Antecedentes literarios de la gitana: Preciosa, Esmeralda y

Long List. The inventory of EU legislation in the policy areas of Internal Market and Energy

Efficiency and with a possible connection to the construction sector was developed at the tender stage and included in the Proposal. The long list included more than 40 pieces of EU legislation, identified based on the review of legal and policy documents. In line with the purpose of the Study, the list mostly consisted of binding acts (Regulations and Directives), although some Recommendations and Communications deemed to be potentially relevant for the construction sector were also included. Finally, only legal acts currently in force were included at that stage.

Intermediate List. The intermediate list was presented at the KOM. The list included 19 pieces

of legislation prima facie regarded as potentially relevant for the Study, in particular because of their impact on the competitiveness and sustainability of the construction sector, as evidenced by references in EU policy documents and/or in documents produced by industry associations and other stakeholders. The intermediate list is provided in Exhibit 1.1 below.

Exhibit 1.1 Intermediate List

Policy

Areas Legal Acts

Internal Market

 Regulation No 305/2011 laying down harmonised conditions for the marketing of construction products (Construction Products Regulation)

 Regulation No 765/2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products (Products Regulation)

1 _{See the Note on the Identification of Legal Acts, 25 June 2015.}

2 _{The full-fledged results of the legal screening exercise were presented in the Inception Report (Revised),}

Supporting study for the Fitness Check on the construction sector: EU internal market and energy efficiency legislation - Annexes

9  Council Directive 85/374/EEC on the approximation of the laws, regulations

and administrative provisions of the Member States concerning liability for defective products (Defective Product Liability Directive)

 Directive 2006/42/EC on machinery (Machinery Directive)

 Commission Recommendation 2003/887/EC on the implementation and use of Eurocodes for construction works and structural construction products (Recommendation of Eurocodes)

 Directive 2005/36/EC on the recognition of professional qualifications (Professional Qualifications Directive)

 Directive 2006/123/EC on services in the Internal Market (Services Directive)  Directive 96/71/EC concerning the posting of workers in the framework of the

provision of services (Posting of Workers Directive)

 Directive 2011/7/EU on combating late payment in commercial transactions (Late Payment Directive)

 Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC Text with EEA relevance and Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC Text with EEA relevance (collectively referred to as the Public Procurement Directives)

 Communication on Green Public Procurement COM (2008) 400 “Public procurement for a better environment” (Green Public Procurement Communication)

Energy Efficiency

 Directive 2009/125/EC establishing a framework for the setting of eco-design requirements for energy-using products (Ecodesign Directive)

 Directive 2010/30/EU on the indication by labelling and standard product information of the consumption of energy and other resources by energy- related products (Energy Labelling Directive)

 Commission Regulation (EC) No 245/2009 as regards the ecodesign requirements for fluorescent lamps without integrated ballast, for high intensity discharge lamps, and for ballasts and luminaires able to operate such lamps (implementing the Ecodesign Directive) (Lighting Regulation)  Directive 2009/142/EC of the European Parliament and the Council relating

to appliances burning gaseous fuels (Gas Appliances Directive)

 Council Directive 92/42/EEC on efficiency requirements for new hot-water boilers fired with liquid or gaseous fuels (Boilers Directive)

 Directive 2010/31/EU of the European Parliament and of the Council on the energy performance of buildings (Energy Performance of Buildings Directive)  Directive 2012/27/EU on energy efficiency (Energy Efficiency Directive)

3 CRITERIA FOR THE SELECTION OF THE SHORT LIST

The final step in the selection process involved a detailed review of the legal acts included in the intermediate list and their assessment against a set of selection criteria. These included four ‘eligibility’ criteria and three ‘substantive’ criteria.

