[Date Prev][Date Next][Thread Prev][Thread Next][Date Index
][Thread Index
]
ASEAN FRAMEWORK AGREEMENT
- Subject: ASEAN FRAMEWORK AGREEMENT
- From: moe@xxxxxxxxxxxxx
- Date: Tue, 22 Dec 1998 23:44:00
ASEAN FRAMEWORK AGREEMENT
ON MUTUAL RECOGNITION ARRANGEMENTS
SOURCE:ASEAN
----------------------------------------------------------------------------
----
21ST DECEMBER 1998
The Governments of Brunei Darussalam, the Republic of Indonesia, the Lao
People's Democratic Republic, Malaysia, the Union of Myanmar, the Republic
of the Philippines, the Republic of Singapore, the Kingdom of Thailand and
the Socialist Republic of Vietnam, Member States of the Association of
Southeast Asian Nations (hereinafter referred to as "ASEAN");
MINDFUL that in 1992 the ASEAN Heads of Government declared that an ASEAN
Free Trade Area shall be established in the region and that in 1995 they
agreed to accelerate its implementation to the year 2003;
NOTING the Agreement on the Common Effective Preferential Tariff (CEPT)
Scheme for the ASEAN Free Trade Area signed on 28 January 1992, which
provides for the border and non-border areas of cooperation to supplement
and complement the liberalisation of trade including, among others, the
harmonisation of standards, reciprocal recognition of tests and
certification of products;
RECALLING that in 1995, the ASEAN Heads of Governments adopted, in the
Bangkok Summit Declaration, the Agenda for Greater Economic Integration,
which includes, among others, the introduction of greater transparency in
standards and conformance, the alignment of national standards with
international standards and undertaking projects to facilitate mutual
recognition arrangements (hereinafter referred to as "MRAs") to facilitate
greater intra-regional trade;
RECOGNISING that MRAs for conformity assessment activities could be an
important means of eliminating Technical Barriers to Trade and enhancing
market access and that such mutual recognition could be of particular
interest to small and medium-sized businesses in ASEAN;
RECOGNISING further that MRAs could contribute positively in encouraging
greater international harmonization of standards and regulations and that
any such MRAs would require confidence in the other Member States' capacity
and competence to test or assess conformity to a Member State's own
requirements;
MINDFUL of the different levels of infrastructure for Standards and
Conformity Assessment and economic development of ASEAN Member States;
REITERATING their commitments under the World Trade Organization Agreement
on Technical Barriers to Trade and noting that the Agreement encourages
Contracting Parties to enter into negotiations for the conclusion of
agreement for the mutual recognition of results of each other's conformity
assessment; and
DESIRING to formulate a framework agreement to deepen and broaden
cooperation on Standards and Conformance in ASEAN and to provide a basis for
developing and implementing MRAs in specific product sectors, (hereinafter
referred to as "Sectoral MRAs"), to facilitate the realization of the ASEAN
Free Trade Area.
HAVE AGREED AS FOLLOWS :
ARTICLE 1
DEFINITIONS
General terms concerning conformity assessment used in this Framework
Agreement and the Sectoral MRAs shall have the meaning given in the
definitions contained in the Guide 2 (1996 edition) of the International
Organization for Standardization (ISO) and International Electrotechnical
Commission (IEC) with the exception of the following terms which shall
contain definitions herein:
"Conformity Assessment" means systematic examination to determine the extent
to which a product, process or service fulfills specified requirements;
"Conformity Assessment Body" means a body whose activities and expertise
include performance of all or any stage of the conformity assessment process
except for accreditation;
"Regulatory Authority" means an entity that exercises a legal right to
control the import, use or sale of products within a Member State's
jurisdiction and may take enforcement action to ensure that products
marketed within its jurisdiction comply with legal requirements.
