The Governments of Brunei Darussalam, the Kingdom of Cambodia, 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 Countries of the Association of Southeast Asian Nations (hereinafter collectively referred to as “ASEAN” and individually as “a Member Country”);
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 1998 they agreed to accelerate its implementation to the year 2002;
NOTING the Agreement on the Common Effective Preferential Tariff (CEPT) Scheme for the ASEAN Free Trade Area (AFTA) signed on 28 January 1992 and the Protocol to amend the above Agreement signed on 15 December 1995, which provide for cooperation to supplement and complement the liberalization of trade including, among others, the harmonization of standards, reciprocal recognition of test reports and certification of products;
MINDFUL that the Declaration of ASEAN Concord II (Bali Concord II) adopted by the ASEAN Heads of Government during the 9th ASEAN Summit in Bali, Indonesia on 7 October 2003, commits ASEAN to deepen and broaden its internal economic integration and linkages, with the participation of the private sector, so as to realize an ASEAN Economic Community;
MINDFUL that the ASEAN Economic Community shall be the end- goal of ASEAN economic integration as outlined in the ASEAN Vision 2020 and that the ASEAN Economic Community will result in ASEAN becoming a single market and production base, turning the diversity that characterizes the region into opportunities for business complementation and making ASEAN a more dynamic and stronger segment of the global supply chain and the world economy;
REITERATING their commitment to the Agreement on Technical Barriers to Trade (TBT) of the World Trade Organization (WTO), which 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 mandates, among others, the elimination of unnecessary obstacles to trade, including those relating to technical regulations;
RECALLING that the ASEAN Framework Agreement on Mutual Recognition Arrangements was signed on 16 December 1998 and the ASEAN Sectoral Mutual Recognition Arrangement for Electrical and Electronic Equipment was signed on 5 April 2002 to facilitate the elimination of technical barriers to trade and to enhance trade in ASEAN;
HAVING regard to the ASEAN Framework Agreement for the Integration of Priority Sectors; the ASEAN Sectoral Integration Protocol for Electronics and Roadmap for Electronics Integration signed on 29 November 2004 in Vientiane, Lao PDR;
HAVING regard to the ASEAN Policy Guideline on Standards and Conformance endorsed by ASEAN Economic Ministers on 28 September 2005 in Vientiane, Lao PDR;
DESIRING to formulate an agreement to deepen and broaden cooperation in the electrical and electronic sectors so as to contribute to the realization of the ASEAN Economic Community.
HAVE AGREED AS FOLLOWS:
The objectives of the Agreement on the ASEAN Harmonized Electrical and Electronic Equipment Regulatory Regime (hereinafter referred as “the Agreement”) are:
a) To enhance cooperation amongst Member Countries in ensuring the protection of human health and safety and property and the preservation of the environment insofar as they are affected by trade of electrical and electronic equipment in ASEAN;
b) To eliminate restrictions to trade of electrical and electronic equipment through harmonization of technical requirements and registration; and
c) To facilitate the negotiations for Mutual Recognition Agreements on Conformity Assessment between ASEAN and other countries or group of countries (blocs.)
DEFINITION AND SCOPE OF
ELECTRICAL AND ELECTRONIC EQUIPMENT (EEE)
1. This Agreement applies to all instances where a Member Country carries out regulatory action in respect of Electrical and Electronic Equipment (EEE).
2. For the purpose of this Agreement, EEE means all new electrical and electronic equipment that are intended to be either directly connected or plugged-in to the low voltage power supply or is battery powered, but does not include any equipment covered by the ASEAN Sectoral Arrangement on Conformity Assessment of Telecommunication Equipment and does not apply to medical equipment.
DOCUMENTS FOR EEE
The following Appendices are an integral part of this Agreement:
(i) Terminology (Appendix A).
(ii) ASEAN Essential Requirements for EEE (Appendix B).
(iii) ASEAN Harmonized Conformity Assessment Procedures for EEE (Appendix C).
(iv) Technical Files (Appendix D).
A. Member Countries with existing EEE Regulatory Regime
1. This Agreement requires Member Country with an existing EEE regulatory regime to undertake all necessary measures to fully implement this Agreement including all the Appendices listed in Article 3 not later than 31st December 2010, including:
a) Enacting any necessary laws and/or technical regulations and administrative provisions; and
b) Developing any necessary technical infrastructure in place to implement this Agreement including effective market surveillance systems and/or relevant product liability requirements.
