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Actal Jaarverslag Engels.CORR Annual Report 2007 and Programme of Work 2008 Annual Report 2007 and Programme of Work 2008 Graphic signs in the Dutch landscape The government protects, guides and regulates. It addresses us, its citizens, in words and images to inform us, to advise us, to question us, and to impose bans and obligations on us. It reaches us through newspapers, radio and TV, it writes us letters and advertises in magazines. It comes into our homes, and addresses us outside as well, to regulate traffic, to tell us where we can and cannot go, that we should take care and take note, etc. The communications from the government that we encounter on the road are sometimes more than just a sign of life from the responsible agency. Occasionally they create – unwittingly – a kind of graphic aesthetics, through its contrast or through its very coalescence with the surrounding landscape. In this Annual Report 2007 and Programme of Work 2008 we show a number of examples. Contents Foreword 5 Annual Report 2007 1 Actal in new waters 9 2 National reduction of regulatory pressure 11 3 Advisory opinions on proposed legislation 19 4 Strategic advice 27 4.1 Types of strategic advice 27 4.2 Culture transformation 27 4.3 Expansion from administrative burden to regulatory pressure 28 4.4 ICT 31 4.5 Practice of less regulatory pressure 33 5 Local level 37 6 International level 39 Annexes 1 Advisory opinions 2007 44 2 Studies 46 3 Definitions 47 4 Actal 48 5 Notes 51 Programme of Work 2008 52 Foreword The Hague, March 2008 This publication kills two birds with one stone: it contains both our Annual Report 2007 and our Programme of Work 2008. In this review and preview we present our vision of the reduction of regulatory pressure in the Netherlands and in Europe. Actal relentlessly addresses lawmakers and regulatory authorities in the Netherlands, who are to bring about a noticeable reduction in the regulatory pressure at national and at local level. It is a question of good governance at every level: from government ministers and members of Parliament to mayors and municipal executives, councillors, their civil servants and the implementing agencies. The international dimension too remains of undiminished importance. Hence our aim to inform our contacts and other interested parties outside the Netherlands about the situation in practice in our country through this publication. The reduction in regulatory pressure at the European level is also addressed. The vacancy that arose in November 2006 when Brigitte van der Burg became a member of the Dutch Lower House has been filled. We are delighted that the Cabinet has appointed Francine Giskes as a member of the Board of Actal with effect from April 2008. Robin L.O. Linschoten Chairman of the Board 5 1 Actal in new waters Extension and expansion In 2007 Actal was evaluated for the second time in its existence. The period reviewed was from 1 January 2003 to 31 December 2006. During this period Actal’s sphere of operations was expanded to include not only the administrative burden on businesses, but also that on citizens. The evaluation report’s ultimate conclusion was that Actal was an effective, efficient organization that could not be disbanded before 2009. The reviewers further recommended that Actal should expand its activities in the next few years. The Cabinet adopted this conclusion and recommendation.1 It is the opinion of the Cabinet that the focus on regulatory pressure is not yet sufficiently a matter of course. For this reason the Cabinet decided to extend Actal’s mandate until 1 June 2011 and to expand its responsibilities. actal’s advisory task until 1 june 2011 1 It is the Board’s task to advise the c regulatory pressure, including government and Parliament on: furnishing advice on the a the administrative burden on development and application of businesses and citizens as a result of the integral assessment framework legislative proposals, orders in council in the preparation of policy and and ministerial decrees; legislation. b programmes and measures designed 2 A further task of the Board is to to reduce the administrative burden furnish municipal administrations, on businesses and citizens as a result at their written request, with advice of existing regulations; on regulatory pressure. It remains our mission to bring about a culture transformation among lawmakers, to achieve that they reduce the pressure of regulations on businesses, citizens and institutions automatically and on a permanent basis. This is a matter of good governance. It is important that prior to political decision-making the various interests, including the impact on regulatory pressure, are carefully considered. The Cabinet and Parliament have decided that our activities are to be conducted on a basis of