In addition, the following terms and definitions shall apply to this
Framework Agreement and the Sectoral MRAs:
"Designation" means the authorisation by a Designating Body of a Conformity
Assessment Body to perform conformity assessment activities as specified
under this Framework Agreement and the relevant Sectoral MRAs;
"Designating Body" means a body appointed by a Member State to a Sectoral
MRA, with responsibility to identify and monitor Conformity Assessment
Bodies as specified under this Framework Agreement and the relevant Sectoral
MRAs.
ARTICLE 2
OBJECTIVES
The objectives of this Framework Agreement are:
to stipulate the general principles for developing Sectoral MRAs amongst
Member States and other related cooperative activities to facilitate
elimination of technical barriers to trade within ASEAN; and
to stipulate the general conditions under which each Member State to a
Sectoral MRA shall accept or recognize results of conformity assessment
procedures, produced by the Conformity Assessment Bodies of the other Member
States to the Sectoral MRA in question in assessing conformity to the
requirements, as specified in the Sectoral MRA.
ARTICLE 3
GENERAL PROVISIONS
Member States to the Sectoral MRAs shall accept or recognize the conformity
assessment results, which have been issued in accordance with the provisions
in the Sectoral MRAs, by the listed Conformity Assessment Bodies of other
Member States to the Sectoral MRAs.
Where sectoral transition arrangements have been specified in the Sectoral
MRAs, the above obligations shall apply following the successful completion
of those transition arrangements.
Member States to the Sectoral MRAs shall ensure that the Designating Bodies
specified in the Sectoral MRAs have the power and competence in their
respective territories to carry out decisions required of them under this
Framework Agreement and the relevant Sectoral MRAs.
Member States to the Sectoral MRAs shall ensure that the Conformity
Assessment Bodies listed in the Sectoral MRAs fulfill the conditions of
eligibility to assess conformity in relation to requirements as specified in
the Sectoral MRAs, and shall observe the procedures set out in Article 6 of
this Framework Agreement.
Member States shall strengthen and enhance existing cooperation efforts in
confidence building and develop cooperation in areas that are not covered by
existing cooperation arrangements, through inter alia:
harmonization of standards with relevant international standards,
particularly those relevant to the Sectoral MRAs;
establishing or improving of infrastructure in calibration, testing,
certification and accreditation to meet relevant international requirements;
actively participating in relevant arrangements undertaken by specialist
regional and international bodies;
effectively using the existing MRAs developed by regional and international
bodies which majority of ASEAN Member States are parties to;
research and development; and
exchange of information and training .
Member States shall identify sectors for developing MRAs based on the
following criteria:
with special focus on but not limited to the list of 20 priority product
groups identified for harmonization of standards;
the volume of intra-ASEAN trade affected;
the existence and extent of technical barriers to trade;
the readiness of technical infrastructure in the majority of Member States,
which shall include the existence of Conformity Assessment Bodies that
satisfy the procedures and criteria stated in Article 6, clause 1; and
the interest of the majority of Member States.
All Sectoral MRAs are intended to be multilateral agreements in which all
Member States are encouraged to participate. However, taking cognizance of
paragraph 3 of Article I of the Framework Agreement on Enhancing ASEAN
Economic Cooperation signed on 28 January 1992 in Singapore, two or more
Member States may proceed first if other Member States are not ready to
participate in the Sectoral MRAs.
All documents issued for the purpose of information exchange, verification,
provision of evidence and other activities arising from obligations of both
the Framework Agreement and Sectoral MRAs, if not in English, shall be
accompanied by certified translated copies in English.
ARTICLE 4
ELEMENTS OF SECTORAL MRA
A Sectoral MRA shall include:
scope and coverage with respect to products;
a list of the relevant legislative, regulatory and administrative provisions
pertaining to the conformity assessment procedures and technical regulations
for the specified products and provisions to update other Member States to
the Sectoral MRA on changes;
a list of Designating Bodies;
the procedures and criteria for listing Conformity Assessment Bodies;
the current list of agreed Conformity Assessment Bodies and a statement of
the scope of the conformity assessment and relevant procedures for which
each has been accepted;
a description of the mutual recognition obligations;
a sectoral transition arrangement that provides for a specified time period
where Member States to a Sectoral MRA require time to implement legislative
or regulatory changes to effect the Sectoral MRA;
a list of contact points, who shall not be members of the relevant Joint
Sectoral Committee;
provisions for the establishment of a Joint Sectoral Committee; and
additional provisions as required.
