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Commission initiatives included in the Annual Policy Strategy or the Commission Legislative andWork Program and requiring regulatory measures for the implementation. The proposal with alarge expected impact are instead subjected to an “extended impact assessment”.The Integrated impact assessment is essentially a two stage procedure:1. Preliminary Assessment: it gives a first overview of the problem identified, possibleoptions and sectors affected. The result of this first stage is a short statement focusing on thefollowing points:a) Identification of the objectives and desired outcome;b) Identification of the main policy options available to achieve the objective;c) Description of the preparatory steps already undertaken and foreseenExtended Impact Assessment: On the basis of the preliminary assessment statement theCommission decides which proposals will require an extended impact assessment. In deciding theCommission take in account if the proposal will result in substantial economic, environmentaland/or social impacts on a specific sector or several sectors and if the proposal represents a majorpolicy reform in one or several sectors.The main purposes of the Extended Impact Assessment are essentially: 1)To carry out a more indepthanalysis of the potential impacts on the economy, on society and on the environment; 2) Toconsult with interested parties and relevant experts.In order to give more support to the Commission department in carrying out Impact Assessment, atthe end of 2006 was created Impact Assessment Board (IAB), defined as a “central qualitycontrol” 57 . The IAB works under the authority of the Commission President and it is chaired by theDeputy Secretary General responsible for Better Regulation.The main tasks of the IAB are examining and issuing opinions on the quality of individual draftimpact assessments prepared by the Commission departments and providingadvice to theCommission department on the methodology adopted in the preparation of Impact Assessment.57 See the Commission website on Impact Assessment (http://ec.europa.eu/governance/impact/iab/iab_en.htm)62
Despite the opinions of IAB, according to the Guidelines on Impact Assessment updated in 2009,have to accompany the draft initiative together with the impact assessment report, they are notbinding 58 .4. The Application of the Efficiency Principle to the Regulation ProcessThe adoption of RIA both in US and EU was justified by the objective to reach a better regulation,that means an efficient regulation.A growing number of country believed that the better way to reach improvements in regulatoryprocess was to introduce the economic approach in the evaluation of the impact of proposedregulation according to a efficiency criterion. But what kind of efficiency have to conduct thedecisions of policy-makers?As mentioned above there are different concepts of efficiency and then, different way throughwhich regulation can be considered efficient.Efficiency can be analyzed from an allocative perspective that means that regulation hat to reach anoptimal allocation of the resources. But in which way the allocation of resource can be optimal? Ifwe use the Pareto criterion of efficiency, a situation is efficient if there is no way to rearrange thingsto make at least one person better off without making anyone worse off. This definition is verydifficult to apply in policy word because sometimes it is difficult to compare the different outcomesand to evaluate which outcome is more worthy to be pursued. For this reason a more realisticcriterion to reach the allocative efficiency in the issuing of regulation may be the Kaldor-Hickscriterion that looks to the net gain of a change: an outcome is more efficient than another one if thegainer of the change is so better off than can compensate the looser. This criterion, applied to theregulation process seem to find its practical application tanks the cost-benefit analysis used in theRIA method.58 European Commission, Impact Assessment Guidelines, SEC(2009) 92, 15 January 200963
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LUISS GUIDO CARLIDOTTORATO DI RICER
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a form-based approach 4 . In partic
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Guidance Paper is the result of a r
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In the following section are analyz
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Page 46 and 47: IntroductionRegulatory Impact Asses
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