Detailed information on the follow-up by the Commission to REFIT Platform opinions

Transcription

1 Detailed information on the follow-up by the Commission to REFIT Platform opinions

2 Contents

3 Introduction Follow-up to the opinions The 3 opinions feeding into legislative revision (included in either Annex 1 or 2 of the CWP) Internal market Communication networks Environment 18 opinions calling for legislative revision; guidance; adaptation of implementing arrangements or issues to be taken into account in ongoing Commission work Agriculture Internal market Taxation and Customs Union Financial services Chemicals Health and food safety Statistics The European Citizens Initiative Competition Regional policy Summary tables

4 Introduction When creating the Platform the Commission committed itself to respond to all opinions, indicating whether action is considered necessary or appropriate, the type of action envisaged as well as its timing. The Commission response to the first set of 22 opinions adopted in June and September 2016 came in the Commission Work Programme 2017, adopted on 25 October as detailed in the REFIT scoreboard. The Commission is following up on all but one of the 22 opinions. The sole exception regards the Platform recommendation for a standard VAT declaration, on which an earlier Commission proposal was withdrawn this year due to lack First meeting of the REFIT Platform 4 Detailed information on the follow-up by the Commission to REFIT Platform opinions

5 of support from the Council in legislative procedure. The Commission is currently focusing on other important proposals which are to be tabled on VAT and will consider further options in light of progress made. The remaining 21 adopted opinions vary according not only to subject matter, but also to what kind of action they suggest: 3 opinions feeding into legislative revision; 18 opinions calling for legislative revision; guidance; adaptation of implementing arrangements or issues to be taken into account in ongoing Commission work. Detailed information on the follow-up by the Commission to REFIT Platform opinions 5

6 Follow-up to the opinions The 3 opinions feeding into legislative revision (included in either Annex 1 or 2 of the Commission Work Programme) Internal market (Opinions Ref XII.5a and b covering 2 submissions by the Danish Business Forum and Business Europe) In its opinion on Points of Single Contact, the REFIT Platform recommends the establishment of a single entry point for business in each Member State to assist companies operating in the Single Market. The Platform also suggests that the Commission further establishes minimum criteria for the performance of Points of Single Contact and that this exercise is integrated into the preparations of the Single Digital Gateway proposal and aligned with other relevant initiatives such as the services card. The Commission is paying particular attention to these recommendations and will address the reported problems in its proposal on the Single Digital Gateway. The initiative is planned to provide all the information people need to do business cross-border, travel to another EU country, live, study or work in another EU country. The Single Digital Gateway would be based on existing portals, contact points and networks (such as subject to modification during the adoption process PCP, PCPc, PSC, SOLVIT, EEN etc.). However, it could improve them by introducing binding minimum quality standards and a requirement of user-centricity. It could also feature ways to raise awareness of existing tools and to optimise the retrieval of relevant information. The scope is planned to cover information gaps and quality concerns for both EU and national portals dealing with Single Market aspects that are relevant for citizens and business, improving the functioning of assistance services, and ensuring that the national procedures most frequently used by cross-border users can be completed fully online. The Points of Single Contact are planned to constitute an essential part of the initiative, in particular with respect to ensuring and maintaining quality of service, and their role is envisaged to be reinforced. The proposal is expected to be adopted in April Detailed information on the follow-up by the Commission to REFIT Platform opinions

