Integrating climate change into legislative drafting: An analysis of regulatory impact assessment obligations and practices in the EU and Finland

Abstract

Diverse aspects of climate change must be considered when drafting legislation to successfully address mitigation and adaptation objectives. In this article, we examine the legal requirements to conduct regulatory climate impact assessment (climate RIA) and analyse to what extent these have been implemented in the European Union (EU) and Finland. Our particular interest is Article 6(4) of the European Climate Law, a provision obligating the European Commission to assess the consistency of draft measures or proposals with the Union's climate objectives. Our results demonstrate that climate RIA has not been applied methodically in the EU or Finland and that where it has been conducted, it has mainly addressed impacts of the legislative proposals on greenhouse gas emissions and neglected impacts on climate change adaptation and carbon sinks. These results indicate that the obligations have been inadequately implemented. While an explicit requirement to conduct climate RIA heightens acknowledgement of climate impacts in legislative drafting, guidance in fulfilling the requirement in practice is equally essential.