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CEPA > CEPA Clauses

CEPA Clauses

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Agreement on Trade in Goods

  • Article 58 – Conformity Assessment Procedures

    1. The two sides shall seek to facilitate the acceptance of the results of conformity assessment procedures conducted in the other side, with a view to increasing efficiency and ensuring cost effectiveness of conformity assessments.

    2. In the fields of electronic and electrical products, the two sides shall explore and promote mutual recognition of the certification results of originating electronic and electrical products between the Mainland and Hong Kong in order to facilitate trade.

    3. The two sides agree to encourage their conformity assessment bodies to work more closely with a view to facilitating the mutual acceptance of conformity assessment results.

  • Article 59 – Technical Cooperation

    3. With a view to increasing their mutual understanding of their respective systems, enhancing capacity building and facilitating trade, the two sides shall strengthen their technical cooperation in the following areas:

    • (ii) encouraging cooperation between conformity assessment bodies of the two sides

  • Article 68 – Trade Facilitation Measures in the Guangdong-Hong Kong-Macao Greater Bay Area

    The two sides agree, on the principles of mutually beneficial cooperation and facilitation of coordinated development, that the nine Pearl River Delta municipalities (note) and Hong Kong shall implement the following measures:

    • (v) To promote the mutual recognition of inspection and quarantine results on low risk goods, except for plants and animals and products from plants and animals, food and medicines, between the two sides.

    • (vi) To explore the expansion of the scope of acceptance of third party inspection, testing and certification results with respect to commodities and institutions, and provide expedited customs clearance treatment.

Note: The nine Pearl River Delta municipalities refer to Guangzhou, Shenzhen, Zhuhai, Foshan, Huizhou, Dongguan, Zhongshan, Jiangmen and Zhaoqing in Guangdong Province.

 

Agreement on Trade in Services

  • Table 1 of Annex 1: Reserved Restrictive Measures under Commercial Presence (Negative List)

    Sector: 1. Business Services
    Sub-sector:   F. Other Business Services

     e. Technical testing and analysis services (CPC8676)
    Obligations concerned: National Treatment
    Reserved Restrictive Measures: Commercial Presence

    Not to provide inspection services for Mainland-registered vessels.


    Sector: 11. Transport Services
    Sub-sector:   H. Services auxiliary to all modes of transport

     d. Other (CPC749)
    Obligations concerned: National Treatment
    Reserved Restrictive Measures: Commercial Presence

    Provision of tally services to foreign vessels is restricted to equity joint venture or contractual joint venture.

    For clarity and avoidance of doubt, Hong Kong service suppliers having registered in Hong Kong and independently engaging in the inspection and surveying business for over 3 years can be treated as the qualification of making the application to set up Import and Export Commodities Inspection and Surveying Organisations in the Mainland.
  • Table 2 of Annex 1: Liberalisation Measures under Cross-border Services (Positive List)

    Sectors or Sub-sectors 1. Business services
     F. Other business services
      e. Technical testing and analysis services (CPC8676) and Product testing services (CPC749)
    Specific commitments 1. To allow testing organisations in Hong Kong to cooperate with designated Mainland organisations to undertake testing of products for the China Compulsory Certification (CCC) System on all existing products processed in Hong Kong (i.e. the processing facilities are located in Hong Kong) that require CCC. These testing organisations have to be accredited by the accreditation body of the Government of Hong Kong Special Administrative Region (i.e. the Hong Kong Accreditation Service (HKAS)) to be capable of performing testing of the relevant products under the CCC System. Cooperation arrangements should comply with relevant requirements in the Regulations on Certification and Accreditation of the People's Republic of China.