7 Communication networks (Opinion Ref IV.1b covering a submission by the Danish Business Forum) In its opinion on the eprivacy Directive, the REFIT Platform issued three sets of recommendations to the Commission: 1. the protection of citizen s private life should be strengthened through an alignment of the eprivacy Directive with the General Data Protection Regulation (GDPR), 2. the effectiveness of citizens protection against unsolicited marketing should be enhanced by adding exceptions to the consent rule for cookies and 3. the Commission addresses national implementation problems and facilitates the exchange of best practice amongst Member States. The Commission is paying particular attention to these recommendations in the context of the eprivacy review. First, the eprivacy rules were assessed in order to identify possible redundancies with the rules of the GDPR. The Commission also reflected on possible cases where the consent rule for cookies may not be needed when there is no or little privacy risk, as well as other ways to facilitate the means for individuals to provide consent that would be meaningful. The issue of ensuring a better enforcement of the rules is also another priority. To get a wide range of inputs, the Commission launched a stakeholder consultation in April 2016 addressing all the above questions as well as ad hoc consultations of EU expert groups such as the Article 29 Working Party, ENISA (cybersecurity agency), BEREC (telecom authorities), CPC network (consumer authorities) etc. The proposal for a revised eprivacy instrument was adopted on 10 January It aims at ensuring effective privacy and confidentiality of electronic communications for end-users and the protection of personal data, while providing clarity and simplification to reduce compliance costs and efforts of businesses that occur due to the obligations set forth. In particular, the proposed revised instrument is expected to: clarify the scope, which would help to eliminate/reduce the risk of divergent implementation by Member States (addressing point 3 of the REFIT Platform opinion); clarify and simplify the consent rule for the use of cookies and other identifiers, to help eliminate/reduce the risk of divergent application and render the rule more effective in protecting end users, while lowering compliance costs for businesses (addressing point 2 of the REFIT Platform opinion); introduce the consistency mechanism set forth under the GDPR for matters covered under chapter II of this Regulation and the advisory role of the European Data Protection Board for the remaining chapters in order to improve the uniform interpretation of this Regulation (addressing point I of the REFIT Platform opinion). Detailed information on the follow-up by the Commission to REFIT Platform opinions 7

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9 Environment (Opinion Ref IX.1a covering submissions by the Danish Business Forum) In its opinion on Waste electrical and electronic equipment (WEEE) the REFIT Platform recommends to the Commission to take action in order to implement a common harmonised reporting and registration system that takes enforcement and manageability into account without adding unnecessary burden on the Member States. The Platform further specifies that this action should be carried out in time to allow its implementation by mid The opinion confirms a requirement that already exists in the Directive 2012/19/EU on WEEE and the evidence gathered by the Commission and it reinforces the need for action. A study has been finalised in January 2016 on the format for the registration and reporting and action is planned for the end of On this basis, the Commission is planning to adopt an implementing act further simplifying and developing reporting and registration arrangements, including a harmonised data structure and format for registration and reporting and the corresponding data model. This implementing act is also planned to establish one common frequency and period of reporting of all producers to all national registers. The implementing act is planned for adoption for the end of This time schedule will give Member States the time to adapt (if needed) their existing national registration systems by mid-2018.

10 18 opinions calling for legislative revision; guidance; adaptation of implementing arrangements or issues to be taken into account in ongoing Commission work 10 Detailed information on the follow-up by the Commission to REFIT Platform opinions

11 Agriculture (Opinions Ref I.4a; I.2a; I.3a covering submissions by the European Environment Bureau (EEB); the Danish Business Forum and Freistaat Saachsen) On the Common Agricultural Policy (CAP), the REFIT Platform issued three opinions on the efficiency of the CAP, cross-compliance and overlaps between pillars I and II. In the first Platform opinion (Ref I.4a), the REFIT Platform Stakeholder group identified the need to ensure the effectiveness and efficiency of the CAP by carrying out a more strategic review, while the Government group recommended following the existing evaluation plan established by Regulation (EU) No 1306/2013. The two other REFIT Platform opinions (Ref I.2a and Ref I.3a) include recommendations from some members of the Stakeholder group that the Commission examines the system of controls applying to pillar II, but any broader review of cross-compliance rules should be dealt with as part of a more holistic review of the CAP. For the current programming period the introduction of 'soft measures' (simplification of requirements placed on farmers within the existing framework) could be considered. There was also support from some Stakeholder group members for the Commission to examine the possibility to introduce a 'more targeted, risk-based and proportionate controls regime' under pillar II. Some members of the Government group expressed broad agreement with these suggestions while others considered it too early to undertake this work. In the context of sustained market orientation of the CAP, the need to take care of natural resources, combat climate change and ensure viable rural areas, the Commission is addressing the Platform's concerns by consulting throughout 2017 on the modernisation and simplification of the Common Agricultural Policy. A 12-week open public consultation has been launched on 2 February 2017 to collect evidence on both past performance and future outlook. The consultation is open until 2 May The results of this consultation process will be the first step in the process towards a Communication on the future of the Common Agricultural Policy post-2020 which is to be published before the end of Following completion of this work, members of the Platform will be informed on follow-up actions. Detailed information on the follow-up by the Commission to REFIT Platform opinions 11

