A. General exceptions to the CEPT implementation obligations for AFTA1. Basis and scope of exceptions The CEPT regime includes a general exception clause in Article 9 according to which "a Member State may act and take such measures as it deems necessary for the protection of its national security, the protection of public morals, the protection of human, animal and plant life and health, as well as protection of property of artistic, historical and archaeological value". The concept of this exception is consistent with Article XX of the General Agreement on Tariffs and Trade of 1994, except that the GATT 1994 provision allows for more grounds to invoke exceptions under Article XX On the other hand, Article 9 of the CEPT does not provide sufficient detail for this exception but leaves it up to MPs to interpret it as they wish. The lack of specific details about the exception will leave members dependent on self-interpretation which could lead to disagreement among members. Additionally, ASEAN creates a general list of exceptions into which any product a member deems necessary for the protection of own national security. , public morality, human, animal or plant life and health and articles of artistic, historical or archaeological value. Many regional economic integration agreements, as well as Article XX of the GATT 1994, contain general exception provisions similar to those in Article 9 of the CEPT for AFTA; However, no one creates a general list of exceptions that allows a member to protect national security, public morals, human, animal or plant life and health, and items of artistic, historical and archaeological value. ASEAN members may invoke Article 9 of the CEPT scheme when it is necessary not to create a... means of paper... reiments. Pursuant to Article 2, paragraph 1 of the Protocol on Notification Procedures, the required notification must be made at least sixty days before such action or measure takes effect. Such notification shall be made to the SEOM and the ASEAN Secretariat. Article 4 of the Protocol on Notification Procedures provides that when submitting a notification, a Member State must provide sufficient information on the proposed action or measure to be taken, including a description of the action or measure to be taken, the reasons for taking the action or measure, as well as the expected date of implementation and the duration of the action or measure. Furthermore, before a Member State proposes to apply an action or measure, that Member must provide an adequate opportunity for prior discussion with Member States having an interest in the action or measure in question.
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