1. Without prejudice to their international obligations, within the scope of their responsibilities and in accordance with their laws, the Parties will promote the use of internationally recognised standards and conformity assessment systems.
To that end, particular attention will be paid to:
(a) exchange of information and technical experts in the fields of standardisation, accreditation, metrology and certification, as well as joint research where appropriate;
(b) promotion of interchange and contact between relevant bodies and institutions;
(c) sectoral consultations;
(d) cooperation in quality management activities;
(e) strengthening cooperation in the fields of technical regulations, particularly by concluding an agreement for the mutual recognition of conformity assessment results, as a means of facilitating trade and avoiding any disruption prejudicial to its development;
(f) participation and cooperation in the framework of the relevant international agreements with a view to promoting the adoption of harmonised standards.
2. The Parties shall ensure that standards and conformity assessment activities do not constitute unnecessary barriers to trade.
Article 11. Consultations
1. The Parties agree to promote the exchange of information concerning trade measures.
Each Party undertakes to inform the other in a timely manner of the application of measures which alter most-favourednation applied import duties which affect the exports of the other Party.
Either Party may request consultations on trade measures. Where such a request is made, the consultations shall take place at the earliest opportunity with a view to reaching a mutually acceptable, constructive solution as early as possible.
2. Each Party agrees to inform the other Party of the initiation of anti-dumping procedures against products of the other Party.
In full respect of the WTO Agreements on anti-dumping and anti-subsidy measures, the Parties shall afford sympathetic consideration to, and shall afford adequate opportunity for consultation regarding representations made by either Party with respect to anti-dumping procedures and anti-subsidy procedures.
3. The Parties agree to consult each other on any disputes which may arise from the implementation of this Agreement. If either Party request such consultation, it shall take place at the earliest opportunity. The Party making its request shall provide the other Party with all information necessary for a detailed examination of the situation. Attempts shall be made through such consultations to resolve trade disputes as rapidly as possible.
4. The provisions of this Article shall in no way prejudice the internal procedures of each Party for the adoption and modification of trade measures, or the notification, consultation and dispute settlement mechanisms provided for under the WTO Agreements.
Article 12. Economic and Industrial Cooperation
1. The Parties, taking into account their mutual interest and their respective economic policies and objectives, shall foster economic and industrial cooperation in all fields deemed suitable by them.
2. The objectives of such cooperation shall be in particular:
— to promote exchanges of information between economic operators, and develop and improve existing networks, while ensuring that personal data are suitably protected,
— to bring about exchanges of information on the terms and conditions for cooperation in the field of all services as well as information infrastructures,
— to promote mutually beneficial investment and establish a climate which favours investment,
— to improve the economic environment and business climate.
3. As means to such ends, the Parties shall endeavour, inter
alia:
(a) to diversify and strengthen economic links between them;
(b) to establish industry specific channels of cooperation;
(c) to promote industrial cooperation between enterprises, in particular between small and medium-sized enterprises;
(d) to promote sustainable development of their economies;
(e) to encourage ways of production which are not prejudicial to the environment;
(f) to encourage the flow of investment and technology;
(g) to increase mutual understanding and awareness of their respective business environments.
Article 13. Drugs and Money Laundering
1. The Parties shall cooperate in increasing the effectiveness and efficiency of policies and measures to counter the illicit production, supply and traffic of narcotic drugs and psychotropic substances, including the prevention of diversion of precursor chemicals, as well as in promoting drug-demand prevention and reduction. The cooperation in this area shall be based on mutual consultation and close coordination between the Parties over the objectives and measures on the various drug-related fields.
2. The Parties agree on the necessity of making serious efforts and cooperating in order to prevent the use of their financial systems for laundering of proceeds from criminal activities in general and drug offences in particular.
Cooperation in this area shall aim at establishing suitable standards against money laundering taking into consideration those adopted by international forums in this field, in particular the Financial Action Task Force (FATF).
Article 14. Cooperation In Science and Technology
1. In accordance with their mutual interest and the aims of their policies on science, the Parties undertake to promote cooperation in science and technology. To this end the Parties shall endeavour to encourage in particular:
— the exchange of information and know-how in the field of science and technology,
— dialogue about the elaboration and implementation of the respective research and technological development policies,
— cooperation in the field of information technology, as well as in the technologies and industry affecting interoperability towards the global information society,
— cooperation in the fields of energy and the protection of the environment,
— cooperation in science and technology sectors of common interest.
