ASEAN Regulatory Cooperation Platform (ARCP) in 2023

Given the current challenging circumstances and the dynamic nature of the business environment, an increasing trend in the chemical management regulations, especially the ASEAN region has been observed. This reflects the chemical industry's dedication to ensuring the well-being of human health, safety, the environment and security.

Nevertheless, we acknowledge the need to establish a balance that permits the sustainable operations in a conducive business climate. The ARCP initiative launched in 2015 has been the key enabler to progress towards achieving a balanced approach, enabling collaborative efforts and contributing jointly to the success of the ASEAN community.

While the ARCP initiatives and programmes maintain its momentum in this region, the decision to rename the programme from ARCP (Project) to ARCP (Platform) aligns to our unwavering commitment throughout this lengthy and challenging journey of regulatory convergence.  

Various accomplishments of ARCP in 2023 have been achieved and these are outlined as follows:  

1. ARCP Mini Webinars
   Three sessions of the mini webinar were organised to continue to build industry capacity and capability. These sharing sessions aimed to enhance the knowledge in chemical management for the ASEAN community. It also helped to create a platform where regulator and industry representatives can comfortably exchange insights and learn from one another. Through sharing, we stay informed on the evolving regulatory developments and thus fostering opportunities for consultation and collaboration. This included requests received from developing economies to render knowledge and support to assist in their current process of regulatory development.
   
   
2. ARCP Workshop
   The Annual ARCP workshop resumed in an in-person setting and was successfully conducted from 6 to 8 November in Bangkok, Thailand. This included a dedicated Capacity & Capability workshop on Chemical Risk Assessment. The event retained approximately 65% of its attendees who had actively participated in ARCP activities in previous years. It witnessed the presence of around 50 in-person participants and additionally another 70 delegates who participated online, comprising government and industry representatives from 10 ASEAN Member States (AMS).
   
   The face-to-face meeting also provided a valuable opportunity for open dialogue sessions with the regulatory representatives. The engagements allowed greater clarity on some current regulatory requirements such as the tightening of customs controls for imports in some countries. Furthermore, the exchange of constructive feedback during these sessions had the potential to help enhance the current operational processes which will be beneficial for both the regulator and industry.
   
   

3. ARCP Guidance Documents
   The drafts of the newly developed ARCP guidance documents on New Substance Notification (NSN) and Chemical Risk Assessment (CRA) had been completed and were extensively discussed during the workshop. Valuable feedback and comments were sought from the regulators' perspective to refine and fine-tune these documents. This collaborative approach aimed to ensure the development of purposeful guides that can effectively assist ASEAN members in implementing chemical management regulations in their respective countries.

   Furthermore, the updated ARCP guidance document on GHS implementation, which includes new information additions on checklists for adopting new revisions and principles for implementing mutual acceptance, was also further shared during the workshop. These ARCP guidance documents maintained their "live" status, with updates incorporated, aligning to the constant evolving regulatory landscape. The enhanced alignment between AMS on GHS implementation was evident from the adoption of Versions 7 and 8 with mutual acceptance.
   
   The value derived from the efforts of ARCP is increasingly being recognized as it registered interests from regulator representatives stepping forward to actively participate and contribute in various ARCP workgroups dedicated to updating and drafting these guidance documents.

4. Outreach
   Amidst the various engagements with the AMS, maintaining a steadfast outreach to the broader stakeholders remains a crucial strategic direction of ARCP. The accomplishments of ARCP have been prominently highlighted at various regional and international forums and conferences. This concerted effort is aimed at ultimately securing official recognition and endorsement by AMS ministerial, serving as a catalyst for advancing regulatory cooperation and convergence.

1. ARCP Mini Webinars

• The first mini webinar for 2023 was held on 23 May, which was well attended by more than 100 delegates from the ASEAN members states (AMS). The programme of the mini-webinar was focused on sharing the practical experience on China’s current chemical control scheme and the recent regulatory developments.

Dr Jeff Li of Procter & Gamble, who is also a workgroup member of SCIC Emerging Regulation and ARCP New Substance Notification (NSN), shared an overview of China’s chemical control scheme and compared it to the ARCP guidance document on NSN, which was then in development stage. The recent development and future trend for overall China chemical management regulation was also shared which provided an insightful information to the delegates of the AMS.

• The ARCP Organising Committee conducted a webinar session last 27 July 2023 for the government and industry delegates among the ASEAN Member States (AMS) to learn more about SAICM initiatives and the path towards Beyond 2020 Instrument.

