Title
FRAMEWORK AGREEMENT between the European Union and its Member States, on the one part, and the Republic of Korea, on the other part
Preamble
THE EUROPEAN UNION, hereinafter referred to as "the Union",
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 ITALIAN REPUBLIC,
THE REPUBLIC OF CYPRUS,
THE REPUBLIC OF LATVIA,
THE REPUBLIC OF LITHUANIA,
THE GRAND DUCHY OF LUXEMBOURG,
THE REPUBLIC OF HUNGARY,
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,
THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,
Contracting Parties to the Treaty on European Union and the Treaty on the Functioning of the European Union, hereinafter referred to as "the Member States",
on the one part, and
THE REPUBLIC OF KOREA,
on the other part, hereinafter jointly referred to as "the Parties", CONSIDERING their traditional links of friendship and the historical, political and economic ties which unite them;
RECALLING the Framework Agreement for Trade and Cooperation between the European Community and its Member States, on the one hand, and the Republic of Korea, on the other hand, signed in Luxembourg on 28 October 1996 and which entered into force on 1 April 2001;
MINDFUL of the accelerated process whereby the European Union is acquiring its own identity in foreign policy and in the field of security and justice;
CONSCIOUS of the growing role and responsibility assumed by the Republic of Korea in the international community;
STRESSING the comprehensive nature of their relationship and the importance of continuous efforts to maintain overall coherence;
CONFIRMING their desire to maintain and develop their regular political dialogue, which is based on shared values and aspirations;
EXPRESSING their common will to elevate their relations into a strengthened partnership including in the political, economic, social and cultural fields;
DETERMINED in this regard to consolidate, deepen and diversify relations in areas of mutual interest, at the bilateral, regional and global levels and on the basis of equality, respect of sovereignty, non-discrimination and mutual benefit;
REAFFIRMING the strong attachment of the Parties to democratic principles and human rights as laid down in the Universal Declaration of Human Rights and other relevant international human rights instruments as well as to the principles of the rule of law and good governance;
REAFFIRMING their determination to fight against serious crimes of international concern and their conviction that the effective prosecution of the most serious crimes of international concern must be ensured by taking measures at a national level and by enhancing global collaboration;
CONSIDERING that terrorism is a threat to global security and wishing to intensify their dialogue and cooperation in the fight against terrorism, in accordance with relevant international instruments, in particular Resolution 1373 of the United Nations Security Council, and reaffirming that respect for human rights and the rule of law is the fundamental basis of the fight against terrorism;
SHARING the view that the proliferation of weapons of mass destruction and their means of delivery poses a major threat to international security, recognising the commitment of the international community to fight against such proliferation as expressed in the adoption of relevant international conventions and Resolutions of the United Nations Security Council, in particular Resolution 1540, and wishing to strengthen their dialogue and cooperation in this area;
RECOGNISING the need for enhanced cooperation in the field of justice, freedom and security;
RECALLING in this regard that the provisions of the Agreement that fall within the scope of Part III, Title V of the Treaty on the Functioning of the European Union bind the United Kingdom and Ireland as separate Contracting Parties, and not as part of the European Union, until the European Union (as the case may be) notifies the Republic of Korea that either State has become bound on these matters as part of the European Union in accordance with the Protocol on the position of the United Kingdom and Ireland annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, and that the same applies to Denmark, in accordance with the relevant Protocol annexed to those Treaties;
RECOGNISING their desire to promote sustainable development in its economic, social and environmental dimensions;
EXPRESSING their commitment to ensuring a high level of environmental protection and their determination to cooperate in combating climate change;
RECALLING their support for fair globalisation and for the goals of full and productive employment, as well as decent work for all;
RECOGNISING that trade and investment flows have thrived between the Parties based on the global rules-based trading system under the auspices of the World Trade Organisation (WTO);
DESIROUS OF securing the conditions for and promoting the sustainable increase and development of trade and investment between the Parties to their mutual advantage, inter alia by establishing a free trade area;
CONCURRING on the need to exert collective efforts to respond to global issues such as terrorism, serious crimes of international concern, the proliferation of weapons of mass destruction and their means of delivery, climate change, energy and resources insecurity, poverty and financial crisis;
