Article 18. Rule of Law and Legal Cooperation
1. The Parties shall attach particular importance to the strengthening of the rule of law.
2. The Parties shall cooperate on reinforcing all relevant institutions, including the judiciary.
3. Legal cooperation between the Parties may, inter alia, include the exchange of information concerning legal systems and legislation.
Article 19. Protection of Personal Data
The Parties shall exchange views and share knowledge with a view to promoting a high level of protection of personal data based on the applicable international standards, including those of the EU and the Council of Europe and other international legal instruments.
Article 20. Migration
1. The Parties reaffirm the importance of cooperation in managing migratory flows between their territories. With a view to strengthening cooperation, the Parties may establish, as and when appropriate, dialogue addressing any migration-related issues of mutual interest, while taking into account the specific needs-assessment referred to in paragraph
2. Each Party may, as it deems appropriate, include migration concerns in its strategies for economic and social development from its perspective as a country of origin, transit and/or destination of migrants. Cooperation on migration may also include, inter alia, capacity-building and technical assistance as agreed by the Parties.
2. Cooperation between the Parties shall be needs-based and shall be conducted through mutual consultation between the Parties and shall focus on:
(a) the root causes of migration;
(b) the exchange of views on practices and norms relevant to providing international protection to persons in need;
(c) the establishment of an effective and preventive policy against irregular migration, smuggling of migrants and trafficking in human beings, including ways to combat networks of smugglers and traffickers and to protect the victims of trafficking;
(d) the return, under appropriate, humane and dignified conditions, of persons residing illegally, including the promotion of their voluntary return, and the readmission of such persons in accordance with paragraph 3;
(e) issues identified as being of mutual interest in the field of visas and security of travel documents;
(f) issues identified as being of mutual interest in the field of border management.
3. Within the framework of the cooperation to prevent and control illegal immigration and without prejudice to the need for protection of victims of human trafficking, the Parties further agree that:
(a) Malaysia shall, subject to the need to confirm nationality, readmit any of its nationals illegally present on the territory of a Member State, upon request by the latter and without further formalities other than those referred to in paragraph 4;
(b) each Member State shall, subject to the need to confirm nationality, readmit any of its nationals illegally present on the territory of Malaysia, upon request by the latter and without further formalities other than those referred to in paragraph 4.
4. For the purposes of paragraph 3, the Member States and Malaysia shall provide their nationals without delay with appropriate travel document for such purposes. Where the person to be readmitted does not possess any documents or other proof of his or her nationality, the competent diplomatic and consular representations of Malaysia or the Member State concerned, shall make arrangements to interview the person in order to establish his or her nationality. This Article is without prejudice to the respective laws, rules and regulations of the Parties related to the determination of nationality.
5. If either Party deems it necessary, the Parties shall negotiate an agreement between the EU and Malaysia regulating the specific obligations on readmission, including an obligation on readmission of persons who are not their nationals but who hold a valid residence authorisation issued by one of the Parties or who have entered the territory of one Party coming directly from the territory of the other Party.
Article 21. Consular Protection
Malaysia agrees that the diplomatic and consular authorities of any represented Member State shall provide protection to any national of a Member State which does not have a permanent representation in Malaysia effectively in a position to provide consular protection in a given case, on the same conditions as for nationals of that Member State.
Article 22. Illicit Drugs
1. The Parties shall cooperate to ensure a balanced illicit drugs policy through effective coordination between the competent authorities including, as appropriate, from the health, justice, interior and customs sectors, with the objective of reducing the supply, trafficking and demand of illicit drugs as well as reducing the adverse consequences of drug abuse for individuals and society as a whole, and to achieve the more effective prevention of diversion of drug precursors.
2. The Parties shall agree on means of cooperation to attain the objectives referred to in paragraph 1. Actions shall be based on commonly agreed principles of the Parties taking into consideration the applicable international conventions, the Political Declaration and the Declaration on the Guiding Principles of Drug Demand Reduction, adopted by the UNGA on 10 June 1998, and the Political Declaration and Plan of Action on International Cooperation Towards an Integrated and Balanced Strategy to Counter the World Drug Problem, adopted by the UN Commission on Narcotic Drugs on 11-12 March 2009.
3. The Parties shall exchange expertise in areas such as the drafting of legislation and policies on the establishment of domestic institutions and information centres, training of personnel, drug-related research, and the prevention of diversion of precursors used for the illicit manufacture of narcotic drugs and psychotropic substances.
