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TTIP - Cross-cutting Disciplines and Institutional Provisions

TTIP - Cross-cutting Disciplines and Institutional Provisions

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Published by: Democracia real YA on May 20, 2014
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TTIP: Cross-cutting disciplines and Institutional provisions
Position paper – Chapter on Regulatory Coherence
The TTIP provides a historic opportunity for the EU and the US to substantially enhance regulatory co-operation. Such co-operation should be guided by both Parties’ right to develop and maintain,  policies and measures ensuring a high level of environmental, health, safety, consumer and labour  protection, fully respecting the right of each side to regulate in accordance ith the level of  protection it deems appropriate. !loser regulatory co-operation is not only important to  progressively achieve a more integrated transatlantic mar"etplace but also to ensure that the EU and the US #ointly and actively promote the development of international regulations and standards in co-operation and dialogue ith other partners, as ell as ensure together in the most effective ay the ob#ectives at sta"e.This position paper includes ideas on ho the TTIP could establish an effective system of transatlantic regulatory co-operation, based also an specific regulatory dialogues already in place or to be developed in certain areas. It should be read together ith the $%uilding %loc"& paper of '( )ctober '(*+, hich also outlines the general ob#ectives to be pursued by the oriontal !hapter.
1. Scope
The Horizontal Chapter on Regulatory Coherence should cover, in principle, any planned and existing regulatory measures of general application with significant (potential or actual) impact on international (and in particular transatlantic) trade. or the !" side, this would include !" primary legislation (regulations and directives), as well as implementing measures adopted at !" level and delegated acts (#non$legislative acts%). &n the "' side, this would include Congress ills as well as rules y "' federal executive and independent agencies. The rules of this Chapter should also extend to regulations y "' 'tates and !" *emer 'tates, su+ect to possile adaptations. ll sectors should e covered y the disciplines on the Horizontal Chapter, also ased on existing specific regulator dialogues. -here necessary, these disciplines may e further specified for selected sectors. n case of overlaps, any specific provisions of the TT, '/', inancial 'ervices or 'ustainale 0evelopment chapters will prevail over the more general rules of the Horizontal Chapter. ny specific provisions related to regulatory cooperation and the institutional framewor1 for this cooperation in the domain of financial services will override the general rules of the Horizontal Chapter.-ith a view to protecting and respecting the right of the /arties to regulate, oth sides will reaffirm their sovereign right to adopt new regulatory initiatives, to regulate in pursuit of legitimate pulic policy o+ectives and to ensure that their laws and policies provide for and encourage high levels of environmental, health, safety, consumer and laour protection.
2. Essential requirements for effective regulatory cooperation
The TT/ should include a clear commitment to maintain or estalish the necessary conditions for enhanced regulatory co$operation and should also develop a light governance structure for that purpose. Regulators ("' executive and independent federal agencies) and competent authorities (Commission services) should engage in ilateral and international regulatory cooperation as part of fulfilling their domestic o+ectives, to maximise common regulatory goals and examine options that could enhance regulatory compatiility, without pre+udice to their right to regulate and to define the level of protections deemed appropriate on either side.n concrete terms, where appropriate, regulators2competent authorities should cooperate to enhance regulatory compatiility, with a view to exploring trade facilitative solutions, e.g. y way of
recognition of e3uivalence, mutual recognition or reliance and exchange of data and information, or other means. Regulators2competent authorities should give due consideration to sustantiated proposals from the other side or +oint re3uests from !" and "' sta1eholders on how to achieve these goals and e re3uired to communicate to the other /arty and the sta1eholders in any appropriate form the outcome of this assessment and its rationale. The outcome of such action could e integrated in TT/ following the procedures mentioned under point 4 elow.Regulators2competent authorities should actively cooperate in promoting international standards, regulations, guidelines and recommendations and ensure their consistent implementation. This should include a commitment to ) closely cooperate in the development of relevant international instruments an ) the presentation, when feasile, of +oint !"2"' initiatives in international organisations wor1ing on these instruments.-here relevant, the /arties will ta1e the necessary steps to ensure their regulators2competent authorities can engage in such cooperation without unnecessary restrictions, including any institutional, statutory or other arriers2 inflexiilities. Regulators2competent authorities an oth sides should assess impacts of their regulatory initiatives in international and in particular transatlantic trade in addition to other effects and ta1e into account written comments from the other side on these aspects in their respective regulatory procedures.
. Periodic information on upcoming initiatives in t!e pipeline
