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Article 3.4 ‘Procedures’:

“Any dispute on the clarification shall be settled between the Member State and applicant concerned in a timely manner through consultation and verification of compliance based on the ASEAN Cosmetic Product Registration Requirements in Article 2 of this Arrangement.”

Article 5 ‘Dispute Settlement’:

“Any difference between Member States concerning the interpretation or implementation of this Agreement including the ASEAN Mutual Recognition Arrangement of Product Registration Approvals for Cosmetics and the ASEAN Cosmetic Directive, shall be settled amicably by consultation or negotiation among the Member States. 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, Philippines.”

Subsequently, this is one of the ‘covered agreements’ pursuant to Article 1.1 of the 2004 Protocol on Enhanced Dispute Settlement Mechanism read together with its Appendix I.

Schedule A – ASEAN Mutual Recognition Arrangement of Product Registration Approvals for Cosmetics

Schedule B – ASEAN Cosmetic Directive

Technical Requirements:

Appendix I: ASEAN Definition of Cosmetics and Illustrative List by Category of Cosmetic Product

Appendix II: ASEAN Cosmetic Labeling Requirements

Appendix III: ASEAN Cosmetic Claims Guidelines

Appendix IV: ASEAN Cosmetic Product Registration Requirements

Appendix V: Common Requirements for Import/Export of ASEAN Cosmetic Products

Appendix VI: ASEAN Guidelines for Cosmetic Good Manufacturing Practice

Article 7(2) ‘Final Provisions’:

“This Agreement shall be effective upon signing by all Member States.”

1998 ASEAN Framework Agreement on Mutual Recognition Arrangements

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

Note Article 3 ‘Technical Documents for Cosmetics’:

“Member States shall undertake appropriate measures to adopt and implement the following common technical documents which appear as Appendices and Annexes to the ASEAN Cosmetic Directive or the ASEAN Mutual Recognition Arrangement of Product Registration Approvals, as the case may be:

a) ASEAN Definition of Cosmetics and Illustrative List by Category of Cosmetic Products;

b) ASEAN Cosmetic Ingredient Listings and ASEAN Handbook of Cosmetic Ingredients;

c) ASEAN Cosmetic Labeling Requirements;

d) ASEAN Cosmetic Claims Guidelines;

e) ASEAN Cosmetic Product Registration Requirements;

f) ASEAN Cosmetic Import/Export Requirements; and

g) ASEAN Guidelines for Cosmetic Good Manufacturing Practice.”