A European framework for regulatory responses to the collaborative economy

ECON-VI/048
Adopted

A European framework for regulatory responses to the collaborative economy

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Peter FLORIANSCHÜTZ
Alternate Austria
Member of Vienna City Council
 peter.florianschuetz@gpa-djp.at
 +43 1 400081925
 EN, DE
 Adoption: 05/12/2019
 Theme: Enterprise and Industry
Commission: Commission for Economic Policy (ECON-VI)
Given the absence of a common regulatory framework for the collaborative economy, Member States, but also regional and local authorities as well as the European Court of Justice, have had to respond to the challenges presented by the collaborative economy on a case-by-case or sector-by-sector basis. This leads to regulatory fragmentation between and within Member States, which leads to legal complexity and additional administrative burden at local and regional level, while hampering the harmonious development of the collaborative economy. The aim of this opinion is therefore to outline a possible overall strategy for the collaborative economy and seek to provide more specific recommendations on internal market-related issues in view of future European Commission initiatives in this field.
THE EUROPEAN COMMITTEE OF THE REGIONS − recalls that in its 2016 opinion on the topic, the Committee found that the Commission's Communication on "A European Agenda for the Collaborative Economy" did not provide comprehensive answers to some of the crucial questions raised by the collaborative economy; believes that this inaction has resulted in leaving highly political decisions up to the courts rather than the European and regional legislators; − considers that the existing EU regulatory framework – introduced before the age of collaborative economy platforms – is effectively outdated and cannot respond to the challenges posed by the collaborative economy without a thorough update; − calls on the European Commission to put forward proposals to this end in the course of 2020, in the broader context of the "Digital Services Act" that is on the agenda of the Commission President-elect, especially as the main technical conveniences (e.g. smartphones) and platforms appeared a long time after the e-Commerce Directive of 2000; − notes the strong local and regional dimension of the collaborative economy, which influences everyday life, since many of the sectors in which these platforms are active, from accommodation, urban transport or delivery services to the use of public spaces, are regulated or taxed at the local and regional level; − points out that access to data is a crucial issue for public authorities, in particular at local and regional level; ensuring proper enforcement of applicable local rules and safeguarding supervisory mechanisms is impossible without access to the relevant data from platforms operating in a given territory; − asks the European Commission to produce studies into the possible environmental impact of the collaborative economy by the second half of 2020, as such in-depth studies are lacking.
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