12 Internal market (Opinion Ref XII.8a covering a submission by the Danish Business Forum) 12 Detailed information on the follow-up by the Commission to REFIT Platform opinions

13 The Platform also issued an opinion on the Construction Products Regulation, recommending that the Commission give priority consideration to the problems of overlapping and repetitive requirements stemming from various EU legal acts and the need for clear and full European standards covering all requirements for construction products in the ongoing Fitness Check of the construction sector. The Commission is examining the issues relating to potential legislative shortcomings and overlapping requirements as part of its ongoing Fitness Check on the construction sector. Two supporting studies have been carried out with the involvement of stakeholders in the form of a mirror group, an open public consultation and several additional targeted consultation activities (e.g. online survey, interviews). The adoption of the Commission staff working document is scheduled for the third quarter of Moreover, as a follow-up to the July 2016 report on the implementation of the Construction Product Regulation and with the view to improve the implementation of the CPR, the Commission has also engaged in further dialogue with stakeholders (including Member States and business representatives) through a series of 'technical platforms'. The first meeting, on 12 October 2016, was devoted to construction products standards. It will be followed in 2017 by sessions relating to SME-related simplification, the European Organisation for Technical Assessment and the duplication of information requirements. These discussions are also intended to contribute to a possible revision of the Construction Products Regulation within the mandate of this Commission, as announced in the Communication Clean Energy for all Europeans [COM(2016) 860 of ]. Detailed information on the follow-up by the Commission to REFIT Platform opinions 13

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15 Taxation and Customs Union (Opinions Ref XVIII.1a; XVIII.3a; XVIII.7a covering submissions by the Danish Business Forum and the Board of Swedish Industry and Commerce for Better Regulation) The Platform issued 3 opinions in the area of Taxation and Customs Union (the fourth one not having been considered for follow-up, see explanation provided in the introduction). In one opinion (Ref XVIII.7a), the Stakeholder group recommends reducing the burden on businesses, in particular in relation to VAT exemptions for intra-eu trade. Some members of the Government group consider that reducing documentary obligations is too risky in the light of VAT fraud, while others agree with the Stakeholder group recommendation. VAT reverse liability and simplified documents for intra-eu trade are primary considerations following the opinion of the Platform in the continuing preparation of the Commission in the VAT Action Plan. In its Work Programme 2017, the Commission has announced REFIT proposals for a definitive VAT system. The proposal, planned for the third quarter of 2017, is being prepared with a view to effectively implement the principle of taxation of cross-border supplies at the place of destination and to extend the current One-Stop Shop (OSS) system to cover also cross-border B2B supplies of goods. An initiative of this kind would mean that a business selling cross-border would never be obliged to register in and comply with the VAT requirements of Member States where they are not established, which would constitute a major simplification in comparison with today s situation. In the second opinion (Ref XVIII.1a), the Stakeholder group recommends to withdraw the use of the reverse charge mechanism and replace it with a simpler and more basic VAT regime in the EU. Some members of the Government group consider that reverse charging may continue to be necessary to combat fraud or that other measures would be required to achieve the same objective. The Commission has presented on 21 December 2016 a proposal for a generalised reverse charge mechanism as a temporary measure to individual Member States fulfilling certain criteria. This results in particular from the June Ecofin Council, during which the Commission committed, via a statement to the Ecofin minutes and in the context of a political agreement on the overall anti-fraud policy within the EU, 'to present, before the end of the year, a legislative proposal allowing individual Member States to derogate from the common system of value added tax so as to apply a generalised reverse charge mechanism to domestic supplies above a defined threshold and preserving the Internal Market'. However, the Commission is also planning a permanent solution in the context of its 2017 Work Programme proposal for a definitive VAT regime for intra-eu trade. It is the latter proposal that would respond to the Platform opinion. In its third opinion (XVIII.3a), the Stakeholder group and a majority of the Government group members recommend that the Commission should propose a regulation to create a comprehensive online VAT Information Portal and that such action is informed by the outcome of ongoing discussions in the Council on the Commission s Communication on the VAT Action Plan and the experience with the Mini One-Stop Shop (MOSS). The results of evaluation of the MOSS will be discussed with Member States in Council. In the meantime the Commission is investigating the possibilities for a possible linking of the VAT portal initiative with the Digital Single Gateway. The Commission attaches particular importance to facilitating business VAT compliance. In this context the Commission proposed on 1 December 2016 its VAT e-commerce package introducing the VAT OSS for distance sales of goods, including imports of low value and the concept of certified traders for the importation of small consignment goods, both measures that should facilitate VAT compliance for businesses. Detailed information on the follow-up by the Commission to REFIT Platform opinions 15

