Europaudvalget 2004-05 (2. samling)
EUU Alm.del Bilag 215
Offentligt
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Danish proposals for simplification
Area of the proposals
Statistics
Maritime (and environmental)
Financial
Construction
Anti dumping
Patents
Company law
Environment
Food and veterinary
Technology
Customs
Transport
Total
In order of appearance in the table below
No. of proposals
11
6
9
2
1
1
4
1
2
1
9
3
50
1
Legislation
Summary
Need for simplification
Proposal for simplification
2
Legislation
Summary
Need for simplification
Proposal for simplification
Statistics
Council regulation (EEC) No 530/1999 of 9th marts 1999
Simplify analysis of coherence
The quality reports are based on a common template with six quality dimensions where
one of the quality dimensions is coherence with other statistical areas with identical or
similar variables.
Documentation regarding Structural Statistics on Earnings and Labour Costs for coher-
ence in data related to: The Labour Force Survey (LFS), Structure of Business Statistics
(SBS), Labour Cost Index (LCI) and National Accounts (NA) have to be delivered on
NACE sections and reasons have to be indicated if differences occur.
Our proposal is to cut back on the analysis of coherence to a much more aggregated level.
There is definitely a need to control coherence between statistics produced in different
domains. A number of the differences are due to the definitions and concepts of the statis-
tical products. It is burdensome for Member States to explain these differences, which oc-
cur in each country and in many cases they are similar. When analysis of coherence is
needed, our proposal is that Eurostat conducts it and Member States only comment on
substantial differences not related to definitions or concepts.
Statistics
Council and European Parliament Regulation No 808/2004 concerning Community statis-
tics on the information society (draft implementing regulation)
Simplify ordinary and sector questionnaire
The comments refer to the measurement of enterprises use of ICT 2006.
I Ordinary questionnaire
Denmark finds that the proposed set of indicators now has reached its maximum meas-
ured both in quantitative and qualitative terms. The questionnaire is markedly longer
compared to the 2003 model questionnaire that was known under the negotiation of the IS
regulation. The ISS regulation states that the Implementing measures should take into
consideration Member States' resources and the burden on respondents.
II Financial sector questionnaire
The special questions on the financial sector go beyond what is necessary to include this
sector in the survey and has more or less developed into an independent survey with its
own questionnaire. This was not foreseen in the ISS regulation.
I Ordinary questionnaire
Denmark welcomes further reductions, by applying the principles on flexibility from the
ISS regulation. This is done by having modules with a fixed duration. Moreover, flexibil-
ity is ensured as not all variables should be surveyed every year. At the same time we
would like to emphasize that we welcome new indicators. In order to avoid increasing
burden on businesses, Denmark will show maximum flexibility concerning negative pri-
orities.
II Financial sector questionnaire
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3
Legislation
Summary
Need for simplification
Proposal for simplification
4
Legislation
Summary
Need for simplification
Proposal for simplification
5
Legislation
Summary
Need for simplification
Proposal for simplification
Denmark suggests that the sector is included in the survey, but with module c+d as volun-
tary to ease burden on businesses. The coverage of the financial sector should only be de-
veloped in conformity with the ordinary questionnaire in the future.
Statistics
Council regulation (EEC) No 3924/91 of 19th December 1991
Simplify collection of data
Two different production concepts are used in the PRODCOM Regulation. Statistics sug-
gests that the same production concept should be used for all commodity groups, namely
production sold during the survey period. The two different production concepts are:
1) Data concerning 82% of the 5,600 detailed industrial commodity groups in the Regula-
tion is collected on the basis of production sold during the survey period.
2) The remaining 18% must be collected on the basis of produced industrial commodities
in the reference period, including the production of intermediaries used as a production
input in the enterprise itself.
Maintaining the two existing production concepts is contrary to the present efforts of
simplifying the collection of data in order to:
1) reduce the response burden,
2) reduce the administrative statistical work and
3) increase the quality of the data (as many enterprises are not aware of the distinction be-
tween the existences of different production concepts).
Statistics
European Parliament of the Council amending Council Regulation (EC) No. 1165/98
concerning short-term statistics
Simplify certain variables
To balance an increased burden, certain variables in the present Regulation have to be left
out
Denmark welcomes in general the proposal, which adds new variables, makes some sta-
tistics more frequent and shortens the transmission deadlines to develop Short Term Sta-
tistics. However, to balance this increased burden, other variables in the present Regula-
tion have to be left out. Especially, we think that the variable “New orders in Construc-
tion and Civil Engineering” should be removed.
In the amendment Regulation, the focus in the construction annex is on a change from a
quarterly to a monthly production variable. This indicator, which is on the PEEI-list, will
be a core variable for the construction sector.
This variable together with information on building permits and business opinion surveys
render the New order variables superfluous.
Furthermore, the New order variables are considered to be of doubtful quality, and a great
number of countries have problems with delivering data.
Statistics
Council Regulation (EC, EURATOM) No 58/97 of 20 December 1996 concerning struc-
tural business statistics
Simplify certain variables
This Regulation consists of an important general annex covering all economic activities
and some annexes covering specific activities. The specific annexes demand very specific
statistics for enterprises within manufacturing, construction and trade.
