2. The Parties shall provide technical assistance to each other in the field of IPR, and assist each other in improving intellectual property protection, enforcement, utilisation and commercialisation based upon the European experience, and enhancing the dissemination of knowledge thereof.
3. The Parties recognise the importance of and reaffirm their commitment to the Doha Declaration on the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and Public Health, adopted in Doha on 14 November 2001. The Parties shall respect and contribute to the implementation of the Decision of the WTO General Council of 30 August 2003 on Paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public Health, as well as the Protocol amending the TRIPS Agreement, adopted in Geneva on 6 December 2005.
Article 19. Digital Trade
1. The Parties shall exchange information on regulatory matters in the context of digital trade in accordance with their respective laws and regulations, which shall address the following:
(a) the recognition and facilitation of interoperable electronic trust and authentication services;
(b) the treatment of direct marketing communications;
(c) the protection of consumers;
(d) other matters relevant for the development of digital trade.
2. Recognising the global nature of digital trade, the Parties affirm the importance of actively participating in multilateral fora to promote the development of digital trade.
Title IV. COOPERATION IN THE AREA OF FREEDOM, SECURITY AND JUSTICE
Article 20. Rule of Law
1. In their cooperation under this Title, the Parties shall attach particular importance to the promotion of the rule of law and ensuring equal access to justice for all. To their mutual benefit, the Parties will cooperate fully on the effective functioning of institutions in the areas of law enforcement and the administration of justice.
2. Cooperation between the Parties will also include an exchange of information concerning legal systems and legislation.
Article 21. Gender Equality and Empowerment of Women and Girls
1. The Parties acknowledge the necessity of gender equality and the empowerment of all women and girls as a goal in its own right as well as a driver for democracy, sustainable and inclusive development, peace and security.
2. The Parties shall cooperate to promote gender equality, the full enjoyment of all human rights by women and girls and their empowerment, as well as ensure the mainstreaming of gender perspectives in the implementation of this Agreement.
3. The Parties shall exchange good practices and explore further schemes of cooperation and potential synergies between the Parties’ respective gender-related policies and programmes, in accordance with international standards and commitments applicable to the Parties, such as the Convention on the Elimination of All Forms of Discrimination against Women, adopted by the UNGA on 18 December 1979, the Beijing Declaration and Platform for Action, adopted at the 4th World Conference on Women in Beijing on 15 September 1995, the Programme of Action of the International Conference on Population and Development and the outcome of its review conferences, the 2030 Agenda for Sustainable Development and UNSC Resolution 1325 (2000), and its subsequent resolutions on women, peace and security.
Article 22. Protection of Personal Data and Privacy
1. The Parties agree to cooperate in order to attain a high level of protection of personal data and privacy and its effective enforcement, in line with their obligations under international human rights law and other international legal instruments in this area, thus working towards facilitating the flow of personal data between the Parties as a key element for further developing commercial exchanges and cooperation on law enforcement in compliance with the respective laws and regulations of the Parties.
2. Cooperation on the protection of personal data and privacy includes, inter alia, technical and legal assistance in the form of exchange of information and best practices, training and expertise, as well as promoting enforcement cooperation by the respective supervisory authorities of the Parties, including in multilateral fora.
Article 23. Judicial and Legal Cooperation
1. The Parties shall enhance existing cooperation on mutual legal assistance and extradition based on relevant international agreements that are binding on them. The Parties shall, as appropriate, strengthen existing mechanisms and consider the development of new mechanisms to facilitate international cooperation in this area, notably through closer engagement with other relevant international legal cooperation networks.
2. The Parties endeavour to develop judicial cooperation in civil and commercial matters, in particular, as regards the implementation of their obligations under multilateral conventions on civil judicial cooperation, including the Conventions of the Hague Conference on Private International Law.
3. The Parties shall cooperate to promote the secure and efficient transmission of relevant judicial documents, and taking of evidence and hearings by video conference, as appropriate, as well as the protection of personal data, for the purpose of international judicial cooperation.
Article 24. Consular Protection
The Parties agree to hold regular exchanges with a view to further facilitating the provision of consular protection and to coordinate efforts regarding consular assistance, in particular in times of crisis.
