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PHILIPPINES - REGULATORY IMPACT ASSESSMENT (RIA) GUIDELINES DRAFT – FOR DISCUSSION AND FINALISATION A useful starting point to identify and assess impacts is to identify the number and types of regulatory requirements proposed. A search for words such as ‘must’ or ‘shall’ or ‘return’ may help identify regulatory requirements. For example (bold indicates requirements): A business owner is required to register his business and must: i. Submit a request for registration in the prescribed form setting out: a. name of the business b. business address c. type of business ii. Pay an annual fee iii. Place a copy of the registration notice up his business premises that can be easily seen by customers = 6 regulatory requirements Having identified the regulatory requirements, the impact of the requirements can then be assessed – quantitatively and/or qualitatively. 5.2 Impact on Competition A regulation should not restrict competition unless it can be demonstrated that: 1. The benefits of the restriction to the Philippines as a whole outweigh the costs; or 2. The objectives of the regulation can only be achieved by restricting competition. Regulation is likely to restrict competition if: • It affects the structure of the industry/market (eg., limits the number of firms in the industry, or creates barriers to firms entering or exiting the market) • Businesses are restricted in their ability to choose the price, quality, range or location of their products • Compared to existing players, new entrants will have higher ongoing costs to participate in the industry/market • Innovation or the development of new products or services is negatively impacted. Version 4.0 23 July 2012 DRAFT Page 22/24
PHILIPPINES - REGULATORY IMPACT ASSESSMENT (RIA) GUIDELINES DRAFT – FOR DISCUSSION AND FINALISATION 5.3 Compatibility with Other Regulations All new regulation should be compatible and consistent, to the extent possible, with existing regulations. Assessing compatibility with existing regulations provides an opportunity to consider whether the existing regulation can be simplified, repealed or consolidated. 5.4 Stakeholder Consultation Consultation with affected stakeholders is critical at all stages of the regulatory development and review process. Affected stakeholders can be in business, community and government. Comments and feedback from affected stakeholders are critical to the regulatory development and review process because it assists with: • Understanding of the problem, its significance and possible risks • Providing perspectives and suggestions on alternate options to address the problem • Identifying and assessing competing interests • Providing a check on the regulator’s assessment of costs (including compliance/administrative costs) and benefits and whether/how the proposed option will work in practice • Identifying interactions between different types of regulations. Stakeholder consultation can reduce the risk of the regulation not achieving its policy objective and unintended consequences, and can help greater understanding with those impacted and their subsequent compliance with the regulation. Under the Philippines Pilot RIA system, regulating departments should ensure: • There has been adequate consultation with affected stakeholders to support the informed completion of the PIA • Affected stakeholders, where possible, are provided advance notice of upcoming consultation activities via the pilot department’s website • A minimum period (eg., 30 days) is allowed for all public consultation on RIS documents • Where approved for release, all final RIS documents are published on the pilot department’s website • The online register on the pilot department’s website lists all approved regulations for public access and availability. Version 4.0 23 July 2012 DRAFT Page 23/24
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