Title
COMPREHENSIVE AND ENHANCED PARTNERSHIP AGREEMENT BETWEEN THE EUROPEAN UNION AND THE EUROPEAN ATOMIC ENERGY COMMUNITY AND THEIR MEMBER STATES, OF THE ONE PART, AND THE REPUBLIC OF ARMENIA, OF THE OTHER PART
Preamble
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,
THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,
Contracting Parties to the Treaty on European Union, the Treaty on the Functioning of the European Union and the Treaty establishing the European Atomic Energy Community, hereinafter referred to as "the Member States",
THE EUROPEAN UNION, and THE EUROPEAN ATOMIC ENERGY COMMUNITY, hereinafter referred to as "Euratom"
of the one part, and THE REPUBLIC OF ARMENIA
of the other part, hereafter jointly referred to as "the Parties",
TAKING ACCOUNT OF the strong links between the Parties and the values that they share, and their desire to strengthen links established in the past through the Partnership and Cooperation Agreement and to promote close and intensive cooperation based on equal partnership within the framework of the European Neighbourhood Policy (ENP) and the Eastern Partnership as well as within this Agreement;
RECOGNISING the contribution of the joint EU-Armenia ENP Action Plan, including its introductory provisions, and the importance of the partnership priorities in strengthening relations between the European Union and the Republic of Armenia and in helping to move forward the reform and approximation, as referred to hereinafter, process in the Republic of Armenia, thus contributing to enhanced political and economic cooperation;
COMMITTED to further strengthening respect for fundamental freedoms, human rights, including the rights of persons belonging to minorities, democratic principles, the rule of law, and good governance;
ACKNOWLEDGING that internal reforms towards strengthening democracy and the market economy, on the one hand, and sustainable conflict settlement, on the other hand, are linked. Hence, sustainable democratic reform processes in the Republic of Armenia will help build confidence and stability throughout the region;
COMMITTED to further promoting the political, socio-economic and institutional development of the Republic of Armenia through, for example, the development of civil society, institution building, public-administration and civil-service reform, the fight against corruption, and enhanced trade and economic cooperation, including good governance in the area of tax, the reduction of poverty, and wide-ranging cooperation in a broad spectrum of areas of common interest, including in the field of justice, freedom and security;
COMMITTED to the full implementation of the purposes, principles and provisions of the United Nations Charter, the United Nations Universal Declaration of Human Rights of 1948, the European Convention for the Protection of Human Rights and Fundamental Freedoms of 1950 ("the European Convention on Human Rights") and the Helsinki Final Act of 1975 of the Conference on Security and Cooperation in Europe ("OSCE Helsinki Final Act");
RECALLING their will to promote international peace and security as well as engaging in effective multilateralism and the peaceful settlement of disputes within agreed formats, in particular by cooperating to that end within the framework of the United Nations (UN) and the Organization for Security and Co-operation in Europe (OSCE);
COMMITTED to international obligations to fight against the proliferation of weapons of mass destruction ("WMDs") and their means of delivery and to cooperate on disarmament and non-proliferation, as well as nuclear security and safety;
RECOGNISING the importance of the active participation of the Republic of Armenia in regional cooperation formats, including those supported by the European Union; recognising the importance the Republic of Armenia attaches to its participation in international organisations and cooperation formats and its existing obligations arising therefrom;
DESIROUS to further develop regular political dialogue on bilateral and international issues of mutual interest, including regional aspects, taking into account the common foreign and security policy, including the common security and defence policy, of the European Union and the relevant policies of the Republic of Armenia; recognising the importance the Republic of Armenia attaches to its participation in international organisations and cooperation formats and its existing obligations arising therefrom;
RECOGNISING the importance of the commitment of the Republic of Armenia to the peaceful and lasting settlement of the Nagorno-Karabakh conflict, and the need to achieve that settlement as early as possible, in the framework of the negotiations led by the OSCE Minsk Group co-chairs; also recognising the need to achieve that settlement on the basis of the purposes and principles enshrined in the UN Charter and the OSCE Helsinki Final Act, in particular those related to refraining from the threat or use of force, the territorial integrity of States, and the equal rights and self-determination of peoples and reflected in all declarations issued within the framework of the OSCE Minsk Group co-chairmanship since the 16th OSCE Ministerial Council of 2008; also noting the stated commitment of the European Union to support this settlement process;
COMMITTED to preventing and fighting corruption, combating organised crime and stepping up cooperation in the fight against terrorism;
COMMITTED to stepping up their dialogue and cooperation on migration, asylum and border management with a comprehensive approach paying attention to legal migration and to cooperation aimed at tackling illegal migration and trafficking in human beings as well as efficiently implementing the readmission agreement;
