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technical nature of RIA tool was preserved, and whether the IA exercise helped the regulator intaking in account the impacts of all possible regulatory options and their associated impact.48
SECTION AThe Development of Regulatory Impact AssessmentI. What is Regulatory Impact Assessment?It is important, in order to understand the importance of the RIA in the regulatory environment andits growing use by the governments, to give a clear definition of this tool.According with the definition of the European Network for Better Regulation, RIA is:A systematic, mandatory, and consistent assessment of aspects of social, economic, orenvironmental impacts such as benefits and/or costs;affecting interests external to the government;of proposed regulations and other kinds of legal and policy instruments;to i) inform policy decisions before a regulation, legal instrument, or policy is adopted; or ii) assessexternal impacts of regulatory and administrative practices; or iii) assess the accuracy of an earlierassessment 35 .RIA is essentially a technical tool used by policy maker in order to assure that regulation is madefollowing efficient, effective and transparent criteria, assuring that all possible impacts of legislativeoptions are taken into account. In this sense RIA is a useful tool through which the legislator canhave a good understanding of who will be affected by the regulation and how.What does effective and efficient regulation mean? A regulation is effective if it is able to achieveits planned goal and objectives and it is efficient if it is able to achieve these objective at the lowesttotal cost, for society as whole 36 .In order to reach the objective of a clear and transparent regulation, able to catch all the possibleimpacts on the reality, it is important that the RIA process is implemented in a proper way, thatmeans that it must include a wide consultation of the relevant stakeholders and a transparent and35 ENBR Project, RIA Handbook, available at www.enbr.org36 OECD, Introductory handbook for undertaking regulatory impact analysis (RIA), October 200849
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Page 46 and 47: IntroductionRegulatory Impact Asses
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- European Commission, Draft Recomm
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