2. Member Country shall submit to the Joint Sectoral Committee for Electrical and Electronic Equipment (hereinafter called “JSC EEE”) through the ASEAN Secretariat, the draft text of the new laws and/or technical regulations and administrative provisions constituting their EEE regulatory regime for comments by the JSC EEE within 6 (six) months prior to the entry into force of the new laws and/or technical regulations and administrative provisions. Member Countries shall also allow at least 6 (six) months interval between the publication of the new laws and/or technical regulations and administrative provisions and their entry into force in order to allow time for producers in exporting Member Countries to adapt their products or methods of production to the new requirements.
B. Member Countries without EEE Regulatory Regime
3. This Agreement does not oblige Member Countries that do not have an EEE regulatory regime to develop one.
4. Where a Member Country decides to develop an EEE regulatory regime, it shall comply with this Agreement including all Appendices listed in Article 3. In such cases, it shall submit to the JSC EEE, through the ASEAN Secretariat, the draft text of the laws, technical regulations and administrative provisions constituting its EEE regulatory regime for comments by the JSC EEE within 6 (six) months prior to the entry into force of the new regulatory regime. Member Countries shall also allow an interval of at least 6 (six) months between the publication of the new regulatory regime and its entry into force in order to allow time for producers in exporting Member Countries to adapt their products or methods of production to the new requirements.
OTHER MATTERS PERTAINING TO IMPLEMENTATION
1. Member Countries shall undertake all necessary measures to ensure that only EEE which comply with the Appendix B (ASEAN Essential Requirements) and are registered with the relevant Regulatory Authority and if required, bear the relevant Conformity Mark and/or registration mark may be allowed to be placed in the ASEAN regulated market.
2. The supplier responsible for placing the EEE in the market shall ensure that their products comply with Appendix B (ASEAN Essential Requirements), are registered with the relevant Regulatory Authority in Member Countries and if required, bear the relevant Conformity Mark and/or registration mark.
3. The ASEAN Conformity Mark when introduced may be affixed on the EEE to demonstrate that it complies with Appendix B (ASEAN Essential Requirements).
COMPLIANCE WITH ESSENTIAL REQUIREMENTS
1. An EEE placed in the market or put into service must comply with Appendix B (ASEAN Essential Requirements). Member Countries shall provide that non compliance with Appendix B shall amount to non- compliance with the relevant Member Countries’ laws, and/or technical regulations and administrative provisions.
2. The JSC EEE shall identify and reach consensus on the list of the relevant international standards to be used to demonstrate the compliance of an EEE to the ASEAN Essential Requirements as stated in Appendix B (ASEAN Essential Requirements). In the absence of international standards, relevant regional or national standards shall be used in that respective order. If necessary, the JSC EEE may supplement the listed standards with mutually agreed harmonized regulatory requirements. If different editions of international standards are being used in ASEAN Member Countries, or more than one standard can be applied for a specific EEE, the JSC EEE may consider listing more than one standard for such an EEE. The ASEAN Secretariat shall maintain the list of relevant standards and harmonized regulatory requirements.
3. For the purpose of mutual acceptance of the test reports and/or certifications to facilitate intra ASEAN trade, the Conformity Assessment Bodies (CABs) listed by the JSC EE MRA (to be replaced by the JSC EEE as provided for in Article 12 (4) of this Agreement) shall attest an EEE for compliance in accordance with the listed standards and harmonized regulatory requirements as mentioned in paragraph 2 above.
The Regulatory Authority of participating Member Countries shall complete the registration not later than five working days or seven calendar days, whichever is longer, after the submission of the Certificate of Conformity (CoC) and compliance with administrative requirements by the supplier if applicable, so as to avoid unnecessary burdens once a regulated EEE has complied with the Appendix B (ASEAN Essential Requirements).
1. The supplier responsible for placing the EEE in the market shall in accordance with Appendix D provide and keep the technical files readily accessible to the Regulatory Authority of the Member Country concerned.
2. The supplier shall keep the technical files of the EEE for not less than 10 years after the last EEE has left the production line.
3. The Listed CABs in each Member Country shall also keep the technical file of a regulated EEE which is tested and certified by them in compliance with Appendix B (ASEAN Essential Requirements) for not less than 6 years after the expiry date of the Certificate of Conformity (CoC).
