2013 as regards certain reporting requirements - Main contents

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dossier	COM(2023)643 - Amendment of Regulation (EU) No 1379/2013, Regulation (EU) No 167/2013 and Regulation 168/2013 as regards certain reporting ...
source	COM(2023)643
date	17-10-2023

1. CONTEXT OF THE PROPOSAL

• Reasons for and objectives of the proposal

In its Communication on ‘Long-term competitiveness of the EU: looking beyond 2030’ (¹), the Commission has stressed the importance of a regulatory system that ensures that objectives are reached at minimum costs. It has committed therefore to a fresh push to rationalise and simplify reporting requirements, with the ultimate aim to reduce such burdens by 25%, without undermining the related policy objectives.

Reporting requirements play a key role in ensuring correct enforcement and proper monitoring of legislation. Their costs are overall largely offset by the benefit they bring, in particular in monitoring and ensuring compliance with key policy measures. Reporting requirements can however also impose disproportionate burdens on stakeholders, particularly affecting SMEs and micro-companies, also given organisational and technological developments that call for original reporting requirements to be adjusted. Their cumulation over time can result in redundant, duplicating or obsolete obligations, inefficient frequency and timing, or inadequate methods of collection.

Streamlining reporting obligations and reducing administrative burdens is therefore a priority. In this context, the present proposal aims to simplify initiatives included in headline ambition ‘A European Green Deal’ in the policy area of the common organisation of the markets in fishery and aquaculture products and affecting the fishing industry. It will also simplify and eliminate certain reporting obligations in the area of the approval and market surveillance of agricultural and forestry vehicles and two- or three-wheel vehicles and quadricycles.

The proposal will rationalise reporting obligations by removing reports which are no longer adding value in reaching the policy objectives (see more details below).

The reporting requirements concern: public authorities.

• Consistency with existing policy provisions in the policy area

The proposal is part of a first package of measures to rationalise reporting requirements. This is a step in a process looking comprehensively at existing reporting requirements, with a view to assess their continued relevance and to make them more efficient.

1. The rationalisation introduced by these measures will not affect the achievement of objectives in the policy area, for the following reasons:

- The reporting requirement that is proposed to be removed in the policy area of the common organisation of the markets in fishery and aquaculture products has not proven to provide any longer an added value to the Union and does not contribute to the objectives of Regulation (EU) No 1379/2013 (²). The reporting obligation in Council Regulation (EC) No 2406/96 (³) was introduced in relation to preventing the marketing of fish below a given degree of freshness for human consumption and standardise freshness and size grades used at first sale to establish price levels for market interventions prior to Regulation (EU) No 1379/2013. Those intervention measures were abolished in 2013 but the marketing standards remained in force. As food safety is now guaranteed through general food law (⁴), the related reporting obligation has become much less relevant.

- The reporting requirements that are proposed to be removed in Regulation (EU) No 167/2013 (⁵) have not proven to provide any longer an added value to the Union and do not contribute to its objectives. Regulation (EU) No 167/2013 sets out the rules on the approval and market surveillance of agricultural and forestry vehicles. Article 74 and 75 of that Regulation require Member States to inform the Commission of the application of the type-approval procedures and individual vehicles approvals respectively, and the Commission to submit reports to the European Parliament and the Council. Since the Commission carried out a study (⁶) on the questions subject to these information and reporting obligations in 2022, and the study determined that the type-approval and individual vehicles approvals procedures are satisfactory, this should no longer apply.

- The reporting requirements that are proposed to be removed in Regulation (EU) No 168/2013 (⁷) have not proven to provide any longer an added value to the Union and do not contribute to its objectives. Regulation (EU) No 168/2013 sets out the rules on the approval and market surveillance of two- or three-wheel vehicles and quadricycles. Article 78 and 80 of that Regulation require Member States to inform the Commission of the application of the type-approval procedures and individual vehicles approvals respectively, and the Commission to submit reports to the European Parliament and the Council. Since the Commission carried out a study (⁸) on the questions subject to these information and reporting obligations in 2022, and the study determined that the type-approval and individual vehicles approvals procedures are satisfactory, this should no longer apply .

• Consistency with other Union policies

Under the Regulatory Fitness and Performance Programme (REFIT), the Commission ensures that its legislation is fit for purpose, targeted to the needs of stakeholders and minimizes burdens while achieving its objectives. This proposal is therefore part of the REFIT programme, reducing the complexity of reporting burdens arising from the EU legal environment.

While certain reporting requirements are essential, they need to be as efficient as possible, avoiding overlaps, removing unnecessary burdens and using as much as possible digital and interoperable solutions.

The current proposal rationalises reporting requirements thus making the achievement of the objectives of legislation more efficient and less burdensome for public authorities.

