Title
FRAMEWORK AGREEMENT ON PARTNERSHIP AND COOPERATION BETWEEN THE EUROPEAN UNION AND ITS MEMBER STATES, OF THE ONE PART, AND THE GOVERNMENT OF MALAYSIA, OF THE OTHER PART
Preamble
THE EUROPEAN UNION, hereinafter referred to as "the EU",
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,
IRELAND,
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,
Member States of the European Union, hereinafter referred to as "Member States",
of the one part,
and
THE GOVERNMENT OF MALAYSIA, hereinafter referred to as "Malaysia",
of the other part,
hereinafter referred to singularly as "the Party" and jointly as "the Parties",
CONSIDERING the traditional links of friendship between the Parties and the close historical, political and economic ties that unite them;
ATTACHING particular importance to the comprehensive nature of their mutual relationship;
CONSIDERING that this Agreement forms part of a wider and coherent relationship between them through agreements to which they are parties;
RECOGNISING the value of tolerance, acceptance and mutual respect in a diverse and multifaceted international community, and acknowledging the importance of moderation;
REAFFIRMING the attachment of the Parties to the respect for democratic principles and human rights as laid down in the Universal Declaration of Human Rights, adopted by the General Assembly of the United Nations ("UNGA") on 10 December 1948, and in other relevant international human rights instruments applicable to the Parties;
REAFFIRMING their attachment to the principles of the rule of law and of good governance, and their desire to promote economic and social progress for their peoples, taking into account the principle of sustainable development and environmental protection requirements;
DESIRING to enhance cooperation on international stability, justice and security as a basic precondition to promoting sustainable social and economic development, the eradication of poverty and promoting the 2030 Agenda for Sustainable Development adopted by the UNGA Resolution No. 70/1 of 25 September 2015;
VIEWING terrorism as a threat to global security and WISHING to intensify their dialogue and cooperation in the fight against terrorism, in accordance with relevant United Nations Security Council ("UNSC") instruments, particularly UNSC Resolution 1373 (2001);
EXPRESSING their commitment to preventing and combatting all forms of terrorism and to establishing effective international instruments to ensure its eradication;
RECOGNISING that any measures taken to combat terrorism have to comply with the Parties' obligations under international law, in particular, international human rights law and humanitarian law;
REAFFIRMING that the most serious crimes of concern to the international community must not go unpunished and considering the international criminal tribunals, including the International Criminal Court, as important developments for international peace and justice;
SHARING the view that proliferation of weapons of mass destruction ("WMD") and their means of delivery pose a major threat to international peace and security, and wish to strengthen their dialogue and cooperation in this area;
RECOGNISING that uncontrolled movement of conventional arms is a threat to international and regional peace, security and stability, and recognising the need to cooperate to ensure responsible transfer of conventional arms and to deal with the illicit trade in small arms and light weapons including their ammunition;
RECOGNISING the importance of the Cooperation Agreement between the European Economic Community and Indonesia, Malaysia, the Philippines, Singapore and Thailand -member countries of the Association of Southeast Asian Nations ("ASEAN") signed in Kuala Lumpur on 7 March 1980, and its subsequent accession protocols;
RECOGNISING the importance of strengthening the existing relationship between the Parties with a view to enhancing cooperation between them, and their common will to consolidate, deepen and diversify their relations in areas of mutual interest;
EXPRESSING their commitment to promoting all aspects of sustainable development, including environmental protection and effective cooperation to address climate change;
EXPRESSING their commitment to promoting internationally recognised labour and social standards;
UNDERLINING the importance of strengthening cooperation on migration;
NOTING that if the Parties decide, within the framework of this Agreement, to enter into specific agreements in the area of freedom, security and justice which may be concluded by the EU 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 Ireland unless the EU, simultaneously with Ireland as regards its previous bilateral relations, notifies Malaysia that Ireland has become bound by such future specific agreements as part of the EU in accordance with Protocol No 21 on the position of Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union. Likewise, any subsequent EU internal measures which were to be adopted pursuant to the aforementioned Title to implement this Agreement would not bind Ireland unless it has notified its wish to take part in or accept such measures in accordance with Protocol No 21.
