February 17, 2015

The H word

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The European Commission published a textual proposal for the TTIP talks that includes the H-Word. Previously the European Commission had argued that (legal) harmonisation was not among the objective of the agreement: “Given the efficiency of their respective systems, the intention is not to strive towards harmonisation, but to identify a number of specific issues where divergences will be addressed.” We mocked this on the FFII ACTA blog. In the Commission’s tabled text proposal it reads:

When a regulatory exchange has been initiated pursuant to Article 9 with regard
to a planned or existing regulatory act at central level, a Party may propose to the
other Party a joint examination of possible means to promote regulatory
compatibility, including through the following methods:
a) Mutual recognition of equivalence of regulatory acts, in full or in part, based on evidence that the relevant regulatory acts achieve equivalent outcomes as regards the fulfilment of the public policy goals pursued by both Parties;
b) Harmonisation of regulatory acts, or of their essential elements, through:
i.Application of existing international instruments or, if relevant instruments do not exist, cooperation between the Parties to promote the development of a new international instrument;
ii. Approximation of rules and procedures on a bilateral basis or
c) Simplification of regulatory acts in line with shared legal or administrative
principles and guidelines.

This TEXTUAL PROPOSAL is the European Union’s initial proposal for legal text on “Regultaroy Cooperation” in TTIP. It was tabled for discussion with the US in the negotiating round of 2-6 February 2015 and made public on 10 February 2015. The actual text in the final agreement will be a result of negotiations between the EU and US.