5. The Parties shall exchange information on their policy approaches to free trade agreements (FTAs) and respective FTA agendas. This Agreement neither requires nor precludes the negotiation and conclusion of an FTA between the Parties in the future to complement and extend the economic provisions in this Agreement.
6. Recognising the value of trade liberalisation as a driver of global economic growth and the importance of pursuing this through a rules-based multilateral trading system, the Parties affirm their commitment to working together within the WTO to achieve further trade liberalisation.
Article 16. Investment
The Parties shall promote an attractive and stable environment for two-way investment through dialogue, aimed at:
(a) enhancing their mutual understanding and cooperation on investment issues;
(b) exploring mechanisms to facilitate investment flows; and
(c) fostering stable, transparent, non-discriminatory and open rules for investors, without prejudice to the Parties' commitments under preferential trade agreements and other international obligations.
Article 17. Public Procurement
1. The Parties reaffirm their commitment to open and transparent public procurement frameworks which, consistent with their international obligations, promote value for money, competitive markets and non-discriminatory purchasing practices, and thus enhance trade between the Parties.
2. The Parties agree to further strengthen their consultation, cooperation and exchanges of experience and best practices in the area of public procurement on issues of mutual interest, including on their respective regulatory frameworks.
3. The Parties agree to explore ways to further promote access to each other's procurement markets and to exchange views on measures and practices which could adversely affect procurement trade between them.
Article 18. Technical Barriers to Trade
1. The Parties share the view that greater compatibility of standards, technical regulations and conformity assessment procedures is a key element for facilitating trade.
2. The Parties recognise their mutual interest in reducing technical barriers to trade and to this end agree to cooperate within the framework of the WTO Agreement on Technical Barriers to Trade and through the Agreement on mutual recognition in relation to conformity assessments, certificates and markings between the European Community and Australia.
Article 19. Sanitary, Phytosanitary and Animal Welfare Issues
1. The Parties agree to strengthen cooperation on sanitary and phytosanitary ("SPS") issues to protect human, animal or plant life or health in the territory of the Parties, noting the Parties' rights and obligations under the WTO Agreement on the Application of Sanitary and Phytosanitary Measures (the "SPS Agreement").
2. Within the framework of the SPS Agreement and the relevant international standards of the Codex Alimentarius, the International Plant Protection Convention ("IPPC") and the World Organisation for Animal Health ("OIE"), the Parties shall share information in order to enhance the mutual understanding of their respective SPS measures and facilitate trade between the Parties by:
(a) meeting regularly using appropriate fora determined by the Parties, to exchange views about SPS and animal welfare-related legislation, implementation, inspection and certification systems and surveillance procedures, and to address issues arising from the application of SPS measures;
(b) endeavouring to apply import requirements to the entire territory of the exporting Party, including the application of regionalisation principles;
(c) in conformity with the SPS Agreement:
(i) recognising pest-free and disease-free areas and areas of low pest or disease prevalence;
(i) carrying out verification of all or part of the exporting Party's authorities' inspection and certification system;
(d) exchanging information about SPS and animal welfare issues that affect or may affect trade between the Parties, such as emergency measures, emerging diseases and pests, and new available scientific evidence.
3. The Parties agree to cooperate and share information on animal welfare issues.
4. The Parties shall also cooperate on SPS and animal welfare issues through relevant multilateral frameworks, including the WTO, the Codex Alimentarius Commission, the IPPC and the OIE.
Article 20. Customs
The Parties shall, subject to their respective legislation, cooperate in the customs field on a bilateral and multilateral basis. To this end, they agree in particular to share experiences and examine possibilities to simplify customs procedures, ensure transparency and enhance cooperation in areas such as trade facilitation, security and safety of international trade and combating customs fraud.
Article 21. Intellectual Property
1. The Parties reaffirm the importance of their rights and obligations in relation to intellectual property rights, including copyright and related rights, trademarks, geographical indications, industrial designs, plant variety rights and patents, and their enforcement, in accordance with the highest international standards that each Party respectively adheres to.
2. The Parties agree to exchange information and share experience on intellectual property issues relating to the administration, protection and enforcement of intellectual property rights through appropriate forms of cooperation.
