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This paper discusses the existing and potential technical barriers to trade in the ICT sector and proposes an optimum system for technical regulations. It highlights the importance of global solutions and the relevance of the UNECE Telecom Initiative to WTO processes.
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How can the Existing and Potential Technical Barriers to Trade be Removed or Reduced? Per DöfnäsDirector, Technical RegulationsGovernment Affairs & Regulations Telefonaktiebolaget LM EricssonGroup Function Strategy & Product ManagementSE – 16483 Stockholm, SWEDEN
Points for discussion • Elements of an optimum system for technical regulations • Status today (technical & administrative requirements) • New potential barriers • How can the present situation be improved? • Global products need global solutions • UNECE Telecom Initiative • Relevance of Telecom Initiative to WTO ITA
Elements of an optimum system for technical regulations in the ICT* Sector • Setting technology neutral regulatory objectives • Acceptance of technical standards as evidence of meeting these goals, while allowing for the use of other evidence • Granting free placing on the market of products meeting the obligations of the regulation • Applying a simple and fair conformity assessment method without mandatory use of 3rd party *ICT = Information and Communications Technology
Elements of an optimum system for technical regulations (cont) • Assigning clear responsibilities to the supplier through a Supplier’s Declaration of Conformity (SDoC, see ISO 17050-1) • Technical documentation giving evidence of compliance (see ISO 17050-2) • Product identifying marking, adequate to identify the responsible party • Providing information for the user • Operating an intelligent market surveillance system
Status today (technical & administrative requirements) • Technical requirements still differ between countries • EMC, safety – the situation is improving • Attachment to telecom networks, spectrum requirements – still large disparities between countries • Administrative requirements form de facto barriers, particularly for SMEs • Conformity assessment procedures overly burdensome • Labelling should be further discussed • Requirements for provision of technical information widely varying All these add costs and delay availability of products !
Existing directives Future directive(s) Objectives Objectives Standards Standards Same model Conformity assessment+ SDOC Conformity assessment+ SDOC Information requirements Information requirements New potential barriers • Product related environmental regulation is being developed without links to existing product regulation • Unnecessary burdens due to administrative requirements • Principle: Any new product regulation should follow the regulatory model already in place for a given sector, or at least not add administrative obligations
How can the present situation be improved? • WTO and OECD studies are very good to advance discussions among WTO members • Where should Non-Tariff Measures for ICT be discussed? • ITA Committee • TBT Committee • Market Access Committee • Facilitation of market access, i.e. beyond formal trade barriers, should be on the agenda
Facilitation of market access, i.e. beyond formal trade barriers, should be on the agenda Avoidance of unnecessary obstacles to international trade (current WTO/TBT provisions) Full market access - should be formally discussed
Global products need global solutions • Within the ICT sector, most products are by their nature global. Many products are portable and people use them when they travel • Regulatory objectives are basically equal in different countries, but still with widely varying approval schemes • ICT products should be subject to the ”optimum” system, but how can this be achieved in the short term?
The UNECE Telecom Initiative • UNECE has developed an ”International Model for Technical Harmonization”, Recommendation L • Application of Recommendation L to ICT products in the ”Telecom Initiative”: • Proposal for an optimum regulatory system for some ICT products (PC, PSTN terminals, Bluetooth, WLAN, GSM, 3G) • Application of state of the art international and regional standards • Conformity assessment based on SDoC, placing full responsibility on the supplier
Relevance of Telecom Initiative to WTO processes • The UNECE Telecom Initiative can be used to gain confidence in a system relying on SDoC and the use of international standards • All UN Members are invited to participate in this Initiative • Can it be endorsed by WTO (ITA?) as a way forward producing tangible result?
Thank you for your attention ! • References: • ICT sector optimum system: • UNECE Recommendation Lhttp://www.unece.org/trade/tips/docs/wp6_02/wp6-02-07e.pdf • UNECE Telecom Initativehttp://www.unece.org/trade/tips/wp6/wp6_tele_h.htm