RECONFIRMING that enhanced mobility of the citizens of the Parties in a secure and well-managed environment remains a core objective and considering in due course the opening of a visa dialogue with the Republic of Armenia, provided that conditions for well-managed and secure mobility, including the effective implementation of visa facilitation and readmission agreements between the Parties, are in place;
COMMITTED to the principles of free-market economy and the readiness of the European Union to contribute to the economic reforms in the Republic of Armenia;
RECOGNISING the willingness of the Parties to deepen economic cooperation, including in trade-related areas, in compliance with the rights and obligations arising from the Parties' membership of the World Trade Organization (WTO) and through the transparent and non- discriminatory application of those rights and obligations;
CONVINCED that this Agreement will create a new climate for economic relations between the two Parties and, above all, for the development of trade and investment, and will stimulate competition, which are crucial to economic restructuring and modernisation;
COMMITTED to respecting the principles of sustainable development;
COMMITTED to ensuring environmental protection, including trans-boundary cooperation and the implementation of multilateral international agreements;
COMMITTED to enhancing the security and safety of the energy supply, facilitating the development of appropriate infrastructure, increasing market integration and gradual regulatory approximation with the key elements of the EU acquis referred to hereinafter, including, inter alia, by promoting energy efficiency and the use of renewable energy sources, taking into account commitments of the Republic of Armenia to the principles of equal treatment of energy-supplier, transit, and consumer countries;
COMMITTED to high levels of nuclear safety and nuclear security, as referred to hereinafter;
ACKNOWLEDGING the need for enhanced energy cooperation, and the commitment of the Parties to fully respect the provisions of the Energy Charter Treaty;
WILLING to improve the level of public health and safety and the protection of human health, respecting the principles of sustainable development, environmental needs and climate change;
COMMITTED to enhancing people-to-people contacts, including through cooperation and exchanges in the fields of science and technology, education and culture, youth and sport;
COMMITTED to promoting cross-border and inter-regional cooperation;
RECOGNISING the commitment of the Republic of Armenia to progressively approximate its legislation in the relevant sectors with that of the European Union, to implement it effectively as part of its wider reform efforts and to develop its administrative and institutional capacity to the extent necessary to enforce this Agreement, and recognising the sustained support of the European Union, in accordance with all available instruments of cooperation, including technical, financial and economic assistance in connection with that commitment, reflecting the pace of the reforms and economic needs of the Republic of Armenia;
NOTING that, in the event that the Parties decide, within the framework of this Agreement, to enter into specific agreements in the area of freedom, security and justice concluded by the European Union pursuant to Title V of Part Three of the Treaty on the Functioning of the European Union, the provisions of such future agreements would not bind the United Kingdom and/or Ireland unless the European Union, simultaneously with the United Kingdom and/or Ireland as regards their respective previous bilateral relations, notifies the Republic of Armenia that the United Kingdom and/or Ireland has/have become bound by such agreements as part of the European Union in accordance with Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union. Likewise, any subsequent internal measures of the European Union adopted pursuant to the Title V of Part Three of the Treaty on the Functioning of the European Union to implement this Agreement would not bind the United Kingdom and/or Ireland unless they have notified their wish to take part or accept such measures in accordance with Protocol No 21; also noting, that such future agreements or such subsequent internal measures of the European Union would fall under Protocol No 22 on the position of Denmark, annexed to the said Treaties,
HAVE AGREED AS FOLLOWS:
Body
Title I. Objectives and General Principles
Article 1. Objectives
The aims of this Agreement are:
(a) to enhance the comprehensive political and economic partnership and cooperation between the Parties, based on common values and close links, including by increasing the participation of the Republic of Armenia in policies, programmes and agencies of the European Union;
(b) to strengthen the framework for political dialogue on all areas of mutual interest, promoting the development of close political relations between the Parties;
(c) to contribute to the strengthening of democracy and of political, economic and institutional stability in the Republic of Armenia;
(d) to promote, preserve and strengthen peace and stability at both regional and international level, including through joining efforts to eliminate sources of tension, enhancing border security, and promoting cross-border cooperation and good neighbourly relations;
(e) to enhance cooperation in the area of freedom, security and justice with the aim of reinforcing the rule of law and respect for human rights and fundamental freedoms;
(f) to enhance mobility and people-to-people contacts;
(g) to support the efforts of the Republic of Armenia to develop its economic potential via international cooperation, including through the approximation of its legislation to the EU acquis referred to hereinafter;
(h) to establish enhanced trade cooperation allowing for sustained regulatory cooperation in relevant areas, in compliance with the rights and obligations arising from WTO membership;
and
(i) to establish conditions for increasingly close cooperation in other areas of mutual interest.
