33 Monitoring the application of Community
law (2002)
| (25192)
15885/03
COM(03) 669
| Commission's 20th Annual Report on monitoring the application of Community law (2002)
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| Legal base | — |
| Document originated | 21 November 2003
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| Deposited in Parliament | 22 December 2003
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| Department | Foreign and Commonwealth Office
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| Basis of consideration | EM of 15 January 2004
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| Previous Committee Report | None
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| To be discussed in Council | Not applicable
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| Committee's assessment | Legally and politically important
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| Committee's decision | Cleared
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Background
33.1 The 20th annual report is the latest Commission
examination of the application of Community law by Member States.
These reports are made annually.
The document
33.2 The report follows the pattern of reports in previous years.
Its first part consists of a general description of the results
of Commission monitoring of the application of Community law in
2002, including a statistical comparison with previous years,
a general review of the transposition of Community directives
into national law, and an overview of infringement proceedings
commenced or handled by the Commission during the year.
33.3 The second part of the report consists of a
sector-by-sector analysis of the implementation of Community law.
There are chapters on economic and financial affairs, various
business and industry sectors, competition, employment and social
affairs, agriculture, energy and transport, information society,
environment, fisheries, internal market, regional policy, taxation
and customs union, education, audio-visual media and culture,
health and consumer protection, justice and home affairs, budget
and personnel and administration. For each sector, there is a
description of the implementation of applicable directives and
other measures and of infringement cases brought by the Commission
against the Member States.
33.4 In reviewing the trends in the implementation
of Community law over the 20-year monitoring period, the Commission
notes that complaints about the implementation of Community law
have risen steadily, from an average of 536 in 1983-89 to 1,047
in 1990-98 and 1,346 in 1999-2002. The sectors attracting two-thirds
of complaints between 1990 and 2002 were the single market and
the environment. The Commission, however, cautions that trends
must be seen in light of extensive changes to the Commission's
internal structures and the evolution of common policies (for
example, the introduction of the single market).
33.5 On transposition, the report notes that the
Commission has launched Article 226 proceedings on a much more
automatic basis and at regular intervals. The report recognises
that the case load for infringement is dependent on the rising
number of Directives in force, and on Member States' discipline
on implementation, and can vary from year to year. It reports
that, in 1982, 640 Directives were in force, with an average transposition
rate of 89.58% which, by 2002, had risen to 2,240 Directives in
force with an average transposition rate of 98.87%. The report
notes that certain Member States need to make progress to achieve
the Stockholm target of a 98.5% transposition rate.
33.6 The report also notes measures that the Commission
has adopted to improve the monitoring of the application of Community
law, following the completion of its review in the light of the
European Governance White Paper. The report notes that the Commission
has set up a web site on monitoring application, has intensified
contact with Member States, and has undertaken internal organisational
and structural changes to improve monitoring and the consistency
of preventative and remedial actions.
The Government's view
33.7 In his Explanatory Memorandum of 15 January
2004 the Minster for Europe at the Foreign and Commonwealth Office
(Mr Denis MacShane) comments as follows:
"The Government continues to give strong support
to the Commission's drive to secure proper implementation and
enforcement of Community legal obligations and compliance with
judgements from the European Court of Justice. This report both
highlights the importance of effective implementation and the
work needed on the part of national administrations to achieve
this.
"The report includes details of Member States'
performances on infringement cases and on notification of rational
measures in implementing directives. In relation to infringement
cases, Annex I shows the UK tends to be one of the better performing
among the larger Member States. In Annex IV the table shows a
disappointing 94.7% notification rate for implementation of directives
in comparison with other Member States. However, this is just
a snapshot of the position in 2002 and the Commission has recently
released the internal market scoreboard that shows that the UK
had implemented in excess of the 98.5% target for internal market
directives. The Commission has commented that the UK is among
the Member States which 'have organised themselves to ensure that
they have a generally good record of implementing directives on
time'. Nevertheless, the Government is not complacent and is
continuously seeking ways to improve the quality and timeliness
of its transposition of Community law.[71]
"The Government welcomes the Commission's sustained
efforts to speed up Member States' application of Community law
and the role this report plays in highlighting progress made.
"No compliance with cost assessment is provided
for this report, as there are no associated cost implications
for business."
Conclusion
33.8 As in previous years, the Commission has
produced a comprehensive report, it shows that the overall level
of compliance by Member States with their Community law obligations
remains very high, and that a number of Member States have made
particular efforts in this regards.
33.9 We welcome the Commission's finding that
the UK's implementation record is generally good. We particularly
welcome the Government's efforts to ensure that the UK's performance
in this regard will in future be reflected in a significantly
improved notification rate. Although the subject matter of the
report is legally and politically important, we have no questions
to raise and see no reason to recommend a debate. We therefore
clear the document.
71 The apparent contradiction between the lower notification
rate for implementation of Directives and the higher transposition
rate for internal market Directives can be explained as follows.
First, Member States may transpose a Directive and yet fail to
notify having done so in time. Secondly, the higher transposition
rate in excess of 98.5% only refers to internal market Directives
where the transposition is particularly scrupulously monitored,
which occurred for a substantial share of the total number of
Directives but by no means all of them. Back
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