2. Cooperation on protection of personal data may include, inter alia, technical assistance in the form of exchange of information and expertise.
Article 105. Cooperation on Migration and Asylum
1. The Parties reaffirm the importance, which they attach to a joint management of migration flows between their territories. With a view to strengthening cooperation between them, they shall establish a comprehensive dialogue on all migration-related issues, including illegal migration, smuggling of migrants and trafficking in human beings, as well as the inclusion of the migration concerns in the national strategies for economic and social development of the areas from which migrants originate.
2. Cooperation shall be based on a specific needs assessment conducted in mutual consultation between the Parties and be implemented in accordance with the relevant Union and national legislation in force. It will, in particular, focus on:
(a) the root causes of migration;
(b) the development and implementation of national legislation and practices as regards international protection, with a view to satisfying the provisions of the Geneva Convention of 1951 related to the status of refugees and of the Protocol of 1967 and other relevant international instruments, and to ensuring the respect of the principle of "non-refoulement";
(c) the admission rules and rights and status of persons admitted, fair treatment and integration of lawfully residing non-nationals, education and training and measures against racism and xenophobia;
(d) the establishment of an effective and preventive policy against illegal migration, smuggling of migrants and trafficking in human beings including the issue of how to combat networks of smugglers and traffickers and how to protect the victims of such trafficking;
Article 108. Combating Illicit Drugs
1. In accordance with their respective laws and regulations, the Parties will aim at reducing the supply and trafficking of, and demand for, illicit drugs as well as their impact on drug users and society at large and to achieve a more effective prevention of diversion of chemical precursors used for the illicit manufacture of narcotic drugs and psychotropic substances. In their cooperation, the Parties shall ensure that a comprehensive and balanced approach is taken in pursuing this aim through legal market regulations and effective action and coordination between the competent authorities including those from the health, education, social, law enforcement and justice sectors.
2. The Parties shall agree on means of cooperation to attain these objectives. Actions shall be based on commonly agreed principles along the lines of the relevant international conventions, the Political Declaration and the Special Declaration on the guiding principles of drug demand reduction, approved by the Twentieth United Nations General Assembly Special Session on Drugs in June 1998.
Article 109. Cultural Cooperation
1. The Parties undertake to promote bilateral cooperation in the field of culture, in order to enhance mutual understanding and foster cultural relations between the Parties.
2. The Parties support the exchange of information and expertise, as well as initiatives, contributing to increased capacity building, in particular as regards the preservation of cultural heritage.
3. The Parties will intensify cooperation as regards the fight against illicit trafficking of cultural property, in accordance with relevant UN Security Council Resolutions concerning Iraq. They will promote the ratification and effective implementation of relevant international agreements, including the 1970 Unesco Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property.
4. The Parties shall encourage intercultural dialogue between individuals, cultural institutions and organisations representing organised civil society from the Union and Iraq. 5
5. The Parties shall coordinate their efforts in international forums, including in the context of UNESCO, and/or other international bodies, with a view to promoting cultural diversity, in particular on the ratification and implementation of the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions.
Article 110. Regional Cooperation
1. The Parties agree that cooperation should help to facilitate and support Iraq's stability and regional integration. To such an end they agree to promote activities aimed at strengthening relations with Iraq, its neighbouring countries and other regional partners.
2. The parties agree that cooperation between them may include actions undertaken under cooperation agreements with other countries in the same region, provided that such action is compatible with this agreement and in their interests.
3. Without excluding any area, the Parties agree to give particular consideration to the following actions:
(a) the promotion of intra-regional trade;
(b) support for regional institutions and for joint projects and initiatives established under relevant regional organisations.
Title V. Institutional, General and Final Provisions
Article 111. Cooperation Council
1. A Cooperation Council is hereby established which shall supervise the implementation of this Agreement. It shall meet at ministerial level once a year. It shall examine any major issues arising within the framework of this Agreement and any other bilateral or international issues of mutual interest for the purpose of attaining the objectives of this Agreement. The Cooperation Council may also make appropriate recommendations, by mutual agreement between the two Parties.
2. The Cooperation Council shall consist of the representatives of the Parties.
3. The Cooperation Council shall establish its rules of procedure.
4. Either Party may refer to the Cooperation Council any dispute relating to the application or interpretation of this Agreement.
5. The Cooperation Council may settle the dispute by means of a recommendation.
6. The provisions of this Article shall in no way affect and are without prejudice to specific provisions regarding settlement of disputes under Title II of this Agreement.
Article 112. Cooperation Committee and Specialised Sub-committees
1. A Cooperation Committee is hereby established composed of representatives of the Parties and with a view to assist the Cooperation Council in its duties.
2. The Cooperation Council may decide to set up any other specialised sub-committee or body that can assist it in carrying out its duties and shall determine the composition and duties of such committees or bodies and how they shall function.
Article 113. Parliamentary Cooperation Committee
1. A Parliamentary Cooperation Committee is hereby established. It shall be a forum for Members of the Iraqi Parliament and the European Parliament to meet and exchange views.
2. The Parliamentary Cooperation Committee shall consist of Members of the European Parliament, on the one hand, and of Members of the Iraqi Parliament, on the other.
3. The Parliamentary Cooperation Committee shall be informed of the recommendations of the Cooperation Council.
4. The Parliamentary Cooperation Committee may make recommendations to the Cooperation Council.
Article 114. Facilities
To facilitate cooperation in the framework of this Agreement, both Parties agree to grant necessary facilities to duly authorised experts and officials involved in implementing cooperation for the performance of their functions, in accordance with internal rules and regulations of both Parties.
