united nations economic commission for europe rio-de-janeiro, december 2006 good regulatory and ca...
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United Nations Economic Commission for Europe
Rio-de-Janeiro, December 2006Rio-de-Janeiro, December 2006
Good regulatory and CA practices
at UNECE projects
United Nations Economic Commission for Europe
Plan of the presentationPlan of the presentation
A. About UNECE
B. Good Regulatory Governance – current tendencies (good regulatory practices)
C. WP.6 and GRP
D. WP.6 and GCAP
E. Market surveillance
F. Conclusions
United Nations Economic Commission for Europe
50 - 80 % of World Trade is 50 - 80 % of World Trade is between UNECE Member Statesbetween UNECE Member States
(55 member States, Europe, North America, CIS)(55 member States, Europe, North America, CIS)
EELV
LT
BYPL
UA
ROHU
BG
TRGR AZ GEAM
KG
FI
CY
SENO
DK
DENLIE
ESPT
IT
CH AT
GB
HRBA
ALMK
FR
BECZ
M DSK
SL
YU
LKZ
RU
TMUZ
TJ
IS
MT
IL
CA
US
United Nations Economic Commission for Europe
The UNECE’s Support to The UNECE’s Support to Governments and BusinessGovernments and Business
(since 1947)(since 1947)
Legal Instruments (conventions, standards, regulations …)
Trade & Transport Facilitation
Harmonization & Standardization
United Nations Economic Commission for Europe
TRADE AND TRANSPORT TRADE AND TRANSPORT FACILITATIONFACILITATION
Reducing trade transaction costs through:
Harmonisation and Simplification of Procedures
Standardisation of Documentation and Information Flows
United Nations Economic Commission for Europe
Trade Facilitation: Trade Facilitation: AchievementsAchievements
A. UN layout key for trade documents
B. UN/EDIFACT
C. Codes for trade locations
D. UN/CEFACT supply chain reference model
E. E-commerce standards
F. “Single Window”
United Nations Economic Commission for Europe
TransportTransport
Regulations: Regulations on vehicles’ construction
Transport of dangerous goods
Agreements:
International transport of goods (transit under TIR convention)
Jaimurzina:
TIR stand for “Transport internationaux routiers”
Jaimurzina:
TIR stand for “Transport internationaux routiers”
United Nations Economic Commission for Europe
HARMONIZATION &HARMONIZATION &STANDARDIZATIONSTANDARDIZATION
Good Regulatory Practices in Trade
Agricultural Quality Standards
Harmonization of Statistical Data Definitions and Collection
United Nations Economic Commission for Europe
Quality Standards for:Quality Standards for:
• Fresh and Dried Fruits and Vegetables
• Meat
• Potatoes
• Egg & Egg products
• Cut flowers
United Nations Economic Commission for Europe
Good Regulatory PracticesGood Regulatory Practices
Working Party on Regulatory Cooperation and Standardization Policies (Working Party 6)
International Model for Technical Harmonization (UNECE Recommendation “L”)
Promoting good practices in standardization, regulatory techniques and market surveillance
United Nations Economic Commission for Europe
Good Regulatory Governance & Practices
Why Good Regulatory Practices (GRP)?
GRP:
= Good regulatory quality
= Good governance
= Gains for society
= Regulatory impact assessment
= Cost efficiency for society
United Nations Economic Commission for Europe
Regulatory differences:possibilities to improve
National (Brazil): Starting a business takes:• 19 days in Minas Gerais• 152 days in São Paulo
In international context, based on an OECD study of 155 States, at a world level:• Minas Gerais is ranked 30• São Paolo is ranked 149 (Source "Doing Business in Brazil", IFC/World Bank publication, 2006)
International GRP context: • Work at OECD, APEC, US, EC and EU countries, etc.• GRP training (on RIA-College of Europe)
United Nations Economic Commission for Europe
From « culture of control » to « culture of shared responsibilities »
“Traditional” regulatory approach: Control inspect punish
“Smart” regulatory approach: Focus on outcome (not on tools/means)
Cost/benefit assessment through consultation, balance of interests
United Nations Economic Commission for Europe
Regulatory approaches « culture »
“Traditional” “Smart”Sectoral Coordinated
One time Systematic/monitored
Conventional means Tailored
Impose on market Use market
Procedure – focus Outcome/objective
Top – down Bottom-up
Authorian Transparent/Consultation
United Nations Economic Commission for Europe
« Smart » regulation provides:
Problem definition/risks profile/scenarios
Objective of regulation/incentives
Solution justification (alternatives)
Effectivness to reach the outcome
Benefits/costs calculation
Proportionality of chosen measures
Consistent/simple (versus legislation)
Overall social net effectcost-efficienct outcome for society
United Nations Economic Commission for Europe
Consulation with civil society -WHY ?
