Title
FRAMEWORK AGREEMENT on Comprehensive Partnership and Cooperation between the European Union and its Member States, of the one part, and the Kingdom of Thailand, 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 KINGDOM OF THAILAND, hereinafter referred to as "Thailand",
of the other part,
hereinafter referred to 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;
REAFFIRMING their attachment to democratic principles, and to human rights and fundamental freedoms 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;
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 environmental protection requirements and the principles of sustainable development, as well as the 2030 Agenda for Sustainable Development, adopted by UNGA Resolution No 70/1 of 25 September 2015;
RECOGNISING Thailand’s status as a developing country and taking into account the Parties’ respective levels of development;
RECOGNISING the need to promote non-proliferation and disarmament concepts and objectives through relevant international and regional instruments in order to counter the danger posed by weapons of mass destruction (WMD). The adoption by consensus of United Nations Security Council (UNSC) Resolution 1540 (2004) underlines the commitment of the whole international community to counter the proliferation of such weapons. The European Council adopted on 12 December 2003 a Strategy against Proliferation of Weapons of Mass Destruction, and the Council of the European Union adopted on 17 November 2003 an EU policy of mainstreaming non-proliferation policies into the relations of the EU with third countries. Thailand, as a member of the Association of Southeast Asian Nations (ASEAN), is a founding signatory to the Treaty on the Southeast Asia Nuclear Weapon-Free Zone, signed in Bangkok on 15 December 1995;
WHEREAS the Parties acknowledge the links between disarmament, arms control, peace and security, and development, and note that closer cooperation between the Parties in promoting the implementation of the relevant international instruments can lead to progress towards the achievement of the UN Sustainable Development Goals (SDGs) and a more secure world;
WHEREAS the Parties view terrorism as a threat to global security and wish to intensify their dialogue and cooperation in the fight against terrorism, in accordance with relevant UNSC resolutions, in particular UNSC Resolution 1373 (2001), the Parties reaffirm that respect for human rights for all and the rule of law are the fundamental basis for the fight against terrorism;
REAFFIRMING 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 national level and by enhancing global collaboration;
REAFFIRMING the determination to fight against serious crimes of international concern;
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 South-East Asian Nations 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 on the basis of respect for sovereignty, equality, non-discrimination, respect for the natural environment and mutual benefit;
RECOGNISING that the Parties share the common aspiration to achieve resource-efficient, inclusive, innovative, net zero emissions and green economies, and that the sharing of experiences in implementing their domestic policies can improve their outcomes and speed up the realisation of the UN SDGs;
EXPRESSING their full commitment to promote sustainable development in all its dimensions, including environmental protection and effective cooperation to combat climate change and effective implementation of the United Nations Framework Convention on Climate Change (UNFCCC), adopted in Rio de Janeiro on 9 May 1992, and the Paris Agreement, adopted in Paris on 12 December 2015, as well as to the effective promotion and implementation of internationally recognised social and labour standards;
ENSURING in this regard that no one is left behind;
UNDERLINING the importance of deepening relations and cooperation in areas such as migration;
CONFIRMING their desire to enhance, in full concord with activities undertaken in regional frameworks, the cooperation between both Parties, based on shared values and mutual benefit;
RECOGNISING the importance attached by the Parties to the principles and rules which govern international trade as contained in particular in the Marrakesh Agreement Establishing the World Trade Organization (WTO Agreement), done in Marrakesh on 15 April 1994, and to the need to apply them in a transparent and non-discriminatory manner;
NOTING that, if the Parties decided, within the framework of this Agreement, to enter into specific agreements in the area of freedom, security and justice which were to 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 specific agreements would not bind Ireland unless the EU, simultaneously with Ireland as regards its previous bilateral relations, notifies Thailand 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. General Principles
1. Respect for democratic principles, and for human rights and fundamental freedoms, as laid down in the Universal Declaration of Human Rights and in other relevant international human rights instruments, as well as 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 commitment to promoting sustainable development in all its dimensions, to cooperating in addressing challenges of climate change and globalisation, and to contributing to the 2030 Agenda for Sustainable Development.
3. The Parties reaffirm their commitment to the Paris Declaration on Aid Effectiveness, adopted in 2005, and agree to strengthen cooperation with a view to further improving development performance.
4. The Parties reaffirm their attachment to the principles of good governance and to the fight against corruption at all levels, notably taking into account their international obligations.
5. The Parties agree that cooperation activities under this Agreement shall take into account their respective needs and capacities.
