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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
• 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