Доклад за напредъка в изпълнението на стратегията за опростяване на регулаторната среда


Other initiatives adopted by the legislature contributing to the simplification but not part of the rolling programme



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Other initiatives adopted by the legislature contributing to the simplification but not part of the rolling programme

Regulatory area

Legal act(s)

Official Journal

Insurance undertakings

Directive 2006/46/EC of the European Parliament and of the Council of 14 June 2006 amending Council Directives 78/660/EEC on the annual accounts of certain types of companies, 83/349/EEC on consolidated accounts, 86/635/EEC on the annual accounts and consolidated accounts of banks and other financial institutions and 91/674/EEC on the annual accounts and consolidated accounts of insurance undertakings

O.J. L 224, 16.8.2006, p. 1-7

Employment and social affairs

Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast)

O.J. L 204, 26.7.2006, p. 23–36

Electronic recording and reporting of fishing activities

Council Regulation (EC) No 1966/2006 of 21 December 2006 on electronic recording and reporting of fishing activities and on means of remote sensing

O.J. L 36 of 8.2.2007, p. 3

Export of agricultural products

Council Regulation (EC) No 14/2008 of 17 December 2007 amending Regulation (EEC) No 386/90 on the monitoring carried out at the time of export of agricultural products receiving refunds or other amounts.

O.J. L 8 of 11.01.2008, p. 1

eCustoms

Decision No 70/2008/EC of the European Parliament and of the Council on a paperless environment for customs and trade.

O.J. L 23 of 26.01.2008, p. 21

Regional policy

Council Regulation (EC) No 1341/2008 of 18 December 2008 amending Regulation (EC) No 1083/2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund, in respect of certain revenue generating Projects

O.J. L 348 of 24.12.2008, p. 19

Annex 6: Codification programme (2009)




Title

DG

Legal Base




(a) EP/Council acts




 

1.

Regulation 1612/68 on freedom of movement for workers within the Community

EMPL

Art. 40 and 251

2.

Directive 98/34 laying down a procedure for the provision of information in the field of technical standards and regulations

ENTR

Art. 95, 284 and 37

3.

Directive 89/552 on the coordination of certain provisions laid down by Law, Regulation or Administrative Action in Member States concerning the pursuit of television broadcasting activities

INFSO

Art. 47(2) and 55

4.

Regulation 2160/2003 on the control of salmonella and other specified food-borne zoonotic agents

SANCO

Art. 152(4)(b)

5.

Regulation 21/2004 establishing a system for the identification and registration of ovine and caprine animals and amending Regulation (EC) No 1782/2003 and Directives 92/102/EEC and 64/432/EEC

SANCO

Art. 37

6.

Regulation 178/2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety

SANCO

Art. 37, 95 and 133

7.

Regulation 95/93 on common rules for the allocation of slots at Community airports

TREN

Art. 80(2)

8.

Regulation 417/2002 on the accelerated phasing-in of double hull or equivalent design requirements for single hull oil tankers and repealing Council Regulation (EC) No 2978/94

TREN

Art. 80(2)




(b) Commission acts







9.

Regulation 2568/91 on the characteristics of olive oil and olive-residue oil and on the relevant methods of analysis

AGRI

Council Regulation 1234/2007 Art. 113(1)(a), 118 and 121(h)

10.

Regulation 1019/2002 on marketing standards for olive oil

AGRI

Council Regulation 1234/2007 Art. 113(1)(a), 118 and 121(h)

11.

Regulation 297/2003 laying down detailed rules for the application of the tariff quota for beef and veal originating in Chile

AGRI

Council Regulation 1234/2007

12.

Regulation 1342/2003 laying down special detailed rules for the application of the system of import and export licences for cereals and rice

AGRI

Council Regulation 1234/2007 and 3072/95

13.

Regulation 2236/2003 laying down detailed rules for the application of Council Regulation (EC) No 1868/94 establishing a quota system in relation to the production of potato starch

AGRI

Council Regulation 1868/94 Art. 8

14.

Regulation 2402/96 opening and setting administrative rules for certain annual tariff quotas for sweet potatoes and manioc starch

AGRI

Council Regulation 1095/96

15.

Regulation 596/2004 laying down detailed rules for implementing the system of export licences in the egg sector

AGRI

Council Regulation (EC) 1234/2007 Articles 161(3), 170 and 192(2), in conjunction with Article 4 thereof; and Council Regulation (EC) No 3290/94 Article 3(1)

16.