2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

• Legal basis

The proposal is based on Articles 43 i and 114 of the Treaty on the Functioning of the European Union, which are the legal basis of the acts it amends.

• Subsidiarity (for non-exclusive competence)

The reporting requirements concerned are imposed by EU law. Their rationalisation can therefore only be done at EU level. This will ensure a level playing field for public administrations across the EU, which will be benefiting from the rationalisation of reporting requirements arising from these proposals.

• Proportionality

The rationalisation of reporting requirements simplifies the legal framework by introducing minimum changes to existing requirements that do not affect the substance of the wider policy objective. The proposal is therefore limited to those changes that are necessary to ensure efficient reporting without changing any of the substantial elements of the legislation concerned.

• Choice of the instrument

Given that the targeted amendment aims to modify provisions of Regulation (EU) No 1379/2013, this proposal takes the form of a Regulation amending Regulation (EU) No 1379/2013.

Given that the targeted amendment aims to modify provisions of Regulation (EU) No 167/2013, this proposal takes the form of a Regulation amending Regulation (EU) No 167/2013.

Given that the targeted amendment aims to modify provisions of Regulation (EU) No 168/2013, this proposal takes the form of a Regulation amending Regulation (EU) No 168/2013.

The targeted amendments only concern reporting requirements and therefore are suitable to be included in a single proposal.

3. RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS

• Ex-post evaluations/fitness checks of existing legislation

N/A

• Stakeholder consultations

N/A

• Collection and use of expertise

This proposal has been identified following a process of internal scrutiny of existing reporting obligations and based on the experience from implementation of the related legislation. Since this is a step in the process of continuous assessment of reporting requirements arising from EU legislation, the scrutiny of such burdens and of their impact on stakeholders will continue.

• Impact assessments

The proposal concerns limited and targeted amendment of legislation in view of rationalising reporting requirements. The proposed change is based on experience from implementing the legislation. The amendment does not have significant impacts on the policy, but only ensures a more efficient and effective implementation. Its targeted nature and the lack of relevant policy options make an impact assessment not necessary.

• Regulatory fitness and simplification

This is a REFIT proposal, aiming to simplify legislation and cut burdens for stakeholders.

While the proposal in respect of the common organisation of the markets in fishery and aquaculture products does not directly affect individual businesses, it will remove a reporting obligation and the related cost / burden for public authorities by eliminating the need to maintain lists of designated experts and trade associations for the grading of fishery products.

In the area of the approval and market surveillance of agricultural and forestry vehicles and two- or three-wheel vehicles and quadricycles, the proposal will remove reporting obligations and related burden for public authorities by deleting the need for Member States to report back on information that has already been made available to the Commission by a separate study.

• Fundamental rights

N/A.

4. BUDGETARY IMPLICATIONS

N/A.

5. OTHER ELEMENTS

• Implementation plans and monitoring, evaluation and reporting arrangements

N/A.

• Detailed explanation of the specific provisions of the proposal

Regulation (EU) No 1379/2013 of the European Parliament and of the Council provides that rules establishing common marketing standards laid down in Council Regulation No 2406/96 shall continue to apply. Article 13 of Council Regulation (EC) No 2406/96 requires each Member State to supply the other Member States and the Commission with a list of the names and addresses of the experts and trade organisations appointed for grading the fishery products for freshness and size and to inform of any updates to the list. This reporting obligation was introduced in relation to preventing the marketing of fish below a given degree of freshness for human consumption and standardise freshness and size grades used at first sale to establish price levels for market interventions prior to Regulation (EU) No 1379/2013. Those intervention measures were abolished in 2013 but the marketing standards remained in force. As food safety is now guaranteed through general food law (¹), the related reporting obligation has become much less relevant. Consequently, the reporting obligation should no longer apply.

Regulation (EU) No 167/2013 sets out the rules on the approval and market surveillance of agricultural and forestry vehicles. Article 74 and 75 of that Regulation require Member States to inform the Commission of the application of the type-approval procedures and individual vehicles approvals respectively, and the Commission to submit reports to the European Parliament and the Council. Since the Commission carried out a study (²) on the questions subject to these information and reporting obligations in 2022, and the study determined that the type-approval and individual vehicles approvals procedures are satisfactory, this should no longer apply.

Regulation (EU) No 168/2013 sets out the rules on the approval and market surveillance of two- or three-wheel vehicles and quadricycles. Article 78 and 80 of that Regulation require Member States to inform the Commission of the application of the type-approval procedures and individual vehicles approvals respectively, and the Commission to submit reports to the European Parliament and the Council. Since the Commission carried out a study (³) on the questions subject to these information and reporting obligations in 2022, and the study determined that the type-approval and individual vehicles approvals procedures are satisfactory, this should no longer apply.