Each Party shall take measures necessary to implement the mutually agreed solution within the agreed time period.
No later than at the expiry of the agreed time period the implementing Party shall inform the other Party in writing, including electronically, of any measure that it has taken to implement the mutually agreed solution.
Article ARTICLE 22.34
Each Party shall promptly make public:
a request for consultations pursuant to Article 22.4(2) (Consultations);
a panel request pursuant to Article 22.5(2) (Initiation of panel procedures);
the date of establishment of a panel in accordance with Article 22.6(5) (Establishment of a panel), the time-limit for amicus curiae submissions determined by the panel pursuant to Rule [42] of Annex 22-A (Rules of Procedure) and the working language for the panel procedure determined in accordance with Rule [46] of Annex 22-A (Rules of Procedure)];
its submissions in the panel procedure, or a Party can also decide otherwise and make public a summary of its submissions within a short period of time after the issuance of the panel report;
a mutually agreed solution reached pursuant to Article 22.30(6) (Rules of the Mediation Procedure) or Article 22.33 (Mutually agreed solution) unless the Parties agree otherwise and subject to the protection of confidential information; and
the final reports and decisions of the panel.
Any hearing of the panel shall be closed to the public for the duration of any discussion of confidential information. Otherwise, the hearing shall be open to the public, unless the Parties to the dispute decide otherwise.
Natural persons of a Party or legal persons established in a Party may make amicus curiae submissions to the panel in accordance with Rule [42] of Annex 22-A (Rules of Procedure).
Paragraphs 1 and 2 shall be subject to the protection of confidential information as set out in Rules [35-38] of Annex 22-A (Rules of Procedure)].
Article Article 22.35
All time periods laid down in this Chapter shall be counted in calendar days from the day following the act to which they refer.
Any time period referred to in this Chapter may be modified by mutual agreement of the Parties.
Under Section C (Panel Procedures), the panel may at any time propose to the Parties to modify any time period referred to in this Chapter, stating the reasons for the proposal.
Article Article 22.36
Each Party shall bear its own expenses and legal costs derived from the participation in the panel or mediation procedure.
Unless the Parties otherwise agree, the Parties shall be jointly liable for the remuneration and expenses of panellists and the mediators. The Parties shall share such remuneration and expenses equally. Unless the Parties otherwise agree, the remuneration and expenses of panellists and the mediators shall be determined in accordance with Rule [8] of Annex 22-A (Rules of Procedure)].
Unless the Parties otherwise agree, other expenses associated with the conduct of the proceedings shall be borne in equal parts by the Parties to the dispute.
Article Article 22.37
The Trade Committee may modify the Annexes 22-A (Rules of Procedure)] and [X-B (Code of Conduct for Panellists and Mediators).
*****
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.
ANNEX 22-A
RULES OF PROCEDURE
Notifications
Any request, notice, written submission or other document of:
the panel shall be sent to both Parties at the same time;
a Party which is addressed to the panel shall be copied to the other Party at the same time; and
a Party which is addressed to the other Party shall be copied to the panel at the same time, as appropriate.
Unless proven otherwise, such request, notice, written submission or other document shall be deemed to be delivered on the date of its sending.
All notifications shall be addressed to the Directorate-General responsible for Trade of the European Commission of the European Union and to […] of Indonesia, respectively.
Minor errors of a clerical nature in a request, notice, written submission or other document related to the panel proceedings may be corrected by delivery of a new document clearly indicating the changes.
If the last day for delivery of a document falls on a non-working day of the institutions of the European Union or of the Government of Indonesia, the time period for the delivery of the document shall end on the first following working day. For the purpose of determining the beginning and the end of a calendar day, the time zone of the Party complained against shall be applicable.
Appointment of Panellists
If pursuant to Article 22.6 (Establishment of a Panel) of Chapter 22 (Dispute Settlement), a panellist is selected by lot, the co-chair of the Trade Committee of the complaining Party shall promptly inform the co-chair of the Trade Committee of the Party complained against of the date, time and venue of the lot. The Party complained against may, if it so chooses, be present during the lot. In any event, the lot shall be carried out with the Party or Parties that are present.
The co-chair of the Trade Committee of the complaining Party shall notify, in writing, including electronically, each individual who has been selected to serve as a panellist. Each individual shall confirm his or her availability to both Parties within five days of the date of delivery of the notification.
For the purposes of Article 22.6] (Establishment of a Panel) of Chapter [X (Dispute Settlement), the co-chair of the Trade Committee of the complaining Party shall select by lot the panellist or chairperson:
if a sub-list referred to in Article 22.7(2)(a) or (b) is not established, amongst those individuals who have been formally proposed by a Party as panellists for its sub-list or, in the absence of those, from the individuals who have been formally proposed by the other Party for that Party’s sub-list; or
if the sub-list referred to in Article 22.7(2)(c) is not established, from the individuals who have been formally proposed by one or both Parties for the sub-list of chairpersons.
