THE BUREAU OF STANDARDS, METROLOGY AND INSPECTION (BSMI),
STANDARDS, PRODUCTIVITY AND INNOVATION BOARD (SPRING Singapore),
hereinafter referred to as "the Parties"
CONSIDERING the traditional links of friendship that exist
between the Parties,
CONSIDERING their shared commitments to protect, inter alia,
human health and safety, animal and plant life and health and
the environment,
CONSIDERING their shared commitment to trade facilitation,
DESIRING to conclude an Arrangement providing for the mutual
recognition of the results of conformity assessment activities
required for access into their respective markets,
DESIRING to encourage greater international harmonisation of
standards and regulations,
DESIRING to encourage and complement the momentum of cooperation
undertaken in the Asia Pacific Economic Cooperation fora,
particularly the APEC mutual recognition arrangement on
conformity assessment of electrical and electronic equipment,
BEARING IN MIND their status as Contracting Parties to the
Marrakesh Arrangement Establishing the World Trade Organization,
and conscious of their rights and obligations under the
Agreement on Technical Barriers to Trade annexed thereto
(hereafter the TBT Agreement),
HAVE AGREED as follows:
PART I
Article 1
Definitions
1.1 All general terms concerning standards and conformity
assessment used in this Arrangement shall have the meaning
given in the definitions contained in ISO/IEC Guide 2:1996
"General terms and their definitions concerning
standardization and related activities" published by the
International Organization for Standardization and
International Electrotechnical Commission unless the context
requires otherwise. In addition, the following terms and
definitions shall apply for the purpose of this Arrangement:
accept means the use of the results of conformity assessment
activities as a basis for regulatory actions such as
approvals, licences, registrations and post-market
assessments of conformity;
acceptance has an equivalent meaning to accept;
conformity assessment means any activity concerned with
determining directly or indirectly that relevant Mandatory
Requirements are fulfilled;
Conformity Assessment Body means a body that conducts
conformity assessment activities and includes test
facilities and certification bodies;
Certification Body means a body, including product or
quality systems certification bodies, that may be designated
by one Party's Designating Authority in accordance with this
Arrangement to conduct certification to the other Party's
Mandatory Requirements;
Designating Authority means a body as specified under this
Arrangement established in the custom territory of a Party
with the necessary authority to designate, monitor, suspend,
remove suspension or withdraw designation of Conformity
Assessment Bodies within its jurisdiction.
designation means the authorisation by a Designating
Authority of a Conformity Assessment Body to undertake
specified conformity assessment activities;
designate has an equivalent meaning to designation;
low voltage has the same meaning as that defined in Band II
of International Electrotechnical Commission Standards
60449:1979 - Voltage bands for electrical installations in
buildings (IEC 60449:1979); and
Mandatory Requirements means the legislative, regulatory and
administrative requirements, that are the subject of this
Arrangement of the Party into which the product is being
supplied;
Regulatory Authority means an entity that exercises a legal
right to control the import, use or supply of products
within a Party's jurisdiction and may take enforcement
action to ensure that products marketed within its
jurisdiction comply with that Party's Mandatory
Requirements.
Stipulated Requirements means the criteria set out for the
designation of Conformity Assessment Bodies; and
Test Facility means a facility, including independent
laboratories or government testing bodies, that may be
designated by one Party's Designating Authority in
accordance with this Arrangement to undertake tests to the
other Party's Mandatory Requirements. However, the
manufacturers' own test facilities may be designated by one
Party's Designating Authority only to undertake
electromagnetic compatibility tests to the other Party's
Mandatory Requirements.
1.2 For the purposes of this Arrangement the singular should be
read to include the plural and vice versa when appropriate.
Article 2
Scope of this Arrangement
2.1 This Arrangement shall apply, on the one hand, to the
Separate Customs Territory of Taiwan, Penghu, Kinmen and
Matsu and, on the other hand, to Singapore.
2.2 Arrangements concluded by either Party with a third party
shall not impose any obligation on the other Party to accept
the results of conformity assessment undertaken in the third
party, save where there is an express Arrangement between
the Parties to do so.
