Annual report 2010

Advice on the reduction of regulatory pressure

Advice on the reduction of regulatory pressureAnnual report 2010

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Recent publications of Actal are illustrated with photographs. This photography was based on a metaphor for the reduction of regulatory pressure or the work of Actal.

This publication contains a selection of those photographs. In this way, the link is established with the investments made in the past for successful regulatory pressure policy in the future.

Contents

Foreword 5

1 Summary 72 Developments in 2010 93 Advice on regulatory proposals 184 Strategic advice 215 Reduction in regulatory pressure at local level 306 Reduction in regulatory pressure at international level 35

Annexes1 Advisory opinions 382 Studies 39

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Foreword

The Hague, March 2011

In 2010, the starting signal was issued for a new phase in Dutch policy for restricting regulatory pressure on entrepreneurs, professionals, citizens and fellow authorities. By placing these target groups in the spotlight in our strategic analyses, a clearer picture has emerged of how regulatory pressure can be noticeably reduced. By combining a chain approach (interaction between: policy, implementation and supervision) and a cluster approach (an integrated and context-based inventory of a single target group, such as school heads), total regulatory pressure has been made visible. This means that an adequate approach leading to a structurally low level of regulatory pressure is within our grasp.

The Dutch approach to reducing regulatory pressure has increasingly entered the stage in which any further approach will infringe more often on (political) policy considerations. With the broadening of the mandate of Actal, in its capacity as independent and external advisory body, the organization will have to be even more alert to this possibility.

Traditionally, Actal is above all known for assessing the consequences of (central) government proposed regulations, in terms of regulatory pressure. This is an important role that since 2000 has been fulfilled in a manner perceived as clearly meaningful by the Cabinet, Parliament and other stakeholders. On an international level, the methods and approach have received recognition and been broadly followed. It has however now emerged that as well as considering the consequences for administrative burdens, it is also important to include other forms of regulatory pressure, such as substantive compliance costs and the costs of supervision. In addition, increased attention has been focused on other sources of regulatory pressure such as Europe and fellow authorities (provinces, water boards and municipal (sub)districts).

Actal is convinced that partly thanks to its extended mandate, new opportunities are emerging for structurally and noticeably reducing regulatory pressure on entrepreneurs, professionals, citizens and fellow authorities. Actal is pleased to be able to contribute to reducing regulatory pressure by combining the knowledge and experience acquired over more than a decade with our renewed ambitions.

S.R.A. van Eijck T.R.C. de Lange E. HelderChairman of the Board Board member Board member

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1 Summary

The year 2010 saw the conclusion of a decade of regulatory pressure policy in the Netherlands, and the start of a new phase. The timeline 2010 shows the intensive response from Actal to the developments in the Netherlands.

With its advisory opinions and initiatives, Actal has provided useful building blocks to administrators and lawmakers, on the basis of which substantive content can be determined for the next phase of regulatory pressure policy. Actal has also described the pillars on which the implementation of this policy can be based locally, nationally and internationally. These efforts were undertaken based on the knowledge that on 1 June 2011, Actal will have to bring its work to its natural conclusion.

Timeline 2010

Netherlands Actal advisory opinions and initiatives 14 January Progress report on regulatory pressure on businesses 11 February Local ambitions for reducing regulatory pressure Fourth Balkenende Cabinet tenders 20 February resignation Local Council elections 3 March 5 March Progress report on service provision, regulatory pressure and information policy 12 April Towards a system of impact assessments for proposed policy and legislation Final reports reduction of regulatory pressure April 2 June Assuring the zero option in new policy 4 June Reducing regulatory pressure in election programmes Elections for the House of Representatives 9 June 24 June Seminar Effective approach to regulatory pressure beyond 2010 20 July Reducing regulatory pressure in new Cabinet policy 27 August Increased municipal attention for approach to regulatory pressure 27 September School heads unchained Entering into office of Cabinet Rutte-Verhagen 14 October 29 October Rich past, promising future for the reduction of regulatory pressure • Third internalization study • Anchoring of the ex ante review • Evaluation Actal 2007 – 2010 12 November Strengthening Dutch EU policy preparation in order to curb European regulatory pressure 22 November Coalition agreement and limiting regulatory pressure

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Looking back over the past few years we see that the sphere of operations of Actal has undergone tremendous development. At the start, in 2000, Actal was only authorized to consider the consequences of proposed regulations on administrative burdens for businesses. In the first expansion in 2004, this mandate was broadened to include the consequences of existing regulations on the administrative burden for businesses. A second expansion took place in 2005. Since then, Actal has also been authorized to issue advice on the consequences of proposed and existing regulations on the administrative burden for citizens.

In 2008, the strategic advisory task of Actal was further expanded. From that moment onwards, Actal was authorized to issue strategy advice on the entire area of regulatory pressure. This for example relates to the development and application of the integral assessment framework, the reduction of regulatory pressure on professionals. Also since 2008, Actal has been tasked with issuing advice to all levels of government on all areas of regulatory pressure.

In 2008 and 2009, Actal entered into covenants with ministries on ex ante reviews. As a consequence, the ministries themselves were given greater responsibility. From mid-2011 onwards, Actal will no longer be assessing all regulations on an ex ante basis, but will exclusively carry out a system review. The ministries themselves will then bear full responsibility for addressing regulatory pressure. In this system review, Actal will however be able to make use of the knowledge and experience accrued through the evaluation of the covenants. In 2010, greater focus was placed on issuing advice from the perspective of citizens and businesses. In this way, Actal aims to contribute to the increased perception of lower regulatory pressure.

The Rutte-Verhagen Cabinet has also given Actal a new task. On the basis of specific complaints, Actal will act as external assessor, whereby naming and shaming become clear possibilities. Furthermore, for a restricted number of major dossiers, Actal will issue ex ante advice on proposed regulations. In the spring of 2011, a decision will be taken on the new mission and name for Actal.

annual report 2010 | Summary

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2 Developments in 2010

Introduction2010 was hallmarked by the change of Cabinet. This meant the end to a phase in the reduction of regulatory pressure. Preparations were also made for further restricting regulatory pressure. In both respects, Actal made its contribution. This chapter brings together the old and new phases, and the initiatives undertaken by Actal in 2010.

Review of regulatory pressure policy, fourth Balkenende CabinetCabinet objectivesThe objectives for the period 2007 – 2011 for the fourth Balkenende Cabinet were as follows. In the period 2007 – 2011, administrative burdens for businesses were to be reduced by one quarter net. Whether or not this objective would be achieved was more than half dependent on the reduction measures due to be introduced in 2010 and 2011. The fourth Balkenende Cabinet eventually succeeded in achieving about half of its reduction objective. No net reduction target was laid down for the restriction of substantive compliance costs. For supervisory burdens, a domain-based approach was chosen, and a reduction target of 25% was set for the period 2007 – 2011. The administrative burdens for citizens were set to be reduced by a net total of 25% in the period 2005 – 2011. This target was fully achieved in terms of time and almost in terms of costs. The interagency burden fell by 25% net in the period 2007 – 2011. In terms of administrative burdens for professionals, the Cabinet wanted to solve the top 5 bottlenecks in 16 profiles.

