use of regulatory impact analysis in the eu negotiations
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USE OF REGULATORY IMPACT USE OF REGULATORY IMPACT ANALYSIS IN ANALYSIS IN THE THE EU EU
NEGOTIATIONSNEGOTIATIONS
4. RECOMMENDATIONS4. RECOMMENDATIONS
2.THE ADVANTAGES OF IMPLEMENTING RIA DURING EU 2.THE ADVANTAGES OF IMPLEMENTING RIA DURING EU NEGOTIATIONSNEGOTIATIONS
1. EXISTING STATUS IN THE NEGOTIATION PROCESS1. EXISTING STATUS IN THE NEGOTIATION PROCESS
a. EU Financial and Technical Assistance Programmes a. EU Financial and Technical Assistance Programmes
b. Preparing Status Documents and Demanding Transition b. Preparing Status Documents and Demanding Transition PeriodsPeriods
c. Prioritizing and Dating the Legislative Alignmentc. Prioritizing and Dating the Legislative Alignment
d. Prioritizing the Costd. Prioritizing the Cost
3. THE DIFFERENCES OF IMPLEMENTING DEA DURING EU 3. THE DIFFERENCES OF IMPLEMENTING DEA DURING EU NEGOTIATIONSNEGOTIATIONS
EXISTING STATUS IN NEGOTIATION PROCESSEXISTING STATUS IN NEGOTIATION PROCESS
Chapters Opened and Temporarily Closed
Chapters we were invited to deliver
Negotiation Status and we submitted
Negotiation Status
Chapters approved in Council and whose opening criteria
stated
Chapters whose EndDraft Review Reports have not yet been submitted to Turkey
Chapters still being discussed in Council
Chapters still being discussed in Commission
25th Science and Research(Austria: 12 June2006)
17. Economic and Monetary Policy(MPB: 9 March 2007)
26. Education and Culture(MPB: 25 May 2006)
1. Free Movement of Goods (Cyprus opening criterion)
3. Right of Establisment and Freedom to Provide Services (Cyprus Opening Criterion)
5. Public Procurement
8. Competition Policy
9. Financial Services (Cyprus opening criterion)
11. Agriculture and Rural Development (Cyprus Opening Criterion)
12.Food Safety, Veterinary and Phytosanitary
16. Taxation
19. Social Policy and Employment
27. Environment
29. Customs Union (Cyprus Opening Criterion)
2. Free movement of Laborers
13. Fisheries
14. Transportation Policy (Cyprus opening criterion)
15. Energy
22. Regional Policy and Coordination of Structural Tools
23. Judiciary and Fundamental Rights
24. Justice, Freedom and Security
33. Financial and Budgetary Provisions
30. Foreign Relations (Cyprus Opening Criterion)
31. Foreign, Security and Defence Policy
Açılan Fasıllar4. Free Movement of Capital(France: 18 December 2008)
6. Corporate Law(Slovenia: 12 June 2008
7. Law on Intellectual Property(Slovenia: 12 June2008
10. Information Society and Media (France: 18 December 2008)
18. Statistics (Germany: 26 June 2007)
20. Enterprise and Industrial Policy (Germany: 28 February 2007)
21. Trans – European Networks (Portugal: 19 December 2007)
28.Protection of Consumer and Consumer Health (Portugal: 19 December 2007)
32.Financial Control (Germany: 26 June2007)
EXISTING STATUS IN NEGOTIATION PROCESSEXISTING STATUS IN NEGOTIATION PROCESS
OVERRVIEW OF CLOSING CRITERIA
Chapter Name Number of Closing Criteria
Science and Research - + 1
Enterprise and Industrial Policies 1 + 1
Financial Control 6 + 1
Statistics 2 + 1
Protection of Consumer and Consumer Health 5 + 1
Trans – European Networks 1 + 1
Free Movement of Capital 4 + 1
Law on Intellectual Property 4 + 1
Corporate Law 5 + 1
Information Society and Media 4 + 1
Number of Closing Criteria in total 32 + 10
EXISTING STATUS IN NEGOTIATION PROCESSEXISTING STATUS IN NEGOTIATION PROCESS
OVERVIEW OF OPENING CRITERIA
Chapter Name Number of Opening Criteria
Free movement of Goods - + 1
Right of Establishment and Freedom to Provide Services - + 1
Public Procurement 3
Competition Policy 6
Financial Services - + 1
Agriculture and Rural Development - + 1
Food Safety, Veterinary and Phytosanitary 6
Taxation 1
Social Policy and Employment 2
Environment 2
Customs Union - + 1
Number of Opening Criteria in total 20 + 5
EXISTING STATUS IN NEGOTIATION PROCESSEXISTING STATUS IN NEGOTIATION PROCESS
CLOSING CRITERIA that may require carrying out RIA
Chapter Name Opening CriteriaResponsible
Instıtution
4. Free Movement of Capital
Turkey provides an Action Plan, relating to natural and legal persons in EU member countries owning immovable property, including concrete measures and a time schedule oriented to gradual liberalization of owning of immovable properties by foreigners within the framework of EU acquis.
