Presentation by Tessy Torres, President of the Board, Environmental Evaluation and Enforcement Agency, Peru, at the OECD Conference on Enforcement and Inspections which took place at the OECD Headquarter in Paris on 9 November 2017. Further information is available at http://oe.cd/regpol
2. Regulatory
governance cycle
4.
Monitor and
evaluate
performance of
regulation
Policy issues for
government actions
1.
Develop a policy
roadmap and choose
the policy
instrument(s)
• Regulation
• Other policytools
2.
Design
regulation
Check current
regulation
3.
Consultation
Co-operation
The
4Cs ComunicationCo-ordination
• The welfare related to
the regulation only gets
by the compliance of
the law.
• The success of the
inspection and
enforcement process
guarantees the
compliance.
• In that sense, it is
important to pay
special attention to the
inspection and
enforcement process.
3. Inspection and
control cycle
How can I make regulation
policy is accomplished?
Evidence
Collection
Outcome / Results
evaluation
Responsive
enforcement
Feedback
Traning &
transparency
1. Inspection
plan
2.
3.
4.
5.
6. Inspection and
control cycle
Inspection
plan
Criterion Probability
Closeness to Protected
Natural Area
Explotation stage
Recidivism
Complaints
1 = Unlikely
5 = Almost certainly
4 = Very Likely
Example: Enviromental Protection
Impact
5 = Catastrophe
3 = Moderate
2 = Slight
1 = Insignificant
Criteria contained in the annual plan and
published in the institutional portal
4 = Very Likely
Result Risk = Probability x Impact
http://www.oefa.gob.pe/wp-content/uploads/2017/02/RES-004-2017-OEFA-CD-PLANEFA.pdf
1
7. Inspection and
control cycle
Collection of
evidence on compliance
• Impact?
• Compliance?
Collect data to
verify the
effectiviness of
the public
policy
Collect data to
value the
impacts (and
calculate the
sanction)
2
10. Inspection and
control cycle
Results
evaluation
HIGH
MEDIUM
LOW
PROBABILITY IMPACT
PROPORTIONALITY OF
THE CONSEQUENCE
ARISING FROM NON -
COMPLIANCE
1
2
3
4
5
Value Probability Description
Very Likely
Highly Probable
Probable
Possible
Unlikely
It is estimated to occur
continuously or daily
It is estimated that could
happen within a week
it is estimated that could
happen within a month
it is estimated that could
happen within a year
it is estimated that could
happen in a period larger
than one year
Possible
affected
environment
Calculation
Formula
Natural
environment
Amount
+
2 dangerousness
+
extention
+
potentially affected
environment
Human
environment
Amount
+
2 dangerousness
+
extention
+
potentially affected
people
http://www.oefa.gob.pe/metodologia-para-la-estimacion-del-riesgo-ambiental
3
14. Inspection and
control cycle
Feedback
through indicators
EFFICIENCY OUTCOMES EFECTIVENESS OF
PUBLIC POLICYInspections
Time
Resources
Level of compliance Improvement of environmental
indicators
Inspection and Control Value Chain
Was the supervision plan fulfilled?
Was the risk analysis of the Control Plan adequate?
Are the enforcement tools adequate?
Is the public policy objective that justifies regulation met?
5
15. Inspection and
control cycle
Feedback
through indicators
3 years 6.5 months
Average in completing a file
from the supervision to the
resolution of first instance
Average in completing a file
from the supervision to the
resolution of first instance
11185
Files pending since 2014
0
December 2017
Indicator
Average time of
supervision
Resources assigned
by supervision
5
17. Design enforcement in the Regulatory
Governance Cycle
4.
Monitor and
evaluate
performance of
regulation
1.
Develop a policy
roadmap and choose
the policy
instrument(s)
• Regulation
• Other policytools
2.
Design
regulation
Check current
regulation
3.
Consultation
Co-operation
The
4Cs
ComunicationCo-ordination
Design
enforcement
Policy issues for
government actions
Source: OECD
18. Enforce Regulation and Challenges
License
revocation
License
suspension
Civil Penalty
Criminal Penalty
Warning Letter
Persuasion
Higher
gravity
Minor
gravity
Punishments to deter:
With economic criteria for
proportional sanctions and use
of automated applications to
generate predictability
Behavioral
economics
Adapt strategies
to the reality of the market:
Prioritize persuasion strategies for emerging
business.
Special strategies for economies with the presence
of companies in the informal sector.
Source: Ayres&Braithwaite (1992) Responsive Regulation Trascending the Deregulation Debate. Oxford University Press
20. Conclusions
We have developed specific tools for each step of the
cycle, measuring compliance as a result of the
inspection process. The information collected in this
process will be used on the ex post evaluation.
1
2
We can show the inspection process in a cycle that
requires specific tools and indicators in each step of it
in order to be efficiency, effective and satisfactory.
3
Challenges:
- Use technological tools for the systematic
collection of relevant information.
- Use data from other stakeholders to improve
decision making.
- Desing enforcement strategy to promote
compliance.