1. law, govt and politics
2. government
3. legislative

MAJOR INITIATIVES FOR INCLUSION
IN THE CWP 2015
ECR COMMENTS
www.ecrgroup.eu
INTRODUCTION
The ECR is committed to setting out a positive agenda for European reform with the ambition
of re-connecting Europe with the interests of its member states and ensuring that Europe can
compete in the global market place in the century ahead.
Given the economic climate we believe that every Commission initiative in 2015 and the
years beyond must be judged by a simple test: is it making it harder or easier for European
businesses to thrive?
This document outlines many of our key proposals in response to the Commission’s
consultation process ahead of publishing its work programme for 2015.
A first priority of the European Commission must therefore be to consider whether the existing
legislative burden is harming European economic prospects. Concerning new initiatives, the
Commission should focus on those which will help modernise the European economy, facilitate
re-shoring, create a vibrant digital marketplace, and establish the right framework for industries
to succeed.
The Commission’s outline Work Programme consists of ten key areas which we have used in
our submission:
1. A New Boost for Jobs, Growth and Investment
2. A Connected Digital Single Market
3. A Resilient Energy Union with a Forward-Looking Climate Change Policy
4. A Deeper and Fairer Internal Market with a Strengthened Industrial Base
5. A Deeper and Fairer Economic and Monetary Union
6. A Reasonable and Balanced Free Trade Agreement with the U.S.
7. An Area of Justice and Fundamental Rights Based on Mutual Trust
8. Towards a New Policy on Migration
9. A Stronger Global Actor
10. A Union of Democratic Change
The European Commission prepared a template consisting of three parts: (a) major new
initiatives, (b) recurrent/REFIT initiatives, and (c) issues under preparation with a fix future
deadline. This template has also been followed in the ECR submission. The Commission
template also lists sources for possible initiatives (the ‘Political Guidelines’ paper submitted
by President Juncker to Parliament at the time of his election, proposals made in the ‘Mission
Letters’ given to each Commissioner by the President, and major new initiatives suggested
by the Secretariat General). For reference these points have also been retained in the ECR
submission.
The European Union needs to embrace reform to contribute to the future prosperity of its
member states. This paper sets out an ambitious agenda for change which we hope you will
find useful as a significant contribution to the debate.
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I. MAJOR NEW INITIATIVES
ECR INITIAL DRAFT
COMMENTS
NB The Commission Work Programme must also give attention to the implementation of ­ongoing activities and not just focus on new initiatives. To be focused too much on the new means
the effective and competent implementation of existing programmes may be undermined.
The ECR comments reflect this concern. We note in the ten points in the accompanying letter
mention is made of implementation regarding certain sectors (banking union, asylum) but not
others. Progress in developing the energy single market, the single market in services, and
implementing change to public procurement are all areas that the ECR has particularly identified
as beneficial to competitiveness and growth.
1. A New Boost for Jobs, Growth and Investment
Political Guidelines
Proposals mentioned
in Mission Letters
Major new initiatives SG suggestions
Jobs, Growth and Investment Package, in the context of
Europe 2020 review, incl. guidance on Stability and Growth Pact — first three months
Review of Better Regulation approach — within 12 months
Follow on to Jobs, Growth and Investment Package
Europe 2020 review — Q1 2015
ECR INITIAL DRAFT
COMMENTS
The ECR believes the economic stability that comes from a credible deficit reduction plan is the
essential starting point, but it is not in itself sufficient to deliver long-term economic growth.
For sustainable growth to be driven by private sector investment, enterprise and job creation,
European Union policy should help member states act in a way that supports growth rather
than hampers it.
The ECR welcomes the approach and welcomes the review of the 2020 strategy. Whilst
employment and social can be taken into account, the ECR does not support however, using it
as an opportunity call for employment and social policy to be on an equal footing with economic
ones in terms of the EU semester.
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We are not in favour of pushing forward solidarity mechanisms such as an EU wide
unemployment benefit.
The ECR believes that better law-making principles should be respected across the policy
cycle by the Commission when preparing laws and regulations applying in the EU. The ECR
expects that a thorough analysis is undertaken of policy choices before regulating, which
should establish if intervention is needed, based upon a full and proper consultation and a
detailed impact assessment which is open to stakeholders for comment. Once adopted,
the Commission should ensure full and timely implementation by the Member States, with
particular attention being paid to late or incomplete transposition and gold-plating. Finally,
the Commission should engage in systematic and in-depth ex-post evaluation to ensure that
legislation and other regulations in force in the European Union are fit for purpose and meet their
objectives, taking care to impose the least burdens upon business and citizens.
The review of better law-making is good: the ECR would want to emphasise the importance
when drafting possible laws of considering the (1) necessity, (2) consultation, (3) impact
assessments and (4) post-legislative review. The ECR upholds the COMPETE principles when
designing the Commission’s better law-making approach:
a) Competitiveness test: when designing policy responses,
the Commission should be striving to improve Europe’s
competitiveness globally. In order to achieve this, IAs
should be sensitive to the impact proposals will have on
competitiveness and should only present proposals that will
boost competitiveness, unless there are good reasons not
to in order to achieve an alternative aim.
b) One-in, one-out: businesses and people across Europe face
mounting administrative and regulatory burdens caused by
regulation, and the Commission should seek to address
a culture of imposing more and more rules. By imposing
regulatory offsetting, whereby new rules that add to
administrative and regulatory burdens can only be imposed
if a corresponding cut in existing burdens can be identified.
c) Measure impacts: an annual statement of net costs to
business of new regulation is essential for us to be able
to measure our effectiveness, or not, at tackling red tape.
The Commission already produces a statement in the form
of the REFIT Scoreboard; however this is a compilation
of mostly past initiatives which are often only tangentially
associated with cutting administrative burdens. A more
comprehensive and easily understood statement or ledger
of ‘debits and credits’ in terms of administrative and
regulatory costs would be much more useful, and would
show that the Commission understands that the cumulative
cost of regulation is often the problem.
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d) Proportionate rules: our rules should not overreach, but
should be lean and effective responses to policy challenges.
The Commission needs to improve therefore its adherence
to the principle of proportionality, and that this applies in
particular to delegated and implementing acts which are
often of a technical nature but may have wider impact.
e) Exemptions and lighter regimes: European regulation is very
often a blunt tool, tackling issues that are endemic in one
particular class but rare in others. This is extremely evident
when regulating companies operating on very different
scales, and the Commission needs to do more to reflect
in regulation that small and medium sized companies face
different challenges than a large or listed company may do.
Lighter regimes that remain consistent with overall aims
but seek to ease the burden on these companies should
be promoted, though the presumption should remain that
SMEs remain outside the scope of European legislation
unless evidence can demonstrate that they need to be
caught.
f) Target for burden reduction: over the past five years the
Commission has tackled red tape and reduced costs
for businesses and citizens by more than €27bn. The
Commission cannot however rest on its laurels and must
show more ambition, to further slim not only administrative
but also regulatory burdens which originate at European
level.
g) Evaluate and enforce: work is underway in the REFIT
programme to evaluate our existing legislation and
proposals that remain on the table. The Commission should
not avoid tackling the tough questions in this review, and
must stand behind its analysis where it identifies proposals
and regulations that are no longer useful or are designed in
a way that will not achieve their aims in most efficient and
least costly way. If efforts to improve better law-making
are restrained to only address new legislation, the battle
to transform Europe’s lagging competitiveness will be lost
before it is even begun.
The review of the better law-making approach should consider how national parliaments should
be better involved in decision making, in particular through a new political declaration from
the Commission whereby they will withdraw proposals which receive a yellow card under the
subsidiarity check mechanism.
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When President Junker addressed the ECR group in July he expressed his commitment to
maintaining the post of Chief Scientific Advisor. The ECR fully supports the retention of this as
part of the effort to ensure all policy is evidence-based.
