ASEAN SECTORAL INTEGRATION PROTOCOL FOR
AGRO-BASED PRODUCTS
The Governments of Brunei Darussalam, the Kingdom of Cambodia, the
Republic of Indonesia, the Lao People's Democratic Republic (hereinafter
referred to as "Lao PDR"), 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 South East
Asian Nations (hereinafter collectively referred to as "ASEAN" or "Member
States" or singularly as "Member State");
RECALLING
the Declaration of ASEAN Concord II (Bali Concord II) issued in
Bali, Indonesia on 7 October 2003, pursuant to which ASEAN is committed to
deepen and broaden its internal economic integration and linkages with the
world economy to realise an ASEAN Economic Community;
DESIRING
that the ASEAN Economic Community will result in ASEAN
becoming a single market and production base, turning the diversity that
characterises the region into opportunities and business complementation to
make ASEAN a more dynamic and stronger segment of the global supply chain;
NOTING that as a first step towards the realisation of the ASEAN Economic
Community, the Leaders have signed the ASEAN Framework Agreement for
the Integration of Priority Sectors on 30
thNovember 2004 in Vientiane, Lao
PDR (hereinafter referred to as the "Framework Agreement");
HAVING carried out an initial round of negotiations and concluded the roadmap
for the full integration of the agrobased products sector in ASEAN,
HAVE AGREED AS FOLLOWS:
ARTICLE 1
OBJECTIVE
ARTICLE 2 MEASURES
1.
The integration measures to be pursued are grouped into two broad
categories, taking into account existing agreements or earlier relevant
committed measures, namely:
(a) Common measures which cut across all priority sectors; and
(b) Specific measures that are of direct relevance to the agrobased
products sector.
2.
All categories of measures shall be pursued in parallel.
3.
SEOM may conduct additional negotiations, as and when necessary, to
consider new integration measures for the sector.
ARTICLE 3
EMERGENCY MEASURES
1.
Article 6 of the Common Effective Preferential Tariff (CEPT) Agreement
on Safeguard Measures shall be applied to this Protocol.
2.
Where emergency measures are taken pursuant to this Article,
immediate notice of such action shall be given to the Ministers
responsible for ASEAN economic integration referred to in Article 19 of
the Framework Agreement, and such action may be the subject of
consultations pursuant to Article 22 of the Framework Agreement.
ARTICLE 4 APPENDICES
1.
The Roadmap for Integration of Agrobased Products Sector shall be
Appendix I to this Protocol and shall form an integral part of it. The
negative list in relation to the agrobased products sector shall be
Appendix II to this Protocol.
ARTICLE 5 FINAL PROVISIONS
1.
Member States shall undertake the appropriate measures to fulfill the
agreed obligations arising from this Protocol.
2.
The provisions of this Protocol may be modified through amendments
mutually agreed upon in writing by all Member States.
3.
This Protocol shall enter into force on 31 August 2005. Notwithstanding
the specified date of entry into force, Member States undertake to carry
out the obligations which arise prior to the date of entry into force of this
Protocol in accordance with the timelines indicated in the Framework
Agreement for the Integration of Priority Sectors and the Roadmap for
Integration of AgroBased Products Sector attached to this Protocol.
4.
This Protocol shall be deposited with the SecretaryGeneral of ASEAN,
who shall furnish a certified copy to each Member State.
IN WITNESS WHEREOF,
the undersigned, being duly authorised thereto by their
respective Governments, have signed the ASEAN Sectoral Integration Protocol
for AgroBased Products.
For the Government of
Brunaf Darussalam
ABDUL RAHMAN TAIB
Minister of Industry and
Primary Resources
r the Government of
e
Kingdom of Cambodj
CHAM PRASIDH
Senior Minister
Minister of Commerce
For the Government of
the Republic of Indonesia
MAWECKA PANGESTU
Minister of Trade
For the Government of
the Lao People's Democratic Republic
SOULIVONG DARAVONG
Minister of Commerce
For the Government of
lalaysia
Miniver of^lprternational Trade
and Industry
For the Government of
the Union of Myanmar.
SOE THA
Minister of National Planning and
Economic Development
For the Government of
the Republic of the Philippines
CESAR \T PURISIMA
Secretary of Trade and Industry
For the Government of
the Kingdom of Thailand
WATANA MUANGSOOK
Minister of Commerce
For the Government of
the Republic of Singapore
LIM HNG KIANG
Minister for Trade and Industry
Forth
the Socialist
APPENDIX I
ROADMAP FOR INTEGRATION OF AGRO-BASED PRODUCTS SECTOR
I. OBJECTIVES
The objectives of this initiative are to :
Strengthen regional integration on through liberalisation and facilitation measures in the area of trade in goods, services and investments; and
Promote private sector participation.
