Page 249 - Regional Comprehensive Economic Partnership (RCEP)

disease prevalence. The Parties shall take into account the relevant decisions of the WTO SPS Committee and international
relevant decisions of the WTO SPS Committee and international standards, guidelines, and recommendations.
standards, guidelines, and recommendations.
2. When conducting a risk analysis, an importing Party shall:
2. The Parties may cooperate on the recognition of regional
conditions with the objective of acquiring confidence in the (a) ensure that the risk analysis is documented and that it
procedures followed by each Party for such recognition. provides the relevant exporting Party or Parties with an
opportunity to comment, in a manner to be determined by
3. On request of an exporting Party, an importing Party shall, without the importing Party;
undue delay, explain its process and plan for making a
determination of regional conditions. (b) consider risk management options that are not more trade
1
restrictive than required to achieve its appropriate level of
4. When an importing Party has received a request for a sanitary or phytosanitary protection; and
determination of regional conditions from an exporting Party and
has determined that the information provided by the exporting (c) select a risk management option that is not more trade
Party is sufficient, it shall initiate the assessment within a restrictive than required to achieve its appropriate level of
reasonable period of time. sanitary or phytosanitary protection, taking into account
technical and economic feasibility.
5. For such an assessment, reasonable access shall be given by the
exporting Party, upon request, to the importing Party for 3. On request of an exporting Party, an importing Party shall inform
inspection, testing, and other relevant procedures. the exporting Party of the progress of a specific risk analysis
request, and of any delay that may occur during the process.
6. On request of the exporting Party, the importing Party shall inform
the exporting Party of the status of the assessment. 4. Without prejudice to emergency measures, no Party shall stop the
importation of a good of another Party solely for the reason that
7. When an importing Party recognises specific regional conditions the importing Party is undertaking a review of a sanitary or
of an exporting Party, the importing Party shall communicate that phytosanitary measure, if the importing Party permitted
decision to the exporting Party in writing and implement the importation of the good of the other Party at the time of the
measures within a reasonable period of time. initiation of the review.

8. If the evaluation of the evidence provided by the exporting Party
2
does not result in a decision by the importing Party to recognise Article 5.8: Audit
the regional conditions, the importing Party shall provide the
exporting Party with the rationale for its decision in writing within 1. In undertaking an audit, each Party shall take into account the
a reasonable period of time. relevant decisions of the WTO SPS Committee and international
standards, guidelines, and recommendations.
9. The Parties involved in a determination recognising regional
conditions are encouraged, where mutually agreed, to report the
outcome to the Committee on Goods. 1
For the purpose of subparagraphs (b) and (c), a risk management option is not more
trade restrictive than required unless there is another option reasonably available,
taking into account technical and economic feasibility, that achieves the appropriate
Article 5.7: Risk Analysis level of sanitary or phytosanitary protection and is significantly less restrictive to trade.

1. The Parties shall strengthen their cooperation on risk analysis in 2 For greater certainty, without affecting the implementation of this Article, nothing in
accordance with the SPS Agreement while taking into account the this Article prevents a Party from adopting or maintaining halal requirements for food
and food products in accordance with Islamic law.

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