Progress: Procedure completed
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | JURI | KAUFMANN Sylvia-Yvonne ( S&D) | NIEBLER Angelika ( PPE), KARIM Sajjad ( ECR), MARINHO E PINTO António ( ALDE), HAUTALA Heidi ( Verts/ALE), FERRARA Laura ( EFDD) |
Committee Opinion | ECON | ||
Committee Opinion | EMPL | MCINTYRE Anthea ( ECR) | Rina Ronja KARI ( GUE/NGL), Jean LAMBERT ( Verts/ALE) |
Committee Opinion | ENVI | LA VIA Giovanni ( PPE) | Marco AFFRONTE ( EFDD), Nicola CAPUTO ( S&D), Julie GIRLING ( ECR), Gesine MEISSNER ( ALDE) |
Committee Opinion | IMCO | KARAS Othmar ( PPE) | Vicky FORD ( ECR), Dennis de JONG ( GUE/NGL), Jens NILSSON ( S&D) |
Committee Opinion | TRAN |
Lead committee dossier:
Legal Basis:
RoP 54
Legal Basis:
RoP 54Events
The European Parliament adopted by 537 votes to 94, with 80 abstentions, a resolution on Regulatory Fitness and Performance Programme (REFIT): state of play and outlook.
Better regulation : Parliament approved the package of measures of 19 May 2015 aimed at better regulation and supported the continued commitment shown by the Commission to the better law-making agenda. They noted the Commission’s commitment to negotiate a new Interinstitutional agreement on better law-making. According to Members, the work foreseen in the REFIT Communication should be seen as an ongoing process, ensuring that the legislation in force at European level is fit for purpose, achieves the shared objective of the legislators and meets the expectations of citizens, in particular employees, businesses, and other stakeholders.
Parliament made the following recommendations:
· the Commission should prioritise the development of certain measures and should focus on the quality of legislation and better enforcement of existing legislation rather than on the number of legislative acts;
· the REFIT programme must not be used to undermine sustainability or any social, labour, environmental or consumer standards;
· better regulation should simplify legislation, and should include the implementation and application of Union acts at European level, as well as at national, regional and local level, in order to ensure good administration and ‘Europe-friendly conduct’ at all levels;
· the Commission should introduce “ sunset clauses ” in time-limited legislative initiatives, on condition that this does not lead to legal uncertainty, and include if appropriate “ review clauses ” in legislative measures;
· the choice between implementing acts and delegated acts caused numerous Interinstitutional disputes, it is important for specific guidelines to be drawn up.
Transparency and stakeholder consultations : Parliament welcomed the Commission’s intention of making the legislative process more transparent and its affirmation that dialogue with citizens, the social partners and stakeholders must contribute to the process . The Commission was asked to conduct a balanced and transparent assessment of the positions of, and feedback from, all participants in the consultation procedure.
The resolution also welcomed the Commission’s decision in future to conduct four-week public consultation exercises on draft delegated acts and major implementing acts before Member States voted on their position in the committee responsible.
Members took the view that the Economic and Social Committee and the Committee of the Regions could contribute to the purposes of better legislation if they were properly consulted on specific issues sufficiently well in advance.
Impact assessments and European added value : whilst noting that impact assessments constituted an important tool for supporting decision-making, Parliament called on the Commission and Member States to be more rigorous in fulfilling their commitments and in assessing the impact of future and existing legislation. It underlined, however, that such assessments were not a substitute for political assessments and decisions and that the freedom of Members of the European Parliament to carry out their political work must not be restricted in any way.
Members considered that:
· a competitiveness assessment should form a significant part of the impact assessment process;
· better regulation principles should apply to decisions on secondary legislation as well as primary legislation; the Commission, where appropriate, should accompany delegated and implementing acts with an impact assessment;
· impact assessments must be comprehensive, and contain a balanced evaluation of economic, social and environmental consequences , as well as an assessment of the impact on the fundamental rights of citizens and equality between women and men.
Parliament took note of the conversion of the Commission’s Impact Assessment Board (IAB) into an independent ‘Regulatory Scrutiny Board’ (RSB) and expected that the inclusion of independent experts will have an advantageous effect on the impact assessment process within the Commission. It insisted that the Regulatory Scrutiny Board has only an exclusively advisory role and must not issue binding opinions.
Parliament’s specialist committees were asked to make more consistent use of in-house impact assessment instrument.
SMEs and Think Small First : Parliament welcomed the Commission's commitment to give consideration to more flexible rules for SMEs, including an outright exemption for microbusinesses, provided it was appropriate and feasible. It called on the Commission: (i) not to abandon its ambitious targets of reducing the administrative burden on SMEs and (ii) ensure that objectives concerning the public interest including user-friendly, ecological, social, health and safety and gender-equality standards were not compromised.
The reduction of administrative burdens must not lead to a reduction in employment standards or an increase in precarious employment contracts.
Ex-post evaluations : the resolution:
underscored the importance of ex-post assessment and policy performance appraisal for an evaluation of the implementation and efficiency of EU legislation and EU policies in the light of the legislative authority's intended outcomes ; encouraged the Commission and the Member States to intensify the exchange of best practices in the implementation and application of EU directives, Notes that, one third of the regulatory and administrative burden of EU legislation follows from transposition measures undertaken by the Member States.
Withdrawal of pending legislative proposals : Parliament pointed out that the Court of Justice affirmed in its judgment of 14 April 2015 that the Commission might at any time in the course of the adoption of a Union act under the ordinary legislative procedure withdraw a proposal as long as the Council had not acted. It called on the Commission, in the event of withdrawal, to first consult Parliament , especially after the first reading, and to duly take into account its position.
The Committee on Legal Affairs adopted the own-initiative report by Sylvia-Yvonne KAUFMANN (S&D, DE) on Regulatory Fitness and Performance Programme (REFIT): state of play and outlook.
Better regulation : whilst noting the decision of Commission President Juncker to entrust the First Vice-President of the Commission with the portfolio of better regulation, Members underlined that the Commission should prioritise the development of certain measures and should focus on the quality of legislation and better enforcement of existing legislation rather than on the number of legislative acts.
The REFIT programme must not be used to undermine sustainability or any social, labour, environmental or consumer standards.
Better regulation should simplify legislation, and should include the implementation and application of Union acts at European level, as well as at national, regional and local level, in order to ensure good administration and ‘Europe-friendly conduct’ at all levels.
The report suggested that the Commission took the introduction of “ sunset clauses ” into consideration in time-limited legislative initiatives, on condition that this did not lead to legal uncertainty, and include if appropriate “ review clauses ” in legislative measures.
Members welcomed the package of measures of 19 May 2015 aimed at better regulation and supported the continued commitment shown by the Commission to the better law-making agenda. They noted the Commission’s commitment to negotiate a new Interinstitutional agreement on better law-making.
Pointing out that during the previous parliamentary term, the choice between implementing acts and delegated acts caused numerous Interinstitutional disputes, Members considered it important for specific guidelines to be drawn up.
Transparency and stakeholder consultations : Members welcomed the Commission’s intention of making the legislative process more transparent and its affirmation that dialogue with citizens, the social partners and stakeholders must contribute to the process . The Commission was asked to conduct a balanced and transparent assessment of the positions of, and feedback from, all participants in the consultation procedure.
The report also welcomed the Commission’s decision in future to conduct four-week public consultation exercises on draft delegated acts and major implementing acts before Member States voted on their position in the committee responsible.
Members took the view that the Economic and Social Committee and the Committee of the Regions could contribute to the purposes of better legislation if they were properly consulted on specific issues sufficiently well in advance.
Impact assessments and European added value : whilst noting that impact assessments constituted an important tool for supporting decision-making, Members called on the Commission and Member States to be more rigorous in fulfilling their commitments and in assessing the impact of future and existing legislation. They underlined, however, that such assessments were not a substitute for political assessments and decisions and that the freedom of Members of the European Parliament to carry out their political work must not be restricted in any way.
Members considered that:
a competitivenes s assessment should form a significant part of the impact assessment process; better regulation principles should apply to decisions on secondary legislation as well as primary legislation; the Commission, where appropriate, should accompany delegated and implementing acts with an impact assessment; impact assessments must be comprehensive, and contain a balanced evaluation of economic, social and environmental consequences, as well as an assessment of the impact on the fundamental rights of citizens and equality between women and men.
Parliament’s specialist committees were asked to make more consistent use of in-house impact assessment instrument.
SMEs and Think Small First : Members welcomed the Commission's commitment to give consideration to more flexible rules for SMEs, including an outright exemption for microbusinesses, provided it was appropriate and feasible. They called on the Commission: (i) not to abandon its ambitious targets of reducing the administrative burden on SMEs and (ii) ensure that objectives concerning the public interest including user-friendly, ecological, social, health and safety and gender-equality standards were not compromised.
The reduction of administrative burdens must not lead to a reduction in employment standards or an increase in precarious employment contracts
Ex-post evaluations : the report:
underscored the importance of ex-post assessment and policy performance appraisal for an evaluation of the implementation and efficiency of EU legislation and EU policies in the light of the legislative authority's intended outcomes; encouraged the Commission and the Member States to intensify the exchange of best practices in the implementation and application of EU directives, Notes that, one third of the regulatory and administrative burden of EU legislation follows from transposition measures undertaken by the Member States.
Withdrawal of pending legislative proposals : the report pointed out that the Court of Justice affirmed in its judgment of 14 April 2015 that the Commission might at any time in the course of the adoption of a Union act under the ordinary legislative procedure withdraw a proposal as long as the Council had not acted. It called on the Commission, in the event of withdrawal, to first consult Parliament , especially after the first reading, and to duly take into account its position.
PURPOSE: to report state of play in implementing the Regulatory Fitness and Performance Programme (REFIT) programme and identifies new actions.
BACKGROUND: the Regulatory Fitness and Performance Programme (REFIT) aims to offer a simple, clear and predictable regulatory framework for business workers and citizens. It seeks to cut red tape, remove regulatory burdens, simplify and improve the design and quality of legislation .
Under REFIT, the Commission is screening the entire stock of EU legislation on an ongoing and systematic basis to identify burdens, inconsistencies and ineffective measures and identified corrective actions.
In the October 2013 Communication on REFIT, the Commission set out an ambitious agenda. It identified areas where initiatives foreseen would not be taken forward. It withdrew a number of proposals that had been long blocked in the legislature and repealed a number of pieces of legislation. In total, over 100 actions were identified, half of which were new proposals aimed to simplify and reduce regulatory burden in existing legislation.
CONTENT: following on from its October 2013 Communication, the present Communication reports on the state of play in implementing the REFIT programme and identifies new actions . It indicates how the Commission is further strengthening its horizontal regulatory tools – impact assessment, evaluation and stakeholder consultations. It also looks at how EU institutions, Member States and stakeholders in business and civil society are playing their part in exercising this shared responsibility for Regulatory Fitness.
Future REFIT initiatives : the Commission considers that new initiatives for simplification and burden reduction are warranted in several areas. These initiatives include the simplification of EU legislation on identity and travel documents, the development of a new comprehensive architecture for business statistics, the extension of the one-stop shop in the area of VAT to all business to consumer supplies together with the development of an EU VAT Web portal to inform businesses about national and EU VAT rules and the codification of legislation on third country listings for visa requirements.
The Commission will prepare repeals of legislation in further areas: (i) energy labelling, (ii) transport rates and conditions, (iii) the Common Agricultural Policy; (iv) standardized reporting in the area of environment. In addition, the Commission is also screening the acquis in respect of police cooperation and judicial cooperation in criminal matters to identify acts which could be repealed in the context of the expiry of the transitional period set out in the Treaties.
A close scrutiny of all pending proposals before the legislator has resulted in the identification of further proposals which are either outdated or without support by the legislator and should therefore be suggested for withdrawal . These include proposals on investor compensation schemes, aviation security charges, pregnant workers, a compensation fund for oil pollution damage and exempting micro companies from certain food hygiene provisions, even though the latter would have brought significant benefits for smaller businesses.
In other key areas where wider policy reviews are in preparation such as the Digital Single Market , it will be important to identify the remaining barriers and assess the regulatory framework for costs and simplification potential.
The Commission considers that a continued effort is needed at EU, Member State and stakeholder levels to further facilitate the implementation of legislation on chemicals , notably REACH, and to reflect on specific areas where rules can be simplified and burdens reduced.
Horizontal actions : the Commission is determined to further strengthen its horizontal regulatory tools – impact assessment, evaluation and stakeholder consultations and other horizontal actions, notably by putting more emphasis on the assessment of costs and benefits of regulation and the reduction of administrative obligations, such as reporting requirements .
Conclusions drawn from the experience : the Commission has drawn several lessons can be drawn from the experience in implementing REFIT thus far.
(1) smart regulation and regulatory fitness require a firm political commitment and related adjustment of policies and processes at all levels - within the Commission, between the European institutions and within the Member States;
(2) there is a need for scrutiny of the regulatory processes. The Impact Assessment Board has provided an essential quality control function;
(3) experience shows that quantification – looking at costs and benefits - is a necessary part of regulatory assessment;
(4) transition costs of legislative changes have to be carefully weighed against the costs of inaction;
(5) the detection of unnecessary burden and cost by those directly affected by legislation can be an important complement to quantitative assessment. Consultation and debate are therefore essential in this regard.
Taking these observations into account, and looking to the future, the Commission will continue to give priority to and keep up the momentum on regulatory fitness . It will continue to focus on areas of significant EU value added respecting the principles of subsidiarity and proportionality.
The Commission will continue to work closely with Parliament and Council to ensure that benefits in simplification and burden reduction are confirmed in the legislative process. It invites input, data and evidence from social partners and stakeholders on the state of play and outlook on REFIT presented in this Communication.
Documents
- Commission response to text adopted in plenary: SP(2016)484
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament: T8-0104/2016
- Committee report tabled for plenary: A8-0208/2015
- Committee opinion: PE549.312
- Amendments tabled in committee: PE554.972
- Committee opinion: PE546.616
- Committee draft report: PE551.792
- Committee opinion: PE541.631
- Debate in Council: 3353
- Contribution: COM(2014)0368
- Non-legislative basic document published: EUR-Lex
- Non-legislative basic document published: COM(2014)0368
- Committee opinion: PE541.631
- Committee draft report: PE551.792
- Committee opinion: PE546.616
- Amendments tabled in committee: PE554.972
- Committee opinion: PE549.312
- Commission response to text adopted in plenary: SP(2016)484
- Contribution: COM(2014)0368
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Votes
A8-0208/2015 - Sylvia-Yvonne Kaufmann - Résolution #
Amendments | Dossier |
554 |
2014/2150(INI)
2014/12/11
IMCO
69 amendments...
Amendment 1 #
Draft opinion Paragraph -1 (new) -1. Welcomes the REFIT Communication and the continued commitment shown by the Commission towards the better law- making agenda; underlines that the work foreseen in the REFIT Communication should be seen as an ongoing process, ensuring that the legislation in force at European level is fit for purpose, achieving the shared objective of the legislators and meeting the expectations of citizens, businesses and other stakeholders;
Amendment 10 #
Draft opinion Paragraph 1 d (new) 1d. Insists that the next Commission should establish a European objective of a 30% reduction in the costs to SMEs generated by administrative and compliance costs and regulatory burdens by 2020;
Amendment 11 #
Draft opinion Paragraph 2 2. Reiterates that SMEs need careful consideration in EU legislation; calls on the Commission, with a view to providing evidence on the added value of EU action and its costs and benefits, to include a mandatory SME test in the revised impact assessment guidelines; notes that in 2011 the Commission committed to lighter regulatory regimes for SMEs; strongly encourages the Commission to build on the progress it has made in this area by continuing to cut the cost of legislation for micro-enterprises and extending these efforts to cover all SMEs as a starting position, to be rebutted by evidence where appropriate;
Amendment 12 #
Draft opinion Paragraph 2 2. Reiterates that SMEs need careful consideration in EU legislation; calls on the Commission, with a view to providing evidence on the added value of EU action and its costs and benefits, to include a mandatory SME test in the revised impact assessment guidelines; reminds of the Lisbon Treaty horizontal social and environmental clauses (Art. 9 and 11 TFEU) which have to be taken into account in defining and implementing the Union's policies and activities and require an in-depth analysis of the social and environmental impact of any proposed legislation;
Amendment 13 #
Draft opinion Paragraph 2 2. Reiterates that SMEs need careful consideration in EU legislation; calls on the Commission, with a view to providing evidence on the added value of EU action and its costs and benefits, to include a mandatory SME test in the revised impact assessment guidelines; reminds the Commission that in the Small Business Act, it has made a commitment to implement the 'think small first' principle in its policy-making and considers that there is an important margin of progress still to be completed;
Amendment 14 #
Draft opinion Paragraph 2 2. Reiterates that SMEs need careful consideration in EU legislation; calls on the Commission, with a view to providing evidence on the added value of EU action and its costs and benefits, to recognise the importance of the "think small first principle" includ
Amendment 15 #
Draft opinion Paragraph 2 2. Reiterates that SMEs need careful consideration in EU legislation; calls on the Commission, with a view to providing evidence on the added value of EU action and its costs and benefits, to include a
Amendment 16 #
Draft opinion Paragraph 2 2. Reiterates that SMEs need careful consideration in EU legislation, and draws attention to recommendations made in its resolution of 27 November 2014 on this matter (2014/2967(RSP)); calls on the Commission, with a view to providing evidence on the added value of EU action and its costs and benefits, to include a mandatory SME test in the revised impact assessment guidelines;
Amendment 17 #
Draft opinion Paragraph 2 a (new) 2a. Notes that the European Parliament's position in the Resolution of 17 April 2014 on the 'top ten' consultation process and lightening the burden of EU regulation on SMEs was to reduce burdens of employment legislation and to fundamentally overhaul the Working Time Directive as it is inflexible for micro-enterprises and SMEs; also notes that the European Parliament adopted the position in the same resolution to recommend that low-risk companies should not be required to keep written health and safety assessments, in order to reduce the burdens of health and safety legislation;
Amendment 18 #
Draft opinion Paragraph 3 3. Notes that up to a third of the administrative burden related to EU legislation stems from national implementing measures, and reiterates the importance of ensuring the swift and consistent transposition, implementation and enforcement of legislation, alongside the proposed simplification
Amendment 19 #
Draft opinion Paragraph 3 3. Notes that up to a third of the administrative burden related to EU
Amendment 2 #
Draft opinion Paragraph 1 1. Considers that, where the need for action at EU level has been clearly identified, it should be carefully assessed which legislative instrument (regulation or directive) is best suited for reaching the intended political goal; considers that a set of indicators to identify the full compliance costs of a new legislative act should be applied in order to better assess its impact; underlines that such indicators must be based on clear, comprehensive and multi- dimensional criteria, including social and environmental criteria, in order to properly assess the need and modalities for action at EU level;
Amendment 20 #
Draft opinion Paragraph 3 3. Notes that up to a third of the administrative burden related to EU legislation stems from national implementing measures, and reiterates the importance of ensuring the swift and consistent transposition, implementation and enforcement of legislation, alongside the proposed simplification
Amendment 21 #
Draft opinion Paragraph 3 3. Notes that up to a third of the administrative burden related to EU legislation stems from national implementing measures, and reiterates the
Amendment 22 #
Draft opinion Paragraph 3 a (new) 3a. Is of the opinion that optional legislation, also known as 29th regimes, does not contribute to the efforts made in the REFIT exercise, as it creates uncertainty and adds to the complexity of legal frameworks, as is the case with the current proposals for a Common Consolidated Corporate Tax Base and for a Common European Sales Law;
Amendment 23 #
Draft opinion Paragraph 4 4.
