G/TBT/W/396
20 January 2015
(15-0375)
Page: 1/4
Committee on Technical Barriers to Trade
Original: Spanish
REGULATORY COOPERATION, GOOD REGULATORY
PRACTICE AND TRANSPARENCY
SEVENTH TRIENNIAL REVIEW
Communication from Mexico
The following communication, dated 20 January 2015, is being circulated at the request of the
delegation of Mexico.
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On the occasion of the Seventh Triennial Review of the World Trade Organization's Agreement on
Technical Barriers to Trade (TBT Agreement), Mexico would like to propose three topics to be
examined and included in the final document of the Review. These topics are: regulatory
cooperation, good regulatory practice and transparency.
1 REGULATORY COOPERATION
1.1. Regulatory cooperation has not been included as a separate topic in any triennial review
of the TBT Agreement. However, since the first reviews, various concrete elements have been
analysed providing a basis for the regulatory cooperation agenda. For example, at the
Second Triennial Review, the TBT Committee identified an indicative list of different approaches
to facilitate the acceptance of conformity assessment results (mutual recognition agreements for
assessment of conformity to specific regulations; cooperative arrangements between domestic and
foreign conformity assessment bodies in the voluntary sector; the use of accreditation to qualify
conformity assessment bodies; government designation; unilateral recognition of results of foreign
conformity assessment; and manufacturer's/supplier's declarations).
1.2. Subsequently, at the Fourth Triennial Review, the TBT Committee noted that regulatory
cooperation between regulators from different Members, whether informal or formal in nature, and
including training activities, can help achieve a better understanding of different regulatory
systems and approaches to addressing identified needs. Furthermore, it can promote regulatory
convergence, harmonization, mutual recognition and equivalency, thereby contributing to the
avoidance of unnecessary regulatory differences and to the reduction of unnecessary barriers to
trade.
1.3. At the Fifth Triennial Review, the TBT Committee noted that regulatory cooperation between
Members is an effective means of disseminating good regulatory practice and that it can build
confidence between trading partners through enhancing mutual understanding of regulatory
systems, thereby supporting efforts that aim to remove unnecessary barriers to trade. During the
Review, it was also recognized that a fundamental component to regulatory cooperation is the
promotion of dialogue between Members, including at senior level. A wide variety of approaches
can be employed by regulators to collaborate with each other – from information sharing to
negotiating specific agreements. The appropriate approaches in any given situation will differ
based on a number of factors, including, for example, the compatibility of regulatory environments
and systems, the sector, type and degree of regulation already in place, or the level of technical
and institutional capacity of the Members involved.
G/TBT/W/396
-21.4. Finally, at the Sixth Triennial Review, the importance of regulatory cooperation between
WTO Members was reaffirmed not only as an effective means of disseminating good regulatory
practice but also as an element thereof, insofar as it contributes to reducing unnecessary obstacles
to international trade.
1.5. Thus, it can be said that the principal characteristics of regulatory cooperation have been
highlighted in past triennial reviews. These include, among others:
a. contributing to the dissemination of good regulatory practice;
b. reducing unnecessary obstacles to international trade and, in so doing, facilitating trade;
c.
helping achieve a better understanding of different regulatory systems and approaches;
d. promoting dialogue between interested parties and building confidence between them;
e. using a wide variety of approaches.
1.6. In document G/TBT/W/317, dated 15 June 2009, Canada, the United States and Mexico
described a variety of collaborative approaches and the benefits these provided to regulators and
those applying the regulations of the three countries. Since then, much effort has been made to
advance the regulatory cooperation agenda in North America and other regions of the world,
which is why Mexico is seeking to promote the issue within the Seventh Triennial Review of the
TBT Agreement.
1.7. More specifically, Mexico proposes that, based on the above points and WTO Members'
experience in the matter, recommendations or guidelines be discussed and agreed within the
TBT Committee to conduct activities designed to implement effective regulatory cooperation that
will facilitate trade between Members.
2 GOOD REGULATORY PRACTICE
2.1. Since the First Triennial Review of the TBT Agreement, WTO Members have recognized the
importance of good regulatory practice (GRP) in preparing, adopting and applying technical
regulations and conformity assessment procedures, owing to the contribution of GRP in achieving
compliance with the principles of the TBT Agreement itself. For both technical regulations and
conformity assessment procedures, GRP can contribute, among other things, to the issuance
of measures that are in line with principles as important as proportionality, established under
Articles 2.2 and 5.1.2 of the TBT Agreement, respectively.
