kom (2016) 0710 - Ingen titel

Europaudvalget 2016
KOM (2016) 0710
Offentligt

EUROPEAN

COMMISSION

Strasbourg, 25.10.2016

SWD(2016) 400 final

PART 2/2

COMMISSION STAFF WORKING DOCUMENT

Regulatory Fitness and Performance Programme

REFIT and the 10 Priorities of the Commission

Accompanying the document

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN

PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL

COMMITTEE AND THE COMMITTEE OF THE REGIONS

Commission Work Programme 2017

Delivering a Europe that protects, empowers and defends

{COM(2016) 710 final}

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ABLE OF

ONTENTS

INTRODUCTION

................................................................................................................. 4

PRIORITY 1: A NEW BOOST FOR JOBS, GROWTH AND INVESTMENT

......................... 5

Overview ..................................................................................................................... 5

Initiatives in the area of Agriculture and Rural Development .................................. 14

Initiatives in the area of Environment ....................................................................... 34

Initiatives in the area of Maritime Affairs and Fisheries .......................................... 80

PRIORITY 2: A CONNECTED DIGITAL SINGLE MARKET

.............................................. 91

Overview ................................................................................................................... 91

Initiatives in the area of Communications Networks, Content and Technology ...... 94

Initiatives in the area of Taxation and Customs Union ........................................... 114

PRIORITY 3: A RESILIENT ENERGY UNION WITH A FORWARD-LOOKING

CLIMATE CHANGE POLICY

................................................................................... 118

Overview ................................................................................................................. 118

Initiatives in the area of Climate action .................................................................. 124

Initiatives in the area of Energy .............................................................................. 144

Initiatives in the area of Taxation and Customs Union ........................................... 162

Initiatives in the area of Transport .......................................................................... 163

PRIORITY 4: A DEEPER AND FAIRER INTERNAL MARKET WITH A

STRENGTHENED INDUSTRIAL BASE

.................................................................. 173

Overview ................................................................................................................. 173

Initiatives in the area of Competition ...................................................................... 188

Initiatives in the area of Financial Stability, Financial Services and Capital

Markets Union ............................................................................................... 198

Initiatives in the area of Health and Food Safety .................................................... 218

Initiatives in the area of Internal Market, Industry, Entrepreneurship and SMEs .. 247

Initiatives in the area of Transport .......................................................................... 296

Initiatives in the area of Taxation and Customs ...................................................... 324

PRIORITY 5: A DEEPER AND FAIRER ECONOMIC AND MONETARY UNION

........... 345

Overview ................................................................................................................. 345

Initiatives in the area of Employment, Social Affairs and Inclusion ...................... 349

Initiatives in the area of Statistics ........................................................................... 373

PRIORITY 6: A REASONABLE AND BALANCED FREE TRADE AGREEMENT WITH

THE U.S.

.................................................................................................................. 382

Overview ................................................................................................................. 382

Initiatives in the area of Trade Policy ..................................................................... 383

PRIORITY 7: UPHOLDING THE RULE OF LAW AND LINKING UP EUROPE’S

JUSTICE SYSTEMS

.................................................................................................. 395

Overview ................................................................................................................. 395

Initiatives in the area of Justice, Consumers and Gender Equality ......................... 399

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Initiatives in the area of Communications Networks, Content and Technology .... 437

PRIORITY 8: TOWARDS A NEW POLICY ON MIGRATION

.......................................... 440

Overview ................................................................................................................. 440

Initiatives in the area of Migration and Home Affairs ............................................ 442

PRIORITY 10: A UNION OF DEMOCRATIC CHANGE

................................................... 465

Overview ................................................................................................................. 465

Initiatives in the area of Environment ..................................................................... 466

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REFIT Scoreboard

Introduction

The REFIT Scoreboard shows the current state of play in the implementation of 231 initiatives for

simplification and burden reduction taken by the Commission in its Regulatory Fitness and

Performance Programme (REFIT).

REFIT aims to make sure that EU law remains fit for purpose and delivers the results intended by

policy makers in the most efficient and effective way. It targets removing red tape and lowering costs

without compromising policy objectives and EU high standards. REFIT is about regulating better,

making EU legislation fit for purpose, simpler and less costly, aiming to ensure a clear, stable and

predictable regulatory framework supporting the delivery of our common goals and allowing

businesses and our citizens more freedom to pursue their goals.

REFIT initiatives have been taken in nine Commission priority areas covering the whole policy cycle

including: evaluations of the performance of EU regulation, Commission proposals for EU legislation,

adopted EU legislation and feedback on implementation and results achieved on the ground by

Member States and stakeholders. Estimates on regulatory costs and benefits are included wherever

this information is available and input by the REFIT Platform is indicated.

Within each policy area, the scoreboard provides a timeline and groups related initiatives by policy

area or subject. Each entry includes a summary and information on the state of play at each step of

the policy cycle and provides a general indication of progress towards meeting Better Regulation

aims.

For a summary of the key elements of the Scoreboard please refer to SWD (2016) 400 final, part 1. In

the course of 2017, the Commission is planning to set up a web-based version of the Scoreboard on

its Better Regulation Portal. This will improve user-friendliness and allow for more regular updates.

Feedback on the REFIT Scoreboard and on any initiative included in it is welcome at the following

website:

Lighten the Load – Have your Say

Information on results of ongoing evaluation is always to be considered as preliminary. Information on the

objectives, possible scope and content on Commission initiatives not yet adopted is to be considered as

indicative only and subject to change during the preparatory process, notably resulting from impact

assessment.

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Priority 1: A New Boost for Jobs, Growth and Investment

Overview

Overview of REFIT Initiatives in the area of Agriculture

Evaluation

Commission Proposal

Legal Act

Implementation

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Simplification of CMO and

modernization of the CAP

Commission proposal

Several Regulations in the

pipeline for 2016 and 2017

Legal act

18 Regulations (9 Delegated

and 9 Implementing) already

adopted

Adjustment of DA/IA

(Expected Q4 2016)

Possible adjustment of IA

(2017)

Greening

Evaluation

1) Review after first year of

implementation (finalized

2016)

2) Evaluation

(expected Q4 2017)

Organic Farming

Commission Proposal

24 March 2014

Legal Act

pending in legislative

procedure6

Legal act

New legal framework

applicable as from

01/07/2014

Implementation

•

Application on 01/01/2014

and 01/06/2014

State aid rules in agriculture

Evaluation

planned for 2017

Egg labelling (ABRPlus)

Commission proposal

1 July 2007

Legal Act

22 October 2007

Implementation

Applies with effect from 1

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July 2007

POSEI programme

Evaluation

Ongoing and expected to be

finalised Q4 2016

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Overview of REFIT Initiatives in the area of Environment

Evaluation

Commission Proposal

Legal Act

Implementation

EU Nature Legislation

Fitness Check

(ongoing)

Drinking Water Directive

Evaluation

(expected Q4 2016)

Commission proposal

planned in 2017

REACH

Evaluation (expected Q2

2017)

Evaluation

(ongoing)

Implementation Report

(expected Q1 2017)

Follow-Up evaluation

European Pollutant release

and Transfer register

(EPRTR)

Strategic Environmental

Assessment

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(planned to start in 2017)

Waste Policy

Fitness Check 2014

Circular Economy Proposal

2 December 2015

Waste Electrical and

Electronic Equipment

(WEEE)

Commission Proposal

(Adopted 3 December 2008)

Circular Economy Legal Acts

(pending)

Legal Act

(Adopted 4 July 2013)

Implementation

Application on 14 February

2014

Transposition Deadline 14

February 2014

Shipments of Waste

Commission Proposal

11 July 2013

Legal Act

15 May 2014

Implementation

Application on 1 January

2016

Export for recovery of non-

hazardous waste

(TRADE)

Environmental Impact

Assessment (EIA)

Evaluation

planned in 2018

Legal act

Adopted on 24 June 2014

Implementation

Application on 18th July

2014

Implementation

•

Application on 16 May 2017

Transposition Deadline 16

Commission Proposal

adopted 2012

Legal Act adopted 2014

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May 2017

EMAS and EU Eco Label

Fitness Check

(ongoing)

Environmental Liability

Evaluation

(completed in 2016)

Infrastructure for Spatial

Information (INSPIRE)

Noise

Evaluation

(completed in 2016)

Evaluation

(ongoing)

Volatile organic compound

emissions - Stage I and Stage

II - Petrol Vapour Recovery

(VOCs)

Evaluation VOCI

(Ongoing)

Evaluation VOCII

(Ongoing)

Protection of Animals used

for Scientific Purposes

Wild animals in Zoos

Review Report

(expected Q4 2017)

Evaluation

Commission Follow-Up

Follow-Up

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(expected Q4 2017)

Flood Risks

Evaluation

Planned in 2018

Bathing Water

Evaluation

(expected 2019)

Marine Environment Policy

Evaluation

Planned in 2019

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Overview of REFIT Initiatives in the area of Maritime Affairs and Fisheries

Evaluation

Commission Proposal

Legal Act

Implementation

Reform of the Common

Fisheries Policy

Commission proposal

13 July 2011

Legal Act

11 December 2013

Implementation

Applies with effect from 1

January 2014

Implementation

Applies with effect from 1

January 2014

Common market

organisation in fishery and

aquaculture

Technical Measures for the

Protection of Marine

Organisms

Fishing authorisation

Commission proposal

13 July 2011

Legal Act

11 December 2013

Commission proposal

11 March 2016

Commission proposal

10 December 2015

Fisheries Control Regulation

Evaluation

ongoing and planned to be

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finalised Q4 2016

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Initiatives in the area of Agriculture and Rural Development

Simplification of Common Market Organisation and Modernisation of the

CAP

Overall State of Play:

Summary



Under

implementation

Within the simplification exercise of the Common Market

Organisation, the Commisison reviews current regulations with the

aim to simplify and reduce administrative burdens and increase the

coherence between different sectors aligning them at the same time

with Lisbon Treaty empowerments laid down in the new CMO

Regulation. (Reg. 1308/2013).

The initiative will rationalise the Commission-level regulations

linked to the Regulation on a Common Organisation of the Markets

in agricultural products (CMO Regulation) by reducing more than

200 existing Commission Regulations into 40 implementing and

delegated acts.

Summary:

In addition, the Commission will take forward work and

consult widely on simplification and modernisation of the

Common Agricultural Policy to maximise its contribution to

the Commission's ten priorities and to the Sustainable

Development Goals. This will focus on specific policy

priorities for the future, taking account of the opinion of the

REFIT Platform, and without prejudice to the Commisson

proposal to revise the Multiannual Financial Framework.

Input of the REFIT Platform:

On the Common Agricultural Policy, the REFIT Platform issued

three opinions on the efficiency of the CAP, cross compliance and

overlaps between Pillars I and II. The REFIT Platform Stakeholder

group recommended to carry out a more strategic review of the CAP

with a view to ensuring the effectiveness and efficiency of the CAP,

while the Government group objected to such a review and, instead

recommended to follow the existing evaluation planning established

by Regulation 1306/2013. The Commission will be consulting the

public throughout 2017 on the simplification and modernisation of

the Common Agricultural Policy (CAP) to maximize its contribution

to the Commission's ten priorities and to the Sustainable

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Development Goals. This will focus on specific policy priorities for

the future, taking account of the opinions of the Refit Platform.

Estimated savings and

benefits

Savings and benefits of the CMO Simplification could not be

quantified given data limitations. A qualitative analysis suggests:



Higher economic efficiency of the EU regulatory

framework

Cuts in administrative burden for 1) economic actors 2)

Member State adminsitrations 3) Commission services,

through the replacement of more than 200 Commission

regulations by 40 delegated and implementing

regulations

This assessment assumes that it is possible to have a single delegated and implementing regulation for each

major heading of the CMO, including 15 Commission Regulations on marketing standards. The work on the

latter is currently on hold awaiting evaluation

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State of Play:



18 Regulations (9

Delegated and 9

Implementing)

have already been

adopted. Another

12 are in the

pipeline for 2016

and further 6 for

2017

Legal acts

All Commission-level regulations linked to the Regulation on a

Common Organisation of the Markets in agricultural products

(CMO Regulation)

Adopted Regulations:

Olive oil aid: Delegated Regulation (EU) No 611/2014 (11 March

2014)

Implementing Regulation (EU) No 615/2014 (6 June 2014)

Vine plantings: Delegated Regulation (EU) 2015/560 (15 December

2014)

Implementing Regulation (EU) 2015/561 (7 April 2015)

Apiculture: Delegated Regulation (EU) 2015/1366 (11 May 2015)

Implementing Regulation (EU) 2015/1368 (6 August 2015)

Producer cooperation: Delegated Regulation (EU) 2016/232 (15

December 2015)

Wine programmes: Delegated Regulation (EU) 2016/1149(15 April

2016)

Implementing Regulation (EU) 2016/1150 (15 April 2016)

Sugar: Delegated Regulation (EU) 2016/1166 (17 May 2016)

Trade mechanisms – licences: Delegated Regulation (EU)

2016/1237 (18 May 2016)

Implementing Regulation (EU) 2016/1239 (18 May 2016)

Public intervention/Private Storage: Delegated Regulation (EU)

2016/1238 (18 May 2016)

Implementing Regulation (EU) 2016/1240 (18 May 2016)

Regulations on the pipeline:

Member States' notifications (ISAMM): CIS completed January

2016. Implementing regulation currently subject to further review

and discussion with MS and SJ. Adoption planned Q4.

Fruit and vegetables: Discussion of draft DA/IA with MS nearly

concluded, but internal Commission discussions continuing.

Adoption anticipated by end Q4.

Trade mechanisms – TRQs: Discussions of draft DA/IA started with

MS. Adoption planned Q4.

Carcass classification: Discussion of draft DA/IA with MS nearly

concluded. Adoption planned Q4.

Trade mechanisms – residual issues: Discussion of a first issues

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paper with MS June 2016.

School schemes: CIS to be launched shortly. Adoption planned Q4.

Alignment/simplification of Commission implementing regulation on

wine registers

Alignment/simplification of Commission implementing regulation on

wine quality terms

Possible alignment/simplification of marketing standards

Which REFIT

objective(s) does the

Commission pursue?

Which other objective(s)

does the Commission

pursue?

Estimated savings and

benefits

Simplification and Burden Reduction.

Reduction of error rate, and improved coherence/consistency.

Due to the limited availability of data, the savings could not be

quantified. The analysis is mainly qualitative: important reductions

are expected in administrative burdens for 1) economic actors 2)

Member States' administrations 3) Commission services.

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Greening / Environmental Focus Areas

Overall State of Play



Review after one

year of

application

completed

Adjustment of

secondary

legislation

ongoing

Evaluation of

basic act

planned for Q4

2016 (by end

2017)

Possible revision

of main legal act

in 2018

The initiatives in this area should provide a full overview on how

this new policy instrument is performing, identify main obstacles to

its implementation and come forward with concrete suggestions for

simplification leading to reduced administrative costs.

The first step was a review carried out in the first half of 2016

assessing how the greening system was applied in its first year. The

results of this review were fed into the ongoing process of adjusting

the underlying secondary legislation, which is to be finalised by the

end of 2016. A Commission report on implementation of EFA is

scheduled in 1Q 2017. The Commission is also launching a full-

fledged evaluation of the performance of the full set of greening

provisions, which is to be completed by end 2017. The results of this

evaluation will be used to inform discussion on the post-2020 CAP.

Input of the REFIT Platform:

The two REFIT Platform opinions on

Cross-compliance rules

and

overlaps between Pillars I and II in the CAP

include

recommendations from some members of the Stakeholder group that

the Commission examines the system of controls applying to Pillar

II, introduces "soft measures" (simplification of requirements placed

on farmers within the existing framework), possibly leading to the

revision of the legislation in the context of a broader CAP review.

Summary



Summary:

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There was also support from some Stakeholder group members that

the Commission examines the possibility to introduce a "more

targeted, risk-based and proportionate controls regime" under Pillar

II. Some members of the Government group supported urgent

review of Pillars I and II with a view to simplification, while others

considered it too early to undertake this work that would require

modification of the basic acts.

The Commission will pay particular attention to these

recommendations in the forthcoming evaluation on greening and

ensure that there is a primary focus on the direct payments greening

component.

The overall scope of the evaluation is the full set of green direct

payments.

Estimated savings and

benefits

The Commission will analyse these aspects in future studies on the

administrative burden and the costs of managing the Common

Agricultural Policy to be launched in 2017. The findings of these

studies are to be published before the end of 2018. The efficiency of

the greening measures will also be assessed as part of the

forthcoming evaluation on greening planned to start in Q4 2016.

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State of Play:



Release of

SWD(2016) 218

Ongoing work on

delegated and

implementing

regulations

Review after one year of application (SWD)

Scope

Evaluation Findings

The review aimed at assessing the experience after one year of

implementation of greening and identifying possible areas for

regulatory adjustment at the level of the relevant secondary

legislation (Commission Delegated Regulation (EU) No 639/2014,

Commission Implementing Regulation (EU) No 641/2014).

The review identified issues for simplification in the underlying

secondary legislation (delegated and implementing acts). These fall

into the following categories:

better specification or clarification of what is required from

farmers and national administrations;

eliminating some burdensome technical requirements (making

sure that this does not lead to lowering of environmental

benefits);

providing more flexibility or alternative options where this

increases the environmental and climate benefits of greening;

and

further harmonisation of some requirements and conditions.

Estimated savings and

benefits

The quantitative assessment of benefits is not possible at such an

early stage of greening implementation. After only one year of

implementation, sufficient hard data on the costs and burdens

associated with the new greening measures is still not available (as

explained in the ‘Review of greening after one year’ (SWD (2016)

218).

The Commission will analyse these aspects in future studies on the

administrative burden and the costs of manage the CAP to be

launched in 2017. The findings of these studies are to be published

before the end of 2018. The efficiency of the greening measures will

also be assessed as part of the forthcoming evaluation on greening

planned to start in Q4 2016.

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State of Play:

The adjustment of DA/IA

is ongoing and is to be

completed by Q4 2016.

Scope:

Commission Delegated / Implementing Acts

The review of the first year of implementation of greening identified

a number of issues requiring simplification at the level of the

relevant secondary legislation. They relate mainly to the need to

facilitate procedures for farmers and national administrations with a

view to increasing the take up of greening and ensuring its

effectiveness and efficiency in meeting its environmental objectives.

The main policy objective is to facilitate the implementation of

greening for farmers and public administrations in view of

increasing its take up. For this purpose, it is necessary to clarify

some provisions and to simplify the administrative management,

without jeopardising the CAP environmental policy objectives and

sound financial management.

The final purpose is to ensure effectiveness and efficiency of the

scheme as regards its environmental objectives and facilitate its

implementation by farmers and/or national administrations as

simpler rules normally reduce the risk of non-compliance.

Quantitative assessment of costs and benefits is not possible at this

stage. After only one year of implementation, sufficient hard data on

the costs and burdens associated with the new greening measures is

still not available (as explained in the ‘Review of greening after one

year’ (SWD (2016) 218).

The Commission will analyse these aspects, including the benefits

and costs of the adjustments to the Delegated and Implementing

Acts, in future studies on the administrative burden and the costs of

management of the CAP to be launched in 2017.

The efficiency of the greening measures will also be assessed as part

of the forthcoming evaluation on greening planned to start in Q4

2016.

Which REFIT

objective(s) does the

Commission pursue?

Which other objective(s)

does the Commission

pursue?

Estimated savings and

benefits

State of Play:

Planned start Q4 2016

Completion Q4 2017

Evaluation

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Scope:

The focus of the evaluation is on the full set of green direct

payments.

The purpose of this evaluation is to evaluate the impacts of the green

direct payment scheme as implemented by Member States. The

evaluation will give a full overview on how this new policy

instrument is performing against its objectives and should provide a

solid evidence basis for considering possible policy changes in the

greening domain.

Evaluation findings:

Estimated savings and

benefits

Expected for Q4 2017

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Organic farming

Overall State of

Play



Summary



Proposal in

March 2014

Pending in

legislative

procedure-

Legal Act

expected early

2017

no challenge to

REFIT

objectives in

legislative

procedure

The initiative aims at modernising and harmonising the internal

rules for organic production, the elimination of exceptions and

flexibilities. It also aims at improving consumer confidence in

organics by adopting provisions for the exclusion of contaminated

products and aligning controls with the official controls framework.

It creates a level playing field for imported goods. It also simplifies

and clarifies the organic farming rules.

The Commission proposal foresees elimination of 37 of the current

135 information obligations by operators.

Due to the absence of data, the potential savings for operators could

not be quantified.

The initiative will increase the competitiveness of EU operators by

harmonising the rules and eliminating current flexibilities on

imports. It will also reduce certification costs for operators, by

application of the risk analysis criteria, introduction of group

certification and fee transparency.

Summary:

Estimated savings and

benefits

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State of Play:



Proposal from the

Commission of 24

March 2014 –

COM(2014) 180

Commission Proposal

Commission proposal to revise:

•

Council Regulation (EC) No 834/2007 of 28 June 2007 on

production and labelling of organic products and repealing

Regulation (EEC) No 2092/91;

•

Commission Regulation (EC) No 889/2008 of 5 September

2008 laying down detailed rules for the implementation of Council

Regulation (EC) No 834/2007 on organic production and labelling

of organic products with regard to organic production, labelling

and control

•

Commission Regulation (EC) No 1235/2008 of 8 December

2008 laying down detailed rules for implementation of Council

Regulation (EC) No 834/2007 as regards the arrangements for

imports of organic products from third countries

Which REFIT

objective(s) does the

Commission pursue?

The proposal includes the following simplification benefits:



Improvements to the overall quality of the legislation including

clarifications and the filling of legislative gaps, improved

accessibility as the specific organic production rules are gathered

in one Annex of the Regulation;



production rules: removal of ineffective provisions and

simplification of procedures for operators and national

administrations, improved harmonisation by limiting exceptions,

reinforcement of a risk-based approach on controls;



imports: simplification through a compliance regime for control

bodies;



small farmers: significant simplification through group

certification allowing for more proportionate inspection and

record-keeping requirements;

Which other objective(s)

does the Commission

pursue?

Review and simplification of the legal framework for organic

farming.

Specifically, the proposal intends to:



remove obstacles to the sustainable development of organic

production in the EU,



guarantee fair competition for farmers and operators and improve

the functioning of the internal market,



achieve a level playing field inside the Union and with respect to

imported products,

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

maintain or improve consumer confidence in organic products,



stimulate the growth of the organic market and of the number of

corresponding jobs.

Estimated savings and

benefits

Due to the limited availability of data, the savings could not be

quantified.

State of Play:



pending in

legislative

procedure

Legal Act

Debate in Legislative

Procedure

Outcome of Legislative

Procedure

Estimated savings and

benefits

Inter-institutional discussions have not led to questioning the

simplification objectives pursued by the Commission.

Information not yet available.

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State aid rules in agriculture

Overall State of Play

Summary



Legal act

adopted in 2013

Application in

2014

Evaluation

planned for 2017

The updated State aid rules applicable to the agricultural and

forestry sectors and in rural areas in the period 2014 – 2020 are

better adapted to the objective of achieving growth in the rural

economy and improved business and living conditions in rural areas.

The inclusion of further categories of aid in the scope of the

agricultural block exemption regulation have led to simpler and

speedier State aid clearance procedures. The increased ceilings for

de minimis aid also means that Member States now have larger

possibilites of granting aid without prior notification to the

Commission. De minimis aid is perceived as being a useful tool to

react quickly to urgent problems with less administrative costs, in

particular as regards aid to SMEs.

Summary:

Estimated savings and

benefits

Due to the limited availability of data, the savings in terms of

reduction of Member States administrative costs could not be fully

quantified. However, it should be noted that:

–

85 % of the State aid cases are dealt with as exemptions under

the block exemption regulation, since its adoption in 2014,

compared to 70 % under the previous regulation.

The increase of the de minimis ceilings by 100 % means a

significant reduction of Member States' administrative costs, but

there are no figures available to measure this aspect.

–

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State of Play:



'De Minimis'

Regulation:

Adoption by the

Commission on

18 December

2013

Regulation (EU)

No 1408/2013.

Legal act

'De Minimis' Regulation:

•

Commission Regulation (EU) No 1408/2013 of 18

December 2013 on the application of Articles 107 and 108 of the

Treaty on the Functioning of the European Union to de minimis aid

in the agriculture sector. This Regulation is replacing Commission

Regulation (EC) n° 1537/2007.

State Aid Guidelines:

•

European Union Guidelines for State aid in the agriculture

and forestry sector and in rural areas 2014-2020 (2014/C 204/01)

Regulation on block-exemptions:

•

Commission Regulation (EU) No 702/2014 of 25 June 2014

declaring certain categories of aid in the agricultural and forestry

sectors and in rural areas compatible with the internal market in

application of Articles 107 and 108 of the Treaty on the Functioning

of the European Union (OJ L 193, 1.7.2014, p. 1).



Outcome of Legislative

Procedure

The legal framework for State aid in the agricultural and forestry

sectors and in rural areas became fully applicable on 1 July 2014.

The extended scope of the agricultural block exemption regulation

has contributed to speedier State aid clearance procedures. That

regulation and the new de minimis rules make is easier for Member

States to grant aid without prior notification to the Commission.

The increase of the de minimis ceilings by 100 % means a

significant reduction of Member States' administrative costs, but due

to the absence of data, the savings could not be quantified.

Estimated savings and

benefits

State of Play:



Application on

01/01/2014 and

01/06/2014

Evaluation

Planned for 2017

Implementation

'De Minimis' Regulation: applicable since 1 January 2014

State Aid Guidelines and Regulation on block-exemptions:

applicable since 1 July 2014

Member States' fulfilment of transparency requirements has been

facilitated by way of a new IT tool set up at Commission level.

Information provided by Member States on their national aid

schemes is available on the State aid Transparency public search

page:

https://webgate.ec.europa.eu/competition/transparency/public/search

/home/

The annual State aid scoreboard provides data on Member States'

Implementation reported

by MemberStates

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expenditure

under

authorised

aid

schemes:

http://ec.europa.eu/competition/state_aid/scoreboard/index_en.html

Estimated savings and

benefits

85 % of the State aid cases are dealt with as exemptions under the

block exemption regulation, since its adoption in 2014, compared to

70 % under the previous regulation.

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Egg labelling (ABRPlus)

Overall State of Play

Summary



Simplification

entered into

force on 1 July

2007

Cost reductions

reported

between 9% and

63%

The EU marketing standards for eggs adopted in 2007 provided

more legal clarity and flexibility to large and small egg operators. In

particular, small egg producers can be exempted from having to

mark their producer code on their eggs when they are sold directly to

consumers.

The main savings resulted from allowing better business

organisation and more proportionate investments for small and large

egg operators. Total savings have been estimated at arournd EUR

600 million.

Summary:

Estimated savings and

benefits

kom (2016) 0710 - Ingen titel

State of Play:



Adopted on 1 July

2007

COM(2011)626

Commission Proposal

Which REFIT

objective(s) did the

Commission pursue?

Which other objective(s)

did the Commission

pursue?

The main objective was to reduce the administrative burden for egg

producers and packers.



Member States can exempt small egg producers from the

requirement to mark eggs with the producer code, when the eggs

are sold directly to the consumer on a local market;



Introduction of a single 10-day-limit for collecting, grading,

marking, packing of eggs and marking of packs, in order to allow

producers and packing stations to better organise their daily work

by planning the collection, grading marking and packing of eggs

in a more rational way;



Introduction of less rigid requirements for equipment for packing

stations and increased flexibility for operators for record keeping,

in order to facilitate the organisation of business activities.

Estimated savings and

benefits

The estimated total cost savings at the time of the Commission

proposal were EUR 1,29 billion. Taking into account the

"business as usual factor", which was considered to be 53 %, the

total administrative burden reduction was estimated at around to

EUR 600 million.

State of Play:



Adopted by the

Legislator on 22

October 2007

Legal act

Regulation (EU) No 1308/2013 of the European Parliament and of

the Council of 17 December 2013 establishing a common

organisation of the markets in agricultural products and repealing

Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No

1037/2001 and (EC) No 1234/2007

This Regulation replaced Council Regulation (EC) No. 1234/2007

of 22 October 2007 establishing a common organisation of

agricultural markets and on specific provisions for certain

agricultural products (Single CMO Regulation)

Commission Regulation (EC) No 589/2008 of 23 June 2008 laying

down detailed rules for implementing Council Regulation (EC) No

1234/2007 as regards marketing standards for eggs

kom (2016) 0710 - Ingen titel

Outcome of Legislative

Procedure

There were no major changes regarding the marketing standards of

eggs in the legal act of 2013 compared to the legal act in 2007. The

benefits were retained.

Given that no major changes took place, the estimated savings were

did not change.

Estimated savings and

benefits

State of Play:



Application date 1

July 2007

Implementation

Implementation reported

by MemberStates

Regulation (EC) No 1234/2007 (and Regulation (EU) No

1308/2013 which replaced it) introduced simplification options for

Member States to exempt producers with less than 50 laying hens

from labelling requirement.



11 Member States fully implemented both exemptions. (BG,

CZ, EE, IE, IT, CY, LT, PT, SL, SE, UK). A further 5

Member States said that they fully implemented the measure,

though it is unclear if they implemented both (EL, ES, HU,

NL, SK).

6 Member States partially implemented the measure, which

means only one of the exemption requirements (DK, DE, LV,

MT, AT, FI).



Estimated savings and

benefits

In 5 Member States that fully implemented the requirments cost

reductions were estimated to range between 9% and 63% (CZ, LV,

SI, SE, UK), while the initial estimation by the Commission

predicted savings of administrative burden of around 44%.

kom (2016) 0710 - Ingen titel

POSEI programme

Overall State of Play

Summary



Evaluation

expected to

conclude Q4

2016

An evaluation of the POSEI programme is ongoing, in order to

provide an overall assessment of the impacts of the specific

agricultural measures carried out for the outermost regions (POSEI

programmes) and smaller Aegean Islands (PIME programme).

Expected Q4 2016

Summary:

Estimated savings and

benefits

kom (2016) 0710 - Ingen titel

State of Play:

Ongoing.

Planned to be finalised

Q4 2016.

Scope:

Evaluation

Evaluation of the POSEI programmes, covering the entry into force

of Regulation (EU) No 247/2006 until at least 2014 for the

Outermost Regions: the Canary islands (Spain), the Azores and

Madeira (Portugal) and the French overseas departments

(Guadeloupe, French Guiana, Réunion, Martinique and Mayotte).

It also takes into account the implementation of the Rural

Development Programmes for these areas as well as the relevant

elements of the direct payments and single CMO regulation and

other EU and national legislation having an impact on the

performance of the POSEI programmes.

Given the similarities in objectives and measures, the evaluation also

covers the measures introduced by Regulations (EU) No 1405/2006

and (EU) No 229/2013 for the smaller Aegean islands, until at least

2014.

Evaluation findings:

Estimated savings and

benefits

Expected Q4 2016

kom (2016) 0710 - Ingen titel

Initiatives in the area of Environment

Natura 2000 / EU Nature Legislation

Overall state of play

ongoing

Fitness Check due for

Completion Q4/2016

Follow-Up not yet

determined

Summary:

The Commission carries out a Fitness Check of EU Nature

Legislation.

To be updated when the SWD is finalised

Summary

Estimated savings and

benefits

kom (2016) 0710 - Ingen titel

State of Play:

Ongoing - Expected to be

finalised in Q4 2016

Fitness Check

Scope:

Fitness Check of:



Council Directive 2009/147/EEC on Birds

Council Directive 92/43/EEC of 21 May 1992 on the

conservation of natural habitats and of wild fauna and

flora

Evaluation findings:

Results of the Fitness Check are expected in Q4 2016. Natura 2000

Fitness Check Website:

http://ec.europa.eu/environment/nature/legislation/fitness_check/ind

ex_en.htm

Estimated savings and

benefits

To be updated when the SWD is finalised

kom (2016) 0710 - Ingen titel

Drinking Water Directive

Overall State of Play

Evaluation expected to

complete Q4 2016

Proposal planned for

2017

Summary:

The Commission is evaluating Directive 98/83/EC on the quality of

water intended for human consumption. The result of this evaluation

should be available during the fourth quarter of 2016. A legislative

proposal is planned for 2017.

Expected Q4 2016

Summary

Estimated savings and

benefits

kom (2016) 0710 - Ingen titel

State of Play:

Expected to be finalised

in Q4 2016

Scope:

Evaluation

Evaluation of Directive 98/83/EC on the quality of water intended

for human consumption

This evaluation follows on from the European Citizens Initiative on

the "Right to Water". A study has been contracted to provide

support.

Evaluation findings:

Estimated savings and

benefits

Information not yet available.

State of Play:

Commission Proposal



Planned for

2017 (CWP

2017)

Revision of the Drinking Water Directive.

Which REFIT

objective(s) will the

Commission pursue?

Which purpose will the

Commission pursue?

Estimated savings

Information not yet available.

kom (2016) 0710 - Ingen titel

REACH

Overall state of play:

Implementing adopted in

2016

Evaluation to be finalised

Q2 2017

Common Understanding

Document on

REACH/OSH planned for

2017

Summary

The Commission adopted an implementing Regulation in 2016, and

evaluation of REACH is ongoing and expected to be completed by

mid-2017.

Input of the REFIT Platform:

The REFIT Platform opinion

on the interface between REACH

and occupational health and safety

recommends that the

Commission should raise awareness and issue guidance on the

implementation of legislation in this legislation. In response, the

Commission will issue a Common Understanding explaining the

interface between REACH and OSH legislation. In addition, several

evaluations in this area will conclude during 2017 and assess any

need for further action.

Estimated savings and

benefits

Information not yet available.

kom (2016) 0710 - Ingen titel

State of Play:

Commission Proposal



Adopted by the

Commission on 5

Jan 2016

Commission

implementing

regulation (EU)

2016/9

Improving the implementation of REACH.

The regulation sets rules to make sure that the data-sharing

agreements in substance information exchange forums (SIEFs) are

clear and comprehensive. Potential registrants joining a SIEF are

given the right to request a breakdown of the study and

administrative costs that make up the price for the joint registration.

Improving the implementation of REACH

Which REFIT objectives

did the Commission

pursue?

Which other objectives

did the Commission

pursue?

Estimated savings and

benefits

Due to the limited availability of data, the savings could not be

quantified.

State of Play:

On going, planned to be

finalised by mid 2017

Scope:

Evaluation findings:

Estimated savings and

benefits

Evaluation

Evaluation of the REACH Regulation 1907/2006/EC

Information not yet available.

kom (2016) 0710 - Ingen titel

European Pollutant release and Transfer register (EPRTR)

Overall state of play

Evaluation expected to

complete Q2 2017

Summary:

The Commission is evaluating Regulation 166/2006/EC concerning

the establishment of a European Pollutant Release and Transfer

Council and the European parliament on the implementation of the

E-PRTR that is planned for 2017.

Information not yet available.

Summary

Estimated savings and

benefits

kom (2016) 0710 - Ingen titel

State of Play:

Ongoing - Expected to be

finalised in Q2 2017

Scope:

Evaluation

Evaluation of Regulation 166/2006/EC concerning the establishment

of a European Pollutant Release and Transfer Register

Information not yet available.

Evaluation findings:

Estimated savings and

benefits

kom (2016) 0710 - Ingen titel

Strategic Environmental Assessment

Overall State of Play

Implementation Report

Expected for Q1-2017

Follow-Up Evaluation

Planned for 2017 -18

Summary:

The Commission is carrying out an implementation report to assess

the application and effectiveness of Directive 2001/42/EC on the

assessment of the effects of certain plans and programmes on the

environment. The implementation report will also assess the

potential for simplification.

Information not yet available.

Summary

Estimated savings and

benefits

kom (2016) 0710 - Ingen titel

State of Play:

Expected to be finalised

in Q1 2017

Scope:

Implementation Report

Implementation report on the application and effectiveness of

Directive 2001/42/EC on the assessment of the effects of certain

plans and programmes on the environment (SEA Directive)

The second implementation report will evaluate the application and

effectiveness of the Directive across the EU Member States.

Evaluation findings:

Estimated savings and

benefits

Expected in Q1 2017

Expected in Q1 2017.

kom (2016) 0710 - Ingen titel

Waste Policy

Overall State of Play

Fitness Check 2014

Circular Economy

Package adopted in 2015

Legal Acts: adoption

pending

Summary:

A comprehensive FitnessCheck of the acquis in this area in 2014

confirmed that legislation is effective in achieving the environmental

and resource efficiency objectives for which they were designed.

In 2015, the Commission adopted an ambitious Circular Economy

Package, which included revised legislative proposals on waste, to

boost competitiveness, foster sustainable economic growth and

generate new jobs.

The revised legislative proposals on waste set clear targets for

increasing recycling and reducing landfilling of waste and

establishes an ambitious and credible long-term path for waste

management and recycling to stimulate Europe's transition towards a

circular economy.

Other benefits include:

Contributing to the EU's efforts to develop a sustainable, low

carbon, resource efficient and competitive economy by maintaining

the value of products, materials and resources in the economy for as

long as possible, and minimising waste.

Protecting businesses against scarcity of resources and volatile

prices, helping to create new business opportunities and innovative,

more efficient ways of producing and consuming.

Creating local jobs at all skills levels and opportunities for social

integration and cohesion.

Saving energy and avoiding negative impacts on climate,

biodiversity, air, soil and water.

Estimated savings and

benefits

As an indication of the potential benefits, it has been estimated that

waste prevention, ecodesign, re-use and similar measures could

bring net savings of €600 billion, or 8% of annual turnover, for

businesses in the EU, while reducing total annual greenhouse gas

emissions by 2-4 %. In the sectors of re-use, re-manufacturing and

repair, for example, the cost of remanufacturing mobile phones

Summary

kom (2016) 0710 - Ingen titel

could be halved if it were easier to take them apart. If 95% of mobile

phones were collected, this could generate savings on manufacturing

material costs of more than €1 billion. A shift from recycling to

refurbishing light commercial vehicles, where collection rates are

already high, could save material inputs by €6.4 billion per year

(about 15% of material budget)and €140 million in energy costs and

reduce GHG emissions by 6.3 million tonnes.

kom (2016) 0710 - Ingen titel

State of Play:

Finalised in 2014 -

SWD(2014) 209

Scope:

Fitness Check

Fitness check of Five Waste Stream Directives accompanying the

document Proposal for a Directive of the European Parliament and

of the Council reviewing the targets in Directives 2008/98/EC on

waste, 94/62/EC on packaging and packaging waste, and

1999/31/EC on the landfill of waste, amending Directives

2000/53/EC on end-of-life vehicles, 2006/66/EC on batteries and

accumulators and waste batteries and accumulators, and 2012/19/EC

on waste electrical and electronic equipment.

The Fitness Check concluded that all five Waste Stream Directives

screened have proven to be effective instruments of European waste

policy. All the directives assessed have been effective at various

degrees in achieving the environmental and resource efficiency

objectives for which they were designed.

A comprehensive assessement of costs and benefits was undertaken

as part of the waste policy and targets review under the Circular

Economy package, including through modelling.

Evaluation findings:

Estimated savings and

benefits

State of Play:

Commission Proposal



Adopted by the

Commission on2

December 2015

Adoption by the

legislator:

pending

Savings: 25-30

billion (2015-

2035)

Administrative burden reduction and simplification of reporting

requirements.

Which REFIT

objective(s) did the

Commission pursue?

Which purpose did the

Commission pursue?

The

revised legislative proposals on waste

set clear targets for

reduction of waste and established an ambitious and credible long-

term path for waste management and recycling. Key elements of the

revised waste proposal include:

kom (2016) 0710 - Ingen titel

A common EU target for recycling 65% of municipal waste by

2030;

A common EU target for recycling 75% of packaging waste by

2030;

A binding landfill target to reduce landfill to maximum of 10%

of municipal waste by 2030;

A ban on landfilling of separately collected waste;

Promotion of economic instruments to discourage landfilling ;

Simplified and improved definitions and harmonised calculation

methods for recycling rates throughout the EU;

Concrete measures to promote re-use and stimulate industrial

symbiosis – turning one industry's by-product into another

industry's raw material;

Economic incentives for producers to put greener products on the

market and support recovery and recycling schemes (e.g. for

packaging, batteries, electric and electronic equipment, vehicles).

Estimated savings and

benefits

Savings: the net social benefits are estimated at 25-30

billion euro for the period 2015-2030

Job creation – 170.000 direct jobs could be created by

2035, most of them impossible to delocalize outside the

EU;

GHG emission reduction – more than 600 millions of tons

of green house gas could be avoided between 2015 and

2035;

Positive effects on the competitiveness of the EU waste

management and recycling sectors as well as on the EU

manufacturing sector (better extended producer

responsibility schemes, reduced risks associated with raw

material access);

Reinjection into the EU economy of secondary raw

materials which in turn will reduce the dependency of the

EU on raw materials imports;

Administrative burden reduction by simplifying reporting

requirements on Member States saving an estimated 280

man-days per year and exemptions for establishments

collecting or transporting small amounts of non-hazardous

waste.

State of Play:

Legal Acts



Pending in

legislative

Procedure

Discussion is on-going in the Council and the European Parliament;

trialogues are expected in the first half of 2017. The positions of the

Debate in Legislative

Procedure

kom (2016) 0710 - Ingen titel

Council and the Parliament are divergent what concerns the level of

ambition of the targets and some provisions.

Outcome of Legislative

Procedure

Estimated savings and

benefits

The adoption of the legislative proposals could be expected by end

2017.

The change in the estimated benefits depends on the level of the

targets that will be agreed by the elegislator. The impact

assessement has shown that higher targets lead to greater benefits.

The overall reduction of the administrative burden will depend on

the exact content of the obligations that may be eventually adopted

by the co-legislators.

kom (2016) 0710 - Ingen titel

Waste electrical and electronic equipment (WEEE)

Overall State of Play:

Proposal December 2008

Legal Act 2012: Benefits

reduced by legislator

Transposition Deadline :

14 February 2014

Summary:

The recast WEEE Directive 2012/19/EU clarifies producer

reponsibilities and includes an SME exemption for take-back

obligations.

The Commission's proposal for one single registration for all EU

obligations, with interoperability and data-transfer between Member

State producer registers was not maintained by the legislator,the

associated simplification benefits could therefore not be realized.

The introduction of harmonisation elements on registration and

reporting in the recast WEEE Directive 2012/19/EU, is expected to

reduce administrative burdens.

The Commission's proposal for one single registration for all EU

obligations, with interoperability and data-transfer between Member

State producer registers was not maintained by the legislator,the

associated simplification benefits could therefore not be realized.

Input from the REFIT Platform

In its opinion on Waste electrical and electronic equipment (WEEE)

the REFIT Platform recommends that the Commission "take action

in order to implement a common harmonised reporting and

registration system of EEE producers", that takes enforcement and

manageability into account without adding unnecessary burden on

the Member States. The Platform further specifies that this action

should be carried out in time to allow its implementation by mid-

2018. The opinion confirms the evidence gathered by the European

Commission and reinforces the need for action.

On the basis of the Platform opinion and other evidence gathered,

the Commission is planning further simplification and development

of reporting and registration arrangements in the first half of 2017.

This will give Member States the time to adapt (if needed) their

existing national registration systems by mid-2018. A study has

been finalised in January 2016 on the format for the registration and

reporting and action is planned in the first half of 2017.

Summary

kom (2016) 0710 - Ingen titel

Estimated savings and

benefits

The first reports from the Member States on the implementation of

the Directive were submitted by the end of September 2016. Their

analysis wil provide information to assess the actual impacts/

benefits from the implementation of the Directive.

The adoption of an implementing act establishing the format for

registration and reporting and the frequency of reporting to the

which is planned to be adopted in 2017, is expected to reduce

administrative burdens substantially, especially for producers active

in more than one Member State.

kom (2016) 0710 - Ingen titel

State of Play:

Commission Proposal



Adopted by the

Commission on

03/12/2008

Ref

COM(2008)810

One of the core objectives of the Commission's WEEE recast

proposal was the reduction of unnecessary administrative burdens by

clarifying that producer responsibilities are based on a European

approach. In line with this, it had proposed one single registration

for all EU obligations, with interoperability and data-transfer

between Member State producer registers.

In line with the objective to reduce unnecessary administrative

burdens especially for SMEs the proposal provided for distributors

with a selling area below 400 square metres to be exempted from

requirements to tack-back very small WEEE, though distributors

with a larger selling area will have such an obligation.

Which REFIT

objective(s) did the

Commission pursue?

Which other objectives

did the Commission

pursue?

The main objectives of the Commission proposal were to improve

coherence with existing EU legislation (e.g. Waste Framework

Directive), to enhance the implementation and enforcement of

current provisions in order to achieve better results concerning

especially the collection of WEEE and to lessen the administrative

burden on businesses.

The overall cost savings from harmonised registration and reporting

was estimated to €66.3 million

Estimated savings and

benefits

State of Play:

Legal Act



Adopted by the

Legislator on 4

July 2012

Directive

2012/19

Negotiations between Parliament, Council and Commission resulted

in a compromise which contained a national approach to producer

obligations as demanded by the Council, however coupled with

harmonisation elements on registration and reporting. With these

elements, the recast WEEE Directive 2012/19/EU is expected to cut

unnecessary burdens substantially. Proportionally, SMEs are

presumed to benefit the most.

Outcome of Legislative

Procedure

kom (2016) 0710 - Ingen titel

While the recast WEEE Directive (Article 5(2)c) foresees an

obligation for distributors to provide for the collection of very small

WEEE free of charge to end-users and with no obligation to buy

EEE of an equivalent type, small shops (with a sales surface of up to

400 square metres) are exempt from this obligation to protect them

from disproportionate costs.

Estimated savings and

benefits

The Commission's proposal for one single registration for all EU

obligations, with interoperability and data-transfer between Member

State producer registers was not maintained by the legislator,the

associated simplification benefits could therefore not be realized. No

specific quantified update of the estimated savings was performed.

State of Play:

Implementation



Application on

14 February

2014

Transposition

Deadline 14

February 2014

Evaluation

Planned for XX

A number of Member States were late in transposing the Directive.

The year 2016 is the first year of implementation in all 28 Member

States.

The first report by Member States shall cover the period from 14

February 2014 to 31 December 2015. The reports shall be made

available to the Commission by 30 September 2016. Information on

implementation is therefore currently being processed.

Implementation reported

by MemberStates

Estimated savings and

benefits

Information not available.

The first implementation reports from MS were submitted by the

end of September 2016. Their analysis will provide informationon

the savings from the implementation of the SME exemption for

take-back obligations.

The introduction in the recast WEEE Directive (Article 16(3)) of the

request to the Commission to adopt an implementing act

establishing the format for registration and reporting and the

frequency of reporting to the register, is expected to reduce

administrative burdens substantially, especially for producers active

in more than one Member State. The adoption of the implementing

act is expected at the end of 2017. Not specific information on the

kom (2016) 0710 - Ingen titel

savings from the adoption of the implementing act is available.

State of Play:



Planned for

2017 (CWP

2017)

Implementing act on a standard format and

frequency of reporting

Which REFIT

objective(s) will the

Commission pursue?

Legislative - Implementing act on a standard format and frequency

of reporting.

Input of the REFIT Platform:

In its opinion on

Waste electrical and electronic equipment

(WEEE) the REFIT Platform recommends that the Commission take

action in order to implement a common harmonised reporting and

registration system that takes enforcement and manageability into

account without adding unnecessary burden on the Member States.

The Platform further specifies that this action should be carried out

in time for allowing implementation by mid-2018.

The Opinion confirms the evidence gathered by the European

Commission and reinforces the need for action. On the basis of the

Platform Opinion and other evidence gathered, the Commission is

planning further simplification and development of reporting and

registration arrangements for in the first half of 2017. This time

schedule will give to Member States the time to adapt (if needed) the

existing national registration systems by mid-2018.

Which other objectives

will the Commission

pursue?

Estimated savings and

benefits

Information not yet available.

kom (2016) 0710 - Ingen titel

Shipments of waste

Overall State of Play

Proposal 2013

Legal Act 2014

Date of application: 1

January 2016

Savings on the ground

exceeded estimations

Summary:

The initiative should lead to a reduction in administrative costs by

companies and public administrations in the management of waste

shipments and at the same time allow for increased repatriation of

illegal waste shipments.

Savings were estimated in 2010 at EUR 44 million corresponding to

50% of the administrative baseline burden.

These savings were confirmed in legislative procedure. Member

States feedback on implementation in spring 2015 showed cost

reductions beyond those initially estimated by the Commission

totalling up to 70% of the administrative baseline burden for 5

Member States.

The evaluation of the Waste Shipment Regulation to be carried out

by 2018-19 will assess whether the WSR generates any unnecessary

administrative or technical barriers.

Summary

Estimated savings and

benefits

kom (2016) 0710 - Ingen titel

State of Play:

Commission Proposal



Adopted by the

Commission on

11/07/2013

COM(2013)516

Proposal of a mandatory electronic data interchange between

national authorities and operators for waste shipments in order to

reduce administrative burden and costs associated with the

management of waste shipments and the repatriation of illegal waste

shipments.

Strengthen the provisions regarding the enforcement of rules and

inspections covered by Regulation (EC) No 1013/2006 with a view

to ensuring regular and consistent planning of inspections.

Introduce the possibility for competent authorities in Member States

to require evidence from waste exporters in order to check the

legality of shipments.

The initiative should help ensure a more uniform implementation of

the Regulation with a focus on problematic waste streams, It should

also facilitate the access to raw materials.

Which REFIT objectives

did the Commission

pursue?

Which other objectives

did the Commission

pursue?

Estimated savings and

benefits

In 2010, the High Level Group of Independent Stakeholders on

Administrative Burden estimated that the introduction of an

appropriate e-Government system to replace the manual processing

of the large amounts of notification and movement documents

throughout the Union could generate annual savings of up to €44

million.

State of Play:

Adopted by the Legislator

on 15 May 2014

Reference Regulation

(EU) No 660/2014

Debate in Legislative

Procedure

Legal Act

Parliament proposed a mandatory electronic data interchange for the

submission of waste shipment related documents, as soon as the

relevant technical and organisational requirements have been

adopted.

The Council rejected the introduction of a mandatory electronic data

interchange as Member States prefer to continue with an optional

approach. However, the Council proposed that the Commission

kom (2016) 0710 - Ingen titel

adopts implementing acts establishing the technical and

organisational requirements for an electronic data interchange if this

proves to be feasible.

Outcome of Legislative

Procedure

In order to reach a final agreement, the institutions accepted the

position of the Council with some minor modifications.

Administrative burden is potentially increased due to the new right

of competent authorities to require evidence from waste exporters.

This improves the likelihood that the environment objectives of the

measure will be attained, albeit at increased cost. The possibility of a

system of voluntary electronic exchange of data proposed by the

Commission to reduce administrative burden is put back to the time

when the Commission can confirm the practical arrangements for

such a system. The introduction of a mandary system, supported by

Parliament, would seem possible only after the voluntary system had

proven its worth.

Estimated savings were not updated following the legislative

procedure.

Estimated savings and

benefits

State of Play:

Application on 1 January

2016

Date of application:

12/07/2007

Evaluation Planned for

2018-2019

Implementation reported

by MemberStates

Implementation

In 2014, Member States reported that 11 Member States had fully

implemented the simplification requirement, while 9 Member States

had not implemented it. In view of the planned review of the Waste

Shipment Regulation an evaluation is planned for 2018-2019.

In Member States where these measures were already implemented,

analysis in 2014 showed cost reductions beyond those estimated by

the Commission.

The costs and benefits associated with the implementation of the

Waste Shipment Regulation for the different stakeholders, at local,

national and EU level will be measured in the context of the

evaluation planned for 2018-2019.

Estimated savings and

benefits

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Export for recovery of non-hazardous waste

Overall State of Play

Commission Regulation

adopted 2014

Evaluation scheduled for

2018

Summary:

Tthe periodic updates according to Art. 37 of the Waste Shipment

Regulationwere intended to ensure that EU legislation on exports to

certain non-OECD countries of non-hazardous waste (Regulation

(EC) 1418/2007) is consistent with provisions for import of such

waste in these countries. This prevents EU exports being shipped

but then rejected in a third country and facilitates smooth trading

relationships. Furthermore it avoids the export of certain non-

hazardous waste to countries that are not able to process such waste,

thus reducing the risk of environmental damage.

No assessment has been made of monetary savings, but the

increased consistency has reduced the possibility of commercial

losses due to inconsistencies between EU export and third country

import rules.

Regulatory Costs and benefits will be assessed as part of the

evaluation of Regulation (EC) 1013/2006 (Waste Shipment

Regulation) planned for 2018.

Summary

Estimated savings and

benefits

kom (2016) 0710 - Ingen titel

State of Play:

Commission Regulation

733/2014

adopted on 24 June 2014

Which REFIT

objective(s) did the

Commission pursue?

