REPORT INDEX CURRENT SYSTEM REFORM OF SPANISH PUBLIC ADMINISTRATION (CORA) NEW STRATEGY 2 CURRENT SYSTEM: FLOW OF REGULATION 1. Framework for approval of general legislation. The regulatory governance cycle begins with the drafting of the rule. One-off measures 41.8bn€ have been injected in the economy, paying over 8,000,000 invoices to 230,000 There is no general legal consult on proposals (primary laws). suppliers, through theexplicit Fund for therequirement Financing oftoPayments to legislative Suppliers (FFPP). The Lawinjection mandates secondary legislation “once thethrough draft is the produced”. Liquidity of public almost hearings 40bn€ forfor regional and local administrations, Regional Liquidity Mechanism (FLA). Regulatory impact assessment (RIA): Structural measures Plan to eradicate Late Payments in the public sector: A new legislation has been passed to Guidelines RIA were approved in 2009 promoting integrated approach. ensure monitoringon and compliance with legal payment period atomore suppliers. • Public Sector Commercial Debt Control Act: Inclusion of the commercial debt in the The General Directorate of Administrative Modernization of State of Public principle of financial sustainability and guarantee of compliance(Secretary with the maximum payment period. Administration, SEAP) coordinates and verifies the content of the RIA (“ticking-box control”). • E-Invoicing and New Accounts Register Act: Guarantee of expenses control and of suppliers theirregulation commercial with the public administrations. Theprotection ministry elevates the indraft to relations the General Commission of State Secretariats The payment period current operations forinitiatives. Central Administration and average Deputy Secretariats, whichofcarries out expenditure a strict scrutiny of legislative goods and services has been reduced, in the fourth quarter of 2013, to 30 days. The Council of Ministers approves the draft Law and requires the mandatory reports (i.a. Council of State), before passing the Draft Law and sending the proposed regulation to the Parliament. 3 CURRENT SYSTEM: STOCK OF REGULATION 2. Administrative simplification and burden reduction: In May measures 2007 the Government committed to reduce administrative burdens on businesses by One-off 30% by 2012 savings of €15bn). 41.8bn€ have (estimated been injected in the economy, paying over 8,000,000 invoices to 230,000 suppliers, through the Fund for the Financing of Payments to Suppliers (FFPP). Liquidity Establishment injection of of a Simplified almost 40bn€ Method for regional for Measuring and localAdministrative administrations,Burdens, through the based Regional on the Liquidity Mechanism (FLA). European Standard Cost Model. Structural measures Plan eradicate Late Payments in the public sector: A(SEAP) new legislation has been passedthis to The to General Directorate of Administrative Modernization is in charge of leading ensure monitoring and compliance with legal payment period to suppliers. policy, encouraging departments to reduce administrative costs. It offers technical and • Public Sector Commercial Debt Control Act: Inclusion of the commercial debt in the technological the departments. principle of support financial to sustainability and guarantee of compliance with the maximum payment period. • Since E-Invoicing and Council New Accounts Register Act: Guarantee of expenses control and 2008 seven of Ministers Agreements on Administrative burdens reduction protection of suppliers in their commercial relations with the public administrations. containing 346 concrete measures have been approved. The goal of 30% reduction in 2012 The average payment period of current expenditure operations for Central Administration have and been achieved, estimated savings €18bn have been to accounted goods services has been reduced, in the of fourth quarter of 2013, 30 days. for citizens and businesses. 