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Regulatory Impact Assessment (RIA) Federal Regulatory Improvement Commission (COFEMER), MEXICO

Regulatory Impact Assessment (RIA) Federal Regulatory Improvement Commission (COFEMER), MEXICO Good Governance for Development in Arab Countries Initiative: Working Group IV Tunis, Tunisia. February, 2007.

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Regulatory Impact Assessment (RIA) Federal Regulatory Improvement Commission (COFEMER), MEXICO

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  1. Regulatory Impact Assessment (RIA) Federal Regulatory Improvement Commission (COFEMER), MEXICO Good Governance for Development in Arab Countries Initiative: Working Group IV Tunis, Tunisia. February, 2007

  2. The Regulatory Impact Assessmentis the public tool that helps making Government decisions and regulatory instruments more transparent and rational. RIA is an ex-ante analysis which facilitates knowing what effects, in terms of expected costs and benefits, a regulation will create when implemented. It also helps to analyze regulatory alternatives to the original project of the regulator. ¿What is the RIA?

  3. In Mexico and many other countries with RIA, public consultation is a key element of the RIA process. All interested parties and individuals are welcomed to express their points of view regarding the proposed regulation project. This helps to enrich the discussion of the project and provides more information to the regulator. Public consultation and RIA

  4. In our country, RIA was introduced in year 2000, through a reform to the Federal Administrative Procedures Law. COFEMER (Federal Regulatory Improvement Commission) was also created with this reform. With the new legal framework, all federal ministries and agencies are obliged to send their draft regulatory instruments and their respective RIA to COFEMER, in order to obtain the latter’s opinion. No regulatory instrument might be published in the Official Gazette, and therefore enter into force, without obtaining firstly COFEMER’s opinion. RIA in Mexico

  5. Once that COFEMER receives a draft regulatory instrument from a regulator (i.e. a federal ministry or agency), such a document is immediately shown in COFEMER’s Internet site, thus allowing the start of public consultation. Comments might be sent by interested parties through e-mail, fax, letter, etc. without any rigidity on the format. For the elaboration of its opinions, COFEMER is obliged by a legal provision to take into account all comments received in the public consultation. RIA in Mexico

  6. Objectives of the proposal. Situation to be solved by the proposal. Cost-Benefit Analysis. Risk Analysis. Expected effects of the proposal: on market competition; on domestic and international trade; on consumers; on small and medium businesses. Legal background. Regulatory alternatives. Description of the specific regulatory actions included in the proposal. RIA contents

  7. Resources needed for the implementation. Enforcement schemes and sanctions included in the proposal and resources needed thereto. International experience. Public Consultation. Formalities created, simplified or eliminated. Bibliography. RIA contents

  8. No COFEMER asks for clarifications and corrections to the regulator 10 days Is RIA satisfactory? Regulator sends proposal and RIA to COFEMER Yes 30 days (public consultation) COFEMER issues Preliminary Opinion Regulator might publish regulation in the Official Gazette for its entry into force Regulator sends response to Preliminary Opinion COFEMER issues Final Opinion 5 days Administrative steps to issue regulation in Mexico

  9. RIA has to be seen as a means to prepare draft regulation, not as paperwork to be prepared after such a draft is completed. Work has to be done inside Government to create a new culture and convince public servants of RIA’s usefulness. RIA preparation has to be assigned to qualified personnel. Training workshops and courses are paramount on this regard. Communicate with effectiveness the benefits and utility of the RIA (i.e. as a decision making instrument for public policies). Involve all stakeholders in the public consultation phase of RIA, in order to gather as much information and points of view as possible. Elements for a successful RIA

  10. Under globalization, a good macroeconomic performance is a necessary but not a sufficient condition to define countries’ attractiveness. Foreign or domestic investments need incentives to arrive, stay and develop enterprises and, at the end of the day, create better jobs. Good regulation is a key element to create a good climate for doing business. RIA is a tool to prepare good regulation. A final thought on RIA: Regulation for competitiveness

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