National Laws, Regulations and Institutional Capabilities for Standards Development

1
National Laws, Regulations and Institutional
Capabilities for Standards Development

• Spencer Henson
• University of Guelph

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Overview

• Background
• Standards and development
• Standards system
• Standards development
• Conformity assessment
• Technical and administrative capacities
• Private sector strategies
• Enhancing capacities
• Conclusions

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Conclusions

• Standardization capacity important
• One size does not fit all.
• Roles in capacity-building
• Effective capacity-building
• High cost-high benefit

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Background

• Incidence of standards
• Drivers of standardization
• Role of standardization

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Notifications of Technical Measures to GATT/WTO,
1981-2002
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Notifications under SPS Agreement, 1995-2000
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Background

• Incidence of standards
• Drivers of standardization
• Role of standardization

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Overview

• Background
• Standards and development
• Standards system
• Standards development
• Conformity assessment
• Technical and administrative capacities
• Private sector strategies
• Enhancing capacities
• Conclusions

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Standards and Development

• Need for national standards infrastructure
• Need to prioritise
• Do have choices
• Capacity-building strategies
• Issues and needs highly context-specific

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Approaches to Standardization

• Traditional Approach
• Key objectives
• Weights measures
• Health safety
• Static structure
• Domestic focus
• Public sector activity
• Regulatory focus

• New Approach
• Domestic external focus
• Extended infrastructure
• Flexible dynamic structure
• Public-private sector activity
• International recognition
• Voluntary standards

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Standards and Development

• Need for national standards infrastructure
• Need to prioritise
• Do have choices
• Capacity-building strategies
• Issues and needs highly context-specific

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One Size Does Not Fit All!

• Prevailing capacity
• Industrialization
• Economic diversity
• Export markets
• Domestic consumer demands
• Nature of the country

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Overview

• Background
• Standards and development
• Standards system
• Standards development
• Conformity assessment
• Technical and administrative capacities
• Private sector strategies
• Enhancing capacities
• Conclusions

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Standards System

• All activities associated with standardization
• Focus
• Elements
• Regulations, rules standards
• Institutions
• Technical, administrative financial capacities

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Standards System

• Is a national standards body needed?
• Forms of standards institutions
• Operating principles
• Role of standards institutions

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Alternatives to a National Standards Body

• Existing industrial and trade practices
• Standards of others
• Association with neighbouring country
• Regional standardization
• Existing organizations

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Positioning of Standards Institutions (2000)
Country Group Public Sector Private Sector Public-Private Total
Industrialised Countries 27 52 21 100
Developing Countries 88 6 6 100
Total 73 17 10 100
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Operating Principles

• Independence
• Responsive to industry needs
• Flexible
• Stable
• Strategic focus
• International standardisation activities

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Role of Standards Institutions

• Establishing standards
• Testing
• Third party certification
• Accreditation
• Metrology
• Standards information

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Overview

• Background
• Standards and development
• Standards system
• Standards development
• Conformity assessment
• Technical and administrative capacities
• Private sector strategies
• Enhancing capacities
• Conclusions

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Standards Development

• Identifying standards needs and priorities
• Developing standards
• Decision-making
• Implementation and promotion

Review
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Identifying Standards Needs and Priorities

• Processes
• Interested parties
• Factors in priority-setting
• Decision-making

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Processes of Needs Identification

• Needs identified by national standards body
• Structured consultation
• Voluntary suggestions

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Interested Parties

• National/sub-national government
• Manufacturers/suppliers/distributors
• Professional institutions
• Research institutions
• Consumers
• Regional standardization bodies

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Factors in Priority-Setting

• Objectives of the standard
• Economic factors
• Government requirements
• Other standards
• Capacity/resources

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Standards Development

• Identifying standards needs and priorities
• Developing standards
• Decision-making
• Implementation and promotion

Review
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Implementation and Promotion

• Actors
• Functions
• Revenue generation

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Role of Stakeholders

• Inclusion
• Dissemination
• Transparency
• Facilitation

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Overview

• Background
• Standards and development
• Standards system
• Standards development
• Conformity assessment
• Technical and administrative capacities
• Private sector strategies
• Enhancing capacities
• Conclusions

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Conformity Assessment

• Assessment of conformity with standards
• Close links with standardization process
• Levels/forms of conformity assessment

