Use of the English language
In order to ensure the maximum efficiency of the application of the trade remedies rules under these Sections, the investigating authorities of the Parties should use the English language for communications3 in the context of trade remedies investigations between the Parties.
3 By the term “communications”, the Parties mean written submissions and letters.
Without prejudice
As of 8 May 2023
SECTION C
BILATERAL SAFEGUARD CLAUSE
Article Article 5.15
Application of a Bilateral Safeguard Measure
If, as a result of the reduction or elimination of a customs duty under this Agreement, any good originating in the territory of a Party is being imported into the territory of the other Party in such increased quantities, in absolute terms or relative to domestic production, and under such conditions as to cause or threaten to cause serious injury to a domestic industry producing like or directly competitive goods, the importing Party may adopt measures provided for in paragraph 2 in accordance with the conditions and procedures laid down in this Section during the transition period only, except as otherwise provided under Article 16.5.(c) of this Section.
The importing Party may take a bilateral safeguard measure which:
suspends further reduction of the rate of customs duty on the good concerned provided for under this Agreement; or
increases the rate of customs duty on the good to a level which does not exceed the lesser of:
the applied most-favoured-nation rate of customs duty on the good in effect at the time the measure is taken; or
the base rate of customs duty specified in Annex XX (Elimination of Customs Duties) pursuant to Article [XX (Reduction or Elimination of Customs Duties)].
Article Article 5.16
Conditions and Limitations
A Party shall notify the other Party in writing of the initiation of an investigation described in paragraph 2 and consult with the other Party before applying a bilateral safeguard measure, with a view to reviewing the information arising from the investigation and exchanging views on the measure.
A Party shall apply a bilateral safeguard measure only following an investigation by its competent authorities in accordance with Articles 3 and 4.2(c) of the Agreement on Safeguards contained in Annex 1A to the WTO Agreement (hereinafter referred to as the “Agreement on Safeguards”), and to this end Articles 3 and 4.2(c) of the Agreement on Safeguards are incorporated into and made part of this Agreement, mutatis mutandis.
In the investigation described in paragraph 2, the Party shall comply with the requirements of Article 4.2(a) of the Agreement on Safeguards, and to this end Article 4.2(a) of the Agreement on Safeguards is incorporated into and made part of this Agreement, mutatis mutandis.
Each Party shall ensure that its competent authorities complete any such investigation within one year of its date of initiation.
Without prejudice
As of 8 May 2023
Neither Party may apply a bilateral safeguard measure:
except to the extent, and for such time, as may be necessary to prevent or remedy serious injury and to facilitate adjustment;
for a period exceeding three years, except that the period may be extended by up to two years if the competent authorities of the importing Party determine, in conformity with the procedures specified in this Article, that the measure continues to be necessary to prevent or remedy serious injury and to facilitate adjustment and that there is evidence that the industry is adjusting, provided that the total period of application of a safeguard measure, including the period of initial application and any extension thereof, shall not exceed five years; or
beyond the expiration of the transition period, except with the consent of the other Party.
In order to facilitate adjustment in a situation where the expected duration of a safeguard measure is over three years, the Party applying the measure shall progressively liberalise it at regular intervals during the period of application.
When a Party terminates a bilateral safeguard measure, the rate of customs duty shall be the rate pursuant to Annex [XX (Tariff Reduction/Elimination Schedules)], that would have in effect but for the measure.
Article Article 5.17
Provisional Measures
In critical circumstances where delay would cause damage that would be difficult to repair, a Party may apply a bilateral safeguard measure on a provisional basis pursuant to a preliminary determination that there is clear evidence that imports of an originating good from the other Party have increased as the result of the reduction or elimination of a customs duty under this Agreement, and such imports cause serious injury, or threat thereof, to the domestic industry. The duration of any provisional measure shall not exceed 200 days, during which time the Party shall publish its preliminary determination and comply with the requirements of Article
5.163. The Party shall promptly refund any tariff increases if the investigation described in Article 5.16.2 does not result in a finding that the requirements of Article 5.15.1 are met. The duration of any provisional measure shall be counted as part of the period prescribed by Article
5.16.5 (b).
Article Article 5.18
Compensation
A Party applying a bilateral safeguard measure shall consult with the other Party in order to mutually agree on appropriate trade liberalising compensation in the form of concessions having substantially equivalent trade effects or equivalent to the value of the additional duties expected to result from the safeguard measure. The Party shall provide an opportunity for such consultations no later than 30 days after the application of the bilateral safeguard measure.
Without prejudice
As of 8 May 2023
If the consultations under paragraph 1 do not result in an agreement on trade liberalising compensation within 30 days after the consultations begin, the Party whose goods are subject to the safeguard measure may suspend the application of concessions with respect to originating goods of the applying Party that have trade effects substantially equivalent to the safeguard measure. The applying Party’s obligation to provide compensation and the other Party’s right to suspend concessions under this paragraph shall terminate on the date the safeguard measure terminates.