Article 2. General Principles
1. Respect for the democratic principles, the rule of law, human rights and fundamental freedoms, as enshrined in particular in the UN Charter, the OSCE Helsinki Final Act and the Charter of Paris for a New Europe of 1990, as well as other relevant human rights instruments such as the UN Universal Declaration on Human Rights and the European Convention on Human Rights, shall form the basis of the domestic and external policies of the Parties and constitute an essential element of this Agreement.
2. The Parties reiterate their commitment to the principles of a free-market economy, sustainable development, regional cooperation and effective multilateralism.
3. The Parties reaffirm their respect for the principles of good governance, as well as for their international obligations, in particular under the UN, the Council of Europe and the OSCE.
4. The Parties commit themselves to the fight against corruption, the fight against the different forms of transnational organised crime and terrorism, the promotion of sustainable development, effective multilateralism and the fight against the proliferation of WMDs and their delivery systems, including through the EU Chemical Biological Radiological and Nuclear Risk Mitigation Centre of Excellence Initiative. This commitment constitutes a key factor in the development of the relations and cooperation between the Parties and contributes to regional peace and stability.
Title II. Political Dialogue and Reform; Cooperation In the Field of Foreign and Security Policy
Article 3. Aims of Political Dialogue
1. Political dialogue on all areas of mutual interest, including foreign policy and security matters as well as domestic reform, shall be further developed and strengthened between the Parties. Such dialogue will increase the effectiveness of political cooperation on foreign policy and security matters, recognising the importance the Republic of Armenia attaches to its participation in international organisations and cooperation formats and its existing obligations arising therefrom.
2. The aims of political dialogue shall be:
(a) to further develop and strengthen political dialogue on all areas of mutual interest;
(b) to enhance the political partnership and increase the effectiveness of cooperation in the area of foreign and security policy;
(c) to promote international peace, stability and security based on effective multilateralism;
(d) to strengthen cooperation and dialogue between the Parties on international security and crisis management, in particular in order to address global and regional challenges and related threats;
(e) to strengthen cooperation in the fight against the proliferation of WMDs and their delivery systems;
(f) to foster result-oriented and practical cooperation between the Parties for achieving peace, security and stability on the European continent;
(g) to strengthen respect for democratic principles, the rule of law, good governance, and human rights and fundamental freedoms, including media freedom and the rights of persons belonging to minorities, and to contribute to consolidating domestic political reforms;
(h) to develop dialogue and to deepen cooperation between the Parties in the field of security and defence;
(i) to promote the peaceful resolution of conflicts;
(j) to promote the purposes and principles of the UN as enshrined in its Charter and the principles guiding relations between participating states as set out in the OSCE Helsinki Final Act; and
(k) to promote regional cooperation, develop good neighbourly relations and enhance regional security, including by taking steps towards opening borders to promote regional trade and cross-border movement.