Some of these specific statistics should to be abandoned. This applies, e.g. to:
20 21 0 – 20 31 0, purchases of energy products (values) divided by types of energy,
which should be reported for the industry (annex 2) and for the construction sector (annex
4).
21 11 0, investment in equipment and plant for pollution control, and special anti-
pollution accessories (mainly end-of-pipe equipment), which should be reported for the
industry (annex 2)
21 12 0, investment in equipment and plant linked to cleaner technology (”integrated
technology”), which should be reported for the industry (annex 2)
21 14 0, total current expenditure on environmental protection, which should be reported
for the industry (annex 2)
23 12 0, income from subcontracting, which should be reported for the construction sec-
tor (annex 4)
17 33 0, category of sales space for retail stores engaged in retail trade, which should be
reported for the distributive trade sector (annex 3)
17 34 0, number of fixed market stands and/or stalls, which should be reported for the dis-
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Legislation
Summary
Need for simplification
Proposal for simplification
7
Legislation
Summary
Need for simplification
Proposal for simplification
8
Legislation
Summary
Need for simplification
Proposal for simplification
9
Legislation
tributive trade sector (annex 3)
16 15 0, number of hours worked by employees, which should be reported for the con-
struction sector (annex 4)
15 31 0, value of tangible goods acquired through financial leasing, which should be re-
ported for the construction sector (annex 4)
If the variable 15 31 0 is removed, the definition of capital formation in the variables 15
12 0 - 15 15 0 should to changed to cover assets acquired through financial leasing. This
would reduce the response burden on business enterprises, as the definition corresponds
to the applied accounting principles (Danish and international principles) for compiling
assets.
Statistics
Commission Regulation (EC) No 642/2004 of 6 April 2004 on precision requirements for
data collected in accordance with Council Regulation (EC) No 1172/98 on statistical re-
turns in respect of the carriage of goods by road
Reduce frequency of survey
The rules regarding statistical returns in respect of the carriage of goods by road
Denmark proposes that the statistics should be changed from quarterly to annual. Fur-
thermore, we propose that the working party should discuss: 1) the frequency of the sur-
vey (from quarterly to yearly), 2) the list of variables, for the purpose of lowering the re-
sponse burden and 3) the threshold of conducting the survey as well as the precision level.
Statistics
Council Regulation (EEC) No 3330/91 and Commission Regulation (EC) No 1901/2000
laying down certain provisions for the implementation of Council Regulation (EEC) No
3330/91
Simplify unit requirements
The Combined Nomenclature (concerning commodities) defines the data to be reported
for each commodity, including data on the quantity being traded. For many commodities
two units must be reported; the main unit being net mass in kilograms and a supplemen-
tary unit (e.g. litre, pieces, etc.). As a result of earlier SLIM-studies, a simplification was
introduced in Intrastat. A list of commodities was established. For the commodities in-
cluded in the list, only a supplementary unit of quantity is to be reported and not the main
unit being net mass in kilograms.
We propose that there should be carried out a study in order to assess further needs for
excluding quantity information, but only for commodities where both units of quantity
data are to be reported today.
Statistics
Council Regulation (EEC) No 3330/91 and Commission Regulation (EC) No 1901/2000
laying down certain provisions for the implementation of Council Regulation (EEC) No
3330/91
EU trade statistics covering all goods (in details) crossing national borders within the In-
ternal Market.
Danish studies have revealed that Intrastat statistics accounts for 3/4
of the total statistical
burden on companies (AMVAB, sep. 2004).
The total burden caused by Intrastat on Dan-
ish companies has been estimated to 17 mi11. euro/year. Especially Intrastat
Import
is
burdensome, accounting for totally 2/3 of the total statistic burdens in Denmark.
On earlier occasions the introduction of a one-flow system in Intrastat has been suggested
(in short, the system is based on the principle that each Member State involved only col-
lects data on either import or export and consequently receives data on the opposite trade
flow on the basis of data collected by the other Member States). In November 1999 the
item was on the agenda at the 35th meeting in the Statistical Program Committee. Den-
mark still supports the idea of introducing a one-flow system, but several conditions have
to be fulfilled:
- The quality of the resulting statistics for each individual Member State (i.e. both flows)
must be maintained.
- Timeliness in connection with the collection and dissemination of data has to be guaran-
teed and for some Member States must be improved significantly compared with the
situation today.
- The inclusion of new Member States in the European Union must be taken into account
in respect of the above-mentioned conditions.
Statistics
Council Regulation (EEC) No 3330/91 on the statistics relating to the trading of goods
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Summary
Need for simplification
Proposal for simplification
10
Legislation
Need for simplification
Proposal for simplification
11
Legislation
Need for simplification
Proposal for simplification
between Member States.
Concerning the statistics relating to the trading of goods between Member States.