The amount of financial services legislation passed in recent years is unprecedented, and
may in places risk undermining the effectiveness of the single market. The EP’s Economic
and Monetary Affairs Committee has decided to study the cumulative effect and coherence of
financial services legislation passed in recent years; the ECR urges a period of reflection and
consolidation to enable the EU to maintain those elements which work best and to modify those
which are least effective.
The ECR supports the recent trend of companies returning production and services to Europe
and the opportunities this brings for job creation. The ECR believes ‘that the economies of
the EU have a unique opportunity to accelerate this trend of re-shoring jobs and calls on the
Member States, together with the Commission, to consider dedicating support, including
the possibility of setting up ‘one-stop shops’, to help businesses take advantage of the
opportunities offered by re-shoring’.
The ECR supports privately-owned and family businesses. They have a significant role to
play in the strength and dynamism of the European economy. The ECR therefore calls on the
Commission to prepare a study on the benefit and the shape of possible future policy initiatives
in favor of privately-owned and family business, especially small and medium enterprises.
Political Guidelines
European Fund for Strategic Investments
.
ECR INITIAL DRAFT
COMMENTS
The ECR believes that the Commission’s proposal for unlocking at least 315 Billion Euros of
investment must focus on mobilising additional private investment beyond that already provided
by the market. Furthermore the Group believes the proposed outputs from the package must
meet the criteria of delivering real added value whilst contributing to long-term sustainable
economic growth. The ECR is concerned, however, about scrutiny measures and transparency
over the fund with regards to how it will be structured, how projects will be chosen and what will
happen to any returns to the EU.
To help stimulate growth the Commission must equally address the wider obstacles to private
investment in Europe’s economy such as excessive red tape, listing rules, and obstacles
to venture capital and crowd funding. The Commission should publish, and learn lessons
from, an assessment of its Project Bonds pilot programme setting out whether and how it
encouraged investment that would not have been possible without the EIB guarantees. In a
global investment market, investors need confidence in the overall economic framework and the
necessary legal security of their rights.
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The Fund should not be a vehicle simply to increase public liabilities and potential debt by
another means
2. A Connected Digital Single Market
Legislative proposals — first six months, including
Political Guidelines
Major new initiatives SG suggestions
Digital Single Market (DSM) Package (Q2 2015)
ECR INITIAL DRAFT
COMMENTS
Digital Single Market: There are many opportunities for growth, jobs and competitiveness in the
Digital Single Market from ecommerce and copyright to data analytics. The Commission VP
Ansip should ensure a connected approach is taken, with a particular focus on jobs, growth and
competitiveness. Implementation of existing rules is important as is analysing all existing barriers
and opportunities, while making sure they are impact assessed, future proof and fit for the
digital age. A Digital Single Market Act of non-legislative measures could focus on enhancing
implementation of existing rules. In addition, a high level of competition in the Digital Single
Market is important for consumers and businesses. As a result, the Commission should ensure
enforcement of EU competition rules.
E-commerce could save consumers more than €11.7bn a year if they could choose from
wide range of goods and services when shopping online. Specifically, obstacles could tackled
regarding online services, access to digital content, fraud prevention, website registrations,
sales promotions and labelling.
The following ambitions for the entire EU in developing a true digital single market must inter alia
be addressed:
• Unlocking e-commerce
•e-Payments
• Electronic Contracting, Tendering and Invoicing
•e-Procurement
•Trust
• Privacy and Data Protection
• Cybercrime and Security
• Digital Content and Copyright
• Interoperability and Standards
•e-Government
• Digital Infrastructure
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•
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Proposals mentioned
in Mission Letters
Public Sector Information and Open Data
Roaming, and
Online intermediaries
Big data benefits
Competition issues
Plan on cyber-security
ECR INITIAL DRAFT
COMMENTS
The ECR supports balanced initiatives on cyber security, and the protection of children online,
also support more resources for the European Cybercrime Centre, and a speedy conclusion to
the new EUROPOL Regulation.
Proposals mentioned
in Mission Letters
E-privacy directive reform (after agreement on data protection)
ECR INITIAL DRAFT
COMMENTS
The ECR supports a balanced Data Protection Regulation, which is proportionate to protecting
individual rights and growing innovation and the economy but does not support the new Data
Protection Law enforcement Directive, or the “Package” approach.
Services: There is no mention of the services sector in the CWP 2015, despite the fact the
Commission is looking at this and conducting studies in this area to be published in mid2015. The ECR would encourage the Commission take a sector specific approach, focused
on sectors with the biggest economic growth potential (where there is evidence which
clearly demonstrates their potential economic impact), such as business services, insurance
and ecommerce. The Commission should review restrictive practices in place, such as the
‘economic needs test’ regarding the Services Directive.
More ambitious telecoms reform
Political Guidelines
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ECR INITIAL DRAFT
COMMENTS
With regard to more ambitious telecoms reform, we should monitor trends in the provision of
services, particularly offers on bundled content and services to ensure that large operators do
not abuse dominant positions, to the detriment of consumers.
Following on from the controversial Connected Continent proposals from 2013, any further
legislation in this area must be subject to a wider public consultation and a thorough impact
assessment that stands up to scrutiny. The ECR is concerned over the lack of investment
in our telecoms infrastructure and believe that any reforms should ensure a competitive
framework to drive investment in mobile and broadband networks, in particular in rural areas.
In this regard the ECR is concerned at recent overtures from the Commission that suggest we
could be moving away from the pro-competitive approach that underpins the sector towards
consolidation by a limited number of players that could lead to significant increases in consumer
prices.
There are also clear economic opportunities with developing cloud computing, which should
be considered and it is essential that an international outlook and international standards are
considered (rather than a purely EU perspective).
Political Guidelines
Major new initiatives SG suggestions
Copyright modernisation
Proposal on copyright reform - 2015
ECR INITIAL DRAFT
COMMENTS
The ECR requests that in any reform of digital and copyright issues, full attention is paid to the
cultural implications, equal accessibility for all users and in particular that where best practice
has already resulted in a satisfactory relationship between rights holders and commercial users
of such rights, such arrangements should be respected and allowed to continue undisturbed.
The Copyright proposal is fine in terms of we should have a proposal, but the precise terms
are to be determined.
The ECR calls on the Commission to come up with the long overdue copyright reform, in
particular with regard to measures which would enhance the potential of the digital single
market, especially concerning access to content, dissemination of knowledge and viable
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models for cross-border services; in this regard, the review of Directive 2001/29/EC is
fundamental for the future reform, which should take into account new technologies as well as
consumers and users behaviour, and should also take in account cultural and social factors
such as the impact on cultural diversity, the creative industries and remuneration of rights
holders
Consumer rules for online and digital purchases
Political Guidelines
ECR INITIAL DRAFT
COMMENTS
Regarding consumer rules for online and digital purchases, it is important that customers
are afforded the same protection and accessibility online as in their traditional markets. In
addition, implementation of the Consumer Rights Directive provisions is important.
With regard to the consumer protection elements of the Connected Continent proposal,
these could be adopted as there are largely non-controversial (e.g. consumer information
provisions regarding data use and consumption).
The Commission does not mention implementation. Implementation of both the services
directive and goods package legislation is key to unlocking the benefits of the single market for
businesses as it prevents duplicate testing, restrictions and other barriers which stop access
to other Member States. The principle of mutual recognition is fundamental and should be reenforced. Finally, the Commission should assist Member States with key problems they have
identified regarding Single Market legislation, including improving transposition and compliance
deficits and obtaining fast and efficient judicial redress
Efforts to boost digital skills and facilitate start-ups
Political Guidelines
ECR INITIAL DRAFT
COMMENTS
Efforts to boost digital skills should not infringe subsidiarity and the rights of member states for
skills.