Article 23. Organised Crime and Corruption
The Parties shall cooperate in combatting organised crime, economic and financial crime, and corruption. Such cooperation shall aim at implementing the applicable international instruments to which they are parties, in particular the UN Convention against Transnational Organized Crime, adopted by UNGA Resolution No. 55/25 of 15 November 2000, and its supplementing Protocols, and the UN Convention against Corruption, adopted by UNGA Resolution No. 58/4 of 31 October 2003.
Article 24. Money Laundering and Terrorism Financing
1. The Parties agree on the need to work towards and to cooperate on, preventing and combatting the use of their financial systems, which include financial institutions and designated non-financial businesses and professions, for financing terrorism and laundering the proceeds of serious criminal activities.
2. The Parties agree that cooperation under paragraph 1 shall allow exchanges of relevant information within the framework of their respective laws, rules and regulations and of the applicable international standards to prevent and combat money laundering and terrorism financing, such as those adopted by the Financial Action Task Force.
3. Cooperation shall also be extended in the form of capacity building aimed at combatting money laundering and terrorism financing, including exchanges of good practices, expertise and training, as agreed by the Parties.
Title VI. COOPERATION IN OTHER SECTORS
Article 25. Human Rights
1. The Parties shall cooperate in areas to be agreed by the Parties in the promotion and protection of human rights.
2. Cooperation in the field of human rights may, inter alia, include:
(a) exchanges of best practices regarding the ratification and implementation of international conventions, the development and implementation of action plans at domestic level, the role and functioning of the Parties' relevant national human rights institutions;
(b) human rights education;
(c) the establishment of a meaningful, broad-based human rights dialogue;
(d) cooperation within the relevant UN human rights bodies.
ARTICLE 26
Financial services
1. The Parties shall strengthen cooperation with a view to achieving closer common rules and standards on, and improving accounting, auditing, supervisory and regulatory systems of, banking, insurance and other parts of the financial sector, including Islamic financial services.
2. The Parties recognise the importance of capacity-building measures to those ends.
ARTICLE 27
Economic policy dialogue
The Parties shall cooperate on promoting the exchange of information on their respective economic trends and the sharing of experience relating to economic policies in the context of regional economic cooperation and integration.
ARTICLE 28
Good governance in the area of taxation
1. The Parties shall strengthen cooperation in the area of taxation. The Parties recognise the importance of, and commit to implement in line with international standards, the principles of good governance in the area of taxation, such as transparency, the exchange of information and the avoidance of harmful tax practices, in order to promote and develop economic activities.
2. The Parties shall cooperate in enhancing capacity building in the field of good governance in the area of taxation aimed at building competence and expertise as the Parties may mutually agree upon.
ARTICLE 29
Industrial policy and small and medium-sized enterprises
The Parties, taking into account their respective economic policies and objectives, shall promote industrial policy cooperation in all fields deemed suitable, with a view to improving the competitiveness of small and medium-sized enterprises, inter alia, through:
(a) exchanging information on and sharing experience in creating framework conditions for small and medium-sized enterprises to improve their competitiveness;
(b) promoting contacts between economic operators, encouraging joint investments and establishing joint ventures and information networks notably through existing EU horizontal programmes, stimulating in particular transfers of soft and hard technology between partners;
(c) providing information and stimulating innovation and exchanging good practices on access to finance, including for micro and small enterprises;
(d) facilitating and supporting the relevant activities established by the private sectors of the Parties;
(e) promoting corporate social responsibility and accountability as well as sustainable consumption and production, including through the exchange of best practices on responsible business;
(f) joint research and innovation projects in selected industrial areas as agreed by the Parties.
ARTICLE 30
Tourism
1. The Parties shall aim to improve the exchange of information and to establish best practices in order to ensure the balanced and sustainable development of tourism.
2. The Parties shall develop cooperation on safeguarding and harmonising the potential of natural and cultural heritage, mitigating the negative impacts of tourism, and enhancing the positive contribution of the tourism sector to the sustainable development of local communities, inter alia by developing eco-tourism, while respecting the integrity and interests of local and indigenous communities, and improving training in the tourism industry.
ARTICLE 31
Information society
1. Recognising that information and communications technologies ("ICT") are key elements of modern life and of vital importance to economic and social development, the Parties endeavour to exchange views on their respective policies in this field with a view to promoting economic development.
2. Cooperation in this area may, inter alia, focus on:
(a) the participation in dialogue on the different aspects of the information society, in particular electronic communications policies and regulations including universal service, licensing and general authorisations, protection of personal data and the independence and efficiency of regulatory authorities;
(b) the exchange of information on interconnection and interoperability of the Parties' networks and services;
(c) the exchange of information on standardisation, conformity assessment and dissemination of information on ICT;
(d) the promotion of research cooperation between the Parties in the area of ICT;
(e) cooperation on digital television, including the sharing of experiences in the deployment and regulatory aspects of, and of best practices in, spectrum management;
(f) security aspects of ICT, as well as the fight against cyber-crime.