The Sectoral MRAs may include a statement or arrangement related to mutual
acceptance of the standards or technical regulations or mutual recognition
of the equivalence of such standards or technical regulations.
ARTICLE 5
JOINT SECTORAL COMMITTEE
For each Sectoral MRA, a Joint Sectoral Committee shall be established,
which shall be responsible for the effective functioning of that Sectoral
MRA. The Joint Sectoral Committee shall comprise one official representative
designated by each Member State to the Sectoral MRA. The representative
shall not be from a Conformity Assessment Body.
The Joint Sectoral Committee may consider any matter and take appropriate
actions relating to the effective functioning of the Sectoral MRA. In
particular it shall be responsible for:
listing, suspension, withdrawal, removal, reinstating and verification of
Conformity Assessment Bodies in accordance with the Sectoral MRA;
amending transition arrangements in the Sectoral MRA;
providing a forum for discussion of issues that may arise concerning the
implementation of the Sectoral MRA; and
considering ways to enhance the operation of the Sectoral MRA.
The Joint Sectoral Committee shall take its decisions by consensus.
ARTICLE 6
LISTING OF CONFORMITY ASSESSMENT BODIES
The following procedures shall apply with regard to the listing of
Conformity Assessment Bodies in a Sectoral MRA:
Each Designating Body specified in a Sectoral MRA shall identify Conformity
Assessment Bodies for listing, in accordance with the procedures and
criteria set forth in that Sectoral MRA and shall apply one of the following
ways to demonstrate technical competence of the Conformity Assessment Bodies:
accreditation by an accreditation body that is a signatory to a regional or
international MRA, which is conducted in conformance with the relevant
ISO/IEC Guides; or
participation in regional/international mutual recognition arrangements for
testing and certification bodies, which are conducted in conformance with
the relevant ISO/IEC Guides; or
regular peer evaluations which are conducted in conformance with the
relevant ISO/IEC Guides.
The Designating Body shall ensure that identified Conformity Assessment
Bodies have adequate knowledge of the applicable technical regulations.
All Designating Bodies relevant to the Sectoral MRAs shall forward in
writing required details of all Conformity Assessment Bodies that they
identified, to the relevant Joint Sectoral Committee and the ASEAN
Secretariat for the Committee members' confirmation or opposition.
Within 60 days following receipt of a Designating Body's submission, the
members of the Joint Sectoral Committee shall indicate their position
regarding either their confirmation or their opposition, to the ASEAN
Secretariat. No response within 60 days shall be taken as abstention. Upon
confirmation, the inclusion of the proposed Conformity Assessment Body or
Bodies in the list of accepted Conformity Assessment Bodies shall take
effect;
If one or more of the Member States to the Sectoral MRA requests
verification of the technical competence or compliance of a proposed
Conformity Assessment Body, such request shall be made an objective and
reasoned manner in writing to the ASEAN Secretariat, which shall forward it
to the relevant Joint Sectoral Committee for a decision. The Joint Sectoral
Committee may decide that the body concerned be more fully verified in
accordance with Article 9 of this Framework Agreement; and
The proposed Conformity Assessment Body shall not be included in the list of
accepted Conformity Assessment Bodies in the applicable Sectoral MRA until a
decision has been made to include such Conformity Assessment Body.
ARTICLE 7
SUSPENSION OF LISTED CONFORMITY ASSESSMENT BODIES
The following procedures shall apply with regard to the suspension of a
Conformity Assessment Body listed in a Sectoral MRA:
Any Member State to a Sectoral MRA which contests the technical competence
or compliance of a listed Conformity Assessment Body shall, through its
contact point to submit a proposal to suspend such a Conformity Assessment
Body, to the relevant Joint Sectoral Committee and the ASEAN Secretariat.
