels, XXX
COM(2012) 259/2

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN
PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL
COMMITTEE AND THE COMMITTEE OF THE REGIONS

BETTER GOVERNANCE FOR THE SINGLE MARKET

EN

EN

BETTER GOVERNANCE FOR THE SINGLE MARKET

INTRODUCTION
The crisis has shown that the EU needs to act to improve its economic model and restore
competitiveness. This requires a mix of sound public finances, deep structural reforms
and targeted investment. Europe 2020 is the EU's strategy to boost sustainable growth
and the creation of jobs and the Single Market has a key role to play in this.
The Single Market is a key driver for economic growth. However, to reap the benefits it
brings, its rules must be properly implemented and enforced. Whilst the Commission has
been working in partnership with Member States to this end, the situation today
demonstrates that there is much room for improvement. The average transposition deficit
has risen again from 0,7 in 2009 to 1,2% in February 2012, and Member States are taking
an ever longer time (8 months on average) to transpose Directives after the transposition
deadline has lapsed. The duration of infringement procedures has further increased to
25,5 months on average. 1 And even where rules are correctly transposed, they often do
not work well in practice. Businesses and citizens often do not understand their rights and
encounter many difficulties when trying to exercise them. 2
Making what we have, work better in practice is a "quick win" for growth and jobs.
For instance, a better implementation of the Services Directive could deliver up to an
estimated additional 1.8% of EU GDP, as shown in a Communication adopted today by
the Commission. 3 And it has been calculated that a more efficient transposition of EU
legislation could reduce administrative burdens by one third, leading to an overall cost
saving of nearly 40 billion euro. 4
The March 2012 European Council recognised the need to strengthen the governance of
the Single Market and to improve its implementation and enforcement. Similar calls have
been made by the European Parliament. 5 In response, this Communication calls for a
renewed commitment to make the Single Market effectively deliver for growth. In
particular, it proposes:

1

2

3

4

5

Commission staff working document "Making the Single Market Deliver - Annual Governance Checkup 2011", SWD(2012) 25 final, 24.2.2012.
See for instance the Commission staff working paper "The Single Market through the lens of the
people: A snapshot of citizens' and businesses' 20 main concerns", SEC(2011) 1003 final, 16.8.2011.
Communication on the implementation of the Services Directive: A partnership for new growth in
services 2012-2015, COM(2012)261
Report from the High Level Group of Independent Stakeholders on Administrative Burdens, 15
November 2011.
European Parliament Resolution of 6 April 2011 on governance and partnership in the Single Market
(2010/2289 INI) and European Parliament Resolution of 20 May 2010 on delivering a Single Market
to consumers and citizens (2010/2011 INI).

Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
http://ec.europa.eu/internal_market/

1.

•

a particularly ambitious course of action to make swift progress in key areas with
the greatest growth potential (Part I);

•

concrete measures to further improve the Single Market 'governance cycle', i.e.,
the way Single Market rules are designed, implemented, applied and enforced
(Part II).
MOBILISATION: FOCUS OUR EFFORTS TO MARK SWIFT PROGRESS IN AREAS WITH
MOST GROWTH POTENTIAL
1.1.

Focus on key areas

In the current times of economic crisis, there is a need to focus scarce resources on what
matters most: taking the steps needed to unlock the Single Market's full growth potential
in areas where such potential is the greatest. Whilst continuing to closely monitor and
enforce compliance with Treaty rules, the Commission has therefore decided to set and
review 'key areas' on a regular basis, based on economic indicators. Member States
and the Commission should agree on concrete actions and targets to quickly improve the
way the Single Market functions in these areas.
Based on an analysis of today's European economy, attention in 2012-2013 should, in the
Commission's view, focus on key services sectors and the network industries. Within
the services sector, particular attention should be given to wholesale and retail trade,
business services, construction and financial intermediation services. Further, much
could be gained from a better functioning digital Single Market and a stronger Single
Market in the energy and transport sector. The Annex to this Communication sets out in
detail how these key areas have been selected and which legislative acts should receive
special attention in these areas. The list of areas and pieces of legislation will be
reviewed on a regular basis, with a view to defining possible adjustments.
In addition, swift delivery on the key actions to boost growth and consumer and business
confidence included in the Single Market Act should also be considered a priority, in
particular in light of their horizontal benefit to a better functioning Single Market and
their potential contribution to growth.
To make swift progress in these key areas, special efforts are needed to ensure that rules
are properly implemented (point 1.2). In addition, the Commission will make use of the
European semester process to monitor how the Single Market functions in these areas
and define new actions, at both EU and national level (point 1.3).
1.2.

Set ambitious targets to ensure proper implementation

In recent years, important pieces of legislation have been adopted in the aforementioned
key areas (see Annex). We must now concentrate on making them work in practice. To
this end, the Commission and Member States should join forces to ensure a swift
transposition and effective implementation of rules.
For Directives that are yet to be transposed, the Commission will enhance its
transposition assistance. For instance, it will engage in informal contacts with national
officials on a bilateral basis and set up expert groups and provide on-line fora to discuss
and exchange best practices amongst national experts, as early as possible in the
2

transposition process. It will conduct systematic conformity checks and will take
supportive measures to make rules work in practice across the Member States.
Member States should:
•

informally submit to the Commission specific aspects of draft transposition
measures, where they or the Commission consider it appropriate, in order to make
the Commission's assistance as effective as possible during the transposition
period and to secure rapid implementation;