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3. A Resilient Energy Union with a Forward-Looking Climate Change Policy
Political Guidelines
New European Energy Union
Proposals mentioned
in Mission Letters
Actions to strengthen energy security — 3 to 12 months
Legislative proposals to implement 2030 climate and energy
package (timing to be discussed)
Major new initiatives SG suggestions
Follow on to energy and climate package (including EU
position for UN Conference on climate change and review of
ETS State aid Guidelines) - 2015
ECR INITIAL DRAFT
COMMENTS
The ECR look forward to further proposals on EU energy security, which is again at a crucial
juncture given the ongoing events in Ukraine. Energy security must be enhanced through
measures across a spectrum of options, such as diversification of suppliers, improvements
in energy efficiency to reduce consumption, an increased use of nuclear and indigenous
sources of energy, such as shale gas in those Member States interested, as well as substantial
investment in grid, infrastructure and energy generation.
Creating the right framework to stimulate and encourage private sector investment is essential.
The idea of ‘collective purchasing’ of gas and other energy products has generated much
debate in recent months and needs further clarification. We must ensure that further
cooperation regarding energy negotiations go hand in hand with reinforcing competition within
the internal market - which we must view as key to security of supply in the long-term as well as
contributing to our diversification goals.
The ECR notes the recent agreement at the October European Council on the 2030 climate
and energy policy. We particularly welcome the absence of binding renewable targets per
Member State is also welcomed as the current targets have proved to be inflexible, costly and
have throttled investment in other low carbon energy technologies such as CCS. However, in
the context of this framework, it is imperative that provisions to protect industrial sectors at risk
of carbon leakage be maintained. The ECR would also like to see an increase in exploitation in
Europe’s indigenous energy sources as key element of the EU energy union.
Much has been made of the ‘energy union’ and we look forward to seeing the substance
translated into tangible policy. We believe that any energy union must be underpinned by a
well-functioning internal energy market where barriers to the market are removed via an increase
in interconnectors and an updated transmission system that enhances the trading of energy
throughout the EU. Policies must respect the right of member states to determine their own
energy mix.
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Proposals mentioned
in Mission Letters
In-depth evaluation of Birds and Habitats directives
ECR INITIAL DRAFT
COMMENTS
The ECR questions what is the precise objective of the proposed in-depth evaluation? How
will this evaluation be judged? The ECR Group recommends an agreed approach between
the Commission and the Parliament before the executive begins its work, in order to ensure
Parliament plays an inclusive part in the evaluation.
Proposals mentioned
in Mission Letters
Reassessment of air and waste packages
ECR INITIAL DRAFT
COMMENTS
See later in document
Political Guidelines
ECR addition; implementation: Third liberalisation package for
gas and electricity
ECR INITIAL DRAFT
COMMENTS
Correct and timely implementation of the third liberalisation package for gas and electricity and
in addressing the current fragmentation of the market. The regulation of state aid for sustainable
energy sources must, to the greatest extent possible, be done in the same spirit as any other,
while taking into consideration the EU’s 2030 targets for climate and energy.
4. A Deeper and Fairer Internal Market with a Strengthened Industrial Base
Capital Markets Union
Political Guidelines
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Proposals mentioned
in Mission Letters
Major new initiatives SG suggestions
Proposals to complete regulatory framework for financial
services, incl. delegated and implementing acts
Review of functioning of ESRB and 3 ESAs
Simplification of direct payments, rural development, quality
policy and fruit and vegetable scheme — first year
Unified standards for safety and security in transport
A coherent and stable regulatory framework for space
applications
Blueprint towards a Capital Market Union / Single Capital
Market
Crisis management and resolution of financial institutions other
than banks (CWP 2014) — Q1 2015
ECR INITIAL DRAFT
COMMENTS
The ECR disagrees with the EP’s standing position on delegated and implementing acts, which
is based on a dogmatic approach to defend supposed EP prerogatives. That said, resolving
the situation whereby every dossier descends into a knife-fight when delegated powers are
discussed would go some way towards improving legislative drafting.
In second-tier rule-making, attention should be given to the experience in other jurisdictions and
what lessons, such as the use of digital fora for consultations, might be relevant.
ECR supports the development of space applications and services in view to benefit from
European space programmes and in this regard we look forward to future activities by the
European Commission. The ECR suggests however that European Commission reviews the
current space programmes in such a way that it will respect sanctions on Russia and ensure the
independence of EU space programme from interference.
The ECR welcomes the blueprint for a CMU/SCM. As we seek to encourage economic growth
in the EU it is logical to seek to unlock capital flows and focus on equity rather than debt based
investment. New methods of financing Europe’s SMEs must be delivered.
The ECR agrees that focus must now turn to the recovery and resolution of systemically
important non-bank institutions in order to ensure confidence in the entire market.
As noted above the ECR Considers that the amount of financial services legislation passed in
recent years is unprecedented, and may in places risk undermining the effectiveness of the
single market; takes note of the decision of the Economic and Monetary Affairs Committee
to study the cumulative effect and coherence of financial services legislation passed in recent
years; and urges a period of reflection and consolidation to enable the EU to maintain those
elements which work best and to modify those which are least effective;
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Political Guidelines
Major new initiatives SG suggestions
Labour mobility and review of Posting of Workers Directive
Labour mobility package — Q4 2015
ECR INITIAL DRAFT
COMMENTS
In terms of the review of the posting of workers directive, the ECR would not welcome a
complete review of the directive.
Any targeted review must be proportionate and based on robust evidence.
There has already been a review of the implementation directive which clarified the protection for
workers posted to another EU country – it ensured that workers’ rights can be clarified without
protectionism or more red tape on businesses
5. A Deeper and Fairer Economic and Monetary Union
The ECR notes that economic development in the European Union is still fragile and
unbalanced, and gradual recovery in some member states is counterbalanced by slackening
economic development in other member states, as well as by deflationary tendencies. The
ECR therefore urges the Commission to focus on measures that enhance the European Union’s
competitiveness and to refrain from policies which risk encouraging wealth-creating activity to
locate in other jurisdictions;
Political Guidelines
Legislative and non-legislative proposals to deepen EMU —
first year, including
- stability oriented review of six-pack and two-pack (exact
timing tbc - will be done in 2014)
- proposals for further structural reforms
- external representation
Troika’ reform and social impact assessments of economic
support programmes
Major new initiatives SG suggestions
Package to deepen the EMU — Q3 2015
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ECR INITIAL DRAFT
COMMENTS
The ECR would urge caution about integration of the Fiscal Compact into the EU legal
framework, and recognition of the need for economic governance measures to not be
prejudicial to the interests of non-eurozone MSs.
The ECR stresses the need respect subsidiarity especially in areas such as employment and
social policy
The ECR stresses that growth-enhancing structural reforms will be an essential part in improving
the economy of the European Union. The ECR calls on the Commission to draft growthenhancing proposals for structural reforms under the European Semester cycle. The ECR
underlines that the Commission’s proposals for structural reforms should thoroughly consider
the distinguished economic environments of the Member States. Structural reforms should
enhance productivity, reduce entry barriers in product markets and include labour market
reforms; underlines that the implementation of structural reforms fall under the prerogatives of
the Member States.
Budgetary stability is needed to prevent negative externalities stemming from excessive deficits
and debt to GDP ratios. Deflationary pressures might hamper the foreseen flexibilities in Member
States’ budgetary leeway. The ECR therefore encourages the Commission and the Member
States to come up with solutions to attract private investments and find more efficient ways to
utilise scarce public funds;
The ECR is concerned about the lack of political accountability of the Troika and urges the
Commission to provide an estimate on when the Troika will be made redundant.