Advisory opinion Progress report on regulatory pressure on businesses At the start of 2010, Actal issued an advisory opinion on the progress of reducing regulatory pressure on businesses. The conclusion of the opinion is that the fourth Balkenende Cabinet had set the right course, but was moving forward too slowly.

Actal issued advisory opinions on managing the risks in achieving the targets, and considered increasing the noticeability of the reduction in administrative burden using ICT applications, restricting substantive compliance costs and supervisory burdens. Actal further recommended employing common commencement dates and minimum implementation periods, and demonstrating the results of the ideas. Finally, Actal’s advice considered the Certificate of good service provision. This is a tool that enables municipalities to improve their service to businesses. Actal recommended reviewing the possible implications of employing the Certificate of good service provision for other public service-providing bodies.

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annual report 2010 | Developments in 2010

Advisory opinion Progress report on service provision, regulatory pressure and information policyOn 5 March 2010, Actal published its Advisory opinion Progress report on service provision, regulatory pressure and information policy. In this opinion on the reduction of regulatory pressure in the public domain, Actal expressed its concern about the route chosen and the pace with which administrative burdens for professionals and interagency burdens were being reduced. Actal called for attention for the uniformity of the measuring instruments and the laying down of a qualitative target. The opinion also relates to securing the established knowledge and experience, for the benefit of both the national and international playing field.

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Developments in 2010 | annual report 2010

Final reports In April 2010, the caretaker fourth Balkenende Cabinet presented the Dutch House of Representatives with the Final report Regulatory pressure on businesses and the State of affairs in tackling regulatory pressure on citizens, professionals and fellow authorities, improved service provision and improved information policy. Partly in connection with the establishment of the new Cabinet, the reports were not discussed by the Dutch House of Representatives in 2010. In its advisory opinions during the second half of 2010, Actal also focused its attention on the future approach by the new Cabinet.

Reduction of regulatory pressure in election programmes The successful reduction of regulatory pressure starts with the formulation of political ambitions. With a view to the elections for the Dutch House of Representatives and the establishment of a new Cabinet, in various different ways and at different moments, Actal called for an ambitious approach in reining in regulatory pressure. For example, Actal assessed the programmes of 11 political parties for the elections in June 2010. Actal operated the same procedure as in previous studies for the elections for the European Parliament and the local council elections.

From this study it emerged that the People’s Party for Freedom and Democracy (VVD) has focused most attention on reducing regulatory pressure. The VVD has emerged as most aware of the importance of reducing regulatory pressure and has issued specific proposals that should have effects on businesses, citizens and professionals. In this aspect, VVD is followed by the Christian Democratic Appeal (CDA), the Labour Party (PvdA), the Christian Union (CU) and Democrats 66 (D66).

Practically all parties did focus attention on reducing regulatory pressure. There was considerable support for such policy objectives, but for only a limited number of parties was it a real policy spearhead. Reducing regulatory pressure on businesses received

To promote recovery of the economy and government finances, and at the same time to increase confidence of citizens, businesses and professionals in government, the Cabinet must reduce regulatory pressure.

CDA

PvdA SP

VVD

PVV

Gro

en li

nks

CU D66

PvdD SG

P

Trot

sNL

100

90

80

70

60

50

40

30

20

10

0

Comparison total score attention for reduction regulatory pressure in election programmes

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annual report 2010 | Developments in 2010

proportionately more attention than reducing regulatory pressure on citizens. In their programmes, the parties also included measures that will increase burdens. However, these effects were not explicitly mentioned in the election programmes, and no compensatory proposals were made. On the basis of the study, Actal recommended that in the coalition agreement, the new Cabinet should reach sound and above all specific agreements on the way in which a real reduction in regulatory pressure can be achieved.

Advisory opinion on reducing regulatory pressure in new Cabinet policyAlso with a view to the installation of a new Cabinet, Actal considered international trends in the approach to reducing regulatory pressure. In June 2010, Actal organized the international seminar Effective approach to regulatory pressure beyond 2010. The purpose of the seminar was to learn from foreign experiences in the approach to regulatory pressure, and to make recommendations to the new Dutch Cabinet for the period beyond 2010. Presentations were made by the minister of Finance, Jan Kees de Jager, Mr Edmund Stoiber, chairman of the High Level Group on Administrative Burdens that advises the European Commission on administrative burdens, and Mr Aart Jan de Geus, deputy Secretary General of OECD. In tackling regulatory pressure in the future, considerable support emerged for the role and the independent position of both Actal and its sister organizations - the German National Normenkontrollrat, the Swedish Regelrådet and the British Regulatory Policy Committee.

Actal translated these national and international findings into an advisory opinion that was presented to the mediators (‘informateurs’) responsible for assessing the feasibility of the future Cabinet, on 20 July 2010. The opinion contained 4 pillars for future regulatory pressure policy: 1 A no-growth norm for new regulatory pressure (as net quantitative target). This implies

that on balance, new legislation and regulations will not result in new regulatory pressure.

2 A reduction target for existing regulatory pressure. This can be achieved by determining which actions should be taken in specific policy fields and/or in specific sectors (for example care and education), in consultation with employers, employees and professionals. The reduction target is formulated as a quantified net target in (billions of) euro for the next four years.

3 Introduction of a regulatory pressure assessment. There is explicit attention for regulatory pressure right across the board in central government policy in the form of ex ante regulatory pressure assessment. This assessment establishes a clear picture of the consequences of proposed legislation and regulations in quantitative terms (in euro).

4 External and independent monitoring of regulatory pressure. The regulatory pressure assessment is above all effective if the consequences of legislation and regulations on regulatory pressure are clearly identified, in advance. The quality of such assessment can best be safeguarded by an external, independent, authoritative body. This body should also be able to give specific suggestions for further reductions in regulatory pressure.

Regulatory pressure policy Rutte-Verhagen CabinetCabinet objectivesOn 14 October 2010, the Rutte-Verhagen Cabinet was installed. In the Coalition agreement ‘Freedom and responsibility’, targets have been laid down for reducing regulatory

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Developments in 2010 | annual report 2010

pressure. The Cabinet has set itself the target that by 2012, the administrative burdens and regulatory pressure on businesses must have been reduced by 10%, as compared to 2010. Beyond 2012, regulatory pressure on citizens and businesses should be reduced by 5 percent each year. Regulatory pressure on professionals and interagency burdens should also be further reduced. It will be up to the minister of Economic Affairs, Agriculture and Innovation and the minister of the Interior and Kingdom Relations to ensure that these targets are met.