Amendment 24 #
Draft opinion Paragraph 4 a (new) 4a. Endorses the Commission’s intention of improving evaluations as a central aspect of intelligent legislation; points out that evaluations provide reliable information about the actual impact of laws on their addressees and in this connection calls for the formal and comprehensive participation of the addressees’ stakeholders in the evaluation procedure;
Amendment 25 #
Draft opinion Paragraph 4 a (new) 4a. Calls on the Commission to take into account the short and long term effects of regulation; considers that long-term benefits of regulatory action are often more difficult to quantify in monetary terms (for example, reducing health impairments or maintaining eco-systems), whereas the emphasis on quantification introduces a structural bias in favour of more easily quantifiable aspects such as costs to economic operators as compared to social and environmental benefits, thus failing to adequately consider societal costs and benefits as a whole;
Amendment 26 #
Draft opinion Paragraph 4 a (new) 4a. Points out that smart regulation and regulatory fitness must be based on impact assessments, assessments of existing policies (' fitness checks') and competitiveness proofing tests;
Amendment 27 #
Draft opinion Paragraph 5 5. Calls for the renegotiation and updating of the Interinstitutional Agreement on Better Lawmaking, in order to take account of the Treaty of Lisbon and the framework agreement between Parliament and the Commission and develop and consolidate best practice in areas such as legislative planning, impact assessments, systematic ex-post evaluations of EU legal provisions, implementation and the handling of delegated and implementing acts;
Amendment 28 #
Draft opinion Paragraph 5 a (new) 5a. Calls on the Commission to introduce a methodology for quantitative targets for the reduction of administrative burden at European level; notes the positive experiences in some Member States of setting net reduction targets with the aim to lower compliance costs; asks that this methodology be discussed at the High Level Group on Administrative Burdens and taken into account in future impact assessments when accepted;
Amendment 29 #
Draft opinion Paragraph 5 a (new) 5a. Stresses that the work of regulatory simplification (REFIT) cannot be taken as a pretext for lowering the level of ambition on issues of vital importance to the safety and wellbeing of employees, or on the protection of the environment; calls against the promotion of a deregulation agenda with the excuse of Better Regulation or of reducing burdens to SMEs; calls on the Commission not to lower its level of ambition and calls for public policy objectives including environmental, social and health and safety standards not to be jeopardised;
Amendment 3 #
Draft opinion Paragraph 1 1. Considers that, where the need for action at EU level has been clearly identified, it should be carefully assessed which legislative instrument (regulation or directive) is best suited for reaching the intended political goal; considers that a set of indicators to identify the full compliance costs of a new legislative act should be applied in order to better assess its impact; underlines in this regard that the quality of legislation is the appropriate benchmark, as opposed to the number of legislative acts, and that the REFIT programme should not be used to undermine social, labour, environmental and consumer standards;
Amendment 30 #
Draft opinion Paragraph 6 6. Calls for
Amendment 31 #
Draft opinion Paragraph 6 6. Calls for businesses and stakeholders to be more closely involved with checks on subsidiarity
Amendment 32 #
Draft opinion Paragraph 6 6.
Amendment 33 #
Draft opinion Paragraph 6 6. Calls for businesses and stakeholders to be more closely involved with subsidiarity checks, administrative burden assessment, and the monitoring of the implementation of EU legislation at national level;
Amendment 34 #
Draft opinion Paragraph 6 6. Calls for businesses
Amendment 35 #
Draft opinion Paragraph 6 6. Calls for
Amendment 36 #
Draft opinion Paragraph 6 6. Calls for
Amendment 37 #
Draft opinion Paragraph 6 a (new) 6a. Believes that an unbalanced or incomplete impact assessment or the lack of an impact assessment must be considered as grounds for the potential removal or revision of current Union legislation under the REFIT programme;
Amendment 38 #
Draft opinion Paragraph 6 a (new) 6a. Recalls its previous requests for a more detailed examination of the problems national parliaments encounter in order to monitor subsidiarity; believes that it would also be desirable to explore moves to strengthen this mechanism which, perhaps in the context of future Treaty revision, could give more rights to national parliaments, for example by introducing a 'red card' system; suggests that in such a review consideration could be given to the appropriate number of national parliament responses required to trigger such a procedure, whether it should be limited to subsidiarity grounds, and what its effect should be, with particular reference to recent experiences of the 'yellow card' procedure;
Amendment 39 #
Draft opinion Paragraph 6 a (new) 6a. Refers to the European Parliament resolution of 27 November 2014 on the revision of the Commission’s impact assessment guidelines and the role of the SME test in which it calls on the Commission to establish the High Level Group of stakeholders and national experts as an independent better regulation advisory body;
Amendment 4 #
Draft opinion Paragraph 1 1. Considers that, where the need for action at EU level has been clearly identified and respects the principles of subsidiarity and proportionality, it should be carefully assessed wh
Amendment 40 #
Draft opinion Paragraph 6 a (new) 6a. Calls on the Commission to establish a "European Stakeholder Forum" on better regulation and less bureaucracy consisting of representatives from the social partners, consumer organisations and the business community with a quantitative goal of reducing administrative burdens by 25 % by 2020; stresses the need for a bottom-up approach to deregulation and regulatory fitness and that the "European Stakeholder Forum" must have direct access to put forward proposals to the Commission through The High Level Group and the responsible Vice- President; stresses that proposals put forward by the "European Stakeholder Forum" must be followed by the principle of "comply or explain";
Amendment 41 #
Draft opinion Paragraph 7 7. Calls on the Commission to ensure that
Amendment 42 #
Draft opinion Paragraph 7 7. Calls on the Commission to ensure that consultations with stakeholders are transparent and timely and their output is analysed both quantitatively and qualitatively to ensure that minority views are also duly taken into account; considers that feedback could already be given on draft impact assessments to the Impact Assessment Board, at the stage preceding the final legislative proposal and assessment; is of the opinion that public consultations via the Commission´s website cannot replace direct consultation with representatives from stakeholders, as the website is simply not known enough to be representative or balanced;
Amendment 43 #
Draft opinion Paragraph 7 7. Calls on the Commission to ensure that consultations with stakeholders are transparent and timely and their output is analysed both quantitatively and qualitatively to ensure that minority views are also duly taken into account; considers
Amendment 44 #
Draft opinion Paragraph 7 7. Calls on the Commission to ensure that consultations with stakeholders are transparent and timely and their output is analysed both quantitatively and qualitatively to ensure that minority views are also duly taken into account; considers that feedback could already be given on draft impact assessments to the Impact Assessment Board, at the stage preceding the final legislative proposal and
Amendment 45 #
Draft opinion Paragraph 7 7. Calls on the Commission to ensure that consultations with stakeholders undertaken by means of dialogue with, in particular, social partners and professional organisations are transparent and timely and their output is analysed both quantitatively and qualitatively to ensure that minority views are also duly taken into account; considers that feedback could already be given on draft impact assessments to the Impact Assessment Board, at the stage preceding the final legislative proposal and assessment;
Amendment 46 #
Draft opinion Paragraph 7 7. Calls on the Commission to ensure that consultations with stakeholders are transparent and timely and their output is analysed both quantitatively and qualitatively to ensure that minority views are also duly taken into account;
Amendment 47 #
Draft opinion Paragraph 7 7. Calls on the Commission to ensure that consultations
Amendment 48 #
Draft opinion Paragraph 7 a (new) 7a. Calls on the Commission to introduce quantitative quality indicators for the different sectors in its annual publication of a REFIT scoreboard, so that it will be possible to indicate if any progress and savings have been achieved at European and national level; implies that these quantitative quality indicators should not be looked at in isolation, but should instead form part of a comprehensive regular quality impact assessment taking into account the interests of all stakeholders involved, an in particular of consumers, creditors and employees;
Amendment 49 #
Draft opinion Paragraph 7 a (new) 7a. Calls on Commission to frame and link the REFIT exercise in the broader context of the definition and implementation of the Commission work programme and key priorities;
Amendment 5 #
Draft opinion Paragraph 1 1. Considers that, where the need for action at EU level has been clearly identified, it should be carefully assessed which legislative instrument (regulation or directive) is best suited for reaching the intended political goal, emphasising European added-value and respect for the subsidiarity principle; considers that a set of indicators to identify the full compliance costs of a new legislative act should be applied in order to better assess its impact;
Amendment 50 #
Draft opinion Paragraph 7 a (new) 7a. Urges the Commission to increase its consultation, both public and private, with all stakeholders, including consumers, when preparing implementing and delegated acts with a view to considering how better to increase awareness of proposals at a provisional stage; believes firmly that such efforts to increase their input before finalising recommendations will lead to better legislation; welcomes in this regard possible initiatives to compare processes for consulting on provisional rules or standards with those used in other jurisdictions in order to develop best practice;
Amendment 51 #
Draft opinion Paragraph 7 a (new) 7a. Expresses its concerns about the Commission’s draft revised impact assessment guidelines which were published for consultation purposes; calls on the Commission to maintain the SME test as a dedicated part of impact assessment; underlines that the Impact Assessment Board should be strengthened so that it plays an even greater role in ensuring the independence and quality of Commission impact assessments;
Amendment 52 #
Draft opinion Paragraph 7 b (new) 7b. Calls on the European Commission to facilitate dialogue on regulatory fitness with citizens, Member States, business and civil society at large so to ensure that quality legislation and social aspects of the Single Market are preserved and that one ideal does not progress at the expense of the other;
Amendment 53 #
Draft opinion Paragraph 7 b (new) 7b. Stresses that REFIT, in particular in the context of the Commission work program, cannot be taken as a pretext for lowering the level of ambition on issues of vital importance to the safety and wellbeing of employees, or on the protection of the environment; calls against the promotion of a deregulation agenda with the excuse of Better Regulation or of reducing burdens to SMEs; calls on the Commission not to lower its level of ambition and calls for public policy objectives including consumer, environmental, social and health and safety standards not to be jeopardised;
Amendment 54 #
Draft opinion Paragraph 7 b (new) 7b. Points out that the Commission's proposals should not be adopted by the College of Commissioners before the Impact Assessment Board has found that the corresponding impact assessment has been carried out in a satisfactory manner within the Commission;
Amendment 55 #
Draft opinion Paragraph 8 8. Considers that stakeholders, local and regional authorities and Member States should be more closely involved in identifying implementation difficulties at local, regional and national level and should provide feedback to the Commission; calls for the use of indicators for measuring compliance costs as well as the costs of non-regulation (along the lines of the ‘Cost of non-
Amendment 56 #
Draft opinion Paragraph 8 8. Considers that stakeholders and Member States should be more closely involved in
Amendment 57 #
Draft opinion Paragraph 8 8. Considers that stakeholders and Member States should be more closely involved in identifying specific implementation difficulties at national level and should provide feedback to the Commission; calls for the use of indicators for measuring full compliance costs as well as the
Amendment 58 #
Draft opinion Paragraph 8 a (new) 8a. Calls on the Commission to introduce a methodology for quantitative targets for the reduction of administrative burden at European level; notes the positive experiences in some Member States of setting net reduction targets with the aim to lower compliance costs; asks that this methodology be discussed at the High Level Group on Administrative Burdens and taken into account in future impact assessments when accepted;
Amendment 59 #
Draft opinion Paragraph 8 a (new) 8a. Considers that the adequate use of REFIT is relevant for consumers and citizens not only in terms of carefully assessed legislation aiming at informing, protecting and boosting their confidence in the Single Market, but also in terms of implementation and enforcement; considers that measuring tangible benefits for consumers brought about by EU legislation is an effective manner to assess EU regulatory activity; considers, furthermore, that empowering consumer with EU wide redress mechanism would foster effective enforcement of and compliance with EU legislation within the Single Market, notably from the competition and market access point of view;
Amendment 6 #
Draft opinion Paragraph 1 1. Considers that, where the need for action at EU level has been clearly identified in the best interest of the Member States, it should be carefully assessed which legislative instrument (regulation or
Amendment 60 #
Draft opinion Paragraph 8 a (new) 8a. Calls for partnership agreements for the implementation of EU legislation to be drawn up, on a voluntary basis, between the Member States and the Commission, involving local and regional authorities where appropriate;
Amendment 61 #
Draft opinion Paragraph 8 b (new) 8b. Believes that the assessment of REFIT and further efforts on better regulation should follow the shift towards digitalisation of economy, society and public administration; believes that an extensive use of the tool and the use of Fitness checks could also be undertaken with a view to assess coherence and consistency of regulatory areas within the broader framework of the DSM;
Amendment 62 #
Draft opinion Paragraph 8 b (new) 8b. Stresses the need to ensure the effectiveness of inspections and of the supervision of EU legislation at Member State level; encourages, in this regard, the streamlining of national inspection capacities, the strengthening of peer review and of the exchange of best practice between the Member States, and the development of inspection-assistance capacity at EU level, which can become operational at the request of the Member States concerned in accordance with a cost-benefit approach;
Amendment 63 #
Draft opinion Paragraph 9 9. Welcomes the prospective drafting of internal guidelines for improving the quality of consultations and their evaluation; believes that as regards the complexity of
Amendment 64 #
Draft opinion Paragraph 9 a (new) 9a. Recalls that Commission Bieńkowska, during her confirmation hearing, commit the Commission to consider the withdrawal of any proposal when Members find that an impact assessment is flawed or elements have not been considered correctly; calls on the Commission to confirm in writing that this is the policy of the whole of the College of Commissioners;
Amendment 65 #
Draft opinion Paragraph 9 b (new) 9b. Notes the importance of Multilevel governance and that stakeholders most often face administration burdens at the local and regional level; with regards to this fact, believes that a Multilevel governance test should be included in further guidelines in order to limit this burden;
Amendment 66 #
Draft opinion Paragraph 10 10. Stresses the need to improve EU communication policy with regard to EU legislation so that it is easier for people to understand and accept; Calls on the Commission to further develop the Your Europe Portal in cooperation with the Member States, in order to give SMEs easy access to practical information on relevant EU rules and their application in Member States in a multilingual format;
Amendment 67 #
Draft opinion Paragraph 10 10. Calls on the Commission to further develop the Your Europe Portal in cooperation with the Member States, in order to give SMEs easy access to practical information on upcoming consultation, relevant EU rules and their application in Member States in a multilingual format;
Amendment 68 #
Draft opinion Paragraph 10 a (new) 10a. Calls on the Commission to focus on ex-post evaluation to verify whether the expected results of EU regulation are attained; considers that there is a need for a qualitative assessment of implementation and enforcement which goes together with the idea of meaningful Single Market governance;
Amendment 69 #
Draft opinion Paragraph 11 a (new) 11a. Considers it inappropriate to introduce blanket exemptions from legislation for SMEs; takes the view that proposals which permit the option of lighter regimes and exemptions should be assessed on a case-by-case basis;
Amendment 7 #
Draft opinion Paragraph 1 a (new) 1a. Calls on the Commission and Member States to be more rigorous in assessing the impact of future and existing regulation on SMEs and competitiveness in general; believes that the assessment of an impact on competitiveness should form a significant part of the impact assessment process; considers that the draft revised guidelines should contain direction on how impacts on competitiveness should be assessed and weighed in the final analysis; supports a standing presumption that proposals with a negative impact on competitiveness should be rejected, unless evidence supporting significant unquantifiable benefits is presented;
Amendment 8 #
Draft opinion Paragraph 1 b (new) 1b. Expresses disappointment that the measures identified for review in the scoreboard accompanying the Communication are far from new, but rather represent a catalogue of measures which the Commission were obliged to follow due to expiring review clauses in previously adopted legislation; expects a more ambitious approach from the new Commission to the objectives contained in the REFIT Communication, in particular to tackle the tough questions such as those highlighted in the TOP TEN Consultation with SMEs;
Amendment 9 #
Draft opinion Paragraph 1 c (new) 1c. Considers that the concept of the scoreboards should be revised and should instead comprise two documents, one outlining a work plan, and a second, new document which details the progress made by the Commission expressed in a quantitative fashion; calls for this document to form the basis of an annual statement of new costs to business, an easily understood statement or ledger of 'debits and credits' in terms of the administrative and regulatory impact from proposals adopted in the previous legislative year which would be much more useful, and would show that the Commission understands that the cumulative cost of regulation is often the problem;
source: 544.339
2015/02/05
ENVI
81 amendments...
