III. TOWARDS A NEW DIVISION OF POWERS
In reference to Scenario 4, the Commission proposes several areas in which the European Union should only intervene to support the Member States. It is also considering limiting its added value with regard to public health and regional development. It also takes the view that the new standards on consumer protection, workplace hygiene and health and safety, should only include a minimal degree of harmonisation. Member States would also benefit from more experimentation flexibility in certain sectors.
Your rapporteurs support the idea of a better division of powers. The European Affairs Committee has already, as in the past, taken a position on the question of a rationalisation of the Commissions activities 25 ( * ) . This approach also fosters better clarity in European Union action and should facilitate a more efficient and visible division of roles. It will further fully participate in highlighting A Union of Democratic Changepresented by the President of the European Commission, Mr Jean-Claude Juncker, at the time of his election in July 2014 and with which the national parliaments should strengthen their position.
In areas cited by the Commission, your rapporteurs emphasise the need to adopt a pragmatic approach rather than predetermining which areas the European Union should no longer intervene in. All regulation at a European level should demonstrate real added value, be comprehensible and not increase the administrative burden on the activity. This reasoning can be applied to all economic areas. The decision by the Commission to mention the impending removal of the questions relating to workplace health and safety, hygiene and consumer rights must not be seen as alarming. In recent years, our committee has issued several opinions, in these areas, to the effect that it would reject all harmonisation once it has led to the standardisation of European citizens rights. The most recent case relates to the Commissions proposal on online sale agreements 26 ( * ) . Nuclear safety has also led our committee to decide against harmonisation to the extent that it would have meant a reduction in our requirements in this area 27 ( * ) .
More broadly, we need to remain alert to the very nature of the legal texts proposed by the Commission. In recent years, we have seen changes in European law. The Treaties provide for two legal instruments: directly applied regulations and directives which have to be transposed into national legislation, with some flexibility for Member States. The practice has shown a new application of these instruments: regulations which largely include the possibility of national measures for adaptation such as the regulation on data protection adopted in 2016 28 ( * ) and directives providing for maximum harmonisation which prohibit the total freedom of national legislators, as with the proposal for a directive concerning contracts for the online sale of goods. Prior to the definition of the scope of an activity, the Commission must honour the spirit of the Treaties and propose directives and regulations in accordance with the criteria set out above.
A. THE CASE OF REGIONAL POLICY
The intention expressed by the Commission to limit its intervention on regional matters may raise legitimate concerns given that European policy, in this area, contributes financially to the development of our regions. Nevertheless, your rapporteurs may share this point of view as regards the effective implementation of cohesion policy. It is not a matter of calling financial allocations into question, but rather to reflect on how to achieve better implement on the ground.
Rather than withdrawing, your rapporteurs believe that the simplification of the cohesion policy is essential if we want to highlight European added value at a regional level. The aim is thus to guarantee appropriation by our citizens. As noted by the monitoring group in its report on the rebuilding of the European Union, simplification must focus particular attention on regulation, the burden and complexity of which are exponential. European regulatory standards are excessively formal, legally unstable and lack clarity.
At the same time, it is a question of promoting proportionality. Monitoring and audit procedures should be appropriate for the scale of the project concerned, in particular, based on the level of resources and risks involved. It is also appropriate to adjust European monitoring and audit procedures according to the administrative capabilities of each Member State in this area.
As regards the allocation of funds, your rapporteurs emphasise a pragmatic approach to answer the dual requirement for budgetary flexibility and reactivity. It is a matter of achieving the pooling of rapid mobilisation credits to deal with exceptional circumstances and avoid transfers between European budget headings or amendments imposed in the process of regional programmes.
The disbursement of funds, for its part should be subject to a harmonisation of rules, for the time being differentiated according to the origin of the credits. This should allow project stakeholders and beneficiaries to understand the structure and for it to realise its full potential among European citizens.
* 25 The European Commissions work programme for 2016, information report N° 322 (2015-2016) by Mr Jean Bizet and Mrs Simon Sutour, on behalf of the European Affairs Committee, 21 January 2016.
* 26 Proposal for a directive on certain aspects concerning contracts for the sale of goods (COM (2017) 637 final) and European draft resolution N° 327 (2017-2018) on the proposal for a directive on certain aspects concerning contracts for the sale of goods, presented by Mr André Gattolin and Mrs Colette Mélot, on behalf of the European Affairs Committee.
* 27 European policy on nuclear safety: The Need to Advance, information report N° 561 (2010-2011) by Mr Jean Bizet and Simon Sutour, on behalf of the European Affairs Committee, 25 May 2011, and Senate European Resolution N° 153 (2010-2011) on the European Policy on Nuclear Safety, 30 June 2011.
* 28 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals in regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/CE (general regulation on data protection).