This week, the Social Democratic rapporteur Sylvia-Yvonne Kaufmann provided a first assessment of the Commission proposal on smart regulation. Based on the so-called REFIT Programme, the EU Commission wants, in accordance with its own words, to decrease administrative burdens and to reduce bureaucracy. In order to achieve this, the entire acquis communautaire of the EU is under review to make it more efficient, more powerful and more cost-effective, whereby particular focus is on simplifying rules and regulations for small and medium-sized enterprises (SMEs). However, trade unions, consumer organisations and environmental organisations criticise that this will also result in deregulation measures under the guise of reducing red tape.

During the debate in the European Parliament, Rapporteur Sylvia Kaufmann gave the Commission's intention to reduce excessive bureaucracy or to avoid in the first place her general support. However, she objected to the fact that the current REFIT Programme does not attach sufficient importance to the social dimension. One should also not succumb to the misjudgement that good legislation would mean as few laws as possible. That is why apart from the costs of regulations also those costs have to be taken into account, which occur if something is not or deregulated.

Kaufmann also criticised that in respect of impact assessments too much attention was given to competitiveness whilst too little consideration was given to social and environmental effects. That is why exemption clauses for SMEs were only possible in some sectors: “When we talk about standards in relation to health and safety, the environment or social issues of citizens, employers or consumers, it must be ensured that these apply equally to all businesses, whether SME or a large corporation” said Kaufmann.

AK and ÖGB also welcome the aim to improve the acquis communautaire at European level and to make it more efficient. However, the past has demonstrated time and again that in particular employment and consumer standards are vilified as possible burdens, with the Directive for Informing and Consulting Employees, regulations governing collective redundancies, part time employment and fixed-term employment contracts, food proficiency testing or the evaluation of the Drinking Water Directive being examples. From the point of view of AK and ÖGB, simplifying or even abolishing EU legislation, which results in the deterioration of employee and consumer protection, has to be firmly rejected. Regulations in respect of protecting employees and consumers must not be undermined or abolished under the guise of reducing administrative burdens.

Kaufmann also takes a critical view in respect of the tool “Stakeholder Consultations“, which aims at providing trade unions, businesses and civil society with the opportunity of commenting on individual proposals by the Commission. What was needed here was greater transparency regarding the question as to how the results of the consultation would influence the bill, said Kaufmann. Apart from that one had to discuss the design of the questionnaires, whereby she urged for greater cooperation with social partners and civil society representatives. AK and ÖGB had already criticised the processes as being too opaque in the past.

Further Information:

Commission Communication on the REFIT Programme