Dealing with technical barriers and standards : challenges and opportunities for standardisation in the Region / by Camella Rhone

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DEALING WITH TECHNICAL BARRIERS AND STANDARDS
CHALLENGES AND OPPORTUNITIES FOR STANDARDISATION
IN THE REGION
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ISSUES FOR THE REGION
WHAT - Understanding standards and
standardisation in context of regional and
international trade WHY Factoring the
increasing importance of standards to facilitate
development and gain economic advantage, in
strategic planning. HOW Application for
benefit to Caribbean countries Implications of
failing
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WHATSTANDARDISATION
Why the CARICOM Regional Organisation for
Standards and Quality (CROSQ) was established The
relationship between Standards, Trade
Facilitation and Economic Development The Link
between the National, Regional and International
processes
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WHY CROSQ WAS ESTABLISHED
WHAT IS CROSQ?
The CARICOM Regional Organisation for Standards
and Quality is An intergovernmental (Caribbean
Community) organisation Established in December
2002 by the Treaty of Chaguaramas, which
established the Caribbean Community, CARICOM in
1973.
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DEVELOPMENT ROADMAP
1975 - 2002
The Caribbean Common Market Standards Council)
2002 - 2003
2003 - 2006
Agreement Establishing CROSQ signed by Governments
CROSQ Secretariat in place Regional Quality
Infrastructure (RQI) being established
2006 - 2009
International Recognition of the RQI (MSTQ
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CROSQ FACILITATING TRADE ECONOMIC DEVELOPMENT
Conformity assessment mechanisms are generally
referred to as the Quality Infrastructure
(QI) The organisations, structures and systems
for the regulatory and harmonising activities in
countries and activities that conform to stated
requirements (including - laws, regulations,
standards and contracts).. RQI Regional
Quality Infrastructure
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GLOBAL STANDARDISATION MODEL.. FAILURE as NON
CONFORMANCE
Conformity Assessment Procedures defined as
- ..any procedure used directly or indirectly to
determine that relevant requirements in technical
regulations or standards are fulfilled...
Standards - embedded in market decision making
as neutral and objective indices for decision
making Certification - a mark of objective
verification of compliance. The agents of
certification - the compliance gatekeepers The
certification process - based on standards to
ensure legitimacy across public and private
sector boundaries The certification mark - a mark
of conformity which enables mutual recognition.
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STRATEGIC BUILDING BLOCKS IN ESTABLISHING THE RQI
Stakeholders in Region
Metrology
Standards
Testing
Quality
CROSQ Processes and Support Systems (including IT)
Member States National Infrastructure
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Government Relations
The CROSQ REGIONAL (RQI) Model(Interdependent
State Partnership Model)
Developing the standards and technical
specifications
REGIONSPublics /Civil society
Ensuring participation through policy and
training,
Access of all Member States to Internationally
recognised Regional resources
REGIONS Member States
REGIONS Private Sector
Ensuring compliance with mandatory regulations
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Customers Wants Integrated Solutions
The CROSQ REGIONAL (RQI) Model(Interdependent
Resource Sharing Model)
Based on Regional Auditing, Assessing
Verification
REGIONAL Quality Assurance Mechanism
Implementation at National levels
REGIONAL Standards Infrastructure
REGIONAL Testing Infrastructure
Caribbean testing laboratories in collaboration
REGIONAL Metrology Infrastructure
Regional application of National competencies
with International recognition
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RQI ESTABLISHED WITH SUPPORT FROM INTERNATIONAL
FUNDING PARTNERSHIPS (CGPM, SADACSTAN, CODEX,
etc), THROUGH CROSQ 2006 to 2009
2005- 2008
Harmonised Regional Standards Development
Infrastructure
2006- 2009
A recognised and traceable Regional Metrology
Infrastructure
2006 -2009
Establishing an internationally recognised
certification and accreditation mechanism
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ISSUES FOR THE REGION, reminder..
WHAT - Understanding standards and
standardisation in context of regional and
international trade WHY Factoring the
increasing importance of standards to facilitate
development and gain economic advantage, in
strategic planning. HOW Application for
benefit to Caribbean countries Implications of
failing
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REGIONAL STANDARDISATION
HARMONISED REGIONAL QUALITY INFRASTRUCTURE (RQI),
and CONFORMITY ASSESSMENT PROCEDURES Definitions
of Standards, Standards Related Matters and
their applications are harmonised
with/equivalent to international definitions and
norms.
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STANDARDISATION
ARTICLE 1 of Agreement Establishing CROSQ
defines Standards - approved guidelines, rules,
or characteristics (Including terminology,
symbols, packaging, marking or labelling), for
products or related processes and production
methods, that provide for common and repeated
use. Compliance is not mandatory
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STANDARDISATION
ARTICLE 1 defines Standards Related Matters -
include technical regulations, conformity
assessment procedures and metrology Technical
Regulations - specify product characteristics or
their related processes and production methods,
including applicable administrative provisions,
terminology, symbols, packaging, marking or
labelling requirements Compliance is mandatory
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CROSQ - a CARICOM RESPONSE
TO HARMONISATION FOR ENSURING PARTICIPATION FOR
SUPPORTING TRANSPARENCY TO MAKE MOSTOF SCARCE
TECHNICAL RESOURCES FOR PROMOTING INTERNATIONAL
