Since the start of 2022, the RSB has provided 13 opinions on 12 legislative proposals and one set of Guidelines.
You only get to see the Opinions of The Regulatory Scrutiny Board when the Commission proposal is adopted and published.
Summary
1 st Submission, Positive Opinion: 2 (1,7)
1st Submissions, Positive Opinion with Reservations: 2 (3,12)
2nd Submission, Positive Opinion with Reservations: 6 (3,4,5,6,9,13)
Double Negative Opinion: 3 (8,10,11)
A deeper look
Just under 25% of the Commission’s main proposals have been rejected twice by the RSB as not meeting the quality standards the Commission imposes on itself.
Another 46% get approved the second time around with reservations.
Only 15% sail through with a positive opinion with no reservations.
The constant knockbacks must be stressing the Commission’s tight legislative timetable.
Double Negative Opinions
The Commission can adopt a proposal even if it is has a double negative opinion.
They add the following Conclusion: “The Board’s opinion is in principle final. The DG should seek political guidance on whether, and under which conditions, this initiative may proceed further.”
In all 3 cases, the political leadership of the Commission has taken a conscious choice and tabled a proposal that, on the face of it, fails to meet the basic Better Regulation quality criteria the Commission seeks to abide by.
As you only have access to an RSB Opinion once a proposal is adopted, it is unclear if any double negative opinions led to proposals being withdrawn. If you know, please let me know.
Opinions for proposals tabled adopted in 2022
- Opinion on the Regulation on substances that deplete the ozone layer (link)
Proposal Published: 5 April 2022
Opinion: 2 July 2021
Submitted to RSB: 2 June 2021
Date of RSB meeting: 30 June 2021
Opinion: Positive
- Opinion on the Regulation on fluorinated greenhouse gases (link)
Proposal Published: 5 April 2022
Opinion: 25 February 2022
Submitted to RSB: 8 February 2022
Date of RSB meeting: Written Procedure
Opinion: 2nd Opinion: Positive with reservations
- Opinion on the Industrial Emissions Directive (link)
Proposal Published: 5 April 2022
Opinion: 25 February 2022
Submitted to RSB: 10 November 2021
Date of RSB meeting: 8 December 2021
Opinion: Positive Opinion with reservations
- Opinion on Construction Products (link)
Proposal Published: 30 March 2022
Opinion: 16 January 2022
Submitted to RSB: 16 December 2021
Date of RSB meeting: Written Procedure
Opinion: 2nd Opinion. Positive Opinion with reservations
- Opinion Eco-design requirements for sustainable products (link)
Proposal Published: 30 March 2022
Opinion: 21 January 2022
Submitted to RSB: 10 December 2021
Date of RSB meeting: Written Procedure
Opinion: 2nd Opinion. Positive Opinion with reservations
- Opinion on Green Claims (link)
Proposal Published: 30 March 2022
Opinion: 17 September 2021
Submitted to RSB: 4 August 2021
Date of RSB meeting: Written Procedure
Opinion: 2nd Opinion. Positive Opinion with reservations
- Proposal on settlement discipline (link)
Proposal Published: 16 March 2022
Opinion: 29 October 2021
Submitted to RSB: 29 September 2021
Date of RSB meeting: 27 October 2021
Opinion: Positive
- Opinion on combatting violence against women and domestic violence (link)
Proposal Published: 8 March 2022
Opinion:
Submitted to RSB: 1st submission 15 September 2021, 2nd submission 1 December 2021
Date of RSB meeting: 1st meeting 13 October 2021, Written Procedure
Opinion: 2nd opinion: Negative
- Opinion on the Data Act (link)
Proposal Published: 23 February 2022
Opinion: 21 January 2022
Submitted to RSB: 1st submission 29 September 2021, 2nd submission 13 December 2021
Date of RSB meeting: 1st meeting 7 October 2021, 2nd Written Procedure
Opinion 2nd opinion: Positive with reservations
- Opinion on Corporate Sustainability Due Diligence (link)
Proposal Published: 23 February 2022
Opinion: 26 November 2021
Submitted to RSB: 1st 9 April 2021, 2nd 8 November 2021
Date of RSB meeting: 5 May 2021, negative opinion 7 May 2021, Written Procedure
Opinion: Overall 2nd opinion: Negative
- Opinion on Union Secure Connectivity (link)
Proposal Published: 15 February 2022
Opinion: 12 January 2022
Submitted to RSB: 1st 11 October 2021, 2nd 20 December 2021
Date of RSB meeting: Not known, Written Procedure
Opinion: 1st Negative Opinion 12 November 2021, negative opinion Overall 2nd opinion: NEGATIVE
12. Opinion State aid for climate, environmental protection and energy 2022 (link)
Proposal Published: 27 January 2022
Opinion: 18 October 2021
Submitted to RSB: 15 September 2021
Date of RSB meeting: 13 October 2021
Opinion: Positive with Reservations
13: Opinion on EU Drugs Agency (link)
Proposal Published: 12 January 2022
Opinion: 12 May 2021
Submitted to RSB: 14 April 2021
Date of RSB meeting: Written Procedure
Opinion: Overall 2nd opinion: Positive with Reservations
Observations
- Not all major legislation benefited from an impact assessment and scrutiny from the RSB. For example, the Chips Act (8 February 2022) has no IA /RSB Opinion.
- The quality of the paperwork published varies considerably. Some Impact Assessment Reports provide useful notes on the work of IISG and others none.
- The quality of the Impact Assessments varies a lot.
- When there is a double negative opinion, the College has gone on to adopt the proposal.
- The RSB Opinions and the Impact Assessment Report are treasure troves of useful information. They detail the strengths and weaknesses of the Services thinking. I can understand why the Commission doesn’t want the RSB Opinions public, otherwise, people may read back the same points to the Cabinets and Commissioners during Inter-Service Consultation.
- The speed of adoption from 2nd approval to the College’s adoption for the Data Act is fast (item 9).
- It would be useful to know how many people in the Services and Cabinets during Inter-Service Consultation, and then the Commissioners, turn to and read the RSB’s opinions when deliberating on new proposals.