MONITORING MECHANISM FOR THE IMPLEMENTATION OF ASEAN POLICY GUIDELINE ON STANDARDS AND CONFORMANCE BY ASEAN MEMBER STATES

REPORTED BY NO. MEASURES ACTIONS REQUIRED IMPLEMENTATION STATUS (AMS, WG/PWG)

A. GENERAL PROVISIONS

1. Harmonised standards and 1. Making reference to the terms conformance terminology and definitions as prescribed in the ISO/IEC Guide 2 and ISO/IEC AMS1 should accept/use the 17000 as the definitions in laws. terms and definitions as prescribed in the ISO/IEC Guide 2 and ISO/IEC 17000 as 2. Adopting as national standards the definitions of all standards where appropriate. and conformity assessments activities to ensure consistency.

3. Adopting as national guides.

2. Realisation of a single 1. Active participation in ACCSQ market and production base and its WGs/PWGs, where appropriate. AMS should make every effort to undertake measures outlined under each roadmap and follow the timeline accordingly 2. Active participation at national through participation at relevant committee level led by respective meetings. SEOM leader.

1 AMS = ASEAN Member State

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3. Adherence to the Code of 1. To have a specific target date for Good Practice for the compliance Preparation, Adoption and Application of Standards as in Annex 3 of the WTO TBT Agreement

1. AMS should demonstrate compliance to Annex 3 of the 2. To inform ACCSQ on the date of WTO TBT Agreement. the acceptance of the Annex 3 of the WTO TBT Agreement . 2. Non-WTO members should notify ASEAN Secretariat on the acceptance of the Annex 3 of the WTO TBT Agreement.

4. Implementation of the 1. AMS should report the progress Roadmap for Priority Sectors of implementation of each measure of the roadmap at the ACCSQ AMS to implement all the meeting. standards, technical regulations and conformity assessment measures as stated in the roadmap for integration of priority sectors.

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B. HAMONISATION OF STANDARDS

1. Adoption of relevant 1. To have clear policy on the international standards when adoption of international standards. preparing new national standards or revising existing standards 2. To publish national standards, guidelines and/or policy on adoption Harmonize existing national of international standards based on standards and adopt ISO/IEC Guide 21. international standards into new national standards based on the ISO/IEC Guide 21 “Adoption of International Standards as Regional or National Standards” or its latest edition.

2. Compliance to the relevant 1. To provide list of standards WTO TBT requirements aligned with international standards with modifications for priority AMS should ensure that the sectors and other sectors identified modifications of content of by ACCSQ. international standards are not prepared and adopted with a view to or with the effect of creating unnecessary technical barriers to trade or more restrictive than necessary to fulfill legitimate objectives.

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3. Participation in the 1. AMS to participate as “P” development of international member if possible in the identified standards particularly in sectors and to establish the national those sectors that are mirror committee. potential for ASEAN Trade

AMS are encouraged to participate actively in the 2. To promote the attendance at development of international international meetings. standards and take measures of promoting the attendance at international meetings. 3. To report to ACCSQ on programmes/activities/schemes undertaken at national level to promote the participation in international standardisation activities.

4 C. ADOPTION OF CONFORMITY ASSESSMENT PROCEDURES

REPORTED BY NO. MEASURES IMPLEMENTATION STATUS ACTIONS REQUIRED (AMS, WG/PWG)

1. Adoption of internationally accepted conformity 1. WG 1/WG 2 to update ACCSQ assessment procedures on the relevant ISO/IEC Guides and Standards pertaining to conformity AMS to adopt conformity assessment procedures that are assessment procedures that currently being practiced/adopted are consistent with international as national standards. standards and guides and wherever such procedures can not be achieved because of differences in legitimate 2. PWGs to ensure that the current objectives, the differences of Conformity Assessment Procedures conformity assessment under respective regulation are procedures shall be made as inline with the ISO/IEC guides and minimum as possible. standards or any other international standards.

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2. Development and 1. PWGs to identify the current implementation of the conformity assessment processes ASEAN Sectoral MRAs and procedures under the respective technical regulations. AMS to develop and implement ASEAN Sectoral MRAs in the regulated areas, where 2. PWGs to undertake study of appropriate, using the ASEAN possibility of having MRA of those Framework Agreement on Conformity Assessment results. Mutual Recognition Arrangements as the basis.

