I am drafting some short case studies on the steps of the journey a piece of legislation goes through from beginning to end. It’s useful to have a good map of the journey.
This example looks at the exemptions given under the RoHS Directive. It’s a piece of legislation I know well. It’s an example of a regular delegated act, where there was no challenge. Later on, I’ll give those examples.
First, you’ll see this process is not fast. It took four years from submission to official confirmation. if you add in the time to prepare the technical case for the continued exemption – exemptions are the exception and not the rule after all – it’s about five years of work.
Second, there are a number of steps you need to walk before you get to where you want to be. If you misstep, by keeping your eye off the ball, or providing the incorrect information early on, you are unlikely to get to the end of the journey.
Third, you cross different terrains. First, you deal with a technical and data-heavy review at the beginning, which then moves into a process review, and finally political oversight. You need to be able to deal with all the terrains.
Finally, you’ll see that Member States’ expert groups can support the Commission through both face to face meetings and through written procedures.
A Case Study
Commission Delegated Directive (EU) 2019/171 of 16 November 2018 amending, for the purposes of adapting to scientific and technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for cadmium and its compounds in electrical contacts
- 8 June 2011: Directive 2011/65/EU, RoHS
- 29 December 2014: Oeko-Institut Study starts
- 21 January 2015: 2 applications for renewal of exemption
- 15 July 2015: New Delegated Act Planned
- 21 August 2015 – 16 October 2015: 8-week public consultation (link)
- 25 August 2015: Commission launch technical study to evaluate exemption requests
- 7 June 2016: Oeko-Institut Study Published (link)
- 27 April until 18 May 2017: Written Procedure feedback from Member States’ Expert Group
- 15 February 2018: Public Feedback Start (link)– 3 submissions
- 20 February 2018: WTO WBT Notification opens
- 15 March 2018: Public Feedback ends
- 21 April 2018: WTO WBT Notification closes
- 16 November 2018: Delegated Act adopted (link)
- 16 November 2018: EP deadline for lodging objections from date of receipt (link)
- 19 November 2019: 2 month Scrutiny Period Starts for Council (date of notification) (link)
- 17 December 2018: CORPRER – support intention not to raise objections (link)
- 8 January 2018: General Affairs Council- Confirm Intention not to raise objections (link)
- 16 January 2019: 2-month deadline for European Parliament lodging objections ends
- 19 January 2019: Deadline for EP to object ends
- 21 January 2019: Deadline for Council to object ends
- 05 February 2019: Publication in Official Journal
- 25 February 2019: Entered into force