BACKGROUND
On the basis of Article 3.(iii) of the Memorandum of
Understanding between the Taipei Economic and Cultural Office in
Australia and the Australian Office in Taipei on Agribusiness
and Agricultural Cooperation signed on September 18, 2018, the
Taipei Economic and Cultural Office in Australia (TECO) and the
Australian Office in Taipei (AO) (hereinafter referred to as the
Parties) have come to an understanding to set out a framework
through which the Council of Agriculture, Executive Yuan,
Taiwan, (hereinafter referred to as COA) and the Department of
Agriculture (DA), Australia, will work together in order to
facilitate the trade of organic products between the customs
territories represented by the Parties through the mutual
recognition of organic equivalence and waiver of additional
certifications of imported products upon trade. COA and DA are
collectively referred to as the Competent Authorities.

Through this Arrangement, the Parties intend to:
‧ensure that organic products traded between Taiwan and
Australia are accurately described and their production and
processing meets relevant laws, regulations and requirements
established by Taiwan and Australia (hereinafter referred to
as Requirements);
‧establish an Official Organic Assurance mechanism that issues
documents to attest for the products traded under this
Arrangement.
‧These intentions embodied in this Arrangement are set out as
follows:
1 SCOPE AND EFFECT OF THIS ARRANGEMENT
1.1 This Arrangement covers organic products that are produced
,and made in, the jurisdictions of the Parties, including
crops, livestock, aquatic plants, and processed foods with
the exception of bee products. The requirements for the
above product categories are listed in the Appendix.
1.2 Organic products that are subject to this Arrangement are
any and all products described as ‘organic’ produced in
accordance with the Parties’ respective organic
production standards and certified by a duly constituted
organic certification body or authority.
2.OPERATION OF THIS ARRANGEMENT
2.1 Nothing in this Arrangement affects in any way, the rights
and obligations of the Separate Customs Territory of
Taiwan, Penghu, Kinmen and Matsu and Australia under the
Marrakesh Arrangement Establishing the World Trade
Organization (WTO Arrangement).
3.RESPONSIBILITIES OF THE COMPETENT AUTHORITIES
3.1 The Competent Authorities will operate according to their
own export inspection and certification programs covering
the export of organic products from their respective
jurisdictions, as described in:
in the case of the COA, the Organic Agriculture Promotion
Act and associated Standards, which require that organic
products exported from Taiwan meet Taiwan ’ s organic
Requirements; and
in the case of DA, the Export Control Act 1982 and
associated Regulations and Orders, including the Export
Control (Organic Produce Certification) Orders 2005, which
require that organic products exported from Australia meet
Australia ’ s organic Requirements, and the additional
requirements for organic products exported to Taiwan that
the Australian authority agreed to in 2008 and 2017
respectively.
3.2 The Competent Authorities will mutually recognise each
other as a foreign exporting authority that is capable of
providing inspection and certification of the nature of
the organic products and recognise the document issued
under the Official Organic Assurance as a valid
attestation such that:
the additional certification of the organic nature of the
product upon the trade of organic products from Taiwan to
Australia will not be required; and
the additional certification of the organic nature of the
product upon the trade of organic products from Australia
to Taiwan will not be required.
3.3 Each Competent Authority will immediately notify the other
in writing if the Requirements have been found not to be
met.
3.4 The Competent Authorities will notify of any changes to
their respective organic legislation through the World
Trade Organisation Technical Barriers to Trade
Arrangement.
3.5 In the event that a systems audit is required, each Party
should cover all expenses associated with conducting the
audit of the other Party's systems unless otherwise
mutually decided.
4.ASSESSMENT AND VERIFICATION PROVISIONS
4.1 COA will check the validity of the document accompanying
each shipment of organic products issued under the
Official Organic Assurance and will not implement
additional certification of the organic nature of the
product.
4.2 DA may check the validity of the document accompanying
each shipment of organic products issued under the
Official Organic Assurance and will not implement
additional certification of the organic nature of the
product. It is noted that such verification is not
required by Australia ’ s Imported Food Control Act 1992
(Commonwealth).
5.TRANSPARENCY, INFORMATION EXCHANGE AND COOPERATION
5.1 Subject to the statutory limitations in each Party ’ s
jurisdiction, the Competent Authorities will cooperate and
communicate as appropriate in relation to the operation of
this Arrangement. This will include, but not be limited
to, communication and cooperation on legislation,
policies, procedures and guidelines concerning enforcement
and inspection. Specific information that will be
exchanged to facilitate the continued operation of this
Arrangement includes:
(a) Descriptions of adverse findings during inspections
conducted by a Competent Authority that may cause product
in trade to fail the Requirements.
(b) Descriptions of adverse findings of random compliance
checks carried out by a Competent Authority and the
disposition of implicated product and inspection rates
that may be applicable to subsequent shipments.
(c) Falsification of documents issued under the Official
Organic Assurance.
6.NOTIFICATIONS OF SERIOUS PUBLIC HEALTH RISKS
6.1 Subject to the statutory limitations in each Party ’ s
jurisdiction, the Competent Authorities will inform each
other in writing when there is an identified risk of
serious public health effects related to the trade of
organic products between Taiwan and Australia.
7.DISPUTE SETTLEMENT
7.1 In the event of disagreement between the Parties in
relation to the interpretation or application of this
Arrangement, the Parties should seek consultations between
the Competent Authorities, without prejudice to the rights
and obligations of the Separate Customs Territory of
Taiwan, Penghu, Kinmen and Matsu and Australia under the
WTO Arrangement, or to the Parties' rights under the
dispute settlement mechanisms of other international
organisations or to those that are established under any
other international Arrangement, or to relevant dispute
settlement mechanisms applicable in the territories of the
Competent Authorities.
8.LIAISON OFFICIALS
8.1 All notices and communications issued under this
Arrangement will be issued to the following personnel who
will act as the contact point for each respective Party:
Taiwan Australia
Director-General Assistant Secretary
Agriculture and Food Export Standards
Agency Branch
Council of Agriculture Department of
Agriculture
9.REVIEW, MODIFICATION AND TERMINATION
9.1 This Arrangement may be amended and supplemented as
mutually consented to in writing by both Parties at any
time.
9.2 Either Party may terminate this Arrangement at any time by
giving six (6) months ’ prior written notice to the other
Party. This Arrangement will cease to have effect six (6)
months after receipt thereof by the other Party.
10. COMING INTO EFFECT
This Arrangement will come into effect on the date of the
last signature.

In witness whereof, the Parties have caused their duly
authorized representatives to sign this Arrangement.

Signed in two originals in the English language


For Taipei Economic For Australian Office
and Cultural Office in in Taipei
Australia
__________________ __________________
Mr Yii-Lih Charng Mr Gary Cowan
Representative, TECO Representative, AO
Date: 23 Jan 2020 Date: 20 Jan 2020
Place: Canberra Place: Taipei