REGULATION IN THE INFRASTRUCTURE SECTOR

Similar documents
Accountability of central banks and supervisory bodies what should be the remit of auditors at EU and national level

1 Cour des comptes - Rappel du titre de la Date présentation THE COUR DES COMPTES

The Role of Independent Fiscal Institutions. Lisa von Trapp Budgeting and Public Expenditures Organisation for Economic Cooperation and Development

Airport regulation: experience in Germany, UK and Australia

Separation of powers and financial oversight

ABSTRACTS. Introduction. Michel Le Clainche

RIA in OECD Countries

Better Information Economic Efficiencies Net Debt Reduction Education Financing Competitiveness Investor Confidence Tax Relief. Sustainable Growth

EU economic. governance. Strong economic rules to manage the euro and economic and monetary union. istockphoto/jon Schulte.

Assisting Economic Transition: An RIA Strategy for Developing Countries

DG ENLARGEMENT SECTOR BUDGET SUPPORT GUIDELINES

Governance of the European Patent System

UNIT 6. Government Accountability and Parliamentary Committees

Designing a European Fiscal Union: Lessons from the Experiences of Fiscal Federations

Session 6: Budget Support

Fostering Quality of Public Administration with ESF support Stefan DE KEERSMAEKER, DG EMPL E.1 28 October 2013

Recommendation for a COUNCIL RECOMMENDATION. on the 2015 National Reform Programme of Portugal

Policy Brief. Public e-procurement at the local level in Albania. Challenges in the fight against corruption. Mona Xhexhaj

THE ROLE OF CORPORATE SOCIAL SUSTAINABILITY IN MODERN

TOWARDS PUBLIC PROCUREMENT KEY PERFORMANCE INDICATORS. Paulo Magina Public Sector Integrity Division

The BMZ initiative for an International Tax Compact. Keynote speech, held at the International Tax Compact Workshop (Brussels, January 2010)

Suspend the negotiations for a free trade agreement with the USA no agreement at the expense of workers, consumers or the environment

PRIORITIES TURKEY MAY 2013

Public / private mix in health care financing

Public investment: recording in EDP statistics and treatment under the SGP

Executive Summary Study on Co-Regulation Measures in the Media Sector

Royaume-Uni Cour suprême. United Kingdom Supreme Court

LLB (Hons) International Law Module Information

OUTCOME OF THE COUNCIL MEETING. 3366th Council meeting. Economic and Financial Affairs. Brussels, 27 January 2015

The Determinants of Global Factoring By Leora Klapper

Central bank corporate governance, financial management, and transparency

Preventing fraud and corruption in public procurement

EDRi s. January European Digital Rights Rue Belliard 20, 1040 Brussels tel. +32 (0)

Evidence-informed regulation The ACMA approach

EU Budget Support can strengthen partner country commitments to anti-corruption, good governance and sustainable development

Introduction from the Chair - Michael Burnett

IMPROVING TRANSFER OPERATIONS. A variety of bad practices and external threats have been identified with regard to transfer operations.

16207/14 AD/cs 1 DGG 2B

Global Retirement Indexes Illustrate Widespread Employee Benefit System Challenges

Guide to Transparency in Public Finances. Looking Beyond the Core Budget. Tax Expenditures.

PPP Basics and Principles of a PPP Framework

Build and Beyond: The (r)evolution of healthcare PPPs

The French Central Government accounting reform 2009: New achievements

Public Debt and Cash Management

Professor Hermann Remsperger. Member of the Executive Board of the Deutsche Bundesbank

The EMU and the debt crisis

PRINCIPLES FOR EVALUATION OF DEVELOPMENT ASSISTANCE

25 NOVEMBER Assessing the Value for Money of Regulation of Infrastructure Networks

New Forms of Privatization Making It Public: Evidence and Action Against Privatization National Union of Public and General Employees

Public Sector Modernisation: Modernising Accountability and Control

Trends in Institutional Arrangements for Public Debt Management

The Australian Government Performance Measurement and Reporting Framework

COMMUNIQUE High- Level Partnership Forum MOGADISHU July 2015

Occasional Paper: Strengthening Clinical Governance for Health Service Boards

Government at a Glance 2015

Recommendation for a COUNCIL RECOMMENDATION. on the 2015 National Reform Programme of Bulgaria

COMMISSION OF THE EUROPEAN COMMUNITIES. COMMISSION REGULATION (EC) No /..

