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Interpretative Notes to The ASEAN Framework Agremeent on Mutual Recognition Arrangements

Home ❭ Interpretative Notes to The ASEAN Framework Agremeent on Mutual Recognition Arrangements
Home ❭ Statements ❭ Interpretative Notes to The ASEAN Framework Agremeent on Mutual Recognition Arrangements

Interpretative Notes to The ASEAN Framework Agremeent on Mutual Recognition Arrangements

6. ASEANFlagWeb_default
Framework Agreement on MRAInterpretative Notes  
ARTICLE 1

DEFINITIONS    


1. General terms concerning conformity assessment used in this Framework Agreement and the Sectoral MRAs shall have the meaning given in the definitions contained in the Guide 2 (1996 edition) of the International Organization for Standardization (ISO) and International Electrotechnical Commission (IEC) with the exception of the following terms which shall contain definitions herein:
 
“Conformity Assessment” means systematic examination to determine the extent to which a product, process or service fulfills specified requirements;  

“Conformity Assessment Body” means a body whose activities and expertise include performance of all or any stage of the conformity assessment process except for accreditation;

  “Regulatory Authority” means an entity that exercises a legal right to control the import, use or sale of products within a Member State’s jurisdiction and may take enforcement action to ensure that products marketed within its jurisdiction comply with legal requirements

  2.  In addition, the following terms and definitions shall apply to this Framework Agreement and the Sectoral MRAs:

  “Designation” means the authorisation by a Designating Body of a Conformity Assessment Body to perform conformity assessment activities as specified under this Framework Agreement and the relevant Sectoral MRAs;  

“Designating Body” means a body appointed by a Member State to a Sectoral MRA, with responsibility to identify and monitor Conformity Assessment Bodies as specified under this Framework Agreement and the relevant Sectoral MRAs.  		Article 1 (1)  

1) Mutual Recognition Arrangements (MRAs) are arrangements between two or more parties to mutually recognise or accept some or all aspects of one another’s conformity assessment results (e.g. test reports and certificates of compliance).

  2) Member States shall consider possible amendments to this Agreement  as a result of any revisions to the ISO/IEC Guide 2 (1996 edition). Any amendments would be made in compliance with the provisions of Article 18.

  3) Member States to an agreement/arrangement are the signatories to that agreement/arrangement.  
ARTICLE 2

OBJECTIVES

The objectives of this Framework Agreement are:
  a) to stipulate the general principles for developing Sectoral MRAs amongst Member States and other related cooperative activities to facilitate elimination of technical barriers to trade within ASEAN; and

  b)  to stipulate the general conditions under which each Member State to a Sectoral MRA shall accept or recognize results of conformity assessment procedures, produced by the Conformity Assessment Bodies of the other Member States to the Sectoral MRA in question in assessing conformity to the requirements, as specified in the Sectoral MRA.  		Article 2  

1) All sectors identified for conclusion of MRAs should be guided by the provisions of this Framework Agreement.    
ARTICLE 3
GENERAL PROVISIONS  

1. Member States to the Sectoral MRAs shall accept or recognize the conformity assessment results, which have been issued in accordance with the provisions in the Sectoral MRAs, by the listed Conformity Assessment Bodies of other Member States to the Sectoral MRAs.  		 
2. Where sectoral transition arrangements have been specified in the Sectoral MRAs, the above obligations shall apply following the successful completion of those transition arrangements.Article 3 (2)  

1) The transition arrangements and period, if any, shall be determined by  the participating Member States concerned for each sectoral MRA. It is recommended that this period be less than two years.  
3. Member States to the Sectoral MRAs shall ensure that the Designating Bodies specified in the Sectoral MRAs have the power and competence in their respective territories to carry out decisions required of them under this Framework Agreement and the relevant Sectoral MRAs.    Article 3(3)  

1) Where Designating Bodies do not have the required technical competence, Member States must ensure that Designating Bodies have access to such competence.  This could, for example, involve a government authority appointed as a Designating Body having an arrangement with an accreditation body.  
4. Member States to the Sectoral MRAs shall ensure that the Conformity Assessment Bodies listed in the Sectoral MRAs fulfill the conditions of eligibility to assess conformity in relation to requirements as specified in the Sectoral MRAs, and shall observe the procedures set out in Article 6 of this Framework Agreement.  Article 3(4)  

