RESTRICTEDWORLD TRADE
ORGANIZATIONWT/ACC/KHM/8
11 December 2001
(01-6270)
Working Party on the
Accession of CambodiaOriginal:  English
ACCESSION OF CAMBODIA
Checklist of TBT Requirements and Implementation by the Kingdom of Cambodia
The Government of the Kingdom of Cambodia has submitted the following Checklist of TBT
requirements and implementation by Cambodia, with the request that it be circulated to members of
the Working Party.
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Page 2Checklist of TBT Issues
Commitments (by the time of accession) WTO Reference Domestic Regulations/Progress in Implementation
1. Standstill: the introduction of new standards,
technical regulations and conformity assessment
procedures should be fully compatible with theTBT Agreement1. Generally agreed principle in
WTO accession negotiationsThe basic rules and procedures for adopting new standards, technical
regulations and conformity assessment procedures are provided for in the
Sub-Decree on Industrial Standards No.42/ANK/BK of 15 May 2001. ThisSub-Decree also, to a large extent, takes into account the provisions of theTBT Agreement such as transparency and public awareness, possibilities to
submit comments, reliance on international standards, etc. (A copy of theSub-Decree is submitted to the Working Party for consultation).
In order to comply with the requirements of the TBT Agreement, Cambodia
will adopt a Law on Industrial Standards of Cambodia. The draft Law isbeing drafted by the Ministry of Industry, Mines and Energy, then the draftwill be discussed and finalized by the Industrial Standards TechnicalCommittee and submitted to the Council of Ministers for approval. Itsadoption by the National Assembly is expected in 2003.
2. Submission of Statement on Implementation 2. Article 15.2 and TBT
Committee Decision
(G/TBT/1)Upon its accession to the WTO, Cambodia will endeavour to implement
fully the TBT Agreement and provide relevant notifications on the
implementation. However, taking into account Cambodia’s LDC status andprovisions on special and differential treatment of the Agreement, Cambodiawill require comprehensive technical assistance from WTO members andrelevant international organizations.
3. Establishment and operation of a single Contact
Point for Information ("inquiry point")3. Article 10The Industrial Standards Technical Committee is considering this matter.
Cambodia seeks practical assistance from WTO members and their
respective inquiry points in establishing such body in Cambodia.
4. Identification of authority responsible for
notifications, publications and other internal
procedures to ensure tran sparency obligations are
met on an ongoing basis:4. Articles 2, 3, 5, 7, 10, 15.2,
Annex 3 and G/TBT/1It is expected that the Department of Industrial Standards of Cambodia (ISC)
under the Ministry of Industry, Mines and Energy will be a focal point for
such matters.
(a) identification of publication where notices of
proposed technical regulations and conformityassessment procedures will appear;(a) Articles 2.9.1, 3.1,
5.6.1, 7.1, 10.1.5The Department of ISC intends to publish a regular Bulletin or Gazette
where notices of proposed technical regulations and conformity assessmentprocedures would appear.
(b) identification of authority responsible for
making notifications to the WTO;(b) Article 2.9.2, 2.10.1,
3.2, 3.3, 5.6.2, 5.7.1,7.2, 7.3, 10.7, 10.10It is expected that the Department of ISC under the Ministry of Industry,
Mines and Energy will be a focal point for WTO notifications.WT/ACC/KHM/8
Page 3Commitments (by the time of accession) WTO Reference Domestic Regulations/Progress in Implementation
(c) guidance/law to ensure regulatory authorities
afford non-discriminatory consideration ofcomments in the preparation of a finalregulation;(c) Articles 2.9.4, 2.10.3,
3.15 3.3, 5.6.4, 5.7.3,7.1, 7.3Article 10 of the Sub-Decree on Industrial Standards of Cambodia provides
for any interested person to submit comments or objections concerning draftregulations.
(d) guidance/law to ensure regulatory authorities
allow a reasonable period of time between the
final publication of a technical regulation and
conformity assessment procedure and its entryinto force so that suppliers can adapt;(d) Articles 2.11, 2.12, 3.1,
5.8, 5.9, 7.1This requirement will be duly reflected in the draft Law on Industrial
Standards of Cambodia.
