Title
FRAMEWORK AGREEMENT BETWEEN THE EUROPEAN UNION AND ITS MEMBER STATES, OF THE ONE PART, AND AUSTRALIA, OF THE OTHER PART
Preamble
The EUROPEAN UNION, hereinafter referred as "the Union",
and
THE KINGDOM OF BELGIUM,
THE REPUBLIC OF BULGARIA,
THE CZECH REPUBLIC,
THE KINGDOM OF DENMARK,
THE FEDERAL REPUBLIC OF GERMANY,
THE REPUBLIC OF ESTONIA,
TRELAND,
THE HELLENIC REPUBLIC,
THE KINGDOM OF SPAIN,
THE FRENCH REPUBLIC,
THE REPUBLIC OF CROATIA,
THE ITALIAN REPUBLIC,
THE REPUBLIC OF CYPRUS,
THE REPUBLIC OF LATVIA,
THE REPUBLIC OF LITHUANIA,
THE GRAND DUCHY OF LUXEMBOURG,
HUNGARY,
THE REPUBLIC OF MALTA,
THE KINGDOM OF THE NETHERLANDS,
THE REPUBLIC OF AUSTRIA,
THE REPUBLIC OF POLAND,
THE PORTUGUESE REPUBLIC,
ROMANIA,
THE REPUBLIC OF SLOVENIA,
THE SLOVAK REPUBLIC,
THE REPUBLIC OF FINLAND,
THE KINGDOM OF SWEDEN,
THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,
Member States of the European Union, hereinafter referred to as the "Member States", of the one part, and
AUSTRALIA,
of the other part,
hereinafter referred to as "the Parties",
CONSIDERING their shared values and close historical, political, economic and cultural ties; WELCOMING the progress made in developing their long-lasting and mutually beneficial relationship through the adoption of the Joint Declaration on Relations between the European Union and Australia of 26 June 1997 and the implementation of the 2003 Agenda for Cooperation;
RECOGNISING tevitalised engagement and cooperation between Australia and the Union since the development of the Australia-European Union Partnership Framework adopted on 29 October 2008;
REAFFIRMING their commitment to the purposes and principles of the Charter of the United Nations ("UN Charter") and to strengthening the role of the United Nations ("UN");
REAFFIRMING their commitment to democratic principles and human rights as laid down in the Universal Declaration of Human Rights and other relevant international human rights instruments as well as to the principles of the rule of law and good governance;
EMPHASISING the comprehensive nature of their relationship and the importance of providing a coherent framework to promote the development of this relationship;
EXPRESSING their common will to elevate their relations into a strengthened partnership;
CONFIRMING their desire to intensify and develop their political dialogue and cooperation;
DETERMINED to consolidate, deepen and diversify cooperation in areas of mutual interest, at the bilateral, regional and global levels and for their mutual benefit;
EXPRESSING their commitment to create an environment conducive to greater bilateral trade and investment;
AFFIRMING their will to strengthen cooperation in the field of justice, freedom and security;
RECOGNISING the mutual benefits of enhanced cooperation in the areas of education, culture, research and innovation;
EXPRESSING their will to promote sustainable development in its economic, social and environmental dimensions;
BUILDING on the agreements concluded between the Union and Australia, notably in relation to science, air services, wine, the security of classified information, conformity assessment procedures for industrial products and the exchange of air passengers' data;
NOTING that in case the Parties decide, within the framework of this Agreement, to enter into specific agreements in the area of freedom, security and justice which were to be concluded by the Union pursuant to Title V of Part Three of the Treaty on the Functioning of the European Union, the provisions of such future agreements would not bind the United Kingdom and/or Ireland unless the Union, simultaneously with the United Kingdom and/or Ireland as regards their respective previous bilateral relations, notifies Australia that the United Kingdom and/or Ireland has/have become bound by such agreements as part of the Union in accordance with Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union. Likewise, any subsequent Union internal measures which were to be adopted pursuant to the above mentioned Title V to implement this Agreement would not bind the United Kingdom and/or Treland unless they have notified their wish to take part or accept such measures in accordance with Protocol No 21. Also noting that such future agreements or such subsequent Union internal measures would fall within Protocol No 22 on the position of Denmark annexed to the said Treaties,
HAVE AGREED AS FOLLOWS:
Body
Title I. PURPOSE AND BASIS OF THE AGREEMENT
Article 1. Purpose of the Agreement
1. The purpose of this Agreement is to:
(a) establish a strengthened partnership between the Parties;
(b) provide a framework to facilitate and promote cooperation across a broad range of areas of mutual interest; and
(c) enhance cooperation in order to develop solutions to regional and global challenges.