Legal Act

Reduced administrative burden coming from the update and

streamline of Regulation 1418/2007 in relation with:



Which other objectives

did the Commission

pursue?

ensuring legal certainty for economic operators

exporting non-hazardous waste from the EU to partner

countries;

minimising error-risk

Periodical update of Commission Regulation (EC) No 1418/2007 on

exports to certain non-OECD countries of non-hazardous waste as

required by Regulation (EC) No 1013/2006, on the basis of

information submitted by partner countries.

This update was carried out through Commission Regulation (EU)

No 733/2014 of 24 June 2014.

Estimated savings and

benefits

Savings have not been estimated. Regulatory Costs and benefits will

be assessed as part of the evaluation of Regulation (EC) 1013/2006

(Waste Shipment Regulation) planned for 2018.

State of Play:

Application on 18th July

2014

Evaluation Planned for

2018

Implementation reported

by MemberStates

Estimated savings and

benefits

Implementation

Implementation reporting is made annually in the framework of the

general Waste Shipment Regulation..

Regulatory Costs and benefits will be assessed as part of the

evaluation of Regulation (EC) 1013/2006 (Waste Shipment

Regulation) planned for 2018.

kom (2016) 0710 - Ingen titel

Environmental impact assessment (EIA)

Overall State of Play

Proposal in 2012

Legal act in 2014

Application in May 2017

Annual savings of up to €

26.7 million estimated

Summary:

The initiative lightens unnecessary administrative burdens and

makes it easier to identify and assess potential significant impacts,

without weakening existing environmental safeguards. The quality

of the decision-making process is reinforced, current levels of

environmental protection will be improved, and businesses should

enjoy a more harmonised regulatory framework.

The changes are forward looking, and emerging challenges that are

important to the EU as a whole in areas like resource efficiency,

climate change, biodiversity and disaster prevention are reflected in

the assessment process.

Estimated savings and

benefits

The estimated annual direct savings of this initiative amount to € 4.3

to 5.3 million (Member States authorities) and € 21.4 million

(developers). These direct savings were confirmed in the legislative

process.

Direct administrative savings further to the one-stop shop are

expected less than 1% with regard to the baseline scenario, due to its

non-mandatory character imposed by the co-legislators.

Wider socio-economic benefits (in terms of competitiveness,

internal market and decrease in costs on delays) are equally likely to

be reduced due to amendments in the legislative process (non-

mandatory character of one-stop shop, no mandatory scoping and

refusal to harmonise all time-frames at EU level).

Summary

kom (2016) 0710 - Ingen titel

State of Play:

Adopted by the

Commission on

26/10/2012

Ref COM(2012)628

Which purpose did the

Commission pursue?

Commission Proposal

The Directive simplifies existing procedures mainly through:

the establishment of a mandatory one-stop shop with a view

to streamlining the various environmental assessments

(resulting from Directives on Nature, water, SEA…).



the introduction of time-frames for specific stages of the

EIA process.



the simplification of the screening process.



the introduction of mandatory scoping.

The Directive on Environmental Impact Assessment aims to provide

a high level of protection of the environment and to contribute to the

integration of environmental considerations into the preparation of

projects, plans and programmes with a view to reduce their

environmental impact.

The Directive ensures public participation in decision-making and

thereby strengthens the quality of decisions. The projects and

programmes co-financed by the EU (Cohesion, Agricultural and

Fisheries Policies) have to comply with the EIA Directive to receive

approval for financial assistance.

The above changes should lead to direct administrative savings for

Member States' authorities of € 4.3 to 5.3 million and to developers

of € 21.4 million per year.

In addition, regulatory benefits would be increased in terms of

competitiveness in the internal market and in terms of a decrease in

costs on delays.



Which other objectives

did the Commission

pursue?

Estimated savings and

benefits

State of Play:

Adopted by the Legislator

on 16 April 2014

Reference Directive

2014/52/EU

Legal Act

kom (2016) 0710 - Ingen titel

Outcome of Legislative

Procedure

Compared to the proposal, the adopted directive has not retained

some important elements for the efficiency objective of the

proposal:

- specific time-frames for some steps of the decision-making to be

set at EU level (especially maximum time-frames) could not be

agreed although they would have made the EIA process more

streamlined and efficient and would have provided better legal

certainty to industry and business;

- mandatory scoping was rejected;

- The scope of the one-stop shop was limited to the EIA and the

Nature Directives (for other Directives, the one-stop shop is only

voluntary). In addition, Member States have a margin for discretion

to use the one-stop shop; The legislators vested an obligation to the

Commission to provide a guidance regarditn the setting of any

coordinated or joint procedures for projects (streamlining) that are

simultaneously subject to assessments under the EIA Directive and

the Habitats, Birds, Water Framework and Industrial Emissions

Directives. The Commission published the guidance document in

the form of a Commission notice on 27.07.2016, OJ 27.07.2016, C

273.

Estimated savings and

benefits

The direct annual administrative savings for authorities [€ 4.3 to 5.3

million] and developers [€ 21.4 million] are expected to remain.

Wider socio-economic benefits (in terms of competitiveness,

internal market and decrease in costs on delays) will be more limited

(due to the non-mandatory character of one-stop shop, no mandatory

scoping and refusal to harmonise all time-frames at EU level) as

well as direct administrative savings further to the one-stop shop are

expected less than 1% with regard to the baseline scenario, due to its

non-mandatory character.

State of Play:

Application on 16 May

2017

Transposition Deadline 16

May 2017

Evaluation Planned for

2024

Implémentation

kom (2016) 0710 - Ingen titel

Implementation reported

by MemberStates

No implementation report foreseen by the Directive.

According to the revised Article 12(2), every six years from 16 May

2017, Member States shall inform the Commission, where such data

are available, of:

(a) the number of projects referred to in Annexes I and II made

subject to an environmental impact assessment in accordance with

Articles 5 to 10;

(b) the breakdown of environmental impact assessments according

to the project categories set out in Annexes I and II;

determination in accordance with Article 4(2);

(d) the average duration of the environmental impact assessment

process;

(e) general estimates on the average direct costs of environmental

impact assessments, including the impact from the application of

this Directive to SMEs.

Estimated savings and

benefits

Impacts will be assessed through an evaluation planned in 2024.

kom (2016) 0710 - Ingen titel

EMAS and EU Eco-label

Overall State of Play

Fitness Check due for

Completion Q4/2016

Follow-Up not yet

determined

Summary

The purpose of this initiative is to analyse the relevance,

effectiveness, efficiency and the EU added value of the EU Ecolabel

and EMAS regulations including possible coherence issues and to

evaluate and assess the contribution to competitiveness, sustainable

consumption and production. In doing so, the fitness check will

assess if these regulations are fit for purpose, whether the objectives

of these regulations have been met and whether implementation has

been done in a cost-effective way.

Information not yet available.

Summary

Estimated savings and

benefits

kom (2016) 0710 - Ingen titel

State of Play:

Expected to be finalised

in Q4 2016

Scope:

Fitness Check

Fitness Check of:



Regulation (EC) No 1221/2009 of the European Parliament and

of the Council of 25 November 2009 on the voluntary

participation by organisations in a Community eco-management

and audit scheme (EMAS)



Regulation 66/2010 of the European Parliament and the Council

on the EU Ecolabel

Evaluation findings:

Estimated savings and

benefits

Expected Q4 2016.

Expected Q4 2016

kom (2016) 0710 - Ingen titel

Environmental liability

Overall State of Play

Evaluation finalised in

2016

Follow-Up through a

Multiannual Rolling

Programme

Summary:

The evaluation showed that the Environmental Liability Directive

(ELD) improved the situation of environmental liability in the EU,

at the same time implementation varies significantly between

Member Sates and data on implementation is missing.

The Commission will propose a multi-annual rolling work

programme to Member States’ experts and stakeholders in order to

improve the evidence base and help align national solutions.

Moreover, the Commission will continue to provide administrative

support measures.

Estimated savings and

benefits

Remediation costs for operators average around EUR 42,000 for one

environmental liability case if five major cases exceeding EUR 1

million are disregarded. The environmental benefits should

according to the applicable economic valuing and equivalency

analysis correspond to the remedial and prevention costs.

Concrete data regarding benefits, other than the figures on prevented

and remedied environmental damage is difficult to draw. The

evaluation confirmed that the principle that precaution and

prevention helps to avoid remediation costs works.

Summary

kom (2016) 0710 - Ingen titel

State of Play:

Finalised in 2016

COM/2016/0204

SWD(2016) 121

{SWD(2016) 122

Scope:

Evaluation

Evaluation of Directive 2004/35/EC on environmental liability with

regard to the prevention and remedying of environmental damage

(ELD)

The key findings emerging from this report are that the Directive has

improved:



Evaluation findings:

the standards of prevention and restoration of environmental

damage,

the application of the ‘polluter pays’ principle,

strict liability across the EU for environmental damage,

EU-wide liability for biodiversity damage, and

public participation and access to justice for people affected

and NGOs.

Estimated savings and

benefits

At the same time, implementation still varies significantly from one

Member State to another in terms of the number of ELD cases and

the way the Directive is implemented. The observed ‘patchwork’ of

environmental remediation, together with the lack of some key data

on implementation and on the cost (both administrative and financial

security), is a major challenge.

Remediation costs for operators: The total costs of remediation in

the EU within the reporting period 2007 – 2013 amounted to around

EUR 6 million without five major losses, and EUR 180 million if

the five major instances are included The remediation costs turn on

the average for one environmental liability case around EUR 42,000,

if the five cases exceeding EUR 1 million are disregarded. The

environmental benefits should according to the applicable economic

valuing and equivalency analysis correspond to the remedial and

prevention costs.

Administrative costs for authorities: Only a few Member States

provided information and data on administrative costs: The Flemish

Region of Belgium indicated EUR 55,000/year (gross) of annual

administrative costs, Bulgaria EUR 135,613 per year (265,975

Bulgarian Lev) and Spain overall EUR 20,000 per year in staff

costs, and between EUR 684,000 and EUR 2 million of

administrative costs of the autonomous communities and cities in

Spain.

kom (2016) 0710 - Ingen titel

State of Play:

Follow-up through a

Multi annual Rolling

Work Programme

Follow-Up by the

Commission:

Commission Follow-Up

The Commission will propose a multi-annual rolling work

programme to Member States’ experts and stakeholders in order to

improve the evidence base and help align national solutions.

Moreover, the Commission will continue to provide administrative

support measures, such as

(a) guidance or interpretative notices on key issues ('significance');

(b) training programmes; and

operators, loss adjusters, financial security providers, affected

individuals, NGOs, etc.) providing information, assistance and

assessment support for risk and damage evaluations.

Follow-Up by Member

States:

To complement these efforts, the Commission recommends that all

Member States undertake to:



support their implementation efforts with proactive initiatives

(such as guidance documents, training, electronic tools for risk

analysis, baseline setting, financial security models etc.) as some

Member States have done already;

exchange administrative experiences and best practices and

support each other in capacity-building efforts;

review their interpretation of key provisions of the Directive, in

particular in relation to 'significance';

record data on ELD incidents and publish ELD registers if they

have not done so already;

systematically gather the necessary data that can document that

the application of the Directive in their country is effective,

efficient and in line with the overall situation in the EU.



Estimated savings and

benefits

Follow-Up by the Commission and by Member States will improve

implementation and impacts of the ELD and gather the necessary

data for the next evaluation which should focus on assessing EU

added value, efficiency and effectiveness of the Directive and on the

quantification of regulatory costs and benefits.

A follow-up evaluation is planned for 2021 to 2023 (i.e. the

adoption of the next REFIT evaluation is planned between five to

seven years after the adoption of the first REFIT evaluation of 2016)

kom (2016) 0710 - Ingen titel

Infrastructure for Spatial Information (INSPIRE)

Overall State of Play

Summary



Evaluation

completed 20

July 2016

Follow-Up

Actions

determined

The evaluation showed that greater effort at all levels by all actors is

needed. To this end, the Commission proposes a number of actions

for both Member States and at EU level.

This includes a requirement for Member States to step up their

efforts in implementation (e.g. on their coordination activities) and

review of the effectiveness of their data policies.

Summary:

Estimated savings and

benefits

The implementation costs reported in the evaluation varied from 0.5

to 13.5 million €/year with most Member States reporting between 2

to 3 million €/year. In most cases this is below the original estimates

which ranged from 4 to 8 million €/year in the initial impact

assessment.

On benefits, Member States reported mostly in qualitative terms.

They generally consider that benefits are yet to be fully realised but

that they are starting to emerge in terms of improved data access,

better cooperation across the public sector, skills and capacity

building, less duplication of work, improved information for

supporting environmental policy, better e-government services to

citizens and business.

A few Member States reported quantitative impact assessments,

presenting estimates of future benefits.

kom (2016) 0710 - Ingen titel

State of Play:



Finalised 20 July

2016

COM(2016)478,

SWD(2016) 243,

SWD(2016) 273

Evaluation



Scope:

Evaluation of Directive 2007/2/EC establishing an Infrastructure for

Spatial Information in the European Community (INSPIRE)

The evaluation of the INSPIRE Directive confirms that the overall

relevance of the Directive to meeting policy needs in an efficient

manner remains high, and is expected to increase with time, given

the drive towards a digital economy as set out by the Digital Single

Market strategy which includes important elements of the Directive.

Good progress in implementation been made in only the few

Member States where the necessary investments were made and

implementation of the Directive was aligned with wider national

action on open data policies and better eGovernment services. The

implementation gaps identified are significant and result from

accumulated delays in the process, underlining the differences in

speed and quality of implementation.

As a result, overall effectiveness has suffered. In particular, the

significant remaining obstacles created by the data policies in many

countries impede effective progress and perpetuate the

administrative burden because data cannot be easily shared between

administrations. Nonetheless, some Member States have shown that

the process is possible and report positively on the resultant benefits,

if only in qualitative terms.

This is confirmed by the evaluation of efficiency from front-runner

Member States that invested in implementation early on, developed

more open data policies and aligned the INSPIRE Directive with

their national priorities on open data and the drive for eGovernment.

Upfront costs however are higher than benefits since data will have

to be made available in the required ways first before being used for

end-user applications. Many Member States made insufficient

investments, probably because of the economic crisis.

The evaluation of coherence has uncovered areas needing attention,

in particular the development of the data policies creating obstacles

in the internal (digital) market which is also of relevance to the ‘free

flow of data’ initiative.

Finally, future EU added value can be significant. Addressing the

above-mentioned issues and focusing on end-user needs and

applications in a cross-border and EU context can assist

implementation and help prioritise resources and investments.

Evaluation findings:

Estimated savings and

benefits

The evaluation estimated specific regulatory benefits and costs.

The reported implementation costs varied from 0.5 to 13.5 million

kom (2016) 0710 - Ingen titel

€/year with most Member States reporting between 2 to 3 million

€/year. In most cases this is below the original estimates which

ranged from 4 to 8 million €/year in the initial impact assessment.

The administrative burden relate to the monitoring or reporting

obligations under INSPIRE. Four countries(FI, LT, SE, SK)

provided estimates of the financial costs of monitoring and reporting

combined. SE reported 0.75% (mio€ 0,033 of 4,7, LT 0,9% (mio€

0,045 of 0.4975) , FI 4% (mio€ 0,067 of 1.63) of the implementation

cost. This indicates that the administrative burden appears to be low.

Overall, these administrative costs identified for the implementation

of the INSPIRE are far lower than the benefits and administrative

cost savings that can be achieved through a modern and shared

spatial data infrastructure.

On benefits, Member States reported mostly in qualitative terms.

They generally consider that benefits are yet to be fully realised but

that they are starting to emerge in terms of improved data access,

better cooperation across the public sector, skills and capacity

building, less duplication of work, improved information for

supporting environmental policy, better e-government services to

citizens and business.

A few Member States143 reported quantitative impact assessments,

presenting estimates of future benefits.

State of play

Commission Follow-Up



Non-legislative

follow-up

planned for 2017

The Commission proposes a number of actions at EU level and at

Member State level to improve implementation and impact of

INSPIRE.

The Commission will:

A. evaluate the shortcomings of the national data policies in

relation to Article 17 of the Directive in more detail and

explore synergies with the ‘free flow of data’ initiative

under the Digital Single Market with the view to resolving

these issues through that;

B. review, and possibly revise, the INSPIRE rules, in particular

on spatial data harmonisation, to take into account the

implementing risks and complexities with a view to

reducing them (simplifying requirements);

C. assist the Member States in applying and implementing the

INSPIRE Directive (simplification of use), e.g. by the use of

common tools, and promote priority setting together with

the Member States.

Follow-Up by the

Commission:

kom (2016) 0710 - Ingen titel

D. work closely with Member States to explore opportunities

arising from the use of existing EU-level funding

programmes to help capacity building and close the

INSPIRE implementation gaps (e.g. through the

Interoperability Solutions Administrations).

Other actions in the context of the Digital Single Market will also

contribute to implementing the INSPIRE Directive (e.g. the

eGovernment Action Plan and the European Interoperability

Framework). The Commission together with the Member States will

also promote the inclusion of INSPIRE services and data

harmonisation in relevant EU initiatives (e.g. Copernicus, Horizon

2020), Commission departments, European agencies and

international partners to the EU.

These and other relevant actions will be discussed between the

Commission departments, assisted by the European Environment

Agency and the Member States in the context of the ongoing

INSPIRE Maintenance and Implementation Framework following

the adoption of this report. "

As a result of these discussions, the Commission will propose a

multi-annual rolling work programme to Member States’ experts

and stakeholders in order to implement the proposed actions.

Follow-Up by Member

States:

Member States should step up their efforts in implementing (e.g. on

their coordination activities) and critically reviewing the

effectiveness of their data policies. This applies in particular to those

Member States lagging behind the most if they are to meet future

implementation deadlines. In addition, Member States, in

consultation with the Commission, are recommended to:

1)give priority to environmental spatial datasets, in particular those

linked to monitoring and reporting, and those identified in relevant

global processes.

2)improve coordination between the national INSPIRE

implementation and eGovernment, open data and other relevant

processes at national level.

Estimated savings and

benefits

Follow-Up by the Commission and by Member States will improve

implementation and impacts of INSPIRE and gather the necessary

data for the next evaluation which should focus on assessing EU

added value, efficiency and effectiveness of the Directive and on the

quantification of regulatory costs and benefits.

A follow-up evaluation is planned for 2021

kom (2016) 0710 - Ingen titel

Environmental Noise

Overall State of Play

Evaluation to be finalised

Q4 2016

Summary:

The Commission is evaluating Directive 2002/49/EC relating to the

assessment and management of environmental noise, the results of

this evaluation should be available before the end of 2016.

Expected 2017

Summary

Estimated savings and

benefits

kom (2016) 0710 - Ingen titel

Volatile organic compound emissions - Stage I and Stage II - Petrol Vapour

Recovery (VOCs)

Overall State of Play

Evaluations scheduled for

completion Q4 2016

Summary

Summary:

The Commission is evaluating Directive 94/63/EC on the control of

volatile organic compound (VOC) emissions resulting from the

storage of petrol and its distribution from terminals to service

stations and Directive 2009/126/EC on Stage II petrol vapour

recovery during refuelling of motor vehicles at service stations. The

results of these evaluations should be available before the end of

2016.



Evaluation of Directive 94/63/EC on the control of volatile

organic compound (VOC) emissions resulting from the

storage of petrol and its distribution from terminals to

service stations.

Evaluation of Directive 2009/126/EC on Stage II petrol

vapour recovery during refuelling of motor vehicles at

service stations



Estimated savings and

benefits

Expected Q4 2016

kom (2016) 0710 - Ingen titel

Protection of animals used for scientific purposes

Overall State of Play

Review Report to be

finalised Q4 2017

Evaluation scheduled for

2019

Summary:

A review is ongoing. Due to the relatively early timing of the review

and the partly delayed transposition into certain national legislations

of the Member States (last national legislation adopted only in May

2015), there is only limited experience of the Directive. It is unlikely

that the Directive's projected benefits, especially in terms of

improved welfare and science, will have fully materialised.

Therefore, the focus of the review is on assessing the impacts of the

Directive on the basis of preliminary findings in selected targeted

areas. A full evaluation will then be carried out in 2019.

Information not yet available.

Summary

Estimated savings and

benefits

kom (2016) 0710 - Ingen titel

State of Play:

Expected to be finalised

in Q4 2017

Scope:

Evaluation – review report

Report on:



Directive 2010/63/EU on the Protection of Animals used for

Scientific Purposes

The Directive took full effect in 2013 with national transposing

measures pending for some Member States in the beginning of 2015.

As this initiative precedes the submission of data from Member

States to feed into the implementation report due in 2019, the focus

of this report will in particular be on scientific progress and whether

there are any emerging problems with implementation impacting

negatively on science or animal welfare. It will also be informed by

the European Citizens Initiative.

An evaluation is scheduled for 2019.

Evaluation findings:

Estimated savings and

benefits

Expected Q4 2017.

An evaluation is planned in 2019.

kom (2016) 0710 - Ingen titel

Wild animals in zoos

Overall State of Play

Evaluation expected to

complete Q4 2017

Summary

Summary:

The Commission is evaluating Directive 1999/22/EC relating to the

keeping of wild animals in zoos. The result of this evaluation should

be available Q4 2017.

Expected Q4 2017

Estimated savings and

benefits

kom (2016) 0710 - Ingen titel

Flood risks

Overall State of Play

Evaluation Planned for

2018

Summary:

The Commission will cary-out in 2018 an evelaution of Directive

2007/60/EC on the assessment and management of flood risks. The

objective of the Directive is the establishment of a framework for

measures to reduce the risks of flood damage.

Expected in 2018

Summary

Estimated savings and

benefits

kom (2016) 0710 - Ingen titel

Bathing water

Overall State of Play

Summary



Evaluation

planned for 2019

The Commission is planning to evaluate Directive 2006/7/EC on

bathing. The result of this evaluation should be available by the end

of 2019.

Expected in 2019

Summary:

Estimated savings and

benefits

kom (2016) 0710 - Ingen titel

Marine environment policy

Overall State of Play

Summary



Evaluation

planned for 2019

The Commission is planning to evaluate Directive 2008/56/EC on

marine environment policy. The result of this evaluation should be

available by the end of 2019.

Expected in 2019

Summary:

Estimated savings and

benefits

kom (2016) 0710 - Ingen titel

Initiatives in the area of Maritime Affairs and Fisheries

Reform of the Common Fisheries Policy

Overall state of Play

Proposal adopted on 13

July 2011

Legal acted adopted on

11 December 2013

It applies with effect

from 1 January 2014

Evaluation Planned for

2020

Summary:

In 2011 a major reform of the EU Common Fisheries Policy (CFP)

started which continues efforts to simplify and reduce unnecessary

burdens.

The proposed simplification objectives were generally supported by

the European Parliament and the Council and achieved with no

significant variations from the Commission proposal.

Major benefits are 1) the simplification of the implementation

procedures of the Common Fisheries Policy (CFP) covering from

conservation of marine biological resources through market

organisation to aquaculture; 2) switch-over from a common to a

regional approach of fisheries management (regionalisation) that

aims to reduce regulatory burden and increase flexibility, acceptance

and ownership by operators and thus better compliance; 3) the

simplification of the acquis by integrating in the CFP Regulation the

measures on conservation and sustainable exploitation of fisheries

resources, the measures on the management of fishing fleets

registered in the Community outermost regions and the measures

concerning the Regional Advisory Councils.

Estimated savings and

benefits

Due to the limited availability of data, the savings could not be

quantified. Simplification and reduction of administrative burden

were therefore analysed qualitatively.

Actual savings will be assessed in the evaluation of the CFP that is

planned for 2020.

Summary

kom (2016) 0710 - Ingen titel

State of Play:

Commission Proposal

Proposal adopted on 13

July 2011

COM(2011)425

Which REFIT

objective(s) did the

Commission pursue?

Simplify the implementation procedures of the Common Fisheries

Policy (CFP) covering from conservation of marine biological

resources through market organisation to aquaculture.

Introduce a regional approach to management. Decentralisation and

empowerment of stakeholders is expected to increase compliance.

The Regulation will set the general principles, overall targets and

timeframes, Member States will decide, in cooperation with the

local industry, the measures to achieve targets on deadline. This

approach will reduce regulatory burden and increase flexibility,

acceptance and ownership by operators and thus better compliance.

Simplify the acquis by integrating in the CFP Regulation the

measures on conservation and sustainable exploitation of fisheries

resources, the measures on the management of fishing fleets

registered in the Community outermost regions; the measures

concerning the Regional Advisory Councils; and the Data collection

framework (the integration of the latter was not retained in the

adopted text).

Which other objective(s)

did the Commission

pursue?

Estimated savings and

benefits

To ensure that fishing and aquaculture activities provide long-term

sustainable environmental, economic and social conditions and

contribute to the availability of food supplies;

Due to the limited availability of data, the savings could not be

quantified. Simplification and reduction of administrative burden

were therefore analysed qualitatively.

State of Play:

Legal Act



Adopted by the

Legislator on 11

December 2013

Regulation

(EU) No

1380/2013

The proposed simplification objectives were achieved with no

significant variations from the Commission proposal.

Costs and benefits will be assessed in the evaluation of the CFP that

is planned for 2020

Outcome of Legislative

Procedure

Estimated savings and

benefits

kom (2016) 0710 - Ingen titel

State of Play:

Implementation



It applies with

effect from 1

January 2014 –

Regulation (EU)

No 1380/2013

Transposition

Deadline N/A as

it falls under

exclusive

competence

Evaluation

Planned for

2020

Report on the balance between the fishing capacity of their fleets

and their fishing opportunities (Article 22) are issued every year

since March 2015.

Yearly report on the execution of Member States national data

collection programmes (Article 25) is also issued.

Implementation reported

by Member States

Estimated savings and

benefits

Information not yet available.

kom (2016) 0710 - Ingen titel

Common market organisation in fishery and aquaculture

Overall state of Play

Adopted

Proposal adopted on 13

July 2011

Legal act adopted on 11

December 2013

Applies with effect from

1 January 2014

Summary:

As part of the Reform package of the CFP, it reduced 27 legal acts

(four Council Regulations and 23 Commission implementing

Regulations) to 3 legal Acts (1 co-decided Regulation and 2

implementing acts).

The yearly Regulations fixing the parameters for the operation of the

intervention mechanisms (i.e. one Council Regulation and 6

Commission implementing Regulations) have been abolished. The 6

intervention mechanisms have been reduced to a single storage one

that has strongly reduced the notification and reporting obligations

for both Member States and producer organisations.

The CMO instruments is financed now by a single fund, the

European Maritime and Fisheries Fund (EMFF) instead of the

European Agricultural Guarantee Fund (EAGF) and the European

Fisheries Fund (EFF).

Estimated savings and

benefits

Due to the limited availability of data, savings could not be

quantified. Simplification and reduction of administrative burden

were analysed qualitatively in 2011.

Actual savings will be assessed within the evaluation of the CFP that

is planned for 2020.

Summary

kom (2016) 0710 - Ingen titel

State of Play:

Commission Proposal

Proposal adopted on 13

July 2011

COM(2011)416

Which REFIT

objective(s) did the

Commission pursue?

As part of the Reform package of the CFP, it reduces 27 legal acts

(four Council Regulations and 23 Commission implementing

Regulations) to 3 legal Acts (1 co-decided Regulation and 2

implementing acts).

The yearly Regulations fixing the parameters for the operation of the

intervention mechanisms (i.e. one Council Regulation and 6

Commission implementing Regulations) are abolished. The 6

intervention mechanisms are reduced to a single storage one. This

strongly reduces the notification and reporting obligations for both

Member States and producer organisations.

The CMO instruments will be financed by a single fund (the

European Maritime and Fisheries Fund) instead of the current

European Agricultural Guarantee Fund and the European Fisheries

Fund.

Which other objective(s)

did the Commission

pursue?

To ensure that the common organisation of the common markets for

fisheries and aquaculture products contributes to achieving the

objectives of the new CFP. It aims to strengthen the competitiveness

of the EU industry, improve the transparency of the markets, and

ensure a level playing field for all products marketed in the Union.

Due to the limited availability of data, the estimated savings could

not be quantified. Simplification and reduction of administrative

burden were analysed qualitatively.

Estimated savings and

benefits

State of Play:

Legal Act

Adopted

the

Legislator

December 2013

Reference

Regulation

(EU) No 1379/2013

Outcome of Legislative

Procedure

The Regulation contributes to a major simplification of the acquis by

integrating 27 legal acts (four Council Regulations and 23

Commission implementing Regulations) into 3 legal Acts (1 co-

decided Regulation and 2 implementing acts).

In addition, the yearly Regulations fixing the parameters for the

kom (2016) 0710 - Ingen titel

operation of the intervention mechanisms (i.e. one Council

Regulation and 6 Commission implementing Regulations) have been

repealed and the 6 intervention mechanisms are reduced to a single

storage one. This increases transparency and despite the new

information obligation on fishing gears introduced by the co

legislator, the new Regulation strongly reduces the notification and

reporting obligations for both Member States and producer

organisations as proposed by the Commission. Therefore, the major

burden reductions sought by the Commission were achieved, with

only a relatively small addition of an information obligation

introduced by Parliament.

Estimated savings and

benefits

No update was performed.

State of Play:

Implementation

Applies with effect from

1 January 2014

Transposition Deadline

N/A as to it falls under

exclusive competence

Evaluation Planned for

2020 (as part of the

CFP evaluation)

Implementation reported

by Member States

Estimated savings and

benefits

Application: 1 January 2014, with the exception of Chapter IV on

consumer information and Article 45 (Amendments to Regulation

(EC) No 1224/2009 'the control regulation') which shall apply from

13 December 2014

N/A

Savings will be assessed during the evaluation planned in 2020.

kom (2016) 0710 - Ingen titel

Technical Measures for the Protection of Marine Organisms

Overall state of Play

Proposal adopted on 11

March 2016

Pending in legislative

procedure

Summary

Across all Union sea basins and non-Union waters in which Union

vessels operate there are currently more than 30 regulations which

contain technical measures. The evaluation of the existing technical

measures regulations showed that the current technical measures are

overly complex and have been largely ineffective. They do not have

clear, well-defined objectives and targets nor do they provide

positive incentives which reward responsible practices and

incentivise compliance. Control of the measures is costly and the

governance structure they operate in currently is inflexible and very

much top-down with limited consultation with stakeholders.

The commission proposal aims at simplifying the framework of

technical measures in the context of the reform of the CFP and

making it more effective, by integrating the different technical

measures regulations in an overall regulation and implementing

rules per sea-basins.

Estimated savings and

benefits

Due to the limited availability of data, the savings could not be

quantified. Simplification and reduction of administrative burden

were therefore extensively analysed qualitatively but without

specific quantitative estimates.

Summary

kom (2016) 0710 - Ingen titel

State of Play:

Commission Proposal

Adopted on 11 March

2016

COM(2016) 134

Which REFIT

objective(s) does the

Commission pursue?

To develop a new simplified technical measures framework in the

context of the reform of the CFP. Integrating the different technical

measures regulations in an overall regulation and implementing

rules per sea-basins. A similar integration was achieved as regards

control in 2009 with dispersed control provisions being gathered

into a single consistent instrument. Control techniques will evolve in

line with technological developments.

The new landing obligation requires existing legal and practical

impediments to be removed while the new framework is being

developed, the proposal for an “Omnibus Regulation” to amend,

among other, the existing technical measures as a first step to adapt

the “acquis” to the new CFP.

Which other objective(s)

does the Commission

pursue?

Optimise the contribution of technical measures to achieving the key

objectives of the new CFP, i.e. to ensure the protection and

conservation of marine biological resources and the reduction of the

impact of fishing activities on fish stocks and on marine eco-systems

provisions

Create the flexibility required to adjust technical measures by

facilitating regionalised approaches (consistent with the objectives

in Union law).

Estimated savings and

benefits

Due to the limited availability of data, the estimated savings could

not be quantified. Simplification and reduction of administrative

burden were therefore extensively analysed qualitatively, without

defining specific quantitative targets.

kom (2016) 0710 - Ingen titel

Fishing authorisations

Overall state of Play

Proposal adopted on 10

December 2015

Pending in legislative

procedure

Summary:

Regulation (EC) No1006/2008 on Fishing Authorisation (the ‘FAR’)

deals with authorisations of Union vessels to fish outside Union

waters and authorisations granted to third country fishing vessels to

operate in Union waters. The revision of the FAR aims at clarifying

and simplifying the current provisions, in particular in terms of

responsibilities at Union, national and operator level, as well as

bringing the FAR in line with the Basic Regulation (Common

Fisheries Policy) and the Control Regulation. It proposes the

following:

- Harmonising procedures to grant fishing authorisations, and clear

allocation of tasks to the Commission, Member States and ship-

owners.

- Simplified system that aims to harmonise highly variable data

requirements from Member States and improve the control of the

external fishing fleets.

- Creation of a database managed by the Commission to increase

transparency in the activities of fishing vessels and facilitate the

communication of fisheries data in a using a unique standard (UN/

CEFACT)

- Ensured consistency with the IUU (rules to combat illegal,

unreported and unregulated fishing) and control legal frameworks;

as well as with the objectives of the external dimension of the CFP

policy in terms of sustainability and enforcement.

- Deterrence of 'abusive reflagging', meaning, changing the flag with

the objective of circumventing the laws, and regulating private

authorisations between ship-owners and a third country (granted

outside FPA).

Estimated savings and

benefits

Due to the limited availability of data, the savings could not be

quantified. Simplification and reduction of administrative burden

were therefore analysed qualitatively without defining specific

targets.

Summary

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State of Play:

Commission Proposal

the

Adopted

Commission on

December 2015

COM(2015)636

Which REFIT

objective(s) does the

Commission pursue?

Revision of the current Fishing Authorisation Regulation (FAR) to

simplify the current system, harmonise highly variable data

requirements from Member States and improve the efficiency of

sanctions.

The proposed Regulation will ensure consistency between the FAR,

the IUU (rules to combat illegal, unreported and unregulated fishing)

and control legal frameworks; as well as with the objectives of the

External Dimension of the CFP policy in terms of sustainability and

enforcement.

The proposal will also prevent repetitive and abusive reflagging,

meaning, changing the flag with the objective of circumventing the

laws, and regulate private authorisations (granted outside FPA) and

simplify and clarify tasks between the Commission and Member

States' authorities.

Which other objective(s)

does the Commission

pursue?

Estimated savings and

benefits

Revision of the current Fishing Authorisation Regulation (FAR) to

properly address the objectives of the new Common fishery Policy

and to provide consistency with the Fisheries Control Regulation

Due to the limited availability of data, the estimated savings could

not be quantified. Simplification and reduction of administrative

burden were therefore analysed qualitatively without defining

specific targets.

kom (2016) 0710 - Ingen titel

Fisheries Control Regulation

Overall state of Play

Evaluation Ongoing

and expected to be

finalised by Q4 2016

Follow-Up Planned for

2017

Summary:

The Commission carries out and evaluation and planes a proposal to

follow-up in 2017.

The evaluation of Regulation (EC) No 1224/2009 (hereinafter ‘the

Control Regulation’) responds to the legal obligation in Article

118(3) according to which an evaluation of the impact of this

Regulation on the Common Fisheries Policy (CFP) shall be

undertaken by the Commission five years after the entry into force.

Main goal of this evaluation is to get an overview on the current

status of implementation of the Control Regulation in the Member

States and its overall impact after five years from entry into force.

Estimated savings and

benefits

To be updated once the SWD is finalised.

Summary

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Priority 2: A Connected Digital Single Market

Overview

Overview of REFIT Initiatives in the area of Communications Networks, Content and Technology

Evaluation

Commission Proposal

Legal Act

Implementation

Domain Name Regulation

Evaluation planned

Commission proposal

Adoption foreseen Q3 2017

Legal protection of

databases

ENISA (European Union

Agency for Network and

Information Security)

Evaluation

planned

Evaluation

Started in October 2016,

planned to be finalised by

Q2 2017

Evaluation

Finalised Q2 2016

Commission Proposal

Adoption foreseen Q3 2017

Commission Proposal

Adoption foreseen end 2017

Audiovisual Media

Services Directive

Commission Proposal

25 May 2016

kom (2016) 0710 - Ingen titel

CRM

Commission Proposal

11 July 2012

Legal Act

26 February 2014

Implementation

Transposition deadline: 10

April 2016

Satellite and Cable

Directive 93/83/ECC

Framework for electronic

communications

networks and services

Strengthening Network

and Information Security

Evaluation

14 September 2016

Evaluation

14 September 2016

Commission Proposal

14 September 2016

Commission proposal

14 September 2016

Commission Proposal

7 February 2013

Legal Act

Implementation

Transposition Deadline 9 May

2018

06 July 2016

kom (2016) 0710 - Ingen titel

Overview of REFIT Initiatives in the area of Taxation and Customs Union

Evaluation

Commission Proposal

Legal Act

Implementation

VAT Mini One Stop shop /

Modernising VAT for

cross-border B2C

(Business to Consumer) E-

Commerce

Evaluation

Finalised by mid-2016

Commission Proposal

Planned for Q4 2016

kom (2016) 0710 - Ingen titel

Initiatives in the area of Communications Networks, Content and Technology

Domain Name Regulation

State of Play

Evaluation and

proposal planned for

2017

Summary

Over the past decade, the top Level Domain (TLD) market place has

undergone significant changes that provide both strategic challenges

and opportunities for the .eu top-level domain (TLD). An evaluation

of Regulation EC 733/2002 establishing the “.eu” top-level domain

(TLD) and Regulation EC 874/2004 laying down public policy rules

concerning the implementation and functions of the .eu top Level

Domain will be carried out in 2017. Its result will feed the revision

of those two Regulations, with the view to update them and ensure

that they remain fit-for-purpose.

Not available yet

Summary

Estimated savings and

benefits

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Legal protection of databases

Overall State of Play

Evaluation planned for

2017

Summary

The DSM strategy sets out the Commission's intention to address the

emerging issues of ownership, interoperability, usability and access

to data in situations such as business-to-business, business to

consumer, machine generated and machine-to-machine data.

Furthermore it plans to encourage access to public data to help drive

innovation.

Against this background, the objective of this evaluation will be (i)

to assess whether the Directive still fulfils its policy goals of

providing protection of databases, including those not protected

under copyright, while taking into account users' legitimate interests

and (ii) to determine whether the Directive is still adapted in view of

the development of new technologies, new business models based

on data exploitation, and emerging policy and legal frameworks on

data access and ownership in view of the growing importance of

data in today's economy.

Estimated savings and

benefits

Not available yet

Summary

kom (2016) 0710 - Ingen titel

ENISA (European Union Agency for Network and Information Security)

Overall state of Play:

Evaluation started Oct

2016 (results expected

Q2 2017) and proposal

planned for end 2017

Summary

This initiative focuses on the review of Regulation No 526/2013

(ENISA Regulation) that sets out the mandate, objectives and tasks

for the European Union Agency for Network and Information

Security.

ENISA's Regulation (art. 32) requires the Commission to conduct an

evaluation of the Agency by June 2018 and, based on its results, to

prepare for a possible revision of the current mandate, due to expire

in 2020.

The EU cybersecurity landscape is rapidly evolving both on the

threat side, with the increase in the frequency, sophistication and

potential impact of cyber-threats, and on the policy and regulatory

having regard to the recently adopted Directive on Security of

Network and Information Systems (NIS Directive) and the priorities

set by the Digital Single Market Strategy.

Against this background, the Commission will anticipate the review

of ENISA's Regulation in order to timely prepare for any decision

regarding the extension of the Agency's mandate and any changes to

it. The main objective is to assess to the performance and impact of

the agency in its current form and if needed propose a modified

mandate to best support the EU to achieve network and information

security policy objectives.

Estimated savings and

benefits

Not available yet

Summary

kom (2016) 0710 - Ingen titel

Simplification of Audiovisual Media Services Directive

Overall State of Play:

- evaluation May 2016

- proposal May 2016

(pending in legislative

procedure)

Summary:

The Commission carried out and evaluation and presented a

proposal in 2016.

The Audio-visual Media Services Directive (AVMSD) aims to

create and ensure the proper functioning of a single European

market for audio-visual media services, while contributing to the

promotion of cultural diversity, providing an adequate level of

consumer protection and safeguarding media pluralism. Its

evaluation confirmed the need for update and simplification.

The Commission proposal introduces new flexibility mechanisms

where restrictions only applicable to TV are no longer justified,

while at the same time ensuring that consumers will be sufficiently

protected in the on-demand and Internet world. This is done while

making sure that innovation will not be stifled.

The AVSMD will aim at enhancing the protection of minors

including in video-sharing platforms, a fair contribution of all media

services to cultural diversity, a fair treatment between TV

broadcasting and on-demand services and an improved

implementation of the Directive including via the revision of the

procedures supporting the country of origin principle and the

provisions related to the independence of regulators.

Due to the limited availability of data, costs and benefits of the

current AVMSD could not be quantified.

In relation with the Commission proposal savings are expected to

result from the simplification of the country of origin principle in the

area of commercial communications:

Summary

Estimated savings and

benefits

Regulators: savings can be up to EUR 5.3 milion per

year for the EU.

TV broadcasters: economic benefit resulting from the

flexibility of the 12 minutes rule can go up to EUR 122

million for one TV broadcasters. Economic benefits

related to product placement can go up to EUR 1.2

million per year for the EU and for sponsorship up to

EUR 441 million for the EU per year.

kom (2016) 0710 - Ingen titel

State of Play:

Evaluation



Scope:

Finalised Q2

2016

SWD(2016)0170

SWD(2016)0171

Evaluation of the Audio-visual Media Services Directive (AVMSD)

- Directive 2010/13/EU.

The evaluation concluded that there is scope for simplification,

specifically of the procedures that support the application of the

Country of Origin principle (i.e. the criteria determining jurisdiction

over providers and the derogation and cooperation procedures

limiting freedom of reception and retransmission in specific cases).

Some other rules are no longer fit to attain these objectives,

primarily due to market developments and changes in viewing

patterns. In particular, the evaluation has shown that there is room

for improving and updating the rules on commercial

communications.

The evaluation has identified two main sets of issues:

Evaluation findings:



Insufficient protection of minors and consumers when

consuming videos on video-sharing platforms.

Lack of a level playing field between traditional

broadcasting and on-demand services, and internal

market weaknesses stemming from the fact that some

of the AVMSD rules are not sufficiently precise.

Estimated savings and

benefits

The frequent changes in legislation and the varying nature of pre-

existing legislation at the national level made a quantification of

costs exceedingly complex.

Industry has been unable to contribute quantitative data on

compliance costs stemming from the AVMSD.

In the absence of data, the costs and benefits of the current AVMSD

could not be quantified.

kom (2016) 0710 - Ingen titel

State of Play:

Commission Proposal



25 May 2016

COM(2016)287

Simplify and clarify the procedures to apply the country of

orgin principle

Improve flexibility and clarity of rules on commercial

communications

Enhance consumer and minors protection, in video sharing

platforms

Establish more effective and fair rules on promotion of

European works

Ensure more effective and fair rules on the protection of minors

in on-demand services

Ensure regulatory impartiality across the EU.

Which REFIT

objective(s) does the

Commission pursue?

Which other objective(s)

does the Commission

pursue?

Estimated savings and

benefits

Savings quantified are related to country of origin principle:

Regulators: expected savings resulting from the facilitation of the

identification of the country of origin.

Rules on commercial communications no longer fit for purpose:

Regulators: savings can be up to EUR 5.3 milion per year for the

EU.

TV broadcasters: economic benefit resulting from the flexibility of

the 12 minutes rule can go up to EUR 122 million for one TV

broadcaster. Economic benefits related to product placement can go

up to EUR 1.2 million per year for the EU and for sponsorship up to

EUR 441 million for the EU per year.

kom (2016) 0710 - Ingen titel

Overall State of Play

proposal July 2012

- legal act Feb 2014

- transposition April

2016

- evaluation Apr 2021

Summary:

The Directive on collective management of copyright and related

rights and multi-territorial licensing of rights in musical works for

online use in the internal market (CRM Directive) is expected to

improve the functioning of Collective Management Organisations

(CMOs), in particular by increasing their transparency and

accountability towards their members and right holders.

Given that it is essential to create the conditions conducive to the

most effective licensing practices by CMOs in an increasingly cross-

border context, the Directive prescribes in addition basic conditions

for the provision by CMOs managing authors’ rights in musical

works of multi-territorial lincesing for online use.

The Commisison proposed an optional micro exemption for setting

up a supervisory function and for certain financial reporting

obligations, this exemption was not retained inlegislative procedure.

Estimated savings and

benefits

Due to the limited availability of data, savings (including the micro

exemption) could not be further quantified.

Implementation monitoring and an evaluation scheduled for 2021

will seek to quantify costs and benefits.

Costs: The bulk of yearly compliance costs stemming from the

preparation of annual accounts, the annual report and audit of the

accounts has been estimated at a relatively low level of EUR 5300

for small collecting societies – this corresponds to 0.4% of an EU

average small collecting society's annual turnover.

Summary

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kom (2016) 0710 - Ingen titel

State of Play:

Commission Proposal



Proposal

adopted on 11

July 2012

COM(2012)372

A micro exemption was proposed for setting up a supervisory

function and for certain financial reporting obligations. This was an

option for Member States to exempt micro-enterprises aimed at

minimising the regulatory burden of these companies.

- ensure the better governance and greater transparency of collective

rights management on behalf of rightholders.

- facilitate the multi-territorial licensing of online rights of authors in

musical works by collective management organisations and make it

easier for online service providers to obtain such licences.

Due to the limited availability of data, savings (including the micro

exemption) could not be further quantified.

Implementation monitoring and an evaluation scheduled for 2021

will seek to quantify costs and benefits.

Costs: Most costs stemming from the application of the Directive's

provisions relate to the application of new rules for the handling of

funds (no data available), financial reporting and audit (the overall

cost is estimated at approximately EUR 4.1 million per year on

average for all collecting societies in the EU - depending on the size

of the CMO, this would amount to EUR 5300 for small, EUR 14100

for medium-sized and EUR 46,700 per large collecting society.

Which REFIT

objective(s) does the

Commission pursue?

Which other objective(s)

does the Commission

pursue?

Estimated savings and

benefits

State of Play:

Legal Act



Adopted in

legislative

procedure on 26

February 2014

Directive

2014/26/EU

The optional exemption for micro-companies proposed by the

Commission was removed by the legislator.

However, the final adopted text strengthens the position of micr-

company right holders whose rights are managed by CMOs

CMOs manage funds of third parties (right holders) and it is argued

that right holders including SMEs should be involved in the

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Outcome of Legislative

Procedure

kom (2016) 0710 - Ingen titel

monitoring of activities of the CMO management and have access to

reliable information.

Estimated savings and

benefits

The fact that the exemption was removed means that the regulatory

burden on micro-enterprises is not expected to be minimised.

During the discussions in the Council the issue was raised that the

burden would not be too high on micro-CMOs because generally

their activity is on a smaller scale and therefore the financial

reporting obligation would be proportionally less burdensome (as

the financial data would be much simpler than in the case of large

CMOs).

State of Play:

Implementation



Transposition

Deadline: 10

April 2016

Report on the

application of

the Directive to

be done by April

2021

In May 2016, infringement proceedings have been launched against

those Member States that had not transposed the Directive into

national law. To date, 11 Member States have communicated their

national implementing measures to the Commission.

According to Article 40 of the Directive, an evaluation / report on

the application of the Directive is to be completed by 10 April 2021.

Implementation reported

by MemberStates

Impacts / Savings

Confirmed?

No evidence on impacts is provided given the recently expired

deadline for transposition.

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kom (2016) 0710 - Ingen titel

Review of the Satellite and Cable Directive 93/83/ECC

Overall State of Play



evaluation sept 2016

proposal Sept 2016

Summary



(pending in

legislative

procedure)

Summary:

The Commission proposed a revision of the Satellite and Cable

Directive in 2016 following to an evaluation.

The evaluation was carried out to assess the functioning of the

Directive as well as to help in assessing whether the similar

mechanisms as set out in the Directive should be extended to cover

broadcasters' online transmissions and certain retransmission

services.

The evaluation showed that the mechanisms put in place by the

Directive have facilitated the clearance of copyright and related

rights for cross-border satellite broadcasts and for the simultaneous

retransmissions by cable of broadcasts from other Member States.

It however pointed out that the directive - due to the technology-

specific nature of its provisions - does not apply to the new digital

technologies used for transmission and retransmission of TV and

radio programmes that have emerged in recent years.

Building on those findings, the

Commission made a proposal for a

new Regulation in order to facilitate access to more television and

radio programmes from other EU countries.

In particular, it introduces the application of the country of origin to

some online transmissions of broadcasting organisations, and the

collective management of rights to retransmissions by means

equivalent to cable.

The proposed regulation is expected to enhance consumers’ access

to TV and radio programmes from other Member States.

Estimated savings and

benefits

Due to the limited availability of data, both the costs and benefits of

the current Directive and the savings of the Commission proposal

could not be quantified.

The proposed regulation is expected to reduce transaction costs for

broadcasters and operators of retransmission services whereby

enabling them to offer broadcasters’ online services across

borders/to retransmit TV and radio programmes from other Member

States.

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State of Play:

Evaluation



Scope:

Finalised - 14

September 2016

SWD(2016)308,

SWD(2016)309

Evaluation of all the core provisions of Directive 93/83/EEC

establishing, respectively, the "country of origin" principle for

satellite broadcasting and the two-stop-shop copyright clearing

mechanism for cable retransmission (individual licensing by

broadcasters combined with mandatory collective management of all

other - "underlying" - rights).

The evaluation showed that the mechanisms put in place by the

Directive have facilitated the clearance of copyright and related

rights for cross-border satellite broadcasts and for the simultaneous

retransmissions by cable of broadcasts from other Member States.

It however pointed out that the directive - due to the technology-

specific nature of its provisions - does not apply to the new digital

technologies used for transmission and retransmission of TV and

radio programmes that have emerged in recent years.

Effectiveness:

there are indications that the specific mechanisms

introduced by the Directive have facilitated the clearance of

broadcasts and for the simultaneous retransmissions by cable of

broadcasts from other Member States. Similarly, these mechanisms

can be considered to have contributed to ensuring a high level of

protection for right holders and have improved, to different extents,

access to TV and radio programmes from other Member States. The

negotiation and mediation mechanisms established under the

Directive have been used to a varying, but overall limited, degree;

they were found helpful in the cases where they have been used.

EU added value:

with regard to satellite broadcasting, the Directive

has provided significant added value, since no action with a

comparable result could have been taken at the Member State level.

As regards cable retransmission, action at the Member State level is

possible, but the Directive has provided added value by establishing

harmonised rules across the internal market.

Evaluation findings:

Estimated savings and

benefits

Despite a limited amount of evidence, the Directive can be

considered to have been a cost-efficient and beneficial intervention.

It has not created administrative burden or significant compliance /

implementation costs for either stakeholders or Member States.

The Directive has helped to reduce the transaction costs for the

licensors and the licensees. Certain identified specific costs resulting

from the application of the Directive (CMO fees charged for

managing cable retransmission rights) can be regarded to be

104

kom (2016) 0710 - Ingen titel

outweighed by benefits - savings in transaction costs.

However, it was not possible to obtain quantitative data concerning

the potential costs and benefits generated by the application of the

Directive.

This is mainly due to the following factors: (i) the confidentiality of

such data; (ii) the difficulty of extracting data concerning the

Directive from wider data sets; (iii) the fact that the Directive has

been in place for a long time

State of Play:

-adopted on 14 September

2016

-COM(2016)594

Which REFIT

objective(s) does the

Commission pursue?

Commission Proposal

Building on the experience with the application of the Satellite and

Cable Directive, the Commission proposed to adopt a new

Regulation which aims at facilitating access to more television and

radio programmes online from other EU countries and at facilitating

certain retransmissions of television and radio programmes from

other Member States.

In particular, it introduces the application of the country of origin to

some online transmissions of broadcasting organisations, and the

collective management of rights to retransmissions by means

equivalent to cable.

A review of the existing provisions of the Satellite and Cable

Directive has not been proposed, as no particular issues with its

application have been identified.

Which other objective(s)

does the Commission

pursue?

Estimated savings and

benefits

The Commission pursues the objective to improve cross-border

access to television and radio programmes in Europe.

Based on the Impact Assessment carried out by the Commission in

2016, the proposed measures would reduce the transaction costs (in

particular, for broadcasting organisations and operators of

retransmission services), while it is not expected to have disruptive

effects on right holders. The introduction of mandatory collective

management of rights for certain retransmissions would affect the

licensing choices of right holders but only in a limited manner. The

proposed measures would enhance consumers’ access to TV and

radio programmes from other MS and thus bring benefits to

consumers.

However, it was not possible to obtain data for quantification of the

estimated costs and benefits (data confidentiality).