Article 2. Aims of Cooperation
In light of their well-established partnership, the Parties agree on a forward-looking relationship with a more structured and strategic perspective, shared values and issues of mutual interest, and undertake to hold a comprehensive dialogue and promote further cooperation between them in all sectors of common interest. Their efforts will in particular be aimed at:
(a) nurturing cooperation, on a bilateral and multilateral basis, in all relevant regional and international fora and organisations involved in matters covered by this Agreement;
(b) establishing cooperation on countering the proliferation of WMD;
(c) establishing a dialogue on serious crimes of international concern;
(d) establishing cooperation on preventing and combatting terrorism and transnational crimes;
(e) securing the conditions for and promoting the increase and development of trade and investment between the Parties to their mutual advantage while ensuring respect of the WTO principles and rules and in a manner that is supportive of the objective of sustainable development and that promotes sustainable supply chains and responsible business practices;
(f) establishing cooperation in all trade- and investment-related areas of mutual interest, in order to promote the implementation of the WTO principles and rules, to facilitate sustainable trade and investment flows and to prevent and remove obstacles to trade and investment, in a manner which is consistent with, complementary to, as well as contributing to ongoing and future EU-ASEAN initiatives and to sustainable development;
(g) establishing cooperation in the area of freedom, security and justice, including the rule of law and judicial and legal cooperation, protection of personal data, migration, the fight against money laundering, organised crime and illicit drugs;
(h) establishing cooperation in all other sectors of mutual interest, notably macroeconomic policy and financial institutions, development planning, good governance in the area of taxation, combatting corruption, corporate social responsibility, industrial policy and micro, small and medium sized enterprise (MSME), information society, science, technology and innovation, low-carbon, circular and green economy, bioeconomy, climate change, energy, transport, research and development, education and training, culture, tourism, human rights, gender equality, environment and natural resources, agriculture and rural development, health, statistics, knowledge-based society, food safety, phytosanitary and veterinary issues, employment and social affairs;
(i) enhancing participation of the Parties in sub-regional, regional and trilateral cooperation programmes open to the participation of the other Party;
(j) enhancing the roles and profiles of the Parties in each other’s regions through various means, including cultural exchanges, use of information and communication technology (ICT) and education;
(k) promoting people-to-people understanding through cooperation between various non-governmental entities such as think-tanks, academics, civil society and the media, in the form of seminars, conferences, youth interaction, cyberspace exercises, trainings, exchanges and other activities.
Article 3. Weapons of Mass Destruction
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 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 within the framework of the UN, including UNSC resolutions. 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 and to promoting the implementation of international instruments on disarmament by:
(a) taking steps to become party to and fully implement all other relevant international instruments;
(b) in accordance with their respective international obligations, enhancing the effectiveness of national export controls and controlling the export and transit of WMD-related goods, including WMD end-use control on dual-use technologies as appropriate, with effective means of legal or administrative enforcement, including effective penalties and preventive measures for breaches of export controls, including, in particular, through cooperation and capacity-building;
(c) promoting the full and effective implementation of the Treaty on the Non-Proliferation of Nuclear Weapons (NPT), signed in London, Moscow and Washington, D.C. on 1 July 1968, as the cornerstone of the global nuclear non-proliferation and disarmament regime, and an important element in the development of nuclear energy applications for peaceful purposes, of the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction (BTWC), signed in London, Moscow and Washington, D.C. on 10 April 1972, and of the Convention on the Prohibition of the Development, Production and Stockpiling of Chemical Weapons and on their Destruction (CWC), signed in Paris and New York on 13 January 1993.
3. The Parties agree to establish a regular dialogue that will accompany and consolidate the elements referred to in points (a) to (c) of paragraph 2. Such dialogue may take place on a regional basis.
Article 4. Small Arms and Light Weapons and other Conventional Weapons
1. The Parties recognise that the illicit manufacture, transfer and circulation of small arms and light weapons, including their ammunition, as well as the excessive accumulation, insufficient stockpile management and security and the uncontrolled spread of small arms and light weapons, which have a wide range of humanitarian and socioeconomic consequences, continue to pose a serious threat to peace and international security, as well as to sustainable development at the individual, local, national, regional and international levels.
2. The Parties agree to 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 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 by the UNGA on 20 July 2001.
3. The Parties recognise the importance of domestic control systems for the transfer of conventional arms in line with their international obligations and the object and purpose of the Arms Trade Treaty, adopted by UNGA Resolution No 67/234B of 2 April 2013. 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. The Parties agree to strengthen their dialogue and cooperation in the area of export control.
