The Council of the European Union has published a cover note dated 26 June 2026, transmitting the Regulatory Scrutiny Board's negative opinion on the European Commission's impact assessment for the review of the Europol Regulation. The Board found the assessment insufficiently developed in its problem definition, baseline scenario, and intervention logic, and deemed the analysis of impacts, particularly on fundamental rights and data protection, incomplete. The Commission must address these shortcomings and resubmit the impact assessment for a second opinion before the legislative process can advance.
The negative opinion, issued by the independent Regulatory Scrutiny Board, represents a significant procedural hurdle. The Board concluded that the impact assessment does not adequately justify the need for EU action or the added value of the proposed changes. It also noted the absence of a clear range of policy options and a robust comparison of their effectiveness and proportionality. The opinion forces the Commission to rework its analysis, delaying the legislative proposal for the Europol Regulation review.
This development impacts several stakeholders. For the European Commission, the negative opinion means additional work and a delay in its legislative agenda. For the European Parliament and the Council, which will eventually co-decide on the regulation, the delay postpones their scrutiny and potential amendments. For Europol itself, the uncertainty over its future legal framework may affect operational planning and resource allocation. For civil society and data protection advocates, the Board's criticism of the incomplete fundamental rights and data protection analysis is a positive signal, as it may lead to stronger safeguards in the final proposal.
the Commission must resubmit a revised impact assessment to the Regulatory Scrutiny Board for a second opinion. Only after a positive or at least revised opinion can the Commission proceed to table the legislative proposal for the Europol Regulation review. The Council and Parliament will then begin their examination.