Transparency = understanding = compliance
Reduce regulatory failures ( problem or its "shadow" ?)
Best solution = technological or structural ?
Result: « Smart" regulation, partnerships, good governance
United Nations Economic Commission for Europe
GRP & WP.6GRP & WP.6
Technical regulations – where to start?
Should you regulate?
If yes, what is the potential impact?
Based on impact assessment, how you shall regulate?
United Nations Economic Commission for Europe
International UNECE Forum on Common International UNECE Forum on Common Regulatory Language for Global Trade,Regulatory Language for Global Trade,
Geneva, 20-21 June 2006Geneva, 20-21 June 2006
“UNECE region plus…” event
Good regulatory practices (WTO, OECD, ISO, UNECE)
Regional experiences (EU, North America, ASEAN, MERCOSUR, CIS)
To regulate or not to regulate…
United Nations Economic Commission for Europe
Regulatory Method - « self-regulation » (examples)
Information awareness (by/for industry and consumers/users). standards, voluntary certification, quality/environment management schemes, industry codes (company; sectoral; multi (uni) lateral; "recognized", etc.), customer charters, official codes/guidelines…
Need for regional/international convergence?
United Nations Economic Commission for Europe
Regulatory Method - Binding Regulation(examples)
Performance regulations; mandatory information/labelling; economic incentives (taxes, subsidies, "user pay" charges, loans/loan guarantees, insurance, public expenditure, public ownership, etc.); certification; …
Need for regional/international convergence ?
United Nations Economic Commission for Europe
Promoting Good PracticesPromoting Good Practices
The Team of Specialists on Standardization and Regulatory Techniques (“START”)
The Advisory Group on Market Surveillance (“MARS” Group)
Promoting Good Governance including dialogue and cooperation with the private sector and NGOs
United Nations Economic Commission for Europe
International Model for Technical International Model for Technical Harmonization (REC. L)Harmonization (REC. L)
PRINCIPLES
1. National technical regulations on the basis of international (regional) standards
2. "Common regulatory objectives" on the basis of mutually agreed safety and other legitimate requirements
3. Regulators should not harmonize existing regulations, but rather should try to agree on what safety (etc.) levels they would like to achieve
United Nations Economic Commission for Europe
International Model for International Model for Technical HarmonizationTechnical Harmonization
Regional application: CIS agreement on technical harmonization
Balkan project: training of officials on good regulatory practices
Sectoral application: The TELECOM initiative Earth-Moving Machinery Safety of Pipelines Initiative (2005) Equipment for explosive environment. (June
2006)
United Nations Economic Commission for Europe
UNECE/SIDA Southeast UNECE/SIDA Southeast Europe Regulatory ProjectEurope Regulatory Project
Identify regulatory-related obstacles to regional trade
Agree on national and regional regulatory priorities
Propose solutions for regulatory convergence
Promote good regulatory practices
United Nations Economic Commission for Europe
Good Practices for Good Practices for Conformity Assessment Conformity Assessment
(GPCA)(GPCA)WTO principles transformed in GPCA:
SDoC (pre-requisite: liability laws for manufacturers and efficient market surveillance)
Acceptance of CA results («one test-one certificate-accepted worldwide»)
Less certification (voluntary compliance means?)
United Nations Economic Commission for Europe
Conformity Assessment Conformity Assessment at WP.6at WP.6
A. National and regional developments (laws, procedures, changes in infrastructure)
B. Accreditation developments
C. Quality and environmental schemes (quality national policies, awards, integrated schemes, public governance, etc.)
D. Definitions (support to ISO work )
E. Market surveillance
United Nations Economic Commission for Europe
Market Surveillance (MS) Market Surveillance (MS) at WP.6at WP.6
UN General Assembly decision 54/449 of 22 December 1999 (United Nations Guidelines for Consumer Protection)
International MS Forums (2002 & 2005)
Etablishing «MARS» Group in 2003
United Nations Economic Commission for Europe
Control of Safety(at which stage and how?)
Design Production Placing on market
1. Certification Market surveilance
From certification to MS (& maybe to SDoC)
United Nations Economic Commission for Europe
Market Surveillance (MSMarket Surveillance (MS))
Common feature- no (few) common features
Differencies in institutional structure (number of bodies, to whom repport),
Scope of work (safety or plus quality, IPR), legal basis, …
Less certification more market surveilance?