1) Only Conformity Assessment Bodies that meet the criteria in Article 6 Clause 1 may be listed.    
5. Member States shall strengthen and enhance existing cooperation efforts in confidence building and develop cooperation in areas that are not covered by existing cooperation arrangements, through inter alia:

a. harmonization of standards with relevant international standards, particularly those relevant to the Sectoral MRAs;		Article 3 (5a)  

1)  Harmonization of standards with relevant international standards should be based on ISO/IEC Guide 21 and  APEC’s definition on “alignment with international standards”, which is to adopt international standards as national  standards with:

– as few technical deviations as possible, taking into account the specific conditions and needs of each Member State;

– deviations clearly identified; and

– a general explanation of the deviations with their reasons provided.

 2) The ASEAN Consultative Committee for Standards and Quality (ACCSQ) will complete harmonisation of standards in 20 priority product groups by the year 2000.  Standards relevant to product sectors for which ASEAN MRAs are to be developed should be harmonised where possible.    
b. establishing or improving of infrastructure in calibration, testing, certification and accreditation to meet relevant international requirements;Article 3 (5b)

1) Having access to systems that meet international requirements is essential for participation in Sectoral MRAs.  Cooperation efforts among ASEAN Member States in the fields of calibration, testing and accreditation are expected to help build up such capabilities.    
c. actively participating in relevant arrangements undertaken by specialist regional and international bodies;    Article 3 (5c)  

1) Member States shall participate actively in arrangements undertaken by regional and international bodies such as Asia-Pacific Metrology Programme (APMP), Asia Pacific Laboratory Accreditation Cooperation (APLAC), Pacific Accreditation Cooperation (PAC), International Bureau of Weights and Measures (BIPM), International Laboratory Accreditation Co-operation (ILAC),  International Accreditation Forum (IAF), the Asia Pacific Legal Metrology Forum (APLMF) and the International Organisation of Legal Metrology (OIML).    
d. effectively using the existing MRAs developed by regional and international bodies which majority of ASEAN Member States are parties to;    Article 3 (5d)  

1) Member States shall  effectively use the existing  MRAs developed by regional and international bodies such as Asia Pacific Economic Co-operation (APEC);  
e. research and development; and
f.  exchange of information and training  		 
6. Member States shall identify sectors for developing MRAs based on the following criteria:  

a) with special focus on but not limited to the list of 20 priority product groups identified for harmonization of standards;

b) the volume of intra-ASEAN trade affected;
 
c) the existence and extent of technical barriers to trade;  

d)  the readiness of technical infrastructure in the majority of Member States, which shall include the existence of Conformity Assessment Bodies that satisfy the procedures and criteria stated in Article 6, clause 1; and

e) the interest of the majority of Member States.      		Article 3 (6)

1) All the criteria should be considered before developing an MRA for a particular sector.  

2) The identification of sectors for MRAs should be a continuing process.   The preparatory stages of Sectoral MRAs include the identification of appropriate sectors, consultation with relevant regulatory bodies and reaching an agreement among Member States.  

3)Statistics on the volume of intra-ASEAN trade affected should be considered.  

4) Technical barriers to trade experienced by Member States should be considered.  

(5)Member States should be requested to formally indicate their interest in developing an MRA in a particular sector.  

6) The majority of Member States means that  more than half of the existing Members of ASEAN.    
7. All Sectoral MRAs are intended to be multilateral agreements in which all Member States are encouraged to participate. However, taking cognizance of paragraph 3 of Article I of the Framework Agreement on Enhancing ASEAN Economic Cooperation signed on 28 January 1992 in Singapore, two or more Member States may proceed first if other Member States are not ready to participate in the Sectoral MRAs.    Article 3 (7)

(1)All Member States and their regulatory bodies are encouraged to participate in the development of  MRAs for the sector identified in accordance with Article 6.  The Sectoral MRAs may become effective through the participation of two or more Member States.  All Member States are encouraged to but need not necessarily sign onto all the Sectoral MRAs, depending on the sector, need and readiness of the Member Countries concerned.    
  8. All documents issued for the purpose of information exchange, verification, provision of evidence and other activities arising from obligations of both the Framework Agreement and Sectoral MRAs, if not in English, shall be accompanied by certified translated copies in English.   
ARTICLE 4
ELEMENTS OF SECTORAL MRA  