SAICM (Strategic Approach to International Chemicals Management) is an initiative led by the United Nations Environment Programme (UNEP). It operates as a voluntary program that provides a comprehensive policy framework for the sound management of chemicals and wastes throughout their life cycle. By employing a multi-sectoral and multi-stakeholder approach, countries leverage SAICM to help them enhance the holistic implementation of chemical management regulations that are relevant and effective at the national level.

The agenda of the webinar covered the following sharing by various speakers with Q&A session dedicated to each topic:

• • A background on SAICM initiatives including its goals and objectives by Mr Olivier Baldan, UNEP Secretariat
  • Sharing on METI (Ministry of Economy, Trade and Industry)’s Approach on SAICM by Ms. Kumiko Takeuchi, Assistant Director, Chemical Management Policy Division Manufacturing Industry Bureau of METI, Japan.
  • Ms Raleigh Davis of American Chemistry Council (ACC) shared some industry’s perspective on SAICM implementation - Industry and the Beyond 2020 Instrument
  • Round table sharing by regulators on their thoughts and perspectives on SAICM based on their involvement in SACIM initiatives:
    • Malaysia – by Ms. Hazlina YON, Director of Chemicals Management Division, Department of Occupational Safety and Health
    • Philippines - by Mr. Jose Joel D. Maleon, Senior Environmental Management Specialist, Environmental Management Bureau, Chemical Management Section
    • Indonesia - by Danny Rahdiansyah, Deputy Permanent Representative for UNEP and UNHabitat, Embassy of the Republic of Indonesia in Nairobi

Following the sharing of presentations, there were breakout discussion sessions where many government and industry delegates from the ASEAN Member States (AMS) expressed their interest in actively participating in future SAICM activities. Their enthusiasm highlights the value they see in engaging with SAICM initiatives and underscores their commitment to furthering chemical management efforts in the region.

Government representatives who have attended were from the standards bodies, environmental agencies, trade ministries and workplace safety.

The active engagement from all stakeholders is important in SAICM negotiations. SAICM will serve as the relevant framework in addressing global challenges and issues related to chemicals and waste management. It is through active participation that we can then leverage resources to bridge the gap between developed and developing nations in the field of sustainable management of chemicals and waste.

• On 26 Sept 2023, the third ARCP mini webinar was focused on enhancing knowledge on risk assessment. The speaker, Ms. Katherine Heim, a Senior Human Health Toxicologist at NiPERA Inc. and a member of the ARCP Experts Workgroup on Chemical Risk Assessment, provided attendees with a comprehensive overview of various elements of risk assessment and their associated concepts. This was aimed at equipping delegates involved in regulatory risk assessment with a better understanding of the subject.

The aim of this presentation was also to prepare the delegates for a more in-depth Risk Assessment Capacity Building workshop in the upcoming ARCP Workshop in November 2023, where the draft ASEAN Guidance Document on Risk Assessment, developed by the Chemical Risk Assessment Virtual Working Group (CRA VWG), will be shared. The topic generated significant interest, with over 100 delegates from ASEAN member states (AMS) actively posting questions during the discussion.

1. ARCP Workshop

The annual workshop was held from 6 to 8 Nov 2023 in Bangkok, Thailand.  On behalf of the ARCP Organising Committee, Mr Terence Koh, Executive Director of the Singapore Chemical Industry Council (SCIC) delivered the opening address to welcome all the delegates. The 2-days workshop progamme was curated to cover the following 5 sessions:

• Session 1: Outlook on Trade Environment and Landscape

The workshop commenced with broad sharing and discussion on the trade environment and landscape.

Ms Jittima Nakamano, Director of Bureau of ASEAN Economic Community (AEC), Department of Trade Negotiations (DTN), Ministry of Commerce, Thailand shared updates and developments of ASEAN Economic Community including highlights on the key characteristics of the AEC blueprint 2025 which including ASEAN Green agenda and Framework for Circular Economy for AEC and Post-2025 vision.

It was followed by a panel discussion with focus on the broader trade agenda including opportunities to leverage ASEAN harmonization, related trade discussions in the WTO, IPEF, and APEC. The panellist comprised of:

• • • Lisa Schroeter, ICCA representative (Moderator)
    • Kent Shigetomi, U.S. Trade Representative for WTO and Multilateral Affairs, Office of the U.S. Trade Representative
    • Jason Bernstein, American Chemistry Council (ACC)
    • Fabien Henry, Singapore Chemical Industry Council (SCIC) / Nickel Institute

The discussion was centered specifically on the significance of regulatory cooperation in fostering integration and streamlining trade facilitation, thus being identified as a potential avenue for improved coordination at both regional and multilateral levels.

