Milestones on the way to Better Regulation at the European Union level PD Dr. Götz Konzendorf Dr. Peter Wordelmann

Milestones on the way to Better Regulation at the European Union level The task: Inventory of all groups working on Better Regulation at the European level Report on the state of play of all written recommendations since November 2001 (Mandelkern) Ideas on the development of the DEBR-Group EPAN, DG meeting, 9.06.2005 DEBR

Structure of the Report Preamble Abstract The Mandelkern-Report – On Better Regulation (summary) Analysis of Documents (Commission, Council, Parliament, EESC, COR) since 2001 Alternatives Impact assessment Consultation Simplification and better access Effective structures Transposition and application Administrative burdens Indicators of quality Organisation of Better Regulation EPAN, DG meeting, 9.06.2005 DEBR

Important topics Process optimization Simplification Improved transposition and application Policy evaluation Organisational development EPAN, DG meeting, 9.06.2005 DEBR

Complexe Structures EPAN, DG meeting, 9.06.2005 DEBR

Process optimization: Impact assessment and better access Impacts on environment social affairs economy (administrative burdens, SMEs …) Consultations incl. better access via internet – documentation: status of law making process EPAN, DG meeting, 9.06.2005 DEBR

Simplification The institutions state great deficits related to codification less progress in consolidation considerable progress in access to regulations The most important question is: What are usefull methods, instruments and institutions for codification? EPAN, DG meeting, 9.06.2005 DEBR

Improved transposition and application Main Problems: Delayed implementation Non-implementation Gold plating Preventive measures: target-based tripartite contracts, new Commission group „better coordination“ … Sanctions: infringement procedure, time limits … EPAN, DG meeting, 9.06.2005 DEBR

Policy evaluation Design and development of indicators by high level Commission group Three systems of indicators For Member States with less experience For Member States with few experience For Member States with quality assurances EPAN, DG meeting, 9.06.2005 DEBR

EPAN, DG meeting, 9.06.2005 DEBR Area Institution Process optimisation Simplification Implementation Evaluation Commission • comprehensive, integrated RIA as core element • joint responsibility of the institutions • RIA also for substantial changes by Council and Parliament • after RIA, simplification is the second core element of Better Regulation • calls for more political commitment • new programme planned, as success has been too limited to date • preference given to preventive measures for controlling implementation (target-based tripartite agreements and contracts, preventive discussions, new Commission group for supporting Member States) • better co-operation among the Member States • regulatory agencies • development of indicators to measure quality of regulations at the EU level and the Member States Council • impact assessment with focus on administrative burdens, quantification and competition test • emphasises responsibility of the Commission in codification • conflicts in the selection of areas for simplification • accelerated working procedures have not yet been introduced very little reference • introduction of indicators in agreement with the Member States Parliament • quantification of regulatory impact, esp. administrative burdens • danger of expertocracy and additional bureaucracy • scepticism about self-regulation on account of democratic control • in favour of simplification • stricter sanctioning of infringements (infringement proceedings) • target-based tripartite agreements and contracts EESC • integrated RIA with special consideration of SMEs and practicability review • ex post consultations • simplification necessary at all levels • introduce exceptions for SMEs • regulations preferred to directives to avoid “gold plating” • problem is primarily with the Member States (90% of regulations below the EU level) • the standardised implementation of EU regulations in the Member states and avoiding “gold plating” are important CoR • RIA with subsidiarity review and impact for the regional and municipal level • review of the competencies of the EU • regulations preferred to directives (subsidiarity) • regulation at the lowest possible level (subsidiarity) • increased use of target-based tripartite agreements • more commitment by the Commission EPAN, DG meeting, 9.06.2005 DEBR

Organisation: Council structure EPAN, DG meeting, 9.06.2005 DEBR

Characteristics of the DEBR-Group informal medium level of institutionalisation medium level of support to impact assessment, access, simplification … EPAN, DG meeting, 9.06.2005 DEBR

Organizational development of the DEBR-Group: Potential for developing responsibilities and organisation of the DEBR Group EPAN, DG meeting, 9.06.2005 DEBR

Organizational development of the DEBR-Group: Possible implementation strategy for the DEBR Group (stage model) EPAN, DG meeting, 9.06.2005 DEBR

Organizational development of the DEBR-Group: Possible implementation strategy for the DEBR Group (muddling through) EPAN, DG meeting, 9.06.2005 DEBR