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Regulatory policy

Regulatory enforcement and inspections

 

Reports on regulatory delivery / Regulatory inspections and enforcement

 

Mining plays a crucial role in Brazil’s economy. Nonetheless, the efforts and resources devoted to regulatory quality in the sector, including the enforcement of rules, have not always been commensurate. This report identifies the gaps, barriers, implementation flaws and inefficiencies in the regulatory framework of the mining sector in Brazil. It takes stock of the recent reforms in the mining sector in Brazil, identifies areas that pose the greatest challenges for effective regulation in mining. It also describes the reforms that created the National Mining Agency of Brazil,  its governance arrangements and its current regulatory practices. These are assessed against OECD principles in regulatory policy and mining regulation, as well as against country experiences from Australia, Chile, and Mexico. Finally, recommendations are provided to support further reform efforts.

 

The first OECD enforcement and inspections review  evaluates the policies and legal framework of the Environmental Evaluation and Enforcement Agency of Peru, as well as its practices and the resources employed in enforcement and inspections activities. It also offers policy options to improve performance. The OECD Regulatory Enforcement and Inspections Toolkit was used as a benchmark for the evaluation and the review follows the structure of the Toolkit's 12 criteria.

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How regulations are implemented and enforced, and how compliance is ensured and promoted, are critical determinants of whether a regulatory system is working as intended. Inspections are one of the most important ways to enforce regulations and to ensure regulatory compliance. Based on the 2014 OECD Best Practice Principles for Regulatory Enforcement and Inspection, this Toolkit offers government officials, regulators, stakeholders and experts a simple tool for assessing the inspection and enforcement system in a given jurisdiction, institution or structure. Its checklist of 12 criteria can be used to identify strengths and weaknesses, gauge actual performance, and pinpoint areas for improvement.

 

This report seeks to construct an overarching framework to support initiatives on improving regulatory enforcement through inspections, making them more effective, efficient, less burdensome for those who are inspected and at the same time less resource-demanding for governments. The principles address the design of the policies, institutions and tools to promote effective compliance – and the process of reforming inspection services to achieve results.

The report complements the 2012 Recommendation of the Council on Regulatory Policy and Governance and is intended to assist countries in reforming inspections and developing cross-cutting policies on regulatory enforcement. The principles have an informal non-binding status of a guidance approved at the Regulatory Policy Committee level.

 

Related publications and seminar

 

For further information, please contact Daniel Trnka, Regulatory Policy Division, OECD.

 

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