Memorandum of Understanding (Old MoU)

Memorandum of Understanding of the Asia-Pacific Legal Metrology Forum
Note: This is the old Memorandum of Understanding. Please refer to the revised version in 2022 here.

The Asia-Pacific Legal Metrology Forum (APLMF) first published the Directory of Legal Metrology in the Asia-Pacific in 1995 and 1998. Provided by legal metrology authorities in the Asia-Pacific region, it contains vast information on the legislation, institutional and operational aspects of legal metrology and thus facilitates understanding of each of the national legal metrology systems, building confidence, and developing mutual recognition among those authorities in the region.

Information is added as Member Economies provide it.

Effective Date of Agreement: 1 October 2003

Preamble
Definitions
Resolution
Objectives of APLMF
Modus Operandi
Rights of Members
Responsibilities of Members
The Memorandum of Understanding
Participation.

1. Preamble

The Asia–Pacific Legal Metrology Forum (APLMF) is a grouping of legal metrology authorities in the Asia–Pacific Economic Cooperation (APEC) economies and other economies on the Pacific Rim, whose objective is the development of legal metrology and the promotion of free and open trade in the region through the harmonisation and removal of technical or administrative barriers to trade in the field of legal metrology.

This Memorandum of Understanding represents a commitment by Members of APLMF to work towards achieving the aims of APLMF as outlined in this document using the mechanisms specified herein.

2. Definitions

a) Membership

Membership is open to legal metrology authorities established by an economy within the Asia–Pacific Region and other economies by decision of members of the Forum.

    b) Member

A Member is an authority or organisation responsible for legal metrology in its economy within the Asia–Pacific Region. When more than one authority in an economy has responsibility for legal metrology, each shall be eligible to apply to be a Member.

    c) Signatory

A signatory is a responsible official in whose name the Memorandum of Understanding is signed on behalf of the Member authority.

    d) Corresponding Member

A Corresponding Member is a regional organisation or authority with an interest in the work of the Forum.

    e) Delegate

Each Member can appoint a Delegate responsible for participation in the Forum, but each economy shall have only one vote.

The Memorandum of Understanding refers to "Signatories", "Members" and "Delegates".

Signatories, Heads of Member organisations and Delegates may or may not be the same person depending upon the circumstances appropriate to each economy.

    f) Asia–Pacific Region

The Asia–Pacific Region encompasses those economies on the Pacific Rim.

    g) President

Elected head of APLMF, holding office for a term of two years, with the possibility of a further term of two years being decided by the Forum.

    h) Region/Regional

The Asia–Pacific Region specifically.

3. Resolution

3.1 The Signatories to the Memorandum of Understanding declare their common intention to take part in the Asia–Pacific Legal Metrology Forum (APLMF), an Asia–Pacific collaboration in legal metrology, and to participate in its activities in pursuit of its objectives to the extent that this is possible.

3.2 The activities of the APLMF will be decided and coordinated by the Forum. The Forum ensures that specific tasks are pursued in accordance with the objectives of APLMF.

4. Objectives of APLMF

4.1 The members intend to collaborate in APLMF to promote the coordination and integrity of legal metrology activities and services in order to achieve greater harmony of measurement and testing within the Asia–Pacific Region and build mutual confidence in measurement between Members. Specific objectives are:

    a) To identify and promote the removal of technical or administrative barriers to trade in the field of legal metrology.

    b) To develop and maintain mutual confidence in measurement (metrological control) among legal metrology authorities in the Asia–
Pacific region.

    c) To provide a forum for exchange of information among legal metrology authorities.

    d) To promote mutual recognition arrangements among Members and with other regional groups and individual economies.

    e) To cooperate with the International Organisation of Legal Metrology (OIML) and promote the use and acceptance of OIML International
  Recommendations and other publications and the OIML Certification System.

    f) To collaborate with other regional bodies in the field of legal metrology.

    g) To coordinate regional training courses in legal metrology and facilitate exchange of staff among authorities.

    h) To facilitate the provision of cooperation and assistance in the development of the legal metrology infrastructure of members.

4.2 In pursuit of these objectives APLMF will seek to:

    a) Encourage and facilitate collaboration among interested Members on specific projects.

    b) Establish working groups in specific fields of legal metrology.

    c) Provide expertise in the field of measurement standards, pattern approval testing and conformance among Members through
  seminars, conferences, workshops, training programs, consultancies and technical publications.

    d) Initiate laboratory test intercomparisons among members to allow assessment of accuracies in order to gain international recognition
  of measurement capabilities of Member laboratories.

    e) Maintain an up-to-date database of technical infrastructure capabilities and services available within the Region.

    f) Establish and maintain effective links with other regional metrological organisations.

    g) Collaborate with other Asia–Pacific regional organisations that are active in measurement standards, pattern approval testing and
  conformance.

    h) Develop and maintain multilateral Mutual Recognition Arrangements (MRAs) among Members and seek to develop MRAs with other
regional organisations.

    i) Undertake other activities as decided by the Forum from time to time.

