Presentation by Ms Celine Kauffmann, Regulatory Policy Division, OECD, at the 8th Conference on Measuring Regulatory Performance: Realising Impact: The Role of Institutional Frameworks in Regulatory Policy, Breakout Session 2, which took place in Sydney 15-16 June 2016. Further information is available at ww.oecd.org/gov/regulatory-policy/measuring-regulatory-performance.htm.

1. INSTITUTIONAL
FRAMEWORKS FOR EX
ANTE AND EX POST
EVALUATION
Breakout session 2
8th Expert Workshop on Measuring Regulatory Performance
15-16 June 2016
Céline Kauffmann, Deputy Head
OECD Regulatory Policy Division

2. 2012 OECD Recommendation on
Regulatory Policy and Governance
3. Establish mechanisms & institutions to actively provide
oversight of regulatory procedures and goals, support &
implement regulatory policy…
• “A standing body charged with regulatory oversight should
be stablished close to the centre of government, to ensure
that regulation serves a whole-of-government policy.”
• “In the performance of its technical functions of assessing
and advising on the quality of impact assessments, the
oversight body should be independent from political
influence.”
• “The performance of the oversight body, including its
review of impact assessments should be periodically
assessed.”

3. Key features identified for RIA oversight
bodies
• Provide guidance on economic and social policy
impact analysis
• Provide a negative opinion and return the
regulatory draft proposals for which the impact
assessments are inadequate
• Be embedded in the government’s decision
making process

4. 4
Oversight and quality control is the
weakest dimension of all 3 indicators
OECD (2016), “Building regulatory policy systems in OECD countries. Draft analytical paper.”
0.0
0.5
1.0
1.5
2.0
2.5
3.0
Systematic
adoption
Methodology Transparency Oversight and
quality control
Ex post evaluation
Regulatory Impact Assessment
Stakeholder engagement

5. Are RIA quality control systems effective?
Source: OECD (2015), OECD Indicators of Regulatory Policy and Governance (iREG), http://www.oecd.org/gov/regulatory-
policy/indicators-regulatory-policy-and-governance.htm.

6. The role of oversight bodies in overseeing ex
post evaluation is less pronounced
Source: OECD (2015), OECD (2015), OECD Indicators of Regulatory Policy and Governance (iREG),
http://www.oecd.org/gov/regulatory-policy/indicators-regulatory-policy-and-governance.htm.
13
6
1
4
0
5
10
15
20
25
30
35
Is there a quality control system for ex-
post evaluations?
The ex-post evaluations are reviewed by
an independent body who is responsible
for ensuring each type of assessment is
completed
Numberofjurisdictions
For some primary laws
For major primary laws
For all primary laws
Yes

7. Focus for the breakout session
1. What are the lessons learnt on the institutional
set up and characteristics and powers of
oversight bodies to ensure that RIA is an
effective policy tool?
2. What are the lessons learnt on the institutional
setting for ex post evaluations and its oversight?
3. What institutional settings are necessary to
ensure systematic in-depth reviews of policy
areas and their use and impacts?

8. Further information
• OECD (2015), Regulatory Policy Outlook, OECD Publishing,
Paris.
• OECD (2012), Recommendation of the Council on Regulatory
Policy and Governance, OECD Publishing, Paris.
• OECD (2016), The institutional framework for regulatory
policy. Scoping Note for the 8th OECD on Measuring
Regulatory Performance.
• OECD Working Papers on Regulatory Policy (Forthcoming).
[GOV/RPC/MRP(2016)2/REV], “Building regulatory policy
systems in OECD countries”.
• Framework for Regulatory Policy Evaluation
• OECD Measuring Regulatory Performance Programme