CHECK AGAINST DELIVERY EMBARGO UNTIL 14 October Gaps and Overlaps Accountability and Public Audit Arrangements in EU, ECA, Brussels

The audit and inspection of local authorities

Re-Thinking Sovereign Debt Summit

Abbreviation: Project period: Reference: VP / 2011 / 003 / 0200 Notice of granting: VS / 2011 /

COMMISSION DELEGATED DECISION (EU) / of

DECLARATION OF ZARAGOZA ADOPTED BY THE 11 TH CONFERENCE OF PRESIDENTS OF REGIONS WITH LEGISLATIVE POWERS NOVEMBER 2010

Centro Empresarial Torres de Lisboa! Rua Tomás da Fonseca, Torre G 8º! LISBOA - PORTUGAL!

International Standards in Export Credit Insurance. Lennart Skarp

Regulatory Impact Assessment (RIA) in Montenegro

ISSUES PAPER ON COMPLETING THE ECONOMIC AND MONETARY UNION. Introduction. The European Council of 29 June 2012 concluded the following:

Re-thinking Health Policy: From Austria to Europe and back. European Health Policy and Austria Achievements and intentions

High Representative of the Union for Foreign Policy and Security Policy/Vice-President of the European Commission

Programme Support and Public Financial Management

FORUM ON TAX ADMINISTRATION

BCS, The Chartered Institute for IT Consultation Response to:

How to improve financial stability and resilience of systemically important financial institutions after the crisis?

SECTOR ASSESSMENT (SUMMARY): FINANCE Sector Performance, Problems, and Opportunities

Mapping Fossil-Fuel Subsidies: Lessons from Case Studies of China, Germany, Indonesia, and the United States

Preparation of the Informal Ministerial Meeting of Ministers responsible for Cohesion Policy, Milan 10 October 2014

Unit 5: Parliament and the audit of public accounts

Institutional Challenges to Effective Debt Management in the Caribbean

Cluster to Promote Competitiveness through Public Private Partnerships

NATIONAL INSURANCE BROKERS ASSOCIATION OF AUSTRALIA (NIBA) Submission to WorkCover Western Australia. Legislative Review 2013

QUAๆASSURANCE IN FINANCIAL AUDITING

Legal protection of children from sexual exploitation: The Lanzarote Convention and the ONE in FIVE campaign

For further information, please contact Kee-jo Chey, Tel: Kee-jo.Chey@oecd.org

Service Alberta BUSINESS PLAN

Access of Supreme Audit Institutions to the main financial supervisors in EU Member States

Official Journal of the European Union

The Role of Mortgage Insurance under the New Global Regulatory Frameworks

Modernising the EU accounts

Italy s Parliamentary Budget Office: Issues and Challenges

Live Long and Prosper? Demographic Change and Europe s Pensions Crisis

Recommendation for a COUNCIL RECOMMENDATION. on the 2015 National Reform Programme of Slovenia

Striving for Good Governance in Africa

EUROPEAN COMMISSION Directorate General Internal Market and Services. CAPITAL AND COMPANIES Audit and Credit Rating Agencies

Deliverable 3 Supervision of sports agents and transfers of players, notably young players. Expert Group "Good Governance

Regulatory Impact Analysis: Benchmarking

Third Parliamentary Forum on Shaping the Information Society

Performance Measurement

reflected and translated into policy orientations and priorities as well strategy documents and a management plan.

