On 18 November 2016 the Ordinance on the Scope and Methodology for Carrying Out Impact Assessment for drafts of normative acts within the competence of the Council of Ministers, adopted in accordance with the Law on Normative Acts, was published in the State Gazette.
The Ordinance regulates the minimum requirements for the content of partial ex-ante impact assessment, for which there is also an attached form.
The full impact assessment is mandatory when:
- Drafts of new laws and codes are being developed;
- Draft legislation is developed and its partial ex-ante impact assessment has shown that significant impacts are to be expected;
- According to the rules set out in the Ordinance, a recommendation for carrying out full ex ante impact assessment is made by the Administration of the Council of Ministers;
- The author of the draft of normative act deemed it necessary.
The Ordinance has also set forth the minimum content of the full impact assessment that includes at least:
- Potential negative impacts on competitiveness, market relations, competition, innovation and/or consumers;
- Potential negative impacts on fundamental human rights, on certain social groups or the society as a whole;
- Potential environmental impacts at national level;
- Potential economic, social and environmental impacts on different regions of the country;
- Potential costs for the affected parties and how they are distributed in groups or sectors.
The results from the full ex ante impact assessment are to be presented in a report and in a summary. The summary is a separate document and must be presented in the form, attached to the Ordinance. The Impact assessment on SMEs is a mandatory element of the full impact assessment.
According to the Ordinance, the results from the implementation of acting normative acts are to be verified by an ex-post impact assessment. It explores the relationship between formulated objectives and achieved results in the implementation of the normative act. The scope and structure of the assessment are determined by selecting the criteria for evaluation and review of the policy changes implemented by normative acts for a certain period. In determining the scope and structure of the assessment are to be used some or all of the following criteria: achievement of objectives; effectiveness; efficiency; sustainability and utility.
Relevant amendments to the Rules for the Structure of the Council of Ministers and its Administration have been made in order to ensure the application of the Ordinance on the Scope and Methodology for Carrying Out Impact Assessment. They are published in the same issue of the Official Gazette. As of 18 November 2016, the partial impact assessment is a mandatory element of each proposal for including drafts of laws in the Legislative agenda and of each proposal for including drafts of implementing regulations in the Operational agenda of the Council of Ministers.
The Rules state that the decisions on the need for full impact assessments, as well as the appraisal of the quality of impact assessments will be made by the Department “Modernization of the administration” within the Council of Ministers.