chile’s experience on transparencymddb.apec.org/documents/2011/scsc/con1/11_scsc_con1_017.pdf ·...

2011/SOM1/SCSC/CON1/017 Session 4

Chile’s Experience on Transparency

Submitted by: Chile

6th Conference on Good Regulatory Practice Washington, D.C., United States

1-2 March 2011

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Chile’s Experience on Transparency

Carolina Ramírez Joignant

Head of TBT Sub-Department

GeneralDirectorate ofInternationalEconomic Affairs

Topics

Fulfillment WTO/TBT Agreement obligations (T ) d FTA /B t P ti(Transparency) and FTAs/Best Practices

Other Advances: SMEs/Best Practices

Direcon | Ministry of Foreign Affairs

Challenges

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FulfillmentObligations WTO/TBT

Agreement and FTAs

TBT National enquiry point

National Commission on Technical Barriers to Trade

Decree 77 (Ministry of Economy): Decree of GRP

The Regulatory bodies have improved their websites

Portal of Chilean technical regulations


TBT National Enquiry Point

General Directorate of International Economic Affairs (DIRECON)General Directorate of International Economic Affairs (DIRECON) Ministry of Foreign Affairs


TBT Sub-Department

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• It was created in 1997.

• It is headed by the General Directorate of International Economic Affairs(DIRECON), Ministry of Foreign Affairs.

• It is conformed by the representatives of the Ministries and Public Agencies thaty p gdevelop, adopt and apply technical regulations and conformity assessmentprocedures, the INN (Standardization Body) and Officials from the Ministry ofForeign Affairs

• Objective:

– To coordinate and provide consistency to the work of the institutions involved with technical regulations and conformity assessment procedure

Direcon | Ministerio de Relaciones Exteriores


Functions:

• To Review and analyze of the general standardization, regulation andconformity assessment systems in Chileconformity assessment systems in Chile.

• To update the WTO/TBT activities (4 times a year) for its implementationand application in Chile transparency obligations

• To identify and analyze the topics on WTO/TBT and other internationalinstances which require a national position.

• To Analyze and follow up the free trade agreement negotiations

• Support on the administration of the current agreements, mainly byproviding technical information about particular sectors.


• To review and analyze the national technical regulations’ public availability.

Implementation of a network of focal points in the different agencies tocoordinate work and to respond to information requirements.

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MINISTRY OR GOVERNMENTAL AGENCY

AREA WEB SITE

Transport Vehicles www.mtt.cl

Telecommunications Telecommunications www.subtel.cl

General Direction of Public Works Road and Construction www.mop.cl

Housing Planning, Urban D l t d N ti l G d

Construction materials, seismic design, fire ti t

www.minvu.clDevelopment and National Goods prevention, etc.

Ministry of Agriculture SAG Agriculture products and animal products, pesticides, fertilizers, seeds, alcohol, meat, fruits, etc.

www.agricultura.gob.clwww.sag.cl

Ministry of Environment Environment www.mma.gob.cl

Superintendence of Electricity and Fuel (SEC)

Electric products and fuel www.sec.cl

SERNAPESCA (Fishing National Service) SUBPESCA (Undersecretary of Fishing)

Fishing www.sernapesca.clwww.subpesca.cl

Ministry of Health Health ; Food products www.minsal.cl ISP (Public Health Institute) Pharmaceuticals products

Cosmeticswww.ispch.cl

Ministry of Economy Consumer National Service

Labeling www.sernac.cl www.economia.cl

INN (National Institute of Standardization)

Standards www.inn.cl

Superintendence of Sanitary Services

Sanitary Services www.siss.cl

Ministry of Defense Arms, Defense www.defensa.cl

Decree 77: Decree of GRP

• Throughout 2003 the Commission on TBT worked on the elaboration of aDecree

• This Decree ensures compliance with TBT principles, obligations andprocedures.

• Decree 77/2004: Requirements for the Preparation, Adoption and Application ofTechnical Regulations and Conformity Assessment Procedures

• This Decree was agreed by consensus in the Commission on TBT.


• The scope of the Decree, relates to the principles of the TBT Agreement andgood regulatory practices (GRP).

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• The Decree has allowed enhancing awareness among the Chilean agencies regarding:

• The benefits of having clear and uniform rules on how technical regulations and conformity assessment procedures (CAP) should be developed, adopted, and applied.

• The process for its elaboration gave the opportunity to answer the agencies inquiries and to share the main concerns.

• The Decree establishes principles of the TBT Agreement such as: use ofinternational standards, non-discrimination, avoidance of unnecessary barriersto trade and transparency


to trade and transparency.

• It includes a broad system of consultation of draft regulations with thecommunity and a time period for comments (at least 60 days)

• It requires to keep relevant information available to the public (objective of themeasure, alternatives considered, advantages and disadvantages, etc.)