Undersecretariat of Treasury…
20. Enterprise and Industrial Policy
Providing a comprehensive and updated industrial policy strategy aiming at strengthening the competitiveness of Turkish industry. This strategy; should handle all the main sectors of industry in certain details including shipbuilding, railway and food industry in addition to the ones involved in 2003 Indusrial Strategy, should evaluate the previous policy performance comprehensively and should be based on an integrated analysis of competitiveness of related industries, should enable an improved policy coordination and harmony and should orient to a better possession of policy and improvement in implementation of policy.
Ministry of Industry and Trade
EXISTING STATUS IN NEGOTIATION PROCESSEXISTING STATUS IN NEGOTIATION PROCESSOPENING CRITERIA that may require carrying out RIA
Chapter Name Opening CriteriaResponsible Institutions
1. Free Movement of Goods
Excluding motor vehicles… A plan should be prepared on removing import permits related to motor vehicles and be submitted to the Commission.
Undersecretariat of Foreign Trade
5. Public ProcurementTo fully establish the legislative alignment relating to the public procurement and to submit a comprehensiand strategy to the Commission on forming the necessary administrative capacity including the calender and stages.
Ministry of Finance
11. Agriculture and Rural Development
Turkey will submit a strategy to the Commission on how land identification and National Farmer Registry System is considered to be developped from the perspective of preparation to controls on agricultural lands.
Ministry of Agriculture and Rural Affairs
16. Taxation
A plan agrreed upon with the Commission should be prepared and submitted to the Commission involving taking concrete steps to reduce the discriminatory taxation oriented to alcoholic products, imported products and impord cigarettes significantly and clear stages to quickly lifting the discriminatory taxes left.
Ministry of Finance
THE ADVANTAGES OF IMPLEMENTING RIA THE ADVANTAGES OF IMPLEMENTING RIA DURING EU NEGOTIATIONSDURING EU NEGOTIATIONS
1) EU Financial and Technical Assistance Programmes
a) Pre-Accession Financial Coopration Assistance Instrument (IPA)
Ex: Capacity Building of Turkey on Strengthening the Water Quality Monitoring Project
b) Support for European Integration Programme (SEI)
c) Twinning
Integrated Administration and Control System (IACS) and Land Parcel Identification System (LPIS) in Turkey
Tagging and Vaccination of Sheep and Goats
THE ADVANTAGES OF IMPLEMENTING RIA THE ADVANTAGES OF IMPLEMENTING RIA DURING EU NEGOTIATIONSDURING 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?
THE ADVANTAGES OF IMPLEMENTING RIA THE ADVANTAGES OF IMPLEMENTING RIA DURING EU NEGOTIATIONSDURING EU NEGOTIATIONS
2) Preparing Status Documents and Demanding Transition PeriodsEx: Law on Intellectual Property (12 June 2008)Human Medications and Plant Protection Products>Additional Protection Certificates
Ex: Free Movement of GoodsPreparing an action plan related to lifting of import permits oriented to motor vehicles
Ex: EnvironmentIntegrated Pollution prevention and controlWaste water treatment plantsVolatile organic substance emissions resulting from fuel oil storage and distribution systems
Ex: Food Safety, Veterinary and PhytosanitaryRed meat, poultry meat, fishery enterprises and enterprises processing milk and dairy products
THE ADVANTAGES OF IMPLEMENTING RIA THE ADVANTAGES OF IMPLEMENTING RIA DURING EU NEGOTIATIONSDURING EU NEGOTIATIONS
3) Prioritizing and Dating the Legislative Alignment
short+ mid termprimary+ secondary
arrangement422
short+ mid termLegal
arrangement127
short+ mid termSecondary
arrangement295
Short termLegal
arrangement94
THE ADVANTAGES OF IMPLEMENTING THE ADVANTAGES OF IMPLEMENTING RIA DURING EU NEGOTIATIONSRIA DURING EU NEGOTIATIONS
No EU legislation in force Draft Turkish LegislationResponsible
InsitutionDate of publication
1Directives no. 92/43/EEC and 79/409/EEC
Law on Nature and Biodiversity ProtectionMinistry of Environment and Forestry
After 2011
2Directives no. 98/81/EC and 2001/18/EC Regulation no 1946/2003
Law on BiosafetyMinistry of Agriculture and Rural Affairs
2009-2010
3Regulations no. 338/97 and 865/2006
Amendment in Regulation on Implementing the Convention on International Trading of Endangered Wild Animals and Plant Types
Ministry of Environment and Forestry
2010
4 Regulation no. 3254/91
Regulation on ban on use of traps capturing legs and goods produced from the hides of animals which are obtained from traps capturing legs.
