Preliminary assessment of the second payment request of Romania

The General Secretariat of the Government is in charge of monitoring the implementation of impact of the Better Regulation Government Decision , especially through the newly established Board (also referred to as “Consultative Council”) for the Evaluation of Impact of Regulatory Acts (Chapter 2) The General Secretariat of the Government publishes the impact assessment reports on its website and submits an annual report to the Government with an overview of the legislative process, its compliance with the Better Regulation Government Decision and listing the activities that the relevant authorities carried out. (4) a Government Decision on approving the “One in, one out” Methodology aimed at reducing administrative burden The Better Regulation Government Decision approves and introduces (Art. 2) the one-in-one-out rule: for any legislative act imposing compliance costs for businesses and civil society organizations, the initiator must identify equivalent compliance costs under the legislation in force and remove

them (Annex 3, pg. 34). The methodology in Annex 3 provides guidance to the initiator for identifying the aforementioned compliance costs, which can be classified in: financial costs (any form of direct taxation introduced by the new regulation), administrative costs (costs related to activities and tasks that a company needs to carry out to comply with the new legislation), and direct or capital costs (the value of goods or services to be purchased to comply with the new regulation). Annex 2 to the same Government Decision provides further technical guidance on the way to correctly estimate these costs. In accordance with Article 5(3), the General Secretariat of the Government supervises the implementation of the one-in-one-out rule and ensures that the eligible normative acts comply with the guidelines set out in Annex 3, that the results of the one-in-one-out assessment are included in the presentation and motivation tools (as templated in Annex 1 and regulated by Annex 2 of the

same Government Decision) and that any relevant existing provision to be superseded by the new legislation is effectively repealed within 12 months. As established under Article 14.1 the General Secretariat of the Government is also required to train institutions on the implementation of the one-in-one-out principle, when needed. (5) a Government Decision on the procedural and methodological framework for ex-post assessment of regulations. The Better Regulation Government Decision introduces guidelines and methodological framework to conduct ex-post assessments. Article 5.2 of the Government Decision requires the government to set out a calendar for ex-post assessments at the beginning of every year, based on its priorities. Annex 5 to the Government Decision sets out the guidelines for carrying out an ex-post assessment, while Annex 4 provides a template of the impact evaluation report. In terms of framework and procedures for ex-post evaluation, the Government Decision provides that at the request of the

Government and based on its priorities, evaluations will be conducted and included in the annual roadmap indicated in Article 5.2.

Commission Preliminary Assessment: Satisfactorily fulfilled

                  Related Measure: Enhancing the predictability and efficiency of decision-making
                  processes by strengthening the capacity for policy coordination and impact
Number: 404       analysis at the level of the government and coordinating ministries, as well as by
                  strengthening the tools to increase the quality of public consultations at all levels
                  of the administration

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