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WORKSHOP ON REGULATORY COOPERATION BETWEEN
MEMBERSWTO 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 Chinas General DG Enterprise and
Industry Administration for Quality Supervi
sion, Inspection and Quarantine
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Outline

• General Framework for China-EU Cooperation
• China-EU Regulatory Cooperation in the TBT field
  Tools and Objectives
• The global product safety challenge
• Practical tool RAPEX-China
• Case study Toys
• Lessons Learned and Future Challenges

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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
• gt demand-led process
• gt more than 50 areas now covered
• gt widening and deepening of bilateral relations
  since China joined the WTO in 2001

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General Framework for China-EU Cooperation

• Technical assistance activities in support of
  Chinas integration in the world trading system
  following WTO accession
• gt EU-China Trade Project (2004-2009)
• gt EU-China Trade Project II (2010-2015
  Support to Chinas 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)

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General Framework for China-EU Cooperation

• Political oversight
• gt High-Level Economic Dialogue (2007)
• gt High-Level Strategic Dialogue (2007)
• gt Annual China-EU Summits

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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)

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

• DG ENTR- AQSIQ Regulatory Dialogue
• Objectives
• Enhance industrial product safety
• Eliminate obstacles to trade and investment
• Promote regulatory convergence
• Industry stakeholders, standardisers and
  consumers organisations actively participate in
  the dialogue

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

• DG ENTR-MIIT Industrial Policy Dialogue
• Objectives
• Promote 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

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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

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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
• gt exchange of information on unsafe products
  originating from the other Sides jurisidiction
  via the RAPEX-China on-line system
• gt regular exchanges of information on
  scientific, technical and regulatory matters
  emerging risks, market surveillance, border
  control and enforcement, risk assessment,
  product testing

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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)
• gt awareness raising campaigns, training of
  AQSIQ/CIQ staff, exchange of officials,
  outreach events
• gt cooperation on consumer product traceability
• gt cooperation on product safety standards
  issues (applicable standards, international
  standardisation)
• gt joint enforcement actions
• gt involvement of EU Member State market
  surveillance authorities

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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

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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

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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.

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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)

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RAPEX-CHINA

• See separate set of slides presented by Mr. Kong

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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)

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TOYS

• Objectives
• Ensure a high level of toy safety
• Ensure consumer confidence
• Ensure best conditions for trade in the toy
  sector

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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

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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) gt 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

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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

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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)

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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

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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

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Future Challenges

• Internationalisation of the supply chain
• international dimension of product safety
• International 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

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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

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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.htm
• International Cooperation / China-EU relations
  http//ec.europa.eu/consumers/safety/int_coop/inde
  x_en.htm
• DG ENTR - Toys
• Toys http//ec.europa.eu/enterprise/sectors/toys
  /index_en.htm
• International Cooperation / China-EU relations
  http//ec.europa.eu/enterprise/policies/internatio
  nal/cooperating-governments/china/index_en.htm

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• THANK YOU
• FOR YOUR ATTENTION