2. With a view to attaining the aims of their respective policies, the Parties shall, inter alia, endeavour:
— to exchange information on research projects in the fields of energy, protection of the environment, telecommunications and information technology, and information technology industry,
— to advance the training of scientists by appropriate means,
— to encourage technology transfer on the basis of mutual benefit,
— to jointly organise seminars bringing together senior scientists of both sides, and
— to encourage researchers from both Parties to conduct joint research in fields of mutual interest.
3. The Parties agree that all cooperation and joint actions in the field of science and technology take place on the basis of reciprocity.
The Parties agree to protect effectively the information and the intellectual property resulting from cooperation against any abuse or unauthorised use by others than the legitimate owners thereof.
In case of participation by institutions, bodies and undertakings of one of the Parties in specific research and technological development programmes of the other Party, such as those set up under the European Community's general framework programme, this participation and the dissemination and exploitation of knowledge obtained as a result thereof shall take place in accordance with the general rules laid down by that other Party.
4. The priorities for cooperation shall be decided through consultation between the Parties. Subject to the preceding paragraph, the participation of private sector institutions, bodies and undertakings in cooperation activities and specific research projects of common interest shall be encouraged.
Article 15. Cooperation In Environmental Matters
The Parties will establish cooperative relations seeking to protect and preserve the environment. This will take place through:
— exchanges of information on environmental policies and their implementation between relevant officials in the European Commission and the relevant authorities in the Republic of Korea,
— exchanges of information on environmentally sound technologies,
— exchanges of personnel,
— the promotion of cooperation on environmental matters being discussed in the international forums where the European Community and the Republic of Korea participate, particularly the UN Commission on Sustainable Development and other forums where international Conventions on the environment are debated,
— discussion on the pursuit of sustainable development practices and in particular, cooperation in the implementation of Agenda 21 and other follow-up activities from the UN Conference on Environment and Development (UNCED),
— cooperation on joint environmental projects.
Article 16. Energy
The Parties recognise the importance of the energy sector to economic and social development and are willing, within the scope of their respective competences, to enhance cooperation in this field. The objectives of such cooperation shall be:
— to promote the market-economy principle in setting consumer prices in accordance with market principles,
— to diversify energy supplies,
— to develop new and renewable forms of energy,
— to achieve rational use of energy, notably by promoting demand-side management, and
— to foster the best possible conditions for the transfer of technology in the interests of efficient energy use.
To these ends, the Parties agree to promote the conduct of joint studies and research, as well as contacts between those responsible for energy planning.
Article 17. Cooperation In Culture, Information and Communication
The Parties undertake to establish cooperation in the fields of information and communication in order to promote better mutual understanding, taking account of the cultural dimension of relations between them.
These measures shall take the form of, in particular:
— exchange of information on issues of common interest concerning culture and information,
— organisation of cultural events,
— cultural exchanges, and
— academic exchanges.
Article 18. Cooperation In the Development of Non-member countries
The Parties agree to exchange information on their development assistance policies with a view to establishing a regular dialogue on the objectives of these policies and on their respective development aid programmes in non-member countries.
They will study to what extent more substantial cooperation is feasible, in accordance with their respective legislations and the conditions applicable to the implementation of these programmes.
Article 19. Joint Committee
1. The Parties shall establish under this Agreement a Joint Committee consisting of representatives of the members of the Council of the European Union and representatives of the European Commission, on the one hand, and representatives of the Republic of Korea, on the other. Consultations shall be held in the Committee in order to facilitate the implementation and to further the general aims of this Agreement.
2. The Joint Committee shall:
— ensure that the Agreement operates properly,
— study the development of trade and cooperation between the two Parties,
— seek appropriate methods of forestalling problems which might arise in areas covered by the Agreement,
— seek ways of developing and diversifying trade,
— exchange opinions and make suggestions on any issue of common interest relating to trade and cooperation, including future action and the resources available to carry it out,
— make recommendations suitable for promoting the expansion of trade and cooperation, taking into account the need to coordinate the measures proposed.
3. The Joint Committee will normally meet once a year in Brussels and Seoul alternately. Special meetings of the Committee shall be held at the request of either Party. The Joint Committee shall be chaired alternately by each of the Parties.