1. A Sectoral MRA shall include:

a) scope and coverage with respect to products;

b) a list of the relevant legislative, regulatory and administrative provisions pertaining to the conformity assessment procedures and technical regulations for the specified products and provisions to update other Member States to the Sectoral MRA on changes;  

c) a list of Designating Bodies;

d) the procedures and criteria for listing Conformity Assessment Bodies;

e) the current list of agreed Conformity Assessment Bodies and a statement of the scope of the conformity assessment and relevant procedures for which each has been accepted;

f) a description of the mutual recognition obligations;

g) a sectoral transition arrangement that provides for a specified time period where Member States to a Sectoral MRA require time to implement legislative or regulatory changes to effect the Sectoral MRA;

h) a list of contact points, who shall not be members of the relevant Joint Sectoral Committee;

i) provisions for the establishment of a Joint Sectoral Committee; and

j) additional provisions as required.  		Article 4 (1)

(1)The scope and coverage of the product(s) should be clearly specified. It is recommended that the World Customs Organization’s (WCO) Harmonized System (HS 96)  be used when applicable.  

2) The list  should cover all importing requirements with regard to standards and conformity assessment.  The full text of the information should not be included .  The list should be contained in an appendix to facilitate future changes and should cover all Participating Member States.

(3) The  contact details of the Designating Bodies should include the contact person, name of ecognizedn, address, telephone and fax numbers, and e-mail address. All information will be disseminated to Participating Member States.

4) The procedures and criteria should be based on the provisions of Article 6 and additional requirements, if applicable, should be specified.

5) The names and scope of Conformity Assessment Bodies identified according to paragraph d) above with details as required by Article 6, for each participating Member State should be provided, maintained, included as appendix and updated.

6) The transition arrangements if any, should include the following:
I) Duration of the transition period ;

ii) Purpose of the transition period;

iii) Obligations during the transition period;

iv) Any cooperation, if necessary;

v) Inspections or audits if applicable; and

vi) How to determine the successful completion of the transition period.    
2. The Sectoral MRAs may include a statement or arrangement related to mutual acceptance of the standards or technical regulations or mutual recognition of the equivalence of such standards or technical regulations.    Article 4 (2)

1) This provision allows Member States to consider possibility of conclusion of MRAs beyond  the conformity assessment activities, if standards or regulations for that particular sector are technically equivalent.    
ARTICLE 5
JOINT SECTORAL COMMITTEE

1. For each Sectoral MRA, a Joint Sectoral Committee shall be established, which shall be responsible for the effective functioning of that Sectoral MRA. The Joint Sectoral Committee shall comprise one official representative designated by each Member State to the Sectoral MRA. The representative shall not be from a Conformity Assessment Body.    		Article 5 (1)

1) Each Member State shall designate one official representative or member to the Joint Sectoral Committee (JSC). The JSC Member may be accompanied by other delegates to the meeting  as and when they consider necessary.

2)   Sectoral MRAs may contain appropriate rules and procedures for the Joint Sectoral Committee, including the Chairmanship of the Joint Sectoral Committee.
2. The Joint Sectoral Committee may consider any matter and take appropriate actions relating to the effective functioning of the Sectoral MRA. In particular it shall be responsible for:

a. listing, suspension, withdrawal, removal, reinstating and verification of Conformity Assessment Bodies in accordance with the Sectoral MRA;

b. amending transition arrangements in the Sectoral MRA;

c. providing a forum for discussion of issues that may arise concerning the implementation of the Sectoral MRA; and

d. considering ways to enhance the operation of the Sectoral MRA.  

