Ad hoc Group of Experts on Better Regulation Report to the Ministers responsible for Public Administration on the Progress of the Implementation of the Mandelkern Report’s Action Plan on Better Regulation

Searching for Better Quality Regulations in EU Amsterdam Treaty (1995) Lisbon European Council (2000) Strasbourg Meeting of Ministers of Public Administration (2000) High level Advisory Group on Better Regulation (Mandelkern Group) Laeken Summit Commission’s Action plan for Simplification.

La Rioja Conclusions “…The group …. will report to the Ministers responsible for Public Administration and Better Regulation on the results of the implementation of better regulation tools in member states and on the Action Plan”.

Greek Presidency’s ad hoc Group of Experts Six areas of better regulation activities have been searched: Policy Implementation Options Regulatory Impact Assessment Consultation Simplification Access to Regulation Effective Structures

A Summative Evaluation Overall positive echo of Mandelkern report A coherent policy on Better Regulation is feasible all over Europe! More and more countries implement an RIA Public Consultation is developing as a single methodology all over Europe Public Administrations and Economies are working closely

Policy Implementation Options/ Alternatives to Regulation 7 of 13 member states examine alternatives through RIA. 7 of 13 use Co-regulation 4 of 13 use Sunset Legislation (No answer: 2)

Regulatory Impact Assessment (1) 8 of 13 apply RIA 7 of 13 use RIA in a pilot phase. RIA is used for primary legislation - 9 of 13 use RIA also for subordinate legislation (No answer: 2)

Regulatory Impact Assessment (2) RIA criteria Administrative burdens: 12 of 13 Budgetary burdens: 14 of 13 Impact on citizens: 8 of 13 Impact on employment: 6 of 13 Impact on markets: 10 of 13 Impact on environment: 8 of 13 Impact on SMEs: 9 of 13 (No answer: 2)

Regulatory Impact Assessment (3) Service responsible for RIA Prime Minister’s Office: 2 of 13 Responsible Ministry: 14 of 13 (No answer: 2)

Public Consultation (1) Mandatory/formal: 9 of 13 Non mandatory: 4 of 13 Public consultation through Circulation of documents: 11 of 13 Public notice: 6 of 13 Internet: 10 of 13 (No answer: 2)

Public Consultation (2) Stakeholders participating in public Consultation Public Bodies: 15 of 13 NGOs: 9 of 13 Interest groups: 11 of 13 Business organizations: 11 of 13 Advisory Committees: 6 of 13 Single citizens: 8 of 13 (No answer: 2)

Public Consultation (3) Consultation period defined: 6 of 14 Consultation period not defined: 8 of 14 (No answer:1)

Public Consultation (4) Publication of Results Yes: 8 of 12 No: 4 of 12 (No answer: 3)

Simplification (1) Defined Simplification Policy: 9 of 13 Not defined Simplification Policy: 4 of 13 (No answer: 2)

Simplification (2) Responsible Service Prime Minister’s Office: 2 Responsible Ministries: 11 (No answer: 2)

Access to Regulation (1) Defined Codification Policy: 9 of 13 Not defined Codification Policy: 4 of 13 (No answer: 2)

Access to Regulation (2) Responsible Service Prime Minister’s Office: 2 Line Ministries: 8 Ad hoc Committee: 1 (No answer: 4)

Access to Regulation (3) Governmental Sites for Regulation: 13 (No answer: 2)

Access to Regulation (4) Free of charge:12 With charge: 1 (No answer: 2)

Access to Regulation (5) Official Gazette on line: 12 Official Gazette not on line: 1 (No answer: 2)

Effective Structures and Culture of Better Regulation (1) Horizontal policy:12 of 13 No horizontal policy: 1 (No answer: 2)

Effective Structures and Culture of Better Regulation (2) Overall responsibility Prime Minister’s Office: 8 of 13 Line Ministries: 7 (No answer: 2)

Effective Structures and Culture of Better Regulation (3) Sectoral Policies on Better Regulation: 10 No Sectoral Policies on Better Regulation: 1 (No answer: 2)

Effective Structures and Culture of Better Regulation (4) Specific training provided: 13 (No answer: 2)

Effective Structures and Culture of Better Regulation (5) Specific guidelines/manuals Given : 9 Not given: 3 (No answer: 2)

Effective Structures and Culture of Better Regulation (6) Level of trainees All levels: 9 Senior level: 4 (No answer: 2)

Implementation of European Regulation (1) Responsible Service Ministry for Foreign Affairs: 4 Line Ministries: 8 Ad hoc Agency: 2 (No answer: 2)

Implementation of European Regulation (2) Method of Transposition Word for Word: 5 Elaboration: 6 (No answer:3)

Progress on the Implementation of Mandelkern Report Recommendations for the Commission (1) With the June 2002 Action Plan on Simplifying and Improving the Regulatory Environment the Commission integrated the vast majority of the Mandelkern report’s recommendations. The Action Plan covers a wide range of measures, including impact assessment,public consultation, simplification, better use of regulatory instruments and alternatives to regulation, improved transposition and application of Community law and promoting a new regulatory culture within the institutions.

Progress on the Implementation of Mandelkern Report Recommendations for the Commission (2) Regulatory Impact Assessment The Commission is progressively introducing, during 2003-2005, an integrated system for impact assessment for all major legislative and policy initiatives, to assess sustainability (economic, social and environmental impacts) of planned action.

Progress on the Implementation of Mandelkern Report Recommendations for the Commission (3) Public Consultation In its “White paper on European Governance” and in its “Action Plan on Simplifying and Improving the Regulatory Environment, the Commission recognized the importance of efficient, transparent and inclusive consultation of the public, stakeholders and other interested parties. These orientations were spelled out more concretely in the Commission’s December 2002 “general principles and minimum standards for public consultation”.

Progress on the Implementation of Mandelkern Report Recommendations for the Commission (4) Simplification In February 2003, the Commission adopted a Communication, setting out a framework for action on “up-dating and simplifying the Community acquis”. Two goals of the framework: a) to consolidate, codify and remove obsolete and outdated legislation, B) replace past approaches with better adapted regulatory instruments.

Progress on the Implementation of Mandelkern Report Recommendations for the Commission (5) Access to Regulation A major effort is underway to consolidate and codify the entire stock of existing secondary Community legislation (97.000 pages). The Commission estimates that the volume of Community legislation could be reduced by as much as 35.000 pages by 2005. For new legislation, an Inter-institutional Agreement on the Quality of Drafting aims to ensure that EU regulation is clear and comprehensible.

Effective Structures and Culture Progress on the Implementation of Mandelkern Report Recommendations for the Commission (6) Effective Structures and Culture of Better Regulation Within the Commission, better regulation priorities have been reflected in a series of organizational and procedural adaptations. These include reinforced inter-departmental coordination, a stronger role for the Secretariat General, and new procedures., facilitating the development and circulation of expertise and best practices on better regulation and their wider application.

Progress on the Implementation of Mandelkern Report Recommendations for the Commission (7) Implementation of EU legislation In its Action Plan, the Commission proposed enabling the electronic transmission of national notifications. A series of measures to strengthen prevention of infringements and to improve cooperation with Member States has been announced.