Transparency mechanisms in domestic regulation WTO Working Party on Domestic Regulation Workshop on Regulatory Practices Geneva, 11 April 2011.

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Presentation transcript:

Transparency mechanisms in domestic regulation WTO Working Party on Domestic Regulation Workshop on Regulatory Practices Geneva, 11 April 2011

Transparency : a tool for efficient policy design WTO transparency commitments replicated and expanded in Regional Trade Agreements wider and more sophisticated provisions in recent RTAs Extensive domestic transparency mechanisms among OECD countries to enhance domestic regulatory quality to avoid unnecessary obstacles to trade

The UK review of the Insurance Premium Tax provisions Review specifically undertaken to address potential non-tariff barriers to trade EU regulatory changes made compliance requirements for overseas insurers redundant Regulation revisited with the help of concerned stakeholders in 2007 to identify possible policy options to help understand the circumstances prevailing in the regulated sector to assess current and future compliance costs

Criteria for effective stakeholder input Organise consultations at a stage when there is scope to influence the policy outcome lasting at least 12 weeks offering clarity about the consultation process, what is being proposed, the scope to influence and the expected costs and benefits of the proposals accessible and clearly targeted Keep the burden of consultation to a minimum Analyse the responses and provide feedback

Outcomes of the consultation Identified requirements generating the greatest difficulties to overseas insurers Calculated business benefits from their removal in the range of GBR 1.4 to GBR 3.5 million Anticipated favourable fiscal effects through better enforcement on currently non- compliant foreign insurers Identified drawbacks of alternative options Amended regulation announced in 2008 Budget

The US review of the DOT Drug and Alcohol Testing rules Review aimed at streamlining existing text and amendments, reflecting changes in technology respecting Plain Language policies APA safeguards in the rulemaking process Administration expected to listen to comments and concerns of people likely to be affected

Notice of Proposed Rulemaking Publication of a notice accessible to all Wide-ranging, open-ended participation Focussed through structured and detailed supporting material Thematic alert mechanisms Publication of commentators inputs and a point-by-point response Explanation of the administrations policy choices

Proposals to address potential obstacles for service providers across the US border Training and qualification requirements Recognition of licences issued in NAFTA partners Divergences in labour and workplace regulation Tailored application of human rights laws Provision of a large transitional period to allow adaptation

Common features in reviewed country cases Advance notice, time and flexibility to adjust Timeliness of consultation, possibility to influence the rulemaking process Accessibility of information, plain language Structured and comprehensive information Interactivity of consultation Responsiveness of the administration

Further information Transparency mechanisms and non- tariff measures OECD Trade Policy Working Paper No.111 Trade in Services web page :

Contact OECD Trade and Agriculture