EU countries: Documentation and instructions for use are to become digital
The representatives of the member states have approved their position on the Commission's draft for a package to cut red tape. "Digital by default" is to come.
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Existing physical requirements, such as documentation and instructions for use, are to be replaced in the EU by the principle of "digital by default". This is what the Committee of Permanent Representatives of the Member States (Coreper) advocated in its position adopted on Wednesday on the EU Commission's draft for a comprehensive "omnibus" legislative package to reduce bureaucracy. As a rule, printed handouts are to be replaced by digital versions in the future. Companies would only have to provide printed material to other companies, administrative customers, or consumers in exceptional cases.
"Too many European companies spend too much time dealing with complex regulations," said Marie Bjerre, Danish Minister for European Affairs, welcoming the agreement on behalf of the Council Presidency. The EU is thus taking "an important step towards changing this". Whether it is about simplifying digital documentation or supporting the growth of small businesses, the steps taken promote a "more competitive Europe".
The package aims to digitize 20 different EU product directives within the framework of single market rules and adapt them in terms of common specifications. This is part of a wider strategy to prioritise digital formats and eliminate paper-based requirements. Key changes include the digitalization of the EU Declaration of Conformity, digital exchange processes between national authorities and economic operators, and allowing manufacturers to provide instructions for use in digital form. It is also about introducing a digital contact point for companies.
GDPR documentation obligation is restricted
The Council of Ministers has essentially retained the thrust of the directive, but has clarified the access to digitally available information. To ensure consumer protection, safety-related information must continue to be available in paper form if there is a risk of serious harm to consumers. The implementation period for member states is to be extended to 24 months.
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According to the Commission's proposals, more companies will also be categorized as SMEs in the future and therefore benefit from fewer regulatory requirements. The Commission originally wanted to include companies with fewer than 750 employees and a turnover of up to 150 million euros in this new category. The Council has once again significantly increased these thresholds to companies with fewer than 1000 employees and an annual turnover of up to 200 million Euro.
The package also aims to streamline the documentation requirements under the General Data Protection Regulation (GDPR). Article 30 currently states that every controller and processor must keep a record of processing activities and what information it should contain. It already contains an exemption for small and medium-sized enterprises (SMEs) and organizations with fewer than 250 employees. The EU member states are also aiming for the new limit of less than 1000 employees. Numerous NGOs have already criticized the Commission's line: it could lead to a step backwards in terms of important guarantees for accountability and therefore also compliance. The EU Parliament still has to define its course and then negotiate a compromise with the Council.
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