The nomenclatures in Intrastat, Extrastat and Prodcom are not similar, two measures of
quantity (net mass in kg, and secondary measure like litres or pieces) are required for
trading information on some goods, the observation percentage and frequency is too high
as well as the numbers of categories. This causes too high administrative burdens for
companies.
The number of categories should be reduced considerably, so that it is easy for the enter-
prises to cope with.
It is of the greatest importance that the nomenclature in Intrastat, Extrastat and Prodcom
are standardized.
The measures of quantity should be made meaningful, and as far as possible it should re-
pealed since measuring the weight often cause big difficulties to the companies. Further-
more it is of greatest importance that the measures of quantity are made similar in In-
trastat, Extrastat and Prodcom.
The observation percentage in Intrastat should be reduced.
Statistics
Directive 95/64
Yes (see below)
The Council Directive on statistical returns in respect of carriage of goods and passengers
by sea was adopted in 1995. These statistics account for the smallest user requirements
among the statistics on transport, and from a Danish point of view the compilation of the
statistics can be discontinued.
Statistics
Council Regulation (EEC) No 3330/91 and Commission Regulation (EC) No 1901/2000
laying down certain provisions for the implementation of Council Regulation (EEC) No
3330/91
Yes (see below)
The Commission (Eurostat) is at the moment working with a project to revise the Intrastat
system by 2005, including a rewriting of the Regulation. The main objective is to simplify
the Regulation and to change its impact with reference to the statistical needs of the
Community. A draft for a new Regulation is to be presented in March 2003 at a meeting
in the Committee on
Statistics Relating to the Trade of Goods Between Member States.
In
this connection, several suggestions have been put forward, but it is still too soon to pre-
dict the outcome. Nevertheless, attention has been focused on the question of statistical
thresholds. Different thresholds are used in Intratstat, which exclude minor companies
from reporting and enable some transactions to be reported on a less detailed basis. A
suggestion could be to increase one or more of the thresholds, taking into consideration
the continued assurance of the quality of the external trade figures (both on an aggregate
and detailed level).
Maritime
Directive 95/21EU On Port State Control
Tankers, bulk carriers and Passenger vessels reporting 72 to 24 hours prior to call at a
port within the community article 7 and Annex 5.
Since it is only for the Port State to consider whether a mandatory inspection needs to be
performed, it should be possible to check with a database in stead of reporting from the
vessels.
Simpler reporting to be performed e.g. IMO no. and ETA should be sufficient.
Maritime
2002/59EU establishing a Community vessel traffic monitoring and information system
Article 4 and 5 Notification prior to entry into ports of the Member States
1. The operator, agent or master of a ship bound for a port of a Member State shall notify
the information in Annex I(1) to the port authority:
(a) at least twenty-four hours in advance; or
(b) at the latest, at the time the ship leaves the previous port, if the voyage time is less
than twenty-four hours; or
(c) if the port of call is not known or it is changed during the voyage, as soon as this in-
formation is available.
2. Ships coming from a port outside the Community and bound for a port of a Member
State carrying dangerous or polluting goods, shall comply with the notification obliga-
12
Legislation
Summary
Need for simplification
Proposal for simplification
13
Legislation
Summary
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Ministry responsible
Legislation
Summary
Need for simplification
Proposal for simplification
tions of Article 13.
Article 5
Monitoring of ships entering the area of mandatory ship reporting systems
1. The Member State concerned shall monitor and take all necessary and appropriate
measures to ensure that all ships entering the area of a mandatory ship reporting system,
adopted by the IMO according to Regulation 11 Chapter V of the SOLAS Convention
and operated by one or more States, of which at least one is a Member State, in accor-
dance with the relevant guidelines and criteria developed by the IMO, comply with that
system in reporting the information required without prejudice to additional information
required by a Member State in accordance with IMO Resolution A.851(20).
Excessive effort from shippers and shipowners to identify substances transported
Create an international database with relevant data on substances for reference, while
maintaining the aim of Article 12 in the directive (to ensure that the competent authority
always has all relevant and accurate information of dangerous or polluting goods being
carried on board ships in their area of responsibility).
Furthermore it has to be assured that, in case of an emergency, the competent authority
should be able to get the information as quickly as possible
Maritime / Environment
Directive 2000/59/EC of 27 November 2000
on port reception facilities for ship-generated waste and cargo residues
Article 6 on notification, article 7on delivery of ship-generated waste, and article 8 on
fees for ship-generated waste
There are certain too bureaucratic features in the directive. The captain must keep a very
detailed record of waste at all times.
For the time being the implementation of the directive is being scrutinized by a consultant
hired by the Commission. On the basis of these findings necessary changes can be made
and we welcome simplifications where appropriate.
Maritime
Regulation No 3577/92/EEC of 7 December 1992
Cabotage-regulation
Remaining restrictions on access to the cabotage markets in certain member states causes
administrative burdens and hampers the efficiency of maritime and intermodal transport.
Remove the administrative burdens on business and the restrictions on market access.
