Australia - EU Framework Agreement (2017)
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2. The Parties shall strengthen their cooperation on protection of the environment and on mainstreaming environmental considerations in all sectors of cooperation, including in an international and regional context, particularly as regards:

(a) maintaining a high-level dialogue on environmental issues;

(b) participation in and implementation of multilateral environment agreements and, where appropriate, forging common ground between the Parties on environmental issues, including through engagement in multilateral fora;

(c) promoting and encouraging access to and sustainable use of genetic resources in accordance with national legislation and the international treaties applicable in this area which the Parties have ratified or acceded to; and

(d) fostering exchange of information, technical expertise and environmental practices in areas such as:

(i) the implementation and enforcement of environmental legislation;

(ij) resource efficiency and sustainable consumption and production;

(iii) conservation and sustainable use of biodiversity;

(iv) chemicals and waste management; (v) water policy; and

(vi) coastal and marine environment conservation and pollution and degradation control.

Article 46. Climate Change

1. The Parties recognise the common global threat of climate change and the need for all countries to take action to cut emissions in order to stabilise greenhouse-gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system. Within the scope of their respective competences, and without prejudice to discussions in other fora, such as the UN Framework Convention on Climate Change (UNFCCC), the Parties shall enhance cooperation in this field. Such cooperation shall aim at but not be limited to:

(a) combating climate change with the overall goal of a stabilisation of atmospheric greenhouse gas concentrations, taking into account the latest scientific information and the need for a transition to low emission economies while continuing sustainable economic growth through nationally appropriate mitigation and adaptation actions;

(b) exchanging expertise and information regarding the design, implementation and evolution of their respective domestic mitigation policies and approaches, including market-based mechanisms where relevant;

(c) exchanging expertise and information on public and private sector financing instruments for climate action;

(d) collaborating on low emission technology research, development, diffusion, deployment and transfer in order to mitigate greenhouse gas emissions, and advocating the efficient use of resources, while maintaining economic growth;

(e) exchanging experience, expertise and best practices, where appropriate, in monitoring and analysing the effects of greenhouse gases and developing mitigation and adaptation programmes and low emission strategies;

(f) supporting, where appropriate, mitigation and adaptation action by developing countries;

(g) working together to achieve a robust and legally binding international climate agreement applicable to all countries.

2. To these ends, the Parties agree to maintain regular dialogue and cooperation at political, policy and technical levels, both bilaterally and in relevant plurilateral and multilateral fora.

Article 47. Civil Protection

The Parties recognise the need to minimise the impact of natural and man-made disasters. The Parties affirm their common commitment to promoting prevention, mitigation, preparedness and response measures in order to increase the resilience of society and infrastructure, and to cooperating as appropriate, at bilateral and multilateral political levels to progress towards such objectives.

Article 48. Energy

The Parties recognise the importance of the energy sector and the role of a well-functioning market in energy to sustainable development, economic growth, contributing to the attainment of internationally agreed development goals and cooperating to address global environmental and climate challenges, and shall endeavour, within the scope of their respective competences, to enhance cooperation in this field with a view to:

(a) developing policies to increase energy security;

(b) promoting global energy trade and investment;

(c) improving competitiveness;

(d) improving the functioning of global energy markets;

(e) exchanging information and policy experiences through existing multilateral energy fora;

(f) promoting the development and uptake of clean, diverse, cost-effective and sustainable energy technologies, including renewable and low emission energy technologies;

(g) achieving rational use of energy with contributions from both supply and demand sides by promoting energy efficiency in energy production, transportation, distribution and end-use; and

(h) sharing best practices in energy exploration and production.

Article 49. Transport

1. The Parties shall endeavour to cooperate in all relevant areas of transport policy, including integrated transport policy, with a view to improving the movement of goods and passengers, promoting maritime and aviation safety and security and environmental protection and increasing the efficiency of their transport systems.

