Title
ENHANCED PARTNERSHIP AND COOPERATION AGREEMENT BETWEEN THE EUROPEAN UNION AND THE KYRGYZ REPUBLIC
Preamble
THE EUROPEAN UNION,
of the one part,
THE KYRGYZ REPUBLIC,
of the other part,
hereafter jointly referred to as "the Parties",
CONSIDERING their strong ties and their common values,
CONSIDERING their desire to strengthen the mutually beneficial cooperation established in the past through the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Kyrgyz Republic, of the other part, signed in Brussels on 9 February 1995,
CONSIDERING their wish to upgrade their relations to reflect new political and economic realities and the advancement of their partnership,
EXPRESSING their common will to consolidate, deepen and diversify their cooperation at all levels on bilateral, regional and international issues of mutual interest,
REAFFIRMING their commitment to strengthen the promotion, protection and implementation of human rights and fundamental freedoms, and the respect for democratic principles, the rule of law and good governance, as well as the development of parliamentary democracy,
CONFIRMING their commitment to the principles laid down in the Charter of the United Nations (hereinafter referred to as the "UN Charter"), the Universal Declaration of Human Rights adopted by the UN General Assembly resolution A/RES/217 (III) A on 10 December 1948 (hereinafter referred to as the "UDHR"), the Organization for Security and Co-operation in Europe (hereinafter referred to as the "OSCE"), in particular the Helsinki Final Act adopted on 1 August 1975 during the Conference on Security and Cooperation in Europe (hereinafter referred to as the "OSCE Helsinki Final Act"), the International Covenant on Civil and Political Rights adopted by the UN General Assembly resolution 2200A (XXI) on 16 December 1966, and the International Covenant on Economic, Social and Cultural Rights adopted by the UN General Assembly resolution 2200A (XXI) on 16 December 1966, as well as principles and norms of international law,
REITERATING their commitment to actively promote international peace and security and engage in effective multilateralism and the peaceful settlement of disputes, in particular by cooperating within the framework of the UN and the OSCE,
CONSIDERING their desire to further develop regular political dialogue on bilateral and international issues of mutual interest,
CONSIDERING their commitment to international obligations to fight against the proliferation of weapons of mass destruction and their means of delivery,
CONSIDERING their commitment to strengthen cooperation in the field of justice, freedom and security, including in the fight against corruption,
CONSIDERING their commitment to contribute, through their wide-ranging cooperation in a broad spectrum of areas of common interest, to the political, socio-economic and institutional development of the Kyrgyz Republic,
CONSIDERING their willingness to strengthen their economic relationship on the basis of the principles of a free-market economy and to create a climate conducive to expanding bilateral trade and investment relations and connectivity,
CONSIDERING their commitment to comply with the rights and obligations arising from membership of the World Trade Organization (hereinafter referred to as the "WTO"), and their commitment to the transparent and non-discriminatory implementation of those rights and obligations,
CONSIDERING their commitment to respect the principle of sustainable development and to work together in pursuit of the objectives of the outcome document entitled "Transforming our world: the 2030 Agenda for Sustainable Development" of the UN summit for the adoption of the post-2015 development agenda adopted by UN General Assembly resolution A/RES/70/1 on 25 September 2015 (hereinafter referred to as the "Agenda 2030"), with due regard to their internal programmes,
CONSIDERING their commitment to ensure environmental sustainability and protection, and the implementation of multilateral environmental agreements to which they are parties, as well as their commitment to strengthen cooperation in environment, disaster risk reduction and in all areas of climate action in line with the purposes of the Paris Agreement under the United Nations Framework Convention on Climate Change adopted on 12 December 2015 (hereinafter referred to as the "Paris Agreement on Climate Change"),
CONSIDERING their commitment to promote cross-border and interregional cooperation,
NOTING, that the special position of Ireland under Protocol No 21 on the position of the United Kingdom and 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, and the special position of Denmark under Protocol No 22 on the position of Denmark, annexed to those Treaties, will be reflected in this Agreement, where appropriate,
HAVE AGREED AS FOLLOWS:
Body
Title I. OBJECTIVES AND GENERAL PRINCIPLES
Article 1. Objectives
1. This Agreement establishes an enhanced partnership and cooperation between the Parties, based on shared values, common interests and the ambition to strengthen their relationship in all areas of its application, to their mutual benefit.
