Page 247 - Regional Comprehensive Economic Partnership (RCEP)

(d) strengthen cooperation, communication, and consultation equivalence of specified sanitary or phytosanitary measures. The
among the Parties in the field of sanitary and phytosanitary recognition of equivalence under such bilateral recognition
measures; and arrangements may be with respect to a single measure, a group
of measures, or on a systems-wide basis. For this purpose,
(e) encourage the Parties’ participation in the development reasonable access shall be given by the exporting Party, upon
and adoption of international standards, guidelines, and request, to the importing Party for inspection, testing, and other
recommendations. relevant procedures.

5. As part of the consultation for equivalence recognition, on request
Article 5.3: Scope of the exporting Party, the importing Party shall explain and
provide:
This Chapter shall apply to all sanitary and phytosanitary measures of
the Parties, which may, directly or indirectly, affect trade among the (a) the rationale and objective of its measures; and
Parties.
(b) the specific risks its measures are intended to address.

Article 5.4: General Provision 6. The exporting Party shall provide necessary information in order
for the importing Party to commence an equivalence assessment.
Each Party affirms its rights and obligations with respect to each other Once the assessment commences, the importing Party shall,
Party under the SPS Agreement. upon request, and without undue delay, explain the process and
plan for making an equivalence determination.

Article 5.5: Equivalence 7. The consideration by a Party of a request from another Party for
recognition of the equivalence of its measures with regard to a
1. The Parties shall strengthen cooperation on equivalence in specific product, or group of products, shall not be in itself a
accordance with the SPS Agreement while taking into account the reason to disrupt or suspend ongoing imports from the Party of
relevant decisions of the WTO Committee on Sanitary and the product or products in question.
Phytosanitary Measures (hereinafter referred to as “WTO SPS
Committee” in this Chapter) and international standards, 8. When an importing Party recognises the equivalence of an
guidelines, and recommendations. exporting Party’s specific sanitary or phytosanitary measure,
group of measures, or measures on a systems-wide basis, the
2. An importing Party shall recognise the equivalence of a sanitary importing Party shall communicate the decision in writing to the
or phytosanitary measure if an exporting Party objectively exporting Party and implement the measure within a reasonable
demonstrates to the importing Party that the exporting Party’s period of time. The rationale shall be provided in writing by the
measure achieves the same level of protection as the importing importing Party in the event that the decision is negative.
Party’s measure, or that the exporting Party’s measure has the
same effect in achieving the objective as the importing Party’s 9. The Parties involved in a positive determination of equivalence
measure. are encouraged, where mutually agreed, to share information and
experiences at the Committee on Goods.
3. In determining the equivalence of a sanitary or phytosanitary
measure, the importing Party shall take into account available
knowledge, information, and experience, as well as the regulatory Article 5.6: Adaptation to Regional Conditions, including Pest- or
competence, of the exporting Party. Disease-Free Areas and Areas of Low Pest or Disease Prevalence

4. A Party shall, upon request, enter into consultation with the aim 1. The Parties recognise the concepts of regional conditions,
of achieving bilateral recognition arrangements on the including pest- or disease-free areas and areas of low pest or

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