2. Cooperation between the parties in this area shall aim to promote:

(a) exchanges of information on their respective transport policies and practices, including timely advice of proposed changes to regulatory regimes affecting their respective transport sectors;

(b) strengthening of aviation relations between Australia and the Union, enhancing market access and investment opportunities and broadening and deepening regulatory cooperation in aviation safety, security and economic regulation of the air transport industry, with a view to supporting regulatory convergence and removal of obstacles to doing business, as well as cooperation on air traffic management;

(c) dialogue and cooperation towards the goals of unrestricted access to international maritime markets and trade based on fair competition on a commercial basis;

(d) dialogue and cooperation on environment-related transport issues;

(e) dialogue and cooperation toward the mutual recognition of driving licences; and

(f) cooperation within international transport fora.

Article 50. Agriculture and Rural Development

1. The Parties agree to encourage cooperation in agriculture and rural development.

2. Areas in which cooperative activities could be considered include, but are not limited to, agricultural and rural development policy, geographical indications, diversification and restructuring of agricultural sectors and sustainable agriculture.

Article 51. Sustainable Forest Management

The Parties agree to foster cooperation, at the national and international level, on sustainable forest management and related policies and regulations, including measures to combat illegal logging and related trade, as well as the promotion of good forest governance.

Article 52. Maritime Affairs and Fisheries

1. The Parties shall strengthen dialogue and cooperation on issues of common interest in the areas of fisheries and maritime affairs. The Parties shall aim to promote long-term conservation and sustainable management of marine living resources, exchange information through regional fisheries management organisations ("RFMOs") and arrangements, and multilateral fora such as the Food and Agriculture Organization of the United Nations ("FAO"), promote efforts to prevent, deter and eliminate illegal, unreported and unregulated fishing ("IUU fishing"), implement ecosystem-based management and promote research collaboration on marine and fisheries sustainability.

2. The Parties shall cooperate to:

(a) encourage the development and implementation of, and compliance with, effective measures to ensure the long-term conservation and sustainable management of fishery resources under the competence of RFMOs or arrangements to which they are a party;

(b) ensure multilateral governance within the relevant RFMO of highly migratory fish stocks throughout their range;

(c) promote an integrated approach to maritime affairs at the international level; and

(d) undertake their best efforts to facilitate membership of RFMOs, as deemed appropriate, where one Party is a Member and the other a cooperating Party.

3. The Parties shall hold a regular periodic dialogue in conjunction with other meetings at senior officials level in order to strengthen dialogue and cooperation as well as exchange information and experience on fisheries policy and maritime affairs.

Article 53. Employment and Social Affairs

1. The Parties agree to enhance cooperation in the field of employment and social affairs, including in the context of globalisation and demographic change. Efforts shall be made in promoting cooperation and exchanges of information and experiences regarding employment and labour matters. Areas of cooperation may include exchanges on employment policy, regional and social cohesion, social integration, social security systems, industrial relations, lifelong skills development, youth employment, health and safety at the workplace, non-discrimination and equality, including gender equality, as well as corporate social responsibility and decent work.

2. The Parties reaffirm the need to promote full and productive employment and decent work as a key element of sustainable development and poverty reduction. In this context, the Parties recall the International Labour Organization ("ILO") Declaration on Social Justice for a Fair Globalization.

3. The Parties reaffirm their commitments to respecting, promoting and realising internationally recognised labour and social standards, as set out in the ILO Declaration on Fundamental Rights and Principles at Work.

4. The forms of cooperation may include, inter alia, specific programmes, projects and initiatives, as mutually agreed, as well as dialogue on topics of common interest at bilateral or multilateral level.

Article 54. Health

The Parties agree to encourage mutual cooperation, information exchange and the sharing of policy experiences in the fields of health and effective management of cross-border health problems.

Title IX. INSTITUTIONAL FRAMEWORK

Article 55. Other Agreements or Arrangements

1. The Parties may complement this Agreement by concluding specific agreements or arrangements in any area of cooperation falling within its scope. Such specific agreements shall be an integral part of the overall bilateral relations as governed by this Agreement.