The right of suspension referred to in paragraph 2 shall not be exercised for the first 36 months during which a bilateral safeguard measure is in effect, provided that the safeguard measure conforms to the provisions of this Agreement.
Article Article 5.19
Definitions
For the purposes of this Section:
“domestic industry” shall be understood in accordance with Article 4.1(c) of the Agreement on Safeguards. To this end, Article 4.1(c) is incorporated into and made part of this Agreement, mutatis mutandis;
“serious injury” and “threat of serious injury” shall be understood in accordance with Article 4.1(a) and (b) of the Agreement on Safeguards. To this end, Article 4.1(a) and (b) is incorporated into and made part of this Agreement, mutatis mutandis; and
“transition period” means a period of 10 years from the date of entry into force of this Agreement for products being liberalized in less than 10 years. For all products being liberalised in 10 years or more, the transition period shall be the liberalisation period plus 3 years.
Article Article 5.20
Use of the English language
In order to ensure the maximum efficiency of the application of the trade remedies rules under these Sections, the investigating authorities of the Parties should use the English language for communications4 in the context of trade remedies investigations between the Parties.
4 By the term “communications”, the Parties mean written submissions and letters.
Disclaimer: In view of the European Commission's transparency policy, the Commission is publishing the texts of its Comprehensive Economic Partinership 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 6
Article Article 6.1
The objectives of this Chapter are:
to enhance the practical implementation of the principles and disciplines contained within the WTO Agreement on the Application of Sanitary and Phytosanitary Measures (hereinafter referred to as “SPS Agreement”) and applicable international standards, guidelines and recommendations developed by relevant international organisations;
to protect human, animal or plant life or health in the territory of each Party while facilitating trade between the Parties and to ensure that sanitary and phytosanitary (hereinafter referred to as “SPS”) measures imposed by each Party do not create unnecessary obstacles to trade;
to provide a means to strengthen communication, cooperation and resolution on SPS issues that may affect trade between the Parties and other agreed matters of interest to the Parties;
to promote greater transparency and understanding on the application of each Party’s SPS measures; and
enhance collaboration between the Parties on animal welfare issues and antimicrobial resistance.
Article Article 6.2
This Chapter applies to all SPS measures of a Party that may, directly or indirectly, affect trade between the Parties.
This Chapter includes collaboration activities on animal welfare and antimicrobial resistance which will be carried out by relevant technical experts.
Nothing in this Chapter shall affect the rights of the Parties under the WTO Agreement on Technical Barriers to Trade with respect to measures not within the scope of this Chapter.
Without prejudice
Article Article 6.3
The Parties reaffirm their rights and obligations relating to SPS measures under the SPS Agreement.
Each Party commits to apply the principles of the SPS Agreement in the development, application or recognition of any sanitary or phytosanitary measure with the intent to facilitate trade among the Parties while protecting human, animal or plant life or health in the territory of each Party.
SPS measures cannot be used so as to create unjustified barriers to trade.
The Parties shall ensure that procedures established under the scope of this Chapter are undertaken and completed without undue delay and that they are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination against the other Party where the same conditions prevail.
In the same way, the Parties will neither use the procedures mentioned in paragraph 4 nor the requests of additional information to delay the access to the market without scientific or technical justification.
Article Article 6.4
For the purposes of this Chapter, the definitions contained in Annex A of the SPS Agreement shall apply.
The Parties may agree on other definitions for the application of this Chapter, taking into consideration the glossaries and definitions of the relevant international organizations, such as the Codex Alimentarius Commission (hereinafter referred to as "Codex Alimentarius"), the World Organisation for Animal Health (hereinafter referred to as "OIE”), and the International Plant Protection Convention (hereinafter referred to as “IPPC”). In the event of an inconsistency between the definitions agreed by both Parties and the definitions set out in the SPS Agreement, the definitions set out in the SPS Agreement shall prevail.
In addition:
“import conditions” means any sanitary or phytosanitary measures as set out in Annex A of the SPS Agreement that is to be complied with for imports to reach the appropriate level of protection of the importing Party;
“protected zone” for a specific regulated pest means an officially defined geographical area in the EU in which that organism is not established in spite of favourable conditions and its presence in other parts of the territory of the Union and
“competent authorities” means those organizations recognised by each Party as responsible for developing, implementing and administering the SPS measures within its territory.
Without prejudice
Article Article 6.5
As of the date of entry into force, the Parties shall provide the other with a description of the competent authorities for the implementation of this Chapter and a contact point for communication on all matters arising under this Chapter.