•

commit to ‘zero tolerance’ when it comes to transposition of directives, i.e.
respecting a transposition deficit target 6 and a conformity deficit target 7 of 0%;

•

provide an on-line explanation of how they have transposed rules and how these
rules work in practice. 8

As regards Regulations, the Commission will also step up efforts to secure proper
implementation. In addition, for legislation that has been transposed and implemented for
some time, the Commission will conduct in-depth reviews to see how rules are
implemented and work in practice, not only in legal but also in practical and economic
terms. In this context, it may propose peer review exercises.
Where problems persist, the Commission will use its enforcement powers with the
utmost vigour and calls on Member States to co-operate with it to ensure that breaches
of EU law are swiftly brought to an end. In particular Member States should undertake
to:

6
7

8

9

10

•

engage actively in the process and rapidly provide information with a view to
ensuring quick compliance to allow the duration of infringement procedures in
key areas to be reduced to a political target of 18 months on average; 9

•

secure swift compliance with reasoned opinions so as to guarantee the effective
functioning of the Single Market without the need to bring the case before the
Court of Justice;

•

speed up the process for complying with judgments of the Court of Justice. The
political ambition should be to achieve full compliance within 12 months on
average. 10

The transposition deficit measures the number of Directives which have not been transposed in time.
The conformity deficit measures the number of Directives against which infringement proceedings for
non-conformity are opened.
Given their importance for growth, the Commission considers that for new pieces of legislation
included in the Annex, Member States should accept to go beyond the agreement reflected in the Joint
Political Declaration of 28 September 2011 on explanatory documents (2011/C 369/02).
Calculated from the date on which the Commission sends a letter of formal notice to the completion of
the pre-litigation phase.
Taking account of the fact that, in some complex cases, a longer implementation period may be
justified (see Case C-278/01, Commission v. Spain, 25 November 2003, in particular paras 43 ff.).

3

1.3.

Monitor and define remedial action in the European semester process

Given the key role the Single Market plays in boosting sustainable growth and creating
jobs, the Commission proposes to make use of the European semester process to monitor
the functioning of the Single Market, develop enhanced peer pressure at the level of
Heads of State or Government and present actions to fight remaining obstacles, at both
European and national level.
To this end, the Commission will prepare an Annual report on the integration of the
Single Market. This report will present an analysis of the state of Single Market
integration and look at the way the Single Market functions in practice, in particular in
key areas and for key market actors, including businesses and consumers. To the
maximum extent, it will measure how well the Single Market functions in these areas by
making use of concrete benchmarks.
On this basis, the Commission will identify the main policy challenges and set priorities
for action for the coming year at both EU and national level. Actions may include both
legislative and non-legislative initiatives. A particular attention will be given to
minimizing burdens for SMEs. 11 Where necessary, assessments will go beyond existing
rules with the view to exploiting the full potential of the Single Market, in particular by
promoting best practices.
The Annual Report will be part of the Annual Growth Survey, so as to be discussed by
the Council and the European Parliament and be endorsed by the Spring European
Council. The Annual report will contribute to the definition of country-specific
recommendations, which will be based on a more in-depth analysis of performance in
each Member State, in the context of the European semester process.

To unlock the Single Market's full growth potential, Member States and the Commission
must undertake to make swift progress in areas with most growth potential. The Annex
defines these key areas and lists legislative acts belonging to these areas requiring special
attention.
The Commission will:
•

Undertake concrete action to help ensure a timely, correct and efficient
implementation of EU rules in these key areas;

•

Prepare an Annual report on the integration of the Single Market, to monitor how the
Single Market functions in practice and to identify further action at EU and national
level;

•

Regularly review the list of key areas and legislative acts with a view to defining
possible adjustments.

For key legislative acts belonging to the growth-potential areas, Member States should
commit to:
11

Cf., Report from the Commission to the Council and the European Parliament "Minimizing regulatory
burden for SMEs - Adapting EU regulation to the needs of micro-enterprises", COM(2011) 803 final,
23.11.2011.
4

•

Meet transposition deadlines and transpose legislation correctly (0% transposition
and conformity deficit);

•

Informally submit specific issues relating to draft transposition measures to the
Commission and provide on-line explanations of how they have transposed rules and
how these rules work in practice, once transposition measures are adopted;

•

Undertake all efforts to ensure swift compliance, reducing accordingly the duration of
infringement procedures to a political target of 18 months on average and the time for
full compliance with Court of Justice judgments to a political target of 12 months on
average.

The Commission intends to measure compliance with these commitments on a regular
basis.

2.

EFFECTIVENESS: MAKE THE SINGLE MARKET WORK BETTER FOR BUSINESSES
AND CITIZENS

The Single Market has considerably evolved over the least 20 years. The way it is
governed must keep pace with this evolution. In recent years, important steps have been
taken to improve the way rules are made, transposed, implemented and enforced, at both
EU and national level. 12 It is now time to consolidate and mainstream best practice, with
a view to ensuring that Single Market rules effectively work throughout the European
Union:
2.1.