2. This Agreement shall not affect or prejudice the interpretation, operation or application of other agreements between the Parties. In particular, the dispute settlement provisions of this Agreement shall not replace or affect in any way the dispute settlement provisions of other agreements between the Parties.

3. The Parties recognise that a case of special urgency as defined in Article 57(7) could also serve as grounds for the suspension or termination of other agreements between the Parties. In such circumstances, the Parties shall defer to the dispute resolution, suspension and termination provisions of such other agreements to resolve any such dispute.

Article 56. Joint Committee

1. The Parties hereby establish a Joint Committee consisting of representatives of the Parties.

2. Consultations shall be held in the Joint Committee to facilitate the implementation and to further the general aims of this Agreement, as well as to maintain overall coherence in EU-Australia relations.

3. The Joint Committee shall:

(a) promote the effective implementation of this Agreement;

(b) monitor the development of the comprehensive bilateral relationship, including agreements, between the Parties;

(c) request, as appropriate, information from committees or other bodies established under other agreements between the Parties and consider any reports submitted by them;

(d) exchange views and make suggestions on any issues of common interest, including future actions and the resources available to carry them out;

(e) set priorities and, as appropriate, determine next steps or plans of action in relation to the purpose of this Agreement;

(f) seek appropriate methods of forestalling problems which might arise in areas covered by this Agreement;

(g) endeavour to resolve any dispute arising in the application or interpretation of this Agreement in accordance with Article 57;

(h) examine the information presented by a Party in accordance with Article 57; and

(i) adopt decisions, where appropriate, to give effect to specific aspects of this Agreement.

4. The Joint Committee shall operate by consensus. It shall adopt its rules of procedure. It may set up sub-committees and working groups to deal with specific issues.

5. The Joint Committee shall normally meet once a year in the Union and Australia alternately. Special meetings of the Joint Committee shall be held at the request of either Party. The Joint Committee shall be co-chaired by both Parties. It shall normally meet at the level of senior officials but may meet at ministerial level. The Joint Committee may also operate by video or telephone contact and exchange of information by email.

Article 57. Modalities for Implementation and Dispute Settlement

1. In the spirit of mutual respect and cooperation embodied by this Agreement, the Parties shall take any general or specific measures required to fulfil their obligations under the Agreement.

2. The Parties agree to consult as quickly as possible, upon request by either Party, concerning matters of difference which may arise in the implementation of this Agreement. If there is a divergence of view in the application or interpretation of this Agreement, either Party may refer the matter to the Joint Committee. The Parties shall present all information required for a thorough examination of the issue to the Joint Committee, with a view to resolving differences in a timely and amicable manner.

3. In a case of special urgency, either Party shall immediately refer the matter to the Joint Committee and present all the information required for a thorough examination of the situation, with a view to seeking a timely and mutually acceptable resolution. Should the Joint Committee at the level of senior officials be unable to resolve the situation within a period of up to 15 days from the commencement of consultations and no later than 30 days from the date of the referral of the matter to the Joint Committee, the matter shall be submitted to ministers for urgent consideration for a further period of 15 days.

4. In the unlikely and unexpected event that no mutually acceptable solution has been found after 15 days from the commencement of consultations at the ministerial level and no later than 45 days from the date of the referral of the matter to the Joint Committee, either Party may decide to take appropriate measures with regard to this Agreement, including the suspension of its provisions or its termination. The Parties recognise that a case of special urgency may also serve as grounds for taking appropriate measures outside this Agreement, in accordance with the rights and obligations of the Parties under other agreements between the Parties or under general international law. In the Union, the decision to suspend would entail unanimity. In Australia, the decision to suspend would be taken by the Government of Australia in accordance with its laws and regulations.

5. The Parties agree that any decision to take appropriate measures in accordance with paragraph 4 must be duly substantiated. The decision shall be notified immediately to the other Party in writing. The Parties agree that any such measures must be proportionate and must be consistent with Article 55(2) as well as with the general principles of international law.