Eligibility Criteria. The four eligibility criteria refer to the nature of the EU legislation and its

alignment with the scope and purpose of the Study. In particular, in order to be retained for further analysis:

 The legal act should be binding, in order to be able to establish a causal linkage between EU legislation and the costs and benefits observed;

 The legal act should have been in force during the 2004 – 2014 period covered by the Study. Where applicable and relevant, the legal texts which preceded or amended the selected legal act during this period would also be included, so as to ensure the coverage of the relevant period;

Supporting study for the Fitness Check on the construction sector: EU internal market and energy efficiency legislation - Annexes

10  The legal act should not have been subject to major, recent modifications, as this would

negatively influence the ability to appropriately assess its effects;

 The bulk of the impacts generated by the act should pertain to the policy areas covered by the Study, and not to areas covered by the parallel study, i.e. health and safety or environmental policies.

The application of the eligibility criteria resulted in the elimination of six acts included in the ‘intermediate list’. In particular: (i) the Recommendation on Eurocodes and the Communication on Green Public Procurement were discarded based on the first criterion; (ii) the Posting of Workers Directive and the two Public Procurement Directives were discarded based on the third criterion; and (iii) the Machinery Directive was discarded based on the fourth criterion.

Substantive Criteria. The three substantive criteria refer to the nature of the effects (costs or

benefits) generated by EU legislation. In particular, in order to be retained for further analysis:  The legal act should produce direct effects on the construction sector and/or on the related

sectors, i.e. construction products or professional services - which then result in ‘indirect effects’ for the construction sector - (‘proximity’ criterion). In practice, this criterion refers to the length of the causal chain and involves the exclusion of legislation that is excessively distant from the focus of the analysis. This can be seen as an operationalization of the ‘proportionate analysis’ principle commonly used by the Commission in evaluation and impact assessment work;

 The legal act should generate specific effects on the construction sector and/or the related sectors, in particular in relation to competiveness or sustainability (‘specific relevance’ criterion). This criterion is obviously met by the legislation directly targeting the construction and related sectors but it may also be satisfied by horizontal legislation that addresses issues of particular relevance for the sectors concerned (e.g. the issue of payment delays or the cross-border provision of services). In addition, this criterion takes into account the nature of the entities affected by legislation. Since the focus of the Study is on the cost and benefits for operators, acts impacting solely on other entities (e.g. public administrations) are not retained for further analysis;

 The expected likelihood of occurrence and magnitude of the effects generated by a certain act must be significant (‘significance’ criterion). This criterion results in the elimination of pieces of legislation exerting only a negligible influence on the construction sector. Obviously, the criterion requires an ex ante tentative assessment (as implied by the word ‘expected’), as the precise scale of the effects will only be known at the end of the Study. Therefore, the emergence of new elements during implementation may lead to a revision of the classification of legal acts under this criterion.

The application of the above substantive criteria led to the exclusion of five legal acts included in the intermediate list. In particular: (i) the Gas Appliances Directive was not considered to generate direct impacts on the broad construction sector (‘proximity criterion’); (ii) the Products Regulation was excluded because the bulk of effects do not concern operators in the construction and related sectors (‘specific relevance criterion’); (iii) the Defective Products Liability Directive was found both not specifically relevant to the construction sector and unlikely to generate significant impacts (‘specific relevance’ and ‘significance’ criteria); and (iv) the Boiler Directive and the Lighting Regulation were considered not to generate expected significant effects on the sectors of focus (‘significance criterion’).

Additional Analysis. During the Second Mirror Group and Steering Committee meetings it was

proposed to expand the analysis to one additional piece of EU legislation, namely the Renewable Energy Sources Directive.3 _{The proposed addition was motivated by the fact that some provisions}

were considered by some stakeholders to be a source of burdens for enterprises active in the construction sector. The review of the directive on the basis of the eligibility and substantive

3 _{Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion}

of the use of energy from renewable sources and amending and subsequently repealing Directives 2001/77/EC and 2003/30/EC.

Supporting study for the Fitness Check on the construction sector: EU internal market and energy efficiency legislation - Annexes

11 criteria confirmed its relevance for the Study.