Update on Regulatory Issues in the TTIP

Inside US Trade reports on the state of regulatory issues in the TTIP:

The European Commission has decided to hold off on tabling a revised text on regulator-to-regulator cooperation at the 12th round of Transatlantic Trade and Investment Partnership (TTIP) talks this week, and likely will not come forward with that proposal until April, according to EU sources.

The EU had earlier been expected to table two texts on regulatory cooperation during the round here this week, one covering regulatory transparency and another laying down rules for a proposed regulator-to-regulator cooperation body. The commission tabled one text in April 2015 covering both of those areas, and had planned to split them into two revised proposals.

But sources say the EU now plans to table only the first text on regulatory transparency, and will only include a placeholder note explaining that the regulatory cooperation text is forthcoming, sources said.

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One private-sector source also said the EU could be focused on agreeing on areas of common interest first before proceeding to more difficult issues. The U.S. has been seen as dragging its feet on the idea of creating a regulatory cooperation body because it is wary of encroaching on regulatory agencies’ independence.



The text the EU is planning to put forward at this round will focus on good regulatory practices and will be revised from the original April 2015 version to encapsulate the notice-and comment-procedures that were instituted under Commission Vice President Frans Timmermans' Better Regulation Agenda.

The U.S. is also expected to put forward a new text on regulatory issues this week, but it is not clear how it will differ from its previous proposal, sources said.

The previous U.S. proposal insisted that the EU implement notice and comment style procedures akin to what the U.S. uses under the Administrative Procedures Act. These would require that the commission allow stakeholders to comment on proposed primary legislation before the College of Commissioners agree to a draft proposal, which goes beyond what the EU has done under its Better Regulation Agenda.

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Is either side going to be able to get what it wants on regulatory issues?  How much transparency and cooperation can be achieved?