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

2003 CEPT Protocol

• ASEAN Documents
  • ASEAN Economic Community
    • ASEAN Economic Ministers
    • ASEAN Free Trade Area

Article 8 ‘Consultations’ of the 1992 CEPT-AFTA Agreement:

“1. Member States shall accord adequate opportunity for consultations regarding any representations made by other Member States with respect to any matter affecting the implementation of this Agreement. The Council referred to in Article 7 of this Agreement, may seek guidance from the AEM in respect of any matter for which it has not been possible to find a satisfactory solution during previous consultations.

2. Member States, which consider that any other Member State has not carried out its obligations under this Agreement, resulting in the nullifications or impairment of any benefit accruing to them, may, with a view to achieving satisfactory adjustment of the matter, make representations or proposal to the other Member States concerned, which shall give due consideration to the representations or proposal made to it.

3. Any differences between the Member States concerning the interpretation or application of this Agreement shall, as far as possible, be settled amicably between the parties. If such differences cannot be settled amicably, it shall be submitted to the Council referred to in Article 7 of this Agreement, and, if necessary, to the AEM.”

The 1992 Agreement on the Common Effective Preferential Tariff Scheme for the ASEAN Free Trade Area was 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. It 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.

Secretary-General of ASEAN

Interpretative Notes

ASEAN Legal Instruments

31/01/2003

Article 2(1) ‘Final Provisions’: “This Protocol shall be effective upon signing.”

Superseded by the 2009 ASEAN Trade in Goods Agreement pursuant to Article 91(2) of the latter read together with its Annex 11. See additional information below.

2007 Protocol to Provide Special Consideration for Rice and Sugar

2004 ASEAN Framework Agreement for the Integration of Priority Sectors

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

2000 e-ASEAN Framework Agreement

1998 ASEAN Framework Agreement on Mutual Recognition Arrangements

1998 Protocol on Notification Procedures

1997 ASEAN Agreement on Customs

1995 ASEAN Framework Agreement on Services

ASEAN Secretariat accessed on 19/08/2022

Article 1 ‘Elimination of Import Duties’:

“3. The provisions of Articles 4(C)(1) and 4(C)(2) of the Agreement shall not apply to the list of products of Member States contained in Annexes 1 and 2 of the Protocol on the Special Arrangement for Sensitive and Highly Sensitive Products. The tariff reduction schedule for these products shall be governed by Article III of the Protocol on the Special Arrangement for Sensitive and Highly Sensitive Products.”

Note on date of termination of this agreement: This Protocol have been superseded pursuant to Article 91(2) of the 2009 ASEAN Trade in Goods Agreement read together with its Annex 11. Annex 11 was approved by the ASEAN Free Trade Area Council on 10 August 2011, but the Annex does not specify the date of termination of this agreement. It is unclear if the termination is retroactive to the date of entry into force of the 2009 ASEAN Trade in Goods Agreement on 17 May 2010.