Regulation 633/2004 laying down detailed rules for implementing the system of export licences in the poultrymeat sector

AGRI

Council Regulation (EC) 1234/2007 Articles 161(3), 170 and 192(2), in conjunction with Article 4 thereof; and Council Regulation (EC) No 3290/94 Article 3(1)

17.

Regulation 1438/2003 laying down implementing rules on the Community Fleet Policy as defined in Chapter III of Council Regulation (EC) No 2371/2002

MARE

Council Regulation 2371/2002 Art. 11(7), 12(2), 13(2) and 14(2)

18.

Regulation 930/2000 establishing implementing rules as to the suitability of the denominations of varieties of agricultural plant species and vegetable species

SANCO

Council Directive 2002/53 Art. 9(6) and Council Directive 2002/55 Art. 9(6)

19.

Regulation 1239/95 establishing implementing rules for the application of Council Regulation (EC) No 2100/94 as regards proceedings before the Community Plant Variety Office

SANCO

Council Regulation 2100/94 Art. 114

20.

Regulation 1702/2003 laying down implementing rules for the airworthiness and environmental certification of aircraft and related products, parts and appliances, as well as for the certification of design and production organisations

TREN

EP and Council Regulation 216/2008

21.

Regulation 2042/2003 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks

TREN

EP and Council Regulation 216/2008

Annex 7: Simplification Rolling programme 2009

(Extract from the Commission Legislative and Work Programme 2009 - COM (2008)712)




Title of action

Type of simplification action

Description of scope and objectives

1.

Commission Regulation on physical checks on exported agricultural products subject to refunds

Revision

Following the 2007 Communication on the "Health Check" in the Common Agricultural Policy (CAP), the legislative proposals will provide options aiming at making the Single Payment Scheme more effective, adapting the market support instruments and addressing the new challenges facing the sector. The "Health Check" is not a fundamental reform, rather it essentially aims to ensure that the CAP functions effectively and to simplify it where possible. This initiative arises from the review clauses regarding the Single Payment Scheme and certain agricultural markets that were included in 2003/04 CAP reforms.

2.

Commission Communication establishing formal recognition that a certain number of acts of Community law in the field of agriculture have become obsolete

Repeal

The objective of the proposal is to declare obsolete Commission legal acts that are of no practical relevance or broader interest, thus contributing to the objectives of updating and simplifying the Community acquis. Their removal will clarify the "essential" acquis of acts that are active and generally applicable.

3.

Commission Regulation on intervention on the market in skimmed milk powder

Revision

The purpose of the initiative is to amend the implementing rules due to the abolition of private storage aid for skimmed milk powder (SMP) as well as to implement newly introduced rules on the standardisation of protein content in SMP. Technical clarifications and simplification (e.g. concerning the security provisions) are being introduced.

4.

Revision of Commission Regulation 1973/2004 implementing the Health Check as regards the support schemes provided for in Titles IV ('other aid schemes') and IVa of that Regulation

Recast

Council Regulation 1782/2003 is scheduled for replacement by a new Direct Payments Regulation in 2008. The objective of the recast is to do away with obsolete provisions linked to aid schemes to be abolished or decoupled pending the outcome of the Health Check.

5.

Revision of Commission Regulation 796/2004 implementing the Health Check as regards cross-compliance, modulation and the integrated administration and control system (IACS)

Recast

Council Regulation 1782/2003 is scheduled for replacement by a new Direct Payments Regulation in 2008. The objective of the recast is to establish common rules for direct support schemes under the common agricultural policy and certain support schemes for farmers.

6.

Revision of Commission Regulation 795/2004 implementing the Health Check as regards the single payment scheme

Recast

Council Regulation 1782/2003 is scheduled for replacement by a new Direct Payments Regulation in 2008. The objective of the recast of Regulation 795/2004 is to do away with obsolete provisions linked to the setting up of the single payment scheme introduced by the 2003 CAP reform or temporary rules linked to subsequent integration of sectors into the single payment scheme.

7.

Commission Regulation establishing common rules concerning buying-in under public intervention

Recast/Revision

The initiative is a consequence of the Health Check proposals. The project concerns simplification and harmonisation in a horizontal legal act of the detailed rules for intervention, in particular for cereals, dairy products and meat.

8.