RIGHTS OF REGULATORY AUTHORITY
1. Nothing in this Agreement shall prevent the Regulatory Authority in a Member Country from taking all appropriate and immediate measures within its territory whenever it ascertains that the registered EEE may represent a hazard to human health, safety, environment and property or otherwise fail to satisfy the requirements of this Agreement.
2. The Regulatory Authority of the Member Country concerned shall immediately inform the relevant Regulatory Authorities in other Member Countries and the ASEAN Secretariat, of any such measure(s), indicating the reasons for its decision in any of the following circumstances:
a) Failure to satisfy the Appendix B (ASEAN Essential Requirements);
b) Incorrect application of the listed standards;
c) Shortcomings in the listed standards; and
d) Occurrence of accidents involving the registered EEE.
OTHER AREAS OF COOPERATION
Member Countries shall strengthen and enhance existing cooperation efforts in EEE and cooperate in areas that are not covered by existing cooperation arrangements, which may include but are not limited to the following:
a) Establishing or improving EEE related infrastructural facilities; and
b) Encouraging and promoting cooperation pertaining to:
(i) Marking and product registration of EEE;
(ii) Testing and certification of EEE and accreditation and designation of CABs; and
(iii) The sharing of safety alert of EEE as appropriate.
Any dispute between Member Countries regarding the interpretation or implementation of this Agreement including its Appendices shall be settled amicably by consultations between the disputing Member Countries. The JSC EEE may, as appropriate, and if the disputing Member Countries agree, assist in such consultations. If the dispute cannot be so resolved, it shall be resolved according to the Protocol on Enhanced ASEAN Dispute Settlement Mechanism signed on 29 November 2004 in Vientiane, Lao PDR.
1. The JSC EEE shall be responsible for the effective functioning of this Agreement, which may include, but is not limited to, coordinating, reviewing and monitoring the implementation of this Agreement, including its Appendices.
2. The JSC EEE, in the performance of its functions, shall make its decisions and adopt its own rules and procedures by consensus only.
3. The JSC EEE may establish or consult any body or bodies for the purpose of receiving advice on any matter of a scientific or technical nature in the field of EEE.
4. The JSC EEE will also take over the role of the JSC EE MRA in the listing, suspension, removal and verification of Testing Laboratories and/or Certification Bodies in accordance with this Agreement and the ASEAN Sectoral Mutual Recognition Arrangement for Electrical and Electronic Equipment.
5. The ASEAN Consultative Committee for Standards and Quality (ACCSQ) and the ASEAN Secretariat shall provide support to the JSC EEE in coordinating and monitoring the implementation of this Agreement including its Appendices and shall assist the JSC EEE in all matters relating thereto.
1. This Agreement shall enter into force on the deposit of the instruments of the ratification or acceptance by all signatory Governments with the Secretary General of ASEAN.
2. The provisions of this Agreement may be amended by written agreement of all Member Countries. All amendments shall enter into force on the date of such agreement.
3. This Agreement shall be deposited with the Secretary-General of ASEAN, who shall promptly furnish a certified copy thereof to each Member Country.
IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective Governments, have signed this Agreement on the ASEAN Harmonized EEE Regulatory Regime.
DONE at Kuala Lumpur, Malaysia, this Ninth Day of December in the Year Two Thousand and Five, in a single copy in the English language.
For the Government of Brunei Darussalam:
LIM JOCK SENG
Second Minister of Foreign Affairs and Trade
For the Royal Government Cambodia:
Senior Minister and Minister of Commerce
For the Government of the Republic of Indonesia:
MARI ELKA PANGESTU
Minister of Trade
For the Government of the Lao People’s Democratic Republic:
Minister of Commerce
For the Government of Malaysia:
Minister of International Trade and Industry
For the Government of the Union of Myanmar:
Minister for National Planning and Economic Development
For the Government of the Republic of the Philippines:
PETER B. FAVILA
Secretary of Trade and Industry
For the Government of the Republic of Singapore:
LIM HNG KIANG
Minister for Trade and Industry
For the Government of Thailand:
Deputy Prime Minister & Minister of Commerce
For the Government of the Socialist Republic of Viet Nam:
TRUONG DINH TUYEN
Minister of Trade