2. This cooperation is a process between the Parties that contributes to sustainable development, peace, stability and security, through increased convergence with regard to foreign and security policy, effective political and economic cooperation and multilateralism.
Article 2. General Principles
1. Respect for democratic principles and human rights and fundamental freedoms, as laid down in particular in the UN Charter, the UDHR, the OSCE Helsinki Final Act and other relevant international human rights instruments to which they are party, 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 reaffirm their respect for the principles of good governance, including the fight against corruption at all levels.
3. The Parties reiterate their commitment to the principles of a free-market economy, promoting sustainable development and the fight against climate change.
4. The Parties commit themselves to the fight against the different forms of transnational organised crime and terrorism, the fight against the proliferation of weapons of mass destruction (hereinafter referred to as "WMD") and their means of delivery and to effective multilateralism.
5. The Parties shall implement this Agreement on the basis of shared values, the principles of dialogue, mutual trust and respect, regional cooperation, effective multilateralism and respect for their international obligations arising from, in particular, their membership of the UN and the OSCE.
Title II. POLITICAL DIALOGUE AND REFORM; COOPERATION IN THE FIELD OF FOREIGN AND SECURITY POLICY
Article 3. Aims of Political Dialogue
The Parties shall develop effective political dialogue in all areas of mutual interest, including foreign and security policy and internal reform. The aims of the political dialogue shall be:
(a) to increase the effectiveness of political cooperation and convergence with regard to foreign and security policy and to promote, preserve and strengthen peace and regional and international stability and security based on effective multilateralism;
(b) to strengthen democracy and political, sustainable socio-economic and institutional development in the Kyrgyz Republic;
(c) to strengthen the respect for democratic principles, the rule of law and good governance, human rights, fundamental freedoms and the principle of non-discrimination, and to increase cooperation in these areas;
(d) to develop dialogue and deepen cooperation in the field of security and defence;
(e) to promote the peaceful resolution of conflicts and the principles of territorial integrity, inviolability of borders, sovereignty and independence;
(f) to improve the conditions for regional cooperation.
Article 4. Democracy and the Rule of Law
The Parties shall enhance dialogue and cooperation with the aim of:
(a) ensuring the application of democratic principles and the rule of law;
(b) developing, consolidating and increasing the stability, effectiveness and accountability of democratic institutions;
(c) pursuing judicial and legal reform and effective functioning of institutions in the areas of law enforcement and the administration of justice, so as to ensure equal access to justice and the right to a fair trial (including procedural rights of suspects, accused and victims), to secure the independence, accountability, quality and efficiency of the judiciary, the prosecution and law enforcement;
(d) promoting e-governance and pursuing public administration reform to build an accountable, efficient and transparent governance at national, regional and local levels;
(e) strengthening electoral processes and capacities of electoral management bodies;
(f) ensuring effectiveness in the fight against corruption at all levels.
Article 5. Human Rights and Fundamental Freedoms
The Parties shall cooperate in the promotion and protection of human rights and fundamental freedoms, and enhance dialogue and cooperation with the aim of:
(a) ensuring the respect for human rights, the principle of non-discrimination and the rights of persons belonging to minorities and vulnerable groups;
(b) ensuring the protection of fundamental freedoms, including freedom of expression, freedom of assembly and of association; freedom of the media and freedom of religion;
(c) promoting economic, social and cultural rights;
(d) promoting gender equality, promoting, protecting and fulfilling girls' and women's rights, including by ensuring their active participation in private and public spheres;
(e) strengthening national human-rights-related institutions, including through their participation in the decision making processes;
(f) strengthening cooperation within the United Nations human rights bodies and Special Procedures of the Human Rights Council, including a proper follow-up of their recommendations in accordance with national legislation of the Parties.
Article 6. Civil Society
The Parties shall cooperate to strengthen civil society and its role in economic, social and political development of an open democratic society, in particular by:
(a) strengthening the capacity, independence and transparency of civil society organisations;
(b) fostering civil society engagement in law- and policy-making processes by establishing an open, transparent and regular dialogue between public institutions, on the one hand, and representatives of civil society, on the other;
(c) fostering strengthened contacts, exchange of information and experiences including through seminars and consultations between all sectors of civil society of the European Union and of the Kyrgyz Republic, including by implementing this Agreement.
Article 7. Foreign and Security Policy
1. The Parties reaffirm their commitment to the principles and norms of international law, including those enshrined in the UN Charter and the OSCE Helsinki Final Act, and their commitment to the promotion of those principles and norms in their bilateral and multilateral relations.
