Innovations in the regulatory process: Aneel and other
Feb 27, 2024 8:49:32 GMT
Post by xyz3700 on Feb 27, 2024 8:49:32 GMT
The liberalizing winds that blew in Brazil in the 1990s resulted in privatization, regulatory reform and the consequent creation of agencies. After this first moment, interest grew in improving regulatory intervention and seeking quality regulation. Among agencies, in 2010, Aneel was a pioneer in encouraging studies on AIR. That same year, a Brazilian mission, returning from London, after contact with the implementation of the instrument, the regulatory framework, the different methodologies, the flow of the work process, the types of public consultations, etc., created a pilot project for the evaluation of regulatory impact on Aneel [3] . Through Normative Resolution 540/2013, Aneel approved Aneel Organization Standard 40/2013 (NO 40), with nine articles, whose article 1 made it mandatory to carry out RIA before issuing any normative act from the agency.
Also in 2013, the Technical Committee to Support Regulatory Impact Analysis (CT-AIR) was established within Aneel, with a dual mission: (i) to monitor and support the application of AIR; and (ii) exchange knowledge and experiences with other regulatory agencies, Brazilian or not. Ordinance 5,561, of February, changed the composition of CT-AIR, increasing representation, with the inclusion of all regulatory areas and concession and inspection Chinese Malaysia Phone Number List macro processes. Normative Resolution 798/2017 revoked Normative Resolution and its annex and approved the revision of NO 40, the content of which became that contained in the annex of the new normative resolution. The annex to this resolution, in force since July 1, 2018, valued the role of AIR. Article 1 maintained the obligation to carry out the AIR prior to the issuance of a normative act.
Defined, in article 2, AIR [4] and Regulatory Result Assessment (ARR) [5] . Although less common, the ARR constitutes a relevant moment in the regulatory sequence that allows both to assess the performance carried out and to provide elements for improving regulation. Articles 3 to 7 deal with procedures. The unit holder is responsible for conducting the AIR and ARR (article 3), and it must be presented in the format of a specific report, which must contain at least 13 pieces of information (article 4), which allow an accurate view of the regulatory issue to be resolved and its circumstances. According to article 5, before any draft normative act can be drawn up, the AIR report must be submitted to the first phase of a public hearing. This report, already enriched with contributions received at the hearing, will be taken to the board, either for approval of a non-regulatory alternative; or to initiate a second phase of public hearing, aimed at collecting suggestions for the draft normative act.
Also in 2013, the Technical Committee to Support Regulatory Impact Analysis (CT-AIR) was established within Aneel, with a dual mission: (i) to monitor and support the application of AIR; and (ii) exchange knowledge and experiences with other regulatory agencies, Brazilian or not. Ordinance 5,561, of February, changed the composition of CT-AIR, increasing representation, with the inclusion of all regulatory areas and concession and inspection Chinese Malaysia Phone Number List macro processes. Normative Resolution 798/2017 revoked Normative Resolution and its annex and approved the revision of NO 40, the content of which became that contained in the annex of the new normative resolution. The annex to this resolution, in force since July 1, 2018, valued the role of AIR. Article 1 maintained the obligation to carry out the AIR prior to the issuance of a normative act.
Defined, in article 2, AIR [4] and Regulatory Result Assessment (ARR) [5] . Although less common, the ARR constitutes a relevant moment in the regulatory sequence that allows both to assess the performance carried out and to provide elements for improving regulation. Articles 3 to 7 deal with procedures. The unit holder is responsible for conducting the AIR and ARR (article 3), and it must be presented in the format of a specific report, which must contain at least 13 pieces of information (article 4), which allow an accurate view of the regulatory issue to be resolved and its circumstances. According to article 5, before any draft normative act can be drawn up, the AIR report must be submitted to the first phase of a public hearing. This report, already enriched with contributions received at the hearing, will be taken to the board, either for approval of a non-regulatory alternative; or to initiate a second phase of public hearing, aimed at collecting suggestions for the draft normative act.