The Parties shall inform each other of any significant changes in the structure, organisation and division of competency of their competent authorities and ensure that the information on contact points is kept up to date.
Article Article 6.6
Import conditions shall be applicable to the entire territory of the exporting Party.
The importing Party shall give consideration to any request of the exporting Party, for a review of the import conditions existing between the Parties on the date of entry into force of this Agreement.
The importing Party shall ensure full transparency on its import conditions, its import authorisation procedures and the frequency of import checks carried out on products from the other Party.
Each Party shall ensure that administrative procedures concerning the import requirements on food safety, animal health and plant health are not more burdensome or trade restrictive than necessary to give the importing Party adequate confidence that these requirements are met. These administrative procedures shall be set with the objective to minimise negative trade effects and to simplify and expedite the clearance process while meeting the importing Party requirements.
With respect to any procedure to check and ensure the fulfilment of sanitary or phytosanitary measures, including that for approval and clearance process, the Parties shall ensure that:
such procedures are simplified, expedited and completed without undue delay, in accordance with the SPS Agreement;
such procedures are not applied in a manner which would constitute an arbitrary or unjustifiable discrimination against the other Party;
the standard processing period of each procedure is published or the anticipated processing period is communicated to the applicant upon request; and
Without prejudice
information requirements are limited to what is necessary for appropriate control, inspection and approval procedures, including for approval of the use of additives or for the establishment of tolerances for contaminants in food, beverages or feedstuffs.
In accordance with applicable International Standard for Phytosanitary Measures (ISPM) agreed under the IPPC, the Parties undertake to maintain adequate information on their pest status (including surveillance, eradication and containment programmes and their results) in order to support the categorisation of pests and to justify import phytosanitary measures.
Each Party shall establish lists of regulated pests and regulated commodities where a phytosanitary concern exists. The lists shall contain:
the pests not known to occur within any part of the Party’s own territory;
the pests known to occur within any part of the Party’s own territory and under official control; and
the pests known to occur within any part of the Party’s own territory, under official control and for which pest-free areas are established.
A Party may establish a list of plants considered to be of high phytosanitary risk for its territory on the basis of a preliminary risk assessment and may require that the import of such plants shall be subject to an approval procedure based on a pest risk assessment carried out in accordance with the relevant ISPMs. Preliminary risk assessment shall take into account available scientific and technical information as well as the intended use of the plant under consideration.
The Parties shall make available their lists of regulated pests, regulated commodities and articles and the phytosanitary import requirements for all regulated commodities and articles. This information shall include, as appropriate the additional declarations, as prescribed by the importing Party.
Where a range of alternative sanitary or phytosanitary measures may be available to attain the appropriate level of protection of the importing Party, the Parties shall, upon request of the exporting Party, consider selecting the more practicable and less trade-restrictive solution.
Where official sanitary or phytosanitary certificates are required, these shall be agreed between the Parties and shall be set in line with the principles laid down in the international standards, guidelines or recommendation of Codex Alimentarius, the OIE and the IPPC”. The importing Party shall not put in place any additional procedures that unnecessarily hampers trade or duplicates the official certificate, in particular import authorisation procedures.
The Parties shall promote the implementation of electronic certification and other technologies to facilitate trade.
Without prejudice
Consignments of commodities subject to SPS provisions shall be accepted on the basis of adequate guarantees by the exporting Party, without:
pre-clearance programmes. Control activities at the country of origin performed by the National Plant Protection Organisation (NPPO) of the country of destination should not be applied as a permanent import measure and only foreseen to facilitate new trade. On a voluntary basis, the NPPO of the country of origin may request pre-clearance within the inspection activities carried out by the importing countries as a trade facilitation tool; or
phytosanitary protocols or work plans prescribed by the importing party.
For greater certainty, neither Party shall condition the importation of products upon the issuance of import permits or import licenses laying down sanitary or phytosanitary requirements other than those laid down in the applicable certification or import requirements for the products concerned. Each Party shall grant import permits or import licenses in a non-discretionary manner.
The exporting Party shall ensure that products exported to the importing Party meet the appropriate level of protection of the importing Party. The responsibility for the implementation of adequate control measures and inspections lies with the exporting Party. The importing Party may require that the relevant competent authority of the exporting Party objectively demonstrate, to the satisfaction of the importing Party, that the import conditions are fulfilled.
The importing Party shall have the right to carry out import checks based on the sanitary and phytosanitary risks associated with importations. These checks shall be carried out without undue delay and with minimum trade disrupting effects. When products do not conform to the requirements of the importing Party, any action taken by the importing Party shall follow international standards and should be proportionate to the risk involved.
Any fees imposed for the procedures on imported products from the exporting Party, including fees for desk evaluations of export applications, shall be equitable in relation to any fees charged on like domestic products and shall not be higher than the actual cost of the service.