2. The Parties shall intensify their dialogue and cooperation in the area of foreign and security policy, including various aspects of security and defence policy, and shall address, in particular, issues of conflict prevention and crisis management, risk reduction, cybersecurity, efficient functioning of the security sector, regional stability, disarmament, non-proliferation, arms control and export control.
Article 8. 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 their effective prosecution must be ensured by taking measures at the domestic and international level.
2. The Parties consider that the establishment and effective functioning of the International Criminal Court constitutes an important development for international peace and justice. The Parties shall enhance cooperation in the promotion of peace and international justice. The parties shall promote universality of the Rome Statute of the International Criminal Court and will discuss the question of ratification and implementation, taking into account their legal and constitutional frameworks.
3. The Parties agree to closely cooperate to prevent genocide, crimes against humanity and war crimes by making use of appropriate bilateral and multilateral frameworks.
Article 9. Conflict Prevention and Crisis Management
The Parties shall cooperate in conflict prevention and crisis management and work against conflicts in the region in order to create an environment of peace and stability.
Article 10. Regional Cooperation and Peaceful Resolution of Conflicts
1. The Parties shall intensify their joint efforts to improve conditions for further regional cooperation in key areas such as water, energy, environment and climate change, integrated management of water and hydro energy resources, border management that facilitates cross-border flow of persons and goods, and democratic and sustainable development, thereby contributing to good neighbourly relations, stability and security in Central Asia. The Parties shall work towards the peaceful resolution of conflicts.
2. The efforts referred to in paragraph 1 shall follow the objective of maintaining international peace and security, as enshrined in the UN Charter, the OSCE Helsinki Final Act and other relevant multilateral instruments to which the Parties adhere.
Article 11. Countering Proliferation of WMD
1. 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 therefore agree to cooperate and to contribute to countering the proliferation of WMD and their means of delivery 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. The Parties agree that this provision constitutes an essential element of this Agreement.
2. The Parties furthermore agree to cooperate and to contribute to countering the proliferation of WMD and their means of delivery by:
(a) taking steps to sign, ratify, or accede to, as appropriate, and fully implement relevant international instruments;
(b) the establishment of an effective system of national export controls, controlling the export as well as transit of WMD-related goods, including a WMD end-use control on dual-use technologies and containing effective sanctions for breaches of export controls.
3. The Parties agree to establish a regular political dialogue that will accompany and consolidate these elements.
Article 12. Small Arms and Light Weapons and Conventional Arms Export Control
1. The Parties recognise that the illicit manufacture, transfer and circulation of small arms and light weapons (hereinafter referred to as "SALW"), including their ammunition, and their excessive accumulation, poor management, inadequately secured stockpiles and uncontrolled spread continue to pose a serious threat to peace and international security.
2. The Parties agree to observe and fully implement their respective obligations to deal with the illicit trade in SALW, including their ammunition, under existing international agreements and UN Security Council resolutions, as well as their 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 on 20 July 2001.
3. 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 diversion of conventional weapons.
4. The Parties therefore undertake to cooperate and ensure coordination, complementarity and synergy in their efforts to regulate, or to improve the regulation of, international trade in conventional arms and to prevent, combat and eradicate the illicit trade in arms. They agree to establish a regular political dialogue that will accompany and consolidate this undertaking.
Title III. JUSTICE, FREEDOM AND SECURITY
Article 13. Protection of Personal Data
1. The Parties recognise the importance of promoting and ensuring the fundamental rights to privacy and the protection of personal data, as a central factor of citizens' trust in the digital economy and a key element for further developing commercial exchanges and law enforcement cooperation.
2. The Parties shall cooperate to ensure the effective protection and enforcement of these rights, including in the context of the prevention and combat of terrorism and of other transnational crimes. Cooperation may include capacity-building, technical assistance and the exchange of information and expertise, and other forms.
3. The Parties shall cooperate in order to ensure a high level of protection of personal data, through the exchange of best practices and experience, taking into account European and international legal instruments and standards. As a way to facilitate cooperation, the Kyrgyz Republic will strive for accession to, and implementation of the Council of Europe Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data done on 28 January 1981 and its Additional Protocol to the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data regarding supervisory authorities and transborder data flows done on 8 November 2001.