16 Financial services (Opinion Ref financial reporting; Ref X.1a covering submissions by a member of the REFIT Platform Stakeholder group and the German Insurance Association) In its opinion on financial reporting, the REFIT Platform identifies the need to streamline reporting of financial information to various supervisory authorities in order to reduce unnecessary administrative burden on financial institutions. This opinion confirms the evidence gathered by the European Commission as part of its Call for evidence (CfE) and reinforces the need for action. The Commission attaches particular importance to the need to avoid duplication and overly burdensome requirements following the recent adoption of new financial services regulation and will undertake a Fitness Check which will review reporting requirements in the financial sector in 2017 to address the concerns around compliance costs holistically in the medium to long term. It will allow further opportunities for input and to ensure that a full response is given to the concerns raised. The completion of the Fitness check is expected in the course of In this context, supported by the ISA 2 programme, the Commission has launched a Financial Data Standardisation project (FDS) which aims to develop a common language on financial data. The project will, among other things, perform a detailed mapping of reporting requirements in 20 key pieces of financial legislation and explore whether reported data fields and reporting channels can be reduced, consolidated and streamlined, without their objective being compromised. This FDS project aims to process and share more efficiently financial data by enhancing the interoperability of data standards. The project will address the compliance burden at source and prepare the ground for a once for all approach to reporting. The FDS project will analyse the existing financial data reporting requirements defined in the legislation by DG Financial Stability, Financial Services and Capital Markets Union (FISMA) in order to achieve interoperability and reusability of data exchanged through a framework of standards. The project will cooperate and exchange information with the relevant stakeholders in the public and private sector and study all areas necessary to achieve the objectives: financial legislation, standardisation, stakeholder requirements, governance, security and data protection and innovative financial technologies. The project will take fully into account the results of the CfE. However, the information received through the CfE is mainly of a qualitative nature and often lacks details. The FDS project therefore aims to provide supporting evidence regarding the perceived overlaps, gaps, inconsistencies and redundancies. This will provide a factual and objective basis for possible solutions leading to better regulation and cost reductions. Regarding timing: DG FISMA is in the final phase of contracting and kicking off the project. The European Banking Authority (EBA) developed already in 2014 jointly with the European Central Bank (ECB) a classification system linking the EBA supervisory reporting requirements with the ECB statistical reporting requirements. EBA conducted in 2016 a peer review on supervisory reporting and published on 11 April 2017 a report indicating proportionality of reporting as an area for improvement. This feeds into the CRD V/CRR II proposal that gives the EBA a mandate to assess the costs of current reporting obligations and recommend amendments on how to reduce reporting burden on institutions. The peer review report on supervisory reporting that the EBA is already carrying out will feed into this report (the current deadline for issuing this report is December 2019 but it might be postponed depending on when the CRD V/CRR II proposal is adopted). The CRD V/CRR II proposal would already reduce reporting requirements to a certain extent (e.g. reduced reporting frequency for small institutions - below 1.5 billionn, deletion of some reporting obligations etc.). Following the completion of the Fitness Check, the Commission services will outline to the Platform the concrete measures that are planned to be taken. The REFIT Platform also issued an opinion (Ref X.1a) on the Financial Conglomerates Directive (FICOD), with a majority of its members recommending a review of the overlapping requirements in the supervisory procedures for financial conglomerates. The Commission will pay particular attention to the Platform s concerns during the ongoing evaluation of the Directive planned to be finalised in the course of 2017, the results of which will inform the decision on a possible review. Preliminary evaluation findings indicate that there are areas of the current FICOD provisions which overlap with the sectoral rules that have developed in a number of areas. In particular, the governance provisions largely duplicate the sectoral requirements, particularly since the inclusion of mixed financial holding companies in the scope of the sectoral regimes. Additionally, the interaction between the sectoral capital requirements and FICOD is not always clear. In particular, for insurance-led conglomerates the requirements duplicate the calculation performed under Solvency II. However, despite some inconsistencies and overlaps respondents to the public consultation highlighted that the supervisory cooperation and framework required by FICOD was a useful and important tool and that maintaining a framework for supervising mixed activity financial groups is important. The opinion of the Platform is being considered in the analysis contained in the Staff Working Document and will feed into its conclusions. 16 Detailed information on the follow-up by the Commission to REFIT Platform opinions