Apply smart regulation principles when making and implementing Single
Market rules

For the Single Market to work in practice, its legal framework should be of the highest
quality at both EU and national level. In particular, rules should be made, transposed and
implemented in such a manner that they effectively 'work' for those for whom they are
intended. It is therefore of crucial importance that all EU institutions and Member States
comply with existing recommendations to achieve smart regulation 13 and to keep the
level of administrative burdens, in particular on SMEs and micro-entities, to the
minimum level, in accordance with the 'Think Small' principle. 14
In particular, before adopting rules at the EU level, relevant authorities should check
whether draft rules meet at least the following requirements: (i) rules must be clear, easy
to understand and unambiguous; (ii) rules must achieve their intended effect without
causing unnecessary burdens on businesses, citizens or administrations (no 'goldplating');
(iii) where businesses and citizens need to comply with procedures, they should be able
to do so swiftly and via electronic means; (iv) rules should guarantee that businesses and
12

13

14

See Commission Recommendation of 29 June 2009 on measures to improve the functioning of the
Single Market (2009/524/EC) and the Communication "Single Market Act - Twelve levers to boost
growth and strengthen confidence: Working together to create new growth", COM(2011) 206 final,
14.4.2011.
See the Communication "Smart Regulation in the European Union", COM(2010) 543 final, 8.10.2010,
and the Inter-Institutional Agreement on better law-making (2003/C 321/01).
Cf., Report "Minimizing regulatory burden for SMEs - Adapting EU regulation to the needs of microenterprises", supra.
5

citizens find information and help and have access to fast and effective redress where
needed.
To achieve compliance with these principles, stakeholders should be involved to the
maximum extent at all stages of law making and implementation. Best practices
developed in some areas 15 should, to this end, be further mainstreamed.
The Commission for its part will ensure that all proposals for Single Market legislation
are operable and enforceable, at minimum administrative cost. Where appropriate, it will
propose Regulations instead of Directives, notably where there is no need for further
discretion when implementing the proposed EU rules. The Council and Parliament
should also ensure a full compliance with the aforementioned principles, in their daily
work as co-legislators.
Once EU legislation is adopted, it falls on Member States to ensure that domestic
implementation measures are in line with aforementioned smart regulation principles.
2.2.

Make smarter use of IT-tools to inform businesses and citizens and
enable them to make use of their rights and opportunities

For the Single Market to work in practice, businesses and citizens need to know their
rights and opportunities and be able to make an effective use of them. In recent years,
various tools and systems have been developed to address these needs, but more can be
achieved, by further building on what exists, making a smarter use of IT technology and
better connecting initiatives at the national and EU level.
The Commission will further work to ensure that practical information and help on
Single Market rights is accessible via a single gateway, i.e., the Your Europe portal.
Member States should also step up efforts to provide user-friendly information on how
rules work in practice within their territories and co-operate with the Commission to
ensure interoperability between national and EU-level information. The Commission
will, in 2013, present an Action Plan setting out concrete steps and targets to complete
the provision of good-quality information on Single Market rights and enhance
awareness about them, at national and EU level.
Further, e-government procedures should be available whenever businesses and
citizens must complete administrative formalities to make use of their Single Market
rights, in particular in a cross-border context. 16
Finally, where administrations need to co-operate with each other in a cross-border
context, such co-operation should be facilitated by on-line tools such as, among others,
the Internal Market Information system, which the Commission intends to expand to
other areas. The new IMI Regulation, which the Commission hopes the European
Parliament and Council will adopt very soon, will greatly contribute to administrative
cooperation in full compliance with rules on the protection of personal data. 17

15
16

17

E.g., the Citizen's energy forum.
To this end, Member States should further develop the Single Points of Contact, cf., the Services
Implementation report adopted today.
Cf., Proposal for a Regulation of the European Parliament and of the Council on administrative cooperation through the internal market information system, COM(2011) 522.
6

Systematic obligations to inform and make use of IT tools when communicating with or
between authorities should be foreseen in all new legislation as of January 2013.
At the same time and with a view to keep resource costs at bay, the Commission will
work on a coherent strategy to further develop existing tools so that they can address all
information, e-government and administrative cooperation needs in multiple policy areas,
without creating duplications. 18 It will also continue to foster an exchange of best
practice in this area and monitor progress.
2.3. Ensure fast and effective problem-solving and redress
Too many problems businesses and citizens encounter in the Single Market remain
unresolved, or are resolved only at the expense of much time and cost. To make Single
Market law enforcement more effective, there is a need to further develop and strengthen
existing mechanisms and achieve better synergies between them. Steps should be taken
to ensure that problems can effectively be resolved at the national level and, where
possible, via informal means. At the same time, citizens and businesses always have the
right to turn with complaints to the Commission. As Guardian of the Treaties, the
Commission will prioritise the most serious cases of non-compliance with EU law.
To make enforcement more effective and better respond to the needs of businesses and
citizens, the Commission envisages, in particular, the following measures:
First, there should be one, easily accessible and first-line help service at the national
level that businesses and citizens can turn to when encountering problems in trying to
make use of the rights and opportunities offered by the Single Market. Such help service
could be built by further developing the existing SOLVIT centres, on the basis of good
practice already developed in various Member States. Businesses and citizens coming to
such help service ('second-generation SOLVIT centres') should be able to either obtain a
quick and informal solution to their problem or, where such is not possible, a fast advice
on where to turn to for help and redress. To this effect, the Commission will take an
initiative to modernise the Recommendation governing SOLVIT by the end of 2012 and
will take supportive action. 19 It will also seek to further enhance its co-operation with the
SOLVIT network, for instance by passing on complaints to them and following up more
systematically to unresolved cases.
At the same time, steps must be taken to ensure that for each law-related problem in
the Single Market, fast and effective problem-solving mechanisms are available and
can be easily found. To this end, the Commission will step up efforts to identify and
overcome remaining gaps in informal problem-solving and to monitor their functioning
in practice. In particular, it intends to actively work with Member States and stakeholders
to ensure that quality alternative dispute resolution tools and mediation procedures are
effectively put in place and work in practice, 20 and to establish an EU-wide on-line
18

