Page 251 - Regional Comprehensive Economic Partnership (RCEP)

2. An audit shall be systems-based and conducted to assess the
effectiveness of the regulatory controls of the competent 3. The Parties recognise that an importing Party may, as appropriate,
authorities of the exporting Party to provide the required allow assurances with respect to sanitary or phytosanitary
assurances and meet the sanitary and phytosanitary measures of requirements to be provided through means other than certificates,
the importing Party. and that different systems may be capable of meeting the same
3
sanitary and phytosanitary objectives.
3. Prior to the commencement of an audit, the importing Party and
exporting Party involved shall exchange information on the 4. Where certification is required for trade in a good, the importing
objectives and scope of the audit and other matters related Party shall ensure that such certification requirements are applied
specifically to the commencement of an audit. only to the extent necessary to protect human, animal or plant life
or health.
4. The importing Party shall provide the exporting Party with an
opportunity to comment on the finding of an audit and take any 5. Without prejudice to each Party’s right to import controls, the
such comments into account before making its conclusions and importing Party shall accept certificates issued by the competent
taking any action. The importing Party shall provide a report or its authorities of the exporting Party that are in compliance with the
summary, setting out its conclusions in writing to the exporting regulatory requirements of the importing Party.
Party within a reasonable period of time. The importing Party shall
inform the exporting Party if a request is required to provide such
report or summary. Article 5.10: Import Checks

1. In applying import checks, each Party shall take into account the
Article 5.9: Certification relevant decisions of the WTO SPS Committee and international
standards, guidelines, and recommendations.
1. In applying certification requirements, each Party shall take into
account the relevant decisions of the WTO SPS Committee and 2. Import checks, conducted in accordance with the importing Party’s
international standards, guidelines, and recommendations. laws, regulations, and sanitary and phytosanitary requirements,
shall be based on the sanitary and phytosanitary risk associated
2. An exporting Party shall ensure that the documents, including with importations. In the event that import checks reveal a non-
certificates, that are required by an importing Party and provided compliance, the final decision or action taken by the importing
by the competent authorities of the exporting Party, to demonstrate Party shall be appropriate to the sanitary and phytosanitary risk
the fulfilment of the sanitary and phytosanitary requirements of the associated with the importation of the non-compliant product.
importing Party, are in the English language, unless the importing
Party and exporting Party agree otherwise. When the importing 3. If an importing Party prohibits or restricts the importation of a good
4
Party requires such documents, the importing Party shall of an exporting Party on the basis of non-compliance of that good
endeavour to provide the requirements for such documents in the found during an import check, the importing Party shall notify the
English language. Upon request, the importing Party shall provide importer or its representatives and, if the importing Party considers
a summary or explanation of such requirements. necessary, the exporting Party of such non-compliance.

4. When significant or recurring sanitary or phytosanitary non-
3 For greater certainty, nothing in this paragraph prevents an importing Party from
performing an inspection of a facility for the purposes of determining if the facility compliance associated with exported consignments is identified by
conforms with the importing Party’s sanitary or phytosanitary requirements or conforms the importing Party, the Parties concerned shall, on request of
with sanitary or phytosanitary requirements that the importing Party has determined to either Party, discuss the non-compliance to ensure that
be equivalent to its sanitary or phytosanitary requirements. appropriate remedial actions are taken to reduce such non-
compliance.
4 For greater certainty, this provision does not prevent the Parties from including
information for certification in other languages in addition to the English language.

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