2.3 The products to which this Arrangement applies are new
electrical and electronic equipment that are intended to be
either directly connected or plugged-in to the low voltage
supply or are battery powered on which either Party has
prescribed Mandatory Requirements applicable to imports as
set out in the applicable laws, regulations and
administrative provisions listed in Annex I, and which are:
2.3.1 not telecommunications equipment; and
2.3.2 not medical equipment.
2.4 This Arrangement does not require mutual acceptance of the
Mandatory Requirements of each Party, or mutual recognition
of the equivalence of such Mandatory Requirements. The
Parties shall, however, give consideration to increasing the
degree of harmonisation or equivalence of their respective
Mandatory Requirements, where appropriate and where
consistent with good regulatory practice. Where both Parties
agree that the standards or technical regulations are
harmonised or established as equivalent, a Party shall be
able to assess compliance with its own Mandatory
Requirements and this shall be deemed acceptable by the
other Party.
2.5 The Mandatory Requirements to which this Arrangement applies
shall be third party conformity assessment processes or
requirements for product certification for the equipment
referred to in Article 2 of this Arrangement. The applicable
laws, regulations and administrative provisions are set out
in Annex II.
2.6 The Conformity Assessment Bodies which may be designated
under this Arrangement shall be:
2.6.1 Test Facilities; or
2.6.2 Certification Bodies.
2.7 The conformity assessment activities for which Conformity
Assessment Bodies may be designated under this Arrangement
are:
2.7.1 testing by designated Test Facilities;
2.7.2 factory/product surveillance activities undertaken in
accordance with the relevant Mandatory Requirements by
designated Certification Bodies, the results of which are
supplemented by test results from designated Test
Facilities; and
2.7.3 certification by designated Certification Bodies.
Article 3
Obligations
3.1 BSMI shall accept certification of the results of conformity
assessment activities (including results of factory/product
surveillance activities and test results) to demonstrate
compliance with its Mandatory Requirements when the
conformity assessment activities are undertaken by
Conformity Assessment Bodies designated by SPRING Singapore
and registered by BSMI in accordance with Article 7 of this
Arrangement. Such certification shall be supplemented by
test results from Test Facilities designated by SPRING
Singapore and registered by BSMI. Upon receipt of such
assessments, BSMI shall complete the relevant product
approval processes within four (4) calendar days or two (2)
working days, whichever is the longer.
3.2 SPRING Singapore shall accept certification of the results
of conformity assessment activities (including results of
factory/product surveillance activities and test results) to
demonstrate compliance with its Mandatory Requirements when
the conformity assessment activities are undertaken by
Conformity Assessment Bodies designated by BSMI and
registered by SPRING Singapore in accordance with Article 7
of this Arrangement. Such certification shall be
supplemented by test results from Test Facilities designated
by BSMI and registered by SPRING Singapore. Upon receipt of
such assessments, SPRING Singapore shall complete the
relevant product registration processes within four (4)
calendar days or two (2) working days, whichever is the
longer.
3.3 Each Party shall, in accordance with Article 2.4 of the TBT
Agreement, use international standards, or the relevant
parts of international standards, as the basis for its
Mandatory Requirements where applicable international
standards exist or when their completion is imminent, except
when such international standards or their relevant parts
are ineffective or inappropriate.
Article 4
Exchange of information
4.1 The Parties shall exchange information concerning their
Mandatory Requirements, conformity assessment procedures and
regimes.
4.2 Each Party shall inform the other Party of any proposed
changes to its Mandatory Requirements. Except where
considerations of health, safety and environmental
protection warrant more urgent action, each Party shall
notify the other Party of the changes at least sixty (60)
calendar days before the changes enter into force.
4.3 When requested, the Parties will make every endeavour to
make copies of their Mandatory Requirements, and intended
changes thereto, available in English in a timely manner.
PART II
Article 5
Designating Authorities
5.1 The Parties shall ensure that their Designating Authorities
have the necessary authority to designate, monitor, suspend,
remove suspension and withdraw designation of the Conformity
Assessment Bodies within their respective jurisdictions.
5.2 Designating Authorities shall consult, as necessary, with
their counterparts in the other Party to ensure the
maintenance of confidence in conformity assessment processes
and procedures. This consultation may include joint
participation in audits related to conformity assessment
activities or other assessments of designated Conformity
Assessment Bodies, where such participation is appropriate,
technically possible and within reasonable cost.
