Definition
The Parties endeavour to fulfil the objectives set out in Article 21.3 by undertaking regulatory cooperation activities that may include:
(a) engaging in ongoing bilateral discussions on regulatory governance, including to:
(i) discuss regulatory reform and its effects on the Parties’ relationship;
(ii) identify lessons learned;
(iii) explore, if appropriate, alternative approaches to regulation; and
(iv) exchange experiences with regulatory tools and instruments, including regulatory impact assessments, risk assessment and compliance and enforcement strategies;
(b) consulting with each other, as appropriate, and exchanging information throughout the regulatory development process. This consultation and exchange should begin as early as possible in that process;
(c) sharing non-public information to the extent that this information may be made available to foreign governments in accordance with the applicable rules of the Party providing the information;
(d) sharing proposed technical or sanitary and phytosanitary regulations that may have an impact on trade with the other Party at the earliest stage possible so that comments and proposals for amendments may be taken into account;
(e) providing, upon request by the other Party, a copy of the proposed regulation, subject to applicable privacy law, and allow sufficient time for interested parties to provide comments in writing;
(f) exchanging information about contemplated regulatory actions, measures or amendments under consideration, at the earliest stage possible, in order to:
(i) understand the rationale behind a Party’s regulatory choices, including the instrument choice, and examine the possibilities for greater convergence between the Parties on how to state the objectives of regulations and how to define their scope. The Parties should also address the interface between regulations, standards and conformity assessment in this context; and
(ii) compare methods and assumptions used to analyse regulatory proposals, including, when appropriate, an analysis of technical or economic practicability and the benefits in relation to the objective pursued of any major alternative regulatory requirements or approaches considered. This information exchange may also include compliance strategies and impact assessments, including a comparison of the potential cost-effectiveness of the regulatory proposal to that of major alternative regulatory requirements or approaches considered;
(g) examining opportunities to minimise unnecessary divergences in regulations through means such as:
(i) conducting a concurrent or joint risk assessment and a regulatory impact assessment if practicable and mutually beneficial;
(ii) achieving a harmonised, equivalent or compatible solution; or
(iii) considering mutual recognition in specific cases;
(h) cooperating on issues that concern the development, adoption, implementation and maintenance of international standards, guides and recommendations;
(i) examining the appropriateness and possibility of collecting the same or similar data about the nature, extent and frequency of problems that may potentially give rise to regulatory action when it would expedite making statistically significant judgments about those problems;
(j) periodically comparing data collection practices;
(k) examining the appropriateness and the possibility of using the same or similar assumptions and methodologies that the other Party uses to analyse data and assess the underlying issues to be addressed through regulation in order to:
(i) reduce differences in identifying issues; and
(ii) promote similarity of results;
(l) periodically comparing analytical assumptions and methodologies;
(m) exchanging information on the administration, implementation and enforcement of regulations, as well as on the means to obtain and measure compliance;
(n) conducting cooperative research agendas in order to:
(i) reduce duplicative research;
(ii) generate more information at less cost;
(iii) gather the best data;
(iv) establish, when appropriate, a common scientific basis;
(v) address the most pressing regulatory problems in a more consistent and performance-oriented manner; and
(vi) minimise unnecessary differences in new regulatory proposals while more effectively improving health, safety and environmental protection;
(o) conducting post-implementation reviews of regulations or policies;
(p) comparing methods and assumptions used in those post-implementation reviews;
(q) when applicable, making available to each other summaries of the results of those post-implementation reviews;
(r) identifying the appropriate approach to reduce adverse effects of existing regulatory differences on bilateral trade and investment in sectors identified by a Party, including, when appropriate, through greater convergence, mutual recognition, minimising the use of trade and investment distorting regulatory instruments, and the use of international standards, including standards and guides for conformity assessment; or
(s) exchanging information, expertise and experience in the field of animal welfare in order to promote collaboration on animal welfare between the Parties.