Exchange of information
A Party may, through the CEPA Contact Points established pursuant to Article 24.6 , submit a request to the other Party for information1 on that Party’s existing or future measures that it considers of relevance for bilateral trade or investment relations between the Parties. The Party submitting such request shall include therein a substantiated reasoning that presents its underlying trade-related or investment-related considerations.
Within 15 days2 from receipt of a request pursuant to paragraph 1, unless otherwise agreed by the Parties, the requested Party shall respond to the request as appropriate. The Parties may engage in an exchange of information on this basis.
The exchange of information pursuant to paragraph 2 shall be carried out with a view to seek a common understanding on the measure or measures covered in the request. It may be carried out in person, in writing, including through the submission of written questions and responses, or by any other means as agreed by the Parties. Unless otherwise agreed by the Parties, an exchange of information pursuant to paragraph 2 shall not exceed 30 days from the date of receipt of the response provided by the requested Party.
Article ARTICLE 21.3
Follow-up discussions
If, after the exchange of information conducted pursuant to paragraph 3 of Article 23.2 (Exchange of Information), the requesting Party referred to in paragraph 1 of Article 23.2 (Exchange of Information) has concerns that the measure or measures discussed thereunder may unduly restrict bilateral trade or investment, it may follow up on the exchange of information by submitting a proposal for a bilateral dialogue to seek a mutually acceptable outcome.
1 For greater certainty, nothing in this paragraph shall oblige a Party to disclose drafts or documents that it has classified as confidential pursuant to its laws and regulations.
2 For the purposes of this Chapter, the term “days” refers to working days.
A proposal submitted for a bilateral dialogue pursuant to paragraph 1 shall indicate the matter of interest and the trade- or investment-related concerns thereon and may include proposed solutions.
The submission of a proposal pursuant to paragraph 2 is without prejudice to the right of the Parties to hold further exchanges of information, seek or provide additional clarifications on the measure or measures concerned, and modify proposed solutions as applicable.
Article ARTICLE 21.4
Procedural elements
Following the submission of a proposal pursuant to Article 21.3 (Follow-up Discussions), the Parties shall make every effort to reach a mutually acceptable outcome, taking into account the elements specified under paragraph 2 and, where applicable, paragraph 3 of Article 21.3 (Follow-up Discussions).
The Parties shall enter into the bilateral dialogue in good faith, in person or by any other means of communication, without undue delay, within a timeframe agreed by the Parties.
If the bilateral dialogue takes place in person, the discussions thereunder shall take place in the European Union and Indonesia alternately, unless otherwise agreed.
The bilateral dialogue shall be conducted by representatives of the Parties, and co-chaired by a representative of each Party.
The bilateral dialogue shall be under the purview of the institutional body of this Agreement responsible for the subject matter of the measure or measures under discussion, and in accordance with that body’s relevant procedures, unless otherwise agreed by the Parties. If the measure or measures under discussion do not fall within the remit of any of the institutional bodies of this Agreement, the bilateral dialogue shall be conducted pursuant to rules in this Chapter.
The Parties may agree to invite their relevant respective stakeholders, including those participating in the Domestic Advisory Groups established under Article 24.7 [ (Domestic Advisory Groups) of Chapter (Institutional Provisions)], to meetings held during the bilateral dialogue.
The Parties may agree to modify the timeframe, place, and composition of representatives at any time during the bilateral dialogue.
The Parties shall consider any proposed solutions, in particular those that would support the objectives of this Agreement, including the facilitation of bilateral trade, and its implementation, and shall strive to reach a mutually acceptable outcome as referred to in paragraph 1 of Article 21.3 (Follow-up Discussions).
The mutually acceptable outcome may take the form of a recommendation to the Trade Committee, including with respect to relevant cooperation activities under this Agreement or other forms of implementation, or any other form the Parties may agree upon.
Article ARTICLE 21.5
Other provisions
The use of the bilateral dialogue with respect to a measure shall be without prejudice as to whether that measure is consistent with this Agreement.
This Chapter is without prejudice to the application of Chapter 22 (Dispute Settlement).