DETERMINED to strengthen cooperation in sectors of mutual interest, notably promoting democratic principles and respect for human rights, countering the proliferation of weapons of mass destruction; combating illicit trade in small arms and light weapons; taking measures against the most serious crimes of concern to the international community, combating terrorism; cooperation in regional and international organisations; trade and investment; economic policy dialogue; business cooperation; taxation; customs; competition policy; information society; science and technology; energy; transport; maritime transport policy; consumer policy; health; employment and social affairs; environment and natural resources; climate change; agriculture, rural development and forestry; marine and fisheries; development assistance; culture, information, communication, audiovisual and media; education; the rule of law; legal cooperation; personal data protection; migration; combating illicit drugs; combating organised crime and corruption; combating money laundering and terrorism financing; combating cyber crime; law enforcement; tourism; civil society; public administration; and statistics;
MINDFUL of the importance of facilitating the involvement in cooperation of the individuals and entities directly concerned, in particular economic operators and the bodies representing them;
RECOGNISING the desirability of raising the roles and profiles of both Parties in each other's regions and of fostering people-to-people contacts between the Parties,
HAVE AGREED AS FOLLOWS:
Body
Title I. BASIS AND SCOPE
Article 1. Basis for Cooperation
1. The Parties confirm their attachment to democratic prin- ciples, human rights and fundamental freedoms, and the rule of law. Respect for democratic principles and human rights and fundamental freedoms as laid down in the Universal Declaration of Human Rights and other relevant international human rights instruments, which reflect the principle of the rule of law, underpins the internal and international policies of both Parties and constitutes an essential element of this Agreement.
2. The Parties confirm their attachment to the Charter of the United Nations and their support for the shared values expressed therein.
3. The Parties reaffirm their commitment to promoting sustainable development in all its dimensions, economic growth, contributing to the attainment of internationally agreed development goals, and cooperating to address global environmental challenges, in particular climate change.
4. The Parties reaffirm their attachment to the principles of good governance and the fight against corruption, notably taking into account their international obligations.
5. The Parties underline their shared attachment to the comprehensive nature of bilateral relations and to maintaining overall coherence in this regard.
6. The Parties agree to elevate their relations into a strengthened partnership and to develop cooperation areas at the bilateral, regional and global levels.
7. The implementation of this Agreement between Parties sharing the same values and respect shall therefore be based on the principles of dialogue, mutual respect, equal partnership, multilateralism, consensus and respect for international law.
Article 2. Aims of Cooperation
1. With a view to enhancing their cooperation, the Parties undertake to intensify their political dialogue and to boost further their economic relations. Their efforts will in particular be aimed at:
(a) agreeing on a future vision for strengthening their part- nership and developing joint projects to implement this vision;
(b) conducting regular political dialogues;
(c) promoting collective efforts in all relevant regional and international fora and organisations to respond to global issues;
(d) fostering economic cooperation in areas of mutual interest, including scientific and technological cooperation, with a view to diversifying trade to their mutual advantage;
(e) encouraging cooperation between businesses by facilitating investment on both sides and by promoting better mutual understanding;
(f) strengthening respective participation in each other's cooperation programmes open to the other Party;
(g) raising the roles and profiles of both Parties in each other's regions, through various means including cultural exchanges, the use of information technology, and education;
(h) promoting people-to-people contacts and understanding.
2. Building on their well-established partnership and shared values, the Parties agree to develop their cooperation and dialogue on all issues of common interest. Their efforts will in particular be aimed at:
(a) strengthening political dialogue and cooperation, notably on human rights; non-proliferation of weapons of mass destruction; small arms and light weapons; the most serious crimes of concern to the international community; and counter-terrorism;
(b) strengthening cooperation in all trade and investment- related areas of mutual interest and securing the conditions for the sustainable increase of trade and investment between the Parties to their mutual advantage;
(c) strengthening cooperation in the area of economic cooperation, notably economic policy dialogue; business cooperation; taxation; customs; competition policy; information society; science and technology; energy; transport; maritime transport policy; and consumer policy;
(d) strengthening cooperation in the area of sustainable devel- opment, notably health; employment and social affairs; environment and natural resources; climate change; agri- culture, rural development and forestry; marine and fisheries; and development assistance;
(e) strengthening cooperation in the area of culture, information, communication, audiovisual and media; and. education;
(f) strengthening cooperation in the field of justice, freedom and security, notably the rule of law; legal cooperation; personal data protection; migration; combating _ illicit drugs; combating organised crime and corruption; combating money laundering and terrorism financing; combating cyber crime; and law enforcement;
(g) strengthening cooperation in other areas of common interest, notably tourism; civil society; public administration; and statistics.
