mexico: how we improve on public consultationmddb.apec.org/documents/2018/ec/ec...

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2018/SOM3/EC/CONF/009

Mexico: How We Improve on Public Consultation

Submitted by: Mexico

Conference on Good Regulatory Practices - Regulatory Reform the

Digital Age Port Moresby, Papua New Guinea

12-13 August 2013

Mexico: how we improveon public consultation

National Commission for Better Regulation

Miguel Eduardo García Valles

Coordinator for the Following of Implementation

of Better Regulation

Prologue: Who we are and what do we do

Better regulation in Mexico

CONAMER, is a decentralized administrative body of the Ministry of Economy,

mandated to promote the improvement of the Regulations and the simplification

of Procedures and Services, as well as the transparency in the elaboration and

implementation of the regulations, and that these generate benefits superior to

their costs and the maximum benefit for society (LGMR Art. 23)

• The generation of clear rules

• Effective institutions to create and apply those rules

• Simplification of procedures and services

Purpose of Better Regulation

Better Regulation Policy

An effective regulation is characterized as being:

Proportional for the problem to be solved;

Responsible;

Consistent;

Clear and transparent;

Well-focused;

The best alternative to address a public policy

problem, and

With benefits higher than its compliance costs

What is an effective regulation?

Stimulate investment, competitiveness

and economic competition resulting in

the promotion of development and

economic growth

RIA elements in Mexico

It is a tool to systematically analyzing the objectives and potential effects of

regulations and thus ensuring that their benefits are higher than the compliance costs

they impose. It justifies and socializes public policy decisions and offer citizens the

opportunity to participate in the regulatory process.

I. Problem definition and objectives

II. Alternatives (regulatory and non-regulatory)

III. Costs and benefits evaluation of the Regulatory Proposal, as well as

other impacts

IV. Analysis of the mechanisms and capacities for implementation,

verification and inspection

V. Identification and description of the mechanisms, methodologies and

monitoring indicators

VI. Public Consultation, as well as the opinions gather from the individuals

during the Regulatory Agenda Planning exerciseArt. 69 LGMR

RIA elements

It’s not a problem, it’s a taskthat need’s to be solved

Starting (almost) with the left foot

The Ministry of Health wants to publish a Project in the Official Gazzette about

alcoholic beverages.

The General Law of Health already stablished that every alcoholic beverage

will need to be printed in the label of the bottle the next warning advice:

One of the purposes of the Regulatory Proposal was that the labeling of

alcoholic bottles will need to be printed with the following two extra health

warning advices:

1

2

3

“Alcohol abuse is harmful to your health”

“Drink in moderation”

“You must be 18 years or older to purchase

or consume alcohol”

Thinking like the other one

Two main challenges not analyzed…

Too much information

Directly Silk Screened

printed bottles

Prelude: First steps in thisrelationship

The beginning

Agreement on

Deregulation of

Business Activity

1996

Economic

Deregulation

Unit

1989

2000

Creation of

COFEMER

About the public consultation

The Federal Law on Administrative Procedure includes the obligation of the Federal

Commission of Better Regulation, where you can find:

69-E: “…will promote transparency in the development and

implementation of the regulations…”

69-F: “…be liaison among the public, social and private sector in

order to seek the opinions of above mentioned sectors in relation to

regulative improvement…”

69-K: “…shall make public, since it receives them, the draft

regulations and the regulatory impact assessment”

Working and learning

Dealing with the implications

The path we follow

Technology with legal basis

The Commission will make public, since the moment it receives, the

draft laws and regulatory impact assessments, as well as the opinions

which it issues and the authorizations and exceptions. 30 working days

before the rule intends to be issued.

Federal Law of Administrative Procedure

The maximum deadlines for the Commission to issue a resolution are:

• 30 working days for a High Impact regulatory proposal

• 10 working days for a Moderate Impact regulatory proposal

• 5 working days for regulatory proposals with no compliance cost

RIA Manual

COFEMERSIMIR

www.cofemersimir.gob.mx

Who?

