Workshop on “EU Enlargement: Regulatory Convergence in Non-acceding Countries” Athens 7 – 8 November 2003 Regulatory Convergence and Technical Standards Libuse Romanovska, PhD. Rapporteur on technical harmonization of the UNECE Working Party on Technical Harmonization and Standardization Policies

Why regulatory convergence? The increase of international trade – the appearance of technical barriers to trade. National technical regulations. Unfair position of foreign business operators. A shield of local producers from foreign competition. Negative effect mainly on small and medium-sized enterprises.

The role of UNECE in regulatory convergence The support of European economic cooperation. The intensification of cooperation with ECE member States in transition to market economy in connection with the enlargement of the EU in The assistance with adoption and implementation of legislation complying with international legislation and standards. Purpose: to facilitate and promote integration of countries in transition into the European and global economy by the use of its instruments.

One of the instruments The UNECE Working Party on Technical Harmonization and Standardization Policies (WP.6) WP.6 - subsidiary body of the UNECE subordinated to the Committee on Trade, Industry and Enterprise Development. Objectives: recommendations how to remove or gradually reduce technical barriers to trade in UNECE region.

WP.6 A forum for national and international public authorities, standardization bodies and the private sector for the identification of obstacles and seeking solutions to problems; Encouragement to the development, adoption and application of harmonized technical regulations and standards as well as conformity assessment procedures in member States of the UNECE region.

The first step The guidance in the field of standardization – the ECE Standardization List Information for international standardization bodies of sectors where is the need for future standardization; Promotion of participation of Governments in international standardization and in the implementation of international standards, guides and recommendations at the national level.

The second step Recommendations on Standardization Policies Since 1970 twelve recommendations have been adopted concerning: international cooperation, coordination in the field of technical regulations and standards, treatment of imported products, processes and services, creation and promotion of international agreements on conformity assessment, acceptance of conformity assessment results, definitions, metrological assurance of testing, etc.

Establishment of the „START“ team In 1999, the decision to support the strengthening the development of good regulatory practice in the ENECE region. Establishing a team of specialists under the acronym “START” (Standardization And Regulatory Techniques) to provide guidance for good regulatory practice and a mechanism for cooperation between regulatory authorities, standardizing bodies and industry.

The International Model Outcome The International Model for Technical Harmonization Based on Good Regulatory Practice for the Preparation, Adoption and Application of Technical Regulations via the Use of International Standards. In 2001 published as the new UNECE Recommendation L.

Why do we need it?  The most countries of the UNECE are members of the WTO Agreement or being prepared for their membership.  The Agreement on Technical Barriers to Trade, an integral part of WTO Agreement, lays down that:

WTO Agreement on TBT National technical regulations shall ensure that products imported from the territory of any Member shall be accorded treatment no less favourable than that accorded to like products of national origin and to like products originating in any other country (Article 2.1). Where relevant international standards exist or their completion is imminent, Members shall use them, or the relevant parts of them, as a basis for their technical regulations (Article 2.4). Members are encouraged to participate in international standardization organizations with the view to harmonize technical regulations on as a wide basis as possible, etc. (Article 2.6). Similar provisions concern procedures for conformity assessment of products.

The International Model - I  Suggests solutions for the practical implementation of the WTO Agreement on Technical Barriers to Trade;  Develops further practical dimensions of procedures complementary to and coherent with the TBT Agreement;  Recommends steps for harmonization of technical regulations if favoured by a number of UNECE member countries for applicable products or product sectors.

The International Model - II The nature of harmonization Accepted Common Regulatory Objectives (CROs) for products or product sectors by interested countries; Transposition of CROs into national technical regulations.

Application of the International Model - I Sub-regional level The Commonwealth of Independent States (CIS) In 2003, twelve countries of CIS decided to use the International Model in preparing the intergovernmental agreement on harmonization of their technical regulations for the elimination of technical barriers to trade within CIS countries. The Balkan countries - regulatory convergence is discussed at present.

Application of the International Model - II Sectoral approach Telecom Industry Initiative Consultations of UNECE Secretariat and „START“ team with telecom companies in General support of WP.6 for this Initiative in October The preparation of a set of horizontal Common Regulatory Objectives for telecommunication products traded and used globally and specific CROs for each product, based on international and regional standards by the interested companies.

Application of the International Model - III Sectoral approach - Telecom Industry Initiative The first meeting of experts from Ministries/Agencies of interested UNECE member States and invited specialists was held on May this year. Ad hoc task force To create conditions conducive to the acceleration of economic development and integration; To make public services available to everybody at any time, and at any place; To allow citizens easier access to information.

Application of the International Model - IV Sectoral approach Earth Moving Machinery A pilot project in this area is being prepared by industrial companies. The proposal will be presented at forthcoming 13th session of WP.6 in November.

Another WP.6 initiative Market Surveillance UNECE International Forum on Market Surveillance in 2002 identified a number of issues of concern to Governments regarding control mechanisms and called for continuing to work on these matters, inter alia, by proposing to establish a group of experts. The inaugural meeting of the team of experts was held in Slovakia in September 2003 and was organized by WP.6.

„MARS“ Group - I The name of the team is “Advisory Group on Market Surveillance” with acronym “MARS” Group. Main objectives: To develop effective systems for controlling the conformance of products in the marketplace to applicable standards and regulations;

„MARS“ Group - II  To provide interaction on a national, regional, and international level between all players in support of their efforts to prevent goods not in conformity with legislation from being placed on the market;  To increase transparency and attract attention to the role and responsibilities of public authorities in the chain of control for market surveillance;

„MARS“ Group - III  To identify good practices and methods ensuring fulfilment of legitimate objectives in protection of human health and safety, protection of animal or plant life and health or protection of the environment and entrusting fair competition in existing legislation;  To promote and initiate good practices and drawing up recommendations on market surveillance in the UNECE region.

Conclusion  Further development and harmonization of technical regulations, conformity assessment procedures, standards, and mechanisms of market surveillance can considerably contribute to the improvement of human, animal and plant life and the environment.  Close co-operation of UNECE member States in this regard can bring positive results not only to the UNECE region, but also to UN at large.  Therefore, the participation of experts nominated by your Governments in the activities of WP.6 is highly desirable.