4. The Parties agree to enhance their cooperation and seek coordination, complementarity and synergy in their efforts related to the prevention and eradication of illicit trade in small arms and light weapons, and to conventional arms transfers and national import and export control systems of conventional arms.
Article 5. Serious Crimes of International Concern
The Parties reaffirm that the most serious crimes of concern to the international community as a whole should not go unpunished and that their prosecution should be ensured by taking measures at national or international level as appropriate and by enhancing international cooperation in accordance with their respective laws and regulations.
Article 6. Cooperation In Preventing and Combatting Terrorism
1. The Parties reaffirm the importance of the fight against terrorism in full respect for the rule of law, international law, in particular the Charter of the United Nations, signed in San Francisco on 26 June 1945, and relevant UNSC resolutions, human rights law, and international humanitarian law. Within this framework and taking into account the UN Global Counter-Terrorism Strategy contained in UNGA Resolution No 60/288 of 8 September 2006, as later revised, as well as the ASEAN-EU Joint Declaration on Cooperation to Combat Terrorism, adopted on 28 January 2003, the Parties agree to cooperate in the prevention and suppression of terrorism in all its forms and manifestations.
2. The Parties shall do so in particular:
(a) in the framework of the full implementation of UNSC Resolutions 1267 (1999), 1373 (2001), 1822 (2008), 2242 (2015), 2396 (2017) and 2462 (2019), and other relevant UN resolutions, international conventions and instruments;
(b) by exchanging information on terrorist groups and individuals and on their support networks in accordance with international law and their respective laws and regulations;
(c) by cooperating on means, including equipment, and methods used to counter terrorism, including in technical fields and training, and by sharing experiences in respect of terrorism prevention and recruitment;
(d) by cooperating so as to deepen the international consensus on the fight against terrorism and terrorism financing as well as against the misuse of information technology for terrorist purposes, and by working towards an agreement on the Comprehensive Convention on International Terrorism, so as to complement the existing UN and other applicable international counter-terrorism instruments;
(e) by sharing best practices in the area of protection of human rights in the fight against terrorism.
Title II. BILATERAL, REGIONAL AND INTERNATIONAL COOPERATION
Article 7. Cooperation In Regional and International Organisations
1. The Parties undertake to cooperate and exchange views in regional and international fora and organisations, in particular within the UN and its specialised organisations and agencies, including but not limited to the International Labour Organization (ILO), ASEAN-EU Dialogue Relations, in particular in the context of the ASEAN-EU Strategic Partnership, ASEAN Regional Forum (ARF), and Asia-Europe Meeting (ASEM).
2. The Parties undertake to cooperate and exchange views on economic and other related matters in regional and international fora and organisations including, inter alia, the ASEM, the UN Conference on Trade and Development, the WTO and the World Intellectual Property Organization.
Article 8. Bilateral and Regional Cooperation
1. For each sector of dialogue and cooperation under this Agreement, and while giving due emphasis to matters under bilateral cooperation, the Parties will agree to carry out the related activities at bilateral or regional level or through a combination of both frameworks. In choosing the appropriate framework, the Parties will seek to maximise the impact on and reinforce the involvement of all interested parties, while making the best possible use of available resources, taking into account the political and institutional feasibility, and ensuring coherence with other activities involving the EU and ASEAN Member States.
2. The Parties may, as appropriate, decide to extend financial support to cooperation activities in the areas covered by this Agreement or in relation to it, in accordance with their respective financial procedures and resources. This cooperation may in particular include the organisation of training schemes, workshops and seminars, exchanges of experts, studies, and other actions agreed by the Parties.
Title III. COOPERATION ON TRADE AND INVESTMENT ISSUES
Article 9. General Principles
1. The Parties shall engage in a dialogue on bilateral and multilateral trade and trade-related issues with a view to strengthening bilateral trade relations and advancing the multilateral trade system, in a manner that is supportive of the objective of sustainable development.
2. The Parties undertake to promote the development and diversification of their reciprocal commercial exchanges to the highest possible level and to their mutual benefit, in accordance with the WTO principles and rules. The Parties undertake to achieve improved market access conditions by taking measures to improve transparency, having regard to the work carried out by international organisations in that field.
3. The Parties shall keep each other informed of the development of trade and trade-related policies or other related issues, such as agricultural policy, food safety, non-tariff measures, consumer policy and environmental policy, including waste management.
4. The Parties shall encourage dialogue and cooperation to develop their trade and investment relations, including the resolution of, among other issues, commercial problems in the areas referred to in Articles 10 to 19 of this Agreement.
Article 10. Sanitary and Phytosanitary Issues
1. The Parties shall cooperate on food safety and on Sanitary and Phytosanitary (SPS) issues to protect human, animal or plant life or health in the territory of the Parties.