Title II. POLITICAL DIALOGUE AND COOPERATION
Article 3. Political Dialogue
1. A regular political dialogue, based on shared values and aspirations, will be established between the Republic of Korea and the European Union. This dialogue will take place in accordance with the procedures agreed between the Republic of Korea and the European Union.
2. The political dialogue will aim to:
(a) underline the Parties' commitment to democracy and respect for human rights and fundamental freedoms;
(b) promote peaceful solutions to international or regional conflicts and the strengthening of the United Nations and other international organisations;
(c) enhance policy consultations on international security matters such as arms control and disarmament, non-prolif- eration of weapons of mass-destruction, and the inter- national transfer of conventional weapons;
(d) reflect on major international issues of common interest by increasing the exchange of relevant information both between the two parties and within international fora;
(e) enhance consultations on issues of particular interest to the countries of the Asia-Pacific and European regions, for the promotion of peace, stability and prosperity in both regions.
3. Dialogue between the Parties will take place through contacts, exchanges and consultations, particularly in the following forms:
(a) summit meetings at leaders' level will be held whenever the Parties deem it necessary;
(b) annual consultations at ministerial level will be held wherever the Parties agree;
(c) briefings on major foreign and domestic developments at senior officialsâ level;
(d) sectoral dialogues on issues of common interest;
(e) exchanges of delegations between the European Parliament and the National Assembly of the Republic of Korea.
Article 4. Countering the Proliferation of Weapons of Mass Destruction
1. The Parties consider that the proliferation of weapons of mass destruction and their means of delivery, both to state and non-state actors, represents one of the most serious threats to international stability and security.
2. The Parties therefore agree to cooperate in and contribute towards countering the proliferation of weapons of mass destruction and their means of delivery through full implemen- tation of their respective existing legal obligations relating to disarmament and non-proliferation and other relevant instruments agreed by both Parties. The Parties agree that this provision constitutes an essential element of this Agreement.
3. The Parties furthermore agree to cooperate and to contribute to countering the proliferation of weapons of mass destruction and their means of delivery by:
(a) taking steps to sign, ratify, or accede to, as appropriate, and fully implement all other relevant international instruments;
(b) the establishment of an effective system of national export controls to prevent the proliferation of weapons of mass destruction and related goods and technologies, including end-user controls and appropriate civil and criminal penalties for breaches of export controls.
4. The Parties agree that their political dialogue will accompany and consolidate these elements.
Article 5. Small Arms and Light Weapons
1. The Parties recognise that the illicit manufacture, transfer and circulation of small arms and light weapons, 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 implement their respective commitments to deal with the illicit trade in small arms and light weapons, including their ammunition, within the framework of international instruments including the UN Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects (UN PoA) and the International Instrument to Enable States to Identify and Trace, in a Timely and Reliable Manner, Illicit Small Arms and Light Weapons (ITI) as well as obligations deriving from UN Security Council resolutions.
3. The Parties undertake to cooperate and to ensure coordination, complementarity, and synergy in their efforts to deal with the illicit trade in small arms and light weapons and ammunition, at global, regional, sub-regional, and national levels.
Article 6. The Most 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 national level and by enhancing international cooperation, as appropriate, including the International Criminal Court. The Parties agree to fully support the universality and integrity of the Rome Statute of the International Criminal Court and related instruments.
2. The Parties agree that a dialogue between them on these matters would be beneficial.
Article 7. Cooperation In Combating Terrorism
1. The Parties, reaffirming the importance of the fight against terrorism, and in accordance with applicable international conventions, including international humanitarian, human rights and refugee law, as well as with their respective legislation and regulations, and, taking into account the UN Global Counter-Terrorism Strategy, contained in the UN General Assembly Resolution No 60/288 of 8 September 2006, agree to cooperate in the prevention and suppression of terrorist acts.
