Diapositive 1

1
Reducing Administrative Burdens Current situation
in France
Charles-Henri Montin Chef du département Qualité
Réglementaire Ministère des finances,
France charles-henri.montin_at_finances.gouv.fr http
//regplus.free.fr
The following slides must not be quoted
litterally without the supporting explanations
2
The Better Regulation approach
BETTER REGULATION Increased relevance Options
alternatives Impact assessment Consultation Increa
sed efficiency Measured burdens Monitoring of
implem. No loss of intrinsic quality

• GOOD REGULATION
• Good process
• Formally clear and legally consistent
• Regulatory mangt
• Codification
• Intrinsic quality
• Legistics

POLICIES STRUCTURES TOOLS CAPACITIES
3
The components of regulatory quality

• Summary of the Mandelkern report, 2001 (the 3
  As)
• An appropriate regulation
• Check alternatives to regulation
• Permanent search for simplification
• An accepted regulation
• An early consultation of stakeholders
• A good access to regulation
• An applied regulation
• Assess effects ex ante and ex post
• Monitor implementation closely

4
OECD Guidance

• Basic text the 7 recommandations of 1997
• BR is increasingly linked to openness of markets
  and competition, hence a new drafting ot the
  principles for regulatory performance (March
  2005).
• Eliminate excess regulation
• Create an environment which is favorable to
  competition and growth, promote a culture of
  competitivity, suppress obstacles to openness of
  markets, manage the regulations (by
  simplification, evalutation, implementation)

5
Tools of Better Regulation
Alternatives
Consultation
FLOW
RIA
The Economy
The Administration
Stakeholders
STOCK
ABM
Access
Simplification
6
Evolution of Better Regulation (France)

• 3 phases
• 1995 - 1998 adoption de two circulars on
  objectives and procedure for impact assessments
• 2001-2003 Following OECD review, the search for
  an integrated approach
• Mandelkern report and 2003 circulars
• réseau des HFQR / ministeriel charts
• 2003-2007 Progress towards comprehensive policy.
• Since 2003 annual simplification laws (stock)
• 2004-2007 administrative burden measurement
  reduction
• 2006 Impact assessment review, new committees
  working rules

7
Structures and policies (France)

• Who does what ?
• The Secretary General of the Government
• The ministry of reform of the State
• The network of Senior Officials in charge of BR
• What BR content?
• The Policy document (2003 circulars)
• A BR Charter in each ministry
• Good central monitoring of norm production
• No overall consultation policy document
• Little RIA practice

8
The ABM programme in France (overview)

• Programme started in Autumn 2004. Measurement of
  112 permit schemes (burden on businesses)
• 2005 burdens on citizens (30 permits)
• 2006 SCM focus on IOs with two improvements
• Cost of the procedures for the administrations
• Cost of delays for the businesses
• 2006 Start of re-engineering 20 target (Oct.)
  6 burden reduction plans (by ministries) for 30
  from the 112 permits
• 2007 200 IOs measured 50 re-engineered

9
Key features of the 2007 operation

• Scope 216 IOs pertaining to 5 economic sectors
  Agriculture, Construction, Distribution of
  Pharmaceuticals, Plastics industry and Transport
• Involvement of 4 pilot départements for
  implementation cost of IOs (inside admins.)
• Measurement is immediately followed by
  re-engineering to reduce the total cost by 20
  (Government objective)
• 4. Mapping and new wave (July)

10
Technicalities

• What data was collected (and how)
• Detailed description of IO,
• Identification of the relevant regulations, their
  level
• annual volumetry, and segmentation into target
  businesses
• Origin of data interviews with businesses 3 to
  14 companies per obligation/segment, 1 to 4
  administrative admin services
• Involvement of professionnal organisations at all
  stages (identification of obligations, validation
  of data collected, suggestions for burden
  reduction).

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Distribution of total cost (2.1bn)
Distribution of costs (216 OI)
Costs on
administrations
15
Costs on businesses
1 812 893 008
85
12
The cost of delays, a source of irritation for
businesses
Distribution of the 216 according to delay
situation
How well does the administration respect annouced
delays
40
53

• More than half (63) the IOs bring about a
  delay, requiring business to wait for a decision
• In these cases, according to the companies , the
  administration gives an estimate of how long the
  wait will be in roughly 2/3 of cases.
• On average, for IOs where delays were considered
  critical by the companies, the average delay
  annouced was 78 days, and the observed delay 102
  days. Published delays are respected in 51 of
  cases.
• gt Announced and observed delays are an important
  component of re-engineering, cost reductions can
  often be obtained by reducting delays.

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The 5 stages of re-engineering
mar06
avr06
mai06
jui06
juil07
aoû07
sept07
I Selection of obligations
II Préparationof tools to evaluation options
III Workshops to identify reduction options
and evaluatepotential savings
IV Workshops to identify the reduction measures
and assess implementation costs
VI Restitution
V Workshops to finalise implementation calendars
and validate plans
Project management
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Project management

• Central unit 4 staff at ministère réforme de
  lEtat
• Consulting company chosen by tender (co-located)
• One correspondent in each ministry networking,
  emulation
• Official identified for each IO, who must deliver
  expertise on the procedure and volumetry

15
Further reading on BR in France and Europe

• http//regplus.free.fr
• www.administrative-burdens.com
• OECD reports on France (2003) and Spain (2000)
  http//www.oecd.org/dataoecd/42/9/32495607.pdf
• Conseil dEtat report  sécurité juridique et
  complexité du droit  (20 March 2006)
  http//www.conseil-etat.fr/ce/rappor/index_ra_li06
  00.shtml
• Guide de légistique http//www.legifrance.gouv.fr
  /html/Guide_legistique/accueil_guide_leg.htm
• C. Bergeal Rédiger un texte normatif
  (Berger-Levrault 2004)
• M. Suel Essais sur la codification à droit
  constant (J.O. 1999)