Legal documents

Who needs to carry out an impact assessment and when should it be carried out? An impact assessment should be carried out by regulators when drafting new or amended legislative proposals.

The Swedish regulatory system is structured on different levels where laws adopted by the Swedish Parliament are on the top of the pyramid. Laws are followed by ordinances and finally, at the bottom are the regulations adopted by the government agencies.
The requirement to conduct an impacts assessment applies to all three levels meaning that proposals for new or amended laws, ordinances or regulations should be accompanied by an impact assessment.

The Ordinance on Impact Analysis of Regulation sets out that government agencies shall carry out an impact assessment, when this has to be done as well as the requirements for what it shall contain.

For committees of inquiry, The Committees Ordinance sets out when an impact assessment should be carried out and the requirements for what it shall contain. Regarding the specific requirements on what the impact assessment carried out by a committee of inquiry shall include, the Committees Ordinance refers back to the requirements set out in the Ordinance on Regulatory Impact Assessment.
For legislative work within the Government Offices, the Guidelines for work on regulatory impact assessments in the Government Offices sets out when an impact assessment should be carried out and what it shall contain. The guidelines refer back to The Ordinance on Regulatory Impact Assessment regarding the specific requirements for what the impact assessment shall include.

Referral of the impact assessment to the Swedish Better Regulation CouncilGovernment ministries and government agencies are required to submit all proposed statutes that may impact on businesses along with the accompanying impact assessment to the Swedish Better Regulation Council for review. That there is a legal obligation to refer to the Swedish Better Regulation Council is of great importance. As a minimum, the Council shall have 14 days to review the impact assessment and present its opinion.

A new ordinance on impact assessment
On May 6, 2024, the government decided on a new ordinance (2024:183) External link. on impact assessments. However, this does not apply to committees and special investigators appointed before its entry into force; for these, the older ordinance (2007:1244) External link. on impact assessments will continue to apply.
The new ordinance requires, amongst other aspects, quantifications of the proposal’s costs and revenues for businesses, as well as the follow-up of the legislation. Impact assessments for proposals concerning the implementation of EU directives into national law, which go beyond the directive’s minimum level, must include an explanation for this.