The Stoiber report: a milestone in the fight against EU red tape?

Edmund Stoiber presents his report

Today saw the publication of the final report of the "High Level Group on Administrative Burdens", i.e. an EU taskforce charged with cutting red tape and easing its impact on businesses. The group - chaired by former CSU leader and state Premier of Bavaria, Edmund Stoiber, was put together back in 2007, so its final report has been a long time coming.

As we have been going on about the costs of EU regulation long before it became fashionable - compiling the first ever overall cost figure for EU regulation based on UK government impact assessments in 2009 - this has been a report we have been eagerly anticipating.

The report contains a number of recommendations, some at the EU level and some at the national level. The key EU level recommendations include:

• Adopting a new EU Action programme and strengthening existing EU programmes for reducing overall regulatory costs such as REFIT, as well as setting a net target for reducing regulatory costs and publishing annual statements of the total net cost or benefit of new legislative proposals,
• Setting a net target for reducing EU regulatory costs,
• Introducing a system of offsetting new burdens on businesses stemming from EU legislation by removing existing burdens from elsewhere in the acquis,
• Rigorously applying the “Think Small First” principle and competitiveness test to all proposals, with SMEs and micro-businesses be exempted from EU obligations as far as possible,
• Developing a common EU methodology to measure regulatory costs and benefits and making the evaluation of all EU legislation compulsory on the basis of this in order to measure actual outcomes against original objectives before any proposals for revision or new legislation are made,
• Declaring a political commitment to focus only on those interventions which are indispensable at the EU level and which add the greatest value compared with national or regional action,
• Empowering an independent body to scrutinise the Commission´s impact assessments before the legislative proposal is adopted by the Commission and to assess the evidence base and costs and benefits supporting legislative amendments by the European Parliament and Council before the legislation is adopted.

The report estimates that were all these to be adopted, businesses in the EU could save up to €41bn per year on top of proposals already adopted by the Commission and European Parliament with an "annual reduction potential" of €33.4bn.

Overall, the recommendations are very welcome and reflect many of the proposals that we have been championing for some time - for example, we first proposed an independent impact assessment board with "real teeth" back in 2009. The report also overlaps with David Cameron's business taskforce report published last year, albeit the Stoiber report does not explicitly call for the adoption of a 'one in, one out' principle when it comes to new regulation. Also, the report does not address big questions like the extent to which the EU should be involved in social and employment policy and the impact of the European Court of Justice in increasing the costs of EU regulation via the back-door as has happened most notably in the case of the Working Time Directive (which the report does not mention). 

Nonetheless the report - together with the nomination of Frans Timmermans as Commissioner for better regulation in a generally reform-orientated Commission - is indicative of a cultural shift within the Commission away from regulation as a process in of itself towards securing concrete outcomes and addressing business concerns. It is certainly, among other things, a nod to concerns raised around the EU and the UK in particular about the EU's tendency to over-regulate and impose excessive costs on businesses and consumers. 

In fact yesterday's Guardian reported that Stoiber explicitly referenced the need to keep the UK on board, and in presenting the report he argued - as passionately as it is possible to when discussing EU regulation - in favour of an EU that is less obtrusive, heavy-handed and opaque. He also admitted that in the past, many politicians and EU officials had seen any EU-level regulation - regardless of its desirability or suitability - as a means to advance the 'EU cause', but that such thinking was now history (although we would say it hasn't completely gone away).  

Overall, it is clear there is a real opportunity to create a more enterprise and business-friendly single market. However, as ever with EU reform the challenge for the new Commission and for national governments will be to translate the rhetoric into concrete action. The fact that the Commission President Barroso has seemingly rejected one of the proposals already - for an independent impact assessment board is concerning.

.@BarrosoEU doesn't support idea of independent body to control impact assessments. "Commission is sufficiently independent & strong."
— Jarno Hartikainen (@JarnoHa) October 14, 2014

This suggests the Commission is nervous about independent scrutiny of its cost estimates for new EU regulation. An independent IA board would be better at catching out harmful proposals - such as the infamous olive oil jug ban - and delivering more measured verdicts on politically contentious issies such as the proposed FTT, where major problems with the Commission’s proposal emerged after it had been tabled and undergone an internal impact assessment. The Commission's resistance suggests that despite much progress, there is still some way to go.

Hill likely to be approved but Bratusek down as Juncker Commission edges closer

Hill's hearing was less of a duel than expected

Following another long day of hearings the make-up of the Juncker Commission is becoming clearer.

The UK’s Commissioner-designate Lord Hill had his second hearing in front of the Economic and Monetary Affairs Committee today and by almost all accounts performed well. While he was at ease and fluid as in his first appearance, he was importantly much clearer and more specific on the details of what he would like to achieve (for example on capital markets and banking union). This, combined with his extensive written answers, means that there is no grounding for rejecting Hill on content.