5.3 For the purpose of this Arrangement, Designating Authorities
shall be:
5.3.1 BSMI for the Separate Customs Territory of Taiwan, Penghu,
Kinmen and Matsu; and
5.3.2 SPRING Singapore for Singapore.
Article 6
Joint Committee
6.1 A Joint Committee shall be established.
6.2 The Joint Committee shall be led by co-chairs representing
the Parties and shall comprise an equal number of senior
representatives from both Parties with an understanding of
this Arrangement, its objectives and application and with
the relevant expertise. A representative:
6.2.1 may be accompanied by advisers at meetings of the Joint
Committee; and
6.2.2 shall not hold a position which may give rise to a
conflict of interest.
6.3 The Joint Committee shall:
6.3.1 be responsible for administering and facilitating the
effective functioning of this Arrangement including:
6.3.1.1 facilitating the extension of this Arrangement,
including increasing the scope of this Arrangement;
6.3.1.2 resolving any questions or disputes relating to the
application of this Arrangement; and
6.3.1.3 the discharge of such other functions as provided for in
this Arrangement;
6.3.1.4 conducting a joint verification or requesting the Party
to conduct a verification of a proposed conformity
assessment body that this Party can not decide to
register, and making the decision regarding the
registration of this body after the completion of such
verification.
6.3.2 be the contact point for the Parties unless otherwise
specified in this Arrangement;
6.3.3 determine its own rules of procedure;
6.3.4 make its decisions and adopt its recommendations by
consensus; and
6.3.5 meet as and when required for the discharge of its
functions, including upon the request of either Party.
6.4 The Joint Committee may establish ad hoc groups to undertake
specific tasks, where necessary.
6.5 The Parties shall bring into effect the relevant decisions
of the Joint Committee.
Article 7
Designation and Registration of Conformity Assessment Bodies
7.1 The designating and registration of Conformity Assessment
Bodies shall be in accordance with applicable laws,
regulations and administrative provisions and meet with the
stipulated criteria for designation as set out in Annex III.
7.2 Designating Authorities shall specify the scope of the
conformity assessment activities for which a Conformity
Assessment Body has been designated. When a Conformity
Assessment Body is designated to undertake conformity
assessment activities with regard to particular Mandatory
Requirements, the relevant obligations of acceptance shall
be limited to the results of assessments in relation to
those particular Mandatory Requirements.
7.3 The following procedures shall apply to the registration of
a conformity assessment body:
7.3.1 each Party shall make a proposal that a conformity
assessment body of that Party designated by its
Designating Authority be registered under this
Arrangement, by presenting its proposal in writing,
supported by necessary documents, to the other Party.
7.3.2 the other Party shall consider whether the proposed
conformity assessment body complies with the criteria for
designation set out in the applicable laws, regulations
and administrative provisions of that other Party
specified in the Annexes and indicate its position
regarding the registration of that conformity assessment
body within ninety (90) calendar days from the receipt of
the proposal referred to in Article 7.3.1 above. In such
consideration, such other Party should assume that the
proposed conformity assessment body complies with the
aforementioned criteria.
7.3.3 In the event that the other Party is unable to make a
decision on the registration of the proposed conformity
assessment body, the other Party may request the Joint
Committee to conduct a joint verification of the proposed
body. After the completion of such verification, the Joint
Committee shall make the decision regarding the
registration of the proposed body and give both Parties
its decision in writing within fifteen (15) calendar days
from the completion of the joint verification.
7.4 Each Party shall give the other Party advance notice of at
least seven (7) calendar days, of any changes, including
suspensions, to their list of designated Conformity
Assessment Bodies.
7.5 Each Party shall inform the other Party, in an expeditious
manner, of any changes that affect a designated Conformity
Assessment Body's technical competence or compliance with
the relevant Stipulated Requirements.
7.6 Designating Authorities shall only designate Conformity
Assessment Bodies where the Conformity Assessment Body, or
the organisation of which the Conformity Assessment Body is
a part, is a legal person in the relevant jurisdiction.
