art_31__para_5

5. The Commission shall conduct a prior assessment of impacts in order to decide whether to adopt a delegated act pursuant to paragraph 1. That assessment shall: be based, inter alia, on a consultation of: all relevant stakeholders, such as industry including downstream industry, SMEs, and, where relevant, the craft industry, social partners, traders, retailers, importers, organisations promoting human health and environmental protection, consumer organisations and academia; third countries, or OCTs, whose trade with the Union may be significantly affected by this obligation; the Board; Union agencies with competence in the field of environmental protection, as appropriate; ensure that any such measure is not prepared, adopted or applied with a view to or with the effect of creating unnecessary obstacles to international trade and is no more trade-restrictive than necessary to achieve the Union’s climate and environmental objectives, having regard to the ability of third-country suppliers to comply with such a declaration such that aggregate trade flows and critical raw materials costs are not disproportionately affected; assess whether similar obligations under Union law have produced the intended effects and significantly contributed to the achievement of the Union’s environmental targets; assess whether the measure would contribute to achieving the Union’s climate and environmental objectives without disproportionately impacting the ability of Union industry to source the critical raw material concerned.

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Source: EUR-Lex (Cellar) · retrieved 2026-10-13 · Text as adopted (Official Journal); later amendments are not incorporated in this text.