CROATIA - TURKEY Preparation Screening Bi-lateral meetings List of questions related to key acquis requirements

The Double Democratic Deficit Parliamentary Accountability and the Use of Force under International Auspices

Transcription:

REGULATION IN THE INFRASTRUCTURE SECTOR Stephane Jacobzone Counsellor OECD Public Governance and Territorial Development The views are the author s responsibility

The evolution of regulatory frameworks Impact of regulatory reform to foster efficient markets & Good governance Synergistic effects amplify gains in individual sectors (Telecommunications, Transport, Energy) Benefits to consumers quality, choice, cost and price Establishing markets for the private sector to provide services previously supplied directly by the state; Strengthening product market competition, and easing the adoption of innovative technologies;

Implications for economic efficiency and accountability The assessment has to take into account the impact of three different policies : New regulatory frameworks fostering competition Privatisation: transfer of property rights to the private sector Public Private Partnerships Reforms have many potential pitfalls New regulatory frameworks can be inefficient: monopolistic aspects, regulatory capture, lack of a regulator Privatisation may not be optimally managed from the public purse Public Private Partnership need to be well managed to avoid inefficient transfer of risks All this requires strong governance and accountability, where performance assessment and Supreme Audit Institutions can play a useful role

Relations to OECD work Analytical national studies on regulation and governance Country reviews (e.g. Brazil, Mexico, Italy), (24 reviews in total) Analysis of the role of the regulators (regulatory authorities), including in Brazil Analytical work on Public Private Partnerships : Public Private Partnerships in pursuit of risk sharing and value for money Comparative benchmarks and standards Principles for Regulatory Quality and Governance Reference standards for private sector investment in infrastructure, and possibly PPPs (Senior Budget Officials) Comparative data: government at a glance Inputs from Supreme Audit Institutions is a very useful tool for OECD analysis (e;g. Sweden, Norway, Switzerland, Brazil, etc ) (performance audit vs. control).

The Brazil Review in the context of the OECD Country Reviews of Regulatory Reform Independent assessment Multidisciplinary approach : Competition Chapter, High Quality Regulation Regulatory Authorities in four core sectors, including 3 in infrastructure: Supplemental Health Insurance Telecommunications Electricity Land Transport Extensive consultation government officials and parliamentarians business and union representatives, consumer groups, and academic experts Standardised report

Role and interventions of the SAI in infrastructure regulation 1. Assessing the use of public funds for infrastructure and/or the conditions of privatisation 2. Assessing the regulators 3. Intervention when there is no clear regulator, for example in case of concessions, PPPs (e.g. highways, local public service utilities, water) 4. Assessing regulatory reform more broadly (NAO, GAO)

1. Assessing the use of public funds for infrastructure Expenditure on Road and transport infrastructure (e.g. US GAO s assessment of the Recovery Act, efficient use of public funds, reports by the French CC (Cours des Comptes) on transport investment, Costs of nuclear energy (French CC working group) Australian National Audit Office assessment of the Broad band network (cf OECD review of Australia) European court of Audit assessment of EU Rail infrastructure (2010)

2. The challenges of understanding and assessing regulators Need to take into account new institutional framework Majone s approach, delegation of regulatory powers in Europe, democratic deficit Need to invent some new paradigm for assessment

The choice CONTEXT Self-regulation and competition framework Direct Ministerial Oversight Independent Regulators The rationale Delegating power to a regulator at arms' length from the political system Improving the protection of consumer interest in case of marke failures or other failures Improving transparency and stability High quality staff and technical expertise

Assessing quality and the performance of regulators Seminal work by the economist JJ. Laffont and lawer Frison roche for the French Cour des Comptes Three dimensions: legal, judicial review accounting/auditing overall economic assessment: Self assessment Official audits Academic work

Regulators as part of the "Regulatory State" Clarifying the functions of the State Public Ownership General rule making (general rules) Enforcing regulation (applying the rules) Consumer protection (quality/market) (and moving away from naïve notions of the General Interest). A challenge to the executive and parliamentary powers A regulator entrusted with regulatory powers, including sanctions, licences, and even some rule making A Government in Miniature? Establishing the legitimacy of a "non majoritarian" institution