Maritime
Council Directive 96/53/EC of 25 July 1996 laying down for certain road vehicles circu-
lating within the Community the maximum authorized dimensions in national and inter-
national traffic and the maximum authorized weights in international traffic
The regulation will phase out the use of 45 feet containers by the end of 2006
The ban on the use of 45 feet containers will lead to the use of more traditional containers
with more congestion on the European roads as the result.
Allow the continued use of 45 feet containers after 2006
Maritime
Ministry of Economic and Business Affairs, Maritime Authority and Competition Au-
thority
Regulation 4056/86
The regulation applying the general competition rules to maritime transport is under re-
view.
Denmark, other EU-Member States as well as the European shipping industry have asked
for guidelines in connection with the revision of regulation 4056/86 to clarify to the ship-
ping industry what forms of cooperation will be allowed and what would be considered
hampering competition.
Clear and straightforward guidelines to the shipping industry to be issued by the Commis-
sion in close connection with the adoption of a revision of regulation 4056/86.
Financial
A codification of directive 85/611 EC, 88/220 EC, 95/26 EC, 107/2003, 108/2203 (Secu-
rities / UCITS)
A codification is needed in order to make the text comprehensive to the business society.
The increased cooperation across financial sectors makes it highly necessary to be able to
find and to compare directives.
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Proposal for simplification
21
Legislation
Summary
Need for simplification
Proposal for simplification
22
Legislation
Summary
Need for simplification
Proposal for simplification
23
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Summary
Need for simplification
Proposal for simplification
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Summary
Need for simplification
Proposal for simplification
The increased cooperation across financial sectors makes it highly necessary to be able to
find and to compare directives.
The directives should be codified (work is going on in The Committee for European Se-
curities Supervisors).
Financial
Insurance directives (non life insurance) – The following list may not be exhaustive:
220/87, 2001/17, 98/78, 92/49, 91/674, 90/618, 88/618, 88/357, 84/641, 78/473, 73/473
Need for adoption of consolidating directive
The text is not comprehensible to the business society. The increased cooperation across
financial sectors makes it highly necessary to be able to find and to compare directives.
A codification is needed in order to make the text comprehensive to the business society
(the Commission is looking at the scope of a consolidation).
Financial
Insurance directives – notably directive 92/49
Notification procedures
The existing procedures when notifying cross-border activities and the setting up of
branches may be simplified.
The present system based on letters from the supervisory authorities to the companies
containing information on the content of the "general good" rules may be replaced with a
reference to the homepage of the supervisory authorities.
Financial
Directive 2004/109/EC of 15 December 2004 on transparency requirements
Harmonization of transparency requirements in relation to information about issuers
whose securities are admitted to trading on a regulated market.
Interim management statements are often misleading for the market and not necessary,
because companies are always under an obligation to inform whenever important events
take place. They clearly constitute an administrative burden.
Simplify the rules, notably article 6 which could possibly be abolished.
Financial
Directive 2003/71/EC of 4 November 2003
Regulates the prospectus to be published when securities are offered to the public or ad-
mitted to trading.
Under Article 10 companies are required on an annual basis to publish a summary of all
information given to the public during the year. This arrangement seems rather superflu-
ous and should be abolished. The annual report is supposed to cover all important events
of the year.
Simplify the rules, notably article 10 which could possibly be abolished.
Financial
Commission Regulation (EC) No. 809/2004 of 29 April 2004 on implementation of Di-
rective 2003/71/EC
Information to be contained in prospectuses as well as the format, incorporation by refer-
ence and publication of such prospectuses and dissemination of advertisements.
The Annex to the Directive seems rather detailed and cumbersome and a number of sim-
plifications may be achieved.
Simplify the Annex to the Regulation.
Financial
European Parliament and Council Directive 2004/39/EC Directive on Markets in Finan-
cial Instruments (MiFID).
MiFID and especially the current CESR advice and Commission document regarding
technical implementing measures should be simplified. The rule on pretrade information
for systematic internalisers in article 27 is too detailed and should be subject to a
cost/benefit analysis.
Level 2 measures should recognise and distinguish between different market structures
and business models. Consideration should be taken to differences in scale, nature and
complexity of business. The level of detail in the advice/proposals for level 2-measures is
too extensive.
It should be possible to standardise information provided to clients.
Article 27 should be less detailed. It should be reviewed whether the purpose of pre-trade
transparency is really obtained by article 27 and the current proposals for technical im-
plementing measures.
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Proposal for simplification
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Summary
Need for simplification
Proposal for simplification
27
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Summary
Financial
Directive 2000/12/EC on credit institutions
Credit institutions
Mutual recognition between Member States is required.
Art 16 in the directive on supervisory approval process concerning qualifying holdings in
credit institutions should be subject to mutual recognition between Member States.
Financial
Directive 2000/12/EC on credit institutions
Credit institutions
The definition of financial institutions in Art 1 (5) also includes Undertakings for Collec-
tive Investments in Transferable Securities (UCITS). This has as a consequence that in-
vestments made by credit institutions in UCITS are weighted 100 pct (solvency ratio) ac-
cording to art. 43 without regard to the underlying investments made by the UCITS.
