MIL-OSI Europe: Answer to a written question – Rules applied by the Commission to determine whether an impact assessment will precede a legislative proposal – E-000226/2025(ASW)

Source: European Parliament

1. The Commission applies the principles spelled out in its ‘better regulation’ guidelines and ‘better regulation toolbox’[1]. It thereby follows the commitments made in the Interinstitutional Agreement on Better Law-making[2].

An impact assessment is prepared for Commission initiatives that are likely to have significant economic, environmental or social impacts and where the Commission has a choice between alternative policy options. These principles are applied consistently but where an impact assessment would be appropriate but cannot be done for reasons of urgency, an analytical document in the form of a staff working document presenting the evidence behind the proposal and cost estimates is prepared within three months of the initiative’s adoption.

2. The Commission proposes new legislation only when the expected benefits outweigh the applicable costs. An impact assessment presents an objective analysis of evidence supporting the policy initiative, including the potential impacts of various options to address the identified problems and reach policy objectives. Therefore, there is no positive or negative outcome of an impact assessment. An impact assessment is an aid to policy-making and decision-making and not a substitute for it.

  • [1] https://commission.europa.eu/law/law-making-process/planning-and-proposing-law/better-regulation/better-regulation-guidelines-and-toolbox_en — in particular Tool #7 (What is an impact assessment and when it is necessary).
  • [2] https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32016Q0512(01)
Last updated: 28 February 2025

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