Government Discussions on Regulatory Cooperation and Standards

1. Government Discussions on Regulatory Cooperation and Standards Ileana M. MartinezPhysical ScientistNational Institute of Standards and TechnologyGSC-11 * ChicagoJune 1, 2006

2. Outline – G to G dialogues • Regulatory cooperation with Europe (USTR lead) • ICT Dialogue focusing on e-accessibility (NIST lead) • Other standards dialogues • Well established with Japan and Korea (NIST lead) • Recently launched with India (DOC/ITA lead) • Soon to be launched with the European Commission (DOC/ITA and NIST lead) and with Brazil (DOC/ITA and NIST lead)

3. Regulatory Cooperation (1) • Regulatory cooperation is a key element of the U.S. – European Union positive trade agenda and commercial relationship • It’s important for the transatlantic marketplace and stakeholders, including business and consumers • 2002 U.S.-EU Regulatory Cooperation Guidelines are non-binding, voluntary principles, to promote a more systematic dialogue between U.S. Government and European Commission early in the regulatory process. They stress transparency and public participation

4. Regulatory Cooperation (2) 2005 Roadmap for EU-U.S. Regulatory Cooperation and Transparency • OMB-EC Dialogue • Automotive sector • Pharmaceuticals • Information and Communication Technologies Standards • Consumer Product Safety • Food Safety • Marine Equipment Telecommunications Equipment and EMC • Medical Devices • Energy Efficiency

5. Recent activities U.S.-EU Regulatory Cooperation Forum • January 26, 2006 meeting in Brussels • May 3, 2006 meeting in Washington, D.C. OMB-EC Dialogue • September 26-28, 2005 meeting in Washington, D.C. • January 25, 2006 meeting in Brussels USTR is the coordinator for the regulatory cooperation framework with relevant regulatory agencies leading in their specific area of responsibility

6. Sources of information Information and background on the U.S-EU regulatory cooperation activities is on http://www.ustr.gov/World_Regions/Europe_Middle_East/Europe/US_EU_Regulatory_Cooperation/Section_Index.html • A 2005 document on USG Rulemaking and Transparency is also available at this site

7. U.S.-E.C. ICT Dialogue • Dialogue first launched in 2004 as “Exchange of Information Regarding the Planned Use of ICT Standards in Support of Regulations and other Public Policies” • Reinvigorated in 2005 as part of the U.S.-EU Innovation Initiative • Currently focusing on e-accessibility

8. Goals of the Dialogue • The U.S.-E.C. ICT Standards Dialogue seeks to minimize bilateral trade frictions and facilitate a better understanding of U.S. and EU goals • One goal of the e-accessibility dialogue is to encourage the EC to avoid creating technical specifications and regulations that may stifle accessibility innovation and technology to the detriment of both suppliers and end-users

9. Support for the Dialogue • Dialogue is under ** Commerce Secretary Gutierrez and EC Vice President Verheugen U.S.- EU Innovation Initiative, formalized at the 2005 U.S.-EU Summit ** U.S. – EC Regulatory Cooperation led by United States Trade Representative, following the Transatlantic Economic Partnership Guidelines on Regulatory Cooperation and Transparency • The Dialogue enjoys the support of industry and private sector stakeholders

10. Drivers for the Dialogue • In the U.S., the Access Board plans to update and revise the Electronic and Information Technology Accessibility Standards (section 508) and the Tele- communications Act Accessibility Guidelines (section 255) • In the EC, there is a renewed effort on e-accessibility focusing on approaches that have worked in other markets and a desire to cooperate beyond Europe’s borders

11. Dialogue – U.S. participation • Access Board • General Services Administration • Federal Communications Commission • Department of Commerce – International Trade Administration • National Institute of Standards and Technology – Dialogue lead

12. Access Board update – Why now? • The Access Board shall periodically review and, as appropriate, amend the standards to reflect technological advances or changes in electronic and information technology (section 508) • The Board shall review and update the Telecommunications Act Accessibility Guidelines periodically (section 255) • Section 508 is 5 years old and the Telecommunications Act Accessibility Guidelines is 8 years old • Desire for harmonization with requirements in other countries

13. Access Board revisions – rulemaking • While one rulemaking is planned, the scopes of 508 and 255 (intended audience and the level of effort) will remain different • The Access Board has established an Advisory Committee to consult with relevant stakeholders and allow for a substantive role in the development of the Guidelines (before public comment) • Representation from other countries in the Advisory Committee

14. Access Board revisions – section 508 • The Electronic and Information Technology Accessibility Standards (section 508) applies to Federal government agencies • When agencies develop, procure, maintain, or use electronic and information techno- logy, they must ensure that it is accessible to Federal employees and individuals with disabilities who are members of the public seeking information or services from a Federal agency unless an undue burden would be imposed on the agency

15. Access Board revisions – section 255 • The Telecommunications Act Accessibility Guidelines (section 255) apply to manufacturers • A manufacturer of telecommunications equipment …shall ensure that the equipment is designed, developed, and fabricated to be accessible to and usable by individuals with disabilities, if readily achievable