Coalition agreement and limiting regulatory pressureActal offered the Cabinet assistance by giving an insight into the feasibility of the reduction targets. Actal investigated which policy proposals from the coalition agreement could have consequences for regulatory pressure. It was also investigated whether these proposals would lead to a reduction or an increase in regulatory pressure on citizens, businesses and professionals, and in the interagency burdens for fellow authorities.

The conclusion of the Actal report ‘Freedom and responsibility and limiting regulatory pressure’ is that the coalition agreement has a high likelihood of reducing regulatory pressure in the Netherlands. Opportunities are particularly prevalent in the economy chapter. The risk of increased regulatory pressure lies above all in the field of immigration. In one of the first advisory opinions to the new Cabinet and the new Parliament, Actal recommended laying down the following agreements and rules of play: • Ensuring sound embedding of attention for regulatory pressure within the

departments, and establishing a solid control function within the Cabinet;• Formulating quantitative reduction targets for dealing with regulatory pressure on

citizens, professionals and fellow authorities;• Establishing specific and accountable agreements on compensating for possible

increases in regulatory pressure, so that at the very least a no-growth-norm is maintained;

• Introducing an ex ante regulatory pressure assessment that charts out the consequences of laws and rules, in quantitative terms.

Rich past, promising future for the reduction of regulatory pressureIn the lead-up to the elections for the House of Representatives and during the process of establishing the Cabinet, Actal concluded a number of major studies resulting in the Advisory opinion Rich past, promising future for the reduction of regulatory pressure, published on 29 October 2010. In this opinion, Actal offers the new Cabinet a number of essential handholds for the organizational structure of the regulatory pressure approach. The opinion brings together the findings of the Actal Evaluation and two studies – the internalization study and the anchoring of the ex ante review.

Third internalization studyThe internalization study gives an insight into the knowledge, attitude and conduct of civil servants. The idea is that the reduction of regulatory pressure should be achieved by civil servants, whereby this should preferably take place as early as possible in the policy making process. The study is based on a survey among almost 1,000 civil servants, spread across the (relevant) ministries. The study is a continuation of similar measurements in 2005 and 2006.

The conclusion of the internalization study 2010 is that the average internalization is 56 percent. This represents a further rise as compared to the measurements in 2005 and 2006. More than 70 percent of civil servants believe that the reduction of administrative burdens

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annual report 2010 | Developments in 2010

for businesses and citizens should also be a priority for the new Cabinet. Only one quarter of respondents believes that focus on administrative burdens can also be retained without the (external and independent) safeguarding function.

The study reveals that new civil servants achieve lower scores for internalization than their more experienced colleagues. Civil servants in regular contact with the target groups of policy achieve higher scores. Civil servants that have submitted proposals to Actal for assessment achieve relatively favourable scores for knowledge, attitude and conduct.

The degree of internalization varies from department to department. The study took place before the departmental restructuring in 2010. As a consequence, the old names of departments appear in the study. The Ministry of Education, Culture and Sciences achieved the highest score at 64%. The Ministry of Foreign Affairs scored lowest (43%). Development of internalization is therefore generally speaking moving forward in small steps. As compared to the previous measurement, only the Ministries of Housing, Spatial Planning and the Environment and of Social Affairs and Employment achieved a lower score. The score for the Ministry of Agriculture, Nature and Food Quality remained the same.

The figure below shows the score for the underlying dimensions of internalization (knowledge, attitude and conduct).

On the basis of the internalization study 2010, as well as the (public) combined report, a separate report was drawn up for each department. Actal sent a tailor-made advisory opinion to the various departments based on those separate reports. These departmental reports and recommendations were sent to the relevant minister (and were not published). Actal organizes meetings with all relevant ministers on the recommendations.

Total average

KnowledgeAttitudeConduct

Foreign Affairs Education

General

Environment

Justice

Agriculture

Health Interior

Social Affairs

Economic Affairs

Finance

Transport

80

70

60

50

40

30

20

10

0

15

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annual report 2010 | Developments in 2010

Anchoring of ex ante reviewIn respect of proposed regulations, Actal has always occupied a central role in the ex ante review of the consequences for administrative burdens. During the past Cabinet period, Actal undertook to reach agreement with the ministries that they would themselves become responsible for these ex ante reviews. The point of departure was the quality of the dossiers in combination with the departmental guarantee process that had to comply with 6 criteria. If both aspects offered sufficient security, Actal agreed with the department in question that the ex ante review could be undertaken within the ministry itself, and that Actal would evaluate the outcome of the agreement. These agreements were laid down in a covenant between Actal and the ministry in question. In 2008 and 2009, Actal entered into covenants with the following 6 (former) departments:• Agriculture, Nature and Food Quality;• Housing, Spatial Planning and the Environment and Housing, Communities and

Integration;• Justice; • Education, Culture and Sciences; • Economic Affairs; • Health, Welfare and Sport and Youth and Families.

In the evaluation of the covenants, above all the quality of dossiers relating to proposed regulations was assessed. On the basis of the dossiers assessed at Economics Affairs, Justice and Education, Culture and Sciences, Actal was able to report promising developments in these departments. The evaluations of the ministries that had been responsible for the longest period for the ex ante reviews, Housing, Spatial Planning and the Environment and Agriculture, Nature and Food Quality, gave grounds for additional agreements. It was not yet possible to evaluate Public Health, Welfare and Sport, because during the covenant period, there had only been one dossier with consequences for regulatory pressure.

Evaluation of ActalActal was established on the basis of the Advisory Bodies Framework Act. This Act stipulates that advisory bodies must submit an evaluation report to the responsible minister every 4 years. In connection with the collapse of the fourth Balkenende Cabinet, Actal received the request to bring forward the implementation of its evaluation in order to

criteria for structural anchoring

1 An internal administrative burden team carries out the Actal review. 2 The review of consequences of administrative burdens can be independently

identified.3 A member of the ministry management is responsible. 4 The ministry keeps its know-how on the reduction of administrative

burdens up to standard. 5 The ministry keeps a systematic record of developments in the

administrative burdens, maintains the ceiling and works together on this with the coordinating ministries.

6 The ministry periodically examines all existing legislation and regulations for possibilities for further reducing administrative burdens.

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Developments in 2010 | annual report 2010

enable the next Cabinet to include its findings in the new approach to regulatory pressure. The firm K+V carried out the evaluation. On 14 October 2010, Actal submitted the Evaluation Report to the responsible ministers and Parliament.

