Workshop on Good Regulatory Practice

G/TBT/GEN/67
Page 3

Workshop on Good Regulatory Practice

18-19 March 2008

Programme

At the Fourth Triennial Review of the TBT Agreement, concluded in November 2006, the TBTCommittee agreed to share experiences on a number of aspects relevant to good regulatory practice with a view to deepening understanding of the contribution good regulatory practice can make to the implementation of the TBT Agreement. At the March2007 meeting, Members decided to hold a workshop in March 2008 back-to-back with the TBT Committee's regular meeting.[1]

The attached programme has been prepared in light of suggestions received from Members. The event will be held in the form of four panel sessions. The Annex provides brief biographies on the speakers and moderators.

It is stressed that all Members should communicate the names of their capital-based participants (other than funded participants from developing country Members whose names have already been communicated to the WTO), by e-mail or fax. These names should be sent to Mrs.Una Flanagan
(E-mail: ; Fax: +41 22 739 5620) with a copy to: .

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18 March 2008

Registration (08h30 – 10h00)

1.  General Approaches (10h00 – 13h00)

Good regulatory practice can help avoid unnecessary obstacles to trade in the preparation, adoption and application of technical regulations, standards and conformity assessment procedures. This session is intended to exemplify different general approaches taken by Members to good regulatory practice when implementing the disciplines of the TBTAgreement.

Panel (10 minute interventions) - Moderator: Mr. Jeff Weiss, United States

(i)  Brazil's new draft National Guide on Good Practice (Mr. Alfredo Carlos Orphão Lobo)

(ii)  Canada's new standards guide for regulators developed by the Standards Council of Canada (Mr. David Shortall)

(iii)  Chile's experience with Good Regulatory Practice (Mrs. Ana María Vallina)

(iv)  European Communities: Making Better Regulation (including simplifying existing regulation)

(v)  Japan's experience and perspectives on good regulatory practice
(Mr. Masafumi Sugano)

(vi)  Korea's Approach to Good Regulatory Practice (Dr. RHYU, Gyung Ihm)

(vii)  Malaysia's experience inpreparation for the implementation of Good Regulatory Practice (Ir. Rajinder Raj)

Discussion

2.  Internal Transparency and Consultative Mechanisms (15h00 – 18h00)

Members have attributed importance to openness, transparency and accountability in the regulatory processes. This session will consider examples, based on Members' experiences, of domestic administrative mechanisms established to facilitate cooperation and coordination between competent authorities and co-ordination with other stakeholders. This could, for instance, include means by which local governments as well as non-governmental parties are included in domestic consultation activities.

Panel (10 minute interventions) - Moderator: European Communities

(i)  Colombia: Experience with domestic mechanisms for transparency and consultation (Mr. RamónMadriñan)

(ii)  South Africa: South Africa's Technical Regulatory Framework - A focus on transparency and consultation (Dr. Tshenge Demana)

(iii)  United States: The importance of transparency in regulatory reform

Discussion

19 March 2008

3.  Regulatory Impact Assessment (10h00 – 13h00)

RIAs have been identified as one tool to assist regulatory decision-making. This session will address how RIAs can assist regulatory decision-making, including with respect to factors used by regulators to determine whether there is a need to regulate in a given situation or whether other instruments are better suited to fulfil the legitimate objective sought. Members may also wish to discuss the assessment of costs and benefits of proposed regulations, including the likely impact on consumers, trade and industry.

Panel (10 minute interventions) - Moderator: Mr. Rajinder Raj, Malaysia

(i)  Overview: Benefits and Application (Mr. Scott Jacobs)

(ii)  Canada's experience with RIAs (Ms. Karen M. Zarrouki)

(iii)  Chinese Taipei: The experience of Chinese Taipei in promoting Regulatory Impact Assessment (Ms. Jennifer Fang-Yu HUANG)

(iv)  European Communities: Impact Assessment and Reducing Administrative Burdens in the EU

(v)  United States: How to Determine If/When to Regulate (Mr. Neil Eisner)

(vi)  OECD: Strengthening Trade-Related Policy Coherence In Assessment Tools: The Experience Of Emerging Economies (Mrs. Barbara Fliess)

Discussion

4.  Regulatory Cooperation Initiatives (15h00 – 18h00)

Regulatory cooperation between regulators from different Members, whether informal or formal in nature, can help achieve a better understanding of different regulatory systems. This session will consider how regulatory cooperation has promoted harmonization, mutual recognition and equivalency, thereby contributing to the avoidance of unnecessary regulatory differences and to the reduction of unnecessary barriers to trade.

