Доклад за напредъка в изпълнението на стратегията за опростяване на регулаторната среда
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49. |
Organised crime |
2000/642/JHA Council decision on arrangements for cooperation between financial intelligence units of the Member States in respect of exchanging information |
On December 2007 the Commission issued a report on the implementation of this Decision. The report shows good legal compliance by MS but underlines a lack of legal clarity on how data protection rules may affect the exchange of information between MS Financial Intelligence Units and highlights the need for possible complementary measures. These aspects are now being discussed with the MS. This may lead to a complete revision of the decision |
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50. |
Organised crime / Drugs |
Simplification of Decision 2004/757/JHA laying down minimum provisions on the constituent elements of criminal acts and penalties in the field of illicit drug trafficking |
The Decision calls for the Commission to submit a Report to the Council and the Parliament by 12 May 2009 to assess measures taken by MS to comply with the Decision. Possibilities of simplification can also be assessed at the same occasion |
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51. |
Judicial cooperation / Data protection |
Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data |
An on-going study will identify whether the Directive should be modified to take into account technological progress and the globalisation of data movement. Furthermore, the entry into force of the Treaty of Lisbon would provide additional possibilities, such as a single instrument, in respect of shaping the future of data protection |
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52. |
Financial services and financial markets / Banking and financial conglomerates |
Council Directive 89/117/EEC of 13 February 1989 on the obligations of branches established in a Member State of credit institutions and financial institutions having their head offices outside that Member State regarding the publication of annual accounting documents Directive 2002/87/EC of the European Parliament and of the Council of 16 December 2002 on the supplementary supervision of credit institutions, insurance undertakings and investment firms in a financial conglomerate and amending Council Directives 73/239/EEC, 79/267/EEC, 92/49/EEC, 92/96/EEC, 93/6/EEC and 93/22/EEC, and Directives 98/78/EC and 2000/12/EC of the European Parliament and of the Council |
Reviews of the branch accounts and financial conglomerates directives are taking place with a view to simplifying them. |
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53. |
Public health / Communicable diseases |
Decision No 2119/98/EC of the European Parliament and of the Council setting up a network for the epidemiological surveillance and control of communicable diseases in the Community Regulation (EC) No 851/2004 of the European Parliament and of the Council establishing a European Centre for disease prevention and control |
Review of the health threats legislation scheduled for adoption by the Commission by the end of 2010 including in particular review of Regulation (EC) No 851/2004 and Decision No 2119/98/EC. Implementing measures of Decision No 2119/98/EC will be amended accordingly |
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54. |
Public health / Blood |
- Directive 2002/98/EC of the European Parliament and of the Council setting standards of quality and safety for the collection, testing, processing, storage and distribution of human blood and blood components and amending Directive 2001/83/EC - Directive 2001/83/EC of the European Parliament and of the Council on the Community code relating to medicinal products for human use - Directive 2000/70/EC of the European Parliament and of the Council amending Council Directive 93/42 as regards medical devices incorporating stable derivates of human blood or human plasma - 3 Commission Directives implementing Directive 2002/98/EC |
Overall review of blood/tissues and cells legislation will take place in 4-5 years; simplification in common reporting mechanisms could be extended and Commission directives regrouped |
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55. |
Public health / Tissues and Cells |
Directive 2004/23/EC of the European Parliament and of the Council on setting standards of quality and safety for the donation, procurement, testing, processing, preservation, storage and distribution of human tissues and cells Commission Directive 2006/17/EC implementing Directive 2004/23/EC of the European Parliament and of the Council as regards certain technical requirements for the donation, procurement and testing of human tissues and cells |
Overall review of blood/tissues and cells legislation will take place in 4-5 years; simplification in common reporting mechanisms could be extended and Commission directives regrouped |
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56. |
Public health / Tobacco products |
Directive 2001/37/EC of the European Parliament and of the Council on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco products |
Any simplification can be envisaged in the context of the report undertaken in 2007. Proposal to revise the tobacco products directive is scheduled for 2010 |
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57. |
Public health / Food and feed safety |
Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed Council Directive 90/167/EC laying down the conditions governing the preparation, placing on the market and use of medicated feeding stuffs in the Community |
Evaluation is planned end of 2008/2009 including for simplification and administrative burden reduction |
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58. |
Chemical safety of foods / Fraudulent practices |
Commission Decision No 2005/402/EC on emergency measures regarding chilli, chilli products, curcuma and palm oil |