Article 25. Cooperation on Migration
1. The Parties reaffirm the importance of a comprehensive engagement on all issues related to migration, including legal migration in line with EU and national competences, management of migratory flows with regard to illegal migration, root causes of illegal migration, international protection and the prevention of and fight against illegal migration, smuggling and trafficking in human beings.
2. The Parties shall cooperate, on a mutually acceptable basis and in a holistic way, in accordance with their respective international obligations as well as their respective laws and regulations in force. Cooperation will focus, inter alia, on:
(a) addressing the root causes of illegal migration;
(b) the development of rules and practices aimed at providing international protection for those in need in accordance with international law, while ensuring the respect for the principles of non-refoulement, humanity, international solidarity and cooperation and burden- and responsibility-sharing;
(c) the rules of admission, as well as the rights and status of persons admitted according to those rules, fair treatment of lawfully residing non-nationals, education and training, measures against racism and xenophobia;
(d) the establishment of an effective and preventive policy against illegal migration, the smuggling of migrants and trafficking in human beings in line with the United Nations Convention Against Transnational Organized Crime (UNTOC), adopted by UNGA Resolution No 55/25 of 15 November 2000 and its Protocols that have entered into force for the Parties, including ways to combat networks of smugglers, disrupt criminal networks involved in trafficking in human beings and protect the victims of such trafficking;
(e) the return, preferably voluntary, under safe, humane and dignified conditions of persons residing illegally, including the promotion of their voluntary and sustainable return, and the readmission of such persons in accordance with paragraph 3 of this Article;
(f) issues identified as being of mutual interest in the field of visas and security of travel documents;
(g) 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 migration and without prejudice to the need for protection of victims of trafficking in human beings, the Parties further agree that:
(a) Thailand 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, upon request by the latter, without further formalities and without undue delay;
(b) each Member State 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 Thailand, upon request by the latter, without further formalities and without undue delay;
(c) the Member States and Thailand shall issue travel documents for such purposes. Where no documents or other proof of nationality are presented, the competent diplomatic and consular representations of the Member State concerned or Thailand shall, upon request of Thailand or the Member State concerned, cooperate fully in order to establish proof of nationality without delay.
4. As part of the consultations on migration issues, the Parties agree to initiate a dialogue on readmission, which, upon request by either Party, may lead, if conditions allow, to the conclusion of an agreement on readmission, including the use of the travel document of the EU (1). The Parties may also consider initiating a dialogue on facilitating the movement of persons, which, upon request by either Party, may lead, if conditions allow, to the conclusion of an agreement on visa facilitation for citizens of the Member States and Thailand.
Article 26. Humanitarian Cooperation
The Parties endeavour to cooperate further on all issues concerning humanitarian cooperation and assistance, including on displaced persons and capacity-building support for officials dealing with displaced persons in their respective regions. The Parties shall cooperate on a mutually acceptable and case-by-case basis, in accordance with the respective international standards applicable to the Parties and the humanitarian principles of humanity, impartiality, independence and neutrality. Such efforts must continue to take into consideration a comprehensive view and understanding of the root causes of displacement and the search for sustainable solutions. The Parties commit to strengthening the humanitarian-development nexus.
Article 27. Combatting Organised Crime and Corruption
The Parties agree to cooperate in combatting transnational organised crime, economic and financial crime, serious crime (2) and corruption, and the fight against child sexual abuse. Such cooperation aims in particular at implementing and promoting relevant international standards and legal instruments to which the Parties are party, such as the UNTOC and its supplementing Protocols and the UN Convention against Corruption, adopted by UNGA Resolution No 58/4 of 31 October 2003.
Article 28. Cooperation In Preventing and Combatting Money Laundering and the Financing of Terrorism
1. The Parties agree on the need to work towards and to cooperate on, in accordance with their respective laws and regulations, effectively preventing and combatting the abuse of their financial systems for the purposes of money laundering and the financing of terrorism.
2. The Parties agree to cooperate in developing and implementing laws, rules and regulations to combat money laundering and the financing of terrorism, in line with the standards developed by international bodies active in that area, such as the Financial Action Task Force.
3. Cooperation under this Article shall also aim to promote exchanges of relevant information in accordance with their respective laws and regulations.