Amendment 1 #
Draft opinion Paragraph 1 1. Welcomes the Commission’s commitment to a simple, clear, harmonised and predictable regulatory framework expressed in the REFIT programme;
Amendment 10 #
Draft opinion Paragraph 3 3. Agrees in principle with the aim of cutting red tape and removing unnecessary regulatory burdens; expresses, however, its concern about potential deregulation
Amendment 11 #
Draft opinion Paragraph 3 3. Agrees
Amendment 12 #
Draft opinion Paragraph 3 3. Agrees in principle with the aim of cutting red tape and removing unnecessary regulatory burdens, provided that this is done in such a way that, while a high standard of protection of health and the environment is achieved, the competitiveness of European industry is preserved;
Amendment 13 #
Draft opinion Paragraph 3 3. Agrees
Amendment 14 #
Draft opinion Paragraph 3 3. Agrees in principle with the aim of cutting red tape and removing unnecessary regulatory burdens; expresses, however, its concern about potential deregulation, in particular in the fields of the environment, food safety and health, under the guise of ‘cutting red tape’; is concerned about the risk of deregulation associated with the TTIP negotiations and the dangers that this treaty poses to the stringency of applicable standards in the EU;
Amendment 15 #
Draft opinion Paragraph 3 3. Agrees
Amendment 16 #
Draft opinion Paragraph 3 3. Agrees in principle with the aim of cutting red tape and removing unnecessary regulatory burdens;
Amendment 17 #
Draft opinion Paragraph 3 3. Agrees in principle with the aim of cutting red tape and removing unnecessary regulatory burdens; expresses, however, its concern about potential deregulation, in particular in the fields of the environment, food safety and health, under the guise of ‘cutting red tape’; urges the Commission to take the benefits environmental legislation has on citizens, the economy and the environment fully into account when assessing the administrative burdens of regulations;
Amendment 18 #
Draft opinion Paragraph 3 3. Agrees in principle with the aim of cutting red tape and removing unnecessary regulatory burdens; expresses, however, its concern about potential deregulation, in particular in the fields of the environment, food safety and health, under the guise of ‘cutting red tape’; calls on the Commission not to lower its level of ambition and calls for public policy objectives, including environmental and health standards, not to be jeopardised;
Amendment 19 #
Draft opinion Paragraph 3 a (new) 3a. Underlines that simpler, smarter regulation leads to consistent transposition and more effective and uniform enforcement by Member States;
Amendment 2 #
Draft opinion Paragraph 1 1.
Amendment 20 #
Draft opinion Paragraph 3 a (new) 3a. Stresses that certain administrative burdens are necessary if the objectives of the legislation and the required level of protection are to be complied with appropriately, in particular with regard to the environment and protection of public health, sectors in which information requirements must be maintained;
Amendment 21 #
Draft opinion Paragraph 3 a (new) 3a. Highlights the consistently strong support expressed by European citizens for EU action on the environment; stresses that the work of regulatory simplification (REFIT) in particular in the context of the Commission work programme, must not be taken as a pretext for lowering the level of ambition on issues of vital importance to the protection of the environment;
Amendment 22 #
Draft opinion Paragraph 3 a (new) 3a. Is concerned that REFIT takes an unbalanced view of regulation as 'administrative burden', insufficiently acknowledging the positive aspects of regulation;
Amendment 23 #
Draft opinion Paragraph 3 b (new) 3b. Believes, to that end, that the Commission should publish provisional impact assessments, in particular to accompany a public consultation, setting out the full range of impacts that the options proposed could have;
Amendment 24 #
Draft opinion Paragraph 3 b (new) 3b. Recalls that four Members of the High Level Group on Administrative Burden, those representing the views of workers, public health, the environment and consumers, adopted a dissenting opinion with regard to the Final Report of the High Level Group of 24 July 20141a; ____________ 1ahttp://www.eeb.org/EEB/?LinkServID=9 3589C92-5056-B741- DBB964D531862603
Amendment 25 #
Draft opinion Paragraph 3 b (new) 3b. Points out that 32 % of administrative burdens of EU origin are the result of the decision of some Member States to go beyond what is required by EU legislation and of the inefficiency in their administrative procedures1a . It is therefore vital to avoid ‘gold-plating’, that is, when transposing EU directives, introducing further requirements and burdens over and above those laid down by EU law. ‘Gold-plating’ increases complexity and the costs which have to be borne by local and regional authorities and public and private companies. An EU-wide definition of ‘gold-plating’ is required, to ensure certainty in the application of EU law and to be able to judge those countries which deny ‘gold- plating’; ______________ 1a COM(2009)544, paragraph 2, p. 6.
Amendment 26 #
Draft opinion Paragraph 3 c (new) 3c. Reminds the Commission, further, of Parliament's requests that the independence of the Impact Assessment Board (IAB) be strengthened, and in particular that members of the IAB must not be subject to political control; considers that the IAB should be composed only of appropriately qualified people who are competent to assess the analysis presented as regards relevant economic, social and environmental impacts;
Amendment 27 #
Draft opinion Paragraph 3 c (new) 3c. Opposes the setting of a net target for reducing regulatory costs, as this unnecessarily reduces the range of instruments available for addressing new or unresolved issues, and ignores the corresponding benefits of regulation;
Amendment 28 #
Draft opinion Paragraph 3 c (new) 3c. Stresses that a survey of unnecessary burdens and costs by those who are subject to them can be a vital complement to the cost–benefit analysis. That is why consultations and public debate are essential and should be strengthened by the Commission;
Amendment 29 #
Draft opinion Paragraph 3 d (new) 3d. Opposes the concept of offsetting new regulatory 'burdens' by removing existing 'burdens'; if an existing rule creates an unnecessary burden or is outdated, it should be removed; if it is serving a useful purpose where the benefits outweigh the burden, it should not be removed, just because a new measure has been taken elsewhere;
Amendment 3 #
Draft opinion Paragraph 1 1. Welcomes the Commission
Amendment 30 #
Draft opinion Paragraph 3 d (new) 3d. Points out that a cost-benefit analysis should be carried out wherever possible, but is not an exact science, as the necessary data cannot always be collected and/or processed. Stresses, moreover, that every change has a cost, even though transition costs are often not taken into due consideration. They should be carefully assessed and compared to the costs of failing to act. The legal certainty requirement also needs to be assessed, in addition to the time required to amend the legislation;
Amendment 31 #
Draft opinion Paragraph 4 4. Underlines that when evaluations and fitness checks of environmental, food safety and health legislation are carried out, the impact on the environment
Amendment 32 #
Draft opinion Paragraph 4 4. Underlines that when evaluations and fitness checks of environmental, food safety and health legislation are carried out, environmental and health considerations must be given the same weight as socioeconomic considerations;
Amendment 33 #
Draft opinion Paragraph 4 4. Underlines that when evaluations and fitness checks of environmental, food safety and health legislation are carried out, environmental and health considerations must be given at least the same weight as economic considerations;·
Amendment 34 #
Draft opinion Paragraph 4 4. Underlines that when evaluations and fitness checks of environmental, food
Amendment 35 #
Draft opinion Paragraph 4 4. Underlines that when evaluations and fitness checks of environmental, food safety and health legislation are carried out, environmental and health considerations must be given at least the same weight as economic considerations;
Amendment 36 #
Draft opinion Paragraph 4 4.
Amendment 37 #
Draft opinion Paragraph 4 4. Underlines that when evaluations and fitness checks of environmental, food safety and health legislation are carried out, environmental and health considerations
Amendment 38 #
Draft opinion Paragraph 4 4. Underlines that when evaluations and fitness checks of environmental, food safety and health legislation are carried out, qualitative environmental and health considerations must be given the same weight as quantitative economic considerations, all the more as protection of health and the environment is often difficult or even impossible to quantify, unlike business costs; underlines also that costs and benefits are considered not only for the short term, but also for the long term;
Amendment 39 #
Draft opinion Paragraph 4 a (new) 4a. Stresses that, when these evaluations and fitness checks are carried out in the case of environmental legislation, account should also be taken of the importance of a level playing field within Europe, with regulations being implemented and complied with in the same way in the various Member States;
Amendment 4 #
Draft opinion Paragraph 2 2.
Amendment 40 #
Draft opinion Paragraph 4 a (new) 4a. Highlights the importance of avoiding legislative duplication;
Amendment 41 #
Draft opinion Paragraph 4 a (new) 4a. Supports the continued improvement in impact assessments, ex-ante and ex- post, fostering evidence-based policy- making;
Amendment 42 #
Draft opinion Paragraph 4 a (new) 4a. Calls on the Commission to strengthen the effectiveness and raise the profile of the EU Pilot mechanism, which is designed to provide quick and exhaustive answers to questions from citizens and businesses on EU legislation. Stresses that most EU Pilot questions concern infringements relating to waste and to environmental impact assessment requirements, which are key areas for public health and the environment;
Amendment 43 #
Draft opinion Paragraph 4 a (new) 4a. Reiterates that the Commission has previously acknowledged that environmental standards and progressive regulation do not constitute a hindrance for the economy, but rather an advantage for economic growth and job creation;
Amendment 44 #
Draft opinion Paragraph 4 b (new) 4b. Calls on the Commission to review its evaluation guidelines, by stepping up the participation and consultation of stakeholders and using the most direct method in order to enable EU citizens to take part in decision-making;
Amendment 45 #
Draft opinion Paragraph 5 5. Emphasises that improving environmental protection creates opportunities for businesses, especially in the context of the transition towards a sustainable green economy with a focus on a more energy self-sufficient Europe;
Amendment 46 #
Draft opinion Paragraph 5 5. Emphasises that improving environmental protection creates opportunities for businesses, especially in the context of the transition towards a green economy, but that this must not increase costs for SMEs;
Amendment 47 #
Draft opinion Paragraph 5 5. Emphasises that improving regulations and investments in environmental protection creates opportunities for businesses, especially for SMEs in the context of the transition towards a green economy;
Amendment 48 #
Draft opinion Paragraph 5 5. Emphasises that improving environmental protection creates opportunities for businesses, especially in the context of the transition towards a green economy, while particularly stressing support for SMEs;
Amendment 49 #
Draft opinion Paragraph 5 5. Emphasises that
Amendment 5 #
Draft opinion Paragraph 2 2. Welcomes the first edition of the annual REFIT scoreboard that allows for the assessment of progress made in all policy areas and of each initiative identified by the Commission, including actions taken by the European Parliament and the Council; believes that the scoreboard should be complemented with an annual statement of net costs and benefits of European legislation adopted and repealed by the European Union, in order to provide a more complete assessment of the progress being made in addressing unnecessary red tape and a recognition by the Commission that often the cumulative cost of regulation is the problem for businesses;
Amendment 50 #
Draft opinion Paragraph 5 a (new) 5a. Highlights that risk management and science are the basis for environmental and health protection in EU legislation;
Amendment 51 #
Draft opinion Paragraph 5 a (new) 5a. Stresses that the ongoing fitness check of the Birds Directive (2009/147/EC) and the Habitats Directive (92/43/EEC) should take socio-economic activities around Nature 2000 areas into account as economic activities are disproportionately hampered, which might prevent new innovations that could contribute towards a more sustainable co-existence of economic activities and address ecological concerns; moreover, differences in national implementation lead to detrimental economic, social and environmental outcomes and distort an European level playing field;
Amendment 52 #
Draft opinion Paragraph 5 a (new) 5a. Underlines that the EU's environment policy has stimulated innovation and investment in environmental goods and services, generating jobs and export opportunities;
Amendment 53 #
Draft opinion Paragraph 5 b (new) 5b. Notes that the Commission is undertaking a Fitness Check of the Birds and Habitats Directives; underlines that these Directives are the cornerstone of Europe's efforts to halt the loss of biodiversity and restore degraded ecosystems and that their regulatory framework is both flexible and modern and is a framework within which business can adapt and operate successfully;
Amendment 54 #
Draft opinion Paragraph 5 c (new) 5c. Opposes in this context the opening of the operational provisions of the Birds and Habitats Directives;
Amendment 55 #
Draft opinion Paragraph 6 Amendment 56 #
Draft opinion Paragraph 6 6. Notes with astonishment and displeasure the Commission’s announcement that it intends to withdraw the proposal on the revision of waste legislation and to modify the proposal on the reduction of national emissions;
Amendment 57 #
Draft opinion Paragraph 6 6. Notes with astonishment the Commission’s announcement that it intends to withdraw the proposal on the revision of waste legislation and to modify the proposal on the reduction of national emissions; deplores the Commission’s announcement to withdraw its proposal on a reviewed energy taxation directive;
Amendment 58 #
Draft opinion Paragraph 6 6. Notes with astonishment the Commission’s announcement that it intends to withdraw the proposals on the revision of the waste legislation and of the transparency on the pricing and reimbursement of medicinal products legislation, and to modify the proposal on the reduction of national emissions;
Amendment 59 #
Draft opinion Paragraph 6 6. Notes with
Amendment 6 #
Draft opinion Paragraph 2 a (new) 2a. Welcomes the Commission’s announcement that, in reviewing existing and planned legislation, it will take account of the particular interests of micro-companies and SMEs and apply lighter regimes to such companies in the form of exemptions and simplifications;
Amendment 60 #
Draft opinion Paragraph 6 6.
Amendment 61 #
Draft opinion Paragraph 6 6.
Amendment 62 #
Draft opinion Paragraph 6 6. Notes with astonishment the Commission’s announcement that it intends to withdraw the proposal on the
Amendment 63 #
Draft opinion Paragraph 6 a (new) 6a. Calls on the Commission to take the outcome of the work of European Citizens’ Initiative ‘Right2Water’ seriously, and to ensure that its proposals are implemented to the general satisfaction of all stakeholders and, in particular, all European citizens;
Amendment 64 #
Draft opinion Paragraph 6 a (new) 6a. considers that the legitimacy of the REFIT programme hinges on separating those issues which pertain to regulatory fitness and efficiency, from the political aim of the regulation and the inherent trade-offs between stakeholders, which is the responsibility of the lawmakers; underlines, with regard to the REFIT actions foreseen in the Commission Work Programme of 2015 Annex 3 in the fields of Climate Action and Energy, Environment, Maritime Affairs and Fisheries, Health and Food Safety, and Internal Market, Industry, Entrepreneurship and SMEs, the importance of limiting the scope of those actions to simplification and that public policy objectives should not be undermined.
Amendment 65 #
Draft opinion Paragraph 6 a (new) 6a. Recalls the findings of the High Level Group on Administrative Burdens' report "Cutting Red Tape in Europe" which does not list environmental legislation among the most burdensome; urges the Commission to keep these findings in mind when considering to withdraw or withhold further environmental proposals; stresses in this regard that the same report found that environmental regulation only contributes 1% to the total amount of unnecessary administrative burden;
Amendment 66 #
Draft opinion Paragraph 6 a (new) 6a. Calls on the Commission, in view of the serious and persistent problems which arise in the implementation of Regulation (EC) No 1924/2006 on nutrition and health claims made on foods, including problems of distortion of competition, to review the scientific basis of this regulation and how useful and realistic it is, and, if appropriate, to eliminate the concept of nutrient profiles or repeal the regulation in its entirety; considers that the aims of Regulation (EC) No 1924/2006, such as ensuring that information which is provided concerning foods is true and that specific indications are given concerning fat, sugar and salt content, have now been attained by Regulation (EU) No 1169/2011 on the provision of food information to consumers;
Amendment 67 #
Draft opinion Paragraph 6 a (new) 6a. Calls on the Commission not to do stand-alone and one-sided cumulative cost assessments in addition to REFIT, as intended for example for the most relevant EU legislation and policies relevant for the European chemicals industry, and instead integrate this aspect into the general Fitness Check so as to ensure a balanced approach that also takes into consideration the benefits of the legislation concerned;
Amendment 68 #
Draft opinion Paragraph 7 7.
Amendment 69 #
Draft opinion Paragraph 7 7.
Amendment 7 #
Draft opinion Paragraph 2 b (new) 2b. Stresses the Commission’s estimate that up to one-third of administrative burden linked to EU legislation stems from national implementing measures or flexible transposition options; calls on the Commission, therefore, in reviewing the legal framework of regulations and directives, to promote a revival of the principle of the common internal market and, wherever possible, to avoid allowing scope for differing national provisions;
Amendment 70 #
Draft opinion Paragraph 7 7.
Amendment 71 #
Draft opinion Paragraph 7 a (new) 7a. Emphasises the Commission's obligation under the Framework Agreement on relations between the European Parliament and the European Commission to provide a detailed explanation in due time before withdrawing any proposals on which Parliament has already expressed a position at first reading, such as is the case for the Transparency Directive on the pricing and reimbursement of medicinal products;
Amendment 72 #
Draft opinion Paragraph 8 Amendment 73 #
Draft opinion Paragraph 8 8.
Amendment 74 #
Draft opinion Paragraph 8 8. Deplores strongly the fact that the Commission considered withdrawing its proposal for a directive on plastic bags after the conclusion of an agreement by the co-
Amendment 75 #
Draft opinion Paragraph 8 8. Deplores the fact that the Commission
Amendment 76 #
Draft opinion Paragraph 9 9. Reminds the Commission of the prerogatives of the co-legislators in the legislative procedure and urges the Commission to respect the co-legislators
Amendment 77 #
Draft opinion Paragraph 9 9. Reminds the Commission of the prerogatives of the co-legislators in the legislative procedure and
Amendment 78 #
Draft opinion Paragraph 9 a (new) 9a. Considers it inappropriate to introduce blanket exemptions from legislation for SMEs; takes the view that proposals which permit the option of lighter regimes and exemptions should be assessed on a case-by-case basis;
Amendment 79 #
Draft opinion Paragraph 9 a (new) 9a. Draws the attention of the Commission to the fact that any deprivation of Intellectual Property Rights – such as banning the use of trademarks – needs to be justified on scientific grounds also having regard to consumers' protection, that any deprivation may not be excessive or disproportionate and that trademarks need to have equal protection throughout Europe.