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Regulatory framework for electronic communications networks and services

Overall State of Play

Summary



Evaluation Sept

2016

Proposal Sept

2016 (pending in

legislative

procedure)

The EU's regulatory framework for electronic communications is a

series of rules which apply throughout the EU Member States. It

encourages competition, improves the functioning of the market and

guarantees basic user rights. The overall goal is for European

consumers to be able to benefit from increased choice thanks to low

prices, high quality and innovative services. EU law has helped the

prices of telecoms' services fall by around 30% in the past decade.

The rules are simple, flexible, technology-neutral and aim at

deregulation in the longer term.

Building on the evaluation of the framework which dates from 2009,

the review of the telecoms framework aims at adapting the current

regime to the main market and technological developments occurred

in the sector. In recent years, market structures have evolved, with

monopolistic market power becoming increasingly limited, and at

the same time electronic communications and the telecoms sector in

particular have now acquired a vital importance for most sectors of

the overall economy. Consumers and businesses are increasingly

relying on data and internet access services instead of traditional

telephone and other communication services.

Summary:

Estimated savings and

benefits

The Commission proposal is expected to lead to an increase of

investment and consumption with a cumulative effect on growth of

1.45 % and on employment of 0.18% by 2025, assuming the reforms

are implemented by 2020. Labour productivity is also expected to

increase by 0.8% during the period 2020-2025.

In terms of access regulation, the proposal tabled by the

Commission is expected to lead to an increase of the period in

between successive market reviews from 3 to 5 years, which should

increase certainty for stakeholders and reduce administrative costs.

Costs savings have been estimated at 10-15% of the current costs

involved with market reviews (a saving of up to €7.5m)

More consistent spectrum assignment will generate total benefits of

€146.5 billion a year. The preferred option for services might

contribute to cost savings in the telecoms and many other industries.

The only foreseeable additional costs are associated with the

number-related obligations imposed on providers of OTT

communication services and those related to access to emergency

services when a standardised technical solution is available.

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State of Play:

Finalised 14 September

2016

SWD(2016)313

Scope:

Evaluation

Evaluation of: the Framework Directive 2002/21/EC as amended,

the Authorisation Directive 2002/20/EC as amended, the Access

Directive 2002/19/EC as amended, the Universal Service Directive

2002/22/EC as amended, the BEREC Regulation 1211/2009, the

Radio Spectrum Decision 676/2002/EC, the Radio Spectrum Policy

Group Decision 2002/622/EC, Decision 243/2012/EU establishing a

multiannual radio spectrum policy programme (RSPP).

The specific objectives of the framework (promoting competition,

realising the single market and protecting consumer interests)

remain valid; most regulatory areas remain relevant e.g., spectrum

management and access regulation.

The regulatory framework has been effective in delivering a

competitive sector overall, with benefits for end-users; the

achievements of the framework in protecting end-users and in

ensuring a safety net (universal service) are significant;

Regulatory consistency has been achieved only to a limited extent;

Connectivity has emerged as the underlying driving force for digital

society and the digital economy, underpinned by technological

changes and evolving consumer and market demands;

The benefits of the framework - for most operators, end-users and

society as a whole - greatly outweigh the costs of implementing it;

A certain level of complexity is unavoidable to ensure a well

weighted intervention

However, in several areas, administrative burden could be reduced

without making the provisions less effective.

Evaluation findings:

Estimated savings and

benefits

Due to the limited availability of data, the costs and benefits of the

existing framework could not be quantified.

In the absence of reporting requirements imposed by the regulatory

framework on Member States and operators regarding

administrative costs and burdens, the efficiency conclusions are

qualitative, rather than based on actual calculations.

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State of Play:

- Proposal adopted

14/09/2016

- COM(2016)590

Which REFIT

objective(s) does the

Commission pursue?

Commission Proposal



The initiative aims to remove legislation which has become

obsolete or not necessary, such as a number of lex specialis

provisions concerning end-user rights, where the lex

generalis provides adequate end-user protection.

It aims at ensuring coherence with other pieces of EU law,

such as in the area of audiovisual, consumer and data

protection. Furthermore, coherence between regulation

aimed at incentivising competitive network roll-out and the

EU financing and State aid rules in the sector is reinforced.

It aims at ensuring consistency in particular by recasting

four Directives and their amendments (from 1 up to 3

amendments each) into one comprehensive and consistent

Directive.

Ipso facto,

the recasting increases the readability

and accessibility of EU electronic communications law.

Overall, this has a significant simplification effect.

The initiative seeks to enhance the effectiveness of the

framework by harmonising the competences of the national

regulatory authorities and by empowering them to act in all

areas which are relevant for regulation.

The procedures and steps necessary for imposing ex ante

sector specific regulation have been simplified wherever this

was possible without compromising the quality and

appropriateness of the resulting regulation.

Which other objective(s)

does the Commission

pursue?

The general objective is to ensure that the pro-competitive

framework leads to unconstrained connectivity as the basis for a

digital single market.

The specific objectives are:



to contribute to ubiquitous connectivity in the internal

market.

to promote competition and user choice in the internal

market.

to simplify the regulatory intervention and to achieve

internal market coherence.

The internal market remains an objective of the framework and

underpins each objective of the review.

A number of potential synergies and trade-offs between objectives

have also been identified.

Estimated savings and

benefits

The Commission proposal is estimated to lead to an increase of

investment and consumption and it is expected that there will be a

cumulative effect on growth of 1.45 % and on employment of

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0.18 % by 2025, assuming the reforms are implemented by 2020.

Labour productivity is also expected to increase by 0.8 % during the

period 2020-2025.

The Commission proposal is expected to lead to an increase of the

period in between successive market reviews from 3 to 5 years,

which should increase certainty for stakeholders and reduce

administrative costs. Costs savings have been estimated at 10-15%

of the current costs involved with market reviews (a saving of up to

€7.5m).

More consistent spectrum assignment will generate total benefits of

€146.5 bn a year. The preferred option for services might contribute

to cost savings in the telecoms and many other industries.

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Strengthening Network and Information Security (NIS)

Overall State of Play:

Legal Act Adopted by the

Legislator and Benefits

Retained

Summary:

The Commission proposed reinforcing cyber-security in the Union

by ensuring that all Member States have minimum capabilities and a

strategy for a high level of Network and Information Security (NIS)

in their terittory, and developing the cooperation between competent

authorities through the creation of a network between national

authorities and the Commission.

An exemption for micro-enterprises was foreseen in the original

proposal as regards security and notification requirements.

Other benefits relate to the effects of increased confidence in the

digital economy and a likely cost reduction of security incidents,

including malicious attacks.

The proposal was adopted by the legislator in July 2016 (Directive

(EU) 2016/1148).

Estimated savings and

benefits

The directive increases confidence in the digital economy and

decreases costs of security incidents, including malicious attacks.

According to the World Economic Forum, in the next ten years there

is a 10% likelihood of a major Critical Information Infrastructure

breakdown with potential economic damages of over $250 billion.

Due to the limited availability of data, estimated savings could not

be further quantified.

In relations with costs, the total additional NIS compliance costs are

estimated to be in the range of EUR 1 to 2 billion. -The total cost for

notifying breaches on an annual basis at the EU level is estimated to

be EUR 212 500.

Summary

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State of Play:

Commission Proposal



Adopted 7

February 2013

COM(2013)48

final

The proposal includes an exemption for micro-enterprises.

Under Article 14(8), microenterprises (as defined in Commission

Recommendation 2003/361/EC) are exempted from the security and

notification requirements under Article 14(1) and 14(2), which

provide that public administrations and market operators:



take appropriate technical and organisational measures to manage

the risks posed to the security of the networks and information

systems which they control and use in their operations; and



notify to the competent authority incidents having a significant

impact on the security of the core services they provide.

Which REFIT

objective(s) did the

Commission pursue?

Which other objectives

did the Commission

pursue?

Estimated savings and

benefits

The aim of the Directive is to reinforce cyber-security in the Union

by ensuring that all Member States have minimum capabilities and a

strategy for a high level of NIS in their territory, and developing the

cooperation between competent authorities through the creation of a

network between national authorities and the Commission.

Savings:

Assessing the magnitude of the possible benefits is extremely

difficult for a number of reasons as for example the incomplete view

of the frequency and gravity of NIS incidents.

NIS incidents would have no or little impact when NIS measures are

in place. Other benefits are more general and relate for example to

the effects of increased confidence in the digital economy. There is a

likely contribution to decreasing the costs of security incidents,

including malicious attacks. According to the World Economic

Forum, in the next ten years there is a 10% likelihood of a major

Critical Information Infrastructure breakdown with potential

economic damages of over $250 billion.

Due to the absence of data, estimated savings could not be further

quantified.

Costs:



Costs for the Member States:

The costs for NIS capabilities and cooperation would vary across the

Member States, according to the respective current level of

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preparedness.

Approximately EUR 2.5 million per CERT (Computer Emergency

Response Team) in case there is a country that has not yet

established national/governmental CERT body.

As regards NIS competent authorities, it is likely that Member States

would choose to designate existing bodies as competent authorities

and assign additional tasks to these bodies. The corresponding

additional average costs would be EUR 360 000 per Member State.

The total theoretical maximum cost would be EUR 9.72 million

across the EU and de facto lower, since some Member States already

have coordinating cyber security centers or bodies in place.

As regards pan-European cyber-incident exercises, the estimated

costs per MS for one exercise (assuming that it takes place every

two years) is EUR 55 555.

The costs related to the cooperation among the competent authorities

within the network would stand at approximately EUR 6000 per

year per Member State.



Compliance costs for public administrations and key

private players concerning security measures:

The total additional NIS compliance costs are estimated to be in the

range of EUR 1 to 2 billion.



Costs for public administrations and key private players

associated with reporting NIS incidents with a significant

impact:

The total cost for notifying breaches on an annual basis at the EU

level is estimated to be EUR 212 500.

State of Play:

Legal Act



Adopted by the

Legislator on

06/07/2016

Directive (EU)

2016/1148

The definition of "operators of essential services" which will be

required to take appropriate security measures and to notify serious

incidents to the relevant national authority was extended by water

and digital infrastructure sectors (initially operators in the energy,

transport, banking, financial market infrastructures and health

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Outcome of Legislative

Procedure

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sectors).

As regards digital service providers (DSPs) the agreed text covers

online marketplaces (equivalent to e-commerce platforms in the

original proposal), cloud computing services and search engines.

Compared with the original proposal, it does not include internet

payment gateways, as these are now covered by the revised Payment

Services Directive; application stores, as these are to be understood

as being a type of online marketplace; and social networks, as per

the Council's political agreement with the European Parliament.

Overall, the agreed text endorses the core objectives of the

Commission proposal, namely to ensure a high common level of

security of network and information systems.

Estimated savings and

benefits

No changes to the estimated costs and benefits in legislative

procedure.

State of Play:

Implementation



Application on

10 May 2018

Transposition

Deadline 9 May

2018

Evaluation

Planned for 9

May 2021

Not available yet.

Implementation reported

by MemberStates

Estimated savings and

benefits

Not available yet.

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Initiatives in the area of Taxation and Customs Union

VAT Mini One Stop shop

Overall state of play

evaluation results

expected Q4 2016

Proposal planned for

Q4 2016

Summary:

The Mini One Stop Shop (2008/8/EC) has been introduced in 2015

in order to simplify the payment of VAT for B2C supplies of

telecommunications, broadcastings and electronically supplied

services under the new place of supply rules.

The emerging findingsof the evaluation of the Mini One Stop Shop

show that the new rules have been implemented effectively and are

widely appreciated by business and the majority of Member States.

Building on the success and lessons learnt, the Commission intends

to modernize and extent the Mini One Stop Shop to cross-border

B2C (Business to Consumer) E-Commerce.

Estimated savings and

benefits and benefits

It is estimated that the Mini One Stop Shop mechanism has saved

business EUR 500 million or EUR 40 000 per business compared to

the alternative of direct registration (95% reduction compared to the

alternative of direct registration).

A proposal to extend and modernise the Mini One Stop Shop is

expected to reduce administrative burdens for business by EUR 2.3

billion annually.

Summary

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State of Play:

evaluation results

expected Q4 2016

Scope:

Evaluation

Evaluation of the Mini One Stop Shop (2008/8/EC) which is applied

since 1 January 2015.

The assessment covers the implementation of the Mini One Stop

Shop to ensure that it meets its primary objective of simplifying the

payment of tax for B2C supplies of telecommunications,

broadcastings and electronically supplied services under the new

place of supply rules.

Evaluation findings:

The new place of supply rules for intra-EU supplies of

telecommunications, broadcasting and electronically supplied

services are an important step in ensuring the destination principle of

VAT which is the agreed position of the Commission and Member

States. However, it is recognised that the destination principle also

makes life more difficult and costly for businesses who are required

to account for the VAT due to the Member States of their

consumers, and therefore simplification measures are needed.

Overall, the emerging findings of the evaluation show that the new

rules have been implemented effectively. In particular, the business

community has been very satisfied with the introduction of the 2015

changes, Business has recognised the efforts taken to communicate

these changes and the issuance of comprehensive guidance material.

Business has also recognised the benefits of bringing together

business and Member States prior to the introduction of the changes

to ensure that these were workable.

The introduction of the Mini One Stop Shop is seen by business and

the majority of Member States as an essential system for the

collection of taxes and making compliance as easy as possible. The

timely and relatively error-free introduction of 28 individual but

intra-connected IT portals now used by in excess of 12 000

businesses is a significant achievement.

It should also be recognised that such a system whereby Member

States are collecting substantial tax revenues on behalf of each other

is not only a key milestone for the EU VAT system but also for the

single market.

There are, however, lessons to be learned from the 2015 changes

notably regarding the lack of a cross-border threshold as well as the

rules for the identification of the location of customers have caused

difficulties for micro-businesses and start-up. These issues can be

addressed in the new initiative on B2C without causing distortions

in the single market. Another key consideration, driven by the spirit

of the Digital Single Market (DSM) strategy, is that doing business

cross-border should be as similar as possible as doing business

within the/your own Member State.

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In the new proposal scheduled for 2016 to extend the Mini One Stop

shop to cross-border supplies of tangible goods, the Commission

and Member States intend to consider both the positives and the

learning points from the 2015 changes. The need to have clear rules

and robust IT specifications together with ongoing support from the

Commission services is essential. It is also critical that any changes

are communicated to those businesses who will be affected, whether

in the EU or in third countries. In this respect, particular attention

needs to be focused on SMEs with both the Commission and

Member States reaching out to such businesses. In addition, it is

essential that Member States introduce a cross-border e-commerce

compliance strategy to ensure that any abuses are identified and

addressed, and therefore businesses will face a level playing field.

Estimated savings and

benefits

The Mini One Stop Shop has been very successful with EUR 3

billion paid through it in 2015, representing up to EUR 18 billion in

trade and 70% of the total in this sector. This mechanism has saved

business in one year EUR 500 million or EUR 40 000 per business

(95% reduction compared to the alternative of direct registration),

and thus contributed to reducing unnecessary burdens on business.

State of Play:

Commission Proposal



Planned for Q4

2016

Proposal to Modernise VAT for cross-border B2C (Business to

Consumer) E-Commerce.

The inititive will simplify VAT rules and break down VAT barriers

for cross border trade and make it easier for businesses to register

and account for VAT in respect of cross-border B2C supplies of

goods and services. It is expected that small start-up e-commerce

businesses will benefit most.

This initiative was recommended by the Commission expert group

on taxation of the digital economy. It will facilitate the Digital

Single Market and provide a level playing field for business.

Which REFIT

objective(s) will the

Commission pursue?

Which other objectives

will the Commission

pursue?

The proposal will aim at:



extending the current single One Stop Shop mechanism to

cross-border (intra-EU and third country) online sales of

tangible goods to private consumers,

introduce a common EU-wide simplification measure (VAT

threshold) to help small start-up e-commerce businesses,

allow for home country controls including a single audit of

cross-border businesses for VAT purposes.

remove the import VAT exemption on importation of small

consignments from suppliers in third countries, together

with the introduction of simplified collection measures.

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It builds on the REFIT evaluation of the current Mini One Stop

Shop.

Estimated savings and

benefits

The proposal is expected to reduce administrative burdens for

business by EUR 2.3 billion annually. It should also be stressed that

it is estimated that 430 000 businesses will benefit from the new

microbusiness threshold.

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Priority 3: A resilient Energy Union with a Forward-Looking Climate Change Policy

Overview

Overview of REFIT Initiatives in the area of Climate Action

Evaluation

Commission Proposal

Legal Act

Implementation

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Fuel Quality Directive

Evaluation

Expected to be finalised in

Q1 2017

Heavy Duty Vehicles CO2

emissions monitoring

system

Commission proposal

Planned 2017

CO2 emissions from cars

Evaluation

Finalised in 2015

Commission proposal

Planned 2017

CO2 emissions from vans

Evaluation

Finalised in 2015

Commission proposal

Planned 2017

Fluorinated greenhouse

gases

Commission proposal

07 November 2012

Legal act

01 January 2015

Legal act

21 June 2012

Implementation

Application on 1 January

2015

Implementation

Application on 1 January

Verification and

accreditation of CO2

emissions

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2013

Emissions monitoring and

reporting of greenhouse

gases

Carbon Capture and Storage

Directive 2009/31/EC

Binding annual greenhouse

gas emission reductions by

Member States from 2021

to 2030

Evaluation

15 January 2015

Evaluation

Finalised in July 2016

Commission proposal

20 July 2016

Legal act

01 January 2013

Implementation

Application on 1 January

2013

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Overview of REFIT Initiatives in the area of Energy

Evaluation

Commission Proposal

Legal Act

Implementation

Renewable Energy

Evaluation

Adoption planned Q4 2016

Commission proposal

Foreseen adoption Q4 2016

Commission proposal

Foreseen adoption Q4 2016

Review of the Directive

2010/31/EU on the energy

performance of buildings

(EPBD)

Regulation of the Supply

Agency of the European

Atomic Energy Community

Safety Standards for

Radiation Protection

Evaluation

Planned for Q4 2016

Commission proposal

Planned for 4Q 2016

Commission proposal

29 September 2011

Legal act

5 December 2013

Implementation

Application on 6 February

2018

Energy Union Governance

–

Planning and Reporting

obligation

Evaluation

Adoption planned Q4 2016

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Overview of REFIT Initiatives in the area of Taxation and Customs Union

Evaluation

Commission Proposal

Legal Act

Implementation

EU legal framework for

energy taxation (Energy Tax

Directive)

Evaluation

Planned for 2017

Overview of REFIT Initiatives in the area of Transport

Evaluation

Commission Proposal

Legal Act

Implementation

Combined Transport

Evaluation

Finalised in 20 April 2016

Commission proposal

Planned for 2017

Commission proposal

Planned for 2017

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Promotion of Clean and

Energy-efficient Road

Transport Vehicles ("clean

Evaluation

External evaluation report

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vehicles")

Revision of the Eurovignette

Directive 1999/62

European Electronic Toll

Service (EETS)

finalised September 2015

Commission proposal

Planned for 2017

Evaluation

SWD planned to be finalised

Q4 2016

Commission proposals

Planned for 2017

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Initiatives in the area of Climate action

Fuel Quality Directive

Overall state of play

Evaluation results

expected by Q1 2017

Summary:

Evaluation of the Fuel Quality Directive, concerning Directive

98/70/EC relating to the quality of petrol and diesel fuels (the Fuel

Quality Directive (FQD)). Evaluation on a number of specific

Articles of the FQD (articles 1 to 9a, excluding article 7a to 7e).

Information not yet available.

Summary

Estimated savings and

benefits

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Heavy Duty Vehicles CO2 emissions monitoring system

Overall state of play

Proposal planned in

2017

Summary:

The Commission is considering a proposal for a Regulation of the

European Parliament and of the Council on the Monitoring of Heavy

Duty Vehicles' (HDV) fuel consumption and CO2 emissions with a

view to improving purchaser information. - Action to reduce the

emissions and energy consumption of HDVs is in line with the

Commission priorities set out in the Energy Union Communication

and in the Low-emission mobility Strategy.

Measures to increase fuel efficiency and reduce CO2 emissions from

heavy duty vehicles and buses are envisaged in the Energy Union

Communication and in the Low-emission mobility Strategy.

Such measures will increase market transparency and ensure a better

understanding of CO2 emission levels and fuel consumption from

these vehicles. Increasing market transparency will facilitate the

uptake of the most energy efficient HDVs, thereby improving EU

road transport's competitiveness as fuel represents a significant share

of its operating costs. The increased push for fuel-efficient

technology should also contribute to the competitiveness of the

European HDV industry.

This measure is also a necessary step for other medium to long term

policy measures, such as emissions standards. This is because

neither fuel consumption nor CO2 emission from HDVs are

currently measured in a standardised manner.

Information not yet available.

Summary

Estimated savings and

benefits

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CO2 emissions from cars

Overall state of play

Legal act

April 2009

Evaluation 2015

Proposal planned for

2017

Summary:

Summary

Regulation (EC) No 443/2009 sets out the framework for reducing

emissions of new passenger cars thereby contributing to

meeting the global challenge of keeping climate change below 2º C

of pre-industrial levels by reducing GHG (Green Houses Gases)

emissions in the EU.

Regulation (EU) No 333/2014 amends the 2009 Regulation and

defines the modalities of meeting the target of 95 g CO

/km for new

passenger cars. By proposing exemptions from the CO

targets for

manufacturers with less than 1000 car registrations, the new

Regulation reduces administrative burden without negative effects

for the overall CO

reductions.

The Regulations establish a regulatory regime until around 2020

and, because of the long timeframe needed for industry planning,

request the Commission to make new proposals for the period after

this.

The Commission is planning to revise these regulations in 2017.

Regulation (EC) No 443/2009 has been subject to a REFIT

evaluation (report issued in 2015), together with the similar

Regulation on light commercial vehicles (vans).

Taken together, cars and vans account for around 15% of EU CO2

emissions and 17% of final energy consumption.

Further action to reduce the emissions and energy consumption is in

line with the Commission priorities set out in the Energy Union

Communication.

Estimated savings and

benefits

The economic benefit of the introduction of a de-minimis treshold

for small-volume manufacturers under Regulation (EU) No

333/2014 is to reduce the administrative burden for each

manufacturer by around € 25,000 and for the Commission by around

€10,000 per application, as the need for a derogation procedure is

avoided

So far, data on the number of manufacturers that benefitted from the

exemption from the targets that was introduced by the legislation is

limited and the benefits on the ground of this change cannot be

properly assessed yet. In 2015, 24 car manufacturers have made use

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of the exemption, representing 0.029% of car registrations in that

year. There is no data available yet to quantify the actual reduction

in administrative burden as it is too early.

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State of Play:

Commission Proposal



Proposal

planned for 2017

To reduce the climate impact of cars in line with the requirements of

EU climate policy and the 2030 climate and energy framework in a

cost-effective, technology and competitively neutral manner while

improving the competitiveness of EU manufacturing.

Car emissions of CO

represent a large share of current EU

greenhouse gas emissions. Ensuring that greenhouse gas emissions

from these vehicles are reduced forms a key part of the least cost

approach to meeting the EU's climate objectives.

Which REFIT

objective(s) will the

Commission pursue?

Which other objectives

did the Commission

pursue?

Estimated savings and

benefits

Information not yet available.

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CO2 emissions from vans

Overall state of play

Legal act May 2011

Evaluation 2015

Summary

Proposal planned for

2017

Summary:

Regulation (EC) No 510/2011 sets out the framework for reducing

CO2 emissions from new light commercial vehicles (vans).

Regulation (EU) No 253/2014 sets out the modalities of meeting the

target of to 147 g CO2/km for new vans. By proposing exemptions

from the CO2 targets for manufacturers with less than 1000 van

registrations, the new Regulation reduces administrative burden

without negative effects on the overall CO

reductions.

The Regulations establish a regulatory regime until around 2020

and, because of the long timeframe needed for industry planning,

request the Commission to make new proposals for the period after

this.

The Commission is planning to revise these regulations in 2017.

Regulation (EC) No 510/2011 has been subject to a REFIT

evaluation (report issued in 2015), together with the similar

Regulation on cars.

Taken together, cars and vans account for around 15% of EU CO2

emissions and 17% of final energy consumption.

Further action to reduce the emissions and energy consumption is in

line with the Commission priorities set out in the Energy Union

Communication.

Estimated savings and

benefits

The economic benefit of the introduction of a de-minimis threshold

for small-volume manufacturers under Regulation (EU) No

253/2014 is to reduce the administrative burden for each

manufacturer by around € 25,000 and for the Commission by around

€10,000 per application, as the need for a derogation procedure is

avoided.

So far, data on the number of manufacturers that benefit from the

exemption that was introduced by the legislation is limited and the

benefits on the ground of this change cannot be properly assessed

yet. In 2015, 9 van manufacturers have made use of the exemption,

representing 0.11% of van registrations in that year. There is no data

available yet to quantify the actual reduction in administrative

burden as it is too early.

State of Play:

Evaluation

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Finalised in 2015

No evaluation SWD

(contractor report)

Scope:

Evaluation of Regulations 443/2009 and 510/2011 on CO2

emissions from light-duty vehicles

The evaluation support study confirms that the 2015 (cars) and 2017

(vans) emission targets have both been achieved before the deadline

and that manufacturers are in a strong position to meet their 2020

targets. It also confirms that the Regulations have a positive impact

on emission reductions for cars and vans as well as on energy

security. Also, their impact on competitiveness and innovation

seems to be positive.

Concerning the effectiveness of the Regulations, the evaluation

support study highlighted one significant weakness, i.e. the

increasing discrepancy between real-world and test cycle emissions.

This will be addressed by the switch to a new worldwide

harmonised test protocol (WLTP).

The problems with the test cycle have also affected the efficiency of

the legislation as the benefits have been smaller than they would

have been if the divergence between test cycle and real-world

performance had not been increasing. The report also highlighted

that the costs to manufacturers estimated ex-ante were much higher

than has been the case in reality. Both Regulations have generated

net economic benefits to society and the targets for both have proved

to be much cheaper to reach for manufacturers than predicted.

However, lifetime fuel expenditures savings have been lower than

expected, mostly because of the increasing divergence between test

cycles and real-world emissions performance. These aspects will be

considered in the impact assessment supporting the new

Commission proposals to revise the legislation.

Estimated savings and

benefits

Both of the Regulations have generated net economic benefits to

society. The car CO2 Regulation has abatement costs of -€46 per

tonne of CO2 abated, compared to ex-ante estimates of +€32/tCO2

to +€38.7/tCO2. The overall cost effectiveness of the LCV

Regulations has been estimated at -€173/tCO2, which compares

favourably with the ex-ante estimates of -€38.9/tCO2 to €32.6/tCO2.

The LCV CO2 Regulation has also generated net emissions savings,

although these are smaller than anticipated, primarily because the

baseline emissions used in the Impact Assessment are likely to have

been overestimated.

Costs to manufacturers have been much lower than anticipated,

because abatement technologies have, in general, proved to be less

costly than expected. For passenger cars, the ex-post average unit

costs associated with meeting the fleet-average 130 gCO2/km target

have been estimated at €183 per car. By contrast, the ex-ante

estimates ranged from €430 to €984 per car. For LCVs, average ex-

post costs for meeting the 175 gCO2/km target have been estimated

at €115 per vehicle, as opposed to the ex-ante estimate of €1,037 per

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vehicle.

Part of the reason that the ex-ante costs for LCVs were so high is

because the level of effort required to reduce emissions to 175 g

CO2/km is likely to have been overestimated for the original Impact

Assessment.

Lifetime fuel expenditure savings for both cars and LCVs have been

lower than originally anticipated in the Impact Assessment,

primarily because of the increasing divergence between test cycle

and real-world emissions performance. Linked to these fuel

expenditure savings are losses in fuel tax revenues. For passenger

cars, fuel tax revenues are estimated to have reduced by €22 billion

over the time period 2006 to 2013, whilst for LCVs, the reduction in

fuel tax revenue over the period 2010 to 2013 is estimated to be €1

billion.

State of Play:

Commission Proposal



Proposal

planned for 2017

To reduce the climate impact of cars and light commercial vehicles

in line with the requirements of EU climate policy and the 2030

climate and energy framework. This should be done in a cost-

effective, technology and competitively neutral manner while

improving the competitiveness of EU manufacturing.

Light commercial vehicle emissions of CO

represent a large share

of current EU greenhouse gas emissions. Ensuring that greenhouse

gas emissions from these vehicles are reduced forms a key part of

the least cost approach to meeting the EU's climate objectives.

Which REFIT

objective(s) did the

Commission pursue?

Which other objectives

did the Commission

pursue?

Estimated savings and

benefits

Information not yet available.

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Fluorinated greenhouse gases

Overall state of play

Proposal Nov 2012

Legal act adopted Jan

2015

Summary

The initiative is aiming at a more ambitious legislation on reducing

fluorinated greenhouse gas emissions in the Union while keeping a

cost-effective approach and respecting the principle of

proportionality.

Companies that trade (import, export, produce) less than 100 tons of

CO2 equivalent of fluorinated greenhouse gases per annum are

exempted from reporting requirements.

Member State authorities that need to fullfil new obligations in

relation to training and certification programmes of personnel and

companies can do so with minimum efforts since the new

Regulation allows for adaptations to existing systems, also allowing

time for these adaptations to take place (until 2017).

Estimated savings and

benefits

Reduction of administrative burden for SMEs due to the exemption

from reporting requirements. However, savings are expected to be

relatively limited since the market of fluorinated greenhouse gases is

dominated by a limited number of large suppliers.

Mitigation of administrative requirements by allowing for

adaptations to existing certification and training systems, in due

time.

Summary

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State of Play:

Commission Proposal



07/11/2012

COM(2012)643

Which REFIT

objective(s) did the

Commission pursue?

The objective of the Commission proposal was to simplify and

clarify Regulation (EC) No 842/2006 by minimising administrative

burden while ensuring a higher level of ambition in reducing the use

of fluorinated greenhouse gases in the Union.

In the Commission proposal, companies that trade (import, export,

produce) 1,000 tonnes of CO2 equivalent or less of fluorinated

greenhouse gases per annum are exempted from reporting

requirements. This exemption benefits predominantly SMEs.

Which other objectives

did the Commission

pursue?

The proposed Regulation aimed at reducing the use of fluorinated

gases which account for around 2% of all EU greenhouse gas

emissions but have a much more potent global warming effect by

creating tradeable quotas for their use. The gradual reduction in their

use is to be achieved principally by issuing supply quotas to circa

100 large EU firms.

The benefit is the cost efficient saving of 71 Mt CO2eq by 2030 or

two-thirds of today's HFC emissions. Overall economic effects are

small, with the input/output model suggesting a small, positive

impact on overall output (up to 0.009%) and GEM-E3 predicting a

small decline (up to -0.006).

Estimated savings and

benefits

State of Play:

Legal Act



Adopted by the

Legislator on

01/01/2015

Reference

Regulation (EU)

No 517/2014

The impact of the reduction of the reporting threshold from 1000

tons to 100 tons is limited since the market of fluorinated

greenhouse gases is dominated by a limited number of large

suppliers.

However, the replacement of the proposed ban on pre-filling of

equipment before import in the EU was replaced by an authorisation

system which increased the number of companies affected by the

quota-system considerably (now >1500 companies registered). This

negative impact has now been mitigated by implementing a flexible

mechanism allowing small companies to more easily obtain such

authorisations at lower costs and via a userfriendly online tool.

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Outcome of Legislative

Procedure

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Estimated savings and

benefits

No update of the savings estimations carried out.

State of Play:

Implementation



Application on

January 2015

Data on implementation is not yet available, as the Regulation

applied from 1 January 2015.

Information pending

Implementation reported

by MemberStates

Estimated savings and

benefits

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Verification and accreditation of CO2 emissions

Overall state of play

Legal act adopted June

2012

Summary:

The Commission Regulation (EU) N° 600/2012, laying down

provisions for the verification of emissions reports, minimises as

much as possible the cost of verification by applying a risk-based

approach and allowing the waiver in certain cases of the obligation

to conduct site visits of EU ETS operators' installations.

Reduced cost of verification for EU Member States and for EU ETS

operators through a proportionate approach and a reduced number of

site visits. Due to the limited availability of data, the savings could

not be quantified.

Summary

Estimated savings and

benefits

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State of Play:

Legal act



21 June 2012

Commission

Regulation (EU)

No 600/2012

The Regulation was proposed in order to establish a simplified

system of annual verification and accreditation of CO2 emissions,

drawing on national best practices. This system aims at application

of a consistent approach based on internationally agreed standards

and a proportionate basis including possibility to reduce as much as

possible the number of site visits without affecting the robustness of

the verifier's opinion.

To this end, the Regulation defines conditions for waiving the

necessity of site visits to certain installations. It mainly concerns

installations:



Analysed through a risk analysis and where all relevant

data can be remotely accessed by the verifier

With low emissions, i.e. emitting less than 25,000 tonnes of

CO2 per annum

With straightforward processes and systems

Which REFIT

objective(s) did the

Commission pursue?



Which other objectives

did the Commission

pursue?

Estimated savings and

benefits

This Commission Regulation lays down provisions for the

verification of emissions reports submitted pursuant to the EU

Emissions Trading System (Directive 2003/87/EC) and for the

accreditation and supervision of verifiers.

The cost of verification varies greatly depending on the relative

wealth of the country (affecting the wages and other costs), the scale

of emissions and the size and complexity of the installation

concerned. Due to the limited availability of data, the savings could

not be quantified. A recent study commissioned by the European

Commission (2016) estimates that the average cost of verification,

for EU ETS operators to be ca. 6800 euros per installation. The

verification system adds credibility to reported data and reduces the

costs that would otherwise be incurred by the Member States (the

need for them to validate data, systems and carry out site

inspections).

State of Play:

Implementation



Application on

January 2013

Implementation reported

All installations benefit from the risked-based approach forming the

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by MemberStates

basis of the Commission Regulation.

The EU Member States are only required to approve the verifier's

decision not to carry out a site visit in the case of larger installations.

All small emitters (60% of all installations) may waive site vists

simply based on the verifier's professional recommendation.

The Commission, in consultation with the EU Member States

regularly updates its templates and guidance documents with a view

to continual improvement of the cost-effectiveness of the system,

minimising costs for operators and EU Member States. The most

recent update was endorsed on 19/08/2016 concerning further

appropriate relaxations possible in the criteria applying to waive of

verifier site visits.

Estimated savings and

benefits

Information pending

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Emissions monitoring and reporting of greenhouse gases

Overall state of play

Legal act adopted in June

2012

Summary:

The Commission Regulation (EU) N° 601/2012 on the monitoring

and reporting of GHG emissions, minimises as much as possible the

cost of monitoring by, for example, a tiered approach proportionate

to scale of emissions, allowed derogations to avoid unreasonable

costs, additional derogations for small emitters, and provision for

application of simplified monitoring plans.

Reduced monitoring costs for EU ETS operators and EU Member

States thanks to the various dispensations provided by the

Regulation, especially simplified monitoring plans. Due to the

absence of data, the savings could not be quantified..

Summary

Estimated savings and

benefits

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State of Play:

Legal act



21 June 2012

Commission

Regulation (EU)

No 601/2012

Small emitters producing less than 25,000 tonnes CO2 per annum

are automatically allowed to apply a simplified monitoring plan.

Aircraft operators are allowed to produce simplified monitoring

plans provided they operate 243 flights or fewer over a four month

period or produce less than 25,000 tonnes CO2 per annum .

The Regulation was proposed in order to improve the monitoring

and reporting of greenhouse gas emissions to support

implementation of Directive 2003/87/EC which established a trading

scheme for greenhouse gas emissions.

Due to the limited availability of data, the savings could not be

quantified. The cost of monitoring and reporting varies greatly

depending on the relative wealth of the country (affecting the wages

and other costs), the scale of emissions and the size and complexity

of the installation concerned. A recent study commissioned by the

European Commission (2016) estimates that the average cost of

monitoring amounts to:



For EU Member States: on average ca. 720 euros per

installation

For EU ETS operators: on average, ca.. 35,000 euros per

installation

Which REFIT

objective(s) did the

Commission pursue?

Which other objectives

did the Commission

pursue?

Estimated savings and

benefits

State of Play:

Implementation



Application on

January 2013

The opportunity for Member States to take further advantage of

costs savings within the existing regulatory framework is

recognised. For example, only six countries (5 EU Member States

and Lichtenstein) have so far reported that they have applied the

option of allowing installations to use standardised or simplified

monitoring plans. In addition, only three countries (2 EU Member

States and Iceland) have reported used of a simplified tool

developed by Eurocontrol for small aviation emitters. The

Commission continues work to raise Member State awareness of

available cost-saving oportunities.

Information not yet availabile.

Implementation reported

by MemberStates

Estimated savings and

benefits

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Carbon Capture and Storage Directive

Overall state of play

Evaluation published

January 2015

Summary:

The CCS Directive is considered as fit-for-purpose and as putting

the necessary regulatory framework in place for safe CO2 capture,

transport and storage while allowing the Member States sufficient

flexibility in the implementation of the CCS Directive. The

evaluation found that the guidance documents need to be revised

when there is more experience with CCS projects in the EU, which

is not expected to happen before 2020. The Commission is

following continuously the developments in the sector.

Due to the limited availability of data, it was not possible during the

evaluation to assess the efficiency of the CCS Directive. The impact

assessment for the CCS Directive estimates the administrative costs

to 2030 to be €17.8 million, with 70% of this falling on operators,

26% on Member States and 4% on the Commission. In 2015, the

evaluation support study concluded that there has not yet been

enough experience of CCS regulation to doubt, or suggest

adjustments to those numbers, though the lack of experience also

means that they cannot be confirmed.

Summary

Estimated savings and

benefits

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State of Play:

Finalised on 15 January

2015

No evaluation SWD

(contractor report)

Scope:

Evaluation findings:

Evaluation

Evaluation of Carbon Capture and Storage Directive 2009/31/EC

The CCS Directive is considered as fit-for-purpose and as putting

the necessary regulatory framework in place for safe CO

capture,

transport and storage while allowing the Member States sufficient

flexibility in the implementation of the CCS Directive. The

guidance documents need to be revised once there is more

experience with CCS projects.

At the time of the evaluation, it was not possible yet to provide an

answer on the efficiency of the CCS Directive as there was

insufficient evidence. The impact assessment for the CCS Directive

estimates the administrative costs to 2030 to be €17.8 million, with

70% of this falling on operators, 26% on Member States and 4% on

the Commission. In 2015, the evaluation support study concluded

that there has not yet been enough experience of CCS regulation to

doubt, or suggest adjustments to those numbers, though the lack of

experience also means that they cannot be confirmed.

Estimated savings and

benefits

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Binding annual greenhouse gas emission reductions by Member States from

2021 to 2030

Overall state of play

Proposal made in July

2016 pending in

legislative procedure

Summary:

The objective of the Commission proposal is to achieve 30%

greenhouse gas emission reductions in the the sectors outside of the

EU Emissions Trading System (non-ETS) compared to 2005, in a

manner that is fair for Member States given their different

capacities, while ensuring cost efficiency and environmental

integrity at EU level.

The proposed Regulation will reduce administrative costs associated

with compliance monitoring and reporting by approximately

€345,000-460,000 per year.

Summary

Estimated savings and

benefits

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State of Play:

Commission Proposal



Adopted

20/07/2016

COM/2016/0482

Less frequent compliance checks are recommended in the

Commission proposal, i.e. every five years instead of annually, that

will significantly reduce the administrative burden for both Member

States and the European Commission while maintaing and

simplifying annual reporting.

The Commission proposal sets national emission targets for every

Member State for 2030 expressed as a percentage reduction from

2005 emission levels as well as access to new flexibilities to achieve

those targets cost effectively. Collectively, these national targets

give an overall EU reduction of 30% in the sectors covered by the

proposal. The 2030 targets range from 0% to -40% compared to

2005 levels.

It was estimated that a domestic 40% reduction of GHG emissions

would lead to additional energy system costs of 0.15–0.54%

compared to GDP in 2030.

Administrative costs associated with compliance checks will be

reduced by approximately €345,000-460,000 per year.

There are no direct reporting obligations or other administrative

consequences for businesses, SMEs or micro-enterprises.

Which REFIT

objective(s) did the

Commission pursue?

Which other objectives

did the Commission

pursue?

Estimated savings and

benefits

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Initiatives in the area of Energy

Renewable Energy

Overall state of play

Pending

Evaluation and legislative

proposal planned for

adoption end 2016

Summary:

The Commission is evaluating the Renewable Energy (RES)

Directive and is planning to make a poposal to follow-up on its

results before the end of 2016.

The European Council in October 2014 set a binding EU-level

target of at least 27% for the share for renewable energy (RES) in

final energy consumption in the EU by 2030. The planned

Renewable Energy Package, including a proposal for a renewed

Renewable Energy Directive will ensure the delivery of the

renewable energy target for 2030 as set by the European Council.

Preliminary findings of the evaluation of the current Renewable

Energy Directive showed a number of shortcomings while

confirming the overall effectiveness of the directive. Hence, whilst

Member States are on track to meet their nationally binding

renewable energy target for 2020, progress towards more

streamlined authorisation procedures is limited and the Guarantees

of origin scheme is not yet working effectively. Lack of clear

provisions on grid access rules, best practice for support schemes

and cooperation mechanisms resulted in more costly than necessary

renewable energy deployment.

The Commission Proposal for a new Renewable Energy Directive

will address these shortcomings. It will establish an accountable and

reliable system for target achievement, create the market conditions

that allow for cost-efficient financing and integration of renewable

energy into the market, address remaining challenges with regard to

the mainstreaming, deployment, uptake and integration of

renewable energy in the EU energy markets, improve the bioenergy

sustainablity policy and promote cooperation between Member

States in regional approaches.

Estimated savings and

benefits

The proposal will ensure the cost-efficient delivery of the binding

EU-level target of at least 27% of renewable energy in the EU's

final energy consumption.

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Additional information on the savings will be provided once the

Commission proposal has been adopted.

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State of Play:

Evaluation



Publication

planned end

2016

Evaluation of the Renewable Energy (RES) directive (Directive

2009/28/EC on the promotion of the use of energy from renewable

sources).

The entire Directive was evaluated with the exception of the

reporting, planning and monitoring obligations for Member States

and Commission which are covered by the parallel REFIT exercise

on monitoring and reporting in the energy acquis. It mainly covers

the period 2010-2015 (noting that RES Directive already dates back

to 2001) and the 28 Member States.

Scope:

Preliminary evaluation

findings:

The Directive has met its main measurable objective (Member

States are currently on track for 2020 RES targets) and overrriding

policy objectives (GHG reduction, security of supply,

competitiveness).

However, the emerging findings of the evaluation indicate that cost

effectiveness is compromised by 1) lack of clear provisions for

biofuel sustainability 2) lack of detailed guidance on support

schemes and cooperation mechanisms 3) changes compared to the

original proposal in the finally adopted proposal (Guarantees of

origin), but then in return improved again by much faster than

anticipated technology cost decreases. The Directive scored well

with stakeholders in the Fitness Check concerning the binding

common reporting template, less well for administrative costs linked

to biofuels sustainbility. Coherence with internal market provisions

will be looked at in depth in the upcoming review.

Estimated savings and

benefits

Benefits:



GHG (Green house Gases): 380 Mt of gross avoided CO2

emissions at EU level in 2014. Fossil fuel displacement:

renewables' production allowed the EU to cut its demand for

fossil fuels by 114 Mtoe in 2014 (approximately 10 % of

total fossil fuel consumption).

Avoided imported fuel costs: they amounted to around

€20bn in 2014 due to increasing use of renewable energy.

Direct influence of RES policies on GDP remains below

0.5% in 2014. Employment in the RES sector has grown in

the EU despite the economic crisis and exceeded original

estimations. The EU renewable energy industry currently

employs 1.11 million workers. The EU is one of the key

global players with regard to net employment creation in the

renewable energy sector. In 2014, it had the second highest

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per-capita employment in the area of renewable energy

sector, behind Brazil. In the same year, the RES industry

had a combined turnover of 144 billion EUR.



Costs:

No full quantification possible as Member States are not obliged to

submit cost data. Partial quantification based on data availability,

see below.

Support costs:



The EU 28 weighted average RES & CHP support cost

tripled from 2008 to 2015. In 2015, Germany recorded the

highest rate of RES & CHP support accounting for 6.3

€c/kWh (household prices). The smallest amount of the

same cost, 0.45 €c/kWh, was recorded in Croatia

Spain's annual feed-in premium/feed-in tariff payments of

around EUR 6.8 billion in 2013 supported 73.8 TWh of

generated electricity. As a result of support scheme reform,

this has been reduced to EUR 5.4 billion in 2015 to support

56.9 TWh179. Germany spent EUR 20.4 billion for the EEG

surcharge in 2013 and EUR 21.8 billion in 2015 for approx.

160 TWh of generated electricity.

The reporting obligation in Art 22 of the RES Directive

causes median annual costs for Member States at 4,407

Euros with high benefits. (source REFIT energy acquis).

The evaluation found the administrative burden from the

biofuel sustainability scheme quite significant with one-off

costs estimated at 120.000 euros and annual running costs of

40.000 per Member State.

In 2013, European companies held 30% of all patents for

renewable technologies.



State of Play:

Commission Proposal



Proposal

planned for end

2016

Simplification and modernisation to make sure the Renewable

Energy Directive remains fit for purpose

Which REFIT

objective(s) does the

Commission pursue?

Which other objective(s)

does the Commission

pursue?

The initative will target (jointly with the initative on energy union

governance) ensuring that the new 2030 EU level target is attained

collectively, create the market conditions that allow for the cost-

efficient financing and integration of renewable energy into the

market, address the remaining challenges with regard to the

mainstreaming, deployment, uptake and integration of renewable

energy in the EU energy markets, improve the bioenergy

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sustainablity policy and promote cooperation between Member

States in regional approaches.

Estimated savings and

benefits

Information not yet available.

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Energy performance of buildings

Overall state of play

Evaluation and

legislative revision

planned for publication

/ adoption end 2016

Summary:

The Commission is

energy performance

propose a legislative

finance for smart

package).

evaluating Directive 2010/31/EU on the

of buildings (EPBD) and is planning to

review on this basis including the "Smart

buildings" initiative (Energy Efficiency

Summary

The energy efficiency contribution to moderation of demand is

one of the key dimensions to achieve a resilient Energy Union. In

this context especially the buildings sector has an important

efficiency potential. The buildings stock is the largest single

energy consumer in the EU and represents 40% of EU energy

consumption. In addition, about 75% of the housing stock is

energy inefficient and has a high cost-effective energy efficiency

potential. The REFIT evaluation found that the EPBD resulted in

a strengthening of minimum energy performance requirements in

building codes in Member States between 2005 and 2013 of e.g.

66% for new buildings in France and 60% for new and existing

residential buildings in Ireland.

Efficiency could be boosted if renovation rates would increase

from the current estimated 0,5-1,2% to above 2%. However there

is a need to stimulate investment by buildings owners and to

address the issue that financing if often hampered by the small-

scale of many building projects.

The evaluation revealed relatively limited regulatory failures. It

showed that there is however scope for simplifying and

streamlining outdated measures, and for enhancing compliance

through fine tuning of existing provisions and better linking them

with financial support. Additionally the evaluation points to the

scope for modernisation of the Directive in the light of

technological developments and the need to increase building

renovation rates while supporting the decarbonisation of buildings

in the long-term.

The main objective of the review of the EPBD, including the

'Smart Financing for Smart Buildings' initative is therefore to

address these shortcomings and to promote a greater take-up of

energy efficiency in the buildings sector. This will help deliver

cost-effective greenhouse gas emission reductions and contribute

to ensuring the securty of energy supply in the EU. The initative is

also expected to have a positive impact on the overall economy

and especially SMEs by improving the competetiveness of

European construction and energy services industries while

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boosting innovation and creating or retaining jobs in Europe.

Estimated savings and

benefits

In 2013, 37 Mto additional final energy savings in buildings in the

households and services sectors were achieved compared to 2007.

During the same period, GHG emissions are estimated to have

been reduced by 63 Mt CO2 (i.e. 8% of the 1990 emissions of

household and service sector), mainly in the household sector.

72,000 direct and indirect maintained jobs can be associated with

the energy renovation of the EU building stock.

The Commission proposal is expected to deliver an additional 28

MtoE of energy savings. The transposition of the revised

Directive results in additional compliance cost and administrative

costs such as an estimated additional €1bn – €3bn average annual

investment for installation/upgrading of building automation.

However, the removal of the obligation to conduct a study on the

feasibility of alternative high efficiency alternative systems for

new buildings could lead to cost savings of ca 200 million

Euros/year.

The simplified inspection regime for Member States authorities is

estimated to result in savings of average 200 euros per inspection

for ca. 13.5 million occasions of inspections in non-domestic

buildings in the 15 concerned Member States during 2020-2030

(assuming full compliance).

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State of Play:

Evaluation



Planned for Q4

2016

Evaluation of Directive 2010/31/EU on the energy performance of

buildings.

As the transposition deadline was 9 July 2012 and the application

deadline for most provisions 9 January 2013, limited data is

available about the actual impact of the recast EPBD.

Scope:

Preliminary Evaluation

findings:

The evaluation shows that the Directive is effective and is delivering

on its general and specific objectives.

There is evidence of around 48.9 Mto of additional final energy

savings in 2014 in buildings compared to the 2007 baseline of the

EPBD. These savings occur mainly within the scope of the EPBD –

space heating, cooling and domestic hot water – and a significant

part can be attributed to factors influenced by policy interventions.

This figure of 48.9 Mto in 2014 is in line with the 2008 Impact

Assessment supporting the EPBD, which estimated that the

Directive would deliver 60 to 80 Mto of final energy savings by

2020.

The evaluation shows that the overall architecture of the Directive,

combining minimum requirements and certification, is working, in

particular for new buildings.

Targets for all new buildings to be of nearly zero-energy by 2020

have proved to set a

'future-proof'

vision for the sector and mobilise

stakeholders accordingly.

However, the evaluation identified ways in which national

transposition and implementation can be further developed through

better enforcement, compliance monitoring and evaluation.

At EU level, opportunities for simplification or modernisation of

outdated provisions and streamlining existing provisions in the light

of technological progress were detected (e.g. in particular, the

requirement to assess the technical, environmental and economic

feasibility of high-efficiency alternative systems, or the regular

inspection of heating and air conditioning systems ).

In conclusion, the evaluation reveals relatively limited regulatory

failures. There is however scope for simplifying and streamlining

outdated measures, and for enhancing compliance through fine

tuning of existing provisions and better linking them with financial

support. Additionally the evaluation points to the scope for

modernisation of the Directive in the light of technological

developments and the need to increase building renovation rates

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while supporting the decarbonisation of buildings in the long-term.

Estimated savings and

benefits

Benefits:

In 2013, compared to the recast EPBD's 2007 baseline, around 37

Mtoe additional final energy savings were realised in buildings in

the households and services sectors (neutralising other factors such

as climate , and the economic crisis). During the same period, GHG

emissions are estimated to have been reduced by 63 Mt CO2 (i.e.

8% of the 1990 emissions of household and service sector), mainly

in the household sector. 72,000 direct and indirect maintained jobs

can be associated with the energy renovation of the EU building

stock. The EPBD intervenes in synergy with other EU legislation

(notably for product efficiency) and is thus expected to have

contributed to such benefits.

By design, the EPBD includes provisions to ensure its cost-

effectiveness. The cost-optimal benchmarking methodology to steer

existing national energy performance requirements towards cost-

efficient levels is working. This methodology ensures that Member

States are not required to set minimum energy performance

requirements which are not cost-effective over the estimated

economic lifecycle. Member States have made use of this option.

Costs:

Concerning EPCs, certification is sometimes seen as an

administrative burden. However, with a relatively limited additional

transaction cost (in the range of 85-140 € for an apartment or single

family house EPC, valid for 10 years), EPCs are proven to have

positively influenced property valuation (in the range of up to 5-10%

higher sale or rental prices both for the sale and rental market, hence

effectively contributing to the creation of a demand driven market

for energy efficiency in buildings.

As regards administrative costs, the 2010 revision ensured

continuity of national efforts to transpose and implement the 2002

EPBD. The main provisions, scope and structure were therefore

retained in a conscious effort to ease transposition of the 2010

Directive and limit related administrative burden. Member States

have estimated total costs of national implementation at a level of

160.8M€ for all Member States (without clarifying if these are

linked to the recast EPBD specifically).

Finally, the 2010 Directive has partially succeeded in ensuring that

buyers/tenants/owners receive good quality information at a

reasonable cost on the energy performance of buildings and about

the performance of their heating and air-conditioning systems (see

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specific sections below).

Due to the diversity and disaggregation of the buildings sector, it

remains challenging to acquire good data on building characteristics,

energy use, and financial implications of renovation in terms of cost

savings or asset values. This lack of data has negative consequences

on the market perception of the cost-effective energy saving

potential of the EU building stock, on enforcement tracking, on

monitoring and evaluation. EPC registers/databases can be a key

instrument for reinforced compliance, improve the knowledge on the

building stock and better inform policy makers and support the

decisions of market players.