Article 29. Cooperation In the Field of Drugs Policy
1. The Parties shall cooperate, in accordance with their respective laws and regulations, to ensure a comprehensive, evidence-based, balanced and integrated approach through effective cooperation and coordination between the competent authorities, including those in the health, justice and interior sectors and other relevant sectors, with the aim of reducing the supply and trafficking of, and demand for, illicit drugs as well as the impact of such drugs on drug users and society at large, and to achieve a more effective prevention policy on drugs and to prevent the diversion of precursors, including "designer precursors", used for the illicit manufacture of narcotic drugs and psychotropic substances and new psychoactive substances.
2. The Parties shall agree on means of cooperation to attain the aims referred to in paragraph 1. Actions shall be based on commonly agreed principles set out in UN drug control conventions and all international drug control commitments of the respective Parties.
3. Cooperation in the field of drugs policy between the Parties shall comprise, inter alia, technical and administrative assistance, training of personnel, drug-related research, exchange of information and sharing of experiences on using information technology in the areas of drug control, as well as on innovative approaches to drugs policy, judicial and law enforcement cooperation, and the prevention of diversion of precursors, including "designer precursors", used for the illicit manufacture of narcotic drugs and psychotropic substances and new psychoactive substances. The Parties may agree to include other areas, such as the exchange of best practices or information on prevention, treatment, rehabilitation, reduction of harm and monitoring of drug addiction, medicines for drug substitution, as well as additional measures to enhance cooperation in drug precursors control, forensic science, drug-related financial investigation and alternative development.
Title V. COOPERATION IN OTHER SECTORS
Article 30. Human Rights
1. The Parties agree to cooperate in the promotion and protection of human rights, based on the principle of mutual consent and respect. The Parties shall foster a regular meaningful, broad-based human rights dialogue.
2. Cooperation in the field of human rights may include, inter alia:
(a) capacity-building on implementing international human rights instruments applicable to the Parties and on strengthening the implementation of action plans related to human rights;
(b) promoting dialogue and exchanges of contacts and information on human rights;
(c) strengthening of constructive cooperation between the Parties within the UN human rights bodies.
3. The Parties shall cooperate on the strengthening of democratic principles, the rule of law and good governance. Such cooperation may include:
(a) strengthening cooperation between national and regional institutions competent in human rights, rule of law and good governance;
(b) collaborating and coordinating to reinforce democratic principles, human rights and the rule of law, including equality before the law, the access of people to effective legal aid and the right to a fair trial, due process and access to justice, in accordance with their obligations under international human rights law.
Article 31. Cooperation In the Financial Sector
The Parties agree to foster, according to their needs and within the framework of their respective programmes, laws and regulations, cooperation between financial institutions.
Article 32. Macroeconomic Policy Dialogue
The Parties agree to strengthen the dialogue between their authorities and cooperate on the sharing of experiences on macroeconomic policies, particularly in areas of economic integration.
Article 33. Good Governance In the Area of Taxation
With a view to strengthening and developing economic activities while taking into account the need to develop an appropriate regulatory framework, the Parties recognise and commit to implement the principles of good governance in the area of taxation, including global standards on tax transparency and the exchange of information, fair taxation and the minimum standards against base erosion and profit shifting. The Parties will promote good governance in taxation matters, improve international cooperation in the area of taxation, develop measures for the effective implementation of those principles and facilitate the collection of tax revenues for the purposes of prevention of tax evasion and avoidance.
Article 34. Industrial Policy and MSME Cooperation
The Parties, taking into account their respective economic policies and objectives, agree to promote industrial policy cooperation that supports inclusive, sustainable and development-oriented productive activities, decent job creation, entrepreneurship, creativity and innovation as well as supply chain resilience and access to finance in all fields deemed suitable, with a view to improving the formalisation and access to international markets, competitiveness and growth of MSMEs, inter alia, through:
(a) exchanging information and sharing of experiences in creating framework conditions for improving the competitiveness of MSMEs;
(b) promoting contacts between economic operators, encouraging joint investments and establishing joint ventures and information networks notably through existing EU horizontal programmes, in particular stimulating transfers of soft and hard technology between partners;
(c) providing information and stimulating innovation and exchanging good practices on access to finance and the market;
(d) supporting capacity-building for MSMEs so as to enable their smoother integration into the global economy and supply chains;
(e) facilitating and supporting the activities established by MSMEs of the Parties;
(f) promoting corporate social responsibility and accountability and encouraging responsible business practices, including sustainable consumption and production.