ACCEPTANCE OF THE REGIONAL PROCESS
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HARMONISATION CROSQ
CROSQ The CARICOM Regional Organisation for
Standards and Quality An intergovernmental
(Caribbean Community) organisation Established
by the Treaty of Chaguaramas (July 4,1973)
revised to establish the Caribbean Community,
including the CARICOM Single Market and Economy
(CSME)
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CROSQ HARMONISATION ECONOMIC DEVELOPMENT
The Agreement Establishing CROSQ (2002, signed by
Heads of Government of CARICOM) PREAMBLE
establishes the basis Regions vulnerability to
entry of sub-standard products Implications for
consumer welfare and the environment Efficient
operation of the CSME (CARICOM Single Market and
Economy)
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CROSQ HARMONISATION COMPETITIVENESS
The Preamble ... The international
competitiveness of goods and services produced or
provided in the Caribbean Community Recognition
by competent international standardising
organisations Benefits to the Member States of
the Caribbean Community (eg. technical
assistance)
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ROLE OF CROSQ
The establishment and harmonisation of standards
for the enhanced efficiency and improved quality
in the production of goods and services in the
Community. (Agreement Establishing CROSQ, signed
by Heads of Government of CARICOM, December 2001)
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THE CROSQ MANDATE
To support the establishment of the CSME To
promote the development and harmonisation of
standards, metrology, technical regulations To
promote the mutual recognition of conformity
assessment procedures and accreditation/certificat
ion systems based on internationally accepted
criteria
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THE CROSQ MANDATE
To promote consumer welfare and safety To
promote and protect the interests of States
Parties and Associate Members in regional and
international standardising fora, including
external negotiations To facilitate the
achievement of international competitiveness of
regional goods and services by fostering a
culture of quality in regional enterprises
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THE CROSQ MANDATE
To contribute to the preservation of the
environment and conservation of the natural
resources of the Community To promote awareness
of standards and standards-related matters in
governments, commerce, industry and consumers To
facilitate trade
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FACILITATING IMPLEMENTATION
CROSQ has full juridical personality   States
Parties shall in their jurisdictions accord to
CROSQ the same capacity accorded to legal persons
under their national laws, including the capacity
to contract, acquire, hold and transfer property
and to sue and be sued in its own
name Agreement Establishing CROSQ Article 14
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THE CARIBBEAN COMMUNITY (The CARICOM Single
Market and Economy (CSME))
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LIMITATIONS OFCOMMUNITY RESOURCES
Member States at different economic levels
(Strongest in Trinidad and Tobago, the Bahamas,
Barbados) High public debt levels, (92 of GDP
in 2003, up from 56 in 1997, exceeding 100 in
Antigua, Grenada, Dominica, Guyana, Jamaica and
St. Kitts-Nevis) , Slow economic growth (GDP
growth was estimated at between 5 and 2 in
2004) Growing trade imbalances
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COMMUNITY RESOURCES.
Realitively weak industrial base Vulnerable
service based economies Lack of economies of
scale and Global structural reforms limiting
advantage CHARACTERISTICS OF SMALL ISLAND
STATES (SIDS)
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USING STANDARDS TO FACILITATE TRADE
Trade liberalization is related to development
of the capacity to meet standards (for product,
practices and processes) The obligations of our
Small Island Developing States (SIDS) include
rules defined by - WTO, FTAA, EU/EPA, CSME
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CARICOM CONFORMITY ASSESSMENT IN CONTEXT OF TBT
The TBT Articles 5 and 6 refer inter alia
to ..non discrimination and the prevention of
unnecessary obstacles to international trade
harmonisation transparency And Articles 7 to
9 refer to local government bodies, non
governmental bodies and international and
regional systems
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CARICOM CONFORMITY ASSESSMENT ..
CARICOM conformity assessment procedures are
related to TBT Article 9 which deals with
..international and regional systems .. .. CROSQ
is established as an Intergovernmental Regional
organisation, and shall support, inter alia
Mutual recognition of the CARICOM regions
conformity assessment procedures and
accreditation/ certification systems
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CARICOM CONFORMITY ASSESSMENT ..
Conformity assessment procedures (TBT Annex 1.3)
Procedures for sampling, testing and
inspection Evaluation, verification and
assurance of conformity and Registration,
accreditation and approval To build trust/support
confidence that the products being traded conform
to applicable standards and technical regulations
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CARICOM CONFORMITY ASSESSMENT ..
Conformity assessment procedures (TBT Annex
1.3) based on Harmonisation (One standard one
test.., One certification, one time.. to
ensure Portability of certification..) Demonstra
ting harmonisation/equivalence (The use of
common/similar procedures) Transparency
(Information requirements) Notification
Obligations
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FACILITATION SIDS and RULES OF TRADE
Trade liberalization is related to development
of the capacity to meet standards (for product,
practices and processes). Trade agreements
may facilitate non reciprocal trading
arrangements The international community will
assist SIDS, once they play by the rules
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FACILITATION The RULES