It emerged from the evaluation that Actal had implemented its tasks efficiently and effectively. As a consequence, Actal was able to contribute to the positive development of internalization of attention for regulatory pressure within departments. This internalization is however still fragile. For those reasons, the approach to regulatory pressure calls for permanent attention. The ex ante review of administrative burdens is therefore considered essential and valuable. The researchers recommended broadening the perspective of the assessment to include regulatory pressure. The researchers also pointed out the need for a sound balance between the importance of the dossier and the importance of the assessment. According to the researchers, the position of Actal as a strategic advisory body requires further underpinning. It was also suggested that Actal represents an additional channel for drawing attention to the consequences of regulations at central government level for burdens at other administrative levels. Finally, in the report, the international activities of Actal were linked to the international reputation of the Netherlands as a country where active efforts are being undertaken to reduce regulatory pressure. Actal makes every effort to place and keep the reduction of regulatory pressure on the international agenda.

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3 Advice on regulatory proposals

Introduction In advising on regulatory proposals, other accents have been placed. This chapter deals with developments in advice on national regulatory proposals.

National regulations In 2010, Actal fulfilled its advisory task in respect of regulatory proposals in the traditional manner for those departments with which no covenant was entered into. This meant that in 2010, above all dossiers concerning regulatory proposals from the Ministries of Finance, Social Affairs and Employment and Transport, Public Works and Water Management were processed. The Ministries of General Affairs and Defence submitted no regulations with consequences for regulatory pressure on businesses or citizens.

In 2010, Actal issued 11 advisory opinions on departmental regulatory proposals. There were almost the same number of positive as negative opinions (2 opinions with the ultimate conclusion ‘yes’, 4 with the ultimate conclusion ‘yes, but only after, and 5 opinions with the ultimate conclusion ‘no, unless’).

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Advice on regulatory proposals | annual report 2010

In evaluating the 6 covenants, Actal also kept a close eye on the relevant departments. Actal undertook this evaluation in close collaboration with the 6 departments concerned. In Actal’s reaction to the relevant ministers, attention was focused on procedural and substantive findings. In this way, a picture was established of the grasp each department has of the (numbers of) dossiers with consequences for regulatory pressure and possible points for improvement. These issues were discussed in administrative consultation meetings with the relevant ministers and in certain respects led to additional agreements.

House of RepresentativesA trial is currently underway in the House of Representatives in which amendments are submitted to Actal for advisory opinion. This is demonstration by the House of Representatives of its wish to contribute to restricting regulatory pressure. The opinions relate to the entire policy field of regulatory pressure. The opinion relating to the Spies amendment, for example, concerned other compliance costs. This amendment to the change to the Gas and Electricity Act was aimed at improving transparency on the financial situation of network operators. Actal recommended establishing a clearer picture of the consequences of this proposal, assuming electronic publication, and further investigating less burdensome possible alternatives. The minister for Economic Affairs advised against the amendment, because ‘it would result in duplicate regulation’. The intended insight is after all already achieved on the basis of the Network Operators (financial management) Decree. The amendment was not put to the vote.

In 2010, Actal issued 6 advisory opinions on amendments. The ultimate conclusion in 3 opinions was ‘yes’. The other opinions received either the ultimate conclusion ‘yes but only after’, or ‘no unless’ and ‘no’.

Also in 2010, Actal issued an advisory opinion in respect of one private member’s bill. The private member’s bill in question related to the selling on of entrance tickets. The special feature of this bill was that it was submitted in May 2008 by MPs Gerkens and Van Vroonhoven-Kok. The reason for calling in Actal was the question by MP Van der Burg during the first stage of the plenary discussion of an Actal opinion of the bill. On 17 March 2010, Actal issued a ‘no, unless’ opinion. In respect of this bill, the following issues needed further clarification: • Which information entrepreneurs are required to issue at what moment.• Whether and to what extent the details in annual reports are sufficient, and no

additional call for details is required, for effective supervision.• How supervision by the Consumer Authority can be effectively implemented, so that

the objective of the bill is achieved, and any administrative burdens imposed are not superfluous.

• What consequences the private member’s bill will have for the administrative burdens on citizens objecting to the high price of an entrance ticket.

ConclusionBased on the opinions on regulatory proposals issued by Actal in 2010, and experiences with the covenants, it emerges that it continues to be vital to ensure that new regulations on balance do not cause new regulatory pressure, and as such, a no-growth norm is employed for new regulatory pressure. In 2011, Actal will be redesigning this advisory task, so that the system review can be carried out, and advisory opinions issued on important dossiers of regulatory proposals.

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4 Strategic advice

IntroductionIn its Work Programme 2010 Actal formulated two spearheads for its strategic advisory role: ‘the chain of policy, implementation and supervision’ and ‘from tunnel vision to funnel vision’. The purpose of strategic advice is to ensure that in drawing up legislation and regulations, lawmakers focus on businesses, citizens, institutions and professionals. Lawmakers must view the policy-implementation-supervision chain as a uniform entity, and keep a clear vision on the entire cluster of legislation and regulations facing businesses, citizens, institutions and professionals. Strategic advice also relates to special subjects of key importance in reducing regulatory pressure, such as local and international developments. This chapter deals with the strategic advice issued by Actal on request and on its own initiative, with a view to reducing national regulatory pressure.

This chapter discusses 3 categories of advice: 1 Securing the process of policy preparation2 Specific policy fields3 Specific policy instruments.Two further strategic initiatives from 2010 are explained at the end of the chapter.

Securing the process of policy preparationTowards a system of impact assessments for proposed policy and legislationSince 2008, Actal has been tasked with advising the Cabinet and Parliament on the development and application of the Integral Assessment Framework. Actal very much favours an integrated assessment of legislation and regulations. The purpose is to ensure a transparent consideration of alternatives according to a broad range of social aspects. Similar considerations are made in systems abroad, known as Regulatory Impact Assessments (RIAs).

In April 2010, Actal issued the Opinion ‘Towards a system of impact assessments for proposed policy and legislation’. The opinion is based on a study into the needs of users of integral analyses for policy and legislation. The key users (MPs, (former) ministers, civil servants and stakeholders) were asked whether they saw a need for such a system. Their comments included the scope of the analysis, the possibilities for consultation and the design of reports, and supervision.

It emerged from the study that there is a real need for an impact assessment system in which policy and regulations are ‘evidence-based’. There is broad support among the users for including relevant alternatives in the analysis, and for concise reporting. In the analysis system, the proportionality and reliability of the analysis must be guaranteed. The study report also deals with the parameters and risks of the system. Actal calls for the development and introduction of an integrated and ‘evidence-based’ analysis system for proposed policies and regulations, based on the following minimum requirements:

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annual report 2010 | Strategic advice

• Lawmakers must consistently quantify all important effects.• Lawmakers must consider relevant alternative policy instruments (including

assessment of the zero option).• Lawmakers must at least produce a concise report of the analysis (results).• Stakeholders must be involved and consulted at an early stage.• There is sound supervision, also of the consistent application of the analysis system.According to Actal, the current version of the Integral Assessment Framework insufficiently meets these conditions.