Council Regulation repealing a number of obsolete agricultural acts

Repeal

The objective of the Regulation is to repeal Council legal acts that are obsolete and of no practical relevance or broader interest, thus contributing to the objectives of updating and simplifying the Community acquis. Their removal will clarify the "essential" acquis of acts that are active and generally applicable.

9.

Notice on the enforcement of State aid law by national courts

Revision

Review of the 1995 Notice on cooperation between national courts and the Commission in the State aid field. The new Notice will support and assist national courts faced with illegal aid, by setting out the applicable Community Case-law and decision-making practice. It will also update and reinforce the support mechanisms offered to national courts. By rationalising and improving existing guidance, the Notice will simplify the tasks of national courts in State aid enforcement.

10.

Best Practices Code in State Aid

Revision

The Best Practices Code aims at establishing good practices on both the Commission's and Member States' sides with a view to increasing the efficiency, transparency and predictability of State aid procedures. Efficiency could be improved, for instance, by means of improved pre-notification contacts, incentives for more complete notifications by Member States, more standardised information exchange with Member States, as well as streamlined internal procedures. Predictability would be increased by means of quicker decision making. And Member States would obtain more transparency as regards procedural steps and foreseen deadlines.

11.

Notice on a simplified procedure in State aid

Revision

The design of a simplified procedure in State aid aims at ensuring the quick adoption of decisions in straightforward notified aid cases including cases adopted on the basis of the standard assessment section of horizontal state aid instruments, as well as cases merely confirming precedents. The Notice should contribute to improving the efficiency of state aid procedures by simplifying the procedure for these types of cases.

12.

Community initiative on work-related musculoskeletal disorders

Recast

Follow-up of the second phase of consultation of the social partners. The objective of this initiative is to integrate into a single legislative instrument the provisions on the protection of the health and safety of workers from the risks of musculo-skeletal disorders at work. These provisions are currently fragmented over different directives, namely Council Directive 90/269/EEC and Council Directive 90/270/EEC. A single legislative instrument would be more comprehensive, clearer and easier to apply. It will benefit employers in terms of legal clarity and workers in terms of providing better protection against the risks of musculo-skeletal disorders.

13.

Revision of Directive 2000/35 of the European Parliament and Council on combating late payment in commercial transactions

Revision

Several key provisions of the current Directive are unclear or difficult to implement, thereby creating various hurdles for businesses to claim their rights in case of late payment. The overall objective is to discourage debtors from paying late and to provide creditors with measures that enable them to fully exercise all their rights when paid late. The simplification would entail a clarification of the calculation of the applicable interest rate, a better description of the nature and extent of “retention of title”, a new definition of the types of commercial transactions covered by the Directive and a clearer definition of “relevant recovery costs” to include internal administrative costs linked to late payment.

14.

Regulation relating to the type-approval of agricultural and forestry vehicles

Recast

The proposal will simplify EC legislation on agricultural and forestry tractors by replacing existing legislation (including the present Framework Directive and the separate Directives) by one main Regulation. The proposal will repeal 24 Directives. It will introduce improved requirements for tractor brakes as well.

15.

Amendment to Annex IV to Regulation 2003/2003 on fertilizers

Revision

The objective is to ensure that CEN Standards can be considered as official methods of analysis to be used as references for official controls. Their updated versions delivered by CEN will no longer be included in the legal act but will exist in the form of separate standards to which Community law will refer - the detailed descriptions of test methods currently contained in the Annex will be deleted.

16.

Directive or Regulation concerning medical devices

Recast

The objective is to simplify and strengthen the rules in order to ensure a high level of health protection while at the same time ensuring the smooth functioning of the internal market.

17.

Regulation on type approval of Two- or Three- Wheel motor vehicles

Recast

The proposal will simplify EC legislation on 2 and 3-wheel motor vehicles by replacing existing legislation (including the present Framework Directive and the separate Directives) into one main Regulation. The proposal will repeal 14 Directives. It will introduce modern emissions legislation, ABS and automatic emergency braking for two- and three-wheelers.

18.

Proposal of a Legal Instrument to underpin development of the Shared Environmental Information System

Revision

The simplification objectives cover:

- modernising and streamlining environmental reporting, to facilitate data availability in line with the principle that information should be managed as close as possible to its source and should be collected once and broadly shared;

- timely availability of information / data, in particular by simplifying the current approach on reporting periods;

- repealing / streamlining obsolete or overlapping reporting, based on a screening of legislation.



19.