19

20

See also the programme for interoperability solutions for European public administrations, Decision n°
922/2009/EC of the European Parliament and the Council of 16 September 2009.
Cf., Commission staff working document "Reinforcing effective problem-solving in the Single Market
– Unlocking SOLVIT's full potential at the occasion of its 10th anniversary", SWD(2012) 33 final,
24.02.2012.
Cf., Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain
aspects of mediation in civil and commercial matters; Proposal for a Directive of the European
Parliament and of the Council on alternative dispute resolution for consumer disputes – COM(2011)
793 final.
7

platform for the cross-border complaints. 21 It is also considering an initiative to facilitate
the resolution of problems related to double taxation.
The day-to-day functioning of the Single Market crucially depends on the efficiency and
quality of national judicial systems. Member States must commit to guaranteeing fast and
effective judicial redress, including by promoting the use of the European Small Claims
Procedure. 22 The Commission will further develop the e-Justice portal to improve access
to justice throughout the EU. Further, adequate compensation should be available when
businesses and citizens incur damages as the result of breaches of their EU rights.
National authorities should also engage in joint market surveillance and enforcement
actions, such as joint actions ('sweeps') to secure compliance with consumer protection
rules.
Finally, in its role of 'Guardian of the Treaty', the Commission will ensure an effective
and swift use of the instruments it has at its disposal (pre-infringement and
infringement procedures) to remove barriers to growth and the uptake of jobs. The
Commission will focus with vigour on systemic problems (such as late or incorrect
transposition) that have an economically adverse effect on the functioning of the Single
Market.
2.4.

Better monitoring, co-ordination and control

To date, responsibilities for making the Single Market work in practice in Member States
and within the Commission are often scattered over a great number of services and
instances, at all levels. Good practice already developed in several Member States shows
however that the best results are achieved where there is one instance within the
national administration in charge of overseeing and monitoring the functioning of
the Single Market at the national level. 23 The Commission therefore recommends that
such good practice is followed everywhere. In particular, such national co-ordinating
entities ('Single Market centres') should:

21

22

23

•

monitor the timely transposition and effective implementation of Single Market
rules (and liaise with relevant national parliamentary bodies on this);

•

ensure that citizens and businesses are informed of relevant national rules and
procedures (in co-operation with existing tools and relevant networks, such as for
instance the Enterprise Europe Network and the European Consumer Centres);

•

provide guidance
administrations;

•

detect, gather data and evidence on problems and obstacles to an effective
functioning of the Single Market in their countries, and

and

promote

good

practices

amongst

the

relevant

Cf., proposal for a Regulation of the European Parliament and of the Council on online dispute
resolution for consumer disputes - COM(2011) 794 final.
Regulation (EC) No 861/2007 of the European Parliament and of the Council of 11 July 2007
establishing a European Small Claims Procedure
Cf., Commission Recommendation of 29 June 2009 on measures to improve the functioning of the
Single Market - 2009/524/EC.
8

•

act as a contact point for EU institutions.

These entities could also be made responsible for offering first-line help where rights are
breached (cf. supra).
The Commission will set up a European network of these national entities, by giving a
new mandate to its existing Internal Market Advisory Committee to look at Single
Market integration and governance issues, and by making use of on-line platforms. It
falls of course on Member States to decide on the institutional shape of such an entity
and its articulation with existing structures.

To further improve the way Single Market rules are made, transposed, implemented and
enforced, Member States should co-operate with each other and the Commission to
ensure that:
•

the Single Market legal framework is of the highest quality and effectively works in
practice;

•

user-friendly information is available about Single Market rights and how to make
use of them;

•

businesses and citizens can comply with administrative formalities necessary to
exercise their Single Market rights by electronic means;

•

administrations needing to communicate with each other are linked up electronically;

•

effective first-line help centres exist at the national level where businesses and
citizens can turn to when encountering problems in the Single Market ('secondgeneration SOLVIT centres');

•

fast and effective redress is available for all Single-Market related problems;

•

a network of national 'Single Market centres' is established to monitor and oversee
efforts to improve the functioning of the Single Market.

The Commission will monitor progress achieved on all these actions and measure
performance on a regular basis.

CONCLUSION
The Single Market is the EU engine for growth, but also a benchmark for commitment to
structural reform in Member States. In addition to a renewed push for reform at EU level,
ensuring it delivers fully requires a change of approach in its governance. This means
reinstating political oversight at the highest level, eschewing any artificial distinctions
between what takes place at EU level and what takes place at Member State level and
developing more efficient tools to ensure the Single Market delivers for citizens and
businesses.
The Commission invites the Member States to take the necessary steps to implement
these actions and comply with the targets proposed in this Communication.
9

The Commission will work in partnership with Member States to support them in this,
and in addition to the other actions under this Communication, the Commission will
provide a first report on the integration of the Single Market and the implementation of
this communication as part of the Annual Growth Survey 2013.