There were, of course, those who questioned his impartiality and independence but as we pointed out here, these complaints seemed to have little to do with Hill himself (who has few direct connections to the City left) and more with the fact he was from the UK. As liberal MEP Sylvie Goulard said:

“He took the exercise very seriously…We think it is unfair just to reject him because of his passport.”

Furthermore, compared to other Commissioners (Spain’s Miguel Arias Cañete springs to mind) Hill has far less recent and direct contact with his industry in question. His approval is now widely expected tomorrow.

Equally Cañete looks set to survive following a significant amount of political wrangling with the centre-right EPP sticking to its guns to ensure that the centre-left S&D does not try to block him – mostly by threatening to hold up the approval of France’s Pierre Moscovici, who incidentally also looks set to be confirmed.

As we always said though, things are looking less rosy for Slovenia’s Alenka Bratusek, who struggled on content during her appearance and also faces accusations of corruption over her nomination process. In fact it seems as part of the cross-party deal, she is likely to be rejected, meaning a new representative will need to be found for the post of Vice President for Energy Union.

Finding a new nominee for this position will be tricky not least because Bratusek is an experienced politician from a newer member state and contributed to the much debated gender balance of the new Commission. One option would be for Slovenian to put forward another one of its four nominees such as Tanja Fajon MEP, although she is unlikely to be considered high profile enough for the VP slot, meaning some reshuffling will still be needed (the FT has a plausible option here).

The other hearings from today went more or less as expected with the Netherlands Frans Timmermans particularly impressing, while Finland’s Jyrki Katainen produced a solid display in an area he has extensive experience in.

With Czech Vera Jourova now confirmed after being held up, the main wrangling will be over where to put Hungary’s Tibor Navracsics and who will fill Bratusek’s role. Much of this is expected to be decided tomorrow although with no firm timeline. One final issue which remains to be resolved is the exact split of powers between Commissioners and how the VPs will work with the standard Commissioners. Jean-Claude Juncker may have to provide further detail to the EP on this before he gets the final OK.

However, in the end, after pushing its luck earlier on the European Parliament now seems to have regained its control and sense of perspective.

Timmermans comes out fighting for EU Reform

Vice-President Commissioner Designate for Better Regulation Frans Timmerman's hearing at the European Parliament Conference of Presidents has just wrapped up, and the man who we've hailed as a  thought leader for EU Reform came out pushing many of the reforms we have long been arguing for

Seamlessly switching between five languages, he had some rather important things to say.

On regulation, he said that the EU needs a fundamental 'culture change' in the way in which it regulates to adopt a more "common sense" approach. Impact Assessments will have to be overhauled, and existing legislation needs to be assessed for its effectiveness. Regulations that doesn't make sense should be scrapped, so that business can feel an "immediate relief".

#Timmermans: Commission's impact assessment board has to be composed of ppl who can act w/out vested interests #EPhearings2014
— Open Europe (@OpenEurope) October 7, 2014

#Timmermans: What I am proposing is to change culture of the way in which we regulate in a more common sense manner (cites oil-jug gate)
— Open Europe (@OpenEurope) October 7, 2014

#Timmermans: I will present a better regulation review proposing regulations that shld be withdrawn within a year #EPhearings2014
— Open Europe (@OpenEurope) October 7, 2014

Consistent with his - and the Dutch government's - motto "National where possible, European where necessary," Timmermans had some strong things to say on respecting national parliaments:

#Timmermans: "This European Union will not be built against the will of the national parliaments nor the member states." MEPs need to engage
— Open Europe (@OpenEurope) October 7, 2014

#Timmermans: My principle of subsidiarity is you'll only take action on higher level if that's only way to achieve goals you want to attain.
— Open Europe (@OpenEurope) October 7, 2014

#Timmermans: If confirmed I will take debates directly to national parliaments #EPhearings2014
— Open Europe (@OpenEurope) October 7, 2014

On the need for more transparency and scrutiny, Timmermans said there will be increased scrutiny on behind the scenes deal-making and lobbying.

#Timmermans, we will make sure that there is a Mandatory transparency lobby list - currently only voluntary. #EPhearings2014
— Open Europe (@OpenEurope) October 7, 2014

On the institutional divide between euro-ins and euro outs:

#Timmermans reiterates that he does not support separate institutions for the #eurozone #EPhearings2014
— Open Europe (@OpenEurope) October 7, 2014

There was some stuff that may not go down as well in No 10, such as Timmerman's insistence on the importance of the European Convention of Human Rights (see here), and his description of the European Arrest Warrant as a "great success."

