WORKSHOP ON REGULATORY COOPERATION BETWEEN MEMBERS WTO Committee on Technical Barriers to Trade Geneva, 8-9 November 2011 Working Together to Make Consumer.

WORKSHOP ON REGULATORY COOPERATION BETWEEN MEMBERS

WTO Committee on Technical Barriers to Trade

Geneva, 8-9 November 2011

Working Together to Make Consumer Products Safer: the China-EU example

Fabrizio Sacchetti Kong Xiaobang

European Commission China’s General

DG Enterprise and Industry Administration for Quality

Supervision, Inspection and

Quarantine

Outline

1. General Framework for China-EU Cooperation

2. China-EU Regulatory Cooperation in the TBT field: Tools and Objectives

3. The global product safety challenge

4. Practical tool: RAPEX-China

5. Case study: Toys

6. Lessons Learned and Future Challenges

General Framework for China-EU Cooperation

1985 China-EU Trade and Cooperation Agreement (currently undergoing revision and transformation into a comprehensive Partnership and Cooperation Agreement)

Bilateral cooperation steadily increased over the years

=> demand-led process

=> more than 50 areas now covered

=> widening and deepening of bilateral relations since China joined the WTO in 2001

General Framework for China-EU Cooperation

Technical assistance activities in support of China’s integration in the world trading system following WTO accession

=> EU-China Trade Project (2004-2009)

=> EU-China Trade Project II (2010-2015 – Support to China’s Sustainable Trade and Investment System)

Five components:

1. Services

2. Quality Infrastructure and TBT

3. Agriculture and SPS

4. Customs

5. Cross Cutting Issues (e.g. competition and investment policies, general WTO issues, transparency, sustainable trade, public procurement, CSR, Market Access)

General Framework for China-EU Cooperation

Political oversight:

=> High-Level Economic Dialogue (2007)

=> High-Level Strategic Dialogue (2007)

=> Annual China-EU Summits

China-EU Regulatory Cooperation in the TBT Field: Tools and Objectives

3 main dialogues:

DG ENTR- AQSIQ Regulatory Dialogue « Consultation Mechanism on Industrial Products and WTO/TBT » (2002, building on the first 4 sectoral cooperation agreements on product safety concluded in 2001)

DG ENTR-MIIT Industrial Policy Dialogue « Memorandum of Understanding on a Dialogue and Consultation Mechanism on Industrial Sectors » (2009)

DG SANCO AQSIQ Consumer Product Safety Dialogue « Memorandum of Understanding on Administrative Cooperation » (2006, expanded in 2008 and 2010)

China-EU Regulatory Cooperation in the TBT Field: Tools and Objectives

DG ENTR- AQSIQ Regulatory Dialogue

ObjectivesEnhance industrial product safetyEliminate obstacles to trade and investmentPromote regulatory convergence

Industry stakeholders, standardisers and consumers’ organisations actively participate in the dialogue

China-EU Regulatory Cooperation in the TBT Field: Tools and Objectives

DG ENTR- AQSIQ Regulatory Dialogue

10 Working Groups

3 Cross-cutting: Conformity Assessment, Standardisation (G2G dialogue mirrored by MoU between SAC and the 3 European Standardisation Organisations), TBT

7 Sectoral: Electrical & Mechanical, Toys, Automobile, Chemicals, Pressure Equipment, Textiles, Wines and Spirits

Oversight

Annual Plenary Meetings at AQSIQ Vice-Minister and ENTR Director-General level

China-EU Regulatory Cooperation in the TBT Field: Tools and Objectives

DG ENTR-MIIT Industrial Policy Dialogue

ObjectivesPromote sustainable industrial development Exchange of information and experience on industrial policy issues (framework conditions and specific sectoral policies)Echange of information on legislative and standardisation initiatives in the industrial sectors / policy areas covered

Industry stakeholders actively participate in the dialogue

China-EU Regulatory Cooperation in the TBT Field: Tools and Objectives

DG ENTR-MIIT Industrial Policy Dialogue

Five Working Groups

Automotive, Shipbuilding, SME Policy, Raw materials, Industrial Energy Efficiency.

Oversight

Annual Plenary Meeting at MIIT Vice-Minister and ENTR Director-General level

China-EU Regulatory Cooperation in the TBT Field: Tools and Objectives

DG SANCO- AQSIQ Consumer Product Safety Dialogue

Objectives Enhance safety of consumer products exported to the EU

=> exchange of information on unsafe products originating from the other Sides’ jurisidiction via the RAPEX-China on-line system

=> regular exchanges of information on scientific, technical and regulatory matters: emerging risks, market surveillance, border control and enforcement, risk assessment, product testing

China-EU Regulatory Cooperation in the TBT Field: Tools and Objectives

DG SANCO- AQSIQ Consumer Product Safety Dialogue

Objectives Enhance safety of consumer products exported to the EU (continued)

=> awareness raising campaigns, training of AQSIQ/CIQ staff, exchange of officials, outreach events

=> cooperation on consumer product traceability

=> cooperation on product safety standards issues (applicable standards, international standardisation)