Council Regulation 1172/98 on statistical returns in respect of the carriage of goods by road

Revision

The objective is to create an instrument within the European Statistical System (ESS) that allows to manage road freight statistics surveys by means of reporting requirements (thresholds of the number of vehicles per reporting country), scope of the surveys (types of vehicles included) and precision standard (already modifiable by comitology). In agreement with the ESS (Statistical Programme Committee), the population (focus on international operations and heavy vehicles) and sample (precision measures to be adapted to data needs) of road freight vehicles subject to reporting may be decreased.

20.

Amendment to Regulation 44/2001 concerning jurisdiction, recognition and enforcement of judgments in civil and commercial matters

Revision

The objective is to ensure free circulation of all judgments in the EU by the abolition of exequatur and to adapt the provisions of the Regulation to the new international instruments in the area concerned. It will also abolish intermediary steps which citizens have to go through in order to have a judicial decision recognised and enforced abroad.

21.

Council Regulation on the reform of the common organisation of the markets in fishery and aquaculture products

Revision

The common market organisation (CMO) was created to achieve the objectives laid down in Article 33 of the Treaty in the fishery sector, in particular to provide market stability and to guarantee a fair income for producers. More recent objectives focus on sustainability-supportive fishing and marketing activities. In place since 1971, the common market organisation has undergone many changes over time, and a reshaped CMO has been in operation since 1 January 2001. The effectiveness and efficiency of this policy is currently being evaluated. The proposal aims at taking account of market developments, changes in fishing activities and the shortcomings detected in the implementation of the provisions currently in force.

22.

Commission implementation rules on the reformed control and enforcement framework

Revision

The new rules will modernize and simplify procedures for national administrations and stakeholders and will facilitate better enforcement. Administrative burden and constraints for the sector and public administrations are to be alleviated, with an increased use of IT tools to reduce reporting obligations. All aspects related to control and monitoring of fisheries activities (declaration of catches, tolerance margins, landing declarations, transport, localisation of the fleet, etc.) will be simplified. Also new elements to address the challenges of Illegal, Unreported and Unregulated (IUU) fishing will be included.

23.

Commission Communication on formal recognition of obsolescence and four proposals repealing obsolete legal instruments in the field of the Common Fisheries Policy

Repeal

Screening of the body of Community law relating to the Common Fisheries Policy (CFP) within the context of the "2006-2008 Action Plan for simplifying and improving the CFP" revealed that a number of Acts of Community law have exhausted their legal effects, though they have not been formally repealed or have no indication of a time limit as to their validity. To repeal acts still in force, the same enabling power should be used as that for the initial act. Where the legal basis for the act no longer exists, the Commission will publish a formal recognition of obsolescence through a Communication.

24.

Recast of Decisions relating to checks on insurance against civil liability in respect of the use of motor vehicles

Recast

Over the past few years, the Commission has adopted a number of Decisions (2003/542/EC, 2004/332/EC, 2005/849/EC, and 2007/482/EC) on the abolition of insurance checks in respect of the countries acceding to the EU. The Recast aims at simplifying and clarifying the regime of these Decisions adopted under Article 2 of Directive 72/166/EC on motor insurance.

25.

Recast of the Prospectus Directive

Recast

Areas where legislative changes are required to improve and simplify the application of the directive will be identified in order to reduce the administrative burden on issuers, without lowering the standard of investors' protection. Among them, the deletion of information requirements that duplicate the transparency directive (Article 10), the extension of the scope of the exemption for employees share schemes (Art. 4.1. e), and the clarification of the responsibilities in case of retail cascade (art. 3.2).

26.

Recast of the Market Abuse Directive

Recast

In line with the Commission's Better Regulation approach, a review of the MAD (Market Abuse Directive) regime in the EU is taking place. Focus is on areas where improvements could be achieved in terms of: (i) rationalising/reducing administrative burdens concerning for example the disclosure duties on company executives, and the duty to draw up and maintain insider lists, (ii) facilitating and strengthening supervision exercised at the level of Member States.

27.

Simplification of Accounting Directives

Revision

Objective is to allow Member States to exempt micro entities from the accounting requirements and to review the Accounting Directives (4th and 7th Company Law Directives) to take account of the interest of small businesses and reduce administrative burdens by over €5 billion.

28.