#Timmermans defends European Arrest Warrant, "a great success". We desperately need EAW. #EPhearings2014
— Open Europe (@OpenEurope) October 7, 2014

#Timmermans agrees that UK objections to application of #ECHR justified, but that opting out EU court rulings sets dangerous precedent.
— Open Europe (@OpenEurope) October 7, 2014

All in all, this was a strong performance that has already received good reviews on twitter and beyond. The response of the EP will be interesting to gauge and may give an indication as to how hard he will find it to push through some of these reform efforts in the coming years.

#EUpriorities: Ensure the EU steers clear of decisions better taken nationally

As promised, here is the first of the cartoons accompanying our reform mandate for the new European Commission:

We believe that the EU must do more than merely pay lip service to the principle of subsidiarity, i.e. that the EU should not meddle in areas that can better be handled nationally (or locally).

The EU needs a dedicated Commissioner for subsidiarity (although we are open to a more catchy name, like "Common Sense Commissioner") who would be explicitly charged with reviewing both new and existing EU laws to ensure they are proportionate, add value, and could not be better handled at the national or local level. Any laws that do not meet these criteria should be scrapped.

Dutch Foreign Minister Frans Timmermans, who has been nominated to the new Commission and who  looks set to land an important post has strong reformist credentials to fill such a role and helped coin the maxim 'national where possible, European where necessary'.  

Our mandate (published in partnership with Open Europe Berlin) received some good media coverage in Germany today, with Die Welt featuring it on the front page of their economics section, along with our calculation that German taxpayers could save €32bn from the package of reforms that we propose:

With Juncker's full Commission line-up expected to be announced tomorrow or Thursday, stay tuned for more of our ideas in the days to come.

Attention new European Commission! This is how to save £200bn, kick-start growth and re-connect the EU with voters

This morning, Open Europe published a 'mandate' for the new European Commission - in short a series of proposals setting out what the Commission should - and shouldn't - be doing over its five year term of office. Our mandate idea was inspired by the reformist Dutch Foreign Minister Frans Timmermans, who last year proposed a 'European Governance Manifesto' in which national governments would identify a series of priorities for the Commission.

Our mandate, which we call on David Cameron and other EU leaders to adopt, contains a number of detailed proposals spanning a wide range of policy areas - from reforming the EU budget, increasing transparency and accountability to liberalising the single market in services - but its overarching theme is boosting the EU's capacity to create jobs and generate economic growth while ensuring the EU stays well clear of areas better handled nationally or locally. Our mandate would:

• Save European taxpayers £200bn (€252bn) over a seven-year EU budget period by re-targeting and slimming down flawed spending programmes,
• Cut the wages and perks of EU officials and scrap a number of EU quangos that add no value, saving taxpayers a total of £819m (€1bn) per year,
• Boost the EU economy by £236bn (€294bn) by making it easier to export services to other EU member states,
• Introduce a series of new checks on EU laws to ensure they boost jobs and growth whilst ending unnecessary EU meddling. 

With David Cameron's EU reform agenda often being accused of vagueness, having the Commission adopt such a mandate would be a big win. Of course this is not the limit of the reforms the UK ought to push for - our priorities relate to what falls within the Commission’s remit; many key issues will be debated between national governments with a limited role for the Commission. Although in the longer term we think EU Treaty change will be needed, all our proposals can be accommodated within the existing EU Treaties, so there is no excuse for foot-dragging.

We have commissioned George Roberts – an independent illustrator and animator – to draw a series of cartoons to accompany some of our key proposals. Over the next couple of days, we will be posting these cartoons on our blog along with a more detailed description of what the policy proposal entails and a discussion of why it is important.

In the meantime, you can read the press release here, the full mandate here and join the conversation on Twitter by using the hashtag #EUpriorities.

The EU stands united in the face of Russia - or does it?

So, about Ukraine...

Arriving in Luxembourg this morning to discuss events in Ukraine with his European counterparts, British Foreign Secretary William Hague called for a "clear and united" EU response to Russia's 'escalation' of the crisis.

Hague added:

There is very little doubt -- there can't really be any real doubt -- that this [the unrest in Eastern Ukraine] is something that has been planned and brought about by Russia. The forces involved are well armed; well trained; well equipped; well coordinated and behaving in exactly the same way as what turned out to be Rusian forces behaved in Crimea, before the full Russian military takeover of Crimea.

He added:

I don't think denials of Russian involvement have a shred of credibility.

Meanwhile, Jean Asselborn, the Foreign Minister of Luxembourg, arriving at the same meeting did not seem to get the memo. He said the following:

I cannot actually imagine -- just how the EU could not identify with the men dressed in black in the Maidan -- I cannot imagine that the Russian side identifies with the men in black, with guns and weapons, that are occupying administrative buildings and government buildings in Eastern Ukraine.