10

Annex
Key areas and legislative acts requiring special attention

The Single Market contributes to growth and jobs in Europe. Analysis shows however
that gains stemming from the creation of the Single Market could be significantly higher
if remaining obstacles and cross-border barriers were removed. The situation is different
from sector to sector however. 24 To make swift progress, the Commission proposes to
focus on sectors or horizontal issues where further market integration (and therefore a
better functioning Single Market) is likely to bring about the most significant gains in
growth and jobs across the EU.
Based on economic analysis, the key areas identified for 2012-2013 are the services
sector (including retail and wholesale trade, business services, construction and financial
intermediation services), transport, the digital economy and the energy sector. The key
actions included in the Single Market Act must be added to this list, as they have been
identified as key measures for boosting growth, jobs and confidence and have a
horizontal impact on a better functioning Single Market.
This annex sets out how the Commission has identified key areas for 2012-2013. It also
presents a list of the most important pieces of legislation falling within these areas, where
particular effort should be undertaken to secure timely transposition, proper application
and rigorous enforcement.
1.
Methodology and criteria for defining key areas for improving the
functioning of the Single Market
To define key areas, the Commission has made use of a benchmarking exercise assessing
the performance of each sector of the economy in each country within EU27, against
what is known to be an achievable level of performance, represented by the best
performing countries in the EU. 25 Such benchmarking provides an initial assessment of
the untapped potential of the Single Market by sector.
Sectors are identified by applying four criteria or four 'tests':
•

Production benchmarking: This test uses a selection of key quantitative indicators
covering the inputs into the production of goods and services to identify sectors
which demonstrate the highest untapped potential to generate growth, by comparing
performance against the best performing significant economy for that sector.
Indicators include labour productivity, innovation, employment growth and
sustainability criteria;

24

Product market monitoring, European Commission, Directorate-General for Economic and
Financial Affairs (2010b).
25
A comprehensive presentation of the proposed methodology and its quantified results will be
presented in the study the "cost of non-Europe" currently under preparation for the Commission by London
Economics and PWC under the technical supervision of BEPA and to be published in fall 2012.
11

•

Economic importance: This test analyses whether the sector is significant enough in
terms of economic scale to make a non-negligible impact on growth if the root causes
of its untapped potential were addressed;

•

Dynamic factors: This test aims to analyse whether the sector appears to already
address its untapped potential, based on factors such as the sector's capacity to create
employment growth and its possible convergence with benchmark labour
productivity levels;

•

Single Market factors: This test aims to see whether there is evidence that
improvements to the Single Market could harness untapped potential. It looks at
issues such as the existence of disparate legislation / regulation across Member
States, consumer satisfaction, (lack of) competition, (lack of) integration between
domestic markets, long term decline in demand and existing policy initiatives.

Applying these four tests to the 67 economic sectors (as defined by the "classification of
Economic Activities in the European Communities" 26) that compose the EU economy,
the following areas appear to offer most growth potential, if the single market were to
function better:
•

Services (including retail and wholesale trade, business services, and
construction)

•

Financial (intermediation) services

•

Transport (rail, road, aviation and maritime)

•

Digital economy (including broadband deployment and e-commerce)

In addition, the Commission considers that the energy sector is to be considered as a key
market in Single Market policies, because of its strategic role as an enabling industry
providing an essential service to the other sectors of the economy.
The methodology used to define the key areas will be reviewed on a regular basis,
amongst others in the context of the European Semester Process.
2.

List of key legislative acts

In all aforementioned key areas, legislative acts have been adopted, or are about to be
adopted, to improve the Single Market. Hereunder, a list is provided of key legislative
acts in these sectors, i.e., acts that must be properly implemented, transposed and
enforced to ensure that the Single Market's growth potential in these sectors can be fully
exploited.
The Commission considers that enhanced efforts and commitments are needed from both
the Member States' and the Commission's side, to make the Single Market function to its
full potential. For each legislative act listed below, it is explained how the Commission

26

NACE Classification, 2 digit level
12

intends to work with Member States to ensure proper implementation. Where needed, the
Commission will also make use of its enforcement powers to secure full compliance.
Key area

Legal act

Proposed action

Services

Directive
2006/123/EC of the
European Parliament
and of the Council
of 12 December
2006 on services in
the internal market

In order to address shortcomings in the
implementation and application of the
Services Directive as identified in the
Communication on services, the Commission
will deploy efforts on several fronts including
bilateral meetings, peer review meetings in
small groups of Member States and country
specific recommendations.

Directive 2008/6/EC
of the European
Parliament and of
the Council of 20
February
2008
amending Directive
97/67/EC
with
regard to the full
accomplishment of
the internal market
of
Community
postal services

7 Member States have not transposed the
Postal Services Directive (transposition
deadline end 2012). Most Member States
have submitted draft pieces of legislation for
informal checks. To ensure proper
implementation of the Directive, the
Commission is conducting systematic
conformity checks of legislation adopted. In
addition, the European Regulators Group for
Postal Services (ERGP) will continue to
exchange information and best practice on
implementation issues.

Directive
2005/36/EC of the
European Parliament
and of the Council
of 7 September 2005
on the recognition of
professional
qualifications

The Commission will continue to discuss the
proper
implementation
and
practical
functioning of the Directive within the Group
of National Co-ordinators, by fostering
amongst other exchanges of best practice.
The Group of National Coordinators will
continue to monitor performance, including
by following up on the results of the
performance checks exercise.

Directive 2011/7/EU
of the European
Parliament and of
the Council of 16
February 2011 on
combating
late
payment
in
commercial
transactions

The Commission is providing enhanced
assistance for voluntary transposition before
the deadline of 16 March 2013. It has called
twice on Member States to step up efforts to
adopt national transposition measures. In
addition a Late Payment Expert Group was
set up and an information campaign will be
launched throughout the Union.