Assuring the zero option in new policyIn the spring of 2010, the Opinion ‘Assuring the zero option in new policy’ was published. The basis for this opinion was the study into consideration of the zero option in ministerial decrees. The study dealt with the way in which, in new policy, consideration is given in advance to the question whether this is a task for the government, and whether, in the specific case, legislation is the most suitable instrument. By consistently carrying out this analysis ahead of any new policy, it is possible to prevent superfluous or unnecessarily burdensome legislation and regulations being introduced.

The study deals with the assessment of ministerial decrees. The reason for this is that ministerial decrees are not subject to any external monitoring of the assessments made. In that respect, the system of safeguards deviates from laws and orders in council, in respect of which the Ministry of Justice and the Council of State assess the zero option in the framework of legislative quality and the policy-analytical assessment.

A study of 350 ministerial decrees shows that in not a single ministerial decree did explanatory statements contain an explicit assessment of the zero option. In addition, the investigated explanatory statements were examined for passages that could be viewed as implicit assessment. The results of this examination too offered little reassurance. Of the investigated schemes, in 17 percent of the explanatory statements, a passage was identified that could be viewed as (implicit) assessment of whether or not this is a government task. An implicit assessment of the choice of instrument was found in 8 percent of explanatory statements. Actal has recommended that such assessments be explicitly included in the explanatory statements.

Following further examination of the cases in which assessments were carried out, it emerges that the reasons given often have a technical and formal character. There is little or no evidence of substantive assessments, focused on social necessity and consequences. Actal has argued that all substantive assessments be carried out in such a way that the social added value of the proposed policy and the policy instruments selected occupy a central position.

Finally, the study reveals that assessment of the zero option in ministerial decrees, in cases where assessment is the task of the ministry itself, is generally insufficient or left out entirely. For that reason, Actal has recommended externally safeguarding assessment of the zero option in ministerial decrees.

A third opinion in the category Securing the process of policy preparation relates to Strengthening Dutch EU policy preparation in order to curb European regulatory pressure. This opinion is explained further in chapter 6.

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Specific Policy fieldsDraft Decree Single Payroll Tax ReturnThe ‘Single Payroll Tax Return’ proposal on which Actal had already advised the minister of Social Affairs and Employment in 2009 was concluded in 2010. At the start of 2010 (in a letter dated 4 January 2010 and via a hearing on 13 January 2010) Actal explained its position to the House of Representatives. Actal observed that it is uncertain whether the regulations relating to Single Payroll Tax Return would be sufficient to render unnecessary additional requests for information by the benefits agency UWV for determining the day rate. It was also outlined that doing away with adjustment notices would not result in any noticeable reduction of the administrative burdens, since the production and submission of adjustment notices is an entirely automated process. Simplification of the details and salary administration would perhaps be able to bring about the desired noticeable reduction in administrative burdens.

In response to the reservations expressed by Actal, the employers’ organization VNO-NCW and the software developers, the Cabinet decided not to have the Single Payroll Tax Return come into effect on 1 January 2011. Instead it was decided to have a further investigation carried out into the comments made. On the basis of the results of a combined study by the Tax and Customs Administration and UWV, on 30 November 2010, the Cabinet decided to withdraw the introduction of the Single Payroll Tax Return. The Cabinet observed that there was no longer any necessity for regulation on Single Payroll Tax Returns. The decisive factor for the Cabinet was that the investigation showed that the number of adjustment notices in 2010 had already been considerably reduced, and that on the basis of existing policy rules, no additional requests for information were necessary. There was therefore no more need for regulation. The Cabinet will now focus on the further simplification of salary administration and the salary details, by taking steps towards harmonization of the wage concept and the introduction of lump sum wage tax.

School heads unchainedDuring the summer months, Actal investigated the regulatory pressure experienced by school heads in primary education, secondary education and vocational and adult education. This investigation tied in with the goal of reducing regulatory pressure on professionals.

From the perspective of the school head, the playing field looks highly fragmented. In his work, the school head has to deal with at least nine different categories of oversight bodies: Ministry of Education, Culture and Science, Education Inspectorate, Education Executive Agency (DUO), other ministries, umbrella organizations, municipality, regional Reporting and Coordination function, school board and parents. These parties all demand accountability on different issues, such as financing, educational performance, own personnel, duty of care, subsidies, accommodation.

The government sections can restrict their accountability demands by establishing performance agreements. To reduce regulatory pressure on the educational sector, Actal issued the advisory opinion ‘School heads unchained’. The opinion suggests:• Organising the approach to reducing regulatory pressure on the educational sector

in a programmed manner, and as Ministry of Education, Culture and Sciences, taking overall command;

• Avoiding overlaps in accountability by (1) not stacking horizontal and vertical accountability and (2) ensuring that information is only requested once from the school head;

Strategic advice | annual report 2010

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• Reducing the accountability burdens of subsidies by financing as much as possible via the lump sum;

• Introducing a lower frequency of inspection in combination with an alert system and a more strict regime of sanctions.

In response to parliamentary questions from the Socialist Party (SP) on the Actal opinion, the minister for Education, Culture and Sciences replied that a number of the recommendations tie in with current improvements that will certainly be implemented. Possibilities of implementing other points in the Actal opinion were being investigated.

Regulatory pressure and sustainable procurementOn 1 June 2010, Actal received a request to issue an advisory opinion on the administrative burdens of the policy relating to sustainable procurement by Central Government. In drawing up the opinion, it emerged that there is broad support in society for the government striving for sustainability. The role foreseen by the previous Cabinet for the government is that of ‘launching customer’. The instrument chosen was sustainable procurement based on criteria documents, whereby the government takes its procurement decisions on the basis of environmental criteria and social criteria. This choice of instrument has major consequences for regulatory pressure on businesses, while there is considerable uncertainty about the degree to which the policy instrument actually contributes to the policy objective of sustainability. The Actal opinion therefore reads:• Scrap product criteria that match valid legislation and regulations.• Establish transparency in relation to ambitions on sustainability and specify the

sustainability objectives that entrepreneurs will have to comply with, within what timeframe.

• Do not continue procurement policy on the basis of sustainability criteria, if it has not yet been determined that for the sector in question this will actually contribute to improved sustainability.

Specific Policy InstrumentsICT policy and reduction of regulatory pressureThe objective of noticeably reducing administrative burdens will be continued by the Rutte-Verhagen Cabinet, by achieving a 10% reduction in administrative burdens by 2012 by simplifying the wage concept, lump sum wage tax, and profit tax return. To achieve part of this reduction, the use of ICT will be required.