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18 Chemicals (Opinion Ref II.2a covering a submission by the Cross Industry Initiative) The REFIT Platform issued an opinion on the overlaps in legislation on chemicals and safety and health at work. The majority of its members consider that the Commission should raise awareness and issue guidance on the implementation of legislation in these areas. In response, the Commission plans to issue a Common Understanding document planned for 2017 explaining the interface between REACH and OSH legislation. In addition, several evaluations in this area have been or will be conducted, notably the REFIT evaluation of the EU occupational safety and health Directives (completed on 10 January 2017), the REACH REFIT evaluation and the fitness check on the most relevant chemicals legislation (excluding REACH), both to be concluded during Among others, these evaluations will evaluate the issues raised in the opinion of the REFIT Platform. Based on the outcome of the evaluations, the Commission will assess any need for further action in the course of Health and food safety (Opinion Ref XI.1a and XI.3a covering submissions by the Danish Business Forum) Two further opinions of the REFIT Platform under this priority area concern health and food safety. In the first opinion (Ref XI.1a) the Platform recommends that the Commission issue a common European requirement for a declaration of compliance for all types of food contact materials. The Commission will follow up on this opinion by examining the recommendations in the context of its implementation follow-up of the EU food contact materials legislation. The other opinion (Ref XI.3a) relates to the monitoring of residues of veterinary medicinal products and other substances in food of animal origin where a majority of the members of the Government group recommend that the Commission adopt an implementing act which sets general rules for Members States on risk-based sampling, without undermining policy objectives. The recommendation is also supported by some members of the Stakeholder group. The Commission plans to address this recommendation by presenting such rules by 2018 through a new delegated act planned for adoption before the entry into application of the new Official Control Regulation which is expected for publication on 7 April Detailed information on the follow-up by the Commission to REFIT Platform opinions

19 Statistics (Opinion Ref XVII.3a covering submissions by the Danish Business Forum) The REFIT Platform opinion on environmental protection investment statistics contains a recommendation of the majority of the Government group and some members of the Stakeholder group that the Commission continues its assessment on overlapping reporting requirements under Commission Regulation (EC) No 250/2009 (in the structural business statistics domain) and Regulation (EU) No 691/2011 on environmental accounts and replace the Regulation on structural business statistics with the new Framework Regulation for integrating business Statistics (FRIBS). The Platform opinion confirms the findings of the Commission that there is double reporting. To address this, the Commission has adopted a legislative proposal on FRIBS on 6 March The FRIBS proposal is planned not to include the aspects of environmental protection expenditure accounts which would then, if the proposal is adopted in legislative procedure, be solely covered by the Regulation on environmental accounts. Therefore, there would then be no overlaps/double reporting. Detailed information on the follow-up by the Commission to REFIT Platform opinions 19

