Project Title

Enhancing Regulator Expertise on the World Trade Organisation Agreement on Technical Barriers to Trade 

Project Year

2017   

Project Number

CTI 06 2017A 

Project Session

Session 1   

Project Type

Standard 

Project Status

Project in Implementation   
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Project No.

CTI 06 2017A 

Project Title

Enhancing Regulator Expertise on the World Trade Organisation Agreement on Technical Barriers to Trade 

Project Status

Project in Implementation 

Publication (if any)

 

Fund Account

APEC Support Fund 

Sub-fund

ASF: General Fund 

Project Year

2017 

Project Session

Session 1 

APEC Funding

150,000 

Co-funding Amount

5,000 

Total Project Value

155,000 

Sponsoring Forum

Sub-Committee on Standards and Conformance (SCSC) 

Topics

Conformance; Standards 

Committee

Committee on Trade and Investment (CTI) 

Other Fora Involved

 

Other Non-APEC Stakeholders Involved

 

Proposing Economy(ies)

United States 

Co-Sponsoring Economies

Australia; Chile; Indonesia; Japan; New Zealand; Papua New Guinea; Peru; Philippines; Thailand; Viet Nam 

Expected Start Date

01/04/2017 

Expected Completion Date

31/12/2017 

Project Proponent Name 1

Kent Shigetomi 

Job Title 1

Director, Multilateral Non-Tariff Barriers 

Organization 1

Office of the US Trade Representative 

Postal Address 1

600 17th Street, NW, Washington, DC 20508, USA 

Telephone 1

1-202 3959459 

Fax 1

Not Applicable 

Email 1

kent_shigetomi@ustr.eop.gov 

Project Proponent Name 2

Not Applicable 

Job Title 2

Not Applicable 

Organization 2

Not Applicable 

Postal Address 2

Not Applicable 

Telephone 2

Not Applicable 

Fax 2

Not Applicable 

Email 2

Not Applicable 

Declaration

Kent Shigetomi 

Project Summary

The results of the 2016 update to the survey of good regulatory practice (GRP) indicate that APEC economies have taken significant steps towards applying GRP, but still have room to improve.  In the Individual Action Plans developed under the Renewed APEC Agenda for Structural Reform, regulatory improvements are cited more frequently than any other work area.  Clearly, APEC economies are interested in additional work to strengthen regulator expertise and improve the implementation of the WTO TBT Agreement.  This project will build upon previous work in APEC by organizing a two-day conference to be held at SOM III in Ho Chi Minh City, Viet Nam, in August 2017.  The workshop will focus on issues of specific concern to regulators, including those specifically mentioned in RAASR Individual Action Plans: regulatory quality, applications of GRPs, regulatory cooperation, and conformity assessment.

Relevance

In the 2016 RAASR Individual Action Plans, more economies cited regulatory improvement as an area for work than any other issue.  Twelve APEC economies are pursuing work to improve regulatory quality, apply regulatory impact analysis, to apply GRPs, and to analyze the very structure of their regulatory process.  Thus, APEC must continue disseminating information on the benefits of using GRP in policymaking and achieving high level support for regulatory reform, especially when non-tariff barriers to trade and restrictions to investment became the forefront of market access issues.

In addition, several economies included work to support the efforts of SMEs to expand their exports to other markets.  Research has shown that when standards-related measures are outdated, overly burdensome, discriminatory, or otherwise inappropriate, these measures can reduce competition, stifle innovation, and create unnecessary technical barriers to trade. These kinds of measures can pose a particular problem for small and medium SMEs, which often do not have the resources to address these problems on their own.  Reducing technical barriers to trade will help all APEC economies increase their exports and enhance prosperity.

The conference will have benefits for all APEC economies, and for the multilateral trading system as a whole.  However, given that certain APEC economies have identified regulatory improvement as an element of their IAP, this conference is likely to have greater benefit to those economies.  We expect that economies will be able to apply the information gleaned from the workshop to produce higher quality regulations and reduce the chances that a proposed measure will impede trade. 

This project is directly relevant to the following 2017 APEC project priorities derived from the instructions of Leaders and Ministers:

· (Rank 1) Structural Reform, including overcoming the MITs and implementation of the RAASR

· (Rank 1) Standards, conformity assessment, technical regulations, regulatory cooperation, and regulatory coherence.