independence and confidentiality. Actal furnishes advice on all planned legislation that has an impact on regulatory pressure both formally and informally before a dossier is discussed by the Cabinet. We also strive to put the Dutch method, which has proved successful at national level, on the agenda both in Europe and elsewhere. Influencing political decision-making remains the aim of our recommendations on government policy to limit regulatory pressure and of our efforts to put the reduction of regulatory pressure 9 annual report 2007 | Actal in new waters on the agenda in Europe and among municipal administrations. The approach has won international acclaim. Normally, Actal publishes its Programme of Work before 1 September. However, it proved impossible to publish the 2008 Programme of Work by 1 September 2007. The full Cabinet position on the reduction of the administrative burden and regulatory pressure was not yet available and there was still uncertainty about the Board’s mandate and manpower. In September 2007 the coordinating ministers, the Minister of Finance and the Minister of the Interior and Kingdom Relations, agreed to us publishing our Programme of Work 2008 as soon as the full Cabinet position on tackling the administrative burden and regulatory pressure was known. We can now report on our findings for 2007 and add to these our plans for 2008. Obviously, 2008 will be a year of change for the Actal organization. We welcome Francine Giskes as a new member of the Board. We also need to fill the vacancy of Actal secretary created by the departure of Peter Bont. From Actal’s establishment on 1 May 2000, Peter Bont headed the secretariat. On 18 February 2008 he started working as senior advisor with the policy research organization Regioplan in Amsterdam. Finally, in 2008 the secretariat will leave its independent accommodation at Lange Voorhout in The Hague. From the point of view of cost savings and efficiency gains it was decided to house the secretariat in the renovated premises of the Ministry of Finance at Korte Voorhout in The Hague. We have reached agreements with the Ministry of Finance guaranteeing our independence. 10 2 National reduction of regulatory pressure The Cabinet The fourth Balkenende Cabinet acknowledges the importance of reducing regulatory pressure. Billions of public and private money will become available if regulatory pressure is reduced. In February 2007 the Christian Democrats (CDA), the Labour Party (PvdA), and the Christian Union concluded the coalition agreement ‘Working Together, Living Together’. They undertook to reduce regulatory pressure by inter alia setting a new target of reducing the administrative burden on businesses by 25%, by combining permits and through a broader application of the lex silencio positivo. lex silencio positivo Lex silencio means that if an authority The report was presented to the fails to reach a decision on a permit Minister for Foreign Trade in March application within the statutory period, 2005. the application is deemed to have been On 18 December 2007 the Minister granted. In 2005, together with the for Foreign Trade informed the Lower Ministry of Economic Affairs, we drew House of the introduction of the lex up the report ‘The lex silencio, a study of silencio.2 We are delighted with this the effect of the Spanish model of Cabinet initiative and look forward to deadlines and fictitious decisions and seeing the list of permits for which the the applicability of this model in the lex silencio will indeed be introduced. Netherlands’. The Cabinet will publish this list around the summer of 2008. The Cabinet is sensitive to the local administrative burden. In this context the administrative burden on citizens will also be reduced.3 Following the formation of the coalition agreement the fourth Balkenende Cabinet first conducted a ‘100 day dialogue’ and on 14 June 2007 presented its 2007-2011 Policy Programme, which contained the ‘top 10’ problem areas among the administrative burdens on citizens. 11 annual report 2007 | National reduction of regulatory pressure impact of the coalition agreement on regulatory pressure Actal examined the impact of the measures in the coalition agreement coalition agreement on regulatory will definitely have an impact on pressure. On 24 May 2007 we presented regulatory pressure, most of them the final report ‘Inventory of regulatory producing a heavier burden. About 14% pressure from fourth Balkenende of the measures might affect regulatory coalition agreement’ to the Prime pressure, depending on how they are Minister and the two Deputy Prime implemented. The coalition agreement Ministers. will probably result in an increase in The coalition agreement contains regulatory pressure. This is at odds with 238 policy proposals.
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