The Parties affirm that their technical regulations including or dealing exclusively with mandatory marking or labelling will follow the principles of Article 2 of the TBT Agreement.
Unless it is necessary in view of the legitimate objectives referred to in Article 2.2 of the TBT Agreement, the Parties agree that where a Party requires mandatory marking or labelling of products:
the Party shall only require information which is relevant for consumers or users of the product or to indicate the product’s conformity with the mandatory technical requirements;
the Party shall not require any prior approval, registration or certification of the labels or markings of products, nor any fee disbursement, as a precondition for placing on its market products that otherwise comply with its mandatory technical requirements;
where the Party requires the use of a unique identification number by economic operators, the Party shall issue such number to the economic operators of the other Party without undue delay and on a non-discriminatory basis;
provided it is not misleading, contradictory or confusing in relation to the information required in the importing Party of the goods, the Party shall permit the following:
information in other languages in addition to the language required in the importing Party of the goods;
internationally accepted nomenclatures, pictograms, symbols or graphics, as defined by the organisations listed in, but not limited to, Annex 1; and
additional information to that required by the importing Party on the goods.
the Party shall accept that labelling, including supplementary labelling or corrections to labelling, take place in customs warehouses or other designated areas in the customs territory of the importing Party unless such labelling is required to be carried out by competent authorities or by approved entities, as applicable, for reasons of public health or safety; and
the Party shall endeavour to the extent possible to accept non-permanent or detachable labels, or inclusion of relevant information in the accompanying documentation, rather than labels physically attached to the product.
Paragraph 2 of this Article shall not apply to marking or labelling of medicinal products as defined by the legislation of the respective Party.
Article Article 7. 9
Cooperation on Market Surveillance3
The Parties recognise the importance of cooperation on market surveillance, safety and compliance for the facilitation of trade and for the protection of consumers and other users, and of building mutual trust based on timely shared information.
The Parties shall ensure that:
market surveillance functions are carried out by the competent authorities and that no conflicts of interest exist between the market surveillance function and the conformity assessment function; and
there are no conflicts of interest between market surveillance bodies and the economic operators subject to control or supervision.
The Parties may cooperate and exchange views and information on matters related to market surveillance and enforcement activities.
The Union may provide Indonesia with selected information from its rapid alert system, or its successor, with respect to consumer products as referred to in Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety or its successor, and Indonesia may provide the Union with selected information from its relevant databases with respect to consumer products as referred in its laws and regulations, on the safety of consumer products and on preventive, restrictive and corrective measures taken. The information exchange may take the form of:
non-systematic exchange, in duly justified and specific cases, excluding personal data; or
systematic exchange, based on relevant arrangement on the safety of consumer products as established by a decision of the Trade Committee in Annex 7-D (Arrangement referred to in Article 7.9(4) for the systematic exchange of information in relation to the safety of non-food products and related preventive restrictive and corrective measures).
The Parties may, subject to their respective laws and regulations, systematically exchange information on non-compliant products, including by electronic means, based on an arrangement established by a decision of the Trade Committee in Annex 7-E (Arrangement referred to in Article 7.9(5) for the regular exchange of information regarding measures taken on non-compliant non-food products, other than those covered by article 7.9(4)).
Within the context of this Agreement, the Parties shall use the information obtained pursuant to paragraphs 3, 4 and 5 for the sole purpose of protection of consumers, health, safety or the environment, and treat it as confidential.
The arrangements referred to in paragraphs 4 and 5 shall specify the type of information to be exchanged, the modalities for the exchange and the application of confidentiality and personal data protection rules.
[The Trade Committee shall have the power to adopt decisions in order to establish or amend Annexes 7-D (Arrangement referred to in Article 7.9(4) for the systematic
3 For the purposes of this Article, “market surveillance” is the activity carried out by relevant public authorities to ensure that products on the market conform and comply with the Parties’ applicable laws and regulations.
exchange of information in relation to the safety of non-food products and related preventive restrictive and corrective measures) and 7-E (Arrangement referred to in Article 7.9(5) for the regular exchange of information regarding measures taken on non-compliant non-food products, other than those covered by article 7.9(4)) referred to in point (b) of paragraphs 4 and paragraph 5.
Article Article 7.10
Technical Discussions and Consultations
Each Party may request to discuss any draft or proposed technical regulation or conformity assessment procedure of the other Party that the Party considers might significantly adversely affect trade between the Parties. The request shall be made in writing and identify:
the measure at issue;
the provisions of this Chapter to which the concerns relate; and
the reasons for the request, including a description of the requesting Party’s concerns regarding the measure.
