2. Pursuant to paragraph 1, each Party shall adopt or maintain procedures that:
(a) provide for advance electronic submission and processing of information before the physical arrival of goods subject to the satisfaction of certain conditions or requirements, to enable the release of goods on arrival to the extent possible;
(b) may allow importers to obtain the release of goods prior to meeting all import requirements of that Party if the importer provides sufficient and effective guarantees and where it is decided that neither further examination, physical inspection nor any other submission is required;
(c) provide for the release of goods within a period no greater than that required to ensure compliance with its customs and other trade-related laws and formalities and to the extent possible, within 48 hours of the goods' arrival; and
(d) allow goods, other than prohibited, controlled or regulated, to be released at the place of customs supervision, for free circulation, without temporary transfer to warehouses or other facilities.
Article 4.15. Express Shipments
1. Each Party shall adopt or maintain separate and expedited customs procedures for express shipments while maintaining appropriate customs control and selection. 2. These procedures shall:
(a) allow submission of a single manifest covering all goods contained in an express shipment, through, if possible, electronic means;
(b) to the extent possible, provide for certain goods to be cleared with a minimum of documentation; and
(c) apply without regard to an express shipment's weight or customs value, unless otherwise regulated by its domestic laws, regulations and rules.
Article 4.16. Post Clearance Audit
Each Party shall provide traders with the opportunity to benefit from the application of efficient post clearance audits. The application of post clearance audits shall not impose unwarranted or unjustified requirements or burdens on traders.
Article 4.17. Confidentiality
1. A Party shall maintain the confidentiality of the information provided by the other Party pursuant to this Chapter and protect it from disclosure that could prejudice the competitive position of the person providing the information. Any violation of the confidentiality shall be treated in accordance with the legislation of each Party.
2. The information referred to in paragraph 1 shall not be disclosed without the specific permission of the person or government providing such information.
Article 4.18. Consultation
1. The customs authorities of each Party may request consultations on any matter arising from the operation or implementation of this Chapter in cases where there are reasonable grounds or truth provided by the requesting Party. Such consultations shall be conducted through the relevant contact points in confirmation of the receipt of request within 10 working days from the date of receipt by the requested Party and shall take place within 60 days of the request, unless the customs authorities of the Parties mutually determine otherwise.
2. In the event that such consultations fail to resolve any such matter, the requesting Party may refer the matter to the Committee on Customs referred to in Article 4.19 for consideration.
3. Each customs authority shall designate one or more contact points for the purposes of this Chapter and provide details of such contact points to the other Party. Customs authorities of the Parties shall notify each other promptly of any amendments to the details of their contact points.
Article 4.19. Committee on Customs
1. With a view to the effective implementation and operation of this Chapter and Chapter 3 (Rules of Origin and Origin Implementation Procedures), a Committee on Customs (hereinafter referred to as the "Committee"), consisting of a Sub-Committee on Customs Procedures and Trade Facilitation (CPTF) and a Sub-Committee on Rules of Origin (ROO), is hereby established, under the Joint Commission.
2. The function of the Sub-Committee on CPTF shall be as follows:
(a) to ensure the proper function of this Chapter and resolve all issues arising from its application;
(b) to review the interpretation and implementation of this Chapter as well as the revision of this Chapter, as appropriate;
(c) to identify areas related to this Chapter to be improved for facilitating trade between the Parties; and
(d) to report to the Committee.
3. The Sub-Committee on CPTF shall consist of representatives from customs authorities of the Parties. The Sub-committee shall meet at such venues and times as agreed by the Parties.
Chapter 5. Sanitary and Phytosanitary Measures
Article 5.1. Objectives
The objectives of this Chapter are to:
(a) minimize the negative effects of sanitary and phytosanitary (hereinafter referred to as "SPS") measures on trade between the Parties while protecting human, animal or plant life or health in the Parties' territories;
(b) enhance transparency in and mutual understanding of the application of each Party's SPS measures;
(c) strengthen cooperation and communication among the competent authorities of the Parties which are responsible for matters covered by this Chapter; and
(d) enhance implementation of the SPS Agreement.
Article 5.2. Scope and Definitions
1. This Chapter shall apply to all SPS measures of a Party that may, directly or indirectly, affect trade between the Parties.
2. For the purposes of this Chapter, the definitions in Annex A to the SPS Agreement shall apply.
Article 5.3. Reaffirmation of the Sps Agreement
Except as otherwise provided for in this Chapter, the SPS Agreement shall apply between the Parties and is hereby incorporated into and made part of this Chapter.
Article 5.4. Technical Cooperation
1. The Parties agree to explore the opportunity for technical cooperation in SPS areas, with a view to enhancing the mutual understanding of the regulatory systems of the Parties and minimizing the negative effects on bilateral trade.