The ECR stresses that the European Semester is a mechanism for coordinating economic and
budgetary policies in the Member States, and underlines that voluntary implementation of CSRs
is beneficial for achieving financial stability in the EMU that is conducive to growth and jobs.
ECR recalls, however, that Member States’ track record of implementing the CSRs is very
low and therefore calls on the Commission to strengthen the European Semester process by
making sure that the non-binding recommendations are as relevant as possible for EU- and
national-level economic policy-making
The ECR invites the Commission to report on a regular basis in the Parliament’s competent
committee on the measures taken to ensure progress on the implementation of the CSRs
and on the progress achieved thus far; points out that Member States should be given the
opportunity to voluntarily participate in an exchange of views on compliance with the CSRs in
the Parliament’s competent committee. The rights of non-euro area members need to be
respected to protect the single market.
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6. A Reasonable and Balanced Free Trade Agreement with the U.S.
The ECR agrees with the need to ensure that the Commission should work towards completing
TTIP. However, priorities concerning trade policy should not be limited to this area. The
Commission should include all multilateral, plurilateral and bilateral trade and investment
agreements currently being negotiated by the Commission as well as those that have been
completed but not yet finalised such as the EPAs with EAC, SADC and West Africa and the
WTO Trade Facilitation Agreement.
All negotiations should aim to conclude as deep, comprehensive and balanced agreements
as possible, addressing tariffs, non-tariff barriers and technical barriers to trade, across a
wide range of sectors, including, but not limited to, financial services, professional services,
insurance, chemicals, processed foods, intellectual property and automotive.
The Commission should submit the FTAs with Singapore and Canada to the Member States for
signature.
Furthermore, the Commission should draft directives for the Council to agree on a
modernisation of the existing free trade agreement with Mexico and launch talks with Jordan
and Tunisia.
The Commission should also examine launching talks with all remaining OECD partners, in
particular strategic allies such as Australia and New Zealand.
The ECR welcomes the Commission Communication of 25th November 2014 concerning
transparency in TTIP negotiations and considers this a first necessary step towards improving
transparency, stakeholder consultation and access to documents for Members and citizens
alike, while respecting the need to maintain a degree of necessary confidentiality in all trade
negotiations. The ECR believes that this improved transparency will allow for a more informed
and fact based consideration and debate, both public and political, and asks that both 1st
Vice-President Timmermans and Commissioner Malmstrom work with Parliament in 2015 to
ensure the successful translation of these and other possible future proposed improvements in
transparency at the earliest occasion possible. The ECR suggests the need to ensure that the
Commission in negotiating TTIP will also take into account the geostrategic dimension to the
TTIP agreement, especially its impact on relations with Association Agreement countries like
Ukraine, other global actors like Russia and China.
7. An Area of Justice and Fundamental Rights Based on Mutual Trust
Political Guidelines
Proposals mentioned
in Mission Letters
EU accession to the ECHR
Concluding negotiations on a comprehensive EU/¬US data
protection agreement which provides justiciable rights for all
EU citizens
Review of the safe harbor agreement with the US
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ECR INITIAL DRAFT
COMMENTS
The ECR is against reference to accession to ECHR, and indeed the work programme should
not prejudge the opinion of the Court of Justice
The ECR would prefer reference to the need for evaluation and incremental reform in the area
of civil law instruments to improve the way in which these function. The ECR supports a quick
adoption of the European Small Claims Procedure, but this should be followed by a wider
assessment of where improvements could be made to support cross-border trade through
these existing instruments.
The ECR supports review of the safe harbor agreement, but not suspension.
The ECR support conclusion of EU-US Data protection agreement, but not at the delay of
interim agreements between the U.S. and EU (such as TTIP)
The ECR emphasises the need to conclude the 4th Anti-Money Laundering Package.
The ECR support a balanced Data Protection Regulation, which is proportionate to protecting
individual rights and growing innovation and the economy. The ECR does not support the new
Data Protection Law enforcement Directive, or the “Package” approach.
The ECR calls for all fundamentals rights to be applied equally, fairly and without contradiction.
8. Towards a New Policy on Migration
Political Guidelines
Proposals mentioned
in Mission Letters
Major new initiatives SG suggestions
New policy on legal migration, with the review of the Blue Card
Directive as a first step
Stepping up operational capabilities of Frontex
Strategy to respond to emergency situations in asylum
Operational measures to fight terrorism and counter
radicalization (incl.’ foreign fighters’)
Communication on Internal Security Strategy 2015-2020 —
Q2 2015
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ECR INITIAL DRAFT
COMMENTS
The ECR is against the Blue card Directive.
The ECR supports better operational capabilities for FRONTEX as well as early warning systems
etc. for asylum influxes, but not suspension of Dublin Agreement.
The ECR supports an EU policy which focuses on better processing of asylum seekers by
Member States, better detention conditions, preventing loss of life at sea, combatting human
traffickers, and exploring cooperation with third countries including returns agreements.
The ECR does not support more legal forms of migration, permanent relocation schemes,
resettlement schemes or compulsory solidarity.
The ECR strongly support measures to combat foreign fighters, particularly in this regard the EU
PNR Directive as called for by EU Council.
The ECR supports communication on internal security strategy, particularly a focus on a holistic
approach.
The ECR seeks concrete action to combat benefit tourism and urges supranational authorities
to respect member states’ competencies over their welfare systems.
The ECR believes that a priority in dealing with the pressures for migration is to tackle the
problems at source through third country agreements & cooperation and frameworks such as
the EU’s neighborhood policy.
9. A Stronger Global Actor4
Political Guidelines
Need to be more effective in bringing together the tools of
Europe’s external action.
Proposals mentioned
in Mission Letters
European Neighbourhood Policy stocktaking and way forward
— first year.
Major new initiatives SG suggestions
MDG/post-2015 framework — Q1 2015
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ECR INITIAL DRAFT
COMMENTS
The ECR recognises that while there are areas where EU Member States can and should
cooperate more closely, the right of Member States to act alone in its own interests on foreign
affairs, security and defence policy must be respected. The ECR supports the rights of countries
in the EU’s Eastern Neighbourhood to defend their territorial integrity in the face of aggression
Underlines the importance of working in cooperation with, not in competition to, organisations
like the United Nations, NATO and the G20 in able to ensure the EU and its Member States
effectively face existing and emerging foreign and security challenges, particularly in its Eastern
and Southern Neighbourhoods. The ECR suggests that the Commission reviews cooperation
with Russia in its overall activities especially in light of sanctions aimed at Russia for its
aggression against Ukraine as well as hostile acts against EU member states, especially in
Central and Eastern Europe.
10. A Union of Democratic Change
Political Guidelines
Review of GMO legislation
Proposals mentioned
in Mission Letters
Review of decision-making process for GMOs - first six
months.
Major new initiatives SG suggestions
Proposal for GMO authorization for food and feed purposes —
Q2 2015.
ECR INITIAL DRAFT
COMMENTS
2015 is too early to propose any new change to the EU GMO legal framework as the impact of
a revised Directive on the Deliberate Release into the Environment of GMOs (2001/18/EC) has
to be assessed first.
The proposal on cultivation, which is currently being negotiated at trilogue, was proposed by the
Commission as a response to demands from several Member States and to public pressure.
To this end, the proposal on food and feed is supposed to strengthen democratic involvement
in this policy area, and thus unlock the EU authorisation process.
20
Therefore, any new proposal at this stage would pre-empt the impact of the current proposal on
cultivation, which would not be coherent or responsible policy-making.
Transparency initiative.
Political Guidelines
Proposals mentioned
in Mission Letters
Major new initiatives SG suggestions
IIA on mandatory lobby register covering EP, Council and
Commission.
IIA on better law-making.
ECR INITIAL DRAFT
COMMENTS
The ECR support efforts to improve transparency.