·  (Rank 1) Human development, capacity building, cooperation on education

·  (Rank 1) Supporting the multilateral trading system and implementation of Bogor Goals

·  (Rank 1) Strengthening innovation capacities and competitiveness of MSMEs and MSMEs insertion into GVCs.

Objectives

1) To identify tools and best practices to develop, adopt, and implement necessary and effective regulations.

2) To consider the best approaches for regulatory cooperation.

3) The analyze methods for conducting regulatory impact assessment and to consider ways to determine when to conduct such analysis.

4) To learn about the recent WTO jurisprudence in TBT disciplines related to technical regulations and standards.

Alignment

Alignment - APEC: This project responds directly to the Leaders priorities of ensuring that regulatory policies in the region contribute to achieving critical policy objectives, such as the protection of health, safety, and the environment, while promoting free and open trade.  The Osaka Action Agenda indicates the important role of GRP in achieving the Bogor goals, specifically calling on APEC economies to promote GRP.  The 2011 Leaders declaration called for APEC economies to “develop, use, or strengthen processes, mechanisms, or bodies to enable a whole of government approach in the development of regulations, including coordination across … agencies.”  The 2016 Leaders statement highlights the importance of GRP for APEC economies. 

Alignment – Forum: Good regulatory practices are a critical part of reducing behind the border barriers to trade.  They also enable APEC economies to achieve pressing environmental, safety and health challenges.  In the CTI/SCSC, good regulatory practices are one of the key priority activities. GRPs are is included in the SCSC’s Terms of References (ToR), the Collective Action Plan (CAP), and set as one of the seven regular agenda items of the SCSC.

TILF/ASF Justification

The WTO Agreement on Technical Barriers to Trade (TBT Agreement) contains rules that help ensure that standards-related measures serve legitimate objectives, are transparent, and do not create unnecessary obstacles to trade.  The agreement establishes rules on developing, adopting, and applying voluntary product standards and mandatory technical regulations as well as conformity assessment procedures (such as testing or certification) used to determine whether a particular product meets such standards or regulations. These rules help distinguish legitimate standards-related measures from protectionist measures, and ensure that testing and other conformity assessment procedures are fair and reasonable.

The TBT Agreement recognizes that WTO Members have the right to prepare, adopt, and apply standards-related measures necessary to protect human health, safety and the environment at the levels they consider appropriate and to achieve other legitimate objectives. At the same time, the TBT Agreement imposes obligations regarding the development and application of those measures.

This project is intended to strengthen the ability of regulators in all economies—and particularly those in developing economies—to understand and adhere to the obligations in the TBT Agreement.  By enhancing the ability of regulators to understand and apply the TBT Agreement, economies will be able to produce higher quality regulations that fulfill legitimate public policy objectives, while not creating unnecessary barriers to trade.

The workshop is intended to provide developing economies with practical information on how to understand and apply the provisions in the TBT Agreement.  The conference agenda was based on a previous project that the United States conducted with an APEC economy.  The agenda was modified to reflect the work of that earlier project, as well as to reflect the results of the 2016 update to the 2011 survey of GRPs in APEC economies.  The agenda includes issues of direct relevance to developing economies, including regulatory impact assessment, designing effective technical regulations and conformity assessment procedures, and effective public consultations.

Beneficiaries and Outputs

Outputs:

Workshop: The main focus of the project is to organize and stage a workshop Ho Chi Minh City, Viet Nam, on the margins of SCSC 2 (August 2017).  The workshop will include sessions devoted to the relevance of the WTO TBT Agreement; Regulatory Impact Assessment and Cost-Benefit Risk Analysis; Developing Effective Technical Regulations, the WTO Jurisprudence on TBT disciplines; Approaches to Conformity Assessment; Regulatory Coherence in Trade Agreements; Regulatory Cooperation: and Private Sector Perspectives on the Development of Technical Regulations and Conformity Assessment Procedures. 

Report: An electronic report that will be available to all economies will be developed at the end of the conference.  It will contain the conference agenda, materials/presentations and curricula vitae of speakers. These materials will be e-mailed to participants and will be made available in the APEC website. 