Expenses
The Parties shall agree, at the latest by the time all the panellists have accepted their appointment in accordance with Article 22.6(6) (Establishment of a Panel of Chapter
22 (Dispute Settlement) on the remuneration and expenses of the panellists and assistants, prepare any necessary appointment contracts, and ensure their signature promptly. The Trade Committee may adopt a decision setting out the parameters or other details on the remuneration and expenses of panellists and of the mediator, including any related expenses that could be incurred in the dispute settlement proceedings. Unless otherwise provided in such a decision, the remuneration and expenses of the panellists shall be based on WTO standards. The remuneration of an assistant or assistants of each arbitrator shall not exceed 50% of the remuneration of that arbitrator. This Rule applies to mediators mutatis mutandis.
Organisational Meeting
Unless agreed otherwise, the Parties shall meet the panel within seven days of its establishment in order to determine such matters that the Parties or the panel deem appropriate, including working procedures and the timetable of the proceedings.
Panellists and representatives of the Parties may take part in this meeting through any appropriate means including telephone, video conference or other electronic means of communication.
Written Submissions
The complaining Party shall deliver its written submission no later than 20 days after the date of establishment of the panel. The Party complained against shall deliver its
written submission no later than 20 days after the date of delivery of the written submission of the complaining Party.
If the Party complained against raises novel issues or defences the complaining Party has not addressed, the complaining Party may choose to deliver a second written submission within 15 days after the date of delivery of the first written submission of the Party complained against. The complaining Party shall assess whether the benefit of a second written submission is sufficient when weighted against the additional delay. In such case, the Party complained against may submit its response within 15 days after the date of delivery of the second written submission of the complaining Party.
Operation of the Panel
The chairperson of the panel shall preside at all its meetings. The panel may delegate to the chairperson the authority to make administrative and procedural decisions.
Unless otherwise provided in Chapter 22 (Dispute Settlement) or in this Annex, the panel may conduct its activities by any appropriate means, including telephone, video-conference or other means of electronic communication.
Only panellists may take part in the deliberations of the panel, but the panel may permit their assistants to be present at its deliberations.
The drafting of any decision and report shall remain the exclusive responsibility of the panel and shall not be delegated.
Where a procedural question arises that is not covered by the Chapter 22 (Dispute Settlement) and its Annexes, the panel, after consulting the Parties, may adopt an appropriate procedure that is compatible with those provisions.
When the panel considers that there is a need to modify any of the time periods for the proceedings other than the time periods set out in Chapter 22 (Dispute Settlement) or to make any other procedural or administrative adjustment, it shall inform the Parties, in writing, including electronically, and after consultation of the Parties, of the reasons for the change or adjustment and of the time period or adjustment needed. Any Party may propose to the panel such procedural or administrative adjustments.
Replacement
When a Party considers that a panellist does not comply with the requirements of Annex 22-B (Code of Conduct for Panellists and Mediators)] and for this reason should be replaced, that Party shall notify the other Party within 15 days from the time at which it obtained sufficient evidence of the panellist’s alleged failure to comply with the requirements of Annex 22-B (Code of Conduct for Panellists and Mediators)].
The Parties shall consult within 15 days from the date of notification referred to in Rule
18. They shall inform the panellist of its alleged failure and they may request the panellist to take steps to ameliorate the failure. They may also, if they so agree, remove
the panellist and select a new panellist in accordance with Article 22.6 (Establishment of a Panel) of Chapter 22 (Dispute Settlement).
If the Parties fail to agree on the need to replace the panellist, other than the chairperson of the panel, either Party may request that this matter be referred to the chairperson of the panel, whose decision shall be final.
If the chairperson of the panel finds that the panellist does not comply with the requirements of Annex 22-B (Code of Conduct for Panellists and Mediators), the new panellist shall be selected in accordance with Article 22.6 (Establishment of a Panel) of Chapter 22 (Dispute Settlement).
If the Parties fail to agree on the need to replace the chairperson, either Party may request that this matter be referred to one of the remaining members of the pool of individuals from the sub-list of chairpersons established under Article 22.7 (Lists of Panellists) of Chapter 22 (Dispute Settlement). His or her name shall be selected by lot by the co-chair of the Trade Committee from the requesting Party, or the chair’s delegate. The decision by the selected person on the need to replace the chairperson shall be final.
If this person finds that the chairperson does not comply with the requirements of Annex 22-B (Code of Conduct for Panellists and Mediators the new chairperson shall be selected in accordance with Article 22.6 (Establishment of a Panel) of Chapter 22 (Dispute Settlement).