These investments may for instance consist of government bonds with weight 0. It is felt
unreasonable especially with regard to the deduction rules in art. 34 (12) and (13) that in-
vestments in UCITS made by credit institutions exceeding some thresholds of ten pct. al-
ways have weight 100 although the underlying investments have a lower weight.
It should be analysed further whether the rules could be simplified, cf. above.
Construction
Construction Products Directive (CPD) (89/106/EEC)
The CPD was agreed on by the Member States in 1988 and is the most complicated of the
new method directives. According to the CPD products have to be in conformity with a
harmonised standard or a European Technical Approval. The essential requirements in the
CPD relate to the finished construction work and not directly to the products. Until now
less than half of the expected harmonised standards have been finished and the technical
approval system has not been used as foreseen.
Yes (see below)
Explicit formulation of the rules regarding mandatory CE-marking.
Four Member States consider the CE-mark as voluntary, which compromise the credibil-
ity and the idea of the CE-mark. An explicit formulation of the rules concerning CE-
marking would strengthen the Directive, the implementation of the CE-mark in the Mem-
ber States and the realisation of free competition for construction products on the Euro-
pean market.
Voluntary ETA’s based upon guidelines
European Technical Approvals based on ETAGs are today mandatory. Making all ETA’s
voluntary would therefore constitute an administrative simplification of the Directive.
If voluntary ETA’s is not pursued it is absolutely essential that EOTA only operate within
narrow scopes.
New article on system standards.
Many Member States use references to system standards in their national regulations and
only to a limited extend references to product standards. To remove barriers to trade the
preparation and maintaining of these standards should therefore be added to the Directive.
New article on rules of transition.
Addition of an article in the Directive that can regulate the period of time between the fin-
ishing of a harmonised standard and the removal of possible conflicting national regula-
tions. The Directive has a general fault in this area, which compromise the realisation of
free competition for construction products on the European market.
Change of terminology for attestation of conformity (AoC).
Simplification and harmonisation of the current terminology in annex 3 in the Directive
(‘i’, ‘a’ and ‘1’) is not the same as the used terminology today in the Commission deci-
sions and the mandates (1, 1+, 2, 2+, 3 and 4).
Notified Bodies
The notified bodies should only deal with regulatory aspects, as well as transparency in
the work of the notified bodies should be pursued in a simplification process of the direc-
tive.
Construction
Council Directive 89/106 of 21 December 1988 Construction Product Directive (CPD)
The Directive needs an amendment to speed up its effective application and to resolve
application problems or misuses which have been noted
See "Summary" above.
Need for simplification
Proposal for simplification
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Need for simplification
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Proposal for simplification
CE-marking should be compulsory for those construction products under the scope of a
harmonised European Norm and for which the CE-marking transitional period has ended.
A transparent procedure to designate the notified bodies (NB) and approval bodies
(EOTA) and evaluate their competence (e.g. by using accreditation) on a common basis.
EOTA should only address regulatory aspects.
The application for an (ETAG) and a CUAP should not force other manufacturers of the
same product family to start using CE-marking for their products.
The systems of attestation of conformity should be simplified.
The main basic terms used in the Directive should be clearly defined. "Construction
product", "non-series product", "kit", "market", etc.
Anti dumping
Regulation concerning antidumping
The objective of the antidumping rules is to protect against price dumping, which means
that a country’s exporters deliberately sell their goods on another country’s market at a
price that is lower than on the home market. Thus, the purpose of antidumping duty is to
maintain fair competition in trade.
Antidumping is one of the most generally used tools among legal and protective meas-
ures. The number of antidumping investigations has increased significantly since the
1990s. The rules must be simplified so that antidumping measures are limited only to
cases where it is an established fact that dumping takes place.
It should be analyzed further how the anti dumping rules can be simplified. A solution
should be sought where the anti dumping measures only applies to cases where it is an es-
tablished fact that dumping takes place.
Patents
1997/0356/COD Harmonization of legal protection of patents.
Harmonization of legal protection of patents.
The current system is expensive and inadequate. A patent in the EU is three times as
costly as a patent in Japan- and five times the price of a patent in the USA. The high costs
are largely a result of translation demands.
-
It should be possible to attain a patent in the EU by one application.
-
The demands of translation should be reduced as much as possible while retaining a
translation of the patent claims
-
A central European court of patents should be established. This will ensure a com-
mon practice and will mean a concentration of the best qualifications.
Company law
78/855/EEC, 89/667/EEC, 2000/46/EC and 2001/107/EC
Regulation concerning company law causes administrative burdens for businesses.
The above mentioned directives concerning company law hold contradictions and cause
considerable administrative burdens for businesses.
Work is needed in this field in order to eliminate contradictions in the directives. Fur-
thermore the regulation could be simplified considerably.
Company law
Third Council Directive 78/855/EEC of 9 October 1978 based on Article 54 (3) (g) of the
Treaty, concerning mergers of public limited liability companies
According to the directive the member states are obligated to provide detailed rules on
merger between national public limited companies. The purpose of these rules is to pro-
tect the interest of creditors, employees and shareholders of the companies involved in a
merger.