A Party shall deliver its request to the Chapter Coordinator of the other Party designated pursuant to Article 7.11 (TBT Chapter Coordinator).
At the request of either Party, the Parties shall meet to discuss the concerns raised in the request, in person or via video or teleconference, within 60 days of the date of the request and shall endeavour to resolve the matter as expeditiously as possible. If the requesting Party believes that the matter is urgent, it may request that any meeting take place within a shorter time frame. In such cases, the responding Party shall give positive consideration to such a request.
A Party may request consultations with the other Party regarding any matter arising under this Chapter by delivering a written request to the TBT Chapter Coordinator of the other Party pursuant to Article 11 (TBT Chapter Coordinator). The Parties shall make every attempt to arrive at a mutually satisfactory resolution of the matter.
For greater certainty, this Article is without prejudice to a Party’s rights and obligations under Chapter 22 (Dispute Settlement) of this Agreement.
Article Article 7.11
TBT Chapter Coordinator
Each Party shall nominate a TBT Chapter Coordinator and inform the other Party if it changes. The TBT Chapter Coordinators shall work jointly to facilitate the implementation of this Chapter and cooperation between the Parties in all matters arising under the Chapter.
The functions of the TBT Chapter Coordinators shall include:
monitoring the implementation and administration of this Chapter, promptly addressing any issue that either Party raises related to the development, adoption, application or enforcement of standards, technical regulations and conformity assessment procedures, and upon either Party’s request, consulting on any matter arising under this Chapter;
enhancing cooperation in the development and improvement of standards, technical regulations and conformity assessment procedures;
arranging the establishment of technical discussions as appropriate in accordance with Article 7.10 (Technical Discussions and Consultations); and
exchanging available information on developments in non-governmental, regional, and multilateral fora related to standards, technical regulations, and conformity assessment procedures.
The TBT Chapter Coordinators shall communicate with one another by any agreed method that is appropriate to carry out their functions.
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 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 8
LIBERALISATION OF INVESTMENT AND TRADE IN SERVICES
SECTION A GENERAL PROVISIONS
Article ARTICLE 8.1
Objectives
The Parties, reaffirming their respective commitments under the WTO Agreement and their commitment to create a better climate for the development of trade and investment between them, hereby lay down the necessary arrangements for the progressive liberalisation of investment and trade in services.
Article ARTICLE 8.2
Right to regulate
The Parties reaffirm the right to regulate within their territories to achieve legitimate policy objectives, such as the protection of public health, safety, environment including climate change, public morals, social or consumer protection, privacy and data protection, sustainable development or promotion and protection of cultural diversity.
Article ARTICLE 8.3
Coverage
This Chapter applies to measures adopted or maintained by1:
central, regional or local governments and authorities; and
non-governmental bodies in the exercise of powers delegated by central, regional or local governments or authorities.
This Agreement shall not apply to measures affecting natural persons seeking access to the employment market of a Party, nor shall it apply to measures regarding citizenship, residence or employment on a permanent basis.
Nothing in this Agreement shall prevent a Party from applying measures to regulate the entry of natural persons into, or their temporary stay in, its territory, including those measures necessary to protect the integrity of, and to ensure the orderly movement of natural persons across its borders, provided that such measures are not applied in such a manner as to nullify or impair the benefits2 accruing to any Party under the terms of a specific commitment in this Chapter and its Annexes.
This Chapter shall not apply to:
government procurement of goods or services, or any combination thereof, for governmental purposes and not with a view to commercial sale or resale or use in the production or supply of goods or services for commercial sale or resale; and
without prejudice to Article 8.11(2) (Performance Requirements) of this Section subsidies or grants provided by authorities of a Party, including government-supported loans, guarantees, and insurance.
1 For greater certainty, the entities listed under subparagraphs 1 (a) and 1 (b) can adopt or maintain a measure by instructing or directing other entities with regard to the measure.
2 The sole fact of requiring a visa for natural persons of certain countries and not for those of others shall not be regarded as nullifying or impairing benefits under a specific commitment.
Article ARTICLE 8.4
Definitions
For purposes of this Chapter:
"natural person of a Party" means
for the European Union a national of one of the Member States of the European Union according to its legislation 3; and
for Indonesia means a national of Indonesia according to its legislation;
for greater certainty, if a person possesses dual nationality of both Parties, she or he shall be deemed to be exclusively a national of the country of her or his dominant and effective nationality.