2. The Parties shall do so in particular:
(a) in the framework of implementation of Resolutions of the UN Security Council and their respective obligations under other relevant international conventions and instruments;
(b) by exchange of information on terrorist groups and their support networks, in accordance with international and national law;
(c) by exchanges of views on means and methods used to counter terrorism, including in technical fields and training, and by exchange of experiences in respect of terrorism prevention;
(d) by cooperating to deepen the international consensus on the fight against terrorism including the legal definition of terrorist acts, as appropriate, and in particular by working towards an agreement on the Comprehensive Convention on International Terrorism;
(e) by sharing relevant best practices in the area of protection of human rights in the fight against terrorism.
Title III. COOPERATION IN REGIONAL AND INTERNATIONAL ORGANISATIONS
Article 8. Cooperation In Regional and International Organisations
The Parties undertake to cooperate and exchange views in regional and international fora and organisations such as the United Nations, the International Labour Organisation (ILO), the Organisation for Economic Cooperation and Development (OECD), the WTO, the Asia-Europe Meeting (ASEM) and ASEAN Regional Forum (ARF).
Title IV. COOPERATION IN THE AREA OF ECONOMIC DEVELOPMENT
Article 9. Trade and Investment
1. The Parties undertake to cooperate in securing the conditions for and promoting the sustainable increase and development of trade and investment between them to their mutual advantage. The Parties shall engage in dialogue and strengthen cooperation in all trade-and investment-related areas of mutual interest, in order to facilitate sustainable trade and investment flows, to prevent and remove obstacles to trade and investment, and to advance the multilateral trade system.
2. To this end, the Parties shall give effect to their cooperation in the trade and investment area through the agreement establishing a free trade area. The aforementioned agreement shall constitute a specific agreement giving effect to the trade provisions of this Agreement, within the terms of Article 43.
3. The Parties shall keep each other informed and exchange views concerning the development of bilateral and international trade, investment and related policies and issues.
Article 10. Economic Policy Dialogue
1. The Parties agree to strengthen the dialogue between their authorities and to promote the exchange of information and the sharing of experiences on macroeconomic policies and trends.
2. The Parties agree to strengthen dialogue and cooperation with a view to improving accounting, auditing, supervisory and regulatory systems in banking, insurance and other parts of the financial sector.
Article 11. Business Cooperation
1. The Parties, taking into account their respective economic policies and objectives, agree to promote industrial policy cooperation in all fields deemed suitable particularly with a view to improving the competitiveness of small and medium- sized enterprises (SMEs), inter alia, through:
(a) exchanging information and experiences on creating framework conditions for SMEs to improve their competi- tiveness and on procedures related to the creation of SMEs;
(b) promoting contacts between economic operators, encouraging joint investments and establishing joint ventures and information networks notably through existing programmes;
(c) facilitating access to finance and marketing, providing information and stimulating innovation;
(d) facilitating the activities established by SMEs of both sides;
(e) promoting corporate social responsibility and accountability and encouraging responsible business practices, including sustainable consumption and production.
2. The Parties shall facilitate the relevant cooperation activities established by the private sectors of both sides.
Article 12. 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 themselves to implement in the tax area the principles of transparency, exchange of information and fair tax competition. To that effect, in accordance with their respective competences, the Parties will improve international cooperation in the tax area, facilitate the collection of legitimate tax revenues, and develop measures for the effective implementation of the above mentioned principles.
Article 13. Customs
The Parties shall cooperate in the customs field on a bilateral and multilateral basis. To this end, they shall in particular share experiences and examine possibilities to simplify procedures, increase transparency and develop cooperation. They shall also seek convergence of views and joint action in relevant international frameworks.
Article 14. Competition Policy
1. The Parties shall foster fair competition in economic activities by fully enforcing their competition laws and regulations.
2. In pursuit of the goal of paragraph 1 of this Article and in accordance with the Agreement between the Government of the Republic of Korea and the European Community concerning cooperation on anti-competitive activities, the Parties shall undertake to cooperate in: