Strengthened notification of draft measures or actions which may directly or indirectly nullify or impair any benefit to other ASEAN Member States (AMS), or impede the attainment of any objective in accordance with Article 11 of the ASEAN Trade in Goods Agreement (ATIGA) and the Guidelines for the Implementation of ASEAN Commitments on Non-Tariff Measures on Goods (NTM Guidelines) has been set as one of the 2021 Priorities related to Trade in Goods of the ASEAN Economic Community (AEC). It also forms part of a holistic approach to addressing unnecessary NTMs, which is one component of the Broad Strategy 3 (Maximising the Potential of Intra-ASEAN Market and Broader Economic Integration) under the Implementation Plan of ASEAN Comprehensive Recovery Framework (ACRF).

As required by paragraphs 1 and 3 of Article 11 of the ATIGA:

1. Unless otherwise provided in this Agreement, Member States shall notify any action or measure that they intend to take:
(a) which may nullify or impair any benefit to the other Member States, directly or indirectly under this Agreement; or
(b) when the action or measure may impede the attainment of any objective of this Agreement.

3. A Member State shall make a notification to Senior Economic Officials Meeting (SEOM) and the ASEAN Secretariat before effecting such action or measure referred to in paragraph 1 of this Article as attached. Unless otherwise provided in this Agreement, notification shall be made at least sixty (60) days before such action or measure is to take effect. A Member State proposing to apply an action or measure shall provide adequate opportunity for prior discussion with those Member States having an interest in the action or measure concerned.

In addition, paragraph 21 of the NTM Guidelines also requires the ASEAN Member States to extend their respective World Trade Organisation (WTO) notifications to the SEOM through the ASEAN Secretariat. The ASEAN Secretariat shall provide copies of the notifications to the ASEAN Trade Facilitation Joint Consultative Committee (ATF-JCC) and the Coordinating Committee on the Implementation of the ATIGA (CCA) for information and reference, and to the relevant ASEAN bodies for appropriate actions.”

For the purpose of ease of reference, all WTO notifications which are provided by AMS to the ASEAN Secretariat will be uploaded to this page. For further information, please contact afta@asean.org. Any comments to the draft NTMs within the dates permitted, it is advised to provide directly to the focal points provided below, with copies to SEOM, ATFJCC, CCA, and the ASEAN Secretariat.

 

Notified more than 60 days as required by Article 11 of the ATIGA

2021


February

  1. Singapore – Environmental Protection and Management Act (Amendment of Second Schedule) Order 2021 (G/TBT/N/SGP/57).

March

  1. Singapore – Draft Public Utilities (Water Supply) (Amendment) Regulations 2021 (G/TBT/N/SGP/58).
  2. The Philippines – Implementing Guidelines of the Philippine Energy Labeling Program for Refrigerating Appliances (G/TBT/N/PHL/248).
  3. Indonesia – Notification on Safeguards on Finding a Serious Injury or Threat Thereof Caused by Increased Imports – Articles of Apparel and Clothing Accessories (G/SG/N/8/IDN/28 and G/SG/N/10/IDN/28).
  4. Indonesia – Draft Decree of Minister of Industry on Mandatory Implementation of Indonesian National Standard for Ampoules and Vials Made of Glass for Injection (G/TBT/N/IDN/129).
  5. Indonesia – Draft Decree of Minister of Industry on Mandatory Implementation of Indonesian National Standard for Thermal Insulation Materials, Sound Absorption and Fire Resistant Made of Mineral Wool (G/TBT/N/IDN/130).
  6. Indonesia – Draft of Government Regulation Number of Regarding Implementation of Halal Product Assurance (G/TBT/N/IDN/131).
  7. Indonesia – Final Revision Draft of the Decree of Minister of Marine Affairs and Fisheries of The Republic of Indonesia concerning Designation of Kinds of Quarantine Fish Disease, Categories, and Carrier (G/SPS/N/IDN/139).
  8. Thailand – Draft Ministerial Regulation on Synthetic Dyestuffs: Direct Dye (TIS 739-25XX(20XX)) (G/TBT/N/THA/590).
  9. Thailand – Draft Ministerial Regulation on Synthetic Dyestuffs: Reactive Dye (TIS 740-25XX(20XX)) (G/TBT/N/THA/591).
  10. Thailand – Draft Ministerial Regulation on Synthetic Dyestuffs: Vat Dye (TIS 760-25XX(20XX)) (G/TBT/N/THA/592).
  11. Thailand – Draft Ministerial Regulation on Synthetic Dyestuffs: Sulphur Dye (TIS 2344-25XX(20XX)) (G/TBT/N/THA/593).
  12. Thailand – Draft Ministerial Regulation on Synthetic Dyestuffs: Acid Dye (TIS 2532-25XX(20XX)) (G/TBT/N/THA/594).
  13. Thailand – Draft Ministerial Regulation on Single-use medical examination gloves – Part 1: Specification for gloves made from rubber latex or rubber solution (TIS 1056-1:2556(2013)) (G/TBT/N/THA/597).
  14. Thailand – Draft Ministerial Regulation on Playground equipment for public use – Part 1: Additional specific safety requirements and test method for Swings (TIS 3000-1:2562(2019)) (G/TBT/N/THA/598).
  15. Thailand – Draft Ministerial Regulation on Playground equipment for public use – Part 2: Additional specific safety requirements and test method for Slides (TIS 3000-2:2562(2019)) (G/TBT/N/THA/599).
  16. Thailand – Draft Ministerial Regulation on Playground equipment for public use – Part 3: Carousels (TIS 3000-
    3:2563(2020)) (G/TBT/N/THA/600).
  17. Thailand – Draft Ministerial Regulation on Playground equipment for public use – Part 4: Rocking equipment (TIS 3000-4:2563(2020)) (G/TBT/N/THA/601).
  18. Thailand – Draft Ministerial Regulation on Drinking Water Coolers: Safety Requirements (TIS 2461:2552(2009)) (G/TBT/N/THA/602).
  19. Thailand – Draft Ministerial Regulation on Single-use hygienic face masks (TIS 2424:2562(2019)) (G/TBT/N/THA/603).

April 2021

  1. Singapore – Draft Food (Amendment) Regulations 2021 (G/TBT/N/SGP/59).
  2. Singapore – Annex – Draft Public Utilities (Water Supply) (Amendment) Regulations 2021 (G/TBT/N/SGP/60).

 

Notified less than 60 days as required by Article 11 of the ATIGA (Including the SPS emergency measures)

2021


January

  1. The Philippines -Preliminary Determination of the Safeguard Measures Case on the Importation of Motor Vehicles from Various Countries (Safeguard Measures Case no. SG01-2020).
  2. Thailand – The DLD order on temporary suspension of importation of live poultry and poultry carcasses from Viet Nam to prevent the spread of Highly Pathogenic Avian Influenza (G/SPS/N/THA/361) – emergency measures.
  3. Thailand – The DLD order on temporary suspension of importation of live poultry and poultry carcasses from Indonesia to prevent the spread of Highly Pathogenic Avian Influenza (G/SPS/N/THA/362) – emergency measures.
  4. Thailand – The DLD order on temporary suspension of importation of live domestic pigs and wild pigs and their carcasses from the Lao People’s Democratic Republic to prevent the spread of African Swine Fever. (G/SPS/N/THA/367) – emergency measures
  5. Thailand – The DLD order on temporary suspension of importation of bovine and buffalo and their products under Animal Epidemics Act B.E. 2558 (2015). (G/SPS/N/THA/370) – emergency measures

February

  1. Thailand – The DLD order on temporary suspension of importation of live domestic pigs and wild pigs and their carcasses from Viet Nam to prevent the spread of African Swine Fever. (G/SPS/N/THA/376) – emergency measures
  2. Thailand – The DLD order on temporary suspension of importation of live domestic pigs and wild pigs and their carcasses from Indonesia to prevent the spread of African Swine Fever. (G/SPS/N/THA/377) – emergency measures
  3. Thailand – The DLD order on temporary suspension of importation of live domestic pigs and wild pigs and their carcasses from the Philippines to prevent the spread of African Swine Fever. (G/SPS/N/THA/378) – emergency measures
  4. Thailand – The DLD order on temporary suspension of importation of live domestic pigs and wild pigs and their carcasses from Myanmar to prevent the spread of African Swine Fever. (G/SPS/N/THA/379) – emergency measures