Amendment 8 #
Draft opinion Paragraph 3 3.
Amendment 80 #
Draft opinion Paragraph 9 a (new) 9a. Believes that where legislation is proposed in a complex and multi-faceted field, a second stage of consultation should be envisaged whereby a draft legislative act is published, accompanied by a provisional impact assessment, for comment by all relevant stakeholders; considers that this second stage would introduce further rigour into the Commission's analysis and strengthen the case for any proposal adopted following this process;
Amendment 81 #
Draft opinion Paragraph 9 a (new) 9a. Calls on the Commission to extend the mandate of the High Level Group, which expired on 31 October 2014, ensuring that its members are immune from any kind of conflict of interest and that an MEP from the Committee on Legal Affairs also joins the group;
Amendment 9 #
Draft opinion Paragraph 3 3. Agrees
source: 549.141
2015/03/30
EMPL
161 amendments...
Amendment 1 #
Draft opinion Paragraph 1 Amendment 10 #
Draft opinion Paragraph 1 1. Recognises that REFIT represents a first step towards
Amendment 100 #
Draft opinion Paragraph 6 6. Calls for further measures to
Amendment 101 #
Draft opinion Paragraph 6 6. Calls for
Amendment 102 #
Draft opinion Paragraph 6 6. Calls for further measures to check that legislation is doing what it was intended to do and to identify areas where
Amendment 103 #
Draft opinion Paragraph 6 6. Calls for
Amendment 104 #
Draft opinion Paragraph 6 6.
Amendment 105 #
Draft opinion Paragraph 6 6. Calls for further measures such as carrying out independent impact assessments throughout the legislative process, further strengthening the independence, objectivity and neutrality of impact assessments and the SME-test, further facilitating citizens participation in the EUs legislative process, ensuring the adaptability of legislators and increasing transparency of inter- institutional negotiations as well as monitoring the transposition of the EU- legislation into national laws by including national gold-plating in the EU Regulatory Scoreboard to check that legislation is doing what it was intended to do and to identify areas where there are inconsistencies and ineffective measures;
Amendment 106 #
Draft opinion Paragraph 6 6. Calls for improved regulatory impact assessment and greater transparency with regard to the extent to which draft laws take account of comments submitted during consultations by the people who will be affected by those laws, along with further measures to check that legislation is doing what it was intended to do and to identify areas where there are inconsistencies and ineffective measures ;
Amendment 107 #
Draft opinion Paragraph 6 6. Calls for further measures to check that legislation is doing what it was intended to do and to identify areas where there are inconsistencies and ineffective measures; calls also for impact assessments to take account of the social and environmental impact, as well as the economic impact;
Amendment 108 #
Draft opinion Paragraph 6 6. Calls for further measures to check that legislation is doing what it was intended to do and to identify areas where there are inconsistencies and ineffective measures; calls furthermore, as part of the lawmaking process, for particular attention to be paid in this connection to consequences for cross-border regions;
Amendment 109 #
Draft opinion Paragraph 6 6. Calls for further measures to check that legislation is doing what it was intended to do and to identify areas where there are inconsistencies and ineffective measures; as a consequence legislation needs to be better enforced;
Amendment 11 #
Draft opinion Paragraph 1 a (new) 1a. Calls for REFIT to focus less on reducing regulation and concentrate on quality legislation and its ability to protect and promote the interests of EU citizens. Impact assessments should also evaluate the social and environmental consequences of non-legislation and its impact on the fundamental rights of citizens at EU level. Financial cost-benefit analysis should not be the only criteria applied. When fitness checks are carried out, fundamental rights and employment and health and safety considerations should be given the same weight as financial considerations, and when there is conflict, fundamental rights must take precedence;
Amendment 110 #
Draft opinion Paragraph 7 Amendment 111 #
Draft opinion Paragraph 7 Amendment 112 #
Draft opinion Paragraph 7 Amendment 113 #
Draft opinion Paragraph 7 7. Urges the Commission to continue to improve the legislative cycle
Amendment 114 #
Draft opinion Paragraph 7 7. Urges the Commission to continue to improve the legislative cycle and to
Amendment 115 #
Draft opinion Paragraph 7 7. Urges the Commission to continue to improve the legislative cycle and
Amendment 116 #
Draft opinion Paragraph 7 7. Urges the Commission to continue to improve the legislative cycle and
Amendment 117 #
Draft opinion Paragraph 7 7. Urges the Commission to continue to improve the legislative cycle and to
Amendment 118 #
Draft opinion Paragraph 7 7. Urges the Commission to continue to improve the legislative
Amendment 119 #
Draft opinion Paragraph 7 7. Urges the Commission and co- legislators to continue to improve the legislative cycle and to introduce sunset clauses when justified and useful in concrete cases to ensure that employment legislation is periodically reviewed;
Amendment 12 #
Draft opinion Paragraph 1 a (new) 1a. Recalls that four Members of the High Level Group on Administrative Burden, those representing the views of workers, public health, the environment and consumers, adopted a dissenting opinion with regard to the Final Report of the High Level Group of 24 July 20141; 1 http://www.eeb.org/EEB/?LinkServID=93589C92 -5056-B741-DBB964D531862603
Amendment 120 #
Draft opinion Paragraph 7 a (new) 7a. Warns against the implementation of sunset clauses in legislation as they risk to create legal uncertainty and legislative discontinuity;
Amendment 121 #
Draft opinion Paragraph 7 a (new) 7a. Believes that better regulation principles should apply to decisions on secondary legislation as well as primary legislation; calls on the Commission to take appropriate steps to ensure all implementing and delegated acts in the area of employment and social affairs are open for wider scrutiny in a simple, clear and transparent manner;
Amendment 122 #
Draft opinion Paragraph 7 a (new) 7a. Opposes the setting of a net target for reducing regulatory costs, as this ignores the aim pursued by regulation and its corresponding benefits;
Amendment 123 #
Draft opinion Paragraph 8 Amendment 124 #
Draft opinion Paragraph 8 Amendment 125 #
Draft opinion Paragraph 8 Amendment 126 #
Draft opinion Paragraph 8 Amendment 127 #
Draft opinion Paragraph 8 8. Calls on the Commission
Amendment 128 #
Draft opinion Paragraph 8 8. Calls on the Commission to prioritise action in the field
Amendment 129 #
Draft opinion Paragraph 8 8. Calls on the Commission to prioritise action in the fields of
Amendment 13 #
Draft opinion Paragraph 1 a (new) 1a. Stresses that the improvement of regulation should be on the basis of quality, not quantity;
Amendment 130 #
Draft opinion Paragraph 8 8. Calls on the Commission
Amendment 131 #
Draft opinion Paragraph 8 8. Calls on the Commission to prioritise action in the fields
Amendment 132 #
Draft opinion Paragraph 8 8. Calls on the Commission to prioritise action in the fields of what have been identified as the ‘Top Ten’ most burdensome laws for SMEs
Amendment 133 #
Draft opinion Paragraph 8 8. Calls on the Commission to prioritise action in the fields of what have been identified as the ‘Top Ten’ most burdensome laws for SMEs, including the working time and temporary agency directives; Calls on the Commission produce its detailed impact assessment on the Working Time Directive as a matter of urgency;
Amendment 134 #
Draft opinion Paragraph 8 8. Calls on the Commission to prioritise action in the fields of what have been identified as the ‘Top Ten’ most burdensome laws for SMEs, micro- enterprises and start-ups, including the working time and temporary agency directives as well as national legislation which fragments the European Single Market;
Amendment 135 #
Draft opinion Paragraph 8 8. Calls on the Commission to prioritise action in the fields of what have been identified as the ‘Top Ten’ most burdensome laws for SMEs, including the working time and temporary agency directives; is also concerned about the threats posed by the implementation of the REACH directive on employment in European SMEs in the chemical industry; calls for balanced solutions to be found between the protection of workers and unnecessary administrative burdens for SMEs;
Amendment 136 #
Draft opinion Paragraph 8 a (new) 8a. Calls on the Commission to persist in its negotiations, at Council level, on combating late payments in commercial transactions, on company accounting requirements, on the collection of statistics, on coordination on VAT and simplification of VAT obligations, and on common rules to calculate the corporate tax base;
Amendment 137 #
Draft opinion Paragraph 8 a (new) 8a. There are no satisfactory criteria to measure "efficiency" and "costs; these terms are not adequate in terms of occupational accidents and disease. This could lead to decisions taken by administration and controllers thereby circumventing the legitimate democratic legislators;
Amendment 138 #
Draft opinion Paragraph 8 b (new) 8b. Calls on the European Parliament to systematically review Commission impact assessments and review IMPAs analysis as early as possible in the legislative process, and to call for impact assessments on its own reports.
Amendment 139 #
Draft opinion Paragraph 8 a (new) 8a. Calls on the social partners to embrace better regulation tools, to increase the use of impact assessments in their negotiations and refer agreements proposing legislative action to the Commissions Impact Assessment Board;
Amendment 14 #
Draft opinion Paragraph 1 a (new) 1a. Insists that better regulation should focus on the quality and not quantity of legislation by prioritising the aim and purpose for which obligations were put in place and make society benefitting at large;
Amendment 140 #
Draft opinion Paragraph 8 b (new) 8b. Reiterates Parliaments calls for an ambitious burden reduction target of 30% to be introduced in the costs to SMEs and microenterprises by administrative and regulatory burdens by 2020;
Amendment 141 #
Draft opinion Paragraph 8 a (new) 8a. Opposes the setting of a net target for reducing regulatory costs, as this ignores the aim pursued by regulation and its corresponding benefits;
Amendment 142 #
Draft opinion Paragraph 8 c (new) 8c. Stresses that EU directives are meant to be implemented by Member States through national legislation; underlines that according to the Commission one third of the regulatory and administrative burden of EU legislation is a result of transposition measures undertaken by the Member States which do not flow from the legislation itself (also known as gold- plating); calls on the Commission to closely monitor the implementation of directives by Member States as regards gold-plating and to consider making greater use of regulations instead of directives, in order to have more consistent legislation and minimize gold- plating;
Amendment 143 #
Draft opinion Paragraph 8 c (new) 8c. Stresses that EU directives are meant to be implemented by Member States through national legislation; underlines that according to the Commission one third of the regulatory and administrative burden of EU legislation is a result of transposition measures undertaken by the Member States which do not flow from the legislation itself (also known as gold- plating); calls on the Commission to closely monitor the implementation of directives by Member States as regards gold-plating;
Amendment 144 #
Draft opinion Paragraph 9 Amendment 145 #
Draft opinion Paragraph 9 9.
Amendment 146 #
Draft opinion Paragraph 9 9. Calls on the committee
Amendment 147 #
Draft opinion Paragraph 9 9. Calls on the committee responsible to systematically review Commission impact assessments and review IMPA
Amendment 148 #
Draft opinion Paragraph 9 9. Calls on the committee responsible to systematically review Commission impact assessments and review IMPA’s analysis as early as possible in the legislative process, and to call for impact assessments on its own reports
Amendment 149 #
Draft opinion Paragraph 9 9. Calls on the committee responsible to systematically review Commission impact assessments and review IMPA’s analysis as early as possible in the legislative process, and to call for independent impact assessments on its own reports.
Amendment 15 #
Draft opinion Paragraph 1 b (new) Amendment 150 #
Draft opinion Paragraph 9 9. Calls on the committee responsible to systematically review Commission impact assessments and review IMPA’s analysis as early as possible in the legislative
Amendment 151 #
Draft opinion Paragraph 9 – subparagraph 1 (new) In the area of public procurement, strongly supports further measures such as the promotion of smaller procurement parcels to assist SMEs and micro enterprises to compete for public procurement tenders.
Amendment 152 #
Draft opinion Paragraph 9 a (new) 9a. Stresses, however, the limitations of these impact assessments which, even if conducted for each legislative proposal, will not prevent the introduction of regulations and directives which may have a serious adverse impact on employment and social affairs in the Member States.
Amendment 153 #
Draft opinion Paragraph 9 a (new) 9a. Stresses that EU legislation sets only minimum standards which can be improved by Member States through national legislation; emphasises that the Commission focus on 'gold-plating' as a negative practice for employment legislation runs contrary to the principles of the EU Treaty, including Article 151 for the protection and improvement of living and working conditions.
Amendment 154 #
Draft opinion Paragraph 9 a (new) 9a. Stresses that REFIT can in no way provide an excuse to question or refuse to recognise collective agreements that have been independently concluded by the social partners, nor may it hamper the development of consultation and social dialogue.
Amendment 155 #
Draft opinion Paragraph 9 a (new) 9a. Calls on the Commission to set annual targets to alleviate the problem of excessive administration for SMEs such as a burden reduction target.
Amendment 156 #
Draft opinion Paragraph 9 a (new) 9a. "Simplification" and "burden reduction" are void of meaning in a situation which is ever more complex. New technologies and procedures could endanger the health of workers with requires new protection and this may be administrative burdens.
Amendment 157 #
Draft opinion Paragraph 9 b (new) 9b. Questions the balance of representation of the High Level Group of Administrative Burdens (HLG) and its recommendations (24 July 2014), rejects its recommendations and asks for recognition of the Dissenting Opinion of four members of the HLG;
Amendment 158 #
Draft opinion Paragraph 9 a (new) 9a. Reiterates the request of the European Parliament1 to establish a new High Level Group on Better Regulation, consisting of stakeholders’ representatives and national experts; this group should be visible and independent; proposes that the High Level Group should assess the administrative burden caused by legislative proposals throughout the negotiations, the cost of compliance and respect for the subsidiarity and proportionality principles; this group should also propose measures to improve regulation and supervise the implementation of EU legislation at national level. __________________ 1 European Parliament resolution of 27 November 2014 on the revision of the Commission’s impact assessment guidelines and the role of the SME test (2014/2967(RSP))
Amendment 159 #
Draft opinion Paragraph 9 a (new) 9a. Urges the Commission to better assess the social and environmental consequences, as well as the impact of its policy on the fundamental rights of citizens, by keeping in mind the cost of non-legislation at European level as well as the fact that cost-benefit analyses are only one of many criteria.
Amendment 16 #
Draft opinion Paragraph 1 a (new) 1a. Hopes, however, that the lighter EU laws proposed and applied by the Commission will not be called into question during the TTIP discussions;
Amendment 160 #
Draft opinion Paragraph 9 b (new) 9b. Is convinced that sound impact assessments constitute an important tool to support decision-making and play a significant role in better regulation; underlines, however, that such assessments cannot substitute for political assessments and decisions;
Amendment 161 #
Draft opinion Paragraph 9 c (new) 9c. Questions the conversion of the Commission's Impact Assessment Board (IAB) into a 'Regulatory Scrutiny Board' and stresses the need for transparency and independence regarding this process.
Amendment 17 #
Draft opinion Paragraph 2 Amendment 18 #
Draft opinion Paragraph 2 2.
Amendment 19 #
Draft opinion Paragraph 2 2. Supports the Commission’s commitment on cutting red tape and better regulation;
Amendment 2 #
Draft opinion Paragraph 1 Amendment 20 #
Draft opinion Paragraph 2 2. Supports in principle the Commission
Amendment 21 #
Draft opinion Paragraph 2 2. Supports the Commission’s commitment on cutting red tape
Amendment 22 #
Draft opinion Paragraph 2 2. Supports the Commission’s commitment on cutting red tape and better regulation; believes that cutting red tape
Amendment 23 #
Draft opinion Paragraph 2 2.
Amendment 24 #
Draft opinion Paragraph 2 2. Supports the Commission’s commitment on cutting red tape and better regulation; believes that
Amendment 25 #
Draft opinion Paragraph 2 2. Supports the Commission’s commitment on cutting red tape and for providing better regulation; welcomes the effort of the Juncker Commission to a strengthened Better Regulation Agenda and calls for the need for it to deliver an efficient system and actual progress; believes that cutting red tape should aim to deliver proportionate, evidence-based protection for workers, while ensuring that businesses can grow, create jobs and boost competitiveness; notes that
Amendment 26 #
Draft opinion Paragraph 2 2. Supports the Commission’s commitment on cutting red tape and better regulation; believes that cutting red tape should deliver
Amendment 27 #
Draft opinion Paragraph 2 2. Supports the Commission’s commitment on cutting red tape and better regulation; believes that cutting red tape should deliver proportionate, evidence-based protection for workers, while ensuring that businesses can grow, create jobs and boost competitiveness; calls in the process for particular attention to be paid to cutting red tape for young and start-up entrepreneurs so that they gain the confidence to be enterprising; notes that deregulation and better regulation are not mutually exclusive;
Amendment 28 #
Draft opinion Paragraph 2 a (new) 2a. Considers REFIT a first step towards reducing unnecessary regulatory burden and eliminating barriers to growth and job creation; stresses however that 'better regulation' must not be used as pretext for deregulation in order to subvert worker's or consumer's rights;
Amendment 29 #
Draft opinion Paragraph 2 b (new) 2b. Points to the horizontal clauses in Article 9 and 11 of the TFEU, which shall be taken into account when defining and implementing policies and activities at EU level; underlines the need to not only assess financial factors and short-term effects but also the long-term value of legislation, such as the reduction of adverse health effects or the preservation of ecosystems, which are often difficult to quantify; deplores that as a consequence, social and environmental benefits and costs are often not taken into account;
Amendment 3 #
Draft opinion Paragraph 1 1.