II. MEASURES
This roadmap includes issues specific to the Agrobased products sector as well as horizontal issues cutting across all sectors which are:
Measures for increasing intraASEAN Trade and Investment • Tariff Elimination
• NonTariff Measures (NTMs) • Custom Cooperation
• Effective Implementation of CEPT Scheme • Improvement of Rules of Origin
• Standards and Conformance • Future investment
• Improvement of Logistics Services
III. COVERAGE
NO. MEASURES IMPLEMENTING
BODY TIMELINE
COMMON ISSUES
1 1
II 2
3
4
5
III 6
IV 7
Tariff Elimination
Eliminate CEPTAFTA tariffs on all identified products
Coordinating Committee on the Implementation of the
CEPT Scheme for AFTA (CCCA)
ASEAN 6: 2007 CLMV: 2012
NonTariff Measures (NTMs)
Establish the Database of ASEAN NTMs to ensure transparency1
Establish clear criteria to identify measures that are classified as barriers to trade
Establish a clear and definitive work programme for the removal of the barriers.
Adopt the WTO Agreement on Import Licensing Procedures and develop implementation guidelines appropriate for ASEAN.
CCCA and Senior Officials Meeting ASEAN Ministers on
Agriculture and Forestry (SOM
AMAF)
30 June 2004
30 June 2005
31 December 2005
31 December 2004
Rules of Origin
Improve the CEPT Rules of Origin by:
making it more transparent, predictable and standardised taking into account the best practices of other Regional Trade Agreements including the rules of origin of the WTO; and
adopting substantial transformation as alternative criteria for conferring origin status.
Task Force on CEPT Rules of Origin
(ROOTF)
31 December 2004
Customs Procedures
Extend the application of the ASEAN Harmonised Tariff Nomenclature (AHTN) for extraASEAN trade.
Expert Committee on Customs Matters
(ECCM)
ongoing
1
NO. MEASURES IMPLEMENTING
BODY TIMELINE
10
11
Develop a simplified, improved and harmonised customs declaration form.
31 December 2005
Ensure full implementation of the Green Lane System for CEPT Products, or similar systems, at entry points of all Member States.
31 December 2004
Develop implementation guidelines, as appropriate, for Member States which are not members of the WTO to fulfill the obligations of the WTO Agreement on Customs Valuation
31 December 2004
Adopt service commitment (client charter) by ASEAN customs authorities.
31 December 2004
12 Develop the Single Window
approach, including the electronic processing of trade documents at national and regional levels
InterAgency Task Force on Single
Window
31 December 2005
Standards and Conformance
13
14
15
16
Accelerate the implementation/ development of sectoral Mutual Recognition Arrangements (MRAs), as appropriate
Encourage domestic regulators to recognise test reports issued by testing laboratories which are already accredited by National Accreditation Bodies in ASEAN that are signatories to ILAC and APLAC MRA
Set clear targets and schedules for harmonisation of standards, wherever required; where international standards are not available, and when requested by industry, align national standards among Member States.
Harmonise and/or develop, wherever appropriate, technical regulations for national application.
ASEAN Consultative Committee on Standards and Quality (ACCSQ)
beginning 1 January 2005
ongoing
31 December 2005
NO. MEASURES IMPLEMENTINGBODY TIMELINE
17
18
Ensure compliance with the requirements, rights and obligations of WTO Agreements on Technical Barriers to Trade and the Application of Sanitary and PhytoSanitary Measures
ongoing
Explore development of ASEAN policy on standards and conformance to further facilitate the realisation of the ASEAN Economic Community.
beginning 2005
VI
Logistics Services
19 Expedite the development of
integrated transport logistics services within ASEAN through:
Promotion of efficient doorto door cargo transport and cross border transport facilitation through the expeditious implementation of the ASEAN Framework Agreement on the Facilitation of Goods in Transit, and the ASEAN Framework Agreement on Multimodal Transport;
Improvement of land transport network infrastructures and services to achieve better inter connectivity, interoperability and intermodality with the national, regional and international maritime and air transport gateways;
Strengthening intraASEAN maritime and shipping transport services; and
Establishment of enabling and conducive policy environment for increased private sector involvement and/or publicprivate partnerships in the development of transport infrastructure and the provision and operation of transport logistics facilities and services.