Article 115. Territorial Application
This Agreement shall apply, on the one hand, to the territories in which the Treaty on European Union and the Treaty of the Functioning of the European Union are applied and under the Conditions laid down in those Treaties and, on the other, to the territory of Iraq.
Article 116. Entry Into Force and Renewal
1. This Agreement shall enter into force on the first day of the month following the date of receipt, by the depositary, of the last of the notifications by the Parties of the completion of the procedures necessary for this purpose.
2. This Agreement is concluded for a period of ten years. It shall be automatically renewed on a yearly basis unless one of the Parties renounces it at least six months before its expiry date. The termination shall take effect six months after receipt of the notification by the other Party. Such termination shall not affect ongoing projects commenced under this Agreement prior to the receipt of the notification.
Article 117. Provisional Application
1. Notwithstanding Article 116, the Union and Iraq agree to apply Article 2, and Titles II, III and V of this Agreement from the first day of the third month following the date on which the Union and Iraq have notified each other of the completion of the procedures necessary for this purpose. Notifications shall be sent to the Secretary-General of the Council of the European Union, who shall be the depository of this agreement.
2. Where in accordance with paragraph 1, a provision of this Agreement is applied by the Parties pending its entry into force, any reference in such provision to the date of entry into force of this Agreement shall be understood to be made to the date from which the Parties agree to apply that provision in accordance with paragraph 1.
Article 118. Non-discrimination
In the fields covered by this Agreement and without prejudice to any special provisions contained therein:
(a) the arrangements applied by Iraq in respect of the Union shall not give rise to any discrimination between the Member States, their nationals or their companies or firms;
(b) the arrangements applied by the Union in respect of Iraq shall not give rise to discrimination between Iraqi nationals or its companies or firms.
Article 119. Evolutive Clause
1. The Parties may by mutual consent amend, revise, and expand this Agreement with a view to enhancing the level of cooperation, including through supplementing it by means of agreements or protocols on specific sectors or activities.
2. 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. Any widening of the scope of the cooperation under this Agreement will be decided at the Cooperation Council.
Article 120. Other Agreements
1. Without prejudice to the relevant provisions of the Treaty on European Union and the Treaty on the Functioning of the European Union, neither this Agreement nor action taken hereunder shall in any way affect the powers of the Member States to undertake bilateral cooperation activities with Iraq or to conclude, where appropriate, new cooperation agreements with Iraq.
2. This Agreement shall not affect the application or implementation of commitments undertaken by the respective Parties in relations with third parties.
Article 121. Non-execution of Agreement
1. The Parties shall adopt any general or specific measures required for them to fulfill their obligations under this Agreement and shall ensure that they comply with the objectives laid down in this Agreement.
2. If one of the Parties considers that the other Party has failed to fulfill an obligation under this Agreement it may take appropriate measures. Before doing so, it must supply the Cooperation Council within 30 days with all the relevant information required for a thorough examination of the situation with a view to seeking a solution acceptable to the Parties.
In this 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 Cooperation Council and shall be the subject of consultations in the Cooperation Council if the other Party so requests.
3. By way of derogation from paragraph 2, any Party may immediately take appropriate measures in accordance with international law in case of:
(a) denunciation of this Agreement not sanctioned by the general rules of international law;
(b) violation by the other Party of the essential elements of this Agreement referred to in Articles 2 and 5.
The other Party may ask that an urgent meeting be called to bring the Parties together within 15 days for a thorough examination of the situation with a view to seeking a solution acceptable to the Parties.
4. By way of derogation from paragraph 2, if one of the Parties considers that the other Party has failed to fulfil an obligation under Title II of this agreement, it shall exclusively have recourse to, and abide by, the dispute settlement procedures established under Section VI of Title II of this Agreement.
Article 122. Definition of the Parties
For the purposes of this Agreement, "the Parties" shall mean the Union or its Member States or the Union and its Member States, in accordance with their respective powers, on the one hand, and Iraq, on the other.
Article 123. Authentic Texts
This Agreement is drawn up in duplicate in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovene, Spanish, Swedish and Arabic languages, each of these texts being equally authentic.
Conclusion
Done at Brussels on the eleventh day of May in the year two thousand and twelve.
FOR THE KINGDOM OF BELGIUM,
FOR THE REPUBLIC OF BULGARIA,
FOR THE CZECH REPUBLIC,
FOR THE KINGDOM OF DENMARK,
FOR THE FEDERAL REPUBLIC OF GERMANY,
FOR THE REPUBLIC OF ESTONIA,
FOR IRELAND,
FOR THE HELLENIC REPUBLIC,
FOR THE KINGDOM OF SPAIN,
FOR THE FRENCH REPUBLIC,
FOR THE ITALIAN REPUBLIC,
FOR THE REPUBLIC OF CYPRUS,
FOR THE REPUBLIC OF LATVIA,
FOR THE REPUBLIC OF LITHUANIA,
FOR THE GRAND DUCHY OF LUXEMBOURG,
FOR THE REPUBLIC OF HUNGARY,
FOR MALTA,
FOR THE KINGDOM OF THE NETHERLANDS,
FOR THE REPUBLIC OF AUSTRIA,
FOR THE REPUBLIC OF POLAND,
FOR THE PORTUGUESE REPUBLIC,
FOR ROMANIA,
FOR THE REPUBLIC OF SLOVENIA,
FOR THE SLOVAK REPUBLIC,
FOR THE REPUBLIC OF FINLAND,
FOR THE KINGDOM OF SWEDEN,
FOR THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,
FOR THE EUROPEAN UNION
FOR THE REPUBLIC OF IRAQ