    2. To allow testing organisations in Hong Kong to cooperate with designated Mainland organisations to undertake testing of products for the China Compulsory Certification (CCC) System. The on all products are under the "audio and visual apparatus" category of the CCC System, and have to be designed and prototyped in Hong Kong, as well as processed or manufactured in the Mainland that require CCC Guangdong Province. These testing organisations have to be accredited by the accreditation body of the Government of the Hong Kong Special Administrative Region (i.e. the Hong Kong Accreditation Service) to be competent in performing testing of the relevant products under the CCC System. [note: to be implemented on 1 March 2019.] (*)

    3. In the area of voluntary certification, to allow testing organisations in Hong Kong to cooperate with Mainland certification bodies to undertake testing of products manufactured or processed in Hong Kong or on the Mainland. These testing organisations have to be accredited by the accreditation body of the Government of the Hong Kong Special Administrative Region (i.e. the Hong Kong Accreditation Service) to be competent in performing testing of the relevant products.

    4. To implement, on a pilot basis, a mutual recognition arrangement of certification and relevant testing business among Guangdong, Hong Kong and Macao in the China (Guangdong) Pilot Free Trade Zone, with a view to carry out "certified once, tested once, and results accepted by three places".

    5. On the basis of mutual trust and mutual benefit, to allow testing and certification organisations in Hong Kong to cooperate with the Mainland testing and certification organisations in respect of acceptance of testing data (results). Specific cooperation arrangements are subject to further discussion.

    6. To allow contractual service providers employed by Hong Kong service suppliers, in the mode of movement of natural persons, to provide services under this sector or sub-sector on the Mainland.

(*) Details of amendments are marked in tracking mode.

 

Agreement on Economic and Technical Cooperation

Article 23(4) - Relevant authorities of the two sides will make use of existing cooperation channels to strengthen cooperation in the innovation of certification and accreditation systems, and support the certification, accreditation, inspection and testing organisations to conduct technical exchanges and cooperation.

Article 23(6) - Actively promote cooperation between Hong Kong’s testing laboratories and Mainland’s certification bodies which are members of international multilateral systems on mutual recognition of testing and certification that are open to national member bodies (such as the IECEE/CB system), so that Hong Kong’s testing laboratories can be recognised under these multilateral systems.

Article 23(7) - Actively consider recommending an eligible certification body located in Hong Kong to join the International Electrotechnical Commission System of Conformity Assessment Schemes for Electrotechnical Equipment and Components (IECEE) as a National Certification Body (NCB) of China.

Article 23(8) - Consider applications of eligible certification bodies set up by Hong Kong enterprises in the Mainland to become designated certification bodies under the China Compulsory Certification (CCC) System.

 

Agreement between the Mainland and Hong Kong on Achieving Basic Liberalization of Trade in Services in Guangdong clauses relating to testing and certification

  • Table 1 of Annex 1: Reserved Restrictive Measures under Commercial Presence (Negative List)

    Sector: 1. Business Services
    Sub-sector:   F. Other Business Services

     e. Technical testing and analysis services (CPC8676)
    Obligations concerned: National Treatment
    Reserved Restrictive Measures: Commercial Presence

    Wholly-owned companies set up are only allowed to provide inspection services for ships registered in Hong Kong.


    Sector: 11. Transport Services
    Sub-sector:   H. Services auxiliary to all modes of transport

     d. Other (CPC749)
    Obligations concerned: National Treatment
    Reserved Restrictive Measures: Commercial Presence

    Provision of tally services to foreign vessels is restricted to equity joint venture or contractual joint venture.

    For clarity and avoidance of doubt, Hong Kong service suppliers having registered in Hong Kong and independently engaging in the inspection and surveying business for over 3 years can be treated as the qualification of making the application to set up Import and Export Commodities Inspection and Surveying Organizations in the Mainland.
  • Table 2 of Annex 1: Additional Liberalization Measures under Cross-border Services (Positive List)

    Sectors or Sub-sectors 1. Business services
     F. Other business services
      e. Technical testing and analysis services (CPC8676)
    Specific commitments 1. In the area of voluntary certification, to allow testing organizations in Hong Kong to cooperate with Mainland certification bodies to undertake testing of products manufactured or processed in Hong Kong or in the Mainland. These testing organizations have to be accredited by the accreditation body of the Government of the Hong Kong Special Administrative Region (i.e. the Hong Kong Accreditation Service) to be competent in performing testing for the relevant products.

