Setting up the RIA
System in Turkey
Better Regulation Group
İstanbul, OECD November 20, 2007
Content
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Studies paved the way for RIA in Turkey
Internal Efforts for implementation of RIA
Legal Framework
The Way Forward
Studies for RIA
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OECD Review of Regulatory Reform
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Conducted in 2001 addressing pillars of
regulatory system and policy making in Turkey.
Provided an elaborate analysis of regulatory
apparatus in the government.
Dwelled particularly on regulatory quality and
regulatory agencies.
While confirming positive aspects, the
assessment provided a list of recommendations
including gradual implementation of RIA.
Studies for RIA (cont’d)
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OECD Review of Regulatory Reform
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Recomm—Regulatory Quality (5)
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“Improve the quality of new regulations by
implementing across the administration a step-by-step
programme for regulatory impact assessment, based
on OECD best practice recommendations, for all new
and revised regulations.”
The Report has evidently been taken into
account in streamlining further regulatory
reform efforts.
Studies for RIA (cont’d)
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Technical Assistance by REG and SIGMA
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Training seminars to interdisciplinary participants
on how to better develop and coordinate RIA
policies.
General Legal Administrative Framework
Assessment, 2006.
Peer collaboration on RIA implementation—under
consideration.
Studies for RIA (cont’d)
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Various EU Reports have highlighted the importance
of RIA.
2006 Progress Report:
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“Turkey has made some progress regarding better regulation.
The government adopted a Regulation in February 2006 which
introduces regulatory impact assessments (RIA) into the Turkish
legal system. The use of RIA should, amongst other things,
support Turkey in the conduct of EU accession negotiations. (…)
The institutional capacity for conducting regulatory impact
assessment needs to be reinforced.”
Studies for RIA (cont’d)
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2007 Progress Report:
“Turkey
has made some progress on better regulation: The
government issued a circular in April 2007 on the implementation of the
Regulatory Impact Assessment (RIA), and RIA guidelines were adopted
to enhance the quality of regulations.Concerning the reduction of red
tape and administrative burden, in November 2006 "one-stop" offices
were established within governorates and district governorates to
lessen the administrative burden on citizens requesting certain public
services. Moreover, as part of a simplification drive, 1,085 outdated
government circulars were cancelled in January 2007. The userfriendliness of e-government applications was markedly improved.”
Content
1. Studies paved the way for RIA in Turkey
2. Internal Efforts for implementation of
RIA
3. Legal Framework
4. The Way Forward
Internal Efforts for RIA
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Urgent Action Plan
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58th Government’s Program on prioritized reform
areas.
Indicates importance of regulatory governance.
Suggests improving regulatory framework,
enhancing simplification, and reducing red-tape.
The subsequent governments have also provided
political support to regulatory governance
programme.
Internal Efforts for RIA
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Better Regulation Group
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Simplification
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Formed in February 2005 involving a number of experts at
the Prime Minister’s Office
Complete list of laws, decree-laws, regulations and by-laws
have been overhauled and codified. Significant part of
them have been repealed or consolidated.
Reducing Red-tape
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A series of projects have been conducted and coordinated
by PMO
Administrative burdens on business and direct investments
have been substantially lifted.
Internal Efforts for RIA (cont’d)
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Law on Basic Principles of Public
Administration
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Includes an article on RIA application:
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“Article 5/c: A regulatory impact assessment shall be
conducted both for draft legislations and for proposals
creating a new public department.”
The Law was adopted by the Parliament on July
15, 2004, however, was vetoed by the President
for various reasons other than RIA. It is still
pending at the Parliament.
Internal Efforts for RIA (cont’d)
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By-Law on Principles and Procedures of Drafting
Legislation
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Issued as a Council of Ministers’ Decree on February 17,
2006—replaced the previous 1992 Principles.
Defines procedures and processes in drafting legislations
i.e. laws, decree-laws, by-laws and regulations.
Also includes provisions on RIA application.
An appendix is attached to the By-Law clarifying the criteria
when performing RIA.
Provisions related to RIA came into effect one year onward,
February 17, 2007.
Internal Efforts for RIA (cont’d)
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Prime Ministerial Circular on RIA, 2007/6
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Issued on April 3, 2007 in the Official Gazette.
In the form of guidelines.
Describes actors, roles, responsibilities and
processes.
Reaffirms the role of Better Regulation Group in
the RIA implementation.
Internal Efforts for RIA (cont’d)
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Framework Contract
“Introducing Regulatory Impact Assessment
into the Turkish Legal Framework”
Fully-funded
by the European Commission.
Total cost is around € 199.000.
Contracted out to an international consultant.
Pilot project on public laboratories.
An inter-ministerial working group assembled.
Started in September 2006 and finalized in
February 2007.
Content
1.
2.
3.
4.
Studies paved the way for RIA in Turkey
Internal Efforts for implementation of RIA
Legal Framework
The Way Forward
Legal Framework (cont’d)
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By-Law on Principles and Procedures of Drafting
Legislation
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Draft laws and decree-laws whose effect is estimated to
exceed 10 million TRY ($8m) are subject to RIA.
The Prime Ministry has the power to request
implementation of RIA regardless of estimated impact or
type of legislation.
Draft legislation related to national security and budget is
excluded from RIA policy.
RIA is carried out by the proposing ministry or public
agency.
Legal Framework (cont’d)
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By-Law on Principles and Procedures of
Drafting Legislation
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RIA should include:
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Raison d'être for drafting legislation and type.
Benefit-cost analysis, cost-effectiveness analysis (impact
on budget).
Assessment of necessity for creating a new agency and
cadres (if—).
Analysis of impact on economy, business, social life,
environment, red-tape and administrative procedures
Participation and consultation.
Feasibility of the proposed legislation, etc.
Legal Framework (cont’d)
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Prime Ministerial Circular on RIA, 2007/6
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Public agencies should assign a unit which would be
responsible for developing administrative capacity,
assuring quality and coordinating with the PM BRG in RIA
implementation.
RIAs should be in line with the Guideline appended to the
Circular.
Partial RIA whose value is under 10 m TRY and Full RIA
above 10 m TRY.
Partial RIAs are not subject to impact analysis phase.
Draft RIAs are submitted to BRG for quality assurance. The
RIAs which have passed the quality test are finalized by
the relevant agency in line with the Guideline.
Legal Framework (cont’d)
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RIA Guideline is aligned with the EC Impact
Assessment Guidelines, SEC (2005)791
Guidelines define key analytical steps of RIA:
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What is the problem?
What are the objectives?
What are the policy options?
What are the likely economic, social and environmental
impacts?
How do the options compare?
How do the consultation and participation take place?
Implementation, monitoring and evaluation
Template RIA report is also provided.
Content
1.
2.
3.
4.
Studies paved the way for RIA in Turkey
Internal Efforts for implementation of RIA
Legal Framework
The Way Forward
The Way Forward
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BRG plays a central role in reinforcing RIA across the government.
Public agencies have a higher perception towards RIA in drafting
legislation.
Negotiations with EU is a key factor in pushing the RIA process
forward.
Public awareness is increasing, NGOs are actively involved
Yet, administrative capacity is crucial and needs to be strengthened
at line ministries.
A new EC project worth €1 million is to be undertaken in order to
improve capacity and enhance know-how on RIA.