Article 35. Facilitating Business Cooperation
The Parties shall facilitate and support the relevant cooperation activities established by their private sectors.
Article 36. Cooperation on Information and Communication Technologies
1. Recognising that information and communication technologies (ICT) are key elements of modern life and of vital importance to economic and social development, the Parties agree to exchange views on their respective policies in this field to promote economic and social development and human rights and fundamental freedoms.
2. Cooperation in this area shall focus, inter alia, on:
(a) participation in different regional dialogues on the different aspects of the information society, in particular electronic communications policies and regulation, including universal service, licensing and general authorisations, protection of personal data, and the independence and efficiency of regulatory authorities;
(b) the interconnection and interoperability of the Parties’ and Southeast Asian research networks and services;
(c) standardisation and dissemination of new ICT;
(d) the promotion of research cooperation between the Parties in the area of ICT;
(e) joint research projects in the area of ICT, in particular through EU research framework programmes, including cooperation between the Parties in particular in the areas of e-government, mobile applications, animation and multimedia;
(f) the security issues and/or aspects of ICT, including the promotion of online safety, combatting cybercrime, disinformation and misuse of information technology and all forms of electronic media.
3. Subject to the Parties’ respective laws and regulations, business-to-business cooperation shall be encouraged.
4. The Parties shall cooperate on cybersecurity through the exchange of information on strategies, policies and best practices in compliance with their laws and regulations and international obligations.
5. The Parties shall promote the exchange of information on cybersecurity in the fields of education and training, awareness-raising initiatives, the use of their respective standards and technical specifications for the purposes of cybersecurity risk management and the cybersecurity of ICT products and services, including cybersecurity certification, as well as related research and development policies.
Article 37. Science, Technology and Innovation Cooperation
1. The Parties agree to cooperate in all fields of science, technology and innovation in areas of mutual interest, taking account of their respective policies. That cooperation will strengthen the support to multilateral and regional research and innovation initiatives to deliver new solutions to green, digital, health, social and innovation challenges. Joint actions will particularly be needed to prevent future global health crises, especially emerging infectious diseases, and for a joint commitment to build a healthier, safer, fairer and more sustainable world. Areas of cooperation may cover, inter alia, finding solutions to global challenges such as climate change, the biodiversity crisis, pollution, resource depletion or infectious diseases, including in crisis situations, and solutions enabling the green and digital transitions. Initiatives should show global leadership on climate and environmental ambitions.
2. The aims of cooperation in the field of science, technology and innovation shall be to:
(a) promote continuity of science, technology and innovation programmes and support economic development, a knowledge-based society, quality of life and sustainable environment;
(b) encourage exchanges of information and know-how on science, technology and innovation, especially on the implementation of policies and programmes;
(c) promote enduring relations between the scientific communities, research centres, universities and industries of the Parties;
(d) promote human resources development;
(e) promote joint research in scientific and technological cooperation and promote the equitable access to, the partnership in, and joint ownership of the research results in accordance with IPR rules, as well as shared values and principles and agreed framework conditions.
3. Cooperation in the field of science, technology and innovation shall take the form of joint research projects and exchanges, meetings and training of scientists through international mobility schemes, providing for the maximum dissemination of research results. Any intellectual property resulting from joint research and activities shall be shared on mutually agreed terms.
4. In cooperating in the field of science, technology and innovation, the Parties shall favour the participation of their respective governmental agencies, higher education institutions, research centres and productive sectors, in particular MSMEs.
5. The Parties agree to make all efforts to increase public awareness about possibilities offered by their science, technology and innovation cooperation programmes.
Article 38. Climate Change
1. The Parties consider that climate change represents an existential threat to humanity and reaffirm their commitment to strengthening the global response to that threat. The Parties reaffirm their commitment to achieve the objectives and goals of the UNFCCC and the Paris Agreement. Accordingly, each Party shall effectively implement the UNFCCC and the Paris Agreement.