2. In this context, the Parties affirm their commitment to intensifying high-level political dialogue, and reaffirm the shared values and common principles that underpin their bilateral relations and form a basis for cooperation.
Article 2. Basis of Cooperation
1. The Parties agree to strengthen their strategic relationship and intensify cooperation at the bilateral, regional and global levels, on the basis of shared values and common interests.
2. The Parties confirm their commitment to democratic principles, human rights and fundamental freedoms and the rule of law. Respect for democratic principles and human rights and fundamental freedoms as laid down in the Universal Declaration of Human Rights, as given expression in the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, and other international human rights instruments which the Parties have ratified or acceded to, and for the principle of the rule of law, underpins the domestic and international policies of the Parties and constitutes an essential element of this Agreement.
3. The parties confirm their strong support for the UN Charter and the shared values expressed therein.
4. The Parties reaffirm their commitment to promoting sustainable development and economic growth, contributing to the attainment of internationally agreed development goals and cooperating to address global environmental challenges, including climate change.
5. The Parties emphasise their shared commitment to the comprehensive nature of their bilateral relationship and to maintaining overall coherence in this regard, on the basis of this Agreement.
6. The implementation of this Agreement shall be based on the principles of dialogue, mutual respect, equal partnership, consensus and respect for international law.
Title II. POLITICAL DIALOGUE AND COOPERATION ON FOREIGN POLICY AND SECURITY MATTERS
Article 3. Political Dialogue
1. The Parties agree to enhance their regular political dialogue.
2. The political dialogue shall aim to:
(a) promote the development of the bilateral relationship; and
(b) strengthen the Parties' common approaches and identify scope for cooperation on regional and global challenges and issues.
3. Dialogue between the Parties shall particularly take place in the following forms:
(a) consultations, meetings and visits at leaders level, which shall be held whenever the Parties deem it necessary;
(b) consultations, meetings and visits at ministerial level, including consultations at foreign minister level, and ministerial meetings on trade and other issues as determined by the Parties, which shall be held on such occasions and at such locations as determined by the Parties;
(c) regular senior officials meetings, which shall be held as appropriate on bilateral issues, foreign policy, international security, counter-terrorism, trade, development cooperation, climate change and other issues as determined by the Parties;
(d) sectoral dialogues on issues of common interest; and
(e) exchanges of delegations and other contacts between the Parliament of Australia and the European Parliament.
Article 4. Commitment to Democratic Principles, Human Rights and the Rule of Law
The Parties agree to:
(a) promote core principles regarding democratic values, human rights and the rule of law, including in multilateral fora;
(b) collaborate and coordinate, where appropriate, including with third countries, in the practical advancement of democratic principles, human rights and the rule of law;
(c) foster participation in each other's efforts to promote democracy, including through establishing arrangements to facilitate participation in election observation missions.
Article 5. Crisis Management
1. The Parties reaffirm their commitment to cooperating in promoting international peace and stability.
2. To this end, they shall explore possibilities to coordinate crisis management activities, including possible cooperation in crisis management operations.
3. The Parties shall work to implement the Agreement between the European Union and Australia establishing a framework for the participation of Australia in European crisis management operations.
Article 6. Countering the Proliferation of Weapons of Mass Destruction
1. The Parties consider that the proliferation of weapons of mass destruction ("WMD") and their means of delivery, both to State and non-State actors, represents one of the most serious threats to international stability and security.
2. The Parties agree to cooperate in and contribute towards countering the proliferation of WMD and their means of delivery through full implementation of their existing obligations under international disarmament and non-proliferation treaties and agreements and other relevant agreements ratified or acceded to by the Parties. The Parties agree that this provision constitutes an essential element of this Agreement.