    2. To allow testing organizations in Hong Kong to cooperate with designated Mainland organizations to undertake testing of products for the China Compulsory Certification (CCC) System. The products are under the "audio and visual apparatus" category of the CCC System, and have to be designed and prototyped in Hong Kong, as well as processed or manufactured in Guangdong Province. These testing organizations have to be accredited by the accreditation body of the Government of the Hong Kong Special Administrative Region (i.e. the Hong Kong Accreditation Service) to be competent in performing testing for the relevant products under the CCC System.


Supplement X to CEPA clauses relating to testing and certification

  • Liberalization of Trade in Services
    1. To expand, on a pilot basis in Guangdong Province, the scope of testing services for the purpose of certification that can be undertaken by Hong Kong testing organizations from food to other areas of voluntary product certification.
    2. To accord to certification bodies, inspection bodies and laboratories jointly or solely set up in the Mainland by Hong Kong service suppliers, when participating in testing and certification activities, the same treatment as is accorded to Mainland certification bodies, inspection bodies and laboratories.
    3. On the basis of mutual trust and mutual benefit, to allow testing and certification organizations in Hong Kong to cooperate with the Mainland testing and certification organizations in respect of acceptance of testing data (results). Specific cooperation arrangements are subject to further discussion.
    4. To allow contractual service providers employed by Hong Kong service suppliers, in the mode of movement of natural persons, to provide services under this sector or sub-sector in the Mainland.

  • Trade and Investment Facilitation
    1. Promote Guangdong and Hong Kong mutual recognition of testing and certification results in respect of third-party testing and certification services.
    2. In accordance with specific certification requirements, promote Guangdong and Hong Kong mutual recognition of testing and certification results in respect of voluntary certification.
    3. With regard to promoting mutual recognition of testing and certification results under the China Compulsory Certification (CCC) System, the two sides agree to observe the relevant requirements of the related national laws, rules, regulations and treaties, including the Regulations on Certification and Accreditation of the People's Republic of China and CEPA.


Supplement IX to CEPA clause relating to testing and certification

  • Liberalization of Trade in Services
    To expand, on a pilot basis in Guangdong Province, the scope of certification services that can be undertaken by Hong Kong testing organizations to cover food.


Supplement VIII to CEPA clause relating to testing and certification

  • Liberalization of Trade in Services
    To expand, on the basis of Supplement VII to the CEPA, the scope of product testing that can be undertaken by testing organizations in Hong Kong for the China Compulsory Certification (CCC) System to all existing products processed in Hong Kong that require CCC. These testing organizations have to be accredited by the accreditation body of the Government of Hong Kong Special Administrative Region (i.e. the Hong Kong Accreditation Service) to be capable of performing testing for the relevant products under the CCC System.


Supplement VII to CEPA clauses relating to testing and certification

  • Liberalization of Trade in Services
    To allow testing organizations in Hong Kong to cooperate with designated Mainland organizations to undertake testing of products for the China Compulsory Certification (CCC) System on a pilot basis, for selected products listed in the CCC Catalogue and processed in Hong Kong (i.e. the processing facilities are located in Hong Kong).  These testing organizations have to be accredited by the accreditation body of the Government of Hong Kong Special Administrative Region (i.e. the Hong Kong Accreditation Service (HKAS)) to be capable of performing testing for the relevant products under the CCC System.  Cooperation arrangements should comply with relevant requirements in the Regulations of the People’s Republic of China on Certification and Accreditation.

  • Trade and Investment Facilitation
    To actively promote cooperation between Hong Kong’s testing laboratories and Mainland’s certification bodies which are members of international multilateral systems on mutual recognition of testing and certification that are open to national member bodies (such as the IECEE/CB system), so that Hong Kong’s testing laboratories can be recognized under these multilateral systems.