Commission presided by the Undersecretary of International Economic Relationships (SUBREI), through the Regulatory Affairs Division, which is integrated by public institutions related with the elaboration, adoption and application of standards, technical regulations, and procedures of accordance evaluation.
The Commission’s objective is to monitor the fulfilment of the obligations that stem from the TBT Agreement, to coordinate the position of the country in this field in commercial trade with other countries, and to address the normalisation topic as an instrument of support for the process of technological modernisation, among other aspects.
The National Commission meets three times a year before the quarterly meeting that is held in Geneva, at the WTO TBT Committee.
Decree N°77/2004, from the Ministry of Economy, Promotion and Reconstruction was developed by the National Commission in order to establish its objectives, functioning and powers, as well as the member institutions, among them: Undersecretary of Transportation, Undersecretary of Telecommunications, Ministry of Public Work (MOP), Ministry of Housing and Urban Planning, Ministry of the Environment, Agricultural and Livestock Service (SAG), Superintendency of Electricity and Fuel (SEC), National Fisheries Services (SERNAPESCA), Undersecretary of Public Health, Institute of Public Health (ISP), Consumer Protection Agency (SERNAC), National Institute of Normalization (INN), Superintendency of Sanitary Services (SISS), Ministry of Mining, Undersecretary of Fisheries, Ministry of National Defence, Ministry of energy, Office of Agricultural Studies and Policies (ODEPA), General Secretariat of the Presidency (SEGPRES), Chilean Agency for Food Safety (ACHIPIA), National Energy Commission (CNE).
Commission presided by the Undersecretary of International Economic Relationships (SUBREI), through the Regulatory Affairs Division, and it is made up of ministries and /or services with functions in these fields, among them: Ministry of Economy Development and Tourism, Ministry of Health, Agriculture Ministry, Agriculture and Livestock Service (SAG), National Fisheries and Aquiculture Services (SERNAPESCA), Chilean Agency for Food Safety (ACHIPIA). y Turismo, Ministerio de Salud, Ministerio de Agricultura, Servicio Agrícola y Ganadero (SAG), Servicio Nacional de Pesca y Acuicultura (SERNAPESCA), Agencia Chilena para la Inocuidad y Calidad de los Alimentos (ACHIPIA).
The Commission was created through a Ministerial Decree N°238/2001, which awards powers in the field of Sanitary and Phytosanitary Measures (SPS). It has sessions three times a year, before the quarterly meeting performed in Geneve, of the WTO SPS Committee.
The main functions of the Committee are the following:
The Codex Alimentarius is an international reference Body, recognised by the World Trade Organization (WTO), on Safety and quality food matters. For the running of this organisation there are diverse Committees made up of member countries, which develop measures and guides for a better application of Codex standards..
The Regulatory Affairs Division has an official representative that attend the National Codex Committee (CNC), led by the Chilean Agency for Food Safety (ACHIPIA) . In addition, it is responsible for the coordination of the Subcommittee of General Principles (CCGP) and participates in some other subcommittees depending on the commercial importance of standards and matters discussed.
The current Government Programme 2018-2022 contemplates the creation and application of a Programme of Sanitary Diplomacy, which is intended to improve public management on matters of access to international markets of hydrobiological and silviculture Chilean products. For the fulfilment of this programme, SUBREI through the Regulatory Affairs Division, and the ministries that make up the National Committee on Sanitary and Phytosanitary Measures, as of the year 2019 have developed a modernisation plan in order to improve the Interministerial and private sector coordination, as well as decision making in their areas.
The changes that involve modernisation contemplate among other matters:
With the modernisation, the Regulatory Affairs Division seeks to fulfil the programme of Sanitary diplomacy, coordinating managements related with the sanitary access and facilitation in a transversal way, improving the sanitary opening processes and considering all economic sectors with exportable supply.
The Undersecretariat of International Economic Affairs, through the Regulatory Affairs Division coordinate HALAL Board, an opportunity where the Asia-Oceania, Africa, and Middle East SUBREI Divisions, Agricultural and Livestock Service (SAG), Office of Agrarian Studies and Policies (ODEPA), and Chilean Export Promotion Bureau (ProChile) participate through its Commercial Offices abroad, sectoral, and geographic sub-department.
This initiative rises from the constant search for new markets for Chilean goods, since the Halal certification allows us to have a reliable guarantee that secures that a product fulfils the requirements established by Islamic Law. Thus, they are allowed by the Koran, which substantially expands the exportable supply.
The objective of the Board is to coordinate strategies through a workplan, to reach recognition of the Halal certification issues in Chile and to export food to the Muslim market.
The Sanitary Regulation of food (RSA) is managed by the Ministry of Health and establishes sanitary conditions for the production, importation, elaboration, packaging, storage, distribution, and food selling in order to protect the health and nutrition of the population and ensure the supply of healthy and harmless food.
