EU - Thailand Framework Agreement on Comprehensive Partnership and Cooperation (2022) - Electronic Database of Investment Treaties (EDIT)

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EU - Thailand Framework Agreement on Comprehensive Partnership and Cooperation (2022)

(b) the transition to a circular economy to ensure sustainable consumption and production, to maximise resource efficiency and minimise the generation of waste, particularly plastic waste, and to prevent marine plastics and micro-plastics pollution;

(c) the integration of ecosystem and biodiversity values into national and local planning, poverty reduction strategies and accounts, and promote the implementation of relevant multilateral environmental agreements, including on biodiversity and international wildlife trade;

(d) the protection, conservation and restoration of land and soils and sustainable land management to achieve a land degradation neutral world;

(e) cooperation towards sustainable forest management and improving forest governance, including contributions to regional cooperation in combatting illegal logging and its associated trade, deforestation and forest degradation, including through promoting deforestation-free supply chains in agricultural commodities, promoting conservation, afforestation, reforestation, restauration and enhancement of forest carbon stocks; this may include the conclusion of a Forest Law Enforcement, Governance and Trade Voluntary Partnership Agreement;

(f) the effective management of national parks and the designation and protection of areas of rich biodiversity and fragile ecosystems, with due regard for local communities living in or near those areas and for threatened and endangered species;

(g) the protection and sustainable management of coastal and marine resources, including marine protected areas and environment;

(h) the prevention of illegal transboundary movement of chemicals, solid and electronic waste, marine debris, ozone-depleting substances, and threatened and endangered species, and the prevention of water, soil, air and noise pollution;

(i) ensuring inclusive, resilient and environmentally sound chemicals and waste management;

(j) the promotion of cooperation on sustainable management of water and sanitation to ensure water availability, quality and efficiency;

(k) the promotion of eco-innovation and clean technologies, to promote and deploy environmental technologies, sustainable products and services, including through appropriate fiscal and financial incentives;

(l) the promotion of the utilisation of Earth observation systems for environmental issues, as well as related capacity-building and experience-sharing.

Article 44. Ocean Governance

1. The Parties shall strengthen dialogue and cooperation on issues of ocean governance with a view to promoting long-term conservation and sustainable management of marine living resources and marine ecosystems.

2. The Parties shall enhance cooperation on the conservation, management and sustainable exploitation of marine living resources as defined in the UN Convention on the Law of the Sea (UNCLOS), adopted by the Third Conference on the Law of the Sea on 10 December 1982, and the Food and Agricultural Organisation (FAO) Code of Conduct for Responsible Fisheries, adopted by FAO Conference Resolution No 4/95 of 31 October 1995. The Parties undertake to cooperate in promoting the implementation of the objectives of the FAO Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas, adopted in Rome on 24 November 1993, and the UN Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks, adopted in New York on 4 August 1995.

3. The Parties furthermore agree to cooperate:

(a) in promoting the implementation of the FAO Agreement on Port State Measures to prevent, deter and eliminate illegal, unreported and unregulated fishing, adopted in Rome on 22 November 2009;

(b) with and within the Regional Fisheries Management Organisations or Arrangements to which they are members, observers, or cooperating non-contracting parties, with the aim of promoting the conservation and sustainable management of marine living resources and their ecosystems;

(c) on the fight against illegal, unreported and unregulated (IUU) fishing and fishing-related activities with comprehensive, effective and transparent measures, including by sharing experiences, promoting capacity-building and exchanging information on IUU fishing activities, where appropriate, taking into account data confidentiality and national laws;

(d) in promoting the fundamental principles and rights at work in the fishing and seafood sector and in the implementation of the ILO Work in Fishing Convention No 188, adopted in Geneva on 30 May 2007;

(e) on the development of sustainable and responsible marine aquaculture, including on the implementation of the objectives and principles of the FAO Code of Conduct for Responsible Fisheries;

(f) on the reduction of the pressures on the oceans, inter alia, through the fight against marine litter and pollution, including from land-based and ship-based sources as well as maritime human activities under international obligations applicable to the Parties, and through adaptation and mitigation measures to enhance the resilience of the oceans and coastal communities to climate change.

Article 45. Agriculture, Livestock, Fisheries and Rural Development

1. The Parties agree to promote dialogue in relation to agriculture, livestock, fisheries and rural development. The Parties will exchange information and develop cooperation with regard to:

(a) agricultural policy and the international agricultural outlook in general;

(b) the promotion and facilitation of agricultural trade, including trade in plants, animals, aquatic animals and their products;

(c) development policy in rural areas, including other productive resources and inputs, knowledge, financial services, markets and opportunities for value addition and non-farm employment;

(d) policy on plants, animals, aquatic animal products including agricultural quality schemes such as geographical indications and organic production, as well as cooperation on Good Agricultural Practices;

(e) the promotion of organic agriculture certification and accreditation systems and sustainable agricultural production.