Panel (10 minute intervention) - Moderator: Mrs. Ana María Vallina, Chile

(i)  European Communities and the United States: The EU-US regulatory cooperation initiative (joint presentation)

(ii)  Israel's Experience in Cooperation between Regulators (Mr. Grisha Deitsch)

(iii)  India: Mr. Chandrasekher (Bureau of Indian Standards)

Discussion

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ANNEX

Biographical Information on Speakers and Moderators

Session 1: General Approaches

Alfredo Carlos Orphão Lobo (Brazil)

Mr. Lobo is currently Quality Director of INMETRO, the Brazilian National Institute of Metrology, Standardization, and Industrial Quality. He is also the executive secretary of the Brazilian Committee of Conformity Assessment (CBAC), of the Brazilian Committee of Standardization (CBN) and of the Brazilian Committee of Regulation (CBR). A Mechanical Engineer, Mr. Lobo is specialized in Petroleum Equipment Engineering. He has worked for Petrobras for 28 years and been involved in different activities such as construction and assembly, quality management and human resources management. Between 1996 and 1999, Mr. Lobo set up and coordinated a team that established the Brazilian Program for Quality and Productivity (PBQP).

David Shortall (Canada)

David Shortall is a consultant in the area of standards, conformity assessment and trade. He is presently an advisor to Canada's delegation to the WTO TBT Committee and regularly attends TBT Committee meetings. From 1996 to 1999, Mr Shortall served as Canada's delegate to the TBT Committee and to the APEC Sub-Committee on Standards and Conformance. From 1999 to 2004, Mr.Shortall managed the policy group at the Standards Council of Canada which provides advice on standardization and issues related to regulation and trade.

Ana María Vallina (Chile)

Mrs. Vallina has been Head of the Foreign Trade Department in the Ministry of Economy of Chile since August 2003. In the Ministry of Economy, she is responsible for the direction, coordination and implementation of international commercial policy. As an International Advisor to the Minister and Vice-Minister, Mrs. Vallina has contributed several bilateral trade negotiations including with the United States, European Communities, South Korea, Japan, China and India. She leads the negotiations on TBT matters. Moreover, Mrs. Vallina is actively involved in the Public-Private Council for Export Development and is a Member of Chile's Board of the Standardization National Institute. In 2004, she was Chairperson of the APEC Sub-Committee of Standard and Conformance. Mrs. Vallina has held teaching positions at Universities for over 20 years and holds a Ph.D. in Economics from the University of Miami.

Masafumi Sugano (Japan)

Mr. Sugano is the Deputy Director for the International Affairs Office, Technical Regulations, Standards and Conformity Assessment Policy Unit of the Ministry of Economy, Trade and Industry of Japan.

Dr. Rhyu, Gyung Ihm (Korea)

Dr. Rhyu is Director of the TBT Division of the Korean Agency for Technology and Standards (KATS). She has played a prominent role inthe area of standardization and conformity assessment. She has a PhD in biochemistry from Purdue University from 1984.

Mr. Rajinder Raj Sud (Malaysia)

Mr. Rajinder Raj has worked most of his career in the area of standards and conformity assessment. He is currently the Director of Standards at the Department of Standards of Malaysia. This Department is responsible for national standards policy development and implementation. From 1998 to 2006, Mr Raj was a senior manager at SIRIM Berhad, where he was responsible for managing the National WTO TBT Enquiry Point, the National Committee secretariat. During this time he also served as Malaysia's representative at the WTO TBT Committee. From 1994 until 1997, Mr. Raj was responsible for the quality assurance section in the Standards and Quality Division of SIRIM Berhad.

Session 2: Internal Transparency and Consultative Mechanisms

Ramon Eduardo Madriñan (Colombia)

Mr. Madriñan has been Director for Economic Regulation at the Ministry of Commerce, Industry and Tourism of the Republicof Colombia, since 2004. Prior to that he practiced law in various private practices in Colombia and Canada. He is currently an Associate Professor specializing in the area of technical barriers to trade at the Javeriana Law School in Bogotá. Mr Madriñan has published articles on TBT issues from a developing country perspective.

