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USE OF REGULATORY IMPACT ANALYSIS IN THE EU NEGOTIATIONS

USE OF REGULATORY IMPACT ANALYSIS IN THE EU NEGOTIATIONS. 1. EXISTING STATUS IN THE NEGOTIATION PROCESS. 2.THE ADVANTAGES OF IMPLEMENTING RIA DURING EU NEGOTIATIONS. a. EU Financial and Technical Assistance Programmes. b. Preparing Status Documents and Demanding Transition Periods.

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USE OF REGULATORY IMPACT ANALYSIS IN THE EU NEGOTIATIONS

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  1. USE OF REGULATORY IMPACT ANALYSIS IN THEEU NEGOTIATIONS

  2. 1. EXISTING STATUS IN THE NEGOTIATION PROCESS 2.THE ADVANTAGES OF IMPLEMENTING RIA DURING EU NEGOTIATIONS a. EU Financial and Technical Assistance Programmes b. Preparing Status Documents and Demanding Transition Periods c. Prioritizing and Dating the Legislative Alignment d. Prioritizing the Cost 3. THE DIFFERENCES OF IMPLEMENTING DEA DURING EU NEGOTIATIONS 4. RECOMMENDATIONS

  3. EXISTING STATUS IN NEGOTIATION PROCESS

  4. EXISTING STATUS IN NEGOTIATION PROCESS

  5. EXISTING STATUS IN NEGOTIATION PROCESS

  6. EXISTING STATUS IN NEGOTIATION PROCESS CLOSING CRITERIA that may require carrying out RIA

  7. EXISTING STATUS IN NEGOTIATION PROCESS OPENING CRITERIA that may require carrying out RIA

  8. THE ADVANTAGES OF IMPLEMENTING RIA DURING EU NEGOTIATIONS 1) EU Financial and Technical Assistance Programmes • Pre-Accession Financial Coopration Assistance Instrument (IPA) • Support for European Integration Programme (SEI) • Twinning Ex: Capacity Building of Turkey on Strengthening the Water Quality Monitoring Project Integrated Administration and Control System (IACS) and Land Parcel Identification System (LPIS) in Turkey Tagging and Vaccination of Sheep and Goats

  9. THE ADVANTAGES OF IMPLEMENTING RIA DURING EU NEGOTIATIONS 2) Preparing Status Documents and Demanding Transition Periods Ex: Free Movement of Capital (12 December 2008) A 12-year transition period to be revised every four years is demanded for the issue of foreigners owning immovable properties. • The Reaction of the European Commission: • How is “immovable” defined in your law texts? • What is the basis for technical, economic and social justifications involved in status document? • What is the reason for the demand for 12-year transition period? Why is revision needed every four years?

  10. THE ADVANTAGES OF IMPLEMENTING RIA DURING EU NEGOTIATIONS 2) Preparing Status Documents and Demanding Transition Periods Ex: Law on Intellectual Property (12 June 2008) Human Medications and Plant Protection Products>Additional Protection Certificates Ex: Free Movement of Goods Preparing an action plan related to lifting of import permits oriented to motor vehicles Ex: Environment Integrated Pollution prevention and control Waste water treatment plants Volatile organic substance emissions resulting from fuel oil storage and distribution systems Ex: Food Safety, Veterinary and Phytosanitary Red meat, poultry meat, fishery enterprises and enterprises processing milk and dairy products

  11. THE ADVANTAGES OF IMPLEMENTING RIA DURING EU NEGOTIATIONS 3) Prioritizing and Dating the Legislative Alignment short+ mid term primary+ secondary arrangement 422 short+ mid term Legal arrangement 127 short+ mid term Secondary arrangement 295 Short term Legal arrangement 94

  12. THE ADVANTAGES OF IMPLEMENTING RIA DURING EU NEGOTIATIONS 3) Prioritizing and Dating the Legislative Alignment Sub Priority 27.3.7 Nature Protection and Genetically Modified Organisms 1 Legislative Alignment Calender Table 27.3.7.1

  13. THE ADVANTAGES OF IMPLEMENTING RIA DURING EU NEGOTIATIONS 3) Prioritizing and Dating the Legislative Alignment Primary arrangements that may require carrying out RIA when possible economic, social and environmental impacts are considered.

  14. THE ADVANTAGES OF IMPLEMENTING RIA DURING EU NEGOTIATIONS 3) Prioritizing and Dating the Legislative Alignment Primary arrangements that may require carrying out RIA when possible economic, social and environmental impacts are considered.

  15. THE ADVANTAGES OF IMPLEMENTING RIA DURING EU NEGOTIATIONS 4) Prioritizing Costs The costs of Arrangements on State Budget Cost of Arrangements to the Business World Cost of Arrangements to Consumers (Public) The total cost of the acquis to be aligned with to state budget SMES’s problems to finance the costs that will result from the new arrangements in short term period Direct costs of arrangements to consumers or transfer costs Impact of financial burden on budget figures in short and mid terms Financial resources EU may provide

  16. THE ADVANTAGES OF IMPLEMENTING RIA DURING EU NEGOTIATIONS 4) Prioritizing Costs

  17. DIFFERENCES OF IMPLEMENTING RIA DURING EU NEGOTIATIONS TIME LIMIT– THE OBLIGATION OF TRANSPOSING THE EU ACQUIS LAWS INTO DOMESTIC LAW

  18. RECOMMENDATIONS • National RIA guideline should be in line with EU RIA guideline. • All the institutions implementing RIA should prepare RIA report in line with the same principles • Reviewing RIA’s implemented by other candidate countries and new member countries in similar situations • Paying attention to principle of Proportionality • Prioritizing> RIA or Pre-RIA • Monitoring the implementation of arrangements aligned, changing the way of implementation if necessary (second best alternative)

  19. Devrim KODAKCI dkodakci@abgs.gov.tr 218 14 14 THANK YOU…

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