Colombia
Overview and recent developments
Colombia has gradually embedded the regulatory practices enshrined in the policy document CONPES 3816/2014 and the National Development Plan which set out the regulatory reform agenda. The strategy includes establishing an institutional mechanism to promote regulatory quality, building capacities for RIA, carrying out RIA for subordinate regulation, requiring regulators to consult with stakeholders prior to the issuance of regulation, and reducing administrative burden.
Currently, each Ministry uses their own website to acquire comments from the general public. The consultation mechanisms include consulting with interest groups, having informal sectoral consultations and roundtables at different stages of the regulatory process. Colombia could benefit from consolidating the plans on having a centralised public consultation system (SUCOP) which would aid in systematising the requirement to consult with stakeholders.
Regarding regulatory impact assessment, the government of Colombia has started its implementation focused on technical regulation with views to expanding it and making it mandatory for subordinate regulation during 2018. Ex post evaluation has been gradually implemented by the regulatory agencies in telecommunications, energy and water.
Indicators presented on RIA and stakeholder engagement for primary laws only cover processes carried out by the executive, which initiates approx. 13% of primary laws in Colombia. There is no requirement in Colombia for conducting RIAs or consultation to inform the development of primary laws initiated by parliament.
The institutional landscape for regulatory policy in Colombia is divided into three oversight institutions: The National Planning Department (DNP) is responsible for systematic improvement and advocacy across the government, issuing guidance on regulatory management tools and ensuring co-ordination amongst entities. The mandate of the Public Function Administrative Department (DAFP) includes identifying policy areas where there is possibility for reducing red tape. The Ministry of Trade, Industry and Commerce is in charge of the National Quality Subsystem that covers the development of technical regulation. It oversees public consultation on technical regulation and, starting in 2018, also ex ante evaluations in co-ordination with the guidance of the DNP.
Notes: The more regulatory practices as advocated in the OECD Recommendation on Regulatory Policy and Governance a country has implemented, the higher its iREG score. The indicators on stakeholder engagement and RIA for primary laws only cover those initiated by the executive (13% of all primary laws in Colombia). Data for 2016 are only available for the indicator for stakeholder engagement in developing subordinate regulations.
Source: Indicators of Regulatory Policy and Governance Survey 2017, Indicators of Regulatory Policy and Governance (iREG) for Latin America 2016; http://oe.cd/ireg.