Dr Tshengedzeni Demana (South Africa)

Dr Tshengedzeni Demana is Chief Director in the Enterprise and Industry Development Division of the South African Department of Trade and Industry. Dr Demana has, among other things, set up the National Metrology Institute of South Africa and been responsible for restructuring government agencies responsible for accreditation, metrology and standardization. Prior to joining the Department, Dr Demana lectured chemistry at the University of the Western Cape and has a number of peer-reviewed publications to his credit. Moreover, Dr. Demana is a member of the South African National Accreditation Board and is South Africa’s representative on the Chemical Programme of the OECD Environment Programme. Among his academic credits, Dr. Demana obtained a MSc and subsequently a PhD in Analytical Chemistry from the University of Michigan in Ann Arbor in 1992.

Session 3: Regulatory Impact Assessment

Scott H. Jacobs

Mr. Jacobs is an international expert in regulatory reform and the Managing Director of Jacobs and Associates. Mr. Jacobs is currently the lead lecturer for the RIA Training Courses offered jointly by the College of Europe in Bruges and Jacobs and Associates. Mr. Jacobs advises governments and international institutions on regulatory reform strategies. He has also worked for the OECD where he developed and directed the Program on Regulatory Reform from 1995 to 2001. As well, at the OECD, Mr. Jacobs wrote the first international standard on regulatory quality and led multi-disciplinary teams to review national regulatory practices, producing detailed studies of regulatory reform. His work in regulatory reform began in 1985 in the U.S. Office of Management and Budget, in the Office of the President. He has written several books and articles on the subject. He received his graduate degree from Princeton University in the United States.

Karen M. Zarrouki (Canada)

Ms. Zarrouki is a Senior Policy Analyst currently acting in the position of Director in the Regulatory Affairs Sector, Treasury Board Secretariat of Canada – a central agency of the Canadian Federal Government. With principal responsibility for regulations relating to agriculture, Ms. Zarrouki provides advice and guidance to Federal Government organizations on preparing Regulatory Impact Analysis Statements for proposed regulations. This involves implementing the recent reforms in regulating, as introduced in 2007 through the Cabinet Directive on Streamlining Regulation. Over her 17-year career in the Canadian government, Ms. Zarrouki has held various positions in which she provided advice on issues relating to regulation, agriculture and agri-food, and broader issues relating to rural and remote communities.

Jennifer Fang-Yu HUANG (Chinese Taipei)

Ms. Huang is Chief of Administration Section and Chief of External Liaison and Policy Promotion, Center for Economic Deregulation and Innovation, Council for Economic Planning and Development (CEPD). Ms. Huang has also worked in the Urban Development Department of Taipei City Government and National Bureau of Standards (Ministry of Economic Affairs) and has carried out research work at the Institute of Information Science of Academia Sinica, Chinese Taipei. Her work in CEPD covers international affairs regarding APEC, OECD, and the WTO, as well as other international think tanks. Ms. Huang was educated at the School of Architecture, University of Maryland, in the United States and has a one-year doctoral study at Edward J. Bloustein School of Planning and Public Policy from New Jersey, USA.

Barbara Fliess (OECD)

Mrs. Fliess works for the Trade Liberalization and Regulatory Issues Division of the OECD’s Trade & Agriculture Directorate. She is responsible for the programme of work on non-tariff measures affecting trade in goods and analysis of TBT issues is part of this work. As well, Mrs. Fliess liaises with other parts of OECD dealing with regulatory reform and good regulatory practices. Prior to joining the OECD, in 1995, Mrs. Fliess worked in the private sector and for a research institute linked to the German Government.

Session 4: Regulatory Cooperation Initiatives

Grisha Deitch (Israel)

Mr. Deitch has served as Israel’s Commissioner of Standardization since 1994 and is responsible for laboratory approval and for market surveillance of conformity to standards. He has worked with the Ministry of Industry, Trade and Labor for 35 years, initially in the National Physical Laboratory of Israel, as head of the Physical Standards Division. Previously he served for one year as Controller of Weights and Measures where he was responsible for all aspects of legal metrology in the country. He is also Technical Director of the National Physical Laboratory of Israel and is a member of the boards of directors of the Standards Institution of Israel and ISRAC – The Israel Accreditation Authority. He has a Master’s degree in applied physics from Vilnius State University of Lithuania and has to his credit some 39 publications which have appeared in Israel and abroad.

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[1] G/TBT/19, paras 19 and 20; G/TBT/M/41, para. 88.