=> joint enforcement actions

=> involvement of EU Member State market surveillance authorities

China-EU Regulatory Cooperation in the TBT Field: Tools and Objectives

DG SANCO- AQSIQ Consumer Product Safety Dialogue

Working Groups

2 Cross-cutting: RAPEX-China, Consumer Products / Market Surveillance

2 Sectoral: Medical Devices, Cosmetics (also parallel cooperation in these two sectors with SFDA)

Industry stakeholders, standardisers and consumers’ organisations actively participate in the dialogue

The global product safety challenge

Product Safety is a global challenge, a common concern and a shared responsibility

Globalisation of supply chains and of trade: increasingly interdependent markets

Ensure consumer confidence that goods, no matter where they are produced, are safe

Businesses and public authorities at every point in the supply chain have a responsibility for ensuring that goods are safe

The global product safety challenge

Product Safety is a global challenge, a common concern and a shared responsibility

Businesses: each economic actor bears a responsibility commensurate with his role in the supply chain. Prime responsibility lies with manufacturers and importers.

The global product safety challenge

Product Safety is a global challenge, a common

concern and a shared responsibility

Governments: provide for adequate legal frameworks and ensure effective enforcement

Enforcement is no longer a national issue: need for enhanced international cooperation (bilateral, trilateral EU-US-China and multilateral, e.g. APEC, OECD, UNECE, IPSC, ICPHSO)

RAPEX-CHINA

See separate set of slides presented by Mr. Kong

TOYS

Framework for cooperation

Toys WG under the DG ENTR-AQSIQ Regulatory Dialogue

DG ENTR-DG SANCO-AQSIQ Guidelines for Action on Co-operation for Strengthening EU-China Toy Safety (« Roadmap for Safer Toys », 2006)

TOYS

Objectives

• Ensure a high level of toy safety

• Ensure consumer confidence

• Ensure best conditions for trade in the toy sector

TOYS

Activities and Achievements

• Regular meetings between European and Chinese toy safety experts (regulators, standardisers, industry, market surveillance authorities)

• Raise awareness about applicable requirements in the EU

targeted outreach events for manufacturers in China and manufacturers / importers / distributors in the EU

training of AQSIQ / CIQ officials including through traineeships with EU Commission and Member States)

Legislation and guidance documents translated into Chinese

TOYS

Activities and Achievements

• Exchange of information on unsafe Chinese-origin toys found in the EU market (via RAPEX-China and safeguard procedure under the Toy Safety Directive) => link with preventive enforcement activities carried out by AQSIQ / CIQ

• Closer cooperation on standards

Chinese experts invited to attend CEN TC 52 meetings as observers

Coordination at ISO level

TOYS

Activities and Achievements

• 2008 Report on « Evaluating Business Safety Measures in the Toy Supply Chain »

Need to create a « product safety culture » and to embed it in the entire supply chain

• 2008 voluntary agreements between European Commission and European Associations of toy manufacturers (TIE), importers and retailers

TOYS

Current priorities

• Training on implementation of the EU new Toy Safety Directive (applicable as from 20 July 2011) Joint outreach events with U.S. CPSC during week of 14/11

Extensive training materials in Chinese, «train the trainer » initiatives

Focus on central role of toy designers and manufacturers and on the importance of the safety assessment to be integrated in the design phase

• Closer cooperation on market surveillance issues Facilitate greater involvement of EU Member States (see e.g. the

example of the Netherlands and Germany)

TOYS

Current priorities

• Intensify cooperation on standards

Promote greater convergence EN and GB standards for toy safety

Promote global solutions based on a high level of safety at ISO level

• Promote compatible traceability requirements and solutions, capable of fulfilling the needs of EU and Chinese toy safety legislation

Lessons Learned

• First lesson: learn from each other!

• Education, create a « product safety culture »

• Need for effective tools to disseminate relevant information to concerned operators

• Information tool mix: outreach event targeting manufacturers and importers, « train the trainer » events, E-learning tools

• Prevent better than cure: importance of linking results of market surveillance in the EU with export controls carried out by Chinese authorities

• Effective supply chain management is essential to achieve high levels of compliance

Future Challenges

• Internationalisation of the supply chain international dimension of product safetyInternational cooperation need to intensify

• Intensify information exchange on new scientific evidence on emerging risks, upcoming regulations and standards, product recalls worldwide and best practices on enforcement initiatives

Future Challenges

• Product traceability mix of mandatory requirements and voluntary systems that each manufacturer needs to implement based on the characteristics of his products, manufacturing process and distribution system

• Greater convergence / harmonisation of safety requirements and standards would be desirable for optimal levels of consumer protection and effective international cooperation

• Education: continue to invest in informing businesses about their obligations under product safety legislation

WEB ADDRESSES

More information can be found at:

AQSIQ:CN: http://www.aqsiq.gov.cn/EN: http://english.aqsiq.gov.cn/

DG SANCO - RAPEX:RAPEX: http://ec.europa.eu/consumers/safety/rapex/index_en.htmInternational Cooperation / China-EU relations: http://ec.europa.eu/consumers/safety/int_coop/index_en.htm

DG ENTR - Toys: Toys: http://ec.europa.eu/enterprise/sectors/toys/index_en.htmInternational Cooperation / China-EU relations: http://ec.europa.eu/enterprise/policies/international/cooperating-governments/china/index_en.htm

THANK YOU

FOR YOUR ATTENTION