2.2. During the Sixth Triennial Review, the Committee agreed to identify a non-exhaustive
list of voluntary mechanisms and related principles of GRP to guide WTO Members in the
efficient and effective implementation of the TBT Agreement across the regulatory lifecycle. This
non-exhaustive list would include the following:
a. transparency and public consultation mechanisms;
b. mechanisms for assessing policy options, including the need to regulate (e.g. how to
evaluate the impact of alternatives through an evidence-based process, including
through the use of regulatory impact assessments);
c.
internal (domestic) coordination mechanisms;
d. approaches to minimizing costs for economic operators (e.g. how to implement
mechanisms that ensure application of the TBT Agreement's substantive obligations in
the design and development of regulations);
e. implementation and enforcement mechanisms (e.g. how to provide practical, timely and
informative guidance needed for compliance);
G/TBT/W/396
-3f.
mechanisms for review of existing technical regulations and conformity assessment
procedures (e.g. how to evaluate the effectiveness and continued adequacy of existing
measures, including with a view to assessing the need for amendment, simplification or
possible repeal); and,
g. mechanisms for taking account of the special development, financial and trade needs
of developing country Members in the preparation and application of measures, with
a view to ensuring that they do not create unnecessary obstacles to exports from such
Members.
2.3. This document was prepared based on discussions in the TBT Committee. The latest version
was circulated as document JOB/TBT/119/Rev.1. For various reasons, the text was not adopted by
the Committee during its 2014 sessions. However, Mexico recognizes that the document is useful
and believes that it can serve as a basis for future Committee discussions on GRP.
2.4. For these reasons and without prejudice to the status of document JOB/TBT/119/Rev.1,
Mexico proposes that, during the Seventh Triennial Review of the TBT Agreement, an exchange of
information take place on the GRP mechanisms or principles adopted and formalized by
WTO Members. Mexico believes that the Committee has already recognized the value of GRP in
facilitating effective implementation of the TBT Agreement. Consequently, a discussion on the
concrete measures adopted by WTO Members would enhance awareness of such tools – tools
which, according to their users, have contributed positively to the fulfilment of obligations under
the TBT Agreement.
3 TRANSPARENCY
3.1. With regard to transparency, discussions in past triennial reviews have focused on analysing
and, where possible, recognizing the advances made in implementing the various obligations
contained in Articles 2, 5, and 10 of the TBT Agreement. More specifically, discussions have
revolved around the establishment of a single contact point, notification of the enquiry point of
each WTO Member, the treatment of requests to extend public consultations and the growing
number of notifications by Members based on their obligations under Articles 2 and 5 of the
TBT Agreement.
3.2. In past triennial reviews, the Committee has also focused on the format and content of
notifications; advance dissemination of programmes or planning tools outlining the technical
regulations, standards or conformity assessment procedures to be developed over a certain
time-period; and the time-frame for the entry into force of measures covered under the
TBT Agreement.
3.3. Considering that the TBT Committee has spent ample time discussing what can be called the
"preliminary" steps to reviewing and presenting comments on the measures (technical regulations
and conformity assessment procedures) notified by WTO Members, Mexico believes that at the
Seventh Triennial Review of the TBT Agreement, discussions can be held on two main points:
a. the different mechanisms employed by WTO Members to ensure proper dissemination
of notifications to the TBT Committee, so as to enable all interested parties in their
territory to become acquainted with them;
b. the national coordination schemes adopted (or to be adopted) by WTO Members to
ensure proper examination and follow-up of topics of importance to interested parties
concerning measures on which they have submitted comments or observations.
3.4. These two topics may not necessarily be new in the Committee's discussions, but they are
considered important in ensuring proper application of the transparency provisions set forth in the
TBT Agreement. In most cases, the observations submitted by WTO Members on notified measures
are prompted by concrete requests from interested parties. It is therefore crucial to ensure proper
dissemination of the measures notified by other Members.
G/TBT/W/396
-43.5. In addition, it is advisable to establish national coordination schemes for the proper
monitoring of measures that have prompted the most interest in the production sectors
of WTO Members. Each country has sectors that are interested in different types of measure;
however, Mexico believes that it is important to work towards an examination and recognition
of the alternatives chosen by each WTO Member to ensure proper monitoring of the review and
presentation of comments on the various measures adopted by its trading partners.
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