sirim - piawaian produk ke pasaran a (awana genting, 19 mei 2012)

7/31/2019 SIRIM - Piawaian Produk Ke Pasaran a (Awana Genting, 19 Mei 2012)

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SIRIM Berhad YOUR PARTNER TO GLOBAL TRADE

CONFORMITY OF PRODUCTSFOR EXPORT MARKET(AWARENESS ON

TECHNICAL BARRIERS TO TRADE)

ANUJA BALACHANDRANWTO/TBT ENQUIRY POINT &

TECHNICAL ADVISORY SERVICES SECTION

STANDARDS RESEARCH & MANAGEMENT CENTRESIRIM BERHAD


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INCREASING RELEVANCE OFTECHNICAL BARRIERS TO TRADE

With round of trade negotiations over the yearsworld tariff have been reduced, zero tariffhave been achieved in some sectors.

Further reductions are often in the agenda ofbilateral and multilateral trade negotiations.

Focus has shifted to non-tariff barriers mainlytechnical barriers such as technical regulationsand standards are the main concern.


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TECHNICAL BARRIERS TO TRADE

TECHNICALBARRIERS ??Whats that?

Standards

Technical Regulations

CAP: Testing, CalibrationInspection, Certification

Packaging

Labelling


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TECHNICAL BARRIERS TO TRADE (2)

Country A

Standards

Technical RegulationsTesting, CalibrationInspection

CertificationPackagingLabelling

Other requirements

Country B

Standards

Technical RegulationsTesting, CalibrationInspectionCertificationPackagingLabellingOther requirements


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TECHNICAL BARRIERS TO TRADE (3)

Examples:

Testing - Requirement for test reports from a

specific laboratory only.

Standards - Compliance to a different standardthat is not available in the countrys language.

Certification - Certification by a specificcertification body causing long delays in approval.


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DIVERGENT REGULATIONS COSTFOR EXPORTERS

Loss of economies of scale have to adjustproduction facilities to comply with diversetechnical requirements (testing, inspection,certification, etc.).

Information cost translation of documents,hiring local expert to understand regulation.


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OVERVIEW OF THE AGREEMENT

The TBT Agreement:

Scope: Covers central, local and non governmental bodies

Objective: To minimise unnecessary obstacle to trade

Acknowledges the right of the WTO members to takemeasures to protect human, animal or plant life or health,environment and consumers.

Sets disciplines for the preparation, adoption andapplication of standards, technical regulations andconformity assessment procedures.


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The WTO/TBT AgreementSCOPE OF THE TBT AGREEMENT

ALL PRODUCTS, including:

Industrial products

Agricultural products

Sanitary and phytosanitary measures

regulations and standards related to services purchasing specifications for production or

consumption of governments

Applies to

Does notapply to


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COVERAGE AND DEFINITIONS

Technical regulations (mandatory)

Standards (voluntary)

Conformity assessment procedures


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TECHNICAL REGULATION

Compliance is mandatory

Provide rules, guidelines or characteristics ofproducts, processes or production methods

May also deal with terminology, labeling,packaging or marking

Contains administrative procedures


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Who prepares Technical Regulations?

Government authorities at Central or local level

Ministry

of Health

Import/exportauthorities

Ministry ofAgriculture Ministry

of Trade

Environmentalprotection auth.

Ministry ofIndustry

Consumerprotection auth.

Examples


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TECHNICAL REGULATION

Technical Regulations = Standards + Methodof enforcement

or

Technical Regulations = Technical specifications+ Conformity Assessment+ Approval Processes+ Other legal & administrative matters


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STANDARD

Compliance is voluntary

Provide rules, guidelines or characteristics ofproducts, processes or production methods

May also deal with terminology, labeling,packaging or marking


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Are mandatory andform part of legislation

Are responsibility

of the governmentEncompass:

Productcharacteristics

Administrativeprocedures

Are voluntary in nature

Can be developed by avariety of bodies in

public or private sector Contain only product

characteristics, ortechnical requirements

Are developed in astakeholder-inclusive,consensus process

Technical Regulations Standardsvs.