2. The Parties aim to strengthen the global response to climate change and its impact. The Parties shall also enhance cooperation on policies to help mitigate climate change and to adapt to the adverse impacts of climate change, including sea-level rise, and to set their economies, including financial flows, towards low greenhouse gas emissions and climate-resilient development, in accordance with the Paris Agreement.
3. The aims of cooperation in the field of climate change shall be to:
(a) enhance the capacity and ability to address climate change challenges, based on and responsive to national needs;
(b) enhance capacity-building in the implementation of nationally determined contributions and national adaptation plans and other mitigation measures in areas of mutual interest to support sustainable and low-carbon growth;
(c) promote cooperation and dialogue on climate finance and on the development of financial mechanisms to address climate change, including the involvement of the private sector;
(d) adapt to the adverse impact of climate change, including the integration of adaptation measures into the development strategies and planning of the Parties at all levels;
(e) promote cooperation on research and development activities and mitigation and adaptation technologies;
(f) promote awareness-raising, including for the most vulnerable populations and those living in vulnerable areas, facilitate public participation in response to climate change, and integrate an analysis on the gender implications of climate change in this regard;
(g) promote cooperation and dialogue on the development of economic instruments to address climate change, such as carbon pricing and other instruments as appropriate;
(h) promote the development of disaster risk reduction and management strategies, including for vulnerable areas and communities.
Article 39. Energy
1. The Parties endeavour to enhance cooperation in the energy sector with a view to:
(a) ensuring universal access to affordable, reliable and sustainable energy services and substantially increasing the share of renewable energy in the global energy mix;
(b) developing new, sustainable, innovative and renewable forms of energy, including biofuels and biomass, wind, solar and geothermal energy as well as hydro power generation, while noting the importance of the diversification of energy supplies to strengthen energy security;
(c) supporting the development of policies to render renewable energy more competitive;
(d) achieving the rational use of energy and improving energy efficiency from both supply and demand sides by promoting energy efficiency in energy production, transportation, distribution and end use;
(e) fostering cooperation in clean energy technology, including through research cooperation, in particular on renewable energy, energy storage and the decarbonisation of fossil-fuel use;
(f) promoting low-carbon power generation that contributes to a clean energy transition in line with the objectives of the Paris Agreement;
(g) enhancing capacity-building and promoting investment in energy infrastructures and clean energy technologies taking into account the principle of transparency;
(h) promoting competition and a favourable investment climate in the energy market.
2. To these ends, the Parties agree to promote contacts and joint research to their mutual benefit, including through regional energy cooperation. With the 2030 Agenda for Sustainable Development and the Paris Agreement as the overarching framework guiding the partnership, the Parties note the need to address the links between affordable access to clean energy services and sustainable development. Those activities can be promoted, inter alia, in cooperation with the EU Energy Initiative.
Article 40. Transport
1. The Parties endeavour to cooperate in relevant areas of transport policy with a view to promoting sustainable transport as well as quality, reliable, sustainable and resilient infrastructure, including regional and cross-border infrastructure, in line with relevant international standards and principles which are applicable to both Parties, improving the movement of goods and passengers, supporting economic development and human well-being, with a focus on affordable and equitable access for all, promoting maritime and aviation safety and security, promoting environmental protection, and increasing the efficiency of their transport systems.