2. The Parties shall give due consideration to cooperation in relation to SPS issues. Such cooperation, which shall be on mutually agreed terms and conditions, may include, but is not limited to:
(a) furthering exchange of experience and cooperation in the development and application of domestic SPS measures as well as international standards;
(b) strengthening cooperation with respect to, inter alia, risk analysis methodology, disease/pest control methods, laboratory testing techniques, and exchange of information on domestic regulations;
(c) enhancing cooperation and exchange of experience between the WTO SPS Enquiry Points of the Parties;
(d) developing exchange programs for relevant officials of competent authorities, with the objectives of building capacity and confidence of the Parties regarding animal disease and plant pest management; and
(e) carrying out joint research and sharing the result of such research in areas, such as:
(i) animal and plant disease/pest surveillance;
(ii) animal and plant disease/pest prevention and control;
(iii) detection methods for pathogenic microorganisms in food; and
(iv) surveillance and control of harmful substances and agro-chemical and veterinary medicine residues and other food safety issues.
Article 5.5. Committee on the SPS Measures
1. The Parties hereby agree to establish a Committee on the SPS Measures (hereinafter referred to as the "Committee") comprising representatives of each Party's competent authorities of SPS matters.
2. The objectives of the Committee shall be to enhance each Party's implementation of the SPS Agreement, to protect human, animal, or plant life or health, to enhance cooperation and consultation on SPS matters, and to minimize the negative effects on trade between the Parties.
3. Recognizing that the resolution of SPS matters must rely on science and risk-based assessment and is best achieved through bilateral technical cooperation and consultation, the Committee shall seek to enhance present or future relations between the Parties' competent authorities of SPS matters. For these purposes, the Committee shall:
(a) recognize that scientific risk analysis shall be conducted and evaluated by the relevant regulatory agencies of each Party;
(b) enhance mutual understanding of each Party's SPS measures and the regulatory processes that relate to those measures;
(c) consult on matters related to the development or application of SPS measures that affect, or may affect, trade between the Parties;
(d) communicate timely, through the contact points of the Parties, the significant, sustained or recurring non-compliance with SPS requirements;
(e) consider, if necessary, upon request of a Party, establishing technical consultations on the basis of terms and conditions to be agreed by the Committee when one Party considers that an SPS measure of the other Party is likely to be applied, or has been applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination or disguised restriction, with a view to, as appropriate, seeking to address SPS matters of mutual interest to the Parties. Such consultations shall take place within a reasonable period of time from the date of the request;
(f) coordinate on issues, positions, and agenda for meetings of the WTO SPS Committee established under the SPS Agreement, the Codex Alimentarius Commission (CAC), the World Organization for Animal Health (OIE), the relevant international and regional organizations operating within the framework of the International Plant Protection Convention (IPPC), and other international and regional fora on food safety and on human, animal, or plant life or health;
(g) promote coordination of technical cooperation activities in relation to development, implementation, and application of SPS measures; and
(h) improve bilateral understanding related to specific implementation issues concerning the SPS Agreement, including clarification of each Party's regulatory frameworks and rulemaking procedures.
4. The Parties shall establish the Committee not later than 90 days after the date of entry into force of this Agreement through an exchange of letters identifying the primary representative of each Party to the Committee and establishing the Committee's terms of reference.
5. The Committee shall meet at least once a year unless the Parties otherwise agree. The venue of meetings shall also be mutually agreed and the chairmanship shall alternate between the Parties.
6. Each Party shall ensure that appropriate representatives with responsibility for the development, implementation, and enforcement of SPS measures from its relevant trade and regulatory agencies or ministries participate in the Committee meetings.
7. To coordinate the implementation of this Chapter, in particular the Committee meetings and to provide a means of information exchange within a reasonable period of time, the Parties shall designate the following contact points:
(a) for China, the General Administration of Quality Supervision, Inspection and Quarantine or its successor; and
(b) for Korea, the Ministry of Agriculture, Food and Rural Affairs or its successor.
Article 5.6. Non-application of Dispute Settlement
Neither Party shall have recourse to Chapter 20 (Dispute Settlement) for any matter arising under this Chapter.
Chapter 6. Technical Barriers to Trade
Article 6.1. Objectives
The objectives of this Chapter are to:
(a) promote mutual understanding of each Party's standards, technical regulations and conformity assessment procedures;
(b) strengthen cooperation, including information exchange in the field of standards, technical regulations and conformity assessment procedures, reduce the costs of trade, promote and facilitate bilateral trade between the Parties; and
(c) ensure that standards, technical regulations, and conformity assessment procedures do not create unnecessary obstacles to trade.
Article 6.2. Scope and Definitions
1. This Chapter shall apply to the preparation, adoption, and application of all standards, technical regulations, and conformity assessment procedures of the central government bodies that may affect trade in goods between the Parties.