7.7 Designated Conformity Assessment Bodies shall not be
adversely influenced by a body that manufactures or trades
in electrical and electronic equipment. Furthermore,
designated Conformity Assessment Bodies shall be impartial.
Any other services offered by the Conformity Assessment
Bodies shall be provided in a manner that does not
compromise the objectivity of their conformity assessment
activities and decisions.
7.8 The Parties shall ensure that their designated Conformity
Assessment Bodies participate in appropriate proficiency
testing programs and other comparative reviews, so that
confidence in their technical competence to undertake the
required conformity assessment activities is maintained.
7.9 Designating Authorities shall only designate Conformity
Assessment Bodies that are able to demonstrate that they
understand, have experience relevant to and are technically
competent to undertake the conformity assessment activities
for which they are designated.
7.10 Demonstration of technical competence shall be based on:
7.10.1 technological knowledge of the relevant products,
processes or services;
7.10.2 understanding of the technical standards and the general
risk protection requirements for which designation is
sought;
7.10.3 the experience relevant to the applicable Mandatory
Requirements;
7.10.4 the physical capability to perform the relevant
conformity assessment activities;
7.10.5 an adequate management of the conformity assessment
activities concerned; and
7.10.6 any other circumstance necessary to give assurance that
the conformity assessment activities shall be adequately
performed on a consistent basis.
7.11 In pursuance of Article 2.6.1, the basis for designating
Test Facilities shall be:
7.11.1 Accreditation to ISO/IEC 17025:1999, which shall
constitute sufficient proof of technical competence to
undertake conformity assessment activities that
demonstrate conformity with the Mandatory Requirements
for which they are to be designated provided that:
7.11.1 the accreditation process is conducted in compliance with
ISO/IEC Guide 58:1993; and
7.11.1.2 the accreditation body participates in mutual
recognition arrangements, such as the Asia Pacific
Laboratory Accreditation Cooperation (APLAC) Mutual
Recognition Arrangement, where they are subject to peer
evaluation of the competence of accreditation bodies and
the Test Facilities accredited by them.
OR
7.11.2 Membership in the IECEE CB Scheme.
7.12 In pursuance to Article 2.6.2, the basis for designating
Certification Bodies shall be:
7.12.1 Accreditation to ISO/IEC Guide 65:1996, which shall
constitute sufficient proof of technical competence to
undertake conformity assessment activities that
demonstrate conformity with the Mandatory Requirements
for which they are to be designated provided that:
7.12.1.1 the accreditation process is conducted in compliance
with ISO/IEC Guide 61:1996; and
7.12.1.2 the accreditation body is recognised by the designating
authority.
OR
7.12.2 Membership in the IECEE CB/FC Scheme.
OR
7.12.3 The conformity assessment body, which is part of the
Regulatory Authority of either Party under this
Arrangement.
7.13 In addition to Articles 7.11 and 7.12, a basis for
designating the registration assessment bodies shall also
be:
7.13.1 participation in training in the other Party's Mandatory
Requirements and relevant regulatory processes; and
7.13.2 understanding of the Mandatory Requirements and relevant
regulatory processes of the other Party.
7.14 When designating a Conformity Assessment Body, the
Designating Authority shall provide to the other Party the
following details in respect of each Conformity Assessment
Body it designates:
7.14.1 the name;
7.14.2 the postal address;
7.14.3 the facsimile (fax) number;
7.14.4 email address (if available);
7.14.5 name and telephone number of the contact person;
7.14.6 scope of designation detailing range of products,
reference standards, methods of certification, capability
and other relevant details;
7.14.7 designating procedure used; and
7.14.8 date of effect of designation.
Article 8
Verification, suspension and withdrawal of Conformity Assessment
Bodies
8.1 The Parties shall ensure that their designated Conformity
Assessment Bodies are available for verification of their
technical competence and compliance with the relevant
Stipulated Requirements.
8.2 Each Party retains the right to challenge a designated
Conformity Assessment Body's technical competence and
compliance with the relevant Stipulated Requirements. This
right shall be exercised only in exceptional circumstances
and where supported by relevant expert analysis and/or
evidence. A Party shall exercise this right by notifying the
other Party in writing. Such notification shall be
accompanied by the supporting expert analysis and/or
evidence.
