“RIA in EU Harmonization” 4 June 2009 EuropeAid/125317/D/SER/TR Session 4 RIA in accession negotiatons

Objectives of RIA in accession negotiations

Why is impact assessment for European Integration different? Candidate country need to transpose and implement in a few years the Community acquis Even when the Government has committed to harmonizing with the directive or regulation, the impact assessment uses the status quo position to enable proper analysis of options for how to implement harmonized legislation.

there are many ways of implementing the acquis important to choose the least cost route as costs of implementation can be very high setting priorities and deciding on the order in which to adopt the acquis is key to efficient accession preparation RIA considers different forms of implementation and allows the least cost route to be taken 1. To approximate EU regulation in an optimal way for the domestic economy and society

it is difficult to write position papers without a knowledge of the impact of measures on the economy and society if the impact is so great that a transition period is required, this must be well justified - impact assessment will then be necessary to convince the member states this will also determine partly the length and the character of the transition period 2. To assist the writing of position papers identifying those areas where transition periods will be necessary and to consider the optimal length of transitions

3. To assess the impact of regulation on the Government budget the cost of accession on the candidate’s country budget is high it is therefore important to consider the budgetary cost of measures during the negotiation it would be useful to have a budgetary statement with each position paper reaching Government for decision

many of the costs will fall on this section of the Community input of business is necessary to complete impact assessments impact assessment produces information vital for society to prepare for accession especially useful for the business community 4. To assist the business sector and other groups in society to prepare rapidly for accession

5. To streamline consultation process with social partners RIA requires close cooperation between public administration and those affected by a new regulation Impact assessment produces information vital for society to prepare for accession, especially for the business community for many of the costs that will fall on them In countries with relatively weak civil society RIA may allow for deepening of cooperation with social partners beyond just getting opinion

Support to present national interests Due to limited influence of MS on legislative process RIA: –Helps in identification of proper negotiation priorities –Entering coalitions with other MS –Allows for a polemics based on merits of the case with results of assessments performed by the Commission

RIA in negotiations: Polish case

Environment of RIA RIA in legislative procedure but not used in practice Better Regulation in top of EU agenda only in 2004 –Director and Experts of Better Regulation’s project on RIA –4 Presidencies initiative –Dutch administrative cost model dissemination OECD review of regulatory management capacity

Structures for accession negotiations in Poland COUNCIL OF MINISTERS INTER-MINISTERIAL TEAM FOR PREPARATION OF ACCESSION NEGOTIATIONS (38 SUB-GROUPS) COMMITTEE FOR EUROPEAN INTEGRATION NEGOTIATION TEAM ACCESSION NEGOTIATIONS AND PRE-ACCESSION PREPARATIONS

Accession negotiations CANDIDATE COUNTRYEU / MEMBER STATES POSITION PAPER SCREENING EU COMMON POSITION REPLY TO THE COMMON POSITION AND POSSIBLE REVISED POSITION PAPER REVISED EU COMMON POSITION NEGOTIATIONS PROVISIONAL CLOSURE OF THE CHAPTER RIA

Task Sub-Group on Analyses of Social and Economic Impact Assessment Consists of representatives of sub-groups dealing withspecific negotiating chapters Reviews compulsory impact assessments for specific negotiating chapters Chaired and supported by Government Center for Strategic Studies

Task Sub-Group on Budget and Financing of Preparations for Negotiations Consists of representatives of sub-groups dealing with specific negotiating chapters Reviews compulsory of budgetary and financial implications of specific negotiating chapters prepared in sectoral sub-groups Chaired and supported by Ministry of Finances

Problems in preliminary stage Lack of concern for implementation –Too great preoccupation with the legal rather than, economic and social implications of EU adjustment Lack of skills –Even basic techniques were absent from the public services Lack of ownership of integration process –Integration was not internalised in ministries, seemed to be something distant, distracting attention from usual business

RIA driven by requests for transition periods Commission invited Poland many times to review its request or to limit them –Commission wanted data on single operators (to include them into Accession Treaties) New approach in negotiations - emphasis on implementation plans - sources of financing, investment plans, capacity to bear costs.... –Who can answer all those questions?

Unit of Analysis One of the units in the Department for Support of Accession Negotiations reporting directly to Chief Negotiator Ad hoc RIA to get better chances of transitional periods Close co-operation with those who are likely to be affected The most complicated projects were outsourced

Lessons and experiences Good quality RIA is of key importance for obtaining transitional periods Priorities of assessment need to be established Small central unit could be essential to make system of RIA work in negotiations Without RIA it will not be possible to implement the acquis efficiently