4 CURRENT SYSTEM: SHORTCOMINGS AND IMPROVEMENTS Public hearings take place too late and there is less scope to influence policy outcome (and consider alternatives to regulatory instruments). Lack of monitoring of compliance of the measures and the results obtained. There is no unit in charge of challenging the RIA, which faces just a “ticking-box control”. Guidelines on RIA do not provide any orientation on data collection or assessment methodologies. Administrative simplification effort varies between different ministries. Initiative comes from each single department as there is no compulsory systematic routine. NEW MEASURES 5 NEW STRATEGY THE CORA REPORT: REFORM OF SPANISH PUBLIC ADMINISTRATION Participants: CORA Commission: Representatives of every ministry organised in plenary sessions and 4 Working Groups. CORA Council: Ombudsman, trade unions, employers’ association, representatives, Chamber of Commerce, Consulting Firms’ association. Citizen’s participation box: 2,239 suggestions. consumers International Advice: Organisation for Economic Cooperation and Development (OECD). Public Governance. Contacts with several Member States and analysis of EC best practices. Multinational companies’ best practices. 2 international Workshops on Public management and Administration reform. Sub-Commission on Administrative simplification: Proposals were collected in a standard format (purpose, legislation to be amended, implementation calendar, estimated savings,…). 903 public proposals were analysed by the Working Group, 400 proposals were accepted and 42 projects selected to be implemented in the short and medium term. 6 THE CORA REPORT: AREAS OF ACTION Budgetary discipline, restructuration of public sector Public transparency at all levels of government Public sector rationalisation Effectiveness and efficiency of government Administration at the service of citizens and businesses 7 THE CORA REPORT: HORIZONTAL MEASURES 1. Fight against late payment in the public sector. One-off measures Fund for the Financing of Payments to Suppliers (FFPP): 41.8bn€, paying over 8,000,000 invoices to 230,000 suppliers. Regional Liquidity Mechanism (FLA): 40bn€ for regional and local administrations. Structural measures Plan to eradicate Late Payments in the public sector: A new legislation has been passed to ensure monitoring and compliance with legal payment period to suppliers. Public Sector Commercial Debt Control Act. E-Invoicing and New Accounts Register Act. The average payment period of current expenditure operations for Central Administration goods and services has been reduced, in the fourth quarter of 2013, to 25 days. 8 THE CORA REPORT: HORIZONTAL MEASURES (II) 2. Market Unity Principle and Regulatory Simplification Market Unity Guarantee Act: Tackles the fragmentation of the domestic market emerging from differences and overlapping of central, regional and local regulation. Objective: Ensure that any product or service produced under a regional legislation can be traded throughout the country, based on the single license and home country principles. Measures: Rationalizing the regulatory framework on economic activities, eliminating duplicities and simplifying. It also reinforces coordination among competent authorities and introduces a mechanism to rapidly solve operator’s problems. Market Unity Legislative Rationalisation Plan: Identification phase of Central and Regional legislation has been completed with 2,700 regulations. Estimated Impact: A 35% reduction in the administrative burden associated with company creation. An increase of 1.52% of GDP in the long run (over the next 10 years). 9 THE CORA REPORT: HORIZONTAL MEASURES (III) 3. Better Regulation programme. Codification of the scattered regulations: A Bill to enable the Government to draft eight consolidated texts is currently under consideration by Parliament. Common-commencement-dates: A restricted number of dates will be established on which domestic laws affecting businesses will come into force. One in-one out rule: Each administrative burden introduced would at least be offset with the elimination of another burden of equivalent cost. Guide to detecting and avoiding duplications: Identify the main types of inefficiencies and duplications and the mechanisms to avoid them. Burden reduction manual: Advance in the implementation of a system of measuring fileprocessing time to estimate the "reasonable" time –different from the “legal” time- to completion of a procedure. 10 THE CORA REPORT: SPECIFIC MEASURES 1. Major simplification projects. Environmental procedures: Profound modification of the environmental legislation to simplify and reduce the administrative burdens. Customs procedures: «One stop» virtual office for foreign trade. Import procedures can involve 6 different agencies: Customs, Health, Agriculture, Port Authority… Reducing the processing and turnaround times, consolidating formats, decreasing paper documents required and accelerating the clearance of merchandise. 