In Colombia, regulatory impact assessment (RIA) is carried out mostly for technical regulations. A more comprehensive assessment is required in cases where a new regulation is issued or when the modification of an existing one increases compliance costs. RIA uptake is still low for most subordinate regulations. More recently, guidelines and templates were developed to increase RIA adoption across the administration. Ensuring that RIA is used systematically will be crucial to reap its benefits. Securing commitment at the highest political level will be instrumental.
Regulators and line ministries are formally required to consult with stakeholders in the preparation of regulations. SUCOP is a digital platform that aims at centralising stakeholder engagement practices across all government entities, allowing the public to participate in the rule‑making process. Although an increasing number of institutions are using SUCOP, its use is not mandatory yet. Several line ministries regularly use their own websites to seek comments, instead of using SUCOP.
The use of ex post evaluations is still nascent. Despite the requirement to assess technical regulations every five years after their entry into force, few evaluations have taken place. Pilot programmes and collaboration agreements with international organisations have supported the assessment of regulations in key sectors. Administrative simplification is prominent. The Regulatory Simplification and Rationalisation Programme aims at reducing administrative burdens by simplifying, standardising, eliminating, and streamlining formalities and administrative processes.
Regulatory oversight consists of three main bodies. The National Planning Department (DNP) at the centre of government, is responsible for systematic improvement and advocacy across the government, issuing guidance on regulatory management tools and ensuring co-ordination. The mandate of the Public Function Administrative Department includes identifying potential areas for red tape reduction. The Ministry of Trade, Industry and Tourism covers the development of technical regulation, overseeing public consultation and, since 2018, also ex ante evaluations in co-ordination with the DNP of these instruments.
Indicators on RIA and stakeholder engagement only cover processes carried out by the executive, which initiates approx. 7% of primary laws in Colombia. There is no mandatory requirement for consultation with the general public nor for conducting RIAs for primary laws initiated by parliament.