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Regulatory Impact Assessment. and the execution of 1972/2003/EC. What is it all about?. Primary goal: to protect the common market from instability at the moment of the accession.
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Regulatory Impact Assessment and the execution of 1972/2003/EC
What is it all about? • Primary goal: to protect the common market from instability at the moment of the accession. • Secondary goal: Prevent fraud by companies who would like to get extra profit by tricking the Commission on export refunds.
What is fraudulent behaviour? • To get and export refund, take goods from the Community of 15 to a new Member State and after the accession, as the goods are in the EU again, get an other export refund and bring the goods abroad again. • To make stocks from certain products, that have lower duty rates in a new Member State, and after the accession bring it into the Community of 15.
What do you have to do (as a new member state)? • You have to force the companies in your country to make a report on stocks of certain products on the 1st May 2004. • If a company created stocks of a certain product, you must apply a special duty to prevent it from re-export. • Warn your companies in tome that such a behaviour is against the community law.
Problems and RIA as problem solving • You must warn your companies, but also make sure, that you only prevent fraudulent behaviour, and not normal business behaviour. • You must apply community law before accessing to the EU (this – at least in Hungary has problems, as it is against the constitution).
Problems and RIA as problem solving • The stocks must be measured on the 1st of May, which is a holiday, and in Hungary you MUST NOT work. This is a very strict rule. • The stock must be measured by amount, but in Hungary, stocks are normally measured by value, so you must count it manually.
Problems and RIA as problem solving • There were goods that had to be measured and which are not stocked normally in Hungary, like garlic.
So we had to use RIA to: • Find a way to make it possible to measure the stocks of 1st May on an other day. • Find a reasonable way to measure the stocks in a new way. • Find a « normal stock » for products to be able to say what is « more than normal ». • And to do this in 10 workdays!