ARTICLE 32
Cybersecurity
1. The Parties shall cooperate on cybersecurity through the exchange of information on strategies, policies and best practices in compliance with their legislation and international human rights obligations.
2. The Parties shall promote the exchange of information on cybersecurity in the fields of education and training, awareness-raising initiatives, use of standards, and research and development.
ARTICLE 33
Audiovisual and media
The Parties shall consider means of encouraging exchanges, cooperation and dialogue between relevant institutions in the areas of audiovisual and media. The Parties shall hold regular dialogue in those areas.
TITLE VII
COOPERATION ON SCIENCE, TECHNOLOGY AND INNOVATION
ARTICLE 34
Science, technology and innovation
1. The Parties shall encourage, develop and facilitate cooperation in the field of science, technology and innovation in areas of mutual interest and benefit in accordance with the respective laws, rules, regulations and policies of the Parties.
2. The areas of cooperation may include biotechnology, ICT, cybersecurity, industrial and material technologies, nanotechnology, space technology, marine science and renewable energy.
3. The forms of cooperation may include:
(a) exchanging of information on science, technology and innovation policies and programmes;
(b) promoting strategic research partnerships between the Parties' scientific communities, research centres, universities and industry;
(c) promoting training and exchange of researchers.
4. Those cooperation activities should be based on the principles of reciprocity, fair treatment and mutual benefits, and ensure an adequate protection of intellectual property.
5. As regards those cooperation activities, the Parties shall promote the participation of their respective higher education institutions, research centres and productive sectors.
6. The Parties shall promote public awareness of their respective programmes and cooperation for science, technology and innovation and of the possibilities offered by such programmes.
ARTICLE 35
Green technologies
1. The Parties shall cooperate in the green technology sector with a view to:
(a) facilitating the incorporation of green technologies in sectors such as energy, buildings, water and waste management and transportation;
(b) promoting capacity building in the green technology sector ,which may include cooperation on regulatory and market-based instruments, such as green technology financing, green procurement and eco-labelling, as agreed by the Parties;
(c) promoting public education and awareness on green technologies and encourage their widespread use;
(d) promoting and deploying environmental technologies, products and services.
2. Cooperation may take the form of dialogue between the relevant institutions and agencies, exchange of information, staff exchange programmes, study visits, seminars and workshops.
ARTICLE 36
Energy
1. The Parties shall endeavour to enhance cooperation in the energy sector with a view to:
(a) diversifying the supply, channels and sources of energy in order to strengthen energy security, developing new, sustainable, innovative and renewable forms of energy, including biofuels, biomass and biogas, wind and solar energy as well as hydropower generation, while supporting the development of appropriate policy frameworks and transportation and transmission routes;
(b) promoting energy efficiency in energy production, distribution and end use;
(c) fostering the transfer of technology aimed at sustainable energy production and use;
(d) enhancing cooperation to address energy-related climate change mitigation and adaptation issues under the United Nations Framework Convention on Climate Change ("UNFCCC"), adopted in Rio de Janeiro on 9 May 1992;
(e) enhancing capacity building and facilitating investments in the field of energy.
2. To those ends, the Parties shall promote contacts and, where appropriate, joint research to the mutual benefit of the Parties, including through relevant regional and international frameworks. With reference to Article 39 and the conclusions of the World Summit on Sustainable Development ("WSSD") which took place in Johannesburg in 2002, the Parties note the need to address the links between affordable access to energy services and sustainable development. Those activities can be promoted in cooperation with the EU Energy Initiative Partnership Dialogue Facility, launched at the WSSD.
ARTICLE 37
Transport
1. The Parties shall cooperate actively in areas of mutual interest. That cooperation shall cover all modes of transport and its connectivity and shall include facilitation of the movement of goods and passengers, ensuring safety, security and environmental protection, human resources development and increase in trade and investment opportunities.
2. In the aviation sector, cooperation between the Parties shall aim to promote, inter alia:
(a) the development of economic relations based on a coherent regulatory framework with the objective of facilitating doing business;
(b) technical and regulatory convergence as regards safety, security, air traffic management, economic regulation and environmental protection;
(c) the reduction of greenhouse gas emissions;
(d) projects of mutual interest;
(e) cooperation in international fora.