Enforcement, compliance and implementation represent a challenge

for several aspects of the EPBD.

State of Play:

Proposal planned for Q4

2016

Which REFIT

objective(s) did the

Commission pursue?

Commission proposal

Simplification and modernisation to make sure the EPBD remains

fit for purpose.

Review of the Directive 2010/31/EU on the energy performance of

buildings (EPBD), including the "Smart finance for smart

buildings" initiative (Energy Efficiency package).

The general objective of the review of the EPBD, including the

'Smart Finance for Smart Buildings'

Initiative is to promote greater

take-up of energy efficiency in the buildings sector and deliver cost-

effective greenhouse gas emission reductions as well as to contribute

to ensuring security of energy supply in the Union.

Specific objectives of the initiative are (1) to address the

shortcomings identified by the evaluation of the EPBD so as to

ensure it remains fit for purpose (REFIT component); and (2) to

consider the need for additional measures relating to energy

efficiency and the use of renewable energy in buildings, with a 2030

perspective; (3) to deliver improved access to funding and stimulate

investments ('Smart

Financing for Smart Buildings').

Which other objectives

did the Commission

pursue?

Estimated savings and

benefits

The Commission proposal is likely to include a proposal to remove

the obligation to conduct a study on the feasibility of alternative

high efficiency alternative systems for new buildings – under Article

6 of the EPBD- which could lead to cost savings of ca 200 million

Euros/year.

It further proposes a simplified inspection regime for Member State

authorities which are estimated to result in savings of average 200

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euros per inspection for ca. 13.5 million occasions of inspections in

non-domestic buildings in the 15 concerned Member States during

2020-2030 (assuming full compliance).

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Regulation of the Supply Agency of the European Atomic Energy Community

Overall state of play

Proposal planned for Q4

2016

Summary and benefits:

The Commission is planning a legislative update in order to:

- redefine, to the extent necessary, the working methods of European

supply agency (ESA), in coherence with the market evolution;

- alleviate, to the extent feasible, procedural burdens on market

players, though taking due account of Euratom Law requirements;

- analyse the past experience on contractual information, with more

precise indicators;

- concentrate on areas where diversification is still a challenge and

further enhance diversification requirements;

- better monitor the nuclear material flows in and out of the

Community with a view to security of supply.

Estimated savings and

benefits

The planned actions concern updating the current rules (which have

been revisited the last time 40 years ago) with a view to achieving

more legal certanity, streamlining procedures and increasing

effectiveness and efficiency.

Summary

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State of Play:

Commission Proposal



Proposal

planned for Q4

2016

Simplification aspects include the extension of the application of

simplified contract procedures from natural uranium to also special

fissile materials.

Legislative update of the Regulation of the Supply Agency of the

European Atomic Energy Community of 5 May 1960 determining

the manner in which demand is to be balanced against the supply of

ores, source materials and special fissile materials (OJ P 032

11/05/1960 p. 0777-0779, and OJ L 193 25/07/1975 p. 0037-0038)

Which REFIT

objective(s) did the

Commission pursue?

Which other objectives

did the Commission

pursue?

The existing Rules of the Supply Agency have not been modified

since 1975, and therefore it is necessary to update and clarify them

to take into account changes in the functioning of the nuclear fuel

market. The existing Rules would be repealed and replaced.

Information not yet available.

Estimated savings and

benefits

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Safety Standards for Radiation Protection

Overall state of play

Proposal adopted Sept

2011

Legal act adopted Dec

2013

Application Feb 2018

Summary:

The revision merges five Directives to improve their coherence and

clarity and to ensure better operational implementation of the

requirements.

The new Basic Safety Standards Directive offers now in a single

document and a coherent and consistent set of definitions and

requirements for the protection of workers, patients and members of

the public.

Estimated savings and

benefits

Due to the limited availability of data, the savings could not be

quantified. The assessment is qualitative.

Summary

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State of Play:

Commission Proposal



Adopted on

29/09/2011

COM(2011)593



Merging of five Directives to improve the coherence of Euratom

legislation. The proposal further improves the clarity of the text

and ensures better operational implementation of the

requirements.



The new Basic Safety Standards Directive offers now in a single

document and a coherent and consistent set of definitions and

requirements for the protection of workers, patients and members

of the public.

Which REFIT

objective(s) did the

Commission pursue?

Which other objectives

did the Commission

pursue?

Modernisation of the European Basic Safety Standards in radiation

protection by taking account of the latest scientific knowledge and

technological progress, as well as of operational experience with

current legislation, and consolidating the existing acquis of Euratom

radiation protection legislation into one single piece of legislation,

merging five Directives and upgrading a recommendation to become

legally binding.

Given data limitations, quantification has not been carried out.

Estimated savings and

benefits

State of Play:

Legal Act



Adopted – on

track

5 December

2013 – Council

Directive

2013/59/EURAT

The REFIT objectives (simplification through consolidation)

proposed by the Commission have been confirmed in legislative

procedure.

Given data limitations, quantification has not been carried out.

Outcome of Legislative

Procedure

Estimated savings and

benefits

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State of Play:

Implementation



Application on 1

February 2018

Transposition

Deadline 6 Feb

2018

Implementation will start after the transposition deadline, 6 February

2018.

Information not yet available.

Implementation reported

by MemberStates

Estimated savings and

benefits

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Energy Union Governance – Streamlining of Planning and Reporting

obligations

Overall state of play

Fitness Check results

expected end 2016

Summary:

The Commission carries out a Fitness check in order to establish an

inventory of 91 reporting and planning obligations in the EU energy

acquis and to assess whether they should be kept, abandoned or

integrated into the new Governance reporting framework.

Administrative burdens on Member States administrations has been

quantified at 227 million euros due to reporting and planning

obligations duties in 2020-2030 based on current provisions.

Summary

Estimated savings and

benefits

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State of Play:

Fitness Check



Ongoing -

adoption

planned end

2016

Assessment of 91 reporting and planning obligations in the EU

energy acquis contsining reporting and planning obligations for

Member States/Commission, with the view to determine whether

they should be kept, abandoned or integrated into the new

Governance reporting framework.

Preliminary results show that 39 obligations should be kept separate

from the streamlined energy union governance reporting, 19 should

be repealed, 18 be integrated into the new Governance reporting

framework and 15 kept separate.

(to be updated)

Scope:

Evaluation findings:

Estimated savings and

benefits

Costs occurred by all 28 Member States resulting from all energy

planning reporting and monitoring obligations are estimated at 20

million Euros per year.

Due to the limited availability of data, benefits could not be

quantified but are described qualitatively.

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Initiatives in the area of Taxation and Customs Union

EU legal framework for energy taxation (Energy Tax Directive)

Overall State of Play

Evaluation planned 2017

Summary :

Estimated savings and

benefits

Evaluation of the EU legal framework for energy taxation.

Evaluation

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Initiatives in the area of Transport

Combined Transport

Overall State of Play

Evaluation finalised on 20

April 2016

Proposal planned for

2017

Summary :

The Commission evaluated Council Directive 92/106/EEC of 7

December 1992 on the establishment of common rules for certain

types of combined transport of goods between Member States.

In order to further promote intermodal transport in the EU and thus

contribute to reducing emissions, the Commission will propose a

legislative revision in 2017.

The Directive is found to be relevant for its objective to reduce

negative externalities, however gaps were identified as regards

effectiveness and efficiency. On this basis, the Directive will be

revised to improve its efficiency and effectiveness and ensure

further promotion of intermodal transport in the EU.

Estimated savings and

benefits

A moderate shift of freight away from roads is estimated to create an

estimated annual saving of up to EUR 2.1 billion of external costs.

Summary

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State of Play:

Evaluation



Finalised - 20

April 2016-

SWD(2016)140

and

SWD(2016)141

Evaluation of Council Directive 92/106/EEC of 7 December 1992

on the establishment of common rules for certain types of combined

transport of goods between Member States

The Directive has considerably contributed to the development of

the combined transport (CT) market in the EU

(CT

operations in the

EU have quadrupled during the last two decades). However,

although the general freight transport volumes have grown

continuously, it has not been possible to considerably reduce the

share of road transport in the modal split of EU freight transport

activities. Therefore there is still a need for fostering modal shift

away from road to ensure less negative externalities for society. As

road transport continues to be cheaper and more flexible for various

reasons, support for the use of alternative modes is still needed.

The CT Directive improved the functioning of the internal market

and the competiveness of the CT industry, which in turn helps to

reduce negative externalities in the EU. Without EU level action, the

cross-border CT services would be faced with barriers resulting

from different legal systems making the cross-border CT services

uncompetitive at best and causing a reverse shift to road at worst.

However, some provisions are not entirely effective due to

ambiguous language or limited scope.

Inconsistent implementation by Member States and the limitations

on enforcement by the Commission are the main elements causing

efficiency loss. The provisions on the transport documents are also

inefficient.

Scope:

Evaluation findings:

Estimated savings and

benefits

During the period of 23 years that the Directive has provided

support to combined transport, considerable growth of the sector has

taken place supporting the aim of transport policy and shifting in the

magnitude of 2.5 trillion tonne-kilometres of freight away from

road. This shift creates a saving of up to €2.1 billion of external

costs annually (2011).

At the same time, the Directive does not create considerable

additional costs to the industry and the costs to national

administrations (cost of tax incentives) are considerably lower than

the benefits for the society. For example, for Germany, the annual

cost for tax reimbursements and exemptions is €2 mio annually.

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State of Play:

Commission Proposal



In preparation

for 2017

Simplification and improvement of effectiveness and efficiency

Which REFIT

objective(s) did the

Commission pursue?

Which other objectives

did the Commission

pursue?

Proposal for the amendment of the Directive 92/106/EEC of 7

December 1992 on the establishment of common rules for certain

types of combined transport of goods between Member States, to

improve the effectiveness and efficiency of the Directive as well as

ensuring further promotion of intermodal transport in EU. Certain

problematic provisions are to be clarified and simplified, which will

facilitate their implementation by Member States and bring about a

more uniform application across the EU. Extension of the scope will

be considered in the impact assessment.

Not yet available

Estimated savings and

benefits

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Promotion of Clean and Energy-efficient Road Transport Vehicles

Overall state of Play

planned

External evaluation report

finalised in Sep 2015

Commission proposal

planned for Q4 2017

Summary:

The Commission evaluated Directive 2009/33/EC on the promotion

of clean and energy efficient road transport vehicles (the “Clean

Vehicles Directive”) and is considering a legislative revision in

2017.

The Directive aims to stimulate the market for clean and energy-

efficient vehicles by requiring various procurers to take account of

lifetime environmental and energy impacts when purchasing road

transport vehicles.

While the needs at which the Directive is targeted, i.e. the need to

decrease transport’s CO2 and pollutant emissions and to increase its

energy efficiency and competitiveness, are pertinent, the evaluation

showed that tools applied were not able to achieve these goals. The

setup of the current Directive prevented it from having significant

impacts on the public procurement of all vehicle categories. Due to

developments in the services sector, the number of vehicles actually

purchased by public entities alone is not high enough to have a

substantial impact on the market and promote the up-take of

alternative vehicles.

Estimated savings and

benefits

The estimated achieved cost/benefit ratio of the current Directive is

very low but remains positive. The benefits of the policy – reflecting

CO2 and pollutant emissions reduction and fuel efficiency savings -

are estimated to be in the range of EUR 42.6 to EUR 521.1 million,

against total costs of around EUR 34.6 to EUR 431.0 million.

Summary

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State of Play:

External evaluation report

- September 2015

Scope:

Evaluation

Evaluation of Directive 2009/33/EC on the promotion of clean and

energy-efficient road transport vehicles

The impacts of the Clean Vehicle Directive are very limited to date

due to inter alia its extremely limited scope, the absence of a

definition of a “clean vehicle” and the perceived complexity of the

monetisation methodology which lead to public authorities using the

other given options given where transposition made this possible.

Therefore the estimated achieved overall benefit to cost ratio of the

Directive is extremely low but remains positive.

There is some evidence to suggest that the Directive and the

accompanying initiatives have supported best practice exchange.

A full repeal of the Directive would be unlikely to have significant

practical impacts on the market and the current level of demand for

clean vehicles.

With a repeal the broader message – provided by the only

harmonised methodology for the internalisation of external costs in

the acquis – would be lost. A repeal would only be possible together

with a linked amendment of the current horizontal public

procurement law.

For buses, waste collection vehicles and other heavy duty vehicles

primarily used by/in the service of public authorities, the potential

impact would probably be greater as there is a lack of a wider policy

framework to reduce the CO2 emissions of these vehicles.

A partial repeal – i.e. retaining only the monetisation methodology

in its current format – would bias towards diesel vehicles, which

already tends to be the dominant technology in the heavy duty

vehicle market.

Evaluation findings:

Estimated savings and

benefits

The estimated achieved cost/benefit ratio is very low but remains

positive. The benefits of the policy – reflecting CO2 and pollutant

emissions reduction and fuel efficiency savings - are estimated to be

in the range of EUR 42.6 to EUR 521.1 million, against total costs

of around EUR 34.6 to EUR 431.0 million. As the the monetisation

methodology for choosing clean and energy efficient vehicles has

not often been used by national authorities the administrative costs

associated with the Directive are relatively limited (less than EUR

2.3 million on an annual basis).

State of Play:

Commission Proposal

The general objective of the legislative revision of the Directive is to

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Planned for Q4 2017

Which REFIT

kom (2016) 0710 - Ingen titel

objective(s) did the

Commission pursue?

increase the demand and deployment of cleaner vehicles thus

strengthening the competitiveness of the EU industry while

decreasing CO2 and pollutant emissions of transport.

To achieve this goal, the specific policy objectives of this initiative

can be defined as (1) increasing the public procurement of all

categories of clean vehicles, (2) adjusting the available options to

provide adequate incentives to procure/develop cleaner vehicles and

(3) adjusting and simplifying the existing monetisation methodology

to remove counter-incentives to the procurement/development of

cleaner vehicles.

Which other objectives

did the Commission

pursue?

The purpose of the review is to tackle three main problems that were

detected by the ex-post evaluation of the CVD concerning (1) the

overall functioning of the Directive, (2) its ineffectiveness and

inefficiency in reducing GHG and pollutant emissions and (3) the

particularly high emphasis on fuel consumption in the monetisation

methodology. In turn, it should increase the demand for and

deployment of cleaner vehicles thus strengthening the

competitiveness of the EU industry while decreasing CO2 and

pollutant emissions of transport.

Information not yet available.

Estimated savings and

benefits

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Revision of the Eurovignette Directive

Overall state of Play

Commission proposal

planned for Q2 2017

Summary:

Revision of Directive 1999/62/EC of the European Parliament and

of the Council of 17 June 1999 on the charging of heavy goods

vehicles for the use of certain infrastructures

Directive 1999/62/EC provides common rules for deploying road

charges applicable to heavy goods vehicles on the TEN-T network

and on motorways.

Summary

Applying the user-pay and polluter-pay principle, the

Commission intends to propose improvements for those

Member States who choose to use road charging, including for

the interoperability of electronic tolling services.

The proposed revision of the Directive will address the following

objectives:

1. Preserve the TEN-T roads and broader EU road network in good

maintenance condition, to avoid disruptions in the European

transport system;

2. Reduce congestion on the roads which are of importance for

cross-border traffic (TEN-T network);

3. Reduce disparities in road charging policies across the EU to

better reflect the real cost of road use including environmental costs;

4. Ensure that road charging schemes do not discriminate non-

resident motorists.

Estimated savings and

benefits

Information not yet available.

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European Electronic Toll Service

Overall state of Play

evaluation results

expected end 2016

Legislative revision

planned planned for 2017

Summary

Summary:

The Commission is carying out an evaluation of Directive

2004/52/EC of the European Parliament and of the Council of 29

April 2004 on the interoperability of electronic road toll systems in

the Community. and is considering a legislative proposal within its

Work Programme for 2017.

Applying the user-pay and polluter-pay principle, the

Commission intends to propose improvements for those

Member States who choose to use road charging, including for

the interoperability of electronic tolling services

Estimated savings and

benefits

Information not yet available.

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State of Play:

evaluation results

expected end 2016

Scope:

Evaluation

Evaluation of Directive 2004/52/EC of the European Parliament and

of the Council of 29 April 2004 on the interoperability of electronic

road toll systems in the Community and Commission Decision

2009/750/EC of 6 October 2009 on the definition of the European

Electronic Toll Service and its technical elements (notified under

document C(2009) 7547)

Directive 2004/52/EC provides for the creation by the market of a

European Electronic Toll Service, according to the definition

provided in Decision 2009/750/EC.

Decision 2009/750/EC defines the European Electronic Toll Service,

the deployment of which by the market is mandated in Directive

2004/52/EC.

Evaluation findings:

Estimated savings and

benefits

Information not yet available.

State of Play:

Legislative revision

planned for 2017

Which REFIT

objective(s) did the

Commission pursue?

Commission Proposal

Revision of Directive 2004/52/EC of the European Parliament and

of the Council of 29 April 2004 on the interoperability of electronic

road toll systems in the Community.



Directive 2004/52/EC provides for the creation by the

market of a European Electronic Toll Service,

according to the definition provided in Decision

2009/750/EC.

Revision of Commission Decision 2009/750/EC of 6 October 2009

on the definition of the European Electronic Toll Service and its

technical elements (notified under document C(2009) 7547)



Decision 2009/750/EC defines the European Electronic

Toll Service, the deployment of which by the market is

mandated in Directive 2004/52/EC.

The proposed revision will address the following objective:

Wide-scale interoperability of electronic tolling services in the EU,

thereby facilitating cross-border movement of goods and people by

reducing the cost and burden of compliance with the obligation to

pay tolls.

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Which other objectives

did the Commission

pursue?

Estimated savings and

benefits

Information not yet available.

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Priority 4: A deeper and fairer internal market with a strengthened industrial base

Overview

Overview of REFIT Initiatives in the area of Competition

Evaluation

Commission Proposal

Legal Act

Implementation

Simplified procedure for

Merger Control

Evaluation

Planned in 2017

Legal act

5 December 2013

Implementation

Applies with effect from 1

January 2014

Merger Control

Evaluation

ongoing

(following-up on White

paper COM(2015)449 final)

Simplified Procedure Notice

for State Aid

Review

Planned to be finalised in

2017

Communication under

preparation

General Block Exemption

Regulation - extension to

Commission proposal

planned in 2017

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ports and airports

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Overview of REFIT Initiatives in the area of Financial Stability, Financial Services and Capital Markets Union

Evaluation

Commission Proposal

Legal Act

Implementation

Follow-up to Call for

evidence

–

Financial

Services Legislation

European Market

Infrastructure Regulation

(

EMIR)

National discretions in the

audit package

Prudential treatment of

investment firms

Financial Conglomerates

Directive

Motor Insurance Directive

Fitness Check

planned for 2017

Communication on Follow-

Up planned in 2017 (CWP

2017)

Commission proposal

Planned in Q1 2017

Evaluation

Planned in 2017

Evaluation

Planned in 2017

Evaluation

planned in Q1 2017

Evaluation

Planned in 2017

European Long Term

Commission proposal

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Legal act

Implementation

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Investment Funds (ELTIF)

adopted 26 June 2013

adopted 20 April 2015

Entry into force 08

December 2015

Implementation

Date of effect: 22 February

2016

Insurance distribution

Commission proposal

adopted 3 July 2012

Legal act

adopted 20 January 2016

Review of the European

Venture Capital (EuVECA)

and European Social

Entrepreneurship (EuSEF)

Fund regulations

Review of the Prospectus

Directive

Evaluation

Finalised on 30 November

2015

Commission proposal

adopted 14 July 2016

Commission proposal

adopted 30 November 2015

Legal act

Pending in legislative

procedure

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Overview

REFIT

Initiatives

the

area

Health

and

Food

Safety

Evaluation

Commission Proposal

Legal Act

Implementation

Animal health law

Commission proposal

6 May 2013

Legal act

9 March 2016

Residues in live animals –

delegated act

Planned for 2018

Implementation

Application on 21 April 2021

Official controls on the agri-

food chain

Commission proposal

6 May 2013

Plant health

Commission proposal

6 May 2013 -

Legal act

Pending in legislative

procedure

Legal act

16 April 2014

Implementation

Application starts from

October 2018 / Transition

period until 2021

Implementation

Application on 1 November

2018, Article 65 from 19 July

Clinical Trials

Commission proposal

17 July 2012

Zootechnical legislation

Commission proposal

11 February 2014

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Legal act

8 June 2016

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2016

Transposition Deadline 1

November 2018

Veterinary medicines

Commission proposal

10 September 2014

Legal act

Pending in legislative

procedure

Legal act

Pending in legislative

procedure

Medicated feed

Commission proposal

10 September 2014

Food information

Guidelines and database

in preparation

Nutrition and Health Claims

made on Food

Evaluation

Ongoing and expected to be

finalised by Q1 2018

Evaluation

Ongoing and expected to be

finalised by Q2 2018

Pesticides

General food law

Evaluation

Ongoing and expected to be

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finalised beginning 2017

Feed additive legislation

Evaluation

Planned in 2017

Food contact materials

legislation

Implementation

Follow-up

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Overview of REFIT Initiatives in the area of Internal Market, Industry, Entrepreneurship and SMEs

Evaluation

Commission Proposal

Legal Act

Implementation

Mutual Recognition for

Goods

Evaluation

Results expected 2017

Commission Proposal

Planned for 2017 (CWP

2017)

Implementation

Public procurement

Evaluation

Planned for 2019

Commission proposal

20 December 2011

Legal act

26 February 2014

Application on 17 April 2014

Transposition 18 April 2016

Standard Procurement

Document

Evaluation

Planned for 2017

Legal act

Adopted by the Commission

on 5 January 2016

Legal act

11 November 2015

Implementation linked to

that of the Public

procurement Directives (see

above)

Implementation linked to

that of the Public

procurement Directives (see

above)

Implementation

Application on 16 March

Standard Forms for public

procurement

Late Payments Directive

Evaluation

Finalised 26 August 2016

Commission proposal

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Legal act

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8 April 2009

16 February 2011

2013

Transposition Deadline

March 2016

Construction Products

Fitness check

Ongoing and planned to be

finalised end 2017

Commission proposal

23 May 2008

Legal act

9 March 2011

Implementation

Application on 1 July 2013

Implementation

Transposition Deadline 18

January 2016

Recognition of professional

qualification

Evaluation

Planned for 2019

Commission proposal

19 December 2011

Legal act

20 November 2013

Enforcement of Intellectual

Property Rights

Evaluation

Ongoing and planned to be

finalised end 2016

Commission proposal

Planned Q4 2016

Legal act

Pending in legislative

procedure

Market surveillance

Commission proposal

13 February 2013

Lifts Directive

Evaluation

Ongoing, planned to be

finalised by mid-2017

Machinery Directive

Evaluation

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Ongoing , planned to be

finalised by end 2017

Oil Refining industry

Fitness check

Finalised Q1 2016

Forest based industries

Cumulative Cost Assessment

Ongoing planned to be

finalised 2016

Chemicals industry

Cumulative Cost Assessment

Finalised 11 July 2016

Chemicals legislation (other

than REACH)

Fitness check

Ongoing planned to be

finalised end 2017

Evaluation

Finalised Q4 2015

Firearms Directive

Remedies for public

procurement)

Evaluation

Ongoing planned to be

finalised end 2016

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Commercial Agents

Evaluation

July 2015

Standardisation

Evaluation

1 June 2016

Pre-packaging

Evaluation

4 July 2016

Glass and ceramics

industries

Design System

Aerosol Dispensers

Liability for defective

products

European Observatory on

Infringements of Intellectual

Property

Digital Single Gateway

Cumulative Cost Assessment

Ongoing to be finalised 2017

Evaluation planned

Commission proposal

Planned in 2017

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Overview of REFIT Initiatives in the area of Transport

Evaluation

Commission Proposal

Legal Act

Implementation

Recording Equipment in

Road Transport

Market access rules in road

freight transport

Evaluation

Planned to be finalised Q4

2016

Evaluation

Planned to be finalised Q1

2017

Fitness check

16 October 2015

Evaluation

External evaluation report

Commission proposal

19 July 2011

Commission proposals

In preparation (2017)

Legal act

1 March 2014

Implementation

1 March 2014

Training and certification of

seafarers

Safety Rules and Standards

for Passenger Ships/ Small

Crafts

Road Infrastructure and

Tunnel Safety

Proposal on Small Crafts

Planned for 2017 (CWP

2017)

Commission proposal

Planned for 2017 (CWP

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finalised June 2015

Port Reception Facilities

Evaluation

31 March 2016

Training, Qualification,

Licensing in Road Transport

Better Functioning of the

Market for Bus and Coach

Services

Enhancement of the social

legislation in road transport

Leasing of Vehicles

Evaluation

October 2014

Evaluation

Expected 2017

Evaluation

Expected 2017

Evaluation

Results expected 2017

Fitness check

To be finalised Q2 2017

Airport charges

Evaluation

To be finalised Q3 2017

2017)

Commission proposal

In preparation

Commission proposal

Planned in 2017 (CWP 2017)

Commission proposal

Planned in 2017 (CWP 2017)

Commission proposal

Planned in 2017 (CWP 2017)

Commission proposal

Planned in 2017 (CWP 2017)

Maritime Acquis

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Overview of REFIT Initiatives in the area of Taxation and Customs Union

Evaluation

Commission Proposal

Legal Act

Implementation

Common Customs Tariff

Commission proposal

Foreseen adoption by Q3

2017

General arrangements for

excise duty

Proposal

Planned for 2017 (CWP

2017)

Evaluation

Expected to be finalised

2016

Evaluation

21 December 2015

Proposal

Planned in 2017 (CWP 2017)

Commission proposal

Adoption foreseen Q3 2017

Commission proposal

Adoption planned Q4 2016

Proposal

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Excise duties on alcohol and

alcoholic beverages

Tobacco Excise

Common Consolidated

Corporate Tax Base (CCCTB)

Definitive VAT system for

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cross border trade

VAT Rates

Planned for Q3 2017

Commission

proposal planned in Q3 2017

SME VAT Package

Evaluation

Planned Q1 2017

VAT e-invoicing directive

Evaluation

To start in 2018

Refund of value added tax

Commission proposal

29 October 2004

Legal act

12 February 2008

Implementation

Application on 1 January

2010

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Initiatives in the area of Competition

Simplified procedure for Merger Control

Overall state of play

- Application on 1 January

2014

- Evaluation 2017 (as part of

the evaluation of the Merger

Control Regulation)

Summary

Summary:

The purpose of the initiative is to simplify and expedite the

examination of concentrations that are unlikely to raise competition

concerns. This would lead to:

(i) a significant increase in the number of cases reviewed under

simplified procedure; and

(ii) a reduction in pre-notification periods for both simplified and

non-simplified cases.

The expected benefits have indeed started to materialise and are

expected to continue. The evaluation started in 2016 for merger

control will confirm their extent.

Estimated savings and

benefits

An increase of 5-10% in the number of cases reviewed under

simplified procedure has been noted. No precise monetary figures

are available but in 2014 the simplified procedure was applied to

68% of all final Commission decisions in mergers, corresponding to

an increase of 8 percentage points in the number of simplified

decisions compared to 2013.

In 2015, the simplified procedure was applied to approximately 70%

of all final Commission decisions in mergers. DG Competition

expects this trend to continue. Up to July 2016 approximately 73%

of all final Commission decisions were adopted under the simplified

procedure.

Furthermore, there are indications that the new rules on simplified

cases and the streamlined information requirements for all cases

have resulted in reduced pre-notification periods in both simplified

and normal procedure cases.

Estimations of savings and benefits will be provided in the

framework of the evaluation of certain aspects of the merger control

Regulation within the limits of data availability.

The evaluation of certain aspects of the merger control Regulation

will assess to what extent the Simplification Package (2013) has

contributed to the reduction of the burden (in terms of workload and

resources spent) incurred by the Commission and businesses for

having certain categories of typically unproblematic cases subject to

EU merger control and whether there is scope for a further reduction

of such a burden without affecting the effectiveness of EU merger

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control.

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State of Play:

Commission Notice on a

simplified procedure for

treatment of certain

concentrations under

Council Regulation (EC)

No 139/2004. - 5

December 2013

Commission Implementing

Regulation (EU) No

1269/2013-5 December

2013

Which REFIT

objective(s) did the

Commission pursue?

Legal act

To make the merger rules and procedures less burdensome for

businesses.

The Commission has reduced the amount of information required

for notifying transactions both under the normal and the simplified

procedure. Moreover, the simplification package has reduced the in-

house work that companies undertake before they notify a merger

and could also reduce fees paid to external lawyers by up to one

third.

As part of the Simplification Package adopted in 2013, the

Commission reviewed: (i) the Notice on simplified procedures and

(ii) the merger implementing regulation. The objectives include

simplifying and expediting the examination of concentrations that

are unlikely to raise competition concerns. This is done by widening

the scope of its simplified notification procedure to review

unproblematic mergers with a view of focussing the Commission's

resources on cases that matter from a competition perspective

Due to the limited availability of data, savings could not be

quantified.

Which other objective(s)

did the Commission

pursue?

Estimated savings and

benefits

State of Play:

Implementation

It applies with effect

from 1 January 2014 –

Evaluation as part of

Merger

Control

Regulation evaluation

planned for 2016/2017

Implementation

An increase of 5-10% in the number of cases reviewed under

simplified procedure has been noted. No precise monetary figures

are available but in 2014 the simplified procedure was applied to

68% of all final Commission decisions in mergers, corresponding to

an increase of 8 percentage points in the number of simplified

decisions compared to 2013.

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In 2015, the simplified procedure was applied to approximately 70%

of all final Commission decisions in mergers. DG Competition

expects this trend to continue. Up to July 2016 approximately 73%

of all final Commission decisions were adopted under the simplified

procedure.

Furthermore, internal analysis points toward the fact that the new

rules on simplified cases and the streamlined information

requirements for all cases have resulted in reduced pre-notification

periods in both simplified and normal procedure cases.

Estimated savings and

benefits

Information not yet available.

Estimations of savings and benefits will be provided in the

framework of the evaluation of certain aspects of the merger control

Regulation within the limits of data availability.

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Merger Control

Overall state of play



White Paper

published 2014

(COM(2014)449

final)

Evaluation results

expected 2017

Building on some issues identified in the White Paper

"Towards

more effective EU merger control",

the Commission is evaluating

the Council Regulation (EC) No 139/2004 on the control of

concentrations between undertakings.

The White Paper towards more effective EU merger control

proposed two areas for action:

- to close a regulatory gap by allowing the Commission in the future

to review at EU level certain acquisitions of non-controlling

minority shareholdings that can raise competition concerns, and

- to make the case referral system between Member States and the

Commission more effective and business-friendly, as well as to

streamline and simplify other procedures.

These proposals are still under review and further research is being

conducted in 2016/2017.

Concerning minority shareholdings, a majority of responding private

stakeholders (business associations, companies, law firms and

lawyers’ associations) in 2014 did not consider that there is a gap of

sufficient scope as to call for new regulation at this stage. Regarding

the other aspects of the White Paper (referrals and simplifying other

procedures), the Commission is considering whether these aspects

could best be addressed by a legislative proposal or not.

Estimated savings and

benefits

In the first public consultation, stakeholders (in particular law firms

and law associations), estimated the time savings related to

streamlining referrals and other procedural aspects of merger control

mostly at around 1-2 months.

The cost saving were mostly not quantified, however, one law firm

estimated them to be 20% - 30% lower than under the current

procedure.

Information to be completed.

Summary



Summary:

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State of Play:



Evaluation results

expected 2017

Evaluation

Scope:

To follow up to the White Paper an evaluation of procedural and

jurisdictional aspects of EU merger control related to Council

Regulation (EC) No 139/2004 of 20 January 2004 on the control of

concentrations between undertakings started in 2016.

The following aspects, only partly covered by the White Paper, will

be analysed: (1) the jurisdictional thresholds set out in Article 1 of

the Merger Regulation, (2) the procedure for the treatment of certain

types of concentrations that generally are not susceptible of raising

competition concerns, (3) some aspects of the referral system as set

out notably in Articles 4 and 22 of the Merger Regulation, and (4)

certain technical aspects of the procedural and investigative

framework for the assessment of mergers.

Evaluation Findings:

Estimated savings and

benefits

Information not yet available.

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Simplified Procedure Notice for State Aid

Overall state of play

Review to be finalised in

2017

Summary:

Review of the Commission Notice on a Simplified Procedure for the

treatment of certain types of State Aid ('Simplified procedure

Notice') (2009/C136/03)

The revision of the Simplified Procedure Notice is expected to

remove duplications in the regulatory treatment of certain cases.

Before the revision of the GBER (General Block Exemption

Regulation), the Notice covered a simplified tratment for

notifications of straightforward cases. These cases are now largely

covered by the GBER, as a result of which notification is no longer

required. Also, part of the scope of the Notice is covered by the

Implementing Regulation. This regulatory duplication creates

confusion for Member States and is expected to be removed.

Estimated savings and

benefits

In the period 2009-2016, 82 cases were treated under the Simplified

Procedure. In the future, 35 of these cases would no longer need

notification due to the GBER revision and 32 would be covered by

the simplified treatment existing under the Implementing Regulation

(simpler notification form and no need for summary notification

publication). The remaining 15 cases would continue to be covered

by the simplified procedure under the Code of Best Practice. The

reform overall is expected to simplify procedures and avoid

different, partially overlapping processes, thus leading to less

complexity for Member States and for the Commission.

Summary

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State of Play:

Planned

Review to be finalised in

2017

Which REFIT

objective(s) does the

Commission pursue?

Communication

Review of the Commission Notice on a Simplified Procedure for the

treatment of certain types of State Aid ('Simplified procedure

Notice') (2009/C136/03)

The objectives are a reduction of the administrative burden for

stakeholders, as well as greater legal certainty as regards the

applicable State aid procedures. The Commission must however

balance the need for simplification for the least distortive cases with

closer scrutiny of cases falling outside the GBER.

Which other objective(s)

does the Commission

pursue?

The Simplified procedure Notice sets out the conditions under which

the Commission will usually follow a simplified procedure and

adopt short-form decisions declaring certain types of State support

measures compatible with the common market, and provides

guidance in respect of the procedure itself.

The objective of this review would be to take account of the

evolution of State aid law, decision-making practice, and the

experience gained in applying the Simplified Procedure.

Estimated savings and

benefits

In the period 2009-2016, 82 cases were treated under the Simplified

Procedure. In the future, 35 of these cases would no longer need

notification due to the GBER revision and 32 would be covered by

the simplified treatment existing under the Implementing Regulation

(simpler notification form and no need for summary notification

publication). The remaining 15 cases would continue to be covered

by the simplified procedure under the Code of Best Practice.

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General Block Exemption Regulation: extension to ports and airports

Overall state of play

Planned



first public

consultation was

conducted in

spring 2016

Adoption of

Commission

Regulation

planned for 1st

quarter

2017(CWP 2017)

General Block Exemption Regulation: extension to ports and

airports (Regulation 651/2014).

This initiative aims to simplify the application of State aid rules,

thus reducing administrative burden and costs and speeding up the

implementation of projects. It concerns the revision of Commission

Regulation 651/2014 introducing exemption provisions for ports and

airports in the Commission Regulation declaring certain categories

of aid compatible with the internal market in application of Articles

107 and 108 of the Treaty

Estimated savings and

benefits

The potential annual regulatory cost-savings that can be achieved by

this initiative are estimated at several million Euros for companies

and public authorities. The Commission will work with Member

States and stakeholders to check whether the potential savings are

achieved in practise.

Summary



Summary:

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State of Play:

Planned

Commission proposal



Under

preparation:

first

public

consultation was

conducted

spring 2016

Adoption

Commission

Regulation

planned for 1st

quarter 2017

Proposal to review the General Block Exemption Regulation

(Regulation 651/2014)

This initiative aims to simplify the application of State aid rules,

thus reducing administrative burden and costs and speeding up the

implementation of projects.

The Commission aims at codifying its existing decision-making

practice on airports and ports. This will increase transparency in the

handling of cases in these sectors. By adopting straightforward

compatibility rules in the GBER, the Commission will give a clear

indication of the conditions to be observed in order to provide legal

certainty and to be able to implement the measures quickly. In

addition, some further clarifications on existing case practice with

regard to aid in outermost regions will be provided.

The abolition of the notification requirements and the regulatory

codification / clarifications envisaged as part of this initiative should

reduce regulatory costs without a significant impact on the amount

of State aid granted or on competition in the internal market.

The Commission must however balance the need for simplification

for the least distortive cases with closer scrutiny of cases falling

outside the GBER.



Which REFIT

objective(s) does the

Commission pursue?

Which other objective(s)

does the Commission

pursue?

Estimated savings and

benefits

The Commission estimates the potential annual regulatory cost-

savings that can be achieved by this initiative at several million

Euros for companies and public authorities.

In the first Advisory Committee meeting with Member State experts

in spring 2016, participants were strongly encouraged to submit any

data or suggestions for methodologies to calculate the annual

regulatory cost-savings which would result from the draft

Commission proposal. As of August 2016, no Member State nor any

other stakeholder has submitted data or suggestions for a

methodology to assess the cost savings.

More data will be provided in the legislative memorandum.

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Initiatives in the area of Financial Stability, Financial Services and Capital

Markets Union

Call for evidence – Financial Services Legislation

Overall state of Play:

Fitness Check ongoing,

results expected end

2016

Follow-Up Planned for

2017 (CWP 2017)

Summary:

On 30 September 2015 the Commission launched a "call for

evidence" to gather feedback and gauge the cumulative impact and

interaction of all the current EU rules governing the financial sector.

Through the consultation, the Commission seeks to identify possible

inconsistencies, incoherence and gaps in financial rules, as well as

unnecessary regulatory burdens and factors negatively affecting

long-term investment and growth.

The Commission plans a Communication on the results and the

follow-up to the call for evidence for end 2016.

Input of the REFIT Platform:

In the REFIT Platform opinion on

financial reporting

the

Stakeholder group and some members of the Government group

support the need to streamline financial reporting to various

supervisory authorities to reduce unnecessary administrative burden

on financial institutions. This opinion confirms the evidence

gathered by the European Commission as part of it's Call for

evidence and reinforces the need for action.

The Commission is planning to carry out a fitness check to review

reporting requirements including transaction reporting.

Estimated savings and

benefits

Information pending

Summary

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State of Play:

Fitness Check



Planned for

2017

Following on the call for evidence, the Commission is planning to

carry out a fitness check to review reporting requirements including

transaction reporting.

This initiative will also address opinions and recommendations by

the REFIT Platform.

Scope:

Evaluation findings:

Estimated savings and

benefits

Not yet available.

State of Play:

Communication



Planned for 2017

(CWP 2017)

The Commission plans a Communication on the results and the

follow-up to the call for evidence on the cumulative impact of

financial legislation for end 2016.

Information not yet available.

Which REFIT

objective(s) will the

Commission pursue?

Which other objective(s)

will the Commission

pursue?

Estimated savings and

benefits

Information not yet available.

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EMIR - European Market Infrastructure Regulation

State of Play:

Legislative Review

Planned for 2017

Summary and benefits:

The Commission is mandated to review Regulation 648/2012

(EMIR) and present any appropriate legislative proposals.

The outcome of the public consultation on EMIR and the Call for

Evidence on financial regulation carried out by DG FISMA in 2015-

2016 justifies the need to amend EMIR in some specific areas to

eliminate disproportionate costs/burdens to some derivatives

counterparties (i.e. small financials, corporates, pension funds) and

to simplify rules without putting at risk financial stability.

Estimated savings and

benefits

Information not yet available.

Summary

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State of Play:

Planned

Under preparation

adoption foreseen Q1

2017

Which REFIT

objective(s) does the

Commission pursue?

Commission proposal

The Commission is mandated to review Regulation 648/2012

(EMIR) and present any appropriate legislative proposals. The

outcome of the public consultation on EMIR and the Call for

Evidence on financial regulation carried out by DG FISMA in 2015-

2016 justifies the need to amend EMIR in some specific areas to

eliminate disproportionate costs/burdens to some derivatives

counterparties (i.e. small financials, corporates, pension funds) and

to simplify rules without putting at risk financial stability. The

initiative is also related to the ongoing initiative to establish a

Capital Markets Union (CMU). Efficient and resilient post-trading

systems and collateral markets are essential elements for a well-

functioning CMU. Effective and efficient EMIR rules contribute to

achieving the objectives of CMU and to the Jobs and Growth agenda

in line with the political priorities of the Commission.

Information not yet available

Which other objective(s)

does the Commission

pursue?

Estimated savings and

benefits

Information not yet available

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National discretions in the audit package

State of Play:

Evaluation Planned for

2017

Summary:

Following the call for evidence, it is planned to review national

discretions that member states enjoy in the Audit Regulation.

This refers to

Capital Requirements Regulation (EU) 575/2013

(CRR) and the Capital Requirements Directive 2013/36/EU

('CRD IV package').

Estimated savings and

benefits

Information not yet available

Summary

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Prudential treatment of investment firms

State of Play:

Evaluation Planned for

2017

Summary:

The Commission is mandated to review the CRR in accordance with

Articles 493(2), 498(2) and 508(2) and (3) of the CRR in order to

determine a more appropriate prudential treatment for Investment

firms.

An appropriate prudential regime catering for investment firm

business models allows for proportionate and calibrated

requirements within the Commissions wider CMU and Better

regulation agendas.

Estimated savings and

benefits

Information not yet available

Summary

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Financial Conglomerates Directive (FICOD)

State of Play:

evaluation planned for Q1

2017

Summary:

The Financial Conglomerates Directive (FICOD) was adopted in

2002 in response to the need to supervise, on a group-wide basis,

financial groups/conglomerates providing services and products in

different sectors of the financial markets, most importantly to bank-

insurance groups.

FICOD builds on sectorial legislation relating to banking and

insurance and provides supervisors with tools to apply

supplementary supervision for financial conglomerates, addressing

any blind spots in the sectorial legislation and to avoid the

circumvention of prudential requirements set-out in sectorial

legislation.

Following the financial crisis, FICOD was amended by Directive

2011/89/EU of 16 November 2011 (FICOD 1). This directive was a

"quick-fix" aimed at remedying specific crisis related problems but

it also contained an obligation for the Commission to carry out a

more profound review of FICOD 1, followed by a legislative

proposal if necessary. Following this request, the Commission

delivered a report in December 2012 identifying a number of aspects

of FICOD 1 requiring revision.

A review was put on hold pending the negotiations and subsequent

adoption of the sectorial legislation on which FICOD builds –

namely banking and insurance. Because the sectorial legislation has

been in force for a while, and it has been 3 years since the

publication of the Commission report, now is appropriate to evaluate

whether FICOD 1 is performing according to its objectives.

Input of the REFIT Platform:

In the REFIT Platform opinion on

FICOD

a majority of the

members recommended a review of the directive with the

Stakeholder group focusing in particular on overlapping

requirements in the supervisory procedures for financial

conglomerates.

The Commission will pay particular attention to the Platform's

concerns during the ongoing evaluation of the Directive, due to be

completed early in 2017.

Estimated savings and

benefits

expected Q1 2017

Summary

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Motor insurance directive

Overall state of Play:

Evaluation planned for

2017

Summary:

The EU Motor Insurance Directive 2009/103/EC is intended to

facilitate the aftermath of road accidents for EU residents involved

in a road accident in a Member State other than that of their

residence.

The Directive obliges all motor vehicles in the EU to be covered by

compulsory third party insurance (all passengers are covered),

throughout the EU

Furthermore, the Directive:



abolishes border checks on insurance, so that vehicles can

be driven as easily between EU countries as within one

country

prescribes minimum third-party liability insurance cover in

EU countries

specifies exempt persons and authorities/bodies responsible

for compensation

introduces a mechanism to compensate local victims of

accidents caused by vehicles from another EU country

requires the quick settlement of claims arising from

accidents occurring outside the victim’s EU country of

residence (so-called “visiting victims”)

entitles policy holders to request a statement concerning the

claims (or absence of claims) involving their vehicle(s)

during (at least) the five years preceding the contract

Summary



Estimated savings and

benefits

Information not yet available

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European Long Term Investment Funds (ELTIF)

State of Play:

Proposal adopted 2013

Legal Act adopted 2015

Summary:

The European Long-Term Investment Fund, or ELTIF, is a new type

of collective investment framework allowing investors to put money

into companies and projects that need long-term capital. It is aimed

at investment fund managers who want to offer long-term

investment opportunities to institutional and private investors across

Europe, e.g. in infrastructure projects. To benefit from this cross-

border passport the new Funds would have to meet rules designed to

protect both investors and the companies and projects they invest in.

ELTIF would develop a new market for funds targeting long term

assets. This would increase investment into the real economy, and

provide an alternative source of capital to bank lending.

ELTIF offers a secure investment environment for investors seeking

exposure to long-term assets. Existing national regimes are not

always sufficient to offer the kind of protection retail investors need.

Summary

Estimated savings and

benefits

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State of Play:

Commission Proposal



Adopted by the

Commission on

26/06/2013

COM(2013)462

This regulation will create a harmonised fund for long term

investments with a passport. It will enhance cross-border access to

long term funding for Europe's real economy. The creation of a

European fund with uniform rules and administrative procedures

will also simplify the current situation where fragmented and often

inconsistent requirements exist in different Member States.

Create a single market for funds focusing on long-term investment

strategies, facilitate the access of retail and institutional investors to

long-term assets and increase the financing of long-term projects

Given that the framework has an elective approach (i.e. fund

managers would chose whether or not to set-up ELTIF), estimating

the scale of uptake ex ante is difficult. This decision is directly

linked to the perceptions of fund managers of the interest from both

institutional and retail investors. Ultimately uptake over the longer

term will be determined by sustainable demand from investors. This

will also reflect the difficulty of estimating macroeconomic

developments that impact investor flows between asset classes.

On a general level the following stakeholders would benefit from

ELTIF:

•

Businesses – would be able to get more capital from a wider

range of investors than they could before;

•

Fund managers - greater harmonisation would reduce costs

for fund managers operating cross-border as this removes

differences in treatment between different markets;

•

Investors big and small – would be able to put money into a

wider range of (long term) assets and would be spreading their risks.

Due to the absence of data, these estimated savings could not be

further quantified.

Which REFIT

objective(s) did the

Commission pursue?

Which other objectives

did the Commission

pursue?

Estimated savings and

benefits

State of Play:

Legal Act



Adopted by the

Legislator on 20

April 2015

: Regulation

2015/760

Changes introduced by the co-legislators do not affect the

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Procedure

Commission REFIT objectives. They reinforce the approach towards

the protection of retail invetsors and enlarge the range of eligible

assets for long-term invetsments thereby extending the benefits to be

achieved.

Due to the absence of data, estimated savings could not be further

quantified.

Estimated savings and

benefits

State of Play:

Implementation



Application on

December 2015

Transposition

Deadline N/A

Evaluation

Planned for 9

June 2019

N/A

Implementation reported

by MemberStates

Estimated savings and

benefits

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Insurance Distribution

State of Play:

Commission proposal

July 2012

Legal Act January 2016

Transposition 2018

Summary:

The Insurance Distribution Directive (IDD) introduces new

enhanced rules for the protection of consumers. The Directive

regulates the way insurance products are sold. It protects consumers

by laying down the information that must be provided before a

consumer enters into an insurance contract; it imposes conduct of

business and transparency rules on insurance distributors; it clarifies

procedures and rules for cross-border business and it contains rules

for the supervision and sanctioning of insurance distributors in case

they breach the provisions of the Directive.

The rules apply to the sale of all insurance products. However, in

order to protect consumers exposed to investment risk, more

prescriptive rules apply to those distributors that sell insurance

products that have an investment element, such as unit-linked life

insurance contracts.

Estimated savings and

benefits

The Directive lays down conduct of business rules for insurance

distributors, regulates their professional competence and lays down

improved rules for cross-border activity. The new rules are expected

to provide increased legal certainty to insurance distributors,

contributing to improved domestic and/or cross-border operations,

potentially driving down their operating costs.

Due to the limited availability of data, these estimated savings could

not be further quantified.

The evaluation of the Directive, to be carried out in 2020 is expected

to furnish data in particular regarding developments in retail

investment product markets.

Summary

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State of Play:

Commission Proposal



3 July 2012

Ref

COM(2012)360

The proposal makes it easier for ancillary service providers to

implement the sales rules. Some exceptions are provided for SMEs,

for example giving them a five-year grace period to provide

information to customers on the sale of non-life insurance products.

The main objective of the proposal was to improve consumer

protection in the sale of life and non-life insurance products through

insurance intermediaries and insurance undertakings. Rules have

been introduced to address more effectively the risk of conflicts of

interest, including disclosure of remuneration by intermediaries.

Sales standards have been strengthened and enhanced requirements

have been introduced for the sale of life insurance products with

investment elements.

Given the data limitations, quantification of costs and benefits was

not possible. The evaluation of the Directive, to be carried out in

2020 is expected to furnish data in particular regarding

developments in retail investment product markets.

Which REFIT

objective(s) did the

Commission pursue?

Which other objectives

did the Commission

pursue?

Estimated savings and

benefits

State of Play:

Legal Act



Adopted by the

Legislator on

20/01/2016

Reference

Directive

2016/97

The Insurance Distribution Directive (Directive 2016/97/EU)

entered into force on 22 February 2016.

The changes made by the co-legislators provided additional

flexibility for ancillary insurance distributors in the form of a de-

minimis exception and simplified conduct of business rules. With

regard to the other objectives pursued, the amendments resulted in

better protection and improved transparency for consumers and the

introduction of specific rules for the sale of insurance-based

investment product to ensuring a high standard of investor

protection.

Outcome of Legislative

Procedure

Estimated savings and

benefits

Due to the limited availability of data, savings could not be further

quantified.

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State of Play:

Implementation



Date of effect:

22/02/2016

Transposition

23/02/2018

Deadline

23/02/2021

Evaluation

Planned for

2020

The transposition deadline of the Directive is 23 February 2018. The

first Transposition Workshop with Member States representatives on

the Directive is expected to take place on 19 October 2016.

Information pending

Implementation reported

by MemberStates

Estimated savings and

benefits

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Review of the European Venture Capital (EuVECA) and European Social

Entrepreneurship (EuSEF) Fund regulations

State of Play:

COM proposal adopted on

14 July 2016

Cost savings of 32 MEUR

over 5 years estimated

Summary:

The EuVECA and EuSEF Regulations introduced a “European

Venture Capital Fund” and a “European Social Entrepreneurship

Fund” label respectively for funds supporting young and innovative

companies or enterprises with the intention of generating positive

social impact. The Regulations enable these funds to be marketed

cross-border in order to meet their investment needs.

The proposed modifications will strengthen a channel of financing

through EuVECA and EuSEF funds for SMEs, including social

businesses, so that they will be less dependent on banking sector

constraints, and will thereby reduce the effect of banks declining

credit applications.

Estimated savings and

benefits

The amended EuVECA and EuSEF Regulations will render the two

specialised funds more attractive and, thus, reduce costs, and realise

economies of scale. Current estimates suggests around €40,500 of

cost savings per year per EuVECA and EuSEF fund marketed in

Member States and a total of €32 million in five years in cost

savings for all new EuVECA funds for the current Commission

proposal. The modified rules will further unblock the flow of capital,

leading to increased confidence in cross-border investments and to

better functioning of the internal market.

Summary

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State of Play:

Commission Proposal



COM proposal

adopted on 14

July 2016

The proposed measures should increase investments into venture

capital and social enterprises via EuVECA and EuSEF funds

through (i) removing limitations on larger fund managers to manage

EuVECA and EuSEF funds and dual registration requirements, (ii)

decreasing costs for EuVECA and EuSEF funds, (iii) broadening the

range of eligible assets EuVECA funds may invest in.

The review of the EuVECA and EuSEF Regulations is closely

linked to the Capital Markets Union (CMU) objectives focusing on

facilitating SME financing, diversifying sources of financing and

strengthening cross-border capital flows. It is also linked to the first

and second pillars of the Investment Plan which concentrate on

ensuring additional EU funding to SMEs, equity financial

instruments under the Programme for the Competitiveness of

Enterprises and SMEs (COSME), as well as under Horizon 2020.

The Regulations are consistent with other CMU actions, such as the

Commission's Investment plan for Europe, to sponsor a pan-

European venture capital fund of funds which would invest in a

combination of early, later and expansion stage venture capital

funds.

The Impact Assessment Report suggests around €40,500 of cost

savings per year per EuVECA and EuSEF fund marketed in

Member States and a total of €32 million in five years in cost

savings for all new EuVECA funds.

Which REFIT

objective(s) does the

Commission pursue?

Which other objective(s)

does the Commission

pursue?

