Page 253 - Regional Comprehensive Economic Partnership (RCEP)

Article 5.11: Emergency Measures 4. Each Party shall notify proposed measures or changes to sanitary
or phytosanitary measures that may have a significant effect on
1. If a Party adopts an emergency measure that is necessary for the the trade of other Parties through the online WTO Sanitary and
protection of human, animal or plant life or health and that may Phytosanitary Measures Notification Submission System, the
have an effect on trade, that Party shall immediately notify the contact points designated under Article 5.15 (Contact Points and
relevant exporting Parties in writing through the contact point or Competent Authorities), or already established communication
contact points designated under Article 5.15 (Contact Points and channels of the Parties.
Competent Authorities) or already established communication
channels of the Parties. 5. Unless urgent problems of health protection arise or threaten to
arise, or the measure is of a trade facilitating nature, a Party shall
2. The relevant exporting Parties may request discussions with the normally allow a period of at least 60 days for other Parties to
Party adopting an emergency measure referred to in paragraph provide written comments after it makes a notification pursuant to
1. Such discussions shall be held as soon as practicable. Each paragraph 4. A Party shall consider reasonable requests from
Party participating in the discussions shall endeavour to provide another Party to extend the comment period.
relevant information, and shall take due account of any
information provided through the discussions. 6. As part of the comment period referred to in paragraph 5, on
request of another Party and if appropriate and feasible, the
3. If a Party adopts an emergency measure, it shall review that notifying Party shall consider any scientific or trade concerns and
measure within a reasonable period of time or on request of the the availability of alternatives that the other Party may raise
exporting Party. The importing Party may, if necessary, request regarding the proposed measure.
relevant information and the exporting Party shall endeavour to
provide the relevant information to assist the importing Party in its 7. Upon request, a Party shall, within 30 days of the request, provide
review of the adopted emergency measure. The importing Party the requesting Party with the documents or a summary of the
shall provide the result of the review to the exporting Party upon documents describing the requirements of draft sanitary or
request. If the emergency measure is maintained after the review, phytosanitary measures notified to the WTO pursuant to
the importing Party should review the measure periodically based paragraph 4, in the English language.
on the most recent available information, and upon request, shall
explain the reason for the continuation of the emergency 8. Following the notification of sanitary or phytosanitary measures to
measure. the WTO, upon request, a Party shall provide the requesting Party
with the documents or a summary of the documents describing the
requirements of the adopted sanitary or phytosanitary measures,
Article 5.12: Transparency within a reasonable period of time as agreed by the relevant
Parties, in the English language.
1. The Parties recognise the importance of transparency as set out
in Annex B of the SPS Agreement. 9. A Party, on reasonable request of another Party, shall provide
relevant information and clarification regarding any sanitary or
2. The Parties recognise the importance of the exchange of phytosanitary measure to the requesting Party, within a
information on the development, adoption, and application of reasonable period of time, including:
sanitary and phytosanitary measures that may have significant
effects on trade among the Parties. (a) the sanitary or phytosanitary requirements that apply to the
import of specific products;
3. In implementing this Article, the Parties shall take into account the
relevant decisions of the WTO SPS Committee and international (b) the status of the requesting Party’s application; and
standards, guidelines, and recommendations.
(c) procedures for authorising the import of specific products.

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