kom (2016) 0759 - Ingen titel

Europaudvalget 2016
KOM (2016) 0759
Offentligt

EUROPEAN

COMMISSION

Brussels, 30.11.2016

SWD(2016) 396 final

COMMISSION STAFF WORKING DOCUMENT

EXECUTIVE SUMMARY OF THE FITNESS CHECK

Reporting, Planning and Monitoring Obligations in the EU Energy acquis

Accompanying the document

Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE

COUNCIL

on the Governance of the Energy Union,

amending Directive 94/22/EC, Directive 98/70/EC, Directive 2009/31/EC,

Regulation (EC) No 663/2009, Regulation (EC) No 715/2009, Directive 2009/73/EC,

Council Directive 2009/119/EC, Directive 2010/31/EU, Directive 2012/27/EU, Directive

2013/30/EU and Council Directive (EU) 2015/652 and repealing Regulation (EU) No

525/2013

{COM(2016) 759 final}

{SWD(2016) 397 final}

kom (2016) 0759 - Ingen titel

XECUTIVE

UMMARY

This Staff Working Document presents the results and findings of the Fitness Check

evaluation carried out by the European Commission on the planning, reporting and monitoring

obligations within the EU energy acquis. In particular, the Member States' and the

Commission's reporting and planning obligations are assessed, as well as potential knock-on

effects on stakeholders as data providers, where these can be identified for further details

The purpose of this Fitness Check is to ascertain whether there is a potential for simplification

and reduction of administrative burden within the EU energy acquis and to assess the extent to

which the current obligations are in line with the Better Regulation criteria of effectiveness,

efficiency, coherence, relevance and EU added value. It also assessed, which obligations

could be streamlined in the framework of the new governance system of the Energy Union in

order to improve on the five Better Regulation criteria and reduce the overall costs and

administrative burdens on Member States and on the European Commission while enhancing

the benefits resulting from the planning, reporting and monitoring obligations. In this aspect,

the Fitness Check also evaluated interlinkages between the planning, reporting and monitoring

obligation in the energy acquis with the obligations under the key EU climate legislation.

The Fitness Check assessed a total of 91 obligations in 31 different legal acts of the energy

acquis and based on the findings of the evaluation provided a recommendation for each of

these obligations in relation to the governance system of the Energy Union in terms of

whether the obligation in question should be integrated in the governance system, be kept

entirely separate of it, be kept separate but reflected in the integrated national energy and

climate plans (National Plans) and integrated national energy and climate progress reports

(Progress Reports) or, for those obligations that were found to provide no added value or

presenting unjustified administrative burdens, to be entirely repealed and thus deleted from the

energy acquis.

Overall, the Fitness Check found that the regulatory framework relating to planning, reporting

and monitoring obligations within the EU energy acquis delivers mostly good results, while at

the same time enticing a series of shortcomings. The majority of current obligations are

considered effective and make a positive contribution towards achieving their objectives. The

findings are however less positive with regard to efficiency, were a high administrative

burden of some obligations was found to be disproportionate, although overall efficiency is

considered acceptable to good. The relevance of current obligations is generally considered

good, with only a relatively small number of obligations found to be irrelevant or not

providing information that is actually used. The evaluation also found that most of the

information collected or produced through current obligations would not be available from

other sources and gives to MS and the Commission the possibility to measure progress at EU

and national level and benefit from best practice examples.

Overall the Fitness Check assessed that there is still potential for improving the planning,

reporting and monitoring obligations with regards to coherence in particular. Inconsistencies

and incoherence have been identified both within the energy acquis as well as concerning the

interlinkages with the climate acquis. The Fitness Check therefore recommends that out of the

91 reporting, planning and monitoring obligations within the energy acquis, 19 should be

repealed, 18 should be integrated in the national plans and/or progress reports, 15 should stay

separate in sectorial legislation but should be reflected in the plans and/or progress reports,

See

Fitness

Check

Roadmap

available

at:

http://ec.europa.eu/smart-

regulation/roadmaps/docs/2016_ener_024_cwp_refit_reporting_planning_obligations_en.pdf.

kom (2016) 0759 - Ingen titel

while 39 obligations should stay separate from the plans/progress reports. In addition, for the

22 obligations stemming from the Monitoring Mechanism Regulation (MMR) and following

earlier streamlining in the climate acquis the recommendation is to repeal 1 and integrate the

21 remaining obligations.

The analysis strongly suggests that a systematic integration of Member States' planning and

reporting as well as of the Commission's monitoring will be necessary to ensure coherence

and enable Member States as well as the Commission to make full use of synergies and

ensure consistency between various planning and reporting strands. On this basis, the Fitness

Check concluded that while the existing planning, reporting and monitoring system within the

EU energy acquis has delivered overall good results, there is potential for significant

improvement of the current EU energy acquis as regards the planning reporting and

monitoring obligations, as well as concerning interlinkages with the EU climate acquis, thus

significantly improving the current benefits/costs ratio. This improvement and development of

the system will also help make the system fit for purpose under the new overarching

framework of the Energy Union.