3. Cooperation amongst ABs 1. ASEAN NMIs to participate in the and NMIs Global Measurement MRA Program of BIPM and/or seek accreditation Encourage the cooperation from its respective National amongst National Accreditation Accreditation Body (AB) or use Bodies and National Metrology APLAC signatory ABs or accredited Institutes (NMIs) in ASEAN to calibration laboratories, where facilitate the implementation of appropriate. MRAs in regulated and non- regulated sectors. 2. ASEAN Accreditation Bodies to obtain the APLAC MRA for calibration.

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3. The ASEAN Accreditation Bodies to participate in the activities of APLAC and PAC, where appropriate.

4. Preparation, adoption and 1. PWGs to identify high and low application of conformity risk products on a per sector basis assessment procedures using available guides or references acceptable to members. 1. AMS should ensure that 2. AMS to use the existing voluntary conformity assessment MRAs (APLAC, PAC, ILAC, IAF, procedures that are prepared, IEC Conformity Assessment adopted or applied: Schemes) as the basis for a. not creating unnecessary acceptance. obstacles to trade b. accord same treatment to both local and imported products

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2. Implementation of 3. WG 2 to promote the recognition registration, licensing and and acceptance of test/calibration approval prior to the market reports/ certifications issued by should be limited to high risk conformity assessment bodies products accredited by MRA/MLA signatories and also the benefits of voluntary 3. AMS should accept the MRAs, especially to the regulators. results of conformity assessment produced by conformity assessment bodies designated by other AMS in accordance with the provisions of the ASEAN Framework Agreement on Mutual Recognition Arrangements and the provisions of the respective ASEAN Sectoral M

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D. ADOPTION OF TECHNICAL REGULATIONS

1. Implementation all the 1. To list actions taken to ensure standards, technical that regulators within its territory are regulations and conformity aware of the requirements and assessment measures obligations of the WTO TBT Agreement.

1. AMS to ensure that regulators within its territory are 2. To list actions taken to adopt the aware of the requirements and ASEAN GRP Guide in preparing, obligations of the WTO TBT adopting and applying technical Agreement and should adopt regulations. the ASEAN GRP Guide in preparing, adopting and applying technical regulations. 3. AMS to notify through the Joint Sectoral Committee or if not 2. AMS to ensure that where applicable the ASEAN Secretariat applicable the preparation, the particular technical regulation adoption and application of and the products covered, with a technical regulations are to brief indication of the objective and facilitate the implementation of the rationale of the technical respective ASEAN Sectoral regulation, including the nature of MRAs the problems whenever technical regulations are amended/introduced.

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3. AMS may adopt technical 4. To provide to other AMS the draft regulation as it finds necessary. of the technical regulation and other However, whenever the need information regarding the deviations of technical regulations is from the relevant international urgent, AMS should consider standards and the applicable pre- using appropriate international market conformity assessment standards as the first procedure with justification on the alternative. urgency of such regulation.

E. POST MARKET SURVEILLANCE

1. Implementation of Post 1. To update on the existing Post Market Surveillance Systems Market Surveillance Systems, relevant laws and regulations and 1. AMS to establish Post parties involved. Market Surveillance System (PMS) practiced in their country to complement the 2. PWGs to update on the need to implementation of ASEAN establish alert systems and update Sectoral MRAs and technical on existing alert systems in ASEAN. regulations.

2. AMS to consider establishing the alert system to enhance the effectiveness of PMS

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F. TRANPARENCY

1. Transparency of national 1. AMS to provide standards, technical the information on the contact regulations and conformity points for standards, conformity assessment procedures assessment procedures and technical regulations based on the APEC template. 1. AMS to ensure that their standards, technical 2. PWGs should include this regulations and conformity provision under respective work assessment procedures are programme made publicly available prior to or upon adoption/approval and 3. AMS to establish the enquiry and implementation notification point which has the responsibility of providing information on the publicly available standards, technical regulations and Conformity Assessment requirements (for non-WTO members).

For WTO members existing TBT enquiry point may be used.

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