In future, the EU Commission is to be able to oblige undertakings to submit information. It thereby wants to ensure better enforcement of EU law and better preparation of legislative measures. This could also allow easier investigation and proof of infringements of internal market rules.

The EU Commission wants to make decision-making in the comitology procedure easier and more transparent. cep believes that the proposed aim, of making Member States take greater responsibility, is appropriate. The Commission does not have the necessary democratic legitimacy and public acceptance to make politically sensitive decisions.

The “governance mechanism” aims to enable coordination of the energy policy measures of the Member States and the EU, and tighten planning and reporting duties. The EU Commission’s proposed Regulation creates clarity and reduces excess red tape. However, its authorisation for the Commission to design a financing platform for renewable energy projects is contrary to EU law.

The EU - Commission wants a Regulation to protect the confidentiality of electronic communications and related end-user data more effectively and at the same time ensure the freedom of movement of such data. In cep’s view, the envisaged coherence with the General Data Protection Regulation has not been achieved. This results in legal uncertainty which weakens the EU as a location for the data economy.

The EU Commission wants to further harmonise the rules on the use of radio spectrum. In cep’s view, the long minimum duration of 25 years for time-limited harmonised radio spectrum licences, envisaged by the Commission, should be abolished because, in the technologically fast moving telecommunications sector, it may result in the inefficient distribution of licences.

The EU Commission wants to strengthen competition on the wholesale electricity markets. Cross-border power flows in the EU will also be increased. In cep's view, banning Member States from intervening in price formation on the wholesale electricity markets increases competition amongst electricity producers.

The EU-Commission wants to revise the universal service rules in order to enable all EU citizens to have a broadband connection at an “affordable price”. In cep’s view, however, an obligation for universal service providers, to offer social tariffs below market prices in order to give low-income citizens a broadband connection, would be in breach of the freedom to conduct a business.

By introducing an electronic services card (E-Card), the EU Commission wants to facilitate the cross-border provision of services. This voluntary electronic proof is intended to reduce red tape for service providers from other EU countries and strengthen the internal market. cep finds this to be questionable and the E-Card to be unlawful under EU law because it is in part disproportionate.