2. Notwithstanding paragraph 1, this Chapter does not apply to:
(a) purchasing specifications prepared by governmental bodies for production or consumption requirements of such bodies; or
(b) sanitary and phytosanitary measures as defined in Annex A to the SPS Agreement.
3. Each Party shall take such reasonable measures as may be available to it to ensure compliance with the provisions of this Chapter by local government bodies within its territory which are responsible for the preparation, adoption and application of technical regulations, standards and conformity assessment procedures.
4. For the purposes of this Chapter, the definitions of Annex 1 to the TBT Agreement shall apply.
Article 6.3. Affirmation of the Tbt Agreement
The Parties affirm their existing rights and obligations with respect to each other under the TBT Agreement, and to this end, the TBT Agreement is incorporated into and made part of this Agreement.
Article 6.4. Standards
1. With respect to the preparation, adoption and application of standards, each Party shall take reasonable measures to ensure that its standardizing body accept and comply with Annex 3 to the TBT Agreement.
2. Each Party shall encourage the standardizing body or bodies in its territory to cooperate with the standardizing body or bodies of the other Party. Such cooperation shall include, but is not limited to, information and experience on standards.
3. Where technical regulation or conformity assessment procedures are required and relevant international standards exist or their completion is imminent, each Party shall use them, or the relevant parts of them, as a basis for their technical regulations and conformity assessment procedures except when such international standards or relevant parts would be an ineffective or inappropriate means for the fulfillment of the legitimate objectives pursued.
4. In determining whether an international standard in the sense of Article 2.4 of the TBT Agreement exists, each Party shall consider the Decision of WTO Committee on Technical Barriers to Trade (hereinafter referred to as "WTO TBT Committee"). Such international standards shall include, but are not limited to, those developed by the International Organization for Standardization (ISO), the International Electrotechnical Commission (IEC), the International Telecommunication Union (ITU) and Codex Alimentarius Commission (CAC).
Article 6.5. Technical Regulations
1. Each Party shall, upon written request of the other Party, give positive consideration to accepting as equivalent technical regulations of the other Party, even if these regulations differ from its own, provided that it is satisfied that these regulations adequately fulfill the objectives of its own regulations.
2. Where a Party does not accept a technical regulation of the other Party as equivalent to its own, it shall, upon request of the other Party, explain the reasons for its decision.
Article 6.6. Conformity Assessment Procedures
1. The Parties recognize that a broad range of mechanisms exist to facilitate the acceptance of the results of conformity assessment procedures conducted in the other Party's territory. For example:
(a) a Party may agree with the other Party to accept the results of conformity assessment procedures that bodies located in the other Party's territory conduct with respect to specific technical regulations;
(b) a Party may adopt accreditation procedures for qualifying conformity assessment bodies located in the other Party's territory;
(c) a Party may designate conformity assessment bodies located in the other Party's territory;
(d) a Party may recognize the results of conformity assessment procedures conducted in the other Party's territory;
(e) conformity assessment bodies located in each of the Parties' territories may enter into voluntary arrangements to accept the results of each other's assessment procedures; and
(f) the importing Party may rely on a supplier's declaration of conformity.
2. The Parties shall exchange information on their experience in the development and application of the approaches in paragraph 1 and other appropriate approaches and therefore encourage their conformity assessment bodies to work closer with a view to facilitating the acceptance of conformity assessment results between both Parties.
3. Each Party shall ensure that conformity assessment procedures are prepared, adopted and applied so as to grant access of like products originating in the territory of the other Party under conditions no less favorable than those accorded to suppliers of like products of national origin.
4. The Parties shall give positive consideration to a request by the other Party to negotiate agreements for the mutual recognition of the results of their respective conformity assessment procedures.
5. The Parties shall cooperate to limit the processing period and fees to the extent necessary for conformity assessment procedures.
Article 6.7. Transparency
1. Each Party shall allow a period of at least 60 days following the notification of its proposed technical regulations and conformity assessment procedures to WTO Central Registry of Notifications to solicit comments from the other Party except where urgent problems of safety, health, environmental protection, or national security arise or threaten to arise.
2. Each Party shall, upon request of the other Party, provide information on the objectives of, and rationale for, a technical regulation or conformity assessment procedure that the Party has adopted or is proposing to adopt.
3. Each Party should take the comments of the other Party into due consideration, received prior to the end of the comment period following the notification of a proposed technical regulation, and shall endeavor to provide responses to these comments upon request.
4. The Parties shall ensure that all adopted technical regulations and conformity assessment procedures are promptly published or otherwise made available in such a manner as to enable interested persons of the other Party and the other Party to become acquainted with them.
