Delegations will find herewith an extract of the
Guidance for Working Party Chairs (Handbook) setting out the indicative
Checklist for Working Party Chairs (Annex I of 6270/18).
Examination
of Commission IAs in the Council
in the context of the
consideration of Commission proposals
- Indicative Checklist for Working Party Chairs -
Title of proposal |
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Lead DG |
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1. Context of the IA |
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a) Is the IA carried out
at the initiative of the Commission, the Council, or the European Parliament? Commission Council Parliament b) Is the policy context
explained clearly? Yes No Partly Comments: c) Is the legal basis of
the initiative clear and appropriate? Yes No Partly Comments: |
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2. Problem definition |
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a) Are the existence,
scale and consequences of the problem clearly demonstrated? Yes No Partly Comments: b) Is the analysis of
the problem supported by evidence, including comments and studies submitted by Member
States or stakeholders during consultations? Yes No Partly Comments: c) Is any gap in
evidence acknowledged? Yes No Partly Comments: |
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3. Methodology |
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Is an appropriate methodology applied? Are the methodological
choices, limitations and uncertainties clearly set out? Yes No Partly Comments: |
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4. Policy objectives |
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a) Does the IA set out
clear policy objectives, including general aims and more specific/operational
objectives? Yes No Partly Comments: b) Do the policy
objectives correspond to the identified problems? Yes No Partly Comments: c) Are the policy
objectives consistent with the broad EU policy strategies and the Strategic
Agenda? Yes No Partly Comments: d) Are the objectives
linked to measurable monitoring indicators? Yes No Partly Comments: |
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5. Subsidiarity &
Proportionality |
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a) Is the Union's
competence clearly established? Yes No Partly Comments: b) Does the IA analyse
whether the proposed action is consistent with the principle of subsidiarity,
and are necessity and added value of EU action clearly demonstrated? Yes No Partly Comments: |
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c) Does the IA analyse
whether the proposed action is consistent with the principle of
proportionality? Yes No Partly Comments: d) Does the IA take into
account action already taken or planned at EU or MS level? Yes No Partly Comments: |
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6. Policy Options |
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a) Which of the
following options does the IA identify to meet the objectives? (more
than one answer is possible) No EU action Policy alternatives Alternatives to regulation Further harmonization Comments: b) Are the most affected
public/stakeholders identified? Yes No Partly Comments: c) Does the IA contain
elements on how public and stakeholders consultations informed the policy
options ? Yes No Partly Comments: d) Where relevant, are
there reasons given for discarding options that were favoured during public
and stakeholders consultations? Yes No Partly Comments: |
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7. Analysis of
impacts |
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a) Are the criteria used
to determine
the impact of the different policy options transparent? Yes No Partly Comments: b) Are the impacts of
the different policy options set out in a comparable format? Yes No Partly Comments: c) Where appropriate,
are both the short and long-term costs and benefits of the different policy
options taken into consideration? Yes No Partly Comments: d) Are impacts on
affected public and stakeholders clearly analysed, for each policy option, in
particular for the selected option? Yes No Partly Comments: |
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8. Specific aspects
included in the IA |
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Where applicable, indicate whether the impact
has been sufficiently assessed, both in qualitative and quantified terms, and
whether the data and evidence used were appropriate. |
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a) Economic
impacts |
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Impacts on competition |
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Sufficiently assessed Yes No Based on appropriate data/evidence Yes No If not, please
elaborate: |
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Impacts on consumers |
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Sufficiently assessed Yes No Based on appropriate data/evidence Yes No If not, please elaborate: |
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Impacts on competitiveness |
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Sufficiently assessed Yes No Based on appropriate data/evidence Yes No If not, please elaborate: |
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Impacts
on Small and Medium Enterprises, including micro-enterprises[1] |
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Sufficiently assessed Yes No Based on appropriate data/evidence Yes No If not, please elaborate: |
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Administrative burdens and
compliance costs, especially for businesses |
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Sufficiently assessed Yes No Based on appropriate data/evidence Yes No If not, please elaborate: |
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Digital aspects (including on the development of the Digital
Single Market) |
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Sufficiently assessed Yes No Based on appropriate data/evidence Yes No If not, please elaborate: |
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Futureproofing (degree to which proposal is future proof and
innovation-friendly?) |
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Sufficiently assessed Yes No Based on appropriate
data/evidence Yes No If not, please elaborate: |
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b) Social impacts[2] |
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Sufficiently assessed Yes No Based on appropriate
data/evidence Yes No If not, please elaborate: |
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c) Environmental
impacts[3] |
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Sufficiently assessed Yes No Based on appropriate
data/evidence Yes No If not, please elaborate: |
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d) Impacts on individual Member States, regional
or local authorities (territorial impacts) |
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Sufficiently assessed Yes No Based on appropriate
data/evidence Yes No If not, please elaborate: |
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9. Opinion of the Regulatory Scrutiny
Board[4] (RSB) of the Commission |
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Are the comments and recommendations of
the RSB considered in the IA report? Yes No Partly Comments: |
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a) Will the proposed
indicators enable the intended effects to be measured? Yes No Partly Comments: b) Are those responsible for monitoring (and compliance)
identified? Yes No Partly Comments: c) Are operational monitoring and evaluation arrangements
proposed? Yes No Partly Comments: d) Does the IA address the impact of the proposed transposition
deadline for MS ? Yes No Partly Comments: |
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11. Summary |
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Main issues proposed for discussion during the WP meeting on the
Commission’s IA: 1. 2.
3.
etc. |
[1] Impact assessments should assess SME
impacts, and should also analyse the case for allowing (a) exemptions for
micro-enterprises with <10 employees and <€2 mio turnover or balance
sheet, and (b) lighter regimes for SMEs. See http://ec.europa.eu/governance/impact/key_docs/docs/meg_guidelines.pdf.
[2] e.g. impacts on employment and labour markets, social
inclusion and protection of particular groups, public health and safety, etc.
See also Guidance for assessing Social Impacts within the Commission Impact
Assessment system (http://ec.europa.eu/smart-regulation/impact/key_docs/docs/guidance_for_assessing_social_impacts.pdf)
[3] e.g. impacts on climate, air and water quality, use of the renewable or non-renewable
resources, the likelihood or scale of environmental risks, use of energy etc.
[4] Available by searching by Commission DG and
date of publication at the following website
http://ec.europa.eu/governance/impact/ia_carried_out/cia_2012_en.htm