2. Cooperation between the Parties in the area of transport shall aim to promote:
(a) the exchange of information on their respective transport policies and practices, especially regarding safe, affordable, accessible and sustainable urban and public transport systems for all, with special attention to the needs of those in vulnerable situations (including women, children, persons with disabilities and older persons), land transport, maritime transport, air transport, transport logistics and the interconnection and interoperability of multimodal transport networks;
(b) the civilian use of global navigation satellite systems with a focus on regulatory, industrial and market development issues of mutual benefit; in this regard, consideration will be given to the utilisation of the European global satellite navigation system to maximise the benefits for both Parties;
(c) a dialogue aimed at enhancing aviation safety, air transport infrastructure networks and operations for fast, efficient, sustainable, safe and secure movement of people and goods, and at examining possibilities for the further development of relations in the field of air transport; civil aviation cooperation should be further promoted;
(d) a dialogue in the field of maritime transport services in areas of mutual interest aiming in particular at:
(i) facilitating and cooperating on the elimination of all obstacles which might impede the development of maritime trade and improving conditions under which maritime cargo transport operations are carried out between the ports of the Parties;
(ii) providing unrestricted access to international and cross-trades on a commercial basis;
(iii) enhancing the competitiveness of the maritime transport sector of the Parties; and
(iv) granting non-discriminatory treatment to vessels flying the flag of a Member State or Thailand, respectively, or operated by nationals or companies of the other Party as compared to the treatment accorded to its own vessels regarding access to ports, auxiliary services and port services, including the role of maritime transport in developing an efficient transport chain;
(e) the implementation of security, safety and marine pollution prevention standards and reduction, notably as regards maritime transport, in line with the international conventions applicable to the Parties, including cooperation in the appropriate international fora aimed at ensuring better enforcement of international regulations.
Article 41. Tourism
1. Guided by the relevant international guidelines for sustainable tourism, the Parties shall aim to improve the exchange of information and establish best practice in order to ensure a balanced development of sustainable tourism that creates jobs and promotes local culture and products, and promote the development of tools to monitor sustainable development impacts for sustainable tourism.
2. The Parties agree to develop cooperation on safeguarding and maximising the potential of natural and cultural heritage, by mitigating the negative impacts of tourism, in particular the exploitation of human beings, especially children, in any form, by respecting wildlife, flora, biodiversity and ecosystems, and by enhancing the positive contribution of the tourism business to the sustainable development of local communities, inter alia, by developing sustainable tourism, while respecting the integrity and interests of local and traditional communities, and improving training in the tourism industry.
Article 42. Education and Culture
1. The Parties agree to promote education and cultural cooperation that duly respects their diversity, in order to increase mutual understanding and knowledge of their respective cultures and languages.
2. The Parties endeavour to take appropriate measures to promote the contribution of education and culture to sustainable development training and cultural exchanges and to carry out joint initiatives in those areas, including the joint organisation of cultural events. In that regard, the Parties also agree to continue supporting the activities of the Asia-Europe Foundation.
3. The Parties agree to cooperate closely in relevant international fora, such as the United Nations Educational Scientific and Cultural Organization (Unesco), in order to enhance the preservation of tangible and intangible cultural heritage, notably in the context of the Convention concerning the Protection of the World Cultural and Natural Heritage, adopted by the Unesco General Conference on 16 November 1972 and the Convention for the Safeguarding of the Intangible Cultural Heritage, adopted by the Unesco General Conference on 17 October 2003, while attaching significance to the promotion of cultural diversity for the development of the arts and a knowledge-based creative economy.
4. The Parties shall furthermore encourage measures designed to create links between their respective specialist agencies and to encourage exchanges of information, know-how, students, academic staff and experts, and further promote links between think-tanks. In their cooperation and in the use of technical resources, advantage shall be taken of the facilities offered by EU programmes in Southeast Asia in the field of education and culture as well as of the experience that the Parties have acquired in that area. The Parties also agree to intensify higher education cooperation and promote the implementation of the Erasmus+ programme, as well as to exchange best practices in the field of youth policies and youth work.
Article 43. Environment and Natural Resources
1. The Parties agree on the need to cooperate on environment protection and towards low-carbon, resilient, resource-efficient and circular economies, including bioeconomy, decoupling economic growth from environmental degradation, and to conserve and manage, in a sustainable manner, natural resources and to foster biological diversity as a basis for the development of current and future generations.
2. The Parties agree that cooperation on environmental and natural resources shall promote the efficient use of resources, conservation and improvement of the environment in pursuit of sustainable development. In carrying out their cooperation, the Parties will work towards the implementation of the 2030 Agenda for Sustainable Development and the effective implementation of relevant multilateral environmental agreements, including the Paris Agreement.
3. The Parties endeavour to continue and strengthen their cooperation on the protection of the environment, specifically as regards:
(a) the promotion of environmental awareness and good environmental governance including enhanced and meaningful participation of local communities in environmental protection and sustainable development efforts;
