The development of Technical Regulations : The NRCS approach presented by : E Monyanga

1. The development of Technical Regulations : The NRCS approach presented by : E Monyanga

2. Background • RR & D • SA Technical infrastructure entities • NRCS’s regulatory approach • NRCS mandate • The NRCS’s value chain • Technical regulations(TRs/ VCs) • The status of technical TRs for building materials in the NRCS. • How TRs can support NBR • How TRs are developed • The role of stakeholders in the VC development process Points of discussion

3. Regulatory Research and Development ( RR & D) • We conduct regulatory research: • Government policies, priorities and possible effects on NRCS’s mandate. • Identify new areas of regulatory interventions e.gnew areas of government policy focus e.g. energy efficiency. • Risk- and impact assessments to assess the feasibility of the proposed technical regulations ( TRs) or Compulsory specifications ( VCs). • Optimise or improve the regulatory effort: • Benchmarking of the NRCS regulatory activities against those of other regulators • New technology or standards

4. RR & D • Facilitate : • Development of new Compulsory Specifications( VCs) and Technical regulations (TRs) • Amendment of existing VCs and TRs. • Repeal of obsolete VC’s.

5. THE SOUTH AFRICAN TECHNICAL INFRASTUCTURE Regulators and the Judiciary

6. LEGISLATIVE STRUCTURE Primary Legislation : The NRCS ACT,5 of 2008 Parliament Ministry: The Department of Trade and Industry Secondary Laws: Compulsory Specifications. Develop, maintain and administer VCs. Institution: NRCS Market

7. THE NRCS MANDATE • Established through the National Regulator for Compulsory Specifications Act in 2008 (Act 5 of 2008). • Previously, was the Regulatory Division of the South African Bureau of Standards ( SABS). • Develop, maintain and administer technical regulations including COMPULSORY SPECIFICATIONS (VCs) to: • Protect public health and safety, • Protect the environment ( sustainability) • Ensure that national and international trade is fair and based on reliable measurements of quantity( Mass, Volume, Length and Area). • Administer National Building Regulations under the NBR Act, 1977.

8. Compulsory Specifications mandate “Compulsory specifications” 13. (1) The Minister may, on the recommendation of the Board, in respect of any commodity, product or service which may affect public safety, health or the environment, by notice in the Gazette— • declare a SANS or a provision of a SANS to be a compulsory specification — • by referring to the title and the number of that standard only, without indicating the year or edition number, and if that SANS is amended, the amended SANS is deemed to have been incorporated; or (ii) by referring to the title, number and year or edition number of that SANS; (b) declare an amended SANS or an amended provision of a SANS to be a compulsory specification if the original declaration was made in terms of subsection (1)(a)(ii); (c) declare or amend a compulsory specification if a SANS or a provision of a SANS is not available in terms of paragraphs (a) and (b); or (d) withdraw a compulsory specification.

9. Technical regulations Document which lays down product characteristics or their related processes and production methods, including the applicable administrative provisions, with which compliance is mandatory. It may also include or deal exclusively with terminology, symbols, packaging, marking or labelling requirements as they apply to a product, process or production method. (WTO TBT Agreement)

10. Conformity assessment Request for regulation • Enforcement of regulations Sanction Inspection Sampling Testing Pre- market approval Development of TR • In-house Technical Specialist. • Industry Participation. • Use of SANS if available Admin Process. • LOA & Sales Permit. • Proof of Compliance • Approvals Inspectors. • Automotive • Chemicals , Mechanical & Materials • Legal Metrology • Foods • Random • On request Accredited testing facilities The technical regulations value chain Requirements Non-compliance

11. General focus of technical regulations • Mandate of the NRCS as described in the NRCS Act : • Protect public health and safety and the environment • Use SANS for technical requirements • SA’s obligations under the World Trade Organization (WTO) Agreement on Technical Barriers to Trade (TBT): • Prohibits use of non-tariff barriers i.e. standards and technical regulations. • Transparency – notification and disclosure, appeals • Use of internationally accepted standards • Mutual recognition of conformity assessment service providers – accreditation. • Good regulatory practices ( GRP)

12. GRP - National Technical Regulatory Framework (NTRF) Core principles for the NRTF include: • Transparency; • The use of the least trade restrictive measures; • Internationally harmonised measures; • Necessity; • Proportionality; and • Non- discrimination.

13. How Technical Regulations can support National Building Regulations • Prescribe required performance for building materials: • Ongoing control over materials used in construction. • Enforce reliability and consistency. • Eliminate/ prevent entry in to the market of unsafe or hazardous materials. • Promote Sustainability- energy efficiency and environmentally sound sources of building materials. • The economic impact of poor quality materials. • \

14. The Building and Construction Materials Sector, Challenges and Opportunities (CIDB, 2007) Economic impact

15. REGULATION OF BUILDING MATERIALS: CURRENT CHALLENGES (CIDB, 2007) • Non-compliance of materials and building products with South African National Standards. • Lack of capacity amongst building inspectors to evaluate compliance requirements, even though standards are prescribed in SANS 10400. • Effect on the end product – buildings and infrastructure : poor quality and hazardous conditions. • NRCS - to grow regulatory foot print in this area.

19. How?

21. Request to NRCS CEO/RR&D Manager i Feasibility of request by PAC – YES/NO i Appoint project Manager from RR&D department i Project proposal to PAC i Technical stakeholder working group meeting i Risk Assessment (Report to PAC) – YES/NO i Technical stakeholder working group meeting i Draft technical regulation i Regulatory Impact Assessment (Report to PAC) – YES/NO i Full stakeholders’ meeting i CSP 350: Development and approval of technical regulations

22. CSP 350: Development and approval of technical regulations i Draft second version of technical regulation & circulate i Finalize technical regulation (to PAC for signing off) i Submit to NRCS EXCO for review and approval i To dti for Ministers’ approval i First gazetting for comments (60 days) i Comments review meeting i To dti for final gazetting!