6 "Better Lawmaking 2005"
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10558/06
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COM(06) 289
| Report from the Commission Better Lawmaking 2005 pursuant to Article 9 of the Protocol on the application of the principles of subsidiarity and proportionality
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| Legal base | — |
| Document originated | 13 June 2006
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| Deposited in Parliament | 21 June 2006
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| Department | Cabinet Office
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| Basis of consideration | EM of 26 June 2006
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| Previous Committee Report | —
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| To be discussed in Council | —
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| Committee's assessment | Legally and politically important
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| Committee's decision | Cleared
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Background
6.1 Under Article 9 of the protocol to the EC Treaty on the application
of the principles of subsidiarity and proportionality the Commission
is obliged to publish annual reports on the Communities' legislative
activities.
The Document
6.2 This is the Commission's thirteenth annual report on "Better
Lawmaking", which provides an overview of the principal developments
in Community lawmaking during 2005. The report focuses on better
regulation efforts in the European Community over the past year,
reviewing the implementation of the Commission's better regulation
action plan of 2002[22]
as revised in March 2005[23]
and the inter-institutional agreement on "Better Lawmaking"
of December 2003.[24]
This is followed by an examination of the application of the principles
of subsidiarity and proportionality by the Community institutions.
BETTER REGULATION
6.3 The report sets out the main developments and initiatives
under this heading during 2005. The information is presented separately
in relation to each of the relevant parties — the Commission,
the other EU institutions, and the Member States. The report emphasises
the launch of several new initiatives during 2005.
6.4 In June 2005 the Commission published improved
impact assessment guidelines and the number of impact assessments
carried out rose significantly — 77 compared with 29 in
2005. A methodology for estimating administrative costs imposed
by EU legislation was presented, and included in the new guidelines.
6.5 In 2005 the number of Commission consultations
also increased — there were 11 more internet-based consultations
than in 2005. SINAPSE, a new interface between experts and EU
policy makers was also launched. Over 300 scientific organisations
have registered so far. A high-level group of national regulatory
experts was established to advise the Commission on better regulation
issues. To improve transparency, the Commission has set up a public
register with information on approximately 1200 expert advisory
groups.[25]
6.6 In October 2005 the Commission launched a three-year
rolling programme to simplify 222 legislative acts. The rolling
programme will be subject to regular reviews.
6.7 Recognising the crucial importance of the quality
of national legislation and the transposition of EU legislation
as part of the better regulation agenda, the Commission has called
on Member States to provide regular reports on their activities
and intentions in their national "Lisbon" programme.
SUBSIDIARITY AND PROPORTIONALITY
6.8 The report provides an overview of the Community's
ongoing attempts to ensure compliance with these principles. The
Commission argues that its introduction of a new system for drafting
explanatory memoranda for legislative proposals has led to a more
detailed and systematic presentation of the justification of the
need for EU action.
6.9 The report summarises the pilot project organised
by COSAC[26] to test
the subsidiarity early warning mechanism on the selection of proposals
originally submitted in 2004. The subsidiarity early warning mechanism
was provided for in the Constitutional Treaty. Out of the 31 chambers
that participated, twenty considered that the Commission did not
adequately justify its proposals in regard to subsidiarity. Fourteen
thought in at least one instance the Commission had breached the
subsidiarity principle. The Commission argues that these results
both highlighted the need to work out a common understanding of
the meaning of the subsidiarity principle and a clear need for
a renewed and ongoing efforts by the Commission to improve the
presentation of its subsidiarity justification of its legislative
proposals.
6.10 In relation to ex-post judicial control the
principle of subsidiarity was referred to in four judgments and
orders delivered by the Court of Justice or the Court of First
Instance during 2005. However, no breach of the principle was
found. The principle of proportionality was also analysed in several
judgments, leading the European Court of Justice to conclude that
there were instances where the obligations provided for were not
necessary to reach the objectives set by a contested directive.
LEGISLATIVE ACTIVITY IN 2005
6.11 The total number of Commission proposals in
2005 was 439 compared with 532 in 2004. The decrease applies to
all types of proposals: regulations (-21), directives (-24), decisions
(-46) and recommendations (-2). The highest number of proposals
(mostly regulations) was in the field of trade policy (73).
The Government's view
6.12 In her explanatory memorandum of 26 June 2006
the Minister for the Cabinet Office and Chancellor of the Duchy
of Lancaster (Hilary Armstrong) sets out the Government position
as follows:
"Better Regulation is a major priority for the
UK Government. We welcome the progress that has been made by the
Commission in 2005. The joint initiative signed by the UK, Austria
and Finland in December will help to sustain the momentum throughout
2006.
"In particular, the Government is pleased that
the Commission is carrying out impact assessments on all legislative
proposals which appear in its Annual Work Programme. The inclusion
of the methodology to measure administrative burdens in the Commission's
impact assessment guidelines is an important step forward. We
also welcome the three-year simplification programme which we
will monitor closely. The Government recognises the need for the
Council and European Parliament to work with the Commission to
reach agreement on simplification proposals as quickly as possible.
"Point 37 of the June European Council conclusions
urged the Commission to strengthen the role of national parliaments
in monitoring adherence to the principle of subsidiarity, as follows:
'... the Commission to duly consider comments by
national parliaments — in particular with regard to the
subsidiarity and proportionality principles. National parliaments
are encouraged to strengthen cooperation within the framework
of the Conference of European Affairs Committees (COSAC) when
monitoring subsidiarity.'"[27]
6.13 The Government also informs us that it does
not intend to carry out an external consultation on this document.
Conclusion
6.14 We thank the Minister for her summary of
the report and outline of the Government's view. We too welcome
the efforts by the Commission to improve law making at EU level
and in particular the overall decrease in the Community legislative
proposals in 2005 compared to the previous year. However, we emphasise
that in our view the report is of too high a degree of generality
to justify identifying any reliable trends. On this basis we are
content to clear the document.
22 COM(02) 278 final, Commission communication: Action
Plan "Simplifying and improving the regulatory environment". Back
23
COM(05) 97 Commission communication: Better regulation for growth
and jobs in the European Union. Back
24
OJ No. C 321, 31.12.2003. Back
25
http://ec.europa.eu/secretariat_general/regexp/index.cfm. Back
26
Community and European Affairs Committees of the Parliaments of
the European Union. Back
27
http://www.consi1iurneuropa.eu/ueDocs/cms Data!docs/pressData/en/ec/90111.pdf. Back
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