|作者：||Indonesia and Australia|
COMPREHENSIVE ECONOMIC PARTNERSHIP AGREEMENT
INDONESIA AND AUSTRALIA (GOODS AND SERVICES)
Questions and Replies
The following communication, dated 15 October 2021, is being circulated at the request of the delegations of Indonesia and Australia.
Questions from the delegation of Canada
1.1. Section 126.96.36.199 of the factual presentation describes the Technical Barriers to Trade obligations in the RTA.
Why did Indonesia and Australia choose not to include the following obligations in the Technical Barriers to Trade Chapter:
· incorporation of certain WTO TBT commitments by reference;
The TBT Chapter includes an affirmation of the TBT Agreement article (Art 8.4) and both Parties agreed to base the IA–CEPA TBT Chapter on the WTO TBT Agreement. The Parties wanted the TBT Chapter to build on the WTO TBT Agreement rather than incorporate it. This is in line with both Parties' FTA precedent.
· application of FTA dispute settlement;
Given the cooperative nature of the WTO plus elements of the TBT Chapter, the Parties decided that dispute settlement would not apply to the chapter. The Parties consider the WTO as the appropriate body to resolve TBT disputes on WTO obligations. This is in line with both Parties' FTA precedent.
· National Treatment regarding the acceptance of the results of another Party's conformity assessment;
Regarding acceptance, both parties will give positive consideration of the other party's results and even if those procedures differ from its own, the party may accept such results provided it is satisfied that those procedures offer an assurance of conformity with applicable technical regulations or standards equivalent to its own procedures.