ALSO NOTING that, such future specific agreements or such subsequent EU internal measures would fall within Protocol No 22 on the position of Denmark annexed to those Treaties;
HAVE AGREED AS FOLLOWS:
Body
Title I. NATURE AND SCOPE
ARTICLE 1
Basis for cooperation
1. Respect for democratic principles and human rights, as laid down in the Universal Declaration of Human Rights and in other relevant international human rights instruments applicable to the Parties, and for the principle of the rule of law, underpins the internal and international policies of the Parties, and constitutes an essential element of this Agreement.
2.The Parties confirm their shared values as expressed in the Charter of the United Nations, signed in San Francisco on 26 June 1945.
3. The Parties confirm their commitment to promoting sustainable development, to cooperating to address the challenges of climate change as well as of globalisation, and to contributing to the internationally agreed development goals, in particular to strengthening a global partnership for development as renewed in the 2030 Agenda for Sustainable Development.
4. The Parties reaffirm their attachment to the principles of good governance in all its aspects.
5. The implementation of this Agreement shall be based on the principles of dialogue, mutual respect, equal partnership, consensus and respect for international law.
6. The Parties agree that cooperation under this Agreement shall be in accordance with their respective laws, rules, regulations and policies.
ARTICLE 2
Objectives of cooperation
The objectives of this Agreement are to establish a strengthened partnership between the Parties and to deepen and enhance cooperation on issues of mutual interest, reflecting shared values and common principles.
Title II. BILATERAL, REGIONAL AND INTERNATIONAL COOPERATION
ARTICLE 3
Cooperation in regional and international fora and organisations
1. The Parties undertake to exchange views and cooperate in regional and international fora and organisations such as the United Nations ("UN") and relevant UN Agencies, the EU-ASEAN dialogue, the ASEAN Regional Forum, the Asia-Europe Meeting ("ASEM"), the UN Conference on Trade and Development and the World Trade Organization ("WTO").
2. The Parties shall also promote cooperation between think tanks, academics, non-governmental organisations and the media in areas covered by this Agreement. Such cooperation may, in particular, include the provision of related trainings, workshops and seminars, exchanges of experts, studies and other actions agreed by the Parties.
ARTICLE 4
Regional and bilateral cooperation
For each sector of dialogue and cooperation under this Agreement, and while giving emphasis to matters under this Agreement, the Parties may also, by mutual agreement, cooperate through activities at regional level or through a combination of bilateral and regional frameworks, taking into account the regional decision-making processes of the regional grouping concerned. In this regard, in choosing the appropriate framework, the Parties shall seek to maximise the impact on and reinforce the involvement of all interested parties, while making the most efficient use of available resources and ensuring coherence with other activities.
Title III. COOPERATION ON INTERNATIONAL PEACE, SECURITY AND STABILITY
ARTICLE 5
Combatting terrorism
The Parties reaffirm the importance of preventing and combatting terrorism, in full respect of the principles of the Charter of the United Nations, the rule of law and international law, including applicable international human rights law and humanitarian law, taking into account the UN Global Counter-Terrorism Strategy, contained in UNGA Resolution No. 60/288 (2006) as revised by UNGA Resolutions No. 62/272 (2008) and No. 64/297 (2010). Within this framework, they shall cooperate on preventing and combatting terrorist acts, in particular:
(a) in the framework of the implementation of UNSC Resolutions 1267 (1999), 1373 (2001) and 1822 (2008), as well as other relevant UN resolutions, and of the ratification and implementation of relevant international conventions and instruments;
(b) by exchanging information on terrorist groups and on their support networks in accordance with international and domestic law;
(c) by exchanging views on means and methods used to counter terrorism and incitement of terrorist acts, including in technical fields and training, and by exchanging experience in terrorism prevention;
(d) by cooperating so as to deepen the international consensus on the fight against terrorism and terrorism financing and in the appropriate normative framework, and by working towards an agreement on the Comprehensive Convention on International Terrorism as soon as possible, so as to complement the existing UN and other applicable international counter-terrorism instruments;
(e) by promoting cooperation among UN Member States to effectively implement the UN Global Counter-Terrorism Strategy by all appropriate means;
(f) by implementing and enhancing their cooperation on counter-terrorism within the EU-ASEAN dialogue and ASEM frameworks;
(g) by exchanging best practices in the area of prevention and the fight against terrorism.