Business chambers

Entrepreneurs

Citizens

Universities

Research Centers

Federal Government

Agencies

Civil partnerships

COFEMERSIMIR

MOST COMMENTED

REGULATIONS

MOST CONSULTED AGENCIES RECENT OPINIONS ISSUED

Search Tool

Regulatory Proposal Electronic File

Button for

sending

comments:

Electronic file of the regulatory proposal

Regulation name

File code

Agency

Reception date

Website

publication date

Publication date

in official gazzette

Documents of this file

Type of document Reception date Sender name Reference code

• E-mail

• Written documents

• CONAMER’s

Platform

• RIA

• Regulation proposal

• CONAMER’s

resolutions

• Link to Official

Gazzete

Public Consultation Forums

In 2017 we made five Regional Forums in northeast, northwest, west,

center, and south.

After consultation, there are agreements

Long time coming

DOCUMENTS DATE FEEDBACKS

Moderate Impact RIA February 2 / 2013

Public input February 13 /2013 1

Corrections and Extensions (C&E) February 22 / 2013

Public input February 13 - May 25 / 2013 9

Answer for C&E May 31 / 2013

Public input June 11-16 / 2013 3

Preliminary Opinion (PO) June 14 / 2013

Public input June 17 – July 11 / 2013 4

Answer to PO February 24 / 2014

New version February 25 / 2014

New version March 4 / 2014

Public input March 10 / 2014 1

Final Opinion (FO) March 11 / 2014

Public input March 13 – October 14 / 2014 13

New versión October 30 / 2014

Public input November 5 / 2014 1

Final Opinion (FO) November 11 / 2014

Public input November 26 – December 2 / 2014 4

Official Gazzette March 22 / 2015

Total public inputs received 36

Back to the future

The new era

2017

Constitutional

Reform on

Better

Regulation

2018

March 8 Approval of

the General Law of

Better Regulation (LGMR) in the

Chamber of Deputies

April 26 Approval of

the LGMR in the

Senate

2018

May 18

Mexico’s

President Enacted

the LGMR

Creation of the

CONAMER

Evolving

The Public Consultation (art. 73 LGMR)

• The Better Regulation Authorities will publish, as soon as they are

received, the Regulatory Proposals and its RIA, the opinions issued by

CONAMER and the answers to these ones made by regulators, the

authorizations and exemptions provided and all the opinions and

comments made by stakeholders during the public consultation

process

• The minimum public consultation period for Regulatory Proposals will be20 days.

Regulatory Agenda (art. 64 LGMR)

• The Regulatory Authorities must show their incoming regulations of thenext 6 months.

• Is a registry of all of regulations that Regulatory Authorities want to issue.

Better Regulation Procedure

The Regulatory Authorities send their drafts

to CONAMER, together with a RIA (or ask for

exemption) and must indicate the

regulatory obligations or acts to be

eliminated in an equal amount of the

proposals cost

RIA and draft

CONAMER starts the

review and analysis of

both the draft and the RIA

CONAMER may request

Corrections and

Extensions (C&E) to the

RIA

RIA and drafts are made

public since the moment they

are received. Also, comments

from the public are received

and made public on the

website.

10

working

days

The regulator provides a

response to the C&E

No term to

provide a

response

START of the

review process

C&E

If the RIA is still unsatisfactory,

CONAMER may request the

participation of an external expert

CONAMER reviews the

response and provides

with a

Preliminary Opinion (PO)

The regulator must provide

a response to the PO, if the

regulators don’t the process

is cancelled

CONAMER analyzes the

response to the

Preliminary Opinion and

considers comments from

individuals

5 Working

days

CONAMER issues a Final

Opinion (FO)

The Regulator may publish

the regulation on the Official

Gazette

FO

Public

Consultation

Starts, by Law

20 days

minimum

End of Public

Consultation

END of the

Review Process

CONAMER have

5 working days

to determine if

the RIA is

exempted

20

Working

days

45 Working

days

RegulatoryAgenda1

BetterRegulationProgram

3

Developing new idea’s

Regulatory

Agenda

Regulatory Impact Analysys

Better Regulation

Programs

The time is on my side

Three final thoughts

Learn from the past1

2

3

Legal basis to apply technology

Systematization and digitalization

are not the only answers

The End

“Life can only be understood

backwards; but it must be

live forwards”

Soren Kierkegaard