 
3. The Joint Sectoral Committee shall take its decisions by consensus.    Article 5(3)

1) “Consensus” means “no objection” and that “abstention” referred in Article 6 para 3a and Article 8 para c,  shall not be taken to count as a vote.    
ARTICLE 6
LISTING OF CONFORMITY ASSESSMENT BODIES

The following procedures shall apply with regard to the listing of Conformity Assessment Bodies in a Sectoral MRA:

1. Each Designating Body specified in a Sectoral MRA shall identify Conformity Assessment Bodies for listing, in accordance with the procedures and criteria set forth in that Sectoral MRA and shall apply one of the following ways to demonstrate technical competence of the Conformity Assessment Bodies:

a. accreditation by an accreditation body that is a signatory to a regional or international MRA, which is conducted in conformance with the relevant ISO/IEC Guides; or

b. participation in regional/international mutual recognition arrangements for testing and certification bodies, which are conducted in conformance with the relevant ISO/IEC Guides; or

c. regular peer evaluations, which are conducted in conformance with the relevant ISO/IEC Guides.  
Article 6 (1)

1) Only conformity assessment bodies that satisfy (a), (b) or (c) shall be listed.  Accreditation in the relevant scope by an Accreditation Body which is a signatory to, but not limited to the APLAC, ILAC, PAC or IAF multilateral MRAs should be deemed to satisfy Article 6 Clause 1 for test laboratories and system certification bodies respectively.

2) The IEC Certification Body Scheme is an example of MRA that meet the requirements of Article 6 para 1b.  
2. The Designating Body shall ensure that identified Conformity Assessment Bodies have adequate knowledge of the applicable technical regulations.    Article 6(2)

1)Designating Bodies shall only designate Conformity Assessment Bodies which have demonstrated that they understand, have experience relevant to, and are competent to satisfy the conformity assessment requirements and  the legislative, regulatory and administrative requirements of the other Participating Member States for which they are designated.    
3. All Designating Bodies relevant to the Sectoral MRAs shall forward in writing required details of all Conformity Assessment Bodies that they identified, to the relevant Joint Sectoral Committee and the ASEAN Secretariat for the Committee members’ confirmation or opposition.      Article 6(3)

1) Designating Bodies shall provide the following details in respect of each Conformity Assessment Body being designated:

i) Full name
ii) Contact Address, including telephone, facsimile number as well as email address if available;
iii) The range of products, processes, standards or services it is ecognized to assess;
iv) The conformity assessment procedures it is ecognized to carry out; and
v) The designation criteria used to determine competence with a copy of documentary evidence that the criteria are met..    
a. Within 60 days following receipt of a Designating Body’s submission, the members of the Joint Sectoral Committee shall indicate their position regarding either their confirmation or their opposition, to the ASEAN Secretariat. No response within 60 days shall be taken as abstention. Upon confirmation, the inclusion of the proposed Conformity Assessment Body or Bodies in the list of accepted Conformity Assessment Bodies shall take effect;  Article 6 (3.a)

1)The JSC Members shall inform the ASEAN Secretariat on their position regarding the identified Conformity Assessment Bodies as soon as possible. It is the responsibility of all Joint Sectoral Committee members to reply to the ASEAN Secretariat within 60 days.

2) Upon confirmation of a Conformity Assessment Body, the ASEAN Secretariat shall inform the Conformity Assessment Body concerned and all contact points of Member States, of the confirmation and the effective date of its listing.    
b. If one or more of the Member States to the Sectoral MRA requests verification of the technical competence or compliance of a proposed Conformity Assessment Body, such request shall be made an objective and reasoned manner in writing to the ASEAN Secretariat, which shall forward it to the relevant Joint Sectoral Committee for a decision. The Joint Sectoral Committee may decide that the body concerned be more fully verified in accordance with Article 9 of this Framework Agreement; and

c. The proposed Conformity Assessment Body shall not be included in the list of accepted Conformity Assessment Bodies in the applicable Sectoral MRA until a decision has been made to include such Conformity Assessment Body.      		 
ARTICLE 7
SUSPENSION OF LISTED CONFORMITY ASSESSMENT BODIES

The following procedures shall apply with regard to the suspension of a Conformity Assessment Body listed in a Sectoral MRA:

a. Any Member State to a Sectoral MRA which contests the technical competence or compliance of a listed Conformity Assessment Body shall, through its contact point to submit a proposal to suspend such a Conformity Assessment Body, to the relevant Joint Sectoral Committee and the ASEAN Secretariat. Such contestation shall be exercised when justified in an objective and reasoned manner in writing;   		Article 7(a)  