2. The Parties agree to promote technology cooperation, capacity-building or any other forms of cooperation that increase productivity, safe and sustainable production and resilient practices in agriculture, livestock, fisheries and rural development areas, and that improve preparedness, prevention, detection, response and control of plant, animal and zoonotic diseases in line with the One Health approach and international standards.

3. The Parties agree to encourage the public and private sectors to discuss and exchange business information, including business matching and trade promotion events for agricultural products.

Article 46. Health

1. The Parties agree to cooperate and share experiences and best practices in the health sector with a view to strengthening activities in the field of research, addressing the threat from major non-communicable diseases and communicable diseases, including the COVID-19 pandemic, and strengthening universal health coverage, as well as health services, including sexual and reproductive healthcare services. The Parties also agree to exchange views and best practices on regulatory issues relevant to pharmaceuticals and medical devices.

2. Cooperation in the field of health shall take place mainly through international fora, including the World Health Organization, and multilateral initiatives, in areas such as:

(a) joint research and major vertical health programme development; joint research via multilateral initiatives such as the Global Alliance for Chronic Diseases and Global Research Collaboration for Infectious Disease Preparedness;

(b) capacity-building and human resource development;

Article 47. Employment and Social Affairs

1. The Parties agree to enhance cooperation and promote technical assistance in the field of employment and social affairs, including cooperation on regional and social cohesion, health and safety at the workplace, gender equality and equal pay for work of equal value, lifelong learning and skills development, social protection and decent work, with a view to strengthening the social dimension of globalisation.

2. The Parties reaffirm the need to support the process of globalisation which is beneficial to all and to promote full and productive employment and decent work as a key element of sustainable development and poverty reduction, as endorsed by the 2030 Agenda for Sustainable Development, the ILO Declaration on Social Justice for a Fair Globalisation, adopted in Geneva on 10 June 2008, and the ILO Centenary Declaration for the Future of Work, adopted in Geneva on 21 June 2019. The Parties shall take into account the respective characteristics and diverse nature of their economic and social situations.

3. The Parties reaffirm their respective commitments to promote and effectively implement internationally recognised social and labour standards, and to respect, promote and realise the fundamental principles and rights at work as laid down in the ILO Declaration on Fundamental Principles and Rights at Work, adopted in Geneva on 18 June 1998 and amended on 10 June 2022. The Parties agree to cooperate and to provide technical assistance with a view to working towards the ratification and implementation of the fundamental ILO Conventions as well as to cooperate on promoting the ratification and implementation of other up-to-date ILO Conventions as appropriate, including as regards violence and harassment in the world of work.

4. The Parties agree to promote cooperation between government and social partners in the fields of employment and social affairs as well as exchanges of information regarding employment, health and safety at work, labour inspections and social dialogue on social and labour protection.

5. Cooperation in the field of employment and social affairs may include, inter alia, specific programmes and projects, as mutually agreed, as well as dialogue, cooperation and initiatives on topics of common interest at bilateral or multilateral level, such as at the ASEM, at EU-ASEAN level and at the ILO.

Article 48. Statistics

The Parties agree to promote, in accordance with existing statistical cooperation activities between the EU and ASEAN, cooperation in harmonising statistical methods and practice including the gathering, processing, analysing and dissemination of statistics to increase the availability of high-quality, timely, relevant and more detailed aggregated data, thus enabling them to use, on a mutually acceptable basis, statistics on trade in goods and services and, more generally, on any other area covered by this Agreement which lends itself to statistical processing. The Parties underline the importance of data and statistics for the implementation of the 2030 Agenda for Sustainable Development.

Article 49. Civil Society

The Parties recognise the role and contribution of civil society, especially academics, social partners, as well as links between think tanks and social partners, in the dialogue and cooperation process under this Agreement and agree to encourage and promote effective dialogue with civil society, and promote their effective and constructive participation as well as multi-stakeholder partnerships.

Title VI. MEANS OF COOPERATION

Article 50. Resources for Cooperation

1. The Parties agree to make available the appropriate resources, including financial means, insofar as their respective resources and regulations allow, in order to attain the cooperation aims set out in this Agreement.

2. The Parties shall encourage the European Investment Bank to continue its operations in Thailand, in accordance with its procedures and financing criteria.

