Evdokia Moise OECD Trade Directorate Integrating market openness into the regulatory process : Good governance in the area of technical regulations Evdokia Moise OECD Trade Directorate

Good regulatory practices enhance market openness Market openness reinforces domestic economic performance Good regulatory policies aim to enhance the economic performance, cost-effectiveness or legal quality of regulations and related government formalities Market openness policies aim to ensure that a country can reap the benefits of globalisation and international competition by eliminating or minimising the distorting effects of border as well as behind the border regulations and practices

Six principles of efficient regulation Transparency Competition Principles Non- discrimination Market openness Streamlining conformity assessment procedures Avoidance of unnecessary trade restrictiveness The six efficient regulation principles should be built into domestic regulations, procedures and administrative practices to ensure that they successfully enhance economic performance and cost effectiveness while at the same time reinforcing market openness Use of internationally harmonised measures

Use of internationally harmonised measures Reference to international standards as a basis for national standards and domestic regulations Acceptance of foreign measures as functionally equivalent

Streamlining conformity assessment procedures Avoid duplicative procedures through flexible application of : mutual recognition unilateral recognition supplier’s declaration of conformity Strengthen market confidence in conformity assessment through the use of accreditation mechanisms

Transparency Predictability and accountability in making and implementing rules Clearly-defined rule-making procedures Consistent implementation Public availability of information information about existing and forthcoming standards and technical regulations enquiry points Public consultations codified procedures and accountability well timed opportunities for comments clearly defined rule-making procedures : WTO TBT Annex 3 Code of Good Practice for the Preparation, adoption and application of standards [establishment of appropriately qualified technical committees

Non-discrimination Effective balancing of interest across industry, consumers, regulators and other interested groups Avoidance of discriminatory effects in regulation (de facto discrimination)

Avoidance of unnecessary trade restrictiveness Awareness of trade and investment implications of regulations Analysis of anticipated effects Use of performance rather than design criteria Consideration of regulatory alternatives

Competition principles Avoid the emergence of anti-competitive practices no technical regulations mirroring specific producers

And for more on the subject … “Integrating market openness into the regulatory process : Emerging patterns in OECD countries” OECD document TD/TC/WP(2002)25/FINAL in http//www.oecd.org/trade

you may also contact me at evdokia.moise@oecd.org Thank you