1) Contact point should meet the requirements specified in Article 4 para 1h.
b. The ASEAN Secretariat shall promptly inform the Conformity Assessment Body concerned. The Conformity Assessment Body shall be given an opportunity to present information in order to refute the contestation or to correct the deficiencies which form the basis of the contestation;

c. Any such contestation shall be discussed by the relevant Joint Sectoral Committee, which may decide to suspend the Conformity Assessment Body in question;

d. If the matter has not been resolved by the Joint Sectoral Committee within 21 days of the notice of contestation, the Conformity Assessment Body shall be suspended upon the request of the contesting Member State;

e.   Where the Joint Sectoral Committee decides that verification of technical competence or compliance is required, such verification shall be carried out in accordance with Article 9 of this Framework Agreement;

f.     Upon the suspension of a Conformity Assessment Body listed in a Sectoral MRA, Member States to the Sectoral MRA are no longer obligated to accept or recognize the results of conformity assessment procedures performed by that Conformity Assessment Body subsequent to suspension. Member States to the Sectoral MRA shall, subject to Article 11, continue to accept the results of conformity assessment procedures performed by that Conformity Assessment Body prior to suspension; and

g.    The suspension shall remain in effect until an agreement has been reached by Member States to the Sectoral MRA upon the future status of that Conformity Assessment Body.  		 
ARTICLE 8 REMOVAL OF LISTED CONFORMITY ASSESSMENT BODIES   The following procedures shall apply with regard to the removal of a listed Conformity Assessment Body from a Sectoral MRA: a.      A Member State to a Sectoral MRA proposing to remove a Conformity Assessment Body listed in a Sectoral MRA shall, through its contact point for the Sectoral MRA, forward its proposal in an objective and reasoned manner in writing to the relevant Joint Sectoral Committee and the ASEAN Secretariat; b.     Such a Conformity Assessment Body shall be promptly notified by the ASEAN Secretariat and shall be provided a period of at least 30 days from receipt of the notification to provide information in order to refute or to correct the deficiencies which form the basis of the proposed removal;   
c.    Within 60 days following receipt of the proposal, the members of the Joint Sectoral Committee shall indicate their positions regarding either their confirmation or their opposition to the ASEAN Secretariat. No response within 60 days shall be taken as abstention. Upon confirmation, the removal from the Sectoral MRA of the proposed Conformity Assessment Body or Bodies shall take effect;    Article 8 (c )

1) The JSC Members shall inform the ASEAN Secretariat on their position whether or not the proposed Conformity Assessment Body should be removed from the listed Conformity  Assessment Bodies as soon as possible. 

The ASEAN Secretariat will inform the conformity assessment body and all contact points regarding the outcome of the removal proposal.    
  d.   If the Joint Sectoral Committee finds sufficient grounds based on the evidence submitted, it may decide to carry out a joint verification of the body concerned. Pending completion of the joint verification, the Conformity Assessment Body shall not be removed from the list of Conformity Assessment Bodies in the applicable Sectoral MRA; and   
e.   Subsequent to the removal of a Conformity Assessment Body listed in a Sectoral MRA, Member States to the Sectoral MRA shall, subject to Article 11, continue to accept the results of conformity assessment procedures performed by that Conformity Assessment Body prior to removal.  Article 8 (e)

1)When Member States wish to designate a removed Conformity Assessment Body to the Sectoral MRA again, the procedures of Article 6 should be applied.    
ARTICLE 9
VERIFICATION OF TECHNICAL COMPETENCE AND COMPLIANCE OF CONFORMITY ASSESSMENT BODIES

The Designating Bodies shall ensure that Conformity Assessment Bodies identified by them will be available for verification of their technical competence and compliance with applicable requirements when required by the relevant Joint Sectoral Committee. Any request for verification of technical competence or compliance of the Conformity Assessment Body, shall be justified in an objective and reasoned manner and in writing to the ASEAN Secretariat, which shall forward it to the relevant Joint Sectoral Committee for a decision.  		 
Where the Joint Sectoral Committee decides that verification of technical competence or compliance is required, it will be carried out in a timely manner, jointly by all interested Member States to the relevant Sectoral MRA, based on the procedures and criteria set forth in the relevant Sectoral MRA and the provisions of Article 6 of this Framework Agreement.    Article 9(3)