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AIMS OF STANDARDISATION

Quality of goods and services

Quality of life

Efficient use of resources

Conditions for trade


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Diagrammatic representation of standardisation space

International

Regional

National

Company

Terminology

Classification

Methods of testing and analysis

Specifications

Code of practice

x

y

z Lev

el

Subject


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Why are STANDARDS asVOLUNTARY DOCUMENTS important for trade?

Technical regulations sometimes also known asMandatory Standards are often based on or

are referred to voluntary standards.

Market forces can also lead to compulsory

compliance in some sectors e.g. ISO 9000and ISO 14000 standards.


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CONFORMITY ASSESSMENT PROCEDURES

Any procedure used, directly or indirectly, todetermine that relevant requirements in technicalregulations or standards are fulfilled.

Example:

procedures for sampling, testing and inspection;

evaluation, verification and assurance ofconformity; registration, accreditation, approval,etc.


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THE MARKET AND CONFORMITY ASSESSMENT

Demands forconformityassessment

Market

Product/Service

Producer

Consumer +Regions +

Nat. Govern.

Requirements

Certification Inspection Testing

body body laboratory


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MAIN OBLIGATIONS OF TBT AGREEMENT

To treat local products and imports equally

Measures are not prepared, adopted and appliedto create unnecessary obstacles to trade mustbe based on legitimate objectives

Measures to be based on international standards

Transparency - requirements to make notifications

on draft technical regulations, establish EnquiryPoint

Governments are encouraged to enter into MutualRecognition on results of conformity assessment


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LEGITIMATE OBJECTIVES -THE NEEDS FOR A TECHNICAL REGULATION

Legitimate

objectives

National security requirements

Prevention of deceptive practices

Protection of human health or safety

Animal or plant life or health

Environment


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TRADE CONCERNS: WHAT CAN WE DO?

Comment on notification - new measure

Request explanation of measure from Enquiry

Point or Member - existing measure

Bilateral consultations

Raise issue at the TBT Committee

Request consultations

Dispute settlement provisions ( Panel)


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THE WTO/TBT AGREEMENT

Benefits for the business community:

Transparency about standards, technicalregulations and conformity assessment procedures

Prompt information about technical regulations andconformity assessment procedures

Monitoring of proposed technical regulations and

conformity assessment procedures

Monitoring of proposed standards


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THE WTO/TBT AGREEMENT

Benefits for the business community:

Harmonization of technical regulations throughinternational standards

Non-discrimination between domestic andimported products for conformity assessmentprocedures

Avoidance of retesting and recertificationthrough recognition of conformity assessmentprocedures (e.g. Mutual Recognition)


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ENABLING EXPORT TRADE

Global MarketsSMEs

TBT & SPSBarriers

MarketInformation

Trade Barrier

Information

Exports

Finance

Technology

Business Services

Business Matching


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ASSISTANCE FOR EXPORTERS

Development

Assistance

Trade Barrier

Information

Market Related

Services

Technology

QualityImprovement

Financial Services

Business

Development

Conformity

Assessment

Standards

Conformity AssessmentProcedures

Technical Regulations

Customs Procedures

Trade data, Quotas and

Restrictions

FTAs and MRAs

Export/Import Permits

Market information

and intelligence Business matching

Trade promotions

Trade missions

Trade fairs

Advisory service


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TECHNICAL INFORMATION NEEDEDBY EXPORTERS

Meeting technical requirements is a pre-requisite tomarket access.

Obtaining information on technical barriers in exportmarkets can be a major problem to exporters.

Single product may require multiple types of technicalinformation.

Various types of information - Technical regulations,SPS measures and associated Conformity Assessment

Procedures, National Standards, private standards,specialised sector standards, Voluntary sector CAPs.

Information on changes in requirements, revised ornew requirements introduced by WTO.


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EXAMPLES OF MANDATORY REQUIREMENTS

Textiles (EU Directive 2008/121/EC & G/TBT/N/EEC/260):

This directive lays down rules concerning the use of textile

names and related labelling of textile products as well as

the rules concerning the quantitative analysis of binary and

ternary textile fibre mixtures.