Such contestation shall be exercised when justified in an objective and
reasoned manner in writing;
The ASEAN Secretariat shall promptly inform the Conformity Assessment Body
concerned. The Conformity Assessment Body shall be given an opportunity to
present information in order to refute the contestation or to correct the
deficiencies which form the basis of the contestation;
Any such contestation shall be discussed by the relevant Joint Sectoral
Committee, which may decide to suspend the Conformity Assessment Body in
question;
If the matter has not been resolved by the Joint Sectoral Committee within
21 days of the notice of contestation, the Conformity Assessment Body shall
be suspended upon the request of the contesting Member State;
Where the Joint Sectoral Committee decides that verification of technical
competence or compliance is required, such verification shall be carried out
in accordance with Article 9 of this Framework Agreement;
Upon the suspension of a Conformity Assessment Body listed in a Sectoral
MRA, Member States to the Sectoral MRA are no longer obligated to accept or
recognize the results of conformity assessment procedures performed by that
Conformity Assessment Body subsequent to suspension. Member States to the
Sectoral MRA shall, subject to Article 11, continue to accept the results of
conformity assessment procedures performed by that Conformity Assessment
Body prior to suspension; and
The suspension shall remain in effect until an agreement has been reached by
Member States to the Sectoral MRA upon the future status of that Conformity
Assessment Body.
ARTICLE 8
REMOVAL OF LISTED CONFORMITY ASSESSMENT BODIES
The following procedures shall apply with regard to the removal of a listed
Conformity Assessment Body from a Sectoral MRA:
A Member State to a Sectoral MRA proposing to remove a Conformity Assessment
Body listed in a Sectoral MRA shall, through its contact point for the
Sectoral MRA, forward its proposal in an objective and reasoned manner in
writing to the relevant Joint Sectoral Committee and the ASEAN Secretariat;
Such a Conformity Assessment Body shall be promptly notified by the ASEAN
Secretariat and shall be provided a period of at least 30 days from receipt
of the notification to provide information in order to refute or to correct
the deficiencies which form the basis of the proposed removal;
Within 60 days following receipt of the proposal, the members of the Joint
Sectoral Committee shall indicate their positions regarding either their
confirmation or their opposition to the ASEAN Secretariat. No response
within 60 days shall be taken as abstention. Upon confirmation, the removal
from the Sectoral MRA of the proposed Conformity Assessment Body or Bodies
shall take effect;
If the Joint Sectoral Committee finds sufficient grounds based on the
evidence submitted, it may decide to carry out a joint verification of the
body concerned. Pending completion of the joint verification, the Conformity
Assessment Body shall not be removed from the list of Conformity Assessment
Bodies in the applicable Sectoral MRA; and
Subsequent to the removal of a Conformity Assessment Body listed in a
Sectoral MRA, Member States to the Sectoral MRA shall, subject to Article
11, continue to accept the results of conformity assessment procedures
performed by that Conformity Assessment Body prior to removal.
ARTICLE 9
VERIFICATION OF TECHNICAL COMPETENCE AND COMPLIANCE
OF CONFORMITY ASSESSMENT BODIES
The Designating Bodies shall ensure that Conformity Assessment Bodies
identified by them will be available for verification of their technical
competence and compliance with applicable requirements when required by the
relevant Joint Sectoral Committee.
Any request for verification of technical competence or compliance of the
Conformity Assessment Body, shall be justified in an objective and reasoned
manner and in writing to the ASEAN Secretariat, which shall forward it to
the relevant Joint Sectoral Committee for a decision.
Where the Joint Sectoral Committee decides that verification of technical
competence or compliance is required, it will be carried out in a timely
manner, jointly by all interested Member States to the relevant Sectoral
MRA, based on the procedures and criteria set forth in the relevant Sectoral
MRA and the provisions of Article 6 of this Framework Agreement.