The directive needs to be simplified in order to ensure the conformity with related direc-
tives and to ensure that the directive is not unnecessarily administratively burdensome.
A general review of the directive. The main focus of the review should be to consider in
whish cases the participation of a third party is necessary, and whether some of the con-
siderations of the directive could be attended in a less administratively burdensome way,
for instance by the management responsibility.
Company law
Sixth Council Directive 82/891/EEC of 17 December 1982 based on Article 54 (3) (g) of
the Treaty, concerning the division of public limited liability companies
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Proposal for simplification
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Proposal for simplification
The directive leaves it as an option for the member states to provide rules on division of
companies. If member states do so, the provisions of the directive are to be followed.
The purpose of the directive is to protect the interest of creditors, employees and share-
holders of the companies involved in a division.
The directive needs to be simplified in order to ensure the conformity with related direc-
tives and to ensure that the directive is not unnecessarily administratively burdensome.
A general review of the directive. The main focus of the review should be to consider in
whish cases the participation of a third party is necessary, and whether some of the con-
siderations of the directive could be attended in a less administratively burdensome way,
for instance by the management responsibility.
Company law
Eleventh Council Directive 89/666/EEC of 21 December 1989 concerning disclosure
requirements in respect of branches opened in a Member State by certain types of
company governed by the law of another State
The directive provides rules where a company of one member state establishes a branch
in another member state. The directive is a technical implementation of the right of estab-
lishment and lays down principles concerning disclosure requirements in respect of
branches
The establishment of a branch can be administratively burdensome for companies and
leads to requirements of making the same information public in more than one member
state at the same time.
A general review of the directive in light of the recent development of disclosure of com-
pany information in the EU. The main focus of the review should be to consider in whish
cases the participation of a third party is necessary, and whether some of the considera-
tions of the directive could be attended in a less administratively burdensome way, for in-
stance by the management responsibility.
Environment
Council Directive 75/442/EEC of 15. July 1975 on Waste
Inconsistent use of the terminology and annex does not include all recovery
and disposal methods. Furthermore, it serves a purpose to introduce a defini-
tion of the terms reuse and recycling.
The unclear definition and distinction between different waste handling op-
tions lead to bureaucratic handling of waste related questions at local and
governmental level. This is especially true for the area import/export of
waste. For methods not mentioned in the annexes to the directive it is ex-
tremely time consuming for the industries to obtain permission or approval
from the municipalities and the EPA.
It should be clearly underlined that the waste hierarchy is only advisory, but
it must be considered as a guiding principle for choosing a new treatment. In
specific cases, other handling options may be the best solution from as well an
environmental as a cost benefit analytical point of view.
The annex II A and B should be rewritten, so they are not closed lists, but
rather broad conditions for the treatment technologies in the various catego-
ries. It is very unclear what this proposal includes and what the consequences
are. The effect of this will be a much smoother administration for industries
and municipalities, and the possibility to direct waste for the optimal treat-
ment environmentally. In order to make a smooth administration for recy-
cling of certain waste fraction, Denmark proposes that the Waste Framework
Directive introduce criteria for waste to be recycled.
Food
2000/13/EC The laws of the Member States relating to the labelling, presentation and ad-
vertising of foodstuffs.
In the field of food legislation 90% of the legislation originates from the European Union.
The Community’s current legal basis for food labelling is defined in Directive
2000/13/EC of the European Parliament and of the Council of 20 March 2000 on the ap-
proximation of the laws of the Member States relating to the labelling, presentation and
advertising of foodstuffs. This Directive codified the earlier Directive 79/112/EC that es-
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tablished general requirements for food labelling, applicable to all foodstuffs and pre-
packaged food.
The challenge is how to diminish burdens on industry while maintaining the high level of
information and protection of the consumer.
European industry and consumers’ organization both call the current label into question;
it appears that it bears too much information. Since the introduction of the labelling direc-
tive, the amount of information on the label has increased considerably. For those con-
sumers that need specific information, it may be more convenient if they could find more
information in an easy way. It does not seem realistic to expect that the need for informa-
tion about food is reducing in the future. In relation to the increased knowledge about
food and individualisation of the consumer, the demand for specific information by con-
sumers is increasing.
However, any discussion of a review of the EU labelling legislation being relevant in a
Europe of 25, soon 27, has to take into account three core elements of all food labelling
legislation, namely consumer information, consumer education and user needs with re-
gard to practicability/feasibility. Those core elements of the discussion are interlinked and
should be regarded in conjunction.
Consumer information
The food industry is committed to providing responsible consumer information. Labelling
is the most important way of communicating with the consumer. It should be recognised
that other means of consumer information have been promoted to offer more detailed in-
formation off pack in the review process given the complexity of the legislative provi-
sions and limited label space. Labelling, especially mandatory labelling is only one of
many ways of ensuring consumer information. Off pack consumer information has
throughout the last years become an essential tool for consumer information and needs to
be respected as such by legislators.
