Ref. Ares(2013)1793556 - 06/06/2013
EUROPEAN
COMMISSION
Brussels, 5.12.2012
C(2012) 8881 final
COMMISSION DECISION
of 5.12.2012
amending Commission Decision 2007/623/EC setting up the High Level Group of
Independent Stakeholders on Administrative Burdens, as amended by Commission
Decision of 17 August 2010 (2010/C 223/03)
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COMMISSION DECISION
of 5.12.2012
amending Commission Decision 2007/623/EC setting up the High Level Group of
Independent Stakeholders on Administrative Burdens, as amended by Commission
Decision of 17 August 2010 (2010/C 223/03)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Whereas:
(1)
By Commission Decision 2007/623/EC1, the Commission created a High Level Group
of Independent Stakeholders on Administrative Burdens, hereinafter referred to as 'the
group',
for a fixed term of three years.
(2)
The group's mandate was extended until 31 December 2012 by Commission Decision
of 17 August 2010 (2010/C 223/03) to fully exploit the savings potential of the Action
Programme for Reducing Administrative Burdens in the European Union which will
be completed by the end of 2012.
(3)
The group's November 2011 report on best practice in Member States to implement
EU legislation in the least burdensome way showed that there is ample scope to help
Member State public administrations implement EU legislation more efficiently.
(4)
Reducing the administrative burden and simplifying the legislation, especially for
small and medium-sized businesses (SMEs), are priorities for the Commission.2
(5)
The mandate of the group and its members should therefore be extended accordingly.
(6)
The group should continue to work closely with stakeholders and Commission
services, and to have a regular and structured exchange of views and experience with
the Deputy Secretary General and the Chair of the Impact Assessment Board,
HAS DECIDED AS FOLLOWS:
Article 1
Commission Decision 2007/623/EC as amended by Commission Decision of 17 August 2010
(2010/C 223/03) is amended as follows:
1. Article 1 is replaced by the following:
‘Article 1
The High Level Group on Administrative Burdens
The High Level Group of Independent Stakeholders on Administrative Burdens is hereby set
up with effect from 31 August 2007. From 1 January 2013 the official name shall be 'High
Level Group on Administrative Burdens', hereinafter referred to as ‘the group’.’
1
OJ L 253, 28.9.2007, p. 40.
2
COM(2011)803 – Minimising regulatory burden for SMEs – Adapting EU regulation to the needs of
micro-enterprises.
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2. Article 2 is replaced by the following:
‘Article 2
Task
The group’s task shall be to advise the Commission on the administrative burden placed on
business, in particular on SMEs and micro companies, arising from EU legislation, and on
simplifying existing EU legislative acts appropriate for review and on how to make public
administrations in the Member States more efficient and responsive to the needs of
stakeholders, in particular SMEs, when implementing EU legislation.
In particular, the group shall provide advice to the Commission
– on the measures aiming to reduce the administrative burden and simplify existing
legislation, with a particular focus on the needs of small businesses;
– on its simplification rolling programme, focusing on acts with a high potential for
reducing the administrative burden;
– on the basis of the roadmaps, concerning potential administrative burden placed
on business, in particular on SMEs and micro companies when applying EU
legislation;
– on measures that can be taken at national level to help Member States apply the
EU legislation adopted under the Administrative Burden Reduction Programme in
the least burdensome way;
– on measures that can be taken at national level to make administrations more
responsive to the concerns of SMEs and more responsive to the needs and the
imperative on growth when applying EU legislation.
and assist the Commission in ensuring progress is made by the Council and Parliament to
adopt proposals on simplification and administrative burden reduction.
The mandate of the group is given until 31 October 2014.’
3. Article 3 (1) is replaced by the following:
‘1. The Commission may consult the group on any matter relating to reduction
of unnecessary burden on SMEs, especially micro companies, when applying
EU legislation, and on its simplification rolling programme.’
4. Article 4 is amended as follows:
(a) In paragraph 2 the second sentence is replaced by the following:
‘The members of the group shall then be appointed by the Secretary-General in
consultation with the Chairperson.’
(b) Paragraph 3 is replaced by the following:
‘3. Members shall be individuals appointed in a personal capacity or
individuals appointed to represent a common interest shared by stakeholders
having expertise in administrative burden reduction.’
(c) In paragraph 4, the first sentence is replaced by the following:
‘The terms of office of the members of the group are extended until 31 October
2014.’
(d) Paragraph 5 is replaced by the following:
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‘5. Members who are no longer capable of contributing effectively to the
group's deliberations, who resign or who do not comply with the conditions set
out in paragraph 3 of this Article, or Article 339 of the Treaty on the
Functioning of the European Union may be replaced for the remainder of their
term of office.’
(e) Paragraph 6 is replaced by the following:
‘6. Members appointed in a personal capacity shall act independently and in
the public interest.
Members appointed to represent a common interest shared by stakeholders
shall not represent an individual interest.’
(f) Paragraph 7 is replaced by the following:
‘7. The names of individuals appointed in a personal capacity and the names of
individuals representing an interest
shall be published in the Register of
Commission expert groups and similar entities (‘the Register’). In addition, the
names of members shall be published on the internet site of the Secretariat-
General of the European Commission.’
(g) The following new paragraph 8 is inserted after paragraph 7:
‘8. Personal data shall be collected, processed and published in accordance
with Regulation (EC) No 45/2001.’
5. Article 5 is amended as follows:
(a) Paragraph 3 is replaced by the following:
‘3. The members of the group and their representatives, as well as invited
experts and observers, shall comply with the obligations of professional
secrecy laid down by the Treaties and their implementing rules, as well as with
the Commission's rules on security regarding the protection of EU classified
information, laid down in the Annex to Commission Decision 2001/844/EC,
ECSC, Euratom3. Should they fail to respect these obligations, the Commission
may take all appropriate measures.’
(b) Paragraph 6 is replaced by the following:
‘6. The Commission publishes all relevant documents on the activities carried
out by the group (such as agendas, minutes and participants' submissions)
either directly in the Register or via a link from the Register to a dedicated
website where information can be found. Exceptions to publication should be
foreseen where disclosure of a document would undermine the protection of a
public or private interest as defined in Article 4 of Regulation (EC) No
1049/2001.’
6. Article 7 is replaced by the following:
‘Article 7
Applicability
This Decision shall apply until 31 October 2014.’
3
Commission Decision of 29 November 2001 amending its internal Rules of Procedure (OJ L 317,
3.12.2001, p.1)
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Article 2
This Decision shall enter into force on the day of its publication in the
Official Journal of the
European Union.
It shall apply from 31 December 2012.
Done at Brussels, 5.12.2012
For the Commission
José Manuel Barroso
The
President
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Document Outline