Proposal
for
a
Directive of the
European Parliament
and of the Council
on the access to the

The Commission will promote active use of
the Your Question on Legislation IT tool to
assist Member States with transposition of the
directive. Meetings will be held with Member
States and the European Banking Authority to

Financial
(intermediation)
services

13

activity of credit
institutions and the
prudential
supervision of credit
institutions
and
investment
firms
(the
'Capital
requirements
directive')
COM(2011)453,
20.07.2011

facilitate transposition. The Commission will
also organise workshops and will conduct
systematic conformity checks of the
legislation.

Proposal
for
a
Regulation of the
European Parliament
and of the Council
on
prudential
requirements
for
credit
institutions
and investment firms
(the
'Capital
Requirements
Regulation')
COM(2011)452,
20.07.2011

The Commission will promote active use of
the Your Question on Legislation IT tool in
order to help Member States implement the
Regulation. Meetings will be held with
Member States and the European Banking
Authority on the implementation of the
Regulation.

Regulation
260/2012/EU of the
European Parliament
and the Council of
14 March 2012
establishing
technical
and
business
requirements
for
credit transfers and
direct debits in euros
and
amending
Regulation
EC/924/2009
(the
"SEPA
end-date
Regulation")

Technical workshops will take place in the
ambit of the SEPA Council.
The
Commission will monitor Member States'
accompanying actions (e.g. information
campaigns) via the Payments Committee and
through the Eurosystem, in close cooperation
with the ECB. Technical issues will be
discussed with market participants (e.g. at
Payment Systems Market Expert Group). The
take-up of new payment standards by public
administrations will be measured yearly (and
such measurement will be rendered public via
internet).

Directive
2009/138/EC of the
European Parliament
and of the Council
of 25 November
2009 on the takingup and pursuit of the
business
of

The draft 'Omnibus Directive' (proposal
COM(2012) 217 final of 16 May 2012)
extends the deadline for transposition to 30
June 2013. The Commission is developing an
IT tool to monitor the transposition of the
Solvency II Directive by Member States and
to follow-up its implementation. A seminar
with Member States and EIOPA on the
14

Insurance
Reinsurance
(Solvency II)

Transport

and transposition of the Solvency II Directive by
the Member States will be held in the second
half of 2013.

Directive
2008/48/EC of the
European Parliament
and of the Council
of 23 April 2008 on
credit agreements for
consumers

The Commission has developed guidelines
which will enable Member States to use
technical aspects of the Directive in a more
harmonised way. The deadline for
transposition was 12 May 2010 and the
Commission is now undertaking systematic
transposition checks. An economic and a
legal study is on-going to prepare the 2013
implementation report.

Directive
1999/62/EC of the
European Parliament
and of the Council
of 17 June 1999 on
the charging of
heavy
goods
vehicles for the use
of
certain
infrastructures
as
amended
by
Directive
2006/38/EC of 17
May 2006

The key transposition dates are 2008 and
2013. The Commission will intensify bilateral
meetings at an early stage with Member
States which are implementing new tolling
arrangements. In 2013, it will also work with
the relevant Committee to develop guidance
notes with a view to promoting a more
uniform implementation.

Directive
2004/52/EC of the
European Parliament
and of the Council
of 29 April 2004 on
the interoperability
of electronic road
toll systems in the
Community

The key transposition dates are 2006 and
October 2012. The Toll Committee will
intensify its work. The Commission will
implement stricter monitoring based on
Article 258 TFEU and Article 7h of Directive
1999/62/EC, and will promote the exchange
of best practice through expert groups and a
dedicated website.

First
package:

railway The Commission will hold ad-hoc meetings
with all Member States to explain how to
implement the first railway package.

Directive
2001/12/EC of the
European Parliament
and of the Council
of 26 February 2001
amending Council
Directive
91/440/EEC on the
development of the
Community's
15

railways
Directive
2001/13/EC of the
European Parliament
and of the Council
of 26 February 2001
amending Council
Directive 95/18/EC
on the licensing of
railway undertakings
Directive
2001/14/EC of the
European Parliament
and of the Council
26 February 2001 on
the allocation of
railway
infrastructure
capacity and the
levying of charges
for the use of
railway
infrastructure
and
safety certification
Proposal
for
a As part of its transposition assistance, the
Directive of the Commission will adopt implementing rules to
European Parliament ensure a uniform application of the Directive.
and of the Council
establishing a single
European
railway
area
(Recast)
COM(2010)
475,
17.9.2010
Fourth
Package:

Railway After adoption of the proposals (scheduled
before end 2012), the Commission plans to
launch a study to evaluate the effectiveness of
Legislative proposal the implementation of proposed measures
revising Regulation (reducing the cost and the duration of the
881/2004
authorisation process for rolling stock,
establishing
the facilitating access to the market for new
European Railway railway undertakings).
Agency
and
amending safety and In this context, it will also examine the
interoperability
implementation of Regulation 1370/2007, as
directives
type revised. It will conduct in particular an
authorisation
and analysis of the market impact of the planned
railway undertaking new rule aiming at imposing competitive
tendering procedures for the award of railway
16

certification

public service contracts. The Commission
will organise workshop(s) to promote the
Legislative proposal exchange of best practices.
on
rail
market
access, implying the
adequate adaptation
of
the
existing
acquis on rail market
access (1st railway
package and its
subsequent
amendments)
Revision of the
Regulation on public
service
contracts
(Regulation
EC
1370/2007)
Directive
2009/12/EC of the
European Parliament
and of the Council
of 11 March 2009 on
Airport charges

The Commission will conduct conformity
checks on a case-by-case basis, and report in
2013 on the state of play of transposition in
Member States.