• Technical regulations and/or CAP must allow a reasonable time between the date of their adoption and their application. A reasonable time shall be understood to mean a period of no less than six months.

• The Ministry or agency with regulatory powers shall analyze the commentsreceived and take said written comments into account. In addition, it must makeavailable to the public responses to any significant comments it received.

• The Decree 77 is available in: http://www.reglamentostecnicos.cl/OtroDocumento/ComisionNacional


(Spanish and English version)

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Good Practices of the Regulatory bodies

A di t th bli il bilit f t h i l l ti thAccording to the public availability of technical regulations, theagencies have been improving the information contained in theirwebsites.

Superintendence of Electricity and Fuel

Ministry of Health

Ministry of Housing

Consumer National ServiceDirecon | Ministry of Foreign Affairs

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Portal of Technical Regulations of Chile

With funds from a project with the EC, it was developed a Portal (web site),whose objective was to have a unique web site with all the technical regulations(TR) and conformity assessment procedures (CAP) of Chile, and information( ) y p ( ) ,related to TBT issues.

www.reglamentostecnicos.cl


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Other Advances

Establishment of the Council for Transparency

SMEs/Best Practices


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• The Council for Transparency is an autonomous corporation of public law, thathas its own patrimony. It was created by the Law of Transparency of the PublicFunction and Access of Information (2009)

• Objectives:

Council for Transparency

• Objectives:

Promote the principle of transparency and expand the right of access to public information,generating relevant information on levels of implementation in the public sector and bestpractices installed.

Guarantee the provision of the right of access to public information to ensure its accessibility,enforceability and availability

To improve the regulating legislation on transparency and the right of access to information


o p o e e egu a g eg s a o o a spa e cy a d e g o access o o a owhile promoting the efficiency of governance and citizen control.

Install Transparency Council based on a model of governance quality that promotes citizencontribution, incorporating comparative experiences and best practices.

www.consejotransparencia.cl

• The Council of Transparency has elaborated two instructions that pursue themission of making easier to the people to understand the information that the publicinstitutions must publish in their web sites in compliance with the Transparency Law.

Council for Transparency

• The main changes that these instructions are suggesting are:

It changes the way the institutions must inform their attributions, responsibilities and mainobligations they are subject under the law.

The instruction requests that the salary of each person that works in the institution is informedat its full before and after taxes

The instructions suggest as a good practice that every organization should also publish in theirweb

-the salary of every authority, even if they are not demanded by law to do so;


-their statement of disclosure of special interests and assets;

-the payments and expenses that every person may receive due to travel obligations in amonthly form.

The instructions try to move one step ahead to fulfill a better definition of some concepts likemain stock holder of a company that goes into business with the government;

The law demands that every organization must make public every decision that has effects onthird parties

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•Law 20.416 (SME Statute), 2010: incorporates a procedure to design secondaryregulations by taking into account their impact on SMEs in terms of compliancecosts (Article 5)

SMEs – Law 20.416

Combines regulatory good practice/ procedure with transparency

First step toward a potential RIA (simplified) system, today in the process of earlyimplementation

Looked at OECD experience (USA, Australia, among others)


• Coordinated Interagency Working

• Ministry of Economy

SMEs – Law 20.416: Implementation of Article 5

Promulgation of Supreme Decree 80 (July 2010): regulates the procedure forannouncing of general legal standards affecting EMT (SMEs)

• Council for Transparency

Development of the General Instructional No. 8 (August 2010): obligation ofinforming the draft of standards that impact to EMT (SMEs)


• Committee on Integrity and Transparency (SEGPRES: General Secretariat ofPresidency)

Coordinating body for all those responsible for public sector transparency

In force since September 2010

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SMEs – Law 20.416: General Procedure

Regulator designsregulatory proposal

Transparency Banner at own Ministry

Ministry ofEconomy

Publish preparatorydocuments (form)(15 days in advance)

Send regulatory proposal

(15 days in advance)


Ministry of Economy revises those forms

Ministry of Economy interact with regulator proposing the norm

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

• New Project (Funds?)• Develop an Alert System (WTO/TBT

notifications)Improve the Portal of Technical

Regulations

CHALLENGES

notifications)• Improve the search system of TR and CAP

Regulations

• Publications• Others: WTO

Increase capacity building activities to the regulatory bodies

• Develop a guide of GRP based on WTO/TBTPublication of a Guide of GRP Develop a guide of GRP based on WTO/TBT obligations and principles and other GRP guides (APEC, OECD)

Publication of a Guide of GRP

• Having a formal mechanism of RIA for TR and CAP

Having a formal mechanism of RIA


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THANK YOU…

GRACIAS.

chile’s experience on transparencymddb.apec.org/documents/2011/scsc/con1/11_scsc_con1_017.pdf ·...

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