Ministry of Environment and Forestry
2010
Sub Priority 27.3.7 Nature Protection and Genetically Modified Organisms
1 Legislative Alignment Calender
Table 27.3.7.1
3) Prioritizing and Dating the Legislative Alignment
THE ADVANTAGES OF IMPLEMENTING THE ADVANTAGES OF IMPLEMENTING RIA DURING EU NEGOTIATIONSRIA DURING EU NEGOTIATIONS
Primary arrangements that may require carrying out RIA when possible economic,
social and environmental impacts are considered.
3) Prioritizing and Dating the Legislative Alignment
Chapter Name EU legislation in force Draft Turkish Legislation Responsible InsitutionDate of
publication
3 Right of Establishment and Freedom to provide services
Directives no. 97/67/EC, 2002/39/AT and 2008/6/EC
Law on Regulation of Mail Services
Ministry of Transportation 2009-2010
5 public procurement Directive no. 2004/18 /EC Law on Public ProcurementMinistry of FinanceDepartment of Public Procurement
2009-2010
6 Corporate Law
Directives no. 68/151/EEC, 2003/58/EC, 77/91/EEC, 78/855/EEC, 82/891/EEC, 89/667/EEC, 78/660/EEC, 83/349/EEC, 2006/43/EC and 2007/36/EC Regulation no.1606/2002
Turkish Trade Law Ministry of Justice 2009
8 Law on CompetitionArticles 87 – 89 of EC Agreement,Regulation no.659/1999
Law on State AidBody which will involve the authority to monitor and audit the state aid.
2009
12 Food Safety, Veterinary and Phytosanitary
Regulation no.178/2002, 852/2004, 853/2004, 854/2004, 882/2004 and 183/2005
andteriner Hizmetleri, Food and Feed Law
Ministry of Agriculture and Rural Affairs
2009
THE ADVANTAGES OF IMPLEMENTING THE ADVANTAGES OF IMPLEMENTING RIA DURING EU NEGOTIATIONSRIA DURING EU NEGOTIATIONS
Primary arrangements that may require carrying out RIA when possible economic,
social and environmental impacts are considered.
3) Prioritizing and Dating the Legislative Alignment
Chapter Name EU legislation in force Draft Turkish Legislation Responsible InsitutionDate of
publication
15 EnergyDirectives no 2003/55/AT and 2004/67/AT
Law on Change in Natural Gas Market
Ministry of Energy and Natural Resources
2009
19 Social Policy andEnvironment
ILO Conventions no 87 and 98 European Social Charter
Law on Amendment in Unions Law no 2821, Collective Labour Agreement no 2822, Law on Strike and Lock out
Ministry of Labour and Social Security
2009
19 Social Policy andEnvironment
ILO Conventions no 87 , 98 and 151European Social Charter
Law on Amendment in Law on Unions of Civil Servants no 4688
Ministry of Labour and Social SecurityDepartment of State Personnel
2009
23 Judiciary and Fundamental Rights
Regulations no 4253/88, 2988/95, 2064/97 and 1267/1999
Court of Accounts Law Court of Accounts 2009
27 EnvironmentDirectives no 98/81/AT and 2001/18/AT Regulation no 1946/2003
Biosafety LawMinistry of Agriculture and Rural Affairs
2009-2010
THE ADVANTAGES OF IMPLEMENTING THE ADVANTAGES OF IMPLEMENTING RIA DURING EU NEGOTIATIONSRIA 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
Impact of financial burden on budget
figures in short and mid terms
Financial resources EU may provide
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
THE ADVANTAGES OF IMPLEMENTING THE ADVANTAGES OF IMPLEMENTING RIA DURING EU NEGOTIATIONSRIA DURING EU NEGOTIATIONS
4) Prioritizing Costs
DIFFERENCES OF IMPLEMENTING RIA DURING DIFFERENCES OF IMPLEMENTING RIA DURING EU NEGOTIATIONSEU NEGOTIATIONS
TIME LIMIT– THE OBLIGATION OF TRANSPOSING THE EU ACQUIS LAWS INTO DOMESTIC LAW
RECOMMENDATIONSRECOMMENDATIONS
• 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 Proportionalityo Prioritizing> RIA or Pre-RIA
•Monitoring the implementation of arrangements aligned, changing the way of implementation if necessary (second best alternative)
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