The ECR believes there should be a review of the European Citizens Initiative
The ECR strongly supports revision of IIA on better law-making.
Political Guidelines
ECR addition: Rights of non-euro countries
ECR INITIAL DRAFT
COMMENTS
The ECR seeks clarification on the details of the “fair deal”, which Juncker offered UK prior to
his nomination as President of Commission. It seeks re-confirmation that the fair deal can apply
to other non-euro countries, not only the UK, and that non-participating member states will not
be part of the ever closer European monetary union.
Political Guidelines
ECR addition: role of the regions
21
ECR INITIAL DRAFT
COMMENTS
The ECR strongly support the principle of subsidiarity and calls on the Commission to give
attention to the role, responsibilities and competences of the regions when implementing EU
policies.
Political Guidelines
ECR addition: Fight against tax evasion, aggressive tax
avoidance
ECR INITIAL DRAFT
COMMENTS
The Commission should support Member States to promote the fight against tax fraud, tax
evasion and aggressive tax avoidance, and the use of tax havens, drawing on the expertise of
the OECD in fostering tax good governance in all relevant international forums.
ECR addition: Cultural activities
Political Guidelines
ECR INITIAL DRAFT
COMMENTS
The ECR believes that there are many opportunities for cultural activities to benefit fully from
worldwide commercial developments, and encourages the Commission not to rule out such
activities in trade deals, and especially in TTIP, whilst protecting member states’ heritage and
culture; furthermore, points to the considerable entrepreneurial success of the cultural sector
in Europe, noting that any trade deals which excluded cultural activities could adversely affect
businesses in the EU.
Political Guidelines
ECR addition: Budgetary Control
22
ECR INITIAL DRAFT
COMMENTS
As an ongoing area which needs fresh thinking and a new approach, the ECR is dismayed
there are no references to any initiatives to address financial mismanagement of the European
Union’s budget. It appears the incoming Commission either has no appreciation of the scale of
the problem or no will to solve it. The ECR reiterates the Parliament’s demand that there be a
dedicated Commissioner for Budgetary Control who will have the focus and attention to deliver
the necessary reforms which are sadly completely missing in the outline programme.
23
II.Recurrent initiatives, REFIT initiatives
and review of pending proposals
1. A New Boost for Jobs, Growth and Investment
Recurrent initiatives,
REFIT initiatives and
review of pending
proposals5
Recurrent initiatives:
- European Semester, Staff Working Documents and InDepth Reviews — Q1 2015
- Joint Employment Report and Employment Guidelines —
Q1 2015
- Recommendations for Country-specific Recommendations
— Q2 2015
- Annual Growth Survey 2016 — Q4 2015; Alert Mechanism
Report - Q4 2015
ECR COMMENTS
The ECR does not want employment and social policy on an equal footing with macroeconomic ones. The ECR does not agree with solidarity mechanisms such as an EU wide
unemployment benefit scheme. For any such proposals we want proper impact assessments.
The ECR has not supported recent EMPL reports on the EU Semester and AGS. ECR priorities
in this area is to create jobs by cutting red tape, better regulation, and any measure that will
encourage re-shoring by creating a hospitable environment for businesses.
Impact Assessments to be published when a proposal goes out for consultation
- A concrete burden reduction target to be introduced and
- Specific exemptions to be introduced for micro-enterprises.
The ECR does not support the Commission’s proposals on mandatory origin marking as there
was not an impact assessment carried out by the Commission on the implications of this in terms
of increased consumer safety. In fact, the ECR submitted questions to the Commission asking
for statistics, figures and evidence to support their proposals and increased consumer protection
but this was not sufficiently provided and answers was not given to key questions. Furthermore,
a hearing held by the ECR with stakeholders also revealed there was a lack of support for the
proposals among a wide range of stakeholders who argue origin marking does not enhance
traceability of a product or consumer safety and consumer groups do not even support it.
24
2. A Connected Digital Single Market
Recurrent initiatives,
REFIT initiatives and
review of pending
proposals5
For review:
Possible amended proposal for Telecoms package
(2013/0309 COD)*
ECR COMMENTS
(See part 1 section on the Digital Single market) Any new proposal should focus on growth.
Non-controversial consumer elements could be adopted from Connected Continent (such as
consumer information provisions on data consumption)
The ECR have been the parliament’s most vocal critics of the way this legislation was proposed
in that it was not subject to a public consultation and came with an impact assessment that
did not stand up to scrutiny. However the ECR has worked with the other political groups to
improve the draft text so that the parliament’s position now contains significant improvements
for consumer rights and would also pave the way for the end of roaming charges throughout
the EU. The net neutrality provisions have sparked intense debate within the parliament and
across the EU and we would welcome the commission revisiting the proposals. The ECR
strongly believe in the principle of an open internet where traffic is treated equally in a nondiscriminatory manner. At the same time however we recognise that the growth in the use of
the internet, in particular Internet Protocol TV, has put further pressure on service providers
to efficiently manage their network capacity using traffic management tools. We therefore
believe that any further legislation in this area must have consumer protection at its core whilst
permitting necessary traffic management and specialised services where they are not materially
detrimental to other users, while at the same time endowing authorities with the ability to take
action against criminality.
3. A Resilient Energy Union with a Forward-Looking Climate Change Policy
Recurrent initiatives,
REFIT initiatives and
review of pending
proposals5
REFIT initiatives:
Review of Ecodesign/energy labelling directives - Q1 2015:
- Repeal of Directive 2003/66 amending Directive 94/2/EC
implementing Council Directive 92/75/EEC with regard to
energy labelling of household electric refrigerators, freezers
and their combinations; (REFIT Communication June 2014)
- Repeal of Directive 1999/9 amending Directive 97/17/EC
implementing Council Directive 92/75/EEC with regard
to energy labelling of household dishwashers; (REFIT
Communication June 2014)
25
- Repeal of Directive 96/89 amending Directive 95/12/EC
implementing Council Directive 92/75/EEC with regard to
energy labelling of household washing machines) (REFIT
Communication June 2014)
ECR COMMENTS
Review of Ecodesign/energy labelling directives
Energy using products such as motors and fridges account for up to 40% of total energy
consumption in Europe.
These directives allow for the development of minimum energy performance standards for
energy-using and energy-related products, banning the least energy efficient products from
either production for the EU market, or import into the EU.
They also give the Commission powers to bring forward individual product-specific
implementing regulations. Standards are set at a cost-effective level, but other environmental
impacts can also be addressed.
The ECR is supportive of the existing directives, which have proved to be fit for purpose, but
could endorse a review under REFIT if it centres on an appraisal of the process for compiling/
enforcing implementing regulations via delegated acts (these give the Commission significant
powers to make decisions without necessarily involving Member States), and on improved
communication in order to emphasise the benefits of these directives to consumers.
The ECR is concerned by the lack of public support for ecodesign and that more work is
required improve public consultation and awareness.
Recurrent initiatives,
REFIT initiatives and
review of pending
proposals5
ECR addition: Proposed Directive on Access to Justice in
Environmental Matters
ECR COMMENTS
All proposals for further legislation in this area are unnecessary. The Commission should now
withdraw this proposal in its entirety, in line with its commitment in its REFIT Communication.
Recurrent initiatives,
REFIT initiatives and
review of pending
proposals5
ECR addition: Soil Framework Directive
26
ECR COMMENTS
The European Commission should withdraw this proposal in its entirety, which would impose
additional costs on European business and threatens growth and jobs.