Article 51. Cooperation In the Development of Third Countries

1. The Parties agree to establish a regular dialogue on their respective development programmes in third countries.

2. The Parties agree to cooperate in joint actions aimed at providing assistance for sustainable development to countries neighbouring Thailand and beyond, in relevant sectors for trilateral cooperation. The areas of cooperation are to be determined by all partners involved, based on the needs of beneficiary countries, the capacity and expertise of the EU and Thailand, and to be decided on an ad hoc basis.

Title VII. INSTITUTIONAL FRAMEWORK

Article 52. Joint Committee

1. A Joint Committee is hereby established, composed of representatives of both Parties at the highest possible level, the tasks of which shall be to:

(a) ensure the proper functioning and implementation of this Agreement;

(b) set priorities in relation to the aims of this Agreement;

(d) settle, where applicable, any difference or divergence arising in the interpretation, implementation or application of this Agreement in accordance with Article 55;

(e) examine all information presented by either Party regarding the non-fulfilment of the obligations under this Agreement and hold consultations with the other Party to seek an amicable and mutually acceptable solution to the Parties in accordance with Article 55.

2. The Joint Committee shall normally meet not less than every two years in Bangkok and Brussels alternately, on a date to be fixed by mutual agreement. Extraordinary meetings of the Joint Committee may also be convened by agreement between the Parties. The Joint Committee shall be chaired alternately by each Party. The agenda for meetings of the Joint Committee shall be determined by agreement between the Parties.

3. The Joint Committee may set up specialised working groups in order to assist it in the performance of its tasks. These working groups shall make detailed reports of their activities to the Joint Committee at each of its meetings.

4. The Parties agree that it shall also be the task of the Joint Committee to ensure the proper functioning of any sectoral agreement or protocol concluded or to be concluded between the Parties.

5. The Joint Committee shall adopt its own rules of procedure.

Title VIII. FINAL PROVISIONS

Article 53. Future Developments Clause

1. The Parties may, by mutual consent, expand this Agreement with a view to enhancing the level of cooperation, including through supplementing it by means of agreements or protocols on specific areas, sectors or activities. Such specific agreements or protocols shall be an integral part of the overall bilateral relations between the Parties and shall be subject to a common institutional framework.

2. With regard to the implementation of this Agreement, either Party may put forward suggestions for widening the scope of cooperation, taking into account the experience gained in the application of this Agreement.

Article 54. Other Agreements

1. Without prejudice to the relevant provisions of the Treaty on European Union and the Treaty on the Functioning of the European Union, neither this Agreement nor action taken hereunder shall in any way affect the powers of the Member States to undertake bilateral cooperation activities with Thailand or to conclude, where appropriate, new partnership and cooperation agreements with Thailand.

2. This Agreement shall not affect the application or implementation of commitments undertaken by either Party in relation with third parties.

3. Nothing in this Agreement shall preclude a Party from taking any action, including dispute settlement action, under any other international agreement to which both Parties are party.

Article 55. Fulfilment of Obligations

1. The Parties shall take any general or specific measures required to fulfil their obligations under this Agreement. They shall see to it that the aims set out in this Agreement are attained.

2. In accordance with Article 52(1)(d), either Party may refer to the Joint Committee any divergence in the application or interpretation of this Agreement.

3. If either Party considers that the other Party has failed to fulfil any of its obligations under this Agreement, it may take appropriate measures in accordance with international law.

4. Before taking appropriate measures referred to in paragraph 3, except in the cases referred to in paragraph 5, such Party shall present to the Joint Committee all the relevant information required for a thorough examination of the situation with a view to seeking a solution acceptable to the Parties. The Parties shall hold consultations under the auspices of the Joint Committee. Where the Joint Committee is unable to reach a mutually acceptable solution, such Party may take appropriate measures.

5. If either Party has serious grounds to consider that the other Party has failed to fulfil in a substantial manner any of the obligations that are described as essential elements in Articles 1(1) and 3(1), it shall immediately notify the other Party of such non-fulfilment. At the request of either Party, the Joint Committee, or another body designated by mutual agreement of the Parties, shall hold immediate consultations within a period of up to 30 days for a thorough examination of any aspect of, or the basis for, the measure with a view to seeking a solution acceptable to the Parties. After that period, the notifying Party may apply appropriate measures.

6. In the selection of the appropriate measures, priority must be given to those which least disturb the functioning of this Agreement or, as the case may be, of any other specific agreement referred to in Article 53(1). Such measures shall be temporary in nature and proportionate to the violation with a view to encouraging the eventual fulfilment of the obligations. For the purposes of paragraph 4, "appropriate measures" may include the suspension of this Agreement, in whole or in part. For the purposes of paragraph 5, "appropriate measures" may include the suspension of this Agreement, in whole or in part, or of any specific agreement referred to in Article 53(1). The decision to suspend would be taken by each Party in accordance with their respective laws and regulations.