Recent Trends Independent Regulatory Authorities in OECD Countries 40 35 30 25 20 15 10 5 0 1926 1931 Financial Regulators Telecommunication Regulators Energy Regulators 1936 1941 1946 1951 1956 1961 1966 1971 1976 1981 1986 1991 1996 2001

A heterogeneous institutional status

Analytical framework for OECD reviews Independence and accountability (cf governance audit by TCU) Horizontal architecture Coordination with Competition Authorities Coordination among regulatory authorities Coordination across levels of government Powers Performance assessment Self assessment International organisation NGOs (consumer groups) SAIs

Performance assessment is a condition for accountability n A condition of success "non majoritarian" institutions (Majone) Political credibility of the regulator No explicit mechanism for reporting and establishing legitimacy Procedural and political aspects Often demanded by the independent regulators themselves (cf dialogue with Parliament)

Ensuring Accountability: How? Systems of checks and balances Transparency and procedural requirements Administrative procedure laws Substantial judicial/legal review: n Appeal mechanisms depend on the legal system : Common Law courts Roman or German law administrative courts, special courts BUT Economic effectiveness of the legal system??

Ensuring Accountability n n n Dialogue with citizens and Parliament Annual report, dialogue with Parliament (expertise) Links with consumers' associations High quality regulation Clear Regulatory Impact Assessment, Transparency Predictability Key for industry and for credibility (and implications for the risk governance premium )

Mandatory Release of Periodic Assessment Reports on Achievement of Objectives Financial 52 24 3 21 Yes, in annual reports only Telecommunications 52 8 0 40 Yes, other No Energy 24 14 10 52 0% 20% 40% 60% 80% 100% Percentage n.a.

Lessons from the Brazil study on regulators Economic impact reduction of regulatory risk (energy) Cleaning the market (health insurance) Telecommunications Regulatory framework benefits from healthier macro Impact in relation to objectives Which objectives Trade offs Governance impact Gaps still to be covered Role of ouvidors (disputed)

SAIs Interventions in other cases Sectors activities with no clear regulator, Case of concessions, PPPs (e.g. highways, local public service utilities, water, rail) Local public services (utilities) High exposure Highly technical topics vs. high political impact Significant impact for public finances of accounting rules and amortisation Ex Ante versus Ex Post intervention : unique role of TCU

PPP Work : 2008 publication Some analytical chapters Italy study on local public services Chapter on land transport in Brazil OECD s Contributions Reference guidelines (new guidelines in preparation for PPPs, Senior Budget Officials) Area under watch (debt debate) Economics of PPPs Initial assessment Budget sccoring and accounting treatment Governance framework: PPP unit, procedural tools, managing the risk of corruption, transparency

Need to have an integrated approach Long term contracts: Require long term view and monitoring The beginning isn t everything Opportunity cost of delays impact cost of infrastructure, compounded by legal system (e.g. Italy) Capacity in government PPP units Local government issues Filling the gaps Cost of water, Highway tariffs

Example: Roads in Brazil One of the largest networks in the world (1.6 mi.km) Involvement of private capital in road construction: concessions (comparisons with selected OECD and latin american countries) Full deregulation of road freight: drop in prices but issues of safety with smaller companies Quality of the roads: case fatalities Two waves of concessions: Improvements on private roads Bus services: stagnating activity

Challenges ahead Pre olympic issues Need for long term transport planning (GEIPOT, PNLT) Lessons from other olympic ventures Model of EPE for transport? Need to rethink articulation: integrated approach to transport, vs fragmented institutions (across sectors, and levels of government)

4. Overall assessment of regulatory reform NAO, GAO, ECA, Sweden Assessment of regulators Assessment of government regulatory policy: evaluation of impact assessments US UK, European assessment of RIA Cost versus expenses in burden reduction initiatives and their outcomes Broader economic debate than just infrastructure

Conclusions Daily bread of SAI and core area of business Designing independent and effective regulators : The need for high quality regulation in a broad sense Analysis need to respect national institutional settings while adopting international standards In the developed economies, the new fiscal situation of public finances will require closer scrutiny In the emerging economies, rapid growth is creating opportunities which should not be wasted Political momentum of the fight against corruption