The Ombudsman has made suggestions to the European Commission on the composition of the Regulatory Scrutiny Board and on the Board’s interactions with interest representatives.

The Regulatory Scrutiny Board reviews and issues opinions on the Commission draft impact assessments that accompany proposals for new EU legislation or evaluations of existing legislation. If the Board issues a negative opinion, the Commission must amend the draft impact assessment to address its concerns. This gives it significant influence on the Commission’s decision making when it comes to EU law making.

Following an inquiry, the Ombudsman asked the Commission to do more to ensure the composition of the Board includes sufficient expertise in macro- and microeconomics, social policy, and environmental policy. The diversity of expertise corresponds to requirements set out in a Commission communication on the Regulatory Scrutiny Board published in 2015. As part of meeting this goal, the Commission should clearly describe the criteria it applies for selecting Board members.

The Ombudsman also said the Commission should ensure Board members avoid holding meetings with individual interest representatives. She stressed that, when it comes to outreach activities, it was important for members to consider not only the actual risk of undue influence on their work, but also the public perception of their independence.

The Ombudsman’s inquiry followed a complaint from a non-governmental organisation. The organisation had criticised the Board’s role in relation to a specific file and shared wider concerns regarding its independence.