Article 14. Cooperation on Migration, Asylum and Border Management
1. The Parties reaffirm the importance of establishing a comprehensive dialogue on all migration-related issues, including legal migration as appropriate, international protection and the fight against illegal migration, fighting people smuggling and trafficking in human beings.
2. Cooperation shall be based on a specific needs-assessment conducted through mutual consultation between the Parties and shall be implemented in accordance with their relevant legislation in force. It shall, in particular, focus on:
(a) addressing 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 Convention Relating to the Status of Refugees adopted on 28 July 1951, and the Protocol Relating to the Status of Refugees done on 31 January 1967;
(c) recalling the New York Declaration for Refugees and Migrants adopted by the UN General Assembly resolution A/RES/71/1 on 19 September 2016;
(d) 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;
(e) the establishment of an effective and preventive policy against illegal migration, the 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 in the framework of relevant international instruments;
(f) issues such as organisation, training, best practices and other operational measures in the areas of migration management, in particular illegal migration, document security, visa policy, and border-management and migration-information systems.
Article 15. Readmission and the Fight Against Illegal Migration
1. In the framework of their cooperation to prevent and tackle illegal migration, the Parties agree that:
(a) the Kyrgyz Republic shall readmit any of its nationals who do not, or who no longer, fulfil the conditions in force for entry to, presence in, or residence on the territory of a Member State of the European Union, upon request by the latter and without further formalities;
(b) each Member State of the European Union shall readmit any of its nationals who do not, or who no longer, fulfil the conditions in force for entry to, presence in, or residence on the territory of the Kyrgyz Republic, upon request by the latter and without further formalities;
(c) the Member States of the European Union and the Kyrgyz Republic shall provide their nationals with appropriate travel documents for such purposes or accept the use of the European travel document established in accordance with Regulation (EU) 2016/1953 of the European Parliament and of the Council 1 for return purposes. When the person to be readmitted does not possess any documents or other proofs of his or her nationality, the competent diplomatic and consular representations of the Member State concerned or the Kyrgyz Republic shall, upon request by the Kyrgyz Republic or the Member State concerned, provide full cooperation in order to establish his or her nationality.
2. The Parties agree to conclude, upon request, an agreement between the European Union and the Kyrgyz Republic regulating the specific obligations for Member States of the European Union and the Kyrgyz Republic on readmission, including detailed provisions for the readmission of nationals of other countries and stateless persons. The Parties may consider as well, if conditions allow, a possible negotiation of an agreement between the European Union and the Kyrgyz Republic on visa facilitation for citizens of the European Union and of the Kyrgyz Republic.
Article 16. Anti-money Laundering and Combating the Financing of Terrorism
1. The Parties shall cooperate with a view to preventing and effectively combating the use of their financial institutions and designated non-financial businesses and professions from laundering the proceeds of criminal activities and financing terrorism.
2. To that end, they shall exchange information within the framework of their respective legislation and cooperate to ensure the effective and full implementation of the Financial Action Task Force (FATF) recommendations and other standards adopted by relevant international bodies active in this area. Such cooperation may include, inter alia, identification, tracing, seizure, confiscation and recovery of assets or funds derived from the proceeds of crime.
Article 17. Illicit Drugs
1. The Parties shall cooperate to ensure a balanced, evidence-based and integrated approach towards illicit drugs as well as new psychoactive substances.
2. Drug-related policies and actions shall be aimed at reinforcing structures to prevent and address illicit drugs, reduce the supply of, trafficking in, and demand for illicit drugs, and cope with the health and social consequences of the use of illicit drugs with a view to reducing harm. The Parties shall cooperate to prevent the diversion of chemical precursors used for the illicit manufacture of narcotic drugs and psychotropic and new psychoactive substances.
3. The Parties shall agree on the necessary methods of cooperation to attain the objectives referred to in paragraph 1. Actions shall be based on commonly agreed principles set out in the relevant UN drug control conventions, and on the recommendations set out in the outcome document entitled "Our joint commitment to effectively addressing and countering the world drug problem" adopted by the UN General Assembly resolution A/RES/S-30/1 on 19 April 2016, as the most recent international consensus on the international drug policy, in order to take stock of the implementation of the commitments made to jointly address and counter the world drug problem.
