Actalthe Dutch advisory board on reducing regulatory burden

Rudy van Zijp, director ActalApril 11, 2013

ADVANCING SMART REGULATION, Vilnius

Overview

1. Dutch Approach

2. Actal 1 and Actal 2

3. The EU

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Key elements Dutch approach

• Common methodology

• Net reduction targets

• External, independent advisory board (Actal)

• Target groups Businesses Citizens Professionals Local and regional authorities (as source of reg. burden) Inspection agencies (as source of reg. burden)

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Actal as advisory board

• External (not part of government, run by a

board)

• Independent (established by decree)

• Embedded in regulatory process

• Advise government and Parliament

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Actal: the organisation

• Established: May 1, 2000

• Board: 3 members

• Staff: 12 members

• Budget: € 2 mln.

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Mandate Actal

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Ex ante ABbusinesses

+ Ex post AB businesses

+ Ex post AB citizens

+ Ex ante AB citizens

+ Ex postregulatory burden (strategic advice)

2000 2004 2005 2008 20112011

Ex-ante & ex-post regulatory burdens

Ex-ante & ex-post regulatory burdens

Actal 1Checking the numbers

Actal 2Reducing regulatory burden

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Actal 1 (2000 – 2011)

The purpose of Actal was to create a regulatory culture where the effects on regulatory burdens were systematically taken into account through:

•Ex ante scrutiny of planned legislation: each year some 200+ opinions

•Strategic advices: 10 per year (including advice on progress reports national government)

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Ex ante scrutiny Actal 1:

Proposed legislation was assessed on the following questions:

1. Are the admin burdens quantified?

2. Are alternative options identified?

3. Has the least burdensome option been chosen?

4. Are implementation and supervision as simple as possible?

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Scrutiny process: an overview

Planned legislation

planned legislationadapted

Council of Ministers Parliament

Advice ACTALInput from stakeholders

Regulatory process

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Ex ante scrutiny: 4 dictums

1. Fit for purpose (YES)

2. Fit for purpose after Actals advice has been taken into account (YES AFTER)

3. Not fit for purpose unless Actals advice has been taken into account (NO UNLESS)

4. Not fit for purpose (NO)

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Actal 1

• Focus on proposed legislation

• Checking the numbers

• Strong interaction with ministries

• Ex ante scrutiny of 200+ proposals

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Actal 2 (2011 – onwards)The purpose of Actal is to contribute to the reduction of regulatory costs for businesses, citizens and professionals through:

•Ex-ante scrutiny of legislative proposals with considerable impact (euro’s, hours, annoyance).

•Regulatory Burden Audit (systemic approach)

•Strategic advice on signals from society (incl. sector scans)

•Advice on Progress report by the government

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Ex ante scrutiny Actal 2

1. Zero Option What goes wrong without the policy under consideration

(i.e. if the Zero Option is adopted)?

2. Less burdensome alternatives Have the effects on regulatory burden been calculated

correctly?

Has the least burdensome alternative been adopted? If not, why not?

3. Policy, implementation and inspection Have the effects of implementation and inspection been

taken into account?

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Strategic advice• On specific legislation

From perspective of target group Sector scans

• On policy instruments ICT Common commencement dates (CCM) Self-regulation and certification

• On burden reduction programme Progress reports Net reduction targets Perception

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Actal 2

• Focus on perception (signals, sector scans,

change of mission)

• Checking the numbers and coming with

concrete proposals to reduce regulatory costs

• Stronger interaction with society

• Audit role on systemic approach of government

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The EU

Burden:

50% of the regulatory costs for Dutch businesses stems from EU legislation and implementation. The EU level can therefore not be ignored.

Target of Actal:

More ambitious EU approach to tackle regulatory costs and to achieve a lighter implementation of EU legislation in the Netherlands where possible.

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EU network of advisory boards• Five advisory boards on regulatory burden, • Cooperation by sharing experiences, seeking

synergy, working together vis-à-vis EU proposals (joint papers, early warning system).

• Members:– NL: Advisory Board on Regulatory Burden (Actal, 2000)– Germany: Nationaler Normenkontrollrat (NKR, 2006)– Sweden: Regelrådet (2008)– UK: Regulatory Policy Committee (RPC, 2009)– Czech Republic: Regulatory Impact Assessment Board (RIAB, 2012)– …….?

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Contact information

Actal

P.O. Box 16228

2500 BE The Hague

The Netherlands

tel: +31-(0)70-3108666

e-mail: info@actal.nl

Internet: www.actal.nl

@Actal_info