16. Access Board – goals of revision • “We agree that what is needed are clear, consensus driven, testable, and reliable accessibility requirements. In this world of global scales, it is critical that accessibility requirements be harmonized throughout the world. Product manufacturers want to build to a single set of requirements – or at least not be faced with competing world wide requirements. We should do what we can to facilitate this, because ultimately if we can make the regulatory process easier to achieve – and by that I do not mean that we need to weaken the requirements that exist today – we will enhance accessibility for people with disabilities worldwide.” Marc Guthrie, Access Board public member International Workshop on Accessibility Requirements Brussels, Belgium -- October 21, 2004

17. e-Accessibility in the European Union • Various initiatives and directives – i2010, Lisbon agenda, eEuropa 2005, eEuropa 2002, eInclusion (2002 Ministerial Declaration), directives on electronic communication, universal service, radio and telecom terminals, public procurement, employment equality, various resolutions, etc • Lack of effectiveness of previous action • Member states are initiating and implementing country-unique actions Action now is considered a social, ethical, economic and political imperative

18. European Commission objectives • Market creation. Previously, market for accessible products was considered a niche. However, market potential is now recognized to go beyond the disabled and older populations, to encompass all. • Policy actions to promote consistent approach in e-accessibility initiatives in Member States on a voluntary basis • Industry self-regulation

19. European Commission approach • Communication, September 2005 To be reviewed in 2 years to assess progress and impact • Standardization Mandate to the European Standards Organizations (ESOs), December 2005 Consideration of various compliance models and mechanisms • Procurement directives

20. EC Communication on eAccessibility • Introduction • Practical challenges • Market and economic issues • Legal and policy issues • Ongoing activities at the EU level • Increasing the e-Accessibility of ICT products and services in Europe – Three new approaches • Conclusions and follow-up

21. EC – standardization mandate (1) While the EC has chosen to use a standardization mandate to the ESOs as a tool to develop technical requirements for e-accessibility, this mandate is not related to a directive and, as such, it is significantly different than mandates under the New Approach

22. EC – standardization mandate (2) • Objectives of the mandate • Rationale • Background • Policy issues • Public procurement legislation • Description of the mandated work • Phase I • Phase II • Modus operandi and co-ordination aspects • Execution of the mandate

23. Standardization mandate – objectives • Harmonize and facilitate the public procurement of accessible ICT products and services by identifying a set of functional requirements • Provide an electronic toolkit for public procurers to facilitate the use of harmonized requirements in the procurement process

24. Standardization mandate – phase I • Report with 5 parts on: inventory of products/services used by procurers; existing functional requirements; gaps; existing standards; and proposal of work • Report on analysis of testing and conformity schemes • Reports must be submitted to open review by all interested parties (via internet and an open event) • Reports to be delivered 12 months after acceptance of mandate

25. Standardization mandate – phase II • Phase II starts after agreement by Commission of Phase I deliverable • Five deliverables, within 12 (and 18) months after the start of work • Already existing requirements, guidelines, toolkits, best practices, etc, developed in Europe and internationally should be taken into consideration

26. Standardization mandate – phase II deliverables • European standard specifying ICT products and the corresponding accessibility requirement • Report giving standards that comply with above mentioned requirements • Guidelines for accessibility procurement award criteria • Guidance and support materials for public procurement • On line accessible toolkit providing access to above materials

27. Standardization mandate – cooperation (1) • ESOs to maintain adequate and efficient coordination mechanisms • Achieve widest possible consensus • Shall work in close cooperation with industry representatives, public authorities, people with disabilities and older persons, their representative organizations, accessibility experts, consumer organizations

28. Standardization mandate – cooperation (2) • Close involvement of relevant European and national organizations • Consider results of EU research and standardisation • Involve public procurers and relevant EC units • International cooperation shall be established with • W3C/WAI, ISO, IEC, JTC1, ITU-T, UN/CEFAT

29. Sources of information – U.S. • http://www.access-board.gov • Web-based training and information www.section508.gov • Web-based acquisition tool, the Buy Accessible Wizard – www.buyaccessible.gov • Web-based product research tool, the Buy Accessible Data Center (beta) – http://emgbaw.accessibilityforum.org/bad

30. Sources of information – E.C. • European Commission webpage on e-accessibility in generalhttp://europa.eu.int/information_society/policy/accessibility/index_en.htm • Policy implementation, procurement requirements and standardization mandate • http://europa.eu.int/information_society/policy/accessibility/regulation/index_en.htmhttp://europa.eu.int/information_society/policy/accessibility/regulation/pubproc/index_en.htmhttp://europa.eu.int/information_society/policy/accessibility/regulation/pubproc/a_documents/m376%20en.pdf

31. Other standards dialogues (1) Long standing government to government dialogues on standards • Japan: NIST –METI dialogue • Korea: NIST – KATS dialgoue Active participation by ANSI METI and KATS staff members have worked at NIST for extended periods

32. Other standards dialogues (2) • Newly launched • DVC series with India • Soon to be launched • Commerce-EU Dialogue on Standards, Testing and Conformity Assessment Issues • DVC series with Brazil

33. THANK YOU FOR YOUR TIME and ATTENTION Ileana M. Martinez National Institute of Standards and Technology Phone 301 975-2766 Fax 301 963-2871 email: ileana.martinez@nist.gov