EUU, Alm.del - 2019-20 - Bilag 255: Breve til nyudnævnte kommissærer

Europaudvalget 2019-20
EUU Alm.del Bilag 255
Offentligt

Maroš Šefčovič,

Vice-President for Interinstitutional Relations and Foresight

European Commission

MINISTER FOR INDUSTRY,

BUSINESS AND FINANCIAL

AFFAIRS

Dear Commissioner

Maroš Šefčovič,

Please accept my warmest congratulations on your appointment as Vice-

President for Interinstitutional Relations and Foresight.

Clear, simple and efficient regulation of a high quality is a precondition for

delivering solutions to the major challenges facing our society. It is the

foundation for a fair, green and competitive EU ensuring a high level of

protection of consumers, climate and employees, while promoting eco-

nomic growth, innovation and jobs.

I have some reflections on the future agenda on better regulation that I hope

you will read with interest.

European legislation fit for the digital age

With reference to your statements in the parliamentary hearing, I fully

share your opinion that all European legislation should be fit for the digital

age. Unfortunately, we see an increasing complexity and fragmentation of

the regulatory environment - both at national and EU level. Existing and

new EU regulation does not always accommodate the way in which new

technologies and business models create value for businesses, citizens and

society. This creates regulatory uncertainty slowing down innovation and

negative impact on our competitiveness.

Therefore, I welcome your ambitions to promote legislation that is digital-

by-default and future-proof and I look forward to your work on foresight

that I believe can contribute to regulation that is suited to the technologies

of tomorrow. In Denmark, we have introduced a set of principles on digi-

tal-by-default and future-proof regulation. I would be happy to share our

experience on the use of these principles in lawmaking and further discuss

how such principles could be implemented at the European level. Attached

you will find a non-paper explaining the Danish principles and priorities

on this agenda.

An intelligent model for implementing

“One-in,

One out”

The

Commission’s instrument to deliver on the “One in, One out”-princi-

ple at European level will be crucial and we stand ready to contribute to

the development of this instrument. It will be important to ensure an intel-

ligent model, which delivers more simple, effective and future-proof regu-

lation while contributing to the green transition and better protection of

MINISTRY OF INDUSTRY, BUSI-

NESS AND FINANCIAL AFFAIRS

Slotsholmsgade 10-12

DK-1216 Copenhagen K

Tlf.

Fax

+45 33 92 33 50

+45 33 12 37 78

CVR-nr. 10 09 24 85

EAN nr. 5798000026001

[email protected]

www.em.dk

EUU, Alm.del - 2019-20 - Bilag 255: Breve til nyudnævnte kommissærer

consumers, health, environment and

workers’ rights.

The right implemen-

tation model of the principle has the potential to lift the better regulation

agenda - ranging from impacts assessments and regulatory scrutiny to im-

plementation and evaluation.

As you have rightly indicated, simplification and removal of unnecessary

burdens will require regulation that is fit for digital solutions and technol-

ogies. We need to get rid of outdated regulation, paper forms and introduce

user-friendly digital solutions that adapt to the feedback from users.

Strengthening the efforts on implementation and enforcement

Better regulation also serves as an essential element for improving the im-

plementation and enforcement of our common rules governing the Single

Market. Reaping such benefits require that implementation and enforce-

ment are taken due into account in every step of the legislative cycle based

on a positive and continuous dialogue between Member States and the

Commission from the preparation of impact assessments to the final entry

into force. A consecutive and coordinated focus on the implementation and

enforcement of specific legislation has the potential to deliver better and

uniform results for consumers, workers, businesses and citizens in the EU.

We have several proposals, highlighted in the attached non-paper regard-

ing better implementation and enforcement.

Better regulation as a driver for green sustainable growth

An efficient regulatory policy is key for the transition to a carbon-neutral

economy. An enabling regulatory framework that promotes innovation,

competitiveness and employment is the precondition for sustainable

growth. Sustainability must be mainstreamed across the better regulation

tools and improved assessments of climate impacts for all relevant new

proposals are needed.

I hope these ideas inspire you as you develop your priorities as Vice-Pres-

ident for Interinstitutional Relations and Foresight. I wish you every suc-

cess in your new role and look forward to our future cooperation.

Yours sincerely,

Simon Kollerup

EUU, Alm.del - 2019-20 - Bilag 255: Breve til nyudnævnte kommissærer

Strengthening the Single Market through better implementation and enforcement

Proposal

New transposition and application tools are needed to ensure that current rules are transparent and

uniformly implemented and complied with across Member States. Among these are:



Templates and analyses to ensure transparent implementation: Drawing on the experiences in financial

services, the use of implementation templates should be made obligatory on a trial basis to ensure that

businesses have access to an overview of the specific areas where national rules differ from the

adopted EU legislation. This should be supported by ongoing analyses on the differences in

implementation across Member States which should be initiated by the Commission in order to

increase knowhow and transparent implementation.

