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Using an Impact Assessment in EU Negotiations

Production of UK impact assessments for EU proposals

You are required to carry out an Impact Assessment on EU proposals that would have force in the UK or require implementation in the UK, as you are on the UK Government's own proposals. Impact Assessments should be prepared in order to inform the UK negotiating position and collective agreement on it. For European proposals this includes directives, regulations, decisions, technical adaptations to EU provisions, and joint positions and conventions under second– and third–pillar co–operation.

Use of European Commission impact assessments

The European Commission is committed to producing impact assessments for all significant proposals included in its Annual Legislative and Work Programme.(See European Commission: the Commission's work programme. The Commission has comprehensive guidelines on what impact assessments should cover and how they should be carried out. (See European commission: Impact Assessment Guidelines)

If requested to do so by the Commission, you should consider sharing UK data on the likely impact of a proposal. In cases where you think that the Commission is not sufficiently aware of the impact of a potential proposal on the UK, you should consider taking the initiative to lobby the Commission directly to consider UK data.

Commission impact assessments are a valuable evidence base for officials negotiating EU legislation and it is important that they are discussed in Council negotiations before the proposals themselves are debated. If necessary, you should lobby the Chair of meetings to follow this practice.

Clarification should be sought from the Commission if its Impact Assessment does not meet its own guidelines, particularly if it:

• lacks evidence of thorough consultation – see Commission of the European Communities: guidelines on consultation
• fails to include viable options
• does not include adequate quantification of effects

You should make use of the UK impact assessment when lobbying other Member States to win support for the UK position. It may be that you can alert them to potential outcomes which would affect them which the Commission impact assessment has not identified. You should also consider sharing your impact assessment with UK Members of the European Parliament, and other Members such as committee rapporteurs.

The Council and Parliament have committed themselves to carrying out impact assessments on substantive amendments to Commission proposals. Should the UK impact assessment contain data which point towards a possible evidence–based alternative policy outcome not covered by the Commission either in its proposal or impact assessment, you should lobby in the Council and Parliament to encourage them to prepare an impact assessment on the amendment.

More information is available from the Cabinet Office European Secretariat.

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