Recommendations: As previously done in conferences related to GRP, recommendations for future work will be prepared as part of the report guided by the discussions/results of the workshop.  The project overseer will also survey and compile feedback from participants, especially input related to possible areas for future capacity-building activities. 

Outcomes:

·  The key outcome of this project is the enhanced ability of regulators in APEC economies to understand and apply the obligations in the TBT Agreement.  By doing so, they will be able to develop standards, technical regulations, and conformity assessment procedures that achieve the intended public policy outcomes, while not erecting unnecessary barriers to trade.  This will, in turn, lead to expanded trade between APEC economies, since there will be fewer barriers to trade.

·  The workshop will also complement the 10th Conference on Good Regulatory Practice (another project led by Viet Nam), which will immediately precede this workshop.  Together, the events will expand understanding of GRP in APEC economies.

·  Together with the GRP conference, this workshop will demonstrate to officials in APEC economies the importance of stakeholder engagement to develop strong standards-related measures.  It will also provide stakeholders with information on how to provide effective comments to draft standards-related measures.

·  Information on WTO jurisprudence will enhance regulators’ understanding of how their actions can affect international trade and what any WTO-related effects might be.

·  APEC economies will learn about how other economies have developed and implemented regulatory cooperation mechanisms. 

Beneficiaries: The target participants for this project will primarily be regulators in APEC economies.  However, since the quality of regulations is enhanced by transparency and broad opportunities for public comment, we intend to invite other government officials (e.g., trade), the private sector, and NGOs. All relevant materials will be made available to non-participants free of charge on the APEC website. It is expected that SCSC members will share the outcomes from the conference and the revised GRP documents within their governments and that they will inform their business community about the conference outcomes and GRP documents through their regular bulletins and websites. 

Given the physical proximity of Viet Nam to ASEAN economies who not APEC economies, we intend to identify regulators from these economies who would benefit from the workshop.  We plan to pay for their travel using funding from the Standards Alliance, a separate U.S. funding facility to provide assistance to developing economies in their implementation of the WTO TBT Agreement. 

Women will actively participate in the planning, management, allocation of resources, and implementation of the project and will play key decision making roles in planning the conference. The project overseer will actively encourage the participation of women in the conference, including as presenters at the conference. 

Description of Appropriate Workshop Participants: 

Regulators:  This workshop is intended to enhance regulators’ expertise with the TBT Agreement, so regulators are the ideal participants.  Officials from government agencies should have a basic understanding of the rulemaking procedures in their economy, GRP and the WTO TBT and/or SPS agreements.  Ideally, they should have line or supervisory responsibility for the development or implementation of regulations in their economy. 

Private Sector and Civil Society:  Sound standards-related measures should be developed through a process that provides for meaningful consultation with the public.  As a result, representatives of organizations that regularly review and provide comments to draft measures are also ideal participants.  Private sector participants should have experience providing comments on draft technical regulations, standards, or conformity assessment procedures.  They should be familiar with the rulemaking or standards development processes in their home economy.  In addition, representatives of organizations that represent SMEs or women-owned businesses would also provide a different perspective.  Specifically, the project overseer will consult with advisory committees that provide input on trade-related issues to the U.S. government (see “Gender,” below).  The project overseer will also consult with the U.S. Small Business Administration and the U.S. Office of Management and Budget, which houses the central regulatory body in the United States.  Finally, the project overseer will consult with the American National Standards Institute (ANSI), which has deep experience in identifying and incorporating the views of small and medium-sized organizations. 

Representatives of international organizations: Other multilateral organizations have conducted important work on GRP and the application of the TBT Agreement.  An official from the WTO Secretariat would be an obvious speaker on the subject of WTO jurisprudence.  Officials from the OECD, the APEC Specialist Regional Bodies (SRBs), and individual standards development organizations and conformity assessment bodies would also benefit from the workshop. These participants will have experience similar to that of regulators (e.g., transparency, public comment), or they will have background in the relevant international trade obligations. 

Representatives of Other APEC Groups:  The application of the TBT Agreement and good regulatory practice have been discussed in other APEC groups.  The Economic Committee has responsibility with the SCSC to organize the annual conference on GRP and has conducted GRP work on its own.  The SMEWG and the Food Safety Cooperation Forum have both done work to strengthen the relationship between industry and regulators.  Officials from these APEC groups would also have an interest in participating.