"juridical person" means any legal entity duly constituted or otherwise organised under applicable law, whether for profit or otherwise, and whether privately-owned or governmentally-owned, including any corporation, trust, partnership, joint venture, sole proprietorship or association;
"juridical person of a Party" means:
for the European Union, a juridical person set up in accordance with the laws of the European Union or of at least one Member State of the European Union and engaged in substantive business operations4 in the territory of the European Union; and
3 In the case of the European Union, the definition of natural person also includes natural persons permanently residing in the Republic of Latvia who are not citizens of the Republic of Latvia or any other state but who are entitled, under laws and regulations of the Republic of Latvia, to receive a non-citizen’s passport.
4 In line with its notification of the Treaty establishing the European Community to the WTO (WT/REG39/1), the European Union understands that the concept of “effective and continuous link” with the economy of a Member State of the European Union enshrined in Article 54 of the TFEU is equivalent to the concept of “substantive business operations”.
for Indonesia, a juridical person set up in accordance with the laws of Indonesia and engaged in substantive business operations in the territory of Indonesia;
Notwithstanding subparagraph (c) of this Article, shipping companies established outside the European Union or Indonesia and controlled by natural persons of a Member State of the European Union or of Indonesia, respectively, shall also be beneficiaries of the provisions of this Title if their vessels are registered in accordance with their respective legislation, in that Member State or in Indonesia and fly the flag of a Member State or of Indonesia;
"enterprise" means a juridical person, branch or representative office set up through establishment, as defined under this Article;
"establishment" means the setting up or the acquisition of an enterprise in Indonesia or in the EU respectively with a view to establishing or maintaining lasting economic links;
"economic activities" mean activities of an industrial, commercial or professional character and activities of craftsmen, including the supply of services, except for activities performed or services supplied in the exercise of governmental authority;
"operation" includes the conduct, management, maintenance, use, enjoyment, sale or other disposal of an enterprise by an investor of one Party in the territory of the other Party;
"service" includes any service in any sector but not services supplied in the exercise of governmental authority;
"activities performed or services supplied in the exercise of governmental authority" means activities performed or services supplied neither on a commercial basis nor in competition with one or more economic operators;
"cross-border supply of services" means the supply of a service:
from the territory of a Party into the territory of the other Party; and
in the territory of a Party to the service consumer of the other Party;
"service supplier" of a Party means any natural or juridical person of a Party that seeks to supply or supplies a service;
"measure" includes any measure by a Party, whether in the form of a law, regulation, rule, procedure, decision, administrative action, or any other form;
"investor" means a natural person or a juridical person of a Party that seeks to establish 5, is establishing or has already established an enterprise in the territory of the other Party;
"covered enterprise" means an enterprise which is owned, directly or indirectly, or controlled, directly or indirectly6, by investors of one Party in the territory of the other Party made in accordance with applicable laws7, whether established before or after the entry into force of this Agreement;
"freely convertible currency" means a currency which can be freely exchanged against currencies that are widely traded in international foreign exchange markets and widely used in international transactions;8
5 For greater certainty, the Parties understand that, for the purposes of the definition of “investor”, an investor that “seeks to establish” an enterprise refers to an investor that has taken concrete steps to establish an enterprise. Where a notification or approval process is required for establishing an enterprise, an investor that “seeks to establish” an enterprise refers to an investor that has initiated such notification or approval process.
6A juridical person is:
“owned” by a natural or juridical person of a Party if more than 50% of the equity interest is beneficially owned by natural or juridical person of that Party;
“controlled” by a natural or juridical person of a Party if that natural or juridical person has the power to appoint a majority of its directors or otherwise to legally direct its actions.
7 In the case of investments made in Indonesia, ‘in accordance with applicable laws’ may include specific approval in writing if applicable.
8 For greater certainty, currencies that are widely traded in international foreign exchange market and widely used in international transactions include freely usable currencies as designated by the International Monetary Fund (IMF) in accordance with the Articles of Agreement of the IMF.
"aircraft repair and maintenance services" mean such activities when undertaken on an aircraft or a part thereof while it is withdrawn from service and do not include so-called line maintenance;
"selling and marketing of air transport services" mean opportunities for the air carrier concerned to sell and market freely its air transport services including all aspects of marketing such as market research, advertising and distribution. These activities do not include the pricing of air transport services nor the applicable conditions;
"computer reservation system (CRS) services" mean services provided by computerised systems that contain information about air carriers’ schedules, availability, fares and fare rules, through which reservations can be made or tickets may be issued; and
"ground handling services" mean the supply at an airport of the following services: airline representation, administration and supervision; passenger handling; baggage handling; ramp services; catering; air cargo and mail handling; fuelling of an aircraft, aircraft servicing and cleaning; surface transport; flight operation, crew administration and flight planning.