Senior Transport Officials Meeting
(STOM)
NO. MEASURES IMPLEMENTING
BODY TIMELINE
VII Outsourcing and Industrial Complementation
Working Group on Industrial Cooperation
(WGIC), with inputs from the private
sector 20
21
Identify and develop specialisation of production processes, research and development (R&D), and testing facilities based on comparative advantages of individual Member States
Develop guidelines to promote outsourcing arrangements among Member States, as applicable.
ongoing
VIII ASEAN Integration System of Preferences
22 Endeavour to expand the coverage of the ASEAN Integration System of Preferences (AISP) Scheme by including products in the priority integration sectors
CCCA ongoing
IX Investments
23
24
25
26
27
Accelerate the opening up of sectors currently in the Sensitive List (SL) by transferring these sectors into the Temporary Exclusion List (TEL) under the Framework Agreement on the ASEAN Investment Area, using the ASEANX formula.
Reduce restrictive measures in the SL
investment
Complete the progressive elimination of restrictive investment measures in the TEL
Identify programmes and activities to promote investments in ASEAN
Promote manufacturing processes across different ASEAN countries to take advantage of their comparative strengths through:
the establishment of a network of ASEAN free trade zones to facilitate outsourcing activities
Coordinating Committee on Investment (CCI)
beginning 2004
beginning 2004
ongoing
31 December 2005
beginning 2005
2
Timelines as per AIA Agreement (ASEAN6 = 2010; Vietnam = 2013; Cambodia, Laos and Myanmar
NO. MEASURES IMPLEMENTING
BODY TIMELINE
28
undertaking more efficient joint ASEAN facilitation and promotion measures to promote FDI
ongoing
Promote and facilitate joint/cross border investments in manufacturing activities through:
special incentives, where appropriate, to be given by CLMV for investments from ASEAN
special measures, where appropriate to be given by ASEAN 6 to promote and facilitate relocation of investment to CLMV countries especially for labour intensive manufacturing activities
ongoing
Trade and Investment Promotion
29 Intensify intra and extra ASEAN joint promotion efforts regularly
CCI;
ASEAN Chambers of Commerce and Industry (ASEAN
CCI); relevant Industry Clubs/
Associations; and SOMAMAF
on going beginning 2005
30
31
Organise regular private sector initiatives to undertake:
more efficient joint ASEAN facilitation and promotion measures to promote FDI ASEAN sellingbuying missions; and
promotional activities to assist CLMV countries
CCI; ASEAN Business
Advisory Council (ASEANBAC); and ASEANCCI
ongoing beginning 2005
Undertake more effective joint ASEAN facilitation in promotion measures and develop new sources of inward foreign direct investments, particularly from potential countries such as the People's Republic of China, India and the Republic of Korea
NO.
XI 32
XII 33
XIII
34
35
36
XIV 37
MEASURES IMPLEMENTING
BODY TIMELINE
IntraASEAN Trade and Investment Statistics Establish an effective system to
monitor intraASEAN trade and investment through:
provision of updates to the ASEAN Secretariat of the latest trade (goods and services) and investment statistics
preparation of consolidated industry profile, by the respective associations, which among other matters, cover information such as production capacity and product range
Working Group on Statistics; Working Group on Foreign Direct Investment Statistics; and CCCA
ongoing
Intellectual Property Rights
Expand the scope of ASEAN intellectual property rights cooperation beyond trademarks and patents by including cooperation in copyrights information exchange and enforcement
ASEAN Working Group on Intellectual Property Cooperation
(AWGIPC)
31 December 2004
Movement of Business Persons, Skilled Labour, Talents and Professionals Develop an ASEAN Agreement to
facilitate the movement of business persons, including the adoption of an ASEAN Travel Card, taking into account Member States' domestic laws and regulations.
Develop an ASEAN Agreement to facilitate the movement of experts, professionals, skilled labor and talents, taking into account Member States' domestic laws and regulations
Accelerate completion of MRAs to facilitate free movement of experts, professionals, skilled labor and talents in ASEAN, taking into account Member States' domestic laws and regulations
DirectorsGeneral of Immigration Departments and Heads of Consular Affairs Division of the
Ministries of Foreign Affairs (DGICM)
Coordinating Committee on Services (CCS)
31 December 2005
31 December 2005
31 December 2008
Facilitation of Travel in ASEAN Harmonise procedures for the issuance of visas to international travelers
NO.
