ACJEP - Chapter Five

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    Agreement on Comprehensive Economic Partnership Among Member States of the Association of

    Southeast Asian Nations and Japan

    Chapter Five: Standards, Technical Regulations and Conformity Assessment Procedures

    The objectives of CHAPTER 5 are to promote trade among the parties by:- Ensuring that standards, technical regulations and conformity assessment procedures do

    not create unnecessary obstacles to trade.

    - Promoting mutual understandingof the standards, technical regulations and conformityassessment procedures in each Party;

    - Strengthening information exchange and cooperation among the Partiesin relation to thepreparation, adoption and application of standards, technical regulations, and conformity

    assessment procedures.

    - Strengthening cooperation among the Partiesin the work of international bodies related tostandardization and conformity assessments; and

    - Providing a frameworkto realize their objectives. CHAPTER FIVE underlines the standards, technical regulations and conformity assessment

    proceduresmade by the able-bodied members of the World Trade Organization (WTO) through

    its negotiations in the Agreement on Technical Barriers to Trade, also referred to as the TBT

    Agreement.

    The rules included in the TBT Agreement were made in light of the extant conflicts anddifficulties experienced by international producers and exporters from varied technical

    regulations and product standards imposed by each country in the world.

    The TBT Agreement aims to ensure that the regulations, standards, testing and certificationprocedures do not create unnecessary obstacles in trade, while also providing its members with

    the right to implement measures to achieve legitimate policy objectives, such as the protection

    of human health and safety, or the environment.

    The ACJEP, having Parties that are parties of the said Agreement, reaffirm the rights andobligations of its own Parties relating to the standard, technical regulations and conformityassessment procedures included in the TBT.

    The ACJEP adopts the rules set by TBT in order to promote uniformity among its Partners andstrengthen its economic ties.

    Article 46 enumerates the different forms of cooperationthat the Parties may avail of in orderto implement the main objective of CHAPTER FIVE; i.e. to ensure that standards, technical

    regulations and conformity assessment procedures do not create unnecessary obstacles to

    trade. Some of the forms mentioned include the ff:

    o Conducting joint studies and holding seminars to enhance mutual understanding ofstandards in each party.

    o Exchanging information on such standards, regulations and conformity procedures.o

    Encouraging the bodies responsible for these standards and regulations to cooperate onmatters of mutual interest.

    o Contributing to the activities related to the subject matters in international and regionalfora.

    o Identifying work in the field of standards, technical regulations and conformityassessment procedures.

    To ensure the effective implementation of the objectives mentioned in this Chapter, the ACJEPseeks to establish a Sub-Committee on Standards, Technical Regulations and Conformity

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    Assessment Procedures. The Sub-Committee shall be composed of representatives of the

    Governments of the Parties which will be co-chaired by an official of the Government of Japan

    and an official of one of the Governments of the ASEAN Member States.

    The Sub-Committee is responsible for the fulfillment of the different forms of cooperationmentioned in Article 46 of this Chapter. The Sub-Committee will spearhead work programs in

    mutually agreed priority areas to facilitate the acceptance of conformity assessment results and

    equivalence of technical regulations, monitor the progress of these programs and report its

    findings to the Joint Committee.