Ground handling services do not include security, aircraft repair and maintenance, or management or operation of essential centralised airport infrastructure such as de-icing facilities, fuel distribution systems, baggage handling systems, and fixed intra-airport transport systems.
Article ARTICLE 8.5
Denial of benefits
A Party may deny the benefits of this Chapter to an investor or a service supplier of the other Party or to a covered enterprise if the denying Party adopts or maintains measures related to the maintenance of international peace and security, including measures to address serious human rights violations and abuses, which:
prohibit transactions with that investor, service supplier or covered enterprise, or
would be violated or circumvented if the benefits of this Chapter were accorded to that investor, service supplier or covered enterprise, including where the measures prohibit transactions with a natural or juridical person who owns or controls any of them.
SECTION B LIBERALISATION OF INVESTMENTS
Article ARTICLE 8.6
Scope
This Section applies to measures adopted or maintained by a Party affecting the establishment of an enterprise or the operation of a covered enterprise for the pursuit of economic activities by an investor of the other Party in its territory.
The provisions of this Section do not apply to:
audio-visual services;
national maritime cabotage9; and
domestic and international air transport services, whether scheduled or non-scheduled, and services directly related to the exercise of traffic rights, other than:
aircraft repair and maintenance services;
9 Without prejudice to the scope of activities which may be considered as cabotage under the relevant national legislation, national maritime cabotage under this Chapter covers transportation of passengers or goods between a port or point located in Indonesia or in a Member State of the European Union and another port or point located also in Indonesia including its continental shelf, archipelagic waters and EEZ or also in that same Member State of the European Union, including on its continental shelf, as provided in the UN Convention on the Law of the Sea, and traffic originating and terminating in the same port or point located in Indonesia or in a Member State of the European Union.
the selling and marketing of air transport services;
computer reservation system (CRS) services; and
(1) groundhandling services.
Article ARTICLE 8.7
Market access
With respect to market access through establishment or operation in its territory, each Party shall accord to investors of the other Party and to covered enterprises treatment no less favourable than that provided for under the terms, limitations and conditions agreed and specified in the Schedule of specific commitments contained in Annexes […] (lists of commitments on liberalisation of investments).
In sectors where market access commitments are undertaken, the measures which a Party shall not adopt or maintain on the basis of a regional subdivision or on the basis of its entire territory, unless otherwise specified in its Schedule of specific commitments contained in Annexes […] (lists of commitments on liberalisation of investments) are defined as:
limitations on the number of enterprises, whether in the form of numerical quotas, monopolies, exclusive rights or other requirement relating to establishment such as economic needs tests;
limitations on the total value of transactions or assets in the form of numerical quotas or the requirement of an economic needs test;
limitations on the total number of service operations or on the total quantity of service output expressed in terms of designated numerical units in the form of quotas or the requirement of an economic needs test;10
10 Subparagraphs 2 (a), (b), and (c) do not cover measures taken in order to limit the production of an agricultural or fishing product.
limitations on the participation of foreign capital in terms of maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment;
measures which restrict or require specific types of legal entity or joint venture through which an investor of the other Party may carry out an economic activity; and
limitations on the total number of natural persons that may be employed in a particular sector or that an enterprise may employ and who are necessary for, and directly related to, the performance of economic activity in the form of numerical quotas or the requirement of an economic needs test.
Article ARTICLE 8.8
National treatment
In the sectors inscribed in the Schedule of specific commitments in Annexes […] (lists of commitments on liberalisation of investments) and subject to any conditions and qualifications set out therein, each Party shall accord to investors of the other Party and to covered enterprises, as regards their establishment in its territory, treatment no less favourable than the treatment it accords, in like situations, to its own investors and their enterprises.
Each Party shall accord to investors of the other Party and to covered enterprises, as regards their operation in its territory, treatment no less favourable than the treatment it accords, in like situations, to its own investors and their enterprises.
The treatment to be accorded by a Party under paragraphs 1 and 2 of this Article means, with respect to a government of a subnational region of Indonesia, treatment no less favourable than the most favourable treatment accorded in like situations, by that government to investors, and to enterprises of investors, of that subnational region.
The treatment to be accorded by a Party under paragraphs 1 and 2 of this Article means, with respect to a government of or in a Member State of the European Union, treatment no less favourable
than the most favourable treatment accorded in like situations, by that government to investors of that Member State and to their enterprises in its territory.