The Regulatory Affairs Division has a permanent representative that attends the Advisory Committee to review and to update the Sanitary Regulation of Food, established in Decree N°8/2015 with the objective of veiling for the fulfilment of international commitments on regulatory matters associated to trade in goods, especially with the obligations of transparency that originate from the WTO TBT Agreement.
In Chile, the Ministry of Health and the Ministry of the Environment are responsible for the GHS implementation, as well as being part of the commitments that Chile acquired with the Organisation for Economic Co-operation and Development (OECD) on chemical management matters.
The task of the Regulatory Affairs Division by participating on this Committee is to veil for the fulfilment of international commitments related to transparency in the regulatory process, such as what the Technical Barriers to Trade Agreement of WTO establishes.
The GHS is an initiative that internationally promotes impartial criteria or classification and labelling of chemical substances and mixes, for the definition and communication of physical hazards to the health and environment, as well as the prevention measures on labels and security data sheets. Its main objective is to protect the human health and environment, providing users with chemical mixes and substances, and information about chemical hazards.
Institutions that participate in this Committee: Transport and Telecommunications Ministry (MTT), National Customs Services, Agricultural and Livestock Service (SAG), Chilean Copper Commission (COCHILCO), Consumer Protection Agency (SERNAC), Ministry of Education, National Institute of Normalisation, Toxicologic Information Centre (CITUC), Chile’s Guild Association of the Chemical Industry (ASIQUIM), Chiles’s National Association of Manufacturers and Importers of Agricultural Phytosanitary Products (AFIPA), College of Chemicals AG, Private Sector Representatives and Civil Society Representatives.
The Regulatory Affairs Division participates in this board representing SUBREI in order to safeguard the fulfilment of the international commitments, aimed at the transparency of the regulator process, such as WTO TBT agreement establishes, as well as the relationship with international trade of goods and technical foreign regulations, among others.
This instance is coordinated by the Consumer Protection Agency, and it has the objective of guiding and coordinating actions at country level, focused on customer’s security and the presence of securing products on the market, through different instances of market monitoring.
The Board is also made up of representatives from: Superintendency of Electricity and Fuel (SEC), Ministry of Health (MINSAL), Institute of Public Health (ISP), National Customs Services (ADUANA), Transport and Telecommunications Ministry (MTT), National Institute of Normalisation (INN), Chilean Investigation Police (PDI), Consumer Protection Agency (SERNAC).
The Regulatory Affairs Division, along with the SAG and ODEPA, participate representing Chile in the group, which is made up of Canada, South Korea, Unites States, European Union, Japan, and Switzerland.
Its main objective is to maintain and strengthen a network of cooperation, collaboration, and exchange of information of the trade of organic products. All of this in order to increase bilateral agreements among these countries.
Moreover, the Division performs the Interministerial coordination of the Chilean government, leading along with the Ministry of Agriculture the negotiation of Agreements and Memorandum of Understanding on the subject. Furthermore, it monitors the fulfilment of international commitments of the Technical Barriers to Trade Agreements of the World Trade Organisation (WTO) on regulatory process. The considers the acquired experience through negotiations with the European Union, UK, Brazil, and Switzerland. Countries that Chile have current agreements with and seek to increase the flow of international trade of organic products.
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This Committee is coordinated by the National Institute of Normalization (INN), through the Division of Accreditation, established in the year 2006. It aims to review the policies and criteria of accreditation related to international trends and requirements, veiling to safeguard the impartiality of the National System of Accreditation.
The Role of the Regulatory Affairs Division is to give technical regulatory information on international products trade matter, as well as to veil for the fulfilment of the obligations established by WTO, through TBT Agreement, as well as the Trade Agreements signed by Chile on regulatory matters. All of this, considering that the accreditation takes part in the quality system of a country, and corresponds to a process of authorisation of the evaluation bodies of accordance.
This instance has allowed us to improve the coordination of the different representatives of the national accreditation system, as well as the usage with this entity for the development of the public-private alliances.
The Committee is made up of the Regulation of the Consultative Committee, and represented by the following organisations: Ministry of Agriculture, Ministry of Mining, Ministry of Economy, Ministry of Health, Rectors Council, Confederation of Production and Trade (CPC), Association of Control and Quality and Quantity Certification and Guild Association (ACHICC), Association of Manufacturing Exporters (ASEXMA), Chilean Clinical Laboratories Association (ALACLIN), Chilean Construction Chamber, Ministry of Foreign Affairs through the Undersecretariat of International Economic Affairs SUBREI.
The Regulatory Affairs Division participates on different committees – non-permanent – created for a limited period to modify or to develop a regulation that could impact trade. For example, the Working Group currently participates that is coordinated by the Ministry of Health to modify the Regulation of Products of Antimicrobial Action, which was created to fulfil the commitments undertaken in the negotiation of the Domestic Care Products of the Pacific Alliance Annex.
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