Estimated savings and

benefits

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Review of the Prospectus Directive

State of Play:

Evaluation and proposal

adopted in November

2015

Pending in legislative

procedure

Summary:

The Commission Proposal for a Regulation on Prospectuses intends

to (i) reduce the administrative burden of drawing up of prospectus,

both for SMEs and for frequent issuers of securities; (ii) make the

prospectus a more relevant disclosure tool for potential investors,

especially those investing in SMEs; and (iii) achieve more

convergence between the EU prospectus and other EU disclosure

rules.

Recourse to the new disclosure regime for SMEs is estimated to

result in SMEs saving collectively around EUR 45 million per year.

About 320 SMEs could benefit from it every year. Additional

savings could materialise when the "question and answer" format

takes off.

Approximately 700 prospectuses per year could benefit from the

alleviated disclosure regime for secondary issuances. This could

translate into savings of around EUR 130 million per year.

Increased recourse to the proposed universal registration document

for equity and non-equity prospectuses could result in faster

prospectus approvals, increasing the number of prospectuses

approved every year in less than 10 working days by 150% (equity)

and 70% (non-equity).

Summary

Estimated savings and

benefits

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State of Play:

Evaluation published on

30 Noember 2015

(SWD(2015) 255 final)

Scope:

Evaluation

Directive 2003/71/EC of 4 November 2003 (as amended by the

Directive 2010/73/EU) on the prospectus to be published when

securities are offered to the public or admitted to trading

The evaluation concluded that the Prospectus Directive can be

credited for having facilitated the raising of capital across borders in

Europe, thanks to the application of the "single passport" principle

which implied that only one set of disclosure documents could be

approved by the home country authority and accepted throughout

the EU for public offer and/or admission to trading on regulated

markets. However, the evaluation showed that the revised Directive

has only partially met its objectives of investor protection and

market efficiency and that the remedies proposed by the revision at

the time were either inappropriate or not bold enough or even absent

to address some of the issues noted at the time of the previous

revision such as the use of prospectus as a "liability shield".

Furthermore, the evaluation identifies unnecessary regulatory

burdens that include in particular the cost of preparing a prospectus,

which is often considered disproportionate for small issuers, as well

as the regulatory burden that the prospectus represents for issuers

listed on regulated markets and already subject to ongoing

disclosure requirements. Such findings supported the revision of the

Directive.

The evaluation also concluded on coherence issues with other EU

legislation in the area of Financial services and on shortcomings of

the Prospectus directive (the legal clarity of some of its concepts and

efficiency in establishing the right balance between market

efficiency and investor protection (quality, readability and

materiality of disclosures).

The evaluation showed that EU issuers have shunned the

proportionate disclosure regimes introduced by Directive

2010/73/EU (which entered into application in July 2012) to a large

extent:

Evaluation findings:

only 94 approved prospectuses were drawn up in 2014 (49

in 2013) under the proportionate disclosure regime for

SMEs and Small Caps;

only 49 approved prospectuses were drawn up in 2014 (48

in 2013) under the proportionate disclosure regime for

rights issues.

These figures should be compared with the total number of

prospectuses approved in 2013 and 2014 of respectively 4,014 and

3,838.

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Estimated savings and

benefits

The minimum cost figures for an equity prospectus range from EUR

1 000 to EUR 3 million, with an average of almost EUR 700 000.

The maximum amounts range between EUR 10 000 and EUR 4

million, averaging at EUR 1.3 million. Estimates of the costs of a

non-equity prospectus are considerably lower with the minimum

average of EUR 57 000 and the maximum average at almost EUR

500 000.

State of Play:

30 November 2015

Ref COM(2015)583

Which REFIT

objective(s) did the

Commission pursue?

Commission proposal

The reform aimed at making it easier for SMEs to raise capital

throughout the EU striking an appropriate balance between investor

protection and alleviation of administrative burden.

It aimed at removing barriers to capital market financing stemming

from the existing prospectus regime and at lowering the cost of

financing on capital markets for issuers and offers.

It established two alleviated prospectus regimes, respectively for

SMEs raising capital outside of regulated markets and for issuers

already admitted to trading on regulated markets and SME growth

markets. It created an EU "shelf registration" mechanism based on a

new type of registration document – the universal registration

document (URD) – which aims at simplifying capital-raisings by

frequent issuers who repeatedly offer securities of all kinds.

This revision is a key measure of the Capital Market Union (CMU)

in the adopted Investment Plan.

Which other objectives

did the Commission

pursue?

The purpose of this Regulation is to harmonise requirements for the

drawing up, approval and distribution of the prospectus to be

published when securities are offered to the public or admitted to

trading on a regulated market situated or operating within a Member

State. The initiative should further help to reduce costs of finance

and make cross-border access to capital easier for firms.

Recourse to the new disclosure regime for SMEs could, according to

rough estimates, result in SMEs collectively saving around EUR 45

million per year. Potentially 320 SMEs could benefit from it every

year. Additional savings above those indicated above could arise if

the "question and answer" format takes off.

Approximately 700 prospectuses per year could benefit from the

alleviated disclosure regime for secondary issuances. This could

translate into savings of around EUR 130 million per year.

Increased recourse to the proposed universal registration document

for equity and non-equity prospectuses could result in faster

prospectus approvals, increasing the number of prospectuses

approved every year in less than 10 working days by 150% (equity)

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Estimated savings and

benefits

kom (2016) 0710 - Ingen titel

and 70% (non-equity).

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Initiatives in the area of Health and Food Safety

Animal health law

Overall state of Play

Adopted

Commission proposal

adopted on 6 May 2013

Legal act adopted on 9

March 2016

Deadline for delegated

and implementing acts

21 April 2019

Application on 21 April

2021

Evaluation Planned for

April 2026

Summary:

The Regulation's main benefit is to improve the legal framework,

while preserving essential elements of the

acquis,

which have

ensured for decades the safe and smooth functioning of the EU

market of live animals and their products (e.g. semen, ova, embryos,

food of animal origin etc.) and have contributed to growth and jobs

in the livestock sector and in the agri-food industry. It offers a better

legal environment to fight known, as well as emerging transmissible

animal diseases, reducing the damage they may cause to animal

health, to human health and to the environment. These benefits have

not been quantified or monetized.

In addition, it also offers possibilities to reduce administrative

burdens by allowing the use of new technologies, such as electronic

certificates, electonic identification, database interlinks, etc…It also

enables to remove some administrative obligations for the operators

and the competent authorities, if or where, the health risks involved

permit so (i.e. identification and movement of animals, registration

and approval procedures).

Estimated savings and

benefits

As this Regulation provides for the general framework all possible

savings have not been systematically calculated for all measures.

The specific objectives will be addressed in delegated and

implementing acts which, where relevant, will be accompanied by

detailed estimations of savings. For example, the savings concerning

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Summary

kom (2016) 0710 - Ingen titel

the movement of animals for direct slaughter were estimated to be

up to EUR 7 mio for bovine animals, EUR 19 mio for pigs and EUR

13 mio for poultry.

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State of Play:

Commission Proposal

Proposed 6 May 2013

COM(2013) 260

Which REFIT

objective(s) does the

Commission pursue?

This Regulation is removing some burdensome administrative

procedures, such as compulsory approval by the Commission of

national contingency plans for certain animal diseases or

surveillance programmes for poultry establishments.

It also reduces administrative burdens by making use of new

technological tools and removing unnecessary administrative

obligations where the health risks involved permit (identification

and movement of animals, registration and approval procedures).

Specific administrative burden reduction which can possibly be laid

down in delegated and implementing acts:



removal of the requirement for movement certificates for low-

risk movements (e.g. movements for direct slaughter);



reduction of administrative obligations if increased biosecurity

and surveillance measures are implemented;



possibilities for Member States to no longer require approval for

certain low-risk operators or transporters;



possibilities for certain operators to derogate from registration

and record keeping obligations.

Which other objective(s)

does the Commission

pursue?



Establishing a modern, single framework providing for a

consistent animal health policy and proportionate, sound and

efficient animal health rules to ensure a safe and smooth

functioning of the internal market for live animals and animal

products.



Legislative simplification (39 legal acts to be streamlined into

one basic act);



Emphasis on prevention in order to improve the animal health

status in the Union, to reduce disease-related losses for farmers,

other operators and national and Union budgets, and to possibly

reduce the use of antimicrobials in animals;



Offering better tools to deal with traditional and emerging

transmissible animal diseases, reducing the damage they may

cause, including to human health and the environment;



More flexible and risk based measures, including prioritisation of

the EU intervention, depending on available resources (e.g.

animal disease prioritisation and categorisation)

The Regulation will provide the general framework, the specific

objectives will be adressed through subsequent delegated and

implementing acts.

Estimated savings and

benefits

Possible annual savings achieved by removing the requirement for

animal health certificates for the movement of animals for direct

slaughter were, according to the Impact Assessment estimated up to

EUR 7 mio for bovine animals, EUR 19 mio for pigs and EUR 13

mio for poultry. This data will be updated and complemented by a

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more comprehensive cost-benefit study.

The Commission has in 2016, in view of preparation of a delegated

act, launched a study providing more precise economic analysis of

possible benefits that can be achieved by removing the requirement

for animal health certificates for animals being moved between

Member States for direct slaughter.

The proposal aims at the prevention of potential financial losses

caused by outbreaks of diseases which could significantly damage

the agriculture and related sectors. From 2000 – 2010 the EU has

contributed over EUR 1 billion for emergency measures

compensating animal keepers.

State of Play:

Legal Act

Adopted 9 March 2016

Regulation

(EU)

2016/429

Outcome of Legislative

Procedure

All the main objectives and details of the original proposal have

been preserved.

Possibilities and exemptions, enabling to release burdens and costs

for registering and record keeping for some small scale and low risk

operators, as well as for intra-EU trade certification of certain

commodities were in the negotiation, successfully preserved.

Request from EP to introduce compulsory registration of dogs and

cats was not retained as such... According to the Regulation, the

Commission now has the possibility, but is not obliged to adopt such

measure (by delegated act).

A strong request from some Parliamentary groups and stakeholders

(NGOs) for the Commission to adopt such a delegated act still

persists.

Estimated savings and

benefits

The original provisions were fully preserved.

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Official controls on the agri-food chain

Overall state of Play

Commission proposal

adopted on 6 May 2013

Pending in legislative

procedure

Summary:

The proposed Regulation aligns existing rules on official controls

along the agri-food chain by eliminating regulatory overlaps. It

applies the risk based approach to all areas of the food chain and

thus broadens the scope of the current rules, introducing an

integrated comprehensive system which reduces unnecessary

administrative burden caused by duplication of efforts. Hence the

proposed new regulation provides the prerequisites for a more

targeted, rationalised and efficient response to non-compliances.

More efficient controls and higher rates of compliance with agri-

food chain requirements are expected to result in savings for

competent authorities and for law abiding businesses. The

integretion of the system of official controls at borders will generate

cost savings as a result of a more efficient use of resources.

Due to the limited availability of data, the savings have not been

quantified.

Summary

Estimated savings and

benefits

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State of Play:

Commission Proposal

Proposed 6 May 2013 -

COM(2013)265

Which REFIT

objective(s) does the

Commission pursue?



Better allocation and use of resources collected through fees. The

generalisation of risk based official controls across the entire

agri-food chain will allow cross sector risk assessments and

prioritisations of controls. In addition full transparency on the

calculation and use of fees and arrangements on their efficient

use will increase the accountability of competent authorities.



Obligation for competent authorities to perform official controls

as much as possible in a manner that minimises the burden on

enterprises.



Exemption of microenterprises from mandatory official control

fees.



Mandatory consultation of operators by competent authorities on

the method of calculation of fees.



Creation of a common set of integrated, harmonised and

modernised rules and tools for official controls of animals and

goods at their entry into the Union.

Which other objective(s)

does the Commission

pursue?



Create a single framework for all official controls along the

entire agri-food chain (1 Regulation replacing 7 Directives, 2

Regulations and 1 Decision) ;



Modernise, harmonise, simplify and clarify the system ;



Strengthen enforcement tools ;



Improve efficiency of controls ;



Tackle food fraud ;



Ensure appropriate resources for control authorities ;



Improve transparency on official controls and their financing.

Estimated savings and

benefits

Due to the limited availability of data, the estimated savings were

not quantified during the impact assessment process. No significant

additional costs are expected to be generated by the new act which

will produce a range of benefits linked to better enforcement of agri-

food law (for example: reduction of fraud, more targeted controls,

easier and more efficient enforcement cooperation across borders) .

State of Play:

Legal Act

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Pending

In legislative procedure

Outcome of Legislative

Procedure

15 June 2016 political agreement by the co-legislators. To be

formally adopted, towards the end of the year

REFIT benefits intended by the Commission with its proposal from

2013 have largely been retained,

A more risk-based approach provides for better allocation and use of

control resources. Efficiency will improve also by the streamlining

of the legislative framework and strengthened provisions on

administrative assistance and cooperation across borders.

Coordination and cooperation is supported by an integrated

computerised information system.

Member States are required to be fully transparent on the calculation

of fees collected from operators. Food operators will have to be

consulted on the method of calculation. A harmonised set of criteria,

on which the calculation of fees should be based, contribute to a

level playing field.

Systematic border controls of food containing products of animal

origin, and post mortem inspections in slaughter houses, will be

performed by appropriately trained professionals not necessarily by

official veterinarians. This should contribute to a more efficient use

of available resources. .

Estimated savings and

benefits

Given data limitations, further quantification has not been possible.

State of Play:

planned for 2018

Official controls on the agri-food chain– Residues

in Live Animals and Animal Products –

Delegated

act

The political agreement just reached in legislative procedure on the

Official Controls Regulation will repeal Directive 96/23/EC and will

enable Member States to move from a very prescriptive to a risk-

based residue monitoring system also in this area. Member States

views on to how achieve a more efficient control system through

risk based monitoring and better use of control resources will be fed

into the preparation of further implementing legislation to be

adopted under the new Official Controls framework.

Preparations will start in 2017 for a new delegated act under the

Official Control Regulation expected to be formally adopted in

legislative procedure around the end of this year. The delegated act

would cover risk based monitoring of residues of veterinary

medicines. It is indicated that the delegated act would be unlikely to

be adopted by the Commission before mid-2018. There is no

outlook for EU action on fees covering inspections or any other

224

Which REFIT

objective(s) does the

Commission pursue?

kom (2016) 0710 - Ingen titel

aspect of official controls.

Input of the REFIT Platform:

In the REFIT Platform opinion on

monitoring residues of

veterinary medicines in foodstuffs of animal origin,

a majority of

the members of the Government group and some members of the

Stakeholder group recommend that the Commission adopts general

rules for Member States on risk-based sampling. Both groups agree

that the recommendation should not be seen as undermining policy

objectives.

Which other objective(s)

does the Commission

pursue?

Estimated savings and

benefits

Information not yet available.

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Plant health

Overall state of Play

- Commission proposal

adopted on 6 May 2013

- Pending in legislative

procedure

Summary

The rules on a more proactive regime are expected to lead to better

prevention from entry of pests into the EU territory, and to the

earlier detection and eradication of pests outbreaks. The qualitative

benefits of such a policy will consist in a more sustainable plant

production, and protection of EU environment and landscapes.

The proposal aims at the prevention of potential financial losses

caused by outbreaks of pests which could significantly damage

agriculture and other plant related sectors. From past outbreaks we

know that these can amount up to EUR 25 billion worldwide.

Summary

Estimated savings and

benefits

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State of Play:

Commission Proposal

Proposed 6 May 2013

COM(2013)267

Which REFIT

objective(s) does the

Commission pursue?



Simplification and harmonisation of plant passports and other

types of certification; plant passport and official certification

labels to be included in one document

Joint registration of professional operators dealing with all types

of plants / plant reproductive material

Joint certification schemes for plant reproductive material and

plants subject to plant health provisions



Which other objective(s)

does the Commission

pursue?

Codification and simplification of procedures



Seven Council Directives are replaced by a single Regulation



Better protection against new plant pests while streamlining rules



Harmonisation, simplification and modernisation of plant

passport system: number of entries will be cut by more than half,

plant passport unique may now be replaced by hologram or chip

from the operator, operator responsibility for traceability of lots

has been introduced



Possibility of including the plant passport in the official label

issued for plant reproductive material in accordance with

provisions set out in the existing Directives on seeds and other

propagating material (Seeds and Propagating Material

Directives).

Estimated savings and

benefits

The proposal reflected the conclusions of the Impact Assessment,

which selected the option of increased costs for a proactive regime

with a view to achieve increased savings from the prevention of

devastating pest outbreaks. Therefore a cost increase of up to EUR

50 mio for the EU (at the level of MS, operators and EU budget)

would avoid financial losses which could amount up to EUR 25

billion per outbreak.

State of Play:

Pending in legislative

procedure

Outcome of Legislative

Procedure

Legal Act

First reading completed. Adoption/entry into force is expected early

2017

The European Parliament and the Council introduced stricter rules

on imports of plants/plant products from non-EU countries..

Those rules are expected to restrict imports of entire plants, fruits,

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vegetables, cut flowers etc entailing additional costs for importers

and traders of those goods. On the other hand, EU producers will

profit from the reduction of the phytosanitary risk caused by the

import of those goods and the increased share of their goods in the

EU market. Neither the Council nor the EP provided for a precise

quantification of those costs and benefits. The Commission will

submit a report with a cost-benefits analysis of the new import rules

within 5 years after the entry into force of that Regulation.

Estimated savings and

benefits

The Council and EP accepted the basic logic of the Regulation

which implies higher expenditures for proactive actions (e.g.

surveys, prioritisation of pests, contigency plans, expanded

certification) to achieve higher gains through the prevention of

devastating outbreaks of pests. Due to the limited availability of

data, the estimated savings have not been updated to reflect the

agreed final text.

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Clinical Trials

Overall state of Play

Commission proposal

adopted on 17 July 2012

Legal act adopted on 16

April 2014

Application starts from

October 2018

Summary

The general policy objective of Clinical Trial Regulation is to

strengthen knowledge and promote innovation in clinical research to

ensure that the EU remains an attractive place for clinical research

thereby increasing the competitiveness of the EU, while protecting

the safety and wellbeing of subjects. The Regulation will facilitate

multinational trials with less administrative and bureaucratic hurdles

and provide for the involvement of subjects in the procedure for the

assessment of a clinical trial application.

During the Impact Assessment process in 2012 savings were

estimated as follows: an annual reduction in administrative burden

of EUR 267 mio and an annual reduction in compliance costs of

EUR 540 mio.

Summary

Estimated savings and

benefits

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State of Play:

Commission Proposal

Proposed 17 July 2012

COM(2012) 369 final

Which REFIT

objective(s) does the

Commission pursue?



Facilitating the work of all actors, especially SMEs, by creating a

unique set of rules applicable across Europe.



Reduction of administrative burden through the creation of a one-

stop shop (submit a single set of documents via a single portal)

for the authorisation of clinical trials.



Improving transparency and legal certainty of the authorisation

process through clear rules and binding deadlines

Which other objective(s)

does the Commission

pursue?

Ensure that Europe remains an attractive place for clinical research

by providing a single set of harmonised rules. The agreed proposal

provides for:



streamlined application procedures via a single entry point,



single authorisation procedure for all clinical trials,



improved conditions for conducting multinational clinical trials,



strengthened rules on the protection of patients and informed

consent;



more transparency on the conduct and results of the clinical trial,



possibilities for the Commission to conduct controls in Member

States and third countries to ensure the rules are being properly

supervised and enforced

Estimated savings and

benefits

During the Impact Assessment process in 2012 savings were

estimated as follows: an annual reduction in administrative burden

of EUR 267 mio and an annual reduction in compliance costs of

EUR 540 mio

State of Play:

Legal Act

Adopted 16 April 2014 -

Regulation

(EU)

536/2014

Outcome of Legislative

Procedure

All REFIT objectives have been achieved. Only the timelines for the

authorisation of clinical trials have been extended compared to the

initial proposal following the amendments introduced by Council

which may have a small impact on the reduction of cost (positive or

negative). However such a possible impact has not been assessed.

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Estimated savings and

benefits

Due to the limited availability of data, the estimated savings have

not been updated to reflect the agreed final text.

State of Play:

Implementation

IT tool which is pre-

requisite for application

is under development by

EMA

Application starts from

October

2018.

transition period will

apply

(Directive

Regulation)

September 2021 for all

provisions

Reporting

obligation

2023

Evaluation Planned for

Oct 2026

Implementation reported

by MemberStates

No data available yet.

Establishment of baseline to be used in later evaluation planned for

2017

This encompasses collection and monitoring of data relating to the

following indicators :



Clinical trials per year, by phase and by sponsor status;

Number of Member States involved per clinical trial per year;

Number of subjects in clinical trials in the EU per year;

Number of medicinal products authorised by the European

Commission per year;

Pharmaceutical R&D expenditure in Europe, USA and Japan

(depending on figures given by EFPIA (European Federation of

Pharmaceutical Industries and Associations).

Estimated savings and

benefits

No data available yet

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Zootechnical legislation

Overall state of Play

Commission proposal

adopted on 11 February

2014

Legal act adopted on 8

June 2016

Application on 1

November 2018, Article 65

from 19 July 2016

Transposition Deadline

1 November 2018

Summary:

This Regulation provides a single legal framework for the rules

applicable to the breeding, trade and entry into the Union of

breeding animals (bovine, porcine, ovine, caprine and equine

species) and their germinal products. It incorporates the updated

acquis and creates the legal base for official zootechnical controls

and activities. The purpose of the Regulation is also to promote

cross-border activities of breed societies, focus the scope on the

breeding of livestock, clarify a number of technical issues and

protect genetic diversity.

The format of a Regulation was chosen to ensure harmonised

application of the measures and to prevent trade problems

previously encountered due to national transposition.

Estimated savings and

benefits

Given data limitations, further quantification has not been possible.

Summary

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State of Play:

Commission Proposal

Proposed 11 February

2014

COM(2014)5

Which REFIT

objective(s) does the

Commission pursue?

The proposed Regulation intends to clarify and simplify the current

legislation. Simplification aspects include:



recognition and listing of breed societies and breeding operations

in Member States and third countries,



approval of breeding programmes,



conditions for entering purebred breeding animals in breeding

books, and their classification according to merits, and for the

registration of hybrid breeding pigs in registers,



rules on performance testing and genetic evaluation,



content of zootechnical certificates for breeding animals and their

semen, ova and embryos.

Which other objective(s)

does the Commission

pursue?



to consolidate existing rules for the promotion of free trade in

breeding animals and their germinal products, and to update

those rules to technical advances and established practices;



to promote cross-border activities of breed societies providing

their services under fair competition conditions;



to align these rules with the requirements of the Lisbon Treaty;



to simplify the legislative framework in a single Regulation

replacing 8 species-specific Directives, which are largely

identical but in parts confuse with different language and

terminology;



to establish rules on official controls and activities following the

principles of the Regulation on offical controls

not applicable (codification)

Estimated savings and

benefits

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State of Play:

Adopted 8 June 2016

Regulation (EU)

2016/1012

Outcome of Legislative

Procedure

Legal Act

In general, Council's and Parliament's positions supported the main

REFIT objectives of the proposal.

Only the few following amendments proposed by the Council and

agreed by the European Parliament and by the Commission have a

minor impact on REFIT objectives.



Additional reasons for the authorities to refuse the approval of

a breeding programme of a new breed society, or the extension

of the geographical area of activity of a breeding programme

into another Member State, if this would jeopardise the

breeding programme carried out on that breed by an existing

breed society in general, or as regards the characteristics of the

breed, or the overall objectives of that breeding programme;

Removal of the proposed empowerment to adopt delegated acts

on the zootechnical rules affecting breeding animals of species

other than bovine, porcine, ovine, caprine and equine species;

Removal of the provisions on dispute settlement between

breeders and breed societies and delegated the settling of such

disputes to breed societies and Member States on the basis of

subsidiarity;

Introduction of

programme”;

definitions

“breed”

and

“breeding



Simplification

of the proposed provisions on official

controls.

However all the main objectives and a large part of the details of the

original proposal have been preserved.

Estimated savings and

benefits

not applicable (codification)

State of Play:

Application on 1

November 2018, Article 65

from 19 July 2016

Transposition Deadline

1 November 2018

Implementation

Evaluation

Based on the experience

with implementation, an

evaluation is considered

5 years after application

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Implementation reported

by MemberStates

Estimated savings and

benefits

Not applicable yet.

Not applicable yet

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Veterinary medicines

Overall state of Play

Commission proposal

adopted on 10

September 2014

In legislative procedure

Summary:

The implementation of the following measures should significantly

reduce the administrative burdens on the industry and bring savings

for the competent national authorities:



measures to simplify the requirements regarding packaging

and labelling;



variations procedures;



pharmacovigilance;



simplification of the mutual recognition procedure;



changes to the "cascade" system;



harmonisation of "legacy" products (products that are

already on the market in the EU).

Extending the period of data protection for veterinary medicines

should stimulate innovation and consequently improve the

availability of novel veterinary medicines, including antimicrobials

and medicines for limited markets.

It is also expected that overall these measures would free resources

from the pharmaceutical industry for re-investment in new product

development, therefore indirectly having a positive effect on the

availability of novel medicines for companion and farmed animals.

Estimated savings and

benefits

The Impact Assessment shows that the main savings will originate

from the activities with the highest administrative burden i.e.

packaging and labelling; authorisations, renewals and variations to

existing marketing authorisations and pharmacovigilance reporting.

The existing administrative burden of EUR 537 mio should be

substantially reduced. The IA shows that the total estimated savings

would amount to at least EUR 145 mio a year.

Summary

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State of Play:

Commission Proposal

Proposed 10 September

2014

COM(2014) 558 final

Which REFIT

objective(s) does the

Commission pursue?

This proposal:



reduces red tape for placing and maintaining on the market of

veterinary medicines,



facilitates internet retail of veterinary medicines across the

Union,

SMEs benefit from:



the overall simplification measures and in particular from the

harmonisation of clinical trials for veterinary medicines,



the introduction of national helpdesks to advice on authorisation

issues.

Which other objective(s)

does the Commission

pursue?

The revision of the legislative framework on veterinary medicines

aims at:



reducing administrative burdens to business,



providing better rewards for innovative products,



improving the functioning of the internal market and increasing

the availability of veterinary medicines for animals,



respond to the problem of antimicrobial resistance by allowing to

restrict or refuse marketing authorisations and reserve certain

critical antimicrobials for use in human medicine only.

Estimated savings and

benefits



The value of the existing annual administrative burden in million

Euros by activity (baseline: 2009) is the following: Packaging

and labelling (184); New Marketing authorisation (MA) (91);

Variations (134); Renewing a MA (70) and Pharmacovigilance

(59).



The new provisions should reduce significantly these amounts: A

risk-based pharmacovigilance system would allow a reduction of

administrative burdens of around EUR 47 mio per year. The

deletion of the requirement for renewal would allow an economy

of EUR 68 mio per year and the review of the procedures for

variations an economy of EUR 11 mio per year.

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Medicated feed

Overall state of Play

Summary

Commission proposal

adopted

September 2014

In legislative procedure

Summary:

The modernisation of the outdated Directive for production and use

of medicated feed will remove barriers due to different national

manufacturing rules. It will reduce administrative burden and

compliance costs for the industries, allow the use of medicated feed

in EU livestock farming at more competitive prices and open up an

important innovation potential in novel medicated feed (pet food)

If Commission Proposal would be adopted:, this would result in cost

savings in medicated feed production of EUR 12 mio.

The gross margin increase due to better market access and

innovation wold reach EUR 30 mio(short term, conservative

estimate, midterm far beyond). The new proposal would also incur a

reduction of ressources/admin burden (not quantified) for industry

directly and midterm for competent authorities.

Estimated savings and

benefits

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State of Play:

Commission Proposal

Adopted 10 September

2014

COM (2014) 556

Which REFIT

objective(s) does the

Commission pursue?

This proposal will:



Make medicated feed available to farmers and pet owners at a

competitive price



Harmonise manufacturing standards;



Reduce production costs due to the possibility for anticipated

production of medicated feed (before the concrete prescription is

available)



Remove national barriers for innovative, "novel" medicated feed.

SMEs will benefit from:



More legal clarity on residues of veterinary medicines in feed



Less administrative burden to cope with different national

standards for manufacturing medicated feed



Market potentials in new applications such as medicated pet food

Which other objective(s)

does the Commission

pursue?



The smooth functioning of a competitive and innovative internal

market for medicated feed;



a high level of protection of animal and public health.

The costs and economic benefits are not evenly distributed over EU

as the status quo is diverging: In those parts with currently few

rules for manufacturing of medicated feed, an increase in

production costs of roughly EUR 20 mio can be expected. In the

rest of the EU expected cost savings will be over EUR 30 mio.

The expected benefit of the innovation potential is in the short term

in the order of EUR 30 mio but can reach mid term several hundred

million EURO.

Estimated savings and

benefits

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Food information

Overall state of Play

Under preparation

Summary:

The initiative concerns the Commission assistance for

implementation and application of food information rules set out in

Regulation (EU) No 1169/2011 such as e.g. guidance document,

questions and answers on the application of the Regulation or

specific databases.

Not applicable as the initiative relates to the Commission assistance

to the implementation and application of food labelling rules.

Summary

Estimated savings and

benefits

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State of Play:

Under preparation

Implementation reported

by MemberStates

Commission assistance to

implementation and

application of food

labelling rules

Implementation

National measures on allergen/intolerance labelling

adopted in 20 Member States.



have been



Estimated savings and

benefits

Questions and answers document by Commission on the

application of the Regulation to be available by end of 2016

Guidance document by Commission relating to the

provisions on allergens and the quantitative ingredients

declaration to be available by end of 2016

Database by Commission on EU and national requirements

on food labelling to be available by end of 2017

Not applicable as the initiative relates to the Commission assistance

to the implementation and application of food labelling rules.

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Nutrition and Health Claims made on Food

Overall state of Play

Evaluation results

expected 2018

Summary:

Summary

The Commission is evaluating Regulation (EC) 1924/2006 on

nutrition and health claims made on foods with regards to nutrient

profiles and health claims made on plants and their preparations

The evaluation will contain an assessment of

i) whether the provisions in Regulation (EC) No1924/2006 related to

nutrient profiles and health claims on plants and their preparations

are still fit for purpose; and of

ii) the general framework for the plants and their preparations used

in food.

Estimated savings and

benefits

Information not yet available.

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Pesticides

Overall state of Play

Evaluation ongoing and

planned to be finalised in

Q4 2018 / Q1 2019

Summary:

The Commisison is carying out an evaluation of legislation on

Pesticides covering Maximum Residue limit setting and placing on

the market of plant protection products.

The evaluation covers Regulation (EC) No 1107/2009 and

Regulation (EC) No 396/2005 from their application until mid-2016.

It covers amongst others the approval and authorisation procedure

for pesticides and the provisions for setting maximum residue limits

for pesticides.

Estimated savings and

benefits

Information not yet available

Summary

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General food law

Overall state of Play



Fitness check

Ongoing and

expected to be

finalised Q2

2017

The Commission is carrying out a FitnessCheck of the General Food

Law.

The Fitness Check of Regulation (EC) No 178/2002 - the general

food law – covers an assessment of the implementation and

functioning of the basic principles set out therein such as

traceability, responsibilities, the crisis management system as well

as the rapid alert system and the European Food Safety Authority.

Estimated savings and

benefits

Information not yet available.

Summary

Summary:

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Feed additive legislation

State of Play:

Planned 2017

Scope:

Evaluation findings:

Estimated savings and

benefits

Evaluation of the Feed additive Regulation (EC) No 1831/2003

Information not yet available

Evaluation

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Food contact materials

State of Play:

Planned

Scope:

Regulation (EC) No 1935/2004 on materials and articles intended

to come into contact with food

Implementation at EU-level of the legislation on food contact

material will be further strengthened, in order to ensure a well-

functioning internal market while ensuring a high level of protection

from health risks.

Input of the REFIT Platform:

In its opinion on

materials and articles intended to come into

contact with food,

the majority of members recommend that the

Commission issues a common European requirement for a

declaration of compliance for all types of food contact materials.

The Commission will examine how the recommendations of the

Platform could be addressed in the context of its implementation

follow-up of EU food contact materials legislation and it plans to

follow up on the opinion on veterinary medicinal residues in

foodstuffs through a new delegated act planned for adoption before

the entry into application of the new Official Control Regulation

which is foreseen for adoption in legislative procedure later this

year.

Implementation follow-up

Evaluation findings:

Estimated savings and

benefits

Not yet available.

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Initiatives in the area of Internal Market, Industry, Entrepreneurship and

SMEs

Mutual Recognition for goods

Overall state of play:

Summary



Planned for

adoption in 2017

(CWP 2017)

The Commission carries out an evaluation of the application of the

mutual recognition principle in the field of goods and the Mutual

Recognition Regulation (EC) No 764/2008) and is planning a

proposal in the framework of its work programme for 2017.In 2017,

the Commission will act to strengthen the single market in goods,

notably by facilitating the mutual recognition and addressing the

increasing amount of non-compliant products on the EU market

through REFIT revisions of the relevant legislation. This will allow

entrepreneurs to offer their products more easily across borders

while offering incentives to boost regulatory compliance and

restoring the level playing field to the benefit of businesses and

citizens.

The emerging findings of the evaluation of mutual recognition of

goods suggest that the functioning of the principle is not optimal.

Therefore, the Commission considers a follow-up initiative to

achieve a fairer and deeper single market for goods through more

and better mutual recognition. Issues of consideration in his context

include legal certainty for businesses and national authorities when

using the mutual recognition principle; communication and

cooperation among users and the role of Product Contact Points and

the risk for businesses to see market access denied.

Mutual recognition is key for a proper functioning of the single

market for goods through the elimination of technical obstacles to a

genuine free movement. The principle of mutual recognition itself is

embedded in Articles 34 and 36 of the Treaty on the Functioning of

the European Union (TFEU), and its further elaboration resulted

from established case law.

Summary

Estimated savings and

benefits

Information not yet available.

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State of Play:

Ongoing, to be finalised

2017

Scope:

Evaluation

Evaluation of the application of the principle of mutual recognition

in goods in the non-harmonised area and of the Mutual Recognition

Regulation (EC) No 764/2008)

Information not yet available.

Findings:

Estimated savings and

benefits

State of Play:

Planned 2017

Which REFIT

objective(s) did the

Commission pursue?

Commission Proposal

Revision of the Mutual Recognition Regulation, to achieve a fairer

and deeper single market for goods through more and better mutual

recognition. Issues of consideration in his context include legal

certainty for businesses and national authorities when using the

mutual recognition principle; communication and cooperation

among users and the role of Product Contact Points and the risk for

businesses to see market access denied.

Information not yet available.

Which other objectives

did the Commission

pursue?

Estimated savings and

benefits

Information not yet available.

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Public procurement

Overall state of Play

Adopted

Commission proposals

adopted on 20 Dec 2011

Legal act adopted on 26

February 2014

Application on 17 April

2014

Transposition deadline: 18

April 2016

Evaluation Planned for

April 2019

Summary:

The Commission proposed in December 2011 to simplify public

procurement procedures, Parliament and Council supported these

objectives, the proposals became effective on 17 April 2014. The

initiative delivers a modern and effective set of procurement rules

including the creation of a European Single Procurement Document

which is a standardised self-declaration that greatly facilitates

participation in procurement procedures.

Every year, over 250 000 public authorities in the EU spend around

14% of GDP on the purchase of services, works and supplies.

To create a level playing field for all businesses across Europe, EU

law sets out minimum harmonised public procurement rules. These

rules organise the way public authorities and certain public utility

operators purchase goods, works and services. They are transposed

into national legislation and apply to tenders whose monetary value

exceeds a certain amount. For tenders of lower value, national rules

apply. Nevertheless, these national rules also have to respect the

general principles of EU law.

Estimated savings and

benefits

The new Directives make public procurement in Europe more

efficient, with smarter rules and more electronic procedures.

Authorities that have already made the transition to eProcurement

report savings between 5 and 20%. With EU Member States

spending yearly more than €1.9 trillion for procurement each 5%

saved could return almost €100 billion to the public purse.

Given the complexity of the market and the regulation, the

Commission did not estimate the overall savings of its proposal.

However, savings stemming from specific policy options and

various individual provisions were estimated and can be found in the

impact assessment.

Building on the results of the Administrative Burden Reduction

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Summary

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Programme (ABR), the follow-up study ABR+ estimated, for the

provision related to only the winning bidder providing the original

documents of eligilbility, a decrease in administrative burden

ranging between 29% and 58% in 5 Member States (CY, DE, PT,

SK, NL).

In its upcoming evaluation in 2019 the Commission will verify the

economic effects of the Directives on the internal market, in

particular in terms of factors such as the cross border award of

contracts and transaction costs, resulting from the application of the

thresholds.

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State of Play:

Proposed by the

Commission on 20 Dec

2011

COM(2011)0896,

COM(2011)0895 and

COM(2011)0897

Which REFIT

objective(s) did the

Commission pursue?

Commission Proposals

Simplification of procedures and reduction of administrative burden

via:



Specific measures for SMEs: Bidders for public tenders can

provide self-declarations, rather than original documents or

certificates, showing that they meet eligibility criteria. Only the

winning bidder would be asked to provide the original

documents.



Breaking tenders down into smaller lots is encouraged.



Reduction of the limitation of maximum turnover requirements

to a maximum twice the contract value.



Greater use of e-procurement is encouraged.

Which other objectives

did the Commission

pursue?

Simplification of procedures and greater flexibility to make public

procurement more efficient and more strategic, respecting the

principles of transparency and competition to the benefit of both

public purchasers and economic operators. Introduction of a stable

legal framework for concessions, offering legal security for

economic operators and contracting authorities. Creation of a level

playing field for concessions across Europe. Introduction of

transparency and equal treatment of economic operators bidding for

concessions.

Given the complexity of the market and the regulation, the

Commission did not estimate the overall savings of its proposal.

However, savings stemming from specific policy options and

various invidiual provisions were estimated and can be found in the

impact assessment.

Estimated savings and

benefits

State of Play:

Adopted by the Legislator

on 26 February 2014

Directive 2014/24/EC

the European Parliament

and of the Council of 26

February 2014 on public

procurement

Directive 2014/25/EC

the European Parliament

and of the Council of 26

Legal Act

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February 2014 on

procurement by entities

operating in the water,

energy, transport and

postal services sectors

Directive 2014/23/EC

the European Parliament

and of the Council of 26

February 2014 on the

award of concession

contracts

Outcome of Legislative

Procedure

The Council did not accept the 'European Passport Procurement' that

Commission had been proposing as an instrument for the

simplification of documentation requirements. Member States found

that such an additional document would create new administrative

burden and would be at odds with new technological developments

towards online databases making documents directly available to

contracting authorities.

The European Single Procurement Document (ESPD) was

introduced instead as an alternative means of achieving the same

objectives of simplification of documentary requirements.

Estimated savings and

benefits

No update of the estimated savings was performed following the

changes in legislative procedure.

State of Play:

Application on

17 April

2014

Transposition

18 April 2016

deadline:

Implementation

Evaluation Planned for

April 2019

Implementation reported

by MemberStates

Current state of implementation: 17 Member States still need to

implement at least one Directive in full; in 3 further Member States,

measures have been adopted but have either not entered into force

yet or have entered into force since April 2016.

In its upcoming evaluation in 2019 the Commission will verify the

economic effects of the Directives on the internal market, in

particular in terms of factors such as the cross border award of

contracts and transaction costs, resulting from the application of the

thresholds.

In relation with the specific measure linked to the winning bidders to

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Estimated savings and

benefits

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provide the original documents of eligibility: the follow-up in the

ABRPlus exercise covered the provisions described in

COM(2011)896 of the requirement that only the winning bidder

needs to provide the original documents of eligibility (such

provisions are now incorporated in the new Directives).

- Twelve Member States already implemented the relevant

provisions between 2007 and 2014 even though MS only need

to transpose the directive by April 2016 (DE, IE, ES, CY, LV,

LT, MT, NL, AT, PT, RO, SK).

- For 2 Member States the degree of implementation is unclear while

10 Member States have not yet implemented the provision (EL, SE).

- One Member States indicated that they include additional

requirements when implementing the provision that can lead to an

increase in administrative burden (CZ).

In 5 Member States cost reductions were estimated to range between

29% and 58% (CY, DE, PT, SK, NL), while the initial estimation by

the Commission predicted savings of administrative burden of 50%.

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Standard Procurement Document

Overall state of Play

Legal act adopted on 5

January 2016

Evaluation Planned for

2017

Summary:

Commission Implementing Regulation on the European Standard

Procurement Document (introduced by the new Public Procurement

Directives.

The Commission introduced a European Single Procurement

Document as a standardised self-declaration to facilitate

participation in procurement procedures.

Estimated savings and

benefits

No solid data available therefore the savings could not be quantified.

According to information from Finland, the use of ESPD may save

between 2 to 3 hours per business participating a public procurement

procedure. An evaluation is planned for 2017 which will assess the

extent of the savings realised.

Summary

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State of Play:

Adopted by the

Commission on 5

January 2016

Commission

Implementing Regulation

(EU) 2016/7

Commission Implementing Regulation

Which REFIT

objective(s) did the

Commission pursue?

Commission Implementing Regulation on the European Standard

Procurement Document (introduced by the new Public Procurement

Directives.

Reduction of the administrative burden related to the tendering

procedure: all businesses will be able to self-declare electronically

that they meet the necessary regulatory criteria or commercial

capability requirements through a standardized form, and only the

winning company will need to submit all the documentation proving

that it qualifies for the contract. This will not only improve cross-

border participation but also national procedures where no

alternative solution was in place.

A free, web-based system was developed for Member States and

businesses. The system which is hosted by the Commission but also

made available as open source, is already reused in the federal

service provided in Netherlands. Other countries like Slovenia also

plan to reuse the code.

Which other objectives

did the Commission

pursue?

Estimated savings and

benefits

Follow-up of the new legislative framework on public procurement -

simplification of the administrative formalities of the tender

procedure

There was no impact assessment made for this proposal, as the

ESPD was introduced during the trialogue in the public procurement

directives therefore there is no quantification of the estimated

savings.

State of Play:

Application or

Transposition

Evaluation Planned for

2017

Implementation reported

by MemberStates

Implementation

Use of the ESPD is linked to the implementation of the Public

Procurement Directives. Currently 17 Member States still need to

implement at least one Directive in full; in 3 further Member States,

measures have been adopted but have either not entered into force

yet or have entered into force since less than 1�½ month.

Use of the ESPD linked to the implementation of the Directives;

consequently, no quantification possible at the current state of

255

Estimated savings and

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benefits

implementation (see above).

According to information from Finland, the use of ESPD may save

between 2 to 3 hours per business participating a public procurement

procedure.

An evaluation is planned for 2017 which will assess the extent of the

savings realised.

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Standard forms for public procurement

Overall state of Play

Legal act adopted on 11

November 2015

Update Planned for

2017

Summary:

Commission Implementing Regulation – update to the standard

forms for public procurement (introduced by the new Public

Procurement Directives).

The standard forms will facilitate the publication of notices linked to

public procurement and contribute to improve the quality of the

notices.

Estimated savings and

benefits

No specific quantification has been carried out as this act as it

implements the rules described in the Directives governing public

procurement. A further update of the forms is planned for 2017

Since 1800 notices are published daily by Tenders Electronic Daily,

even minor increases in savings per notice are likely to have non-

trivial impacts.

Summary

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State of Play:

Adopted by the

Commission on 11

November 2015

Commission Implementing

Regulation (EU)

2015/1986

Which REFIT

objective(s) did the

Commission pursue?

Commission Implementing Regulation

Commission Implementing Regulation – update to the standard

forms for public procurement (introduced by the new Public

Procurement Directives).

Reducing administrative burden.

Which other objectives

did the Commission

pursue?

Estimated savings and

benefits

Better competition through better access to information by economic

operators, and ensuring non-discrimination thanks to higher

transparency.

No quantification has been carried out, as it is implementing the

rules described in the Directives governing public procurement. A

further update of the forms is planned for 2017. Since 1800 notices

are published daily by Tenders Electronic Daily, even minor

increases in savings per notice are likely to have non-trivial impacts.

State of Play:



Application

Transposition

Implementation

Update Planned

for 2017

Use of the new standard forms linked to the implementation of the

Directives; current state of implementation: 17 Member States still

need to implement at least one Directive in full; in 3 further Member

States, measures have been adopted but have either not entered into

force yet or have entered into force since early 2016.

Use of the new standard forms linked to the implementation of the

Directives; consequently, no quantification possible at the current

state of implementation (see above).

Implementation reported

by MemberStates

Estimated savings and

benefits

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Late Payments Directive

Overall state of Play

COM proposal adopted

on 8 April 2009

Legal act adopted 16

February 2011

Application on 16

March 2013

Evaluation finalized 26

August 2016

Summary:

The Late Payment Directive (Directive 2011/7/EU) is a recast of

Directive 2000/35/EU which has been repealed. It improves the

effectiveness and the efficiency of remedies for late payment

through:



the establishment of maximum payment periods both in

B2B and in transactions where the debtor is a public

administration;

a straightforward entitlement to interests and compensation

for late payment,

the definition of unfair commercial practices.

Summary



These provisions are also expected to reduce administrative burdens

for claiming payments (especially in cross border transactions),

improve cash-flow, and reduce the risk of bankruptcy for individual

companies.

Estimated savings and

benefits

The recent evaluation of the Directive showed that each day of

reduction in payment delays results in savings of €158 million in

costs for financing to EU businesses have been estimated Thanks to

the Directive the average payment period in business transactions in

the EU has dropped by more than 10 days since 2013.

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State of Play:

Adopted by the

Commission on 8 April

2009 - COM(2009)126

Which REFIT

objective(s) did the

Commission pursue?

Commission Proposal

The initial proposal aimed at providing creditors with instruments

that enabled them to fully and effectively exercise their rights when

paid late, and by confronting public administrations with measures

that would effectively eliminate late payment practices. These

objectives were to be achieved through:



the introduction of an entitlement to the recovery of

administrative costs and compensation for internal costs incurred

due to late payment



In the case of public administrations, the proposal aimed at

shortening payment periods through the harmonisation of periods

for payment by public authorities to businesses and at reinforcing

disincentives to late payment by a flat compensation rate from

the first day of the delay amounting to 5% of the invoiced

amount in addition to the interest for late payment and the

compensation for recovery costs



Finally, the proposal also abolished the possibility to exclude

claims for interest of less than €5.

Which other objectives

did the Commission

pursue?

Proposal for recast of Directive 2000/35/EC on combating late

payment in commercial transactions.

The Directive aimed at improving the cash flow of European

business, especially SMEs, which is particularly important in times

of economic downturn. It also aims at facilitating the smooth

functioning of the internal market via the elimination of related

barriers to cross-border commercial transactions

The impact estimated that by harmonising the period of payments by

public authorities to businesses (PA2B), the additional liquidity for

business would amount to almost € 180 billion

Estimated savings and

benefits

State of Play:

Adopted by the Legislator

on 16 February 2011 -

Directive 2011/7/EU

Outcome of Legislative

Procedure

Legal Act

The EP, supported by the Council, introduced a possibility for

Member States to extend the time limit of payments by public

authorities to businesses up to a maximum of 60 calendar days for

any public authority which carries out economic activities of an

industrial or commercial nature or public entities providing

healthcare.

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The compensation fee was eventually set as a flat sum of at least €40

(or equivalent) , instead of the scale of fees (varying according to the

invoice amount), as in the initial proposal

Capping of payment terms for B2B contracts at 60 days (provided

that this is expressly agreed and it is not grossly unfair for the

creditor) was introduced by the EP and confirmed by the Council.

Estimated savings and

benefits

No changes to estimated savings in legislative procedure.

State of Play:

Application on 16 March

2013

Transposition Deadline

March 2016

Evaluation published on

26 August 2016

Implementation reported

by MemberStates

Implementation

Evaluation Findings



The last national implementing measure was communicated to

the Commission in August 2014. As of May 2016, the Directive

is fully and correctly transposed in all the MS.

Some Member States have either maintained or brought forward

provisions that are more favourable to the creditor than the

Directive, for example:



In B2B trasactions, some MS have set up, by law or by court

decisions, maximum payment terms



In PA2B transactions , some MS have not made use of the option

to extend payment terms for certain public sectors (i.e.

healthcare) to up to 60 days



In some MS, the stautory interest rate is increased of more than

8% percentage points (from the reference rate)



Some Member States have introduced additional support

measures, either voluntary or compulsory, to support the

objectives of the Directive, such as: prompt payment codes,

electronic invoicing, mandatory reporting of average payment

periods, penalties/fines

An evaluation was published on 26 August 2016 - SWD(2016)278.

The main conclusions of the Report are:



The Directive has raised awareness about the issue of late

payment, which currently features high in national poliical

agendas.



The Directive has proven to be effective, as it has

contributed to the reduction of the average EU payment

periods, both in B2B and P2A transactions. However, the

average term of 30 days is still not respected across the EU,

and more efforts need to be done by the MS.



The Directive has proven to be efficient, with very limited

regulatory costs for business and public authorities.



The Directive is coherent with other EU policies, as it has

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concurred to create a more favourable environment where

business can grow and become competitive



There is general consensus that the Directive has generated

significant added value. Payment practices have been

streamlined across the EU, removing uncertainty, thus

creating the right conditions for more corss-border

transactions.



On the basis of this background the Report concludes that

there is no evidence justifying a revision of the Directive for

the time being: it should be maintained in its current form to

allow all its effects to bear fruits.

The Report has also identified some areas for improvement:



In the B2B area, where the Directive has maintained a

certain flexibility to protect the freedom of contracts, it is

necessary to frame more clearly certain key concepts and

limit unfair commercial practices. The evaluation has

revealed infact that in B2B transactions creditors are more

reluctant to exercise their rights, mostly out of fear of

damaging their business relationships. This is often the case

for SME who do not have the bargaining power to withstand

or expose unfair commercial practices.

Encourage the development in the MS of initiatives that

support the objectives of the Directive (transparency,

mediation, incentives for timely payment – e.g.

naming/shaming)

Setting up systems to monitor, and report performance and

progress such as average payment periods, based on a

common methodology with guidance and support form the

Commission

Identify and exchange best practices, with the support of the

Commission



Estimated savings and

benefits

According to the Commission’s Report on the implementation of the

Directive, it is too early to state whether the Directive has had the

expected impacts on businesses liquidity. In fact, in view of the

current economic context, it is difficult to isolate the effects that can

be attributed solely to the Directive. On this point, the

Commission’s Report concluded that more time is needed to allow

the Directive to bear fruit.

Nevertheless, the following aspects can be certainly ascribed to the

Directive:



Thanks to the Directive the average payment period in

business transactions in the EU has dropped by more than

10 days since 2013.

Costs associated with applying correctly the Directive are

more relevant for businesses than for PA, who have a more

steady stream of liquidity. Business who were paying

previously late, should now pay, in average, in 60 days. The

cash transfer resulting form shorter payments terms amounts

to larger sums of money to be released. However this is

quickly offset by the expected benefits, as these same

businesses will also be paid within shorter delays. For each

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day of reduction in payment delays, €158 million are saved

by EU businesses in finance costs.

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Construction Products Regulation

Overall state of Play

Proposal 23 May 2008

Legal Act adopted 9

March 2011

Application 1 July 2013

Implementation Report

July 2016

Fitness check Ongoing,

to be finalised end 2017

Summary:

The Construction Products Regulation (Regulation (EU) 305/2011)

aims at consolidating the Single Market for construction products,

by means of simplifying the existing previous framework and

creating a common system for the marketing of construction

products to be used in a uniform manner by economic operators and

Member State authorities, and thus enhancing the efficiency of the

system compared with the previous Directive.

Benefits of the technical tools of the Regulation

the Declaration of Performance delivers information on the

performance of a product

the Assessment and Verification of Constancy of

Performance is a system defining how products are assessed

and how the constancy of the assessment results is

controlled

clearer roles for Notified Bodies and Technical Assessment

Bodies.

Summary

This is expected to increase the competitiveness of the European

construction sector as a whole and facilitate the drive towards a level

playing field also for the smallest enterprises.

The recent implementation report concluded that, as the CPR has

been implemented for a relatively short period only, not all the

objectives the CPR was aiming at have been achieved yet. Most of

the challenges reported relate to implementation difficulties and

delayed adaptation by stakeholders. It is not possible for the time

being to draw definite conclusions on the performance of the

legislation. The Commission considers that further work is

considered to improve implementation, particularly at national level.

Input of the REFIT Platform:

Opinion on the

Construction Products Regulation

(CPR),

recommended that the Commission gives priority consideration to

the problems of overlapping and repetitive requirements and the

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need for clear and full European standards covering all requirements

for construction products in the ongoing Fitness Check of the

Construction sector.

The Commission is conducting a Fitness check of the construction

products sector, with a particular focus on identifying any

overlapping and repetitive requirements imposed by EU regulation.

In its recent report on the implementation of the Regulation, the

Commission has, also in accordance with the Platform opinion,

called for further dialogue with stakeholders on the role of European

standards.