(e) publication and notification of work
programme for standards and non-governmental conformity assessmentprocedures, including publication of notices of
draft standards and an opportunity for public
comment.(e) Article 4, Annex 3 (J,
K, L, N, 0);  Article 8.1Articles 10 and 11 of the above Sub-Decree provides for a period for public
comments with regard to new draft regulations or amendment, revision orwithdrawal of regulations. These periods are 45 days for new drafts and 30days for amended, revised or withdrawn drafts.
5. Development and Application of Technical
Regulations and Conformity AssessmentProcedures: Existence of legal and/oradministrative underpinnings (or reasonablemeasures" as appropriate) to ensure ongoing
compliance with provisions of the agreement
concerning, in particular:5. Articles 2, 3, 5, 6, 7
(a) non-discrimination with respect to the
treatment of products;(a) Articles 2.1, 3.1, 5.1,
5.2, 7.1This provision will be reflected in the draft Law on Industrial Standards of
Cambodia.
(b) the prohibition of unnecessary obstacles to
international trade and the consideration ofless trade-restrictive alternatives to fulfillinglegitimate objectives;(b) Articles 2.2, 3.1, 5.1,
5.2, 7.1This provision will be reflected in the draft Law on Industrial Standards of
Cambodia.
(c) the ongoing review of technical regulations to
ensure they are appropriate to achieve the
desired legitimate objective;(c) Article 2.3, 3.1, 7.1 This provision will be reflected in the draft Law on Industrial Standards of
Cambodia.WT/ACC/KHM/8
Page 4Commitments (by the time of accession) WTO Reference Domestic Regulations/Progress in Implementation
(d) the consideration of appropriate international
standards, guides and recommendations as abasis for technical regulations and conformityassessment procedures;(d) Article 2.4, 3.1, 5.4, 7.1 This provision will be reflected in the draft Law on Industrial Standards of
Cambodia. In practice, Cambodia is already committed to applyinternational standards and regulations for 20 priority product groups underthe ASEAN Framework Agreement on Mutual Recognition Arrangements.
(e) the consideration of equivalent technical
regulations of other Members;(e) Article 2.7, 3.1, 7.1 Article 5 of the above Sub-Decree envisages coordination with regard to
technical regulations of other countries. In practice, when developing new
technical regulations, those of other countries and/or international standards
are usually considered or relied upon.
(f) the acceptance of the results of conformity
assessment procedures conducted by bodies inan exporting Member country;(f) Article 6, 7.1 Article 5 of the above Sub-Decree provides for cooperation and coordination
in conformity assessment procedures within the ASEAN FrameworkAgreement on Mutual Recognition Arrangements and relevant internationalagreements.
(g) non-discriminatory and cost-based fee
structure.(g) Article 5.2, 7.1, 10.4 At present, no fees are collected. Article 20 of the above Sub-Decree
provides that service-based and non-discriminatory fee structure will be
established by the joint Prakas of the Ministry of Industry, Mines and
Energy and the Ministry of Economy and Finance.
6. Development and Application of Standards and
Conformity Assessment Procedures: Existence oflegal and/or administrative underpinnings (or "reasonable measures" as appropriate) to ensureongoing compliance with provisions of the
agreement concerning, in particular:6. Article 4 and Annex 3, Article
8
(a) non-discrimination with respect to the
treatment of products;(a) Annex 3 (D), Article
8.1This provision may be reflected in the draft Law on Industrial Standards of
Cambodia.
(b) the prohibition of unnecessary obstacles to
international trade;(b) Annex 3 (E), Article
8.1This provision may be reflected in the draft Law on Industrial Standards of
Cambodia.
(c) the consideration of appropriate international
standards, guides and recommendations as abasis for standards;(c) Annex 3 (F), Article
8.1Article 5 of the above Sub-Decree.WT/ACC/KHM/8
Page 5Commitments (by the time of accession) WTO Reference Domestic Regulations/Progress in Implementation
(d) non-discriminatory and cost-based fee
structure.(d) Annex 3 (M), Annex 3
(P), Articles 8.1, 10.4Article 20 of the above Sub-Decree provides that service-based and non-
discriminatory fee structure will be established by the joint Prakas of theMinistry of Industry, Mines and Energy and the Ministry of Economy andFinance.
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