2. Enhance e-Government. Data intermediation platform, to allow citizens’ and businesses’ not to submit documents that are already held by the Administration. Electronic record of powers of attorney, valid for every procedure and administration. Single electronic tender portal, in judicial and administrative areas. Public Sector Contracts Platform: Allows companies to access aggregate information on public contracts. 11 THE CORA REPORT: SPECIFIC MEASURES (II) 3. Simplification of start-up procedures and support of entrepreneurship. Eliminating municipal licenses for opening retail shops up to 750m2, subject to only a “responsible declaration”. Streamlining access by entrepreneurs to public procurement: Facilitate contact between small entrepreneurs that wish to form joint ventures by registering them in the Official Register of Bidders and State Classified Companies. Increased thresholds for classification requirements in public contracts. Adaptation of the system of collateral to increase entrepreneurs participation. Responsible declarations substantiating compliance with conditions for submitting a bid. Express prohibition on discrimination in favour of previous contractors. Fight against late payment. Eliminating the minimum capital requirement to establish a limited responsibility company. “Entrepreneur in 3 steps”: The electronic platform enables the completion of necessary paperwork with all three tiers of government simultaneously. 12 THE CORA REPORT: DEGREE OF IMPLEMENTATION Just 11 months after publishing the CORA report, all measures are underway. An office for the execution of the administrative reform (OPERA) has been established. As of May 2014, out of the 222 measures included in CORA’s report: 77 are completed (35%) 145 are in process of execution (65%): 4 are in an initial stage, 61 in a medium stage; and 80 in a final stage of execution 225 200 175 7 15 20 15 22 28 51 150 74 100 80 114 174 106 50 82 77 25 35 0 July 2013 8 Sep. 2013 Not started 13 77 50 90 125 75 63 42 12 Nov. 2013 Initial stage Jan. 2014 Middle stage 7 Mar. 2014 Final stage Completed 61 May 2014 NEW STRATEGY: FLOW OF REGULATION 1. Framework for approval of general legislation. Better Regulation Unit at the highest level of the Government (Ministry of Presidency): Consultation: Public hearing starts the legislative process, before drafting the regulation. Ex-ante evaluation: Before elevating the Draft Law for the first time to the Council of Ministers. Analysis of draft regulation to ensure quality from the point of view of legislative technique. Guarantee compliance with horizontal measures to reduce administrative burdens (i.a. SME test, one in-one out, market unity,…). Ensure the correct completion of the RIA with common systematic measurements of burdens and costs and challenge its quality. Prevent gold-plating, when transposing EU legislation. Ensure the consistency with amendments during the Parliamentary procedure. Ex-post evaluation: The Unit will enforce the evaluation of results by the departments, according to the calendar established in the RIA. 14 NEW STRATEGY: STOCK OF REGULATION 2. Administrative simplification and burden reduction. The goal is to promote a more comprehensive, systematic and standardized simplification process for the whole Administration. The process will consist of the coordinated action of two units: General Directorate of Administrative Modernization (SEAP): Maintains the initiative to propose measures to reduce administrative and regulatory burdens, will elaborate the burden reduction manual and work with the departments to make reform happen. Better Regulation Unit (Ministry of Presidency): 15 Promote horizontal simplification projects and ensure compliance with existing ones. As the unit in charge of reviewing the RIAs, will know, follow and systematically quantify all specific simplification initiatives (coming from the SEAP and other departments). Encourage compliance with simplification measures by the departments and verify that the responsible departments monitor the outcomes of their policies. Inform the Council of Ministers on the state of implementation and results. MORE INFORMATION Spanish Commission for Public Administration Reform: http://www.seap.minhap.gob.es/es/areas/reforma_aapp.html Organisation for Economic Cooperation and Development: http://www.oecd.org/spain/spains-public-sector-reform-plans-on-the-right-track-saysoecd-report.htm http://www.oecd.org/gov/eNGLISH%20SUMMARY%20WITH%20COVER.pdf Thank you very much for your attention! 16