ASEAN-Australia Development Cooperation Program (AADCP) Phase II Supporting Research and Dialogue in Consumer Protection Project Annual Conference 2014 Session 7 – Summary and Conclusions Ms Yap Lai Peng, Professor Luke Nottage, Professor Caron Beaton-Wells and Professor Justin Malbon 1 1st ACPC – Themes Overview: Consumer Protection in ASEAN – Priorities, Progress and Perspectives Session 1: Emerging Themes in Consumer Protection in ASEAN Session 2: Financial Transactions Session 3: Consumer Product Safety Session 4: E-Commerce Session 5: Development of Consumer Redress Mechanisms Session 6: Institutionalizing Consumer Protection in Developing Countries 2 1st ACPC – Key take away points The South East Asian region as the most exciting and dynamic region in the world with extraordinary change and economic development Broad diversity of actors engage and cooperate with ASEAN in promoting development and increasing economic stability Consumer protection – both a rights based approach and an assistance towards facilitating economic development through laws builds trust and engagement of consumers Significance of consumer protection laws and institutional frameworks already in place, establishing a strong framework to build upon Key message: Need for further cooperation, sharing of experiences and identifying areas where regional cooperation best works Key message: There are a number of ways to continue to develop consumer protection strategies – these include organic approaches as well as systematic review of strategies Next step: To see to identify ways to develop full systems to assist with the cooperative process through sharing of lessons learnt and experiences Project outputs (Policy Digests and Case Studies) has build a strong data source of information – next question is how these can be further disseminated and with greater effect 3 1st ACPC – Key take away points Notes that there are standards and approaches that form a foundation for consumer protection in the ASEAN region Key message: The emerging gap in the regulatory framework for general consumer goods is that there is not a provision that requires suppliers to tell regulators when they conduct a voluntary recall (Vietnam example of a similar requirement) Key message: Another gap is the broad requirement of supplies if they become aware of serious product related accidents (precautionary step). Once this is required, is reporting kept confidential (e.g. Australia) or published for the public (e.g. Japan) Next step: Information sharing mechanism enacting potential through FTA Notes that product liability laws and processes already exist in 6 AMS Key message: Need to for more effective ways to present to consumers opportunity to redress over faulty or defective products (e.g. Small Claims Courts and Tribunals). Notes that the emerging middle class in ASEAN means that, for cost effectiveness, need to identify ways to ensure that not all claims going through courts Next step: Need collective redress mechanism as means of facilitating class action We need to look at more specific areas, such as food, in more detail to enhance consumer safety 4 1st ACPC – Key take away points Important to look at CP as an important leaver, or driver, of economic growth Notes the AEC Blueprint as being significant to consider in the promotion of a highly effective economic region Key message: Importance of both individuals, and ASEAN, to be aware of interaction between competition policy and consumer protection law enforcements. This is both with regard to synergies and tensions between the two policy objectives. Next step: Need to look at the legal frameworks which will most likely promote the synergies between these policies objectives Notes that competition policy can be considered as an enhanced trade policy and barriers to trade Next step: Need to recognize the relationship – by understanding you are more likely to revise and review competition measures that are sensitive to consumer policy risks. Need to consider the context within which you are working in the development and implementation of these policies so as not to present barriers to market entry or present adverse effects regarding competition (avoid overly prescriptive approaches that might undermine innovation) Next step: At a regional level there is a need to continue a dialogue cross policy development and enforcement agencies Next step: Consider and explore enforcement coordination competition and consumer protection policy. Notes inter-agency cooperation, through various mechanism, can enhance the promotion of enforcement in cross-border contexts within ASEAN 5 What lessons learnt from the 1st ACPC could be applied in ASEAN and at the national level? 6 Policy Digests 13-24 Themes: Food Consumer Justice and Protection Enforcement Sustainable Consumption Defective goods Part 2: Manufacturers’ warranties Consumer policy and utility services Protecting consumers regarding insurance Enforcing product liability Consumer law enforcement Protecting vulnerable consumers Access to consumer remedies Food safety regulation under national and international law Best Practices for Developing Consumer Protection Policy Cosmetics and drugs regulation under national and international law Developing “ASEAN Guidelines for Product Recalls” for regulators and suppliers Resolving cross border disputes within ASEAN 7 Case Studies 3-4 Dual vs Integrated Consumer and Competition Enforcement Agencies: Pros and Cons of Different Institutional Design ASEAN Product Liability and Consumer Product Safety Regulation: Comparing National Laws and Free Trade Agreements Themes: Food Consumer Justice and Protection Enforcement Sustainable Consumption 8 Next Steps The 2nd ACPC to be held in Thailand, late 2015 How might the outputs from this project inform the Post-2015 Consumer Protection Action Plan? 9 Thank you for your attendance and participation 10