NETWORK OF ECONOMIC REGULATORS

TERMS OF REFERENCE

1.Mandate: The Network of Economic Regulators (NER) shall support the implementation of the Programme of Work and Budget 2013-2014 of the Regulatory Policy Committee in relation to the activities of actors of regulatory governance and the delivery of regulatory services, as underlined in the OECD Recommendation of the Council on Regulatory Policy and Governance [C(2012)37]. The NER shall provide a unique expert forum for peer discussion and review and the exchange of first-hand experience on emerging issues and best practices. The NER shall contribute to building and enriching comparative data, disseminating lessons and supporting a global dialogue on the application of effective regulatory governance among economic regulators, material to the delivery of essential services, investment in infrastructure and the economic performance of member states.

2.The pursuit of this goal reflects the core objective of the mandate of the RPC [C(2009)171 and CORR1], which has oversight responsibilities for implementing the OECD Recommendation of the Council on Regulatory Policy and Governance [C(2012)37]. The NER shall make regular reports on its activities to the Regulatory Policy Committee.

3.Rationale/Justification: The aim of the NER is to provide an expert forum that can support the Regulatory Policy Committee (RPC) in respect to issues material to the successful delivery of economic regulation by OECD and non-Member countries. The fundamental role of regulators as actors of regulatory governance is recognised in the OECD Recommendation of the Council on Regulatory Policy and Governance [C(2012)37].

4.The dramatic increase in the number of agencies responsible for implementing regulation in OECD countries is among the most significant policy developments of the past twenty years. Regulators are now essential actors for ensuring the effective achievement of public policy goals and they also determine the experience of regulation for citizens and business. Therefore, the RPC has identified that the effective performance and good governance of these bodies is a crucial element for sound regulatory policy and economic development.

5.Common economic and regulatory policy challenges are experienced in the network sectors of energy, telecoms, transport, water and sewage, and airports. The NER shall provide a unique forum for regulators from different sectors and industries for policy dialogue, cooperation and exchange among those responsible for the delivery of economic regulation. Under its current structure, this dialogue is not available within the RPC which is primarily comprised of officials responsible for the quality of the design of regulation. The NER shall provide direct access to officials with first hand responsibility for its effective implementation.

6.Entry into force and duration: The formalisation of the NER will be effective once the requirements of rule 21b) are met. As for any subsidiary body, the duration of its mandate shall not exceed that of its parent committee, the Regulatory Policy Committee, which is required to be renewed by 31 December 2014. The terms of reference of the NER must be reviewed and evaluated in the context of the renewal of the mandate of the Regulatory Policy Committee as required by Rule 21c) of the Rules of Procedure.

7.Participation: The NER is open to the participation of delegates to the RPC and nominated officials from the NER’s economic regulators in all relevant sectors, such as energy, telecommunications, transport, airports, water and sewage, and ports. The participation of non-Members to the NER, in particular non-Member adherents to the Recommendation of the Council on Regulatory Policy and Governance [C(2012)37], will be approved in accordance with the rules on partnerships in OECD bodies [C(2012)100/FINAL] and in accordance with the RPC’s proposed participation plan [GOV/RPC(2013)4]