A strengthened Single Market Scoreboard: The Single Market Scoreboard should be developed to

promote enforcement and strengthen compliance in practice. The Commission is for example

encouraged to broaden its scope to cover the qualitative implementation of legislation. Furthermore,

the Single Market Scoreboard should reflect the developments in terms of national rules on goods and

services by linking the Scoreboard with the number of notifications in the TRIS and IMI databases.

Criteria for infringement procedures: Building on the principles set out in the Communication EU law:

Better results through etter appli atio ,

the Commission should develop and apply a set of criteria as

a basis for launching infringement procedures. These criteria should be used to ensure consistency in

the detailed process of assessment and selection. The criteria should also indicate overall political and

strategic priority areas of the Commission, including prioritisation of violations entailing distortion of

competition.

Single Market implementation reviews: With inspiration from the Environmental Implementation

Review (EIR), the Commission should conduct implementation reviews on a regular basis of each

Me er State’s i ple e tatio of sele ted

pieces of horisontal Single Market legislation. The aim

should be in constructive dialogue with Member States to set out proposals on how to improve the

implementation to strengthen the basic principles governing the Single Market. Inspiration may also be

found in the better regulation method related to neighbour

he ks .

Strengthening enforcement: Efficient and systematic efforts to enforce regulation are indispensable to

the optimization of the entire policy process. It must be clear what determines policy outcomes

–

the

rules or their a tual appli atio . I order to stre gthe the Co

issio ’s ork i this area an

institutional strengthening should be considered, e.g. by assigning a vice-president with responsibility

for better regulation, implementation and enforcement. Explicitly highlighting implementation and

enforcement as the responsibility of a vice-president would raise the political focus on this agenda and

make it a central element in every new policy initiative.



Challenge

Diverse application of the EU-law increases administrative burdens and reduces legal certainty for

usi esses detri e tal to ross order trade a d i est e t se urity. Opti izi g Europea usi esses’

framework conditions, including legal certainty necessitates coherent and effective application of the rules

governing the Single Market. A more transparent and uniform application of the Single Market acquis will

EUU, Alm.del - 2019-20 - Bilag 255: Breve til nyudnævnte kommissærer

benefit especially SMEs that are disproportionally affected by diverse application of EU-rules due to their

scarce resources and limited capacity to keep track of a complex and quickly changing legal environment.

Background

The enforcement and implementation agenda i a prominent priority in the current Commission. The launch

of the compliance package, including e.g. the regulation on a Single Digital Gateway and an action plan for

SOLVIT are important initiatives which aim at simplifying the life of businesses in practice. However, more

can be done by building on existing mechanisms and applying these more systematically and with more

transparency. Making the very basis of the Single Market function better is a precondition for developing

the Single Market further.

EUU, Alm.del - 2019-20 - Bilag 255: Breve til nyudnævnte kommissærer

Digital-by-default and future-proof regulation

Proposal

To ensure that EU regulation is digital-by-default and future-proof, the Commission should introduce a set

of principles on digital-by-default and future-proof regulation and initiate targeted measures at all stages of

the legislative cycle to enforce these principles. These measures should have a two-fold purpose:

1. Enable digital administration to promote more user-friendly and efficient public services to

businesses and citizens as well as to improve enforcement and prevent errors and fraud.

2. Provide a future-oriented regulatory framework to accommodate and enable businesses to

innovate and apply new technologies and business models.

The set of principles could be the following six: 1) Simple and clear rules, 2) Accommodate new business

models and technology-neutrality, 3) Digital communication, 4) Automated digital case processing, 5)

Coherence and consistency across regulation and authorities - uniform concepts and reuse of data, 6)

Improving enforcement and preventing errors and fraud. Needless to say, safe and secure data handling is

a fundamental precondition that should accompany these efforts. See annex 1 for a description of the

principles.

It is vital to ensure that the principles on digital-by-default and future-proof regulation are considered by

the relevant Directorate-General in the early drafting stages of a proposal and in relation to the impact

assessments. The implementation of the following procedures will ensure proper enforcement of the

principles. An early screening could determine whether the principles are relevant and, if that is the case,

whether they have been followed. The existing better regulation structure within the Secretariat-General

could carry out the screening drawing on the expertise from relevant units in DG CONNECT and DG DIGIT.