Article 22. Competition Policy
The Parties shall promote competition in economic activities through enforcing their respective competition laws and regulations. The Parties agree to share information on competition policy and related issues and to enhance cooperation between their competition authorities.
Article 23. Services
The Parties shall establish a substantive dialogue aimed at promoting bilateral trade in services andexchanging information on their respective regulatory environments
Article 24. Financial Services
As regards financial services, the Parties agree to maintain an exchange of information and experiences on their respective supervisory and regulatory environments, and strengthen cooperation with a view to improving accounting, auditing, supervisory and regulatory systems for banking, insurance and other parts of the financial sector
Article 25. Taxation
1. With a view to strengthening and developing economic activities while taking into account the need for an appropriate regulatory framework, the Parties recognise and commit themselves to implementing the principles of good governance in the area of tax, including transparency, exchange of information and the avoidance of harmful tax practices.
2. In accordance with their respective competences, the Parties shall work together, including through appropriate international fora, to improve international cooperation in the area of tax and facilitate the collection of legitimate tax revenues, respecting the principles of good governance mentioned in paragraph 1.
Article 26. Transparency
The Parties recognise the importance of transparency and due process in the administration of their trade-related laws and regulations as set out in Article X of the General Agreement on Tariffs and Trade ("GATT 1994") and Article III of the General Agreement on Trade in Services ("GATS"), and to this end they agree to enhance cooperation and exchange information in order to promote regulatory quality and performance and the principles of good administrative behaviour.
Article 27. Raw Materials
1. The Parties recognise that a transparent, market-based approach is the best way to create an environment favourable to investment in the production and trade of raw materials, and to foster the efficient allocation and use of raw materials.
2. The Parties, taking into account their respective economic policies and objectives and with a view to fostering trade, agree to strengthen cooperation on issues related to raw materials with a view to strengthening a rules-based global framework for trade in raw materials and to promote transparency in global markets for raw materials.
3. Topics for cooperation may include, inter alia:
(a) questions of supply and demand, bilateral trade and investment issues as well as issues of interest stemming from international trade;
(b) the Parties' respective regulatory frameworks; and
(c) best practices in relation to sustainable development of the mining industries, including minerals policy, land use planning and permitting procedures.
4. The Parties will cooperate through bilateral dialogue or within relevant plurilateral settings or international institutions.
Article 28. Trade and Sustainable Development
1. The Parties reaffirm their commitment to promoting the development of international trade and investment in such a way as to contribute to the objective of sustainable development and shall strive to ensure that this objective is realised in the relevant areas of their economic relationship.
2. The Parties recognise the right of each Party to establish its own levels of domestic environmental and labour protection, and to adopt or modify its relevant laws and policies, consistent with their commitment to internationally recognised standards and agreements.
3. The Parties also recognise that they should avoid encouraging trade or investment by lowering or offering to lower the levels of protection afforded in domestic environmental or labour laws.
4. The Parties shall exchange information and share experience on their actions to promote coherence and mutual supportiveness between trade, social and environmental objectives, including on the aspects set out in Title VIII, and shall strengthen dialogue and cooperation on sustainable development issues that may arise in the context of trade relations.
Article 29. Business Cooperation
1. The Parties shall encourage stronger business-to-business linkages and enhance government-business linkages through two-way visits and activities involving business, including in the ASEM context.
2. This cooperation shall, in particular, aim at improving the competitiveness of small and medium-sized enterprises ("SMEs"). This cooperation may include, inter alia:
(a) stimulating transfers of technology;
(b) exchanging good practices on access to finance;
(c) promoting corporate social responsibility and accountability; and
(d) developing the existing cooperation on standards and conformity assessment.
3. The Parties agree to facilitate and develop dialogue and cooperation between their competent trade and investment promotion agencies.
Article 30. Civil Society
The Parties shall encourage dialogue between governmental and non-governmental organisations, such as trade unions, employers, business associations and chambers of commerce and industry, with a view to promoting trade and investment in areas of mutual interest.