7. Either Party may request the Joint Committee to review the circumstances that gave rise to the application of appropriate measures, with a view to seeking a mutually acceptable solution for the Parties. The Party taking the appropriate measures shall withdraw them as soon as warranted.

Article 56. Facilitation

To facilitate cooperation in the framework of this Agreement, the Parties agree to grant the necessary facilities to officials and experts involved in the implementation of cooperation for the performance of their functions, in accordance with their respective laws and regulations.

Article 57. Territorial Application

This Agreement shall apply, on the one hand, to the territories in which the Treaty on European Union and the Treaty on the Functioning of the European Union apply under the conditions laid down in those Treaties, and on the other hand, to the territory of Thailand.

Article 58. Definition of the Parties

For the purpose of this Agreement, "the Parties" shall mean the EU or its Member States or the EU and its Member States, in accordance with their respective powers, on the one hand, and Thailand, on the other.

Article 59. Entry Into Force and Provisional Application

1. This Agreement shall enter into force thirty (30) days after the date on which the last Party has notified the other Party of the completion of their respective internal legal procedures necessary for that purpose.

2. Notwithstanding paragraph 1, Thailand and the EU may provisionally apply this Agreement, in whole or in part, in accordance with their respective internal procedures, pending its entry into force.

3. Such provisional application shall take effect thirty (30) days following the date on which:

(a) the EU has notified Thailand of the completion of its necessary procedures, indicating the parts of this Agreement that shall be provisionally applied; and

(b) Thailand has notified the EU of the completion of its necessary procedures, accepting the parts of the Agreement that shall be provisionally applied.

4. Either Party may notify the other Party in writing of its intention to terminate the provisional application of this Agreement. The termination shall take effect thirty (30) days after the date of the receipt of such notification.

5. For the provisions in this Agreement that are provisionally applied, the entry into force of this Agreement shall be understood to refer to the date of provisional application as set out in paragraph 3.

6. The Joint Committee and other bodies established under this Agreement may exercise their functions during the provisional application of this Agreement to the extent that those functions are necessary for ensuring the provisional application of this Agreement. Any decisions adopted in the exercise of their functions shall cease to be effective if the provisional application of this Agreement is terminated in accordance with paragraph 4.

Article 60. Duration and Termination

1. This Agreement shall be valid for a period of five (5) years. It shall be automatically extended for further successive periods of one year, unless either Party notifies the other Party in writing of its intention not to extend this Agreement six (6) months prior to the end of any subsequent one-year period.

2. This Agreement may be terminated by either Party by written notice given to the other Party. The termination shall take effect six (6) months after receipt of the notification by the other Party. Such termination shall not affect ongoing projects commenced under this Agreement prior to the receipt of the notification.

Article 61. Amendments

Any amendments to this Agreement shall be made by agreement between the Parties. Any amendments shall become effective from the date of the last written notification that all necessary formalities have been completed for that purpose.

Article 62. Joint Declarations

The Joint Declarations annexed to this Agreement shall form an integral part of this Agreement.

Article 63. Notifications

Notifications made in accordance with Article 59, 60 and 61 shall be made to the Secretary-General of the Council of the European Union and the Ministry of Foreign Affairs of Thailand, respectively.

Article 64. Authentic Texts

This Agreement is drawn up in duplicate in the Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Irish, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, Swedish and Thai languages, each of these texts being equally authentic.

Conclusion

IN WITNESS WHEREOF, the undersigned Plenipotentiaries, duly authorised to this effect, have signed this Agreement.

Done at Brussels on the fourteenth day of December in the year two thousand and twenty two

FOR THE KINGDOM OF BELGIUM

This signature also commits the French Community, the Flemish Community, the German-speaking Community, the Walloon Region, the Flemish Region and the Brussels-Capital Region.

FOR THE REPUBLIC OF BULGARIA,

FOR THE CZECH REPUBLIC,

FOR THE KINGDOM OF DENMARK,

FOR THE FEDERAL REPUBLIC OF GERMANY,

FOR THE REPUBLIC OF ESTONIA,

FOR IRELAND,

FOR THE HELLENIC REPUBLIC,

FOR THE KINGDOM OF SPAIN,

FOR THE FRENCH REPUBLIC,

FOR THE REPUBLIC OF CROATIA,

FOR THE ITALIAN REPUBLIC,

THE REPUBLIC OF CYPRUS,