Recurrent initiatives,
REFIT initiatives and
review of pending
proposals5
- Legislative update / review of the Regulation of the Supply
Agency of the European Atomic Energy Community of
5 May 1960 determining the manner in which demand is to
be balanced against the supply of ores, source materials
and special fissile materials (0J P 032 11/05/1960 p. 0777
— 0779) (REFIT Communication June 2014)
- Legislative update / review of the Regulation of the Supply
Agency of the European Atomic Energy Community
amending the rules of the Supply Agency of 5 May 1960
determining the manner in which demand is to be balanced
against the supply of ores, source materials and special
fissile materials, (0.J. L 193, 25/07/1975, p. 0037 — 0038)
(REFIT Communication June 2014)
For review:
Air package (2013/0442/0443 COD)*
ECR COMMENTS
Air package (2013/0442/0443 COD)*
The Clean Air Package consists of four elements: a Clean Air Programme for Europe – this
supersedes the current Thematic Strategy on Air Pollution and sets the direction for air quality
policy until 2030; a proposal for a National Emission Ceilings (NEC) Directive – this would
repeal and replace the current National Emission Ceilings Directive; a proposal for a Directive
on medium-sized combustion plants which would establish a system of registration and
set emission limits for combustion plants with a rated thermal input of between 1MW and
50MW; and a proposal for a Decision to ratify the 2012 amendment to the Gothenburg
Protocol on behalf of the EU.
NEC directive
The rapporteur for the key piece of legislation in the air package, the NEC directive, is the ECR
environment committee coordinator - Julie Girling.
This proposal sets new ceilings on emissions for sulphur dioxide, nitrogen oxides, ammonia,
and non-methane volatile organic compounds for 2020 and 2030. It would also extend the
directive to cover particulate matter (PM2.5) from 2020 and methane (CH4) from 2030.
The NEC’s limits for 2020 reflect limits that have been agreed internationally under the
Gothenburg Protocol to the UNECE Convention on Long Range Trans-boundary Air Pollution.
27
Conclusions
The ECR supports the inclusion of the air package in the Juncker Commission’s jobs and
growth agenda, but would not endorse the withdrawal of the NEC and Medium-sized
Combustion Plants directives.
We believe that the co-legislators must continue their work – particularly on the NEC directive
- given the importance of tackling air quality to address significant public health concerns, the
need to reduce the effects of atmospheric nitrogen deposition on the natural environment, the
urgency of meeting the internationally agreed 2020 limits, and the importance of reducing the
number of infringement proceedings (there are currently 17 Member States in breach and the
Commission is preparing further infringement proceedings) with the existing legislation under the
smart regulation agenda.
Recurrent initiatives,
REFIT initiatives and
review of pending
proposals5
Waste package (2014/0201 COD)*
ECR COMMENTS
Waste package (2014/0201 COD)*
The waste package responds to the legal obligation to review the waste management targets of
three Directives: Directive 2008/98/EC on waste; Directive 1999/31/EC on the landfill of waste;
and Directive 94/62/EC on packaging and packaging waste.
Concerns raised in Council
The proposal’s accompanying impact assessment has been criticized by a number of Member
States in Council, expressing concerns over the level of ambition, data gaps and apparent
inaccuracies. For example:
- Concerns have been raised regarding the proposal’s very high targets, apparently unfeasible
and with implications for the quality of recycled material put onto the market, even from
larger Member States (included a goal of recycling 70% of municipal waste by 2030, and
80% recycling goals for packaging and wood waste, as well as 90% goals for ferrous metal,
aluminium and glass).
- There is discontent with the new definition of municipal waste, which should not be tied to
the type of organisation undertaking the collection, but governed by the nature of the waste.
- New minimum requirements for Extended Producer Responsibility, have been questioned on
subsidiarity and administrative burden grounds.
- New burdens potentially posed by third party verification of statistics.
- More reporting requirements on hazardous and other wastes, which should be more
proportionate to the risk;
28
- A new Early Warning System on which Member States are concerned that the Commission
may be able to veto Compliance Plans should these not meet the prescriptive requirements
in the proposal.
The UK, Netherlands, Lithuania, Bulgaria, Belgium, Greece, Slovakia and France called for more
action on preventing waste (through better product policy, such as Ecodesign), stating that the
Commission’s proposal is too focused on waste management rather than prevention.
Conclusions
The ECR supports the inclusion of a review of the waste package in the Juncker Commission’s
jobs and growth agenda, but would not endorse its withdrawal.
This is in essence an economic package (access to and reuse of raw materials is crucial for
competitiveness and in discussion of re-industrialisation of EU. Also the link with the energy
question is key – more recycling = less energy use).
The ECR supports the general philosophy of the package (targets to encourage reuse and
recycling, the need for a clear definition on municipal waste and the need to measure recycling
rates more precisely). Further clarification on the Commission’s proposals is needed The waste
package should serve to identify further opportunities to reduce burdens on SMEs, including
through simplifying reporting requirements.
Recurrent initiatives,
REFIT initiatives and
review of pending
proposals5
Classification, packaging and labeling of dangerous
preparations — Recast (2012/0007 COD)
ECR COMMENTS
The CLP represents a bridging piece of legislation, which ensures proper legal continuity within
the legal sectoral framework, currently under fundamental reform due to the adoption of the
Lisbon Treaty and the REACH regulation.
The CLP has been included here by the Commission as it applies to a Directive that will be
phased out in 2015
The ECR could support the proposed review as part of an ongoing review of chemicals
legislation to ensure the clarity and precision of applicable rules.
29
Recurrent initiatives,
REFIT initiatives and
review of pending
proposals5
Energy Tax Directive
ECR COMMENTS
The ECR firmly opposes this proposal on the grounds that, in our view, key elements of it
breach the Treaty principles of subsidiarity and proportionality.
The TFEU provides, in Article 113, for the harmonisation of excise duties “to the extent that
such harmonisation is necessary to ensure the establishment and functioning of the internal
market and to avoid distortion of competition.” It is our opinion that the key issue for the
effective operation of the Single Market is the level of minimum tax rates on energy products,
which affects the disparity in duty levels applied to each energy product nationally by the 28
Member States.
At EU level this justifies the continuing use of minimum rates of duty. However, there are no
Single Market considerations to justify the harmonisation at EU level of the structure of Member
States duty systems. It should remain up to Member States how they structure their energy tax
systems, including whether they choose to use carbon or energy taxes.
The ECR would therefore support the withdrawal of this proposal.
4. A Deeper and Fairer Internal Market with a Strengthened Industrial Base
Recurrent initiatives,
REFIT initiatives and
review of pending
proposals5
REFIT initiatives:
Review of the Information and Consultation Directives (followup REFIT and CWP 2014— Q1 2105 first stage consultation;
Q3 2015 second stage consultation) (RENT Communication
October 2013)
ECR COMMENTS
The ECR does not support the calls that were contained in an INI report (S&D) on
information and consultation of workers which called for a new legal act to be brought
forward. Whilst acknowledging the importance of information and consultation the e ECR
prefers to ensure flexibility for both workers and employers.
30
Recurrent initiatives,
REFIT initiatives and
review of pending
proposals5
[Simplification of Business Marketing Directive (misleading and
comparative advertisement)] — tbd - (REFIT Communication
October 2013 and REFIT Communication June 2014)
[Simplification of Working time Directive] — tbd- (REFIT
Communication October 2013)
ECR COMMENTS
On the Working Time Directive, we would support the withdrawal of the WTD. In any review
we would not want the Commission to come forward with proposals that are worse than what
we already have. There are a number of controversial issues that the social partners have
failed to reach agreement on including - on-call time, opt-out, paid annual leave and multiple
contracts.
Recurrent initiatives,
REFIT initiatives and
review of pending
proposals5
Discrimination in Transport Rates and Conditions: Repeal
of Council Regulation No 11 concerning the abolition
of discrimination in transport rates and conditions, in
implementation of Article 79 (3) of the Treaty establishing the
European Economic Community of 16 August 1960 (REFIT)
ECR COMMENTS
ECR supports removal of outdated requirements (from 1960) for documentation on a series of
issues when transporting goods across national borders within the EU.