ARTICLE 6
Serious crimes of concern to the international community
1. The Parties reaffirm that the most serious crimes of concern to the international community as a whole must not go unpunished and that measures must be taken to address those crimes, as appropriate, at domestic or international level in accordance with the Parties' respective laws and applicable international obligations. Those measures may include diplomatic, humanitarian and other peaceful means as well as international criminal tribunals and courts.
2. The Parties consider international criminal tribunals, including the International Criminal Court, as an important development for international peace and justice.
3. The Parties reiterate the importance of cooperation with those courts and tribunals in accordance with the Parties' respective laws and applicable international obligations.
4. The Parties shall cooperate with a view to promoting the universality of the Rome Statute of the International Criminal Court.
ARTICLE 7
Weapons of mass destruction
1. The Parties reiterate the objective of strengthening international regimes on WMD. The Parties consider that the proliferation of 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. The Parties shall cooperate and contribute to international stability and security through full compliance with, and national implementation of, their existing obligations under international disarmament and non-proliferation treaties and agreements and other relevant international obligations within the framework of the Charter of the United Nations. This provision constitutes an essential element of this Agreement.
2. The Parties furthermore shall cooperate and contribute to strengthening the international non-proliferation and disarmament regimes by:
(a) taking steps, as appropriate, to sign, ratify or accede to, and fully implement, all other relevant international instruments on WMD, and promoting universal adherence to them;
(b) implementing and further developing effective national export controls, controlling the export and 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 the universal adoption and full implementation of applicable multilateral treaties.
3. The Parties recognise that implementation of export controls should not hamper international cooperation on the development of materials, equipment and technology for peaceful purposes, while goals of peaceful utilisation should not be used as a cover for proliferation.
4. The Parties shall have a regular political dialogue that will accompany and consolidate their commitments under this Article. Such dialogue may take place on a regional basis.
ARTICLE 8
Conventional arms
1. 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 to the prevention of the diversion of conventional weapons.
2. The Parties recognise that the illicit manufacture, transfer and circulation of small arms and light weapons, including their ammunition, and the excessive accumulation, poor management, inadequately secured stockpiles and the uncontrolled spread of small arms and light weapons continue to pose a serious threat to peace and international security.
3. The Parties shall observe and fully implement their respective obligations to deal with the illicit trade in small arms and light weapons, including their ammunition, under existing international agreements and UNSC resolutions, as well as commitments within the framework of other international instruments applicable in this area, such as the UN Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in all its Aspects, adopted by the UNGA on 20 July 2001.
4. The Parties shall cooperate at bilateral, regional and international levels in their efforts to ensure the responsible transfer of conventional arms and to deal with the illicit trade in small arms and light weapons, including their ammunition. The Parties shall ensure coordination in their efforts to regulate or improve the regulation of international trade in conventional arms and to prevent, combat and eradicate the illicit trade in arms. The Parties shall also include issues related to conventional arms within the framework of their existing regular political dialogue.
ARTICLE 9
Moderation
1. The Parties shall cooperate with a view to promoting moderation in dialogues when addressing issues of mutual concern.
2. The Parties shall agree, where applicable, to further the value of moderation in regional and international fora.
3. The Parties shall cooperate on promoting moderation, including by facilitating and supporting relevant activities, as well as exchanging best practices, information and experience.
Title IV. COOPERATION ON TRADE AND INVESTMENT
Article 10. General Principles
1. The Parties shall engage in dialogue on trade and investment-related matters with a view to strengthening and advancing the multilateral trade system and bilateral trade between them.
