Decision

26 April 2022: Joint minutes of the first UK-Andean sub-committee on Technical Barriers to Trade

Updated 22 January 2024

Summary

A productive and collaborative first meeting of the UK-Andean Technical Barriers to Trade (TBT) sub-committee. The main topics of discussion included:

• the procedure to be followed on a potential recognition agreement for organics
• changes to the UK’s regulatory procedures since the UK-Andean agreement entered into force (highlighting in particular the removal of VI-1 certification for wine, and the UKCA mark)

All parties agreed to continue to cooperate and share technical information via correspondence outside of the sub-committee with a view to optimising the progress that can be made on TBT matters between the UK and the Andean nations.

Opening remarks and introductions

All parties expressed their gratitude at the collaborative approach taken to prepare for this sub-committee and signaled their aspirations to further develop the UK-Andean relationship and continue to work closely on implementation of the trade agreement.

Approval of agenda of the first meeting of the TBT sub-committee

1. Ecuador requested an item under ‘Any other business’ on the UK’s Environment Act.

2. The UK requested 2 items under ‘Any other business’ on the process for pharmaceutical registration in Ecuador and the fast-track route for pharmaceuticals and medical devices in Peru.

Agreement on the Rules of Procedure (RoP)

The Parties agreed to temporarily adopt the EU-Andean RoP pending the agreement of a new draft UK-Andean RoP at the Trade Committee, in line with the approach taken in other sub-committees under this agreement.

Procedure for the mutual recognition of organics

Statement by Ecuador

1. Ecuador delivered a presentation emphasising the importance of UK market access and the desire to reach agreement on equivalence with the UK. Ecuador is currently increasing organic production and explained the updates they are making to their legal framework to facilitate this.

2. Ecuador noted that they were looking for guidance and information on the procedure from the UK on the best route to follow in order to achieve this aim.

Statement by Peru

1. Peru reasserted that they had an interest in getting to know procedures to initiate negotiations on mutual recognition. As per previous questions submitted via email, Peru noted that they are looking for clarification on these procedures, and looked forward to receiving the further responses from the UK’s Department for Environment, Food and Rural Affairs (Defra).

2. The UK agreed to take away questions from Ecuador and Peru and suggested a continuation of these discussions informally over email.

Actions

1. The UK to provide responses on technical questions relating the procedure for establishing a mutual recognition agreement on organics.

2. Ecuador to send MRA organics presentation to UK.

UK update on changes to regulatory requirements since entry into force of the Agreement

UK regulatory framework

1. The UK provided an outline of its regulatory framework, including technical regulations, standards, accreditation and conformity assessment.

2. As an example of an area where the UK has diverged from EU law, the UK highlighted that it had removed wine VI-1 certification on imports to Great Britain which would reduce the regulatory burden on Andean partners. The UK is looking to work closely with business stakeholders to assess impact of any future regulatory changes.

UK Conformity Assessed (UKCA) marking

1. The UK’s Department for Business, Energy and Industrial Strategy (BEIS) delivered a presentation explaining the impact of the UKCA mark and its significance for the Andean region.

2. The UK explained that the UKCA mark applies to goods which previously required the CE marking or the reversed epsilon marking, and that exporters should check guidance available on the UK government website.

3. Ecuador asked whether the UK is planning to replicate the EU platform that provides information on technical rules for certain products. The UK agreed to take this away and respond over email.

Actions

1. The UK to share UKCA mark presentation with Ecuador, Peru and Colombia for each Party to share internally and with their industry.

2. The UK to outline plans for providing further information on its technical rules of certain products.

Any other business

1. Ecuador asked how the UK will implement of the due diligence regulation for forest risk commodities which was introduced in the Environment Act. Ecuador noted that they would appreciate extra clarity on how this will align with EU regulation on deforestation. The UK suggested this may not be a matter for the TBT sub-committee, but agreed to discuss with relevant experts and provide Ecuador with a response.

2. The UK mentioned Ecuador’s process for registering pharmaceuticals and explained that UK companies have reported difficulties in accessing the Ecuadorian market, specifically relating to the amount of time taken to register their products under the Ecuadorian Health System. The UK also highlighted the openness shown by the Ecuadorian regulatory agency in working, together with the UK, to address these issues. The UK asked about Ecuador’s assessment of the results of the technical assistance projects that have been funded by the UK government to work with ARCSA to strengthen this area. Ecuador thanked the UK for the technical assistance that has focused on implementing a process to optimise the registration of biologics, vaccines and ATMPs using accelerated pathways, and explained that it is currently reviewing the regulations on the assessment of new pharmaceuticals. The process of review will continue from there and then will be submitted for approval of the Ministry of Health. Ecuador explained that they will notify any new legislation to the World Trade Organization within the established deadlines.

3. The UK asked about the fast-track route for pharmaceuticals and medical devices approvals in Peru. Peru delivered a presentation on pharmaceutical and medical devices approval levels and processes (which had been shared with the UK previously). Peru noted that they were considering recognising the UKCA mark for medical devices. The UK were grateful to hear this positive development and stated that they would be ready to assist Peru with any further information on the UKCA mark if needed.

Actions

The UK to provide further information on the implementation of due diligence legislation.

Conclusions and next steps

1. The UK to provide responses on technical questions relating the procedure for establishing an MRA on organics.
2. Ecuador to send the MRA organics presentation to the UK.
3. The UK to share UKCA mark presentation with Ecuador, Peru and Colombia.
4. The UK to clarify plans for an equivalent database to EU helpdesk for exporters and to feedback answer to Andean nations.
5. The UK to provide clarity on implementation of due diligence legislation and respond to Ecuador in due course.