Dissemination

The number, form and content of any publications:  The results of the conference will be published electronically on the APEC website. The electronic publication will include the conference agenda, presentations, curricula vitae of speakers and a summary report of the conference. This information will be accessible to the public following the conference to ensure that only updated information are reflected therein. 

The target audience:  The target audience would include government regulators, organizations that develop standards or conformity assessment procedures, trade officials, and representatives of trade associations. 

Any intention to sell outputs arising from this project:  There is no intention to sell the outputs arising from this project. Member economies will be encouraged to disseminate results of the conference with their respective agencies and business communities through their websites.

Gender

The team of officials in the United States and other economies that are overseeing the project include both male and female officials. The proposing economy leads are facilitated by both genders according to the Guide on Gender Criteria for APEC Project Proposals of the Guidebook on APEC Projects.

Both men and women in the APEC region are affected by standards-related measures. Standards-related measures that are nontransparent, discriminatory, or otherwise unwarranted can act as significant barriers to trade.  Such measures can pose a particular problem for SMEs, minority-owned businesses, and women-owned businesses, which often do not have the resources to address these problems on their own.  Consequently, the project overseer will make a strong effort to reach out to SMEs and women-owned businesses to encourage their participation.  Specifically, the project overseer will consult closely with the advisory committees who provide input on trade issues to the U.S. Government, including the Industry Trade Advisory Committee on Small and Minority Businesses, a group of business persons who will also be able to provide the views of women-owned businesses.  The project overseer will consult with other economies to identify similar groups that can provide input.

Work Plan

A.    Project planning May – December 2017

B.  Actions

C.  Outputs

D.  Timeline

PRE-APPROVAL PHASE

Development of agenda and program drafts

Agenda

Program drafts

May 2017 (already circulated to interested economies and the Secretariat)

Definition of workshop schedule and expected date

Expected date

Late-May 2017

Identification of experts, speakers and participants

List of speakers, moderator

List of participants

List of experts

Late-May 2017

Clear description of workshop activities

List of activities, others

Late-May 2017

POST-APPROVAL PHASE

Invitation to experts, speakers, participants and non APEC economies

Letters of invitation

Mid-June 2017 (initial outreach already initiated)

Set final agenda and program

Final agenda & program

Mid-June 2017

Experts, speakers and participants confirmation

Answers to invitation letters

July 2017

Workshop

Conference presentations

August 2017

Develop report  

Report and recommendations

September 2017

Submit workshop results to economies

Conference results report

October 2017

Submit completion report and action plan to Secretariat

Final report

December 2017

Workshop – August 2017 (margins of SCSC 2): A two-day event, with time allotted to develop conclusions and recommendations.  A survey of participants to evaluate the effectiveness of the conference.

Expected outputs/Deliverables:

- A conference report documenting the key conclusions, as well as summaries of the discussion, any decisions and/or recommendations;

- A work plan/list of capacity building priorities of APEC economies, and how future SCSC work can address these needs.

Endorsement of the results such as recommendations and action plan (SOM 3- 2017): If the GRP conference is held prior to SCSC 2in 2017, then the project overseers will seek the endorsement of the SCSC of the results.  If the conference takes place following the SCSC meeting, then the project overseers will work intersessionally in order to secure endorsement at SCSC1 in 2018.

Publication of Results of the Conference (October 2017): Follow-up communication requesting feedback on the dissemination activities done by participants at their respective economies.

Results of the conference will be published in the APEC website. If possible a news article in the website.

Project completion report (December 2017): The PO will prepare the completion report by the end of the calendar year.

Risks

We view the project-related risks as low. The workshop is scheduled to take place on the margins of the APEC SOM 3 events in order to maximize participation and to strong participation from the intended beneficiaries and speakers.

APEC has played a leading role in international work on GRP for over two decades, so the project overseers and co-sponsors are familiar with the subject.  Many of the officials who will work on the project also represent their economies in other international fora, such as the WTO TBT Committee.  Other officials have helped to organize previous GRP conferences, other SCSC projects, and individual bilateral capacity-building work.  The project overseer and co-sponsoring economies will communicate regularly via teleconference and email as planning proceeds.