1)The Conformity Assessment Bodies should meet the requirements specified in Article 6 Clause 1.    
The result of this verification shall be discussed by the relevant Joint Sectoral Committee with a view to resolving the issue as soon as possible.     
ARTICLE 10 MONITORING OF CONFORMITY ASSESSMENT BODIES
 
1.     Designating Bodies shall ensure that Conformity Assessment Bodies identified by them and listed in a Sectoral MRA are capable and remain capable of properly assessing conformity of products or processes, as applicable, and as covered in the applicable Sectoral MRA. Designating Bodies shall maintain monitoring of such Conformity Assessment Bodies listed in a Sectoral MRA by means of regular audit or assessment.  		Article 10 (1)

1) Regular audit or assessment may include review or acceptance of audits done by ecognized parties.

2) During the regular assessment, if the Designating Body found that the conformity assessment body is no longer meeting the criteria, it has to write to all contact points and the ASEAN Secretariat regarding its decision to suspend or withdraw that Conformity Assessment Body.    
  2.      Designating Bodies shall compare methods used to verify that the Conformity Assessment Bodies listed by the Joint Sectoral Committee comply with the relevant requirements of the Sectoral MRAs. 3.         Designating Bodies shall consult as necessary with their counterparts in other Member States to the Sectoral MRAs, to ensure the maintenance of confidence in conformity assessment procedures. This consultation may include joint participation in audits/inspections related to conformity assessment activities or other assessments of Conformity Assessment Bodies listed in a Sectoral MRA.   
4.      Designating Bodies shall consult, as necessary, with relevant Regulatory Authorities to ensure that all technical requirements identified in the relevant Sectoral MRAs are satisfactorily addressed.    Article 10(4)

1)It is the responsibility of the Regulatory Authorities to inform all relevant Designating Bodies of all changes made to the conformity assessment requirements.    
ARTICLE 11
PRESERVATION OF REGULATORY AUTHORITY

1.    Nothing in this Framework Agreement shall be construed to limit the authority of a Member State to determine, through its legislative, regulatory and administrative measures, the level of protection it considers appropriate for safety; for protection of human, animal, or plant life or health; for the environment and for consumers.  		 
2.    Nothing in this Framework Agreement shall be construed to limit the authority of a Regulatory Authority to take all appropriate and immediate measures whenever it ascertains that a product may:

a.   compromise the health or safety of persons in its territory;

b.   not meet the legislative, regulatory, or administrative provisions within the scope of the applicable Sectoral MRA ; or

c.   otherwise fail to satisfy a requirement within the scope of the applicable Sectoral MRA. If the Regulatory Authority takes such measures, it shall inform its counterpart authority in the affected Member State and other Member States to the relevant Sectoral MRA of such measures taken, providing reasons, within a period of time defined in the relevant Sectoral MRA.    		Article 11 (2)

1) The Regulatory Authorities of Member States reserve the right and discretion to undertake any form of appropriate and immediate measures, which may include withdrawing the products from the market, prohibiting their placement on the market, restricting their free movement, initiating a product recall, and preventing the recurrence of such problems, including through a prohibition on imports. When emergency measures are taken, immediate notice of such action shall be given to the relevant JSC and the ASEAN Secretariat.  The timing of such notice should be specified.

2) Member States shall notify any action or measure that they intend to take according to the “Protocol on Notification Procedures” signed by the AEM on 7 October 1998 in Makati City, Philippines.      
ARTICLE 12
CONSULTATIONS AND SETTLEMENT OF DISPUTES

  1.   Member States shall, at the written request of another Member State, enter into consultations with a view to seeking a prompt, equitable and mutually satisfactory solution, if that Member State considers that:

a.  an obligation under this Framework Agreement has not been fulfilled, is not being fulfilled, or may not be fulfilled; or

b.  any objective of this Framework Agreement is not being achieved or may be frustrated.