3. In the maritime transport sector, cooperation between the Parties shall aim to promote, inter alia:
(a) dialogue on relevant issues, such as access to international maritime transport markets and trade on a commercial and non-discriminatory basis, national treatment and a most-favoured-nation clause for vessels flying the flag of one of the Member States or Malaysia, or which are operated by nationals or companies thereof, as well as matters related to door-to-door transport services, excluding cabotage trades;
(b) exchange of views and best practices, where applicable, on safety, security, including measures to combat piracy and armed robbery at sea, and environmental protection procedures, standards and regulations, in line with relevant international conventions;
(c) cooperation in international fora, in particular in the areas of working conditions, education, training and certification of seafarers, and the reduction of greenhouse gas emissions.
4. The Parties may explore any possible scope for enhanced cooperation in fields of mutual interest.
ARTICLE 38
Education and culture
1. The Parties shall promote education and cultural cooperation that duly respects their diversity, in order to increase mutual understanding and the knowledge of their respective cultures. To that end, the Parties shall support and promote the activities of their cultural institutions.
2. The Parties shall endeavour to take appropriate measures to promote cultural exchanges, including people-to-people exchanges, and carry out joint initiatives in various cultural spheres, including cooperation in heritage conservation with respect to cultural diversity. In that regard, the Parties shall also continue supporting the activities of the Asia-Europe Foundation.
3. The Parties shall consult and cooperate in relevant international fora, in particular the United Nations Educational, Scientific and Cultural Organization (UNESCO), in order to pursue common objectives and promote cultural diversity as well as the protection of cultural heritage. The Parties shall promote and adhere to the principles of the UNESCO Universal Declaration on Cultural Diversity.
4. The Parties shall furthermore promote actions and the implementation of programmes in higher education and for the mobility and training of researchers, including the EU Erasmus+ programme and Marie Sklodowska-Curie actions. Those actions and programmes shall, inter alia, support inter-institutional cooperation and the development of links between higher education institutions, encourage mobility of students, researchers, academic staff and experts, promote the exchange of information and know-how, help capacity building and the development of quality in teaching and learning. Actions could also cover institutional cooperation through bodies such as the Asia-Europe Institute.
Article 39. Environment and Natural Resources
1. Recalling the outcome of the UN Conference on Environment and Development held in Rio de Janeiro in 1992, the WSSD and the UN Conference on Sustainable Development held in Rio de Janeiro in 2012 (Rio+20), as well as the 2030 Agenda for Sustainable Development, the Parties shall cooperate in promoting the conservation and improvement of the environment in pursuit of sustainable development. The implementation of the applicable multilateral environmental agreements shall be taken into account in all activities undertaken by the Parties under this Agreement.
2. The Parties recognise the need to conserve and manage natural resources and biological diversity in a sustainable manner as a basis for the development of current and future generations, in particular in accordance with the Convention on Biological Diversity, adopted in Nairobi on 22 May 1992, and the Convention on International Trade in Endangered Species of Wild Fauna and Flora, signed in Geneva on 3 March 1973. They commit to implementing the decisions adopted under those Conventions, including through strategies and action plans.
3. The Parties shall endeavour to continue to strengthen their cooperation on the protection of the environment, including in regional programmes, the exchange of best practices, political and regulatory dialogues, conferences and workshops, specifically as regards:
(a) promoting environmental awareness and enhanced participation of all local communities, in environmental protection and sustainable development efforts;
(b) addressing the challenges of climate change, in particular as regards impacts on eco-systems and natural resources;
(c) promoting capacity building relating to the participation in, and implementation of, applicable multilateral environmental agreements that are binding on them;
(d) enhancing cooperation to protect, conserve and manage forest resources in a sustainable manner and on combatting illegal logging and its associated trade;
(e) conserving and sustainably using biological diversity, including endangered species, their habitat and genetic diversity, enhancing cooperation on invasive alien species of concern for the Parties, and restoring degraded ecosystems;
(f) combatting illegal wildlife trade and implementing effective measures against it;
(g) preventing illegal transboundary movement of hazardous waste and other waste and ozone-depleting substances;
(h) improving the protection and conservation of the coastal and marine environment and promoting the sustainable use of marine resources;
(i) improving ambient air quality, environmentally sound management of waste, of water resources and of chemicals, and promoting sustainable consumption and production;
(j) promoting the protection and conservation of soils and sustainable land management;
(k) promoting the designation of protected areas and the protection of ecosystems and natural areas, as well as the effective management of national parks, with due regard for local and indigenous communities living in or near those areas;
(l) promoting effective cooperation in the context of the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity, adopted on 29 October 2010;
(m) encouraging the development and use of voluntary sustainability assurance schemes such as fair and ethical trade schemes, eco-labels and certification schemes.
4. The Parties shall encourage mutual access to their programmes in the matters referred to in this Article, in accordance with the specific terms of such programmes.