5. Modus Operandi

5.1 The working language of APLMF is English.

5.2 The Forum shall meet to review and discuss its aims and specific tasks. The Forum shall decide its rules of procedure. The Forum shall elect the President from among its Delegates for a period of two years. The President shall normally provide the necessary secretariat assistance to support the Forum.

Note: The following should be read in conjunction with "Rules of Procedure for APLMF Collaborations".

5.3. The President of the APLMF shall be responsible for establishing the Secretariat. The Forum may decide to establish membership fees and approve fees for participation in Forum meetings, workshops and seminars. The Forum will also seek assistance from funding agencies for specific projects.

5.4 Executive Committee

The Executive Committee shall be responsible for implementing the delegated objectives of the Forum.

      5.4.1 The composition of the Executive Committee:

    a) the President;
    b) the immediate past President;
    c) the Secretary;
    d) three Members from three separate Member economies.

      5.4.2 The three Members shall be drawn from three separate Member economies and elected by Members of the Forum. When an
  election is required for the three economies to be represented, it shall be on the basis of a simple majority of votes cast.

      5.4.3 The Executive Committee may elect from its Members a Vice-President.

      5.4.4 Members may, upon advice to the President nominate deputies for specific meetings.

      5.4.5 Meetings of the Executive Committee are open only to its Members except by invitation of the President.

      5.4.6 In the event of a casual vacancy occurring, the Member from which the previous member of the Executive Committee was drawn
  shall designate a replacement to complete the term of the previous member.

      5.4.7 Term of office of the Executive Committee

The Members of the Executive Committee shall normally be elected for a term of two years and may be re-elected for a second term of two years. The term of office for each Member shall be set to ensure overlap and continuity of experience within its Membership.

      5.4.8 Responsibilities of the Executive Committee

The responsibilities of the Executive Committee are to:

    a) implement and manage the decisions of the Forum between the meetings of the Forum and provide financial oversight;

    b) facilitate cooperation of the Forum with other regional and international organisations for the development and promotion of legal
metrology;

    c) endorse the appointment of members of Forum committees;

    d) ensure proper coordination among working groups of the Forum;

    e) draft proposals for consideration by the Forum;

    f) receive and discuss working group reports and prepare proposals for the Forum meeting based on these reports;

    g) meet at least once a year either in-person or through telephone, electronic mail or televisual communication.

6. Rights of Members

In order to achieve the objectives of the Forum, Members shall have the following rights.

6.1 Members participation in the Forum shall be voluntary and no decisions of the Forum shall be binding.

6.2 All Members shall have the right to propose specific projects. Such projects may be undertaken by interested Members on terms to be decided among participants.

6.3 Notwithstanding 6.2, Members shall have the right to conduct specific projects independent of the Forum.

6.4 All Members may seek the assistance of either the Secretariat or other Members directly and to enter into consultancies, secondments, or other mechanisms, on specific measurement problems, on terms to be decided between or among the parties concerned.

6.5 Corresponding members and OIML may attend and participate in Forum and Working Party meetings but shall not have the right to vote.

7. Responsibilities of Members

Members should actively pursue the objectives and tasks of the Forum. In particular, they will have the following responsibilities:

7.1 When an area of metrological activity is under consideration by the Forum, all Members shall normally make available to the Forum, information on current and planned work in that area, with the exception of any work carried out in confidence.

7.2 The attainment of the objectives of the Forum requires participation by Members to the extent commensurate with resources and expertise at their disposal. In particular, Members are encouraged to consult and utilise in delegations to Forum meetings and activities, representatives of manufacturers and others that are affected by legal metrology laws and regulations in their economy.

7.3 Members shall make every effort to ensure that necessary resources are made available under their internal procedures to attend meetings and to participate in Forum activities.

7.4 Members shall act through the President in all matters relating to Forum collaboration.

8. Memorandum of Understanding

8.1 The effective date of this Memorandum of Understanding shall be upon signature by at least ten legal metrology authorities in ten member economies, but will remain open for further participation within the defined Membership.

8.2 This Memorandum of Understanding may be amended by the following procedures:

    - any five member economies may propose an amendment;
    - the secretariat shall distribute the amendment for postal vote to all member economies for a voting period of 90 days;
    - for approval, an amendment shall receive positive support from at least two thirds of the member economies with no dissenting votes.

8.3 If a Member, for any reason whatever, intends to terminate its participation, the Signatory shall notify the President of the Forum of its intention as soon as possible, preferably not later than three months beforehand.

8.4 This Memorandum of Understanding shall include a preliminary term of two years. It will continue in effect unless, within the two-year period or any subsequent two-year period, revision or termination is proposed to the Forum by at least one third of the Signatories.

9. Participation

9.1 Participation in this Memorandum of Understanding shall be purely voluntary and will not have any binding effect in public international law.

Memorandum of Understanding of the Asia-Pacific Legal Metrology ForumNote: This is the old Memorandum of Understanding. Please refer to the revised version in 2022 here.