Article 4. Domestic Reform
The Parties shall cooperate in the following areas:
(a) developing, consolidating and increasing the stability and effectiveness of democratic institutions and the rule of law;
(b) ensuring respect for human rights and fundamental freedoms;
(c) making further progress on judicial and legal reform, so as to secure the independence, quality and efficiency of the judiciary, the prosecution and law enforcement;
(d) strengthening the administrative capacity and guaranteeing the impartiality and effectiveness of law-enforcement bodies;
(e) further pursuing public-administration reform and developing an accountable, efficient, transparent and professional civil service; and
(f) ensuring effectiveness in the fight against corruption, in particular with a view to enhancing international cooperation in combating corruption, and ensuring effective implementation of relevant international legal instruments, such as the UN Convention Against Corruption of 2003.
Article 5. Foreign and Security Policy
1. The Parties shall intensify their dialogue and cooperation in the area of foreign and security policy, including the common security and defence policy, recognising the importance that the Republic of Armenia attaches to its participation in international organisations and cooperation formats and its existing obligations arising therefrom, and shall address in particular issues of conflict prevention and crisis management, risk reduction, cybersecurity, security-sector reform, regional stability, disarmament, non-proliferation, arms control and export control. Cooperation shall be based on common values and mutual interests, and shall aim at increasing its effectiveness, making use of bilateral, international and regional fora, in particular the OSCE.
2. The Parties reaffirm their commitment to the principles and norms of international law, including those enshrined in the UN Charter and the OSCE Helsinki Final Act, and their commitment to the promotion of those principles in their bilateral and multilateral relations.
Article 6. Serious Crimes of International Concern and the International Criminal Court
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 national and international level, including at the level of the International Criminal Court.
2. The Parties consider that the establishment and effective functioning of the International Criminal Court constitutes an important development for international peace and justice. The Parties shall aim to enhance cooperation in promoting peace and international justice by ratifying and implementing the Rome Statute of the International Criminal Court and its related instruments, and taking into account their legal and constitutional frameworks.
3. The Parties agree to closely cooperate to prevent genocide, crimes against humanity and war crimes by making use of appropriate bilateral and multilateral frameworks.
Article 7. Conflict Prevention and Crisis Management
The Parties shall enhance practical cooperation in conflict prevention and crisis management, in particular with a view to the possible participation of the Republic of Armenia in EU-led civilian and military crisis-management operations as well as relevant exercises and training, on a case-by-case basis.
Article 8. Regional Stability and Peaceful Resolution of Conflicts
1. The Parties shall intensify their joint efforts to improve conditions for further regional cooperation by promoting open borders with cross-border movement, good neighbourly relations and democratic development, thereby contributing to stability and security, and shall work towards the peaceful settlement of conflicts.
2. The efforts referred to in paragraph 1 shall follow commonly shared principles of maintaining international peace and security as enshrined in the UN Charter, the OSCE Helsinki Final Act and other relevant multilateral documents to which the Parties have aligned themselves. The Parties underline the importance of existing agreed formats for the peaceful settlement of conflicts.
3. The Parties underline that arms control and confidence- and security-building measures remain of great importance for security, predictability and stability in Europe.
Article 9. Weapons of Mass Destruction, Non-proliferation and Disarmament
1. The Parties consider that the proliferation of WMDs and their means of delivery, both to State and non-State actors, such as terrorists and other criminal groups, represents one of the most serious threats to international peace and stability. The Parties therefore agree to cooperate in and contribute to countering the proliferation of WMDs and their means of delivery, in full compliance with, and national implementation of, their existing obligations under international disarmament and non-proliferation treaties and agreements as well as other relevant international obligations. The Parties agree that this provision constitutes an essential element of this Agreement.
2. The Parties agree to cooperate in and contribute to countering the proliferation of WMDs 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; and
(b) further developing an effective system of national export controls, including controls on the export and transit of WMD-related goods as well as WMD end-use controls on dual-use technologies.
3. The Parties agree to establish a regular political dialogue that will accompany and consolidate the elements referred to in this Article.
Article 10. Small Arms and Light Weapons and Conventional Arms Exports Control
1. The Parties recognise that the illicit manufacture and trafficking of small arms and light weapons (SALWs), including their ammunition, and excessive accumulation, poor management, inadequately secured stockpiles and the uncontrolled spread thereof continue to pose a serious threat to international peace and security.