Article 6.8. Cooperation
1. The Parties shall intensify their joint efforts in the fields of technical regulations, standards and conformity assessment procedures with a view to enhancing the mutual understanding of their respective regulatory systems, improving technical competence and facilitating capacity building activities.
2. Each Party shall, upon request of the other Party, give positive consideration to proposals of cooperation on technical regulations, standards and conformity assessment procedures. Such cooperation, which shall be on mutually determined terms and conditions, may include but is not limited to:
(a) providing advice or technical assistance relating to the development and application of technical regulations, standards and conformity assessment procedures;
(b) encouraging cooperation between their respective organizations, public or private, responsible for metrology, standardization, testing, certification and accreditation;
(c) use of accreditation to qualify conformity assessment bodies;
(d) enhancing technical capacity in calibration, testing, inspection, certification and accreditation to meet relevant international standards, recommendations and guidelines;
(e) cooperation in areas of mutual interest in the work of relevant regional and international bodies relating to the development and application of standards and conformity assessment procedures;
(f) strengthening communication and coordination in the WTO TBT Committee and other relevant international or regional fora; and
(g) encouraging the implementation of the TBT Agreement.
3. The Parties agree to cooperate on establishment and operation of conformity assessment bodies of the other Party in its own territory.
4. The Parties agree to share information and experiences on developing relevant standards, technical regulations and conformity assessment procedures for products with new technology or new features.
5. The Parties shall encourage their national certification bodies to be member of the IECEE-CB scheme and the national certification bodies to accept each other's IECEE-CB test certificate as the basis for national certification to electric safety requirements in order to reduce duplicative testing and certification requirements.
Article 6.9. Consumer Product Safety
1. The Parties recognize the importance of ensuring safety of consumer products traded between the Parties.
2. The Parties shall exchange information on relevant regulatory systems, incident analysis, hazard alerts, products bans, product recalls and market surveillance activities
3. The Parties agree to cooperate on good regulatory practice, the development and implementation of risk management principles including product safety monitoring, and regulatory enforcement.
Article 6.10. Implementing Arrangements
The Parties agree to make their best efforts to negotiate possible implementing arrangements with regard to conformity assessment cooperation at their earliest convenience. The Parties may conclude further implementing arrangements in the area of mutual interest.
Article 6.11. Marking and Labeling
1. For the purposes of this Article, and in accordance with paragraph 1 of Annex 1 to the TBT Agreement, a technical regulation may include or deal exclusively with marking or labeling requirements.
2. Each Party shall, in accordance with Article 2.2 of the TBT Agreement, ensure that technical regulations, including mandatory marking or labeling of products, are not prepared, adopted or applied with a view to, or with the effect of, creating unnecessary obstacles to international trade. For this purpose, such technical regulations shall not be more trade restrictive than necessary to fulfill a legitimate objective.
3. Where a Party requires mandatory marking or labeling of products:
(a) the Party shall endeavour to minimize the requirements for marking or labeling other than marking or labeling relevant to consumers or users of the product;
(b) the Party may specify the form of labels or markings in a reasonable manner, but shall not require any prior approval, registration or certification in this regard. This provision is without prejudice to the right of the Party to require prior approval of the specific information to be provided on the label or marking in the light of the relevant domestic regulation;
(c) the Party shall, where it requires the use of a unique identification number by economic operators, issue such number to the economic operators of the other Party without undue delay and on a non-discriminatory basis;
(d) the Party shall remain free to require that information on the marks or labels be in a specified language. Where an international system of nomenclature has been accepted by the Parties, such nomenclature may be used. The simultaneous use of additional languages shall not be prohibited, provided that:
(i) the information provided in the other languages is identical to that provided in the specified language; or
(ii) the information provided in the additional language does not constitute a deceptive statement regarding the product; and
(e) the Party shall, where it considers that legitimate objectives in accordance with the TBT Agreement are not compromised thereby, endeavour to accept non-permanent or detachable labels.
Article 6.12. Measures at the Border
Where a Party detains, at a port of entry, goods including testing samples for conformity assessment exported from the other Party due to a perceived failure to comply with a technical regulation or conformity assessment procedures, the reasons for the detention shall be promptly notified to the importer or his or her representative.
Article 613. Committee on Technical Barriers to Trade
1. The Parties hereby establish a Committee on Technical Barriers to Trade (hereinafter referred to as the "Committee"), composed of representatives of each Party as set out in paragraph 4.
2. The Committee's functions shall include:
(a) working to facilitate implementation of this Chapter and cooperation between the Parties in all matters pertaining to this Chapter;
(b) monitoring and encouraging the implementation, enforcement, and administration of this Chapter;
(c) promptly addressing any issue that a Party raises related to the development, adoption, application, or enforcement of standards, technical regulations, or conformity assessment procedures;
(d) enhancing cooperation between the Parties in the areas set out in Article 6.8;