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C.H. Montin, Tbilisi 11 Tbilisi, 12 November 2014 Developing Regulatory Impact Assessment In Georgia Overview of the RIA process & methodology Charles-Henri Montin, Smart Regulation Consultant Former Senior Regulatory Expert, Ministry of economy and finance, Paris http://smartregulation.net
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C.H. Montin, Tbilisi 2 Overview of the RIA process
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C.H. Montin, Tbilisi 3 RIA: A process of evidence based decision making (elements of RIA) Identifying and defining the problem Spelling out the desired objective(s) Establishing the need for new regulation Elaborating the different options, considering alternatives to regulation Consultation of stakeholders Analysing the options (assessment of the likely impacts) Recommending the policy option Communicating the results Monitoring (regulation) and reporting
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C.H. Montin, Tbilisi 4 RIA at all stages of the regulatory cycle Source: UK IA handbook p. 58
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C.H. Montin, Tbilisi 5 Components of RIA Policy objectives: outlines existing regulations, defines the problem and shows why action is necessary; make the case for regulation Alternatives: lists range of options beside regulation, including non-regulatory options Benefits & Costs: quantifies the impacts Consultation: shows who was conferred with and the feedback collected and how it was used Compliance and enforcement: explains the policy on conformity to the regulations and tools to ensure it is respected, expected compliance rates; discard unworkable proposals
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C.H. Montin, Tbilisi 6 RIA requirements in OECD countries
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C.H. Montin, Tbilisi 7 Quantification of benefits and costs RIA report must quantify the impact of different options direct and indirect benefits and costs and impacts on environment, government, business, workers, consumers, etc. of each option Range of other impacts depend on government policy priorities: sustainable development, balance between societal and economic goals, inclusive growth, etc Special focus of regulatory burden of each alternative Specific effects on small business if the government has an SME policy Recommended solutions must impose least costly information and administration burden Verification system ensures that all impacts have been fully considered
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C.H. Montin, Tbilisi 8 Scoping issues Many countries have linked RIA requirements to the magnitude of potential impacts of proposals Difficult to identify suitable threshold Quantitative vs. qualitative thresholds? Primary and/or secondary legislation? USA – annual costs exceeding $100 mil. Or more Canada: $10 million or more France: no threshold yet but other selection criteria Range of impacts to reflect government priorities Solution: “proportionality” of RIA effort
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C.H. Montin, Tbilisi 9 OECD “Ten good practices” 1. Maximise political commitment to RIA. 2. Allocate responsibilities for RIA programme elements carefully. 3. Train the regulators. 4. Use a consistent but flexible analytical method. 5. Develop and implement data collection strategies. 6. Target RIA efforts. 7. Integrate RIA with the policy-making process, beginning as early as possible. 8. Communicate the results. 9. Involve the public extensively. 10. Apply RIA to existing as well as new regulation. Source: OECD (1997), Regulatory Impact Analysis: Best Practice in OECD Countries, Paris.
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C.H. Montin, Tbilisi 10 Conclusions The RIA scheme is a continuum from inception of the policy to the monitoring of its success It is an integrated process where many different quantitative, qualitative, opinions and facts, must be consolidated for decision at the political level Consultation feedback must be integrated at different stages and be allowed to impact the policy Data collection difficulties must be anticipated and met with “creative” economics
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C.H. Montin, Tbilisi 11 To learn more about RIA methodology… OECD “text-books” –“Introductory handbook for undertaking RIA”Introductory handbook for undertaking RIA –“Building a framework for RIA”Building a framework for RIA RIA methodology (UK) –Impact assessment toolkit 2013Impact assessment toolkit (p. 57 sq of BR framework manual) –UK Government RIA site ; RIA templateRIA sitetemplate RIA methodology (EU) –European Commission RIA siteRIA site –Guidelines for conducting RIAGuidelines France: Guide de LégistiqueGuide de Légistique
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