Recurrent initiatives,
REFIT initiatives and
review of pending
proposals5
Development of a new comprehensive architecture for
business statistics (REHI Communication October 2013)
Extension of the one-stop-shop to all business to consumer
(B2C) supplies, notably to distance sales of goods, including
imports of small consignments
(2014-2016) (REFIT Communication October 2013)
For review:
- Targeted review of the Posting of Workers Directive - 2015
(TBC)*
- Proposal for a directive on investor compensation schemes
(2010/0199 COD)
- Proposal for a directive on aviation security charges
(2009/0063 COD)
31
ECR COMMENTS
While the ECR group supports the need for aviation security charges to be fair and
proportionate, given the numerous difficulties of the aviation security charges proposal, including
scope of the directive, cost-relatedness issue and aspect of the state financing, the Group is
sceptical about the future of this proposal and urges the Commission to withdraw the outdated
proposal. Moreover, common principles for the levying of security charges at Community
airports should be aligned with the Airport Charges Directive.
Recurrent initiatives,
REFIT initiatives and
review of pending
proposals5
ECR addition: Proposal for a regulation establishing a
framework on market access to port services and financial
transparency of ports (2013/0296 COD)
ECR COMMENTS
ECR group urges to revise the port service directive proposal, in order to achieve a more
realistic and workable regulation. Scope of the proposal should be reconsidered, a number
of procedural provisions should be changed to more realistic approach, and the principle
of autonomy of the port to set its own charges should be carefully weighted in order not to
undermine successful ports and investment in ports. ECR group believes that fairer competition
between ports, not greater regulation of their internal operations, will promote more efficient
ports across Europe.
Recurrent initiatives,
REFIT initiatives and
review of pending
proposals5
Proposal for a regulation on compensation fund for oil pollution
(2000/0326 COD)
Safety and health of pregnant workers (2008/0193 COD)
(but COM ready to support current efforts to unblock the file)
Hygiene of foodstuff (2007/0037 COD)
ECR COMMENTS
THE ECR Group opposes the current Safety and health of pregnant workers directive. The
amendments proposed by the Parliament caused a large divide among all political groups
as the perceived impact of some of the key amendments varied from one country to another
depending on their own national legislation on maternity pay, leave and other associated
arrangements.
32
Recurrent initiatives,
REFIT initiatives and
review of pending
proposals5
Plant reproductive material (2014/0137 COD) - possible
withdrawal followed by new proposal
ECR COMMENTS
The main objective of this legislation (current and proposed) is to assure the quality of marketed
plant reproductive material (PRM).
The ENVI committee rejected the Commission proposal on PRM back in January 2014 (as did
the lead committee – AGRI) and the ECR strongly welcomes this review.
The proposals for PRM were part of the larger package ‘Simpler Rules for Safer Food’, based
on extension of the regulation for Official Food and Feed Controls to cover mainly food, feed,
plant health, animal health and PRM. A fundamental issue however - was the lack of justification
given for these changes. The ECR questions why such a large package of measures was
brought under one umbrella.
Moreover, the Commission’s original stated objectives for simplification, increased delegation
to industry, environmental protection and conservation of plant genetic resources were not
immediately apparent in its original proposal. Moreover, large numbers of delegated and
implementing acts are envisaged to provide further detail.
To give a few examples, the current Commission text proposes a “one size fits all” approach
that does not meet the different requirements of existing plant reproductive material and
the needs of operators, consumers and competent authorities; extended the remit of the
Community Plant Variety Office (CPVO); and included vague definitions and unnecessary
administrative burdens on Member States and operators (potentially leading to reduced choices
and less transparency for consumers).
Recurrent initiatives,
REFIT initiatives and
review of pending
proposals5
Approximation of the rates of excise duty on alcohol and
alcoholic beverages” (2006/0165 CNS)
Common system of value added tax, as regards the treatment
of insurance and financial services (2007/0267 CNS)
ECR addition: Proposal for a directive of the European
Parliament and of the Council on improving the gender balance
among non- executive directors of companies listed on stock
exchanges and related measures (2012/0299 COD)
33
ECR COMMENTS
The ECR Group requests a review of this in a REFIT context. This proposal focuses on the
‘what’ only and not the ‘how’. There is a shortage of women at senior levels but there needs
to be more emphasis on the processes needed to encourage and support women in reaching
senior levels, not a blanket target, that is a rather simplistic approach
Recurrent initiatives,
REFIT initiatives and
review of pending
proposals5
IORPS
ECR COMMENTS
The IORPS impact assessment is very flawed and has been sent back several times. Pensions
are a member state competence. This should not be a priority file at all.
Recurrent initiatives,
REFIT initiatives and
review of pending
proposals5
VAT standard return form
European Foundation Statute
ECR addition: Plant Protection Products Regulation
ECR COMMENTS
The Plant Protection Products Regulation denies business access to innovative crop protection
products.
This hinders EU businesses in their efforts to improve crop yields and quality. As a result, EU
farming businesses are disadvantaged on world markets. Farming businesses have said that
EU rules mean they are denied access to new and innovative crop protection products. Existing
products can also be removed from the market when they are reviewed, even though they are
often still used in non-EU countries. All of this reduces the competitiveness of EU farmers.
The reason is that EU decision-making is not based solely on risk. This leads to decisions for
approval that are based on theoretical concerns rather than sound scientific evidence. The
assessment process is complex, with businesses often feeling that the decision made does
not fit the evidence. This also discourages agri-chemicals companies from investing in the EU,
undermining the competitiveness of the European industry.
34
The European Commission should propose amendments to the Plant Protection Products
Regulation to introduce a process for evaluation that is based on scientific risk assessment
alone.
The European Commission’s guidance also needs updating, so that it does not impose
excessive cost in exchange for negligible health or environmental benefits.
5. A Deeper and Fairer Economic and Monetary Union
6. A Reasonable and Balanced Free Trade Agreement with the U.S.
ECR COMMENTS
The ECR supports the review of these pending proposals:
- Trade defence instruments modernisation proposal
- International public procurement proposal
7. An Area of Justice and Fundamental Rights Based on Mutual Trust
Recurrent initiatives,
REFIT initiatives and
review of pending
proposals5
REFIT initiatives:
[Codification of Schengen Borders Code] tbd
For review:
- Decisions in matters of matrimonial property regimes
- Decisions regarding the property consequences of
registered partnerships
8. Towards a New Policy on Migration
Recurrent initiatives,
REFIT initiatives and
review of pending
proposals5
REFIT initiatives:
Review of Blue Card Directive (not yet planned by HOME) —
possibly Q2 2015
ECR COMMENTS
The ECR does not support the Blue Card Directive.
35
Recurrent initiatives,
REFIT initiatives and
review of pending
proposals5
REFIT initiatives:
Codification of Council Regulation n° 539/2001 listing the third
countries whose nationals must be in possession of visas when
crossing the external borders and those whose nationals are
exempt from this requirement (Ralf Communication June 2014)
ECR COMMENTS
The ECR does not consider this a priority. It should be seen in the context of upcoming
proposals which are intended to make travelling to the EU for business or tourism.
