EU-REPORT: Better EU Law Making (Premium)

It is important for the aerosol industries to apply simple EU laws in order to sell products in one single European market – By Pierre V. Costa

In 2016, the three main European Institutions (Commission, European Parliament and Council) adopted in April 2016 an “Agreement on Better Law Making”. The three institutions recognize their responsabilities to deliver common EU policy objectives avoiding overregulation and administrative burdens for businesses.

It was agreed that the three institutions will only legislate where and to the extent necessary.

COMMITMENTS

The existing EU Institutions agreed that the Union legislation should be comprehensible and clear, allowing businesses to easily understand their rights and obligations avoiding overregulation and administrative burdens and practical to implement.

The EU Commission Work Programme will include major legislative and non-legislative proposals for the following year, including repeals, recasts simplifications and withdrawals. For each item, the EU Commission Work Programme will indicate the intended legal basis, the type of legal act, an indicative timetable for adoption of the proposal and any other relevant procedural information, including information concerning impact assessment and evaluation work.

The European Parliament and the EU Council upon considering the Commission legislative proposals, will take full account of the Commission’s impact assessments.

CONSULTATION AND FEEDBACK

The EU Commission will, before adopting a proposal, conduct public consultations in an open and transparent way, ensuring that the modalities and time-limits of those public consultations allow for the widest possible participation. This will include public internet-based consultations. The results of public and stakeholder consultations shall be communicated without delay to both co-legislators and made public.

The EU commission shall provide in relation to each proposal an explanation and justification to the European Parliament and to the Council regarding its choice of legal basis and type of legal act in the explanatory memorandum accompanying the proposal. The Commission should take due account of the difference in nature and effects between regulations and directives.

The European Commission shall also explain in its explanatory memoranda how the measures proposed are justified.

IMPLEMENTATION OF THE UNION LEGISLATION

The three Institutions stress the need for a swift and correct application of the Union legislation in the Member States. The time limit for the transposition of the directives will be as short as possible and generally will not exceed twenty- four months.

The three Institutions commit to promoting the most efficient regulatory instruments, such as harmonization and mutual recognition, in order to avoid overregulation and administrative burdens.

The three Institutions agree to co-operate in order to update and simplify legislation and to avoid overregulation and administrative burdens for businesses, while ensuring that the objectives of the legislation are met. In this context, the three Institutions agree to exchange views on this matter prior to finalization of the Commission Work Programme.

LEGISLATIVE PRIORITIES FOR 2017

This year, the EU gives priority treatment to legislative initiatives in the following areas:

  • giving a new boost to growth and investment through improving waste management in a circular economy;
  • addressing the social dimension of the EU allowing easier access of accessible products to the market;
  • better protecting citizens’ security through a better protection of external borders;
  • delivering on a digital single market through reforming the EU telecoms and copyright rules;
  • building an energy union and a forward looking climate change policy;
  • tackling tax fraud, tax evasion and tax avoidance, as well as ensuring a sound and fair tax system.

The three Institutions will regularly monitor the timely implementation and enforcement of proposed and existing legislation.

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