Amendment 30 #
Draft opinion Paragraph 2 c (new) 2c. Is worried, that the large number of Commission initiatives and titles regarding 'better regulation' is leading to confusion for citizens and businesses;
Amendment 31 #
Draft opinion Paragraph 2 d (new) 2d. Urges the Commission to provide clear definitions regarding REFIT related activities such as 'evaluation', 'simplification', 'consolidation' and 'targeted review' of existing legislation in order to ensure greater transparency;
Amendment 32 #
Draft opinion Paragraph 3 3.
Amendment 33 #
Draft opinion Paragraph 3 3. Welcomes efforts to
Amendment 34 #
Draft opinion Paragraph 3 3. Welcomes efforts to identify genuine opportunities for simplification of legislation; stresses the need for
Amendment 35 #
Draft opinion Paragraph 3 3. Welcomes efforts to identify genuine opportunities for simplification of legislation; stresses the need for simpler, clearly-worded rules
Amendment 36 #
Draft opinion Paragraph 3 3. Welcomes efforts to identify genuine opportunities for simplification of legislation; stresses the need for simpler, clearly-worded rules that remove complexity and can be implemented in a simple manner in order to improve compliance
Amendment 37 #
Draft opinion Paragraph 3 3. Welcomes efforts to identify genuine opportunities for simplification of legislation; stresses the need for simpler, clearly-worded rules that
Amendment 38 #
Draft opinion Paragraph 3 3. Welcomes efforts to identify genuine opportunities for simplification
Amendment 39 #
Draft opinion Paragraph 3 3. Welcomes efforts to identify genuine opportunities for simplification of legislation; stresses the need for simpler, clearly-worded rules that remove complexity and can be implemented in a simple manner in order to improve compliance, particularly in the area of health, safety and employment legislation; notes with concern, however, that four members of the High Level Group on Administrative Burdens opposed several of the Group's conclusions presented in its final report and produced a dissenting opinion; expects the Commission to take into account the concerns of all parties involved;
Amendment 4 #
Draft opinion Paragraph 1 1.
Amendment 40 #
Draft opinion Paragraph 3 3. Welcomes efforts to identify genuine opportunities for simplification of legislation; stresses the need for simpler, clearly-worded rules that remove complexity and can be implemented in a simple manner in order to improve compliance, particularly in the area of health, safety and employment legislation; underlines that social dialogue and social impact assessments in accordance with art. 9 TFEU and art. 152 TFEU shall be taken into account when defining and implementing policies at EU level;
Amendment 41 #
Draft opinion Paragraph 3 – subparagraph 1 (new) Stresses the need, moreover, to apply the ‘Think Small First’ principle, which should underpin all rules, given that around 99% of European businesses are SMEs. By adhering to this principle, European legislation should no longer cause additional administrative and regulatory burdens that all too often impede the proper functioning of our SMEs, hinder their competitiveness and restrict their capacity for innovation and job creation; European legislation should, on the contrary, be a pillar for their development, ensuring they have regulatory stability and legal certainty;
Amendment 42 #
Draft opinion Paragraph 3 a (new) 3a. Welcomes the principle ‘Think Small First’, used by the Commission, which gives priority to SMEs and their interests;
Amendment 43 #
Draft opinion Paragraph 3 a (new) 3a. Stresses the need for a bottom-up approach to better regulation; therefore calls on the Commission to establish a "European Stakeholder Forum" on better regulation and less bureaucracy with a quantitative goal of reducing administrative burdens by 20 % by 2020; emphasizes that the Forum shall consist of relevant stakeholders, including official representatives from the civil society, the social partners, consumer organizations and the business community especially SME's which represent 80 % of European job-creation, stresses that proposals from this forum should be actively considered by the Commission, and that the Commission should address the proposals in accordance with the "comply or explain principle; believes the Forum could serve as a platform for businesses or collective groups working both nationally or across Europe to submit inputs supporting the better regulation principles or contributing to achieving less bureaucracy in the regulation applying in their sector;
Amendment 44 #
Draft opinion Paragraph 3 a (new) 3a. Considers that, where the need for action at EU level in the area of employment and social affairs has been clearly identified and fully respects the principles of subsidiarity and proportionality, that a set of indicators to identify the full compliance costs as well as administrative costs of any such legislative act should be applied in order to better assess its impact;
Amendment 45 #
Draft opinion Paragraph 3 a (new) 3a. Recalls that gold-plating by the Member States can add complexity to regulation and further reduce compliance; Recommends that Member States avoid adding to the administrative burden when transposing EU legislation to national law as a complementary action to the REFIT programme;
Amendment 46 #
Draft opinion Paragraph 3 a (new) 3a. Stresses that smart regulation must comply with the social dimension of the internal market as provided for by the Treaty; underlines that the REFIT agenda should not be used in order to undermine agreements reached by social partners at the European level; stresses that the autonomy of social partners needs to be respected; recalls that Article 155 of the TFEU guarantees that social partner agreements become European legislation at the joint request of the signatory parties; welcomes in this respect the statement by Commission President Juncker that the social market economy can only work if there is social dialogue and that he would like to be a President of social dialogue;
Amendment 47 #
Draft opinion Paragraph 3 a (new) 3a. Insists that legislation on employment and Health & Safety represents minimum standards of protection of workers which Member States can go beyond. The EU legislation will not be interpreted as maximum standards in situations in which these regulations can be seen as obstacles for competition in the single market;
Amendment 48 #
Draft opinion Paragraph 3 b (new) 3b. Insists that a worker have the right to occupational health and safety protection and minimum working conditions regardless whether the workplace is in a small, medium-sized or large enterprise.
Amendment 49 #
Draft opinion Paragraph 4 Amendment 5 #
Draft opinion Paragraph 1 1. Recognises that REFIT represents a
Amendment 50 #
Draft opinion Paragraph 4 Amendment 51 #
Draft opinion Paragraph 4 Amendment 52 #
Draft opinion Paragraph 4 Amendment 53 #
Draft opinion Paragraph 4 Amendment 54 #
Draft opinion Paragraph 4 4.
Amendment 55 #
Draft opinion Paragraph 4 4.
Amendment 56 #
Draft opinion Paragraph 4 4.
Amendment 57 #
Draft opinion Paragraph 4 4.
Amendment 58 #
Draft opinion Paragraph 4 4.
Amendment 59 #
Draft opinion Paragraph 4 4.
Amendment 6 #
Draft opinion Paragraph 1 1. Recognises that REFIT represents a
Amendment 60 #
Draft opinion Paragraph 4 4.
Amendment 61 #
Draft opinion Paragraph 4 4.
Amendment 62 #
Draft opinion Paragraph 4 4. Welcomes the Commission’s indication in their Work Programme 2015 that the maternity leave directive should be considered for withdrawal; Believes that considerations should be given to a broader non-legislative initiative to promote the reconciliation of work and family life in Member States;
Amendment 63 #
Draft opinion Paragraph 4 4. Welcomes the Commission’s indication that the maternity leave directive should be
Amendment 64 #
Draft opinion Paragraph 4 a (new) 4a. Strongly disagrees with the intention of the Commission to withdraw the directive on maternity leave. Believes that the refusal of the Council to open negotiations with the EP must not impede the provision of effective protection for pregnant or breastfeeding women, and for women re-entering the labour market after pregnancy;
Amendment 65 #
Draft opinion Paragraph 4 a (new) 4a. Opposes the intention of the Commission to withdraw legislative proposals, in particular the directive on maternity leave; without adequate consultation with co-legislators and stakeholders, which constitutes an essential element of policy making;
Amendment 66 #
Draft opinion Paragraph 4 a (new) 4a. Notes that the Commission is considering withdrawing the maternity leave directive; calls on the Commission to draw up a new proposal, which should take account of social developments and result in an ambitious directive which would encourage the rate of employment among women and the birth rate in Europe;
Amendment 67 #
Draft opinion Paragraph 4 a (new) 4a. Appreciates that, given that this proposal for a directive has been blocked during the legislative procedure since 2008, and is thus inoperative, its withdrawal might lead to a fresh departure or to new ways of achieving these goals;
Amendment 68 #
Draft opinion Paragraph 4 a (new) 4a. Remains strongly opposed to the Commission’s intention to withdraw a number of legislative proposals, particularly the directive on maternity leave, the directive on musculoskeletal disorders and the revision of the carcinogens directive; regrets that these withdrawal proposals were announced without any supporting analysis and without the prior consultation of co- legislators and stakeholders;
Amendment 69 #
Draft opinion Paragraph 4 b (new) 4b. Regrets Commissions' reluctance to present any legislative proposal to support the fight against musculoskeletal disorders that are, according to the European Agency for Safety and Health at work (OSHA) research, costly conditions for companies due to their direct – insurance, compensation, medical and administrative costs - and indirect costs of lost productivity;
Amendment 7 #
Draft opinion Paragraph 1 1. Recognises that
Amendment 70 #
Draft opinion Paragraph 4 a (new) 4a. Calls on the Commission to increase the protection of workers; in particular, calls the Commission to present a proposal on muscular skeletal disorders, environmental tobacco smoke and make necessary updates to carcinogens and mutagens.
Amendment 71 #
Draft opinion Paragraph 4 a (new) 4a. Asserts that REFIT should not be a pretext for undermining agreements reached between social partners at the European level and that the autonomy of the social partners needs to be respected; underlines that Article 155 TFEU guarantees that social partner agreements become European legislation at the joint request of the signatory parties; calls therefore for the hairdressers social partner agreement on occupational health and safety to be adopted;
Amendment 72 #
Draft opinion Paragraph 4 b (new) 4b. Encourages the Commission to present a proposal on the health & safety hairdressers' agreement to respect the experience of European Employers' associations and European workers representation in this sector and their decision of protecting of workers and to respect the possibility provided by the Social Dialogue based in the Treaties.
Amendment 73 #
Draft opinion Paragraph 4 a (new) 4a. Regrets the Commission refusal to turn into law the hairdresser's sector agreement damaging thus the trust of the social partners into European social dialogue and the Commission support function of it;
Amendment 74 #
Draft opinion Paragraph 4 a (new) 4a. Calls on the Commission to consult Parliament and stakeholders before withdrawing any legislative proposals;
Amendment 75 #
Draft opinion Paragraph 4 b (new) 4b. Stresses the need to ensure predictability, legal certainty and transparency in order for REFIT not to become a source of permanent legal uncertainty; underlines that any changes to legislation must be thoroughly considered also in a long-term perspective; notes that the principle of political discontinuity and the withdrawal of existing legislation should not give rise to doubts regarding political desirability of social goals;
Amendment 76 #
Draft opinion Paragraph 4 c (new) 4c. Regrets that the Commission is reluctant to scrutinise the proposed directive on the single member company with limited liability (SUP) in the context of REFIT; warns that the proposed directive might create serious problems by providing new and easy ways to establish letterbox companies as well as by undermining workers' social rights and avoiding the payment of social contributions;
Amendment 77 #
Draft opinion Paragraph 4 c (new) 4c. Is concerned about the ongoing evaluation of Working time legislation for simplification; Suggests improvement of efforts for correct implementation instead;
Amendment 78 #
Draft opinion Paragraph 4 d (new) 4d. Is concerned about the ongoing evaluation of Temporary Agencies legislation for simplification; Requires instead that any revision of it should broaden its scope to include mobile workers;
Amendment 79 #
Draft opinion Paragraph 4 a (new) 4a. Rejects the proposal to withdraw aid schemes for the distribution of fruit and vegetables, bananas and milk in schools;
Amendment 8 #
Draft opinion Paragraph 1 1. Recognises that REFIT represents a first important step towards reducing the administrative burdens of regulation on businesses and eliminating barriers to growth, competitiveness and job creation;
Amendment 80 #
Draft opinion Paragraph 5 Amendment 81 #
Draft opinion Paragraph 5 5.
Amendment 82 #
Draft opinion Paragraph 5 5.
Amendment 83 #
Draft opinion Paragraph 5 5.
Amendment 84 #
Draft opinion Paragraph 5 5.
Amendment 85 #
Draft opinion Paragraph 5 5.
Amendment 86 #
Draft opinion Paragraph 5 5. Welcomes the SME test; calls on the Commission to use
Amendment 87 #
Draft opinion Paragraph 5 5. Welcomes the SME test and reminds the Commission on the commitment it has made in the Small Business Act to implement the "think small first principle" in its policy-making and considers that there is still an important margin of progress to be completed; calls on the Commission to use lighter regimes for micro-enterprises, start-ups and SMEs and to consider exemptions for
Amendment 88 #
Draft opinion Paragraph 5 5.
Amendment 89 #
Draft opinion Paragraph 5 5. Welcomes the SME test; calls on the Commission to
Amendment 9 #
Draft opinion Paragraph 1 1.
Amendment 90 #
Draft opinion Paragraph 5 5. Welcomes the SME test; calls on the Commission to use lighter regimes for micro-enterprises and SMEs and to consider exemptions for micro-enterprises on a case-by-case basis, while not compromising on health, safety and employment standards or on standards designed to help in the fight against crime;
Amendment 91 #
Draft opinion Paragraph 5 5. Welcomes the SME test; calls on the Commission to use
Amendment 92 #
Draft opinion Paragraph 5 5. Welcomes the SME test; calls on the Commission to use lighter regimes for micro-enterprises and SMEs, in particular for young and start-up entrepreneurs, and to consider exemptions for micro- enterprises on a case-by-case basis, while not compromising on health, safety and employment standards;
Amendment 93 #
Draft opinion Paragraph 5 5. Welcomes the SME test; calls on the Commission to use lighter regimes for micro-enterprises and SMEs and to consider exemptions for micro-enterprises on a case-by-case basis, while not compromising on health, safety and employment standards, or on established social rights;
Amendment 94 #
Draft opinion Paragraph 5 – subparagraph 1 (new) Calls on the Commission to urgently consider measures to address the impact that recently implemented EU VAT rules for digital services are having on micro enterprises, particularly the significant administrative burden, in order to allow the digital economy to thrive;
Amendment 95 #
Draft opinion Paragraph 5 a (new) 5a. Calls on the Commission to urgently review the Small Business Act to see how it can be improved to work more effectively, in line with the better regulation agenda;
Amendment 96 #
Draft opinion Paragraph 5 a (new) 5a. Reminds that Commissioner Biénkowska during her confirmation hearing committed the Commission to consider the withdrawal of any proposal that Members find that an impact assessment is flawed or that elements have not been considered in full, calls on the Commission to confirm its commitment to this in writing;
Amendment 97 #
Draft opinion Paragraph 5 a (new) 5a. Points out that legislation can have a different impact on large enterprises and SME's, which should be kept in mind during the drafting process; stresses that all employees have a right to the highest level of protection regarding health and safety in the workplace regardless the size of the employer or the underlying contract;
Amendment 98 #
Draft opinion Paragraph 5 b (new) 5b. Notes that social partner agreements apply to a wide range of policy areas that impact on both employees and employers; is concerned that negotiations have not kept pace with the EU better regulation agenda;
Amendment 99 #
Draft opinion Paragraph 6 6. Calls for further measures to check that
source: 552.109
2015/05/27
EMPL
243 amendments...
Amendment 1 #
Motion for a resolution Citation 3 a (new) - having regard to its resolution of 27 November 2014 on the revision of the Commission's impact assessment guidelines and the role of the SME test2 a, __________________ 2a Adopted text, P8-TA(2014)0069
Amendment 10 #
Motion for a resolution Recital A A. whereas the smart regulation agenda constitutes an attempt to consolidate efforts to introduce better lawmaking, simplify EU law and reduce administrative and regulatory burdens, and to embark on a path towards good governance grounded in evidence-based policymaking, in which impact assessments and ex-post controls play an
Amendment 100 #
Motion for a resolution Paragraph 12 12. Is convinced that impact assessments constitute an important tool for supporting decision-making in all EU institutions and play a significant role in better regulation;
Amendment 101 #
Motion for a resolution Paragraph 12 12. Is convinced that impact assessments constitute an important tool for supporting decision-making in all EU institutions and play a significant role in better regulation; remains, however, conscious of the fact that such assessments are not a substitute for political assessments and decisions and should be conducted in advance of democratic and interinstitutional debates on proposals; is convinced that, in any case, a negative impact assessment cannot automatically be considered a veto on a legislative proposal;
Amendment 102 #
Motion for a resolution Paragraph 12 12. Is convinced that impact assessments constitute an important tool for supporting decision-making in all EU institutions and play a significant role in better regulation;
Amendment 103 #
Motion for a resolution Paragraph 12 12.
Amendment 104 #
Motion for a resolution Paragraph 12 12.
Amendment 105 #
Motion for a resolution Paragraph 12 12. Is convinced that impact assessments constitute an important tool for supporting decision-making in all EU institutions and play a significant role in better regulation; remains, however,
Amendment 106 #
Motion for a resolution Paragraph 12 12. Is convinced that impact assessments constitute an important tool for supporting decision-making in all EU institutions and play a significant role in better regulation;
Amendment 107 #
Motion for a resolution Paragraph 12 12.