38
XV 39
MEASURES
Provide visa exemption for intra ASEAN travel by ASEAN nationals
IMPLEMENTING
BODY TIMELINE
2005
Human Resource Development Develop and upgrade skills and capacity building through joint trainings and workshops.
Senior Labour Officials Meeting
(SLOM)
ongoing
SPECIFIC ISSUES
XVI
40
41
42
43
44
Sanitary and PhytoSanitary (SPS) and Technical Barrier to Trade (TBT) Measures
General requirements for food hygiene and safety in ASEAN Formulate ASEAN Requirements to
Good Hygiene and for National Application
Formulate ASEAN requirements to good hygiene and safety practice in selected sectors that to be abserved at the time of preparation, processing, manufacturing, packaging, storing, transportation, distribution, handling and offering for sale or supply to the final consumer
ASEAN Expert Group on Food Safety
(AEGFS)
2005
Harmonisation of national standards with relevant international standards (CODEX, OlEandlPPC)
Harmonise national standards with international standards in the food sector, especially from HS Chapter 1523 to support the realisation of MRA for prepared foodstuff in ASEAN
Develop a mechanism to encourage the establishment of the regional risk assessment by scientific bodies in ASEAN
Identify international standards Codex and IPPC with focus on those standards with significant trade value and those with potential for trade in the future for harmonisation in ASEAN
ASEAN Task Force on Codex (ATFC)
ASEAN Expert Group on Food Safety
(AEGFS)
SOM AMAF
2008
2006
ongoing
NO. MEASURES IMPLEMENTING
BODY TIMELINE
45 Promotion of Hazard Analysis Critical Control Point (HACCP), Good Manufacturing Practice (GMP) and Good Hygiene Practice (GHP) for processed food industry. Priority should be given to the SME by implementing pilot programme.
Joint efforts between SOMAMAF, AEGFS
and ACCSQ Prepared Foodstuff
Product Working Group (PFPWG)
ongoing
Strengthening Testing Facilities in ASEAN and Recognition of Testing Result by regulators
46
47
Establishment of ASEAN Reference Testing Laboratories in the area of microbiology, mycotoxin, pesticide residues; Veterinary Drug Residues; Heavy Metals and Trace Elements; Genetically Modified Organism (GMO)
Recognition by ASEAN Domestic Regulators for test reports issues by ASEAN Reference Testing Laboratories and those already accredited by national accreditation bodies who are signatories to ILAC, APLAC MRA.
ACCSQ; SOM AMAF; and AEGFS
beginning 2005
Harmonisation of sector specific technical regulatory regime in ASEAN
48 Identify and prioritise SPS and TBT Measures for harmonisation in ASEAN
SOM AMAF and ACCSQ PFPWG
20052006
49 Harmonise identified SPS and TBTs measures including harmonisation of procedures of registration, pre marketing and postmarketing surveillance among member countries.
SOM AMAF and ACCSQ PFPWG Activities can be identified according to
the scope of each body
20062010
50 Development and Implementation of MRAs in some priority (selected) products. MRA for prepared foodstuff will be initially explored.
SOM AMAF and ACCSQ
beginning 1 January 2005
51
Develop ASEAN Good AgriculturePractice (GAP) Standards
SOM AMAF ASEAN Sectoral Working Group on Crops and
Expert Working Group on Phyto
Sanitary
NO.
XVII
52
53
54
55
56
XVIII
57
MEASURES IMPLEMENTING
BODY TIMELINE
Research and Development (R&O) and Human Resource Development (HRD) Exchange of commercial planting
varieties for the potential agri products among ASEAN countries
Initiate collaborative research programs for mutually agreed agri products among ASEAN countries
Exchange of experts in mutually agreed fields.