A Party shall use any information provided by the other Party through the discussions undertaken under this Chapter in Article 21.2 (Exchange of Information) and Article 21.3 (Follow-up Discussions) exclusively for the purposes of the mechanism provided in this Chapter.
For the purposes of application of this Chapter, each Party’s Contact Points shall be those established pursuant to Article 24.6 [Contact Points (Institutional Provisions)].
Disclaimer: In view of the European Commission's transparency policy, the Commission is publishing the texts of its Comprehensive Economic Partnership Agreement with Indonesia following the Ministerial announcement on 23 September 2025. These texts are published for information purposes only and may undergo further modifications including as a result of the process of legal revision. These texts are without prejudice to the final outcome of the Agreement between the EU and Indonesia. The texts will be final upon signature. The Agreement will become binding on the Parties under international law only after completion by each Party of its internal legal procedures necessary for the entry into force of the Agreement.
Chapter CHAPTER 22 DISPUTE SETTLEMENT
SECTION A
OBJECTIVE AND SCOPE
Article Article 22.1
The objective of this Chapter is to establish an effective and efficient mechanism for avoiding and settling any dispute between the Parties concerning the interpretation and application of this Agreement with a view to reaching, where possible, a mutually agreed solution.
Article Article 22.2
This Chapter shall apply with respect to any dispute between the Parties concerning the interpretation and application of the provisions of this Agreement (hereinafter referred to as “covered provisions”).1
The covered provisions shall include all provisions of this Agreement with the exception of: [Sections A (Anti-dumping and Countervailing Duties) and B (Global Safeguard Measures) of Chapter 5 (Trade Remedies); Sections A (Antitrust and Mergers) and B (Subsidies) of Chapter 13 (Competition Policy); Chapter 16 (Sustainable Food Systems); Chapter 17 (Economic Cooperation and Capacity building); Chapter 18 (Small and Medium-sized enterprises); and Chapter 19 (Good Regulatory Practices).
Article Article 22.3
1 For greater certainty non violation complaints shall not be permitted under this Agreement.
For the purposes of this Chapter and Annexes 22-A (Rules of Procedure) and 22-A (Code of Conduct for Panellists and Mediators):
“administrative staff” means individuals, other than assistants, under the direction and control of a panellist;
“adviser” means an individual retained by a Party to advise or assist that Party in connection with the panel proceedings;
“assistant” means an individual who, under the terms of appointment and under the direction and control of a panellist, conducts research or provides assistance to that panellist;
"candidate" means an individual whose name is on the list of panellists referred to in Article 22.7 (Lists of Panellists) and who is under consideration for selection as a panellist in accordance with Article X.6 (Establishment of a Panel);
“complaining Party” means any Party that requests the establishment of a panel under Article 22.5 (Initiation of Panel Procedures);
"mediator" means an individual who has been selected as mediator in accordance with Article 22.29 (Selection of the Mediator);
“panel” means a panel established pursuant to Article 22.6 (Establishment of a Panel);
“panellist” means a member of a panel;
“Party complained against” means the Party that is alleged to be in violation of the covered provisions; and
“representative of a Party” means an employee or any individual appointed by a government department, agency, or any other public entity of a Party who represents the Party for the purposes of a dispute under this Agreement.
CONSULTATIONS
Article Article 22.4
The Parties shall endeavour to resolve any dispute referred to in Article 22.2 (Scope) by entering into consultations in good faith with the aim of reaching a mutually agreed solution.
A Party shall seek consultations by means of a request in writing, including electronically, delivered to the other Party identifying the measure at issue and the covered provisions that it considers applicable.
The Party to which the request for consultations is made shall reply to the request promptly, but no later than ten days after the date of its receipt. Unless the Parties agree otherwise, consultations shall be held within thirty days of the date of receipt of the request and take place in the territory of the Party to which the request is made. The consultations shall be deemed concluded within sixty days of the date of receipt of the request, or within 90 days of that date if the dispute concerns Chapter 15(Trade and Sustainable Growth and Development), unless the Parties agree to continue consultations.
Consultations on matters which the Party seeking consultations considers to be of urgency, including those regarding perishable goods or seasonal goods or services, shall be held within twenty days of the date of receipt of the request. The consultations shall be deemed concluded within those twenty days unless the Parties agree to continue consultations.