He added:

I am still convinced after I heard President Putin, and the Russian Foreign Minister, that the Russians do not want to destabilise East Ukraine and do not want to occupy Eastern Ukraine.

Meanwhile Frans Timmermans, the Dutch Foreign Minister, opted for a more cryptic message, mixing his ducks with horses. Asked if he thought forces in Eastern Ukraine were acting under Russian directions, he replied:

If it looks like a horse, and it acts like a horse, then it is probably a horse -- not a zebra.

As clear as mud.

Dutch Foreign Minister provides food for thought ahead of Cameron-Rutte talks on EU reform

Dutch Prime Minister Mark Rutte will travel to London to meet David Cameron tomorrow and discuss various EU-related issues. Ahead of the visit, Dutch Foreign Minister Frans Timmermans gave an interesting keynote speech on Europe in Rotterdam yesterday - laying out a few issues Cameron and Rutte may discuss at their meeting.

Here are some key quotes from Timmermans's speech (the highlights of which we featured in our daily press summary today):

It would be an exaggeration to suggest that Europe without the EU would slide into war, but it would also be naive to think it would be better if everyone went their own way.

The idea that it would be in our interest to leave the Union strikes me as nonsense…But this does not mean that there are no drawbacks. European solidarity has a downside, and we should not try to conceal it. The government recognises this fact and is working with other member states to tackle the adverse effects of the free movement of persons, for example.

Sovereignty is a paper tiger. In today’s world, if you want to serve Dutch interests you need influence…But that does not mean giving the EU carte blanche to arrogate more powers to itself. The European Union needs to be modest and understand that there is no Union without the member states…The EU exists by the grace of the member states and their democratic institutions. The EU would do well to secure greater involvement in Brussels decision-making by those democratic institutions, governments and parliaments.

We are making proposals to bolster the role of national parliaments, and [we] favour a smaller European Commission focusing on core tasks. The system of yellow and red cards, which allows MPs in national parliaments to intervene, must be further strengthened. And the Commission mustn’t brush yellow cards aside. National MPs represent national voters and their involvement in the European debate is essential.

I am optimistic. Optimistic about Europe’s capacity to find a new direction. Optimistic about our ability to reform the EU so that it works for us all in an efficient and cost-effective manner...There is no need to rewrite the [EU] treaties. What we need is for the European Council, the European Parliament and the European Commission, shortly after the elections in May, to reach a political deal setting out what the EU’s priorities will be over the next five years, and in what areas the EU will refrain from activity, so that those areas can be left to the member states. 

We've stressed that the Netherlands is emerging as a 'thought leader' on EU reform. The line of the Dutch government is clear: European where necessary, national where possible.

Timmermans's latest speech illustrates that there is plenty of common ground for the UK and the Netherlands to work on. The one snag for Cameron, though, is the repeated Dutch opposition to EU treaty change - something which Cameron has said will be part of his renegotiation. Perhaps we will know more on the treaty change front after the visit of German Chancellor Angela Merkel next week...

The Dutch are emerging as Europe's thought leaders on reform

The Dutch are quickly becoming Europe's thought leaders on EU reform. The Dutch government's "subsidiarity review" contained numerous interesting ideas for EU reform, the Dutch lower house, Tweede Kamer recently published a paper outlining key proposals for how to strengthen the role of national parliaments. And today, the Dutch foreign minister, Frans Timmermans, used a piece in the FT to set out some new ideas for reform.

Timmermans wraps his ideas in quite friendly language but there are some pretty sharp lines in there.

He says that "During the crisis the European Commission...was relegated to the sidelines and never regained the initiative", adding

"That has not stopped its machine from producing directives and regulations, creating a regulatory burden that bears down on businesses and people." 

He notes the European Parliament

"has been fully empowered by the Treaty of Lisbon. It has an important role to play, but at every turn it demands more resources for more Europe while it attracts ever lower electoral turnouts."

His key ideas include:

• A European Governance Manifesto for the next five years with the member states, laying down what the EU should and should not do. "This will mean more Europe in some areas, and less in others."
• "Create a smaller, reformed commission with a president and vice-presidents heading a limited number of policy clusters. The vice-presidents would have the sole authority to initiate legislation."
• Encouraging "national parliaments to bring Europe back home where it belongs." He throws his weight behind a "red card" for national parliaments - if one-third of them object, a Commission proposal is history. As you know, we love this idea. 

However, he says he doesn't want treaty changes and, interestingly, claims the ideas he put forth can be achieved without such changes. We assume that, for the red card, this would effectively mean a political agreement to the effect that the current yellow card means a red card in practice.

Timmermans concludes:

"In this we do not stand alone. Other partners have put forward proposals that share a similar thrust: a more focused and balanced EU with less burdensome regulation. Let us seize this momentum and start with an in-depth debate on change and reform. For this is our chance to shape “our” Europe together."