Article Article 6.7
In order to attain and maintain confidence in the effective implementation of the provisions of this Chapter, the importing Party, within the scope of this Chapter, has the right to carry out audits, including:
(a) through audit visits to the exporting Party, of all or part of the exporting Party’s control and certification system, in accordance with the relevant international
Without prejudice
standards, guidelines and recommendations of the Codex Alimentarius, OIE and IPPC; and
by requiring information from the exporting Party about its control and certification system and be informed of the results of the controls carried out thereunder.
The exporting Party shall give reasonable access to the importing Party for inspection, verification, testing, audit and other relevant procedures.
Each Party shall provide the results and conclusions of the audits carried out in the territory of the other Party.
If the importing Party decides to carry out an audit visit to the exporting Party, the visit shall be notified by the importing Party to the exporting Party at least 60 calendar days before the audit visit is to be carried out, except if agreed otherwise. Any modification to such visit shall be agreed by the Parties.
The draft report of the audit visit shall be shared with the auditee within 60 calendar days after completion of the audits. The auditee shall have 30 calendar days to comment on the draft report. Comments made by the auditee shall be attached to and, where appropriate, included in the final report. However, where a significant public, animal or plant health risk has been identified during the audit, the importing Party shall inform the auditee as quickly as possible and in any case within 15 calendar days following the end of the audit.
The costs incurred in carrying out the audits shall be borne by the importing Party.
Article Article 6.8
Where establishments or facilities are required to be included on a list by the importing Party, the importing Party shall approve establishments or facilities which are situated on the territory of the exporting Party without prior inspection if:
the exporting Party has requested such an approval for a given establishment or facility;
the import of the product has been authorised, if so required by the competent authority of the importing Party;
the establishment or facility concerned has been approved by the competent authority of the exporting Party;
(d) the competent authority of the exporting Party has the authority to suspend or withdraw the approval of the establishment or facility; and
Without prejudice
the exporting Party has provided any relevant information and appropriate guarantees requested by the importing Party.
Unless additional information is requested, the importing Party shall take the necessary legislative or administrative measures in accordance with its applicable legal procedures to allow imports within 60 calendar days of the receipt of the request of the exporting Party. If the importing Party rejects the request for approval, it shall inform without delay the exporting Party of the elements and justification upon which the decision was based.
The importing Party shall make its lists of approved establishments or facilities publicly available.
Article Article 6.9
Animals, animal products and animal by-products
The Parties recognise the official animal health status as determined by the OIE. The Parties also recognise the principle(s) of zoning and or compartmentalisation which they agree to apply in their trade.
The importing Party shall recognise the health status as determined by the exporting Party in accordance with the provisions of the OIE Terrestrial Animal Health Code and the OIE Aquatic Animal Health Code.
With references to paragraph 2 of this Article, the exporting Party shall if requested in exceptional cases by the importing Party, provide a thorough explanation and supporting data for the determinations and decisions covered by this Article.
The importing Party shall assess the received information within 30 calendar days of its receipt. Any audit the importing Party may request shall be carried out in accordance with Article 6.7 (Audit).
In case the importing Party requires audit and unless otherwise agreed between the Parties, the audit shall be carried out within 30 calendar days following the receipt of the request.
In cases the importing party requires additional information or audits, the overall procedures including the decisions shall be finalised within two months, unless otherwise agreed between the Parties.
The Committee on Trade in Goods, on Customs matters, and on Sanitary and Phytosanitary Measures meeting in its Sanitary and Phytosanitary Configuration ] referred to in Article 6.15 may define further details for the procedure for the mutual recognition of such areas as referred in paragraph 1 of this Article, taking into account the SPS Agreement and OIE standards, guidelines or recommendations. This procedure will include situations related to outbreaks.
Without prejudice
Where a Party considers that it has a special status with respect to any other disease not referred to in paragraphs 1 and 2, it may request recognition of this status.
Plants and plant products
The importing Party shall recognise the determination of phytosanitary status of the exporting Party in accordance with the following provisions:
The Parties recognises the concepts of pest-free areas, pest-free places of production and pest-free production sites, as well as areas of low pest prevalence as specified in relevant IPPC (ISPM) and of protected zones which shall apply in their trade;
when establishing or maintaining phytosanitary measures, the importing Party shall take into account pest-free areas, pest-free places of production, pest-free production sites, areas of low pest prevalence, as well as protected zones established by the exporting Party;
the exporting Party shall identify pest-free areas, pest-free places of production, pest-free production sites, areas of low pest prevalence or protected zone to the other Party and, upon request of the importing Party, provide a full explanation and supporting data as provided for in the relevant ISPM or otherwise deemed appropriate. Unless the importing Party raises an objection and requests consultations within 120 calendar days, the regionalisation decision so notified shall be understood as accepted; and