There are 3 words that get me worried.
It is when someone says “I’m not caught” by a legislative or regulatory proposal.
Only the Paranoid Survive
As a general rule, I err on the side of caution. I’ll admit it may come across as paranoid. It’s an instinct that saved my life and has saved my client’s interests.
I’ve learned it makes sense to plan for the worst and hope for the best. I don’t do bouts of wild optimism when it comes to passing laws and regulations.
Just because you are not mentioned in an inception impact assessment does not mean you are out of scope and won’t be in the final legislative proposal.
If a law has a wide scope, for example, WEEE/ROHS, be very cautious about hoping you are out of scope.
On Regulatory proposals, read the proposal and fine print. Look at the proposal’s history.
What Can You Do
Please note that derogations are always narrowly construed.
Check with the Commission/Regulatory authorities that you are out of scope, and make sure you have their advice in a letter.
Better yet, make sure you are mentioned in the section of the proposal as out of scope.
Track the proposal and make sure you don’t get thrown into scope late in the day or when you are not looking.
Just because someone says it is out of scope, often someone with a vested interest in keeping it out of scope, does not mean it is so.