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Regulatory Impact Unit
Better Policy Making: A Guide to Regulatory Impact Assessment
 
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When Should a Regulatory Impact Assessment be Undertaken?

The information in this table applies to proposals submitted by the European Commission to the Council or European Parliament and Council.

 

Current Stage of Proposal Form of Assessment Required

Under Discussion within European Commission

Initial assessment of options, risks, costs, benefits, who will be affected and why non-regulatory action is deemed to be insufficient.
Commission Issues Formal Proposal for New Legislation or for Amendments to Existing Legislation

Identification of a clear set of priorities and issues that may cause most difficulty. Development of robust arguments into partial RIA based on informal consultation.

Issue Proposal for Public Consultation

A partial RIA covering all key aspects is required to go out with the consultation document. A covering letter can draw attention to key points.

Seeking Agreement to a UK Negotiating Position from Cabinet, Cabinet Committee, No.10 or other Interested Ministers


Correspondence must include a passage on regulatory burden, agreed with the Regulatory Impact Unit (RIU), and the partial RIA.

As a Proposal Changes during Negotiation

Update the RIA when the proposal changes significantly, e.g. at Common Position or following European Parliament amendment.

Adoption of European Legislation

Refocus RIA to consider options for implementation

Issue Draft Regulations for Public Consultation

A partial (refocused) RIA is required to go out with the consultation document. A covering letter can draw attention to key points.

Legislation Presented to UK Parliament

A full RIA should accompany all secondary legislation submitted to Ministers for approval. A final RIA is needed with UK primary or secondary legislation when presented to Parliament.