Decision-making process

As a general rule, prior to the drafting of a normative act, the Regulatory Impact Analysis (AIR) Report must be submitted to the first phase of Public Consultation (PC). This phase may be waived, at the discretion of the Board of Directors, in cases where the organisational unit responsible for conducting the process has already carried out a Request for Contributions (RC) on the matter under analysis.

The AIR Report may be submitted jointly with the normative act under discussion in the following situations:

• when the AIR could have been waived, but was conducted at the discretion of the organisational unit;
• in cases involving normative acts of evidently low impact, normative acts intended to regulate rights or obligations defined in a superior legal instrument that does not allow different regulatory alternatives, or in cases of urgency, where the Board of Directors did not waive the AIR;
• in cases provided for in the Regulatory Agenda, duly justified; and
• when approved by the Board of Directors.

With regard to the Regulatory Outcome Evaluation (ARR) — a concept established in Organisational Standard No. 40 — its timeframe must be specified within the normative acts, except for the normative acts referred to in items I to IV of the heading of Article 6 and those normative acts for which the AIR has been waived by the Board of Directors, pursuant to Article 7.

In cases where the AIR is waived due to urgency, the ROE must be conducted within a maximum period of two years from the entry into force of the normative act.
Below is the structure these stages must follow within ANEEL’s decision-making process:

Stage 1: Proposal of topics for study
Stage 2: Public participation instrument for evidence gathering – optional
Stage 3: Ex-ante analysis – preparation of the AIR
Stage 4: Public Consultation – Phase 1 – AIR
Stage 5: Definition of the alternative

For a regulatory alternative:

Stage 6: Public Consultation – Phase 2 – draft normative act
Stage 7: Final drafting of the act
Stage 8: Approval of the regulatory intervention
Stage 9: Monitoring
Stage 10: Ex-post analysis

For a non-regulatory alternative:

Stage 6: Approval of the regulatory intervention
Stage 7: Monitoring
Stage 8: Ex-post analysis

ANEEL’s regulatory production cycle (under construction)