Amendment 108 #
Motion for a resolution Paragraph 12 – subparagraph 1 (new) Reminds, however, that such assessments are only tools for democratic decision making and subject to its scrutiny, not a substitute for it. Thus, democratic decisions, like those of any parliament's, remain subject to electoral evaluation and are not subordinate to technical assessment;
Amendment 109 #
Motion for a resolution Paragraph 12 a (new) 12a. Calls on the Commission and Member States to be more rigorous in assessing the impact of future and existing regulation on SMEs and competitiveness; Believes that a competitiveness assessment should form a significant part of the impact assessment process; considers that the draft revised guidelines should contain direction on how impacts on competitiveness should be assessed and weighted in the final analysis; supports a standing presumption that proposals with a negative impact on competitiveness should not be adopted by the Commission unless evidence supporting significant unquantifiable benefits is presented;
Amendment 11 #
Motion for a resolution Recital A A. whereas the smart regulation agenda
Amendment 110 #
Motion for a resolution Paragraph 12 a (new) 12a. Underlines that it should remain in the discretion of the legislator if and when an impact assessment is commissioned on substantive amendments; similarly there should be no obligation on the legislator to perform an impact assessment of an agreement reached on a legislative act prior to the final adoption of an agreement;
Amendment 111 #
Motion for a resolution Paragraph 12 b (new) 12b. Believes that better regulation principles should apply to decisions on secondary legislation as well as primary legislation; calls on the Commission and its agencies, where appropriate, to accompany delegated and implementing acts with a mandatory impact assessment, including consultation with interested parties and stakeholders;
Amendment 112 #
Motion for a resolution Paragraph 12 b (new) 12b. Does not consider it appropriate to establish an "independent panel" which every institution would be entitled to call on to assess numerous aspects of any substantive amendments, such as e.g. the costs or practicability of implementation, as this would create a parallel trilogue and undermine the competences and responsibilities of the official negotiation teams;
Amendment 113 #
Motion for a resolution Paragraph 13 13. Welcomes the Commission’s
Amendment 114 #
Motion for a resolution Paragraph 13 13. Welcomes the Commission's commitment regularly to revise the impact assessment guidelines in order to improve this process; believes that the Commission should assess the economic, social and environmental consequences, and better evaluate the impact of its policy on the fundamental rights of citizens in order to fully grasp its effects, keeping in mind that the cost-benefit analysis is only one of many criteria; underlines that when impact assessments are carried out, fundamental and social rights should be given priority over economic considerations;
Amendment 115 #
Motion for a resolution Paragraph 13 13. Welcomes the Commission’s commitment regularly to revise the impact assessment guidelines in order to improve this process; believes that the Commission should assess the economic, social and environmental consequences, and better evaluate the impact of its policy on the fundamental rights of citizens and the equality between women and men in order to fully grasp its effects, keeping in mind that the cost-benefit analysis is only one of many criteria;
Amendment 116 #
Motion for a resolution Paragraph 13 13. Welcomes the Commission’s commitment regularly to revise the impact assessment guidelines in order to improve this process; believes that the Commission should assess the economic, social and environmental consequences
Amendment 117 #
Motion for a resolution Paragraph 13 13.
Amendment 118 #
Motion for a resolution Paragraph 13 13. Welcomes the Commission’s commitment regularly to revise the impact assessment guidelines in order to improve this process; believes that the Commission should assess the economic, social and environmental consequences, and
Amendment 119 #
Motion for a resolution Paragraph 14 14.
Amendment 12 #
Motion for a resolution Recital A a (new) Aa. whereas administrative burdens are however to be clearly distinguished from regulatory burdens; whereas reduction of administrative burdens should in principle be neutral with regard to the objectives to be achieved by the relevant law; whereas the reduction of regulatory burdens however questions the very existence of the laws in questions and the protection level provided by these;
Amendment 120 #
Motion for a resolution Paragraph 14 14. Takes note of the conversion of the Commission's Impact Assessment Board (IAB) into a ‘Regulatory Scrutiny Board'
Amendment 121 #
Motion for a resolution Paragraph 14 14.
Amendment 122 #
Motion for a resolution Paragraph 14 14. Takes note of the conversion of the
Amendment 123 #
Motion for a resolution Paragraph 14 14. Takes note of the conversion of the Commission’s Impact Assessment Board (IAB) into a ‘Regulatory Scrutiny Board’
Amendment 124 #
Motion for a resolution Paragraph 14 14. Takes note of the conversion of the Commission’s Impact Assessment Board (IAB) into a ‘Regulatory Scrutiny Board’ and expects that the inclusion of independent experts will have an advantageous effect on the impact assessment process within the Commission; insists, however, that the Regulatory Scrutiny Board must have an advisory role only and must not issue binding opinions; insists that impact assessments should be based on estimating what the additional costs would be for the Member States if there were no solution at European level;
Amendment 125 #
Motion for a resolution Paragraph 14 14. Takes note of the conversion of the Commission’s Impact Assessment Board (IAB) into an independent ‘Regulatory Scrutiny Board’ (RSB) and expects that the inclusion of independent experts will have an advantageous effect on the impact assessment process within the Commission; insists that impact assessments should be based on estimating what the additional costs would be for the Member States if there were no solution at European level;
Amendment 126 #
Motion for a resolution Paragraph 14 14. Takes note of the conversion of the Commission’s Impact Assessment Board (IAB) into a ‘Regulatory Scrutiny Board’ and expects that the inclusion of independent experts will have an advantageous effect on the impact assessment process within the Commission; insists that impact assessments should be based on estimating what the additional economic, social and environmental costs would be for the Member States if there were no solution at European level;
Amendment 127 #
Motion for a resolution Paragraph 14 a (new) 14a. Proposes that the Commission establishes as soon as possible a high- level Better Regulation Advisory Body involving both stakeholder expertise and national experts; proposes a strong and independent advisory mandate for this body, which should complement the Commission's work on impact assessments; believes that such a body's expertise, including as regards subsidiarity and proportionality, could provide added value for the impact assessment procedure and for other initiatives relating to better regulation; asks that Parliament and the Council be involved in the expert nomination procedure; suggests that the best practices and experience of existing better regulation bodies (such as those in Sweden, the Czech Republic, the Netherlands, the United Kingdom and Germany) be taken into account;
Amendment 128 #
Motion for a resolution Paragraph 14 a (new) 14a. Welcomes the undertaking of the Commission to not proceed with inter- service consultation without a positive opinion of the RSB; reiterates and underlines, however, that the final proposal and impact assessment must be consistent, and must therefore reflect any changes introduced at the inter-service consultation phase; considers, therefore, that the positive opinion of the RSB should be required on the documentation accompanying the final legislative proposal presented to the College, and not only on the drafts presented at the earlier stage;
Amendment 129 #
Motion for a resolution Paragraph 15 15. Welcomes the fact that the Council Working Parties are now, at an early stage of the debate on specific legislative proposals, to consider the relevant Commission impact assessments on the basis of an indicative check list: regrets, however, that the Council Secretariat does not yet have an impact assessment unit of its own
Amendment 13 #
Motion for a resolution Recital A a (new) Aa. whereas the REFIT Programme aims to consolidate better lawmaking procedures, simplify EU law and reduce administrative and regulatory burdens, and to embark on a path towards good governance grounded in evidence-based policymaking, in which impact assessments and ex-post controls play an essential role;
Amendment 130 #
Motion for a resolution Paragraph 15 15. Welcomes the fact that the Council Working Parties are now, at an early stage of the debate on specific legislative proposals, to consider the relevant Commission impact assessments on the basis of an indicative check list
Amendment 131 #
Motion for a resolution Paragraph 15 15. Welcomes the fact that the Council Working Parties are now, at an early stage of the debate on specific legislative proposals, to consider the relevant Commission impact assessments on the basis of an indicative check list
Amendment 132 #
Motion for a resolution Paragraph 16 16. Urges Parliament’s
Amendment 133 #
Motion for a resolution Paragraph 16 16.
Amendment 134 #
Motion for a resolution Paragraph 16 16. Urges Parliament’s specialist committees to make more consistent use of in-house impact assessment instruments,
Amendment 135 #
Motion for a resolution Paragraph 16 Amendment 136 #
Motion for a resolution Paragraph 16 16.
Amendment 137 #
Motion for a resolution Paragraph 16 16.
Amendment 138 #
Motion for a resolution Paragraph 16 16.
Amendment 139 #
Motion for a resolution Paragraph 17 17. Stresses the need to take account of
Amendment 14 #
Motion for a resolution Recital A b (new) Ab. whereas the Commission has set up a new Refit Platform to support its work in the context of the REFIT Programme, which is made up of two groups: the ‘government group’, comprising high- level experts from the civil service in each Member State, and the ‘stakeholder group’, comprising up to 20 experts, two of whom represent the European Economic and Social Committee and the Committee of the Regions, with the remaining experts representing business, including SMEs, the social partners and civil society organisations;
Amendment 140 #
Motion for a resolution Paragraph 17 17. Stresses the need to take account of the horizontal, social and ecological provisions of the Lisbon Treaty (Articles 9 and 11 TFEU) in defining and implementing Union actions and policies; calls on
Amendment 141 #
Motion for a resolution Paragraph 17 17. Stresses the need to take account of the horizontal, social and ecological provisions of the Lisbon Treaty (Articles 9 and 11 TFEU) in defining and implementing Union actions and policies; calls on all EU institutions always to consider an in-depth analysis of the social and environmental impact of any proposed legislation and the short- and long-term effects of legislation; believes that, while the focus of such assessments is primarily on monetary factors, and on easily quantifiable criteria such as economic operators costs, the long- term value of legislation, such as the reduction of adverse health effects or the preservation of ecosystems, is often difficult to quantify, and that, as a consequence, social and environmental costs and benefits are not taken into adequate account;
Amendment 142 #
Motion for a resolution Paragraph 17 17.
Amendment 143 #
Motion for a resolution Paragraph 17 a (new) 17a. Refers also to the fact that the Union has set itself the specific task of mainstreaming gender equality in all its activities;
Amendment 144 #
Motion for a resolution Paragraph 17 a (new) 17a. In this regard, notes the importance of reinforcing cooperation with national parliaments in the legislative process by engaging them at an earlier stage and thoroughly evaluating their opinions in instances where concerns have been raised and by making use of a stronger 'red card' procedure; highlights that this will help to reduce the democratic deficit;
Amendment 145 #
Motion for a resolution Paragraph 17 b (new) 17b. Notes that a cooling off period taken after the conclusion of negotiations but in advance of a final vote - presently used for lawyer-linguistic revision - could be further utilised for the completion of an impact assessment and subsidiarity check;
Amendment 146 #
Motion for a resolution Paragraph 18 18. Believes that
Amendment 147 #
Motion for a resolution Paragraph 18 18. Believes that all EU institutions should develop a common methodological approach to impact assessments, and calls on them to include this as a priority in the upcoming negotiations on a new interinstitutional agreement;
Amendment 148 #
Motion for a resolution Paragraph 18 18. Believes that all EU institutions should develop and adopt a common methodological approach to impact assessments, and calls on them to include this as a priority in the
Amendment 149 #
Motion for a resolution Paragraph 18 a (new) 18a. Is deeply concerned about the Commission´s intention to transform its Impact Assessment Board into a Regulatory Scrutiny Board with three external members (so called independent advisors) with de-facto veto power, which would mean a weakening of power of democratically elected legislators and risk of weakening of existing standards of protection of citizens, workers and environment;
Amendment 15 #
Motion for a resolution Recital A c (new) Ac. whereas the annual REFIT scoreboard allows for the assessment of progress made in all policy areas and of each initiative identified by the Commission, including actions taken by Parliament and the Council;
Amendment 150 #
Motion for a resolution Paragraph 18 a (new) 18a. Urges the Commission to increase its consultation procedure, both public and private, with all stakeholders, including consumes, when preparing delegated and implementing acts, with a view to considering how to enhance awareness of proposals at a provisional stage;
Amendment 151 #
Motion for a resolution Paragraph 18 b (new) 18b. Calls on the European Parliament to systematically review Commission impact assessments and review IMPAs analysis as early as possible in the legislative process, and to call for impact assessments on its own reports;
Amendment 152 #
Motion for a resolution Paragraph 18 b (new) 18b. Strongly believes that such efforts to increase their input before finalising recommendations will lead to better legislation; in this regard, welcomes possible initiatives to compare processes for consulting on provisional rules or standards with those used in other jurisdictions to share and develop best practice;
Amendment 153 #
Motion for a resolution Paragraph 18 c (new) 18c. Where legislation is proposed in a complex field, considers that a second stage consultation should be envisaged whereby a draft legislative act is published, accompanied by a provisional impact assessment for comment by all relevant stakeholders; considers that this second state would introduce further rigor into the Commission’s analysis and strengthen the case for any proposal adopted following this process;
Amendment 154 #
Motion for a resolution Paragraph 19 Amendment 155 #
Motion for a resolution Paragraph 19 19.
Amendment 156 #
Motion for a resolution Paragraph 19 19. Welcomes the Commission’s clear commitment to further improving the SME test, particularly in view of the
Amendment 157 #
Motion for a resolution Paragraph 19 19. Welcomes the Commission’s clear commitment to further improving the SME test, particularly in view of the extremely large number of small and medium-sized enterprises, which are the cornerstone of economic activity and employment; supports consideration of adapted agreements and more flexible SME impact assessment rules, provided that it can be shown that they do not undermine the effectiveness of legal provisions and that exemptions or more flexible provisions do not encourage fragmentation of the internal market or hamper access to it; welcomes therefore the Commission's commitment to give consideration to more flexible rules for SMEs, including an outright exemption for microbusinesses, only if that is appropriate and feasible and effective realisation of the social, ecological and economic objectives of proposed legal provisions is not undermined;
Amendment 158 #
Motion for a resolution Paragraph 19 19. Welcomes the Commission's clear commitment to further improving the SME test and calls on the Commission to monitor effectively whether Member States apply the SME-test consistently during the legislative process, particularly in view of the extremely large number of small and medium-sized enterprises, which are the cornerstone of economic activity and employment; supports consideration of adapted agreements and more flexible SME impact assessment rules, provided that it can be shown that they do not undermine the effectiveness of legal provisions and that exemptions or more flexible provisions do not encourage fragmentation of the internal market or hamper access to it;
Amendment 159 #
Motion for a resolution Paragraph 19 19. Welcomes the Commission’s clear commitment to further improving the SME test, particularly in view of the extremely large number of small and medium-sized enterprises, which are the cornerstone of economic activity and employment; supports consideration of adapted agreements and more flexible
Amendment 16 #
Motion for a resolution Recital B B. whereas the Interinstitutional Agreement on Better Lawmaking of 2003 has been partially outdated by the current legislative environment created by the Treaty of Lisbon;
Amendment 160 #
Motion for a resolution Paragraph 19 19.
Amendment 161 #
Motion for a resolution Paragraph 19 19.
Amendment 162 #
Motion for a resolution Paragraph 19 19. Welcomes the Commission’s clear commitment to further improving the SME test, particularly in view of the
Amendment 163 #
Motion for a resolution Paragraph 19 a (new) 19a. Points out that focusing on the interests of business - 'Think small first' - is a mistake which increases imbalances within society and, ultimately will harm business too; calls therefore on the Commission to take account of high employment and social standards;
Amendment 164 #
Motion for a resolution Paragraph 20 20. Calls on the Commission not to abandon its ambitious targets of reducing the regulatory and administrative burden
Amendment 165 #
Motion for a resolution Paragraph 20 20. C
Amendment 166 #
Motion for a resolution Paragraph 20 20.
Amendment 167 #
Motion for a resolution Paragraph 20 20. Calls on the Commission not to abandon its ambitious targets of reducing the administrative burden on SMEs and thereby helping to establish a basis for the creation of quality jobs
Amendment 168 #
Motion for a resolution Paragraph 20 a (new) 20a. Insists that the Commission should establish a European objective of a 30 per cent reduction in costs generated by administrative and compliance costs and regulatory burdens for each policy area by 2020;
Amendment 169 #
Motion for a resolution Paragraph 20 b (new) 20b. Believes that policy makers must ensure that legislation encourages innovation by assessing the impact of risk management legislation on innovation;
Amendment 17 #
Motion for a resolution Recital C C. whereas in the past years the better regulation agenda has nevertheless contributed to improving legislative practices; whereas the large number of different names and programmes introduced by the Commission in the area, such as ‘better regulation’, ‘better lawmaking’, ‘smart regulation’, ‘regulatory fitness’, ‘Think Small First’, ‘fitness checks’, ‘ABR+’, do
Amendment 170 #
Motion for a resolution Paragraph 20 c (new) 20c. Stresses that a Single Market which does not over-burden or frustrate production, innovation and commerce is a structure that will bring jobs and growth back to Europe 're-shoring', which previously would have been located outside Europe where standards are lower;
Amendment 171 #
Motion for a resolution Paragraph 20 d (new) 20d. Stresses, therefore, that the shared responsibility for improved Single Market regulation will lead to the realisation of the shared benefits; a strong and vibrant Single Market contributing to the long- term growth of Europe and thus the prosperity of its citizens;
Amendment 172 #
Motion for a resolution Paragraph 21 Amendment 173 #
Motion for a resolution Paragraph 21 21. Notes that evaluation of new rules regarding their impact on SMEs must be in no way detrimental to the rights of their employees; calls on the Commission not to use the "Top Ten" most burdensome laws for SMEs as justification to review the working time and temporary agency directives, because the protection of workers must be guaranteed regardless whether the workplace is in small, medium sized or large enterprises;
Amendment 174 #
Motion for a resolution Paragraph 21 21.