Article 18. Fight Against Organised Crime and Corruption
1. The Parties shall cooperate in combating and preventing criminal and illegal activities, including transnational activities, organised or otherwise, such as:
(a) smuggling of migrants and trafficking in human beings;
(b) smuggling and trafficking in firearms including SALW;
(c) smuggling and trafficking illicit drugs;
(d) smuggling and trafficking in goods;
(e) illegal economic and financial activities such as counterfeiting, fiscal fraud and public‑procurement fraud;
(f) embezzlement in projects funded by international donors;
(g) active and passive corruption, in both the private and public sector;
(h) forging documents and submitting false statements;
(i) cybercrime.
2. The Parties shall enhance bilateral, regional and international cooperation among law-enforcement bodies, including training and experience sharing. The Parties shall implement effectively the relevant international standards, in particular those enshrined in the United Nations Convention against Transnational Organised Crime adopted by the UN General Assembly resolution A/RES/55/25 on 8 January 2001 and the Protocols thereto.
3. The Parties shall cooperate in preventing and fighting corruption in line with relevant international standards, in particular those enshrined in the United Nations Convention against Corruption adopted by the UN General Assembly resolution A/RES/58/4 on 31 October 2003 and the recommendations arising from assessments against this convention.
Article 19. Counter-terrorism
1. The Parties reaffirm the importance of the fight against and the prevention of terrorism, and agree to work together at bilateral, regional and international level to prevent and combat terrorism in all its forms and manifestations.
2. The Parties agree that it is essential that the fight against terrorism be conducted with full respect for the rule of law and in full conformity with international law, including international human rights law, international refugee law and international humanitarian law, the principles of the UN Charter, and all relevant international counter-terrorism-related instruments.
3. The Parties stress the importance of the universal ratification and implementation of all UN counter-terrorism-related conventions and protocols. The Parties agree to promote dialogue on the draft comprehensive convention on international terrorism and to cooperate in the implementation of the United Nations Global Counter-Terrorism Strategy adopted by the UN General Assembly resolution A/RES/60/288 on 8 September 2006, as well as all relevant UN Security Council resolutions.
4. The Parties reaffirm the importance of a law-enforcement and judicial approach to the fight against terrorism, and agree to cooperate in the prevention and suppression of terrorism, in particular by:
(a) exchanging information on terrorist groups and individuals and their support networks, in accordance with international and national law, in particular as regards data protection and the protection of privacy;
(b) exchanging experience with regard to the prevention and suppression of terrorism, means and methods and their technical aspects, as well as training, in accordance with applicable law;
(c) exchanging views on radicalisation and recruitment, and ways to counter radicalisation, and promote deradicalisation and rehabilitation;
(d) exchanging views and experience concerning cross-border movement and travel of terrorist suspects as well as terrorist threats;
(e) sharing best practices as regards the protection of human rights in the fight against terrorism, in particular in relation to criminal proceedings;
(f) ensuring the criminalisation of terrorist offences and taking measures to counter the financing of terrorism;
(g) taking measures against the threat of chemical, biological, radiological and nuclear terrorism, and undertaking necessary measures to prevent the acquisition, transfer and use for terrorist purposes of chemical, biological, radiological and nuclear materials as well as to prevent illegal acts against high-risk chemical, biological, radiological and nuclear facilities.
5. Cooperation shall be based on relevant available assessments and conducted through mutual consultation between the Parties.
Article 20. Judicial and Legal Cooperation
1. The Parties shall enhance existing cooperation on mutual legal assistance and extradition based on relevant international agreements. The Parties shall strengthen existing mechanisms and, as appropriate, consider the development of new mechanisms to facilitate international cooperation in this area. Such cooperation shall include, as appropriate, accession to, and implementation of, the relevant international instruments, and closer cooperation with Eurojust.
2. The Parties shall develop judicial and legal cooperation in civil and commercial matters, in particular, as regards the negotiation, ratification and implementation of multilateral conventions on civil judicial cooperation, including the Conventions of The Hague Conference on Private International Law.
Article 21. Consular Protection
The diplomatic and consular authorities of any represented Member State of the European Union shall provide protection to any national of a Member State of the European Union which does not have a permanent representation in the Kyrgyz Republic in a position to effectively provide consular protection in a given case, on the same conditions as to nationals of that Member State.
With a view to establishing a coordinated procedure allowing nationals of the Kyrgyz Republic to receive consular protection in Member States of the European Union in which the Kyrgyz Republic does not have a permanent representation in a position to effectively provide consular protection in a given case, the requirement for consular posts of the Kyrgyz Republic established in a Member State of the European Union to give notification under Article 7 of the Vienna Convention on Consular Relations adopted on 24 April 1963 is waived.