The project overseer intends to mitigate the risk associated with this project by:

·  Continuing to consult with APEC member economies and other stakeholders on the agenda, topics, and possible speakers throughout the planning process.

·  Engagement of the U.S.-APEC Technical Assistance to Advance Regional Integration (US-ATAARI) program to provide administrative support for the workshop, including registration, recordkeeping, and implementation assistance.

·  Consulting with the American National Standards Institute (ANSI), which organized an earlier workshop on the TBT Agreement.  ANSI administers the Standards Alliance, a U.S. program to help developing economies implement the WTO TBT Agreement.  As mentioned earlier, we may use funds from the Standards Alliance to pay for the travel of officials from non-APEC ASEAN Economies.

·  Establishing strict internal deadlines for finalizing the agenda and speaker selection.

Monitoring and Evaluation

Although there is no single metric that can be used to determine whether the project has achieved its objectives, we can examine a range of data points to compile an overall picture of the success of the workshop.  These would include:

·  An increase in notifications of draft standards and technical regulations to the WTO, especially by those economies who have not notified many such measures.

·  An increase in the opportunities for public comment on draft standards-related measures, and evidence that regulators have addressed such comment. 

·  An increase in the application of regulatory impact assessment procedures by regulators in economies. 

·  An increase in the number of regulatory cooperation activities, or an increase in output by existing cooperation frameworks. 

·  A decrease in the number of specific trade concerns (STCs) raised in the WTO TBT Committee that relate issues covered at the workshop. 

·  Feedback from stakeholders and organizations about their experiences with regulatory agencies in economies that participated in the workshop. 

Some of this data can be easily measured (e.g., number of STCs raised at the WTO, number of WTO notifications).  Other data is less quantitative (e.g., feedback from stakeholders).  Some data may be quantitative, but not easily collected (e.g., information on RIA or regulatory cooperation). 

In 2011, the United States conducted a baseline survey of GRP in APEC economies.  This survey was updated twice, in 2013 and 2016.  Although no decision has yet been made on future updates, any such work could provide additional data to evaluate the success of the project.

Linkages

Engagement: This project will build on extensive past work in this area in the SCSC and the EC, including the previous conferences on good regulatory practices and the survey of GRP in the APEC region.  This workshop will build on many of the issues discussed at the 9th GRP Conference held by the EC in 2016, including regulatory cooperation and building support for regulatory reform.  In addition, the SCSC is collaborating on a workplan with the SMEWG that includes work on capacity-building to help SMEs improve their knowledge of standards and conformance issues, including their ability to engage in public consultations.  The project overseer has already circulated the draft agenda to interested economies and will integrate the feedback received.  The United States will consult closely with the SMEWG and EC to publicize the event and solicit their input.  The workshop will also build on, and contribute to, ongoing GRP work in the WTO and the OECD. The outcomes of the conference will be widely shared and will benefit both APEC and non-APEC member economies.

Previous work: This project will build on the previous work in APEC, particularly of the SCSC and the CTI, their relevant sub-fora, and the EC. It will draw from the work of the previous nine GRP conferences, the APEC-OECD Checklist on Regulatory Reform, EC publications on GRP, the 2011 Survey of GRP in APEC Economies (and the two follow-up questionnaires to that survey).  It will also build on work in the WTO TBT Committee, the OECD, and individual capacity-building efforts by APEC economies (e.g., the U.S. Standards Alliance project).  The project overseer and coordinating committee members are either directly engaged in these other efforts, or have colleagues who are.

APEC’s comparative advantage: APEC has been a leader in GRP work for over two decades,  The 2005 APEC-OECD checklist on regulatory reform, the 2011 Honolulu Declaration on regulatory reform, the annual conferences on GRP, and the 2011-2016 survey of GRP in APEC economies are examples of APEC’s strong and consistent work in this area.

Sustainability

How will beneficiaries be supported to carry forward the results and lessons from the project?

To follow the direction from APEC Leaders in 2015 to promote structural reform for being critical to improve economic efficiency and increase productivity (through an enhanced regulatory environment), the surveys will be paramount to measure the grade of GRPs application, along with the commitment of high level officials for facilitating the efforts to implement GRPs in their economies.

After project completion, what are the possible next steps to build on its outputs and outcomes, how to ensure these future actions will take place and how will next steps be tracked?

