The Governments of Brunei Darussalam, the Kingdom of Cambodia, the Republic of Indonesia, 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 Viet Nam, Member States of the Association of Southeast Asian Nations (hereinafter referred to as “Contracting Parties”);

RECALLING the ASEAN Framework Agreement on the Facilitation of Goods in Transit signed on 16 December 1998 in Ha Noi, Viet Nam (hereinafter referred to as “the Agreement”);

RECOGNISING that Articles 19, 22 and 25 thereof provide for the conclusion of implementing Protocols which shall form integral parts of the Agreement;

RECALLING further the Ha Noi Plan of Action which was adopted by the Heads of State/Government of ASEAN at the Sixth ASEAN Summit in Ha Noi, Viet Nam on 15-16 December 1998 stipulates to operationalise the Agreement by the year 2000;

DESIRING to encourage and facilitate inter-state and transit transport operations among the Contracting Parties;

REITERATING that the conclusion of this Protocol shall provide for the efficient and effective arrangement for transit trade among the Contracting Parties;


NOW, WHEREFORE
, the Contracting Parties have agreed as follows:


Article 1
Definitions

  1. For the purpose of this Protocol:

a) “Goods” mean:

  • any plant, plant product or any other object or material capable of harbouring or spreading plant pests;

  • any animal, including aquatic animal, animal product or any other object or material capable of harbouring or spreading animal diseases and zoonoses; and

  • foods, beverages and feedstuffs capable of containing additives, contaminants, toxins or disease-causing organisms harmful to human or animal life or health,

other than those goods which are prohibited or restricted for movement in the territories of a Contracting Party as specified under any of the other Protocols of the ASEAN Framework Agreement on the Facilitation of Goods in Transit.

b) “Sanitary and Phytosanitary measures” mean any measures applied:

  • to protect animal or plant life or health within the territory of the Contracting Party from risks arising from the entry, establishment or spread of pests, diseases, disease-carrying organisms or disease-causing organisms;

  • to protect human or animal life or health within the territory of the Contracting Party from risks arising from additives, contaminants, toxins or disease-causing organisms in foods, beverages or feedstuffs;

  • to protect human life or health within the territory of the Contracting Party from risks arising from diseases carried by animals, plants or products thereof, or from the entry, establishment or spread of pests; or

  • to prevent or limit other damage within the territory of the Contracting Party from the entry, establishment or spread of pests.

Sanitary or phytosanitary measures include all relevant laws, decrees, regulations, requirements and procedures including, inter alia, end product criteria; processes and production methods; testing, inspection, certification and approval procedures; quarantine treatments including relevant requirements associated with the transport of animals or plants, or with the materials necessary for their survival during transport; provisions on relevant statistical methods, sampling procedures and methods of risk assessment; and packaging and labeling requirements directly related to food safety.


Article 2
Scope of Application

  1. The provisions of this Protocol apply to the transit of goods in the territories of the Contracting Parties, particularly where transit among ASEAN Member States which are parties to this Protocol is involved.


Article 3
Obligations

  1. Pursuant to Article 19 of the Agreement, the Contracting Parties hereby agree that the laws, regulations, and procedures for the transit of goods in their respective territories shall be listed in the Annex to this Protocol. In the enforcement of their SPS measures, the Contracting Parties agree to be guided, where possible, by relevant standards, guidelines and recommendations developed by international and regional organizations such as the Codex Alimentarius Commission, the International Office of Epizootics, the International Plant Protection Convention (IPPC) and ASEAN.

  2. The Contracting Parties hereby agree to ensure that their national sanitary and phytosanitary laws, regulations and procedures for the transit of goods in their respective territories are readily available to any interested Party. The list of national sanitary and phytosanitary laws, regulations and procedures of Contracting Parties governing the transit of particular goods in their respective territories as established under Article 3(1) is annexed to this Protocol, which is an integral part of this Protocol.

  3. Each Contracting Party shall notify the ASEAN Secretariat of any change to its national sanitary and phytosanitary laws, regulations and procedures in the Annex for dissemination by the ASEAN Secretariat to all other Contracting Parties.

  4. The Contracting Parties further agree to mutually consult with each other to establish bilateral, multilateral or ASEAN sanitary and phytosanitary arrangements and inspection procedures to facilitate the transit of particular goods via their territories where national sanitary and phytosanitary laws, regulations and procedures on the transit of such particular goods in their respective territories have not yet been established.


Article 4
Emergency Measures

  1. Notwithstanding the obligations of the Contracting Parties contained in this Protocol, each Contracting Party may in the case of disease and pest outbreaks, take and implement appropriate emergency measures to protect the life and health of persons, animals, or plants in their territory, and the Contracting Party implementing the measures shall immediately notify relevant Contracting Parties and the ASEAN Secretariat, of the particular measures and the products covered.

Article 5
Institutional Arrangements

  1. The ASEAN Senior Officials Meeting of the ASEAN Ministers on Agriculture and Forestry (SOM-AMAF) shall be the responsible body for the monitoring, review, coordination and supervision of all aspects relating to the effective implementation of this Protocol.

  2. The SOM-AMAF shall submit, through the ASEAN Secretariat, regular reports of the progress of implementation of this Protocol to the Transit Transport Coordinating Board, for further action.

  3. The ASEAN Secretariat shall provide the necessary technical support and assistance to SOM-AMAF in its functions and responsibilities under this Protocol.


Article 6
Final Provisions

  1. This Protocol shall be deposited with the Secretary – General of ASEAN who shall promptly furnish a certified copy thereof to each Contracting Party.

  2. This Protocol shall supplement the ASEAN Framework Agreement on the Facilitation of Goods in Transit signed on 16 December 1998 in Ha Noi, Viet Nam and, as between the Contracting Parties to this Protocol, the Agreement and this Protocol shall be read and interpreted together as one single instrument.

  3. This Protocol is subject to ratification or acceptance by the Contracting Parties. The Instrument of Ratification or Acceptance shall be deposited with the Secretary – General of ASEAN who shall promptly inform each Contracting Party of such deposit.

  4. This Protocol shall enter into force upon the deposit of Instruments of Ratification or Acceptance by all Contracting Parties with the Secretary – General of ASEAN.

  5. Any amendment to the provision of this Protocol shall be effected by consent of all the Contracting Parties.


IN WITNESS WHEREOF
, the undersigned, being duly authorized to sign by their respective Governments, have signed this Protocol No. 8 on Sanitary and Phytosanitary Measures to Implement the ASEAN Framework Agreement on the Facilitation of Goods in Transit.

DONE at Phnom Penh on this 27th day of October 2000 in a single copy in the English language.