Implementing Measures for the Rapid Alert System for Food and Feed (RASFF)

Revision

The objective of the implementing measures is the uniform operation of the RASFF by all the members of the network by: defining the scope of the system; setting up contact points; defining the role of the Commission; elaboration and transmission of relevant notification; assessment and follow-up of a notification; defining rules for exchanging RASFF information with third countries; setting up confidentiality requirements.

29.

Regulation on plastic food contact materials and articles

Recast

Recast of Directives on plastic food contact materials into one Regulation with the aim to speed up authorisation of new additives and monomers and to simplify, clarify and update rules on migration testing; repeal of obsolete rules, such as the analytical methods in Directives 80/766/EEC and 81/432/EEC; of certain parts of Directive 82/711/EEC which are not testing criteria but interpretations and explanations; and remove contradicting rules between 82/711/EEC and 2002/72/EC as regards applicability, and between 82/711/EEC and 85/572/EEC as regards the definition of some food stimulants.

30.

Recast of Directive 1999/36/EC on Transportable Pressure Equipment Directive (TPED)

Recast

Certain clauses have become obsolete and certain issues are currently dealt with in the international agreements on the transport of dangerous goods. Need to eliminate contradictions stemming from these international agreements taking into account transitional agreements at intergovernmental organisations level (UN for road transport, OTIF for rail). Repeal of 4 Directives on Pressure Vessels (76/767/EEC, 84/525/EEC, 84/526/EEC and 84/527/EEC) and integration of the still relevant provisions into the revision of Directive 1999/36/EC.

It is also necessary to bring the existing directive into line with the "New Approach" rules on the free movement of goods which is in the final stages of formal adoption, in line with the new legislative framework for the marketing of products.



31.

Recast of First Railway Package legislation: simplification and modernisation of the legislative framework for access to the rail transport market

Recast

In order to simplify the legislation, the three Directives will be merged and restructured while eliminating cross-references across the legal acts. This will lead to improved readability and hence enable better and harmonised implementation in MSs thus potentially reducing administrative burdens. Furthermore, other legal provisions, in particular institutional arrangements, such as strengthening of the powers of regulatory bodies and a strengthened cooperation of rail infrastructure managers for international services, will be enhanced to promote the emergence of a genuine internal market and to eliminate barriers to the provisions of international rail transport services. Overall by enhancing the legal and institutional framework the Commission hopes to see market access cost of railway undertakings being reduced.

32.

Marine Equipment Directive

Recast

Directive 96/98/EC has been technically amended three times since its adoption and a further two technical amendments are currently under preparation (respectively concerning the committee procedure and the technical annexes). Furthermore, the new legislative framework for the marketing of products will have a direct impact on a number of basic elements (notified bodies, market surveillance, and safeguard clause). Lastly, the current system of periodical technical updates is in need of an in-depth revision in order to keep pace with the legislative production of the International Maritime Organisation. It is intended to recast or to repeal the existing Directive and replace it with a new one.

33.

Recast of the Community regulatory framework regarding transport of radioactive material

Recast

At Community level there are currently more than 30 directives, regulations and recommendations governing the transport of radioactive material. There are also non-binding international rules. Inconsistent transposition of these rules means that there is an unnecessary degree of complexity causing practical problems on the ground in Member States, including increased costs and delays. Simplification of rules and procedures would reduce this and an initial estimate puts the potential at a reduction of 50% in the labour costs and 30% in the costs to operators.

(33 initiatives)

1„По-добро законодателство за растеж и заетост в Европейския съюз“, COM(2005) 97 окончателен.

2Изпълнение на Лисабонската програма на Общността: „Стратегия за опростяване на регулаторната среда“ COM(2005) 535.

3Трети стратегически преглед на инициативата за по-добро регулиране в Европейския съюз COM (2009) 15.

4Допълнителна информация за инициативите за опростяване в селскостопанския сектор ще бъде представена през пролетта на 2009 г. в доклада на Комисията за постигнатия напредък.

5Брошура на правителството на Обединеното кралство: „25 идеи за опростяване на правото на ЕС“, 2008

6Законодателна и работна програма на Комисията за 2009 г. Да действаме сега за една по-добра Европа — COM(2008) 712.

7http://ec.europa.eu/governance/better_regulation/simplification_en.htm#_acquis

8Decision No 768/2008/EC of the European Parliament and of the Council on a common framework for the marketing of products has established a new horizontal framework (revision of the new approach), which will enhance consistency and coherence across a broad range of technical regulations adopted over the last 30 years.

BG BG

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