4. The Joint Committee may set up specialised sub-committees in order to assist it in the performance of its tasks. These sub-committees shall make detailed reports of their activities to the Joint Committee at each of its meetings.
Article 20. Definition
For the purposes of this Agreement, the term ‘the Parties’ means the European Community or its Member States, or the European Community and its Member States, in accordance with their respective competences, on the one hand, and the Republic of Korea, on the other.
Article 21. Entry Into Force and Duration
1. This Agreement shall enter into force on the first day of the month following the date on which the Parties have notified each other of the completion of the legal procedures necessary for this purpose.
2. This Agreement is concluded for a period of five years. It shall be tacitly renewed on a yearly basis unless one of the Parties denounces it in writing six months before the date of expiry.
Article 22. Notifications
The notifications made in accordance with Article 21 shall be made to the Secretariat-General of the Council of the European Union and the Ministry of Foreign Affairs of the Republic of Korea, respectively.
Article 23. Non-execution of this Agreement
If either Party considers that the other Party has failed to fulfil an obligation under this Agreement, it may take appropriate measures. Before doing so, except in circumstances of special urgency, it shall supply the other Party with all relevant information required for a thorough examination of the situation with a view to seeking a solution acceptable to the Parties. In the selection of measures, priority must be given to those which least disturb the functioning of this Agreement. These measures shall be notified immediately to the other Party and shall be the subject of consultations if the other Party so requests.
Article 24. Future Developments
The Parties may by mutual consent expand this Agreement with a view to enhancing the level of cooperation and add to it by means of agreements on specific sectors or activities.
With regard to the implementation of this Agreement, either of the Parties may put forward suggestions for widening the scope of cooperation, taking into account the experience gained in its application.
Article 25. Declarations and Annex
The Joint Declarations and Annex to this Agreement shall form an integral part of this Agreement.
Article 26. Territorial Application
This Agreement shall apply, on the one hand, to the territories in which the Treaty establishing the European Community is applied and under the conditions laid down in that Treaty, and, on the other hand, to the territory of the Republic of Korea.
Article 27. Authentic Texts
This Agreement is drawn up in duplicate in the Danish, Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish, Swedish and Korean languages, each text being equally authentic.
IN WITNESS WHEREOF the undersigned Plenipotentiaries have signed this Framework Agreement.
Done at Luxembourg on the twenty-eighth day of October in the year one thousand nine hundred and ninety-six.
Fait à Luxembourg, le vingt-huit octobre mil neuf cent quatre-vingt-seize.
FOR THE KINGDOM OF BELGIUM,
This signature also commits the French Community, the Flemish Community, the German-speaking Community and the Walloon Region,
FOR THE KINGDOM OF DENMARK,
FOR THE FEDERAL REPUBLIC OF GERMANY,
FOR THE HELLENIC REPUBLIC,
FOR THE KINGDOM OF SPAIN,
FOR THE FRENCH REPUBLIC,
FOR IRELAND,
FOR THE ITALIAN REPUBLIC,
FOR THE GRAND DUCHY OF LUXEMBOURG,
FOR THE KINGDOM OF THE NETHERLANDS,
FOR THE REPUBLIC OF AUSTRIA,
FOR THE PORTUGUESE REPUBLIC,
FOR THE REPUBLIC OF FINLAND,
FOR THE KINGDOM OF SWEDEN,
FOR THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,
FOR THE EUROPEAN COMMUNITY,
FOR THE REPUBLIC OF KOREA,
Attachments
ANNEX. Intellectual, industrial and commercial property Conventions referred to in Article 9
— Berne Convention for the Protection of Literary and Artistic Works (Paris Act, 1971)
— International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations (Rome, 1961)
— Paris Convention for the Protection of Industrial Property (Stockholm Act, 1967, as amended in 1979)
— Patent Cooperation Treaty (Washington, 1970, as amended in 1979, and modified in 1984)
— Madrid Agreement concerning the International Registration of Marks (Stockholm Act, 1967, and amended in 1979)
— Protocol relating to the Madrid Agreement concerning the International Registration of Marks (Madrid, 1989)
— Nice Agreement concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks (Geneva, 1977, and amended in 1979)
— Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure (1977, modified in 1980)
— International Convention for the Protection of New Varieties of Plants (UPOV) (Geneva Act, 1991)