the committee on technical barriers to trade good regulatory practice presentation by mr. margers...
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Three key principles of the Agreement: Non-discrimination (Article 2.1) Unecessary obstacles to trade (Article 2.2) Use of international standards (Article 2.4)TRANSCRIPT
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The Committee on Technical Barriers to Trade
Good Regulatory Practice
Presentation by Mr. Margers Krams
Chairman of the TBT Committee
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Outline of presentation
• TBT Agreement
• TBT Committee– Horizontal issues – Triennial Reviews
• GRP as an element of the 4th TR– Scope – Future work
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Three key principles of the Agreement:
Non-discrimination (Article 2.1)Unecessary obstacles to trade (Article 2.2)Use of international standards (Article 2.4)
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TBT Committee
To discuss “matters relating to the operation of this Agreement or the furtherance of its objectives”
(Article 13.1)
Specific Trade Concerns
Horizontal Issues – Triennial Reviews (Art.15.4)
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2007
June 2006
Fourth: To be adopted in November
2006
1995
1998 2001 2004
1st Triennial Review ThirdSecond
TBT Triennial Reviews:
- Every three years - Review the operation and implementation - Recommend adjustment of the rights and obligations - Submit proposals for amendments
Fourth
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GRP in previous Triennial Reviews
• 1st – reference in context of preparation of TR and invitation for Members to submit their approaches to technical regulations
• 2nd – reiteration and reference to international standards
• 3rd – a separate element, reference to:– need to develop internal policies and domestic cooperation,– regulatory impact assessment, – equivalence.
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Good Regulatory Practice
Transparency procedures
Conformity Assessment Procedures
Technical Assistance
Special and Differential Treatment
Five “elements” in preparation of 4th Triennial Review
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Secretariat background: Job(05)/107 and Job(06)/24 (Section I)
Selected issues: (i) choice of policy instruments; (ii) efficient and effective regulation; (iii) regulatory cooperation (between different countries) ...
Proposals from: Brazil, Canada, Chile, Chinese Taipei, Colombia, Costa Rica, EC, Mexico, US
Looking ahead: Workshop, list of “elements” ...
Good Regulatory Practice
First draft by Chair: Job(06)/142
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1. Choice of Policy instruments
• Need for regulators to identify problems, including magnitude and objective and then to consider options,
• By considering options:– preference to be given to minimization of mandatory measures, – to question the need to regulate, – voluntary measures based on international standards,
• Usefulness of Regulatory impact assessment
• Performance-based regulations wherever possible
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2. Efficient and Effective Regulation
Emphasis on benefits of simplifying and improving regulatory environment,
• Regulations based on sound science, technical feasibility and economics,
• Potential usefulness of Regulatory impact assessment and merit to discuss it,
• Efficiency can be achieved when regulators:– consider experiences in other countries, – revise existing regulations, – ensure national coordination, – increase transparency and accountability.
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3.Regulatory Cooperation between Different Members
• Relevance of equivalence to GRP and conformity assessment,
• Achieving the same regulatory outcome by accepting TR of other members as equivalent
• Regulatory cooperation between regulators from different members could lead to:– better understanding of different regulatory systems, – contribution to avoidance of unnecessary regulatory differences
and increased market access
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Future work
Proposed that TBT Committee agrees to hold an exchange of experiences on:
• how the use Regulatory impact assessment to facilitate consideration on:– necessity of regulatory action, – the most effective and efficient intervention to achieve policy objective,
• how the use of performance based regulation contributes to avoid obstacles to trade,
• how the process to achieve equivalency is implemented in practice.
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Thank you!