• In support of a level, secure and predictable
  cross border environment in which to do business
• Tariff reductions in manufactured products
• Reduction of agricultural protection
  elimination of quotas
• Safeguards, anti-dumping, countervailing duty
  measures
• Trade-Related Investment Measures (TRIMs)
• Trade-Related Aspects of Intellectual Property
  Rights (TRIPS),
• General Agreement on Trade in Services (GATS)
  customs valuation.

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FACILITATION RULES STANDARDS AS TOOLS (DEFINED
RULES)
Standards used as reference documents in
national, regional and international trade.
Standards developed transparently, With input of
all interested parties, By a process of
consensus Process managed by standards
institutions operating at the national, regional
and international levels
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TRADE FACILITATION WTO Agreements
WTO Rule Agriculture SPS
TBT TRIPS GATS
GATT Issues

Infectious Disease
X X
X Food
Safety
X Tobacco Control X
X X
X
X Environment
X X

X Access to Drugs

X Health Services

X Food Security
X X

X Biotechnology
X X
X X Information Tech.

X X
Traditional Knowledge
X
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TRADE FACILITATION STRATEGIC SECTORS STANDARDS

•  ICT- Service/product (GAT/GATS)
• Trade investment Service (processes /practices)
  (TRIMS)
• Disaster management Service/ product
• Environment - Service/product
• Food and agriculture Service/ product
• Oceans water Service/product
• Energy - Service/product
• Health Education Service/product
• Culture diversity, traditions - Service/ product
  (TRIPS)
• Customs - Service/product
• Labour - Service/product

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FACILITATION ECONOMIC DEVELOPMENT STANDARDS
AS SOFT LAW
Old approach international treaties (hard law)
which impose conditionality on emerging
economies, eg.structural adjustment
programmes. New emphasis soft law (regulations,
standards and norms) which are extensively
diffused and entrenched in transforming domestic
economic, social, and political governance NB
The standardisation process is not new. What is
new is the pervasive imposition of standards
across all sectors and in Trade rules.
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FACILITATION ECONOMIC DEVELOPMENT STANDARDS
AS SOFT LAW
As entry requirements in a broad range of
international regimes and organisations -        
Accession partnership agreements in the EU
domestic governance preconditions -         Entry
into the WTO..standards in respect of market
access, financial liberalistion and regulatory
norms and processes. -         World Bank rules
of law and anticorruption guidelines tied to
lending -         IMF data dissemination
standards -         Environmental
Accords -         Labour treaties -        
Social standards
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FACILITATION ECONOMIC DEVELOPMENT Standards
as Soft Law - RESPONSIBILITIES
Trade agreements based on non binding
commitments Compliance and delegation depend
on the domestic authority Autonomous
regulatory institutions manage the process
- THE STATE ROLE MOVES FROM GOVERNMENT (direct
intervention) TO GOVERNANCE (facilitatory
intervention with policy separated from
operations and services contracted to private
sector) THE PRIVATE SECTOR LEADS THE PROCESS THE
CONSUMER/BUYER DICTATES THE MARKET  
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GLOBAL STANDARDISATION MODEL.. IMPLICATIONS FOR
FAILURE
Model managed by rules based on mutual
recognition Globalisation - a microeconomic
process to ensure that domestic regulation fit or
is harmonised with the external international
process. Thus with economic integration (CSME
WTO FTAA), failure to harmonise standards and
regulations blocks international recognition of
the domestic process
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GLOBAL STANDARDISATION MODEL.. IMPLICATIONS FOR
FAILURE
.Mutual recognition Based on TRUST Process of
TRANSPARENCY Process of INCLUSION and
CONSENSUS (Standards preparation must comply
with the Code of Good Practice for the Adoption
and Application of Standards (WTO/TBT Rules)
FAILURE LIMITS INTERNATIONAL RECOGNITION
LIMITED INTERNATIONAL RECOGNITION RESTRICTS
CROSS BORDER EXCHANGE OF GOODS AND SERVICES
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ESTABLISHING THE REGIONAL QUALITY INFRASTRUCTURE
(eg. METROLOGY)
2004
Strengthening of relationship between CROSQ and
CARIMET (CROSQ responsible for Metrology)
2004-2005
2005
Approval of projects to deepen Regional
Technical Capacity in Metrology
Recognition of the Regional model (CARICOM
membership in CGPM CROSQ signs the CGPM/CIPM MRA)
2006- 2009
Establishing an internationally recognised
Regional Metrology Infrastructure (With grant
funding)
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Thank you for your attention
CAMELLA RHONE Executive Secretary,
CROSQ crosq.caricom_at_crosq.org