In a public answer to a written question by Charlotte Cederschiöld (PPE-DE) on timeframe of the impact assessment of the Data Retention Directive, the European Commission has stated that such an assessment will not take place because " it will not provide any added value".
The European Parliament has adopted on 14 December 2005 a version of the Data Retention Directive, including in the paragraph 2 of the Resolution the necessity of a prior impact study of the directive: "Calls on the Commission for an impact assessment study covering all internal market and consumer protection issues"
The original text of the paragraph, as suggested on 28 November 2005 was " Calls on the Commission, prior to the entry into force of this Directive, to commission an impact assessment study from an independent body representing all stakeholders, covering all internal market and consumer protection issues "
Right after decision of the Parliament, the MEP Charlotte Cederschiöld (PPE-DE) asked the Commission already on 15 December when it intended to begin and complete the impact assessment of the Directive.
The answer, received on 31 January, from the Commission considers that "an impact assessment cannot, at this stage, have an influence on the content of the legal instrument, given the fact that an agreement on the Directive has just been reached between the Council and the Parliament. This means that the legislative process at the European level is completed, and that an additional assessment of the impact of the instrument at the European level will not provide new elements. This is of course without prejudice to the possibility of Member States to carry out an impact assessment with respect to the national implementation of the Directive, given the fact that the Directive does leave some elements of choice to the Member States in the national implementation process."
The answer also makes reference to the evaluation of the Directive, as foreseen in the Article 12 of the adopted text that "will be made within three years after its implementation period."
However, the Commission is considering the set-up of a working group on this matter. "The Directive also provides for an obligation for the Commission to examine all observations communicated by the Member States or the Article 29 Data Protection Working Party. It is expected that further discussions on the issue will also have taken place within the group to be set up by the Commission and to be composed of law enforcement representatives, associations of the electronic communications industry, Parliament representatives and data protection authorities, including the European Data Protection Supervisor (see also Recital 14)."
European Parliament legislative resolution on the proposal for a directive
of the European Parliament and of the Council on the retention of data
processed in connection with the provision of public electronic
communication services (14.12.2005)
http://www.europarl.eu.int/omk/sipade3?PUBREF=-//EP//TEXT+TA+P6-TA-200...
Question from MEP Charlotte Cederschiöld (PPE-DE) on Data retention
directive (15 12 2005)
http://www.europarl.eu.int/omk/sipade3?PROG=QP&L=EN&SORT_ORDER...
Answer given by Mr Frattini on behalf of the Commission on Data retention
Directive ( 31.01.2006)
http://www.europarl.eu.int/omk/sipade3?L=EN&OBJID=108637&LEVEL...
EDRI-gram : European parliament adopts data retention directive (18.01.2006)
http://www.edri.org/edrigram/number4.1/dataretention
Extended Impact Assements - Annex to the Proposal for a Data Retention
Directive (21.09.2005)
http://europa.eu.int/comm/justice_home/doc_centre/police/doc/sec_2005_...