In 2010, Actal investigated the effects on regulatory pressure of problems relating to the preparation and management of, approach to and responsibility for ICT projects by government. It was determined in that investigation that a proportion of the estimated reduction will either not be achieved or only subject to delay, as a result of setbacks in the ICT projects. It also emerged that the assumption that the use of ICT automatically results in a burden reduction is incorrect, because users often experience difficulty in implementing the new provision.

‘As a caterer, you are required to offer organic and/or sustainable products, but if I include products from market gardening under glass they do not count, because no certificate is available. Specifically these products could be viewed as sustainable because the production process by market gardeners under glass is designed in such a way that energy is produced instead of being consumed …’

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In its advisory opinion on ‘ICT policy and reduction of regulatory pressure’, Actal therefore recommended involving users in the development of ICT and drawing up business cases for each user segment, which demonstrate the advantages for citizens and businesses generated by the use of the new provision. Because ICT projects by government are often technically complex, it often proves necessary to adjust the requirements at a later stage – during development. Actal recommended carrying out a new cost-benefit analysis in those cases taking account of the net benefit for government, businesses and citizens. For the same reason, Actal also recommended first developing small-scale facilities that lead to demonstrable advantages for specific users. These facilities could subsequently be broadened to cover other user groups. In this way, Actal offered the Cabinet a number of additional handholds for improving the e-government programme, and maintaining a clearer view of the intended effect for example for citizens and businesses.

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Certification and regulatory pressureThe Cabinet requested Actal to issue advice on ‘the sources of regulatory pressure’. To gain an insight into the consequences of certification on regulatory pressure, Actal investigated the existing certification systems in the Netherlands. The investigation was aimed at the systems with a direct or indirect link to legislation and regulations. The results of the investigation were laid down in the report Certification and regulatory pressure.

Certification need not necessarily result in lower regulatory pressure. The (direct or indirect) link between certification and legislation and regulations in fact engenders the following risks:• The risk of stacking in implementation:

- Stacking of the obligations on the entrepreneur to cooperate in (evaluation) studies and to provide information;

- Stacking of public and private supervision and/or enforcement in implementation of the schemes;

• The risk of stacking of standards (private standards of the certification system are supplemented with public standards by legislation and regulations).

These risks are further amplified if different levels of administration are involved and/or if the standards are insufficiently clear and verifiable.

At the start of December 2010, Actal advised the Cabinet to be cautious in respect of certification in introducing additional government standards and government supervision, and to consciously assess the risks for regulatory pressure. It was also recommended that an assessment framework be developed for the deployment of certification as a policy instrument. This assessment framework should be aimed at specifically assessing the risk of unnecessary regulatory pressure, and countering misuse and the incorrect use of the certification instrument. The study revealed that central government has no clear idea of which certification systems are in fact linked to legislation and regulations. This reduces the possibilities of deploying certification as a tool for reducing regulatory pressure. Against that background, it was also recommended that the assessment framework be used in charting out the existing arrangements, and in reassessing whether these arrangements are in fact as burden-free as possible. Finally, it was suggested that in the consultation (for example of the branch/sector) on the proposed policy, clearer attention should be focused on the expected effects of these links on regulatory pressure.

Introduction of sunset legislationIn the request for advice ‘trust approach’, the Cabinet wrote that there is a clear wish to continue reducing regulatory pressure on businesses, from the point of view of a trust approach. In the framework of this approach, Actal was asked to look into the possibilities of sunset legislation. Sunset legislation is temporary legislation/regulation that loses its legal force at a predetermined moment. Continuation is only possible if an evaluation demonstrates that the legislation remains necessary. Extending the period during which the law remains in force calls for a new decision. To be able to offer an insight into the possibilities of actually restricting regulatory pressure by means of a sunset provision, Actal investigated the applicable parameters. The report A closer look at sunset legislation shows that in order for sunset legislation to be introduced, two parameters will have to be met: 1 Temporariness: Sunset legislation can be deployed for developments of a temporary

nature and/or in which the result/target is met after a specified period of time.

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2 Uncertainty: The period within which the results of the legislation can be achieved is uncertain and/or there is uncertainty concerning the eventual degree to which the legislation will prove effective.

In the Advisory Opinion ‘Introduction of sunset legislation’, Actal recommends seriously considering use of a sunset clause in legislation and regulations, on condition that the two key parameters are met. To encourage use of sunset legislation, Actal also recommended taking measures that increase awareness of the possibilities of using a sunset provision. These measures for example include: • Inserting a separate instruction on ‘sunset legislation’ in the Instructions for regulations;• Drawing up an unequivocal defintion of sunset legislation and a decision tree on

sunset legislation that clarify the differences between sunset legislation, temporary legislation, and experimental regulations;

• Including the definition and decision making tree in the Integral assessment framework and anchoring these within the future impact assessment system.

Other initiatives in 2010Chronic burdensIn 2010, Actal initiated a study into regulatory pressure for elderly chronic patients and their care professionals. The central question in the study is: what possibilities are available, on the basis of more trust, for arriving at less regulatory pressure for elderly chronic patients and professionals? The study focuses on the administrative processes of application, needs assessment and accounting. The study worked on the basis of five profiles of elderly chronic patients: elderly dementia sufferers, elderly COPD patients, elderly patients with chronic heart failure, elderly patients with diabetes and elderly disabled patients.

In September 2010, the basic report was completed. Following on from this report, a case study ‘Chronic burdens’ was drawn up, focusing specially on elderly COPD patients. The case study further elaborates on the measures from the basic report for these patients, and aims to provide a specific picture of the administrative burdens remaining for these patients and their care professionals, if all trust-based measures from the basic report were to be introduced. After feeding back the results of this study to the department of Health, Welfare and Sport and a number of stakeholders in the care sector, Actal will be issuing an advisory opinion on trust-based measures in care during the first half of 2011.

The National Think Tank: TrustThe National Think Tank is an initiative whereby a multidisciplinary group of students is set the task of investigating an issue. In 2010, Actal was one of the main sponsors. The central theme for 2010 was trust: How can public organizations design interaction with citizens in such a way that a turnaround can be achieved from withdrawn and mistrustful citizens to involved and trusting citizens?

The study breaks down into five subprojects:1 Trust in the police2 Trust in the legal system3 Trust in financial security4 Trust in policy based on scientific principles5 Trust of government in its citizensActal supervised the subproject ‘Trust of government in its citizens’.

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The National Think Tank has noted that at present, communication between public organizations and citizens is still too one-sided. The relationship between citizens and public organizations remains a relationship of ‘dual one-way traffic’ rather than ‘two-way traffic with interaction’. In order to design interaction between public organizations and citizens in such a way that a greater relationship of trust is established, public organizations must adopt the role of both transmitter and receiver, in all communications. Public organizations must ensure that both the structure and culture of the organization are suitable for functioning on the basis of trust. Relationships of trust between employees of public organizations and citizens are difficult to establish if the employees themselves are not trusted or do not trust one another. Furthermore, they must be less afraid to trust to citizens.