3. The Parties furthermore agree to cooperate and to contribute to countering the proliferation of WMD and their means of delivery by:
(a) taking all necessary steps to sign, ratify or accede to, as appropriate, and fully implement all relevant international instruments and to promote such instruments;
(b) maintaining an effective system of national export controls, controlling the export as well as the transit of WMD-related goods, including a WMD end-use control on dual-use technologies and containing effective sanctions for breaches of export controls;
(c) promoting implementation of all relevant UN Security Council resolutions;
(d) cooperating in multilateral fora and export control regimes to promote the non-proliferation of WMD;
(e) collaborating and coordinating on outreach activities relating to chemical, biological, radiological and nuclear safety, security and non-proliferation and to sanctions; and
(f) exchanging relevant information on measures taken under this Article, where appropriate and in accordance with their respective competences.
4. The Parties agree to maintain a regular political dialogue that shall accompany and consolidate these elements.
Article 7. Small Arms and Light Weapons and other Conventional Weapons
1. The Parties recognise that the illicit manufacture, transfer and circulation of small arms and light weapons ("SALW"), and their ammunition, and their excessive accumulation, poor management, inadequately secured stockpiles and uncontrolled spread continue to pose a serious threat to international peace and security.
2. The Parties agree to observe and fully implement their respective obligations to deal with the illicit trade in SALW and their ammunition, under existing international agreements ratified or acceded to by Australia and either the Union and/or the Member States, in accordance with their competences and UN Security Council resolutions.
3. The Parties recognise the importance of domestic control systems for the transfer of conventional arms in line with existing international standards. The Parties recognise the importance of applying such controls in a responsible manner, as a contribution to international and regional peace, security and stability and to the reduction of human suffering, as well as preventing the diversion of conventional weapons.
4. The Parties undertake in this regard to endeavour to fully implement the Arms Trade Treaty and to cooperate with each other within the framework of the Treaty, including in promoting the universalisation and full implementation of the Treaty by all UN Member States.
5. The Parties undertake to cooperate and to ensure coordination, complementarity and synergy in their efforts to deal with the illicit trade in SALW and their ammunition, at a global, regional, sub-regional and national level, to ensure the effective implementation of arms embargoes decided by the UN Security Council in accordance with the UN Charter.
Article 8. Serious Crimes of International Concern and the International Criminal Court
1. The Parties reaffirm that the most serious crimes of concern to the international community as a whole must not go unpunished and that their effective prosecution should be ensured by measures at either the domestic or the international level, including through the International Criminal Court.
2. The Parties agree to cooperate in promoting the aims and objectives of the Rome Statute and to this end agree to:
(a) continue to take steps to implement the Rome Statute and to consider the ratification and implementation of related instruments (such as the Agreement on the Privileges and Immunities of the International Criminal Court);
(b) continue to promote universal accession to the Rome Statute, including by sharing experiences with other States in the adoption of measures required for the ratification and implementation of the Rome Statute; and
(c) safeguard the integrity of the Rome Statute by protecting its core principles, including by abstaining from entering into non-surrender agreements (also known as "Article 98 agreements") with third States and encouraging others to also abstain.
Article 9. Cooperation In Combating Terrorism
1. The Parties reaffirm the importance of the prevention of, and fight against, terrorism in full respect for the rule of law and human rights and in accordance with applicable international law, including the UN Charter, international anti-terrorism conventions, relevant UN Security Council Resolutions, refugee law and international humanitarian law.
2. Within this framework and taking into account the UN Global Counter-Terrorism Strategy, contained in UN General Assembly Resolution 60/288 of 8 September 2006 and its implementation reviews, the Parties agree to cooperate in the prevention and suppression of terrorist acts, in particular by:
(a) exchanging information on terrorist groups and their support networks in accordance with international and national law;
(b) exchanging views on means and methods used to counter terrorism, including in technical fields and on training, and sharing experiences in respect of terrorism prevention;
(c) identifying areas for future cooperation, including on preventing recruitment and radicalisation and countering the financing of terrorism, and through partnerships with third countries;
(d) where practicable and appropriate, supporting regional initiatives for law enforcement cooperation in countering terrorism, based on full respect for human rights and the rule of law;
(e) cooperating to deepen the international consensus on the fight against terrorism and its normative framework, and working towards an agreement on the Comprehensive Convention on International Terrorism;
(f) promoting cooperation among UN Member States to effectively implement the UN Global Counter-Terrorism Strategy by all appropriate means; and
(g) exchanging best practices with regard to the protection of human rights in the fight against terrorism.