Amendment 175 #
Motion for a resolution Paragraph 21 21. Notes that evaluation of new rules regarding their impact on SMEs must be in no way detrimental to
Amendment 176 #
Motion for a resolution Paragraph 21 21. Notes that evaluation of new rules regarding their impact on SMEs must be in no way detrimental to the rights, safety and wellbeing of their employees;
Amendment 177 #
Motion for a resolution Paragraph 21 Amendment 178 #
Motion for a resolution Paragraph 21 a (new) 21a. Stresses the need for more clearly worded regulations that can be implemented in a simple manner and can help all actors, including entrepreneurs, operate within the rule of law; Underlines that simpler, smarter regulation leads to consistent transposition and more effective and uniform enforcement by Member States;
Amendment 179 #
Motion for a resolution Paragraph 22 Amendment 18 #
Motion for a resolution Recital C Amendment 180 #
Motion for a resolution Paragraph 22 22. Welcomes the fact that the Commission is making ex-post analysis an integral part of better regulation; stresses that, in the interests of legal certainty for citizens and businesses, such analyses should be carried out within a sufficient time-frame, preferably several years after the deadline for transposition into national law; stresses however that the use of sunset clauses in EU legislation should not be pursued, as it leads to legislative discontinuity and legal uncertainty;
Amendment 181 #
Motion for a resolution Paragraph 22 22. Welcomes the fact that the Commission is making ex-post analysis an integral part of better regulation; stresses that, in the interests of legal certainty for citizens and businesses, such analyses should be carried out within a sufficient time-frame, preferably several years after the deadline for transposition into national law; stresses however that the idea of sunset clauses in EU legislation should not be pursued as it leads to legislative discontinuity and legal uncertainty;
Amendment 182 #
Motion for a resolution Paragraph 22 22. Welcomes the fact that the Commission is making ex-post analysis an integral part of better regulation; stresses that, in the interests of legal certainty for citizens and businesses, such analyses should
Amendment 183 #
Motion for a resolution Paragraph 22 22. Welcomes the fact that the Commission is making ex-post analysis an integral part of better regulation; stresses that, in the interests of legal certainty for citizens and businesses, such analyses should be carried out within a sufficient time-frame, preferably several years after the deadline for transposition into national law; considers it important to improve the arrangements for consulting and informing Parliament about ex-post analyses;
Amendment 184 #
Motion for a resolution Paragraph 22 22. Welcomes the fact that the Commission is making systematic ex-post analysis an integral part of better regulation; stresses that, in the interests of legal certainty for citizens and businesses, such analyses should be carried out within a sufficient time-frame, preferably several years after the deadline for transposition into national law;
Amendment 185 #
Motion for a resolution Paragraph 22 22. Welcomes the fact that the Commission is making ex-post analysis an integral part of better regulation; reminds however that ex-post evaluations should never replace the Commission's duty as guardian of the Treaties to monitor effectively and timely the application of Union law by Member States and to take all necessary steps to ensure good application thereof; stresses that, in the interests of legal certainty for citizens and businesses, such analyses should be carried out within a sufficient time-frame, preferably several years after the deadline for transposition into national law;
Amendment 186 #
Motion for a resolution Paragraph 22 22. Welcomes the fact that the Commission is making ex-post analysis an integral part of better regulation; stresses that, in the interests of legal certainty for citizens and businesses, such analyses should be carried out within a sufficient time-frame, preferably several years after the deadline for transposition into national law; highlights the fact, however, that sunset clauses should no longer be employed when legislation is drafted, since they create legal uncertainty;
Amendment 187 #
Motion for a resolution Paragraph 22 22. Welcomes the fact that the Commission is making ex-post analysis an integral part of better regulation; stresses that, in the interests of legal certainty for citizens and businesses, such analyses should be carried out within a sufficient time-frame, and preferably
Amendment 188 #
Motion for a resolution Paragraph 22 22. Welcomes the fact that the Commission is making ex-post analysis an integral part of better regulation;
Amendment 189 #
Motion for a resolution Paragraph 22 a (new) 22a. Calls on the Commission in this connection, in view of the serious and persistent problems which arise in the implementation of Regulation (EC) No 1924/2006 on nutrition and health claims made on foods, including problems of distortion of competition, to review the scientific basis of this regulation and how useful and realistic it is, and, if appropriate, to eliminate the concept of nutrient profiles or repeal the regulation in its entirety; considers that the aims of Regulation (EC) No 1924/2006, such as ensuring that information which is provided concerning foods is true and that specific indications are given concerning fat, sugar and salt content, have now been attained by Regulation (EU) No 1169/2011 on the provision of food information to consumers;
Amendment 19 #
Motion for a resolution Recital C C. whereas in the past years the better regulation agenda has nevertheless contributed to improving legislative practices, but has also triggered a significant opposition by civil society groups; whereas the large number of different names and programmes introduced by the Commission in the area, such as ‘better regulation’, ’better lawmaking’, ‘smart regulation’, ’regulatory fitness’, ‘Think Small First’, ’fitness checks’, ‘ABR+’, does not set a good example for achieving the clarity that citizens legitimately expect from the EU;
Amendment 190 #
Motion for a resolution Paragraph 22 a (new) 22a. Underlines that rolling reviews should not be the only ex-post evaluation undertaken, but rather the Commission should also review implementation on the ground as new legislation enters into force; believes that often teething problems and urgent impediments towards achieving the objectives of the legislation manifest themselves clearly once businesses, consumers and other affected stakeholders apply the rules; in this regard, stresses that the Commission should have a 'fast reaction' system which responds to these unforeseen challenges to address any serious implementation concerns over and above any regulatory fitness and general improvement of the acquis;
Amendment 191 #
Motion for a resolution Paragraph 22 a (new) 22a. Underscores the importance of ex post assessment and policy performance appraisal for an evaluation of the implementation and efficiency of EU legislation and EU policies in the light of the legislative authority's intended outcomes;
Amendment 192 #
Motion for a resolution Paragraph 23 23. Considers that national parliaments should be involved in the ex-post evaluation of new legislation, as this would
Amendment 193 #
Motion for a resolution Paragraph 23 Amendment 194 #
Motion for a resolution Paragraph 23 23. Considers that national parliaments should be involved in the ex-post evaluation of new legislation, as this would
Amendment 195 #
Motion for a resolution Paragraph 23 a (new) 23a. Considers that the Committee of the Regions should be involved, as an advisory body, in the ex-post evaluation of new legislation;
Amendment 196 #
Motion for a resolution Paragraph 24 Amendment 197 #
Motion for a resolution Paragraph 25 25. Acknowledges that, in most cases, it is the prerogative of the Member States to decide whether to adopt higher social and environmental standards at national level than those agreed upon at EU level, and welcomes any decision to do so; calls, however, on the competent national authorities to be aware of the possible consequence of the so-called practice of ‘gold plating’, by which unnecessary bureaucratic burdens are added to EU legislation
Amendment 198 #
Motion for a resolution Paragraph 25 25. Acknowledges that, in most cases, it is the prerogative of the Member States to decide whether to adopt higher social and environmental standards at national level than those agreed upon at EU level, and welcomes any decision to do so; calls, however, on the competent national authorities to be aware of the possible consequence of the so-called practice of ‘gold plating’, by which unnecessary bureaucratic burdens are added to EU legislation, since this may lead to a misconception of the legislative activity of the EU, which in turn might foster EU scepticism; accordingly considers that Commission assessments of transposition by Member States should also cover gold plating; recommends, for the sake of transparency and user-friendliness, that any additional innovations introduced at national level be clearly identified as such; points out to the Council that documents relating to law-making, in many cases, remain under restriction, notwithstanding the commitments entered into under the 2003 Interinstitutional Agreement;
Amendment 199 #
Motion for a resolution Paragraph 25 25. Acknowledges that
Amendment 2 #
Motion for a resolution Citation 3 a (new) - having regard to its report of 25 February 2012 entitled ‘Follow-up on the delegation of legislative powers and the control by Member States of the Commission's exercise of implementing powers’,
Amendment 20 #
Motion for a resolution Recital C a (new) Ca. whereas, in its communication ‘Better regulation for better results - An EU agenda’ of 19 May 2015, the Commission has now proposed a coherent holistic approach to better lawmaking that takes account of the entire policy cycle of lawmaking and requires targeted interaction among all the institutions, and for this reason it will be closely studied by Parliament in order to achieve the best possible results in the interest of Union citizens;
Amendment 200 #
Motion for a resolution Paragraph 25 25. Acknowledges that, in most cases, it is the prerogative of the Member States to decide whether to adopt higher social and environmental standards at national level than those agreed upon at EU level, and welcomes any decision to do so;
Amendment 201 #
Motion for a resolution Paragraph 25 25. Acknowledges that, in most cases, it is the prerogative of the Member States to decide whether to adopt higher
Amendment 202 #
Motion for a resolution Paragraph 25 25. Acknowledges that, in most cases, it is the prerogative of the Member States to decide whether to adopt higher social and environmental standards at national level than those agreed upon at EU level, and welcomes any decision to do so;
Amendment 203 #
Motion for a resolution Paragraph 25 25. Acknowledges that, in most cases, it is the prerogative of the Member States to decide whether to adopt higher social and environmental standards at national level than those agreed upon at EU level
Amendment 204 #
Motion for a resolution Paragraph 25 25. Acknowledges that, in
Amendment 205 #
Motion for a resolution Paragraph 25 25. Acknowledges that, in most cases, it is the prerogative of the Member States to decide whether to adopt higher social and environmental standards at national level than those agreed upon at EU level, and welcomes any decision to do so;
Amendment 206 #
Motion for a resolution Paragraph 25 25. Acknowledges that, in most cases, it is the prerogative of the Member States to decide whether to adopt higher social and environmental standards at national level than those agreed upon at EU level
Amendment 207 #
Motion for a resolution Paragraph 26 a (new) 26a. Again calls on the Member States to draw up annual reports and correlation tables on the transposition of directives, which should be made public and be verifiable;
Amendment 208 #
Motion for a resolution Paragraph 26 a (new) 26a. Stresses that the Commission should tackle the policy incoherence across European and national legislations; underlines that the Commission also has the responsibility to implement the programmes and action plans, agreed jointly with the Council; calls in this context on the Commission to rapidly implement the 7th Environmental Action Programme, and to come forward with proposals on effective legal protection and access to justice with regard to environmental matters;
Amendment 209 #
Motion for a resolution Paragraph 26 a (new) 26a. Stresses that Parliament, as one arm of the legislative authority, has an interest in understanding what the impact of EU legislation actually is after it has been implemented; calls therefore on the Commission to grant Parliament full access to any assessments in that connection, including the source data collected and preparatory documents;
Amendment 21 #
Motion for a resolution Recital D D. whereas the aims and objectives of the Union spelled out in Article 3 TEU are all of equal import; whereas the Commission underlines that the REFIT programme does not call into question existing policy objectives, nor
Amendment 210 #
Motion for a resolution Paragraph 26 b (new) 26b. Points to the Joint Political Declaration of 28 September 2011 of Member States and the Commission on explanatory documents and to the Joint Political Declaration of 27 October 2011 of the European Parliament, the Council and the Commission on explanatory documents, and calls on the Commission to ensure that Parliament has access to explanatory documents;
Amendment 211 #
Motion for a resolution Paragraph 27 27. Points out that the Commission
Amendment 212 #
Motion for a resolution Paragraph 27 27. Points out that the Commission, in consequence of its right of legislative initiative, may at any time in the course of a procedure for the adoption of a Union act withdraw a proposal as long as the Council has not yet taken any decision on it;
Amendment 213 #
Motion for a resolution Paragraph 27 27.
Amendment 214 #
Motion for a resolution Paragraph 27 a (new) 27a. Welcomes the ECJ judgment of 14 April 2015, which stresses that the Commission must state to Parliament and the Council the grounds for any withdrawal of a legislative proposal;
Amendment 215 #
Motion for a resolution Paragraph 28 Amendment 216 #
Motion for a resolution Paragraph 28 Amendment 217 #
Motion for a resolution Paragraph 29 Amendment 218 #
Motion for a resolution Paragraph 29 Amendment 219 #
Motion for a resolution Paragraph 29 a (new) 29a. Stresses that the ECJ, in a judgment of 14 April 2015, reminded the Commission that in the event of the withdrawal of a legislative proposal it must comply with the principle of conferral of powers, the principle of institutional balance and the principle of sincere cooperation, as laid down in Article 13(2) TEU, and with the principle of democracy, as laid down in Article 10(1) and (2) TEU;
Amendment 22 #
Motion for a resolution Recital D D. whereas the aims and objectives of the Union spelled out in Article 3 TEU are all of equal import; whereas the
Amendment 220 #
Motion for a resolution Paragraph 30 Amendment 221 #
Motion for a resolution Paragraph 30 Amendment 222 #
Motion for a resolution Paragraph 30 Amendment 223 #
Motion for a resolution Paragraph 30 30.
Amendment 224 #
Motion for a resolution Paragraph 30 30. Remains strongly opposed, with reference to the decisions of the Parliament of 15 January 2015, to the intention of the
Amendment 225 #
Motion for a resolution Paragraph 30 30. Remains strongly opposed, with reference to the decisions of the Parliament of 15 January 2015, to the intention of the Commission to withdraw a number of legislative proposals, in particular the directive on resource efficiency, maternity leave, the legislative proposals on air quality and waste policy, the directive on transparency in pricing and reimbursement of medicines, and the proposal to revise the directive on national emission ceilings under the legislative follow-up to the climate and energy package; calls on the Commission to take due account of the position of Parliament;
Amendment 226 #
Motion for a resolution Paragraph 30 Amendment 227 #
Motion for a resolution Paragraph 30 a (new) 30a. Regrets that the Commission is reluctant to scrutinise the proposed directive on SUP in the context of REFIT, warns that the proposed directive will create serious problems by providing new and easy ways to establish letterbox companies as well as by undermining workers ‘social rights;
Amendment 228 #
Motion for a resolution Paragraph 31 a (new) 31a. Emphasises that, with regard to the maternity leave directive, the announced withdrawal is all the more questionable as the European Parliament has concluded its first reading while the discussions in Council are blocked and thus compromises the whole legislative procedure;
Amendment 23 #
Motion for a resolution Recital D D. whereas the aims and objectives of the Union spelled out in Article 3 TEU are all of equal import; whereas the Commission underlines that the REFIT programme does not call into question existing policy objectives, nor does it impact negatively on the health and safety of citizens, consumers
Amendment 24 #
Motion for a resolution Recital E a (new) Ea. Whereas there will always be new emerging challenges, like those in the fields of information technology and resource scarcity, which require new and ambitious legislation to meet the challenges and ensure a level-playing field for businesses and prevent risks;
Amendment 25 #
Motion for a resolution Recital F F. whereas the Commission, in establishing its work programme for 2015,
Amendment 26 #
Motion for a resolution Recital F Amendment 27 #
Motion for a resolution Recital F a (new) Fa. whereas citizens often associate the EU with insufficient transparency and excessive red tape rather than with peace, freedom and prosperity, and the EU’s acceptance suffers as a result;
Amendment 28 #
Motion for a resolution Recital F b (new) Fb. whereas in its work programme for 2015, the Commission plans to focus its activities on the major economic and social challenges and interfere less in areas where the Member States are better able to find the right answers at national or regional level;
Amendment 29 #
Motion for a resolution Recital F c (new) Fc. whereas the Commission‘s new structure aims to guarantee a more coherent policy approach;
Amendment 3 #
Motion for a resolution Citation 6 a (new) - having regard to the European Parliament resolution of 27 November 2014 on the revision of the Commission’s impact assessment guidelines and the role of the SME test5a, __________________ 5a Texts adopted, P8-TA(2014)0069
Amendment 30 #
Motion for a resolution Paragraph 1 1.
Amendment 31 #
Motion for a resolution Paragraph 1 1.
Amendment 32 #
Motion for a resolution Paragraph 1 1.
Amendment 33 #
Motion for a resolution Paragraph 1 1.
Amendment 34 #
Motion for a resolution Paragraph 1 1.
Amendment 35 #
Motion for a resolution Paragraph 1 1. Welcomes the decision of Commission President Juncker to entrust the First Vice- President of the Commission with the portfolio of better regulation, which responds to repeated calls for the Parliament to this effect and underlines the high political importance of this topic;
Amendment 36 #
Motion for a resolution Paragraph 1 a (new) 1a. Stresses that the freedom of Members of the European Parliament to carry out their political work must not be restricted in any way; this also includes the possibility of making significant changes to legislative proposals;
Amendment 37 #
Motion for a resolution Paragraph 1 a (new) 1a. Welcomes the Commission proposal concerning better regulation, in particular with regard to its substantive measures concerning transparency and the reduction of red tape; still has reservations, however, about the operation and effectiveness of the proposed Regulatory Scrutiny Board and independent panel as well as the entire impact assessment mechanism, the function of which should be not only to reduce costs for businesses and to aid economic recovery, but also to monitor the impact of legislation on social, environmental and employment-related matters;
Amendment 38 #
Motion for a resolution Paragraph 1 b (new) 1b. Sharply criticises, therefore, the Commission’s proposal indirectly to restrict the room for manoeuvre available to Members of the European Parliament in their legislative work by means of impact assessments on substantive amendments to Commission proposals;
Amendment 39 #
Motion for a resolution Paragraph 2 2. Points out that better regulation should encompass the ‘culture’ of public administration at all levels of the European Union, and include the implementation and application of Union acts at European level as well as at national, regional and local levels in order to ensure good administration
Amendment 4 #
Motion for a resolution Citation 8 a (new) - having regard to the Commission communication entitled ‘Better regulation for better results - An EU agenda’,
Amendment 40 #
Motion for a resolution Paragraph 2 Amendment 41 #
Motion for a resolution Paragraph 2 2. Points out that better regulation should encompass the ‘culture’ of public administration at all levels of the European Union, bearing in mind the excessive levels of red tape EU-wide and the need to simplify legislation, and include the implementation and application of Union acts at European level as well as at national, regional and local levels in order to ensure good administration and ‘Europe- friendly conduct’ at all levels;
Amendment 42 #
Motion for a resolution Paragraph 2 a (new) 2a. Is however very concerned about the Better Regulation package adopted by the Commission on 19 May 2015, as it introduces or seeks to introduce a significant amount of additional administrative procedures with a view to reducing regulatory burden;
Amendment 43 #
Motion for a resolution Paragraph 3 3. Underlines that the Commission should focus
Amendment 44 #
Motion for a resolution Paragraph 3 3. Underlines that the Commission should focus
Amendment 45 #
Motion for a resolution Paragraph 3 3. Underlines that the Commission should focus more on the quality of legislation rather than on the number of legislative acts; in this regard supports the Commission's approach to scale back the volume of proposals and to prioritise the development of certain measures; advises that those proposals which would contribute most effectively to the promotion of growth and employment be the focus on the Commission in its future activities;
Amendment 46 #
Motion for a resolution Paragraph 3 3. Underlines that the Commission should focus more on the quality of legislation rather than on the number of legislative acts; underlines in this regard that costs should not be the decisive factor but quality of legislation is the only appropriate benchmark and that REFIT programme must not be used to undermine social, labour, environmental and consumer standards;
Amendment 47 #
Motion for a resolution Paragraph 3 3. Underlines that the Commission should focus
Amendment 48 #
Motion for a resolution Paragraph 3 a (new) 3a. Calls on the Commission to introduce a sunset clause in all legislative initiatives and thereby automatically and regularly reassess the need for and suitability of all legislative measures at European level;
Amendment 49 #
Motion for a resolution Paragraph 4 4. Stresses that a European standard generally replaces 28 national standards and,
Amendment 5 #
Motion for a resolution Citation 15 – having regard to the final report of 24 July 2014 of the High Level Group of Independent Stakeholders on Administrative Burdens, entitled ‘Cutting Red Tape in Europe – Legacy and Outlook’, and
Amendment 50 #
Motion for a resolution Paragraph 4 4. Stresses that a European standard generally replaces 28 national standards,
Amendment 51 #
Motion for a resolution Paragraph 4 4.
