ASEAN Guidelines on Harmonisation of Standards Workshop on ASEAN Common Food Control Requirements 14-15 July 2014, Jakarta, Indonesia 11/24/2018

Standards in the SPS Agreement Article 3: Harmonization To harmonize sanitary and phytosanitary measures on as wide a basis as possible, Members shall base their sanitary or phytosanitary measures on international standards, guidelines or recommendations, where they exist, except as otherwise provided for in this Agreement, and in particular in paragraph 3. Sanitary or phytosanitary measures which conform to international standards, guidelines or recommendations shall be deemed to be necessary to protect human, animal or plant life or health, and presumed to be consistent with the relevant provisions of this Agreement and of GATT 1994. 11/24/2018

Standards in the SPS Agreement 3. Members may introduce or maintain sanitary or phytosanitary measures which result in a higher level of sanitary or phytosanitary protection than would be achieved by measures based on the relevant international standards, guidelines or recommendations, if there is a scientific justification, or as a consequence of the level of sanitary or phytosanitary protection a Member determines to be appropriate in accordance with the relevant provisions of paragraphs 1 through 8 of Article 5. --------( Article 5 – Risk Assessment) 11/24/2018

SPS Definition for Standards International standards, guidelines and recommendations (a) for food safety, the standards, guidelines and recommendations established by the Codex Alimentarius Commission relating to food additives, veterinary drug and pesticide residues, contaminants, methods of analysis and sampling, and codes and guidelines of hygienic practice; 11/24/2018

ATIGA on Food Safety Standards Article 80 adopts definitions of SPS Agreement for International standards, guidelines and recommendations Article 81 Reaffirms SPS Agreements rights & obligations and agrees to be guided by international standards, guidelines and recommendations of Codex 11/24/2018

ASEAN Policy on Standards AEC Blueprint, Article 19 “Harmonise standards, technical regulations and conformity assessment procedures through their alignment with international practices” Chapter 7 ATIGA “AMS to harmonise their national standards with international standards” APGSC reiterates the policy at higher levels & recommends AMS urged to harmonise national standards with international standards, Adoption of international standards as 1st option for new standards Use of international standards in TRs and CAPs (as per TBT Agreement) 4 December 2013

ASEAN Guidelines for Harmonisation of Standards “ASEAN Guidelines for Harmonisation of Standards” have been substantially agreed by WG 1 at its 32nd meeting in May 2014. The ASEAN Guidelines define: The approaches, process, responsibilities and features of harmonised ASEAN Standards. 11/24/2018

Guidelines for Harmonisation of Standards Scope & Priority for Harmonisation: The guidelines provide for standards that referenced in technical regulation and also that are used voluntarily in trade. Higher priority is assigned to harmonisation efforts for standards that are referenced in MRAs and harmonised regulatory regimes as compared to those used voluntarily. 11/24/2018

Guidelines: Harmonisation of Standards Responsibilities for Harmonisation Product Working Groups undertake the identification of the standards to be harmonised and manage the harmonisation process within their sectors. WG 1 keeps an overview and manages the register of harmonised standards. 11/24/2018

Harmonisation of Standards- Identification PWGs may identify standards to be harmonised : The anticipated impact on intra ASEAN trade and trade barrier reduction. The interest of Member States and their stakeholders to establish a harmonised standard. The feasibility of harmonisation - availability of international standards, absence of major differences or other factors 11/24/2018

Harmonisation of Standards -Obligations of AMS Obligations of AMS on harmonised standards that are referenced in MRAs/Harmonised Regulatory Regimes: adopt the harmonised standard as the national standard, or, use harmonised standard directly in its relevant regulations and, take all necessary action to ensure that all competing national standards are withdrawn. 11/24/2018

Harmonisation of Standards-Obligations for AMS Obligations for AMS – Harmonised Standards that are used voluntarily National Standards Bodies of AMS are encouraged to adopt the harmonised standards without modification as the national standard and withdraw competing national standards. 11/24/2018

Identification of standards for harmonisation First Preference: International standard and in its absence; Other non-ASEAN regional or national standards from external non-ASEAN regions or Publicly available standard published by a standards body that has accepted the Code of Good Practice for the Preparation, Adoption and Application of Standards annexed to the WTO/TBT agreement. 11/24/2018

Standards Database Maintenance of Register and Database ACCSQ to appoints ASEAN secretariat establish and maintain an on-line register all ASEAN harmonised standards. Free public access Regular updates To contain all the information on sourcing the standards. 11/24/2018

Periodic Review of Harmonised Standards The subcommittee/working group responsible shall be responsible for reviewing the validity standard on a periodic basis that does not exceed 5 years. 11/24/2018

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