1. Clarifying gold-plating - Better Implementation of EU Legislation

2. A joint project The Swedish Better Regulation Council (Regelrådet)– independent government appointed committee of inquiry. A joint project with the Board of Swedish Industry and Commerce for Better Regulation (NNR). Different starting points but the same overall goal- reducing the effect of regulations on business.

3. Overview Target: Regulations that have an impact on business. Analysis of the European legislative procedure. Main questions addressed: Is there consensus within the Swedish business community, the Government and the central government administration as to which phenomena are covered by gold-plating and is it possible to find a generally applicable and usable definition of the concept? What can be done to avoid implementation of EU legislation creating unnecessary competitive disadvantages for companies?

4. Recommendations to the Swedish Government The minimum level for implementation of Directives should be determined in each individual case. The minimum level should serve as a guideline in the implementation, if there are reasons to exceed, this should be clearly described and the impact on business analysed and reported in a public document. After consultation with stakeholders, a generally applicable definition for Sweden of the concept ‘gold-plating’ should be decided. One that is clear and usable in discussions of alternatives that exceed the minimum level in the implementation of EU legislation.

5. Using the national IA to clarify gold-plating The national IA should contain a description of the EU regulation’s scope and minimum level and it should also be stated whether the proposal entails: Adding regulatory requirements. Extending the scope. Not taking advantage of derogations. Keeping national requirements which go beyond what is required by the Directive. Introducing national regulatory requirements, which fall outside of the aim of the Directive. Earlier implementation. Stricter sanctions.

6. About NNR Founded in 1982 as an independent, non-party political business organisation entirely funded by its members. Members: 14 business organisations representing around 300 000 companies in Sweden; of all sectors and sizes. Advocates a regulatory process that delivers business- friendly regulation - in Sweden, the EU (BusinessEurope) and internationally (OECD/BIAC).

7. Gold-plating and the single market What we call gold-plating can greatly influence the level of success of the single market… …and the competitiveness of European business. Why? Uncertainty, and unnecessary regulatory costs.

8. Gold-plating is allowed but not always ‘smart’ ‘Comply or explain’. BusinessEurope joint position. Proposal from EP: Introduce reporting requirements in order that Member States have to provide information about if and why they decide to gold-plate.

9. Thank you for your time! More information and the report can be found on: www.regelradet.se/en and www.nnr.se