Consult the detailed scoring methodology.
| Question | Answer | Note |
|---|---|---|
| Do ministries or regulatory agencies develop forward regulatory plans – that is, a public list of anticipated regulatory changes or proposals intended to be adopted/implemented within a specified time frame? | Yes, throughout government |
According to Article 69-D (II) of the Federal Law of Administrative Procedure, the Agencies and Ministries must submit (at least every two years) their Regulatory Improvement Programs for the opinion of COFEMER.
|
| Are these plans available to general public? | Yes |
Through COFEMER's website and through five forums organized country-wide during June 2017, where private sector was also encouraged to make comments, resulting in the reception of 471 proposals to improve regulations.
|
| Do ministries or regulatory agencies publish the text or summary of proposed (not yet adopted) regulations before their enactment? | Yes, throughout government | |
| Where is the draft text or summary published? | On a unified website where all proposed regulations are published; directly distributed to interested stakeholders. |
http://www.cofemersimir.gob.mx/
Through a distribution list that sends a daily report to the subscribers on relevant regulations (reporte.regulaciones@cofemer.gob.mx). |
| Do ministries or regulatory agencies have the legal obligation to publish the text of proposed regulations before their enactment? | Yes, throughout government |
Article 69(k) of the Federal Law of Administrative Procedure.
|
| Is the entire text of the proposed draft published? | Yes, throughout government | |
| Is there a period of time set by law for the text of the proposed regulations to be publicly available? | Yes |
Articles 69(k) and 69(L) of the Federal Law of Administrative Procedure.
|
| Question | Answer | Note |
|---|---|---|
| Do ministries or regulatory agencies solicit comments on proposed (not yet adopted) regulations from the general public? | Yes, throughout government |
According to Art. 69(k) of the Federal Law of Administrative Procedure, all drafts must be subject to a public consultation process.
|
| How are the comments received? |
On a unified website for all proposed regulations; through targeted outreach to stakeholders, such as business associations or other groups; through e...
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On a unified website for all proposed regulations; through targeted outreach to stakeholders, such as business associations or other groups; through email. |
|
| Are received comments publicly accessible? | Yes, throughout government |
Made available through http://www.cofemersimir.gob.mx.
|
| Is the rulemaking body required by law to solicit these comments on proposed regulations? | Yes |
Articles 69(h) and (j) of the Federal Law on Administrative Procedures.
|
| Is there a specialized government body or department tasked with soliciting and receiving these comments? | Yes |
COFEMER
|
| Do ministries or regulatory agencies report on the results of the consultation on proposed regulations? | Yes, throughout government |
COFEMER publishes a report in its website after each public consultation.
|
| How does the government report on the results of the consultation? |
Prepares one consolidated response. Provides customized responses. |
|
| Where does the government report on the results of the consultation? | On a unified website for all proposed regulations. | |
| Is reporting on the results of the consultation required by law? | Yes |
Article 69 (j) of the Federal Law of Administrative Procedure establishes that COFEMER’s opinion on regulatory proposals should take into consideration comments from interested parties.
|
| Question | Answer | Note |
|---|---|---|
| Do ministries or regulatory agencies conduct an impact assessment of proposed (not yet adopted) regulations? | Yes, throughout government |
According to art. 69(e)(II) of the Federal Law of Administrative Procedure, COFEMER must check that every regulatory proposal includes a cost-benefit analysis for the maximum benefit of society.
|
| Are there criteria used for determining which proposed regulations are subjected to an impact assessment? | Yes |
There is an electronic risk calculator (cost-benefit analysis) to measure regulations that could have a significant impact. It can be reviewed at the Instructions Set C. (http://www.cofemer.gob.mx/documentos/marcojuridico/rev2016/APMMIR.pdf)
|
| Are there any specific regulatory impact assessment guidelines? | Yes | |
| Are impact assessments required by law? | Yes |
Article 69(e) of the Federal Law on Administrative Procedure.
|
| Are impact assessment made publicly available? | Yes | |
| How is this assessment distributed? | Through a unified website for all proposed regulations. | |
| When is this assessment distributed? | Together with the draft proposed legislation. | |
| Is there an obligation for regulators to consider alternatives to proposed regulation? | Yes, throughout government |
Identification and consideration of possible alternatives to regulation are considered based on the Regulatory Impact assessment. (http://www.cofemer.gob.mx/documentos/marcojuridico/rev2016/APMMIR.pdf)
|
| Is there a specialized government body tasked with reviewing and monitoring regulatory impact assessments conducted by other individual agencies or government bodies? | Yes | |
| Please provide the name of this government body, and explain its functions. | COFEMER |
| Question | Answer | Note |
|---|---|---|
| Are the laws that are currently in effect available in a single place? | Yes | |
| How are the laws that are in force accessed? |
On a unified website managed by the government Printed in an official gazette / journal or other publication |
http://www.ordenjuridico.gob.mx
Laws are available in the Official Journal of the Federation (in electronic and printed version with the same legal validity). It can be accessed online or ordered in print. (http://www.dof.gob.mx) |
| Are the secondary regulations that are currently in effect codified and available in a single place? | Yes | |
| Are these websites or registries updated regularly? | Yes | |
| Can these websites or registries be accessed by the public free of charge? | Yes |