• Session 2: New Substance Notification (NSN) and Session 3: Chemical Risk Assessment (CRA)

The ARCP Virtual Workgroups VWG also took the opportunity to further engage the AMS including both regulator and industry delegates in breakout sessions including the use of in-depth case studies. These sessions have been effective in actively seeking comments and feedback from AMS delegates, providing valuable insights for the refinement of the guidance document currently under development by the NSN and CRA Virtual Working Group (VWG) members. The inputs gathered from these discussions will be deliberated further and considered for incorporation, ensuring that the final guidance document reflects the collective expertise and perspectives of the AMS delegates.

• Session 4: Trends on Emerging Regulatory Developments

Two topics on emerging trends were shared as additional insights for delegates:

• • Global Framework on Chemicals - A planet free of harm from chemicals and waste

Mr. Olivier from UNEP provided insightful updates on the Global Framework on Chemicals, marking a significant evolution from SAICM.

• • PFAS regulatory updates

Dr Leo Ou from SGS shared some updates, compliance and industry complications related to PFAS.

• Session 5: Globally Harmonised System (GHS)
  • An update on the concept notes by APEC CD related to GHS were shared with the AMS delegates. The breakout exercise also allowed the AMS delegates to have a further discussion on leveraging the use of updated ARCP guidance document (with GHS implementation checklist and mutual acceptance principles).

• • Ms Yuko Miyata from ICCA also provided the latest GH developments updates with reference to the new hazard classes introduced in EU and its global impact.

As part of the programme, each AMS also shared the key updates and developments of emerging regulation. The effective AMS network of sharing has provided insights and valuable learnings through the experiences sharing. The following topics were shared:

• • Topic 1: What is the regulatory focus and/or updates related to chemical management by the Ministry/Agencies?

• • Topic 2: What are the emerging/new trends of the regulatory areas of focus by the Ministry/Agencies?

Day-3 of the ARCP workgroup was dedicated to building knowledge in chemical prioritization and risk assessment (RA) including hands-on experience on the use of the tools and software to support the work of RA process.

C. ARCP Guidance Documents

These ARCP guidance documents developed have proven to be valuable references for the AMS in their development stage of chemical management regulatory implementation. This further promotes the development of regulatory requirements that will eventually aligned among AMS.

D. Outreach

• • Indo-Pacific Economic Framework (IPEF) negotiation – May2023 Singapore

It provides a platform for countries to collaborate on advancing resilient, sustainable and inclusive economic growth, and aims to contribute to cooperation, stability, and prosperity in the region. The four IPEF Pillars of cooperation included Trade, Supply Chains, Clean Economy and Fair Economy. ARCP Co-chairs took the opportunity to deliver a brief intervention on issues of interest in IPEF during the side-line Stakeholder Listening Session and highlighted the need to address non-tariff barriers to trade.

• • Sharing of ARCP at other platforms including:
    • APEC Chemical Dialogue
    • AMEICC meeting
    • ChemCon America Mar 2023
    • Chemical Watch Regulatory Summit Asia 30 May 2023
    • Global Silicones Council 24 Aug 2023
    • International Chemical Substances Management Seminar (For Taiwan Regulators and Industry) 20 Oct 2023
    • SETAC conference Nov 2023

Enhanced regulatory cooperation in AMS addresses non-tariff trade barriers by promoting coordination, efficient resource utilization, and alignment of regulatory processes among trading partners. Having a coherent regulatory environment allows the member states to export their products to the rest of the ASEAN with confidence. This facilitates faster adoption of regulatory structures, ensuring stability, global standards compliance, and supporting economic growth.

Collaboration efforts create a network of sharing good practices, fostering learning among regulators and industry members, particularly SMEs. Capacity-building initiatives further equip regulators with the skills needed for effective chemical management policies and implementation

The ARCP will continue its mission towards achieving the official recognition as the key driver in steering alignment of chemical regulatory requirements and standards among AMS. This recognition will facilitate the shift from a linear to a circular model, paving the way for a sustainable economy for the future.

Contributed by:

ARCP Organising Committee

Disclaimer
The article published is for circulation by ICCA for its members only. It should not be disseminated beyond the intended circulation.