The result of this verification shall be discussed by the relevant Joint
Sectoral Committee with a view to resolving the issue as soon as possible.
ARTICLE 10
MONITORING OF CONFORMITY ASSESSMENT BODIES
Designating Bodies shall ensure that Conformity Assessment Bodies identified
by them and listed in a Sectoral MRA are capable and remain capable of
properly assessing conformity of products or processes, as applicable, and
as covered in the applicable Sectoral MRA. Designating Bodies shall maintain
monitoring of such Conformity Assessment Bodies listed in a Sectoral MRA by
means of regular audit or assessment.
Dsignating Bodies shall compare methods used to verify that the Conformity
Assessment Bodies listed by the Joint Sectoral Committee comply with the
relevant requirements of the Sectoral MRAs.
Designating Bodies shall consult as necessary with their counterparts in
other Member States to the Sectoral MRAs, to ensure the maintenance of
confidence in conformity assessment procedures. This consultation may
include joint participation in audits/inspections related to conformity
assessment activities or other assessments of Conformity Assessment Bodies
listed in a Sectoral MRA.
Designating Bodies shall consult, as necessary, with relevant Regulatory
Authorities to ensure that all technical requirements identified in the
relevant Sectoral MRAs are satisfactorily addressed.
ARTICLE 11
PRESERVATION OF REGULATORY AUTHORITY
Nothing in this Framework Agreement shall be construed to limit the
authority of a Member State to determine, through its legislative,
regulatory and administrative measures, the level of protection it considers
appropriate for safety; for protection of human, animal, or plant life or
health; for the environment and for consumers.
Nothing in this Framework Agreement shall be construed to limit the
authority of a Regulatory Authority to take all appropriate and immediate
measures whenever it ascertains that a product may:
compromise the health or safety of persons in its territory;
not meet the legislative, regulatory, or administrative provisions within
the scope of the applicable Sectoral MRA ; or
otherwise fail to satisfy a requirement within the scope of the applicable
Sectoral MRA.
If the Regulatory Authority takes such measures, it shall inform its
counterpart authority in the affected Member State and other Member States
to the relevant Sectoral MRA of such measures taken, providing reasons,
within a period of time defined in the relevant Sectoral MRA.
ARTICLE 12
CONSULTATIONS AND SETTLEMENT OF DISPUTES
Member States shall, at the written request of another Member State, enter
into consultations with a view to seeking a prompt, equitable and mutually
satisfactory solution, if that Member State considers that:
an obligation under this Framework Agreement has not been fulfilled, is not
being fulfilled, or may not be fulfilled; or
any objective of this Framework Agreement is not being achieved or may be
frustrated.
Any differences between Member States concerning the interpretation or
application of this Framework Agreement and the Sectoral MRAs shall, as far
as possible, be settled amicably between the Member States concerned or
within the relevant Joint Sectoral Committee if applicable. If a settlement
cannot be reached, thus, it shall be subjected to the Dispute Settlement
Mechanism of ASEAN in accordance with the Protocol on Dispute Settlement
Mechanism, which was signed on 20 November 1996 in Manila, the Philippines.
ARTICLE 13
INSTITUTIONAL ARRANGEMENTS
Progress of the implementation of this Framework Agreement shall be reported
to the AFTA Council through the Senior Economic Officials Meeting (SEOM).
The SEOM shall monitor all aspects relating to the implementation of this
Framework Agreement. The Joint Sectoral Committees shall monitor all aspects
relating to the implementation of the relevant Sectoral MRAs.
The ASEAN Consultative Committee for Standards and Quality (ACCSQ) and the
ASEAN Secretariat shall provide the support for coordinating and reviewing
the implementation of this Framework Agreement and the Sectoral MRAs and
assist the SEOM and the Joint Sectoral Committees in all matters relating
thereto.
The ACCSQ shall be the forum for linkages with industries with respect to
the implementation of this Framework Agreement and the Sectoral MRAs.