The recommendations and work plan that will be developed by the project could be referred to continue strengthening of capacity building programs for GRP.

Further projects and conferences are expected to measure the progress economies have made on the usage and adoption of GRP, according to: (1) 2011 Baseline Study of Good Regulatory Practices, (2) APEC Economic Policy Reports, and (3) the final report of the 10th Conference on GRP.

The proposing APEC economy of the 11th Conference on GRP is expected to consider the results contained in the final report of the 10th Conference on GRP and to build a follow-up document of the work plan in the upcoming years.

How will progress on the outcomes and impacts be measured?

The results will be shared with the WTO/TBT Committee as well as international standards organizations such (e.g., ISO, IEC, ITU) through the SCSC, for their information. It is important to address a work plan based on the strengths and competencies of member economies will be developed and will be further enhanced in future GRP conferences. This will allow to measure progress on the outcomes and impacts of the project.

Project Overseers

Kent Shigetomi is the Project Overseer and will manage the project, including managing of contractors and specialists involved. Kent serves as the Director for Multilateral Non-Tariff Barriers at the Office of the U.S. Trade Representative.  Kent is also the U.S. representative to the APEC SCSC and is therefore familiar with APEC work on GRP and the TBT Agreement.  He has participated as a speaker in previous GRP conferences and other APEC SCSC projects.  He has also served as one of the two project overseers for project CTI 27 2013A, “Aligning Energy Efficiency Regulations for ICT Products - Implementing a Strategic Approach.”

Cost Efficiency

Not Applicable.

Drawdown Timetable

Not Applicable.

Direct Labour

The main duties to be covered included general logistical support for the event, such as registration, distributing and collecting surveys and other material, management of audio-visual equipment, set-up of signage and screens, and recordkeeping.

Waivers

a)  Fund the airfare and per diem of Speakers/Experts and Active Participants who are government officials;

We will seek to include speakers who already plan to attend SCSC 2 or other events at SOM 3 (e.g., officials attending the EC meeting or the 10th Conference on GRP).  In some cases, however, when we are unable to secure an appropriate speaker, we may seek to invite a government official from capital.  In such cases, we may seek to use project funds to cover travel expenses.

b)  Fund the airfare and per diem of Speakers/Experts from non-APEC members and/or from international organizations; and

The conference may include speakers from international organizations, such as the WTO and the OECD.  If representatives from these organizations attend, we will seek to use project funds to cover their travel expenses.  In addition, as noted above, we plan to invite participants from certain non-APEC ASEAN Economies to participate.  Their travel will be covered by separate U.S. technical assistance funds.

c)  Fund meals if a “package” cost for hosting is cheaper than a room-only rate.

d)  Given the need for qualified expert speakers on a range of issues, we will seek a waiver to cover the travel expenses of more than six speakers per day.

Are there any supporting document attached?

No 
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Project No.

Project Title

Project Status

Publication (if any)

Fund Account

Sub-fund

Project Year

Project Session

APEC Funding

Co-funding Amount

Total Project Value

Sponsoring Forum

Topics

Committee

Other Fora Involved

Other Non-APEC Stakeholders Involved

Proposing Economy(ies)

Co-Sponsoring Economies

Expected Start Date

Expected Completion Date

Project Proponent Name 1

Job Title 1

Organization 1

Postal Address 1

Telephone 1

Fax 1

Email 1

Project Proponent Name 2

Job Title 2

Organization 2

Postal Address 2

Telephone 2

Fax 2

Email 2

Declaration

Project Summary

Relevance

Objectives

Alignment

TILF/ASF Justification

Beneficiaries and Outputs

Dissemination

Gender

Work Plan

Risks

Monitoring and Evaluation

Linkages

Sustainability

Project Overseers

Cost Efficiency

Drawdown Timetable

Direct Labour

Waivers

Are there any supporting document attached?

hdFldAdmin

Project Number

Previous Fora

Secretariat Comments

Reprogramming Notes

Consolidated QAF

Endorsement By Fora

PD Sign Off

Batch

Forum Priority

Committee Ranking Category

Committee Priority

PDM Priority

Priority Within Funding Category

Monitoring Report Received

Completion Report Received

PMU Field 1

PMU Field 2

PMU Field 3

On Behalf Of

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