| Different countries have different regulatory rules,which have given rise to a great deal of non-tariff barriers.The world trade and investment have been severely impeded and twisted by such non-tariff barriers.those governments around the world who want to gain the most in the process of globalization have to work together to reduce regulatory differences.WTO and other international arrangements don’t fit to solve the challenges made by non-tariff barriers.Regulatory behaviors within the sovereign states have proven their reasonability and justice.It is difficult to mitigate regulatory objectives of regulation.Developed economics,such as European Union and United States,are seeking to new ways to address "behind frontier" problems through the new generation of FTAs.Regulatory cooperation has an important role to play in eliminate non-tariff barriers.Therefore,regulatory cooperation has become one of four pillar agendas in the TTIP negotiations.This paper will discuss and research the legal issues,such as the framework of EU proposal,the bodies which make regulations,rugulations within the scope of TTIP,two sectoral cases for regulatory cooperation,implications of regulatory cooperation agenda to China under TTIPRegulatory cooperation,which is an important tool to implement the deep economic integration,is one of the core agendas in TTIP negotiations.TTIP regulatory cooperation chapter consists of two parts-best regulatory practice and regulatory cooperation.By carrying out procedures and instituions in the best regulatory practice chapter,the two sides can make sure the quality of regulations.By carrying out the provisions in regulatory cooperation chapter,the two sides can mitigate or avoid non-tarriff barriars,make new international standards and rules,expand trade and investment across Atlantic and realise economic growthRegulatory cooperation under TTIP will not work without the participation of regulatory rule-making bodies.Regulary rule-making bodies include legislative body,regulatory authority and other rule-making organisations.It is necessary to discuss the importance of regulatory rule-makig bodies in regulatory cooperation.Through information exchange,early warning mechanism,long-term mechanism,the regulatory rule-making bodies from both sides will acquire the right to be informed,enhancing mutual understanding,solving future problems and establishing a stable and effective platform.Through mutual recognition agreement,impact assessment,fast authorization track,the regulatory rule-making bodies can improve their efficiency.In order to carry out TTIP,the regulatory cooperation chapter has established several systems,such as annual dialogue plan,for lawmakers to propose suggestions.In the past,although both sides had made achievements in regulatory cooperation,there remain a lot issues need to be solved in the future.For example,after effective information sharing and providing relevant reports,there were many unnecessary and burdensome regulatory measures to be migrated.With different legislative frameworks,many problems,such as lacking of institutional support,inadequate communication,cannot be solved easily.In TTIP regulatory cooperation chapter,a long term mechanism will be established to facilitate regulatory rule-making bodies enlarging cooperation scope and achieving regulatory coherence.For example,legislative bodies can offer legitimacy basis to regulatory cooperation,which is in line with the requirement of democracy decision making,and providing supervision to the implementation of regulatory cooperation process.The legislation bodies participation has been an institutional innovation in regulatory cooperation,which can ensure the accountability and legitimacy.The regulations at the same effectiveness or type may be made by different government authorities.The scope under the regulatory cooperation chapter is regulations which include specific or sectoral provisions concerning goods and services.This chapter will research regulations related to regulatory cooperation,such as the technical regulations,standards and comformity assessment procedures.This chapter will discuss the relationship TBT in TTIP and WTO.TBT chapter in TTIP is a kind of WTO-plus provisions,which shows that TTIP wants to do better on the basis of TBT.Technical requirements exist in all sectors of the economy.They affect most products we buy.In the TBT chapter,EU and US want to be able to use international standards to make it easier for import and export between the two sides,to eliminate or at least reduce unnecessarily duplicative or burdensome procedures for checking products,and to get more transparency in their system on standards.The TTIP text on regulatory cooperation will be structured by horizontal provisions and sectoral provisions.Regulatory cooperation shall include specific regulations applying to particular economic sectors.Each industry has its unique characteristics,which need completely different regulations and regulatory measures.Regulatory cooperation need to be discussed by each and every industry.This chapter will focus on automobile and pharmaceutical industries how to mitigate regulatory divergence.In the automobile industry chapter,the EU and US make efforts to match their technical standards.Regulators on both sides are trying to develop a method for deciding when standards match.Development global regulations under the UN and encourage other countries to adopt them.Both sides expand the list of technical standards for vehicles which the UNECE agreed in 1998 and harmonize certain EU and US regulations,especially for new technologies.Both sides will coordinate plans for new regulations and for research into new technologies.Pharmaceutical industry heavily relies on the intellectual property protection and needs huge capital investment for new medicines.The regulators need data for mass data to ensure drug safety and effectiveness.The regulators from both sides need to strengthen regulatory cooperation in this area.In pharmaceutical industry,both sides focus on inspections,approval and innovation.Regulators check the way companies make medicines regularly,to ensure they meet strict production standards.Both sides want to avoid the need for a company to carry out the same studies twice in order for both EU and US regulators to approve its product.Innovation is about helping regulators work together closely in areas where science is evolving fast.B oth will make regulators’ task easier,by enabling them to share their expertise and findings with each other and to exchange views based on the latest science available.China has a role to play in restructuring the world trade and investment rules.Our rapid development of foreign trade and investment which has severely affected by international trade practice.China shall pay attention to regulatory cooperation agenda and take active measures to cope with it.This chapter will analyze and discuss the implications from the regulatory cooperation agenda through implementation institutions,the relationship between national governance and regulatory cooperation and regulatory cooperation negotiations in China’s FAT,and the relationship between legislation and regulatory cooperation.As for China,there are a lot of institutions,methods and measures to learn from TTIP regulatory cooperation agenda,which may serve our national governance system improvement and enhance scientific regulatory competence.In the future FTA negotiations,regulatory cooperation agenda shall be discussed and promoted to provide a new momentum for our reform and opening-up policies under the basis that our political and economic system remains still.In sum,as for other new generation of FTAs,TTIP remains a pending agreement.Though there are lots of difficulties and challenges in TTIP negotiation process,TTIP is a kind of negotiations which is between the largest and most developed economies.Because the regulatory cooperation chapter represents the future trend and development of regulatory cooperation agenda,TTIP text published by EU is worth our learning and reference. |