ARTICLE 14
TECHNICAL ASSISTANCE AND FUNDING
Member States shall, if requested, advise other Member States, and shall
grant them technical assistance on mutually agreed terms and conditions,
where applicable on building up and/or maintaining technical competence of
relevant Conformity Assessment Bodies in their territories so that they can
fulfil the obligations as specified in the Sectoral MRAs or participate in
the Sectoral MRAs.
Member States which are members or participants of international or regional
systems for conformity assessment shall, if requested, advise other Member
States, and shall grant them technical assistance on mutually agreed terms
and conditions, where applicable regarding the establishment of the
institutions and legal framework which would enable them to fulfil the
obligations of membership or participation in such systems.
Member States to a Sectoral MRA may engage the services of Conformity
Assessment Bodies of other Member States to undertake the requisite
conformity assessment activities, should they not have their own facilities
to do so.
Member States shall accord priority to funding for activities under this
Framework Agreement and the Sectoral MRAs. Expenses incurred as a result of
any activity undertaken by a Member State to fulfill the objectives of this
Framework Agreement and the Sectoral MRAs shall be borne by the Member State
concerned unless all Member States decide otherwise.
ARTICLE 15
CONFIDENTIALITY
Member States shall maintain, to the extent permitted under its laws and
regulations, the confidentiality of information exchanged under this
Framework Agreement and the Sectoral MRAs.
Member States shall take all precautions reasonably necessary to protect
information exchanged under this Framework Agreement and the Sectoral MRAs
from unauthorized disclosure.
ARTICLE 16
ACCESSION OF NEW MEMBERS
New Members of ASEAN may accede to this Framework Agreement through the
signing and depositing of the instrument of accession to this Framework
Agreement with the Secretary-General of ASEAN, who shall promptly furnish
each Member State a certified copy thereof.
ARTICLE 17
RIGHTS AND OBLIGATIONS UNDER EXISTING INTERNATIONAL AGREEMENTS OR CONVENTIONS
This Agreement or any actions taken thereto shall not affect the rights and
obligations of the contracting Member States under any existing
international agreements or conventions to which it is also a party.
ARTICLE 18
FINAL PROVISIONS
The provisions of this Framework Agreement may be reviewed or amended by
agreement of all Member States.
Member States shall undertake appropriate measures to fulfill the agreed
obligations arising from this Framework Agreement.
Member States shall make no reservations with respect to any of the
provisions of this Framework Agreement.
This Framework Agreement shall be deposited with the Secretary General of
ASEAN, who shall promptly furnish each Member State a certified copy thereof.
This Framework Agreement shall enter into force upon deposit of instruments
of ratification or acceptance by all signatory Governments with the
Secretary- General of ASEAN.
IN WITNESS WHEREOF the undersigned, being duly authorized by their
respective Governments, have signed this ASEAN Framework Agreement on Mutual
Recognition Arrangements. DONE at Hanoi, Vietnam, on the 16th day of
December 1998, in a single copy in the English Language.
For the Government of Brunei Darussalam
ABDUL RAHMAN TAIB
Minister of Industry and Primary Resources
For the Government of the Republic of Indonesia
RAHARDI RAMELAN
Minister of Trade and Industry
For the Government of the Lao People's Democratic Republic
SOULIVONG DARAVONG
Minister of Industry and Handicrafts
For the Government of Malaysia
RAFIDAH AZIZ
Minister of International Trade and Industry
For the Government of the Union of Myanmar
BRIGADIER GENERAL DAVID O. ABEL
Minister at the Office of the Chairman
of the State Peace and Development Council
For the Government of the Republic of the Philippines
JOSE TRINIDAD PARDO
Secretary of Trade and Industry
For the Government of the Republic of Singapore
LEE YOCK SUAN
Minister for Trade and Industry
For the Government of the Kingdom of Thailand
SUPACHAI PANITCHPAKDI
Deputy Prime Minister and Minister of Commerce
For the Government of the Socialist Republic of Vietnam
TRUONG DINH TUYEN
Minister of Trade