Purpose: To harmonise the names of textile fibres and the

particulars appearing on labels, markings and documents

which accompany textile products at the various stages of

their production, processing and distribution.

Mandatory Requirement: LABELLING OF TEXTILE PRODUCTS

ARE COMPULSORY!


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EXAMPLES OF MANDATORY REQUIREMENTS

Wood Products (Toxic Substance Control Act &

G/TBT/N/USA/432):

To regulate formaldehyde emissions from pressed wood

products (particleboard, fiberboard, plywood, etc.).

Manufacturers are required to meet formaldehyde emissionstandards for any of these products that are sold, offered

for sale, supplied or manufactured for use in California.

Purpose: For the protection of human health and the

environment (Formaldehyde is an eye, nose and throatirritant and a probable human carcinogen)

Mandatory Requirement: NEED TO COMPLY WITH CARB ATCM

STANDARDS!


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MALAYSIAN REGULATION & STANDARDSRELATED TO KRAFTANGAN

Act: Perbadanan Kemajuan Kraftangan Malaysia Act 1979

[ACT 222]

Regulatory Agency: Lembaga Kraftangan

Malaysian Standards Available (Voluntary):

MS 692, Batik Malaysia (kraftangan) Spesifikasi

MS 1747-1, Tekstil Tenunan Malaysia Bahagian 1:

Songket Malaysia

MS 1747-3, Tekstil

Tenunan Malaysia

Bahagian 3:

Tenun Pahang


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WHAT IS AN ENQUIRY POINT ?

Article 10.1 of the TBT Agreement

Each Member shall ensure that an enquiry point exists whichis able to answer all reasonable enquiries from other Membersand interested parties in other members as well as to providethe relevant documents regarding.

Technical regulations, standards and conformityassessment procedures

Membership and participation in international and regionalstandardising bodies and conformity assessment

systems/bilateral and multilateral arrangement

Location of notices published

Location of other Enquiry Points (if any)


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OBJECTIVE OF THE ESTABLISHMENT

OF ENQUIRY POINT

To ensure that:

technical requirements are transparent

information on technical requirements isreadily available


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ACTIVITIES OF THE MALAYSIAN WTO/TBTENQUIRY & NOTIFICATION POINT

HANDLING ENQUIRIES ON REGULATIONS/STANDARDS

HANDLING FOREIGN NOTIFICATION

HANDLING MALAYSIAN NOTIFICATION

TECHNICAL SUPPORT TO THE NATIONAL TBTSUBCOMMITTEE


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Export Alert!

New service to disseminate information on foreignnotification

Export Alert sends you an e-mail warning when foreign

regulators are changing the requirements that apply toyour products.

This service gives you: automatic notification of proposed regulatory changes

in your specified field or countries of interest; access to full texts of draft regulatory measures; the opportunity to comment on changes.

https://alert.scc.ca/Malaysia/

ItsFREE!!!


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https://

alert.s

cc.c

a/Malaysia

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Registration

Key in your detailsKey in your particulars

https://

alert.s

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EP receives

request for

full text

https://

alert.s

cc.c

a/Malaysia

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https://

alert.s

cc.c

a/Malaysia

/


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WHERE TO GET INFORMATION ON:

1. Technical Regulations in individual countries:WTO/TBT Enquiry Point, SIRIM Berhad

2. National, Regional and International Standards:

WTO/TBT Enquiry Point or SIRIMs Technicallibrary

- Comprehensive collection of Malaysian, foreign

and international standards

- Library membership scheme

- Sales of Malaysian, foreign and international

standards


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SRMC as Market Access Information Provider

WTO/TBT Enquiry Point

Technical Library

Sales of

standards

Standardisation

InformationProvider for TBT


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Malaysian WTO/TBT Enquiry Point

Standards Research & Management CentreSIRIM Berhad.Email: [email protected]: 603 5544 6331Fax: 603 5510 6389Website: http://www.sirim.my/web/srmc/wto-home

SIRIM B h d YOUR PARTNER TO GLOBAL TRADE

sirim - piawaian produk ke pasaran a (awana genting, 19 mei 2012)

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