During consultations each Party shall provide sufficient factual information so as to allow a complete examination of the manner in which the measure at issue could affect the application of this Agreement. Each Party shall endeavour to ensure the participation of personnel of their competent governmental authorities who have expertise in the matter subject to the consultations.
If the dispute concerns provisions of Chapter 15 (Trade and Sustainable Growth and Development) which relate to multilateral agreements or instruments referred to in that Chapter, the Parties shall take into account information from the International Labour Organization (ILO) or from relevant organisations or bodies established under Multilateral Environmental Agreements (MEAs) in order to promote coherence between the work of the Parties and that of such organisations or bodies. Where relevant, the Parties shall seek advice from such organisations or bodies, or from any other expert or body they deem appropriate. Each Party may also seek, if appropriate, the views of the civil society bodies set up pursuant to Articles 24.2(3) and 24.7 of Chapter 24 (Institutional Provisions) or any other expert advice.
6. Consultations, including all information disclosed and positions taken by the Parties during consultations, shall be confidential, and without prejudice to the rights of either Party in any further proceedings.
PANEL PROCEDURES
Article Article 22.5
The Party that sought consultations pursuant to Article 22.4 (Consultations) may request the establishment of a panel if
the Party to which the request is made pursuant to paragraph 3 of Article 22.4 (Consultations) does not respond to the request for consultations within ten days of the date of its receipt;
the consultations are not held within the timeframes laid down in paragraph 3 or in paragraph 4 of Article 22.4 (Consultations) respectively;
the Parties agree not to have consultations, or
the consultations have been concluded and no mutually agreed solution has been reached.
The request for the establishment of a panel shall be made by means of a request in writing, including electronically, delivered to the other Party. The complaining Party shall identify the measure at issue in its request, and explain how that measure constitutes a breach of the covered provisions in a manner sufficient to present the legal basis for the complaint clearly.
If a request is made pursuant to paragraph 1, a panel shall be established in accordance with Article 22.6 (Establishment of a panel).
The Trade Committee may decide, if it deems necessary and appropriate, to entrust an external body with assisting panels under this Chapter, including providing administrative and legal support.2
Article Article 22. 6
A panel shall consist of three panellists.
Within ten days of the date of receipt by the Party complained against of the request in writing, including electronically, for the establishment of a panel, the Parties shall consult with a view to agree on the composition of the panel.
2 This shall cover the provision of research assistance and expertise for panellists on legal questions throughout the dispute settlement process.
If the Parties do not agree on the composition of the panel within the time period provided for in paragraph 2, each Party shall appoint within five days from the expiry of the time period established in paragraph 2 a panellist:
from the sub-list of that Party established under Article 22.7 (Lists of Panellists); or
if the dispute concerns Chapter 15 (Trade and Sustainable Growth and Development), from the sub-list of that Party in the TSGD list established pursuant to Article 22.7 (List of Panellists).
If a Party does not appoint a panellist from its sub-list within that time period, the co-chair of the Trade Committee from the complaining Party shall select by lot, within five days from the expiry of that time period, the panellist from the sub-list of that Party. The co-chair of the Trade Committee from the complaining Party may delegate such selection by lot of the panellist.
If the Parties do not agree on the chairperson of the panel within the time period established in paragraph 2, the co-chair of the Trade Committee from the complaining Party shall select by lot, within five days from the expiry of that time period, the chairperson of the panel:
from the sub-list of chairpersons established under Article 22.7 (Lists of Panellists); or
if the dispute concerns Chapter 15 (Trade and Sustainable Growth and Development)], from the sub-list of chairpersons in the TSGD list established pursuant to Article 7 (Lists of Panellists).
The co-chair of the Trade Committee from the complaining Party may delegate such selection by lot of the chairperson of the panel.
The panel shall be deemed to be established 15 days after the three selected panellists have accepted their appointment in accordance with Rule [6] of Annex 22-A (Rules of Procedure), unless the Parties agree otherwise.
If an individual selected to serve as a panellist is not available or does not accept his or her appointment within the time period set out in Rule [6] of Annex 22-A (Rules of Procedure), a new individual shall be selected in accordance with the same selection method used for the selection of the individual who was not available or did not accept the appointment.