Estimated savings and

benefits

The net annual benefits of the Commission proposal were expected

to range between +145 to +555 million euros at the time of the

proposal put forward by the Commission. Studies are ongoing to

assess the magnitude of real savings over the implementation period.

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State of Play:

Adopted by the

Commission on 23 May

2008 – COM(2008)311

Commission Proposal

Which REFIT

objective(s) did the

Commission pursue?

Building on the experience gained through the application of

Construction Products Directive, the Regulation includes a number

of measures aimed at clarifying the system and simplifying the

procedures for assessment and verification of the performance of

products.

Simplification measures included:



micro-enterprises can choose simpler ways of showing that

any one-off construction product put on the market meets

applicable product performance requirements.



Specific simplified measures are foreseen for dealing with

individual and non-series products.



The procedures for obtaining a European Technical

Assessment (ETA) are simplified and clarified.



European standardisation bodies and Technical Assessment

Bodies are encouraged to replace testing in the harmonised

technical specifications by other less onerous methods.

These measures were expected to significantly reduce the

administrative cost of placing construction products on the European

market without decreasing the levels of safety for construction

works.

Which other objectives

did the Commission

pursue?

Estimated savings and

benefits

Facilitate the circulation and use of construction products on the

Single market.

The net annual benefits were estimated in the impact Assessment to

range between +145 to + 555 million euros for the preferred option.

State of Play:

Adopted on 9 March 2011

Regulation (EU)

305/2011

Outcome of Legislative

Procedure

Legal Act

The simplification objective intended by the proposal was realized

in the adopted act. A simplified regime for micro-enterprises

through the use of simplified assessment methods has been

established, albeit with additional administrative requirements which

have reduced its value for micro-enterprises.

Due to the limited availability of data, there was no update of the

estimates following the legislative procedure

Estimated savings and

benefits

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State of Play:

Application on 1 July

2013

Implementation report

July 2016

Implementation by

Member States

Implementation

COM(2016) 445 - this implementation report concluded that, as the

CPR has been implemented for a relatively short period only, not all

the objectives the CPR was aiming at have been achieved yet. Most

of the challenges reported relate to implementation difficulties and

delayed adaptation by stakeholders. It is not possible for the time

being to draw definite conclusions on the performance of the

legislation. Further work is considered necessary by the Commission

to improve implementation, particularly at national level.

Studies are ongoing to quantify the costs and benefits of the CPR.

Data are expected by Q4 2016-Q1 2017

Estimated savings and

benefits

State of Play:

Ongoing, to be finalised

end 2017

Scope:

Fitness Check

Fitness Check on the construction sector, with a focus on the

following 15 EU legislative texts in the policy fields of Internal

Market, Energy Efficiency, Environment and Health & Safety:



Construction Products Regulation (No 305/2011)

Professional Qualifications Directive (2005/36/EC)

Services Directive (2006/123/EC)

Late Payments Directive (2011/7/EU)

Energy Efficiency Directive (2012/27/EU)

Energy Performance of Buildings Directive (2010/31/EU)

Ecodesign Directive (2009/125/EC)

Energy Labelling Directive (2010/30/EU)

Renewable Energy Sources Directive (2009/28/EC)

Occupational Safety and Health Framework Directive

(89/391/EEC)

Directive on the Manual Handling of Loads (90/269/EEC)

Directive on Temporary or Mobile Construction Sites

(92/57/EEC)

Asbestos Directive (2009/148/EC)

Waste Framework Directive (2008/98/EC)

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

Findings:

Estimated savings and

benefits

Environmental Impact Assessment Directive (2011/92/EU)

Information not yet available.

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Recognition of professional qualifications

Overall state of Play

Commission proposal

adopted on 19

December 2011

Legal act adopted on 20

November 2013

Transposition Deadline

18 January 2016

Evaluation Planned for

2019

Summary:

The Professional Qualifications Directive (Directive 2005/36/EC)

provides the European framework for the recognition of professional

qualifications esential in the context of the free movement of

professionals. In 2011, the Comission proposed a targeted revision

of the Directive, and in 2013 an amending Directive was adopted by

the legislator, aiming at simplifying the rules organising the

recognition of professional qualifications.

In 2011 the Commission estimated different cost savings in its SWD

accompanying the proposal. Such savings relate to a reduction of the

time national authorities need for assessing qualifications. There

could be potential savings for citizens and businesses with the more

limited use - as a consequence of the European Professional Card

which has begun to be implemented in relation to certain professions

by way of implementing acts - of the hard copies of the so-called

certificates of conformity/good standings requested.

Taking into consideration the combined effect of the whole package,

one could tentatively consider that the modernisation of the

Directive could reduce the costs linked to the assessment of the

requests by 10%.

Although difficult to calculate, the potential savings for citizens and

businesses are real among other examples, the disappearance - as a

consequence of the European Professional Card - of the certificates

of conformity requested today would actually save up to € 80 per

professional. Moreover, the decrease of the translation costs will

also be important and will benefit citizens.

As the Directive has not been fully transposed in all the Member

States, it is too early to quantify the real savings brought about by

the Directive.

Summary

Estimated savings and

benefits

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State of Play:

Adopted by the

Commission on 19

December 2011 –

COM(2011)883

Which REFIT

objective(s) did the

Commission pursue?

Commission Proposal

Lighter requirements for recognition of professional experience:

clarification and simplification of the conditions for temporary

provision of services and mutual recognition of qualifications,

extending the scope of automatic recognition and introduction of the

partial access concept as well as of recognition of professional

traineeships.

Easier information-sharing among Member States through IMI

(Internal Market Information system).

A European Professional Card (EPC) recognition procedure is

introduced in order to facilitate recognition of qualifications; this is

an electronic procedure based on IMI. The use of IMI becomes

compulsory for administrative cooperation in this field.

Access to information and electronic procedures: the scope of the

PSCs under the Services Directive was clarified and MS must

ensure that all recognition procedures can be accomplished on line.

Transparency and mutual evaluation of regulated professions aiming

at modernising regulation.

Which other objectives

did the Commission

pursue?

Simplification of the rules organising the recognition of professional

qualifications, reinforcing the safety and protection of

patients/consumers and introducing a mutual evaluation exercise of

regulated professions through which Member States were invited to

actively perform a review and to modernize their regulations

governing access to professions or professional titles.

All these measures will facilitate and accelerate recognition

procedures and improve access to the professions.

The use of IMI for administrative cooperation between competent

authorities and for the EPC and also the use of the point of single

contact will reduce the administrative burden and costs for

professionals (as explained in the 2011 impact assessment outlined

above). Moreover, it will not lead to additional cost for the Member

States, as the decision to cover all professions within the

Professional Qualifications module of IMI by the end of 2012 was

already taken. The use of points of single contact will also lead to

cost savings in Member States (as explained in the 2011 impact

assessment outlined above). . Taking into consideration the

combined effect of the whole package, one could tentatively

consider that the modernisation of the Directive could reduce the

costs linked to the assessment of the requests by 10%.

The potential savings for citizens and businesses are real among

other examples, the disappearance - as a consequence of the

European Professional Card - of the certificates of conformity

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Estimated savings and

benefits

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requested today would actually save up to € 80 per professional.

Moreover, the decrease of the translation costs will also be

important and will benefit citizens.

Finally, a more flexible and transparent regulatory environment in

Member States should also have a positive impact on the

employment situation, in particular for young people, and to

enhance economic growth, especially since professional services

amount to around 9% of the GDP in the Union.

State of Play:

Adopted in legislative

procedure on 20

November 2013 -

Directive 2013/55/EU

Outcome of Legislative

Procedure

Estimated savings and

benefits

Legal Act

The adopted Directive includes all of the main REFIT objectives

proposed by the Commission.

Estimations of savings were not modified by amendments in

legislative procedure.

State of Play:

Transposition Deadline

18 January 2016

Evaluation Planned for

2019

Implementation by

Member States

Implementation

In September 2016, the directive is fully implemented in 10

Member

States

only. Absence of transposition of partial

transposition deprive professionals from the benefits of the

directive. This is why the Commission has initiated infringement

procedures against Member States which have not fully

implemented the Directive.

As the Directive has not been fully transposed in all the Member

States, it is too early to quantify the real savings brought about by

the Directive.

An evaluation is scheduled for 2019 that will assess the extent of the

savings realised.

Estimated savings and

benefits

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Enforcement of Intellectual Property Rights

Overall state of Play

Evaluation On going,

planned to be finalised

end 2016

Legislative proposal

planned for end 2016

Summary

The proposal will aim at enhancing civil law protection of

intellectual property rights and reduce the fragmentation reulting

from their enforcement. It will also aim at providing a better and

faster access to civil law measures for IP rightholders in case of an

infringement of their rights at improving legal certainty and at

providing a fair balance between the different fundamental rights

concerned.

Information not yet available.

Summary

Estimated savings and

benefits

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State of Play:

On going, planned to be

finalised end 2016

Scope:

Evaluation

Evaluation of Directive 2004/48/EC on the enforcement of

intellectual property rights (IPRED), covering the last 5 years (2010-

2015) and all 28 MS, will provide an assessment on whether the

measures, procedures and remedies provided by the Directive are fit

for purpose and are still achieving their objectives, in particular in

the fast developing digital environment. While no instrument

provided for by the Directive has been excluded from the evaluation,

particular attention will be given to issues already identified as

problematic. Previous consultations led to the conclusion that a

number of key provisions of the Directive might not function

properly or might not be delivering the expected results, in particular

in the online environment and in a cross-border context. These

included the right of information, provisional and precautionary

measures, injunctions, damages, legal costs and publication of

judicial decisions.

Information not yet available.

Evaluation findings:

Estimated savings and

benefits

State of Play:

Planned

Which REFIT

objective(s) will the

Commission pursue?

Commission Proposal



Better and faster access to civil law measures for IP rightholders

in case of an infringement of their rights

Enhance legal certainty through codification of the relevant

jurisprudence of the Court of Justice of the EU

Enhance civil law protection of intellectual property rights (IPR)

Reduce fragmentation of civil law enforcement rules for IPR

Which other objectives

will the Commission

pursue?

Estimated savings and

benefits



Information not yet available.

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Market surveillance

Overall state of play:

Commission proposal

2013, pending in

legislative procedure

Summary

The proposal for a Regulation on Market Surveillance of Products

aims at strengthening the enforcement of EU product legislation

(safety rules and other) to keep unsafe and non-compliant products

from the EU market.

Together with the proposal for a Regulation on Consumer Product

Safety, the proposal aimed to overcome fragmentation and

inconsistency of rules in the field of product safety and market

surveillance.

Estimated savings and

benefits

Due to the limited availability of reliable data or estimates regarding

the number of unsafe and non-harmonised consumer products, and

the number of non-compliant harmonised products data, savings

could not be quantified.

Summary

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State of Play:

Proposal 13 February 2013

- COM(2013)75

Which REFIT

objective(s) did the

Commission pursue?

Commission Proposal



Clarity regarding procedures leading to product recall or

withdrawal subject to the principle of proportionality, right to be

heard and access to legal remedies.



Clarification of the regulatory framework for market surveillance

in the field of non-food products with the merging of rules on

market surveillance of the General Products Safety Directive

2001/95/EC, Regulation (EC) 765/2008 and many sector-specific

pieces of Union harmonisation legislation into a single legal

instrument that applies horizontally across all sectors;



Establishment of a uniform framework for enforcement activities

by national authorities, avoiding double checks of products and

improving cooperation between authorities and economic operators;



Streamlined procedures for the notification of dangerous

products, and synergies between the existing Rapid Alert

Information System (RAPEX) and the Information and

Communication System for Market Surveillance (ICSMS).

Which other objectives

did the Commission

pursue?



Better protection of business, in particular SMEs, against unfair

competition from non-compliant products and better protection

of consumers against unsafe products;



Establishment of a framework for regular consultation with

business (incl. SMEs) and other stakeholders on implementation,

including through the European Market Surveillance Forum;

Estimated savings and

benefits

Due to the limited availability of reliable data or estimates regarding

the number of unsafe and non-harmonised consumer products, and

the number of non-compliant harmonised products data, savings

could not be quantified.

State of Play:

Legal Act



Pending in

legislative

procedure

The 1

reading position was adopted on 15 April 2014: No

amendment was made to the REFIT objectives. Some amendments

concerning penalties could be counter-productive to a level playing

field for businesses.

On 9 July 2014, the Commission issued its opinion on the individual

amendments proposed by the European Parliament accepting 58

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Procedure

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amendments in their entirety and 47 amendments partially or in

principle subject to modifications whilst rejecting 28 amendments.

Outcome of Legislative

Procedure

The negotiations are stalled due to divergent opinions of Council

Member regarding the proposed mandatory labelling of the product's

country of origin in Article 7 of the Consumer Product Safety

Regulation proposal which is negotiated as a package with the

Market Surveillance proposal.

Not applicable.

Estimated savings and

benefits

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Lifts Directive

Overall State of Play:

Evaluation on going ,

planned to be finalised by

mid 2017

Scope:

Evaluation findings:

Estimated savings and

benefits

Evaluation of Directive 95/19/EC on lifts

Information not yet available.

Summary

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Machinery Directive

Overall state of Play:

Evaluation ongoing ,

planned to be finalized by

end 2017

Scope

Evaluation findings

Estimated savings and

benefits

Evaluation of Directive 2006/42/EC on Machinery

Information not yet available.

Summary

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Oil Refining industry

State of Play:

Fitness check finalised Q1

2016

SWD(2015)284/2

Scope:

Sectoral Fitness check – assessement of the impact of 10 relevant

EU legislation on the petroleum refining industry (the Renewables

Energy Directive, the Energy Taxation Directive, the EU Emissions

Trading System, the Fuels Quality Directive, the Directive on Clean

and Energy Efficient Vehicles, the Industrial Emissions Directive,

the Strategic Oil Stocks Directive, the Marine Fuels Directive, the

Energy Efficiency Directive and the Air Quality Directive.

Benefits: No regulatory gaps, overlaps, inconsistencies or obsolete

measures leading to excessive administrative burdens have been

identified. Evidence of synergies have been noted with the reporting

obligations under the fuel quality legislation that are in line with the

other reporting obligations part of the enforcement system for the air

quality of road transport emissions.

Costs: The costs borne by the refining sector can be considered

proportionate relative to the benefits achieved. Nonetheless, the

average cumulative cost resulting from the impact of the legislation

considered is is estimated to account for up to 25% of the total net

loss of competitiveness of the sector in terms of the decline in the

observed net margin.

This indicates that there are other factors present that taken together

had a stronger influence on the economic performance of the

refining sector. Some of these factors are plant-specific such as the

configuration, size and location of refineries. Other factors include

the relatively high level of input costs of refineries and in particular,

energy costs and the high variability of the relative quantities of

petroleum products produced by refineries as well as diverse input

costs such as revenues, operating costs, and, therefore, net margins.

Legislative follow-up is not foreseen. The results of this fitness will

feed broader evaluations of the overall performance of the relevant

EU measures such as e.g. the evaluation of the Fuel Quality

Directive.

Estimated savings and

benefits

According to the findings of the consultant, it may be assumed that

the regulatory costs increased from 2000 to 2008 and thereafter

stabilised. The identified impact of regulation on the costs of the

performance of refineries primarily implies the diversion of some

revenues towards regulatory compliance investments and operating

costs rather than towards other investments and operational

adjustments to improve competitiveness. Some of the more efficient

refineries have been able to absorb these costs and remain profitable,

but this has not been the case for the others.

Summary

Evaluation findings:

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The results of this fitness check will feed broader evaluations of the

overall performance of the relevant EU measures such as e.g. the

evaluation of the Fuel Quality Directive.

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Forest based industries

Overall state of Play:

Cumulative cost

assessment ongoing

planned to be finalised

2016

Scope

Cumulative cost assessment of the cost impacts of the most relevant

EU legislation and policies for the EU forest-based industries

(woodworking and pulp and paper) between 2005 and 2014. The EU

legislation analysed was prioritised from over one hundred acts and

grouped in eight policy areas or “legislative packages”. These

included: competition; climate & energy; environment; forest-

related; employment; product-related; transport; trade. (NB

competition policy was later discarded as having no or negligible

costs and trade policy was not found to be relevant for the

woodworking sub-sector).

In addition, an analysis of the industries’ cost structures will be

made in relation to key international competitors (Brazil, China, and

USA).

Preliminary Findings

The regulatory costs differ considerably within and across F-BI sub-

sectors.

The variability of costs across the different F-BI sub-sectors is

significant and reflects differences in product groups and their

production chains. The highest cost by far as a percentage of added

value is observed in wooden containers and packaging, amounting to

16.4% (average annual figure over 2005-2014), and the lowest in

builders’ carpentry and joinery, at 1.3%. The cost for wood-based

panels represents 10.8% of the sub-sector’s added value, for pulp

5%, for paper and paperboard 4.2% and for sawn-wood 2.6%.

Estimated savings and

benefits

See above – to be updated once the report is adopted.

Summary

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Chemicals industry

Overall state of Play:

Cumulative cost

assessment finalised 11

July 2016

Scope:

Cumulative cost assessment of the most relevant EU legislation and

policies relevant for the European chemicals industry between 2004

and 2014.

The EU legislation analysed covered 70 pieces of legislation,

grouped into seven packages based on their overarching and specific

policy objectives.

Findings:

Total direct costs borne by the subsectors covered by the study

during the period represent around 2% of their turnover and 12% of

the value added. Relative to Gross Operating Surplus (GOS), which

can be used as a proxy for profit, this represents as much as 30% of

this value, indicating that legislation cost is among the important

factors shaping the profitability of the EU chemical industry.

The

Summary

data generated will be used in the upcoming evaluations of the

legislations screened by this exercise.

Estimated savings and

benefits

See above.

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Chemicals legislation (other than REACH)

Overall state of Play:

Fitnesscheck ongoing , to

be finalised end 2017

Scope:

Fitness Check on the most relevant chemicals legislation

(excluding

REACH) as well as related aspects of legislation applied to

downstream industries.

The legal scope includes horizontal chemicals legislation, as well as

chemicals-related aspects in worker safety, transport environmental

protection and product-specific legislation.

Findings:

Estimated savings and

benefits

Information not yet available.

Summary

DG GROW and DG ENV are co-responsible for this fitness check.

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Firearms

State of Play:

Evaluation finalised Q4

2015

COM(2015)751

Scope:

Evaluation of Directive 91/477/EEC on control of the acquisition

and possession of weapons as amended by Directive 2008/51/EC of

the EP and of the Council of 21 May 2008 (Firearms Directive)

The evaluation concluded that the Firearms Directive has positively

contributed to the functioning of the internal market and minimised

the risks associated with the civilian firearms market. Legislation at

EU level has also contributed to the creation of an EU identity for all

producers, dealers and brokers operating within the sector that

currently share common requirements and standards. However, the

Directive sets only minimum requirements which has resulted in

important differences in Member States’ implementation of the

Directive (in particular regarding marking, deactivation,

convertability of alarm weapons). These differences have been

identified by the study as sources of security or market concerns.

On this basis, on 18 November 2015, the European Commission

adopted a package of measures to strengthen rules for the acquisition

and possession in the EU, address loopholes to prevent criminal use

of legal firearms and better track legally held firearms, strengthen

co-operation between MS and ensure that deactivated firearms are

rendered inoperable. Discussions of the Commission's proposal for a

revision of the Firearms Directive (91/477/EEC) are ongoing with

the Council of the EU and the European Parliament.

Estimated savings and

benefits

Due to the limited availability of data, the costs and benefits could

not be quantified and their analysis is mainly qualitative.

In terms of efficiency, the overall results have been achieved at

reasonable costs. The directive does not prescribe any major

investment. Costs related to the implementation of different

provisions serve various objectives and are distributed fairly among

interested stakeholders. The administrative burden and costs

perceived by stakeholders are more linked to the different and

sometimes inefficient administrative procedures implementing the

directive at national level rather than to the Directive itself.

Evidence gathered throughout the study highlights how firearms

represent a very complex sector, historically regulated at national

level. The added value of the Directive lies in the common

regulatoru framrowkr for firearms regulation that would not have

been achieved through national or bilateral itnerventions.

Summary

Findings:

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Remedies Directive (Public Procurement)

Overall state of Play:

Evaluation ongoing,

planned to be finalised end

2016

Scope

Evaluation of Directive 2007/66/EC amending Council Directives

89/665/EEC and 92/13/EEC with regard to improving the

effectiveness of review procedures concerning the award of public

contracts

Information not yet available.

Summary

Findings

Estimated savings and

benefits

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Commercial Agents

Overall state of Play:

Evaluation finalised July

2015

SWD(2015)146

Scope

Evaluation of Council Directive 86/653/EEC of 18 December 1986

on the coordination of the laws of the Member States relating to self-

employed commercial agents

The Directive affects growing market across a wide range of

industrial sectors. It is estimated that in 2012 there were some 590

000 commercial agents in the EU, practically all SMEs, generating a

combined turnover of € 260 billion (ca. 3 % of total commercial

turnover) and providing employment to over 1 million people.

The conclusion of the evaluation is that the Directive meets its

objectives of facilitating cross-border activities and functions well.

The Directive's benefits outweigh its costs, it remains relevant and

continues to have EU added value. Based on these findings, it is

recommended that the Directive is maintained in its current form.

Legislative follow-up is not foreseen.

Estimated savings and

benefits

Benefits: Although it is difficult to assess the impact of a Directive

that was adopted almost 30 years ago in quantitative terms, there are

strong qualitative indications that the Directive has had a significant

impact on facilitating cross-border activities and creating a single

market for commercial representation, and thus meeting its aims.

A significant increase in the number of commercial representation

relationships made across borders over the last 20-30 years is a good

indicator for the Directive’s actual market impact.

Long-term data is available for Germany and Austria. The

proportion of German agents representing principals from other EU

Member States went from 26.5 % in 1984 to 68 % in 2014. A study

from Austria shows that the share of Austrian commercial agents

operating in at least one other country increased from 12 % in 2000

to 39 % in 2014, while the share of foreign principals using Austrian

commercial agents increased from 30 % to 64 % in the same period.

Costs: Qualitative stakeholder feedback shows that the Directive

does not cause administrative burden. Nevertheless, it could entail

additional operational costs for principals as it ensures a minimum

standard for the protection of commercial agents — at least in those

Member States where a similar degree of protection was previously

not granted to agents. This applies to the UK, Ireland and Sweden.

The main element of this protection is that principals must pay

indemnity or compensation after termination of the contract.

Summary

Findings

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Standardisation

State of Play:

Evaluation finalised

COM(2016)212 and

SWD(2016)126 (1 June

2016

Scope

Evaluation of Regulation (EU) No 1025/2012 on European

Standardisation

Overall, no major problem in the application of the Regulation

had been identified. However, some areas for improvement

have been identified. The Commission is considering how to

best tackle them, in particular via the Joint Initiative on

Standardisation that aims at promoting the coherent

implementation of the Regulation through non-legislative

actions in co-operation with the main actors of the ESS.

Legislative follow-up is not foreseen.

Costs: Since 2014 the EU financing of standardisation is about

18 million EUR per year. According to an estimation of the

European Standardisation Organisations, the industry experts

alone spend around more than 900 million EUR each year to

participate in voluntary standardisation work at international,

European and national level.

The Regulation did not add any additional costs to the

European Standardisation System other than the participation

of Annex III organisations (SMEs; consumers, trade unions;

environmental interests) in European standardisation. These

costs are partially offset by grants offered by the Commission

to the corresponding organisations which provide for an

additional value to the European standardisation in terms of

efficiency and effectiveness.

Benefits: A number of studies at national level indicate the

economic benefits of standardisation in general. These include

a share in the increase of labour productivity growth between

27.1% and 37.4% and a share in GDP growth between 23.5%

and 28.4% (Studies, publication year, Member State: DIN,

2000, Germany; AFNOR, 2009, France; Cebr, 2015, UK).

Summary

Findings

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Pre-packaging

State of Play:

Evaluation finalised

COM(2016)438 and

SWD(2016)219 (4 July

2016)

Scope:

Evaluation of the legal framework for pre-packaging (Directive

2007/45/EC

nominal quantities for pre-packed products,

Directive 75/107/EEC on bottles used as measuring containers and

Directive 76/211/EEC on the making-up pre-packaged products (by

weight or volume)

The evaluation has demonstrated that the EU legal framework for

pre-packaging is fit for purpose and that the Directives are effective,

efficient, relevant, coherent with other EU policies and have EU

added value. While the Commission considers that there is no need

to propose amendments, it will discuss the results of the evaluation

with stakeholders and follow them up in order to improve

application of the Directives.

All Member States have transposed and fully implement the

Directives. Differences in national implementation are publicly

documented; these concern administrative and production control

processes that do not lead to different outcomes as regards the

harmonised products placed on the market.

In the light of the variations in national implementation, the

Commission will also seek to promote the exchange of good practice

between stakeholders and develop guidance.

In order to promote the effectiveness of market surveillance, in

particular on imports, administrative cooperation on the Directives

will be enhanced through EU financial support for meetings of the

competent authorities in line with Regulation (EC) No 765/2008.

The Commission will discuss with stakeholders the issues raised as

regards technical aspects and relevant international standards, and

take appropriate action, e.g. develop guidance.

In order to raise consumer awareness, the Commission will provide

more information on the meaning of the 3-mark and the e-mark.

Legislative follow-up is not foreseen.

Estimated savings and

benefits

Benefits: The evaluation showed that all three Directives continue to

be relevant and are generally considered efficient and effective, with

significant added value for all stakeholder groups (consumers,

industry and national authorities). They are perceived as beneficial

in terms of contributing to consumer protection, fostering

competitiveness and supporting the single market. They are also

coherent with, and complement, other EU and national legislation.

As a result, they enjoy widespread support from all stakeholder

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Summary

Findings:

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groups.

Costs: It is estimated that the total one-off cost of the marking

Directives across the EU 28 at € 440 million (=1.3% of annual value

added). The majority of these costs would, however, also be

incurred in the absence of the optional marking Directives since the

requirement to indicate nominal quantity would remain. Most of

these costs were incurred a long time ago but given the relatively

low cost of weighing equipment, new market entrants are unlikely to

perceive costs as an obstacle to taking up the markings.

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Glass and ceramics industries

Overall state of Play:

Cumulative cost

assessment ongoing to be

finalised 2017

Scope:

Cumulative cost assessment of the most relevant EU legislation for

the EU glass and ceramics industries

Information not yet available.

Summary

Findings:

Estimated savings and

benefits

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Design System

Overall state of Play:

Evaluation expected to be

finalised Q2 2017

Scope

Evaluation of Directive 98/71/EC on the legal protection of designs

and of Regulation 6/2002 on Community Designs

Findings

Estimated savings and

benefits

Information not yet available.

Summary

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Aerosol Dispensers

Overall state of Play:

Ealuation planned 2017

Scope

Findings

Estimated savings and

benefits

Evaluation of Directive 75/324/EEC on aerosol dispensers

Information not yet available.

Summary

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Liability for defective products

Overall state of Play:

Evaluation planned 2017

Scope

Evaluation of Council Directive 85/374/EEC concerning Liability

for Defective Products (LDP) as modified by Directive 1999/34/EC

Information not yet available.

Summary

Findings

Estimated savings and

benefits

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European Observatory on Infringements of Intellectual Property

Overall state of Play:

Evaluation planned 2017

Scope

Evaluation of Regulation No 386/2012 – European Observatory on

Infringements of Intellectual Property

Information not yet available.

Summary

Findings

Estimated savings and

benefits

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Digital Single Gateway

Overall state of Play



Commission

Proposal

Planned for

2017

The proposal for a Digital Single Gateway will extend and integrate

European and national online portals to work towards a Single

Digital Gateway. It is included in in the Communication on a

'Digital Market Strategy for Europe' of May 2015.

Summary

Summary:

Input of the REFIT Platform:

In the REFIT Platform opinion on

Points of Single Contact

most

members of the Government group recommend the establishment of

a single entry point for business in each Member State to assist

companies operating in the Single Market. These members and the

Stakeholder group also support that the Commission establishes

minimum criteria for the performance of Points of Single Contact

and that this exercise is integrated into the preparations of the Single

Digital Gateway proposal and aligned with other relevant initiatives

such as the services passport.

As outlined in the Digital Single Market and Single Market

Stratggies, it is planned that the Digital Single Gateway initiative in

2017 will introduce detailed, quality requirements in a user-friendly

way into one platform, mainstreaming relevant EU and national on-

line information.

Estimated savings and

benefits

Information not yet available.

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Initiatives in the area of Transport

Recording Equipment in Road Transport

Overall state of Play

Proposal adopted on 19

July 2011

Legal act adopted on 1

March 2014

Application date: 2

March 2016

Evaluation Planned for

June 2020

Summary:

Regulation (EU) No 165/2014 on recording equipment in road

transport requires the use of digital (smart) tachographs in new

vehicles above 3.5 tons , incorporating satellite and short-range

communication modules, as well as enhanced criptography and

sealing.

The new smart tachograph is expected to bring about a reduction on

the number of tachograph manipulations, having in turn an

immediate effect on road safety (saving lives) and a reduction of the

costs associated to road accidents. The incorporation in the

tachograph of a short-range communication module for transmission

of data to enforcers will help the latter to better target the vehicles to

be halted in the course of a roadside check, hence enhancing

efficiency in the use of the budget earmarked to enforcement

Regulation 165/2014 builds on the work of the administrative

burden reduction (ABR) programme.

Estimated savings and

benefits

The economic impact of Regulation (EU) No 165/2014 is expected

to result in a reduction of administrative burden of EUR 415.5

million.

Summary

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State of Play:

19 July 2011 -

COM(2011)451

Which REFIT

objective(s) did the

Commission pursue?

Commission Proposal



The further use of digital tachographs will improve enforcement

of rules and reduce the administrative burden for transport

companies, which use tachographs, in the medium and long term.



The so-called "form of attestation of activities", major source of

administrative burden according to stakeholders, is no longer

compulsory.



Member States should have the option to exempt lorries of less

than 7.5 tons from the tachograph regulation if they carry

materials, equipment or machinery for the driver’s use in the

course of his work and used within a radius of 100 km and

provided that driving the vehicle is not the driver’s main activity

(mainly craftsmen).

Which other objectives

did the Commission

pursue?

Estimated savings and

benefits

The initiative updates legislation on the digital tachograph linking

up to satellite positioning systems and to public control authorities.

Reduction of administrative burden of EUR 515.5 million were

envisaged that would be felt in particular by SMEs.

State of Play:

Regulation (EU) No

165/2014

Adopted on 1 March 2014

Outcome of Legislative

Procedure

Legal Act

The final Regulation does not include a provision on the merger of

tachograph driver cards with driving licences which weakens the

foreseen reduction of administrative burden. However, the new

Regulation did suppress the compulsory nature of the "form of

attestation of activities". The option to exempt craftsmen driving

within a radius of 50 km from their base has been extended into a

right to Member States to grant an exclusion of vehicles used by

craftsmen within a radius of 100 km from the base of the

undertaking from the need to equip the vehicles with a tachograph,

thereby substantially improving on the Commission proposal.

No specific update provided following the legislative procedure

even though the reduction of administrative burden is weakened.

However, given that driver and tachograph cards are not merged, it

is therefore necessary to deduce EUR 100 million from the

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Estimated savings and

benefits

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estimated savings provided in the impact assessment supporting the

Commission proposal (EUR 515.5 million)

State of Play:

Entry into force: 1 March

2014

Application date: 2 March

2016, except Art 24, 34,

and 45: 2 March 2015

Evaluation Planned for

June 2020

Implementation reported

by MemberStates

Implementation

All MS have communicated to the Commission the necessary

information on type-approval authorities, approved workshops and

workshop cards. In addition, LT, RO, DE, LV, SE, NL, HR, HU,

AT, EL, BE have informed about the adoption of national rules for

the implementation of Regulation 165/2014.

Not available yet

Estimated savings and

benefits

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Market access rules in road freight transport

Overall state of Play

Evaluation to be

finalised in October

2016

Legislative proposal

under preparation for

2017

Summary:

The evaluation found that the applicable legislation on market

access rules in road freight transport is partly effective with

difficulties encountered in the practical application and enforcement.

On this basis, the Commission is working on proposals aiming at

clarifying and simplifying certain provisions of Regulations (EC)

No 1071/2009 and 1072/2009. The corresponding amendments

would facilitate their implementation by Member States, decrease

administrative burden and bring a more uniform application across

the EU

Estimated savings and

benefits

The evaluation found that the savings of the Regulations are with

EUR 8-14 mio substantially lower than the expected EUR 172 mio

estimated initially at the time of the adoption due to the late

implementation of the European Register of Road Transport

Undertakings. Costs for setting up national registers were 70%

lower than estimated.

Savings from the new Commission proposals will be reported when

available.

Summary

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State of Play:

To be finalised in October

2016

Scope:

Evaluation

Evaluation of Regulations (EC) 1071/2009 on access to the

occupation of road transport operator and 1072/2009 on common

rules for access to the international road haulage market

This evaluation builds on the work of the administrative burden

reduction programme.

Evaluation findings:

The evaluation concluded that overall the Regulations provide an

appropriate framework to achieve the objectives of more harmonised

conditions for access to the profession and to the international road

transport market. Regulation (EC) No 1072/2009 was partly

effective in achieving its original objective of enhancing compliance

with the requirement of the temporary nature of cabotage.

However, significant issues were encountered. The main difficulties

were linked to the practical application and enforcement of the

principles laid down in the Regulations. Differences in interpretation

of their provisions by Member States and hauliers, inconsistencies in

enforcement practices and lack of cooperation between Member

States hinder the effective enforcement of the Regulations and bring

about legal uncertainty for the operators.

Estimated savings and

benefits

The benefits experienced to date due to reductions in administrative

costs are EUR 8 million to €14 million per annum and thus much

lower than the amount originally anticipated EUR 175 million. This

is due both to the fact that not all of the Member States' national

electronic registers are interconnected yet to the European Register

of Road Transport Undertakings (ERRU) leading to the insufficient

use of ERRU by Member States which are already connected.

However, the total cost of setting up national electronic registers and

interconnecting them with ERRU is with €22.1 million, around 70%

lower than the ex-ante cost estimates of €73 million.

State of Play:

Under preparation review

foreseen in 2017

Which REFIT

objective(s) did the

Commission pursue?

Commission proposal

The amendments envisaged would reduce the administrative burden

both for public authorities and private operators. On the one hand,

they would make it easier for control authorities to enforce the

existing legislation. Better use of existing control tools is likely to

reduce the duration of checks, whereas targeting of checks thanks to

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the technical capabilities of the digital tachograph will increase

detection levels. On the other hand, operators would enjoy increased

certainty when planning their transport operations, thanks to the

application of uniform control provisions throughout the EU.

Which other objectives

did the Commission

pursue?

The proposals would aim to clarify and simplify certain provisions

of Regulations (EC) No 1071/2009 and 1072/2009. The

corresponding amendments would facilitate their implementation by

Member States and bring a more uniform application across the EU.

Some level of quantification is planned, based on individual

examples. The heterogeneity of the practical market circumstances

across Member States stands in the way of a more generalised,

monetised approach

Estimated savings and

benefits

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Training and certification of seafarers

Overall state of Play:

Evaluation expected to be

finalised by Q1 2017

Scope:

Evaluation of Directive 2005/45/EC on the mutual recognition of

seafarers' certificates issued by the Member States and of Directive

2008/106/EC on the minimum level of training of seafarers.

Information not yet available.

Summary

Evaluation findings:

Estimated savings and

benefits

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Safety Rules and Standards for Passenger Ships

/ Small Crafts

Overall state of Play

Fitness check adopted

16 October 2015

Summary:

The fitness check showed that the EU passenger ship safety

legislation has resulted in improved safety of life but there is scope

to remove outdated, ambiguous or disproportionate requirements,

and to further improve the effectiveness of search and rescue

operations. Based on its recommendations, the Commission

identified a set of follow-up actions to improve and simplify the

common rules on safety of ships carrying passengers in EU waters.

Amendments to the existing legislation was proposed in 2016

related to the safety rules and standards of passenger ships

COM(2016)369, the registration of passengers on boards and

reporting formalities COM(2016)370, as well as on inspections and

safe operation on board of ro-ro ferries COM(2016)371.

The maximum saving potential related to the overlaps between

various inspection regimes has been estimated in the fitness check at

annually EUR 1 million (i.e. reduction of 770 self-standing

inspections/surveys under Directive 1999/35/EC per year for the

entire EU, if the same number and type ships continue in service as

today), part of which has been already carried out in practice by

combining the various types of inspections.

Summary

Estimated savings and

benefits

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State of Play:

16 October 2015

COM(2015)508 final and

SWD(2015)197 final

Scope:

Fitness check

Fitness Check of:

•

Directive 2009/45/EC of the European Parliament and of the

Council of 6 May 2009 on safety rules and standards for passenger

ships

•

Directive 2003/25/EC on specific stability requirements for

ro-ro passenger ships

•

Directive 1999/35/EC on a system of mandatory surveys for

the safe operation of regular ro-ro ferry and high-speed passenger

craft services

•

Directive 1998/41/EC on the registration of persons sailing

on board passenger ships operating to or from ports of the Member

States of the Community

Evaluation findings:

The fitness check showed that the key objectives of the EU

passenger ship safety legislation related to passenger safety and

internal market remain highly relevant. However, it also revealed

that these objectives can, in some instances, be delivered in a

simpler and clearer manner.

The potential to simplify, clarify and repeal a number of ambiguous,

outdated or overlapping requirements has been identified in certain

areas:



Complexity and administrative burden: Mandatory surveys

for the safe operation of regular ro-ro ferries have been

found to significantly overlap with other types of surveys

and inspections (namely flag State surveys and port State

control inspections). The format of the safety standards for

domestic passenger ships is outdated and not aligned with

international requirements.

Ambiguity and lack of transparency: A number of

provisions, definitions and requirements are ambiguous to

such extent that in certain cases they may hinder an effective

implementation of the legislation.

Disproportionate requirements for small ships: The

prescriptive EU standards applicable to small steel ships

only (i.e. covering ca. 70 out of 1950 small ships) have been

evaluated as disproportionate and do not provide sufficient

EU added value to be retained. However, in order to

facilitate access for EU manufacturers to the wider EU

market, some stakeholders raised the possibility of

developing guidelines or a code for all small vessels.



It also showed reduced effectiveness of search and rescue

operations:

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

Outdated support for search and rescue operations: The

current requirements, for accurate passenger data to be

stored and readily available in the company's system ignores

the development of information systems for data exchange

at national level. Furthermore, the recorded data does not

always include all necessary information.

Safety-related issues necessitating further assessment have

been identified.



Importantly, some of these issues may be better first dealt with at the

international level, before further action at the EU level can be

envisaged, particularly as regards the review of applicable damage

stability requirements.

Estimated savings and

benefits

The maximum saving potential has been estimated in the fitness

check at EUR 1 million (i.e. reduction of 770 self-standing surveys

under Directive 1999/35/EC per year for the entire EU, if the same

ships continued in service as today), part of which has been already

realised in practice by combining the various kind of inspections. In

addition the main simplification potential identified by the fitness

check consists of non-measurable aspects such as legal clarity,

certainty and simplicity, facilitating the implementation, monitoring

and enforcement of rules in place.

State of Play:



Proposal planned

for 2017 (CWP

2017)

Commission Proposal – Small Crafts

Which REFIT

objective(s) did the

Commission pursue?

Proposal for a council Recommendation to facilitate and simplify

the construction and cross-border trade of small passenger vessels as

well as their registration. Follow-up to the REFIT Fitness Check on

EU passenger ship safety legislation (COM(2015)508).

Information not yet available.

Which other objectives

did the Commission

pursue?

Estimated savings and

benefits

Information not yet available.

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Road Infrastructure and Tunnel Safety

Overall state of Play

Evaluation finalised in

June 2015

Commission proposal

planned for 2017

Summary

The Directive has had a positive influence on road tunnel safety

management. In particular, the Directive has raised awareness of the

problem of tunnel safety, has prompted investments that

successfully complement other road safety measures, it is credited

with improving the capacity of tunnel managers and emergency

services to manage dangerous events and to prevent and mitigate the

effects of accidents and fires and it has triggered research into new

solutions and technologies. However, the TEN-T road tunnels over

500m are to a large extent not yet in compliance with its

requirements and so the minimum safety standard prescribed by the

Directive is not yet in place. Some of the Member States with a large

number of tunnels will have to face significant challenges in meeting

the 2019 deadline for tunnel refurbishment.

Building on those results, the Commisison is assessing how to best

improve road safety across the EU through improved road and

tunnels infrastructure safety management practices and the use of

innovative techniques. It is also assessing how to reduce

administrative burden on Member States while improving the

efficiency of legislation and ease of implementation for road

infrastructure managers..

Estimated savings and

benefits

Benefits due to improved tunnel safety have not been quantified.

The costs of achieving compliance have been significant in some

Member States. Infrastructure costs vary according to factors that

include the rigour of pre-existing national standards and the tunnel’s

condition. Operational costs are more evenly spread.

An impact assessment is currently assessing in how far integrating

tunnel safety requirements with road safety requirements can lead to

further reduction of administrative burden.

Summary

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State of Play:

Finalised June 2015 –

external evaluation report

Scope:

Evaluation

Evaluation of Directive 2004/54/EC of the European Parliament and

of the Council of 29 April 2004 on minimum safety requirements for

tunnels in the Trans-European Road Network

The principal conclusion is that the Directive has had a positive

influence on road tunnel safety management. In particular, the

Directive has raised awareness of the problem of tunnel safety, has

prompted investments that successfully complement other road

safety measures, it is credited with improving the capacity of tunnel

managers and emergency services to manage dangerous events and

to prevent and mitigate the effects of accidents and fires and it has

triggered research into new solutions and technologies. However,

the TEN-T road tunnels over 500m are to a large extent not yet in

compliance with its requirements and so the minimum safety

standard prescribed by the Directive is not yet in place. Some of the

Member States with a large number of tunnels will have to face

significant challenges in meeting the 2019 deadline for tunnel

refurbishment.

Relevance: The Directive’s objectives and requirements align well

to the problems they are intended to address; some adjustments

could further improve the fit.

Coherence: Directive 2004/54/EC is a coherent component of the

acquis, although there is some support for integration with Directive

2008/96/EC on road infrastructure safety management. Such

integration coud help achieve a more comprehensive approach to the

management of road infrastructure safety. An impact assessment

process was launched in August 2016 with a view to delivering the

findings by Q4 2017.

Effectiveness: Some measures are recognised as having made a

particular contribution to reducing the consequences of incidents in

tunnels; the aggregate impact of the Directive is harder to determine.

Efficiency: The costs of achieving compliance have been significant

in some Member States. Infrastructure costs vary according to

factors that include the rigour of pre-existing national standards and

the tunnel’s condition. Operational costs are more evenly spread.

EU Added Value: The Directive has delivered EU added value,

effecting changes that go beyond what might have been achieved by

national action alone.

Evaluation findings:

Estimated savings and

benefits

Costs for the refurbishment of tunnels and the administration (e.g.

safety inspections) have been quantified for a number of Member

States. The figures show a wide range of variation across Member

States. The quantification of benefits due to improved safety of

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tunnels is not available.

State of Play:



Proposal planned

for 2017(CWP

2017)

Commission Proposal

Which REFIT

objective(s) did the

Commission pursue?

Which other objectives

did the Commission

pursue?

Reduction of administrative burden on Member States while

improving the efficiency of legislation and ease of implementation

for road infrastructure managers.

Improvement of road safety across the EU through improved road

and tunnels infrastructure safety management practices and the use

of innovative techniques.

Contribution to the development of the physical and digital

infrastructure necessary for the proper functioning of advanced

vehicle safety technologies.

Estimated savings and

benefits

Information not yet available.

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Port Reception Facilities

Overall state of Play

Planned

Evaluation completed

31 March 2016

Commission proposal

under preparation

Summary:

The evaluation showed that Directive has reached its main objective,

i.e. to reduce discharges of ship generated waste and cargo residues

at sea. It has also demonstrated clear EU added value, but it has not

reached its full potential in this respect. Key concepts and

obligations in the Directive have been interpreted differently by the

Member States. Furthermore, there is insufficient exchange of

information, hampering monitoring and enforcement of the

Directive. Finally, administrative procedures for reporting and

exemptions are burdensome on both ports and port users, due to

inconsistencies between the EU and international legal framework.

To address shortcomings identified in the evaluation, the

Commission is working on a possible legislative revision.

The benefits from complying with the Directive (primarily based on

avoiding garbage discharges at sea) largely outweigh the costs of

implementation. The difference between benefits and costs is

estimated at 71 million EURO annually.

Summary

Estimated savings and

benefits

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State of Play:

31 March 2016

COM(2016)168 final

Scope:

Evaluation

Evaluation of Directive 2000/59/EC on port reception facilities

(PRF) for ship-generated waste and cargo residues

The approach of the PRF Directive has been relevant with its

objective and has been partially effective, efficient and coherent.

Although it has demonstrated clear EU added value, it has not

reached its full potential in this respect. In line with the main

evaluation findings, issues were identified that could be addressed in

a possible review of the PRF Directive.



Incomplete tracking of waste delivered and different systems for

tracking complicates monitoring progress to the objectives of the

PRF Directive.



Inadequacies in port reception facilities due to insufficiently

consultation of port users



Inefficiencies at the interface between handling waste on ships

and in ports.



Intransparency in waste fees charged to port users mainly due to

a large variety of cost recovery systems .



Administrative burden due to inconsistent notification forms,

differences in scope and definitions between the international

(MARPOL) and the EU legal framework, and differences in

exemption procedures. Insufficient enforcement of the

mandatory delivery of ship generated waste to PRF.

Inconsistencies between the PRF and PortStateControl

frameworks for inspection have resulted in uncertainty as

regards the legal conditions and scope of PRF inspections.

The comparison of the benefits of “garbage not discharged at sea”,

which were based on an estimation of clean-up costs, to the annual

costs related to the implementation of the PRF Directive, which

were primarily associated with the requirement of the waste

notification and the development of the waste reception and

handling plans has shown that the benefits largely outweigh the

costs of implementation. The difference between benefits and costs,

estimated at 71 million EURO annually, is primarily based on the

avoidance of garbage discharges at sea and would be significantly

larger if benefits from avoiding oily waste and sewage discharges

were also included in the estimation. It should however be noted that

these are very general estimates, and there are significant data

limitations when it comes to estimating exact quantities of waste

discharged at sea.

Evaluation findings:

Estimated savings and

benefits

State of Play:

Commission Proposal

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In preparation

Planned for 2017

Which REFIT

objective(s) did the

Commission pursue?

Reduce administrative burden associated with the fucntioning of the

Directive

Simplify the adminstrative framework and procedures by seeking

more alignment with the MARPOL Convention (on which the

Directive is based)



To ensure the availability of adequate facilities



To provide effective (cost) incentives to deliver waste at port

reception facilities



To harmonise and update definitions and forms



To clarify the rules for exemptions

To remove barriers to effective and efficient enforcement

Estimated savings and

benefits

The IA support study will try to quantify the baseline scenario, by

estimating (potential) discharges of waste at sea. This will be

achieved by applying a dedicated model, which will estimate

expected waste deliveries for a group of 40 ports, the data of which

will be compared to actual waste deliveries reported for these 40

ports, based on which the waste discharges at sea can be calculated.

This should form the basis for benefits expected from improving the

Directivem in particular incentivisation / enforcement of delivery of

ship generated waste to PRF.

Which other objectives

did the Commission

pursue?

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Training, Qualification, Licensing in Road Transport

Overall state of Play

Evaluation finalised in

October 2014

Commission proposal

planned for Q4 2016

Summary:

Directive 2003/59/EC on the initial qualification and periodic

training of drivers of certain road vehicles for the carriage of goods

or passengers has been implemented in the Member States without

major problems. It has improved labour mobility and contributes to

ensuring the free movement of drivers. The Directive effectively

contributes to its main objective in ensuring the road safety together

with the legislation mentioned above.

However, while the ex post evaluation has shown that the Directive

has an overall positive effect on the sector, it also identified

shortcomings hindering the effectiveness and coherence of the legal

framework and undermining the original objectives of the Directive.

Building ont hose findings, the Commission is working on revising

the Directive.

Estimated savings and

benefits

In the evaluation the costs increase related to the Directive was

estimated at EUR 1.8 billion per year or EUR 500 per driver per

year of which 44% are born by enterprises and 45% by the drivers.

Savings in reduced fuel use were estimated at EUR 4 – 7 billion per

year, or at EUR 1,100 to 1,900 per driver per year. Overall potential

benefits including in addition reduced costs of traffic accidents and

reduced emissions were estimated to EUR 7 - 10 billion per year.

The impact assessment foresees costs savings, that could account,

over the period 2018 – 2030, for EUR 2.3 million and 6.7 million

for businesses and drivers respectively, with the new proposal.

Furthermore, by revising the training system by reviewing the

content of initial and periodic training cost of a total of EUR 14

million, for 2018 – 2030, could be mitigated.

Summary

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State of Play:

finalised October 2014

Scope:

Evaluation

Evaluation of Directive 2003/59/EC on the initial qualification and

periodic training of drivers of certain road vehicles for the carriage

of goods or passengers.

The evaluation concluded that the Directive had been implemented

in the Member States without major problems; it has improved

labour mobility and contributes to ensuring the free movement of

drivers. The evaluation furthermore confirmed that the Directive

effectively contributes to its main objective in ensuring the road

safety together with the legislation mentioned above.

Furthermore, while the ex post evaluation has shown that the

Directive has an overall positive effect on the sector, it also

identified shortcomings hindering the effectiveness and coherence of

the legal framework and undermining the original objectives of the

Directive. The main identified shortcomings were:

1) difficulties for drivers to benefit from a recognition of

completed/partial training undergone in another Member State;

2) content of the training only partially relevant for drivers' needs;

3) difficulties and legal uncertainties in the interpretation of

exemptions and

4) inconsistencies of minimum age requirement in the Directive on

training of professional drivers (2003/59/EC) and the Directive on

driving licence (2006/126/EC).

The evaluation also identified uncertainty regarding whether it is

possible to combine professional drivers training with other

trainings required under EU law (i.e. the training required to drive

dangerous goods, training on passenger rights and animal welfare).

It also showed that respondents were not clear regarding use of

Information and Communication Technologies (ICT) in the training

(e-learning/blended learning).

Evaluation findings:

Estimated savings and

benefits

The costs increase related to the Directive was estimated at EUR 1.8

billion per year or EUR 500 per driver per year of which 44% are

born by enterprises and 45% by the drivers. Savings in reduced fuel

use were estimated at EUR 4 – 7 billion per year, or at EUR 1,100

to 1,900 per driver per year. Overall potential benefits including in

addition reduced costs of traffic accidents and reduced emissions

were estimated to EUR 7 - 10 billion per year.

State of Play:

Commission Proposal

Expected Q4 2016

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Which REFIT

objective(s) will the

Commission pursue?

Revision of Directive 2003/59/EC on the initial qualification and

periodic training of drivers of certain vehicles for the carriage of

goods and passengers. Follow-Up to an evaluation completed in July

2016.

By ensuring smoother administrative practices for mutual

recognition administrative costs for business and adminsitrations

could be reduced.

Which other objectives

will the Commission

pursue?

The general objective of the initiative is to ensure that the Directive

more effectively contributes to safety provisions as laid down in the

EU common transport policy and the Policy Orientations on Road

Safety and that it complies with the principles of the Internal Market

and facilitates the free movement of professionals active in the

sector.

Three specific objectives have been identified:

- Ensure smooth administrative practises for mutual recognition in

Member States;

- Ensure that the training content better targets recent technological

developments, road safety and fuel efficiency;

- Improve legal clarity of the Directive and coherence with other EU

legislation.

Estimated savings and

benefits

A revision would make it possible to resolve the issues related to

mutual recognition at the lowest costs. This is estimated at EUR 6.3

million for the period of 2018 – 2030. This change will bring

benefits to the industry in terms of the costs savings, which account

over the period 2018 – 2030 for 2.30 million and 6.7 million euros

for businesses and drivers respectively. Furthermore, it will make

the training system more effective by revising the content of initial

and periodic training to provide for further safety and environmental

benefits. This will mitigate the costs (in total EUR 14. 10 million for

2018 – 2030) related to the change of the content.

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Better functioning of the market for bus and coach transport

Overall state of Play

Evaluation results

expected Q4 2016

Commission proposal

planned for Q4 2017

Summary:

The Commission carries-out an evaluation and is planning a

legislative revision of Regulation (EC) No 1073/2009 on common

rules for access to the International market for coach and bus

services and amending Regulation (EC) No 561/2006.

This initiate aims to open the domestic coach markets to competition

and to ensure non-discriminatory access to terminals and other

infrastructure.

Summary

Estimated savings and

benefits

To be updated when available

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State of Play:

Ongoing and planned to be

finalised Q1 2017

Scope:

Evaluation

Evaluation of Regulation (EC) No 1073/2009 and its effects over

the period 2009-2014.

