In Colombia, the National Development Plan for 2018-2022, and the policy document CONPES 3816/2014 create the framework for the country’s regulatory policy. Based on these and other instruments, regulatory impact assessment (RIA) is carried out mostly for technical regulations. The uptake is low for the rest of subordinate regulations. Colombia could make a systemic analysis of the barriers to adopt RIA, develop an implementation plan and execute it. 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 processes of consultation during the rule-making process. However, ministries still regularly use their own website to seek comments. Colombia could benefit from promoting the use of SUCOP.

Ex post evaluation is employed sporadically by the regulatory agencies in telecommunications, energy and water, and plans are on their way to use it with respect to technical regulations as outlined in Decree 1468 published in 2020.

Colombia’s regulatory oversight consists of three main bodies. The National Planning Department (DNP), located 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 (DAFP) includes identifying potential areas for red tape reduction. The Ministry of Trade, Industry and Commerce 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 presented on RIA and stakeholder engagement for primary laws only cover processes carried out by the executive, which initiates approx. 20% of primary laws in Colombia. There is no requirement in Colombia for conducting RIAs or consultation to inform the development of primary laws initiated by parliament.

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