20 The European Citizens Initiative (Covering a submission by a member of the REFIT Platform Stakeholder group) The REFIT Platform adopted an opinion on the European Citizens Initiative (ECI) in which the Stakeholder group and some members of the Government group consider that there is a need to make the ECI more fit for purpose through simpler requirements for the application of the existing system and through revision of the legal framework. It recommends that the Commission take into consideration the issues identified by the Platform in the ongoing review of the ECI, including both simplification of the implementation of the ECI and the revision of the Regulation (EU) No 211/2011 on the citizens' initiative (ECI Regulation). The Commission will take into consideration the issues identified by the Platform in the ongoing review of the implementation of the ECI instrument. The opinion of the REFIT Platform on the ECI broadly echoes some of the challenges regarding the ECI identified by stakeholders and EU institutions and bodies over the two past years. The Commission considers that after five years since it became operational and in view of the shortcomings and challenges identified, it is timely to consider a revision of the ECI Regulation. The Commission will bring forward a proposal drawing inter alia on a public consultation to be launched before the summer. The Commission has launched three studies to be completed in 2017, the results of which will feed into the overall assessment of the current legislative framework and analyse options for its reform: a study to assess the scope for simplifying personal data requirements; a study concerning the possibility for signatories to support an ECI in a simplified way, using electronic identification tools such as eid; a study on streamlining the technical specifications for online collection systems. At the same time, the Commission will continue its efforts to improve the implementation of the ECI instrument under the current framework, notably with the following measures: advice and support to potential organisers of ECIs and improvements in the registration for new initiatives, including the possibility of partial registration of proposed initiatives and giving organisers more time to set up their online collection systems and start to collect statements of support; improvements to the user-friendliness of the Commission online collection software provided free of charge to organisers of ECIs; improved assistance service to the organisers for the setting up and certification of their online collection systems based on the free of charge hosting by the Commission; cooperation with the Member States, in the framework of the ECI Expert Group, on the ECI Regulation implementation measures (e.g. simplification of the data requirements; online collection systems); following a proposal from the European Parliament, the Commission will also implement in 2017/2018 a pilot project aiming to set up an online collaborative platform that would bring together organisers, citizens, experts and the Commission in order to offer support and advice as regards the organisation of initiatives; other measures are in preparation, notably in the domain of communication and awareness raising and enhancing the dialogue and public debate on successful ECIs. 20 Detailed information on the follow-up by the Commission to REFIT Platform opinions