Preliminary results have identified two key problems for the

functioning and further development of the internal market for

passenger coach services: the persistence of significant differences

in rules on access to national markets for regular services, and

specific barriers to competition caused by discrimination in access

to terminals in some Member States. It presumes that free access to

domestic markets for passenger coach services will improve the

competitiveness of international services.

Due to the limited availability of data, these costs and benefits could

not be further quantified.

Evaluation findings:

Estimated savings and

benefits

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Enhancement of the social legislation in road transport

Overall state of Play

Evaluation ongoing,

results expected Q4

2016

Proposal Planned for

Q4 2017

Summary

The Commission is carrying out an evaluation and considers

revision of Regulation (EC) No 561/2006, Directive 2002/15/EC

and Directive 2006/22/EC in order to ensure a genuine level playing

field for the road transport industry and adequate working conditions

This initiative is complementary and supportive to other ongoing

road transport initiatives, notably linked to internal market rules (in

particular Regulation 1071/2009 on access to the occupation of road

transport operator and Regulation 1072/2009 on access to the

international road haulage market).. A fair balance is necessary

between, on the one hand the objective of internal market, aiming at

ensuring a genuine level playing field for the transport industry and,

on the other hand, the objective of ensuring adequate working

conditions to workers.

This initiative contributes to two priorities of President's Juncker's

political guidelines, namely those on creating "A deeper and fairer

internal market" and on "Jobs, Growth and Investment".

Estimated savings and

benefits

To be updated when available

Summary

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Leasing of Vehicles

Overall state of Play

Evaluation to be

finalised end 2016

Commission proposal

planned for 2017 (CWP

2017)

Summary:

Evaluation and Revision of Directive 2006/1/EC on the use of hired

vehicles without drivers for the carriage of goods by road in order to

optimise the allocation of resources, increase the flexibility in

organising freight transport operations and hence companies

productivity. This revision follows-up on an evaluation concluded in

2016.

The proposal is likely to focus on removing outdated restrictions on

the use of hired goods vehicles and thus at opening up new

possibilities for operators and leasing/hiring companies alike.

Savings

Information not yet available.

Summary

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State of Play:

Ongoing and planned to be

finalised 2017

Scope:

Evaluation

Evaluation of Revision of Directive 2006/1/EC on the use of hired

vehicles without drivers for the carriage of goods by road.

The emerging findings of the evaluation suggest that the applicable

legislation for hired vehicles for the carriage of goods is not

achieving its maximum possible effectiveness, as it is only

providing for a minimum level of liberalisation, leading to a

patchwork of rules governing the use of hired goods vehicles in the

EU.

Information not yet available.

Evaluation findings:

Estimated savings and

benefits

State of Play:

Commission Proposal

Planned for 2017(CWP

2017)

Which REFIT

objective(s) will the

Commission pursue?

Revision of Directive 2006/1/EC on the use of hired vehicles

without drivers for the carriage of goods by road in order to optimise

the allocation of resources, increase the flexibility in organising

freight transport operations and hence companies productivity. This

revision follows-up on an evaluation concluded in 2016.

Information not yet available.

Which other objectives

will the Commission

pursue?

Estimated savings and

benefits

Information not yet available.

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Maritime acquis

Overall state of Play

Ongoing

Summary

The fitness check will assess the policy area in maritime transport

that is building the core in ensuring maritime transport safety and

efficiency The fitness check will pay particular attention to

identifying any synergies (e.g. improved performance,

simplification, lower costs, reduced burdens) or inefficiencies (e.g.

excessive burdens, overlaps, gaps, inconsistencies and/or obsolete

measures) within the group of measures and help to identify the

cumulative impact of the interventions covered, covering both costs

and benefits.

To be updated when available

Estimated savings and

benefits

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State of Play:

Ongoing, to be finalised

Q1 2017

Scope:

Fitness check

Taken together the policy area in maritime transport covered by the

fitness check forms, in accordance with international rules, the

core in ensuring maritime transport safety and efficiency:



Flag State - the first line of defence (for ensuring vessels are fit

for purpose in the first place),



Port State control - the second line of defence (carrying out

verification spot checks),



Coastal State obligations under international law supported by

EMSA systems (for ensuring vessel traffic monitoring and

appropriate exchange of information between responsible

authorities),



Reporting formalities obligations from ships/ship masters to

land based authorities and reduction of administrative burden,



And, should an accident happen, accident investigation

(resulting in safety recommendations in the interest of further

improving the regime and the effectiveness of applicable

rules).

The fitness check will look more closely at the interaction between

the concerned legislative acts and their implementation – including

the supportive role the European Maritime Safety Agency (EMSA)

can play – to check whether and how the objectives of

competitiveness and quality shipping can be better supported and

mutually reinforced, while also considering the international rules

and conventions on which they are based and that they enforce.

The fitness check will pay particular attention to identifying any

synergies (e.g. improved performance, simplification, lower costs,

reduced burdens) or inefficiencies (e.g. excessive burdens, overlaps,

gaps, inconsistencies and/or obsolete measures) within the group of

measures and help to identify the cumulative impact of the

interventions covered, covering both costs and benefits.

To be updated when available

Evaluation findings:

Estimated savings and

benefits

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Airport charges

Overall state of Play:

Evaluation planned for

2017

Summary

The Commission is planning an evaluation of Evaluation of

Directive 2009/12/EC on airport charges.

The evaluation is assessing whether the Directive on Airport charges

is achieving its objectives in the least burdensome manner. The

evaluation covers in particular in how far the Directive provides for

greater transparency on how airport charges are calculated; it

ensures that airports do not discriminate among airlines in the

application of airport charges.

Estimated savings and

benefits

To be updated when available

Summary

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State of Play:

Planned for 2017

Scope:

Evaluation

Evaluation of Directive 2009/12/EC on airport charges;

The purpose of this evaluation is to assess whether the Airport

Charges Directive has achieved its objectives, notably as regards

non-discrimination between users and greater transparency, as well

as whether the means intended to reach these objectives, namely the

provisions on consultation on charges between airports and airlines

and on the functioning of the independent supervisory authorities

have proven appropriate. The evaluation will assess to what extent

EU regulation of airport charges as foreseen by the Directive is still

relevant to the current needs. The evaluation is aimed to provide not

only an up-to-date overview of the application of the Directive in the

Member States and to enquire into the benefits it delivered, but

should seek to identify areas of concern in its implementation (if

any), based on existing evidence and taking into account the current

market reality.

Evaluation findings:

Estimated savings and

benefits

To be updated when available

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Initiatives in the area of Taxation and Customs

Common Customs Tariff

Overall state of Play

Recast planned for Q3

2017

Summary:

Recast of Council Regulation (EEC) No 2658/87 of 23 July 1987 on

the tariff and statistical nomenclature and on the Common Customs

Tariff.

The proposal concerns adjustments of legal and technical nature,

mainly to align the Regulation to the Lisbon Treaty. It therefore

contributes to certain administrative burden reduction. The proposal

does not entail any new policy development.

Savings

Not applicable (recast)

Summary

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State of Play:

Commission proposal

Recast of Council Regulation (EEC) No 2658/87 of 23 July 1987 on

the tariff and statistical nomenclature and on the Common Customs

Tariff - Commission Proposal.

This inititiative will contribute to simplification and burden

reduction by increasing clarity and improving the readability of the

regulation.

Planned for Q3 2017

Which REFIT

objective(s) did the

Commission pursue?

Which other objectives

did the Commission

pursue?

The aim of the recast is mainly to align Council Regulation (EEC)

No 2658/to the Lisbon Treaty, to modernise outdated provisions for

the sake of clarity and to improve the readability of the regulation.

Changes are therefore limited to what is made absolutely necessary

by the evolution of the legal environment

Not applicable (recast)

Estimated savings and

benefits

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General arrangements for excise duty

Overall state of Play



proposal

planned for

2017 (CWP

2017)

Revision of Directive 2008/118/EC to align and ensure coherence

between customs and excise legislation, improve legal certainty and

ensure the uniform application of EU legislation.

Information not yet available.

Summary

Summary:

Estimated savings and

benefits

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Excise duties on alcohol and alcoholic beverages

Overall state of Play

Planned

evaluation to be

finalised Q3 2016

proposal planned for Q4

2017

Summary:

The Commission evaluated Directive 92/83/EEC and considers a

revision of the Directive as a result of the evaluation.

A report to the Council has been prepared, making recommendations

for possible improvements in Directive 92/83/EEC.

The improvements which have been identified would reduce

administrative burdens and costs for both Member States and

economic operators and reduce distortion within the internal market,

and also address anti-fraus objectives.

Estimated savings and

benefits

Due to the limited availability of data, costs and benefits of the

current Directive could not be quantified.

Evidence collected in the evaluation shows that the lack of clarity of

certain provisions (e.g. in the area of classification) can lead to legal

uncertainty over the treatment of specific products, which in turn,

can result in additional costs to businesses.

The savings of the potential revision will be the subject of further

analysis in the Impact Assessment if appropriate.

Summary

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State of Play:

To be finalised Q4 2016

Scope:

Evaluation findings:

Evaluation

Evaluation of Council Directive 92/83/EEC.

The Directive has proven to be effective and generally appropriate

for enabling adequate collection of excise duties for the large

majority of stakeholders. Overall, the evaluation found that the

current structures generally allow for neutral conditions of

competition. At the same time, the evaluation findings conclude that

some distortions within the internal market which must be acted

upon.

The preliminary recommendations for change centre around several

main areas : clarification of the classification of alcohol and

alcoholic beverages in the "fermented beverage" category;

improvement and clarification of the rules supporting the

exemptions applied to denatured alcohol; examination of the

extension of the rules for reduced rates for small producers of all

alcohol

Following the results of the evaluation, the Commission is

considering a potential revision of the Directive. A report to the

Council has been prepared, making recommendations for possible

improvements in Directive 92/83/EEC. The improvements which

have been identified would reduce administrative burdens and costs

for both Member States and economic operators and reduce

distortion within the internal market, and also address anti-fraus

objectives.

Due to the limited availability of data, costs and benefits cold not be

quantified. The evaluation did not identify direct unnecessary

administrative and compliance costs for tax administrations and

economic operators. However, the evidence collected shows that the

lack of clarity of certain provisions (e.g. in the area of classification)

can lead to legal uncertainty over the treatment of specific products,

which in turn, can result in additional costs to businesses.

Estimated savings and

benefits

State of Play:

Commission Proposal



Planned for

adoption Q4

2017

Aims to ensure proper functioning of the internal market and free

movement of goods within the EU, to protect public health, and to

prevent and correct distortion of competition.

Information not yet available.

328

Which REFIT

objective(s) did the

Commission pursue?

Which other objectives

kom (2016) 0710 - Ingen titel

did the Commission

pursue?

Estimated savings and

benefits

Information not yet available.

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Tobacco Excise

Overall state of Play

Planned

evaluation concluded in

December 2015

COM proposal planned

for Q3 2017

Summary:

Revision of the Tobacco Council Directive 2011/64/EU.

Based on the evaluation's findings and recommendations, the

following problems have been identified and are expected to be

addressed in the possible revision of the Directive:

1. Divergent treatment for some tobacco/new products and

substitution. For instance current definitions do not take the

development of new (tobacco) products into account while

borderline products have been introduced to the market with the

aim of being classified in a product category with a lower excise

duty rate compared to competing products.

2. The Minimum Excise Duty (MED) rules are applied differently

by Member States

3. Raw tobacco replaces some of the products covered by the

Directive without a system of proper control. The evaluation study

reported that raw tobacco was sold at retail level without excise duty

and diverted from the legal to the illegal circuit.

4. Dual classification systems for excise and customs for the same

products as the study reported that raw tobacco was sold at retail

level without excise duty and diverted from the legal to the illegal

circuit.

Building on those results, the Commisison is working on a possible

revision of the Directive that would reduce administrative burdens

and costs for both Member States and economic operators and

reduce distortion within the internal market. .

Estimated savings and

benefits

Due to the limited availability of data, costs and benefits of the

existing Directive could not be quantified during the evaluation. The

savings expected to be brought of the revision will be the subject of

further analysis in the Impact Assessment.

Summary

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State of Play:

Finalised on 21

December 2015

COM (2015) 621

Scope:

Evaluation

Evaluation of Council Directive 2011/64/EU on the structure and

rates of excise duty applied to manufactured tobacco.

Overall, the evaluation found that the current structure and level of

rates generally allow for neutral conditions of competition and the

free setting of prices within the internal market. At the same time,

the evaluation findings show that some distortions within the

internal market are created through differentiated application of the

Minimum Excise Duty (MED), the inconsistent treatment of e-

cigarettes and certain manufactured tobacco products and the tax

induced substitution between and within product groups.

The evaluation has also identified unnecessary administrative and

compliance costs for tax administrations and economic operators.

These costs result from certain definitions which can lead to legal

uncertainty over the treatment of specific products. In addition, the

application of different definitions of tobacco products for excise

duty and for customs purposes has been found to be problematic, in

particularly for Small and Medium Enterprises as this translates into

double entries and legal uncertainty.

Finally, with certain exceptions, the Directive has proven to be

effective and generally appropriate for enabling adequate collection

of excise duties for the large majority of manufactured tobacco

products.

Evaluation findings:

Estimated savings and

benefits

Due to the limited availability of data, the costs and benefits could

not be quantified during the evaluation.

State of Play:

Commission Proposal

Building on the results for the evaluation, the initiative aims to

contribute to the prevention and correction of distortion of

competition and to reduce administrative burden/costs for economic

operators and tax authorities. The initiative also should ensure that

competition in the different categories of manufactured tobacco

belonging to the same group is not distorted by the charging of tax.

The initiative will also contribute to the strengthening of the fight

against fraud and tax evasion – in line with the Action Plan on

VAT.



Planned for 2017

Which REFIT

objective(s) did the

Commission pursue?

Which other objectives

did the Commission

pursue?

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Estimated savings and

benefits

Information not yet available.

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Common Consolidated Corporate Tax Base (CCCTB)

Overall state of Play

Planned

Summary

Proposal planned for

Q4 2016

Summary

In parallel with its Work Programme for 2017, the Commission is

re-launching the Common Consolidated Corporate Tax Base with a

compulsory common tax base as the first step.

The re-launched CCCTB initiative aims to reform corporate taxation

in the EU. It should ensure that profits are taxed where economic

activity takes place and value is created. In this way, the CCCTB is

envisaged to reduce the opportunities of engaging in aggressive tax

planning. At the same time, the CCCTB will retain the business

friendly features of the pending proposal for a Directive of 2011,

having the aim to lower tax compliance costs for companies and

tackle the inefficiencies that derive from the fragmentation of the

internal market. The two objectives, i.e. anti-tax avoidance and

business facilitation, are not mutually exclusive but instead, should

be expected to both contribute to a better functioning of the internal

market.

Estimated savings and

benefits

Preliminary assessments indicate that time costs for setting up a new

subsidiary in a Member State are estimated to decrease 62-67% for

the CCCTB. Focussing on recurring costs, i.e. ignoring one-off

switching costs, the Impact Assessment estimates a decrease in time

spent on compliance activities by 8% after implementation of the

CCCTB. Based on these time reductions one could endeavour a

rough calculation of the order of total cost savings that would result

under the CCCTB. If 5% of medium-sized companies expand

abroad, a one-off cost saving of around EUR 1 billion could be

expected. If all multinational entities apply the CCCTB recurring

compliance costs could go down by about EUR 0.8 billion.

There are already measures included in the CCTB (Allowance for

Growth and Investment and enhanced deductions for research and

development) which will provide advantages for business in the EU.

There will also be compliance cost benefits deriving from the

common rules for the tax base calculation. Yet, there is no

quantification of the benefits for the first step.

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State of Play:

Commission Proposal



Adoption

planned Q4 2016

CCCTB reduces time and resources spent on tax compliance for

businesses operating in the EU.

The CCCTB features as an effective tool against tax avoidance,

which can also ensure that income be attributed to where the value is

created, through a formula based on three equally weighted factors

(i.e. assets, labour, and sales). Since these factors are attached to

where a company earns its profits, they are more resilient to

aggressive tax planning practices than the widespread transfer

pricing methods for allocating profit.

Preliminary assessment shows that time costs for setting up a new

subsidiary in a Member State are estimated to decrease 62-67% for

the CCCTB. Focussing on recurring costs, i.e. ignoring one-off

switching costs, the Impact Assessment estimates a decrease in time

spent on compliance activities by 8% after implementation of the

CCCTB. Based on these time reductions one could endeavour a

rough calculation of the order of total cost savings that would result

under the CCCTB. If 5% of medium-sized companies expand

abroad, a one-off cost saving of around EUR 1 billion could be

expected. If all multinational entities apply the CCCTB recurring

compliance costs could go down by about EUR 0.8 billion.

Which REFIT

objective(s) will the

Commission pursue?

Which other objectives

did the Commission

pursue?

Estimated savings and

benefits

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Towards a definitive VAT system for cross border trade

Overall state of Play

Planned for adoption in

Q3 2017 (CWP 2017)

Summary:

The VAT system has been unable to keep pace with the challenges

of today's global, digital and mobile economy. The current VAT

system for intra-EU trade, which was intended to be a transitional

system, is fragmented, complex for the growing number of

businesses operating cross-border and leaves the door open to fraud:

domestic and cross-border transactions are treated differently and

goods or services can be bought free of VAT within the single

market. Therefore, compliance costs are significantly higher in

single market trade than in domestic trade, while complexity is

stifling business, especially small and medium-sized businesses.

Cross-border fraud accounts for EUR 50 billion of revenue loss each

year.

As set out in the Commission Action Plan on VAT, the Commission

will table legislative proposals in 2017 which will re-establish the

principle of taxation of cross-border supplies and extend the current

One Stop Shop (OSS) system to cover cross-border B2B supplies of

goods. EU business making cross border supplies will declare and

pay the tax through the OSS. However, compliant businesses,

certified by their tax administrations, will continue to be liable for

VAT on goods purchased from other EU countries. As compliant

businesses represent the vast majority of taxable persons involved in

cross-border transactions, this would significantly reduce the

amounts of VAT channelled through the One Stop Shop and would

make it easier for businesses to adapt. Such an initiative will

constitute the first step towards the implementation of the definitive

VAT regime for cross-border supplies under which taxation will

cover all cross-border supplies so all supplies in goods and services

within the single market, either domestic or cross-border, will be

treated the same way.

Input of the REFIT Platform:

In the REFIT Platform opinion on

reverse charging within VAT

the Stakeholder group recommended to withdraw the use of the

reverse charge mechanism and replace it with a simpler and more

basic VAT regime in the EU. Some members of the Government

group consider that reverse charging may continue to be necessary

to combat fraud or that other measures would be required to achieve

the same objective.

The Platform also adopted an opinion on

the documentary proof

required for VAT in intra-EU trade.

The Stakeholder group

recommends reducing the burden on businesses of producing

different documents in relation to intra-EU trade. Some members of

the Government group consider that reducing documentary

obligations is too risky in light of VAT fraud, while others agree

Summary

335

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with the Stakeholder group recommendation.

As set out in the 2016 Commission Action Plan on VAT, the

Commission plans to table legislative proposals in 2017 which will

re-establish the principle of taxation of cross-border supplies and

extend the current Mini One Stop Shop (MOSS) system to cover

cross-border business-to-business supplies of goods. EU business

making cross border supplies will declare and pay the tax through

the One Stop Shop (OSS). However, compliant businesses, certified

by their tax administrations, will continue to be liable for VAT on

goods purchased from other EU countries. As compliant businesses

represent the vast majority of taxable persons involved in cross-

border transactions, this would significantly reduce the amounts of

VAT channelled through the One Stop Shop and would make it

easier for businesses to adapt. Such an initiative will constitute the

first step towards the implementation of the definitive VAT regime

for cross-border supplies under which it is planned that taxation will

cover all cross-border supplies so all supplies in goods and services

within the single market, either domestic or cross-border, will be

treated the same way

Estimated savings and

benefits

Such a system should reduce cross-border fraud by about EUR 40

billion (80%) a year in the EU. This will enable tax administrations

to concentrate resources on other challenges. Some significant

simplification measures will be taken to accompany this change.

Collectively, businesses should save an average of around EUR 1

billion a year.

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VAT rates

Overall state of Play:



Commission

proposal

planned for

adoption in Q3

2017 (CWP

2017)

Policy modernisation

Expanded application of subsidiarity principle

The Action Plan proposes to reform EU rules on VAT rates to allow

Member States greater freedom in setting reduced rates in the

context of a VAT system based on the destination principle. The

main benefits are a more extensive application of subsidiarity and an

expected reduction in infringement procedures on reduced rates.

Estimated savings and

benefits

Information not yet available.

Summary

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SME VAT Package

Overall state of Play



Evaluation and

proposal planned

for adoption in

Q4 2017 (CWP

2017)

The initiative to review the SME scheme forms part of the Single

Market Strategy , adopted in October 2015 and of the VAT Action

Plan adopted in April 2016. It is linked to the VAT definitive regime

and e-commerce proposals and depends on the results of the

reflection and work on these two projects.

The purpose of the review is to come up with a proposal comprising

a comprehensive simplification package that includes both VAT

exemption and simplification measures. The proposal may be

accompanied by a Commission recommendation.

The overall objective is to reduce the administrative burden on small

enterprises, to contribute to the creation of an environment

favourable to their growth and cross-border trade and to provide a

level playing field for EU business.

Estimated savings and

benefits

Information not yet available.

Summary/ Commission proposal

Summary

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VAT Invoicing directive

Overall state of Play



Commission

Proposal in

2009, adopted in

2010,transpositi

on in 2012

Benefits likely to

be reduced in

legislative

procedure,

evaluation

planned for 2018

The measure provided the acceptance by tax authorities of electronic

invoices under the same conditions as applied to paper invoices and

creating a set of harmonised rules by reducing the options previously

allowed for Member States and thus enabled companies to reduce

the cost of issuing and processing invoices by switching to a fully

electronic invoicing system.

The estimated savings was up to €18 billion. The directive is in

force since 2013 and has been implemented by all Member States. A

full evaluation is foreseen for 2018.

Summary



Summary:

Estimated savings and

benefits

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State of Play:

Commission Proposal



28/01/2009

COM(2009)21

Suppressing additional requirements on invoices and enabling wider

use of electronic invoicing.

The aim of the proposal was to increase the use of electronic

invoicing, reduce burdens on business, support small and medium

sized enterprises (SMEs) and help Member States to tackle fraud.

The proposal simplifies, modernises and harmonises the VAT

invoicing rules. In particular, it eliminates the current barriers to e-

invoicing in the VAT Directive by treating paper and electronic

invoices equally.

Estimated savings €18 billion.

Which REFIT

objective(s) did the

Commission pursue?

Estimated savings and

benefits

State of Play:

Legal Act



Adopted

13 July

2010

Reference

Council

Directive

2010/45/EU

The main elements of the proposal, i.e. equal footing of the paper

and electronic invoices, no technical restriction on issuance of e-

invoices and no legal obstacles to the transmission and storage of e-

invoices were achieved.

Council could not agree on further simplification as proposed by

Commission and Parliament, such as the simplification of the

content of invoices, their storage, as well as self-billing and

outsourcing). Council also decreased the ceiling for use of simplified

invoices to EUR 100. The proposed standardised date for

chargeability to tax and invoicing date was also not accepted in full.

Outcome of Legislative

Procedure

Estimated savings and

benefits

Benefits are likely to be reduced. No update of the estimated savings

was carried out. An evaluation is planned for 2018.

State of Play:

Implementation



Application on

Date of effect:

01/01/2013;

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

Application See

Art 2

Date of

transposition:

31/12/2012

Evaluation

Planned for

2018

The Directive provides several provisions for Member States to

enable electronic invoicing. Member States have transposed the

Directive into national law between 2011 and 2013. Only one

Member State had implemented as late as 2014.

pending

Implementation reported

by MemberStates

Estimated savings and

benefits

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Refund of value added tax (ABR+)

Overall state of Play



Adopted by the

Legislator on

February 2008

Council Directive 2008/9/EC (the Refund Directive) allows for non-

established taxable persons to reclaim VAT on business expenses

incurred in another Member State via an electronic web portal set up

in their own Member State. This replaces the paper based system

aiming also oat simplifying the process for businesses and providing

greater legal certainty by the imposition of deadlines together with

interest payments on late payments by the Member State of refund.

The estimated savings are €447 million / annually. Cost savings

reported by Member States were reported to range between 30%

and 35% while the initial estimation by the Commission

predicted savings of administrative burdens of 63%.

Summary

Summary:

Estimated savings and

benefits

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State of Play:

Commission Proposal



29/10/2004

COM(2004)728

The Directive lays down the detailed rules for the refund of VAT to

taxable persons not established in the Member State of refund

suppressing the obligation to fill out paper forms. With the new

rules applicants are able to file their applications electronically in

their own Member State. The electronic procedure replaces the

previous paper-based procedure which was slow, cumbersome, and

costly ensuring a quicker refund to claimants.

The initial estimation by the Commission predicted savings of

administrative burdens of 63%. Or €447 million.

Which REFIT

objective(s) did the

Commission pursue?

Estimated savings and

benefits

State of Play:

Legal Act



Adopted by the

Legislator on

February 2008

Reference

Council

Directive

2008/9/EC

The electronic procedure and the estimated deadline for refund is an

improvement compared to the previous mechanism. However, the

numerous options to Member States added at the request of Council

lead to difficulties in interoperability and to inconsistencies between

the IT systems of Member States delaying the full roll out of the

system.

Member States were obliged to make available on 1

January 2010

the web portal via which taxable persons submit their applications

for refund. However, some Member States were late in launching

their web portals, whilst other Member States have had a number of

technical problems, both leading to a situation in which taxable

persons had not been able to submit their refund applications.

Because of these delays, and in order to safeguard the taxpayer's

fundamental right to deduct VAT, the Commission adopted a

proposal for a Directve COM/2010/381/FINAL to give more time to

taxpayers to introduce their requests for VAT refund by postpone

the deadline for submission of VAT refund requests related to 2009

from September 2010 to March 2011. The Proposal was adopted by

the Council, resulting in Council Directive 2010/66/EU of 14

October 2010.

Outcome of Legislative

Procedure

Estimated savings and

benefits

Not available

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State of Play:

Implementation



Application on

Date of effect:

01/01/2010;

Entry into force

Date pub. See

Art 30

Transposition

date 01/01/2010

Deadline See

Art 29

The Directive provides several provisions for Member States to

enable electronic invoicing. Member States have transposed the

Directive into national law between 2011 and 2013. One

Member State had implemented as late as 2014.

In five Member States cost reductions were estimated to range

between 30% and 35% (ES, FR, CY, LV, SE), while the initial

estimation by the Commission predicted savings of

administrative burdens of 63%.

Implementation reported

by MemberStates

Estimated savings and

benefits

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Priority 5: A Deeper and Fairer Economic and Monetary Union

Overview

Overview of REFIT Initiatives in the area of Employment, Social Affairs and Inclusion

Evaluation

Commission Proposal

Legal Act

Implementation

Occupational Health and

Safety

Evaluation

Expected to be finalised Q4

2016

Fitness check

published 26 July 2013

Commission proposal

under consideration

Commission Communication

Planned for 2017

Information and consultation

of workers

Working time

Posting of workers –

Enforcement Directive

Implementation

Commission proposal

adopted 21 March 2012

Legal act

Date of effect 15 May 2014

adopted 15 May 2014

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Written Statement Directive

Evaluation

Expected to be finalised

Q4/2016

Commission proposal

Planned for 2017

Temporary Agency Work

Evaluation

Finalised in March 2014

Part-time work and Fixed

Term Work

Evaluation

planned to be finalised in

2017

Overview of REFIT Initiatives in the area of Financial Stability, Financial Services and Capital Markets Union

Evaluation

Commission Proposal

Legal Act

Implementation

International accounting

standards (IAS)

Company accounts

Evaluation

Finalised on 18 June 2015

Commission proposal

adopted on 4 June 2006

Legal act

adopted on 14 June 2006

Implementation

Date of effect: 5

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September 2006

Annual accounts of micro-

enterprises

Commission proposal

adopted on 26 February

2009

Commission proposal

Planned Q4 2017

Legal act

adopted on 14 March 2012

Implementation

Date of effect: 10 April 2012

Cross-border payments

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Overview of REFIT Initiatives in the area of Statistics

Evaluation

Commission Proposal

Legal Act

Implementation

Integrating Business

Statistics (FRIBS)

FRIBS

Proposal

Planned Q1 2017

Integrating Social Statistics

Social Statistics

Proposal

Adopted August 2016

Agricultural Framework

Statistics

Agricultural Framework

Statistics Proposal

Planned Q4 2016

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Initiatives in the area of Employment, Social Affairs and Inclusion

Occupational Health and Safety

State of Play:

Summary



Evaluation

results expected

Q4 2016

Communication

Evaluation

results

and

follow-up

expected

2016

The Commission is carrying out a comprehensive ex-post evaluation

of 24 EU Directives on Health and Safety at Work aiming at a wide

evaluation of the legislation, including in terms of benefits and

costs, research and new scientific knowledge:

Evaluation of Council Directive 89/391/EEC of 12 June 1989 on the

introduction of measures to encourage improvements in the safety

and health of workers at work and 23 related directives.

The final outcome of the evaluation is expected by the end of 2016.

Its results may lead to initiatives to improve the regulatory

framework.

The Commisison is planning a Communication to set-out the results

of the evaluation and the possible follow-up.

Summary:

Estimated savings and

benefits

Information not yet available.

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Information and consultation of workers

State of Play:

- fitness check concluded

in July 2013

- proposal under

consideration

Summary:

The fitness check of the three directivesDirectives on information

and consultation of workers found that the three EU Directives are

generally relevant, effective, coherent and mutually reinforcing. It

also pointed to some shortcomings impacting their functioning.

They relate mainly to the scope of the Directives (as a significant

part of the workforce is excluded), their implementation that could

be improved and discrepancies among the definitions of some

concepts across the three directives. On this basis, the Commission

has been considering a possible codification/recast of the three

directives. Consultations, starting with a first stage consultation of

the EU social partners in 2015.

In the same period, the EU social partners in the sector of central

government administrations also negotiated an Agreement extending

information and consultation rights by setting minimum standards

adapted to the specificities of their sector. In February 2016, they

formally asked the Commission to transform their Agreement into a

Council Directive. The Commission before deciding whether or not

to submit a proposal for a Council Directive extending information

and consultation to central government administrations, will carry

out a proportionate impact assessment of the Agreement, examining

in particular the representativeness of its signatories, the legality of

the clauses of the Agreement vis-à-vis the EU law,legal framework

and the respect of the subsidiarity and proportionality principles.

Results are expected in 2017.

Estimated savings and

benefits

The Fitness Check concluded that the benefits that the three

Directives on information and consultation of workers generate are

likely to outweigh the costs.

Given data limitations, quantification of costs and benefits has not

been possible.

Summary

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State of Play:



SWD(2013)293 –

published 26 July

2013

Fitness Check

Scope:

Fitness check covering the three Directives on information and

consultation of workers at national level:



Directive 2002/14/EC of the European Parliament and of the

Council of 11 March 2002 establishing a general framework for

informing and consulting employees in the European Community



Council Directive 98/59/EC of 20 July 1998 on the

approximation of the laws of the Member States relating to

collective redundancies



Council Directive 2001/23/EC of 12 March 2001 on the

approximation of the laws of the Member States relating to the

safeguarding of employees' rights in the event of transfers of

undertakings, businesses or parts of undertakings or businesses

This fitness check aimed at identifying excessive burdens, overlaps,

gaps or inconsistencies which may have appeared since the adoption

of three above mentioned EU Directives.

Evaluation findings:

The Fitness Check concluded that the Directives are generally

relevant, effective, coherent and mutually reinforcing and broadly

fit for purpose. They prescribe minimum requirements and are

flexible enough to be adapted to the specific contexts and industrial

relations systems of the EU/EEA countries. Moreover, they seem to

have contributed to cushioning the shock of the recession and to

better preparing and managing restructurings during the crisis.

Information and consultation at company level has become

important for solving problems, including maintaining employment

and lowering adjustment costs through the use of internal flexibility.

The Fitness Check also pointed to some gaps and shortcomings:

1.Scope - As far as the scope is concerned, a significant share of the

workforce is not covered by the provisions, due to the exclusion of

small businesses, of public administration and of seafarers at the

time of the Fitness Check.

2.Implementation - There is also room for improvement regarding

the application, particularly in countries with less-developed social

dialogue traditions, by promoting an information and consultation

culture among social partners, strengthening institutions, promoting

agreements on information and consultation, disseminating good

practices, raising awareness and ensuring enforcement.

3. Definitions - Particular issues relating to the definitions of the

concepts of 'information' and 'consultation' were identified. Those

definitions could be better aligned among the different Directives.

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Estimated savings and

benefits

The evidence gathered for the purpose of the fitness check pointed

to several significant economic benefits that can be derived from

information and consultation at the workplace. Notably, there are

positive operational and organisational outcomes (e.g. better

communication with the employers / promotion of trust and

partnership, reduction of conflicts, better change anticipation, better

change management).which can in turn have a positive impact on

staff performance and, eventually, on a company’s performance,

reputation and competitiveness.

On the other side, both employers and employees’ representatives

incur costs, relating to the support provided to representatives

including time off work for carrying out information and

consultation.

Overall, on the basis of the available qualitative evidence and

stakeholders’ assessments, it may be concluded that the benefits are

likely to outweigh the costs incurred.

Given data limitations, quantification of costs and benefits has not

been possible.

State of Play:

Commission Proposal



under

consideration

Consolidation/recast to make EU law simpler, more accessible and

more readable improving thus awareness and compliance.

Standardized definitions are likely to render the application of EU

law in this field easier and contribute to a more effective exercise of

the rights and obligations of all actors concerned.

Taking into account the results of the social partner's consultation, a

codification/recast of three Information and Consultation directives

would improve the coherence of definitions. A possible initiative

could also propose to modify the scope of application of the

Directives, with a specific consideration to the current exclusion of

public administrations. At the same time, the Commission does not

aim at revising the thresholds for setting up Information and

Consultation bodies as set in the Directives.

To be provided when available

Which REFIT

objective(s) will the

Commission pursue?

Which other objective(s)

will the Commission

pursue?

Estimated savings and

benefits

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Working time

State of Play:

Summary



Interpretative

communication

and

implementation

report planned

for 2017

The Commission services are finalising the review of the Working

Time Directive with a view to present the outcome of this process in

2017, together with a new implementation report and if appropriate,

specific follow-up.

The preparatory work envisages to clarify the legal framework on

working time, taking into account the challenges arising from new

working patterns and continuing to provide appropriate health and

safety protection of workers, with due consideration of the objective

of better reconciliation of work and private life.

There are concerns of persisting cases of non-conformity as well as

lack of legal certainty which entail costs for workers (in terms of

health and safety, productivity, work-life balance, etc.) but also to

employers and public authorities.

By aiming at simpler and clearer rules, the follow up to the current

review should allow alleviating administrative burden by clarifying

the existing flexibility already available in the Directive and

ensuring long-term legal certainty which will reduce the need for

successive changes to national, regional or local legal texts and work

organisations.

Aiming at keeping and reinforcing a stable environment to

stakeholders will help avoid major disruption of current legal and

economic arrangements, and the ensuing contracts and practises.

Summary:

Estimated savings and

benefits

Information not yet available.

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State of Play:

Follow up to the Review

Clearer and simpler rules easier to understand and apply by workers

and employers, including SMEs and public services.



Planned for 2017

Which REFIT

objective(s) will the

Commission pursue?

Which other objective(s)

will the Commission

pursue?

Estimated savings and

benefits

Not yet determined.

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Posting of workers – Enforcement Directive

State of Play:

- proposal (enforcement)

March 2012

- legal act (enforcement)

May 2014

Summary

Summary:

The Directive 2014/67/EU on the enforcement of Directive

96/71/EC concerning the posting of workers in the framework of the

provision of services and amending Regulation (EU) No 1024/2012

on administrative cooperation through the Internal Market

Information System (‘the IMI Regulation’) sets out a range of new

measures to improve the implementation, application and

enforcement in practice of Directive 96/71/EC. It is expected to

favour administrative cooperation and improve instruments against

frauds and abuses, by improving legal clarity, reducing the

frequency of judicial litigation and/or their efficient solution.



Lower risk of judicial disputes thanks to clearer rules on

control measures.

Shorter time for dispute resolutions due to new tools for

administrative coordination and exchange of information.

Estimated savings and

benefits

Given data limitations, savings to business could not be quantified

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State of Play:

Commission proposal



COM(2012)131

21 March 2012

The proposal aimed at simplifying application and enforcement of

the existing legal framework, SMEs are expected to benefit from

better enforcement and level playing field and fairer

competition.

The proposal included the following elements:



make the information on the terms and conditions of

employment generally available in a "clear, comprehensive

and easily accessible way" and in several languages;



Codification of existing case law by providing an exhaustive

list of national control measures Member States may impose

on posting businesses, including for instance, a list of

documents that service providers can be required to keep at

the work place;



Requirement that inspections should primarily be based on

regularly drawn up risk assessments, thus making

inspections more effective and reduce costs for companies

in non-risk sectors;



Introduction of a limited system of joint and several

liabilities in subcontracting chains in the construction sector.

In order to reduce the possible impact on businesses, in

particular SMEs, companies who had undertaken due

diligence should not be held liable.

The proposal included obligations for Member States to:



provide information requested by another MS in the context

of administrative cooperation within short deadlines (24

hours or at the latest within 2 weeks);



ensure that the procedures and formalities relating to the

posting of workers can be completed easily by undertakings,

at a distance and by electronic means to limit the

administrative burden on companies.

Costs for translation of information on applicable working

conditions into the main languages of posted workers: average of ca.

EUR 90,000 (one-off costs) and EUR 180,000 (repetitive costs per

year). Costs to the public budget correspond to savings for private

enterprises and workers, as they do not need to translate documents

on their own.

Setting up a system of joint and several liability in sub-contracting

may entail indirect costs up to about EUR 100,000 in some

countries, related to the behavioural change of enterprises doing

market research a priori to select virtuous subcontractors. Costs

could be however mitigated over time due to behavioural change

and the exclusion of companies undertaking due diligence (which

Which REFIT

objective(s) does the

Commission pursue?

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was not factored in the IA).

Which other objective(s)

does the Commission

pursue?

Estimated savings and

benefits

The proposal aims to ensure more effective protection of workers,

increased legal certainty and transparency for service providers

thus facilitating cross-border service provision and building up

confidence in the Single Market.

Savings are linked to the lower risk of judicial disputes thanks to

clearer rules on control measures and shorter time for dispute

resolutions due to new tools for administrative coordination and

exchange of information.

Given data limitations, savings to business could not be quantified.

State of Play:

Legal Act



Directive

2014/67/EU

15 May 2014

The adopted Directive contains a balanced package of measures

guaranteeing a better protection of posted workers and a more

transparent and predictable legal framework for service providers.

This will clarify and simplify procedures and ensure a better level

playing field from which all SMEs will benefit.

In comparison to the original Commission proposal, the final text of

the Directive agreed by the co-legislator does contain a number of

modifications increasing administrative burden on companies and

imposing a number of new obligations on public authorities.

Costs / reductions of savings of these modifications have not been

quantified.

Outcome of Legislative

Procedure

Estimated savings and

benefits

State of Play:

Date of effect: 15 May

2014

Entry into force: June

2014

Date of transposition): 18

June 2016

Deadline for reporting on

application: 18 June 2019

Implementation reported

by MemberStates

Implementation

Information not yet available.

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Estimated savings and

benefits

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Written Statement Directive

State of Play:

Evaluation expected to be

finalised in Q4 2016

Summary:

According to preliminary results, the REFIT evaluation shows that

the current Directive achieved EU added value. It increases certainty

for both employers and employees. It contributes to the protection of

workers and transparency on labour markets, with subsequent

effects on the functioning of the internal market and the mobility of

European workers.

Preliminary results also show however that the Directive's

effectiveness is hampered by several factors: gaps in the personal

scope of the Directive (e.g. some new forms of employment); gaps

in the 'information package' to be notified; issues of enforcement of

the Directive, notably as to means of redress in case of non-

compliance. The Commission is currently finalizing the evaluation

report and will then consider how best to improve the effectiveness

on the basis of those findings, against the background of the

proposed EU Pillar of Social Rights.

Estimated savings and

benefits

The emerging findings of the evaluation show that the notification

of a written statement to employees is not a disproportionate burden

compared to the benefits it brings, e.g. legal certainty for both sides

and less litigations.

The average one-off administrative cost per employed person for all

company sizes is estimated at 34 euros.

Summary

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State of Play:

Evaluation



Expected to be

finalised

Q4/2016

Evaluation of the Directive 91/533/EC on an employer's obligation

to inform employees of the conditions applicable to the contract or

employment relationship

Preliminary results show that the Directive has been effective in

achieving its objectives to some extent. However, it appears that

many workers in the EU do not receive a written confirmation of

their working conditions or do not receive all the information they

would need in a timely manner. The Directive's effectiveness is

hampered by several factors: gaps in the personal scope of the

Directive (e.g. domestic workers or some new forms of

employment); gaps in the 'information package' to be notified; issues

of enforcement of the Directive, notably as to means of redress in

case of non-compliance.

The emerging findings of the evaluation show that the notification of

a written statement to employees is not a disproportionate burden

compared to the benefits it brings, e.g. legal certainty for both sides

and less litigations.

The average one-off administrative cost per employed person for all

company sizes is estimated at 34 euros.

Scope:

Evaluation findings:

Estimated savings and

benefits

State of Play:

Proposal Planned for

2017

Which REFIT

objective(s) does the

Commission pursue?

Commission proposal

It is planned to propose a review of the existing Directive to take

account of the conclusions of the REFIT evaluation, reinforce the

take-up of existing EU social rights in the field of labour law and

address needs arising from the current and future world of work.

Such an initiative shall be first subject to a consultation of European

Social Partners, as per Article 154 of the Treaty on the Functioning

of the European Union

Estimated savings and

benefits

Data not yet available..

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Temporary Agency Work

State of Play:

Summary



Evaluation

completed

March 2014

follow-up

foreseen

Evaluation of Directive 2008/104/EC on temporary agency work.

The report on the application of the Directive concluded in general

Member States seem to have correctly implemented the Directive.

This being said, its goals have not yet been fully achieved given that

Member States continue to apply certain derogations from the

principle of equal treatment and maintain most restrictions and

prohibitions on the use of agency work.

As regards issues of simplification and burden reduction, most

Member States consider that the Directive does not give rise to

significant additional costs on national authorities, temporary-work

agencies or user companies, including SMEs. For their part,

employer organisations notably refer to costs linked to the

insufficient transposition of certain provisions of the Directive.

The report finds that it is not necessary to amend the Directive at

this stage. The Commission will focus on ensuring proper

implementation and consider appropriate recommendations in the

frame work of the European Semester, if the Commission identifies

either obstacles to growth and competitiveness in its assessment of

national obstacles to the activity of temporary-work agencies or if

the Commission identified unfounded derogations to the principle of

equal treatment.

The report on the application of the Temporary Agency Work

Directive highlights that most Member States consider that the

Directive does not give rise to additional costs on national

authorities, temporary-work agencies or user companies, including

small and medium-sized businesses.

Due to data limitations, regulatory benefits and costs could not be

further quantified.

Summary:

Estimated savings and

benefits

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Part-time work and Fixed Term Work

State of Play:

Summary



Evaluation to be

finalised in 2017

The Commission carries out an evaluation to assess to what extent

the directives on Part-time work and Fixed Term Work have been

able to meet their original objectives and are fit for purpose in the

light of the requirements of an evolving EU labour market in terms

of providing an appropriate balance between flexibility and job

security and ensuring fair and effective transitions to workers:

Summary:



Council Directive 97/81/EC of 15 December 1997

concerning the Framework Agreement on part-time

work concluded by UNICE, CEEP and the ETUC,

Council Directive 1999/70/EC of 28 June 1999

concerning the framework agreement on fixed-term

work concluded by ETUC, UNICE and CEEP

Employers, employees and public authorities as well as society at

large can accrue benefits from the use of part-time and fixed-term

work, notably through a greater flexibility in the organisation of

working-time and improved work and family life balance.

Estimated savings and

benefits

The evaluation will assess the costs and benefits generated by the

directives for employees, employers and public authorities, and

assesses whether the two directives resulted in any disproportionate

additional burden or administrative costs for employers.

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International accounting standards (IAS)

Overall state of Play:

Evaluation published on

18.06.2015

No follow-up planned

currently

Summary:

The Commission evaluated Regulation 1606/2002 on the application

of international accounting standards (IAS) and concluded that the

Regulation was successful in creating a common accounting

language for capital markets.

Companies were mostly positive about their experience of using

IFRS and in most cases, benefits outweighed costs. Investors also

largely supported IFRS for improving the transparency and

comparability of financial statements. Most stakeholders considered

that the process through which IFRS become part of EU law works

well.

A modification of Regulation 1606/2002 is currently not planned. A

codification of existing legislation may be considered to improve

coherence and simplify the legislative framework once the major

standards will have been agreed (IFRS 9 on financial instruments,

IFRS 16 on leases, IFRS 17 on insurance contracts).

Estimated savings and

benefits

The evidence showed that the benefits of the implementation of the

IAS Regulation outweigh the costs.

Given the data limitations, quantification of costs and benefits has

not been possible.

Summary

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State of Play:

Evaluation



Evaluation

published on

18.06.2015

SWD(2015)301

and

OM(2015)301

Evaluation of Regulation 1606/2002 on the application of

international accounting standards (IAS)

The evaluation concluded that the objectives of the Regulation have

been met.

However, the evaluation identifies room for improvement in some

areas. For isntance, the collaboration between actors in the

endorsement process could be enhanced to improve timeliness and

to allow for a more holistic consideration of standards with other

aspects of EU law.

International Financial Reporting Standards (IFRS) issued by the

International Accounting Standards Board (IASB) need to be

endorsed by the Commission. An endorsement process remains

necessary to ensure that the standards developed by a private body

meet certain criteria and are fit for the European economy before

becoming part of EU law.

Scope:

Evaluation findings:

Estimated savings and

benefits

Given the data limitations, quantification of costs and benefits has

not been possible.

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Company accounts

Overall state of Play:

Proposal made in 2004

and adopted in 2006,

transposition deadline

September 2008

Estimated savings

confirmed and exceeded

Summary:

The initiative reduced financial reporting obligations (in particular,

having to report off-balance-sheet arrangements) for SMEs by

increasing the exemption thresholds that Member States can adopt

for SMEs and parent undertakings.

When Member States chose to apply the exemption, companies that

meet the new eligibility requirements are dispensed from certain

accounting obligations, should a Member State elect to pursue this

policy.

Implementation reports showed a reduction in the number of SMEs

under the obligation to prepare, have audited and publish the same

set of annual financial statements as the larger companies. Instead,

these SMEs can prepare and publish a simpler set of information.

Estimated savings and

benefits

Initial estimations of savings of around 47% of total administrative

costs associated wih the implementation of Directive 2006/46/EC

were increased by amendments in legislative procedure. Feedback

on implementation showed savings in the range between 8% and

82% (CZ, LV, SK, SE, UK).

Summary

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State of Play:

Commission Proposal



Adopted by the

Commission on

27/10/2004

Ref

COM(2004)725

The main benefit of the proposal was the increase by around 20% of

the maximum size criteria ("thresholds") for balance sheet and net

turnover that Member States may apply in determining which

companies may be exempted from certain disclosure requirements.

There was no obligation on Member States to make use of those

increased thresholds, nor even to implement differentiated treatment

of companies based on size. The Member States had also the

flexibility, when implementing categories based on size, to apply

lower thresholds than those provided for in the Directive.

Which objective(s) did the

Commission pursue?

Estimated savings and

benefits

47% of total administrative costs associaed with the implemenation

of Directive 2006/46/EC.

State of Play:

Legal Act



Adopted by the

Legislator on

14/06/2006

Reference

Directive

2006/46/EC

Parliament introduced an increased treshold for exemptions from

certain disclosure requirements. Other main changes concern

proportionality in transparency on related parties’ transactions,

clearer provisions on the collective responsibility of board members

towards the company in respect of annual reports and financial

statements, and improved corporate governance report.

Increased savings due to a higher threshold introduced by

Parliament were calculated by the Centre for European Policy

Studies in 2009 at €863 million.

Outcome of Legislative

Procedure

Estimated savings and

benefits

State of Play:

Implementation



Date of effect:

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

05/09/2006;

Transposition

05/09/2008

Evaluation done

in 2011 (Impact

assessment

accompanying

the proposal for

Accounting

Directive

2013/34/EU)

The Directive contains flexibility for Member States in the

implementation of the provisions for simplification of company

accounts for SMEs. Member States have transposed the Directive

between 2008 and 2014. Due to late transposition in the majority of

Member States companies could not profit as early as expected from

the savings.



8 Member States have fully implemented the simplification

provision, (CZ, DK, DE, ES, NL, SK, SE, UK), while for 7

Member States the degree of implementation is not clear. (HR,

CY, LU, MT, AT, PT, SL).



6 Member States have only implemented certain provisions and

not taken up the option to raise exemption thresholds. (BG, IE,

EL, IT, LV, LT).



3 Member States did not implement the provisions (EE, HU, FI).

They either applied other simplification measures in the area of

annual accounts or the permitted increase in exemption

thresholds for SMEs was relatively small, thereby undermining

potential or perceived benefits of the measure by Member States.

Implementation reported

by MemberStates



2 Member States introduced additional requirements that can

lead to an increase in administrative burden (CY, MT).

Estimated savings and

benefits

In the five Member States that provided assessments of the cost

reduction it was estimated to range between 8% and 82% (CZ, LV,

SK, SE, UK), while the initial estimation by the Commission

predicted overall savings of administrative burdens of around 47%.

Overall, available quantitative evidence was insufficient to provide a

conclusive assessment of impacts of the measure on the ground.

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Annual accounts of micro-enterprises

State of Play:

Proposal made in 2009,

adopted in 2012 and

entered into force in 2013

Estimated Savings were

reduced by the legislator

from 6.3 billion EUR to

3.5 billion EUR.

Summary

Summary:

The measure allowed micro entities to benefit from simplified

accounting/auditing regimes. Micros are businesses that meet two of

the following criteria: (1) a balance sheet total below

€350,000; (2) a net turnover below €700,000; and/or (3) less than an

average of 10 employees in a given financial year.

Additionally, Member States may also allow micro entities to draw

up an abridged profit and loss account and balance sheet.

Estimated savings were reduced by the legislator from EUR 6.3

billion to EUR 3.5 billion assuming each Member State adopts

maximum simplification measures allowed by the Directive.

Implementation feedback showed cost reductions between 42% and

70%, while the initial estimation by the Commission predicted

overall savings of administrative burden of around 38%.

Estimated savings and

benefits

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State of Play:

Commission Proposal



Adopted by the

Commission on

26/02/2009

COM(2009)83

The Commission proposal provided for Member States to have the

possibility to exempt micro-companies from certain accounting

requirements in order to simplify their financial reporting.

A key objective of the Directive was to create a simple financial

reporting environment for micro entities. As such, Member States

can exempt micro entities from one or more of the following

obligations:

Which REFIT objective(s)

did the Commission

pursue?



the obligation to present “prepayments and accrued

income" and "accruals and deferred income";

the obligation to draw up notes on the accounts;

the obligation to prepare an annual report; and

the obligation to publish annual accounts.

Estimated savings and

benefits

Additionally, Member States may also allow micro entities to draw

up an abridged profit and loss account and balance sheet.

38% of total administrative burdens or EUR 6.3 billion assuming

each Member State adopts maximum simplification measures

allowed by the Directive.

State of Play:

Legal Act



Adopted by the

Legislator on

March 2012

Reference

Directive

2012/6/EU

Repealed and

replaced by

Directive

2013/34/EC

Despite significant limitations in the main administrative burden

reduction elements in the Commission proposal, the Council and the

Parliament agreed in Directive 2012/6/EU on the principle of a

significantly lighter regime for micro-enterprises.

The amendments introduced by Directive 2012/06/EU

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Outcome of Legislative

Procedure

reduced

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the scope of flexibility and the number of micro-enterprises to

benefit from the simplification.

The thresholds were reduced In order to be considered as a micro-

enterprise, the latter should have not more than 10 employees, a

balance sheet not exceeding EUR 350 000 and / or a net turnover

not exceeding EUR 700 000.

The Directive nevertheless makes a simpler accounting regime

available to micro-entities compared to the EU provisions that had

been in place so far, including a simplified balance sheet and profit

and loss account, virtually no notes, no management report and

simplified publication system.

An obligation for companies Micro-enterprises will nevertheless

continue to keep records showing the company’s business

transactions and financial situation with the obligation for micro

entities to prepare a balance sheet and a profit & loss account, and

the obligation to file at least the balance sheet with the business

It is up to the Member States whether they want to use the option of

implementing a simpler regime for their micro-entities. Member

States shall bring into force the laws, regulations and administrative

provisions necessary to comply with this directive if and when they

decide to make use of any option provided in it.

