1. 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

2. 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

3. 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

4. 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

5. 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

6. 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

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

8. 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

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

10. 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//

11. you may also contact me at
Thank you