2. The Parties shall discuss and exchange information on their 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, including standards of 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 undertake capacity-building cooperation on SPS matters. Such capacity-building shall be specific to the needs of each Party and be conducted with the aim of assisting such Party in complying with the other Party’s legal framework.
4. The Parties shall establish a timely dialogue on SPS issues at the request of either Party to consider matters relating to SPS and other urgent SPS-related issues.
5. The Parties shall designate contact points for communication on matters under this Article.
6. The Parties accord a high level of importance to the cooperation in the field of SPS.
Article 11. Sustainable Food Systems
1. The Parties shall cooperate in promoting the global transition towards sustainable food systems.
2. The Parties shall promote dialogue, capacity-building activities and close cooperation on issues of mutual interest to promote sustainable food systems in line with the UN SDGs. Such issues include, inter alia:
(a) the reduction of the environmental and climate impact of food systems;
(b) sustainable agriculture and food systems along all the steps of the food chain, including agroecology, organic production, reduction in the use and risk of pesticides, animal welfare and antimicrobial resistance;
(c) the reduction of food losses and food waste throughout the entire food chain;
(d) the fight against food fraud.
3. The Parties shall designate contact points for communication on matters under this Article.
4. The Parties accord a high level of importance to cooperation in the field of sustainable food systems.
Article 12. Technical Barriers to Trade
1. The Parties shall promote the use of international standards and international accreditation schemes, and shall exchange information on standards, technical regulations and conformity assessment procedures, including within the framework of the WTO Agreement on Technical Barriers to Trade (TBT), which entered into force with the establishment of the WTO on 1 January 1995.
2. The Parties shall strengthen their cooperation in the field of standards, technical regulations and conformity assessment procedures, including technical capacity-building and cooperation with a view to complying with TBT measures.
3. The Parties shall designate a contact point to coordinate the exchange of information and cooperation in accordance with this Article as well as to facilitate efforts in regulatory cooperation between the Parties.
Article 13. Customs Cooperation and Trade Facilitation
1. The Parties shall share experiences and examine possibilities to simplify import, export and other customs procedures, increase transparency of trade regulations and develop customs cooperation, including effective mutual administrative assistance mechanisms. The Parties shall cooperate with a view to facilitating the implementation of the WTO Agreement on Trade Facilitation, which entered into force on 22 February 2017. The Parties will pay special attention to increasing the security dimension of international trade, including transport services, and to ensuring a balanced approach between trade facilitation, efficient controls and the fight against customs-related fraud and irregularities.
2. Without prejudice to other forms of cooperation provided for under this Agreement, the Parties state their interest in considering, in the future, the conclusion of a protocol on customs cooperation, including mutual assistance, within the institutional framework laid down by this Agreement.
Article 14. Anti-Dumping
1. The Parties reaffirm their rights and obligations under Article VI of the General Agreement on Tariffs and Trade (GATT) 1994 and the WTO Agreement on Implementation of Article VI of GATT 1994, in particular Article 15 thereof.
2. The Parties accord a high level of importance to cooperation in the field of anti-dumping.
Article 15. Investment
The Parties shall encourage a greater flow of investment through the development of an attractive and favourable environment for reciprocal investment through a consistent dialogue aimed at enhancing understanding and cooperation on investment issues, exploring administrative mechanisms to facilitate investment flows, and promoting transparency, openness and non-discrimination for investors in accordance with their respective laws and regulations.
Article 16. Competition Policy
1. The Parties shall promote the effective establishment and application of competition rules and the dissemination of information in order to foster transparency and legal certainty for enterprises operating in each other’s markets, in accordance with their respective laws and regulations.
2. Both Parties endeavour to cooperate in mutually agreed areas to enhance the mutual understanding of each other’s competition laws and policies.
Article 17. 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, promoting access to sources of capital and technology and promoting trade in services between both regions and in the markets of third countries.
Article 18. Intellectual Property Rights
1. The Parties shall exchange information and share experiences on issues such as the practice, promotion, dissemination, streamlining, management, protection and effective application of intellectual property rights (IPR), the prevention of abuses of such rights and the fight against counterfeiting and piracy, in particular through customs cooperation and other appropriate forms of cooperation and strengthening of the protection of such rights as agreed by the Parties. In accordance with their respective laws and regulations and in conformity with relevant international agreements to which the Parties are party, the Parties will cooperate in particular on the enforcement of IPR and the protection of patents, geographical indications, trademarks, copyrights and industrial design as well as the protection of plant varieties.