CommunicationIn 2010, Actal opted to broaden its public awareness, and seek greater publicity. This initiative relates to international, national and local reduction of regulatory pressure. More than in the past, press releases were issued, and interviews given for example about the role and position of an independent advisory board, and developments in Dutch regulatory pressure policy. Considerable interest was shown in the strategic opinions on regulatory pressure for school heads and the regulatory pressure of sustainable procurement.

This publicity resulted in far more hits on the Actal website. Actal also contributed more frequently to conferences and meetings. The spectrum is broad: from meetings of entrepreneurs in Rotterdam through to a conference of the Dutch Association for Population Affairs, and from visits to municipalities and provinces through to a range of contacts with representatives of the interests of citizens and businesses.

Actal is constantly seeking to consult with stakeholders, and for example speaks regularly with employers’ organization VNO-NCW and other representatives of the business community. Contacts were also established with the Inspection Council, the Education Inspectorate, the General Dutch Association for the Elderly (ANBO), the Dutch Association for Population Affairs (NVVB), the Association of Netherlands Municipalities (VNG), the Association of Provincial Authorities (IPO). Meetings also took place in 2010 with Parliament, the Council of State, the Court of Audit and the National Ombudsman. In addition, at the offices of Actal in The Hague, expert panels were organized in the process of advising on the amendment of the Public Administration (Probity in Decision-making) Act (BIBOB) and Sustainable Procurement.

Public organizations recognize the importance of a good relationship with citizens, but still find it difficult to give citizens more trust and responsibilities. We must learn that we are not able to tackle all risks by introducing rules. We must not respond too quickly or without sufficient thought, but must carefully consider things before drawing up and applying rules.

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5 Reduction in regulatory pressure at local level

IntroductionThe Administrative Agreement ‘Working Together’, published in June 2007, sets down the ambition to reduce administrative burdens for businesses and citizens at local level by at least 25% by 2011. An administrative agreement has also been entered into with the provinces. Actal is not a party to these administrative agreements but, on the basis of its strategic advisory role, did contribute to achieving this objective. The Actal advisory opinions aim to help local lawmakers to automatically and independently reduce regulatory pressure. To that end, Actal maintains contacts with municipalities, provinces and their representatives including the VNG and IPO. Discussions were also undertaken in 2010 with the Queen’s Commissioner in North-Brabant. In 2010, the Actal studies into ‘Attention for reducing regulatory pressure in the programmes for local council elections’ and ‘Attention for Regulatory pressure in the coalition agreements of G31’ charted out the ambitions of the municipalities. This chapter describes the developments in 2010.

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MunicipalitiesIn 2010, municipalities continued their initiatives aimed at reducing regulatory pressure at a local level. Working with ambassadors has proven successful. By encouraging and knowledge sharing, good results have been achieved. During the second half of 2010, Actal attended meetings of regulatory pressure ambassadors, and gave a presentation on (further) opportunities for reducing regulatory pressure at local level. In this presentation, Actal drew attention to working with the so-called zero option, trust and sunset regulations. The meetings were focused on reducing regulatory pressure and improving municipal service provision. A large number of municipalities obtained the so-called Certificate of good service provision in 2010, the objective of which is to improve municipal services. At the end of 2010, VNG celebrated the conclusion of the programme Less Rules, More Service in the form of a conference. Part of the programme was the introduction of the General Subsidy Regulation. This deregulation measure has led to improved services and savings in implementation costs.

The Ministry of Internal Affairs and Kingdom Relations and the VNG drew up a ‘Service Checklist’ in 2010. The checklist contains five recognisable objectives, formulated as ‘5 promises to the citizens’:1 Our service is people-based2 Citizens can settle their affairs quickly and securely3 Always the right address: optimum chain cooperation4 We only ask to provide data once5 We are transparent and approachable.

For each of these promises, a number of instruments for improving (digital) service provision are available. Certain of these instruments are statutory requirements; others have emerged from administrative agreements. In discussions with each municipality, the current state of affairs has been discussed. The results and the instruments are published on the website www.vijfbeloften.nl.

On 1 April 2011, the term of the Administrative Agreement comes to an end. Research into the effects of the agreement, entered into in 2007, reveals positive results. To various organizations, including VNG, Actal has supplied ingredients for a possible new administrative agreement. In the opinion of Actal, in order to achieve economic recovery, it is vital that unnecessarily restrictive rules be scrapped, and that government service be raised to a very high level. Achieving these objectives will contribute to regaining the trust of citizens, businesses and professionals, in government. Many of central government’s ambitions will have to be achieved by or together with the municipalities, as the first point of contact with government. In other words, national objectives will have to be fleshed out locally. In the opinion of Actal, this can only be successfully achieved if an alliance is entered into between the Cabinet and fellow authorities.

Municipalities have now plucked the low-hanging fruit in their efforts to reduce regulatory pressure. In 2010, a start was made on more fundamental choices for reducing regulatory pressure. Actal supports municipalities in this process on the basis of its strategic advisory role.

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Local ambition for reducing regulatory pressure Actal investigated the focus on regulatory pressure in 279 election programmes for local council elections on 3 March 2010, within the large, so-called G31, municipalities. The conclusion of the study is that in three-quarters of the election programmes, attention for preventing and reducing regulatory pressure is below par. There is insufficient prospect of a major reduction in local regulatory pressure. Some election programmes even contain policy proposals that increase regulatory pressure. No attention is paid to the consequences of these increases in local burdens, or compensating for their effects.

National parties pay greater attention to regulatory pressure than local parties. Of the national political parties participating in the G31 local council elections, the VVD focused most attention on reducing regulatory pressure (1. VVD, 2. D66 and 3. CDA). It was noticeable that the highest scores on this subject were achieved in the large cities. The top 3 includes three of the four largest municipalities in the Netherlands (1. Amsterdam, 2. The Hague and 3. Rotterdam).

Upward trend in municipal attention for tackling regulatory pressureActal also assessed the coalition agreements in the G31 municipalities. Almost all G31 municipalities performed better in their coalition agreements than in the election programmes for the local council elections. Cities are focusing ever more attention on reducing regulatory pressure on citizens and businesses. Of the 31 largest cities in our country, 81% have focused attention on reducing regulatory pressure. Public service is particularly high on the agenda for the investigated municipalities.

Many coalition agreements offer the prospect of a major reduction in regulatory pressure on a local level. In slightly more than half of the coalition agreements, there is specific attention for reducing regulatory pressure. Two cities in fact included a concrete package of proposals in their coalition agreement. Only two coalitions, on the other hand, actually laid down agreements on reducing regulatory pressure, with clear reduction targets.