2. The Parties agree to observe and fully implement their respective obligations to deal with the illicit trade in SALWs, including their ammunition, under existing international agreements to which they are parties and UN Security Council resolutions, as well as their commitments within the framework of other international instruments applicable in that area, such as the UN Programme of Action to prevent, combat and eradicate the illicit trade in SALWs in all its aspects.
3. The Parties shall undertake to cooperate and to ensure coordination, complementarity and synergy in their efforts to deal with the illicit trade in SALWs, including their ammunition, and the destruction of excessive stockpiles, at global, regional, sub-regional and, as appropriate, national levels.
4. Furthermore, the Parties agree to continue to cooperate in the area of conventional arms control, in the light of the Council Common Position 2008/944/CFSP of 8 December 2008 defining common rules governing on control of exports of military technology and equipment! and relevant national legislation of the Republic of Armenia.
5. The Parties agree to establish a regular political dialogue that will accompany and consolidate the elements referred to in this Article.
Article 11. Combating Terrorism
1. The Parties reaffirm the importance of the fight against and the prevention of terrorism, and agree to work together at bilateral, regional and international level to prevent and combat terrorism in all its forms and manifestations.
2. The Parties agree that it is essential that the fight against terrorism be conducted with full respect for the rule of law and in full conformity with international law, including international human rights law, international refugee law and international humanitarian law, the principles of the UN Charter, and all relevant international counter-terrorism-related instruments.
3. The Parties stress the importance of the universal ratification and full implementation of all UN counter-terrorism-related conventions and protocols. The Parties agree to continue to promote dialogue on the draft Comprehensive Convention on International Terrorism and to cooperate in the implementation of the UN Global Counter-Terrorism Strategy, as well as all relevant UN Security Council resolutions and Council of Europe conventions. The Parties also agree to cooperate to promote international consensus on the prevention of and fight against terrorism.
Title III. Justice, Freedom and Security
Article 12. Rule of Law and Respect for Human Rights and Fundamental Freedoms
1. In their cooperation in the area of freedom, security and justice, the Parties shall attach particular importance to the consolidation of the rule of law, including the independence of the judiciary, access to justice, the right to a fair trial as provided for by the European Convention on Human Rights, and procedural safeguards in criminal matters and victims' rights.
2. The Parties shall cooperate fully with regard to the effective functioning of institutions in the areas of law enforcement, the fight against corruption and the administration of justice.
3. Respect for human rights, non-discrimination and fundamental freedoms shall guide all cooperation on freedom, security and justice.
Article 13. Protection of Personal Data
The Parties agree to cooperate in order to ensure a high level of protection of personal data in accordance with the European Union, Council of Europe and international legal instruments and standards.
Article 14. Cooperation on Migration, Asylum and Border Management
1. The Parties reaffirm the importance of the joint management of migration flows between their territories and shall establish a comprehensive dialogue on all migration-related issues, including legal migration, international protection and the fight against illegal migration, smuggling and trafficking in human beings.
2. Cooperation will be based on a specific needs-assessment conducted through mutual consultation between the Parties and will be implemented in accordance with their relevant legislation in force. It will, in particular, focus on:
(a) addressing the root causes of migration;
(b) the development and implementation of national legislation and practices as regards international protection, with a view to satisfying the provisions of the Geneva Convention relating to the status of refugees of 1951, the Protocol relating to the Status of Refugees of 1967 and other relevant international instruments, such as the European Convention on Human Rights, and to ensuring respect for the principle of "non-refoulement";
(c) the admission rules and rights and status of persons admitted, fair treatment and integration of lawfully residing non-nationals, education and training and measures against racism and xenophobia;
(d) the establishment of an effective and preventive policy against illegal migration, the smuggling of migrants and trafficking in human beings, including the issue of how to combat networks of smugglers and traffickers and how to protect the victims of such trafficking in the framework of relevant international instruments;
(e) issues such as organisation, training, best practices and other operational measures in the areas of migration management, document security, visa policy, and border-management and migration-information systems;
3. Cooperation may also facilitate circular migration for the benefit of development.