Consumer information interests can accordingly be served on and off pack and the food
industry urges stakeholders to respect all routes of consumer information when reviewing
mandatory labelling legislation – all consumer interests can certainly not be satisfied
through mandatory labelling.
Consumer education
Consumer education is essential to make best use of the information provided by manu-
facturers. A joint effort is needed in partnership between public authorities and food
manufacturers to ensure information about food is respected, however experience shows
that a lot of the information provided is not used, because consumer education on essen-
tial food information is missing. What is needed, is not ever more information on the la-
bels, but a joint initiative on consumer education in which industry, consumer organisa-
tions and government organisations provide the necessary consumer education.
Respecting “user needs”
There is an urgent need for better consultation of and co-operation with “users” when
drafting EU labelling legislation. Shared interests concern amongst others
Accessibility: Labelling legislation must be easy to find , clearly drafted etc
Practicability: Avoid frequent label changes, and multiple implementation dates, it is ex-
tremely costly to the European food industry partnership in regulatory process to ensure
compliance, feasibility, readability and understandability.
It must be a main objective to compile all labelling rules in one piece of horizontal legis-
lation and only to the absolutely necessary extent supplement these requirements in e.g.
marketing standards.
Other points of concern are regularly consolidation of legislation, synchronised labelling
implementation dates every two or three years where no safety issues are concerned, rec-
ognition of a common market (multi-lingual packs, the use of IT systems applicable for
consumer information on essential items to be discussed and decided, space needed for
cooking instructions and other pieces of consumer information and education).
Differentiation between big and small companies
It should be considered whether it is necessary that SMEs in all cases are subject to same
labelling rules as large companies.
Food Safety
Regulation 1760/2000 (Parliament and Council regulation) and Regulation 1825/2000
(Commission regulation)
The registration of out- and incoming meat in the retail trade, where there is no kind of
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cutting and repacking of meat seems needless.
Simplify the registration and remove needless requirements.
Technology
1999/5/EC Telecom
Article 6.4 states that manufacturers of radio equipment should notify the authorities
about the product.
The cost to manufactures and administrations by far outweighs the benefits from the di-
rective.
It should be considered to relieve manufacturers of radio equipment from the obligation
to notify the authorities about the product according to article 6.4.
Customs
Community legislation re customs in general – e.g. Community Customs Code – regula-
tion (EC) 2913/92 and implementing regulations – Commission Regulation 2454/93
A critical analysis on the functioning and efficiency of the customs procedures etc is
needed in order to modernize and simplify the Customs rules of EC
Many of the present rules and procedures in the Customs area are no longer “up-to-date”
– procedures originally designed to ease the burden of customs duties for EC Companies
are - due to the decreasing customs tariffs in general – no longer economically efficient
(the costs of maintaining and using them exceeds or are close to exceed the advantage of
the procedures them self).
An independent critical analysis of costs and benefits of the existing customs rules should
be conducted to identify areas that should be modernized (or even abandoned).
Customs
All regulations etc that include tariffs
Abandoning of low customs tariffs
Many resources are used in relation to collect and control duties paid – especially re-
sources used to collect and control declarations relating to low tariffs are not in proportion
with the duties collected.
Tariffs under a certain level could be abandoned (e.g. 2 or 5 percent).
Customs
Preferential Rules of origin (PRO) – GSP and agreements between EU and 3
rd
countries –
Commission regulation 2454/93 and the individual agreements
Tariff preferences
Present rules are very complex and difficult to understand. The usage of the systems with
tariff preferences is therefore not used as widely as intended.
Clear, simple and transparent PRO that meets today’s criteria for EC-policies - e.g. devel-
opment. Simple list rules.
Customs
Non-preferential rules of origin – Regulation (EC) 2913/92 and Commission Regulation
(EC) 2454/93
Simplify non-preferential rules of origin
The set of Non-preferential rules of origin is at present very complex. The rules are used
in relation to mainly statistics etc, and have only little tariff implication. Within WTO a
standardisation exercise have been going on for ages – only creating the rules more and
more complex.
At EC level the Customs Code only contains few rules in this area - but interpretation of
the rules include the work conducted by WTO (and WCO), which makes things very
complex.
From the EC side work for real simplification of these rules – and thereby minimise the
use of “special rules”
Customs
Customs Tariff - Regulation (EC) 2658/87
A simpler Customs Tariff (with fewer positions) could be achieved by only letting the
Customs Tariff include tariff positions that are actually being used and which are neces-
sary and justifiable.
The Customs tariff includes many positions that have no use – or have no customs use.
This makes the tariff very comprehensive and very complex to use.
Simple “cleaning out” of positions that are not used would be a beginning. A more com-
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prehensive and ambitious proposal is to join together positions that is no longer necessary
and justifiable to keep apart (e.g. because they have approximately the same tariff rate
etc).
Customs
Regulations on temporally tariff suspensions and autonomous quotas - Regulation (EC)
No 2505/96 and Regulation (EC) No 1255/96
Tariff positions with low tariff rates could be automatically suspended and instead of quo-
tas tariffs could be lowered.