Hearings
Based upon the timetable determined pursuant to Rule 9 of this Annex, after consulting with the Parties and the other panellists, the chairperson of the panel shall notify the Parties the date, time and venue of the hearing. This information shall be made publicly available by the Party in which the hearing takes place, unless the hearing is closed to the public.
Unless the Parties agree otherwise, the hearing shall be held in Brussels if the complaining Party is Indonesia and in Indonesia if the complaining Party is the European Union. The Party complained against shall bear the expenses derived from the logistical administration of the hearing.
Notwithstanding Rule 23, the panel may decide, on request of a Party, to hold a virtual or hybrid hearing and make appropriate arrangements, taking into account the rights of due process and the need to ensure transparency in accordance with Article 22.34 (Transparency) of Chapter 22 (Dispute Settlement).
The panel may convene additional hearings if the Parties so agree.
All panellists shall be present during the entirety of the hearing.
Unless the Parties agree otherwise, the following persons may attend the hearing, irrespective of whether the hearing is open to the public or not:
representatives of a Party;
advisers;
assistants and administrative staff;
interpreters, translators and court reporters of the panel; and
experts, as decided by the panel pursuant to paragraph 2 of Article 22.22 (Receipt of Information) of Chapter 22 (Dispute Settlement).
No later than five days before the date of a hearing, each Party shall deliver to the panel and to the other Party a list of the names of persons who will make oral arguments or presentations at the hearing on behalf of that Party and of other representatives and advisers who will be attending the hearing.
The panel shall conduct the hearing in the following manner, ensuring that the complaining Party and the Party complained against are afforded equal time in both argument and rebuttal argument:
Argument
argument of the complaining Party;
argument of the Party complained against.
Rebuttal Argument
reply of the complaining Party;
counter-reply of the Party complained against.
The panel may direct questions to either Party at any time during the hearing.
The panel shall arrange for either a transcript or a video and audio recording of the hearing to be prepared and delivered to the Parties as soon as possible after the hearing. The Parties may comment on the transcript or on the video and audio recording and the panel may consider those comments and deliver any revised version of the transcript to the Parties as soon as possible. The cost of a full transcript or a video and audio recording shall be jointly shared between the Parties.
Each Party may deliver a supplementary written submission concerning any matter that arose during the hearing within ten days after the date of the hearing.
Questions in Writing
The panel may at any time during the proceedings submit questions in writing to one or both Parties. Any questions submitted to one Party shall be copied to the other Party.
Each Party shall provide the other Party with a copy of its responses to the questions submitted by the panel. The other Party shall have an opportunity to provide comments in writing on the Party’s responses within six days after the delivery of such copy.
Confidentiality
Each Party and the panel shall treat as confidential information that qualifies as confidential pursuant to Rule 36. When a Party submits to the panel a written submission which contains confidential information, it shall also provide, within 15 days, a submission without the confidential information and which can be disclosed to the public.
36 Confidential information consists of:
confidential business information;
information that is protected against being made available to the public under this Agreement;
information that is protected against being made available to the public, in the case of information of the complaining Party, under the law of the complaining Party, and in the case of information from the Party complained against, under the law of the Party complained against; or
information the disclosure of which would impede law enforcement.
If the Parties disagree on whether information qualifies as confidential, the panel shall decide, on request of a Party, after consultation with the Parties.
Nothing in this Annex shall preclude a Party from disclosing statements of its own positions to the public to the extent that, when making reference to information submitted by the other Party, it does not disclose any information designated by the other Party as confidential.
The panel shall meet in closed session when the submission and arguments of a Party contain confidential information. The Parties shall maintain the confidentiality of the panel hearings when the hearings are held in closed session.
Ex Parte Contacts
The panel shall not meet or communicate with a Party in the absence of the other Party.
A panellist shall not discuss any aspect of the subject matter of the proceedings with one Party or both Parties in the absence of the other panellists.
A Party shall not have any contact with a panellist. Any contact between a Party and a person who is under consideration for selection as a panellist shall be limited to issues relating to the selection process and appointment.
Amicus Curiae Submissions
The panel may receive unsolicited written submissions from natural persons of a Party or legal persons established in the territory of a Party who are independent from the governments of the Parties, provided that they:
are received by the panel by a date determined by the panel and which shall not be later than the date set for the first written submission of the Party complained against ;
are concise and in no case longer than fifteen pages, including any annexes, typed at double space;
are directly relevant to a factual or a legal issue under consideration by the panel and the natural or legal persons concerned explain how the submission would assist the Panel in determining such factual or legal issue by bringing a perspective, particular knowledge, or insight that is different from that of the Parties;
contain a description of the person making the submission, including for a natural person his or her nationality and for a legal person its place of establishment, the nature of its activities, its legal status, its general objectives and its source of financing;
specify the nature of the interest that the person has in the panel proceedings; and
(4) are drafted in the languages chosen by the Parties in accordance with Rules 46 and 47 of this Annex.