Article 31. Tourism
Recognising the value of tourism in deepening mutual understanding and appreciation between the peoples of the Union and Australia and the economic benefits flowing from increased tourism, the Parties agree to cooperate with a view to increasing tourism in both directions between the Union and Australia.
Title V. COOPERATION ON JUSTICE, FREEDOM AND SECURITY
Article 32. Legal Cooperation
1. The Parties recognise the importance of private international law and legal and judicial cooperation in civil and commercial matters in supporting an environment which facilitates international trade and investment and the mobility of people. The Parties agree to strengthen their cooperation, including through the negotiation, ratification and implementation of international agreements, such as those adopted in the framework of the Hague Conference on Private International Law.
2. The Parties agree to facilitate and encourage the arbitral resolution of international civil and private commercial disputes, where appropriate, in accordance with the applicable international instruments.
3. As regards judicial cooperation in criminal matters, the Parties shall enhance cooperation on mutual legal assistance, on the basis of relevant international instruments. This would include, where appropriate, accession to and implementation of relevant UN instruments. It may also include, where appropriate, support for relevant Council of Europe instruments, as well as cooperation between relevant Australian authorities and Eurojust.
Article 33. Law Enforcement Cooperation
The Parties agree to cooperate among law enforcement authorities, agencies and services and to contribute to disrupting and dismantling transnational crime threats common to the Parties. This cooperation may take the form of mutual assistance in investigations, sharing of investigation techniques, joint education and training of law enforcement personnel and any other type of joint activities and assistance as may be mutually determined by the Parties.
Article 34. Combating Terrorism, Transnational Organised Crime and Corruption
1. The Parties agree to cooperate in the prevention and suppression of terrorism as set out in Article 9.
2. The Parties reaffirm their commitment to cooperate in preventing and combating organised, economic and financial crime, corruption, counterfeiting and illegal transactions, through full compliance with their existing mutual international obligations in this area including on effective cooperation in the recovery of assets or funds derived from acts of corruption.
3. In the context of preventing, detecting, investigating and prosecuting terrorist offences or serious transnational crime, the Parties acknowledge the importance of the Agreement between the European Union and Australia on the processing and transfer of Passenger Name Records (PNR) data by air carriers to the Australian Customs and Border Protection Service.
4. The Parties shall promote the implementation of the UN Convention against Transnational Organized Crime and its supplementary Protocols, including the promotion of strong and efficient review mechanisms.
5. The Parties shall also promote the implementation of the UN Convention against Corruption, including the operation of a strong review mechanism, taking account of the principles of transparency and participation of civil society.
Article 35. Combating Illicit Drugs
1. Within their respective powers and competences, the Parties shall cooperate to ensure a balanced and integrated approach towards minimising the harm to individuals, families and communities from illicit drugs. Drug policies and actions shall be aimed at reinforcing structures for combating illicit drugs, reducing the supply of, trafficking in, and demand for, illicit drugs, addressing the health and social consequences of drug abuse, building recovery from addiction, as well as continued cooperation in effectively combating the diversion of chemical precursors used in the illicit manufacture of narcotic drugs and psychotropic substances.
2. The Parties shall cooperate with a view to dismantling the transnational criminal networks involved in drug trafficking, inter alia, through the exchange of information and intelligence, training or sharing of best practices, including special investigative techniques. A particular effort shall be made against the penetration of the licit economy by criminals.
3. The Parties shall cooperate in addressing the issue of new psychoactive substances, including through the exchange of information and intelligence, as appropriate.
Article 36. Combating Cybercrime
1. The Parties shall strengthen cooperation to prevent and combat high-technology, cyber- and electronic crimes and the distribution of illegal content, including terrorist content, via the internet, through exchanging information and practical experiences in compliance with their national legislation and international human rights obligations, within the limits of their responsibility.
2. The Parties shall exchange information in the fields of the education and training of cybercrime investigators, the investigation of cybercrime and digital forensic science.
3. The Parties shall promote the Budapest Convention on Cybercrime as the global standard against cybercrime at all appropriate levels.
