The CPME welcomes this Tuesday a provision in the Bill relating to the Right to error and Simplification, and putting an end to “over-transposition of european standards.”Details.
While the draft Law “on the right to error and simplification” might be presented this Friday 28 July by the Council of ministers, articles 8 and 9 of the text dedicated to the “end of the over-transposition of european standards” provokes the reaction of the CPME* Tuesday. It is, in fact, of all the measures planned to combat the over-transposition of european directives, is reminiscent of the Bill, which Batiactu, purchased a copy last week.
On the over-transposition of european directives of the “texts, which are not justified, could thus be questioned.”
In addition, the “Bill also provides, except in special cases, prohibit the over-transposition of european directives into national law, which led to impose to the French companies of the standards were not submitted to their competitors within the european space”. According to the CPME, “texts, which are not justified, could thus be questioned.”
Finally, the employers ‘ organisation chaired by François Asselin, acknowledges that “this point is major. It should allow to put an end to some excesses in the law.”
Towards the end of some excesses in the normative ?
Articles 8 and 9 address the over-transposition of european Union law in the fields of environmental, economic, and financial. The first, section 8, simplifies, “the rules relating to the environmental assessment, in the case of modification or extension of installations, structures, works or activities that are existing”. In a context where the “nomenclature of environmental assessments thought to be applied to the initial projects of classified installations is the source of difficulties of interpretation when it is applied to modifications and extensions of these facilities,” it appears necessary, highlighted in article 8, “to entrust to the authority who carries out a special police force, when such a font is provided.” It would have the exclusive responsibility for the choice of the need to redo the complete procedure in the event of change as was previously the case, reminiscent of the porters of the Bill.
As to article 9 to remedy the over-transposition of european Union law in the field of economic and financial, it has two objectives. The first : to enable the reform by way of order regulations relating to the rate of charge (TEG) defined as the total cost of the credit to the borrower, expressed as an annual percentage of the credit. The second government objective is to propose “a empowered the Government to change by orders of certain provisions of the 2010 act on the banking and financial regulation (LRBF) relating to the liability of credit rating agencies (articles 10 and 11) , codified in articles L. 544-5 and L544-6 of the French monetary-financial.”
Reactions of the CPME
*The CPME welcomes the “end of the over-transposition of european standards.”
In a press release dated July 25, 2017, the CPME applauds with both hands the whole of these measures : “trust, assuming good faith and accepting the error during the procedures declarations will undoubtedly in the right direction”, explains the employers ‘ organisation.
Similarly, the desire to “move from an administration to control an administration consulting and support services” should be welcomed”, says she. Before adding : “Will ensure the implementation as simple as possible of this principle in avoiding the mistakes committed in the application disorderly of the principle according to which the administration silence is deemed acceptance.”
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