2.   Any differences between Member States concerning the interpretation or application of this Framework Agreement and the Sectoral MRAs shall, as far as possible, be settled amicably between the Member States concerned or within the relevant Joint Sectoral Committee if applicable. If a settlement cannot be reached, thus, it shall be subjected to the Dispute Settlement Mechanism of ASEAN in accordance with the Protocol on Dispute Settlement Mechanism, which was signed on 20 November 1996 in Manila, the Philippines.    		 
ARTICLE 13
INSTITUTIONAL ARRANGEMENTS  

1.   Progress of the implementation of this Framework Agreement shall be reported to the AFTA Council through the Senior Economic Officials Meeting (SEOM). The SEOM shall monitor all aspects relating to the implementation of this Framework Agreement. The Joint Sectoral Committees shall monitor all aspects relating to the implementation of the relevant Sectoral MRAs.

2.   The ASEAN Consultative Committee for Standards and Quality (ACCSQ) and the ASEAN Secretariat shall provide the support for coordinating and reviewing the implementation of this Framework Agreement and the Sectoral MRAs and assist the SEOM and the Joint Sectoral Committees in all matters relating thereto.

3.   The ACCSQ shall be the forum for linkages with industries with respect to the implementation of this Framework Agreement and the Sectoral MRAs.    		Article 13

1) The Joint Sectoral Committee will have to report the deliberations and decisions to the ASEAN Secretariat, which will then forward a copy to the ACCSQ.  The ASEAN Secretariat will proceed to report to SEOM on the implications of the Framework Agreement, including the identification of the sectors, signing of Sectoral MRAs, and the establishment of Joint Sectoral Committees.

2) The Joint Sectoral Committee may seek advice from ACCSQ on the importance of Sectoral MRAs insofar as they relate to the Framework Agreement.    
ARTICLE 14
TECHNICAL ASSISTANCE AND FUNDING

1.    Member States shall, if requested, advise other Member States, and shall grant them technical assistance on mutually agreed terms and conditions, where applicable on building up and/or maintaining technical competence of relevant Conformity Assessment Bodies in their territories so that they can fulfil the obligations as specified in the Sectoral MRAs or participate in the Sectoral MRAs.

2.    Member States which are members or participants of international or regional systems for conformity assessment shall, if requested, advise other Member States, and shall grant them technical assistance on mutually agreed terms and conditions, where applicable regarding the establishment of the institutions and legal framework which would enable them to fulfil the obligations of membership or participation in such systems.

3.    Member States to a Sectoral MRA may engage the services of Conformity Assessment Bodies of other Member States to undertake the requisite conformity assessment activities, should they not have their own facilities to do so.

4.    Member States shall accord priority to funding for activities under this Framework Agreement and the Sectoral MRAs. Expenses incurred as a result of any activity undertaken by a Member State to fulfill the objectives of this Framework Agreement and the Sectoral MRAs shall be borne by the Member State concerned unless all Member States decide otherwise.  		 
ARTICLE 15
CONFIDENTIALITY

1.     Member States shall maintain, to the extent permitted under its laws and regulations, the confidentiality of information exchanged under this Framework Agreement and the Sectoral MRAs.

2.     Member States shall take all precautions reasonably necessary to protect information exchanged under this Framework Agreement and the Sectoral MRAs from unauthorized disclosure.    		 
ARTICLE 16
ACCESSION OF NEW MEMBERS

  New Members of ASEAN may accede to this Framework Agreement through the signing and depositing of the instrument of accession to this Framework Agreement with the Secretary-General of ASEAN, who shall promptly furnish each Member State a certified copy thereof.    		 
ARTICLE 17
RIGHTS AND OBLIGATIONS UNDER EXISTING INTERNATIONAL AGREEMENTS OR CONVENTIONS

This Agreement or any actions taken thereto shall not affect the rights and obligations of the contracting Member States under any existing international agreements or conventions to which it is also a party.  		 
ARTICLE 18
FINAL PROVISIONS

1.     The provisions of this Framework Agreement may be reviewed or amended by agreement of all Member States.

2.     Member States shall undertake appropriate measures to fulfill the agreed obligations arising from this Framework Agreement.

3.     Member States shall make no reservations with respect to any of the provisions of this Framework Agreement.

4.     This Framework Agreement shall be deposited with the Secretary General of ASEAN, who shall promptly furnish each Member State a certified copy thereof.   This Framework Agreement shall enter into force upon deposit of instruments of ratification or acceptance by all signatory Governments with the Secretary- General of ASEAN.		                                       

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