Article 37. Combating Money Laundering and the Financing of Terrorism
1. The Parties reaffirm the need to cooperate on preventing the use of their financial systems to launder the proceeds of all criminal activities, including drug trafficking and corruption, and on combating the financing of terrorism. This cooperation extends to the recovery of assets or funds derived from criminal activities.
2. The Parties shall exchange relevant information within the framework of their respective legislation and implement appropriate measures to combat money laundering and the financing of terrorism, in accordance with standards adopted by relevant international bodies active in this area, such as the Financial Action Task Force (FATF).
Article 38. Migration and Asylum
1. The Parties agree to intensify dialogue and cooperation on migration, asylum, participation and diversity issues.
2. Cooperation may include exchanging information on approaches to irregular immigration, people smuggling, trafficking in human beings, asylum, social and economic participation of migrants, border management, visas, biometrics and document security.
3. The Parties agree to cooperate in order to prevent and control irregular immigration. To this end:
(a) Australia shall readmit any of its nationals irregularly present on the territory of a Member State, upon request by the latter without unnecessary formalities that cause undue delay;
(b) each Member State shall readmit any of its nationals irregularly present on the territory of Australia, upon request by the latter without unnecessary formalities that cause undue delay; and
(c) the Member States and Australia shall provide their nationals with appropriate identity documents for such purposes.
4. The Parties shall, upon request of either Party, explore the possibility of concluding an agreement between Australia and the European Union on readmission. This will include consideration of appropriate arrangements for the readmission of third-country nationals and stateless persons.
Article 39. Consular Protection
1. Australia agrees that the diplomatic and consular authorities of any represented Member State may exercise consular protection! in Australia on behalf of other Member States which do not have accessible permanent representation in Australia.
2. The Union and the Member States agree that the diplomatic and consular authorities of Australia may exercise consular protection on behalf of a third country and that third countries may exercise consular protection on behalf of Australia in the Union in places where Australia or the third country concerned do not have accessible permanent representation.
3. Paragraphs 1 and 2 are intended to dispense with any requirements for notification or consent which might otherwise apply.
4. The Parties agree to facilitate a dialogue on consular affairs between their respective competent authorities.
Australia can agree to the use of the term "consular protection" in this Article, in place of the term "consular functions", on the understanding that the former covers the functions referred to in Article 9 of Council Directive (EU) 2015/637 of 20 April 2015 on the coordination and cooperation measures to facilitate consular protection for unrepresented citizens of the Union in third countries and repealing Decision 95/553/EC and that these functions include the provision of emergency passports and/or travel documents.
Article 40. Protection of Personal Data
1. The Parties agree to cooperate with a view to ensuring that levels of protection of personal data are consistent with relevant international standards, including the OECD Guidelines on the Protection of Privacy and Transborder Flows of Personal Data.
2. Cooperation on protection of personal data may include, inter alia, the exchange of information and expertise. It may also include cooperation between regulatory counterparts in bodies such as the OECD's Working Party on Information Security and Privacy and the Global Privacy Enforcement Network.
Title VI. COOPERATION IN THE AREAS OF RESEARCH, INNOVATION AND THE INFORMATION SOCIETY
Article 41. Science, Research and Innovation
1. The Parties agree to enhance their cooperation in the areas of science, research and innovation in support of, or complementary to, the Agreement relating to scientific and technical cooperation between the European Community and Australia.
2. Enhanced cooperation shall seek to, inter alia:
(a) address key shared societal challenges for Australia and the Union as reviewed and agreed by the Joint Science and Technology Cooperation Committee established under Article 5 of the Agreement relating to scientific and technical cooperation between the European Community and Australia;
(b) include a range of public- and private-sector innovation actors, including SMEs, to facilitate the exploitation of collaborative research results and the achievement of mutually beneficial commercial and/or broader societal outcomes;
(c) further strengthen the scope for Australian and Union researchers to take advantage of the opportunities provided by the research and innovation programmes of each Party, including through:
(i) comprehensive information on programmes and participation opportunities;
(ii) timely information on emerging strategic priorities;
(iii) exploring the scope for using and strengthening collaboration mechanisms such as twinning, joint calls and coordinated calls; and
(d) explore the scope for Australia and the Union to work together to initiate and participate in wider regional and international research and innovation collaboration.