Commission
Regulation (EU) No
691/2010 of 29 July
2010 laying down a
performance scheme
for air navigation
services and network
functions
and
amending
Regulation (EC) No
2096/2005
laying
down
common
requirements for the
provision of air
navigation services

The
Commission
will
adopt
a
Recommendation on the implementation of
performance plans and targets in June 2012.
Monitoring, benchmarking and reviewing the
performance of air navigation services and
network functions will be conducted with the
assistance of the independent Performance
Review Body.
The
Commission
will
adopt
a
Recommendation on monitoring in December
2012, giving guidance to Member States on
their obligation to monitor the proper
implementation of performance plans. The
Commission will issue a report on the
implementation of performance plans and
targets in 2013.
EU-wide targets for the second reference
period (2015-2019) will be set in 2013.
As envisaged in the performance regulation,
the Commission (via a Comitology
procedure) will amend the performance and
charging regulations at the beginning of 2013
to extend the performance scheme to full
17

gate-to-gate coverage, with target setting in
all four key performance areas (capacity,
cost-efficiency, safety, environment).
Directive
2010/65/EU of the
European Parliament
and of the Council
of 20 October 2010
on
reporting
formalities for ships
arriving in and/or
departing from ports
of
the
Member
States

The transposition date is 19 May 2012. The
Commission will intensify its cooperation
with Member States throughout the
implementation process for the national
single window (to be finalized by 1 June
2015). In particular, a Member States expert
group (eMS) provides transposition guidance
on implementation coordination as well as
detailed technical issues (IT systems,
procedures). The Group promotes best
practices and presents implementation results.
The European Maritime Safety Agency
provides technical assistance to the Group.
Further support to Member States is provided
through an FP7 research project (eMar). The
results are shared with the eMS group,
thereby giving a tool for Member States to
prepare for implementation.
Within the 2012 TEN-T call, a pilot project
for implementing national single windows is
planned for November 2012. A consortium
consisting of 17 Member States has expressed
its interest in submitting a proposal for the
call.

Decision
No
661/2010/EU of the
European Parliament
and of the Council
of 7 July 2010 on
Union guidelines for
the development of
the trans-European
network (recast)

European Coordinators provide support to
Member States for effective and timely
implementation of Priority Projects. The
TEN-T Days annual conferences provide an
opportunity to exchange good practice (next
conference expected in autumn 2012).

Regulation (EC) No
680/2007 of the
European Parliament
and of the Council
of 20 June 2007
laying down general
rules for the granting
of
Community
financial aid in the
field of the transEuropean transport

The TEN-T Committee is set to adopt Annual
and Multiannual Work Programmes setting
financing priorities. Calls for proposals will
be launched in 2012 and 2013, and a
procedure will be launched for project
selection to prepare the Connecting Europe
Facility after 2013. In this context, the
Commission intends to organise info day
sessions and will provide monitoring and
assistance to develop a project pipeline.
18

and energy networks
Europe 2020 project
Bond
initiative
which will modify
Regulation (EC) No
680/2007 (referred
to above)

The TEN-T Annual Work Programme 2012
will be amended in the third quarter of 2012
to provide budget for the LGTT (Loan
Guarantee Instrument for TEN-T) in order to
provide financing for the pilot phase of the
project bonds.
The Commission will work with EIB to
identify and select projects for the pilot phase
of the project bonds. Studies will be
conducted in mid-2013 for the interim report
of the pilot phase of the project bonds
initiative.

Digital
market

single Directive
2000/31/EC of the
European Parliament
and the Council of 8
June 2000 on certain
legal aspects of
electronic commerce

An in-depth evaluation of the transposition
and implementation of the Directive is under
way (final report August 2012) Based on the
results of the study the Commission will take
appropriate action. Work within the expert
group of Member States established under the
Directive will continue to help develop the
legal and cross-border supply of online
products and services.

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 COM(2012)11,
25.1.2012

Upon adoption of the Regulation, the
Commission will assist Member States to
ensure a proper implementation and
application on the ground.

Directive
2011/83/EU of the
European Parliament
and of the Council
of 25 October 2011
on consumer rights,
amending Council
Directive 93/13/EEC
and
Directive
1999/44/EC of the
European Parliament
and of the Council

The
Commission
provides
enhanced
transposition assistance through meetings of
Member States experts and through the
development of guidelines to help enforcers
correctly
implement
the
information
requirements set out in Directive 2011/83/EU
in the digital area.

19

and
repealing
Council
Directive
85/577/EEC
and
Directive 97/7/EC of
the
European
Parliament and of
the Council

Energy

Proposal
for
a
Regulation of the
European Parliament
and of the Council
on
a
Common
European Sales law COM(2011)
635,
11.10.2011

Upon adoption of the regulation, the
Commission will provide assistance to secure
a proper implementation and application on
the ground.

Directive
2009/72/EC of the
European Parliament
and of the Council
of 13 July 2009
concerning common
rules for the internal
market in electricity
and
repealing
Directive
2003/54/EC
(Electricity
Directive)

The transposition date was 3 March 2011. An
in-depth analysis of already notified measures
is being carried out. 13 Member States have
not fully transposed the Directive however
and the Commission is taking appropriate
action. The Commission will also continue to
discuss the proper implementation and
practical functioning of the Directive with the
national authorities, including with the
national regulatory authorities for energy.