The Parties may agree to modify the conditions in points (a) to (f) within five days of the date of the establishment of the panel.
The submissions shall be delivered to the Parties for their comments. The Parties may submit comments to the panel within ten days of the delivery.
The panel shall list in its report all the submissions it has received pursuant to Rule 42 of this Annex. The panel shall not be obliged to address in its report the arguments made in such submissions, however, if it does, it shall also take into account any comments made by the Parties pursuant to Rule 43 of this Annex.
Urgent Cases
In cases of urgency referred to in Article 22.11 (Decision on Urgency) of Chapter 22 (Dispute Settlement), the panel, after consulting the Parties, shall adjust the time periods referred to in this Annex as appropriate. The panel shall notify the Parties of such adjustments.
Translation and interpretation
During the consultations referred to in Article 22.4 (Consultations) of Chapter 22 (Dispute Settlement), and no later than the meeting referred to in Rule 9 of this Annex, the Parties shall endeavour to agree on a working language for the proceedings before the panel. If the Parties are unable to agree on a working language, the language in which the Agreement was negotiated shall be the working language for the panel procedure.
If a Party submits a document in a language that is not the working language, it shall at the same time submit a translation in a working language at its own cost.
Panel reports and decisions shall be issued in the working language.
Any Party may provide comments on the accuracy of the translation of any document into the working language in accordance with Rule 47.
Other Procedures
The time periods laid down in this Annex shall be adjusted in line with the special time periods provided for the adoption of a report or decision by the panel in the proceedings under Article 22.15 (Reasonable Period of Time), Article 22.16 (Compliance Review), Article 22.17 (Temporary Remedies), Article 22.18 (Review of Any Measure Taken to Comply after the Adoption of Temporary Remedies) and Article 22.19 (Replacement of Panellists) of Chapter 22 (Dispute Settlement).
ANNEX 22-B
CODE OF CONDUCT FOR PANELLISTS AND MEDIATORS
Governing Principles
In order to preserve the integrity and impartiality of the dispute settlement mechanism, each candidate and panellist shall:
get acquainted with this Annex;
be independent and impartial;
avoid direct or indirect conflicts of interest;
avoid impropriety and the appearance of impropriety or bias;
observe high standards of conduct; and
not be influenced by self-interest, outside pressure, political considerations, public opinion, and loyalty to a Party or fear of criticism.
A panellist shall not, directly or indirectly, incur any obligation or accept any benefit that would in any way interfere, or appear to interfere, with the proper performance of his or her duties.
A panellist shall not use his or her position on the panel to advance any personal or private interests. A panellist shall avoid actions that may create the impression that others are in a special position to influence him or her.
A panellist shall not allow past or existing financial, business, professional, personal, or social relationships or responsibilities to influence his or her conduct or judgement.
A panellist shall avoid entering into any relationship or acquiring any financial interest that is likely to affect his or her impartiality or that might reasonably create an appearance of impropriety or bias.
Disclosure Obligations
Prior to the acceptance of his or her appointment as a panellist pursuant to Article 22.6 (Establishment of a Panel) of Chapter 22 (Dispute Settlement), a candidate requested to serve as a panellist shall disclose in writing to the Parties any interest, relationship or matter that is likely to affect his or her independence or impartiality or that might reasonably create an appearance of impropriety or bias in the proceedings. To this end, a candidate shall make all reasonable efforts to become aware of any such interests, relationships and matters, including financial, professional, employment or family interests.
The disclosure obligation under paragraph 6 is a continuing duty which requires a panellist to disclose any such interests, relationships or matters that may arise during any stage of the proceedings.
A candidate or a panellist shall communicate in writing to the Trade Committee [for consideration by the Parties any matters concerning actual or potential violations of this Annex at the earliest time he or she becomes aware of them.
Duties of Panellists
Upon acceptance of his or her appointment, a panellist shall be available to perform and shall perform his or her duties thoroughly and expeditiously throughout the proceedings, and with fairness and diligence.
A panellist shall consider only the issues that are raised in the proceedings and that are necessary for a decision and shall not delegate this duty to any other person, except as provided in Rule 9 of Annex 22-B (Rules of Procedures).
A panellist shall take all appropriate steps to ensure that his or her assistants and administrative staff are aware of, and comply with, the obligations of panellists under Parts I, II, III, IV and V of this Annex.