Encourage exchange of research information in areas of mutual interest
Explore potential areas of cooperation in mutually agreed products
SOM AMAF ongoing
Information
Encourage establishment of an ASEAN Early Warning System on Hazards and Outbreaks
SOM AMAF ongoing
Attachment I
Coverage of the Agro-Based Products Sector
No 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23^ 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 AHTN 0702.00.00 0708.10.00 0708.20.00 0708.90.00 0710.21.00 0710.22.00 0713.10.10 0713.10.90 0713.20.10 0713.20.90 0713.31.10 0713.31.90 0713.32.10 0713.32.90 0713.33.10 0713.33.90 0713.39.10 0713.39.90j 0713.40.10 0713.40.90 0713.50.10, 0713.50.9(r 0713.90.10 0713.90.90 0801.11.00 0801.19.00 0804.50.00 1005.10.00 1005.90.10 1005.90.90 1102.20,00 1102.30.00 1201.00.10 1201.00.90 1203.00.00 1204.00.00 1205.10.00 1205.90.00 1206.00.00 1207.10.00 1207.20.00 1207.30.00 1207.40.00 1207.50.00 1207.60.00 1207.99.10 ,1207.99.90 1208.10.00 1208.90.00 1507.10.00
Attachment I
Coverage of the Agro-Based Products Sector
Attachment I
Coverage of the Agro-Based Products Sector
No AHTN 100 2306.41.00 101 2306.49.00 102 2306.50.00 103 2306.60.00 104 2306.70.00 105 2306.90.10 106 2306.90.90
Of low erucic acid rape or Other
Of coconut or copra ^Of palm nuts or kernels
Of maize (corn) germ Of safflower seed meal
Description
colza seeds Other
Appendix II
Negative List of ASEAN Member Countries for Agro-Based Products Sector
No 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 11 No 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 AHTN ^0713.39.10 } 071 3.39.90 J 1201.00.10 1201.00.90 Jj 208. 10.66 1507.90.10 [ 1507.90.20 " 1507.90.90 1512.19.10 1 1512.19.20 1512.19.90 1513.19.90 1515.29.10 1515.29.90 2005.59.00 f 2008.11.10 2008.11.90 2008.19.10 7 2008.19.90
"T "~
?• AHTN 1005.10.00 l 1005.90.10 1005.90.90 J 1102.20.00 1 1201.00.10 1201.00.90 1208.10.00 T 1208.90.00 1515.21.00 i 1515.29.10 { 1515.29.90 2008.11.10 [ 2008.11.20 ] 2008.11.90 ; 2008.19.10 2008.19.90 i ^ Description — For sowing Other Suitable for sowing Other Of soya beans Refined oil Fractions of unrefined soyabean oil Other — Refined oil — Fraction of unrefined sunflowerseed, safflower oil Other Other — Fraction of unrefined maize (corn)oil Other Other — Roasted nuts Other — Cashew Other Description j Seed Popcorn Other Maize (corn) flour Suitable for sowing Other Of soya beans Other Crude oil — Fraction of unrefined maize (corn)oil Other — Roasted nuts Peanut butter Other — Cashew Other No 1 2 ! i 3 4 i 5 ! 6 i 7 ; AHTN 0801.11.00 0801.19.00 2008.11.10 2008.11.20 2008.11.90 2008.20.00 2009.41.00 Description i Desiccated | Other — Roasted nuts — Peanut butter | Other; Pineapples
f Of a Brix value not exceeding 20
Appendix II
Negative List of ASEAN Member Countries for Agro-Based Products Sector
8 W^ No 1 2 3 _d HBPItF^ No 1 2 3 4 5 6 7 8 9 10 No 1 2 3 4 5 6 4 7 8 i 9 10 11 12 13 14 15 16 17 i 18 1 19 20 2009.49.00 AHTN 1515.29.10 1515.29.90 2302.10.00
?P^^"^'^4I*^^W!W™^^ AHTN 0708.20.00 0801.11.00 1203.00.00 1207.10.00 1511.10.00 1513.11.00 1513.21.00 1515.21.00 _] 2008.20.00 , 2306.50.00 AHTN 0702.00.00 1507.90.10 1511.10.00 1511.90.10 , 1511.90.90 1 1513.11.00 1513.19.10 i 1513.19.20 1513.19.90 1513.21.00 1513.29.10 1513.29.20 1513.29.90 2002.10.00 [
2002.90.10 2005.40.00 2005.90.10 2005.90.90 2009.41.00 2009.50.00 Other
"" " " ' ' "~ ' "~ "
^ ^ : '''¥::
^:
iBi^*%'JITl^T
' : . ' ' _ C .,<
Description — Fraction of unrefined maize (corn)oil — 'Other' ~ ~~ Of maize (corn) Description Beans (Vigna spp., Phaseolus spp.) Desiccated Copra. Palm nuts and kernels Crude oil Crude oil Crude oil Crude oil Pineapples Of coconut or copra ^viiE • Wsfis ' ::..• Thailand '' '
ias. , Description . .
