2007 Protocol to Provide Special Consideration for Rice and Sugar

• ASEAN Documents
  • ASEAN Economic Community
    • ASEAN Economic Ministers
    • ASEAN Free Trade Area
    • Food, Agriculture and Forestry

From this Agreement, Article 6 ‘Settlement of Disputes’:

“The Protocol on Enhanced Dispute Settlement Mechanism for ASEAN shall apply in relation to any dispute arising from, or any difference between ASEAN Member States concerning the interpretation or application of this Protocol.”

As Article 24 of the subsequent 2009 ASEAN Trade in Goods Agreement (ATIGA) states that “The Protocol to Provide Special Consideration for Rice and Sugar signed on 23 August 2007 shall form an integral part of this Agreement”, the dispute settlement provisions of the 2009 ATIGA will apply.

ATIGA Article 89 ‘Dispute Settlement’:

“The ASEAN Protocol on Enhanced Dispute Settlement Mechanism, signed on 29 November 2004 in Vientiane, Lao PDR and amendments thereto, shall apply in relation to any dispute arising from, or any difference between Member States concerning the interpretation or application of this Agreement.”

This Protocol is one of the ‘Covered Agreements’ pursuant to Article 1.1 of the 2019 ASEAN Protocol on Enhanced Dispute Settlement Mechanism read together with its Appendix 1. 

This Agreement was previously one of the ‘Covered Agreements’ pursuant to Article 1.1 of the 1996 Protocol on Dispute Settlement Mechanism read together with its Appendix 1, as well as one of the ‘Covered Agreements’ pursuant to Article 1.1 of the 2004 ASEAN Protocol on Enhanced Dispute Settlement Mechanism read together with its Appendix I.

The 2019 Protocol will only apply with respect to new requests for consultations made on or after its entry into force (20 June 2022). Likewise, the 2004 Protocol will only apply with respect to disputes that arose after its entry into force (29 November 2004). The 1996 Protocol applies to all other disputes.

Secretary-General of ASEAN

ASEAN Legal Instruments

23/08/2007

Article 10.1 ‘Final Provisions’: “This Protocol shall enter into force upon signature.”

2010 Protocol to Amend the Protocol to Provide Special Consideration for Rice and Sugar

2003 Protocol to Amend the Agreement on the Common Effective Preferential Tariff Scheme for the ASEAN Free Trade Area for the Elimination of Import Duties

1995 Protocol to Amend the Common Effective Preferential Tariff Scheme for the ASEAN Free Trade Area

1992 Agreement on the Common Effective Preferential Tariff Scheme for the ASEAN Free Trade Area

2009 ASEAN Trade in Goods Agreement

2004 ASEAN Framework Agreement for the Integration of Priority Sectors

2000 Protocol Regarding the Implementation of the CEPT Scheme Temporary Exclusion List

1999 Protocol on Special Arrangements for Sensitive and Highly Sensitive Products

1994 General Agreement in Tariffs and Trade

1992 Framework Agreement on Enhancing ASEAN Economic Cooperation

ASEAN accessed on 19/08/2022

Note Article 1 ‘Objective and Scope’:

“1. The objective of this Protocol is to allow an ASEAN Member State to, under exceptional cases, request for waiver from the obligations imposed under the CEPT Agreement and its related Protocols, with regard to rice and sugar.

2. The exceptional cases shall include situations beyond those under Article 6 (Emergency Measures) of the CEPT Agreement, Article Vll (2) of the S/HS Products Protocol and the TEL Protocol.”