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Transparency mechanisms in
domestic regulation
WTO Working Party on Domestic RegulationWorkshop on Regulatory Practices
Geneva, 11 April 2011
Transparency : a tool for efficient policy design
WTO transparency commitments replicated and expanded in Regional Trade Agreements wider and more sophisticated
provisions in recent RTAsExtensive domestic transparency
mechanisms among OECD countriesto enhance domestic regulatory quality to avoid unnecessary obstacles to trade
The UK review of the Insurance Premium Tax
provisionsReview specifically undertaken to address potential non-tariff barriers to tradeEU regulatory changes made compliance
requirements for overseas insurers redundantRegulation revisited with the help of
concerned stakeholders in 2007to identify possible policy optionsto help understand the circumstances
prevailing in the regulated sectorto assess current and future compliance costs
Criteria for effective stakeholder inputOrganise consultations
at a stage when there is scope to influence the policy outcome
lasting at least 12 weeksoffering clarity about
the consultation process, what is being proposed, the scope to influence and the expected costs and benefits of the proposals
accessible and clearly targeted
Keep the burden of consultation to a minimumAnalyse the responses and provide feedback
Outcomes of the consultation
Identified requirements generating the greatest difficulties to overseas insurers
Calculated business benefits from their removal in the range of GBR 1.4 to GBR 3.5 million
Anticipated favourable fiscal effects through better enforcement on currently non-compliant foreign insurers
Identified drawbacks of alternative optionsAmended regulation announced in 2008
Budget
The US review of the DOT Drug and Alcohol Testing rules
Review aimed at streamlining existing text and
amendments,reflecting changes in technology respecting “Plain Language” policies
APA safeguards in the rulemaking processAdministration expected to listen to
comments and concerns of people likely to be affected
Notice of Proposed Rulemaking
Publication of a notice accessible to allWide-ranging, open-ended participationFocussed through structured and
detailed supporting materialThematic alert mechanismsPublication of commentators’ inputs
and a point-by-point responseExplanation of the administration’s
policy choices
Proposals to address potential obstacles for service providers
across the US borderTraining and qualification requirements
Recognition of licences issued in NAFTA partners
Divergences in labour and workplace regulation Tailored application of human rights laws
Provision of a large transitional period to allow adaptation
Common features in reviewed country cases
Advance notice, time and flexibility to adjustTimeliness of consultation, possibility to
influence the rulemaking processAccessibility of information, plain languageStructured and comprehensive informationInteractivity of consultationResponsiveness of the administration
Further information
Transparency mechanisms and non-tariff measures
OECD Trade Policy Working Paper No.111
Trade in Services web page :www.oecd.org/trade/services