/arties should update each other regularly, at least twice a year, on the main elements of any regulatory and legislative initiatives with potential significant trade impact as of planning stage. !ach side should share this information with sta1eholders through a single access point.n addition, on the !" side, the Commission would inform the "' dministration aout potentially significant upcoming primary legislation and non legislative acts as defined aove.The "' administration would inform the Commission aout Congress ills pending (e.g. once mar1ed up for deate in the respective Committee or 'ucommittee), as well as upcoming rules y ederal gencies (executive and independent).The information provided should include regulatory measures falling within the scope of thematic TT/ chapters on TT, '/', Customs, /rocurement, etc. and pertaining to sectors su+ect to specific regulatory commitments. The information should identify the prolem, the regulatory o+ectives, the envisaged consultations, the way in which impacts (including on international and in particular transatlantic trade) will e assessed as well as the timing for adoption of the measure.f one /arty ma1es a reasoned re3uest for information on upcoming regulatory measures y an !" *emer 'tate or a "' 'tate in the areas that will e covered y the Horizontal Chapter, the other /arty will use est endeavours to supply information on these initiatives, as availale.
". #egulatory dialogues
"pon a specific re3uest of one /arty the other /arty should offer to enter into a dialogue, providing information on possile options and impacts, and react to written comments of the re3uesting /arty. /arties shall explore possile concrete means to get to compatile outcomes or coordinated approaches, where appropriate, which achieve their respective regulatory o+ectives pursued, including the level of protection deemed appropriate on either side, while avoiding negative impacts on international and in particular transatlantic trade.Consideration should also e given to means of actively and +ointly promoting common regulatory o+ectives in international odies. !ach side should e prepared to provide information to the other side on the concrete regulatory options eing considered in such odies and discuss how
regulatory o+ectives can e achieved while at the same time avoiding negative impacts on international, in particular transatlantic, trade and investment.-hether in a ilateral or international context, each side should reply in writing to written comments from the other side, with the shortest possile delays.&n the !" side, the exchange on legislative initiatives etween the competent authority (!" Commission) and the "' regulator should ta1e place as early as possile after the receipt of the re3uest and efore the adoption of the Commission proposal for a regulation2directive. The exchange on non$legislative acts should ta1e place as early as possile following the re3uest.&n the "' side, regulatory exchange upon re3uest on non$legislative measures etween the "' regulator and the !" Commission should ta1e place as early as possile at pre$notice and post$notice stage, and efore the final rule is pulished in the ederal Register. s regards significant ills pending in the "' Congress the &ffice of *anagement and udget (&*) and the &ffice of 5egislative nformation (&5) should facilitate the transmission of written comments or statements the Commission may want to ma1e vis$6$vis the respective Congressional Committee.The Commission and the "' administration should estalish structures facilitating these dialogues. oth sides may provide to each other access to information on legislative proposals pending efore their (co)$legislators (e. g. via a specific wesite) and estalish contact points to facilitate delivery of comments made y either side vis$6$vis the (co)$legislators, to the extent feasile."pon re3uest of one /arty in relation to significant regulatory measures under development y a "' 'tate or an !" *emer 'tate, the other /arty should see1 to facilitate a dialogue involving the re3uesting /arty and the "' 'tate or !" *emer 'tate.
$. Impact assessment%Cost &enefit analysis
"' regulators (executive and independent federal agencies) and competent authorities in the !" (Commission services), when carrying out impact assessment2cost enefit analysis on proposed regulatory measures covered y this Chapter, should assess impacts on international and in particular transatlantic trade. mpact assessment should e informed y appropriate input from sta1eholders concerned. The impact assessment2 cost enefit analysis should e pulished together with the proposed or final measure.oth sides will exchange, upon re3uest, information on underlying assumptions, scientific evidence and data as well as methodology applied.mpact assessment finding and cost 7enefit analysis as tools in support of policy ma1ing will not pre+udge the /arties8 sovereign right to adopt new regulatory or legislative initiatives, to regulate in pursuit of their pulic policy o+ectives and to ensure that their laws and policies provide for and encourage high levels of environmental, health safety, consumer and laour protection.
'. Information on e(isting legislation and enquiry and contact points
!ach /arty would underta1e sta1eholder consultations on regulatory and legislative measures in the areas that will e covered y this Chapter, according to their respective consultation framewor1.!ach /arty should estalish or maintain appropriate mechanisms for responding to en3uiries from any interested person regarding any measures of general application covered y this Chapter. "pon re3uest each /arty should provide information on any existing or proposed measure that the other /arty considers might affect the operation of this greement, regardless of whether it was notified.

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