A first step to alleviate controls has been taken in the framework of implementing measures of Regulation (EC) No 882/2004. If the control results are favourable, it can be expected that the measures will be completely lifted. |
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59. |
Animal health and welfare |
Animal health measures on disease eradication and control, intra-community trade and imports |
Action plan on animal health (including certain welfare and feed aspects) has been adopted in 2008; final proposal for the new Animal Health Law is planned in 2010. Revision of some 50 Council and EP/Council acts to replace existing policy actions with a single simplified regulatory framework. The foreseen Animal Health Law will seek to converge with international standards and will establish legal basis for implementation of IT tools and for possible changes in regulatory practice (e.g. use of guidelines in certain areas). |
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60. |
Phytosanitary legislation / Harmful organisms |
Legislation on protective measures against harmful organisms (including intra-trade, plant passports, third country imports, control measures) Legislation on protected zones (including particular plant health risks, surveys and movement of certain plants) |
Evaluation of the Community plant health regime to be launched in 2009 including for simplification and administrative burden reduction |
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61. |
Seed and plant propagating material |
Council Directive 66/401/EC on the marketing of fodder plant seed Council Directive 66/402/EC on the marketing of cereal seed Council Directive 2002/53/EC on the common catalogue of varieties of agricultural plant species Council Directive 2002/54/EC on the marketing of beet seed Council Directive 2002/55/EC on the marketing of vegetable seed Council Directive 2002/56/EC on the marketing of seed potatoes Council Directive 2002/57/EC on the marketing of seed of oil and fibre plants Council Directive 68/193/EC on the marketing of material for the vegetative propagation of the vine Council Directive 1998/56/EC on the marketing of propagating material of ornamental plants Council Directive 92/33/EC on the marketing of vegetable propagating and planting material, other than seed Council Directive 92/34/EC on the marketing of fruit plant propagating material and fruit plants intended for fruit production Council Directive 1999/105/EC on the marketing of forest reproductive material |
Evaluation of the whole acquis on seed and plant propagating material in the framework of Better Regulation aiming to simplify and reduce administrative burdens finalised in November 2008. Action plan to be prepared by 2009. |
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62. |
Consumer policies / Rights |
Council Directive 90/314/EEC on package travel, package holidays and package tours |
The outcome of a public consultation has shown that a majority of stakeholders believe that there is a need to simplify, clarify and modernise the Directive. A consumer detriment study has been initiated in 2008. The Impact Assessment will be launched in 2009. Possible proposal in 2010 |
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63. |
Consumer policies / Distance marketing in financial services |
Distance Marketing of Financial Services Directive 2002/65/EC |
A report on the application of the Directive is scheduled for 2009, on the basis of which the possibility of amending the Directive will be considered |
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64. |
Consumer policies Enforcement |
Regulation (EC) No 2006/2004 on Consumer Protection Cooperation |
The application of the Regulation is reviewed and assessed biennially. Scope for further simplification may be identified in this context. The first such report is due in 2009 and covers the period 2007-2008. |
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65. |
Direct taxation |
Proposal for a Council Directive on a common system of taxation applicable to interest and royalty payments made between associated companies of different Member States (recast version) |
To extend the scope of the Directive by reducing the participation thresholds, the inclusion of indirect holdings and by updating the annex(types of companies) |
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66. |
Indirect taxation / Excise duties |
Directive 68/297/EC on the standardisation of provisions regarding the duty-free admission of fuel contained in the fuel tanks of commercial motor vehicles |
Repeal of Directive is being envisaged |
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67. |
Indirect taxation / Excise duties |
Directive 92/83/EC on the harmonisation of the structures of excise duty on alcohol and alcoholic beverage |
Currently being reviewed by the Commission Services with a view to identifying areas that require modernisation. Simplification opportunities will be sought where appropriate |
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68. |
Customs / General legislation |
Regulation (EC) No 1889/2005/EC on controls of cash entering or leaving the Community |
Evaluation report being prepared on the implementation of the regulation, which may lead to amendments to simplify it |
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69. |
Customs / Specific legislation |
Regulation (EC) No 111/2005 on rules for the monitoring of trade between the Community and third countries in drug precursors |
A study is underway on the implementation of this legislation. It may identify areas to be simplified |
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70. |
Maritime transport |
Recast of Regulation (EC) No 725/2004 on enhancing ship and port facility security and repeal of Directive 2005/65/EC on enhancing port security |
Avec cinq années de recul par rapport à la mise en œuvre des premières mesures de sûreté maritime, regrouper en un seul règlement l'ensemble des prescriptions relatives à la sûreté des navires et des ports, en veillant à leur adéquation vis à vis de l'évolution des instruments internationaux de référence. |
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71. |
Air transport |
