AMCHAM EU’S POSITION ON BETTER REGULATION AND TRANSPARENCY

AmCham EU put forward the following set of recommendations for consideration:

1. Intensify effort by the Commission towards a smart enforcement strategy that facilitates the transposition of EU rules in Member States, in the least trade-restrictive manner. In doing this, the Commission would foster and enhance the integrity of the internal market, being the guardian of the treaties.

2. Give companies sufficient time to adapt their processes to new rules by incorporating in relevant EU legislation appropriate transitional industry ‘lead-in’ periods following adoption. By doing this, the Commission would acknowledge the fact that secondary legislation can significantly alter regulatory requirements for companies.

3. Increase transparency in the functioning of Commission expert groups and related subgroups, as well as ensure systematic and timely communication of preparatory documents like agendas and draft delegated acts. Expert (sub-)group meeting minutes should be as detailed as possible and include deliberations and areas of disagreement by a substantial number of participants. This would require not only respecting the terms of the recently agreed Inter Institutional Agreement (IIA) but also implementing internationally-accepted practices, such as those of the Organisation for Economic Co-operation and Development (OECD).

4. Structurally involve all relevant stakeholders in the proposed reform of the Transparency Register. Given the impact the reform will have on the very profession of interest representation, an advisory council should be established to facilitate the widest possible stakeholder input in the development of the proposed mandatory register and the subsequent new IIA. The reformed Transparency Register should be applicable across the board with a ‘one-stop shop’ approach, resulting in reduced administrative burden for companies and less risk of confusion and duplication of rules.

5. Involve and consult stakeholders for their views when assessing if delegated or implementing acts should undergo an impact assessment or if broader expertise is needed in the early preparation of draft implementing acts.

6. Avoid the inappropriate use of soft law to extend the scope of binding provisions. While it is often a helpful tool for clarifying the application of EU rules, it must be consistent with the legislative framework. Moreover, wherever soft law is used, appropriate consultation with Member States and concerned stakeholders should be carried out.

7. Ensure that key elements of the IIA on Better Law-making are wholly implemented. This includes ensuring a joint register for delegated acts that is fully operational, administering an annual survey of administrative burden in the EU, facilitating enhanced transparency in the ordinary legislative procedure - especially trilogue negotiations - and boosting the quality of law-making through open, public and all-inclusive stakeholder consultations.

Conclusion

AmCham EU is a strong supporter of the Juncker Commission’s Better Regulation Agenda as this initiative has the potential to reap economic benefits, accelerate investment and boost business confidence. Ensuring streamlined, transparent and inclusive law-making is vital to maintaining a globally-competitive Europe. The agreement on the IIA on Better Law-making is a welcome step in the right direction towards introducing more transparency, inclusiveness and legal certainty in the EU decision-making process.

Nevertheless, AmCham EU believes certain gaps still remain in order to safeguard global competiveness of EU industry and the smooth functioning of the internal market. To address this, AmCham EU believes intensified efforts by the Commission are needed to create a smart enforcement strategy, as well as introduce appropriate transitional industry ‘lead-in’ periods. These measures will enhance the integrity of the internal market and foster EU-wide harmonisation of legislation. AmCham EU encourages increased transparency in the functioning of Commission expert groups and a more structural involvement of stakeholders in the reform of the Transparency Register. Finally, drawing on input from affected stakeholders when assessing the need for impact assessments of delegated and implementing acts, as well as avoiding inappropriate use of soft law to extend the scope of binding provisions will further contribute to strengthening the IIA on Better Law-making and the Better Regulation Agenda.