8.3 Except in urgent circumstances, the Parties shall, prior to
a challenge under Article 8.2, enter into consultations with
a view to seeking a mutually satisfactory solution. In
urgent circumstances, consultations shall take place
immediately after the right to challenge has been exercised.
8.4 The consultations referred to in Article 8.3 shall be
conducted expeditiously with a view to resolving all issues
and seeking a mutually satisfactory solution within seventy
(70) calendar days. If this is not achieved, the Joint
Committee established under Article 6 shall be convened to
resolve the matter.
8.5 The Arrangement may provide for additional procedures, such
as verification and time limits, to be followed in relation
to a challenge.
8.6 Unless the Parties decide otherwise, the designation of the
challenged designated Conformity Assessment Body shall be
suspended by the relevant Designating Authority for the
relevant scope of designation from the time its technical
competence or compliance was challenged, until either:
8.6.1 the challenging Party is satisfied as to the competence
and compliance of the Conformity Assessment Body; or
8.6.2 the designation of the Conformity Assessment Body has been
withdrawn.
8.7 The results of conformity assessment activities, undertaken
by a designated Conformity Assessment Body on or before the
date of its suspension or withdrawal, shall remain valid for
acceptance for the purposes of Article 3 unless otherwise
agreed to by the Joint Committee.
8.8 The Parties shall compare methods used to verify that the
designated Conformity Assessment Bodies comply with the
Stipulated Requirements.
PART III
Article 9
Confidentiality
9.1 A Party shall not be required to disclose confidential
proprietary information to the other Party except where such
disclosure would be necessary for the Party to demonstrate
the competence of its designated Conformity Assessment
Bodies and conformity with the relevant Stipulated
Requirements.
9.2 A Party shall, in accordance with its applicable laws,
protect the confidentiality of any proprietary information
disclosed to it in connection with conformity assessment
activities and/or designation procedures.
Article 10
Preservation of Regulatory Authority
10.1 Each Party retains all authority under its laws to
interpret and implement its Mandatory Requirements.
10.2 This Arrangement does not limit the authority of a Party to
determine the level of protection it considers necessary
with regard to health, safety and the environment.
10.3 This Arrangement does not limit the authority of a Party to
take all appropriate measures whenever it ascertains that
products may not conform with its Mandatory Requirements.
Such measures may include withdrawing products from the
market, prohibiting their placement on the market,
restricting their free movement, initiating a product
recall, initiating legal proceedings or otherwise
preventing the recurrence of such problems, including
through a prohibition on imports. If a Party takes such
measures, it shall notify the other Party within fifteen
(15) calendar days of taking the measures, providing its
reasons.
Article 11
Entry into force and duration
11.1 This Arrangement shall enter into force on the first day of
the next month following the date on which the Parties have
exchanged notes confirming the completion of their
respective procedures for the entry into force of this
Arrangement.
11.2 Either Party may terminate this Arrangement by giving the
other Party six months' advance notice in writing.
11.3 Following termination of this Arrangement, a Party shall
continue to accept the results of conformity assessment
activities performed by designated Conformity Assessment
Bodies or Inspection Services prior to termination, unless
that Party decides otherwise based on health, safety and
environmental protection considerations.
Article 12
Final provisions
12.1 Any amendment to this Arrangement shall be by consensus in
writing and through the Joint Committee.
12.2 Where a Party changes its Mandatory Requirements for
products covered by this Arrangement, its obligations under
Articles 3 and 7 as applicable, shall extend to accepting
the results of conformity assessment activities in relation
to the changed Mandatory Requirements if these fall within
the scope of activities for which the relevant Conformity
Assessment Bodies have been designated in accordance with
this Arrangement.
12.3 This Arrangement is drawn up in duplicate in the English
and Chinese languages, both texts having equal validity. In
the case of any divergence of meaning between the two
texts, the English text will prevail.
IN WITNESS WHEREOF, the undersigned, have signed this
Arrangement.
For: The Bureau of Standards, For: The Standards, Productivity
Metrology and Inspection , and Innovation Board
By: _________________________ By: __________________________
Neng-Jong Lin Loh Khum Yean
Director General Chief Executive
Date: _______________________ Date: _______________________
Place: ______________________ Place: ______________________