2. To that end, the Parties shall cooperate in the trade and investment area, inter alia, by striving towards a free trade agreement between the Parties. Such agreement shall constitute a specific agreement as referred to in Article 52(2).
3. The Parties may wish to develop their trade and investment relations through dialogue, cooperation and mutually agreed initiatives by addressing, among other matters, areas referred to in Articles 11 to 17.
Article 11. Sanitary and Phytosanitary Matters
1. The Parties shall cooperate on sanitary and phytosanitary ("SPS") matters to protect human, animal or plant life or health in the territory of the Parties.
2. The Parties shall discuss and exchange information on the respective measures as defined in the WTO Agreement on the Application of Sanitary and Phytosanitary Measures, which entered into force with the establishment of the WTO on 1 January 1995, the International Plant Protection Convention, signed in Rome on 6 December 1951, the World Organisation for Animal Health and the Codex Alimentarius Commission.
3. The Parties agree to cooperation on capacity building in SPS matters. Such capacity building shall be specific to the needs of each Party and be conducted with the aim of assisting the Party in complying with the other Party's SPS measures.
Article 12. Technical Barriers to Trade
The Parties shall promote the use of international standards and shall cooperate and exchange information on standards, technical regulations and conformity assessment procedures, especially within the framework of the WTO Agreement on Technical Barriers to Trade, which entered into force with the establishment of the WTO on 1 January 1995.
Article 13. Customs
With a view to increasing the security and safety of international trade and ensuring a balanced approach between trade facilitation and the fight against fraud and irregularities, the Parties shall share experience in, and examine possibilities with regard to:
(a) simplifying import, export and other customs procedures;
(b) establishing mutual administrative assistance mechanisms;
(c) ensuring the transparency of customs and trade regulations;
(d) developing customs cooperation;
(e) seeking convergence of views and joint action in the context of relevant international initiatives, including trade facilitation.
Article 14. Investment
The Parties shall encourage a greater flow of investment through the development of an attractive and stable environment for reciprocal investment through a consistent dialogue aimed at enhancing understanding and cooperation on investment issues, exploring mechanisms to facilitate investment flows, and promoting stable, transparent, open and non-discriminatory rules for investors.
Article 15. Competition Policy
1. The Parties shall promote, and may cooperate on, the effective application of competition rules, taking into consideration the notion of transparency and procedural fairness to ensure certainty for enterprises operating in each other's markets.
2. The Parties shall engage in technical cooperation activities in the area of competition policy subject to the availability of funding for such activities under the Parties' cooperation instruments and programmes.
Article 16. Services
The Parties shall establish a consistent dialogue aimed in particular at exchanging information on their respective regulatory environments, promoting access to each other's markets, including through e-commerce, promoting access to sources of capital and technology, and at promoting trade in services between the Parties and in the markets of third countries.
Article 17. Intellectual Property Rights
1. The Parties reaffirm the great importance they attach to the protection of intellectual property rights, including geographical indications, and each Party undertakes to establish the appropriate measures with a view to ensuring adequate, balanced and effective protection and enforcement of intellectual property rights, in particular as regards the infringement of such rights, in accordance with the international standards to which the Parties are committed. The protection and enforcement of intellectual property rights should contribute to the promotion of technological innovation and to the transfer and dissemination of technology, to the mutual advantage of producers and users of technological knowledge and in a manner conducive to social and economic welfare, and to a balance of rights and obligations.
2. The Parties may exchange information and share experience on issues such as:
(a) the practice, promotion, dissemination, streamlining, management, harmonisation and protection of intellectual property rights;
(b) effective application, utilisation and commercialisation of intellectual property rights;
(c) the enforcement of intellectual property rights, including border measures.
3. The Parties shall cooperate in the areas of intellectual property protection of mutual interest for effective intellectual property protection, utilisation and commercialisation based upon their experiences, and shall enhance the dissemination of knowledge thereof.