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

2. 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,
DEBR

3. 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,
DEBR

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

5. Complexe Structures
EPAN, DG meeting,
DEBR

6. 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,
DEBR

7. 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,
DEBR

8. 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,
DEBR

9. 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,
DEBR

10. 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,
DEBR

11. Organisation: Council structure
EPAN, DG meeting,
DEBR

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

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

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

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