Directive
2009/73/EC of the
European Parliament
and of the Council
of 13 July 2009
concerning common
rules for the internal
market in natural gas
and
repealing
Directive
2003/55/EC
(Gas
Directive)

The transposition date was 3 March 2011. An
in-depth analysis of notified measures is
being carried out. 12 Member States have not
fully transposed the Directive however and
the Commission is taking appropriate action.
The Commission will also continue to discuss
the proper implementation and practical
functioning of the Directive with the national
authorities, including with the national
regulatory authorities for energy.

Directive
2006/32/EC of the
European Parliament
and of the Council
of 5 April 2006 on
energy
end-use
efficiency
and
energy services and

The Directive has been transposed in all
Member States; however a significant number
of complaints are being examined and point
to possible compliance issues. The
implementation of the Directive is regularly
discussed with Member States, both
bilaterally and in the framework of Concerted
Action. The Commission is preparing a report
20

repealing
Council focussing on the progress achieved by
Directive 93/76/EEC Member States in implementing their national
indicative
targets;
however
broader
implementation issues will also be tackled.
The proposed Energy Efficiency Directive
aims to further specify certain provisions of
Directive 2006/32/EC so as to facilitate its
implementation.
Directive
2010/31/EU of the
European Parliament
and of the Council
of 19 May 2010 on
the
energy
performance
of
buildings (recast)

Transposition dates: 9 July 2012 and 9
January 2013 (depending on provisions). The
Commission
will
conduct
systematic
transposition checks once deadlines have
lapsed. Implementation assistance will be
provided through guidance documents,
regular bilateral meetings with Member
States, and meetings of expert groups.

21

Measures proposed by the European Commission under the Single Market Act I
which Parliament and Council committed to treat as priority, and for which the
Commission will provide enhanced transposition and/or implementation assistance:
1. Proposal for a Regulation of the European Parliament and of the Council on
European Venture Capital Funds, 7.12.2011 COM(2011) 860 final 2011/0417 (COD)
2. Proposal for a Directive of the European Parliament and of the Council amending
Directive 2005/36/EC on the recognition of professional qualifications and
Regulation on administrative cooperation through the Internal Market Information
System, 19.12.2011 COM(2011) 883 final 2011/0435 (COD)
3. Proposal for a Regulation of the European Parliament and of the Council
implementing enhanced cooperation in the area of the creation of unitary patent
protection, 13.4.2011 COM(2011) 215 final 2011/0093 (COD)
4. Proposal for a Directive of the European Parliament and of the Council on alternative
dispute resolution for consumer disputes and amending Regulation (EC) No
2006/2004 and Directive 2009/22/EC (Directive on consumer ADR), 29.11.2011
COM(2011) 793 final 2011/0373 (COD)
Proposal for a Regulation of the European Parliament and of the Council on online
dispute resolution for consumer disputes (Regulation on consumer ODR), 29.11.2011
COM(2011) 794 final 2011/0374 (COD)
5. Proposal for a Regulation of the European Parliament and of the Council on
European Standardisation and amending Council Directives 89/686/EEC and
93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC,
2004/22/EC, 2007/23/EC, 2009/105/EC and 2009/23/EC of the European Parliament
and of the Council, 1.6.2011 COM(2011) 315 final 2011/0150 (COD)
6. Proposal for a Regulation of the European Parliament and of the Council establishing
the Connecting Europe Facility, 19.10.2011 COM(2011) 665 final 2011/0302 (COD)
Proposal for a Regulation of the European Parliament and of the Council on
guidelines for trans-European energy infrastructure and repealing Decision No
1364/2006/EC, 19.10.2011 COM/2011/0658 final - 2011/0300 (COD)
Proposal for a Regulation of the European Parliament and of the Council on Union
guidelines for the development of the trans-European transport network, 19.10.2011
COM/2011/0650 final - 2011/0294 (COD)
Proposal for a Regulation of the European Parliament and of the Council on
guidelines for trans-European telecommunications networks and repealing Decision
No 1336/97/EC, 19.10.2011 COM/2011/0657 final - 2011/0299 (COD)
7. Proposal for a Regulation of the European Parliament and of the Council on
electronic identification and trust services for electronic transactions in the internal
market, 4.6.2012 COM/2012/238
22

8. Proposal for a Regulation of the European Parliament and of the Council on
European Social Entrepreneurship Funds, 7.12.2011 COM(2011) 862 final
2011/0418 (COD)
9. Proposal for a Council Directive amending Directive 2003/96/EC restructuring the
Community framework for the taxation of energy products and electricity, 13.4.2011
COM(2011) 169 final 2011/0092 (CNS)
10. Proposal for a Directive of the European Parliament and of the Council on the
enforcement of Directive 96/71/EC concerning the posting of workers in the
framework of the provision of services, Brussels, 21.3.2012 COM(2012) 131 final
2012/0061 (COD)
Proposal for a Council Regulation on the exercise of the right to take collective action
within the context of the freedom of establishment and the freedom to provide
services, 21.3.2012 COM(2012) 130 final 2012/0064 (APP)
11. Proposal for a Directive of the European Parliament and of the Council on the annual
financial statements, consolidated financial statements and related reports of certain
types of undertakings, 25.10.2011 COM(2011) 684 final 2011/0308 (COD)
12. Proposal for a Directive of the European Parliament and of the Council on public
procurement, 20.12.2011 COM(2011) 896 final 2011/0438 (COD)

23