WORLD TRADE G/TBT/N/PHL/53 2 August 2006 ORGANIZATION (06-3704) Committee on Technical Barriers to Trade Original: English NOTIFICATION The following notification is being circulated in accordance with Article 10.6. 1. Member to Agreement notifying: PHILIPPINES If applicable, name of local government involved (Articles 3.2 and 7.2): 2. Agency responsible: Department of Trade and Industry-Bureau of Product Standards Name and address (including telephone and fax numbers, e-mail and web-site addresses, if available) of agency or authority designated to handle comments regarding the notification shall be indicated if different from above: 3. Notified under Article 2.9.2 [ X ], 2.10.1 [ ], 5.6.2 [ ], 5.7.1 [ ], other: 4. Products covered (HS or CCCN where applicable, otherwise national tariff heading. ICS numbers may be provided in addition, where applicable): Industrial products (electrical/electronics; mechanical/building & construction; chemical and consumer) 5. Title, number of pages and language(s) of the notified document: Draft Department Administrative Order No.____, series of 2005 re: The New Rules and Regulations Concerning the Philippine Standard (PS) Quality and/or Safety Certification Mark Scheme of the Bureau of Product Standards (11 pages, in English). 6. Description of content: This notification is a revision of DAO 01: 1997. Under the implementation authority of the Bureau of Product Standards, the proposed DAO prescribes the rules and regulations governing the licensing of local and foreign companies to use the Philippine Standard (PS) Quality and/or Safety Certification Mark. Salient features of the proposed DAO include the following: Subject has been changed to the new rules and regulations concerning the PS Quality and/or Safety Certification Mark Scheme of the Bureau of Product Standards (BPS) Validity of the PS license is for three years (Clause 6) Establishment of Appeal Committee by the Advisory Committee as the need arises (Clause 3.7.6) Establishment of Technical Committee (Clause 3.8) Establishment of Certification Committee (Clause 3.9) License and Certificate has been defined distinctly from each other (Clause 2) . /. G/TBT/N/PHL/53 Page 2 7. The PS Certification Mark License is approved, signed and issued by the Bureau Director or its duly designated representative (Clause 5.8) Appeal procedure (Clause 5.9) Explicit provision regarding the licensee’s liability to damages cause by its product to consumers (Clause 7.1.2) Express provision regarding Product Recall System (Clause 7.1.4) QMS requirements to PNS 1SO 9001:2000 (Section 8) New clause on prohibited acts (Clause 9) Expense incurred by BPS in a lawsuit for reasons attributable to the licensee shall be charged to the licensee (Clause 11.5) New clause regarding separability of provisions (Clause 12) Repealing clause: existing PS License issued by BPS are not automatically invalidated (Clause 13) Increase in the fees and charges Objective and rationale, including the nature of urgent problems where applicable: (1) To comply with the requirements of ISO/IEC Guide 65:2001-General Requirements for Bodies Operating Certification Scheme (2) Consumer protection 8. Relevant documents: DAO 01: 1997 and ISO/IEC Guide 65:2001. Will appear in two newspapers of general circulation 9. Proposed date of adoption: Proposed date of entry into force: 10. Final date for comments: 30 September 2006 11. Texts available from: National enquiry point [ X ] or address, telephone and fax numbers, e-mail and web-site addresses, if available of the other body: Bureau of Product Standards 3/F Trade & Industry Bldg. 361 Sen. Gil J. Puyat Avenue Makati City, Philippines E-mail: bps@dti.gov.ph 2007