Recurrent initiatives,
REFIT initiatives and
review of pending
proposals5
REFIT initiatives:
- Identity and Travel Documents: Legislative proposal to
simplify travel formalities for EU citizens and third country
family members on the basis of article 77 TFEU in
conjunction with article 21 TI,EU completing the existing
acquis on uniform formats for identity and residence
documents; (REFIT Communication June 2014)
- Emergency Travel Documents: Legislative proposal for the
communitarisation of the sui generis decision on emergency
travel documents (96/409/CFSP) (REFIT Communication
June 2014)
9. A Stronger Global Actor6
Recurrent initiatives,
REFIT initiatives and
review of pending
proposals5
Recurrent initiatives:
- ENP Package — probably Q2 2015
- Enlargement Package — Q4 2015
REFIT initiatives:
- Recast of Council Regulation (EC) No 517/94 on common
rules for imports of textile products from certain third
countries; (REFIT’ Communication June 2014)
- Review of Council Regulation (EC) No 428/2009 of 5 May
2009 setting up a Community regime for the control of
exports transfer, brokering and transit of dual-use items
in follow-up to the evaluation conducted in 2013 (see
scoreboard) (REFIT Communication October 2013)
- Repeal of Council Regulation (EEC) No 3030/93 on
common rules for imports of certain textile products from
third countries. (REFIT Communication June 2014)
36
10. A Union of Democratic Change
Recurrent initiatives,
REFIT initiatives and
review of pending
proposals5
For review:
Possible amended proposal for Omnibus package
(2013/0220/0218/0365 COD)
37
III.Issues under preparation with fixed
future deadlines
1. A New Boost for Jobs, Growth and Investment
Issues
under preparation with
fixed future deadlines
Review of State Aid Framework for SGEI (services of general
economic interest) (review foreseen by January 2017; inclusion
in CWP tbc) - beyond 2015
ECR COMMENTS
The ECR supports the review of State Aid Framework for SGEI. The ECR would like to see
fewer services designated as SGEI = we are concerned with regard to exempting too many
services from the scrutiny of competition authorities). The ECR is in favour of increased
competition and promotion of a level playing field between different providers of SGEIs, whether
public or private, as an instrument to achieve high-quality and affordable provision of those
important services.
Issues
under preparation with
fixed future deadlines
MFF mid-term review — beyond 2015
Proposals for post-2020 MFF — beyond 2015
ECR COMMENTS
MFF mid-term review — beyond 2015
The MFF deal must not be undermined by irresponsible budgeting by the Commission.
The EU needs to learn to spend more efficiently and effectively and we cannot identify what is
and is not better without a scrutiny role for the parliament.
The EU should focus on the optimal use of existing financing, rather than automatically seeking
additional appropriations. We need sensible proposals to cut spending where it is ineffective and
allow better investment in areas that will be a catalyst for employment and productivity.
Fiscal autonomy for the EU should be strongly resisted - largely due to the democratic deficit.
We should bear in mind that the EU being funded by the Member States defines the relationship
(i.e. Member State as master). In particular, the ECR rejects the idea of a Financial Transaction
Tax, which would stifle growth, reduce competitiveness, and increase market volatility while also
38
allowing the EU to increase its budget rather than force the budgetary authorities to work in a
disciplined way to deliver efficiencies in the budget and ensure more value for money.
The ECR agrees that the problem of the ever increasing payments gap must be addressed but
that the only solution presently available is to reduce Commitment Appropriations
Proposals for post-2020 MFF — beyond 2015
Capping at 1% of GNI forces the EU to take unpalatable choices and necessitates budget
discipline.
RALs: The situation has got out of control and needs to be addressed. One suggestion might
be to bring in a mechanical limit on RALs as a % of the annual budget.
If you look at the current MFF agreement, when the reduced budget was agreed the headings
remained the same, but it was the margins which were reduced. This is an unhealthy way to run
a budget. A lack of margins for unexpected requirements will always lead to problems.
The MFF review should not be a priority as it covers tax which is MS competence.
The ECR stresses that during the forthcoming mid-term review the achievement of the original
objectives should be particularly examined with the special focus on the support for thematic
objectives as specified in the Regulation (EU) No 1303/2013.
The ECR believes that any EU budget cuts need not undermine cohesion policy and its
principles. Therefore we advocate an appropriate level of EU funding for regional
development policy, together with a radical restructuring of its mechanisms, not excluding
funding mechanisms.
The ECR urges for a strong over-arching focus on subsidiarity - decisions should be taken at
the most local level possible, given that more than two thirds of public investments in the EU
occur at the sub-national level.
In the context of the new programming period 2014 - 2020 for EU cohesion policy, the ECR
believes that the ESIF must be used to contribute to tackling poverty by helping disadvantaged
people enter the labour market.
2. A Connected Digital Single Market
ECR COMMENTS
The ECR calls on the Commission to ensure that any legislation proposed in the field of culture
properly respects the principle of subsidiarity and stresses further that Commission action in this
field should be limited only to areas that can truly add value.
3. A Resilient Energy Union with a Forward-Looking Climate Change Policy
ECR COMMENTS
NB See comments on the new energy union
39
4. A Deeper and Fairer Internal Market with a Strengthened Industrial Base
Issues
under preparation with
fixed future deadlines
VAT definitive regime — beyond 2015 (TBC)
Follow-up of White paper on Merger with proposals to improve
the Merger Regulation - beyond 2015
Review and potential renewal of the Insurance Block
Exemption Regulation (IBER) - beyond 2015
ECR COMMENTS
Whilst not supporting all aspects of the White paper, the ECR is happy to participate in a debate
with the aim to improve the Merger Regulation.
5. A Deeper and Fairer Economic and Monetary Union
6. A Reasonable and Balanced Free Trade Agreement with the U.S.
7. An Area of Justice and Fundamental Rights Based on Mutual Trust
8. Towards a New Policy on Migration
9. A stronger global actor
Issues
under preparation with
fixed future deadlines
Post-cotonou relations
ECR COMMENTS
The ECR supports the strengthening of relationships between the EU and the African,
Caribbean and Pacific Group of States as part of the Cotonou Agreement as a mechanism
which supports sustainable development and fosters regional integration as a route towards
prosperity and better development. The ECR calls for regular reviews of the Agreement,
particularly in the context of human rights and democracy clauses.
40
10. A union of democratic change
ECR COMMENTS
CAP: The ECR Urges the Commission to undertake a full Review of the CAP at the earliest
opportunity, with a view to simplifying the policy in light of the recent CAP reform, especially with
regards to the greening measures and also to ensure that farming is the EU remains efficient
and globally competitive.
The ECR is particularly concerned by significant delay in the implementation of cohesion
policy 2014- 2020 which may cause that some cities and regions will begin a new phase
only in the second half of 2015. However the ECR still recognise the importance of adopting
high quality Operational Programmes at the start of the programming period in order to avoid
reprogramming afterwards;
The ECR stresses the importance of results, transparency and simpler rules for post-2013
Cohesion policy - towards a “Europe of projects not Europe of procedures”.
Bearing in mind the guiding principles of no new EU funds, no additional EU formal structures
and no new EU legislation as agreed by the Member States in the Council, ECR advocate
the development and establishment of new macro-regional strategies We believe they are
proving their added value both strategically and politically by serving as a framework for
strengthening the integration of the Member States concerned and cooperating with interested
non-EU countries on areas of common interest and addressing common challenges of the
respective macro-regions, by mobilising a variety of available financing sources and the relevant
stakeholders towards improved policy development and the implementation of different EU,
national and regional policies in relation to, inter alia, environment, transport, education, energy,
research, innovation, health, thereby contributing to the objectives of the Europe 2020 Strategy,
improving existing cooperation mechanisms and networks and promoting where relevant the
development of new ones. In this field, we seek to contribute to developing and improving
access to the financing of new high quality projects and giving momentum to successful,
existing ones
The ECR notes that the Russian Federation still refuses to respect the agreement on the
phasing-out of Siberian overflight royalties. Moreover, in the context of recent EU sanctions
against Russia, Russia has threatened a ban of European airlines from using Siberian airspace.
Therefore the ECR group urges the Commission to put in place effective legal measures
(including reciprocal measures by denying or limiting the use of Union airspace for air carriers of
the Russian Federation) to force Russia to stop charging illegal fees which place Union carriers
under long-term discriminatory conditions and hampers free and fair competition between
airlines on routes between the EU and Asia.
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