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Supplier Declaration of Conformity Role of Third Party Role of Third Party Role of Third Party
Supplier Declaration of Conformity Product Testing Product Certification Quality System Registration
Assessment Suppliers own testing and quality assurance Supplier Testing product Independent laboratory Certification of products against standard(s) Product certifier Audit and registration of suppliers quality assurance system Quality system registrar
Accreditation Acceptance Accreditation of laboratory competence Public/private laboratory accreditation program Accreditation of certifier competence Public/private certifier accreditation program Accreditation of registrar competence Public/private registrar accreditation program
Recognition Acceptance Official recognition of laboratory accreditation program Public authority Official recognition of certifier accreditation program Public authority Official recognition of registrar accreditation program Public authority
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Mutual Recognition

• Recognition of conformity assessment procedures
  by another party
• Key issue in world trade
• Forms
• Promoted by World Trade Organization

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Inter-American Accreditation Council (IAAC)

• Eliminating technical barriers to trade in FTAA
• Support market in demand for MRAs
• Equivalence in accreditation programs

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Overview

• Background
• Standards and development
• Standards system
• Standards development
• Conformity assessment
• Technical and administrative capacities
• Private sector strategies
• Enhancing capacities
• Conclusions

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Technical and Administrative Capacities

• Elements of capacity
• Forms of capacity
• Location

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Elements of Sanitary and Phytosanitary Control
Capacity
Functions Capacity
Internal surveillance
Import controls
Emergency quarantine
Export controls and certification
Responsiveness to new/emerging issues Institutional structures/ procedures
Risk analysis Physical infrastructure
Analysis and diagnosis Human capital
Controls on inputs Sustainability
Pest and disease control
Hygienic practices in production, processing and distribution
Monitoring
Identification and traceability
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Technical and Administrative Capacities

• Elements of capacity
• Forms of capacity
• Location

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Forms of Capacity

• Institutional structures/procedures
• Physical infrastructure
• Human capital
• Sustainability

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Management of Food Safety Controls in Kenyan Fish
Sector

• Location of Competent Authority
• Restrictions on exports to the EU
• Reformed structure
• Impact on ability to address EU concerns

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Technical and Administrative Capacities

• Elements of capacity
• Forms of capacity
• Location

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Food and Agricultural Inspection in India
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Private Sector Capacity

• Individual enterprises
• Consortia
• Commercial capacity
• Professional societies
• Educational establishments
• Industry organizations

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Overview

• Background
• Standards and development
• Standards system
• Standards development
• Conformity assessment
• Technical and administrative capacities
• Private sector strategies
• Enhancing capacities
• Conclusions

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Private Sector Strategies

• Importance
• Private standards-setting
• Individual versus collective strategies
• Strategic response

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Private Sector Strategies
Defensive
Reactive
Proactive
Offensive
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Overview

• Background
• Standards and development
• Standards system
• Standards development
• Conformity assessment
• Technical and administrative capacities
• Private sector strategies
• Enhancing capacities
• Conclusions

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Means to Enhance Standardization Capacity

• Awareness and recognition
• Physical infrastructure
• Human capital
• Institution-building

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Building Standardization Capacity
Government
Institutions
Private Sector
Civil Society
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Innovative Approaches

• Staff secondments
• Mentoring
• Twinning
• Learning from one another
• Regional capacity-building

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CARICOM Regional Organisation for Standards and
Quality (CROSQ)

• Developed out of Caribbean Common Market
  Standards Council (CCMSC)
• Operational in 2002
• Objectives

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Objectives

• Facilitate trade
• Enhance efficiency and quality
• Promote consumer/environmental protection

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Effectiveness of Technical Assistance

• Awareness
• Administrative structures
• Priority-setting
• Appropriate capacity
• Leverage points
• Partnerships

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Mainstreaming Standardization

• Recognition of role of Standardization
• Standardization and basic capacity-building
• Governance issues
• Role of civil society

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Overview

• Background
• Standards and development
• Standards system
• Standards development
• Conformity assessment
• Technical and administrative capacities
• Private sector strategies
• Enhancing capacities
• Conclusions

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Conclusions

• Standardization capacity important
• One size does not fit all.
• Roles in capacity-building
• Effective capacity-building
• High cost-high benefit