Actal has also noted that attention in the agreements is focused relatively more on reducing regulatory pressure for businesses than for citizens. Furthermore, in many agreements (65%), there are measures that increase the burdens for businesses, citizens or professionals. No attention is set aside for the consequences of these increased burdens.

Reduction of regulatory pressure at local level absolutely requires national support in an administrative agreement.

opportunities for reducing regulatory pressure

Whenever a new resident moves into a care home, even if having been in receipt of a social assistance benefit for years, a municipality still once again has to determine the benefit entitlement. This is unnecessary. Municipalities should be able to settle issues of this kind in mutual consultation. Municipalities should far more often be able to award provisions such as calling in home help or providing a motorized scooter chair, without first requiring a needs assessment.

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Provinces In the framework of the Administrative Agreement between central government and the provinces, an implementation programme was drawn up. One of the elements of this programme is training for the staff of provinces, to ensure that more knowledge is shared about reducing regulatory pressure. Various provinces have also invested in measuring the administrative burdens and establishing a clear picture of the possibilities for reining in regulatory pressure.

Another example from provincial practice is the case study in the Province of North Brabant. Work is currently underway on elaborating the recommendation from the Report reducing burdens for business ‘three experiences from practice’. This report examines the regulatory pressure involved in relocating an intensive livestock farm, establishing a new business and expanding an international enterprise. One of the recommendations relates to working on mutual trust by limiting the information obligations based on environmental law. Actal will be contributing to this initiative.

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6 Reduction in regulatory pressure at international level

The international agenda remained important in 2010. The core of international activities involved the sharing of knowledge and insight by establishing contacts with various bodies in the Netherlands and abroad.

Knowledge exchange and international cooperationAs has been the case for several years, there was considerable interest in the Dutch approach to administrative burdens. In 2010, Actal received various delegations from different countries including Kirghizia, Bahrain, Lithuania, Serbia and Vietnam. Actal also received a delegation from the World Bank. We often receive these delegations because of the high international recognition of the Dutch approach to administrative burdens, and the role of Actal, in particular.

Actal also participated in foreign conferences. For example, Actal presented the Dutch approach to ex ante review at the Ontario Economic Summit (Canada) and attended the OECD conference Regulatory Policy at the Crossroads: Towards a New Policy Agenda.

Actal works closely together with its European sister organizations - the German Normenkontrolrat, the Swedish Regelrådet, and the British Regulatory Policy Committee. Actal is also involved in the European action programme for reducing regulatory pressure and the High Level Group of Independent Stakeholders on Administrative Burdens. Actal has been granted ‘observer status’ at these meetings, and in that capacity contributes to discussions about European reduction possibilities. Actal initially provided substantive support to Robin Linschoten who was appointed as member of the High Level Group. In 2010, Robin Linschoten stepped down from this position.

The High Level Group, chaired by Mr Edmund Stoiber, has been advising the European Commission on the reduction of administrative burdens for businesses since 2007. The mandate of the High Level Group was expanded in 2010. Edmund Stoiber aims to increase the spread of knowledge by identifying best practices in the Member States of the European Union, and has tightened links with the European Impact Assessment Board. The mandate of the High Level Group has been extended to 2013.

Strengthening Dutch EU policy preparation in order to curb European regulatory pressure At the end of 2010, Actal issued an advisory opinion to the Rutte-Verhagen Cabinet on reining in European regulatory pressure. With this in mind, the Assessment of New Commission Proposals fiches (BNC fiches) were examined. In these BNC fiches, the Cabinet outlines its initial position on proposals from the European Commission. The BNC fiches are the basis for Dutch negotiations in Brussels.

On the basis of an inventory of 190 BNC fiches produced in 2009 and an assessment of the way in which the consequences for regulatory pressure are discussed in the fiches,

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the extent to which European impact assessments are utilized is determined. The study also tested whether the Netherlands demands evidence-based policy making in respect of regulations originating in Europe. This Actal study revealed that Dutch policy preparation in respect of proposed European regulations provides insufficient insight into the effects on regulatory pressure. In that sense, an opportunity is missed for gaining an insight into the consequences of a proposal for Dutch businesses, citizens and government at an early stage. This then makes it difficult to concentrate on less burdensome alternatives during the negotiations.

Actal advised the Cabinet to include a compulsory and consistent regulatory pressure analysis of European legislative proposals as part of the BNC fiches. Such an analysis can only be left out subject to the implement or explain principle.

It is essential that impact analyses of proposed European legislation and regulations be carried out at an early stage, so that (an initial indication of) the effects for the Netherlands can be included in any negotiations. Actal believes that the regulatory pressure paragraph in BNC fiches needs external quality assurance.

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Annex 1 Advisory opinions

Draft decision Single Payroll Tax Return January 2010

Progress report on regulatory pressure on businesses, November 2009 January 2010

Progress report on service provision, regulatory pressure and information policy March 2010

Towards a system of impact assessments for proposed policy and legislation April 2010

ICT policy and reduction of regulatory pressure May 2010

Assuring the zero option in new policy June 2010

School heads unchained September 2010

Evaluation Actal 2007 – 2010 October 2010

Rich past, promising future for the reduction of regulatory pressure October 2010

Strengthening Dutch EU policy preparation in order to curb European regulatory pressure November 2010

Coalition agreement and limiting regulatory pressure November 2010

Certification and regulatory pressure December 2010

Introduction of sunset legislation December 2010

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Annex 2 Studies

Study into the needs of users of integrated analyses for policy and legislation

Out of sight: Policy measures for accelerating the use of ICT applications for reducing administrative burdens

Reducing regulatory pressure in election programmesAn assessment of the programmes of 11 political parties for the Elections for the House of Representatives of 9 June 2010

Assessment of the zero option in ministerial regulations

Attention for regulatory pressure in the coalition agreements of the G31Study into attention for reducing regulatory pressure and improving service provision in the coalition agreements of the G31

School heads unchained

Evaluation Actal 2007 – 2010

Internalization administrative burdens III

Study of new European regulations: ‘impact assessed’

A closer look at sunset legislationStudy into sunset legislation and reducing regulatory pressure for businesses

Certification and regulatory pressure

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This text was concluded on 24 February 2011.

Colophon

Text Actal, The HagueTranslation sbv anderetaal, NoordeloosPhotographs Gerhard van Roon, The Hague/Studio Tint, The HagueDesign Studio Tint, The HaguePrint Drukkerij van Deventer, ’s Gravenzande

Actal Lange Voorhout 58 The Hague P.O. box 16228 2500 be The Hague t + 31 (0)70 310 86 66 f + 31 (0)70 310 86 79 e info@actal.nl i www.actal.nl

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