1. Points for discussion Panel Allocation systems and transparency Leiden, January 19 th 2012 Chair: D.C. Dragos, Romania

2. ALLOCATION SYSTEMS TYPE OF RIGHTS TO BE ALLOCATED Scarcity vs. Public policy Natural / technicalPublic interest

3. Procedure Order of application : 1 st came, 1 st served Drawing of lots: similar offers Bid (auction) : highest offer Tender: combination of criteria Gambling: monopolies / restrictions Radio: EU harmonization CO2: trading schemes

4. What scope for transparency? Institutional arrangements ◦ Governmental bodies vs. professional bodies ◦ Independence? ◦ Freedom of choice regarding public policy  Choice of the allocation system  Design of the allocation system

5. What scope for transparency? Allocation procedure ◦ Establishing criteria Usage of the scarce right ◦ Limitation of possible applicants: new entrants (competition) vs. past experience

6. 1. Ex ante transparency Drafting the rules – legal certainty Availability of the right Design of the allocation system Publicity

7. 2. Transparency of the procedure Competent body Timeframes – reasonableness Communication with interested parties – publicity Redress procedures ◦ access to documents Legal consequences for lack of transparency

8. 3. Ex post transparency Control mechanisms Transparency of findings Sanctions and their publicity Consequences for infringement of transparency requirements Redress Transparency of requirements for renewal ◦ Conditioned by performance – assessment? ◦ Regardless of performance – new entries, competition?