6. If any measure is taken in accordance with paragraph 4, it shall be revoked as soon as the reason for taking it has been removed. The Party invoking paragraph 4 shall keep under constant review the development of the situation which prompted the decision and shall withdraw the measures taken as soon as warranted.

7. The Parties agree, for the purpose of the correct interpretation and practical application of this Agreement, that the term "case of special urgency" means a particularly serious and substantial violation of the obligations described in Articles 2(2) and 6(2) of this Agreement by one of the Parties leading to a situation which requires an immediate reaction by the other. The Parties consider that a particularly serious and substantial violation of Article 2(2) or Article 6(2) would have to be of an exceptional sort that threatens international peace and security.

8. In cases where a situation occurring in a third country could be considered equivalent in gravity and nature to a case of special urgency, the Parties shall endeavour to hold urgent consultations, at the request of either Party, to exchange views on the situation and consider possible responses.

Title X. FINAL PROVISIONS

Article 58. Definitions

For the purposes of this Agreement, the term "the Parties" means the Union or its Member States, or the Union and its Member States, in accordance with their respective competences, on the one hand, and Australia, on the other.

Article 59. Financial Cooperation

1. When implementing aid programmes in the context of their development cooperation policies, the Parties shall cooperate to prevent and fight irregularities, fraud, corruption or any other illegal activities to the detriment of the Parties' financial interests.

2. For this purpose, the competent authorities of the Union and of Australia shall exchange information, including personal data, in accordance with their respective legislation in force, and, at the request of one of the Parties, shall conduct consultations.

3. The European Anti-Fraud Office and the competent Australian authorities may agree on further cooperation in the field of anti-fraud, including the conclusion of operational arrangements.

Article 60. Disclosure of Information

1. The Parties shall give appropriate protection to information shared under this Agreement, consistent with the public interest in access to information.

2. Nothing in this Agreement shall be construed as requiring the Parties to share information, or allow access to shared information, the disclosure of which would:

(a) cause prejudice to:

(i) public security;

(ii) intelligence, defence and military matters;

(iii) international relations;

(iv) financial, monetary or economic policy;

(v) privacy; or

(vi) legitimate commercial interests or business affairs; or

(b) be otherwise contrary to the public interest.

3. In the event that information of the kind referred to in this Article is shared, the receiving Party shall only release or disclose such information with the consent of the other Party, or where it is necessary to comply with its legal obligations.

4. Nothing in this Agreement is intended to derogate from the rights, obligations or commitments of the Parties under bilateral agreements or arrangements concerning classified information exchanged between the Parties.

Article 61. Entry Into Force, Provisional Application, Duration and Termination

1. This Agreement shall enter into force thirty days after the date on which the Parties have notified each other of the completion of the legal procedures necessary for that purpose.

2. Notwithstanding paragraph 1, Australia and the Union may provisionally apply mutually determined provisions of this Agreement pending its entry into force. Such provisional application shall commence thirty days after the date on which both Australia and the Union have notified each other of the completion of their respective internal procedures necessary for such provisional application.

3. This Agreement shall be valid indefinitely. Either Party may notify the other in writing of its intention to denounce this Agreement. The denunciation shall take effect six months after the notification.

Article 62. Notifications

The notifications made in accordance with Article 61 shall be made to the General Secretariat of the Council of the European Union or to the Department of Foreign Affairs and Trade of Australia, or their successor organisations.

Article 63. Territorial Application

This Agreement shall apply, on the one hand, to the territories in which the Treaty on European Union and the Treaty on the Functioning of the European Union apply and under the conditions laid down in those Treaties, and, on the other hand, to the territory of Australia.

Article 64. Authentic Texts

This Agreement is drawn up in duplicate in the Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages, each text being equally authentic.