United Nations Economic Commission for Europe
EU (EC) requirements for national MS organization
organize communication and national coordination between relevant authorities (incl. labour inspectorates and customs)
establish necesary procedures (for non-compliant products) in order to: Record of complaints/reports and follow-up Monitor accidents and damage to health, public
interest Establish/implement MS programmes for
specific categories of products or risks
United Nations Economic Commission for Europe
EU (EC) requirements for MS measures (authorities shall:)
Perform checks on safety (and other issues) on adequate scale through appropriate controls (documentary, or physical, laboratory checks)
Apply best practices and sound resources
Take necessary representative samples of products for controls
Require that necessary documentation/information is available by economic operators (manufacturer, importer, distributor)
…/…
United Nations Economic Commission for Europe
Take appropriate necessary national measures to alert/inform users of the risks from dangerous products placed on the market
Cooperate with economic operators on actions to avoid or reduce risks caused by their product
Carry out other duties with due independence and observe confidentiality and professional secrecy
Take appropriate measures when a dangerous product is detected (or sufficient reason to believe it) on the basis of a risk analysis (taking into account the precautionary principle)
Contribute to and use EU integrated information system on MS
United Nations Economic Commission for Europe
EC Proposals for EU MS Electonic Information System
Archiving of data
Information exchange on MS activities in general
Particular MS information (MS statistics, information by sector, by product, ...)
Risk analysis methodlogies and results
Anaylsis of accidents with comparative data to exchange/adopt best practices
Information on counterfeits that could have impact on health, or other issues of public interest
Accessible to public (with safegurad of confidentiality and professional secrecy)
United Nations Economic Commission for Europe
MS problems and solutionsMS problems and solutions((examples from “MARS” Groupexamples from “MARS” Group))
Legal representation on the market
Intellectual property rights (IPRs) and MS
Sampling, misleading labelling , success criteria, etc.
Who needs MS (state, companies)? Coordination …
United Nations Economic Commission for Europe
““Disappearing” companiesDisappearing” companies
Who “represents” the product on the market?
Slovakia: Control by authorities (of legal papers and of premises) which grant permissions to sell on markets
Israel: Regime for imported goods based on risks of products and their use
United Nations Economic Commission for Europe
Israel – four imported Israel – four imported products’ groupsproducts’ groups
1. High danger (207 products; toys, electrical home appliances …): certification of each shipment
2. Medium (120 ; carpets, bottles ...): type approval
3. Low (39; ceramic tiles ...) : importer’s declaration.
4. For industrial use (11): SDoC
United Nations Economic Commission for Europe
IPR & UNECEIPR & UNECERecommendation “M”Recommendation “M”
Counterfeits = 5-7 % of international trade (in Russia: up to 1/3 in some sectors)
Counterfeit conformity assessment marks
Use of market surveillance against counterfeit goods (under preparation - adoption in 2007?)
Need for coordination on national level (IPR & other matters with customs, consumer protection, etc.)
United Nations Economic Commission for Europe
Sampling in MS:Sampling in MS:Who pays?Who pays?
Brazil: - manufacturer replaces product to retailer
Russia, Belarus: retailer pays (restrictions on inspections to avoid abuse)
Czech Republic: MS body takes a product for inspection (charged when product meets requirements)
EU, Indonesia, Turkey, etc.: MS body buys the product from its budget
United Nations Economic Commission for Europe
New problems - new experiencesNew problems - new experiences
Misleading labelling (fresh orange juice, cholesterol free, only 1% salt, etc.)
Choice of laboratories to inspect products (through tender?)
Criteria of MS success (0% or 100% of inspected products are safe?)
United Nations Economic Commission for Europe
Conclusions & Way forwardConclusions & Way forward
GRPs and GPCA: no «one size-fit all » recipe
“Think globally - act locally”: “tailor” your own solutions on the basis of national and international experiences
UNECE welcomes you to join its work
United Nations Economic Commission for Europe
Thank you ! OBRIGADOThank you ! OBRIGADO ! !For more information, please contact:
Mr. (Dr.) Serguei Kouzmine
Secretary to UNECE Working Party on Regulatory Cooperation and Standardization Policies (WP.6)Tel. (+41 22) 917 2771; Fax (41 22) 917 0479/0037
e-mail : Serguei.Kouzmine@unece.org
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