Measures later in the legislative process can also be considered - such as ex-ante digital-by-default and

future-proof checks by the Regulatory Scrutiny Board. Finally, ex-ante and ex-post evaluations such as user

journeys, user-friendliness tests and REFIT-activities can evaluate whether regulation has been

meaningfully translated into user-friendly digital solutions and identify ways of making regulation more

future-oriented and fit for the digital age.

Challenge

The accelerating digital transformation of businesses and society poses both new opportunities and

challenges for EU regulation. EU regulation needs to be fit for the digital reality of businesses and citizens,

enable user-friendly digital solutions and promote innovation, including new technologies and business

models. Digital-by-default and future-proof regulation is a precondition for a well-functioning Digital Single

Market, which is both genuinely

digital

by promoting innovation, new technologies and business models

and

single

by enabling more seamless, efficient and user-friendly national and European digital public

services that reduce burdens for businesses and citizens operating across the EU. This is an opportunity to

improve public services and provide European businesses with the competitive edge which is crucial for

succeeding in the fast-moving global digital economy.

Background

Existing and new regulation is often not designed to accommodate the way in which new technologies and

business models can create new value for businesses and society. We still see proposals that are not suited

EUU, Alm.del - 2019-20 - Bilag 255: Breve til nyudnævnte kommissærer

to the current digital reality of businesses or are difficult to digitalise and automatise by public authorities.

The Commission has already included

a Research a d Innovation

Tool

a d a Digital Check i its Better

Regulation Toolbox. These are steps in the right direction, but there is a need to step up these efforts by

placing principles on digital-by-default and future-proof regulation at the heart of the

issio ’s

better

regulation machinery. This will ensure that EU regulation is suited to the digital reality, reduces

unnecessary burdens and enhances well-functioning national and European digital public services for the

benefit of businesses, citizens and the authorities themselves. We stand ready to engage in dialogue with

the Commission to develop such measures as we have introduced similar measures at national level.

EUU, Alm.del - 2019-20 - Bilag 255: Breve til nyudnævnte kommissærer

Annex 1: Principles for digital-by-default and future-proof regulation

To ensure that EU regulation is digital-by-default and future-proof, the Commission should introduce a set

of principles on digital-by-default and future-proof regulation and initiate targeted measures at all stages of

the legislative cycle to enforce these principles. These measures should have a two-fold purpose:

Enable digital administration to promote more user-friendly and efficient public services to

businesses and citizens as well as to improve enforcement and prevent errors and fraud.

II.

Provide a future-oriented regulatory framework to accommodate and enable businesses to

innovate and apply new technologies and business models.

Needless to say, safe and secure data handling is a fundamental precondition that should accompany these

efforts.

Principles

The following principles should be promoted at EU-level:

1. Simple and clear rules

Simple and clear rules are easy to administer and contribute to more uniform administration and digital

support. If the legislation is unclear or complex with many exceptions, requirements, schemes or discretion it

can be difficult to administer - also digitally. Legislation should focus on the main objectives while detailed

specifications should be handled in delegated or implementing acts which will enable easier and continuous

updating of the legislation.

2. Accommodate new business models and technology-neutrality

The legislation should foster innovation by accommodating emerging and new business models and

promoting the use of experiments and sandboxing. It must also be technology-neutral to ensure that it does

not regulate the use of technology which will subsequently become obsolete

3. Digital communication

The legislation must support user-friendly digital communication between citizens and businesses and the

public sector. For citizens who cannot use digital solutions, other solutions must still be offered.

4. Automated digital case processing

The legislation should underpin fully or partly automated digital case processing. As a general rule, the

legislation should apply objective criteria, clear and unambiguous definitions and common concepts rather

than special concepts. The goal is to enable automation by using objective criteria when it makes sense and to

ensure that it is still possible to exercise discretion in cases where it is professionally relevant.

5. Coherence and consistency across regulation and authorities - uniform concepts and reuse of

data

Legislation should be coherent across policy silos in order to prevent fragmentation and regulatory

uncertainty. Concepts and data must be reused across regulation and authorities to promote efficiency and

coherence to thereby reduce burdens for both authorities, citizens and businesses. If data already exists that

supports the concepts of the legislation, the legislation should reuse these or consider whether other similar

concepts may be used for data that is already available.

6. Improving enforcement and preventing errors and fraud

The legislation must be worded to permit effective IT application and data-driven solutions and tools to ensure

better compliance and enforcement through risk-based control. Such solutions can improve the combatting of

fraud or reduce errors considerably.