Council Regulation (EEC) No 3922/91 of 16 December 1991 on the harmonization of technical requirements and administrative procedures in the field of civil aviation, and its amendments |
Potential repeal of Council Regulation 3922/91 on the harmonisation of technical requirements and administrative procedures in the field of civil aviation. |
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72. |
Air transport / Accidents |
Directive 2003/42/EC of the European Parliament and of the Council of 13 June 2003 on occurrence reporting in civil aviation Council Directive 94/56/EC of 21 November 1994 establishing the fundamental principles governing the investigation of civil aviation accidents and incidents |
Recast of Directive 2003/42/EC and Council Directive 94/56/EC under review |
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73. |
Road transport |
Recast of Regulation (EC) No 3821/85 on recording equipment in road transport |
There is an urgent need to fix a number of technical issues for tachographs (to guard against fraud). In order to have new rules operational quickly, this will be done by comitology in 2009 (included in our catalogue). Later a recast will cover other aspects (such as integration of satellite signals) |
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74. |
Road transport |
Council Directive 96/53/EC of 25 July 1996 laying down for certain road vehicles circulating within the Community the maximum authorized dimensions in national and international traffic and the maximum authorized weights in international traffic. |
Need to amend the directive currently being examined. If amendment is necessary, it could be done in the form of a recast. |
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75. |
Inland waterway |
Council Directive 96/50/EC on the harmonisation of the conditions for obtaining national boat masters’ certificates for the carriage of goods and passengers by inland waterway in the Community |
It is planned to revisit the Directive with a view to facilitating the conditions for obtaining the national boat masters' certificates and to achieve mutual recognition on the Rhine |
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76. |
Trans-European Transport Networks "TEN-T"
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Decision No 1692/96/EC of the European Parliament and of the Council of 23 July 1996 on Community guidelines for the development of the trans-European transport network, as amended by Decisions 1346/2001/EC, 884/2004/EC and Regulation (EC) No 1791/2006/EC |
Review envisaged, pending the outcome of a Green Paper discussion to be launched early 2009. It is, among other things, envisaged to simplify Member State's reporting requirements. |
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77. |
Intermodal transport |
Regulation (EC) No 1692/2006 of the European Parliament and of the Council of 24 October 2006 establishing the second Marco Polo programme for the granting of Community financial assistance to improve the environmental performance of the freight transport system (Marco Polo II) and repealing Regulation (EC) No 1382/2003 |
Simplification measures will be proposed (December 2008) in the context of a mid-term revision of the Regulation. Eligibility thresholds are lowered, applications can be presented by single undertakings, conditions for financing of infrastructure are simplified, project duration is allowed to be extended and administrative procedures streamlined. |
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78. |
Energy / Oil |
1999/280/EC: Council Decision of 22 April 1999 regarding a Community procedure for information and consultation on crude oil supply costs and the consumer prices of petroleum products and implementing measure (1999/566/EC: Commission Decision of 26 July 1999 regarding a Community procedure for information and consultation on crude oil supply costs and the consumer prices of petroleum products) Council Regulation (EC) No 2964/95 of 20 December 1995 introducing registration for crude oil imports and deliveries in the Community |
As from end 2008, a new data transmission system is used by national authorities to communicate data to the Commission. The Market Observatory for energy carried out in 2008 a user survey to better understand the needs and to identify possible improvements of the oil bulletin. An additional survey on national data collection methods including administrative cost involved is ongoing with a view to exchange best practice. Possible modifications of the EC instrument may be envisaged thereafter (2010). |
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79. |
Electricity and Gas |
2003/796/EC: Commission Decision of 11 November 2003 on establishing the European Regulators Group for Electricity and Gas |
Likely to be repealed following the creation of an agency for the co-operation of regulators proposed by the Commission and currently dealt with by the co-legislator |
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80. |
Trans-European Energy Networks / Guidelines |
Decision No 1364/2006/EC of the European Parliament and of the Council laying down guidelines for trans-European energy networks and repealing Decision No 96/391/EC and Decision No 1229/2003/EC |
Review envisaged, following a discussion on the basis of a Green Paper, adopted in November 2008 |
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81. |
Nuclear safety |
Recast of basic safety standards legislation for the protection against the dangers arising from exposure to ionising radiation |
Recast into a single Council Directive establishing the Basic Safety Standards for the protection against dangers arising from exposure to ionising radiation. This recast concerns 5 Directives on radioprotection: Euratom Council Directives 89/618, 90/641, 96/29, 97/43 and 2003/122. The objective is: (a) to reflect the new Recommendations of the International Commission on Radiological Protection (ICRP) issued in December 2007, and (b) to revise and consolidate existing legislation taking into account operational experience. |
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