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23 Competition (Opinions Ref V.3a and V.4a covering submissions by the House of Dutch Provinces) In its opinion on State Aid/Regional Policy (Ref V.3a) the Government group recommends that the Commission give due consideration to the different scope of definitions and the lengthy and repetitive procedures linked to fund applications which limits the take-up of funding opportunities. Some members of the Stakeholder group support the need to ensure better alignment of definitions and procedures. In the second opinion on State Aid/Broadband rules (Ref V.4a) the Stakeholder group and some members of the Government group recommend that the Commission examines the possibility of introducing lighter test regimes/fast-track treatment for national broadband measures, similar to the fast-track treatment already used for co-financing projects under the Investment Plan for Europe (EFSI). To address both opinions the Commission will step up its effort on the ongoing implementation work of the existing legal framework. The Commission is continuing the simplification that started with the 2014 State Aid Modernisation. The Notice on the Notion of Aid (NoA), adopted in July 2016 has clarified that a considerable part of ESI-funded infrastructure projects fall outside State aid control. The NoA includes a chapter dedicated to the question of the applicability of State aid law to public funding of infrastructures. The purpose of this chapter is to provide more clarity on this question, which is crucial for investments in the EU. In this chapter the Commission explained that it considers public funding of infrastructures to normally be aid free if the following conditions are fulfilled: (1) the infrastructure in question does not face direct competition, (2) private financing is insignificant in the sector and Member State concerned and (3) the infrastructure is not designed to selectively favour a specific undertaking or sector but provides benefits to society at large. The Commission, furthermore, provided an overview of the application of this principle to different sectors. In this regard the Commission explained that public funding of the following kinds of infrastructures typically fulfils the conditions spelt out above and, therefore, does not constitute State aid: railways, railway bridges, railway tunnels and urban transport infrastructure; public roads, bridges, tunnels and inland waterways (e.g. rivers and canals); water supply and waste water networks. In addition, the Commission explained that it considers that public funding of certain infrastructures might not affect trade between Member States and, therefore, not constitute State aid. This is the case if the infrastructure in question has a predominantly local catchment area and the investment in question is unlikely to affect cross-border investments more than marginally. Examples of such infrastructures are in particular local or municipal infrastructures, such as local leisure installations, local health care facilities and small airports or ports that predominantly serve local users. Many ESI-funded infrastructures fall under one of the categories of infrastructures described above. As such, their public funding does not constitute State aid. The main consequence of this finding is that the projects in question can be implemented by the Member State concerned without a need to notify them to the Commission for State aid clearance before. The General Block Exemption Regulation (GBER) excludes over 90% of all State aid measures from prior Commission approval. The Commission has proposed to extend the GBER to cover investments in ports and airports and also to align it with the cost definitions that apply for ESI Funds. All this contributes to significantly limit the scope and length of State aid approval procedures. Where prior clearance remains required, the Commission is aligning State aid control and Cohesion Policy working procedures, so that State aid considerations are fully integrated into the ESI Funds approvals process. This enables projects often to be supported financially without separate State aid clearance. Procedures have already been put in place to ensure a speedy treatment of major projects under ESI Funds in an integrated process. These simplification measures are accompanied by initiatives to clarify and communicate the meaning of the State aid rules and definitions. An e-wiki has been set up, detailed Q&As published and comfort letters sent to some Member States, such as on broadband roll-out. A number of analytical grids were also published this year clarifying the application of State aid rules to specific infrastructure investments. More analytical grids are planned along with further developments in the other above- mentioned actions, including further training for Member States administrations. Concerning broadband roll-out in particular, the procedural requirements in the Broadband State aid Guidelines and public procurement rules had to strike a careful balance between ensuring that aid target areas that would not otherwise be served by private investment and that fair and equal access is provided to the infrastructure, while not overburdening the authorities. As a result the authorities concerned have quite a significant margin of manoeuvre on how they do their mapping, consultations and tendering which are necessary to ensure that private investment is not crowded out and that the selection procedure for the beneficiary of the aid is transparent and fair. The Commission Competition Department continues to provide detailed advice on specific projects on request and supports the creation of a European network of national Broadband Competence Offices which could assist local authorities. Continuing attention will be paid to any need for additional guidance or expert group work. Priority, fast-track, procedures apply to EFSI broadband projects that include Member State subsidies, so that a decision can be granted in six weeks, following the early announcements that apply to EFSI projects. Upon the request of a Member State, the Commission may also grant priority treatment to broadband projects which are not backed by EFSI, and often does so in practice. Furthermore, any simplification possibility will be examined in the context of the review of the new broadband guidelines that could be planned once enough time will have elapsed since their entry into force (possibly 2020). Detailed information on the follow-up by the Commission to REFIT Platform opinions 23

24 Regional policy (Opinions Ref XVI.1a and 2a covering submissions by the Association of German Chambers of Commerce and Industry and the Finnish Government Stakeholder survey on Better Regulation) 24 Detailed information on the follow-up by the Commission to REFIT Platform opinions