If any of the lists provided for in Article 22.7 (Lists of Panellists) have not been established or if a sub-list does not contain any available individual, at the time a selection by lot is to be made pursuant to paragraphs 3 or 4, the panellists shall be drawn by lot from the individuals who have been formally proposed by one Party or both Parties in accordance with Annex22-A (Rules of Procedure) within five days after the expiry of the time period set out in paragraph 2 or after the confirmation that no individual is available, as the case may be.
Article Article 22.7
The Trade Committee shall, no later than six months after the date of entry into force of this Agreement, adopt a decision to establish:
a list of at least fifteen individuals who are willing and able to serve as panellists; and
a separate list of fifteen individuals who are willing and able to serve as panellists in disputes under Chapter 15 (Trade and Sustainable Growth and Development)] (“TSGD List”).
Each list shall be composed of three sub-lists:
one sub-list of individuals established on the basis of proposals by the European Union;
one sub-list of individuals established on the basis of proposals by Indonesia; and
one sub-list of individuals that are not nationals of either Party and who shall serve as chairperson to the panel.
Each sub-list shall include at least five individuals. The Trade Committee shall ensure that the list is always maintained at this minimum number of individuals.
The Trade Committee may establish additional lists of individuals with expertise in specific sectors covered by this Agreement. Subject to the agreement of the Parties, such additional lists shall be used to compose the panel in accordance with the procedure set out in Article 22.6 (Establishment of a Panel).
Article Article 22.8
Each panellist shall:
have demonstrated expertise in law, international trade, and other matters covered by this Agreement;
be independent of, and not be affiliated with3 or take instructions from, either Party;
3 For greater certainty, the fact that a person receives an income from the government of a Party, was formerly employed by the government of a Party, or has a family relationship with a government official of a Party, is not in itself a reason to be considered as being affiliated with that government.
serve in their individual capacities and not take instructions from any organisation or government with regard to matters related to the dispute; and
comply with Annex 22[A- (Code of Conduct for Panellists and Mediators]
The chairperson shall also have experience in dispute settlement procedures.
By way of derogation from point (a) of paragraph 1, and paragraph 2, each panellist on the TSGD list shall have specialised knowledge of, or expertise in, labour or environmental law, issues addressed in Chapter 15 (Trade and Sustainable Growth and Development)], or the resolution of disputes arising under international agreements.
In view of the subject-matter of a particular dispute, the Parties may agree to derogate from the requirements listed in point (a) of paragraph 1.
Article Article 22.9
The panel:
shall make an objective assessment of the matter before it, including an objective assessment of the facts of the case and the applicability of and conformity with the covered provisions;
shall set out, in its decisions and reports, the findings of facts, the applicability of the covered provisions and the basic rationale behind any findings and conclusions that it makes; and
should consult regularly with the Parties and provide adequate opportunities for the development of a mutually agreed solution.
Article Article 22.10
Unless the Parties agree otherwise within five days after the date of establishment of the panel, the terms of reference of the panel shall be:
“to examine, in the light of the relevant provisions of this Agreement cited by the Parties, the matter referred to in the request for the establishment of the panel, to make findings on the conformity of the measure at issue with the provisions of this Agreement
referred to in Article 22.2 (Scope) and to deliver a report in accordance with Articles
22.12 (Interim Report) and 22.13 (Final Report).”
If the Parties agree on other terms of reference, they shall notify the agreed terms of reference to the panel within the time period set out in paragraph 1.
Article Article 22.11
If a Party so requests, the panel shall decide, within ten days of its establishment, whether the case concerns matters of urgency.
In the Panel decides that the dispute concerns matters of urgency, it shall, after consulting the Parties, shorten the applicable time periods set out in Section C (Panel Procedures) in this Chapter, except for the time periods referred to in Article 22.6 (Establishment of a Panel) and Article 22.10 (Terms of Reference).
