Transcript Trade Facilitation – Changes and challenges

Good regulatory and CA practices
at UNECE projects
Rio-de-Janeiro, December 2006
United Nations Economic Commission for Europe
Plan 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
between UNECE Member States
(55 member States, Europe, North America, CIS)
IS
CA
FI
NO
EE
LV
LT
DK
IE
GB
NL
BE
FR
PT
ES
PL
DE
L
CH
US
SE
RU
BY
CZ
UA
SK
AT HU
M
D
SLHR
RO
BA YU
IT
BG
AL MK
GR
TR
MT
KZ
GE
AM AZ
TM
KG
UZ
TJ
CY
IL
United Nations Economic Commission for Europe
The UNECE’s Support to
Governments and Business
(since 1947)

Legal Instruments (conventions,
standards, regulations …)

Trade & Transport Facilitation

Harmonization & Standardization
United Nations Economic Commission for Europe
TRADE AND TRANSPORT
FACILITATION
Reducing trade transaction costs through:
 Harmonisation and Simplification of
Procedures
 Standardisation of Documentation and
Information Flows
United Nations Economic Commission for Europe
Trade Facilitation:
Achievements
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
Jaimurzina:
TIR stand for
“Transport
internationaux
routiers”
Transport
 Regulations:
Regulations on vehicles’ construction
Transport of dangerous goods
 Agreements:
International transport of goods
(transit under TIR convention)
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HARMONIZATION &
STANDARDIZATION
 Good Regulatory Practices in Trade
 Agricultural Quality Standards
 Harmonization of Statistical Data
Definitions and Collection
United Nations Economic Commission for Europe
Quality Standards for:
•
•
•
•
•
Fresh and Dried Fruits and Vegetables
Meat
Potatoes
Egg & Egg products
Cut flowers
United Nations Economic Commission for Europe
Good 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)
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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
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« 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 effect
cost-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.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
Regulatory Language for Global Trade,
Geneva, 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 ?
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Promoting 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
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 Technical
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
Europe 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
Conformity Assessment
(GPCA)
WTO principles transformed in GPCA:

SDoC (pre-requisite: liability laws for manufacturers
and efficient market surveillance)

Acceptance of CA results («one test-one certificateaccepted worldwide»)

Less certification (voluntary compliance means?)
United Nations Economic Commission for Europe
Conformity Assessment
at 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)
at 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
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Control of Safety
(at which stage and how?)
Design Production Placing on market
1.
Certification
Market surveilance
From certification to MS (& maybe to
SDoC)
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Market 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 solutions
(examples 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” 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
products’ 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 & UNECE
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:
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 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 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 ! 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 : [email protected]
United Nations Economic Commission for Europe