7. BETTER LAWMAKING
(24097)
15540/02
COM(02)715
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Commission Report to the European Council : Better lawmaking 2002.
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| Legal base: | —
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| Document originated: | 11 December 2002
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| Deposited in Parliament: | 16 December 2002
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| Department: | Cabinet Office
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| Basis of consideration: | EM of 6 January 2003
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| Previous Committee Report: | None
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| To be discussed in Council: | No date set
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| Committee's assessment: | Legally and politically important
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| Committee's decision: | Cleared
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Background
7.1 Since the Edinburgh European Council in December
1992, the Commission has produced annual reports dealing with
progress made in improving legislation in the EU. From 1995 onwards
the reports have considered not only the application of the principles
of subsidiarity and proportionality, but also ways of making legislation
simpler, more understandable and more accessible.
7.2 When we considered the Commission's report for 2001,
we stated that we would have found the report's engagement with
the principles of subsidiarity and proportionality more persuasive
if it had given details of occasions when these principles had
persuaded the Commission not to bring forward proposals.
The report
7.3 As with previous reports, the first part is concerned
with the operation of the principles of subsidiarity and proportionality.
The second part describes the legislative activity of the Community
in 2001 and the final part is concerned with the quality of lawmaking.
7.4 The discussion of the principles of subsidiarity
and proportionality refers to legislative activity in relation
to 'immigration, criminality and security at external borders',
as well as in relation to transport safety, sustainable development
and development cooperation. However, in each instance the report
discusses how application of the principles led the Commission
to introduce proposals, rather than to decide not to act at Community
level. For example, the case of the proposal for a recommendation
on the application of health and safety legislation to self-employed
workers, a proposal based on Article 308 EC and therefore one
for which the Treaty has not provided the necessary powers, is
described merely as one where these principles led the Commission
'to pay particular attention to the Explanatory Memorandum'. As
before, the report contains no instance of a decision by the Commission
not to make a proposal because of respect for the above principles.
7.5 More helpfully, the report notes that although equally
bound by the principles of subsidiarity and proportionality, the
Council of Ministers and the European Parliament have contrasting
approaches. The Council is described as taking particular care
to ensure respect for these principles, whereas the European Parliament's
approach is 'geared more towards preserving the Community's powers'.
7.6 In describing the Community's legislative activity
in 2002, the Commission points out that there is a continuing
decline in the overall number of proposals made by the Commission
since the completion of the internal market. (There has been a
fall from 787 in 1990 to 316 in 2002). The Commission also emphasises
its increased efforts to conduct wide consultation before making
proposals. It points out that in 2002 it issued two Green Papers
and 95 communications of a consultative nature. The Commission
also recalls that in 2002 it set itself minimum standards for
consultation, including a minimum period of consultation of eight
weeks and a single contact point for responses.
7.7 On the quality of lawmaking, the Commission reviews
progress in the recasting, consolidation and codification of Community
legislation.
The Government's view
7.8 In his Explanatory Memorandum of 6 January 2003 the
Minister for the Cabinet Office and Chancellor of the Duchy of
Lancaster (Lord Macdonald of Tradeston) welcomes the inclusion
in the report of a discussion of the different approaches taken
by the Council and the European Parliament. The Minister notes
that the report does not go into any detail on how the subsidiarity
principle might be strengthened, since the Commission has preferred
to leave that debate to the Convention on the Future of Europe.
The Minister comments further, as follows:
"The Government is extremely supportive of efforts by the
Commission to improve and simplify the regulatory environment
in the EU, and warmly welcomed the Commission's Better Regulation
Action Plan when it was adopted in June 2002, calling for its
full and timely implementation. The Government is encouraged by
developments within the Commission since June, especially with
regard to putting systems in place for the production of impact
assessments and looks forward to seeing proposals accompanied
by proportionate impact assessments from start 2003, as the system
is gradually introduced.
"The Government welcomes the Commission's efforts which are
addressed at the existing stock of Community legislation and looks
forward to its forthcoming Communication on simplification, early
in 2003.
"The Government will be maintaining a strong interest in
EU better law-making initiatives, and intends to play an active
role, along with other Member States in monitoring the implementation
of the strategy contained in the Action Plan. It looks forward
to receiving full progress reports on a regular basis."
Conclusion
7.9 We broadly agree with the Minister's assessment
of the Commission's report, in particular with the value of the
discussion of the different approaches taken by the Council and
the European Parliament to the question of subsidiarity. However,
as we commented on the last such report, we would have found the
Commission's engagement with the principles of subsidiarity and
proportionality more convincing if the report had given details
of occasions when these principles had persuaded the Commission
not to bring forward proposals.
7.10 We have no questions to put to the Minister and
we clear the document.
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