25 The Platform also adopted 2 opinions Ref XVI.1a and Ref XVI.2a on the Common Provisions Regulation governing the Cohesion Fund, ERDF and ESF. In its opinions, the Platform recommends that far-reaching legislative changes should be avoided in the interest of legal certainty, but that small changes to clarify rules, simplify implementation and remove inconsistencies should be envisaged. The REFIT Platform further recommends that their opinions are transmitted to the High Level Group on Simplification of the ESI Funds. Acting on this recommendation, the European Commission has communicated the simplification measures identified by the Platform to the High Level group, which has taken into account the REFIT submissions when formulating its own recommendations. On 24 January 2017 the HLG have agreed on their detailed responses to the REFIT Platform Opinion and issued a series of recommendations to the Commission. The response of the Commission and corresponding follow-up actions have been published: Commission services response to HLG's non-legislative recommendations on e-governance Commission services response to HLG's non-legislative recommendations on Simplified Cost Options Commission services response to HLG's non-legislative recommendations on Access to EU Funding for SMEs Commission services response to HLG's non-legislative recommendations on Financial Instruments Commission services response to HLG's non-legislative recommendations on Gold-plating Detailed information on the follow-up by the Commission to REFIT Platform opinions 25

26 Summary tables 1) Opinions feeding into legislative revision Date of the opinion Inclusion CWP 2017: Preparatory work/initiative Adoption by College (provisional date) Point of Single Contact eprivacy Directive 25 October 2016 Digital Single Gateway initiative 26 April 2017 Review of the eprivacy Directive 10 January 2017 WEEE (Waste electrical and electronic equipment) Implementing act simplifying and developing reporting and registration arrangements At the latest 31 December ) Opinions feeding into preparatory work for legislative revision/adaptation Date of the opinion Preparatory work/initiative Adoption by College (provisional date) VAT reducing burden on businesses for VAT and for VAT exemptions for intra-community trade VAT reverse charge mechanism Definitive VAT system/taxation of cross-border supplies at place of destination Extension OSS system Temporary reverse charge mechanism Long term: definitive VAT system At the latest 30 September December 2016 At the latest 30 September 2017 Environmental protection investment statistics Legislative proposal on FRIBS 6 March 2017 Monitoring residues of veterinary medicinal products and other substances in food of animal origin Implementing act Course of Detailed information on the follow-up by the Commission to REFIT Platform opinions

27 3) Opinions calling for improving the implementation of existing measures by using soft law measures Date of the opinion Proposed measures Date Common Agricultural Policy - effectiveness and efficiency of the CAP, overlaps Pillars I and II; Pillar II 20 September 2016 Construction Products Regulation VAT online VAT information portal Financial reporting Consultation on the modernisation and simplification of the CAP Reporting format to be determined FC construction sector Discussion through technical platforms and possible revision Extension of the VAT one stop shop for distance sales of goods Consideration given to a possible linkage of the VAT portal initiative to the Digital Single Gateway Fitness Check on the reporting requirements in the financial sector 2 February May 2017 End of 2017 At the latest 30 September 2017 Course December 2016 Course of 2017 Course of 2018 FICOD overlapping requirements in supervisory procedures Evaluation of FICOD Course of 2017 Chemicals at work Declaration of compliance Food Contact Material European Citizens' Initiative State aid/regional policy and broadband rules Common understanding document Need for further action will be reconsidered on the basis of the results from several evaluations that are still ongoing (REACH, OSH etc.) Implementation follow-up of the EU Food Contact Material Legislation Several soft law measures Several ongoing soft law actions Course of 2017 Course of 2017 Course of 2017 Currently ongoing Currently ongoing Regional policy/regulation governing the Cohesion Fund, ERDF and ESF 20 September 2016 Recommendations from the High Level Group on Simplification of the ESI Funds January 2017 Detailed information on the follow-up by the Commission to REFIT Platform opinions 27

28 28 Detailed information on the follow-up by the Commission to REFIT Platform opinions Design by SG.F5 Printed by OIB Photos: Fotolia & EC 2017