Amendment 52 #
Motion for a resolution Paragraph 4 4. Stresses that a European standard generally replaces 28 national standards, thereby potentially underpinning the single market and cutting down on bureaucracy;
Amendment 53 #
Motion for a resolution Paragraph 4 a (new) 4a. Insists that legislation on employment and Health & Safety represents minimum standards of protection of workers which Member States can go beyond. The EU legislation will not be interpreted as maximum standards in situations in which these regulations can be seen as obstacles for competition in the single market;
Amendment 54 #
Motion for a resolution Paragraph 4 a (new) 4a. Welcomes the package of measures aimed at Better Regulation of 19 May, and in particular the REFIT Communication; supports the continued commitment shown by the Commission towards the better law-making agenda; underlines that the work foreseen in the REFIT Communication should be seen as an ongoing process, ensuring that the legislation in force at European level is fit for purpose, achieving the shared objective of the legislators and meeting the expectations of citizens, businesses and other stakeholders;
Amendment 55 #
Motion for a resolution Paragraph 4 b (new) 4b. Considers that the concept of Scoreboards should be modified to instead comprise two documents, one outlining a work plan and the other detailing the progress made by the Commission expressed in a quantitative fashion; calls for this document to form the basis of an annual statement of new costs to business, and an easily understandable statement or ledger of 'debits and credits' in terms of the administrative and regulatory impact of proposals adopted in the previous year, which would be useful, and would demonstrate that the Commission understands the cumulative cost of regulation is problematic;
Amendment 56 #
Motion for a resolution Paragraph 5 5.
Amendment 57 #
Motion for a resolution Paragraph 5 5. Welcomes the Commission’s
Amendment 58 #
Motion for a resolution Paragraph 5 5.
Amendment 59 #
Motion for a resolution Paragraph 5 a (new) 5a. Welcomes the Commission’s commitment to enhancing the transparency of its decisions, particularly with regard to delegated acts; is disappointed, however, at the insufficient time to be made available for submitting comments to the Commission;
Amendment 6 #
Motion for a resolution Citation 16 a (new) - having regard to the Commission communication to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions entitled ‘Better regulation for better results - An EU agenda’, COM(2015)215 of 19 May 2015; having regard to the Commission communication to the European Parliament and the Council entitled ‘Proposal for an Interinstitutional Agreement on Better Regulation’, COM(2015) 216; having regard to the Commission decision establishing the REFIT Platform C(2015) 3261 and the Commission communication entitled ‘The REFIT Platform - Structure and Functioning’ C(2015) 3260; having regard to the decision of the President of the European Commission on the establishment of an independent Regulatory Scrutiny Board C(2015) 3263 and the communication to the Commission ‘Regulatory Scrutiny Board - Mission, tasks and staff’ C(2015) 3262, and to the Commission communication ‘Standard Explanatory Memorandum’ C(2015) 3264/2; having regard to the Commission staff working document ‘Better Regulation Guidelines’ SWD(2015) 111,
Amendment 60 #
Motion for a resolution Paragraph 5 a (new) 5a. Welcomes the confirmation given by the Commission that its better regulation strategy is not aimed at deregulating particular policy areas or calling into question values to which we attach importance, such as social protection, environmental protection and fundamental rights, including the right to health;
Amendment 61 #
Motion for a resolution Paragraph 6 6.
Amendment 62 #
Motion for a resolution Paragraph 6 6.
Amendment 63 #
Motion for a resolution Paragraph 6 6. Points out that four members of the High
Amendment 64 #
Motion for a resolution Paragraph 7 Amendment 65 #
Motion for a resolution Paragraph 7 7.
Amendment 66 #
Motion for a resolution Paragraph 7 7. Underlines that the social partners may, in accordance with Article 155 TFEU, conclude agreements that can be implemented uniformly; calls on the Commission to respect the autonomy of the parties and their negotiated agreements, and to take their concerns seriously, and stresses that the
Amendment 67 #
Motion for a resolution Paragraph 7 7.
Amendment 68 #
Motion for a resolution Paragraph 7 7. Underlines that the social partners may, in accordance with Article 155 TFEU, conclude agreements that can be implemented uniformly; calls on the Commission to respect the autonomy of the parties and their negotiated agreements, and to take their concerns seriously, and stresses that the REFIT agenda should not be a pretext for disregarding agreements reached between the social partners; calls therefore for the hairdressers social partner agreement on occupational health and safety to be adopted;
Amendment 69 #
Motion for a resolution Paragraph 7 7. Underlines that the social partners may, in accordance with Article 155 TFEU, conclude agreements that can
Amendment 7 #
Motion for a resolution Citation 18 a (new) - having regard to the proposal for a Council Directive amending Directive 2006/112/EC on the common system of value added tax as regards a standard VAT return
Amendment 70 #
Motion for a resolution Paragraph 7 7. Underlines that the social partners may, in accordance with Article 155 TFEU, conclude agreements that can be implemented uniformly; calls on the Commission to respect the autonomy of the parties and their negotiated agreements, and to take their concerns seriously, and stresses that the REFIT agenda should not be a pretext for disregarding or circumventing agreements reached between the social partners;
Amendment 71 #
Motion for a resolution Paragraph 7 a (new) 7a. Condemns the Commission’s decision not to submit a legislative proposal on occupational health and safety in hairdressing, despite agreement having been reached between the social partners;
Amendment 72 #
Motion for a resolution Paragraph 7 a (new) 7a. Calls on the Commission to create a system to compensate for new burdens on undertakings which are imposed by EU regulations, offsetting them with lighter regimes elsewhere within the acquis, in order to monitor administrative burden and to create an incentive for further review of all the legal provisions in force;
Amendment 73 #
Motion for a resolution Paragraph 7 a (new) 7a. Notes with concern that regulatory Fitness Checks may also lead to years of regulatory uncertainty for business and could put at risk the achievements and commitments of the European Union; in this context underlines the Birds and Habitats Directives importance to environmental protection and to conservation and restoration of biodiversity and natural capital;
Amendment 74 #
Motion for a resolution Paragraph 7 a (new) 7a. Points out that during the previous parliamentary term, the choice between implementing acts and delegated acts caused numerous interinstitutional disputes; considers it important, therefore, for specific guidelines to be drawn up, as requested by the European Parliament in its report adopted on 25 February 2012;
Amendment 75 #
Motion for a resolution Paragraph 7 b (new) 7b. Calls on the Commission to resume its work on the legislative proposals concerning hairdressers, musculoskeletal disorders, passive smoking, carcinogens and mutagens as occupational health and safety issues, because of the high added value at EU level and with a view to social progress under Article 3 TEU;
Amendment 76 #
Motion for a resolution Paragraph 7 b (new) 7b. Welcomes the announcement by the Commission that it intends to simplify the administration of grants under the Common Agricultural Policy (CAP), the European Structural and Investment Funds and Horizon 2020;
Amendment 77 #
Motion for a resolution Subheading 2 Amendment 78 #
Motion for a resolution Paragraph 8 8. Welcomes the recognition by the Commission of the important role played by the consultation process in the REFIT programme
Amendment 79 #
Motion for a resolution Paragraph 8 8.
Amendment 8 #
Motion for a resolution Citation 18 b (new) - having regard to the proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 861/2007 of the European Parliament and of the Council of 11 July 2007 establishing a European Small Claims Procedure,
Amendment 80 #
Motion for a resolution Paragraph 8 a (new) 8a. Observes that only by means of greater transparency can the functioning of the EU be rendered more efficient, thus also enhancing civil society’s confidence in the EU;
Amendment 81 #
Motion for a resolution Paragraph 8 a (new) 8a. Welcomes the commitment of the Commission to improving stakeholder consultation, however, expresses scepticism about the need to have a period time of consultation once a proposal has been adopted; reiterates its belief that there should be a consultation phase on a draft legislative proposal and accompanying draft impact assessment in order to allow stakeholder comments to be incorporated into the proposal ahead of its adoption by the Commission;
Amendment 82 #
Motion for a resolution Paragraph 9 9. Welcomes in this connection the Commission’s
Amendment 83 #
Motion for a resolution Paragraph 9 9. Welcomes in this connection the Commission's affirmation that dialogue with citizens, social partners and other economic and civil society stakeholders contributes to ensuring transparent, effective and coherent EU legislation; is of the opinion that public consultations via the Commission´s website cannot replace direct consultations with representatives from stakeholders;
Amendment 84 #
Motion for a resolution Paragraph 9 a (new) 9a. Supports the Commission’s intention of indicating more precisely how it arrives at its proposals, for example in the form of legislative texts or Commission communications;
Amendment 85 #
Motion for a resolution Paragraph 9 a (new) 9a. Observes that, in its better law-making strategy, the Commission significantly upgrades the role of public consultation; notes that in future the Commission will carry out a 12-week public consultation exercise (a) before drafting new legislative proposals or (b) when existing legislative provisions are assessed and their suitability checked or (c) on roadmaps and ex ante impact assessments; notes furthermore that, in addition, after a proposal has been adopted, the Commission will give citizens and stakeholders the opportunity to comment on the Commission proposal within eight weeks and will forward these positions to the Council and Parliament;
Amendment 86 #
Motion for a resolution Paragraph 9 b (new) 9b. Calls on the Commission, in this light, to conduct a balanced and transparent assessment of the positions of, and feedback from, all participants in the consultation procedure and in particular to ensure that public consultations cannot be misused for their own purposes by well funded and organised stakeholder organisations; calls on the Commission to publish its conclusions from consultations;
Amendment 87 #
Motion for a resolution Paragraph 9 c (new) 9c. Observes that impact assessments should be published only as soon as the Commission has adopted the political initiative concerned; in the interests of the transparency of Commission decisions, considers it necessary that impact assessments should also be published when it has taken the decision not to submit a legislative proposal;
Amendment 88 #
Motion for a resolution Paragraph 10 Amendment 89 #
Motion for a resolution Paragraph 10 10. Notes that the Economic and Social Committee, which enjoys consultative status, plays an key role in representing civil society
Amendment 9 #
Motion for a resolution Recital A A. whereas the
Amendment 90 #
Motion for a resolution Paragraph 10 10. Notes that the Economic and Social Committee, which enjoys consultative
Amendment 91 #
Motion for a resolution Paragraph 11 11.
Amendment 92 #
Motion for a resolution Paragraph 11 11. Considers that there should be stronger involvement on the part of regional and local authorities in EU policy making, given the fact that the decentralisation process is much more advanced in some Member States, in particular by involving Member State expertise and experience at regional and local levels at an early stage in the preparation of legislation; notes that the Committee of the Regions is an important mouthpiece for these levels of representation;
Amendment 93 #
Motion for a resolution Paragraph 11 11. Considers that there should be stronger involvement on the part of regional and local authorities in EU policy making, in particular by involving Member State expertise and experience at regional and local levels at an early stage in the preparation of legislation; notes th
Amendment 94 #
Motion for a resolution Paragraph 11 Amendment 95 #
Motion for a resolution Paragraph 11 11. Considers that there should be stronger involvement on the part of regional and local authorities in EU policy making, in particular by involving Member State
Amendment 96 #
Motion for a resolution Paragraph 11 a (new) 11a. Welcomes the Commission’s intention of making the legislative process more transparent and involving the public and stakeholder representatives more in the whole process;
Amendment 97 #
Motion for a resolution Paragraph 11 a (new) 11a. Welcomes the Commission’s decision in future also to conduct four-week public consultation exercises on draft delegated acts and major implementing acts before the Member States vote on their position in the committee responsible;
Amendment 98 #
Motion for a resolution Paragraph 11 a (new) 11a. Supports the introduction of the REFIT panel, which can make a strong and positive contribution to improving implementation on the ground of EU law, and monitoring and responding to administrative and regulatory burdens or unintended consequences which arise when applying obligations arising at EU level; believes that the REFIT panel should not be too burdensome in its processes and deliberations, but should be a body capable of fast responses as well as more detailed work into issues and opportunities in various sectors across Europe; stresses that proposals form this Panel should be actively considered by the Commission, and that the Commission should address the proposals in accordance with the 'comply or explain' principle; believes that the Panel could serve as a platform for businesses of collective groups working both nationally or across Europe to submit direct input supporting the better regulation principles of contributing to achieving less bureaucracy in the regulation applying to their sector;
Amendment 99 #
Motion for a resolution Paragraph 11 b (new) 11b. Notes the new ‘Lighten the Load – Have Your Say’ section of the Commission’s web pages on better law- making and calls for a balanced and transparent examination by the Commission and by the new REFIT Platform of the comments received there;
Amendment A #
Draft opinion Paragraph 1 1. Recognises that REFIT represents an important first step towards
Amendment AA #
Draft opinion Paragraph 1a Welcomes the Commission's better regulation package and considers it to be an important instrument for better regulation; Calls for REFIT to focus and concentrate on quality legislation and its ability to protect and promote the interests of EU citizens; Impact assessments should also evaluate the social and environmental consequences of non- legislation and its impact on the fundamental rights of citizens at EU level; Stresses that the improvement of regulation should be on the basis of quality as well as quantity;
Amendment B #
Draft opinion Paragraph 2 2.
Amendment C #
Draft opinion Paragraph 3 3. Welcomes efforts to
Amendment D #
Draft opinion Paragraph 4 4.
Amendment E #
Draft opinion Paragraph 5 5.
Amendment EA #
Draft opinion Paragraph 5 a (new) a. Reminds the Commission of the commitment it has made in the Small Business Act to implement the "think small first principle" in its policy-making; believes that this principle should reduce additional administrative and regulatory burdens that all too often impede the proper functioning of our SMEs, hinder their competitiveness and restrict their capacity for innovation and job creation; calls on the Commission to urgently review the Small Business Act to see how it can be improved to work more effectively, in line with the better regulation agenda;
Amendment F #
Draft opinion Paragraph 6 6.
Amendment G #
Draft opinion Paragraph 7 7. Urges the Commission and co- legislators to continue to improve the legislative cycle and to introduce
Amendment H #
Draft opinion Paragraph 8 8. Calls on the Commission to seek a wider range of cooperation with different stakeholders, e.g social partners and enterprises, to find ways to create jobs and reduce burdens on SMEs, micro- enterprises and start-ups and to prioritise action in the fields
Amendment I #
Draft opinion Paragraph 8 a (new) a. Calls on the Commission to produce its detailed impact assessment on the Working Time Directive; is also concerned about the burdens placed on SME's by the implementation of the REACH directive and its consequent impact on employment in European SMEs in the chemical industry; welcomes therefore the Commission's willingness to ease the burden on SMEs complying with the REACH directive, without compromising on health, safety and employment standards;
Amendment J #
Draft opinion Paragraph 9 9. Calls on the committee responsible to systematically review Commission impact assessments and review IMPA’s analysis as early as possible in the legislative process, and to call for independent impact assessments on its own reports
Amendment K #
Draft opinion Paragraph 9 a (new) a. Notes that legislation on employment and health and safety represents minimum standards of protection of workers which Member states can go beyond; recalls that gold-plating by the Member States can add complexity to regulation and further reduce compliance; believes that transposition measures must be clear and simple; recommends that Member States avoid adding to the administrative burden when transposing EU legislation to national law;
Amendment L #
Draft opinion Paragraph 8 b (new) b. Recalls Article 155 TFEU; Calls on the social partners to embrace better regulation tools, to increase the use of impact assessments in their negotiations and refer agreements proposing legislative action to the Commissions Impact Assessment Board;
Amendment M #
Draft opinion Paragraph 9 b (new) b. Stresses the need for a bottom-up approach to better regulation; recalls the European Parliament's request to establish a new group on Better Regulation composed of stakeholders and national experts; welcomes the Commission's proposals to establish a "European Stakeholder Platform" on better regulation, emphasizes that the Platform shall consist of relevant stakeholders, including official representatives from the civil society, the social partners, consumer organizations and the business community especially SME's which represent 80 % of European job-creation; the European Stakeholder Platform must be visible and independent and access the administrative burdens caused by legislative proposals, the cost of compliance, the respect of the principles of subsidiarity and proportionality; stresses that proposals from this platform should be actively considered by the Commission; underlines that this group should also propose initiatives to improve regulation and help Member States to implement EU legislation at national level;
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other |
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procedure |
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