Conclusion

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  • Title   I PURPOSE AND BASIS OF THE AGREEMENT 1
  • Article   1 Purpose of the Agreement 1
  • Article   2 Basis of Cooperation 1
  • Title   II POLITICAL DIALOGUE AND COOPERATION ON FOREIGN POLICY AND SECURITY MATTERS 1
  • Article   3 Political Dialogue 1
  • Article   4 Commitment to Democratic Principles, Human Rights and the Rule of Law 1
  • Article   5 Crisis Management 1
  • Article   6 Countering the Proliferation of Weapons of Mass Destruction 1
  • Article   7 Small Arms and Light Weapons and other Conventional Weapons 1
  • Article   8 Serious Crimes of International Concern and the International Criminal Court 1
  • Article   9 Cooperation In Combating Terrorism 1
  • Article   10 Cooperation In Regional and International Organisations 1
  • Article   11 International Security and Cyberspace 1
  • Title   III COOPERATION ON GLOBAL DEVELOPMENT AND HUMANITARIAN AID 1
  • Article   12 Development 1
  • Article   13 Humanitarian Aid 1
  • Title   IV COOPERATION ON ECONOMIC AND TRADE MATTERS 1
  • Article   14 Economic Policy Dialogue 1
  • Article   15 Trade and Investment Dialogue and Cooperation 1
  • Article   16 Investment 2
  • Article   17 Public Procurement 2
  • Article   18 Technical Barriers to Trade 2
  • Article   19 Sanitary, Phytosanitary and Animal Welfare Issues 2
  • Article   20 Customs 2
  • Article   21 Intellectual Property 2
  • Article   22 Competition Policy 2
  • Article   23 Services 2
  • Article   24 Financial Services 2
  • Article   25 Taxation 2
  • Article   26 Transparency 2
  • Article   27 Raw Materials 2
  • Article   28 Trade and Sustainable Development 2
  • Article   29 Business Cooperation 2
  • Article   30 Civil Society 2
  • Article   31 Tourism 2
  • Title   V COOPERATION ON JUSTICE, FREEDOM AND SECURITY 2
  • Article   32 Legal Cooperation 2
  • Article   33 Law Enforcement Cooperation 2
  • Article   34 Combating Terrorism, Transnational Organised Crime and Corruption 2
  • Article   35 Combating Illicit Drugs 2
  • Article   36 Combating Cybercrime 2
  • Article   37 Combating Money Laundering and the Financing of Terrorism 2
  • Article   38 Migration and Asylum 2
  • Article   39 Consular Protection 2
  • Article   40 Protection of Personal Data 2
  • Title   VI COOPERATION IN THE AREAS OF RESEARCH, INNOVATION AND THE INFORMATION SOCIETY 2
  • Article   41 Science, Research and Innovation 2
  • Article   42 Information Society 2
  • Title   VII COOPERATION IN THE AREA OF EDUCATION AND CULTURE 2
  • Article   43 Education, Training and Youth 2
  • Article   44 Cultural, Audiovisual and Media Cooperation 2
  • Title   VI COOPERATION IN THE AREA OF SUSTAINABLE DEVELOPMENT, ENERGY AND TRANSPORT 2
  • Article   45 Environment and Natural Resources 2
  • Article   46 Climate Change 3
  • Article   47 Civil Protection 3
  • Article   48 Energy 3
  • Article   49 Transport 3
  • Article   50 Agriculture and Rural Development 3
  • Article   51 Sustainable Forest Management 3
  • Article   52 Maritime Affairs and Fisheries 3
  • Article   53 Employment and Social Affairs 3
  • Article   54 Health 3
  • Title   IX INSTITUTIONAL FRAMEWORK 3
  • Article   55 Other Agreements or Arrangements 3
  • Article   56 Joint Committee 3
  • Article   57 Modalities for Implementation and Dispute Settlement 3
  • Title   X FINAL PROVISIONS 3
  • Article   58 Definitions 3
  • Article   59 Financial Cooperation 3
  • Article   60 Disclosure of Information 3
  • Article   61 Entry Into Force, Provisional Application, Duration and Termination 3
  • Article   62 Notifications 3
  • Article   63 Territorial Application 3
  • Article   64 Authentic Texts 3