3. The Parties shall, in accordance with their respective laws and regulations, encourage the participation of the private and public sectors and civil society within their own territory in activities to enhance cooperation.
4. Enhanced cooperation shall focus on all areas of civil research and innovation, including but not limited to:
(a) addressing societal challenges in areas of mutual interest and enhancing key enabling technologies, including space science;
(b) research infrastructure, including e-infrastructures, and the exchange of information on matters such as access, management, funding and prioritisation of research infrastructures; and
(c) strengthening researcher mobility between Australia and the Union.
Article 42. Information Society
1. Recognising that information and communication technologies are key elements of modern life and are of vital importance to economic and social development, the Parties agree to exchange views on their respective policies in this field.
2. Cooperation in this area may focus on, inter alia:
(a) exchanging views on the different aspects of the information society, in particular electronic communications policies and regulation, including universal service, licensing and general authorisations, protection of privacy and personal data, e-government and open government, internet security and the independence and efficiency of regulatory authorities;
(b) interconnection and interoperability of research networks, computing and scientific data infrastructures and services, including in a regional context;
(c) standardisation, certification and dissemination of new information and communication technologies;
(d) security, trust and privacy aspects of information and communication technologies and services, including promotion of online safety, combating misuses of information technology and all forms of electronic media and sharing of information; and
(e) exchanging views on measures to address the issue of international mobile roaming costs, including as a behind-the-border barrier to trade.
Title VII. COOPERATION IN THE AREA OF EDUCATION AND CULTURE
Article 43. Education, Training and Youth
1. The Parties acknowledge the crucial contribution of education and training to the creation of quality jobs and sustainable growth for knowledge-based economies, and recognise that they have a common interest in cooperating in education, training and on related youth issues.
2. In accordance with their mutual interests and the aims of their policies on education, the Parties undertake to continue the EU-Australia dialogue on education and training policies and to support appropriate cooperative activities in the field of education, training and youth. This cooperation concerns all education sectors and may take the form of, inter alia:
(a) mobility of individuals through the promotion and facilitation of exchange of students, academic and administrative staff of tertiary education institutions, teachers and youth workers;
(b) joint cooperation projects between education and training institutions in the Union and Australia, with a view to promoting curriculum development, joint study programmes and degrees and teacher and student mobility;
(c) institutional cooperation, linkages and partnerships with a view to promoting exchange of experience and know-how, and effective links between education, research and innovation; and
(d) support for policy reform through dialogue, studies, conferences, seminars, working groups, benchmarking exercises and exchange of information and good practice, particularly in view of the Bologna and Copenhagen processes and Union transparency tools.
Article 44. Cultural, Audiovisual and Media Cooperation
1. The Parties agree to promote closer cooperation in the cultural and creative sectors, in order to enhance, inter alia, mutual understanding and knowledge of their respective cultures.
2. The Parties shall endeavour to take appropriate measures to promote cultural exchanges and carry out joint initiatives in various cultural areas, using available cooperation instruments and frameworks.
3. The Parties shall endeavour to promote the mobility of culture professionals and works of art between Australia and the Union and its Member States.
4. The Parties shall encourage intercultural dialogue between civil society organisations as well as individuals from the Parties.
5. The Parties agree to cooperate, notably through policy dialogue, in relevant international fora, in particular the United Nations Education, Science and Culture Organization (UNESCO), in order to pursue common objectives and to foster cultural diversity, including through implementation of the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions.
6. The Parties shall encourage, support and facilitate exchanges, cooperation and dialogue between institutions and professionals in the audiovisual and media fields.
7. The Parties agree to support cultural cooperation within the framework of the ASEM, in particular through the activities of the Asia-Europe Foundation ("ASEF").
Title VI. COOPERATION IN THE AREA OF SUSTAINABLE DEVELOPMENT, ENERGY AND TRANSPORT
Article 45. Environment and Natural Resources
1. The Parties agree on the need to protect, conserve and sustainably manage natural resources and biological diversity, as a basis for the development of current and future generations.