3. The Parties reaffirm their commitment to working together, where appropriate, to provide counter-terrorism capacity-building assistance to other states that require resources and expertise to prevent and respond to terrorist activity.
4. The Parties agree to cooperate closely in the framework of the Global Counter-Terrorism Forum and its working groups.
5. The Parties agree to maintain a regular dialogue at officials level on counter-terrorism.
Article 10. Cooperation In Regional and International Organisations
The Parties undertake to cooperate by exchanging views and, where appropriate, coordinating positions in international and regional organisations and fora, including the UN and its specialised agencies, the World Trade Organization ("WTO"), the Group of Twenty ("G20"), the Financial Stability Board ("FSB"), the Organisation for Economic Cooperation and Development ("OECD"), the World Bank Group and regional development banks, the Asia-Europe Meeting ("ASEM"), the Organization for Security and Cooperation in Europe ("OSCE"), the ASEAN Regional Forum ("ARF"), the Pacific Islands Forum ("PIF") and the Secretariat of the Pacific Community.
Article 11. International Security and Cyberspace
The Parties recognise the importance of cooperation and the exchange of views in the field of international security and cyberspace, including on norms of behaviour and the application of international law in cyberspace, the development of confidence building measures and capacity-building.
Title III. COOPERATION ON GLOBAL DEVELOPMENT AND HUMANITARIAN AID
Article 12. Development
1. The Parties reaffirm their commitment to contributing to sustainable economic growth and poverty reduction, strengthening cooperation on international development and promoting aid and development effectiveness, with a particular focus on implementation at the country level.
2. The Parties recognise the value of working together to ensure that development activities have greater impact, reach and influence.
3. To this end the Parties agree to:
(a) conduct regular policy dialogue on development cooperation;
(b) exchange views and, where appropriate, coordinate positions on development issues in regional and international fora to promote inclusive and sustainable growth for human development;
(c) exchange information on their respective development programmes and, where appropriate, coordinate their engagement in-country to increase their contribution to sustainable economic growth and poverty reduction through promoting synergies between their respective programmes, improving the division of labour and enhancing effectiveness on the ground; and
(d) undertake delegated aid cooperation on each other's behalf, where appropriate, based on arrangements mutually determined by the Parties.
Article 13. Humanitarian Aid
The Parties reaffirm their common commitment to humanitarian aid and shall endeavour to offer coordinated responses as appropriate.
Title IV. COOPERATION ON ECONOMIC AND TRADE MATTERS
Article 14. Economic Policy Dialogue
The Parties agree to maintain the dialogue between their authorities and to promote the exchange of information and the sharing of experiences on respective macroeconomic policies and trends, including the exchange of information on coordination of economic policies in the context of regional economic cooperation and integration.
Article 15. Trade and Investment Dialogue and Cooperation
1. The Parties undertake to cooperate in securing the conditions for and promoting increased trade and investment between them.
2. The Parties are committed to a high-level dialogue and cooperation in trade- and investment-related areas in order to facilitate bilateral trade and investment flows, to prevent and remove non-tariff-related obstacles to trade and investment, to improve transparency and to advance the multilateral trading system.
3. Dialogue on trade and investment issues shall include:
(a) an annual trade policy dialogue, at senior officials level complemented by ministerial meetings on trade, when determined by the Parties;
(b) dialogues on agricultural trade and marketing, sanitary and phytosanitary issues; and
(c) other sectoral exchanges when determined by the Parties;
4. The Parties shall keep each other informed and exchange views concerning the development of bilateral and international trade, investment and trade- and investment-related aspects of other policies, including regulatory issues with a potential impact on bilateral trade and investment.