European proposals
This section covers the special features for handling European proposals, focusing on directives being negotiated under the co-decision procedure. However, the principles can be applied across the board as best practice in handling European proposals. The Cabinet Office European Secretariat produces information and guidance on different EU decision making procedures. They can be contacted on 020 7276 0086.
Introduction
- You should carry out an RIA when negotiating a piece of legislation or an agreement that will have to be implemented in the UK. For European proposals this includes directives, regulations, decisions, technical adaptations to European Union (EU) provisions, and joint positions and conventions under second and third pillar cooperation.
Key points to remember when handling European proposals:
- You do not have control of producing the proposal, the Commission does. It is therefore vital to seek early warning of ideas that the Commission may be developing. You should already have good links with policy makers in the relevant Directorates-General (DGs) but, if not, find out who the best contacts are and talk to them. They are often glad of external input as they try to find solutions to problems that will work across the EU.
- You are one of many players (24 other Member States and the European Parliament) so you have to find out what their positions are to inform your options and your negotiating strategy. This is crucial - no one can negotiate effectively without knowing the position of others.
- Networking, lobbying and forming alliances are crucial.
- Ensure UK representation on informal/expert working groups.
- Start thinking early about the practicalities of implementation and enforcement as these are often overlooked during negotiations.
- Keep in regular contact with the relevant desk officer in the European Secretariat as they coordinate the UK negotiating position in all areas.
- Use UKRep in Brussels to identify and help make contact with key policy makers in the Commission, Parliament and the Permanent Representations of other Member States.
- Contact the Foreign and Commonwealth Office to explore using UK embassies in other EU Member States to help you identify the most appropriate contacts in the respective Ministries.
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What the Commission is doing
The following gives an overview of what the Commission has committed itself to in its 2002 Action Plan on Better Regulation
- The introduction of a systematic impact assessment process, covering the economic, social and environmental impacts of policy proposals has been implemented gradually from the start of 2003, with a view to being fully operational from 2005. Impact assessment will be applied to all proposals listed in the Annual Work Programme.
- A commitment to establishing and adhering to minimum standards for consultation to improve the openness and transparency of the policy making process. This includes a commitment to an inclusive approach, to acknowledging responses, ensuring feedback and a minimum period for consultations of eight weeks. Roadmaps will be published alongside the Annual Work Programme that will set out the issue at hand, policy options, likely impacts, assessments and consultation to be undertaken and their timing.
- All Directorates within the Commission are signed up to the Action Plan. The support and assistance of UK policy officials is key to delivering on this agenda, which is a priority for the UK.
Suggestions for what you can do
- The Commission is committed to producing impact assessments for all proposals.
- You should check that proposals in the Annual Work Programmes from 2005 onwards are accompanied by an impact assessment when they are published.
- You should be prepared to contribute the UK data on the likely impact of the proposal if requested to do so by the Commission. This information should already be available from preparing the UK RIA.
- You should check that consultation has been conducted (at least) according to the minimum standards established by the Commission, and that the results of the consultation are reflected in the Explanatory Memoranda accompanying the proposal.
- Encourage other Member States and external stakeholders to influence the Commission to produce well-assessed proposals, based on effective consultation.
- The Commission's impact assessments will cover impacts across the European Union. You will still need to produce a UK RIA in connection with European proposals, in order to assess UK-specific impacts in more detail. The information you produce for UK use may feed into the Commission's impact assessment.
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