Integrating market openness into the regulatory process : Good governance in the area of technical regulations

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Integrating market openness into the regulatory
process Good governance in the area of
technical regulations

• Evdokia Moise
• OECD Trade Directorate

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Good regulatory practices enhance market openness

• Market openness reinforces domestic economic
  performance

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Six principles of efficient regulation
Transparency
Competition Principles
Non- discrimination
Market openness
Avoidance of unnecessary trade restrictiveness
Streamlining conformity assessment procedures
Use of internationally harmonised measures
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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

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Streamlining conformity assessment procedures

• Avoid duplicative procedures through flexible
  application of
• mutual recognition
• unilateral recognition
• suppliers declaration of conformity
• Strengthen market confidence in conformity
  assessment through the use of accreditation
  mechanisms

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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

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Non-discrimination

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

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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

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Competition principles

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

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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

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you may also contact me at

• evdokia.moise_at_oecd.org
• Thank you