In general costs exceed benefits in relation to the system of suspensions/quotas in relation
to tariff positions with low tariff rates.
Tariff positions with low tariff rates (e.g. 5 %) covered by a suspension or quotas, could
be automatically replaced by a tariff rate of 0 %.
Customs
Quotas (regulations in general)
Abolish quotas in areas where customs tariffs are low.
In general costs exceed benefits in relation to maintaining a system of quotas in relation
to tariff positions with low tariff rates.
Quotas could automatically be abolished for tariff positions with low tariff rates (e.g. 5
%) and be replaced by at tariff rate of 0 %.
Customs
Community Customs Code – Regulation (EC) 2913/92
Security payment relating to Customs could be abandoned
National VAT are – at least in Denmark – not covered by rules on security payment – and
accounts for a much higher value that customs duties. Many resources are used – both by
administrations and economic operators in relation to security payments relating to cus-
toms duties. With decreasing customs duties costs to set up security payments become
even more and more out of proportion.
Abandon rules on security payment in relation to Customs duties.
Customs
Sixth Council Directive (77/388/EEC) of 17 May 1977
The VAT legislation concerning the financial sector needed to be updated and revise to
achieve a more simple system with more legal certainty and VAT-neutrality.
Concerning the financial sector the application of VAT across the EU is inconsistent.
There is a need for revise and update the definition of VAT exempted services and trans-
action (art. 13(B)(d)).
When it comes to financial groups operating in more than one EU-country VAT very of-
ten prevent their opportunity to cooperate, integrate and centralize their functions – con-
cerning the financial sector there is a need for a more VAT neutral system. Any attempt
to achieve synergies and improve efficiency is blocked due to the cascading effect of
VAT.
The directive should be updated.
Transport
Council Regulation 11/98 of 11 December 1997 amending Regulation (EEC) No.684/92
on common rules for the international carriage of passengers by coach and bus
Simplification the procedure of submitting the applications to Member States.
Experiences from the practical work issuing authorizations for regular services have
shown that the procedure of submitting the applications to the Member States whose terri-
tories are crossed without passengers being picked up or set down is unnecessary and
time demanding. The proposed amendment will make the application procedure more
flexible and involve less Member States in the consulting procedure.
According Regulation 11/98 amending regulation 684/92 authorizations for regular ser-
vices shall be issued in agreement with the authorities of all Member States in whose ter-
ritories passengers are being picked up or set down. The authorities shall forward to such
authorities – as well as to the competent authorities of Member States whose territories
are crossed without passengers being picked up or set down – a copy of the application,
together with copies of any relevant documentation and its assessment. Denmark pro-
poses that the procedure is simplified so that
the member states whose territories are
crossed without passengers being picked up or set down
will not receive information
about the application and assessment of the authority. Since no passengers are being pick-
ing up or set down in these member states territories, we see no need for the member
Proposal for simplification
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states to be involved in the process at this stage. We find that it would be sufficient if the
member states whose territory is crossed without passengers being picked up or set down
are getting a copy of the authorization for their information only.
Transport
Council Regulation (EEC) no. 881/92 of 26
th
March 1992 on access to the market in the
carriage of goods by road within the Community to or from the territory of a Member
State or passing across the territory of one or mere Member States.
Weight limits.
Many road haulage operators established in Denmark are performing international road
haulage as well as national road haulage. From the authorities point of view it would be
easier if the weight limit were the same both for national and international road haulage.
Council Directive 98/76 of 1
st
October 1998 amended Directive 96/26 on admission to the
occupation of road haulage operator and road passenger transport operator etc., so that the
directive now applies for undertakings engaged in the occupation of road haulage opera-
tor by means of motor vehicles or combinations of vehicles with the maximum authorised
weight of 3,5 tonnes or more. According to Council Regulation 881/92 carriage of goods
in international transport within the Community is exempted from a community licence
when the carriage of goods are performed in motor vehicles were the permissible laden
weight, including that of trailers, does not exceed 6 tonnes or the permissible payload in-
cluding that of trailers, does not exceed 3,5 tonnes. It is suggested that Council Regula-
tion 881/92 is amended so that the weight limits are similar to the ones in national trans-
port of goods according to Council Directive 98/76.
Transport
Council Regulation 881/92of 26
th
March 1992 on access to the market in the carriage of
goods by road within the Community to or from the territory of a Member State or pass-
ing across the territory of one or mere Member States, Council Regulation (EEC) no.
684/92 of 16
th
March 1992 on common rules for the international carriage of passengers
by coach and bus (as amended in Regulation (EC) no. 11/98 of 11 December 1997)
Issuing permits/licences
When planning checks regarding undertakings and issuing permits/licences it would be
easier for the authorities if the validity period of the permits/licences are the same as well
as the requirements regarding checks.
It is proposed that the Council Regulation 881/92 and Council Regulation 684/94 (as
amended in Regulation 11/98) is amended so that the wording is the same as in Council
Directive 98/76 amending Council Directive 96/26 regarding the period in which a li-
cence is valid and when the requirements for obtaining a licence/permit shall be checked.
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