Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions. Regulatory fitness and performance (REFIT): results and next steps

Regulation is an essential part of modern society and good governance. Regulating at EU level adds value in areas such as competition, trade and the internal market to build a level playing field that creates opportunities for business, workers and consumers. It also protects the health and safety of citizens, consumers and workers.

EU legislation creates a common framework by replacing or aligning twenty eight different national laws. It allows the EU Member States to work together to secure fundamental rights and freedoms or build opportunities that are cross-border by nature – such as those presented by the internet or labour mobility - and to deal with problems that do not respect national borders - climate change, environmental pollution, animal and plant health threats, among others.

The legal and institutional framework, with the Commission and the European Court of Justice monitoring the application of law, provides Member States with the assurance that EU legislation is being correctly applied throughout the EU. At the same time, EU regulation is often accused of applying too many requirements stifling businesses, especially the smallest ones. In response to that concern, the Commission has made a concerted effort over the past few years to streamline legislation and reduce regulatory burdens. Since 2005, the Commission approved 660 initiatives aimed at simplification, codification or recasting. More than 5,590 legal acts have been repealed.

The way in which the Commission now prepares regulation has changed significantly. Impact assessments and stakeholder consultation are systematically applied across the Commission. Red tape has been reduced by well above the 25% target set out in the Administrative Burden Reduction programme. From start to finish Smart Regulatory principles and practices motivate Commission action. But the process needs constant reinvigoration to keep up the momentum. Smart regulation is a continuous process, not a one off operation.

Ensuring that EU legislation is 'fit for purpose' is essential for putting Europe back on track towards more growth and jobs. Therefore, the Commission initiated a Regulatory Fitness and Performance Programme (REFIT) in December 2012. REFIT is the expression of the Commission's ongoing commitment to a simple, clear, stable and predictable regulatory framework for businesses, workers and citizens. REFIT is a programme to review the entire stock of EU legislation – to identify burdens, inconsistencies, gaps or ineffective measures and to make the necessary proposals to follow up on the findings of the review.

This Communication sets out the results of the screening published by the Commission in August 2013. It identifies where the Commission will take action and where, in the interests of regulatory fitness, it has decided that no action is needed for the time being. It identifies the challenges faced in the course of the first phase of implementation of the REFIT programme and provides an outlook on the next steps. The annex sets out the regulatory fitness actions which are being implemented or which are proposed to the co-legislators.

See also:
- Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions. Strengthening the foundations of Smart Regulation – improving evaluation