The legal provisions aiming for simplified financial reporting by

micro-enterprises introduced by Directive 2012/6/EU were

completely and faithfully taken over by Directive 2013/34/EU.

Estimated savings and

benefits

Estimated savings reduced to EUR 3.5 billion assuming each

Member State adopts maximum simplification measures allowed by

the Directive.

State of Play:

Implementation



Date of effect:

10/04/2012

Transposition of Directive 2012/6/EU as of 2015:



7 Member States have partially implemented the measure

implementing between 1 and 3 of the provisions (DE, FR, LV,

HU, AT, SK, UK). For 1 Member State the degree of

implementation is unclear (PT).



15 Member States have not implemented the measure the

majority indicating their intention to implement together with

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Implementation reported

by MemberStates

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another directive linked to accounting (Directive 2013/34/EU)

with a transposition date of June 2015 (BE, BG, CZ, DK, EE, IE,

EL, ES, IT, CY, LT, LU, MT, RO, SE).

Transposition of Directive 2013/34/EU:

As of October 2016, Directive 2013/34/EU was implemented by all

the Member States, except for Ireland where the adoption of the

necessary legislation was impending before the Parliament.

Estimated savings and

benefits

In the five Member States that provided information on their partial

implementation of the provisions (FR, LV, AT, SK, UK), cost

reductions were estimated to range between 42% and 70%, while the

initial estimation by the Commission predicted overall savings of

administrative burden of around 38%.

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Regulation (EC) N°924/2009 on cross-border payments

State of Play:

Legislative Review

Planned for 2017

Summary:

Review of Regulation (EC) 924/2009 with a view to extend its scope

to all non-Euro currencies in the Union would improve disclosure

and reduce fees in cross-border transactions in particular with

respect to and from non-euro Member States

Information not yet available.

Summary

Estimated savings and

benefits

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Initiatives in the area of Statistics

Integrating business statistics (FRIBS)

State of Play:

Proposal planned for Q1

2017

Summary:

Under the proposal planned for early 2017, the Framework

Regulation Integrating Business statistics (FRIBS) would integrate

the current 10 legislative acts governing the production of European

business statistics into an overarching legal framework which

enables better responsiveness to emerging user needs, provides new

European statistics to serve the Commission policy priorities and

gives better analytical value for users due to more harmonised and

cross-cutting output for them.

In addition, FRIBS would allow for the creation of a system which

is more forward looking, with best potential for modernisation and

collaborative approaches to statistical production. The National

Statistical Authorities (NSAs) would have better access to

administrative data and could use innovative and more cost-efficient

methods of data production across the better integrated domains.

The use of better integrated processes (e.g. due to the alignment of

variable definitions), more innovative and alternative data sources,

would create significant potential for reduction of burden on

businesses acting as respondents.

In summary, FRIBS would serve better the needs of users, facilitate

the integration and modernisation of statistical production in the

NSAs and allow for a reduction of burden on businesses.

Input of the REFIT Platform:

The REFIT Platform opinion on

environmental protection

investment statistics

contains a recommendation of the majority of

the Government group and some members of the Stakeholder group

that the Commission examines the extent to which there are

overlapping reporting requirements under different regulations

linked to environmental protection investment and removes any

duplication. The Commission attaches great importance to

administrative burden being created by reporting obligations and has

examined the legal basis for environmental accounts. The

Commission plans to produce a legislative proposal on FRIBS

which should ensure that there are no overlapping reporting

Summary

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requirements

Estimated savings and

benefits:

Regarding administrative burden that data providers (businesses) are

facing: FRIBS is expected to foster a reduction of administrative

burden of at least 13.5 % (or EUR 93 million) compared to the

current annual burden.

Regarding the cost on data compilers (National Statistical

Authoritites): FRIBS could lead to a maximum net cost savings of

EUR (–) 10 million and maximum net cost increase of EUR (+) 9

million - depending on the implementation modalities which may

vary in different Member States.

To sum up, FRIBS could bring about considerable benefits in

reducing administrative burden and foster a potential reduction of

costs to the NSAs.

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State of Play:

Under preparation

Proposal from COM

planned for 4th quarter

2016

Which REFIT

objective(s) does the

Commission pursue?

Commission Proposal

FRIBS work targets the integration of existing individual basic acts

in one framework Regulation. This would guarantee that all actions

would be undertaken in a consistent and time-coordinated way.

Furthermore, it would allow the definitions of a flexible frame for

future developments of business statistics in the EU, since changes

in statistical areas would always take place within the framework of

one single Regulation, and thus, per definition, in a consistent way.

Moreover, specific provisions for accessing administrative sources

and notably the modernisation of Intra EU trade in goods statistics

would reduce the administrative burden on respondents.

The Proposal will also address the opinion by the REFIT Platform

regarding overlapping reporting requirements under different

regulations regarding environmental protection investment statistics.

Which other objective(s)

does the Commission

pursue?

Proposal for a Framework Regulation integrating Business Statistics

(FRIBS)

It would repeal Regulation (EC) No 295/2008; Regulation (EC)

1165/1998; Regulation (EEC) No 3924/91 and Regulation (EC)

912/2004; Regulation (EC) No 471/2009; Regulation (EC)

638/2004; Regulation (EC) No 716/2007; Regulation (EC)

177/2008;, Regulation (EC) No 48/2004; Decision (EC)

1608/2003 related to statistics; modifying Regulation (EC)

184/2005; Regulation (EC) No 808/2004

The initiative aims at integrating business statistics in a common

legal framework to:



streamline and rationalise the reference framework for

European business statistics, reduce the response burden

on business

defining a new architecture for European business statistics

instrumental to the compilation of quality and purpose-

relevant European business statistics, including the

provision on higher quality statistics on services,

globalisation and entrepreneurship.

Estimated savings and

benefits

Regarding administrative burden that data providers (businesses) are

facing: FRIBS is expected to foster a reduction of at least 13.5 %

(or EUR 93 million) compared to the current annual burden.

Regarding the cost on data compilers (National Statistical

Authoritites): Applying a cost model for calculating the net present

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value of the total FRIBS costs over a 10-year implementation

period, there could be a maximum net cost savings of EUR (–) 10

million and maximum net cost increase of EUR (+) 9 million -

depending on the implementation modalities which may vary in

different Member States.

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Integrating Social statistics

State of Play:

Proposal adopted on 24

August 2016

(COM(2016)551)

Summary:

The proposed framework Regulation will allow social data to be

published faster, as it reduces the transmission deadlines in a

number of areas. It will also increase the comparability and

coherence of EU social statistics, by bringing together seven existing

household surveys that are currently carried out in the EU and

harmonising variables that are common to two or more surveys. This

will, in addition, facilitate joint analysis of social phenomena, based

on new survey methods. Finally, a richer and broader data set will be

put at the users' disposal, thanks to the use of innovative approaches

and methods by national statistical authorities and the combination

of data from several sources.

Savings will depend on the concrete implementation of the

production methods at national level (adoption of technological and

methodological innovations, improved access to administrative

registers). Therefore estimation of savings varied between a net

present value of €-3.1 million under the more contained hypothesis

and a net present value of -34 million under the less restrictive

option.

Summary

Estimated savings and

benefits

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State of Play:

Adopted on 24 August

2016; COM(2016)551.

Which REFIT

objective(s) did the

Commission pursue?

Commission Proposal

The work concerns data collected from private households and

individuals (persons), but not from enterprises. The objective is to

make best possible use of the information provided by private

households and individuals, and to meet current and future needs for

European statistics while keeping the response burden at

approximately the present level. This shall be achieved through the

integration of European statistical data collections that are currently

covered by different regulations.

The aim is to:



consolidate and integrate statistical legislation on the production

of European statistics relating to persons and households



enable progressive methodological and organisational integration

of statistical surveys



increasing accountability, efficiency and responsiveness of

statistical production and output

The framework regulation will possibly repeal the following acts:



the EU Labour Force Survey (Council Regulation (EC) No

577/98 of 9 March 1998 on the organisation of a labour

force sample survey in the Community),

the EU-SILC (EU Statistics on Income and Living

Conditions, Regulation (EC) No 1177/2003 of the European

Parliament and of the Council of 16 June 2003 concerning

Community statistics on income and living conditions),

Which other objectives

did the Commission

pursue?



Estimated savings and

benefits

The REFIT objective of the proposal is to make best possible use of

the information provided by private households and persons, and to

meet the current and future needs for European statistics while

limiting the response burden. This simplification should be achieved

by bringing various European social statistical data collections,

which are currently covered by separate regulations, under one

framework. Details of the reduction of costs for data producers and

providers, calculated based on model scenarios, can be found in the

impact assessment. The baseline hypothesis leads to an estimated

increase in costs of €10.3 million in the design phase (at EU level),

while leading to a decrease of €20.8 million in the data collection

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(net present value of €-10.4 million).

Savings will depend on the concrete implementation of the

production methods at national level (adoption of technological and

methodological innovations, improved access to administrative

registers). Therefore estimation of savings varied between a net

present value of €-3.1 million under the more contained hypothesis

and a net present value of -34 million under the less restrictive

option

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Framework Regulations in Agricultural Statistics to 2020 and beyond

State of Play:

Proposal planned for Q4

2016

Summary:

Two new framework regulations for agricultural statistics will be

proposed. They will enable producing high-quality data that meet

users' needs efficiently and effectively, increase the flexibility and

reaction speed of the agricultural statistics system, improve the

harmonisation and coherence of European agricultural statistics, and

allow producing more statistics while lowering the burden on

respondents by opening up alternative data sources and installing

efficiency improvements.

The new framework is estimated to represent about 18% savings in

agricultural census years (or 56 million of 320 million Euro total

costs, if applied to the year 2010), and comparative proportions for

sample survey years.

Summary

Estimated savings and

benefits

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State of Play:

Under preparation and

planned to be finalised/

proposed in Q4 2016.

Which REFIT

objective(s) did the

Commission pursue?

Which other objectives

did the Commission

pursue?

Commission Proposal

The proposals will increase the availability of quality data needed

for agricultural, environmental and climate change policies while

simplifying the statistical system and keeping the burden moderate.

Two Proposals for Framework Regulation on agricultural statistics

The aim is to repeal the current basic acts in the field of agricultural

statistics, The scope of these two framework proposals is still being

considered.

As the current Farm Structure Survey Regulation will become

obsolete in 2018, and as it is crucial that an agricultural census be

organised in 2020, the Commission will propose a two-phased

approach with the objective of integrating the existing basic acts and

new statistical data needs under two Framework Regulations and

related delegated/implemented acts. The aim is to:



permit collection of existing and new data requested by

users for new needs by having most data collection covered

by legislation;

increase the efficiency of the statistcal system and quality of

collected data by keeping the burden on respondents and

National Statistical Institutes moderate;

increase the coherence and comparability of agricultural

statistics by ensuring that common essential elements such

as scope, precision and quality requirements are the same.



Estimated savings and

benefits

The main direct costs for stakeholders relate to the adaptation to new

statistical, organisational and technical systems. In the mid to long

term, these costs and burdens are expected to pay for themselves by

establishing a slightly lower burden, and more effective and efficient

data production leading to cost savings by having to survey almost a

fifth fewer farms. This is estimated to represent about 18% savings

in agricultural census years (or 56 million of 320 million Euro total

costs, if applied to the year 2010), and comparative proportions for

sample survey years. Short-term adaptation costs are estimated at

around 8% of total costs.

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Priority 6: A Reasonable and Balanced Free Trade Agreement with the U.S.

Overview

Overview of REFIT Initiatives in the area of Trade

Evaluation

Commission Proposal

Legal Act

Implementation

Trade diversion into the EU

of certain key medicines

Reform of Trade Defence

Instruments

Common rules for imports

of textile products

Export control for dual-use

items

Evaluation

(published 7 April 2016)

Commission Proposal

(adopted on 10 April 2013)

Commission proposal

12 June 2014

Commission Proposal

(adopted on 28 September

2016)

Legal Act

(pending)

Legal Act 25 June 2015

Implementation

Evaluation

(adopted 24 April 2014)

In legislative procedure

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Initiatives in the area of Trade Policy

Trade diversion into the EU of certain key medicines

Overall state of play

Evaluation published 7

April 2016

No legislative follow-up

foreseen

Summary:

The Commission has carried-out an evaluation of legislation on

trade diversion into the EU of certain key medicines. The evaluation

concludes that tiered pricing is still important and that Regulation

(EC) No 953/2003 represents an important sign of EU support for it.

Legislative follow-up to the evaluation of Regulation 953/2003 is

therefore not foreseen.

Indicative cost measurement by pharmaceutical companies delivered

data on registration costs of €200 000, registration costs of €100 000

and overall costs associated with the logo for the whole application

period of the Regulation.

The benefits of the Regulation include an offsetting of costs, as it

reduces the need to use other, more costly anti-diversion processes

for some products in some areas. It is thus concluded that the

benefits can be assumed to have offset the administrative costs.

Given data limitations, further quantification of regulatory benefits

has not been possible.

Summary

Estimated savings and

benefits

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State of Play:

Finalised -7 April 2016.

SWD (2016) 124 final

Scope:

Evaluation

Evaluation of Council Regulation (EC) No 953/2003 to avoid trade

diversion into the European Union of certain key medicines.

The evaluation considers that the objective of improving access to

medicines in the poorest developing countries remains relevant, that

tiered pricing still has value and that the Regulation is a signal of EU

support for it.

The objective of the Regulation is to ensure that customs authorities

prevent the re-importation into the EU of HIV/AIDS, TB and

malaria medicines sold to the poorest developing countries at

discounted prices. The Regulation empowers the customs authorities

to detain, or suspend the release of, products registered under the

Regulation.

The Regulation also adds value to the EU commitment in the

context of the WHO global strategy and plan of action; one aspect of

encouraging differential pricing is to take action against product

diversion. The Regulation is seen as a signal of support for tiered

pricing which private initiatives cannot send.

The evaluation concludes that the benefits of the Regulation

outweigh the costs and that the Regulation plays a relevant role in

the context of the

Trade for all

Communication to promote an

ambitious global health agenda and better access to medicines in

poor countries.

Evaluation findings:

Estimated savings and

benefits

The following regulatory costs were measured by pharmaceutical

companies:



One company incurred costs in registering products with the

Commission and adding a logo on its packs. These costs

were estimated at around €200 000 for the whole period.

There were also one-off costs of getting regulatory

authorities to amend/extend marketing authorisations for the

medicines due to a change of packaging. As the fee for such

amendments in several countries is estimated at more than

€100 000, the overall costs associated with the logo were

estimated at several hundred thousand euros.

Other companies choosing to use the Regulation would face

similar administrative and authorisation costs.



The benefits of the Regulation include an offsetting of costs, as it

reduced the company's need to use other, more costly anti-diversion

processes for some products in some areas. It is thus concluded that

the benefits can be assumed to have offset the administrative costs.

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Also, the Regulation improved transparency on the prices at which

HIV, TB and malaria medicines were sold to developing countries.

Companies that do not use the optional scheme are under no legal

obligation to take measures and so face no additional administrative

burden.

Given data limitations, further quantification of regulatory benefits

has not been possible.

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Reform of the Trade Defence Instruments – Anti-dumping regulation and

Anti-subsidy regulation

Overall state of play

Pending

COM proposal in 2013

pending in legislative

procedure

Benefits likely to be

improved in legislative

procedure

Summary:

The Commission proposed a reform of trade defence instruments in

2013 to increase its efficiency and effectiveness and improve

transparency and predictability. SMEs are likely to benefit in dealing

with Trade Defence cases, both in their capacity as European

producers as well as importers liable to payment of duties imposed.

The proposal is pending in legislative procedure, amendments may

further reduce the burden for SMEs when initiating and cooperating

in trade defence investigations.

The proposal focuses on different challenges to the EU trade defence

policy, which has not undergone any major reform since1994. The

principal goal of the Commission is to find solutions to streamline

the system, to ensure utmost efficiency and effectiveness of the

instruments without altering the existing balance among the different

interests of stakeholders.

In particular:



Create a trading environment in which EU industries (and by

implication their workers) are able to compete on the basis of

their genuine competitive advantages and make sure that they

can make full use of the instruments legally at their disposal to

restore a level playing field



Allow users and consumers to benefit from imports based on the

genuine competitive advantages of foreign suppliers



Increase confidence and awareness in the EU's TDI system

among all stakeholders, including among small and medium

enterprises



Improve the level of cooperation of all stakeholders concerned in

TDI proceedings



Preserve the existing balance of interests between producing and

importing interests

Estimated savings and

benefits

Due to the limited availability of data,the savings could not be

quantified.

Summary

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State of Play:

Adopted 10 April 2013

COM(2013)192

Which REFIT

objective(s) does the

Commission pursue?

Commission Proposal

Assist SMEs in dealing with Trade Defence cases, both in their

capacity as European producers as well as importers liable to

payment of duties imposed.

Improve transparency and predictability of the two instruments by

adopting and publishing guidelines in due course.

Which other objective(s)

does the Commission

pursue?

Improvement and update of the two key trade defence instruments

with a view of notably:



Increasing transparency and predictability. Interested parties will

be informed 2 weeks in advance of decision to impose (or not)

provisional or definitive measures and will be allowed to

comment;



Preventing retaliation. Special circumstances to initiate ex officio

investigation will include threat of retaliation;



Ensuring effectiveness and enforcement by removing the lesser

duty rule in case of raw material distortions or subsidisation;



Facilitating cooperation;



Optimising review practice by reimbursing duties collected

during the investigation to importers where measures are not

extended after a review;



Increasing legal certainty trough the codification of practices

stemming from ECJ and WTO rulings.

Estimated savings and

benefits

Due to the limited availability of data, the savings could not be

quantified.

State of Play:

Pending

Debate in Legislative

Procedure

Legal Act

Several amendments aim at further reducing the burden for SMEs

when initiating and cooperating in trade defence investigations,

these include standard forms or questionnaires in all EU languages.

Suggested web-access to information aims at simplifying procedures

for all interested parties.



The

voted a legislative resolution in April 2014 and

closed its first reading. It has thus been ready to start

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trilogues ever since.



So far, the

Council

has not reached a compromise. The

main stumbling block is the proposal regarding the partial

non-application of the lesser duty rule (‘LDR’) in cases of

structural raw material distortions. In the steel

communication of March 2016, the Commission asked the

Council to move the file forward. To help the Council reach

a common position, the Commission has proposed to focus

the non-application of the LDR on situations of massive

overcapacities. It also presented a paper on the ways to

shorten investigations to be able to impose provisional

measures faster.

Outcome of Legislative

Procedure

Estimated savings and

benefits

Information not yet available.

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Common rules for imports of textile products

Overall state of play

Summary

Adopted

Commission proposal

on 12 June 2014

Legal Act 25 June 2015

Summary:

The Commission proposed a recast of the common rules for imports

of textile products in 2014, the proposal was adopted by the

legislator and entered into force in 2015.

Following to 29 amendments to Council Regulation (EC) No 517/94

on common rules for imports of textile products, the recast version

provides a clearer and updated Regulation for all users. In particular,

the possibility to extend the validity of wholly or partly unused

import authorisations has simplified procedures for importers.

Estimated savings and

benefits

Due to the limited availability of data, savings could not be

quantified.

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State of Play:

Commission Proposal



Adopted

12/06/2014

COM(2014)345

This recast clarified the legal text and facilitated procedures for

importers who may now benefit from extensions of wholly or partly

unused import authorisations if enough quantities are available.

Council Regulation (EC) No 517/94 on common rules for imports of

textile products from certain third countries not covered by bilateral

agreements, protocols or other arrangements, or by other specific

Community import rules was submitted to a recast to take into

account slight substantive amendments in Articles 4(2), 6(4) and 23,

align it with the TFEU and to enhance clarity for Member States,

companies and European citizens.

The following substantive amendments were made:



In order to facilitate procedures for importers, wholly or partly

unused import authorisations may be extended, if enough

quantities are available, in accordance with the examination

procedure referred to in Article 25(3) (Article 23).

Which REFIT

objective(s) did the

Commission pursue?

Which other objectives

did the Commission

pursue?

Estimated savings and

benefits

Due to the limited availability of data, savings could not be

quantified

State of Play:

Legal Act



Adopted on 25

June 2015

Regulation

(EU)2015/936

The European Parliament adopted its position at first reading in

accordance with Article 294, paragraph 3 of the Treaty. The Council

approved the Parliament's position in line with Article 294

paragraph 4 of the Treaty.

Due to the limited availability of data of data, the savings could not

be quantified

Outcome of Legislative

Procedure

Estimated savings and

benefits

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State of Play:

Implementation



Date of effect:

15/07/2015;

Entry into force

Date pub. +20

See Art 37

Information not yet available.

Implementation reported

by MemberStates

Estimated savings and

benefits

Information not yet available.

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Recast of Export control for dual-use items

Overall state of play:

Summary

Pending

EU legislation on export

control for dual-use items

evaluated in several steps

Proposal adopted Sept

2016

Summary

The Commission evaluated the rules for Export control for dual-use

items in 2014 and proposed to recast rules in 2016.

The objectives of the evaluation of Regulation (EC) N° 428/2009

establishing the EU regime for the control of exports, transfer,

brokering and transit of dual-use items include ensuring that EU

export control system is fully capable of responding to today's

evolving and new security risks, rapid technological and scientific

developments as well as transformations in trade and economic

processes.

The Commission assigned a clear goal to the legislative review of

export control policy, to "ensure security and competitiveness in a

changing world", in an effort to strike the right balance between

security and trade.

Among the main benefits, the Commission expectations were that

the EU dual-use export control policy review contributes to:

1) improving of the human rights situation in third countries;

2) strengthening international and EU security and, consequently,

the security of EU citizens; and

3) improving the export environment for EU exporters by enhancing

the legal clarity of the current Dual-Use Regulation (Regulation

(EC) No 428/2009).

Estimated savings and

benefits

The review of the EU export control system is likely to reduce

administrative burdens for economic operators and competent

authorities, allowing for cost savings as well as focusing controls on

high risk transactions.

Due to the limited availability of data, these estimated savings could

not be quantified and are mainly qualitative.

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State of Play:

Evaluation



Scope:

Communication

on the review of

export control

policy – 24 April

2014

COM(2014)244

Evaluation of Regulation (EC) No 428/2009 setting up a

Community regime for the control of exports, transfer, brokering

and transit of dual-use items.

The process was conducted as follows:



Green Paper – "the dual-use export control system of the

European Union: ensuring security and competitiveness in a

changing world" (COM(2011) 393 final, 30 June 2011);



Staff Working Document - reporting on the conclusions of a

public consultation launched under the Green Paper COM(2011)

393 (SWD (2013)7, 17 January 2013);



Report to the Council and the European Parliament on the

implementation of Regulation (EC) N° 428/2009 (COM

(2013)710, 16 October 2013);



Communication on the review of export control policy

(COM/2014/244, 24 April 2014).

Evaluation findings:

The Staff Working Document SWD (2013)7 and the report to the

Council and Parliament (COM

(2013)710)

conclude that the EU

export control regime is generally considered robust and provides

solid legal and institutional foundations, but cannot remain static

and must be re-evaluated and upgraded in order to face new

challenges and generate the modern control capabilities the EU

needs for the coming period.

The findings have fed into a Communication outlining a long-term

vision for EU strategic export controls and to update the EU's export

control regime to rapidly changing technological, economic and

political circumstances (COM(2014)244).

The Communication maps the direction for EU export controls, and

identifies concrete policy options for their modernisation and their

adaptation to rapidly changing technological, economic and political

circumstances, including a number of options with potential impact

on regulatory burden and simplification of procedures.

Due to the limited availability of data, potential savings could not be

quantified and are essentially qualitative.

Estimated savings and

benefits

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State of Play:

Commission Proposal



Adopted

September 2016

COM(2016)616

The initiative aimed to clarify the implications of any change to the

control parameters in terms of, on the one hand, ensuring an

appropriate level of security and, on the other hand, maintaining EU

competitiveness, including any regulatory simplification and

reduction of the administrative burden, e.g. in relation to the

simplification of licensing procedures for certain exports.



Adjusting the EU dual-use export control system to evolving

security risks and threats and adapting it to rapid technological

and scientific developments;



Preventing the export of cyber-surveillance technology in

violation of human rights;



Reducing competitive distortions and administrative costs within

the Single Market;



Levelling the global playing field;



Ensuring the effective and consistent application of controls in

the EU.

Due to the availability of data, potential savings could not be

quantified and are essentially qualitative.

Thanks to the introduction of new EU General Export

Authorisations (EUGEAs), controls would become four times less

costly for companies, and up to 11 times less costly for licensing

authorities. The proposal is also expected to enable a reduction of

administrative burden within the Single Market, in particular as the

number of products subject to control on transfers within the EU

would be reduced by approximately 40%.

Other expected benefits are mainly in terms of improving human

rights in third countries, improved international and EU security

(and subsequently security for EU citizens) and improved legal

clarity of the Regulation. These benefits by their very nature cannot

be quantified.

Which REFIT

objective(s) did the

Commission pursue?

Which other objectives

did the Commission

pursue?

Estimated savings and

benefits

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Priority 7: Upholding the rule of law and linking up Europe’s justice systems

Overview

Overview of REFIT initiatives in the area of Justice, Consumers and Gender Equality

Evaluation

Commission Proposal

Legal Act

Implementation

Brussels IIA Regulation

Evaluation

May 2015

Commission proposal

14 June 2016

Pending in legislative

procedure

Implementation

Personal data protection

Commission proposal

25 January 2012

Legal act

27 April 2016

Date of effect: 24 May 2016;

Entry into force Date of

publication +20 days (See Art

99)

Package travel

Commission proposal

Implementation

Legal act

Date of effect: 01 July 2018;

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09 July 2013

Small claims

Commission proposal

19 November 2013

Consumer Law

Fitness Check

results expected end 2016

Consumer Protection

Cooperation

Consumer product safety

Evaluation

25 May 2016

Commission proposal

planned for 2017

Commission Proposal

25 May 2016

Commission proposal

13 February 2013

11 December 2015

Legal act

06 December 2015

Application See Art 28.2

Implementation

Date of effect: 13 January

2016

Legal act

Pending in legislative

procedure

Legal act

Pending in legislative

procedure

Company Law

Commission proposal

03 December 2015

Identity and Residence

Documents

Emergency Travel

Documents

Evaluation

Planned to be finalised in

Commission proposal

Planned for 2017

Commission proposal

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2017

Equal Treatment in Social

Security

Timeshare, long-term

holiday products, resale and

exchange contracts

Women on company boards

Evaluation

Planned Q4 2016

Evaluation finalised

December 2015

Planned for 2018

Commission proposal

14 January 2012

Legal Act

Pending in legislative

procedure

Counter Terrorism

Instruments

Fitness Check

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Overview of REFIT Initiatives in the area of Communications Networks, Content and Technology

Evaluation

Commission Proposal

Legal Act

Implementation

Directive on ePrivacy and

Electronic

Communications

Evaluation

Ongoing planned to be

finalised Q4 2016

Commission Proposal

Adoption foreseen January 2017

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Initiatives in the area of Justice, Consumers and Gender Equality

Jurisdiction and recognition and enforcement of judgements in matrimonial

matters and the matters of parental responsibility (Brussels IIa Regulation)

Overall state of play:



Evaluation

published 2014

Proposal made

in 2016 -

pending in

legislative

procedure

The Commission has evaluated Regulation (EC) No 2201/2003 in

2014 and presented a proposal for modificationin 2016 which is

pending in legislative procedure.

Building on the results of the evaluation, the proposal foresees that

procedures for the return of abducted children, on custody and

access, on the cross-border placement of children and on child

protection measures in cross-border cases will be shorter and more

efficient.

It will be ensured that children are given the opportunity to be heard

in these proceedings.

The free circulation of judgments in these areas will be enhanced by

abolishing the requirement of exequatur (specific authorisation of

enforcement of a judgement).

The rules on cross-border cooperation of competent authorities in

this area are rendered more explicit and clearer, thereby enabling

these authorities to fulfil incoming requests more quickly and easily.

Estimated savings and

benefits

It is expected that the new rules will reduce the amount of working

time that Central Authorities and child protection authorities need to

fulfil a request under the Regulation in cases such as e.g. obtaining

consent in the placement procedures reduced to 8 weeks instead of

the current 6 months or more.

Similarly, clarifying rules on cross-border cooperation for obtaining

social reports and introducing a time limit of max. eight weeks to

provide the report will shorten the procedures in the same way.

Moreover, it is expected that citizens will need fewer billable hours

of specialised legal advice in those proceedings. E.g. with the

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Summary

kom (2016) 0710 - Ingen titel

proposed abolition of

exequatur,

delays (taking up to several

months) and costs (up to € 4,000) relating to obtaining it would be

eliminated.

The proposed amended procedure for the return of the child in case

of abduction would reduce the costs of specialised legal advice for

parents (between € 1,000 and 4,000).

In international child abduction cases, the proposed concentration of

jurisdiction on a limited number of specialised courts and the

limitation of the number of ordinary appeals to one will reduce the

length of the proceedings in those Member States which have not

yet taken those measures under national law from several months,

sometimes more than a year to less than 20 weeks max.

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State of Play:

Evaluation



COM(2014) 225

of 15 April 2014

Evaluation of Regulation (EC) No 2201/2003

While the Regulation is considered to be functioning well overall

and to be delivering value to EU citizens, the operational

functioning of the instrument is at times hampered by a series of

legal issues. The current legal text is insufficiently clear or is

incomplete on some points (e.g. child return procedure; cooperation

between the Central Authorities on parental responsibility matters).

The evaluation showed that between the two major areas covered by

the Regulation, the matrimonial and parental responsibility matters,

the latter were identified to have caused acute problems.

The overall efficiency of certain aspects of the child-related

proceedings has been called into question. In matters concerning

parental child abduction, cross-border placement of children,

recognition and enforcement of decisions and cooperation between

(central and other) national authorities there are excessive and undue

delays arising from the way the existing procedures are formulated

or applied. This has had a negative impact on parent-child

relationships and the best interests of children. In addition, the

requirement of

exequatur

generated average delays per case of

several months and costs reaching up to 4,000 Euro for citizens,

including between € 1,000 and 4,000 per case for the work of

specialised lawyers. Decisions given in another Member State are

often not enforced or only with significant delays. The vague

description of the cooperation between Central Authorities has often

led to delays of several months or even to the non-fulfilment of

requests – which is detrimental to children's welfare. For the

Member States, on the other hand, the Regulation itself has

generated very limited costs; these mainly relate to the operation of

the Central Authorities.

Scope:

Evaluation findings:

Estimated savings and

benefits

State of Play:

Commission Proposal



Date of

adoption: 14

June 2016

COM(2016)411

The proposal includes a number of measures aimed at clarifying the

current system, simplifying and making more efficient the

procedures for the return of abducted children, on custody and

access, on the cross-border placement of children and on child

protection measures in cross-border cases. It provides legal

401

Which REFIT

objective(s) does the

Commission pursue?

kom (2016) 0710 - Ingen titel

certainty, clarity and consistency for children affected by cross-

border proceedings concerning them and for their parents

Which other objective(s)

does the Commission

pursue?



To enhance the operation of the 1980 Hague Child

Abduction Convention among Member States by

implementation measures at supranational level.

To strengthen children's rights in procedures concerning

them by approximating the Regulation to the rules of the

United Nations Convention on the Rights of the Child and

the European Charter of Fundamental Rights, which provide

for binding guidelines for the implementation and

application of the Regulation.



Estimated savings and

benefits

The proposal would lead to

cost savings

for European citizens

engaged in cross-border litigation.

The abolition of

exequatur

would allow them to save the major part

of the current average costs of € 2,200 for the procedure. In addition,

it would contribute to saving costs by parents seeking enforcement

as they would not necessarily need to look for highly specialised

lawyers with knowledge of the foreign enforcement system.

Even though it is not possible to estimate in how many cases such

savings could be achieved, every 10 hours of work of a specialised

lawyer generate costs between € 1,000 and 4,000.

There could be a small reduction of costs for Central Authorities; if

procedures contain unified rules or are shorter at the enforcement

stage, there should be fewer requests for assistance, and/or

assistance would be required for a shorter period. However, given

the different organisation of work and remuneration of the Central

Authorities' staff it is not possible to quantify such savings.

Similarly, the reformulation of the cooperation rule is likely to save

costs. Detailed description of the cooperation of the Central

Authorities allows for a one-stop-shop and contains a time limit for

responding to requests for assistance, in particular for social reports.

The obligations can thus be fulfilled more quickly in a single,

streamlined procedure under this Regulation, thereby shortening the

proceedings for which the assistance is needed and reducing the

amount of human resources necessary to process a request.

State of Play:

Legal Act



Pending in

legislative

procedure

ongoing

Outcome of Legislative

Procedure

Estimated savings and

Information not yet available.

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benefits

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Personal data protection

Overall state of play:



Commission

Proposal 2012

Legal Act 2018

Application 2018

Summary

Summary:

The data protection reform package includes the General Data

Protection Regulation (GDPR) and the Data Protection Directive for

the police and criminal justice sector (Police Directive).

The

GDPR

updates and modernises the principles enshrined in the

1995 Data Protection Directive to guarantee privacy rights. It

focuses on: reinforcing individuals' rights, strengthening the EU

internal market, ensuring stronger enforcement of the rules,

streamlining international transfers of personal data and setting

global data protection standards.

The GDPR will help the Digital Single Market realise its full

potential through:



One continent, one law: a single, pan-European law for data

protection, replacing the current inconsistent patchwork of

national laws. Companies will deal with one law, not 28.

The benefits are estimated at €2.3 billion per year;

One-stop-shop: with a 'one-stop-shop' for businesses

companies will only have to deal with one single

supervisory authority, not 28, making it simpler and cheaper

for companies to do business in the EU;

The same rules for all companies – regardless of where they

are established: today European companies have to adhere

to stricter standards than companies established outside the

EU but also doing business in our Single Market. With the

reform, companies based outside of Europe will have to

apply the same rules when they offer goods or services on

the EU market. This creates a level playing field;

Technological neutrality: the

GDPR

enables innovation to

continue to thrive under the new rules.



The

Police Directive

ensures the protection of personal data of

individuals involved in criminal proceedings, be it as witnesses,

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victims, or suspects. It will also facilitate a smoother exchange of

information between Member States' police and judicial authorities,

improving cooperation in the fight against terrorism and other

serious crime in Europe. It establishes a comprehensive framework

to ensure a high level of data protection whilst taking into account

the specific nature of the police and criminal justice field.

Estimated savings and

benefits

The

GDPR

will establish a single, pan-European law for data

protection meaning that companies can simply deal with one law,

not 28. The new rules are expected to bring benefits of an estimated

€2.3 billion per year. This is due not only to the removal of prior

authoritisations and notifications to data protection authorities but

also to the reduction of costs linked to activities of companies across

different Member States.

The

Police Directive

cuts the red tape for authorities. It means that

police and criminal justice authorities will no longer have to apply

different sets of data protection rules according to the origin of the

personal data, saving time and money. The new rules will apply to

both domestic processing and cross-border transfers of personal

data. Having more harmonised laws in all EU Member States will

make it easier for our police forces to work together.

Given data limitations, further quantification has not been possible.

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State of Play:

Commission Proposal



25 January 2012

– COM(2012)11

The proposal provides legal certainty, clarity and consistency, both

for individuals and business, and strengthens the internal market

dimension of the data protection rules through the adoption of a

single law for Europe to replace the current patchwork of 28

different national laws. The proposal also created a regulatory one-

stop-shop for business allowing companies to deal with a single

supervisory authority. It removed a number of existing requirements

in terms of notifications and prior authorisation.

To ensure minimal regulatory burden for SMEs, the proposal

included the following specific provisions and exceptions:



An exemption for SMEs from the obligation to appoint a

Data Protection Officer;

A risk-based approach within the obligation to conduct a

Data Protection Impact Assessment;

Provisions included for Subject Access Request Fees that

businesses can request in case of abuse.

Which REFIT

objective(s) does the

Commission pursue?

Which other objective(s)

does the Commission

pursue?

The proposed legal instruments strengthened personal data

protection rights and boost Europe's digital economy. This involves

promoting growth and innovation and strengthening the free flow of

personal data within the digital market while at the same time

ensuring the protection of data.

The proposal was estimated to reduce overall administrative burden

by about 2.3 billion euro per year, coming from the important

reduction of fragmentation in national data protection rules and from

from the removal of prior authorisations and notifications that were

imposing significant compliance costs on economic operators and

affectcing the free flow of personal data in the EU.

For example, the provision on the information of individuals was

expected to save approx. 180 million euros per year to data

controllers. The provision on notification is expected to save approx.

80 million euro per year to data controllers.

Estimated savings and

benefits

State of Play:

Legal Act



Adopted

27/04/2016:

Regulation (EU)

2016/679

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Outcome of Legislative

Procedure

Some exemptions and specific provisions for SMEs proposed by the

Commission were changed in first reading by the co-legislators to a

general risk-based approach, differentiating not between the size of

companies but connected to the risks the processing in question has

for the rights and freedoms of individuals. This was explained by the

argument that a small organization with just a few employees can

control a huge amount of sensitive personal data and vice versa.

However, the fundamentals of the proposal have not been changed

in the legislative proposal: the key benefits of the GDPR remain

unchanged compared with the initial commission proposal.

Estimated savings and

benefits

Estimations on savings were not updated following amendments in

legislative procedure.

Overall state of play:

Implementation



Date of effect:

24/05/2016;

Entry into force

Date pub. +20

days See Art 99

Date of effect:

25/05/2018;

Application See

Art 99

Deadline:

25/05/2020; At

the latest See Art

First evaluation

Planned for May

2020

The GDPR provides for a two-year transition period and will enter

into application on 25 May 2018.

Not yet available.

Implementation reported

by MemberStates

Estimated savings and

benefits

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Package travel

Overall state of play:



Proposal 2013

Legal Act 2015

Application 2018

The Commission proposed a revision of the Package Travel

Directive in 2013 which was adoped by the legislator in 2015

without effects to savings estimated.

Summary

The new Directive is expected to reduce compliance costs for

businesses and detriment to consumers.

It includes:



New information requirements for travellers: they must

include understandable information on the package and the

protection they benefit from under package holiday rules;

More predictable prices: establishment of a 8% cap for

possible price increases by the trader, beyond which the

traveller has the right to cancel their holiday free of charge;

Stronger cancellation rights: free cancellation before

departure in case of natural disasters, war, or other serious

situations at the destination. Package travellers will also be

able to cancel their holiday for any reason by paying a

reasonable cancellation fee (in addition to the right to transfer

the package to another traveller);

Clear identification of the liable party: the organiser of the

package in all EU Member States has to deal with the

problem if something goes wrong. In addition Member States

may decide that also the retailer (travel agent) is fully liable.

Clear liability for booking errors: traders will be made

explicitly liable for booking errors in relation to packages and

linked travel arrangements;

Clarification on essential consumer rights: the organiser is

required to assist travellers in difficulty, for example where

health assistance is needed.



Estimated savings and

benefits

The new Directive is expected to reduce detriment to consumers by

about €430 million a year.

While increasing business costs for some companies the new

Directive is expected to reduce overall costs for businesses by €475

million per year through:

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

Abolishing outdated requirements to reprint brochures,

thereby saving tour operators and travel agents an estimated

€390 million per year;

Excluding managed business travel from the Directive,

which is expected to lead to savings of up to € 76 million

per year;

Furthermore, harmonised information requirements are

expected to lead to one-off cost savings of € 21 millions and

to annual cost-savings of € 5.1 million.

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State of Play:

Commission Proposal



09/07/2013

COM(2013)0512

Reduction of compliance costs for businesses by



Creating a level playing field between different operators;



Abolishing outdated requirements to reprint brochures,

excluding managed business travel from the Directive and

providing EU-wide rules on information, liability and

mutual recognition of national insolvency protection

schemes, thus facilitating cross-border trade.

The proposal sought to establish a level playing field between

operators, remove legal obstacles to cross-border trade and reduce

compliance costs for businesses as well as to reduce consumer

detriment through unclear rules on the kind of combined travel

arrangements included in th scope of the Directive.

The proposal is complementary to existing EU law, in particular the

Unfair Contract Terms Directive, the Unfair Commercial Practices

Directive, the Consumer Rights Directive , the Regulations in the

area of passenger rights as well as Directives on electronic

commerce and on services in the internal market.

Which REFIT

objective(s) did the

Commission pursue?

Which other objectives

did the Commission

pursue?

Estimated savings and

benefits

Reduction of compliance costs for businesses by



Creating a level playing field between different operators;

Abolishing outdated requirements to reprint brochures,

thereby saving tour operators and travel agents an estimated

€390 million per year;

Excluding managed business travel from the Directive,

which is expected to lead to savings of up to € 76 million

per year;

Providing EU-wide rules on information, liability and

mutual recognition of national insolvency protection

schemes, thus facilitating cross-border trade.

Overall cost savings for businesses can be estimated at € 475 mio

annually, not including one-off costs.

State of Play:

Legal Act



Adopted

11/12/2015,

Directive (EU)

2015/2302

Despite certain changes in the legislative text (including increased

Outcome of Legislative

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kom (2016) 0710 - Ingen titel

Procedure

transparency and further details in some repects), the adopted text

maintains the key features of the initial proposal, including the

extended scope, the distinction between packages and linked travel

arrangements, full harmonisation, including in relation to informtion

requirements, and mutual recongnition of insolvency proteciton

requirements

The changes brought about by the co-legislator are not expected to

cause any significant changes in the estimated costs and savings

compared to the initial Commission proposal.

Estimated savings and

benefits

State of Play:

Implementation



Application on

Date of effect:

01/07/2018;

Application See

Art 28.2

Transposition

Deadline :

01/01/2018;

Review See Art

Deadline:

01/01/2021;

Review See Art

Evaluation

Planned for

January 2021

Transposition work ongoing, no measures notified so far.

January 2019, report on the provisions of this Directive applying to

online bookings made at different points of sale and the qualification

of such bookings as packages, linked travel arrangements or stand-

alone travel services, and in particular on the definition of package

set out in point (b)(v) of point 2 of Article 3 and whether an

adjustment or broadening of that definition is appropriate.

Not yet available.

Implementation reported

by MemberStates

Estimated savings and

benefits

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Small claims

Overall state of play:



Proposal in 2013

Legal in 2015

Application in

2017

Summary

Summary:

The European Smal Claims Procedure is a simplified and

accelerated civil procedure applicable to cross-border claims of a

value of up to EUR 2,000. It is mainly a written procedure, though

in some circumstances hearings can be organised. Representation by

a lawyer is not required. Judgments given are enforceable in all MS

without the need to obtain a declaration of enforceability. These

features make the procedure less expensive than ordinary civil

proceedings.

The revision extends the scope of application of the European Smal

Claims Procedure by increasing the maximum value of claims that

can be pursued through the procedure and by extending the

definition of a cross-border case. The revision should result in a

reduction of litigation costs in which cases which before could not

be pursued through the European Small Claims Procedure.

Estimated savings and

benefits

The initiative could result in a reduction of court proceeding costs

by €1,250 per case in cases which would otherwise have to be dealt

with under national ordinary civil proceedings.

The initiative provides for further simplifications of the procedure,

making it lighter and cheaper for the parties. It enhances the use of

modern communication technologies, in particular for the service of

documents and oral hearings, thereby reducing the costs of

proceedings by between €300 and €700 per case.

The use of electronic service of documents will shorten court

proceedings for at least 9 days.

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State of Play:

Commission Proposal



19/11/2013

COM(2013)0794

The proposal aims at a reduction of costs of cross-border litigation

and at cutting red tape, in particular for SMEs. The proposal

increases the existing threshold of €2,000 to €10,000, which should

allow a considerable increase of its use by SMEs.

Moving the number of court cases from ordinary civil proceedings

to simplified proceedings will reduce also the workload of courts.

Which REFIT

objective(s) did the

Commission pursue?

Which other objectives

did the Commission

pursue?

The proposal aims to correct shortcomings in the original

Regulations regarding legal certainty, language barriers and

transparency of proceedings and increase the utilisation of the

European Small Claims Procedure.

The proposal could result in a reduction of court proceeding costs by

€1,250 per case in cases which would otherwise have to be dealt

with under national ordinary civil proceedings.

The proposal provides for further simplifications of the procedure,

making it lighter and cheaper for the parties. It enhances the use of

modern communication technologies, in particular for the service of

documents and oral hearings, thereby reducing the costs of

proceedings by between €300 and €700 per case.

The use of electronic service of documents will shorten court

proceedings for at least 9 days.

Estimated savings and

benefits

State of Play:

Legal Act



Adopted

24/12/2015,

Regulation (EU)

2015/2421

The Regulation was adopted on 16 December 2015. While still

representing an improvement as compared to the current situation,

the scope of the REFIT objectives has been reduced due to the

amendments introduced by Council. The threshold was increased to

EUR 5,000, the cross-border case definition remained unchanged,

court fees should not be disproportionate and the use of electronic

means of communication is made subject to the availability of

Outcome of Legislative

Procedure

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technical means.

Estimated savings and

benefits

Due to the increase of the threshold of the claim amount, a category

of cross-border cases where the value of the claim is between EUR

2,000 and EUR 5,000 will be dealt with under this simplified and

accelerated procedure, which is in principle cheaper than ordinary

civil proceedings. Furher savings and benefits lie mainly in the

extended use of electronic means of communication, both for service

of documents and taking of evidence. These savings will depend on

the availability of technical means in each Member State.

No specific update of the initial estimated savings has been

performed.

State of Play:

Implementation



Date of effect:

13/01/2016;

Entry into force

Date pub. +20

See Art 3

Date of effect:

14/01/2017;

Application

Partial

application See

Art 3

Date of effect:

14/07/2017;

Application See

Art 3

Evaluation

Planned for July

2022

Information not yet available.

Implementation reported

by MemberStates

Estimated savings and

benefits

Information not yet available.

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Consumer Law

Overall state of play:

Evaluation / Fitness Check

expected in 2016

Proposal planned for 2017

Summary:

The Commission carries out a Fitness Check and an evaluation on

legal acts related to consumer rights and advertising which is due for

completion end 2016.

A legislative proposal is planned for 2017.

Estimated savings and

benefits

According to earlier estimations, action in this area could eliminate

to a great extent the problem of cross-border misleading marketing

practices and reduce by more than €500 million damages incurred

by companies.

A strengthened protection would also significantly reduce the

number of fraudulent domestic practices.

These estimations will have to be rewieved in the light of the results

of the ongoing Fitness Check and preparations for a poposal in

2017.

Summary

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State of Play:

Ongoing and planned to

be finalised in Q4 2016

Scope:

Fitness Check and Evaluation

Fitness Check on legal acts related to consumer rights and

advertising:



Directive 2005/29/EC

commercial practices;

unfair

business

consumer



Directive 1999/44/EC on certain aspects of the sale of consumer

goods and associated guarantees;



Directive 93/13/EEC on unfair terms in consumer contracts;



Directive 2006/114/EC concerning misleading and comparative

advertising.



Directive 98/6/EC Price Indication Directive;



Directive 2009/22/EC Injunctions Directive.

Evaluation of the Consumer Rights Directive 2011/83/EU.

Evaluation findings:

Estimated savings and

benefits

Information not yet available.

State of play:

Proposal Planned for

2017

Which REFIT

objective(s) will the

Commission pursue?

Commission Proposal

Follow up to the Fitness Check on Consumer law (covering six

horizontal Directives) and to the evaluation of the Consumer Rights

Directive 2011/83/EU.

Pending the results of the Fitness Check, and building on the results

of a dedicated study, and depending upon policy decisions, the

proposal could have the following benefits: making possible EU

wide cooperation between Member States when enforcing against

misleading advertising and widening the scope of applicability to all

entities which are not consumers (such as NGOs, schools etc).

Modernisation of the rules in force is necessary also to make clear

that certain new and emerging misleading practices are banned

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upfront (e.g. misleading directory scams).

Which other objectives

will the Commission

pursue?

Estimated savings and

benefits

Information not yet available.

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Consumer Protection Cooperation

Overall state of play:

Pending

Summary:

The Commisison evaluated Regulation (EC) N° 2006/2004 on the

cooperation between national authorities responsible for the

enforcement of consumer protection laws, the results of the

evaluation were published in May 2016.

The evaluation showed that the CPC Regulation had been beneficial

for the competent authorities, consumers and traders and confirmed

the appropriateness and relevance of its objectives. It also pointed

out that these objectives had not been fully achieved and that the

Regulation had not been exploited to its full potential.

In follow-up to the findings of the evaluation, the Commission

adopted a proposal for a review of Regulation 2006/2004.

The proposal aims to improve the effectiveness of public action and

the governance of EU retail cross-border markets. Costs for public

action and transaction costs for economic actors are expected to

decrease.

Estimated savings and

benefits

The following benefits and savings were calculated in respect of the

Commission proposal to review the CPC Regulation:

Consumers will benefit from better and safer market conditions

when purchasing cross-border. It was estimated for the subset of five

online markets that a decrease of 10 points in the non-compliance

rate of 37% could reduce consumer detriment from an estimated

EUR 770 million per year to about EUR 539 million, i.e. by 30%.

Any new single CPC action against a widespread practice could also

reduce consumer detriment across the EU (e.g. by an estimated EUR

68 million in the case of the coordinated action against the

misleading marketing of in-app offers in online games).

Savings for authorities will be achieved thanks to the possibility to

reuse evidence, avoid duplication and ensure maximum consistency

of enforcement actions. Pooling of resources to address widespread

infringements would save resources as one coordinated action would

replace 28 national actions, resulting in net savings varying from ca.

EUR 180,000 (in case of successful coordinated action) to ca. EUR

815,000 (in case of failed action).

Summary

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State of Play:

Evaluation



Finalised on 25

May 2016

COM(2016) 284

final

Evaluation of Regulation (EC) N° 2006/2004 on the cooperation

between national authorities responsible for the enforcement of

consumer protection laws

The evaluation concluded that the CPC Regulation has strengthened

the enforcement of consumer laws across the EU. However, it also

showed that the CPC regulation is not adapted to respond to the

challenges of the digital economy and the development of cross-

border retail trade in the EU.

The main problems linked to the CPC cooperation as an

enforcement instrument for the EU consumer acquis cross-border

are: the insufficient mutual assistance mechanisms, no efficient

response to widespread infringements across the EU, especially

those occurring in the digital environment, as well as difficult

detection of infringements and the lack of prioritisation of

enforcement action.

The current rate of business non-compliance with EU consumer

acquis shows that enforcement is suboptimal: 37% of e-commerce

would breach consumer law. This generates a detriment for

consumers estimated to be about EUR 770 million per year for

consumers shopping online cross-border in travel, entertainment,

clothing, electronic goods and financial services alone.

Scope:

Evaluation findings:

Estimated savings and

benefits

Due to the limited availability of data, regulatory costs and benefits

of Regulation (EC) N° 2006/2004 could not be further quantified.

State of Play:

Commission Proposal



COM(2016)283 of

25 May 2016

The Commission proposal is expected to generate efficiency gains,

such as reduction of administrative burden and costs for national

authorities in cross-border enforcement of Union consumer law.

Businesses operating in all or a large majority of Member States will

benefit from a one-stop-shop approach. A possibility to negotiate

commitments at EU-level will make it simpler, faster and cheaper

for the businesses to resolve consumer issues. More consistent

enforcement of consumer legislation across Europe will increase

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Which REFIT

objective(s) did the

Commission pursue?

kom (2016) 0710 - Ingen titel

legal certainty and reduce legal expertise costs when doing

marketing cross-border.

The proposal does not impose any legal obligations on businesses. It

streamlines administrative systems for the enforcement of existing

consumer laws and simplifies the business environment, especially

in the EU's Digital Single Market.

Which other objectives

did the Commission

pursue?

The general objectives are to:

• Ensure further a high level of consumer protection

in the EU through reduction of financial consumer

detriment caused by cross-border and widespread

infringements;

• Improve further the legal consistency of

enforcement of EU consumer protection legislation

across the EU and thus legal certainty for traders

and consumers;

• Increase further the deterrence effect of the CPC

cooperation.

The specific objectives are to:

• Reduce the situations where important cross-border

or widespread infringements are not addressed via

the CPC framework;

• Reduce duplication of enforcement efforts of

national authorities;

• Increase the detection rate of widespread

infringements;

• Reduce delays in the CPC cooperation.

The proposal also aims at ensuring a strengthened and more efficient

enforcement cooperation framework by:

•

Ensuring that authorities act faster and save costs

especially to jointly stop widespread online

infringements thanks to additional cooperation

powers (e.g. interim measures to block infringing

websites);

Providing for a single coordinated procedure where

the Commission could play a strengthened

assistance role;

Offering businesses a one stop shop approach for

the enforcement of EU consumer law.