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PHILIPPINES - REGULATORY IMPACT ASSESSMENT (RIA) GUIDELINES DRAFT – FOR DISCUSSION AND FINALISATION 4.2 Step 2: Confirming that the Regulatory Proposal is Within Scope Initially, the RIA system will apply to nominated proposed Acts or Orders prepared or being implemented by pilot departments that impact business, community or government. Other proposed regulations (including via other instruments such as regulatory guidelines or resolutions) may be subject to the RIA system at the discretion of the relevant decision-maker and may be required more generally at a later date. If the regulatory proposal is not within this scope of application, then there is no further system requirement. 4.3 Step 3: Preparing a Preliminary Impact Statement (PIA) A PIA is the first stage in assessing the potential impacts of a regulatory proposal on business, government and community and helps in identifying whether a Regulatory Impact Statement (RIS) is required. A PIA is completed for all regulatory proposals within scope of the RIA system. Under this scope, the PIA is the initial level of assessment to assist in determining whether the proposal is likely to have a significant impact on business, community or government and therefore, that a RIS is required to be prepared. See attachment B for the Preliminary Impact Assessment (PIA) Template. For regulatory proposals assessed as likely not imposing significant impacts on business, the PIA provides the information to complete the Regulatory Assessment Summary (RAS) which accompanies the proposal to decision-makers for approval. The PIA requires a brief assessment of the potential economic (including competition), international agreement, social, environmental and compliance/administrative impacts on business, community and government. These impacts should be quantified where possible. Consultation is critical to the completion of the PIA. Consultation for a PIA may not be as substantial as that required for a RIS – for example, key stakeholders may be targeted rather than conducting a full public consultation. 4.4 Step 4: Determining the ‘Significance’ of the Regulatory Impact Both direct and indirect impacts are to be considered in the PIA. Direct impacts are those immediate impacts on the stakeholder. Indirect impacts affect others through the impact of the proposal on stakeholders or other changes as a result of the proposal. Version 4.0 23 July 2012 DRAFT Page 16/24
PHILIPPINES - REGULATORY IMPACT ASSESSMENT (RIA) GUIDELINES DRAFT – FOR DISCUSSION AND FINALISATION Where appropriate, the cumulative burden from existing regulations and requirements should be considered when determining the significance of impacts on business, community and government. Careful assessment and judgement is required to assess whether a regulation is significant. For example: 1. the higher the number of stakeholders affected, the more significant the impact 2. the higher the level of impact (eg., number of regulatory requirements that need to be complied with, number of years that the regulation is in effect, and the cost and time in meeting requirements), the more significant the impact. Possible issues to consider in identifying impacts and examples of significant impacts on business, community and government are set out below. Economic impacts Possible impacts could include on processes, wages, profits, employment, skill levels, production costs, and productivity. Examples of significant impacts: • Effects on cash flow, profitability or prices (for example, greater than 5%) • Requires a high level of initial and ongoing investment to comply by business - see also compliance and administrative costs below • Effects on resource allocation and investment Competition impacts Possible impacts could include on the number of firms in a market, intensity of competition, restriction on choice of products or inputs for buyers and sellers, and entry and exit barriers to an industry. Examples of significant impacts: • Prevents entry or seriously restricts the conduct of business • Reduces the ability of, or incentives for the business to compete • Reduces consumer choice or access to goods and services Version 4.0 23 July 2012 DRAFT Page 17/24
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