Article Article 22.12
The panel shall deliver an interim report to the Parties, to the extent practicable within 90 days after the date of establishment of the panel. When the panel considers that this deadline cannot be met, the chairperson of the panel shall notify the Parties in writing, including electronically, stating the reasons for the delay and the date on which the panel plans to deliver its interim report. The panel should, under no circumstances, deliver its interim report later than 120 days after the date of establishment of the panel. If the complaining Party chooses to deliver a second written submission pursuant to Rule [11] of Annex 22-A (Rules of Procedure), the time periods set out in this paragraph shall be extended by 30 days.
Each Party may deliver to the panel a written request, including electronically, to review precise aspects of the interim report within ten days of its receipt. A Party may comment on the other Party’s request within six days of the delivery of the request.
Article Article 22.13
The panel shall deliver its final report to the Parties, to the extent practicable within 120 days of the date of establishment of the panel. When the panel considers that this deadline cannot be met, the chairperson of the panel shall notify the Parties in writing,
including electronically, stating the reasons for the delay and the date on which the panel plans to deliver its final report. The panel should, under no circumstances, deliver its final report later than 150 days after the date of establishment of the panel. If the complaining Party chooses to deliver a second written submission pursuant to Rule [11] of Annex 22-A (Rules of Procedure), the time periods set out in this paragraph shall be extended by 30 days.
The final report shall include a discussion of any request in writing, including electronically, by the Parties on the interim report and clearly address the comments of the Parties.
Article Article 22.14
The Party complained against shall take any measure necessary to comply promptly with the findings and conclusions in the final report in order to bring itself in compliance with the covered provisions.
The Party complained against shall, no later than 30 days after receipt of the final report, deliver a notification to the complaining Party of the measures which it has taken or which it envisages to take to comply.
In addition, if the dispute concerns Chapter 15 (Trade and Sustainable Growth and Development)]:
the Party complained against shall, no later than 30 days after the date of delivery of the final report, inform its civil society bodies set up pursuant to Articles [24.2(3) and 24.7] of Chapter 24 (Institutional Provisions)] of the compliance measures it has taken or envisages to take; and
the Speacialised Committee on Trade and Sustainable Growth set up pursuant to Article 24.4 (Specialised Committees) of Chapter 24 (Institutional Provisions) shall monitor in its trade and sustainable growth and development configuration the implementation of the compliance measures. The civil society bodies set up pursuant to Articles 24.2(3) and 24.7 of Chapter 24 (Institutional Provisions) may submit observations to the Specialised Committee on Trade Sustainable Growth in its trade and sustainable growth and development configuration in this regard.
Article Article 22.15
If immediate compliance is not possible, the Party complained against shall, no later than 30 days after receipt of the final report, deliver a notification to the complaining
Party of the length of the reasonable period of time it will require for compliance. The Parties shall endeavour to agree on the length of the reasonable period of time to comply with the final report.
If the Parties have not agreed on the length of the reasonable period of time, the complaining Party may, at the earliest 20 days after the receipt of the notification in paragraph 1, request in writing, including electronically, the original panel to determine the length of the reasonable period of time. The panel shall deliver its decision to the Parties within 30 days of the date of receipt of the request.
The Party complained against shall deliver a written notification, including electronically, of its progress in complying with the final report to the complaining Party at least one month before the expiry of the reasonable period of time.
The Parties may agree to extend the reasonable period of time.
Article Article 22.16
The Party complained against shall, no later than at the date of expiry of the reasonable period of time, deliver a notification to the complaining Party of any measure that it has taken to comply with the final report.
When the Parties disagree on the existence or the consistency with the covered provisions of any measure taken to comply, the complaining Party may deliver a request in writing, including electronically, to the original panel to decide on the matter. The request shall identify any measure at issue and explain how that measure constitutes a breach of the covered provisions in a manner sufficient to present the legal basis for the complaint clearly. The panel shall deliver its decision to the Parties within 46 days of the date of receipt of the request.
Article Article 22.17
The Party complained against shall, upon request by and after consultations with the complaining Party, present an offer for temporary compensation if:
the Party complained against delivers a notification to the complaining Party that it is not possible to comply with the final report; or
the Party complained against fails to deliver a notification of any measure taken to comply within the deadline referred to in Article 22.14 (Compliance Measures) or before the date of expiry of the reasonable period of time; or
the panel finds that no measure taken to comply exists; or