International Regulatory Cooperation: Mexico s Experience ANNEX

Transcription

1 International Regulatory Cooperation: Mexico s Experience ANNEX OECD Workshop on Trade and International Regulatory Cooperation Paris, France February 10th, 2014

2 Contents I. IRC Instruments currently applied by Mexico II. Mutual Recognition Agreements III. Central America Mexico Free Trade Agreement. Technical Barriers to Trade Committee IV. Mexico Bilateral Cooperation: Tools for Regulatory Reform

3 I. IRC Instruments currently applied by Mexico Mexico is following different levels of International Regulatory Cooperation that may result in different cooperation instruments. Advanced IRC Basic IRC Bilateral approaches Horizontal exchanges and experiences Goodwill of the parties. Basic formalities. Total involvement of COFEMER Intermediate IRC Multilateral Actions of Cooperation Cooperation Agreements Network development. Higher formalities than Basic IRC. Involvement of COFEMER, Ministry of Economy and/or Ministry of Foreign Affairs Regulatory Cooperation Councils Technical Groups of Regulatory Improvement on Trade Agreements Higher formalities than Intermediate IRC. Deeper cooperation and involvement of all the agencies of the Federal Government

4 II. Mutual Recognition Agreements Through the Federal Law of Metrology and Normalization, among other legal resources, Mexico recognizes the Mutual Recognition Agreements (MRAs) as a way to facilitate trade in goods and services. Mexican MRAs Requirements for implementation of MRAs Countries Colombia United States of America Canada Norway Netherlands France Ecuador Venezuela Between others Topics / Products Testing and control Washing machines, Refrigerators, Kitchen appliances, Gas valves, Gas connectors, Gas Regulators, Heathers, Air conditioning, Circuit breakers and fuses White goods Between others I. There must exist reciprocity between Parties; II. The MRA needs to be mutually satisfactory to facilitate the trade of goods, processes or national services; and III. Preferably, the MRA should be concluded by institutions or entities of the same nature, or with equivalent powers.

5 II.1 Examples on MRA s Memorandum of Understanding between the Government of the United States of America and the Government of the United Mexican States relating to the Recognition and Validity of Federal Driver Licenses and Commercial Driver Licenses Memorandum of Understanding between the Government of Canada and the Government of the United Mexican States relating to the Recognition and Validity of Federal Driver Licenses and Commercial Driver Licenses Recognitions: April 1992 Mexico recognizes and accepts the Commercial Driver s License issued by the United States, and United States recognizes and accepts Mexico s Federal Driver s Licenses. March 1994 Mexico recognizes and accepts the Commercial Driver s License issued by Canada, and Canada recognizes and accepts Mexico s Federal Driver s Licenses.. (a) It is not required to a Canadian resident, when driving a motor vehicle and holding a valid Canadian driver s license, to obtain a Mexican license to be able to drive within the territory of the Mexican United States. (b) It is not required to a Mexican resident, when drivinf a motor vechicle and holding a valid Federal driver s License, to obtain a Canadian commercial driver s licence to be able to drive within the territory of Canada. (c) Drivers who own a Federal or Commercial driver s license may only drive those kinds of vehicles for which they have passed the exams and obtained the appropriate license in their country of origin.

6 III. Central America Mexico Free Trade Agreement. Technical Barriers to Trade Committee Objective To facilitate and increase trade in goods by identifing, preventing and eliminating unnecessary barriers among the Parties, as a result of the elaboration, adoption and enforcement of regulations, technical standards, testing and certification procedures. The WTO TBT Agreement is the basis of this Chapter Scope & Coverage It applies to: regulations, standards, testing and certification procedures elaborated, adopted and enforced by either Parties that may, directly or indirectly, affect trade among Parties. It does not apply to: sanitary and phitosanitary measures, or purchasing specifications established by governments for its needs of production and consumption. Mechanisms to promote International Regulatory Cooperation (IRC) Regulatory Activities A TBT Committee Cooperation

7 III. Central America Mexico Free Trade Agreement. IRC Objectives IRC Objectives To strenghten the mechanisms that increase transparency in regulation, technical standards, testing and certification procedures To simplify the ways to comply with requirements of such regulations and procedures. To promote the integration and harmonisation of such regulations and procedures. Regulatory Cooperation activities Regulations & Technical Standards i. Exchange of information for a better knowledge of the regulatory system of the Parties; ii. Harmonisation and compatibility of standards and technical regulations; iii. International forums on normalization; iv. Technical assistance v. Joint stakeholder participation in the development of common technical standards, and testing and certification procedures. Testing and certification procedures These objectives demmand the joint elaboration of regulatory co-operation work plans on the bilateral and regional level. (i) to promote the compatibility and harmonisation of the Testing and certification procedures; (ii) to encourage the conclusion of mutual recognition agreements (MRAs) among the Parties, and (iii) to foster the conclusion of MRAs among private agencies of the Parties, involved in testing and certification procedures.

8 IV. Mexico Bilateral Cooperation: Tools for Regulatory Reform Because of the importance of the regulatory cooperation in the main international fora and in trade agreements, Mexico has been promoting bilateral agreements with other countries, in order to strengthen this cooperation and bonds. Ministerial Agreement signed on February 19th, 2013 Exchange of experiencies Regulatory cooperation Technical assistance Implementation of best practices RIA & Public Consultation Administrative Burden Reduction Regulatory Planning and Stock Review Best practices at the subnational level Other agreements and exchange of experiences: Costa Rica Similar approaches are currently being followed with: Chile Colombia Peru Nicaragua Exchanges with Brazil, Ecuador, Malasia, Russia, Vietnam and China

9 Thank You!